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Agenda 2020 01-06NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson - Boseman, Chair I Patricia Kusek, Vice -Chair junathan Barfield, Jr. , Commissioner I Woody White, Commissioner Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board JANUARY 6, 2020 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson - Boseman) INVOCATION (Pastor Floyd Morris, The Pentecostals of Wilmington) PLEDGE OF ALLEGIANCE (Commissioner White) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS Approval of Minutes Approval of November 2019 Tax Collection Reports ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 40 3. Public Hearing Rezoning Request (Z18 -16) — Request by College Acres Development, LLC on Behalf of the Property Owner, Bennett Commercial, LLC, to Rezone Approximately 9.14 Acres of Land Located in the 5300 Block of Carolina Beach Road, from R -15, Residential District, and B -2, Highway Business District, to (CZD) RMF -M, Conditional Residential Multi- Family Moderate Density District, in Order to Construct a Townhome Development (This item was continued by staff from the December 2, 2019 agenda due to a notice error) 40 4. Public Hearing Rezoning Request (Z19 -13) - Request by Mihaly Land Design, PLLC, on Behalf of the Property Owner, Chase & Dylan Mihaly, LLC, to Rezone Approximately 0.34 Acres of Land Located at 7031 Market Street from R -15, Residential District, to (CZD) B -2, Conditional Highway Business District, in Order to Develop an Office Building (This item was continued by staff from the December 2, 2019 agenda due to a notice error) 40 5. Public Hearing Rezoning Request (Z18 -09M) — Request by Design Solutions on Behalf of the Property Owner, CH Bountiful Operating, LLC, to Modify the Conceptual Site Plan and Conditions of Approval of an Existing (CZD) R -10 District (Zoning Case Z18 -09), Located on Approximately 16.76 Acres of Land in the 500 Block of Bountiful Lane, to Change the Permitted Housing Type from Townhomes to Single- Family Homes (This item was continued by staff from the December 2, 2019 agenda due to a notice error) Board of Commissioners - January 6, 2020 40 6. Quasi - Judicial Hearing Special Use Permit Request (Z17 -09) — Request by Coastal Land Design, on Behalf of the Property Owner, Preservation Point Partnership, LLC, for a Special Use Permit for a Community Boating Facility Located on 134.9 Acres of Land Located Within the Preservation Point Development and Near the 100 Block of Brentwood Drive (The previously issued Special Use Permit expired in August 2019) 40 7. Public Hearing Rezoning Request (Z19 -10)— Request by TDR -H L, LLC, to Rezone Approximately 6.58 Acres of Land Located North of the Existing Hanover Reserve Subdivision, in the 7300 Block of Springwater Drive, from R -15, Residential District, to R -5, Moderate -High Residential District PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 8. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - January 6, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2020 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meeting: Regular Meeting held on December 16, 2019 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 6, 2020 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2020 CONSENT DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of November 2019 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall Collection Percentages for November 2019 are ahead of collections for November 2018 for New Hanover County and Debt Service. Fire District overall collection percentage is trending slightly behind in comparison from November 2019 to November 2018. The report for November 2019 in comparison to November 2018 is as follows: New Hanover County November 2019 November 2018 Real Property 52.31% 51.37% Personal Property 14.01% 13.66% Motor Vehicle 100.00% 100.00% Overall Collection Rate 50.31% 49.46% Total Collected YTD $83,556,402.59 $80,772,048.71 New Hanover County Debt Service November 2019 November 2018 Real Property 52.21% 51.25% Personal Property 13.87% 13.77% Motor Vehicle 100.00% 100.00% Overall Collection Rate 50.23% 49.42% Total Collected YTD $10,998,363.78 10,618,002.70 Grand Total Collected YTD $94,554,766.37 $91,390,051.41 New Hanover County Fire District November 2019 November 2018 Real Property 59.95% 58.75% Personal Property 10.59% 13.63% Motor Vehicle 100.00% 100.00% Overall Collection Rate 55.57% 55.83% Total Collected YTD $5,760,503.96 $5,524,624.76 Board of Commissioners - January 6, 2020 ITEM: 2 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hanover County Monthly Collection Report for November 2019 New Hanover County Debt Service Monthly Collection Report for November 2019 New Hanover County Fire District Monthly Collection Report for November 2019 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 6, 2020 ITEM: 2 New Hanover County Monthly Collection Report for November 2019 Current Year 2019 -2020 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 146,547,614.47 $ (43,875.26) $ 3,612.53 $ 14,523,938.72 $ (122,281.97) $ 284,717.41 $ 4,824,093.10 $ $ $ 165,895,646.29 (166,157.23) 288,329.94 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 146,507,351.74 76,706,365.18 72,074.27 (193.09) $ $ $ $ 14,686,374.16 2,058,491.39 1,453.17 (1,150.83) $ $ 4,824,093.10 4,824,093.10 $ $ $ $ 166,017,819.00 83,588,949.67 73,527.44 (1,343.92) Outstanding Balance $ 69,872,867.74 $ 12,628,185.11 $ - $ 82,501,052.85 Collection Percentage 52.31 926.74 14.01 $ 100.00 $ 50.31 YTD Interest Collected $ - $ - $ 40,980.36 $ 40,980.36 $ 1,552.63 $ 381,223.02 *Refunds $ 22,505.24 $ 4,041.34 Total 2019 -2020 Collections YTD 83,556,402.59 Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,461,488.76 $ 4,153,832.71 $ 497,337.43 $ 6,112,658.90 Abatements $ (4,478.39) $ (25,949.30) $ - $ (30,427.69) Adjustments $ - $ 926.74 $ 926.74 Total Levy $ 1,457,010.37 $ 4,128,810.15 $ 497,337.43 $ 6,083,157.95 Collections to Date $ 293,791.39 $ 85,879.00 $ 1,552.63 $ 381,223.02 *Refunds $ 22,505.24 $ 4,041.34 $ 506.28 $ 27,052.86 Write -off $ (22,255.68) $ (172,816.01) $ (90,506.27) $ (285,577.96) Outstanding Balance $ 1,163,468.54 $ 3,874,156.48 $ 405,784.81 $ 5,443,409.83 YTD Interest Collected $ 43,286.16 $ 12,725.39 $ 899.27 $ 56,910.82 Total Prior Year Collections YTD 411,080.98 Grand Total All Collections YTD $ 83,967,483.57 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - January 6, 2020 ITEM: 2 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for November 2019 Current Year 2019 -2020 Total 2019 -2020 Collections YTD $ 10,998,363.78 Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Motor Vehicles Combined Combined Scroll /Billed $ 19,338,146.73 $ 1,907,006.94 $ 636,562.70 $ 21,881,716.37 Abatements $ (5,789.76) $ (16,136.33) $ - $ (21,926.09) Adjustments $ 476.69 $ 37,571.32 $ - $ 38,048.01 Total Taxes Charged $ 19,332,833.66 $ 1,928,441.93 $ 636,562.70 $ 21,897,838.29 Collections to Date $ 10,094,419.40 $ 267,381.68 $ 636,562.70 $ 10,998,363.78 *Refunds $ 24.45 $ 23.86 $ (16.24) $ 48.31 Write -off $ (25.51) $ (154.97) 193,833.34 $ $ (180.48) Outstanding Balance $ 9,238,413.20 $ 1,660,929.14 $ - $ 10,899,294.03 Collection Percentage 52.21 13.87 100.00 50.23 YTD Interest Collected $ - $ - $ 4,610.50 Total 2019 -2020 Collections YTD $ 10,998,363.78 Prior Years 2009 -2018 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - January 6, 2020 ITEM: 2 - 2 - 1 $ 44,342.95 Real Estate Personal Property Motor Vehicles Combined Scroll $ 125,470.73 $ 202,521.88 $ $ 327,992.61 Abatements $ (332.95) $ (2,101.18) $ (2,434.13) Adjustments $ 122.29 $ 122.29 Total Levy $ 125,137.78 $ 200,542.99 $ $ 325,680.77 Collections to Date $ 33,743.32 $ 6,999.50 $ $ 40,742.82 *Refunds $ 459.59 $ 306.09 $ $ 765.68 Write -off $ (7.22) $ (16.24) $ $ (23.46) Outstanding Balance $ 91,846.83 $ 193,833.34 $ $ 285,680.17 YTD Interest Collected $ 3,668.66 $ 697.15 1 $ $ 4,365.81 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - January 6, 2020 ITEM: 2 - 2 - 1 $ 44,342.95 New Hanover County Fire District Monthly Collection Report for November 2019 Current Year 2019 -2020 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 8,768,856.40 $ (831.00) $ 5,338.42 $ 1,224,255.89 $ (4,961.09) $ 99.97 $ 368,848.50 $ $ $ 10,361,960.79 (5,792.09) 5,438.39 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 8,773,363.82 5,259,567.76 - (20.10) $ $ $ $ 1,219,394.77 129,012.79 - (110.40) $ $ 368,848.50 368,848.50 $ $ $ $ 10,361,607.09 5,757,429.05 (130.50) Outstanding Balance $ 3,513,775.96 $ 1,090,271.58 $ - $ 4,604,047.54 Collection Percentage 59.95 136.29 10.59 $ 100.00 $ 55.57 YTD Interest Collected $ - $ - $ 3,074.91 $ 3,074.91 $ 74.46 $ 18,834.38 *Refunds $ - $ 236.29 Total 2019 -2020 Collections YTD 5,760,503.96 Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Combined Scroll $ 81,964.20 $ 227,599.09 $ 28,922.46 $ 338,485.75 Abatements $ (626.16) $ (498.48) $ (1,124.64) Adjustments $ 136.29 $ 136.29 Total Levy $ 81,338.04 $ 227,236.90 $ 28,922.46 $ 337,497.40 Collections to Date $ 13,668.54 $ 5,091.38 $ 74.46 $ 18,834.38 *Refunds $ - $ 236.29 $ 236.29 Write -off $ (769.58) $ (8,786.85) $ (4,601.66) $ (14,158.09) Outstanding Balance $ 66,899.92 $ 213,594.96 $ 24,246.34 $ 304,741.22 YTD Interest Collected $ 2,061.04 $ 675.50 $ 58.11 $ 2,794.65 Total Prior Year Collections YTD 21,629.03 Grand Total All Collections YTD $ 5,782,132.99 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - January 6, 2020 ITEM: 2 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2020 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; and Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z18 -16) — Request by College Acres Development, LLC on Behalf of the Property Owner, Bennett Commercial, LLC, to Rezone Approximately 9.14 Acres of Land Located in the 5300 Block of Carolina Beach Road, from R -15, Residential District, and B -2, Highway Business District, to (CZD) RMF -M, Conditional Residential Multi - Family Moderate Density District, in Order to Construct a Townhome Development (This item was continued by staff from the December 2, 2019 agenda due to a notice error) BRIEF SUMMARY: The applicant is proposing to rezone the subject property to a Conditional Residential Multi- Family Moderate Density District (RMF -M) to construct a townhome development consisting of 95 units. This district is one of the eight new districts approved by Board of Commissioners in July 2019. Conditional rezoning applications include conceptual site plans that illustrate the development's features including the location of the proposed buildings, vehicular and parking areas, stormwater facilities, and open space. In addition, conditions of approval can be added to the district with the applicant's agreement. The property is currently zoned R -15 and B -2. The R -15 portion of the site (about 8 acres) would be permitted a maximum of 20 dwelling units under the performance residential standards (2.5 du /ac). The B -2 portion of the site (about 1.1 acres), could be developed with a 12,000 square foot shopping center or comparable business if developed with a typical approximate 25% building footprint. The proposed rezoning would allow for a maximum of 95 units (10.4 du /ac) and would remove the B -2 zoning from the site. Access is provided by Carolina Beach Road (US 421) and by Antoinette Drive (SR 1247). The access to Carolina Beach Road would be limited to a right -in /right -out due to an existing concrete median within the road, while Antoinette Drive connects to Carolina Beach Road at a signalized intersection which permits left turning movements. The proposed 95 townhomes are estimated to generate 45 trips in the AM peak and 57 trips in the PM peak. The applicant must obtain a driveway permit from NCDOT, however, a Traffic Impact Anaylsis (TIA) is not required due the expected trips being less than 100 in the peak hours. NCDOT provided preliminary comments on potential roadway improvements for the project, including an extension of the existing right turn lane on Carolina Beach Road to serve the site. Because the proposed rezoning removes the existing B -2 zoning on the property, the cumulative impact of the change is expected to reduce the number of trips generated from development of the site. The 2016 Comprehensive Plan designates the subject property as Urban Mixed Use and General Board of Commissioners - January 6, 2020 ITEM: 3 Residential. A little more than half of the site is designated as the Urban Mixed Use place type which promotes development of a mix of residential, office, and retail uses at higher densities. The remainder of the site is designated as General Residential which focuses on lower- density housing and associated civic and commercial services. The property is also located within the Monkey Junction Growth Node, an area where the Comprehensive Plan encourages new growth. The proposed townhome development is generally CONSISTENT with the mix of uses envisioned for the Monkey Junction Growth Node and the Comprehensive Plan's intent of providing an orderly transition of uses and densities from higher intensity to lower intensity areas. In addition, it contributes to the range of housing types available in this area. The application was considered by the Planning Board at their October 3, 2019 meeting. At the meeting, three residents spoke in opposition citing concerns with drainage and traffic. The Planning Board recommended approval (5 -1) finding the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would contribute to the mix of uses envisioned for the Monkey Junction Growth Node, will provide an orderly transition of uses and densities, and it will contribute to the range of housing types available in the area. The Board also found APPROVAL& the rezoning request is reasonable and in the public interest because the proposed development will connect to water and sewer services, is accessed by an arterial street, and will include roadway improvements that mitigate the traffic generated by the development. In addition, the Planning Board added the following conditions: 1. A downstream stormwater analysis of the existing infrastructure serving the site shall be conducted. The analysis shall include the ownership of the infrastructure, and the party or parties responsible for its maintenance and improvement. 2. The stormwater pond shall be aerated. 3. The townhomes shall be limited to two stories. 4. The required bufferyard shall be opaque. As conditioned by the Planning Board, the applicant has provided a downstream analysis of the existing stormwater infrastructure serving the site. According to the analysis, the existing drainage system flows west through the subject property to Mott Creek and eventually to the Cape Fear River. The system flows primarily through open ditches, which are privately maintained by the abutting property owners, and is piped under three road crossings. The pipe crossings are under the control of NCDOT, who is responsible for their maintenance. The analysis further notes that the project's post - development runoff can not exceed the pre - development rate during a 25 -year storm event. Since the analysis was provided, the condition is no longer included in the suggested conditions of approval. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the application as stated in the Planning Board's action. Staff concurs with Board of Commissioners - January 6, 2020 ITEM: 3 the Planning Board's statements that the application is consistent with the Comprehensive Plan. Staff suggests the following motion: I move to APPROVE the proposed rezoning to a Conditional Residential Multi - Family Moderate Density zoning district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would contribute to the mix of uses envisioned for the Monkey Junction Growth Node, will provide an orderly transition of uses and densities, and it will contribute to the range of housing types available in the area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed development will connect to water and sewer services, is accessed by an arterial street, and will include roadway improvements that mitigate the traffic generated by the development. In addition, the following conditions shall be added to the approval: 1. The stormwater pond shall be aerated. 2. The townhomes shall be limited to two stories. 3. The required bufferyard shall be opaque. Please note, the first condition added by the Planning Board regarding the downstream stormwater analysis is no longer listed as a condition because the applicant has provided the report which is included in the Board's packet. ATTACHMENTS: Z18 -16 Script BOC Z18 -16 Staff Report BOC Z18 -16 Neighborhood Properties Map Z18 -16 Zoning Map Z18 -16 Future Land Use Map Applicant Materials Z18 -16 Application Package Downstream Stormwater Analysis Proposed Site Plan Cover Sheet Z18 -16 Proposed Concept Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with 3 conditions as recommended by staff. COMMISSIONERS' ACTIONS: Approved with 3 conditions as recommended by staff 5 -0. Board of Commissioners - January 6, 2020 ITEM: 3 SCRIPT for Zoning Map Amendment Application (Z18 -16) Request by College Acres Development, LLC on behalf of the property owner, Bennett Commercial, LLC, to rezone approximately 9.14 acres of land located in the 5300 block of Carolina Beach Road, from R -15, Residential District, and B -2, Highway Business District, to (CZD) RMF -M, Conditional Residential Multi - Family Moderate Density District, in order to construct a townhome development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct He a. b. C. d. e. raring, as follows: Staff presentation Applicant's presentation (up to 15 minutes) Opponent's presentation (up to 15 minutes) Applicant's rebuttal (up to 5 minutes) Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing A. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Staff Suggested Motion I move to APPROVE the proposed rezoning to a Conditional Residential Multi - Family Moderate Density zoning district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would contribute to the mix of uses envisioned for the Monkey Junction Growth Node, will provide an orderly transition of uses and densities, and it will contribute to the range of housing types available in the area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed development will connect to water and sewer services, is accessed by an arterial street, and will include roadway improvements that mitigate the traffic generated by the development. In addition, the following conditions shall be added: 1. The stormwater pond shall be aerated. 2. The townhomes shall be limited to two stories. 3. The required bufferyard shall be opaque. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning of the subject property included in this application to a Conditional Residential Multi - Family Moderate Density district [OPTIONAL: state any agreed upon conditions]. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] STAFF REPORT FOR Z18 -16 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z18 -16 Request: Rezoning to the Residential Multi - Family Moderate Density Zoning District (RMF -M) Applicant: Property Owner(s): College Acres Development, LLC Bennett Commercial Properties, LLC Location: Acreage: 5308 Carolina Beach Road 9.14 PID(s): Comp Plan Place Type: R07600- 006- 044 -000 Urban Mixed Use & General Residential Existing Land Use: Proposed Land Use: Undeveloped /Ice Vending Machine Townhome Development Current Zoning: Proposed Zoning: R -15 & B -2 (CZD) RMF -M �¢� r (CUD) B -2 c� (CUD) O &I Zonin g . ,° �. ��r.r�� 0�50� ! ,(CUDD} R -10 (CZD) B -2 X O R -10 5 Z18 -16 s�, vn� u Aw LA son 0&1 T �� aH c� �+rPARK 'B -2_ C BREW STER U - r�sausr � ��'Nh'ir '" New Hanover County, N 4 hf' SURROUNDING AREA LAND USE ZONING North Single - Family Residential (Marquis Hills), Convenience R -10, B -2 Store (Scotchman) East Undeveloped, Retail Establishments R -15, B -2 South Undeveloped, Single - Family Residential (Brewster R -15, R -10 Place) West Single - Family Residential (Marquis Hills) R -10 Z1 8 -16 Staff Report BOC 1.6.2020 Page 1 of 10 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 1 2 ME E- ;i p .w Z a V�zw s �I �V;i' :S Q`? _,�'� o `.� - ,�dya�,.1 '61A f'`� �O !f� i �]� aft• ;.: ;�' l° t'1�+� ort �t 1 ' 4075 « .y�liiili'!i�noh;9riww ;: uaplw`SLar2i ° vEagiNew ty.Tl u Hanover -Coun C ZONING HISTORY April 7, 1971 Initially zoned R -15 & B -2 (Area 4) COMMUNITY SERVICES Water /Sewer CFPUA water is adjacent to the parcel and is available through main line Historic extension. CFPUA sewer must be extended to serve the parcel. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools College Road Early Childhood Center, Bellamy Elementary, Codington Elementary, Murray Middle, and Ashley High schools Recreation Arrowhead Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources PROPOSED CONCEPTUAL SITE PLAN • The applicant proposes to construct a townhome development consisting of 95 units. The units will contain three bedrooms each. • Under the special use permit high density standards, the subject property could be permitted up to 82 dwelling units on the approximately eight acres of the site (10.2 du/ac) that is currently zoned R -15. The proposed multi - family moderate density zoning would permit up to 155 units on the property at 17 du/ac. Z1 8 -16 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 2 Page 2 of 10 • The proposed rezoning is for a maximum of 95 units (10.4 du /ac). In addition, the proposal would remove the B -2 zoning from the portion of the property along Carolina Beach Road. • The Zoning Ordinance requires opaque buffers to be provided along property lines of attached housing developments that abut detached or duplex residential uses and undeveloped residentially zoned land within the General Residential place type. • In response to concerns presented during the Planning Board's review, the applicant added 26 more parking spaces to accommodate visitors, removed one of the townhome buildings, increased the size of the proposed stormwater pond, and meandered the driveway running through the project. • As conditioned by the Planning Board, the applicant has provided a downstream analysis of the existing stormwater infrastructure serving the site. According to the analysis, the existing drainage system flows west through the subject property to Mott Creek and eventually to the Cape Fear River. The system flows primarily through open ditches, which are privately maintained by the abutting property owners, and is piped under three road crossings. The pipe crossings are under the control of NCDOT, who is responsible for their maintenance. Additional information can be found in the analysis which is included in the Board's packet. Z18 -16 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 3 Page 3 of 10 Existing Zoning Proposed R -15 (approx 8 B -2 (approx 1.1 RMF -M acres) acres) Min Lot Size 15,000 sf None N/A (Conventional) 2.5 du /ac Max Density (Performance) 10.2 du /ac N/A 10.4 du /ac (High Density SUP) Max Dwelling 20 (Performance) Units for 82 (High Density N/A 95 Subject SUP) Property Limited (ex. Variety of retail, Commercial kennels, restaurant, Uses recreation, and office, service, None convenience stores and warehousing W/ SUP) related uses. • In response to concerns presented during the Planning Board's review, the applicant added 26 more parking spaces to accommodate visitors, removed one of the townhome buildings, increased the size of the proposed stormwater pond, and meandered the driveway running through the project. • As conditioned by the Planning Board, the applicant has provided a downstream analysis of the existing stormwater infrastructure serving the site. According to the analysis, the existing drainage system flows west through the subject property to Mott Creek and eventually to the Cape Fear River. The system flows primarily through open ditches, which are privately maintained by the abutting property owners, and is piped under three road crossings. The pipe crossings are under the control of NCDOT, who is responsible for their maintenance. Additional information can be found in the analysis which is included in the Board's packet. Z18 -16 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 3 Page 3 of 10 r � ` '� ry h� u� ° r' � 'B b �. J - �✓ ry Z 1 �`N � �2} � '}off M1 � 1 y L p N 'i Motts Creek , a 2, ryp� l r� Watersheds rh ry Antoinette Dr. #1 l4 /� ♦i !!!h' N' Flows to Cape }TJ - y NCDOT CUkvert L� Subject Parcel 24 u / 5308 Carolina +✓ �' � J N� 42" RCP '�� ;Z Fear River � 6earh Roatl �� % ;, Directions ,. (��y3 lY,IT,j �af> J ��/"�yrh', .�i `�i- 4 rt `�r• _ ~~ 13 16 Antoinette Dr _#2 �p ^� '. Flow NCDOT Culvert tp� - - rector r Normantly Dr- y t+t 1 v � q(! nom• �e liVARMANDYCIQ -' - }5 NCDOT Culvert 3 4'd1! � �ry3 2. l51 40" CMP �. h 23. v 23 , 1 »gam s _ ' ` y a N[PI as 4 ry � a • 8 ?.:. 2 4 25. Existing Drainage System (Applicant's Exhibit) Antoinette Drive Connection - _ - s= ate=- -• n n e.nA,.,',r — — _ _ _ .rs. e i l A7 11 B Carolina Beach Road Matchline — — — — nmezrACri o R� Prr, Antoinette Drive Connection uw aoo D LEI J L — iI li 11 �f��lTftfT A I I R Proposed Conceptual Site Plan Z18 -16 Staff Report BOC 1.6.2020 Page 4 of 10 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 4 TRANSPORTATION • Access is provided to the subject property by Carolina Beach Road (US 421) and by Antoinette Drive (SR 1247). The access to Carolina Beach Road would be limited to a right- in/right -out due to an existing concrete median within the road. The proposed development also connects to Antoinette Drive providing access to Carolina Beach Road at a signalized intersection which permits left turning movements. • The proposed development requires a driveway permit from NCDOT. During the TRC process NCDOT provided preliminary comments on potential roadway improvements for the project, including an extension of the existing right turn lane on Carolina Beach Road to serve the site. • As currently zoned, the R -15 portion of the subject site would be permitted a maximum of 20 dwelling units under the performance residential standards. A detached single - family dwelling typically generates about one trip during the peak hours. • The trips generated from the B -2 portion of the property would vary based on the commercial use of the site. For general reference, if the B -2 portion of the site was developed with a typical approximate 25% building footprint, a 12,000 square foot shopping center or comparable development could be built. Using ITE trip generation figures, that center would generate an estimated 158 trips in the AM peak and 1 13 trips in the PM peak. • As a result, the cumulative impact of the proposed rezoning is expected to reduce the number of trips generated from development of the site. Specifically, 95 townhomes are estimated to generate 45 trips in the AM peak hours and 57 trips in the PM peak hours. • The applicant must obtain a driveway permit from NCDOT, however, a Traffic Impact Analysis (TIA) is not required due to the expected trips being less than 100 in the peak hours. Because a TIA was not required to analyze intersection impacts, staff has provided the volume to capacity ratio for Carolina Beach Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through an intersection is generally considered a more effective measure when determining the Level of Service of a roadway. The volume to capacity ratio indicates capacity currently exists in this area and the proposed development is expected to reduce trip generation. Traffic Counts — Auaust 2018 Road Location Volume Capacity V/C Carolina Beach Road 5300 Block 39,541 40,900 0.97 Z18 -16 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 5 Page 5 of 10 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Under Review Under Draft I City of Wilmington Wave Bus Stop 10 ;< 0 0.25 f ��, �l..r�hll�liir!1f1I1"K� j 0 iv vq LCFy Ij wE��FF' G,tTE POST 0 AqP,�� `q 7: 0 w ,,aJ +�qq Z18 -16 Kaylies Cove TIA Approved m ST1P Project a U -5790 LEVIS U LBdAl.61'lN Tarin Woods II TIA Approved Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. • Reviews of TIAs are managed by the WMPO to ensure that roadway improvements are coordinated between multiple projects. Z1 8 -16 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 6 Page 6 of 10 Proposed Land Use /Intensity TIA Status Development 1. Tarin Woods II • 339 Single - Family Dwelling • Approved October 31, 2018 Units & 192 Apartment Units The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a northbound leftover/U-turn lane on Carolina Beach Road at the new Harris Teeter driveway • Installation of a second westbound right turn lane on Manassas Drive at Carolina Beach Road; and signal modifications at this intersection. Nearby Proposed Developments included within the TIA: • River Lights • Beau Rivage Commercial Update Development Status: 103 single - family lots have been platted and homes are currently being built. The infrastructure for 85 additional lots is also currently under construction. Regional Transportation Plans: STIP Project U -5790 Proposal that will convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection and widen a portion of Carolina Beach Road south of that intersection. Continuous flow intersections permit more efficient travel movements and help alleviate congestion by allowing more of the main street's traffic to move through the intersection. Construction of the project is expected to begin in 2024. Z18 -16 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 7 Page 7 of 10 • Approved February 20, 2. Kaylies Cove • 1 10 Single - Family Homes 2018 • 2019 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a eastbound right turn lane and westbound left turn lane on Piner Road at the site's access. Nearby Proposed Developments included within the TIA: • None Development Status: 79 lots have been platted and the remainder of the development is under construction. The right turn lane has been constructed. Regional Transportation Plans: STIP Project U -5790 Proposal that will convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection and widen a portion of Carolina Beach Road south of that intersection. Continuous flow intersections permit more efficient travel movements and help alleviate congestion by allowing more of the main street's traffic to move through the intersection. Construction of the project is expected to begin in 2024. Z18 -16 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 7 Page 7 of 10 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • No wetlands will be impacted by the site's development. • The property is within the Motts Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable /slight limitation), Class II (moderate limitation), and Class III (severe limitation) soils. However, the development will be served by public water and sewer. 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Place Types ��G,�� ♦ luf #, ��. ® >LIN r.., oaurmr �� ti BAN MIXED �ENERAL•RESIDENTIAL 5 c 8 �w "srFk w nfffUN vntiuE �_ j:� N H� n � uer Cho °u• "nty fV�`, Urban Mixed Use and General Residential Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately Future Land Use developed with the characteristics of either or both place types, allowing Map Place Type site - specific features and evolving development patterns in the surrounding area to be considered. The property is also located within the Monkey Junction Growth Node, an area where the Comprehensive Plan encourages new growth. Z18 -16 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 8 Page 8 of 10 Place Type Description Urban Mixed Use: promotes development of a mix of uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single - family, and multi - family residential. General Residential: focuses on lower- density housing and associated civic and commercial services. Types of uses include single - family residential, low - density multi - family residential, light commercial, civic, and recreational. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. The proposed townhome development is located between existing lower density residential neighborhoods and the Carolina Beach Road commercial corridor, which is envisioned for the most intensive place type, Urban Mixed Use. This type of residential use is identified as appropriate in both place types. In general, the Comprehensive Plan designates areas along roadways for Analysis higher residential densities and a mix of uses and those near existing neighborhoods as General Residential in order to allow for an orderly transition of densities and intensities. The overall project density of 10.4 dwelling units per acre is considered moderate according to the range of densities outlined in the Comprehensive Plan. The design of this project locates the majority of the project's density in the Urban Mixed Use area and provides an appropriate transition between the existing lower density neighborhoods and the more intensive uses along Carolina Beach Rd. The proposed townhome development is generally CONSISTENT with the Consistency density and mix of uses envisioned for the Monkey Junction Growth Node Recommendation and the Comprehensive Plan's intent of providing an orderly transition of uses and densities from higher intensity to lower intensity areas. In addition, it contributes to the range of housing types available in this area. PLANNING BOARD ACTION The application was considered by the Planning Board at their October 3, 2019 meeting. At the meeting, three residents spoke in opposition citing concerns with drainage and traffic. The Planning Board recommended approval (5 -1 ) finding the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would contribute to the mix of uses envisioned for the Monkey Junction Growth Node, will provide an orderly transition of uses and densities, and it will contribute to the range of housing types available in the area. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposed development will connect to water and sewer services, is accessed by an arterial street, and will include roadway improvements that mitigate the traffic generated by the development. In addition, the Planning Board added the following conditions: Z18 -16 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 9 Page 9 of 10 1. A downstream stormwater analysis of the existing infrastructure serving the site shall be conducted. The analysis shall include the ownership of the infrastructure, and the party or parties responsible for its maintenance and improvement. 2. The stormwater pond shall be aerated. 3. The townhomes shall be limited to two stories. 4. The required bufferyard shall be opaque. As required in the first condition, the applicant has provided a downstream stormwater analysis which is included in the Board's packet. Therefore, the condition is no longer included in the suggested conditions of approval. STAFF RECOMMENDATION Staff recommends approval of the application as stated in the Planning Board's action. Staff concurs with the Planning Boards statements that the application is consistent with the Comprehensive Plan. Z18 -16 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 3 - 2 - 10 Page 10 of 10 Case: Z18 -16 TE 3� ! x301 307 ! 31\ 0- - �© 5301 /a'` A �4 ! 30/5 17W 5305 Site Address: 5300 block Carolina Beach Rd Existing Zoning /Use: B -2 & R -15/ Undeveloped / 71P 0 5253 9r ,p 5 O 5232 ! 5302 B 20 5220 ! ��f 15302A Proposed Use/Zoning: RFM -M/ Townhomes 5226 5226 5226 10 8 6B J 5226 9 `0 001 5226 522 /7 6 5 53094 00 00 5309 1 53093 530912 26 25 53`0,6 0 30 29 5308 53 5222 102 ,/ 'x 033 531 , 531 ! �O ! 106f 1 010 37 5310 D 53100 10�z 105 5318 1180 1.14 109 5330 A 2000128 11 7/0113 5550'5550 0 217 0 0 43 555042 221 ! 202 122 ! 121 5322 ! 5550 45 ! 000,55 41 a 0 206 ! 0 201Y % 555047& 5550 30 ! 229 210 ! ^05 /55501 Y �209 5550 50. ,424 5550 29 #5550 30 23»71 233 21 : 2114 - 555 L52 0'5550 23 5550'31 3 222 ! 555053 5550 0 5550 21 ! 5550 32 14 226 221-- 215 5550 54 55 5550 20 r 0 5550 190 5550 36 * / 5556560 5550•* 5550 0 5x50 17_ )8 ! 230 ! 225 r • 0 0 302 / 5550 580 05550 7e 8 5550 13 180 5550 16 ! 233�} /229 ,555 59 5550,113050 45 0 0 ! 55501 X301/40 / /,,5550 5550127 4 1 ! 237 55045601 5550 -'r • 55503 90�0 A 55501132 ! 5550 33 #901 K� (135550 5550 136 705 711 713 0 }55 08 .1 _LN 135 �� X7070 X709 1105 719 723 5512 - - 0 -7044 708 - 714''717 721 805 7a! 702 706 -T1 0712 i /18� 800-802 ! 811 1 716 1! / `. 701 703 0 ! ��i1 713 720 804 A' 808! 813 ll� CN TIsBLIEZY_LN 707 709 L1110f�19 803 806 � � 7157 -17 0!. 805 STS!?` a 1,000 0 8 07 Feet B ar m ' i ners - ary 2B 5 Z18 -16 �,�,�,••• 5226 1 ?'q�•• ��,' y? O A� MFR Ri 4 L w U w O _J fob 1 � i Subject Site Case: Site Address: Z18 -16 5300 block Carolina Beach Rd D R -,10 r` >: Existing Zoning /Use: B -2 & R -15/ Undeveloped CUD R -10 1,000 M Feet L-- �J t U 1 -- i / UWA Im Proposed Use/Zoning: RFM -M/ Townhomes 1 o &I P0 Subject Site CUD 0 &1 Water Sewer Zoning Districts A -1 EDZD M PD R -20S SC AR 1 -1 R -10 R -7 B -1 M 1 -2 R -15 RA B -2 0&1 R -20 ■ RFMU Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) C 07 See Section 55.1 of the Zoning Ordinance ❑ incorporated Areas = SHOD Case: Site Address: Z18 -16 5300 block Carolina Beach Rd r "LfA EN E R A r P RESIDENTIAL c = m--gREVVSTER•LN o. 5g� fV `RYfL-� 1,000 Feet Existing Zoning /Use: B -2 & R -15/ Undeveloped Proposed Use/Zoning: RFM -M/ Townhomes Subject Site Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION APPLICANT MATERIALS Board of Commissioners - January 6, 2020 ITEM: 3 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (910) 798 -705 planningdevelopment.nhcg ov.com CONDITIONAL ZONING DISTRICT Application REVIEW PROCESS Step 1: Pre - Application Conference (Optional) In order to assist applicants through the conditional rezoning process, applicants are highly encouraged to contact staff to schedule a pre - application conference prior to application submittal. Applicants are requested to review the sections of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments, and conditional zoning districts: • Section 55.3: Conditional Zoning District • Section 110: Amending the Ordinance • Section 1 11: Petition • Section 112: Approval Process Step 2: Community Meeting Prior to application, at least one community information meeting must be held, and a report summarizing the community information meeting is required as part of the application. The primary purpose of the community meeting is to explain the upcoming proposal and field questions from people in the surrounding area. The meeting should focus on information exchange between an applicant and the specific invitees but should be open to the general public as well. The community meeting shall comply with the following procedures: • Notification • Mailed Notice ■ The applicant must provide written notice by mail or other agreed upon measure at least ten days prior to the date of the community meeting. Notice shall be provided to each owner of record of land and any current tenants within 500 feet of and on the property for which development approvals are sought. • E- Mailed Notice ■ The applicant must provide the Department of Planning & Land Use with a completed community notice template in a digital format at least twelve days prior to the date of the community meeting. The notice will be provided to organizations entitled to notice based on a standing written request on file with the Clerk to the Planning Board ( "Sunshine List "). Written Summary The written summary of the community meeting included in the application must include, at a minimum the following: 1. A list of those that were not able to be contacted and reason(s) why contact was not successful; 2. Date, time and location of the meeting; 3. Roster of the persons in attendance at the meeting; A. Summary of issues discussed at the meeting; and 5. Description of any changes or adjustments to the application made by the petitioner as a result of the community meeting. Board of Commissioners - January 6, 2020 Page 1 of 7 ITEM: 3 - 7 - Conditional Zoning District Application — Updated 5/2017 Step 3: Application Submittal Applications must be received by the Department of Planning & Land Use by 5:00 PM on the application deadline date. A complete application consists of the items detailed in the submittal checklist provided in this application. A schedule of application deadlines is available at planningdevelopment.nhcaov.com or in the Department of Planning & Land Use office. Step 4: Staff Review and Recommendation Upon receiving a completed application, staff may distribute it to certain departments and agencies for review. County Planning staff will review the application, prepare a staff report, and provide a recommendation on the application. Staff may propose additional conditions and requirements beyond those listed in the petition /application. Step 5: Planning Board Review and Recommendation The New Hanover County Planning Board will consider the application at a public hearing. The Department of Planning & Land Use will notify the public of this hearing in accordance with standards of the Zoning Ordinance. This includes sending mailed notice to nearby residents, posting a sign on the subject property, and advertising the hearing in a local newspaper. The public hearing will allow staff, the applicant, proponents and opponents to testify in regards to the request. The Planning Board will make a recommendation to the County Commissioners.A recommendation for denial ends consideration of the proposed zoning amendment unless the recommendation is appealed. A recommendation for approval is automatically forwarded to the County Commissioners for action. The Planning Board may propose additional conditions and requirements beyond those listed in the petition /application. Step 6: Board of Commissioners Review and Action The New Hanover County Board of Commissioners will consider the application at a public hearing. The Department of Planning & Land Use will notify the public of this hearing in accordance with standards of the Zoning Ordinance. This includes sending mailed notice to nearby residents, posting a sign on the subject property, and advertising the hearing in a local newspaper. At the public hearing, the New Hanover County Board of Commissioners will consider the application along with the Planning Board's and staff's recommendation. Prior to adopting or rejecting any zoning amendment, the Commissioners shall adopt a statement describing whether or not the amendment is consistent with the County's Policies for Growth and Development and explaining why the Commissioners consider the action taken as reasonable and in the public interest. The Commissioners may propose additional conditions or requirements beyond those contained in the petition /application. • The applicant should keep this section of the application for reference. It is not required to be included in the completed application that is submitted to the County. Board of Commissioners - January 6, 2020 Page 2 of 7 ITEM: 3 - 7 - 2Conditional Zoning District Application — Updated 5/2017 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (910) 798 -7053 planningdevelopment.nhcg ov.com CONDITIONAL ZONING DISTRICT Application � fC r li m Applicant /Agent Information Property Owner(s) If different than Applicant /Agent Name Owner Name David Despain Bennett Commercial Prop, LLC. Company Owner Name 2 College Acres Development, LLC. Address Address 4702 Oleander Drive 6601 Myrtle Grove Rd City, State, Zip City, State, Zip Myrtle Beach, SC 29557 Wilmington, NC 28409 Phone Phone Email Email Subject Property Information Address /Location 5308 Carolina Beach Road Parcel Identification Number(s) R07600- 006 - 044 -000 Total Parcel(s) Acreage 9.14 acres Existing Zoning and Use(s) R -1 5,6 -2 Future Land Use Classification Urban Mixed /General Residential Application Tracking Information (Staff Only) Case Number Date/Time received: Received by: Board of Commissioners - January 6, 2020 Page 3 of 7 ITEM: 3 - 7 - 3conditional Zoning District Application — Updated 5/2017 Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: RMF -M (CZD) Total Acreage of Proposed District: 9.14 Only uses allowed by right in the corresponding General Use Districtare eligible for consideration within a Conditional Zoning District. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (please provide additional pages if needed). See attached "Additional Information" sheet. Proposed Condition(s) Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding General Use District regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. No additional conditions requested at this time. Board of Commissioners - January 6, 2020 Page 4 of 7 ITEM: 3 - 7 - "Conditional Zoning District Application — Updated 5/2017 Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Transportation Engineers (ITE) Trip Generation Manual. ATraffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Townhomes Trip Generation Use and Variable (gross floor area, dwelling units, etc.): 230 (See Chart on Site Plan) AM Peak Hour Trips: 51 PM Peak Hour Trips: 72 CONSIDERATION OF A CONDITIONAL ZONING DISTRICT The Conditional Zoning District procedure is established to address situations where a particular land use would be consistentwith the New Hanover County Land Use Plan and the Zoning Ordinance objective and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of very dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community -at- large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Use Zoning District meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development? (For example: the Comprehensive Plan and applicable small area plans) See attached. 2. How would the requested Conditional Zoning District be consistent with the property's classification on the Future Land Use Map located within the Comprehensive Plan? See attached. 3. What significant neighborhood changeshave occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? See attached. Board of Commissioners - January 6, 2020 Page 5 of 7 ITEM: 3 - 7 - -Conditional Zoning District Application — Updated 5/2017 APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial ". If an item is not applicable, mark as "N /A'. Applications must be complete in order to process for further review. Required Information Applicant Staff Initial Initial 1 Complete Conditional Zoning District application. 2 Application fee — ($600 for 5 acres or less, $700 for more than 5 acres. An additional $300 fee must be provided for applications requiring TRC review). 3 Community meeting written summary. 4 Traffic impact analysis (for uses that generate more than 100 peak hour trips). N/A 5 Legal description (by metes and bounds) or recorded survey Map Book and Page reference of the property requested for rezoning. 6 Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads. • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage. • The one hundred (100) year floodplain line, if applicable. • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance. • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change Ref. Article VII as applicable). 7 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard copies may be required by staff depending on the size of the document site plan. 8 1 PDF digital copy of ALL documents AND plans. Board of Commissioners - January 6, 2020 Page 6 of 7 ITEM: 3 - 7 - conditional Zoning District Application — Updated 52017 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Zoning District zoning for which is being applied. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application. ZY29t" 'e—'- A�� 7�/ Signature of Property pr(s) Pr of Na(ne(s) David Despoin Signature of Applica ent Print Name NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover-County Planning website will be required. Board of Commissioners - January 6, 2020 Page 7 of 7 ITEM: 3 - 7 - 7Conditional Zoning District Application — Updated 5/2017 Conditional Zoning District Application Supplemental information for 5308 Carolina Beach Road Tract Date: August 7, 2019 Proposed Zoning Use & Narrative: Only uses allowed by right in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (please provide additional pages if needed). The proposed development, located off of Carolina Beach Road near the Carolina Beach Rd /College Rd. intersection, is 9.14 acres currently zoned R -15 and B -2. The proposed zoning is RMF -M (Residential Multi- family Moderate Density). This RMF -M designation is fitting of the County's Future Land Use Plan designation of Urban Mixed Use applicable to the front half of the site and the General Residential designation applicable to the rear of the property. By allowing a denser residential use on the site, it allows the applicant to make better use of a long and skinny piece of property. The RMF -M dirstrict affords the opportunity to create a cohesive development of 95 townhomes in one of the main hubs in the middle /southern part of the county. The narrow shape of the parcel limits much the size and shape of the lots of a traditional single family development as allowed in R -15. Also, the land is oddly shaped for the B -2 portion of the land and lacks the road frontage that typically makes business /office uses associated with B -2 development successful. The RMF -M option allows the applicant to make a better use of the land. College Acres Development, LLC proposes a townhome community, and this allows units to line the main road through the development. The shallower and narrower attached residential product affords the site a greater amount of opens space and undisturbed buffer areas. This design also allows room to meet the County's required road connection to adjacent road stub outs. The applicant brings this project to the County as a good land use compatible with the surrounding properties and furthering many of the goals of the County. Consideration of a Conditional Zoning District Supplemental Information: 1. How would the requested change be consistent with the County's policies for growth and development? The County promotes growth and varied housing products. This is an infill project in a primarily commercial corridor of Carolina Beach Road. The project offers a townhome community large enough to offer a housing choice to folks looking for a smaller home with less maintenance. The proximity to shopping, dining, and entertainment makes the location of this parcel desirable and the townhome product is appropriate to vary housing products. 2. How would the requested Conditional Zoning District be consistent with the property's classification on the Future Land Use Map located within the Comprehensive Plan? The site is split on the County's Future Land Use Map. The front portion of the property is designated Urban Mixed Use. The rear is the General Residential. This proposed project is residential, and, therefore compliant with the General Residential Section. The townhomes are a denser housing product type that will transition nicely to the primarily commercial corridor along Carolina Beach Road; therefore, making the project consistent with the Urban Mixed Use designation. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate or how is the land involved unsuitable for the uses permitted under the existing zoning? While there is an older residential community adjacent to the subject parcel, the majority of the area is developed as commercial or mobile homes. Obviously, the commercial portions of development front along the busy Carolina Beach Road Corridor. This commercial section is roughly 300' -500' deep and then land behind the properties is either undeveloped or small, ranch -style homes or mobile homes. The commercial properties as a front door to this subject parcel certainly set it up to be a transition Board of Commissioners - January 6, 2020 ITEM: 3 - 7 - 8 development of higher density before backing down to some of the residential developments nearby. The proposed townhome use is more in line with the busy commercial node in this portion of the county whereas, a large single family home in an R -15 neighborhood is less expected or desirable in the back of a shopping center. Board of Commissioners - January 6, 2020 ITEM: 3 - 7 - 9 PARAMOUNTE E N G I N E E K I N G, 1 N C. Community Meeting Summary Project: Carolina Beach Rd Tract Project No.: 18327.PE Meeting Date: September 4, 2018 Place: Best Western Plus, 5600 Carolina Beach Rd Attendees: Robert Jackson, American Homesmith, Presenter George Johnson, Developer David Despain, Developer Clay Matthews & Tim Clinkscales, Paramounte Engineering See attachment (sign -up sheet) A community meeting was held at the Best Western Plus located at 5600 Carolina Beach Rd. on September 4, 2018 at 6:00 pm to discuss the proposed Conditional Use District of the subject property on Carolina Beach Rd. ( +/- 9.14 ac) from B -2 and R -1S to R10 Conditional Use District. The following is a listing of comments made during the meeting: • Is housing subsidized • Rental units— these are for sale • Bar owner - issue with townhomes beside the fence • Need an elevation for planning board & buffer— neighborhood next door • Traffic issues • Raises property values • NCDOT Antoinette Drive • Can community have an input on things • Traffic, site • Accidents on weekly bases • How many units —100 • Brewster have buffer • Define buffer — Clay did such • Stormwater / water quality • Buffer • Housing types • Privacy in backyards • Existing ditch • Unit size • Fence option at Scotchman 1 2 2 C i N E M A D R I V E , W I L M I N G T❑ N, N C 2 B 4 3 P H : ( 9 1 ❑) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑) 79 1 - 6 7 6 ❑ Board of Commissioners - January 6, 2020 ITEM: 3 - 7 - 10 PARAMOUNTE E N G i N E E R I N G, I N C. This summary represents the writer's understanding of the public meeting. Any correction and /or clarifications should be directed to the writer's attention within three days of receipt of these meeting minutes. Written by: Clay Matthews cc: New Hanover County Development Services, file 1 2 2 C I N E M A ❑ R I V E, W I L M I N G T N, N C 2 6 4 3 P H : ( 9 1 ❑ ) 7 9 1 - 6 7 ❑ 7 F A X : ( 9 1 ❑ ) 7 9 1 - 6 7 6 0 Board of Commissioners - January 6, 2020 ITEM: 3 - 7 - 11 PARAMOUNTE E N G I N E E R I N G I N C Carolina Beach Tract New Hanover County, North Carolina September 6, 2018 18327.PE Being a portion of the certain tract or parcel of land described as tract 1 in deed book 2793, page 721 as recorded in the New Hanover County Register of Deeds. Said parcel being further described as a portion of the northern 166 '/2 feet of farm no. 4 of Home Farms road as recorded in map book 1, page 9. Being further described as follows: Beginning at an iron road found on the southwestern margin of Carolina Beach Road (U.S. Highway 421) being a 100 foot wide public right of way. Said iron being South 38 °22'46" East a distance of 190.15 feet from an existing iron rod at the intersection of the southeastern margin of Antoinette Drive and said Carolina Beach Road. Thence with the margin of Carolina Beach Road South 35 °39'25" East a distance of 165.95 feet to an iron pipe found; Thence with the northwestern boundary of lots shown in map book 52, page 262 South 50 °08'26" West a distance of 2,347.29 feet to an iron road set on the southern boundary of farm no. 4 as shown on map book 1, page 9; Thence with lots 26, 25, and 24 North 72 °21'16" West a distance of 196.22 feet to an iron pipe found being South 72 °21'16" East a distance of 134.27 feet from an existing concrete monument; Thence with southern boundary of Marquis Hills subdivision North 50 °08'26" East a distance of 2,464.87 feet to the point of beginning. Containing 398, 206 square feet or 9.14 acres more or less. R0� a gFAL • Z cS'J su tllkc O. 1 2 2 C I N E M A DR I V E, W I L M I N 0 T ❑ N, N C 2 8 4 ❑ 3 P H ( 9 ' ❑) 7 9 i 'B o7ard of y Commissioners ibnUa' y 692026 I 7 9 ' - 6 7 6 ❑ ITEM: 3 -7-12 rAA, ivAn* O-V ?71.� I r�G lltg1 oC a N-1 Board of Commissioners - January 6, 2020 ITEM: 3 -7-13 Narrative for Drainage System Review Downstream of a Townhome Project Proposed at 5308 Carolina Beach Road The project proposes to develop ninety -five (95) townhome units with associated parking and other improvements. An existing drainage system flows through the tract from the Southeast and into the Marquis Hills neighborhood. This area is within the Motts Creek watershed which flows into the Cape Fear River. The attached map shows the project location and a general routing of the drainage downstream of it. The system flows primarily in open ditches, but is piped under any road crossings. Those pipe crossings are under the control of NC Department of Transportation, and it is their responsibility to maintain them. Issues of blockage are normally identified by registered complaints, and work orders are created for remedying the problem. Maintenance of the open ditches that run over the privately -owned property are currently the responsibility of those individual owners, as defined on the NHCo Stormwater flyer. The following pictures show the varying condition of the ditches along the reviewed system. Good maintenance of the ditches translates into better flow and greater capacity during heavy rain events. New Hanover County is regulated by a Stormwater Ordinance. Sec. 23 -284. - Purpose. The purpose of this article is to protect and promote the public health, safety and general welfare, and to safeguard the natural and manmade resources of the county by regulating stormwater runoff. This purpose is accomplished by imposing conditions and requirements upon existing and proposed development activities, and by establishing procedures by which these requirements and conditions are to be administered and enforced. Any current development project must be designed and permitted prior to construction release, and meet specific criteria. Sec. 23 -343. - New development. It is the policy of the county that all land within the unincorporated areas of the county to be developed, shall have sufficient stormwater management controls to provide adequate protection of life, property and natural resources. To this end, as a minimum, all land disturbing activity subject to this article, shall provide sufficient management of post - development runoff from the two -year, ten -year and 25 -year frequency storms such that the discharge rates of post - development stormwater runoff do not exceed the pre - development rates. Development of the proposed project will include a stormwater management pond that will be designed and built to all regulations. Continued maintenance of the pond will initially be the responsibility of the developer, and then will be turned over to a Homeowners' Association at the completion of the project. 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LPO"'A 400" lit a-4-2-1 A f cn.. I a yr 670 6am JULM C FS R 71" CLY U t^43 AdzL HAOft I N co 4 -Now vqmww A VAZNW &,,,Ppr A4L.L.- STREET RICoHT OF M&Y5 G04 d# VIC)TH UMLF.,S5 07PERV/95E: 2e EEC.? rim -1 1 1-1 �_. - . I HES I Board of Commissioners - January 6, 2020 ITEM: 3 - 8 - 3 Ntre� � � ERIN M DD raha e Easements New Hanover County 0V)NTY'ti G } p 1A O n 0V_;F_10't2111F0 7 LIS!r PROPERTY OWNER RESPONSIBILITY FOR STORM WATER CONVEYANCE. It shall be the responsibility of individual property owners of developed or undevel- oped land within the unincorporated areas of the county, to maintain stormwater con- veyance facilities, such as waterways, streams, creeks, ditches, swales, channels, canals, conduits and culverts, and stormwater control facilities, such as ponds and lakes within their property. Where conditions of existing stormwater facilities are determined to be deficient and a public nuisance, and the property owner fails to correct the deficiencies after being notified by the county, the county may arrange for the deficiencies to be cor- rected and recover all costs thereto from the property owner. Owner/ Developer/ Home Builder shall not: • Construct fences, buildings, structures, electrical boxes, light poles, HVAC units, etc. within a drainage easement. • Plant trees, bushes, or other permanent plantings within a drainage easement. Impede or obstruct the flow of stormwater runoff through a stream, channel, swale, pipe, sheet flow, etc. Restriction on Owner/ Developer's Use of Utility Easements. Owner/ Developer shall not erect buildings, structures, trees, fences, berms or ponds within the utility easement. Owner/ Developer shall grant no additional utility ease- ments on, over, or within the easement without first securing the written authorization of the New Hanover County Engineering Department. ALL ENCROACHMENTS & OBSTRUCTIONS MUST BE REMOVED If have any questions or are aware of any encroachments or obstructions into ease- ments or drainage ways, please contact the New Hanover County Engineering: Jerry May Tim Lowe, PE Drainage Specialist or Chief Project Engineer (910) 798 — 7129 (910) 798 - 7072 Board of Commissioners - January 6, 2020 ITEM: 3 - 8 - 4 Antoinette Dr. Crossing #1 (View Northwest) Board of Commissioners - January 6, 2020 ITEM: 3 - 8 - 5 ITEM: 3 - 8 - 6 Proj6ct # 7:,,.Monk M t r-e'e"k' Jun ction.. F loo'dway qWmq IWO Legend A Residential Properties w/ Flood Damage HMGP Projects NRCSAEWP Projects Ak Ah* Ai 4�7 E7 R I wjw IMF, _4 7W :7 01 PROPOSED SITE PLAN Board of Commissioners - January 6, 2020 ITEM: 3 - 9 - 1 n C 9,A ol�� F�Oy �O 0 W J 0 U P� � 1 r U w co i z Ir U VICINITY MAP SCALE: 1" = 1,000' a D NORTH EXISTING SITE DATA PROJECT ADDRESS: PARCEL ID: TOTAL TRACT AREA: ZONING DISTRICT: PROPOSED ZONING: LAND CLASSIFICATION: OWNER INFORMATION: DEVELOPMENT DATA RMF -M DENSITY: ALLOWABLE UNITS ±9.14 AC x 17 PROVIDED UNITS PROVIDED DENSITY 95 UNITS 19.14 AC OPEN SPACE REQUIRED 0.03 Ac/ Unit OPEN SPACE PROVIDED* *EXCLUDES POND SURFACE BUILDING HEIGHT (19) 2 -STORY BUILDINGS TOTAL TOWNHOME BEDROOMS (95) 3 -BR 5308 CAROLINA BEACH RD. R07600- 006 - 044 -000 ± 9.14 AC R -15, B -2 RMF -M (CZD) URBAN & GENERAL RES. BENNETT COMMERCIAL PROP, LLC 6601 MYRTLE GROVE RD. WILMINGTON, NC 28409 17 UNITS/AC 155.4 UNITS 95 UNITS 10.39 UNITS /AC 2.85 AC MIN. ± 3.89 AC 35' 285 REQUIRED PARKING SPACES 190 SITE INVENTORY NOTES 95 units @ 2 spaces /unit 1. Soils Type: Kr (Kureb sand), Se (Seagate fine sand), Le (Leon sand) & Ly PAR #R07609 - 006 - 001 -OC SASSER DON W REVOCABLE TR (Lynn Haven fine sand) PROVIDED PARKING SPACES 216 2• This property is not impacted by any AEC. DUNN RICHARD A 3. This site is not impacted by any recognized historic or archeological HC Spaces Provided 6 Call uefom- unn din significance. 151 -200 spaces - 4. No cemeteries were evidenced on the site. 6 spaces required 5. There is no evidence of jurisdictional wetlands within the proposed PAR #R07606 - 002 - 002 -00 DB 5131, PG 199 development area. PAR #R07609 - 006 - 001 000 DUNN RICHARD A 6. There is no evidence of endangered species or habitat issues on the site. IMPERVIOUS SURFACES 7. No portion of this property is within a Special Flood Hazard Area as ROOFTOPS 76,000 SF evidenced on N.C. Flood Map 3720313400J, dated April 3, 2006. PAVEMENT 103,588 SF SIDEWALKS 11,686 SF DEVELOPMENT NOTES STANLEY ALEX T 191,274 SF 1. All development shall be in accordance with the New Hanover County LRICH PAMELA L I Zoning Ordinance. STEPHEN B II 2. Project shall comply with all Federal, State & New Hanover County o 0 DB 5556, PG regulations. ETAL 3. No public R.O.W proposed. All roads/ drives to be private and maintained B 5829, PG 1260 by H.O.A. JANET L \ 4. H.O.A. to maintain all open space, buffer areas, stormwater management 1316ZONED -R -10- I elements and parking facilities. DB 6122, PG 1198 I TRAFFIC AND PARKING PLAN DB 4332, PG 976 I 1. All traffic will enter and exit through either road connection located on FRANKLIN I DB 1911, 315 Carolina Beach Rd or the stub connection to Antoinette Dr. Connection to W W L either street is subject to NCDOT approval. Improvements will likely be DISTRICT ZONED -R -10- RESIDENTIAL DISTRICT required for the Carolina Beach Rd. entrance as a right -in/ right -out only ZONED -R -10- RESIDENTIAL DISTRICT entrance. There is currently a lighted intersection where Antoinette Dr. and DB 5602, PG 1180 ZONED- 10- RE�S-IIDENTIAL DISTR ZONED -R -10- RESIDENTIAL ES _,9 _DISTRICT / Carolina Beach Rd. meet. 2. All parking to be handled through a HOA owned/ maintained parking facility w W to meet the parking standards set forth in the New Hanover County Zoning ILL Ordinance. 3. The proposed unit count does not trigger a TIA based on county U requirements VARIES 0. TRAVELWAY PARKING STALL 5, LEGEND SLOPE 1/4" PER FT 1/4" PER FT 1.80% SLOPE rSLOPE F-- —� — W W- 2 " -S9.5B SURFACE SIDEWALK 6 "- ABC BASE 5' WIDTH - SEE PLAN SS 24" CURB & GUTTER 6" STONE FOR LOCATION UNDER CURBING PAVING NOTE: ALL PAVING THICKNESS WILL BE DETERMINED BASED ON SOILS DATA. NO TESTING HAS BEEN COMPLETED AT THIS TIME, SO A MINIMUM PAVING SECTION HAS BEEN PROVIDED AND WILL BE FURTHER EVALUATED WITH THE AVAILABILITY OF SOILS DATA. TYPICAL TOWNHOME DRIVE WITH PARKING CROSS SECTION NOT TO SCALE PLANNING BOARD CONDITIONS 1. A downstream stormwater analysis of the existing infrastructure serving the site shall be conducted. the analysis shall include the ownership of the infrastructure, and the party or parties responsible for its maintenance and improvement. 2. The stormwater pond shall be aerated. 3. The townhomes shall be limited to two stories. 4. The required bufferyard shall be opaque. i STUB CONNECTION TO ADJACENT W /A , PROPERTY; TO UTILIZE EXISTING R.O.W STUB TO ANTOINETTE DRIVE OPEN SPACE; 1.61 AC / PAR #R07606 - 002 - 001 -000 MULLEN PATRICK SS ss I SS ANTOINETTE DRIVE SS SS SS S� (5) UNIT, 2 STORY TOWNHOME BUILDING, TYP.; — / J DONNA MARIE 3 BEDS MAX. PER UNIT / DB 1519, PG 820 60 RI (PUBLIC) — — — — F_ — — — W / ZONED - DISTRICT SI ENTIAL —W -W W W MP 11, PG 42 w w W w w W w w w w w w w w WSW- \ • III � \ PAR #R07609 - 007 -001 ( SASSER DON W REVOCABLE TR ETAL DB 5131, PG 199 ZONED- R- 10- RESIDEN I DISTRICT I BLDG 6 ��1,. kCES I wI z J U QI TRIP GENERATION CALCULATIONS - PRELIMINARY Use: Residential Townhome Land Use Code 230 Number of Dwelling Units 95 Weekday: Ln(T)= 0.85Ln(X) +2.55 T = 641 Avg.VTE Weekday Peak AM: Ln(T)= 0.85Ln(X) +2.55 T = 51 Avg.VTE Weekday Peak PM: T= 0.34(x) + 38.31 T = 72 Avg.VTE nar n nmml _qslnnar-, - . anuary h 0 // SS W W wow YL PAR #R07600 - 006 - 045 -000 RI CS5 LLC DB 5305, PG 1058 ZONED -B -2- BUSINESS DISTRICT - - _ — Nix 'W 1 \ EN QE FE 2 BUILDING SET�CK") JI- BLDG 7 BLDG 12 BLDG 13 BLDG 14 BLDG 8 BLDG 11 BLDG 15 BLDG 18 Q BLDG 9 BLDG 10 � o BLDG 16 BLDG 17 0 5. • e. ..a 17 SPACES + 1 HC 24' SS 17 SPACES + 1 HC 9' 24"� ACES SS ASS 17 SPACES + 1 HC / _ SS 1 SP S SS �� - � � Sg � 18 SPACES + 1 HC I lb - - ASS � SPACES 18 SPACES ROAD A - PRIVATE DRIVE � 18 SPACE_ + 1 He mss - - s - M AS�HALT n CONIC BLDG 19 W� W �M - �� '� W W W W — W —�W W W x x x x x x j P R #R07600- 006 -043 -000 STREET LIGHT, TYP. �js� MATAVA GARY J (� STUB CONNECTION / FIRE HYDRANT, SEWER MAIN, TYP. ETAL TO ADJACENT TYP. DB 5531, PG 2200 FO ZONED -B -2- BUSINESS 50' PROTECTED DRIVEWAY PROPERTY OPEN SPACE; DUMPSTER PEN WITH 0.61 AC PAR #R07609 -007- 010 -000 20' BUFFER AREA; EXISTING VEGETATION TO C COBLE D WADE \ REMAIN TO GREATEST EXTENT POSSIBLE AND � DB 5164, PG 1387 \ BE AUGMENTED WHERE DEEMED INSUFFICIENT 0 ZONED -R -10- RESIDENTIAL TO MEET NHC BUFFER STANDARDS DISTRICT �V` V1/ W VV VV VV VV _ OOP�- oy616 /AT /�� > Qp� OQOS QG �0 PA #R07609- 007 - 009 -000 REYNOLDS AR #R07609- 007 - 008 -000 PAR #R07609 - 007 - 007 -000 p) OQ' LO\-\ p��GC / / ROBERT ANN O CRISP KIM L GRAY DEBRA / `�e DB 5320, PG 2068 / STEPHANIE C I LYNN I ZONED -R -10- RESIDENTIAL DB 5767, PG 2228 DB 2685, PG 803 / 006' \ DISTRICT / ZONED -R -10- RESIDENTIAL I ZONED -R -10 RESIDENTIAL I ZC OIOOOOpJ� �� / DISTRICT DISTRICT DUMPSTER PEN WITH Te /A'c ENCLOSURE, TYP. 22= > 000 �O / �QPS� FLOC O�� SS QP pq,6 Op- ��Px �0 501, 18" Q Lij BLDG 2 BLI a \ O po n v c 0O0N7 J + Q ENCLOSURE, TYP. - \ \' EXISTING TREE LINE C.I. TO REMAIN, TYP. CONC. J 3 ss DISTRICT STEM, AS PER NCDOT RECOMMENDATION SS�o�SS SS SS SS — SS W =� J W -16 GRAVEL VV VV VV VV VV VV VV VV n Cr ONC_ 1� BRICK VV OPEN SPACE; 1.15 AC )7609- 007 - 006 -000 APP M PAR #R07609 - 007 - 003 -000 PAR #R07609 - 007 - 002 -000 JN RICHARD A 7-005 �\ J?A R07�6�7 -00 000 DUNN RICHARD A DENISE M I B BUR RDT \ LL SANDRA KA E I DENISE M JACKSON I KATHLEEN DENT E 2556 �NN Y JERRY \ DB 9810, PG 1307 DB 5552, PG 1007 DB 9910, PG 1111 5 5472, DB 474 G 368 �� ZONED -R -10- RESIDENTIAL I ZONED R 10 RESIDENTIAL I ZONED -R -10- RESIDENTIAL I ZU IDENJAL \ s� DISTRICT DISTRICT DISTRICT 54.9' c� !1111:A11 z W n PROPOSED OPEN SPACE PROPOSED SIDEWALK PROPOSED 8" WATER MAIN PROPOSED 8" SEWER MAIN PROPOSED STORM PIPE PROPOSED HYDRANT PROPOSED BLOW -OFF VALVE PROPOSED MANHOLE PROPOSED STREET LIGHT APPROXIMATE LOCATION OF EXISTING HYDRANT W W � � 0 1D Cl) � z APPROXIMATE LOCATION r-I OF EXISTING WATER MAIN II TURN LANE ADJUSTMENTS TO BE DETERMINED DURING NCDOT DRIVEWAY PERMIT PROCESS PROPOSED WATER AND SEWER MAINS TO /TIE INTO EXISTING MAINS LOCATED ON CAROLINA BEACH RD I � � O U —ss—sso ANTOINETTE L - 60' RIW (PUBL1 U W - W W MP 11, PG 42 O PAR #R07609 - 007 -001 [0 A PAR #R07600 - 006 - 042 -000 PAR #R07609 - 006 - 001 -OC SASSER DON W REVOCABLE TR �--i DB 5531, PG 2200 U ZONED -R -15- RESIDENTIAL Q I ® w DISTRICT g DUNN RICHARD A ETAL Know what's below. I--I RESIDENTIALLY ZONED PROPERTY SETBACK Call uefom- unn din DENISE M PAR #R07606 - 002 - 002 -00 DB 5131, PG 199 z W PAR #R07609 - 006 - 001 000 DUNN RICHARD A PAR #R07610 - 002 - 003 -000 PAR #R07610 - 002 - 002 -000 PAR #R07610 - 002 - 001 -000 PAR #R07606 - 002 - 006 000 pA #R07606- 002 - 005 -000 PAR #R07606 - 002 - 004 -000 PAR #R07606 002- 003 -00 SOFIELD \ WORMAN PHILLIP DENISE M PEPPER RUBY STANLEY ALEX T GURGANIOUS I RIGGS JERRY T I LRICH PAMELA L I HUFFMAN I STEPHEN B II H LINDA L Z �ZZ o 0 DB 5556, PG DB 9909, PG 413 I ETAL SHELVA DEANN JR DONNA E B 5829, PG 1260 ROBERT JANET L \ DB 2732, PG 783 \ 1316ZONED -R -10- I ZONED-R-10-RESIDENTIALI DB 6122, PG 1198 I DB 1336, PG 1078 DB 4332, PG 976 I ZONED-R-10-RESIDENTIAL I FRANKLIN I DB 1911, 315 ZONED-R-10-RESIDENTIAL DISTRICT \ W W L RESIDENTIAL DISTRICT DISTRICT ZONED -R -10- RESIDENTIAL DISTRICT ZONED -R -10- RESIDENTIALI DISTRICT ZONED -R -10- RESIDENTIAL DISTRICT DISTRICT \ \ DB 5602, PG 1180 ZONED- 10- RE�S-IIDENTIAL DISTR ZONED -R -10- RESIDENTIAL ES _,9 _DISTRICT / / \ 0 // SS W W wow YL PAR #R07600 - 006 - 045 -000 RI CS5 LLC DB 5305, PG 1058 ZONED -B -2- BUSINESS DISTRICT - - _ — Nix 'W 1 \ EN QE FE 2 BUILDING SET�CK") JI- BLDG 7 BLDG 12 BLDG 13 BLDG 14 BLDG 8 BLDG 11 BLDG 15 BLDG 18 Q BLDG 9 BLDG 10 � o BLDG 16 BLDG 17 0 5. • e. ..a 17 SPACES + 1 HC 24' SS 17 SPACES + 1 HC 9' 24"� ACES SS ASS 17 SPACES + 1 HC / _ SS 1 SP S SS �� - � � Sg � 18 SPACES + 1 HC I lb - - ASS � SPACES 18 SPACES ROAD A - PRIVATE DRIVE � 18 SPACE_ + 1 He mss - - s - M AS�HALT n CONIC BLDG 19 W� W �M - �� '� W W W W — W —�W W W x x x x x x j P R #R07600- 006 -043 -000 STREET LIGHT, TYP. �js� MATAVA GARY J (� STUB CONNECTION / FIRE HYDRANT, SEWER MAIN, TYP. ETAL TO ADJACENT TYP. DB 5531, PG 2200 FO ZONED -B -2- BUSINESS 50' PROTECTED DRIVEWAY PROPERTY OPEN SPACE; DUMPSTER PEN WITH 0.61 AC PAR #R07609 -007- 010 -000 20' BUFFER AREA; EXISTING VEGETATION TO C COBLE D WADE \ REMAIN TO GREATEST EXTENT POSSIBLE AND � DB 5164, PG 1387 \ BE AUGMENTED WHERE DEEMED INSUFFICIENT 0 ZONED -R -10- RESIDENTIAL TO MEET NHC BUFFER STANDARDS DISTRICT �V` V1/ W VV VV VV VV _ OOP�- oy616 /AT /�� > Qp� OQOS QG �0 PA #R07609- 007 - 009 -000 REYNOLDS AR #R07609- 007 - 008 -000 PAR #R07609 - 007 - 007 -000 p) OQ' LO\-\ p��GC / / ROBERT ANN O CRISP KIM L GRAY DEBRA / `�e DB 5320, PG 2068 / STEPHANIE C I LYNN I ZONED -R -10- RESIDENTIAL DB 5767, PG 2228 DB 2685, PG 803 / 006' \ DISTRICT / ZONED -R -10- RESIDENTIAL I ZONED -R -10 RESIDENTIAL I ZC OIOOOOpJ� �� / DISTRICT DISTRICT DUMPSTER PEN WITH Te /A'c ENCLOSURE, TYP. 22= > 000 �O / �QPS� FLOC O�� SS QP pq,6 Op- ��Px �0 501, 18" Q Lij BLDG 2 BLI a \ O po n v c 0O0N7 J + Q ENCLOSURE, TYP. - \ \' EXISTING TREE LINE C.I. TO REMAIN, TYP. CONC. J 3 ss DISTRICT STEM, AS PER NCDOT RECOMMENDATION SS�o�SS SS SS SS — SS W =� J W -16 GRAVEL VV VV VV VV VV VV VV VV n Cr ONC_ 1� BRICK VV OPEN SPACE; 1.15 AC )7609- 007 - 006 -000 APP M PAR #R07609 - 007 - 003 -000 PAR #R07609 - 007 - 002 -000 JN RICHARD A 7-005 �\ J?A R07�6�7 -00 000 DUNN RICHARD A DENISE M I B BUR RDT \ LL SANDRA KA E I DENISE M JACKSON I KATHLEEN DENT E 2556 �NN Y JERRY \ DB 9810, PG 1307 DB 5552, PG 1007 DB 9910, PG 1111 5 5472, DB 474 G 368 �� ZONED -R -10- RESIDENTIAL I ZONED R 10 RESIDENTIAL I ZONED -R -10- RESIDENTIAL I ZU IDENJAL \ s� DISTRICT DISTRICT DISTRICT 54.9' c� !1111:A11 z W n PROPOSED OPEN SPACE PROPOSED SIDEWALK PROPOSED 8" WATER MAIN PROPOSED 8" SEWER MAIN PROPOSED STORM PIPE PROPOSED HYDRANT PROPOSED BLOW -OFF VALVE PROPOSED MANHOLE PROPOSED STREET LIGHT APPROXIMATE LOCATION OF EXISTING HYDRANT W W � � 0 1D Cl) � z APPROXIMATE LOCATION r-I OF EXISTING WATER MAIN II TURN LANE ADJUSTMENTS TO BE DETERMINED DURING NCDOT DRIVEWAY PERMIT PROCESS PROPOSED WATER AND SEWER MAINS TO /TIE INTO EXISTING MAINS LOCATED ON CAROLINA BEACH RD I � � O U —ss—sso ANTOINETTE L - 60' RIW (PUBL1 U W - W W MP 11, PG 42 O PAR #R07609 - 007 -001 [0 PAR #R07600 - 006 - 042 -000 PAR #R07609 - 006 - 001 -OC SASSER DON W REVOCABLE TR �--i DB 5531, PG 2200 U ZONED -R -15- RESIDENTIAL Q I ® w DISTRICT g DUNN RICHARD A ETAL Know what's below. I--I RESIDENTIALLY ZONED PROPERTY SETBACK Call uefom- unn din DENISE M DB 5556, PG DB 5131, PG 199 z W z W 1316ZONED -R -10- (� ZONED- R- 10- RESIDEIITI DISTRICT L 0 0 RESIDENTIAL DISTRICT DISTRICT V \ 1 FENCE x x x x — DISTRICT X x ��_ x _ — FENCE _ 520' BUFFER 1 _ tb W I % STORMWATE AREA BLDG 6 0- BLDG 7 � I BLDG 4 BLDG 5 II -�48 A, I I Fq O 5 0100 Q O (j6 a / P:; #C- PAP G20 BLDG 1 �' \ 18' QP �`P xx`' 3 Q '� 17 SPACES + 1 HC 19' r ASS SS SS SSSS -24' SS ASS — O 24' i 20' UFFERI 000��p�\O o TG��F STUB CONNECTION 110 p \ TO ADJACENT Q G 101 � PROPERTY \ ld; PAR #R07600 - 006 - 290 -000 CITRUS COVE Oxj HOA INC DB 5492, PG 391 ZONED -R -10- RESIDENTIAL DISTRICT OPEN SPACE; 0.52 AC STORM DRAIN- PIPE, TYP. i / b 24 a �� SS SS 1 SP C S 17 SPACES SS�� SS �S (S S �� \ SS SS X25. M 6 — SS S M M M M M W W WATER MAIN, TYP. i 22� 5' WIDE SIDEWALK, TYP. PAR #R07600 - 006 - 042 -000 MATAVA GARY J Z ETAL I �--i DB 5531, PG 2200 U ZONED -R -15- RESIDENTIAL Q I ® w DISTRICT g BEGIN 20' BUFFER AGAINST BEGIN 20' PERIMETER BUILDING Know what's below. I--I RESIDENTIALLY ZONED PROPERTY SETBACK Call uefom- unn din I� GRAPHIC SCALE 0 30 60 120 240 Pj SCALE: 1 " =60' P-1 o z W z W 0 0 Z �ZZ o 0 0 0 co U z z � ILL o' w a w Z O W L W L °w u) Of Of Of w W w w ILL U W Ln G1 W�N Q I--� W w U nW O 2 Of O o z O W Z w J U � U W0 w Z O � N Z r p N O W oO W U z Z N o U � � Zz Z O �W � w G� Q rTi 0 O �U� 0 I� O 0 0C 1 ; f� U L-n co o 2 2 U a1O000� NI I - - O a U) DO z Q 0 0 Z 00 o O u- F- J J d Z U <of (DLL H ¢ � ❑ W❑ U o UJJW Z_ ❑ o > Z Z Y Q 6i z d Ga�� D 00000) SEAL CZD-1 PEI JOB #: 18327.PE NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2020 REGULAR DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor CONTACT(S): Ken Vafier; and Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z19 -13) - Request by Mihaly Land Design, PLLC, on Behalf of the Property Owner, Chase & Dylan Mihaly, LLC, to Rezone Approximately 0.34 Acres of Land Located at 7031 Market Street from R -15, Residential District, to (CZD) B -2, Conditional Highway Business District, in Order to Develop an Office Building (This item was continued by staff from the December 2, 2019 agenda due to a notice error) BRIEF SUMMARY: The applicant is proposing a conditional rezoning of the subject site in order to accommodate a two - story, 2,000 square foot office building with associated parking and landscaping areas. The building will be used primarily for the applicant's landscape architecture firm. In addition, the applicant has requested that the land use Personal Services be included as part of the conditional rezoning request in order to accommodate a potential yoga /fitness studio. Personal Services typically includes fitness or other instructional studios, barber /beauty shops, salons, and other similar uses. The site is approximately 800' northeast of the future interchange of Market Street and the Military Cutoff extension. As such, roadway improvements in the immediate vicinity anticipated to be completed with the project, which will include a center median on Market Street, a southbound left turn lane at Cardinal Lanes North, a northbound left turn lane to access Ogden Park Drive, and a multi-use path on the eastern side of Market Street. The proposed uses within the building are anticipated to generate approximately 10 peak hour trips, which is below the 100 AM or PM peak hour threshold required to perform a Traffic Impact Analysis (TIA) prior to development. Regardless, an NCDOT Driveway Permit will be required to access Market Street, and a concrete island will be constructed to ensure right -in, right -out vehicular movements at the site. The applicant received a variance from the minimum side yard setback and minimum buffer width requirements on the northeastern property boundary from the Board of Adjustment at their September 24, 2019 meeting. The variance was issued due to factors on the site including a limited buildable area to develop the site with a commercial use, the intent to preserve several mature live oak trees on site, and the presence of a 15' wide utility easement which traverses the southwestern portion of the parcel. The Planning Board considered this application at their November 7, 2019 meeting. No one from the public spoke in support or in opposition to the request. The Planning Board recommended approval (7 -0) of the application, finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types Board of Commissioners - January 6, 2020 ITEM: 4 of commercial uses that would be encouraged in the Urban Mixed Use place type. I n a ddition, these uses would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. The Board also found that recommending APPROVAL of the rezoning request is reasonable and in the public interest because the site is in close proximity to a major power line easement, the right -of -way for the Military Cutoff extension, and existing commercial, therefore it is unlikely that a new single family residence will be constructed on the site. In addition, the Board recommended the following condition proposed by the applicant be placed on the approval: The 6 significant live oak trees on the site will be retained. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends APPROVAL of the requested amendment as stated in the Planning Board action and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) B -2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type. In addition, these uses would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is in close proximity to a major power line easement, the right -of -way for the Military Cutoff extension, and existing commercial, therefore it is unlikely that a new single family residence will be constructed on the site. Staff also suggests the following condition as proposed by the applicant: The 6 significant live oak trees on the site will be retained. ATTACHMENTS: Z19 -13 Script for BOC Z19 -13 Staff Summary BOC Z19 -13 Zoning Z19 -13 FLUM Neighboring Properties Map Applicant Materials Z19 -13 Application Proposed Site Plan Z19 -13 Site Plan Z19 -13 Site Plan - Rendered Board of Commissioners - January 6, 2020 ITEM: 4 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with condition proposed by the applicant and recommended by the Planning Board and staff. COMMISSIONERS' ACTIONS: Approved with condition proposed by the applicant and recommended by the Planning Board and staff 5- 0. Board of Commissioners - January 6, 2020 ITEM: 4 SCRIPT for Zoning Map Amendment Application (Z19 -13) Request by Mihaly Land Design, PLLC, on behalf of the property owner, Chase & Dylan Mihaly, LLC, to rezone approximately 0.34 acres of land located at 7031 Market Street from R -15, Residential District, to (CZD) B -2, Conditional Highway Business District, in order to develop an office building. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Staff Suggested Motion: I move to APPROVE the proposed rezoning to a (CZD) B -2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type. In addition, these uses would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is in close proximity to a major power line easement, the right -of -way for the Military Cutoff extension, and existing commercial, therefore it is unlikely that a new single family residence will be constructed on the site. Staff also suggests the following condition as proposed by the applicant: The b significant live oak trees on the site will be retained. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning of the subject property included in this application to a (CZD) B -2 district [OPTIONAL: state any agreed upon conditions]. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is /is not reasonable and in the public interest because [insert reasons] STAFF REPORT FOR Z19 -13 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z19 -1 3 Request: Rezone from R -15 to (CZD) B -2 for an office building Applicant: Property Owner(s): Mihaly Land Design, PLLC Chase & Dylan Mihaly, LLC Location: Acreage: 7031 Market Street 0.34 acres PID(s): Place Type: R04400- 002 - 015 -000 Urban Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Office for Private Business & Professional Activities, Personal Services Current Zoning: Proposed Zoning: R -15 (CZD) B -2 SURROUNDING AREA LAND USE ZONING North Single Family Residential R -15 East Commercial (restaurant, future auto wash) B -2 South Commercial (nursery, retail) B -2 West Undeveloped B -2 Z19 -1 3 Staff Summary 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 4 - 2 - 1 Page 1 of 9 Aerial, *� !4 j w y1E - I.a fd A Al ./ r 219-13 1 ea M: n icy � t' �. /. ,, }.. gyp•} r�+S'R ZONING HISTORY July 7, 1972 Initially zoned R -15 (Area 8B) Y.�tkYe ' I k: �' *741 t COMMUNITY SERVICES Water /Sewer Water and Sewer is available through CFPUA Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, Ogden Station Schools Blair Elementary, Trask Middle, and New Hanover High schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z19 -1 3 Staff Summary 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 4 - 2 - 2 Page 2 of 9 PROPOSED USE AND CONCEPTUAL PLAN • The applicant is proposing to construct a two - story, 2,000 square foot office building with associated parking and landscaping on the site. • The building is proposed to serve primarily as an office building for the applicant's landscape architecture firm. In addition, the applicant has requested that the land use personal services be included as part of the conditional rezoning request in order to accommodate a potential yoga /fitness studio. Personal Services typically includes fitness or other instructional studios, barber /beauty shops, salons, and other similar uses. • The site contains significant live oak trees measured at 24 ", 30 ", and 34" on the northern side of the property, as well two 32" and one 38" oak tree on the southern corner of the property. The applicant has designed a site plan that retains all the significant live oak trees on site. • The applicant received a variance from the minimum side yard setback and minimum buffer width requirements on the northeastern property boundary from the Board of Adjustment at their September 24, 2019 meeting. The variance was issued due to factors on the site including a limited buildable area to develop the site with a commercial use, the intent to preserve several mature live oak trees on site, and the presence of a 15' wide utility easement which traverses the southwestern portion of the parcel. • The proposal shows 1,056 sf of building footprint, with 4,593 sf of a gravel parking lot and drive area, for a total impervious area of 5,649 sf. As the impervious area is below 10,000 sf, provisions within the county's Stormwater Ordinance do not apply. EMISNIO TTEES. TO REM N - - - �- - --, NC OCiT- ELNWOA APRNM DR WAN L TM Conceptual rendering and site plan for the proposed development Z19 -13 Staff Summary 1.6.2020 Page 3 of 9 Board of Commissioners - January 6, 2020 ITEM: 4 - 2 - 3 ' 6'X16N ARl ►1DALYFI.T.E WTS � �,'j. SGM^' aFSe' HIGH WAI LfYf1TlE AC�N© Sii# NSU.ML O�Ai9t'! O: reNCe r 3 Duke Energy r Easement f' EMISNIO TTEES. TO REM N - - - �- - --, NC OCiT- ELNWOA APRNM DR WAN L TM Conceptual rendering and site plan for the proposed development Z19 -13 Staff Summary 1.6.2020 Page 3 of 9 Board of Commissioners - January 6, 2020 ITEM: 4 - 2 - 3 TRANSPORTATION • Direct access to Market Street is proposed to the site via a controlled access (right -in, right - out) driveway with a concrete island to ensure control of these movements. • The proposed development is anticipated to generate approximately 10 AM and 10 PM peak hour vehicular trips, which is below the 100 AM or PM peak hour threshold required to perform a Traffic Impact Analysis (TIA). NCDOT has indicated a driveway permit will be required to access Market Street, and no other improvements are being required for this development. • Because a TIA is not required to analyze transportation impacts, staff has provided the volume to capacity ratio for Market Street near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. The volume to capacity ratio indicates that this segment of Market Street is over capacity, however, the Military Cutoff extension improvements are expected to improve the volume to capacity ratio at this location. • Roadway improvements in the immediate vicinity anticipated to be completed with the Military Cutoff extension project include a center median on Market Street, a southbound left turn lane at Cardinal Lanes North, a northbound left turn lane to access Ogden Park Drive, and a multi -use path on the eastern side of Market Street. Traffic Count — July 2018 Road Location Volume Capacity V/C Market Street 7100 block 56,845 43,700 1.3 Z19 -13 Staff Summary 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 4 - 2 - 4 Page 4of9 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses OK?'60 ri, Opt ivy � sera ,r` • "ham +'rirr ►��/3►� I f _ . ♦` j Approved y� .�� ti�.'•ya `y�+r►r+�3• *t }. a ,f''�!y��, R i • • • i Under Draft • • r n 9 1f ril��/I rp ; rnr.■� +ali Project �r • • Ogden Sta • TIA Approved i a r a r .6rr. N -91 J UiAER [REEK 62. GOVIR fnP.n" w'iW �1 STIP Project Miles 0 0.25 0.5 ' Lei "s a � City of Wilmington Nearby NC STIP Projects: STIP Project U -4751 (Military Cutoff extension) • Project to extend Military Cutoff Drive from Market Street to 1 -140. • The project is currently under construction and is expected to be completed in early - 2023. • The extension of Military Cutoff Drive will run west of the subject site, with the southbound on -ramp approximately 800' southwest of the site. • The project will install a multi -use path along the extension of Military Cutoff and the eastern side of Market Street at this location. The multi -use path will cross Market Street at a signalized intersection with Middle Sound Loop, approximately 2,000' northeast of the site. • The project will install a center median on Market Street north to Middle Sound Loop Road, with a southbound left -over to access Cardinal Lanes North and a northbound left -over accessing Ogden Park Drive. Z19 -13 Staff Summary 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 4 - 2 - 5 Page 5of9 • STIP Project U -4902D (Market Street Median) • Project to install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10 -foot multi -use path on the eastern side of the street, and a 5- foot sidewalk on the western side of the street. • The project is currently under construction and is expected to be completed in early - 2023. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses will expire if the proposed development is not completed by the build out date established within the TIA. Proposed Development • 20,000 square feet of TIA Status Medical /Dental Office • Approved August 14, 2019 2. Middle Sound West • 70,000 square feet of 1. Bayshore Shopping Center • TIA approved September 1 1, Commercial • 8,000 square feet of High 2019 Development Turnover Sit Down • 2022 Build Out Year • Ogden Starbucks Restaurant • 4,000 square feet of Fast Food Restaurant The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional westbound left turn lane on Bayshore Drive to Market Street • Extension of existing northbound right turn lane on Market Street from Bayshore Drive to the site's access points Nearby Proposed Developments included within the TIA: • None Development Status: The property is zoned B -2, which allows for this development by- right. However, no site plan or permit application have been submitted to County staff for review at this time. Proposed Development Land Use /Intensity TIA Status • 288 multi - family units • Approved August 14, 2019 2. Middle Sound West • Small office with 32 • 2021 Build Out Year employees The TIA required installation of a westbound right -turn lane at the site's access on Lendire Road. Nearby Proposed Developments included within the TIA: • Ogden Starbucks Z19 -1 3 Staff Summary 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 4 - 2 - 6 Page 6 of 9 Development Status: Special Use Permit request under review. Proposed Development Land Use /Intensity TIA Status 3. Ogden Starbucks • 2,200 square foot coffee • Approved May 10, 2019 shop with drive thru • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional exclusive eastbound right -turn lane on Lendire Road at Market Street (improvement installation to be coordinated with the Military Cutoff Extension project U -4751 ). Modification of the signal timing at the same intersection to incorporate the new dual right -turn lanes. Nearby Proposed Developments included within the TIA: • None Development Status: Construction is near completion. The installation of right -turn lane will be completed with the Military Cutoff extension project. ENVIRONMENTAL • The site does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas. The subject property is located within the Howe Creek watershed, which drains to the Intracoastal Waterway. Z19 -13 Staff Summary 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 4 - 2 - 7 Page 7of9 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Urban Mixed Use Map Place Type Promotes development of a mix of residential, office, and retail uses at Place Type higher densities. Types of uses encouraged include office, retail, mixed use, Description small recreation, commercial, institutional, single - family, and multi - family residential. The subject site is located in an area that the Comprehensive Plan ultimately envisions as an Urban Mixed Use node that would provide goods and services for nearby residents. Currently, the site is immediately adjacent to existing commercial to the west along Market St. and existing single - family residential to the north and east. Due to its proximity to a major power line easement, the right -of -way for the Military Cutoff extension, and existing Consistency commercial, it is unlikely that a new single family residence will be Analysis constructed on the site. The proposed B -2 conditional district's office and personal services uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type. In addition, they, according to the proposed site plan, would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. Consistency The proposed conditional B -2 rezoning district is generally CONSISTENT Recommendation with the types of commercial uses encouraged in the Urban Mixed Use place type. Z19 -1 3 Staff Summary 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 4 - 2 - 8 Page 8 of 9 PLANNING BOARD ACTION The Planning Board considered this application at their November 7, 2019 meeting. No one from the public spoke in support or in opposition to the request. The Planning Board recommended approval of the application, finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type. In addition, these uses would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. The Board also found that recommending APPROVAL of the rezoning request is reasonable and in the public interest because the site is in close proximity to a major power line easement, the right -of -way for the Military Cutoff extension, and existing commercial, therefore it is unlikely that a new single family residence will be constructed on the site. In addition, the Board recommended the following condition proposed by the applicant be placed on the approval: The 6 significant live oak trees on the site will be retained. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation with the applicant's proposed condition. The proposal is generally consistent with the goals and objectives of the Comprehensive Plan and the Urban Mixed Use place type as it is located in an area that the Plan ultimately envisions as an Urban Mixed Use node that would provide goods and services for nearby residents. Z19 -1 3 Staff Summary 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 4 - 2 - 9 Page 9 of 9 Case: Site Address: Existing Zoning /Use: Proposed Use/Zoning: Z19 -13 7031 Market St R -1 S/ Undeveloped (CZD) B -2 N R -15 0 Subject Site 4� 500 Feet Board of Commissi ers - J uary 6, 2020 ITEM:4 - - t //^. CITY Water Sewer Zoning Districts A -1 EDZD E PD R -20S SC AR 1 -1 R -10 R -7 B -1 ■ 1 -2 R -15 RA B -2 0&1 R -20 ■ RFMU ® Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) CODI See Section 55.1 of the Zoning Ordinance —] Incorporated Areas = SHOD Case: Site Address: Existing Zoning /Use: Proposed Use/Zoning: Z19 -13 7031 Market St R -1 S/ Undeveloped (CZD) B -2 N 500 COMMUNITY I MIXED USE u Subject Site�4 URBAN MIXED USE Feet Board of Commissi ers _Ja ary 6, 2020 - V� ITEM: 4 - r Puce Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Site Address: Existing Zoning /Use: Proposed Use/Zoning: Z19 -13 7031 Market St R -1 S/ Undeveloped (CZD) B -2 N 225 209 r 500 7049' • 7061 7045 �'?` 7048 201 • J • • 7041 7044 • • 7040 7047 7037 • 0 • 7036 7033 • • 7043 7032 • 7038 7037 7036 7031 7035 7034 • i • 7032 Q' • `011 Subject Site 7021 J 7 028 7022 7019 • 7030 7015 • • 7011 7018 • • 1 7016 7026 7014 • Feet ❑ ParR*kr "V1t1drfi ers - Ja ary 6, 2020 ITEM: 4 —5, - R -15 ice' ON RD BUFF CIR APPLICANT MATERIALS Board of Commissioners - January 6, 2020 ITEM: 4 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (910) 798 -7053 plan ningdevelopment.nhcg ov.com CONDITIONAL ZONING DISTRICT Application Applicant /Agent Information Property Owner(s) If different than Applicant /Agent Name Owner Name Mihaly Land Design, PLLC Chase & Dyland Mihaly LLC Company Owner Name 2 Mihaly Land Design, PLLC Address Address 330 Military Cutoff, S ita ", -3 7300 Anaca Point Road City, State, Zip City, State, Zip Wilmington, NC 28405 Wimington, NC 28411 Phone Phone 910- 392 -4355 910 -392 -4355 Email Email josh @mihalyland.net josh @mlholyland.net Subject Property Information Address/Location 7031 Market Street Parcel Identification Numbers) 804400 -002 -015 -000 Total Parcel(s) Acreage .34 Acres, 14,810 sf Existing Zoning and Use(s) R -15, Vacant Future Land Use Classification Urban Mix Use Application Tracking Information (Statt Only) Case Number Date/Time received: Received by: I Z jqn \11 t�-3'D aM XV Board of Commissioners - January 6, 2020 page 3 of 7 C ITEM: 4 - 7 - 1 onditiona[ Zoning District Application — Updated 5/2017 Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: CD -62, Office Total Acreage of Proposed District: .34 acres Only uses allowed by right in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (please provide additional pages if needed). The. proposed CD-B2 zoning for the subject tract will consist.of a 2000 sf. building and 1 0 parking spaces. The project will meet all buffer requirements as specified in the New Hanover County Ordinance. The uses for the site T wtlf be-'It". ed- to -fhw- fotlawtrrg.- _ , ... __ ....... - - _ ....._ ...... _... Offices for Private Business & Professional Activites, Personal Services Proposed Condition(s) Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding General Use District regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. The. current condition of the site has 6. Live Oak trees that will be.remaininq..... Board of Commissioners - January 6, 2020 ITEM: 4- 7- 2 Page 4 of 7 Conditional Zoning District Application - Updated 5/2017 Traffic Impact Please provide the estimated number of trips generated forth e proposed use(s') based off the most recent version of the Institute of Transportation Engineers (ITE) Trip Generation Manual. ATraffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hourtrips, and the TfA must be included with this application. General Office ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.): 2,000 sf Aprox 10 Aprox 10 AM Peak Hour Trips: _ _ _ _ PM Peak Hour Trips: _._._�_-__ _. __ CONSIDERATION OF A CONDITIONAL ZONING DISTRICT The Conditional Zoning District procedure is established to address situations where a particular land use would be consistentwith the New Hanover County Land Use Plan and the Zoning Ordinance objective and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of very dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community -at- large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Use Zoning District meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development? (For example: the Comprehensive Plan and applicable small area plans) .The. property lia.s teem Wentified -as_ an_UrbarL Mi ,e..d _Use Zone, o &shown in the: most..recom future.Land.. Use Plan for New Hanover County. This area is consistent with access to residential, office and retail uses at Vigher densities: The- property fronts HI rectTy on Mdr'ket7Street'(NCD_0T Highway 17). This portion off 'Re' Highw.34 . -17 cor Ld r as curmn - ua.dex won .mci h axond wideningproj:ect aad the Militcxr_y Cutoff_ Extension and Hampstead Bypass. 2. How would the requested Conditional Zoning District be consistent with the property's classification on the Future Land Use Map located within the Comprehensive Plan? The, Lan.d,_Classifi.cation.Map recognizes_this tract as Urban Mixed Use. The�,types of uses identified that are acceptable uses within this land classification are; office, retail, mixed -use, small recreation, single family and muiii= amily:The "uses permitted in t11e'15=2 disirict ar`e consistent "wlifii iiiese uses:ID' I What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Historically,, rpast of this portion of the Mgrket_St Corridor visas sat one tinte residentipl;As the .Countx.haas - grown, many of the single - family homes along here and similiar corridors in the County have converted to commerelal uses. M&ket S1 is`a'heavilyTr_dvelled roadway with over 5UUM trips pier day maTng ifa much.less. desirable, location .for single -fam Ly housing.. The Market _St.w{id.ening. project- that..L5 currently,._.. taking place will only make residential homes along this Corridor less appealing due to increase in traffic. Board of Commissioners - January 6, 2020 ITEM: 4- 7- 3 Page 5 of 7 Condltioncl Zoning District Application -- Updated 5/2017 APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N /A ". Applications must be complete in order to process for further review. Required Information Applicant Staff Initial Initial 1 Complete Conditional zoning District application. iwm e/ 2 Application fee — ($600 for 5 acres or less, $700 for more than 5 acres. An additional $300 fee must be provided forapplications requiring TRC review). I wm Iry 3 Community meeting written summary. jwm yv 4 Traffic impact analysis (for uses that generate more than 100 peak hour trips). n/a 5 Legal description (by metes and bounds) or recorded survey Map Book and Page reference of the property requested for rezoning. 1 wm 6 Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads. • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. jwme' • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage. • The one hundred (100) year floodpiain line, if applicable. • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance. • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. ; • Any other information that will facilitate review of the proposed change f Ref. Article VII as a licable . I 7 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard copies may be required by staff depending on the size of the document site plan. I wm 8 1 PDF digital copy of ALL documents AND plans. iwm Board of Commissioners - January 6, 2020 Page b of 7 ITEM: 4 - 7 - 4 g Conditional Zoning District Application -- Updated 52017 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Zoning District zoning for which is being applied. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Acton my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application. Joshua Mihaly Signature of R..roty Owners) Print Names) Signature of Applicant/Agent Print Name NOTE: Form must be signed by the owner(s) of record. If there are multip[e property owners a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning websfte will be required. �c In t Board of Commissioners - January 6, 2020 ITEM: 4- 7- 5 Page 7 of 7 Conditional Zoning District Application — Updated 5/2017 FA , r A "i, M I H A L Y L A N D D E S I G N PLANNING +EAND$CAPE ARCH'T'CTURr To: New Hanover County Planning From: Joshua W. Mihaly, Mihaly Land Design PLLC Re: Community Meeting Notice Written Summary Conditional Use Re- zoning for 7031 Market Street A meeting was held on Wednesday September 25th at our office located at 330 Military Cutoff Road, suite A -3 from 5:30 -6:30 p.m. The only person in attendance was Brad Shu[er with the New Hanover County Planning Staff. We discussed the proposed project and how it would be a benefit to the Market Street Corridor. We discussed the trees being saved and how it wili enhance the subject site. Josh Mihaly 330 Military Cutoff, Suite A3, Wilmington, NC 28405 tel. 910.392.4355 Board of Commissioners - January 6, 2020 ITEM: 4 - 7 - 6 7031 MARKET STREET COMMUNITY MEETING SIGN IN SHEET NAME ADDRESS E -MAIL �Sc- tfvL04q)N v Board of Commissioners - January 6, 2020 ITEM: 4 - 7 - 7 C-0 "-t Patrick C. Bristow Land Surveying, PC 4113 -A Oleander Drive Wilmington, NC 28403 Description of New Hanover County Tax Parcel # R04400 -002 -015 -000 7031 Market Street, Wilmington, NC 28411 A tract of land located in New Hanover County, North Carolina being more particularly described as follows: beginning at a found iron pipe in the northwestern right of way line of Market Street (U.S. Highway # 17- public right of way - width varies), said iron pipe marking the intersection of the northwestern right of way line of Market Street with the southeastern line of that tract of land conveyed to William Thomas Evans and Mary Evans as described in deed book 943, page 175 of the New Hanover County register of deeds office, running thence from said beginning point with the northwestern right of way line of Market Street South 43 degrees 49 minutes 40 seconds West 65.10 feet to a Found iron pipe, thence leaving said right of way running North 53 degrees 50 minutes 54 seconds West 195.46 feet to a found iron rod, thence North 47 degrees 33 minutes 40 seconds East 91.69 feet to a found iron rod, thence South 47 degrees 00 minutes 00 sPConds East 1 87.76 feet to he poixa% of beginning coritairring 0.35 acres more or less and being all of the aforementioned Evans tract excepting that portion conveyed to the Department of Transportation of the State of North Carolina by deed recorded in deed book 1497, page 495 and book 5972, page 653 of the New Hanover County register of. deeds office, being subject to an aerial easement in favor of the Department of Transportation of the State of North Carolina as described in deed book 5972, page 653 and also being subject to a power line easement in favor of Doke Energy along a portion of the western boundary of the above described tract. The above described tract is also subject to any and all easements that may be disclosed by a full title report, no such report having been furnished to the preparer of this description. 1eX`, i5',3LF]`3jrrieSJ�JJ L -4148 40 8/08/201 g Board of Commissioners - January 6, 2020 ITEM: 4 - 7 - 8 PROPOSED SITE PLAN Board of Commissioners - January 6, 2020 ITEM: 4 - 8 - 1 50.0' RIGHT OF WAY TO RUTH AVENUE -- PARR]: R044090044DD6OBO I I PARID: R04409 -004-004-000 OWtlR: CORNELIUS NW014 TRUS[B OWNER; NIXON CORNELIUS E REV TRUST ZONNQ &2 I I ZONING R -15 9 I � N4'7 °74 19 'E 59.49' IT O I 15' -0" DUKE POWER EASEMENT 6' HIGH ARTIFICAL FENCE WITH (2) ROWS OF 36" HIGH WAX MYRTLE ACHIEVING 50% VISUAL OPACITY OF FENCE 18' -0" TYP OAK '"'REARYARD — — BORER _ V■ 00 Pu HOU 4 OA I II PROPOSED GRAVEL – PARIONC AREA 0 o o NANDlTC—AP RAM7 — — BS79' REAR SETBACK 13' 2" I I o PROPOSED 2-STORY BURRING. 24'X45' II 24 PINE 22 OAK 14' -0" PARID: R044W,=O410D0 . OWNER: LEES CUT INVESTMENTS, ILC '� PARID ?04400 -M 016000 ZONING: 8.2 I 48'-8" OWNER: SPENCER EVANS ZONNC: R 15 I I I I ml III OAK EXISTING TREES, TO REMAIN z cr �w °z Q��Lu q°C0� 0 a- LU :2 Y c/) Q Z) O W � EGG — DEPARTMENT OF TRANSPORTATION (DB 5993 PG (544 d DB G I G2 PG G28) FIBER OPTIC CABLE POLE TO BE T ABANDONED- GUY I �I t ICI I II I I 'Il GDY ,I I I, in 18' -3" OAK w m 0 0 N 23' STREET YARD - I \c UGGI � 13' -2" Board of Commissioners - January 6, 2020 MARKET STREET M RAN R VAR■ WM 7— [_� — 547 °00'00 "E DGG N43°4741 "E NC DOT PRELIMINARY APPROVED DRIVEWAY LOCATION SITE DATA ADDRESS PARCEL ID: PROPOSED USE: PROPOSED ZONING: EXISTING ZONING EXISTING LAND USE: PARCEL AREA: CAMA OWNER: NUMBER OF BUILDINGS HEIGHT OF BUILDING: 7031 MARKET STREET R04400- 002 - 015 -000 OFFICE B2 R -15 VACANTLOT .34 ACRES (14,810 SF) URBAN MIXED USE CHASE & DYLAN MIHALY LLC 1 23' -0" BULK REQUIREMENTS REQUIRED MAX. FAR 40% MIN. FRONT SETBACK 50' MIN. REAR SETBACK 85.79' MIN. INTERIOR SIDE SETBACK W NORTH SIDE SETBACK 63.25' (23'x 2.75) SOUTH SIDE SETBACK 0' (0' x 2.75) (/) MAX. BUILDING HEIGHT 40' SIDEYARD BUFFER NORTH SIDEYARD BUFFER (23'x 2.75) / 2 31.6' REARYARD BUFFER z (23'x 3.73) / 2 42.9' ( *) = VARIANCE REQUESTED O OFF - STREET PARKING REQUIREMENTS OFFICE: MIN: 1/400 SF GFA (2,160 SF /400) 6 HANDICAP PARKING (1/25 SPOTS): 1 TOTAL: 7 SYMBOL LEGEND PROPOSED GRAVEL PARKING AREA • • 6 o e PROPOSED CONCRETE PAVING PROPOSED 6' HIGH FENCE OH EXISTING OVERHEAD POWER LINES 0 EXISTING POWER POLES PROVIDED 7% 59' 89' 48.67' 0' 23' 13.17'* 42.9' PROVIDED 9 1 10 0 20 40 60 feet NORTH SCALE: 1 = 20' M I H A L Y L A N D D E S I G N PLANNING + LANDSCAPE ARCHITECTURE 339 MILITARv CUTOF= RD., Sulle A3 Wilminglon, NC 28405 914.392.4355 /N CAR X s O � e'o . 2 � X q tj Revisions Date: 2019 -08 -30 Phase: Job Number: 101 -510 Designed by: MLD Drawn by: ALM Checked by: JwM Sheet Title: SITE PLAN/ VARIANCE APPLICATION Sheet Number: Ll .0 of 1 sheets W W (/) W Lu W U) z W O U a QCD M r co J O O Date: 2019 -08 -30 Phase: Job Number: 101 -510 Designed by: MLD Drawn by: ALM Checked by: JwM Sheet Title: SITE PLAN/ VARIANCE APPLICATION Sheet Number: Ll .0 of 1 sheets SITE DATA ADDRESS 7031 MARKET STREET PARCEL ID: R04400- 002 - 015 -000 PROPOSED USE: OFFICE PROPOSED ZONING: B2 EXISTING ZONING R -15 EXISTING LAND USE: VACANT LOT PARCEL AREA: .34 ACRES (14,810 SF) CAMA URBAN MIXED USE OWNER: CHASE & DYLAN MIHALY LLC I� 50.0 NUMBER OF BUILDINGS: 1 HEIGHT OF BUILDING: 23' -0" IT R,GHTOP WAY TORDTH AVENUE "I BULK REQUIREMENTS REQUIRED PAI. 80 0 409 40 4 -M4W I I PAW. 04M404404-000 MAX. FAR 40% MMER: CORNHws NIXON TRtATB OWNER: MON CORNEIRIS E REV TRUST MIN. FRONT SETBACK 50' 70MMB -2 I 70NNOR4s MIN. REAR SETBACK 85.79' N47-33'40.E MIN. INTERIOR SIDE SETBACK NORTH SIDE SETBACK 63.25' _ N47 °24' 19 "E 59.49, (TIE) (23'x 2.75) _ SOUTH SIDE SETBACK 0' I (0' x 2.75) MAX. BUILDING HEIGHT 40' 15' -0" SIDEYARD BUFFER DUKE POWER NORTH SIDEYARD BUFFER EASEMENT (23'x 2.75) / 2 31.6' REARYARD BUFFER 6' HIGH ARTIFICAL FENCE WITH (23'x 3.73) / 2 42.9' (2) ROWS OF 36" HIGH WAX MYRTLE ACHIEVING 50% VISUAL OPACITY OF ( *) = VARIANCE REQUESTED `. FENCE 18' P 30 ; OFF- STREET PARKING REQUIREMENTS I 429' R Bum REQUIRED OFFICE: 00 MIN: 1/400 SF GFA I PUMP �� (2,160 SF /400) 6 ' HOU5E 3 HANDICAP PARKING (1/25 SPOTS): 1 '. TOTAL: 7 I III I. PRO ,I I 49 f Y 11312 1 PROPOSED 2 -STORY BUILDING p 24' X 45' 24 °'1 NE. 22 OA PAR. RON00002014000 I I 1� ,. OWNER lEES CUT INVBThENTS, LLC PAR. R04410600060 OR SN EVANS 2OO B-2 48' -8" .% ZONNC R•15 I I I A I e z I c9 I t Q A 32 OAK • / EXISTING TREES, TO REMAIN 1 --I— 375 STR z O � • O _._I 38 AKA. Q�~ I 0 � z r,r U W I c o� -� - Q p � - s srREET (0 0- wI.-, LLJ , wQow U -- - - - - -- GUY I I I I t / �� — — — — — — — I -- 4 -' .OAP —•- I--•- ` _ � - � .- - _ I SYMBOL LEGEND DGGL , 547000'00"E DEPARTMENT OF TRAN5PORTATION UG (DB 5993 PG 844 # DB G I G2 PG 928) I / —UPi6— - - 13' -2" 13' -0'; — / / ' �FIBEROP IC CABLE ,� _ — ,� PROPOSED GRAVEL PARKING AREA — — — — N43.47'4 I "E - POLE TO BE — — —` MARKET STREET ABANDONED GUY VAJWX RM VAM NC DOT PRELIMINARY APPROVED PROPOSED CONCRETE PAVING DRIVEWAY LOCATION Board of Commissioners - January 6, 2020 ITEM: 4 - 10 - 1 PROPOSED & HIGH FENCE OH EXISTING OVERHEAD POWER LINES 0 EXISTING POWER POLES 59' 89' 48.67' 0' 23' 13.17'* 42.9' 9 1 10 0 20 40 60 feet N O R T H SCALE: 1" = 20' M I H A L Y L A N D D E S I G N PLANNING+ LANDSCAPE ARCHITECTURE 330 MILITARY CUTOFF RD., Suite A3 Wilmington, INC 28405 910.392.4355 N CARD P� w O PNOS ° "p y a � r x w 1314 x N o �Slb sy0A W. M��P Revisions J J J Q 5= G Z Q O zU C30 Z a_ Q v0 W Q z a az z °o U V rL-12 � W W (n w w W UDz a wo W <0< � r �z� or '7 J M C w a- F. °3:M Date: 2019 -09 -03 Phase: Job Number: 101 -510 Designed by: MILD Drawn by: ALM Checked by: JWM Sheet Title: SITE PLAN/ VARIANCE APPLICATION Sheet Number: L1.0 of 1 sheets NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2020 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; and Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z18 -09M) — Request by Design Solutions on Behalf of the Property Owner, CH Bountiful Operating, LLC, to Modify the Conceptual Site Plan and Conditions of Approval of an Existing (CZD) R -10 District (Zoning Case Z18 -09), Located on Approximately 16.76 Acres of Land in the 500 Block of Bountiful Lane, to Change the Permitted Housing Type from Townhomes to Single - Family Homes (This item was continued by staff from the December 2, 2019 agenda due to a notice error) BRIEF SUMMARY: The existing conditional zoning district (Case # Z18 -09) was approved in August 2018 as a performance residential development consisting of 55 townhomes, conditioned to be one -story with a maximum building height of 35 feet and limited to two bedrooms per unit. This application proposes to modify the existing conditional zoning district to construct a performance residential development consisting of 35 single - family detached homes with a maximum height of 35 feet. A performance residential development provides flexibility in the design of subdivisions by not requiring a minimum lot size and by allowing for multiple housing types. However, these types of developments are subject to a maximum density requirement. Performance developments within the R -10 district are permitted a maximum density of 3.3 dwelling units per acre, which equates to a maximum of 55 dwelling units on the subject property. The applicant has proposed 35 dwelling units with a density of 2.16 dwelling units per acre. Within a performance residential subdivision, the applicant has the ability to cluster lots and as a result a higher percentage of the subdivision can be preserved as open space. In this case the applicant has proposed that 60% of the approximate 16.76 acres be preserved as open space. Preservation of existing trees located on the western portion of the parcel in the proposed open space area will create a buffer between the proposed homes and the existing neighborhood. Access is provided to the subject property by Bountiful Lane which connects to Castle Hayne Road by way of Bountiful Lane and Oakley Road. As part of the development review process, the applicant must obtain a driveway permit from the NCDOT. Typically, single - family dwellings generate approximately one trip in the peak hours, while townhomes generate approximately 0.5 trips in the peak hours. The applicant was not required to conduct a Traffic Impact Analysis (TIA) because the proposed development is not expected to generate more than 100 trips during peak hours. Board of Commissioners - January 6, 2020 ITEM: 5 According to the applicant, the peak hour trips generated from 35 single - family homes are estimated to be about 26 trips in the AM and 35 trips in the PM. The existing site plan with 55 townhomes is estimated to be about 25 trips in the AM and about 31 trips in the PM which results in a net increase of about 1 trip in the AM and about 4 trips in the PM. The Planning Board considered this application at their November 7, 2019 meeting. At the meeting, no members of the public spoke in opposition or in support of the proposed modification. The Board recommended approval (7 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the preferred range of the General Residential place type. The Planning Board also found APPROVAL of the modification to the existing conditional R -10 district reasonable and in the public interest because it provides for infill residential development that is compatible with the existing pattern of the area, while protecting environmental resources by clustering structures and infrastructure. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation. I move to APPROVE the proposed modification to the conditional district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the preferred range of the General Residential place type. I also find APPROVAL of the modification to the existing conditional R -10 district is reasonable and in the public interest because it provides for infill residential development that is compatible with the existing pattern of the area, while protecting environmental resources by clustering structures and infrastructure. I move to [Approve /Deny] the proposed modification to the existing conditional R -10 district included in this application. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the modification to the existing conditional R -10 district reasonable and in the public interest because [insert reasons] ATTACHMENTS: Z18 -09M Script BOC Z18 -09M Staff Summary Final Z18 -09M Zoning Z18 -09M FLU M Z18 -09M Mailout Applicant Materials Insert Board of Commissioners - January 6, 2020 ITEM: 5 Z18 -09M Application Package Proposed Site Plan Insert Z18 -09M Proposed Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as recommended by the Planning Board and staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 6, 2020 ITEM: 5 SCRIPT for a Modification of a (CZD) R -10 District (Z18 -09M) Request by Design Solutions on behalf of the property owner, CH Bountiful Operating, LLC, to modify the conceptual site plan and conditions of approval of an existing (CZD) R -10 district (zoning case Z18 -09), located on approximately 16.76 acres of land in the 500 block of Bountiful Lane, to change the permitted housing type from townhomes to single - family homes. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Staff Suggested Motion: I move to APPROVE the proposed modification to the conditional district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the preferred range of the General Residential place type. I also find APPROVAL of the modification to the existing conditional R -10 district is reasonable and in the public interest because it provides for infill residential development that is compatible with the existing pattern of the area, while protecting environmental resources by clustering structures and infrastructure. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed modification to the existing conditional R -10 district included in this application. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the modification to the existing conditional R -10 district reasonable and in the public interest because [insert reasons] Conditions: [List any agreed upon conditions] STAFF SUMMARY FOR Z18 -09M CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z18 -09M Request: Modification of a (CZD) R -10 District Applicant: Property Owner(s): Cindee Wolf with Design Solutions CH Bountiful Operating, L.L.C. Location: Acreage: 500 Block of Bountiful Lane 16.76 acres PID(s): Comp Plan Place Type: R03300- 001 - 037 -000 General Residential Existing Land Use: Proposed Land Use: Undeveloped Performance residential subdivision Current Zoning: Proposed Zoning: (CZD) R -10 (CZD) R -10 SURROUNDING AREA LAND USE ZONING North Single - Family Residential (Walnut Hills) R -20, R -15 East Single - Family Residential (Oakley Road Mobile Home Park) R -20, R -15 South Single - Family Residential R -20 West Single - Family Residential, Undeveloped R -20 Z18 -09M Staff Summary BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 5 - 2 - 1 Page 1 of 8 ZONING HISTORY July 1, 1974 Initially zoned R -20 (Area l0A) August 20, 2018 Conditionally rezoned to (CZD) R -10 COMMUNITY SERVICES Water /Sewer Water and sewer service is available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Wrightsboro Schools Wightsboro Elementary, Holly Shelter Middle, and New Hanover High Historic Schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES The applicant has obtained a Jurisdictional Determination from the US Army Conservation Corps of Engineers. This determination signifies the existence wetlands located on the subject property. Generally, the wetlands are located on the western portion of the site within open space areas outside of individual lots. Historic No known historic resources Archaeological No known archaeological resources Z18 -09M Staff Summary BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 5 - 2 - 2 Page 2 of 8 CURRENT CONCEPTUAL SITE PLAN • The conditional zoning district (Case# Z1 8 -09) was approved as a performance residential development consisting of 55 townhomes, conditioned to have 2 bedrooms, and one story. Approved Site Plan: _R Existing Trees to Remain In Open Space 6 j tt Zr -a—r !� ifs j�l•' ,Z I� I yW� W PROPOSED CONCEPTUAL SITE PLAN • This application proposes to modify the existing conditional zoning district (Case # Z18- 09) to construct a performance residential development consisting of 35 single - family detached homes with 3 bedrooms and two - stories with a maximum height of 35 feet. • A performance residential development provides flexibility in the design of subdivisions by not requiring a minimum lot size and by allowing for multiple housing types. However, these types of developments are subject to a maximum density requirement. Performance developments within the R -10 district are permitted a maximum density of 3.3 dwelling units per acre, which equates to a maximum of 55 dwelling units on the subject property. The applicant has proposed 35 dwelling units with a density of 2.16 dwelling units per acre. • By not requiring a minimum lot size, performance developments allow flexibility for additional land to be utilized for open space and stormwater purposes. In this case the applicant has proposed that 60% of the approximate 16.76 acres be preserved as open space. Preservation of existing trees located on the western portion of the parcel in the proposed open space area will create a buffer between the proposed homes and the existing neighborhood. Z18 -09M Staff Summary BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 5 - 2 - 3 Page 3 of 8 Proposed Site Plan: TRANSPORTATION • Access is provided to the subject property by Bountiful Lane (SR 2600) which connects to Castle Hayne Road (NC 1 33) by way of and Oakley Road (SR 1329). • As part of the development review process, the applicant must obtain a driveway permit from the NCDOT. • Typically, single - family dwellings generate approximately one trip in the peak hours, while townhomes generate approximately 0.5 trips in the peak hours • The applicant was not required to conduct a Traffic Impact Analysis (TIA) because the proposed development is not expected to generate more than 100 trips during peak hours. • According to the applicant the peak hour trips generated from 35 single - family homes are estimated to be about 26 trips in the AM and 35 trips in the PM. The existing site plan with 55 townhomes is estimated to be about 25 trips in the AM and about 31 trips in the PM which results in a net increase of about 1 trip in the AM and about 4 trips in the PM. • Because a TIA was not required to analyze intersection impacts, staff has provided the volume to capacity ratio for Castle Hayne Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through an intersection is generally considered a more effective measure when determining the Level of Service of a roadway. The volume to capacity ratio indicates capacity currently exists in this area to accommodate the small change in estimated trips. Z18 -09M Staff Summary BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 5 - 2 - 4 Page 4 of 8 Traffic Counts - 2018 Road Location Volume Capacity V/C Castle Hayne Road 1,000 feet south of 14,256 15,860 0.90 -' SAIL` rj-j � Rockhill Road R Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses ZAR _ 1 �,°"` J-- -✓ Approved q y 1 Under Review Under Draft -' SAIL` rj-j � _ Sy] _WIND R p0 R,�E TI Approved Wave Bus Stop STIP Project 0 0.225 DIAMOND i i 1 Mile Radius A7' F r C �_ -- RIER FA W n F SW ARiNILLf w o A� VV OLD MILL m Z HARVE57 ,= ✓' I �I - n aoudtFuL .�i� STIP Project oLLAN� U -5863 1v RTH COUNTY -ARC Z 18 -09M J Miles 0.45 RNETT 7- Nearby NC STIP Projects: STIP Project U -5863 o Project to widen Castle Hayne Road from 1 -140 to MLK Parkway. O Current production schedule for this project is to begin right -of -way acquisition in 2020 and bidding of the project in 2022. However, the draft STIP, which will be finalized in September, has moved the dates for right -of -way acquisition to 2021 and bidding of the project to 2024. Z18 -09M Staff Summary BOC 1.6.2020 Page 5 of 8 Board of Commissioners - January 6, 2020 ITEM: 5 - 2 - 5 1 �,°"` J-- -✓ WHITMAN 1 -' SAIL` rj-j � _ Sy] _WIND R Riverside R,�E TI Approved DEL J Miles 0.45 RNETT 7- Nearby NC STIP Projects: STIP Project U -5863 o Project to widen Castle Hayne Road from 1 -140 to MLK Parkway. O Current production schedule for this project is to begin right -of -way acquisition in 2020 and bidding of the project in 2022. However, the draft STIP, which will be finalized in September, has moved the dates for right -of -way acquisition to 2021 and bidding of the project to 2024. Z18 -09M Staff Summary BOC 1.6.2020 Page 5 of 8 Board of Commissioners - January 6, 2020 ITEM: 5 - 2 - 5 O This project will widen Castle Hayne Road by adding a center turn lane or median to certain sections of the Road. • Based on the preliminary 25% plans, left turns to enter and exit Chadwick Ave (the residential community directly south of the site) would still be permitted. However, a median would be installed along Horne Place Drive (a residential community located north of • NCDOT will install a traffic signal at the intersection of Oakley Road and Castle Hayne Road. According to the NCDOT the project is on hold due to budget restrictions. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses will expire if the proposed development is not completed by the build out date established within the TIA. Proposed Land Use /Intensity TIA Status Development • Phase 1: 100 single - family 1. Riverside dwellings • Approved August 13, 2015 • Phase 2: 65 single - family and • 2019 Build Out Year homes 72 multi - family units The TIA required improvements be completed at the intersection of N. Kerr Avenue and Castle Hayne Road. The notable improvements consisted of: • Installing a separate eastbound right turn lane and extending the existing eastbound left turn lane on Riverside Drive at the intersection of Castle Hayne Road. • Signal modification Nearby Proposed Developments included within the TIA: • River Bluffs • Trasco (Fedex) Distribution Center Development Status: Subdivision infrastructure is under construction. Currently a temporary signal layout and temporary markings are installed. Final signal layout and markings have been designed and NCDOT is coordinating a timeline for installation with the developer. ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The applicant has found no evidence of regulated wetlands within area of the property to be developed. • The property is within the Ness Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) and Class III (severe limitation) soils, however, the project will connect to CFPUA sewer services. Z18 -09M Staff Summary BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 5 - 2 - 6 Page 6 of 8 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. Specific goals of the comprehensive plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. Future Land Use Map Place Type General Residential Focuses on lower- density housing and associated civic and commercial Place Type services. Typically, housing is single - family or duplexes. Commercial uses Description should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. The intent of the General Residential place type is to preserve existing residential neighborhoods and provide opportunities for similar lower density residential development and supportive commercial, civic, and recreational development. The proposed modification of the R -10 Analysis conditional zoning district would still allow for the conservation of several acres of land and provide residential development at a density consistent with the intent of this place type and similar adjacent residential neighborhoods. The proposed modification to the conditional R -10 zoning district is Consistency generally CONSISTENT with the 2016 Comprehensive Plan because it provides residential development similar to the density of adjacent Recommendation neighborhoods and is in line with the density recommendations for General Residential. Z18 -09M Staff Summary BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 5 - 2 - 7 Page 7 of 8 PLANNING BOARD ACTION The Planning Board considered this application at their November 7, 2019 meeting. At the meeting, no members of the public spoke in opposition or in support of the proposed modification. The Board recommended approval (7 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the preferred range of the General Residential place type. The Planning Board also found APPROVAL of the modification to the existing conditional R -10 district reasonable and in the public interest because it provides for infill residential development that is compatible with the existing pattern of the area, while protecting environmental resources by clustering structures and infrastructure. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation. Z18 -09M Staff Summary BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 5 - 2 - 8 Page 8 of 8 Case: Site Address: Existing Zoning /Use: Z18 -09M 500 block (CZD) R -10 Bountiful Ln �/7 1 � / jjM �1 Subject Site R -2 750 Feet Board of Commissioners - Janu ITEM: 5 - 3=1� Proposed Use /Zoning: Single - Family Residential/ (CZD) R -10 R -15 z isW Water 1 Sewer Zoning Districts A -1 EDZD PD R -20S SC AR 1 -1 R -10 L] R -7 B -1 ■ 1 -2 R -15 L— RA B -2 0&1 R -20 ® RFMU Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD! See Section 55.1 of the Zoning Ordinance Incorporated Areas (SHOD Case: Site Address: Z18 -09M 500 block Bountiful Ln Existing Zoning /Use: (CZD) R -10 C Subject Site NTI F_U L -, 'CONSERVATION 750 Feet Board of Commissioners - Janu ITEM: 5 - J E RAL// ENTIAL Proposed Use /Zoning: Single - Family Residential/ (CZD) R -10 N n z Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Z18 -09M W Site Address: 500 block Bountiful Ln � r • ru V 400r 404 2929 • *40 • / 2928 2925 • 405—z 923 2924 r • `— 9121 2920 • ____ * I y2912 �A • 1 2918 2915 2906 r • • 2902 r 750 Existing Zoning /Use: (CZD) R -10 w 3009 �3007 3008 3005 r r 3008 ' G r cc 3004 3003 416 420 'm r 0 500 � 413-4.17 -409 4 I • •421 • 501 -2021 2023 Subject Site 557 r 561 �FO 211 • r 2031 2033 2025 2027 r • • • 2113 2019 �r 7 r � 2109 —2107 2015 Feet ?Is witf �RajdTt& rnmissioners - Janu ITEM: 5 - 5=1� Proposed Use /Zoning: Single - Family Residential/ (CZD) R -10 N 3013 3010 n i 008 • R -20 suus ;40 0- • r l 3000 2205 3 • UL LN � 12202. 3021 2206, 2133 202 • 1 • 2202 30211 r 2129 • • 3021 • 2123 2125 3021 3021 • 2126'-3021• • 3021 2121 r • 3021f •3021 r -- - - -% r 3021 2111/ 2108 3021 + 21 i 3021 210 3.1 00211 3021 • 3020 2101 • 3021 • • r 3021 r a 3021 3021 302-" + 100 3021 • 0 3021 • r 3021 • 3021 2026 • •3021 3021 • 3 *1 • r •3021 2014 • RD Site i R -15 APPLICANT MATERIALS Board of Commissioners - January 6, 2020 ITEM: 5 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (910) 798 -7053 planningdevelopment.nhcg ov.com CONDITIONAL ZONING DISTRICT Application t f, -APP lieant/Agent Information Property Owner(s) If different than App rmn+lAgent Name Owner Name CINDEE WOLF CH BOUNTIFUL OPERATING, L.L.C. Company Owner Name 2 DESIGN SOLUTIONS MICHAEL J ROKOSKI - MANAGER Address Address PO BOX 7221 PO BOX 1328 City, State, Zip City, State, Zip WILMINGTON, NC 28406 WRIGHTSVILLE BEACH, NC 28480 Phone Phone 910 - 620 -2374 910 - 256 -2514 Email Email CWOLF @LOBODEMAR.BIZ MJROKOSKI @GMAIL.COM ' Subject Property Information Address /Location 561 BOUNTIFUL LANE Parcel Identification Number(s) 322017.01.6766 [R03300- 001 - 037 -000] Total Parcel(s) Acreage 16.76 ACRES +/- Existing Zoning and Use(s) (CZD) R -10 / VACANT - APPROVED FOR 55 TOWNHOME -STYLE RESIDENTIAL UNITS Future Land Use Classification GENERAL RESIDENTIAL Application Only) Case Number Date/Time received: Received by: rI Board of Commissioners - January 6, 2020 Page 3 of 7 ITEM: 5 - 7 Cqnditional Zoning District Application — Updated 5/2017 Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) R -10 /Mod if ication Total Acreage of Proposed District: 16.76 AC. Only uses allowed by right in the corresponding General Use District are eligible for con side ration within a Conditional Zoning District. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (please provide additional pages if needed). The purpose of the R -10 district is to encourage medium density development where adequate services are already available. The proposal is to substitute single - family lots for the previously approved attached townhome- style housing. The division is still proposed by performance development standards, but reduces the total units from 55 to 35. They remain clustered in the same limits of disturbance thereby preserving more land area for open space. Proposed Condition(s) Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding General Use District regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. Reference the site plan for project layout. The proposed layout clusters the lots to minimize the limits of disturbance and clearing of existing vegetation - thereby adding natural buffering. A private street right -of -way with the required improved x- section will be dedicated for vehicular access. A sidewalk will be constructed along one side of the street for safe pedestrian circulation. Board of Commissioners - January 6, 2020 Page 4 of 7 ITEM: 5 - 7 - conditional Zoning District Application — Updated 5/2017 Traffic Impact Please provide the estimated number of trips generated forth e proposed use based off the most recent version of the Institute of Transportation Engineers (IT E) Trip Generation Manual. AT raffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: 210 - SINGLE - FAMILY HOMES Trip Generation Use and Variable (gross floor area, dwelling units, etc.): _PER DWELLING UNIT @ 35 LOTS AM Peak Hour Trips: 26 PM Peak Hour Trips: 35 CONSIDERATION OF A CONDITIONAL ZONING DISTRICT The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of very dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community -at- large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Use Zoning District meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development? (For example: the Comprehensive Plan and applicable small area plans) The policies for growth and development encourage safe and affordable housing to be available to every citizen. Sustainability of the County depends on sensible in -fill and maximizing use of lands already_ accessible to urban services. Increased density of development not only adds to the tax base, but makes better use of the existing infrastructure. 2. How would the requested Conditional Zoning District be consistent with the property's classification on the Future Land Use Map located within the Comprehensive Plan? This property is already zoned for moderate density and the modification proposal only modifies the housing product type from an attached/ townhome -style to single - family detached homes. The area already has public services available to it. Clustering by performance standards allows for conservation of more environmentally sensitive land. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The construction of the 1 -140 by -pass with an interchange at Castle Hayne Road has made this area of the County more attractive for housing opportunities because of the increased ease of commuting from home to jobs and services. The area of the subject site has a mixture of R -20, R -15 and R -10 districts. Adding modest increase of density for new development is not uncommon. Board of Commissioners - January 6, 2020 Page 5 of 7 ITEM: 5 - 7 - conditional Zoning District Application — Updated 5/2017 APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N /A ". Applications must be complete in order to process for further review. Required Information Applicant Staff Initial Initial 1 Complete Conditional Zoning District application. CAW 2 Application fee — ($600 for 5 acres or less, $700 for more than 5 acres. An additional $300 fee must be provided for applications requiring TRC review). CAW 5 3 Community meeting written summary. PENDING 4 Traffic impact analysis (for uses that generate more than 100 peak hour trips). N/A 5 Legal description (by metes and bounds) or recorded survey Map Book and Page reference of the property requested for rezoning. CAW 1005 fp 6 Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads. • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. CAW • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage. • The one hundred (100) year floodplain line, if applicable. • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance. • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change Ref. Article VII, as applicable). 7 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard ��copies may be required by staff depending on the size of the document site plan. CAW 8 1 PDF digital copy of ALL documents AND plans. CAW S Board of Commissioners - January 6, 2020 Page 6 of 7 ITEM: 5 - 7 Cgnditional Zoning District Application — Updated 5/2017 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Zoning District zoning for which is being applied. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application r "s complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /'agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Act on my behalf without €imitations with regard to any and all things directly or indirectly connected with or arising out of this application.- �F Michael J Rokoski Signar r �oF PrYOwner(s) Print Names) CindL-e Wolf / Design Solutions Signat a of AppliGaR /A9ent Print [Name NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning webske will be required. z I� E Page 7 of 7 Conditional Zoning District Application Updated 5/2017 Board of Commissioners - January 6, 2020 ITEM: 5 - 7 - 5 Design Soiutioy.s Transmittal October 21, 2019 To: Bountiful Lane Area Neighbors From: Cindee Wolf Re: Bountiful Village Homes As you may recall, the New Hanover County Board of Commissioners approved a 54- unit residential townhome community, on the 16+ acres tract of land at 561 Bountiful Lane, in August, 2018. The owners have actively been completing the detailed engineering design and construction permitting to install the road, water/ sewer utilities and stormwater management facilities. Based on trending housing preferences, the developer has decided to change the plan to provide thirty -five (35) single- family building lots instead of the fifty -four (54) townhomes. The project density is reduced to 2.1 units per acre. The clearing limits and overall street layout will remain the same. The homes will be 1- and 2 -story houses on individual parcels instead of "attached" housing. Since the Conditional Zoning District approval was layout- specific, the modified plan needs to be amended formally by the Commission. Copies of both the existing plan and the modified plan are attached. You are welcome to contact me at Telephone: 910 - 620 -2374, or Email: cwolf @lobodemar.biz with comments and /or questions. I would also be happy to meet with you individually for further explanation of the proposal, project improvements, benefits and impacts. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. P.D. 130x 7221, WilwkiKgton, NC 2.8406 * Telepkone: 910 -62-0 -2374 * Email: cwolf @lobodevvtar.biz Board of Commissioners - January 6, 2020 ITEM: 5 - 7 - 6 latural )odland 1 - Awl Natural 25 26 27 29 Woodland 24 Rf Open Space 33 F30 31 32 New Private Street 23 Open 13 Space 12 22 14 21 • B 20 CI 19 18 17 16 .--Ho Natural Woodland Board of Commissioners - January,115, ,2 Y ITEM: 5 7 - 7 10 1 9 1 8 7 ZYAJ, 35 • 34 2 3 4 5 A� .A Vicinity Map (No Scale) 51te Inventory Notes: I . 5oils Type: Do (Dorovan) Trinity Tabernacle Ke (Kenan5ville fine sand) No (Norfolk fine sandy loaf Praise * Deliverance On (On5low loamy fine San Wr (Wrightsville fine sandy 2. This property 15 not impacted 3. There are no Conservation O\ Zoning: R -20 affecting the limited devel 4. Th15 site 15 not impacted by a Vacant historic or archeological =_ 5. No cemeteries were evidence G. Existing vegetation will be loc detailed design * permltti 7. There 15 no evidence of,juri5c within the limited develop 8. There 15 no evidence of ends habitat issues on the site 9. The limited development area 15 not within any flood hat on N.C. Flood Map No. 3 dated 04/03/06. 10. The site drainage flows 1n1 River drainage basin. ``111111III##f /ll CA �' ANDS 7 <Gj'G2 E 'fill fill ItIltoll Utility Notes: I . Existing water and sanitary sewer services are currently available to extend to the 51te from Cape Fear Public Utility Authority public mains. 2. All utility services, such as electric power, CATV, gas * telephone shall be installed underground. 3. All water * sewer utilities to be installed per CFPUA Technical 5peciflcation5 * Standards. 4. Project shall comply with CFPUA Gross Connection Control requirement5. Water meters) cannot be released until all requirement5 are met and N.C.D.E.N.R. has issued their "Final Approval. ". Call 343 -39 10 for information. 5. Any backflow prevention devices required by the CFPUA will need to be on the list of approved devices by U5CFCCCHR or A55E. G. The contractor 15 responsible for the location and protection or existing utilities during construction. Call U -LOCO at 1 -800- 632 -4949. Contractor 15 re5pon5ible for the repair and replacement of any utilities, curb * gutter, pavement, etc. that may be be damaged during construction. Damaged items shall be repaired to at least the quality or workman5hlp found in the original item. 7. 5olid waste di5po5al will be by private contractor / hauler. Tree Pre5ervatlon Notes: I . Tree Pre5ervatlon / Removal Permit 15 required prior to clearing � land disturbance. 2. Prior to any clearing, grading or construction activity, tree- protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing 15 to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirement5 and methods. 4. Protective fencing will be labeled with Signs to be placed every fifty (50) linear feet, or at least two (2) signs per area, in both English � Spanish - "Tree Protection Area / Do Not Enter." n/f Gloria E. Houck 1 n/f Paula Anne Pellerlte etal D.B. 5496 -1 198 Zoning: R -20 Memory Lane, (50'' Public PIN) Board of Commissioners - January 6, 2020 ITEM: 5 - 7 - 8 Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State * New Hanover County regulatlon5. Development Data: Total Tract Area - minu5 CIa55 IV Sods - (not applicable) minus Natural water features - (not applicable) Total Development Area - Performance Re5identlal Density - 1 6.76 ac. @ 3.3 units/ac. (R -10 Density) _ Total Units Permitted - 55 ** 55 Un1t5 Proposed ** Parking: Req'd. at 2 spaces per unit = 110 ** Spaces prov'd. = 124 ** ount'f,ii bane (G0/ Publjc RIM w� /f 1 n/f n Russell P, Doris A. n/f Hoy, Jr. 1 Buchanan n/f Nicole 5hanal D.B. 5768 -1435 D.B. 4930-201 Apple Parry 1 Zoning: R- n/f Valley, Inc. Land use: Cnthia 1 D.B. 5973 -179 1 Zoning: R -20 Zoning : R,-20 rama : -20 D e y Land Use: Land Use: D.B. 1604 -965 g Meredith Zoning: R -20 Residential Residential 1 D.B. 5383 -2146 1 land Use: Residential i 1 Zomng: R -20 Land Use: Residential 655 -7 .� I I a2° 5 0 u{{e yard f / N Z0 per�meter�ack'.� 47 46 45 All existing vegetation jl to remain undisturbed ; 44 preserved for visual pp ld buffering 43 42 41 8.6 Ac.t - 40 Pa551ve / Rec Area / 39 38 r� Existing veJ- t'tlon to remain undisturbed I" pre erved for visual buffering n/f Trinity Tabernacle n/f Mattle 0. Praise * Deliverance Paulter D.B. 5259 -1395 D.B. 1442 -407 Zoning: R -20 Land Use: Zoning: R -20 Vacant Land Use: Vacant _ 5' Utll. E5mt. 5 84'5715" E 55 54 19 18 / p Active 17 1 6 „f ` Pump sta. ,r'' ') Rec Area 1 � I I ' Active Rec Area, _ 35 f _ 20 I N 82° 19'15" West 34 3 3 i 2 L- I n/f +' Linda f / -- -- ,✓ -- - - -- - Worrell 22 I D.B. 1299 -1677 a 32 Zoning: R -20 l j f Land Use: i if +r 2 27 Residential `I I Sbr wager f Pond - - ° (V 3 1 30 29 28 27 26 25 24 I iii N p - N \ y I N n/f 0 5amuel M. Glazier, Jr. etal zs D.B. 505 1-195 10; 1 6.76 ac. t Recreation Space - -0- 55 x 0.03 ac. /unit = I .65 ac. required Active Rec Area Prov'd. - 2.0 ac.± -0- Passive Rec Area Prov'd. - 8.6 ac. t 1 6.76 ac. 1 Surface Coverage: Rooftops - 74,250 5.f.t Pavement - 49,748 s.f.± 51dewalk5 - 12,274 5.f.± Total - 1 36,272 5.f.t (1 8.7 %) n/f Everett Carlton Wanda G. Akers D.B. 4974 -1 120 Project No.: 18 -12 Scale: I " =60' Date: 06/13/18 RCVI5on5: 06/28/ 18 for prelim review comments Zoning: R -20 Land Use: Residential I I I I Zoning: R -20 Land Use: Residential (50' Public R/W) 555.82' 5' Ut11. E5mt. T. 29 / n/f David Blue � 1 Jackie 5. McKelthan D.B. 1493 -1477 2 / ! Zoning: R -20 Land Use: - / Residential 3 n/f 4 1 / William L I ��L Donna Cooper �D D.B. 1 126 -333 5 Zoning: R -20 Land Use: /' Residential - l� u �m w 8 /e co 9 / 0) � n/f Linda 10 / D.B. 840 -693 n/f Stephen h. Mary P. Turner D.B. 1 266 - 1 829 Zoning: R -20 Land Use: Residential �v 2� o / General Notes: I . New Hanover County Parcel No.: 322017.0 1 .6766 2. Tract Area: 1 6.76 ac. t 3. Zoning District: Existing - R -20 Proposed - (CZD) R -10 4. Comprehensive Plan Classification: General Re5identlal PITA Z'' Graphic 5cale 60 40 20 0 30 60 120 E PROPOSED SITE PLAN Board of Commissioners - January 6, 2020 ITEM: 5 - 8 - 1 Site Inventory Notes: 1. Soils Type: Do (Dorovan) Ke (Kenansville fine sand) No (Norfolk fine sandy loam) On (On5IOw loamy fine sand) Wr (Wrightsville fine sandy loam) 2. This property is not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting the limited development area. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Existing vegetation will be located during detailed design * permitting. 7. There is no evidence of jurisdictional wetlands within the limited development area. 8. There is no evidence of endangered species or habitat issues on the site. 9. The limited development areas of this project is not within any flood hazard area as evidenced on N.C. Flood Map No. 3720322000J, dated 04/03/06. 10. The site drainage flows into the Cape Fear River drainage basin. `1111111111 / / /j� �O ; _ Q � 746<\ y //14111A11 n/f Charles Cherie Crawford D. B. 53 10 -1440 Zoning: R -20 Land Use: Residential Z SS �O 00" n/f Oakley Plantation D.B. 1500-1718 Zoning: R -20 Land Use: Vacant ITEM: 5 - 9 - 1 Soils Map special Flood liarzard Boundary AE (BFE 8) 282 1 i (Scale: I" = 400) n/f John Alexander Melton D.B. 4953 -71 Zoning: R -20 Land Use: Residential 00 �O. Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all federal, State t- New Hanover County regulations. special Flood ilarzard Boundary AE (BFE 8) n/f Gloria E. Houck D.B. 1732-959 Zoning: R -20 Land Use: Residential n/f Katie S. Gray D.B. 5086 -707 Zoning: R -20 Land Use: Residential N 04 °3700" W 43.02' D. B. 5496- 1 198 Zoning: R -20 Land Use: Residential N 1 4 °30' 1 1" W 60.00' N 02 °274 1 " E 75.00' All existing vegetation to remain undisturbed preserved for visual buffering Memory Lane (50' Public PI/ w) R000tjuu Le an V N °7 8 = =E All existing vegetation to remain undisturbed # preserved for visual buffering - - _ N 89 °4414 1 " W 102 1.09' Utility Notes: Tree Preservation Notes: R° kmn Rd zoning: R -20 I . Existing water and sanitary sewer services are I . Tree Preservation / Removal Permit is required prior Residential currently available to extend to the site from Cape to clearing * land disturbance. E Fear Public Utility Authority public mains. v 2. Prior to any clearing, grading or construction activity, tree 5 n 2. All utility services, such as electric power, CATV, protection fencing will be installed around protected trees or gas * telephone shall be installed underground. groves of trees and no construction workers, tools, materials, < or vehicles are permitted within the tree protection fencing. v 3. All water * sewer utilities to be installed per o CFPUA Technical Specifications � Standards. 3. Protective fencing is to be maintained throughout the duration rr of the project. Land clearing and construction contractors 4. Project shall comply with CFPUA Cross shall receive adequate instruction on tree protection Connection Control requirements. Water meters) requirements and methods. cannot be released until all requirements are met and N.C.D.E.N.R. has issued their "Final Approval. ". 4. Protective fencing will be labeled with signs to be placed every Call 343 -39 10 for information. fifty (50) linear feet, or at least two (2) signs per area, in both English $ Spanish -'Tree Protection Area / Do Not Enter." Ritter Rd 5. Any backflow prevention devices required by the CFPUA North County Dr J,\ will need to be on the list of approved devices by USCFCCCHR or ASSE. G. The contractor is responsible for the location and protection or existing utilities during Ave construction. Call U -LOCO at I - 800 -G32 -4949. vo,tman Contractor is responsible for the repair and replacement of any utilities, curb * gutter, pavement, etc. that may be be damaged during construction. Damaged items shall be Vicinity Map repaired to at least the quality or workmanship found in the original item. (No Scale) 7. Solid waste disposal will be by private contractor / hauler. Site Inventory Notes: 1. Soils Type: Do (Dorovan) Ke (Kenansville fine sand) No (Norfolk fine sandy loam) On (On5IOw loamy fine sand) Wr (Wrightsville fine sandy loam) 2. This property is not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting the limited development area. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Existing vegetation will be located during detailed design * permitting. 7. There is no evidence of jurisdictional wetlands within the limited development area. 8. There is no evidence of endangered species or habitat issues on the site. 9. The limited development areas of this project is not within any flood hazard area as evidenced on N.C. Flood Map No. 3720322000J, dated 04/03/06. 10. The site drainage flows into the Cape Fear River drainage basin. `1111111111 / / /j� �O ; _ Q � 746<\ y //14111A11 n/f Charles Cherie Crawford D. B. 53 10 -1440 Zoning: R -20 Land Use: Residential Z SS �O 00" n/f Oakley Plantation D.B. 1500-1718 Zoning: R -20 Land Use: Vacant ITEM: 5 - 9 - 1 Soils Map special Flood liarzard Boundary AE (BFE 8) 282 1 i (Scale: I" = 400) n/f John Alexander Melton D.B. 4953 -71 Zoning: R -20 Land Use: Residential 00 �O. Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all federal, State t- New Hanover County regulations. special Flood ilarzard Boundary AE (BFE 8) n/f Gloria E. Houck D.B. 1732-959 Zoning: R -20 Land Use: Residential n/f Katie S. Gray D.B. 5086 -707 Zoning: R -20 Land Use: Residential N 04 °3700" W 43.02' D. B. 5496- 1 198 Zoning: R -20 Land Use: Residential N 1 4 °30' 1 1" W 60.00' N 02 °274 1 " E 75.00' All existing vegetation to remain undisturbed preserved for visual buffering Memory Lane (50' Public PI/ w) R000tjuu Le an V N °7 8 = =E All existing vegetation to remain undisturbed # preserved for visual buffering - - _ N 89 °4414 1 " W 102 1.09' n/f Woodrow Randall zoning: R -20 Glazier Land Use: D.B. 50G5-14G Residential Development Data: Total Tract Area - minus Class IV Soils - (not applicable) minus Natural water features - (not applicable) Total Development Area - Performance Residential Density - I G.7G ac. @ 3.3 units /ac. (R -1 0 Density) _ Total Units Permitted - 55 ** 35 Lots Proposed ** Total Area in Lots - 5.3G ac.± Total Area in R/W - 0.97 ac.± Total Areas in Common Area - 1 0.43 ac.± Min. Lot Size - 5739 s.f. Max. Lot Size - 10,880 s.f. Avg. Lot Size - GG74 s.f. I G.7G ac.± Recreation Space - -0- 35 x 0.03 ac. /unit = 1.05 ac. required Active Rec Area Prov'd. - 2.0 ac.± -0- Passive Rec Area Prov'd. - 8. 1 ac.± I G.7G ac. ± Height - 2-story/ 35' max. Typical Home - 3- bedroom Relocated Drainage Ditch nn D.B. 4985 -165 n/f Trinity Tabernacle n/f (G0, Zoning: R -20 Praise � Deliverance MPaulteattle 0. PhU Land Use: D.B. 5259 -1395 `/I'C SS \ Residential D.B. 1442 -407 Ex \M � Zoning: R -20 Use: SS M\ \ Land Zoning: R -20 �V \ Vacant Land Use: Vacant \ M� 15 "'CMP \ � � 5' Ut11. Esmt. Nf \ W3 Doris A. x fs'� m Buchanan a \ rvf (5 0' Public I�/W) D.B. 4930 -201 � � Valley, Inc. Zoning: R -20 Ex I5 "CMP zoning: R -20 Land Use: S 89 °03'3G" E Land Use: D.B. I G04 -965 Drainage 44.47 Residential / - - U 3' / % r - /� 20' Perite`S back 5' Ut11. Et. sm / r \_ 20' Perimeter Setback // - / %/� O n/f 5ane� /'3 5 ° 30 David Blue / eme j / Lg I ` Jackie S. McKeithan < j % A Lift \� / \ D.B. 1493 -1477 / �/ • Station I I I� �� 1381 TZoning: R-20 / Land Use: y/ �� I 3 I / Residential 2 Active A�� °, Rec Area _ _ _ 1\ 55' 55' 55' 55 \ n/f 40 h William L Donna Cooper D.B. I 1 2G -333 u ' - i Zonin R -20 2� 0 29 30 3 �- 3 2 .03, / ^� Land Use: '��' - - -- o � � � Residential 26 -- 55' _ 55' J *= \ 77' / ,001 New Private Street 5 37' 55' / 0) n/f / 55' 55' A5' , 55 45' / V 1 // Worrell \ / D B 840 -G93 n/f Everett Carlton Wanda G. Akers D.B. 4974 -1 120 Project No.: 18 -12 Scale: 1" =G0' Date: 10/08/19 RCVISOns: 10/ 14/) 9 for T- Turnaround 1 1 I OG' 1 u I� ICI II O ` \ IIIN N 10 V lb 20' Perimeter Setback / 55' 55' N 8G °25'39" n/f Linda Worrell D.B. 1 299 - I G77 Zoning: R -20 Land Use: Residential n/f Samuel M. Glazier, Jr. etal D.B. 505 1 -195 Zoning: R -20 Land Use: Residential 3:1 MAX. � SLOPE TO GRADE VALLEY �� "� ABC GUTTER Typ. Private Road X- Section (w/ Valley Gutter) VALLEY GUTTER n/f Stephen H. Mary P. Turner D.B. 1 2GG -1829 Zoning: R -20 Land Use: Residential 3:1 MAX. i SLOPE TO GRADE Zoning: R -20 Land Use: Residential / �K`\ �O / q� * o� � General Notes: I . New Hanover County Parcel No.: 3220 17.0 1 .G7GG 2. Tract Area: I G.7G ac.± 3. Zoning District: Existing - R -20 Proposed - (CZD) R -1 0 4. Comprehensive Plan Classification: General Re5idential Graphic Scale GO 40 20 0 30 60 120 E NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2020 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S):Gideon Smith, Current Planner; Brad Schuler; and Wayne Clark, Planning and Land Use Director SUBJECT: Quasi - Judicial Hearing Special Use Permit Request (Z17 -09) — Request by Coastal Land Design, on Behalf of the Property Owner, Preservation Point Partnership, LLC, for a Special Use Permit for a Community Boating Facility Located on 134.9 Acres of Land Located Within the Preservation Point Development and Near the 100 Block of Brentwood Drive (The previously issued Special Use Permit expired in August 2019) BRIEF SUMMARY: In 2017, a preliminary plan for a performance residential development consisting of 98 lots (Preservation Point — formerly River Breeze) was approved for multiple parcels directly to the east of the subject site. Later that same year, the subject site was rezoned to a Conditional Use R -15 district and a Special Use Permit was issued for a community boating facility located in the Northeast Cape Fear River consisting of 98 boat slips (Z17 -09). Since this approval, the applicant has conducted a hydrographic survey of the N E Cape Fear River at the request of the North Carolina Division of Coastal Management ( NCDCM) and New Hanover County Fire Services, reestablished and verified the location of the mean high and low water lines and the coastal wetlands, and has completed the required scoping meeting with the NCDCM to be eligible to apply for a CAMA Major Permit, which is required to construct the facility. Due to these requirements and the permitting process, the applicant was unable to obtain the necessary permits to begin construction within two years of approval, and therefore, the Special Use Permit for the community boating facility expired in August 2019. The proposed development consists of an approximately 10- foot -wide, 800 - foot -long boat dock containing 98 boat slips. The dock is connected to a 7.45 -acre island of uplands (San Souci Island). Access to the island will be provided by a 10- foot -wide boardwalk which spans approximately 1,400 feet east to the future Preservation Point subdivision. The boardwalk will allow pedestrian and golf cart access to the island and the proposed community boating facility. The community boating facility is a private, non -profit facility with no commercial activities being permitted. Each boat slip will be reserved for the home owners within the proposed subdivision. The island will contain an open -air pavilion containing restroom facilities, bike /walking trails, group picnic areas, natural viewing areas, pickleball courts, a 6 -hole miniature golf course, and kayak /canoe launches. The proposed community boating facility and boardwalk must obtain applicable permits from the NC Division of Coastal Management and the US Army Corps of Engineers. Board of Commissioners - January 6, 2020 ITEM: 6 Access is provided to the subject property via the Preservation Point subdivision that connects to both Castle Hayne Road (N.C. HWY 133) and Brentwood Drive (SR 1313). As the community boating facility is a private facility with no commercial activities being permitted, it is not expected to generate any additional trips outside of those generated by the proposed subdivision. A Traffic I mpact Analysis for the Preservation Point subdivision and associated future commercial uses to be located on the east side of the site zoned B -2 was approved by NCDOT and the WMPO in August 2019. The notable improvements for the residential component consist of constructing a right and left turn lane to exit the subject site onto Old Castle Hayne Road. The notable improvements for the commercial uses consist of constructing an eastbound right turn lane onto the main section of Castle Hayne Road that leads to the access ramps for Martin Luther King, Jr. Parkway. The proposed community boating facility is classified as Conservation in the 2016 Comprehensive Plan and is generally CONSISTENT with the goals of the 2016 Comprehensive Plan because it provides low - impact recreation in an environmentally sensitive area. The Planning Board considered this application at their November 7, 2019 meeting. No members of the public spoke in favor or in opposition of the proposed Special Use Permit. The Planning Board recommended approval of the application (7 -0) and did not place any conditions on the proposal. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to recommend approval, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to recommend denial, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4 . Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Board of Commissioners - January 6, 2020 ITEM: 6 [State the finding(s) that the application does not meet and include reasons why it is not being met] ATTACHMENTS: Z17 -09 Script BOC Z17 -09 Staff Report BOC Z17 -09 Zoning Map Z17 -09 Future Land Use Map Z17 -09 Neighbor Mailout Map Applicant Materials Cover Z17 -09 Application Package Proposed Site Plan Z17 -09 Proposed Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff unless greater weight of the competent and material evidence presented during the public hearing suggests that one or more of the required conclusions cannot be met. COMMISSIONERS' ACTIONS: Approved 4 -1, Commissioner Zapple dissenting. Board of Commissioners - January 6, 2020 ITEM: 6 SCRIPT for SPECIAL USE PERMIT Application (Z17 -09) Request by Coastal Land Design, on behalf of the property owner, Preservation Point Partnership, LLC, for a Special Use Permit for a community boating facility located on 134.9 acres of land located within the Preservation Point development and near the 100 block of Brentwood Drive. The previously issued Special Use Permit expired in August 2019. 1. Swear witnesses: Announce that "the Special Use Permit process requires a quasi - judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you." 2. This is a quasi - judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 4. Close the hearing 5. Board discussion b. Ask Applicant whether he /she agrees with staff findings. 7. Vote on the Special Use Permit application. ElMotion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) ElMotion to deny the permit because the Board cannot find: ® a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: ® b. That the use meets all required condition and specifications: F1c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: Board of Commissioners - January 6, 2020 ITEM: 6 - 1 - 1 d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] STAFF SUMMARY OF Z17 -09 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: Z17 -09 Request: SUP to develop a community boating facility consisting of 98 boat slips Applicant: Property Owner(s): Frank Braxton of Coastal Land Design Preservation Point Partnership, LLC Location: Acreage: 100 block of Brentwood Drive 134.9 PID(s): Comp Plan Place Type: R04100- 001 - 002 -000 Conservation Existing Land Use: Proposed Land Use: Undeveloped Community Boating Facility Current Zoning: Proposed Zoning: (CUD) R -15 (CUD) R -15 SURROUNDING AREA LAND USE ZONING North Undeveloped 1 -2 East Undeveloped, Future Preservation Point subdivision R -15 South Undeveloped, Industrial Uses 1 -2, IND (City of Wilmington) West NE Cape Fear River/Manufacturing 1 -2 Z17 -09 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 6 - 2 - 1 Page 1 of 10 ZONING HISTORY July 1, 1972 Initially zoned 1 -2 (Area 9A) August 21, 2017 (CUD) R -15 to develop a community boating facility consisting of 98 boat Environmental Health department on the specific design of the private well slips (Z17 -09). The SUP expired on August 21, 2019. COMMUNITY SERVICES Private water and septic will be utilized for this development. The Water /Sewer applicant is currently in communication with the New Hanover County Environmental Health department on the specific design of the private well and septic system. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire Archaeological District, New Hanover County Wrightsboro Station Schools Wrightboro Elementary, Eaton Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES The vast majority of the subject property contains brackish marsh, which is Conservation subject to the standards of the Conservation Overlay District. The applicant must obtain all necessary permits from the Division of Coastal Management and the US Army Corps of Engineers. Historic The marsh areas of the property were once used for rice production. Archaeological No known archaeological resources Z17 -09 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 6 - 2 - 2 Page 2 of 10 HISTORY AND PURPOSE OF SUP RENEWAL • In 2017, a preliminary plan for a performance residential development consisting of 98 lots (Preservation Point — formerly River Breeze) was approved for multiple parcels directly to the east of the subject site. Later that same year, the subject site was rezoned to a Conditional Use R -1 5 district and a Special Use Permit was issued for a community boating facility located in the Northeast Cape Fear River consisting of 98 boat slips (Z17 -09). • Since this approval, the applicant has conducted a hydrographic survey of the NE Cape Fear River at the request of the North Carolina Division of Coastal Management ( NCDCM) and New Hanover County Fire Services, reestablished and verified the location of the mean high and low water lines and the coastal wetlands, and has completed the required scoping meeting with the NCDCM to be eligible to apply for a CAMA Major Permit, which is required to construct the facility. Due to these requirements and the permitting process, the applicant was unable to obtain the necessary permits to begin construction within two years of approval, and therefore, the Special Use Permit for the community boating facility expired in August 2019. ZONING CONSIDERATION AND PROPOSED SITE PLAN • The proposed development consists of an approximately 10- foot -wide, 800 - foot -long boat dock containing 98 boat slips. The dock is connected to a 7.45 -acre island of uplands (San Souci Island). Access to the island will be provided by a 10- foot -wide boardwalk which spans approximately 1,400 feet east to the future Preservation Point subdivision. The boardwalk will allow pedestrian and golf cart access to the island and the proposed community boating facility. • The community boating facility is a private, non - profit facility with no commercial activities being permitted. Each boat slip will be reserved for the home owners within the proposed subdivision. • The island will contain an open -air pavilion containing restroom facilities, bike /walking trails, group picnic areas, natural viewing areas, pickleball courts, a 6 -hole miniature golf course, and kayak /canoe launches. • Of the 134.9 acres included within the application, 127.45 acres will be preserved in conservation space. • The future subdivision is located within land already zoned R -15, and therefore, it is not included within this SUP application. The subdivision was reviewed by the Technical Review Committee in June and received preliminary plan approval in October of this year. • The proposed community boating facility and boardwalk must obtain applicable permits from the NC Division of Coastal Management and the US Army Corps of Engineers. Z17 -09 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 6 - 2 - 3 Page 3 of 10 Preservation Point �- IN .. a 4 _ � A �. �•.r°1'Y3: fir.: G Z17-09 Proposed Community Facility for Preservation Point l of 4, Preservation Point Prelirninar Plan Approval for 123 SF /27 MF Land also owned {•4 by the a plicant y Preservation Point B -2 Zoning District r{. -f Future Cornmerccl Area (Z19 -06) Above: Map highlighting the property included within the SUP application and the adjacent subdivision. Below: Plan illustrating the proposed development on San Souci Island and the proposed boat slips. Please see Sheets SP -01 and UTIL -01 of the submitted plans for additional details. z 0 rn 39 n a r� 70 Proposed 98 r Boat Slips Golf Cart i`i Path /Parkin Kayak/Canoe Launch Miniature Golf Open-air .pavilion restrooms �� ! *'•� � r gn Pickleball Courts .f Kayak /Canoe I Launch AMENITY ISLkND CTK«MW-M �..� .0u5 nWLOOl MAD mu INMINX GATHMG SPACE OW) Walking Trails Approximate location of septic field Z17 -09 Staff Report BOC 1.6.2020 Page 4 of 10 Board of Commissioners - January 6, 2020 ITEM: 6 - 2 - 4 TRANSPORTATION • Access is provided to the subject property via the Preservation Point subdivision that connects to both Castle Hayne Road (N.C. HWY 133) and Brentwood Drive (SR 1313). • As the community boating facility is a private facility with no commercial activities being permitted, it is not expected to generate any additional trips outside of those generated by the proposed subdivision. Therefore, a Traffic Impact Analysis (TIA) was not required to be completed for this application. • A Traffic Impact Analysis (TIA) for the Preservation Point subdivision was approved by NCDOT and the WMPO in August 2019. Per the approved TIA, Phase 1 will consist of 123 single - family detached residential dwellings (including the existing 98 lots approved in 2017) and 27 multi - family attached residential dwellings. The full build of the site (2023) will consist of the above mentioned residential dwellings, a 5,000 square foot day care center, a 3,000 square foot high- turnover sit -down restaurant, a 2,000 square foot coffee /donut shop with drive -thru uses, and a small office building for 20 employees. Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses STIP Project CASTLE CRF -, U -5863 Approved 0 CARisEir 'z TER a W� hER,�q 1 Mile Radius Under Review Hanover Lakes TIA Approved rioR.LAKE�/L.uouERLgxFS E Under Draft "`eF *lo Z17 -09 1, RL Top RK7O hq ++ r O FOIST �. STIP Project F p z U -5954 ' - Yt, �NL_ CONTINENTAL �� A AIRPORT .' Preservation Point _ - TIA Approved DIVISION ! r i �`� �� City of Wilmin9ton$�1N�UTy' STIP Project Y +FJREE MILL n E 0 0.25 ,\T SCIENTIRC PARK Miles o-mw 0.5 - LOS Y71M FEDERAL _E %PRESS 1 RAILROAa Z17 -09 Staff Report BOC 1.6.2020 Page 5 of 10 Board of Commissioners - January 6, 2020 ITEM: 6 - 2 - 5 Nearby NC STIP Projects: • STIP Project U -5863 o Project to widen Castle Hayne Road from 1 -140 to MLK Parkway. O Current production schedule for this project is to begin right -of -way acquisition in 2020 and bidding of the project in 2022. However, the draft STIP, which will be finalized in September, has moved the dates for right -of -way acquisition to 2021 and bidding of the project to 2024. O This project will widen Castle Hayne Road by adding a center turn lane or median to certain sections of the Road. • STIP Project U -5954 o Project to install a roundabout at the intersection of Castle Hayne Road and 23rd Street. O Current production schedule for this project is to begin right -of -way acquisition in late 2019 and bidding of the project in 2022. However, the draft STIP, which was finalized in September, has moved the dates for right -of -way acquisition to 2022 and bidding of the project to 2024. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity TIA Status Phase 1 • 123 single - family dwellings • 27 multi - family dwellings Full Build • 123 single - family dwellings • Approved August 21, 2019 • 27 multi - family dwellings • Phase 1 — 2022 Build Out 1. Preservation Point • 5,000 sf of day care Year • 3,000 sf of high- turnover sit- • 2023 Full Build Out Year down restaurant • 2,000 sf of coffee /donut shop with drive -thru • Small office building with 20 employees The TIA required improvements must be completed at certain intersections in the area. The notable improvements consisted of: • Phase 1: Construct a driveway at the entrance of the subject site and Castle Hayne Road that has one ingress and two egress lanes, with one continuous eastbound left turn lane, and construct a right turn lane to exit the site. Install a stop control at the entrance of the subject site and Castle Hayne Road. • Full Build: Construct a right turn lane at the intersection of Castle Hayne Road and Division Drive. Nearby Proposed Developments included within the TIA: • None Development Status: Applicant has applied for land disturbing permits. Site work is anticipated to begin by the end of the year. Z17 -09 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 6 - 2 - 6 Page 6 of 10 2. Hanover Lakes • 231 single - family dwellings • Approved August 13, 2015 0 2018 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a northbound left turn lane, southbound left turn lane, and southbound right turn lane on Castle Hayne Road at the subdivision's entrance. Nearby Proposed Developments included within the TIA: • None Development Status: The subdivision is under construction. The required roadway improvements have been installed. ENVIRONMENTAL • The entire subject property is located within a Special Flood Hazard Area, specifically the AE flood zone (100 -year floodplain). • The property contains regulated wetlands which will be preserved in conservation space. The vast majority of the subject property contains brackish marsh, which is subject to the standards of the Conservation Overlay District. • The property is located within the Northeast Cape Fear River Floodplain, a Natural Heritage Area. This Natural Heritage Area is classified as exceptional, meaning it may contain at minimum 10 rare plant and animal species. Potential impact to any endangered species will be reviewed during the CAMA Major permitting process for the facility. • The property is within both the Smith Creek (C; Sw) and Ness Creek (C; Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class IV (unsuitable). The applicant is currently working with a soil scientist and New Hanover County Environmental Health on the specific design of the well and septic system. 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Z17 -09 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 6 - 2 - 7 Page 7 of 10 Future Land Use Conservation Map Place Type Covers areas of natural open space and is intended to protect the natural environment, water quality, and wildlife habitats that serve the public Place Type through environmental education, low- impact recreation, and in their natural Description beauty. In these areas, increased density would be discouraged, and low impact development methods would be required. Such requirements place limits on development to ensure the protection of resources. The intent of the Conservation place type is to highlight areas of the county where development and land uses may need to be limited in order to protect natural resources. Lower impact uses such as environmental education and recreation are indicated to be appropriate in such areas. The proposed community boating facility would allow private property owners to access public water ways through a shared boating facility Analysis instead of individual boating docks, and development is limited to that shared boating facility, non -paved trails, recreational uses, and picnic areas. Its use is in keeping with the low- impact recreational uses indicated for this place type. During the August 21, 2017 original public hearing for this item, the Board of Commissioners found that this use was in general conformity with New Hanover County's plans for development. Consistency The proposed community boating facility is generally CONSISTENT with the Recommendation goals of the 2016 Comprehensive Plan because it provides low- impact recreation in an environmentally sensitive area. Z17 -09 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 6 - 2 - 8 Page 8 of 10 STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water and wastewater services must be provided and designed to comply with the New Hanover County Environmental Health Department's standards. B. The subject property is located in the New Hanover County North Fire Service District, and the community boating facility, and its access, must comply with Fire Services' standards, including the installation of a dry standpipe system and an equipped All-Terrain Vehicle. C. The community boating facility will not be used for commercial purposes and the sale or storage of gasoline products is prohibited. D. All structures must comply with the county's Flood Damage Prevention Ordinance. E. 127.45 acres of the property's 134.9 acres will be preserved in conservation space. F. The community boating facility must be reviewed and obtain applicable permits from the NC Division of Coastal Management and the US Army Corps of Engineers. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Community boating facilities are allowed by Special Use Permit in the R -15 zoning district. B. The site design, as currently presented, complies with the standards of Section 72 -37 of the Zoning Ordinance, and is subject to comments made during the October 9, 2019 Technical Review Committee meeting. C. A CAMA Major Permit will be required prior to any land disturbance on the site. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The surrounding land uses are mostly undeveloped land and industrial uses. B. The community boating facility is a private, non - profit facility with no commercial activities being permitted. Each boat slip will be reserved for the home owners within the proposed subdivision. C. The San Souci Island facilities will be owned, operated, and maintained by the Preservation Point Home Owner's Association. D. The applicant provided a report prepared by a real estate appraisal and consulting firm (G. Brad White and Associates, LLC — G. Brad White, MAI). In the report, Mr. White concluded that "the proposed Community Boating Facility WILL NOT substantially injure the value of adjoining or abutting properties. ", and "that the proposed Community Boating Facility will be in harmony with the area in which it is to be located and in general conformity with the County's adopted plans for growth and development." Z17 -09 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 6 - 2 - 9 Page 9 of 10 Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The site is classified as Conservation by the 2016 Comprehensive Land Use Plan. The Conservation place type is intended to protect the natural environment, water quality, and wildlife habitats that serve the public through environmental education, low- impact recreation, and in their natural beauty. A goal of the Conservation place type is to protect natural resources by limiting development, which is generally achieved in this application by limiting development to the upland area (San Souci Island) and only allowing Preservation Point residents and guests to access the community boating facility. Therefore, the proposal generally aligns with the intent of the Conservation land use classification because it provides for low- impact recreation in a limited area with no additional residences. B. During the August 21, 2017 original public hearing for this item, the Board of Commissioners found that this use was in general conformity with New Hanover County's plans for development. PLANNING BOARD ACTION The Planning Board considered this application at their November 7, 2019 meeting. No members of the public spoke in favor or in opposition of the proposed Special Use Permit. The Planning Board recommended approval of the application (7 -0) and did not place any conditions on the proposal. EXAMPLE MOTIONS Example Motion for Approval: Motion to recommend approval, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to recommend denial, as the Board cannot find that this proposal: 1 . Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the application does not meet and include reasons why it is not being met] Z17 -09 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 6 - 2 - 10 Page 10 of 10 Case: Site Address: Existing Zoning /Use: Proposed Use: -Aa Z17 -09 100 block (CUD) R -15/ (CUD) R -15/ Brentwood Dr Undeveloped Community Boating Facility N 3MMERCE ZOI 1,000 Feet I I 11 E Subject Site E k Board,of Cornmiss oners January ITEM: 6 - 4 - 1 1 GENERAL- . r 1 —L � RESIDENTIALf L I URBAN IXED USE COMMUNITY , rd - MIXED -USE- �EIV y Place Types RQ COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL 1 k. tTIN CONSERVATION Case: Site Address: Existing Zoning /Use: Proposed Use: -Aa Z17 -09 100 block (CUD) R -15/ (CUD) R -15/ Brentwood Dr Undeveloped Community Boating Facility N 1,000 Subject Site Feet 71 Parcels witH Rajd (yt &qmmissioners January ITEM: 6 5- 1 R -20 Site R -15 0 i� 231 216 1 I CITY jb ` WC-TO /A--DR GLFNDq�F 2� sj GORpON:RD 0% R �u55� 4N DIVISION: DR- P� MARTIN LUTHER R KING JR A � KY B -1 O APPLICANT MATERIALS Board of Commissioners - January 6, 2020 ITEM: 6 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (910) 798 -7053 planningdevelopment.nhcgay.com SPECIAL USE PERMIT Application Applicant/Agent Information Property Owner(s) If different Phan ApplicvntlAgent Name Owner Name Frank Braxton Preservation Point Partnership LLC Company Owner Name 2 Coastal Land Design PLLC Address Address P.O. Box 1172 11 9827 Cogdill Road, Suite 1 City, State, Zip City, State, Zip Wilmington, NC 28402 Knoxville, IN 37932 Phone Phone 910 -254 -9333 X -3 — 4 77 '7 » C Email Email fbraxton @cldeng.com 6ius Q i jvas -r. Subject Property Information Address/Location 1505 Castle Hayne Road Parcel Identification Number(s) R04100- 001 -002 Total Parcel(s) Acreage 129.3 Acres (7.45 Ac Island) Existing Zoning and Use(s) R -15 CUD Vacant Future Lana use Uassitication Conservation/Recreation Case Number Date /Time received: Received by: �1 -1 -CA J ()r,01�tl f -95 Page 3 of 8 Special Use Permit Application — Updated 72017 Board of Commissioners - January 6, 2020 ITEM: 6 - 7 - 1 Proposed Use(s) & Written Description Please list the proposed use or uses of the subject property, and provide the purpose of the Special Use Permit and a description of the project (please provide additional pages if needed). The San Souci Island is proposed as part of the Ameni Facilities for the Preservation Point Performance Sudivision. In addition to the upland Amenity Area, the Island will be connected to the mainland by a 10 feet wide- Bo aardwalk -allowing`pe-destrfan-and -golf cart- access The lsland's-developtnent will °include -on -open alre-- Pavilion, walking/ ths, Pickleball Courts and a minituregolf course, In addition to the recreational facilities, a 98 Slip Community Boating Facility is proposed. Traffic Impact Worksheet Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Transportation Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. Conservation/Recreation ITE Land Use: NA Trip Generation Variable (gross floor oreo, dwelling units, etc.):.. 0 AM Peak Hour Trips- PM Peak Hour Trips: 0 Page 4of8 Special Use Permit Application - Updated 72017 Board of Commissioners - January 6, 2020 ITEM: 6 - 7 - 2 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. You should address any additional considerations potentially raised by the proposed use or development. I . The use will not materially endanger the public health or safety if located where proposed and approved. O1i'E YatlanS' ■ Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts + Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection Soil erosion and sedimentation Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater ■ Anticipated air discharges, including possible adverse effects on air quality . T. he- pr_ oposeduse ._is- aJow_intensity_peLv. ate- recreationaLamenity _and- a_Community Boating.Fadllity_to_._ be developed as part of the Preservation Point Performance Residential Subdivision. As a waterfront development; a North Cprorffi —c lajor CAM- Permit will be required A Major CATIi 1 Permif includes - on_ intense- r.aviewby- .Local,.State. and_FederalAgencies. -The-proposed Boating..and_Recreational....._ . Uses are in- keeping with the allowed uses within the Conservation classification as outlined in both the CAMAIc rid Use and Comprehensive Paris. The proposed Boating Facifity will- rohiblt the sale or storage-of-gasoline products and no .food, sales will..be. allowed.. The {proposed. private restrooms will be will be served by a well and individual septic system, each requiring approval by the County's Environmental Health Department. Fire protection will be provided'liy the County Fire - Services via a dry standpipe system and_an.,equipped A.T.V.. The proposed Island- Development will be owned,. operated and maintained by the Preservation Point Homeowner's Association. 2. The use meets all required conditions and specifications of the Zoning Ordinance. Tile.prop.osed._.S.an- S.ovci.lsland D- eve..lopment is-allowed in-the R71.52oning- D.istrid_as a.Specia.l_Use- Permit and subject to the applicable Supplemental Conditions. The proposed Community Boating Facifity will only provide bodtslips for residential lots- within the Preservafion -PointSUbdivisidii. in accordance-with-the-CA MA Land_ Use. Pl.an,..the..County Comprehensive .P- Ian. -and- theloning...Oxdinace,.. commercial activities or gasoline sales are prohibited. Additionally, the waterfront development and access will -beaddressed wiYFiiri the required�l+hajo� CANIA Permit: - -- Page 5 of B Special Use Permit Application -- Updated 72017 Board of Commissioners - January 6, 2020 ITEM: 6 - 7 - 3 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (continued) 3. The use will not substanti0y injure the value of adjoining or abutting property, or that the use is a public necessity. • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc) Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property The adjoinjng_ and /or abutting_ properties are either part of the Preservation P q! T 0 velopment or __.._ undevelopable marsh areas. The San Soud Island Amenity is part of the Preservation Point Subdivision and- included-i fihe required Active -Open Space: The intended rstftn -i al use is fftrsterfr with_the_surreund n_g residentLgI. properties._ The new dev_.eJgpment should vg n pnsSjtYe_jmpc�ct on __, the area's future land values. 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (Le. buffers, hours of operation, etc) Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards The proposed use is cansidered_a low intensity, recreational_ amenity for a single family res dent I subdivision. The County's CAMA Land use and Comprehensive Plans classify the property as Con'servcitiiiri: -- Low - intensity recreationcind' non = commercial rriarinas� are permitt "ed "witiiitithe� - - -`� Co_nserv_ation Classification._ Addition ....plly,_fhe_R- 1.5__Zon.ing DistrictaIlows. both the..priv..ate recreation _____ and the Community Boating Facility under prescribe condtions. As part of the Proposed Preservation Point- Sudivision, the entire developmeriiis a cantiuction of the existing community's residential charaehtor anal consistenf.witii the exisiing_residental zoning,__ -_ Page 6 of S Special Use Permit Application - Updated 72017 Board of Commissioners - January 6, 2020 ITEM: 6 - 7 - 4 APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A ". Staff will confirm if an application is complete within five business days of submittal. Applications must be complete in order to process for further review. Applicant Staff Required Information Initial or Initial or N/A N/A 1 Complete Special Use Permit application. JFB 2 Application fee — ($500; $250 if application pertains to a residential use (i.e. mobile home, duplex, famil child care home). JFB 3 Traffic Impact Analysis (for uses that generate more than 100 peak hour trips). NA NA 4 Site Plan includin g the followm _q elements. • Tract boundaries and total area, location of adjoining parcels and roads. • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and/or subdivided boundaries. For non - residential structures, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage. JFB • The one hundred (100) year floodplain line, if applicable. • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance. • The approximate location of US Army Corps of Engineers Clean Water Act Section 404 and Rivers and Harbors Act Section 10 Wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by Federal or State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable). 5 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard JFB copies may be required by staff depending on the size of the document site plan. 6 1 PDF digital copy of ALL documents AND plans. JFB Page 7 of 8 Special Use Permit Application — Updated 72017 Board of Commissioners - January 6, 2020 ITEM: 6 - 7 - 5 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Special Use Permit for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions- I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. Authority for Appointment of Agent Form If applicable, I also appoint the applicont/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application. SLex Signature of Property Owner(s) Print Name(s) Q. J. Frank Braxton Signatffre of Applicant/Agent Print Name NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature Is required for each owner of record. , 'The land owner or their attorney must be present for the application at the public hearings. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 8of8 Special Use Permit Application — Updated 7/2017 Board of Commissioners - January 6, 2020 ITEM: 6 - 7 - 6 Application Received: pp Completeness Determination Required B (date): Determination Performed on (date): Planning Board Meeting: l0 C I In io(I�lto(l I1 10 112olI Page 8of8 Special Use Permit Application — Updated 7/2017 Board of Commissioners - January 6, 2020 ITEM: 6 - 7 - 6 PROPOSED SITE PLAN Board of Commissioners - January 6, 2020 ITEM: 6 - 8 - 1 OWNER: PRESERVATION POINT PARTNERS, LLC 9827 COGDILL ROAD, SUITE 1 KNOXVILLE, TN 37 932 ENGINEER: Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License No: P -03(9 P.O.Box 117 2 Phone: 910 -29 -9333 Wilmington, NC 28402 www.cldeng.com Fax: 910 -29 -05)2 SURVEYOR: ESP ASSOCIATES, INC. 211 RACINE DRIVE WILMINGTON, NC 28403 ITEM: 6 - 9 - 1 San souci Island New Hanover County, NC VICINITY MAP NOT TO SCALE APPROVAL DATE PERMIT NUMBER 989 -01 SHEET NAME CHA0N11CK AVE (SR 1317 ) COVER PRESERVATION POINT - SAN SOUCI ISLAND EX -01 CARL SF�T TER ISLAND NORTH SP -01 SAN SOUCI (SR 1388) h MASTER PLAN W/ MAINLAND CONNECTION SP -02 SAN SOUCI ISLAND FIRE PLAN W/ MAINLAND CONNECTION a SAN SOUCI ISLAND UTILITY LAYOUT n 0 o 0 133 '6 s ^2? > z w L w > w SITE WILMINGTON INTERNATIONAL � w Q-- U- 0 w za_ Q J�� AIRPORT U �QO U U) W O 74 D VICINITY MAP NOT TO SCALE REVIEW AGENCY APPROVAL DATE PERMIT NUMBER 989 -01 SHEET NAME SCALE: CONTENTS COVER PRESERVATION POINT - SAN SOUCI ISLAND EX -01 SAN SOUCI ISLAND EXISTING CONDITIONS SP -01 SAN SOUCI ISLAND MASTER PLAN W/ MAINLAND CONNECTION SP -02 SAN SOUCI ISLAND FIRE PLAN W/ MAINLAND CONNECTION UTIL -01 SAN SOUCI ISLAND UTILITY LAYOUT n Q o REVIEW AGENCY APPROVAL DATE PERMIT NUMBER 989 -01 ISSUED FOR AGENCY REVIEW ONLY JP SCALE: AS SHOWN O NA RELEASE: DESIGN NOT RELEASED FOR CONSTRUCTION � z Z BEFORE YOU BIG, CALL z 0 North Carol i ' "1.org n Q o 0 Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P -03® P.O.Box 117 2 Phone: 910 -294 -9333 Wilmington, NC 28402 Fax: 910 -251-0912 www.cldeng.com H FIB PROJECT: 989 -01 Z JP SCALE: AS SHOWN O NA RELEASE: DESIGN � z Z z 0 n Q o 0 > z w w U DEVELOPER PRESERVATION POINT PARTNERS, LLC 9827 COGDILL RD, STE 1 KNOXVILLE, TN 37 932 APPROVED: FIB PROJECT: 989 -01 CHECKED: JP SCALE: AS SHOWN DESIGNED: NA RELEASE: DESIGN z z 0 U U) W D w Q 0 w DEVELOPER PRESERVATION POINT PARTNERS, LLC 9827 COGDILL RD, STE 1 KNOXVILLE, TN 37 932 APPROVED: FIB PROJECT: 989 -01 CHECKED: JP SCALE: AS SHOWN DESIGNED: NA RELEASE: DESIGN SHEET COVER \ I I I I IIIIII `1' NH6 N N H 5 I q Q N H 6 �Ny N H 4 NORMAL HIGH WATER o LINE. FLAGS FOUND I I (typ.) 0 r L J I I \ I I / ' Coastal Land TURNING BASIN Civil Engineering / Landscape A rc hitecture NH3III I III Z Land Planning /Construction Management NCBELS Firm License P -036) I I I I P.O.Box 117 2 Phone: 910 -294 -9333 IJ I J r I� �rJ� II I IIII -4 Wilmington, NC 28402 Fax: 910 - 294-0912 I I J 7 I IIIIII z "y NH2 I ' � www.cldeng.com I I � I � I I IIIIII "y + f I I r r J II I' I IIIIII oGAK t° O NH1 o N H 17 oDAK t °I II I GAK 9 0-15 oE MA LIA 0 29 oPwE P K w O 2s x5 a o5 A L K T O t a 9 0 PwOD" 2 ° " � °oN o 2p 2 V GAK e 6 6 WETLAND BORDER o, K HLL, 0xT . � 00GA`4' 0-" , o HOLLY 6 HOLLY 4 s MOLL xolir O L Lr 12 onLoaAK 3 �K ow HOLLY 8 OAK 9 oD PIN HOLLY 6 I I � 01E t4 0'N 1'pP °E OAK 17 �pwK OAK 10 p MA 8 HOLLY 4 O 2 0 1 OMG 00. 2 A1LE 13 6q�— (D.— UPLAND ZONE I \ OA 10 GE oA IA gIAPPRO,il N OF P NE 151 wo- - OAK 21 ° pG 0_ P ` O zI N 0 AL LOW IW O O , T4 T o 1-Y 9 p PE SHED OGA K S INE 16 OnAPLE l4 MAGNO A 8-\ AnG A G s 6 OPOE t3 OLLY 5 0- oPw o O0- OAK 3 O O OAK. z OPE . SHEOJ 0 ox AK 18J 0 oGK 3 o = ^ O MA OP z � OA oDA, OAK 14 OOAK z 0E OME v CU I 170 I 1 0 H0OAK ME)PI E 3 O K 9 O M LI�A 4 OS P-LY 6 0K 0 ow oE 2 L HOLLY 5 O OOAK 2 oGAK 5 o � Z prN � OAK 9 Pour , �V\ C 1/ ti I r I I II I I I I IIY, I I II I I I I I I I I I l I I pEs G K6 2 ' �/✓ f OAK 22 °u OAK 13 1 I I I L "A °GA 011 0_ oGAK 0- -0 -OAK 2 p OAK tfi p OK 2 CJ OOAK DAK 13 AK p E 22 oGAK 15 OE �/ • O PINE 12 PINE 12 E 0- -� P 0E OOAK 4 OAK 9 / V ]O o GAK w / o w � \ \oGA a I pG� � CEDAR 9 tOLLr � � 0 L U w B M O UI = C: Z ow K `Y o GK 4 Co U) 0- 0- 6 17 PIE O] PE K w s O.P. R RESS 14 LLJ O_ w24 PINE P.E. D2 0 °E �O OE G" K HOLLY 5 ° K w 00D 12 HOLLY 5� LYPINE 12- "'0' °AK �A R s K E PINE 12 , /\ AGNOLIA 5 p w E ow � 0 PE � oMA w oGAK . I p OAK OAR OW U OPB oGAK 2 01NE 3 ()-Y LLY 4 K oM K 2, __0 all- Y ry HOLLY 6 `I r v\ ti .J � ti 1 4 \ / - /�" r � � ~ ��I I1)1 . 1 ' ` , iI -I n /I N - ~ • IJ I,l I N 1 J ` I .\ \ 4 .I . �`� "ry �� e ~ � \ V I � � /ry `J � r I , / ti 1 A / I I I I � I f 4 I I f �I JI I f I l I \ \ I �I I I I 1 ti 1I I/ �r / � � V / I I �I V I I l I I Y \ f i I I r I I 1 I I 4 I , I ir' 0 , I I I ri I I I I J II �J r \ I � I i I I ' IIr II I 0— 0 0—y' PINE 12 14/ PINE 14� AE 0 K Q OAK / 1 MAPLE ( i 1] G � \O J - ! J 4 oGAK p O pAK s pAK G -HOLLY / K L E l e 12 H O LY L s Y p fi 7 o O OE oGAK w oM OO GA-- V[E HOLLY' LNY L5 A a G 4 pL G' � AK x tp A K oGAK O� 0-LY , ^ � \ p p p M HOLLY GOLLY ] PINE 13 13 TREE po ° GAK 2 HOLY 4 HOLLY 4 Z TREE 15 p DIK 44 O LILY r PINE 16--, PE 15 p Px 30 p PE VOB LLpA -L ` r L/t . o f4 /1 \ \\ ] 0PE 5 01REE 2 OOLT 11 OPOE OOAK U 0OLY 8 0-D 0 A K PINE 18 oGK 12 OP NE R p K 20 PE GAK 3G oE ooAK p MK 2 0 G114 F p M m [LER 00K �m A 4 oP 2 p PE 14 OME 0 pPPLAR ° mp Aw 10M ® GUM 15__�OPEm oGA oGAK s2 On OAK 24 NAG 4 nAG 4 om3 0 NG TO SUBDIVISION N ` p oGAK w p PwEl1 pll p HT 6 PI E 12 ODAK MOLL 70 ^ GU D (/? e OAK p a 4e Y PINE 13J ooAK K 0 OAK3 p- m 0„— CYPRESS 5 0UNw GA. U. , PINE 12J OPNE 17 oU p D A K ON JVuY]s o 0E xr 0n3 oPx 13 HOLLY 6 0E oGAK e O_FOO� E oM OPE 00. 3 OM/ OIRONVOGO e HOLLY 5 OE oGK 01E 3 oaAK G \uI Ey it 0TH ocrR MAGNOLIA 8 AK S ()-y 0Y 5 p n ] V HOLLY �0- / R I OON I h I tR� =�O I I I I I � I1 I LL I I I II I I II � I I I I I I I I I I I I I I I I I I I I I I I al I I I I 4 I I I I , I I I I 1 I I i I I I I I I I I 1 I I II I j I I I I I I I I J I I I I I I I I I _ S TLAND e 1 5 u m IA 4 s E 6 s - OLL r MAPLE fG8 � vGTh G MAPLE 1 gJ\ p r PIE 13 onG ] oG zG L MAG 8- owE OAK 127 1 U NnAG OMAG e CYPRESS HO oPw p HAROVO°0 0TN S PE 14 S N15 A OPLlU E 16 0 z MMA5 °P HDL Y 4 0wE w CYPRESS 18 GA K O OG w On oM6 0-E 3 oMAG 6 �PnING E 12 OME O.D. MAGNOLIA 16-,\ tLY O„ 01IE 13 y owE 15 0-1-1 s U /) p OK m 0- Lv 4 5 oM MAGNOLIA 20J , MAGNOL 5 Lon 10 OLUSR 0 IXT l ^ AR MAGNOLIA 4 OAK 8 0O AK owK n om 0E HOLLY 5� pwE zPINE F OREST LN 0m a 0 V AG NO LIA AR GAK 2 ww 0- DO 0(9L 0— OE 24 d W LU VCT ORIq DR 'y oDAK OAK 24-/ HOLLY 5 �LLo MAGNOHOLLLHOLLY LY 4 Q 0 A , OAK 15 HOLLY 4 IA HOLLY 4 0 op oD wE PINE 12 oo L4HOLLY 5 3 HOLLY 4 -u oDAK z ° OAK PINE 14 oaAK e p w p TN o 001NE 14 pxa LT OAK w 0 O n OR cwER HOLLY 7 > HAG I r� PINE 12 O HOLLY 5 C PINE 12 0 PINE 12 p E p Pw z, OAK sp MA -1 6 0-LY 11 LU PINE 12 OG 0- ""'0 of PINE 12v � A 111 0 s OME 9 p H LL 2 p E z p E 2 SITE 8w , p m.. .IVSON DR oM OPE 06 OUn Z � oM Om ZZ o °MAP PRESERVATION POINT 17 rl PARTNERS, LLC. � l/I CN/ T Y MAP 9827 COGDILL RD, STE 27 KNOXVILLE, TN 37 932 PARCEL BOUNDARY — — — — — — — UPLAND ZONE N RT1 \4/ \4/ \4/ WETLAND BORDER 50 50 100 \4/ \1/ 14/ \4/ NHW� NORMAL HIGH WATER LINE I I ! SCALE 11:50 N w NLwL NORMAL LOW WATER LINE WHEN PRINTEDr ON �4 XI 36 AkH D PAPER) COASTAL WETLAND LINE — _10.00— - MAJ. RIVER FLOOR ELEVATION -- 4.26 - - - MIN. RIVER FLOOR ELEVATION EXISTING WETLANDS 14/ OP,NE 26 EXISTING TREES v' 14/ NOT RE LEASED FOR APPROVED: JFB PROJECT: 989 -01 EXISTING COASTAL WETLANDS CONSTRUCTION CHECKED: JFB SCALE: 1.1 =!D' DESIGNED: JFB RELEASE: - SHEET FOR AGENCY REVIEW ONLY o 1 I 1 1 1 i Ir I til U �L EC-01 ITEM: 6 - 9 - 2 y Acres: 67.06 TURNING W Zoning: -2 BASIN j W WNH6 Iiililii I y �: 5 1 1 1 1 1 11 1 y oNH6 yA NA PER CREE�(f( NH4 j { hill l I1' ►'11'' KAYAK LAUNCH 'I 7 I 1 11111 y , � IIIIIIII I IIIIIIII�I 1 11 1 , I Ililll + '° NH3 KAYAK STORAGE �--� SHELTER oNH2 11 � 1 VIII W I I , I llll� I VIII , ° ONH1 NORTH Coastal Land Design, PLLC I I I I�III1 II c NH17 101111 o o 100 0 100 200 Civil Engineering / Landscape Architecture o g° Land Planning / Construction Management r 7 z I i I II I II1 0 ° ° 0 o NCBELS Firm License P -036) j1 I ' I I 11111 W 0 0 00 0 0. ° 4•• ,•. ' •O SCALE 1: 100 P.O— .Bo x 11 7 2 Phone: 910 -29-9333 do ° ° ° ®° ( WHEN PRINTED ON 24 X 36 ARCH D PAPER ) Wilmington, NC 28402 Fax: 910-29-03)2 ° ° 0 AMENITY ISLAND 00 0 ° 0 www.cldeng.com O • . . O 0 0 ACTIVE OPEN SPACE 000 0 O• 0 7.45 ACRES (UPLAND) ° , ,•.N O O 0 6 HOLE PUT —PUT ° 0 0 P • 0 0 0 j 0 0 ° 00 ° ° UPLAND ZONE O ° ®° ° 1 O O °° ` : O ° �° � 00 D ° ° ° ° O ® � , ��i O INFORMAL GATHERING O / ° O SPACE (typ.) V J ° ISLAND PAVILION & °• o. ° A ' ; � 10' WIDE BOAR DWALK °° • ' —RESTROOMS o r 1 '1 J , WALKING TRAILS ( t yp •) WITH RAILING. foa ` o o o � VIEWING ®° o • AREA 2 ' 15' O — 15 X W ° so O 0 SHELTER o ° t, 0 a \ \ I I • O O ° • 0 \ • ,�•• 0 0 � O O 0; O ° ► VIEWING � }' t, ° ° ° : • ° ° AREA 1 U 00 ° : c o o — — O O is o 0 U o 0 o ..•0 o U 111 0 ° ��fff�111 co ° 0 �♦ i ' ° 0 O � (E • O • ___- - _ r�1 ICI W v '•• ° + rd ICI < o „•••..•..° .• ° ° °: ° o ° ° / so \� V ) l l I o ° �l • T I fY 0 0 0 ••....N•0 •••,, O 0 0 0 00 •� i -_ `�/ I \\\\ /' ^1 0 LU DO 4 I w v v v v v w w ° I j V / z /,A.l �u I Q 1r W W W W Y W Y W AIL IJID BOFDFIZ e v / T �L kit I1J- J1L -1LL -LLL �1J- 1LL 11.L 1LL S1J- -. / —�� \'� (� j' / al 11 w 4 i' I W W W W W W W W W / `�/ \ \✓ S ,117;1111 t tf.y .y .y W y y y W �. (2) PICKLEBALL 1 j I \ W W V Y Y W W ♦ / �� 1 \ ' �� W y + COURTS — — ♦�� \ �� (f) , , . � \ I l� — �iLL� — �111L — �lllL — �LLC� — �iLL� — — — 7 � ♦ `c ` � �� i I " N�' /' 1i 4111/1 I I \� 1111 `1 11 I ftW W W W W .v 7 I \� . ♦ \�i..' �� / \ i4pV U I f1 W W W W W I I \ \J♦ // /�/ 1 , I v v w w w KAYAK STORAGE♦ W W W W W W W W W W SHELTER �`I ♦ .,/ , /'/ i ,„ /' ��\ 1 I i1 h '1 / ' I i r r� ♦� / // �r / I 1 I r rl I $ \ / �� ♦♦ �� / \ // KAYAK LAUNCH + W Y \ \ y,l 1 I / 1 11 II I Ih 1 `Y W W W W W ♦�♦ l l / Y \/ i \ Li.I ul BOARDWALK ACCESS & FIRE DEPT. __Z COMMUNITY BOATING FACILITY EMERGENCY EQUIP. STORAGE APPROVED see sheet SP -02 for Fire Emergency Plans z 0 U U) w 0 w Q w ■ ■ PARCEL BOUNDARY — — — — — — — UPLAND ZONE WETLAND BORDER PRESERVATION POINT PARTNERS, LLC. — NHV& NHWL— NORMAL HIGH WATER LINE 9827 COGDILL RD, STE 27 NLWL NLWL NORMAL LOW WATER LINE KNOXVILLE, TN 37 932 NOTES: 1. Pavilion and restroom facilities to be locked 24/7 with access to residents only via key —card or pin. FOREST LN 2 W ' k VICTORIA y DR c� �Q N C1__ a eQFti C�fOq<F tiOO �P o� G ROOK RO NOT RELEASED FOR CIL- ~ ; SITE ^ CONSTRUCTION APPROVED: JFB PROJECT: 989 -01 ^°Py o� CHECKED: JFB SCALE: 1" = 100' Sow yo o DESIGNED: JFB RELEASE: C) ��Q SOON DRJ= $ ISSUED FOR AGENCY REVIEW ONLY SHEET I/ICWI TY MAP SP -01 Budid ufeuillitlib5iullrcllz>-daiivaly 6, 20215 ITEM: 6 - 9 - 3 �l TURNING y Zoning: s-2 w BASIN NH6 1 v 1 I iii O N H 5 n y 1 1 Il, l iliiill y —� NH4 o NH6 HAI�APER CREE<(f) ri II I �, VIII o ,ti 1 1 1 11111 II - I ', i IIIiI'iii�1l y _Ills �I /, AIL \1Il/ \11: \ I I I I I y — / / 11 I �IIIIII�I y Il/ 111 111 111- \I1 - n I I — LJ Fi 3 + iliii I y \�_ oNH2 I i jii!il y y - 0 _ 'ONH1 NORTH — Coastal Land Design, PLLC y o N H 17 p - 0 0 90 100 0 100 200 Civil Engineering / Landscape Architecture 0 0 Z n l i r , l i 1'I i II li y y — .— 0 0 0 ° 0 1�Lt _ — . .. _._ Land Planning / Construction Management ement o o II / II A y I n41 1 I 1 I 1 I 1 I 1 VI 1 1 III I I 1 I 1I I I 1 11 1 1 1 y rt i� ) — .. - o . • ® .O 4M• . � � � I/ NCBELS Firm License P-036) 0 o 00 _ SCALE 1: 100 P.O.Box 117 2 Phone : 910 -294 -9333 0 o 0 O l ° ° O 0 ° (WHEN PRINTED ON 24 x 36 ARCH D PAPER) Wilmington, NC 28402 Fax: 910294 -0912 0 '0 AMENITY ISLAND 0 0 o I, V 1 O 0 00 www.cldeng.com O O ° ° ACTIVE OPEN SPACE O ° . �••.•@ p� 0 ° 0 °° ° 1 o ° 7.45 ACRES (UPLAND) 111 'k I-- : O p p O O . ° O I` 11� II I II II II III 0 0 S ° 000 � _ Cp o'• 0 00 0 0 \ ' ��I I ► 1 �I11� y • p I °'° ° ° , p 00, FIRE LINES TO BE ATTACHED D • ° 00 0 ' TO THE UNDERSIDE OF THE ---� �$ I I II I j I II I I I { i ;I\ I ' ;1\ � 1 y y y • I ° ° • ° ° ' ' BOARDWALK ° (9 ° ISLAND PAVILION & 80 • 0 ' °° RESTROOMS • STAND PIPES TO BE LOCATED ° p p 8 AT EACH MEWING AREA ' (goo z \ / o �� . J T/ I 0 0 0 R\ ° 8 O i i II Iw Vrr �a� i .0 > O O• y • R O n' y / —�/ 00 : 0 \ `~`RJR / O ° O W �� Dj • 0 0 4— LL I •gV II I I � • ° o v O • 0 , � O O O •... � v ° R�r 0 0 0 0 00 p ° ° o • 0 O \ l O % ' i� VJ �ig1 o 0 p o oo�o 6P o ° —�Lt�— -- -- // WI/ -- lI/ WI/ - -�/ \ \I // — I// -- � / —��" '. �'\ \ 0 lI I I T M Y w w ° "• •G • ° O ° ' 0O ° Op ° ° = / \ ` \ T "� • U y y p p p�p O 0pw ° 0 U /v -. 4 y y y y y y y y ° •'` I// �I // 1I // �I // \II/ \1Il/ �I// �I // Il/ III/ �� Il/ III/ ��l/ ._L - \il - \11 -dt - M - 01- - di - Iir 111 - 01 - 1i/ -111- - 111 - 1i/ - di - /� ;\'/ \ `\ Y / / �'I Illy y + y + y y y + + / \ \ / cu IWI/ 1LLc/ _ — 1ll1/ _ — 1tLc/ 11 t LL _ — 1XLc/ _ — 1WI/ 1vLc/ \\I// _ — 1tLc/ _ _ 1WL« _ — 1tLc/ 11 t LL _ — 1XLc/ r U) I �+r 4loil //> /\ ,II i rt Fir VP L�T T 1 111 11 1 y y y y y .Y I I \\�\�� \�/ / / /// 1 / I y y y y fI r I dl v v y v v `�.i/ // /// 1 � I i I y y y y \� \ lye W y W y y y \ ` y Y y Y I 1Y�I u1 I, 1 I r 1 i. y y y yY + y .Y .Y I \ / \ �/ / j /�� L`_ /// �• ull y ' Z w •Y I BOARDWALK ACCESS & FIRE DEPT. COMMUNITY BOATING FACILITY APPROVED EMERGENCY EQUIP. STORAGE :CL U d I N Z 0 07___________\ N o U 15 x 15' EMERGENCY o CD 4F FIRE VEHICLE STORAGE / AREA / CD LU 0 > LU ■ ■ PARCEL BOUNDARY .� — — — — — — — UPLAND ZONE WETLAND BORDER NOTES: I PRESERVATION POINT PARTNERS, LLC. — NHV& NHWL— NORMAL HIGH WATER LINE / 9827 COGDILL RD, STE 27 1. Pavilion and restroom facilities to be locked 24/7 with I / I KNOXVILLE, TN 37 932 NLWL NLWL NORMAL LOW WATER LINE access to residents only via key —card or pin. 2. All structures to have KNOX boxes for emergency A� FIRE EXTINGUISHER LOCATION access. BOARDWALK CONNECTION 3. Emergency phones and 911 signage to be displayed at I TO EMERGENCY BLDG. pavilion and docks. STAND PIPE LOCATION I FIRE LINE SUPPORTED 1 <- UNDER SIDEWALK �4z,PFIRE EOU�P� EMERGENCY RESPONSE STAGING AREA STAGING AREA - - - - - -� FOREST LN ABOVE —GRADE ti STANDPIPE W " 4CTORIq p t I \ � R Q 4 6�� "NOA<F \ I HYDRANT W NOT RELEASED FOR CIL / F � CONSTRUCTION I / SITE �, �� \ / / APPROVED: JFB PROJECT: 989 -01 CHECKED: JFB SCALE: 1" = 100' C) ��0 DIVIZION DR \ / I DESIGNED: JFB RELEASE: - o ISSUED FOR AGENCY �/ / REVIEW ONLY _ _ _ _ _ _ _ _ _ / _/_ �� 1 SHEET I/ �C/NI TY MAP SP -02 ITEM: 6 - 9 - 4 \ a I \1O II l X I ti � Q 1 \! \\ \ \ ` II I 1 I III 1 , , I I I I NH6 PARCEL BOUNDARY lI X11 \'i IIx i'x " I " Williliiil W NH5 — - - - - -— UPLAND ZONE N Il I I J 41 OI I IIII h,hl W 11 'I II 0 1 l iiiiI o N H 6 WETLAND BORDER l I 1 II I I I I I I I I I I z NH4 o — NHWL NHWL— NORMAL HIGH WATER LINE It / X XII III �1 I 1 t ' Coastal Land Design, PLLC I I \ 1 1 x I x x I I f I II III 1 /2 .�. _ _ �tiy N LWL N LWL NORMAL L 0 W WATER LINE Civil Engineering / Landscape Architecture X I I 1x I l 1 N I I I I i Land Planning / Construction Management N 1I I I I I I I I I I 1 I 1I 1 I I I _�X I I I I I 1I I I � , I gy ImI I (III(I I I I 1 1 ( I I I I II IIIII I o 1 1 I I I J I II II I I I II I I I �I 1 I 1 1 I ` 1 I III I I I I 1 1 I 1I I 1 l I I l 1 I I I I I i 11 l I � 1 I►°1 I f ° I� I 11 I I 1 I � 1 ' II I I I 1 l I 1 I I I I x 1 \1 -.- ;1 U I / m 0 ( 4FL • • • U C ,I . .. .•. _ •(� • •• • ` •' — •y ,•�y � � \ �� i • • • • ti - 4• • F• ( q � " y+ 0� 0 Q\P + � •E •� + + `` N� + + + + v • C • \ •\ J • _ ', ( • ; • • • � �;` �4x ,a� F R` EEL UL R ; a ' • — / — • • • • • i • • • � Ax Ga P F� Ny 2 � o = � — Q NCBZ ELS Firm License vP ((-n 0� 3! ® o N 4FL � N I 4 " FIRE LINE P.O.Box 117 2 Phone: 91�0 C�--2a 9' + - 9333 � Wilmington, NC 28402 Fax: 910 - 29-012 I x �N H � g www.cldeng.com If I x KAYAK STORAGE 0NH2 FIRE EXTINGUISHER LOCATION SHELTER Ix 1 `1 1 11 0NH1 STAND PIPE LOCATION X 11 KAYAK LAUNCH X O ° �X I I I I l I 1 I " 4 O p EMERGENCY RESPONSE STAGING AREA S.TAGING A.RE.A p ...O O O O X x O IX U � 0 o O � O 14/ ° O o � • O FOREST LN o 1 O Q V!CORq DR Q r O ° ° ° ° IPA 0 Op X DD • O X Q •O O•••••� � O • • R 0 U •• O z • _ X x O p O�09••• 0 p O i o 0 Q Z • •% O • ° 'O° ° ° • o 00 • SIT E O COMMUNITY BOAT 06 O p ° Q O Co X nl X Q U o • DIVISION DR) y U DOCKS MARINA o o ° O Q � pp o • o o z SEPTIC LEACH BED U \ _ O O m •• p > 10 : /O WELL I I �; Q ; Q p • n • O VICWITY MAP • • x �j I X1 O; ° O O X ° 0 _ w X 1 II 11 � SEPTC TANK o U O ° O 1 o • ° � 1111 O 00 � p O CP z 1x1 0 ° O Uj F I 9 CP I X I X 11 X 00 111 X X RESTROOMS pp� p O O x � 'I DRY FIRE LINE LL - IN I 1 I p °• • 00 O O 8 O u L p � • Q O .41 11 ° O _ ° � + + ++ + I X Q X O : X`1' + + + + + + + + + • ° ° + + ++ + + + + + + + + + + + + •0 % + + O + + + + + + + + + O O I ' 1 Q + + + + + + + + + + + p I I I Ix + + + + + + + + + + + + + + + + + + + + + + + + + + + + 'i � f Ix + + + + + + + + + + + + + + + I I I d I • I 1 I I + + + + + + + + + + + + + + X I � XI I I 1 l I + + + + + + + + + + + + + + ' w I I I + + + + + + + + + + + + + � + + + . ` + A E + + — + + i • + + 4 •F�•+ + \ •+ • •4F+ • � •• ; D / • ,R • D � ER 4F 0 9F ( • • ••••C \ 4FC • ' • 00 0 • • O • » • • FL 4FL 4 + + + + + + + • � , ; • • • i � 0 ° V • O 0 • O X x • l0 O O X -;- N I I I N _ • 0 X I I N v N • O ( O N °O p O00 � • • p 1 O O •> / • ( O •O O O I — 0 0 0000 I XI I O ] \ 4F( O X 1 O • Nf JI O F � • ° X LA N- 0 p CT 4l m rn 0 ° ® _ -- 4L 4FL O O 4 ) - _ Z O I • O 4F L 4 4FL 0 • O o \ O I • O 0 1 I L Q p ••••• I r x p ••I x X 4 X 10 FIRE O X ° o co EQUIPMENT o o c O p STAGING AREA p *0 p o p io 1 ®p O O ' O �® U p O w 01 O a ;O O O 0- x • O p �x • O O O ! X X ° Ox O O p \1 // O O ° ° xl 1 1 — ° x O U > j O •000.00 CP w 1 Q O �1 p ) 000 1 O O O Q pQ O p X X I 00 o * CD O p 1, p • •••p O p O p p O I Q N 0000* 0 X — I Q p O p X O p O PRESERVATION POINT W g PARTNERS, LLC. o ; O O I I BOTH FIRE HOSE CONNECTIONS O •• I ° 9• • ° 9827 COGDILL RD, STE 27 1 1 x I I x I x I x LOCATED AT PAVILION o • • 0 KNOXVILLE TN 37 932 t I I X rX 1 1 90.00•••• ,� X t I I9) I TO BE RISER TYPE WITH I N X r x � i 14/ \1/ \1/ \4/ \1/ 6o TWO (2) GATED CONNECTIONS. J x IX 1 1 14/ \4/ \4/ � \ 1 X x X KAYAK STORAGE SHELTER x KAYAK LAUNCH CO �$ � NOTES: 1 J 1 X NOT RELEASED FOR l x X I X r x I I X I I CONSTRUCTION 1 Pavilion and restroom facilities to be locked 24/7 with I X l L Ill I P, �N I access to residents only via key —card or pin. APPROVED: JFB PROJECT: 989 -01 \ I NORTH . emergency X X CHECKED: JFB SCALE: 1" M, , i x access. 50 0 50 100 ISSUED FOR AGENCY X! r DESIGNED: JFB RELEASE: o < o u If Jti !� I 3. Emergency phones and 911 signage to be displayed at L7 I o REVIEW ONLY SCALE 1: 50 pavilion and docks. (WHEN PRINTED ON 24 X 36 ARCH D PAPER) N.1 i SHEET \'1 7! r I W X UTIL-01 0o 0 0 ITEM: 6 - 9 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2020 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S):Gideon Smith, Current Planner; Brad Schuler; and Wayne Clark, Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z19 -10)— Request by TDR -HL, LLC, to Rezone Approximately 6.58 Acres of Land Located North of the Existing Hanover Reserve Subdivision, in the 7300 Block of Springwater Drive, from R -15, Residential District, to R -5, Moderate -High Residential District BRIEF SUMMARY: The applicant is proposing to rezone approximately 6.58 acres from R -15 to R -5 within an undeveloped section of the Hanover Reserve subdivision between the terminus of Murrayville Road and the future extension of Military Cutoff. The subdivision obtained preliminary plan approval in 2015 for 377 units. To date, 192 single - family lots have been platted within the subdivision, most of which now contain occupied single - family homes. The R -15 and R -5 districts are both residential zoning districts. While the R -5 district (8 du /ac) permits more base density than the R -15 district (2.5 du /ac), it prohibits mobile homes and typical multi- family development, like apartments, allowing a maximum of 4 units within any residential structure. In addition, the special use permit for high density developments is not permitted in the R -5 district, and the number of permitted nonresidential uses is reduced. According to the applicant, they are seeking to construct townhomes within the area proposed to be rezoned. If townhomes are developed, a minimum 20 -foot buffer is required around the northwestern property line of the project because the proposed development is adjacent to single - family dwellings within the Quailwoods subdivision. This required buffer will aid in screening the subject property from property owners to the west along Murrayville Road. In addition, the townhome units will be restricted to a maximum height of 35 feet, which is the same standard applied in the R -15 district. Compliance with these provisions will be reviewed by the Technical Review Committee during the subdivision review process. Because this is a general map amendment and not a conditional rezoning, uses that would be allowed on the property are those allowed by right or by Special Use Permit in the R -5 district. A conceptual site plan is not included with this application, however, if approved, the development of the site must comply with the standards of the R -5 district and other applicable regulations, including buffering and stormwater standards. The applicant has completed a Traffic Impact Analysis (TIA) which was approved by NCDOT and the WMPO in 2017. The TIA analyzed the entire 135 -acre Hanover Reserve project area with 330 single - family dwellings at full build out. The TIA requires Murrayville Road to be extended to the future Military Board of Commissioners - January 6, 2020 ITEM: 7 Cuttoff extension, and signal timing to be modified at the intersections of Torchwood Boulevard at Market Street and Gordon Road at White Road. NCDOT has indicated that because the proposed rezoning, and the potential to develop townhomes on the subject site would not increase the overall intensity analyzed in the TIA of the entire project area, an update to the analysis would not be necessary at this time. However, if in the future the applicant requests to modify the original plan to include commercial and higher density housing within the remaining portion of the area analyzed in the TIA, a revised TIA would be required. If the proposed rezoning is approved, the connection to the subject site will be required when the subdivision plat is reviewed. NCDOT has indicated this road can be designed to align with the future Murrayville Road extension that will connect to the future Military Cutoff extension. Typically, single - family dwellings generate approximately one trip in the peak hours, while townhomes generate approximately 0.5 trips in the peak hours. A by -right residential development on the site under the current zoning would allow 16 dwelling units, which would generate about 12 trips in the AM peak hours and 16 trips in the PM peak hours. Under the proposed R -5 zoning, up to 53 townhomes could be constructed on the site, which would generate about 22 trips in both the AM and PM peak hours. The expected net difference in traffic would be an increase of 10 AM peak trips and 6 PM peak trips. The adjacent roads have the current capacity to accommodate the estimated net increase of 10 AM and 6 PM peak hour trips when compared to the current zoning. The subject property is classified as Community Mixed Use in the 2016 Comprehensive Plan. Types of appropriate uses in this classification include office, retail, mixed use, recreational, commercial, institutional, and multi- family and single - family residential. The proposed R -5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposal is in line with the density range of the Community Mixed Use place type, provides an orderly transition between existing lower density residential neighborhoods and anticipated higher intensity development adjacent to Military Cutoff Road, and provides for a range of housing types near an anticipated major roadway. The Planning Board considered this application at their December 5, 2019 meeting. One member of the public spoke during the hearing citing concerns about drainage and nuisances from activities taking place on the undeveloped properties in the area. Traffic and school impacts were also mentioned. The Planning Board recommended approval of the application (5 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal is in line with the density range of the Community Mixed Use place type, provides an orderly transition between the existing lower density residential areas and the anticipated higher intensity development adjacent to Military Cutoff Road, and provides for a range of housing types near an anticipated major roadway. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports opportunities for more affordable housing and assists with providing a range of housing types to the area. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation. The proposal is generally consistent with the objectives of the R -5 Zoning District and the Comprehensive Plan. The project will add a new higher density housing type to an area that is expected to develop with a mixture of higher density residential and commercial uses, as promoted by the Community Mixed -Use place type. In addition, the proposal is consistent with the density range for this place type, provides an appropriate transition from the existing Board of Commissioners - January 6, 2020 ITEM: 7 single - family neighborhood to the generally undeveloped north, and aligns with the Comprehensive Plan's goals of more diversity of housing types. I move to APPROVE the proposed rezoning to a R -S district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal is in line with the density range of the Community Mixed Use place type, provides an orderly transition between the existing lower density residential areas and the anticipated higher intensity development adjacent to Military Cutoff Road, and provides for a range of housing types near an anticipated major roadway. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports opportunities for more affordable housing and assists with providing a range of housing types to the area. Alternative Motion for Denial I move to DENY the proposed rezoning to a R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal is in line with the density range of the Community Mixed Use place type, provides an orderly transition between the existing lower density residential areas and the anticipated higher intensity development adjacent to Military Cutoff Road, and provides for a range of housing types near an anticipated major roadway. I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. ATTACHMENTS: Z19 -10 Script BOC Z19 -10 Staff Report BOC Z19 -10 School Enrollment Attachment Z19 -10 Zoning Map Z19 -10 Future Land Use Map Z19 -10 Neighbor Mailout Map Applicant Materials Cover Z19 -10 Application Package 11.4.2019 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. Board of Commissioners - January 6, 2020 ITEM: 7 SCRIPT for Zoning Map Amendment Application (Z19 -10) Request by TDR -HL, LLC, to rezone approximately 6.58 acres of land located north of the existing Hanover Reserve subdivision, in the 7300 block of Springwater Drive, from R -15, Residential District, to R -5, Moderate -High Residential District. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct He a. b. C. d. e. wring, as follows: Staff presentation Applicant's presentation (up to 15 minutes) Opponent's presentation (up to 15 minutes) Applicant's rebuttal (up to 5 minutes) Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Staff Suggested Motion: I move to APPROVE the proposed rezoning to a R -5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal is in line with the density range of the Community Mixed Use place type, provides an orderly transition between the existing lower density residential areas and the anticipated higher intensity development adjacent to Military Cutoff Road, and provides for a range of housing types near an anticipated major roadway. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports opportunities for more affordable housing and assists with providing a range of housing types to the area. Alternative Motion for Denial I move to DENY the proposed rezoning to a R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal is in line with the density range of the Community Mixed Use place type, provides an orderly transition between the existing lower density residential areas and the anticipated higher intensity development adjacent to Military Cutoff Road, and provides for a range of housing types near an anticipated major roadway. I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Board of Commissioners - January 6, 2020 ITEM: 7 - 1 - 1 Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning of the subject property included in this application to a R -5 district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] STAFF REPORT FOR Z19 -10 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z19 -10 Request: Zoning Map amendment to rezone 6.58 acres from R -15 to R -5 Applicant: Property Owner(s): William Bland — TDR -HL, LLC TDR -HL, LLC Location: Acreage: 7300 Block of Springwater Drive 6.58 PID(s): Comp Plan Place Type: Portion of R02800- 004 -104 -000 Community Mixed Use Existing Land Use: Proposed Land Use: The property would be allowed to Undeveloped be developed in accordance with the R -5 district Current Zoning: Proposed Zoning: R -15 R -5 Moderate -High Residential Existing Zoning ae_ \ J � IZ19 -10 R -15 _ 1 . - 1,ll10R4 ALE CD p 1,LA s Military y Cutoff Ext SURROUNDING AREA LAND USE ZONING North Undeveloped, Future Military Cutoff Road extension R -15 East Undeveloped, Future Military Cutoff Road extension R -15 South Single - Family Residential (Hanover Reserve) R -15 West Single - Family Residential (Quailwoods) R -15 Z1 9 -10 Staff Report BOC 1.6.2020 Page 1 of 11 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 1 ZONING HISTORY July 7, 1972 Initially zoned R -15 (Area 8B) COMMUNITY SERVICES Water /Sewer Water and sewer are available through CFPUA. Specific design will be Historic determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Porters Neck Murrayville Elementary, Holly Shelter Middle, and Laney High Schools *Schools *See the attached New Hanover County Schools, NC Redistricting Study 2020: Options Statistics Recreation Ogden Park, Smith Creek Park, and Parkwood Recreational Area CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources ZONING CONSIDERATIONS • The applicant is proposing to rezone approximately 6.58 acres from R -15 to R -5 within an undeveloped section of the Hanover Reserve subdivision between the terminus of Murrayville Road and the future extension of Military Cutoff. The subdivision obtained preliminary plan approval in 2015 for 377 units. To date, 192 single - family lots have been platted within the subdivision, most of which now contain occupied single - family homes. • The R -15 and R -5 districts are both residential zoning districts. While the R -5 district (8 du/ac) permits more base density than the R -15 district (2.5 du/ac), it prohibits mobile homes and typical multi - family development, like apartments, allowing a maximum of 4 units within any residential structure. In addition, the special use permit for high density Z19 -10 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 2 Page 2 of 11 developments is not permitted in the R -5 district, and the number of permitted nonresidential uses is reduced. • The R -5 district allows duplexes, triplexes, quadruplexes, townhomes, and accessory dwelling units. However, mobile homes and multi - family developments, such as traditional apartments, are not permitted in this district. According to the applicant, they are seeking to construct townhomes within the area proposed to be rezoned. • If townhomes are developed, a minimum 20 -foot buffer is required around the northwestern property line of the project because the proposed development is adjacent to single - family dwellings within the Quailwoods subdivision. This required buffer will aid in screening the subject property from property owners to the west along Murrayville Road. In addition, the townhome units will be restricted to a maximum height of 35 feet, which is the same standard applied in the R -15 district. Compliance with these provisions will be reviewed by the Technical Review Committee during the subdivision review process. • Because this is a general map amendment and not a conditional rezoning, uses that would be allowed on the property are those allowed by right or by Special Use Permit in the R -5 district. A conceptual site plan is not included with this application, however, if approved, the development of the site must comply with the standards of the R -5 district and other applicable regulations, including buffering and stormwater standards. Z19 -10 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 3 Page 3 of 11 R -15 R -5 Min Lot Size (Conventional) 15,000 sf 5,000 sf Base Density (Performance) 2.5 du/ac (16 total units) 8 du/ac (53 total units) HD Special Use Permit 10.2 du/ac (67 total units) N/A Single- family, mobile home, Single- family, duplex, Permitted Housing Types duplex, townhomes, multi- townhome (max 4- units) family 20 uses w/ SUP = 10 uses w/ SUP (convenience stores, kennels, (recreation establishments, Nonresidential Uses camping) day care centers) z 15 uses by -right z 10 uses by -right (parks, (wholesale nurseries, stables) libraries, churches) • The R -5 district allows duplexes, triplexes, quadruplexes, townhomes, and accessory dwelling units. However, mobile homes and multi - family developments, such as traditional apartments, are not permitted in this district. According to the applicant, they are seeking to construct townhomes within the area proposed to be rezoned. • If townhomes are developed, a minimum 20 -foot buffer is required around the northwestern property line of the project because the proposed development is adjacent to single - family dwellings within the Quailwoods subdivision. This required buffer will aid in screening the subject property from property owners to the west along Murrayville Road. In addition, the townhome units will be restricted to a maximum height of 35 feet, which is the same standard applied in the R -15 district. Compliance with these provisions will be reviewed by the Technical Review Committee during the subdivision review process. • Because this is a general map amendment and not a conditional rezoning, uses that would be allowed on the property are those allowed by right or by Special Use Permit in the R -5 district. A conceptual site plan is not included with this application, however, if approved, the development of the site must comply with the standards of the R -5 district and other applicable regulations, including buffering and stormwater standards. Z19 -10 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 3 Page 3 of 11 TRANSPORTATION • The subject site is located between the terminus of Murrayville Road and the future Military Cutoff extension. As proposed, a northern access point will be at the current terminus of Murrayville Road and a southern access point will be at the current terminus of Springwater Drive. <;: Glue Sty, ndi' _ - the G& , _ of the , > dro_ f 40 r a R - ltor 4 W� r • The applicant completed a Traffic Impact Analysis (TIA) which was approved by NCDOT and the WMPO in 2017. The TIA analyzed the entire 1 35 -acre Hanover Reserve project area with 330 single - family dwellings at full build out. The TIA requires Murrayville Road to be extended to the future Military Cutoff extension, and signal timing to be modified at the intersections of Torchwood Boulevard at Market Street and Gordon Road at White Road. • The map below illustrates the entire 1 35 -acre Hanover Reserve development included in the TIA with staff markups highlighting the proposed rezoning area and the existing single - family phase. Z1 9 -10 Staff Report BOC 1.6.2020 Page 4 of 11 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 4 Military Cutoff Extension Approx. Hanover :Reserve TIA Study Area a Approx. Area of Existing Single - Family �- - Phase Approx. Area of R Proposed Rezoning ti..• ,L L .� � .�1 � it � �. • NCDOT has indicated that because the proposed rezoning, and the potential to develop townhomes on the subject site would not increase the overall intensity analyzed in the TIA of the entire project area, an update to the analysis would not be necessary at this time. However, if in the future the applicant requests to modify the original plan to include commercial and higher density housing within the remaining portion of the area analyzed in the TIA, a revised TIA would be required. • Negotiations between the property owner and NCDOT during the design of the Military Cutoff extension project resulted in an agreement that the developer would extend Murrayville Road to connect to the future Military Cutoff extension. • NCDOT has indicated that the developer will be required to submit the roadway design to the District Office and follow the standard plan review and approval process. This process is critical to ensure that Murrayville Road and Military Cutoff extensions are aligned properly and the intersection locations are coordinated to avoid any construction complications in the future. In addition, the developer must dedicate the roadway as public and it must be constructed to NCDOT standards, as it will be added to the State Maintained Network. Z1 9 -10 Staff Report BOC 1.6.2020 Page 5 of 11 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 5 • If the proposed rezoning is approved, the connection to the subject site will be required when the subdivision plat is reviewed. NCDOT has indicated this road can be designed to align with the future Murrayville Road extension that will connect to the future Military Cutoff extension. • Once connected to Military Cutoff, Murrayville Road will likely be utilized as a significant east /west collector road that will connect Castle Hayne Road to Military Cutoff, allowing access to the Murrayville, Northchase, and the Laney High School areas. Although this proposal will increase traffic on Murrayville Road, the future connection may aid in alleviating traffic along Gordon Road and other local roadways as motorists have additional routes to reach their destination in the northern portion of the County. • Murrayville Road improvements are part of the WMPO Draft 2045 Master Transportation Plan as eligible for funding in anticipation of the need for possible widening or other improvements to accommodate the expected traffic from the connection to the future Military Cutoff extension. However, there is no time table for when funding may be available and the improvements would be constructed. Below Illustration of the Future Road Network in the Area. Z1 9 -10 Staff Report BOC 1.6.2020 Page 6 of 11 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 6 TRAFFIC • Typically, single - family dwellings generate approximately one trip in the peak hours, while townhomes generate approximately 0.5 trips in the peak hours. A by -right residential development on the site under the current zoning would allow 16 dwelling units, which would generate about 12 trips in the AM peak hours and 16 trips in the PM peak hours. Under the proposed R -5 zoning, up to 53 townhomes could be constructed on the site, which would generate about 22 trips in both the AM and PM peak hours. The expected net difference in traffic would be an increase of 10 AM peak trips and 6 PM peak trips. • The adjacent roads have the current capacity to accommodate the estimated net increase of 10 AM and 6 PM peak hour trips when compared to the current zoning. Z19 -10 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 7 Page 7 of 1 1 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Under Review Under Draft rameron Trace i TIA Approved �l Wave Bus Stop al STIP Project W+ 1 Mile Radius 1- f .� ) I ILANTArlp -- - A STIR Project U -4751 Hanover Reserve -A TIA Approved Z19 -10� t1 hdy�y MrieS 0 0.25 0.5 Nearby NC STIP Projects: 5HP Project U -4902D • STIP Project U -4751 (Military Cutoff Extension). • Project to extend Military Cutoff from Market Street to 1 -140. • The project is currently under construction and is expected to be completed in early - 2023. • The extension of Military Cutoff will run about three quarters of a mile west of the subject site. Lendire Road /Brittany Lakes Drive, Torchwood Boulevard, and Putnam Drive /Bradfield Court will connect to the Military Cutoff extension, allowing access to neighborhoods west of the site. • The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project. • NCDOT recently obtained ownership of Lendire Road from Market Street to the Military Cutoff extension. The connection of Lendire Road to the future Military Z19 -10 Staff Report BOC 1.6.2020 Page 8 of 11 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 8 Cutoff will allow the road to function as a collector street, however, NCDOT does not have any current plans to make improvements to the road. STIP Project U -4902D (Market Street Median) • Project to install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10 -foot multi -use path on the eastern side of the street, and a 5 -foot sidewalk on the western side of the street. • The project is currently under construction and is expected to be completed in early - 2023. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity TIA Status (Subject Site) • Phase 1: 35 single - family • 2018 Build Out Year 1. Cameron Trace dwellings • Approved May 8, 2017 • Modify the signal timing at Torchwood Boulevard at Market Street, and White Road at • Phase 2: 85 single - family • 2017 Build Out Year • Cameron Trace dwellings now contain occupied single - family dwellings. The TIA required improvements must be completed during Phase 2 of the development. The notable improvements consisted of: • Providing an eastbound left turn lane at the intersection of Murrayville Road and Covey Lane Nearby Proposed Developments included within the TIA: • N/A Development Status: Phase 1 has been constructed and the left turn lane has been installed. Phase 2 site work is underway and the lots were recorded on June 3, 2019. 2. Hanover Reserve • Approved July 1 3, 2017 (Subject Site) • 330 single - family dwellings • 2018 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Connecting Murrayville Road to Military Cutoff extension • Modify the signal timing at Torchwood Boulevard at Market Street, and White Road at Gordon Road. Nearby Proposed Developments included within the TIA: • Cameron Trace Development Status: 192 lots have been platted and are under construction, most of which now contain occupied single - family dwellings. Z19 -10 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 9 Page 9 of 11 ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Smith Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitation) soils, however, the project will connect to CFPUA sewer services when capacity is available or when alternative infrastructure improvements have been made. 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Focuses on small - scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. The subject property is located near the intersection of Murrayville Rd. and Crooked Pine Rd., between the Quail Woods subdivision, the portion of Hanover Reserve already platted, and the extension of Military Cutoff Rd. currently under construction. This portion of the county was designated as a Community Mixed Use place type in the Comprehensive Plan to provide Analysis opportunities for a greater mix of uses and diversity of housing types in this currently undeveloped area adjacent to an anticipated major roadway. The proposed R -5 zoning, one of the new zoning tools adopted in 2019 to provide for the development patterns outlined in the Comprehensive Plan, would allow the moderate density neighborhoods recommended for Community Mixed Use areas. It is intended to serve as a transition between Z19 -10 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 10 Page 10 of 11 PLANNING BOARD ACTION The Planning Board considered this application at their December 5, 2019 meeting. One member of the public spoke during the hearing citing concerns about drainage and nuisances from activities taking place on the undeveloped properties in the area. Traffic and school impacts were also mentioned. The Planning Board recommended approval of the application (5 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal is in line with the density range of the Community Mixed Use place type, provides an orderly transition between the existing lower density residential areas and the anticipated higher intensity development adjacent to Military Cutoff Road, and provides for a range of housing types near an anticipated major roadway. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports opportunities for more affordable housing and assists with providing a range of housing types to the area. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation. The proposal is generally consistent with the objectives of the R -5 Zoning District and the Comprehensive Plan. The project will add a new higher density housing type to an area that is expected to develop with a mixture of higher density residential and commercial uses, as promoted by the Community Mixed -Use place type. In addition, the proposal is consistent with the density range for this place type, provides an appropriate transition from the existing single - family neighborhood to the generally undeveloped north, and aligns with the Comprehensive Plan's goals of more diversity of housing types. Z19 -10 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 11 Page 11 of 11 mixed -use or commercial development (such as what is likely along Military Cutoff) and low (such as R -15) to moderate density residential development. The requested R -5 zoning could assist in providing an orderly transition between existing lower density residential areas and the higher intensity mixed use node likely to occur along Military Cutoff in this area. Its densities are in line with those recommended for residential developments in Community Mixed Use areas and aligns with the county's goals of providing for a range of housing types. The proposed R -5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposal is in line with the density range Consistency of the Community Mixed Use place type, provides an orderly transition Recommendation between existing lower density residential neighborhoods and anticipated higher intensity development adjacent to Military Cutoff Rd., and would align with the Comprehensive Plan's goals of more diversity of housing types. PLANNING BOARD ACTION The Planning Board considered this application at their December 5, 2019 meeting. One member of the public spoke during the hearing citing concerns about drainage and nuisances from activities taking place on the undeveloped properties in the area. Traffic and school impacts were also mentioned. The Planning Board recommended approval of the application (5 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal is in line with the density range of the Community Mixed Use place type, provides an orderly transition between the existing lower density residential areas and the anticipated higher intensity development adjacent to Military Cutoff Road, and provides for a range of housing types near an anticipated major roadway. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports opportunities for more affordable housing and assists with providing a range of housing types to the area. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation. The proposal is generally consistent with the objectives of the R -5 Zoning District and the Comprehensive Plan. The project will add a new higher density housing type to an area that is expected to develop with a mixture of higher density residential and commercial uses, as promoted by the Community Mixed -Use place type. In addition, the proposal is consistent with the density range for this place type, provides an appropriate transition from the existing single - family neighborhood to the generally undeveloped north, and aligns with the Comprehensive Plan's goals of more diversity of housing types. Z19 -10 Staff Report BOC 1.6.2020 Board of Commissioners - January 6, 2020 ITEM: 7 - 2 - 11 Page 11 of 11 NEW HANOVER COUNTY SCHOOLS, NC REDISTRICTING STUDY 2020: OPTIONS STATISTICS Elementary School Options Estimated Enrollment Statistics Cr )ppen�l5 Elementary School 2021 -22 Capacity Total Enrolled DRAFT Option 3d Estimated Enrollment Alderman 270 277 298 Anderson 543 671 638 Bellamy 400 614 473 CRECC 93 126 92 Blair 549 587 510 Bradley Creek 344 417 336 Carolina Beach 370 461 437 Castle Hayne 524 539 499 College Park 488 450 574 Forest Hills 431 368 496 Freeman 358 260 276 Holly Tree 413 511 489 Murrayville 558 666 520 Ogden 534 695 582 Parsley 423 681 554 Pine Valley 416 602 517 Porter's Neck 503 518 Snipes 528 417 405 Sunset Park 435 357 500 Williams 353 449 466 Winter Park 286 310 278 Wrightsboro 499 560 569 Wrightsville Beach 265 314 305 Total 9583 10332 10332 *Student counts are based on the 04/24/2019 NHCS student database. *Capacity counts were calculated using 2021 -22 modified capacity numbers w/o mobile units. These capacities reflect the State's implementation of a reduction in class sizes. Board of Commissioners - January 6, 2020 A NH(S Revised: 11/01/2019 NEW HANOVER COUNTY SCHOOLS, NC REDISTRICTING STUDY 2020: OPTIONS STATISTICS Elementary School Options Estimated Enrollment Statistics (Continued) Cr )ppen�l5 Elementary School 2021 -22 Capacity Enrolled Utilization DRAFT Option 3d Utilization Alderman 270 103% 110% Anderson 543 124% 117% Bellamy 400 154% 118% CRECC 93 135% 99% Blair 549 107% 93% Bradley Creek 344 121% 98% Carolina Beach 370 125% 118% Castle Hayne 524 103% 95% College Park 488 92% 118% Forest Hills 431 85% 115% Freeman 358 73% 77% Holly Tree 413 124% 118% Murrayville 558 119% 93% Ogden 534 130% 109% Parsley 423 161% 131% Pine Valley 416 145% 124% Porter's Neck 503 103% Snipes 528 79% 77% Sunset Park 435 82% 115% Williams 353 127% 132% Winter Park 286 108% 97% Wrightsboro 499 112% 114% Wrightsville Beach 265 118% 115% 9583 108% 108% *Student counts are based on the 04/24/2019 NHCS student database. *Capacity counts were calculated using 2021 -22 modified capacity numbers w/o mobile units. These capacities reflect the State's implementation of a reduction in class sizes. A NH(S 3 Revised: 11/01/2019 Board of Commissioners - January 6, 2020 NEW HANOVER COUNTY SCHOOLS, NC REDISTRICTING STUDY 2020: OPTIONS STATISTICS Middle School Options Estimated Enrollment Statistics Cr )ppen�l5 Middle School 2021 -22 Capacity Total Enrolled DRAFT Option 3d Estimated Enrollment Holly Shelter 918 697 869 Murray 768 1088 909 Myrtle Grove 706 725 858 Noble 592 918 703 Roland -Grise 690 895 911 Trask 622 760 723 Williston 736 657 767 Total 0 5032 5740 5740 *Student counts are based on the 04/24/2019 NHCS student database. *Capacity counts were calculated using 2021 -22 modified capacity numbers w/o mobile units. These capacities reflect the State's implementation of a reduction in class sizes. Middle School 2021 -22 Capacity Enrolled Utilization DRAFT Option 3d Utilization Holly Shelter 918 1 76% 95% Murray 768 142% 118% Myrtle Grove 706 103% 122% Noble 592 155% 119% Roland -Grise 690 130% 132% Trask 622 122% 116% Williston 736 89% 104% Total 5032 114% 114% *Student counts are based on the 04/24/2019 NHCS student database. *Capacity counts were calculated using 2021 -22 modified capacity numbers w/o mobile units. These capacities reflect the State's implementation of a reduction in class sizes. A NHCS 9 Revised: 11/01/2019 Board of Commissioners - January 6, 2020 NEW HANOVER COUNTY SCHOOLS, NC REDISTRICTING STUDY 2020: OPTIONS STATISTICS Hieh School Estimated Enrollment Statistics High School Grade Config 2021 -22 Capacity Total Enrolled Enrolled Utilization Ashley 9-12 1756 1838 105% Hoggard 9-12 1742 1809 104% Laney 9-12 1853 2093 113% New Hanover 1 9-12 1668 1 1379 1 83% Total Mi 5.1% 1 7019 1 7119 1 101.4% *Student counts are based on the 04/24/2019 NHCS student database. *Capacity counts were calculated using 2021 -22 modified capacity numbers w/o mobile units. These capacities reflect the State's implementation of a reduction in class sizes. High School Demographics Statistics *Student counts are based on the 04/24/2019 NHCS student database. *Capacity counts were calculated using 2021 -22 modified capacity numbers w/o mobile units. These capacities reflect the State's implementation of a reduction in class sizes. Cr )ppen�l5 A NHCS 13 Revised: 11/01/2019 Board of Commissioners - January 6, 2020 Enrolled High School Percent Black Percent White Percent Hispanic Percent Other Ashley 9.4% 73.7% 10.2% 6.8% Hoggard 10.4% 74.7% 9.2% 5.7% Laney 19.4% 60.1% 13.8% 6.7% New Hanover 32.4% 46.1% 16.4% 5.1% Total 17.1% 64.60/, 12.2% 6.2% *Student counts are based on the 04/24/2019 NHCS student database. *Capacity counts were calculated using 2021 -22 modified capacity numbers w/o mobile units. These capacities reflect the State's implementation of a reduction in class sizes. Cr )ppen�l5 A NHCS 13 Revised: 11/01/2019 Board of Commissioners - January 6, 2020 Case: Site Address: Z19 -10 7300 block Springwater Dr Existing Zoning /Use: R -15/ Undeveloped 500 rd of Commissioners - Janu Feet ITEM: 7 - Subject Site R -15 Proposed Use /Zoning: R -5 Zoning Districts Water Sewer A -1 EDZD ■ PD N R -20S SC AR 1 -1 R -10 ❑ R -7 B -1 N 1 -2 R -15 RA B -2 0&1 R -20 ■ RFMU ® Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 55.1 of the Zoning Ordinance FIncorporated Areas 1 .SHOD Case: Site Address: Z19 -10 7300 block Springwater Dr GENERAL RESIDENTIAL Existing Zoning /Use: R -15/ Undeveloped Ef w z a 500 rd of Commissioners - Janu Feet A� 7/1:4; Proposed Use /Zoning: R -5 N 0" 1 COMMUNITY MIXED USE Subject Site Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Site Address: Z19 -10 7300 block Springwater Dr U �A F OR 0 7221/ /.223 q • 7405 • 1 •7401 7319 7317 74\ 7315 • 740C 7313 • • 1406 6 • 40 V, 1405 J, •1402 1412 %� • \ F2 • 1410` 1403 r 1400 G'��`• \�• 1401 s 1408 • 79 � ,-'* Existing Zoning /Use: R -15/ Undeveloped 1253 4 UJI 7415 7416 • U Subject Site Proposed Use /Zoning: R -5 it N • 1;A 1406 1361• 14070 1405 • 140, 1353, •�1 • 14C 0p� �7313 i� 3 • �Q 1401 •1400 �7317 • ' 321 500 Feet 13 #91357 1341 7353 354 1333''yy • •�• 5 135600 7349 • 1317 1325 1329y1337 1344 • • 1352 1360 7345 1304 • • 1321y • 1330 1348 7341 • ,1308 1320.28 • 32 1484 • 1312 • • 1324 1488 • • 317 1544 1316 1496 • 1492 7333 / 1508 7329 1540 0 1536 1512 • r 1528 1520 0 1504 ! 7 1545 • • 1 a • • 1516 -7325 • . 1541 1532 1513-1509, 732 • 15 3"1525 1521• 517 0 1505 • 1537 • I • • 1529 w T O rd of Commissioners - January 6, 202 ry ITEM: 7 - 0 X140 Site r �l n !�� 7 AV . APPLICANT MATERIALS Board of Commissioners - January 6, 2020 ITEM: 7 - 7 - 1 NEW HANOVER COUNTY 230 Government Center Drive Suite 110 PLANNING & LAND USE Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax Application for v'v'w.nhcgov.com ZONING MAP AMENDMENT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address TDR -I-II,, LLC Same as Petitioner A portion of 1308 Crooked Pine Rd. Company Owner Name 2 Parcel ID(s) A portion of R02800 -004- 104 -000 Address Address Area P.O. Box 381 f 5.28 acres City, State, Zip City, State, Zip Existing Zoning and Use Wrightsville Beach NC 28480 R -15, vacant land Phone Phone Proposed Zoning and Use (910) 256 -4780 R -5, residential Email Email Land Classification w.j.bland @gmail.com Community Mixed Use Information Application Tracking / Case Number Date /Time received: Received by: Z1� -10 l S oig �S APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments: • Section 110: Amending the Ordinance • Section 111: Petitions • Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Board of Co _sligw,gs - January 6, 2020 EM:7 -8 -1 V4/14 APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Initial Staff Initial Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. i �—IY�� j Legal description (by metes and bounds) of property requested for rezoning. ? t Copy of the subdivision map or recorded plat which delineates the property.=4-4 h, Any special requirements of the Ordinance (for example, Section 54.2 for Planned Development District, Section 54.1 for Exceptional Design Zoning District, or Section 54.3 for Riverfront Mixed Use District) N r� / A report of the required public information meeting outlined in Section 111 -2.1 (if applicable) f Authority for Appointment of Agent Form (if applicable) Fee - For petitions involving 5 acres or less, $500. For petitions involving greater than 5 acres, $600 Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the zoning district which is being requested for the subject property. Rezoning requests must be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance, and the applicant has the burden of proving that the request is not consistent with the county's adopted land use plan, zoning ordinance, reasonable, and in the public's interest. The applicant should explain, with reference to attached plans (where applicable), how the proposed zoning district satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. How would the requested change be consistent with the County's Policies for Growth and Development? Please see attached Exhibit "A" Page 2 of 3 Board of Commissioners - January 6, 2020 04/14 ITEM: 7 - 8 - 2 C 2. How would the requested zone change be consistent with the property's classification on the Land uiassftication Please see attached Exhibit "A" J. vvnaL sfgfnncan[ neignnornooa cnanges nave occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? _i rage s of 3 Board of Commissioners - January 6, 2020 04/14 ITEM: 7 - 8 - 3 Please see attached Exhibit "A" 1. How will this change of zoning serve the public interest? Please see attached Exhibit "A" If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the zoning district for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. TD L Signatur of Petitioner and /or Property Owner Print Name _i rage s of 3 Board of Commissioners - January 6, 2020 04/14 ITEM: 7 - 8 - 3 NEW HANOVER COUNTY PLANNING & LAND USE AUTHORITY FOR == APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 1 10 Wilmington, NC 28403 910 -798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Matthew A. Nichols TDR -HL, LLC 1308 Crooked Pine Rd. Company Owner Name 2 City, State, Zip s Law Office of Matthew A. Nichols Wilmington, NC 28411 Address Address ParcC11D 3205 Randall Pkwy, Suite 104 ! P.O. Box 381 R02800- 004 - 104 -000 City, State, Zip City, State, Zip Wilmington, NC 28403 j Wrightsville Beach, NC 28480 Phone I Phone (910) 508 -7476 i (910) 256 -4780 Email Email matt @mattnicholslaw.com w.j.bland @gmail.com Case Number Reference: - I Date lime received: Received by: I I This document was willfully executed on the TDR -HL, LLC Owner day of 4 _ , 20 15 Owner 2 Signature 09/14 Board of Commissioners - January 6, 2020 ITEM: 7 - 8 - 4 Exhibit A to General Rezoning Application Property Address: 1308 Crooked Pine Rd. A portion of New Hanover County P arcel ID No. R02800- 004 - 104 -000 1. How would the requested change be consistent with the County's Policies for Growth and Development? The requested rezoning would be consistent with the County's Policies for Growth and Development, as most recently reflected by the New Hanover County Board of Commissioner's unanimous approval of several new Zoning Districts in July 2019. The subject property is currently zoned R -15; however, the Comprehensive Plan placetype for this location is Community Mixed Use, which favors moderate density residential. The R -5 district allows a moderately more dense development than traditional R -15 single - family, and the R -5 District offers alternate housing types and a generally more affordable housing option in a more efficient manner by utilizing less land area per housing unit. According to New Hanover County Zoning Ordinance Section 51.9 (R -5 Moderate - High Residential District) the intent of the R -5 District "is to provide moderate to high density residential development on smaller lots with a compact and walkable development pattern. R -5 zoning allows a range of housing types and can be developed in conjunction with a non - residential district to create a mixed -use development pattern as well as serve as a transition between mixed -use or commercial development and low to moderate density residential development, such as R -7 and R -10 zoning." This type of compact walkable development better serves the purposes of the Community Mixed Use placetype, particularly as a buffer between the new major corridor being constructed to the east and the adjacent R -15 single - family subdivisions. Additionally, it is significant to note that the uses allowed in the R -5 District are generally more restrictive than the R -15 District. Several uses that are allowed in the R- 15 District by right or by special use permit are simply not allowed in R -5 District. For example, kennels, convenience food stores, hospitals, colleges and mobile home parks are all allowed in R -15 District by special use permit but are not allowed in the R -5 District. Wholesale nurseries, stables and demolitions - landscape landfills are uses permitted by right in the R -15 District but not permitted at all in the R -5 District. While the R -5 District does allow government offices and buildings and senior living (active adult retirement community or independent living) by right, these same uses are also allowed by special use permit under the existing R -15 zoning. The only use allowed in the R -5 District which is not allowed in the R -15 District is an accessory dwelling unit, which is a use that is very compatible with any surrounding R -15 residential development. As the property is located in the Community Mixed Use placetype and Military Cutoff Extension is currently being constructed through the area, the limited uses and density of the R -5 zoning district offer a transition to a more dense housing type preferred Board of Commissioners - January 6, 2020 ITEM: 7 - 8 - 5 in the Community Mixed Use placetype, thereby respecting the current character of the area while planning for the future changes that will occur with the completion of the roadway project and the development of the community mixed use area. Additionally, the requested rezoning in consistent with many goals and policies of the Comprehensive Plan including the following: Goal IX.D.1 Encourage incremental inclusion of mixed uses into areas that are single use dominated where the uses are compatible with the surrounding neighborhoods. Allowing this property to be rezoned to a slightly higher residential density keeps the area compatible with adjacent single - family housing while offering a transition between the existing subdivisions and the soon to be completed Military Cutoff Extension and commercial development that may occur in the future in this Community Mixed Use area adjacent to the completed extension. XV.A.2 Encourage a mixture of uses in an effort to provide diversity of housing choice. While the surrounding area is largely dominated by R -15 style single family subdivisions, this particular property is located in the recently established Community Mixed Use area and the larger parcel is adjacent to the soon to be completed Military Cutoff Extension. The proposed zoning district offers an alternative housing choice in an area currently dominated by R -15 zoning and offers a transition to the Community Mixed Use area, the Military Cutoff Extension and future commercial development that is likely to take place adjacent to the new major corridor. XV.A.4 Incentivize, through the development process, the inclusion of diverse housing choices and opportunities in urban and community mixed use areas so that safe and conveniently located communities are available regardless of age or income. This property is located within the Community Mixed Use area and near a future major corridor that is currently under construction. As such, it is likely that in the future, commercial development will take place adjacent to the completed Military Cutoff Extension. R -5 will allow a higher density housing choice that is appropriate in Community Mixed Use to act as a transition for future development toward the corridor. Eventually, this will facilitate an appropriately scaled, mixed use area to develop in the area as preferred by the Comprehensive Plan allowing convenience and walkability to goods and services for residents of the area. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The property is designated by the Comprehensive Plan as a Community Mixed Use Placetype as illustrated below. Board of Commissioners - January 6, 2020 ITEM: 7 - 8 - 6 The Community Mixed Use Placetype favors moderate - density rather than low- density residential, as well as small scale, compact mixed use patterns that serve multimodal travel that attracts residents and visitors. With the development of the Military Cutoff Extension adjacent to the larger parcel, this property is very favorable for more compact, higher- density residential to support future community mixed uses in this location as favored by the Comprehensive Plan. -r { f7Ei1N1AlON 011ITAD U }FS t«.4 ft-d U. M'414..Oy ?..d —f SkQ*'Fu d. Y..d...W .uaay.•.n ero 9rr� ,r naro �.or'•h•,�. M.d.}at. D. —y Wrr4-0 C" olf..4 6"* nrcW X-d U. Csr..Ma,ol r Mvrtort.+trer rtrrtNS!rr - i e , ®MIN � SDP . MOO! CNOSClS ��`�w}M. i • kM.Mw�M�. � l.W...vM.aV �i�..i wN.IMp ♦ Typical Zoning Categories M,oderafe Density Reside;itial I Commercial Office & Institutional Mixed Use Use Number of Stories Ideal Density Office 1 -2 Moderate Retail 1 -2 Low /Moderate Mixed Use Moderate ulti- Family 2 -3 Moderate Residential (12 -15 du/acre) Single - Family 1 -3 Moderate Residential ( tt du, %acre)" Board of Commissioners - January 6, 2020 ITEM: 7 - 8 - 7 9 As illustrated above, the preferred residential density in the Community Mixed Use placetype is 12 -15 units per acre for multi - family and ±8 units per acre for single family. The maximum density for the R -5 district is 8 units per acre, exactly what the Community Mixed Use placetype calls for as an ideal density. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? At least four significant changes have occurred within recent years which make the requested R -5 District a more suitable zoning district for this property than the R -15 District, which was assigned to this property approximately 40 years ago. The first is the unprecedented growth in New Hanover County. According to the Comprehensive Plan, it is possible at the current rate for New Hanover County to grow by more than 100,000 additional residents by 2040 resulting in a possible population of 337,000 by that time. This growth trend has resulted in a need for the development of more compact, efficient housing in order to accommodate the current and projected population growth. The second significant charge occurred in 2016 when the New Hanover County Board of County Commissioners adopted the Comprehensive Plan and current Future Land Use Map, which designated this property as Community Mixed Use as the preferred development pattern rather than General Residential. As illustrated in response to Question 2 above, low density residential uses are not preferred in the Community Mixed Use placetypes. Instead, moderate residential densities, including both multi - family and single family, are preferred. The third significant change that has occurred very recently is the adoption of new Zoning Districts by the New Hanover County Board of Commissioners in July 2019, including the R -5 District. The fourth significant change is currently under way, with the construction of Military Cutoff Extension, which will provide a substantial change to the overall transportation patterns and planning in northern New Hanover County. Given the need for additional and alternative housing choices in the County, the Community Mixed Use placetype designation of the area and the major corridor currently under construction adjacent to the larger parcel, the new R -5 District is an ideal fit. The R -5 District offers more efficient housing alternatives that respect the character of the adjacent to R -15 single - family residential development and allows for a very good transition area toward the major corridor and future development of the community mixed use area adjacent to the subject property. Board of Commissioners - January 6, 2020 ITEM: 7 - 8 - 8 4. How will this change of zoning serve the public interest? The zoning change will allow for the development of additional housing options to help accommodate New Hanover County's growth and the changing preferences for more compact, efficient housing developments. The R -5 District provides a more efficient use of land and generally provides a more affordable housing type and product in comparison to an R -15 development. If large portions of New Hanover County's available residential land remain zoned R -15 District, which generally results in a low- density single - family development instead of adding more efficient and denser housing options, housing costs will continue to surge, with fewer available housing options. With a possible additional 100,000 additional residents anticipated to be moving into the area in the next 20 years, building out the County with traditional R -15 single family subdivisions will not provide the housing needed and could result in many people being priced out of the ability to live in our community. The proposed R -5 District rezoning can offer more housing than available under the current R -15 District while maintaining the character of the area. Additionally, the R -5 District offers a transition in the Community Mixed Use area near a major corridor under construction. Board of Commissioners - January 6, 2020 ITEM: 7 - 8 - 9 ;J �,. r7l At F ?4 y ti - d , Y�fi• 3�� Y� ` W Tar_ —.�" ,. p = w Vr . � s INA Board of Commissioners - January 6, 2020 _ ,. ITEM: 7 - 8 - 10 °?� Revised Legal Description for Rezoning Case: Z19 -10 Beginning at a point in the northwestern boundary of Springwater Drive, a fifty -foot (50') private right -of -way; said right -of -way recorded on a map entitled "The Sanctuary at Hanover Reserve, Phase 3, Section 2 as recorded among the land records of the New Hanover County Registry in Map Book 64, at Page 382; and running thence: South 33 °49'45" West, 45.68' to a point; thence, North 56 °10'15" West, 120.00' to a point; thence North 33 °49'45" East, 97.00' to a point; thence North 56 °10'15" West, 25.00' to a point; thence North 33 °49'45" East, 601.06' to a point; thence North 54 052'46" West, 85.10 feet to a point in the southeastern line of Murrayville Road, a sixty -foot (60') public right -of -way; thence along that right -of -way, North 65 039'45" East, 76.10 feet to a point; thence North 54 052'46" West, 17.13 feet to a point; thence North 14 032'37" East, 10.88 feet to a point; thence North 69 047'51" East, 258.66 feet to a point; thence South 20 012'09" East, 255.31 feet to a point; thence South 69 047'51" West, 122.35 feet to a point; thence Along a Curve to the left, having a Radius of 75.00 feet and Length of 15.38 feet, a Chord of South 63 155'23" West, 15.35 feet to a point; thence South 20 °02'50" East, 140.39 feet to a point; thence, South 33 °49'45" West, 38.04' to a point; thence, South 26 °42'36" East, 226.34' to a point; thence North 84 °33'39" West, 224.01' to a point; thence South 33 049'45" West, 274.28 feet to a point; thence South 32 052'23" West, 47.60 feet to a point; thence North 56 010'15" West, 170.79 feet to the Point of Beginning containing 6.58 acres, more or less, and being a portion of the 123.81 -acre / Hanover Land, LLC Tract as shown on Map Book 59, at Page 360 of the New Hanover County Registry. This description is derived from information compiled in the New Hanover County Register of Deeds and is not the result of a certified survey. Board of Commissioners - January 6, 2020 ITEM: 7 - 8 - 11