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12-1-2022 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 Donna Girardot, Chair | Jeffrey B. Petroff, Vice-Chair Colin J. Tarrant | Hansen Matthews | Clark Hipp | Walter “Pete” Avery | Kevin Hine Rebekah Roth, Director| Ken Vafier, Planning Manager DECEMBER 1, 2022, 5:00 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 Request by Cindee Wolf with Design Solutions, applicant, on behalf of Giovanni Ippolito and Tanya Vlacancich, property owners, to rezone approximately 4.65 acres of land located at 6634 Carolina Beach Road from R-15, Residential to (CZD) RMF-M, Residential Multi-Family – Moderate Density for a multi-family development. 2 Public Hearing Request by Paramounte Engineering, applicant, on behalf of the Cornelius E Nixon Revocable Trust, Cornelius Nixon Trust, and Nixon Associates, LLC, property owners, to rezone four parcels totaling approximately 9.75 acres of land located at 7011 Ruth Avenue from B-2, Regional Business and R-15, Residential to (CZD) RMF-M, Residential Multi-Family – Moderate Density for a multi-family development. 3 Public Hearing Request by Samuel Franck with Ward and Smith, P.A., applicant, on behalf of Wilmington Development Group, Inc, property owner, to rezone approximately 7.63 acres of land located at 147 Brentwood Drive from R-15, Residential to (CZD) R-5, Residential for a quadraplex and triplex residential development. 4 Public Hearing Rezoning Request (Z18-02M) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Bailey & Fuller Properties, LLC, property owner, to modify the CZD zoning of two parcels totaling approximately 3.44 acres of land located at 7887 Market Street from (CZD) B-2, Regional Business and O&I, Office and Institutional to (CZD) B-2, Regional Business 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 : 12/1/2022 Regular D E PA R T M E N T: Planning P R E S E N T E R (S ): Robert Farrell, Senio r Planner C O N TA C T (S ): Robert Farrell; Rebekah Ro th, Pla nning & L and U se D irector S U B J EC T: Request by C indee Wolf with Design S olu0ons, applic ant, on behalf of Giovanni I ppolito and Tanya V lacancich, property owners, to rezone approximately 4.65 acres of land loc ated at 6634 C arolina B eac h Road from R-15, Residen0al to (C Z D) R M F-M , Residen0al M ul0 -Fam ily – M oderate Density for a mul0 -family development. B R I E F S U M M A RY: T he applicant is pro posing to rezone approximately 4.65 a c res f ro m R -15, Residen)al to the R M F-M, Residen)al Mul)- family - Mo derate D ensity zo ning district. T he applicant is pro posing to construct a four-sto ry mul)-family develo pment consis)ng of 78 units with a maximum building height of 50 feet. T he applica nt's propo sed conceptual plan includes 100-foot setbacks from adjacent residen)al uses, o utdo o r ameni)es including as a swimming po o l and pickleball courts, and indoor and outdoor parking. T he develo pment also pro poses a right-turn lane off C aro lina B each Road and a sidewalk extending from the mul)-family develo pment to the highway. I n addi)on, the conceptual plan indicates 1.3 acres, approximately 30% o f the site, will be preserved as open space, exceeding the U nified D evelopment O rdina nce's (U D O 's) requirement o f 20% open space. T he maximum propo sed building height is 50 feet. U nder the pro posed R MF-M zo ning district, mul)-f amily dwellings are a llo wed an addi)onal height a llo wa nce up to f o ur sto ries pro vided they meet the addi)o nal 100-foot setback requirements f ro m adjacent residen)al proper)es. Mul)-f amily dwellings are required to pro vide 2 parking spaces fo r mul)-family units containing mo re than 2 bedro o ms, totaling 156 required spaces for the proposed develo pment. To o ffset the increased impervio us surf ace required by the 156 space parking requirement the propo sed develo pment includes a first-sto ry parking garage. T he site is accessed by C aro lina B ea ch Road, an N C D OT maintained U rban Principal Arterial highway. Access is right-in / right-o ut with a propo sed right-turn lane to serve the develo pment. T he right-turn lane is a voluntary addi)on to the develo pment and will be subject to N C D OT requirements a nd permiAng. T he R -15 district in this area was established in 1971. At the )me, the purpo se o f 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, public and private water and sewer services have beco me available to the surrounding a rea ; ho wever, the C arolina B each corrido r remains primarily zo ned for low density housing. W hile the site is zo ned R -15, the C aro lina B each Ro ad co rridor has seen increased interest in higher density residen)al and co mmercial development such a s the Myrtle L anding to wnhomes to the no rth and the C ora l R idge Subdivision to the so uth o f the subject site. Planning Board - December 1, 2022 ITEM: 1 As c urrently zo ned, the site wo uld be permiDed up to 12 dwelling units at a density of 2.5 du/ac under the performance develo pment standards. T he propo sed 78 units equate to an o verall density o f 17 du/a c . To meet the propo sed density the develo pment must connect to public water a nd sewer at the nea rest co nnec)on to the south at Glenarthur Drive. I t is es)mated the site wo uld generate approximately 11 A M a nd 14 P M trips during the peak ho urs if developed at the permiDed density for perf o rmanc e development in the R -15 district. T he proposed R MF-M development wo uld increase the es)mated number of peak hour trips by approxima tely 40 AM and P M trips. T he es)mated traffic generated from the site is under the 100 peak ho ur threshold that triggers the ordinance requirement for a Traffic I mpact Analysis (T I A). T he R MF-M district was established to provide lands that accommodate moderate density single and mul)-family develo pment. T he intent o f the distric t is to f unc)o n as a transi)o nal district between intensive nonresiden)al develo pment and higher density residen)al areas. T he district is designed to provide a reasonable range o f choice, type, and lo ca)on o f housing units. T he C o mprehensive Plan classifies the pro perty as C ommunity Mixed U se, a land use cla ssifi c a)on that promotes a mix of retail, o ffice, and residen)al development at mo derate densi)es up to 15 units per acre and reco mmends higher-intensity mixed use with first flo o r retail and office with housing above at a building height range of 1 to 3 sto ries. W hile staff is generally suppor)ve o f higher density used in this type o f lo ca)on, the proposed rezoning request is generally I N C O N S I S T E N T with the 2016 C o mprehensive Plan beca use the pro posed height of 4 sto ries and density o f 17 units per acre exceeds the maximum development pa Derns o f 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: 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 : I mo ve to recommend D E N I A L of the pro posed rezoning. I fi nd it to be I N C O N S I S T E N T with the purpo ses and intent of the C omprehensive Plan because the propo sed height a nd density o f the develo pment exceeds the height and density reco mmended for the C o mmunity Mixed U se place type. I also find reco mmending D E N I A L of the rezoning request is reaso na ble and in the public interest because while mul)-f amily develo pment acts as a buff er f o r lower density residen)al develo pment, and pa rking garages help reduce impervious surface limits o n pro jects, the o verall scale of the pro posed development would not be c o nsistent with an)cipated paDerns of develo pment in the C aro lina B each Road corrido r. A lterna0 ve M o0on for A pproval I move to recommend A P P R OVA L of the pro posed 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 while the propo sed height and density of the development exceeds tho se genera lly reco mmended for the C ommunity Mixed U se place type, the number of sto ries containing residen)al units does no t exceed 3 and the height is mi)gated by increased setbacks f ro m adjacent parcels. I find reco mmending A P P R OVA L of the rezoning request is reaso na ble and in the public interest because it pro vides an alterna)ve ho using type that acts as a buffer f o r lower density residen)al and f o r the mi)ga)on of addi)onal impervious surface on the site, contribu)ng to the kind o f transi)onal develo pment desired alo ng highway corrido rs. P roposed C ondi0ons: 1. E xterio r ligh)ng, including luminaries and security lights, shall be arranged o r shielded so as not to cast Planning Board - December 1, 2022 ITEM: 1 illumina)o n in an upward direc)on above an ima gina ry line extended from the light so urces parallel to the ground. Fixtures sha ll be numbered such that adequate levels o f ligh)ng are maintained, but tha t light spillage and glare are no t directed at adjacent pro perty, neighboring areas, o r motorists. L ight posts shall be no taller than twenty (20) feet. 2. T he Pickleball court amenity shown on the co ncept plan may be used f o r o ther o utdo o r recrea)onal purpo ses. T he amenity area as shown on the co ncept plan must remain an amenity f o r use by residents o f the develo pment and their guests. 3. T he maximum height of the building shall not exc eed 50 feet. 4. T he propo sed right turn lane must be approved and permiDed by N C D OT. C hanges to the c o ncept plan to meet N C D OT requirements for the turn lane may be a ppro ved administra)vely by county staff. AT TA C H M E N T S : Descrip)on Planning Board Script Staff Report Zoning Map FLUM Mailout Map Application Cover Sheet Application Materials Concept Plan Cover Sheet Concept Plan Public Comment 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 - December 1, 2022 ITEM: 1 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z22-18) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Giovanni Ippolito and Tanya Vlacancich, property owners, to rezone approximately 4.65 acres of land located at 6634 Carolina Beach Road from R-15, Residential to (CZD) RMF-M, Residential Multi-Family – Moderate Density for a multi-family development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and 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 Denial I move to recommend DENIAL of the proposed rezoning. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed height and density of the development exceeds the height and density recommended for the Community Mixed Use place type. I also find recommending DENIAL of the rezoning request is reasonable and in the public interest because while multi-family development acts as a buffer for lower density residential development, and parking garages help reduce impervious surface limits on projects, the overall scale of the proposed development would not be consistent with anticipated patterns of development in the Carolina Beach Road corridor. Planning Board - December 1, 2022 ITEM: 1 - 1 - 1 Alternative Motion for Approval 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 while the proposed height and density of the development exceeds those generally recommended for the Community Mixed Use place type, the number of stories containing residential units does not exceed 3 and the height is mitigated by increased setbacks from adjacent parcels. I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because it provides an alternative housing type that acts as a buffer for lower density residential and for the mitigation of additional impervious surface on the site, contributing to the kind of transitional development desired along highway corridors. With the following Proposed Conditions: 1. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty (20) feet. 2. The Pickleball court amenity shown on the concept plan may be used for other outdoor recreational purposes. The amenity area as shown on the concept plan must remain an amenity for use by residents of the development and their guests. 3. The maximum height of the building shall not exceed 50 feet. 4. The proposed right turn lane must be approved and permitted by NCDOT. Changes to the concept plan to meet NCDOT requirements for the turn lane may be approved administratively by county staff. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional RMF-L 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 - December 1, 2022 ITEM: 1 - 1 - 2 Z22-18 Staff Report PB 12.1.2022 Page 1 of 18 STAFF REPORT FOR Z22-18 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-18 Request: Rezoning to a Conditional RMF-M district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Giovanni Ippolito & Tanya Vlacancich Location: Acreage: 6634 Carolina Beach Road 4.65 PID(s): Comp Plan Place Type: R08200-001-036-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped 78 Unit Multi-Family Residential Current Zoning: Proposed Zoning: R-15, Residential (CZD) RMF-M SURROUNDING AREA LAND USE ZONING North Religious Institution R-15 East Single-Family Residential R-15 South Single-Family Residential R-15 West Religious Institution and Single-Family Residential R-15 Planning Board - December 1, 2022 ITEM: 1 - 2 - 1 Z22-18 Staff Report PB 12.1.2022 Page 2 of 18 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer Water and sanitary sewer services are available through CFPUA by extension of public utility mains Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station 19 Schools Ashley High School, Murray Middle School, Anderson Elementary School Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Developer delineated wetlands on the property. Historic No known historic resources Archaeological No known archaeological resources Planning Board - December 1, 2022 ITEM: 1 - 2 - 2 Z22-18 Staff Report PB 12.1.2022 Page 3 of 18 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct a four-story multi-family development consisting of 78 units. The first floor is proposed for parking with the remaining three floors for the dwelling units. • The proposed maximum height is 50 feet. • Under the proposed RMF-M zoning district, multi-family dwellings are allowed an additional height allowance up to four stories provided they meet the additional 100-foot setback requirements from adjacent residential properties. • The applicant’s proposed conceptual plan includes 100-foot setbacks from adjacent residential uses, outdoor amenities including a swimming pool and pickleball courts and indoor and outdoor parking. • The development also proposes a right turn lane off Carolina Beach Road and a sidewalk extending from the multi-family development to the highway. • In addition to required lighting standards listed in Section 5.5 of the UDO, the development has proposed the following additional condition: Proposed Right Turn Lane Pickleball Courts Multi-Family Dwelling Planning Board - December 1, 2022 ITEM: 1 - 2 - 3 Z22-18 Staff Report PB 12.1.2022 Page 4 of 18 o Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty (20) feet. • The applicant’s proposed conceptual plan indicates 1.3 acres, approximately 30% of the site, will be preserved as open space, exceeding the UDO requirement of 20% open space. 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, public and private water and sewer services have become available to the surrounding area; however, the Carolina Beach corridor remains primarily zoned for low density housing. • While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential and commercial development such as the Myrtle Landing townhomes to the north and the Coral Ridge Subdivision to the south of the subject site. • As currently zoned, the site would be permitted up to 12 dwelling units at a density of 2.5 du/ac under the performance development standards. The proposed 78 units equate to an overall density of 17 du/ac. • The RMF-M district was established to provide lands that accommodate moderate density single and multi-family development. The intent of the district is to function as a transitional district between intensive nonresidential development and higher density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units. • The RMF-M district allows a maximum building height of 4 stories provided it meets the standards of Section 3.1.3.C which requires 100-foot buffers from adjacent residential uses. • The Unified Development Ordinance (UDO) does not prescribe a specific height per story, however the maximum height of the proposed development is 50 feet. • Multi-family dwellings are required to provide 2 parking spaces for multi-family units containing more than 2 bedrooms, totaling 156 required spaces for the proposed development. • The proposed development includes a first-story parking garage to offset the increased impervious surface required by the 156 parking space requirement. • The UDO contains controls on exterior lighting on the site. The maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5- foot candles and 1.0-foot candles at the northern property line adjacent to the religious institution. The height of exterior light fixtures shall not exceed 25 feet and all exterior luminaries shall be full cut-off fixtures that are directed downward. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Planning Board - December 1, 2022 ITEM: 1 - 2 - 4 Z22-18 Staff Report PB 12.1.2022 Page 5 of 18 • A Type-A opaque buffer meeting the standards of Table 5.4.3.B.2 is required along the western property line adjoining single-family development. • To meet the proposed density the development must connect to public water and sewer at the nearest connection to the south at Glenarthur Drive. • 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 - December 1, 2022 ITEM: 1 - 2 - 5 Z22-18 Staff Report PB 12.1.2022 Page 6 of 18 AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - December 1, 2022 ITEM: 1 - 2 - 6 Z22-18 Staff Report PB 12.1.2022 Page 7 of 18 TRANSPORTATION • Access is proposed to be provided to the subject property from Carolina Beach Road, a NCDOT-maintained Urban Principal Arterial highway. • Access is right-in/right-out on Carolina Beach Road with a proposed right-turn lane to serve the development. • The right-turn lane is a voluntary addition to the development and will be subject to NCDOT requirements and permitting. • While the property is approximately 4,000 feet south of a commercial center, the requirement to travel south to a U-turn before moving north increases the travel distance to nearby amenities to over a mile. • As currently zoned, it is estimated the site would generate about 11 AM and 14 PM trips during the peak hours if developed at the permitted density for performance development. Planning Board - December 1, 2022 ITEM: 1 - 2 - 7 Z22-18 Staff Report PB 12.1.2022 Page 8 of 18 The proposed RMF-M development would increase the estimated number of peak hour trips by approximately 40 AM and PM trips. • 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 there is not a TIA associated with this project, the proposed right-turn lane will need to be reviewed and approved by NCDOT prior to TRC approval. • 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. NCDOT Average Annual Daily Traffic (AADT) - 2021 Road Location Volume Capacity V/C Carolina Beach Road Carolina Beach Road north of Myrtle Grove Road 35,767 41,368 0.86 • The Wilmington Metropolitan Planning Organization (WMPO) collected traffic counts for the area of Carolina Beach Road north of Myrtle Grove Road in April 2021. The Level of Service (LOS) is rated D. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: 12 Single-Family Dwellings – Performance Development 11 AM / 14 PM Proposed Development: 78-unit multi-family development 47 AM / 54 PM Planning Board - December 1, 2022 ITEM: 1 - 2 - 8 Z22-18 Staff Report PB 12.1.2022 Page 9 of 18 Nearby Planned Transportation Improvements and Traffic Impact Analyses Planning Board - December 1, 2022 ITEM: 1 - 2 - 9 Z22-18 Staff Report PB 12.1.2022 Page 10 of 18 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. River Oaks • 108 Single-family detached housing units • TIA approved July 24, 2020 • 2021 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The TIS recommended no improvements at any of the intersections. Nearby Proposed Developments included within the TIA: • None Development Status: Development and improvements are currently under construction. ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Lords Creek and Drains to ICW6 watersheds. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable), Class II (Moderate Limitation), and Class III (Severe Limitation) soils; however, the project is expected to be served by CFPUA if developed. • The proposed concept plan has identified wetlands on the southwestern portion of the site. The identified wetlands are outside the development area of the project and the applicant has provided a 25-foot setback from the wetlands. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School, and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 12 dwelling units would be permitted under the current R-15 zoning base density, and 78 units could potentially be developed under the proposed zoning for an increase of 66 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 14 additional students than would be generated under current zoning. • 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. Planning Board - December 1, 2022 ITEM: 1 - 2 - 10 Z22-18 Staff Report PB 12.1.2022 Page 11 of 18 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 Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 12 residential units Approximate** Total: 3 (1 elementary, 1 middle, 1 high) Proposed Zoning 78 residential units Approximate** Total: 17 (7 elementary, 4 middle, 5 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2022-2023 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 0.07 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 t han 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Since the residential components associated with the proposed rezoning are likely to have a build-out date within 5 years per the Traffic Impact Analysis, staff has outlined existing school capacity to provide a general idea of the potential impact on public schools. • 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** (2022-2023 School Year) *Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year. **Capacity calculations were determined based on the capacities for the 2022-2023 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. 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% Snipes 420 502 84% None Middle 108% Williston 841 688 122% None High 93% New Hanover 1584 1648 96% None Planning Board - December 1, 2022 ITEM: 1 - 2 - 11 Z22-18 Staff Report PB 12.1.2022 Page 12 of 18 • 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. New Hanover County Strategic Plan • One of the goals of the New Hanover County Strategic Plan for 2018 – 2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed RMF-M CZD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached at 72%. Under the proposed RMF-M district the site would allow for multi-family residential (apartments) and increase housing type diversity by reducing the percentage of single family detached (72% to 71%) and increase the percentage of multi-family units (10% to 11%). • The subject property is located in the Veterans Park community area, where 61% of residents currently live within one mile of a convenience (grocery store, retail staples, pharmacies, etc.), a support service (urgent care, primary doctor’s office, child & adult care, etc.), and a community facility (public park, school, museum, etc.). The proposed RMF-M district would increase the number of residences within one mile of goods and services (60.7% to 61.3%). Planning Board - December 1, 2022 ITEM: 1 - 2 - 12 Z22-18 Staff Report PB 12.1.2022 Page 13 of 18 Representative Developments Representative Developments of R-15: Planning Board - December 1, 2022 ITEM: 1 - 2 - 13 Z22-18 Staff Report PB 12.1.2022 Page 14 of 18 Representative Developments of Multi-Family Apartments: Amberleigh Shores in Ogden Stephens Pointe in Porters Neck Planning Board - December 1, 2022 ITEM: 1 - 2 - 14 Z22-18 Staff Report PB 12.1.2022 Page 15 of 18 Context and Compatibility • The property is located adjacent to Carolina Beach Road with right-in / right-out access to the highway. • The property is located south of Veterans Park and the elementary, middle, and high schools however there is no pedestrian infrastructure in place and all traffic must travel south approximately 1,800 feet to a U-turn movement on Carolina Beach Road to travel north. • The subject property is one of several undeveloped tracts along Carolina Beach Road and acts as a buffer between the highway and lower density single-family development to the west. • Most of the surrounding land is either undeveloped or used for single-family development and religious institutions. • The subject property is bordered by the Lord’s Creek Subdivision to the west and a religious institution to the north. • Due to the size of the parcel and access onto Carolina Beach Road, the property is less likely to be developed with lower density detached single family housing. • The proposed concept plan positions a portion of the stormwater facilities closer to the existing single-family homes to the south of the site, and 100-foot setbacks are required from adjacent residential development. • In addition to the setback and buffer requirements of the UDO, the applicant has agreed to additional exterior lighting conditions to reduce the potential impact on neighboring residential uses. 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 - December 1, 2022 ITEM: 1 - 2 - 15 Z22-18 Staff Report PB 12.1.2022 Page 16 of 18 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 Comprehensive Plan designates this property as Community Mixed Use, a land use classification that promotes a mix of retail, office, and residential development at moderate densities up to 15 units per acre. This classification is generally applied to areas intended as community-level service nodes and / or transitions between lower density housing and higher intensity development. Community Mixed Use specifically identifies the Carolina Beach Road corridor as appropriate for the place type and recommends higher-intensity mixed use with first floor retail and office and housing above, with a building height range of 1 to 3 stories. The place type also states areas disconnected from mixed use centers may not be appropriate for increased density. The RMF-M district is intended to act as a transitional district between residential and commercial development. The proposed project would provide a buffer between the highway and single-family development. However, the proposed density of 17 du/ac exceeds the 15 du/ac recommended for the Community Mixed Use place type. In addition, the proposed 4 story development also exceeds the height recommended in the place type. Consistency Recommendation The proposed rezoning request is generally INCONSISTENT with the 2016 Comprehensive Plan because the height and density proposed with the development exceed those recommended by the Community Mixed Use place type. Planning Board - December 1, 2022 ITEM: 1 - 2 - 16 Z22-18 Staff Report PB 12.1.2022 Page 17 of 18 STAFF RECOMMENDATION The Carolina Beach Road corridor has been designated as Community Mixed Use within the Comprehensive Plan. The plan recommends a mix of commercial uses and residential housing types that act as a transition between higher intensity and lower intensity development and identifies the scale of the recommended development at not more than 3 stories and 15 du/ac. The proposed development would act as a buffer between Carolina Beach Road and lower density residential development to the west, and the applicant has provided an additional lighting condition to mitigate potential adverse impacts on adjacent properties. While staff is generally supportive of higher density uses in this type of location, the proposed height of 4 stories and density of 17 dwelling units per acre exceeds the recommended maximum development patterns for the Community Mixed Use place type. As a result, Staff recommends denial of the request and suggests the following motion: I move to recommend DENIAL of the proposed rezoning. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed height and density of the development exceeds the height and density recommended for the Community Mixed Use place type. I also find recommending DENIAL of the rezoning request is reasonable and in the public interest because while multi-family development acts as a buffer for lower density residential development, and parking garages help reduce impervious surface limits on projects, the overall scale of the proposed development would not be consistent with anticipated patterns of development in the Carolina Beach Road corridor. Alternative Motion for Approval 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 while the proposed height and density of the development exceeds those generally recommended for the Community Mixed Use place type, the number of stories containing residential units does not exceed 3 and the height is mitigated by increased setbacks from adjacent parcels. I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because it provides an alternative housing type that acts as a buffer for lower density residential and for the mitigation of additional impervious surface on the site, contributing to the kind of transitional development desired along highway corridors. Proposed Conditions: 1. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty (20) feet. 2. The Pickleball court amenity shown on the concept plan may be used for other outdoor recreational purposes. The amenity area as shown on the concept plan must remain an amenity for use by residents of the development and their guests. 3. The maximum height of the building shall not exceed 50 feet. Planning Board - December 1, 2022 ITEM: 1 - 2 - 17 Z22-18 Staff Report PB 12.1.2022 Page 18 of 18 4. The proposed right turn lane must be approved and permitted by NCDOT. Changes to the concept plan to meet NCDOT requirements for the turn lane may be approved administratively by county staff. Planning Board - December 1, 2022 ITEM: 1 - 2 - 18 Planning Board - December 1, 2022 ITEM: 1 - 3 - 1 Planning Board - December 1, 2022 ITEM: 1 - 4 - 1 Planning Board - December 1, 2022 ITEM: 1 - 5 - 1 Initial Application Documents & Materials Planning Board - December 1, 2022 ITEM: 1 - 6 - 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 Giovanni Ippolito & Tanya Vlacancich 154-30 Powells Cove Blvd. 917-881-0932 gianniendo@msn.com Beechhurst, NY 11357 Planning Board - December 1, 2022 ITEM: 1 - 7 - 1 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. 6634 Carolina Beach Road 313206.37.2876 [R08200-001-036-000] 4.56 ac.+/-R-15 Community Mixed-Use 4.56 ac. The proposed project is to develop seventy-eight (78) residential apartment units in three stories over a ground-floor parking level. Units will be a mix of 1, 2 & 3-bedrooms. Guest and overflow parking is provided in a lot that will be screened from the highway by the building and streetscape plantings. The building height of fifty-feet (50') is being mitigated by expanded setbacks in excess of one-hundred feet (100'). The combination of screening fence, preservation of existing vegetation and supplemental landscaping will provide buffering between the more dense residential communtity and the adjacent single-family homes in Lords Creek. Access is directly to Carolina Beach Road, with the improvement of a deceleration taper and turn lane into the driveway. Water & sanitary sewer services will be connected to the CFPUA system by extention of public utility mains. Stormwater management is planned to be addressed with a detention pond adjacent to the existing drainageway for outlet. CZD / RMF-M Reference the site plan for layout and physical conditions. Wtih the purpose of increasing density in certain district with the provision of "work-force housing," the developer would commit 10% of the total units for a period no less than fifteen (15) years. The established rent limits for those units would be based upon the HUD's "high home" standard. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty (20) feet. Planning Board - December 1, 2022 ITEM: 1 - 7 - 2 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. Mid-rise / Multi-family Housing (ITE - 221) 78 dwelling units 3123 The policies for growth and development encourage safe and affordable housing to beavailable to every citizen. Sustainability of the County depends on sensible in-fill andmaximizing use of lands already accessible to urban services. The proposed developmentwill provide for an alternative housing product in the area. Planning Board - December 1, 2022 ITEM: 1 - 7 - 3 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? The Comprehensive Plan was developed to set the general direction for future growth and re-development across the County, and identifies the corrdior along Carolina Beach Road as a CommunityMixed-Use place-type. Higher densities of residential development are appropriate based on directaccess to a major thoroughfare road, and to serve as transitions between the busy corridors and theless dense residential communities beyond. The strategies for future land use suggest that smart growth should be inward & upward to limitimpervious surfaces and provide more greenspace within projects. Groundfloor parking within astructure is a compelling means for addressing that. The limited density allowance for the R-15 zoning district is no longer supported when considering the housing gap of the community for the next ten years. A housing needsassessment for New Hanover County showed that this area was lacking a renter shareof households, in general. Multi-family rental, specifically, is totally lacking. The closest apartment complex is up on Sanders Road, and there is no other facility in the southernportion of the County. The study also reported that this area was an older population (55+)census block. Rental communities, such as the project proposed, provide an alternativehousing product for residents. Aged residents would be attracted to the safety & security ofa managed community with elevators and amenities. Pleasure Island service industry workerscould appreciate the closer proximity to their jobs. Planning Board - December 1, 2022 ITEM: 1 - 7 - 4 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 n/a x x CAW x CAW CAW CAW Planning Board - December 1, 2022 ITEM: 1 - 7 - 5 Planning Board - December 1, 2022 ITEM: 1 - 7 - 6 Planning Board - December 1, 2022 ITEM: 1 - 7 - 7 Planning Board - December 1, 2022 ITEM: 1 - 7 - 8 Legal Description for Conditional Zoning District Boundary At 6634 Carolina Beach Road Beginning at a point in the western boundary of Carolina Beach Road (U.S. Hwy. 421), a 160’ public right‐of‐way; said point being located northwardly 417.75’ along that western boundary from its intersection with the centerline of Glenarthur Drive (S.R. 2346), a 50’ public right‐of‐ way shown on a plat entitled Lords Creek Subdivision – Section 1, and recorded among the land records of the New Hanover County Registry in Map Book 36, at Page 190; and running thence from the said point of beginning: South 15044’09” West, 280.71 feet to a point; thence North 67048’50” West, 414.02 feet to a point; thence North 18052’49” West, 133.69 feet to a point; thence North 01013’52” West, 162.27 feet to a point; thence North 02058’08” West, 67.39 feet to a point; thence South 89034’15” East, 435.90 feet to a point in the western boundary of Carolina Beach Road; thence with that right‐of‐way, South 17010’32” East, 250.07 feet to the point and place of beginning, containing 4.56 acres, more or less. Planning Board - December 1, 2022 ITEM: 1 - 7 - 9 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: The Palm Grove – Carolina (6634 Carolina Beach Road) Proposed Zoning: R-15 to CZD/RMF-M The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on July 18, 2022 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Tuesday, August 2nd, 6:00 p.m.; at the Best Western Plus – Wilmington, 5600 Carolina Beach Road. The persons in attendance at the meeting were: Reference attached sign-in list The following issues were discussed at the meeting: Attendees were primarily from the Lords Creek community. A brief presentation was given on the housing deficit in the County, and the Recommendations of the Comprehensive Land Use Plan for higher density of development along busy highway corridors like Carolina Beach Road. The layout of the plan was shown to address how the building height would be mitigated by extended setbacks, fences & vegetated buffer yards. Stormwater management requirements were explained. Date: August 29, 2022 Applicant: Design Solutions By: Cindee Wolf Planning Board - December 1, 2022 ITEM: 1 - 7 - 10 Planning Board - December 1, 2022 ITEM: 1 - 7 - 11 Planning Board - December 1, 2022 ITEM: 1 - 7 - 12 Planning Board - December 1, 2022 ITEM: 1 - 7 - 13 Planning Board - December 1, 2022 ITEM: 1 - 7 - 14 ADJACENT PROPERTIES WITHIN 500' PERIMETER OF 6634 CAROLINA BEACH ROAD: SUBJECT PROPERTY OWNER: IPPOLITO GIOVANNI ET UX 15430 POWELLS COVE BLVD FLUSHING, NY 11357 6634 CAROLINA BEACH RD WILMINGTON ADJACENT OWNERS: MAILING ADDRESS CITY / STATE / ZIP PROPERTY ADDRESS BARTLEY STEVE W PAMELA B 6703 CHELWOOD CT WILMINGTON, NC 28412 6703 CHELWOOD CT WILMINGTON BROWN RONALD P 568 BROADWATER RD ARNOLD, MD 21012 806 TANLAW CT WILMINGTON BUOL CLARENCE J BEVERLY C 1046 MARSHSIDE WAY LELAND, NC 28451 6707 CHELWOOD CT WILMINGTON CENATIEMPO RICHARD EILEEN 1123 PARK VIEW DR COVINA, CA 91724 900 GLENARTHUR DR WILMINGTON CFPUA 235 GOV CENTER DR WILMINGTON, NC 28403 914 GLENARTHUR DR WILMINGTON COLLINS EUGENE JR 314 TOULON DR WILMINGTON, NC 28405 6681 CAROLINA BEACH RD WILMINGTON CONNER CASSANDRA S 812 MACKAY CT WILMINGTON, NC 28412 812 MACKAY CT WILMINGTON CRAIG TRUST 814 MACKAY CT WILMINGTON, NC 28412 814 MACKAY CT WILMINGTON DERRICK CHARLES A MARGUERITE R 6701 OLIVER CT WILMINGTON, NC 28412 6701 OLIVER CT WILMINGTON DEWEY MICHAEL L 807 GLENARTHUR DR WILMINGTON, NC 28412 807 GLENARTHUR DR WILMINGTON DIGBY CHARLES B RHEA M TRUSTEES 820 GLENARTHUR DR WILMINGTON, NC 28412 820 GLENARTHUR DR WILMINGTON DRYE CLARENCE L ABIGAIL G 815 GLENARTHUR DR WILMINGTON, NC 28412 815 GLENARTHUR DR WILMINGTON ESTABROOKS MARILYN M LIFE EST ETAL 901 GLENARTHUR DR WILMINGTON, NC 28412 901 GLENARTHUR DR WILMINGTON FENDER DOROTHY 821 GLENARTHUR DR WILMINGTON, NC 28412 821 GLENARTHUR DR WILMINGTON HANKS CHAPEL AME CHURCH 6562 CAROLINA BEACH RD WILMINGTON, NC 28403 6562 CAROLINA BEACH RD WILMINGTON HESSE ARTHUR H KATHLEEN 6709 CHELWOOD CT WILMINGTON, NC 28412 6709 CHELWOOD CT WILMINGTON KOURY MARVEL E 6706 CHELWOOD CT WILMINGTON, NC 28412 6706 CHELWOOD CT WILMINGTON LASALLA THEODORE PATRICIA REV TRUST 114 WATERSFIELD RD LELAND, NC 28451 6600 OLIVER CT WILMINGTON LORDS CREEK HOA INC PO BOX 2298 CAROLINA BEACH, NC 28428 6626 CAROLINA BEACH RD WILMINGTON LORDS CREEK HOMEOWNERS ASSN PO BOX 2298 CAROLINA BEACH, NC 28428 908 GLENARTHUR DR WILMINGTON MCCLUNEY YOLANDA R TONY M 606 RYE RIDGE RD CARY, NC 27519 6621 CAROLINA BEACH RD WILMINGTON MCIRNEY KIMBERLY ROBERT 802 TANLAW CT WILMINGTON, NC 28412 802 TANLAW CT WILMINGTON MCNEIL HENRY PORTER JR 6647 CAROLINA BEACH RD WILMINGTON, NC 28412 6647 CAROLINA BEACH RD WILMINGTON METERKO TIMOTHY A KAREN J 809 GLENARTHUR DR WILMINGTON, NC 28412 809 GLENARTHUR DR WILMINGTON MEYERSON KATHLEEN C ETAL 6702 CHELWOOD CT WILMINGTON, NC 28412 6702 CHELWOOD CT WILMINGTON MITCHELL AMOS DWIGHT ETAL 4014 TROTTER RIDGE RD DURHAM, NC 27707 6673 CAROLINA BEACH RD WILMINGTON MURCH STEVEN GEORGE DIANNA MARIE 810 MACKAY CT WILMINGTON, NC 28412 810 MACKAY CT WILMINGTON MYRTLE GROVE COMMUNITY CENTER 6608 CAROLINA BEACH RD WILMINGTON, NC 28403 6608 CAROLINA BEACH RD WILMINGTON MYRTLE GROVE COMMUNITY CENTER 6608 CAROLINA BEACH RD WILMINGTON, NC 28403 6604 CAROLINA BEACH RD WILMINGTON MYRTLE GROVE HOLINESS 6601 CAROLINA BEACH RD WILMINGTON, NC 28403 6601 CAROLINA BEACH RD WILMINGTON OAK GROVE CEMETERY INC 6602 CAROLINA BEACH RD WILMINGTON, NC 28403 6602 CAROLINA BEACH RD WILMINGTON PACE MONICA B 904 GLENARTHUR DR WILMINGTON, NC 28412 904 GLENARTHUR DR WILMINGTON PALADINO MARISSA ETAL 6704 CHELWOOD CT WILMINGTON, NC 28412 6704 CHELWOOD CT WILMINGTON POPPE MICHELE H CHARLES S 805 GLENARTHUR DR WILMINGTON, NC 28412 805 GLENARTHUR DR WILMINGTON QUARLES SANDRA S 803 GLENARTHUR DR WILMINGTON, NC 28412 803 GLENARTHUR DR WILMINGTON RESTRICTED 123 ANYROAD DR WILMINGTON, NC 28409 6708 CHELWOOD CT WILMINGTON RHOADS PETE MALLERNEE III TRUSTEES 808 TANLAW CT WILMINGTON, NC 28412 808 TANLAW CT WILMINGTON RICK LEO J 819 GLENARTHUR DR WILMINGTON, NC 28412 819 GLENARTHUR DR WILMINGTON ROMAN CATHOLIC DIOCESE RALEIGH 7200 STONEHENGE DR RALEIGH, NC 27613 6650 CAROLINA BEACH RD WILMINGTON SANCTUARY CHURCH OF WILM PO BOX 2374 CAROLINA BEACH, NC 28428 6685 CAROLINA BEACH RD WILMINGTON SANCTUARY CHURCH OF WILM PO BOX 2374 CAROLINA BEACH, NC 28428 6687 CAROLINA BEACH RD WILMINGTON STEELE NANCY S 816 MACKAY CT WILMINGTON, NC 28412 816 MACKAY CT WILMINGTON STEWART WILLIAM M MARTHA J 813 GLENARTHUR DR WILMINGTON, NC 28412 813 GLENARTHUR DR WILMINGTON SUNDERLAND PRESTON J 804 TANLAW CT WILMINGTON, NC 28412 804 TANLAW CT WILMINGTON SURFSIDE PROPERTIES LLC PO BOX 16470 WILMINGTON, NC 28409 6600 CAROLINA BEACH RD WILMINGTON TICE JAMES N ETAL 817 GLENARTHUR DR WILMINGTON, NC 28412 817 GLENARTHUR DR WILMINGTON TOBY THOMAS MARI K 6605 OLIVER CT WILMINGTON, NC 28412 6605 OLIVER CT WILMINGTON TRACEY EILEEN 6705 CHELWOOD CT WILMINGTON, NC 28412 6705 CHELWOOD CT WILMINGTON TRIPP CHRIS D 905 GLENARTHUR DR WILMINGTON, NC 28412 905 GLENARTHUR DR WILMINGTON UNDENOMINATIONAL PENTECOSTAL 6622 CAROLINA BEACH RD WILMINGTON, NC 28403 6622 CAROLINA BEACH RD WILMINGTON WALKER J DOUGLAS SUSAN J 6602 OLIVER CT WILMINGTON, NC 28412 6602 OLIVER CT WILMINGTON WHISPERING PINES BAPTIST CHURCH 6547 CAROLINA BEACH RD WILMINGTON, NC 28412 6547 CAROLINA BEACH RD WILMINGTON WRIGHT ARMOND ETAL 1220 6TH ST S WILMINGTON, NC 28401 6646 CAROLINA BEACH RD WILMINGTON Planning Board - December 1, 2022 ITEM: 1 - 7 - 15 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Notice of Meeting July 18, 2022 To: Adjacent Property Owners From: Cindee Wolf Re: 6634 Carolina Beach Road The owners of this property are proposing an exciting new multi‐dwelling community. The development will include seventy‐eight (78) residential units in a building with ground floor parking, elevators and an attractive amenity package. An exhibit of the site plan is attached. Approval of a Conditional Zoning District allows particular uses to be established only in accordance with a specific plan, standards and conditions pertaining to each individual development project. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all 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 Tuesday, August 2nd, 6:00 p.m., at the Best Western Plus – Wilmington, 5600 Carolina Beach Road. If you prefer, or cannot attend, you are also welcome to contact me at Tel. # 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 - December 1, 2022 ITEM: 1 - 7 - 16 Planning Board - December 1, 2022 ITEM: 1 - 7 - 17 Concept Plan Planning Board - December 1, 2022 ITEM: 1 - 8 - 1 Planning Board - December 1, 2022 ITEM: 1 - 9 - 1 Public Comments In Support 0 Neutral 0 In Opposition 4 Planning Board - December 1, 2022 ITEM: 1 - 10 - 1 Farrell, Robert From:mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joseph Leiteritz <mvolkmar@nhcgov.com> Sent:Sunday, November 20, 2022 2:46 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject:Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Joseph Leiteritz Address 6704 Dorrington Drive Wilmington, North Carolina 28412 United States Map It Email leiteritzj@yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Ms. Wolf, On your application to the Planning and Development Committee for a permit on Parcel ID - 313206.37.2876 [R08200-001-036- 000] - 6634 Carolina Beach Road - you seemed to have an omission. While you state that you will set aside 10% for Low Income Housing, you seem to have stated no maximum for Low Income Housing allowed ? - Is it your intention to have the other 90% apartments rent at Wilmington Market Rate and are you willing to have your books audited to reflect this ? Additionally, you state that low income housing over 55 years old will be set aside. Will that be part of the 10% - some clarification is definitely needed on what percentage of rents will be fully paid by the renters and/or funded by some other government entities ? Will you have a live-in Manager onsite ? - will you have custodial on-site full time that is responsible for grounds/parking/maintenance ? Respectfully - Joseph Leiteritz - Lords Creek Resident Planning Board - December 1, 2022 ITEM: 1 - 10 - 2 Farrell, Robert From:mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Nancy Steele <mvolkmar@nhcgov.com> Sent:Monday, November 21, 2022 2:38 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject:Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) Attachments:public-comment-to-NHC-Planning.docx ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Nancy Steele Address 816 Mackay Ct. Wilmington, NC 28412 United States Map It Email nancysteele1@comcast.net Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment My name is Nancy Steele and I reside at 816 Mackay Ct in the Lord’s Creek Subdivision. I write to urge you to reject the proposed plan of development for 6634 Carolina Beach Rd. The proposed development fails to meet the needs of the surrounding community and will have a negative impact on properties that abut this 4.65 acre lot. The developer proposes increased setbacks to mitigate the 4-story, 50 foot building height but this is still wholly inadequate. At the public meeting, the owner tried to convince Lord’s Creek residents that were in attendance that somehow a 10 foot buffer of vegetation would block the visual impact to our homes from the 50 foot tall towers next door. This is just not realistic. The rendering provided by Design Solutions shows that the lot will be totally cleared of all trees except for whatever vegetation will remain within approximately 10 ft. of the property line. The supplemental vegetation will be immature plants and will provide no visual screening. The privacy fence she proposes is maybe 10 feet tall. Again, how will this provide any visual screening for a 50 foot tall building? The developer proposes light posts no taller than 20 feet in the parking lot which is located on the side of the lot which is next to properties on Glenarthur Dr. Due to the topography of the lot which is slightly elevated above the lots on Glenarthur, effectively 20 feet may in effect be 24 feet. Please consider a height for light posts no higher than 12-15 feet. I fear my neighbors who back up to the side of the lot with the parking lot will have this annoying light pollution to contend with every night. This building is a complete departure from the design of the one and two story homes in every neighborhood for miles. I can’t help but think it will increase a feeling of the hodge-podge of different businesses, residential homes, churches, etc. as you drive down Carolina Beach Rd. As a developer and a designer, I would aim for a more consistent aesthetic with what is already there. There are no 4 story apartment buildings as you travel on Carolina Beach for miles – until you get to the city of Wilmington. This does not seem to be a very sensible in-fill plan. The proposed development does not conform to the New Hanover County Future Land Use Plan for this location which is Community Mixed Use. This is supposed to follow a design that promotes multi-modal travel, and this location does not have any connection to sidewalks or bicycle lanes. So residents will need to have a car in order to live here. The property design creates an island of one and two bedroom apartments with limited access to walking or recreation or any other activities. Carolina Beach Rd at this location is unwalkable and unsafe for bicycling. In the New Hanover County Land Use Plan it Planning Board - December 1, 2022 ITEM: 1 - 10 - 3 describes development intensity as moderate (only 2-3 stories) for multi-family residential dwellings. The Community Mixed Use designation is to serve as a transition between the denser residential communities and the busy corridors (Urban Mixed Use). It is a stretch to consider this location as a “transition zone to less dense residential communities beyond”. This portion of Carolina Beach Rd is the “beyond area”. A transition zone as it exists would be much further north. All the immediate areas surrounding this lot are less dense residential areas. The lot size is just too small for the number of units the developer would like to build. Because the footprint of the building, the parking lot, and the detention pond will take up 90% of the lot, there will be very little green space available to the residents on- site. Again they will have to travel by car to access other recreation. In light of the number of other projects under consideration for one and two bedroom apartments, if all these apartments are built as proposed, it will create a huge increase in traffic along Carolina Beach Rd. Currently, there are traffic backups in front of the Lord’s Creek entrance on any given Thursday afternoon during the summer months due to vacationers arriving at their rentals. What happens, when Carolina Beach backs up, is that cars turn on Glenarthur Dr. and cut through to River Rd. to find an alternate north or south route. We already have a problem on Glenarthur Dr. with speeding. I have neighbors that have had their mailboxes knocked down by people barreling down this narrow, curving neighborhood street. I have experienced a sense of extreme caution when crossing the street in front of my house because of the blind curves and people driving too fast. It creates a situation where you better get across the street quickly or you may be hit! The cumulative effect of all the apartments that will be built on Carolina Beach Rd will create a greater traffic hazard on Glenarthur Rd. Another area of concern is the proposed retention pond. Will it exacerbate flooding during extreme rain events? What will h Upload supporting files  public-comment-to-NHC-Planning.docx Planning Board - December 1, 2022 ITEM: 1 - 10 - 4 Mr. Robert Farrell New Hanover County Planner x7164 RE: Public Comment - Rezoning request for 6634 Carolina Beach Rd Dear Mr. Farrell: My name is Nancy Steele and I reside at 816 Mackay Ct in the Lord’s Creek Subdivision. I write to urge you to reject the proposed plan of development for 6634 Carolina Beach Rd. The proposed development fails to meet the needs of the surrounding community and will have a negative impact on properties that abut this 4.65 acre lot. The developer proposes increased setbacks to mitigate the 4-story, 50 foot building height but this is still wholly inadequate. At the public meeting, the owner tried to convince Lord’s Creek residents that were in attendance that somehow a 10 foot buffer of vegetation would block the visual impact to our homes from the 50 foot tall towers next door. This is just not realistic. The rendering provided by Design Solutions shows that the lot will be totally cleared of all trees except for whatever vegetation will remain within approximately 10 ft. of the property line. The supplemental vegetation will be immature plants and will provide no visual screening. The privacy fence she proposes is maybe 10 feet tall. Again, how will this provide any visual screening for a 50 foot tall building? The developer proposes light posts no taller than 20 feet in the parking lot which is located on the side of the lot which is next to properties on Glenarthur Dr. Due to the topography of the lot which is slightly elevated above the lots on Glenarthur, effectively 20 feet may in effect be 24 feet. Please consider a height for light posts no higher than 12-15 feet. I fear my neighbors who back up to the side of the lot with the parking lot will have this annoying light pollution to contend with every night. This building is a complete departure from the design of the one and two story homes in every neighborhood for miles. I can’t help but think it will increase a feeling of the hodge-podge of different businesses, residential homes, churches, etc. as you drive down Carolina Beach Rd. As a developer and a designer, I would aim for a more consistent aesthetic with what is already there. There are no 4 story apartment buildings as you travel on Carolina Beach for miles – until you get to the city of Wilmington. This does not seem to be a very sensible in-fill plan. The proposed development does not conform to the New Hanover County Future Land Use Plan for this location which is Community Mixed Use. This is supposed to follow a design that promotes multi-modal travel, and this location does not have any connection to sidewalks or bicycle lanes. So residents will need to have a car in order to live here. The property design creates an island of one and two bedroom apartments with limited access to walking or recreation or any other activities. Carolina Beach Rd at this location is unwalkable and unsafe for bicycling. In the New Hanover County Land Use Plan it describes development intensity as moderate (only 2-3 stories) for multi-family residential dwellings. The Community Mixed Use designation is to serve as a transition between the denser residential communities and the busy corridors (Urban Mixed Use). It is a stretch to consider this location as a “transition zone to less dense residential communities beyond”. This portion of Carolina Beach Rd is the Planning Board - December 1, 2022 ITEM: 1 - 10 - 5 “beyond area”. A transition zone as it exists would be much further north. All the immediate areas surrounding this lot are less dense residential areas. The lot size is just too small for the number of units the developer would like to build. Because the footprint of the building, the parking lot, and the detention pond will take up 90% of the lot, there will be very little green space available to the residents on-site. Again they will have to travel by car to access other recreation. In light of the number of other projects under consideration for one and two bedroom apartments, if all these apartments are built as proposed, it will create a huge increase in traffic along Carolina Beach Rd. Currently, there are traffic backups in front of the Lord’s Creek entrance on any given Thursday afternoon during the summer months due to vacationers arriving at their rentals. What happens, when Carolina Beach backs up, is that cars turn on Glenarthur Dr. and cut through to River Rd. to find an alternate north or south route. We already have a problem on Glenarthur Dr. with speeding. I have neighbors that have had their mailboxes knocked down by people barreling down this narrow, curving neighborhood street. I have experienced a sense of extreme caution when crossing the street in front of my house because of the blind curves and people driving too fast. It creates a situation where you better get across the street quickly or you may be hit! The cumulative effect of all the apartments that will be built on Carolina Beach Rd will create a greater traffic hazard on Glenarthur Rd. Another area of concern is the proposed retention pond. Will it exacerbate flooding during extreme rain events? What will happen when we have a major Hurricane and 20 to 30 inches of rain comes down in a short period of time? Many residents of Chelwood Ct. reported the creek rose dangerously high during Hurricane Florence and into their backyards, and the bridge at the entrance to Lord’s Creek had to be inspected after the storm because there was evidence that the road had been undermined. Will the retention pond create a concentrated flow of water further downstream, such that Lord’s Creek properties that back up to the creek will experience flooding and possible damage to their homes? One of the proposed conditions of the rezoning would be a provision for Work Force Housing. The developer during her public meeting mentioned “The Bowen Report” as supporting the need for Work Force Housing as regards this property. However, having read the Bowen Report, I fail to see that the conclusions of the Bowen Report would support this development. The true need identified by Bowen was for affordable housing for retirees but it supported an unmet need for affordable, quality home ownership. Most retirees relocating to Wilmington would be looking for affordable homes to buy, not rent. For Work Force housing the location should be near a major employer such as a hospital, college, or other industrial or commercial employer. This location is remote from large employers. WFH should be a secondary consideration to other detrimental effects due to the design of the building. The housing gap in the community over the next ten years is not for more apartments. It is for affordable home ownership as supported by the Bowen report. Rental housing in the immediate area is not as the developer states in her application. She claims the closest rental housing is “up on Sanders Rd”. This is not true. There is a 200 to 300 unit apartment complex on Halyburton Memorial Parkway, Planning Board - December 1, 2022 ITEM: 1 - 10 - 6 less than a mile away from the proposed development. These are one, two and three bedroom apartments that would be desirable for a family. In comparison to the 6634 Carolina Beach property, this development on Halyburton is on sufficient acreage to provide a buffer between the apartment buildings and the surrounding single family homes. It is also connected by sidewalks so residents can walk to parks and the river or even to a shopping center on Carolina Beach Rd. This is the kind of apartment living that would be far superior to what the developer proposes. The developer stated that the vast majority of units will be one bedroom units which certainly does not support a family living situation. It seems like this would be more targeted to single people. In her conclusion, the developer states that her project would attract “aged residents”. As someone who could be classified as “aged”, I can affirm nothing would be more unattractive. She mentions another demographic living in the building which would be Pleasure Island service industry workers. Seriously – do you think retired people would find it desirable to live in a building with younger “20 something” service workers? I can imagine the noise created by bartenders and waitresses coming home at 2 or 3 AM. Busy elevators and noisy hallways are not conducive to a harmonious and peaceful living situation if higher density living is part of the mix. It would be better to produce townhouses or small patio homes so that people have privacy and breathing space. I think New Hanover County Planning can come up with a much better use for this property which will support the true future housing gap projected for Wilmington and be executed in a way that it is a net positive for the surrounding residents. Please reject the current proposal for 6634 Carolina Beach Rd. Planning Board - December 1, 2022 ITEM: 1 - 10 - 7 Farrell, Robert From:mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joseph Leiteritz <mvolkmar@nhcgov.com> Sent:Monday, November 21, 2022 11:45 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject:Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Joseph Leiteritz Address 6704 Dorrington Drive Wilmington, North Carolina 28412 United States Map It Email leiteritzj@yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment How many apartments will be 1 bedroom ? - 2 bedroom ? - 3 bedroom ? Will there be parking stickers handed out for each car ? - will each car that is allowed to park there be registered with management ? - who will monitor this ? how will you attempt to park ( estimated residents ) ??? - assuming every resident has at least 1 car ? in 70 spaces ? and that count includes guest parking ? - please note that public transportation is awful in New Hanover County compared to New York. Respectfully - Denise Leiteritz Planning Board - December 1, 2022 ITEM: 1 - 10 - 8 Farrell, Robert From:mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joseph Leiteritz <mvolkmar@nhcgov.com> Sent:Tuesday, November 22, 2022 6:30 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject:Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Joseph Leiteritz Address 6704 Dorrington Drive Wilmington, North Carolina 28412 United States Map It Email leiteritzj@yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Dear Committee, The tenant parking which appears to be about 70 spots, which does NOT include guest parking, is totally inadequate. The applicant states they want 78 Apartment Units The New Hanover County Law is 1.5 spaces for a 1 bedroom apartment, 2 spaces for a 2 bedroom apartment, and 2.25 spaces for a 3 bedroom apartment. Are parking spots going to be numbered to lawfully reflect this ? - If so - the count is way, way, short. This will clearly cause a parking congestion nightmare for the residents, but may also have the potential to overflow out on to Carolina Beach Road causing potential accidents and traffic nightmares. This stopped the project a few months ago at the The Carolinian Inn and should be all the reason to stop this project. Respectfully - Joseph Leiteritz Planning Board - December 1, 2022 ITEM: 1 - 10 - 9 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 : 12/1/2022 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: Request by Paramounte E ngineering, applicant, on behalf of the C ornelius E N ixon Rev oc able Trust, C ornelius N ixon Trust, and N ixon A ssoc iates, L LC , property owners, to rezone four parcels totaling approximately 9.75 acres of lan d located at 7011 Ru th Avenue from B -2, Reg ional Business and R -15, Residen>al to (C Z D) R M F-M , Residen>al M ul>-Family – M oderate Density for a m ul>-family dev elopm ent. B R I E F S U M M A RY: T he applicant is pro posing to rezone approxima tely 9.75 acres at 7011 R uth Avenue, 7032 R uth Avenue, 7001 Market Street, and 7035 Market Street f ro m B -2, Regio nal B usiness a nd R -15, Residen3al to (C Z D ) R M F-M, C o ndi3o nal Residen3al Mul3-Family - Moderate Density. T he propo sed develo pment consists of 2 mul3-family residen3al structures co ntaining 144 units, a leasing center/amenity spa c e, a nd associated parking and stormwater. T he zo ning districts f o r the subject sites, B -2 and R -15, were established in 1972. At the 3me, the purpo se o f the R -15 district was to ensure tha t ho using served by private sep3c and wells would be developed a t low densi3es. T he B -2 district was applied in places where commercial already existed or were an3cipated. Since that 3me, water and sewer services ha ve become available to the surro unding a rea and the area has bec o me more urbanized; however, the Market Street c o rridor remains primarily zoned f o r business uses and a variety o f residen3ally zo ned pro per3es o f varying intensi3es. T he purpo se o f the R M F-M, Mul3-Family Residen3al D istric t is to pro vide lands tha t accommodate mo derate density single-f amily and mul3-family development, and serve as a transi3onal district between intensive nonresiden3al develo pment and higher density residen3al areas. T he proposed 144-unit development equates to a density o f 14.77 units per acre. T he R M F -M district allo ws up to 17 units per acre by-right. Four sto ry mul3-f amily structures are subject to farther setba c ks f ro m pro perty lines of parcels that accommodate exis3ng single-f amily dwellings. T he propo sed structures are separated from single-family residen3al by a leasing offi ce, access drive, and power line easement. T he subject property is lo c ated along one of the county ’s more densely develo ped co rridors a nd in between the C ity o f W ilmington and the Kirkland – Porters N eck commerc ial no de. T h e Market S treet C o rridor has seen a shiC f ro m lo wer density uses to mo re intense, compact, a nd denser develo pments. T he parcel has access to R uth Avenue and Market S treet. Primary access is pro posed to be pro vided to the subject pro perty from R uth Avenue, a private right-o f -wa y to be maintained by the develo per, to the north. R uth Avenue connects to O gden Park Drive. Seco ndary access is to be pro vided by a ro adway connec3ng the pro posed Planning Board - December 1, 2022 ITEM: 2 develo pment to Ma rket Street, an N C D OT major arterial roadway, to the east. I t is an3c ipa ted tha t this secondary access will be a right in, right out only, per the applica nt. T h e es3mated traffic genera ted fro m the site is under the 100 peak ho ur threshold that triggers the ordinance requirement f o r a Traffic I mpact Ana lysis (T I A). T he exis3ng site accommodates a single-family dwelling, which is es3mated to generate appro ximately 1 A M peak hour and 1 PM peak ho ur trip. T he trips generated f ro m the requested B -2 por3on of the property wo uld vary based on the pro posed uses within this district. I t is es3mated that 9.09 acres o f pro perty zoned B -2 ca n generally support appro ximately 71,300 square f eet of tradi3onal general retail uses based o n a typical 18% building area for this type of zo ning. As an example, a develo pment of a 71,300 square foot supermarket, a permissible use within the B -2 zoning district, is es3mated to generate abo ut 252 AM and 644 P M peak hour trips. B a se d on a generalized historic genera3o n rate, staff wo uld es3mate tha t the increase in homes would result in appro ximately 32 addi3onal students than would be genera ted under current zo ning. G ive n the commercia l development fro n3ng the Market S treet co rridor to the south and the extension of Military C utoff to the west, the proposed mul3-family development could be an appropriate transi3o n between tho se heavily traveled co rridors and the single-family residen3al uses alo ng R uth Avenue rather than uses possible within the exis3ng B -2 zo ning. Required setbacks a re placed to limit the level of impacts along the pro perty boundaries and are c o n3ngent on the type and scale of development lo cated o n this parcel. T he applicant has posi3o ned the propo sed mul3-family structures to be setback 100’ from the residen3a l uses along R uth Avenue. T ransi3o nal buffers also serve as a mi3ga 3o n method to limit impacts on adjacent uses. T he applicant has pro vided a landscape buff er alo ng the property line between the mul3-family residen3al structure and the exis3ng single-family dwelling. T he C o mprehensive P lan classifies the pro perty as U rban Mixed U se, which pro mo tes develo pment of a mix o f residen3al, o ffice, and retail uses at higher densi3es. T his classifica3on intends f o r modera te to high densi3es while also providing a transi3on between the exis3ng lo wer density housing and higher intensity co mmercial uses along heavily traveled roadwa y co rridors, such a s the Market Street C orrido r. T he pro posed R M F-M zoning is generally C O N S I S T E N T with the 2016 C omprehensive Plan bec ause the projec t is in line with the preferred density range o f the U rban Mixed U se place type, promotes the mixture of uses rec o mmended within the U rban Mixed U se place type. 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 pro posal is lo cated alo ng a major arterial ro adway between the Kirkland – Porters N eck C o mmercial N ode and the C ity of W ilmingto n where uses have shiCed f ro m lo w density residen3al and smaller scale businesses into develo pments that are more compact, o f higher density, and of higher intensity. T he propo sal could also serve as an appro priate transi3on between the heavily traveled Market S treet C o rridor and the future Military C utoff E xtensio n to the abuKng, less intense land uses. B ecause this propo sal is in line with the C o mprehensive Pla n recommenda3ons f o r this area, is similar in f o rm and density to other projects, such as Amberleigh S hore and T he Park at T hree O aks, located a lo ng this por3on o f the Market Street corrido r, and c o uld serve as an appro priate transi3on between the less intense land uses and the ro adway corridors, staff recom mends approv al of this applica3on and suggests the following mo3on: Planning Board - December 1, 2022 ITEM: 2 I move to recommend A P P R OV A L of the pro posed rezo ning to a (C Z D ) R M F-M district. I find it to be C O N S I S T E N T with the purpo ses and intent o f the C omprehensive Plan because the pro ject provides for the types and mixture of uses reco mmended in the U rban Mixed U se place type and the residen3a l densi3es are in-line with those recommended f o r the property. I also find recommending A P P R OVA L of the rezo ning request is reasonable and in the public interest beca use the pro posal wo uld benefi t the co mmunity by pro viding a tra nsi3o n between the exis3ng land uses along R uth Avenue, the ro adway to the west, and the co mmercial uses to the so uth, and will provide a ddi3o na l ho using in close pro ximity to exis3ng and f uture co mmercial development in between the C ity of Wilmington and the Kirkland – Po rters N eck C ommercial N o de. A lterna>ve M o>on for Denial I move to reco mmend D E N I A L of the propo sed rezoning to a (C Z D ) R M F-M district. 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 o mprehensive Plan because the pro ject provides for the types and mixture o f uses recommended in the U rban Mixed U se place type and the residen3al densi3es are in-line with those recommended for the pro perty, I fi nd reco mmending D E N I A L o f the rezo ning request is reasonable and in the public interest because the propo sal is not c o nsistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighbo rhoods. AT TA C H M E N T S : Descrip3on Z22-21 - Script PB Final Z22-21 - Staff Report PB Final Z22-21 - Zoning Z22-21 - FLUM Z22-21 - Mailout Map Initial Application Cover Sheet Application Package PB Concept Plan Cover Sheet Z22-21 - Concept Plan Public Comments Cover Sheet 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 - December 1, 2022 ITEM: 2 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z22-21) Request by Paramounte Engineering, applicant, on behalf of the Cornelius E Nixon Revocable Trust, Cornelius Nixon Trust, and Nixon Associates, LLC, property owners, to rezone four parcels totaling approximately 9.75 acres of land located at 7011 Ruth Avenue from B -2, Regional Business and R- 15, Residential to (CZD) RMF-M, Residential Multi-Family – Moderate Density for a multi-family development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and 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 Approval I move to recommend APPROVAL of the proposed rezoning to a (CZD) RMF-M district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in-line with those recommended for the property. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a transition between the existing land uses along Ruth Avenue, the roadway to the west, and the commercial uses to the south, and will provide additional housing in close proximity to existing and future commercial development in between the City of Wilmington and the Kirkland – Porters Neck Commercial Node. Planning Board - December 1, 2022 ITEM: 2 - 1 - 1 Example Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) RMF-M district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in-line with those recommended for the property, 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 density will adversely impact the adjacent neighborhoods. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional (CZD) RMF-M 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 - December 1, 2022 ITEM: 2 - 1 - 2 Z22-21 Staff Report PB 12.1.2022 Page 1 of 19 STAFF REPORT FOR Z22-21 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-21 Request: Rezone 9.75 acres to (CZD) R-5, Conditional Residential District Applicant: Property Owner(s): Paramounte Engineering, Inc Cornelius Nixon Trust B (7011 Ruth Avenue); Cornelius E Nixon Rev Trust, LLC (7032 Ruth Avenue); Nixon Associates, LLC (7001 & 7035 Market Street) Location: Acreage: 7011 Ruth Avenue, 7032 Ruth Avenue, 7001 Market Street, & 7035 Market Street 9.75 acres PID(s): Comp Plan Place Type: R04409-004-006-000; R04409-004-004- 000; R04400-002-008-000; R04400-002- 016-000 Urban Mixed Use Existing Land Use: Proposed Land Use: Undeveloped, Utilities, Residential 144-Unit Multi-Family Residential Development Current Zoning: Proposed Zoning: B-2, Business District & R-15, Residential District (CZD) RMF-M, Residential Multi-Family – Moderate Density SURROUNDING AREA LAND USE ZONING North Single-Family Residential, Utilities, Ogden Park R-15 East Single-Family Residential, Market Street ROW R-15 South Enoch Chapel Baptist Church, Commercial Uses, Market Street ROW B-2 West Military Road Cutoff Extension ROW N/A Z22-21 Market Street Planning Board - December 1, 2022 ITEM: 2 - 2 - 1 Z22-21 Staff Report PB 12.1.2022 Page 2 of 19 ZONING HISTORY July 7, 1972 Initially zoned B-2 & R-15 (Area 8B) COMMUNITY SERVICES Water/Sewer Water and sewer services are available through CFPUA Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Ogden Station Schools Blair Elementary, Trask Middle, and New Hanover High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-21 Planning Board - December 1, 2022 ITEM: 2 - 2 - 2 Z22-21 Staff Report PB 12.1.2022 Page 3 of 19 APPLICANT’S PROPOSED CONCEPTUAL PLAN Proposed Site Plan with Staff Markups • The applicant is proposing to rezone approximately 9.75 acres across four parcels to (CZD) RMF-M to construct a 144-unit multi-family housing development at a density of 14.77 units per acre. The proposed plan also includes associated parking, a leasing office, common amenities, and a stormwater management pond. • The proposed development consists of 2 multi-family, 4-story buildings on the parcels, which directly abut a variety of uses, including the Enoch Chapel Baptist Church, a power station, existing single-family dwellings, Ruth Avenue, and Ogden Park. • The community amenity and leasing office is located between Ruth Avenue and the proposed access from Market Street and abuts a single-family dwelling. • The stormwater infiltration basin of the development is proposed in the central portion of the subject site, between the multi-family structures and the adjacent retail uses. • Utility easements and open space are indicated along the portion of the project adjacent to the Military Cutoff Extension project. • Parking associated with the development is proposed along portions of the site abutting Ruth Avenue and the R-15 zoned parcels where the power station is located. Stormwater Basin Access onto Market Street Access onto Ruth Avenue Amenity/Leasing Office Planning Board - December 1, 2022 ITEM: 2 - 2 - 3 Z22-21 Staff Report PB 12.1.2022 Page 4 of 19 ZONING CONSIDERATIONS • The zoning districts for the subject sites, B-2 and R-15, were 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 B-2 district was applied in places where commercial uses already existed or were anticipated. Since that time, water and sewer services have become available to the surrounding area and the area has become more urbanized; however, the Market Street corridor remains primarily zoned for business uses and a variety of residentially zoned properties of varying intensities. • The purpose of the RMF-M, Multi-Family Residential District is to provide lands that accommodate moderate density single-family and multi-family development, and serve as a transitional district between intensive nonresidential development and higher density residential areas. • The proposed 144-unit development equates to a density of 14.77 units per acre. The RMF-M district allows up to 17 units per acre by-right. • Four story multi-family structures are subject to farther setbacks from property lines of parcels that accommodate existing single-family dwellings. The proposed structures are separated from single-family residential by a leasing office, access drive, and power line easement. • 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 - December 1, 2022 ITEM: 2 - 2 - 4 Z22-21 Staff Report PB 12.1.2022 Page 5 of 19 AREA SUBDIVISIONS UNDER DEVELOPMENT Military Cutoff Extension Planning Board - December 1, 2022 ITEM: 2 - 2 - 5 Z22-21 Staff Report PB 12.1.2022 Page 6 of 19 TRANSPORTATION • Access is proposed to be provided to the subject property from Ruth Avenue, a private right-of-way to be maintained by the developer, to the north. Ruth Avenue connects to Ogden Park Drive. Secondary access is to be provided by a roadway connecting the proposed development to Market Street, an NCDOT major arterial roadway, to the east. It is anticipated that this secondary access will be a right in, right out only, per the applicant. • The trips generated from the requested B-2 portion of the property would vary based on the proposed uses within this district. It is estimated that 9.09 acres of property zoned B-2 can generally support approximately 71,300 square feet of traditional general retail uses based on a typical 18% building area for this type of zoning. As an example, a development of a 71,300 square foot supermarket, a permissible use within the B-2 zoning district, is estimated to generate about 252 AM and 644 PM peak hour trips. • 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). Planning Board - December 1, 2022 ITEM: 2 - 2 - 6 Z22-21 Staff Report PB 12.1.2022 Page 7 of 19 • 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. WMPO Daily Traffic – 7/6/2021 Road Location Volume Capacity V/C Market Street Between Middle Sound Loop Road and Ogden Park Road 58,765 37,231 1.58 • 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 improvement required through the NCDOT driveway permitting process. Intensity Approx. Peak Hour Trips Existing Development on R-15 Zoning: 1 Single-family Dwelling 1 AM / 1 PM Typical Development under Current B-2 Zoning: 71,300 SF Supermarket 252 AM / 644 PM Proposed Development: Multifamily Housing, Mid- Rise (ITE Code 221): 144 Dwelling Units 52 AM / 57 PM Planning Board - December 1, 2022 ITEM: 2 - 2 - 7 Z22-21 Staff Report PB 12.1.2022 Page 8 of 19 Nearby Planned Transportation Improvements and Traffic Impact Analyses Z22-21 Planning Board - December 1, 2022 ITEM: 2 - 2 - 8 Z22-21 Staff Report PB 12.1.2022 Page 9 of 19 Nearby NC STIP Projects: • STIP Project U-4902C, U-4902D – Market Street Improvements o Project for access management improvements from N. College Road to Station Road and from Middle Sound Loop Road to the Mendenhall Drive/Marsh Oaks Drive intersection. o Install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10-foot multi-use path on the eastern side of the street, and a 5-foot sidewalk on the western side of the street. o The project is currently under construction and is expected to be completed by early- 2023. • STIP Project U-6202 – Gordon Road Widening o Project widening Gordon Road from Market Street to I-40. Right-of-Way and Utilities taking place in FY 2022. • STIP Project U-4751, U-4751A – Military Cutoff Extension o Project to extend Military Cutoff from Market Street to I-140. o The project is currently under construction and is expected to be completed in early- 2023. o The project will also install a sidewalk and multi-use path along the extension of Military Cutoff and the sections of Market Street included in the project. • STIP Project EB-6027 – Multi-Use Path o Project constructing a multi-use path south of Market Street from Red Cedar Road to existing trail at the corner of Market Street and Middle Sound Loop Road. Construction taking place in FY 2023. Planning Board - December 1, 2022 ITEM: 2 - 2 - 9 Z22-21 Staff Report PB 12.1.2022 Page 10 of 19 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. Ogden Starbucks • 2,200 square foot coffee shop with drive thru • Approved May 10, 2019 • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional exclusive eastbound right-turn lane on Lendire Road at Market Street (improvement installation to be coordinated with the Military Cutoff Extension project (U-4751). Modification of the signal timing at the same intersection to incorporate the new dual right-turn lanes. Nearby Proposed Developments included within the TIA: • None Development Status: Construction is complete. The installation of right-turn lane will be completed with the Military Cutoff extension project. Planning Board - December 1, 2022 ITEM: 2 - 2 - 10 Z22-21 Staff Report PB 12.1.2022 Page 11 of 19 Proposed Development Land Use/Intensity TIA Status 2. Lendire Commercial MXD • 694 multi-family units • General Office (26,000 sf) • Medical Office (10,000 sf) • Retail/Shopping Center (29,000 sf) • High Turnover Restaurant (7,000 sf) • Fast-Food Restaurant with Drive-Thru (2,500 sf) • Approved November 14, 2022 • 2024 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Construct an eastbound left turn lane on Lendire Road at Ogden Business Park/Site Access #3 • Construct a southbound right turn lane on Market Street at Site Access #1 • Scenario 2 – Install a traffic signal at Market Street and Site Access #2 to provide full movement access. Consists of constructing a northbound left turn lane on Market Street, constructing a southbound right turn lane on Market Street, and turn lanes eastbound on Site Access #2 for turns onto Market Street. Nearby Proposed Developments included within the TIA: • None. Development Status: Project has not been issued permits for construction. Proposed Development Land Use/Intensity TIA Status 3. Primrose School • Day Care Center of up to 191 students • 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: • Provide a northbound right turn lane at the site access on Market Street • Extension of the southbound left turn lane on Market Street to 400’ of storage with an appropriate deceleration and taper length. This improvement is already programmed and expected to be built by others. Nearby Proposed Developments included within the TIA: • Amberleigh Shores IIB Development Status: Project is under construction. Planning Board - December 1, 2022 ITEM: 2 - 2 - 11 Z22-21 Staff Report PB 12.1.2022 Page 12 of 19 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Howe Creek and Smith Creek watersheds. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitations for septic suitability). However, the site is expected to be served by CFPUA when developed. OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Blair Elementary, Trask Middle, and New Hanover High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • It is estimated that the site currently does not generate any students. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 32 additional students than would be generated under current zoning. • 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 most 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) Proposed (CZD) RMF-M Zoning 144 Residential Units Approximate** Total: 32 (13 elementary, 7 middle, 10 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2022-2023 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 0.07 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. Planning Board - December 1, 2022 ITEM: 2 - 2 - 12 Z22-21 Staff Report PB 12.1.2022 Page 13 of 19 • 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** (2022-2023 School Year) *Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year. **Capacity calculations were determined based on the capacities for the 2022 -2023 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. NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed RMF-M CZD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached at 90%. Under the proposed RMF-M district the site would allow for multi-family residential (apartments) and increase housing type diversity by reducing the percentage of single family detached (90% to 88%) and increasing the percentage of multi-family units (4% to 6%). • The subject property is located in the Ogden community area, where 46% of residents currently live within one-mile of a convenience need (grocery store, retail staples, pharmacies, etc.), a support service (urgent care, primary doctor’s office, child & adult care, etc.), and a community facility (public park, school, museum etc.). The propose d RMF-M district would increase the number of residences within one-mile of goods and services (46% to 49%). Level Total NHC Capacity School Enrollment of Assigned School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 91% Blair 421 525 80% None Middle 92% Trask 672 655 103% None High 99% New Hanover 1,467 1,678 87% None Planning Board - December 1, 2022 ITEM: 2 - 2 - 13 Z22-21 Staff Report PB 12.1.2022 Page 14 of 19 Existing Development Current Conditions: Southern parcel abutting Military Cutoff Ext. View of site behind Enoch Chapel Baptist Church Looking west from Market Street Looking west from Market Street 7032 Ruth Avenue View of site from cul-de-sac Looking north from Ruth Avenue Looking east from Ruth Avenue View of site from cul-de-sac View of site from cul-de-sac Looking south from Ruth Avenue Looking southeast from Ruth Avenue Planning Board - December 1, 2022 ITEM: 2 - 2 - 14 Z22-21 Staff Report PB 12.1.2022 Page 15 of 19 REPRESENTATIVE DEVELOPMENTS Representative Developments of B-2: Bayshore Commons Bayshore Commons Planning Board - December 1, 2022 ITEM: 2 - 2 - 15 Z22-21 Staff Report PB 12.1.2022 Page 16 of 19 Representative Developments of RMF-M: Amberleigh Shores Cambridge Village Planning Board - December 1, 2022 ITEM: 2 - 2 - 16 Z22-21 Staff Report PB 12.1.2022 Page 17 of 19 Context and Compatibility • The property is located just northeast of the future Market Street – Military Cutoff Road extension interchange. • The subject property is located along one of the county’s more densely developed corridors and in between the City of Wilmington and the Kirkland – Porters Neck commercial node. • The Market Street Corridor has seen a shift from lower density uses to more intense, compact, and denser developments. • The property is in close proximity to the recreational amenities within Ogden Park. • Given the commercial development fronting the Market Street corridor to the south and the extension of Military Cutoff to the west, the proposed multi-family development could be an appropriate transition between those heavily traveled corridors and the single-family residential uses along Ruth Avenue rather than uses possible within the existing B-2 zoning. • Required setbacks are placed to limit the level of impacts along the property boundaries and are contingent on the type and scale of development located on this parcel. The applicant has positioned the proposed multi-family structures to be setback 100’ from the residential uses along Ruth Avenue. • Transitional buffers also serve as a mitigation method to limit impacts on adjacent uses. The applicant has provided a landscape buffer along the property line between the multi-family residential structure and the existing single-family dwelling. 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. Z22-21 Planning Board - December 1, 2022 ITEM: 2 - 2 - 17 Z22-21 Staff Report PB 12.1.2022 Page 18 of 19 Future Land Use Map Place Type Urban Mixed Use 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, at the intersection of Market Street, a heavily traveled roadway corridor, and the future Military Cutoff Extension, between the City of Wilmington and the Kirkland – Porters Neck commercial node. This corridor has been undergoing a gradual shift from single family, residentially-zoned properties, to more intense commercial uses and denser residential developments. 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 classification intends for moderate to high densities while also providing a transition between the existing lower density housing and higher intensity commercial uses along heavily traveled roadway corridors, such as the Market Street Corridor. The site is bounded to the north by existing single-family dwellings, utilities, and Ruth Avenue, and to the south by business and institutional uses and the Market Street right-of-way. These areas are classified as Urban Mixed Use within the Future Land Use Map. The site is bounded to the west by the Military Cutoff Extension, an extension of a multi-lane arterial roadway. As such, the proposal could serve as an appropriate infill and transitional development. In addition, the project is in line with the preferred density range of the Urban Mixed Use place type, promotes the mixture of uses recommended within the Urban Mixed Use place type, and supports the Comprehensive Plan’s goal to provide for a range of housing types and opportunities for households of different sizes and income. Consistency Recommendation The proposed RMF-M zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in line with the densities recommended for Urban Mixed Use areas, especially near growth nodes, than the existing zoning. Additionally, the shape and form of the development proposed could serve as an appropriate transition from the existing single-family dwellings along Ruth Avenue from the Military Cutoff Extension, the commercial and institutional uses, and the power station. Planning Board - December 1, 2022 ITEM: 2 - 2 - 18 Z22-21 Staff Report PB 12.1.2022 Page 19 of 19 STAFF RECOMMENDATION The proposal is located along a major arterial roadway between the Kirkland – Porters Neck Commercial Node and the City of Wilmington where uses have shifted from low density residential and smaller scale businesses into developments that are more compact, of higher density, and of higher intensity. The proposal could also serve as an appropriate transition between the heavily traveled Market Street Corridor and the future Military Cutoff Extension to the abutting, less intense land uses. Because this proposal is in line with the Comprehensive Plan recommendations for this area, is similar in form and density to other projects, such as Amberleigh Shore and The Park at Three Oaks, located along this portion of the Market Street corridor, and could serve as an appropriate transition between the less intense land uses and the roadway corridors, staff recommends approval of this application and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning to a (CZD) RMF-M district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in-line with those recommended for the property. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a transition between the existing land uses along Ruth Avenue, the roadway to the west, and the commercial uses to the south, and will provide additional housing in close proximity to existing and future commercial development in between the City of Wilmington and the Kirkland – Porters Neck Commercial Node. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) RMF-M district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in-line with those recommended for the property, 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 density will adversely impact the adjacent neighborhoods. Planning Board - December 1, 2022 ITEM: 2 - 2 - 19 Planning Board - December 1, 2022 ITEM: 2 - 3 - 1 Planning Board - December 1, 2022 ITEM: 2 - 4 - 1 Planning Board - December 1, 2022 ITEM: 2 - 5 - 1 Initial Application Documents & Materials Planning Board - December 1, 2022 ITEM: 2 - 6 - 1 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 1 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 2 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 3 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 4 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 5 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 6 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 7 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 8 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Carolyn Kaham Planning Board - December 1, 2022 ITEM: 2 - 7 - 9 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 10 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 11 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 12 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 13 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 14 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Carolyn Kaham Planning Board - December 1, 2022 ITEM: 2 - 7 - 15 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 16 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 17 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 18 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 19 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Planning Board - December 1, 2022 ITEM: 2 - 7 - 20 DocuSign Envelope ID: DD0C28F3-CB30-4963-9270-C9DC68060B0E Carolyn Kaham Planning Board - December 1, 2022 ITEM: 2 - 7 - 21 1 2 2 C I N E M A D R I V E, W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 7 9 1 - 6 7 6 0 Date: November 1, 2022 Ruth Avenue Tract Conditional Zoning Supplemental Information Project Narrative Paramounte Engineering (PEI) is working for the developer, Stout Operating Firm, LLC, on the requested conditional rezoning of the subject + 10.9 acres of property located at the end of Ruth Avenue and adjacent to the new Military Cutoff Extension (MCOE) . The land is currently primarily zoned B-2 with a small portion of R-15. The parcels are located in New Hanover County and are further identified as: + 5.65 acres located at 7011 Ruth Avenue (PID R04409-004-006-000), zoned B-2 + 3.43 acres of utility easements associated with the MCOE located at 7001 Market Street (PID R04400-002-008-000), zoned B-2 + 0.31 acres located at 7035 Market Street (PID R04400-002-016-000), zoned R-15 + 0.35 acres located at 7032 Ruth Avenue (PID R04409-004-004-000), zoned R-15 In addition to the developable land area, the + 10.9 acres of land purchased for this development includes all of the Ruth Avenue Private Right-of-Way, and the existing road will be maintained by the developer/property owner’s association. This subject site is currently owned by various members of the Nixon family heirs and/or family trusts with this landholding, as well as the land around the subject property, dating back over 100 years and several generations of the Nixon family. Over time, the family members have sold or developed portions of their landholdings. Most recently, NCDOT acquired Nixon land to construct the MCOE connection to Market Street. With this new road construction, this rezoning’s subject parcels were cut off from connection to other single family areas, with exception to the family’s existing properties along Ruth Avenue. The subject site was part of a 17 lot single family subdivision. 8 lots were developed as single family homes for the Nixon family and are owned by various members of the family; however, the remaining 9 lots were platted but not developed. The family now wishes to abandon the previous undeveloped single family lots as well as two developed single family lots they own and is selling the land for development by others. Most of the proposed development is zoned in the B-2 Regional Business zoning district which allows for a wide variety of commercial uses such as car lots and big to small retail stores. However, this site has no direct visibility for Market Street and a row of businesses already exist along Market, making this a second row commercial tract. The site does have direct visibility, but no access from the new MCOE. These two factors make development of the land as commercial in the existing zoning difficult. The land is bordered by the commercial corridor along Market and the new highway, but also by Duke Power’s utility substation and New Hanover County’s Ogden Park. As previously mentioned, Ruth Avenue and derelict homes along Market Street are the only single family uses near the property. Planning Board - December 1, 2022 ITEM: 2 - 7 - 22 Page 2 of 3 The future land use plan identifies roughly 266 acres in and around the subject site as Urban Mixed Use. This place type designations promotes a variety of land uses compatible with, but other than the traditional commercial uses allowed in B-2. One compatible land use is multi-family housing. By developing this site as multi-family, it creates a classic development transition found in Urban Mixed Use projects in which the commercial is located along the arterial roads, like Market Street, transitions to a less intense, but dense use or housing typology, like multi-family, and then transitions to civic uses like parks, churches and utilities before transitioning to single family. Because of the relatively low impact to the surrounding land uses and the physical location of the property, multi- family is a well-suited land use on the subject property. The site is most accessible by Ruth Avenue, which is proposed as the primary access; however a multi-family project is generally best designed with an alternate access. Therefore, the developer is proposing to include a parcel accessing Market Street for the purpose of a project access. At this time, we believe NCDOT will only allow a right in/ right out at this location. The trip generation for 144 units does not exceed the amount of trips that require a traffic impact analysis, but the developer is working with a traffic consultant and NCDOT on project related road design requirements. If a rezoning is granted, the developer will continue work with NCDOT to determine the fully engineered design of the road connection and associated improvements. The primary access along Ruth Avenue will be controlled by the developer and maintained for use by the existing properties along the road. Proposed Conditions The development will be built in accordance with the conditional rezoning plan, the UDO, and any approved modifications to the plan. Conditional Zoning District Considerations – Criteria: 1. How would the requested change be consistent with the County’s policies for growth and development? The County plans and policies promote higher density and mixed-use development along major corridors with transitions from major corridors to denser housing to less dense housing. This project establishes infills the transition especially now that the new highway is being constructed. The property is located adjacent to the intersection of Market Street and the Military Cutoff Extension, making it more appropriate for higher density housing close to major arterial/highway collector roads. The site’s location is not only good for proximity to and intersection of major road networks, it is also located directly behind commercial and nearby to regional commercial shopping centers, like Mayfair. 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? The subject property is classified as Urban Mixed Use in the County’s Comprehensive Plan. This place type promotes development of a mix of residential, office, and retail uses at higher densities. Muti- family residential uses are preferred in this place type, with a moderate to high ideal density. The multi-family is located near commercial but will also provide access easement to a planned adjacent small office. This development will give the office access to both Ruth Avenue and improved, safer access to Market Street than the site currently has. As such, the planned interconnectivity furthers Planning Board - December 1, 2022 ITEM: 2 - 7 - 23 Page 3 of 3 integrated mixed uses, even by different developers. Residential buildings are recommended to be 2-5 stories in height, such as we propose. Overall, the proposal is consistent with the use, density, and height recommendations of the Urban Mixed Use place type and support the County’s policy to increase density in Urban Mixed Use areas within close proximity to the City of Wilmington. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? While the existing site is primarily zoned B-2 with single family platted, undeveloped lots, circumstances have changed this site since that zoning action. The NCDOT’s Military Cutoff Extension project bisected the property and occupies an additional + 3.5 acres in utility easements. The remnant land is encumbered and cut off from area single family, except the land seller/family’s single family lots along Ruth Avenue. Now that the MCOE is in place and about to open for use, the site is more appropriate for a higher density housing but is not well suited for commercial due to restricted access from major arterials. Also, a multi-family residential development would be more compatible with the existing homes on Ruth Ave than if the property was developed under the current B-2 zoning. Planning Board - December 1, 2022 ITEM: 2 - 7 - 24 Table 1: Site Trip Generation Summary Land Use (ITE Code) Intensity Daily Traffic (vpd) Weekday AM Peak Hour Trips (vph) Weekday PM Peak Hour Trips (vph) Enter Exit Total Enter Exit Total Multifamily Housing (Mid-Rise) (221) 144 units 640 12 40 52 34 23 57 Planning Board - December 1, 2022 ITEM: 2 - 7 - 25 October 26, 2022 RE: Meeting Notes for Neighborhood Meeting -Ruth Avenue Tract (Nixon Properties) Paramounte Engineering, Inc. and Stout Ventures, LLC hosted an open house style Neighborhood Meetings after notifying adjacent property owners of the meeting held on Wednesday, October 26, 2022, from 5:00-7:00 PM. All attendees support the project. Relatives of/adjacent landowners of the Nixon Property owner and one adjacent neighbor attended the meeting. Paramounte Engineering (PEI) and the developer representatives gave a brief presentation of the project to attendees and answered questions about site access. The relatives of the property owner shared the history of the site dating back to the original family member owner of the land, a great, great grandmother. The land has been in the Nixon family for many generations and they are now ready to sell this portion of their property. One neighbor plans to construct an office on the adjacent tract and requested an easement and vehicular access from the subject property’s entrance road. The developer representatives agreed, and PEI subsequently revised the plan to include the additional access. The advantage of the shared access is the elimination of one driveway conflicting with this proposed site access. This revision also creates safer access for the neighbor’s office. Planning Board - December 1, 2022 ITEM: 2 - 7 - 26 Planning Board - December 1, 2022 ITEM: 2 - 7 - 27 NIXON ASSOCIATES LLC 1033 CRANFORD DR WILMINGTON, NC 28411 6991 MARKET ST WILMINGTON MT ARARAT AME CHURCH TRUSTEES 7061 MARKET ST WILMINGTON, NC 28411 7061 MARKET ST WILMINGTON HOSTETLER MELISSA 1125 HARBORSIDE CT WILMINGTON, NC 28411 7053 RUTH AVE WILMINGTON NIXON CARRIE L 32 HAMPTON DR CASTLE HAYNE, NC 28429 7048 RUTH AVE WILMINGTON WILLIAMS LOUISE EVANS 7047 MARKET ST WILMINGTON, NC 28405 7047 MARKET ST WILMINGTON CAROLINA POWER & LIGHT CO PO BOX 1110 WILMINGTON, NC 28402 209 OGDEN PARK DR WILMINGTON JWC LLC PO BOX 895 WRIGHTSVILLE BEACH, NC 28480 7018 MARKET ST WILMINGTON JWC LLC PO BOX 895 WRIGHTSVILLE BEACH, NC 28480 7016 MARKET ST WILMINGTON MAKI HOLDINGS LLC 2109 WHISKEY BRANCH DR WILMINGTON, NC 28409 7036 MARKET ST WILMINGTON SPICER SHERLENE RENE 3032 THAYER ST NE WASHINGTON, DC 20018 7034 MARKET ST WILMINGTON FALL LINE PROPERTIES LLC 1200 LINDSAY ST E GREENSBORO, NC 27405 7014 MARKET ST WILMINGTON NIXON RUTH M 1033 CRANFORD DR WILMINGTON, NC 28411 7049 RUTH AVE WILMINGTON CERVANTES ALVARO MARIA 7015 MARKET ST WILMINGTON, NC 28401 EVANS ROBERT ETAL 7037 MARKET ST WILMINGTON, NC 28405 7037 MARKET ST WILMINGTON NIXON ASSOCIATES LLC 1033 CRANFORD DR WILMINGTON, NC 28411 7035 MARKET ST WILMINGTON MCCALL SAM FAMILY LIMITED PARTNERSHIP 215 ROBBINS ST GREENSBORO, NC 27416 7019 MARKET ST WILMINGTON CERVANTES ALVARO 7015 MARKET ST WILMINGTON, NC 28411 7043 MARKET ST WILMINGTON NC DEPARTMENT OF TRANSPORTATION 1546 MAILSERVICE RD RALEIGH, NC 27611 6981 MARKET ST WILMINGTON NIXON ASSOCIATES LLC 1033 CRANFORD DR WILMINGTON, NC 28411 7001 MARKET ST WILMINGTON LEES CUT INVESTMENTS LLC PO BOX 476 WRIGHTSVILLE BEACH, NC 28480 7021 MARKET ST WILMINGTON CERVANTES ALVARO MARIA 7015 MARKET ST WILMINGTON, NC 28401 7015 MARKET ST WILMINGTON ENOCH CHAPEL MISSIONARY BAPTIST CHURCH 7011 MARKET ST WILMINGTON, NC 28405 7011 MARKET ST WILMINGTON CHASE & DYLAN MIHALY LLC 7500 ANACA POINT RD WILMINGTON, NC 28411 7031 MARKET ST WILMINGTON NIXON SANDRA L 5317 BLUE SAGE DR RALEIGH, NC 27606 7044 RUTH AVE WILMINGTON NIXON CORNELIUS E III 5317 BLUE SAGE DR RALEIGH, NC 27606 7040 RUTH AVE WILMINGTON NIXON CORNELIUS E REV TRUST 1033 CRANFORD DR WILMINGTON, NC 28411 7032 RUTH AVE WILMINGTON WILLIAMS KENNETH L GLORIA E 7036 RUTH AVE WILMINGTON, NC 28411 7036 RUTH AVE WILMINGTON C310 CAMPUS PROPERTIES LLC 2180 TALMAGE DR LELAND, NC 28451 7028 MARKET ST WILMINGTON NIXON RONALD E GWENDOLYN S 7033 RUTH AVE WILMINGTON, NC 28411 7033 RUTH AVE WILMINGTON BLOODWORTH JOANN NIXON 9623 BAYVIEW PKWY CHARLOTTE, NC 28216 7045 RUTH AVE WILMINGTON NIXON ALICIA MARIE 1541 EASTBOURNE DR WILMINGTON, NC 28411 7041 RUTH AVE WILMINGTON KAHAM CAROLYN NIXON 5317 BLUE SAGE DR RALEIGH, NC 27606 7037 RUTH AVE WILMINGTON YOUNG SARAH VICTORIA 1912 PIPER RIDGE CT WALNUT CREEK, CA 94597 7032 MARKET ST WILMINGTON CORNELIUS NIXON TRUSTB 1033 CRANFORD DR WILMINGTON, NC 28411 7011 RUTH AVE WILMINGTON CARDINAL LANES, INC.7026 MARKET STREET WILMINGTON, NC 28411 7022,7026 MARKET ST WILMINGTON 1 Planning Board - December 1, 2022 ITEM: 2 - 7 - 28 August 10, 2022 22143.PE Nixon Associates, LLC Tract A PARID: R0400-002-008-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by Nixon Associates, LLC, as shown in Deed Book 3174, Page 337 (PARID: R04400-002-008-000) of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron pipe found (NC Grid coordinates of N: 190449.41, E: 2355119.66) at the southeast corner of Map Book 38 at Page 266. Thence with the eastern line of Map Book 38 at Page 266, N 56°33’42” W – 230.03 feet to an iron pipe found and the southeastern corner of Lot 9. Thence with the southern line of Lot 9 the following courses; S 33°40’26” W – 64.10 feet to an iron pipe found; S 33°39’28” W – 208.61 feet to an iron pipe found. Said iron pipe found is the principal place of beginning. Thence with the western line of Enoch Chapel Missionary Baptist Church as shown in Deed Book 5498 at Page 2602 the following courses; S 56°33'43" E - 250.02 feet to a NCDOT right of way disk found; S 51°24'39" E - 57.21 feet to an iron rod set on the northern right of way of US 17; Thence with the northern right of way of US 17 the following courses; S 38°32'43" W - 18.87 feet to a point; S 39°38'50" W - 70.59 feet to a point; Thence with the eastern line of NCDOT as shown in Deed Book 6148 at Page 1696 the following courses; N 87°14'35" W - 134.41 feet to a point; N 50°21'10" W - 439.74 feet to a point; N 48°46'40" W - 162.07 feet to a point; N 42°09'30" W - 165.92 feet to a point; N 35°47'25" W - 163.12 feet to a point; N 30°27'04" W - 190.48 feet to an iron rod set; Thence with the western line of Carolina Power and Light Company as shown in Deed Book 1438 at Page 500, S 55°49'38" E - 586.82 feet to an iron rod set; Thence with the northern line of The Cornelius Nixon Trust as shown in Deed Book 1778 at Page 220, S 42°36'23" W - 83.31 feet to a point; Thence with the western line of The Cornelius Nixon Trust, S 56°33'42" E - 326.40 feet to an iron pipe found. Said Iron pipe found is the principal place of beginning. Having an area of 149,524 square feet or 3.43 acres, more or less. Planning Board - December 1, 2022 ITEM: 2 - 7 - 29 August 10, 2022 22143.PE The Cornelius Nixon Trust Tract B PARID: R04409-004-006-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by The Cornelius Nixon Trust, as shown in Deed Book 1778, Page 220 (PARID: R04409-004-006-000) of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron pipe found (NC Grid coordinates of N: 190449.41, E: 2355119.66) at the southeast corner of Map Book 38 at Page 266. Said iron pipe found is the Principal Place of Beginning for this description. Thence with the eastern line of Alvaro & Maria Cervantes as shown in Deed Book 5172 at Page 2191 and Map Book 38 at Page 266, N 56°33'42" W - 230.03 feet to an iron pipe found; Thence with the northern line of Alvaro & Maria Cervantes, S 33°40’26” W – 64.10 feet to an iron pipe found; Thence with the northern line of Enoch Chapel Missionary Baptist Church as shown in Deed Book 5498 at Page 2602, S 33°39’28” W – 208.61 feet to an iron pipe found; Thence with the eastern line of Nixon Associates, LLC as shown in Deed Book 3174 at Page 337, N 56°33'42" W - 326.40 feet to a point in the centerline of the former S.C.L. Railroad (abandoned); Thence with the centerline of the former S.C.L. Railroad, N 42°36'23" E – 630.39 feet to an iron rod set at the northwestern corner of Lot 16R as shown in Map Book 49 at Page 189; Thence with the western line of Lot 16R and Ronald Edward Nixon as shown in Deed Book 4994 at Page 164, S 52°09'49" E - 239.53 feet to an iron rod set on the right of way of Ruth Avenue (50-foot Private Right of Way); Thence with a curve turning to the left with a radius of 50.00 feet, with an arc length of 138.29 feet, with a chord bearing of S 82°45'43" E, with a chord length of 98.24 feet, and a delta angle of 158°28'09", to an iron rod set; Thence with the western line of a 50-foot wide private right of way, S 52°09'54" E - 106.95 feet to an iron rod set; Thence with the northern line of Chase & Dylan Mihaly, LLC as shown in Deed Book 6237 at Page 848, S 43°25'10" W - 9.25 feet to an iron rod found; Planning Board - December 1, 2022 ITEM: 2 - 7 - 30 Thence with the northern lines of Lees Cut Investments, LLC as shown in Deed Book 2590 at Page 399, Sam McCall Family Limited Partnership as shown in Deed Book 5289 at Page 2506, and Alvaro & Maria Cervantes as shown in Deed Book 5172 at Page 2191, S 29°25'43" W - 358.22 feet to an iron pipe found. Said Iron pipe found is the principal place of beginning. Tract B having an area of 245,930 square feet or 5.65 acres, more or less. Planning Board - December 1, 2022 ITEM: 2 - 7 - 31 August 10, 2022 22143.PE Cornelius Nixon Share A Trust Tract D PARID: R04409-004-004-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by Cornelius Nixon Share A Trust, as shown in Deed Book 5604, Page 2246 (PARID: R04409-004-004-000) and Lot 4R as shown in Map Book 49 at Page 189 of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron rod found at the southwest corner of Lot 4R as shown in Deed Book 5604 at Page 2246 and Map Book 49 at Page 189. Said iron rod found is the Principal Place of Beginning for this description. Thence with the western line of Lot 4R, N 52°10'00" W - 154.70 feet to an iron rod set on the southern line of Ruth Avenue (50’ wide private right of way, Map Book 49, Page 189); Thence with the southern line of Ruth Avenue, N 41°24'17" E - 101.18 feet to an iron rod set; Thence leaving Ruth Avenue and with the western line of Lot 3R as shown in Deed Book 5099 at Page 186 and Map Book 49 at Page 189, S 48°35'43" E - 157.62 feet to an iron rod found; Thence leaving the western line of Lot 3R and with the northern line of Nixon Associates, LLC as shown in Deed Book 6268 at Page 2451 and the northern line of Chase and Dylan Mihaly, LLC as shown in Deed Book 6237 at Page 848, S 43°25'10" W - 91.60 feet to an iron rod found. Said iron rod found is the principal place of beginning. Tract D having an area of 15,026 square feet or 0.35 acres, more or less. Planning Board - December 1, 2022 ITEM: 2 - 7 - 32 August 10, 2022 22143.PE Nixon Associates, LLC Tract E PARID: R04400-002-016-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by Nixon Associates, LLC, as shown in Deed Book 6268, Page 2451 (PARID: R04400-002-016-000) of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron rod found at the southwest corner of Lot 4R as shown in Deed Book 5604 at Page 2246 and Map Book 49 at Page 189. Thence with the southern line of Lot 4R, N 43°25’10” E – 32.20 feet to an iron rod set. Said iron rod set is the Principal Place of Beginning for this description. Thence with the southern line of Lot 4R and 3R, N 43°25'10" E - 74.63 feet to an iron rod set; Thence leaving the southern line of Lot 3R and with the western line of Willie Blanche Evans as shown in Deed Book 2808 at Page 151, S 50°15'51" E - 184.04 feet to an iron rod set on the northern right of way of US 17; Thence with the northern right of way of US 17, S 39°17'39" W - 71.63 feet to an iron rod set; Thence leaving the right of way line of US 17 and with the eastern line of Chase & Dylan Mihaly, LLC as shown in Deed Book 6237 at Page 848, N 51°07'29" W - 189.41 feet to an iron rod set on the southern line of Lot 4R. Said Iron rod set is the principal place of beginning. Having an area of 13,637 square feet or 0.31 acres. Planning Board - December 1, 2022 ITEM: 2 - 7 - 33 Concept Plan Planning Board - December 1, 2022 ITEM: 2 - 8 - 1 SITE MA R K E T S T G O R D O N R D M I D D L E S O U N D L O O P R D MI L I T A R Y C U T O F F R D EL O G D E N D R RU T H A V E COVER SHEET EXISTING CONDITIONS SURVEY NOVEMBER 2022 APPLICANT: RUTH AVENUE NIXON PROPERTIES STOUT OPERATING FIRM 170 MEETING STREET #334 CHARLESTON, SC 29403 CONDITIONAL REZONING SITE PLAN NEW HANOVER COUNTY, NORTH CAROLINA RUTH AVENUE PROPERTY OWNER: STOUT OPERATING FIRM 170 MEETING STREET #334 CHARLESTON, SC 29403 NOTICE REQUIRED ALL EXISTING UNDERGROUND UTILITIES SHALL BE PHYSICALLY LOCATED PRIOR TO THE BEGINNING OF ANY CONSTRUCTION IN THE VICINITY OF SAID UTILITIES. CONTRACTORS SHALL NOTIFY OPERATORS WHO MAINTAIN UNDERGROUND UTILITY LINES IN THE AREA OF PROPOSED EXCAVATION AT LEAST TWO WORKING DAYS, BUT NOT MORE THAN TEN WORKING DAYS PRIOR TO COMMENCEMENT OF EXCAVATION OR DEMOLITION. CONTRACTORS SHALL CONTACT OVERHEAD ELECTRIC PROVIDER TO COMPLY WITH FEDERAL OSHA 1910.333 MINIMUM APPROACH DISTANCE TO ENERGIZED POWERLINES AND OSH 29 CFR 1926.1407-1411 MUST BE FOLLOWED. Know what's below. before you dig.Call R CONTACT THESE UTILITIES NEW HANOVER COUNTY PLANNING DEPARTMENT PH: 910-798-7165 PIEDMONT NATURAL GAS ATTN: CARL PAQUET PH: 910-350-2242 EMERGENCY DIAL 911 POLICE - FIRE - RESCUE CFPUA (WATER & SEWER) PH: 910-332-6550 DUKE ENERGY PROGRESS GENERAL PH: 1-800-452-2777 AT&T ATTN: STEVE DAYVAULT PH: 910-341-7664 SPECTRUM GENERAL PH: 800-892-4357 PREPARED BY: PROJECT # 22143.PE PR E L I M I N A R Y D E S I G N - N O T R E L E A S E D F O R C O N S T R U C T I O N 122 Cinema Drive Wilmington, North Carolina 28403 (910) 791-6707 (O) (910) 791-6760 (F) NC License #: C-2846 RUTH AVENUE NIXON PROPERTIES SHEET NUMBER SHEET TITLE PROJECT CONSULTANTS SHEET INDEX NOVEMBER 1, 2022 SURVEYOR PARAMOUNTE ENGINEERING, INC. 122 CINEMA DRIVE WILMINGTON, NC 28403 JOSH TAYLOR, PLS (910-791-6707) ENGINEER/ LAND PLANNER/ LANDSCAPE ARCHITECT PARAMOUNTE ENGINEERING, INC. 122 CINEMA DRIVE WILMINGTON, NC 28403 CIVIL: ROB BALLAND, PE (910-791-6707) LANDSCAPE ARCHITECT: ALLISON ENGEBRETSON, RLA (910-791-6707) CONDITIONAL REZONING SITE PLAN APPLICANT: CONDITIONAL REZONING SITE PLANC-2.0 NIXON ASSOCIATES , LLC 7049 RUTH AVENUE WILMINGTON, NC 28411 EX-1 C-0.0 VICINITY MAP 1" = 2,000' NORTH Planning Board - December 1, 2022 ITEM: 2 - 9 - 1 OHE OH E OH E SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT UT O H E OHE OHE OHE OHE OHE EXISTING 30' UTILITY ESM T EXISTING OH ELECTRIC & P O L E S EXISTING SANITARY SEWER TR T R OHEOHEOHEOHEOHEOHE OHE OHE OHE OHE OHE OH E OH E OH E OH E T V TV OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E TR TV N 39°47'21" E N 5 6 ° 3 3 ' 4 2 " W 2 3 0 . 0 3 ' S 33°39'28" W 208 . 6 1 ' S 33°40'26" W 64.10' S 5 6 ° 3 3 ' 4 3 " E 2 5 0 . 0 2 ' N 8 7 ° 1 4 ' 3 5 " W 1 3 4 . 4 1 ' N 5 0 ° 2 1 ' 1 0 " W 4 3 9 . 7 4 ' N 4 8 ° 4 6 ' 4 0 " W 1 6 2 . 0 7 ' N 4 2 ° 0 9 ' 3 0 " W 1 6 5 . 9 2 ' N 3 5 ° 4 7 ' 2 5 " W 1 6 3 . 1 2 ' N 3 0 ° 2 7 ' 0 4 " W 1 9 0 . 4 8 ' S 5 5 ° 4 9 ' 3 8 " E 5 8 6 . 8 2 ' N 42°36'23" E 547.10' S 5 2 ° 0 9 ' 5 4 " E 1 0 6 . 9 5 ' S 29°25'43" W 3 5 8 . 2 2 ' L1 L2 L3 L7 C 1 S 39°38'50" W 70.59' N 41°24'17" E 101.18' S 4 8 ° 3 5 ' 4 3 " E 1 5 7 . 6 2 ' S 43°25'10" W 91.60' 32.20' S 5 0 ° 1 5 ' 5 1 " E 1 8 4 . 0 4 ' S 39°17'39" W 71.63' N 5 1 ° 0 7 ' 2 9 " W 1 8 9 . 4 1 ' N 43°25'10" E 74.63' 15.23' S 5 2 ° 0 9 ' 4 9 " E 2 3 9 . 5 3 ' N 42°20'31" E 386.88' L9 S 5 6 ° 3 3 ' 4 2 " E 3 2 6 . 4 0 ' N 5 2 ° 1 0 ' 0 0 " W 1 5 4 . 7 0 ' C 6 C4 C5 S 41°24'17" W 458.57' TOTAL N 41°24'17" E 525.65' TOTAL 95.60'92.90'83.03'85.86' 90.15'112.53'105.00'105.00'112.97' C10 APPROXIMATE WETLANDS ± 0.39 WE T WE T W E T WE T WE T WE T WET 4 8 44 44 44 44 4 4 46 48 48 46 44 44 48 48 46 46 4 6 48 44 4 4 44 CAROLINA POWER & LIGHT CO PARID: R04400-001-001-002 D.B. 1438, PG. 500 ZONING: R-15 LAND USE: POWER STATION 16R RONALD EDWARD NIXON & GWENDOLYN SMITH NIXON PARID: R04409-004-016-000 D.B. 4994, PG. 164 M.B. 49. PG. 189 ZONING: R-15 LAND USE: RESIDENTIAL 50 ' P R I V A T E RI G H T O F W A Y KE N N E T H L . & G L O R I A E . WI L L I A M S PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 3 - 0 0 0 D. B . 5 0 9 9 , P G . 1 8 6 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L WILLIE BLANCHE EVANS LIFE ESTATE PARID: R04400-002-017-000 D.B. 2808, PG. 151 ZONING: R-15 LAND USE: RESIDENTIAL LEES CUT INVESTMENTS LLC PARID: R04400-002-014-000 D.B. 2590, PG. 399 ZONING: B-2 LAND USE: RETAILSAM MCCALL FAMILY LIMITED PARTNERSHIP PARID: R04400-002-011-000 D.B. 5289, PG. 2506 ZONING: B-2 LAND USE: RETAIL ENOCH CHAPEL MISSIONARY BAPTIST CHURCH PARID: R04409-004-006-000 D.B. 5498, PG. 2602 ZONING: B-2 LAND USE: CHURCH ALVARO & MARIA CERVANTES PARID: R04400-002-011-001 D.B. 5172, PG. 2191 ZONING: B-2 LAND USE: RETAIL A L V A R O & M A R I A C E R V A N T E S P A R I D : R 0 4 4 0 0 - 0 0 2 - 0 1 2 - 0 0 0 D . B . 5 1 7 2 , P G . 2 1 9 1 M . B . 3 8 , P G . 2 6 6 Z O N I N G : B - 2 LA N D U S E : V A C A N T L A N D CO R N E L I U S E D W A R D N I X O N I I I PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 2 - 0 0 0 D. B . 6 0 7 6 , P G . 8 0 9 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L SA N D R A L E I G H N I X O N PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 1 - 0 0 0 D. B . 6 0 7 6 , P G . 8 1 9 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L CA R O L Y N N I X O N K A H A M PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 7 - 0 0 0 D. B . 5 9 7 2 , P G . 5 8 3 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : V A C A N T L A N D AL I C E M A R I E N I X O N PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 8 - 0 0 0 D. B . 6 0 2 3 , P G . 3 2 5 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L JO A N N N I X O N B L O O D W O R T H PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 9 - 0 0 0 D. B . 4 9 9 4 , P G . 1 2 4 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L RUTH M NIXON PARID: R04400-002-046-000 D.B. 1272, PG. 960 M.B. 61, PG. 72 ZONING: R-15 LAND USE: RESIDENTIAL CA R R I E L . N I X O N PA R I D : R 0 4 4 0 0 - 0 2 2 - 0 0 2 - 0 0 0 D. B . 4 9 9 4 , P G . 1 4 4 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L CHASE & DYLAN MIHALY, LLC PARID: R04400-002-015-000 D.B. 6237, PG. 848 ZONING: B-2 (CZD) LAND USE: VACANT LAND UNDERSTORY LOBLOLLY PINE CLUSTER OF 12", 15", AND 16" WATER OAKS 11" WATER OAK 3" - 6" LIVE OAK AND WATER OAK LIVE OAKS IN CEMETARY 4" - 6" LOBLOLLY PINE; 10" - 13" LAUREL OAKS AND WATER OAKS; OPEN UNDERSTORY; 1" - 3" LIVE OAK, 3" - 5" WATER OAK, & OPEN UNDERSTORY MIX OF 6" - 10" LOBLOLLY PINES AND SLASH PINES SPORADIC 3" - 5" WATER OAK POCKET OF 8" - 10" LAUREL OAKS AND LIVE OAKS DYING LAUREL OAK MIX OF 3" - 8" WATER OAK AND LOBLOLLY PINE WATER OAKS MOSTLY 3" - 4" UNDERSTORY OF WAX MYRTLE AND RED BAY 1" - 3" LOBLOLLY PINES OPEN LICHEN OPEN UNDERSTORY W A T E R O A K / L I V E O A K , W A X M Y R T L E , A N D L O B L O L L Y P I N E S 8" - 12" LOBLOLLY PINE & SLASH PINE; SPORADIC 15" LOBLOLLY PINE; UNDERSTORY 4" - 6" WATER OAK; 1" - 2" LIVE OAK EXISTING DITCHES ± 3" - ± 6" WATER OAK 5" - 12" LOBLOLLY PINE SPORADIC ± 4" RED MAPLE WAX MYRTLE UNDERSTORY LIGHT UNDERSTORY RED BAY OPEN AREA WITH SOME DYING / CLEARED TREES LO 22 LO 18 WO 10 LP 15 LO 34 (ON MOUND) LP 8LP 8 WO 24 LO 20 LO 11,12 WO 15 WO 12 WO 16 LO 24 LO 20 LAO 16 LAO 9 LO 9,9,10 WO 6 LP 21 WO 6LP 9 LLP 18 LINE BEARING DISTANCE L1 S 43°25'10" W 9.25' L2 S 51°24'39" E 57.21' L3 S 38°32'43" W 18.87' L4 N 55°49'38" W 33.98' L5 S 34°25'27" E 48.43' L6 S 81°11'28" W 40.00' L7 N 48°59'59" E 1.38' L8 N 55°19'38" W 13.61' L9 S 42°36'23" W 83.31' CURVE RADIUS ARC LENGTH DELTA CHORD LENGTH CHORD BEARING C1 50.00'138.29'158°28'09"98.24'S 82°45'43" E C2 930.00'191.69'11°48'36"191.35'N 14°42'50" W C3 890.00'96.55'6°12'57"96.51'N 05°42'04" W C4 20.00'25.62'73°22'56"23.90'S 04°42'20" W C5 50.00'11.16'12°47'28"11.14'S 25°35'57" E C6 50.00'209.95'240°35'25"86.34'N 78°54'02" W C7 255.00'48.52'10°54'10"48.45'S 28°38'22" W C8 205.00'87.77'24°31'50"87.10'S 35°27'12" W C9 255.00'109.17'24°31'47"108.34'N 35°27'12" E C10 205.00'65.17'18°12'56"64.90'N 32°17'48" E ESMT LINE LEGEND: IRON PIPE FOUND IRON ROD FOUND IRON ROD SET PK NAIL FOUND PK NAIL SET TV RISER TRANSFORMER TELEPHONE RISER WATER METER WATER VALVE FIRE HYDRANT CLEAN-OUT SANITARY SEWER MANHOLE STORM DRAINAGE MANHOLE GRAVE SITE CURB INLET CATCH BASIN GAS METER TREES ADJOINER PROPERTY LINE TR G IPF IRF PKF PKS TV UT UT UNDERGROUND TELEPHONE 100-YR FLOOD ZONE LINE R.O.W. LINE OHE OVERHEAD ELECTRIC DSK NCDOT RIGHT OF WAY DISK LIGHT POLE POWER POLE GUY ANCHOR SS SS SANITARY SEWER GENERAL NOTES 1.SEE SURVEYOR BOUNDARY SURVEY AND LEGAL DESCRIPTIONS FOR TRACT BOUNDARIES. 2.THE SUBJECT PARCELS ARE LOCATED IN ZONE X – MINIMAL FLOOD RISK – AS SHOWN BY FEMA PANEL NUMBER 3720315900J BEARING AN EFFECTIVE DATE OF APRIL 3, 2006. 3.WETLANDS SHOWN THIS PLAN ARE BASED ON DAVEY RESOURCE GROUP PRELIMINARY ASSESSMENT. WETLANDS IN REVIEW FOR DELINEATION. 4.UTILITIES AS SHOWN ARE PLOTTED FROM INFORMATION VISIBLE IN THE FIELD AND FROM INFORMATION PROVIDED BY UTILITY COMPANIES. ADDITIONAL UTILITIES NOT SHOWN MAY EXIST. THE APPROPRIATE UTILITY COMPANIES SHOULD BE CONTACTED PRIOR TO LAND DISTURBING ACTIVITIES. 5.OBSERVED HEADSTONES ON SITE, AS NOTED ON PLAN; FULL EXPLORATION BY SPECIALIST COMPLETED; NO ADDITIONAL GRAVES FOUND ON SITE. 6.TRACT C INCLUDES BOTH CONSTRUCTED, EXISTING RUTH AVENUE PRIVATE ROW AND 50' PRIVATE ROW WITHIN PROJECT BOUNDARY WHICH IS UNCONSTRUCTED AND PROPOSED TO BE ABANDONED / RECOMBINED WITH DEVELOPABLE PROJECT BOUNDARY. EX I S T I N G C O N D I T I O N S S U R V E Y EX-1 11 / 0 1 / 2 2 1" = 1 0 0 ' AR A AH E RP B VICINITY MAP NOT TO SCALE NORTH SITE MA R K E T S T G O R D O N R D M I D D L E S O U N D L O O P R D MI L I T A R Y C U T O F F R D EL O G D E N D R RU T H A V E 0 30 60 120 240 SCALE: 1"=60' GRAPHIC SCALE OBSERVED HEAD STONE ON SITE RU T H A V E N U E N I X O N P R O P E R T I E S NE W H A N O V E R C O U N T Y NO R T H C A R O L I N A 22143.PE ST O U T O P E R A T I N G F I R M 17 0 M E E T I N G S T R E E T # 3 3 4 CH A R L E S T O N , S C 2 9 4 0 3 DA T E : SC A L E : DE S I G N E D : DR A W N : CH E C K E D : PEI JOB#: CO N C E P T U A L L A Y O U T : PR E L I M I N A R Y L A Y O U T : FI N A L D E S I G N : RE L E A S E D F O R C O N S T : PR O J E C T S T A T U S RE V I S I O N S : DR A W I N G I N F O R M A T I O N SEAL CL I E N T I N F O R M A T I O N : 12 2 C i n e m a D r i v e Wi l m i n g t o n , N o r t h C a r o l i n a 2 8 4 0 3 (9 1 0 ) 7 9 1 - 6 7 0 7 ( O ) ( 9 1 0 ) 7 9 1 - 6 7 6 0 ( F ) NC L i c e n s e # : C - 2 8 4 6 PR E L I M I N A R Y D E S I G N - N O T R E L E A S E D F O R C O N S T R U C T I O N EXISTING BUILDINGS TO BE DEMOLISHED TRACT B PROJECT ADDRESS:7011 RUTH AVENUE PROPERTY OWNER:CORNELIUS NIXON TRUST B WILMINGTON, NC 28411 PARCEL PIN: R04409-004-006-000 CURRENT ZONING:B-2 CURRENT LAND USE:VACANT LAND TRACT AREA:± 5.65 AC 100' POWERLINE EASEMENT MARKET STREET / U.S. 17 (PUBLIC ROW - WIDTH VARIES) RUTH AVE (PRIVATE ROW - 50' WIDTH) MI L I T A R Y C U T O F F EX T E N S I O N (U N D E R C O N S T R U C T I O N ; P U B L I C RO W - W I D T H V A R I E S ) EXISTING TREELINE, TYP. THE CORNELIUS NIXON TRUST PARID: R04009-004-006-000 PARID: R04400-002-016-000 TRACT C PROJECT ADDRESS:RUTH AVENUE RIGHT OF WAY PROPERTY OWNER:NEW HANOVER COUNTY PARCEL PIN: N/A CURRENT ZONING:B-2 CURRENT LAND USE:ROAD RIGHT OF WAY RIGHT OF WAY AREA:± 1.01 AC AREA OF ROW TO BE ABANDONED:± 0.15 AC (NOT INCLUDED IN ± 1.01 AC) TRACT D PROJECT ADDRESS:7032 RUTH AVENUE PROPERTY OWNER:CORNELIUS E NIXON REV TRUST WILMINGTON, NC 28411 PARCEL PIN: R04409-004-004-000 CURRENT ZONING:R-15 CURRENT LAND USE:VACANT LAND TRACT AREA:± 0.35 AC TRACT E PROJECT ADDRESS:7035 MARKET STREET PROPERTY OWNER:NIXON ASSOCIATES, LLC WILMINGTON, NC 28411 PARCEL PIN: R04400-002-016-000 CURRENT ZONING:R-15 CURRENT LAND USE:SINGLE FAMILY RESIDENTIAL TRACT AREA:± 0.31 AC TRACT A PROJECT ADDRESS:7001 MARKET STREET PROPERTY OWNER:NIXON ASSOCIATES, LLC WILMINGTON, NC 28411 PARCEL PIN: R04400-002-008-000 CURRENT ZONING:B-2 CURRENT LAND USE:VACANT LAND TRACT AREA:± 3.43 AC EXISTING DITCH, TYP. EXISTING POWER SUBSTATION TRACT A TRACT B TRACT D TRACT E TRACT C EXISTING NCDOT PERMANENT UTILITY EASEMENT (PUE) INCLUDING 16" STORM PIPE & POTENTIAL CFPUA WATER LINE LOCATION 30' WATER & SEWER EASEMENT EXISTING WATER & SEWER EASEMENTS TRACT BOUNDARY, TYP. Planning Board - December 1, 2022 ITEM: 2 - 9 - 2 OHE OH E OH E SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUT UT UT UT UT UT UT UT UT UT UT UT UT UT UT O H E OHE OHE OHE OHEOHEOHEOHEOHEOHEOHE OHEOHE OHEOHE OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E O H E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E O H E OH E CAROLINA POWER & LIGHT CO PARID: R04400-001-001-002 D.B. 1438, PG. 500 ZONING: R-15 LAND USE: POWER STATION 16R RONALD EDWARD NIXON & GWENDOLYN SMITH NIXON PARID: R04409-004-016-000 D.B. 4994, PG. 164 M.B. 49. PG. 189 ZONING: R-15 LAND USE: RESIDENTIAL KE N N E T H L . & G L O R I A E . WI L L I A M S PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 3 - 0 0 0 D. B . 5 0 9 9 , P G . 1 8 6 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L WILLIE BLANCHE EVANS LIFE ESTATE PARID: R04400-002-017-000 D.B. 2808, PG. 151 ZONING: R-15 LAND USE: RESIDENTIAL LEES CUT INVESTMENTS LLC PARID: R04400-002-014-000 D.B. 2590, PG. 399 ZONING: B-2 LAND USE: RETAIL SAM MCCALL FAMILY LIMITED PARTNERSHIP PARID: R04400-002-011-000 D.B. 5289, PG. 2506 ZONING: B-2 LAND USE: RETAIL ENOCH CHAPEL MISSIONARY BAPTIST CHURCH PARID: R04409-004-006-000 D.B. 5498, PG. 2602 ZONING: B-2 LAND USE: CHURCH ALVARO & MARIA CERVANTES PARID: R04400-002-011-001 D.B. 5172, PG. 2191 ZONING: B-2 LAND USE: RETAIL A L V A R O & M A R I A C E R V A N T E S P A R I D : R 0 4 4 0 0 - 0 0 2 - 0 1 2 - 0 0 0 D . B . 5 1 7 2 , P G . 2 1 9 1 M . B . 3 8 , P G . 2 6 6 Z O N I N G : B - 2 L A N D U S E : V A C A N T L A N D CO R N E L I U S E D W A R D N I X O N I I I PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 2 - 0 0 0 D. B . 6 0 7 6 , P G . 8 0 9 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L SA N D R A L E I G H N I X O N PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 1 - 0 0 0 D. B . 6 0 7 6 , P G . 8 1 9 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L CA R O L Y N N I X O N K A H A M PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 7 - 0 0 0 D. B . 5 9 7 2 , P G . 5 8 3 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : V A C A N T L A N D AL I C E M A R I E N I X O N PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 8 - 0 0 0 D. B . 6 0 2 3 , P G . 3 2 5 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L JO A N N N I X O N B L O O D W O R T H PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 9 - 0 0 0 D. B . 4 9 9 4 , P G . 1 2 4 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L CHASE & DYLAN MIHALY, LLC PARID: R04400-002-015-000 D.B. 6237, PG. 848 ZONING: B-2 (CZD) LAND USE: VACANT LAND OHE OH E OH E SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUT UT UT UT UT UT UT UT UT UT UT UT UT UT UT O H E OHE OHE OHE OHEOHEOHEOHEOHEOHEOHE OHEOHE OHEOHE OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E O H E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E OH E O H E OH E CAROLINA POWER & LIGHT CO PARID: R04400-001-001-002 D.B. 1438, PG. 500 ZONING: R-15 LAND USE: POWER STATION 16R RONALD EDWARD NIXON & GWENDOLYN SMITH NIXON PARID: R04409-004-016-000 D.B. 4994, PG. 164 M.B. 49. PG. 189 ZONING: R-15 LAND USE: RESIDENTIAL KE N N E T H L . & G L O R I A E . WI L L I A M S PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 3 - 0 0 0 D. B . 5 0 9 9 , P G . 1 8 6 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L WILLIE BLANCHE EVANS LIFE ESTATE PARID: R04400-002-017-000 D.B. 2808, PG. 151 ZONING: R-15 LAND USE: RESIDENTIAL LEES CUT INVESTMENTS LLC PARID: R04400-002-014-000 D.B. 2590, PG. 399 ZONING: B-2 LAND USE: RETAIL SAM MCCALL FAMILY LIMITED PARTNERSHIP PARID: R04400-002-011-000 D.B. 5289, PG. 2506 ZONING: B-2 LAND USE: RETAIL ENOCH CHAPEL MISSIONARY BAPTIST CHURCH PARID: R04409-004-006-000 D.B. 5498, PG. 2602 ZONING: B-2 LAND USE: CHURCH ALVARO & MARIA CERVANTES PARID: R04400-002-011-001 D.B. 5172, PG. 2191 ZONING: B-2 LAND USE: RETAIL A L V A R O & M A R I A C E R V A N T E S P A R I D : R 0 4 4 0 0 - 0 0 2 - 0 1 2 - 0 0 0 D . B . 5 1 7 2 , P G . 2 1 9 1 M . B . 3 8 , P G . 2 6 6 Z O N I N G : B - 2 L A N D U S E : V A C A N T L A N D CO R N E L I U S E D W A R D N I X O N I I I PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 2 - 0 0 0 D. B . 6 0 7 6 , P G . 8 0 9 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L SA N D R A L E I G H N I X O N PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 1 - 0 0 0 D. B . 6 0 7 6 , P G . 8 1 9 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L CA R O L Y N N I X O N K A H A M PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 7 - 0 0 0 D. B . 5 9 7 2 , P G . 5 8 3 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : V A C A N T L A N D AL I C E M A R I E N I X O N PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 8 - 0 0 0 D. B . 6 0 2 3 , P G . 3 2 5 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L JO A N N N I X O N B L O O D W O R T H PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 9 - 0 0 0 D. B . 4 9 9 4 , P G . 1 2 4 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L CHASE & DYLAN MIHALY, LLC PARID: R04400-002-015-000 D.B. 6237, PG. 848 ZONING: B-2 (CZD) LAND USE: VACANT LAND 100' 20 ' L A N D S C A P E B U F F E R LANDSCAPE BUFFER LA N D S C A P E B U F F E R 18' S T R E E T Y A R D 25' SIDE SETBACK 30 ' R E A R S E T B A C K 3 5 ' F R O N T S E T B A C K 35 ' F R O N T S E T B A C K 35' F R O N T S E T B A C K 35' FRONT SETBACK 30' STREET SIDE SETBACK 3 5 ' F R O N T S E T B A C K 25' SIDE SETBAC K 3 0 ' R E A R S E T B A C K 25' SIDE S E T B A C K 25 ' S I D E S E T B A C K OPEN SPACE ± 0.09 AC OPEN SPACE ± 4.93 AC PROPOSED STORMWATER POND ± 0.66 AC BUILDING 2 72 UNITS BUILDING 1 72 UNITS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS S S S S S S S S SS SS 30' WE T WE T W E T WE T WE T WE T WET APPROXIMATE WETLANDS ± 0.39 LO 22 LO 18 WO 10 LP 15 LP 8LP 8 WO 24 LO 20 LO 11,12 WO 15 WO 12 WO 16 LO 24 LO 20 LAO 16 LAO 9 LO 9,9,10 WO 6 LP 21 WO 6LP 9 LLP 18 LO 34 CHASE & DYLAN MIHALY, LLC PARID: R04400-002-015-000 D.B. 6237, PG. 848 ZONING: B-2 (CZD) LAND USE: VACANT LAND A L V A R O & M A R I A C E R V A N T E S P A R I D : R 0 4 4 0 0 - 0 0 2 - 0 1 2 - 0 0 0 D . B . 5 1 7 2 , P G . 2 1 9 1 M . B . 3 8 , P G . 2 6 6 Z O N I N G : B - 2 L A N D U S E : V A C A N T L A N D RUTH AVE (PRIVATE ROW - 50' WIDTH) OH E TR O H E T V TV O H E O H E O H E O H E O H E O H E O H E O H E O H E O H E S 5 2 ° 0 9 ' 5 4 " E 1 0 6 . 9 5 ' L1 C 1 N 41°24'17" E 101.18' S 4 8 ° 3 5 ' 4 3 " E 1 5 7 . 6 2 ' S 43°25'10" W 91.60' 32.20'N 43°25'10" E 74.63' 15.23' S 5 2 ° 0 9 ' 4 9 " E 2 3 9 . 5 3 ' N 42°20'31" E 386.88' N 5 2 ° 1 0 ' 0 0 " W 1 5 4 . 7 0 ' S 23°11 ' 1 9 " W 6 7 . 5 1 ' S 4 2 ° 1 7 ' 3 8 " E 5 0 . 0 0 ' N 23°11 ' 1 9 " E 6 7 . 5 1 ' C 6 C4 C5 S 41°24'17" W 458.57' TOTAL N 41°24'17" E 525.65' TOTAL TR TV 95.60'92.90'83.03'85.86' 90.15'112.53'105.00'105.00'112.97' C7 C8 C9 C10 FORMER RAILROAD ROW 16R RONALD EDWARD NIXON & GWENDOLYN SMITH NIXON PARID: R04409-004-016-000 D.B. 4994, PG. 164 M.B. 49. PG. 189 ZONING: R-15 LAND USE: RESIDENTIAL 50 ' P R I V A T E RI G H T O F W A Y KE N N E T H L . & G L O R I A E . WI L L I A M S PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 3 - 0 0 0 D. B . 5 0 9 9 , P G . 1 8 6 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L CO R N E L I U S E D W A R D N I X O N I I I PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 2 - 0 0 0 D. B . 6 0 7 6 , P G . 8 0 9 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L SA N D R A L E I G H N I X O N PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 1 - 0 0 0 D. B . 6 0 7 6 , P G . 8 1 9 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L CA R O L Y N N I X O N K A H A M PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 7 - 0 0 0 D. B . 5 9 7 2 , P G . 5 8 3 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : V A C A N T L A N D AL I C E M A R I E N I X O N PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 8 - 0 0 0 D. B . 6 0 2 3 , P G . 3 2 5 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L JO A N N N I X O N B L O O D W O R T H PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 9 - 0 0 0 D. B . 4 9 9 4 , P G . 1 2 4 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L RUTH M NIXON PARID: R04400-002-046-000 D.B. 1272, PG. 960 M.B. 61, PG. 72 ZONING: R-15 LAND USE: RESIDENTIAL CA R R I E L . N I X O N PA R I D : R 0 4 4 0 0 - 0 2 2 - 0 0 2 - 0 0 0 D. B . 4 9 9 4 , P G . 1 4 4 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L MOUNT ARARAT AFRICAN METHODIST EPISCOPAL CHURCH PARID: R04400-002-025-000 D.B. 1304, PG. 49 ZONING: R-15 LAND USE: CHURCH MELISSA HOSTETLER PARID: R04400-002-021-000 D.B. 5934, PG. 1651 M.B. 61, PG. 72 ZONING: R-15 LAND USE: VACANT LAND OH E TR O H E T V TV O H E O H E O H E O H E O H E O H E O H E O H E O H E O H E S 5 2 ° 0 9 ' 5 4 " E 1 0 6 . 9 5 ' L1 C 1 N 41°24'17" E 101.18' S 4 8 ° 3 5 ' 4 3 " E 1 5 7 . 6 2 ' S 43°25'10" W 91.60' 32.20'N 43°25'10" E 74.63' 15.23' S 5 2 ° 0 9 ' 4 9 " E 2 3 9 . 5 3 ' N 42°20'31" E 386.88' N 5 2 ° 1 0 ' 0 0 " W 1 5 4 . 7 0 ' S 23°11 ' 1 9 " W 6 7 . 5 1 ' S 4 2 ° 1 7 ' 3 8 " E 5 0 . 0 0 ' N 23°11 ' 1 9 " E 6 7 . 5 1 ' C 6 C4 C5 S 41°24'17" W 458.57' TOTAL N 41°24'17" E 525.65' TOTAL TR TV 95.60'92.90'83.03'85.86' 90.15'112.53'105.00'105.00'112.97' C7 C8 C9 C10 FORMER RAILROAD ROW 16R RONALD EDWARD NIXON & GWENDOLYN SMITH NIXON PARID: R04409-004-016-000 D.B. 4994, PG. 164 M.B. 49. PG. 189 ZONING: R-15 LAND USE: RESIDENTIAL 50 ' P R I V A T E RI G H T O F W A Y KE N N E T H L . & G L O R I A E . WI L L I A M S PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 3 - 0 0 0 D. B . 5 0 9 9 , P G . 1 8 6 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L CO R N E L I U S E D W A R D N I X O N I I I PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 2 - 0 0 0 D. B . 6 0 7 6 , P G . 8 0 9 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L SA N D R A L E I G H N I X O N PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 0 1 - 0 0 0 D. B . 6 0 7 6 , P G . 8 1 9 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L CA R O L Y N N I X O N K A H A M PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 7 - 0 0 0 D. B . 5 9 7 2 , P G . 5 8 3 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : V A C A N T L A N D AL I C E M A R I E N I X O N PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 8 - 0 0 0 D. B . 6 0 2 3 , P G . 3 2 5 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L JO A N N N I X O N B L O O D W O R T H PA R I D : R 0 4 4 0 9 - 0 0 4 - 0 1 9 - 0 0 0 D. B . 4 9 9 4 , P G . 1 2 4 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L RUTH M NIXON PARID: R04400-002-046-000 D.B. 1272, PG. 960 M.B. 61, PG. 72 ZONING: R-15 LAND USE: RESIDENTIAL CA R R I E L . N I X O N PA R I D : R 0 4 4 0 0 - 0 2 2 - 0 0 2 - 0 0 0 D. B . 4 9 9 4 , P G . 1 4 4 M. B . 4 9 , P G . 1 8 9 ZO N I N G : R - 1 5 LA N D U S E : R E S I D E N T I A L MOUNT ARARAT AFRICAN METHODIST EPISCOPAL CHURCH PARID: R04400-002-025-000 D.B. 1304, PG. 49 ZONING: R-15 LAND USE: CHURCH MELISSA HOSTETLER PARID: R04400-002-021-000 D.B. 5934, PG. 1651 M.B. 61, PG. 72 ZONING: R-15 LAND USE: VACANT LAND OG D E N P A R K D R I V E E A S T (P U B L I C R O W - 6 0 ' W I D T H ) RUTH AVE (PRIVATE ROW - 50' WIDTH) CO N D I T I O N A L R E Z O N I N G S I T E P L A N C-2.0 11 / 0 1 / 2 2 1" = 1 0 0 ' RP B RP B RP B RU T H A V E N U E N I X O N P R O P E R T I E S NE W H A N O V E R C O U N T Y NO R T H C A R O L I N A 22143.PE ST O U T O P E R A T I N G F I R M 17 0 M E E T I N G S T R E E T # 3 3 4 CH A R L E S T O N , S C 2 9 4 0 3 DA T E : SC A L E : DE S I G N E D : DR A W N : CH E C K E D : PEI JOB#: CO N C E P T U A L L A Y O U T : PR E L I M I N A R Y L A Y O U T : FI N A L D E S I G N : RE L E A S E D F O R C O N S T : PR O J E C T S T A T U S RE V I S I O N S : DR A W I N G I N F O R M A T I O N SEAL CL I E N T I N F O R M A T I O N : 12 2 C i n e m a D r i v e Wi l m i n g t o n , N o r t h C a r o l i n a 2 8 4 0 3 (9 1 0 ) 7 9 1 - 6 7 0 7 ( O ) ( 9 1 0 ) 7 9 1 - 6 7 6 0 ( F ) NC L i c e n s e # : C - 2 8 4 6 PR E L I M I N A R Y D E S I G N - N O T R E L E A S E D F O R C O N S T R U C T I O N RMF-M DIMENSIONAL - MULTI-FAMILY DATA: REQUIRED:PROVIDED: MIN. LOT AREA:20,000 SF 432,986.40 SF MIN. LOT WIDTH:100'VARIES FRONT SETBACK 35'35' SIDE SETBACK (STREET):30'30' SIDE SETBACK (INTERIOR):25' (3 STORIES OR MORE)25' REAR SETBACK:30' (3 STORIES OR MORE)30' BUILDING HEIGHT MAXIMUM:3 STORIES 4 STORIES* *A 100' STRUCTURE SETBACK SHALL BE IMPLEMENTED FOR 4-STORY STRUCTURES IN RMF-M DISTRICT WHEN ADJACENT TO A RESIDENTIAL USE OR SUBDIVISION IN GENERAL RESIDENTIAL DISTRICT AND 75' WHEN ADJACENT TO A MULTI-FAMILY DWELLING OR UNDEVELOPED IN GENERAL RESIDENTIAL DISTRICT. SEE SECTION 3.1.3.C.2 FOR STANDARDS WHEN ADJACENT TO RESIDENTIAL PROPERTIES OPEN SPACE: REQUIRED OPEN SPACE:± 1.99 AC (20% OF GROSS AREA) PROVIDED OPEN SPACE:± 5.45 AC INCLUDES AMENITY, WETLANDS, BUFFERS, & EASEMENTS IMPERVIOUS CALCULATIONS: PROPOSED IMPERVIOUS AREA BUILDINGS:± 50,530 SF ASPHALT / CURB & GUTTER:± 93,892 SF SIDEWALKS / CONCRETE:± 5,304 SF TRASH RECEPTABLES:± 410 SF TOTAL IMPERVIOUS:± 150,136 SF (± 3.447 AC) PROPOSED PERCENT IMPERVIOUS:± 34.85% VICINITY MAP NOT TO SCALE NORTH SITE MAR K E T S T G O R D O N R D M I D D L E S O U N D L O O P R D MI L I T A R Y C U T O F F R D EL O G D E N D R BUFFERYARD NOTES: 1.ABUTTING RESIDENTIAL LAND USE: TYPE A - OPTION 1 BUFFERYARD APPLIED, 20' WIDTH 2.ALL SHRUBS TO BE A MINIMUM OF 6' HEIGHT AT TIME OF PLANTING. 3.ALL PLANTING WILL PROVIDE ONE HUNDRED (100) PERCENT OPACITY FROM GROUND TO A HEIGHT OF 6' WITHIN (1) ONE YEAR OF PLANTING. 4.WHERE AMPLE VEGETATION EXISTS WITHIN BUFFFERYARD; NO PLANTINGS WILL BE INSTALLED. WHERE EXISTING VEGETATION DOES NOT MEET CODE; ADDITIONAL PLANTINGS WILL BE INSTALLED AS SHOWN. 5.A MINIMUM OF THREE ROWS OF PLANTED MATERIAL IS REQUIRED. STREET YARD NOTES: 1.MINIMUM WIDTH OF 9' AND MAXIMUM WIDTH OF 27'. 2.FOR EVERY 600 SQUARE FEET OF STREET YARD AREA ON AVERAGE, 1 CANOPY/SHADE TREE (OR IF OVERHEAD POWER LINES ARE LOCATED ABOVE THE STREET YARD, 3 UNDERSTORY TREES) AND 6 SHRUBS, 12" IN HEIGHT AT TIME OF PLANTING. 3.WHERE AMPLE VEGETATION EXISTS WITHIN STREET YARD, NO PLANTINGS WILL BE INSTALLED. WHERE EXISTING VEGETATION DOES NOT MEET CODE; ADDITIONAL PLANTINGS WILL BE INSTALLED AS SHOWN. 4.FOR SITES WITH TWO OR MORE STREET FRONTAGES, ONLY THE PRIMARY STREET FRONTAGE SHALL BE REQUIRED TO CONTAIN THE FULL AMOUNT OF STREET YARD ASDETERMINED IN TABLE5.4.6.AB: STREET YARD AREA STANDARDS.SECONDARY STREET FRONTAGES ARE REQUIRED TO CONTAIN 50 PERCENT OF THE REQUIRED STREET YARD AREA. 0 30 60 120 240 SCALE: 1"=60' GRAPHIC SCALE 100' POWERLINE EASEMENT & 30' WATER/SEWER EASEMENT WITHIN 100' POWER EASEMENT MARKET STREET / U.S. 17 (PUBLIC ROW - WIDTH VARIES) PRIMARY PROJECT ACCESS EXISTING NCDOT PERMANENT UTILITY EASEMENT (PUE) INCLUDING 16" STORM PIPE & POTENTIAL CFPUA WATER LINE; LOCATION; AREA PROPOSED AS PROJECT OPEN SPACE 100' SETBACK LINE FROM RESIDENTIAL USE PROPERTIES FOR PORTIONS OF STRUCTURES WITH 4 STORIES MI L I T A R Y C U T O F F EX T E N S I O N (U N D E R C O N S T R U C T I O N ; P U B L I C RO W - W I D T H V A R I E S ) PROPOSED 5' WIDE SIDEWALK, TYP. EXISTING UTILITY EASEMENT; DEVELOPMENT AVOIDS IMPACT EXCEPT TO TIE STORM DRAINAGE INTO EXISTING DRAINAGE EASEMENT EXISTING HEADSTONE TO REMAIN; BUFFER AND ACCESS TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAWS RU T H A V E = PROPERTY LINE LEGEND = PROPOSED SIDEWALK = PROPOSED CURB AND GUTTER = PROPOSED BUFFER = PROPOSED SETBACK = PROPOSED POND OUTLINE BUILDING & UNIT DATA MULTI-FAMILY APARTMENT (24 UNITS EACH)2 BUILDINGS / 144 UNITS BUILDING HEIGHT 65' MAX BUILDING AREA 25,602 SF 1 BEDROOM UNITS 32 UNITS 2 BEDROOM UNITS 104 UNITS 3 BEDROOM UNITS 8 UNITS 24' 1/4" PER FT1/4" PER FT 6" ABC UNDER CURBING 24' PRIVATE DRIVE WITH PARKING CROSS SECTION NOT TO SCALE PAVING NOTE: ALL PAVING THICKNESS WILL BE DETERMINED BASED ON SOILS DATA. NO TESTING HAS BEEN COMPLETED AT THIS TIME, SO A MINIMUM PAVING SECTION HAS BEEN PROVIDED AND WILL BE FURTHER EVALUATED WITH THE AVAILABILITY OF SOILS DATA. SLOPES= 3:1 24" VERTICAL CURB 6"-ABC BASE 2"-S9.5C SURFACE 1.5' 0.5' 18' 1/4" PER FT 6.5' SIDEWALK VARIES -SEE PLAN PARKING SPACE DRIVE AISLE SLOPES= 3:1 1.5' 18' 1/4" PER FT 6.5' SIDEWALK VARIES - SEE PLAN PARKING SPACE 0.5' EXISTING 30' UTILITY EASEMENT PARKING REQUIREMENTS: SEC 5.1: DWELLING, MULTI-FAMILY: ONE AND ONE-HALF (1.5) SPACES PER 1 BEDROOM UNIT AND TWO (2.0) SPACES PER 2+ BEDROOM UNITS. PARKING REQUIRED:272 SPACES 1-BED UNIT 48 SPACES (32 UNITS * 1.5 SPACES/ UNIT) 2-BED UNIT 208 SPACES (104 UNITS * 2 SPACES/ UNIT) 3-BED UNIT 16 SPACES (8 UNITS * 2 SPACES/ UNIT) TOTAL PARKING PROVIDED ON SITE:274 SPACES MIN RESIDENT PARKING PROVIDED:272 SPACES (INCLUDES 13 COMPACT SPACES) CLUBHOUSE/AMENITY PARKING PROVIDED: 2 SPACES MIN. TOTAL ADA REQUIRED:7 SPACES TOTAL ADA PROVIDED:7 SPACES EXISTING SANITARY SEWER 4 STORY, 72 UNIT MULTI-FAMILY APARTMENT BUILDING, TYP. PROPOSED 30' ACCESS AND UTILITY EASEMENT TO ADJACENT PROPERTY; EXACT LOCATION TBD SITE INFORMATION PROJECT ADDRESS:7011 RUTH AVENUE, 7032 RUTH AVENUE, 7035 MARKET ST., 7001 MARKET ST. WILMINGTON, NC 28411 PROPERTY OWNER:NIXON ASSOCIATES, LLC 7049 RUTH AVENUE WILMINGTON, NC 28411 PARCEL PIN: R04409-004-006-000, R04409-004-004-000, R04400-002-016-000, R04400-002-008-000; RUTH AVENUE PRIVATE RIGHT OF WAY CURRENT ZONING:B-2 PROPOSED ZONING:RMF-M PROPOSED USE:MULTI-FAMILY FUTURE LAND USE CLASSIFICATION:URBAN MIXED USE PROJECT SITE AREA:± 10.95 ACRES DEVELOPMENT AREA:± 9.94 ACRES RUTH AVENUE RIGHT OF WAY:± 1.01 ACRES MAX DENSITY ALLOWED IN RMF-M:17 DU/AC (169 UNITS) TOTAL PROPOSED UNITS:144 UNITS PROPOSED DENSITY:± 14.49 DU/AC AMENITY AND LEASING OFFICE ± 0.27 AC DEVELOPER MAINTAINS RUTH AVENUE TO OGDEN PARK ROAD PROPOSED TRASH COLLECTION; SCREENED EXISTING POWER SUBSTATION SECONDARY PROJECT ACCESS 10.5' STREET SIDE SETBACK 18' STREET BUFFER 20' LANDSCAPE BUFFER ADJACENT TO RESIDENTIAL 25' SIDE SETBACK 25' SIDE SETBACK POWER SUBSTATION ACCESS DRIVE FLOOD NOTE: THE SUBJECT PARCELS ARE LOCATED IN ZONE X – MINIMAL FLOOD RISK – AS SHOWN BY FEMA PANEL NUMBER 3720315900J BEARING AN EFFECTIVE DATE OF APRIL 3, 2006. WETLAND NOTE: WETLANDS SHOWN THIS PLAN ARE IN REVIEW FOR DELINEATION. EXISTING UTILITY EASEMENT TRACED SANITARY GRAVITY SEWER EXISTING UTILITY EASEMENT 30' WATER & SEWER EASEMENT EXISTING TREELINE EXISTING UTILITY EASEMENT 30' WATER & SEWER EASEMENT EXISTING TREES TO REMAIN IN BUFFER / STREET YARD / OPEN SPACE AREAS EXISTING WATER & SEWER EASEMENTS EXISTING DITCHES = PROPOSED SIDEWALK Planning Board - December 1, 2022 ITEM: 2 - 9 - 3 Public Comments In Support X Neutral X In Opposition X Planning Board - December 1, 2022 ITEM: 2 - 10 - 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 : 12/1/2022 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: Request by S am uel Franck with Ward and S m ith, P.A ., applican t, on behalf of Wilmington Dev elopm ent Group, I nc, property owner, to rezone approxim ately 7.63 acres of land located at 147 B rentwood Drive from R-15, ResidenAal to (C Z D) R -5, ResidenAal for a quad raplex and triplex residenA al development. B R I E F S U M M A RY: T he a pplic ant is propo sing to rezone approximately 7.63 acres a t 147 B rentwo o d D rive from R -15, Residen0al, to (C Z D ) R -5, C o ndi0o nal Residen0al D istrict. T he pro posed development co nsists o f 3 triplex and 10 quadraplex buildings on the parcel, which is lo cated between exis0ng single-fa mily dwellings along Glendale D rive to the no rth and B rentwood D rive to the west and south. B usinesses fron0ng C astle Hayne Ro ad border the pro perty to the east. T he R -15 district in this area was established in 1972. At the 0me, the purpose of the R -15 district was to ensure that ho using served by private sep0c and wells would be develo ped at low densi0es. Since tha t 0me, water and sewer services have begun to become ava ilable to nearby larger developments. However, the general area remains primarily zo ned f o r low density ho using with business and industrial uses lo cated along C astle H ayne Road. T he purpo se of the R -5, Residen0al District is to provide lands that a c c o mmo da te moderate to high density single-f amily detached and single-f amily a;ached development. T h e pro posal would be accessed by a drive in the so utheastern corner o f the site, connec0ng the development to B rentwood Drive. A gated access for E M S has been propo sed in the southwestern corner of the site. T he develo pment ’s propo sed method o f stormwater management will be two wet deten0on ponds, one located along the southern bo unda ry of the parcel and o ne located to wa rds the northeastern corner. A 20’ perimeter setback containing a Type A opaque B uffer is indicated along the no rthern and so uthern bo undaries o f the project adjacent to pro perty zo ned or developed a s R -15, Residen0al Districts. T he o paque buffer is not delineated within the area designated as o pen space. C urrently, water and sewer a re not available to the subject site. A mainline extension would be required before the parcel could be develo ped as proposed. T he applic ant ha s indica ted tha t nec essa ry infrastructure will be installed to deliver water and sewer to the subject site. A s currently zoned, the site would be permi;ed a maximum of 19 single-family dwelling units if developed using performance sta ndards, at a density of 2.5 du/acre. T he pro posed 49-unit development equates to a density of 6.41 units per acre. T he R -5 district allows up to 8 units per a c re by-right. T h e subject pro perty is located on a N C D OT maintained lo cal ro ad that o nly connects to C astle H ayne Ro ad, a N C D OT maintained mino r arterial road. T h e es0mated traffic genera ted fro m the site is under the 100 peak ho ur threshold that triggers the ordinance requirement f o r a Traffic I mpa c t Analysis (T I A). As currently zo ned, it is es0mated the site would generate abo ut 16 Planning Board - December 1, 2022 ITEM: 3 A M trips a nd 21 P M trips during the peak ho urs if developed at the permi;ed density of 19 single-fa mily dwellings. T he pro posed R -5 development would increase the es0mated number of peak hour trips by appro ximately 4 A M and 4 P M peak hour trips. B ased on a generalized histo ric genera0on rate, sta ff would es0mate that the increase in homes would result in appro ximately 7 addi0o nal students than would be generated under current zoning. T he subject property is lo cated in the no rthern po r0o n of the co unty along a minor arterial road, C astle Hayne Road, in between the Wrightsboro neighborho o d commercial node a nd downtown W ilmington. T he subjec t parcel is appro ximately less than o ne mile f ro m commercial services available at bo th the Airpo rt C ommerce emplo yment center to the east and less than two miles from the Wrightsboro commercial no de to the north. T h e C omprehensive P lan classifi es the subject parcel as E mployment C enter. E mployment C enter place types are generally applied in areas like this that are intended to serve a s employment and produc0on hubs where o ffice and light industrial uses a re easily available. H o wever, lo w to mo derate density residen0al uses are enco uraged within this place type to support the employment and produc0o n hubs. T he subject parcel is located between established residen0al uses to the no rth a nd west that are classified as the General Residen0al place type and commercially-zo ned land that acco mmo dates automo0ve-related uses to the east classifi ed a s the E mplo yment C enter place type. As the subject site is located between these uses, this type of housing co uld be an appro priate infi ll and tra nsi0o na l development and support the commercial and industrial ac0vity intended to be loca ted within the employment center. T he pro posed rezo ning is generally C O N S I S T E N T with the 2016 C o mprehensive Plan because the pro ject provides f o r the type o f housing diversity that is recommended in the E mployment C enter place type, the residen0al densi0es are in-line with tho se recommended within this place type, and the project will pro vide addi0o nal housing in clo se pro ximity to exis0ng and future commercial development serving nea rby residents. 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 his por0on of the H ightsville area of the co unty is po si0oned for future growth given the area’s loca0o n along C astle Hayne Ro ad, a mino r arterial that connects the Wrightsbo ro co mmercial node to do wnto wn W ilmingto n. T his pro posal is also in c lo se pro ximity to the Airport C o mmerce Pa rk employment center, and the propo sal co uld serve as an appropriate infill development and a transi0on between the surrounding land uses. B ecause the propo sal in line with the C o mprehensive Plan recommenda0ons for this a rea , is similar in f o rm and density to other residen0al pro jects appro ved nearby, and may serve as a transi0onal buffer between the exis0ng neighbo rhoods, exis0ng commercial uses, and f uture commerc ial ac0vity, staff recommends approv al of this applic a0on and suggests the following mo0on with the applicant ’s pro posed co ndi0ons: I move to reco mmend A P P R O V A L o f the pro posed rezo ning to a (C ZD) R -5 district. I find it to be C O N S I S T E N T with the purpo ses and intent o f the C omprehensive Plan because the pro ject provides for the types and mixture of uses reco mmended in the E mplo yment C enter place type and the residen0al densi0es are in-line with those recommended f o r the property. I also find recommending A P P R OVA L of the rezo ning request is reasonable and in the public interest beca use the pro posal wo uld benefi t the co mmunity by pro viding diverse ho using o p0ons in clo se pro ximity to exis0ng employment c enters. T he propo sal also provides a transi0on between adjacent neighborhoods to west and the co mmercial and industrial uses to the east and will provide addi0onal ho using in close pro ximity to exis0ng and future commercial develo pment in the Hightsville area. Planning Board - December 1, 2022 ITEM: 3 A lternaA ve M oAon for Denial I move to recommend D E N I A L of the pro posed rezo ning to a (C ZD) R -5 district. W hile 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 pro ject provides for the types and mixture o f uses recommended in the E mployment C enter place type and the residen0al densi0es are in-line with those recommended for the pro perty, I fi nd reco mmending D E N I A L o f the rezo ning request is reasonable and in the public interest because the propo sal is not c o nsistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighbo rhoods. AT TA C H M E N T S : Descrip0on Z22-22 - Script PB Final Z22-22 - Staff Report PB Final Z22-22 - Zoning Z22-22 - FLUM Z22-22 - Mailout Initial Application Cover Sheet Application Package PB Concept Plan Cover Sheet Brentwood Concept Plan Public Comments Cover Sheet Public Comments Opposition 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 - December 1, 2022 ITEM: 3 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z22-22) Request by Samuel Franck with Ward and Smith, P.A., applicant, on behalf of Wilmington Development Group, Inc, property owner, to rezone approximately 7.63 acres of land located at 147 Brentwood Drive from R-15, Residential to (CZD) R-5, Residential for a quadraplex and triplex residential development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and 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 Approval I move to recommend APPROVAL of the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in-line with those recommended for the property. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options in close proximity to existing employment centers. The proposal also provides a transition between adjacent neighborhoods to west and the commercial and industrial uses to the east and will provide additional housing in close proximity to existing and future commercial development in the Hightsville area. Planning Board - December 1, 2022 ITEM: 3 - 1 - 1 Example Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in-line with those recommended for the property, 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 density will adversely impact the adjacent neighborhoods. 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 - December 1, 2022 ITEM: 3 - 1 - 2 Z22-22 Staff Report PB 12.1.2022 Page 1 of 17 STAFF REPORT FOR Z22-22 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-22 Request: Rezone 7.63 acres to (CZD) R-5, Conditional Residential District Applicant: Property Owner(s): Ward and Smith, P.A., c/o Samuel B. Franck Wilmington Development Group, Inc. Location: Acreage: 147 Brentwood Drive 7.63 PID(s): Comp Plan Place Type: R04110-005-008-000 Employment Center Existing Land Use: Proposed Land Use: Undeveloped 49-unit Single-Family Attached Residential Development Current Zoning: Proposed Zoning: R-15, Residential District (CZD) R-5, Conditional Residential District SURROUNDING AREA LAND USE ZONING North Single-Family Residential R-15 East Commercial Uses B-2 South Single-Family Residential R-15 West Single-Family Residential R-15 Z22-22 Castle Hayne Rd Planning Board - December 1, 2022 ITEM: 3 - 2 - 1 Z22-22 Staff Report PB 12.1.2022 Page 2 of 17 ZONING HISTORY July 1, 1972 Initially zoned R-15 (Area 9A) COMMUNITY SERVICES Water/Sewer Water and sewer services are not available through CFPUA; mainline extension would be required before the parcel could be served. The applicant has indicated that necessary infrastructure will be installed to deliver water and sewer to the subject site. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Cape Fear Optimist Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-22 Planning Board - December 1, 2022 ITEM: 3 - 2 - 2 Z22-22 Staff Report PB 12.1.2022 Page 3 of 17 APPLICANT’S PROPOSED CONCEPTUAL PLAN Proposed Site Plan with Staff Markups • The applicant is proposing to rezone 7.63 acres to (CZD) R-5 to construct a 49-unit single- family attached development at a density of 6.41 units per acre. The proposed plan also includes stormwater management controls and open space amenities. • The proposed development consists of 3 triplex and 10 quadraplex buildings on the parcel, which is located between existing single-family dwellings along Glendale Drive to the north and Brentwood Drive to the west and south. Businesses fronting Castle Hayne Road border the property to the east. • The proposal would be accessed by a drive in the southeastern corner of the site, connecting the development to Brentwood Drive. A gated access for EMS has been proposed in the southwestern corner of the site. • The development’s proposed method of stormwater management will be two wet detention ponds, one located along the southern boundary of the parcel and one located towards the northeastern corner. • A 20’ perimeter setback containing a Type A opaque Buffer is indicated along the northern and southern boundaries of the project adjacent to property zoned or developed as R-15, Residential Districts. The opaque buffer is not delineated within the area designated as open space. Type A Buffers Stormwater Basins Gated Access for EMS Access onto Brentwood Dr Planning Board - December 1, 2022 ITEM: 3 - 2 - 3 Z22-22 Staff Report PB 12.1.2022 Page 4 of 17 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. Since that time, water and sewer services have begun to become available to nearby larger developments. However, the general area remains primarily zoned for low density housing with business and industrial uses located along Castle Hayne Road. • As currently zoned, the site would be permitted a maximum of 19 single-family dwelling units under the performance development standards, at a density of 2.5 du/acre. • The purpose of the R-5, Residential District is to provide lands that accommodate moderate to high density single-family detached and single-family attached development. • The proposed 49-unit development equates to a density of 6.41 units per acre. The R-5 district allows up to 8 units per acre by-right. • A Type-A opaque buffer will be required between the single-family residential uses and the proposed development. • Currently, water and sewer are not available to the subject site. A mainline extension would be required before the parcel could be developed as proposed. The applicant has indicated that necessary infrastructure will be installed to deliver water and sewer to the subject site. • 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 - December 1, 2022 ITEM: 3 - 2 - 4 Z22-22 Staff Report PB 12.1.2022 Page 5 of 17 AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - December 1, 2022 ITEM: 3 - 2 - 5 Z22-22 Staff Report PB 12.1.2022 Page 6 of 17 TRANSPORTATION • Access is proposed to be provided to the subject property from Brentwood Drive to the south, which is an NCDOT-maintained minor roadway. A gated access for EMS has been proposed in the southwestern corner of the parcel that would connect to Brentwood Drive. • As currently zoned, it is estimated the site would generate about 16 AM and 21 PM trips during the peak hours if developed at the permitted density of 19 single-family dwellings. The proposed R-5 development would increase the estimated number of peak hour trips by approximately 4 AM peak hour and 4 PM peak hour trips. • 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). Planning Board - December 1, 2022 ITEM: 3 - 2 - 6 Z22-22 Staff Report PB 12.1.2022 Page 7 of 17 • 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. WMPO Average Daily Traffic (ADT) - 2021 Road Location Volume Capacity V/C Castle Hayne Road Between Division Drive & Gordon Road 17,234 16,803 1.03 • 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 improvement required through the NCDOT driveway permitting process. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning (ITE Code 210): 19 Single-Family Dwellings 16 AM / 21 PM Proposed Development: Single-family Attached (ITE Code 215): 49 Single-family Attached Dwelling Units 20 AM / 25 PM Planning Board - December 1, 2022 ITEM: 3 - 2 - 7 Z22-22 Staff Report PB 12.1.2022 Page 8 of 17 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-5863 o Project to widen Castle Hayne Road into multi-lanes from I-140 to Division Drive. Right-of-Way acquisition and Utilities is currently scheduled to take place in FY 2025. Planning Board - December 1, 2022 ITEM: 3 - 2 - 8 Z22-22 Staff Report PB 12.1.2022 Page 9 of 17 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses will expire if the proposed development is not completed by the build out date established within the TIA.   Proposed Development Land Use/Intensity TIA Status 1. Preservation Point Phase 1 • 123 single-family dwellings • 27 multi-family dwellings • Approved August 21, 2019 • Phase 1 – 2022 Build Out Year • 2023 Full Build Out Year Full Build • 123 single-family dwellings • 27 multi-family dwellings • 5,000 sf of day care • 3,000 sf of high-turnover sit-down restaurant • 2,000 sf of coffee/donut shop with drive-thru • Small office building with 20 employees The TIA required improvements must be completed at certain intersections in the area. The notable improvements consisted of: • Phase 1: Construct a driveway at the entrance of the subject site and Castle Hayne Road that has one ingress and two egress lanes, with one continuous eastbound left turn lane, and construct a right turn lane to exit the site. Install a stop control at the entrance of the subject site and Castle Hayne Road. • Full Build: Construct a right turn lane at the intersection of Castle Hayne Road and Division Drive. Nearby Proposed Developments included within the TIA: • None Development Status: The developer is currently in the process of constructing the Phase 1 required roadway improvements. A total of 123 lots have been platted, and site work is currently underway. Planning Board - December 1, 2022 ITEM: 3 - 2 - 9 Z22-22 Staff Report PB 12.1.2022 Page 10 of 17 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • 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 I (suitable/slight limitations for septic suitability), Class II (moderate limitations for septic suitability), and Class III (severe limitations for septic suitability). • Currently, infrastructure does not exist to be served by CFPUA. A mainline extension would be required before the parcel could be served. The applicant has indicated that necessary infrastructure will be installed to deliver water and sewer to the subject site. OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 19 dwelling units would be permitted under the current R-15 zoning base density, and 49 units could potentially be developed under the proposed zoning for an increase of 30 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 7 additional students than would be generated under current zoning. • 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 most recent New Hanover County Schools Facility Needs Study. Planning Board - December 1, 2022 ITEM: 3 - 2 - 10 Z22-22 Staff Report PB 12.1.2022 Page 11 of 17 Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning (R-15) 19 Residential Units Approximate** Total: 4 (2 elementary, 1 middle, 1 high) Proposed (CZD) R-5 Zoning 49 Residential Units Approximate** Total: 11 (4 elementary, 2 middle, 3 high) *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2022-2023 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** (2022-2023 School Year) *Enrollment is based on the New Hanover County Schools student numbers for the 2022 -2023 school year. **Capacity calculations were determined based on the capacities for the 2022 -2023 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 Enrollment of Assigned School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 91% Wrightsboro 469 541 87% None Middle 92% Holly Shelter 851 991 86% None High 106% New Hanover 1,467 1,678 87% None Planning Board - December 1, 2022 ITEM: 3 - 2 - 11 Z22-22 Staff Report PB 12.1.2022 Page 12 of 17 NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed R-5 CZD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached at 89%. Under the proposed R-5 district the site would allow for single family attached residential (townhomes) and increase housing type diversity by reducing the percentage of single family detached (89% to 87%) and increase the percentage of single family attached units (1% to 3%). • The subject property is located in the Wrightsboro community area, where 61.8% of residents currently live within one-mile of a support service (urgent care, primary doctor’s office, child & adult care, etc.). The proposed project would increase the number of residences within one-mile of a support service (61.8% to 62.4%). Planning Board - December 1, 2022 ITEM: 3 - 2 - 12 Z22-22 Staff Report PB 12.1.2022 Page 13 of 17 REPRESENTATIVE DEVELOPMENTS Representative Developments of R-15: Clay Crossing Page’s Corner Planning Board - December 1, 2022 ITEM: 3 - 2 - 13 Z22-22 Staff Report PB 12.1.2022 Page 14 of 17 Representative Developments of R-5: Wrightsville Place Leeward Village Planning Board - December 1, 2022 ITEM: 3 - 2 - 14 Z22-22 Staff Report PB 12.1.2022 Page 15 of 17 Context and Compatibility • While the area was zoned for low density housing in the mid 1970’s, this general area has seen residential developments of higher densities and different housing types being established recently than those historically found within the existing zoning district. • The subject property is located on a NCDOT maintained local road that only connects to Castle Hayne Road, a NCDOT maintained minor arterial road. • The proposed developed is located between downtown Wilmington and the Wrightsboro commercial node. • The property abuts residentially zoned property to the north, south, and west, and B-2 zoned parcels to the east that currently accommodate commercial uses. • As the property is located between established, lower-density single-family residences and commercial uses fronting Castle Hayne Road, a minor arterial road, the proposal could serve as transition between these uses. • The subject site is located in close proximity to employment centers, namely the Airport Commerce Park, and industrial uses along Castle Hayne Road towards downtown Wilmington. As such, the project could serve as an appropriate infill project providing different housing options in close proximity to concentrated employment areas. • The proposal is at an overall density higher than that of the adjacent residential land uses. However, there are performance residential developments nearby, including Hanover Lakes and Windy Woods, that contain single-family dwelling units on lots smaller than 5,500 square feet. • Type A, opaque buffers have been indicated on the site plan abutting residential lots on the northern and southern boundaries of the subject site. 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. Z22-08 Planning Board - December 1, 2022 ITEM: 3 - 2 - 15 Z22-22 Staff Report PB 12.1.2022 Page 16 of 17 Future Land Use Map Place Type Employment Center Place Type Description Serves as an employment and production hub where office and light industrial uses predominate. It can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. Analysis The subject property is located in the northern portion of the county along a minor arterial road, Castle Hayne Road, in between the Wrightsboro neighborhood commercial node and downtown Wilmington. The subject parcel is approximately less than one mile from commercial services available at both the Airport Commerce employment center to the east and less than two miles from the Wrightsboro commercial node to the north. The site is located between existing single-family residences on the north, south, and west. Residential developments that have been approved nearby include Preservation Point, Hanover Lakes, and Windy Woods, which all are performance developments and have lot sizes similar to that of R-5 standards. The Comprehensive Plan classifies the subject parcel as Employment Center. Employment Center place types are generally applied in areas like this that are intended to serve as employment and production hubs where office and light industrial uses are easily available. However, low to moderate density residential uses are encouraged within this place type to support the employment and production hubs. The subject parcel is located between established residential uses to the north and west that are classified as the General Residential place type and commercially-zoned land that accommodates automotive-related uses to the east classified as the Employment Center place type. As the subject site is located between these uses, this type of housing could be an appropriate infill and transitional development and support the commercial and industrial activity intended to be located within the employment center. In addition, the project is in line with the preferred density range for residential uses with the Employment Center place type, promotes the mixture of uses recommended within the Employment Center place type, and supports the Comprehensive Plan’s goal to provide for a range of housing types and opportunities for households of different sizes and income. Consistency Recommendation The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the type of housing diversity that is recommended in the Employment Center place type, the residential densities are in-line with those recommended within this place type, and the project will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Planning Board - December 1, 2022 ITEM: 3 - 2 - 16 Z22-22 Staff Report PB 12.1.2022 Page 17 of 17 STAFF RECOMMENDATION This portion of the Hightsville area of the county is positioned for future growth given the area’s location along Castle Hayne Road, a minor arterial that connects the Wrightsboro commercial node to downtown Wilmington. This proposal is also in close proximity to the Airport Commerce Park employment center, and the proposal could serve as an appropriate infill development and a transition between the surrounding land uses. Because the proposal in line with the Comprehensive Plan recommendations for this area, is similar in form and density to other residential projects approved nearby, and may serve as a transitional buffer between the existing neighborhoods, existing commercial uses, and future commercial activity, staff recommends approval of this application and suggests the following motion with the applicant’s proposed conditions: I move to recommend APPROVAL of the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in-line with those recommended for the property. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options in close proximity to existing employment centers. The proposal also provides a transition between adjacent neighborhoods to west and the commercial and industrial uses to the east and will provide additional housing in close proximity to existing and future commercial development in the Hightsville area. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in-line with those recommended for the property, 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 density will adversely impact the adjacent neighborhoods. Planning Board - December 1, 2022 ITEM: 3 - 2 - 17 Planning Board - December 1, 2022 ITEM: 3 - 3 - 1 Planning Board - December 1, 2022 ITEM: 3 - 4 - 1 Planning Board - December 1, 2022 ITEM: 3 - 5 - 1 Initial Application Documents & Materials Planning Board - December 1, 2022 ITEM: 3 - 6 - 1 Planning Board - December 1, 2022 ITEM: 3 - 7 - 1 Planning Board - December 1, 2022 ITEM: 3 - 7 - 2 Planning Board - December 1, 2022 ITEM: 3 - 7 - 3 Planning Board - December 1, 2022 ITEM: 3 - 7 - 4 Planning Board - December 1, 2022 ITEM: 3 - 7 - 5 Planning Board - December 1, 2022 ITEM: 3 - 7 - 6 Planning Board - December 1, 2022 ITEM: 3 - 7 - 7 Planning Board - December 1, 2022 ITEM: 3 - 7 - 8 Planning Board - December 1, 2022 ITEM: 3 - 7 - 9 Planning Board - December 1, 2022 ITEM: 3 - 7 - 10 Planning Board - December 1, 2022 ITEM: 3 - 7 - 11 Attachment Redacted by Planning Staff Planning Board - December 1, 2022 ITEM: 3 - 7 - 12 Planning Board - December 1, 2022 ITEM: 3 - 7 - 13 Planning Board - December 1, 2022 ITEM: 3 - 7 - 14 Planning Board - December 1, 2022 ITEM: 3 - 7 - 15 Planning Board - December 1, 2022 ITEM: 3 - 7 - 16 Planning Board - December 1, 2022 ITEM: 3 - 7 - 17 Planning Board - December 1, 2022 ITEM: 3 - 7 - 18 Planning Board - December 1, 2022 ITEM: 3 - 7 - 19 Planning Board - December 1, 2022 ITEM: 3 - 7 - 20 Planning Board - December 1, 2022 ITEM: 3 - 7 - 21 Planning Board - December 1, 2022 ITEM: 3 - 7 - 22 Concept Plan Planning Board - December 1, 2022 ITEM: 3 - 8 - 1 INV . 1 5 . 0 1 INL E T INV . 1 5 . 0 0 GRA T E 1 6 . 9 0 INV . 1 4 . 8 5 INV . 1 5 . 3 0 INV . 1 5 . 2 9 15"RCP PO L E PO W E R N/F MOW B R A Y D.B. 6218 P G . 614 130 G L E N D A L E D R I V E N/F CROS S D.B. 6180 P G . 1 0 1 0 128 GLEN D A L E D R I V E N/F O'LEA R Y \ G I E S E N D.B. 6389 P G . 2 6 1 7 126 GLEN D A L E D R I V E N/F EASO N D.B.1150 PG. 9 0 124 GLEN D A L E D R I V E D.B. 3143 P G . 5 7 N/F OLIVE T B A P T I S T C H U R C H D . B . 4 8 9 P G . 2 6 5 N / F O L I V E T B A P T I S T C H U R C H LO T 5 B R E N T W O O D D. B . 6 2 6 P G . 3 1 8 N/ F O L I V E T B A P T I S T C H U R C H N\F MURILLO PART OF LOT 6 AND LOT 7 BRENTWOOD D.B. 6008 PG. 69 D.B. 1201 PG. 938\D.B. 1185 PG. 432 N\F SPENCER LOT 8 AND LOT 9 BRENTWOOD D.B. 4905 PG. 2465 N\F SPENCER BRENTWOOD LOT 10 D.B. 6368 PG. 1169 N\F DANIEL BRENTWOOD LOT 11 N\F CULBRETH D.B. 6128 PG. 1385 LOT 12 BRENTWOOD D.B. 6098 PG. 2197 N\F BROCK AREA "A" BROCK and KERN MB.63 PG. 297 N \ F H O D G I N D . B . 6 1 4 5 P G . 1 2 8 5 N \ F Y A H W E H J I R E H P R O P E R T I E S , L L C D . B . 6 2 0 1 P G . 1 1 7 7 N / F W I L L ' S E N T E R P R I S E , I N C . D . B . 1 4 7 2 P G . 3 1 1 D . B . 2 6 3 8 P G . 6 9 8 N / F L U C A S N/F BENG I V E N G O D.B. 5989 P G . 1 3 2 1 110 GLEN D A L E D R I V E N/F ANDE R S O N D.B. 946 P G . 9 1 0 112 GLEN D A L E D R I V E N/F ANDE R S O N D.B. 2870 P G . 4 7 1 114 GLEN D A L E D R I V E N/F ANDE R S E N D.B. 4493 P G . 8 0 7 116 GLEN D A L E D R I V E N/F HEWE T T D.B. 2083 P G . 2 3 3 118 GLEN D A L E D R I V E N/F CUTH B E R T S O N D.B. 627 6 P G . 4 4 9 120 GLEN D A L E D R I V E N/F WELL S D.B. 1567 P G . 1 0 5 6 1 2 2 GLENDALE D R I V E Revisions of sheets Job Number: Phase: Date: Checked by: Drawn by: Designed by: Sheet Title: Sheet Number: PR O J E C T BR E N T W O O D T O W N H O M E S 14 7 B R E N T W O O D D R I V E WI L M I N G T O N , N C CO N D I T I O N A L R E Z O N I N G 10-28-2022 101-800 1 - CONDITIONAL REZONING PLAN ADDRESS:147 Brentwood Drive PARCEL ID: R04110-005-008-000 CURRENT OWNER:Wilmington Development Group INC TOTAL PROJECT AREA 7.63 Acres (332,363 SF) EXISTING ZONING R-15 PROPOSED ZONING R-5 (PERFORMANCE RESIDENTIAL) RESIDENTIAL LOTS PROPOSED 49 TOWNHOMES PERFORMANCE RESIDENTIAL REQUIREMENTS DIMENSIONAL STANDARDS REQUIRED PROPOSED PERIMETER SETBACK 20'20' DISTANCE BETWEEN MULTI-FAMILY UNITS 20'20' MAXIMUM DENISTY 7.63 - .40 (WETLAND AND POND) ACRES = 7.23 NET ACREES 8 UNITS/ACRE MAX.6.78 UNITS/ACRE SITE DATA VICINITY MAP NOT TO SCALE SITE SITE PLAN MLD MAS JWM L0.0 EXISTING TREES SETBACK LINE WETLAND LINE LOT LINE PROPERTY BOUNDARY RIGHT OF WAY LINE BUFFER LINE OPEN SPACE LEGEND 0 feet80 1" = 40' 40 120 160 CA S T L E H A Y N E R O A D 2 3 R D S T R E E T GORDO N R O A D YORKT O W N R O A D ARLING T O N D R I V E VICTORI A D R I V E GL E N D A L E D R I V E B R E N T W O O D D R I V E P R E S E R V A T I O N P O I N T A V E CAS T L E H A Y N E R O A D DIVISION DRIVE MARTIN L U T H E R K I N G J R P K Y PALM E T T O R O A D OFF-STREET PARKING CALCULATIONS OPEN SPACE CALCULATIONS REQUIRED PROPOSED 49 DWELLINGS (2 SPACES / UNIT)98 SPACES 98 SPACES OVERFLOW PARALLEL PARKING 11 SPACES REQUIRED PROPOSED OPEN SPACE 20% - PERFORMANCE RESIDENTIAL 62,988 SF 80,416 SF BUFFERYARD 20' TYPE A 20' TYPE A 24 ' - 0 " RO A D WID T H WETLAND 9 5 1 13 20 ' - 0 " BU F F E R TY P E A 2 0 ' - 0 " B U F F E R T Y P E A PROPOS E D R O A D (45' PUB L I C R O W ) ROW RO W STORMWATER MANAGEMENT WETLAND P R O P O S E D R O A D ( 4 5 ' P U B L I C R O W ) BRENTWOOD DRIVE 60' PUBLIC ROW PROPERT Y B O U N D A R Y 20' PERIM E T E R S E T B A C K 2 0 ' P E R I M E T E R S E T B A C K 20' PERIMETER SETBACK PROPERTY BOUNDARY MAIL KIOSK BUFFER - TYPE A NATURAL AREA TO BE SUPPLEMENTED AS NECESSARY TO MEET BUFFER 'TYPE A' REQUIREMENTS 10,847 SF (.25 AC) OPEN SPACE 28,955 SF (.66 AC) OPEN SPACE DRIVEWAY, TYPICAL 16'-0" EMERGENCY ACCESS WITH GATED ENTRY NCDOT STANDARD DRIVEWAY CONNECTION 4 ' - 0 " S I D E W A L K STORMWATER MANAGEMENT 4'-0" SID E W A L K 20' PERIM E T E R S E T B A C K 20' PERIMETER SETBACK ROW 2 3 4 678101112 1415 16171819 202122 232425 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4 6 4 7 4 8 4 9 PARALLEL PARKING, TYPICAL PROPOSED ROAD SECTION - 45' PUBLIC ROW 2 4 ' - 0 " R O A D W I D T H 21'-0" CL CONCRETE VALLEY CURB 1'-6"1'-6" ASPHALT PAVEMENT 4'-0" CONCRETE SIDEWALK 6'-6" LANDSCAPE PLAZA 4'-0" 6'-6" LANDSCAPE PLAZA4'-0" SECTION VIEW SCALE: 3/16" = 1'-0" 45' PUBLIC ROW SWING ARM GATE WITH PADLOCK GENERAL NOTES 16'-0" R48 ' - 0 " 4'-0" SID E W A L K PROJECT ENTRY MONUMENT 1.SITE BOUNDARY, TREES, AND WETLAND INFORMATION TAKEN FROM SURVEY PROVIDED BY HANOVER DESIGN SERVICES, PA, DATED MARCH 2021 2.THERE ARE NO EXISTING WATER OR SEWER LINES ON SITE 3.ALL PROTECTED TREES WILL BE PRESERVED OR MITIGATED. 4.SITE IS NOT LOCATED WITHIN A 100-YEAR FLOOD ZONE 5.ALL UTILITIES SHALL BE UNDERGROUND. 6.ALL SIGNS WILL BE LOCATED AND APPROVED BY THE NEW HANOVER COUNTY PLANNING DEPARTMENT. 7.TACTILE WARNING MATS WILL BE INSTALLED ON ALL WHEELCHAIR RAMPS. 8.NO EXISTING DRIVEWAYS ARE TO BE CLOSED. 9.CONTRACTOR SHALL MAINTAIN ALL-WEATHER ACCESS FOR EMERGENCY VEHICLES AT ALL TIMES DURING CONSTRUCTION. 10.NO EQUIPMENT IS ALLOWED ON SITE UNTIL ALL TREE PROTECTION FENCING AND SILT FENCING IS INSTALLED AND APPROVED. PROTECTIVE FENCING IS TO BE MAINTAINED THROUGHOUT THE DURATION OF THE PROJECT, AND CONTRACTORS SHALL RECEIVE ADEQUATE INSTRUCTION ON TREE PROTECTION METHODS. 11.STOP SIGNS AND STREET SIGNS TO REMAIN IN PLACE DURING CONSTRUCTION. 12.ANY SIGNS TO BE MONUMENT STYLE AND/OR WALL SIGNS. 13.WATER AND SEWER SERVICE SHALL MEET CFPUA DETAILS AND SPECIFICATIONS. 14.PROPOSED WATER SERVICE WILL REQUIRE A STATE WATER PERMIT. 15.PROTECTIVE FENCING IS TO BE PROPERLY MAINTAINED THROUGHOUT THE DURATION OF THE PROJECT. 16.LAND CLEARING AND CONSTRUCTION CONTRACTORS SHALL RECEIVE ADEQUATE INSTRUCTION ON TREE PROTECTION REQUIREMENTS AND METHODS. 17.ANY TREES AND/OR AREAS DESIGNATED TO BE PROTECTED MUST BE PROPERLY BARRICADED WITH FENCING AND PROTECTED THROUGHOUT CONSTRUCTION TO INSURE THAT NO CLEARING AND GRADING OR STAGING OF MATERIALS WILL OCCUR IN THOSE AREAS. 18.NO EQUIPMENT IS ALLOWED ON THE SITE UNTIL ALL TREE PROTECTION FENCING AND SILT FENCING HAS BEEN INSTALLED AND APPROVED. 19.REGULATED AND SIGNIFICANT TREES IN THE STREET YARD AND ANY TREES IN ANY REQUIRED BUFFERS ARE REQUIRED TO BE RETAINED. 20.ANY GROUND LEVEL MECHANICAL EQUIPMENT TO BE SCREENED AS NECESSARY. 21.THIS PLAN IS PRELIMINARY AND NOT FOR CONSTRUCTION AND IS SUBJECT TO CHANGE IN ACCORDANCE WITH PROVISIONS OF THE NEW HANOVER COUNTY UNIFIED DEVELOPMENT CODE. 22.THERE WILL BE NO PHASING ON THIS PROJECT. 23.ADDITIONAL FIRE PROTECTION AND/OR ACCESSIBILITY REQUIREMENTS MAY BE REQUIRED DUE TO ANY SPECIAL CIRCUMSTANCES CONCERNING THE PROJECT. 24.TRASH REMOVAL WILL BE ROLL OUT TRASH RECEPTACLES. Planning Board - December 1, 2022 ITEM: 3 - 9 - 1 Public Comments In Support X Neutral X In Opposition 1 Planning Board - December 1, 2022 ITEM: 3 - 10 - 1 From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Brittany Castillo <mvolkmar@nhcgov.com> Sent: Friday, November 18, 2022 1:02 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-22 (147 Brentwood Drive) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Brittany Castillo Address 114 Victoria dr Wilmington, North Carolina 28401 United States Map It Email BrittanyCastillo@gmail.com Projects available for comment. Planning Board - Z22-22 (147 Brentwood Drive) What is the nature of your comment? Oppose project Public Comment Our community is all single family homes; the developers are going to destroy our neighborhood atmosphere with these triplexes and quadraplexes. There have been large communities they are adding nearby (preservation point, and the one behind the food lion) that Have affected traffic negatively and this will only make that worse. There is not proper drainage and the overall affect of these large complexes potentially coming into our quaint neighborhood will devastate our community and lower our property values. No no no, please protect our family neighborhood. Planning Board - December 1, 2022 ITEM: 3 - 11 - 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 : 12/1/2022 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 18-02M ) - Request by C ind ee Wolf with Desig n S olu7ons, applic ant, on behalf of Bailey & Fuller P roper7es, L LC , property owner, to mod ify the C Z D zoning of two parcels totaling approximately 3.44 acres of land located at 7887 M arket S treet from (C Z D) B -2, Regional Business and O&I , O ffice and I ns7tu7 onal to (C Z D) B-2, Regional Business. B R I E F S U M M A RY: T he applicant is proposing to rezone approximately 3.44 acres to (C ZD) B -2 in order to construct a three-story mixed- use develo pment. Poten+al uses include fi nancial ins+tu+o n, business services, instruc+onal services, genera l retail, offi ces, personal services, restaurant, and residen+al. T he applicant's concept pla n includes the pro posed three-story building with mixed-use office a nd commercial space on the first two fl o o rs, with the possibility of 12 two-bedro o m residen+a l units o n the third. T hese residen+a l units wo uld only be permi3ed with a Special U se Permit, which is a sepa rate considera+o n from this rezoning. T he concept plan includes a 37.5' Special Highway O verlay D istric t Streetya rd. T he subject parcels are bo unded by B ump Along Road to the east, R a intree Ro ad to the west and Market Street to the so uth. T he site is lo cated near the Porters N eck Gro wth N ode. T he subject site co nsists of two parcels. T he pa rc el tha t fronts Market St is currently zoned (C Z D ) B -2, while the rear parcel is zoned O &I . T hese parcels were fi rst rezoned in 2011 for a religio us ins+tu+on. T he pa rcel that f ro nts Market was rezo ned to (C ZD) B -2 in 2018 for a two-sto ry commercial develo pment. N either develo pment has mo ved forward at this +me. T he O &I district is intended to pro vide lands tha t accommodate ins+tu+o nal, professio nal o ffice and other co mpa+ble uses. T here are a wide variety of uses permi3ed in O &I . C ommon uses include residen+al, educa+onal, civic (go vernment services) and o ffice (medical, light c o mmercia l). T he current (C ZD) B -2 zo ning applies only to the po r+o n of the site fron+ng Market S t, and wo uld allow a project with limited co mmercial uses, offi ce space and a high-turno ver restaurant. B ecause the concept plan has changed to pro vide f o r a different site layout, both parcels a re coming ba c k f o r rezo ning to (C Z D) B -2. T he B -2 district wa s established to pro vide for the pro per site layout and development o f larger forma t o r larger structure size business uses, including big box sto res and automobile dealers. I t is also designed to pro vide f o r the appro priate loca+o n and design of auto -o riented uses tha t meet the needs of the mo to ring public or that rely on pass- by traffi c. T he applicant is seeking a (C ZD) B -2 zone as B -2 allows for building heights up to 50'. Planning Board - December 1, 2022 ITEM: 4 Access is proposed to be provided to the subject pro perty from B ump Alo ng Ro ad, a private lo cal ro ad, and f ro m R aintree Road, an N C D OT maintained road. Access on both B ump Along Road and R aintree Road will be full-access in and o ut. Traffic calming devices are proposed on the R a intree Roa d entrance, as noted on the co ncept plan. I t is es+mated that the site will generate approximately 52 A M peak ho ur trips a nd 85 P M peak hour trips. A T I A was completed for the original Z18-02 rezo ning case. T he site plan and propo sed uses for Z18-02M do no t include the previously appro ved uses o f "fast food restaurant with drive-thru" and "high turno ver restaurant," so the trip genera+on numbers f o r Z18-02M are lower and no w f all below the 100 pea k ho ur threshold that triggers the county's T I A requirement. T he applicant has pro posed a condi+on tha t the improvements required as part of the appro ved 2018 Traffic I mpact Analysis must be completed in a c c o rda nce with N C D OT 's standa rds prio r to issuanc e o f a C er+ficate of O ccupancy. T he C omprehensive Plan classifies the site as C ommunity Mixed U se, and it is lo cated near the Po rters N eck Gro wth N o de. T he C ommunity Mixed U se Place Type promotes a mix of retail, o ffice, and residen+al development at moderate densi+es. I t also recommends higher-intensity mixed use with fi rst floor retail and office with ho using above at a building height range of one to three stories. T he proposed rezoning is generally C O N S I S T E N T with the 2016 C omprehensive Plan because it is loca ted in an area designated as C o mmunity Mixed U se, is located near a growth no de, and provides f o r the uses that are 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 themE nsure N H C has appropriate housing to support business gro wthI ncrease connec+vity of residents to each o ther and their investment to N ew Hanover C o unty 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 ased on the reco mmended uses and intensity for C o mmunity Mixed U se places, the co ntext and compa+bility with the immedia te surro unding area, and reduced traffi c impact in this transi+o nal area, staff rec ommends approval o f this applica+on and suggests the following mo+on with the propo sed condi+ons. I move to recommend A P P R OV A L the pro posed rezo ning to a (C ZD) B -2. I find it to be C O N S I S T E N T with the purpo ses and intent o f the C o mprehensive Plan beca use it is loca ted in an area designated as C o mmunity Mixed U se, is located nea r a gro wth no de, a nd provides for the uses tha t are appro priate f o r this area. I also fi nd rec o mmending A P P R OV A L of the rezo ning request is reasonable and in the public interest because the propo sal pro vides neighborho o d-serving commercial develo pment. P roposed C ondi7ons: 1. T he improvements required as part o f the a ppro ved 2018 Traffi c I mpact Analysis must be co mpleted in acco rdance with N C D OT 's standards prior to issua nce o f a C er+ficate of O ccupancy. 2. T he two-way vehicular connec+o n to R aintree Road, extending to B ump Along Road, must be included within a 30-foot wide access easement that is dedica ted f o r public use. 3. T he por+on o f B ump Alo ng Ro ad adjo ining the subject pro perty must be improved as a minimum 20' paved, two -way drive and dedicated for public use, either by dedica +ng an access easement or private right-o f -way. 4. Subject property owners will par+cipate with all other pro perty o wners along B ump Along ro ad in a ro ad maintenance agreement for their pro-rate roa d frontage. Planning Board - December 1, 2022 ITEM: 4 5. E xterio r ligh+ng, including luminaries and security lights, shall be arranged o r shielded so as not to cast illumina+o n in an upward direc+on above an ima gina ry line extended from the light so urces parallel to the ground. Fixtures shall be numbered suc h that adequate levels o f ligh+ng are maintained, but that light spillage and glare are not direc ted a t adjacent pro perty, neighboring a rea s, o r motorists. L ight posts sha ll be no taller than 20'. A lterna7 ve M o7on for Denial I mo ve to reco mmend D E N I A L of the pro posed rezoning to a (C Z D ) B -2. W hile I fi nd it to be C O N S I S T E N T with the purpo ses and intent o f the C o mprehensive Plan beca use it is loca ted in an area designated as C o mmunity Mixed U se, is located near a growth no de, a nd provides for the uses that are appro priate for this area, I fi nd reco mmending D E N I A L o f the rezoning request is reaso na ble and in the public interest because it is not consistent with the desired character o f the surrounding community a nd will a dversely impact the adjacent neighborho o d. AT TA C H M E N T S : Descrip+on Z18-02M PB Script Z18-02M Staff Report Z18-02M Zoning Map Z18-02M FLUM Z18-02M Mailout Map Initial Application Cover Sheet Z18-02M Application Z18-02M Community Meeting Information Concept Plan Cover Sheet Z18-02M Concept Plan TIA Cover Sheet Z18-02M TIA Z18-02M Public Comments Cover Sheet 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 - December 1, 2022 ITEM: 4 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z18-02M) Rezoning Request (Z18-02M) – Request by Cindee Wolf with Design Solutions, applicant, on behalf of Bailey & Fuller Properties, LLC, property owner, to modify the CZD zoning of two parcels totaling approximately 3.44 acres of land located at 7887 Market Street from (CZD) B-2, Regional Business and O&I, Office and Institutional to (CZD) B-2, Regional Business. 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-2. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located near 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. Proposed Conditions: 1. The improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT’s standards prior to issuance of a Certificate of Occupancy. 2. The two-way vehicular connection to Raintree Road, extending to Bump Along Road, must be included within a 30-foot wide access easement that is dedicated for public use. Planning Board - December 1, 2022 ITEM: 4 - 1 - 1 3. The portion of Bump Along Road adjoining the subject property must be improved as a minimum 20’ paved, two-way drive and dedicated for public use, either by dedicating an access easement or private right-of-way. 4. Subject property owners will participate with all other property owners along Bump Along Road in a road maintenance agreement for their pro-rata road frontage. 5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than 20’. Example Motion for Denial I move to recommend DENIAL the proposed rezoning to a (CZD) B-2. 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 Community Mixed Use, is located near a growth node, and provides for the uses that are appropriate for this area, I 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. 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 - December 1, 2022 ITEM: 4 - 1 - 2 Z18-02M Staff Report PB 12.1.2022 Page 1 of 18 STAFF REPORT FOR Z18-02M CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z18-02M Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolfe with Design Solutions Bailey & Fuller Properties, LLC Location: Acreage: 7887 & 7957 Market St 3.44 PID(s): Comp Plan Place Type: R03600-003-042-005 & R03600-003-042- 004 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Commercial & Office Space, Mixed Use with potential residential units Current Zoning: Proposed Zoning: (CZD) B-2 and O&I (CZD) B-2, Regional Business SURROUNDING AREA LAND USE ZONING North Religious Institution, Banking Services R-15 East Commercial Services - across Market St. B-2 South Multi-Family Residential (Amberleigh Shores)- across Market St. City of Wilmington (MD- 17) West Single-Family Residential R-15 Planning Board - December 1, 2022 ITEM: 4 - 2 - 1 Z18-02M Staff Report PB 12.1.2022 Page 2 of 18 ZONING HISTORY July 6, 1971 Initially zoned R-15 | (Area 5) February 21, 2011 Approved Rezoning Case Z-909: Rezoned from R-15 to O&I for religious institution. April 2, 2018 Approved Rezoning Case Z18-02: Rezoned the southern parcel from O&I to (CZD) B-2 for commercial and office space. 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 No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Planning Board - December 1, 2022 ITEM: 4 - 2 - 2 Z18-02M Staff Report PB 12.1.2022 Page 3 of 18 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct a 3-story, 50’ height building, with 12,800 sq ft of retail use on the first floor and 25,600 sq ft of office space on the second and third floors. The corresponding parking for the site is located adjacent to the building with an additional lot to the north. • The proposed site plan limits the uses to the following o Residential units (third floor)- only permitted with a Special Use Permit o Indoor recreation (no shooting range permitted) o Bank and/or financial institution o Business Service Center o Restaurant (no drive-thru permitted) o Offices for private business & professional activities 37.5’ SHOD Streetyard Planning Board - December 1, 2022 ITEM: 4 - 2 - 3 Z18-02M Staff Report PB 12.1.2022 Page 4 of 18 o Instructional services & studios o Personal services, general (no tattoo parlor permitted) o Retail sales, general • The applicant’s proposed conceptual plan includes a 37.5’ enhanced SHOD streetyard, 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. • The applicant has also proposed the potential for residential use on the third floor; this would be tied to a Special Use Permit which is a separate consideration from this rezoning. ZONING CONSIDERATIONS • The subject parcels have been rezoned multiple times since R-15 zoning was initially established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. Since that time, water and sewer services have become more available to the surrounding area. • These parcels were first rezoned in 2011 to O&I for a religious institution. The O&I district 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). • The current (CZD) B-2 zoning applies only to the portion of the site fronting Market St, and would allow a project with limited commercial uses, office space and a high -turnover restaurant. The O&I district is still applied to the rear parcel. • The B-2 district was established 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. • Because the concept plan has changed to provide for a different site layout, both parcels are coming back for rezoning to (CZD) B-2. Planning Board - December 1, 2022 ITEM: 4 - 2 - 4 Z18-02M Staff Report PB 12.1.2022 Page 5 of 18 Z18-02, original site plan • The current (CZD) B-2 zoning of the front parcel and the proposed (CZD) B-2 zoning require a 30’ side setback and a 35’ rear setback. If this rezoning is approved, both parcels would be subject to the B-2 side and interior setbacks from residential properties. The current O&I district of the rear parcel requires a 25’ side setback and a 30’ rear setback for the adjacent residential properties. • The applicant is seeking a (CZD) B-2 zone as B-2 allows for building heights up to 50’. • 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 proposed (CZD) B-2 district requires a Type A: Opaque Buffer between itself and adjacent residential uses. • The UDO contains controls on exterior lighting on site. The maximum illumination levels at the common property line with the residential properties to the north and west shall not exceed 0.5-foot candles. The height of exterior light fixtures shall not exceed 25 feet and all exterior luminaries shall be cut-off fixtures that are directed downward. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. • 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 - December 1, 2022 ITEM: 4 - 2 - 5 Z18-02M Staff Report PB 12.1.2022 Page 6 of 18 AREA SUBDIVISIONS UNDER DEVELOPMENT Z18-02M Planning Board - December 1, 2022 ITEM: 4 - 2 - 6 Z18-02M Staff Report PB 12.1.2022 Page 7 of 18 TRANSPORTATION • Access is proposed to be provided to the subject property from Bump Along Road, a private local road, and from Raintree Road, an NCDOT maintained road. • Access on Bump Along Road and Raintree Road will be full-access in/out. • Traffic calming devices are proposed on the Raintree Road cut-through, as noted on the concept plan. • The entrance to Market Street from Bump Along Road is full-access. • A TIA was completed for the Z18-02 rezoning case. The site plan and proposed uses for Z18-02M do not include the previously approved uses of “fast food restaurant with drive- thru” and “high turnover restaurant,” so the trip generation numbers for Z18-02M are lower and now fall below the 100 peak hour threshold that triggers the County’s TIA requirement. Planning Board - December 1, 2022 ITEM: 4 - 2 - 7 Z18-02M Staff Report PB 12.1.2022 Page 8 of 18 Required Improvements • The applicant has proposed as a condition for Z18-02M that the improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT’s standards prior to issuance of a Certificate of Occupancy. • The TIA recommends the installation of a southbound right turn lane extending from Bump Along Road to Mendenhall Drive with the turn lane tying into the U-turn bump-out designed for the future U-4902D project, which includes installation of a sidewalk along Market St. The TIA also recommends the signalization to the future U-turn at Market Street intersection. These improvements will require coordination with NCDOT, whereas NCDOT would design and construct the improvements as part of the U-4902D project with the developer being responsible for the associated costs. • The WMPO and NCDOT have approved the TIA and accepted the recommended improvements. The approval letter, which lists all of the transportation improvements for the project, is included in the Board’s packet. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Development under Current Zoning: 13,000 sq ft office building (typical O&I buildout on this acreage) 15,000 sq ft retail/commercial building approved in Z18-02 40 AM / 51 PM 134 AM / 264 PM Proposed Development: 38,400 sq ft. 3-story building 52 AM / 85 PM Planning Board - December 1, 2022 ITEM: 4 - 2 - 8 Z18-02M Staff Report PB 12.1.2022 Page 9 of 18 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-4902D – Market Street Improvements o Project for access management improvements from N. College Road to Station Road and from Middle Sound Loop Road to the Mendenhall Drive/Marsh Oaks Drive intersection. o Install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10-foot multi-use path on the eastern side of the street, and a 5-foot sidewalk on the western side of the street. o The project is currently under construction and is expected to be completed by early- 2023. Planning Board - December 1, 2022 ITEM: 4 - 2 - 9 Z18-02M Staff Report PB 12.1.2022 Page 10 of 18 • STIP Project U-4751, U-4751A – Military Cutoff Extension o Project to extend Military Cutoff from Market Street to I-140. o The project is currently under construction and is expected to be completed in early- 2023. o The project will also install a sidewalk and multi-use path along the extension of Military Cutoff and the sections of Market Street included in the project. 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. Bayshore Commercial • 20,000 sf Medical/Dental Office • 70,000 sf Shopping Center • 8,000 sf High Turnover Sit Down Restaurant • 4,000 sf Fast Food Restaurant with Drive Thru • TIA approved September 11, 2019 • 2022 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Signalized full movement intersection at Market and Bayshore/Torchwood • Construct pocket left turn lane at T-intersection • Construct westbound approach for ingress and egress • Proposed stop-controlled full movement intersection at Market and Church Driveway Nearby Proposed Developments included within the TIA: • None Development Status: No construction has occurred at this time. Planning Board - December 1, 2022 ITEM: 4 - 2 - 10 Z18-02M Staff Report PB 12.1.2022 Page 11 of 18 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: • Provide a northbound right turn lane at the site access on Market Street • Extension of the southbound left turn lane on Market Street to 400’ of storage with an appropriate deceleration and taper length. This improvement is already programmed and expected to be built by others. Nearby Proposed Developments included within the TIA: • Amberleigh Shoes II-B Development Status: No construction has occurred at this time. Proposed Development Land Use/Intensity TIA Status 3. The Bailey Shoppes (original TIA completed for this development) • 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. Planning Board - December 1, 2022 ITEM: 4 - 2 - 11 Z18-02M Staff Report PB 12.1.2022 Page 12 of 18 Proposed Development Land Use/Intensity TIA Status Beaumont Oaks • 62 single family detached units • 34 single family attached units • 204 multi-family (low rise) units • Revised TIA approved June 22, 2022 • 2023 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Upon attaining 1,000 daily site trips, applicant to provide updated traffic counts and Phasing Study Analysis • Construct eastbound ingress/egress at Shiraz Way with stop control and internal protected stem • Construct westbound ingress/egress at Market St with stop control and internal protected stem Nearby Proposed Developments included within the TIA: • None Development Status: Construction is scheduled to be complete in 2023 ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The part of the property that fronts Market St does contain wetlands regulated by the US Army Corps of Engineers. The Corps of Engineers is working with the applicant to address wetland mitigation. • The rear of the property, where the parking is located, does contain wetlands that are to be preserved as noted on the concept plan. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I & 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 - December 1, 2022 ITEM: 4 - 2 - 12 Z18-02M Staff Report PB 12.1.2022 Page 13 of 18 OTHER CONSIDERATIONS Representative Comparable Developments of existing (CZD) B-2 Rendering of Z22-18 Two-story mixed use development, Courtyard at Masonboro Planning Board - December 1, 2022 ITEM: 4 - 2 - 13 Z18-02M Staff Report PB 12.1.2022 Page 14 of 18 Two-story mixed use development, Masonboro Station Planning Board - December 1, 2022 ITEM: 4 - 2 - 14 Z18-02M Staff Report PB 12.1.2022 Page 15 of 18 Representative Comparable Developments of proposed (CZD) B-2: 3-story office and residential building, Mayfaire 3-story office and residential building, Lumina Commons Planning Board - December 1, 2022 ITEM: 4 - 2 - 15 Z18-02M Staff Report PB 12.1.2022 Page 16 of 18 Context and Compatibility • The property is located along Market Street, a major commercial corridor. • This property is near the Porters Neck Growth Node, an area of the County that is seeing rapid growth. • Much of the surrounding land to the North and West is used for residential purposes, while parcels to the South and the East are developed for commercial use. • The subject site is across Market St from Amberleigh Shores, a three-story multi-family residential development. • The applicant has proposed 12 two-bedroom residential units for this site, on the third floor. These units would only be permitted through a Special Use Permit, and would make this a mixed-use site, which is appropriate and encouraged in the Community Mixed Use Place Type. • 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 - December 1, 2022 ITEM: 4 - 2 - 16 Z18-02M Staff Report PB 12.1.2022 Page 17 of 18 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. Analysis The subject property is located in the northeastern portion of the county along a major road corridor and is near 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 Community Mixed Use, which promotes development of small-scale, mixed-use developments. This place type is common for areas along highway corridors. This place type assignment is intended to support more density near major roads with a transition to lower densities adjacent to existing lower intensity residential neighborhoods. The subject property would ideally provide for the needs of adjacent residential neighborhoods and support multi-modal connections to the higher intensity growth node to the Northeast. The proposed project can provide lower-intensity commercial services for nearby residents, while incorporating the planned Market Street multi-use path (U-4902D) and improving road interconnectivity that will provide additional access for residents of the abutting neighborhoods. The applicant is proposing a 38,400 sq ft, 3-story building on a 3.44 acre site. Commercial uses and office space are encouraged in the proposed B- 2 zoning district, the intent of which is to provide proper site layout and development of larger format or larger structure size business uses. This is the type of use that one is likely to see along a commercial corridor. This project is a modification of Z18-02, which was originally approved by the Board of Commissioners in 2018. The updated site plan reconfigures the building layout, limits some of the originally proposed uses and adds parking. Consistency Recommendation The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located near a growth node, and provides for the uses that are appropriate for this area. Planning Board - December 1, 2022 ITEM: 4 - 2 - 17 Z18-02M Staff Report PB 12.1.2022 Page 18 of 18 STAFF RECOMMENDATION Based on the recommended uses and intensity for Community Mixed Use places, the context and compatibility with the immediate surrounding area, and reduced traffic impact in this transitional area, staff recommends approval of this application and suggests the following motion with the proposed conditions: I move to APPROVE the proposed rezoning to a (CZD) B-2. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located near 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. Proposed Conditions: 1. The improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT’s standards prior to issuance of a Certificate of Occupancy. 2. The two-way vehicular connection to Raintree Road, extending to Bump Along Road, must be included within a 30-foot wide access easement that is dedicated for public use. 3. The portion of Bump Along Road adjoining the subject property must be improved as a minimum 20’ paved, two-way drive and dedicated for public use, either by dedicating an access easement or private right-of-way. 4. Subject property owners will participate with all other property owners along Bump Along Road in a road maintenance agreement for their pro-rata road frontage. 5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than 20’. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) B-2. 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 Community Mixed Use, is located near 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 - December 1, 2022 ITEM: 4 - 2 - 18 Planning Board - December 1, 2022 ITEM: 4 - 3 - 1 Planning Board - December 1, 2022 ITEM: 4 - 4 - 1 Planning Board - December 1, 2022 ITEM: 4 - 5 - 1 Initial Application Documents & Materials Planning Board - December 1, 2022 ITEM: 4 - 6 - 1 Page 1 of 6 Conditional Zoning District Application – Updated 02-2022 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 Design Solutions Cindee Wolf Bailey & Fuller Properties, L.L.C. Wilmington, NC 28406 Jacksonville, NC 28541 910-620-2374 910-346-8443 cwolf@lobodemar.biz cwbaileyandassociates.biz (Contact: Chris Bailey) 405 D Western Blvd. P.O. Box 7221 Planning Board - December 1, 2022 ITEM: 4 - 7 - 1 Page 2 of 6 Conditional Zoning District Application – Updated 02-2022 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. 7887 & 7957 Market Street 3.44 ac.(CZD) B-2 & O&I Community Mixed-Use 3.44 ac. 316905.18.8602 / 316905.18.6800 (CZD) B-2 The proposed project is a 3-story structure with basic commercial uses on the ground floor, offices on the second floor, and the opportunity to put additional offices or residential units on the third floor. Uses will be limited to: ** Indoor recreation (no shooting range permitted) ** Bank and / or Financial Institution ** Business Service Center ** Restaurant (no drive-thru permitted) ** Offices for private business & professional activities ** Instructional services & studios ** Personal services, general (no tattoo parlor permitted) ** Retail sales, general ** Commercial Mixed-use (if approved by SUP) ** The improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT's standards prior to issuance of a Certificate of Occupancy. ** The two-way vehicular connection to Raintree Road, extending to Bump Along Road, must be included within a 30-foot wide access easement that is dedicated for public use. ** The portion of Bump Along Road adjoining the subject property must be improved as a minimum 20' paved, two- way, drive and dedicated for public use, either by dedicating an access easement or private right-of-way. ** Subject property owners will participate with all other property owners along Bump Along Road in a road maintenance agreement for their pro-rata road frontage. ** Exterior lighting, including luminaries & security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage & glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty (20) feet. Planning Board - December 1, 2022 ITEM: 4 - 7 - 2 Page 3 of 6 Conditional Zoning District Application – Updated 02-2022 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. 52 85 Planning Board - December 1, 2022 ITEM: 4 - 7 - 3 Page 4 of 6 Conditional Zoning District Application – Updated 02-2022 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? Planning Board - December 1, 2022 ITEM: 4 - 7 - 4 Page 5 of 6 Conditional Zoning District Application – Updated 02-2022 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) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda.  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 proposed 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 CAW CAW CAW Planning Board - December 1, 2022 ITEM: 4 - 7 - 5 Planning Board - December 1, 2022 ITEM: 4 - 7 - 6 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 7957 Market Street Proposed Zoning: (CZD) B-2 & O & I to (CZD) B-2 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 September 28, 2022 . A copy of the written notice is also attached. The meeting was held at the following time and place: Tuesday, October 11th, 6:00 p.m.; Ogden Park Picnic Shelter #2. The persons in attendance at the meeting were: Reference attached sign-in List The following issues were discussed at the meeting: A brief synopsis was given of the proposed development changes compared to the previous commercial development on the Market Street frontage only. Primary topics of conversation were proposed uses, traffic on Raintree Road, and particularly existing drainage issues. It was explained that the same improvements required by the previous Traffic Impact Analysis would be made for this project. Also, that storm drainage improvements, including not only on-site management of runoff from project surfaces, but other mitigation features should assist in remedying existing flooding problems. Additional information was provided, as requested, on buffering, tree preservation, and mitigation. As a result of the meeting, the following changes were made to the rezoning petition: None Date: October 31, 2018 Applicant: Design Solutions By: Cindee Wolf Planning Board - December 1, 2022 ITEM: 4 - 8 - 1 Planning Board - December 1, 2022 ITEM: 4 - 8 - 2 1 cwolf@lobodemar.biz From:cwolf@lobodemar.biz Sent:Monday, October 17, 2022 11:37 AM To:'Cindy Dunigan' Subject:RE: Bailey Shoppes Attachments:2018 Approved Plan.pdf; Bailey Shoppes Exhibit.pdf; Elevs Exhibit.pdf; Johnny Williams Survey Update May2021.pdf; Tree Retention Regs.pdf; Construction Limits Exhibit.pdf Cindy, Sorry for the email delivery error, but I did receive this. The exhibits I had the other evening are attached – including the existing approved plan that can be constructed whether the proposed modification moves forward or not. My purpose in mentioning it is with that scenario, the back lot could be developed for any permitted use in the Code. It is not currently controlled by a “conditional” district overlay. The modification proposal would include that parcel into the overall project boundary and provide some surety of development controls. I’ve answered your questions below. Sometimes explanations are much easier in conversation. Don’t hesitate to call if you have other questions or need further clarification. From: Cindy Dunigan <weepingwilowe@gmail.com> Sent: Sunday, October 16, 2022 2:01 PM To: cwolf@lobodemar.biz; Cindy Dunigan <weepingwilowe@gmail.com> Subject: Bailey Shoppes Hi Cindy ‐ Thank you for your time on October 11th at Ogden Park to discuss the Bailey Shops & Offices project. One of my neighbors picked up some drawings(s) that night...can you send me what you have please? I have a couple questions: 1. Why did the developer decide to change from 2 buildings to 1? The initial plan was substantially still a single building. There was just a pedestrian walkway between the “structures.” 2. If they decide to do condo's will they be rentals or sold? There would potentially be enough floor area for a maximum of twelve (12) 2‐bedroom “condominiums” on the top floor – IF the developer found that residential tenants were interested. To the best of my knowledge, the Developer would maintain ownership of the entire building. The units, whether commercial, office or residential, would be rented. 3. The Market Street road work has started at Mendenhal for the UTurn but there doesn't' look like a dedicated lane from the UTurn to Bump Along. Didn't you mention that would be the case? The NCDOT improvement project does not include a right‐turn lane into Bumpalong Road. It will be the responsibility of this developer to install that full lane from the u‐turnaround at Mendenhall to Bumpalong – at his cost – prior to occupancy of this project being issued. Likewise, the widening & pavement improvements to Bumpalong and the connection to Raintree would need to be in‐place prior to actual use of this property. 4. When will the tree mitigation be done? Planning Board - December 1, 2022 ITEM: 4 - 8 - 3 2 I have reviewed the actual field survey of the current conditions, and attached a printout for you. Also attached is the County regulation for tree retention. Mitigation is required only for “significant” trees that need to be removed for “essential site improvements.” Other than a couple of large‐trunk Pines, removal of the “regulated” trees within the rear parking area is permitted. The rear of the parking area is over 40’ from the rear boundary line. No tree removal (of any size tree) will be permitted within the first 20’ – considered “buffer.” If there is still visibility into the site , then the existing vegetation has to be supplemented with new evergreen shrubs that will screen to a height of at least six (6) feet. Additional trees in the next 20’ would only be removed if necessary for grading the parking pad. Before construction begins, tree protection fencing has to be installed around the limits of disturbance. This protects natural areas that are committed for preservation – including the rear buffer. Mitigation of the Pines would be either planting or payment‐in‐lieu of approximately sixty (60) new trees – IN ADDITION TO – all trees normally required for the landscape regulations: streetyard, buffer, parking shading & foundation plantings. All new plantings would not be required until completion of construction and request for occupancy. Thanks again, Cindy Dunigan 129 Bump Along Rd, Wilmington, NC 28411 614‐361‐8400 Planning Board - December 1, 2022 ITEM: 4 - 8 - 4 5-22 New Hanover County, NC | Unified Development Ordinance 5.3.4. TREE RETENTION STANDARDS A. Identification of Regulated Trees Three types of trees are regulated or protected by this section. They are Documented Trees, Significant Trees, and Specimen Trees. This categorization of trees is based on the tree species and existing minimum Diameter at Breast Height (DBH) of the trees. Documented Trees, Significant Trees, and Specimen Trees regulated or protected by this section are identified in Table 5.3.4.A: Regulated Trees. Table 5.3.4.A: Regulated Trees Regulated Tree Type Minimum Diameter at Breast Height (DBH) Documented Trees Dogwoods and American Hollies 4 inches Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 8 inches Other Conifers 12 inches Significant Trees Dogwoods, Magnolias, Native Flowering Trees, and American Hollies 8 inches Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 18 inches Other Conifers 24 inches Specimen Trees Live Oaks, Pond Cypress, and Bald Cypress 36 inches * Only includes Sweetgums when they are located within required vegetative buffer areas or required open space set-asides B. The Planning Director may permit or require a reduction in required street yards, landscape islands, foundation plantings, setbacks, or other dimensional, parking, or landscaping standards for the purpose of retaining significant or specimen trees. C. A minimum of 15 trees at least two inches DBH or two caliper inches, as applicable, shall be retained or planted on a parcel where development occurs in accordance with Section 5.4, Landscaping and Buffering. D. Regulated trees within a 50-foot perimeter of the property must be retained and protected during non-exempt tree harvests. All significant trees shall be retained. E. If existing trees and shrubs on the site where a transitional buffer is required meets at least 50 percent of the required opacity standards, then those trees and shrubs shall be retained for use in buffering and supplemented as needed with plantings, fences, and/or berms to meet the required standards of Section 5.4.3, Transitional Planning Board - December 1, 2022 ITEM: 4 - 8 - 5 Planning Board - December 1, 2022 ITEM: 4 - 8 - 6 Planning Board - December 1, 2022 ITEM: 4 - 8 - 7 ADJACENT PROPERTIES WITHIN 500' PERIMETER OF 7887 & 7957 MARKET STREET: OWNER NAME MAILING ADDRESS CITY / STATE / ZIP SITUS ADDRESS 4 BEA LLC 109 MENDENHALL DR WILMINGTON, NC 28411 109‐B MENDENHALL DR WILMINGTON 4 BEA LLC 109 MENDENHALL DR WILMINGTON, NC 28411 109‐A MENDENHALL DR WILMINGTON 4 BEA LLC 109 MENDENHALL DR WILMINGTON, NC 28411 109 MENDENHALL DR WILMINGTON 7946 MARKET STREET LLC 537 UPLAND DR WILMINGTON, NC 28411 7946 MARKET ST WILMINGTON ALABASTER MICHAEL G ETAL 113 BUMP ALONG RD WILMINGTON, NC 28405 113 BUMP ALONG RD WILMINGTON ALDI LLC PO BOX 460047 HOUSTON, TX 77056 7954 MARKET ST WILMINGTON ALLEN RICHARD RPO BOX 1867 FAYETTEVILLE, NC 28302 7815 RAINTREE RD WILMINGTON AMBERLEIGH SHORES LLC 900 BROOKSTONE CENTRE PKWY COLUMBUS, GA 31904 7910 MARKET ST WILMINGTON BARNES JAMES L IV ETAL 7802 RAINTREE RD WILMINGTON, NC 28411 7802 RAINTREE RD WILMINGTON BOWMAN REX ETAL 125 MENDENHALL DR WILMINGTON, NC 28405 125 MENDENHALL DR WILMINGTON BRINKER STEPHEN A PATRICIA G 205 MENDENHALL DR WILMINGTON, NC 28411 205 MENDENHALL DR WILMINGTON BROUSSEAU RAYMOND E 201 MENDENHALL DR WILMINGTON, NC 28411 201 MENDENHALL DR WILMINGTON CAPE FEAR HABITAT FOR HUMANITY 3310 FREDRICKSON RD WILMINGTON, NC 28401 7858 RAINTREE RD WILMINGTON CASSEL RACHAEL E KEVIN W 7820 SANSBERRY CT WILMINGTON, NC 28411 7820 SANSBERRY CT WILMINGTON COLLINS RICHARD STANLEY 7807 RAINTREE RD WILMINGTON, NC 28411 7807 RAINTREE RD WILMINGTON COLLINS SIDNEY R 7809 HAZELTON CT WILMINGTON, NC 28405 7809 HAZELTON CT WILMINGTON CORNING FEDERAL CREDIT UNION PO BOX 767 CORNING, NY 14830 7961 MARKET ST WILMINGTON CROMARTIE CHEVALIER V KELLY A 7839 RAINTREE RD WILMINGTON, NC 28411 7839 RAINTREE RD WILMINGTON DUNIGAN MARY L ETAL 129 BUMP ALONG RD WILMINGTON, NC 28411 121 BUMP ALONG RD WILMINGTON DUNIGAN MARY L ETAL 129 BUMP ALONG RD WILMINGTON, NC 28411 129 BUMP ALONG RD WILMINGTON EDGE CABINET COMPANY INC PO BOX 1379 CLINTON, NC 28329 7843 RAINTREE RD WILMINGTON FAZARRI ANDREW JAN 7831 SANSBERRY CT WILMINGTON, NC 28411 7831 SANSBERRY CT WILMINGTON GEORGE RONALD E 7812 HAZELTON CT WILMINGTON, NC 28411 7812 HAZELTON CT WILMINGTON GRATHWOL PROPERTY HOLDINGS LLC PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7814 RAINTREE RD WILMINGTON GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7819 SANSBERRY CT WILMINGTON GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, N 28480 7847 RAINTREE RD WILMINGTON GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7838 RAINTREE RD WILMINGTON GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7818 RAINTREE RD WILMINGTON GUTHERIE HILLARY ETAL 133 MENDENHALL DR WILMINGTON, NC 28411 133 MENDENHALL DR WILMINGTON GUTIERREZ ANDRADE LAZARO 7801 HAZELTON CT WILMINGTON, NC 28411 7801 HAZELTON CT WILMINGTON HERREN SAMUEL J DELWOOD W 7825 SANSBERRY CT WILMINGTON, NC 28411 7825 SANSBERRY CT WILMINGTON JACKSON INVESTMENTS INC 446 AQUARIUS DR WILMINGTON, NC 28411 7799 ALEXANDER RD WILMINGTON JENSEN PAUL G 7805 HAZELTON CT WILMINGTON, NC 28411 7805 HAZELTON CT WILMINGTON KLUKAS RICHARD K 116 BUMP ALONG RD WILMINGTON, NC 28411 128 BUMP ALONG RD WILMINGTON LIBERTY BAPTIST CHURCH OF WILM INC 7957 MARKET ST WILMINGTON, NC 28405 7957 MARKET ST WILMINGTON MITCHELL DEBORAH 7827 SANSBERRY CT DR WILMINGTON, NC 28411 7827 SANSBERRY CT WILMINGTON MONTELEONE NICHOLAS 5505 COLONIAL OAKS DR APEX, NC 27539 118 BUMP ALONG RD WILMINGTON PENLAND ALICE FAYE PO BOX 10012 WILMINGTON, NC 28405 7810 RAINTREE RD WILMINGTON POTTER WALTER LARRY VIRGINIA S 7804 HAZELTON CT WILMINGTON, NC 28405 7804 HAZELTON CT WILMINGTON REMY LLC 7890 MARKET ST WILMINGTON, NC 28411 7890 MARKET ST WILMINGTON RICHARDET AARON J DANIELLE L 9100 SALEM CT WILMINGTON, NC 28411 138 BUMP ALONG RD WILMINGTON ROUSE ROBERT A PAMELA C 7803 RAINTREE RD WILMINGTON, NC 28405 7803 RAINTREE RD WILMINGTON SAKASH THOMAS E 7824 PENCADE RD WILMINGTON, NC 28405 7828 PENCADE RD WILMINGTON SANTABALLA ELENA V MARK MARCUM 6007 WARING AVE LOS ANGELES, CA 90038 129 MENDENHALL DR WILMINGTON SHALLOW TRAVIS LEIGH 117 BUMP ALONG RD WILMINGTON, NC 28411 117 BUMP ALONG RD WILMINGTON SHIN BOO MIN 7808 HAZELTON CT WILMINGTON, NC 28411 7808 HAZELTON CT WILMINGTON SMITH WARREN D AMELIA S 137 MENDENHALL DR WILMINGTON, NC 28411 137 MENDENHALL DR WILMINGTON SPENGLER RORRIE A ETAL 7811 RAINTREE RD WILMINGTON, NC 28405 7811 RAINTREE RD WILMINGTON THOMAS DUANE CATHERINE 209 MENDENHALL DR WILMINGTON, NC 28411 209 MENDENHALL DR WILMINGTON WILKES BAILEY C 7806 RAINTREE RD WILMINGTON, NC 28411 7806 RAINTREE RD WILMINGTON WQGOODMAN PROPERTIES LLC 963 CHADWICK SHORES DR SNEADS FERRY, NC 28460 7888 MARKET ST WILMINGTON Planning Board - December 1, 2022 ITEM: 4 - 8 - 8 September 28, 2022 To: Property Owners in the Vicinity Re: Bailey Shoppes & Offices – 7887 Market Street A commercial project was approved for this tract back in April, 2018, but construction has been pending completion of the NCDOT improvements to Market Street. With that being closer, my clients are interested in proceeding with a modified plan for the project. This proposal would require a Conditional Zoning District (CZD) re‐approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use(s), structure and layout of an approved proposal can be developed. An exhibit of the updated project layout is enclosed. Specific points of change include the elimination of any drive‐thru use, adding a 3rd story, and the improvement of the previously non‐designated rear lot as a parking area. As to vehicular trip generation, these changes will actually reduce it from the previous proposal, but the recommended adjacent road improvements would still be completed. A meeting will be held on Tuesday, October 11th, 6:00 p.m., at Picnic Shelter #2, Ogden Park Drive (north side of the lake adjacent to the Dog Park). It will provide an opportunity for further explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. If you cannot attend, you are also 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, look forward to being an asset to the community. Planning Board - December 1, 2022 ITEM: 4 - 8 - 9 Planning Board - December 1, 2022 ITEM: 4 - 8 - 10 Planning Board - December 1, 2022 ITEM: 4 - 8 - 11 Concept Plan Planning Board - December 1, 2022 ITEM: 4 - 9 - 1 Planning Board - December 1, 2022 ITEM: 4 - 10 - 1 Traffic Impact Analysis Planning Board - December 1, 2022 ITEM: 4 - 11 - 1 Planning Board - December 1, 2022 ITEM: 4 - 12 - 1 Planning Board - December 1, 2022 ITEM: 4 - 12 - 2 Public Comments In Support 0 Neutral 0 In Opposition 0 Planning Board - December 1, 2022 ITEM: 4 - 13 - 1