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01-04-2023 Planning Board PacketNEW 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 JANUARY 4, 2024 6:00 PM Call to Order Pledge of Allegiance Approval of Minutes 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 (Z23-23) – Request by Cindee Wolf with Design Solu=ons, applicant to rezone 9 parcels totaling approximately 7.28 acres of land located at the 7600 block of Carolina Beach Road between North and South Seabreeze Roads from R-15, Residen=al to (CZD) CB, Community Business for a commercial business park consis=ng of 28,300 maximum square feet of general retail, restaurant, convenience store with fuel pumps, and other limited uses. 2 Public Hearing Rezoning Request (Z23-24) – Request by Cindee Wolf with Design Solu=ons, applicant to rezone approximately 0.44 acres zoned B-2, Regional Business located at 1132 Seabreeze Road to (CZD) R-7, Residen=al for a maximum of two single-family detached residen=al dwelling units. 3 Public Hearing Rezoning Request (Z23-25) - Request by Cindee Wolf with Design Solu=ons, applicant to rezone approximately 10.95 acres zoned R-20, Residen=al and (CZD) R-5, Residen=al Moderate-High Density located at the 3100 block of Blue Clay Road to (CZD) RMF-M, Residen=al Mul=-Family Moderate Density for a maximum of 180 dwelling units. 4 Preliminary Forum Special Use Permit Request (S23-05) - Request by Joseph Taylor, Jr. with Murchison, Taylor, & Gibson, PLLC, applicant, on behalf of 421 Sand Mine, LLC, property owner for the use of High Intensity Mining and Quarrying on approximately 144 acres of an approximately 586-acre parcel located at the 5700 block of Highway 421 N, zoned I-2, Heavy Industrial. Planning Board - January 4, 2024 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 1/4/2024 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 Rezoning Request (Z23-23) – Request by Cindee Wolf with Design Solu9ons, applicant to rezone 9 parcels totaling approximately 7.28 acres of land located at the 7600 block of Carolina Beach Road between North and South Seabreeze Roads from R-15, Residen9al to (CZD) CB, Community Business for a commercial business park consis9ng of 28,300 maximum square feet of general retail, restaurant, convenience store with fuel pumps, and other limited uses. BRIEF SUMMARY: The applicant is proposing to rezone approximately 7.28 acres from R-15, Residen-al, to (CZD) CB, Community Business, for a maximum 28,300 square foot mixed-use commercial business center comprised of several limited uses. The applicant's concept plan outlines several of the proposed buildings, which include a convenience store with fuel sta-ons (maximum 6,100 square feet) along with a fast food restaurant with drive-thru (maximum 5,000 square feet). The concept plan includes a possible small fast service restaurant and medical offices and personal services. The maximum square footage of the office and medical spaces and small office building/personal services is 5,000 square feet each. The proposal also includes a maximum of a 7,200 square feet of strip retail plaza use. The applicant has proposed a condi-on limi-ng uses of the development, excluding the following uses: electronic gaming, outdoor recrea-on, commercial parking lot, car wash, vehicle rentals, minor vehicle service sta-on, ar-san manufacturing, and commercial recycling facility. Under this proposal, all others that are allowed in the CB district are possible. The R-15 district in this area was established in 1971. At the -me, the purpose of the R-15 district was to ensure that housing served by private sep-c and well would be developed at low densi-es. Since that -me private water and sewer services have become available to the surrounding area through private u-lity provider AQUA. The parcels are located within the historical Seabreeze neighborhood. Established in the mid-1920's, the area was a prime vaca-on resort for African Americans within southeastern North Carolina from the 1930's through the 1950's. The CB, Community Business, district was established to provide lands that accommodate the development, growth, and con-nued opera-on of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. As currently zoned, the R-15 site would allow 18 dwelling units under a performance residen-al subdivision. The proposed mixed-use commercial development would generate approximately 389 AM peak hour trips and 284 PM peak hour trips, increasing the number of AM trips by 376 and the number of PM trips by 267. Planning Board - January 4, 2024 ITEM: 1 The proposed project is located along a principal arterial highway with available capacity in the southern por-on of the highway corridor. Access to the property is near a signalized intersec-on onto Carolina Beach Road, with a secondary access on N Seabreeze Road. The local roads (N and S Seabreeze Roads) do not connect to other parts of the surrounding network and therefore have low daily es-mated vehicle counts. The applicant has had a TIA approved by the NCDOT and WMPO requiring several roadway improvements, including improvements in site access with protected stems and new turn lanes, as well as op-miza-on with the signal at the intersec-on of Carolina Beach Road and S Seabreeze Road. (The full TIA can be viewed here). The Comprehensive Plan designates this property as Community Mixed use which focuses on small-scale, compact, mixed use development paEerns that serve all modes of travel and act as an aEractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recrea-onal, commercial, ins-tu-onal, and mul--family and single-family residen-al. The property is located at the intersec-on of Carolina Beach Road and Seabreeze Road, an area that has not experienced the same interest in higher density growth as the northern and central por-ons of the Carolina Beach Road corridor. While much of the surrounding area is low-density residen-al, there are planned higher-density townhomes to the south. The property's proximity to the Snow's Cut bridge along a heavily traveled corridor serves as a loca-on conducive to light commercial development. The Comprehensive Plan recommends a mix of commercial services along the Carolina Beach Road corridor and in the Seabreeze area to serve adjacent residents and to help revitalize the historic Seabreeze area. The proposed (CZD) CB District is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed uses are in line with the recommenda-ons of the Community Mixed Use place type, and the development would act as a community service business node to serve both the Seabreeze Community and the surrounding area. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff’s recommenda-on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera-ons, and technical review. The property is located along Carolina Beach Road just north of the Snow’s Cut bridge and in the historic Seabreeze Community. Though the surrounding area is largely residen-al, the site is located adjacent to the heavily traveled Carolina Beach Road corridor and can serve the surrounding area with commercial uses that reduce travel -mes along that corridor and act as an appropriate transi-on from the corridor to the low-density residen-al area in Seabreeze. As a result, Staff recommends approval of the proposal and suggests the following mo-on: 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 uses are in line with the recommenda-ons of the Community Mixed Use Place Type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the development would act as a community service business node to serve both the Seabreeze Community and the surrounding area. Proposed Condi9ons: Planning Board - January 4, 2024 ITEM: 1 1. Specific excluded uses will include electronic gaming, outdoor recrea-on, commercial parking lot, car wash, vehicle rentals, minor vehicle service sta-on, ar-san manufacturing, and commercial recycling facility. 2. Exterior ligh-ng, including luminaries and security lights, shall be arranged or shielded so as not to cast illumina-on in an upward direc-on above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of ligh-ng are maintained, but that light spillage and glare are not directed at adjacent property(ies), neighboring areas or motorists. 3. Connec-on to a public or private water and sewer u-lity provider is required. Private wells and sep-c systems are not permiEed. 4. If a convenience store with fuel sta-ons is developed on this site, it must be developed adjacent to Carolina Beach Road. Other uses in the Condi-onal District not specifically excluded in Condi-on #1 may be permiEed adjacent to Carolina Beach Road or to the rear of the project. Alterna9ve Mo9on for DENIAL (if based on informa-on presented at the public hearing or other considera-on 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 uses are in line with the recommenda-ons of the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the intensity of the uses is too high for a generally low-density housing area. ATTACHMENTS: Descrip-on Z23-23 PB Script Z23-23 PB Staff Report Z23-23 CB Use List Z23-23 Zoning Map Z23-23 Future Land Use Map Z23-23 Mail Out Map Initial Application Cover Sheet Z23-23 Application Concept Plan Cover Sheet Z23-23 Concept Plan Traffic Impact Analysis Cover Sheet Z23-23 TIA Approval Letter Z23-23 TIA Executive Summary Public Comments Cover Sheet Z23-23 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - January 4, 2024 ITEM: 1 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z23-24) Rezoning Request (Z23-23) – Request by Cindee Wolf with Design Solutions, applicant to rezone 9 parcels totaling approximately 7.28 acres of land located at the 7600 block of Carolina Beach Road between North and South Seabreeze Roads from R-15, Residential to (CZD) CB, Community Business for a commercial business park consisting of 28,300 maximum square feet of general retail, restaurant, convenience store with fuel pumps, and other limited uses. 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 rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with the recommendations of the Community Mixed Use Place Type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the development would act as a community service business node to serve both the Seabreeze Community and the surrounding area. Proposed Conditions: 1. Specific excluded uses will include electronic gaming, outdoor recreation, commercial parking lot, car wash, vehicle rentals, minor vehicle service station, artisan manufacturing, and commercial recycling facility. 2. 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 Planning Board - January 4, 2024 ITEM: 1 - 1 - 1 levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property(ies), neighboring areas or motorists. 3. Connection to a public or private water and sewer utility provider is required. Private wells and septic systems are not permitted. 4. If a convenience store with fuel stations is developed on this site, it must be developed adjacent to Carolina Beach Road. Other uses in the Conditional District not specifically excluded in Condition #1 may be permitted adjacent to Carolina Beach Road or to the rear of the project. 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 uses are in line with the recommendations of the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the intensity of the uses is too high for a generally low-density housing area. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional CB 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 - January 4, 2024 ITEM: 1 - 1 - 2 Z23-23 Staff Report PB 1.4.2024 Page 1 of 18 STAFF REPORT FOR Z23-23 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-23 Request: Rezoning to a Conditional CB district Applicant: Property Owner(s): Cindee Wolf, Design Solutions R&S Forest, LLC ; SOCOL, LLC ; Richard and Susan Yang Location: Acreage: 7611 Carolina Beach Road, 7601 Carolina Beach Road, 7615 Carolina Beach Road, 803 S Seabreeze Rd, 817 S Seabreeze Rd, 831 S Seabreeze Rd 7.28 PID(s): Comp Plan Place Type: R08514-003-004-000; R08514-003-005-000; R08514-003-005-001; R08514-003-006-000; R08514-003-006-001; R08514-003-007-000; R08514-003-007-001; R08514-003-016-000; R08514-003-017-000 Community Mixed Use Existing Land Use: Proposed Land Use: Formerly Pelican’s Snowballs and Residential, Undeveloped, and vacant land. Mixed Commercial Development with Limited Uses Current Zoning: Proposed Zoning: R-15, Residential (CZD) CB, Conditional Community Business Planning Board - January 4, 2024 ITEM: 1 - 2 - 1 Z23-23 Staff Report PB 1.4.2024 Page 2 of 18 SURROUNDING AREA LAND USE ZONING North Residential R-15 East Residential, AQUA Wellhead Protected Area R-15 South Residential R-15 & CZD R-5 West Residential (Snow’s Cut Landing and Capeside Village Subdivisions) R-15 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer CFPUA public water and sewer is not available in the area. Private utility provider Aqua has issued a letter of intent to provide water and sewer service to the proposed development. While typically private wells and septic systems are an alternative in the absence of water and sewer, a condition requiring connection to a utility provider has been recommended by staff. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Murray Middle, and Ashley High Schools Recreation Veterans Park Planning Board - January 4, 2024 ITEM: 1 - 2 - 2 Z23-23 Staff Report PB 1.4.2024 Page 3 of 18 CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation There is some pocosin on the site as noted in the New Hanover County Conservation Resource map. However, it is below the 5-acre area minimum to trigger the controls per UDO Section 5.7.2. Historic While undeveloped, the parcels are located within the historical Seabreeze neighborhood. Established in the mid-1920’s, the area was a prime vacation resort for African Americans within southeastern North Carolina from the 1930’s through the 1950’s before a decline stemming from Hurricane Hazel in 1954, financial trouble, and the end of segregation in the 1960’s. Archaeological No known archaeological resources APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups Potential Restaurant with Drive-Thru Anticipated Retail and Medical Offices Anticipated Fast Casual Restaurant Convenience Store with Fuel Stations Stormwater Pond Planning Board - January 4, 2024 ITEM: 1 - 2 - 3 Z23-23 Staff Report PB 1.4.2024 Page 4 of 18 • The applicant is proposing to construct mixed-use commercial center buildings which are each intended to contain different uses. The concept plan outlines several of the proposed buildings, which include: o A convenience store with fuel stations (maximum 6,100 sq ft), along with a fast food restaurant with drive-thru (maximum 5,000 sq ft) on the part of the site closest to Carolina Beach Road. o On the eastern portion of the site, a possible small fast service restaurant such as Subway or Jimmy John’s and medical offices and personal services, such as tax or finance offices. o The maximum square footage of the office and medical spaces and small office building/personal services is 5,000 sq ft each. o The proposal includes a maximum of a 7,200 sq ft strip retail plaza. • The development’s proposed maximum square footage is 28,300 sq ft. The proposal includes stormwater management and a public access easement along Carolina Beach Road and pedestrian access along portions of N and S Seabreeze Road. • The applicant’s proposed conceptual plan includes a 20’ public pedestrian access easement along Carolina Beach Road, which is also noted as a condition of the proposal. • The applicant has proposed a condition prohibiting the following uses in the Conditional CB District, including electronic gaming, outdoor recreation, commercial parking lot, car wash, vehicle rentals, minor vehicle service station, artisan manufacturing, and commercial recycling facility. • Though the buildings are labeled on the concept plan, those are the anticipated uses for those structures and what served as the basis for the TIA. However, the applicant is requesting for all uses allowed in CB except for those specifically prohibited in the proposed condition. Planning Board - January 4, 2024 ITEM: 1 - 2 - 4 Z23-23 Staff Report PB 1.4.2024 Page 5 of 18 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 well would be developed at low densities. Since that time, private water and sewer services have become available to the surrounding area through private utility provider AQUA. • While the site is zoned R-15, it is on Carolina Beach Road, a heavily traveled corridor which has seen recent commercial growth. • As currently zoned, the subject site would be allowed 18 single-family dwelling units under a performance residential development. • The Community Business (CB) district was established to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5 foot candles and 25 feet in height. The UDO specifies that all exterior luminaries for nonresidential adjacent to single-family residential subdivisions shall be full cut-off features that are directed downward. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. • Per UDO Section 4.3.4.I.2, fuel sales commercial operations shall not be used for the sale of vehicles. • The CB district requires a 25-foot rear setback where it abuts residentially zoned properties. • Commercial properties require an opaque buffer where they abut residential properties. • While zoned R-15, the site did have a Pelican’s Snowballs commercial operation along with a mini golf course for several years. • 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 - January 4, 2024 ITEM: 1 - 2 - 5 Z23-23 Staff Report PB 1.4.2024 Page 6 of 18 AREA DEVELOPMENTS Planning Board - January 4, 2024 ITEM: 1 - 2 - 6 Z23-23 Staff Report PB 1.4.2024 Page 7 of 18 TRANSPORTATION Planning Board - January 4, 2024 ITEM: 1 - 2 - 7 Z23-23 Staff Report PB 1.4.2024 Page 8 of 18 CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 18 single-family dwelling units. PROPOSED ACCESS Primary Access S Seabreeze Road via turn off Carolina Beach Road Secondary Access N Seabreeze Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road S Seabreeze Rd N Seabreeze Rd Type of Roadway NCDOT Principle Arterial Local Road Local Road Roadway Planning Capacity (AADT) 41,369 4,000* 4,000* Latest Traffic Volume (AADT) 32,500 400 N/A Latest WMPO Point-in-Time County (DT) 33,254 N/A N/A Current Level of Congestion Available Capacity Available Capacity Available Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS No Nearby STIP Projects TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 13 389 +376 PM Peak Hour Trips 17 284 +267 *Seabreeze Road does not have a listed planning capacity. The WMPO and NCDOT use a base 4,000 vehicles per day for those road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. Planning Board - January 4, 2024 ITEM: 1 - 2 - 8 Z23-23 Staff Report PB 1.4.2024 Page 9 of 18 TRAFFIC IMPACT ANALYSIS (TIA) New developments that are anticipated to generate more than 100 trips during any peak hour period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. A team of NCDOT, WMPO, and County planning staff work with an applicant’s traffic engineers to develop the scope for the TIA, including the study area, the traffic data which must be collected, trip distribution, and the developments and background traffic growth that must be analyzed. This document is used to identify off-site transportation improvements required to mitigate the impacts of the development and must be approved by the WMPO and NCDOT. Approval Date August 3, 2023 Development Proposal Analyzed Commercial Center: - 6,100 sq ft of convenience store with 12 vehicle fuel pumps - 5,000 sq ft fast food restaurant with drive-thru - 7,200 sq ft of retail space - 5,000 sq ft of small office and - 5,000 sq ft of medical office. Study Intersections - US 421 (Carolina Beach Road) and South Seabreeze Road (signalized) - US 421 (Carolina Beach Road) and North Seabreeze Road (unsignalized) - US 421 (Carolina Beach Road) and Site Access 1 (S Seabreeze Rd) (unsignalized) - US 421 (Carolina Beach Road) and Site Access 2 (N Seabreeze Rd) (unsignalized) Trip Generation - 389 AM peak hour trips - 284 PM peak hour trips - 7,323 average daily trips Traffic Data Collection March 29, 2023 (US 421 at N and S Seabreeze Rd) Planning Board - January 4, 2024 ITEM: 1 - 2 - 9 Z23-23 Staff Report PB 1.4.2024 Page 10 of 18 Trip Distribution and Assignment - 80% entering and 50% existing from Site Access 1 on S Seabreeze Rd - 20% entering and 50% exiting from Site Access 2 on N Seabreeze Rd - 10% to/from the west on River Road - 50% to/from the north on Carolina Beach Road - 40% to/from the south on Carolina Beach Road Approved Developments & Background Growth - 1% Background growth rate Required Improvements Phase 1 – Build year of 2024 for 5,000 sq ft of fast-food restaurant with drive-thru and 6,100 sq ft of convenience store with 15 fueling positions. Full Build – Build year of 2025 for all of the above plus 5,000 sq ft of small office building, 7,200 sq foot of strip retail plaza, and 5,000 sq ft of medical-dental office building. At US 421 (Carolina Beach Road) and SR 1531 (Seabreeze Road) Phase 1 - Construct an exclusive westbound left turn lane on S Seabreeze Rd with 100 feet of full width storage which continues as a two-white-line turn lane. - Provide a permitted + overlap phasing for eastbound right turn lane. - Optimize the signal timings. Full Build - No additional improvements are required. At US 421 and SR 1528 (N Seabreeze Rd) Phase 1 - No improvements are required. Full Build - No improvements are required. Planning Board - January 4, 2024 ITEM: 1 - 2 - 10 Z23-23 Staff Report PB 1.4.2024 Page 11 of 18 At S Seabreeze Rd and Site Access 1 Phase 1 - Construct an exclusive eastbound left turn lane on South Seabreeze Road with 50 feet of full width storage which continues as a two-white-line turn lane. - Construct site access (southbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and with one ingress and one egress lane. - Provide stop controls for the southbound approach. Full Build - No additional improvements are required. At N Seabreeze Rd Phase 1 - Construct site access (northbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and with one ingress and one egress lane - Provide stop controls for northbound approach. Full Build - No additional improvements are required. SUMMARY The proposed project is located along a principal arterial highway with available capacity in the southern portion of the highway corridor. Access to the property is near a signalized intersection onto Carolina Beach Road, with a secondary access on N Seabreeze Road. The local roads (N and S Seabreeze Roads) do not connect to other parts of the surrounding network and therefore have low daily estimated vehicle counts. The applicant has had a TIA approved by the NCDOT and WMPO requiring several roadway improvements, including improvements in site access with protected stems and new turn lanes, as well as optimization with the signal at the intersection of Carolina Beach Road and S Seabreeze Road. Planning Board - January 4, 2024 ITEM: 1 - 2 - 11 Z23-23 Staff Report PB 1.4.2024 Page 12 of 18 ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The majority of the property is within the Shaded Zone X (0.2% annual flood risk) Special Flood Hazard Area. This is considered an area of moderate to low risk and is not subject to floodplain development requirements or density restrictions for new development. • The property is within watersheds ICW13 and ICW14 that drain to portions of the Intracoastal Waterway. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable) and Class III (Severe Limitation) soils. • Aqua has provided a letter of intent to serve the proposed development, which will require an agreement between Aqua and the developer. OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, 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) CB rezoning will allow businesses that can support the surrounding community and are located in an area along a major roadway corridor, 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 several new businesses. Planning Board - January 4, 2024 ITEM: 1 - 2 - 12 Z23-23 Staff Report PB 1.4.2024 Page 13 of 18 Representative Developments Representative Developments of R-15 (Existing Zoning): Cottage Grove Pages Corner Planning Board - January 4, 2024 ITEM: 1 - 2 - 13 Z23-23 Staff Report PB 1.4.2024 Page 14 of 18 Representative Developments of Mixed Commercial Development: Retail Plaza with Nearby Fast Food Restaurant Retail and Office Plaza, including Medical Planning Board - January 4, 2024 ITEM: 1 - 2 - 14 Z23-23 Staff Report PB 1.4.2024 Page 15 of 18 Context and Compatibility • This property is located at the intersection of Carolina Beach Road and Seabreeze Road, an area that has not experienced the same interest in higher density growth as the northern and central portions of the Carolina Beach Road corridor. • The site is within the historic Seabreeze Community which served as a beach resort community for African Americans from the 1930’s through the 1950’s. While the subject site is largely undeveloped, a few structures from this community remain in the area along Seabreeze Road. • This area was the focus of the Seabreeze Small Area Plan created in 1988. The recommendations for the area included revitalization of the businesses and redevelopment of the waterfront. However, since the adoption of the plan this revitalization has not been accomplished and some of the historic structures and properties have been converted into luxury homes. • While much of the surrounding area is low-density residential, there are planned higher- density townhomes to the south. The property’s proximity to the Snow’s Cut bridge along a heavily traveled corridor serves as a location conducive to this type of commercial development. • The application proposes a condition to limit some of the uses that would be permitted in a CB district. The intent of limiting the uses is to help make the development more compatible with the area and to be more convenient to the surrounding community. • The existing land uses in the area include a mix of small and large single-family dwellings, along with boat storage closer to the Intracoastal Waterway. • The proposed commercial development provides community-serving businesses in a largely residential area adjacent to a highly traveled corridor. • Due to the area’s location adjacent to Carolina Beach Road, it is less likely to be developed for low density housing. Planning Board - January 4, 2024 ITEM: 1 - 2 - 15 Z23-23 Staff Report PB 1.4.2024 Page 16 of 18 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 - January 4, 2024 ITEM: 1 - 2 - 16 Z23-23 Staff Report PB 1.4.2024 Page 17 of 18 Analysis The proposed development is located at the intersection of Carolina Beach Road and Seabreeze Road, in the historic Seabreeze community. While the Seabreeze area has remained largely residential over the past several decades, there has been increased interest in commercial development along the Carolina Beach Road corridor. The Comprehensive Plan designates this property and the majority of the Carolina Beach Road corridor as Community Mixed Use, a land use classification that promotes a mix of retail and office development. This classification is generally applied to areas intended as community-level service nodes and/or transitions between lower density housing and higher intensity development. The Comprehensive Plan recommends a mix of commercial services along the Carolina Beach Road corridor and in the Seabreeze area to serve adjacent residents and to help revitalize the historic Seabreeze area. Additionally, having a small commercial service area closer to residences would reduce the need to travel south to Pleasure Island or north to Monkey Junction for those services. This commercial development which is intended to service both the Seabreeze Community and the surrounding area is compatible with both the Community Mixed Use place type and the intent of the Community Business zoning district. Consistency Recommendation The proposed (CZD) CB District is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed uses are in line with the recommendations of the Community Mixed Use place type, and the development would act as a community service business node to serve both the Seabreeze Community and the surrounding area. Planning Board - January 4, 2024 ITEM: 1 - 2 - 17 Z23-23 Staff Report PB 1.4.2024 Page 18 of 18 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 just north of the Snow’s Cut bridge and in the historic Seabreeze Community. Though the surrounding area is largely residential, the site is located adjacent to the heavily traveled Carolina Beach Road corridor and can serve the surrounding area with commercial uses that reduce travel times along that corridor and act as an appropriate transition from the corridor to the low-density residential area in Seabreeze. As a result, Staff recommends approval of the proposal and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with the recommendations of the Community Mixed Use Place Type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the development would act as a community service business node to serve both the Seabreeze Community and the surrounding area. Proposed Conditions: 1. Uses specifically excluded are electronic gaming, outdoor recreation, commercial parking lot, car wash, vehicle rentals, minor vehicle service station, artisan manufacturing, and commercial recycling facility. 2. 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. 3. Connection to a public or private water and sewer utility provider is required. Private wells and septic systems are not permitted. 4. If a convenience store with fuel stations is developed on this site, it must be developed adjacent to Carolina Beach Road. Other uses in the Conditional District not specifically excluded in Condition #1, may be permitted adjacent to Carolina Beach Road or to the rear of the project. 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 uses are in line with the recommendations of the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the intensity of the uses is too high for a generally low-density housing area. Planning Board - January 4, 2024 ITEM: 1 - 2 - 18 COMMUNITY BUSINESS DISTRICT| Z23-23 EXCLUSIONS APPLIED PRINCIPAL USES KEY: * = USE-SPECIFIC STANDARDS APPLY (SEE SECTION 4.3) By Right Agricultural Uses - Agricultural and Forestry Uses, General - Wholesale Nursery Civic and Institutional - Adult Day Care * - Child Care Center - Animal Shelter - Community Center - Library - Lodges, Fraternal, & Social Organizations - Museum - Religious Assembly * - Amateur Radio Antennas (up to 90 ft.) * - Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use* - Collocation, Wireless * - Non-Substantial Modification * - Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications * - Emergency Services Facility - Government Offices and Buildings - Post Office - Hospice - Medical and Dental Office and Clinic - Community Garden - Park and Recreation Area - Marina, Commercial - Electric Substation - Utility Lines, Structures, and/or Facilities; General* Commercial Uses - Event Center* - Indoor Recreation Establishment - Animal Grooming Service* - Kennel - Veterinary Service - Bank and/or Financial Institution - Business Service Center - Funeral Services - Repair Shop - Commercial Kitchen, Catering - Microbrewery/Microdistillery - Restaurant - Hotel or Motel - Contractor Office * - Offices for Private Business and Professional Activities - Instructional Services and Studios - Personal Services, General - Convenience Store - Food Market - Grocery Store - Pharmacy - Retail Nursery - Retail Sales, General - Fuel Sales * Industrial Uses - Research and Development Facility Special Use Residential Uses - Live/Work or Caretaker Unit * - Group Home * - Senior Living: Assisted Living Facility * Civic and Institutional - Family Child Care Home SPECIFIED ACCESSORY AND TEMPORARY USES (SEE SECTION 4.4.4 FOR USE-SPECIFIC STANDARDS FOR ACCESSORY USES & SECTION 4.5.4 FOR USE-SPECIFIC STANDARDS FOR TEMPORARY USES) Accessory Uses - Accessory Structure - Accessory Use, Customary - Electric Vehicle Charging Station - Home Occupation - Solar Energy Collection Facility, Accessory - Small Watercraft Storage - Stormwater Facilities on Contiguous Properties - Wind Energy Collection Facility, Accessory Temporary Uses - Construction Office - Debris Site - Seasonal Sales - Special Fundraising for Non-profit Organizations - Temporary Emergency Services Facility - Temporary Family Healthcare Structure - Temporary Real Estate Office/Model - Temporary Relocation Housing Planning Board - January 4, 2024 ITEM: 1 - 3 - 1 Planning Board - January 4, 2024 ITEM: 1 - 4 - 1 Planning Board - January 4, 2024 ITEM: 1 - 5 - 1 Planning Board - January 4, 2024 ITEM: 1 - 6 - 1 Initial Application Documents & Materials Planning Board - January 4, 2024 ITEM: 1 - 7 - 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 Design Solutions P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz 5087 Edinboro Lane Wilmington, NC 28409 404-213-8697 (Contact: Cameron Zurbruegg) czurbruegg@hendonproperties.com Reference Attached List Reference Attached List Planning Board - January 4, 2024 ITEM: 1 - 8 - 1 Included Parcels: Parcel ID No.Tax Map No.Site Address Owner 313110.46.1721 R08514-003-004-000 7601 Carolina Beach Rd R&S Forest, L.L.C. 313110.46.1524 R08514-003-005-000 7611 Carolina Beach Rd SOCOL, L.L.C. 313110.36.8469 R08514-003-005-001 7615 Carolina Beach Rd SOCOL, L.L.C. 313110.36.8421 R08514-003-006-000 803 S Seabreeze Rd SOCOL, L.L.C. 313110.36.8492 R08514-003-006-001 Carolina Beach Rd SOCOL, L.L.C. 313110.46.1306 R08514-003-007-000 817 S Seabreeze Rd SOCOL, L.L.C. 313110.46.3373 R08514-003-007-001 831 S Seabreeze Rd Richard & Susan Yang 313110.36.9309 R08514-003-016-000 Carolina Beach Rd SOCOL, L.L.C. 313110.46.0483 R08514-003-017-000 Carolina Beach Rd SOCOL, L.L.C. Planning Board - January 4, 2024 ITEM: 1 - 8 - 2 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. Reference Attached List Reference Attached List R-15 / VACANT Community Mixed-Use CZD / CB N/A 7.28 ac. 7.28 ac. Variable based on ultimate uses Planning Board - January 4, 2024 ITEM: 1 - 8 - 3 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: Multiple uses (Reference Approved TIA) 389 284 Planning Board - January 4, 2024 ITEM: 1 - 8 - 4 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 - January 4, 2024 ITEM: 1 - 8 - 5 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 - January 4, 2024 ITEM: 1 - 8 - 6 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 CAW CAW CAW Planning Board - January 4, 2024 ITEM: 1 - 8 - 7 Planning Board - January 4, 2024 ITEM: 1 - 8 - 8 Planning Board - January 4, 2024 ITEM: 1 - 8 - 9 Planning Board - January 4, 2024 ITEM: 1 - 8 - 10 Planning Board - January 4, 2024 ITEM: 1 - 8 - 11 Planning Board - January 4, 2024 ITEM: 1 - 8 - 12 Legal DescripƟon for CondiƟonal District Rezoning Beginning at a point in the eastern boundary of Carolina Beach Road (U.S. Hwy, 421), a 160’ public right- of-way; said point being at its intersecƟon with the northern boundary of Seabreeze Road South (S.R. 1530), a 60’ public right-of-way; and running thence along the Carolina Beach right-of-way: North 14006’36” East, 141.95 feet to a point; thence North 13040’58” East, 112.04 feet to a point; thence North 13041’18” East 235.19 feet to a point at the intersecƟon with the southern boundary of Seabreeze Road North (S.R. 1528), a 60’ public right-of-way; thence with that right-of-way, South 69001’09” East, 425.51 feet to a point; thence South 68028’37” east, 61.78 feet to a point; thence leaving the roadway, South 00035’26” East, 137.50 feet to a point; thence South 00044’05” East, 137.54 feet to a point; thence North 89007’05” East, 92.32 feet to a point; thence South 20003’11” West, 241.48 feet to a point in the northern boundary of Seabreeze Road South; thence with that right-of-way, North 73029’09” West, 260.98 feet to a point; thence North 73017’34” West, 50.90 feet to a point; thence North 73001’39” West, 378.44 feet to the point and place of beginning, containing 7.28 acres, more or less. Planning Board - January 4, 2024 ITEM: 1 - 8 - 13 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 MJ Best Western - 5600 Carolina Beach Rd Reference Attached Ownership List Tuesday, November 28, 2023; 6:00 p.m. In-person Closest proximity of an appropriate-sized venue for the expected turn-out 7600 Block of Carolina Beach Road Planning Board - January 4, 2024 ITEM: 1 - 8 - 14 Planning Board - January 4, 2024 ITEM: 1 - 8 - 15 Planning Board - January 4, 2024 ITEM: 1 - 8 - 16 Planning Board - January 4, 2024 ITEM: 1 - 8 - 17 Planning Board - January 4, 2024 ITEM: 1 - 8 - 18 Planning Board - January 4, 2024 ITEM: 1 - 8 - 19 From:Chris Mays To:cwolf@lobodemar.biz Subject:Re: Seabreeze Village proposal-Support Date:Friday, November 17, 2023 11:21:30 AM Just a follow up on my previous email. Would it be possible to make the entrance off of Seabreeze South and entrance only. Then make the exit out of the village going onto theSeabreeze North. That would relieve a lot of issues at the light on CB and South Seabreeze. On Fri, Nov 17, 2023 at 9:14 AM Chris Mays <chrismays6718@gmail.com> wrote: Dear Ms. Wolfe, I hope this email finds you well. My name is Chris Mays, and I am a resident of The Landing at Snowscut, located just offSeabreeze Road. I am writing to express my support for the proposed Seabreeze Village in our area but with one concern with the interchange at Seabreeze South and CarolinaBeach Road. After carefully reviewing the proposal, I believe that this development would be a great addition to our community. However, I would like to address a concern that I believe willbe shared by many residents at the upcoming meeting on the 28th. It pertains to the intersection with the traffic light at Carolina Beach Road and Seabreeze South. With the construction of townhomes off the access road at that location, there willinevitably be an increase in traffic. To ensure the smooth flow of traffic and address this concern, I strongly urge you to have a plan in place to address this issue at the meeting.One potential solution could be to work with the Department of Transportation (DOT) to widen Seabreeze Road near the light, creating a turning lane with a green arrow forvehicles heading towards Carolina Beach. The other lane could be designated for vehicles going straight or making a right turn from Seabreeze South Road onto Carolina BeachRoad. This would help alleviate congestion and improve traffic efficiency. I would also like to commend the inclusion of a second entrance and exit onto Seabreeze North Road in the proposal. This additional access point should help relieve some of thetraffic at the light for those residents who wish to head north on Carolina Beach Road without needing to rely on a traffic light. However, it is important to address the potentialissues that may arise at Seabreeze South Road with the access road from the proposed village and vehicles exiting the development. I believe that by proactively addressing these traffic concerns, the Seabreeze Villageproject can be a success and a valuable addition to our community. I appreciate your attention to this matter and your commitment to ensuring the smooth integration of thisdevelopment into our neighborhood. Thank you for your time and consideration. I look forward to discussing this further at the meeting on the 28th. Sincerely, Chris Mays 910-200-9922Chrismays6718@gmail.com Planning Board - January 4, 2024 ITEM: 1 - 8 - 20 From:cwolf@lobodemar.biz To:"Harry VanEssendelft" Cc:"Cameron Zurbruegg" Subject:RE: rezoning of 7600 block of Carolina Beach Road Date:Wednesday, November 29, 2023 3:42:00 PM We appreciate your comments, and will include them in the report of the community information efforts. The location of that access drive paralleling the highway is certainly an awkward vehicular movement. A full traffic impact analysis has been completed and approved by NCDOT. If the project is successful in its rezoning pursuit, there will be improvements made at that intersection to add an exclusive westbound left turn lane, with 100 feet of storage. Adjustment of signal timings, to allow more time than is currently allotted, would also be optimized. As far as direct access to Carolina Beach Road, a drive cut was strictly prohibited by NCDOT. That position is very common along major corridors – to limit conflict points when there is an already-established roadway(s) for alternative access. The central drive through the project, with limited connections and no parking along it, was specifically designed to provide an alternative for northbound traffic to use Seabreeze Road N, rather than having to use the signalized intersection. There will be a center / left-turn lane into it from Seabreeze Road S. Please do not hesitate to reach out again if you have additional questions. Thank you. Cindee From: Harry VanEssendelft <peninsula511@gmail.com> Sent: Wednesday, November 29, 2023 1:50 PM To: cwolf@lobodemar.biz Subject: rezoning of 7600 block of Carolina Beach Road Hello Cindee: My husband and I were unable to attend the meeting that was held last night at the Best Western. Please allow me to voice our concerns with the property that is about to be rezoned. We realize it is a given that this will be accomplished, as the zoning commission seldom turns down the opportunity to increase the tax base of the county. Our concern, however, is with the fact that the rendering which is included with the developer's letter, shows the only access into and out of the proposed development will be from either Seabreeze Road North or Seabreeze Road South. I'm sure you are aware that recently, the zoning commission approved the development of 48 units which will be erected along the Access Road with ingress and egress only onto that access road. This means the build up of traffic waiting at the light is going to be unending. The traffic coming off the bridge and making a right into Seabreeze Road South is generally traveling at a pretty good rate of speed as they make the turn. Anyone making a left onto Seabreeze South, from the access road is already in danger. There have been numerous accidents on that corner - one as recently as last week involving Planning Board - January 4, 2024 ITEM: 1 - 8 - 21 a motor scooter. Traffic backup on Seabreeze South, waiting for the light to make the turn North or South is already an issue. With only two exits back out of the proposed complex, traffic backed up at that light is going to be a nightmare. For those of us who live south of Seabreeze Road, our only access out of the neighborhood is the access road along the highway. It is our contention that an ingress and egress off Carolina Beach Road between the proposed gas station and drive thru restaurant would be a good solution to this future problem. Since there is already a turn lane from the highway onto Seabreeze North, it is obvious that there is sufficient room to add a lane the length of the property. I hope that you will take our concern under consideration. Thank you, Sherrie & Harry Van Essendelft Planning Board - January 4, 2024 ITEM: 1 - 8 - 22 Planning Board - January 4, 2024 ITEM: 1 - 8 - 23 ADJACENT OWNER MAILING ADDRESS CITY / STATE / ZIP ASMW PROPERTIES LLC 519 MONROE AVE CAROLINA BEACH NC 28428 ATWOOD ERIC ANNAMARIE 1308 DEER HILL DR WILMINGTON NC 28409 BAILEY DONALD L SR DEBORAH 8037 MIDDLETON RD GARNER NC 27529 BARNES WILLIAM HUNTER 7624 NAVIGATOR LN WILMINGTON NC 28409 BASS HOLMAN CLYDE JR 821 N SEABREEZE RD WILMINGTON NC 28409 BEASEY KELLEY 7632 NAVIGATOR LN WILMINGTON NC 28409 BIGGS CARL L JOSSIE P 2225 ARYNESS DR VIENNA VA 22181 BRADSHAW RONALD JR ETAL 93 SPARGER SPRINGS LN DURHAM NC 27705 BROWN VERONICA S MCLAURIN 121 CHIMNEY LN WILMINGTON NC 28409 BRUTON GREGORY ATHALIA 927 ROSCOE FREEMAN AVE WILMINGTON NC 28409 BRYANT CHARLES G JOHANNA 1008 S 11TH ST WILMINGTON NC 28401 CAPONE CHRISTOPHER NATALIE 1004 S SEABREEZE RD WILMINGTON NC 28409 CARROTHERS EDWARD D JR LYNN 744 OCRACOKE DR WILMINGTON NC 28412 CARTER HACKNEY & HUDSON LLC 102 OXFORD RD LUMBERTON NC 28358 CHILDS GABRIELLE D 1017 SALTSPRAY LN WILMINGTON NC 28411 CHURCHWELL CHARLES C III STACIE 7711 COMPASS PT WILMINGTON NC 28409 CLARK GERALD 51 HAMBLINS HAY WAY MARSTONS MILLS MA 02648 COLLINS JOSEPH A SR DINEENE 7718 COMPASS PT WILMINGTON NC 28409 COOPER FREDERICK CHERYL F 1003 ROSCOE FREEMAN AVE WILMINGTON NC 28409 COOPER GERALD D 4498 OCCOQUN VIEW CT WOODBRIDGE VA 22192 DEESEN BONNIE K TRUST PO BOX 743 TOPOCK AZ 86436 DEW TAMMY LAND 811 ROSCOE FREEMAN AVE WILMINGTON NC 28409 DINKINS FAMILY LIVING TRUST 1017 ROSA PARKS LN WILMINGTON NC 28409 DOLEY ENTERPRISE LLC 2125 S 48TH ST STE 102 TEMPE AZ 85282 DOVE BRADLEY JENNIFER 1148 AMBER PINES DR LELAND NC 28451 EATON HUBERT A SR HEIRS 1600 S EADS ST APT 406N ARLINGTON VA 22202 ELDER FREDERICK FRANCES 4110 LYNBROOK DR WILMINGTON NC 28405 EUBANK MARGARET P AUSTIN 7610 SPRAYMIST CT WILMINGTON NC 28409 FLOURNOY LAIRD BRENDA 909 SALT SPRAY LN WILMINGTON NC 28409 FORD JOHN M CAROL S 1074 S SEABREEZE RD WILMINGTON NC 28409 FORD MARY FREEMAN 3686 RAMSEY CIR ATLANTA GA 30331 FORSYTHE CAROLYN ALLEN 7515 PLAYER WAY WILMINGTON NC 28412 FREEMAN ANDREW D 915 ROSCOE FREEMAN AVE WILMINGTON NC 28409 FREEMAN HARVEY E RUBY A S 1032 ROSCOE FREEMAN AVE WILMINGTON NC 28409 FREEMAN OWEITA A 818 ROSCOE FREEMAN AVE WILMINGTON NC 28409 FREEMAN WILLIAM E 924 ROSCOE FREEMAN AVE WILMINGTON NC 28409 GIACOMELLI ROBERT V LISA 743 GRAND BANKS DR WILMINGTON NC 28412 GILGAN PATRICE A 1113 ELM ST WILMINGTON NC 28409 GINSBERG NATHAN W CHARLENE 720 OCRACOKE DR WILMINGTON NC 28412 GURGANUS DONNA M 7714 COMPASS PT WILMINGTON NC 28409 HEMBREE THOMAS J 1001 UPPER REACH DR WILMINGTON NC 28409 HINNANT CORDELIA ANN ETAL 1011 BROAD AVE GREENSBORO NC 27406 HOLDEN CHARLES ERNESTINE W 809 N SEABREEZE RD WILMINGTON NC 28409 HOLMES RHONDA ALFONZO JR 923 ROSCOE FREEMAN AVE WILMINGTON NC 28409 HUGGINS RENEE TANYA 9524 MADISON CREEK CONVERSE TX 78109 HUGHES JEFFREY W ELIZABETH A 1210 BOWFIN LN UNIT 1 CAROLINA BEACH NC 28428 JACOBS CHRISTOPHER JIM 929 SALTSPRAY LN WILMINGTON NC 28409 Planning Board - January 4, 2024 ITEM: 1 - 8 - 24 JONES WILLIAM H JR KATHRYN S 3608 WOODLAWN RD ROCKY MOUNT NC 27804 JOSEY REBECCA 59 RAMBLEWOOD DR NEWBURGH NY 12550 JULIAN KENNETH J ETUX 1502 FISHERMANS WAY CAROLINA BEACH NC 28428 KAMINSKI EDWARD G ANTONINA V 215 GREAT END PATH HILLSBOROUGH NC 27278 KEARNS DONALD RAY DEBRA PARRISH 1528 PALMERS GROVE CHURCH RD HILLSBOROUGH NC 27278 KING MARILYN N 800 HATTERAS CT WILMINGTON NC 28409 LAND PATSY 7725 CAROLINA BEACH RD WILMINGTON NC 28412 LEE CHAD T ALLISON P 1013 SALTSPRAY LN WILMINGTON NC 28409 LEE TIMOTHY P 8377 NC HIGHWAY 50 BENSON NC 27504 LICHTENFELS GEORGE R JR SHERRY 7503 PLAYER WAY WILMINGTON NC 28412 LINGERFELT NATHAN W AMANDA 135 TIM MOORE DR HAMPSTEAD NC 28443 LIPPINCOTT JANA L JEFFERY T 810 ROSCOE FREEMAN AVE WILMINGTON NC 28409 LOCKWOOD MELBA REV TR ETAL 9524 CHASTAIN WALK DR CHARLOTTE NC 28216 LONG JASON WAYNE 1901 MARKET ST WILMINGTON NC 28403 LOPEZ TIMOTHY K LUCINDA 721 OCRACOKE DR WILMINGTON NC 28412 LOVITT KENNETH R LISA J 6712 FINIAN DR WILMINGTON NC 28409 MAYS CHRIS DRU A 801 HATTERAS CT WILMINGTON NC 28409 MCINTOSH MELANI R 7545 CAROLINA BEACH RD WILMINGTON NC 28412 MCKEITHAN SANDRA E 7622 SCOUT CAMP HATILA RD WILMINGTON NC 28409 MCLAUGHLIN ERIC R MARGARET 3 RIVER CHASE CT GREENSBORO NC 27407 MCQUERY DEBORAH REV TRUST PO BOX 16444 WILMINGTON NC 28408 MILLS MICHELE R KENNETH M 5610 KIRLAND DR FREDERICK MD 21703 MITCHELL WILLIAM A HRS 3990 CRESTWATER LN SNELLVILLE GA 30039 MOORE BRAD B AUDRA S 804 HATTERAS CT WILMINGTON NC 28409 MOYE CHARLES W III LINDSAY 933 SALTSPRAY LN WILMINGTON NC 28409 MOYE CHARLES W JR TAMMY 921 SALTSPRAY LN WILMINGTON NC 28409 MUCCIA JOSEPH JR IRENE TRUSTEES 917 SALTSPRAY LN WILMINGTON NC 28409 MUSSELWHITE ROY JANET ETAL 7507 PLAYER WAY WILMINGTON NC 28412 MYLES MARCUS JOLEA 7614 SPRAYMIST CT WILMINGTON NC 28409 NEEDHAM JOANN ELIZABETH 1014 ROSCOE FREEMAN AVE WILMINGTON NC 28409 PEARSON RICHARD D ET UX 747 GRAND BANKS DR WILMINGTON NC 28412 PEREZ ALAN W PATTIE L 1025 SALTSPRAY LN WILMINGTON NC 28409 PHILLIPS TERRILYN CELECIA 809 BLUEBIRD LN WILMINGTON NC 28409 PLOURDE MICHAEL J JULIE ANN 9931 RIVER RD WILMINGTON NC 28412 POLLARD LESLIE WALT 7621 SCOUT CAMP HATILA RD WILMINGTON NC 28409 POMPEY BOBBY LEE 5744 TAFT PL MERRILLVILLE IN 46410 QUINN TRAVIS L 123 CAVALIER ST WILMINGTON NC 28405 R&S FOREST LLC 5087 EDINBORO LN WILMINGTON NC 28409 RAPER KAYSEY E 736 OCRACOKE DR WILMINGTON NC 28412 RAYNOR TODD M 8742 E REEVES BRIDGE RD LINDEN NC 28356 RICHARDSON BENJAMIN ASHLEY 731 GRAND BANKS DR WILMINGTON NC 28412 ROSS DAVID LEON HEIRS ETAL 7769 CAROLINA BEACH RD WILMINGTON NC 28412 ROSS FAMILY REV LIVING TRUST 7626 SCOUT CAMP HATILA RD WILMINGTON NC 28409 ROSS FAMILY REV LIVING TRUST 925 N SEABREEZE RD WILMINGTON NC 28409 ROSS HELEN JAMES I 901 N SEABREEZE RD WILMINGTON NC 28409 ROSS JAMES (NMI) HEIRS 7809 CAROLINA BEACH RD WILMINGTON NC 28412 ROSS JAMES HELEN G 901 N SEABREEZE RD WILMINGTON NC 28409 ROSS SANDRA 7763 CAROLINA BEACH RD WILMINGTON NC 28412 Planning Board - January 4, 2024 ITEM: 1 - 8 - 25 SANTILLI LESLIE A TRUSTEE 7707 COMPASS PT WILMINGTON NC 28409 SB COTTAGES INVESTMENT LLC 4004 NC 55 HWY CARY NC 27519 SCANLON CATHERINE M 1068 S SEABREEZE RD WILMINGTON NC 28409 SCANLON JOHN E MARIBETH 980 ANNIE LEE LN WILMINGTON NC 28409 SCANLON JOHN MARIBETH Y 8109 COLERAINE CT RALEIGH NC 27615 SCOTT J B HRS 8114 BRIDLEMAKER LN CINCINNATI OH 45249 SEABREEZE STORAGE INCORP 834 S SEABREEZE RD WILMINGTON NC 28409 SMITH CAROL MARIE 819 ROSCOE FREEMAN AVE WILMINGTON NC 28409 SMITH JEFFREY M TAMER C 7602 SPRAYMIST CT WILMINGTON NC 28409 SMITH PAMELA ANN 5333 TRESTLEWOOD LN RALEIGH NC 27610 SNOW SHANE S ANNIE L 806 TEXAS AVE CAROLINA BEACH NC 28428 SOUTH ATLANTIC CONF ASSN 7859 CAROLINA BEACH RD WILMINGTON NC 28412 SPANN DANIEL W 937 SALTSPRAY LN WILMINGTON NC 28409 STEIN MEGAN M J ETAL 725 OCRACOKE DR WILMINGTON NC 28412 STRUBLE RAIMOND R KELLY M 1054 S SEABREEZE RD WILMINGTON NC 28409 SWANN EDWARD 6 BERRY CT CONGERS NY 10920 TANGUAY BRIAN C ETAL 8601 HIDDEN LAKE CT MANASSAS VA 20112 TAYLOR DONAVAN JR THELMA R 1144 SEABREEZE RD WILMINGTON NC 28409 TAYLOR DONOVAN JR THELMA R 7600 SCOUT CAMP HATILA RD WILMINGTON NC 28409 TEAGUE PHILIP B 901 SALTSPRAY LN WILMINGTON NC 28409 TERLAU BENFORD REGINA ET VIR 730 GRAND BANKS DR WILMINGTON NC 28412 TONEY JAMES M WONDERLUN ETAL 7606 SPRAYMIST CT WILMINGTON NC 28409 TUCKER ELTON G TRUSTEE 165 SHELTER WOOD DR BURGAW NC 28425 TYLEE STEVEN KATHERINE 1056 S SEABREEZE RD WILMINGTON NC 28409 VAN ESSANDELFT HAROLD J ETAL 810 ROSCOE FREEMAN AVE WILMINGTON NC 28409 WADE ALFRED JR ETAL 9626 RIVER RD WILMINGTON NC 28412 WADE CAROLYN LOUISE 6514 CAROLINA BEACH RD WILMINGTON NC 28412 WADE LEON MORRIS ETAL 381 SE EASTWOOD LN LELAND NC 28451 WALKER SHARON K 2546 SW JOHN AVE SUPPLY NC 28462 WEINBACH JONATHAN 7635 SCOUT CAMP HATILA RD WILMINGTON NC 28409 WELBORN BRANDON M JESSICA 1022 S SEABREEZE RD WILMINGTON NC 28409 WHITTEMORE JAMES A 724 OCRACOKE DR WILMINGTON NC 28412 WILLIAMS BLONIE HEIRS 11565 HAAS AVE HAWTHORNE CA 90250 WILLIAMS STEVE SANDRA L 7628 NAVIGATOR LN WILMINGTON NC 28409 WILLS INVESTMENTS LLC 7723 COMPASS PT WILMINGTON NC 28409 WILM BEACH INVESTMENT CORP PO BOX 410 CAROLINA BEACH NC 28428 WILSON ANTHONY MONICA 6114 WILLOWOOD RD KANNAPOLIS NC 28081 WILSON FRED III 530 SHELVIEW CIR CHESAPEAKE VA 23323 WINNER WALTER WAYNE II ETAL 8100 RIVER RD WILMINGTON NC 28412 WIVELL BRADLEY W 1017 S SEABREEZE RD WILMINGTON NC 28409 WIVELL BRADLEY W ETAL 834 S SEABREEZE RD WILMINGTON NC 28409 WIXTED MICHAEL F ELIZABETH M 217 WARBLER DR MONROE NC 28110 WOODELL TOMMY DEBRA 3942 W BENT GRASS DR FAYETTEVILLE NC 28312 WORKMAN WILLIAM T ANDREA 925 SALTSPRAY LN WILMINGTON NC 28409 WRIGHT DEBORAH Y 2209 SAINT JOAN PL ACCOKEEK MD 20607 ZELLER LUKE T 7616 NAVIGATOR LN WILMINGTON NC 28409 Planning Board - January 4, 2024 ITEM: 1 - 8 - 26 November 16, 2023 To: Adjacent Property Owners This is a notice of a community information meeting for an upcoming rezoning request on behalf of SOCOL, L.L.C., property owner. The rezoning request would be from R-15, a residential district, to (CZD) CB, a conditional community business district, for development of a commercial center. 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, is the 7600-block of Carolina Beach Road, and extends from S Seabreeze Road up to N Seabreeze Road, approximately 700 feet to the East. It encompasses eight tax parcels and is approximately 7.2 acres. Your property is located in the proximity, within a 500’ perimeter, of the outer boundary of the proposed project. A Conditional Zoning District in New Hanover County allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project & rezoning petition. Essentially, this means that only the specific use(s) and the proposed site improvements of an approved petition can be developed. A meeting will be held on Tuesday, November 28th, 6:00 p.m., at the Best Western Plus – Wilmington, 5600 Carolina Beach Road. 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. The property owner has been working diligently over the past five years, while acquiring multiple parcels in the assemblage, to improve the natural aesthetics of the lands, and to lay the groundwork for a successful future development. They appreciate your interest and look forward to continuing to be a good neighbor and an asset to the community. Planning Board - January 4, 2024 ITEM: 1 - 8 - 27 Planning Board - January 4, 2024 ITEM: 1 - 8 - 28 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 Interections Traffic Data Collection Date(s) Trip Generation 7600 Block of Carolina Beach Road August 3, 2023 Two-phase / mixed-use commercial center devleopment Planning Board - January 4, 2024 ITEM: 1 - 8 - 29 August 03, 2023 Mr. AJ Anastopoulo, PE DAVENPORT 5917 Oleander Drive, Suite 206 Wilmington, NC 28403 RE: Approval with conditions of the Traffic Impact Analysis (TIA) associated with the proposed Seabreeze Village commercial development in New Hanover County, NC. Dear Mr. Anastopoulo: The WMPO, NCDOT and New Hanover County staffs have reviewed the Seabreeze Village TIA (sealed June 158, 2023) and based on the information provided and conversations held to date, it is our understanding that the proposed development will be built out in two (2) phases and consists of the following land uses: Phase 1 (build year 2024): o ITE Land Use Code 934 – 5,000 SF of Fast-food Restaurant with drive-thru o ITE Land Use Code 945 – 6,100 SF of Convenience Store/Fueling station (15 fueling positions) Full Build (build year 2025): o ITE Land Use Code 712 – 5,000 SF of Small Office Building o ITE Land Use Code 720 – 5,000 SF of Medical-Dental Office Building o ITE Land Use Code 822 – 7,200 SF of Strip Retail Plaza (<40ksf) o ITE Land Use Code 934 – 5,000 SF of Fast-food Restaurant with drive-thru o ITE Land Use Code 945 – 6,100 SF of Convenience Store/Fueling station (15 fueling positions) Based upon the review of the analysis provided, the following improvements are required of this development: Planning Board - January 4, 2024 ITEM: 1 - 8 - 30 TIA approval with conditions of Seabreeze Village Traffic Impact Analysis (New Hanover County) Page 2 of 3 US 421 and SR 1531 (South Seabreeze Road) (Signalized intersection) Phase 1 • Construct an exclusive westbound left turn lane on South Seabreeze Road with 100 feet of full width storage which continues as a TWLTL. • Provide a Permitted + Overlap phasing for eastbound right turn lane. • Optimize the signal timings. Full build • No additional improvements are required. US 421 and SR 1528 (North Seabreeze Road) (Stop-controlled intersection) Phase 1 • No improvements are required. Full build • No improvements are required. SR 1531 (South Seabreeze Road) and Site Access 1 (Stop-controlled intersection) Phase 1 • Construct an exclusive eastbound left turn lane on South Seabreeze Road with 50 feet of full width storage which continues as a TWLTL. • Construct site access (southbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and with one ingress and one egress lane. • Provide stop controls for the southbound approach. Full build • No additional improvements are required. 1528 (North Seabreeze Road) and Site Access 2 (Stop-controlled intersection) Phase 1 • Construct site access (northbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and with one ingress and one egress lane. • Provide stop controls for northbound approach. Full build • No additional improvements are required. Planning Board - January 4, 2024 ITEM: 1 - 8 - 31 Planning Board - January 4, 2024 ITEM: 1 - 8 - 32 Concept Plan Planning Board - January 4, 2024 ITEM: 1 - 9 - 1 Planning Board - January 4, 2024 ITEM: 1 - 10 - 1 Traffic Impact Analysis Planning Board - January 4, 2024 ITEM: 1 - 11 - 1 August 03, 2023 Mr. AJ Anastopoulo, PE DAVENPORT 5917 Oleander Drive, Suite 206 Wilmington, NC 28403 RE: Approval with conditions of the Traffic Impact Analysis (TIA) associated with the proposed Seabreeze Village commercial development in New Hanover County, NC. Dear Mr. Anastopoulo: The WMPO, NCDOT and New Hanover County staffs have reviewed the Seabreeze Village TIA (sealed June 158, 2023) and based on the information provided and conversations held to date, it is our understanding that the proposed development will be built out in two (2) phases and consists of the following land uses: Phase 1 (build year 2024): o ITE Land Use Code 934 – 5,000 SF of Fast-food Restaurant with drive-thru o ITE Land Use Code 945 – 6,100 SF of Convenience Store/Fueling station (15 fueling positions) Full Build (build year 2025): o ITE Land Use Code 712 – 5,000 SF of Small Office Building o ITE Land Use Code 720 – 5,000 SF of Medical-Dental Office Building o ITE Land Use Code 822 – 7,200 SF of Strip Retail Plaza (<40ksf) o ITE Land Use Code 934 – 5,000 SF of Fast-food Restaurant with drive-thru o ITE Land Use Code 945 – 6,100 SF of Convenience Store/Fueling station (15 fueling positions) Based upon the review of the analysis provided, the following improvements are required of this development: Planning Board - January 4, 2024 ITEM: 1 - 12 - 1 TIA approval with conditions of Seabreeze Village Traffic Impact Analysis (New Hanover County) Page 2 of 3 US 421 and SR 1531 (South Seabreeze Road) (Signalized intersection) Phase 1 • Construct an exclusive westbound left turn lane on South Seabreeze Road with 100 feet of full width storage which continues as a TWLTL. • Provide a Permitted + Overlap phasing for eastbound right turn lane. • Optimize the signal timings. Full build • No additional improvements are required. US 421 and SR 1528 (North Seabreeze Road) (Stop-controlled intersection) Phase 1 • No improvements are required. Full build • No improvements are required. SR 1531 (South Seabreeze Road) and Site Access 1 (Stop-controlled intersection) Phase 1 • Construct an exclusive eastbound left turn lane on South Seabreeze Road with 50 feet of full width storage which continues as a TWLTL. • Construct site access (southbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and with one ingress and one egress lane. • Provide stop controls for the southbound approach. Full build • No additional improvements are required. 1528 (North Seabreeze Road) and Site Access 2 (Stop-controlled intersection) Phase 1 • Construct site access (northbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and with one ingress and one egress lane. • Provide stop controls for northbound approach. Full build • No additional improvements are required. Planning Board - January 4, 2024 ITEM: 1 - 12 - 2 Planning Board - January 4, 2024 ITEM: 1 - 12 - 3 J DAVEI\PORT Transportation I mpact Analysis Seabreeze Village New Hanover County, NC Prepared for SOCOL, LLC June 15,2023 Analysis Drafting, and Graphics by: John Davenport. lll AJ Anastopoulo. PE Reviewed by: AJ Anastopoulo, P.E. Don Bennett, P.E. Sealed by: AJ Anastopoulo, P.E. This report is printed on recycled paper with 30% postconsumer content. All paper is FSC Certified. The entire document, including binding, is 100% recyclable. &)a!7 E EI This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. i-**nre (}$*ic*: BJiirniftgton ffiegio**i Otf!c*: S*ivi;-rg ih* l-i*Ljtheael sinc* 2fli2 '! -"i9 Btilc,k:,il.jr,vn ;\\"re $Liil* f)!-'i'i 51j j 7 tii*;:irier i'lt;v*, *r;it+ 2t6 !;"'Jinsion-S*ieir i'.JC i-710i 'u;"Uiir*i|rgtr:ir hitl ;8^4t:1 llieir: r:;1S.144 'i*il*: Fax. 3i1d.458.83.i'l Lrluiir. *1{l ?5i ii$li.:. F'4.{ f:Jfr rr:S.0:77 .1i\\llli/7r,.,,l)H CAq'//tr. _.-!fi's',alfiz: :oo SEAL f :{'{6 -l = -".- 05J666 :^:-aLz-.hp#ffi:""1S 'ri.4 AttlslY,r.''///ltllt\\tu , SEAL Planning Board - January 4, 2024 ITEM: 1 - 13 - 1 6/15/2023 220284 Seabreeze Village i EXECUTIVE SUMMARY The proposed Seabreeze Village development is located east of US 421 (Carolina Beach Road) between S Seabreeze Road and N Seabreeze Road in New Hanover County, NC. The proposed project is expected to be built in two phases. Phase 1 will consist of up to 6,100 square feet of convenience store with 12 vehicle fuel pumps and a 5,000-square foot fast food restaurant with drive-thru. Phase 2 is currently assumed to consist of up to 7,200 square feet of retail space, 5,000 square feet of small office, and 5,000 square feet of medical office. Two full movement access points are proposed, one on S Seabreeze Road and one on N Seabreeze Road. The expected build-out year for this development is 2024 for Phase 1 and 2025 for Phase 2. Information regarding the property was provided by SOCOL, LLC. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of the new development traffic. The Transportation Impact Analysis (TIA) was performed based on the scope agreed upon with the Wilmington Metropolitan Planning Organization (WMPO). At full buildout, this site has a trip generation potential of 7,323 daily trips, 389 net trips in the AM peak hour, and 284 net trips in the PM peak hour. In conclusion, this study has determined the potential traffic impacts of this development and recommendations have been given where necessary to mitigate the impacts of future traffic. The analysis indicates that with the recommended improvements in place, the proposed site is not expected to have a detrimental effect on transportation capacity and mobility in the study area. The recommendations summarized in Figure A and in Table A should be constructed to comply with applicable NCDOT Policy on Street and Driveway Access to North Carolina Highways and local standards. Planning Board - January 4, 2024 ITEM: 1 - 13 - 2 6/15/2023 220284 Seabreeze Village ii Table A – Recommended Improvements INTERSECTION RECOMMENDATIONS US 421 and S Seabreeze Road • Install a two-way left-turn lane from the westbound approach to US 421 and S Seabreeze Road to Site Access 1 on S Seabreeze Road. (Phase I) • Optimize signal timing. (Phase I) US 421 and N Seabreeze Road • No improvements recommended. S Seabreeze Road and Site Access 1 • Install a two-way left-turn lane from the westbound approach to US 421 and S Seabreeze Road to Site Access 1 on S Seabreeze Road. (Phase I) • Design site access to NCDOT and local standards. N Seabreeze Road and Site Access 2 • Design site access to NCDOT and local standards. Planning Board - January 4, 2024 ITEM: 1 - 13 - 3 Public Comments In Support 0 Neutral 0 In Opposition 9 Planning Board - January 4, 2024 ITEM: 1 - 14 - 1 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Thursday, December 21, 2023 10:53 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7978 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Angela Last Name Pearson Address 747 Grand Banks drive City Wilmington State Nc Zip Code 28412 Email Angelac821@yaboo.com Please select the case for comment. PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of Carolina Beach Rd What is the nature of your comment? Oppose project Public Comment This land is not zoned for commercial and would like to keep it that way. The development of this area for commercial will make this area more congested with in and out traffic at all times of the day/night. This area is not commercialized and don’t see the need for any commercialization in this area..we purchased our home in this area due to it being out of commercialized areas and the convenience of where stores already are. Traffic is already an issue especially in the peak summer months for area neighborhoods and with all the other Planning Board - January 4, 2024 ITEM: 1 - 15 - 1 2 developments in town bringing more traffic but no road revitalization to help. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Planning Board - January 4, 2024 ITEM: 1 - 15 - 2 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Thursday, December 21, 2023 12:12 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7980 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Brad Last Name Wojtylak Address 901 Tarpon Dr City Wilmington State NC Zip Code 28409 Email bwojtylak@yahoo.com Please select the case for comment. PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of Carolina Beach Rd What is the nature of your comment? Oppose project Public Comment I strongly oppose the planned project. The area of Seabreeze is already too congested with traffic. This proposed project would also have a negative impact on home values in the area. The parcels should be left to be developed as low density residential, as planned. Many homeowners purchased in this area because of the lack of commercial zoning. It is a more private community feel. Placing commercial properties will destroy that community. Planning Board - January 4, 2024 ITEM: 1 - 15 - 3 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Wednesday, December 20, 2023 7:33 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7970 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Brian Last Name Mingia Address 805 Tarpon Drive City Wilmington State NC Zip Code 28409 Email Brianmingia@gmail.com Please select the case for comment. PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of Carolina Beach Rd What is the nature of your comment? Oppose project Public Comment These are high value neighborhoods and rezoning so close to these neighborhoods will drastically reduce the value of our homes. The convenience and safety of having a neighborhood with lower traffic and and lack of commercial buildings surrounding it, will be compromised with this project. Please consider the citizens and their investments in this area before devaluing their properties. Upload supporting files Planning Board - January 4, 2024 ITEM: 1 - 15 - 4 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Tuesday, December 19, 2023 5:54 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7953 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Jacob Last Name Teets Address 7202 Sea Robin Ct. City Wilmington State NC Zip Code 28409 Email Jacobteets1@yahoo.com Projects available for comment. January 4, 2024 Planning Board Meeting  Rezoning Request (Z23-23) Seabreeze Commercial - Request by Cindee Wolf with Design Solutions, applicant to rezone 9 parcels totaling approximately 7.28 acres of land located at the 7600 block of Carolina Beach Road between North and South Seabreeze Roads from R-15, Residential to (CZD) CS, Commercial Services for a commercial business parking consisting of 28,300 maximum square feet of general retail, restaurant, convenience store with fuel pumps, and other limited uses.  Rezoning Request (Z23-24)Seabreeze Residential - Request by Cindee Wolf with Design Solutions, applicant to rezone approximately 0.44 acres zoned B-2, Regional Business located at 1132 Seabreeze Road to (CZD) R- Planning Board - January 4, 2024 ITEM: 1 - 15 - 5 2 7, Residential for a maximum of two single-family detached residential dwelling units.  Rezoning Request (Z23-25) Covenant II - Request by Cindee Wolf with Design Solutions, applicant to rezone approximately 10.95 acres zoned R- 20, Residential and (CZD) RMF-M, Residential Multi-Family Moderate Density located at the 3100 block of Blue Clay Road to (CZD) R-5, Residential Moderate-High Density for a maximum of 180 dwelling units. January 8, 2024 Board of Commissioners Meeting  Not available for comment. Please select the case for comment. PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of Carolina Beach Rd What is the nature of your comment? Oppose project Public Comment We currently reside in the Sea Breeze area and are currently opposed to the idea of putting a gas station and two drive thru style restaurants on the corner of Seabreeze and Carolina beach Rd. We are actually pro development but with idea that those services be community oriented and something we would use and not a fast food style restaurant. A gas station would not help and just add to the chaos at an already difficult and dangerous intersection with fairly high traffic volume. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Planning Board - January 4, 2024 ITEM: 1 - 15 - 6 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Tuesday, December 19, 2023 6:50 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7955 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Kim Cooper Last Name Cooper Address 7202 Grouper Ct City Wilmington State Nc Zip Code 28409 Email kimmerc77@yahoo.com Projects available for comment. January 4, 2024 Planning Board Meeting  Rezoning Request (Z23-23) Seabreeze Commercial - Request by Cindee Wolf with Design Solutions, applicant to rezone 9 parcels totaling approximately 7.28 acres of land located at the 7600 block of Carolina Beach Road between North and South Seabreeze Roads from R-15, Residential to (CZD) CS, Commercial Services for a commercial business parking consisting of 28,300 maximum square feet of general retail, restaurant, convenience store with fuel pumps, and other limited uses.  Rezoning Request (Z23-24)Seabreeze Residential - Request by Cindee Wolf with Design Solutions, applicant to rezone approximately 0.44 acres zoned B-2, Regional Business located at 1132 Seabreeze Road to (CZD) R- Planning Board - January 4, 2024 ITEM: 1 - 15 - 7 2 7, Residential for a maximum of two single-family detached residential dwelling units.  Rezoning Request (Z23-25) Covenant II - Request by Cindee Wolf with Design Solutions, applicant to rezone approximately 10.95 acres zoned R- 20, Residential and (CZD) RMF-M, Residential Multi-Family Moderate Density located at the 3100 block of Blue Clay Road to (CZD) R-5, Residential Moderate-High Density for a maximum of 180 dwelling units. January 8, 2024 Board of Commissioners Meeting  Not available for comment. Please select the case for comment. PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of Carolina Beach Rd What is the nature of your comment? Oppose project Public Comment Please don’t allow gas station, or 2 fast food restaurants. Thank you Kim Cooper Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Planning Board - January 4, 2024 ITEM: 1 - 15 - 8 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Tuesday, December 26, 2023 9:47 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #8026 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Kristen Last Name Kaplan Address 7208 Grouper Court City Wilmington State NC Zip Code 28409 Email kristenpkaplan@gmail.com Please select the case for comment. PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of Carolina Beach Rd What is the nature of your comment? Oppose project Public Comment I strongly oppose Z23-23 - Seabreeze Commercial - & Z23-24 - Seabreeze Residential. This rezoning request is not in the best interest of our community or any of the neighboring communities, especially Sea Breeze. The proposed development is too intense and will make the intersection of Sea Breeze and Carolina Beach Roads even Planning Board - January 4, 2024 ITEM: 1 - 15 - 9 2 more dangerous than it already is. It will also produce additional noise, trash, bright lights, and a disruption to the residential neighborhood feel that currently exists along CB Road from Myrtle Grove Road to Snow's Cut Bridge. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Planning Board - January 4, 2024 ITEM: 1 - 15 - 10 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Wednesday, December 27, 2023 12:25 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #8042 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Michael Last Name Wixted Address 732 Ocracoke Dr. City Wilmington State NC Zip Code 28412 Email wixt57@gmail.com Please select the case for comment. PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of Carolina Beach Rd What is the nature of your comment? Oppose project Public Comment These (9) parcels should not be changed from Existing Zoning R-15. New Hanover county needs additional housing for this community. The commercial property brings no additional value and effects the quality living in the area. The commercial (CZD) CB zoning change request --will only bring additional traffic and congestion to the area. This is high traffic area -with many safety concerns at this time. I asked the NHC Planning Board to reject this proposal, and maintain R-15 zoning for this area. Planning Board - January 4, 2024 ITEM: 1 - 15 - 11 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Wednesday, December 20, 2023 7:36 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #7971 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Randi Last Name Mingia Address 805 Tarpon dr City Wilmington State Nc Zip Code 28409 Email randileighwheatley@gmail.com Please select the case for comment. PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of Carolina Beach Rd What is the nature of your comment? Oppose project Public Comment The zone change will be inconsistent with surrounding uses. It will increase traffic and crime in the area and reduce our property values. We strongly oppose this project. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. Planning Board - January 4, 2024 ITEM: 1 - 15 - 12 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Tuesday, December 26, 2023 6:28 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #8034 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Rob Last Name Kaplan Jr Address 7208 Grouper Court City Wilmington State NC Zip Code 28409 Email kaplancrew6@gmail.com Please select the case for comment. PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of Carolina Beach Rd What is the nature of your comment? Oppose project Public Comment While I'm open to a thoughtful, mixed use project that provides small shops, professional services, and local food and beverage, the proposed plans would intensify traffic concerns at an already dangerous intersection, bring additional noise, trash, lights and a disruption to the residential neighborhood feel that currently exists along Carolina Beach Road. I strongly oppose the current plans. Upload supporting files Planning Board - January 4, 2024 ITEM: 1 - 15 - 13 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 1/4/2024 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 Rezoning Request (Z23-24) – Request by Cindee Wolf with Design Solu9ons, applicant to rezone approximately 0.44 acres zoned B-2, Regional Business located at 1132 Seabreeze Road to (CZD) R-7, Residen9al for a maximum of two single-family detached residen9al dwelling units. BRIEF SUMMARY: The applicant is proposing to rezone approximately 0.44 acres from B-2, Regional Business to (CZD) R-7, Residen0al, for a maximum of two single-family lots. The applicant's concept plan outlines two approximately 10,000 square foot lots on the site. The B-2 district in this area was established in 1971. At the 0me, the purpose of the B-2 district was to encourage business development in the historic Seabreeze area. Since that 0me, private water and sewer services have become available to the surrounding area through AQUA. However, that service line does not extend to this property. The parcel is located within the historic Seabreeze neighborhood. Established in the mid-1920's, the area was a prime vaca0on resort for African Americans within southeastern North Carolina from the 1930's through the 1950's. The R-7 district was established to provide lands that accommodate moderate density residen0al development with a range of housing types (and income levels, including quality affordable housing), that are located walkable distances to jobs, shopping, and entertainment, and where appropriate, serve as a transi0on between more intensive and lower density areas. Residen0al development at the scale allowed in the district should support the efficient delivery of public services and increase residents’ accessibility to employment, public transporta0on and shopping. As currently zoned, the B-2 site would allow a small-scale commercial opera0on based on size of parcel and requisite development standards for commercial uses. A small B-2 parcel like this could be conducive to a restaurant, bar or event center. The proposed R-7 residen0al development would generate approximately 1 AM peak hour trip and 2 PM peak hour trips decreasing the number of AM trips by approximately 7 and the number of PM trips by 20. The proposed project is located along a local road that currently has capacity. Seabreeze Road is currently accessed off of Carolina Beach Road, a principal arterial highway which is heavily traveled but with available capacity. Though there are no STIP projects in this area, this development would result in an overall trip reduc0on from what could be developed with the exis0ng zoning. This project would have very liBle traffic impact on the surrounding area. Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle Planning Board - January 4, 2024 ITEM: 2 School and Ashley High School. Based on a generalized historic genera0on rate, staff would es0mate the increase in homes would result in approximately 0 more students than would be generated under current zoning. This area was the focus of the Seabreeze Small Area Plan, created in 1989. The recommenda0ons for the area included a revitaliza0on of the businesses and a redevelopment of the waterfront. However, this revitaliza0on has not been accomplished since the adop0on of the plan, and some of the historic structures have been converted into luxury homes. There is a proposed commercial development at the entrance of Seabreeze. The Comprehensive Plan designates this property 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, recrea0onal, commercial, ins0tu0onal, and mul0-family and single-family residen0al. The parcel is located within the southern por0on of the County and accessed by S Seabreeze Road, which connects directly to Carolina Beach Road. Due to the size and shape of parcels in the area, loca0on of nearby residen0al, and regula0ons for B-2 zoned proper0es, poten0al for commercial development of the parcels would be challenging. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it provides housing in line with the purposes and intent of the Community Mixed Use place type. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff’s recommenda0on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera0ons, and technical review. While the proposed density of 4.2 dwelling units per acre fits under the maximum recommended density of the Community Mixed Use Place Type, the exis0ng condi0ons of the site, including the VE Coastal High Hazard Area flood designa0on, large live oak trees, lack of available water and sewer, and surrounding remaining B-2 zoned parcels make this parcel very limited in developability. As a result, Staff recommends disapproval of the proposal and suggests the following mo0on: I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides housing densi0es in line with the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because of the County’s goal to limit residen0al development in flood prone areas, and because of the challenges in developing the site at the proposed density given the site features desired to be protected. Alterna9ve Mo9on for APPROVAL (if based on informa0on presented at the public hearing or other considera0on beyond the scope of staff review, the board finds approval appropriate.) I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides housing densi0es in line with the Community Mixed Use Place Type, and I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing more housing op0ons. Planning Board - January 4, 2024 ITEM: 2 Recommended Condi9ons (if the Board finds approval appropriate.) 1. Both live oak trees on the property will be preserved as part of this development. 2. No accessory dwelling units will be permiBed on these lots. 3. There will be one driveway cut for both lots. ATTACHMENTS: Descrip0on Z23-24 PB Script Z23-24 PB Staff Report Z23-24 Zoning Map Z23-24 Land Use Map Z23-24 Mailout Map Initial Application Cover Sheet Z23-24 Application Concept Plan Cover Sheet Z23-24 Concept Plan Public Comments Cover Sheet Z23-24 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - January 4, 2024 ITEM: 2 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z23-24) Rezoning Request (Z23-24) – Request by Cindee Wolf with Design Solutions, applicant to rezone approximately 0.44 acres zoned B-2, Regional Business located at 1132 Seabreeze Road to (CZD) R-7, Residential for a maximum of two single-family detached residential dwelling units. 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 rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Denial I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides housing densities in line with the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because of the County’s goal to limit residential development in flood prone areas, and because of the challenges in developing the site at the proposed density given the site features desired to be protected. Alternative Motion for APPROVAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds approval appropriate.) I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides housing densities in line with the Community Mixed Use Place Type, and I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing more housing options. Planning Board - January 4, 2024 ITEM: 2 - 1 - 1 Recommended Conditions (if the Board finds approval appropriate.) 1. Both live oak trees on the property will be preserved as part of this development. 2. No accessory dwelling units will be permitted on these lots. 3. There will be one driveway cut for both lots. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional RMF-M district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - January 4, 2024 ITEM: 2 - 1 - 2 Z23-24 Staff Report PB 1.4.2024 Page 1 of 15 STAFF REPORT FOR Z23-24 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-24 Request: Rezoning to a Conditional R-7 district Applicant: Property Owner(s): Cindee Wolf, Design Solutions Sandra E McKeithan Location: Acreage: 1132 Seabreeze Rd 0.444 PID(s): Comp Plan Place Type: R08519-001-002-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Residential (2 lots) Current Zoning: Proposed Zoning: B-2, Regional Business (CZD) R-7, Residential District SURROUNDING AREA LAND USE ZONING North Detached Single-Family Residential, built in 1930 (predates zoning) B-2 East Intracoastal Waterway N/A South Bed and Breakfast B-2 West Boat and Boat Trailer Storage B-2 Planning Board - January 4, 2024 ITEM: 2 - 2 - 1 Z23-24 Staff Report PB 1.4.2024 Page 2 of 15 ZONING HISTORY April 7, 1971 Initially zoned B-2 (Area 4) COMMUNITY SERVICES Water/Sewer Neither water nor sewer services are available through CFPUA. The AQUA system does serve part of Seabreeze Road, but this property would only be serviceable via a mainline extension. The property could be served through private well and septic permitted through NHC Environmental Health. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Murray Middle, and Ashley High Schools Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources on-site. However, there are open tidal waters just outside the eastern property boundary which prescribe a 75’ Conservation Overlay District setback on the site. Historic While undeveloped, the parcel is located within the historic Seabreeze neighborhood. Established in the mid-1920’s, the area was a prime vacation resort for African Americans within southeastern North Carolina from the 1930’s through the 1950’s before a decline stemming from Hurricane Hazel in 1954, financial trouble, and the end of segregation in the 1960’s. Archaeological No known archaeological resources Planning Board - January 4, 2024 ITEM: 2 - 2 - 2 Z23-24 Staff Report PB 1.4.2024 Page 3 of 15 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • The applicant is proposing to subdivide and build two single-family homes on these two lots. • Under the proposed R-7 zoning district, lots must be a minimum of 7,000 sq ft in area and be a minimum of 50’ wide. • The applicant’s proposed conceptual plan includes two lots which meet the prescribed R-7 and COD setbacks. In t r a c o a s t a l Wa t e r w a y S S e a b r e e z e R d 75’ COD Setback Line Lot 2 Lot 1 Planning Board - January 4, 2024 ITEM: 2 - 2 - 3 Z23-24 Staff Report PB 1.4.2024 Page 4 of 15 ZONING CONSIDERATIONS • The B-2 district in this area was established in 1971. At the time, the purpose of the B-2 district was to encourage business development in the historic Seabreeze area. Since that time, private water and sewer services have become available to the surrounding area through AQUA. However, that service line does not extend to this property. • While the site is zoned B-2, the acreage of the site limits its availability to be easily developed for a B-2 use. • Additionally, residential properties are not required to install buffers where they abut commercial properties. • As currently zoned, the subject site would be allowed a small-scale commercial operation based on size of parcel and requisite development standards for commercial uses. A small B-2 parcel like this could be conducive to a restaurant, bar or event center. • The R-7 district was established to provide lands that accommodate moderate density residential development with a range of housing types (and income levels, including quality affordable housing), that are located walkable distances to jobs, shopping, and entertainment, and where appropriate, serve as a transition between more intensive and lower density areas. Residential development at the scale allowed in the district should support the efficient delivery of public services and increase residents’ accessibility to employment, public transportation and shopping. • The property was granted a variance in 2015, ZBA-902, for a proposed commercial development. The development did not materialize, and if the rezoning is approved, the variance would not be needed due to the setbacks required by the R-7 district. • There is a significant live oak and a specimen live oak on the property. As currently zoned, a tree removal permit would be required for removal of the significant tree and a variance would be required for removal of the specimen. If rezoned and subdivided into residential lots less than one acre, the trees could be removed without a tree removal permit. Staff recommends a condition requiring retention of trees on-site if the rezoning is approved. • UDO Section 5.4.3 prescribes transitional buffers where commercial uses abut residential uses. There is an existing commercial use of a bed and breakfast on the parcel to the south. When residential uses are established adjacent existing commercial establishments, these buffers are not required. • If approved, the project would be subject to zoning compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Planning Board - January 4, 2024 ITEM: 2 - 2 - 4 Z23-24 Staff Report PB 1.4.2024 Page 5 of 15 AREA DEVELOPMENTS Planning Board - January 4, 2024 ITEM: 2 - 2 - 5 Z23-24 Staff Report PB 1.4.2024 Page 6 of 15 TRANSPORTATION Planning Board - January 4, 2024 ITEM: 2 - 2 - 6 Z23-24 Staff Report PB 1.4.2024 Page 7 of 15 CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow an approximate maximum 3,700 sq ft commercial establishment. PROPOSED ACCESS Primary Access S Seabreeze Rd EXISTING ROADWAY CHARACTERISTICS Affected Roadway S Seabreeze Rd Type of Roadway Local Road Roadway Planning Capacity (AADT) 4,000* Latest Traffic Volume (AADT) 400 Latest WMPO Point-in-Time County (DT) N/A Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADWAY PROJECTS No Nearby STIP Projects TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 8 1 -2 PM Peak Hour Trips 22 2 -20 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 local road that currently has capacity. Seabreeze Road is currently accessed off of Carolina Beach Road, a principal arterial highway which is heavily traveled but with available capacity. Though there are no STIP projects in this area, this development would result in an overall trip reduction from what could be developed with the existing zoning. This project would have very little traffic impact on the surrounding area. *Seabreeze Road does not have a listed planning capacity. The WMPO and NCDOT use a base 4,000 vehicles per day for those road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. Planning Board - January 4, 2024 ITEM: 2 - 2 - 7 Z23-24 Staff Report PB 1.4.2024 Page 8 of 15 ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The property is wholly within the VE Coastal High Hazard Area, which would require elevation certificates and additional development standards as prescribed in the UDO. • Per UDO Section 3.1.3.D.2.b.2, no areas designated as AE or VE special flood hazard areas shall have a residential density that exceeds 2.5 units per acre. This proposal’s density is 4.2 units per acre. • The property is not noted within the watersheds layer in New Hanover County GIS. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable) soils. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School, and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 0 dwelling units would be permitted under the current B-2 zoning base density, and 2 units could potentially be developed under the proposed zoning for an increase of 2 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 0 additional students than would be generated under current zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. • Over the past four years, staff has also seen a decline in the number of students generated by new development. Between the 2020-2021 school year and the 2023-2024 school year, total student population decreased by approximately 300 students, while over 11,000 new residential units were constructed. • The county uses the most current New Hanover County Schools Facilities Needs Study in its analysis and it currently shows the student population is anticipated to only grow by approximately 1,300 students over the next 10 years. However, a more recent New Hanover County School Facility Utilization Study presented to the School Board in September 2023 indicates only approximately 400 more students by the 2032-2033 school year, though numbers are anticipated to be higher during certain school years over the next ten years. This updated study has not been fully reviewed by Planning staff or presented to the Board of Commissioners. That is expected to occur in early 2024. Planning Board - January 4, 2024 ITEM: 2 - 2 - 8 Z23-24 Staff Report PB 1.4.2024 Page 9 of 15 Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 0 residential units Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Proposed Zoning 2 residential units Approximate** Total: 0 (0 elementary, 0 middle, 0 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an average of 0.21 public school students (0.10 for elementary, 0.04 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out- of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2023-2024 School Year) *Enrollment is based on the New Hanover County Schools student numbers for the 2023-2024 school year. **Capacity calculations were determined based on the capacities for the 2023-2024 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. • The more recent New Hanover County Schools School Facility Utilization Study has been prepared and was presented to the School Board in September 2023, and it identifies updated capacity upgrade projects that will be presented to the Board of Commissioners at the planned work session in early 2024. Level Total NHC Capacity School Enrollment of Assigned School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 90% Anderson 603 569 106% None Middle 88% Murray 896 889 101% None High 100% Ashley 1910 1900 100.5% None Planning Board - January 4, 2024 ITEM: 2 - 2 - 9 Z23-24 Staff Report PB 1.4.2024 Page 10 of 15 New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, 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 strategic objective to achieve this desired outcome includes the provision of a variety of housing options. The proposed CZD R-7 rezoning will provide new single-family homes in an area of the county that is largely single-family, detached and can aid in achieving the target of increasing the housing supply to a level of one residential unit per every two residents. Natural Areas and Critical Environmental Features are Enhanced and Protected Reduce the number of new residential lots created in special flood hazard areas within the unincorporated county. This proposed rezoning would create two new residential lots in the special flood hazard area. Planning Board - January 4, 2024 ITEM: 2 - 2 - 10 Z23-24 Staff Report PB 1.4.2024 Page 11 of 15 Representative Developments Representative Developments of B-2 (Existing Zoning): Small-Scale Commercial Development Representative Residential Developments of Seabreeze: S Seabreeze Rd Planning Board - January 4, 2024 ITEM: 2 - 2 - 11 Z23-24 Staff Report PB 1.4.2024 Page 12 of 15 Context and Compatibility • The property is located within the southern portion of the County and accessed by S Seabreeze Road, which connects directly to Carolina Beach Road, a principal arterial highway. • The subject site is located within the Seabreeze community, which served as a beach resort community for African Americans from the 1930’s to the 1950’s. While the subject site is undeveloped, a few structures from this community remain within the general vicinity. • This area was the focus of the Seabreeze Small Area Plan, created in 1989. The recommendations for the area included a revitalization of the businesses and a redevelopment of the waterfront. However, this revitalization has not been accomplished since the adoption of the plan, and some of the historic structures have been converted into luxury homes. • There is a proposed commercial development at the entrance of Seabreeze. • The parcels surrounding the subject property and in the immediate vicinity are zoned B-2; the parcel directly to the south has been a Bed and Breakfast since 2004. • . Due to the size and shape of parcels in the area, location of nearby residential, and regulations for B-2 zoned properties, potential for commercial development of the parcels would be challenging. • Given the need for private wells and septic systems or the extension of private utilities, the area has not experienced the anticipated commercial growth intended by the initial B-2 zoning in the area. • The change of zoning from the B-2 parcel to an R-7 would result in the adjacent parcel to the south becoming a legal nonconformity due to the setbacks and buffering that are required for B-2 parcels that abut residential uses. • The existing land uses within the area include a mix of small and large single-family dwellings and boat storage. • While the land of the subject sites is located within the VE flood zone, development at the scale proposed by the R-7 zoning district exists within other portions of the County that share similar flood risks, namely the beach communities of Wrightsville Beach, Carolina Beach and Kure Beach. Planning Board - January 4, 2024 ITEM: 2 - 2 - 12 Z23-24 Staff Report PB 1.4.2024 Page 13 of 15 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Planning Board - January 4, 2024 ITEM: 2 - 2 - 13 Z23-24 Staff Report PB 1.4.2024 Page 14 of 15 Analysis The B-2 zoning was originally applied to this part of Seabreeze in 1971 to encourage light commercial development in the area. The Community Mixed Use Place Type was applied to this area during the development of the 2016 Comprehensive Plan to support and encourage the mix of uses envisioned in the 1989 Seabreeze Small Area Plan. However, the size and shape of the parcels and lack of private water and sewer limited this development, and much of the intended commercial revitalization did not materialize. The majority of this portion of Seabreeze remains zoned for commercial use, which would be congruent with the Community Mixed Use Place Type. While this area is designated for moderate densities and mixed residential and commercial uses, the entire parcel is within the VE Coastal High Hazard Area. Generally, lower residential densities are recommended for flood prone areas in the Comprehensive Plan to reduce the number of homeowners with higher risks of flood damage. There are several locations in the county other than the Seabreeze area, for instance the western bank area across from downtown Wilmington, portions of Monkey Junction, and land near Cape Fear Community College North Campus, where higher densities and intensities are recommended for areas in flood zones, though. Staff has historically interpreted that place type classifications seeking higher intensity and mixed uses are intended to override density limits more generally placed in flood prone areas, as lower densities would not allow the place type recommendations but flood proofing and engineering solutions could mitigate risks that might be associated with higher densities. AQUA water and sewer services to this lot would only be available through a mainline extension; otherwise, this property can only be serviced through a well and septic system permitted through NHC Environmental Health. The two large live oak trees on the property further limit the developability of this parcel. Consistency Recommendation The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it provides housing in line with the purposes and intent of the Community Mixed Use Place Type. Planning Board - January 4, 2024 ITEM: 2 - 2 - 14 Z23-24 Staff Report PB 1.4.2024 Page 15 of 15 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. While the proposed density of 4.2 dwelling units per acre fits under the maximum recommended density of the Community Mixed Use Place Type, the existing conditions of the site, including the VE Coastal High Hazard Area flood designation, large live oak trees, lack of available water and sewer, and surrounding remaining B-2 zoned parcels make this parcel very limited in developability. As a result, Staff recommends disapproval of the proposal and suggests the following motion: I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides housing densities in line with the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because of the County’s goal to limit residential development in flood prone areas, and because of the challenges in developing the site at the proposed density given the site features desired to be protected. Alternative Motion for APPROVAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds approval appropriate.) I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides housing densities in line with the Community Mixed Use Place Type, and I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing more housing options. Recommended Conditions (if the Board finds approval appropriate.) 1. Both live oak trees on the property will be preserved as part of this development. 2. No accessory dwelling units will be permitted on these lots. 3. There will be one driveway cut across both lots. Planning Board - January 4, 2024 ITEM: 2 - 2 - 15 Planning Board - January 4, 2024 ITEM: 2 - 3 - 1 Planning Board - January 4, 2024 ITEM: 2 - 4 - 1 Planning Board - January 4, 2024 ITEM: 2 - 5 - 1 Initial Application Documents & Materials Planning Board - January 4, 2024 ITEM: 2 - 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 Sandra E. McKeithan Design Solutions P.O. Box 7221 7622 Scout Camp Hatila Road Wilmington, NC 28406 Wilmington, NC 28409 910-620-2374 910-395-6482 cwolf@lobodemar.biz sean@brellare.com (Sean Brella - Contract Purchaser) Planning Board - January 4, 2024 ITEM: 2 - 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. 1132 Seabreeze Road S 313111.66.1042 [R08519-001-002-000] (CZD) R-7 0.444 ac. 0.444 ac +/-Community Mixed-Use Two (2) Single-family Lots N/A B-2 & R-15 / Vacant Planning Board - January 4, 2024 ITEM: 2 - 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: Single-family Homes (ITE 210) Two (2) DU 2 2 Planning Board - January 4, 2024 ITEM: 2 - 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 - January 4, 2024 ITEM: 2 - 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 - January 4, 2024 ITEM: 2 - 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 - January 4, 2024 ITEM: 2 - 7 - 6 Planning Board - January 4, 2024 ITEM: 2 - 7 - 7 Planning Board - January 4, 2024 ITEM: 2 - 7 - 8 Planning Board - January 4, 2024 ITEM: 2 - 7 - 9 SITEE NOT FOR REAL ESTATENNOOOOOOTTTTFOOOOOOORRRREEREEEAAAALEEEESSSSSSSTSTAAAAATTTTTEENNNOOTTTTT FFFFFOOOOORR R R RREEEEEEAAL EEESSSSSSSSTTTTATATAAATAATEEESALES OR CONVEYANCE PRELIMINARYPPRRREEEEEEELLLLLLLIIMMMMMMIIINNNNNNAAAAAAAAARRYYYYYY Tract Area Calculated to the Normal High-Water Line 20,660 s.f. (0.474 acres) Planning Board - January 4, 2024 ITEM: 2 - 7 - 10 Legal DescripƟon for CondiƟonal District Rezoning of 1132 S. Seabreeze Road Beginning at a point in the eastern boundary of S. Seabreeze Road (S.R. 1531), a 30’ Public right- of-way; said point being located approximately 198 feet from where the road right-of-way makes a 900 turn to the North; and running thence with the S. Seabreeze Road right-of-way, North 00056’51” West, 94.61 feet to a point; thence North 89048’39” East, 227.93 feet to a point at the normal high-water line of the AtlanƟc Intracoastal Water Way; thence with that line, South 06048’01” West, 13.73 feet to a point; thence South 14050’51” West, 18.08 feet to a point; thence South 08044’25” West, 23.35 feet to a point; thence South 05006’04” West, 39.73 feet to a point; thence away from the water, South 89034’25” West, 213.03 feet to the point and place of beginning, containing 20,660 square feet, or 0.474 acres, more or less. Planning Board - January 4, 2024 ITEM: 2 - 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 1132 S. Seabreeze Road 313111.66.1042 [R08519-001-002-000] Wednesday, October 25, 2023 / 6:00 p.m. In-person Shelter #2 Veterna's Park Closest proximity of a County Park facility to the project location Attendees were supportive of the change of zoning, as long as the condition of just two (2) single-familybuilding lots was included. The proximity of AQUA public water & sewer mains was discussed. Some of the neighbors have serviceconnections, but the subject tract is not along any system frontage for either service. Private wells and septic systems are an option, but extension of the system would be embraced. The potential schedule for the rezoning process was given. I let everyone know that I am always availableby telephone or email for future information or questions. Planning Board - January 4, 2024 ITEM: 2 - 7 - 12 Page 2 of 2 Community Information Meeting Report – Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist Applicant Initial  A list of names and addresses of attendees  A list of the names and addresses of invitees and copies of any returned mailings received to date  A copy of the mailed notice with all attachments  A copy of all materials distributed or presented at the meeting Acknowledgement and Signatures By my signature below, I hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] _____________________________. A copy of the written notice is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting. Signature of Applicant or Applicant’s Agent Print Name Date The verbiage and exhibit included with the meeting notification described rezoning to CZD / R-10. However, an additional exibit was provided at the meeting for a CZD / R-7 district instead. That designation would allow a more aesthetic layout of the two homes, and was preferred. CAW CAW CAW CAW Cindee Wolf / Design Solutions 10/26/23 Planning Board - January 4, 2024 ITEM: 2 - 7 - 13 Planning Board - January 4, 2024 ITEM: 2 - 7 - 14 Planning Board - January 4, 2024 ITEM: 2 - 7 - 15 Planning Board - January 4, 2024 ITEM: 2 - 7 - 16 PROPERTY OWNERS WITHIN A 500' PERIMETER OF 1132 SEABREEZE ROAD SOUTH: ADJACENT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP BIGGS CARL L JOSSIE P 2225 ARYNESS DR VIENNA VA 22181 BRYANT CHARLES G JOHANNA 1008 S 11TH ST WILMINGTON NC 28401 CAPONE CHRISTOPHER A NATALIE 1004 SEABREEZE RD WILMINGTON NC 28409 CARTER HACKNEY & HUDSON LLC 102 OXFORD RD LUMBERTON NC 28358 COOPER GERALD D 4498 OCCOQUN VIEW CT WOODBRIDGE VA 22192 DINKINS FAMILY LIVING TRUST 1017 ROSA PARKS LN WILMINGTON NC 28409 DINKINS MICHAEL 625 VALLIE LN WILMINGTON NC 28412 DOLEY ENTERPRISE LLC 2125 S 48TH ST STE 102 TEMPE AZ 85282 FORD JOHN M CAROL S 1074 S SEABREEZE RD WILMINGTON NC 28409 FREEMAN WILLIAM EDWARD 924 ROSCOE FREEMAN AVE WILMINGTON NC 28409 GILGAN PATRICE A 1113 ELM ST WILMINGTON NC 28409 HINNANT CORDELIA ETAL 1011 BROAD AVE GREENSBORO NC 27406 HUGGINS RENEE TANYA 9524 MADISON CREEK CONVERSE TX 78109 JONES HASSONIL 2125 S 48TH ST STE 102 TEMPE AZ 85282 JOSEY REBECCA 59 RAMBLEWOOD DR NEWBURGH NY 12550 LINGERFELT NATHAN AMANDA 1000 S SEABREEZE RD WILMINGTON NC 28409 LOCKWOOD MELBA REV LIV TR 9524 CHASTAIN WALK DR CHARLOTTE NC 28216 LOVITT KENNETH R LISA J 6712 FINIAN DR WILMINGTON NC 28409 MCKEITHAN SANDRA E 7622 SCOUT CAMP HATILA RD WILMINGTON NC 28409 PHILLIPS TERRILYN CELECIA 809 BLUEBIRD LN WILMINGTON NC 28409 POMPEY BOBBY LEE 5744 TAFT PL MERRILLVILLE IN 46410 SCANLON CATHERINE M 1068 S SEABREEZE RD WILMINGTON NC 28409 SEABREEZE PIER OWNERS ASSO 1054 S SEABREEZE RD WILMINGTON NC 28409 SEABREEZE STORAGE INCORP 834 S SEABREEZE RD WILMINGTON NC 28409 SNOW SHANE S ANNIE L 806 TEXAS AVE CAROLINA BEACH NC 28428 STRUBLE RAYMOND R KELLY M 1054 S SEABREEZE RD WILMINGTON NC 28409 TAYLOR DONAVAN JR THELMA 1144 SEABREEZE RD WILMINGTON NC 28409 TUCKER ELTON G TRUSTEE 165 SHELTER WOOD DR BURGAW NC 28425 TYLEE STEVEN KATHERINE 1056 S SEABREEZE RD WILMINGTON NC 28409 WELBORN BRANDON M JESSICA 1022 S SEABREEZE RD WILMINGTON NC 28409 WILLIAMS BLONIE HEIRS 11565 HAAS AVE HAWTHORNE CA 90250 WILSON ANTHONY MONICA 6114 WILLOWOOD RD KANNAPOLIS NC 28081 WINNER W W SHIRLEY A 8100 RIVER RD WILMINGTON NC 28412 WINNER WALTER WAYNE II ETAL 8100 RIVER RD WILMINGTON NC 28412 WIVELL BRADLEY W 1017 S SEABREEZE RD WILMINGTON NC 28409 WRIGHT DEBORAH Y 2209 SAINT JOAN PL ACCOKEEK MD 20607 Planning Board - January 4, 2024 ITEM: 2 - 7 - 17 October 12, 2023 To: Adjacent Property Owners This is a notice of a community information meeting for an upcoming rezoning request. The property is located at 1132 Seabreeze Avenue South. The current Owner is Sandra McKeithan, and my client is a contracted purchaser. The rezoning request would be from the current Highway Business (B-2) district, to (CZD) R-10, a conditional residential district, for division of the tract into two (2) residential lots. 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 is approximately 0.47 acres. The New Hanover County parcel number (PIN) is 313111.66.1042, with a tax identification (PID) of R08519-001-002-000. Your property is located in the proximity, within a 500’ perimeter, of the proposed project. This proposal would require approval from New Hanover County Board of Commissioners. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. A meeting will be held on Wednesday, October 25th, 6:00 p.m., at the Veteran’s Park Picnic Shelter #2. The location is off the parking lot north of the tennis courts. (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 - January 4, 2024 ITEM: 2 - 7 - 18 Planning Board - January 4, 2024 ITEM: 2 - 7 - 19 Planning Board - January 4, 2024 ITEM: 2 - 7 - 20 Planning Board - January 4, 2024 ITEM: 2 - 7 - 21 Planning Board - January 4, 2024 ITEM: 2 - 7 - 22 Concept Plan Planning Board - January 4, 2024 ITEM: 2 - 8 - 1 Planning Board - January 4, 2024 ITEM: 2 - 9 - 1 Public Comments In Support 1 Neutral 0 In Opposition 2 Planning Board - January 4, 2024 ITEM: 2 - 10 - 1 1 Dickerson, Zachary From:JOHN FORD <jmford139@msn.com> Sent:Monday, December 18, 2023 8:15 AM To:Dickerson, Zachary Subject:Re: REZONING 1132 Seabreeze Rd ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Thanks for the reply and please put my comment in the public forum. John On Dec 18, 2023, at 7:48 AM, Dickerson, Zachary <zdickerson@nhcgov.com> wrote: Hi Mr. and Mrs. Ford, Thanks for your comment- given that we haven't opened the public comment portal yet for this case, would you like me to include this in the public comments that are being submitted to the Planning Board? Zach Zachary Dickerson Senior Planner – Development Review New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7450 p | (910) 798-7838 f zdickerson@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com -----Original Message----- From: JOHN FORD <jmford139@msn.com> Sent: Friday, December 15, 2023 9:15 AM To: Dickerson, Zachary <zdickerson@nhcgov.com> Subject: REZONING 1132 Seabreeze Rd ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Would love to see this lot rezoned to residential it’s not suitable for a business because of the flood zone and parking limitations. As B2 it would probably end up being more junk storage or boat trailer storage. Thanks, John and Carol Ford 1074 S Seabreeze Rd Planning Board - January 4, 2024 ITEM: 2 - 11 - 1 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Tuesday, December 26, 2023 9:48 AM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #8027 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Kristen Last Name Kaplan Address 7208 Grouper Court City Wilmington State NC Zip Code 28409 Email kristenpkaplan@gmail.com Please select the case for comment. PB Meeting - Z23-24 - Seabreeze Residential - 1132 Seabreeze Rd What is the nature of your comment? Oppose project Public Comment I strongly oppose Z23-23 - Seabreeze Commercial - & Z23-24 - Seabreeze Residential. This rezoning request is not in the best interest of our community or any of the neighboring communities, especially Sea Breeze. The proposed development is too intense and will make the intersection of Sea Breeze and Carolina Beach Roads even Planning Board - January 4, 2024 ITEM: 2 - 11 - 2 2 more dangerous than it already is. It will also produce additional noise, trash, bright lights, and a disruption to the residential neighborhood feel that currently exists along CB Road from Myrtle Grove Road to Snow's Cut Bridge. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Planning Board - January 4, 2024 ITEM: 2 - 11 - 3 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Tuesday, December 26, 2023 6:29 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #8035 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Robert Last Name Kaplan Address 7208 Grouper Court City Wilmington State NC Zip Code 28409 Email kaplancrew6@gmail.com Please select the case for comment. PB Meeting - Z23-24 - Seabreeze Residential - 1132 Seabreeze Rd What is the nature of your comment? Oppose project Public Comment While I'm open to a thoughtful, mixed use project that provides small shops, professional services, and local food and beverage, the proposed plans would intensify traffic concerns at an already dangerous intersection, bring additional noise, trash, lights and a disruption to the residential neighborhood feel that currently exists along Carolina Beach Road. I strongly oppose the current plans. Upload supporting files Planning Board - January 4, 2024 ITEM: 2 - 11 - 4 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 1/4/2024 Regular DEPARTMENT: Planning PRESENTER(S): Love O, Development Review Planner CONTACT(S): Love O, Development Review Planner; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z23-25) - Request by Cindee Wolf with Design Solu9ons, applicant to rezone approximately 10.95 acres zoned R-20, Residen9al and (CZD) R-5, Residen9al Moderate-High Density located at the 3100 block of Blue Clay Road to (CZD) RMF-M, Residen9al Mul9-Family Moderate Density for a maximum of 180 dwelling units. BRIEF SUMMARY: The applicant is proposing to rezone approximately 10.94 acres from (CZD) R-5, Residen1al Moderate-High Density and R-20, Residen1al located at 3100 Block at Blue Clay Road to (CZD) RMF-M, Residen1al Mul1-Family Moderate Density for a maximum of 180 mul1-family dwelling units. The proposed rezoning is intended to construct 15 three story mul1-family dwelling units for an affordable housing development. The concept plan also includes a community clubhouse, parking, open space, and stormwater management. In the descrip1on of the project, the development is intended to provide affordable units within the 60- 120% Are Median Income (AMI). The proposed CZD RMF-M rezoning will provide new aached single-family homes in an area of the county that is largely single-family, detached and can aid in achieving the target of increasing the housing supply to a level of one residen1al unit per every two residents. In 2022 the property was rezoned to (CZD) R-5 for the development of 17 quadraplexes for a total of 68 units. The purpose of R-5 is to provide lands that accommodate moderate to high density residen1al development on smaller lots with a compact and walkable development paern. The purpose of the RMF-M district is to provide lands that accommodate moderate density single-family and mul1- family development. The RMF-M district is a transi1onal district between intensive nonresiden1al development and higher density residen1al areas. As currently zoned, the site is permied 17 mul1-family dwelling units and is currently vacant. It is es1mated the site would generate approximately 52 AM and 69 PM peak hour trips if developed at the permied densi1es of the current (CZD) R-5 and R-20 zoning districts. The proposed (CZD) RMF-M development is es1mated to generate 90 AM and 83 PM peak hour trips, increasing the es1mated number of peak hour trips by approximately 38 AM and 14 PM trips. The proposed project is located along a minor arterial road that currently has capacity. Several other projects are currently under review or development in the vicinity; and while their traffic impact analysis did not take into account, all were developed to take into account general traffic growth in the area. During the ini1al Covenant II rezoning, concerns were raised about the lack of public transporta1on in the area given the affordable housing aspect of the Planning Board - January 4, 2024 ITEM: 3 project. Since then the county has ini1ated a micro-transit program, with WAVE offering point-to-point transit opportuni1es throughout the county. While the TIA would not be required for development of the site as it exists and is proposed, the site must be reviewed and approved through the NCDOT driveway permit process. The es1mated traffic generated from the site under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). Students living in the proposed development would be assigned to Wrightsboro Elementary School, Holly Shelter Middle School, and New Hanover High School. Based on generalized historic genera1on rate, staff would es1mate the increase in homes would result in approximately 24 addi1onal students than the es1mated number of students generated under exis1ng zoning. The Comprehensive Plan designates this property as Community Mixed Use, a place type that focuses on small-scale, compact, mixed use development paerns that serve all modes of travel and act as an aractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recrea1onal, commercial, ins1tu1onal, and mul1-family and single-family residen1al. One of the primary goals of the 2016 Comprehensive Plan is to provide for a range of housing types, opportuni1es, and choices so that ci1zens are not overburdened with the costs or availability of housing but have a diverse range of op1ons that are affordable at different income levels. The affordability range that could be provided by this project would help to address one of the largest affordability gaps iden1fied in the updated Housing Needs Assessment presented to the Commissioners in Spring 2023. However, the density of 16.4 units/acre proposed for this project exceeds the 12-15 mul1-family units/acre recommended for the Community Mixed Use place type. Staff has considered including more flexibility in densi1es for affordable projects as part of the residen1al density amendment an1cipated to be part of the first tranche of Comprehensive Plan update amendments. However, that change in policy has not been veed or thoroughly analyzed at this point. The proposed rezoning request is generally INCONSISENT with the 2016 Comprehensive Plan because while the proposed project could serve as a transi1on between lower intensity and higher intensity development in the area and provide needed affordable housing stock, the density proposed exceeds what is recommended for the Community Mixed Use Plan Type. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff’s recommenda1on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera1ons, and technical review. While the project would increase the supply of dedicated affordable housing in the area—the exis1ng CZD R-5 zoning district did not include a specific condi1on for affordability though that was the property owner’s intent—the proposed density is above what is recommended in the Comprehensive Plan. Efforts have begun to consider whether more flexibility in density is appropriate for affordable developments, but that has not been veed or thoroughly analyzed at this point. As a result, Staff recommends disapproval of the proposal and suggests the following mo9on: While the proposed project could serve as a transi1on between lower intensity and higher intensity development in the area and provide needed affordable housing stock, I move to recommend DENIAL of the proposed rezoning. I find it Planning Board - January 4, 2024 ITEM: 3 to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density of the development exceeds the density recommended for the Community Mixed Use place type. I also find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project is more intensive than neighboring proper1es and not consistent with the development paern in the area. Alterna9ve Mo9on for APPROVAL (if based on informa1on presented at the public hearing or other considera1on beyond the scope of staff review, the board finds approval appropriate.) I move to recommend APPROVAL of the proposed rezoning. While I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density of the development exceeds the density recommended for the Community Mixed Use place type, I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed project provides a variety of housing op1ons and addi1onal affordable housing units in the county, with the following condi1ons: Exis9ng condi9ons to remain in effect: 1. Street trees shall be provided along the boundary with the Rachel's Place Subdivision. 2. The connec1on to Rachel's Place shall be gated and limited to emergency vehicle access. 3. A fenced buffer shall be provided along the northern property line and fencing shall be incorporated along the southern property line. 4. Exis1ng trees along the drainage ditch to the north shall be retained outside of clearing necessary for stormwater conveyance and maintenance. Addi9onal applicant proposed condi9on: 1. The project will include a minimum of 100% of the units as workforce housing units that have either been approved for Low Income Tax Credit funding or an agreement between the developer and county will be required. If required, the agreement shall be established before the issuance of any Cer1ficate of Occupancy for the project and specify: -Affordability will be made available for a period of no less than 15 years with rental limits based upon HUD income limits of 80% AMI. -The number of affordable units provided; -The income limits; -Rent limits subject to annual change; -The period of 1me workforce housing units must remain affordable; -Any other criteria necessary for compliance and monitoring; -An established 1meframe for annual repor1ng from the developer or owner of the development to New Hanover County. Annual reports shall provide the following minimum informa1on. - Unit number - Bedroom number - Household size - Tenant income - Rent rate Planning Board - January 4, 2024 ITEM: 3 - The developer or owner of the development shall report any mi-year lease changes to workforce housing units to New Hanover County to ensure lease changes remain compliant with the agreement. - If the total number of workforce housing units falls below the minimum of 100% before the expira1on of the minimum 15-year period of affordability the development shall be subject to enforcement measures found in Ar1cle 12 Viola1ons and Enforcement of the Unified Development Ordinance. ATTACHMENTS: Descrip1on Z23-25 PB Script Z23-25 PB Staff Report Z23-25 Zoning Map Z23-25 Future Land Use Map Z23-25 Mailout Map Z23-25 Application Cover Sheet Z23-25 Application Z23-25 Concept Plan Cover Sheet Z23-25 Concept Plan Z23-25 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - January 4, 2024 ITEM: 3 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z23-25) Request by Cindee Wolf with Design Solutions, applicant to rezone approximately 10.95 acres zoned R-20, Residential and (CZD) R-5, Residential Moderate-High Density located at the 3100 block of Blue Clay Road to (CZD) RMF-M, Residential Multi-Family Moderate Density for a maximum of 180 dwelling units. 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 Denial I move to recommend DENIAL of the proposed rezoning. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density of the development exceeds the density recommended for the Community Mixed Use place type. I also find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project is more intensive than neighboring properties and not consistent with the development pattern in the area. Alternative Motion for Approval I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed scale and density will provide an adequate transition from a commercial corridor to residential districts. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed concept plan is arguably less intense and more in line with current development patterns than the current district of (CZD) O&I, with the following conditions: Existing Conditions to remain in effect: 1. Street trees shall be provided along the boundary with the Rachel’s Place Subdivision. Planning Board - January 4, 2024 ITEM: 3 - 1 - 1 2. The connection to Rachel’s Place shall be gated and limited to emergency vehicle access. 3. A fenced buffer shall be provided along the northern property line and fencing shall be incorporated along the southern property line. 4. Existing trees along the drainage ditch to the north shall be retained outside of clearing necessary for stormwater conveyance and maintenance. Proposed Conditions: 1. The project will include a minimum of 100% of the units as workforce housing units that have either been approved for Low Income Tax Credit funding or an agreement between the developer and county will be required. If required, the agreement shall be established before the issuance of any Certificate of Occupancy for the project and specify: • Affordability will be made available for a period of no less than 15 years with rental limits based upon HUD income limits of 80% AMI. • The number of affordable units provided; • The income limits; • Rent limits subject to annual change; • The period of time workforce housing units must remain affordable; • Any other criteria necessary for compliance and monitoring; • An established timeframe for annual reporting from the developer or owner of the development to New Hanover County. Annual reports shall provide the following minimum information. o Unit number o Bedroom number o Household size o Tenant income o Rent rate • The developer or owner of the development shall report any mid-year lease changes to workforce housing units to New Hanover County to ensure lease changes remain compliant with the agreement. • If the total number of workforce housing units falls below the minimum of 100% before the expiration of the minimum 15-year period of affordability the development shall be subject to enforcement measures found in Article 12 Violations and Enforcement of the Unified Development Ordinance. Planning Board - January 4, 2024 ITEM: 3 - 1 - 2 Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) RMF-M district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ Planning Board - January 4, 2024 ITEM: 3 - 1 - 3 Z23-25 Staff Report PB 1.4.2024 Page 1 of 17 STAFF REPORT FOR Z23-25 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-25 Request: Rezoning to a Conditional RMF-M district Applicant: Property Owner(s): Cindee Wolf with Design Solutions New Beginning Christian Church, Inc. Location: Acreage: 3100 Block Blue Clay Road 10.94 PID(s): Comp Plan Place Type: R03300-003-002-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Maximum180 Multi-Family Dwelling Units Current Zoning: Proposed Zoning: CZD R-5, Conditional Zoning District Residential Moderate High Density and R-20 Residential (CZD) RMF-M, Conditional Residential Multi- Family Moderate Density SURROUNDING AREA LAND USE ZONING North Single-Family Residential (Ivy Wood Subdivision) R-10 East North Kerr Industrial Park I-2 South Single-Family Residential (Rachel’s Place Subdivision) (CZD) R-10 West New Beginning Christian Church and Covenant I Residential Development R-20, R-10 Planning Board - January 4, 2024 ITEM: 3 - 2 - 1 Z23-25 Staff Report PB 1.4.2024 Page 2 of 17 ZONING HISTORY July 1, 1974 Initially rezoned R-20 (Area 10A) April 4, 2016 Portion of parcel rezoned to (CZD) R-10 as part of a larger rezoning to allow for the development of a performance residential subdivision May 2, 2022 Rezoned (CZD) R-5 for the development of 17 quadraplex buildings for a total of 68 units COMMUNITY SERVICES Water/Sewer CFPUA public water and sewer available through a mainline extension. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Cape Fear Optimist Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Planning Board - January 4, 2024 ITEM: 3 - 2 - 2 Z23-25 Staff Report PB 1.4.2024 Page 3 of 17 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • The applicant is proposing to rezone a 10.94-acre parcel to (CZD) RMF-M to construct a 180-unit attached housing development at a density of 16.4 units per acre. The proposed plan also includes associated parking, a clubhouse, and common amenities. • The proposed development consists of 15 multi-family buildings on the parcel, which is bounded to the east by Blue Clay Road between the Ivy Wood neighborhood to the north and the Rachel’s Place neighborhood to the south. The building heights are proposed at a maximum of three stories. • The applicant has submitted architectural designs of the proposed multi-family dwelling us as part of the conceptual plan. • The community clubhouse is located on the eastern portion of the parcel, close to the southern boundary of the parcel along the proposed private drive New Beginning Drive. • The existing stormwater infiltration basin located on the western portion of the site will be expanded to accommodate for the proposed development. • A 30’ wide drainage easement is indicated along the northern boundary of the project adjacent to property zoned or developed as R-10, Residential District. Planning Board - January 4, 2024 ITEM: 3 - 2 - 3 Z23-25 Staff Report PB 1.4.2024 Page 4 of 17 ZONING CONSIDERATIONS • The R-20 district in this area was established in 1974. At the time, the purpose of the R-20 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, water and sewer services have become available to the surrounding area, however, the Blue Clay Road corridor remains primarily zoned for low density housing and industrial uses. • Rezoning case Z-950 was approved in 2016 and resulted in the subject site being split zoned (CZD) R-10 and R-20. Case Z-950 was a rezoning request to construct a 46-unit performance residential district. The current subject site was intended at the time to contain 16 of these lots, as well as recreation space and 30 lots were to be located on another portion of the parent tract. • Rezoning case Z-966 approved Covenant I, a 68-unit Senior Housing residential development. Covenant I is located on the site where the original 30 lots for Z-950 were to be constructed. The subject site for Covenant II still contains the (CZD) RMF-M zoning tied to case Z-950. • Approved May 2, 2022, case Z22-08 rezoned approximately 9.6 acres of a 10.94-acre site from R-20 and (CZD) R-10 to (CZD) R-5 for a 68-unit attached housing development. • The purpose of the RMF-M, Residential Multi-Family Moderate Density District is to provide lands that accommodate moderate density single-family and multi-family development. • The proposed 180-unit development equates to a density of 16.4 units per acre. The RMF- M district allows up to 17 units per acre by-right. • In the description of the project, the development is intended to provide affordable units within the 60-120% Are Median Income (AMI). • The proposed development as well as the existing development do not connect in with the stub at Galway Road, a publicly dedicated road. Staff has been recently informed by representatives from NCDOT that if a connection is not made, Galway Road will never be eligible for addition to the state maintenance system. This information was not provided at the time of the previous rezoning request. • 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 - January 4, 2024 ITEM: 3 - 2 - 4 Z23-25 Staff Report PB 1.4.2024 Page 5 of 17 Z22-08 Original Concept Plan - Includes Staff Markups Planning Board - January 4, 2024 ITEM: 3 - 2 - 5 Z23-25 Staff Report PB 1.4.2024 Page 6 of 17 AREA DEVELOPMENTS Planning Board - January 4, 2024 ITEM: 3 - 2 - 6 Z23-25 Staff Report PB 1.4.2024 Page 7 of 17 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 17 single-family dwelling units. PROPOSED ACCESS Primary Access 3100 Block Blue Clay Rd. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Blue Clay Rd. Planning Board - January 4, 2024 ITEM: 3 - 2 - 7 Z23-25 Staff Report PB 1.4.2024 Page 8 of 17 Type of Roadway Minor arterial Roadway Planning Capacity (AADT) 10,979 Latest Traffic Volume (AADT) 6,900 (2022) Latest WMPO Point-in-Time County (DT) 6,001 (7/2022) Current Level of Congestion Has capacity NEARBY NCDOT STIP ROADAWAY PROJECTS U-5853 – NC 133 Widening (Unfunded at this time, est. 2025) I-140/US 17 (Wilmington Bypass) to SR 1310 (Division Drive) in Wilmington. Widen to multi-lanes. Currently unfunded. U-5954 – NC 133 Roundabout Construction of a roundabout at the intersection of NC 133 (Castle Hayne Rd.) and SR 1302 (23rd St.) Right of Way Year: 2025 Construction Year: 2017 TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 52 90 +38 PM Peak Hour Trips 69 83 +14 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). Planning Board - January 4, 2024 ITEM: 3 - 2 - 8 Z23-25 Staff Report PB 1.4.2024 Page 9 of 17 SUMMARY The proposed project is located along a minor arterial roadway that currently has capacity. Several other projects are currently under review or development in the vicinity; and while their traffic impact analyses did not take this proposal into account, all were developed to take into account general traffic growth in the area. During the initial Covenant II rezoning, concerns were raised about the lack of public transportation in the area given the affordable housing aspect of the project. Since then the county has initiated a micro-transit program, with WAVE offering point-to-point transit opportunities throughout the county. The proposed project’s peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis, but NCDOT will review the project through the driveway permitting process. ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Ness Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitations for septic suitability) and Class III (severe limitations for septic suitability). However, the site is expected to be served by CFPUA when developed. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Wrightsboro Elementary School, Holly Shelter Middle School, and New Hanover High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 68 dwelling units would be permitted under the current (CZD) R-5 zoning base density, and 180 units could potentially be developed under the proposed zoning for an increase of 112 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 24 additional students than would be generated under current zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. • Over the past four years, staff has also seen a decline in the number of students generated by new development. Between the 2020-2021 school year and the 2023-2024 school year, total student population decreased by approximately 300 students, while over 11,000 new residential units were constructed. • The county uses the most current New Hanover County Schools Facilities Needs Study in its analysis, and it currently shows the student population is anticipated to only grow by approximately 1,300 students over the next 10 years. However, a more recent New Hanover County School Facility Utilization Study presented to the School Board in Planning Board - January 4, 2024 ITEM: 3 - 2 - 9 Z23-25 Staff Report PB 1.4.2024 Page 10 of 17 September 2023 indicates only approximately 400 more students by the 2032-2033 school year, though numbers are anticipated to be higher during certain school years over the next ten years. This updated study has not been fully reviewed by Planning staff or presented to the Board of Commissioners. That is expected to occur in early 2024. Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning (CZD R-5) 68 residential units Approximate** Total: 14 (7 elementary, 3 middle, 5 high) Proposed Zoning (CZD) RMF- M 180 residential units Approximate** Total: 38 (18 elementary, 7 middle, 13 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an average of 0.21 public school students (0.10 for elementary, 0.04 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out- of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2023-2024 School Year) *Enrollment is based on the New Hanover County Schools student numbers for the 2023-2024 school year. **Capacity calculations were determined based on the capacities for the 2023-2024 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. Level Total NHC Capacity School Enrollment of Assigned School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 90% Wrightsboro 484 595 81% None Middle 88% Holly Shelter 818 991 83% None High 100% New Hanover 1531 1678 91.2% None Planning Board - January 4, 2024 ITEM: 3 - 2 - 10 Z23-25 Staff Report PB 1.4.2024 Page 11 of 17 • The more recent New Hanover County Schools School Facility Utilization Study has been prepared and was presented to the School Board in September 2023, and it identifies updated capacity upgrade projects that will be presented to the Board of Commissioners at the planned work session in early 2024. New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, 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 strategic objective to achieve this desired outcome includes the provision of a variety of housing options. The proposed CZD RMF-M rezoning will provide new attached single- family homes in an area of the county that is largely single-family, detached and can aid in achieving the target of increasing the housing supply to a level of one residential unit per every two residents. The 2022 Housing Needs Assessment, also known as the Bowen Report, concluded there is an estimated overall housing gap of 12,147 rental units and a gap of 16,875 for-sale units within the county over the next 10 years. The project is proposed as affordable workforce housing which typically provides housing opportunities within the range of 60-120% AMI. The Housing Needs Assessment estimates an overall housing gap of 5,361 rental units and 5,962 for sale units within the range of 60- 120% AMI. Natural areas and critical environmental features are enhanced and protected. No critical environmental features have been identified on the property and the project requires a minimum 20% open space for performance residential developments. Planning Board - January 4, 2024 ITEM: 3 - 2 - 11 Z23-25 Staff Report PB 1.4.2024 Page 12 of 17 Representative Developments Representative Developments of R-5: Wrightsville Place Leeward Village Planning Board - January 4, 2024 ITEM: 3 - 2 - 12 Z23-25 Staff Report PB 1.4.2024 Page 13 of 17 Representative Developments of RMF-M: The Parks at Three Oaks Stephens Pointe Planning Board - January 4, 2024 ITEM: 3 - 2 - 13 Z23-25 Staff Report PB 1.4.2024 Page 14 of 17 Context and Compatibility • The subject property is located on a minor arterial road and abuts the Wrightsboro commercial node. • The property is adjacent to residentially zoned property to the north and south, the New Beginning Christian Church to the west, and the N. Kerr Industrial Park is located across Blue Clay Road to the east. • The proposal is at a density higher than that of the adjacent residential land uses. The adjacent developments, zoned R-10 have a density of 3.3 dwelling units an acre. • The proposed height will be limited to 3 stories, which is the maximum allowed height within the RMF-M district. 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 - January 4, 2024 ITEM: 3 - 2 - 14 Z23-25 Staff Report PB 1.4.2024 Page 15 of 17 Analysis The subject property is located in the northern portion of the county along a minor arterial road and is in the general vicinity of the Wrightsboro neighborhood commercial node and other commercial services. The development pattern in the area has changed over the past several years, with several residential development projects and approvals, including Rachel’s Place, the Covenant I, Blue Clay Townes, and the Trask RMF-L project to the north, all of which have densities between 3-10 units per acre. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of a mix of residential, office, and retail uses at moderate densities while also providing a transition between the existing lower density housing and higher intensity employment centers, such as the N. Kerr Industrial Park. As the site is located between two existing single-family developments on the north and south, abuts an existing religious institution to the west, and is across Blue Clay Road from industrially-zoned properties to the east. These areas are classified as General Residential and Employment Center within the Future Land Use Map. As such, residential densities higher than those seen for adjacent properties could be appropriate for the site and could serve as appropriate infill and transitional development between those two land use classifications. In addition, one of the primary goals of the 2016 Comprehensive Plan is to provide for a range of housing types, opportunities, and choices so that citizens are not overburdened with the costs or availability of housing but have a diverse range of options that are affordable at different income levels. The affordability range that could be provided by this project would help to address one of the largest affordability gaps identified in the updated Housing Needs Assessment presented to the Commissioners in Spring 2023. However, the density of 16.4 units/acre proposed for this project exceeds the 12-15 multi-family units/acre recommended for the Community Mixed Use place type. Staff has considered including more flexibility in densities for affordable projects as part of the residential density amendment anticipated to be part of the first tranche of Comprehensive Plan update amendments. However, that change in policy has not been vetted or thoroughly analyzed at this point. Consistency Recommendation While the proposed project could serve as a transition between lower intensity and higher intensity development in the area and provide needed affordable housing stock, the density proposed exceeds what is recommended for the Community Mixed Use Plan Type, so it is generally INCONSISTENT with the 2016 Comprehensive Plan. Planning Board - January 4, 2024 ITEM: 3 - 2 - 15 Z23-25 Staff Report PB 1.4.2024 Page 16 of 17 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. While the project would increase the supply of dedicated affordable housing in the area—the existing CZD R-5 zoning district did not include a specific condition for affordability though that was the property owner’s intent—the proposed density is above what is recommended in the Comprehensive Plan. Efforts have begun to consider whether more flexibility in density is appropriate for affordable developments, but that has not been vetted or thoroughly analyzed at this point. As a result, Staff recommends disapproval of the proposal and suggests the following motion: While the proposed project could serve as a transition between lower intensity and higher intensity development in the area and provide needed affordable housing stock, I move to recommend DENIAL of the proposed rezoning. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density of the development exceeds the density recommended for the Community Mixed Use place type. I also find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project is more intensive than neighboring properties and not consistent with the development pattern in the area. Alternative Motion for APPROVAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds approval appropriate.) I move to recommend APPROVAL of the proposed rezoning. While I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density of the development exceeds the density recommended for the Community Mixed Use place type, I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed project provides a variety of housing options and additional affordable housing units in the county. Existing conditions to remain in effect: 1. Street trees shall be provided along the boundary with the Rachel’s Place Subdivision. 2. The connection to Rachel’s Place shall be gated and limited to emergency vehicle access. 3. A fenced buffer shall be provided along the northern property line and fencing shall be incorporated along the southern property line. 4. Existing trees along the drainage ditch to the north shall be retained outside of clearing necessary for stormwater conveyance and maintenance. Additional proposed conditions: 1. The project will include a minimum of 100% of the units as workforce housing units that have either been approved for Low Income Tax Credit funding or an agreement between the developer and county will be required. If required, the agreement shall Planning Board - January 4, 2024 ITEM: 3 - 2 - 16 Z23-25 Staff Report PB 1.4.2024 Page 17 of 17 be established before the issuance of any Certificate of Occupancy for the project and specify: • Affordability will be made available for a period of no less than 15 years with rental limits based upon HUD income limits of 80% AMI. • The number of affordable units provided; • The income limits; • Rent limits subject to annual change; • The period of time workforce housing units must remain affordable; • Any other criteria necessary for compliance and monitoring; • An established timeframe for annual reporting from the developer or owner of the development to New Hanover County. Annual reports shall provide the following minimum information. o Unit number o Bedroom number o Household size o Tenant income o Rent rate • The developer or owner of the development shall report any mid-year lease changes to workforce housing units to New Hanover County to ensure lease changes remain compliant with the agreement. • If the total number of workforce housing units falls below the minimum of 100% before the expiration of the minimum 15-year period of affordability the development shall be subject to enforcement measures found in Article 12 Violations and Enforcement of the Unified Development Ordinance. Planning Board - January 4, 2024 ITEM: 3 - 2 - 17 Planning Board - January 4, 2024 ITEM: 3 - 3 - 1 Planning Board - January 4, 2024 ITEM: 3 - 4 - 1 Planning Board - January 4, 2024 ITEM: 3 - 5 - 1 Initial Application Documents & Materials Planning Board - January 4, 2024 ITEM: 3 - 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 Design Solutions P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz New Beginning Christian Church, Inc. 3120 Alex Trask Drive Castle Hayne, NC 28429 910-341-7984 nbcc401@yahoo.com (Contact: Pastor Rob Campbell) Planning Board - January 4, 2024 ITEM: 3 - 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. 3100 Block Blue Clay Road 322020.91.7300 [R03300-003-002-000] 10.95 ac. (CZD) R-5 / Vacant Community Mixed-Use (CZD) RMF-M 10.95 ac. N/A180 Units (16.4 units / ac.) Planning Board - January 4, 2024 ITEM: 3 - 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: Affordable Housing (223) 180 Dwelling Units Reference site plan for layout, proposed improvements and details. ** Street trees will be planted along both sides of Covenant Lane, staggered at a maximum of 18', on center. 90 83 Planning Board - January 4, 2024 ITEM: 3 - 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 - January 4, 2024 ITEM: 3 - 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 - January 4, 2024 ITEM: 3 - 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 CAW N/A CAW Planning Board - January 4, 2024 ITEM: 3 - 7 - 6 Planning Board - January 4, 2024 ITEM: 3 - 7 - 7 Planning Board - January 4, 2024 ITEM: 3 - 7 - 8 Planning Board - January 4, 2024 ITEM: 3 - 7 - 9 Legal Description for (CZD) RMF-M Rezoning The Covenant Family Residential Community Beginning at a point located along the western boundary of Blue Clay Road, a 60’ public right-of-way; said point being the southeast corner of Section One, Ivy Wood at Runnymeade, a subdivision recorded among the land records of the New Hanover County Registry in Map Book 29, at Page 64; and running thence from the point of beginning with the Blue Clay Road right-of-way, South 12021’59” West, 332.88 feet to a point; thence leaving the right-of-way, North 64044’03” West, 1273.59 feet to a point; thence, South 23051’30” West, 30.04 feet to a point; thence North 54039’49” West, 141.05 feet to a point; thence North 34039’10” East, 392.64 feet to a point; thence, South 62008’51” East, 1274.67 feet to the point and place of beginning, containing 10.95 acres, more or less. Planning Board - January 4, 2024 ITEM: 3 - 7 - 10 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 3100 Block of blue Clay Road 322020.91.7300 [R03300-003-002-000] Wednesday, August 23, 2023 / 6:00 p.m. In-person Adjacent to the project site - 3120 Alex Trask Dr., Castle Hayne New Beginning Christian Church, Inc. Planning Board - January 4, 2024 ITEM: 3 - 7 - 11 Planning Board - January 4, 2024 ITEM: 3 - 7 - 12 Planning Board - January 4, 2024 ITEM: 3 - 7 - 13 Planning Board - January 4, 2024 ITEM: 3 - 7 - 14 Planning Board - January 4, 2024 ITEM: 3 - 7 - 15 PROPERTIES WITHIN 500' PERIMETER OF 3100 BLUE CLAY ROAD: ADJACENT PROP OWNER ADDRESS CITY / STATE / ZIP 113 GREENVILLE AVENUE LLC PO BOX 1787 PITTSBORO NC 27312 ABELL CAMBY J SLOANE E 1313 ROOSTER CT CASTLE HAYNE NC 28429 ALLERS ELIZABETH ANN 3205 GALWAY RD CASTLE HAYNE NC 28429 ANDERS ERIN L 2157 BLUE BONNET CIR CASTLE HAYNE NC 28429 BARON COLIN ETAL 2166 BLUE BONNET CIR CASTLE HAYNE NC 28429 BARRINGTON JOHN E C 3209 S WOOLWITCH CT CASTLE HAYNE NC 28429 BATSON SYDNEY ETAL 3303 PRIMROSE LN CASTLE HAYNE NC 28429 BEAL PATRICK KATLYN 1305 ROOSTER CT CASTLE HAYNE NC 28429 BENTON MORGAN N JEROME M 117 RED FOX RD WILMINGTON NC 28409 BENTON ROSS H 3200 GALWAY RD CASTLE HAYNE NC 28429 BISSON PATRICK D JR 919 N TANGLEWOOD LN LIBERTY LAKE WA 99019 BLANKS DERRICK II ETAL 1312 ROOSTER CT CASTLE HAYNE NC 28429 BOSTIC BUILDING CORP 6622 GORDON RD WILMINGTON NC 28405 BOYETTE MOSLEY III CHARLYNE 2136 BLUE BONNET CIR CASTLE HAYNE NC 28429 BRADLEY MICHAEL ANTHONY 3209 GALWAY RD CASTLE HAYNE NC 28429 BRAY RAYMOND E JR ETAL 3213 GALWAY RD CASTLE HAYNE NC 28429 BRINSON PROPERTY HOLDINGS LLC 3108 KITTY HAWK RD WILMINGTON NC 28405 BUCHNER MARK R DIANE M 1264 BIG FIELD DR CASTLE HAYNE NC 28429 BURNS RONALD BRAFFORD 134 WINDEMERE RD WILMINGTON NC 28405 BYRD CELESTE W 2128 BLUE BONNET CIR CASTLE HAYNE NC 28429 CARVER COLLIN F ET UX 2048 BLUE BONNET CIR CASTLE HAYNE NC 28429 CHEERS APRIL JODIE 3204 ALWAYS RD CASTLE HAYNE NC 28429 CLOYD SHELBY HEWETT 3208 GALWAY RD CASTLE HAYNE NC 28429 CLYMER ANDREW W JENNIFER A 2154 BLUE BONNET CIR CASTLE HAYNE NC 28429 COVENANT SENIOR HOUSING LLC PO BOX 2400 BEAUFORT NC 28516 CUOMO DAVID P 3220 GALWAY RD CASTLE HAYNE NC 28429 CYRUS MORGAN E 2108 BLUE BONNET CIR CASTLE HAYNE NC 28429 DAVIDSON THOMAS P PATRICIA L 2158 BLUE BONNET CIR CASTLE HAYNE NC 28429 DICKENSON STEPHEN J CAROLINE 2150 BLUE BONNET CIR CASTLE HAYNE NC 28429 DILLON JAMES A PATRICIA L 609 LATTICE CT CASTLE HAYNE NC 28429 DJOSEY EDWARD KRISTINA TRUSTEES 138 WHITMAN AVE WILMINGTON NC 28429 DOWNS FRANCES I TRUSTEE ETAL 2162 BLUE BONNET CIR CASTLE HAYNE NC 28429 EDWARDS HEATHER C 1260 BIG FIELD DR CASTLE HAYNE NC 28429 ELDERS ADAM G 1309 ROOSTER CT CASTLE HAYNE NC 28429 FANN RONALD V JUDY L 2115 BLUE BONNET CIR CASTLE HAYNE NC 28429 FARRELL JOAN 2124 BLUE BONNET CIR CASTLE HAYNE NC 28429 FINN DAMIEN PAULA 2119 BLUE BONNET CIR CASTLE HAYNE NC 28429 FUSCO DENISE 1268 BIG FIELD DR CASTLE HAYNE NC 28429 GALLAGHER SCOTT D JAYNE 2132 BLUE BONNET CIR CASTLE HAYNE NC 28429 GLOVER ADAM S ETAL 3202 SKY CT CASTLE HAYNE NC 28429 GOMEZ LARRY KIMBERLY 2105 BLUE BONNET CIR CASTLE HAYNE NC 28429 GRACE INVESTMTS OF WILM LLC 340 WILD RICE WAY WILMINGTON NC 28412 HARRIS CHRISTOPHER N 3205 SKY CT CASTLE HAYNE NC 28429 Planning Board - January 4, 2024 ITEM: 3 - 7 - 16 HARTLEY CONNOR 2123 BLUE BONNET CIR CASTLE HAYNE NC 28429 HARTS CODY W SARA G 1241 BIG FIELD DR CASTLE HAYNE NC 28429 HOMMEL DAVID EDWARD FAITH 3222 ALEX TRASK DR CASTLE HAYNE NC 28429 JINOL SALVADOR KEELY 2052 BLUE BONNET CIR CASTLE HAYNE NC 28429 KELLUM CHRISTOPHER T EMILY 1308 ROOSTER CT CASTLE HAYNE NC 28429 KELLY RYAN ETAL 2139 BLUE BONNET CIR CASTLE HAYNE NC 28429 KELLY TUCKER MIRANDA D 2135 BLUE BONNET CIR CASTLE HAYNE NC 28429 KENNEDY WARREN III ASHLEY 1233 BIG FIELD DR CASTLE HAYNE NC 28429 KLUTZ DONNA M 2003 SHIRLEY RD WILMINGTON NC 28405 LEE REBECCA J ETAL 1276 BIG FIELD DR CASTLE HAYNE NC 28429 LEGWIN DAVID PAMELA 3206 S WOOLWITCH CT CASTLE HAYNE NC 28429 LEWIS CATHY HILL 3200 S WOOLWITCH CT CASTLE HAYNE NC 28429 LIGHT CARMEN L 2149 BLUE BONNET CIR CASTLE HAYNE NC 28429 LONG CHRISTIAN J ETAL 2044 BLUE BONNET CIR CASTLE HAYNE NC 28429 LORENZEN MARCI 2120 BLUE BONNET CIR CASTLE HAYNE NC 28429 MACPHERSON BRITTLYNN R 1265 BIG FIELD DR CASTLE HAYNE NC 28429 MAREADY MATTHEW MARY A 2153 BLUE BONNET CIR CASTLE HAYNE NC 28429 MARTIN CHRIS ALLEN 3216 ALEX TRASK DR CASTLE HAYNE NC 28429 MASCO NICOLE C 2109 BLUE BONNET CIR CASTLE HAYNE NC 28429 MILLER CATHY LYNN 3217 S WOOLWITCH CT CASTLE HAYNE NC 28429 MILLER MADELYN E 606 LATTICE CT CASTLE HAYNE NC 28429 NEWKIRK DORELL MCKENZIE 2043 BLUE BONNET CIR CASTLE HAYNE NC 28429 NICHOLS FRANCIS T 607 LATTICE CT CASTLE HAYNE NC 28429 NOBLES SHERWOOD MILDRED 3200 ALEX TRASK DR CASTLE HAYNE NC 28429 NORTON TABITHA 3201 GALWAY RD CASTLE HAYNE NC 28429 OKEEFE KATHLEEN 611 LATTICE CT CASTLE HAYNE NC 28429 PALMER HARVEY E 1272 BIG FIELD DR CASTLE HAYNE NC 28429 PERRY JACOB N ASHTON D 3221 GALWAY RD CASTLE HAYNE NC 28429 PERRY SUSAN E 2146 BLUE BONNET CIR CASTLE HAYNE NC 28429 PIGG SAMANTHA D ETAL 3210 S WOOLWITCH CT CASTLE HAYNE NC 28429 POPLIN JOHN L VICKY A 3207 S WHITEWOOD WAY CASTLE HAYNE NC 28429 PRIVETTE JACOB A 520 WHITE POINT LN TAYLORSVILLE NC 28681 PURDY VIRGINIA M 1253 BIG FIELD DR CASTLE HAYNE NC 28429 RACHELS PLACE HOA INC 6622 GORDON RD WILMINGTON NC 28411 RHEW JAMES C ET UX 1245 BIG FIELD DR CASTLE HAYNE NC 28429 RIDLEY ANGELA 3222 S WOOLWITCH CT CASTLE HAYNE NC 28429 RIFFLE GREGORY ETAL 3206 SKY CT CASTLE HAYNE NC 28429 ROBINSON RYNEE D 2165 BLUE BONNET CIR CASTLE HAYNE NC 28429 RODRIGUEZ THERESA P 3205 S WOOLWITCH CT CASTLE HAYNE NC 28429 ROSNEY MICHAEL MICHAELA 1304 ROOSTER CT CASTLE HAYNE NC 28429 RUDOLPH LARRY M KRISTI 3210 WHITEWOOD WAY CASTLE HAYNE NC 28429 RUSSELL CHRISTINA W 2131 BLUE BONNET CIR CASTLE HAYNE NC 28429 SCOTT GARY L 3216 GALWAY RD CASTLE HAYNE NC 28429 SIMMONS TROY M ETAL 2116 BLUE BONNET CIR CASTLE HAYNE NC 28429 SMITH RICHARD K HEIRS 3200 SKY CT CASTLE HAYNE NC 28429 SMITH TERRY L JR 3209 SKY CT CASTLE HAYNE NC 28429 SOPER ERICA A 2142 BLUE BONNET CIR CASTLE HAYNE NC 28429 Planning Board - January 4, 2024 ITEM: 3 - 7 - 17 STEVENS HILLARY P D ERIC M 1257 BIG FIELD DR CASTLE HAYNE NC 28429 STRICKLAND GAIL W 3218 S WOOLWITCH CT CASTLE HAYNE NC 28429 SUITS DANIEL CRAIG SUSAN C 3213 S WOOLWITCH CT CASTLE HAYNE NC 28429 TARR WILLIAM W PATRICIA R 1249 BIG FIELD DR CASTLE HAYNE NC 28429 TENNANT LINDA R 3206 WHITEWOOD WAY CASTLE HAYNE NC 28429 THOMPSON ASHLEY E 3214 S WOOLWITCH CT CASTLE HAYNE NC 28429 THOMPSON CONNIE K ETAL 3202 WHITEWOOD WAY CASTLE HAYNE NC 28429 THOMPSON ERNEST LOTOYA BATTLE 2161 BLUE BONNET CIR CASTLE HAYNE NC 28429 THOMPSON JEROD LEE JESSICA 3220 ALEX TRASK DR CASTLE HAYNE NC 28429 THOMPSON PATRICIA S 1237 BIG FIELD DR CASTLE HAYNE NC 28429 THORNE KELLY A MICHAEL B 1261 BIG FIELD DR CASTLE HAYNE NC 28429 TOMORI STEPHEN M TAYLOR 2169 BLUE BONNET CIR CASTLE HAYNE NC 28429 TRASCO INC 6336 OLEANDER DR STE 1 WILMINGTON NC 28403 VASCONEZ ALEXIS N 2127 BLUE BONNET CIR CASTLE HAYNE NC 28429 WELLS CALEB T 3221 WOOLWITCH CT CASTLE HAYNE NC 28429 WILLIAMS ANTHONY 3200 WHITEWOOD WAY CASTLE HAYNE NC 28429 WOODCOCK JOSEPH F PO BOX 10335 DES MOINES IA 50306 WORRELL KATRYN H 608 LATTICE CT CASTLE HAYNE NC 28429 ZELL WILLIAM G JENNIFER L 3212 ALEX TRASK DR CASTLE HAYNE NC 28429 ZINN BARON V 610 LATTICE CT CASTLE HAYNE NC 28429 Planning Board - January 4, 2024 ITEM: 3 - 7 - 18 August 11, 2023 To: Adjacent Property Owners This is a notice of a community information meeting for an upcoming rezoning request on behalf of New Beginning Christian Church, property owner. The rezoning request would be from (CZD) R-5, a residential district with an approved concept plan for 68 homes, to (CZD) RMF-17, a multi-family conditional district, for development of up to 180 homes. 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, in the 3100-block of Blue Clay Road, is approximately 10.95 acres. The New Hanover County parcel number (PIN) is 322020.91.7300, and tax identification (PID) is R03300- 002-002-000. 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 the specific use and the proposed site improvements of an approved petition can be developed. A meeting will be held on Wednesday, August 23th, 6:00 p.m., at the New Beginning Christian Church, 3120 Alex Trask Dr., Castle Hayne. 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. The New Beginning Christian Church continues to work towards the final stage of their community development efforts. This section of the residential community would be oriented towards families. The Senior neighborhood phase, along Holland Drive, has recently started construction. They appreciate your interest and look forward to continuing to be a good neighbor and an asset to the community. Planning Board - January 4, 2024 ITEM: 3 - 7 - 19 Planning Board - January 4, 2024 ITEM: 3 - 7 - 20 The Covenant Family Community Development by: in association with Planning Board - January 4, 2024 ITEM: 3 - 7 - 21 Planning Board - January 4, 2024 ITEM: 3 - 7 - 22 Covenant Senior (Under Construction) Covenant Family (Proposed) Planning Board - January 4, 2024 ITEM: 3 - 7 - 23 Planning Board - January 4, 2024 ITEM: 3 - 7 - 24 Planning Board - January 4, 2024 ITEM: 3 - 7 - 25 Proposed (CZD) RMF-17 10.95 acres / 180 Units = 16.4 Units per acre Planning Board - January 4, 2024 ITEM: 3 - 7 - 26 Inter-connectivity to the currently stubbed private right-of-way required. Intersection will be gated with “knox-box” override system that allows emergency vehicles to access it efficiently with siren controls. Planning Board - January 4, 2024 ITEM: 3 - 7 - 27 Planning Board - January 4, 2024 ITEM: 3 - 7 - 28 Planning Board - January 4, 2024 ITEM: 3 - 7 - 29 Concept Plan Planning Board - January 4, 2024 ITEM: 3 - 8 - 1 Planning Board - January 4, 2024 ITEM: 3 - 9 - 1 Public Comments In Support 0 Neutral 0 In Opposition 5 Planning Board - January 4, 2024 ITEM: 3 - 10 - 1 1 Farrell, Robert From:noreply@civicplus.com Sent:Thursday, December 28, 2023 1:16 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #8063 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Stephen Last Name Tomori Address 2169 Blue Bonnet Circle City Castle Hayne State North Carolina Zip Code 28429 Email Steve@KindredSpiritsCSG.com Please select the case for comment. PB Meeting - Z23- 25 - Covenant II - 3100 block of Blue Clay Rd What is the nature of your comment? Oppose project Public Comment The idea of putting 180 dwelling units in such a small space is ridiculous. Castle Hayne does not have the infrastructure to support this manner of project. There aren't enough resources like stores, not to mention roads and schools. The original proposed plan of 68 townhomes is much better suited to the neighborhoods surrounding this proposed project. There has already been an increase in traffic due to all of the additional housing that has been added to Sidbury road. The Planning Board - January 4, 2024 ITEM: 3 - 10 - 2 2 rampant construction of new apartment complexes is something that is plaguing this area and is clearly a means to extract as much money from the local area without any concern for the effect this has on people that have set down roots in the area. Please keep this a 68 unit project vs a 180 unit. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Planning Board - January 4, 2024 ITEM: 3 - 10 - 3 3 Farrell, Robert From:noreply@civicplus.com Sent:Thursday, December 28, 2023 12:24 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #8060 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Katherine Last Name Hedrick Address 604 Carver Court City Castle Hayne State NC Zip Code 28429 Email Reikikat368@gmail.com Please select the case for comment. PB Meeting - Z23- 25 - Covenant II - 3100 block of Blue Clay Rd What is the nature of your comment? Oppose project Public Comment Questions: 1. How will this affect my property tax? 2. How will this affect the value of my home? 3. Is this consider "section 8" / affordable housing? If so, what is the vetting process for residence? 4. How much traffic on Alex Trask will increase? With increased traffic, is there a plan for road resurfacing and/or restructuring, and speed bumps? 5. How will this affect drainage and run-off that goes through Planning Board - January 4, 2024 ITEM: 3 - 10 - 4 4 my backyard? 6. How will this affect water and sewage in the neighborhood? Kind regards, Katherine Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Planning Board - January 4, 2024 ITEM: 3 - 10 - 5 5 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, December 27, 2023 9:36 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #8053 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Hillary Last Name Stevens Address 1257 Big Field Dr City Castle Hayne State NC Zip Code 28429 Email Field not completed. Please select the case for comment. PB Meeting - Z23- 25 - Covenant II - 3100 block of Blue Clay Rd What is the nature of your comment? Oppose project Public Comment I oppose the above project. The area that these apartments are intended does not support the amount of individuals that would be coming into the area. There is not enough infrastructure in the community’s businesses now does this neighborhood want that many individuals backing up to our homes. Upload supporting files Planning Board - January 4, 2024 ITEM: 3 - 10 - 6 7 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, December 27, 2023 7:14 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #8051 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Joan Last Name Farrell Address 2124 Blue Bonnet Circle City Castle Hayne State NC Zip Code 24829 Email Joan.m.hewitt@gmail.com Please select the case for comment. PB Meeting - Z23- 25 - Covenant II - 3100 block of Blue Clay Rd What is the nature of your comment? Oppose project Public Comment I would like to state my opposition to the proposed zoning change. The project would significantly change the character of the neighborhood. Since attending the informational meeting, I’ve taken note of the three story apartment complexes around New Hanover County. I’m unaware of any that exist directly between two established neighborhoods in such close proximity. A three story complex is on College Road across from a shopping center and next to a major grocery store. In contrast to the College Road complex and other appropriately Planning Board - January 4, 2024 ITEM: 3 - 10 - 7 8 placed three story apartments, the Covenant Project would not be directly accessed from a commercial area. The narrow access road that would serve the 180 units would create a steady flow of traffic less than 60 ft from the small backyards on Blue Bonnet Circle. The three story buildings are proposed to have balconies that will look directly over their neighbor’s yards. The amount of noise created by voices and vehicles would have a negative impact on the quality of life. The roughly ten acres would be covered almost entirely with buildings and parking spaces with very little green space. How many square feet of green space per resident is acceptable? This project was recently rezoned to accommodate two story housing which better fit with the density and character of the neighborhood. The proposed rezoning would create an undesirable housing environment for the two established neighborhoods and will negatively affect the property values. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Planning Board - January 4, 2024 ITEM: 3 - 10 - 8 9 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, December 27, 2023 4:55 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #8049 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Shelby Last Name Coelho Address 2244 blue bonnet circle City Castle hayne State NC Zip Code 28429 Email Shelbyecoelho@gmail.com Please select the case for comment. PB Meeting - Z23- 25 - Covenant II - 3100 block of Blue Clay Rd What is the nature of your comment? Oppose project Public Comment This area is not set up to handle that much of an increase in residents. We don’t have the public transit set up to service apartments in that location. It would make much more sense for apartments to be closer to food lion or Lowes, as most apartment residents would need or prefer grocery stores and bus stops within walking distance. Town homes make much more sense in this particular block, surrounded by all of these houses. Planning Board - January 4, 2024 ITEM: 3 - 10 - 9 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 1/4/2024 Regular DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director SUBJECT: Preliminary Forum Special Use Permit Request (S23-05) - Request by Joseph Taylor, Jr. with Murchison, Taylor, & Gibson, PLLC, applicant, on behalf of 421 Sand Mine, LLC, property owner for the use of High Intensity Mining and Quarrying on approximately 144 acres of an approximately 586-acre parcel located at the 5700 block of Highway 421 N, zoned I- 2, Heavy Industrial. BRIEF SUMMARY: The applicant is reques!ng a special use permit to operate an approximately 144-acre high intensity sand mine on a parcel located off Highway 421 just south of the Pender County line adjacent to an exis!ng sand mine. The concept plan includes a 50-foot-wide buffer around the perimeter of the mine with an addi!onal 25-foot vegeta!ve buffer along Highway 421 and the northern property line. The Unified Development Ordinance allows high intensity mines and quarries in the I-2 district with approval of an Intensive Industry Special Use Permit. Special use permits are required for intensive industries in order to evaluate site specific condi!ons of a project and allow addi!onal public review. Community informa!on mee!ngs are required for Intensive Industry Special Use Permits prior to submi3ng an applica!on. The applicant held a community informa!on mee!ng on Tuesday, November 14, 2023. The project proposes full access onto Highway 421, a NCDOT state highway through the exis!ng driveway access at the neighboring 421 Sand Mine. As currently zoned, it is es!mated the site would generate approximately 119 AM and 119 PM peak hour trips. While specific engineering metrics do not exist to es!mate traffic genera!on at a sand mine, the applicant has provided es!mates that the proposed use would result in approximately 44 AM and 7 PM peak hour trips, decreasing the es!mated number of peak hour trips by approximately -75 AM and -112 PM. The es!mated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). The 2016 Comprehensive Plan classifies the subject project area as Commerce Zone. The Commerce Zone place type focuses on providing areas for employment and produc!on hubs, predominately composed of light and heavy industrial uses, though office and complementary commercial uses are also allowed. Densi!es are dependent, in part, on the type of industry, and residen!al uses are discouraged. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning Board - January 4, 2024 ITEM: 4 As this is a preliminary forum the Planning Board does not make a decision or recommenda!on on special use permits. The board is requested to hear the presenta!ons of staff, the applicant, and the public to facilitate an open and transparent discussion of the special use permit applica!on. Ques!ons and comments related to the following topics are encouraged: - Components of the proposal that are not clear or where addi!onal informa!on is needed in order to understand the project, - Advice to the applicant on the presenta!on they will be making to the Board of Commissioners mee!ng, - Advice to the par!es speaking in opposi!on on what they may want to consider when preparing for the Board of Commissioners mee!ng, and - Advice for both par!es on poten!al issues that should be addressed before the public hearing. ATTACHMENTS: Descrip!on S23-05 PB Script S23-05 Zoning Map S23-05 Future Land Use Map S23-05 Mailout Map S23-05 Application Cover Sheet S23-05 Application S23-05 Concept Plan Coversheet S23-05 Concept Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - January 4, 2024 ITEM: 4 SCRIPT for SPECIAL USE PERMIT Application PRELIMINARY FORUM (S23-05) Request by Joseph Taylor, Jr. with Murchison, Taylor, & Gibson, PLLC, applicant, on behalf of 421 Sand Mine, LLC, property owner for the use of High Intensity Mining and Quarrying on approximately 144 acres of an approximately 586-acre parcel located at the 5700 block of Highway 421 N, zoned I- 2, Heavy Industrial. 1. This is a Preliminary Forum. The purpose of this forum is to facilitate an open and transparent discussion of the special use permit application and to provide an opportunity for public comments and questions. Please note per state law, the Planning Board will not be making a decision or recommendation this evening. Instead, the decision on the application will be made during the Board of Commissioners’ quasi-judicial hearing, where public participation will be limited to parties with standing and witnesses providing evidence through sworn testimony. Anyone interested in speaking in support or opposition of the project should sign in and speak tonight at this meeting, regardless of standing in the matter. 2. Staff will introduce the application. Then the applicant will be allowed 15 minutes for their presentation. Following the applicant’s presentation, we will have 20 minutes for public questions and comments, and then allow the applicant time to address them. The Board members will then provide their comments and ask questions of the applicant. At the end, Staff will give an overview of next steps in the special use permit process. We will then close the forum. 3. Conduct forum as follows: a. Staff introduction b. Applicant’ s presentation (up to 15 minutes) c. Public comments and questions (up to 20 minutes – total supporters and opponents) d. Applicant response to public comments and questions. e. Planning Board questions and comments regarding the following items: i. Components of the proposal that are not clear or where additional information is needed in order to understand the project, ii. Advice to the applicant on the presentation they will be making at the Board of Commissioners meeting, iii. Advice to parties speaking in opposition on what they may want to consider when preparing for the Board of Commissioners meeting, and iv. Advice for both parties on potential issues that should be addressed prior to the public hearing. f. Staff overview of next steps and the procedures for the Board of Commissioners meeting. 4. Close the Preliminary Forum. Planning Board - January 4, 2024 ITEM: 4 - 1 - 1 Planning Board - January 4, 2024 ITEM: 4 - 2 - 1 Planning Board - January 4, 2024 ITEM: 4 - 3 - 1 Planning Board - January 4, 2024 ITEM: 4 - 4 - 1 Initial Application Documents & Materials Planning Board - January 4, 2024 ITEM: 4 - 5 - 1 Planning Board - January 4, 2024 ITEM: 4 - 6 - 1 Planning Board - January 4, 2024 ITEM: 4 - 6 - 2 Planning Board - January 4, 2024 ITEM: 4 - 6 - 3 Planning Board - January 4, 2024 ITEM: 4 - 6 - 4 Planning Board - January 4, 2024 ITEM: 4 - 6 - 5 Planning Board - January 4, 2024 ITEM: 4 - 6 - 6 Planning Board - January 4, 2024 ITEM: 4 - 6 - 7 Planning Board - January 4, 2024 ITEM: 4 - 6 - 8 Planning Board - January 4, 2024 ITEM: 4 - 6 - 9 #360770.3 Public Utility Authority and the Lower Cape Fear Water & Sewer Authority, so they can confirm the plans for any new sand mining operations will not adversely affect the existing waterline(s) located on the subject property. 5. TRAFFIC IMPACT The ITE Trip Generation manual does not contain a land use code for Mining Operations. This proposal is for an expansion of an existing sand mine to help sustain the current level of available material. The day-to-day production and operation will remain the same, therefore no additional trips are expected to be generated by this expansion. Furthermore, in reviewing the current operational data from the sand mine, the trips generated are estimated to be well below the 100 peak hour trip threshold for a traffic study. Considering all the above, a TIA is not applicable for this proposal. 6. CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT 1. The use will not materially endanger the public health or safety if located where proposed and approved. The existing sand mine located on the adjacent property has been mined responsibly for years without endangering public health or safety. Because the subject property will be an extension of the existing mine, there will be no additional adverse effects to the area's water or air. The access to U.S. Hwy. 421 will be the same as the existing mine, no new curb cuts are required, and no additional traffic impact is anticipated. Any dewatering efforts, if necessary, will be accomplished by pumping to an existing pit either on site or on the adjacent property, with no expected discharge. All necessary state permits regarding soil erosion and sedimentation have been or will be obtained. Utilities and services will be connected to the existing mine on the adjacent property. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. The use satisfies all conditions specified in the Zoning Ordinance, including the Section 4.3.5(C)(1) specifications applicable to high intensity mining. The lot size is well over one acre. All mining operations will be located more than 100 feet from any property line during dewatering (if any), although sand slurry and water may be moved from the subject property to the adjacent parcel with the existing operation site, and back again. The property is not classified as aquifer resource protection or watershed resource protection on the 2006 CAMA Land Classification Map. Any required state permits have been or will be obtained prior to commencement of the mining. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. The project aligns with the character of the immediate area. The use will not injure the value of adjoining property because those properties also are either engaged in and/or zoned for heavy industrial uses. This is not a new sand mine, but instead only an extension of the existing sand mine. The value of the surrounding property has not been harmed by the longtime operation Planning Board - January 4, 2024 ITEM: 4 - 6 - 10 Planning Board - January 4, 2024 ITEM: 4 - 6 - 11 Planning Board - January 4, 2024 ITEM: 4 - 6 - 12 Planning Board - January 4, 2024 ITEM: 4 - 6 - 13 Planning Board - January 4, 2024 ITEM: 4 - 6 - 14 Planning Board - January 4, 2024 ITEM: 4 - 6 - 15 Planning Board - January 4, 2024 ITEM: 4 - 6 - 16 Planning Board - January 4, 2024 ITEM: 4 - 6 - 17 Planning Board - January 4, 2024 ITEM: 4 - 6 - 18 Planning Board - January 4, 2024 ITEM: 4 - 6 - 19 Planning Board - January 4, 2024 ITEM: 4 - 6 - 20 Planning Board - January 4, 2024 ITEM: 4 - 6 - 21 Planning Board - January 4, 2024 ITEM: 4 - 6 - 22 Planning Board - January 4, 2024 ITEM: 4 - 6 - 23 Planning Board - January 4, 2024 ITEM: 4 - 6 - 24 Planning Board - January 4, 2024 ITEM: 4 - 6 - 25 Planning Board - January 4, 2024 ITEM: 4 - 6 - 26 Planning Board - January 4, 2024 ITEM: 4 - 6 - 27 Planning Board - January 4, 2024 ITEM: 4 - 6 - 28 Planning Board - January 4, 2024 ITEM: 4 - 6 - 29 Planning Board - January 4, 2024 ITEM: 4 - 6 - 30 Planning Board - January 4, 2024 ITEM: 4 - 6 - 31 Planning Board - January 4, 2024 ITEM: 4 - 6 - 32 Planning Board - January 4, 2024 ITEM: 4 - 6 - 33 Planning Board - January 4, 2024 ITEM: 4 - 6 - 34 Planning Board - January 4, 2024 ITEM: 4 - 6 - 35 Planning Board - January 4, 2024 ITEM: 4 - 6 - 36 Planning Board - January 4, 2024 ITEM: 4 - 6 - 37 Planning Board - January 4, 2024 ITEM: 4 - 6 - 38 Planning Board - January 4, 2024 ITEM: 4 - 6 - 39 1 Farrell, Robert From:Joseph O. Taylor <jtaylor@murchisontaylor.com> Sent:Wednesday, December 20, 2023 10:08 AM To:Scott M. Holmes; Caleb M. Rash Subject:FW: water line exhibit Attachments:WATER LINE CROSSINGS.kmz; EXISTING WATER LINE CROSSING EXHIBIT.pdf From: Greg Wayne <gwayne@hdsilm.com> Sent: Wednesday, December 20, 2023 9:45 AM To: Joseph O. Taylor <jtaylor@murchisontaylor.com> Cc: jearp@brunswickforest.com Subject: water line exhibit Joe, aƩached is an exhibit that idenƟfies a porƟon of the raw water line route. There are hundreds of crossings along Hwy. 421 accessing all of the various businesses, etc. The waterline appears to be within the right of way along 421, but drives have been and will be constructed over the line in the future. I’ve also idenƟfied various crossings on the Brunswick County side of the river. A “kmz” file is also aƩached. If you have google earth on your computer and double click the file it will launch google showing the water line. It may or may not be helpful. Let me know if you need any changes, etc. thanks Greg A. Wayne, PLS Hanover Design Services, PA Land Surveyors, Engineers, Land Planners 1123 Floral Parkway Wilmington, N.C. 28403 Phone : 910-343-8002 Fax: 910-343-9941 This message (including any attachments) may contain confidential client information. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the addressee or the employee or agent responsible to deliver this mail to its intended recipient, you are hereby notified that any review, use, dissemination, distribution, disclosure, copying or taking any action in reliance on the contents of this information is strictly prohibited. Planning Board - January 4, 2024 ITEM: 4 - 6 - 40 Planning Board - January 4, 2024 ITEM: 4 - 6 - 41 Planning Board - January 4, 2024 ITEM: 4 - 6 - 42 1 Farrell, Robert From:Caleb M. Rash <crash@murchisontaylor.com> Sent:Wednesday, December 20, 2023 2:52 PM To:Farrell, Robert Cc:Joseph O. Taylor; Scott M. Holmes Subject:FW: US 421 Raw Water Main Attachments:FW: water line exhibit; WATER LINE EXHIBIT 12-19-23.pdf ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Robert, Included with this message are the following items regarding the 421 Sand Mine SUP application and discussions related to the waterline:  Attached exhibit showing the waterline easement crossing design mutually agreed upon by the engineers for the property owner (Hanover Design Services) and LCFWSA (McKim & Creed). The correspondence below provides further detail on the discussions between the engineers and our message to the CFPUA director. The parties would like this exhibit to be part of the SUP.  Attached email with exhibits showing the waterline along Hwy 421 and on the Brunswick County side. As the comments from our engineer indicate in that email, there are many existing crossings over that waterline. Of course, there will be no active mining near the waterline, only a single crossing fortified to prevent any risk to the waterline. The property owner and LCFWSA (the owner of the waterline and easement) have agreed to yearly inspections of the crossing by the engineers as a condition to the SUP. Thanks, Caleb Caleb M. Rash Attorney CRash@murchisontaylor.com 16 N. Fifth Avenue Wilmington, NC 28401 Phone: 910-763-2426 ext. 141 Direct: 910-218-7238 Facsimile: 910-763-6561 www.murchisontaylor.com CONFIDENTIALITY NOTICE: The informaƟon contained in this message is legally privileged and confidenƟal informaƟon intended only for the use of the named recipient. If the reader of this message is not the intended recipient, you are hereby noƟfied that any review, retransmission, disseminaƟon or other use of, or taking any acƟon in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please noƟfy us immediately by return e-mail, delete all copies of this e-mail from all computers, and destroy any printed copies of this e-mail. From: Joseph O. Taylor <jtaylor@murchisontaylor.com> Sent: Wednesday, December 20, 2023 11:59 AM To: Kenneth.Waldroup@cfpua.org Cc: Scott M. Holmes <sholmes@murchisontaylor.com>; Caleb M. Rash <crash@murchisontaylor.com>; jearp@brunswickforest.com Subject: US 421 Raw Water Main Planning Board - January 4, 2024 ITEM: 4 - 6 - 43 2 Ken, Thank you for attending our community meeting for the 421 Sand LLC SUP request. As discussed at the meeting the engineering firms for the parties have agreed to a waterline crossing design, the final version of which we received this morning. Please see the attached exhibit detailing the waterline crossing mutually agreed upon by the engineering firms McKim & Creed and Hanover Design Services. As stated in the email below, we would also like the Waterline Crossing Exhibit to be part of the SUP. As we have discussed with Matt Nichols, we are willing to agree to a yearly inspection of the crossing by the engineers as being part of the SUP. Please give us any additional comments you may have upon review. Joe From: Tony Boahn <TBOAHN@mckimcreed.com> Sent: Wednesday, December 20, 2023 7:45 AM To: Greg Wayne <gwayne@hdsilm.com> Cc: Adam Grady <agrady@hdsilm.com> Subject: RE: US 421 Raw Water Main Greg – good morning. I think this all looks good and will recommend to the LCFWSA that I am in agreement with the changes made. I understand the aƩorney’s are discussing this and the LCFWSA aƩorney would like for this updated drawing to be included in the SUP applicaƟon package so it can all move forward without any objecƟons from them. I appreciate you working with us on this – if you have any quesƟons, just let me know. Thanks Tony *Please note address change to 16 North Fifth Avenue. <image001.jpg> Joseph O. Taylor, Jr. AƩorney at Law For vCard, click here. jtaylor@murchisontaylor.com 16 North FiŌh Avenue* Wilmington, NC 28401-4537 Direct: 910-218-7223 Phone: 910-763-2426 ext. 132 Facsimile: 910-763-3046 www.murchisontaylor.com *Our downtown office is located in the historic Knohl House, built circa 1860 in a Greek Revival style, and located near the Bellamy Mansion in Historic Downtown Wilmington, N.C. CONFIDENTIALITY NOTICE: The informaƟon contained in this message is legally privileged and confidenƟal informaƟon intended only for the use of the named recipient. If the reader of this message is not the intended recipient, you are hereby noƟfied that any review, retransmission, disseminaƟon or other use of, or taking any acƟon in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please noƟfy us immediately by return e-mail, delete all copies of this e-mail from all computers, and destroy any printed copies of this e-mail. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax advice contained in this communicaƟon (including any aƩachments) was not intended or wriƩen to be used, and cannot be used by any taxpayer, for the purpose of (i) avoiding tax-related penalƟes that may be imposed on the taxpayer, or (ii) promoƟng, markeƟng or recommending to another party any tax-related maƩer addressed herein. Planning Board - January 4, 2024 ITEM: 4 - 6 - 44 Concept Plan Planning Board - January 4, 2024 ITEM: 4 - 7 - 1 Planning Board - January 4, 2024 ITEM: 4 - 8 - 1 Planning Board - January 4, 2024 ITEM: 4 - 8 - 2