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Z20-05 The Pinnacle Apartments Application Package 2.6.2020Page 4 of 7 Conditional Zoning District Application – Updated 5/2017 Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: ______________________ Total Acreage of Proposed District: __________ 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). ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ 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. ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ (CZD)MF-M 6.50 AC. PROPOSED FOUR (4) THREE-STORY / 24-UNIT APARTMENT BUILDINGS WITH ACCESSORY AMENITY AREA, PARKING & STORMWATER FACILITY. ** REFERENCE SITE PLAN FOR SITE LAYOUT & IMPROVEMENTS Page 5 of 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. 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. ITE Land Use: _________________________________________________________________________________ Trip Generation Use and Variable (gross floor area, dwelling units, etc.): __________________________________ 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 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) _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ 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? _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ 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? _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ 4000 S.F. RETAIL (820)/96 MID-RISE APTS (221) CALCULATED PER GFA & DWELLINGS 53 /33 = 86 53 /43 = 96 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 services. The tract is identified in the Comprehensive Land Use Plan as a Community Mixed-use place type. The plan suggests higher densities to support the small-scale, compact development patterns that the place type promotes. The proposed development is an acceptable transition between the busy highway corridor and the more established single-family housing beyond the boundary of the tract. Market Street (US Hwy 17) is a major thoroughfare of the community. Single-family residences are less attractive along very busy traffic corridors. Transition of density is an acceptable planning strategy. Legal Descriptions for Conditional Zoning Districts at 8814 Market Street Rezoning 0.65 acres+/‐ from R‐15 & B‐1 to (CZD) CB: Beginning at a point in the southeastern boundary of Market Street (U.S. Hwy. 17), a variable width public right‐of‐way; said point being located approximately 410 feet along the boundary from its intersection with the northeastern boundary of Old Market Street (a.k.a. Futch Creek Road Extension); and running thence with the Market Street right‐of‐way: North 42024’57” East, 155.75 feet to a point; thence South 48001’59” East, 196.60 feet to a point in the southeastern boundary of a 30’ Duke Power Right‐of‐way; thence with that easement, South 42022’34” West, 138.89 feet to a point; thence North 53001’58” West, 193.47 feet to the point and place of beginning, containing 0.65 acres, more or less. Rezoning 6.50 acres+/‐ from R‐15 & B‐1 to (CZD) RMF‐M: Beginning at a point in the southeastern boundary of a 30’ Duke Power Right‐of‐Way; said point being located approximately 410 feet along the southeastern boundary of Market Street (U.S. Hwy. 17), a variable with public right‐of‐way, from its intersection with the northeastern boundary of Old Market Street (a.k.a. Futch Creek Road Extension), thence North 42024’57” East, 155.75 feet, thence South 48001’59” East, 196.60 feet to the point of beginning; and running thence from the that point of beginning: South 48001’59” East, 4.09 feet to a point; thence South 44028’37” East, 177.72 feet to a point; thence South 47007’47” East, 135.05 feet to a point; thence South 47020’31” East, 134.59 feet to a point; thence South 43008’49” West, 236.54 feet to a point; thence South 46011’17” West, 419.97 feet to a point; thence South 49041’16” East, 105.47 feet to a point; thence South 46005’01” West, 40.20 feet to a point; thence North 49043’30” West, 512.22 feet to a point; thence North 47027’07” East, 1.28 feet to a point; thence North 00057’32” West, 33.46 feet to a point; thence South 51018’49” East, 183.63 feet to a point; thence North 43004’42” East, 150.37 feet to a point; thence North 51018’49” West, 100.05 feet to a point; thence South 43003’39” West, 47.17 feet to a point; thence North 50054’37” West, 113.33 feet to a point; thence North 42030’50” East, 242.05 feet to a point; thence South 52038’43” East, 45.99 feet to a point; thence North 42037’10” East, 75.22 feet to a point; thence South 53004’19” East, 124.09 feet to a point; thence North 42034’31” East, 134.89 feet to a point; thence North 53001’58” West, 131.00 feet to a point in the Duke Power Right‐of‐Way; thence with that line, North 42022’34” East, 138.89 feet to the point and place of beginning, containing 6.50 acres, more or less. REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Pinnacle Apartments (8814 Market Street) Proposed Zoning: R-15 & B-1 to (CZD) RMF-M The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on December 16, 2019 . A copy of that written notice and the list of recipients is attached. The meeting was held at the following time and place: Wednesday, December 30, 2019, 6:00 p.m.; at the Pender County Annex auditorium, 15060 Hwy 17, Hampstead. The persons in attendance at the meeting were: Reference attached sign-in list. The following issues were discussed at the meeting: A brief presentation was given on the proposed project. Several people were confusing it with the on-going Oaks at Murray Farms petition. It was explained that all traffic from this project would access Hwy. 17 directly. Other concerns were over the drainage that currently traverses the site. That flow will be bi-passed within a piped system in a public drainage easement. Runoff from the subject development will be maintained in an on-site pond meeting the pre- / post- detention requirements. As a result of the meeting, the following changes were made to the petition: No changes were made to the concept layout for four (4) three-story / 24-unit buildings, but the plan has been better detailed for submittal. Date: February 4, 2020 Applicant: Design Solutions By: Cindee Wolf