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Conditional Zoning Application - Market Street TownhomesPage 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 CIP Construction Company 201 N. Elm Street, Suite 201 Greensboro, NC 27401 910-791-6707 (rep) aengebretson@paramounte-eng.com (rep) *See Attached 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. 8100 Block of Market Street *See Attached +/- 33.54 Acres (Rezoning Area)B-2, I-1, & R-15. Landscape Contractor / Undeveloped Urban Mixed Use / General Residential RMF-M +/- 33.54 Acres 10.94 du/ac N/A *See Attached 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: *See Attached Multi-family Housing (Low-Rise) 348 Dwelling Units 131 170 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. *See Attached *See Attached 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? *See Attached 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 P P P P P P PEI PEI PEI PEI PEI 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 Market Street Townhomes 8100 Block of Market Street Conditional Rezoning Narrative & Supplemental Information Ownership Parcels: R03600-005-006-002, R03600-005-007-000 Owner: Bee Safe Porters Neck LLC 201 North Elm Street, Suite 201 Greensboro, NC 27401 Parcels: R03700-004-147-000, R03700-004-148-000, R03700-004-189-000 Owner: Parham Herbert E 8304 Bald Eagle Lane Wilmington, NC 28411 Parcels: R03600-006-082-000 Owner: Yunaska Robert L 6777 Market Street Wilmington, NC 28405 Applicant Information CIP Construction Company 201 North Elm Street, Suite 201 Greensboro, NC 27401 Agent Information Paramounte Engineering, Inc. 123 Cinema Drive Wilmington, NC 28403 aengebretson@paramounte-eng.com 910-791-6707 Lee Kaess, PLLC 3414 Wrightsville Avenue Wilmington, NC 28403 amy@leekaess.com 910-399-3447 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). CIP Construction Company is requesting to rezone 33.54 acres of land located in the 8100 block of Market Street to (CZD) RMF-M in order to develop a townhome community consisting of a maximum of 348 units. The subject property is currently zoned as B-2, I-1, and R-15. A landscape contracting business previously occupied the area zoned B-2, which fronts on Market Street. The remaining area proposed to be rezoned was previously a farm/nursery. Only a small portion of the parcel zoned I-1 is included in order to provide the needed access to the remaining parcels to the east. Zoning Map The proposed project creates a neighborhood of two and three story townhomes. The units are varied in height with the end units being two story and the interior units being three stories in each building. The interior units all have garages, but the end units rely on surface parking since they do not have garages.. The buildings are arranged to create a structured streetscape devised to promote walking and limit vehicular/pedestrian conflicts. The tree-lined streets will have sidewalks connecting building facades to the immediately adjacent parallel parking along the project roads. While parking can be used by residents, the parallel spaces are provided for visitors and overflow parking. The resident parking is enclosed in the interior motor courts allowing the resident required surface parking and access to the in-unit garages. The project proposes access from Market Street and to keep through traffic out of adjacent neighborhoods. While there are two other road stubs to the project, the Porters Crossing road connection stubs into a NHC conservation overlay district (COD). As such, this project leaves the COD in tact and avoids making this road connection. The adjacent Porters Pointe neighborhood has a road stub at the Brays Drive property line. We propose a secondary access at this location for emergency-only access. It will have a siren activated or Knox Box gate to prevent vehicles from traveling through Porters Pointe to Porters Neck Road. The amenity and clubhouse/ pool facilities are located closest to Market Street just off the main entrance. The site has beautiful, specimen live oaks along the southwestern property line, and these will remain and be celebrated as the entrance to the townhome neighborhood. These are the property’s only known specimen trees. The project has an approved TIA which recommends two major improvements to Market Street, a signalized left turn at Cypress Pond Way adjacent to Food Lion, and an extension to the existing right turn lane leading to Porters Neck Road. While these improvements are to be installed by the developer due to the development, we see advantage for improved traffic circulation for cars making the left to the Food Lion shopping center or a U-turn to access the Medac or other professional offices in the area. Furthermore, the required, extended right turn lane will provide additional stacking for cars accessing Porters Neck Road. The project offers much needed housing to help our documented housing shortage while also offering a transitional development between the Market Street commercial corridor and existing single family neighborhoods. Proposed Condition(s) 1. Access to and from Brays Drive shall be gated and restricted to emergency vehicles only. 2. Buffers against residential properties are widened as shown on the conditional rezoning plan. Conditional Zoning District Considerations 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. AND 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 site is classified as Urban Mixed Use and General Residential on the Future Land Use Map included in the 2016 Comprehensive Plan. In addition, the property falls within the general area of the Porters Neck Growth Node. Future Land Use Map The Urban Mixed Use classification promotes a mixture of residential, office, and commercial uses at higher densities and intensities. Mixed uses are encouraged on the same parcel in this classification, but they can also be adjacent each other and separated by roadways in a horizontal pattern. For residential uses, single-family housing is preferred, though higher density single-family housing, such as rowhouse/townhouse development, is not prohibited. Urban Mixed Use areas promote the highest densities in the County and are where the RMF-H zoning district, which allows up to 36 dwellings units per acre, would be most appropriate. The General Residential classification focuses on lower density housing (ranging up to eight dwelling units an acre) and associated civic and commercial services. Types of uses appropriate in these areas include single-family residential, low- density multi-family residential, light commercial, civic, and recreational. Growth nodes are areas of concentrated development, having higher intensities and densities than the surrounding area. High-density development is promoted in these areas that will promote pedestrian activity and alternative transportation options. It is also important to note that the Future Land Use Map is a general representation of the vision for New Hanover County. The location of the place type classifications are not parcel specific, like a zoning classification, but identify general areas where certain land uses are appropriate. Overall, the proposed rezoning is consistent with the Future Land Use Map and applicable policies of the 2016 Comprehensive Plan. The proposed development offers a transition between Market Street and existing R-15 development. Townhomes are appropriate in both the Urban Mixed Use and General Residential classifications and help achieve Goal XV of the Comprehensive Plan that encourages the development of a range and diversity of housing types. The proposed density of 10.94 du/ac also reflects an appropriate blend of the recommendations of the Urban Mixed Use and General Residential place types, and the Porters Neck Growth Node. While the density may be exceeding the recommended density for General Residential areas, the Comprehensive Plan supports increased density in Urban Mixed Use areas and Growth Nodes (Goal III). Lastly, according to the County’s recent Housing Needs Assessment Update, there is a gap of approximately 29,000 for-sale and rental units available to residents over the next decade. These numbers have also increased since the Housing Needs Assessment was first completed in 2020 (up from approximately 24,000 units). This rezoning would help provide much needed housing in the county and add to the diversity of housing types in the area. Housing Gap Estimates – City of Wilmington & New Hanover County Housing Needs Assessment Update 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 original zoning of the surrounding area was adopted in the early 1970s, prior to the installation of much of the roadway and utility infrastructure that exists today. The adjacent section of the Market Street corridor has since grown into a major commercial node in the County containing many businesses including big box retailers, grocery stores, medical offices, and restaurants. In addition, the construction of Interstate 140 has provided convenient access to the highway system and Wilmington area. As a result, the 2016 Comprehensive Plan identified the area as a growth node which promotes higher density development.