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Agenda 2022 05-02NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson-Boseman, Chair I Deb Hays, Vice -Chair Jonathan Barfield, Jr., Commissioner I Bill Rivenbark, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board MAY 2, 2022 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson-Boseman) INVOCATION (Reverend Wes Hunter, Masonboro Baptist Church) PLEDGE OF ALLEGIANCE (Vice -Chair Deb Hays) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Acknowledgement of New Hanover County Amended Restated Declaration of State of Emergency and Termination of the New Hanover County Amended Restated Declaration of State of Emergency Proclamations 3. First Reading: Approval of Solid Waste Franchise for Coastal Lugging of NC LLC 4. Adoption of a Resolution Appointing Map Review Officers 5. Approval of March 2022 Tax Collection Reports ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 15 6. State of the County Address 10 7. Public Hearing for Consideration of Quarter Cent Sales Tax and Consideration of Resolution Calling for a Special Advisory Referendum Concerning the Levy of a One -Quarter Percent (1/4%) County Sales and Use Tax for Public Transportation Purposes 40 8. Public Hearing Rezoning Request (Z22-03) — Request by David Lucht, Applicant, on Behalf of Walu, LLC, property owner, to rezone approximately 1.84 acres of land located at 6205 Blossom Street from R-15, Residential District, to CB, Community Business District and R-10, Residential District 40 9. Public Hearing Rezoning Request (Z22-09) - Request by James Fentress with Stroud Engineering, PA, Applicant, on Behalf of Dallas Harris Land Company, LLC, Property Owner, to Rezone Approximately 1.1 Acres of Land Located at 7491 Market Street from R-15, Residential District, to (CZD) CB, Community Business District for a Bank/Financial Institution, Medical and Dental Office and Clinic, and Offices for Private Business and Professional Activities Board of Commissioners - May 2, 2022 40 10. Public Hearing Rezoning Request (Z22-08) - Request by Cindee Wolf, Applicant, on Behalf of New Beginning Christian Church, Inc., Property Owner, to Rezone Approximately 9.60 Acres of Land Located Within the 3100 Block of Blue Clay Road from R-20, Residential District, and (CZD) R-10, Conditional Residential District, to (CZD) R-5, Conditional Residential District for a 68-Unit Attached Housing Development 40 11. Public Hearing Rezoning Request (Z22-05) — Request by Cindee Wolf with Design Solutions, Applicant, on Behalf of Har-Ste Investments, LLC, Property Owner, to Rezone Approximately 7.32 Acres of Land Located Near the 300 Block of Edgewater Club Road from R-20, Residential District, to (CZD) R-7, Residential District for a 44-Unit Attached Housing Development PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 12. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 13. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to providing equitable opportunities and exceptional public services through good governance to ensure a safe, healthy, secure and thriving community for all. Vision A vibrant, prosperous, diverse coastal community committed to building a sustainable future for future generations. Core Values Professionalism - Equity - Integrity - Innovation - Stewardship - Accountability Board of Commissioners - May 2, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/2/2022 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SU BJ ECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Budget Work Session held on April 14, 2022 Agenda Review held on April 14, 2022 Regular Meeting held on April 18, 2022 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - May 2, 2022 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/2/2022 Consent DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Chris Coudriet SU BJ ECT: Acknowledgement of New Hanover County Amended Restated Declaration of State of Emergency and Termination of the New Hanover County Amended Restated Declaration of State of Emergency Proclamations BRIEF SUMMARY: On April 27, 2020, Chair Olson-Boseman signed into effect the New Hanover County Amended Restated Declaration of State of Emergency to be effective at 5:00 p.m. on April 29, 2020, due to the outbreak of the COVID-19 virus continuing to exist in New Hanover County. The county manager is recommending that the Board acknowledge the April 27, 2020, New Hanover County Amended Restated Declaration of State of Emergency and the termination of the same at this time as of 4:00 p.m. on May 2, 2022. STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Acknowledge the New Hanover County Amended Restated Declaration of State of Emergency Proclamation dated April 27, 2020 and the Termination of the New Hanover County Amended Restated Declaration of State of Emergency Proclamation dated May 2, 2022. ATTACHMENTS: State of Emergency Adopted April 27, 2020 Termination of State of Emergency COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - May 2, 2022 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AMENDED RESTATED DECLARATION OF STATE OF EMERGENCY Section 1: On March 20, 2020, pursuant to New Hanover County Code Chapter 17, Article III, Section 17.71 and Section 17.72, and North Carolina General Statutes Chapter 166A, Article 1A, 166A-19.22, the Chair of the New Hanover County Board of Commissioners determined that a State of Emergency as defined in the New Hanover County Code Section 17.71, due to the outbreak of the COVID-19 virus, exists in New Hanover County. Further, the Chair of the New Hanover County Board of Commissioners supplemented said Declaration twice, on March 28, 2020 and again on April 3, 2020. The terms of each supplemental amendment were in addition to, not in lieu of, the March 20, 2020 State of Emergency Declaration. On April 13, 2020 the Chair of the New Hanover County Board of Commissioners issued a Restated Declaration of State of Emergency which consolidated, restated, and superseded each previous outbreak related Declaration of State of Emergency previously issued. Section 2: Pursuant to New Hanover County Code Chapter 17, Article III, Section 17.71 and Section 17.72, and North Carolina General Statutes Chapter 166A, Article 1A, 166A-19.22, the Chair of the New Hanover County Board of Commissioners has determined that a State of Emergency as defined in the New Hanover County Code Section 17.71, due to the outbreak of the COVID-19 virus, continues to exist in New Hanover County. This Amended Restated Declaration of State of Emergency hereby supersedes the Restated Declaration of State of Emergency previously issued. Section 3: Additionally, North Carolina Governor Roy Cooper has issued several COVID-19 related Gubernatorial Executive Orders, including but not limited to, Nos. 116, 117,118, 119, 120, 121,122, 124,125, 131, and 135. The Chair of the New Hanover County Board of Commissioners hereby resolves that all prior Declarations are hereby rescinded and this Amended Restated Declaration of State of Emergency for New Hanover County shall be in addition to, not in lieu of, the above stated Gubernatorial Executive Orders. Section 4: Therefore, the Chair of the New Hanover County Board of Commissioners declares the existence of a continuing State of Emergency in New Hanover County. Municipalities may consent to this Amended Restated Declaration of State of Emergency within their respective corporate limits. Section 5: The Chair of the New Hanover County Board of Commissioners hereby orders all county law enforcement officers, employees and all emergency management personnel to cooperate in the enforcement and implementation of all public health control measures authorized in North Carolina General Statute 130A and all Gubernatorial Executive Orders. Section 6: Gubernatorial Executive Orders. The terms set forth in all Gubernatorial Executive Orders issued to address the Coronavirus Disease 2019 (COVID-19) public health emergency and to provide for the health, safety, and welfare of residents and visitors located in North Carolina are hereby incorporated by reference into this Amended Restated Declaration of State of Emergency. Section 7: April 13, 2020 Restated Declaration of State of Emergency - Prohibitions Rescinded All prohibitions, which may or may not have been more stringent than the Gubernatorial Executive Orders referenced in the April 13, 2020 Restated Declaration of State of Emergency are hereby rescinded. Section 8: New Hanover County Businesses, Facilities, and Residents Now Fall Under Statewide Restrictions New Hanover County businesses, facilities, and residents will now be subject to all Gubernatorial Executive Orders. Section 9: Jurisdiction. This Amended Restated Declaration of State of Emergency shall be effective for the unincorporated areas of New Hanover County and within those municipalities that consent to, or otherwise authorize it to be Board of Commissioners - May 2, 2022 ITEM: 2 - 1 - 1 effective within their respective jurisdictions. Section 10: This Amended Restated Declaration of State of Emergency shall become effective Wednesday, April 29, 2020 at 5:00 p.m. and remain in effect until rescinded. Adopted this the 27th day of April 2020. Julia Ison-Boseman, Chair Board of County Commissioners Kym erleigh G. Crow Clerk to the Board Board of Commissioners - May 2, 2022 ITEM: 2 - 1 - 2 .0Q TV . Im N EW HAN OVE R CO U NTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175, Wilmington, NC 28403 P: (910) 798-7149 1 F: (910) 798-7145 j NHCgov.com Julia Olson-Boseman, Chair I Deb Hays, Vice -Chair Jonathan Barfield, Jr., Commissioner I Bill Rivenbark, Commissioner I Rob Zapple, Commissioner TERMINATION OF THE APRIL 27, 2020 AMENDED RESTATED DECLARATION OF STATE OF EMERGENCY IN THE COUNTY OF NEW HANOVER WHEREAS, on April 27, 2020, in response to the outbreak of the COVID-19 virus continuing to exist in New Hanover County, the Chair of the New Hanover County Board of Commissioners determined and proclaimed an amended restated declaration of state of emergency for the County of New Hanover to be effective on April 29, 2020 at 5:00 p.m. and to remain in effect until rescinded. WHEREAS, the Chair of the New Hanover County Board of Commissioners has determined that the April 27, 2020 amended restated declaration of state of emergency for the County of New Hanover is no longer needed. NOW THEREFORE BE IT KNOWN that the above -referenced proclamation of amended restated declaration of state of emergency is hereby terminated effective May 2, 2022. ADOPTED this the 2nd day of May, 2022. (SEAL) Julia Olson-Boseman, Chair Kymberleigh G. Crowell Clerk to the Board Board of Commissioners - May 2, 2022 ITEM: 2 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/2/2022 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: First Reading: Approval of Solid Waste Franchise for Coastal Lugging of NC LLC BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The franchise period would run for seven years. All franchise agreements shall now include the following requirement: Should franchisee provide curbside collection or services, franchisee must also offer customers a curbside recycling option. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must make their own determination as to suitability of provider and services. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Franchise Agreement and Documents COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - May 2, 2022 ITEM: 3 New Hanover County Contract # 22-0562 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2022, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" COASTAL LUGGING OF NC LLC, a North Carolina limited liability company, with its principal mailing address is 2413 St James Dr, Southport NC 28461, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scol2e of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Curbside Recycling. Should Operator provide curbside trash collection services, Operator must also offer customer a curbside recycling option. 5. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. 6. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - May 2, 2022 ITEM: 3 - 1 - 1 New Hanover County Contract # 22-0562 for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 7. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 8. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 9. Indemni . To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 10. Commercial General Liability. Franchise shall maintain Commercial General Liability (CGL) and if necessary, Commercial Umbrella Liability (CUL) insurance with a total limit of not less than $1,000,000 for each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this work or services, or the general aggregate shall be twice the required limit. 11. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 12. Assignment, Contracting. The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 13. Termination. The franchisee may terminate this franchise upon three hundred sixty-five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Board of Commissioners - May 2, 2022 ITEM: 3 - 1 - 2 New Hanover County Contract # 22-0562 Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 14. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 15. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 16. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 17. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. COASTAL LUGGING OF NC LLC [SEAL] (SEAL) Member/Manager STATE OF COUNTY I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Member/Manager of COASTL LUGGING OF NC LLC, a North Carolina limited liability company, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member/Manager. WITNESS my hand and official seal, this day of , 2022. Notary Public [SEAL] My Commission Expires New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - May 2, 2022 ITEM: 3 - 1 - 3 6/3/2021 North Carolina Secretary of State Search Results 22-05(,2 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form 9 Print an Amended a Annual Report form Limited Liability Company Legal Name COASTAL LUGGING OF NC LLC Information Sosld: 1936748 Status: Current -Active O Date Formed: 111412020 Citizenship: Domestic Annual Report Due Date: April 15th Currentgnnual Report Status: Registered Agent: Legalinc Corporate RA Services Inc. Addresses Marling Principal Office Reg Office 2413 ST JAMES DR, 2413 ST JAMES DR, 8480 Honeycutt Road, Ste 200 #V295 SOUTHPORT, NC 28461 SOUTHPORT, NC 28461 Raleigh, NC 27615 Reg Mailing 8480 Honeycutt Road, Ste 200 #V295 Raleigh, NC 27615 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member James Myers 2413 St James Dr Southport NC 28461 Member Nicole Myers 2413 St James Dr Southport NC 28461 https://www.sosnc.gov/online_services/search/Business_Registration_Results 1/1 Board of Commissioners - May 2, 2022 ITEM: 3 - 1 - 4 ACiORLY CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 04/04/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rlyhts to the certificate holder in lieu of such endorsements). PRODUCER CONTACT NAME: Annmarie Reese _ PHONE t . 919 577-6700 FAIL No : 877 263-1015 Insurance Matters LLC 209 S Fuquay Ave E-MAIL Reese@insurancemattersnc.com INSURERS AFFORDING COVERAGE NAIC # Suite 117 INSURERA : American Reliable 19615 Fuguay Varina NC 27526 INSURED INSURER B : Progressive Southeastern Ins Co 38784 INSURER C Coastal Lugging Cl NCLLC , DBA Luggers Of Wilmington INSURER D 2413 St. James Dr INSURER E : Southport NC 28461 INSURERF : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL jkmn SUBR VAM POLICY NUMBER POLICY EFF IMMIDDIYYYYI POLICY EXP (MMIDONYYYILIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx-1 OCCUR HGL03359401 O4/27/2021 04/27/2022 04/27/2021 04127/2022 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence) $ 100,000 MED EXP (Ajiy one person) $ 5,000 PERSONAL RADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER* X POLICY JECOT LOG OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGO $ 2,000,000 CEaOMaccident BINED SIIJGLE LIMIT $ $ 1,000,000 B AUTOMOBILE LIABILITY ANY AUTO OWNEDUTOSONLY SCHEDULED /� AAUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY 03605793-0 BODILY INJURY (Per person) $ BODILY INJURY (Per acc baiit) $ PROPERTY DAMAGE Per accident $ EACH OCCURRENCE $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PRO PRIETORIPARTN ERIEXECUTIVE OFFICERIMERIBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- STATUTE I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) 1.L9.111111111aL7G1P1 II19 �1.1 New Hanover County 230 Government Center Drive, Suite 125 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Fax- Email: O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Board of Commissioners - May 2, 2022 ITEM: 3 - 1 - 5 All applicants for franchises to collect, transport and dispose of solid waste shall file written application with the county manager or his designee, and shall furnish the following information: Name and address of applicant and whether a sole proprietorship, corporation or partnership, with disclosure of the ownership interests Coastal Lugging of NC LLC DBA Junkluggers of Wilmington Physical Address: 161 Poole Road Belville, NC 28451 Mailing Address: 2413 St James Drive Southport, NC 28461 Limited Liability Corporation - Partnership James D Myers 50% - Owner Nicole L Myers 50% - Owner A list of the equipment possessed, available, or to be obtained within 18 months by the applicant. 2020 Hino 195 Dump Truck 2019 Ram 2500 w/ Hydraulic Dump Trailer employees the applicant expects to use in said business, 6-10 Employees Experience of the applicant in solid waste collection. Our team has been operating as an Eco-Friendly Junk Removal company since 2020. We're also part of a nationwide franchise system with 100+ locations across the United States that specialize in the removal, transportation, and proper disposal of solid waste. Balance sheet or equivalent financial statement prepared by a certified public accountant or other person satisfactory to the ,board as of the close of the applicant's last business year, showing the net worth of the business. All financial data submitted in compliance with the requirements of this paragraph shall be confidential under G.S. 132-1.2. and shall not be regarded as public information. In lieu of the financial statement, the county will accept a notarized statement from a certified public accountant verifying the financial viability of the applicant business. Attached to this email. Board of Commissioners - May 2, 2022 ITEM: 3 - 1 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/2/2022 Consent DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Senior Planner CONTACT(S): Robert Farrell and Rebekah Roth, Planning & Land Use Director SU BJ ECT: Adoption of a Resolution Appointing Map Review Officers BRIEF SUMMARY: NC General Statute 47-30.2 authorizes the county to appoint Map Review Officers to examine and approve plats and maps prior to recordation at the Register of Deeds. A resolution designating Map Review Officers must be recorded with the county registry and indexed on the grantor index in the name of the Review Officer. County Planning staff contacted each municipality within the county to ensure the proposed resolution addresses staff changes across all jurisdictions. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Increase connectivity of residents to each other and their investment to New Hanover County RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution appointing Map Review Officers. ATTACHMENTS: Resolution Appointing Map Reuew Officers COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - May 2, 2022 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DESIGNATING STAFF AS MAP REVIEW OFFICERS WHEREAS, NC General Statute 47-30.2 requires that every county appoint one or more Map Review Officers to examine and approve plats prior to recordation at the Register of Deeds; and WHEREAS, a Map Review Officer must examine and approve plats and maps to ascertain mapping accuracy and consistency; and WHEREAS, the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, and New Hanover County have requested that the staff listed below be designated Map Review Officers. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following staff be designated as Map Review Officers: For the Unincorporated areas of New Hanover County: • Ken Vafier, Planning Manager • Robert Farrell, Senior Planner • Ron Meredith, Current Planner • Amy Doss, Current Planner • Julian Griffee, Current Planner • Zachary Dickerson, Current Planner • Dylan McDonnell, Long Range Planner For the Town of Carolina Beach: • Ed Parvin, Assistant Town Manager • Jeremy Hardison, Planning & Development Director • Gloria Abbotts, Senior Planner • Haley Moccia, Planner • Gigi Baggarley, GIS Administrator For the Town of Kure Beach: • John Baston, Inspector For the Town of Wrightsville Beach: • Tony Wilson, Director of Planning and Parks For the City of Wilmington: • David E. Cowell, PE, City Engineer • Richard Christensen, PE, Project Engineer • Rob Gordon, PE, City Plan Review Engineer • Peter J. Brennon, Jr. PLS, Surveyor • Ed Ashworth, PLS, Surveyor • Ronald Satterfield, Jr., Assistant Planning Director • Brian Chambers, Senior Planner • Abie Bonevac, Associate Planner • Jeff Walton, Associate Planner • Patrick O'Mahony, Associate Planner • Kathryn Thurston, Zoning Administrator ADOPTED this the 2nd day of May, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 2, 2022 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/2/2022 Consent DEPARTMENT: Tax PRESENTER(S): CONTACT(S): Trina Lewis SU BJ ECT: Approval of March 2022 Tax Collection Reports BRIEF SUMMARY: Trina Lewis, Collections Supervisor NCGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall collection percentages for March 2022 are ahead of overall collections for March 2021. The report for March 2022 in comparison to March 2021 is as follows: New Hanover County Real Property Personal Property Motor Vehicle Overall Collection Rate Total Collected YTD New Hanover County Debt Service Real Property Personal Property Motor Vehicle Overall Collection Rate Total Collected YTD Grand Total Collected YTD New Hanover County Fire District Real Property Personal Property Motor Vehicle Overall Collection Rate Total Collected YTD March 2022 99.12% 96.60% 100.00% 99.00% $203,536,029.19 March 2022 99.11 96.56% 100.00% 99.12% $21,146,673.71 $224,682,702.90 March 2022 99.08% 97.39% 100.00% 99.01% $13,071,848.11 STRATEGIC PLAN ALIGNMENT: March 2021 99.03 94.29% 100.00% 98.68% $172,406,224.74 March 2021 99.02% 94.28% 100.00 98.68 $22,709,568.16 $195,115,792.90 March 2021 99.08 96.78% 100.00 98.92 $10,703,630.06 Board of Commissioners - May 2, 2022 ITEM: 5 • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hano\er County Monthly Collection Report for March 2022 New Hanmer County Debt Seance Monthly Collection Report for March 2022 New Hanmer Fire Dstrict Monthly Collection Report for March 2022 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - May 2, 2022 ITEM: 5 New Hanover County Monthly Collection Report for March 2022 Current Year 2021-2022 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 185,077,365.61 $ (2,213,584.65) $ 55,852.43 $ 13,255,595.51 $ (184,863.14) $ 10,034.14 $ 9,275,357.66 $ $ $ 207,608,318.78 (2,398,447.79) 65,886.57 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 182,919,633.39 183,486,959.16 2,171,154.35 88.60 $ $ $ $ 13,080,766.51 12,698,324.06 63,579.72 1,303.22 $ $ 9,275,357.66 9,275,357.66 $ $ $ $ 205,275,757.56 205,460,640.88 2,234,734.07 1,391.82 Outstanding Balance $ 1,603,739.98 $ 444,718.95 $ - $ 2,051,242.57 Collection Percentage 99.12 96.60 100.00 99.00 YTD Interest Collected $ 210,864.55 $ 13,638.19 $ 85,619.64 $ 310,122.38 Total 2021-2022 Collections YTD 203,536,029.19 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,559,827.99 $ 4,930,703.69 $ 324,971.15 $ 6,815,502.83 Abatements $ (2,014.80) $ (148,965.48) $ - $ (150,980.28) Adjustments $ (2,315.87) $ 6.71 $ - $ (2,309.16) Total Levy $ 1,555,497.32 $ 4,781,744.92 $ 324,971.15 $ 6,662,213.39 Collections to Date $ 496,882.33 $ 127,575.90 $ 1,443.83 $ 625,902.06 *Refunds $ 22,610.33 $ 12,994.04 $ 528.79 $ 36,133.16 Write-off $ 39,041.59 $ 249,735.20 $ 79,591.51 $ 368,368.30 Outstanding Balance 1 $ 1,042,183.73 $ 4,417,427.86 $ 244,464.60 $ 6,440,812.79 YTD Interest Collected $ 101,963.59 $ 24,330.23 $ 1,321.49 $ 127,615.31 Total Prior Year Collections YTD 717,384.21 Grand Total All Collections YTD $ 204,253,413.40 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - May 2, 2022 ITEM: 5 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for March 2022 Current Year 2021-2022 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 19,180,870.05 $ 1,377,480.17 $ 1,046,411.48 $ 21,604,761.70 Abatements $ (229,381.52) $ (19,757.66) $ $ (249,139.18) Adjustments $ 5,787.65 $ 1,039.77 $ $ 6,827.42 Total Taxes Charged $ 18,957,276.18 $ 1,358,762.28 $ 1,046,411.48 $ 21,362,449.94 Collections to Date $ 18,816,260.38 $ 1,312,105.62 $ 1,046,411.48 $ 21,174,777.48 *Refunds $ 27,826.14 $ 277.63 $ 28,103.77 Write-off $ 22.63 $ 140.74 $ 163.37 Outstanding Balance $ 168,819.31 $ 46,793.55 $ - $ 187,835.83 Collection Percentage 99.11 96.56 100.00 99.12 YTD Interest Collected $ 22,216.16 $ 1,687.60 $ 10,425.97 Total 2021-2022 Collections YTD $ 21,146,673.71 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 163,392.17 $ 366,992.88 $ $ 530,385.05 Abatements $ (27.18) $ (14,653.55) $ (14,680.73) Adjustments $ (302.89) $ 0.88 $ (302.01) Total Levy $ 163,062.10 $ 352,340.21 $ $ 515,402.31 Collections to Date $ 55,778.30 $ 14,265.42 $ $ 70,043.72 *Refunds $ 130.93 $ 630.42 $ $ 761.35 Write-off $ 4.87 $ 3.14 $ $ 8.01 Outstanding Balance $ 107,409.86 $ 338,702.07 $ $ 446,127.95 YTD Interest Collected $ 8,148.47 $ 2,170.77 $ $ 10,319.24 Total Prior Year Collections YTD 79,601.61 Grand Total All Collections YTD $ 21,226,275.32 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - May 2, 2022 ITEM: 5 - 2 - 1 New Hanover County Fire District Monthly Collection Report for March 2022 Current Year 2021-2022 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 11,539,113.20 $ (75,058.42) $ 6,542.43 $ 986,968.01 $ (13,908.83) $ 517.00 $ 736,929.46 $ $ $ 13,263,010.67 (88,967.25) 7,059.43 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 11,470,597.21 11,383,246.31 17,638.57 22.28 $ $ $ $ 973,576.18 948,192.40 181.68 136.34 $ $ 736,929.46 736,929.46 $ $ $ $ 13,181,102.85 13,068,368.17 17,820.25 158.62 Outstanding Balance $ 104,967.19 $ 25,429.12 $ - $ 130,713.55 Collection Percentage 99.08 97.39 100.00 99.01 YTD Interest Collected $ 13,923.83 $ 1,003.26 $ 6,373.10 $ 21,300.19 Total 2021-2022 Collections YTD 13,071,848.11 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 95,635.54 $ 259,708.63 $ 19,675.71 $ 375,019.88 Abatements $ (279.86) $ (979.74) $ - $ (1,259.60) Adjustments $ - $ - $ - Total Levy $ 95,355.68 $ 258,728.89 $ 19,675.71 $ 373,760.28 Collections to Date $ 25,979.72 $ 15,132.12 $ 61.15 $ 41,172.99 *Refunds $ 31.61 $ 509.56 $ - $ 541.17 Write-off $ 1,288.38 $ 14,598.92 $ 4,657.39 $ 20,544.69 Outstanding Balance $ 68,119.19 $ 229,507.41 $ 14,957.17 $ 353,673.15 YTD Interest Collected $ 5,315.25 $ 1,478.25 $ 63.26 $ 6,856.76 Total Prior Year Collections YTD 48,029.75 Grand Total All Collections YTD $ 13,119,877.86 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - May 2, 2022 ITEM: 5 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/2/2022 Regular DEPARTMENT: Governing Body PRESENTER(S): ChairJulia Olson-Boseman CONTACT(S): Chair Julia Olson-Boseman SU BJ ECT: State of the County Address BRIEF SUMMARY: Chair J ulia Olson-Boseman will deliver the State of the County Address. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear address. COMMISSIONERS' ACTIONS: Heard address. Board of Commissioners - May 2, 2022 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/2/2022 Regular DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SU BJ ECT: Public Hearing for Consideration of Quarter Cent Sales Tax and Consideration of Resolution Calling for a Special Advisory Referendum Concerning the Levy of a One -Quarter Percent (1/4%) County Sales and Use Tax for Public Transportation Purposes BRIEF SUMMARY: The board voted on March 21, 2022, to proceed with the process of placing the quarter cent sales tax referendum for public transportation on the November 8, 2022 general election ballot. Permissible uses of funding for this sales tax include Wave operational and expansion support, bike and pedestrian trail construction, rail realignment and Bus - Rapid -Transportation planning among others. The board is now to conduct a public hearing on the ballot question in compliance with Article 43, Chapter 105 of the General Statutes. The required public hearing notice has been published. Once the public hearing has been conducted, to proceed with the referendum, and pursuant to General Statute 105- 511.2(a), the Board of Commissioners must approve a resolution directing the county Board of Elections to conduct an advisory referendum on the question of whether a one -quarter percent sales and use tax for public transportation may be levied. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Plan for the long-term financial health of the county RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct the public hearing and approve resolution. ATTACHMENTS: Script for Public Hearing Notice of Public Hearing Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - May 2, 2022 ITEM: 7 Conduct public hearing. Recommend approval of the resolution to proceed based on prior board direction. COMMISSIONERS' ACTIONS: Conducted public hearing. Approved the resolution 3-2, Vice -Chair Hays and Commissioner Zapple dissenting. Board of Commissioners - May 2, 2022 ITEM: 7 SCRIPT FOR AGENDA ITEM — Ballot Question of % Cent Sales Tax MAY 21-2022 CHAIR OLSON-BOSEMAN: Pursuant to General Statute 105-511.2(a), the Board of Commissioners shall hold a public hearing on the ballot question of a quarter cent sales tax for public transportation at least 30 days before the November 8, 2022, general election. This public hearing on the ballot question meets these requirements. Permissible uses of funding for this quarter cent sales tax include Wave operational and expansion support, bike and pedestrian trail construction, rail realignment and Bus -Rapid - Transportation planning among others. Is there a motion to open the public hearing? Motion: Second: Vote: The Board will now hear comments. Hear comments. Is there a motion to close the public hearing? Motion: Second: Vote: The public hearing is now closed. Board of Commissioners - May 2, 2022 ITEM: 7 - 1 - 1 LOCAL'100 StarNews I The Dispatch I Times -News Sun Journal I The Daily News I The Star The Free Press I Gaston Gazette Account Number: 489050 Customer Name: New Hanover County Finance Customer Address: New Hanover County Finance 230 GOVERNMENT CENTRE DR SUITE 165 WILMINGTON NC 28403 Contact Name: New Hanover County Finance Contact Phone: 9107987190 Contact Email: PO Number: Print Product WLM StarNews WLM starnewsonline.com #Insertions Start - End 04/20/2022 - 04/20/2022 04/20/2022 - 04/20/2022 Order Confirmation Not an I nvoice Date: 04/11 /2022 Order Number: 7165905 Prepayment $ 0.00 Amount: Column Count: 1.0000 Line Count: 28.0000 Height in Inches: 0.0000 Category Govt Bids & Proposals Govt Bids & Proposals Total Order Confirmation $92.40 Board of Commissioners - May 2, 2022 ITEM: 7 - 2 - 1 1/2 Ad P review PUBLIC NOTICE Notice is hereby given by the New Hanover County Board of Commissioners (the "Board") that it shall hold a public hearing at 4: 00 p.m. or thereafter, on May 2, 2022, at the New Hanover County Historic Courthouse, 24 North Third Street, Room 301, Wilmington, NC 28401. The purpose of the public hearing is to receive comments related to the Board of Commissioners directing the Board of Elections to conduct an advisory referen- dum on the question of whether a local sales and use tax at the rate of one -quarter percent (1/4 %) be levied for public transportation. The advisory referendum would be held at the same time as the November 8, 2022, general elec- tion. All interested persons are invited to be heard. April 20,, 2022 Kymberleigh G. Crowell Clerk to the Board of Commissioners Board of Commissioners - May 2, 2022 2/2 ITEM: 7 - 2 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION CALLING FOR A SPECIAL ADVISORY REFERENDUM CONCERNING THE LEVY OF A ONE -QUARTER PERCENT (1/4%) COUNTY SALES AND USE TAX WHEREAS, the General Assembly enacted Session Law 2009-527, which authorizes counties, including New Hanover, to levy an additional one -quarter percent (1/4%) local sales and use tax for public transportation purposes; and WHEREAS, Session Law 2009-527 applies only to those counties where at least one unit of local government in the county operates a public transportation system; and WHEREAS, Wave Transit is a public transportation system currently in operation in New Hanover County; and WHEREAS, pursuant to Section 105-506 of the North Carolina General Statutes, permissible uses of funding for this levy include Wave Transit operational and expansion support, bike and pedestrian trail construction, rail realignment and Bus -Rapid -Transportation planning among others; and WHEREAS, to levy the local sales and use tax, New Hanover County must conduct an advisory referendum in accordance with the provisions of Section 163-287 of the North Carolina General Statutes. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners: Section 1: In accordance with the North Carolina General Statutes, a special advisory referendum is hereby called to be held during the same time as the November 8, 2022 general election, at which time there shall be the question set forth in Section 3 of this Resolution submitted to the qualified voters of New Hanover County. Section 2: The New Hanover County Board of Elections shall conduct said referendum. Section 3: The ballot question shall be in the following form: [ ] FOR[ ] AGAINST One -quarter percent (1/4%) local sales and use taxes, in addition to the current local sales and use taxes, to be used only for public transportation systems. Section 4: The Clerk to the Board of Commissioners is authorized and directed to transmit a certified copy of this Resolution to the New Hanover County Board of Elections within three (3) days after the passage hereof. Section 5: The New Hanover County Board of Elections shall publish legal notice of the special advisory referendum in accordance with Section 163-287 of the North Carolina General Statutes. Section 6: This Resolution shall take effect upon its passage. ADOPTED this the 2"d day of May, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 2, 2022 ITEM: 7 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/2/2022 Regular DEPARTMENT: Planning PRESENTER(S): Amy Doss, Current Planner CONTACT(S): Amy Doss; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z22-03) — Request by David Lucht, Applicant, on Behalf of Walu, LLC, property owner, to rezone approximately 1.84 acres of land located at 6205 Blossom Street from R-15, Residential District, to CB, Community Business District and R-10, Residential District BRIEF SUMMARY: The applicant is proposing to rezone approximately 1.84 acres from R-15, Residential to CB, Community Business and R-10, Residential. The portion of the land fronting Castle Hayne Road is intended for commercial space. The acreage fronting Blossom Street would be rezoned for low density residential. Although a straight rezoning, the applicant has provided a sketch showing where the requested zoning boundaries would be drawn and indicating that three single family lots could be accommodated under R-10 standards; however, conditions regarding uses cannot be placed on the approval. The subject site would be required to meet all the Unified Development Ordinance (U DO) requirements for development within the proposed zoning districts. Types of uses allowed and commonly found in the CB district include civic, institutional, and commercial uses like community centers, religious assemblies, restaurants, and general retail sales. Types of uses allowed and commonly found in the R-10 district include civic, institutional, and residential uses like libraries, religious assemblies, and EMS facilities. Some of these uses allowed in the CB and R-10 zoning districts are also permitted within the R-15 zoning district. Any proposed non-residential use would be subject to the applicable site design and approval provisions within the U DO. The R-15 district in this area was established within the "Castle Hayne" zoning area in 1985. At the time, the purpose of the R-15 district was to provide lands that accommodate very low -density housing and recreational uses in order to preserve the quiet residential nature of the areas included in the district. However, recent rezonings of nearby property have allowed increased density and different levels of intensity in the surrounding Castle Hayne area. The purpose of the Residential-10 (R-10) District is to provide lands that accommodate new residential neighborhoods and encourage the conservation of existing residential lots and neighborhoods. The purpose of the Community Business (CB) District is to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services. CB district lands can serve as a buffer between higher density/intensity development and moderate or low -density multi -family and single-family neighborhoods. This district was added to the U DO in 2019 and was intended to be appropriate adjacent to existing residential uses. It is estimated that 1.27 acres of property zoned CB can generally support approximately 10,000 square feet of traditional general retail uses based on a typical 18% building area for this type of zoning. The remaining portion of the parcel that would be zoned R-10 and if developed at the maximum R-10 density of 3.3 units per acre, this could yield a potential maximum of 3 dwelling units. If developed at the maximum R-15 density of 2.5 units per acre, this could yield a potential maximum of 5 dwelling units. The net change from the potential trip generation if the site were to be developed under the existing R-15 district to Board of Commissioners - May 2, 2022 ITEM: 8 maximum allowed in the proposed CB and R-10 districts shows an approximate increase of 36 AM peak hour trips and an approximate increase of 90 PM peak hour trips. General retail uses typically generate the bulk of their trips during the PM hours as retail uses are often not the weekday rush hour destination for motorists. Traffic Impact Analyses are not required for a straight rezoning, as a specific development proposal is required to thoroughly analyze access, potential trip generation, and roadway improvements. The Community Mixed Use Place Type, 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. The Comprehensive Plan allows for the types of commercial uses that would be encouraged in the Community Mixed Use place type such as; office, retail, mixed use, recreational, commercial, institutional, multi -family, and single-family residential. Based on the current student generation rate, the maximum development within the proposed zoning district can be estimated to generate approximately the same number of students than if developed under existing zoning. The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Please refer to the Schools section included in this report for additional information on school enrollment and capacity. The site would serve as a transitional area between the commercial activity along the Castle Hayne corridor and the lower -intensity uses to the east. The Comprehensive Plan classifies properties along the Castle Hayne Road corridor as Community Mixed Use to allow for the continued growth of the Castle Hayne commercial services node while providing a transition between the roadway corridor and lower density housing to the east. The proposed rezoning for CB and R-10 is generally consistent with the Comprehensive Plan because it will allow for the types of residential development and commercial uses encouraged in the Community Mixed Use place type. The Planning Board considered this application at their April 7, 2022 meeting and recommended approval (6-0) of the proposed rezoning to CB and R-10 districts. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it would allow for the types of commercial and residential uses encouraged in the Community Mixed Use place type. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the site is located on an arterial street near existing commercial services and would serve as a transition between the Castle Hayne commercial node to the south and residential properties to the north and east. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Leverage public infrastructure to encourage private investment ■ Align services and infrastructure to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Because the proposed rezoning is generally consistent with the Comprehensive Plan and would provide a transition between existing commercial services and residential areas, staff recommends approval of the proposal and suggests the following motion: Board of Commissioners - May 2, 2022 ITEM: 8 I move to recommend APPROVAL of the proposed rezoning to CB and R-10. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of residential and commercial uses that would be encouraged 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 site is located on an arterial street near existing commercial services and would serve as a transition between the Castle Hayne commercial node to the south and residential properties to the north and east. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to CB and R-10. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it would allow for the types of commercial uses that would be encouraged in the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity will adversely impact the adjacent neighborhoods. ATTACHMENTS: Z22-03 BOC Script Z22-03 Staff Report Z22-03 Zoning Map Z22-03 FLUM Z22-03 Neighboring Properties Application Co\er Sheet Z22-03Application and Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - May 2, 2022 ITEM: 8 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-03) Public Hearing Rezoning Request (Z22-03) — Request by David Lucht, applicant, on behalf of Walu, LLC, property owner, to rezone approximately 1.84 acres of land located at 6205 Blossom Street from R-15, Residential District, to CB, Community Business District and R-10, Residential District. I. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to recommend APPROVAL of the proposed rezoning to CB and R-10. 1 find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of residential and commercial uses that would be encouraged 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 site is located on an arterial street near existing commercial services and would serve as a transition between the Castle Hayne commercial node to the south and residential properties to the north and east. Example Motion for Denial Board of Commissioners - Ma 2 2022 ITEM: 8 - - I move to recommend DENIAL of the proposed rezoning to CB and R-10. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it would allow for the types of commercial uses that would be encouraged in the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity will adversely impact the adjacent neighborhoods. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional (CZD) CS, Conditional Commercial Services (CS) district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find recommending [Approve/Deny] of the rezoning request is reasonable and in the public interest because [insert reasons] issioners - EM-8 -1 STAFF REPORT OF Z22-03 REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-03 Request: Rezone approximately 1.84 acres to CB, Community Business and R-10, Residential Applicant: Property Owner(s): Douglas E Reeves with Reeves Holdings LLC Reeves Holdings, LLC Location: Acreage: 6205 Blossom Street 1.84 PID(s): Comp Plan Place Type: R01 109-003-001-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Commercial use fronting Castle Hayne, and residential use fronting Blossom Street Current Zoning: Proposed Zoning: R-1 5, Residential CB, Community Business, and R-1 0 Residential SURROUNDING AREA LAND USE ZONING North General Retail Sales, Undeveloped B-2, R-15 East Residential R-15 South Residential R-15 West Castle Hayne Road Right -of -Way, Residential N/A, RA Z22-03 Staff Report BOC 5.2.2022 Page 1 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 1 AERIAL V +• f� '�'"�� ,y �. � Site �� - 4 AIK e� HGaiaover o�ility,_NC ZONING HISTORY July 1, 1985 Initially zoned R-15 (Castle Hayne Area) COMMUNITY SERVICES CFPUA sewer is available; CFPUA water has capacity at this time. Capacity Water/Sewer is also dependent on the analysis of the pipe collection system (gravity and force mains). Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Castle Hayne Station Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools Recreation Riverside Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources. Archaeological No known archaeological resources. Z22-03 Staff Report BOC 5.2.2022 Page 2 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 2 APPLICANT'S PROPOSAL • The applicant is proposing to rezone approximately 1.84 acres from R-15, Residential to CB, Community Business and R-10, Residential. The portion of the land fronting Castle Hayne Road is intended for commercial space. The acreage fronting Blossom Street would be rezoned for low density residential. • Access to the site is provided by Castle Hayne Road and Blossom Street. As shown on the proposed plan, the CB commercial zoning will front Castle Hayne Road and the R-10 residential zoning will front Blossom Street. • According to the applicant, the CB portion of the property is intended to be used for a restaurant. The acreage fronting Blossom Street will be subdivided into 3 lots for single family residential. However, because this is a straight rezoning request, conditions regarding uses cannot be placed on the approval. 1. CORNEAS ARC IAGp,'ED AS iv m ON .Inv, 2. Ar! pSTANLLS ARC ilCMr x f D ✓aD.A.WOUENri iAR[q CVRRUT£O 8Y me C]CROfh4!£ MFiNOpL nus RAvrcRrr 5 ra�Eo a1�. a fxw-s � Lr wnrun A trvoo n�zARnals AR91. 1 � 6- .W B AM':M�+.W++1. LVNrRC1 EIH Sp00'. 9 7. BWLNNG .L�1 M.CX1 +YEOVA4EC !0 E 1H AM7RP X9TIf »K ME1r ! a CLWM1' ZC'+eWC OROuf{uCCF ) I sLIRvEy R Ch:PUN LQiS ] IRRU 0 6 LOi 1] ]NRI! PO 1 f I�If!! BEONr 16 1I LL[O ov 16 A] RACE 1. f uE£0 � 1 !!� oasti�cnxfi4°'a BOOK A! RAf.G ]0] 1 At,1+ ! `yt Q• • •.Y ` —Y (131 k UC r+ wwsa rnuNr ■rcanr N 611012j,' } A ;I y -1 3-00 AGt OROS oW ACt AM' 97 +' al FOR�ax r. 6YLAL WAAD 1 j ox Iss narxv $TAI(E sera FUR DOUG REEVES WE r$A9 7OWNSNIP - NEW FNNOVFR C Wvn NQRTH cARCUw q TCALE. I' = W' SEPTO/OCR 1, 202f �s ou uaro + of jf 50 0 ru ioa �fia pOBl1C GRAPHIC SCREE - PEEr + 8nr.eygg Compsay ! - N.C. LICENSE No. F-}ai6 i i ! P.O. F „7I + j � I 4'i l i F.- (810j 2Ei9-SOM .-AA wIfgR�a 0.nw !S fi16GRfMlIMR{W) Z22-03 Staff Report BOC 5.2.2022 Page 3 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 3 ZONING CONSIDERATIONS • The R-15 district in this area was established within the "Castle Hayne" zoning area in 1985. At the time, the purpose of the R-15 district was to provide lands that accommodate very low -density housing and recreational uses in order to preserve the quiet residential nature of the areas included in the district. However, recent rezonings of nearby property have allowed increased density and different levels of intensity in the surrounding Castle Hayne area. • The purpose of the Community Business (CB) District is to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services. CB district lands can serve as a buffer between higher density/intensity development and moderate or low -density multi -family and single- family neighborhoods. This district was added to the Unified Development Ordinance in 2019 and was intended to be appropriate adjacent to existing residential uses. • The purpose of the Residential-10 (R-10) District is to provide lands that accommodate new residential neighborhoods and encourage the conservation of existing residential lots and neighborhoods. Neighborhoods in the R-10 district are relatively low density in character and may be established in proximity to neighborhood or community commercial districts to encourage the establishment of walkable development patterns. • Although a straight rezoning, the applicant has provided a proposed plan for the parcel, but conditions regarding uses cannot be placed on the approval. The subject site would be required to meet all the Unified Development Ordinance (UDO) requirements for development within the proposed zoning districts. Types of uses allowed and commonly found in the CB district include civic, institutional, and commercial uses like community centers, religious assemblies, restaurants, and general retail sales. Types of uses allowed and commonly found in the R-10 district include civic, institutional, and residential uses like libraries, religious assemblies, and EMS facilities. Some of these uses allowed in the CB and R-10 zoning districts are also permitted within the R-15 zoning district. Any proposed non- residential use would be subject to the applicable site design and approval provisions within the UDO. • The subject property is located within the commercial area of Castle Hayne. This area includes general office, retail, and restaurant uses. Adjacent property to the north of the site is zoned B-2, Regional Business, with a retail use established on site. Single-family housing and undeveloped land are located directly east and northeast of the property along Blossom Street, an unimproved public right-of-way. A small adjacent property to the south is zoned R-15 Residential. To the west exists RA -zoned parcels, accommodating single- family housing. To the northwest of the subject site, B-2 zoning exists and includes the Hudson Hardware and Luck's Tavern businesses. • Current R-15 zoning would allow a maximum of 5 dwelling units on the 1.84-acre site at a density of 2.5 du/ac. • Future development of the site would be subject to technical review to ensure compliance with applicable County and State regulations, including applicable site design and approval provisions within the UDO. Z22-03 Staff Report BOC 5.2.2022 Page 4 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 4 AREA SUBDIVISIONS UNDER DEVELOPMENT • The property is not within one mile of any subdivisions under development. TRANSPORTATION • Access will be provided to the subject property from Castle Hayne Road, an NCDOT- maintained minor arterial street, and by Blossom Street by way of Vine Street. Site Access v Is� • Traffic Impact Analyses are not required for a straight rezoning, as a specific development proposal is required to thoroughly analyze access, potential trip generation, and roadway improvements. Z22-03 Staff Report BOC 5.2.2022 Page 5 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 5 • Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvements from traffic impact analyses to ensure adequate traffic safety and distribution. Recommended roadway improvements will be completed as required by a Traffic Impact Analysis (TIA) or through the NCDOT Driveway permitting process. • As currently zoned, it is estimated the site would generate about 4 AM peak hour trips and 5 PM peak hour trips if developed at the permitted density. • The trips generated from the requested CB portion of the property would vary based on the proposed uses within this district. It is estimated that 1.27 acres of property zoned CB can generally support approximately 10,000 square feet of traditional general retail uses based on a typical 18% building area for this type of zoning. Such a development is estimated to generate about 38 AM peak hour trips and 92 PM peak hour trips. • The net change from the potential trip generation if the site were to be developed under the existing R-15 district to the proposed CB and R-10 districts shows an approximate increase of 36 AM peak hour trips and an approximate increase of 90 PM peak hour trips. General retail uses typically generate the bulk of their trips during the PM hours as retail uses are often not the weekday rush hour destination for motorists. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development 5 Single -Family 4 AM / 5 PM under Current Zoning: Dwellings Total: 40AM / 95 PM Potential Trip Approximately 10,000 Generation under Square Feet of General (38 AM / 92 PM for CB Proposed Rezoning: Retail Sales & 3 Single- & Family Dwellings 2 AM / 3PM for R-10) Potential Net Change under Proposed - + 36AM / + 90 PM Zoning: • As there is not a specific development proposal at this time to analyze traffic impacts for, staff has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Castle Hayne Road 6100 block 19,494 17,375 1.12 (F) Z22-03 Staff Report BOC 5.2.2022 Page 6 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 6 Nearby Planned Transportation Improvements and Traffic Impact Analyses The property is not within 1-mile of any planned Transportation Improvement Projects or Traffic Impact Analyses. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Holly Shelter Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I soils (suitable/slight limitation). OTHER CONSIDERATIONS SCHOOLS • Students generated from development of this parcel would be assigned to Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • Under the current zoning, density would be limited to a maximum of 5 dwelling units. Under the proposed zoning, a maximum of 3 units could be developed. • Based on the current student generation rate*, the maximum development within the proposed zoning district can be estimated to generate approximately the same number of students than if developed under existing zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Z22-03 Staff Report BOC 5.2.2022 Page 7 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 7 Estimated Student Yield Development Type Intensity (current general student generation rate)* Existing Development Undeveloped Approximate* Total: 0 Typical Development under Current R-15 5 residential units Approximate* Total: 1 Zoning Potential Development under Proposed Zoning 3 residential units Approximate* Total: 1 Districts *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out -of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity**-2021-2022 Estimates Total Enrollment of Capacity of % of Funded Level NHC % School Assigned Assigned Capacity of Capacity Capacity School School w/ Assigned Upgrades Portables School Elementary 91 % Castle Hayne 483 529 91 % None Middle 98% Holly Shelter 917 934 98% None High 105% Laney 2063 1903 108% None *Enrollment is based on the New Hanover County Schools enrollment projections for the 2021 -2022 school year. **Capacity calculations were determined based on the projected capacities for the 2021-2022 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey that has been prepared by New Hanover County Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. Z22-03 Staff Report BOC 5.2.2022 Page 8 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 8 REPRESENTATIVE DEVELOPMENTS Representative Developments of R-15: Page's Corner in Ogden Clay Crossing Z22-03 Staff Report BOC 5.2.2022 Page 9 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 9 Representative Developments of R-10: Rachel's Place Planters Walk and West Bay Estates Z22-03 Staff Report BOC 5.2.2022 Page 10 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 10 Representative Developments of CB: HIGH oTIDE HOME Context and Compatibility • The property is located along Castle Hayne Road, which is identified as a Minor Arterial on the WMPO Functional Classification Map. • The site abuts the Castle Hayne commercial node and is adjacent to single family homes to the east on Blossom Street. • The site would serve as a transitional area between the commercial activity along the Castle Hayne corridor and the lower -intensity uses to the east. • The development is expected to have no impact on the school system. Z22-03 Staff Report BOC 5.2.2022 Page 11 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 11 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. ' LAND USE Community General, Mixed -Use Residential New Hanover County, NC Z22-03 Staff Report BOC 5.2.2022 Page 12 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 12 Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The subject property is located in a transitional area near the Castle Hayne commercial services node and ideally would provide for the needs of adjacent residential neighborhoods. The Comprehensive Plan classifies properties along the Castle Hayne Road corridor as Community Mixed Use. It is the intent of the plan to allow for the continued growth of this node with commercial services and moderate density residential development while also providing a transition between the lower density housing to the east and the high intensity Castle Hayne Road Corridor. The subject site's location makes it appropriate to serve as a transitional area between the existing and future businesses located within the Castle Hayne commercial node to the south and low -density residential and low -intensity commercial land uses to the north. The proposed CB portion of the parcel would allow for the types of Analysis commercial uses that would be appropriate in a Community Mixed Use place type and would provide services to the surrounding community. Uses permissible within the CB are meant for transitional areas between residential areas and commercial nodes. The applicant intends for lower - intensity commercial services such as a small restaurant, for nearby residents as well as commuters since Castle Hayne Road is an important commuter route to and from Pender County. The proposed R-10 portion of the parcel will be located between the CB and existing R-15 zoning districts. The proposed R-10 zoning district could accommodate approximately 3 residential units, which would provide an appropriate transition to the single-family homes existing on Blossom Street and toward the east. While the proposed housing density is lower than typical in a Community Mixed Use place type, it is consistent with existing housing patterns. The proposed rezoning for CB and R-10 is generally CONSISTENT with the Consistency Comprehensive Plan because it will allow for the types of residential Recommendation development and commercial uses encouraged in the Community Mixed Use place type. Z22-03 Staff Report BOC 5.2.2022 Page 13 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 13 PLANNING BOARD ACTION The Planning Board considered this application at their April 7, 2022 meeting. The Board recommend APPROVAL (6-0) of the proposed rezoning to CB and R-10 districts. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it would allow for the types of commercial and residential uses encouraged in the Community Mixed Use place type. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the site is located on an arterial street near existing commercial services and would serve as a transition between the Castle Hayne commercial node to the south and residential properties to the north and east. STAFF RECOMMENDATION Because the proposed rezoning is generally consistent with the Comprehensive Plan and would provide a transition between existing commercial services and residential areas, Staff recommends approval of the proposal and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning to CB and R-10. 1 find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of residential and commercial uses that would be encouraged 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 site is located on an arterial street near existing commercial services and would serve as a transition between the Castle Hayne commercial node to the south and residential properties to the north and east. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to CB and R-10. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it would allow for the types of commercial uses that would be encouraged in the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity will adversely impact the adjacent neighborhoods. Z22-03 Staff Report BOC 5.2.2022 Page 14 of 14 Board of Commissioners - May 2, 2022 ITEM: 8 - 2 - 14 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-03 6205 Blossom St R-15 CB, R-10 Al A � e' c t�l M �... B-1 AC R-5 EDZD CB 1-1 R-7 PD B-2 I2 R-10 RMF—X CS AR R-15 RMFU SC RA R-20 UMXZ O&1 R 20S Indicates Conditional Zoning District (CZD) •g'i COD See Section 5.7 of the UDO oard of Com ?Hers -May 2, �022 -3 1 t^'` F` ❑ Incorporated Areas SHOD r.... Site Address: Z22-03 6205 Blossom St ial Board 6f Co Existing Zoning/Use: Subject Site Community 0�7 PFE� J I issio ers - EM:8 4 Proposed Zoning/Use: CB, R-10 Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL LIf1:71-fe101NAIVA: ICFly COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: Z22-03 6205 Blossom St R-15 CB, R-10 Neighboring Parcels 3908 3920 6401 JV s ". 6333 ; x 6313 • 6309 6315 • 6305 6312 • I • 6303 • • •i c 6307 6311 63H ► • • • 6300 • 6304 4009 Jul • - 6214 - 621, 01 0. 208 : 6205 • 6129 r 6206 6215 • �� I' • 6200 6200 6205 YJ r 6201 • • 6117 11 • 6120 6117 • 6111 61.18 6115 • 6107 • • 6101, 6100 61011 6025 • • • • 6016 • 6000 6000 • 0" <6000 6000 6000�► 6000 a�. Al ?qra om r ay 2, 202 � � � ,rat; I .F Subject Site 4 ��t IL k < w + T I f } N=w Hanove Count y Application Documents & Materials Board of Commissioners - May 2, 2022 ITEM: 8 - 6 - 1 i HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE Z 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 plan n ingdevelopment.nhcgov.com ZONING MAP AMENDMENT APPLICATION This application form must be completed as part of a zoning map amendment application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.2 of the Unified Development Ordinance. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) 04, . J Lis, k-� Company �/Vq LLCM Company/Owner Name 2 Address Address �G I I mx,.,,e- 11 P City, State, Zip City, State, Zip Ph .n ` 3 %y 1 q Phone Email) 1 j Email Board of Commissioners - May 2, 2022 Page 1 of 5 ITEM: 8 - 7-Zbning Map Amendment Application — Updated 12-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning Future Land Use District(s) G+y K.-10v`l classification 3. Zoning Map Amendment Considerations Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify the land that is subject of the application to the requested zoning district classification(s) and subjects it to the development regulations applicable to the district(s). The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Map amendment meets the following criteria. (attach additional pages if necessary) 1. Flow 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.? Aq ( bf P C, 4 2. Flow would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? Sp< � c x0rc E dPC) v' � � �E S �� P Board of Commissioners - May 2, 2022 Page 2 of 5 ITEM: 8 - 7 - 2 Zoning Map Amendment Application — Updated 12-2020 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? or' rn�� ®� �9 G,R� i C o��u s, ✓P A -/--0 ?-91 1 14 - 4. How will this zoning change serve the public interest? Board of Commissioners - May 2, 2022 Page 3 of 5 ITEM: 8 - 7 - 3 Zoning Map Amendment Application — Updated 12-2020 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'. Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant initial ,)This application form, completed and signed 1t'Jr a ❑ Application fee; • $500 for 5 acres or less • $600 for more than 5 acres ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning Gt J ❑ One (1) hard copy of ALL documents acknowledgment and Signatures Form (if applicable) ❑ One (1) digital PDF copy of ALL documents AND plans Board of Commissioners - May 2, 2022 Page 4 of 5 ITEM: 8 - 7 - 4 Zoning Map Amendment Application — Updated 12-2020 4. Acknowledgement and Signatures I hereby certify that I am the applicant or authorized agent of the applicant, and the information included in this application is accurate to the best of my knowledge, information, and belief. I also certify that I have submitted all of the information and documentation required for this application. Further, I acknowledge that no site work can commence until all applicable approvals and permits are obtained, and that any modifications to approved or proposed plans st be revie by the County and may require the submittal of a new application. LI.<< Signature of Applicant Print Name Signature of Applicant Print Name Note: This form must be signed by the owner(s) of record, contract purchaser(s), or other persons(s) having a recognized property interest; or by a person authorized to submit the application on their behalf. 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. Board of Commissioners - May 2, 2022 Page 5 of 5 ITEM: 8 - 7 Z`dning Map Amendment Application — Updated 1 2-2020 0 uO m T hl 14 : a ur � m "2- 1 py z y a J o �0.��a�oNmv LIS ,,. �• z m �j0° EL V ^m wLOL I z zIn w i I ^0 W j e L — 159 1 ------------- ^ N O w W � I'- W � U, f y ❑ti �M g a iu S � i --._-- ir1 ff N o uvd - ..._-_.-.. j o 2 ' , ! N � O ~ ti and 3 -� i .m j p PH. .SF'F9Z M,.00,01- ! 60S lug ,0¢ _ LU o lw ? 3 z 1- nd 05) dS ROSE079 a — ❑a J o a� N❑N¢4 � aQ � 1 m ❑ jl `¢ VE Z LO ` , � ti . a ost 'sfl so t! z is CL oaas2k)o�o "' x °m N Board of Corrwai veers - May 2, 2022 j ITEM: 8-7-6 i V 9) (A1 4 nl -. x f J MAGNETIC°OiyD1:6 b ° ui Zzzmro°°rn is lil 6'1 � x7°c x "C J DB 48, PG 150 J z ay ro cam m mDI °�a o l A OVI yrA 0b M - 1_ BLOSSOM A O�mUAi° S7kEET (50' Pz, ZIC ' - i iia °z I�/�9J -- 3I�nnI 2 Zon'h ro I 509'10'00'M1noW) Ag m o� L— c N i l��-� a a 0 m ro I y CO %' OPOSFD REZZO1y11yO L/NE Is— � Ow V w O ► J/ = I µ µ µ� a N J FMB H I N 09'70b0 E 64,00 ) gO' cn —-- � i m r m o � a (,� a ~3 o I a°' �`'�� po9y ° 16q c', } m ti A xn - "I 4 J m° A i v c!0 � cm�ooron � m 2 N b 2 m b N k �ii�ti •.y�,`\c >^ m 2� eli Sn W9 o- l I N� a m C CI D I�11 CS p N�m"`v cQ ..Obp m a Board of Commissioners - May 2, 2022 ITEM: 8 - 7 - 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/2/2022 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning & Land Use Director CONTACT(S): Rebekah Roth; Ken Vafier, Planning Supervisor SU BJ ECT: Public Hearing Rezoning Request (Z22-09) - Request by James Fentress with Stroud Engineering, PA, Applicant, on Behalf of Dallas Harris Land Company, LLC, Property Owner, to Rezone Approximately 1.1 Acres of Land Located at 7491 Market Street from R-15, Residential District, to (CZD) CB, Community Business District for a Bank/Financial Institution, Medical and Dental Office and Clinic, and Offices for Private Business and Professional Activities BRIEF SUMMARY: The applicant is proposing to rezone just over one acre of land located at 7491 Market Street from R-15 to (CZD) CB in order to develop a bank/financial institution. The proposed development consists of a 2,400 square foot structure with a covered drive-thru ATM area with 3 service lanes. In addition to the proposed bank/financial institution use, the applicant is also proposing that Medical and Dental Office and Clinic and Offices for Private Business and Professional Activities be included to allow for future flexibility in land uses. Access is proposed from Torchwood Boulevard and Market Street and will be limited to right-in/right-out movements and will be subject to NCDOT Driveway Permitting regulations. Internal circulation throughout the site and through the drive-thru ATM area is provided via internal drive aisles. As currently zoned, it is estimated the site would generate about 3 trips during the peak hours if developed at the permitted density. The proposed use is anticipated to generate approximately 29 AM peak hour and 58 PM peak hour trips. Trip generation for the three proposed uses varies; however, the net change from the potential trip generation if the site were to be developed under the existing R-15 district shows an increase ranging from 2-26 AM peak hour trips and an approximate increase ranging from 3-25 PM peak hour trips. 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). The property is located along the Market Street corridor, which, as a principal arterial, is one of the more intensely developed commercial corridors in the unincorporated county. It is located at the southern extent of the Special Highway Overlay district and lies in a transitional area between the Porters Neck high growth node to the north and the Ogden commercial node, both of which are classified as Urban Mixed Use, the highest intensity place type in the 2016 Comprehensive Plan. While many properties with frontage along Market Street retain their initial R-15 zoning, this corridor has functioned as a main commercial corridor for a substantial time and similar smaller, residentially zoned properties have been transitioning to commercial property. Due to the location and surrounding development patterns, the property is less likely to be developed with low density housing as the corridor continues to be developed with commercial uses to serve residents in this portion of the county. Due to the site's proximity to adjacent single-family residential to the west and its historic use as a buffer property between these properties and Market Street, the design of lighting associated with the business use may need additional consideration to ensure compatibility and was the basis for one of the conditions requested by the Planning Board. Board of Commissioners - May 2, 2022 ITEM: 9 The 2016 Comprehensive Plan classifies the property under the Community Mixed Use place type, where appropriate land uses include office, commercial, and institutional services. The proposed uses are generally CONSISTENT with the Comprehensive Plan because they will provide lower impact, transitional uses that are in line with both the Community Mixed Use place type as well as the intent of the CB district. The Planning Board considered this application at their April 7, 2022 meeting. At the meeting, adjacent property owners spoke in opposition with concerns related to flooding and storm water concerns in the project vicinity, traffic circulation, noise and potential mitigation options, and impacts from lighting. The Planning Board recommended approval of the petition (6-0) with four conditions: 1. The height of exterior light fixtures shall not exceed 25 ft. and all exterior luminaries, including security lighting, shall be full cut-off fixtures that are directed downward. 2. An additional row of vegetation beyond the UDO requirements shall be provided in the buffer area along the northwestern property line. 3. The location of the dumpster shall be shifted south and screened with vegetation. 4. Hours of operation shall be from 8 AM to 7 PM. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the type of uses that are appropriate in the Community Mixed Use place type. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is in line with the intent of the CB district and can provide transitional uses from single- family residential homes to the west and the Market Street corridor. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by N H C businesses and support them RECOMMENDED MOTION AND REQUESTED ACTIONS: Based on the recommended uses for the Community Mixed Use places, intent of the CB district, and the context and compatibility with the immediate surrounding area, 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 it will allow for the types of uses that are appropriate in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is in line with the intent of the CB district and can provide transitional uses from single-family residential homes to the west and the Market Street corridor. Proposed Conditions: Board of Commissioners - May 2, 2022 ITEM: 9 1. The height of exterior light fixtures shall not exceed 25 ft. and all exterior luminaries, including security lighting, shall be full cut-off fixtures that are directed downward. 2. An additional row of vegetation beyond the U DO requirements shall be provided in the buffer area along the northwestern property line. 3. The location of the dumpster shall be shifted south and screened with vegetation. 4. Hours of operation shall be from 8 AM to 7 PM. 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 it will allow for the types of uses that are appropriate in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the land use will adversely impact the adjacent residential areas. ATTACHMENTS: Z22-09 Scdpt BOC Z22-09 Staff Report BOC Z22-09 Zoning Z22-09 Future Land Use Z22-09 Neighbodng Properties Initial Application Corer Sheet Z22-09 Application Concept Plan Coker Sheet Z22-09 Concept Plan Public Comments Coker Sheet Neutral Comment Opposition 1 Opposition 2 Opposition 3 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with four conditions as presented by staff. COMMISSIONERS' ACTIONS: A request by the petitioner to continue the item to June 6, 2022 was approved 5-0. Board of Commissioners - May 2, 2022 ITEM: 9 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-09) Request by James Fentress with Stroud Engineering, PA, applicant, on behalf of Dallas Harris Land Company, LLC, property owner, to rezone approximately 1.1 acres of land located at 7491 Market Street from R-15, Residential District, to (CZD) CB, Community Business District for a bank/financial institution, medical and dental office and clinic, and offices for private business and professional activities. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition 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 APPROVE the proposed rezoning to a (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of uses that are appropriate in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is in line with the intent of the CB district and can provide transitional uses from single-family residential homes to the west and the Market Street corridor. Proposed Conditions: 1. The height of exterior light fixtures shall not exceed 25 ft. and all exterior luminaries, including security lighting, shall be full cut-off fixtures that are directed downward. 2. An additional row of vegetation beyond the UDO requirements shall be provided in the buffer area along the northwestern property line. 3. The location of the dumpster shall be shifted south and screened with vegetation. 4. Hours of operation shall be from 8 AM to 7 PM. Board of Commissioners - May 2, 2022 ITEM: 9 - 1 - 1 Example Motion for Denial I move to DENY the proposed rezoning to a (CZD) CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of uses that are appropriate in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the land use will adversely impact the adjacent residential areas. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional RMF-M district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - May 2, 2022 ITEM: 9 - 1 - 2 STAFF REPORT FOR Z22-09 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-09 Request: Rezoning to a Conditional CB, Community Business district Applicant: Property Owner(s): James Fentress with Stroud Engineering Dallas Harris Land Company Location: Acreage: 7491 Market Street 1.1 PID(s): Comp Plan Place Type: R0361 8-012-032-000 Community Mixed Use Existing Land Use: Proposed Land Uses: Bank/Financial Institution, Medical and Undeveloped Dental Office and Clinic, Offices for Private Business and Professional Activities Current Zoning: Proposed Zoning: R-15, Residential District (CZD) CB SURROUNDING AREA LAND USE ZONING North Single -Family Residential (English Moor at West Bay) R-15 East Market Street; Medical Offices 0&1 South West Bay Buffer, General Retail, Contractor Office R-15, B-2 West Single -Family Residential (Rockport at West Bay) R-15 Z22-09 Staff Report BOC 5.2.2022 Page 1 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 1 �AERIAL �l • i Site- . Ad ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 813) COMMUNITY SERVICES Water/Sewer water and sewer services are available through CFPUA, and the property is currently connected to both. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Ogden Station Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park, Pages Creek Nature Preserve CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-09 Staff Report BOC 5.2.2022 Page 2 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN c� �°o d� F}ENGL ° Z E PHILLIP 5. PAGE DEED BOOR 6125 PG 13E3�" r G�Lgr �' DEE �4 a { NrF GERALOINE W. 5TJ L 4 \ VEER 80GK 52Z4 PG 2460 0 Rockport at West - r Bay Estates r f , SHR[L WHALEY DEED BOOK 013 ' '7c.3 !t a 4 £,k . ram' h • _ — oT f N,'F ¢ t NANCI A. BROADWELL f :EED BOOK 6197 PG 1479 a� /f •'rr'��ti�; N/F ff � �{ r``•r ��\ iilr ANDREA J. BATES ETAL DEED BOOK 3284 PC 0518 O ! !/ J� i r • 'L � 8 f �rlr' ♦ i`r f � f��•• r i•r , •. f / iti� �l rr �/ � ,�r f `tom r 6. d `raj 119 1 / tilt' Jf 25 VESTMENTS d LLC t� 958 PG 100Q N/F /tryo PARKER INVESTMENTS USA. LLC PRI DEED BOOR 6$90 PG 1694 , ` DEED I+ ' r' r Includes Staff Markups • The applicant is proposing to construct a 2,400 sf bank with a covered drive-thru ATM area consisting of three lanes. The building is proposed at one story and 25' in height. • In addition to the proposed bank/financial institution use, the applicant is also proposing that Medical and Dental Office and Clinic and Offices for Private Business and Professional Activities be included to allow for future flexibility in land uses. Z22-09 Staff Report BOC 5.2.2022 Page 3 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 3 • The applicant's proposed conceptual plan includes preliminary design for required setbacks, parking, landscaping and buffering, and stormwater detention. • Existing regulated trees in the buffer area on the western boundary of the lot will be retained, and this area will be supplemented as needed to achieve 100% opacity within 1 year of planting per ordinance requirements. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. • Since its original zoning designation in 1972, this portion of the county and the Market Street corridor have experienced a gradual shift from the original R-15 zoning to more commercial districts and uses, a trend that is expected to continue. • The CB district was established to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. Development in this district is intended to 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. The district is also intended to serve as a buffer between higher density/intensity development and moderate or low -density multi- family and single-family neighborhoods. • In the CB district, a minimum 25-foot rear setback, 20-foot interior setback, and 20-foot opaque bufferyard are required where the development abuts existing single-family properties. • The site also lies within the Special Highway Overlay District, which subjects it to additional standards such as increased structure and parking setbacks from Market Street as well as requirements governing lot coverage and signage. • The site was initially recorded as a "buffer" lot for Rockport at West Bay Estates when the community was platted in 1994. Based on staff research into the recording of this lot as a buffer on the recorded plat, it appears that this dedication was voluntary, and there is not currently a known legal requirement to maintain this parcel as a buffer for Rockport at West Bay Estates. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5 foot candles. The UDO does not prescribe limitations on the height, wattage, bulb -type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. • 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. Z22-09 Staff Report BOC 5.2.2022 Page 4 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 4 AREA SUBDIVISIONS UNDER DEVELOPMENT ■ ptr��lr�ylq � : � �� . ■ Development Total Units Built Remaining ■ i', l _ �r':►��G ��I� j 1� IWOM � ► ,�� 1111�11nj� �,��t<ri � � � �j� U � r�rr��1�� `�ril�►/ � �� NO MANCINI NEWS AIC Z22-09 Staff Report BOC 5.2.2022 Page 5 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 5 TRANSPORTATION • Access points are proposed tobeprovided tothe subject property from Market Street, on MCDOT maintained principal arterial, and Torchwood Boulevard, an NCDOT maintained minor collector street. w The proposed access points to both Market Street and Torchwood Boulevard will function as right-in/right-out movements. Internal circulation throughout the site and through the driva-throATM area is provided via internal drive aisles. w Aacurrently zoned, kisestimated the site would generate about 3 trips during the peak hours if developed at the permitted density. The proposed (CZD) CB development vvoo|d alter the estimated number of peak hour trips by the fnUwvving' o Approximate increase of 2bAMand 55 PM peak hour trips ifdeveloped at the specific proposed use of o drive'thro bunk/ Board ofCommissioners ' May 2.2O22 o Approximate increase of 6 AM and 9 PM peak hour trips if developed with 3,000 sf of medical office/clinic; o Approximate increase of 2 AM and 3 PM peak hour trips if developed as a 3,000 sf general office building. • 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). Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development 3 Single -Family 3 AM / 3 PM under Current Zoning: Dwellings 2,400 Square Foot 29 AM / 58 PM Bank/Financial Institution 3,000 Square Foot 9 AM / 12 PM Proposed Development: Medical/Dental Office 3,000 Square Foot Private/Professional 5 AM / 6 PM Office • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. The volume to capacity ratios at this location indicate Market Street is over its planning capacity, while Torchwood Boulevard is near its planning capacity. NCDOT Averaqe Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Market Street Approximately 0.5 miles 59,890 37,232 1.61 south of subject property Torchwood Boulevard North of subject property 7,745 8,000 0.97 Z22-09 Staff Report BOC 5.2.2022 Page 7 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 7 E4 0 A.A AL STIP Projects U-475, U-4751 A — Military Cutoff Extension o Project to extend Military Cutoff from Market Street to 1-140. o The project is currently under construction and is expected to be completed in early- 2023. o The extension of Military Cutoff will intersect Torchwood Boulevard just over 3/4 miles west of the subject site. Lendire Road/Brittany Lakes Drive, Torchwood Boulevard, and Putnam Drive/Bradfield Court will connect to the Military Cutoff extension, allowing access to neighborhoods west Market Street. o The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project. Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status 1. Ogden Starbucks • 2,200 square foot coffee • Approved May 10, 2019 shop with drive thru • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional exclusive eastbound right -turn lane on Lendire Road at Market Street (improvement installation to be coordinated with the Military Cutoff Extension project (U-4751 ). Modification of the signal timing at the same intersection to incorporate the new dual right -turn lanes. Nearby Proposed Developments included within the TIA: • None Development Status: Construction is complete. The installation of right -turn lane will be completed with the Military Cutoff extension project. Z22-09 Staff Report BOC 5.2.2022 Page 9 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 9 Proposed Development Land Use/Intensity TIA Status 2. Middle Sound • 288 multi -family units . Approved August 14, 2019 West • Small office with 32 • 2021 Build Out Year employees The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a westbound right -turn lane at the site's access on Lendire Road. Nearby Proposed Developments included within the TIA: • Ogden Starbucks Development Status: Special Use Permit issued in November 2021; no construction has started at this time. Proposed Development I Land Use/Intensity TIA Status • 20,000 square feet of Medical/Dental Office • 70,000 square feet of 3. Bayshore Shopping Center • TIA approved September 1 1, Commercial • 8,000 square feet of High 2019 Development Turnover Sit Down • 2022 Build Out Year Restaurant • 4,000 square feet of Fast - Food Restaurant The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional westbound left turn lane on Bayshore Drive to Market Street • Extension of existing northbound right turn lane on Market Street from Bayshore Drive to the site's access points Nearby Proposed Developments included within the TIA: • None Development Status: The property is zoned B-2, which allows for this development by - right. Preliminary plans have been reviewed by the TRC. Z22-09 Staff Report BOC 5.2.2022 Page 10 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 10 Proposed Development Land Use/Intensity TIA Status • 4,800 sf of Office • 6,600 sf of Shopping Center . Approved February 20, 2018 4. Bailey Shoppes • 1,200 sf of Fast Food • 2018 Build Out Year Restaurant with Drive-Thru (No Update Needed Per • 2,400 sf of High -Turnover NCDOT) Restaurant The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a southbound right -turn lane from Bump Along Road to Mendenhall Drive • Installation of a traffic signal at a future u-turn movement to be located approximately 800 feet south of Alexander Road Nearby Proposed Developments included within the TIA: • Aldi at Marsh Oaks • Amberleigh Shores Phase II Development Status: Initial site work has been completed; however, no structures have been constructed at this time. ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Pages Creek watershed. Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable with slight limitations) soils; however, the project will connect to CFPUA sewer services. Z22-09 Staff Report BOC 5.2.2022 Page 11 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 11 OTHER CONSIDERATIONS Representative Developments Representative Developments of R-15: Rockport at West Bay Estates English Moor at West Bay Estates Z22-09 Staff Report BOC 5.2.2022 Page 12 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 12 Representative Developments of Land Use: 7320 Market Street State Employees Credit Union on Market Street Z22-09 Staff Report BOC 5.2.2022 Page 13 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 13 Context and Compatibility • The property is located along the Market Street corridor, which, as a principal arterial, is one of the more intensely developed commercial corridors in the unincorporated county. • The site is located at the southern extent of the Special Highway Overlay district and lies in a transitional area between the Porters Neck high growth node to the north and the Ogden commercial node, both of which are classified as Urban Mixed Use, the highest intensity place type in the 2016 Comprehensive Plan. • While many properties with frontage along Market Street retain their initial R-15 zoning, this corridor has functioned as a main commercial corridor for a substantial time and similar smaller, residentially zoned properties have been transitioning to commercial property. • Due to the location and surrounding development patterns, the property is less likely to be developed with low density housing as the corridor continues to be developed with commercial uses to serve residents in this portion of the county. • Due to the site's proximity to adjacent single-family residential to the west and its historic use as a buffer property between these properties and Market Street, the design of lighting associated with the business use may need additional consideration to ensure compatibility. 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. LAND USE N General Residential site ;r Community` Mixed Use fde4h Hover foul tS�N Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. Z22-09 Staff Report BOC 5.2.2022 Page 14 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 14 The subject site is located along a major arterial in a location that is likely to continue to develop with commercial uses to serve nearby residents. The Market Street corridor in this area of the county is one of the county's most heavily traveled commercial corridors, and the site is between the Porters Neck growth node and the Odgen commercial node, both of which are classified under the county's highest intensity place type. The proposed uses are consistent with those encouraged within the Community Mixed Use place type, and development of the site with these lower intensity commercial uses can serve as a transition between the Urban Analysis Mixed Use areas to the north and south. Though the site has historically been used as a buffer between Rockport at West Bay Estates and Market Street, development of the site with the proposed uses under the CB zoning district may be appropriate with the application of the UDO's regulations on landscaping, buffering, and lighting. Development in the CB district is intended to 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. The district is also intended to serve as a buffer between higher density/intensity development and moderate or low - density multi -family and single-family neighborhoods. The proposed uses at the subject site are in line with the intent of the district. The proposed uses are generally CONSISTENT with the 2016 Consistency Comprehensive Plan because they will provide lower impact, transitional Recommendation uses that are in line with both the Community Mixed Use place type as well as the intent of the CB district. Z22-09 Staff Report BOC 5.2.2022 Page 15 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 15 PLANNING BOARD MEETING The Planning Board considered this application at their April 7, 2022 meeting. At the meeting, adjacent property owners spoke in opposition with concerns related to flooding and stormwater concerns in the project vicinity, traffic circulation, noise and potential mitigation options, and impacts from lighting. The Planning Board recommended approval of the petition (6-0). The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the type of uses that are appropriate in the Community Mixed Use place type. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is in line with the intent of the CB district and can provide transitional uses from single-family residential homes to the west and the Market Street corridor. The Board recommended the following conditions: 1. The height of exterior light fixtures shall not exceed 25 ft. and all exterior luminaries, including security lighting, shall be full cut-off fixtures that are directed downward. 2. An additional row of vegetation beyond the UDC) requirements shall be provided in the buffer area along the northwestern property line. 3. The location of the dumpster shall be shifted south and screened with vegetation. 4. Hours of operation shall be from 8 AM to 7 PM. Z22-09 Staff Report BOC 5.2.2022 Page 16 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 - 2 - 16 STAFF RECOMMENDATION Based on the recommended uses for the Community Mixed Use places, intent of the CB district, and the context and compatibility with the immediate surrounding area, staff concurs with the Planning Board's recommendation and suggests the following motion with the recommended conditions: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of uses that are appropriate in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is in line with the intent of the CB district and can provide transitional uses from single-family residential homes to the west and the Market Street corridor. Proposed conditions: 1. The height of exterior light fixtures shall not exceed 25 ft. and all exterior luminaries, including security lighting, shall be full cut-off fixtures that are directed downward. 2. An additional row of vegetation beyond the UDO requirements shall be provided in the buffer area along the northwestern property line. 3. The location of the dumpster shall be shifted south and screened with vegetation. 4. Hours of operation shall be from 8 AM to 7 PM. 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 it will allow for the types of uses that are appropriate in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the land use will adversely impact the adjacent residential areas. Z22-09 Staff Report BOC 5.2.2022 Page 17 of 17 Board of Commissioners - May 2, 2022 ITEM: 9 -2-17 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-09 7491 Market Street R-1 S CB/Bank/Financial 4.. �CZD R-10 CZD 0&1 B=2 i M , ' R-15 7 //`/ O Zoning Districts B-1 AC R-5 EDZD CB 1-1 R-7 PD B-2 1-2 R-10 RMF-X Cs AR R-15 RMFU SC RA R-20 UMXZ O&1 R-20S ® Indicates Conditional Zoning District (CZD) COD See Section 5.7 of the UDO Boar ❑ Incorporated Areas SHOD 0 415 830 Feet I i I Case: Site Address: Z22-09 7491 Market Street General es'id entia 4 � 0 350 700 Feet I i I Existing Zoning/Use: Board Co missione ITEM: - 4 i c'4 \\Y ire Case Site 7 Proposed Zoning/Use: Ni CB/Bank/Financial Ak Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL ■ CONSERVATION Case: Site Address: Existing Zoning/Use: Z22-09 7491 Market Street R-15 T Proposed Zoning/Use: N CB/Bank/Financial jk O rA o • • dsong Rd ' ,tom'' t a ,. r+^ �/ • � . � i`r` r '�' x • • w P Y Y* y • • re.p !�. • • ��,.��,. • '• r ' � � a of ��+- ro r' Case � ) p Si te to ' • • < ho S, re'PO t9p d. 1 fi r 14, �, mwti r y 0 350 700 Feet ,. ..w Commissin�rs = (Vla 2; 2022 Neighboring Parcels �� L Initial Application Documents & Materials Board of Commissioners - May 2, 2022 ITEM: 9 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 plan ningdevelopment.nhcgov.co m CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Jim Fentress (aka James H Fentress Jr. PE) DALLAS HARRIS Company STROUD ENGINEERING, PA Address 102-D CINEMA DRIVE City, State, Zip WILMINGTON, NC 28403 Phone 910-815-0775 Email ifentress@stroudengineer.com 2. Subject Property Information Company/Owner Name 2 DALLAS HARRIS LAND COMPANY, LLC Address 5389 NC HWY 210 City, State, Zip ROCKY POINT, NC 28457 Phone Email Address/Location Parcel Identification Number(s) 7491 MARKET STREET, WILMINGTON, NC R03618-012-032-000 OR 315916.84.5942.000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 1.15 AC. R-15 / VACANT COMMUNITY MIXED USE i Case Number. Applicant Tracking Information (This section completed by staff) Date/Time Received: I Received by. Page 1 of 5 Conditional Zoning District Application — Updated 02-2020 Board of Commissioners - May 2, 2022 ITEM: 9 - 7 - 1 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: CB I Total Acreage of Proposed District: 1.15 AC Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses allowed by right in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. Bank and/or Financial Institution, Medical and Dental Office and Clinic, Offices for Private Business and Professional Activities 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed For all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Drive-in Bank 912 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 2400 sf AM Peak Hour Trips: 29.0 1 PM Peak Hour Trips: 58.3 Page 2 of 5 Conditional Zoning District Application — Updated 02-2020 Board of Commissioners - May 2, 2022 ITEM: 9 - 7 - 2 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 requested change is consistent with the County's policies for growth and development as described in the 2016 Comprehensive Plan by being small and complimentary to other adjacent commercial uses. 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 attached plan proposes a bank building on a slightly more than one acre in fill site. The Comprehensive Land Use plan calls for community mix use. This small scale, compact use will serve and accent the adjacent communities by providing convenient drive through banking on a street corner as well as providing pedestrian connection to the mix of uses in the area. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The existing zoning is residential. The frontage on Market Street best tends this property to a commercial use. The proposed bank use will be a quiet buffer for the existing residential development to the west. Page 3 of 5 Conditional Zoning District Application — Updated 02-2020 Board of Commissioners - May 2, 2022 ITEM: 9 - 7 - 3 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial Staff Initial This application form, completed and signed =3.3 Application fee:Ve $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review Vrclo'mmunity meeting written summary ❑ Traffic impact analysis (if applicable) IV Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning 9'- ite Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements o For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and/or subdivided boundaries. Vo For non-residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Development schedule, including proposed phasing • Traffic and parking plan; including a statement of impact concerning local traffic near the tract; proposed right-of-way dedication; plans for access to and from the tract; location, width, and right-of-way for internal streets and locations; arrangement and access provisions for parking areas • All existing and proposed easements, reservations, required setbacks, rights - of -way, buffering, and signage • The location of Special Flood Hazard Areas, if applicable • Location, species, and size (DBH) of regulated trees • 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 ne (1) hard copy of ALL documents AND 5 hard copies of the site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. kx— W-03-n. (1) digital PDF copy of ALL documents AND plans Page 4 of 5 Conditional Zoning District Application — Updated 02-2020 Board of Commissioners - May 2, 2022 ITEM: 9 - 7 - 4 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 rovide writt consent to any and all conditions of approval. Signature of Property Owner( Print Name(s) Dalls Harris Signature of Ap icantfAgent Print Name Jim Fentress Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 6 of 6 Conditional Zoning District Application — Updated 05-2021 "° NEW HANOVER COUNTY o :ti p PLANNING & LAND USE o 2 AUTHORITY FOR ,lNlL!lSPAPPOINTMENT OFA GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhegov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner I Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Name dim Fentress Owner Name Address atlas Harris Land Company, LLC 7491 Market Street Company kroud Engineering Owner Name 2 allas Harris City, State, Zip ilmington, NC 28411-9454 Address 02-D Cinema Drive Address 389 NC Hwy 210 Parcel ID Ro3618-012-032-000 City, State, Zip City, State, Zip ililmington, NC 28403 Rocky Point, NC 28457-7002 Phone Phone a10) 815-0775 771) 579-1023 Email Email entress@stroudengineer.com iro140180@gmail.com Case Number Reference: Date/Time received: Received by: This document was willfully executed on the _ day of February 20 22 Owner 1 Signature Owner 2 Signature Board of Commissioners - May 2, 2022 ---ITEM-:9 - 7 - i - - • — nnn a Revised: 3/7/2022 7,491 I�►ET STREET Conditional Rezoning Narrative Introduction The original developer of Rockport, Dallas Harris Land Company, LLC, retains ownership of the US Highway 17 frontage, 7491 Market Street, as shown on Map Book 34, Page 2 of the New Hanover County Registry. The 1.15-acre tract is located at the corner of Market Street, US Highway 17 South and Torchwood Blvd. The Landowner proposes a Conditional Rezoning from its present R-15 zoning to CB, Community Business, zone. The New Hanover County 2016 Comprehensive Plan promotes Community Mixed Use consistent with this proposal for this area. The adjacent properties to the rear and north east side are presently zoned R-15. The property across Market Street is zoned 0&1 and B-2. The property to the southwest side of the property is zoned B-2. The developer proposes a twenty-four hundred square feet bank building with driveway on Torchwood as well as Market Street, US Highway 17. The development will include parking, sufficient storm drainage and detention pond as shown by the attached Conditional Rezoning Plan. This property has traditionally served as a buffer to the highway for the residential subdivision. The subdivision was originally recorded with a twenty feet wide buffer on its periphery. The proposed commercial development will dedicate a buffer along the subdivision boundary. The buffer will be atleast twenty feet wide as originally required for the residential performance subdivision. The buffer will utilize fence and plantings to create an opaque screen to the new development as well as the highway. The new buffer will merge with the existing buffer on its southern end. The new development will buffer Torchwood Boulevard either side of the driveway to create an attractive street scape. All new buffers will be the maintenance responsibility of the new development. Torchwood Blvd. is considered the primary access serving the proposed bank's drive through windows. The primary access will be from I OR CONVB= STREET 102D CINEMA DRIVE GREENME, NORTH CAROLINA 27M VALMNGION, NORM CAROLINA 2s403 252.7569352 410.615JD775 33MC BRIDGES 1TIREET MOREHEAD CRY, NORTH CAROLM 2KG7 252.247.7479 Board of Commissioners - May 2, 2022 ITEM: 9 - 7 - 7 Market Street US Highway 17. This development concept is consistent with the New Hanover County Comprehensive Land Use Plan with regards to a mix of small scale compact uses serving all modes of travel. Existing Use The property is currently undeveloped. The property has been known to have homeless encampments. Proposed Uses The proposed CB zoning is to intended to enable a commercial bank building with a 20 feet wide buffer to the rear for the Rockport at West Bay Estates residential community. The commercial use is intended to serve and compliment the neighborhood. The project will maintain and improve existing drainage patterns as well as manage the stormwater runoff in accordance with state and county requirements. There are no existing wetlands on the property. Grading will be limited to only that necessary for drainage to the existing stormwater along US Highway 17. In consideration of the concerns raised at the June 8th, 2021 community meeting the plan has been revised to now show traffic flow from Torchwood Blvd. and US Highway 17, Market Street, to Market Street. The proposed drainage now shows a pond to address the citizen's concerns as well. The community meeting was a bit contentious however we feel beneficial to the process and the plan. 1079 CONT AWCE STREET 102D CROW DRIVE GIREENW-LE, NORTH CAROUNA 278W VWILMN ;M, NORTH CAROINA 28M 252.75&9352 910.815.0775 3302C BRIDGES 9WET MOREHEAD CITY, NOMH CAROLM 2BB57 252.247.7479 Board of Commissioners - May 2, 2022 ITEM: 9 - 7 - 8 7491 MARKET ST., WILMINGTON, NC DALLAS HARRIS LAND COMPANY, LLC CONDITIONAL REZONING FROM R-15 TO CB Community Meeting Report One required community meeting was held on Tuesday, June S, 2021 from 5:30 pm to 7:30 pm at the Ogden Park Picnic Shelter #1 in New Hanover County, North Carolina. This meeting was organized by Stroud Engineering, PA to provide adjoining residents an opportunity to review the proposed plan, ask questions, and voice concerns regarding the proposed conditional use rezoning. The residents were notified by mail of the meeting concerning the proposed rezoning. There were at least eight adjoining residents that attended the meeting. Stroud Engineering, PA represented three on the applicant's behalf to address any questions, log the minutes and assist the process. The owner, Dallas Harris and his wife as well as his realtor, two members of the Rockport Homeowners Association and Nicole Smith, the New Hanover County Planner were in attendance as well. A reporting of the attendees is attached. Primary concerns were traffic, drainage and pedestrian safety. The majority of the comments and concerns were from the adjoining Rockport Subdivision residents. General questions (and the answers provided) are included below: Traffic : Traffic was the main concern regarding the proposed commercial use on a rather busy access to Market Street. There are planned driveways on both Torchwood Blvd. and Market Street. There are North Carolina Department of Transportation planned and funded right of way improvements on Market Street that should improve the accessibility and reduce the wait times. There is also an approved development to the west that will provide a connection to Gordon Road which should reduce the amount of traffic desiring to access Market. Another concern noted was the site distance turning off Torchwood Blvd. south bound onto Market St. US Highway 17. The NCDOT project mentioned above will address and improve both of these concerns. There was noted concern that rush hour traffic may queue beyond the proposed driveway into the existing subdivision. Clients traveling South on Market can use the Market Street driveway as opposed to getting blocked by the potential queuing. Board of Commissioners - May 2, 2022 ITEM: 9 - 7 - 9 There was concern of increased accidents and back-ups from a new driveway into the proposed commercial building as Market Street is always backed up. The projects mentioned above will address and improve both of these concerns. Drainage: Concerns were also expressed regarding the drainage in the area. The streets in Rockport have historically flooded as a result of Florence and other significant hurricanes. The NCDOT project on Market Street has significant planned drainage improvements at the Torchwood and Market intersection. The Realtor offered that he had the NCDOT plan for these improvements. Excerpt from the plan showing this intersection is hereby attached. There was suggestion that an issue exists with the culvert under Torchwood. The NCDOT project removes and replaces that existing 30 inch culvert. Safety: The Rockport community is also concerned with their safety due to increased amounts of traffic using Torchwood Blvd from Market St. to access numerous existing and proposed residential neighborhoods. This seems mostly a complaint of existing conditions however the proposed Commercial Site will likely be right in/right out of all driveways therefore not promoting traffic back into Rockport. Various questions: • When will the construction start? • Deed concern • Buffer restrictions./ Trees (Existing and Proposed) • Retention Pond Location • Bypass • Other ideas for alternate traffic outlets? Community Meeting Report by: Stroud Engineering, P.A. 102-D Cinema Dr. Wilmington, NC 28403 Board of Commissioners - May 2, 2022 ITEM: 9 - 7 - 10 "Rive U LOD ann rN r-4rl. e Qg BEER Board of Commissioners ITEM: 9 - 7 J I '23 P o� b ad�nU ,¢g peaewcH�+t missioners - ay , 2022— -- ITEM: 9 - 7 - 12 Concept Plan Board of Commissioners - May 2, 2022 ITEM: 9 - 8 - 1 , N/F TORRES MARIO R. �p CARMEN R. HERNANDEZ DEED BOOK 6260 PG 2421 •' N/Flo, ,' ENGL I SH MOOR AT WEST BAY N/F ESTATES ASSOC. , INC. PH I LL I P G. PAGE 6soo, \ DEED BOOK 6102 PG 1 887 DEED BOOK 6125 PG 1363 'rS6.o , - ,,,``` SITE DATA OAK15 / ' • / / -' ' " '' PIN NUMBER N/F c// � \ \�� ` / � ' / /// , '-' / ,.' ADDRESS .............. 36000 7491MARKE94STR GERALD I NE W. ST I NE ' DEEK BOOK/PAGE .................. • 6152/468 " � / \� '� �'. / .'' �"� .' -' DEED BOOK 5220 PG 2460 O- / �' ,' PLAT BOOK/PAGE••••••..................•••••34/2 �� / \s ` - - - tio / \f ZONING ........................................ R-15 PROPERTY AREA •••••• 50,094 SF /1.15 AC \ \s / DISTUBANCE LIMITS 1.15 AC. PROPOSED USE ............................... CB PROPOSED BUILDINGS ........................ • • 1 1 �. - MAX. BUILDING HEIGHT ......................35 N/F / 9�, '�$ ,"' \ SETBACKS SHR I L WHALEY q �'� / l - 9 .� Q / ,' FRONT ( SHOD ).................................. 75 DEED BOOK 6013 PG 1 703 o.�q� / 0. . ' ' �b ................. urEOAK / BRAppg vim' \�� ,-' 0 • � ,-' SIDE CORNER .............. 20' �o s /�� REAR ............................................. 25 ' _ / 2 /i2 /QQ\' /' ` �� N / F O LUTHERN CHURCH TOTAL BUILDING AREA ............• 2,400 SF sou /� Q o, ��' /" , AT BAYSHORE 912 � Q � N/F ^^ �'4 / /5 ,' ITE LAND USE CODE •••••••• DEED BOOK 6205 PG 898 / �_ NANC I A. BROADWELL �,'�' /��, Q �• / , / BUA uP24 �° . ` ` -, `. BUILDING ............................. 2,400 SF DEED BOOK 6197 PG 1 479 ��O/// �♦ � ,�� i SIDEWALK 640 SF ............................. / g �� P ,/ , 1 /" PARKING & DRIVEWAY 16, 000 SF TOTAL ..................... 199040 SF/.44 AC. ANC DEEC , N/F PARKER INVESTMENTS USA, LLC DEED BOOK 5958 PG 1000 , i i i N/F PARKER INVESTMENTS USA, LLC i DEED BOOK 5958 PG 100 i ' P ' DEEU nUUN oiyu ru iojq PROJECT NO.: PW-1457 DRAWING NO.: W: /MASTER/PW-1457/DALLAS HARR I S SITE PLAN. DGN boarcl OT Commissioners - mav T, TuTT / i O / �, �� , % OF PROPERTY (BUILDINGS) ...... • • • • • 4.7% t5 / '/ ��~ / // �� OF PROPERTY ( TOTAL BUA) • • • • • • • • • • 37.4 % �< PARKING / TOTAL MINIMUM REQUIRED SPACES = 12 TOTAL SPACES SHOWN / PROVIDED = 15 TOTAL HANDICAP PROVIDED = 1 STORMWATER ♦\_ �.� / ''� ,° , _____ AUK NO SURFACE WATERS, WETLANDS, REGULATORY FLOOD ZONES, PROTECTED VEGETATED SETBACKS, prr` OR PROTECTED RIPARIAN BUFFERS EXISTS ON THE SITE STORMWATER CONTROL MEASURES IMPACTED BY SEDIMENTATION AND EROSION CONTROL DURING CONSTRUCTION PHASE SHALL BE CLEANED OUT 25'R / /" �' ,`. Ni/ F AND CONVERTED TO THEIR APPROVED DESIGN STATE. °' / PRIMARY CARE ASSOC., INC. DEED BOOK 6115 PG 590 i i N/F ' PRIMARY CARE TRACT DEED BOOK 6115 PG 590 i 30 15 0 30 60 GRAPHIC SCALE: 1 " = 30' `ttttl ltltlt tt�,' ,��.•�N GARO ',.,�� Q' DES ' l ti9 .� :a SEAL 2p643 - �'Li� . LNG INE;•' �� .` — SS — --- DATE --3-� z/2Z___ N/F DALLAS HARRIS LAND COMPANY, LLC DEED BOOK 6152 PG 468 CITY OF WILMINGTON SHOD AREA R E V I S 1 0 N S C:\Users\ jfent\JHF\STROUDN1PUi.-4579�,fIlEVISED SITE PLAN NO3.dgn --------------------------------------------------------------------------------------------------- Public Comments In Support X Neutral 1 In Opposition 3 Board of Commissioners - May 2, 2022 ITEM: 9 - 10 - 1 Vafier, Ken From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Dave Ohanlon <mvolkmar@nhcgov.com> Sent: Friday, March 25, 2022 8:57 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert Subject: Public Comment on Z22-09: 7491 Market St (4-7-2022) Planning Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Dave Ohanlon Address 8820 Olympic Lane, Wilmington 28411 United States Map It Email Davidoh2333@gmgil..com Projects available for comment. Z22-09: 7491 Market St (4-7-2022) Planning Board What is the nature of your comment? Neutral Public Comment County roads are unsafe. Narrow and dangerous pot holes on edges. Ex Futch creek 1 Board of Commissioners - May 2, 2022 ITEM: 9 - 11 - 1 From: SHIRL WHALEY To: Vafier, Ken Subject: 7491 Market Street case #. Z22-09 Date: Wednesday, April 06, 2022 5:27:24 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Shirl Whaley 7408 Ridgeview Place Wilmington, NC 28411 Dear Mr. Ken Vafier: I'm writing you in regards to the rezoning case 7491 Market Street case # Z22-09. This residential lot should remain as residential. After residing at 7408 Ridgeview over 20 years, I have seen more than my share of flooding issues in this development. Our patio homes are on a slant from market street, We catch water run off from all directions. Your letter states: there will be 20' buffer, trees, runoff Maintance and a retention pond. Yes , it sounds so promising to hear about the 20' berm buffer and trees to reduce noise. (That's all pretty words . Berms will wash away. Will the developer be responsible for rebuilding and maintaining the berm for years to come The runoffs .... It says will be maintained by the city . (They'll maintain the runoff for Market Street , that doesn't pertain to Rockport (for the homeowners). Then there's the Retention pond.. What happens when it overflows like the ones in the back developments. We're really having flooding issues then. Our patio homes and Market Street will be flooded. The one by the Fire Station can barely hold its own now. Please try to see this as a homeowners point of view. Rockport was established to have a nice enterance way. Many homeowners chose this area for that reason as Mr. Harris had designed for his buyers. To change it now for his monetary gain and disrupt all buyers that put trust in him is Appalling. I feel this is putting my home in danger. Should this pass please make note I'll take all Necessary action should my patio home flood. I hope the NHC will start taking care of their people and I thank you for your time. Thank you very much, Homeowner 7408 Ridgeview Place Wilmington Sent from my iPad Board of Commissioners - May 2, 2022 ITEM: 9 - 12 - 1 From: Trent Haywood To: Vafier, Ken Subject: Case #: Z22-09: Public Comment Date: Wednesday, April 06, 2022 10:29:07 AM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Mr. Vafier, Sorry to have to email this comment. The comment web form is currently not functioning correctly. I faxed my comment against Z22-09 earlier this morning but wanted to make sure you received it. Thank you for your consideration in this matter. Sincerely, Trent Haywood Case #: Z22-09 Application Type: Rezoning Applicant: James H Fentress Jr. PE Location: 7491 Market Street Description: Request to rezone 1.15 acres for a commercial business center. Current Zoning: R-15, Vacant Proposed Zoning: CB Comment submitted by: Trent Haywood 7416 Coker Ct. Wilmington, NC 28411 COMMENT ECCRE does not hold the title to this land clearly. They did not pay taxes on it for many years (why? if they did in fact own it) and are now trying to reclaim the property legally by attempting to have homeowners in Rockport (the adjacent subdivision) sign quit claim deeds so they can assume title to the property. ECCRE and Dallas Harris want to get the required number of signed quit claims so they can develop and sell the property AGAIN. (He developed the neighborhood of Rockport in the 1990s and the area in question was set as a buffer zone for the neighborhood of Rockport between the homes on Ridgeview and US 17/Market St — not only to protect the neighborhood from flooding but to increase the salability of the homes.) For this reason alone — the unclear nature of the property title -- the Planning and Land Use Board should not entertain this request until this issue of legal ownership and entitlement is Board of Commissioners - May 2, 2022 ITEM: 9 - 13 - 1 resolved. Mr. Harris and ECCRE seem to think they can do as they wish without following the letter of the law or the NC state tax codes and jump in and out whenever it suits them. I say that the New Hanover County Planning and Land Use Board should let them know that they cannot. Besides the question of ownership, developing this land will worsen an already severe traffic bottleneck in the Bayshore area. This area is prone to extreme flooding during heavy rains and storms. A project such as this would only make it worse. Much worse —for everyone who commutes to work via Torchwood Blvd and/or US 17/Market St. Cars going into and out of the proposed building would pose a clear and present danger to both motorists turning on to US 17/Market as well as traffic in general. The amount of potential accidents is something that cannot be understated, and that merits study before any kind of structure with multiple exits is constructed. Aside from the hazards of snarled traffic, the residents of Rockport and Ridgeview Place especially would face water damage/storm run-off issues on their property and to the common areas of the neighborhood. The current (and quite expensive) system of swales was built and modified over the years to try and accommodate the existing storm run-off landscape/situation. This project would totally alter all of that, and change the way storm water flows from US 17/Market St into the surrounding area. This could necessitate existing ditches and swales be modified and/or new flood areas that are created being drained, putting a huge expense in the lap of the Rockport homeowners. As mentioned previously, Mr. Harris initially planned the area under review for rezoning back in the 90s as a buffer zone to protect the neighborhood of Rockport! Now he wants is back so he can profit off of it — again — and harm the same neighborhood he created — that now has homeowners living in it! In addition, the proposed retention pond is very close to US 17/Market St. It might weaken the dirt underpinning the roadways, which could result in disaster. Has the NC DOT reviewed this project? Surely, they would need to not only survey the land but to have geologists do a study of the local top- and subsoil and bedrock to confirm that undertaking a project like this is safe, considering the heavy traffic the surrounding roads and highways are subject to on a daily basis. For these reasons — an unclear title situation, increased risk of traffic problems and accidents, and potential environmental and flooding issues, the Board should reject this rezoning request. Board of Commissioners - May 2, 2022 ITEM: 9 - 13 - 2 From: Jason Mever To: Vafier, Ken Subject: Rezoning of 7491 Market Street Date: Wednesday, April 06, 2022 11:34:53 AM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Mr. Vafier, This email is concerning 7491 Market Street, the rezoning of West Bay to a commercial site. I am the Vice President of Rockport of West Bay Estates homeowners association. We were informed last night that we could send public comments to you that would be considered if they were received before noon the day before the hearing. However, the form is not working on the website. Our residents want to voice their concerns, but many are still working at the time of the meeting tomorrow. Is it possible for them to email you and have their concerns considered, or is it too late? Or is there a better option? This was just brought to our attention last night, or we would have contacted you as soon as we saw the sign on the lot two weeks ago. We thought our only option was to go to the meeting tomorrow, which is unfortunately not doable for many residents. Many of the issues brought up in the June 2021 meeting at Ogden park were not addressed. Homeowners have extreme concerns about traffic issues, which are reasonable and justifiable. Please feel free to email me or give me a call. 910-617-7873. Thank you, Jason Jason A. Meyer jason.a.meyerl &gmail.com Board of Commissioners - May 2, 2022 ITEM: 9 - 14 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/2/2022 Regular DEPARTMENT: Planning PRESENTER(S): Julian Griffee, Current Planner CONTACT(S): Julian Griffee; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z22-08) - Request by Cindee Wolf, Applicant, on Behalf of New Beginning Christian Church, Inc., Property Owner, to Rezone Approximately 9.60 Acres of Land Located Within the 3100 Block of Blue Clay Road from R-20, Residential District, and (CZD) R-10, Conditional Residential District, to (CZD) R-5, Conditional Residential District fora 68-Unit Attached Housing Development BRIEF SUMMARY: The applicant is proposing to rezone 9.60 acres of a 10.94-acre parcel to (CZD) R-5 to construct a 68-unit attached housing development at a density of 7.08 units per acre. The proposed plan also includes associated parking, a clubhouse and common amenities. The subject site would be required to meet all the Unified Development Ordinance (U DO) requirements for development within the proposed zoning district. The proposed development consists of 17 quadraplex buildings on the parcel, which is bounded to the east by Blue Clay Road, between the Ivywood neighborhood to the north and the Rachel's Place neighborhood to the south. Building heights are proposed at a maximum of two stories. The applicant has submitted architectural designs of the proposed quadraplexes as part of the conceptual plan. The R-20 district in this area was established in 1974. At the time, the purpose of the R-20 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, water and sewer services have become available to the surrounding area; however, the Blue Clay Road corridor remains primarily zoned for low density housing and industrial uses. The purpose of the R-5, Residential District is to provide lands that accommodate moderate to high density single-family detached and single-family attached development. Currently, the site is undeveloped land. The proposed 68-unit development equates to a density of 7.08 units per acre. The R-S district allows up to 8 units per acre by -right. Currently, the site generates zero trips. As currently zoned, it is estimated the site would generate about 26 AM and 34 PM trips during the peak hours if developed at the permitted density. The proposed R-5 development, if developed as affordable units as intended, would increase the estimated number of peak hour trips by approximately 5 AM peak hour and 6 PM peak hour trips. If the proposed R-5 development is constructed as market value units, the increase in the estimated number of peak hour trips is approximately 18 AM peak hour trips and approximately 16 PM peak hour trips. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic I mpact Analysis (TIA). Based on the current general student generation rate, the increase in homes would result in approximately 7 additional students than would be generated under current zoning. The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Board of Commissioners - May 2, 2022 ITEM: 10 Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVI D-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. The proposed R-5 zoning district would allow for an increase in housing diversity and allow for those new residents to utilize existing goods and services within one mile of the subject property. The predominant housing type in the area is single family detached. Under the proposed R-5 district, single family detached would decrease (89% to 86%), and single family attached units would increase (1% to 4%). The subject property is located in the Wrightsboro community area, where 62% of residents currently live within one mile of a support service (urgent care, primary doctor's office, child & adult care, etc.), and 50% live within one mile of a community facility (public park, school, museum etc.). With the proposed number of units, the number of residences within one mile of a support service and community facility would increase (62% to 63%, 50% to 51%). The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of a mix of residential, office, and retail uses at moderate densities. This classification intends for moderate to high densities while also providing a transition between the existing lower density housing and higher intensity employment centers, such as the N. Kerr Industrial Park. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the type of housing diversity that is recommended in the Community Mixed Use place type, the residential densities are in line with those recommended within this place type, and the project will provide additional housing in close proximity to existing and future commercial development serving nearby residents. The Planning Board considered this application at their April 7, 2022 meeting. At the meeting, adjacent property owners spoke in opposition with concerns related to flooding and storm water concerns in the project vicinity, traffic circulation and access, and landscaping and buffering. The Planning Board recommended approval of the petition (6-0) with four conditions: 1. Street trees shall be provided along the boundary with the Rachel's Place Subdivision. 2. The connection to Rachel's Place shall be gated and limited to emergency vehicle access. 3. A fenced buffer shall be provided along the northern property line and fencing shall be incorporated along the southern property line. 4. Existing trees along the drainage ditch to the north shall be retained outside of clearing necessary for storm water conveyance and maintenance. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the type of uses that are appropriate in the Community Mixed Use place type. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options. The proposal also provides a transition between adjacent neighborhoods to the employment center to the east and will provide additional housing in close proximity to existing and future commercial development in the Wrightsboro area. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - May 2, 2022 ITEM: 10 • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Ensure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Based on the recommended uses for the Community Mixed Use places, intent of the R-5 district, and the context and compatibility with the immediate surrounding area, staff recommends approval of the proposal and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in line with those recommended for the property. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options. The proposal also provides a transition between adjacent neighborhoods to the employment center to the east and will provide additional housing in close proximity to existing and future commercial development in the Wrightsboro area. 1. Street trees shall be provided along the boundary with the Rachel's Place Subdivision. 2. The connection to Rachel's Place shall be gated and limited to emergency vehicle access. 3. A fenced buffer shall be provided along the northern property line and fencing shall be incorporated along the southern property line. 4. Existing trees along the drainage ditch to the north shall be retained outside of clearing necessary for storm water conveyance and maintenance. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in line with those recommended for the property, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. ATTACHMENTS: Z22-08 Script BOC Z22-08 Staff Report BOC Z22-08 Zoning Map Z22-08 Future Land Use Z22-08 Neighboring Properties Initial Application Cmer Sheet Z22-08 Application Board of Commissioners - May 2, 2022 ITEM: 10 Concept Plan Coker Sheet Z22-08 Concept Plan Public Comments Coker Sheet In Support Comment In Opposition Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with four conditions as presented by staff. COMMISSIONERS' ACTIONS: Approved 5-0 with 4 conditions, with amendments to condition 3. Board of Commissioners - May 2, 2022 ITEM: 10 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-08) Request by Cindee Wolf, applicant, on behalf of the property owner, New Beginning Christian Church, Inc., to rezone approximately 9.60 acres of land located within the 3100 Block of Blue Clay Road from R-20, Residential District, and CZD R-10, Conditional Residential District to CZD R-5, Conditional Residential District for a 68-unit attached housing development. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to recommend APPROVAL of the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in -line with those recommended for the property. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options. The proposal also provides a transition between adjacent neighborhoods to the employment center to the east and will provide additional housing in close proximity to existing and future commercial development in the Wrightsboro area. Proposed Conditions: 1. Street trees shall be provided along the boundary with the Rachel's Place Subdivision. 2. The connection to Rachel's Place shall be gated and limited to emergency vehicle access. 3. A fenced buffer shall be provided along the northern property line and fencing shall be incorporated along the southern property line. 4. Existing trees along the drainage ditch to the north shall be retained outside of clearing 1 necessary for stormwater conveyance and maintenance. Board of Commissioners - May 2, 2022 Emohm, ITEM: 10- 1 - 1 Example Motion for Denial I move to DENY the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of uses that are appropriate in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the land use will adversely impact the adjacent residential areas. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional R-5 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - May 2, 2022 ITEM: 10- 1 - 2 STAFF REPORT FOR Z22-08 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-08 Request: Rezone 9.60 acres to (CZD) R-5, Conditional Residential District Applicant: Property Owner(s): Cindee Wolf New Beginning Christian Church, Inc. Location: Acreage: 3100 Block of Blue Clay Road 9.60 PID(s): Comp Plan Place Type: R03300-003-002-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Residential Development Current Zoning: Proposed Zoning: R-20, Residential District and (CZD) R-10, (CZD) R-5, Conditional Residential District Conditional Residential District SURROUNDING AREA LAND USE ZONING North Single -Family Residential (Ivywood) R-10 East Undeveloped I-2 South Single -Family Residential (Rachel's Place) (CZD) R-10 West New Beginning Christian Church R-20 Z22-08 Staff Report BOC 5.2.2022 Page 1 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 1 ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area l0A) April 4, 2016 Portion of parcel rezoned to (CZD) R-10 as part of a larger rezoning to allow for the development of a performance residential subdivision. COMMUNITY SERVICES Water/Sewer Water and sewer services are available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Cape Fear Optimist Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-08 Staff Report BOC 5.2.2022 Page 2 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN Proposed Site Plan with Staff Markups • The applicant is proposing to rezone 9.60 acres of a 10.94-acre parcel to (CZD) R-5 to construct a 68-unit attached housing development at a density of 7.08 units per acre. The proposed plan also includes associated parking, a clubhouse and common amenities. • The proposed development consists of 17 quadraplex buildings on the parcel, which is bounded to the east by Blue Clay Road, between the Ivywood neighborhood to the north and the Rachel's Place neighborhood to the south. Building heights are proposed at a maximum of two stories. • The applicant has submitted architectural designs of the proposed quadraplexes as part of the conceptual plan. • The community clubhouse is located in the central portion of the parcel, close to the southern boundary of the parcel along the proposed private drive Covenant Lane. • The west and east areas of the site contain the development's stormwater infiltration basins. • A 30' wide drainage easement is indicated along the north boundary of the project adjacent to property zoned or developed as R-10, Residential Districts. Z22-08 Staff Report BOC 5.2.2022 Page 3 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 3 ZONING CONSIDERATIONS • The R-20 district in this area was established in 1974. At the time, the purpose of the R-20 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, water and sewer services have become available to the surrounding area; however, the Blue Clay Road corridor remains primarily zoned for low density housing and industrial uses. • Rezoning case Z-950 was approved in 2016 and resulted in the subject site being split zoned (CZD) R-10 and R-20. Case Z-950 was a rezoning request to construct a 46-unit performance residential district. The current subject site was intended at the time to contain 16 of these lots, as well as recreation space, and 30 lots were to be located on another portion of the parent tract. • Rezoning case Z-966 approved Covenant I, a 68-unit Senior Housing residential development. Covenant I is located on the site where the original 30 lots for Z-950 were to be constructed. The subject site for Covenant II still contains the (CZD) R-10 zoning tied to case Z-950. • The purpose of the R-5, Residential District is to provide lands that accommodate moderate to high density single-family detached and single-family attached development. • The proposed 68-unit development equates to a density of 7.08 units per acre. The R-5 district allows up to 8 units per acre by -right. • The subject 9.60-acre site is currently part of a parent parcel approximately 1 0.64 acres in area. The residual property is not included with this proposal and will remain zoned R- 20. It is the location of New Beginning Christian Church. • In the description of the project and according to the applicant, the project is intended to provide affordable units at 30, 40, and 50% of Are Median Income (AMI). However, the method of achieving that affordability has not been determined at this point in time. Z22-08 Staff Report BOC 5.2.2022 Page 4 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 4 AREA SUBDIVISIONS UNDER DEVELOPMENT Z22-08 Staff Report BOC 5.2.2022 Page 5 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 5 TRANSPORTATION Site Access //Rosa N drL ` BOG~� �O O V O] `'fir spa C� tea`! w •�Q O'O O) Roil ert( CO 2. �o e We F�ea g�9 o 3 Primary Access y�0 Secondary Access • Access is proposed to be provided to the subject property from Blue Clay Road to the east, which is an NCDOT-maintained minor arterial roadway. Secondary access is provided by way of the New Beginning Christian Church's parking lot to the west, and via a private local road from Rachel's Place. • Initially, a connection was not planned between this proposed development and the Rachel's Place subdivision to the south. A connection is required and is intended to be gated. • The access from Blue Clay Road will be a full -movement access, with the site plan indicating a left and right turn lane from the property to turn onto Blue Clay Road. • The access from the west will be shared with New Beginning Christian Church's parking lot. This access connects the development to Alex Trask Drive. Z22-08 Staff Report BOC 5.2.2022 Page 6 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 6 • As currently zoned, it is estimated the site would generate about 26 AM and 34 PM trips during the peak hours if developed at the permitted density. The proposed R-5 development, if developed as affordable units as intended, would increase the estimated number of peak hour trips by approximately 5 AM peak hour and 6 PM peak hour trips. If the proposed R-5 development is constructed as market value units, the increase in the estimated number of peak hour trips is approximately 18 AM peak hour trips and approximately 16 PM peak hour trips. • 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). Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development 32 Single -Family 26 AM / 34 PM under Current Zoning: Housing Proposed Development: 68 Dwelling Units Affordable Housing (Quadraplex Structures) 31 AM / 40 PM (ITE Code 223): Proposed Development: Dwelling Units Multifamily Housing, Low- ua (Qdraplex Structures) 44 AM / 50 PM Rise (ITE Code 220): • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Average Annual Daily Traffic (AADT) - 2020 Road Location Volume Capacity V/C Blue Clay Road 2900 Block of Blue Clay 5,300 5,429 0.98 Road Z22-08 Staff Report BOC 5.2.2022 Page 7 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 7 Nearby Planned Transportation Improvements and Traffic Impact Analyses Com \ r 1 •A j�♦1• �� ,I{t♦ �� 11 �� 11� 1�b � . ��.� N�111�� wl ��i>IIa��Q��,i%l�Ili::�� i�f► �� ri w � � ��! awl/M� �r ��I�i� �� l �..�■,. •. {'.Al mn�■ r��r►�r �11111��11{/{{I � r �� I1� �11� .,�rrr ■1�;`1111r/rr��I1H11111i � - � jut ;� �11tI11��/�.� ■1/ r�� 1�l►:t r�r.lp txL'.1�,� , �rrrHir` � I w ,�r,�� -`� �,� � • - �1 Nearby NC STIP Projects: • STIP Project U-5863 o Project to widen Castle Hayne Road into multi -lanes from 1-140 to Division Drive. Right -of -Way and Utilities taking place in FY 2025. Nearby Traffic Impact Analyses: • There are no TIAs located within the general vicinity of the proposal. Z22-08 Staff Report BOC 5.2.2022 Page 8 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 8 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Ness Creek watershed. Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitations for septic suitability) and Class III (severe limitations for septic suitability). However, the site is expected to be served by CFPUA when developed. OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • As the site is undeveloped, the parcel does not generate any students. • A typical by -right development of 32 residential units would be expected to generate an additional 7 students. 68 units are proposed under the rezoning request. • Based on the current general student generation rate*, the increase in homes would result in approximately 7 additional students than would be generated under current zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Z22-08 Staff Report BOC 5.2.2022 Page 9 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 9 Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under 32 Residential Approximate** Total: 7 Current Zoning (R-10) Units (3 elementary, 2 middle, 2 high) Proposed (CZD) R-5 Zoning 68 Residential Approximate** Total: 14 Units (6 elementary, 3 middle, 5 high) The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out -of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2021-2022 School Year) Total Projected Capacity of Capacity of Funded or Level NHC School Enrollment of Assigned Assigned Planned Capacity Assignment School School Capacity School w/Portables Upgrades Elementary 95% Wrightsboro 494 564 88% None Middle 108% Holly Shelter 965 934 103% None High 100% New 1,584 1,648 96% None Hanover *Enrollment is based on the New Hanover County Schools enrollment projections for the 2021 -2022 school year. **Capacity calculations were determined based on the projected capacities for the 2021-2022 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey that has been prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. Z22-08 Staff Report BOC 5.2.2022 Page 10 of 17 Board of Commissioners - May 2, 2022 ITEM: 10-2- 10 NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed R-5 zoning district would allow for an increase in housing diversity and allow for those new residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached. Under the proposed R-5 district, single family detached would decrease (89% to 86%), and single family attached units would increase (1 % to 4%). • The subject property is located in the Wrightsboro community area, where 62% of residents currently live within one -mile of a support service (urgent care, primary doctor's office, child & adult care, etc.), and 50% live within one -mile of a community facility (public park, school, museum etc.). • With the proposed number of units, the number of residences within one -mile of a support service and community facility would increase (62% to 63%, 50% to 51 %). Z22-08 Staff Report BOC 5.2.2022 Page 11 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 11 REPRESENTATIVE DEVELOPMENTS Holland Drive Long Leaf Drive Z22-08 Staff Report BOC 5.2.2022 Page 12 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 12 Representative Developments of R-5: Wrightsville Place Leeward Village Z22-08 Staff Report BOC 5.2.2022 Page 13 of 17 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 13 Z22-08 Staff Report BOC 5.2.2022 Page 14 of 17 Context and Compatibility • While the area was zoned for low density housing in the mid 1970’s, the 2016 Comprehensive Plan recommends higher density single family development patterns, and a mixture of uses can be provided via adjacent tracts or when separated by lower traffic local or collector roads. In addition, there have been residential developments approved recently within the general vicinity that are of higher densities than the original R-20 zoning allows. • The subject property is located on a minor arterial road and is in close proximity to the Wrightsboro commercial node. • The property abuts residentially zoned property to the north and south, the New Beginning Christian Church to the west, and the N. Kerr Industrial Park is located across Blue Clay Road to the east. • The proposal is at a density slightly higher than that of the adjacent residential land uses. • The proposed height will be limited to 2 stories, which are typically lower in height than the permitted by-right 40’ maximum allowed within the R-5 district. The proposed architectural standards and pictures have similar appearances of nearby detached single- family houses. 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. Z22-08 Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 14 Z22-08 Staff Report BOC 5.2.2022 Page 15 of 17 Future Land Use Map Place Type Community Mixed Use Place Type Description Promotes development of small-scale, compact, mixed use development patterns. Types of uses encouraged include office, retail, mixed use, recreation, single-family, and multi-family residential. Analysis The subject property is located in the northern portion of the county along a minor arterial road and is in the general vicinity of the Wrightsboro neighborhood commercial node and other commercial services. Residential developments that have been approved nearby include Rachel’s Place, the Covenant I, and Blue Clay Townes, which all have higher densities than allowed within the R-20 district. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of a mix of residential, office, and retail uses at moderate densities. This classification intends for moderate to high densities while also providing a transition between the existing lower density housing and higher intensity employment centers, such as the N. Kerr Industrial Park. The site is located between two existing single-family developments on the north and south, abuts an existing religious institution to the west, and across Blue Clay Road from industrially-zoned properties to the east. These areas are classified as General Residential and Employment Center within the Future Land Use Map. As such, the proposal could serve as an appropriate infill and transitional development between those two land use classifications. In addition, the project is in line with the preferred density range of the Community Mixed Use place type, promotes the mixture of uses recommended within the Community Mixed Use place type, and supports the Comprehensive Plan’s goal to provide for a range of housing types and opportunities for households of different sizes and income. Consistency Recommendation The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the type of housing diversity that is recommended in the Community Mixed Use place type, the residential densities are in-line with those recommended within this place type, and the project will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 15 Z22-08 Staff Report BOC 5.2.2022 Page 16 of 17 PLANNING BOARD MEETING The Planning Board considered this application at their April 7, 2022 meeting. At the meeting, adjacent property owners spoke in opposition with concerns related to flooding and stormwater concerns in the project vicinity, traffic circulation and access, and landscaping and buffering. The Planning Board recommended approval of the petition (6-0). The Board recommended the following conditions: Proposed conditions: 1. Street trees shall be provided along the boundary with the Rachel's Place Subdivision. 2. The connection to Rachel's Place shall be gated and limited to emergency vehicle access. 3. A fenced bugger shall be provided along the northern property line and fencing shall be incorporated along the southern property line. 4. Existing trees along the drainage ditch to the north shall be retained outside of clearing necessary for stormwater conveyance and maintenance. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in-line with those recommended for the property. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options. The proposal also provides a transition between adjacent neighborhoods to the employment center to the east and will provide additional housing in close proximity to existing and future commercial development in the Wrightsboro area. Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 16 Z22-08 Staff Report BOC 5.2.2022 Page 17 of 17 STAFF RECOMMENDATION The Wrightsboro area of the county is positioned for future growth given the approved development at the intersection of Castle Hayne Road and N. Kerr Avenue, approved projects within the nearby N. Kerr Industrial Park, and anticipated development within the future Blue Clay Road Business Park. Because this proposal is in line with the Comprehensive Plan recommendations for this area and is similar in form and density to other projects located between the N. Kerr Industrial Park and existing neighborhoods, staff concurs with the Planning Board’s recommendation of this application and suggests the following motion with the applicant’s proposed conditions: I move to recommend APPROVAL of the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in-line with those recommended for the property. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options. The proposal also provides a transition between adjacent neighborhoods to the employment center to the east and will provide additional housing in close proximity to existing and future commercial development in the Wrightsboro area. Proposed conditions: 1. Street trees shall be provided along the boundary with the Rachel's Place Subdivision. 2. The connection to Rachel's Place shall be gated and limited to emergency vehicle access. 3. A fenced buffer shall be provided along the northern property line and fencing shall be incorporated along the southern property line. 4. Existing trees along the drainage ditch to the north shall be retained outside of clearing necessary for stormwater conveyance and maintenance. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in-line with those recommended for the property, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Board of Commissioners - May 2, 2022 ITEM: 10- 2 - 17 H o l l a n d D r Ha l l W a t t e r s D r Cal a d a n R d Orville Wright Way BlueClay Rd New BeginningDr BlueBonnetCir Kitty Hawk Rd Sandy Ln Teresa Dr Arlene Dr Long Leaf Dr Pennington Dr B - 1 R-15 CZ D R - 1 0 I-2 PD R -2 0 R-10 CZD R-5 New Hanover County, NCSHODIncorporated Areas Indicates Conditional Zoning District (CZD) See Section 5.7 of the UDOCOD B-1 AC R-5 EDZD CB I-1 R-7 PD B-2 I-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ O&I R-20S Zoning Districts CZD R-5R-20 & CZD R-103100 Block of Blue Clay Road Z22-08 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 1,000500 Feet Case Site Board of Commissioners - May 2, 2022 ITEM: 10- 3 - 1 H o l l a n d D r Orville Wright Way Blu e C l a y R d New BeginningDr BlueBonnetCir Kitty Hawk Rd Teresa Dr Arlene Dr Long Leaf Dr P e n n i n gton Dr Community Mixed Use General Residential Employment Center New Hanover County, NCCONSERVATION RURAL RESIDENTIAL COMMUNITY MIXED USE URBAN MIXED USE GENERAL RESIDENTIAL EMPLOYMENT CENTER COMMERCE ZONE Place Types CZD R-5R-20 & CZD R-103100 Block of Blue Clay Road Z22-08 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 1,000500 Feet Case Site Board of Commissioners - May 2, 2022 ITEM: 10- 4 - 1 New Hanover County, NCNeighboring Parcels CZD R-5R-20 & CZD R-103100 Block of Blue Clay Road Z22-08 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 825412.5 Feet Case Site Board of Commissioners - May 2, 2022 ITEM: 10- 5 - 1 Initial Application Documents & Materials Board of Commissioners - May 2, 2022 ITEM: 10- 6 - 1 Page 1 of 6 Conditional Zoning District Application – Updated 05-2021 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Cindee Wolf Design Solutions Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz P.O. Box 7221 New Beginning Christian Church, Inc. 910-341-7984 (Pastor Rob Campbell) nbcc@new bcc.com 3120 Alex Trask Drive Castle Hayne, NC 28429 Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 1 Page 2 of 6 Conditional Zoning District Application – Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 3100 Block of Blue Clay Road Community Mixed-UseR-20 & CZD R-10 CZD R-5 10.94 ac. 322020.91.7300 / R03300-003-002-000 The proposed project is a sixty-eight (68) units attached housing development. There are seventeen (17) quadraplex structures, along with associated parking areas, a clubhouse and common amenties. Reference attached plan for preliminary site layout and conditons. An exhibit of the proposed architectural style is also included. 9.60 ac. Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 2 Page 3 of 6 Conditional Zoning District Application – Updated 05-2021 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1.How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. Affordable Housing (223) / 68 total Units per dwelling unit 33 39 The policies for growth and development encourage safe and affordable housing to be available to every citizen. Sustainability of the County depends on sensible in-fill and maximizing use of lands already accessible to urban services. The proposed development will provide for an alternative housing product in this area of the County. Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 3 Page 4 of 6 Conditional Zoning District Application – Updated 05-2021 2.How would the requested Conditional Zoning district be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. 3.What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The tract is identified in the Comprehensive Land Use Plan as a "Community Mixed-Use" place-type. The plan suggests higher densities. The proposed project is an acceptable transition use along the busy Blue Clay Road corridor, with the railroad / industrial uses to the East and single-family neighbor- hoods to the South & West. The typical large-lot homes of the past were necessary due to the need for adequate land to support wells and septic systems. Now public utilities are available. A denser housing product makes in-fill possible with better affordability. Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 4 Page 5 of 6 Conditional Zoning District Application – Updated 05-2021 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial This application form, completed and signed Application fee: x $600 for 5 acres or less x $700 for more than 5 acres x $300 in addition to base fee for applications requiring TRC review Community meeting written summary Traffic impact analysis (if applicable) Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads x Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. x Proposed transportation and parking improvements; including proposed rights-of-way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. x All existing and proposed easements, required setbacks, rights-of-way, and buffers. x The location of Special Flood Hazard Areas. x A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. x Approximate location and type of stormwater management facilities intended to serve the site. x Approximate location of regulated wetlands. x Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. One (1) digital PDF copy of ALL documents AND plans CAW CAW CAW CAW CAW N/A CAW CAW Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 5 Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 6 Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 7 Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 8 Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 9 Legal Description for CZD Rezoning The Covenant Family Residential Community Beginning at a point located along the western boundary of Blue Clay Road, a 60’ public right‐of‐way; said point being the southeast corner of Section One, Ivy Wood at Runnymeade, a subdivision recorded among the land records of the New Hanover County Registry in Map Book 29, at Page 64; and running thence from the point of beginning with the Blue Clay Road right‐of‐way, South 12021’59” West, 332.88 feet to a point; thence leaving the right‐of‐way, North 64044’03” West, 1263.45 feet to a point; thence, North 34039’10” East, 380.50 feet to a point; thence, South 62008’51” East, 1128.23 feet to the point and place of beginning, containing 9.60 acres, more or less. Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 10 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: 3100 Block of Blue Clay Road Proposed Zoning: R-20 & CZD R-10 to CZD R-5 The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on February 9, 2022 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Monday, February 21st, 6:00 p.m.; at the New Beginnings Christian Church, 3120 Alex Trask Dr., Castle Hayne. The persons in attendance at the meeting were: Reference attached sign-in list The following issues were discussed at the meeting: Attendees from Rachels Place asked about the status of connection to the stub street from Blue Bonnet Circle. It was explained that both that roadway & the proposed drive for the subject project are privately maintained. Connection would be beneficial to inter-connectivity, but cannot be mandatory. Adjacent property owners asked that screening plantings be installed along the common boundary. As a result of the meeting, the following changes were made to the petition: None Date: February 28, 2022 Applicant: Design Solutions By: Cindee Wolf Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 11 Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 12 Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 13 Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 14 Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 15 ADJACENT PROPERTY OWNERS WITHIN 500' PERIMETER OF 2940 BLUE CLAY ROAD SUBJECT PROPERTY OWNER: NEW BEGINNING CHRISTIAN CHURCH INC 3120 ALEX TRASK DR CASTLE HAYNE, NC 28429 2940 BLUE CLAY RD CASTLE HAYNE OWNER ADDRESS CITY / STATE / ZIP PROPERTY ADDRESS 113 GREENVILLE AVENUE LLC PO BOX 1787 PITTSBORO, NC 27312 3212 GALWAY RD CASTLE HAYNE ALLERS ELIZABETH ANN 3205 GALWAY RD CASTLE HAYNE, NC 28429 3205 GALWAY RD CASTLE HAYNE BARON COLIN ETAL 2166 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2166 BLUE BONNET CIR CASTLE HAYNE BENTON ROSS H 3200 GALWAY RD CASTLE HAYNE, NC 28429 3200 GALWAY RD CASTLE HAYNE BISSON PATRICK D JR 919 TANGLEWOOD LN N LIBERTY LAKE, WA 99019 3217 GALWAY RD CASTLE HAYNE BOSTIC BUILDING CORP 6622 GORDON RD WILMINGTON, NC 28411 1313 ROOSTER CT CASTLE HAYNE BOYETTE MOSLEY III CHARLYNE 2136 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2136 BLUE BONNET CIR CASTLE HAYNE BRADLEY MICHAEL ANTHONY 3209 GALWAY RD CASTLE HAYNE, NC 28429 3209 GALWAY RD CASTLE HAYNE BRAY RAYMOND E JR 3213 GALWAY RD CASTLE HAYNE, NC 28429 3213 GALWAY RD CASTLE HAYNE BRINSON PROPERTY HOLDINGS LLC 3108 KITTY HAWK RD WILMINGTON, NC 28405 3108 KITTY HAWK RD WILMINGTON BUCHNER MARK R DIANE M 1264 BIG FIELD DR CASTLE HAYNE, NC 28429 1264 BIG FIELD DR CASTLE HAYNE BURNS RONALD BRAFFORD 134 WINDEMERE RD WILMINGTON, NC 28405 3209 WHITEWOOD WAY CASTLE HAYNE BYRD CELESTE W 2128 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2128 BLUE BONNET CIR CASTLE HAYNE CAPE FEAR PUBLIC UTILITY AUTH 235 GOVERNMENT CENTER DR WILMINGTON, NC 28403 CAPPS STEPHEN R VIRGINIA L 1438 SCOTT RD ROCKY POINT, NC 28457 3205 WOOLWITCH CT S CASTLE HAYNE CAPPS STEPHEN VIRGINIA 1439 SCOTT RD ROCKY POINT, NC 28457 3209 WOOLWITCH CT S CASTLE HAYNE CARVER COLLIN F ET UX 2048 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2048 BLUE BONNET CIR CASTLE HAYNE CLOYD SHELBY HEWETT 3208 GALWAY RD CASTLE HAYNE, NC 28429 3208 GALWAY RD CASTLE HAYNE CLYMER ANDREW W JENNIFER A 2154 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2154 BLUE BONNET CIR CASTLE HAYNE CUOMO DAVID P 3220 GALWAY RD CASTLE HAYNE, NC 28429 3220 GALWAY RD CASTLE HAYNE CYRUS MORGAN E 2108 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2108 BLUE BONNET CIR CASTLE HAYNE DAVIDSON THOMAS P PATRICIA L 2158 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2158 BLUE BONNET CIR CASTLE HAYNE DICKENSON STEPHEN J CAROLINE 2150 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2150 BLUE BONNET CIR CASTLE HAYNE DILLON JAMES A PATRICIA L 609 LATTICE CT CASTLE HAYNE, NC 28429 609 LATTICE CT CASTLE HAYNE DJOSEY EDWARD KRISTIINA TRUSTEES 138 WHITMAN AVE WILMINGTON, NC 28429 3202 WOOLWITCH CT S CASTLE HAYNE DOWNS FRANCES I ETAL 2162 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2162 BLUE BONNET CIR CASTLE HAYNE ELDERS ADAM G 1309 ROOSTER CT CASTLE HAYNE, NC 28429 1309 ROOSTER CT CASTLE HAYNE FAISON JAMES H III ANGELA W 907 POTOMAC DR WILMINGTON, NC 28411 3204 GALWAY RD CASTLE HAYNE FANN RONALD V JUDY L 2115 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2115 BLUE BONNET CIR CASTLE HAYNE FINN DAMIEN PAULA 2119 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2119 BLUE BONNET CIR CASTLE HAYNE FUSCO DENISE 1268 BIG FIELD DR CASTLE HAYNE, NC 28429 1268 BIG FIELD DR CASTLE HAYNE GALLAGHER SCOTT D JAYNE 2132 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2132 BLUE BONNET CIR CASTLE HAYNE GLOVER ADAM S ETAL 3202 SKY CT CASTLE HAYNE, NC 28429 3202 SKY CT CASTLE HAYNE GRACE INVESTMENTS OF WILM LLC 340 WILD RICE WAY WILMINGTON, NC 28412 3201 SKY CT CASTLE HAYNE GRIFFIN FREDRICK M MARTHA A 1245 BIG FIELD DR CASTLE HAYNE, NC 28429 1245 BIG FIELD DR CASTLE HAYNE HARRIS CHRISTOPHER N 3205 SKY CT CASTLE HAYNE, NC 28429 3205 SKY CT CASTLE HAYNE HARTLEY CONNOR 2123 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2123 BLUE BONNET CIR CASTLE HAYNE HARTS CODY W SARA G 1241 BIG FIELD DR CASTLE HAYNE, NC 28429 1241 BIG FIELD DR CASTLE HAYNE JINOL SALVADOR KEELY 2052 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2052 BLUE BONNET CIR CASTLE HAYNE KEIFER STACY J 3210 WOOLWITCH CT S CASTLE HAYNE, NC 28429 3210 WOOLWITCH CT S CASTLE HAYNE KELLY RYAN ETAL 2139 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2139 BLUE BONNET CIR CASTLE HAYNE KLUTZ DONNA M 2301 SHIRLEY RD WILMINGTON, NC 28405 3201 WOOLWITCH CT S CASTLE HAYNE LEE REBECCA J ETAL 1276 BIG FIELD DR CASTLE HAYNE, NC 28429 1276 BIG FIELD DR CASTLE HAYNE LEGWIN DAVID PAMELA 3206 WOOLWITCH CT S CASTLE HAYNE, NC 28429 3206 WOOLWITCH CT S CASTLE HAYNE LEWIS JAMES KENNETH CATHY HILL 3200 WOOLWITCH CT S CASTLE HAYNE, NC 28429 3200 WOOLWITCH CT S CASTLE HAYNE LONG CHRISTIAN J ETAL 2044 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2044 BLUE BONNET CIR CASTLE HAYNE LORENZEN MARCI 2120 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2120 BLUE BONNET CIR CASTLE HAYNE MACPHERSON BRITTLYNN R 1265 BIG FIELD DR CASTLE HAYNE, NC 28429 1265 BIG FIELD DR CASTLE HAYNE MARTIN CHRIS ALLEN 3216 ALEX TRASK DR CASTLE HAYNE, NC 28429 3216 ALEX TRASK DR CASTLE HAYNE MASCO NICOLE C 2109 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2109 BLUE BONNET CIR CASTLE HAYNE MCCAULEY PATRICK J 2135 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2135 BLUE BONNET CIR CASTLE HAYNE MCLEOD BERNARD F III ELAINE P 6513 WAKEFALLS DR WAKE FOREST, NC 27587 1272 BIG FIELD DR CASTLE HAYNE MILLER CATHY LYNN 3217 WOOLWITCH CT S CASTLE HAYNE, NC 28429 3217 WOOLWITCH CT S CASTLE HAYNE MILLER MADELYN E 606 LATTICE CT CASTLE HAYNE, NC 28429 606 LATTICE CT CASTLE HAYNE NEW BEGINNING CHRISTIAN CHURCH 401 7TH ST S WILMINGTON, NC 28401 3120 ALEX TRASK DR CASTLE HAYNE NEW BEGINNING CHRISTIAN CHURCH INC 3120 ALEX TRASK DR CASTLE HAYNE, NC 28429 ROBERT CAMPBELL LOOP RD CASTLE HAYNE NEWKIRK DORELL MCKENZIE 2043 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2043 BLUE BONNET CIR CASTLE HAYNE NICHOLS FRANCIS T 607 LATTICE CT CASTLE HAYNE, NC 28429 607 LATTICE CT CASTLE HAYNE NOBLES SHERWOOD MILDRED 3200 ALEX TRASK DR CASTLE HAYNE, NC 28429 3200 ALEX TRASK DR CASTLE HAYNE NORTON TABITHA 3201 GALWAY RD CASTLE HAYNE, NC 28429 3201 GALWAY RD CASTLE HAYNE OKEEFE KATHLEEN 611 LATTICE CT CASTLE HAYNE, NC 28429 611 LATTICE CT CASTLE HAYNE PERRY SUSAN E 2146 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2146 BLUE BONNET CIR CASTLE HAYNE PHILLIPS DEBRA 3210 SKY CT CASTLE HAYNE, NC 28429 3210 SKY CT CASTLE HAYNE Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 16 POPLIN JOHN L VICKY A 3207 WHITEWOOD WAY S CASTLE HAYNE, NC 28429 3207 WHITEWOOD WAY CASTLE HAYNE PRIVETTE JACOB A 520 WHITE POINT LN TAYLORSVILLE, NC 28681 3201 WHITEWOOD WAY CASTLE HAYNE RACHELS PLACE LLC 6622 GORDON RD WILMINGTON, NC 28411 CASTLE HAYNE RACHELS PLACE LLC 6622 GORDON RD WILMINGTON, NC 28411 BLUE BONNET CIR CASTLE HAYNE RIFFLE GREGORY ETAL 3206 SKY CT CASTLE HAYNE, NC 28429 3206 SKY CT CASTLE HAYNE ROBINSON RYNEE D 2165 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2165 BLUE BONNET CIR CASTLE HAYNE RUDOLPH LARRY M KRISTI 3210 WHITEWOOD WAY CASTLE HAYNE, NC 28429 3210 WHITEWOOD WAY CASTLE HAYNE RUSSELL CHRISTINA W 2131 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2131 BLUE BONNET CIR CASTLE HAYNE SCOTT GARY L 3216 GALWAY RD CASTLE HAYNE, NC 28429 3216 GALWAY RD CASTLE HAYNE SHREVES CHARLES L II BRENNA 2149 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2149 BLUE BONNET CIR CASTLE HAYNE SIMMONS TROY M ETAL 2116 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2116 BLUE BONNET CIR CASTLE HAYNE SKOLASKI MARK R JENNIFER J 3216 WHITE WOOD WAY CASTLE HAYNE, NC 28429 3216 WHITEWOOD WAY CASTLE HAYNE SMITH RICHARD K 3200 SKY CT CASTLE HAYNE, NC 28429 3200 SKY CT CASTLE HAYNE SMITH TERRY L JR 3209 SKY CT CASTLE HAYNE, NC 28429 3209 SKY CT CASTLE HAYNE SOPER ERICA A 2142 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2142 BLUE BONNET CIR CASTLE HAYNE STEVENS HILLARY P D ERIC M 1257 BIG FIELD DR CASTLE HAYNE, NC 28429 1257 BIG FIELD DR CASTLE HAYNE STRICKLAND GAIL W 3218 WOOLWITCH CT S CASTLE HAYNE, NC 28429 3218 WOOLWITCH CT S CASTLE HAYNE SUITS DANIEL CRAIG SUSAN C 3213 WOOLWITCH CT S CASTLE HAYNE, NC 28429 3213 WOOLWITCH CT S CASTLE HAYNE TARR WILLIAM W PATRICIA R 1249 BIG FIELD DR CASTLE HAYNE, NC 28429 1249 BIG FIELD DR CASTLE HAYNE TAYLOR JANELLE A ET VIR 3218 WHITE WOOD WAY CASTLE HAYNE, NC 28429 3218 WHITEWOOD WAY CASTLE HAYNE TENNANT LINDA R 3206 WHITEWOOD WAY CASTLE HAYNE, NC 28429 3206 WHITEWOOD WAY CASTLE HAYNE THOMPSON ASHLEY E 3214 WOOLWITCH CT S CASTLE HAYNE, NC 28429 3214 WOOLWITCH CT S CASTLE HAYNE THOMPSON CONNIE K ETAL 3202 WHITEWOOD WAY CASTLE HAYNE, NC 28429 3202 WHITEWOOD WAY CASTLE HAYNE THOMPSON ERNEST LOTOYA BATTLE 2161 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2161 BLUE BONNET CIR CASTLE HAYNE THOMPSON JEROD LEE JESSICA L 3220 ALEX TRASK DR CASTLE HAYNE, NC 28429 3220 ALEX TRASK DR CASTLE HAYNE THOMPSON PATRICIA S 1237 BIG FIELD DR CASTLE HAYNE, NC 28429 1237 BIG FIELD DR CASTLE HAYNE THORNE KELLY A MICHAEL B 1261 BIG FIELD DR CASTLE HAYNE, NC 28429 1261 BIG FIELD DR CASTLE HAYNE TRASCO INC 6336 OLEANDER DR STE 1 WILMINGTON, NC 28403 3001 KITTY HAWK RD CASTLE HAYNE VASCONEZ ALEXIS N 2127 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2127 BLUE BONNET CIR CASTLE HAYNE WATSON BRIAN K ETAL 2124 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2124 BLUE BONNET CIR CASTLE HAYNE WILLIAMS ANTHONY 3200 WHITEWOOD WAY CASTLE HAYNE, NC 28429 3200 WHITEWOOD WAY CASTLE HAYNE WILSON BRANDON M ERICA C 2176 BLUE BONNET CIR CASTLE HAYNE, NC 28429 2176 BLUE BONNET CIR CASTLE HAYNE WOODCOCK JOSEPH FPO BOX 10335 DES MOINES, IA 50306 3205 WHITEWOOD WAY CASTLE HAYNE WORRELL KATRYN H 608 LATTICE CT CASTLE HAYNE, NC 28429 608 LATTICE CT CASTLE HAYNE ZACHRICH ANDREW ETAL 1253 BIG FIELD DR CASTLE HAYNE, NC 28429 1253 BIG FIELD DR CASTLE HAYNE ZELL WILLIAM G JENNIFER L 3212 ALEX TRASK DR CASTLE HAYNE, NC 28429 3212 ALEX TRASK DR CASTLE HAYNE ZINN BARON V 610 LATTICE CT CASTLE HAYNE, NC 28429 610 LATTICE CT CASTLE HAYNE Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 17 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Notice of an Information Meeting February 9, 2022 To: Adjacent Property Owners From: Cindee Wolf Re: The Covenant ‐ Family Community A Performance Residential Townhome Development The New Beginnings Church is working towards the final stage of their community development project. The Senior Community phase, along Holland Drive, is ready to start construction soon. The lands along Blue Clay Road are now also planned for townhomes. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. An exhibit of the project layout is enclosed. The buildings each have four (4) units of attached / single‐family homes. There is a mix of 1‐ and 2‐story roof heights. The County requires that the developer notify the property owners within a 500’ adjacency to the project and hold a meeting for any and all interested parties. This is intended to provide neighbors with an opportunity for explanation of the proposal, and for questions to be answered concerning project improvements, benefits, and impacts. A meeting will be held on Monday, February 21st, 6:00 p.m., at the New Beginning Christian Church, 3120 Alex Trask Dr., Castle Hayne. If you cannot attend, you are also welcome to contact me at telephone # 910‐620‐2374, or email cwolf@lobodemar.biz with comments and/or questions. Another alternative will be to join the meeting via this ZOOM link: https://us06web.zoom.us/j/85142954108 A report of the meeting, and any other contact, is included along with the rezoning application. Prior to this project being reviewed by the Planning Board & Commissioners, you will receive subsequent notices of the agendas directly from the County. Those meetings provide public hearings for comment on any issues pertinent to approval of the proposal. We appreciate your interest and look forward to being a good neighbor and an asset to the community. Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 18 Board of Commissioners - May 2, 2022 ITEM: 10- 7 - 19 Concept Plan Board of Commissioners - May 2, 2022 ITEM: 10- 8 - 1 Board of Commissioners - May 2, 2022 ITEM: 10- 9 - 1 Public Comments In Support 1 Neutral X In Opposition 2 Board of Commissioners - May 2, 2022 ITEM: 10- 10 - 1 From: May, Katherine Sent: Tuesday, April 19, 2022 11:45 AM To: Griffee, Julian Subject: FW: Public Comment on Z22-08: 3100 Block of Blue Clay Rd (5-2-2022) Board of Commissioners Katherine May Planning Coordinator New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7443 p | (910) 798-7053 f kmay@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Melissa Sutton-Seng Sent: Thursday, April 14, 2022 11:41 AM To: May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com> Subject: Public Comment on Z22-08: 3100 Block of Blue Clay Rd (5-2-2022) Board of Commissioners ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Melissa Sutton-Seng Address 601 Morningside Dr WILMINGTON, NC 28401 United States Map It Email Seng.MelissaS@gmail.com Projects available for comment. Z22-08: 3100 Block of Blue Clay Rd (5-2-2022) Board of Commissioners What is the nature of your comment? Support project Public Comment Our current housing crisis calls for creative solutions, and the church is working for the good of the community with this development. I not only hope this project moves forward, I hope to see many more like it. Board of Commissioners - May 2, 2022 ITEM: 10- 11 - 1 From: Roth, Rebekah Sent: Thursday, March 31, 2022 8:59 AM To: Griffee, Julian Subject: FW: Public Comment on Z22-08: 3100 Block of Blue Clay Rd (4-7-2022) Planning Board Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p | (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of MARY LANGSTON Sent: Thursday, March 31, 2022 8:47 AM To: May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com> Subject: Public Comment on Z22-08: 3100 Block of Blue Clay Rd (4-7-2022) Planning Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name MARY LANGSTON Address 205 OLD MILL RD CASTLE HAYNE, NORTH CAROLINA 28429 United States Map It Email maryl425@gmail.com Projects available for comment. Z22-08: 3100 Block of Blue Clay Rd (4-7-2022) Planning Board What is the nature of your comment? Oppose project Public Comment This proposed project is unsatisfactory. The traffic in that area is already bottlenecked off a 2 lane road. These proposed attached "homes" do not fit along side the $300,000 homes next door. There's already a proposed "affordable senior housing" right there too. How will the traffic flow? What about flood issues? Where's the drainage? Where's the greenspace and trees? Is the owner's intent to build up as much as possible on every piece of land? This area will with YOUR approval, will become low grade and substandard. I oppose to this project on Blue Clay Road next to Rachel's Place. Board of Commissioners - May 2, 2022 ITEM: 10- 12 - 1 From: Scott Gallagher <scottdgallagher@icloud.com> Sent: Tuesday, April 12, 2022 10:05 AM To: Griffee, Julian Subject: New Beginnings Church Property (abutting Rachel's Place & Ivywoods) Castle Hayne ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear Mr. Griffee, At the NHC Planning Board meeting on 4/7/2022, Pastor Robert Campbell was adamant that the Church area is well maintained. I took some photos and beg to differ. Please see attached photos of the Church property. There is even a person and or persons living in the parking lot behind the church. For past few months there was one vehicle but now there are several as well as a tent that has been erected. To my knowledge there are no portable restrooms therefore one would assume that elimination is taking place out of doors. Also there are rejected playground materials and garbage present. I hope that these matters are addressed before the proposed project moves forward. I am actually surprised and disheartened that this matter wasn't tabled until some of the questions brought up on 4/7/22 are answered in a public forum. Thank you, Scott Gallagher residing at Rachel's Place. Board of Commissioners - May 2, 2022 ITEM: 10- 12 - 2 Board of Commissioners - May 2, 2022 ITEM: 10- 12 - 3 Board of Commissioners - May 2, 2022 ITEM: 10- 12 - 4 Board of Commissioners - May 2, 2022 ITEM: 10- 12 - 5 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 5/2/2022 Regular D E PA R T M E N T: Planning P R E S E N T E R (S ): Amy Doss, C urrent Planner C O N TA C T (S ): Amy D oss; Rebekah Roth, P lanning & L a nd U se D irecto r S U B J EC T: P ublic Hearing Rezoning Request (Z 22-05) – Request by C indee Wolf with Design S olu6 ons, A pplic ant, on B ehalf of Har-S te I nv estments, L LC , P roperty Owner, to Rezone A pproximately 7.32 A cres of L and L oc ated N ear the 300 B loc k of Edgewater C lub Road from R-20, Residen6 al District, to (C Z D) R-7, Residen6al Distric t for a 44-U nit ABached Housing Development B R I E F S U M M A RY: T he applicant is pro posing to rezone approxima tely 7.32 acres f ro m R -20 to (C Z D ) R -7 in order to develo p 44 single- family 2 1/2-story a0ached townho mes under the county's perf o rmance residen3al standards at a density o f 6 dwelling units per acre. T he R -20 distric t in this area was established in 1971. At the 3me, the purpose of the R -20 district was to provide f o r low density residen3al use. W hen the R -20 distric t was first a pplied to this a rea in the 1970s, many ho mes in the rural uninco rporated areas of the county u3lized private well and sep3c . Water and sewer are no w ava ilable in the area, and the applicant is propo sing connec 3o ns to the C F P UA for water a nd sewer. T he R -7, Residen3al D istrict was established to pro vide lands that acco mmo date moderate density residen3al develo pment with a range of housing types that are located in walkable distances to jo bs and servic es a nd, where appropriate, serve as a transi3o n between more intensive and lo wer density areas. T he subjec t site is currently vacant. I f develo ped under R -20, the site wo uld permit up to 14 dwelling units. I f develo ped at the maximum permi0ed density allowed under the R -7 district, 44 single-family 2 1/2-story a0ached townho mes co uld be co nstructed. A typical development under current zoning wo uld generate approximately 13 peak hour trips. T he net change f ro m the es3mated trips generated at peak hour under exis3ng zoning to the es3ma ted number of trips generated from the maximum density allowed in the R -7 district at peak hour is 12 more trips. T he es3mated tra ffic generated from the site is under the 100 peak hour threshold that triggers the o rdinance requirement for a Traffic I mpact Analysis (T I A). B ased o n a historic genera3on rate, staff would es3mate that the increase in dwelling units would result in appro ximately 7 addi3o na l students more tha n if developed under the current zoning. However, o ne o f the pro posed condi3ons would limit the project to age restric ted ho using for individuals aged 55 and above, which would result in no new addi3onal students. T he site is surrounded by undevelo ped R -20 to the north, R -20 to the ea st a nd west, and to the so uth is Po rters N eck E lementary School and is appropriate f o r lo w-density residen3a l development. Required setbacks and fenced buff ers will provide mi3ga3o n for the surrounding adjacent pro perty o wners. O ne o f the go als of the N ew H ano ver C o unty Strategic Plan for 2018-2023 is to encourage the development o f Board of Commissioners - May 2, 2022 ITEM: 11 complete communi3es in the uninc o rpora ted co unty by increasing housing diversity and a c c ess to basic goods and services. T he pro posed R -7 zo ning distric t wo uld allow for a n increase in ho using diversity and allow for tho se new residents to u3lize exis3ng goods and services within o ne mile of the subject pro perty. T he predominant housing type in the area is single family detached. U nder the propo sed R -7 district, single family detached wo uld decrease (80% to 79%), and single family a0ached units wo uld increase (6% to 7%). T he subject pro perty is lo cated in the Porters N eck community area, where 68% of residents c urrently live within one-mile o f a support service (urgent care, primary doctor ’s o ffice, child & adult care, etc.), and 60% live within one-mile o f a community facility (public park, school, museum etc .). W ith the pro posed number of units, the number o f residences within one mile o f a support service wo uld increase (68% to 69%) whereas the percentage of residences within o ne mile of a co mmunity f acility wo uld remain at 60%. T he 2016 C omprehensive Plan classifies the subjec t parcel as General Residen3al and indicates low-density residen3al (including the type o f a0ached townho mes that are propo sed) as appro priate fo r this place type. T he pro posed R -7 zo ning is generally C O N S I S T E N T with the 2016 C o mprehensive Plan because it will pro vide lo w-density residen3al ho using as a transi3on between the elementary scho o l and the a dja cent residen3al areas. T he Planning B oa rd co nsidered this applica3on a t their April 7, 2022 mee3ng. At the mee3ng, adjacent pro perty owners and community members spoke in opposi3o n with c o ncerns related to flooding and traffi c in the project vicinity. T he Planning B oard recommended approva l o f the pe33o n (5-1) with three co ndi3o ns: 1. T he project will be age-restricted based on state and federal Fa ir Housing requirements for projects f o r individuals aged 55 and above. 2. An addi3o nal sidewalk will be provided between the pro ject a nd Porter's N eck E lementary School. 3. T he sto rmwater management system will be designed f o r a 100-year storm event. T he Pla nning B oard found the applica3on to be C O N S I S T E N T with the purpo ses and intent of the C omprehensive Plan because it will allow fo r the type of residen3al uses that a re a ppro priate in the General Residen3al place type. T he Planning B o ard also fo und recommending A P P R OVA L of the rezo ning request is reasonable and in the public interest because the proposed district will provide a transi3on between low density residen3al uses to the east and west and current lo wer intensity development that ma y transi3on in the future to the north. S T R AT EGI C P L A N A L I G N M E N T: I ntelligent G row th & Economic D evelopment Encourage development of complete communi3 es in the unincorpor ated county Ens ure N H C has appropriate hous ing to s uppor t bus ines s growth R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : T he propo sed (C Z D ) R -7 rezoning is a low-density residen3al development that wo uld pro vide a n orderly transi3on between the elementary scho o l and the adjacent residen3al areas. T he concept plan as submi0ed refl ects compa3bility with the adjacent residen3al develo pments and standards are in place f o r buffers and traffi c analysis at technical review before develo pment can o ccur. As a result, staff recommends approv al of the pro posal and suggests the following mo3on with the applicant's proposed c o ndi3o ns: I mo ve to reco mmend A P P R OVA L of the pro posed rezo ning. I find it to be C O N S I S T E N T with the Board of Commissioners - May 2, 2022 ITEM: 11 purposes and intent of the C omprehensive Pla n beca use it will allow f o r the types of residen3al uses enco uraged in the General Residen3al pla c e type. I also fi nd A P P R OV A L of the rezoning request is reasonable and in the public interest beca use the pro posed district will pro vide a transi3o n between low density residen3al uses to the east and west and current lo wer intensity development that may transi3o n in the future to the north. Pro posed co ndi3o ns: 1. T he project will be age-restricted based on sta te a nd f ederal Fair Housing requirements for pro jects f o r individuals aged 55 and above. 2. An addi3onal sidewalk will be provided between the project and Po rters N eck E lementary Scho o l. 3. T he storm water management system will be designed for a 100-year sto rm event. A lterna6 ve M o6on for Denial I move to reco mmend D E N I A L of the pro posed rezo ning. W hile I find it to be C O N S I S T E N T with the purposes and intent of the C omprehensive Plan because it will allow for the types o f residen3al uses encouraged in the General Residen3al place type, I find D E N I A L of the rezoning request is reaso nable and in the public interest beca use the land use will adversely impact the adjacent residen3a l areas. AT TA C H M E N T S : Descrip3on Z22-05 BOC Script Z22-05 BOC Staff Report Z22-05 Zoning Z22-05 Future Land Use Map Neighboring Properties Initial Application Cover Sheet Z22-05 Application Submittal Concept Plan Cover Sheet Z22-05 Concept Plan Public Comments Cover Sheet Z22-05 Public Comment Support Z22-05 Public Comment Neutral Z22-05 Public Comment Opposition C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval with three conditions as presented by staff. C O M M I S S I O N E R S ' A C T I O N S : Approved with 3 conditions 3-2, Commissioners R ivenbark and Z apple dissenting. Board of Commissioners - May 2, 2022 ITEM: 11 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-05) Public Hearing Rezoning Request (Z22-05) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Har-Ste Investments, LLC, property owner, to rezone approximately 7.32 acres of land located near the 300 block of Edgewater Club Road from R-20, Residential District, to (CZD) R-7, Residential District for a 44-unit attached housing development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition 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 it will allow for the types of residential uses encouraged in the General Residential place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district will provide a transition between low density residential uses to the east and west and current lower intensity development that may transition in the future to the north. Proposed Conditions: 1. The project will be age-restricted based on state and federal Fair Housing requirements for projects for individuals aged 55 and above. 2. An additional sidewalk will be provided between the project and Porter's Neck Elementary School. 3. The storm water management system will be designed for a 100 -year storm event. Board of Commissioners - May 2, 2022 ITEM: 11- 1 - 1 Example Motion for Denial I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of residential uses encouraged in the General Residential place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the land use will adversely impact the adjacent residential areas. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional (CZD) R-7, Conditional Residential district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find recommending [Approve/Deny] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Board of Commissioners - May 2, 2022 ITEM: 11- 1 - 2 Z22-05 Staff Report BOC 5.2.2022 Page 1 of 17 STAFF REPORT FOR Z22-05 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-05 Request: Rezoning to a (CZD) R-7, Residential to develop 44 townhomes Applicant: Property Owner(s): Cindee Wolf, Design Solutions Har-Ste Investments, L.L.C. Location: Acreage: 300 block of Edgewater Club Road 7.32 acres PID(s): Comp Plan Place Type: R03700-004-441-000 General Residential Existing Land Use: Proposed Land Use: Undeveloped 44 Single Family Attached Townhomes Current Zoning: Proposed Zoning: R-20, Residential (CZD) R-7, Residential Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 1 Z22-05 Staff Report BOC 5.2.2022 Page 2 of 17 SURROUNDING AREA LAND USE ZONING North Undeveloped R-20 East Single-Family Residential R-20 South Single-Family Residential, Institutional R-20 West Single-Family Residential R-20 ZONING HISTORY July 6, 1971 Initially zoned R-20 COMMUNITY SERVICES Water/Sewer Water and sewer services are available through CFPUA. Specific design will be determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Pages Creek, Ogden Park, Smith Creek Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources. Archaeological No known archaeological resources. Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 2 Z22-05 Staff Report BOC 5.2.2022 Page 3 of 17 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to rezone approximately 7.32 acres from R-20 to (CZD) R-7 in order to develop 44 single-family 2 ½-story attached townhomes under the County’s performance residential standards at a density of 6 dwelling units per acre. • The applicant has indicated that the subject property will be subdivided into 44 lots, and the area outside of the lots will be dedicated common area in which a Homeowners Association will assume responsibility for maintenance of the open space, pool amenity, and other common areas within the development. • The units will be located in rows of 4 with a maximum of 2 ½ stories including a first level garage, ranging in size from approximately 2,400-2,800 square feet. Some changes to building configuration are possible. • Owners will have garage space for 1-2 vehicles plus a parking pad to allow for 2 additional vehicles. Guest parking illustrated at this time is conceptual, the specific number of guest parking spaces will be determined during the TRC approval process. All proposed parking will be required to meet Ordinance requirements. • The applicant’s proposed conceptual plan includes a fenced buffer yard on all sides, which meets the ordinance requirements. • The conceptual plan complies with the County’s standards for a Major Site Plan, including zoning dimensional standards. Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 3 Z22-05 Staff Report BOC 5.2.2022 Page 4 of 17 ZONING CONSIDERATIONS • The R-20 district in this area was established in 1971. At the time, the purpose of the R-20 district was to provide for low density residential use. There was no water and sewer available and no stormwater standards were in place at the time. • When the R-20 district was first applied to this area in the 1970s, many homes in the rural unincorporated areas of the County utilized private well and septic. Water and sewer are now available in the area, and the applicant is proposing connections to the CFPUA for water and sewer. • As currently zoned, the site would permit up to 14 dwelling units at a density of 1.9 du/ac. • The R-7, Residential district was established to provide lands that accommodate moderate density residential development with a range of housing types that are located in walkable distances to jobs and services and, where appropriate, serve as a transition between more intensive and lower density areas. • The site and surrounding land are zoned R-20, much of which has been developed for residential purposes. The adjacent property to the north zoned R-20 is currently undeveloped and to the south is an elementary school. • Although no lots will face an adjacent owner’s backyard, street lighting will be required near adjacent neighbors. Maximum Illumination Levels are required to be 0.05 foot-candles at lot lines adjacent to single family detached or vacant R-20 parcels. The County’s UDO requires a 10’ fenced vegetated buffer around the development. • The applicant has provided elevations depicting the intended design of the single-family townhomes as part of the application package. The sample renderings provided by the applicant are intended to be representative but are not conditioned. • 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. Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 4 Z22-05 Staff Report BOC 5.2.2022 Page 5 of 17 AREA SUBDIVISIONS UNDER DEVELOPMENT Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 5 Z22-05 Staff Report BOC 5.2.2022 Page 6 of 17 TRANSPORTATION • The applicant has proposed two full access driveways to the subject property, one from Edgewater Club Road and one from Waterstone Drive, both classified as local by NCDOT. • As currently zoned, it is estimated the site would generate about 13 trips during the peak hours if developed at the permitted density. The proposed R-7 development would increase the estimated number of peak hour trips by approximately 12 trips. • 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). Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 6 Z22-05 Staff Report BOC 5.2.2022 Page 7 of 17 • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Edgewater Club Road 300 block 6,100 10,979 0.55 • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the Level of Service (LOS) in vehicle delay per second at two notable intersections in the area, the roundabout at Porters Neck Road/Edgewater Club Road/Shiraz Way and the intersection of Market Street and Porters Neck, as reported in TIA19-04 Porters Neck – The Oaks at Murray Farms. • The roundabout at Porters Neck Road/Edgewater Club Road/Shiraz Way was anticipated to function at LOS A with a typical 9/10 delay in seconds when the Oaks at Murray Farm project was built. • The intersection of Market Street and Porters Neck was anticipated to function at LOD D with a typical 45/49 delay in seconds when the Oaks at Murray Farm project was built. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: 14 Single-Family Dwellings 10 AM / 13 PM Proposed Development: 44 Single-family attached townhomes 21 AM / 25 PM Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 7 Z22-05 Staff Report BOC 5.2.2022 Page 8 of 17 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 8 Z22-05 Staff Report BOC 5.2.2022 Page 9 of 17 Proposed Development Land Use/Intensity* TIA Status 1. The Oaks at Murray Farm • 204 Apartments • 34 Duplex Units • 62 Single-Family Dwellings • Approved December 6, 2019 • Full Build 2023 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a second westbound right-turn lane on “Old” Market Street at Hwy 17 • Revising signal plan to modify phase at the Hwy 17 and “Old” Market Street intersection. Nearby Proposed Developments included within the TIA: • Waterstone Development Status: No construction has occurred at this time. *The TIA analyzed 406 dwelling units on the subject site. Shown are the 300 units approved by the Board of Commissioners. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Pages Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class l (suitable/slight limitation), and Class III (severe limitation) soils; however, the site is expected to be served by CFPUA when developed. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Porter’s Neck Elementary School, Holly Shelter Middle School, and Laney High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 14 dwelling units would be permitted under the current R-20 zoning base density, and 44 units could potentially be developed under the proposed zoning for an increase of 30 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 7 additional students than would be generated under current zoning. However, one of the proposed conditions would limit the project to age restricted housing for individuals aged 55 and above, which would result in no new additional students. Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 9 Z22-05 Staff Report BOC 5.2.2022 Page 10 of 17 • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 14 residential units Approximate** Total: 3 (1 elementary, 1 middle, 1 high) Proposed Zoning 44 residential units Approximate** Total: 10 (4 elementary, 2 middle, 4 high) *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students atte nding out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2021-2022 School Year) Level Total NHC Capacity School Projected Enrollment of Assignment School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 95% Porters Neck 473 552 86% None Middle 108% Holly Shelter 965 934 103% None High 100% Laney 2125 2013 106% None *Enrollment is based on the New Hanover County Schools enrollment projections for the 2021 -2022 school year. **Capacity calculations were determined based on the projected capacities for the 2021 -2022 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 10 Z22-05 Staff Report BOC 5.2.2022 Page 11 of 17 • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. New Hanover County Strategic Plan • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed R-7 zoning district would allow for an increase in housing diversity and allow for those new residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached. Under the proposed R-7 district, single family detached would decrease (80% to 79%), and single family attached units would increase (6% to 7%). • The subject property is located in the Porters Neck community area, where 68% of residents currently live within one-mile of a support service (urgent care, primary doctor’s office, child & adult care, etc.), and 60% live within one-mile of a community facility (public park, school, museum etc.). • With the proposed number of units, the number of residences within one-mile of a support service would increase (68% to 69%) whereas the percentage of residences within one-mile of a community facility would remain at 60%. Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 11 Z22-05 Staff Report BOC 5.2.2022 Page 12 of 17 REPRESENTATIVE DEVELOPMENTS Representative Developments of R-20: Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 12 Z22-05 Staff Report BOC 5.2.2022 Page 13 of 17 Representative Developments of R-7: Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 13 Z22-05 Staff Report BOC 5.2.2022 Page 14 of 17 Context and Compatibility • The property is located off of Edgewater Club Rd, a NCDOT classified local road that connects to Porters Neck and Market Street. Two driveway entrances provide access to Edgewater Club Road and Waterstone Drive. • The site is one of few undeveloped tracts located adjacent to a single-family residential neighborhood, single family homes, and across the street from an elementary school. The development is designed like a traditional attached single-family neighborhood with parking pads and one- or two-car garages. • The proposed attached homes will be 1 ½ stories above a garage (for a maximum height of 2 ½ stories) and are restricted to the maximum 40-foot height as required by the County’s UDO. • A 10’ fenced buffer yard is required by the UDO and shown on the plan; however, the applicant has not provided information on the timing of the fence installation prior to construction. • Maximum Illumination Levels are required to be 0.05 foot-candles at lot lines adjacent to single family detached or vacant R-20 parcels. The project is designed to where no lots face into an adjacent property owner’s backyard; however, street lighting will be in close proximity to adjoining property owners’ backyards. The UDO does not prescribe limitations on the height, wattage, bulb-type, or fixture type. These design features may need additional consideration to ensure compatibility. • The development would have minimal impact on the school system. Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 14 Z22-05 Staff Report BOC 5.2.2022 Page 15 of 17 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 General Residential Place Type Description Focuses on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low-density multi-family, residential, light commercial, civic, and recreational. Analysis The subject property is located east of Edgewater Road and north of Waterstone Drive, between the Waterstone neighborhood to the west, single family residential to the east, and an elementary school to the south. The Comprehensive Plan classifies the subject parcel as General Residential and indicates low-density residential (including the type of attached townhomes that are proposed) as appropriate for this place type. This project is designed to serve as an appropriate transition between the school and adjacent R-20 Residential district. The overall project density of 6 dwelling units per acre for the proposed R-7 development is within the preferred density range for the General Residential place type (0-6 units per acre). The proposed townhome product clusters dwelling units together, providing open space for the community and increased land efficiency. Moderate density residential development in this location will provide residents with walkability to adjacent neighborhoods and serve as a transition between the school and less dense residential development. The Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 15 Z22-05 Staff Report BOC 5.2.2022 Page 16 of 17 height limits for the proposed townhome structures are in-line with the single- family homes in the existing development. The application of the proposed zoning district supports the intent of the General Residential place type and is appropriate for this parcel given the surrounding land use and housing density. Consistency Recommendation The proposed rezoning from R-20 to (CZD) R-7 is generally CONSISTENT with the Comprehensive Plan because the project’s density is in line with the density recommendations for General Residential areas and with the county’s goals of providing for efficient land use. PLANNING BOARD ACTION The Planning Board considered this application at their April 7, 2022 meeting. At the meeting, several members of the public voiced concerns regarding flooding and traffic in the vicinity of the project. The Board recommend APPROVAL (5-1) of the proposed rezoning to a R-7 district with three conditions. 1. The project will be age-restricted based on state and federal Fair Housing requirements for projects for individuals aged 55 and above. 2. An additional sidewalk will be provided between the project and Porter's Neck Elementary School. 3. The storm water management system will be designed for a 100-year storm event. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it would allow for the types of residential uses encouraged in the General Residential place type. The Planning Board found that recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district will provide a transition between low density residential uses to the east and west and current lower intensity development that may transition in the future to the north. Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 16 Z22-05 Staff Report BOC 5.2.2022 Page 17 of 17 STAFF RECOMMENDATION The proposed (CZD) R-7 rezoning is a low-density residential development that would provide an orderly transition between the elementary school and the adjacent residential areas. The concept plan as submitted reflects compatibility with the adjacent residential developments and standards are in place for buffers and traffic analysis at technical review before development can occur. 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 it will allow for the types of residential uses encouraged in the General Residential place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district will provide a transition between low density residential uses to the east and west and current lower intensity development that may transition in the future to the north. Proposed conditions: 1. The project will be age-restricted based on state and federal Fair Housing requirements for projects for individuals aged 55 and above. 2. An additional sidewalk will be provided between the project and Porter's Neck Elementary School. 3. The storm water management system will be designed for a 100-year storm event. 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 it will allow for the types of residential uses encouraged in the General Residential place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the land use will adversely impact the adjacent residential areas. Board of Commissioners - May 2, 2022 ITEM: 11- 2 - 17 Board of Commissioners - May 2, 2022 ITEM: 11- 3 - 1 Board of Commissioners - May 2, 2022 ITEM: 11- 4 - 1 Board of Commissioners - May 2, 2022 ITEM: 11- 5 - 1 Initial Application Documents & Materials Board of Commissioners - May 2, 2022 ITEM: 11- 6 - 1 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 1 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 2 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 3 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 4 Page 1 of 6 Conditional Zoning District Application – Updated 05-2021 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Cindee Wolf Design Solutions Wilmington, NC 28406 Wilmington, NC 28405 910-620-2374 cwolf@lobodemar.biz P.O. Box 7221 Har-Ste Investments, L.L.C. 2922 Orville Wright Way, Suite 110 910-794-8699 (Contact: Dean Hardison) dean@hardisonbuilding.com Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 5 Page 2 of 6 Conditional Zoning District Application – Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 300 Block of Edgewater Club Road 316908.98.7284 / R03700-004-441-000 7.32 Ac.+/- R-20 7.32 Ac.+/- General Residential (CZD) R-7 Reference attached site plan and exhibits for the proposed site layout & architectural style. The proposal is to develop forty-four (44) single-familly, attached, 2- story, townhomes with a pool amenity, along with associated roads, driveway parking pads, and stormwater management. Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 6 Page 3 of 6 Conditional Zoning District Application – Updated 05-2021 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1.How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. Residential Condo / Townhouse (230) 44 dwelling units 19 23 Policies for growth and development encourage safe and affordable housing to be available to every citizen. Townhome communities such as this one are in demand due to lifestyle preferences, affordability factors and proximity to services. Rezoning to allow this housing product and density on the subjest tract would be consistent with the concept of sensible in-fill where public services are already existing. Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 7 Page 4 of 6 Conditional Zoning District Application – Updated 05-2021 2.How would the requested Conditional Zoning district be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. 3.What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The entire Porters Neck community has undergone extensive changes over the past several years, with a variety of housing developments, a new elementary school, and extensive commercial services at the Market Street intersection. Although the R-20 zoning district may still be appropriate for the areas within special flood hazard areas, the reduced allowable density is counterproductive to fostering a prosporous and thriving economy. The proposed change form R-20 to R-7 - but as a Conditonal District, maintains the residential character of the area, but simply with an alternative housing style. The Comprehensive Plan identifies the Porters Neck area as a "General Residential" place-type. It is intended for opportunities to provide additional housing to the community in the form of single-family or lower-density, attached home styles. The "ideal" development intensity is shown as being from 1-6 units per acre. The proposed plan does maximize the performance density in an R-7 district, but by clustering the units in buildings of four (4) homes, it allows for a large common area centralized within the community. Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 8 Page 5 of 6 Conditional Zoning District Application – Updated 05-2021 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial  This application form, completed and signed  Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review  Community meeting written summary  Traffic impact analysis (if applicable)  Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning  Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads • 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 propo sed 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  One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan.  One (1) digital PDF copy of ALL documents AND plans CAW CAW CAW CAW N/A CAW CAW CAW Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 9 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 10 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 11 Legal Description for Conditional Zoning at 300 Edgewater Club Road Beginning at a point in the southwestern boundary of Edgewater Club Road, a 60’ public right‐ of‐way; said point being located North 19036’25” West, 383.08 feet from its intersection with the northern boundary of the southern loop of Waterstone Drive, a 50’ public right‐of‐way; and running thence: South 70023’35” West, 205.00 feet to a point; thence South 19036’25” East, 318.55 feet to a point; thence South 46033’07” West, 318.89 feet to a point; thence South 67030’18” West, 265.07 feet to a point; thence North 67059’35” West, 269.41 feet to a point; thence North 07006’24” West, 251.49 feet to a point; thence North 62037’21” East, 713.25 feet to a point; thence North 70023’35” East, 202.10 feet to a point in the Edgewater Club Road right‐of‐way; thence with that right‐of‐way, South 19036’25” East, 60.00 feet to the point and place of beginning, containing 7.32 acres, more or less. The described boundary is shown on a plat recorded among the land records of the New Hanover County Registry, in Map Book 69, at Page 95. Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 12 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: 300 Edgewater Club Road Proposed Zoning: R-20 to (CZD) R-5 The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on December 27, 2021 . A copy of that written notice and site layout exhibit that was included in the mailing are also attached. Subsequently, several interested parties requested remote access to the meeting. A ZOOM event was created & the link emailed to anyone that asked. The meeting was held at the following time and place: Wednesday, January 19th, 6:00 p.m.; at the Waterstone Clubhouse, 843 Waterstone Drive. The persons in attendance at the meeting were: Reference attached sign-in list The following issues were discussed at the meeting: A brief introduction of the project was given, along with explanation of conditional zoning districts. The proposed units are intended to be up-scale townhomes, primarily marketed toward 55+, but not actually age-restricted. The footprints allow the master being on the ground floor, along with a 2-car garage. They will be two-story with another two rooms, and possibly heated space over the garage on the second floor. The design will include an optional elevator. Primary issues discussed included the obvious - traffic & stormwater. The difference in traffic between single-family homes, as zoned, and the additional units - as townhomes, translate by traffic trip generation standards at roughly only 8 more trips in the A.M. peak & 9 more trips in the P.M. peak … what is fairly negligible to the current Edgewater & Porters Neck traffic volume, albeit cumulative when considering future development. Additionally, existing Waterstone residents were concerned that the current clubhouse & pool amenity was not large enough as it was, and didn’t want to add another group with rights to use the same facilities. As a result of the meeting, the following changes were made to the petition: The proposal has been revised to request an R-7 district with 44 units, for a maximum density of six (6) units per acre, and an amenity dedicated solely for the subject community . Date: January 3, 2022 Applicant: Design Solutions By: Cindee Wolf Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 13 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 14 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 15 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 16 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 17 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 18 1 cwolf@lobodemar.biz From:Jim Spicuzza <jimspicuzza@yahoo.com> Sent:Wednesday, January 19, 2022 11:53 AM To:Cindee Wolf Cc:dhayes@nhcgov.com; rzapple@nhcgov.com; joboseman@nhcgov.com; Jonathan Barfield; brivenbark@nhcgov.com Subject:Waterstone proposed townhome rezoning - Community meeting Hi Cindee, I hope this finds you doing well. I own the house at 102 Edgewater Club Road which directly adjoins the Waterstone community closest to the round-a-bout at Porters Neck Road and Edgewater Club Drive. I have no issue with the developers building out the community by right. I do, however, take issue with rezoning the property for higher density in order to accommodate proposed townhomes. There are flooding issues on Edgewater Club Road and run-off issues relating to Futch and Pages Creek that we are all aware of. Having lived at the headwaters of Futch Creek for more than a decade and having lived through the closing of the creek in order to contain the vast runoff of fecal microbial pollution, more than 20 years ago, nothing positive can happen by purposefully increasing density and water runoff for these already strained ground surfaces. The current R-20 zoning allows for larger yards, better drainage, and less hardscape for parking than the now proposed 50 or more townhomes would require. This proposed higher density would also result in far more vehicle traffic at the roundabout and a diminished sense of community for Waterstone's single family homeowners, some of whom paid over a million dollars to live in what the Waterstone developers had told them would be a single family home community. Not once have the developers asked to meet to discuss their development plans and how it would impact my property. In fact, we woke one morning to find tractors encroaching onto the property and removing trees well onto our land. Later, a fence was erected around our property to enclose it from the rest of the community. While we appreciate the buffering fence (especially if proposed townhomes may possibly be approved) we had no issue with the way it was before this development came along. The developer's history of desiring higher density rezoning for this parcel has remained evident for many years. First (in 2016) it was apartment complexes and now the camel is trying to get its head under the tent again...only for the opportunity for presumably even more townhomes. I am aware that numerous families that purchased single family homes at Waterstone (for as much as $1M+) specifically asked the onsite sales representative if rezoning for higher density was ever a possibility again...and they were told "NO". I expect these folks will present themselves at any preliminary or rezoning meeting to express their (real) grievances of being harmed by the developer's own sales representations, required disclosures and being financially damaged (by diminished value), should this project ever be approved. At a time when the market supports million-dollar homes in an old Porters Neck farm field, I am shocked that the developers thought the process of adding high density townhomes to an expensive single-family development would be an acceptable approach. No consideration was given to previous Waterstone home buyers and the rest of the Porters Neck Country Club, Edgewater Club Drive and Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 19 2 Figure 8 Island communities. By the way, where is the traffic study that supports these proposed townhome units? It's already a nightmare for anyone trying to get out of our driveway. In summation, I will always support a developer's right to build out a community by right. In this case, by right means R-20 single family homes. I will not support higher density apartments or townhomes for all the reasons I have listed above. Kind Regards, Jim Spicuzza 910.443.4283 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 20 1 cwolf@lobodemar.biz From:cwolf@lobodemar.biz Sent:Thursday, January 20, 2022 8:55 AM To:'Vince Wright' Subject:RE: Community Meeting Attachments:Waterstone Color Exhibit.pdf Mr. Wright, There was quite a crowd. Primary issues discussed included the obvious ‐ traffic & stormwater. The difference in traffic between single‐family homes – as zoned, & the additional units ‐ as townhomes, translate by traffic trip generation standards at roughly only 8 more trips in the A.M. peak & 9 more trips in the P.M. peak … what is fairly negligible to the current Edgewater & Porters Neck traffic volume, albeit cumulative when considering future development. The proposed units are intended to be up‐scale townhomes, primarily marketed toward 55+, but not actually age‐ restricted. The footprints allow the master being on the ground floor, along with a 2‐car garage. They will be two‐story with another two rooms, and possibly heated space over the garage on the second floor. The design will include an optional elevator. Also, the developers initially intended for this development to be a sub‐community of Waterstone – ie. party to the amenity. However, I believe if they move forward, the development will probably stand on its own & have a separate amenity within the community. The opposition was extensive. The developers will be meeting and decide how they want to proceed – or not. If the project gets submitted – with the next deadline being February 1st – the Planning Board would hold a public hearing on March 3rd & final hearing for approval or denial would be at the April 4th Board of Commissioners. The County advertises and sends out additional notices of those hearings. The process bumps month to month dependent on the submittal timing. Please do not hesitate to reach out again if you have questions. Thank you. Cindee Wolf Tel. 910‐620‐2374 From: Vince Wright <vincewright.cpi@gmail.com> Sent: Wednesday, January 19, 2022 7:40 PM To: CWolf <cwolf@lobodemar.biz> Subject: Re: Community Meeting Thank you for trying. VW Get Outlook for iOS From: CWolf <cwolf@lobodemar.biz> Sent: Wednesday, January 19, 2022 6:42:18 PM To: Vince Wright <vincewright.cpi@gmail.com> Subject: Re: Community Meeting I’m sorry but after it started I was not able to access the invite option Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 21 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 22 ADJACENT PROPERTY OWNERS WITHIN 500' PERIMETER ANGE DAVID S 836 WATERSTONE DR WILMINGTON, NC 28411 836 WATERSTONE DR WILMINGTON BENTON KAREN H MICHAEL T 827 WATERSTONE DR WILMINGTON, NC 28411 827 WATERSTONE DR WILMINGTON BRADLEY LUZZETTA G 217 EDGEWATER CLUB RD WILMINGTON, NC 28405 217 EDGEWATER CLUB RD WILMINGTON BRICE JOHN R IV 1005 CRANFORD DR WILMINGTON, NC 28411 1005 CRANFORD DR WILMINGTON CASLER CORRINE TRUSTEE 1017 CRANFORD DR WILMINGTON, NC 28411 1017 CRANFORD DR WILMINGTON DALE ELEANOR B JEFFREY L 1013 CRANFORD DR WILMINGTON, NC 28411 1013 CRANFORD DR WILMINGTON FOLLAND PATRICK J ERICA L 309 EDGEWATER CLUB RD WILMINGTON, NC 28411 305 EDGEWATER CLUB RD WILMINGTON FOLLAND PATRICK J ERICA L 309 EDGEWATER CLUB RD WILMINGTON, NC 28411 309 EDGEWATER CLUB RD WILMINGTON HARDISON BUILDING INC PO BOX 809 WRIGHTSVILLE BEACH, NC 28480 760 WATERSTONE DR WILMINGTON HARDISON BUILDING INC PO BOX 809 WRIGHTSVILLE BEACH, NC 28480 8217 MOSS BRIDGE CT WILMINGTON HARDISON BUILDING INC PO BOX 809 WRIGHTSVILLE BEACH, NC 28480 8205 MOSS BRIDGE CT WILMINGTON HARDISON BUILDING INC PO BOX 809 WRIGHTSVILLE BEACH, NC 28480 8221 MOSS BRIDGE CT WILMINGTON HARDISON BUILDING INC PO BOX 809 WRIGHTSVILLE BEACH, NC 28480 8209 MOSS BRIDGE CT WILMINGTON HARRIS MIKE A III NIKI 8220 MOSS BRIDGE CT WILMINGTON, NC 28411 8220 MOSS BRIDGE CT WILMINGTON HAR‐STE INVESTMENTS LLC 7123 GRAY GABLES LN WILMINGTON, NC 28403 HAWKINS JEFFERY L MARY H 1021 CRANFORD DR WILMINGTON, NC 28411 1021 CRANFORD DR WILMINGTON JOHNSON IVEY LEWIS SR 221 EDGEWATER CLUB RD WILMINGTON, NC 28405 221 EDGEWATER CLUB RD WILMINGTON KORTEMEYER JAY L ARLENE E MANY 316 GRAYHAWK CIR WILMINGTON, NC 28411 316 GRAYHAWK CIR WILMINGTON LEONG BRYAN M SARAH 1025 CRANFORD DR WILMINGTON, NC 28411 1025 CRANFORD DR WILMINGTON LICURSI ROBERT KAREN TRUSTEES 304 GRAYHAWK CIR WILMINGTON, NC 28411 304 GRAYHAWK CIR WILMINGTON LLOYD ROBERT P ETAL 8201 SAGE VALLEY DR WILMINGTON, NC 28411 8201 SAGE VALLEY DR WILMINGTON LYONS MARY JANE MARK D 8212 MOSS BRIDGE CT WILMINGTON, NC 28411 8212 MOSS BRIDGE CT WILMINGTON MARACON LLC PO BOX 1528 WRIGHTSVILLE BEACH, NC 28480 823 WATERSTONE DR WILMINGTON MAUS WILLIAM C III SHANNON C 308 GRAYHAWK CIR WILMINGTON, NC 28411 308 GRAYHAWK CIR WILMINGTON MCCLAMMY FARMS LLC PO BOX 1047 WRIGHTSVILLE BEACH, NC 28480 840 WATERSTONE DR WILMINGTON MCCLAMMY FARMS LLC 265 RACINE DR STE 104 WILMINGTON, NC 28403 WILMINGTON MCCLAMMY FARMS LLC 265 RACINE DR STE 104 WILMINGTON, NC 28403 843 WATERSTONE DR WILMINGTON MCCLAMMY FARMS LLC 265 RACINE DR STE 104 WILMINGTON, NC 28403 1039 CRANFORD DR WILMINGTON MCCLAMMY FARMS LLC 265 RACINE DR STE 104 WILMINGTON, NC 28403 859 WATERSTONE DR WILMINGTON MCCLAMMY FARMS LLC PO BOX 1047 WRIGHTSVILLE BEACH, NC 28480 808 WATERSTONE DR WILMINGTON MCCLAMMY FARMS LLC PO BOX 1047 WRIGHTSVILLE BEACH, NC 28480 8136 GRAND HARBOUR CT WILMINGTON MCCLAMMY FARMS LLC PO BOX 1047 WRIGHTSVILLE BEACH, NC 28480 804 WATERSTONE DR WILMINGTON MCCLAMMY FARMS LLC 265 RACINE DR STE 104 WILMINGTON, NC 28403 756 WATERSTONE DR WILMINGTON MCCLAMMY FARMS LLC PO BOX 1047 WRIGHTSVILLE BEACH, NC 28480 8133 GRAND HARBOUR CT WILMINGTON MCCLAMMY FARMS LLC PO BOX 1047 WRIGHTSVILLE BEACH, NC 28480 745 WATERSTONE DR WILMINGTON MCCLAMMY FARMS LLC 265 RACINE DR STE 104 WILMINGTON, NC 28403 202 EDGEWATER CLUB RD WILMINGTON MCCLAMMY FREDDIE JR 226 EDGEWATER CLUB RD WILMINGTON, NC 28405 226 EDGEWATER CLUB RD WILMINGTON MCCLAMMY FREDDIE JR MARY PUGH 226 EDGEWATER CLUB RD WILMINGTON, NC 28411 MICHAEL CHRISTIAN HOMES LLC 2922 ORVILLE WRIGHT WAY #110 WILMINGTON, NC 28405 1004 CRANFORD DR WILMINGTON MICHAEL CHRISTIAN HOMES LLC 2922 ORVILLE WRIGHT WAY #110 WILMINGTON, NC 28405 749 WATERSTONE DR WILMINGTON MILLER WILLIAM B ANNE G 312 GRAYHAWK CIR WILMINGTON, NC 28411 312 GRAYHAWK CIR WILMINGTON NEAL EDWIN M ANDREA R 8208 MOSS BRIDGE CT WILMINGTON, NC 28411 8208 MOSS BRIDGE CT WILMINGTON NHCO BD OF EDUCATION 6410 CAROLINA BEACH RD WILMINGTON, NC 28412 416 EDGEWATER CLUB RD WILMINGTON ONEIL GORDON L LIVING TRUST 8795 LOW POND DR WARRENTON, VA 20187 321 EDGEWATER CLUB RD WILMINGTON RAYNOR MARIE V 4918 SHELLEY DR WILMINGTON, NC 28405 310 EDGEWATER CLUB RD WILMINGTON RUFFIN MICHAEL D JOYCE M 405 EDGEWATER CLUB RD WILMINGTON, NC 28405 405 EDGEWATER CLUB RD WILMINGTON SCHLIPP MICHAEL B KATHERIN M 833 WATERSTONE DR WILMINGTON, NC 28411 833 WATERSTONE DR WILMINGTON SCHROEDER / RIDER TRUSTEES 320 GRAYHAWK CIR WILMINGTON, NC 28411 320 GRAYHAWK CIR WILMINGTON SIDDLE TAKAYO L 1012 CRANFORD DR WILMINGTON, NC 28411 1012 CRANFORD DR WILMINGTON SMITH JOSHUA L KATHERINE A 8216 MOSS BRIDGE CT WILMINGTON, NC 28411 8216 MOSS BRIDGE CT WILMINGTON STITH ALICE W 1009 CRANFORD DR WILMINGTON, NC 28411 1009 CRANFORD DR WILMINGTON SUMMERS MATTHEW SARAH M 815 WATERSTONE DR WILMINGTON, NC 28411 815 WATERSTONE DR WILMINGTON SWAN SONG PROPERTIES LLC 221 SIMMONS DR WILMINGTON, NC 28411 314 EDGEWATER CLUB RD WILMINGTON SWAN SONG PROPERTIES LLC 221 SIMMONS DR WILMINGTON, NC 28411 314 EDGEWATER CLUB RD WILMINGTON TISDALE TRESCOTT W II TRACY H 1016 CRANFORD DR WILMINGTON, NC 28411 1016 CRANFORD DR WILMINGTON TISDALE TRESCOTT W II TRACY H 1016 CRANFORD DR WILMINGTON, NC 28411 1016 CRANFORD DR WILMINGTON VAUGHN JACQUELINE T ERIC M 832 WATERSTONE DR WILMINGTON, NC 28411 832 WATERSTONE DR WILMINGTON WILLIAMS ELIJAH R 8204 MOSS BRIDGE CT WILMINGTON, NC 28411 8204 MOSS BRIDGE CT WILMINGTON WILLIAMS JOHN PAUL PHYLLIS E 317 EDGEWATER CLUB RD WILMINGTON, NC 28405 317 EDGEWATER CLUB RD WILMINGTON WILLIAMS VIRGINIA D 301 EDGEWATER CLUB RD WILMINGTON, NC 28405 301 EDGEWATER CLUB RD WILMINGTON YOUNG KERESA A DELTON E 753 WATERSTONE DR WILMINGTON, NC 28411 753 WATERSTONE DR WILMINGTON Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 23 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Notice of a Community Information Meeting December 27, 2021 To: Adjacent Property Owners From: Cindee Wolf Re: Waterstone Townhome Development The Waterstone developers are interested in developing a new residential community on lands within the proximity of your property. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. A plan of the project layout is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Wednesday, January 19th, at the Waterstone Clubhouse, 843 Waterstone Drive, 6:00 p.m. If you cannot attend, you are also welcome to contact me at telephone # 910‐620‐2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 24 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 25 Board of Commissioners - May 2, 2022 ITEM: 11- 7 - 26 Concept Plan Board of Commissioners - May 2, 2022 ITEM: 11- 8 - 1 Board of Commissioners - May 2, 2022 ITEM: 11- 9 - 1 Public Comments In Support 1 Neutral 1 In Opposition 9 Board of Commissioners - May 2, 2022 ITEM: 11- 10 - 1 Wilmington North Carolina 28411 jacksonfdavenport@gmail.com Z22-05 Support project I speak in support of the project, as increasing our housing stock, and our variety of housing, (such as by including townhomes), has a myriad of benefits. First and foremost, it will increase the variety of the neighborhood, and the sense of community, as having more neighbors fosters community and connection. It will increase our affordable housing stock, as there is limited amount of land left available in our city and county, necessitating density, allowing us to fit more people in. This project will both keep homes affordable, and decrease maintenance costs for the county, leading to more tax revenue (denser developments have been shown to typically lead to less expense on public services, as the same amount of services will serve more people; e.x, a one mile road or water line will serve 50 town homes vs 25 single family homes). In the future, denser development will also increase the ability of an expansion of public services to the area. Public transit, or a biking/ walking path along market street, will become more cost-effective, as there will be more people to utilize these services, making this expansion of transit or cycling / pedestrian (or other facilities) to the area more cost effective. The expansion of these services would also improve traffic, the environment, and our community, making this project better in the long run. Denser development is also better for the environment, due to the aforementioned reasons, as well las simply having to destroy less of nature for the same amount of people. Ultimately, denser development will allow better services for the area, as it is more cost effective, and help our environment, as well as with the issue of affordable housing. It will help the community, and lead to a better city and county. Thank you 4/16/2022 11:46 Board of Commissioners - May 2, 2022 ITEM: 11- 11 - 1 From:Roth, Rebekah To:Doss, Amy Subject:FW: Public Comment on Z22-09: 7491 Market St (4-7-2022) Planning Board Date:Wednesday, April 20, 2022 9:23:30 AM Amy, While this comment notes case Z22-09, it may be intended to refer to your Edgewater Villas rezoning case. Please include this email in the board packet for Z22-05. Thanks, Rebekah Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County ‑ Planning & Land Use ‑ Planning & Zoning (910) 798-7465 p | (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Dave Ohanlon Sent: Friday, March 25, 2022 8:57 PM To: May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com> Subject: Public Comment on Z22-09: 7491 Market St (4-7-2022) Planning Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Dave Ohanlon Address 8820 Olympic Lane, Wilmington 28411 United States Map It Email Davidoh2333@gmail.com Projects available for comment. Z22-09: 7491 Market St (4-7-2022) Planning Board What is the nature of your comment? Neutral Public Comment Board of Commissioners - May 2, 2022 ITEM: 11- 12 - 1 County roads are unsafe. Narrow and dangerous pot holes on edges. Ex Futch creek Board of Commissioners - May 2, 2022 ITEM: 11- 12 - 2 From:Roth, Rebekah To:Doss, Amy Subject:FW: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board Date:Tuesday, March 22, 2022 10:57:19 AM Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County ‑ Planning & Land Use ‑ Planning & Zoning (910) 798-7465 p | (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Joan Karas Sent: Tuesday, March 22, 2022 10:26 AM To: nismith@nhcgov.com; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Joan Karas Address 8805 Olympic Lane Wilmington, NC 28411 United States Map It Email joank25@ec.rr.com Projects available for comment. Z22-05: Edgewater Club Rd (4-7-2022) Planning Board What is the nature of your comment? Oppose project Public Comment I am writing to voice my strong opposition to Z22-05. I have lived in Porters Neck for nearly 17 years and I'm totally fed up with the over development that has been approved without consideration for infrastructure and the residents who reside in this community. When will the board take the public interest into consideration, instead of allowing developers to ruin the entire Porters Neck area. Please do the right thing this time. Board of Commissioners - May 2, 2022 ITEM: 11- 13 - 1 From:Roth, Rebekah To:Doss, Amy Subject:FW: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board Date:Tuesday, March 22, 2022 11:50:28 AM Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County ‑ Planning & Land Use ‑ Planning & Zoning (910) 798-7465 p | (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Christina Kelleigh Sent: Tuesday, March 22, 2022 11:40 AM To: nismith@nhcgov.com; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Christina Kelleigh Address 1519 Portsmouth Place Wilmington, NC 28411 United States Map It Email ckelleigh@gmail.com Projects available for comment. Z22-05: Edgewater Club Rd (4-7-2022) Planning Board What is the nature of your comment? Oppose project Public Comment With the homes already being built in Waterstone, across the street from the firehouse and at Champ Davis as well as the school on Edgewater Club Road we have had a huge influx in traffic without improvement to our traffic patterns on Porters Neck or Market. We have overcrowding in the middle school and high school districted to this area without a plan for more families and children attending these schools. We do not have bus drivers to take our kids to school so parents drive their kids increasing congestion on our roads. We are already struggling with the water levels in our aquifers as seen with families on Bald Eagle lane needing to switch from well to city water due to salt water encroachment. The current retention ponds being built for new developments threaten homes in the area as well as the roads they are next to as well as increased density causing problems with run off and Board of Commissioners - May 2, 2022 ITEM: 11- 13 - 2 flooding. We were already trapped during Floyd due to poor planning and do not want a repeat in a hurricane when there are even MORE families to evacuate. If they want to put in townhomes then they need to take away that many homes from their project to allow for the impact of more people, cars and building on our neighborhood. Board of Commissioners - May 2, 2022 ITEM: 11- 13 - 3 From:Roth, Rebekah To:Doss, Amy Subject:FW: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board Date:Tuesday, March 22, 2022 4:07:38 PM Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County ‑ Planning & Land Use ‑ Planning & Zoning (910) 798-7465 p | (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Dena Daybell Sent: Tuesday, March 22, 2022 4:03 PM To: nismith@nhcgov.com; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Dena Daybell Address 1527 Portsmouth Place Wilmington, NC 28411 United States Map It Email Dtjzo@me.com Projects available for comment. Z22-05: Edgewater Club Rd (4-7-2022) Planning Board What is the nature of your comment? Oppose project Public Comment Our street and infrastructure are already overtaxed by the new school and traffic is already a problem. This is not a location which can support more high density housing. Especially with all of the other projects already in progress expanding the nursing home and apartments in the area. Waterstone residents bought their property based on single family homes and original approval for this project didn’t account for townhomes. This is a bait and switch and they should be sticking with their original plan. Board of Commissioners - May 2, 2022 ITEM: 11- 13 - 4 From:Roth, Rebekah To:Doss, Amy Subject:FW: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board Date:Tuesday, March 22, 2022 4:18:16 PM Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County ‑ Planning & Land Use ‑ Planning & Zoning (910) 798-7465 p | (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Dorothy Daybell Sent: Tuesday, March 22, 2022 4:14 PM To: nismith@nhcgov.com; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Dorothy Daybell Address 8306 Vintage Club Circle Wilmington, NC 28411 United States Map It Email ddaybell@usc.edu Projects available for comment. Z22-05: Edgewater Club Rd (4-7-2022) Planning Board What is the nature of your comment? Oppose project Public Comment There is already heavy traffic on Porters Neck Road, soon to be made worse by the development at the Davis Community. Edgewater Club Road is currently single family dwellings, and the townhomes are not compatible with the neighborhood. Board of Commissioners - May 2, 2022 ITEM: 11- 13 - 5 From:Roth, Rebekah To:Doss, Amy Subject:FW: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board Date:Friday, March 25, 2022 8:16:51 AM Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County ‑ Planning & Land Use ‑ Planning & Zoning (910) 798-7465 p | (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Emily Mackovjak Sent: Thursday, March 24, 2022 10:37 PM To: nismith@nhcgov.com; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Emily Mackovjak Address 1509 Meridian Terr Wilmington, NC 28411 United States Map It Email emackovjak@gmail.com Projects available for comment. Z22-05: Edgewater Club Rd (4-7-2022) Planning Board What is the nature of your comment? Oppose project Public Comment Infrastructure can’t support any additional residents. Board of Commissioners - May 2, 2022 ITEM: 11- 13 - 6 From:Roth, Rebekah To:Doss, Amy Subject:FW: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board Date:Friday, March 25, 2022 8:17:04 AM Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County ‑ Planning & Land Use ‑ Planning & Zoning (910) 798-7465 p | (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Brent Hayes Sent: Thursday, March 24, 2022 10:38 PM To: nismith@nhcgov.com; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com> Subject: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Brent Hayes Address 1509 Meridian Terrace Wilmington, North Carolina 28411 United States Map It Email bfrankhayes@gmail.com Projects available for comment. Z22-05: Edgewater Club Rd (4-7-2022) Planning Board What is the nature of your comment? Oppose project Public Comment I greatly oppose for lack of infrastructure Board of Commissioners - May 2, 2022 ITEM: 11- 13 - 7 From:Roth, Rebekah To:Doss, Amy Subject:FW: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board Date:Friday, March 25, 2022 4:04:10 PM Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County ‑ Planning & Land Use ‑ Planning & Zoning (910) 798-7465 p | (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Brent Hayes Sent: Friday, March 25, 2022 3:49 PM To: May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com> Subject: Public Comment on Z22-05: Edgewater Club Rd (4-7-2022) Planning Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Brent Hayes Address 1509 Meridian Terrace Wilmington, North Carolina 28411 United States Map It Email bfrankhayes@gmail.com Projects available for comment. Z22-05: Edgewater Club Rd (4-7-2022) Planning Board What is the nature of your comment? Oppose project Public Comment I greatly oppose for lack of infrastructure Board of Commissioners - May 2, 2022 ITEM: 11- 13 - 8 From:Walker, Geneva To:Doss, Amy Subject:FW: Rezoning Request Z22-05. Date:Thursday, April 7, 2022 9:53:09 AM Please see the public comment below for your project Geneva Walker Administrative Specialist New Hanover County ‑ Planning & Land Use ‑ Planning & Zoning (910) 798-7624 p | (910) 798-7053 f gwalker@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: jackiemac729=gmail.com@webformsnhcgov.com <jackiemac729=gmail.com@webformsnhcgov.com> On Behalf Of jackie macleod Sent: Wednesday, April 06, 2022 7:45 PM To: Walker, Geneva <gwalker@nhcgov.com> Subject: Rezoning Request Z22-05. ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Select an appropriate department for your message. Planning & Land Use (Zoning) Name jackie macleod Email jackiemac729@gmail.com Subject Rezoning Request Z22-05. Your Message I live in Porters Neck. I oppose the rezoning project by Waterstone for 44 townhomes. Last year you approved rezoning for the Logan Project for over 300 new housing units. In addition, currently under construction are condos at the Davis Center, homes at Waterstone and a development by USHwy 17 just past Futch Creek. Poplar Grove area is also planning another 5K homes. Traffic in this area is horrendous as it is. Further growth will exacerbate traffic, school and land erosion issues. Board of Commissioners - May 2, 2022 ITEM: 11- 13 - 9 From:Roth, Rebekah To:Doss, Amy Subject:FW: Public Comment on Z22-05: Edgewater Club Rd (5-2-2022) Board of Commissioners Date:Thursday, April 14, 2022 8:58:55 AM Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County ‑ Planning & Land Use ‑ Planning & Zoning (910) 798-7465 p | (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Tom Burrell Sent: Wednesday, April 13, 2022 6:09 PM To: May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com> Subject: Public Comment on Z22-05: Edgewater Club Rd (5-2-2022) Board of Commissioners ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Tom Burrell Address 8237-2 Blue Heron Drive East Wilmington, North Carolina 28411 United States Map It Email tom.burrell@verizon.net Projects available for comment. Z22-05: Edgewater Club Rd (5-2-2022) Board of Commissioners What is the nature of your comment? Oppose project Public Comment #1 - The County needs to focus on improving the transportation and stormwater infrastructure in the Porter's Neck area before approving any further residential development in this area. #2 - While the applicant's representative may tell you that you must approve this project because the R-7 zoning district being requested is consistent with the 2016 Comprehensive Plan, the R-20 zoning district is consistent with the Comprehensive Plan as well so this application does not need to be approved and the applicant can simply build the number of single family detached residences allow in R-20. #3 - It's time to update the Comprehensive Plan. Thank you Board of Commissioners - May 2, 2022 ITEM: 11- 13 - 10