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Home My WebLink About3-6-25 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 MARCH 6, 2025 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 Text Amendment Request (TA25-01) - Request by Tammi Pi9s, applicant, on behalf of Wilmington Lodge #343, Loyal Order of Moose, INC, property owner, to amend Sec;on 4.4.4 Standards for Specified Accessory Uses and Structures to allow RV and boat storage and RV camping as permi9ed accessory uses to Lodges, Fraternal, & Social Organiza;ons with restric;ons. 2 Public Hearing Rezoning Request (Z25-02 – Medical Office) – Request by John Hinnant with Eastern Carolinas Commercial Real Estate, applicant, on behalf of Paul and Jane Chaucer, property owners, to rezone the exis;ng (CZD) CB, Community Business zoning of approximately 0.36 acres located at 2626 Castle Hayne Road to (CZD) B-1, Neighborhood Business for the use of Medical and Dental Office and Clinic and other limited uses. 3 Public Hearing Text Amendment Request (TA25-02) - Request by New Hanover County Planning and Land Use to amend Sec;on 4.4.4, Sec;on 6.3.2, Sec;on 2.3 and Sec;on 11.7 of the New Hanover County Unified Development Ordinance related to Accessory Dwelling Units, performance guarantees, and non-conforming signs to meet North Carolina General Statute requirements. Planning Board - March 6, 2025 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2025 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner CONTACT(S): Zach Dickerson; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Text Amendment Request (TA25-01) - Request by Tammi Pi5s, applicant, on behalf of Wilmington Lodge #343, Loyal Order of Moose, INC, property owner, to amend Sec>on 4.4.4 Standards for Specified Accessory Uses and Structures to allow RV and boat storage and RV camping as permi5ed accessory uses to Lodges, Fraternal, & Social Organiza>ons with restric>ons. BRIEF SUMMARY: The Wilmington Moose Lodge has submi$ed a text amendment request to add a new accessory use of Recrea)onal Vehicle (RV)/Travel Trailer Dwelling at a Lodge to the primary use of Lodges, Fraternal & Social Organiza)ons. The applicant stated a desire to amend the ordinance to fit with a service provided by the Moose Lodge since the 1980's. Under the proposed amendment, the RVs would be allowable for private fraternal and benevolent non-profit lodges to use their property for overnight dwelling with specific standards. Those applicant-proposed standards are outlined in the staff report. This request is )ed to a zoning viola)on, in which the Moose Lodge was cited for hos)ng RVs overnight and for storage of RVs on the property. Under current zoning regula)ons, this is not permi$ed on the site. Since that )me, the applicant has come into compliance, but they wish to resume their previous ac)vi)es legally. Staff has conducted research on other jurisdic)ons' ordinances where the applicant provided loca)ons of other Moose Lodges that offer RV Camping in North Carolina. While regula)ons vary, some currently exis)ng RV camping and storage uses at lodges would not be allowed under today's regula)ons in these jurisdic)ons. Staff also looked into similar social lodge uses in the City of Wilmington and New Hanover County which do not offer camping and storage on their property. Lastly, staff's research coordinated with the New Hanover County Environmental Health Department in regard to waste disposal for camping on-site, a major concern for this type of use. Staff generally supports mixed-use developments that serve the surrounding community, but the mix of uses included in the requested text amendment provide fewer direct benefits to nearby residents and business owners. While social lodges primarily benefit local residents, campground uses are more likely to provide benefits to visitors, and RV storage is generally allowed only in commercial or industrial districts in the UDO, unlike the residen)al areas where social lodges are permi$ed. Ul)mately, the combina)on of a lodge, campground, and RV storage raises concerns about compa)bility with residen)al areas. While staff is not en)rely opposed to such developments, this par)cular mix of uses could be problema)c. However, if the Board deems them appropriate, staff has dra?ed language that could integrate these uses into the exis)ng ordinance framework- this is included in the staff report. Planning Board - March 6, 2025 ITEM: 1 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Lodges, Social and Fraternal are allowed in several loca)ons throughout the unincorporated County, both by-right and through a Special Use Permit. This is a civic use, which typically serves nearby residents. Campgrounds are typically relegated to commercial zoning districts, and serve visitors; these two types of uses func)on differently from a land use perspec)ve. While staff is not opposed to these types of uses in general, staff has serious concerns about the compa)bility of this combina)on of uses on any one site and the poten)al impact to nearby areas, par)cularly residen)al uses. As a result, Staff recommends a denial of the request. However, staff has prepared an amendment that would allow this combina>on of uses to func>on within specific parameters. If the Board feels that sufficient informa>on is presented at the hearing to allow for them to make a recommenda>on of approval, they may elect to proceed with an alterna>ve mo>on. Recommended mo)on language can be found in the a$ached Script. ATTACHMENTS: Descrip)on TA25-01 Script PB TA25-01 Staff Report PB TA25-01 Initial Application Cover Sheet TA25-01 Application TA25-01 Public Comments Cover Sheet Supplemental Map - By-Right Lodges Supplemental Map - SUP Lodges Supplemental Map - All Zoning Districts for Lodges COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - March 6, 2025 ITEM: 1 PLANNING BOARD SCRIPT for Unified Development Ordinance Text Amendment Application (Z25-01) Request by Tammi Pitts, applicant, on behalf of Wilmington Lodge #343, Loyal Order of Moose, INC, property owner, to amend Section 4.4.4 Standards for Specified Accessory Uses and Structures to allow RV and boat storage and RV camping as permitted accessory uses to Lodges, Fraternal, & Social Organizations with restrictions. 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. Suggested Motion for Denial I move to RECOMMEND DENIAL of the proposed amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.4.4. I find it to be INCONSISTENT with the goals of the 2016 Comprehensive Plan to support business success because it provides services that could compete with private businesses. I find RECOMMENDING DENIAL of the amendment request is reasonable and in the public interest because the amendment allows for too many mixes of uses on generally low- intensity sites. Planning Board - March 6, 2025 ITEM: 1 - 1 - 1 Alternate Motion for Approval: I move to RECOMMEND APPROVAL of the staff-prepared amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.3.4. I find it to be CONSISTENT with the goals of the 2016 Comprehensive Plan to encourage a mix of uses and promote place-based economic development. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it allows lodges and social organizations to provide customary services for their members. Planning Board - March 6, 2025 ITEM: 1 - 1 - 2 TA25-01 Staff Report PB 3.6.2025 Page 1 of 8 STAFF REPORT FOR TA25-01 TEXT AMENDMENT REQUEST REQUEST SUMMARY Case Number: TA25-01 Request: Request by Tammi Pitts, applicant, on behalf of Wilmington Lodge #343, Loyal Order of Moose, INC, property owner, to amend Section 4.4.4 Standards for Specified Accessory Uses and Structures to allow RV and boat storage and RV camping as permitted accessory uses to Lodges, Fraternal, & Social Organizations with restrictions. Applicant: Subject Ordinances: Tammi Pitts, Wilmington Lodge #343, Loyal Order of Moose INC Unified Development Ordinance (UDO) Purpose & Intent The applicant’s key intent for this amendment is to allow RV and boat storage and limited RV camping as a by-right accessory activity to the use of Lodges, Fraternal, & Social Organizations. BACKGROUND & APPLICANT’S ASK Background & Context Tammi Pitts, Administrator for the Wilmington Moose Lodge has submitted a request for a text amendment to the Unified Development Ordinance (UDO) to add a new accessory use of Recreational Vehicle (RV)/Travel Trailer Dwelling at a Lodge to the primary use of Lodges, Fraternal, & Social Organizations. The applicant stated a desire to amend the ordinance to fit with a service provided by the Moose Lodge since the 1980’s. This request is tied to a zoning violation. In May 2024 the Planning Department received an inquiry about the Wilmington Moose Lodge (4601 Carolina Beach Road) allowing RV and boat trailer storage and RV camping on site. The Moose Lodge site is zoned R-15, Residential and received a Special Use Permit in 1980 (S- 146) to permit the lodge. After receiving the complaint in 2024, Planning staff investigated and determined the property was storing RVs and boats and was allowing lodge members to camp in RVs on site. That activity was determined to be in violation of the UDO because the use of RV and Boat Trailer Storage was not permitted in the R-15 zoning district, and while the use of Campground was allowed in the R-15 district with a special use permit, the lodge had not received approval for a Campground use. Through communication with staff through June-September 2024, The Moose Lodge came into compliance with the ordinance by ceasing all RV and boat storage and RV camping on site by October of 2024. The Moose Lodge would like to resume the RV and boat storage and RV camping operation and have submitted a request to amend the UDO to allow the activities as an accessory use inherent to the typical functioning of their lodge. Planning Board - March 6, 2025 ITEM: 1 - 2 - 1 TA25-01 Staff Report PB 3.6.2025 Page 2 of 8 Applicant’s Ask Under the proposed amendment, the RVs would be allowable for private fraternal and benevolent non-profit lodges to use their property for overnight dwelling with specific standards. Those standards are as follows: a. Use is for members only. b. Limited to 14 consecutive days. c. Sanitation must be disposes of in a lawful manner by bringing to an approved sanitation station. d. Maximum of 6 sites. e. Every site shall consist of a minimum of 1,000 sq. ft. to accommodate one camping vehicle. f. Property must have ample parking space for one motor vehicle per campsite. g. Record must be kept of all occupants of the campsites including name and address, member number, dates of occupation, and make, model and license plate of camping vehicle. The request also includes allowing for RV & Boat Trailer Storage for members only, including all standards required for that use in UDO Section 4.3.5.D.1, including one additional standard as outlined below: a. Limited to 30 vehicles. Current Ordinance Language The UDO defines the use of Lodges, Fraternal, & Social Organizations as: “An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational or like activities, operated on a nonprofit basis for the benefits of its members, and certified as a non-profit organization by the Secretary of State of the State of North Carolina.” This type of use is allowed by right in most commercial districts and requires a special use permit in some residential districts: Allowed By-Right Special Use Permit Required B-1, Neighborhood Business RA, Rural Agricultural B-2, Regional Business AR, Airport Residential CB, Community Business R-20, Residential CS, Commercial Services R-20S, Residential O&I, Office & Institutional R-15, Residential PD, Planned Development R-10, Residential UMXZ, Urban Mixed Use Zoning R-7, Residential Planning Board - March 6, 2025 ITEM: 1 - 2 - 2 TA25-01 Staff Report PB 3.6.2025 Page 3 of 8 The use of Campground which includes RV camping requires a special use permit in 6 residential districts and is only allowed by-right in the PD and B-2 zoning districts. The UDO also contains several additional development standards for the use. The use of RV and Boat Trailer Storage is currently only allowed in higher intensity commercial and industrial districts such as the B-2, I-1, and I-2 districts. STAFF RESEARCH & ANALYSIS Permissions for Camping and Storage for Lodge in Other Jurisdictions The applicant provided staff with a list of other Moose Lodges in the surrounding area which provide RV camping and storage, including in the City of Wilmington, Pender County, and Onslow County. Staff contacted the Planning Departments in those jurisdictions to determine how RV camping and storage was regulated for lodges. Jurisdiction Camping and Storage? Regulations City of Wilmington, NC (Elks Lodge) Yes - The site included RV camping and storage before annexation into the city in 1999. City planning staff stated the camping and storage is considered a legal non-conformity. Staff could find no record of the initial approvals for those uses. RV camping and storage are not permitted for lodges under the current city zoning regulations. Pender County, NC (Moose Lodge) Yes – The site allows RV Camping and storage. RV camping and storage is permitted under a historic Special Use Permit. These uses would not be allowed under current ordinance. Onslow County, NC (Moose Lodge) No – Onslow County Planning Staff stated this location did not have camping or storage to their knowledge. RV camping and storage are not permitted for lodges under current regulations. Oak Island, NC (Moose Lodge) No – Oak Island Staff confirmed there is no camping or storage at this location. RV camping and storage are not permitted for lodges under current regulations. McDowell County, NC (Moose Lodge) McDowell County staff could not confirm whether there is RV camping or storage at this location. Per McDowell County Planning staff, this part of the County does not have zoning, so this would be unregulated. Based on staff research, regulations vary, and it appears that some currently existing RV camping and storage uses at lodges would not be allowed under today’s regulations. Planning Board - March 6, 2025 ITEM: 1 - 2 - 3 TA25-01 Staff Report PB 3.6.2025 Page 4 of 8 Lodges in the City of Wilmington and New Hanover County Staff also researched locations of currently existing lodges in the unincorporated County. This includes, but is not limited to Elks Lodges, Shrine Clubs, Masonic Lodges, American Legion, and Veterans of Foreign Wars (VFW). Research on similar uses in the surrounding area indicates that other similar lodges in New Hanover County do not offer camping and storage of RVs on their property. Lodge Camping and Storage? Notes American Legion No Located at 702 Pine Grove Drive, inside City of Wilmington. Wilmington Mason Lodges (College Dr & Oriole Drive) No Both are located in City Limits. Wilmington Shrine Club No Located in the unincorporated County. Additional Considerations for Research The UDO also regulates waste disposal for campgrounds/RV parks. Currently, the requirement is that each park provide at least one sewage dumping station approved by the New Hanover County Health Department. The applicant’s proposed language is that sewage shall be disposed of at an approved disposal location, but does not specify whether that would be located on or off-site. The New Hanover County Environmental Health Department indicated that the safest method of waste disposal would be on-site. Staff Analysis The UDO considers RV camping in the same land use category as motels and bed and breakfasts, which are regulated differently from civic uses. Campgrounds and Lodges require a Special Use Permit in residential districts, but campgrounds generally need much larger parcels (10-15 acres) compared to lodges (minimum of 2 acres). Despite some regulatory similarities, campgrounds and lodges function differently in terms of land use. Staff previously analyzed a similar request in 2023, which sought to allow small-scale campgrounds in residential areas. Based on previous research, staff recommended requiring a Conditional Rezoning for the small-scale campgrounds- allowing them only within Conditional Rural Agricultural or Conditional R-20 districts. The intent was to enable a level of Board review and public input with safeguards related to the impact of the proposal to the nearby community. The Board of Commissioners denied this text amendment request. Additionally, the applicant requests 30 RV storage spaces for lodge sites. Under the UDO, RV and Boat Trailer Storage is only allowed in PD, B-1, B-2, CS, AC, and I-2 districts, typically in conjunction with self-storage or industrial uses. These facilities have specific regulations, including buffering, access controls, and a prohibition on covered storage. Planning Board - March 6, 2025 ITEM: 1 - 2 - 4 TA25-01 Staff Report PB 3.6.2025 Page 5 of 8 Staff generally supports mixed-use developments when they serve the surrounding community, such as retail, medical, or civic uses. While social lodges primarily benefit local residents, campgrounds cater to visitors, making them less compatible. RV storage, though potentially useful for lodge members, does not align with the lodge’s primary function. Ultimately, the combination of a lodge, campground, and RV storage raises concerns about compatibility with residential areas. Staff’s alternative amendment requires sites with this use to be located only along major arterial roads which are largely commercial, intending to reduce the impact to neighborhood roads and residential uses. While staff is not entirely opposed to such developments, this particular mix of uses is problematic due to the large numbers of locations the uses could potentially be allowed outside commercial locations. However, if the Board deems them appropriate, staff has drafted language that could integrate these uses into the existing ordinance framework. If the Board wishes to adopt the below alternative amendment, the applicant and any other lodges wanting to include RV camping or storage uses on-site would have to update their sites to comply with these standards. Applicants for this use would be required to design the site to fit these standards and obtain site plan approval. This includes either Technical Review Committee approval or Special Use Permit and then Technical Review Committee approval. Staff has prepared maps, included in the packet, that show where in the County lodge uses are allowed by-right and by Special Use Permit. Based on the applicant’s proposed language, RV Camping and storage would be allowed in several places in the County. Staff’s narrower language would limit this to only places along major arterial roads, including but not limited to College Road, Castle Hayne Road and Carolina Beach Road. Planning Board - March 6, 2025 ITEM: 1 - 2 - 5 TA25-01 Staff Report PB 3.6.2025 Page 6 of 8 STAFF ALTERNATIVE AMENDMENT The staff alternative text amendment is below, with red italics indicating proposed new language. Article 4: Uses and Use-Specific Standards Section 4.3.3.B.3 Lodges, Fraternal, and Social Organizations Lodges, Fraternal, and Social Organizations in all residential districts shall comply with the following standards: a. All new sites shall be a minimum of two acres in size. b. Structures shall have side and rear setbacks of 50 feet and front yard of at least 25 feet greater than that required for single family residences within the district located. c. Provisions for food, refreshments, and entertainment for club members and their guests may be allowed in conjunction with such use if the Board of County Commissioners determines that said provisions will not constitute a nuisance. d. RV Camping and RV Storage Generally: The following apply to both RV camping and RV storage at a lodge: i. The property must be a minimum of 5 acres in size. ii. RV camping and / or RV storage is only permitted on the same parcel as the primary lodge facility. iii. Existing lodges that want to add RV camping or RV storage as an accessory use must go through the required zoning approval process for the use of Lodges, Fraternal, and Social Organizations required by the property’s underlying zoning district. iv. Lodges with both RV camping and RV storage must clearly designate separate areas for each accessory use. No RV camping is permitted in areas designated for RV storage. v. RV camping and / or RV storage is only allowed as a secondary use to a non-residential structure. vi. The property must have direct access to a major arterial road, as classified by the WMPO Roadway Classification. vii. No camping or storage is allowed within a designated flood zone. viii. Vehicles and RVs cannot be parked overnight in spaces required for lodge parking. ix. All RV camping and storage must be located behind the primary building and cannot be in the front or side yard. x. RV camping and storage areas next to properties zoned or used residentially must comply with the setback requirements for B-2 uses, as outlined in Table 3.1.3.C.1. Planning Board - March 6, 2025 ITEM: 1 - 2 - 6 TA25-01 Staff Report PB 3.6.2025 Page 7 of 8 xi. The RV camping and storage areas must be screened from adjacent properties zoned or used residentially with a Type A: Opaque Buffer. xii. Outdoor lighting must not exceed 12 feet in height, and illumination at the property line cannot be greater than 0.5 foot-candles. e. RV Camping i. The length of stay shall be no more than 14 consecutive days. ii. A maximum of six RV camping sites are permitted on the property. iii. Each RV camping space must be at least 1,200 square feet, clearly marked with permanent markers or monuments, and provide a parking space for one non-RV motor vehicle. iv. Restroom and shower facilities can only be located inside the primary lodge building; no separate facilities are allowed. v. RV camping areas must have at least one approved sewage dumping station. vi. Sewage dumping stations must be approved by the New Hanover County Health Department. vii. No sewage disposal system can be installed, altered, or used without approval from the New Hanover County Health Department. viii. The lodge operator is responsible for maintaining an accurate register of all campers. This register must be available for inspection by law enforcement, public health officials, and other authorized personnel. The register must include: ix. Names and addresses of all occupants. x. Dates of arrival and departure. xi. License plate numbers (including state of issuance), vehicle make, and type for each vehicle on-site. f. RV Storage i. A maximum of 20 RV storage spaces are allowed on the site. ii. The storage area must be open-air and at ground level. No enclosed structures or overhead covers are allowed. iii. Repair, maintenance, or habitation of any RV in storage on the site is strictly prohibited. Planning Board - March 6, 2025 ITEM: 1 - 2 - 7 TA25-01 Staff Report PB 3.6.2025 Page 8 of 8 STAFF RECOMMENDATION Lodges, Social and Fraternal are allowed in several locations throughout the unincorporated County, both by-right and through a Special Use Permit. This is a civic use, which typically serves nearby residents. Campgrounds are typically relegated to commercial zoning districts and serve visitors; these two types of uses function differently from a land use perspective. While staff is not opposed to these types of uses in general, staff has serious concerns about the compatibility of this combination of uses on any one site and the potential impact to nearby areas, particularly residential uses. As a result, Staff recommends denial of the request and suggests the following motion: I move to RECOMMEND DENIAL of the proposed amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.4.4. I find it to be INCONSISTENT with the goals of the 2016 Comprehensive Plan to support business success because it provides services that could compete with private businesses. I find RECOMMENDING DENIAL of the amendment request is reasonable and in the public interest because the amendment allows for too many mixes of uses on generally low- intensity sites. However, staff has prepared an amendment that would allow this combination of uses to function within specific parameters. If the Board feels that sufficient information is presented at the hearing to allow for them to make a recommendation of approval, they may elect to proceed with an alternative motion: Alternate Motion for Approval: I move to RECOMMEND APPROVAL of the staff-prepared amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.3.4. I find it to be CONSISTENT with the goals of the 2016 Comprehensive Plan to encourage a mix of uses and promote place-based economic development. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it allows lodges and social organizations to provide customary services for their members. Planning Board - March 6, 2025 ITEM: 1 - 2 - 8 Initial Application Documents & Materials Planning Board - March 6, 2025 ITEM: 1 - 3 - 1 NEW HANOVER, COUNTY si)' 7, = t DEPARTMENT OF PIANNING & LAND USE 230 Government Contcr Drivo, Suilo I I O Wilmington, Norrh Corolino 28403 Telephone 191 Ol 798-7 I 65 rAx pto) 798-7053 plon ningdcvolopmcnt.nhcgoy.com UDO TEXT ATENDMENT APPLICATION This oppllcolion form mrst be €ornpleted os port of o texl omendmant oppli<ntion submitted thro4h tfie cornrty's online COAST portol. Thc moin procedurol steps in lhs srbmilrol ond review of opplicofiort ore outlincd in rhe flowchorr betow. More speciftc s.bmitiol ond review requirements, os well os lfio stordords fo be opplied in reviewing lhe opplkction, ore set ori in Sccrion 10.3.1 of the thified Developnrent Ordinonce. Public Hering Ptoccdutcs IE (Optional) PrcrAppllcation Confo/.nco Pl3nnrng Soard Hcrrrnq & Rccom- mendJtion Eorrd ot Commissioners He:rrng 8 Dccrsrol 321 54 6 Publrc Hcrr,ng Schedulinq 8 Nolrfrcairon Pl3nning Orrc'clor Rc"re'a 6 Slaft Rcport Applicrtron Submittal 6 Acceptance Post-Oocrsron Limit.rtioh ind Actions l. Applicant lnformclion I Nome Tarnm', ?itls A/rn tots+r(fu Compony Addrcss City,L'P Phone Emoil ln 4 ++z fd',tr*"tt Nlt e\q> lD- 4+V@ rroccw &;)Js' Poge I of 3 Text Amendmcrl Applicolion - Updoted l2-2O20 I Planning Board - March 6, 2025 ITEM: 1 - 4 - 1 2. Proposed Amendment @ Guncnl Unificd Dcvclopmcnl Orrdinonoc (UDO) Arlidc: firh61 4 CI L 3u Cun"enl UDO Seclion(s) cnd dcvclopmcnt lrqnds, problcms poscd by exirling l-onguogc.clc. (affoch oddilionol pogcq if ncccrrary):aO feinS[ AIL c,a-r.npilq $ f]-\t 64:orA4Q-llm-t .ha$ bccn . -?i flb'Jg S."?:":%'&p'S, ^H.$:il f'ff'ffi g rv 'XiTgaS n4*iu,nuride- aS a beazhl +o bu{ rngrnberS - t t-l\ for nqrnrl,ng conrislcnqf wilh 2Ol6 Comprshcnslve Plon ony other rrlcvonl phnc, Pogc 2 of 3 Tcxt Amcndmcnt Appllcotion - Updotcd l2-2O2OPlanning Board - March 6, 2025 ITEM: 1 - 4 - 2 Stoff will use lhe following ch€cklirt to determine the completeness of your opplicotion. Pleose verify oll of rhe listed items ore ircludcd ond confirm by initiollng under'Applicont lnitiol". Applicclions determined to be irromplete must be corrected in order to be processed for further review. Atrlfcrlrkn Cficcllbr E nis opplicoiion form, completed qnd signcd E Applicotion fee:34o0 tr One copy of ALL doomcnrs" Addirionol hord copies moy be required by stoff dcpcnding on lhc size of fte document 3. Acknowledgement ond Signolures By my signoture below, I understond ond occept oll of the condilions, limholions ond obligolions of lhe text omendmerrt for whidr I om opplying. I cerrify rhot rhis opplicotion is complete ond thot oll informotion prcented in rhis opplicorion is ocqrrole to the best of my knowlcdge, rltrrur^- QW, informotio,n, ond bclief. tO lnfvl t Signoturo of Appliccnr(s)Prinl Nome(s) lf on opplianl reguesls delay of considerotlbn from llr' Plonning Eool,.d or Eoord of Counly Commissioners before nofi:ce hos been senl lo lfie newspoper , lle ilem will b colendored for tln next neci'ng ond no f* will be regur'red. lf &lay rs regnested sffrer notice hos been senl lo ffie newspoper, the Eoord will od on ffie reqrrcsl of fhe scheduled meeling otrd ore undq no obft:gotrbn fro gronl the contr'nuonc,e. lf llp confinuonc,e is gronied, o fee ln occordonce with tfre odopled fee schedule os pubn'shed on lfie New Honover Counly Plonning website will be rquired. Pogc 3 of 3 Text Amendment Applkotion - Updorcd 12-2020 ?ils Planning Board - March 6, 2025 ITEM: 1 - 4 - 3 Public Comments In Support 0 Neutral 0 In Opposition 0 Planning Board - March 6, 2025 ITEM: 1 - 5 - 1 Planning Board - March 6, 2025 ITEM: 1 - 6 - 1 Planning Board - March 6, 2025 ITEM: 1 - 7 - 1 Planning Board - March 6, 2025 ITEM: 1 - 8 - 1 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2025 Regular DEPARTMENT: Planning PRESENTER(S): Katherine May, Development Review Planner CONTACT(S): Katherine May, Development Review Planner; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z25-02 – Medical Office) – Request by John Hinnant with Eastern Carolinas Commercial Real Estate, applicant, on behalf of Paul and Jane Chaucer, property owners, to rezone the exis>ng (CZD) CB, Community Business zoning of approximately 0.36 acres located at 2626 Castle Hayne Road to (CZD) B-1, Neighborhood Business for the use of Medical and Dental Office and Clinic and other limited uses. BRIEF SUMMARY: The applicant is reques%ng to rezone an exis%ng commercial property to (CZD) B-1 to add Medical and Dental Office and Clinic as an allowed use of the property. In February 2023, the Board of Commissioners approved the condi%onal rezoning of a 0.36-acre site at 2626 Castle Hayne Road from R-20 (Residen%al) to (CZD) CB (Community Business) to allow the conversion of a single-family home into a commercial business with parking and buffers. The site was then improved according to the approved plan. However, the CB district requires a minimum lot size of 0.5 acres, making the site nonconforming at 0.36 acres—a detail overlooked during the ini%al rezoning. To address this, the applicant and staff determined that the B-1 district, which has no minimum lot size, would be more appropriate. Rezoning to the B-1 district would also permit the addi%onal use of Medical and Dental Office and Clinic, alongside the previously approved uses, which include Business and Professional Offices, Instruc%onal Services and Studios, Personal Services (excluding Ta<oo Parlors), and General Retail Sales. The applicant proposes no changes to the site plan, and addi%onal parking is not required as the site meets the necessary parking requirements. Minor modifica%ons to the interior of the commercial structure may be made to accommodate the new use. The rezoning would not have an impact on peak hour trips. While Castle Hayne Road is over capacity, the project does not meet the threshold for a traffic impact analysis, though NCDOT will review it through the driveway permiBng process. The 2016 Comprehensive Plan designates the property as Community Mixed Use, which encourages compact, mixed- use developments that support mul%ple modes of transporta%on. The proposed rezoning is generally CONSISTENT with this plan, aligning with the recommended uses and the area's evolving commercial character. STRATEGIC PLAN ALIGNMENT: Planning Board - March 6, 2025 ITEM: 2 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff’s recommenda%on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera%ons, and technical review. The proposed use is in line with the recommenda%ons for the Community Mixed Use place type, includes rela%vely low traffic generators, and is located near other compa%ble uses. The proposed (CZD) B-1 district is generally CONSISTENT with the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. As a result, Staff recommends APPROVAL of the proposal. Please refer to the Script for suggested and alterna>ve mo>on language. ATTACHMENTS: Descrip%on Z25-02 Planning Board Script Z25-02 Staff Report Z25-02 Zoning Map Z25-02 Future Land Use Map Z25-02 Mailout Map Application Cover Sheet Z25-02 Application Concept Plan Coversheet Z25-02 Concept Plan Public Comments Coversheet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - March 6, 2025 ITEM: 2 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z25-02) Request by John Hinnant with Eastern Carolinas Commercial Real Estate, applicant, on behalf of Paul and Jane Chaucer, property owners, to rezone the existing (CZD) CB, Community Business zoning of approximately 0.36 acres located at 2626 Castle Hayne Road to (CZD) B-1, Neighborhood Business for the use of Medical and Dental Office and Clinic 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 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 proposal serves as an appropriate transition between existing residential and commercial uses. In addition, it will expand the opportunity for additional medical offices in the area. Proposed Conditions: 1. Restricting the uses allowed within the district to allow for Medical and Dental Office and Clinic, Business and Professional Offices, Instructional Services and Studios, Personal Services (General, excluding Tattoo Parlor), and Retail Sales (General). Planning Board - March 6, 2025 ITEM: 2 - 1 - 1 2. The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Plantings will be installed along Castle Hayne Road frontage to meet current “street yard” landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting shall be controlled so that light spillage & glare is not directed at adjacent properties, neighboring areas, or motorists. 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 project allows 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 it is not consistent with the surrounding land uses. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) B-1 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 - March 6, 2025 ITEM: 2 - 1 - 2 Z25-02 Staff Report PB 3.6.2025 Page 1 of 12 STAFF REPORT FOR Z25-02 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z25-02 Request: Rezoning to a conditional B-1 district Applicant: Property Owner(s): John Hinnant, Eastern Carolinas Commercial Real Estate Paul & Jane Chaucer Location: Acreage: 2626 Castle Hayne Road 0.36 PID(s): Comp Plan Place Type: R03311-004-017-001 Community Mixed Use Existing Land Use: Proposed Land Use: Vacant commercial building Medical and Dental Office & Clinic Current Zoning: Proposed Zoning: (CZD) CB, Community Business (CZD) B-1, Neighborhood Business SURROUNDING AREA LAND USE ZONING North Single-Family Residential, Commercial Gas Station R-20 East Single-Family Residential R-20 South Family Dollar, O’Reilly Auto Parts (CZD) B-1 West Single Family Residential, Advance Auto Parts O&I, SC Planning Board - March 6, 2025 ITEM: 2 - 2 - 1 Z25-02 Staff Report PB 3.6.2025 Page 2 of 12 ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area 10A) February 2, 2023 Case Z22-26: Rezoned to (CZD) CB, Community Business COMMUNITY SERVICES Water/Sewer Property connected to CFPUA water and sewer Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Cape Fear Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources Archaeological No known archaeological resources Planning Board - March 6, 2025 ITEM: 2 - 2 - 2 Z25-02 Staff Report PB 3.6.2025 Page 3 of 12 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • The applicant is requesting to rezone an existing commercial property to (CZD) B-1 to add Medical and Dental Office and Clinic as an allowed use of the property. • On February 6, 2023 the Board of Commissioners approved a conditional rezoning at 2626 Castle Hayne Road for instructional services and retail sales. The approved rezoning included the conversion of a single-family home into a commercial space, additional parking for customers, and buffers to the neighboring residential properties. Following the rezoning the site was improved to the specifications shown on the site plan, including the conversion of the residential home into a commercial building. • Trinity Health, an existing medical office located at 2528 Castle Hayne Road, is proposing to relocate their business approximately 1,000 feet north to the currently vacant commercial site. • The applicant is proposing no changes to the previously approved site plan, therefore no changes will be made to the currently existing site layout. Minor modifications may be made to the interior of the commercial space to accommodate for the change of use. • Currently, the site has a 1,260 sq ft commercial building, 550 sq ft accessory structure, parking to the rear, landscaped street yard and parking lot, and fenced buffers along the neighboring residential properties. Existing Buffers Existing Office Existing Parking Existing Parking Existing Accessory Building Planning Board - March 6, 2025 ITEM: 2 - 2 - 3 Z25-02 Staff Report PB 3.6.2025 Page 4 of 12 ZONING CONSIDERATIONS • The current CB district was established to accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. Development in the CB district should be designed in a form and at a scale that is both walkable and accessible to vehicles and located at intersections and along streets that will allow multiple neighborhoods access to the district’s businesses. CB district lands can serve as a buffer between higher density/intensity development and moderate or low-density multi-family and single-family neighborhoods. • The current CB, Community Business district has a minimum lot size restriction of 0.5 acres, resulting in a nonconformity for the subject site at 0.36 acres. • The minimum lot size requirement for the CB district was missed during the initial 2023 rezoning process. Staff and the applicant determined the B-1 district was more appropriate for the site as that district has no minimum lot size. • The proposed B-1 district would allow the use of Medical and Dental Office and Clinic in addition to the previously approved uses under the Z22-26 rezoning. • The B-1 district was established to accommodate a range of small-scale, low-intensity, neighborhood-serving commercial development that provide goods and services to residents of adjacent neighborhoods. District regulations are intended to ensure uses, development intensities, and a development form that is consistent with a pedestrian-friendly, walkable, and neighborhood scale. • If approved, the proposed medical office would serve as small-scale, low intensity use that would provide service to the Wrightsboro community. • Under the existing (CZD) CB zoning district, the following uses are approved: o Business and Professional Offices o Instructional Services and Studios o Personal Services (General, excluding Tattoo Parlor) o Retail Sales (General) • Definition of the Medical and Dental Office and Clinic Use: o Small-scale facilities or offices where patients are admitted for examination, diagnostic testing, and treatment by one or more physicians, dentists, or other health practitioners on a short-term basis. The use includes the offices of physicians, dentists, chiropractors, optometrists, podiatrists, audiologists, speech pathologists, and other health practitioners. It also includes facilities providing short-term outpatient care and treatment (which may or may not be overnight), such as kidney dialysis centers, outpatient pain therapy clinics, biofeedback centers, sleep disorder clinics, family planning clinics, community health clinics, and health maintenance organization (HMO) medical clinics. Such facilities that provide overnight care and treatment may include sleeping rooms for care workers and members of patients’ families. This use does not include hospitals or massage therapy establishments. Planning Board - March 6, 2025 ITEM: 2 - 2 - 4 Z25-02 Staff Report PB 3.6.2025 Page 5 of 12 • The existing site layout meets the required setbacks for the current CB district and the proposed B-1 district. • Existing provided parking meets the minimum parking requirements for all listed uses including the proposed use of Medical and Dental Office and Clinic. • If approved, the project would be subject to Technical Review Committee and zoning compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. AREA DEVELOPMENTS Planning Board - March 6, 2025 ITEM: 2 - 2 - 5 Z25-02 Staff Report PB 3.6.2025 Page 6 of 12 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning 1,260 sq ft commercial building converted from a single-family home. PROPOSED ACCESS Primary Access Castle Hayne Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Roadway Planning Capacity (AADT) 16,803 Planning Board - March 6, 2025 ITEM: 2 - 2 - 6 Z25-02 Staff Report PB 3.6.2025 Page 7 of 12 Latest Traffic Volume (AADT) 19,000 (AADT Year) Latest WMPO Point-in-Time Count (DT) 17,234 – Castle Hayne Rd between Swartville Rd and Old Mill Rd Current Level of Congestion Over Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS U-5863 – Castle Hayne Rd Widening • Widen Castle Hayne Road into multi-lanes from I-140 to Division Drive. • Project is currently unfunded. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 6 6 0 PM Peak Hour Trips 9 9 0 Assumptions Proposed Development – 1,260 Sq Ft commercial space with the use of Medical Office Sources Source of Trip Generation: ITE Trip Generation Manual, 11th Ed. 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 Trinity Health, an existing medical office located at 2528 Castle Hayne Road, is proposing to relocate their business approximately 1,000 feet north to the currently vacant commercial site. Both locations are along Castle Hayne Road, a minor arterial road, that is currently over capacity. However, because the proposed location is nearby the effect on traffic generation is expected to be minimal. Moreover, the additional use of Medical and Dental Office and Clinic will not have an impact on peak hour trips. Currently, there is one unfunded State Transportation Improvement Project (STIP) nearby. The proposed project’s peak hour traffic is below the 100 peak hour threshold that would require a traffic impact analysis, but NCDOT will review the project through the driveway permitting process. Planning Board - March 6, 2025 ITEM: 2 - 2 - 7 Z25-02 Staff Report PB 3.6.2025 Page 8 of 12 ENVIRONMENTAL • The property is not within a Natural Heritage Area or a Special Flood Hazard Area. • The property is within the Ness Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitations) soils. • The existing structure is currently serviced by CFPUA. 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 Every resident has access to services that support their physical health and mental well-being. The proposal will allow an established medical office to operate from a permanent location in Wrightsboro to better serve the surrounding area and all current clients of the practice. Through planned growth and development, residents have access to their basic needs. The proposal will allow the business to continue providing services in the community. Planning Board - March 6, 2025 ITEM: 2 - 2 - 8 Z25-02 Staff Report PB 3.6.2025 Page 9 of 12 Representative Developments Representative Developments of CB, Community Business (Existing Zoning): Adaptive Reuse Project at 2626 Castle Hayne Road Current Location of the Proposed Medical Office: Trinity Wellness Center at 2528 Castle Hayne Road Planning Board - March 6, 2025 ITEM: 2 - 2 - 9 Z25-02 Staff Report PB 3.6.2025 Page 10 of 12 Representative Developments of Adaptive Reuse Projects: Converted residential structure along Castle Hayne Road Context and Compatibility • Trinity Health is currently located approximately 1,000 feet south of the subject site at 2528 Castle Hayne Road. The business currently operates from a commercial retail development. • If approved, the rezoning would allow the existing business to relocate to a small commercial building with a private driveway, dedicated parking, and buffers to neighboring residential properties. • Both locations are along Castle Hayne Road and located between residential and commercial uses. • Apart from the existing business, there are no other medical offices in Wrightsboro to serve the community. • While the area was zoned for low density housing in the late 1960s and early 1970s, the 2016 Comprehensive Plan recommends a mixture of commercial uses. • Just south of the property, at the intersection of Castle Hayne Road and Kerr Ave N, are several other commercial businesses including a Family Dollar, Advanced Auto Parts, Food Lion Grocery Store, a commercial strip mall, and a selection of restaurants. Planning Board - March 6, 2025 ITEM: 2 - 2 - 10 Z25-02 Staff Report PB 3.6.2025 Page 11 of 12 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 Type 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 use include office, retail, mixed use, recreational, commercial, institutional, multi-family and single-family residential. Analysis The subject property is located just north of a commercial node in the Wrightsboro community area along Castle Hayne Road. The site, which is currently zoned as commercial, is classified as Community Mixed Use in the Comprehensive Plan which encourages a mix of uses including, commercial, civic, and mixed-use development. The proposed (CZD) B-1 rezoning is consistent with the commercial uses and intensity recommended in the Comprehensive Plan. The proposed use of medical office would support the surrounding residential community along the Castle Hayne Road corridor and encourage similar commercial uses in the Wrightsboro area. Consistency Recommendation The proposed (CZD) B-1 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed use is recommended for the Community Mixed Use place type, and the site is located near supportive land uses along a transitioning commercial corridor. Planning Board - March 6, 2025 ITEM: 2 - 2 - 11 Z25-02 Staff Report PB 3.6.2025 Page 12 of 12 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The Board of Commissioners previously approved a conditional rezoning of (CZD) CB for this site on February 6, 2023. The proposed district allows similar uses to the current district but does not have a minimum lot size requirement. The proposed use of medical office is in line with the recommendations for the Community Mixed Use place type, includes low traffic generators, and is located near supportive land uses. All conditions agreed to in the existing zoning will move forward with the additional use of Medical and Dental Office and Clinic. As a result, Staff recommends approval of the proposal and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the 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 proposal serves as an appropriate transition between existing residential and commercial uses. In addition, it will expand the opportunity for additional medical offices in the area. Proposed Conditions: 1. Restricting the uses allowed within the district to allow for Medical and Dental Office and Clinic, Business and Professional Offices, Instructional Services and Studios, Personal Services (General, excluding Tattoo Parlor), and Retail Sales (General). 2. The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Plantings will be installed along Castle Hayne Road frontage to meet current “street yard” landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting shall be controlled so that light spillage & glare is not directed at adjacent properties, neighboring areas, or motorists. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project allows 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 it is not consistent with the surrounding land uses. Planning Board - March 6, 2025 ITEM: 2 - 2 - 12 Planning Board - March 6, 2025 ITEM: 2 - 3 - 1 Planning Board - March 6, 2025 ITEM: 2 - 4 - 1 Planning Board - March 6, 2025 ITEM: 2 - 5 - 1 Initial Application Documents & Materials Planning Board - March 6, 2025 ITEM: 2 - 6 - 1 Docusign Envelope ID: 6F0FC84F-A7ED-4414-BD6D-8BD514093091 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 l 0.3.3 of the Unified Development Ordinance. Public Hearing Procedures 1.Applicant and Property Owner Information Applicant/ Agent Name John Hinnant Company Eastern Carolinas Commercial Real Estate Address 4922 Randall Parkway, Unit D City, State, Zip Wilmington, NC 28403 Phone 910-619-3430 Email john@eccrenc.com Owner Name (if different from Applicant/ Agent) Paul & Jane Chaucer Company /Owner Name 2 Same as above Address PO Box 591 City, State, Zip Castle Hayne, NC 28429-0591 Phone (910)612-3722 Email pchaucer@aol.com Page 1 of 7 Conditional Zoning District Application -Updated 06-2023 Planning Board - March 6, 2025 ITEM: 2 - 7 - 1 Docusign Envelope ID: 6F0FC84F-A7ED-4414-BD6D-8BD514093091 2.Subject Property Information Address/Location Parcel Identification Number(s) 2626 Castle Hayne Rd R03311-004-017-001 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 0.36 acre CZD-CB 3.Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Maximum Residential Density (if applicable) N/A CZD-B-1 to allow medical office Total Acreage of Proposed District: Maximum Non-Residential Square Footage (if applicable) 1,546 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. This application is to add Medical Office/Clinic to the list of existing uses for a behavorial health practice. It was omitted with the initial changes approved in February 6, 2023 based on that application. My client, a behavioral health business is currently operating one block south of the Subject Property. In the Community Business ("CB") district, Medical Office/Clinic is allowed with a parking requirement of 3.5/1,000 sf of structure. At present, the Subject Property has 1 0 total parking spaces, exceeding the required 5.4 based on the square footage of the existing structure. There is no plan to change the existing site plan or the current improvements. Currently, the business operates with 60-75% of their clients via tele-medicine, so traffic should not be impacted. Page 2 of 7 Conditional Zoning District Application -Updated 06-2023 CZD B-1 Planning Board - March 6, 2025 ITEM: 2 - 7 - 2 Docusign Envelope ID: 6F0FC84F-A7ED-4414-BD6D-8BO514093091 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. There are no known conditions that should be added. 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 1 00 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): N/A Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: I PM Peak Hour Trips: Page 3 of 7 Conditional Zoning District Application -Updated 06-2023 Planning Board - March 6, 2025 ITEM: 2 - 7 - 3 Docusign Envelope ID: 6F0FC84F-A7ED-4414-BD6D-8B0514093091 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. The proposal is to add "Medical Office & Clinic" to the existing CZD-CB. As mentioned before, Medical Office & Clinic is an approvded use in the Community Business district. This change is consistent with the County's policies for growth and development as this service provides a medical service along commercial streets in close proximity to fast-growing areas like Castle Hayne. The proposed use and current use are likely to have the same amount of traffic counts. 2.How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. The site will remain consistent with the changes approved in February 2023 and will remain consistent with the current classification on the 2016 Comprehensive Plan's Future Land Use Map. Page 4 of 7 Conditional Zoning District Application -Updated 06-2023 Planning Board - March 6, 2025 ITEM: 2 - 7 - 4 Docusign Envelope ID: 6F0FC84F-A7ED-4414-BO6O-8BO514093091 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'? My client is an entrepreur looking to grow wealth through commercial real estate ownership for their small medical business. My client currently has the property under contract for purchase and looks to relocate their small business there and transition from being a tenant to a property owner. Page 5 of 7 Conditional Zoning District Application -Updated 06-2023 Planning Board - March 6, 2025 ITEM: 2 - 7 - 5 Docusign Envelope ID: 6F0FC84F-A7ED-4414-BD6D-8BD514093091 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 0 This application form, completed and signed (all property owners must sign signatory page) 0 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 0 Community Information Meeting Report (complete and signed by agent or all property owners) D 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. 0 Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning 0 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 Page 6 of 7 Conditional Zoning District Application -Updated 06-2023 Planning Board - March 6, 2025 ITEM: 2 - 7 - 6 Docusign Envelope ID: 6F0FC84F-A7ED-4414-BD6D-8B0514093091 D Documentation on soil types and infiltration rates if underground stormwater facilities proposed 0 One (1) digital PDF copy of ALL documents AND plans 7.Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1.Submit an application including all required supplemental information and materials; 2.Appear at public hearings to give representation and comments; 3.Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4.Provide written consent to any and all conditions of approval. f�� ---'--..fIBl:lfrre-�15<r----"----<�·m�.w------ Signature of Property Owner(s) c-��/·E�-- -· �-, ,?Signature of Applicant/Agent Paul A Chaucer Jane E Chaucer Print Name(s) Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 7 of 7 Conditional Zoning District Application -Updated 06-2023 Planning Board - March 6, 2025 ITEM: 2 - 7 - 7 Docusign Envelope ID: 6F0FC84F-A7ED-4414-BD6D-88D514093091 NEW HANOVER COUNTY DEPARTMENT OF PLANNING LAND USE Nhcgov.com/528/Planning-Land-Use COMMUNITY INFORMATION MEETING REPORT Address/Location 2626 Castle Hayne Rd Meeting Date and Time January 6, 2025 -6:00pm Format (Virtual, In-Person, Hybrid) In person Selection Criteria for Location This is the Subject Property. Meeting Summary Issues and Concerns Discussed at Meeting There were no attendees. Parcel Identification Number(s) R03311-004-017-001 Location if In-Person or Hybrid 2626 Castle Hayne Rd Planning Board - March 6, 2025 ITEM: 2 - 7 - 8 Docusign Envelope ID: 6F0FC84F-A7ED-4414-BD6D-8BD514093091 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns {if no modifications were made, please explain why) No attendees 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 0 A list of names and addresses of attendees 0 A list of the names and addresses of invitees and copies of any returned mailings received to date 0 A copy of the mailed notice with all attachments 0 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 proper/ owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] ( 2 �/ '2...... / ?-o .Ztf . 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. Si�tf�ture of Applicant or Applicant's Agent John Hinnant Print Name Date Page 2 of 2 Community Information Meeting Report -Approved 06-2022 Planning Board - March 6, 2025 ITEM: 2 - 7 - 9 Docusign Envelope ID: 6F0FC84F-A7ED-4414-BD6D-8BD514093091 TRAFFIC IMPACT ANALYSIS REPORT Applicants are encouraged to fill out this report in addition to providing the required Traffic Impact Analysis to allow for efficient staff review and Board consideration of your application. Not applicable Address/Location Approval Date 2626 Castle Hayne Rd February 6, 2023 Development Proposal Analyzed (number and type of residential units and/or square footage and land use code of non-residential structures) Study Intersections Traffic Data Collection Date(s) Trip Generation Planning Board - March 6, 2025 ITEM: 2 - 7 - 10 Docusign Envelope ID: 6F0FC84F-A7ED-4414-BD6D-BBD514093091 Trip Distribution and Assignment Approved Developments Considered Planned Roadway/Intersection Improvements Considered Approved Background Growth Rate Required Improvements (with phasing if proposed) Page 2 of 2 Community Information Meeting Report -Approved 06-2022 Planning Board - March 6, 2025 ITEM: 2 - 7 - 11 2626 Castle Hayne Rd., Wilmington, NC 28401 PARID: R03311-004-017-001 Legal Description: ( .36 ACRES) PT HORNE Planning Board - March 6, 2025 ITEM: 2 - 7 - 12 December 12, 2024 Eastern arolinas ommercial This is a notice for a community information meeting for an upcoming request by John Hinnant with Eastern Carolinas Commercial Real Estate, applicant, on behalf of Paul & Jane Chaucer, property owner, for a Conditional Use Rezoning from CZD-CB to CZD-CB for Medical Office/Clinic. The subject property is approximately 0.36 acres and is located at 2626 Castle Hayne Rd, and is identified as R03311-004-017-001. The purpose of the community meeting is to explain the proposal and answer questions from meeting attendees. The meeting will be held at 2626 Castle Hayne Rd and begin at 6:00 pm on Wednesday, December 181'\ 2024. The site plan will not be changing, only updating the existing Conditional Zone District -Community Business to allow for a Medical Office among allowed uses. John Hinnant VP / Broker Eastern Carolinas Commercial Real Estate Cell/Text: 910-619-3430 I_ \o .ohi le \t.J" I� i Allman D.B. G472·2�09 20r1:-,-;;. R-?0 l:.-11.:l\f.;::. Eastern Carolinas Commercial Real Estate 4922 Randall Parkway Suite D -Wilmington, NC 28403 0: 910.399.4602 F: 910.399.4675 She.lv1.a Mcl)ow O.D. 971-i 2ot,1n:;J: Rt:v•rl U,:.1 /?.r':!lde.n Planning Board - March 6, 2025 ITEM: 2 - 7 - 13 Advance Stores Company Inc Alhobishi Convenience Stores Mr. Inman Dan E Rentals I or Current Resident or Current Resident or Current Resident 5008 Airport Rd NW Po Box 807 130 Carl Seitter Dr Roanoke, VA 24012-1601 Saint Pauls, NC 28384-0807 Wilmington, NC 28401-2603 Mr. Morton Steven C Mr. Hager John A Mr. Ray Hunter A or Current Resident or Current Resident or Current Resident 111 Horne Place Dr 112 Horne Place Dr 15 Laurel Dr Wilmington, NC 28401-2620 Wilmington, NC 28401-2621 Wilmington, NC 28401-2626 Ms. McDowell Shelvia S Mr. Clark Caleb A Mr. Timmerman Tanner J or Current Resident or Current Resident or Current Resident 4 Laurel Dr 8 Laurel Dr 16 Laurel Dr Wilmington, NC 28401-2627 Wilmington, NC 28401-2627 Wilmington, NC 28401-2627 Pridgen Manley M Ms. Cole Susan C Mr. Allman Allen P or Current Resident or Current Resident or Current Resident 14 Sheridan Dr 21 Sheridan Dr 2630 Castle Hayne Rd Wilmington, NC 28401-2640 Wilmington, NC 28401-2657 Wilmington, NC 28401-2681 Ms. Williams Samantha Mr. Wrightsboro Plaza Mr. Malave Vincent or Current Resident or Current Resident or Current Resident 2701 Castle Hayne Rd 111 Princess St 133 Tributary Cir Wilmington, NC 28401-2684 Wilmington, NC 28401-3948 Wilmington, NC 28401-7013 New Hanover County C/O Tax Ms. McCandless Eleanor N Hughes Credit Shelter Trust Administrator or Current Resident or Current Resident or Current Resident 230 Government Center Dr Ste 190 1911 Knollwood Rd 1650 Military Cutoff Rd Ste 200 Wilmington, NC 28403-1672 Wilmington, NC 28403-5330 Wilmington, NC 28403-5720 Land Lease Carolinas LLC Mr. Short Andrew D Outer Rim Enterprises Inc or Current Resident or Current Resident or Current Resident 2004 Balmoral Pl 3321 Ammons Dr 3508 N Kerr Ave Wilmington, NC 28405-6212 Wilmington, NC 28405-6431 Wilmington, NC 28405-8689 B&C Wrightsboro LLC Mr. Gomez Ramon G Ms. Hughes Joyce S or Current Resident or Current Resident or Current Resident Po Box 3743 5916 Saltee Way 5917 Myrtle Grove Rd Wilmington, NC 28406-0743 Wilmington, NC 28409-4234 Wilmington, NC 28409-4325 Mr. Plotner Stanley J Assured Quality Holdings LLC Mr. Chaucer Paul A or Current Resident or Current Resident or Current Resident 225 Satara Dr 201 Cape Fear Blvd Po Box 591 Wilmington, NC 28412-2039 Carolina Beach, NC 28428-5128 Castle Hayne, NC 28429-0591 Rcj Holdings LLC Jp Porter LLC La Bella Airosa LLC or Current Resident or Current Resident or Current Resident 311 Hermitage Rd 163 Voyager Way 625 Kimberly Ct Castle Hayne, NC 28429-5831 Hampstead, NC 28443-7931 Rocky Point, NC 28457-7811 Planning Board - March 6, 2025 ITEM: 2 - 7 - 14 Ms. Williams Janet Herring or Current Resident 511 Ashley Pl Jacksonville, NC 28546-5820 Oreilly Automotive Stores Inc or Current Resident 233 S Patterson Ave Springfield, MO 65802-2298 Phillips 66 Company Attn: Property Tax or Current Resident Po Box 5600 Bartlesville, OK 74005-5600 Planning Board - March 6, 2025 ITEM: 2 - 7 - 15 Community Meeting - 2626 Castle Hayne Rd January 6, 2025 6:00 pm Attendees NAME ADDRESS 1.✓o k"" l4 : V\ ""c__ 'A,_ -t-£<c 2-r;;-/ A .o � J:c�v--S I 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Planning Board - March 6, 2025 ITEM: 2 - 7 - 16 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1974 respectively and subsequently amended CASE: 222-26 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The New Hanover County Zoning Map is hereby amended by removing the hereinafter described tract from a R-20, Residential District, placing it in a (CZD) CB, Conditional Community Business District, said land consisting of approximately 0.36 acres and being described legally as follows: All of that certain lot or parcel of land located in New Hanover County, State of North Carolina, and being more particularly described as follows: Beginning at a point in the eastern boundary of Castle Hayne Road {U.S. Hwy. 117), a 100' public right-of-way; said point being located southwardly along the right-of-way 343.8 feet from its intersection with the centerline of Sheridan Drive (S.R. 1324), a 50' public right-of-way; and running thence from the point of beginning: North 87°00'00" East, 150.00 feet to a point; thence South 03°00'00" East, 105.00 feet to a point; thence South 87°00'00" West, 150.00 feet to a point in the eastern boundary of Castle Hayne Road; thence with that right-of-way, North 03°00'00" West, 105.00 feet to the point and place of beginning, containing 15,750 Square feet, or 0.362 acres, more or less. 222-26 Order Page 1 Planning Board - March 6, 2025 ITEM: 2 - 7 - 17 Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the New Hanover County Zoning Map on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the conditions also approved as part of this action, shall be in full force and effect from and after its adoption. Section 5. The Cou.nty Commissioners find, in accordance with the provisions of NCGS 160D that the zoning map amendment of approximately 0.36 acres of land from a R-20, Residential District, placing it in a (CZD) CB, Conditional Community Business District, is: Consistent with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. The County Commissioners also find approval of the rezoning request is reasonable and in the public interest because the proposal allows service-oriented uses that could serve as an appropriate transition between existing residential uses and the Wrightsboro commercial node, the proposed use types allow for services that are relatively low traffic generators, and the proposal seeks to reduce traffic conflicts. Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 3.4.5, and 10.3.3 of the County Unified Development Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners and attached as part of this approval. IT IS ORDERED that the application for the issuance of a Conditional Zoning District BE GRANTED subject to the following conditions: A, If any of the conditions imposed within this conditional zoning district shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this district designation shall be reversed and the tract shall be rezoned in accordance with the process for map amendment outlined in Section 10.3.2 of the ordinance. 222-26 Order Page 2 Planning Board - March 6, 2025 ITEM: 2 - 7 - 18 Section 7. In accordance with Section 10.3.3.C.7.c of the ordinance, revocation of the Conditional Zoning District approval may be considered if no building permit has been issued for the subject tract within two years of the date of this approval or if work authorized by the approvals or permits associated with the conditional zoning has not substantially commenced. Section 8. The applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use; and all other state, federal and local rules; and any additional conditions hereinafter stated: 1.Restricting the uses allowed within the district to allow for Business and ProfessionalOffices, Instructional Services and Studios, Personal Services (General, excluding TattooParlor), and Retail Sales (General).2.The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT.3.Plantings will be installed along Castle Hayne Road frontage to meet current "street yard"landscape requirements.4.Any free-standing sign(s) on the site shall be monument style with landscaping aroundthe base of the sign. No pole signs shall be permitted.5.Exterior lighting shall be controlled so that light spillage & glare is not directed at adjacentproperties, neighboring areas, or motorists. Adopted the 5th day of February 2023. Attest: �c�-K��II, Clerk to the Board Z22-26 Order Page 3 Planning Board - March 6, 2025 ITEM: 2 - 7 - 19 r� :3 Ct -- ,;,; < !� � ;� -'.•]'I;·, �'.,:.::'"'' t··"I::'1 : . \ ' . r ti�i�nr:?.,�.Ii!! J) fuJ· .... ��;;tgni rJl•, Planning Board - March 6, 2025 ITEM: 2 - 7 - 20 - -----------·---------------------c:;--- --· ---;,--------- -- 1).) ;'J \-'X,<X,\' , : _,, _:,,. ,,_,:':c':c•·'I •=• Yf \ _ L I . · ·��., !--·�-,-'1 �--_ )Ji\'\ !1.�:z.,f.1,l @:,. _, ... 11.\•::; \i I " {. f;' � I • \ • '. '.� [� I r ,! 1: i•• : ,\:,�:'. ... ;'.'.\ \i (i' ' ;· t;{ __ ; �1,,·W_ :�f1STl_' ·:1·-(Hi I \:' \ )E -'['''' �til I I C l C ; �;� tL . 1:u _.,-. =�---k .'.1 r\••kp[]IJ 1::: -,�E��-l�:--01 +--� "-.. Planning Board - March 6, 2025 ITEM: 2 - 7 - 21 Concept Plan Planning Board - March 6, 2025 ITEM: 2 - 8 - 1 =r � "< (1) � � ......_ z . n =r "< --..._J ------ 0 0 'J \) z 0 0 � 0 U1 Q N \J1 N 87°00'00" E I 50.00' Existing I -Story I Bldg. ( I 2G0 s.f. ±) 5 8 7°00'00" w 150.00' Zoning: (CZD) B-1 Zoning: R-20 Land Use: Residential 0 U1 0 Q Zoning: R-20 Land Use: Residential Planning Board - March 6, 2025 ITEM: 2 - 9 - 1 Public Comments In Support 0 Neutral 0 In Opposition 0 Planning Board - March 6, 2025 ITEM: 2 - 10 - 1 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2025 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 (TA25-02) - Request by New Hanover County Planning and Land Use to amend Sec7on 4.4.4, Sec7on 6.3.2, Sec7on 2.3 and Sec7on 11.7 of the New Hanover County Unified Development Ordinance related to Accessory Dwelling Units, performance guarantees, and non-conforming signs to meet North Carolina General Statute requirements. BRIEF SUMMARY: Since the compleon of the Unified Development Ordinance (UDO) project in November 2020, staff have been regularly bringing forward amendments to code provisions as part of ongoing efforts to ensure 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. During the legislave short session in 2024, the General Assembly made changes to laws related to planning and development regulaons as part of Session Law 2024-45 and 2024-49 which require updates to the Unified Development Ordinance (UDO). The key intent of the amendment is to update the ordinance so it complies with legal changes to local government authority related to building materials for homes subject to the NC Residenal Building Code, performance guarantees and non-conforming signs. As a note, all amendments are discrete, and the Board may move forward with only some of them without impacng other proposed provisions, however it should be noted the proposed changes are the minimum necessary to meet state statutory requirements. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: The proposed amendments are generally CONSISTENT with the Comprehensive Plan because they provide up-to- date zoning tools. As a result, Staff recommends APPROVAL of the proposed amendments. Please refer to the Script for suggested and alterna7ve mo7on language. Planning Board - March 6, 2025 ITEM: 3 ATTACHMENTS: Descripon TA25-02 PB Script TA25-02 PB Staff Report and Draft Amendment TZ25-02 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - March 6, 2025 ITEM: 3 SCRIPT for Unified Development Ordinance Text Amendment (TA25-02) Request by New Hanover County Planning and Land Use to amend Section 4.4.4, Section 6.3.2, Section 2.3 and Section 11.7 of the New Hanover County Unified Development Ordinance related to Accessory Dwelling Units, performance guarantees, and non-conforming signs to meet North Carolina General Statute requirements. 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 update the ordinance to meet the requirements of the North Carolina General Statutes. 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 consistent with state requirements. 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 - March 6, 2025 ITEM: 3 - 1 - 1 STAFF REPORT FOR TA25-02 TEXT AMENDMENT REQUEST REQUEST SUMMARY Case Number: TA25-02 Request: To amend Section 4.4.4, Section 6.3.2, Section 2.3, and Section 11.7 of the New Hanover County Unified Development Ordinance (UDO) related to Accessory Dwelling Units, performance guarantees, and non-conforming signs. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance (UDO) Purpose & Intent The key intent of this amendment is to update the UDO to ensure it complies with recent changes to the North Carolina General Statutes. BACKGROUND Since the completion of the Unified Development Ordinance (UDO) Project in November 2020, staff have been regularly bringing forward 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. During the legislative short session in 2024, the General Assembly made changes to laws related to planning and development regulations as part of Session Law 2024-45 and 2024-49 which require updates to the Unified Development Ordinance (UDO). Specific changes related to planning and development include 1. Adding a statewide standard review process and timeline for accepting and releasing performance guarantees for development. 2. A definition for “on-premises advertising” with new protections to allow the relocation or reconstruction of legal non-conforming signs on the same property without needing to be brought to current standards. The proposed amendments also include the changes presented to the Planning Board about removing the restriction on using shipping containers as building materials for homes subject to the NC Residential Building Code. This change was initially considered in Fall 2024 at the request of the Planning Board, after additional review staff is bringing the amendment back for consideration. The amendment concepts were presented to the Planning Board at their February 6, 2025 meeting and are being brought forward for a public hearing because the updates are legally required to ensure the county’s ordinances are up to date. Planning Board - March 6, 2025 ITEM: 3 - 2 - 1 As a note, all amendments are discrete, and the Board may move forward with only some of them without impacting other proposed provisions, however it should be noted the proposed changes are the minimum necessary to meet state statutory requirements. 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 update the ordinance to meet the requirements of the North Carolina General Statutes. 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 consistent with state requirements. Subject Articles and Sections • Section 4.4 Accessory Use and Structure Standards o 4.4.4.A Accessory Dwelling Unit (ADU) • Section 6.3 Improvements o Section 6.3.2 Guarantees of Improvements • Section 2.3 Definitions and Terms • Section 11.7 Nonconforming Signs o Sections 11.7.1 – 11.7.4 Planning Board - March 6, 2025 ITEM: 3 - 2 - 2 PROPOSED AMENDMENT The proposed text amendment is attached, with red italics indicating new language and strikethrough indicating text that is to be removed. Article 4: Uses and Use-Specific Standards Section 4.4, Accessory Use and Structure Standards 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: 17. Mobile homes, RVs, shipping containers, and manufactured homes shall not be permitted as accessory dwelling units. Article 6: Subdivision Design and Improvements Section 6.3, Improvements 6.3.2 Guarantees of Improvements Final plats of a subdivision shall be approved by the Planning and Inspections Land Use Department after the subdivider has complied with one of the following requirements: A. The subdivider has installed all required improvements in accordance with the provisions of this Ordinance; or B. Except in the case of Minor Subdivisions, the subdivider of an approved preliminary project in which the total cost of required improvements and administration does not exceed $8,000,000.00 (the “Surety Limit”), provides a financial guarantee in-lieu of constructing improvements. The surety limits stated in this section shall be adjusted periodically in accordance with an appropriate established index approved by the County Attorney. 1. The financial guarantee shall take one of the following forms, at the election of the subdivider: a. A surety bond issued by any company authorized to do business in North Carolina; b. A letter of credit issued by an financial institution licensed to do business in North Carolina; c. Another form of guarantee that provides equivalent security to a surety bond or letter of credit. 2. A financial guarantee may be deposited in escrow with an escrow agent acceptable to the County, provided the subdivider shall file with the County Engineer an agreement between the escrow agent and the subdivider guaranteeing the following: a. The escrow account shall be held in trust until released by the County and shall not be used or pledged by the subdivider in any other matter during the term of the escrow; and Planning Board - March 6, 2025 ITEM: 3 - 2 - 3 b. If the subdivider fails to complete the required improvements, the escrow agent shall, upon notification by the County and submission by the County to the escrow agent of an engineer’s estimate of the amount needed to complete the required improvements, immediately either pay to the County the funds estimated to complete the required improvements, up to the full balance of the escrow account, or deliver to the County any other instruments fully endorsed or otherwise made payable to the County. 3. The amount of the financial guarantee shall not exceed 125 percent of the reasonably estimated cost of completion at the time the guarantee is issued. Any extension of the financial guarantee necessary to complete required improvements shall not exceed 125 percent of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained. 4. Conditions and stipulations to plat approval under this section are as follows: a. The subdivider shall furnish a bona-fide estimate of the required improvements for verification by the County Engineer. Upon the County Engineer’s determination that the estimate furnished is reasonable, the subdivider shall deposit with the County the surety bond, letter of credit, or other guarantee, as applicable, in the amount of the estimate determined reasonable by the County Engineer. b. In the event the subdivider obtains a surety bond or letter of credit as its form of financial guarantee, such financial guarantee shall be issued by a company authorized to do business in North Carolina. c. Financial guarantees in the form of a surety bond, letter of credit, or cash security may be reduced by the County Engineer if a portion of the required improvements have been installed, inspected, and approved. An addendum or amendment to the original surety bond or letter of credit shall be required. 5. Inspection: The County shall conduct an inspection of the improvements subject to a performance guarantee within 30 days of a written request received from a developer and advise the developer whether the improvements are completed to the required specifications. In the event the County and developer disagree whether a required improvement is completed to the specifications of the County, the developer may obtain a certification under seal from a licensed professional engineer that the required improvements have been completed to the specifications of the County. 6. Release: The performance guarantee shall be returned or released, as appropriate within 30 days upon the acknowledgement by the County that the improvements for which the performance guarantee is being required are complete or upon receipt of a certification under seal from a professional engineer that the required improvements have been completed to the specification of the County. 7. Coverage: No performance guarantee may be required for maintenance of any improvement once the improvement is completed to the specifications of the County or upon receipt of a certification under seal from a professional engineer that the required improvements have been completed to the County’s specifications. Planning Board - March 6, 2025 ITEM: 3 - 2 - 4 Article 2: Measurements and Definitions Section 2.3, Definitions and Terms Sign, On-Premises Advertising A sign visible from any local or State road or highway that advertises activities conducted on the property upon which it is located or advertises the sale or lease of the property upon which it is located. On-premises Advertising signs include all other defined sign types except Outdoor Advertising Signs. Article 11: Nonconforming Situations Section 11.7 Nonconforming Signs 11.7.1 Determination of Nonconformity Existing signs which do not conform to the specific provisions of Section 5.6, Signs, and the other requirements of this Ordinance may be eligible for the designation “nonconforming” provided that: A. The Building Safety Director determines that the sign is properly maintained and does not in any way endanger the public; and B. The sign has a valid permit or variance approval or complied with all applicable laws on August 6, 2001. 11.7.2 Replacement and Relocation of Nonconforming Signs A. Notwithstanding any County development regulation to the contrary, a lawfully erected on- premises advertising sign may be relocated or reconstructed within the same parcel so long as the square footage of the total advertising surface area is not increased, and; B. The sign complies with the local development rules in place at the time the sign was erected, and; C. The construction work related to the relocation of the lawfully erected on-premises advertising sign shall commence within two years after the date of removal. D. The County shall have the burden to prove that the on-premises advertising sign was not lawfully erected. 11.7.23 Loss of Nonconforming Status A nonconforming sign may lose its nonconforming designation if: A. The sign is removed and is not relocated or replaced in accordance with Section 11.7.2 within 24 months of removal; or B. The structure of the sign is altered in any way except towards compliance with this Section 5.6, Signs, and the other requirements of this Ordinance. This does not refer to change of copy or normal maintenance. Planning Board - March 6, 2025 ITEM: 3 - 2 - 5 11.7.34 Maintenance and Repair of Nonconforming Signs Nonconforming signs are subject to all requirements of this Ordinance regarding safety, maintenance, and repair. However, if the sign suffers more than 50 percent appraised damage or deterioration;, it shall be removed and brought into conformance with Section 5.6, Signs, and the other requirements of this Ordinance. Planning Board - March 6, 2025 ITEM: 3 - 2 - 6 Public Comments In Support 0 Neutral 1 In Opposition 0 Planning Board - March 6, 2025 ITEM: 3 - 3 - 1 1 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, February 19, 2025 12:51 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson, Zachary; Beil, Ryan; Watson, McCabe Subject:Online Form Submission #18529 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 Donna Last Name Gordon Address 1579 Grove Ln City Wilmington State NC Zip Code 28409 Email Dhg9092@gmail.com Please select the case for comment. PB Meeting - TA25-02 - UDO Maintenance Amendment What is the nature of your comment? Neutral Public Comment I feel as if we should put no more restrictions on auxiliary dwelling units and open them up to anywhere they're needed period I'm trying to figure out how to house my parents in my backyard as we speak, as they can no longer care for themselves and I don't want to put them in. A nursing home. Please consider us as you think about this process Upload supporting files Planning Board - March 6, 2025 ITEM: 3 - 3 - 2