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HomeMy WebLinkAbout07-11-24 PB Agenda Packet NEW HANOVER COUNTY PLANNING BOARD AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC 28401 Members of the Board Jeffrey P Petroff, Chair |Donna Girardot, Vice-Chair Paul Boney|Hansen Ma'hews |Jeffrey Stokley Jr. | H. Allen Pope |Colin J. Tarrant Rebekah Roth, Director| Ken Vafier, Planning Manager JULY 11, 2024 5:00 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 Request by New Hanover County Planning & Land Use to amend the 2016 Comprehensive Plan to incorporate updated guidance for the development of the Western Bank of the Cape Fear and Northeast Cape Fear Rivers 2 Public Hearing Request by Adam Sosne with Brightwater Development Company, applicant, on behalf of MHMJ, LLC, property owner, to rezone approximately 12.68 acres zoned Condi?onal RMF-M, Residen?al Mul?-Family - Moderate Density located at 5322 Carolina Beach Road to a new (CZD) RMF-M district for a maximum 133 aCached single-family dwelling units. 3 Public Hearing - NOTE: The applicant has requested this item be con7nued to the August 1, 2024 Planning Board mee7ng. Request by Brandy Hatcher with Grace Walk Inc, applicant and property owner, to rezone approximately one acre located at 6760 Carolina Beach Road from the R-15, Residen?al District to the R-5, Residen?al Moderate-High Density District for four new single family detached dwelling units. 4 Preliminary Forum Special Use Permit Request (S24-02 - Seabreeze Single Family Dwelling) – Request by Nathan Christy with Future Homes, applicant, on behalf of Terrilyn and Celecia Phillips, property owners, for a Special Use Permit for the use of Single-Family Detached Dwelling in a B-2, Regional Business district on a 0.19-acre parcel of land located at 1029 S. Seabreeze Road. 5 Announcements Planning Board - July 11, 2024 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 7/11/2024 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Director of Planning & Land Use CONTACT(S): Rebekah Roth SUBJECT: Public Hearing Request by New Hanover County Planning & Land Use to amend the 2016 Comprehensive Plan to incorporate updated guidance for the development of the Western Bank of the Cape Fear and Northeast Cape Fear Rivers BRIEF SUMMARY: This amendment is proposed because over the past several years, the Board of Commissioners and staff have been conduc"ng a series of studies in response to new informa"on and research indica"ng that the Western Bank area of New Hanover County is more suscep"ble to flooding than was known at the "me the 2016 Comprehensive Plan was adopted. This plan currently classifies this area as Urban Mixed Use, the County's highest intensity place type or land development pa1ern, and the Commissioners have directed staff to change this classifica"on to reduce poten"al risks and public costs related to future development. The plan amendment is comprised of several components, including a new place type, with associated recommended uses and development intensi"es, designed specifically for the Western Bank proper"es; an update of the Future Land Use map to apply that place type; and implementa"on guidelines to guide future ini"a"ves and regula"ons. In addi"on, the amendment includes exis"ng condi"ons informa"on and guidelines for resiliency features that supplement and expand on the place type recommenda"ons and will be added to the plan as an appendix. The amendment does not in itself modify the use permissions or development standards for any of the Western Bank proper"es. Instead, the proposed plan amendment has three primary goals: (1) ar"cula"ng the County's vision for future development in this area so that property owners and the community have a common understanding; (2) outlining key considera"on for land use in the Western Bank for use in making decisions about development regula"on, project applica"ons, and community investments; and (3) iden"fying the future condi"ons that would trigger a reconsidera"on of these policies. Amending the plan would be the first step in adjus"ng the current policies and provisions for land use in this area, as the Comprehensive Plan is the guiding policy that informs implementa"on strategies, such as changes to development regula"ons, modifica"ons of zoning, government programs, and capital project funding. An ini"al dra< of the amendment was released for public comments on Friday, June 7, 2024. All comments provided by noon on June 28 were considered by staff as the amendment was revised ahead of Planning Board considera"on. During the three-week public comment period, staff was sent 2,543 public comment emails. The majority of the emails were sent via an Ac"on Alert portal used by a number of local organiza"ons and advocacy groups. Staff also received 165 unique emails. Almost all commenters were opposed to poten"al development of the Western Bank, ci"ng concerns related to flooding, the impact on downtown Wilmington and area historic and cultural resources, and the long-term costs and implica"ons for the public. Staff did receive a handful of comments suppor"ve Planning Board - July 11, 2024 ITEM: 1 of poten"al development in the area, some of which stated concerns that the amendment's recommenda"ons regarding uses and building height would limit that. Themes and concerns from the comments are summarized in the a1ached Public Comment Response document, along with staff responses to how they were considered in prepara"on of the Planning Board Public Hearing dra< of the amendment. STRATEGIC PLAN ALIGNMENT: Sustainable Land Use & Environmental StewardshipNatural areas and cri"cal environmental features are enhanced and protected.Ensure development compliments natural features. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following mo"on: I move to RECOMMEND APPROVAL of the proposed Western Bank Amendment to the 2016 Comprehensive Plan. I find it CONSISTENT with the purposes and intent of the plan because it includes provisions to support the plan's goals of promo"ng fiscally responsible growth, conserving and enhancing our unique sense of place, promo"ng place-based economic development, promo"ng environmentally responsible growth, and conserving environmentally cri"cal areas. I also find RECOMMENDING APPROVAL of the proposed amendment is reasonable and in the public interest because it clarifies for readers of the plan the environmental constraints on the property in this unique area and the minimum public expecta"ons for development related to project resiliency, public costs, and impacts to other proper"es, including downtown Wilmington and the U.S.S. Ba1leship. ATTACHMENTS: Descrip"on Script - Western Bank Staff Report - Western Bank Summary Sheet - Western Bank Planning Board Public Hearing Draft - Western Bank Inset Map - Proposed Future Land Use Map Response to Public Comments - Western Bank Public Comments - Public Comment Period Public Comments - After Public Comment Period COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - July 11, 2024 ITEM: 1 SCRIPT for Comprehensive Plan Update Western Bank Amendment Public Hearing Request by New Hanover County to amend the New Hanover County 2016 Comprehensive Plan to incorporate an appendix for residential densities and infill development policies. 1. This is a public hearing. We will hear a presentation from staff. Then any supporters and any opponents will each be allowed 15 minutes for their presentation. Staff will be allowed to respond to questions and concerns before opponents have an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Supporter’s Presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Staff’s response to questions and concerns (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) 3. Close the public hearing. 4. Board discussion 5. Vote on amendment. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the text amendment request is reasonable and in the public interest. Example Motion for Approval: I move to RECOMMEND APPROVAL of the proposed Western Bank Amendment to the 2016 Comprehensive Plan. I find it CONSISTENT with the purposes and intent of the plan because it includes provisions to support the plan’s goals of promoting fiscally responsible growth, conserving and enhancing our unique sense of place, promoting place-based economic development, promoting environmentally responsible growth, and conserving environmentally critical areas. I also find RECOMMENDING APPROVAL of the proposed amendment is reasonable and in the public interest because it clarifies for readers of the plan the environmental constraints on the property in this unique area and the minimum public expectations for development related to project resiliency, public costs, and impacts to other properties, including downtown Wilmington and the U.S.S. Battleship. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County 2016 Comprehensive Plan. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] ______________________________________________________________________________ ______________________________________________________________________________ I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] ______________________________________________________________________________ ______________________________________________________________________________ Planning Board - July 11, 2024 ITEM: 1 - 1 - 1 1 STAFF REPORT FOR WESTERN BANK COMPREHENSIVE PLAN AMENDMENT APPLICATION SUMMARY Case Name: Western Bank Comprehensive Plan Amendment Request: To amend the 2016 Comprehensive Plan to incorporate updated guidance for the development of the Western Bank of the Cape Fear and Northeast Cape Fear Rivers Applicant: Subject Document: New Hanover County 2016 Comprehensive Plan Purpose & Intent In recent years, parcels along the Western Bank of the Cape Fear River have been the subject of two major development proposals. These requests were met by sizable community concern related to the impact of future development in this area. Changing conditions and new research have raised questions about the future land use for properties on the Western Bank, leading to a series of public work sessions and a planning study of the area to establish a direction for refining the 2016 Comprehensive Plan’s vision and identifying the steps necessary to support it. Purposes include:  Implementing the recommendations of the Western Bank Study presented to the Board of Commissioners in October 2023 regarding the use, form, and scale of any potential development  Replacing the current Urban Mixed Use place type classification for Western Bank parcels with policies specific to this riverfront area with its unique location, environmental hazards, and history  Identifying implementation strategies that would mitigate flooding risk in this area  Articulating the environmental constraints on the properties that could impact future development and land use for landowners, developers, and community residents BACKGROUND Due to its proximity to the Cape Fear and Northeast Cape Fear Rivers, the Western Bank across from downtown Wilmington has long been an important cultural and economic hub with a history of rice production, rice milling, industrial warehousing and storage, ship building, and ship repair. Today, when someone looks across the river from downtown Wilmington, they may see a lot of marsh land. These marshes do not include all of the Western Bank, however, and are not the focus of this amendment. The majority of the policies under consideration would apply to the small number of land parcels within New Hanover County’s jurisdiction (roughly 91 acres total), most of which are current or former industrial sites, excepting the U.S.S. Battleship North Carolina. When the 2016 Comprehensive Plan was adopted, it incorporated recommendations for this area that sought to transform it from former industrial sites to a revitalized mirror of downtown Wilmington. That vision was established in the late 1990s and early 2000s and resulted in the Planning Board - July 11, 2024 ITEM: 1 - 2 - 1 2 development of a Riverfront Mixed Use zoning district designed specifically for the area after months of work from both County and City staff and several public meetings. As a result, this area was classified as Urban Mixed Use in the 2016 Plan, the highest intensity place type or development pattern outlined. In recent years, parcels along the Western Bank of the Cape Fear River have been the subject of two major development proposals. These requests were met by sizable community concern related to the impact of future development in this area. Changing conditions and new research have raised questions about the future land use for properties on the Western Bank, leading to a series of public work sessions and a planning study of the area to establish a direction for refining the 2016 Comprehensive Plan’s vision and identifying the steps necessary to support it. The planning study, the Western Bank Study, was presented to the Board of Commissioners in October 2023 and included staff recommendations to amend the Comprehensive Plan to: - Refine the current Urban Mixed Use place type to include policies specific to this riverfront area. Staff initially anticipated establishing a riverfront development tier—the guidelines for use, intensity, form, landscaping, public amenities/open space, and regulatory review—that was in line with those established in the Riverfront Mixed Use district mentioned above. The intent was to clarify expectations for what development that mirrored downtown Wilmington would actually look like given the very different land conditions and to outline any limits on public investment. - Identify implementation strategies related to development agreements and brownfields programs that would mitigate the risk in this area regardless of development intensity. - Articulate the environmental constraints on the properties that could impact future development and land use so they are as clear as possible to landowners, developers, and community residents. - Outline monitoring studies and trigger points for reconsideration of policies and standards to allow the County to adapt to changing conditions while still clarifying expectations for stakeholders. Board discussion after the presentation brought up concerns that the Riverfront Mixed Use district provisions may not be sufficient at mitigating public risk or the impact on downtown Wilmington. However, Commissioners indicated the continued understanding that as long as properties on the Western Bank remain private property, the County must allow for their reasonable use in a way that provides value for the private property owners. As a result, the Commissioners directed staff to proceed with further developing the recommended amendment outside of the full Comprehensive Plan update so it could be considered before that project’s completion in late 2025. As outlined in the Western Bank Study, the first step to adjusting the current policies and provisions for land use in this area is to amend the plan, as the Comprehensive Plan is the guiding policy document that informs implementation strategies, such as changes to development regulations, modifications of zoning, government programs, and capital project funding. This amendment does not in itself modify the use permissions or development standards for any of the Western Bank properties. Instead, the proposed plan amendment has three primary goals: (1) articulating the County’s vision for future development in this area so that property owners and the community have a common understanding; (2) outlining key considerations for land use in the Western Bank for use in making decisions about development regulations, project applications, and community investments; and (3) identifying the future conditions that would trigger a reconsideration of these policies. Planning Board - July 11, 2024 ITEM: 1 - 2 - 2 3 The plan amendment is comprised of several components, including a new place type, with associated recommended uses and development intensities, designated specifically for the Western Bank properties; an update of the Future Land Use map to apply that place type; and implementation guidelines to guide future initiatives and regulations. In addition, the amendment will include existing conditions information and guidelines for resiliency features that supplement and expand on the place type recommendations and will be added to the plan as an appendix. These plan components are shaped by community input but also take into account land use legal parameters, the practical realities of financing and maintaining development and its required infrastructure, and the role this plan plays under the requirements of the Coastal Area Management Act (CAMA).  Community Input: During the public review process of the text amendment and rezoning request in 2021 that were some of the initial triggers for reconsideration of current land use policy for the Western Bank area, Planning staff received public comments that were almost exclusively opposed to higher intensity development of these properties and its visual impact on downtown Wilmington. The City of Wilmington planning staff have continued to receive public input through the public engagement process for their Greater Downtown Plan that reiterate the community comments received by County planning staff of a desire for little to no development of the Western Bank parcels. In addition, a variety of community stakeholders provided information both during public comment and during the Western Bank work sessions held in 2022 on their concerns regarding the impact of development on natural resources, the long-term impacts of development in areas susceptible to frequent saltwater flooding, the safety of future residents and property owners, and the dedication of public resources to maintain and protect the substantial public and private investments that would be necessary to support development in this area, given the increasing frequency of flood events. The majority of comments received during the public comment period for the initial draft of this amendment reiterated many of these concerns.  Legal Parameters: While the Comprehensive Plan should clearly outline the community’s vision for future development, substantial legal parameters around land use shape those policies as well. For instance, constitutional protections apply to the impact of potential regulations on the use of private property, state land use enabling authorities for local government constrain how policies might be implemented (e.g., local building code requirements that would apply additional regulations to construction techniques in flood hazard areas are not allowed), and a variety of state and federal environmental regulations, not in local control, apply to many of the concerns voiced by citizens and other stakeholders. What this means is that Comprehensive Plan policies that do not include land uses that could provide reasonable value for private land owners or that call for regulatory requirements beyond local authority would not be able to be implemented and could provide a false sense of understanding for document readers.  Practical Realities: Any development in this area does face practical constraints, regardless of the regulatory implications posed by the Comprehensive Plan. The cost for new development in the area would likely be substantial regardless of its scale, would likely require financing, which would consider long-term risks, and would be subject to insurance requirements posed by private institutions. New development would also require additional investments in infrastructure; while costs for this infrastructure could be shifted to the private developer under current policies, it would be maintained by public entities. In addition, Planning Board - July 11, 2024 ITEM: 1 - 2 - 3 4 private property owners have historically looked to government for assistance in protecting their properties in the face of natural hazards. Efforts to limit public risks by shifting them to the private sector do have implications as well. Property owners expect some use of their land, and that use is shaped by the difficulty imposed by regulatory and financing constraints. The likely result of current permissions and potential land use policies is the continuation of existing industrial uses or the lowest cost/highest value land uses allowed per ordinance, regardless of visual impact or contribution to stated goals for this area, such as activation of the space.  CAMA Requirements: The 2016 Comprehensive Plan also serves as the CAMA plan for New Hanover County. As such, in addition to the usual Comprehensive Plan policy guidance, the plan also includes regulatory components for areas such as the Western Bank where Areas of Environmental Concern (AECs) are located. New development and public infrastructure projects can be impacted by Comprehensive Plan policies in ways that development in other parts of the county might not be. Public Comment Period On Friday, June 7, 2024 an initial draft of the amendment was released for public comments. All comments provided by noon on June 28 were considered by staff as the amendment was revised in preparation for Planning Board consideration at their July 11, 2024 meeting. During the three- week public comment period, staff was sent 2,543 public comment emails. The majority of the emails were sent via an Action Alert portal used by a number of local organizations and advocacy groups. They were requesting that all the land on the Western Bank be conserved based on both a desire for greenspace in this area as well as concerns related to ongoing flooding, potential public costs, and the environmental impact, especially on Eagles Island and Point Peter. Staff also received 165 unique emails, most of which were also opposed to any development, though we have received a handful supportive of potential development in the area, some of which stated concerns that the amendment’s recommendations regarding uses and building height would limit that. Themes and concerns from the comments are summarized in the attached Public Comment Response document, along with staff responses to how they were considered in preparation of the Planning Board Public Hearing draft of the amendment. Amendment Components The amendment is comprised of three primary components—(1) a new appendix outlining the context behind the amendment, existing conditions, and the resiliency components necessary for any future development; (2) an update of the Future Land Use Map, which establishes a new place type and extends the Conservation place type to all publicly-owned properties; and (3) implementation strategies tied to specific Comprehensive Plan goals that outline future staff activities and initiatives. Western Bank Appendix Over the course of the past several years, a series of reports and documents have been developed outlining information on the current conditions, environmental constraints and hazards, cultural resources, and regulatory considerations for the Western Bank area. A summary of the key findings Planning Board - July 11, 2024 ITEM: 1 - 2 - 4 5 of this work and the context behind the amendment are described in “A Closer Look at the Western Bank (2024)” and an existing conditions map, which would be included as an appendix to the plan. In addition, new Resiliency Components are outlined for the Western Bank area that are intended to be used in conjunction with the place type recommendations outlined below. Some of these components include considerations for infrastructure, flood proofing of buildings, and additional engineering certifications needed to ensure projects would not be detrimental to other properties. Future Land Use Plan Update The proposed amendment includes a new place type specifically designed for the Western Bank properties. It outlines a vision for the Western Bank area intended to complement downtown Wilmington, activate the space, reduce public risk given current and anticipated flooding, protect natural resources, and allow property owners to use their private property. The uses encouraged in the place type include those that are less susceptible to flooding and provide a public benefit, such as recreational and civic uses. Commercial and temporary uses are also provided for, but this draft of the amendment does remove the mixed use component requested by the Planning Board during an early concept discussion. In consideration of many of the comments received during the public comment period and further conversation with County management, staff is uncertain that the risk for residents would be able to be mitigated even with the additional resiliency components outlined in the amendment. In addition, guidelines on form are included so that structures are complementary to the historic architecture of downtown Wilmington and no taller than the highest point of the U.S.S. North Carolina (120 ft. according to current available data). Projects within the National Register Historic District are recommended to be at the lower end of the height and intensity range outlined. A new place type, which has been renamed Low-Intensity Riverfront to better reflect it’s intent, is applied to all of the privately owned properties currently designated as Urban Mixed Use that front the Cape Fear and/or Northeast Cape Fear Rivers located between the Isabel Holmes Bridge and Cape Fear Memorial Bridge within New Hanover County’s planning jurisdiction. This includes parcels to the west of the Thomas Rhodes Bridge. One parcel located north of Isabel Holmes Bridge, which does not front the river, had also been designated as Urban Mixed Use in 2016. Rather than leave it as the only Urban Mixed Use designation west of the Northeast Cape Fear River, staff is proposing that it be reclassified as Commerce Zone—the place type designation applied to the majority of the Hwy 421 corridor. This would mean that future residential development would no longer be encouraged on the parcel, which is currently the site of a gas station and convenience store. The impacts of the future U-5731 (Isabel Holmes Bridge Flyover) transportation project would make residential development of the site less likely. In addition, during the public comment period, staff received a large number of public comments requesting that the entire area be classified as Conservation. This place type is intended to protect the natural environment, water quality, and wildlife habitats, but it also places limits on development that may be in conflict with local governments’ constraints on prohibiting the use of private property by their owners. Staff would not recommend that this place type be applied to properties under private ownership, but Conservation has been extended to publicly owned parcels and along the riverfront where Coastal Area Management Act (CAMA) Areas of Environmental Concern are likely to be located. Planning Board - July 11, 2024 ITEM: 1 - 2 - 5 6 Implementation Guidelines A key recommendation of the Western Bank Study was that the County would need to do more than modify the Future Land Use Map for this area to address changing conditions and implement desired public elements. As a result, new implementation strategies have been outlined to direct future staff initiatives, including:  Consideration of a riverfront-specific zoning district or districts that would: o Allow for uses less disrupted by frequent flooding and that would ensure structures were resilient to existing hazards, o Support public spaces and establish building design requirements to complement downtown Wilmington’s historic district and the Battleship, o Limit public infrastructure investment and environmental impacts and reduce risk for any potential residents;  Coordination with CFPUA to shift the cost burden for infrastructure maintenance from the public to the private sector where utilities are not currently in place and flood risk is increasing;  Consideration of long-term public infrastructure maintenance costs when making decisions regarding new development;  Consideration of investments in greenways, blueways (identified paths for kayaks and canoes), and trails along the Western Bank;  Exploration of establishing a brownfields program to reduce the impacts of past Western Bank industrial uses on water quality as not all of the properties in this area participate in the state program;  Initiation of a study to monitor water and salinity levels on the Western Bank to inform when adjustments to policies and standards should be made. PROPOSED AMENDMENT The proposed amendment is attached, with language new to the 2016 Comprehensive Plan in red underlined text and revisions based on public comment and additional staff consideration shown with red strikethrough (removed language) or bold blue text (new language). As a note, the pages are in a different order than they were shown in the initial Public Comment Draft so that the background context that explained the place type recommendations and implementation strategies was outlined first. This would not impact the order of information in the final plan amendment. Planning Board - July 11, 2024 ITEM: 1 - 2 - 6 7 STAFF RECOMMENDATION Staff recommends approval and suggests the following motion: I move to RECOMMEND APPROVAL of the proposed Western Bank Amendment to the 2016 Comprehensive Plan. I find it CONSISTENT with the purposes and intent of the plan because it includes provisions to support the plan’s goals of promoting fiscally responsible growth, conserving and enhancing our unique sense of place, promoting place-based economic development, promoting environmentally responsible growth, and conserving environmentally critical areas. I also find RECOMMENDING APPROVAL of the proposed amendment is reasonable and in the public interest because it clarifies for readers of the plan the environmental constraints on the property in this unique area and the minimum public expectations for development related to project resiliency, public costs, and impacts to other properties, including downtown Wilmington and the U.S.S. Battleship. Planning Board - July 11, 2024 ITEM: 1 - 2 - 7 Western Bank (Planning Board Public Hearing Draft) 2016 Comprehensive Plan Amendment Location in Plan Chapter 4: Visualizing the Future Chapter 5: Building the Future Appendix Purpose • To implement the recommendations of the Western Bank Study presented to the Board of Commissioners in October 2023 regarding the use, form, and scale of any potential development given concerns related to flood risk, impact of adjacent properties, view from downtown Wilmington, and long-term public costs. • To replace the current Urban Mixed Use place type classification for Western Bank parcels with policies specific to this riverfront area with its unique location, environmental hazards, and history. • To identify implementation strategies that would mitigate flooding risk in this area. • To articulate the environmental constraints on the properties that could impact future development and land use for landowners, developers, and community residents. Components • Over the course of the past several years, a series of reports and documents have been developed outlining information on the current conditions, environmental constraints and hazards, cultural resources, and regulatory considerations for the Western Bank area. A summary of the key findings of this work and the context behind the amendment are described in “A Closer Look at the Western Bank (2024)” and an existing conditions map, which would be included as an appendix to the plan. (See p. 1-2) • While the goal of the plan amendment is to encourage low impact uses and public purposes, the majority of properties in the Western Bank area are privately owned so County development regulations cannot prohibit their reasonable use. As a result, a new place type that encourages more limited development was created to replace the existing Urban Mixed Use designation for those private properties, and the Conservation place type has been extended to publicly-owned property and areas where Coastal Area Management Act (CAMA) Areas of Environmental Concern are most likely to be located. (See p. 5-6) • The new Low-Intensity Riverfront place type is proposed to be applied to privately owned parcels specifically within the Western Bank area of New Hanover County. It is designed to only encourage uses that complement downtown Wilmington; result in fewer residents and less traffic and impervious surfaces than possible across the river; activate the space; reduce public risk to flooding; protect natural resources; and allow owners to use their private property. The primary focus is on recreational and civic uses and keeping the U.S.S. Battleship the focal point of the viewshed. (See p. 5 and 7) • Commercial development would be allowed in the Low-Intensity Riverfront place type so private property owners can make reasonable use of their property, but guidelines are provided for the design of those developments to address concerns related to increased flooding, the public costs associated with extension of public infrastructure, impacts on other properties, and the viewshed included in the National Register Historic District that covers much of the area. Those parameters are outlined in the cutsheet for the place type and in a new section on Western Bank Resiliency Components. Some of these components include considerations for infrastructure, building elevation, and additional engineering certifications. (See p. 3 and 7) • A key recommendation of the Western Bank Study was that the County would need to do more than modify the Future Land Use Map for this area to address changing conditions and implement desired public elements. As a result, new implementation strategies have been outlined to direct future staff initiatives, including: o Consideration of a riverfront-specific zoning district or districts that would:  Allow for uses less disrupted by frequent flooding and that would ensure structures were resilient to existing hazards (See p. 8)  Support public spaces and establish building design requirements to complement downtown Wilmington’s historic district and the Battleship (See p. 10)  Limit public infrastructure investment and environmental impacts and reduce risk for any potential residents (See p. 13) o Coordination with CFPUA to shift the cost burden for infrastructure maintenance from the public to the private sector where utilities are not currently in place and flood risk is increasing (See p. 9) o Consideration of long-term public infrastructure maintenance costs when making decisions regarding new development (p. 9) o Consideration of investments in greenways, blueways, and trails along the Western Bank (p. 11) o Exploration of establishing a brownfields program to reduce the impacts of past Western Bank industrial uses on water quality as not all of the properties in this area currently participate in the state program (p. 8) o Initiation of a study to monitor water and salinity levels on the Western Bank to inform when adjustments to policies and standards should be made (p. 9) IN RECENT YEARS, PARCELS ALONG THE WESTERN BANK OF THE CAPE FEAR RIVER HAVE BEEN THE SUBJECT OF TWO MAJOR DEVELOPMENT PROPOSALS. THESE REQUESTS WERE MET BY SIZABLE COMMUNITY CONCERN RELATED TO THE IMPACT OF FUTURE DEVELOPMENT IN THIS AREA…CHANGING CONDITIONS AND NEW RESEARCH HAVE RAISED QUESTIONS ABOUT THE FUTURE LAND USE FOR PROPERTIES ON THE WESTERN BANK, LEADING TO A SERIES OF PUBLIC WORK SESSIONS AND A PLANNING STUDY OF THE AREA TO ESTABLISH A DIRECTION FOR REFINING THE 2016 COMPREHENSIVE PLAN’S VISION…AND IDENTIFYING THE STEPS…NECESSARY TO SUPPORT IT. From “A Closer Look at the Western Bank” on p. 1 Planning Board - July 11, 2024 ITEM: 1 - 3 - 1 A CLOSER LOOK AT THE WESTERN BANK (2024) In recent years, parcels along the Western Bank of the Cape Fear River have been the subject of two major development proposals. These requests were met by sizable community concern related to the impact of future development on the character of downtown, natural and cultural resources, and the long-term sustainability of the community. Changing conditions and new research has have raised concerns about the future land use for properties on the Western Bank, leading to a series of public work sessions and a planning study of the area in order to establish a direction for refining the 2016 Comprehensive Plan’s vision for the area, which classified the parcels as Urban Mixed Use, and identifying the steps—through regulations, programs, and investments—necessary to support it. This part of New Hanover County is unique due to its highly visible location across from downtown Wilmington, compound flooding concerns from its position at the junction of two rivers and rising tide levels, the ecology of Eagles Island (which is located primarily in Brunswick County), and its industrial past. While high quality private development is the usual mechanism for redeveloping environmentally contaminated properties, current county policies and regulations are not designed to address potential long-term fiscal and community impacts of new investment in highly floodprone areas. Recommendations for future development in this area may be reconsidered if the rate of flooding changes significantly, new development occurs, or properties currently in private ownership are conserved or dedicated for a public purpose. Currently, land on the Western Bank is zoned primarily for commercial and industrial uses, though many of the parcels are currently vacant. Exceptions include a construction operation and the Old Wilmington Shipyard on the Northern Bank and the U.S.S. North Carolina site on Eagles Island. It is likely that the vacant parcels would qualify as brownfields based on information known about past uses, and at least two parcels are already enrolled in the state brownfields program. While the desire for the Western Bank properties varies by stakeholder, there is has been general agreement that the condition of these properties should not remain industrial brownfields. The County’s general planning approach aims to balance allowing reasonable uses for properties with site-specific practical constraints on development and the impact of function and form on the community as a whole. In response, a new place type, Low-Intensity Downtown Riverfront, was added to the 2016 Comprehensive Plan and applied to privately owned parcels in this area, and the Conservation place type was extended to publicly owned parcels and areas where Coastal Area Management Act (CAMA) Areas of Environmental Concern were most likely to exist. In addition, and new implementation strategies were identified as part of the amendment adding this appendix to the Plan. The Low-Intensity Downtown Riverfront place type, outlined in Chapter 4, works in conjunction with the provisions in this appendix and features low-impact and intensity land uses emphasizes public purposes and uses that complement downtown Wilmington, activate the space, reduce public risk given current and anticipated flooding, protect natural resources, and allow owners to use their private property. It removed the 2016 designation of this land as Urban Mixed Use, the most intensive development pattern outlined for the unincorporated county, which was intended to reflect the development pattern of downtown Wilmington but that did not reflect the area's sensitivety to flooding and infrastructure constraints. In addition, this appendix was added to the Comprehensive Plan to clearly articulate critical existing conditions and resiliency considerations that should be incorporated into any future development or land use planned for this area. PLAN NHC 2016 WESTERN BANK AMENDMENT 2024-07 Planning Board Public Hearing Draft 1 Planning Board - July 11, 2024 ITEM: 1 - 4 - 1 PLAN NHC 2016 WESTERN BANK AMENDMENT Hi s t o r i c & A r c h a e o l o g i c a l R e s o u r c e s 2024-07 Planning Board Public Hearing Draft 2 Planning Board - July 11, 2024 ITEM: 1 - 4 - 2 WESTERN BANK - RESILIENCY COMPONENTS ROADWAYS The roadways leading to the Western Bank parcels are NC- DOT roadways, but private developers would be responsible for upgrades necessary for their projects. To ensure adequate emergency access to structures, roadways and project drives should be elevated a minimum of 2 ft. over current base flood elevation and be designed to facilitate safe vehicle travel and accessibility. More stringent requirements may be required by NCDOT or fire services. PLAN NHC 2016 WESTERN BANK AMENDMENT While many areas of New Hanover County are vulnerable to flooding, the Western Bank is unique as it is subject to regular sunny day saltwater flooding, is comprised of land with lower elevations than in many other places adjacent to the Cape Fear and Northeast Cape Fear Rivers, is impacted by flooding caused by up-stream rain events, and is not protected by hardened features, such as bulkheads, which may not be allowable by current state regulations. As a result, additional resiliency features should be provided for all develop-ment in this area, some of which are outlined here. Resiliency provisions are especially important for mixed-use projects due to in- creased vulnerability of residents. Residential components would also trigger the need for emergency action plans and certifications of ongoing integrity of buildings. Requirements for additional studies, such as No Adverse Impact certifications, may be necessary for new buildings. The extension of CFPUA water and sewer utilities to these properties would need to be carefully consid-ered and may require additional review and maintenance agreements, and extensions to jurisdictions outside of New Hanover County are discouraged. INFRASTRUCTURE CONSIDERATIONS WATER & SEWER UTILITIES Water and sewer lines, as well as pump stations and other critical infrastructure, should be elevated in accordance with regulatory requirements and resiliency best practices. Prior to approving water and sewer utility designs, CFPUA can re- search, develop, and publish updated Technical Guidance for areas such as the Western Bank where frequent and extreme flooding occurs. That guidance would include cross connec- tion and backflow prevention regulatory requirements and best practices to prvent contamination of the water supply from riverwater and sewage overflow during flooding events. ELECTRICAL & COMMUNICATION LINESIt is preferred that, when feasible, utility lines should be buried in waterproof conduits to reduce the risk of damage from flood-waters and wind. If utilities poles must be used, they should be made of materials resistant to corrosion and water damage, such as treated wood, fiberglass, or steel. Note: References to residential and mixed uses have been re- moved as they are no longer part of staff's recommendation. 2024-07 Planning Board Public Hearing Draft 3 Planning Board - July 11, 2024 ITEM: 1 - 4 - 3 STORMWATER TREATMENT Due to flooding concerns and space constraints in this area, stormwater filtration systems have generally been proposed to meet state water quality requirements. To address the impacts of stormwater on adjacent properties, an engineering analy-sis and No-Rise Certification should be required for any new development. PLAN NHC 2016 WESTERN BANK AMENDMENT FLOOD-RESISTANT MATERIALS & DESIGN Because of the frequency of saltwater flooding in this area, any structures and site amenities should be constructed with materials that are less susceptible to water damage and corro- sion, such as stainless steel, concrete, and composite decking. Buildings will be required to be designed with flood openings, vents, or other features that will allow water to enter and exit the structure freely during flooding events, reducing the risk of structural damage. ELEVATION & FLOODPROOFING OF STRUCTURES Buildings and other structures should be designed to reduce the potential impacts of flood events, through elevation or other types of floodproofing. Elevating foundations is generally recommended, though as floating structures and other innova-tive designs are piloted in other floodprone locations and found to be successful, additional options may be identified. STRUCTURE & SITE-DESIGN CONSIDERATIONS LANDSCAPING Landscaped features to help mitigate the effects of saltwater flooding should be incporated, such as planting salt-tolerant plants between structures and the riverbank to help absorb floodwaters and stablize the soil. Some salt-tolerant trees, shrubs, and ground covers appropriate to New Hanover Coun-ty include live oaks, southern magnolias, dwarf yaupon hollies, wax myrtles, liriope, and sea oats. Plants should be monitored for signs of salt damage, such as leaf burn or stunted growth. Alternate landscaping materials may be approved for compliance with brownfield agreements. Note: This image has been changed to provide a local example. 2024-07 Planning Board Public Hearing Draft 4 Planning Board - July 11, 2024 ITEM: 1 - 4 - 4 PLAN NHC 2016 WESTERN BANK AMENDMENT Low-Intensity Downtown Riverfront This place type is specific to the privately owned properties within New Hanover County fronting the western side of the Cape Fear and Northeast Cape Fear Rivers across from downtown Wilmington, bound by the Cape Fear Memorial Bridge and the Isabel Holmes Bridge. This area's industrial past, environmental sensitivities, and high visibility make it unique. A portion of it is also included in the National Register Historic District that covers downtown Wilmington, though most of the land is currently vacant or used for industrial purposes. Development in this area would be challenging due to environmental regulations and infrastructure limitations, and the area is seeing more frequent flooding due to tidal influences, rising water levels, and higher levels of precipitation both locally and up-river. This place type features low-impact and intensity land emphasizes public purposes and uses that contribute to the viewshed of complement downtown Wilmington; result in less traffic, impervious surfaces, and residents than what is possible across the river; activate the space; reduce public risk given current and anticipated flooding; protect natural resources; and allow owners to use their private property. Uses that are less susceptible to flooding impacts and that provide a public benefit, such as recreational and civic uses are encouraged. Commercial and temporary uses, such as warehousing water-related businesses as recommended in the 2022 Economic Mobility Report, and outdoor event spaces, that are less likely to put people at risk are also envisioned. Any residential uses should be limited and associated with a mixed-use project and would need to be designed to be resilient to current and future flood risks so that residents would not be endangered by the impact of intermittent flooding on emergency access or the integrity of construction. Any structures should be designed both for resiliency and to be complementary to downtown Wilmington. Structures within the National Register Historic District should be on the lower end of the recommended height range and all buildings are envisioned to be no taller than the highest point on the U.S.S. North Carolina so it remains the focal point of the viewshed. The following goals from Chapter 3: Framing the Policy will be promoted within the Low-Intensity Downtown Riverfront place type: • Support business success. • Promote fiscally responsible growth. • Conserve and enhance our unique sense of place to attract individuals, companies, and organizations. • Promote place-based economic development in the region that is tied to our natural resources. • Promote environmentally responsible growth. • Conserve environmentally critical areas. Note: References to residential and mixed uses have been re- moved as they are no longer part of staff's recommendation. 2024-07 Planning Board Public Hearing Draft 5 Planning Board - July 11, 2024 ITEM: 1 - 4 - 5 3R dSt I-140 WrightsvilleAve Coll e g e Rd Gordo n R d MarketSt UsHwy74/76 Caus e w a y Dr Pi n e G r ov e Dr Blue Clay Rd Dawson St I-140 23 R d S t Eastw o o d R d U s H w y 42 1 C o l l e g e R d Pri ncess PlaceDr C a ro l ina B e ac h Rd 17ThSt Inde p e n d e n c e Blv Shipyard Blv MarketSt I- 4 0 MartinLutherKingJrPky OleanderDr AirlieRd Ke r r A v e Ri v e r R d Maso n bo r o Loop R d Mil i t a r y C u t o f f Rd I-140 Sidbury Rd Cas t l e Ha y n e Rd Ri v e r Rd Future Land Use MapNew Hanover County, NC Brunswick County Pender County AtlanticOcean Ca p e F e a r R i v e r City of Wilmington WrightsvilleBeach CarolinaBeach 0 1 2 3 4 50.5 Miles Place Types COMMERCE ZONE COMMUNITY MIXED USE CONSERVATION DOWNTOWN RIVERFRONT EMPLOYMENT CENTER GENERAL RESIDENTIAL RURAL RESIDENTIAL URBAN MIXED USE NEW HANOVER COUNTY FUTURE LAND USE MAP PLAN NHC 2016 WESTERN BANK AMENDMENT LOW-INTENSITY RIVERFRONT 2024-07 Planning Board Public Hearing Draft 6 Planning Board - July 11, 2024 ITEM: 1 - 4 - 6 DEVELOPMENT INTENSITY MODE CHOICES DEFINITION DOWNTOWNDOWNTOWNLOW-INTENSITYLOW-INTENSITY RIVERFRONT RIVERFRONT Architecture: Architectural features in line with new construction in downtown Wilmington with primary face to the river Resiliency Components: See Western Bank appendix Setbacks: Away from river and natural resources Pedestrian Amenities:Greenways & multi-use paths Public spaces along river Greenways & multi-use paths Pedestrian river crossings Roads resilient to current & future fl ood risk Ferry, water taxi, and private boat access Greenways & multi-use paths Bicycle river crossings DESIRED USES Riverfront-Specifi c Planned Development Offi ce & Institutional Commercial Recreational Civic/Institutional Temporary Commercial Mixed Use Mix of Uses Zoning CategoriesTypes of Uses / Projects Massing / Scale Transportation Infrastructure Urban Design Use Number of Stories* Ideal Inten- sity Density Recreational 1-3 Low Civic/ Institutional 1-5 Low/Moderate Commercial 1-5 Low/Moderate Mixed Use 1-5 Moderate This placetype features low-impact and intensity land uses that complement contribute to the viewshed of downtown Wilmington, activate the space, reduce public risk to fl ooding, protect natural resources, and allow owners to use their private properties. Uses less susceptible to fl ooding impacts and that provide a public benefi t, such as recreational and civic uses, like museums, are encouraged. Commercial and temporary uses less likely to put people at risk are also envisioned. Any residential uses should be limited, associated with a mixed-use project, and would need to be designed to be resilient to current and future fl ood risks. Structures should be designed for resiliency and be complementary to downtown Wilmington. Buildings They should be no taller than the highest point on the U.S.S. North Carolina so it remains the focal point of the viewshed. EXAMPLE AREAS Western Bank RECREATION CIVIC COMMERCIAL National Register Historic District - Buildings in this part of the Western Bank area should be on the lower end of the height and intensity range due to existing trends related to fl ooding and to ensure the USS Battleship remains the visual focal point of the area. Northern Bank Outside of National Register Historic District - Structures in this area may be on the higher end of the recommended height and density ranges.*Including structured parking PLAN NHC 2016 WESTERN BANK AMENDMENT Note: This image has been changed to provide a local example. 2024-07 Planning Board Public Hearing Draft 7 Planning Board - July 11, 2024 ITEM: 1 - 4 - 7 Goal I: Support business success Desired Outcome: A vibrant economy for New Hanover County based on business success. Implementation Strategies Implementation Guidelines A.Streamline permitting process for targeted industries. I.A.1 Encourage target industries in Employment Centers, Commerce Zones, and Growth Nodes. B.Advocate for and develop a realistic and sustainable incentive policy for New Hanover County. Guidelines are not part of this strategy. C.Align county zoning ordinances to encourage targeted business in appropriate areas. I.C.1 Develop performance controls to address odor, noise, lighting, and other impacts on surrounding uses. I.C.2 Develop strategies for encouraging office, retail, and other light intensity nonresidential uses within existing residential areas to provide community level service. I.C.3 Consider a riverfront-specific zoning district or districts for the Western Bank area that will allow for commercial uses that would be less disrupted by frequent flooding and ensure any structures are resilient to existing hazards. D.Increase communications with small business by creating a resource link on the county webpage for new business and an ongoing process to shepherd new businesses through the development process. I.D.1 Explore updating existing zoning regulations to assist in streamlining the commercial review process. E.Support provisions for providing public free, high-speed internet access throughout New Hanover County. Guidelines are not part of this strategy. 2024-07 Planning Board Public Hearing Draft 8 Planning Board - July 11, 2024 ITEM: 1 - 4 - 8 Goal III: Promote fiscally responsible growth Desired Outcome: Growth patterns that achieve efficient provisions of services and equitable distribution of costs between the public and private sector. Implementation Strategies Implementation Guidelines A. Coordinate infrastructure from a regional perspective including water, sewer, and transportation. I.A.1 Encourage target industries in Employment Centers, Commerce Zones, and Growth Nodes. II.A.2 Provide connectivity between transportation modes, in growth nodes outlined on the Future Land Use Map, and within new development where practical. III.A.3 Ensure all traffic calming devices and gated areas accommodate emergency service delivery and interconnectivity. III.A.4 Encourage street connections to adjoining undeveloped property and connect existing streets to improve accessibility and safety to development sites. III.A.5 Coordinate with CFPUA to ensure that water and sewer infrastructure is designed and constructed by any development following best practices for resiliency in a low-lying flood zone, such as the Western Bank area. This will shift the cost burden from life-cycle maintenance expenses by a public utility to private development whose initial capital investment in resilient infrastructure will reduce unnecessary maintenance and emergency response due to the risk of frequent and extreme flood events. III.A.6 Consider long-term public infrastructure maintenance costs as well as installation costs when making decisions regarding new development. B. Coordinate regional facilities such as community colleges and workforce training as they support targeted industries (as identified in County approved Economic Development strategies). III.B.1 Encourage the development of educational facilities and transportation infrastructure in Employment Centers and Commerce Zones as identified on the Future Land Use Map. C. Encourage infill development on vacant or blighted pieces of existing communities by providing incentives such as grants, but not limited to; density bonuses, and/or a reduction of parking requirements and/or setbacks. III.C.1 Encourage a mixture of uses that create opportunities for shared parking and setback requirements to serve the overall community. D. Encourage the redevelopment of single uses into mixed-use developments where appropriate. III.D.1 Encourage incremental transformation of single uses into compatible mixed use centers that are compatible with the surrounding neighborhoods. E. Encourage redevelopment of aging corridors to support and strengthen adjacent neighborhoods. III.E.1 Encourage revitalization and redevelopment of blighted infill sites into compatible mixed uses that enhance nearby residential areas through incentives such as density bonuses, shared parking, and/or innovative buffering. F. Encourage development where existing infrastructure is available. III.F.1 Encourage increased density in Urban Mixed Use areas within close proximity of City of Wilmington jurisdiction and Growth Nodes as identified on the Future Land Use Map (Porters Neck/Kirkland, Monkey Junction, and I-40/I-140 Interchange) in an effort to create densities that can support future infrastructure. 2024-07 Planning Board Public Hearing Draft 9 Planning Board - July 11, 2024 ITEM: 1 - 4 - 9 Goal VI: Conserve and enhance our unique sense of place to attract individuals, companies, and organizations. Desired Outcome: Enhance our reputation as a desirable community to live and operate a business based on New Hanover County’s rich history, natural environments, and unique features. Implementation Strategies Implementation Guidelines A. Focus on the public spaces and opportunities for formal and informal social gathering places. Increase, enhance, and manage public access to water and natural resources. VI.A.1 Encourage the development of public shorefront access areas and boat access areas that do not adversely affect estuarine resources or public trust waters. VI.A.2 Encourage the development of public spaces in mixed use developments through public, private partnerships. VI.A.3 Allow uses of estuarine and public trust waters that provide benefits to the public and satisfy riparian access needs of private property owners while encouraging shared boating facilities instead of individual boating docks. VI.A.4 Consider including Form Based Code elements in development regulations to enhance or create community focal points. VI.A.5 Consider a riverfront-specific zoning district or districts for the Western Bank area that will support public spaces and establish building design requirements to complement downtown Wilmington’s historic district and the Battleship. B. Consider creating a strong place-based economic development strategy. Guidelines are not a part of this strategy. C. Make a case for sustainable funding sources to improve the County’s economic development infrastructure and identify opportunities to leverage the funds effectively. Guidelines are not a part of this strategy. D. Encourage conservation and enhancement of the unique environment, character and history of the county. VI.D.1 Update New Hanover County inventory of historic places. VI.D.2 Encourage preservation and conservation of historic sites identified in the county’s historic sites survey. VI.D.3 Encourage preserving the character of the area’s residential neighborhoods and quality of life by supporting development that is consistent with adopted Small Area Plans and enhances existing land uses. VI.D.4 Consider a riverfront-specific zoning district or districts for the Western Bank area that will support public spaces and establish building design requirements to complement contribute to the viewshed of downtown Wilmington’s historic district and the Battleship. 2024-07 Planning Board Public Hearing Draft 10 Planning Board - July 11, 2024 ITEM: 1 - 4 - 10 Goal VII: Promote place-based economic development in the region that is tied to our natural resources. Desired Outcome: Coordinate economic development efforts with New Hanover County’s natural bio-diverse region and unique features. Implementation Strategies Implementation Guidelines A. Create and promote a network of greenways, blueways, and trails highlighting environmental assets. VII.A.1 Identify the environmental assets and locations where greenways, blueways, public access, and trails would enhance economic development while not diminishing the resource. VII.A.2 Provide for the protection and development of public shorefront and boat access areas. VII.A.3 Consider investing in greenways, blueways, and trails along the Western Bank and connecting to Wilmington and Brunswick County. B. Coordinate and partner with various agencies to develop future public water access points. Guidelines are not part of this strategy. C. Revitalize waterfront parks and public spaces to encourage opportunities for formal and informal social gatherings. Guidelines are not part of this strategy. D. Preserve, conserve, and/or maintain coastal infrastructure features including natural and man-made; which are critical to our quality of life, economy, and coastal environment. VII.D.1 Development or expansion of marinas (as defined herein) in primary nursery areas, outstanding resource waters, or open shell fishing waters may occur when the following conditions exist: • There exists a previously permitted channel which was constructed or maintained under permits issued by the State or Federal Government. If a natural channel was in use, or if a human-made channel was constructed before permitting was necessary, there shall be clear evidence that the channel was continuously used for a specific purpose; and • Excavated material can be removed and place in an approved disposal area without significantly impacting adjacent nursery areas and beds of submerged aquatic vegetation; and • The original depth and width of a human-made channel or natural channel will not be increased to allow a new or expanded use of the channel. VII.D.2 Develop guidelines and standards for community boating facilities and other water dependent uses through updated ordinances. (Marina: Any publicly or privately owned dock, basin, or wet storage facility constructed to accommodate more than 10 boats and providing any of the following services: permanent or transient docking spaces, dry storage fueling facilities, haul out facilities, or repair services. Excluded from this definition are boat ramp facilities that allow access only, temporary docking that includes none of the previous listed services, and community boating facilities.) 2024-07 Planning Board Public Hearing Draft 11 Planning Board - July 11, 2024 ITEM: 1 - 4 - 11 Goal IX: Promote environmentally responsible growth. Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources. Implementation Strategies Implementation Guidelines A. Promote a mixture of uses where appropriate in an effort to cluster development and minimize impacts on natural resources. IX.A.1 Encourage mixed use development that rewards development practices which exceed minimum standards. IX.A.2 Establish open space criteria that encourages preservation of natural areas, buffers, trees, and wildlife habitats, while working in harmony with the built environment. IX.A.3 As part of the development ordinance, include mixed use district guidelines that achieve the intent of the Community and Urban Mixed Use place types and are consistent with City of Wilmington districts. B. Adopt and implement a green infrastructure plan that identifies a network of natural lands and open spaces and provides ecosystem conservation as well as alternative transportation modes through trails and greenways. IX.B.1 Encourage best management practices that enhance development and minimize adverse environmental impacts of the built environment. IX.B.2 Use incentives to create flexible guidelines as well as outreach and education to encourage the use of native vegetation in landscaping and discourage invasive species. IX.B.3 Identify and promote access opportunities to existing open space and incentivize these spaces for active and passive recreation. IX.B.4 To enhance recreation, conservation, and transportation infrastructure, consider prioritizing connections of open space, parks, and greenways as identified in the Parks Master Plan. C. Partner with regional governmental agencies and nongovernmental organizations to acquire and protect environmentally sensitive land (e.g. establish a regional land bank). I.C.1 Provide opportunities to legally transfer density and impervious surfaces out of areas where exceptional resources may be impacted. I.C.2 Encourage the use of best management practices through education and incentives to protect environmentally sensitive areas. IX.C.3 Continue promotion of New Hanover County as a “no discharge zone” and promote the Clean Marina Program IX.C.4 Prohibit floating home development where pump out facilities or sewer connections are not available in order to protect public trust and estuarine areas and to minimize risk of loss to persons and property. IX.C.5 Explore establishing a brownfields program to reduce the impacts of past Western Bank industrial uses on water quality due to more frequent instances of flooding. D. Strengthen and direct development toward existing communities through encouraging infill and redevelopment. IX.D.1 Encourage incremental inclusion of mixed uses into areas that are single use dominated where the uses are compatible with the surrounding neighborhoods. IX.D.2 Encourage infill development to maximize use of previously developed sites for highest and best use. 2024-07 Planning Board Public Hearing Draft 12 Planning Board - July 11, 2024 ITEM: 1 - 4 - 12 Goal X: Conserve environmentally critical areas Desired Outcome: Utilize environmentally critical areas for outdoor recreation, healthy watersheds, and maintenance of critical habitats. Implementation Strategies Implementation Guidelines A. Partner with governmental and nongovernmental organizations to acquire and protect environmentally sensitive areas. X.A.1 Encourage development patterns that preserve natural areas, buffers, and significant trees. X.A.2 Ensure the protection and preservation of undeveloped barrier and estuarine system islands by purchase or dedication in order to restrict development, support research, and encourage passive recreation as their primary uses. B. Discourage development in wetlands, floodplain, and other flood prone areas. X.B.1 Encourage connection to public water and sewer in environmentally sensitive areas to minimize potential contamination from failing septic systems. X.B.2 Encourage lower density development and/or alternatives to development (i.e., acquisition through clean water trust funds and grants) in ocean erodible areas, inlet hazard areas, high hazard flood areas, coastal and federally regulated wetlands. X.B.3 Encourage lower density development and/or alternatives to development (i.e., acquisition through clean water trust funds and grants), and minimal impervious surface coverage within the 100-year floodplain (1% annual chance floodplain). The following applies: • Development projects may be allowed within the floodplain where adverse impacts to the estuarine system can be shown to be negligible. • Low intensity uses on a site, such as open space and passive recreation, may be appropriate in the floodplain. • Projects should comply with hierarchical principles of impact avoidance, minimization, and mitigation for unavoidable impacts. • Evaluate the need to develop standards for protection of environmentally significant areas during development and redevelopment. X.B.4 Encourage preservation of existing natural wetlands and constructed wetlands as a stormwater mitigation technique where practical. X.B.5 Encourage preservation of existing natural buffer areas for conservation resources to preserve their natural functions. X.B.6 Incentivize, through the development process, the use of Best Management Practices such as Low Impact Development where possible to ensure environmentally critical areas are conserved. X.B.7 Encourage the use of native vegetation in landscaping. X.B.8 Consider a riverfront-specific zoning district or districts for the Western Bank area that will limit public infrastructure investment and environmental impacts and that reduces risk for any potential residents. X.B.9 Initiate a study to monitor water and salinity levels on the Western Bank to inform when adjustments to policies and standards should be made. C. Educate the public on the value of protecting ecosystems. Guidelines are not part of this strategy. 2024-07 Planning Board Public Hearing Draft 13 Planning Board - July 11, 2024 ITEM: 1 - 4 - 13 Low-Intensity Riverfront Conservation Commerce Zone Planning Board - July 11, 2024 ITEM: 1 - 5 - 1 Western Bank Amendment – Response to Public Comments What We Heard Response and Impact to the Planning Board Public Hearing Draft A number of the unique public comments and Action Alert comments that included additional statements indicated that there are questions regarding the purpose behind the amendment and why it is being considered. Some commenters seemed to misunderstand that the amendment was intended to allow for more intensive development and for the development of marsh lands and portions of Eagles Island not in New Hanover County. The entire Western Bank area is highly visible to travelers along the Cape Fear Memorial, Isabel Holmes, and Thomas Rhodes Bridges, as well as to residents and visitors of downtown Wilmington. Not all of this area is actually in New Hanover County, though—the majority of what people see of Eagles Island is actually in Brunswick County—and is not the focus of this amendment. While some marsh areas are included in the Western Bank area in New Hanover County, they are generally publicly owned. The focus of this amendment is the small number of land parcels in private ownership that are currently zoned for Regional Business, Industrial, or Mixed Use development (approximately 90 acres). This amendment is proposed because over the past several years, the Board of Commissioners and staff have been conducting a series of studies in response to new information and research indicating that the Western Bank area of New Hanover County is more susceptible to flooding than was known at the time the 2016 Comprehensive Plan was adopted. The plan currently classifies this area as Urban Mixed Use, our highest intensity place type or land development pattern, and the Commissioners have directed staff to change this classification to reduce potential risks and public costs related to future development. This amendment would be the first step in also modifying the regulations that currently apply to these properties, which currently allow for a wide variety of intensive uses, to reduce potential risk to hazards and long-term public impacts. The substance of those regulations has not been fully determined, but the provisions in the Comprehensive Plan would be used to inform that work. The updated amendment draft includes additional language to clarify the intent of the amendment, the reasons behind it, and the properties to which new recommendations apply. See the amendment’s Summary Sheet for more information. The Action Alert comments and two-thirds of the unique public comments directly request that the Western Bank properties not be allowed to develop. The Action Alert comments request that the properties be classified as Conservation rather than creating a new place type. While the goal of the plan amendment is to encourage low impact uses and public purposes, the majority of properties in the Western Bank area are privately owned so County development regulations cannot prohibit their reasonable use. The Conservation place type is intended to protect the natural environment, water quality, and wildlife habitats, but it also places limits on development that may be in conflict with local governments’ constitutional constraints on prohibiting the use of private property by their owners. Staff would not recommend that this place type be applied to properties under private ownership, but Conservation has been extended to publicly owned parcels and along the riverfront where Coastal Area Management Act (CAMA) Areas of Environmental Concern are likely to be located. Because the recommended place type is new and has not been applied to properties previously, staff was able to modify it to address many of the concerns expressed by commentors, which are further outlined below. In addition, the place type is suggested to be re-named Low-Intensity Riverfront, as it strongly emphasizes public purposes and uses, with recreation and civic uses making up the majority of the recommended use mix. This designation would allow for the types of park and educational purposes supported by many public commenters. The majority of public comments highlighted concerns regarding increasing compound flooding risk, how that might be impacted by future development, the long term public costs, and consistency with the stated goals of the floodplain management program. These concerns are one of the primary reasons why the County Commissioners have directed staff to modify the policies for the Western Bank. Over the past several years, Commissioners and staff have received large amounts of information from community stakeholders related to increasing nuisance flooding in this area and how those trends are projected to impact properties in the coming years. The County has a long-standing floodplain management program, with standards beyond the minimum required for participation in the FEMA flood insurance program to address ongoing resiliency. These standards are based on FEMA guidance, which though it aims to prevent flood damage as referenced in purpose statements included in Article 9 of the Unified Development Ordinance, are bound by the same constitutional limits described above, which constrain government from prohibiting use of private property. The initial draft of the amendment included recommendations that any buildings in this area meet requirements above and beyond what is currently required in the County ordinances. Language has been added to clarify the intent of these provisions and an additional No Adverse Impact certification is referenced in response to a public comment that provided information on its use in Brevard, NC. On Friday, June 7, 2024 an initial draft of an amendment to the 2016 Comprehensive Plan regarding future land use on the Western Bank properties in New Hanover County across from downtown Wilmington was released for public comments. All comments provided by noon on June 28 were considered by staff as the amendment was revised in preparation for Planning Board consideration at their July 11, 2024 meeting. During the three-week public comment period, staff was sent 2,543 public comment emails. The majority of the emails were sent via an Action Alert portal used by a number of local organizations and advocacy groups. Staff also received 165 unique email comments. Themes and concerns from comments are summarized below, along with staff responses to how they were considered in preparation of the Planning Board Public Hearing Draft of the amendment. Planning Board - July 11, 2024 ITEM: 1 - 6 - 1 What We Heard Response and Impact to the Planning Board Public Hearing Draft The majority of public comments also expressed concern regarding the impact of potential development on the area’s ecology and environmental resources, cultural and historic resources, and downtown Wilmington viewshed. Many commenters also expressed a desire for the entire Western Bank, including the properties located in Brunswick County, to be conserved as natural space to protect those resources, allow for educational opportunities, and provide economic value to downtown Wilmington as green space. It is important to note that some of the private properties in the Western Bank area impacted by this amendment are currently used for industrial or commercial purposes, and other privately-owned parcels were previously used for intensive uses. What people see on these properties is not pristine environment—it is the result of properties becoming overgrown by vegetation, which is covering likely brownfields. While the state indicates that two of the properties are participating in the brownfields program, most of the land parcels have not been cleaned up and known plans are not in place to do so. The desires voiced by commenters were the basis for many of the guidelines for this area in the initial public comment draft. As described above, there are limits on local governments’ ability to prohibit the use of private property, so provisions are in place to serve as guardrails for what is expected if private development or uses occur. These include recommendations for building height and architecture. As a result of the public comments, these recommendations have been modified to more closely align with height recommendations for riverfront uses in the City of Wilmington. Less height is recommended for parcels within the National Register Historic District so the U.S.S. Battleship remains the focal point for the viewshed. A number of public comments referenced concerns related to the traffic and fiscal impacts of potential development in this area as well as a desire for recreational uses and bicycle and pedestrian connectivity. Additional clarifying language has been added to reference concerns related to fiscal impacts. Staff does not anticipate a large traffic impact due to the types of lower intensity uses encouraged in the new place type and considered the limitations on transportation infrastructure in this area during the development of the Western Bank Report, which has influenced the recommendations in the proposed amendment. An emphasis on recreational uses is one of the primary recommendations for the Low- Intensity Riverfront place type. Language referencing requested connections to greenway, trail, and blueway networks in Wilmington and Brunswick County has been added. A handful of comments indicated a desire for development on the Western Bank, and a couple expressed concern that the recommended guidelines, especially regarding height and use, would limit the developability of private properties. Concerns were also voiced that properties with contamination due to past industrial uses may not be able to be cleaned up if private development were stymied, as that is the usual mechanism for environmental restoration. It is not the intent of this amendment to prohibit the reasonable use of private property, and any riverfront-specific zoning districts recommended by the amendment would have to consider those impacts. However, this amendment is intended to set guardrails for what any new uses or buildings would have to consider due to flood risks, public investments and cost, and desired community character. The current Urban Mixed Use place type outlined for this area indicates to property owners that the County desires more intensive development, resulting in a large amount of private investment in proposals that may encounter hurdles late in the development process. This amendment seeks to clarify expectations for land owners and potential developers and to identify County programs that could mitigate existing contamination concerns generally addressed by private developers. No changes to the initial amendment were made in response to these comments beyond the addition of some clarifying language. Planning Board - July 11, 2024 ITEM: 1 - 6 - 2 Public Comments (Submitted during the public comment period) 2,543 emails were sent during the public comment period Links Full Emails Received Spreadsheet of Emails Sent but Not Received by Staff during the public comment period Planning Board - July 11, 2024 ITEM: 1 - 7 - 1 Public Comments (Submitted after the public comment period) Link to Compiled Comments Action Alert Portal – 300 Other Opposition – 14 Neutral – 1 In Support - 2 Planning Board - July 11, 2024 ITEM: 1 - 8 - 1 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 7/11/2024 Regular DEPARTMENT: Planning PRESENTER(S): Love O, Development Review Planner CONTACT(S): Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning and Land Use Director SUBJECT: Public Hearing Request by Adam Sosne with Brightwater Development Company, applicant, on behalf of MHMJ, LLC, property owner, to rezone approximately 12.68 acres zoned Condi>onal RMF-M, Residen>al Mul>-Family - Moderate Density located at 5322 Carolina Beach Road to a new (CZD) RMF-M district for a maximum 133 aCached single- family dwelling units. BRIEF SUMMARY: This project was originally approved by the Board of Commissioners at their October 10, 2023, regular mee+ng. The project included a maximum of 200 residen+al units, consis+ng of 35 aached single-family dwelling units in the form of eight quadruplexes and one triplex and 165 mul+-family units in five apartment buildings. The applicant is proposing to revise the approved concept plan to reduce the overall unit count to 133 and change all the dwelling units to single-family aached units for a townhome development. The new concept plan also proposes making access to the Towns at Park Place emergency access only. The proposed changes to the density, housing type, and site access cons+tute a substan+al devia+on from the approved plan. When substan+al changes are proposed to an approved concept plan it requires review and approval by the Board of Commissioners through the public hearing process. The proposed revision reduces the unit count by 67 resul+ng in an overall density of 10.5 dwelling units per acre. The mul+-family units have been removed from the plan, so all of the dwelling units are consistent throughout the development. The approved concept plan has a density of 200 residen+al units resul+ng in 15.8 dwelling units per acre. The applicant proposes to keep the condi+on limi+ng the maximum building height to 3 stories. The revised concept plan maintains the two stormwater ponds and recrea+on area. The site also increases the amount of open space to 5 acres, which is 19% more than the minimum required by ordinance. The approved concept plan has 2.54 acres of open space. The revised concept plan proposes to reduce the project from 3 points of access to 1 point of ingress and egress directly to the Carolina Beach Road service road. A condi+on has been including requiring emergency access gates and an all-weather paved surface to the property line approved by the Fire Marshal’s Office. The RMF-M district was established to provide lands that accommodate moderate density single-family and mul+- family development. The intent of the RMF-M district is to func+on as a transi+onal district between intensive nonresiden+al development and higher density residen+al areas. The district is designed to provide a reasonable range of choice, type, and loca+on of housing units. Planning Board - July 11, 2024 ITEM: 2 It is es+mated the site would generate approximately 87 AM and 109 PM peak hour trips if developed under current zoning. The proposed (CZD) RMF-M development is es+mated to generate 65 AM and 77 PM peak hour trips, decreasing the number of peak hour trips by approximately -22 AM and -32 PM. The proposed project is located along a major arterial highway that is currently nearing planning capacity; and Monkey Junc+on intersec+on improvement project has been delayed, with right-of-way acquisi+on and u+lity work not scheduled un+l 2029. While the original 200-unit project required a TIA, which included site access improvements and a new turn lane. The proposed project reduces the es+mated traffic below the threshold requiring a TIA. As a new project, the prior TIA is no longer applicable to the site, however the project will be reviewed and permied through the NCDOT driveway permiDng process. The reduc+on to a single point of ingress and egress means vehicles that need to travel west on Carolina Beach Road would need travel approximately 3,500 feet south to U-turn at Rosa Parks Drive or exit the service road onto Carolina Beach Road, cross three lanes of traffic and make a U-turn at Monkey Junc+on which could increase vehicle conflicts at the intersec+on. Students living in the proposed development would be assigned to Bellamy Elementary School, Myrtle Grove Middle School, and Ashley High School. Based on a generalized historic genera+on rate*, staff would es+mate that the decrease in homes would result in approximately 16 fewer students than would be generated under current zoning. The 2016 Comprehensive Plan designates this property as Urban Mixed Use and General Residen+al. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development paerns in the surrounding area to be considered. The RMF-M zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides the type of use and density appropriate for the area given the project's loca+on in the growth node and surrounding development paerns. Addi+onally, the housing type within the development could provide housing choice and an appropriate transi+on from the commercial node and the single-family residences to the south and west. 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 proposal is slightly higher than the General Residen+al place type recommenda+on, however it is below the Urban Mixed-Use recommenda+on. It is also similar to neighboring development paerns in the area. In addi+on, while the proposal does provide for addi+onal higher-density housing, its loca+on in one of the County’s high growth nodes would generally recommend for more density to address the County’s need for more housing. 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 project provides the type of use and density appropriate for the area given the project's loca+on in the growth node and surrounding development paerns. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the development would provide an appropriate transi+on from the commercial node to the single-family residences to the south and west. Planning Board - July 11, 2024 ITEM: 2 Exis>ng Condi>on to Remain in Effect: 1. Buildings will have a maximum height of three stories. Staff Proposed Condi>on: 2. Roadway connec+ons to the Towns at Park Place shall be paved to the property line and gated as approved by the New Hanover County Fire Marshal's Office. Alterna>ve Mo>on 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 project provides the type of use and density appropriate for the area given the project's loca+on in the growth node and surrounding development paerns. I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project increases traffic and reduced interconnec+vity to a single point of access on a service road. ATTACHMENTS: Descrip+on Z24-12 PB Script Z24-12 PB Staff Report Z24-12 Zoning Map Z24-12 Future Land Use Map Z24-12 Mailout Map Z24-12 Application Coversheet Z24-12 Application Z24-12 Concept Plan Coversheet Z24-12 Concept Plan Z24-12 Public Comment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - July 11, 2024 ITEM: 2 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z24-12) Request by Adam Sosne with Brightwater Development Company, applicant, on behalf of MHMJ, LLC, property owner, to rezone approximately 12.68 acres zoned Conditional RMF-M, Residential Multi- Family – Moderate Density located at 5322 Carolina Beach Road to a new (CZD) RMF-M district for a maximum 133 attached single-family 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. d. Opponent’s presentation (up to 15 minutes) e. Applicant’s and supporters’ rebuttal (up to 5 minutes) f. Opponent’s rebuttal (up to 5 minutes) g. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with a motion and vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides the type of use and density appropriate for the area given the project’s location in the growth node and surrounding development patterns. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the development would provide an appropriate transition from the commercial node to the single-family residences to the south and west. Existing Conditions to Remain in Effect: 1. Buildings will have a maximum height of three stories. Staff Proposed Condition: 2. The roadway connections to the Towns at Park Place shall be paved to the property line and gated as approved by the New Hanover County Fire Marshal’s Office. Planning Board - July 11, 2024 ITEM: 2 - 1 - 1 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 project provides the type of use and density appropriate for the area given the project’s location in the growth node and surrounding development patterns, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project increases traffic and reduced interconnectivity to a single point of access on a service road. 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 - July 11, 2024 ITEM: 2 - 1 - 2 Z24-12 Staff Report PB 7.11.24 Page 1 of 16 STAFF REPORT FOR Z24-12 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-12 Request: Rezoning to a Conditional RMF-M district Applicant: Property Owner(s): Adam Sosne, Brightwater Development Company MHMJ, LLC Location: Acreage: 5322 Carolina Beach Road 12.68 PID(s): Comp Plan Place Type: R07600-006-042-000 & R07606-003-002- 000 Urban Mixed Use & General Residential Existing Land Use: Proposed Land Use: Undeveloped 133 Attached Single-Family Dwellings Current Zoning: Proposed Zoning: (CZD) RMF-M (CZD) RMF-M SURROUNDING AREA LAND USE ZONING North The Townes at Park Place (CZD) RMF-M (approved 1/6/2020) East Monkey Junction Intersection B-2 South Grove Park Mobile Home Park & Citrus Grove Subdivision R-15 & R-10 West Brewster Park & Marquis Hills Subdivision R-10 Planning Board - July 11, 2024 ITEM: 2 - 2 - 1 Z24-12 Staff Report PB 7.11.24 Page 2 of 16 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) May 2, 1988 Rezoned to B-2 October 10, 2023 Rezoned to (CZD) RMF-M COMMUNITY SERVICES Water/Sewer Water and sanitary sewer services available through CFPUA via a mainline extension. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Myrtle Grove Station Schools Bellamy Elementary, Myrtle Grove Middle, Ashley High Schools Recreation Arrowhead Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The conservation resource map indicates pocosin wetlands on the property; however, they are not underlaid with Class IV soils, which results in additional development standards. Historic No known historic resources Archaeological No known archaeological resources Planning Board - July 11, 2024 ITEM: 2 - 2 - 2 Z24-12 Staff Report PB 7.11.24 Page 3 of 16 APPROVED CONCEPT PLAN Z23-17 Approved Concept Plan – Includes Staff Markups  This project was originally approved by the Board of Commissioners at their October 10, 2023, regular meeting. The project included a maximum of 200 residential units, consisting of 35 attached single-family dwelling units in the form of eight quadruplexes and one triplex, outlined in blue on the concept plan, and 165 multi-family units in five apartment buildings, outlined in orange.  The project had an overall density of 15.8 dwelling units per acre. The RMF-M district allows a maximum density of 17 dwelling units per acre.  The approved concept plan places the taller buildings internal to the site or adjacent to the neighboring commercial and multi-family zoning while providing attached single-family units adjacent to the single-family properties.  The approved concept plan depicts two stormwater ponds, an amenity area, and provides the minimum 20% open space equal to 2.54 acres. The project also includes a condition limiting the maximum building height to three stories.  The approved concept plan includes three points of ingress and egress. Direct access is provided to the Carolina Beach Road service road south of the Express Carwash. Two additional points of interconnectivity are provided to Antoinette Drive through the adjacent Townes at Park Place development currently under construction. Planning Board - July 11, 2024 ITEM: 2 - 2 - 3 Z24-12 Staff Report PB 7.11.24 Page 4 of 16 PROPOSED CONCEPT PLAN  The applicant is proposing to revise the approved concept plan to reduce the overall unit count to 133 and change all the dwelling units to single-family attached units for a townhome development. The new concept plan also proposes making access to the Towns at Park Place emergency access only.  The proposed changes to the density, housing type, and site access constitute a substantial deviation from the approved plan stated in Section 10.3.3.C.7.b in the UDO. When substantial changes are proposed to an approved concept plan it requires review and approval by the Board of Commissioners through the public hearing process.  The proposed revision reduces the unit count by 67 resulting in an overall density of 10.5 dwelling units per acre. The approved concept plan has a density of 200 residential units resulting in 15.8 dwelling units per acre.  The multi-family units have been removed from the plan, so all of the dwelling units are consistent throughout the development. The applicant proposes to keep the condition limiting the maximum building height to 3 stories.  The revised concept plan maintains the two stormwater ponds and recreation area. The site also increases the amount of open space to 5 acres, which is 19% more than the minimum required by ordinance. The approved concept plan has 2.54 acres of open space.  The revised concept plan proposes to reduce the project from 3 points of access to 1 point of ingress and egress directly to the Carolina Beach Road service road. A condition has been proposed by staff including requiring emergency access gates and an all-weather paved surface to the property line approved by the Fire Marshal’s Office. ZONING CONSIDERATIONS  The RMF-M district was established to provide lands that accommodate moderate density single-family and multi-family development. The intent of the RMF-M district is to function as a transitional district between intensive nonresidential development and higher density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units. Planning Board - July 11, 2024 ITEM: 2 - 2 - 4 Z24-12 Staff Report PB 7.11.24 Page 5 of 16  Under the RMF-M zoning district, there is a maximum density of 17 units per acre and structures are limited to 3 stories unless an additional height allowance is granted, which requires stricter setbacks. The applicant has specified a height maximum of 3 stories on their concept plan.  A Type A Opaque Buffer is required along the southern and eastern property lines, this can include fencing, a berm and/or vegetation. On the northern and western property lines a transitional buffer is not required.  The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with residential properties to the east and south shall not exceed 0.5-foot candles.  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 - July 11, 2024 ITEM: 2 - 2 - 5 Z24-12 Staff Report PB 7.11.24 Page 6 of 16 AREA DEVELOPMENTS Planning Board - July 11, 2024 ITEM: 2 - 2 - 6 Z24-12 Staff Report PB 7.11.24 Page 7 of 16 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning 165 multi-family and 35 attached single-family dwelling units. PROPOSED ACCESS Primary Access Carolina Beach Road via a service road running parallel to Carolina Beach Road. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Planning Board - July 11, 2024 ITEM: 2 - 2 - 7 Z24-12 Staff Report PB 7.11.24 Page 8 of 16 Type of Roadway NCDOT major arterial Roadway Planning Capacity (AADT) 41,369 Latest Traffic Volume (AADT) 33,941 (2023) Latest WMPO Point-in-Time County (DT) 40,125 (2023) Current Level of Congestion Nearing Capacity NEARBY NCDOT STIP ROADWAY PROJECTS U-5702B – S. College Rd. Improvements (2025 Right-of-way acquisition & utilities) - Access management and time travel improvements along College Road between Shipyard Boulevard and Carolina Beach Road. U-5790 – Monkey Junction Intersection and Roadway Improvements (2029 Right-of-way acquisition & utilities) - Project to convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection. - The project includes widening Carolina Beach Road south of the intersection to Sanders Road. W5703 – C (Right-of-way acquisition) - US 421 (Carolina Beach Road) from US 117/NC 132 (College Road) to 200 feet North of Wiloughby Park. Install curb and gutter, multi-use path, sidewalk, pedestrian signals, high visibility crosswalks, and lighting. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 87 65 -22 PM Peak Hour Trips 109 77 -32 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The proposed project is located along a major arterial highway that is currently nearing planning capacity; and Monkey Junction intersection improvement project has been delayed, with right-of- way acquisition and utility work not scheduled until 2029. While the original 200-unit project required a TIA, which included site access improvements and a new turn lane. The proposed project reduces the estimated traffic below the threshold requiring a TIA. As a new project, the prior TIA is no longer applicable to the site, however the project will be reviewed and permitted through the NCDOT driveway permitting process. The reduction to a single point of ingress and egress means vehicles that need to travel west on Carolina Beach Road would need travel approximately 3,500 feet south to U-turn at Rosa Parks Drive or exit the service road onto Carolina Beach Road, cross three lanes of traffic and make a U-turn at Monkey Junction which could increase vehicle conflicts at the intersection. Planning Board - July 11, 2024 ITEM: 2 - 2 - 8 Z24-12 Staff Report PB 7.11.24 Page 9 of 16 ENVIRONMENTAL  The property is not within a Natural Heritage Area.  The property is within the Motts Creek watershed.  There is a stream on the property, marked on the concept plan.  Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable), Class II (moderate) and Class III (severe) soils; however, the project is expected to be served by public water and sewer.  The conservation resource map indicates pocosin wetlands on the property; however, they are not underlaid with Class IV soils, which results in additional development standards. OTHER CONSIDERATIONS Schools  Students living in the proposed development would be assigned to Bellamy Elementary School, Myrtle Grove Middle School, and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools.  A maximum of 200 dwelling units would be permitted under the current approved Conditional RMF-M zoning density, and 133 units could potentially be developed under the proposed zoning for a decrease of 67 dwelling units.  Based on a generalized historic generation rate*, staff would estimate that the decrease in homes would result in approximately 16 fewer 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. Planning Board - July 11, 2024 ITEM: 2 - 2 - 9 Z24-12 Staff Report PB 7.11.24 Page 10 of 16 Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Development Under Current Zoning Approval 200 residential units Approximate** Total: 44 (18 elementary, 10 middle, 14 high) Proposed Zoning Request 133 residential units Approximate** Total: 28 (13 elementary, 5 middle, 9 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 Those upgrade projects have not been finalized by the New Hanover County School Board. 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% Bellamy 562 495 114% None Middle 88% Myrtle Grove 600 747 80% None High 100% Ashley 1910 1900 100.5% None Planning Board - July 11, 2024 ITEM: 2 - 2 - 10 Z24-12 Staff Report PB 7.11.24 Page 11 of 16 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. Natural areas and critical environmental features are enhanced and protected. While the conceptual plan included as part of the proposed rezoning shows an existing stream crossing the site, the proposed development is designed to minimize impacts to the stream, and no wetlands or floodplain areas have been identified on site. The project also increases the amount of open space from 20% to 39%. Planning Board - July 11, 2024 ITEM: 2 - 2 - 11 Z24-12 Staff Report PB 7.11.24 Page 12 of 16 Representative Developments Representative Developments of Proposed Housing Types: Plantation Village (Attached Single Family) Planning Board - July 11, 2024 ITEM: 2 - 2 - 12 Z24-12 Staff Report PB 7.11.24 Page 13 of 16 Woodlands at Echo Farms (Attached Single Family) Context and Compatibility  The property is located in one of the county’s more travelled corridors and within one of the three growth nodes identified in the Comprehensive Plan.  The property is located to the west of the Monkey Junction Intersection and was rezoned is accessed by a service road that connects the property to Carolina Beach Road. The proposed change to the concept plan reduces interconnectivity through the adjacent TRC- approved Towns at Park Place.  The property was rezoned on October 10, 2023, to a higher density residential project that included a mix of multi-family and single-family attached dwelling units. The proposed project reduces the overall density and proposes a uniform housing type throughout the development.  The proposed modification is more consistent with the neighboring Towns at Park Place currently under construction and existing single-family development in the area.  NCDOT’s planned improvements to the Monkey Junction area in the coming years are anticipated to alleviate traffic concerns in this area. However, NCDOT is not anticipated to begin right-of-way acquisition until 2029, and the single point of access may result in additional vehicle conflicts in the area. Planning Board - July 11, 2024 ITEM: 2 - 2 - 13 Z24-12 Staff Report PB 7.11.24 Page 14 of 16  Required setbacks and transitional buffers provide additional mitigation for aesthetic effects along the property boundaries. Attached single family residential developments require transitional buffers where the site abuts single-family residential, consisting of vegetation, berms, or fences with vegetation. 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 Urban Mixed Use and General Residential Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered. Place Type Description Urban Mixed Use: promotes development of a mix of uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. General Residential: focuses on lower-density housing and associated civic and commercial services. Types of uses include single-family residential, low density multi-family residential, light commercial, civic, and recreational. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Planning Board - July 11, 2024 ITEM: 2 - 2 - 14 Z24-12 Staff Report PB 7.11.24 Page 15 of 16 Analysis The proposed townhome development is located along the Carolina Beach Road corridor, accessed by a service road. The site is located within the Monkey Junction Growth Node, identified as a high growth area in the Comprehensive Plan. The site is adjacent to a similar townhome development, the Townes at Park Place (Z18-16, approved in 2020). Generally, the Comprehensive Plan designates areas along major roadways for higher residential densities. This site is located in two place types, General Residential and Urban Mixed use and could be appropriately developed with either place type. The overall project density of 10.5 dwelling units per acre is slightly higher than the General Residential place types and is in line with other recently approved developments in the area. The General Residential requires a minimum of 8 units per acre, and the Urban Mixed Use place type has no minimum requirement for density. The adjacent similar townhome development is designed with a density of 10.4 units per acre. The RMF-M district and project are in line with the Comprehensive Plan’s recommendations for the Urban Mixed Use place type and the General Residential place type. The application provides for the type of use and density that is appropriate within this area and within the Monkey Junction Growth node. Consistency Recommendation The proposed RMF-M zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides the type of use and density appropriate for the area given the project’s location in the growth node and surrounding development patterns. Additionally, the mix of housing types within the development could provide housing choice and an appropriate transition from the commercial node to the single-family residences to the south and west. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations and technical review. The proposal is slightly higher than the General Residential place type recommendation, it is below the Urban Mixed-Use recommendation. It is also similar to neighboring development patterns in the area. In addition, while the proposal does provide for additional higher-density housing, its location in one of the County’s high growth nodes would generally recommend for more density to address the County’s need for more housing. 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 project provides the type of use and density appropriate for the area given the project’s location in the growth node and surrounding development patterns. I also find recommending APPROVAL of the rezoning request is reasonable and in the public Planning Board - July 11, 2024 ITEM: 2 - 2 - 15 Z24-12 Staff Report PB 7.11.24 Page 16 of 16 interest because the development would provide an appropriate transition from the commercial node to the single-family residences to the south and west. Existing Conditions to Remain in Effect: 1. Buildings will have a maximum height of three stories. Staff Proposed Condition: 2. The roadway connections to the Towns at Park Place shall be paved to the property line and gated as approved by the New Hanover County Fire Marshal’s Office. 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 project provides the type of use and density appropriate for the area given the project’s location in the growth node and surrounding development patterns, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project increases traffic and reduced interconnectivity to a single point of access on a service road. Planning Board - July 11, 2024 ITEM: 2 - 2 - 16 C arolin a B each R d N o r ma n dy D r A n t o i n e tt e D r Tisbury Ln R i c h e li e u R d Kiwi L n Co l l e g e R d CarolinaBeachRd DunhillLn Brewste r L n NormandyDr A ntoin ette Dr Site (CZD) RMF-M(CZD) RMF-M5322 Carolina Beach RoadZ24-12 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Zoning B-2 O&I R-10 R-15 RMF-M CZD Z24-12 Planning Board - July 11, 2024 ITEM: 2 - 3 - 1 H a nna Dr Vallie Ln Tisbury Ln C a r o l i n a B e a c h R d KiwiLn Co l l e g e R d Ca r o l i n a B e a c h R d Dunhill Ln Antoi n e tt e D r Brewster Ln Norma n d y Dr Ric h e li e u R d Nor m a n d y D r Anto i n e t t e D r Site (CZD) RMF-M(CZD) RMF-M5322 Carolina Beach RoadZ24-12 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Future Land Use GENERAL RESIDENTIAL URBAN MIXED USE Z24-12 Planning Board - July 11, 2024 ITEM: 2 - 4 - 1 Vallie Ln H a n n a D r Tisbury Ln B e a m o nLn Kiwi Ln Co l l e g e R d C arolina BeachRd JunctionParkDr DunhillLn Brewster Ln M otts C re e k R d Richelie u R d The KingsHwy Loma n L n NormandyDr ClaytonHornDairy R d Mcgir t P l Anto i n e t t e D r Site (CZD) RMF-M(CZD) RMF-M5322 Carolina Beach RoadZ24-12 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Nearby Properties Parcels within 510 feet Z24-12 Planning Board - July 11, 2024 ITEM: 2 - 5 - 1 Application Documents & Materials Planning Board - July 11, 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 Adam G. Sosne, President MHMJ, LLC adam@mcadamshomes.net Adam G. Sosne, Member adam@mcadamshomes.net Brightwater Development Company 213 Racine Drive, Suite 100 213 Racine Drive, Suite 100 Wilmington, NC 28403 Wilmington, NC 28403 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 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) 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. 5322 Carolina Beach Road R07600-006-042-000 & R07606-003-002-000 Total Parcel(s) Acreage 12.68+/- acres RMF-M (CZD) vacant UMX & General Residential RMF-M 12.68 +/- acres *Please see attached. 10.5 units per acre n/a DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 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): AM Peak Hour Trips: PM Peak Hour Trips: None. Townhomes - ITE Land Use Code 215 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 133 Townhomes 63 76 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 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. See attached. See attached. DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 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? See attached. DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 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 onthe Planning Board meeting agenda. The Planning Board may choose to continuethe 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 districtregulations or additional limitations on land that may be regulated by state law orlocal ordinance X X X X X X DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 6 Page 7 of 7 Conditional Zoning District Application – Updated 06-2023 Documentation on soil types and infiltration rates if underground stormwater facilitiesproposed One (1) digital PDF copy of ALL documents AND plans 7.Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1.Submit an application including all required supplemental information and materials; 2.Appear at public hearings to give representation and comments; 3.Act on my behalf without limitations with regard to any and all things directly or indirectly connected with orarising out of this application; and 4.Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. X X MHMJ, LLC, Adam Sosne, Member Print Name(s) Brightwater Development Company, Adam Sosne, President DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 7 3. Proposed Zoning, Use(s), & Narrative Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative. MHMJ, LLC as owner of approximately 12.68 acres known as 5322 Carolina Beach Road (R07600-006-042-000 & R07606-003-002-000) is requesting a conditional rezoning from the current CZD Residential Multi-Family Moderate Density (RMF-M) approval for 200 units to Residential Multi-Family Moderate Density (RMF-M) for a residential project consisting of 133 single family townhouses. The RMF-M district accommodates moderate density single-family and multi-family development with a density of 17 units/acre. This project is approximately 10.5 units/acre, reduced from the approved 15.8 units/acre. The RMF-M district is intended to function as a transition between intensive nonresidential development and higher density residential development, as well as providing a reasonable range of choice, type, and location of housing units. Adjacent properties are currently zoned B-2 and R-10 with a nearby property recently rezoned to RMF-M. The majority of the property is classified as Urban Mixed Use on the Future Land Use Map. The Urban Mixed Use place type is intended to promote a mix of retail, office, and residential at higher densities. While mixed uses are encouraged on the same, parcel, they can be adjacent or separated by lower traffic roads. The rezoning request for RMF-M would allow desired higher density residential to be placed adjacent or in close proximity to retail and office uses, creating a mixed-use area within the growth node. DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 8 Zoning Map Amendment Application for 5322Carolina Beach Road (R07600-006-042-000 & R07606-003-002-000) 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.? This proposed zoning change would be consistent with multiple goals and policies on the 2016 Comprehensive Plan. It would help to revitalize commercial corridors and blighted areas through infill development. It would promote environmentally friendly growth by clustering development and minimizing impacts on natural resources via infill and redevelopment and it would provide housing opportunities in a growth node close to transit, employment, and services. This zoning change would provide for a mix of housing types and mix of uses within the Monkey Junction Growth Node as contemplated by the 2016 Comprehensive Plan. The proposed change would also allow for a more modern development pattern of the area as the development would have to comply with all of New Hanover County’s land use and planning regulations including the traffic impact analysis mitigation as well as updated stormwater systems and landscaping. DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 9 Zoning Map Amendment Application for 5322Carolina Beach Road (R07600-006-042-000 & R07606-003-002-000) 2. How would the requested zoning change be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map? The majority of the property is classified as Urban Mixed Use on the Future Land Use Map. The Urban Mixed Use place type is intended to promote a mix of retail, office, and residential at higher densities. While mixed uses are encouraged on the same, parcel, they can be adjacent or separated by lower traffic roads. The rezoning request for RMF-M would allow desired higher density residential to be placed adjacent or in close proximity to retail and office uses, creating a mixed-use area within the growth node. The property is located within the Monkey Junction Growth Node at the intersection of S. College Road and Carolina Beach Road which is already a commercial center and has the opportunity to be a more dense area of development in the southern part of the county. This area is part of the unincorporated county but is in close proximity to city limits, making redevelopment with taller buildings and a more urban-design style appropriate. The proposed site plan corresponds with the townhomes to the north and provides a transition to the detached homes to the south. DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 10 Zoning Map Amendment Application for 5322Carolina Beach Road (R07600-006-042-000 & R07606-003-002-000) 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The property is currently zoned RMF-M (CZD) with a maximum density of 15.8 units/ acre; however, the property is undeveloped. RMF-M has a maximum density of 17 units/acre while the proposed project has a density of 15.8 units/acre. Adjacent properties are currently zoned B-2 and R-10 with a nearby property recently rezoned to RMF-M with a density of 10.4 units/acre. RMF-M on this property would serve as an appropriate transition between the zoning districts as well as comply with the Future Land Use Map classification of Urban Mixed Use within a Growth Node. DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 11 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 12 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 13 Legal Description for Lot R07606-003-002-000 BEGINNING AT THE NORTHEASTERN MOST CORNER, SAID CORNER IS THE COMMON CORNER WITH BRITTON, LLC DEED BOOK 5535, PAGE 2917. SAID CORNER IS LOCATED S 27°47’18” 0.85’ FROM A RIGHT-OF-WAY DISK, FROM POINT SO LOCATED. THENCE ALONG AND WITH SAID COMMON LINE WITH BRITTON, LLC S 63°42’07” W 186.65’ TO A POINT AT THE COMMON CORNER WITH GROVE PARK PROPERTIES, DEED BOOK 1384, PAGE 1369. THENCE WITH THE COMMON LINE WITH GROVE PARK PROPERTIES N 72°20’38” W 53.99’ TO A POINT. THENCE S 50°13’38” W 691.55’ TO A POINT AT THE COMMON CORNER WITH GARY MATAVA, DEED BOOK 5531, PAGE 2200, MAP BOOK 52, PAGE 262, THENCE WITH THE COMMON LINE WITH MATAVA N 39°46’21” W 228.02’ TO A POINT, THENCE N 50°16’19” E 150.36’ TO A POINT. THENCE N 50°09’52” E 321.03’ TO A POINT ON THE COMMON CORNER WITH MATAVA MAP BOOK 52, PAGE 262. THENCE CONTINUING WITH THE MATAVA LINE THE FOLLOWING 4 COURSES: S 39°46’29” E 178.25’ TO A POINT N 50°13’37” E 247.73’ TO A POINT S 72°20’38” E 61.22’ TO A POINT N 63°42’07” E 156.84’ TO A POINT ON THE RIGHT-OF-WAY, THENCE S 36°58’53” E 50.91’ TO THE POINT OF BEGINNING CONTAINING 3.00 ACRES MORE OR LESS. DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 14 PROPERTY DESCRIPTION OF AN EXISTSING 9.45 ACRE TRACT, MADE FROM TRACT "A", DAVID AND GARY MATVA SUBDIVISION, MAP BOOK 52, PAGE 262, DEED BOOK 5531, PAGE 2200, NEW HANOVER COUNTY REGISTRY, NEW HANOVER COUNTY, NORTH CAROLINA. COMMENCING AT AN EXISTING CONCRETE MONUMENT IN THE EASTERN LINE OF LOT 124, MARQUIS HILLS SUBDIVISION, SECTION 6, MAP BOOK 11, PAGE 42, THE WESTERNMOST CORNER OF THE BENNETT COMMERCIAL PROPERTIES, LLC TRACT 1, DEED BOOK 2793, PAGE 719, THENCE WITH THE SOUTHERN LINE OF SAID TRACT 1, SOUTH 71°34'17" EAST, 194.13 FEET TO A NEW REBAR (SET) AT THE WESTERNMOST CORNER OF A, MAP BOOK 52, PAGE 262, THE TRUE POINT OF BEGINNING. (POB}; THENCE WITH THE SOUTHEASTERN LINE OF THE BENNETT COMMERCIAL PROPERTIES, LLC TRACT 1, DEED BOOK 2793, PAGE 719, NORTH 50°11'36" EAST, 1,465.98 FEET TO AN EXISTING IRON ROD, THE WESTERNMOST CORNER OF TRACT B, MAP BOOK 52, PAGE 262, THENCE WITH THE SOUTHWESTERN LINE OF SAID TRACT B, SOUTH 39°48'51" EAST, 99.00 FEET TO AN EXISTING IRON ROD IN THE NORTHWESTERN LINE OF TRACT "A", CAROLINA JUNCTION RECOMBINATION, MAP BOOK 48, PAGE 190, DEED BOOK 6578, PAGE 850, THENCE WITH THE LINE OF SAID TRACT "A", SOUTH 50°15'30" WEST, 150.44 FEET TO A NEW REBAR (SET}, THENCE SOUTH 39°48' 49" EAST, 228.04 FEET TO AN EXISTING IRON ROD IN THE NORTHWESTERN LINE OF THE GROVE PARK PROPERTIES TRACT, DEED BOOK 1384, PAGE 1369, THENCE WITH THE LINE OF SAID TRACT, SOUTH 50°12'40" WEST, 1,112.99 FEET TO AN EXISTING IRON PIPE, THE SOUTHERNMOST CORNER OF TRACT A, MAP BOOK 52, PAGE 262, THENCE WITH THE SOUTHERN LINE OF SAID TRACT A, NORTH 71°37'25" WEST, 384.27 TO A NEW REBAR (SET}, THE TRUE POINT OF BEGINNING. (POB} THE DESCRIBED TRACT HAS A CALCULATED AREA OF 9.45 ACRES. ALL BEARINGS ARE REFERENCED TO NORTH CAROLINA GRID NORTH, NAO 1983 (2011). ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES. AS SHOWN ON A MAP OF SURVEY BY SEPI ENGINEERING AND CONSTRUCTION, INC. MADE IN AUGUST, 2022. TOGETHER WITH: Legal Description for ParcelR7600-006-042-000: DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 15 PROPERTY DESCRIPTION OF THE 10,391 SQUARE FOOT GAP AREA SOUTHWEST OF TRACT "A", DAVID AND GARY MATVA SUBDIVISION, MAP BOOK 52, PAGE 262, DEED BOOK 5531, PAGE 2200, NEW HANOVER COUNTY REGISTRY, NEW HANOVER COUNTY, NORTH CAROLINA. COMMENCING AT AN EXISTING CONCRETE MONUMENT IN THE EASTERN LINE OF LOT 124, MARQUIS HILLS SUBDIVISION, SECTION 6, MAP BOOK 11, PAGE 42, THE WESTERNMOST CORNER OF THE BENNETT COMERCIAL PROPERTIES, LLC TRACT 1, DEED BOOK 2793, PAGE 719, THENCE WITH THE SOUTHERN LINE OF SAID TRACT 1, SOUTH 71°34'17" EAST, 194.13 FEET TO A NEW REBAR (SET) AT THE WESTERNMOST CORNER OF TRACT A, MAP BOOK 52, PAGE 262, THE TRUE POINT OF BEGINNING. (POB); THENCE WITH THE SOUTHWESTERN LINE OF SAID TRACT A, SOUTH 71°37'25" EAST, 384.27 FEET TO AN EXISTING IRON PIPE IN THE NORTHWESTERN LINE OF OPEN SPACE B, CITRUS COVE SUBDIVISION, MAP BOOK 52, PAGE 105, THENCE WITH THE LINE OF SAID OPEN SPACE B, SOUTH 50°12'40" WEST, 29.21 FEET TO A POINT IN THE NORTHERN LINE OF BREWSTER PLACE, SECTION TWO, MAP BOOK 37, PAGE 216, THENCE WITH SAID NORTHERN LINE, NORTH 72°16'59" WEST, 387.05 FEET TO A POINT IN THE NORTHERN LINE OF BREWSTER PLACE, SECTION THREE, MAP BOOK 38, PAGE 312, THENCE A NEW LINE NORTH 50°11'36" EAST, 34.44 FEET TO A NEW REBAR (SET) THE WESTERNMOST CORNER OF TRACT A, MAP BOOK 52, PAGE 262, THE TRUE POINT OF BEGINNING. (POB) THE DESCRIBED PROPERTY HAS A CALCULATED AREA OF 10,391 SQUARE FEET. ALL BEARINGS ARE REFERENCED TO NORTH CAROLINA GRID NORTH, NAD 1983 (2011). ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES. AS SHOWN ON A MAP OF SURVEY BY SEPI ENGINEERING AND CONSTRUCTION, INC. MADE IN AUGUST, 2022. 2 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 16 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 5322 Carolina Beach Road R07600-006-042-000 & R07606-003-002-000 May 28, 2024 at 6:00 PM In-Person 5600 Carolina Beach Rd, Wilmington, NC 28412 The location is near the property proposed for the rezoning. See attached. DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 17 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 Signature of Applicant or Applicant’s Agent Print Name Date 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] ______May 17, 2024______________. A copy of the writtennotice 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. No changes were made to the proposal in response to issues and concerns at this time. Attendees were given the following email address for the opportunity to reach out with any questions or concerns: gordonroaddev.grovepark@gmail.com X X X X Adam Sosne DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 6/3/2024 Planning Board - July 11, 2024 ITEM: 2 - 7 - 18 Issues and Concerns Discussed at Meeting The attendees asked the Development Team questions about the project regarding traffic, stormwater, and tree removal. Traffic: The Development Team explained that the new project would not require a TIA due to the trip generation and that the project would be required to obtain driveway permits where NCDOT will review and list any required improvements. Stormwater: The Development Team explained current drainage patterns, the expected stormwater system, and that a stormwater system is required to be reviewed and constructed according to a permit after review by the appropriate agencies. Tree Removal: The Development Team explained that a tree survey was completed, and a permit will be required for tree removal. The county code requires trees in buffer areas and a landscape plan to supplement the current vegetation. A few attendees from Citrus Cove requested a change to review the tree survey and a list of the trees bring saved in relation to their property lines. One neighbor expressed concerns over burning of trees on site. The attendees also raised general questions about the changes from previous site plan and why the project had to be reapproved. The Development Team explained that the reapproval is required by county code. Attendees asked about for sale or rent and price points. It is too early in the process to know. Attendees asked about building height. The Development Team is proposing three story townhouses. Another neighbor asked for more transition along the southern property line by restricting the height of those townhomes to two stories. One neighbor asked if a fence would be provided. The Development Team is considering the request; however, there is a drainage ditch surrounding the property and tress which need to be retained. Attendees asked if there would be a connection to Citrus Cove. There is no connection to Citrus Cove. One neighbor asked about the dumpster. There will be individual trash since no longer apartment buildings. She was pleased and thought it would reduce concerns over visual impact and smells. There were questions about wetlands and other environmental studies. The Development Team explained all required studies must be completed and reviewed by the staff. Some attendees stated they like this plan better than the one approved as it does not have surface parking lots and the townhome community is a better transition to their neighborhood of Citrus Cove. The Development Team provided information on the county's process and timeline for review of a conditional rezoning request. DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 19 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 20 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 21 OWN1 Owner_Address Owner_City AHNEMAN CRAIG J GEORGETTE E 808 BREWSTER LN WILMINGTON, NC 28412 ALFORD SHARON LEE 902 DUNHILL LN WILMINGTON, NC 28412 ALVAREZ LUCIANO J JR CHARLA M D 717 BREWSTER LN WILMINGTON, NC 28412 AMATO LAUREN 813 TISBURY LN WILMINGTON, NC 28412 ANDOLSUN COSKUN PO BOX 2101 MANASSAS, VA 20108 AUSTIN HEIDI L WILLIAM F JR 711 BREWSTER LN WILMINGTON, NC 28412 BARRCO LLC 422 RIDGE RD WILMINGTON, NC 28412 BELL SANDRA KAYE 215 ANTOINETTE DR WILMINGTON, NC 28412 P3 LAF TOWNES AT PARK PLACE LP 3500 DUPONT HWY S DOVER, DE 19901 BENTON CAROLYN J ETAL 328 HORSETAIL CT CALABASH, NC 28467 BEVILL ROBIN W 807 TISBURY LN WILMINGTON, NC 28412 BLAYLOCK JAMES W III DANA J 909 KIWI LANE WILMINGTON, NC 28412 BOLTZ SAVANNAH W 717 TISBURY LN WILMINGTON, NC 28412 BREWSTER PLACE HOA ASSOC INC 2002 EASTWOOD RD 202 WILMINGTON, NC 28403 BRITTON LLC 1430 COMMONWEALTH DR SUITE 102 WILMINGTON, NC 28403 BROWN DERRICK KRISTIE 5000 SUN COAST DR WILMINGTON, NC 28411 BRUCE JONATHAN KAYLA 913 DUNHILL LN WILMINGTON, NC 28412 CEDAR AKITA MOUNTAIN LLC TRUSTEE 3225 MCLEOD DR SUITE 777 LAS VEGAS, NV 89121 CHINNIS SHARON P 922 KIWI LN WILMINGTON, NC 28412 CITRUS COVE HOA INC 1202 LAKE PARK BLV N CAROLINA BEACH, NC 28428 COSSETTE JUDITH A 808 TISBURY LN WILMINGTON, NC 28412 DATEMA MORGAN J ETAL 811 BREWSTER LN WILMINGTON, NC 28412 DAVIS JAMES PATRICK 706 BREWSTER LN WILMINGTON, NC 28412 DAY TARA ETAL 5504 TANGELO DR WILMINGTON, NC 28412 DICKEY TODD L ETAL 226 ANTOINETTE DR WILMINGTON, NC 28412 DUCSAY DANIELLE M 713 TISBURY LN WILMINGTON, NC 28412 BARGESSER ROBERT 921 KIWI LN WILMINGTON, NC 28412 DUNN RICHARD A DENISE M 306 ASHWORTH MANOR DR WILMINGTON, NC 28412 DYER KELLY F 718 TISBURY LN WILMINGTON, NC 28412 EDENS MELISSA A CHARLES B 5937 SWEET GUM DR WILMINGTON, NC 28409 EMBLER CHARLES A II HALEIGH C TURNER 815 BREWSTER LN WILMINGTON, NC 28412 ESCALERA JOSE I DIANE 918 KIWI LN WILMINGTON, NC 28412 FISCHER SHIRLEY A 810 TISBURY LN WILMINGTON, NC 28412 FLEWWELLIN REBA A 718 BREWSTER LN WILMINGTON, NC 28412 FRANCE ROY R JACQULINE H PO BOX 16165 WILMINGTON, NC 28408 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 22 FROST STEVE M SHARON C 5512 TANGELO DR WILMINGTON, NC 28412 GAGNON DONALD A ETAL 711 TISBURY LN WILMINGTON, NC 28412 GARY ANDREW E 715 TISBURY LN WILMINGTON, NC 28412 GARZA SINAI 913 KIWI LN WILMINGTON, NC 28412 GRAY DEBRA LYNN 229 ANTOINETTE DR WILMINGTON, NC 28412 GRIMES CANDACE ETAL 819 BREWSTER LN WILMINGTON, NC 28412 GROVE PARK PROPERTIES 6424 RIVER VISTA DR WILMINGTON, NC 28412 GRUBBS EMORY NICHOLAS III 817 TISBURY LN WILMINGTON, NC 28412 BYRD RUSSELL L 109 ANTOINETTE DR WILMINGTON, NC 28412 HAMON BROOKS 206 ANTOINETTE DR WILMINGTON, NC 28412 HARNED DONNA M 800 TISBURY LN WILMINGTON, NC 28412 HARRIS WILLIAM A 714 BREWSTER LN WILMINGTON, NC 28412 HEUBACH CHARLENE A ROGER A 918 DUNHILL LN WILMINGTON, NC 28412 COTTON MICHAEL VICTORIA W 815 TISBURY LN WILMINGTON, NC 28412 HOLDERMAN STEPHANIE DANIELLE 5600 CHOP WAY W WILMINGTON, NC 28412 HUFFMAN ROBERT FRANKLIN 37 ANTOINETTE DR WILMINGTON, NC 28412 JACK KALEN P 210 ANTOINETTE DR WILMINGTON, NC 28412 JACKSON HELEN J ETAL 821 BREWSTER LN WILMINGTON, NC 28412 SWELL HOMES LLC 119 DEEPWOODS RDG ROCKY POINT, NC 28457 JACKSON RONALD L JR ET AL 910 KIWI LN WILMINGTON, NC 28412 JERNIGAN ROBERT E CHARLENE D 26 ANTOINETTE DR WILMINGTON, NC 28412 K & S CRISP PROPERTIES LLC 4301 FORWALT PL WILMINGTON, NC 28409 KERR BEVERLY ANN 705 TISBURY LN WILMINGTON, NC 28412 KERR MICHAEL S 814 BREWSTER LN WILMINGTON, NC 28412 KINLAW ROMONA B 810 BREWSTER LN WILMINGTON, NC 28412 KNEEBONE JOEL R LATAWNYA 804 TISBURY LN WILMINGTON, NC 28412 KOOTMAN DAVID 3875 MONROE ST CARLSBAD, CA 92008 LEE JESSICA A LOUIS C ETAL 11980 VALLEY VIEW DR NOKESVILLE, VA 20181 LOGAN WILLIAM R DIANNE A REV TRUST 100 RICHELIEU RD WILMINGTON, NC 28412 LYNRICH ASSOCIATES LLC 5102 OLD MYRTLE GROVE RD WILMINGTON, NC 28409 MADDEN TERRY 114 ANTOINETTE DR WILMINGTON, NC 28412 MALE THOMAS C SR 30 ANTOINETTE DR WILMINGTON, NC 28412 MANCARI JON VINCENT 811 TISBURY LN WILMINGTON, NC 28412 MARN KAITLYN M 118 ANTOINETTE DR WILMINGTON, NC 28412 MARSHBURN LORI M 804 BREWSTER LN WILMINGTON, NC 28412 MARTIN JOSEPH CLARE M 1 APPLE BLOSSOM LN NEW FAIRFIELD, CT 6812 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 23 MARTIN PHILLIP J II SARAH D 715 BREWSTER LN WILMINGTON, NC 28412 MATAVA GARY J ETAL 4913 BERRY DR WILMINGTON, NC 28412 MCGOVERN MARIE BERNADETTE 806 TISBURY LN WILMINGTON, NC 28412 MCINTYRE KATHRYN 110 ANTOINETTE DR WILMINGTON, NC 28412 MEE KIMBERLY FAY 901 BREWSTER LN WILMINGTON, NC 28412 MHMJ LLC 6626 GORDON RD WILMINGTON, NC 28411 MIDAS PROPERTIES MANAGEMENT LLC 2206 BRANDERWOOD DR GREENSBORO, NC 27407 MILLIKEN KEVIN P 308 ANTOINETTE DR WILMINGTON, NC 28412 MIMS LARRY E LESLEY M 716 BREWSTER LN WILMINGTON, NC 28412 MINSHEW EDWARD MARCI 1 INDUSTRIAL DR SNOW HILL, NC 28580 MINTZ VONNIE RAY 36 ANTOINETTE DR WILMINGTON, NC 28412 MULLEN PATRICK J DONNA MARIE 25 ANTOINETTE DR WILMINGTON, NC 28412 NATIONAL RETAIL PROPERTIES LP 450 ORANGE AVE S SUITE 900 ORLANDO, FL 32801 NGO HUY 906 KIWI LN WILMINGTON, NC 28412 NGO HUY H ETUX 5103 ESCUDERO SAN ANTONIO, TX 78261 NUGENT MARSHALL TAYLER 222 ANTOINETTE DR WILMINGTON, NC 28412 OLEARY KENNETH R JR SANDY M 102 ANTOINETTE DR WILMINGTON, NC 28412 OLIVE CASSANDRA S ETAL 6216 STRAWFIELD DR WILMINGTON, NC 28405 PACKER TARA E 707 TISBURY LN WILMINGTON, NC 28412 PADILLA RAFAEL E OLGA M 712 BREWSTER LN WILMINGTON, NC 28412 PALUSO ROXANNE PATRICK J 710 BREWSTER LN WILMINGTON, NC 28412 PASTOREK DANA M 713 BREWSTER LN WILMINGTON, NC 28412 PEPPER RUBY 117 ANTOINETTE DR WILMINGTON, NC 28412 PERRYMAN MATTHEW N ANNA W 10809 BALLENTINE LN GLEN ALLEN, VA 23059 PINER JEREMY 507 CHARLOTTE AVE CAROLINA BEACH, NC 28428 POWELL DANNY M MARCIA L 5220 CAROLINA BEACH RD WILMINGTON, NC 28412 PRINCE CHARLES D LINDA M 5604 CHOP WAY W WILMINGTON, NC 28412 PROKOPOVICH MARISSA ETAL 816 BREWSTER LN WILMINGTON, NC 28412 RACKLEY DEBORAH 704 BREWSTER LN WILMINGTON, NC 28412 REISIG MICHAEL 910 DUNHILL LN WILMINGTON, NC 28412 REN HANYU 800 BREWSTER LN WILMINGTON, NC 28412 REYNOLDS ROBERT ANN O 237 ANTOINETTE DR WILMINGTON, NC 28412 RHEIN MICHAEL LESLIE K 705 BREWSTER LN WILMINGTON, NC 28412 RIGGS JERRY T JR 105 ANTOINETTE DR WILMINGTON, NC 28412 RILP NC2 LP 11995 EL CAMINO REAL SAN DIEGO, CA 92130 ROBANCHO RODOLFO Y 1216 SWEETCLOVER DR WAKE FOREST, NC 27587 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 24 ROSEN ANNETTE DEE 720 BREWSTER LN WILMINGTON, NC 28412 ROUTION ROGER WAYNE MARY GAITHER 906 DUNHILL LN WILMINGTON, NC 28412 RUE WILLIAM 713 SEA CASTLE CT WILMINGTON, NC 28412 SAPP KELLI A RICHARD G 708 BREWSTER LN WILMINGTON, NC 28412 SASSER DON W REVOCABLE TR ETAL 1509 MARSH COVE LN WILMINGTON, NC 28409 SAWICKI STEVEN D AMY L 237 NORMANDY DR WILMINGTON, NC 28412 SCOTT KERI M JASON T 723 BREWSTER LN WILMINGTON, NC 28412 SIZEMORE RALPH B MELINDA A 914 KIWI LN WILMINGTON, NC 28412 SOFIELD STEPHEN B II JANET L 33 ANTOINETTE DR WILMINGTON, NC 28412 SPIKE FREDERICK WAYNE KAREN E 925 DUNHILL LN WILMINGTON, NC 28412 SPIVEY TAMMY M 202 ANTOINETTE DR WILMINGTON, NC 28412 SPROLES BRANDON EDWARD MELISSA 2420 LAKESIDE CIR WILMINGTON, NC 28401 STEELEY MICHAEL P AMBER M 309 ANTOINETTE DR WILMINGTON, NC 28412 STURTZ CARLIE N 813 BREWSTER LN WILMINGTON, NC 28412 SUAREZ RAYMOND ALLEN ETAL 802 TISBURY LN WILMINGTON, NC 28412 SULLIVAN JUANITA 5305 MARQUETTE DR WILMINGTON, NC 28412 SUMMER SAMUEL ETAL 922 DUNHILL LN WILMINGTON, NC 28412 TAYLOR MARK A CHRISTINE M 917 DUNHILL LN WILMINGTON, NC 28412 TAYLOR PATSY JOHNNY L 113 ANTOINETTE DR WILMINGTON, NC 28412 TEUCHTLER THOMAS F JR 5508 TANGELO DR WILMINGTON, NC 28412 THOMPSON KATHRYN L 917 KIWI LN WILMINGTON, NC 28412 THORNTON MIRIAM P 709 TISBURY LN WILMINGTON, NC 28412 VALENTINE GLEN 803 TISBURY LN WILMINGTON, NC 28412 WALTERS LEWIS S HRS 3 JOSEPHINE ST LISBON FALLS, ME 4252 WATKINS JOYCE C 302 ANTOINETTE DR WILMINGTON, NC 28412 WESNER WILLIAM N CHRISTINE M 3106 SCARBOROUGH DR WILMINGTON, NC 28409 WHITAKER SCOTT A MICHELLE LEE 230 ANTOINETTE DR WILMINGTON, NC 28412 WILLS MARGARET A 233 NORMANDY DR WILMINGTON, NC 28403 WILSON JANET G 914 DUNHILL LN WILMINGTON, NC 28412 WILSON MELISSA M 905 KIWI LN WILMINGTON, NC 28412 WOODS PRUDENCE J REV TRUST 106 ANTOINETTE DR WILMINGTON, NC 28412 WORMAN PHILLIP H LINDA L 29 ANTOINETTE DR WILMINGTON, NC 28412 WRIGHT JOHNNIE L 305 ANTOINETTE DR WILMINGTON, NC 28412 WUNDER SUSAN C ETAL 707 BREWSTER LN WILMINGTON, NC 28412 YOUNT TONI TIMOTHY K 901 KIWI LN WILMINGTON, NC 28412 Z A SNEEDEN LLC 1015 ASHES DR SUITE 205 WILMINGTON, NC 28405 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 25 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 26 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 27 GSP CONSULTING 6626 Gordon Road, Unit C Wilmington, North Carolina 28411 tel: 910-442-7870 fax: 910-799-6659 May 17, 2024 RE: Community Meeting for Conditional Rezoning Request for property at 5322 Carolina Beach Road We invite you to join us for a community meeting for the proposed conditional rezoning of property located at 5322 Carolina Beach Road, Wilmington, North Carolina and identified as New Hanover County Parcels: R07600-006-042-000 & R07606-003-002-000. The recently updated zoning of the property will remain RMF-M (Residential Multi-Family Moderate Density). The updated site plan replaces the former apartments with townhomes, reducing the proposed density from 15.8 units/acre to 10.5 units/acre. Please reference the attached illustration of the concept site plan. We welcome the opportunity to discuss the proposed project with you at the community meeting where we will give a brief presentation and answer any questions. The community meeting will be held on May 28, 2024 from 6:00-7:00 p.m. at the Best Western Plus located at 5600 Carolina Beach Road, Wilmington, North Carolina, 28412. If you cannot attend the community meeting, you can send questions and comments to gordonroaddev.grovepark@gmail.com. We look forward to seeing you at 6:00 p.m. on May 28, 2024 at: Best Western Plus 5600 Carolina Beach Road Wilmington, NC 28412 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 28 \ No.I '& 6I� � a I� u I� g VICINITY MAP (NTS) / m [ l l � l� -------'-- II II II II IF "ii IF "ii IF "ii IF "ii IF "ii 1 11 II II II I II I II I 11 I 11 I r l 111 1 11111 Ill Ill Ill Ill 111 II: ;ii "'�11 '=----------------. ) l II II II II II II II 11 11 11 II II� - - -- - -----=----��--------=.µ=-----=="' ""'=-=--I IL__)I IL _)II IIL _)II IIL _) IIL I � u·52)1 Li:=---------------7---------"��'�,��";,F---- --======-" =====� -== -===-� _'=----=' '=-----= '====-=="" -=-= �u,�• I Ii II �----·..N50"13'14"E 1465.66' zatNG: R-15 -=--= = = = = = = = - - ---=---------�----- -___,,, = = = = -- ------======================== -�;- �� ,$1> & ;,..��\ •'W;iP! 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ETAL I ----511 I � PID: RD7600-006-04J-000 • L..., -DB 5531 PG 2200 ZONNG:: 8-2 � \ \ �, ... >. \...... ..1-.. 1-.. 1-.. 1•• \ \' �""'�·"/ \ ... 1--1-.. 1• .. l-,!l'-I \\\ '-' \ ,ti'· �/ .. � �. ,$1> \ l••l••l••l•,.l•.,h'!L-l ' �"-�'�\ it.�' ♦ ♦•• l 1--1-""'--i-'--/ /I / ✓,, ___ w, I / \ / / \ \ -I} ��\ � \ >::, / / \� � \ '/ Revision �1��­'1<5· �r,, \\\\ /\ \ • • ,✓, ', , r :' rr=::�� �1�. . .. � • • •1 :� � ! _jtlll!PHl 1dtil � �A[�:"' \ \ • I; IIEIENTION..,., 111 • : • '-'--'_=_=_=_=_;;._ r::--.-� I II ·p J' II I iii- - -- - -- ---��rw --S50'1!1'27"W 381.5]' -• • t 00' r ••. •_ • • .v . • fl 1 • • j �EWSTER PLACE HOA ASSOC., IN 9 02" • • • • • • • • • • � - • • . • h .... -• · ·::\«;: PIO: R07600-006-123-000 • N/J OAY, T A lTAL TRu: ZCJIING: R-10 PIO: R07600-006-290-000 DB !1918 PG� DB 5253 PG 1872 P3 5492 FIG M11 ZONltG: R-10 �ING: R-10 ZONIIG: R-10 _It. -�GROVE PARK PROPERTIES PIO; R07600-006-041-000 DB -44.36 PG 54 7 ZONIIG: R-15 '----;<-� � '-NATIONAL RETAl'tFliiirnnES, LP " \ PIO: R07606:;cw_::oo3-00Q '-\l L I I HW I '"-�· PO '" '-� t • )"'''°' B-2 '--._ ��-? t JW:11\, 247.58' S2 I =-=-=:._' ... .. ______ _.S51>'1""'"1'""'-' .. '--'�-112':,-,_ _____________________ � / / __/ // \I I \ //I /)/ /� ··-· 1/... ✓ IJ-tL .. __, l I \ '\ '\, \\ \ �\ \\'\\ DB 2904 PG 1913 CITRUS 00\E HOA, INC. Pl R07600-006-292-\ PIO: R07600-006-293-00D PII I\ 55 v·<s-_ =-----�-�ss ss. � -�, ifu..c. PID: R0761 003-006-000 DB PG 2199 ING: 8-2 / . � I,-. I I I '\\ / I Date I By 111 De,igne, G5P Drawn By GSP License# P-0718 \� -� \ \ �\ \ �\\\-I} /�,�,\ / Scale , ·.so· II Date Mo 2024 Job No. 2022-0012 IIIWilmin�ton (/c,S / c,S/\\t \ :,, ,, ss----\.-----re�- <\I,_,:/1/ 1/ /1/ � / / ' � �--� �\\ �� WESTGROVE New Hanover County North Carolina / ss �6 -ss = -( \ \ � -- OVERALL PRELIMINARY PLAN \ \ PREPARED FOR: Brightwater Development Company 213 Racine Drive, Suite 100 Wilmington, NC 28403 910-799-3006 /// \ /\I I I I I GRAPHIC SCALE BO 0 40 1 inch = 80 ft. GSP CONSULTING, PLLC ENGI NEERING 6626 Gordon Road Unit C Wilmington, North Carolina 28411 tel: 910-442-7870 fax: 910-799-6659 BO Sheet No. C-1 160 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 29 OPEN SPACE DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 30 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 31 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Planning Board - July 11, 2024 ITEM: 2 - 7 - 32 Concept Plan Planning Board - July 11, 2024 ITEM: 2 - 8 - 1 Planning Board - July 11, 2024 ITEM: 2 - 9 - 1 Public Comments In Support 0 Neutral 0 In Opposition 0 Planning Board - July 11, 2024 ITEM: 2 - 10 - 1 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 7/11/2024 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 - NOTE: The applicant has requested this item be con5nued to the August 1, 2024 Planning Board mee5ng. Request by Brandy Hatcher with Grace Walk Inc, applicant and property owner, to rezone approximately one acre located at 6760 Carolina Beach Road from the R-15, Residen5al District to the R-5, Residen5al Moderate-High Density District for four new single family detached dwelling units. BRIEF SUMMARY: The applicant is reques#ng to rezone approximately 1 acre from the R-15, Residen#al district to the R-5, Residen#al Moderate-High Density district to accommodate an exis#ng house and four new detached single-family homes. The applicant is proposing to develop five residen#al lots as part of a performance residen#al subdivision. The new lots will be accessed by a new paved access road from Carolina Beach Road. This road primarily runs along the southern property line which will be parallel with the transi#onal buffer and site access of an adjacent commercial and mul#-family development. The exis#ng home will use the exis#ng sep#c system, the project also proposes two new sep#c systems that will be shared by the four new homes. The new homes are proposed to be served by a well on the southwestern corner of the property, shown on the concept plan. The applicant is proposing a performance residen#al subdivision, which does not have minimum lot size requirements but does require a 20' periphery setback to adjacent property lines outside the development. 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 wells would be developed at low densi#es. Since that #me, some public and private water and sewer services have become available to the surrounding area; however, the Carolina Beach Road corridor remains primarily zoned for low density housing. The R-5 district was established to provide lands that accommodate moderate to high density residen#al development on smaller lots with a compact and walkable development pa9ern. The R-5 district allows a range of housing types and can be developed in conjunc#on with a non-residen#al district to create a ver#cal mixed-use development pa9ern as well as serve as a transi#on between mixed-use or commercial development and low to moderate density residen#al development. It is es#mated the site would generate approximately 1 AM and 2 Pm peak hour trips if developed under current zoning. The proposed (CZD) R-5 development is es#mated to generate 4 AM and 5 PM peak hour trips, increasing the number of peak hour trips by approximately 3 AM and 3 PM. The proposed project is located along a major arterial highway that is currently nearing capacity. The Carolina Beach Road – Myrtle Grove Road intersec#on is an important signalized intersec#on in the Carolina Beach Road corridor. The Planning Board - July 11, 2024 ITEM: 3 proposed project’s peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis, however the TIA for the adjacent convenience store and mul#-family development requires construc#on of a southbound right turn lane on Carolina Beach Road along the frontage of the subject parcel. To travel north from the site vehicles would need to cross three lanes to immediately enter the leC turn lane at Myrtle Grove Road to make a U-turn at the stoplight. Alterna#vely, vehicles would travel 1,200 feet south to make a U-turn at Hill Valley Walk. The site has an exis#ng driveway, if approved, the addi#onal dwellings will require addi#onal review through the NCDOT driveway permit process. Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School and Ashley High School. Based on a generalized historic genera#on rate, staff would es#mate the increase in homes would result in approximately 1 addi#onal student than generated under current zoning. The 2016 Comprehensive Plan designates this property as Community Mixed Use which focuses on small-scale, compact, mixed use development pa9erns that serve all modes of travel and act as an a9ractor 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 proposed (CZD) R-5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the R-5 is closer line with the density and housing type recommenda#ons for the Community Mixed Use place type. 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 site’s constraints limit the type and density of development, and the proposal does not provide a transi#on from the highway corridor to the west. However, the proposed (CZD) R-5 zoning district and use are compa#ble with the Community Mixed Use place type. The applicant has requested this item be con#nued to the August 1, 2024 regular Planning Board mee#ng in order to revise the concept plan to meet performance subdivision requirements. As a result, Staff recommends con#nuing the item as requested. I move to con5nue the proposed rezoning to the August 1, 2024 regular mee5ng in order to allow the applicant to make changes to the concept plan to reflect performance subdivision requirements. Should the Board find considera#on of the submi9ed concept plan appropriate, staff recommends denial of the proposal and suggests the following mo#on: 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 project is in line with the density and housing type recommenda#ons for the Community Mixed Use place type, I find recommending DENIAL reasonable and in the public interest because the proposal does not meet the minimum requirements for a performance residen#al subdivision. Alterna5ve Mo5on for APPROVAL (if based on informa#on presented at the public hearing or other considera#on 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 the project is in line with the density and housing type recommenda#ons for Planning Board - July 11, 2024 ITEM: 3 the Community Mixed Use place type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project would increase the county’s housing stock. Staff proposed condi5ons for approval: 1. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. 2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be considered a substan#al devia#on from the approved concept plan. Changes to the concept plant to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A sep#c and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the sep#c systems and well and any future improvements. Environmental Health approval of the sep#c systems and well shall be required prior to issuance of construc#on permits for the residen#al units. ATTACHMENTS: Descrip#on Z24-15 Script PB Z24-15 Staff Report PB Z24-15 Zoning Map Z24-15 Future Land Use Map Z24-15 Mailout Map Initial Application Cover Sheet Z24-15 Application Concept Plan Cover Sheet Z24-15 Concept Plan Public Comments Cover Sheet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - July 11, 2024 ITEM: 3 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z24-15) Request by Brandy Hatcher with Grace Walk Inc, applicant and property owner, to rezone approximately one acre located at 6760 Carolina Beach Road from the R-15, Residential District to the R-5, Residential Moderate-High Density District for four new single family detached 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 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. The applicant has requested this item be continued to the August 1, 2024, regular Planning Board meeting in order to revise the concept plan to meet performance subdivision requirements. As a result, Staff recommends continuing the item as requested. I move to continue the proposed rezoning to the August 1, 2024 regular meeting in order to allow the applicant to make changes to the concept plan to reflect performance subdivision requirements. Should the board find consideration of the submitted concept plan appropriate, staff recommends denial 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 the project is in line with the density and housing type recommendations for the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal does not meet the minimum requirements for a performance residential subdivision. Planning Board - July 11, 2024 ITEM: 3 - 1 - 1 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 the project is in line with the density and housing type recommendations for the Community Mixed Use place type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project would increase the county’s housing stock. Staff proposed conditions for approval: 1. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. 2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be considered a substantial deviation from the approved concept plan. Changes to the concept plant to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the septic systems and well and any future improvements. Environmental Health approval of the septic systems and well shall be required prior to issuance of construction permits for the residential units. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional R-5 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - July 11, 2024 ITEM: 3 - 1 - 2 Z24-15 Staff Report PB 7.11.2024 Page 1 of 15 STAFF REPORT FOR Z24-15 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-15 Request: Rezoning to a Conditional R-5 district Applicant: Property Owner(s): Brandy Hatcher Brandy Hatcher & John Blackburn Location: Acreage: 6760 Carolina Beach Road 1 acre PID(s): Comp Plan Place Type: R08200-001-027-000 Community Mixed Use Existing Land Use: Proposed Land Use: 1 single-family residence 5 detached single-family residences Current Zoning: Proposed Zoning: R-15, Residential (CZD) R-5, Residential Moderate High- Density SURROUNDING AREA LAND USE ZONING North Residential (Mobile Home Park) R-15 East Convenience Store with Fuel Sales (across Carolina Beach Road) R-15 South Future Convenience Store with Fuel Sales & Multi- Family Development Amenity Area (CZD) B-2 & (CZD) RMF-M West Future Multi-Family Development (CZD) RMF-M Planning Board - July 11, 2024 ITEM: 3 - 2 - 1 Z24-15 Staff Report PB 7.11.2024 Page 2 of 15 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer Public water and sewer services are not currently available through CFPUA. The project proposes private well and septic utilities which require review and approval through New Hanover County Environmental Health. Public water and private sewer utilities through Aqua and CFPUA may become available in the future with utility extensions from neighboring development. 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 Conservation resource maps indicate pocosin wetlands may exist on the property. Pocosin conservation requirements do not apply to sites less than 5 acres in size. Historic No known historic resources Archaeological No known archaeological resources Planning Board - July 11, 2024 ITEM: 3 - 2 - 2 Z24-15 Staff Report PB 7.11.2024 Page 3 of 15 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • The applicant is proposing to develop five residential lots to accommodate an existing house and four new detached single-family homes. • The applicant’s concept plan intends for this development to be a performance residential subdivision. • Because the concept plan does not reflect performance subdivision requirements, the applicant has requested to continue this item to the August 1, 2024 regular meeting. • Performance residential subdivisions do not have minimum lot size requirements, but do require a 20’ periphery setback from adjacent property lines outside of the development. • The new lots will be accessed by a new paved access road from Carolina Beach Road. • The access road primarily runs along the southern property line which will be parallel with the transitional buffer and site access of an adjacent commercial and multi-family development. Ca r o l i n a B e a c h R o a d Proposed Detached Single- Family Homes Ma t c h l i n e Ma t c h l i n e Existing Single- Family Home Proposed Septic System Proposed Well Existing Septic Planning Board - July 11, 2024 ITEM: 3 - 2 - 3 Z24-15 Staff Report PB 7.11.2024 Page 4 of 15 • Public water and sewer are not currently available to the site. Public water is located on the eastern side of Carolina Beach Road. The adjacent convenience store under development to the south proposes to extend public water; however, if homes are developed before the water is extended, the proposed homes will not be required to connect to the utility. • There are no public sewer utilities in the area. Private sewer utilities through Aqua may be available in the future through utility extensions to serve the convenience store. The existing home will use the existing septic system, the project also proposes two new septic systems that will be shared by the four new homes. • A condition has been included guaranteeing shared access and maintenance easements for the septic tanks and well. • Under the proposed R-5 zoning district, buildings have a maximum height of 40 feet. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, some public and private water and sewer services have become available to the surrounding area; however, the Carolina Beach Road corridor remains primarily zoned for low density housing. • As currently zoned, the subject site would allow a maximum of 2 dwelling units. • While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential development such as the RMF-M zoning district approved for a new convenience store and multi-family dwellings immediately to the south. • The R-5 district was established to provide lands that accommodate moderate to high density residential development on smaller lots with a compact and walkable development pattern. The R-5 district allows a range of housing types and can be developed in conjunction with a non-residential district to create a vertical mixed-use development pattern as well as serve as a transition between mixed-use or commercial development and low to moderate density residential development. • Transitional buffers are not required for single-family residential developments. • 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 - July 11, 2024 ITEM: 3 - 2 - 4 Z24-15 Staff Report PB 7.11.2024 Page 5 of 15 AREA DEVELOPMENTS Planning Board - July 11, 2024 ITEM: 3 - 2 - 5 Z24-15 Staff Report PB 7.11.2024 Page 6 of 15 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 2 single-family dwelling units. PROPOSED ACCESS Primary Access Carolina Beach Road via a right-in, right-out driveway. EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Type of Roadway NCDOT major arterial Roadway Planning Capacity (AADT) 41,369 Planning Board - July 11, 2024 ITEM: 3 - 2 - 6 Z24-15 Staff Report PB 7.11.2024 Page 7 of 15 Latest Traffic Volume (AADT) 36,000 Latest WMPO Point-in-Time County (DT) 38,756 Current Level of Congestion Nearing 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 1 4 +3 PM Peak Hour Trips 2 5 +3 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The proposed project is located along a major arterial highway that is currently nearing capacity. The Carolina Beach Road – Myrtle Grove Road intersection is an important signalized intersection in the Carolina Beach Road corridor. The proposed project’s peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis, however the TIA for the adjacent convenience store and multi-family development requires construction of a southbound right turn lane on Carolina Beach Road along the frontage of the subject parcel. To travel north from the site vehicles would need to cross three lanes to immediately enter the left turn lane at Myrtle Grove Road to make a U-turn at the stoplight. Alternatively, vehicles would travel 1,200 feet south to make a U-turn at Hill Valley Walk. The site has an existing driveway, if approved, the additional dwellings will require additional review through the NCDOT driveway permit process. ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Lord’s Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, approximately 85% of the site consists of Class I (Suitable) soils. The remaining 15% at the rear of the site consists of Class III (Severe Limitation) soils. The project proposes to use a private well and shared septic systems which require review and approval by New Hanover County Environmental Health. • While the soils map indicates Class III soils in the vicinity of the westernmost proposed septic systems, a percolation test approved by Environmental Health will be required prior to installation of the septic system. Planning Board - July 11, 2024 ITEM: 3 - 2 - 7 Z24-15 Staff Report PB 7.11.2024 Page 8 of 15 • The proposed site is under the impervious surface threshold that requires a stormwater management system by New Hanover County Engineering. While a specific stormwater management system is not required, a drainage plan must be submitted and approved by county Engineering prior to construction. 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 2 dwelling units would be permitted under the current R-15 zoning base density, and 5 units could potentially be developed under the proposed zoning for an increase of 3 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 1 additional student than 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. Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development 1 residential unit Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 2 residential unit Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Proposed Zoning 5 residential units Approximate** Total: 1 (1 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. Planning Board - July 11, 2024 ITEM: 3 - 2 - 8 Z24-15 Staff Report PB 7.11.2024 Page 9 of 15 **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. 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 - July 11, 2024 ITEM: 3 - 2 - 9 Z24-15 Staff Report PB 7.11.2024 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-5 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. Natural areas and critical environmental features are enhanced and protected. Performance subdivisions are required to retain a minimum 20% open space. The proposed development will be required to retain approximately 8,712 square feet of open space on the site. Planning Board - July 11, 2024 ITEM: 3 - 2 - 10 Z24-15 Staff Report PB 7.11.2024 Page 11 of 15 Representative Developments Representative Developments of Single-Family Residences: Old Cape Cod Old Cape Cod Planning Board - July 11, 2024 ITEM: 3 - 2 - 11 Z24-15 Staff Report PB 7.11.2024 Page 12 of 15 Context and Compatibility • The property is located at the intersection of Carolina Beach Road and Myrtle Grove, an area experiencing a mix of commercial and higher density residential growth. • The trend for recent rezonings and development in this area is commercial uses adjacent to Carolina Beach Road, with higher-density residential to the west. • Those projects included two convenience stores with fuel stations, both with denser housing (attached single-family and multi-family) to the west, and a self-storage facility with multi- family housing to the west. • The proposed homes in this development are located closer to the rear of the property, near the planned amenity center for the multi-family development to the south. 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 - July 11, 2024 ITEM: 3 - 2 - 12 Z24-15 Staff Report PB 7.11.2024 Page 13 of 15 Analysis The proposed development is at the Carolina Beach Road and Myrtle Grove Road intersection, an area experiencing a mix of commercial and higher density residential growth. This intersection is trending towards commercial development along the roadway corridor, transitioning to higher density residential with diverse housing types, including attached single-family and multi-family development. The proposed rezoning is for a moderately higher density residential district that proposes to keep the existing single-family dwelling along Carolina Beach Road and adds 4 new dwellings which more closely resembles existing single-family detached development patterns in the area. While the R-5 district is considered a Moderate-High density zoning district, 5 dwelling units per acre is below the maximum density allowed under performance residential development and while within the recommended range, is a third of the maximum recommended density of the Community Mixed Use place type. Though staff would have preferred a transition of commercial use to the planned higher-density residential to the west, the dimensions of the site and lack of available utilities limit the potential scope of development on the parcel. Additional conditions related to pedestrian easements along Carolina Beach Road increase walkability for the immediate area. Consistency Recommendation The proposed (CZD) R-5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the R-5 is closer in line than current R-15 zoning with the density and housing type recommendations for the Community Mixed Use place type. Planning Board - July 11, 2024 ITEM: 3 - 2 - 13 Z24-15 Staff Report PB 7.11.2024 Page 14 of 15 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations and technical review. The site’s constraints limit the type and density of development, and the proposal does not provide a transition from the highway corridor to the west. However, the proposed (CZD) R-5 zoning district and use are compatible with the Community Mixed Use place type. The applicant has requested this item be continued to the August 1, 2024, regular Planning Board meeting in order to revise the concept plan to meet performance subdivision requirements. As a result, Staff recommends continuing the item as requested. I move to continue the proposed rezoning to the August 1, 2024 regular meeting in order to allow the applicant to make changes to the concept plan to reflect performance subdivision requirements. Should the board find consideration of the submitted concept plan appropriate, staff recommends denial 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 the project is in line with the density and housing type recommendations for the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal does not meet the minimum requirements for a performance residential subdivision. Planning Board - July 11, 2024 ITEM: 3 - 2 - 14 Z24-15 Staff Report PB 7.11.2024 Page 15 of 15 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 the project is in line with the density and housing type recommendations for the Community Mixed Use place type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project would increase the county’s housing stock. Staff proposed conditions for approval: 1. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. 2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be considered a substantial deviation from the approved concept plan. Changes to the concept plant to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the septic systems and well and any future improvements. Environmental Health approval of the septic systems and well shall be required prior to issuance of construction permits for the residential units. Planning Board - July 11, 2024 ITEM: 3 - 2 - 15 C a r o l i n a B e a c h R d Cupola D rTidalwalkDr Seaview Rd C a r o l i n a B e a c h R d Myrtle G r o v e R d Site (CZD) R-5R-156760 Carolina Beach RdZ24-15 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Zoning B-1 I-2 R-5 R-10 R-15 RMF-M CZD Z24-15 Planning Board - July 11, 2024 ITEM: 3 - 3 - 1 C a r o l i n a B e a c h R d Tid al w a lk D r Seaview Rd C a r o l i n a B e a c h R d Myrtl e G r o v e R d Site (CZD) R-5R-156760 Carolina Beach RdZ24-15 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION Z24-15 Planning Board - July 11, 2024 ITEM: 3 - 4 - 1 New Hanover County NC Site (CZD) R-5R-156760 Carolina Beach RdZ24-15 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Nearby Properties Z24-15 Parcels within 510 feet Planning Board - July 11, 2024 ITEM: 3 - 5 - 1 Initial Application Documents & Materials Planning Board - July 11, 2024 ITEM: 3 - 6 - 1 Planning Board - July 11, 2024 ITEM: 3 - 7 - 1 Planning Board - July 11, 2024 ITEM: 3 - 7 - 2 Planning Board - July 11, 2024 ITEM: 3 - 7 - 3 Planning Board - July 11, 2024 ITEM: 3 - 7 - 4 Planning Board - July 11, 2024 ITEM: 3 - 7 - 5 Planning Board - July 11, 2024 ITEM: 3 - 7 - 6 Planning Board - July 11, 2024 ITEM: 3 - 7 - 7 Planning Board - July 11, 2024 ITEM: 3 - 7 - 8 Planning Board - July 11, 2024 ITEM: 3 - 7 - 9 Planning Board - July 11, 2024 ITEM: 3 - 7 - 10 Rezoning meeting: 4/19/24 Community meeting summary, The meeting was at the Best Western in Monkey Junction 4/19/24. In their meeting room. There was one gentleman who attended and was a landowner that asked about the use. Of the rezoning. He was happy with the proposal and looking forward to changes. Had a lady came in and was quiet and just listened. Meeting was an hour and went well. Planning Board - July 11, 2024 ITEM: 3 - 7 - 11 Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements Answer- R-5 Site map attached. • For residential uses, include the maximum number, height, and type. Answer- R-5 permit allows 8 units per acre. 25feet maximum height, single-family units. • subdivision boundaries Answer- road in and same road out, will have spaces for traffic to move off. 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. No wetlands. • A narrative of the existing vegetation on the subject site including the approximate Answer-The tree will be in the center of the front yard DBH 4.4’ expected 4’ Red Maple 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. A- Land drains very well, less than an acre developing. • Approximate location of regulated wetlands. A- Flood maps of NHC do not show any wetlands. Planning Board - July 11, 2024 ITEM: 3 - 7 - 12 Concept Plan Planning Board - July 11, 2024 ITEM: 3 - 8 - 1 CAROLINA BRACH RD. 540.00' 35'' FRONT SETBACK IPF 85.00' 540.00' GARAGE 28X56 10' SIDE SETBACK 10' SIDE SETBACK 67.00' 20' REAR SETBACK 85.00' WELL 16' X 30' HOUSE 16' X 30' HOUSE 16' X 30' HOUSE 16' X 30' HOUSE 26.00'26.00'26.00' SEPTIC SEPTIC HOUSE 28X29 14' WIDE #57 STONE W/ 2' MOW STRIP 30.00' 16' X 20' PARKING EXISTING EXISTING 16' X 20' PARKING 16' X 20' PARKING 16' X 20' PARKING OPEN SPACE 5' DECK5' DECK5' DECK5' DECK 14' WIDE #57 STONE APPROX ROAD LOCATION APPROX ROAD LOCATION SITE PLAN JOE BLACK SHEET: SCALE: 6760 CAROLINA BEACH RD. WILMINGTON, N.C. 28409 DRAWINGS PROVIDED BY: DATE: PROJECT DESCRIPTION: SHEET TITLE: A-1 6/21/2024 SITE PLAN 11 SCALE: 1" = 20.0' Planning Board - July 11, 2024 ITEM: 3 - 9 - 1 Public Comments In Support 0 Neutral 0 In Opposition 0 Planning Board - July 11, 2024 ITEM: 3 - 10 - 1 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 7/11/2024 Regular DEPARTMENT: Planning PRESENTER(S): Amy Doss, Associate Planner CONTACT(S): Amy Doss; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SUBJECT: Preliminary Forum Special Use Permit Request (S24-02 - Seabreeze Single Family Dwelling) – Request by Nathan Christy with Future Homes, applicant, on behalf of Terrilyn and Celecia Phillips, property owners, for a Special Use Permit for the use of Single-Family Detached Dwelling in a B-2, Regional Business district on a 0.19-acre parcel of land located at 1029 S. Seabreeze Road. BRIEF SUMMARY: The applicant is reques$ng a Special Use Permit for one single-family dwelling on an approximately 0.19-acre parcel zoned B-2, Regional Business. Single family dwellings are permi/ed in the B-2 district with the approval of a Special Use Permit and compliance with addi$onal standards listed in the Unified Development Ordinance (UDO). Single-family developments in the B-2 district are required to meet the same standards as mul$-family developments. In addi$on, Sec$on 4.3.2.A.2.b.1 states dwelling units must be part of a mixed-use development established to provide innova$ve opportuni$es for an integra$on of diverse but compa$ble uses into a single development that is unified by dis$nguishable design features and ameni$es and walkways to increase pedestrian ac$vity. The applicant is proposing a detached single-family dwelling that will include a home office. Proposed condi$ons include maintaining the exis$ng vegeta$ve buffer along the side of the property, and the live oak located toward the rear of the property will remain undisturbed. The property has full access onto Seabreeze Road, an NCDOT maintained local road. As currently zoned, it is es$mated the site would generate approximately 5 AM and 4 PM peak hour trips if developed commercially. The proposed use would result in an es$mated 2 AM and 2 PM trips, decreasing the es$mated number of peak hour trips by approximately 3 AM and 2 PM peak hour trips. The es$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 Land Use Plan classifies the subject property as Community Mixed Use which focuses on small-scale, compact, mixed use development pa/erns that serve all modes of travel and act as an a/ractor 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$al. STRATEGIC PLAN ALIGNMENT: Planning Board - July 11, 2024 ITEM: 4 RECOMMENDED MOTION AND REQUESTED ACTIONS: As a preliminary forum the Planning Board does not make a decision or recommenda$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, - 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 S24-02 PB Script S24-02 Zoning Map S24-02 Future Land Use Map S24-02 Mailout Map S24-02 Application Coversheet S24-02 Application S24-02 Concept Plan Coversheet S24-02 Concept Plan S24-02 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - July 11, 2024 ITEM: 4 SCRIPT for SPECIAL USE PERMIT Application PRELIMINARY FORUM (S24-02) Request by Nathan Christy with Future Homes, applicant, on behalf of Terrilyn and Celecia Phillips, property owners, for a special use permit for the use of Single-Family Detached Dwelling in a B-2, Regional Business district on a 0.19-acre parcel of land located at 1029 S. Seabreeze Road. 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 - July 11, 2024 ITEM: 4 - 1 - 1 Saltspray Ln  Seabreeze Rd North Roscoe Free m a n A v   Seabree z e R d S o u t h Annie Lee Ln  New Hanover County NC Site Single-Family Detached DwellingB-21029 Seabreeze Road SS24-02 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Zoning CB B-2 R-5 R-7 R-15 FF CZD S24-02Planning Board - July 11, 2024 ITEM: 4 - 2 - 1 Saltspray Ln  Seabreeze Rd North RoscoeFreeman Av  Seabree z e R d S o u t h Annie Lee Ln  New Hanover County NC Site Single-Family Detached DwellingB-21029 Seabreeze Road SS24-02 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION S24-02 Planning Board - July 11, 2024 ITEM: 4 - 3 - 1 Seabreeze Road North Saltspray Lane  RoscoeFreeman Ave n u e   Seabree z e R o a d S o u t h New Hanover County NC Site Single-Family Detached DwellingB-21029 Seabreeze Road SS24-02 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Nearby Properties Parcels within 510 feet S24-02 Planning Board - July 11, 2024 ITEM: 4 - 4 - 1 Initial Application Documents & Materials Planning Board - July 11, 2024 ITEM: 4 - 5 - 1 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 1 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 2 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 3 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 4 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 5 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 6 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 7 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 8 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Zoning B-2 Proposed Single-Family Detached Dwelling Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 9 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Conceptual Plan Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 10 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Specimen Live Oak Buffer Planning Board - July 11, 2024 ITEM: 4 - 6 - 11 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Buffer Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 12 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Zoning B-2 Property Description Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 13 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Property Survey Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 14 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Lot Info Tree Retention Live Oak is not in buildable area of property and should remain undisturbed and protected. Specimen Tree Specimen Tree Planning Board - July 11, 2024 ITEM: 4 - 6 - 15 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments AE Flood Zone Planning Board - July 11, 2024 ITEM: 4 - 6 - 16 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments AE Flood Zone Elevation Study Water and Sewer Services Planning Board - July 11, 2024 ITEM: 4 - 6 - 17 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Elevation Requirements Elevation Study Planning Board - July 11, 2024 ITEM: 4 - 6 - 18 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments SEABREEZE AREA B2 Proposed use poses no adverse affect to scale and character of existing properties and uses. Commercial Uses 1113 Elm Street is 1 of 3 Existing residential properties in B2 Seabreeze. The second residential property at 1124 S Seabreeze Rd is used commercially as a bed and breakfast. The 3rd is unoccupied at 1136 S Seabreeze. Planning Board - July 11, 2024 ITEM: 4 - 6 - 19 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments SEABREEZE AREA B2 Former B2 lots rezoned in 2012 to Residential OLD B-2 Area of Seabreeze Current B-2 Area of Seabreeze Planning Board - July 11, 2024 ITEM: 4 - 6 - 20 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments A Look Back at B2 Zoning Planning Board - July 11, 2024 ITEM: 4 - 6 - 21 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Future Land Use Planning Board - July 11, 2024 ITEM: 4 - 6 - 22 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Future Land Use Map Planning Board - July 11, 2024 ITEM: 4 - 6 - 23 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Planning Board - July 11, 2024 ITEM: 4 - 6 - 24 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Character of Mixed Use Development Single-Family Detached Dwellings are included in the makeup of mixed- use development. Planning Board - July 11, 2024 ITEM: 4 - 6 - 25 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Character of Mixed Use Development Planning Board - July 11, 2024 ITEM: 4 - 6 - 26 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments Addressing and Mitigating Hardships A Buffer is One way to mitigate an arising hardship from a change in setback requirements. NHC Tree and Landscape Manual Planning Board - July 11, 2024 ITEM: 4 - 6 - 27 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments UDO Table 4.2.1 Principal Use Table Planning Board - July 11, 2024 ITEM: 4 - 6 - 28 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments B2 Full View Present Planning Board - July 11, 2024 ITEM: 4 - 6 - 29 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments B2 Planning Board - July 11, 2024 ITEM: 4 - 6 - 30 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments No Significant Natural Heritage Areas Planning Board - July 11, 2024 ITEM: 4 - 6 - 31 :Phillips: 1029 S Seabreeze Rd. 28409 1Application 2Application 3Application 4Application 5Application Simple Steps © 2024 Supplemental Attachments QUASI JUDICIAL EVIDENTIARY MATTERS: QUASI JUDICIAL Planning Board - July 11, 2024 ITEM: 4 - 6 - 32 Concept Plan Planning Board - July 11, 2024 ITEM: 4 - 7 - 1 Planning Board - July 11, 2024 ITEM: 4 - 8 - 1 Public Comments In Support 0 Neutral 1 In Opposition 0 Planning Board - July 11, 2024 ITEM: 4 - 9 - 1 1 Doss, Amy From:noreply@civicplus.com Sent:Monday, July 1, 2024 7:07 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject:Online Form Submission #11968 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 JOHN Last Name FORD Address 1074 S SEABREEZE RD City WILMINGTON State NC Zip Code 28409 Email jmford139@msn.com Please select the case for comment. PB Meeting - S24-02 - Seabreeze Single Family Dwelling What is the nature of your comment? Neutral Public Comment Would love to see a home built on this site and add to the community at Seabreeze. There is not a lot of positive things happening in the area but I believe this would help move the community in the right direction. Upload supporting files Planning Board - July 11, 2024 ITEM: 4 - 9 - 2 2 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 - July 11, 2024 ITEM: 4 - 9 - 3