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HomeMy WebLinkAbout12-5-24 PB Agenda PacketNEW HANOVER COUNTY PLANNING BOARD AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC 28401 Members of the Board Jeffrey P Petroff, Chair |Donna Girardot, Vice-Chair Paul Boney|Hansen Ma'hews |Jeffrey Stokley Jr. | H. Allen Pope |Colin J. Tarrant Rebekah Roth, Director| Ken Vafier, Planning Manager DECEMBER 5, 2024 6:00 PM Call to Order Pledge of Allegiance Approval of Minutes REGULAR ITEMS OF BUSINESS The Planning Board may consider substanal changes in these peons as a result of objecons, debate, and discussion at the meeng, including rezoning to other classificaons. 1 Public Hearing Rezoning Request (Z24-14) – Request by Cindee Wolf with Design Solu;ons, applicant, on behalf of Polly Cribb and Shirly Norris, property owners, to rezone approximately 2.67 acres located at 6208, 6216, and 6218 Carolina Beach Road from the R-15, Residen;al and the B-2, Regional Business districts to (CZD) B-2 for the use of Retail Sales, General for a grocery store, and other limited uses. 2 Public Hearing Rezoning Request (Z24-11)– Request by Douglas Brandon Paluck with P&P Enterprises, applicant and property owner, to rezone approximately 0.41 acres of a 0.82-acre parcel located at 5406 Castle Hayne Road from the R-15, Residen;al District to the (CZD) B-2, Regional Business District for the use of Bar / Nightclub, Retail Sales, General and Outdoor Recrea;on Establishment. 3 Public Hearing Text Amendment Request (TA24-05) - Request by New Hanover County Planning & Land Use to amend Sec;on 4.4.4, Table 5.1.2.A, Sec;on 5.4.5, Sec;on 5.4.6, Sec;on 2.3, Sec;on 4.3.2, and Table 4.2.1 of the New Hanover County Unified Development Ordinance (UDO) related to Accessory Dwelling Units, parking ra;os for warehouses, parking lot landscaping, street-yard requirements, and mixed-use residen;al development. OTHER ITEMS 1 Adop;on of a Revised 2025 Planning Board Mee;ng Calendar Planning Board - December 5, 2024 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 12/5/2024 Regular DEPARTMENT: Planning PRESENTER(S): Amy Doss, Associate Planner - Development Review CONTACT(S): Amy Doss; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z24-14) – Request by Cindee Wolf with Design Solu9ons, applicant, on behalf of Polly Cribb and Shirly Norris, property owners, to rezone approximately 2.67 acres located at 6208, 6216, and 6218 Carolina Beach Road from the R-15, Residen9al and the B-2, Regional Business districts to (CZD) B-2 for the use of Retail Sales, General for a grocery store, and other limited uses. BRIEF SUMMARY: The applicant is reques%ng to rezone three parcels totaling approximately 2.67 acres from R-15, Residen%al District and B-2 Regional Business District to a (CZD) B-2, Regional Business District, to develop a food market with a nursery and retail sales. The applicant is proposing to relocate the exis%ng Biggers Market on Carolina Beach Road to the subject site. Shown on the site plan are a 16,000 square foot food market and retail shop, covered porch, covered pla7orm, and pedestrian ameni%es. Stormwater is proposed to be located underground, beneath the parking lot. Addi%onally, a public access easement is being dedicated along Carolina Beach Road. The R-15 district in this area was established in 1971. At the %me, the purpose of the R-15 district was to encourage low density residen%al development. Two of the three lots, 6208 and 6216 Carolina Beach Road, were rezoned to B-2 in 1981. The B-2 district encourages businesses that serve commuter pass-by traffic. It is es%mated that the site would generate approximately 38 AM and 105 PM peak hour trips if developed under current zoning. The proposed (CZD) B-2 development is es%mated to generate 109 AM and 188 PM peak hour trips, increasing the number of peak hour trips by approximately 71 AM and 83 PM. The proposed project is located along a major arterial highway that is currently over capacity. .The applicant has a TIA in progress with approval not an%cipated un%l mid-December. If approved, the TIA requirements include the extension of several turn lanes in the vicinity of the site, including the southbound right turn lane and the southbound U-turn lane at Carolina Beach Road and Cathay Road. Addi%onal required improvements are described in the staff report. The full TIA can be accessed here. There is one State Transporta%on Improvement Project (STIP) to convert the intersec%on of Carolina Beach Road and College Road to a con%nuous flow intersec%on The Carolina Beach Road corridor has seen a gradual conversion of residen%ally zoned parcels to commercial and mixed-use projects. This proposal for a food market and retail sales is intended to serve the surrounding community and will act as a transi%on between the Carolina Beach Road corridor and neighboring residen%al development. The 2016 Comprehensive Plan designates this property as Community Mixed-Use place type. The Community Mixed- Planning Board - December 5, 2024 ITEM: 1 Use place type 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. The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed mix of uses is in line with the recommenda%ons of the Community Mixed Use place type and the proposed development would act as an appropriate transi%on between the highway and exis%ng residen%al development. 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. This por%on of the Carolina Beach Road corridor has been designated as Community Mixed Use. The plan proposes neighborhood level services that can reduce the need for addi%onal longer trips on Carolina Beach Road and serve as an appropriate transi%on between the highway corridor and neighboring residen%al development. The proposed (CZD) B-2 rezoning is generally CONSISTENT with the Comprehensive Plan because the proposed mix of uses is in line with the recommenda%ons of the Community Mixed Use place type. As a result, Staff recommends APPROVAL of the proposal. Please refer to the Script for suggested and alterna9ve mo9on language. ATTACHMENTS: Descrip%on Z24-14 PB Script Z24-14 PB Staff Report Z24-14 Zoning Map Z24-14 Future Land Use Map Z24-14 PB Mailout Map Initial Application Cover Sheet Z24-14 Application Concept Plan Cover Sheet Z24-14 Concept Plan Traffic Impact Analysis Cover Sheet Z24-14 TIA Executive Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - December 5, 2024 ITEM: 1 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z24-14) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Polly Cribb and Shirly Norris, property owners, to rezone approximately 2.67 acres located at 6208, 6216, and 6218 Carolina Beach Road from the R-15, Residential and the B-2, Regional Business districts to (CZD) B-2 for the use of Retail Sales, General for a grocery store, and other limited uses. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s and supporters’ presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s and supporters’ rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with a motion and vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed mix of uses is in line with the recommendations of the Community Mixed Use place type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project would act as an appropriate transition between the highway and existing residential development, with the following conditions: Proposed Conditions: 1. Street yard landscaping will be installed along Carolina Beach Road to meet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. Planning Board - December 5, 2024 ITEM: 1 - 1 - 1 2. Two (2) staggered rows of Leyland Cypress or other evergreen shrub that grows to a minimum height of 15-20 feet will be planted along the rear boundary within the 35- foot setback in addition to the required Type A Opaque Buffer Option 1 which required a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 3. No commercial or customer activity may occur within the 35-foot rear setback except maintenance and any future pedestrian access that may be provided to the adjacent Sellars Cove community as shown on the concept plan. 4. Exterior lighting including luminaries and security lighting shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.C Full Cut-off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (12) feet. 5. Permitted uses are limited to: · Commercial Kitchen, Catering · Restaurant · Food Market · Retail Nursery · Retail Sales, General 6. A minimum 20-foot-wide public access easement shall be provided along the road front parallel with Carolina Beach Road for public bicycle and pedestrian use. 7. Significant trees shown on the concept plan shall be permanently retained. 8. The driveway access stub shown on the northern boundary of the concept plan shall be paved to the property line to allow for future interconnectivity. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type. I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project does not provide an adequate transition to neighboring residential development. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) B-2 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ Planning Board - December 5, 2024 ITEM: 1 - 1 - 2 Z24-14 Staff Report PB 12.5.2024 Page 1 of 15 STAFF REPORT FOR Z24-14 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-14 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Polly Cribb and Shirly Norris Location: Acreage: 6208, 6216, and 6218 Carolina Beach Road 2.67 PID(s): Comp Plan Place Type: R07900-001-011-000, R07900-001-010-000, R07900-001-316-000 Community Mixed Use Existing Land Use: Proposed Land Use: One Detached Single-Family Dwelling Commercial Kitchen for Catering, Restaurant, Food Market, Retail Nursery, General Retail Sales Current Zoning: Proposed Zoning: R-15, Residential and B-2, Regional Business (CZD) B-2, Regional Business SURROUNDING AREA LAND USE ZONING North Restaurant, Retail, Single Family Residential, and the Sellars Cove Community Pool B-2, CZD R-10, and R-15 East Single Family Residential and a former plant nursery R-15 and CZD B-1 South Attached Single Family Residential CZD R-10 and R-15 West Multi-Family Residential CZD R-10 Planning Board - December 5, 2024 ITEM: 1 - 2 - 1 Z24-14 Staff Report PB 12.5.2024 Page 2 of 15 ZONING HISTORY April 7, 1971 6208, 6216, and 6218 Carolina Beach Rd initially zoned R-15 (Area 4) June 1, 1981 6208 and 6216 Carolina Beach Road rezoned to B-2 November 6, 2023 - Denied Z23-18 request to rezone 6218 Carolina Beach Road to (CZD) B-2 COMMUNITY SERVICES Water/Sewer Public water and sewer are not currently available to the site. The applicant has a Letter of Intent from AQUA for private water and sewer service. Public sewer may become available in the future through a sewer main extension to serve the Pierson’s Pointe residential development. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Myrtle Grove Station Schools Bellamy Elementary, Murray Middle, and Ashley High Schools Recreation Hanover Pines Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources. Archaeological No known archaeological resources Planning Board - December 5, 2024 ITEM: 1 - 2 - 2 Z24-14 Staff Report PB 12.5.2024 Page 3 of 15 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups · The applicant is proposing to relocate the existing Biggers Market on Carolina Beach Road less than a mile north to a new permanent location. · The plan includes an 11,000 square foot enclosed food market and retail building with a 4,900 square foot covered porch on the northern and western sides of the building facing away from Carolina Beach Road. · The site also includes a detached covered platform behind the market, a dumpster on the southern boundary, and associated parking. Sidewalks and pedestrian crossings are included between the parking lots and market. · A public access easement is provided parallel to Carolina Beach Road for future bicycle and pedestrian infrastructure. The concept plan also includes an option for future pedestrian Planning Board - December 5, 2024 ITEM: 1 - 2 - 3 Z24-14 Staff Report PB 12.5.2024 Page 4 of 15 connectivity to Sellars Cove. A condition has been included guaranteeing the public access easement and pedestrian infrastructure as shown on the concept plan. · Two underground stormwater areas are included beneath the parking lots. A soils analysis in the application indicates the site is suitable for an underground system. Stormwater systems must be reviewed permitted by New Hanover County Engineering and the State Department of Environmental Quality (NCDEQ). · Several significant trees are identified along Carolina Beach Road and adjacent property boundaries. A condition has been included guaranteeing retention of the significant trees. · In addition to the use of Food Market and Retail Sales, General, a condition has been included limiting the allowed uses to Commercial Kitchen, Catering, Restaurant, and Retail Nursery. · Access to the site is right-in / right-out only onto Carolina Beach Road. The concept plan also includes a road stub to adjacent property to the north that could be used for future access. A Traffic Impact Analysis is currently under review by NCDOT and the WMPO. 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 housing served by private septic and wells would be developed at low densities. · Since that time, the Carolina Beach Road corridor has transitioned to higher density residential and mixed commercial districts from the Monkey Junction growth node to Halyburton Parkway. · 6208 and 6216 Carolina Beach Road were rezoned to B-2 in 1981. The purpose of the B- 2 district is to provide for the proper site layout and development of larger business uses, including big box stores and automobile dealers. It is also designed for the appropriate location and design of auto-oriented uses that meet the needs of the motoring public or rely on pass-by traffic. · In addition to the required lighting standards listed in Section 5.5 of the UDO, the applicant has included a condition limiting the height of light posts to 12 feet. · A Type A Opaque buffer is required along the northern and western property lines bordering residentially zoned parcels. In addition to the Type A buffer standards the applicant has provided a condition for two additional rows of evergreen plantings to supplement the Type A buffer requirements. · If approved, the project would be subject to the Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan as defined by the UDO would be allowed. Planning Board - December 5, 2024 ITEM: 1 - 2 - 4 Z24-14 Staff Report PB 12.5.2024 Page 5 of 15 AREA DEVELOPMENTS Planning Board - December 5, 2024 ITEM: 1 - 2 - 5 Z24-14 Staff Report PB 12.5.2024 Page 6 of 15 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 4 single-family dwelling units and approximately 8,000 square feet of retail space. PROPOSED ACCESS Primary Access Carolina Beach Road via a right-in, right-out only driveway EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Type of Roadway Major Arterial Roadway Planning Capacity (AADT) 41,369 Planning Board - December 5, 2024 ITEM: 1 - 2 - 6 Z24-14 Staff Report PB 12.5.2024 Page 7 of 15 Latest Traffic Volume (AADT) 44,229 Latest WMPO Point-in-Time County (DT) 48,748 Current Level of Congestion Over Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS U-5790 – Monkey Junction Intersection and Roadway Improvements (March 20, 2029 Right-of-way acquisition and utilities) - Project to convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection. - The project includes widening Carolina Beach Road south of the intersection of Sanders Road. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation PM Peak Hour Trips 38 109 +71 Saturday Peak Hour Trips 105 188 +83 TRAFFIC IMPACT ANALYSIS (TIA) New developments that are anticipated to generate more than 100 trips during any peak hour period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. A team of NCDOT, WMPO, and County planning staff work with an applicant’s traffic engineers to develop the scope for the TIA, including the study area, the traffic data which must be collected, trip distribution, and the developments and background traffic growth that must be analyzed. This document is used to identify off-site transportation improvements required to mitigate the impacts of the development and must be approved by the WMPO and NCDOT. Approval Date TIA is currently under review by NCDOT and the WMPO. Final approval anticipated in mid-December. Development Proposal Analyzed 15,900 square foot market, retail, and nursery Study Intersections - Carolina Beach Road (US 421) and Condo Club Drive (non-system) - Carolina Beach Road (US 421) and South Ridge Boulevard (non-system) - Carolina Beach Road (US 421) and Cathay Road (SR 1276) - Carolina Beach Road (US 421) and Site Access (right-in / right-out) Planning Board - December 5, 2024 ITEM: 1 - 2 - 7 Z24-14 Staff Report PB 12.5.2024 Page 8 of 15 Trip Generation - 109 PM peak hour trips - 188 Saturday peak hour trips Traffic Data Collection - Carolina Beach Road at South Ridge Boulevard on May 31, June 1, June 2, 2024 - Carolina Beach Road at Condo Club Drive on May 31, June 1, June 2, 2024 - Carolina Beach Road at Cathay Road on May 31, June 1, June 2, 2024 Trip Distribution and Assignment - 50% to and from the north on Carolina Beach Road - 40% to and from the south on Carolina Beach Road - 10% to and from the west on Cathay Road Approved Developments & Background Growth - There are no nearby TIAs close enough to this project that would be included in the analysis. - There are no committed improvements in the area. - Full Build – 2025 - Growth Rate – 1% per year Planning Board - December 5, 2024 ITEM: 1 - 2 - 8 Z24-14 Staff Report PB 12.5.2024 Page 9 of 15 Improvements Carolina Beach Road and South Ridge Boulevard - Extend northbound left turn / U-turn lane to provide 700 feet of storage plus appropriate deceleration and taper. Carolina Beach Road and Condo Club Drive - Extend existing southbound right turn lane to the northernmost Za Pie driveway. Carolina Beach Road and Cathay Road - Extend southbound U-turn lane to provide 400 feet of storage plus appropriate deceleration and taper. - Adjust signal timings. Carolina Beach Road and Site Access - Right turn lane extension required for Carolina Beach and Condo Club Drive will serve the site access. - Design site drive according to applicable NCDOT standards. SUMMARY The proposed project is located along a major arterial highway that is currently over capacity; and the Monkey Junction intersection improvement project has been delayed, with right-of-way acquisition and utility work not scheduled until March 20, 2029. Although it is an increase in trips for this specific site, it is only a shift in where existing trips are happening on the same corridor because Biggers Market is already located on Carolina Beach Road. The TIA is still in progress with approval not anticipated until mid-December. ENVIRONMENTAL · The property is not within a Natural Heritage Area or Special Flood Hazard Area. · The property is within the Everette Creek watershed. · Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable) soils. · The existing house is served by private well and septic. The applicant has a Letter of Intent from AQUA for private water and sewer service. The Pierson Point residential development is anticipated to extend a public sewer line that may also provide opportunity for future sewer connection. Planning Board - December 5, 2024 ITEM: 1 - 2 - 9 Z24-14 Staff Report PB 12.5.2024 Page 10 of 15 OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis Through planned growth and development, residents have access to their basic needs. The strategic objective to achieve this desired outcome includes providing residents with space to accommodate small businesses that support the local economy. The proposed CZD B-2 rezoning will allow businesses that could support the surrounding community to locate in a transitional area along a major roadway corridor and in close proximity to a number of households. A business-friendly environment that promotes growth, agility, and collaboration. The plan aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable new businesses. Planning Board - December 5, 2024 ITEM: 1 - 2 - 10 Z24-14 Staff Report PB 12.5.2024 Page 11 of 15 Representative Developments Representative Developments of Single Family Residential: Manassas Drive Sweet Gum Drive Planning Board - December 5, 2024 ITEM: 1 - 2 - 11 Z24-14 Staff Report PB 12.5.2024 Page 12 of 15 Representative Development of Proposed Retail and Food Market Biggers Market – Carolina Beach Road Biggers Market – Market Street Planning Board - December 5, 2024 ITEM: 1 - 2 - 12 Z24-14 Staff Report PB 12.5.2024 Page 13 of 15 Context and Compatibility · Biggers Market is currently located approximately 1 mile south at 6458 Carolina Beach Road. The market is operated out of a commercial sized tent along with accessory structures. · The rezoning request would relocate the existing Biggers Market to a permanent structure similar to their existing Market Street location. · Both locations are on Carolina Beach Road and are near existing homes. The new location would provide additional benefits such as dedicated parking areas, enhanced buffers adjacent to residential uses on the western boundary, and an enclosed building for year- round operation. · The Carolina Beach Road corridor has seen increased interest in higher density residential development such as the Towns at Market Place north of the subject site, and the Winds Ridge and Myrtle Landing Townhomes approximately one mile south. · The project proposes a condition limiting the list of allowed uses to those intended to serve surrounding neighborhood such as food market and general retail sales. · The Carolina Beach Road corridor has also seen a gradual conversion of residentially zoned parcels to commercial and mixed-use projects. As proposed, the project would serve as an appropriate transition between the Carolina Beach Road corridor and neighboring residential development. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Planning Board - December 5, 2024 ITEM: 1 - 2 - 13 Z24-14 Staff Report PB 12.5.2024 Page 14 of 15 Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Analysis The property is located at 6208, 6216, and 6218 Carolina Beach Road. The Carolina Beach Road corridor has seen increased interest in commercial and higher density residential development such as the recently built Habitat Re-store and residential development Watermark, which was not approved. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes a mix of residential and commercial uses intended for areas of higher growth. This type of neighborhood business is proposed along a growing commercial corridor and in front of a higher density residential development. The proposed mix of uses is limited to community level services and business uses in closer proximity to nearby subdivisions such as Sellars Cove, located in walking distance directly behind the site. Currently, Biggers Market is located approximately one mile south on Carolina Beach Rd, in a parking lot with temporary structures. The proposed relocation of the business offers an opportunity for an improved site design and safer ingress/egress onto Carolina Beach Rd. Neighborhood level services can reduce the need for additional longer vehicle trips on Carolina Beach Road and serve as an appropriate transition between the highway corridor and neighboring residential development. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed mix of uses is in line with the recommendations of the Community Mixed Use place type and the proposed development would act as an appropriate transition between the highway and existing residential development. STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. This portion of the Carolina Beach Road corridor has been designated as Community Mixed Use. The plan proposes neighborhood level services that can reduce the need for additional longer trips on Carolina Beach Road and serve as an appropriate transition between the highway corridor and neighboring residential development. As a result, Staff recommends approval of the request and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed mix of uses is in line with the recommendations of the Community Mixed Use place type. I also find recommending APPROVAL of the rezoning request is Planning Board - December 5, 2024 ITEM: 1 - 2 - 14 Z24-14 Staff Report PB 12.5.2024 Page 15 of 15 reasonable and in the public interest because the project would act as an appropriate transition between the highway and existing residential development. Applicant Proposed Conditions: 1. Street yard landscaping will be installed along Carolina Beach Road to meet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. 2. Two (2) staggered rows of Leyland Cypress or other evergreen shrub that grows to a minimum height of 15-20 feet will be planted along the rear boundary within the 35-foot setback in addition to the required Type A Opaque Buffer Option 1 which required a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 3. No commercial or customer activity may occur within the 35-foot rear setback except maintenance and any future pedestrian access that may be provided to the adjacent Sellars Cove community as shown on the concept plan. 4. Exterior lighting including luminaries and security lighting shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.C Full Cut- off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (12) feet. 5. Permitted uses are limited to: · Commercial Kitchen, Catering · Restaurant · Food Market · Retail Nursery · Retail Sales, General 6. A minimum 20-foot-wide public access easement shall be provided along the road front parallel with Carolina Beach Road for public bicycle and pedestrian use. 7. Significant trees shown on the concept plan shall be permanently retained. 8. The driveway access stub shown on the northern boundary of the concept plan shall be paved to the property line to allow for future interconnectivity. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed mix of uses is in line with the recommendations of the Community Mixed Use place type. I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project does not provide an adequate transition to neighboring residential development. Planning Board - December 5, 2024 ITEM: 1 - 2 - 15 Sh i l o h D r Caroli n a Beac h Rd B e a u R i v a g e Dr C athay Rd Rivage Pr o m e n a d e   Cormorant Way So u t h R i d g eBl v d Con do Cl ub Dr New Hanover County NC Site (CZD) B-2R-156208, 6216, & 6218 Carolina Beach Road Z24-14 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Zoning B-1 B-2 R-5 R-10 R-15 CZD Planning Board - December 5, 2024 ITEM: 1 - 3 - 1 Sh i l o h D r Carolina Bea ch Rd B e a u R i v a g e Dr S o uth R id ge Blvd Cathay Rd R i v a g e P r o m e nade  Cormorant Way South Ridg eBl v d C ondo ClubD r Condo Club Dr (CZD) B-2R-156208, 6216, & 6218 Carolina Beach Road Z24-14 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Future Land Use GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE Planning Board - December 5, 2024 ITEM: 1 - 4 - 1 R i v e r w o o d s Dr Lav e r D r Yo l a n d a L n W i l l o w Glen Dr R e d w o odRd Fawn SettleDr Bodeg a BayRd BurbankRd A l a m e d a Dr Ot te r T ailTrl Santa A n a D r S a u s a li t o Dr Country Pl a c e R d S e agrove Ct Ca r o l i n a B e a c h R d Blake Trl Sh i l o h D r Corm ora n t Wa y T a ri n Rd App o m a t t o x D r Rivage Promenade  Cathay R d Chancellorsville Dr Liberty L a n d i n g Way (CZD) B-2R-156208, 6216, & 6218 Carolina Beach Road Z24-14 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Nearby Properties Parcels within 510 feet Z24-14 Planning Board - December 5, 2024 ITEM: 1 - 5 - 1 Initial Application Documents & Materials Planning Board - December 5, 2024 ITEM: 1 - 6 - 1 Page 1 of 7 Conditional Zoning District Application – Updated 06-2023 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom-mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Cindee Wolf Design Solutions P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz Reference Attached List 910-599-2238 (Contact: Wells Struble) wells@biggersmarket.com Planning Board - December 5, 2024 ITEM: 1 - 7 - 1 Included Parcels: Parcel ID No.Tax Map No.Site Address Owner Mailing Addess 313314.24.5363 R07900-001-011-000 6208 Carolina Beach Road Polly Greene Cribb 226 Rutledge Dr., Wilmington, NC 28412 313314.24.5276 R07900-001-010-000 6216 Carolina Beach Road Polly Greene Cribb 226 Rutledge Dr., Wilmington, NC 28412 313314.24.5134 R07900-001-316-000 6218 Carolina Beach Road Shirly S Norris 6218 Carolina Beach Rd., Wilmington, NC 28412 Planning Board - December 5, 2024 ITEM: 1 - 7 - 2 Page 2 of 7 Conditional Zoning District Application – Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if applicable) Please list all of the specific uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. 6208, 6216 & 6218 Carolina Beach Road See Attached List R-15 / B-2 (Residential / Vacant) Community Mixed-Use N/A 15,900 S.F. (CZD) B-2 2.67 ac.+/- 2.67 ac.+/- Planning Board - December 5, 2024 ITEM: 1 - 7 - 3 Page 3 of 7 Conditional Zoning District Application – Updated 06-2023 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended Planning Board agenda. ITE Land Use(s): Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: GFA / KSF: 15,900 s.f. Proposed N/A N/A Custom-based on Existing Location Agreed Upon Study for Saturday Peak: Enter - 187 / Exit - 179 / Total - 365 Planning Board - December 5, 2024 ITEM: 1 - 7 - 4 Page 4 of 7 Conditional Zoning District Application – Updated 06-2023 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. 2. How would the requested Conditional Zoning district be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. Planning Board - December 5, 2024 ITEM: 1 - 7 - 5 Page 5 of 7 Conditional Zoning District Application – Updated 06-2023 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Planning Board - December 5, 2024 ITEM: 1 - 7 - 6 Page 6 of 7 Conditional Zoning District Application – Updated 06-2023 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial  This application form, completed and signed (all property owners must sign signatory page)  Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review  Community Information Meeting Report (complete and signed by agent or all property owners)  Traffic Impact Analysis if applicable (use of attached report document is recommended) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda.  Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning  Conceptual Plan including the following minimum elements [Note: If elements beyond the minimum requirements are shown on the concept plan they may be considered conditions of approval if not eligible for approval as minor deviations]: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights-of- way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights-of-way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW CAW CAW CAW CAW CAW Planning Board - December 5, 2024 ITEM: 1 - 7 - 7 Planning Board - December 5, 2024 ITEM: 1 - 7 - 8 Planning Board - December 5, 2024 ITEM: 1 - 7 - 9 Planning Board - December 5, 2024 ITEM: 1 - 7 - 10 Planning Board - December 5, 2024 ITEM: 1 - 7 - 11 NOT FOR REAL ESTATE SALES OR CONVEYANCE PRELIMINARY Planning Board - December 5, 2024 ITEM: 1 - 7 - 12 Legal DescripƟon for CondiƟonal Zoning District 6208, 6216 & 6218 Carolina Beach Road Beginning at a point in the boundary of Carolina Beach Road (N.C. Highway 421), a 160’ public right-of-way; said point being at the southeastern corner of “Tract 1” on a division of lands for Thomas L. Sellars, Sr. and Shirley Norris Sellars, recorded among the land records of the New Hanover registry in Map Book 44, at Page 301; and running thence from the point of beginning: South 84010’29” West, 407.66 feet to a point; thence North 03016’29” West, 178.89 feet to a point; thence North 84054’34” East, 99.71 feet to a point; thence North 05009’36” West, 149.70 feet to a point; thence North 84048’00” East, 299.14 feet to a point in the western boundary of Carolina Beach Road; thence with that right-of-way, South 05048’19” East, 100.05 feet to a point; thence conƟnuing with the right-of-way, South 05016’59” East, 50.23 feet to a point; thence conƟnuing with the right-of-way, South 05042’31” East, 173.58 feet to the point and place of beginning, containing 2.67 acres more or less. Planning Board - December 5, 2024 ITEM: 1 - 7 - 13 Page 1 of 2 Community Information Meeting Report – Approved 06-2022 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use COMMUNITY INFORMATION MEETING REPORT This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned development, or intensive industry special use permit in order for the application to be deemed complete. Address/Location Parcel Identification Number(s) Meeting Date and Time Format (Virtual, In-Person, Hybrid) Location if In-Person or Hybrid Selection Criteria for Location Meeting Summary Issues and Concerns Discussed at Meeting 6208, 6216 & 6218 Carolina Beach Road (Reference Attached List) Thursday, February 22, 6:00 p.m. In-person w/ info provided for alternativecontact if not able to attend Best-Western Plus / 5600 Carolina Beach Rd Proximity to the subject project site Planning Board - December 5, 2024 ITEM: 1 - 7 - 14 Page 2 of 2 Community Information Meeting Report – Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist Applicant Initial  A list of names and addresses of attendees  A list of the names and addresses of invitees and copies of any returned mailings received to date  A copy of the mailed notice with all attachments  A copy of all materials distributed or presented at the meeting Acknowledgement and Signatures By my signature below, I hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] _____________________________. A copy of the written notice is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting. Signature of Applicant or Applicant’s Agent Print Name Date Cynthia A. Wolf / Design Solutions 03/04/24 Planning Board - December 5, 2024 ITEM: 1 - 7 - 15 Planning Board - December 5, 2024 ITEM: 1 - 7 - 16 1 cwolf@lobodemar.biz From:cwolf@lobodemar.biz Sent:Friday, February 16, 2024 11:46 AM To:'Shannon Bresnahan' Cc:'Wells Struble'; 'Sven Wallin' Subject:RE: Support for Biggers rezoning request Thanks so much for the kind words of support. The present intent is to submit the zoning peƟƟon, aŌer the community informaƟon meeƟng, by March 1st. It would assumedly then be scheduled for a public hearing by the Planning Board in April, and hopeful final approval by the Commissioners in May. There is a County link for comments on agenda items prior to those hearings. The public can log on and offer input – without necessarily needing to come to the meeƟngs. I am logging all of the contacts being made since the announcement hit the media. I would be happy to keep you informed through the process? Regards, Cindee wolf Tel. 910-620-2374 From: Shannon Bresnahan <shannon.m.bresnahan@gmail.com> Sent: Friday, February 16, 2024 11:29 AM To: cwolf@lobodemar.biz Subject: Support for Biggers rezoning request Hi Cindee, I read in Port City Daily about the rezoning request to help Bigggers expand to a larger and more permanent space on Carolina Beach Road. I live in the Tidalwalk neighborhood nearby the current Carolina Beach Road Biggers location and find it to be an absolutely wonderful addition to our neighborhood. I often drive out to the Market Street location to enjoy your music events with my young family, and would be delighted to have those kinds of amenities available on Carolina Beach Road in the future. What is the best way for neighbors like me to show our support of your rezoning request? Good luck with the next steps! Shannon Bresnahan Planning Board - December 5, 2024 ITEM: 1 - 7 - 17 1 cwolf@lobodemar.biz From:Sarah Finn <sarah.finn09@gmail.com> Sent:Friday, February 16, 2024 1:41 PM To:cwolf@lobodemar.biz Subject:Biggers Market I am so excited about the potenƟal expansion and permanent market on CB Road!! We visit this market every week through the open season, and I’m always sad when it’s Ɵme for it to close for the the winter. It is one of my 4yo daughter’s favorite places to go; she loves the atmosphere, sampling fresh fruit, and helping us shop for fresh veggies while dancing to the music they play. A permanent market in this area would be incredible and we would be frequent visitors!! I’d love to see more informaƟon about what will be presented at the public meeƟng. I won’t be able to aƩend. Best, Sarah Finn Carolina Beach resident Sent from my iPhone Planning Board - December 5, 2024 ITEM: 1 - 7 - 18 From:cwolf@lobodemar.biz To:"Lori Goldberg" Subject:RE: Biggers Expansion Date:Thursday, February 15, 2024 2:08:00 PM No – it will not. Currently, Biggers simply leases the seasonal space from the Seaview ownership. The project proposal is to re-locate Biggers to their own property – just South of Za Pizza. From: Lori Goldberg <goldbergl1986@gmail.com> Sent: Thursday, February 15, 2024 2:01 PM To: cwolf@lobodemar.biz Subject: Biggers Expansion Hello, I live near the proposed expansion site. While I like Biggers, I like the SeaviewCrab Company more. Does the proposal by Biggers Market impact the locationof Seaview Crab Company which is in the same area? Please advise. Regards, Lori Goldberg Planning Board - December 5, 2024 ITEM: 1 - 7 - 19 1 cwolf@lobodemar.biz From:Don <djones7142@charter.net> Sent:Saturday, February 17, 2024 11:09 AM To:cwolf@lobodemar.biz Subject:Biggers Hope this project gets approved. The Carolina Beach Road market has been a great source of fine produce for our family. Sent from my iPhone Planning Board - December 5, 2024 ITEM: 1 - 7 - 20 1 cwolf@lobodemar.biz From:Wells Struble <Wells@biggersmarket.com> Sent:Friday, February 16, 2024 10:52 AM To:maria.mccauley4122@gmail.com Cc:Sven Wallin; cwolf@lobodemar.biz Subject:Re: FW: Proposed Biggers Market Hi Maria, My name is Wells Struble. I am one of the 3 partners that own Biggers Market. I appreciate you reaching out and thanks for sharing your concerns. We are really excited about the potential plans for this new location. Although, it will be a multi-year project for us before we get open. Sorry you won't be able to attend our meeting. I have responded to your questions below in red. Respectfully, Wells On Fri, Feb 16, 2024 at 7:47 AM <cwolf@lobodemar.biz> wrote: Wells, Could you please address Ms. McCauley’s questions? From: Maria McCauley <maria.mccauley4122@gmail.com> Sent: Thursday, February 15, 2024 3:13 PM To: cwolf@lobodemar.biz Subject: Proposed Biggers Market Hello and good afternoon, My name is Maria and I am a condo owner at Sellers Cove adjacent to your possible new Biggers Market location. I will not be in town for the meeting on 02/22/24 and would just like some information. First I am happy to see a market this close and within walking distance of my complex and I have shopped at both of your current locations in the past and enjoyed them. Purchased some good produce every time I shopped there. Planning Board - December 5, 2024 ITEM: 1 - 7 - 21 From:Gregory Strickland To:cwolf@lobodemar.biz Subject:Biggers Market Date:Friday, February 16, 2024 7:45:05 AM Just wanted to say how pleased my wife and I are that Biggers is planning to expand its operation in the southern part of the county. We hope that it will be well received by the local community. Greg Strickland Myrtle Grove Sent from my iPad Planning Board - December 5, 2024 ITEM: 1 - 7 - 22 2 Questions: Will the building be more than a tent or with walls at this location? Yes, this will be a more substantial building. Similar to our location on Market Street, but will also have some interior retail floor space that will allow customers to come inside. Our Market Street location is 100% outdoor. Will the parking area depicted with the letter be black top or dirt parking area? This is going to be up to zoning and engineering and what the requirements are. To save money and have more pervious land, we would like to do a mix of gravel parking spots and paved(black-top) driveway isles. There will certainly be significant provisions made for stormwater based on our impervious surface calculations. Will there be exterminator(s) means used for vermin control in and around the property? Having run two small restaurants I know that food and vermin unfortunately go together. 100%. Yes, we have exterminators at our current locations also. Will this be an all year around business or closed part of the year? So currently, our Market Street location is open from mid-March thru Christmas. We close completely from Christmas to Mid-March. This is for a few reasons. Mostly because that location is 100% outdoor shopping experience, so people don't want to be out in the cold. Also, there is a lack of available produce. This new location in front of Sellars Cove will have a portion of indoor retail area. So our hope is that we can stay open during the winter in some limited capacity. Over the years we have built a growing team of "career" staff members along with our part-timers that come and go with college, etc. So, when we close in the winter it is challenging for us to keep our career people around and paid. Having a year round operation would be better in that regard too. What will your daily hours be? We are planning for them to be similar to our Market Street location. Changes seasonally, but generally 9am-7pm for the retail shopping and then weather depending the bar/food sticks around till 9pm. Will there be dumpsters for trash on site and away from other surrounding areas and enclosed with a fence or something else? Yes, this is code now-a-days for new development. Dumpsters require a concrete pad under them and an enclosure with gates. Thank you for your time. Maria Planning Board - December 5, 2024 ITEM: 1 - 7 - 23 Planning Board - December 5, 2024 ITEM: 1 - 7 - 24 ADJACENT PROPERTY OWNERS WITHIN 500' PERIMETER OF 6208, 6216 & 6218 CAROLINA BEACH ROAD: ADJACENT PROPERTY OWNER ADDRESS CITY / STATE / ZIP AFETSE MARTHA 645 CONDO CLUB DR #208 WILMINGTON NC 28412 ALLEN BRENDA 6201 CAROLINA BCH RD WILMINGTON NC 28412 ALLEN GREGORY K JULIE A 6205 CAROLINA BCH RD WILMINGTON NC 28412 ANDERSON JESSE J 6140 CAROLINA BCH RD #26 WILMINGTON NC 28412 ANDO PAUL J III JANET E 434 PRINCETON AVE BRICK NJ 08724 BALDWIN HESTER M 632 CONDO CLUB DR #108 WILMINGTON NC 28412 BASS HOMER F BETTY B 706 BELLE MEADE AVE STATESVILLE NC 28677 BAUGHMAN DONNA S ETAL 645 CONDO CLUB DR #207 WILMINGTON NC 28412 BENJAMSON CATHERINE E 618 CONDO CLUB DR #103 WILMINGTON NC 28412 BENNETT MICHAEL E ETAL 645 CONDO CLUB DR #311 WILMINGTON NC 28412 BENTZ REBECCA 645 CONDO CLUB DR #202 WILMINGTON NC 28412 BKING PROPERTIES LLC PO BOX 116 MORRISVILLE NC 27560 BOWDEN DAVID 632 CONDO CLUB DR #206 WILMINGTON NC 28412 BUDZISZEWSKI MICHAEL KAREN 618 CONDO CLUB DR #304 WILMINGTON NC 28412 BULLOCK BRANDON G 644 MEAKANU LN APT 1906 WAILUKU HI 96793 BURT ROBERT L JANE E 3620 BUTTON BUSH CT SOUTHPORT NC 28461 CAMBER JAMES E 645 CONDO CLUB DR #105 WILMINGTON NC 28412 CAMPBELL ROBERT A JR 510 SEAVIEW RD WILMINGTON NC 28409 CANTWELL BETH ETAL 618 CONDO CLUB DR #303 WILMINGTON NC 28412 CATANZARO JAMIE A 632 CONDO CLUB DR #207 WILMINGTON NC 28412 CHIPRUT DAVID 632 CONDO CLUB DR #304 WILMINGTON NC 28412 COASTAL EAST PROPERTIES LLC 5700 OLEANDER DR WILMINGTON NC 28403 CONNOLLY JOHN M HEIRS 632 CONDO CLUB DR #201 WILMINGTON NC 28412 COPENHAVER BARBARA A 6203 CAROLINA BEACH RD WILMINGTON NC 28412 CORTESE SANDRA A ETAL 645 CONDO CLUB DR #102 WILMINGTON NC 28412 CROSS DIANA B ETAL 9581 SHORE DR #8 MYRTLE BEACH SC 29572 CRUESS ELIZABETH ANN 618 CONDO CLUB DR #201 WILMINGTON NC 28412 CRUMPLER ANGELA S 6629 GLENVIEW GARDEN PL CARY NC 27511 DAWSON DANIEL S 632 CONDO CLUB DR #306 WILMINGTON NC 28412 DENNY PHYLLIS 645 CONDO CLUB DR #101 WILMINGTON NC 28412 DEPAUL KENNETH E DEBORAH J 3312 ROXBURY DR WAKE FOREST NC 27587 DIAZ TOMAS ROBERTA L TRUSTEES 202 CANDLENUT LN SMITHFIELD NC 27577 DOTSON DANIEL SARAH PO BOX 24481 LEXINGTON KY 40524 ERVIN WILLIAM H SANDRA L 4613 S OCEAN BLVD UNIT 9A NORTH MYRTLE BEACH SC 29582 FERRARA MELANIE 645 CONDO CLUB DR #206 WILMINGTON NC 28412 FRAGOS GROUP LLC 5312 BELLWOOD CT WILMINGTON NC 28412 GALIOTO PETER JR 618 CONDO CLUB DR WILMINGTON NC 28412 GENTRY DIANE 632 CONDO CLUB DR #310 WILMINGTON NC 28412 Planning Board - December 5, 2024 ITEM: 1 - 7 - 25 GRAVES MICHAEL RICHARD 632 CONDO CLUB DR #106 WILMINGTON NC 28412 GRIMES CHARLES FAMILY TRUST 303 VANDERBILT RD ASHEVILLE NC 28803 H & H FAMILY LTD PARTNERSHIP 709 CROWS NEST CT WILMINGTON NC 28409 HALLGREN KATHY HEIRS 645 CONDO CLUB DR #201 WILMINGTON NC 28412 HARRIS ERIC C JAMIE S 632 CONDO CLUB DR #205 WILMINGTON NC 28412 HARRIS PAUL T 618 CONDO CLUB DR #207 WILMINGTON NC 28412 HASTY MICHAEL B ETAL 6140 CAROLINA BCH RD #24 WILMINGTON NC 28412 HENDRICKS BETTY 645 CONDO CLUB DR #309 WILMINGTON NC 28412 HOOKS KERI C 632 CONDO CLUB DR #307 WILMINGTON NC 28412 HOPKINS GNEEDA GLASS 618 CONDO CLUB DR #302 WILMINGTON NC 28412 HUNT SHAUNTA NICOLE 632 CONDO CLUB DR #109 WILMINGTON NC 28412 JOHNSON LARRY O JR TRACI M 7036 ORCHARD TRACE WILMINGTON NC 28409 KELLOGG CHRISTOPHER A 730 CATAMARAN DR WILMINGTON NC 28412 KELLY STEVEN L 618 CONDO CLUB DR #202 WILMINGTON NC 28412 KIDD JONATHAN 645 CONDO CLUB DR #104 WILMINGTON NC 28412 LAWLOR RICHARD F CAROL ANN 336 HOLLOW VIEW MANHEIM PA 17545 LEITTER EDWARD Y SANDRA R 8923 SHIPWATCH DR WILMINGTON NC 28412 LENDINO STEVEN T 59 POULTS PL ROCKY POINT NC 28457 LEONARD DAN LISA 1022 WATERVIEW CT CAROLINA BEACH NC 28428 LEWIS IRA L BARBARA C 5009 PERTH DR WILMINGTON NC 28412 LEWIS PEGGY LEONARD REV TRUST PO BOX 12226 WILMINGTON NC 28405 MARSHBURN ELIZA PO BOX 15261 WILMINGTON NC 28408 MARTIN ALVIN L JR 632 CONDO CLUB DR #305 WILMINGTON NC 28412 MCCAULEY MARIA 9064 ALLURING AVE LAS VEGAS NV 89149 MCDANIEL LINDA A ET AL 134 RICE MARSH WAY WILMINGTON NC 28412 MCGRATH COLIN MARILYN 100 PERIWINKLE LN CAROLINA BEACH NC 28428 MICHEL HASHIM TRUSTEE 2726 CEMETERY RD SANFORD NC 27332 MIDDLE SOUND INVESTMENTS INC 7627 MARKET ST STE 3 WILMINGTON NC 28411 MIRESSI JOSEPHINE F HEIRS 6241 CAROLINA BEACH RD WILMINGTON NC 28412 MOOREFIELD SUSAN B TRUSTEE PO BOX 15396 WILMINGTON NC 28408 MYERS RUTH A ETAL 618 CONDO CLUB DR #111 WILMINGTON NC 28412 NELSON MARY CATHERINE 208 FOXTAIL DR APT G3 WEST PALM BEACH FL 33415 NEUBAUER WALTER G SR ETUX 645 CONDO CLUB DR #305 WILMINGTON NC 28412 NEW HANOVER COUNTY 230 GOV CENTER DR STE 109 WILMINGTON NC 28403 NUTZ & BOLTZ VENTURES LLC 7508 CHAMPLAIN DR WILMINGTON NC 28412 OGDEN JAMES ANNELLA LIV TRUST 4113 BREEZEWOOD DR APT 102 WILMINGTON NC 28412 OSBORNE ROBERT L 6140 CAROLINA BCH RD UNIT R WILMINGTON NC 28412 OTT PARKER E 645 CONDO CLUB DR #310 WILMINGTON NC 28412 OUIMETTE HELAINE A ETAL 645 CONDO CLUB DR #106 WILMINGTON NC 28412 PARENTI CELESTE A 618 CONDO CLUB DR #203 WILMINGTON NC 28412 PARIS DANETTE 645 CONDO CLUB DR #209 WILMINGTON NC 28412 PASSANTE ANGELO T 435 OSBORN AVE RIVERHEAD NY 11901 Planning Board - December 5, 2024 ITEM: 1 - 7 - 26 PIEDMONT COMPANIES INC 2671 E MAIN ST LINCOLNTON NC 28092 PITTS TAMMI R 6207 CAROLINA BEACH RD WILMINGTON NC 28409 POLLOCK JEREMY E DEBRA J 632 CONDO CLUB DR #107 WILMINGTON NC 28412 POVIA DONALD M DONNA A 218 N SAYBROOK AVE TRENTON NJ 08619 PPC VENTURES LLC PO BOX 12226 WILMINGTON NC 28405 REVELL KATHLEEN D 632 CONDO CLUB DR #105 WILMINGTON NC 28412 RICE DENNIS RUTH ETAL 575 EDEN DR ENGLEWOOD FL 34223 RIPLEY MARK JANE 270 N HALEDON AVE HALEDON NJ 07508 ROBINSON SHONDA LATOYA PO BOX 771432 SAINT LOUIS MO 63177 ROSEMAN MICHAEL 320 BORS RUN #101 WILMINGTON NC 28403 SALERNO ANNE ETAL 645 CONDO CLUB DR #307 WILMINGTON NC 28412 SALMI LORI M 645 CONDO CLUB DR #303 WILMINGTON NC 28412 SAPP ANGELA M ETAL 12327 TERRICK CT CHARLOTTE NC 28273 SCUFFLE JUSTIN K ET AL 533 BUBBLING CREEK RD WILMINGTON NC 28412 SEIVERT BRITTON SAMANTHA ETAL 618 CONDO CLUB DR #106 WILMINGTON NC 28412 SELLARS COVE COA INC PO BOX 1124 CAROLINA BEACH NC 28428 SELLARS COVE COA INC 609 PINER RD #124 WILMINGTON NC 28409 SGUEGLIA JOHN J JOANNE B PO BOX 1066 CAROLINA BEACH NC 28428 SHAFER JAMES M SUSAN P 301 GREENWICH LN WILMINGTON NC 28409 SOSA CYNTHIA F STEVEN V JR 6354 RANNOCK DR FAYETTEVILLE NC 28304 SPOT GIRL LLC 305 SCOTTSDALE DR WILMINGTON NC 28411 STAMBAUGH MICHAEL A ETAL 618 CONDO CLUB DR #111 WILMINGTON NC 28412 STRICKLAND BILLY M PO BOX 189 CAROLINA BEACH NC 28428 TEELING ALAN 812 NATURE TRAIL DR #104 WILMINGTON NC 28405 THOMAS FLEATHER D III TRINA PO BOX 15538 WILMINGTON NC 28408 TILLER WHITLEY ETAL 632 CONDO CLUB DR #211 WILMINGTON NC 28412 TLG GROUP LLC 6200 BRADFORD CT JEFFERSON CITY MO 65101 TOWNHOMES AT BEAU RIVAGE LLC 332 MILITARY CUTOFF RD WILMINGTON NC 28405 TURNER EMILY R 618 CONDO CLUB DR #307 WILMINGTON NC 28412 VALLEE YVETTE M 645 CONDO CLUB DR # 301 WILMINGTON NC 28412 VECCHIO RICHARD A 632 CONDO CLUB DR #308 WILMINGTON NC 28412 VERIDICAL ENTERPRISES 552 RIVAGE PROMENADE WILMINGTON NC 28412 WALLACE ERIC A ANGELA Y 101 BROCKTON RIDGE DR GARNER NC 27529 WEINBECKER MARGARET I 618 CONDO CLUB DR #211 WILMINGTON NC 28412 WEISSERT MATTHEW KATHRYN 3210 OLD CHURCH RD MECHANICSVILLE VA 23111 WILKINS STEPHEN G 618 CONDO CLUB DR #309 WILMINGTON NC 28412 WILM REALTORS FOUNDATION 1836 SIR TYLER DR STE 100 WILMINGTON NC 28405 WOOD HEIDI R 632 CONDO CLUB DR #102 WILMINGTON NC 28412 WOOD JIMMIE D MARILYN K 618 CONDO CLUB DR #105 WILMINGTON NC 28412 Planning Board - December 5, 2024 ITEM: 1 - 7 - 27 February 10, 2024 To: Adjacent Property Owners This is a notice of a community information meeting. An upcoming rezoning request will be made on behalf of Polly Greene Cribb and Shirley S. Norris, subject property owners. The zoning change would be from current district overlays, Highway Business (B-2) and Residential (R-15), to Conditional Community Business (CZD/CB), for development of a market for fresh foods and farm goods. The project is being proposed by Biggers Market, an establishment with a goal of stimulating agricultural growth in the Carolinas by promoting clean, healthy living, with local fruits & vegetables, and other regional products. The composite tract includes 6208, 6216 & 6218 Carolina Beach Road, three parcels totaling approximately 2.67 acres. Your property is located in the proximity, within a 500’ perimeter of the outer boundary of the proposed project. Conditional Zoning District in New Hanover County allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project & rezoning petition. Essentially, this means that only the specific use(s) and the proposed site improvements of an approved petition can be developed. The meeting is an opportunity for further explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. It will be held on Thursday, February 22nd, 6:00 p.m., at the Best Western Plus – Wilmington, 5600 Carolina Beach Road. If you cannot attend, you are also welcome to contact Cindee Wolf at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We look forward to your interest, being a good neighbor, and being an asset to the community. Planning Board - December 5, 2024 ITEM: 1 - 7 - 28 Ca r o l i n a B e a c h R o a d Condo Club Road Sellars Cove Condominium Community X X X XX X XX X X XX X X X X XX X Enclosed Market X X X X X X X X X XXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Covered Porches Covered Platform Open Product Area Open Product Area X X Planning Board - December 5, 2024 ITEM: 1 - 7 - 29 February 21, 2024 Mr. Wells Struble Port City Produce Stores, LLC 6250 Market Street Wilmington, North Carolina 28405 Reference: Report of Seasonal High Water Table Estimation and Infiltration Testing 6218 Carolina Beach Road Wilmington, New Hanover County, North Carolina ECS Project No. 49.22414 Dear Mr. Struble: ECS Southeast, LLC (ECS) recently conducted a seasonal high water table (SHWT) estimation and infiltration testing within the stormwater control measure (SCM) area(s) at 6218 Carolina Beach Road in Wilmington, New Hanover County, North Carolina. This letter, with attachments, is the report of our testing. Field Testing On February 20, 2024, ECS conducted an exploration of the subsurface soil conditions, in accordance with the NCDEQ Stormwater Design Manual section A-2, at two requested locations shown on the attached Boring Location Plan (Figure 1). ECS used GPS equipment in order to determine the boring locations. The purpose of this exploration was to obtain subsurface information of the in situ soils for the SCM area(s). ECS explored the subsurface soil conditions by advancing one hand auger boring into the existing ground surface at each of the requested boring locations. ECS visually classified the subsurface soils and obtained representative samples of each soil type encountered. ECS also recorded the SHWT elevation observed at the time of the hand auger borings. The attached Infiltration Testing Form provides a summary of the subsurface conditions encountered at the hand auger boring locations. The SHWT elevation was estimated at the boring locations below the existing grade elevation. A summary of the findings are as follows: Location SHWT I-1 100 inches I-2 108 inches ECS has conducted two infiltration tests utilizing a compact constant head permeameter near the hand auger borings in order to estimate the infiltration rate for the subsurface soils. Infiltration tests are typically conducted at two feet above the SHWT or in the most restrictive soil horizon. Planning Board - December 5, 2024 ITEM: 1 - 7 - 30 Report of SHWT Estimation and Infiltration Testing 6218 Carolina Beach Road Wilmington, New Hanover County, North Carolina ECS Project No. 49.22414 February 21, 2024 2 Field Test Results Below is a summary of the infiltration test results: Location Description Depth Inches/ hour I-1 Tan fine to coarse SAND 60 inches 22.55 I-2 Tan fine to coarse SAND 60 inches 24.28 Infiltration rates and SHWT may vary within the proposed site due to changes in elevation, soil classification and subsurface conditions. ECS recommends that a licensed surveyor provide the elevations of the boring locations. Closure ECS’s analysis of the site has been based on our understanding of the site, the project information provided to us, and the data obtained during our exploration. If the project information provided to us is changed, please contact us so that our recommendations can be reviewed and appropriate revisions provided, if necessary. The discovery of any site or subsurface conditions during construction which deviate from the data outlined in this exploration should be reported to us for our review, analysis and revision of our recommendations, if necessary. The assessment of site environmental conditions for the presence of pollutants in the soil and groundwater of the site is beyond the scope of this geotechnical exploration. ECS appreciates the opportunity to provide our services to you on this project. If you have any questions concerning this report or this project, please contact us. Respectfully, ECS SOUTHEAST, LLC K. Brooks Wall W. Brandon Fulton, PSC, PWS, LSS Project Manager Environmental Department Manager bwall@ecslimited.com bfulton@ecslimited.com 910-686-9114 704-525-5152 Attachments: Figure 1 - Boring Location Plan Infiltration Testing Form GBA Document Planning Board - December 5, 2024 ITEM: 1 - 7 - 31 APPROXIMATE BORING LOCATIONS SCALE SHOWN ABOVE 6218 Carolina Beach Road Wilmington, New Hanover County, North Carolina ECS Project # 49.22414 January 20, 2024 KBW Figure 1– Boring Location Plan Provided by: Google Earth I-1 I-2 N W S E N W S E Planning Board - December 5, 2024 ITEM: 1 - 7 - 32 Infiltration Testing Form 6218 Carolina Beach Road Wilmington, New Hanover County, North Carolina ECS Project No. 49.22414 February 20, 2024 Location Depth USCS Soil Description I-1 0-36” SP White fine to coarse SAND 36”-66” SP Brown fine SAND 66”-100” SP Tan fine to coarse SAND Seasonal High Water Table was estimated to be at 100 inches below the existing grade elevation. Test was conducted at 60 inches below existing grade elevation Infiltration Rate: 22.55 inches per hour Location Depth USCS Soil Description I-2 0-40” SP White fine to coarse SAND 40”-60” SP Brown fine to med. SAND w/ silt 60”-110” SP Tan fine to coarse SAND Seasonal High Water Table was estimated to be at 108 inches below the existing grade elevation. Test was conducted at 60 inches below existing grade elevation Infiltration Rate: 24.28 inches per hour Planning Board - December 5, 2024 ITEM: 1 - 7 - 33 July 15, 2024 Re: Biggers Market 6208, 6216, 6218, 6220 Carolina Beach Rd. Water & Wastewater Utility System New Hanover County, North Carolina Dear Mr. Struble: Please accept this letter of intent as Aqua North Carolina’s (“Aqua”) non-binding commitment to provide water and wastewater utility service to the planned commercial development located at along Carolina Beach Road in New Hanover County at the referenced addresses. This offer is contingent upon Aqua and the Developer entering into a Water and Wastewater Utility Agreement (“Agreement”) with mutually acceptable terms, permit review and approval by Aqua, permit approvals by the North Carolina Department of Environmental Quality (NCDEQ), and the North Carolina Utilities Commission’s (NCUC) approval of this transaction. The structure of the Agreement would include the following: 1. Developer to install water & wastewater utility system infrastructure to serve proposed commercial development upon approval by New Hanover County; 2. Developer to complete interconnections to Aqua’s existing water & wastewater facilities including obtaining easements and making any necessary improvements to Aqua’s existing water and wastewater facilities to serve the proposed commercial development if approved by New Hanover County; 3. Developer to pay Aqua a cash contribution in aid of construction capacity (CIAC) reserve payment for the reservation of wastewater capacity in Aqua’s existing wastewater facilities at Beau Rivage WWTF (NPDES NC0065480); 4. Developer to pay Aqua a CIAC payment for the proposed water capacity needed to serve the proposed commercial development in Aqua’s existing water facilities in The Cape Master Water System (NCPWSID NC04651999) based on Aqua’s specifications; 5. The capacity payment amount and structure shall be detailed further in the Agreement. The Agreement will be prepared by Aqua and will contain the provisions set forth above and other traditional covenants, warranties and representations. Should you have any questions or wish to discuss this project further please contact me at 919-653-6967. Planning Board - December 5, 2024 ITEM: 1 - 7 - 34 Sincerely, C. Ruffin Poole Director, Development & Regulatory Affairs cc: Zack Dickerson, Associate Planner, Development Review New Hanover County- Planning & Land Use – Planning & Zoning 230 Government Center Drive, Suite 110 Wilmington, NC 28403 zdickerson@nhcgov.com Cindee Wolf Design Solutions Post Office Box 7221 Wilmington, NC 28406 cwolf@lobodemar.biz Planning Board - December 5, 2024 ITEM: 1 - 7 - 35 Concept Plan Planning Board - December 5, 2024 ITEM: 1 - 8 - 1 Planning Board - December 5, 2024 ITEM: 1 - 9 - 1 Traffic Impact Analysis Planning Board - December 5, 2024 ITEM: 1 - 10 - 1 TRANSPORTATION IMPACT ANALYSIS October 22, 2024 Project # 242001 Wilmington, North Carolina Prepared For: Port City Produce, LLC Biggers Market Planning Board - December 5, 2024 ITEM: 1 - 11 - 1 @DAVENPORT Transportation I mpact Analysis Biggers Market Wilmingtoh, NC Prepared for Port City Produce Stores, LLC October 22,2024 Analysis and Graphics by: Amrit Williams Reviewed and Sealed by: AJ Anastopoulo, PE This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. Home Office: 119 Brookstown Ave. Suite PH1 Winston-Salem, NC 271 01 tt/lain: 336.744.'1636; Fax: 336.458.9377 Wilmington Regional Office: 1426 Navaho Trail, #108 Wilmington, NC 28409 Main 910.251 .8912: Fax. 336.458 9377 ,r1\llll//7r,Sit cAR'o'/,, ---o!.oes i/;:.a;2 =i'i.o' ,ro, ?'7oa** 2ftp.ffi,":l=3' 'rrY 4 nrunS1o,.,i,//lltll\\\\\. SEAL Serving the Southeast since 2002 Planning Board - December 5, 2024 ITEM: 1 - 11 - 2 9/13/2024 242001 Biggers Market i EXECUTIVE SUMMARY The Biggers Market is currently located at 6458 Carolina Beach Road and is looking to relocate to 6208, 6216 & 6218 Carolina Beach Road in Wilmington, NC. It will consist of a 15,900 square foot market which sells a wide variety of specialty products, including local produce, craft beer, local arts and crafts, and niche grocery items. One right-in/right-out access point is proposed on US 421 (Carolina Beach Road). The expected build-out year for this development is 2025. Information regarding the property was provided by Port City Produce Stores, LLC and Design Solutions. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of the new development traffic. The Transportation Impact Analysis (TIA) was performed based on the scope agreed upon with the Wilmington Metropolitan Planning Organization (WMPO). This site has a trip generation potential of 109 trips in the Friday PM peak hour and 188 trips in the Saturday midday peak hour. In conclusion, this study has determined the potential traffic impacts of this development and recommendations have been given where necessary to mitigate the impacts of future traffic. The analysis indicates that with the recommended improvements in place, the proposed site is not expected to have a detrimental effect on transportation capacity and mobility in the study area. The recommendations summarized in Figure A and in Table A should be constructed to comply with applicable NCDOT Policy on Street and Driveway Access to North Carolina Highways and local standards. Table A – Recommended Improvements INTERSECTION RECOMMENDATIONS US 421 (Carolina Beach Road) and S Ridge Boulevard • Extend northbound left turn/U-turn lane to provide 700 feet of storage plus appropriate deceleration and taper. US 421 (Carolina Beach Road) and Condo Club Drive • Extend existing southbound right turn lane to the northernmost Za Pie driveway. US 421 (Carolina Beach Road) and Cathay Road • Extend southbound U-turn lane to provide 400 feet of storage plus appropriate deceleration and taper. • Adjust signal timings. US 421 (Carolina Beach Road) and Site Access 1 • See US 421 and Condo Club Drive. Right turn lane extension will serve site access. • Design site drive according to applicable NCDOT and/or local standards. Planning Board - December 5, 2024 ITEM: 1 - 11 - 3 *** NOT TO SCALE *** N This document, together with the concepts and designs presented herein, is intended only for the specific purposeand client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT, shall be without liability to DAVENPORT, and shall be a violationof the agreement between DAVENPORTand the client. FIGURE A RECOMMENDED IMPROVEMENTS BIGGERS MARKET WILMINGTON, NC PROJECT NUMBER 242001 BLACK = EXISTING BLUE = PROPOSED TRAFFIC MOVEMENT ROADWAY LEGEND SIGNAL STOP Cathay Road 32 5 ' to 4 0 0 ' FU L L 20 0 ' S Ridge Boulevard 60 0 ' 60 0 ' 60 0 ' to 7 0 0 ' Condo Club Drive 17 5 ' to FU L L Site Access 1 FU L L US 4 2 1 (C a r o l i n a B e a c h R o a d ) DIRECTIONAL CROSSOVER Adjust signal timings Extend existing right turn lane to Za Pie driveway to the north., an extendsion of approx. 250'. This provides a full width right turn lane from Condo Club drive to the NB to SB U-turn bulb out approx. 1650' north of Condo Club Drive. Planning Board - December 5, 2024 ITEM: 1 - 11 - 4 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 12/5/2024 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner CONTACT(S): Zach Dickerson; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z24-11)– Request by Douglas Brandon Paluck with P&P Enterprises, applicant and property owner, to rezone approximately 0.41 acres of a 0.82-acre parcel located at 5406 Castle Hayne Road from the R-15, ResidenBal District to the (CZD) B-2, Regional Business District for the use of Bar / Nightclub, Retail Sales, General and Outdoor RecreaBon Establishment. BRIEF SUMMARY: The applicant is reques#ng to rezone approximately 0.41 of 0.82 acres from R-15 to (CZD) B-2 to renovate an exis#ng house into a taproom/bo5le shop and retail space. The backyard area of the home is proposed for an 18-hole mini- golf outdoor recrea#on establishment, along with covered outdoor space for the business. The total site is 0.82 acres with 1.5 houses on it. The house involved in this rezoning request is wholly within one property. The parcel contains a por#on of another home that was constructed over the southern property line. That house is not involved in this rezoning. Only a por#on of this is proposed to be rezoned so as to not increase the degree of nonconformity of the house on the southern por#on of the property. The R-15 district was established in this area in 1985 to accommodate low-density housing and the well and sep#c systems already in place. The B-2 district in this area was also established in 1985 to accommodate some of the businesses along this corridor, which has historically been a mix of residen#al and commercial uses, including some single-family homes along with retail, convenience stores with fuel sta#ons, pharmacies, and banks. The buildings on this site existed prior to zoning, and there are several historic nonconformi#es. Adap#ve reuse of residen#al sites to commercial uses o9en face challenges mee#ng the addi#onal setbacks and transi#onal buffer requirements for commercial uses. In these instances, applicants must obtain variances from the Board of Adjustment before the property is rezoned. The applicant obtained two variances related to setbacks and transi#onal buffers prior to this public hearing which are outlined in further detail in the staff report. The site is bordered by Castle Hayne Road and Blossom Street. The site has full access to Castle Hayne Road and a condi#on has been included restric#ng parking and access to the site from Blossom Street. The site is es#mated to generate approximately 0 AM and 28 PM peak hour trips if developed as proposed. Because this type of business typically operates during the PM hours, per the ITE Traffic Genera#on Manual, AM trips generated are minimal. The 2016 Comprehensive Plan designates this property as Community Mixed Use. Types of appropriate uses include retail, restaurant, office, and single-family residen#al. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it provides uses in line with the purposes and intent of the Community Mixed Use Place Type. Planning Board - December 5, 2024 ITEM: 2 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff’s recommenda#on is based on the policy guidance of the Comprehensive Plan, zoning considera#ons, and technical review. The property is located in a part of Castle Hayne that has historically been a mix of uses. The proposed rezoning is near an I-40 interchange and is located in an area that transi#ons from commercial uses along Castle Hayne Road to nearby residen#al uses. The proposed (CZD) B-2 rezoning is generally CONSISTENT with the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type, and the applica#on limits uses to those which are more appropriate for the area and addi#onal condi#ons reduce impact on adjacent residen#al areas. As a result, Staff recommends APPROVAL of the proposal. Please refer to the Script for suggested and alternaBve moBon language. ATTACHMENTS: Descrip#on Z24-11 Script PB Z24-11 Staff Report PB Z24-11 Zoning Map Z24-11 Future Land Use Map Z24-11 Mailout Map Initial Application Cover Sheet Z24-11 Initial Application Z24-11 Community Meeting Information Concept Plan Cover Sheet Z24-11 Concept Plan Z24-11 Public Comments Cover Sheet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - December 5, 2024 ITEM: 2 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z24-11) Request by Douglas Brandon Paluck with P&P Enterprises, applicant and property owner, to rezone approximately 0.41 acres of a 0.82-acre parcel located at 5406 Castle Hayne Road from the R-15, Residential District to the (CZD) B-2, Regional Business District for the use of Bar / Nightclub, Retail Sales, General and Outdoor Recreation Establishment. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s and supporters’ presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s and supporters’ rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with a motion and vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to recommend APPROVAL of the proposed rezoning to a Conditional B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the Castle Hayne corridor is anticipated to shift from residential to commercial uses along the highway. Proposed Conditions: 1. Permitted uses shall be limited to: Bar/Nightclub, Outdoor Recreation Establishment, and General Retail Sales. Planning Board - December 5, 2024 ITEM: 2 - 1 - 1 2. No exterior light poles with lighting fixtures shall be permitted. All other lighting must comply with the lighting standards of Section 5.5 Exterior Lighting. 3. The specimen live oak tree fronting Castle Hayne Road shall be preserved. 4. A shared parking agreement between 5406 Castle Hayne Road and 5400 Castle Hayne Road (Myer’s Attic) will be recorded with the New Hanover County Register of Deeds before issuance of a Certificate of Occupancy. 5. Vehicle parking and vehicle access to the site are prohibited from Blossom Street. 6. A minimum 6-foot-tall solid wood privacy fence shall be installed within 20 feet of the property line facing Blossom Street. 7. There shall be no outdoor music or sound amplification past 10pm. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a Conditional B-2. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal will adversely impact the adjacent residential areas. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) B-2 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ Planning Board - December 5, 2024 ITEM: 2 - 1 - 2 Z24-11 Staff Report PB 12.05.2024 Page 1 of 15 STAFF REPORT FOR Z24-11 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-11 Request: Rezoning to a Conditional B-2, Regional Business district Applicant: Property Owner(s): Douglas Brandon Palluck Douglas Brandon Paluck Location: Acreage: 5406 Castle Hayne Road 0.41 Acres of a 0.82 Acre Parcel PID(s): Comp Plan Place Type: R01113-008-002-000 Community Mixed Use Existing Land Use: Proposed Land Use: Single Family Residential Bar/Nightclub (Bottle Shop), Retail, Outdoor Recreation Establishment Current Zoning: Proposed Zoning: R-15, Residential district (CZD) B-2, Regional Business SURROUNDING AREA LAND USE ZONING North Single-Family Residential, Restaurant, Gas Station R-15, B-2 East Single-Family Residential R-15 South Single-Family Residential, Myers’ Attic (Antique Store) R-15, B-2 West Mini Storage (across Castle Hayne Road) B-2 Planning Board - December 5, 2024 ITEM: 2 - 2 - 1 Z24-11 Staff Report PB 12.05.2024 Page 2 of 15 ZONING HISTORY July 1, 1985 Initially Zoned as R-15 (Castle Hayne) COMMUNITY SERVICES Water/Sewer This site is connected to CFPUA public water. The site has an existing septic system. CFPUA sewer is available through utility extension. The applicant has indicated they plan to use the existing septic system which will need to be reviewed and permitted for the commercial use if approved. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Castle Hayne Station 13. Schools Castle Hayne Elementary, Holly Shelter Middle, Laney High Schools Recreation Northern Regional Park, Blue Clay Bike Park, Riverside Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Planning Board - December 5, 2024 ITEM: 2 - 2 - 2 Z24-11 Staff Report PB 12.05.2024 Page 3 of 15 APPLICANT’S PROPOSAL Aerial Imagery of the Site Orange Outline: Total parcel Blue Outline: Portion requested for rezoning • Only a portion of this is proposed to be rezoned so as to not increase the degree of nonconformity of the house on the southern portion of the property. Ca s t l e H a y n e R o a d Bl o s s o m S t r e e t Planning Board - December 5, 2024 ITEM: 2 - 2 - 3 Z24-11 Staff Report PB 12.05.2024 Page 4 of 15 Applicant’s Concept Plan with Staff Markups • The subject site is .82 acres with 1.5 houses on it. The house involved in this rezoning request is wholly within one property. The parcel contains a portion of another home that was constructed over the southern property line. • The owner is requesting to rezone the northern .41 acres to B-2 to convert the northern house into a bar/nightclub (bottle shop) with retail sales and an outdoor recreation area. • The applicant has included a condition limiting the uses to “Bar/Nightclub, Outdoor Recreation Establishment, and General Retail Sales.” • The house is on the western side of the lot facing Castle Hayne Road. The backyard area is proposed as an outdoor covered area and a separate open air outdoor recreation area on the eastern portion of the site towards Blossom Street. • The concept plan includes landscaped buffers along the northern and southern project boundaries, and a condition to preserve a specimen live oak tree along Castle Hayne Road. Ca s t l e H a y n e R o a d Shared Parking with Myers’ Attic Outdoor Recreation Area Bottle Shop & Retail (in existing building) Outdoor Covered Area N Planning Board - December 5, 2024 ITEM: 2 - 2 - 4 Z24-11 Staff Report PB 12.05.2024 Page 5 of 15 • Due to the size of the project area, the applicant has proposed to use shared parking with a neighboring business also owned by the applicant to meet the minimum off-street parking requirements. A condition has been included requiring a shared parking agreement. • The applicant has also offered conditions to reduce the impact of site lighting on nearby parcels. ZONING CONSIDERATIONS • The R-15 district in this area was established in this area in 1985. At the time, the purpose of the R-15 district was to provide lands that accommodate low-density housing. This portion of the Castle Hayne area has historically been a mix of residential and commercial uses. • The purpose of the B-2 district is to provide for the proper site layout and development of larger format or larger structure size business uses. It is also designed to provide for the appropriate location and design of auto-oriented uses that meet the needs of the motoring public or that rely on pass-by traffic. • The Unified Development Ordinance (UDO) defines Bar/Nightclub as: A non-restaurant establishment that generates more than 49 percent of its quarterly gross receipts from the sale of alcoholic beverages for on-premises consumption. Bars and nightclubs may provide live music. • The UDO defines Outdoor Recreation Establishment as: Uses that provide commercial recreation or amusement outdoors (except adult entertainment), including but not limited to miniature golf establishments. • The buildings on this site existed prior to zoning, and there are several historic nonconformities. The proposed commercial rezoning requires landscape buffers where the business abuts a residential use. • Adaptive reuse of residential sites to commercial uses often face challenges meeting the additional setbacks and transitional buffer requirements for commercial development adjacent to residential uses. In these instances, applicants must obtain variances from the Board of Adjustment before property is rezoned. • The applicant obtained two variances from the Board of Adjustment: o The 30-foot side setbacks for the B-2 district were reduced to 12.3 feet on the northern project boundary and reduced to 22 feet on the southern project boundary. The minimum width of the Type A opaque buffer on the northern and southern project boundaries were also reduced from 10 feet to 7 feet. • Both variances are conditioned so they will only apply to the site if the rezoning is approved. • If approved, the project would be subjected to the Technical Review committee and zoning compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Planning Board - December 5, 2024 ITEM: 2 - 2 - 5 Z24-11 Staff Report PB 12.05.2024 Page 6 of 15 NEARBY AREA DEVELOPMENTS Planning Board - December 5, 2024 ITEM: 2 - 2 - 6 Z24-11 Staff Report PB 12.05.2024 Page 7 of 15 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of one single-family dwelling unit within the subject 0.41 acres. PROPOSED ACCESS Primary Access Full access to Castle Hayne Road. EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Roadway Planning Capacity (AADT) 20,685 Planning Board - December 5, 2024 ITEM: 2 - 2 - 7 Z24-11 Staff Report PB 12.05.2024 Page 8 of 15 Latest Traffic Volume (AADT) 16,460 (2023) Latest WMPO Point-in-Time County (DT) 21,023 (2023) Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADWAY PROJECTS No nearby STIP projects to this site. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed (Bottle Shop/Drinking Place) Designation Traffic Generated by Proposed (Mini Golf/Outdoor Recreation) Designation Potential Impact of Proposed Designation AM Peak Hour Trips 1 0 0 -1 PM Peak Hour Trips 2 22 6 +26 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 site is bordered by Castle Hayne Road and Blossom Street. The site has full access to Castle Hayne Road and a condition has been included restricting parking and access to the site from Blossom Street. While access and parking on Blossom is restricted, Blossom Street could see an increase in vehicles from customers traveling to and from Holly Shelter Road. Additional right-in/right-out access is provided through a proposed shared parking agreement with a neighboring retail shop. Because this type of business typically operates during the PM hours, per the ITE Traffic Generation Manual, AM trips generated are minimal. Both sites would need to be reviewed by NCDOT through the driveway permit process. Planning Board - December 5, 2024 ITEM: 2 - 2 - 8 Z24-11 Staff Report PB 12.05.2024 Page 9 of 15 ENVIRONMENTAL • The property is not within a Natural Heritage Area or a Special Flood Hazard Area. • The property is within the Holly Shelter Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property are a combination of Class II (moderate limitation) and Class III (severe limitations) soil. CFPUA water and sewer are available. • The property has one Specimen Tree, detailed on the concept plan. There is a condition to preserve this tree as part of this development, if approved. OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis A business-friendly environment that promotes growth, agility, and collaboration. The plan aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable a new business. Planning Board - December 5, 2024 ITEM: 2 - 2 - 9 Z24-11 Staff Report PB 12.05.2024 Page 10 of 15 Representative Developments Representative Developments of R-15 (Existing Zoning/Land Use): Existing Single-Family home proposed for reuse Representative Developments of Proposed Use: Bar/Nightclub (Bottle Shop) & Adaptive Reuse Fermental Beer & Wine S. 17th St Planning Board - December 5, 2024 ITEM: 2 - 2 - 10 Z24-11 Staff Report PB 12.05.2024 Page 11 of 15 Context and Compatibility • This part of Castle Hayne has historically been a mix of residential and commercial uses. • The designation of this area as Community Mixed Use along with its proximity to the I-40 Castle Hayne interchange indicates the potential for additional commercial growth along the Castle Hayne Road corridor. • While the uses immediately surrounding the site are residential, there is an existing antique store to the south and commercial development across Castle Hayne Road. • The row of parcels that front Castle Hayne Road along this stretch have several community level businesses that serve the surrounding area including retail, a pharmacy, convenience stores, restaurants, and a bank. • Adaptive reuse of residential buildings is common along largely commercial corridors, where new single-family housing development is less likely. • While variances have been approved to reduce setbacks and buffers, several additional conditions have been included with the request intended to reduce impacts on nearby residential uses. Planning Board - December 5, 2024 ITEM: 2 - 2 - 11 Z24-11 Staff Report PB 12.05.2024 Page 12 of 15 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, multi-family, and single-family residential. Planning Board - December 5, 2024 ITEM: 2 - 2 - 12 Z24-11 Staff Report PB 12.05.2024 Page 13 of 15 Analysis The Comprehensive Plan classifies this property as Community Mixed Use. This place type’s encouragement of transitional uses along highways results in adaptive reuse projects along major corridors. The Community Mixed Use place type also generally encourages recreation and meeting places. The proposed project would be appropriate in this area while providing services to nearby residents. This area of Castle Hayne has historically been a mix of residential and commercial uses. There are several commercial uses nearby, including convenience stores, restaurants and retail. Many of these also front both Castle Hayne Road and Blossom Street. The requested uses would be in line with nearby businesses. The proximity of this area to the I-40 Castle Hayne interchange encourages B-2 zoning districts, which largely rely on pass-by traffic. With the likelihood of increased commercial growth in the Castle Hayne area and the proximity of existing residential uses to the site, the project includes several conditions intended to reduce impacts on neighboring property. Additional conditions have been provided to limit the extent of land use within the proposed B-2 district, preserve trees, and limit lighting to lessen the development’s impact on nearby residents. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the Comprehensive Plan because the proposed limited commercial use is encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. Planning Board - December 5, 2024 ITEM: 2 - 2 - 13 Z24-11 Staff Report PB 12.05.2024 Page 14 of 15 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the Comprehensive Plan, zoning considerations, and technical review. The property is located in a part of Castle Hayne that has historically been a mix of uses. The proposed rezoning is near an I-40 interchange and is located in an area that transitions from commercial uses along Castle Hayne Road to nearby residential uses. The proposed (CZD) B-2 rezoning is generally CONSISTENT with the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type, and the application limits uses to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. Staff have included an additional condition regarding limiting live music and sound amplification to reduce the impact of that to nearby residents, if approved. As a result, Staff recommends approval of the request and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning to a Conditional B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the Castle Hayne corridor is anticipated to shift from residential to commercial uses along the highway. Recommended Conditions: 1. Permitted uses shall be limited to: Bar/Nightclub, Outdoor Recreation Establishment, and General Retail Sales. 2. No exterior light poles with lighting fixtures shall be permitted. All other lighting must comply with the lighting standards of Section 5.5 Exterior Lighting. 3. The specimen live oak tree fronting Castle Hayne Road shall be preserved. 4. A shared parking agreement between 5406 Castle Hayne Road and 5400 Castle Hayne Road (Myer’s Attic) will be recorded with the New Hanover County Register of Deeds before issuance of a Certificate of Occupancy. 5. Vehicle parking and vehicle access to the site are prohibited from Blossom Street. 6. A minimum 6-foot-tall solid wood privacy fence shall be installed within 20 feet of the property line facing Blossom Street. 7. There shall be no outdoor music or sound amplification past 10pm. Planning Board - December 5, 2024 ITEM: 2 - 2 - 14 Z24-11 Staff Report PB 12.05.2024 Page 15 of 15 Alternative Motion for Denial (If based on information provided at the public hearing or other consideration beyond the scope of staff review, the Board finds approval appropriate). I move to recommend DENIAL of the proposed rezoning to a Conditional B-2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal will adversely impact the adjacent residential areas. Planning Board - December 5, 2024 ITEM: 2 - 2 - 15 Planning Board - December 5, 2024 ITEM: 2 - 3 - 1 Planning Board - December 5, 2024 ITEM: 2 - 4 - 1 Planning Board - December 5, 2024 ITEM: 2 - 5 - 1 Initial Application Documents & Materials Planning Board - December 5, 2024 ITEM: 2 - 6 - 1 Page 1 of 6 Conditional Zoning District Application – Updated 02-2022 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Planning Board - December 5, 2024 ITEM: 2 - 7 - 1 Page 2 of 6 Conditional Zoning District Application – Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 0.41 Acres Planning Board - December 5, 2024 ITEM: 2 - 7 - 2 Page 3 of 6 Conditional Zoning District Application – Updated 02-2022 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. Planning Board - December 5, 2024 ITEM: 2 - 7 - 3 Page 4 of 6 Conditional Zoning District Application – Updated 02-2022 2. How would the requested Conditional Zoning district be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Planning Board - December 5, 2024 ITEM: 2 - 7 - 4 Page 5 of 6 Conditional Zoning District Application – Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial … This application form, completed and signed … Application fee: x $600 for 5 acres or less x $700 for more than 5 acres x $300 in addition to base fee for applications requiring TRC review … Community meeting written summary … Traffic impact analysis (if applicable) x The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. x The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. … Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning … Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads x 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. x 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. x All existing and proposed easements, required setbacks, rights-of-way, and buffers. x The location of Special Flood Hazard Areas. x 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. x Approximate location and type of stormwater management facilities intended to serve the site. x Approximate location of regulated wetlands. x Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance … One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. … One (1) digital PDF copy of ALL documents AND plans Planning Board - December 5, 2024 ITEM: 2 - 7 - 5 Page 6 of 6 Conditional Zoning District Application – Updated 02-2022 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 or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Print Name(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. 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. Planning Board - December 5, 2024 ITEM: 2 - 7 - 6 Planning Board - December 5, 2024 ITEM: 2 - 8 - 1 Planning Board - December 5, 2024 ITEM: 2 - 8 - 2 Planning Board - December 5, 2024 ITEM: 2 - 8 - 3 Planning Board - December 5, 2024 ITEM: 2 - 8 - 4 Planning Board - December 5, 2024 ITEM: 2 - 8 - 5 Concept Plan Planning Board - December 5, 2024 ITEM: 2 - 9 - 1 Planning Board - December 5, 2024 ITEM: 2 - 10 - 1 Public Comments In Support 0 Neutral 0 In Opposition 0 Planning Board - December 5, 2024 ITEM: 2 - 11 - 1 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 12/5/2024 Regular DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director SUBJECT: Public Hearing Text Amendment Request (TA24-05) - Request by New Hanover County Planning & Land Use to amend Sec8on 4.4.4, Table 5.1.2.A, Sec8on 5.4.5, Sec8on 5.4.6, Sec8on 2.3, Sec8on 4.3.2, and Table 4.2.1 of the New Hanover County Unified Development Ordinance (UDO) related to Accessory Dwelling Units, parking ra8os for warehouses, parking lot landscaping, street-yard requirements, and mixed-use residen8al development. BRIEF SUMMARY: Since the compleon of the Unified Development Ordinance (UDO) Project in November 2020, staff has been regularly bringing forward policy neutral amendments to the code provisions as part of ongoing efforts to ensure that the tools of the ordinance remain up-to-date, are clear to all users of the code, and connue to work the way they are intended. The key intent of this amendment is to: - Ensure Accessory Dwelling Unit (ADU) standards comply with NC General Statute requirements. - Adjust the parking rao requirement for the use of Warehouse so it is be5er aligned with the needs of warehouse developments common in this area. - Allow administrave changes to the required parking lot landscaping when there are conflicts with ulies or other required improvements. - Clarify the applicability of street-yard landscaping requirements for commercial uses that do not require off-street parking. - Clarify the mixed-use residenal standards for commercial districts by adding a new use and definion for mixed-use dwellings. Potenal amendment concepts were presented to the Planning Board at their October 3, 2024 meeng, and dra;s of the amendments were released on November 8 for public comment. Staff received three public comments related to the request. The proposed maintenance amendments were not modified because the comments would increase the scope of the amendment or would be a change in exisng county policy. As a note, all amendments are discrete, and the Board may move forward with only some of them without impacng other proposed provisions in case parcular amendments are determined to need addional consideraon or staff research. Planning Board - December 5, 2024 ITEM: 3 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends APPROVAL of the requested amendment. Please refer to the Script for suggested and alterna8ve mo8on language. ATTACHMENTS: Descripon TA24-05 PB Script TA24-05 PB Staff Report TA24-05 Draft Amendments TA24-05 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - December 5, 2024 ITEM: 3 SCRIPT for Unified Development Ordinance Text Amendment (TA24-02) Request by New Hanover County Planning & Land Use to amend Section 4.4.4, Table 5.1.2.A, Section 5.4.5, Section 5.4.6, Section 2.3, Section 4.3.2, and Table 4.2.1 of the New Hanover County Unified Development Ordinance (UDO) related to Accessory Dwelling Units, parking ratios for warehouses, parking lot landscaping, street-yard requirements, and mixed-use residential development. 1. This is a public hearing. We will hear a presentation from staff. Then any supporters and 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. Supporters’ presentation (up to 15 minutes) c. Opponents’ presentation (up to 15 minutes) d. Staff rebuttal (up to 5 minutes) e. Opponents’ 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 rezoning request is reasonable and in the public interest. Example Motion of Approval I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to ensure accessory dwelling unit standards comply with state statutes, adjust the parking ratio for the use of warehouse, allow administrative modifications to parking lot landscaping, and to clarify street yard requirements and mixed-use residential standards for commercial districts. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Alternative Motion for Approval/Denial: I move to recommend [Approval/Denial] of the proposed amendment to the New Hanover County Unified Development Ordinance. 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 - December 5, 2024 ITEM: 3 - 1 - 1 TA24-05 PB Staff Report 12.5.2024 STAFF REPORT FOR TA24-05 TEXT AMENDMENT REQUEST REQUEST SUMMARY Case Number: TA24-05 Request: To amend Section 4.4.4, Table 5.1.2.A, Section 5.4.5, Section 5.4.6, Section 2.3, Section 4.3.2, and Table 4.2.1 of the New Hanover County Unified Development Ordinance (UDO) related to Accessory Dwelling Units, parking ratios for warehouses, parking lot landscaping, street-yard requirements, and mixed-use residential development. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance (UDO) Purpose & Intent The key intent of this amendment is the following: • Ensure Accessory Dwelling Unit (ADU) standards comply with NC General Statute requirements. • Adjust the parking ratio requirement for the use of Warehouse so it is better aligned with the needs of warehouse developments common in this area. • Allow administrative changes to the required parking lot landscaping when there are conflicts with utilities or other required improvements. • Clarify the applicability of street-yard requirements for commercial land uses that do not require off-street parking. • Clarify the mixed-use residential standards for commercial districts by adding a new use and definition for mixed-use dwellings. BACKGROUND Since the completion of the Unified Development Ordinance (UDO) Project in November 2020, staff have been regularly bringing forward policy neutral amendments to code provisions as part of ongoing efforts to ensure that the tools of the ordinance remain up to date, are clear to all users of the code, and continue to work the way they are intended. Potential amendment concepts were presented to the Planning Board at their October 3, 2024 meeting, and drafts of the amendments were released on November 7 for public comment. Staff received three public comments related to the amendment: 1. A desire to further reduce the parking ratio for warehouses and to expand the scope of the maintenance amendment to include parking reductions for additional land uses. 2. Amending the definition of Dwelling, Mixed-Use to allow ground floor residential units in structures that combine residential and commercial uses. 3. General opposition to the Dwelling, Mixed-Use and Mixed-Use Development standards. Planning Board - December 5, 2024 ITEM: 3 - 2 - 1 TA24-05 PB Staff Report 12.5.2024 As a note, all amendments are discrete, and the Board may move forward with only some of them without impacting other proposed provisions in the case that particular amendments are determined to need additional consideration or staff research. Accessory Dwelling Unit Standards (ADUs) NC General Statute 160D-702 enables local governments to adopt zoning regulations. Statute also prevents local governments from adopting building design regulations for any structures subject to regulation under the NC Residential Code for One- and Two-Family Dwellings except in specific circumstances such as homes in designated historic districts. The NC Residential Code does not make construction code distinctions between primary and accessory (secondary) homes on parcels of land. Both are considered single-family homes under the Residential Code. Currently, Section 4.4.4.A Accessory Dwelling Unit (ADU) of the UDO contains two provisions that regulate the size and building materials for ADUs. The proposed amendment would remove the following two sections from the UDO: • Removed: Section 4.4.4.A.8 states the total gross floor area for an accessory dwelling unit shall not exceed 1,200 square feet. • Removed: Section 4.4.4.A.17 states Mobile homes, RVs, shipping containers, and manufactured homes shall not be permitted as accessory dwelling units. Warehouse Parking Requirements Past Requirements Before November 2020, the county’s Off-Street Parking Standards included all industrial, manufacturing, and warehousing uses into one category which required the following parking: Before November 2020: Table 5.1.4: Off-Street Parking Standards Use Required Off-Street Parking Industrial or Manufacturing Establishment or Warehouse 1.5 parking spaces for every 2 employees on shift of greatest employment, 1 space for each managerial personnel, 1 visitor parking space for every 10 managerial personnel, and 1 space for each vehicle used directly in the conduct of business. Planning Board - December 5, 2024 ITEM: 3 - 2 - 2 TA24-05 PB Staff Report 12.5.2024 Current Requirements As part of the comprehensive update to the UDO in 2020, Planning staff reviewed the county’s parking requirements. Staff determined that due to the changing nature of employees on a given shift, and other market driven employment factors, monitoring employee and managerial personnel on a site-by-site basis reduced a property’s ability to efficiently change uses and meet local requirements. As a result of that analysis, the county adopted new parking standards in 2020: Current Requirements: Table 5.1.2.A: Minimum Off-Street Parking Use Required Off-Street Parking Warehousing 1.5 / 1,000 square feet Parking based on a ratio rather than the number of employees ensures warehouses have uniform parking and allows buildings to be reused without additional staff review or required changes to existing parking. Planning staff has been applying the 1.5 / 1,000 square feet parking requirement for warehouses since November 2020. The UDO currently requires the following minimum parking for different example sizes of warehouses: Example Warehouse Size Required Parking 10,000 sf 15 20,000 sf 30 50,000 sf 75 100,000 sf 150 250,000 sf 375 500,000 sf 750 1,000,000 sf 1,500 Staff Analysis In recent months staff have received feedback from the development community that the current parking standards require more parking than is necessary for a warehouse use. Staff researched the parking requirements of surrounding local governments and several of the top jurisdictions in the state for industrial and warehousing jobs. Of the 11 jurisdictions researched, four base their parking on the number of employees while seven of the jurisdictions use a parking ratio based on building square footage. Using an example of a 50,000 square foot warehouse with 50 employees at the largest shift, Planning staff determined that New Hanover County required the largest number of parking spaces compared to the other 11 jurisdictions: Planning Board - December 5, 2024 ITEM: 3 - 2 - 3 TA24-05 PB Staff Report 12.5.2024 Jurisdiction Example 50,000 sf and 50 Employees New Hanover County 75 Wilmington 50 Forsyth County 50 Catawba County 30 Columbus County 25 Wake County 25 Guilford County 20 Greensboro 16.5 Charlotte / Mecklenburg 12.5 Pender County 10 Brunswick County 10 Durham County 10 A review of 15 warehouse projects showed that generally, projects under 20,000 square feet provide parking above the county’s minimum requirement. However, as warehouse projects increase in size, parking needs begin to go down, evidenced by the increase in parking studies to reduce parking. Square Footage Parking Required Parking Provided 8,000 sf 12 14 8,800 sf 13 17 8,800 sf 13 17 10,000 sf 15 18 10,000 sf 15 18 10,000 sf 15 17 10,000 sf 15 23 12,500 sf 19 23 20,160 sf 22 30 21,000 sf 32 33 22,040 sf 33 42 32,990 sf* 49 25 62,437 sf* 94 89 425,250 sf 400 400 509,000 sf* 764 244 *Parking Study Reduction Planning Board - December 5, 2024 ITEM: 3 - 2 - 4 TA24-05 PB Staff Report 12.5.2024 Staff divided the 15 warehouse examples into three categories and analyzed the average square footage of the buildings, parking actually provided by the development and determined the average parking ratio for each size category: Warehouse Size Average Square Feet Average Parking Required Average Parking Provided Average Parking Ratio 0 – 20,000 sf 9,700 14.6 18 1.8 / 1,000 20,001 – 250,000 sf 31,700 46 44 1.3 /1,000 250,001 + sf 467,125 582 322 0.68 / 1,000 Proposed Changes: Using the average parking ratios based on warehouse development since 2020 staff recommend amending the parking ratios by adding a scaled parking requirement that reduces parking as building square footage increases. Warehouse Size Average Parking Ratio Proposed Amendment 0 – 20,000 sf 1.8 / 1,000 1.5 / 1,000 20,001 – 250,000 sf 1.3 /1,000 1 / 1,000 250,001 + sf 0.68 / 1,000 1 / 2,000 Public Comment: Staff initiated maintenance amendments are intended to ensure that the tools of the ordinance remain up to date, are clear to all users of the code, and continue to work the way they are intended. Larger questions around county policy and broader changes to sections of the ordinance are outside the scope, purpose, and staff’s role in bringing maintenance amendments to the board for consideration. Staff received one public comment related to the warehouse parking amendment. The comment stated a preference for a reduced parking ratio for not only warehouses but also all industrial, manufacturing, and self-storage uses. The request would result in changes to approximately 30 uses listed in the UDO. Due to the larger scale of the request and additional research and analysis necessary to determine whether the change is needed for those additional uses, staff did not include the requested parking ratio changes in the proposed amendment. Such changes can be initiated in the future through direction from the Board of Commissioners, county management, or through citizen-initiated applications to amend the UDO. Planning Board - December 5, 2024 ITEM: 3 - 2 - 5 TA24-05 PB Staff Report 12.5.2024 Parking Lot Landscaping Administrative flexibility allows changes to required landscaping standards when there are conflicts with easements, utilities, or other required improvements or unique features of a project. Currently the UDO grants staff flexibility to accept administrative modifications to Transitional buffers, Street Yard buffers, and Foundation Plantings. Staff do not currently have the same administrative flexibility for parking lot landscaping. Examples of parking lot landscaping include trees in parking islands and landscaping between parking lots. The proposed amendment uses existing language that grants staff flexibility for other landscaping sections to allow staff level administrative modifications to parking lot landscaping standards as well. Street Yard Standards Currently street yard landscaping is required for changes of use whenever additional off-street parking is required. There are four commercial land uses that do not have minimum parking requirements: • Bus and Taxi Terminal • Commercial Parking Lot or Facility • Recreational Vehicle and Boat Trailer Storage Lot • Other Intensive Industrial Uses Because they do not have minimum parking requirements, these land uses would be exempt from street yard requirements. The proposed amendment adds that new or expanding commercial land uses that require new vehicle parking or storage areas are also required to provide street yard landscaping. Mixed-Use Developments Before 2020, the Zoning Ordinance was a standalone document. The requirements for mixed-use developments were listed in Article 7: Provisions for Uses Allowed as Special Uses, Section 72-38: Residential Uses within Commercial Districts. The Zoning Ordinance and the other standalone County development regulations were combined into the Unified Development Ordinance (UDO) in 2020. This required that the documents be reformatted, and this provision was added to the use specific standards included in Section 4.3 of the UDO. To find the requirements for mixed use developments, users would go to the requirements for each type of dwelling unit (single-family, attached, dual unit attached, etc) then get redirected to Section 4.3.2.2 Dwellings, Multi-Family which listed the requirements for both multi-family dwellings and mixed-use developments. Staff found this has resulted in some confusion for ordinance users. While Section 4.3.2.2 includes a description and intent for a mixed-use development, the ordinance does not specifically include a definition of the term. Planning Board - December 5, 2024 ITEM: 3 - 2 - 6 TA24-05 PB Staff Report 12.5.2024 The intent of the proposed amendment is to remain policy neutral by maintaining the current ordinance requirements for mixed-use developments in New Hanover County. The amendment creates a new dwelling unit type specifically for mixed-use developments, definitions for both mixed-use dwellings and mixed-use developments, and moves the existing mixed-use development standards from the multi-family dwelling section to a separate, distinct section of the ordinance. Public Comments Staff received two public comments regarding the mixed-use dwelling and mixed-use development amendments. • The first was related to the proposed definition of Dwelling, Mixed-Use. The comment suggested that mixed-use dwellings allow residential units on the ground floor of buildings that contained residential and commercial uses. Staff considered the request and determined it would constitute a change in the county’s existing policy on mixed-use development. The purpose of staff’s recommended amendment is to clarify the county’s existing policies and procedures for mixed-use development. As a result, the proposed change was not incorporated into the amendment. • The second comment was in general opposition citing concern that the change would restrict the ability for single-family homes to be built on B-2 parcels in the Seabreeze area. Historically New Hanover County has not permitted residential development in a commercial zoning district unless it was part of a mixed-use development. The proposed amendment does not change any of the current requirements or procedures for establishing a mixed- use development in a commercial district. The intent is to provide additional clarity to ensure applications for mixed-use projects meet the county’s requirements. PROPOSED AMENDMENT The proposed text amendment is attached, with red italics indicating new language and strikethrough indicated text that is to be removed. STAFF RECOMMENDATION Staff recommends approval of the requested amendment and suggests the following motion: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to ensure accessory dwelling unit standards comply with state statutes, adjust the parking ratio for the use of warehouse, allow administrative modifications to parking lot landscaping, and to clarify street yard requirements and mixed-use residential standards for commercial districts. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Planning Board - December 5, 2024 ITEM: 3 - 2 - 7 TA24-05 PB Staff Report 12.5.2024 Subject Articles and Sections • Article 4 Uses and Use-Specific Standards o Section 4.4.4 Standards for Specified Accessory Uses and Structures o Section 4.3.2 Residential Uses o Table 4.2.1 Principal Use Table • Article 5 General Development Standards o Table 5.1.2.A Minimum Off-Street Parking o Section 5.4.5 Parking Lots o Section 5.4.6 Street Yard Standards • Article 2 Measurements and Definitions o Section 2.3 Definitions and Terms Planning Board - December 5, 2024 ITEM: 3 - 2 - 8 PROPOSED AMENDMENT The proposed text amendment is attached, with red italics indicating new language and strikethrough indicating text that is to be removed. 4.4.4 Standards for Specified Accessory Uses and Structures A. Accessory Dwelling Unit (ADU) Detached accessory dwelling units shall be allowed in districts where permitted by right subject to the following standards: 1. Only one accessory dwelling unit per lot shall be permitted. ADUs are only permitted on a lot with a single-family detached principal dwelling. 2. One street parking space shall be required for the accessory dwelling unit. 3. In all districts excluding RA, the detached dwelling unit shall be accessed using the driveway that serves the principal dwelling unit and shall not be accessed by a separate driveway. 4. If the property is served by a water / sewer utility provider, proof of adequate water and sewer capacity from the appropriate provider (CFPUA, etc.) shall be provided if accessory units are not included in subdivision approvals. If the property is served by well or septic, the unit shall comply with all the well and septic standards of New Hanover County Environmental Health. 5. In the RMF and PD districts, accessory dwelling units shall only be allowed when constructed in connection with any single family detached dwelling allowed within the district. 6. For conventional subdivisions, the lot must meet minimum lot area requirements. 7. In performance subdivisions, accessory dwelling units having up to one bedroom shall not be considered a dwelling unit for density requirements, otherwise new accessory units may not increase density beyond the maximum allowed in the applicable zoning district. 8. The total gross fioor area of an accessory dwelling unit shall not exceed 1,200 square feet. 8. 9. The side setbacks for the detached unit shall be no less than required for the principal structure and a minimum of flve feet. 9. 10. Rear setbacks for the detached unit shall be a minimum of flve feet. 10. 11. The accessory dwelling unit shall be located in the rear yard completely behind the plane of the front façade of the principal structure unless constructed over a detached garage. 11. 12. In both conventional and performance subdivision developments, the accessory dwelling unit shall be located a minimum of ten (10) feet from any other structure, including other accessory structures. Planning Board - December 5, 2024 ITEM: 3 - 3 - 1 12. 13. An existing accessory structure can be converted to an accessory dwelling unit, if it meets all non-dimensional standards listed in Section 4.4.4.A. For this ordinance, existing accessory structure shall not apply to any structure built after the effective date of this amendment (Effective Date 01/03/2023). 13. 14. Must comply with Article 9 of the UDO Floodplain Requirements. 14. 15. Property owners must provide veriflcation that the proposed accessory dwelling unit complies with the allocation of impervious surfaces allowed by the subdivision’s state stormwater permit. 15. 16. A drainage plan subject to approval by New Hanover County Engineering shall be required for any additions or new structures associated with the accessory dwelling unit. 16. 17. Mobile homes, RVs, shipping containers, and manufactured homes shall not be permitted as accessory dwelling units. Table 5.1.2.A: Minimum Off-Street Parking Warehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, Stand-Alone 1 per 4 dry docks Motor Freight Transportation Warehousing 2/1,000 sf Recreational Vehicle and Boat Trailer Storage Lot No minimum Warehousing 1.5/1,000 sf 20,000 sf or less: 1.5/1,000 sf 20,001 sf to 250,000 sf: 1/1,000 sf 250,001 sf or more: 1/2,000 sf Wholesaling 1.5/1,000 sf Wholesaling Seafood with Water Frontage 1.5/1,000 sf Section 5.4.5 Parking Lots F. On a case-by-case basis, the Planning Director may approve alternative planting materials, substitutions to parking lot planting requirements or the relocation of required parking lot plantings where requirements would not be practical due to utilities, existing vegetation or other unique conditions. Such modiflcations shall be determined to be in keeping with the purpose and intent of this section. Planning Board - December 5, 2024 ITEM: 3 - 3 - 2 5.4.6 Street Yard Standards A. Street yard landscaping is required for new construction of principal structures, expansions to existing structures, new or expanding commercial land uses that require new vehicle parking or storage areas, and changes of use whenever additional off-street parking is required, excluding the following uses: 1. General Agricultural and Forestry Uses; 2. Residential development unless built to the commercial building code; 3. Private Residential Boating Facilities; 4. Cemeteries; 5. Park and Recreation Areas with no structures or parking areas; and 6. Utility lines. Article 2 Measurements and Definitions Section 2.3 Definitions and Terms Mixed-Use Residential A structure that combines a commercial unit or unit(s) with a separate residential dwelling unit or units located on any fioor except the ground fioor. Dwelling, Mixed-Use Any dwelling unit type listed in the Unifled Development Ordinance that is part of a mixed-use development. Mixed-Use Dwellings may be separate from commercial uses within the same development or combined with a commercial unit or units with a separate residential dwelling unit or units located on any fioor except the ground fioor. Mixed-Use Development Development consisting of a mix of residential and non-residential development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unifled by distinguishable design features with amenities and walkways to increase pedestrian activity. Planning Board - December 5, 2024 ITEM: 3 - 3 - 3 Article 4 Uses and Use-Specific Standards Section 4.3 Standards for Specified Principal Uses Section 4.3.2 Residential Uses A. Household Living 1. Dwelling, Dual-Unit Attached a. In the R-20, R-15, R-10, and R-7 zoning districts, dual-unit attached dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] b. Dual unit attached dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. 2. Dwelling, Mixed-Use a. Mixed Use Dwellings in the B-1 and B-2 districts shall comply with the following standards: 1. Dwelling units must be part of a mixed-use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unifled by distinguishable design features with amenities and walkways to increase pedestrian activity. 2. The development shall be single ownership or unifled control of a property owners association. 3. Uses within the development are restricted to residential uses and uses allowed in the B-1 district. 4. Sidewalks must be provided throughout the project. 5. Parking location and quantity shall be shared. 6. Community facilities and / or common area shall be provided. 7. Conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. 8. Mixed-use dwellings must comply with the requirements of Article 6 Subdivision Design and Improvements even if the project does not involve the subdivision of land. 9. Mixed-use dwellings must provide a site plan meeting the requirements of Section 10.3.6 Site Plan in accordance with the county’s application and review requirements for the Technical Review Committee (TRC). Planning Board - December 5, 2024 ITEM: 3 - 3 - 4 3. 2. Dwelling, Multi-Family a. In the R-20, R-15, R-10, and R-7 zoning districts, multi-family dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] b. Multi-family dwellings in the B-1 and B-2 districts shall comply with the following standards: 1. Dwelling units must be part of a mixed-use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unifled by distinguishable design features with amenities and walkways to increase pedestrian activity. 2. The development shall be single ownership or unifled control of a property owners association. 3. Uses within the development are restricted to residential uses and uses allowed in the B-1 district. 4. Sidewalks must be provided throughout the project. 5. Parking location and quantity shall be shared. 6. Community facilities and / or common area shall be provided. 7. Mixed-Use Residential buildings are permitted and encouraged. 8. Conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. b. c. Multi-family dwellings in all districts shall be reviewed in accordance with the same standards as established in this ordinance for subdivisions even if the project does not involve the subdivision of land. A site plan shall be submitted in accordance with Section 10.3.6, Site Plan. [05-03-2021] 4. 3. Dwelling, Quadraplex a. In the R-20, R-15, R-10, and R-7 zoning districts, quadraplex dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] b. Quadraplex dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. 5. 4. Dwelling, Single-Family Detached Single-family dwellings in the B-1 and B-2 districts shall comply with the standards for multi- family dwellings in those districts. [RESERVED] Planning Board - December 5, 2024 ITEM: 3 - 3 - 5 6. 5. Dwelling, Triplex a. In the R-20, R-15, R-10, and R-7 zoning districts, triplex dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] b. Triplex dwellings in the B-1 and B-2 districts shall comply with the standards for multi- family dwellings in those districts. 7. 6. Dwelling, Row-Style a. In the R-20, R-15, R-10, and R-7 zoning districts, row-style dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] b. Row-style dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. 8. 7. Dwelling, Two-Family (Duplex) [11-16-2020] Two-family dwellings in mixed-use residential developments shall only be allowed in the B-2 district. shall comply with the standards for multi-family dwellings. Planning Board - December 5, 2024 ITEM: 3 - 3 - 6 PROPOSED AMENDMENT The proposed text amendment is attached, with red italics indicating new language and strikethrough indicating text that is to be removed. Unified Development Ordinance Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required *= Specific Use Standards Apply in District blank cell = not allowed Use Zoning Districts RA AR R-20 S R-20 R-15 R-10 R-7 R-5 RM F -L RM F -M RM F -MH RM F -H PD UM X Z B-1 CB B-2 O& I SC CS AC I-1 I-2 Us e St a n d a r d s Dwelling, Dual-Unit Attached P* P* P* P* P P P P P P P S* S* P 4.3.2 Dwelling, Multi-Family [5-03-2021] P* P* P* P* P* P* P* P* P* P* S* S* P* 4.3.2 Dwelling, Quadraplex P* P* P* P* P P P P P P P S* S* P 4.3.2 Dwelling, Single-Family Detached P P P P P P P P P P P P P P S* S* P 4.3.2 Dwelling, Triplex P* P* P* P* P P P P P P P S* S* P 4.3.2 Dwelling, Row-Style P* P* P* P* P P P P P P P S* S* P 4.3.2 Dwelling, Two-Family (Duplex) S P S P P P P P P P P S* P 4.3.2 Dwelling, Mixed-Use P* P* S* S* 4.3.2 Planning Board - December 5, 2024 ITEM: 3 - 3 - 7 1 Farrell, Robert From:Brad Schuler <bschuler@paramounte-eng.com> Sent:Wednesday, November 20, 2024 4:26 PM To:Farrell, Robert Cc:Roth, Rebekah Subject:Public Comment - TA24-05 Warehouse Parking Follow Up Flag:Follow up Flag Status:Completed ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Robert, Thanks for researching the warehousing parking standards and proposing a standard that better aligns with the parking needs for these businesses. Overall, I am supportive of reducing the required parking for warehouses as the current standard far exceeds what is needed and either results in unnecessary impervious surface or additional work on the property owner by having to conduct a parking demand study. I do feel however that the proposed amendment could be improved by 1) further reducing the proposed parking standard to align more with other communities, and 2) by also recommending parking reductions to manufacturing and mini-warehousing uses. As presented to the Planning Board, the current parking standard would require 75 spaces for a 50,000 square foot warehouse, which is the highest of the 12 jurisdictions listed. The proposed standard would only reduce the required parking for the same building to 50 spaces, which still would be tied for the highest required of the 12 jurisdictions listed. In addition, it is important to note that Wilmington parking standards for non-residential uses are maximums and not minimums. The 50 spaces listed for Wilmington would be the maximum allowed, allowing the business to be approved with any amount of parking less than that. When removing New Hanover County’s and Wilmington’s standards, the average required parking for a 50,000sf warehouse would equate to 21 spaces or about 1 space per 2,400sf. Planning Board - December 5, 2024 ITEM: 3 - 4 - 1 2 Secondly, manufacturing and mini-warehousing uses should also have their parking standards reduced. The vast majority of the manufacturing uses listed in the UDO require the same parking standard of 1.5 spaces per 1,000sf. While I definitely understand staff’s desire to have a parking standard based on square feet, the parking needed for these businesses is largely based on the number of employees. The current standard does not accurately reflect this and thus may result in unneeded parking. In addition, parking demand studies would likely use employee count or similar buildings approved in other jurisdictions with lower parking standards to justify the need for less parking. It is important to note that the County’s previous parking standard for industrial uses was mostly based on the number of employees and there have been no parking issues to my knowledge along the 421 corridor or in our industrial parks. Simply put, businesses seem to be aware of the amount of parking they need for their specific operations. In addition, of the other 10 jurisdictions listed above with minimum parking standards, most of the manufacturing/industrial standards are based on employee count or have large square footage standards: 1. Winston-Salem/Forsyth County a. Manufacturing A, B, C i. 0.67 spaces per employee on largest shift + 1 space per vehicle used in the operation 2. Catawba County a. Manufacturing, processing and assembly i. 0.6 spaces per employee on largest shift 3. Columbus County a. Industrial uses i. 1 parking space for each 2 employees on the largest shift 4. Wake County a. Manufacturing, Production and Industrial Service i. 1 space per 2 employees on the shift of maximum employment plus 1 space for every truck to be stored or stopped simultaneously 5. Guilford County a. Manufacturing i. 0.67 spaces per employee on peak shift + 1 per 200sf of retail sales or customer service area + 1 per vehicle used in operations 6. Greensboro a. Light/Heavy Industrial i. Up to 20,000sf: 1 space per 2,000sf ii. 20,001+ sf: 1 per 3,030sf 7. Charolotte/Mecklenburg a. Industrial Uses i. Up to 40,000 sf: ranges from 1 space per 1,000sf to 1 space per 2,000sf ii. 40,000+ sf: ranges from 1 space per 2,500sf to 1 space per 4,000sf 8. Pender County a. Heavy/Light Industrial i. 1 space per 1,000sf floor area 9. Brunswick County a. Heavy/Light Industrial i. 1 space per 1,000sf floor area 10. Durham a. Heavy/Light Industrial i. 1 space per 1,000sf floor area As for mini-warehouse/self-storage facilities, the current standard of 0.5 spaces per 1,000sf of rentable storage area far exceeds what is needed for these facilities. I first became aware of the warehousing parking issue when our firm was designing a mini-warehouse facility on Market Street. That facility would have required 49 parking spaces and, through the parking demand study option, was approved with just 10 parking spaces Planning Board - December 5, 2024 ITEM: 3 - 4 - 2 3 (approx. 80% decrease). When examining other storage facilities along Market Street, we found that 1 space was provided per approximately 11,000sf of building area. Thank you for consideration on this matter. Brad Schuler, AICP Paramounte Engineering, Inc. | 122 Cinema Drive | Wilmington, NC 28403 Office: (910) 791-6707 | Cell: (252) 531-9971 | Fax: (910) 791-6760 | www.paramounte-eng.com Planning Board - December 5, 2024 ITEM: 3 - 4 - 3 1 Farrell, Robert From:Allison Engebretson <aengebretson@paramounte-eng.com> Sent:Wednesday, November 20, 2024 10:04 AM To:Farrell, Robert Cc:Brad Schuler Subject:RE: Mixed Use Dwelling ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Robert, Thanks for the follow up. It sounds like you want to make the ordinance a little easier to create mixed use buildings. Our question is why mixed-use buildings need regulation on where commercial and residential units exist in a shared building. We have commercial and ground floor units proposed in one mixed-use building. This helps meet ADA standards/ regulations and it support aging residents not have to negotiate steps. So, it sounds like we have to remove those residential units or make it a separate building altogether. That seems odd. Thanks, Allison Allison Engebretson, RLA Paramounte Engineering, Inc. | 122 Cinema Drive | Wilmington, NC 28403 Office: (910) 791-6707 | Cell: (910) 620-7262 | Fax: (910) 791-6760) | www.paramounte-eng.com From: Farrell, Robert <rfarrell@nhcgov.com> Sent: Wednesday, November 20, 2024 9:01 AM To: Allison Engebretson <aengebretson@paramounte-eng.com> Cc: Brad Schuler <bschuler@paramounte-eng.com> Subject: Mixed Use Dwelling Good morning, Following up from our meeting yesterday, there was a comment made about the proposed maintenance amendment. Currently the UDO defines “Mixed-Use Residential” as “a structure that combines a commercial unit or unit(s) with a separate residential dwelling unit or units located on any floor except the ground floor.” StaƯ is proposing to delete that and replace it with “Dwelling, Mixed Use” with the proposed definition of “Any dwelling unit type listed in the Unified Development Ordinance that is part of a mixed-use development. Mixed Use Dwellings may be separate from commercial uses within the same development or combined with a commercial unit or units with a separate residential dwelling unit or units located on any floor except the ground floor.” Does that help clarify that mixed use developments would allow residential dwellings as separate units from a commercial building, but if included in a commercial structure would be required on the second floor or above? Or is there concern that residential should also be allowed on the ground floor in a combined residential / commercial building? Thanks, Planning Board - December 5, 2024 ITEM: 3 - 4 - 4 1 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, November 20, 2024 6:48 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject:Online Form Submission #15467 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Katherine Last Name Tylee Address 1056 Seabreeze Rd South City WILMINGTON State NC Zip Code 28409 Email Kmtylee@gmail.com Please select the case for comment. PB Meeting - TA24-05 - UDO Maintenance Amendment What is the nature of your comment? Oppose project Public Comment In regard to the proposed addition of the terminology "mixed- use dwellings" and the elimination of "single-family dwelling" via Special Permit in a Commercial district: I think that this would hurt residential development in the area of Seabreeze, between Seabreeze Rd S and Elm St area. To add a requirement that sidewalks are installed is just silly in an area that has not a single sidewalk, no pedestrian walkways at all, not even a shoulder on the road. This is a big reason why I feel that the Community Mixed Use place type is wrong for this Planning Board - December 5, 2024 ITEM: 3 - 4 - 5 2 area. We are a residential area with a bunch of obsolete, impractical B-2 lots predating zoning but given theat zoning designation when zoning began in 1971. This amendment seems to me to make it more difficult for this neighborhood to grow residential and that is not something I can support. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Planning Board - December 5, 2024 ITEM: 3 - 4 - 6 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 12/5/2024 Other Business DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning & Land Use Director CONTACT(S): Rebekah Roth, Planning and Land Use Director SUBJECT: Adop%on of a Revised 2025 Planning Board Mee%ng Calendar BRIEF SUMMARY: At the November 7, 2024 Planning Board mee#ng, the board approved a mee#ng calendar for 2025. One of the dates listed for an agenda review mee#ng--August 29, 2025--is on a Friday, not a Tuesday. A revised calendar correc#ng that informa#on is a.ached so it can be approved and adopted. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt calendar. ATTACHMENTS: Descrip#on Revised 2025 Planning Board Meeting Calendar COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - December 5, 2024 ITEM: 4 Tuesday, January 7, 2025 3:00 PM Thursday, January 9, 2025**6:00 PM Tuesday, February 4 3:00 PM Thursday, February 6 6:00 PM Tuesday, March 4 3:00 PM Thursday, March 6 6:00 PM Tuesday, April 1 3:00 PM Thursday, April 3 6:00 PM Tuesday, April 29 3:00 PM Thursday, May 1 6:00 PM Tuesday, June 3 3:00 PM Thursday, June 5 6:00 PM Tuesday, July 8 3:00 PM Thursday, July 10**6:00 PM Tuesday, August 5 3:00 PM Thursday, August 7 6:00 PM Friday, August 29*3:00 PM Thursday, September 4 6:00 PM Tuesday, September 30 3:00 PM Thursday, October 2 6:00 PM Tuesday, November 4 3:00 PM Thursday, November 6 6:00 PM Tuesday, December 2 3:00 PM Thursday, December 4 6:00 PM Tuesday, January 6, 2026 3:00 PM Thursday, January 8, 2026**6:00 PM * Please note day change ** 2nd Thursday Conference Room 138 Assembly Room 301 230 Government Center Dr.24 North 3rd Street NEW HANOVER COUNTY PLANNING BOARD Location: NHC Government Center Location: NHC Historic Courthouse 2025 Agenda Review and Regular Meeting Schedule AGENDA REVIEW MEETING DATE MEETING TIME REGULAR MEETING DATE MEETING TIME Planning Board - December 5, 2024 ITEM: 4 - 1 - 1