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HomeMy WebLinkAbout2023-10-05 PB AGENDA PACKET NEW HANOVER COUNTY PLANNING BOARD AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC 28401 Members of the Board Jeffrey P Petroff, Chair |Donna Girardot, Vice-Chair Paul Boney|Hansen Ma'hews |Jeffrey Stokley Jr. | H. Allen Pope |Colin J. Tarrant Rebekah Roth, Director| Ken Vafier, Planning Manager OCTOBER 5, 2023 6:00 PM Call to Order Pledge of Allegiance REGULAR ITEMS OF BUSINESS The Planning Board may consider substanal changes in these peons as a result of objecons, debate, and discussion at the meeng, including rezoning to other classificaons. 1 Public Hearing Rezoning Request (Z23-18) - Request by Cindee Wolf with Design Solu9ons, applicant, to rezone approximately 1.63 acres zoned R-15, Residen9al located at 6218 Carolina Beach Road to (CZD) B-2, Highway Commercial for an office and warehousing facility. 2 Public Hearing Text Amendment Request (TA23-03) - Request by New Hanover County Planning & Land Use to amend Ar9cles 2 and 5 of the Unified Development Ordinance to incorporate standards for electric vehicle charging sta9ons. OTHER ITEMS 1 Staff Presenta9on - UDO Maintenance Text Amendment - Subdivision Plat Cer9ficates Update Planning Board - October 5, 2023 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2023 Regular DEPARTMENT: Planning PRESENTER(S): Wendell E. Biddle, Development Review Planner CONTACT(S): Wendell E. Biddle; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z23-18) - Request by Cindee Wolf with Design Solu9ons, applicant, to rezone approximately 1.63 acres zoned R-15, Residen9al located at 6218 Carolina Beach Road to (CZD) B-2, Highway Commercial for an office and warehousing facility. BRIEF SUMMARY: The applicant is proposing to rezone approximately 1.63 acres from R-15 to (CZD) B-2, Highway Commercial zoning district for a maximum 4,450 square foot office and warehousing facility. The exis7ng site currently includes a single- family dwelling, a swimming pool, and two accessory structures. The applicant is proposing to remove the single-family dwelling and swimming pool, convert the exis7ng accessory structures into a maximum 650 square foot office and a maximum 600 square foot storage supply building for a proposed U-Haul rental business. The warehouse is not accessible to the public. Individual temporary storage containers are transported to a customer's off-site loca7on for use, and the business returns the containers to the warehouse for short or long-term storage. The applicant has included a 20-foot-wide public access easement along Carolina Beach Road, a condi7on has ben included guaranteeing the easement. The applicant has also included an enhanced Type A opaque buffer yard along the western and southwestern property lines adjacent to neighboring residen7al uses. The buffer is proposed as a minimum 35-foot-wide spa7al buffer with a Type A Opaque Buffer consis7ng of three rows of evergreen shrubs a minimum of 6 feet in height that will provide full visual opacity within one year of plan7ng. The buffer will be supplemented by an addi7onal two rows of staggered evergreen shrubs an7cipated to grow a minimum of 15-20 feet tall. A condi7on has been included guaranteeing the addi7onal buffer. CFPUA does not currently have water and sewer infrastructure in the immediate area, however, the nearby Pierson's Point residen7al development on the east side of Carolina Beach Road is an7cipated to extend water and sewer to the area within the next year. Private u7lity provider, Aqua, also has nearby sewer infrastructure currently serving the neighboring Sellars Cove development. Addi7onal infrastructure improvements may be required to enable future connec7on to public sewer from the site. Access will be provided through an exis7ng residen7al driveway connec7on to Carolina Beach Road. If approved an NCDOT driveway permit will be required. The R-15 district was established to ensure housing densi7es served by private well and sep7c would be developed at low densi7es. Since that 7me, the Carolina Beach Road corridor has experienced a transi7on to higher density residen7al and mixed commercial districts from the Monkey Junc7on growth node to Halyburton Parkway to the south. Planning Board - October 5, 2023 ITEM: 1 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 loca7on and design of auto-oriented uses that meet the needs of he motoring public or that rely on pass- by-traffic. When adjacent to residen7al proper7es, the B-2 district requires a 30-foot side interior setback and a 35-foot rear setback. Sec7on 4.3.5.D of the UDO contains addi7onal requirements for warehousing uses prohibi7ng the storage of live animals, explosives, and flammable gases or liquids in the B-2 zoning district. As currently zoned, the subject site could accommodate a maximum of four single-family dwelling units under the performance residen7al standards. It is es7mated the site would generate approximately 3 AM and 4 PM peak hour trips if developed at the permiBed density for performance development in the R-15 district. The proposed (CZD) B-2 development is es7mated to generate 1 Am and 1 PM peak hour rips, decreasing the es7mated number of peak hour trips by approximately 2 AM and 3 PM trips. The proposed project is located along a major arterial highway that is currently over planning capacity. Future NCDOT improvements to Carolina Beach Road north of the project are an7cipated to alleviate current condi7ons, while the proposed project reduces overall traffic impacts compared to by-right development allowed under current zoning. Access is proposed through a single limited access driveway with nearby U-turn movements approximately 700 feet north and south of the site. The proposed project's peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis and NCDOT will review the project through the driveway permiDng process for any required improvements to the exis7ng driveway. The property is located along Carolina Beach Road between higher density mul7-family development and commercially zoned proper7es south of the intersec7on of Sanders Road and Carolina Beach Road. 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 Comprehensive Plan designates this site as Community Mixed Use, which focuses on small-scale, compact, mixed use development paBerns that serve all modes of travel and act as an aBractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recrea7onal, commercial, ins7tu7onal, and mul7-family and single- family residen7al. The proposed (CZD) B-2 zoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby exis7ng and future residen7al developments. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff’s recommenda7on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera7ons, and technical review. The property is located along Carolina Beach Road between higher density mul7-family development and commercially zoned proper7es south of the intersec7on of Sanders Road and Carolina Beach Road. The proposed project reduces overall es7mated traffic in an area of roadway that is currently over planning capacity and could act as an appropriate transi7on between the highway corridor and adjacent higher density residen7al development. Addi7onal condi7ons have been provided to limit uses to offices and warehousing, increase the visual buffer to the Planning Board - October 5, 2023 ITEM: 1 west, provide for future pedestrian accommoda7ons along Carolina Beach Road, and to reduce poten7al ligh7ng impacts to adjacent proper7es. As a result, Staff recommends approval of the proposal andsuggests the following mo7on with the proposed condi7ons: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby exis7ng and future residen7al developments. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project reduces es7mated traffic impacts to the adjacent roadway and would act as an appropriate transi7on between the highway and neighboring high density residen7al development, with the following condi7ons: Proposed Condi9ons: 1. Uses shall be limited to Offices for Private Business and Professional Ac7vi7es and Warehousing. 2. A minimum 20-foot-wide dedicated public access easement shall be required extending from the northern property line to the southern property line parallel to Carolina Beach Road. Adjustments to the loca7on of the easement along Carolina Beach Road may be approved administra7vely by Planning staff due to landscaping, tree preserva7on, driveway access, or u7lity requirements. 3. No commercial RV or boat storage shall be permiBed on site. 4. No outdoor storage of temporary or POD storage containers shall be permiBed on site. 5. The warehouse structure’s maximum allowed building height is 25 feet. 6. Exterior ligh7ng, including luminaries and security lights, shall be arranged or shielded so as not to cast illumina7on in an upward direc7on above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of ligh7ng are maintained, but that light spillage and glare are not directed at adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. 7. The en7re 35 foot wide setback behind the building shall be reserved as a buffer yard. No ac7vi7es shall occur in that area. Two (2) staggered rows of Leyland Cypress or some other evergreen shrub that grows a minimum of 15-20 feet in height will be planted along the rear boundary in addi7on to the prescribed Type A Opaque Buffer, Op7on 1 requiring a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of plan7ng. Alterna9ve Mo9on for Denial I move to recommend DENIAL ofthe proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby exis7ng and future residen7al developments. I find recommending DENIAL of the rezoning request is not reasonable and in the public interest because the proposal is not similar in use to other nearby uses and would not serve as an appropriate transi7on between adjacent land uses. ATTACHMENTS: Descrip7on Z23-18 PB Script Z23-18 PB Staff Report Planning Board - October 5, 2023 ITEM: 1 Z23-18 Zoning Map Z23-18 Future Land Use Map Z23-18 Mailout Map Z23-18 Application Cover Sheet Z23-18 Application Materials Z23-18 Concept Plan Cover Sheet Z23-18 Concept Plan Z23-18 Public Comment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - October 5, 2023 ITEM: 1 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z23-18) Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 1.63 acres zoned R-15, Residential located at 6218 Carolina Beach Road to (CZD) B-2, Highway Commercial for the uses of office and warehousing. 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 and supporters’ presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s and supporters’ 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 a motion and 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. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project reduces estimated traffic impacts to the adjacent roadway and would act as an appropriate transition between the highway and neighboring high density residential development, with the following conditions: Proposed Conditions: 1. Uses shall be limited to Offices for Private Business and Professional Activities and Warehousing. 2. A minimum 20-foot-wide dedicated public access easement shall be required extending from the northern property line to the southern property line parallel to Carolina Beach Road. Adjustments to the location of the easement along Carolina Beach Road may be approved administratively by Planning staff due to landscaping, tree preservation, driveway access, or utility requirements. 3. No commercial RV or boat storage shall be permitted on site. Planning Board - October 5, 2023 ITEM: 1 - 1 - 1 4. No outdoor storage of temporary or POD storage containers shall be permitted on site. 5. The warehouse structure’s maximum allowed building height is 25 feet. 6. 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(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. 7. The entire 35 foot wide setback behind the building shall be reserved as a buffer yard. No activities shall occur in that area. Two (2) staggard rows of Leyland Cypress or some other evergreen shrub that grows a minimum of 15-20 feet in height will be planted along the rear boundary in addition to the prescribed Type A Opaque Buffer, Option 1 requiring a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. Alternative Motion for Denial (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. I find recommending DENIAL of the rezoning request is not reasonable and in the public interest because the proposal is not similar in use to other nearby uses and would not serve as an appropriate transition between adjacent land uses. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) B-2 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 - October 5, 2023 ITEM: 1 - 1 - 2 Z23-18 Staff Report PB 10.5.2023 Page 1 of 13 STAFF REPORT FOR Z23-18 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-18 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Shirley S Norris Location: Acreage: 6218 Carolina Beach Rd 1.63 PID(s): Comp Plan Place Type: R07900-001-316-000 Community Mixed Use Existing Land Use: Proposed Land Use: Residential Office and Warehouse Current Zoning: Proposed Zoning: R-15, Residential (CZD) B-2, Highway Commercial SURROUNDING AREA LAND USE ZONING North Commercial Services, Single Family Residence B-2, R-15, East Hanover Pines Park, the future Pierson’s Point Townhome Development, Single Family Residential, and Vacant Commercially Zoned Property R-15, CZD R-5 (Pierson’s Point), CZD B-1 South Multi-Family Residential R-15 West Multi-Family Residential CZD R-10 (Sellars Cove) Zoning Planning Board - October 5, 2023 ITEM: 1 - 2 - 1 Z23-18 Staff Report PB 10.5.2023 Page 2 of 13 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer Existing residential development is served by private well and septic. Aqua private water and sewer utility are to the north of the site. CFPUA public water and sewer is not currently available. A proposed sewer line extension to serve the Pierson’s Point residential development is anticipated that may provide opportunity for future connection. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Myrtle Grove Station 18 Schools Bellamy Elementary, Murray Middle, and Ashley High Schools Recreation Monterey Heights Park, Veteran’s Park, Hanover Pines (Under Construction) CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Aerial Site Planning Board - October 5, 2023 ITEM: 1 - 2 - 2 Z23-18 Staff Report PB 10.5.2023 Page 3 of 13 APPLICANT’S PROPOSED CONCEPTUAL PLAN Concept Plan with Staff Markups • The applicant is proposing to rezone approximately 1.63 acres from R-15 to (CZD) B-2, Highway Commercial zoning district for a maximum 4,450 square foot office and warehousing facility. • The existing site currently includes a single-family dwelling, a swimming pool, and two accessory structures. The applicant is proposing to remove the single-family dwelling and swimming pool, convert the existing accessory structures into a maximum 650 square foot office and a maximum 600 square foot storage supply building for a proposed U-Haul rental business. • The warehouse would not be accessible to the public. Individual temporary storage containers are transported to a customer’s off-site location for use, and the business returns the containers to the warehouse for short or long-term storage. • The applicant has included a 20-foot-wide public access easement along Carolina Beach Road to accommodate future bicycle and pedestrian infrastructure. A condition has been included guaranteeing the easement. • The applicant has also included an enhanced Type A opaque buffer yard along the western and southwestern property lines adjacent to neighboring residential uses. The buffer is proposed as a minimum 35-foot-wide spatial buffer with a Type A Opaque Buffer consisting of three rows of evergreen shrubs a minimum of 6 feet in height that will provide full visual opacity within one year of planting. The buffer will be supplemented by an additional two rows of staggered evergreen shrubs anticipated to grow a minimum of 15-20 feet tall. A condition has been included guaranteeing the additional buffer. Office Storage Office Warehouse Septic Well Planning Board - October 5, 2023 ITEM: 1 - 2 - 3 Z23-18 Staff Report PB 10.5.2023 Page 4 of 13 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, the Carolina Beach Road corridor has experienced a transition to higher density residential and mixed commercial districts from the Monkey Junction growth node to Halyburton Parkway to the south. • In addition, there has been a trend of adaptive reuse of residential structures converting to commercial use along the corridor. • 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. • The B-2 district requires a 30-foot side interior setback and a 35-foot rear setback when adjacent to residential properties. • Section 4.3.5.D of the UDO contains additional requirements for warehousing uses prohibiting the storage of live animals, explosives, and flammable gases or liquids in the B- 2 zoning district. • The UDO contains controls on exterior lighting on the site. The maximum illumination levels at the common property line with the residential properties shall not exceed 0.5 foot candles and 1.0 foot candles adjacent to the commercial uses. The height of exterior light fixtures shall not exceed 25 feet and all exterior luminaries shall be full cutoff fixtures that are directed downward. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. The applicant has proposed additional lighting restrictions limiting light posts to no taller than 12 feet. • 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 - October 5, 2023 ITEM: 1 - 2 - 4 Z23-18 Staff Report PB 10.5.2023 Page 5 of 13 AREA DEVELOPMENT Planning Board - October 5, 2023 ITEM: 1 - 2 - 5 Z23-18 Staff Report PB 10.5.2023 Page 6 of 13 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 4 single-family dwelling units. PROPOSED ACCESS Primary Access Carolina Beach Road Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Type of Roadway NCDOT major arterial Roadway Planning Capacity (AADT) 41,369 Planning Board - October 5, 2023 ITEM: 1 - 2 - 6 Z23-18 Staff Report PB 10.5.2023 Page 7 of 13 Latest Traffic Volume (AADT) 43,500 (2021) Latest WMPO Point-in-Time County (DT) 51,023 (July 2022) Current Level of Congestion Over planning capacity NEARBY NCDOT STIP ROADWAY PROJECTS U-5790 – Monkey Junction Intersection and Roadway Improvements (2029 Right-of-way acquisition and utilities) - Project to convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection. - The project includes widening Carolina Beach Road south of the intersection to Sanders Road. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed (Mini warehousing/Small Office Building) Designation Potential Impact of Proposed Designation AM Peak Hour Trips 3 1 -2 PM Peak Hour Trips 4 1 -3 Assumptions Typical Development with Existing Zoning – 4 single family detached dwellings. Proposed Development – 650 sf business services office and 2,400 sf warehouse. Sources WMPO TRAFFIC IMPACT ANALYSIS (TIA) 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). SUMMARY The proposed project is located along a major arterial highway that is currently over planning capacity. Future NCDOT improvements to Carolina Beach Road north of the project are anticipated to alleviate current conditions, while the proposed project reduces overall traffic impacts compared to by-right development allowed under current zoning. Access is proposed through a single limited access driveway with nearby U-turn movements approximately 700 feet north and south of the site. The prosed project’s peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis. NCDOT will review the project through the driveway permitting process for any required improvements to the existing driveway. ENVIRONMENTAL • The property is not within a Natural Heritage Area or a Special Flood Hazard Area. • The property is within the Everette Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class 1 (Suitable) soils. The site is currently served by private well and Planning Board - October 5, 2023 ITEM: 1 - 2 - 7 Z23-18 Staff Report PB 10.5.2023 Page 8 of 13 septic. If approved the existing well and septic must be reviewed and approved by New Hanover County Environmental Health. • CFPUA does not currently have water and sewer infrastructure in the immediate area. The nearby Pierson’s Point residential development on the east side of Carolina Beach Road is anticipated to extend water and sewer to the area within the next year. Additional infrastructure may be required to enable future connection to public sewer from the site. Private utility provider Aqua also has nearby sewer infrastructure currently serving the neighboring Sellars Cove development. OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 7, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Year 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and wellbeing, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis Through planned growth and development, residents have access to their basic needs. The proposed CZD B-2 rezoning will allow a business that can support the surrounding community to be located in a transitional area along a major roadway corridor and in close proximity to a number of households. A business-friendly environment that promotes growth, agility, and collaboration. The plan aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable a new business. Planning Board - October 5, 2023 ITEM: 1 - 2 - 8 Z23-18 Staff Report PB 10.5.2023 Page 9 of 13 Representative Developments Representative Developments of R-15 (Existing Zoning): Arrondale Subdivision Carolina Beach Road Planning Board - October 5, 2023 ITEM: 1 - 2 - 9 Z23-18 Staff Report PB 10.5.2023 Page 10 of 13 Representative Developments of Proposed Use: U-Box Portable Storage & Moving Containers on Market Street Pinnacle Storage on Highway 17 Near Pender County Context and Compatibility • The property is located along Carolina Beach Road between higher density multi-family development and commercially zoned properties south of the intersection of Sanders Road and Carolina Beach Road. • Development along the Carolina Beach Road corridor has seen a trend towards higher density multi-family projects and commercial projects. Planning Board - October 5, 2023 ITEM: 1 - 2 - 10 Z23-18 Staff Report PB 10.5.2023 Page 11 of 13 • 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. • Nearby commercial development includes a restaurant, grocery store, and other community level service uses. • Nearby residential developments include the multi-family development Sellars Cove, zoned CZD R-10 in 2007 with a density of 11.5 dwelling units per acre, and the Pierson’s Point townhome development zoned CZD R-5 in 2022 with a density of 7.8 dwelling units per acre. • The proposed use could act as an appropriate transition between the Carolina Beach Road corridor and the multi-family residential to the west. • Additional conditions have been provided to limit uses to offices and warehousing, increase the visual buffer to the west, provide for future pedestrian accommodations along Carolina Beach Road, and to reduce potential lighting impacts to adjacent properties. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Planning Board - October 5, 2023 ITEM: 1 - 2 - 11 Z23-18 Staff Report PB 10.5.2023 Page 12 of 13 Analysis The property is located along Carolina Beach Road between higher density multi-family development and commercially zoned properties south of the intersection of Sanders Road and Carolina Beach Road. The parcel is in an area south of the Monkey Junction growth node in an area that has been transiting from single family residential to higher density residential and commercial development. The Community Mixed Use place type includes commercial uses and encourages infill development along highway corridors. The proposed project could be appropriate in the transitional area while providing service to nearby residents. Additional conditions have been provided to limit uses to offices and warehousing, increase the visual buffer to the west, provide for future pedestrian accommodations along Carolina Beach Road, and to reduce potential lighting impacts to adjacent properties. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The property is located along Carolina Beach Road between higher density multi-family development and commercially zoned properties south of the intersection of Sanders Road and Carolina Beach Road. The proposed project reduces overall estimated traffic in an area of roadway that is currently over planning capacity and could act as an appropriate transition between the highway corridor and adjacent higher density residential development. Additional conditions have been provided to limit uses to offices and warehousing, increase the visual buffer to the west, provide for future pedestrian accommodations along Carolina Beach Road, and to reduce potential lighting impacts to adjacent properties. As a result, Staff recommends approval of the proposal and suggests the following motion with the proposed conditions: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project reduces estimated traffic impacts to the adjacent roadway and would act as an appropriate transition between the highway and neighboring high density residential development, with the following conditions: Planning Board - October 5, 2023 ITEM: 1 - 2 - 12 Z23-18 Staff Report PB 10.5.2023 Page 13 of 13 Proposed Conditions: 1. Uses shall be limited to Offices for Private Business and Professional Activities and Warehousing. 2. A minimum 20-foot-wide dedicated public access easement shall be required extending from the northern property line to the southern property line parallel to Carolina Beach Road. Adjustments to the location of the easement along Carolina Beach Road may be approved administratively by Planning staff due to landscaping, tree preservation, driveway access, or utility requirements. 3. No commercial RV or boat storage shall be permitted on site. 4. No outdoor storage of temporary or POD storage containers shall be permitted on site. 5. The warehouse structure’s maximum allowed building height is 25 feet. 6. 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(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. 7. The entire 35-foot-wide setback behind the building shall be reserved as a buffer yard. No activities shall occur in that area. Two (2) staggard rows of Leyland Cypress or some other evergreen shrub that grows a minimum of 15-20 feet in height will be planted along the rear boundary in addition to the prescribed Type A Opaque Buffer, Option 1 requiring a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. I find recommending DENIAL of the rezoning request is not reasonable and in the public interest because the proposal is not similar in use to other nearby uses and would not serve as an appropriate transition between adjacent land uses. Planning Board - October 5, 2023 ITEM: 1 - 2 - 13 Planning Board - October 5, 2023 ITEM: 1 - 3 - 1 Planning Board - October 5, 2023 ITEM: 1 - 4 - 1 Bodega B a y Rd Rivage P ro m e n a d e   Carolina Beach Rd Sh i l o h D r Ch a n c e l l o r s v i l l e D r App o m a t t o x D r CathayRd CondoCl u b Dr Site (CZD) B-2R-156218 Carolina Beach RoadZ23-18 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Z23-18 Parcels Within 510 Feet Planning Board - October 5, 2023 ITEM: 1 - 5 - 1 Initial Application Documents & Materials Planning Board - October 5, 2023 ITEM: 1 - 6 - 1 Page 1 of 7 Conditional Zoning District Application – Updated 06-2023 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use 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 Shirley S. Norris Design Solutions 6218 Carolina Beach Road P.O. Box 7221 Wilmington, NC 28406 Wilmington, NC 28412 910-620-2374 910-636-2766 (Contract Purchaser: Larry Dendy) cwolf@lobodemar.biz fullcircleconstruction23@gmail.com Planning Board - October 5, 2023 ITEM: 1 - 7 - 1 Page 2 of 7 Conditional Zoning District Application – Updated 06-2023 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: Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if applicable) Please list all of the specific 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. 6218 Carolina Beach Road 313314.24.5134 [R07900-001-316-000] 1.63 acres R-15 / Residential Community Mixed-Use N/A Max. 4,450 Combined of ex. bldgs & proposed (CZD) B-2 1.63 ac.+/- Planning Board - October 5, 2023 ITEM: 1 - 7 - 2 Page 3 of 7 Conditional Zoning District Application – Updated 06-2023 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. 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. Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended Planning Board agenda. ITE Land Use(s): Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: Proposed Vehicle Rental (closest match ... Auto Sales??) / ITE 841 4 employees 4 3 Planning Board - October 5, 2023 ITEM: 1 - 7 - 3 Page 4 of 7 Conditional Zoning District Application – Updated 06-2023 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. 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. Planning Board - October 5, 2023 ITEM: 1 - 7 - 4 Page 5 of 7 Conditional Zoning District Application – Updated 06-2023 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 - October 5, 2023 ITEM: 1 - 7 - 5 Page 6 of 7 Conditional Zoning District Application – Updated 06-2023 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 (all property owners must sign signatory page)  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 Information Meeting Report (complete and signed by agent or all property owners)  Traffic Impact Analysis if applicable (use of attached report document is recommended) • 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 [Note: If elements beyond the minimum requirements are shown on the concept plan they may be considered conditions of approval if not eligible for approval as minor deviations]: 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 CAW CAW CAW N/A CAW CAW Planning Board - October 5, 2023 ITEM: 1 - 7 - 6 CAW CAW Planning Board - October 5, 2023 ITEM: 1 - 7 - 7 Planning Board - October 5, 2023 ITEM: 1 - 7 - 8 Planning Board - October 5, 2023 ITEM: 1 - 7 - 9 Legal DescripƟon for CondiƟonal Zoning District For 6218 Carolina Beach Road Beginning at a point in the boundary of Carolina Beach Road (N.C. Highway 421), a 160’ public right-of-way; said point being at the southeastern corner of “Tract 1” on a division of lands for Thomas L. Sellars, Sr. and Shirley Norris Sellars, recorded among the land records of the New Hanover registry in Map Book 44, at Page 301; and running thence from the point of beginning: South 84010’29” West, 407.66 feet to a point; thence North 03016’29” West, 178.89 feet to a point; thence North 84054’34” East, 400.08 feet to a point in the western boundary of Carolina Beach Road; thence with that right-of-way, South 05042’31” East, 173.58 feet to the point and place of beginning, containing 1.63 acres more or less. Planning Board - October 5, 2023 ITEM: 1 - 7 - 10 NOT FOR REAL ESTATE SALES OR CONVEYANCE PRELIMINARY Planning Board - October 5, 2023 ITEM: 1 - 7 - 11 Page 1 of 2 Community Information Meeting Report – Approved 06-2022 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use COMMUNITY INFORMATION MEETING REPORT This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned development, or intensive industry special use permit in order for the application to be deemed complete. Address/Location Parcel Identification Number(s) Meeting Date and Time Format (Virtual, In-Person, Hybrid) Location if In-Person or Hybrid Selection Criteria for Location Meeting Summary Issues and Concerns Discussed at Meeting 6218 Carolina Beach Road 313314.24.5134 [R07900-001-316-000] Thursday, August 24, 2023 / 6:00 p.m. In--Person Picnic Shelter #2, Veterans Park Closest proximity of a public park to the subject property location Planning Board - October 5, 2023 ITEM: 1 - 7 - 12 Planning Board - October 5, 2023 ITEM: 1 - 7 - 13 Planning Board - October 5, 2023 ITEM: 1 - 7 - 14 Planning Board - October 5, 2023 ITEM: 1 - 7 - 15 Planning Board - October 5, 2023 ITEM: 1 - 7 - 16 Planning Board - October 5, 2023 ITEM: 1 - 7 - 17 Planning Board - October 5, 2023 ITEM: 1 - 7 - 18 Planning Board - October 5, 2023 ITEM: 1 - 7 - 19 PROPERTIES WITHIN A 500' PERIMETER OF 6218 CAROLINA BEACH ROAD: ADJACENT PROP OWNER NAME MAILING ADDRESS UNIT CITY / STATE / ZIP AFETSE MARTHA 645 CONDO CLUB DR UNIT 208 WILMINGTON NC 28412 ALLEN BRENDA 6201 CAROLINA BEACH RD WILMINGTON NC 28412 ALLEN GREGORY K JULIE A 6205 CAROLINA BEACH RD UNIT A WILMINGTON NC 28412 ANDERSON JESSE J 6140 CAROLINA BEACH RD UNIT 26 WILMINGTON NC 28412 ANDO PAUL J III JANET E 434 PRINCETON AVE BRICK NJ 08724 ANGELL INVESTMENT PROP LLC 114 KENNETH CT WILMINGTON NC 28405 BALDWIN HESTER M 632 CONDO CLUB DR UNIT 108 WILMINGTON NC 28412 BASS HOMER F BETTY B 706 BELLE MEADE AVE STATESVILLE NC 28677 BAUGHMAN DONNA S ETAL 645 CONDO CLUB DR UNIT 207 WILMINGTON NC 28412 BENJAMSON CATHERINE E 618 CONDO CLUB DR UNIT 103 WILMINGTON NC 28412 BENNETT MICHAEL E ETAL 645 CONDO CLUB DR UNIT 311 WILMINGTON NC 28412 BENTZ REBECCA 645 CONDO CLUB DR UNIT 202 WILMINGTON NC 28412 BKING PROPERTIES LLC PO BOX 116 MORRISVILLE NC 27560 BOWDEN DAVID 632 CONDO CLUB DR UNIT 206 WILMINGTON NC 28412 BUDZISZEWSKI MICHAEL KAREN 618 CONDO CLUB DR UNIT 304 WILMINGTON NC 28412 BULLOCK BRANDON G 618 CONDO CLUB DR UNIT 310 WILMINGTON NC 28412 BURT ROBERT L JANE E 3620 BUTTON BUSH CT SOUTHPORT NC 28461 CAMBER JAMES E 645 CONDO CLUB DR UNIT 105 WILMINGTON NC 28412 CAMPBELL ROBERT A JR 510 SEAVIEW RD WILMINGTON NC 28409 CANTWELL BETH ETAL 618 CONDO CLUB DR UNIT 303 WILMINGTON NC 28412 CATANZARO JAMIE A 632 CONDO CLUB DR UNIT 207 WILMINGTON NC 28412 CHIPRUT DAVID 632 CONDO CLUB DR UNIT 304 WILMINGTON NC 28412 COASTAL EAST PROPERTIES LLC 5700 OLEANDER DR WILMINGTON NC 28403 CONNOLLY JOHN M HEIRS 632 CONDO CLUB DR UNIT 201 WILMINGTON NC 28412 COPENHAVER BARBARA A 6203 CAROLINA BEACH RD WILMINGTON NC 28412 CORTESE SANDRA A ETAL 645 CONDO CLUB DR UNIT 102 WILMINGTON NC 28412 CRIBB POLLY GREENE 226 RUTLEDGE DR WILMINGTON NC 28412 CROSS DIANA B ETAL 2 ISLAND VIEW DR SHELBY NC 28150 CRUESS ELIZABETH ANN 618 CONDO CLUB DR UNIT 201 WILMINGTON NC 28412 CRUMPLER ANGELA S 412 EASY WIND LN GARNER NC 27529 DAWSON DANIEL S 632 CONDO CLUB DR UNIT 306 WILMINGTON NC 28412 DENNY PHYLLIS 645 CONDO CLUB DR UNIT 101 WILMINGTON NC 28412 DEPAUL KENNETH E DEBORAH J 3312 ROXBURY DR WAKE FOREST NC 27587 DIAZ TOMAS C ROBERTA L 202 CANDLENUT LN SMITHFIELD NC 27577 DOTSON DANIEL SARAH PO BOX 24481 LEXINGTON KY 40524 ERVIN WILLIAM H SANDRA L 4613 S OCEAN BLVD UNIT 9A NORTH MYRTLE BEACH SC 29582 FERRARA MELANIE 645 CONDO CLUB DR UNIT 206 WILMINGTON NC 28412 FRAGOS GROUP LLC 5312 BELLWOOD CT WILMINGTON NC 28412 GALIOTO PETER JR 618 CONDO CLUB DR UNIT 301 WILMINGTON NC 28412 GENTRY DIANE 632 CONDO CLUB DR UNIT 310 WILMINGTON NC 28412 GRAVES MICHAEL RICHARD 632 CONDO CLUB DR UNIT 106 WILMINGTON NC 28412 GRIMES CHARLES FAMILY TRUST 303 VANDERBILT RD ASHEVILLE NC 28803 H & H FAMILY LIMITED PTNRSHP 709 CROWS NEST CT WILMINGTON NC 28409 HALLGREN KATHY 645 CONDO CLUB DR UNIT 201 WILMINGTON NC 28412 HARRIS ERIC C JAMIE S 3910 CAPTIVA CT WILMINGTON NC 28412 HARRIS PAUL T 618 CONDO CLUB DR UNIT 207 WILMINGTON NC 28412 HASTY MICHAEL B ETAL 6140 CAROLINA BEACH RD UNIT 24 WILMINGTON NC 28412 Planning Board - October 5, 2023 ITEM: 1 - 7 - 20 HENDRICKS BETTY 645 CONDO CLUB DR UNIT 309 WILMINGTON NC 28412 HOOKS KERI C 632 CONDO CLUB DR UNIT 307 WILMINGTON NC 28412 HOPKINS GNEEDA GLASS 618 CONDO CLUB DR UNIT 302 WILMINGTON NC 28412 HUNT SHAUNTA NICOLE 632 CONDO CLUB DR UNIT 109 WILMINGTON NC 28412 JOHNSON LARRY O JR TRACI M 7036 ORCHARD TRACE WILMINGTON NC 28409 KELLOGG CHRISTOPHER A 730 CATAMARAN DR WILMINGTON NC 28412 KELLY STEVEN L 618 CONDO CLUB DR UNIT 202 WILMINGTON NC 28412 KIDD JONATHAN 645 CONDO CLUB DR UNIT 104 WILMINGTON NC 28412 LAWLOR RICHARD F CAROL ANN 336 HOLLOW VIEW MANHEIM PA 17545 LEITTER EDWARD Y SANDRA R 8923 SHIPWATCH DR WILMINGTON NC 28412 LENDINO STEVEN T 59 POULTS PL ROCKY POINT NC 28457 LEONARD DAN LISA 1022 WATERVIEW CT CAROLINA BEACH NC 28428 LEONARD LISA KAY 1022 WATERVIEW CT CAROLINA BEACH NC 28428 LEWIS IRA L BARBARA 5009 PERTH DR WILMINGTON NC 28412 LEWIS IRA L BARBARA 1326 BURNETT RD WILMINGTON NC 28409 LEWIS PEGGY LEONARD REV TRUST PO BOX 12226 WILMINGTON NC 28405 MARSHBURN ELIZA PO BOX 15261 WILMINGTON NC 28408 MARTIN ALVIN L JR 632 CONDO CLUB DR UNIT 305 WILMINGTON NC 28412 MCDANIEL LINDA A ET AL 134 RICE MARSH WAY WILMINGTON NC 28412 MCGRATH COLIN MARILYN 100 PERIWINKLE LN CAROLINA BEACH NC 28428 MICHEL HASHIM TRUSTEE 2726 CEMETERY RD SANFORD NC 27332 MIDDLE SOUND INVESTMTS INC 7627 MARKET ST SUITE 3 WILMINGTON NC 28411 MIRESSI JOSEPHINE F 6241 CAROLINA BEACH RD WILMINGTON NC 28412 MOOREFIELD SUSAN B TRUSTEE PO BOX 15396 WILMINGTON NC 28408 MYERS RUTH A ETAL 618 CONDO CLUB DR UNIT 111 WILMINGTON NC 28412 NELSON MARY CATHERINE 618 CONDO CLUB DR WILMINGTON NC 28412 NEUBAUER WALTER G SR ETUX 645 CONDO CLUB DR UNIT 305 WILMINGTON NC 28412 NORRIS SHIRLEY S 6218 CAROLINA BEACH RD WILMINGTON NC 28412 NUTZ & BOLTZ VENTURES LLC 7508 CHAMPLAIN DR WILMINGTON NC 28412 OGDEN JAMES ANNELLA TRUST 4113 BREEZEWOOD DR APT 102 WILMINGTON NC 28412 OSBORNE ROBERT L 6140 CAROLINA BEACH RD UNIT R WILMINGTON NC 28412 OUIMETTE HELAINE A 645 CONDO CLUB DR UNIT 106 WILMINGTON NC 28412 PARENTI CELESTE A 618 CONDO CLUB DR UNIT 203 WILMINGTON NC 28412 PARILLO MARIA 9064 ALLURING AVE LAS VEGAS NV 89149 PARIS DANETTE 645 CONDO CLUB DR UNIT 209 WILMINGTON NC 28412 PASSANTE ANGELO T 435 OSBORN AVE RIVERHEAD NY 11901 PIEDMONT COMPANIES INC 2671 E MAIN ST LINCOLNTON NC 28092 PITTS TAMMI R 6207 CAROLINA BEACH RD WILMINGTON NC 28409 PLEASANT SUSAN M 6140 CAROLINA BEACH RD UNIT 22 WILMINGTON NC 28412 POLLOCK JEREMY E DEBRA J 632 CONDO CLUB DR UNIT 107 WILMINGTON NC 28412 POVIA DONALD M DONNA A 218 N SAYBROOK AVE TRENTON NJ 08619 PPC VENTURES LLC PO BOX 12226 WILMINGTON NC 28405 REVELL KATHLEEN D 632 CONDO CLUB DR UNIT 105 WILMINGTON NC 28412 RICE DENNIS RUTH ETAL 575 EDEN DR ENGLEWOOD FL 34223 RIPLEY MARK JANE 270 N HALEDON AVE HALEDON NJ 07508 ROBINSON SHONDA LATOYA 4214 E SACRAMENTO AVE SAINT LOUIS MO 63115 ROBINSON SHONDA LATOYA PO BOX 771432 SAINT LOUIS MO 63177 ROSEMAN MICHAEL 320 BORS RUN APT 101 WILMINGTON NC 28403 SALERNO ANNE ETAL 645 CONDO CLUB DR UNIT 307 WILMINGTON NC 28412 SALMI LORI M 645 CONDO CLUB DR UNIT 303 WILMINGTON NC 28412 Planning Board - October 5, 2023 ITEM: 1 - 7 - 21 SAPP ANGELA M ETAL 12327 TERRICK CT CHARLOTTE NC 28273 SCHNEIDER MARK S 645 CONDO CLUB DR UNIT 310 WILMINGTON NC 28412 SCUFFLE JUSTIN K 632 CONDO CLUB DR UNIT 203 WILMINGTON NC 28412 SEIVERT BRITTON SAMANTHA ETAL 618 CONDO CLUB DR UNIT 106 WILMINGTON NC 28412 SELLARS COVE COA INC 609 PINER RD UNIT 124 WILMINGTON NC 28409 SELLARS COVE COA INC PO BOX 1124 CAROLINA BEACH NC 28428 SGUEGLIA JOHN J JOANNE B PO BOX 1066 CAROLINA BEACH NC 28428 SHAFER JAMES M SUSAN P 301 GREENWICH LN WILMINGTON NC 28409 SOSA CYNTHIA F STEVEN V JR 6354 RANNOCK DR FAYETTEVILLE NC 28304 SPOT GIRL LLC 305 SCOTTSDALE DR WILMINGTON NC 28411 STAMBAUGH MICHAEL A ETAL 618 CONDO CLUB DR UNIT 111 WILMINGTON NC 28412 STRICKLAND BILLY M PO BOX 189 CAROLINA BEACH NC 28428 T JARMAN PROPERTIES LLC 116 ROBERT E LEE DR WILMINGTON NC 28412 THOMAS FLEATHER D III TRINA PO BOX 15538 WILMINGTON NC 28408 TILLER WHITLEY ETAL 632 CONDO CLUB DR UNIT 211 WILMINGTON NC 28412 TLG GROUP LLC 6200 BRADFORD CT JEFFERSON CITY MO 65101 TOWNHOMES @ BEAU RIVAGE LLC 332 MILITARY CUTOFF RD WILMINGTON NC 28405 TURNER EMILY R 618 CONDO CLUB DR UNIT 307 WILMINGTON NC 28412 VALLEE YVETTE M 645 CONDO CLUB DR UNIT 301 WILMINGTON NC 28412 VECCHIO RICHARD A 632 CONDO CLUB DR UNIT 308 WILMINGTON NC 28412 VERIDICAL ENTERPRISES 552 RIVAGE PROMENADE WILMINGTON NC 28412 WALLACE ERIC A ANGELA Y 101 BROCKTON RIDGE DR GARNER NC 27529 WEINBECKER MARGARET I 618 CONDO CLUB DR UNIT 211 WILMINGTON NC 28412 WEISSERT MATTHEW KATHRYN 3210 OLD CHURCH RD MECHANICSVILLE VA 23111 WILKINS STEPHEN G 618 CONDO CLUB DR UNIT 309 WILMINGTON NC 28412 WILM REALTORS FOUNDATION 1836 SIR TYLER DR SUITE 100 WILMINGTON NC 28405 WOOD HEIDI R 632 CONDO CLUB DR UNIT 202 WILMINGTON NC 28412 WOOD JIMMIE MARILYN 618 CONDO CLUB DR UNIT 105 WILMINGTON NC 28412 Planning Board - October 5, 2023 ITEM: 1 - 7 - 22 August 11, 2023 To: Adjacent Property Owners This is a notice of a community information meeting for an upcoming rezoning request on behalf of Shirley S. Norris, property owner. The rezoning request would be from R-15, a residential district, to (CZD) B-2, a conditional business district, for establishment of a moving vehicle and trailer rental business. The meeting is an opportunity for further explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. The subject tract, addressed 6218 Carolina Beach Road, is approximately 1.63 acres. The New Hanover County parcel number (PIN) is 313314.24.5134, and tax identification (PID) is R07900-001-316-000. Your property is located in the proximity, within a 500’ perimeter, of the proposed project. This proposal would be for a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only a specific use, or set of uses, and the proposed site improvements of an approved petition can be developed. A meeting will be held on Thursday, August 24th, 6:00 p.m., at the Veteran’s Park Picnic Shelter #2. The location is off the parking lot north of the tennis courts, 355 Halyburton Memorial Parkway. (See Map below) If you cannot attend, you are also welcome to contact Cindee Wolf at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Planning Board - October 5, 2023 ITEM: 1 - 7 - 23 Planning Board - October 5, 2023 ITEM: 1 - 7 - 24 Page 1 of 2 Community Information Meeting Report – Approved 06-2022 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use TRAFFIC IMPACT ANALYSIS REPORT Applicants are encouraged to fill out this report in addition to providing the required Traffic Impact Analysis to allow for efficient staff review and Board consideration of your application. Address/Location Approval Date Development Proposal Analyzed (number and type of residential units and/or square footage and land use code of non-residential structures) Study Intersections Traffic Data Collection Date(s) Trip Generation N/A - TIA not req'd. 6218 Carolina Beach Road Vehicle rental business with enclosed 3200 s.f.+/-, temporary "POD" container storage building. Planning Board - October 5, 2023 ITEM: 1 - 7 - 25 Page 2 of 2 Community Information Meeting Report – Approved 06-2022 Trip Distribution and Assignment Approved Developments Considered Planned Roadway/Intersection Improvements Considered Approved Background Growth Rate Required Improvements (with phasing if proposed) Planning Board - October 5, 2023 ITEM: 1 - 7 - 26 Concept Plan Planning Board - October 5, 2023 ITEM: 1 - 8 - 1 Planning Board - October 5, 2023 ITEM: 1 - 9 - 1 Public Comments In Support 0 Neutral 0 In Opposition 2 Planning Board - October 5, 2023 ITEM: 1 - 10 - 1 1 Farrell, Robert From:susanna miller <wazo_blue@yahoo.com> Sent:Wednesday, September 20, 2023 11:23 AM To:Farrell, Robert Subject:Rezoning of 6218 Carolina Beach road. ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear Mr. Farrell, I am writing to tell you how Unhappy I am that you are planning to let a Unnecessary U- haul be built in front of my condo at Sellars Cove. When I purchased my condo, one of the things I liked about the area was that they had a Barrier of beautiful trees Blocking the Noise and Pollution from the highway. If you take that away you will be making my life Ugly and Sad. I ask that you Please leave the trees and just let Mother Nature be. The noise from the highway will just increase and this is a place that when you come home to you can relax. My deck will be overlooking this lot and you will be ruining my relaxing tree view. I just ask this builder to find another lot to build on. Sincerely, Susanna Miller 645 Condo Club Drive #305 Wilmington, NC 28412 Planning Board - October 5, 2023 ITEM: 1 - 10 - 2 1 Farrell, Robert Subject:RE: UHAUL Rezoning From: Melanie Ferrara <melferrara49@gmail.com> Sent: Friday, September 22, 2023 5:07 PM To: Biddle, Wendell <wbiddle@nhcgov.com> Subject: UHAUL Rezoning ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hello, I am one of those whose balcony at Sellars Cove will be under the UHAUL business. I don't care about the trees that might hide the business. Would like to sit on your balcony and see the activity on Weekends. Smell the exhaust. Watch them pull into our complex when they over shoot their driveway, They will have problems making the turn to go North on 421 from Cathay. There is a perfect nursery across the street that is already gated and with some changes to the gate would work. It's black topped already and the trucks would have plenty of room to get on 421. This is the stupidest business to place in front of a Residential Complex. I was the one who got WECT's help filming the area and first meeting. They will stay on our story. Do not want this business !! Melanie Ferrara 645 Condo Club Dr. Planning Board - October 5, 2023 ITEM: 1 - 10 - 3 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2023 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner CONTACT(S): Zach Dickerson; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Text Amendment Request (TA23-03) - Request by New Hanover County Planning & Land Use to amend Ar8cles 2 and 5 of the Unified Development Ordinance to incorporate standards for electric vehicle charging sta8ons. BRIEF SUMMARY: New Hanover County Planning & Land Use Staff have dra&ed an amendment to amend Ar(cles 2 and 5 of the Unified Development Ordinance (UDO) in order to provide for Electric Vehicle (EV) Parking Standards. A 2021 Biden Execu(ve Order and 2022 Cooper Execu(ve Order have established federal and state goals for zero- emission vehicles, that 50% of new vehicles in the U.S. be zero-emission by 2030 and at least 1.25 million registered zero emission vehicles in N.C. by 2030. While zero-emission vehicles technically include bicycles and hydrogen-fueled vehicles, most commonly, zero-emission automobiles are electric vehicles (EVs), which along with hybrid vehicles (such as the Toyota Prius), are expected to account for more than half of all light vehicles sold world-wide by 2026, according to a Boston Consul(ng Group study (2021). Currently, electric vehicles only make up a small percentage of vehicles registered in New Hanover County—0.6% or 1,049 vehicles as of the end of May 2023—but NHC has the tenth highest percentage and the eighth highest number of BEVs and PHEVs in North Carolina, respec(vely. Since 2018, NCDOT has been tracking the types of vehicles registered at the state and local level to monitor trends in the move to more fuel-efficient vehicles. Over this period of (me, New Hanover County’s electric vehicle growth has mirrored that of the state as a whole. Over the past decade, a number of communi(es have begun to adapt development regula(ons in order to beFer support the charging networks required for electric vehicles. Considera(ons for New Hanover County include where drivers are most likely to charge their electric vehicles, whether the development market is likely to supply charging sta(ons without county incen(ves or requirements, the design needs for projects with charging sta(ons, and the cost and difficulty to retrofit sites. This amendment is intended to make it as easy and cost effec(ve for property owners to install EV charging sta(ons in the future when it becomes feasible and/or necessary. There is general agreement that a large number of EV charging sta(ons will be needed in the future, but there is not a clear picture of how many that is. The intent of the Amendment is to: - Create clear standards that everyone understands. - Allow for easier and less expensive modifica(ons to install future charging sta(ons. - Avoid burdens on developers and excessive costs for future owners to install charging sta(ons. Planning Board - October 5, 2023 ITEM: 2 - Consider needs of ci(zens that might not be met by the current market. Staff released a dra& of this amendment on September 8, 2023 for a public comment period that ended at 5pm on September 22, 2023. All comments and staff responses are aFached. The proposed amendment has been revised to reflect some of the comments. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the requested amendment and suggests the following mo(on: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to provide for new standards for EV Charging Sta(ons and parking. I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it provides up-to-date tools that promote business success and promotes environmentally responsible growth. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effec(ve ordinance standards. ATTACHMENTS: Descrip(on TA23-03 PB Script TA23-03 PB Staff Report TA23-03 EV Parking Summary Sheet TA23-03 Proposed Amendment Public Hearing Draft TA23-03 Public Comment and Staff Responses COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - October 5, 2023 ITEM: 2 SCRIPT for Unified Development Ordinance Text Amendment (TA23-03) Electric Vehicle (EV) Parking Standards. 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. Supporter’s Presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Staff’s response to questions and concerns (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 amendment. 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 amendment to the New Hanover County Unified Development Ordinance to provide for new standards for EV Parking Standards. I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it provides up- to-date tools that promote business success and promotes environmentally responsible growth. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance to provide for new standards for EV Parking and Stations. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] ______________________________________________________________________________ ______________________________________________________________________________ I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] ______________________________________________________________________________ ______________________________________________________________________________ Planning Board - October 5, 2023 ITEM: 2 - 1 - 1 STAFF REPORT FOR TA23-03 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA23-03 Request: To amend Articles 2 and 5 of the Unified Development Ordinance (UDO) in order to provide for Electric Vehicle (EV) Parking Standards. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance Purpose & Intent: This amendment updates the Unified Development Ordinance to provide for new standards for EV Charging Stations and parking. 1. Definition Update, UDO Section 2.3 a. Addition of definition of EV charging levels: I, II & III. 2. Outlining standards for EV-ready parking spaces when installed, including space, size, location and signage. a. Updating Section 5.1.2, Minimum Off-Street Parking Standards: i. Minimum Number of Required Spaces. ii. Electric Vehicle Parking Space design requirements, including size, equipment protection, signage and usage fees where applicable. iii. Accessible Facilities (ADA Standards for EV Parking Spaces) b. Requiring that minimum electric capacity and conduit be provided for potential charging stations. BACKGROUND A 2021 Biden Executive Order and 2022 Cooper Executive Order have established federal and state goals for zero-emission vehicles, that 50% of new vehicles in the U.S. be zero-emission by 2030 and at least 1.25 million registered zero emission vehicles in N.C. by 2030. While zero- emission vehicles technically include bicycles and hydrogen-fueled vehicles, most commonly, zero- emission automobiles are electric vehicles (EVs), which along with hybrid vehicles (such as the Toyota Prius), are expected to account for more than half of all light vehicles sold world-wide by 2026, according to a Boston Consulting Group study (2021). Zero-emission EVs, also referred to as battery electric vehicles or BEVs, are powered by a battery that is charged by plugging the vehicle into charging equipment. That same equipment can also be used to charge plug-in hybrid electric vehicles (PHEVs), which have both an internal combustion engine and an electric motor and must be charged to operate in all-electric mode. Typical BEVs have driving ranges from 150-300 miles, so local residents using these vehicles may be able to Planning Board - October 5, 2023 ITEM: 2 - 2 - 1 charge sufficiently at home, but most PHEVs can only travel between 20 and 40 miles on electricity alone, so additional charging locations may be required for them to function with zero emissions. Demand for charging stations from tourist vehicles and charging needs for fleet vehicles are also a consideration in New Hanover County. There are three basic types of EV charging stations: Level 1 plugs, the standard wall outlet of 120 volts; Level 2 plugs, which are 240 volts, and Level 3 DC Fast Charging plugs. Level 1 plugs are the slowest chargers (providing 2-5 miles of range per charge hour). As such, they are generally used in single family homes but can also be installed as part of multi-family or condo developments. Level 2 plugs charge quite a bit faster (10-30 miles of range per charge hour) and can be appropriate in a wide variety of locations, including homes of all types, workplaces, fleet parking areas, and public charging stations where longer parking stays are anticipated (parking decks, etc.). Level 3 plugs provide the fastest charges (150+ miles of range per charge hour) and are generally used specifically for shorter term charging. As a note, charging stations may be specifically formatted for certain types of electric vehicles; some automakers, such as Tesla, operate their own charging networks to make their products more convenient. Overall, the Wilmington area has 26 Level 2 public charging plugs and 24 public DC Fast Charging plugs, according to the U.S. Department of Energy. New Hanover County Need for Electric Vehicle Charging Stations Currently, electric vehicles only make up a small percentage of vehicles registered in New Hanover County—0.6% or 1,049 vehicles as of the end of May 2023—but NHC has the tenth highest percentage and the eighth highest number of BEVs and PHEVs in North Carolina, respectively. Since 2018, NCDOT has been tracking the types of vehicles registered at the state and local level to monitor trends in the move to more fuel-efficient vehicles. Over this period of time, New Hanover County’s electric vehicle growth has mirrored that of the state as a whole. The number of BEVs alone in the county (1,049) has tripled since 2020 (339), and if this rate of growth increases, the U.S. Department of Energy recommends that the Wilmington area have 28 Level 2 workplace charging plugs, 38 Level 2 public charging plugs, and 5 public DC Fast Charging plugs by 2024. By 2026, 65 Level 2 workplace charging plugs, 93 Level 2 public charging plugs, and 9 public DC Fast Charging plugs are recommended. New Hanover County currently needs 7 more Level 2 plugs and only need 2 more public DC fast charging plugs to meet the estimated 2024 demand under this model; however, the DEG also recommends prioritizing DC Fast Charging plugs to enable long-distance travel, serve as charging safety nets, and provide charging for drivers without home charging options. These types of electric vehicle charging stations are also the most expensive and can be more difficult to retrofit sites to support. Planning Board - October 5, 2023 ITEM: 2 - 2 - 2 Considerations for Development Over the past decade, a number of communities have begun to adapt development regulations in order to better support the charging networks required for electric vehicles. Considerations for New Hanover County include where drivers are most likely to charge their electric vehicles, whether the development market is likely to supply charging stations without county incentives or requirements, the design needs for projects with charging stations, and the cost and difficulty to retrofit sites. This amendment is intended to make it as easy and cost effective for property owners to install EV charging stations in the future when it becomes feasible and/or necessary. There is general agreement that a large number of EV charging stations will be needed in the future, but there is not a clear picture of how many that is. • Studies indicate that most charging occurs either at home or the workplace where slower charging stations can be appropriate, but 30% of charging does take place in public areas, which would need to be designed for faster charging and more turnover. • The market has provided sufficient charging stations without county intervention to support likely electric vehicle needs through 2024 for public charging stations. Current data does not show that workplace charging plugs or opportunities for multi-family residents are met, however. Charging stations in these locations may require additional considerations than for public sites where drivers pay for charging at commercial-type stations to determine how the electricity will be paid for and allocated to users. Developments targeting different income levels of residents may also create inequities in provision of charging options, as well, though lower income residents are less likely to purchase EVs in the near term. • The provision of EV charging stations does impact site designs, including considerations of mounting, compliance with ADA, required electrical capacity and conduit for future outlets, location of charging areas, and clear signage. • Costs for installation of charging stations as retrofits in existing developments are increased when sites are not equipped with the conduit and electric capacity for charging. In addition, existing parking spaces may not be sized correctly to incorporate charging stations or comply with ADA requirements. • While there is an argument that the market will sufficiently provide for the EV Parking Spaces as EVs become more common, it is the goal of this text amendment to “futureproof” development in the unincorporated County so that new sites will be “EV Ready.” Planning Board - October 5, 2023 ITEM: 2 - 2 - 3 STAFF RECOMMENDATION Staff recommends approval of the attached amendment and suggests the following motion: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to provide for new standards for EV Parking Standards and stations. I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it provides up-to-date tools that promote business success and promotes environmentally responsible growth. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Planning Board - October 5, 2023 ITEM: 2 - 2 - 4 Electric Vehicle (EV) Parking Standards Code Sections Affected Section 2.3, Definitions and Terms Section 5.1.2, Minimum Off-Street Parking Standards Key Intent • Create clear standards that everyone understands. • Allow for easier and less expensive modifications to install future charging stations. • Consider needs of citizens that may not be met by the current market, including accessibility. Changes • Definition for Electric Vehicle Charging Stations is expanded and descriptions of charging levels are added. (See Section 2.3, Definitions and Terms) • EV-ready means that the spaces are designated on the site plan and installation of the conduit required to run electricity to EV charging stations shall be required at construction. The public comment draft has been modified to remove the requirement for installation of wiring since that can degrade over time and may not be appropriate prior to installation of charging stations. (See Section 5.1.2.D.1, Minimum Off- Street Parking Standards) • Electric Vehicle Parking Space Design Requirements are outlined, including size, equipment protection, signage and usage fees where applicable. (See Section 5.1.2.D.2, Minimum Off-Street Parking Standards) • Minimum standards for accessible EV Parking Spaces are outlined. (See Section 5.1.2.D.3, Minimum Off-Street Parking Standards) • Language stating “sites that are designed with the conduit already laid for the EV Charging stations are exempt from subsection (a) above” has been removed. This was a vestige of a prior draft that staff had intended to remove prior to release for public comment. Planning Board - October 5, 2023 ITEM: 2 - 3 - 1 TA23-03 EV Parking- Public Hearing Draft PROPOSED AMENDMENT Section 2.3 Definitions ELECTRIC VEHICLE CHARGING STATION A vehicle parking space served by an electrical component assembly or cluster of component assemblies (battery charging station) designed and intended to transfer electric energy by conductive or inductive means from the electric grid or other off-board electrical source to a battery or other energy storage device within a vehicle that operates, partially or exclusively, on electric energy. [11-16-2020] Charging stations are differentiated by charging levels, which are the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common charging levels, and include the following specifications: A. Level 1 Level 1 charging provides charging through a 120 volt (V), alternating-current (AC) plug. Level 1 is considered as slow charging. Level 1 charging equipment is standard on vehicles and therefore does not require the installation of charging equipment. B. Level 2 Level 2 charging is through a 240V, AC plug and requires installation of home charging or public charging equipment. These units require a dedicated 40 amp circuit. C. Level 3 Level 3 charging is through a 480V, direct-current (DC) plug. Section 5.1. Parking and Loading 5.1.2. MINIMUM OFF-STREET PARKING STANDARDS D. Electric Vehicle Parking 1. Minimum Number of Required Spaces In all new parking facilities and structured parking facilities and expansions of existing parking facilities where 25 or more total parking spaces are provided, the following shall apply: a. At least five spaces, or twenty percent, whichever is greater, of all provided parking spaces shall be electric vehicle-ready spaces, meaning that these spaces shall be designated on the site plan and installation of the conduit and wire required to run electricity to EV charging stations, in order to permit conversion to full electric vehicle charging stations, shall be required at construction. This infrastructure shall include the following: i. A dedicated electrical circuit with sufficient capacity for each charging spot. Planning Board - October 5, 2023 ITEM: 2 - 4 - 1 TA23-03 EV Parking- Public Hearing Draft ii. Installation of the conduit required to run electricity to EV charging stations. b. Sites that are designed with the conduit already laid for the EV Charging stations are exempt from subsection (a) above. 2. Electric Vehicle Space Design Requirements a. Size: Parking spaces used for electric vehicle charging stations shall meet the requirements of Section 5.1.4. b. Equipment Standards and Protection. Where provided, EV parking spaces shall meet the following standards: i. Charging Station Equipment Protection. When the electric vehicle parking space is perpendicular or at an angle to curb face and charging equipment, adequate equipment protection, such as wheel stops or bollards shall be used. ii. Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. Contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered. c. Signage. For the purposes of this subsection, “charging” means that an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment. Signage for parking of electric vehicles shall include: i. Information on the charging station to identify voltage, amperage and safety information. Time limits may be placed on the number of hours that an EV is allowed to charge. If applicable, warnings shall be posted to alert charging station users about hours of use and possible actions affecting EVCS that are not being used according to posted rules. ii. Restrictions shall be included on the signage, if removal provisions are to be enforced by the property owner. iii. As appropriate, direction signs meeting the requirements of Section 5.6.2.i to effectively guide motorists to the charging station space(s). d. Usage Fees. The property owner or operator may collect a service fee for the use of an electric vehicle charging station made available to visitors of the property. Planning Board - October 5, 2023 ITEM: 2 - 4 - 2 TA23-03 EV Parking- Public Hearing Draft 3. Accessible Facilities a. Accessible EV parking spaces should meet the general requirements for accessible parking laid out in the ADA Accessibility Standards. b. Where electric vehicle charging stations are provided in parking lots or structured parking facilities, accessible electric vehicle charging stations shall be provided according to the ratios shown in table 5.1.2.D.3. Table 5.1.2.D:3: Minimum Electric Vehicle Charging Stations Number of EVCS Minimum Required Accessible EVCS 5 - 50 1 51 - 100 2 101 - 150 3 c. It is strongly encouraged, but not required, that a minimum of one accessible EVCS be provided at sites with fewer than 5 EVCS. d. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons Planning Board - October 5, 2023 ITEM: 2 - 4 - 3 TA 23-03 Public Comments and Staff Responses Note: Paraphrased comments received from phone or in-person conversations are shown in italics. Written comments received via email are shown in quotes. Punctuation may have been added to increase clarity, but comments are otherwise verbatim. A full list of sources and the dates comments were sent are provided at the end of this document. Relevant Amendment Section (s) Source Comment Staff Response General Comments Hill Rogers Is a different type/kind/gauge of wire required depending on if a charging station is Level 1, 2 or 3? If the answer is yes, I would delete the requirement for a wire to be installed because someone may need to install three types of wires and only use 1 or 2. Where is the electrical feed coming into the overall facility? Consideration should be given to a cap on the number of EV-ready spaces. In a 600 space deck, 120 spaces would be EV ready as this ordinance is drafted. 1. Staff had intended to remove this language prior to the public comment draft- research indicated that unless charging stations were installed quickly after build-out, the wiring may deteriorate over time and not serve the initial purpose. This language has been removed. 2. This would be site specific, as agreements with Duke Energy are reached and electric permits are granted. Staff elected not to make changes to the amendment in this regard. 3. Staff reached out to a civil engineer experienced in designing EV charging stations as part of structured parking to get a better understanding of whether this is a common issue in development and whether this would be an issue moving forward, based on his experience. They stated that they had not run into this issue before. Staff elected not to make changes to the proposed amendment in regard to this at this time. If this becomes a problem down the road, the text can be amended. General Comments Brad Schuler, Paramounte Engineering “Is there any documentation or study that has been completed that indicates the private market cannot keep up with the demand for charging stations? a. At the last Planning Board meeting, it was stated that the market is currently keeping up with the demand for charging stations according to US Department of Energy guidelines, but that the market is rapidly changing. b. Recently, the Lowes Foods in Murrayville installed EV charging stations, and the Smithfields in Odgen installed EV charging stations with their redevelopment – both without any requirement to do so. We are also starting to get requests from certain clients to include EV charging stations within their new projects. To me, it appears the market will keep up with the demand just like it has for gasoline vehicles – but please let me know if there is any information to that states otherwise. Why do all businesses have to provide for EV infrastructure when, per the US Department of Energy, most charging occurs at home? This amendment will require every use with 25+ parking spaces to install EV infrastructure. Why require this for industrial development that has little customer traffic? Why retail stores that have short customer visits? Why small mom-and-pop businesses? Churches? Affordable housing projects? Why do EV owners need to the ability to charge at every business/parking lot? Can you please confirm if New Hanover County has installed any EV charging stations on County-owned land? To my knowledge there are no EV charging stations at the new government center, downtown parking deck, and county parks – but I may be wrong. I also don’t understand how this is an appropriate zoning regulation. Shouldn’t zoning regulations be based on the impacts generate by the proposed use? Businesses don’t create more EVs on the roads. Charging an EV is also not required for someone to enter a commercial business to buy a product or service. Why should private property owners be responsible for providing charging opportunities for those that choose to own an EV? It seems that EV technology is constantly improving. Who knows what equipment will be required in 5-10 years. Why require conduit/electrical infrastructure now for something that may never be installed? I fear that if the technology changes, or if some folks halfheartedly install the required EV infrastructure, that folks are going to have to reinstall, modify, or never use the infrastructure they were required to install to obtain zoning approval. To me, it seems better to design the EV charging system all at one time. In addition, it seems the range and charging times for EVs are continually improving, resulting in less time an EV needs to be charged.” These comments are primarily related to the amendment concepts and intent, which are outlined and detailed in the staff report. In general, the draft amendment is intended to make it as easy and cost effective for property owners to install EV charging stations in the future when it becomes feasible and/or necessary. While it is uncertain at this time how many EV stations will be necessary in a future market, this sets property and business owners up to be able to retrofit more easily for a lower upfront cost. Planning Board - October 5, 2023 ITEM: 2 - 5 - 1 Planning Board - October 5, 2023 ITEM: 2 - 5 - 2 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2023 Other Business DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director SUBJECT: Staff Presenta)on - UDO Maintenance Text Amendment - Subdivision Plat Cer)ficates Update BRIEF SUMMARY: Staff will provide an overview of the dra# amendment language that updates cer$ficates required for subdivision and exempt subdivision plats and clarifies the process for bonding required landscaping. Following the mee$ng, staff will incorporate the board's feedback and publish the dra#s for public comment in an$cipa$on of a November 2, 2023 public hearing. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presenta$on and provide feedback. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - October 5, 2023 ITEM: 3