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5-5-2022 Planning Board Packet NEW HANOVER COUNTY PLANNING BOARD AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC 28401 Members of the Board Jeffrey P Petroff, Chair | Donna Girardot, Vice-Chair Paul Boney | Hansen Matthews | Jeffrey Stokley Jr. | H. Allen Pope | Colin J. Tarrant Rebekah Roth, Director| Ken Vafier, Planning Manager MAY 5, 2022 6:00 PM Call to Order Pledge of Allegiance Approval of Minutes REGULAR ITEMS OF BUSINESS The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. 1 Public Hearing Rezoning Request (Z22-11) - Request by Martie Murphy with SHJ Construction Group, applicant, on behalf of Waverly Investments, property owner, to rezone approximately 1.75 acres of land located at 8005 and 8015 Market St from O&I, Office and Institutional, to (CZD) B-1, Regional Business for a carwash. 2 Public Hearing Rezoning Request (Z22-12) - by Cindee Wolf with Design Solutions, applicant, on behalf of Catherine E. Burney Heirs, property owner, to rezone approximately 8.02 acres of land located at 5000 N College Road from R-15, Residential District, to (CZD) CB, Community Business for an indoor/outdoor recreation establishment with a restaurant as an accessory use for members only. 3 Public Hearing Rezoning Request (Z22-13) - Request by Northside Baptist Church, property owner, to rezone approximately 21 acres of land located at 2501 N College Rd from (CZD) B-2, Regional Business, to (CZD) PD, General Planned Development, for a school. 4 Public Hearing Rezoning Request (Z22-14) – Request submitted by Cindee Wolf with Design Solutions, applicant, on behalf of ABA Self Storage, LLC, property owner, to rezone approximately 0.23 acres of land located at 4631 Carolina Beach Road from (CZD) B-2, Regional Business to (CZD) R-5, Residential for a single-family residential unit with accessory structure. 5 Public Hearing Rezoning Request (Z22-15) - Request submitted by Cindee Wolf with Design Solutions, applicant, on behalf of Oceanside Property Management, LLC, property owner, to rezone approximately 0.55 acres of land located at 49 Lennon Drive from R-15, Residential to R-5, Residential. N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D R EQ U E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 5/5/2022 Regular D E PA R T M E N T: Planning P R E S E N T E R(S ): Zach D ickerson, C urrent Planner C O N TA C T (S ): Zach D ickerson; Rebekah Roth, Planning & L a nd U se Department S U B J EC T: P ublic Hearing Rezoning Request (Z 22-11) - Request by M ar3e M urphy with S H J C onstruc3on Group, applic ant, on behalf of Waverly I nvestm ents, property owner, to rezone approximately 1.75 acres of land located at 8005 and 8015 M arket S t from O&I , O ffice and I ns3tu3onal, to (C Z D) B -1, Regional Business for a c arwash. B R I E F S U M M A RY: T he applicant is pro posing to rezone approxima tely 1.75 acres to (C Z D ) B -1 in o rder to co nstruct a 2,310 square f o o t drive-thru carwash with an adjacent 896 square f o o t equipment ro o m, and 30 vacuum stalls on site. T he subject parcel is bounded to the west by Sweetwa ter D rive and to the east and south by Market Street. T he site is located in the Po rters N eck Growth N ode, and is south of the Po rters N eck Walmart. T he subject site consists o f two parcels, bo th of which are currently zoned O &I . 8005 Market Street was rezoned O &I in 2003 fo r proposed o ffices. 8015 Market Street was rezoned O &I in 2005 f o r a proposed expansion of the Y M C A. However, neither rezo ning was condi@onal a nd @ed to a spec ifi c use and conceptual site plan. T he O &I district is intended to pro vide lands that accommodate ins@tu@ona l, professio na l o ffice and other compa@ble uses. T here are a wide variety of uses permiBed in O &I . C ommon uses include residen@al, educa@onal, civic (government services) and offi ce (medical, light co mmercial). T he purpo se of the B -1, N eighbo rhood B usiness D istrict is to pro vide lands that a c c o mmo da te a range of small-scale, low-intensity, neighbo rhood-serving commerc ial development that provides goods and services to residents o f adjacent neighborho o ds. D istrict regula @o ns a re intended to ensure uses, development intensi@es, and a development form that is co nsistent with a pedestrian-friendly walka ble and neighborho o d scale. Access is proposed to be pro vided to the subject property f ro m S weetwater Drive, a private local ro ad. Access on Sweetwater Drive will be full-access in/out. E ntrance to Market Street f ro m Sweetwater Drive is right-turn only. Motorists wan@ng to travel north on Market Street must turn right from Sweetwater D rive a nd make a U -turn at Marsh O aks Drive. T he net change in the po ten@al trip genera@on if the site were to be develo ped under the exis@ng O &I distric t with appro ximately 13,000 square f eet of offi ce space build-out to the propo sed (C Z D ) B -1 shows an approxima te increase of 38 peak P M trips. T he I T E Trip Genera@on Ma nual es@mates 51 P M peak trips under the current O &I poten@al build-o ut. T he Manual do es no t list A M peak trips f o r the carwash use, but do es include peak Saturday trips, which total 41. T he es@mated traffic generated from the site is under the 100 peak hour thresho ld tha t triggers the ordinance requirement for a Traffic I mpact Analysis (T I A). Planning Board - May 5, 2022 ITEM: 1 T he C omprehensive Plan cla ssifi es the site as U rban Mixed U se, a nd it is lo cated in the Porters N eck Growth N ode. T he U rban Mixed U se place type pro mo tes develo pment o f a mix o f residen@al, o ffice and retail uses at higher densi@es. T his place type encourages commercia l use a nd is intended to support more density near majo r ro ads. T he propo sed rezo ning is generally C O N S I S T E N T with the 2016 C omprehensive Plan because the pro ject provides f o r the type of commercial service that is appropriate f o r this area. S T R AT EGI C P L A N A L I G N M E N T: I ntelligent Growth & Eco nomic DevelopmentE nc o ura ge develo pment of complete co mmuni@es in the uninco rporated countyC i@zens have daily needs met by N H C businesses and support them R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : B ecause the pro posed rezo ning is generally consistent with the C o mprehensive Plan and would pro vide f o r the type o f commercial service that is appropriate for this area, staff recom mends approval o f this applica@o n and suggests the following mo@on: I move to recommend A P P R OVA L of the propo sed rezoning to a (C Z D ) B -1. I find it to be C O N S I S T E N T with the purpo ses and intent of the C omprehensive Plan bec ause it is loca ted in an area designated as U rban Mixed U se and as a gro wth node and provides for the uses that are a ppro pria te for this area. I also find reco mmending A P P R OVA L of the rezoning request is reaso nable and in the public interest bec ause the propo sal provides neighbo rhood-serving commercial develo pment. A lterna3 ve M o3on for Denial I move to recommend D E N I A L of the proposed rezo ning to a (C ZD ) B -1. W hile I find it to be C O N S I S T E N T with the purpo ses and intent of the C omprehensive Plan bec ause it is loca ted in an area designated as U rban Mixed U se and as a gro wth node and provides for the uses that are a ppro pria te for this area, I also fi nd recommending D E N I A L of the rezoning request is reaso nable and in the public interest bec ause it is no t co nsistent with the desired character o f the surrounding community and will adversely impact the a dja c ent neighbo rhood. AT TA C H M E N T S : Descrip@on Z22-11 Script PB Z22-11 Staff Report Z22-11 Zoning Z22-11 FLUM Z22-11 Mail Out Map Initial Application Cover Sheet Z22-11 Application Z22-11 Community Meeting Summary Concept Plan Cover Sheet Z22-11 Concept Plan Public Comments Cover Sheet Public Comments in Opposition Planning Board - May 5, 2022 ITEM: 1 C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) Planning Board - May 5, 2022 ITEM: 1 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z22-11) Rezoning Request (Z22-11) – Request by Martie Murphy with SHJ Construction Group, applicant, on behalf of Waverly Investments, property owner, to rezone approximately 1.75 acres of land located at 8005 and 8015 Market St from O&I, Office and Institutional, to (CZD) B-1, Regional Business, for a carwash. 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 an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation and supporter comments (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) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. 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. Example Motion for Approval I move to RECOMMEND approval of the proposed rezoning to a (CZD) B-1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area. I also find RECOMMENDING approval of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood- serving commercial development. Example Motion for Denial I move to RECOMMEND denial of the proposed rezoning to a (CZD) B-1. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area, I also find RECOMMENDING denial of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. Planning Board - May 5, 2022 ITEM: 1 - 1 - 1 Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional B-1 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - May 5, 2022 ITEM: 1 - 1 - 2 Z22-11 Staff Report PB 5.5.2022 Page 1 of 15 STAFF REPORT FOR Z22-11 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-11 Request: Rezoning to a Conditional B-1 district Applicant: Property Owner(s): Martie Murphy with SHJ Construction Waverly Investments Location: Acreage: 8005-8015 Market St 1.75 PID(s): Comp Plan Place Type: R03600-003-074-000 & R03600-003-075- 000 Urban Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Car Wash Current Zoning: Proposed Zoning: O&I, Office & Institutional (CZD) B-1, Neighborhood Business SURROUNDING AREA LAND USE ZONING North Commercial Services (Walmart) CZD B-2 East Commercial Services (Battleship Cycles & Marine)- across Market St. I-1 South Commercial Services O&I, I-1 West Single-Family Residential R-15 Planning Board - May 5, 2022 ITEM: 1 - 2 - 1 Z22-11 Staff Report PB 5.5.2022 Page 2 of 15 ZONING HISTORY July 6, 1971 Initially zoned R-15 July 7, 2003 Approved Rezoning Case Z-764: Rezoned from R-15 to O&I for proposed offices. July 11, 2005 Approved Rezoning Case Z-797: Rezoned from R-15 to O&I for YMCA expansion. COMMUNITY SERVICES Water/Sewer Water services are available through CFPUA. Sanitary sewer is available through CFPUA with a force main connection or can be serviced by a private septic system approved and permitted by the NHC Health Department. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Ogden Station Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Pocosin (8015 Market St) [not sufficient for minimum distinct area per UDO Table 5.7.2.A but is present on site] Historic No known historic resources Archaeological No known archaeological resources Planning Board - May 5, 2022 ITEM: 1 - 2 - 2 Z22-11 Staff Report PB 5.5.2022 Page 3 of 15 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct a 2310 sq ft drive-thru carwash with an adjacent 896 sq ft equipment room. In addition, there will be 30 vacuum stalls in the northern and central portions of the site. • The applicant’s proposed conceptual plan includes preserving several onsite plantings located in the 75’ setback in the Special Highway Overlay District (SHOD). The SHOD is designed to protect the natural beauty and scenic vista that exists along specially designated roadways that serve as major accessways and gateways into unincorporated New Hanover County. Planning Board - May 5, 2022 ITEM: 1 - 2 - 3 Z22-11 Staff Report PB 5.5.2022 Page 4 of 15 ZONING CONSIDERATIONS • The B-1 district was established to provide lands that accommodate a range of small-scale, low-intensity, neighborhood-serving commercial development that provide goods and services to residents of adjacent neighborhoods. District regulations are intended to ensure uses, development intensities, and a development form that is consistent with a pedestrian- friendly walkable and neighborhood scale. • Much of the surrounding area is developed, including the boat and bicycle sales across Market St. and the adjacent Walmart to the north. • The O&I district, as the property is currently zoned, is intended to provide lands that accommodate institutional, professional office and other compatible uses. There are a wide variety of uses permitted in O&I. Common uses include residential, educational, civic (government services) and office (medical, light commercial). • Under both the current O&I zoning and the proposed (CZD) B-1 zoning, there would be a required 30’ rear setback and an opaque buffer with landscaping required for the adjacent residential properties. The B-1 district also limits maximum building height to two stories or 40’. No building on this site plan will exceed those limits. • The proposed site is located in the SHOD, which prescribes a minimum 100’ front setback for buildings. This may be reduced by 25% if the development provides additional plantings along the right-of-way. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the north shall not exceed 0.5 foot candles. The UDO does not prescribe limitations on the height, wattage, bulb-type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Planning Board - May 5, 2022 ITEM: 1 - 2 - 4 Z22-11 Staff Report PB 5.5.2022 Page 5 of 15 AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - May 5, 2022 ITEM: 1 - 2 - 5 Z22-11 Staff Report PB 5.5.2022 Page 6 of 15 TRANSPORTATION • Access is proposed to be provided to the subject property from Sweetwater Drive, a private local road. • Access on Sweetwater Drive will be full-access in/out. • Entrance to Market Street from Sweetwater Drive is right-turn only. Motorists wanting to travel North on Market Street must turn right from Sweetwater Drive and make a U-turn at Marsh Oaks Drive. • If the subject property were developed with the 15%-18% building footprint typical for properties with O&I zoning and used for professional and medical offices, approximately 0.26 acres could be built. Planning Board - May 5, 2022 ITEM: 1 - 2 - 6 Z22-11 Staff Report PB 5.5.2022 Page 7 of 15 • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Per the WMPO, the ITE trip generation manual does not include peak AM trips for this use. It does include Saturday peak trips, which is reflected in the above table. • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway 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. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Market St Mendenhall-Marsh Oaks Dr to Porters Neck Road (~8000 block) 46,539 41,369 1.125 Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: 13,000 sq ft office building (typical O&I buildout on this acreage) 40 AM / 51 PM Proposed Development: 3,206 sq ft. carwash w/ 30 vacuum bays 78 PM / 41 Saturday Planning Board - May 5, 2022 ITEM: 1 - 2 - 7 Z22-11 Staff Report PB 5.5.2022 Page 8 of 15 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-4902D Project U-4902D will install access management improvements on Market Street from Lendire Road to Marsh Oaks Drive. The improvements include the installation of a center median, sidewalk, and multi-use path. Project is currently under construction. Other Nearby Transportation Projects: • NHC Parks & Gardens Multi-Use Path (part of U-4902D) A multi-use path will be installed across the subject property to connect to the sidewalk on the adjacent property. Construction easements are already in place. Planning Board - May 5, 2022 ITEM: 1 - 2 - 8 Z22-11 Staff Report PB 5.5.2022 Page 9 of 15 Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) 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 1. The Oaks at Murray Farm • 204 Apartments • 34 Duplex Units • 62 Single-Family Dwellings • TIA approved December 6, 2019 • 2023 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a second westbound right-turn land on “Old” Market Street at Hwy 17 • Revising signal plan to modify phase at the Hwy 17 and “Old” Market Street intersection Nearby Proposed Developments included within the TIA: • Waterstone Development Status: No construction has occurred at this time. Proposed Development Land Use/Intensity TIA Status 2. The Primrose School of Mayfaire • Day Care Center, up to 191 students • TIA approved September 29, 2021 • 2022 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Extension of the southbound left turn lane on Hwy 17 to 400 ft of storage with an appropriate deceleration and taper length. • Provide a northbound right turn lane with 75 ft of storage and appropriate deceleration and taper on Hwy 17 • Construct the site access as right in/right out only, with one ingress lane and one egress lane on Hwy 17 • Provide stop control for the westbound approach and 100 feet of internal protected stem on Hwy 17 • Construct the site access with one ingress lane and one egress lane on Marsh Oaks Dr • Provide stop control for the southbound approach and 100 feet of internal protected stem on Marsh Oaks Dr. Nearby Proposed Developments included within the TIA: • Marsh Oaks Development Status: No construction has occurred at this time. Planning Board - May 5, 2022 ITEM: 1 - 2 - 9 Z22-11 Staff Report PB 5.5.2022 Page 10 of 15 Proposed Development Land Use/Intensity TIA Status 3. The Bailey Shoppes • 11,800 sq ft building, commercial • 3,000 sq ft building, commercial • TIA approved February 20, 2018 • 2022 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Hwy 17- Construct a dedicated southbound right-turn lane from Bump Along Road to Mendenhall Drive. This turn lane will tie into the U-turn bump out being provided by U- 4902D. • Bump Along Road- Site Drive 1 must be located on Bump Along Road so that it provides a minimum corner clearance from 100ft from Market St. • Raintree Road- provide interconnectivity of the development site to Raintree Road by providing a two-way, two lane road connection matching the pavement width and typical section at the property line. Nearby Proposed Developments included within the TIA: • None Development Status: No construction has occurred at this time. ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The property is within the Pages Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III soils. Class III indicates severe limitation. However, the site is expected to be served by CFPUA when developed. These soils will not impact this project. Planning Board - May 5, 2022 ITEM: 1 - 2 - 10 Z22-11 Staff Report PB 5.5.2022 Page 11 of 15 OTHER CONSIDERATIONS Representative Developments Representative Developments of O&I (Existing Zoning): Medical Office Synergy POS, Oleander Dr Planning Board - May 5, 2022 ITEM: 1 - 2 - 11 Z22-11 Staff Report PB 5.5.2022 Page 12 of 15 Representative Developments of B-1 (Proposed Zoning) Caliber Car Wash, Market St Fins Car Wash, Market St Planning Board - May 5, 2022 ITEM: 1 - 2 - 12 Z22-11 Staff Report PB 5.5.2022 Page 13 of 15 Context and Compatibility • The property is located along Market Street, a major commercial corridor. • The proposed site is located inside the Porters Neck Growth Node, an area of the county that is seeing rapid growth. • Both parcels were rezoned to O&I in the early 2000’s; the 2016 Comprehensive Plan recommends a mixture of commercial uses in this area. • Much of the surrounding land to the North is used for residential purposes, while parcels to the South, West and the East are developed for commercial use. • After the completion of the Military Cutoff Rd. extension (proposed in 2023), some of the traffic flow will be alleviated in this area. The Porters Neck commercial service node will become more of a destination for nearby residents rather than a pass-through area for traffic traveling to and from Pender County. 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. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Planning Board - May 5, 2022 ITEM: 1 - 2 - 13 Z22-11 Staff Report PB 5.5.2022 Page 14 of 15 Future Land Use Map Place Type Urban Mixed Use Located inside the Porters Neck Growth Node Place Type Description Promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. Analysis The subject property is located in the northeastern portion of the county along a major road corridor and is in the Porters Neck Growth Node. It is in close proximity to both residential uses and other commercial services. The Comprehensive Plan classifies the property as Urban Mixed Use, which promotes development of a mix of residential, office and retail uses at higher densities. This place type encourages commercial use and is intended to support more density near major roads. The applicant is proposing a 2,310 sq ft carwash facility in addition to 30 vacuum stalls on a 1.75 acre site. Commercial uses such as carwashes match the intent of the proposed B-1 zoning district, which is to provide lands that accommodate neighborhood-serving commercial development. This is the type of use that one is likely to see along a commercial corridor. The proposal meets the intent of the Urban Mixed Use place type, which encourages commercial use and more density near major roads. This proposed site is also located in the Porters Neck growth node, an area of the county that is poised for and undergoing rapid growth; the facility would serve the needs of the growing area. Consistency Recommendation The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for a type of commercial service that is appropriate for this area. Planning Board - May 5, 2022 ITEM: 1 - 2 - 14 Z22-11 Staff Report PB 5.5.2022 Page 15 of 15 STAFF RECOMMENDATION The Porters Neck Growth Node is located along a major commercial corridor and is positioned for growth. This proposal is in line with the commercial uses encouraged by the Urban Mixed Use place type. As a result, Staff recommends approval of the proposal and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood-serving commercial development. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) B-1. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. Planning Board - May 5, 2022 ITEM: 1 - 2 - 15 H a y s L n Sande r l i n g P l Pla c i d D r Me n d e n h a l l D r Sw e e t w a t e r D r C o u n t r y H a v e n D r Mark e t S t R-15 CZD B-2 B-2 O&I I-1 New Hanover County, NCSHODIncorporated Areas Indicates Conditional Zoning District (CZD) See Section 5.7 of the UDOCOD B-1 AC R-5 EDZD CB I-1 R-7 PD B-2 I-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ O&I R-20S Zoning Districts CZD B-1O&I8005 & 8015 Market St Z22-11 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500 Feet SITE Planning Board - May 5, 2022 ITEM: 1 - 3 - 1 Sanderling Pl Me n d e n h a l l D r S w e e t w a t e r D r C o u n t r y H a v e n D r Mark e t S t Urban Mixed Use General Residential Community Mixed Use New Hanover County, NCCONSERVATION RURAL RESIDENTIAL COMMUNITY MIXED USE URBAN MIXED USE GENERAL RESIDENTIAL EMPLOYMENT CENTER COMMERCE ZONE Place Types CZD B-1O&I8005 & 8015 Market St Z22-11 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500 Feet SITE Planning Board - May 5, 2022 ITEM: 1 - 4 - 1 H a y s L n R a i n t r e e Rd Beaw o o d R d B a y f i e l d D r O ld e Po n d R d S a n d e r l i n g P l C o u n t r y L akesRd M a r s h O a k s D r MarshReachDr Lilly Pond Ln Me n d e n h a l l D r Plac i d D r S w eetwater Dr C o u ntry H ave n Dr Mark e t S t BumpAlongRd 7979 7976 180 7980 8001 8024 80248024 7902 7901 128 7904 124 116 7915 108 132 121 112 128 113 124 7927 120 7981 7900 8044178 8006 8024 7990 7919 7976 7998 7916 80151208005 8035 8031 8024 7984 New Hanover County, NCNeighboring Parcels CZD B-1O&I8005 & 8015 Market St Z22-11 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500125 Feet SITE Planning Board - May 5, 2022 ITEM: 1 - 5 - 1 Initial Application Documents & Materials Planning Board - May 5, 2022 ITEM: 1 - 6 - 1 Planning Board - May 5, 2022 ITEM: 1 - 7 - 1 Planning Board - May 5, 2022 ITEM: 1 - 7 - 2 Planning Board - May 5, 2022 ITEM: 1 - 7 - 3 Planning Board - May 5, 2022 ITEM: 1 - 7 - 4 Planning Board - May 5, 2022 ITEM: 1 - 7 - 5 Planning Board - May 5, 2022 ITEM: 1 - 7 - 6 The summary for public meeting held Monday 3/28 for Tidal Wave Auto Spa is that only property owner or citizen that appeared at the meeting was the current owner of the property of record. I was informed that it was also referenced on Facebook social media. Martie Murphy SHJ Construction Group 124 East Thompson Street Post Office Drawer 311 Thomaston, Georgia 30286 (o) 706.647.0414 (c) 706.975.6682 Planning Board - May 5, 2022 ITEM: 1 - 8 - 1 Concept Plan Planning Board - May 5, 2022 ITEM: 1 - 9 - 1  800 5 801 5 75' F R O N T B U I L D I N G S E T B A C K 2 5 ' S I D E B U I L D I N G S E T B A C K 10' R E A R L A N D S C A P E S E T B A C K 30' R E A R B U I L D I N G S E T B A C K 2 5 ' S I D E B U I L D I N G S E T B A C K ±23 1 0 S F C A R W A S H B U I L D I N G ±89 6 S F EQ U I P M E N T RO O M BO O M V A C S 10 20 2 57. 3 3 ' 24' 1 5 ' 1 5 ' R1 5 ' R5' R 5 ' R5 ' R5' R1 5 ' R 2 ' R5' R5' R1 5 ' R1 5 ' 13' 133 . 3 3 ' 1 9 ' 3 2 ' 3 8 ' 3 0 ' 134 ' 15' 13' 15' 13' 24' R 5 ' R 5 ' 15' 13' 15' 13' R5' R 5 ' R 9 ' R15' 11' 5' 1 9 ' 1 5 ' 35' 18' R15' 1 8 ' R 5 ' 1 9 ' 1 9 ' 3 0 ' 1 2 1 2 1 2 1 4 3 5 6 7 89 10 11 12 13 14 15 16 17 1 5 ' R 1 5 ' R3 ' 3 2 ' 24' 11' 3 5 ' R 3 ' R 3 ' R 1 5 ' R 5 . 5 ' R1 5 ' R1 0 ' R10' R1 ' 1 0 ' 6. 1 6 ' R1 5 ' PROPOSED 6' FENCE SHEET OF 9 10 8 7 6 5 4 3 2 DATENO.DESCRIPTION REVISIONS DATE OF PLANS 1 AES PROJECT NUMBER 110A TOMMY STALNACKER DR. WARNER ROBINS, GA 31088 (800) 416 - 8136 1741 PHILEMA ROAD ALBANY, GA 31701 Advanced Engineering Services, LLC Z:\Shared\AES, LLC\Projects\2022\60005.00 SHJ TWAS Market St Wilmington, NC\DWG\60005C_B01.dwg - 3/25/2022 1:25 PM 1 1 TI D A L W A V E A U T O S P A SH J C O N S T R U C T I O N G R O U P SI T E P L A N -- - - - - - - - - - - - - - - - - - - 03/21/2022 60005 WILMINGTON, NEW HANOVER, NORTH CAROLINA PARKING CALCULATIONS: REQUIRED MINIMUM PARKING STALLS: 3 SPACES FOR EVERY ONE CAR THE CAR WASH CAN ACCOMODATE AT ONE TIME 3 VEHICLES X 3 CARS = 9 SPACES REQUIRED PROVIDED PARKING STALLS: 30 STANDARD SPACES & 2 HANDICAPPED SPACES 32 SPACES TOTAL GENERAL SITE NOTES: 1.HANDICAPPED PARKING AND ACCESSIBLE ROUTES SHALL MEET THE AMERICANS WITH DISABILITIES ACTS STANDARDS FOR ACCESSIBLE DESIGN - LATEST EDITION. SIDEWALKS SHALL NOT EXCEED 5% MAXIMUM LONGITUDINAL SLOPE AND 2% MAXIMUM CROSS SLOPE. ACCESSIBLE PARKING STALLS SHALL NOT EXCEED 2% MAXIMUM SLOPE IN ALL DIRECTIONS. ACCESSIBLE RAMPS SHALL NOT EXCEED 12H:1V GRADE. 2.ALL SIGNS AND STRIPING SHALL CONFIRM TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) - LATEST EDITION AND/OR DEPARTMENT OF TRANSPORTATION STANDARDS AND SPECIFICATIONS. 3.ALL DIMENSIONS ARE MEASURED TO THE FACE OF CURB (WHEN PRESENT), EDGE OF ASPHALT AND/OR EDGE OF BUILDING. 4.HORIZONTAL DATA SHOWN HEREON IS BASED ON NAD83 NORTH CAROLINA ZONE. VERTICAL DATA SHOWN HEREON IS BASED ON NAVD 88. SITE INFORMATION PROJECT ADDRESS 8005/8015 MARKET STREET, WILMINGTON, NORTH CAROLINA 28411 PARCEL NUMBER R3600-003-074-000 & R3600-003-075-000 (±1.75 ACRES) CURRENT ZONING O&I (OFFICE & INSTITUTIONAL) / SHOD (SPECIAL HIGHWAY OVERLAY DISTRICT) PROPOSED ZONING B-1 (NEIGHBORHOOD BUSINESS DISTRICT) / SHOD (SPECIAL HIGHWAY OVERLAY DISTRICT) PROJECT AREA ±1.75 ACRES BUILDING SETBACK LANDSCAPE SETBACK FRONT 75'FRONT 50' SIDE 25'SIDE 20' REAR 30'REAR 10' 20'0'10'20' GRAPHIC SCALE 1" = 20' HATCH LEGEND: LIGHT DUTY CONCRETE PAVEMENT 3" HIGH ROLLED CURB HEAVY DUTY CONCRETE PAVEMENT 24" STANDARD CURB AND GUTTER 24" ROLLED CURB AND GUTTER 1 2 24" WIDE STOP BAR STRIPING (WHITE)3 4" WIDE PARKING STALL STRIPING (WHITE) (TYP.)4 HANDICAP STALL STRIPING (BLUE)5 HANDICAP RAMP (CONSTRUCT AT A 12:1 MAXIMUM SLOPE)6 WHEEL STOP 7 8 38' X 134' VACUUM CANOPY9 9'4" X 26'4" VACUUM SCREENING (SEE ARCHITECTURAL PLANS)10 8' X 16' DUMPSTER ENCLOSURE (SEE DETAIL SHEET)11 20' X 20' PREP CANOPY12 PAY KIOSK (SEE DETAIL SHEET)13 ENTRANCE DETAIL (SEE DETAIL SHEET)14 EXIT DETAIL (SEE DETAIL SHEET)15 STOP / GO LIGHT (SEE DETAIL SHEET)16 5' X 5' CANOPY FOOTER (PROTOTYPICAL; SEE ARCHITECTURAL PLANS)17 SITE SPECIFIC NOTES HANDICAP SIGN WITH VAN ACCESSIBLE SIGN ON BOLLARD; CONTRACTOR TO COORDINATE SPACING W/ WHEEL STOP LOCATIONS N Planning Board - May 5, 2022 ITEM: 1 - 10 - 1 Public Comments In Support 0 Neutral 0 In Opposition 5 Planning Board - May 5, 2022 ITEM: 1 - 11 - 1 Planning Board - May 5, 2022 ITEM: 1 - 12 - 1 Planning Board - May 5, 2022 ITEM: 1 - 12 - 2 Planning Board - May 5, 2022 ITEM: 1 - 12 - 3 Planning Board - May 5, 2022 ITEM: 1 - 12 - 4 Planning Board - May 5, 2022 ITEM: 1 - 12 - 5 N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D R EQ U E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 5/5/2022 Regular D E PA R T M E N T: Planning P R E S E N T E R (S ): Amy Doss, C urrent Planner C O N TA C T (S ): Amy D oss; Rebekah Roth, P lanning & L a nd U se D irecto r S U B J EC T: P ublic Hearing Rezoning Request (Z 22-12) - by C indee Wolf with Desig n S olu7ons, applic ant, on behalf of C atherine E . B urney Heirs, property owner, to rezone approximately 8.02 ac res of land located at 5000 N C olleg e Road from R -15, Residen7al District, to (C Z D) C B, C ommunity B usiness for an indoor/outdoor recrea7 on establishment with a restaurant as an accessory use for members only. B R I E F S U M M A RY: T he applicant is pro posing to rezo ne approximately 8.02 acres f ro m R -15 to (C ZD ) C B in order to develo p an indoor/o utdo o r recrea0on facility with an ancillary clubhouse and restaurant/bar. T he site is located alo ng N C o llege Ro ad, approximately 1/3 mile from the ro unda bout, just ea st of the railro ad right-o f -way. T he R -15 district in this area was established in 1972. At the 0me, the purpo se o f the R -15 district was to provide for very lo w density housing and recrea0onal use. Water and sewer are no w available in the area, and the applicant is pro posing co nnec0ons to the C F P UA for water and sewer. T he C B, C ommunity B usiness district was established to pro vide lands that acco mmo date the develo pment, growth, and con0nued o pera0on o f moderate density residen0al develo pment with a range o f ho using types tha t are located in walka ble distances to jobs and services and, where appropriate, serve as a transi0on between more intensive and lo wer density areas. T he subject site is currently vacant. I f developed under R -15, the site wo uld permit up to 20 dwelling units. I f develo ped a t the requested C ZD C B density, 23 pic kleball co urts and an 8,000 sf ancillary clubho use and restaurant could be constructed. A typica l develo pment under current zo ning would generate appro ximately 22 peak hour trips. T he net cha nge from the es0ma ted trips generated a t peak hour under exis0ng zoning to the es0mated number o f trips generated from the use allowed in the C Z D C B district at peak ho ur is 6 mo re trips. T he es0mated traffic generated from the site is under the 100 peak ho ur threshold that triggers the ordina nce requirement f o r a Traffi c I mpact Analysis (T I A). T he site is appro priate for recrea0onal use, surrounded by single-f amily R -15 to the north, a pro posed rezoning to R -10 to the east, I -2 to the west, and vacant, undeveloped land is zo ned to the south. Required setbacks and fenced buff ers will pro vide mi0ga0on for the surrounding a dja c ent property owners. T he C o mprehensive Pla n cla ssifi es the subject parcel as C ommunity Mixed U se and General Residen0al and indicates mixed use, commercial services, and low-density housing as appropriate for this place type. T he propo sed C ZD C B zoning is generally C O N S I S T E N T with the 2016 C omprehensive Plan because it will provide recrea0onal use as a transi0o n between the industrial and the adjacent residen0al areas. S T R AT EGI C P L A N A L I G N M E N T: Planning Board - May 5, 2022 ITEM: 2 I ntelligent Growth & Eco nomic DevelopmentE nc o ura ge develo pment of complete co mmuni0es in the uninco rporated countyC i0zens have daily needs met by N H C businesses and support them R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : As the propo sed uses are in line with the recommenda0ons for the C ommunity Mixed U se and General Residen0al place type, include rela0vely low traffic generators, and serve as a transi0on between nearby residen0al and industrial uses, staff recommends approval of this applica7on a nd suggests the following mo0on: I move to reco mmend A P P R OV A L of the pro posed rezo ning to a C Z D-C B district. I fi nd it to be C O N S I S T E N T with the purpo ses and intent of the C o mprehensive Plan because the district would allow uses mo re in line with those recommended for C ommunity Mixed U se and General Residen0al areas. I also find recommending A P P R OVA L o f the rezo ning request is reaso nable and in the public interest because the pro posed district wo uld provide a recrea0onal service f o r nea rby residents, includes rela0vely lo w traffic generators, and is located on a n a rteria l ro ad. A lterna7 ve M o7on for Denial I move to recommend D E N I A L of the pro posed rezo ning to a C Z D C B district. While I fi nd it to be C O N S I S T E N T with the purpo ses and intent of the C o mprehensive Plan because the district would allo w uses in line with those recommended for C o mmunity Mixed U se and General Residen0al areas, I find reco mmending D E N I A L of the rezo ning request is reasonable and in the public interest beca use the propo sal is not co nsistent with the desired character o f the surrounding co mmunity and the uses will adversely impact the adjacent areas. AT TA C H M E N T S : Descrip0on Z22-12 PB Script Z22-12 PB Staff Report Z22-12 Zoning Map Z22-12 FLUM Z22-12 Mail Out Map Application Cover Sheet Z22-12 Application Submittal Documents Concept Plan Cover Sheet Concept Plan C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) Planning Board - May 5, 2022 ITEM: 2 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z22-12) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Catherine E. Burney Heirs, property owner, to rezone approximately 8.02 acres of land located at 5000 N. College Road from R- 15, Residential, to (CZD) CB, Community Business for an indoor and outdoor recreation facility. 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 an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation and supporter comments (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) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. 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. Example Motion for Approval I move to RECOMMEND APPROVAL of the proposed rezoning to (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of residential uses that would be encouraged in the Mixed Use and General Residential place types. I also find RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would provide a recreational service for nearby residents, includes relatively low traffic generators, and is located on an arterial road. Example Motion for Denial I move to RECOMMEND DENIAL of the proposed rezoning to (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of residential uses that would be encouraged in the Mixed Use and General Residential place types. I also find RECOMMENDING 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 intensity will adversely impact the adjacent areas. Planning Board - May 5, 2022 ITEM: 2 - 1 - 1 Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to (CZD) CB districts. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - May 5, 2022 ITEM: 2 - 1 - 2 Z22-12 Staff Report 5.5.2022 Page 1 of 13 STAFF REPORT FOR Z22-12 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z22-12 Request: Rezoning to CZD CB district Applicant: Property Owner(s): Cindee Wolf Catherine E. Burney Heirs Location: Acreage: 5000 College Road 8.02 PID(s): Comp Plan Place Type: Parcel ID: R01800-002-001-000 Community Mixed Use & General Residential Existing Land Use: Proposed Land Use: Undeveloped & Vacant Indoor/Outdoor Recreational Facility, Restaurant and Clubhouse Current Zoning: Proposed Zoning: R-15 Residential (CZD) CB, Community Business SURROUNDING AREA LAND USE ZONING North Single – family residential R-15 East Undeveloped & Vacant R-15 South Undeveloped & Vacant R-15, I-2 West College Road Right-of-Way and Industrial Facility I-2, B-2 Planning Board - May 5, 2022 ITEM: 2 - 2 - 1 Z22-12 Staff Report 5.5.2022 Page 2 of 13 ZONING HISTORY July 7, 1972 Initially zoned R-15 COMMUNITY SERVICES Water/Sewer Water is available by connecting to an existing water main on Castle Hayne Road through CFPUA. Sewer is available to the east of the subject property. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Castle Hayne Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools Recreation Blue Clay Bike Park, Northern Regional Park, Riverside Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation Resource maps indicate there are Pocosin conservation resources present on the eastern and western portions of the site. Wetlands are delineated on the site plan but are not impacted by the proposed development. Historic No known historic resources Archaeological No known archaeological resources Planning Board - May 5, 2022 ITEM: 2 - 2 - 2 Z22-12 Staff Report 5.5.2022 Page 3 of 13 APPLICANT’S PROPOSED CONCEPTUAL PLAN • This application is proposing to rezone 8.02 acres from R-15 to CZD CB in order to develop an indoor/outdoor recreational facility with a clubhouse and restaurant/bar. • The applicant indicates that the intended use of the subject property will be for approximately 23 pickleball courts (some covered), a sand lot for beach volleyball, plus an 8,000 sf structure for a clubhouse and restaurant. Club membership would be required for patronage to the restaurant and bar, which will be an ancillary use to the recreation establishment. • The conceptual plan shows the 8,000 sf structure in the center of the site, facing the parking lot, with pickleball courts surrounding the structure on 3 sides. Parking and a stormwater retention pond are located between the structure and College Road. Landscaping and buffering is proposed along the property lines to the east and south as well as along the property line bordering the single-family parcels to the north. • According to the applicant, the proposed zoning will allow for recreation facilities in close proximity to the residents they would serve and provide a transition along a major arterial corridor such as N College Road in a way that is consistent with the policies and goals of the 2016 Comprehensive Land Use Plan. • The conceptual plan complies with the County’s standards for a Major Site Plan, including zoning dimensional standards. Planning Board - May 5, 2022 ITEM: 2 - 2 - 3 Z22-12 Staff Report 5.5.2022 Page 4 of 13 ZONING CONSIDERATIONS • The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. • The purpose of the Community Business (CB) District is to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services. CB district lands can serve as a buffer between higher density/intensity development and moderate or low-density multi-family and single-family neighborhoods. This district was added to the Unified Development Ordinance in 2019 and was intended to be appropriate adjacent to existing residential uses. • As defined within the UDO, an indoor recreation establishment is a commercial establishment that provides indoor facilities for recreation, entertainment (except adult entertainment), or amusement, including but not limited to: bowling alleys, pool rooms, indoor sports gymnasiums, movie theaters and live theaters, indoor ice skating rinks, video arcades, and indoor shooting ranges. An outdoor recreation establishment, as defined by the UDO, is commercial recreation or amusement outdoors (except adult entertainment), including but not limited to: drive-in movie theater, amusement park or theme park, fairgrounds, miniature golf establishments, golf driving ranges, water slides, and batting cages. The indoor recreation use would permit the clubhouse and restaurant use within the 8,000 sf structure. • While the CB zoning district allows a range of commercial uses, the Conditional Zoning District designation would limit the type of uses on the site to pickleball courts (some covered), an associated clubhouse, and restaurant/bar as an ancillary use to the recreation establishment. There could potentially be minor deviations that would allow other outdoor recreational uses such as volleyball, within the footprint of the concept plan, which could be approved administratively. • In the CB district, a minimum 25-foot rear setback, 20-foot interior setback, and 20-foot opaque buffer yard are required where the development abuts existing single-family properties. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels along adjacent residential properties shall not exceed 0.5 foot candles. The UDO does not prescribe limitations on the height, wattage, bulb-type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. • Future development of the site would be subject to technical review to ensure compliance with applicable County and State regulations, including applicable site design and approval provisions within the UDO. Planning Board - May 5, 2022 ITEM: 2 - 2 - 4 Z22-12 Staff Report 5.5.2022 Page 5 of 13 AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - May 5, 2022 ITEM: 2 - 2 - 5 Z22-12 Staff Report 5.5.2022 Page 6 of 13 TRANSPORTATION • Access is provided to the subject property from North College Road, an NCDOT-maintained principal arterial street. • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • As currently zoned, the parcel could be developed into 20 single-family homes generating 17 AM and 22 PM peak hour trips. • Under the proposed zoning district, approximately 23 outdoor pickleball courts plus an approximately 8,000 sf clubhouse and restaurant would be developed. A development of this scale is estimated to generate about 10 trips in the AM and 28 trips in the PM peak hours. Planning Board - May 5, 2022 ITEM: 2 - 2 - 6 Z22-12 Staff Report 5.5.2022 Page 7 of 13 • The net change from the potential trip generation if the site were to be developed under the existing R-15 district to the development as requested within the proposed CZD CB district shows an approximate decrease of 7 AM peak hour trips and an approximate increase of 6 PM peak hour trips. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Development possible under Current R-15 Zoning: 20 single-family units 17/22 Potential Trip Generation under Proposed Zoning: 8,000 sf indoor recreation facility & 23 outdoor pickleball courts 10 AM / 28 PM Potential Net Change under Proposed Zoning: - -7 AM / +6 PM • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ration, 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. However, the available volume to capacity data indicates capacity currently exists in this area. WMPO Average Annual Daily Traffic (ADT) • Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvements, as required through the NCDOT Driveway permitting process. Road Location Volume Capacity V/C College Road Between Castle Hayne Road and Old Oakland Drive 11,284 17,375 0.647 Planning Board - May 5, 2022 ITEM: 2 - 2 - 7 Z22-12 Staff Report 5.5.2022 Page 8 of 13 Nearby Planned Transportation Improvements and Traffic Impact Analyses • There are no approved TIAs for projects within a one-mile radius of the subject site. ENVIRONMENTAL • No portion of the parcel is located within an AE Flood-zone or AE Floodway. • The entire site is located within the Prince George Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (moderate limitation) and Class III (severe limitation). However, water and sewer are available nearby through CFPUA. Planning Board - May 5, 2022 ITEM: 2 - 2 - 8 Z22-12 Staff Report 5.5.2022 Page 9 of 13 OTHER CONSIDERATIONS REPRESENTATIVE DEVELOPMENTS Representative Developments of R-15: Page’s Corner in Ogden Clay Crossing Planning Board - May 5, 2022 ITEM: 2 - 2 - 9 Z22-12 Staff Report 5.5.2022 Page 10 of 13 EXAMPLES OF INDOOR/OUTDOOR RECREATION FACILITIES Existing Indoor/Outdoor Recreational Facilities: Holly Tree Tennis Club Captain Bill’s Backyard Grill and Volleyball Planning Board - May 5, 2022 ITEM: 2 - 2 - 10 Z22-12 Staff Report 5.5.2022 Page 11 of 13 CONTEXT AND COMPATIBILITY • The subject property is located at 5000 College Road and is only accessible by College Road. • The site is adjacent to single-family on the northern boundaries and is bordered to the east and south by vacant, undeveloped land. Located across the street from the parcel is an industrial site. • There are a mix of commercial, and residential uses within the area that would support recreational uses such as the proposed development. • Northeast of the site, parcels located at the southern end of Roger Haynes Drive are currently being proposed for rezoning from I-2 and B-2 to R-10. If approved, this rezoning would allow more than 284 dwelling units to be built in the vicinity of the proposed indoor/outdoor recreation establishment. • The applicant has proposed a landscaped buffer between the proposed development and the adjacent single-family use. • The site is located south of the intersection of College Road and Castle Hayne Road where transitional service uses and low traffic generators could be appropriate. The proposed district also provides a transition from the high-intensity industrial site across College Road to undeveloped land, adjacent single-family lots to the north, and proposed moderate density residential development in the vicinity of the subject property. Planning Board - May 5, 2022 ITEM: 2 - 2 - 11 Z22-12 Staff Report 5.5.2022 Page 12 of 13 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, General Residential Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered. Place Type Description Community Mixed Use focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. General Residential focuses on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low-density multi-family, residential, light commercial, civic, and recreational. Analysis The subject property is located along a major roadway corridor, College Road, and is surrounded by single-family to the north, to the east and south is vacant, undeveloped land, and across College Road is an industrial facility. The Comprehensive Plan classifies the property as Commercial Mixed Use and General Residential, both of which allow for recreational uses that can support nearby neighborhoods. The Community Mixed Use place type designation encourages a mix of uses, including single- and multi-family residential, commercial, civic, mixed-use, and recreational uses. Typical zoning associated with this place type includes moderate density residential, commercial, office and institutional, and mixed-use. Planning Board - May 5, 2022 ITEM: 2 - 2 - 12 Z22-12 Staff Report 5.5.2022 Page 13 of 13 The proposed CZD CB rezoning is consistent with the recreational and commercial uses and intensity recommended in the Comprehensive Plan more so than the single-family development allowed within the existing R- 15 zoning district. Furthermore, the proposed use would support the surrounding commercial and residential uses along the College Road corridor and future residential growth anticipated within the area. Consistency Recommendation The proposed CZD CB rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed uses are in line with those recommended for Community Mixed Use and General Residential place types, and the site is located near supportive land uses that also serve as an appropriate transition between residential and industrial uses. STAFF RECOMMENDATION As the proposed uses are in line with the recommendations for the Community Mixed Use and General Residential place type, include relatively low traffic generators, and serve as a transition between nearby residential and industrial uses, staff recommends approval of this application and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning to a CZD CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses more in line with those recommended for Community Mixed Use and General Residential areas. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would provide a recreational service for nearby residents, includes relatively low traffic generators, and is located on an arterial road. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a CZD CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses in line with those recommended for Community Mixed Use and General Residential areas, I find recommending 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 uses will adversely impact the adjacent areas. Planning Board - May 5, 2022 ITEM: 2 - 2 - 13 W oodcr e s t Dr G a rde n P l a ce Dr Par m e l e R d Bowma n D r Tom A v Michael D r C o l l e g e R d Ki n g s C a s t l e L n CastleHayneRd CZD B-2 O&I B-2 I-2 RA R-20 R-10 R-15 New Hanover County, NCSHODIncorporated Areas Indicates Conditional Zoning District (CZD) See Section 5.7 of the UDOCOD B-1 AC R-5 EDZD CB I-1 R-7 PD B-2 I-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ O&I R-20S Zoning Districts CZD CBR-155000 N College RdZ22-12 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 500 1,000 Feet SITE Planning Board - May 5, 2022 ITEM: 2 - 3 - 1 Planning Board - May 5, 2022 ITEM: 2 - 4 - 1 BowmanDr TomAv MichaelDr Prince George Av Fu l t o n A v B a r b a d o s B l v d Ro g e r H a ynes Dr Ca s t l e H a y n e R d C o l l e g e R d Ki n g s C a s t l e L n I - 4 0 5212 4909 5105 52185214 5115 5106 5104 4901 5244 5204 4416 44184414 4900 4950 4720 5000 5230 5200 5145 New Hanover County, NCNeighboring Parcels CZD CBR-155000 N College RdZ22-12 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 500250 Feet SITE Planning Board - May 5, 2022 ITEM: 2 - 5 - 1 Application Documents & Materials Planning Board - May 5, 2022 ITEM: 2 - 6 - 1 Planning Board - May 5, 2022 ITEM: 2 - 7 - 1 Page 1 of 6 Conditional Zoning District Application – Updated 05-2021 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Cindee Wolf Design Solutions Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz P.O. Box 7221 Wallace, NC 28466 206 North Duplin St. 910-547-1200 mmoore@tidewaterinvestco.com Contact: Merrette Moore (Contract Purchaser) Catherine E. Burney Heirs Planning Board - May 5, 2022 ITEM: 2 - 7 - 2 Page 2 of 6 Conditional Zoning District Application – Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. 4. Proposed Condition(s) Note: 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. 5000 N. College Road 323106.37.3818 / R01800-002-001-000 R-15 / Vacant Community Mixed-Use & General Residential 8.02 ac. 8.02 ac. CZD / CB Reference attached plan for conceptual site layout and improvements. The proposed project is an indoor / outdoor recreation establishment with a restaurant as an accessory use for the members. The complex includes a clubhouse facility, covered and uncovered pickleball courts, and a sand lot for beach volleyball, along with associated parking areas and stormwater management. Planning Board - May 5, 2022 ITEM: 2 - 7 - 3 Page 3 of 6 Conditional Zoning District Application – Updated 05-2021 5. 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 Traffic 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: 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of 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 Zoning district meets the following criteria. 1. How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. 491 / Racquet / Tennis Club per Courts @ 23 30 77 The policies and goals of the Comprehensive Plan include providing a convenient mix of land uses. Boththe Commercila District Mixed-Use and General Residential place-types would include recreationfacilities as being appropriate close to the residents that they would serve. This type of use provides anacceptable transition along major arterial corridors such as N. College Road. Planning Board - May 5, 2022 ITEM: 2 - 7 - 4 Page 4 of 6 Conditional Zoning District Application – Updated 05-2021 2. How would the requested Conditional Zoning district be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. 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? As primarily a "Community Mixed-Use" place-type, the Plan suggests higher densities and commercialservices. Pickleball has become a flourishing recreational activity, and the lack of adequate facilities tohandle the demand, particularly in New Hanover County, has been well-publicized. Policies for growthand development encourage promoting new businesses for a diverse and thriving economy. N. College Road is fronted by a variety of land uses, including some fairly intensive industrialbusinesses. One is directly across the road from the subject tract, and another just one tractover to the South. Although the Castle Hayne area is primed for more residential developmentas public water & sewer services are being extended, the properties along the road corridorare no longer appropriate for low-density residential housing. Planning Board - May 5, 2022 ITEM: 2 - 7 - 5 Page 5 of 6 Conditional Zoning District Application – Updated 05-2021 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 determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial  This application form, completed and signed  Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review  Community meeting written summary  Traffic impact analysis (if applicable)  Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning  Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including propo sed rights-of-way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights-of-way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance  One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan.  One (1) digital PDF copy of ALL documents AND plans CAW CAW CAW CAW CAW N/A CAW CAW Planning Board - May 5, 2022 ITEM: 2 - 7 - 6 Planning Board - May 5, 2022 ITEM: 2 - 7 - 7 Planning Board - May 5, 2022 ITEM: 2 - 7 - 8 Legal Description for Conditional District Rezoning of 5000 N. College Road Beginning at a point in the northeastern boundary of North College Road (N.C. Hwy. 132), a 200’ public right‐of‐way; said point being located approximately 233 feet southeastwardly along the right‐of‐way from its intersection with the eastern boundary of the Wilmington – Weldon Railroad, a 130’ right‐of‐way; and running thence from the point of beginning: South 75038’05” East, 1303.81 feet to a point; thence South 05038’51” West, 300.39 feet to a point; thence North 75048’29” West, 969.47 feet to a point in the north eastern boundary of N. College Road; thence with that right‐of‐way, North 37020’58” West, 483.95 feet to the point and place of beginning, containing 7.79 acres, more or less. Planning Board - May 5, 2022 ITEM: 2 - 7 - 9 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: 5000 N College Road Proposed Zoning: R-15 & CZD/CB 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 March 12, 2022 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Thursday, March 24th, 6:00 p.m.; at Shelter #2 of the Northern Regional Park, 4700 Old Avenue, Castle Hayne. The persons in attendance at the meeting were: Reference attached sign-in list The following issues were discussed at the meeting: Attendees were all from the community Off Kings Castle Lane, just north of the proposed project. Their questions were primarily related to buffer yards, and whether public water and / or sewer might be extended. The requirements for fencing and visual screening were explained. Although the subject project hopes to connect to public utilities that will hopefully be extended in the future by an adjacent residential community being proposed, current service will need to be by a private well for water, and a low-pressure solid waste system connected to a nearby force main. As a result of the meeting, the following changes were made to the petition: None Date: March 28, 2022 Applicant: Design Solutions By: Cindee Wolf Planning Board - May 5, 2022 ITEM: 2 - 7 - 10 Planning Board - May 5, 2022 ITEM: 2 - 7 - 11 Planning Board - May 5, 2022 ITEM: 2 - 7 - 12 ADJACENT PROPERTY OWNERS WITHIN 500' OF 5000 N COLLEGE ROAD: OWNER MAILING ADDRESS CITY / STATE / ZIP PROPERTY LOCATION BROWN HOWARD 19221 HYW 210 ROCKY POINT, NC 28457 BURNEY CATHERINE E HEIRS 206 DUPLIN ST N WALLACE, NC 28466 5000 COLLEGE RD N WILMINGTON DILL HILDA CAMERON ETAL PO BOX 3649 WILMINGTON, NC 28406 4900 COLLEGE RD N CASTLE HAYNE DILL HILDA CAMERON ETAL PO BOX 3649 WILMINGTON, NC 28406 4900 COLLEGE RD N CASTLE HAYNE DMH LAND LLC 501 COVIL AVE UNIT 2 WILMINGTON, NC 28403 4720 COLLEGE RD N CASTLE HAYNE DOMBROSKI RONALD EDWARD 4917 CASTLE LAKES RD CASTLE HAYNE, NC 28429 5212 COLLEGE RD N WILMINGTON HENDERSON DANNY L SARA W 217 CHIMNEY LN WILMINGTON, NC 28409 5105 COLLEGE RD N CASTLE HAYNE HENDERSON DANNY SARA 217 CHIMNEY LN WILMINGTON, NC 28409 5115 COLLEGE RD N CASTLE HAYNE JH LAND LLC PO BOX 3649 WILMINGTON, NC 28406 4950 COLLEGE RD N CASTLE HAYNE KING HELEN MCINTYRE HEIRS 2804 FLETCHER CT CASTLE HAYNE, NC 28429 KING HELEN MCINTYRE HEIRS PO BOX 63 CASTLE HAYNE, NC 28429 KING HELEN MCINTYRE HEIRS PO BOX 63 CASTLE HAYNE, NC 28429 5104 KINGS CASTLE LN KING KEVIN HASAN 5214 KINGS CASTLE LN CASTLE HAYNE, NC 28429 5214 KINGS CASTLE LN CASTLE HAYNE KING TERRENCE PO BOX 81 CASTLE HAYNE, NC 28429 5244 KINGS CASTLE LN CASTLE HAYNE LEEBART PROPERTIES LLC 808 17TH ST S WILMINGTON, NC 28401 5145 COLLEGE RD N CASTLE HAYNE MOORE GARY ETAL 124 LONG RIDGE DR WILMINGTON, NC 28405 5204 KINGS CASTLE LN CASTLE HAYNE PERKINS ANDREA LAFAYE HEIRS PO BOX 63 CASTLE HAYNE, NC 28429 PERKINS VIRGINIA LIFE ESTATE PO BOX 63 CASTLE HAYNE, NC 28429 5200 KINGS CASTLE LN CASTLE HAYNE REB ACQUISITIONS LLC PO BOX 7948 ROCKY MOUNT, NC 27804 4909 COLLEGE RD N WILMINGTON SCOTT BILLY PO BOX 235 CASTLE HAYNE, NC 28429 5218 KINGS CASTLE LN CASTLE HAYNE SCOTT BILLY PO BOX 235 CASTLE HAYNE, NC 28429 5218 KINGS CASTLE LN CASTLE HAYNE SHAW DELLA K BENJAMIN 5104 KINGS CASTLE LN CASTLE HAYNE, NC 28429 5106 KINGS CASTLE LN CASTLE HAYNE WADDELL ARLENE Y HEIRS 15401 BLUE WILLOW LN ACCOKEEK, MD 20607 5230 KINGS CASTLE LN CASTLE HAYNE WONCE MARY L KING STEPHEN 505 LAZY ACRES RD BUMPASS, VA 23024 Planning Board - May 5, 2022 ITEM: 2 - 7 - 13 March 12, 2022 To: Adjacent Property Owners Re: Pickleball Center My client is interested in developing an indoor / outdoor recreation center on the property at 5000 N. College Road. This property is within the proximity of your lands. The proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards & conditions pertaining to each individual development project. Essentially, this means that only the use, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Thursday, March 24th, at Shelter #2 of the Northern Regional Park, 4700 Old Avenue, Castle Hayne, 6:00 p.m. The location is left from Old Avenue, towards the tennis courts. If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910‐620‐2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Planning Board - May 5, 2022 ITEM: 2 - 7 - 14 Planning Board - May 5, 2022 ITEM: 2 - 7 - 15 Concept Plan Planning Board - May 5, 2022 ITEM: 2 - 8 - 1 Planning Board - May 5, 2022 ITEM: 2 - 9 - 1 N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D R EQ U E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 5/5/2022 Regular D E PA R T M E N T: Planning P R E S E N T E R(S ): Zach D ickerson, C urrent Planner C O N TA C T (S ): Zach D ickerson; Rebekah Roth, Planning & L a nd U se Department S U B J EC T: P ublic Hearing Rezoning Request (Z 22-13) - Request by N orthsid e B ap7 st C hurc h, property owner, to rezone approximately 21 ac res of land located at 2501 N C ollege Rd from (C Z D) B -2, Reg ional B usiness, to (C Z D) P D, General P lanned Development, for a school. B R I E F S U M M A RY: T he applicant is pro posing to rezone a ppro ximately 21 acres to (C ZD) P D in order to open a scho o l. T he scho o l phase of this projec t co nsists o f repurpo sing a n exis)ng 14,659 square foot building formerly used as a church into N o rthside C hris)an S chool. An addi)o nal, exis)ng 5,000 square foot building o n the pro perty is propo sed f o r use as an office f o r the school. N o rthside C hris)an School will o pen year one as kindergarten o nly. T he following year, a s the kindergartners move to first grade, the scho o l will enroll a new c lass o f kindergartners. T his pa7ern will con)nue each year as the scho o l expands un)l they reach the limit set by the Traffic I mpact Analysis: 5 years o r 400 students. At that po int, ano ther T I A wo uld be required for the scho o l to con)nue to expand. B o th elementary and seconda ry scho o l are permi7ed by-right in the P D zoning district; therefore, future rezoning f o r the scho o l will no t be required. T he lo ng-term vision for the project inc ludes addi)o nal phases, which are not currently included in the pro posal under considera)o n. T hese will be separate uses from N orthside C hris)an School and would require a mo difica)o n of the Planned D evelo pment if approved. 2501 N C ollege R d was rezo ned to (C ZD) B -2 in 2012 to a c c o mmo da te an o n-site Mc D o nald's. T he B -2 district is intended to provide f o r the pro per site layo ut and development o f larger forma t or larger structure size business uses, including big box stores and auto mo bile dealers. I t is also designed to provide f o r the appropriate loca )o n and design of auto-oriented uses that meet the needs of the motoring public or that rely o n pass-by traffi c. C o mmo n uses in this district include: Restaurants, hotels, large retailers (B est B uy, Walmart, etc .) and vehicle and equipment sales and service. T he P D district was established to enco urage innova)ve, integrated, and effi cient land planning and site design concepts tha t achieve a high quality o f development, environmental sensi)vity, and adequate public f acili)es and services. T he P D district can also provide more fl exibility f ro m co nven)onal develo pment standards, such as parking and street design, in o rder to help create a more mixed-use, pedestrian-oriented develo pment. T he pro posed P D district wo uld serve as an expansio n of N orthside B ap)st C hurc h's Educa)on Ministry. T he applicant pro poses that the school is intended to a llevia te some o f the pressure on the public scho o l system by po pula)on increases in the C ape Fea r Regio n. T he propo sed future uses including café, auto repair shop and fitness center are part of the church's visio n statement in their intent to serve the co mmunity. Planning Board - May 5, 2022 ITEM: 3 Per the I ns)tute of Transpo rta)on E ngineers' Trip Genera)on Ma nual, the exis)ng church use o n the pro perty generates 404 pea k Sunday trips. T he Traffi c I mpact Analysis conducted by N C D OT es)mates the ini)a l build-o ut o f the school, yea r one, to genera te 90 A M and 68 P M peak hour trips. At maximum sc hool capacity, the T I A es)mates 498 A M and 364 P M peak trips f o r the scho o l. T he pro posed f uture uses laid out in Phases I I -I V of this pro ject will require further traffi c studies. A T I A was completed for the pro ject by the N orth C aro lina D epartment o f Tra nsporta)o n. T he notable ro adway impro vements required for the pro ject include extending the southbo und turn lane o n N C ollege Road to Murrayville Road to a t least 450 f eet long, and adjust the signal )ming to co mpensate for the addi)o nal sc hool traffic . Per N C D OT, the church will be responsible for upf ro n)ng the co st for the ro adway improvements and will be reimbursed by N C D OT. T he C o mprehensive Plan c lassifies the pro perty as C ommunity Mixed U se, which promotes development o f small- scale, mixed-use develo pments. T his place type is c o mmo n for a rea s alo ng majo r ro ad co rridors. T he propo sed rezo ning is generally C O N S I S T E N T with the 2016 C omprehensive Plan because the pro ject provides f o r the type of use that is reco mmended in the C ommunity Mixed U se place type. S T R AT EGI C P L A N A L I G N M E N T: Superior Educa)on & Wo rkforcePromote early learning that ensures life-lo ng resiliencyProvide high quality birth thro ugh age eight learning environments R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : T his pro ject, lo cated in close pro ximity to a commercial no de and area schools, is intended to meet the needs of the surrounding community. W hile this is not a development that is common in the P D district, it is in line with the C o mprehensive Plan for this area of the C ounty. B oth the immediate and near-future pro posed uses will serve the needs of this part o f the C o unty. B ecause the pro posed rezoning is generally consistent with the C omprehensive Plan and would provide for the type o f use that is rec o mmended in the C o mmunity Mixed U se place type, staff rec ommends approval of this applica)on and suggests the following mo)on: I move to recommend A P P R OV A L of the propo sed rezoning to a (C Z D ) P D. I find it to be C O N S I S T E N T with the purpo ses and intent of the C omprehensive Plan beca use it is located nea r a c o mmercia l node and alo ng a majo r corrido r. I t also pro vides for the uses intended by the C o mmunity Mixed U se place type. I also find reco mmending A P P R OVA L of the rezo ning request is reaso nable and in the public interest because the proposa l pro vides uses that will serve the needs o f the surrounding community. S taff also recommends the following condi7ons: 1. Prior to the approva l of any f uture phase o f this project or expansion of school beyond 400 students, required N C D OT road impro vements, as included in the T I A, must be c o mpleted. 2. T he Terms & C o ndi)o ns document shall be revised to clarify the process f o r approval of future development. Sec)on 1A shall be revised as follows: “Phase 1 o n Master Plan to be completed upon approva l o f rezo ning to Planned Development. Phases 2 thru 4 are listed as f uture develo pment and cannot be started witho ut a n a ppro ved mo difica)o n to the Planned D evelo pment Planning Board - May 5, 2022 ITEM: 3 District.” A lterna7 ve M o7on for Denial I move to reco mmend D E N I A L of the pro posed rezo ning. W hile I find it to be C O N S I S T E N T with the purposes and intent of the C omprehensive Plan bec ause it is loca ted near a co mmercial no de and along a major co rridor, I fi nd D E N I A L of the rezoning request is reasonable and in the public interest because the propo sed project wo uld be be7er suited to a diff erent zo ning district. AT TA C H M E N T S : Descrip)on Z22-13 PB Script Z22-13 Staff Report Zoning Map Future Land Use Map Mail Out Map Initial Application Cover Sheet Initial Application Terms & Conditions Document Community Meeting Documents Concept Plan Cover Sheet Concept Plan Traffic Impact Analysis Cover Sheet Traffic Impact Analysis Approval Letter Traffic Impact Analysis Summary C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) Planning Board - May 5, 2022 ITEM: 3 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z22-13) Rezoning Request (Z22-13) – Request submitted by Northside Baptist Church, property owner, to rezone approximately 21 acres of land located at 2501 N College Rd from (CZD) B-2, Regional Business, to (CZD) PD, General Planned Development for a school. 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 an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation and supporter comments (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) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. 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. Example Motion for Approval I move to RECOMMEND approval of the proposed rezoning to a (CZD) PD district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node, along a major corridor, and provides for the uses intended by the Community Mixed Use place type. I also find RECOMMENDING approval of the rezoning request is reasonable and in the public interest because the proposal provides uses that will serve the needs of the surrounding community. Staff also recommends the following conditions: 1. Prior to the approval of any future phase of this project or expansion of school beyond 400 students, required NCDOT road improvements, as included in the TIA, must be completed. 2. The Terms & Conditions document shall be revised to clarify the process for approval of future development. Section 1A shall be revised as follows: “Phase 1 on Master Plan to be completed upon approval of rezoning to Planned Development. Phases 2 thru 4 are listed as future development and cannot be starte d without an approved modification to the Planned Development District.” Planning Board - May 5, 2022 ITEM: 3 - 1 - 1 Example Motion for Denial I move to RECOMMEND denial of the proposed rezoning to a (CZD) PD district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node and along a major corridor, I also find RECOMMENDING denial of the rezoning request is reasonable and in the public interest because the proposed project would be better suited to a different zoning district. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional PD district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - May 5, 2022 ITEM: 3 - 1 - 2 Z22-13 Staff Report PB 5.5.2022 Page 1 of 17 STAFF REPORT FOR Z22-13 PLANNED DEVELOPMENT APPLICATION APPLICATION SUMMARY Case Number: Z22-13 Request: Rezoning to a Conditional Planned Development (PD) district Applicant: Property Owner(s): Northside Baptist Church Northside Baptist Church Location: Acreage: 2501 N College Rd 21 PID(s): Comp Plan Place Type: R03400-01-013-005 Community Mixed Use Existing Land Use: Proposed Land Use: Church Church with addition of school Current Zoning: Proposed Zoning: (CZD) B-2, Regional Business (CZD) PD, Planned Development SURROUNDING AREA LAND USE ZONING North Single-Family Residential, Commercial R-15, CZD B-2 East Commercial Services (Circle K & AT&T facility) across N College Rd. B-2 South Single-Family Residential, Commercial R-15, B-2 West Single-Family Residential B-2 Planning Board - May 5, 2022 ITEM: 3 - 2 - 1 Z22-13 Staff Report PB 5.5.2022 Page 2 of 17 ZONING HISTORY July 7, 1972 Initially zoned R-15 April 2, 2012 Approved rezoning case Z-915. Rezoned from R-15 to B-2 to accommodate on-site McDonald’s. COMMUNITY SERVICES Water/Sewer Water services are available through CFPUA. Sanitary sewer is available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Murrayville Station Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools Recreation Blue Clay Bike Park & Northern Regional Park at Castle Hayne CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Planning Board - May 5, 2022 ITEM: 3 - 2 - 2 Z22-13 Staff Report PB 5.5.2022 Page 3 of 17 APPLICANT’S PROPOSED MASTER PLAN Overview • The Planned Development (PD) district is a type of conditional zoning district that includes a site-specific design (master plan), and mutually agreed upon conditions can be attached. Master plans for PD districts are intended to be in a bubble format that illustrate the general location and intensity of the land uses within the development. Planned developments must be constructed in accordance with the standards established in the approved master plan and must comply with all other applicable development regulations (stormwater, landscaping, roadways, parking, etc.). Compliance with the master plan and other applicable regulations is verified during the review of a site specific development proposal located within the planned development. • The PD district was established to encourage innovative, integrated, and efficient land planning and site design concepts that achieve a high quality of development, environmental sensitivity, and adequate public facilities and services. The PD district can also provide more flexibility from conventional development standards, such as parking and street design, in order to help create a more mixed-use, pedestrian-oriented development. UDO Section 3.3.7 – Planned Development (PD) District Planning Board - May 5, 2022 ITEM: 3 - 2 - 3 Z22-13 Staff Report PB 5.5.2022 Page 4 of 17 Includes Staff Markups • The applicant is proposing to rezone approximately 21 acres to (CZD) PD in order to open a school. The school phase of this project consists of repurposing an existing 14,659 square foot building formerly used as a church into Northside Christian School. An additional, N C o l l e g e R d Bavarian Ln Proposed Site ingress for school Ow l s L n Re d H a w k R d Proposed School Building Proposed School Office Building Proposed Site egress for school Stormwater Pond (existing) Proposed build- out in future phases (not covered under this PD) Planning Board - May 5, 2022 ITEM: 3 - 2 - 4 Z22-13 Staff Report PB 5.5.2022 Page 5 of 17 existing 5,000 square foot building on the property is proposed for use as an office for the school. All buildings on the property are currently used for church purposes. The large building on the northwestern portion of the property is the sanctuary, while the existing eastern buildings that parallel N College Rd are used for Sunday School and Youth Ministry. • Northside Christian School will open year one as kindergarten only. The following year, as the kindergartners move to first grade, the school will enroll a new class of kindergartners. This pattern will continue each year as the school expands until they reach the limit set by the Traffic Impact Analysis: 5 years or 400 students. At that point, another TIA would be required for the school to continue to expand. Both elementary and secondary schools are permitted by-right in the PD zoning district; therefore, future rezoning will not be required for the schools. • The long-term vision for the project includes additional phases, which are not currently included in the proposal under consideration. These will be separate uses from Northside Christian School and would require a modification of the Planned Development if approved. Community Benefit • The proposed development would serve as an expansion of Northside Baptist Church’s Education Ministry. This is part of the church’s goal in carrying out its vision of serving the community in spiritual, physical, recreational and community life. • The proposed school is intended to alleviate some of the pressure put on the public school system by the increase in population of the Cape Fear Region. • The proposed future uses in Phases II-IV including café, auto repair shop and fitness center are part of the church’s vision statement in their intent to serve the community. These phases are not covered under this PD rezoning. Conditions In accordance with the standards of the Unified Development Ordinance (UDO), a Planned Development (PD) District includes a Terms and Conditions document that details any conditions of approval or proposed modifications to development standards. The following notable proposed conditions of the proposal are listed below. The full Terms and Conditions document is included in the application and will be incorporated with the Master Plan if the rezoning is approved. (Italicized text taken directly from application) 1) Conditions related to approval of the application for the master planned development zoning district classifications: a) Phase 1 on Master Plan to be completed upon approval of rezoning to Planned Development. Phases 2 thru 4 are listed as future development and cannot be started without an additional community meeting and a full TIA study encompassing these phases has been completed. b) The use and development of our property will comply with all applicable federal, state, and local laws. Planning Board - May 5, 2022 ITEM: 3 - 2 - 5 Z22-13 Staff Report PB 5.5.2022 Page 6 of 17 c) The use and other regulations and condition approved may be amended or modified to align with county requirements. d) Approval of this rezoning does not give approval of the site plan. All required permits must occur before construction can begin. 2) References to the Master Development Plan, including any density/intensity standards dimensional standards and development standards: a) The Planned Development does not include residential units. The density requirements for residential units will not apply. b) The existing building as well as future buildings have been and will be developed in accordance with the county, state and federal building and environmental regulations. 3) Conditions related to the approval of the MDP Master Plan, including any conditions related to the form and design of development shown in MDP Master Plan: a) The subject property already has 2 paved access points connected to North College Road. b) The subject property also has 2 additional paved access points, one at the end of Owls Lane and one at the end of Red Hawk Road. c) There will be no gated access points. d) The development already has existing vegetation that was planted per county standards. As future structures are added additional vegetation will be added per county standards. 4) Provisions addressing how transportation, potable water, wastewater, storm water management, and other infrastructure will be provided to accommodate the prosed development: a) This proposed Planned Development already has paved roads established throughout the development. b) Stormwater management has already been installed (see attached map) c) Development is already serviced by Cape Fear Public Utilities for water and sewer. This includes our own sewer pumping station on property. 5) Provisions related to environmental protection and monitoring: a) Northside Baptist Church has in the past and will continue to follow all local, state, and federal regulation, laws, and ordinances. • Because Phases II-IV would require a modification of the PD District, the Terms and Conditions document may need to be modified to clarify this. Planning Board - May 5, 2022 ITEM: 3 - 2 - 6 Z22-13 Staff Report PB 5.5.2022 Page 7 of 17 ZONING CONSIDERATIONS • The B-2 district is intended to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto- oriented uses that meet the needs of the motoring public or that rely on pass-by traffic. Common uses in this district include: Restaurants, hotels, large retailers (Best Buy, Walmart, etc.) and vehicle and equipment sales and service. • 2501 N College St was rezoned to B-2 on April 2, 2012 to accommodate an on-site McDonald’s on church-owned property. • Much of the surrounding area is developed for residential use and is zoned R-15. • The properties across N College St are zoned B-2 and used for commercial purposes. • The PD district was established to encourage innovative, integrated, and efficient land planning and site design concepts that achieve a high quality of development, environmental sensitivity, and adequate public facilities and services. The PD district can also provide more flexibility from conventional development standards, such as parking and street design, in order to help create a more mixed-use, pedestrian-oriented development. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the north shall not exceed 0.5 foot candles. The UDO does not prescribe limitations on the height, wattage, bulb-type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. • If approved, the project would be subject to Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Planning Board - May 5, 2022 ITEM: 3 - 2 - 7 Z22-13 Staff Report PB 5.5.2022 Page 8 of 17 AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - May 5, 2022 ITEM: 3 - 2 - 8 Z22-13 Staff Report PB 5.5.2022 Page 9 of 17 TRANSPORTATION • Access for Northside Christian School is proposed to be provided to the subject property by Red Hawk Rd, an NCDOT owned and maintained route. • Ingress for the School to Red Hawk Rd is full-movement from Bavarian Lane, also NCDOT owned and maintained. • Egress for the School is right-out on Southbound N College Rd. Traffic wishing to travel North on N College Rd will make a U-turn at the light located at the intersection of N College and Bavarian/Murrayville Rd. • Existing church traffic uses both points of ingress at N College and Red Hawk Rd. The below table outlines current traffic numbers for the church on Sundays. Planning Board - May 5, 2022 ITEM: 3 - 2 - 9 Z22-13 Staff Report PB 5.5.2022 Page 10 of 17 Intensity Approx. Peak Hour Trips Existing Development Church 404 Sunday Initial Build First Year of School 90 AM / 68 PM Full Build Maximum School Capacity 498 AM / 364 PM Traffic Impact Analysis • New developments that are anticipated to generate more than 100 trips during any peak hour period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. NCDOT conducts TIAs for new schools up to a certain threshold. The TIA for this project was finalized on February 8, 2022. • The finalized TIA analyzed the development of both the initial build-out of 70 students to full build-out of 400 students for Northside Christian School. The Church plans to add other uses to the Planned Development in the future, at which time the Traffic Analysis will be revisited. The TIA references the church but does not include the already existing church traffic generation as the days of use differ. • Per conversation with NCDOT, the church will be responsible for upfronting the cost for the roadway improvements and will be reimbursed by NCDOT. • The TIA approval requires the following notable roadway improvements prior to full school (5-years or 400 students) build-out: o Extend the southbound left turn lane to at least 450 feet long, and o Adjust the signal timing to compensate for the additional school traffic Extend the southbound left turn lane to at least 450 feet long Planning Board - May 5, 2022 ITEM: 3 - 2 - 10 Z22-13 Staff Report PB 5.5.2022 Page 11 of 17 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-5881 o Upgrade of Gordon Rd to New Centre Drive. Proposed 2029 start date. • STIP Project U-6202 o Widen roadway from Market St to I-40. Proposed construction to begin in 2022 and finish in 2029. Planning Board - May 5, 2022 ITEM: 3 - 2 - 11 Z22-13 Staff Report PB 5.5.2022 Page 12 of 17 Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) 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 1. Hawthorne at Smith Creek • 318 multi-family units • TIA approved February 7, 2019 • 2020 build out year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • At site access construction of a right-in/right-out only access and stop control for egress traffic. • Installation of a westbound right-turn land and southbound left-turn lane at Gordon Road and Blount Drive. Nearby Proposed Developments included within the TIA: • The Landing at Lewis Creek Estates Subdivision Development Status: Completed. All roadway improvements have been completed. ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The property is within the Smith Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II & III soils. Class III indicates severe limitation. However, the site is expected to be served by CFPUA when developed. These soils will not impact this project. Planning Board - May 5, 2022 ITEM: 3 - 2 - 12 Z22-13 Staff Report PB 5.5.2022 Page 13 of 17 OTHER CONSIDERATIONS Representative Developments Existing Church building to be repurposed: Planning Board - May 5, 2022 ITEM: 3 - 2 - 13 Z22-13 Staff Report PB 5.5.2022 Page 14 of 17 Representative Churches with Schools: St. Mark’s Catholic School, Eastwood Rd Myrtle Grove Christian School, Piner Rd Planning Board - May 5, 2022 ITEM: 3 - 2 - 14 Z22-13 Staff Report PB 5.5.2022 Page 15 of 17 Context and Compatibility • The property is located along N College St., a major commercial corridor. • Northside Baptist Church is already developed; this project would use existing buildings on the property. • The property is located just south of Trask Middle School and Laney High School and is located north of a commercial node. 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. 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 Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate use include office, retail, mixed use, recreational, commercial, institutional, multi-family and single-family residential. Planning Board - May 5, 2022 ITEM: 3 - 2 - 15 Z22-13 Staff Report PB 5.5.2022 Page 16 of 17 Analysis The subject property is located in the northern portion of the County along a major road corridor and is just north of a commercial node. It is in close proximity to both residential uses and other commercial services. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of small-scale, mixed-use developments. This place type is common for areas along major road corridors. The applicant is proposing the repurposing of existing buildings on the property for the school in Phase I, with Phases II-IV encompassing the proposed future uses and build-out. The proposed use is in line with what the Comprehensive Plan recommends for this place type and aims to meet the needs of the surrounding community. While the PD district was not intended for this type of project, it is the most appropriate for the future uses proposed by Northside Baptist Church. Consistency Recommendation The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the type of use that is recommended in the Community Mixed Use place type. STAFF RECOMMENDATION This project, located in close proximity to a commercial node and area schools, is intended to meet the needs of the surrounding community. While this is not a development that is common in the PD district, it is in line with the Comprehensive Plan for this area of the County. Both the immediate and near-future proposed uses will serve the needs of this part of the County. As a result, Staff recommends approval of the proposal and suggests the following motion: I move recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node and along a major corridor. It also provides for the uses intended by the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides uses that will serve the needs of the surrounding community. Staff also recommends the following conditions: 1. Prior to the approval of any future phase of this project or expansion of school beyond 400 students, required NCDOT road improvements, as included in the TIA, must be completed. 2. The Terms & Conditions document shall be revised to clarify the process for approval of future development. Section 1A shall be revised as follows: “Phase 1 on Master Plan to be completed upon approval of rezoning to Planned Development. Phases 2 thru 4 are listed as future development and Planning Board - May 5, 2022 ITEM: 3 - 2 - 16 Z22-13 Staff Report PB 5.5.2022 Page 17 of 17 cannot be started without an approved modification to the Planned Development District.” Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node and along a major corridor, I find DENIAL of the rezoning request is reasonable and in the public interest because the full proposal would have a negative impact on the surrounding area. Planning Board - May 5, 2022 ITEM: 3 - 2 - 17 C o l l e g e R d Long Rid g e D r C o l l e g e R d B e n t T r e e Ct O w l s L n Bavarian LnKerr Av R e d H a w k R d K e r rAv Murrayville R d Sirius Dr R-15 CZD B-2 O&I B-2AR CZD I-1AC R-10 New Hanover County, NC SHODIncorporated Areas Indicates Conditional Zoning District (CZD) See Section 5.7 of the UDOCOD B-1 AC R-5 EDZD CB I-1 R-7 PD B-2 I-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ O&I R-20S Zoning Districts CZD PDCZD B-22501 N College RdZ22-13 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 550275 Feet SITE CZD B-2 Planning Board - May 5, 2022 ITEM: 3 - 3 - 1 M urra y ville R d C o l l e g e R d I-40 Lo n g R i d g e D r Kerr Av Community Mixed Use ConservationEmployment Center General Residential New Hanover County, NC CONSERVATION RURAL RESIDENTIAL COMMUNITY MIXED USE URBAN MIXED USE GENERAL RESIDENTIAL EMPLOYMENT CENTER COMMERCE ZONE Place Types CZD PDCZD B-22501 N College RdZ22-13 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 1,000500 Feet SITE Planning Board - May 5, 2022 ITEM: 3 - 4 - 1 Murr a y v i l l e R d C o l l e g e R d B r o k e n L i m b C t O n e a l P l C h a r thouse D r B e n t T r e e C t O w l s L n Long Ridge Dr Bavarian Ln R e d H a w k R d C o r p o r a t e D r S i r i u s D r I-40Kerr Av New Hanover County, NCNeighboring Parcels CZD PDCZD B-22501 N College RdZ22-13 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 500250 Feet SITE Planning Board - May 5, 2022 ITEM: 3 - 5 - 1 Initial Application Documents & Materials Planning Board - May 5, 2022 ITEM: 3 - 6 - 1 Planning Board - May 5, 2022 ITEM: 3 - 7 - 1 Planning Board - May 5, 2022 ITEM: 3 - 7 - 2 Planning Board - May 5, 2022 ITEM: 3 - 7 - 3 Planning Board - May 5, 2022 ITEM: 3 - 7 - 4 Planning Board - May 5, 2022 ITEM: 3 - 7 - 5 Planning Board - May 5, 2022 ITEM: 3 - 7 - 6 Planning Board - May 5, 2022 ITEM: 3 - 7 - 7 Planning Board - May 5, 2022 ITEM: 3 - 7 - 8 Planning Board - May 5, 2022 ITEM: 3 - 7 - 9 Planning Board - May 5, 2022 ITEM: 3 - 7 - 10 Planning Board - May 5, 2022 ITEM: 3 - 8 - 1 Planning Board - May 5, 2022 ITEM: 3 - 8 - 2 Planning Board - May 5, 2022 ITEM: 3 - 9 - 1 Planning Board - May 5, 2022 ITEM: 3 - 9 - 2 Concept Plan Planning Board - May 5, 2022 ITEM: 3 - 10 - 1 Planning Board - May 5, 2022ITEM: 3 - 11 - 1 Traffic Impact Analysis Planning Board - May 5, 2022 ITEM: 3 - 12 - 1 Planning Board - May 5, 2022 ITEM: 3 - 13 - 1 Planning Board - May 5, 2022 ITEM: 3 - 14 - 1 Planning Board - May 5, 2022 ITEM: 3 - 14 - 2 Planning Board - May 5, 2022 ITEM: 3 - 14 - 3 Planning Board - May 5, 2022 ITEM: 3 - 14 - 4 Planning Board - May 5, 2022 ITEM: 3 - 14 - 5 Planning Board - May 5, 2022 ITEM: 3 - 14 - 6 Planning Board - May 5, 2022 ITEM: 3 - 14 - 7 Planning Board - May 5, 2022 ITEM: 3 - 14 - 8 Planning Board - May 5, 2022 ITEM: 3 - 14 - 9 Planning Board - May 5, 2022 ITEM: 3 - 14 - 10 Planning Board - May 5, 2022 ITEM: 3 - 14 - 11 N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D R EQ U E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 5/5/2022 Regular D E PA R T M E N T: Planning P R E S E N T E R(S ): J ulian Griffee, C urrent Planner C O N TA C T (S ): J ulian Griffee; Rebekah Roth, P lanning & L a nd U se D irecto r S U B J EC T: P ublic Hearing Rezoning Request (Z 22-14) – Request submi5ed by C indee Wolf with Design S olu;ons, applic ant, on behalf of A B A S elf S torage, L LC , property owner, to rezone approximately 0.23 acres of land loc ated at 4631 C arolina B each Road from (C Z D) B -2, Regional B usiness to (C Z D) R-5, Residen;al for a single-family residen;al unit with accessory struc ture. B R I E F S U M M A RY: T he applicant is proposing to rezo ne approximately 0.23 acres lo cated at 4631 C aro lina B each Road f ro m (C Z D ) B -2 to (C Z D ) R -5 to renovate a vacant exis3ng single-family dwelling on the parcel and construct a 30’ x 50’ accesso ry structure. T he subject site wo uld be required to meet a ll the U nifi ed Development O rdina nce (U D O ) requirements f o r develo pment within the proposed zoning district. T he exis3ng C Z D district for this property was established in February 2022 with the approval o f rezoning Z21-20. T he subject parcel a nd the abu;ng parcel to the north and west were rezo ned to (C Z D ) B -2 f o r the develo pment o f a 17,000 squa re f o o t indo o r recrea3onal f acility a nd 5,000 square feet of general retail and animal grooming services. T he a ppro ved concept pla n had the use of the subject site as parking for the commercial structure. I t may be po ssible for the remnant por3on o f the (C ZD) B -2 district a ppro ved in Z21-20 to meet all required standards if the pro posed rezoning were approved. T his would have to be determined as part of a f uture T R C review o f a site plan incorpo ra3ng required parking and the addi3onal buffer width that wo uld be triggered by the (C Z D ) R -5 rezoning. I f the changes to the site pla n had material effec t on the character o f the approved indoor recrea3on development, a rezoning of that parcel would be required. An3cipated changes to the appro ved development under Z21-20 include an addi3onal buffer between the commercial land use and the single-f amily residenc e. T he parcel fronts a nd has direct access to C aro lina B each Road. As depicted in the applica3on materials, the parcel will have a right-in, right-out only access. T his access will be separa te from the access a ppro ved f o r the adjacent commercial develo pment per exis3ng condi3ons a nd approved within Z21-20. T he develo pment approved with Z21-20 is es3mated to generate 46 A M peak ho ur and 73 P M peak ho ur trips. I f the rezoning f o r the residen3al use is appro ved, it is es3mated that the combined genera ted trips between both parcels wo uld increase by 1 A M peak hour trip and 1 P M pea k hour trip. T h e subject property is lo cated along the major roadway corridor C arolina B ea c h Ro ad. I n addi3on to the vacant parcel 3ed to Z21-20 to the north and west, the subjec t parcel is bo rdered to the east by a mul3-f amily development within the C ity o f Wilmington’s municipal limits. O ffi ce and civic uses are loca ted acro ss from C arolina B each Ro a d. T he propo sal is located between the Monkey J unc3on intersec3o n and the pro posed Fairfield Park mixed-use develo pment where transi3o nal service uses would be more appropriate than a single-family dwelling. Planning Board - May 5, 2022 ITEM: 4 B ased o n the current general student genera3on rate, this pro posal wo uld not have a n eff ect on the local scho o l system. T he C o mprehensive Plan classifi es the property as C o mmunity Mixed U se, which promotes develo pment of a mix o f residen3al, o ffice, and retail uses at moderate densi3es. T his classifica3on intends f o r moderate to high densi3es while also providing a transi3o n between the exis3ng lower density housing and higher intensity employment centers. T he pro posed (C Z D ) R -5 rezo ning is generally I N C O N S I S T E N T with the 2016 C omprehensive Plan beca use the pro posed use is less in line with those recommended f o r C o mmunity Mixed U se place types, the district is lo cated within a transi3o nal area, and the uses aro und the subject site are a mix of commercial, mul3-family residen3al, and ins3tu3o nal. S T R AT EGI C P L A N A L I G N M E N T: R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : T he a rea of the subject site is lo c ated in is between one of the C ounty ’s three iden3fied commercial nodes and an appro ved mixed-use develo pment within the C ity o f W ilmingto n. A mixture o f uses and higher intensi3es can be found between these two areas. T he propo sal is no t similar in f o rm and density to other nearby pro jects. As the propo sal is a low-density, single-f amily dwelling, may affect the development of the appro ved commercia l land use on the adjacent pro perty, and is located alo ng a hea vily traveled co rridor between two developing nodes, the pro posal has been determined to not be in line with the C omprehensive P lan reco mmenda3o ns for this area. As such, S taff rec ommends denial of this applica3on and suggests the following mo3on with the applicant ’s propo sed condi3ons: I move to reco mmend D E N I A L of the proposed rezo ning to a (C Z D ) R -5 district. I find it to be I N C O N S I S T E N T with the purposes and intent of the C omprehensive Plan because the project pro vides a type of use no t reco mmended in the C ommunity Mixed U se pla c e type and the residen3al densi3es are not in-line with tho se recommended for the place type. I a lso find recommending D E N I A L of the rezo ning request is reaso na ble and in the public interest because the pro posal is lo cated within an area that po ssesses a mixture of uses and higher intensi3es. T he pro posal is no t similar in form and density to o ther nearby pro jects and wo uld not serve as a benefit as it does not provide an appropriate transi3o n between adjacent land uses. A lterna;ve M o;on for A pproval I move to recommend A P P R OVA L of the pro posed rezoning to a (C Z D ) R -5 district. W hile I fi nd it to be I N C O N S I S T E N T with the purposes and intent o f the C omprehensive Plan beca use the pro ject pro vides f o r the types and mixture o f uses recommended in the C ommunity Mixed U se place type a nd the residen3al densi3es are in-line with those recommended for the property, I find recommending A P P R OVA L of the rezoning request is reasonable and in the public interest because the propo sal allows f o r the use of an exis3ng residen3al structure a nd is low-intensity. AT TA C H M E N T S : Descrip3on Z22-14 PB Script Z22-14 Staff Report PB Z22-14 Zoning Z22-14 FLUM Planning Board - May 5, 2022 ITEM: 4 Z22-14 Mailout Initial Application Cover Sheet Z22-14 4631 Carolina Beach Road Application Submittal Documents Concept Plan Cover Sheet Z22-14 4631 Carolina Beach Road Conceptual Plan C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) Planning Board - May 5, 2022 ITEM: 4 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z22-14) Request by Cindee Wolf, applicant, on behalf of the property owner, ABA Self Storage, LLC, to rezone approximately 0.23 acres of land located at 4361 Carolina Beach Road from (CZD) B-2, Conditional Regional Business, to (CZD) R-5, Conditional Residential Moderate-High Density. 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 an 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) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. 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. Example Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) R-5 district. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides a type of use not recommended in the Community Mixed Use place type and the residential densities are not in-line with those recommended for the place type. I also find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is located within an area that possesses a mixture of uses and higher intensities. The proposal is not similar in form and density to other nearby projects and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. Example Motion for Approval I move to recommend APPROVAL of the proposed rezoning to a (CZD) R-5 district. While I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in-line with those recommended for the property, I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows for the use of an existing residential structure and is low-intensity. Planning Board - May 5, 2022 ITEM: 4 - 1 - 1 Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional 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 RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - May 5, 2022 ITEM: 4 - 1 - 2 Z22-14 Staff Report PB 5.5.2022 Page 1 of 15 STAFF REPORT FOR Z22-14 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-14 Request: Rezone 0.23 acres to (CZD) R-5, Conditional Residential District Applicant: Property Owner(s): Cindee Wolf ABA Self Storage, L.L.C. Location: Acreage: 4631 Carolina Beach Road 0.23 PID(s): Comp Plan Place Type: R07000-004-005-000 Community Mixed Use Existing Land Use: Proposed Land Use: Vacant Single-family Dwelling Single-family Dwelling with Accessory Structure Current Zoning: Proposed Zoning: (CZD) B-2, Regional Business (CZD) R-5, Residential Moderate-High Density SURROUNDING AREA LAND USE ZONING North Undeveloped Parcel (CZD) B-2 East Multi-family Housing Development Community Business (City of Wilmington) South Carolina Beach Road Right-of-Way & Multi-family Housing Development N/A & Community Business (City of Wilmington) West Carolina Beach Right-of-Way and Undeveloped Parcel N/A & (CZD) B-2 Planning Board - May 5, 2022 ITEM: 4 - 2 - 1 Z22-14 Staff Report PB 5.5.2022 Page 2 of 15 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) December 5, 2005 Subject parcel rezoned to (CUD) B-1 (Z-821) for a mixed-use development containing uses allowed within the B-1 zoning district. May 3, 2021 With the adoption of TA21-01, which incorporated the provisions of S.L.2019-111, CUD zoning districts were converted automatically to CZD zoning districts. February 3, 2022 Subject parcel, zoned (CZD) B-1, and vacant parcel to the north and west, zoned (CZD) B-2, are rezoned to (CZD) B-2 to allow for the development of a 17,000 square foot indoor recreational facility and 5,000 square feet of general retail and animal grooming services. COMMUNITY SERVICES Water/Sewer Capacity available through CFPUA, properties are currently connected to sewer. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools Williams Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Echo Farms Park, Arrowhead Park, Myrtle Grove Athletic Complex CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation Resource maps indicate that there are no conservation areas or wetlands present on site. Historic No known historic resources Archaeological No known archaeological resources Planning Board - May 5, 2022 ITEM: 4 - 2 - 2 Z22-14 Staff Report PB 5.5.2022 Page 3 of 15 APPLICANT’S PROPOSED CONCEPTUAL PLAN Proposed Site Plan with Staff Markups • The applicant is proposing to rezone approximately 0.23 acres at 4631 Carolina Beach Road from (CZD) B-2 to (CZD) R-5. The proposed development consists of the renovation of a vacant single-family dwelling that exists on the parcel and construction of a 30’ x 50’ accessory structure. • The applicant has indicated that this rezoning would not inhibit the development of the recently approved structure and indoor recreation use in Z21-20, approved in February 2022. Any modification of that concept plan would be assessed once presented to Staff and would be required to adhere to standards within the UDO. • The applicant has indicated that the property owner of the abutting parcel, located at 4629 Carolina Beach Road, is not in opposition of this rezoning and deviation from the approved plan in Z21-20. 30’ x 50’ Accessory Structure Vacant Residential Structure New Driveway Access Planning Board - May 5, 2022 ITEM: 4 - 2 - 3 Z22-14 Staff Report PB 5.5.2022 Page 4 of 15 ZONING CONSIDERATIONS • It may be possible for the remnant portion of the (CZD) B-2 district approved in Z21-20 to meet all required standards if the proposed rezoning were approved. This would have to be determined as part of a future TRC review of a site plan incorporating required parking and the additional buffer width that would be triggered by the (CZD) R-5 rezoning. If the changes to the site plan had material effect on the character of the approved indoor recreation development, a rezoning of that parcel would be required. Anticipated changes to the approved development include the requirement of an additional buffer from the commercial land use with the proposed single-family residence. • While the R-5 zoning district allows a range of residential and institutional uses, the Conditional Zoning District designation would limit the use of this parcel to a renovation of the existing single-family dwelling and construction of the proposed accessory structure. Planning Board - May 5, 2022 ITEM: 4 - 2 - 4 Z22-14 Staff Report PB 5.5.2022 Page 5 of 15 AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - May 5, 2022 ITEM: 4 - 2 - 5 Z22-14 Staff Report PB 5.5.2022 Page 6 of 15 TRANSPORTATION • The parcel fronts and has direct access to Carolina Beach Road. • The site currently shares a driveway with the abutting parcel to the northwest. • As depicted in the application materials, the parcel will have a right-in, right-out only access. This proposal will result in an additional driveway to Carolina Beach Road, separate from the access approved for the adjacent commercial development per existing conditions and approved within Z21-20. • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • The development approved is estimated to generate 46 AM peak hour and 73 PM peak hour trips. If the rezoning for the residential use is approved, it is estimated that the combined generated trips between both parcels would increase by 1 AM peak hour trip and 1 PM peak hour trip. Planning Board - May 5, 2022 ITEM: 4 - 2 - 6 Z22-14 Staff Report PB 5.5.2022 Page 7 of 15 • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway 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 most recent traffic counts in the area indicate capacity currently exists on the Carolina Beach Road corridor. WMPO Average Annual Daily Traffic (AADT) Intensity Approx. Peak Hour Trips Anticipated Development under Approved (CZD) B-2 Zoning District: 17,000 sf indoor recreation facility & 5,000 sf of general retail and animal grooming service 46 AM / 73 PM Proposed Development: 1 Single-family Dwelling 1 AM / 1 PM Approved Rezoning and Proposed Residential Use: 17,000 sf indoor recreation facility & 5,000 sf of general retail and animal grooming service and 1 Single-family Dwelling 47 AM / 74 PM Road Location Volume Capacity V/C Carolina Beach Road Between Silva Terra Drive and St. Andrews Drive 37,191 41,368 0.90 Planning Board - May 5, 2022 ITEM: 4 - 2 - 7 Z22-14 Staff Report PB 5.5.2022 Page 8 of 15 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-5702B o Project encompasses access management improvement on College Road from Carolina Beach Road to Shipyard Boulevard. Project is scheduled after 2029. • STIP Project U-5790 o Project calls for improvements to the Monkey Junction (Carolina Beach Road, College Road, and Piner Road) intersection. Project is scheduled after 2029. Planning Board - May 5, 2022 ITEM: 4 - 2 - 8 Z22-14 Staff Report PB 5.5.2022 Page 9 of 15 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 1. Fairfield Park Mixed- Use Development • 276 multi-family housing units • Approved May 6, 2019 • Full build out 2021 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Provide one ingress and one egress lane, provide stop control for the egress movement, and provide 100’ internal protected stem at four intersections within the development. • Extend the northbound left turn lane to provide 500 feet of storage, 50 feet of full width deceleration, and 100 feet of taper at US 421 (Carolina Beach Road) at McCarley Boulevard/Orchid Drive. Nearby Proposed Developments included within the TIA: • None. Development Status: Development and improvements are currently under construction. ENVIRONMENTAL • No portion of the parcel is located within an AE Flood-zone and AE Floodway. • The entire site is located within the Barnards Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation). However, water and sewer are available through CFPUA. Planning Board - May 5, 2022 ITEM: 4 - 2 - 9 Z22-14 Staff Report PB 5.5.2022 Page 10 of 15 OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Williams Elementary, Myrtle Grove Middle, and Ashley High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • As the site is vacant, the parcel does not generate any students. • Based on the current general student generation rate*, this proposal would not have an effect on the local school system. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Vacant Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Proposed (CZD) R-5 Zoning 1 Residential Unit Approximate** Total: 0 (0 elementary, 0 middle, 0 high) *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and inclu de students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. Planning Board - May 5, 2022 ITEM: 4 - 2 - 10 Z22-14 Staff Report PB 5.5.2022 Page 11 of 15 School Enrollment* and Capacity** (2021-2022 School Year) *Enrollment is based on the New Hanover County Schools enrollment projections for the 2021 -2022 school year. **Capacity calculations were determined based on the projected capacities for the 2021 -2022 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey that has been prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. Level Total NHC Capacity School Projected Enrollment of Assignment School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 95% Williams 412 412 100% None Middle 108% Myrtle Grove 740 738 100% None High 100% Ashley 1,990 1,896 105% None Planning Board - May 5, 2022 ITEM: 4 - 2 - 11 Z22-14 Staff Report PB 5.5.2022 Page 12 of 15 EXISTING SITE Existing Site of Proposed Development: Looking North Looking Northeast Planning Board - May 5, 2022 ITEM: 4 - 2 - 12 Z22-14 Staff Report PB 5.5.2022 Page 13 of 15 Context and Compatibility • The subject property is located at 4631 Carolina Beach Road and is only accessible by Carolina Beach Road. • The site abuts the vacant parcel tied to Z21-20 on the western and northern boundaries and is bordered to the east by a multi-family development that is located within the City of Wilmington’s municipal limits. Located across the street from the parcels are office and civic uses. • There are a mix of commercial and residential uses within the area. • The proposal is located between the Monkey Junction intersection and the proposed Fairfield Park mixed-use development where transitional service uses would be more appropriate than a single-family dwelling. Planning Board - May 5, 2022 ITEM: 4 - 2 - 13 Z22-14 Staff Report PB 5.5.2022 Page 14 of 15 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. 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 Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Analysis The subject property is located along a major roadway corridor, Carolina Beach Road, and is surrounded by a vacant parcel with an approved commercial use to the north and west and a multi-family development to the south and east that is located within the City of Wilmington’s municipal limits. The Comprehensive Plan classifies the property as Commercial Mixed Use, which allows for low to moderate intensity retail and services that can support nearby neighborhoods. The Community Mixed Use place type designation encourages a mix of uses, including single- and multi-family residential, commercial, civic, mixed-use, and recreational uses. Typical zoning associated with this place type includes moderate density residential, commercial, office and institutional, and mixed-use. The proposed (CZD) R-5 rezoning is less consistent with the uses and intensity recommended in the Comprehensive Plan than the development allowed within the existing (CZD) B-2 zoning district. Consistency Recommendation The proposed (CZD) R-5 rezoning is generally INCONSISTENT with the 2016 Comprehensive Plan because the proposed use is less in line with those recommended for Community Mixed Use place types, the district is located within a transitional area, and the uses around the subject site are a mix of commercial, multi-family residential, and institutional. Planning Board - May 5, 2022 ITEM: 4 - 2 - 14 Z22-14 Staff Report PB 5.5.2022 Page 15 of 15 STAFF RECOMMENDATION The area of the subject site is located in is between one of the County’s three identified commercial nodes and an approved mixed-use development within the City of Wilmington. A mixture of uses and higher intensities can be found between these two areas. The proposal is not similar in form and density to other nearby projects. As the proposal is a low-density, single-family dwelling, may affect the development of the approved commercial land use on the adjacent property, and is located along a heavily traveled corridor between two developing nodes, the proposal has been determined to not be in line with the Comprehensive Plan recommendations for this area. As such, Staff recommends denial of this application and suggests the following motion with the applicant’s proposed conditions: I move to recommend DENIAL of the proposed rezoning to a (CZD) R-5 district. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides a type of use not recommended in the Community Mixed Use place type and the residential densities are not in-line with those recommended for the place type. I also find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is located within an area that possesses a mixture of uses and higher intensities. The proposal is not similar in form and density to other nearby projects and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. Alternative Motion for Approval I move to recommend APPROVAL of the proposed rezoning to a (CZD) R-5 district. While I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in-line with those recommended for the property, I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows for the use of an existing residential structure and is low-intensity. Planning Board - May 5, 2022 ITEM: 4 - 2 - 15 C a r o l i n a B e a c h R d SaintAndrews Dr Silva T e r r a D r Matte o D r CITY OF WILMINGTON CZD O&I R-15 CZD R-7 CZD B-1 CZD R-10 CZD B-2 R-10 CITY B-2 New Hanover County, NCSHODIncorporated Areas Indicates Conditional Zoning District (CZD) See Section 5.7 of the UDOCOD B-1 AC R-5 EDZD CB I-1 R-7 PD B-2 I-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ O&I R-20S Zoning Districts CZD PDCZD B-24631 Carolina Beach Rd Z22-14 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500 Feet SITEB-2 Planning Board - May 5, 2022 ITEM: 4 - 3 - 1 C a r o l i n a B e a c h R d Saint Andrews Dr Silva T e r r a D r Matte o D r General Residential Community Mixed Use Conservation CITY OF WILMINGTON New Hanover County, NCCONSERVATION RURAL RESIDENTIAL COMMUNITY MIXED USE URBAN MIXED USE GENERAL RESIDENTIAL EMPLOYMENT CENTER COMMERCE ZONE Place Types CZD PDCZD B-24631 Carolina Beach Rd Z22-14 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500 Feet SITE Planning Board - May 5, 2022 ITEM: 4 - 4 - 1 Appleto n W a y A t w at e r C t Sebastian Ln Sikes Dr Saint Andrews Dr C a r o l i n a B e a c h R d Silva T e r r a D r Matte o D r 4620 4610 4631 2 13 6 4629 5 7 606 4616 4580 1133 1137 1109 1119 1123 1129 1130 1120 1110 4615 10 9 New Hanover County, NCNeighboring Parcels CZD PDCZD B-24631 Carolina Beach Rd Z22-14 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500125 Feet SITE Planning Board - May 5, 2022 ITEM: 4 - 5 - 1 Initial Application Documents & Materials Planning Board - May 5, 2022 ITEM: 4 - 6 - 1 Planning Board - May 5, 2022 ITEM: 4 - 7 - 1 Page 1 of 6 Conditional Zoning District Application – Updated 12-2020 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Cindee Wolf Design Solutions P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz ABA Self Storage, L.L.C. 6635 Gordon Road Wilmington, NC 28411 910-612-9409 (Contact: Bill Ambrose) waambrose1962@yahoo.com Planning Board - May 5, 2022 ITEM: 4 - 7 - 2 Page 2 of 6 Conditional Zoning District Application – Updated 12-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. 4. Proposed Condition(s) Note: 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. Community Mixed-Use Reference the attached "Concept Plan" for site layout, proposed improvements and details. 4631 Carolina Beach Road 312520.90.8152 (CZD) B-2 (CZD) R-5 0.17 ac. +/- The Owner desires to renovate the current residential structure & add an accessory building. 9,985 s.f. (0.23 ac. +/-) Planning Board - May 5, 2022 ITEM: 4 - 7 - 3 Page 3 of 6 Conditional Zoning District Application – Updated 12-2020 5. 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 Traffic 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: 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of 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 Zoning district meets the following criteria. 1.How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. 210 / Single-family Home Based on 1 Dwelling Unit 1 1 The policies for growth and development encourage continued efforts to provide safe & affordable housing to all citizens. The parcel is extremely small and unusable for anything other than a residence without adding additonal land to it. Although it fronts on a the busy Carolina Beach Road commercial corridor, as a residence it is located conveniently to a welath of business activities and services, Sustainability of the County depends on sensible in-fill and maximizing land use. Planning Board - May 5, 2022 ITEM: 4 - 7 - 4 Page 4 of 6 Conditional Zoning District Application – Updated 12-2020 2.How would the requested Conditional Zoning district be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. 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 tract is identified in the Comprehensive Land Use Plan as a "Community Mixed-Use" place-type. The plan suggests that smaller housing lots are acceptable uses, and an acceptable transition along the busy road corridor. The subject property was approved as a conditional zoning district based on it being combined with an adjacent tract of land. That development proposal unfortunately fell through. The current restriction on use is for the property to be used solely for parking. Rezoning this lot back to a residential district, so that the existing house can be renovated, will allow reasonable use of the property, and promotes the County's efforts for adaptive reuse of structures. Planning Board - May 5, 2022 ITEM: 4 - 7 - 5 Page 5 of 6 Conditional Zoning District Application – Updated 12-2020 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 determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial This application form, completed and signed Application fee: x $600 for 5 acres or less x $700 for more than 5 acres x $300 in addition to base fee for applications requiring TRC review Community meeting written summary Traffic impact analysis (if applicable) Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads x Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. x Proposed transportation and parking improvements; including proposed rights-of-way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. x All existing and proposed easements, required setbacks, rights-of-way, and buffers. x The location of Special Flood Hazard Areas. x A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. x Approximate location and type of stormwater management facilities intended to serve the site. x Approximate location of regulated wetlands. x Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. One (1) digital PDF copy of ALL documents AND plans CW CW CW CW CW CW CW N/A Planning Board - May 5, 2022 ITEM: 4 - 7 - 6 Planning Board - May 5, 2022 ITEM: 4 - 7 - 7 Legal Description for Conditional Zoning District Petition At 4631 Carolina Beach Road Beginning at a point in the northeastern boundary of Carolina Beach Road (U.S. Hwy. 421), a 160’ public right‐of‐way; said point being located approximately 385.39 feet, southeastwardly along the right‐of‐way from its intersection with the southeastern boundary of St. Andrews Drive, a 100’ public right‐of‐way; and running thence from said point of beginning: North 50031’08” East, 199.95 feet to a point; thence South 39040’40” East, 49.84 feet to a point; thence South 50028’22” West, 200.09 feet to a point in the northeastern boundary of Carolina Beach Road; thence with that right‐of‐way, North 39030’56” West, 50.00 feet to the point and place of beginning, containing 9,985 square feet, or 0.23 acres, more or less. Planning Board - May 5, 2022 ITEM: 4 - 7 - 8 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: 4631 Carolina Beach Road Proposed Zoning: (CZD) B-2 to (CZD) R-5 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 March 18, 2022 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Thursday, March 31, 2022 6:00 p.m.; at the offices of Design Solutions, 107 Stokley Drive, Unit 104. The persons in attendance at the meeting were: Reference attached sign-in list The following issues were discussed at the meeting: No one attended. As a result of the meeting, the following changes were made to the petition: None Date: March 31, 2022 Applicant: Design Solutions By: Cindee Wolf Planning Board - May 5, 2022 ITEM: 4 - 7 - 9 Community Information Meeting Kunselman Residence / 4631 Carolina Beach Rd Date: March 31, 2022 Name Address Email (Optional) Cindee Wolf Project Planner cwolf@lobodemar.biz Planning Board - May 5, 2022 ITEM: 4 - 7 - 10 Planning Board - May 5, 2022 ITEM: 4 - 7 - 11 ADJACENT PROPERTY OWNERS WITHIN 500' OF 4631 CAROLINA BEACH ROAD: OWNER MAILING ADDRESS CITY / STATE / ZIP PROPERTY LOCATION 4624 CAROLINA BEACH RD COA 123 CRAWFORD RD HILLSBOROUGH, NC 27278 5 SILVA TERRA DR WILMINGTON ABA SELF STORAGE LLC 6635 GORDON RD WILMINGTON, NC 28411 4631 CAROLINA BEACH RD WILMINGTON GARCIA SALVADOR O ETAL 6 SILVA TERRA DR WILMINGTON, NC 28412 6 SILVA TERRA DR WILMINGTON JUST FOR BUYERS INVESTMENTS LLC 5 SILVA TERRA DR SUITE 140 WILMINGTON, NC 28412 5 SILVA TERRA DR WILMINGTON JUST FOR BUYERS INVESTMENTS LLC 5 SILVA TERRA DR SUITE 140 WILMINGTON, NC 28412 4624 CAROLINA BEACH RD WILMINGTON LOPEZ GRAJALES ANTONIO ETAL 9 SILVA TERRA DR WILMINGTON, NC 28412 9 SILVA TERRA DR WILMINGTON NOELLE HOLDINGS LLC 5231 MASONBORO HARBOR DR WILMINGTON, NC 28409 4624 CAROLINA BEACH RD WILMINGTON NOELLE HOLDINGS LLC ETAL 5231 MASONBORO HARBOUR DR WILMINGTON, NC 28409 2 SILVA TERRA DR WILMINGTON SCHAFFER MILTON T III 1833 LIVE OAK PKWY S WILMINGTON, NC 28403 4629 CAROLINA BEACH RD WILMINGTON SMITH HILDA STANLEY HEIRS 1310 ROBINHOOD RD WILMINGTON, NC 28401 4620 CAROLINA BEACH RD WILMINGTON T2 PROPERTY MANAGEMENT CO LLC 369 CARRIE ST S COATS, NC 27521 4624 CAROLINA BEACH RD WILMINGTON T2 PROPERTY MGMT CO LLC 369 CARRIE ST S COATS, NC 27521 4624 CAROLINA BEACH RD WILMINGTON TRIANGLE BELLE MEADE LLC 165 YORK ST S GASTONIA, NC 28053 1109 MATTEO DR WILMINGTON WILMINGTON LODGE #343 LOYAL 4610 CAROLINA BEACH RD WILMINGTON, NC 28412 4616 CAROLINA BEACH RD WILMINGTON WILMINGTON LODGE #343 LOYAL 4610 CAROLINA BEACH RD WILMINGTON, NC 28412 4610 CAROLINA BEACH RD WILMINGTON Planning Board - May 5, 2022 ITEM: 4 - 7 - 12 March 18, 2022 To: Adjacent Property Owners From: Cindee Wolf Re: 4631 Carolina Beach Road The Owner of the lot at 4631 Carolina Beach Road would like to renovate the existing old home and expand it with a large garage. The land is currently zoned for business use only, and a residence is not permitted. We require a Conditional Zoning District Modification approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards & conditions pertaining to each individual development project. Essentially, this means that only the use, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Thursday, March 31st, 6:00 p.m., at the office of Design Solutions, 107 Stokley Drive, Unit 104, Wilmington, 28403. If you cannot attend, you are welcome to contact me at telephone # 910‐620‐2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Planning Board - May 5, 2022 ITEM: 4 - 7 - 13 Planning Board - May 5, 2022 ITEM: 4 - 7 - 14 Concept Plan Planning Board - May 5, 2022 ITEM: 4 - 8 - 1 Planning Board - May 5, 2022 ITEM: 4 - 9 - 1 N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D R EQ U E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 5/5/2022 Regular D E PA R T M E N T: Planning P R E S E N T E R(S ): J ulian Griffee, C urrent Planner C O N TA C T (S ): J ulian Griffee; Rebekah Roth, P lanning & L a nd U se D irecto r S U B J EC T: P ublic Hearing Rezoning Request (Z 22-15) - Requ est submi3ed by C indee Wolf with Design S olu9ons, applic ant, on behalf of O c eanside P roperty M anag ement, L LC , property owner, to rezone approximately 0.55 acres of land located at 49 L ennon Driv e from R-15, Residen9al to R-5, Residen9al. B R I E F S U M M A RY: T he applicant is propo sing to rezone appro ximately 0.55 acres from R -15, Residen*al to R -5, Residen*al Mo derate- High D ensity. B ecause this is a straight rezoning, a conceptual plan is no t inc luded within the applica*o n. T he subject site would be required to meet all the U nified Development O rdinanc e (U D O ) requirements f o r development within the R -5 district. T he R -15 distric t in this a rea was established in 1971. At the *me, the purpose of the R -15 district was to ensure that ho using served by private sep*c and wells would be develo ped at low densi*es. Since tha t *me, water and sewer services have become available to the surrounding area allowing a gradual shi: from the origina l R -15 zoning to more commercial districts and uses, a s well as residen*al developments of higher density. T he purpo se of the R -5, Residen*al District is to provide lands that a c c o mmo da te moderate to high density single-f amily detached and single- family a;ached development. C urrently, the subject site contains one single-family dwelling which is es*mated to generate abo ut 1 peak A M trip and 1 peak P M trip. I f develo ped with the c o nven*onal standards of the propo sed zoning district, a ma ximum o f six residen*al units co uld be constructed in the f o rm o f 3 duplex structures, es*mated to generate 3 trips during the AM peak hour and 3 trips during the P M peak ho ur. I f developed with the perf o rmance standards o f the propo sed zoning district, a maximum o f 4 residen*al units could be constructed at 8 du/acre, which is es*mated to generate 4 A M peak hour trips and 5 P M peak hour trips. B ased o n the current general student genera*on ra te, the inc rea se in ho mes wo uld result in appro ximately 1 addi*o nal student than the number of students who are es*mated to be a lrea dy generated under the exis*ng development. T he C o mprehensive Plan c lassifies the pro perty as General Residen*al, which promotes development o f lo wer density residen*al developments. T he site is located within a dense and develo ped por*on o f the C o unty, surrounded alo ngside another R -15 zoned parcel by a variety of denser and mo re intense uses that are located within the C ity o f W ilmington. T he subject site is lo cated between exis*ng commercial and ins*tu*o nal services, and a variety o f residen*al uses. I n addi*on to being generally in line with the goals in the C o unty ’s C o mprehensive Plan, the C ity of W ilmington’s Planning Board - May 5, 2022 ITEM: 5 C o mprehensive Plan designated the area between N ew C entre Drive and N C o llege Road as a Higher I ntensity Area o f O ppo rtunity. T his designa*on represents those parts o f the city that have the greatest po ten*al to accommodate future gro wth, infill, and new development. Furthermore, the area is also iden*fi ed as a Mixed-use C enter where higher-density develo pment pa;erns close to transit centers a re a ppro priate. S T R AT EGI C P L A N A L I G N M E N T: I ntelligent Growth & Eco nomic DevelopmentE nc o ura ge develo pment of complete co mmuni*es in the uninco rporated countyE nsure N H C has appropriate housing to support business gro wth R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : B ecause of the level of develo pment within this po r*o n of the C ounty, the consistency with the C ity of W ilmington’s C o mprehensive Plan, the types of development recommended within the General Residen*al pla c e type, and ho w a residen*al develo pment po ssible within the pro posed zoning district could serve as an appropriate transi*on between the adjacent land uses, staff recommends approv al of this a pplica*on and suggests the f o llo wing mo *o n: I mo ve to recommend A P P R OV A L of the proposed rezo ning. I fi nd it to be C O N S I S T E N T with the purposes and intent of the C o mprehensive Plan because the distric t is more in line with the densi*es and uses reco mmended f o r General Residen*al areas than the exis*ng zoning and the poten*al develo pment pa;erns and density are consistent with the surrounding neighborho o ds. I also find A P P R OVA L of the rezo ning request is reaso nable and in the public interest because the proposal wo uld benefi t the co mmunity by providing diverse ho using o p*ons, is an appro priate applica*on of infill development due to its pro ximity to major roadways, a transit hub, commercial services, and o ther exis*ng mul*-f amily developments and zoning. A lterna9 ve M o9on for Denial I mo ve to reco mmend D E N I A L of the propo sed rezoning. W hile I find it to be C O N S I S T E N T with the purposes and intent of the C omprehensive Plan beca use the district is more in line with the densi*es and uses reco mmended for General Residen*al areas than the exis*ng zoning, I fi nd D E N I A L of the rezoning request is reasonable and in the public interest beca use of the uncertainty of nega*ve impacts that a development allowed by-right within the R -5 zoning district co uld have on the adjacent land uses and infrastructure. AT TA C H M E N T S : Descrip*on Z22-15 PB Script Z22-15 PB Staff Report Z22-15 Zoning Z22-15 FLUM Z22-15 Mailout Z22-15 Initial Application Cover Sheet Z22-15 49 Lennon Drive Rezone Submittal Documents C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) Planning Board - May 5, 2022 ITEM: 5 Planning Board - May 5, 2022 ITEM: 5 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z22-15) Request by Cindee Wolf, applicant, on behalf of the property owner, Oceanside Property Management, LLC, to rezone approximately 0.55 acres of land located at 49 Lennon Drive from R-15, Residential, to R-5, Residential Moderate-High Density. 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 an 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. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. 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. Example Motion for Approval I move to recommend APPROVAL of the proposed rezoning to an R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for General Residential areas than the existing zoning and the potential development patterns and density are consistent with the surrounding neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options, is an appropriate application of infill development due to its proximity to major roadways, a transit hub, commercial services, and other existing multi-family developments and zoning. Example Motion for Denial I move to recommend DENIAL of the proposed rezoning to an R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for General Residential areas than the existing zoning, I find DENIAL of the rezoning request is reasonable and in the public interest because of the uncertainty of negative impacts that a development allowed by-right within the R-5 zoning district could have on the adjacent land uses and infrastructure. Planning Board - May 5, 2022 ITEM: 5 - 1 - 1 Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to an 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 RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - May 5, 2022 ITEM: 5 - 1 - 2 Z22-15 Staff Report PB 5.5.2022 Page 1 of 16 STAFF REPORT FOR Z22-15 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z22-15 Request: Rezoning to an R-5 district Applicant: Property Owner(s): Cindee Wolf Oceanside Property Management, L.L.C. Location: Acreage: 49 Lennon Drive 0.55 PID(s): Comp Plan Place Type: R04912-001-005-000 General Residential Existing Land Use: Proposed Land Use: Single-family Dwelling The property would be allowed to be developed in accordance with the R-5 district Current Zoning: Proposed Zoning: R-15, Residential R-5, Residential Moderate-High Density SURROUNDING AREA LAND USE ZONING North Single-family Dwelling R-15 East Post Office O & I (City of Wilmington) South Multi-Family Residential MD-17 (City of Wilmington) West Undeveloped MD-17 (City of Wilmington) Planning Board - May 5, 2022 ITEM: 5 - 2 - 1 Z22-15 Staff Report PB 5.5.2022 Page 2 of 16 ZONING HISTORY July 1, 1971 Initially zoned R-15 COMMUNITY SERVICES Water/Sewer CFPUA water and sewer are available Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Murrayville Station Schools College Park Elementary, Noble Middle, New Hanover High Schools Recreation Kings Grant Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Planning Board - May 5, 2022 ITEM: 5 - 2 - 2 Z22-15 Staff Report PB 5.5.2022 Page 3 of 16 APPLICANT’S PROPOSAL • The applicant is proposing to rezone approximately 0.55 acres from R-15, Residential to R-5, Residential Moderate-High Density. • According to the applicant, the proposed zoning will allow for the provision of housing for future development in a land use pattern that is generally more consistent with the 2016 Comprehensive Land Use Plan. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, water and sewer services have become available to the surrounding area. • Since its original zoning designation in 1971, this portion of the county has experienced a gradual shift from the original R-15 zoning to more commercial districts and uses, as well as residential developments of higher density. This is a trend that is expected to continue. • The R-5 district was established to accommodate lands for moderate to high density residential development on smaller lots with compact and walkable development patterns. The district also serves as a transition between nonresidential development and low to moderate density residential development. • Currently, the subject site contains one single-family dwelling. • The maximum density of the parcel under the current zoning is one-single family dwelling, whether developed conventionally or through a performance development. • If developed with conventional standards of the proposed R-5 district, the parcel could accommodate a maximum development of three duplexes equating to six residential units. If developed as a performance development, the maximum density possible is four dwelling units, at 8 du/acre. • If approved, development on the parcel would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Planning Board - May 5, 2022 ITEM: 5 - 2 - 3 Z22-15 Staff Report PB 5.5.2022 Page 4 of 16 AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - May 5, 2022 ITEM: 5 - 2 - 4 Z22-15 Staff Report PB 5.5.2022 Page 5 of 16 TRANSPORTATION • Currently, access is provided to the subject property by a driveway connected to Lennon Drive, which is classified by NCDOT as a local road. • As currently developed, it is estimated the site generates about 1 peak AM trip and 1 peak PM trip. • If developed with the conventional standards of the proposed zoning district, a maximum of six residential units could be constructed in the form of 3 duplex structures. This would be estimated to generate 3 trips during the AM peak hour and 3 trips during the PM peak hour. • If developed with the performance standards of the proposed zoning district, a maximum of 4 residential units could be constructed at 8 du/acre, which is estimated to generate 4 AM peak hour trips and 5 PM peak hour trips. Planning Board - May 5, 2022 ITEM: 5 - 2 - 5 Z22-15 Staff Report PB 5.5.2022 Page 6 of 16 • Traffic Impact Analyses are not required for a straight rezoning, as a specific development proposal is required to thoroughly analyze access, potential trip generation, and roadway improvements. • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway 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. However, the available volume to capacity data indicates capacity currently exists in this area. WMPO Annual Daily Traffic (ADT) – 12/31/2018 Road Location Volume Capacity V/C Lennon Drive North of Market Street 7,634 10,979 .695 • The LOS of this portion of Lennon Drive is rated as ‘B’. Intensity Approx. Peak Hour Trips Existing Development: 1 Single-Family Dwelling 1 AM / 1 PM Typical Development under Proposed Zoning: 4 Single-Family Dwellings 4 AM / 5 PM Maximum Development under Proposed Zoning: 3 Duplex Structures (6 Dwelling Units) 3 AM / 3 PM Planning Board - May 5, 2022 ITEM: 5 - 2 - 6 Z22-15 Staff Report PB 5.5.2022 Page 7 of 16 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-3338B o Project encompasses creating an interchange at the intersection of N. Kerr Avenue and US 74 (MLK, Jr. Parkway). o Right-of-Way is in progress; Construction is scheduled after 2029. • STIP Project U-4902B o Project encompasses access management improvements on US 17 Business between CSX Railroad to Cinema Drive and Jacksonville Street to north of US 117/NC 132 (College Road). o Right-of-Way is in progress. Planning Board - May 5, 2022 ITEM: 5 - 2 - 7 Z22-15 Staff Report PB 5.5.2022 Page 8 of 16 • STIP Project U-4902C o Project encompasses access management improvements on US 17 Business from US 117/NC 132 (College Road) to Station Road. o Right-of-Way is in progress. • STIP Project U-5702A o Project to improve access management and travel times. Planning and design is currently in progress. • STIP Project U-5881 o Project encompasses upgrading NC 132 (College Road) from Gordon Road to New Center Drive. o Project includes converting at-grade intersection of College Road and MLK, Jr. Parkway to interchange. o Project scheduled for after FY 2029. ENVIRONMENTAL • The property is not within a Natural Heritage Area. The property is not located within a Special Flood Hazard Area. • The property is within the Smith Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation); however, the property is currently connected to water and sewer provided by CFPUA OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to College Park Elementary School, Noble Middle School, and New Hanover High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • 1 Single-family dwelling unit is currently located on the property and 3 duplex units could potentially be developed under the proposed zoning for an increase of 5 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 1 additional student than the number of students who are estimated to be already generated under the existing development. Planning Board - May 5, 2022 ITEM: 5 - 2 - 8 Z22-15 Staff Report PB 5.5.2022 Page 9 of 16 • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development 1 Residential Unit Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Maximum Density under Proposed Zoning 3 Duplexes (6 Residential Units) Approximate** Total: 1 (1 elementary, 0 middle, 0 high) *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2021-2022 School Year) *Enrollment is based on the New Hanover County Schools enrollment projections for the 2021 -2022 school year. **Capacity calculations were determined based on the projected capacities for the 2021 -2022 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. Level Total NHC Capacity School Projected Enrollment of Assignment School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 95% College Park 477 492 97% None Middle 108% Noble 717 664 108% None High 100% New Hanover 1584 1648 96% None Planning Board - May 5, 2022 ITEM: 5 - 2 - 9 Z22-15 Staff Report PB 5.5.2022 Page 10 of 16 Existing Development Current Conditions: Looking south Looking west Looking west Looking north Planning Board - May 5, 2022 ITEM: 5 - 2 - 10 Z22-15 Staff Report PB 5.5.2022 Page 11 of 16 Representative Developments Representative Developments of R-15: Clay Crossing Page’s Corner Planning Board - May 5, 2022 ITEM: 5 - 2 - 11 Z22-15 Staff Report PB 5.5.2022 Page 12 of 16 Representative Developments of R-5: Wrightsville Place Leeward Village Planning Board - May 5, 2022 ITEM: 5 - 2 - 12 Z22-15 Staff Report PB 5.5.2022 Page 13 of 16 Context and Compatibility • The property is located within the central portion of the County and accessed by Lennon Drive. • While the area was zoned for lower density residential development in the early 1970s and 2016 Comprehensive Plan recommends a general residential development pattern, the subject site is surrounded on three sides by the City of Wilmington. The adjacent land uses, governed by the City of Wilmington, include office and institutional, a multi-family development, and densities of R-5 levels. This proposal is also generally consistent with the City of Wilmington’s Comprehensive Plan. • Given the surrounding development and zoning districts governed by the City of Wilmington, the site is less likely to be appropriate for low density, single-family development than when the R-15 zoning was originally applied. • Staff with the City of Wilmington find the request to be generally consistent with the City’s Comprehensive Plan and with the surrounding area. Planning Board - May 5, 2022 ITEM: 5 - 2 - 13 Z22-15 Staff Report PB 5.5.2022 Page 14 of 16 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. 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 General Residential Place Type Description Focuses on small-scale, lower density housing, associated civic and limited commercial services development that enhances neighborhood character. Types of appropriate uses include single-family residential, low-density multi-family residential, light commercial, civic, and recreational projects. Planning Board - May 5, 2022 ITEM: 5 - 2 - 14 Z22-15 Staff Report PB 5.5.2022 Page 15 of 16 Analysis The Comprehensive Plan classifies the property as General Residential, which promotes lower density residential developments. The site is located within a dense and developed portion of the County, surrounded alongside another R-15 zoned parcel by a variety of more dense and more intense uses that are located within the City of Wilmington. The subject site is located between existing civic services, and a variety of residential uses. As there are single-family dwellings to the north of the subject site and multi- family residences to the south, the proposal would provide a transition between these residential developments. In addition, the project supports the Comprehensive Plan’s goal to provide for a range of housing types and opportunities for households of different sizes and income levels as well as a mix of uses located on adjacent or nearby parcels. The proposal is also in line with the preferred density range for the General Residential place type, which envisions residential development in the range of 1-3 stories at a low to moderate density. If approved, the parcel could be built out to a maximum of 3 duplex residential structures, if constructed to the R-5 conventional standards. In addition to being generally in line with the goals in the County’s Comprehensive Plan, the City of Wilmington’s Comprehensive Plan designated the area between New Centre Drive and N College Road as a Higher Intensity Area of Opportunity. This designation represents those parts of the city that have the greatest potential to accommodate future growth, infill, and new development. Furthermore, the area is also identified as a Mixed-use Center where higher-density development patterns close to transit centers are appropriate. Consistency Recommendation The proposed R-5 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in line with the densities recommended for General Residential areas than the existing zoning. Additionally, the densities and range of housing types allowed in the proposed zoning district would support existing and future community-level nodes. Planning Board - May 5, 2022 ITEM: 5 - 2 - 15 Z22-15 Staff Report PB 5.5.2022 Page 16 of 16 STAFF RECOMMENDATION Because of the level of development within this portion of the County, the consistency with the City of Wilmington’s Comprehensive Plan, the types of development recommended within the General Residential place type, and how a residential development possible within the proposed zoning district could serve as an appropriate transition between the adjacent land uses, staff recommends approval of this application and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for General Residential areas than the existing zoning and the potential development patterns and density are consistent with the surrounding neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options, is an appropriate application of infill development due to its proximity to major roadways, a transit hub, commercial services, and other existing multi-family developments and zoning. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for General Residential areas than the existing zoning, I find DENIAL of the rezoning request is reasonable and in the public interest because of the uncertainty of negative impacts that a development allowed by-right within the R-5 zoning district could have on the adjacent land uses and infrastructure. Planning Board - May 5, 2022 ITEM: 5 - 2 - 16 Hunt e r s T r l R i n g o D r Ringo Dr R i n g o D r L e n n o n D r R-15 CITY New Hanover County, NCSHODIncorporated Areas Indicates Conditional Zoning District (CZD) See Section 5.7 of the UDOCOD B-1 AC R-5 EDZD CB I-1 R-7 PD B-2 I-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ O&I R-20S Zoning Districts R-5R-1549 Lennon DriveZ22-15 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 17085 Feet CASE SITE Planning Board - May 5, 2022 ITEM: 5 - 3 - 1 HuntersTrl L e n n o n D r Ringo Dr General Residential CITY OF WILMINGTON New Hanover County, NCCONSERVATION RURAL RESIDENTIAL COMMUNITY MIXED USE URBAN MIXED USE GENERAL RESIDENTIAL EMPLOYMENT CENTER COMMERCE ZONE Place Types R-5R-1549 Lennon DriveZ22-15 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 200100 Feet SITE Planning Board - May 5, 2022 ITEM: 5 - 4 - 1 H u n t e r s T r l Ald e r w o o d A v Un d e r w o o d A v NewCentre D r Colum b D r L e n n o n D r R i n g o D r Azalea Lan d i n g D r C a n d o S t Co l l e g e R d G i n g e r w o o d D r 5014 405 408401402 5210 407 409 404 321 5220 318 314 422 320 36 32 403 5213 51 5222 49 5211 5205 5208 5204 5214 5318 5258 5212 5206 5221 5219 5202 5203 411 406 420 New Hanover County, NCNeighboring Parcels R-5R-1549 Lennon DriveZ22-15 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 500250 Feet SITE Planning Board - May 5, 2022 ITEM: 5 - 5 - 1 Initial Application Documents & Materials Planning Board - May 5, 2022 ITEM: 5 - 6 - 1 Planning Board - May 5, 2022 ITEM: 5 - 7 - 1 Page 1 of 5 Zoning Map Amendment Application – Updated 12-2020 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com ZONING MAP AMENDMENT APPLICATION This application form must be completed as part of a zoning map amendment application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.2 of the Unified Development Ordinance. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Public Hearing Procedures (Optional) Pre-Application Conference (Optional) Community Information Meeting 1 Application Submittal & Acceptance 2 Planning Director Review & Staff Report 3 Public Hearing Scheduling & Notification 4 Planning Board Hearing & Recom- mendation 5 Board of Commissioners Hearing & Decision 6 Post-Decision Limitations and Actions Cindee Wolf Oceanside Property Management, L.L.C. Design Solutions P.O. Box 7221 7920 Champlain Drive Wilmington, NC 28406 Wilmington NC 28412 910-620-2374 910-515-2315 cwolf@lobodemar.biz adam.hashem7@gmail.com Planning Board - May 5, 2022 ITEM: 5 - 7 - 2 Page 2 of 5 Zoning Map Amendment Application – Updated 12-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning District(s) Future Land Use Classification 3. Zoning Map Amendment Considerations Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify the land that is subject of the application to the requested zoning district classification(s) and subjects it to the development regulations applicable to the district(s). The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Map amendment meets the following criteria. (attach additional pages if necessary) 1. How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? 2.How would the requested zoning change be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map? 49 Lennon Drive 313816.93.4726 / R04912-001-005-000 0.55 ac. (24,000 s.f.)R-5 General Residential Policies for growth & development encourage safe and affordable housing to be available to every citizen. Aging, empty-nester, and single-person households will dominate America's future housing markets. It seems unlikely that thier housing preferences will conform to the large-lot zoning template that has dominated our suburbs for several generations. Rezoning the subject parcel to R-5 will allow additional residences to be constructed, providing for the well-established housing deficit in our community. Although this parcel, and the one adjacent to it, are governed by New Hanover County, they are an island within the City of Wilmington municipal limits. The Comp Plan classifies them as being within the "general residential" place-type. That designation is intended for opportunities to provide housing to the community, with higher densities being acceptable. Rezoning would be consistent with the concept of sensible in-fill where public services are already available. R-15 / Residential Planning Board - May 5, 2022 ITEM: 5 - 7 - 3 Page 3 of 5 Zoning Map Amendment Application – Updated 12-2020 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? 4.How will this zoning change serve the public interest? The surrounding City zoning includes multi-family housing, the post office, and an R-5 neigborhood. Traffic past this property has increased exponentially with the development of the multi-family complexes along Hunters Trail. The lot has become less appropriate for a single-family home. The housing shortage in our area has been well-documented recently. Rezoning the subject parcel would allow it to be subdivided into additional lots, and aid in providing for increased housing. In-fill on an under-utilized tract of land fosters a prosperous & thriving community. Location-efficient housing should be promoted. This location offers a multitude of shopping and eating establishments within walking distance, and is near the WAVE bus depot with easy access to points throughout the community. Planning Board - May 5, 2022 ITEM: 5 - 7 - 4 Page 4 of 5 Zoning Map Amendment Application – Updated 12-2020 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”. Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial This application form, completed and signed Application fee: x $500 for 5 acres or less x $600 for more than 5 acres Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning One (1) hard copy of ALL documents Acknowledgment and Signatures Form (if applicable) One (1) digital PDF copy of ALL documents AND plans CAW CAW CAW CAW CAW CAW Planning Board - May 5, 2022 ITEM: 5 - 7 - 5 Planning Board - May 5, 2022 ITEM: 5 - 7 - 6 Planning Board - May 5, 2022 ITEM: 5 - 7 - 7 Legal Description for Rezoning of 49 Lennon Drive Beginning at a point in the western boundary of Lennon Drive, a 60’ public right‐of‐way; said point being located North 09057’ West, 230.00 feet, and thence South 80003’ West, 30.00 feet from the intersection of the Lennon Drive centerline with the centerline of Ringo Drive, a 60’ public right‐of‐way; and running thence from the point of beginning: South 80003’00” West, 240.00 feet to a point; thence North 09057’00” West, 100.00 feet to a point; thence North 80003’00” East, 240.00 feet to a point in the western boundary of Lennon Drive; thence with that right‐of‐way, South 09057’00” East, 100.00 feet to the point and place of beginning, containing 24,000 square feet, or 0.55 acres, more or less. Planning Board - May 5, 2022 ITEM: 5 - 7 - 8 Planning Board - May 5, 2022 ITEM: 5 - 7 - 9