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Agenda 2022 06-06NEW 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 J U N E 6, 2022 4:00 P M MEETING CALLED TO ORDER (Chair Julia Olson-Boseman) INVOCATION (Pastor Gayle Tabor, Church on Tap) PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval to Request Grant Funds from the Department of Homeland Security/Federal Emergency Management Agency 3. Adoption of Safe Boating Week Proclamation 4. Adoption of Resilient & Thriving Communities Week Proclamation 5. Adoption of National Men's Health Month Proclamation 6. Adoption of Pride Month Proclamation 7. Award of Bid for Pre -Cast Concrete Structures for William Louis Drive Culvert Replacement in the Amount of $102,276.68 8. Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statute Chapter 160A-Article 12 ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 15 9. Consideration of Purchase of Property for Future Gordon Road Fire Station 10 10. Public Hearing Economic Development and Economic Incentives Appropriations (limit three minutes) 30 11. Public Hearing on the FY 2022-2023 Recommended Budget (limit three minutes each) 40 12. 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 - June 6, 2022 40 13. Public Hearing Rezoning Request (Z22-11) - Request by Martie Murphy with SHJ Construction Group, Applicant, on Behalf of Waverly Investments, Property Owner, to Rezone Approximately 1.75 Acres of Land Located at 8005 and 8015 Market St from 0&I, Office and Institutional, to (CZD) B-1, Neighborhood Business for a Carwash 40 14. Public Hearing Rezoning Request (Z22-12) - Request by Cindee Wolf with Design Solutions, Applicant, on Behalf of Catherine E. Burney Heirs, Property Owner, to Rezone Approximately 8.02 Acres of Land Located at 5000 N. College Road from R-15, Residential, to (CZD) CB, Community Business for an Indoor and Outdoor Recreation Facility 40 15. Public Hearing Rezoning Request (Z22-13) - Request Submitted by Northside Baptist Church, Property Owner, to Rezone Approximately 21 Acres of Land Located at 2501 N. College Road from (CZD) B-2, Regional Business to CZD PD, General Planned Development for a School 40 16. Public Hearing Rezoning Request (Z22-14) — Request Submitted by Cindee Wolf with Design Solutions, Applicant, on Behalf of ABA Self Storage, LLC, Property Owner, to Rezone Approximately 0.23 Acres of Land Located at 4631 Carolina Beach Road from (CZD) B-2, Regional Business to (CZD) R-5, Residential for a Single -Family Residential Unit with Accessory Structure 40 17. Public Hearing Rezoning Request (Z22-15) - Request Submitted by Cindee Wolf with Design Solutions, Applicant, on Behalf of Oceanside Property Management, LLC, Property Owner, to Rezone Approximately 0.55 Acres of Land Located at 49 Lennon Drive from R-15, Residential to R-5, Residential PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTI MATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 18. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 19. 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. Board of Commissioners - June 6, 2022 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 - June 6, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 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: Agenda Review held on May 12, 2022 Regular Meeting held on May 16, 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 - June 6, 2022 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Consent DEPARTMENT: Sheriff PRESENTER(S): Chief Deputy Ken Sarvis CONTACT(S): Chief Deputy Ken Sarvis SU BJ ECT: Approval to Request Grant Funds from the Department of Homeland Security/Federal Emergency Management Agency BRIEF SUMMARY: The Sheriff's Office wishes to apply for the 2022 Homeland Security, Port Security Grant. The total amount requested is $585,904 with a 25% match of $146,476. The match will be paid from the FY22-23 Sheriff's Office Budget. This is a three-year grant beginning 10/01/2022 and ending 09/30/25. The Port Security Grant is used to fund equipment for enforcement activity related to the Port of Wilmington and the waterways surrounding New Hanover County, strengthening maritime safety and security through the purchase of equipment for the Dive Team, Emergency Response Team and K9 Team. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve submission of application for the 2022 Port Security Grant. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 6, 2022 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Consent DEPARTMENT: County Manager PRESENTER(S): Louis DiGiusto, U.S. Coast Guard Auxiliary CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Adoption of Safe Boating Week Proclamation BRIEF SUMMARY: Louis DeGiusto, on behalf of the U. S. Coast Guard Auxiliary, is requesting the board adopt a proclamation recognizing May 21 - 27, 2022 as Safe Boating Week and the start of the year-round effort to promote safe boating. The proclamation will help bring awareness to the need to wear U.S. Coast Guard -approved life jackets while boating and promote safety on our waterways. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Safe Boating Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 6, 2022 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS SAFE BOATING WEEK PROCLAMATION WHEREAS, the beautiful coastal waters of New Hanover County represent a world renowned recreational resource that residents and visitors alike are drawn to each year for water and beach activities; and WHEREAS, year-round, people continue to enjoy all that our natural environment has to offer through the joy of boating; and WHEREAS, on average, 630 people die in the U.S. each year in boating -related accidents, and approximately 77% of those fatalities are caused by drowning; and WHEREAS, the vast majority of those accidents are caused by human error or poorjudgment and not by the boat, equipment, or environmental factors; and WHEREAS, most boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, the National Safe Boating Council, supported by the U.S. Coast Guard, the U. S. Coast Guard Auxiliary, and other national organizations, has set May 21-27, 2022 as National Safe Boating Week. NOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of Commissioners that May 21-27, 2022 will be recognized as "Safe Boating Week" in New Hanover County and further urges all those who boat to practice safe boating habits, and to always wear a life jacket while boating. ADOPTED this the 6t" day of June, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair r_rIM125 Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 6, 2022 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Consent DEPARTMENT: County PRESENTER(S): Tina L. C. Pearson, Director, New Hanover County Resiliency Task Manager Force, c/o Communities in Schools of Cape Fear CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Adoption of Resilient & Thriving Communities Week Proclamation BRIEF SUMMARY: The New Hanover County Resiliency Task Force (RTF) is a member of the Resilient North Carolina Collaborative Coalition (RNCCC), which includes many local coalitions such as RTF throughout North Carolina. RNCCC has submitted a proclamation request to Governor Roy Cooper's office to declare June 6-12, 2022 "Resilient & Thriving Communities Week." As we wait for the Governor's response, local coalitions are also seeking similar proclamations from local leaders. RTF appreciates New Hanover County's continued support as well as the county's commitment to strengthening the resilience of its employees and the community. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Resilient & Thri\ing Communities Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 6, 2022 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESILIENT & THRIVING COMMUNITIES WEEK PROCLAMATION WHEREAS, resilient and thriving communities are vital to the county's future health, success, and prosperity to ensure a strong foundation for everyone at all ages and stages of life; and WHEREAS, the science is clear that resilience is built, and that communities and systems play a key role in promoting safe, secure, nurturing environments for all; and WHEREAS, adverse childhood and life experiences, adverse community environments, and adverse climate events impact overall quality of life and wellbeing of an entire community; and WHEREAS, it is our collective responsibility to promote positive experiences, secure relationships, and supportive environments to buffer stress and adversity; and WHEREAS, investing in policies, programs, and strategies that address adversity and strengthen community resilience are essential to the health of the county; and WHEREAS, New Hanover County encourages all agencies, schools, faith -based organizations, healthcare systems, elected leaders, businesses, and individuals to collaborate to strengthen the communities within New Hanover County. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 6 - 12, 2022 will be recognized as "Resilient & Thriving Communities Week" in New Hanover County. All residents are encouraged to become informed about the impact of adversityto create a county aware of and actively practicing resilience strategies that benefit all individuals toward communities of hope and healing. ADOPTED this the 6th day of June, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair l►_rIM125 Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 6, 2022 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Consent DEPARTMENT: Health and Human PRESENTER(S): Diana Hills, Health Education and Preparedness Supervisor and Services David Howard, Health Director CONTACT(S): Diana Hills and David Howard SU BJI ECT: Adoption of National Men's Health Month Proclamation BRIEF SUMMARY: In June, citizens are encouraged to increase awareness of the importance a healthy lifestyle, regular exercise, regular medical check-ups, and to participate in preventative health practices and early detection efforts for all men in New Hanover County. Despite advances in medical technology and research, men continue to live an average of five years less than women, with Native American and African American men having the lowest life expectancy. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: National Men's Health Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 6, 2022 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL MEN'S HEALTH MONTH WHEREAS, educating the public and healthcare providers about the importance of a healthy lifestyle and early diagnosis of male health problems can help to reduce the rates of mortality from disease; and WHEREAS, informing men about the value of preventative health and the importance of participating in health screenings will aid in prolonging their lifespan and support their role as productive family members; and WHEREAS, fathers who maintain healthy lifestyles are role models for their children and well-equipped to care for a happy and healthy family; and WHEREAS, despite advances in medical technology and research, men continue to live an average of five years less than women, with Native American and African American men having the lowest life expectancy; and WHEREAS, Men's Health Week, created by the Men's Health Network, was first designated as June 12- 19 by the United States Congress in 1994 to establish an awareness period to help educate men, boys, and their families about the importance of positive health attitudes and preventative health practices; and WHEREAS, Men's Health Month is an opportunity to raise awareness, advocate resources, and promote access to education about men's health; and WHEREAS, June is designated as National Men's Health Month. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2022 will be recognized as "National Men's Health Month" and that June 13-19, 2022 will be recognized as "Men's Health Week" in New Hanover County. The Board of Commissioners encourages citizens to increase awareness of the importance of a healthy lifestyle, regular exercise, and regular medical check- ups and to participate in preventative health practices and early detection efforts for all men in New Hanover County. ADOPTED this the 6t" day of June, 2022. ILIIILTJI:F—AMIGI9a:Z�610011VA Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 6, 2022 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Consent DEPARTMENT: Diversity & Equity PRESENTER(S): Linda Thompson, Chief Diversity and Equity Officer CONTACT(S): Linda Thompson SU BJ ECT: Adoption of Pride Month Proclamation BRIEF SUMMARY: New Hanover County, NC, recognizes and proclaims the month of June 2022 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) "Pride Month" throughout New Hanover County. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Pride Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 6, 2022 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PRIDE MONTH PROCLAMATION WHEREAS, the New Hanover County Board of Commissioners recognizes and proclaims the month of June 2022 as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) "Pride Month" throughout New Hanover County; and WHEREAS, New Hanover County observes Pride Month to honor the history of the LGBTQ liberation movement and to support the rights of all citizens to experience equality and freedom from discrimination; and WHEREAS, all human beings are born free and equal in dignity and rights. LGBTQ individuals have had immeasurable impact to the cultural, civic, and economic successes of this country; and WHEREAS, New Hanover County is committed to supporting visibility, dignity, and equality for LGBTQ people in our diverse community; and WHEREAS, while society at -large increasingly supports LGBTQ equality, it is essential to acknowledge that the need for education and awareness remains vital to end discrimination and prejudice; and WHEREAS, this nation was founded on the principle that every individual has infinite dignity and worth, and New Hanover County calls upon the people of this community to embrace this principle and work to eliminate prejudice everywhere it exists; and WHEREAS, celebrating Pride Month influences awareness and provides support and advocacy for New Hanover County's LGBTQ community, and is an opportunity to take action and engage in dialogue to strengthen alliances, build acceptance, and advance equal rights. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the month of June 2022 will be recognized as "Pride Month" in New Hanover County in support of the LGBTQ community. ADOPTED this the 6th day of June, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 6, 2022 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Consent DEPARTMENT: Engineering PRESENTER(S): Jim lannucci, County Engineer CONTACT(S): Jim lannucci SU BJ ECT: Award of Bid for Pre -Cast Concrete Structures for William Louis Drive Culvert Replacement in the Amount of $102,276.68 BRIEF SUMMARY: William Louis Drive is being rehabilitated to assist neighborhoods in the county who have portions of their road systems that were never petitioned to be turned overto NCDOT for maintenance. During the process of working through the details of the William Louis Drive rehabilitation, an existing culvert underneath the road was identified as being in poor condition and in need of replacement. In addition to the poor condition of the culvert, the size of the culvert was drastically undersized forthe large area that drains to it. Due to site constraints, the selected alternative was to replace the existing pipe culvert with a concrete box culvert structure which will better address the capacity issues that previously existed. Stormwater Services will be performing the work associated with the culvert replacement and has been working with NCDOT and the United States Army Corps of Engineers (USACE) to ensure that the new culvert will be able to be accepted by NCDOT for maintenance after completion of the work. This cost will not be assessed to the property owners. To meet the USACE requirements, the new culvert is required to be a double barrel culvert where one barrel is embedded 1-foot into the stream channel to accommodate the low flow condition, and the other barrel has a "sill wall" to raise the invert so that it only accommodates the flow in larger storm events. This design has increased the cost of the material purchase of the box culvert to exceed the limits for an informal bid; therefore, requiring a formal bid to procure the materials. Sealed bids were opened on May 6, 2022. Only one bid was received in the correct format in accordance with the instructions in the bid advertisement. STRATEGIC PLAN ALIGNMENT: Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands Collaborate to optimize system -wide responses and outcomes Reduce or prevent community risks RECOMMENDED MOTION AND REQUESTED ACTIONS: Award the bid for purchase of Pre -Cast Concrete Structures for the William Louis Drive Culvert Replacement to Core & Main. ATTACHMENTS: Board of Commissioners - June 6, 2022 ITEM: 7 Bid Proposal - Core & Main Bid Summary - Signed COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 6, 2022 ITEM: 7 � • - 8cMA1N Proposal New Hanover County RFB - Pre -cast Concrete Structures May 6th, 2022 Board of Commissioners - June 6, 2022 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY REQUEST FOR BIDS PURCHASE OF PRE -CAST CONCRETE STRUCTURES 3 \2 N T Y LISHfp COUNTY COMMISSIONERS JULIA OLSON-BOSEMAN, CHAIR DEB HAYS, VICE -CHAIR JONATHAN BARFIELD, JR. BILL RIVENBARK ROB ZAPPLE CHRIS COUDRIET, COUNTY MANAGER Board of Commissioners - June 6, 2022 ITEM: 7 - 1 - 2 Section 4- Bid Sheet NEW HANOVER COUNTY PURCHASE OF PRE -CAST CONCRETE STRUCTURES Price Sheet/Bid Form Deadline for Receipt of Bids: FRIDAY, MAY 6, 2022, at 3:00 PM_ EST I certify that this bid is made without prior understanding, agreement or connection with any corporation firm, or person submitting a bid for the same services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. ADDENDUM # Date ADDENDUM # Date Item Description Qty Unit Unit Price Amount 1 11' x 4' Pre -Cast Double Barrel Box Culvert 1 EA $1,441.60 $93,704.00 w/ 18" sill, as per plan (Two-piece) 2 Pre -Cast Wingwalls, as per plan 4 EA Included Included 3 15" RCP, Class Ili 16 LF $24.08 $385.28 4 Concrete Junction Box (w/ optional 1 EA $1,227.30 $1,227.30 manhole) 5 Manhole frame and cover 1 EA 269.10 .10 Project Total $95,585.68 **Pricing does not include Tax** COMPANY/BIDDER'S�NAME: `'A n I P OFFICE PHONE:lrY'��-`1r`�i 8 CELL PHONE: ADDRESS: �qcs L\" V"D x EMAIL ADDRESS: Glenn.heath@coreandmain.com By signing, I affirm I am authorized to represent my firm and to provide the products and/or services required according to this bid response. AUTHORIZED REPRESENTATIVE (PRINT) AUTHORIZED REPRESENTATIVE (WRITTEN) Page 8 of 9 Board of Commissioners - June 6, 2022 ITEM: 7 - 1 - 3 ZC=::&MAIN Bid Proposal for NHC - William Louis Culvert NEW HANOVER COUNTY 194 DIVISION DRIVE WILMINGTON, NC 28401 Sales Representative Glenn Heath (T) 910-612-9641 Glenn.Heath@coreandmain.com 05/05/2022 - 8:09 AM Job NHC - William Louis Culvert Bid Date: 04/18/2022 Bid #: 2289901 Core & Main 6501 Amsterdam Way Wilmington, NC 28405 (T) 910-791-4148 Actual taxes may vary Page 1 of 3 Board of Commissioners - June 6, 2022 ITEM: 7 - 1 - 4 NEW HANOVER COUNTY Bid Date: 04/18/2022 Core & Main 2289901 Seq# Qty 10 70 80_ 90 Z=&MAIN Bid Proposal for NHC William Louis Culvert Description DUE TO CURRENT SUPPLY CHAIN DISRUPTIONS, MATERIALS ARE SUBJECT TO PRICING AT TIME OF SHIPMENT. MATERIAL AVAILABILITY AND TIMELINESS OF SHIPMENTS CANNOT BE GUARANTEED. THIS TERM SUPERSEDES ALL OTHER CONTRACTUAL PROVISIONS 65 PRECAST BOX CULVERT 4'X12' W/ CENTER WALL, HAUNCHES, ROOF m._ SLAB, SILL W/ JOINT MATERIAL & WINGWALLS_ H2O TRAFFIC RATED PRODUCED IN (12) S' SECTIONS TO WEIGH'"26,000LBS i "WALLS / 12" FLOORS & ROOF 110 16 15 RCP CLIII DOT PIPE PE 8' DOT STAMPED Core & Main 6501 Amsterdam Way Wilmington, NC 28405 Phone: 910-791-4148 Fax: 910-791-8408 Units Price Ext Price IT 1,441.60 93,704.00 FTR 24.08 385.28 130_I 1 JUNCTION BOX - 2'2" X 3' X 4' _.__.._ __. �• —1,227 30 . _ 1,227.30 r SOLID WALL BOX W/ ADAPTER ROOF _ SLAB (2'0" OPENING) 160� 1 USF 669 STYLE 840 54 DOT R&C SOLID LID MARKED STORM _ �_ EA _ 269 10 269.10 269.1_.._. 05/05/2022 - 8:09 AM Actual taxes may vary Page 2 of 3 Board of Commissioners - June 6, 2022 ITEM: 7 - 1 - 5 d&MAIN Bid Proposal for NHC - William Louis Culvert Bid #: 2289901 Seq# Qty Description Units Price Ext Price Branch Terms: This quote represents our interpretation of the plans & specifications and is offered as an aid to bidding only. Customers should verify all materials & quantities prior to bidding or ordering. Unless otherwise noted, PVC pipe prices are valid if ordered and shipped within 30 days of the quote date and shipped in full truckload quantities. HDPE prices are good for 10 days from quote date and price per foot might be revised if quantity changes. Special order material or other non -stock items may be non-refundable or subject to a cancellation/restock charge. Special order non -stock items must be shipped to customer within 30 days of receipt by Core & Main. "Resin and PVC pipe supply is currently limited, with volatile pricing and extended lead times. Pricing of orders shipped outside of pipe terms will not be able to be held and will be priced per current market at time of shipment." UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BY CUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LP RESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS, TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEAD TIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/OR APPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER'S ACCEPTANCE OF SELLER'S TERMS AND CONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AM https:/1coreandmain.com/TandC1 05/05/2022 - 8:09 AM Actual taxes may vary Page 3 of 3 Board of Commissioners - June 6, 2022 ITEM: 7 - 1 - 6 NEW HANOVER COUNTY PURCHASE OF PRE -CAST CONCRETE STRUCTURES BID OPENING DATE: FRIDAY, MAY 6, 2022 3:00 PM EST. 1 CORE & MAIN LP Unit Price Amount 11' x 4' Pre -Cast Double Barrel Box Culvert w/ 18" sill, as per plan (Two-piece) (1) each $1,441.60 $93,704.00 Pre -Cast Wingwalls, as per plan (4) each Included Included 15" RCP, Class III (16) LF $24.08 $385.28 Concrete Junction Box (w/ optional manhole) (1) each $1,227.30 $1,227.30 Manhole frame and cover (1) each $269.10 $269.10 Subtotal $95,585.68 NC Tax $6,691.00 TOTAL COST $102,276.68 to the County Request for Bids for the Purchase of Pre -Cast Concrete Structure. I certify that only one bid was received ' response Lgfia Edwards Butler, Purchasing Supervisor Board of Commissioners - June 6, 2022 ITEM: 7 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Consent DEPARTMENT: Finance PRESENTER(S): Martha Wayne, Interim Chief Financial Officer and Sara Warmuth, Chief Facilities Officer CONTACT(S): Julia La Bombard, Deputy Chief Facilities Officer SU BJ ECT: Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statute Chapter 160A-Article 12 BRIEF SUMMARY: North Carolina General Statute Chapter 160A-Article 12 governs the sale and disposition of surplus property. Currently, the county has certain supplies, materials, equipment, and apparatus that are surplus to its operations. A complete list of these items including a description is attached as Exhibit "A". Following board approval, non-profit organizations will have the opportunity to inspect and purchase certain property prior to being sold by auction. Afterwards, all remaining property will be disposed of according to the procedures prescribed in statute 160A-270(c), which authorizes the disposal of personal property electronically using an existing private or public electronic auction service. Staff proposes to utilize the services of GovDeals, an online internet-based provider servicing governmental entities. Any items not sold electronically will be disposed of by any other method authorized by the statutes including discarding. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Declare property surplus and adopt resolution authorizing the sale of the equipment electronically using GovDeals or disposal by any other method authorized by NC General Statutes including discarding. ATTACHMENTS: Auction Resolution Public Notice Board of Commissioners - June 6, 2022 ITEM: 8 Exhibit A -Auction List COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 6, 2022 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DISPOSAL OF SURPLUS PROPERTY WHEREAS, New Hanover County owns certain personal property itemized on the attached Exhibit A that is no longer functional for governmental purposes; and WHEREAS, the New Hanover County Board of Commissioners is desirous of declaring the property surplus and disposing of the property as authorized by North Carolina General Statute (NCGS) 160A-Article 12; and WHEREAS, following the board's approval, the board wishes to allow non-profit organizations the opportunity to inspect and purchase the property prior to being sold by public auction; and WHEREAS, all remaining property will be disposed of according to the procedures prescribed in Chapter 160A- 270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and WHEREAS, items not sold by electronic auction will be disposed of using any other method authorized in the NCGS 160A-Article 12 including discarding the items. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners as follows: 1. The personal property itemized on the attached Exhibit A is hereby declared to be surplus property. 2. The Chief Financial Officer's designated representative, pursuant to the provisions of G.S. 160A-270 (c), is hereby authorized to dispose of the personal property listed by electronic public auction and any property not sold by electronic means may be disposed of using any other method authorized by the NCGS 160A- Article 12, and that said representative be further authorized and directed to execute necessary documents, transfer title, add/delete items from the surplus list, and perform all necessary functions associated with this disposal. 3. Non-profit organizations will be given the opportunity to inspect and purchase the property prior to being sold by public auction. 4. All surplus property will be sold "as is" and all sales will be final. New Hanover County makes no express or implied warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose regardless of any oral statements that may be made concerning the surplus property or any part thereof. 5. A notice summarizing this resolution and the sale of the surplus property shall be advertised on the county's website and/or in the Wilmington Star News at least ten (10) days prior to the electronic public auction. ADOPTED this the 6t" day of June, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 6, 2022 ITEM: 8 - 1 - 1 PUBLIC NOTICE New Hanover County's Board of Commissioners adopted a resolution at their meeting on Monday, June 6, 2022, declaring certain personal property surplus to the County's operations. Non-profit organizations will have an opportunity to inspect and purchase certain property prior to being sold to the general public. Any non-profit organization interested in viewing the property should contact Julia LaBombard at 910-798- 4333 or email at ilabombard (a>nhcgov.com. Non -profits may take advantage of this opportunity beginning Tuesday, June 7, 2022, through Tuesday, June 14, 2022. Any remaining property will be offered for sale Monday, June 20, 2022, through Tuesday, July 5, 2022, using GovDeals, a company who provides online auction services to governmental entities. Registration is required for bidding. All items are sold "as is" and all payments must be made online through GovDeals. Acceptable methods of payment are credit card (Visa, Mastercard, American Express, Discover), PayPal and wire transfer. Please review the terms and conditions prior to bidding. For questions about using the GovDeals website, please contact GovDeals at (800) 613-0156. View a complete list of the available surplus items here. New Hanover County reserves the right to remove any items from this list at any time. Board of Commissioners - June 6, 2022 ITEM: 8 - 2 - 1 EXHIBIT A - AUCTION LIST Auction # GoID#als FA # Serial # Contact Name Department Description Mileage Reason for Disposal 316 013558- VIN # 1FTCR10U7VUC65140 Julia LaBombard Environmental 1997 Ford Ranger, white, regular cab pickup, 2WD, 3.0 L V6 engine, 68,013 Poor condition. Payload capacity not sufficient for 00 Management automatic transmission, Engine oil leak, transmission leak, water Environmental Management operations. Will not be replaced. leaks into the cab, break -through rust around door jams and front windshield, rust throughout the outside and under carriage, headliner and seats torn. 317 018874- DDA01700 Kim Roane Environmental 2004 CAT 924G front end loader, no bucket, solid wheel tires, poor Old, high engine hours, in poor condition. Will be replaced with 00 Management condition. new. 318 N/A Kim Roane Environmental Dump bed for a 725 articulated dump truck, in good condition. Truck was converted to a POSI-shell truck, bed no longer Management needed. Will not be replaced. 319 N/A Kim Roane Environmental Rockland grappler loader bucket, in good condition. Do not use. Bucket is too large and heavy for intended use. Will Management not be replaced. 320 N/A Kim Roane Environmental Root rake for blade of a D7 size bulldozer, in good condition. Do not use. No longer have land needing to be cleared. Will not Management be replaced. 321 Serial # 3250 116-9713, Kim Roane Environmental 2013 CAT front end loader bucket, Model 292-9191, fits a 926 size In poor condition. Will not be replaced. 9W-8142 Management loader, broken and in pieces (used for spare parts), in poor condition. 322 20566 VIN # 1FTBW2ZG3GKA32586 Julia LaBombard Sheriff 2016 Ford Transit Transport Van, in poor condition, transmission is 237,190 In poor condition. Cost of repairs is excessive. Will be replaced damaged. with new. 323 019868 VIN # 1FTSX2B51AEA52167 Julia LaBombard County Fire 2010 F-250 Super Duty 5.4L, engine damage (#1 cylinder dropped a 213,997 In poor condition. Cost of repairs is excessive. Will be replaced valve into the engine). with new. 324 N/A Julia LaBombard Facilities Lot containing (50) Georgia Pacific single roll and (8) San Jamar Replaced with new under state contract. Management double roll toilet tissue dispensers. In good condition. 325 N/A Julia LaBombard Facilities Lot containing (51) SCJ Professional touchless soap dispensers. In Replaced with new under state contract. Management good condition. 326 N/A Julia LaBombard Facilities Lot containing (44) LoCor Solaris touchless hard wound roll towel Replaced with new under state contract. Management dispensers. In good condition. 327 Julia LaBombard Board of Lot containing (5) computer monitors and (8) computer keyboards. No longer compatible. Will be replaced with new. Elections Equipment in good to fair condition. 328 Julia LaBombard Board of Lot containing (47) black suitcase -type voting booths. In good to fair Equipment is out-of-date. Will be replaced with new. Elections condition. 329 Julia LaBombard Board of Lot containing (13) HP LaserJet 2035 printers and (5) HP LaserJet Equipment is out-of-date. Will be replaced with new. Elections Professional P1606dn printers. In fair to good condition. 330 Julia LaBombard Board of Lot containing (152) model 278A toner cartridges from various No longer have compatible equipment. Will be replaced with Elections manufacturers. Cartridges have not been used. Condition unknown. new. 331 Julia LaBombard Board of Lot containing (5) boxes of various electrical cords, (3) underground No longer have compatible equipment. Will be replaced with Elections extension cords and (1) box of Byrne electrical conduit/wiring new. system, various lengths, for office furniture. Condition unknown. 332 Julia LaBombard Facilities Lot containing various filing and storage cabinets: (1) 4-drawer Poor condition. Replaced with new. Management lateral, (7) 4-drawer letter, (2) 4-drawer legal, (5) 2-drawer letter, (1) 4-ft overhead cabinet, (1) 4-compartment locker, (1) tall 2-door supply cabinet 333 Julia LaBombard Facilities Lot containing (3) rolling carts, (1) hanging file rack, (1) 3-shelf wood Items no longer needed or in poor condition. Management bookcase, (2) bins of metal shelf ends, (14) metal shelves and (1) grey storage cabinet 334 Julia LaBombard Facilities Lot containing (19) desk chairs, (3) stools, (19) miscellaneous In poor to fair condition. Replaced with new. Management guest/side chairs and (1) green plastic chair 335 Julia LaBombard Facilities Lot containing miscellaneous office equipment: (1) paper sorter (fair No longer needed. Will not be replaced. Management condition), (1) Panasonic Model KX-D400 electronic typewriter (powers on, but some functions don't work), (1) articulating keyboard tray, (1) VersaDesk foot rest, (3) lamps, (1) box of misc. office supplies, (2) coat racks, (1) shredder, (5) plexiglass holders, assorted paper trays/organizers, (3) chair mats and (1) box of clipboards 336 Julia LaBombard Facilities Lot containing miscellaneous cubical pieces, various styles and sizes No longer needed. Will not be replaced. Management I Board of Commissioners - June 6, 2022 ITEM: 8- 3- 1 Page 1 of 4, 5/20/2022 EXHIBIT A - AUCTION LIST Auction # GoID#als FA # Serial # Contact Name Department Description Mileage Reason for Disposal 337 SN #20306004316, 04114065 Julia LaBombard Sheriff Lot containing (1) CEIA HIPE/PTZ walk-through metal detector, (1) No longer needed. Will not be replaced. Fisher Labs Metal Defender walk-through metal detector, (1) walk through metal detector w/ SN 04114065, manufacturer unknown, (1) Motorola Morpho Trak Model LSS-R fingerprint scanner. Condition unknown. 338 Julia LaBombard Sheriff Lot containing (1) GE Carescape V100 and (1) GE ProCare Replaced with new. auscultatory 200 blood pressure monitors. Condition unknown. 339 Julia LaBombard Sheriff (1) Alliance model UW80PVNU6001 commercial washer Condition unknown. Replaced with new. 340 Julia LaBombard Sheriff Lot containing (5) Amara washing machines, (1) refrigerators, (3) Condition unknown. Replaced with new. Amana dryers model NED4655EW1 and (1) GE 1150w microwave modelJES1667SMISS 341 Julia LaBombard Facilities Lot containing (4) desks, (1) L-shaped desk with left return, (1) In poor condition. Replaced with new. Management credenza with 3 metal roll -up doors 342 Julia LaBombard Sheriff (2) heavy duty rolling carts. In poor condition. Replaced with new. 343 Julia LaBombard Sheriff (1) Blower assembly model BLA18-18AC 1.00BB Condition unknown. Replaced with new. 344 Julia LaBombard Sheriff Lot containing (42) Otter Box, (5) MBLAI and (3) unknown brand cell Replaced with new. phone cases and (4) Verizon cell phone pouches. Used, condition unknown. 345 Julia LaBombard Facilities Lot containing various cleaning equipment: (1) Aztec Proscrub model Aztec floor machine not operational. Vacuums good for parts Management AS0301202 Floor Machine with Industrial battery charger, (1) Castex only. All others, condition unknown. Will be replaced with new. carpet extractor, (1) Windsor Floor Extractor, (1) Parker outside parking lot vacuum, (1) Nobles floor scrubber, (5) Karcher floor buffers, (2) Clarke CFP-Pro floor buffers, (1) Windsor Merit floor buffer, (1) Clark S12 vacuum, (2) Karcher CVU 30/1 vacuum, (1) Windsor Versamatic Plus VSP14 vacuum, (1) Sensor SR12 vacuum, (2) Sensor S12 vacuums, (1) Banks vacuum model 4101H, (1) Windsor Radius deluxe 346 Julia LaBombard Board of Lot of (32) 4-station Franklin Voting Booths, missing curtains. No longer needed. Replaced with new. Elections 347 Julia LaBombard Board of (1) large metal box w/ locking clasp, foam interior, dimensions: No longer needed. Will not be replaced. Elections 35"Wx31"Hx30" D. Good condition. 348 Julia LaBombard Sheriff Lot containing (1) Hobart meat slicer, (1) Frymaster model PF50 Replaced with new. commercial fry filter, (1) Hobart model 84186 stainless steel commercial food prep machine. Condition unknown. 349 Julia LaBombard Facilities Lot containing (1) Orion TV, (1) Luxor audio/visual cart with drawer Replaced with new. Management and (1) Sony handycam camera model DCR-TRV70 350 Julia LaBombard Facilities (1) Oasis water cooler model PBDISHS. Condition unknown No longer needed. Replaced with new. Management 351 Julia LaBombard Facilities Lot containing (1) dark green cushioned bench, (1) 3-piece floral wall No longer needed. Will not be replaced. Management art, adhesive window clings, (3) small conference tables, (2) artificial plants. Poor to fair condition. 352 Julia LaBombard Sheriff Lot containing (14) Metro Max Q 4-tier plastic shelving units and (2) In poor condition. Replaced with new. Metro 4-tier metal shelving units 353 20154 1M04X2S]LCM080131 Julia LaBombard Parks & Gardens 2012 John Deere TS Gator, 2,748 equipment hours, ran at the time Equipment hours. Replaced with new. of surplus 354 016163 1M04X2SJHBM061563 Julia LaBombard Parks & Gardens 2011 John Deere TS Gator, 3,940 equipment hours, ran at the time Equipment hours. Replaced with new. of surplus 355 20008 1M04X2SJVCM070843 Julia LaBombard Parks & Gardens 2012 John Deere TS Gator, 4,106 equipment hours, ran at the time Equipment hours. Replaced with new. of surplus 358 019607 Z8DB08556 Julia LaBombard Parks & Gardens 2008 New Holland T2310 Tractor with XD75 bush hog and 250TL Age of equipment. Replaced with new. bucket attachments, 1,433 equipment hours, ran at the time of surplus, busted headlight, rear fenders cracked, seat in poor condition, rusted bucket 359 20153 1M04X2SJLCM080436 Julia LaBombard Parks & Gardens 2011 John Deere TS Gator, 2,517 equipment hours, ran at the time Equipment hours. Replaced with new. of surplus Board of Commissioners - June 6, 2022 ITEM: 8 - 3 - 2 Page 2 of 4, 5/20/2022 EXHIBIT A - AUCTION LIST Auction # GoID#als FA # Serial # Contact Name Department Description Mileage Reason for Disposal 360 016890- VIN # 1FTNW20L41EB81666 Julia LaBombard Parks & Gardens 2001 Ford F250 Crew Cab, white, 4x2, 5AL V8 engine, minor dents 85,550 Leaking oil and seats damaged. Replaced with new. 00 and scratches, tires in good condition, AC works, seats damaged, leaking oil from head gaskets, was running at time of surplus 361 Julia LaBombard NE Library (3) green freestanding divider panels. Good condition Will be replaced with new. 362 Julia LaBombard NE Library Lot containing (2) large kidney shaped tan tables, (10) small green & Will be replaced with new. blue desks, (2) small side tables, (2) triangle tables. Good condition 363 Julia LaBombard Facilities Lot containing meters & lockout kits: (1) Yokogawa halogen leak Fair condition. Replaced with new. Management detector H-10b, (1) Yokogawa meg 2405-01, (3) Simpson vol-ohm milliammeter 260, (1) DV-41 digital micro gauge, (4) incomplete lockout kits 364 Helen Nelson Technology IT -LOT 1: containing approx. (51) misc. monitors (Dell/HP/Planar). Replaced with new. Items are not guaranteed to be in working condition 365 Helen Nelson Technology IT -LOT 2: misc. printers/scanner (HP/Epson/Zebra/Canon). Items are Replaced with new. not guaranteed to be in working condition. 366 Helen Nelson Technology IT -LOT 3: containing approx. (60) misc. monitors (Dell/HP/Planar). Replaced with new. Items are not guaranteed to be in working condition. 367 Helen Nelson Technology IT -LOT 4: containing misc. computer, video servers, video encoder, Replaced with new. Cisco Switch, APC battery backups, large scanners, Polycom Unit and Cisco AP's. Items are not guaranteed to be in working condition. 368 Helen Nelson Technology IT -LOT 5: containing approx. (51) misc. monitors (Dell/HP/Planar). Replaced with new. Items are not guaranteed to be in working condition. 369 Helen Nelson Technology IT -LOT 6: containing approx. (87) Dell desktop computers (Model Replaced with new. 5040/7010/7020). Hard drives have been removed. Ram & processors were not intentionally removed. Memory is unknown. Items are not guaranteed to be in working condition. 370 Helen Nelson Technology IT -LOT 7: containing approx. (50) HP/Dell laptops. Hard drives have Replaced with new. been removed. Ram & processors were not intentionally removed. Memory is unknown. Items are not guaranteed to be in working condition. 371 Helen Nelson Technology IT -LOT 8: containing misc. cables, connectors, USB Cable, power Replaced with new. cables and misc. items. Items are not guaranteed to be in working condition 372 012942 Julia LaBombard Sheriff Lighted glass trophy cases in good condition No longer needed. Will not be replaced. 373 Julia LaBombard Facilities Lot of miscellaneous tools, parts & safety cones: (6) Cadweld molds, In fair condition. Replaced with new. Management (1) Milwaukee grinder model 6148, (2) Craftsman impact drivers model CMCF800, (2) Craftsman drill drivers model CMCD700, (1) Craftsman Sawzall model CMCS300, (1) Craftsman wet/dry vac model CMCV002, (1) DeWalt hammer drill model DCD950, (1) DeWalt drill model DC720, (4) 29" safety cones, (7) 18" safety cones 374 Julia LaBombard Facilities (4) maroon task chairs in good condition Replaced with new. Management 375 Julia LaBombard Facilities (1) Sentry Safe (with combination) in good condition No longer needed. Will not be replaced. Management 376 Julia LaBombard Facilities (1) brochure/display rack. In good condition. No longer needed. Will not be replaced Management 377 Julia LaBombard Sheriff (18) metal floor grates various sizes Replaced with new. 379 Julia LaBombard Facilities (1) free-standing chalk board No longer used. Replaced with new. Management 380 Julia LaBombard Sheriff Lot containing (1) Motorola Radio/Charger model ntn1177c, (1) Outdated/No Longer Used. Lexmark Copier/Fax model T640/SN 10895736, (2) Canon Scanner Image Formula DR-2010C/M11065, (1) Panasonic Digital Camera model LSGN1938, (2) Sony Digital Cameras model MVC-FD97 N50, (1) set of Creative computer speakers model C8MF004040600, (1) Fellowes Book Binder model CRC 52173 Board of Commissioners - June 6, 2022 ITEM: 8- 3- 3 Page 3 of 4, s/zo/zozz EXHIBIT A - AUCTION LIST Auction # GoID#als FA # Serial # Contact Name Department Description Mileage Reason for Disposal 381 23514082835 Julia La Bombard Facilities Clarke Forklift: Model No C500 20. Not running, reason unknown. Outdated/No Longer Used. Management 382 20532 2071 Julia LaBombard Stormwater 1999 Daewoo Solar 220LC excavator, with (1) V 60 in. bucket and (1) Poor condition. Services 60 in. ditch bucket. Diesel engine with 2,162 hours. Needs repairs. Starts, but will not shut off when cut off; engine loss of power. Right track will not stop when machine is running. All doors damaged and missing parts. Rust on frame & floor and missing parts. Windows cracked. 383 016985- 101397 Julia LaBombard Environmental 2000 Grizzly ULV Sprayer. 18 HP. In fair condition Replaced with new. 00 Health 384 Julia LaBombard Sheriff Lot of 8 office cubicles with work stations containing overhead Replaced with new. shelving units/cabinets, quartet bulletin boards, pedestal drawers and filing cabinets and undermount lights. Overall size is approximately 30 ft. x 16 ft. Was configured as 2 rows of 4 cubicles. Cubicles and work stations have been disassembled. In good condition. Board of Commissioners - June 6, 2022 ITEM: 8 - 3 - 4 Page 4 of 4, 5/20/2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Regular DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief CONTACT(S): Donnie Hall SU BJ ECT: Consideration of Purchase of Property for Future Gordon Road Fire Station BRIEF SUMMARY: Fire Rescue is constantly monitoring growth and its impacts to service delivery in the unincorporated portions of New Hanover County. In the northern portion of the county, extensive growth has been experienced in the vicinity of Gordon Road. This growth has resulted in an increase in travel times to emergency incidents. Due diligence has been completed for the parcel at 6102 Gordon Road, which is located across from the intersection of Gordon Road and Indian Wells Way. The agreed upon price for the 1.02 acres is $225,000. At the April 4th, 2022 board presentation, when the board approved the county manager to proceed with executing the requirements to purchase (through bidding) 6068 Gordon Road due to the court ordered sale, 6102 Gordon Road was also noted as the adjacent parcel under contract. This necessitated these parcels being presented separately. Once both parcels are secured, they will be combined for a site to build a fire rescue station to serve the Gordon Road area of New Hanover County. A Phase 1 Environmental Survey has indicated the site is suitable for a fire station. A preliminary site layout has been completed that includes both parcels, confirming adequate space for a fire rescue building. Fire Rescue has coordinated with NC DOT for preliminary concept regarding emergency access with the Gordon Road Widening Project. NHC Planning and Land Use, NHC Stormwater and Cape Fear Public Utility Authority have been involved in evaluating the site for suitability with no concerns identified. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Reduce or prevent community risks RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the purchase of the property and grant authority for the county manager and county attorney to execute all necessary documents for closing on the property. ATTACHMENTS: Board of Commissioners - June 6, 2022 ITEM: 9 6102 Gordon Road Contract 6102 Gordon Road Map View 6102 Gordon Road Photo COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - June 6, 2022 ITEM: 9 New Hanover County Contract #22-0522 AGREE TYMNT FOR PURCHASE AND SALE OF IMPROVED REAL PROPERTY THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between Nesy Hanover Countv a(n) N ' C Coun ("Buyei"), and (individual or State of forniationmd type of entity) --Ck!j!topher Theodore Lutterloah — — ---- ----- --- -- - ---------- a(n) Individual ("Seller"). - -- -------- (individual or State of formation and type of entity) (NOTE: If the Buyer or Seiler is an entity, in order to for a binding agreement and complete a transaction, the entities listed as Buyer or Seller in this Agreement should be validly formed and in good standing with the Secretary of State in the State of formation of the entity®) FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, TIE PARTIES HERETO AGREE AS FOLLOWS: Section I. Terms and Definitions. The terms listed below shall have the respective meaning given them as set forth add acent to each tens. (a) (Address) §jN_Gordon Road, Wilmi!%ton, NC Plat Reference: Iot(s) Block or Section as sbown on Plat Book or Slide County, consisting of at pago(s) . ...... acres. If this box is checked, "Property" shall can that property described on Exhibit A attached hereto and incorporated herewith by reference, (For infonnation purposes: (i) the tax parcel number of the Property is: 104310-004-012-000 and:, (ii) some or all of the Property, consisting of apt roxirnately _ L02 .— acres, is described in Deed Book 598 , Page No, __ 411 NewHanaver-- county.) together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any, iternized on Exhibit A. S 225,000,00 (b)!jturdwss Price" shall mean the hunt of Two Hundred Twentv-flve Thousand Dollars, payable on thefollowing terms: 5,000m) (i) !LEarnest Money" shall mean Five Thousand Dollars or terms as follows: The Eats est Money shall be deposited in escrow With Creative Commercial Properties, Inc. (name of person/entity with whom deposited- "Escrow Agenf') within five (5) calendar days of the Contract Date, to be applied as part payment of the Purchase Price of the Property at Closing, or disbursed as agreed upon under the provisions of Section 10 herein. Should Buyer fail to deliver the Earnest Money by the date required hereunder, or should any check or other funds paid by Buyer be dishonored, for any reason, by the Page I of 9 0] This form jointly approved by; STANDARD FORM 580-T North Carolina Bar Association Revised 7/2020 REALTORM North Carolina Association of ,AC TORS Inc. @ 7/2021 Ia Buyer Initials Seller Imt, Cr-tiv, Commercial PropmiN, I.r_ PO fax 56,15894 Hwy 17 North 11an pstca Phone: (%T0)270,S 100 Fax: (910) 270-5110 6102 rdaa 1o2d Mi chael Nadvxu Produced with lone Wolf TransacUons (xlpr%rm Edhionj 717 N Harwood St, Suite 2200, Dallas, TX 75201 ly Aw�qff& -Qrn Board of Commissioners - June 6, 2022 ITEM: 9 - 1 - 1 the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice of such dishonor to deliver cash, official bank check, wire transfer or electronic transfer to the Escrow Agent. If Buyer fails to deliver the required fonds within one (1) banking day after written notice, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received acknowledgement by Escrow Agent of its receipt of funds from Buyer. If the Escrow Agent has not delivered to the Seller the acknowledgemcnt of Earnest Money on the last page of this Agreement by the calendar day following the date the Earnest Money is required to be delivered hereunder, it shall be presumed that the Earnest Money was not delivered by the required time (unless, upon the written request of Seller, Escrow Agent can provide proof of its receipt of the Earnest Money by the required time). Buyer and Seller consent to the disclosure by the Escrow Agent, to the parties to this Agreement, the Broker(s) and any Buyer lender, of any material facts pertaining to the Earnest Money, [g ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (eheck only ONE box) [] ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREW (Buyer's Taxpayer Idenfifleation Number is: W ANY INTEREST EARNTD THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. NZ,k (h) D&&ygry 2L-q-pxQmajQIW n&k secured by a deed of trust, said promissory note in the amount of Dollars being payable over a to of —_ years, with an amortization period of _ years, payable in monthly installments of principal, together with accrued interest on the outstanding principal balance at the rate of percent ( _ %) per annutn in the amount of $ with the first principal payment beginning on the first day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit B, At any time, the promissory note may be prepaid in whole or in part without penalty and without her interest on the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. If such senior fmancing is subsequently foreclosed, the Seller may have no remedy to recover under the note.) 220 000.00 (in) _C, a htheamunHundrwe ed nty L, balance of Purchase Price, at Closing in ot of Two Thousand Dollars. Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of any loan Buyer intends to obtain in connection with the transaction contemplated by this Agreement. (Note- Buyer's obligations under this Agreement are not conditioned upon obtaining or closing Rny 102n. Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Examination Period allows sufficient time for Buyer's lender to provide Buyer sufficient information to decide wNether to proceed with or terminate the transaction.) (c) !KLQLinp_" shall mean the date of completion of the process detailed in Section 11 of this Agreernea Closing shall occur on or before or 30 days frow Examination Period Expiration (d) _"Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller. I>ge 2 of 19 Buyer Initials Seller Initials STANDARD FORM 580-T Revised 712020 C) 712021 MY&M, Board of Commissioners - June 6, 2022 ITEM: 9 - 1 - 2 (a) LExornination Perie(Fl shall mean the period beginning on the first day after the Contract Date and extending through 5.-OOpm (based upon time at the locale of the Property) on 120 days from Contract Date TIME IS OF THE ESSENCE AS TO THE EX4MIAIA SION PERIOD. (f) "! flck rf " shall mean: ("Listing Agency"), ("Listing Agent" - License # Acting as and Creative CommerciallPrEroperries, Inc, ("Selling Agency"), Henry Nadeau - ("Selling Agent" - License # 267682 Acting as: X Buyer's Agent; Seller's (Sub) Agent; [] Dual Agent (g) !!elier°s �ce A�ddress° shall be as follows: 100 Circle Drive e-mail address: fax number: except as sarne may be changed pursuant to Section 12, (h) shall be as follows: 230 Government Center Drive. Suite 195 e-mail address: LCC�ovdri 1�@,NHCG�OV ca�m fax nuniber: except as same may be changed pursuant to Section 12. EX] (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by reference. (Note. Under North Carolina law, real estate agents are not permitted to draft conditions or contingencies to this Agreement.) If this block is marked, additional terms of this Agreement are set forth on the Additional Provisions Addendurn (Fonn 58 I-T) attached hereto and incorporated herein by reference. (k) If this block is marked, additional terms of this Agreement are set forth on the Back Up Agreement Addendum (Donn 5 8 1 A-T) attached hereto and incorporated herein by reference. Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase Price, Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), ]cases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit 13, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations tinder this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees of taxes required by law, any fees required for confirming Seller's account payment information on owners' association dues or assessments for payment or proration; any fecs imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Agreement other than those fees required to be paid by Buyer in this Section 3 below, and the following: Nc,mne Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations undertaken by Buyer under this Agreement, charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contribotions, membership fees, or charges for Buyers use of the common elements and/or services provided to Buyer, any costs or charges for determining restrictive covenant compliance, and the following: None F,,ach pasty sliall pay its own attorney's fbes. Page T� of 9 Buyer Initials Seller IaiitiaGSTANDARD FORM 580-T Revised 7/20ZO 07/2021 Produced with Lane Woff Transeeflons (OpForm Edhion) 717 N Harwood St, Sulle 22DO, Dallas, TX 75201 MccLcLWL= 614)2 Gurdon Board of Commissioners - June 6, 2022 ITEM: 9 - 1 - 3 this provision insofar as delivery and return of information and documentation, then the terms of such non -disclosure, confidentiality, or similar agreement shall control as to the delivery and return of information and documentation, ,, ''I X-WoFPF7TNMWOjU Mic EU Cue rINTFUlty-171 -FTEPPLIT71UT-771=111 7=11= , RfVUy !X F W1 Tural free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (as defined in Section 7, if applicable) and (c) specific instruments on the public record at the Contract Date agreed to by Buyer (not objected to by Buyer prior to the end of the Examination Period), which specific instruments shall be enumerated in the deed referenced in Section 11 (items 5(a), 5(b) and 5(c) being collectively "Permitted Exceptions"); provided that Seller shall be required to satisfi-o at or prior to Closin ".14v encumbrances that mao be satisfied bW the aly ixed s of moneew such as deeds of trust ment of a f um. mortgages or statutory liens, Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit. A) after the Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed. conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the followiAg conditions: (a) lidtliaminziLga: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title is not fee sialple insurable, subject onli to Permitted Exceitions, then Bwer shall oromotli trou Sellir in, ritin f jil siih title 4efiects an If Seller does not cure the defects or Obiections within diiay-�30) days of notice thereof_. then Buyu-may terminate this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions. (b) 5w&q-C&ndifi of the 0 -Q-n-: If the Property is not in substantially the same condition at Closing as of the date f the c wom, �dd- "—Acar and tear excepted, then the Bu= maq(J�p terminate this -mement and receive a), i proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Sellefs insurance procee payable on account of the damage or destruction applicable to the Property. N ,_�>gI' e4t /' "I"' STANDARD FORM 580-T Buyer Initials Seller Initials L�-11 � � i, -,, V--) Revised 7/2020 MOM Produced whh Lone Welt Transactions (ApForm Edition) 717 N Harwood S1, Suite 2200, Dallas, TX 75201 S_V_%1UL1fivLv1 6102 Gordon Board of Commissioners - June 6, 2022 ITEM: 9 - 1 - 4 review and inspect all contracts or other agreements affecting or related directly to the Property mid shall be entitled to review such not disclose any infon-nation regarding this Property (or any tenant therein) unless required by law, and the same shall be r ga confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentty, Buyer assumes all responsty for the acts of itself and its agents or representatives in exercising its rights under this Section 6(c) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement, Except as provided in Section 6(b) above, Buyer shall have from the Contract Date through the end of the. Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY. Section 7. Leases (Check one of the following, as applicable): [] If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) affecting the Property. [g If this box is checked, Seller discloses that there are one or more leases affecting the Property ("Leases") and the following provisions are hereby made a part of this Agreement. (a) A list of all Leases shall be set forth on Exhibit B. Seller represents and warrants, that as of the• Contract Date, there are no other Leases, oral or written, recorded or not, nor any subleases affecting the Property, except as set forth on Exhibit B; Buyer may reasonably request, Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to; those substances, materials and wastes listed in the United W 40,11 petroleum, (d) asbestos, (in) polychlorinated biphenyls, (iv) designate4 as a Hazardous Substance pursuant to Section 311 of the Clean Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 US.C. §1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C, §6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and -1 1? age 5 of 9 Buyer Initials ----------- -1-11111111111 Sellerbiffial STANDARD FORM 580-T Revised 7/2020 C 7/2021 Produced Wilh Lone Wolf Transactions (zipFum 11717 N Harwood $1, Suite 2200, Dallas, TX 75201 Mv_&coV&M. 6102 Gordon Board of Commissioners - June 6, 2022 ITEM: 9 - 1 - 5 may have been disposed of or stored on neighboring tracts, repair of the Property, including any improvements, unless the parties hereto agree in writing. Millest rVIVIlcy ku C11101 So' 11 not U011SLIEULU a pullany ot Min Yor Sener-s anucipacel, loss, Our"" acknowledging the difficulty determining Seller's actual damages for such breach. NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money held in escrow, a licensed real er ig rsitraired by state law (and Escrow A ent, if not a broker a#Aecsj to retain the Earrii Morii in the Escrow rim CUM 1 11 o.'arD1111H. Is 1101UHIg LHV ZMAUbt, WILUIVY, UIC ULVKt;i LrL ZILLMICY Uir, X01 I A Vb Witil 111V applopriatc Ulcm Q1 accordance with the provisions of N.C.G.S. §93A- 12. Seller and Buyer hereby agree and acknowledge that the Escrow Agent assumes no liability in connection with the holding of the Earnest Mone .1)]l suant hereto except for no , 1�-� ble TOY-MiNf- i "7�IIII to indemnify, protect, save and hold harmless Escrow Agent and its successors, assigns and agents pursuant to this Agreement, from any and all liabilities, obligations, losses, damages, claims, actions, suits, costs or expenses (including attorney fees) of whatsoever kind or nature imposed on, incur -red by or asserted against Escrow Agent which in any way relate to or arise out of the execution and delivery of this Agreement and any action taken hereunder; provided, however, that Seller and Buyer shall have no such obligation to indemnify, save and hold harmless Escrow Agent for any liability incurred by, imposed upon or established against it as a result of Escrow Agents negligence or willful misconduct. Purchase Price. The Closing shall be conducted by Buyer's attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until the Buyers attorney's (or other designated settlement agent's) receipt of authorization to disburse all necessary funds. e e IWL," Vj An%laU1111c; HLUJUVII 11 ui VIUVIUVU In ouutloll Iiig) as to Dvncd�, ano 111,5ectluil lkll� as UA UIC date deposited with a recognized overnight delivery service, addressed to the addresses set out in Section 1(g) as to Seller, and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith. If a notice is sent by more than one method, it will be deemed received upon the earlier of the dates of receipt pursuant to this Section. IN e 60 of 9 Buyer Initials Seller Initials Produced torn Lone it Transactions (ApForm Edh Non) 717 N Harwood St, Suits 2200, Dallas, TX 75201 ViesykvDif.corn 'Y'F, RFVFqW V �,W Revised 7/2020 C 7/2021 Board of Commissioners - June 6, 2022 ITEM: 9 - 1 - 6 Section 13. Counterparts; Entire Agreement: This Agreement may be executed in one or more counterparts, which taken together, shall constitute one and the same original document. Copies of original signature pages of this Agreement may be exchanged via facsirmle or e-mail, and any such copies shall constitute originals. This Agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto. The invalidity of one or more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be construed and enforced as if such invalid provisions were not included. ME initials lines shall not be a condition of the effectiveness of this Agreement, This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns and their personal representatives, respeuL Lo me rlu 111LY, kill as'LIU115, a& me c"-U11CCTJ[1 applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending Or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows (Insert "None" or the identification of any matters relating to (i) through (iv) above, if any): Y pending or confirmed; (h) a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether, at the time of Closing, it is payable in a lump sum or future installments; (iii�) a "pending" special assessment is defined as an assessment that is under formal consideration by a governmental agency or an owners' association but which has not been approved prior to Closing, Seller shall pay, in full at Closing, all confirmed governmental or association special assessments, provided that the amount thereof can be reasonably determined or estimated. The payment of such determined or estimated amount shall be the final payment between Buyer and Seller as to any confirmed special messments. if the amount of any special assessment cannot be reasonably determined or estimated, the special assessment shall be deemed a pending special assessment, Buyer shall take title subject to all pending special assessments disclosed by Seller herein, if any. (b) To Seller's actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (n) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other artv ir bv which Seller or the Priertv is bound, and (iii) there are no leial actions, suits or other legal ON* auluuuhtlauvc. p1*,UUU'sH1rN FL;1AAHV, UN till in any such action, suit or other proceeding. (a) Owners! -Association: If the Property is subject to regulation by an owners' association, Seller shall deliver the follawing information to Buyer pursuant to Section 4 as if the same were listed therein (or Seller shall state that Seller does not have same in their possession or that such item is not applicable)- (i) the name of the owners' association; (it) the amount of regular assessments (dues); (in) the name, address and telephone number of the president of the owners' association or of the association manager Or management company; (iv) the owners' association website address; (v) the Seller's staternent of account; (vi) the master insurance policy showing the coverage provided and the deductible amount; (vii) copies of any Declaration and/or Restrictive Covenants; (viii) the Rules and owners'associ 'on ' ) the current financial statement and biudget of the owners' association; (xi) the parking restrictions and information; and (xii) the architectural guidelines, Seller authorizes and directs any owners' association, any management company of the owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyef s agents, representative, closing attorney or lender true and accurate copies of the foregoing items affecting the Property, including any amendments thereto. rp geV 0t`9 Buyer Initials ScIler Initials( STANDARD FORM 580-T Revised W2021) 07/2021 Board of Commissioners - June 6, 2022 ITEM: 9 - 1 - 7 parties fiereto shall survive i further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer May reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance with this Agreement, Section 17, Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This form has only been approved for use in North Carolina. Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit R Section 19. Tax -Deferred Exchange: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the -ex,chapaiz party shall be responsible for all additional costs associated with such exchange, and provided further that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non -exchanging party, as shall be required to give effect to this provision. Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically ternainates and the Property is released front any effect thereby as of a specific date to be stated in the memorandum (which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall be borne by the party requesting execution of same. Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whose lie or she signs and that his or her signature binds such party. Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless trom any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to the Brokers designated under Section I (f) of this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and (h) that the compensation of the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the Buyer and/or the Seller. Section 23. Attorneys Fees: If legal proceedings are instituted to enforce any provision of this Agreement, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorneys fees and court costs incurred in connection with the proceeding. LJ '7 ETFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as "SIPS" or "synthetic stucco", Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to conditions related to or occasioned by the existence of such materials at the Property. MAKE NO REPRESEN 1A1101 AS"I 0TRE LhUAL VAL101 I Y UK AI)EQUAUY Ot A1_Y­lWUV151TJ7FUF_11`1TS_T__ ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVI FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE Y SIGN IT. Nq­e 8 of 9 Buyer Initials Seller Initials Produced with Lone MY Transaction5 (ApFixm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 zom-&oLgam STANDARD FORM 580-T Revised 7/2020 C) 7/2021 Board of Commissioners - June 6, 2022 ITEM: 9 - 1 - 8 BUYER: Individual ­ ---------- I ................ Date: — ---------- Date: . . . ........ Business Entity Individual Piristopher Aboodore Lutterloah -bate: UM MMMMERIM New Hanover Countf (Maine, of Entity) (N ame - o , f E " i t , i - ty , By: Timothy C. Burgess, 9 ----------- --- By; . . . . ............... . . ........ "I'll . . .............. ­ .... . ........ _­ ... ............ ........ ... Nang Chris Coudriet- ---------- - - - . . . ........... Name: Title: C calaia° ..af Deputy — - — ------- Title: late. March 8,2022 '4'o New libver-County digital signature attached �er:etoandincorporated --herein by reference. WIREFRAUD WARNING To Buyers. Before sending any wire, you should call the closing agent's office to verify the instructions, If you receive wiri instructions for a different bank, branch location, account name or account number, they should be presumed fraudulent. Do not se any funds and contact the closing agent's office immediately. I of the closing agent. If you are unable to attend closing, you may be required to send an original notarized directive to the closi agent's office containing the wiring instructions. This directive may be sent with the deed, lien waiver and tax forms if tho documents are being prepared for you by the closing agent. At a minimum, you should call the closing agent's office to provide t be verified over the telediihone via a call to pou. initiated bp the closiLLU,�ent's officel ensure that they are not from a fraudulent source. I Whether you are a buyer or a seller, you should call the closing agent's office at a number that is independently obtained. To ensure that your contact is legitimate, you should not rely on a phone number in an email from the closing agent's office, your real estate agent or anyone else. The undersigned hereby acknowledges receipt of the Earnest TMoney set forth herein and agrees to hold said Earnest Money in accordance with the terms hereof. Creath,e CommeLcjal P u Llerfies, Inc (Name of Escrow Agent) Date: By: 11en!j N adeau Escrow Agent's contact/notice information is as follows: P.O. Box 56 ROME= e-mail address: !Hltnry@)(�YeadveCmal.b omerciiz fax number: _ --- — - _ except as same may be changed pursuant to Section 11 Page 9 of 9 STANDARD FORM 580-T Revised 7/2020 (D 712021 Pruduced with Lone Wolr Transactions (ApForm Eciftion) 717 N Harwood St, Suite 2200, Dafias, TX 752D1 yLt)ghojf= 6182 Gordon Board of Commissioners - June 6, 2022 ITEM: 9 - 1 - 9 III IIqIII IIIIIII IN 711�11 Pill 3,11 124141 I Seller, prior to closing, shall have the right to remove all real or personal property from the property except the brick home and its fixtures, and the infrastructure for the well and the well q [Pla"M BY: WIMMIMM DATE: March 8,2022 ra �2 S E L L E R:,:,;o Christopher Theodore Lutterloah New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - June 6, 2022 ITEM: 9 - 1 - 10 Signature Page NEW HANOVER COUNTY County Manager ATTEST: jA4+C-0AAm& Clerk to the Board This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: 0 ", p County Finance Officer County Attorney Board of Commissioners - June 6, 2022 ITEM: 9 - 1 - 11 102 Gordon Fond, Wilmington NH R-15 6068 ■ous 604 6004 6006 ■ A 6102 6104 ■ 682 ■ 600 1727 ■ 2009 2001 6100 ■ 6114 6102 ■ 6116 ■ 17_>5 1730 a 1723 Board of Commissioners - June 6, 2022 ITEM: 9 - 2 - 1 6118 17.'. Vicinity Map of 6102 Gordon Rd. Board of Commissioners - June 6, 2022 ITEM: 9 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Regular DEPARTMENT: Budget PRESENTER(S): Martha Wayne, Interim Chief Financial Officer CONTACT(S): Michelle Daniels, Budget Officer and Kemp Burpeau, Deputy County Attorney SU BJ ECT: Public Hearing Economic Development and Economic Incentives Appropriations (limit three minutes) BRIEF SUMMARY: Consistent with General Statute 168.7.1, the Board of County Commissioners is required to notify the public at least 10 days prior to conducting a public hearing for every appropriation or expenditure related to economic development. In addition to the procedural requirements, elected boards are also required to make a specific finding prior to approving any appropriation or expenditure for economic development that the appropriation or expenditure will "increase the population, taxable property, agricultural industries, employment, industrial output or business prospects of the city or county." The following economic development expenditures have been recommended for appropriation in the FY 2022-2023 budget and are under consideration for adoption. If, after conducting the public hearing, the board finds that the appropriations/expenditures identified below will increase the population, taxable property, agricultural industries, employment, industrial output or business prospects for New Hanover County, and the board appropriates the items identified below as part of the FY 2022-2023 Adopted Budget, then no additional board action will be required to expend the funds. New incentives, appropriations or expenditures, or subsequent increases, will require public notice and another public hearing. Economic Development Agencies/Organizations These appropriations will be funded from General Fund revenues of the county. Organization Amount Description of Activities/Expense Arts Council of Wilmington & $45,000 Support arts -driven economic development activities to increase New Hanover County attendance and encourage increased spending in the local economy Cape Fear Resource $4,500 Assess drainage for stormwater systems & watersheds to implement Conservation and Development projects that support communities, businesses & natural resources Cape Fear Council of $27,300 An alliance of service providers, local government agencies & other public Governments Continuum of interests whose common goal is the reduction & ultimate elimination of Care for Homelessness homelessness Cucalorus Film Foundation $25,000 Support seasonal staff for the Cucalorus Film Festival (Film, Stage, Connect) events which encourage visitor/tourist attendance & encourage increased spending in the local economy Board of Commissioners - June 6, 2022 ITEM: 10 Foreign Trade Promotion $2,500 Use its members' expertise to assist New Hanover County small, midsize, Council Marge corporations to expand global sales & thereby offer sustainable good paying jobs Friends of Fort Fisher $4,550 Support programs, lectures, reenactments & activities for local, regional, state & national visitors at the Fort Fisher State Historical site Genesis Block Labs, LLC $25,000 Provide program costs to develop & expand New Hanover County businesses participating in their accelerator program Greater Wilmington Chamber $197,652 Business retention, expansion and recruitment of Commerce Highway 17 Transportation $3,250 Work regularly with the NC General Assembly, the Board of Association in NC, Inc. Transportation & NC DOT leadership to make prioritization &funding for rural, eastern projects more equitable Southeastern Economic $20,313 Assist with project development necessary for the solicitation of grant Development Commission funding from the Economic Development Administration The Southeastern Partnership, $20,000 Provide the regional & targeted industry specific marketing & conduct Inc. familiarization events Wilmington Business $282,391 Provide recruitment/assistance for business expansion and/or relocation Development efforts Wilmington Downtown, Inc. $98,280 Provide activities to increase the number of business, jobs & tax base in Wilmington's Urban Core Wilmington Regional Film $145,992 Promote/assist TV & film production activities to drive local Commission entertainment business growth, support local production infrastructure & businesses Wilmington Symphony $5,000 Provide symphonic music & music education programs through Orchestra performance opportunities for regional musicians & for the community's youth Wilmington International $350,000 Provide jobs & investments through new airlines Airport The following is a list of incentive payments that were previously board approved as outlined in incentive agreement contracts to be paid upon the company meeting specified investment/job requirements: National Gypsum, up to $70,000, and Vantaca, up to $24,000. The source of funding for these incentive payment appropriations and expenditures will be from the General Fund of the county. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing. ATTACHMENTS: Board of Commissioners - June 6, 2022 ITEM: 10 Script Econ Dev Public Notice COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. COMMISSIONERS' ACTIONS: Conducted public hearing. Adopted Economic Development and Economic Incentives Appropriations unanimously. Board of Commissioners - June 6, 2022 ITEM: 10 SCRIPT FOR AGENDA ITEM J U N E 6, 2022 CHAIRMAN OLSON-BOSEMAN: Is there a motion to open the public hearing? Motion: Second: Vote: I will now open a public hearing to receive comments on appropriations and expenditures for economic development. The source of funding for these appropriations and expenditures will be from the General Fund. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. The economic development expenditures that follow have been recommended for appropriation in the FY22-23 budget and are under consideration for adoption. The public is invited to comment on the following appropriations and expenditures as shown on the screen: • Economic Development Agencies/Organizations • Previously Approved Contractual Incentive Payments Hear comments, if any Is there a motion to close the public hearing? Motion: Second: Vote: Board of Commissioners - June 6, 2022 ITEM: 10- 1 - 1 SCRIPT FOR AGENDA ITEM J U N E 6, 2022 I will now close the public hearing. (A separate script will be made available designating which members may vote on specific appropriations.) Board of Commissioners - June 6, 2022 ITEM: 10- 1 - 2 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE THAT THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WILL HOLD A PUBLIC HEARING ON MONDAY, JUNE 6, 2022 AT 4:00 P.M., OR THEREAFTER, IN THE ASSEMBLY ROOM OF THE NEW HANOVER COUNTY COURTHOUSE, 24 NORTH THIRD STREET, ROOM 301, WILMINGTON, NORTH CAROLINA FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT ON APPROPRIATIONS AND EXPENDITURES FOR ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENTS. THE PURPOSE OF ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENTS ARE TO INCREASE THE POPULATION, TAXABLE PROPERTY, AGRICULTURAL INDUSTRIES, EMPLOYMENT, INDUSTRIAL OUTPUT OR BUSINESS PROSPECTS FOR NEW HANOVER COUNTY. FOR FISCAL YEAR 2022-2023 THE COUNTY IS CONSIDERING APPROPRIATING THE FOLLOWING ECONOMIC DEVELOPMENT/INCENTIVE EXPENDITURES AS PART OF THE FY22-23 BUDGET: Arts Council of Wilmington & New Hanover County, $45,000, Support arts -driven economic development activities to increase attendance and encourage increased spending in the local economy; Cape Fear Resource Conservation and Development, $4,500, Assess drainage for stormwater systems and watersheds to implement projects that support communities, businesses and natural resources; Cape Fear Council of Governments Continuum of Care for Homelessness, $27,300, An alliance of service providers, local government agencies and other public interests whose common goal is the reduction and ultimate elimination of homelessness; Cucalorus Film Foundation, $25,000, Support seasonal staff for the Cucalorus Film Festival (Film, Stage, Connect) events which encourage visitor/tourist attendance and encourage increased spending in the local economy; Foreign Trade Promotion Council, $2,500, Use its members' expertise to assist New Hanover County small, midsize, and large corporations to expand global sales and thereby offer sustainable good paying jobs; Friends of Fort Fisher, $4,550, Support programs, lectures, reenactments and activities for local, regional, state and national visitors at the Fort Fisher State Historical site; Genesis Block Labs, LLC, $25,000, Provide program costs to develop and expand New Hanover County businesses participating in their accelerator program; Greater Wilmington Chamber of Commerce, $197,652, Business retention, expansion and recruitment; Highway 17 Transportation Association in NC, Inc., $3,250, Work regularly with the Board of Commissioners - June 6, 2022 ITEM: 10- 2 - 1 NC General Assembly, the Board of Transportation and NC DOT leadership to make prioritization and funding for rural, eastern projects more equitable; Southeastern Economic Development Commission, $20,313, Assist with project development necessary for the solicitation of grant funding from the Economic Development Administration; The Southeastern Partnership, Inc., $20,000, Provide the regional and targeted industry specific marketing and conduct familiarization events; Wilmington Business Development, $282,391 Provide recruitment/assistance for business expansion and/or relocation efforts; Wilmington Downtown, Inc., $98,280 Provide activities to increase the number of businesses, jobs and tax base in Wilmington's Urban Core; Wilmington Regional Film Commission, $145,992, Promote/assist TV and film production activities to drive local entertainment business growth, support local production infrastructure and businesses; Wilmington Symphony Orchestra, $5,000, Provide symphonic music and music education programs through performance opportunities for regional musicians and for the community's youth; and Wilmington International Airport, $350,000, Provide jobs and investments through new airlines. The source of funding for these appropriations and expenditures will be from the General Fund of the county. The following is a list of incentive payments that were previously board approved as outlined in incentive agreement contracts to be paid upon the company meeting specified investment/job requirements: National Gypsum, up to $70,000 and Vantaca, up to $24,000. The source of funding for these incentive payment appropriations and expenditures will be from the General Fund of the county. THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WILL RECEIVE PUBLIC COMMENTS ON THESE AGREEMENTS AT THE ABOVE STATED TIME AND PLACE. Kymberleigh G. Crowell, Clerk to the Board of Commissioners New Hanover County, North Carolina Board of Commissioners - June 6, 2022 ITEM: 10- 2 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Regular DEPARTMENT: Budget PRESENTER(S): CONTACT(S): Michelle Daniels, Budget Officer SU BJ ECT: Martha Wayne, Interim Chief Financial Officer Public Hearing on the FY 2022-2023 Recommended Budget (limit three minutes each) BRIEF SUMMARY: Pursuant to General Statute 159-12(b), before adopting the budget ordinance, the board shall hold a public hearing at which time persons who wish to be heard on the budget may appear. This public hearing on the FY 2022-2023 Recommended Budget meets these requirements. Estimated Minutes Agency 3 New Hanover County Schools 3 Cape Fear Community College 3each Other Agencies/Individuals STRATEGIC PLAN ALIGNMENT: Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing. ATTACHMENTS: Script Public Hearing Notice COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. COMMISSIONERS' ACTIONS: Board of Commissioners - June 6, 2022 ITEM: 11 Conducted public hearing. Adopted the FY 2022-2023 Recommended Budget 5-0. Board of Commissioners - June 6, 2022 ITEM: 11 SCRIPT FOR AGENDA ITEM June 6, 2022 CHAIRMAN OLSON-BOSEMAN: Pursuant to General Statute 159-12(b), before adopting the budget ordinance, the board shall hold a public hearing at which time any persons who wish to be heard on the budget may appear. This public hearing on the FY2022-2023 Recommended Budget meets these requirements. Is there a motion to open the public hearing? Motion: Second: Vote: The Board will now hear public comments and open the floor to Board discussion. Hear comments, if any. Is there a motion to close the public hearing? Motion: Second: Vote: I will now close the public hearing. Board of Commissioners - June 6, 2022 ITEM: 11- 1 - 1 PUBLIC NOTICE THE NEW HANOVER COUNTY RECOMMENDED BUDGET FOR FISCAL YEAR 2022- 2023 HAS BEEN SUBMITTED TO THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS. THE BOARD WILL HOLD A PUBLIC HEARING ON THE BUDGET ON MONDAY, JUNE 6, 2022 AT 4:00 P.M., OR THEREAFTER, IN THE ASSEMBLY ROOM OF THE NEW HANOVER COUNTY COURTHOUSE, 24 NORTH THIRD STREET, ROOM 301, WILMINGTON, NORTH CAROLINA. A COPY OF THE RECOMMENDED BUDGET IS AVAILABLE FOR PUBLIC INSPECTION IN THE COUNTY COMMISSIONERS' OFFICE AT THE NEW HANOVER COUNTY GOVERNMENT CENTER, ALL BRANCHES OF THE PUBLIC LIBRARY, AND ON THE NEW HANOVER COUNTY WEBSITE: www.nhcgov.com/Budget. Kymberleigh G. Crowell Clerk to the Board of County Commissioners New Hanover County, North Carolina Board of Commissioners - June 6, 2022 ITEM: 11- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 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 - June 6, 2022 ITEM: 12 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 limited to 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. This request was originally scheduled for the May 2 Board of Commissioners meeting; however, the applicant requested a continuance to work with staff on clarifying the proposed condition on hours of operation. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by NHC 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 concurs with the Planning Board's recommendation of approval. The applicant has requested a clarification of the hours of operation condition to ensure that it is not interpreted to include limitations on ATMs or employee work hours. Staff 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 Board of Commissioners - June 6, 2022 ITEM: 12 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 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. Public hours of operation, excluding ATM machines or similar automated financial machines, shall be limited to between 8 AM and 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 - 6.6.22 Z22-09 Staff Report BOC - 6.6.22 Z22-09 Zoning Z22-09 Future Land Use Z22-09 Neighboring Properties Initial Application Co\,er Sheet Z22-09 Application Concept Plan Omer Sheet Z22-09 Concept Plan Public Comments Coker Sheet Neutral Comment Opposition 1 Opposition 2 Opposition 3 Opposition 4 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with four conditions as presented by staff. COMMISSIONERS' ACTIONS: Approved with four conditions as presented by staff 5-0. Board of Commissioners - June 6, 2022 ITEM: 12 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. Public hours of operation, excepting ATM machines or similar automated financial machines, shall be limited to between 8 AM and 7 PM. Board of Commissioners - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 ' June 0.2O22 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 limited to 8 AM to 7 PM. Z22-09 Staff Report BOC 5.2.2022 Page 16 of 17 Board of Commissioners - June 6, 2022 ITEM: 12- 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 of approval. The applicant has requested a clarification of the hours of operation condition to ensure that it is not interpreted to include limitations on ATMs or employee work hours. Staff 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. Public hours of operation, excepting ATM machines or similar automated financial machines, shall be limited to between 8 AM and 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 - June 6, 2022 ITEM: 12- 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 ❑ Incorporated Areas SHOD Boar e 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: i Board Co missione une ITEM: 1 - 4 1 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 Initial Application Documents & Materials Board of Commissioners - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 ITEM: 12- 7 - 5 "° 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 - June 6, 2022 ---ITEM-:-12- 7 - 6- - • -- 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 1076 COiMVB= STREET 102D CINEMA DRIVE 33MC BRIDGES SIREET GREE3VME, NORTH CAROEINA 27M WTLMNGION, NORM CAROLINA 2s403 MOREHEAD CRY, NORTH CAROLM 2BB57 252.7569352 410.615JD775 252.247.7479 Board of Commissioners - June 6, 2022 ITEM: 12- 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 2786B VWILMN ;M, NORTH CAROINA 28M 252.756.9362 910.815.0775 3302C BRIDGES 9WET MOREHEAD CITY, NOMH CAROLM 2BB57 252.247.7479 Board of Commissioners - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 7 - 10 "Rive U LOD ann rN r-4rl. e Minn. BEER Board of Commissioners — ITEM: 12- 7 I uJJ 230 ONE -L- I .,, C"r-ET 6, P o� b ad�nU ,¢g peaewcH�+t missioners - une , 2022— -- ITEM: 12- 7 - 12 Concept Plan Board of Commissioners - June 6, 2022 ITEM: 12- 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 �0 -' ,. 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� / � s ti� /Pc�- /��� � � . - ' ' ' ................. �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 nAr n .nMM1-R1nnpr. - . IIMP / i O / �, �� , % OF PROPERTY (BUILDINGS) ...... • • • • • 4.7% t5 / '/ ��~ / // �� OF PROPERTY ( TOTAL BUA) • • • • • • • • • • 37.4 % PARK I NG / 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\ jfentNJHFNSTROUDN1PW1:4579�,fREVISED SITE PLAN NO3.dgn --------------------------------------------------------------------------------------------------- Public Comments In Support X Neutral 1 In Opposition 4 Board of Commissioners - June 6, 2022 ITEM: 12- 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) <b>Planning Board</b> ** 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 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 - June 6, 2022 ITEM: 12- 14 - 1 Thursday, April 28, 2022 Rebekah Roth and County Commissioners, My name is Geraldine Stine and I live at 7412 Ridgeview Place. I bought this house in November of 2010, and hoped it would be the last house I would ever have to move to. I am now 96 years old and am very disturbed that Mr. Harris is trying to build some business right behind my back fence. When I bought the house it was my understanding that the buffer of woods behind my house and Market street was part of the neighborhood and would remain in it's natural state. The Original plans of the subdivision even show it was a buffer area. That is why I felt if I bought the house it would remain a quite area while I lived out my last years. Would you please postpone Mr. Harris building on the property behind my house for at least a couple more years. Hopefully then I could finish out my last years in peace. Thank you, Ge-radar W. S-ti ov Geraldine W. Stine Board of Commissioners - June 6, 2022 ITEM: 12- 15 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Current Planner CONTACT(S): Zach Dickerson; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z22-11) - Request by Martie Murphy with SHJ Construction Group, Applicant, on Behalf of Waverly Investments, Property Owner, to Rezone Approximately 1.75 Acres of Land Located at 8005 and 8015 Market St from O&I, Office and Institutional, to (CZD) B-1, Neighborhood Business fora Carwash BRIEF SUMMARY: The applicant is proposing to rezone approximately 1.75 acres to (CZD) B-1 in order to construct a 2,310 square foot drive-thru carwash with an adjacent 896 square foot equipment room, and 30 vacuum stalls on site. The subject site is bounded to the west by Sweetwater Drive and to the east and south by Market Street. The site is located in the Porters Neck Growth Node, and is south of the Porters Neck Walmart. The site consists of two parcels, both of which are currently zoned 0&1. 8005 Market Street was rezoned 0&1 in 2003 for proposed offices. 8015 Market Street was rezoned 0&1 in 2005 for a proposed expansion of the YMCA. However, neither rezoning was conditional and tied to a specific use and conceptual site plan. The 0&1 district is intended to provide lands that accommodate institutional, professional office and other compatible uses. There are a wide variety of uses permitted in 0&I. Common uses include residential, educational, civic (government services) and office (medical, light commercial). The purpose of the B-1, Neighborhood Business District is to provide lands that accommodate a range of small-scale, low -intensity, neighborhood -serving commercial development that provides goods and services to residents of adjacent neighborhoods. District regulations are intended to ensure uses, development intensities, and a development form that is consistent with a pedestrian -friendly walkable and neighborhood scale. Access is proposed to be provided to the subject property from Sweetwater Drive, a private local road. Access on Sweetwater Drive will be full -access in/out. Entrance to Market Street from Sweetwater Drive is right -turn only. Motorists wanting to travel north on Market Street must turn right from Sweetwater Drive and make a U-turn at Marsh Oaks Drive. The net change in the potential trip generation if the site were to be developed under the existing 0&1 district with approximately 13,000 square feet of office space build -out to the proposed (CZD) B-1 shows an approximate increase of 38 peak PM trips. The Institute of Transportation Engineers' Trip Generation Manual estimates 51 PM peak trips under the current 0&1 potential build -out. The Manual does not list AM peak trips for the carwash use but does include peak Saturday trips, which total 41. 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 - June 6, 2022 ITEM: 13 The Comprehensive Plan classifies the site as Urban Mixed Use, and it is located in the Porters Neck Growth Node. The Urban Mixed Use place type promotes development of a mix of residential, office and retail uses at higher densities. This place type encourages commercial use and is intended to support more density near major roads. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the type of commercial service that is appropriate forthis area. The Planning Board considered this application at the May 5, 2022 meeting and moved to recommend APPROVAL (5- 0) of the proposed rezoning to a Conditional B-1 district. The Planning Board recommended the following conditions: 1. A fence shall be included as part of the required vegetative buffer along the northern property line. 2. Any landscaping provided in the submitted landscape plan exceeding the minimum standards of the Unified Development Ordinance shall be retained as part of the development. 3. Hours of operation shall be limited to 8 AM to 8 PM. 4. Architectural features such as stacked stone and brick exterior shall be included in the fagade of the project facing Market Street. The board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area. The board found RECOMMENDING approval of the rezoning request was reasonable and in the public interest because the proposal provides neighborhood -serving commercial development. 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 and intensity for Urban Mixed Use places, the context and compatibility with the immediate surrounding area, and consistency with the New Hanover County Strategic Plan, staff concurs with the Planning Board's recommendation of approval of this application and suggests the following motion with the proposed conditions: I move to APPROVE the proposed rezoning to a (CZD) B-1. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood -serving commercial development. Proposed Conditions: 1. A fence shall be included as part of the required vegetative buffer along the northern property line. 2. Any landscaping provided in the submitted landscape plan exceeding the minimum standards of the Unified Development Ordinance shall be retained as part of the development. Board of Commissioners - June 6, 2022 ITEM: 13 3. Hours of operation shall be limited to 8 AM to 8 PM. 4. Architectural features such as stacked stone and brick exterior shall be included in the fagade of the project facing Market Street. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) B-1. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. ATTACHMENTS: Z22-11 Scdpt BOC Z22-11 Staff Report Zoning Map Future Land Use Map Mail Out Map Initial Application Coker Sheet Z22-11 Application Z22-11 Community Meeting Summary Concept Plan Coker Sheet Concept Plan Public Comments Coker Sheet Public Comments in Opposition COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with 4 conditions as presented by staff. COMMISSIONERS' ACTIONS: Continued to July 11, 2022 to allow for an agreement to be reached for maintenance of Sweetwater Drive 3-1, Vice - Chair Hays dissenting. Board of Commissioners - June 6, 2022 ITEM: 13 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-1 1) Rezoning Request (Z22-1 1) — Request by Martie Murphy with SHJ Construction Group, applicant, on behalf of Waverly Investments, property owner, to rezone approximately 1.75 acres of land located at 8005 and 8015 Market St from 0&1, Office and Institutional, to (CZD) B-1, Regional Business, for a carwash. 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) B-1. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood -serving commercial development. Proposed Conditions: 1 . A fence shall be included as part of the required vegetative buffer along the northern property line. 2. Any landscaping provided in the submitted landscape plan exceeding the minimum standards of the Unified Development Ordinance shall be retained as part of the development. 3. Hours of operation shall be limited to: 8 AM to 8 PM. 4. Architectural features such as stacked stone and brick exterior shall be included in the facade of the project facing Market Street. Board of Commissioners - June 6, 2022 ITEM: 13- 1 - 1 Example Motion for Denial I move to DENY the proposed rezoning to a (CZD) B-1. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. 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 recommending [Approve/Deny] of the rezoning request is reasonable and in the public interest because [insert reasons] STAFF REPORT FOR Z22-1 1 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-1 1 Request: Rezoning to a Conditional B-1 district Applicant: Property Owner(s): Martie Murphy with SHJ Construction Waverly Investments Location: Acreage: 8005-8015 Market St 1.75 PID(s): Comp Plan Place Type: R03600-003-074-000 & R03600-003-075- Urban Mixed Use 000 Existing Land Use: Proposed Land Use: Undeveloped Car Wash Current Zoning: Proposed Zoning: O&I, Office & Institutional (CZD) B-1, Neighborhood Business ZONING ���� �`B-2 \� CZD -2 N B s I-1 ta�O 2�0 F Site ' s�PP R-15 0&1 deC��n9 PI ' s Sad New H Hover ounty, NC SURROUNDING AREA LAND USE ZONING North Commercial Services (Walmart) CZD B-2 East Commercial Services (Battleship Cycles & Marine)- across Market St. I-1 South Commercial Services 0&1, 1-1 West Single -Family Residential R-15 Z22-1 1 Staff Report PB 5.5.2022 Page 1 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 1 74V ZONING HISTORY July 6, 1971 Initially zoned R-15 July 7, 2003 Approved Rezoning Case Z-764: Rezoned from R-15 to 0&1 for proposed offices. July 11, 2005 Approved Rezoning Case Z-797: Rezoned from R-15 to 0&1 for YMCA expansion. COMMUNITY SERVICES Water services are available through CFPUA. Sanitary sewer is available Water/Sewer through CFPUA with a force main connection or can be serviced by a private septic system approved and permitted by the NHC Health Department. 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 L CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Pocosin (801 5 Market St) [not sufficient for minimum distinct area per UDO Table 5.7.2.A but is present on site] Historic No known historic resources Archaeological No known archaeological resources Z22-1 1 Staff Report PB 5.5.2022 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 2 Page 2 of 16 I APPLICANT'S PROPOSED CONCEPTUAL PLAN il :ti. R- E 7 F U E � 4 r s -4 G J f iJd j� V. 1" Q ; 55 o 0 h� Includes Staff Markups • The applicant is proposing to construct a 2310 sq ft drive-thru carwash with an adjacent 896 sq ft equipment room. In addition, there will be 30 vacuum stalls in the northern and central portions of the site. • The applicant's proposed conceptual plan includes preserving several onsite plantings located in the 75' setback in the Special Highway Overlay District (SHOD). The SHOD is designed to protect the natural beauty and scenic vista that exists along specially designated roadways that serve as major accessways and gateways into unincorporated New Hanover County. Z22-1 1 Staff Report PB 5.5.2022 Page 3 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 3 ZONING CONSIDERATIONS • The B-1 district was established to provide lands that accommodate a range of small-scale, low -intensity, neighborhood -serving commercial development that provide goods and services to residents of adjacent neighborhoods. District regulations are intended to ensure uses, development intensities, and a development form that is consistent with a pedestrian - friendly walkable and neighborhood scale. • Much of the surrounding area is developed, including the boat and bicycle sales across Market St. and the adjacent Walmart to the north. • The 0&1 district, as the property is currently zoned, is intended to provide lands that accommodate institutional, professional office and other compatible uses. There are a wide variety of uses permitted in 0&1. Common uses include residential, educational, civic (government services) and office (medical, light commercial). • Under both the current 0&1 zoning and the proposed (CZD) B-1 zoning, there would be a required 30' rear setback and an opaque buffer with landscaping required for the adjacent residential properties. The B-1 district also limits maximum building height to two stories or 40'. No building on this site plan will exceed those limits. • The proposed site is located in the SHOD, which prescribes a minimum 100' front setback for buildings. This may be reduced by 25% if the development provides additional plantings along the right-of-way. • 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 north 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. Z22-1 1 Staff Report PB 5.5.2022 Page 4 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 4 AREA SUBDIVISIONS UNDER DEVELOPMENT Development Total Units Built Remaining The Reserve at Beaumont 300 10 290 "Based on Building Permits and Aerial Photography" rrr rrrrr t�■r�� '' � � ♦ - ��--,ram IME sm �►' `,�� ♦ 1-��*gin ���/���� � �►'♦�"♦ O I/. � ' � ��.� err �. � ��•`�� ��� � o����.� ► �f� ry4 F IiU :. 7. � �� rrr �� _ AWAM . sl�i_��i �, �� �' _ �f► 0����fl/ WW �����'�\ ♦ h-IllI11l�����N �.� ,�♦sue, /�G , arrtrMDR I�� �,� ��``►��.�� Z22-1 1 Staff Report PB 5.5.2022 Page 5 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 5 TRANSPORTATION Site Access a N Site d 4- ~�G �o �r �'D 1 Yarrants Court Primary Access • Access is proposed to be provided to the subject property from Sweetwater Drive, a private local road. • Access on Sweetwater Drive will be full -access in/out. • Entrance to Market Street from Sweetwater Drive is right -turn only. Motorists wanting to travel North on Market Street must turn right from Sweetwater Drive and make a U-turn at Marsh Oaks Drive. • If the subject property were developed with the 15%-18% building footprint typical for properties with 0&1 zoning and used for professional and medical offices, approximately 0.26 acres could be built. Z22-1 1 Staff Report PB 5.5.2022 Page 6 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 6 • 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 13,000 sq ft office Typical Development building (typical 0&1 40 AM / 51 PM under Current Zoning: buildout on this acreage) Proposed Development: 3,206 sq ft. carwash w/ 30 vacuum bays 78 PM / 41 Saturday • Per the WMPO, the ITE trip generation manual does not include peak AM trips for this use. It does include Saturday peak trips, which is reflected in the above table. • 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 Averaae Annual Dailv Traffic (AADT) - 2019 Road Location Volume Capacity V/C Mendenhall -Marsh Oaks Dr Market St to Porters Neck Road 46,539 41,369 1.125 (-8000 block) Z22-1 1 Staff Report PB 5.5.2022 Page 7 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 7 M I no 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. The Oaks at Murray • 204 Apartments • TIA approved December b, Farm • 34 Duplex Units 2019 • 62 Single -Family Dwellings • 2023 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a second westbound right -turn land 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. Proposed Development Land Use/Intensity TIA Status 2. The Primrose School • Day Care Center, up to • TIA approved September 29,2021 of Mayfaire 191 students • 2022 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Extension of the southbound left turn lane on Hwy 17 to 400 ft of storage with an appropriate deceleration and taper length. • Provide a northbound right turn lane with 75 ft of storage and appropriate deceleration and taper on Hwy 17 • Construct the site access as right in/right out only, with one ingress lane and one egress lane on Hwy 17 • Provide stop control for the westbound approach and 100 feet of internal protected stem on Hwy 17 • Construct the site access with one ingress lane and one egress lane on Marsh Oaks Dr • Provide stop control for the southbound approach and 100 feet of internal protected stem on Marsh Oaks Dr. Nearby Proposed Developments included within the TIA: • Marsh Oaks Development Status: No construction has occurred at this time. Z22-1 1 Staff Report PB 5.5.2022 Page 9 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 9 Proposed Development Land Use/Intensity TIA Status • 11,800 sq ft building, . TIA approved February 20, 3. The Bailey Shoppes commercial 2018 • 3,000 sq ft building, • 2022 Build Out Year commercial The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Hwy 17- Construct a dedicated southbound right -turn lane from Bump Along Road to Mendenhall Drive. This turn lane will tie into the U-turn bump out being provided by U- 4902D. • Bump Along Road- Site Drive 1 must be located on Bump Along Road so that it provides a minimum corner clearance from 100ft from Market St. • Raintree Road- provide interconnectivity of the development site to Raintree Road by providing a two-way, two lane road connection matching the pavement width and typical section at the property line. Nearby Proposed Developments included within the TIA: • None Development Status: No construction has occurred at this time. ENVIRONMENTAL • The property is not within a Natural Heritage 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 III soils. Class III indicates severe limitation. However, the site is expected to be served by CFPUA when developed. These soils will not impact this project. Z22-1 1 Staff Report PB 5.5.2022 Page 10 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 10 OTHER CONSIDERATIONS Representative Developments Representative Developments of 0&1 (Existing Zoning): Z22-1 1 Staff Report PB 5.5.2022 Medical Office Synergy POS, Oleander Dr Page 11 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 11 Representative Developments of B-1 (Proposed Zoning) Z22-1 1 Staff Report PB 5.5.2022 Caliber Car Wash, Market St Fins Car Wash, Market St Page 12 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 12 Context and Compatibility • The property is located along Market Street, a major commercial corridor. • The proposed site is located inside the Porters Neck Growth Node, an area of the county that is seeing rapid growth. • Both parcels were rezoned to 0&1 in the early 2000's; the 2016 Comprehensive Plan recommends a mixture of commercial uses in this area. • Much of the surrounding land to the North is used for residential purposes, while parcels to the South, West and the East are developed for commercial use. • After the completion of the Military Cutoff Rd. extension (proposed in 2023), some of the traffic flow will be alleviated in this area. The Porters Neck commercial service node will become more of a destination for nearby residents rather than a pass -through area for traffic traveling to and from Pender County. 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, Urban Mixed Use Site General Community Residential � 1 MIXed Use San}erling �1 New H nover ounty, NC Z22-1 1 Staff Report PB 5.5.2022 Page 13 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 13 Future Land Use Urban Mixed Use Map Place Type Located inside the Porters Neck Growth Node Promotes development of a mix of residential, office, and retail uses at Place Type higher densities. Types of uses encouraged include office, retail, mixed use, Description small recreation, commercial, institutional, single-family, and multi -family residential. The subject property is located in the northeastern portion of the county along a major road corridor and is in the Porters Neck Growth Node. It is in close proximity to both residential uses and other commercial services. The Comprehensive Plan classifies the property as Urban Mixed Use, which promotes development of a mix of residential, office and retail uses at higher densities. This place type encourages commercial use and is intended to support more density near major roads. Analysis The applicant is proposing a 2,310 sq ft carwash facility in addition to 30 vacuum stalls on a 1.75 acre site. Commercial uses such as carwashes match the intent of the proposed B-1 zoning district, which is to provide lands that accommodate neighborhood -serving commercial development. This is the type of use that one is likely to see along a commercial corridor. The proposal meets the intent of the Urban Mixed Use place type, which encourages commercial use and more density near major roads. This proposed site is also located in the Porters Neck growth node, an area of the county that is poised for and undergoing rapid growth; the facility would serve the needs of the growing area. Consistency The proposed rezoning is generally CONSISTENT with the 2016 Recommendation Comprehensive Plan because the project provides for a type of commercial service that is appropriate for this area. PLANNING BOARD ACTION The Planning Board considered this application at the May 5, 2022 meeting and moved to recommend APPROVAL (5-0) of the proposed rezoning to a Conditional B-1 district. The Planning Board recommended the following conditions: 1 . A fence shall be included as part of the required vegetative buffer along the northern property line. 2. Any landscaping provided in the submitted landscape plan exceeding the minimum standards of the Unified Development Ordinance shall be retained as part of the development. Z22-1 1 Staff Report PB 5.5.2022 Page 14 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 14 3. Hours of operation shall be limited to: 8 AM to 8 PM. 4. Architectural features such as stacked stone and brick exterior shall be included in the fa4ade of the project facing Market Street. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area. The Board found RECOMMENDING approval of the rezoning request was reasonable and in the public interest because the proposal provides neighborhood -serving commercial development. STAFF RECOMMENDATION Based on the recommended uses and intensity for Urban Mixed Use places, the context and compatibility with the immediate surrounding area, and consistency with the New Hanover County Strategic Plan, staff concurs with the Planning Board's recommendation of approval of this application and suggests the following motion with the proposed conditions: I move to APPROVE the proposed rezoning to a (CZD) B-1. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood - serving commercial development. Proposed Conditions: 1 . A fence shall be included as part of the required vegetative buffer along the northern property line. 2. Any landscaping provided in the submitted landscape plan exceeding the minimum standards of the Unified Development Ordinance shall be retained as part of the development. 3. Hours of operation shall be limited to: 8 AM to 8 PM. 4. Architectural features such as stacked stone and brick exterior shall be included in the facade of the project facing Market Street. Z22-1 1 Staff Report PB 5.5.2022 Page 15 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 15 Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) B-1. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. Z22-1 1 Staff Report PB 5.5.2022 Page 16 of 16 Board of Commissioners - June 6, 2022 ITEM: 13- 2 - 16 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-11 8005 & 8015 0&1 CZD 6-1 Market St ol r , ! �Z� B-2 p � R-15 i SITE00, / O&1 Zoning Districts i a ❑ Indicates Conditional Zoning District (CZD) (SOD See Section 5.7 of the UDO ❑ Incorporated Areas ` SHOD Board mi 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 =1 . ' - r W 0 250 500 Feet Site Address: Z22-11 8005 & 8015 Market St r Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION of Existing Zoning/Use: O&1 A Community 'Mixed Use Sion s - June 6, 2022 M: 4-1 K Proposed Zoning/Use: CZD 6-1 General1 Residential r jk 0 250 500 Feet I i I i I Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-11 8005 & 8015 0&1 CZD 6-1 Market St Ak NO If 8035 sl ,40 y;y r", -132, -�, • 128 SITE 8031 . to y r,f qO e 124 120 y !yC i 180 �8# n w;? k S. ! - r Z I t ., 178 116 108 i •y % / v' Q • • a �'� � 121 • ,� 8024 �,, � I�.,a�,, '"%` ; � �r k �, 112 8024 � y • Alt 4 •/120 • 8005 802�• 8024 �� • 8006 e r *I 4 9 �✓ i�ySTr ��"7 8001 •��`Q • 7927'� 7919 7998 • anderl►n9 P� . ,. �c 7915/ 4 r 79817990 7901 K. + +k •7S.7902,� .f 1 �f.� ii� • a 7976 7984 7904 ,� 4q Dais a " .���'"`' > .° , Rai �," , t�� �Or ,' • ,,,� a,� , � -d�,� 4t �� i A A; ' � A a ►• - m� 0 125 250 500 Feet ,i, �,tee�rd of Commissioners - June 6, 22_z ;,.� Q' ❑ Neighboring Parcels a�� ITEM: 13- 5.- 1 "'� 1 , -a ,T Initial Application Documents & Materials Board of Commissioners - June 6, 2022 ITEM: 13- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 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 l�� (Optional) 1 2 3 4 5 6 7 Pre -Application Community Application Planning Public Hearing Planning Board Board of Post -Decision Conference Information Submittal & Director Review Scheduling & Hearing & Commissioners Limitations and Meeting Acceptance & Staff Report Notification Recom- Hearing & Actions (TRC Optional) mendation Decision 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Martie Murphy Company Company/Owner Name 2 SHJ Construction Group Waverly Investments, LLC Address Address 124 E Thompson Street 6210 Wolf head Ct City, State, Zip City, State, Zip Thomaston, GA 30286 Wilmington, NC 28411 Phone Phone 706-647-0414 Email Email martie@shjconstructiongroup.com Board of Commissioners - June 6, 2022 Page 1 of 6 ITEM: 13- 7-Clonditional Zoning District Application — Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) 8005 & 8015 Market Street R03600-003-074-000 & R03600-003-075-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 1.75 0&1 Urban Mix Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: B-1 I Total Acreage of Proposed District: 1 .75 I 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. Retail Use: Convenience Store, Food Market, Grocery Store, Pharmacy, Retail Nursery, Retails Sales General, Car Wash, Fuel Sales, Vehicle Service Station, Vehicle Towing Service. The purpose of the Neighborhood Business (B-1) District is to provide lands that accommodate a range of small-scale, low -intensity, neighborhood -serving commercial development that provide goods and services to residents of adjacent neighborhoods. The proposed development is an express tunnel car wash with associated covered vacuum stalls. The wash facility will have automated pay kiosk, staffed pre wash prep, automated tunnel, and vacuum stalls. The central vacuum pumps are enclosed to reduce noise and provides screening. 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. Board of Commissioners - June 6, 2022 Page 2 of 6 ITEM: 13- 7-6onditional 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: 948 Automatic Car wash Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: N/A I PM Peak Hour Trips: 78 I 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. Subject properties are part of the Urban Mixed Use land use and Kirkland Porters Growth Node. Per the 2016 Plan, growth nodes are intended to be focus areas of development, encouraging high -density development. The intent is to cluster growth in these areas so that public transportation connections can be accomplished. The proposed development fits the intent of the Urban Mix Use to provide a community service that can be utilized by the citizen to enhance quality of life. Board of Commissioners - June 6, 2022 Page 3 of 6 ITEM: 13- 7-C3onditional 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. The proposed Neighborhood Business (B-1) zoning fits the 2016 Plan of Urban Mix Use development in this growth node. Subject property is adjacent to a big box retail center. The proposed zoning allows for retail to continue along Market Street with existing residential reaming in the rear. 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? This growth node has continued to grow over the years with the addition of retail business along the Market Street corridor. The zoning change from 0&1 to B-1 allows the trend to continue within the node limits. The 0&1 only has one approved Retail Use (Pharmacy) per Table 4.2.1. Board of Commissioners - June 6, 2022 Page 4 of 6 ITEM: 13- 7-donditional 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 ® 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 8 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 proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. Applicant Initial MM MM MM • 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 MM ® 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. MM ® One (1) digital PDF copy of ALL documents AND plans MM Board of Commissioners - June 6, 2022 Page 5 of 6 ITEM: 13- 7 -conditional Zoning District Application — Updated 05-2021 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/ogem is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. rovide w consent to any and all conditions of opprovat-�"�" C Si re af'Ffro rtv Owner(s) Print Nome(s) Signature of - Print Name Mote: 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 on 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 colenclared 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 Board of Commissioners - June 6, 2022 The summary for public meeting held Monday 3/28 for Tidal Wave Auto Spa is that only property owner or citizen that appeared at the meeting was the current owner of the property of record. I was informed that it was also referenced on Facebook social media. sm Martie Murphy SHJ Construction Group I24 East Thompson Street Post Office Drawer 311 Thomaston, Georgia 30286 (o) 706.647.04I4 (c) 706.975.6682 Board of Commissioners - June 6, 2022 ITEM: 13- 8 - 1 Concept Plan Board of Commissioners - June 6, 2022 ITEM: 13- 9 - 1 \C) 000 �'�D °�/ PROPOSED 6' FENCE QP , ° d e r °\ e > > / / / Z:\Shared\AES, LLC\Projects\2022\60005.00 SHJ TWAS Market St Wilmington, NC\DWG\60005C_BO1.dwg - 3/25/2022 1:25 PM Board of Commissioners - June 6, 2022 ITEM: 13- 10 - 1 / / / / SITE INFORMATION 8005/8015 MARKET STREET, PROJECT ADDRESS WILMINGTON, NORTH CAROLINA 28411 R3600-003-074-000 & R3600-003-075-000 PARCEL NUMBER (f1.75 ACRES) 0&1 (OFFICE & INSTITUTIONAL) / SHOD CURRENT ZONING (SPECIAL HIGHWAY OVERLAY DISTRICT) B-1 (NEIGHBORHOOD BUSINESS PROPOSED ZONING DISTRICT) / SHOD (SPECIAL HIGHWAY OVERLAY DISTRICT) PROJECT AREA f1.75 ACRES BUILDING SETBACK LANDSCAPE SETBACK FRONT 75' FRONT 50' SIDE 25' SIDE 20' REAR 30' REAR 10' PARKING CALCULATIONS: REQUIRED MINIMUM PARKING STALLS: 3 SPACES FOR EVERY ONE CAR THE CAR WASH CAN ACCOMODATE AT ONE TIME 3 VEHICLES X 3 CARS = 9 SPACES REQUIRED PROVIDED PARKING STALLS: 30 STANDARD SPACES & 2 HANDICAPPED SPACES 32 SPACES TOTAL Advanced Engineering Services, LLC 1741 PHILEMA ROAD 110A TOMMY ALBANY, GA STALNACKER DR. 31701 WARNER ROBINS, GA 31088 (800) 416 - 8136 <c GENERAL SITE NOTES 1. HANDICAPPED PARKING AND ACCESSIBLE ROUTES SHALL MEET THE AMERICANS WITH DISABILITIES ACTS STANDARDS FOR ACCESSIBLE �� ' ` // / DESIGN - LATEST EDITION. SIDEWALKS SHALL NOT EXCEED 5% MAXIMUM Jc� / LONGITUDINAL SLOPE AND 2% MAXIMUM CROSS SLOPE. ACCESSIBLE PARKING STALLS SHALL NOT EXCEED 2% MAXIMUM SLOPE IN ALL DIRECTIONS. ACCESSIBLE RAMPS SHALL NOT EXCEED 12H:1V GRADE. )/ Q o o, s\ 7 \ J 2. ALL SIGNS AND STRIPING SHALL CONFIRM TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) - LATEST EDITION AND/OR 19, DEPARTMENT OF TRANSPORTATION STANDARDS AND SPECIFICATIONS. 16 O 3. ALL DIMENSIONS ARE MEASURED TO THE FACE OF CURB (WHEN PRESENT), AES PROJECT NUMBER �� E 0 PROP, LINE Pw R15 �s / \ , / / EDGE OF ASPHALT AND/OR EDGE OF BUILDING. R15 F / / / 60005 4. HORIZONTAL DATA SHOWN HEREON IS BASED ON NAD83 NORTH CAROLINA DATE OF PLANS ZONE. VERTICAL DATA SHOWN HEREON IS BASED ON NAVD 88. 03/21/2022 R5' S �� \ / , HATCH LEGEND REVISIONS Q 8 �O ` / / �° / DJ \ FQ / /� O O. DATE DESCRIPTION c)�/ LIGHT DUTY 3" HIGH ROLLED CURB 1 / CONCRETE PAVEMENT 19, 17 �s �� �� 7 °� / / / 2 15 / J --- _ 4.6 0' / °°�/ ° HEAVY DUTY CONCRETE PAVEMENT 4 44 4 46 SITE SPECIFIC NOTES 7 8 O� `S / / / ° l / r �1 24" STANDARD CURB AND GUTTER s 2 P �$ w� �� ' °�� ��°/ 2 �C��. �j� p� �� �o° �° °� / ►�� ' 24" ROLLED CURB AND GUTTER 10 o R�, /' / O3 24" WIDE STOP BAR STRIPING (WHITE) R5' 4 WIDE PARKING STALL STRIPING (WHITE) (TYP.) HANDICAP STALL STRIPING (BLUE) HANDICAP RAMP (CONSTRUCT AT A 12:1 MAXIMUM SLOPE) HANDICAP HANDI AP SIGN WITH VAN ACCESSIBLE SIGN ON BOLLARD, 13 n ' O CONTRACTOR TO COORDINATE SPACING W / WHEEL STOP LOCATIONS ^ WHEEL STOP 38' X 134' VACUUM CANOPY O � � OP� / ,/ °�/ ,' �� 10 9'4" X 26'4" VACUUM SCREENING R5' , O (SEE ARCHITECTURAL PLANS) 8' X 16' DUMPSTER ENCLOSURE (SEE DETAIL SHEET) 14 \ � �C/ // / JG� /' �' 12 20' X 20' PREP CANOPY ~—I �° 00 A,e PAY KIOSK (SEE DETAIL SHEET) 0 62 �P� / // // / ,' i' / 14 ENTRANCE DETAIL (SEE DETAIL SHEET) W o / � P / J t 0 �� of ` 12 O J�� / / �G t � H O J� / 15 EXIT DETAIL (SEE DETAIL SHEET) x / ��x �x ` STOP / GO LIGHT (SEE DETAIL SHEET) O 5' X 5' CANOPY FOOTER (PROTOTYPICAL; SEE ARCHITECTURAL PLANS) 117 Q9 WILMINGTON, NEW / HANOVER, NORTH 6/ CAROLINA 20' 10' 0' 20' GRAPHIC SCALE 1" = 20' / Q / / %° P ° i SHEET Public Comments In Support Neutral In Opposition Board of Commissioners - June 6, 2022 ITEM: 13- 11 - 1 Dickerson, Zachary From: Roth, Rebekah Sent: Thursday, April 21, 2022 8:06 AM To: Dickerson, Zachary Subject: FW: Public Comment on Z22-11: 8005-8015 Market St (5-5-2022) <b>Planning Board </b> Categories: Planning Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 w% w.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Ben Clark Sent: Wednesday, April 20, 2022 5:13 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 Z22-11: 8005-8015 Market St (5-5-2022) <b>Planning Board</b> ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Ben Clark Address 300 Bayfield Drive Wilmington, NC 28411 United States Map It Email coastbuildinggrouolammail.com Projects available for comment. Z22-11: 8005-8015 Market St (5-5-2022) Planning Board What is the nature of your comment? Oppose project Public Comment I would like to oppose project Z2211. As a builder and developer I understand the pressures on the zoning board to find the highest and best use. As we have multiple (currently three) car washes within a .5 to 1 mile radius of our neighborhood, I can firmly state that this is not the highest or best use of this property. In addition to adversely affecting property values in the area, the amount of impervious area typically needed for a car wash could also be detrimental to the current stormwater plan for that area. If I'm not mistaken it was extremely low with wetlands prior to being filled in and developed. Board of CommissiAers - June 6, 2022 ITEM: 13- 12 - 1 Dickerson, Zachary From: Roth, Rebekah Sent: Thursday, April 21, 2022 8:07 AM To: Dickerson, Zachary Subject: FW: Public Comment on Z22-11: 8005-8015 Market St (5-5-2022) <b> Planning Board </b> Categories: Planning Rebekah Roth (shelher/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (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 Brian Brogden Sent: Wednesday, April 20, 2022 10:40 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 Z22-11: 8005-8015 Market St (5-5-2022) <b>Planning Board</b> ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Brian Brogden Address 229 Marsh Oaks Dr Wilmington, NC 28411 United States Mal) It Email Bbrogden4-)ec.rr.com Projects available for comment. Z22-11: 8005-8015 Market St (5-5-2022) Planning Board What is the nature of your comment? Oppose project Public Comment We have two car washes within five miles from projected location. The last thing that we need is another car wash in our area. Board of Commissio;ers - June 6, 2022 ITEM: 13- 12 - 2 Dickerson, Zachary From: Roth, Rebekah Sent: Wednesday, April 20, 2022 2:48 PM To: Dickerson, Zachary Subject: FW: Public Comment on Z22-11: 8005-8015 Market St (5-5-2022) <b>Planning Board </b> Categories: Planning Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (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 Kristen Lindquist Sent: Wednesday, April 20, 2022 2:24 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 Z22-11: 8005-8015 Market St (5-5-2022) <b>Planning Board</b> ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Kristen Lindquist Address 520 Bayfield Dr Wilmington, NC 28411 United States Map It Email Kna8412� yahoo.com Projects available for comment. Z22-11: 8005-8015 Market St (5-5-2022) Planning Board What is the nature of your comment? Oppose project Public Comment In a stretch of Market Street spanning less than four miles long (from Porter's Neck Rd to Gordon Rd) there are currently 3 car washes servicing both south bound and north bound lanes of traffic. The demand is simply not there to justify another car wash at 8005 Market St. PLEASE preserve Wilmington's aesthetics by not giving in to these developmental "place holders". Board of Commissioners - June 6, 2022 ITEM: 13- 12 - 3 Dickerson, Zachary From: Sara Fischer <sarafischer19@gmail.com> Sent: Tuesday, April 19, 2022 8:17 PM To: Dickerson, Zachary Subject: Project: 8005 & 8015 Market St Case #: Z22-11 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** As a resident of Marsh Oaks community off of Market I would like to express my humble opinion. We do not need a another car wash on market st. Especially in our area. Thank you Sara Board of Commissioners - June 6, 2022 ITEM: 13- 12 - 4 Dickerson, Zachary From: Austin Fischer <acfischer47@gmail.com> Sent: Wednesday, April 20, 2022 1:37 PM To: Dickerson, Zachary Subject: Project: 8005 & 8015 Market St Case #: Z22-11 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** I am writing to request that yet another car wash not be approved for this location. Market street has multiple car washes all within a 2 mile span. Adding this one would make a total of 7 within a 2 mile stretch. It is unneeded and unwanted. Thank you Sent from Austin Cort Fischer Board of Commissiobers - June 6, 2022 ITEM: 13- 12 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 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 (Z22-12) - Request by Cindee Wolf with Design Solutions, Applicant, on Behalf of Catherine E. Burney Heirs, Property Owner, to Rezone Approximately 8.02 Acres of Land Located at 5000 N. College Road from R-15, Residential, to (CZD) CB, Community Business for an Indoor and Outdoor Recreation Facility BRIEF SUMMARY: The applicant is proposing to rezone approximately 8.02 acres from R-15 to (CZD) CB in order to develop an indoor/outdoor recreation facility with an ancillary clubhouse and restaurant/bar. The site is located along N College Road, approximately 1/3 mile from the Castle Hayne roundabout, just east of the railroad right-of-way. The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to provide for very low density housing and recreational use. Water and sewer are now available in the area, and the applicant is proposing connections to CFPUA for water and sewer. The CB, Community Business district was established to provide lands that accommodate the development, growth, and continued operation of 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 subject site is currently vacant. If developed under R-15, the site would permit up to 20 dwelling units. If developed at the requested CZD CB density, 23 pickleball courts and an 8,000 sf ancillary clubhouse and restaurant could be constructed. A typical development under current zoning would generate approximately 22 peak hour trips. The net change from the estimated trips generated at peak hour under existing zoning to the estimated number of trips generated from the use allowed in the CZD CB district at peak hour is 25 more 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 site is appropriate for recreational use, surrounded by single-family R-15 to the north, a proposed rezoning to R-10 to the east, 1-2 to the west, and vacant, undeveloped land is to the south. Required setbacks and fenced buffers will provide mitigation for the surrounding adjacent property owners. The Comprehensive Plan classifies the property as Community Mixed Use and General Residential, both of which allow for recreational uses that can support nearby neighborhoods. The proposed CZD CB zoning is generally CONSISTENT with the 2016 Comprehensive Plan because it will provide recreational use as a transition between the industrial and the adjacent residential areas. The Planning Board considered this application at their May 5, 2022 meeting. The board recommends APPROVAL (5-0) of the proposed rezoning to a CZD CB district with one condition. Board of Commissioners - June 6, 2022 ITEM: 14 1. The hours of operation will be limited to 7AM to 9PM. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses more in line with those recommended for Community Mixed Use and General Residential areas. The Planning Board found that recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would provide a recreational service for nearby residents, includes relatively low traffic generators, and is located on an arterial road. As a result of concerns discussed during the Planning Board meeting regarding the operation of a restaurant should the recreational use cease, the applicant has offered the following as an additional condition. 2. The restaurant and clubhouse may only operate as an accessory use to an operational outdoor recreational facility. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ I ncrease connectivity of residents to each other and their investment to New Hanover County RECOMMENDED MOTION AND REQUESTED ACTIONS: As the proposed uses are in line with the recommendations for the Community Mixed Use and General Residential place type, include relatively low traffic generators, and serve as a transition between nearby residential and industrial uses, staff recommends approval of this application and suggests the following motion and two conditions: I move to recommend APPROVAL of the proposed rezoning to a (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses more in line with those recommended for Community Mixed Use and General Residential areas. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would provide a recreational service for nearby residents, includes relatively low traffic generators, and is located on an arterial road. Proposed Conditions: 1. The hours of operation will be limited to 7AM-9PM. 2. The restaurant and clubhouse may only operate as an accessory use to an operational outdoor recreational facility. Alternative Motion for Denial I move to recommend DENIAL of 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 the district would allow uses in line with those recommended for Community Mixed Use and General Residential areas, 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 uses will adversely impact the adjacent areas. Board of Commissioners - June 6, 2022 ITEM: 14 ATTACHMENTS: Z22-12 BOC Script Z22-12 BOC Staff Report Z22-12 Zoning Z22-12 Future Land Use Map Neighboring Properties Initial Application CoNer Sheet Z22-12Application Submittal Concept Plan Cmeer Sheet Z22-12 Concept Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with 2 conditions as presented by staff. COMMISSIONERS' ACTIONS: Approved with 2 conditions as presented by staff 4-0. Board of Commissioners - June 6, 2022 ITEM: 14 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-12) Public Hearing Rezoning Request (Z22-12) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Catherine E. Burney Heirs, property owner, to rezone approximately 8.02 acres of land located at 5000 N. College Road from R-15, Residential District, to (CZD) CB, Community Business for an indoor and outdoor recreation facility. 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 (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses more in line with those recommended for Community Mixed Use and General Residential areas. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would provide a recreational service for nearby residents, includes relatively low traffic generators, and is located on an arterial road. Proposed Conditions: 1. The hours of operation will be limited to 7AM to 9PM. 2. The restaurant and clubhouse may only operate as an accessory use to an operational outdoor recreational facility. :.... .uu .t- %- .� Example Motion for Denial I move to recommend DENIAL of the proposed rezoning to a CZD CB district. While I find it I to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses in line with those recommended for Community Mixed Use and General Residential areas, 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 uses will adversely impact the adjacent areas. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional (CZD) CB, Conditional Community Business 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] STAFF REPORT FOR Z22-12 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z22-12 Request: Rezoning to CZD CB district Applicant: Property Owner(s): Cindee Wolf Catherine E. Burney Heirs Location: Acreage: 5000 College Road 8.02 PID(s): Comp Plan Place Type: Parcel ID: R01 800-002-001 -000 Community Mixed Use & General Residential Existing Land Use: Proposed Land Use: Indoor/Outdoor Recreational Facility, Restaurant Undeveloped & Vacant and Clubhouse Current Zoning: Proposed Zoning: R-15 Residential (CZD) CB, Community Business SURROUNDING AREA LAND USE ZONING North Single — family residential R-15 East Undeveloped & Vacant R-15 South Undeveloped & Vacant R-15, 1-2 West College Road Right -of -Way and Industrial Facility 1-2, B-2 Z22-1 2 Staff Report 6.6.2022 Page 1 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 1 ZONING HISTORY July 7, 1972 I Initially zoned R-15 COMMUNITY SERVICES Water/Sewer Water is available by connecting to an existing water main on Castle Hayne Road through CFPUA. Sewer is available to the east of the subject property. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Castle Hayne Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools Recreation Blue Clay Bike Park, Northern Regional Park, Riverside Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Resource maps indicate there are Pocosin conservation Conservation resources present on the eastern and western portions of the site. Wetlands are delineated on the site plan but are not impacted by the proposed development. Historic No known historic resources Archaeological No known archaeological resources Z22-1 2 Staff Report 6.6.2022 Page 2 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN • This application is proposing to rezone 8.02 acres from R-15 to CZD CB in order to develop an indoor/outdoor recreational facility with a clubhouse and restaurant/bar. • The applicant indicates that the intended use of the subject property will be for approximately 23 pickleball courts (some covered), a sand lot for beach volleyball, plus an 8,000 sf structure for a clubhouse and restaurant. Club membership would be required for patronage to the restaurant and bar, which will be an ancillary use to the recreation establishment. • The conceptual plan shows the 8,000 sf structure in the center of the site, facing the parking lot, with pickleball courts surrounding the structure on 3 sides. Parking and a stormwater retention pond are located between the structure and College Road. Landscaping and buffering is proposed along the property lines to the east and south as well as along the property line bordering the single-family parcels to the north. • According to the applicant, the proposed zoning will allow for recreation facilities in close proximity to the residents they would serve and provide a transition along a major arterial corridor such as N College Road in a way that is consistent with the policies and goals of the 2016 Comprehensive Land Use Plan. • The conceptual plan complies with the County's standards for a Major Site Plan, including zoning dimensional standards. 1 r c,^ =R;nt T de at Fc� eball Perk �— Z22-1 2 Staff Report 6.6.2022 Page 3 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 3 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 wells would be developed at low densities. • 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. • As defined within the UDO, an indoor recreation establishment is a commercial establishment that provides indoor facilities for recreation, entertainment (except adult entertainment), or amusement, including but not limited to: bowling alleys, pool rooms, indoor sports gymnasiums, movie theaters and live theaters, indoor ice skating rinks, video arcades, and indoor shooting ranges. An outdoor recreation establishment, as defined by the UDO, is commercial recreation or amusement outdoors (except adult entertainment), including but not limited to: drive-in movie theater, amusement park or theme park, fairgrounds, miniature golf establishments, golf driving ranges, water slides, and batting cages. The indoor recreation use would permit the clubhouse and restaurant use within the 8,000 sf structure. • While the CB zoning district allows a range of commercial uses, the Conditional Zoning District designation would limit the type of uses on the site to pickleball courts (some covered), an associated clubhouse, and restaurant/bar as an ancillary use to the recreation establishment. There could potentially be minor deviations that would allow other outdoor recreational uses such as volleyball, within the footprint of the concept plan, which could be approved administratively. • In the CB district, a minimum 25-foot rear setback, 20-foot interior setback, and 20-foot opaque buffer yard are required where the development abuts existing single-family properties. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels along adjacent residential properties 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. • 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. Z22-1 2 Staff Report 6.6.2022 Page 4 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 4 AREA SUBDIVISIONS UNDER DEVELOPMENT Z22-12 Staff Report 6.6.2022 Page 5 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 5 TRANSPORTATION Site Access N I I m a ra U I I s Site �Q. � I \ ------ --------------- -- Primary Access • Access is provided to the subject property from North College Road, an NCDOT-maintained principal arterial street. • 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). • As currently zoned, the parcel could be developed into 20 single-family homes generating 17 AM and 22 PM peak hour trips. • Under the proposed zoning district, approximately 23 outdoor pickleball courts plus an approximately 8,000 sf clubhouse and restaurant would be developed. A development of this scale is estimated to generate about 39 trips in the AM and 47 trips in the PM peak hours. Z22-1 2 Staff Report 6.6.2022 Page 6 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 6 The net change from the potential trip generation if the site were to be developed under the existing R-15 district to the development as requested within the proposed CZD CB district shows an approximate increase of 22 AM peak hour trips and an approximate increase of 25 PM peak hour trips. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Development possible under 20 single-family units 17 AM/22 PM Current R-15 Zoning: Potential Trip Generation 8,000 sf indoor recreation facility & 23 outdoor 39 AM / 47 PM under Proposed Zoning: pickleball courts Potential Net Change under _ +22 AM / +25 PM Proposed Zoning: 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 ration, 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. WMPO Average Annual Daily Traffic (ADT) Road Location Volume Capacity V/C College Road Between Castle Hayne Road and 11,284 17,375 0.647 Old Oakland Drive 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, as required through the NCDOT Driveway permitting process. Z22-1 2 Staff Report 6.6.2022 Page 7 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 7 Nearby Planned Transportation Improvements and Traffic Impact Analyses • There are no approved TIAs for projects within a one -mile radius of the subject site. ENVIRONMENTAL • No portion of the parcel is located within an AE Flood -zone or AE Floodway. • The entire site is located within the Prince George Creek watershed. Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (moderate limitation) and Class III (severe limitation). However, water and sewer are available nearby through CFPUA. Z22-1 2 Staff Report 6.6.2022 Page 8 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 8 OTHER CONSIDERATIONS REPRESENTATIVE DEVELOPMENTS I Representative Developments of R-15: Page's Corner- in Ogden Clay Crossing Z22-1 2 Staff Report 6.6.2022 Page 9 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 9 EXAMPLES OF INDOOR/OUTDOOR RECREATION FACILITIES Existing Indoor/Outdoor Recreational Facilities: Holly Tree Tennis Club Captain Bill's Backyard Grill and Volleyball Z22-1 2 Staff Report 6.6.2022 Page 10 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 10 CONTEXT AND COMPATIBILITY • The subject property is located at 5000 College Road and is only accessible by College Road. • The site is adjacent to single-family on the northern boundaries and is bordered to the east and south by vacant, undeveloped land. Located across the street from the parcel is an industrial site. • There are a mix of commercial, and residential uses within the area that would support recreational uses such as the proposed development. • Northeast of the site, parcels located at the southern end of Roger Haynes Drive are currently being proposed for rezoning from 1-2 and B-2 to R-10. If approved, this rezoning would allow more than 284 dwelling units to be built in the vicinity of the proposed indoor/outdoor recreation establishment. • The applicant has proposed a landscaped buffer between the proposed development and the adjacent single-family use. • The site is located south of the intersection of College Road and Castle Hayne Road where transitional service uses and low traffic generators could be appropriate _The proposed district also provides a transition from the high -intensity industrial site across College Road to undeveloped land, adjacent single-family lots to the north, and proposed moderate density residential development in the vicinity of the subject property. Z22-1 2 Staff Report 6.6.2022 Page 11 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 11 2016 COMPREHENSIVE LAND USE 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. AERIAL a N General Community Residential Mixed Use �P pry. N Site New_Ha raver C, NC Future Land Use Map Place Type Community Mixed Use, General Residential Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site -specific features and evolving development patterns in the surrounding area to be considered. Community Mixed Use focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. Place Type Description General Residential 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. The subject property is located along a major roadway corridor, College Road, and is surrounded by single-family to the north, to the east and south is vacant, undeveloped land, and across College Road is an industrial facility. The Comprehensive Plan classifies the property as Community Mixed Use Analysis and General Residential, both of which allow for recreational uses that can support nearby neighborhoods. The Community Mixed Use place type designation encourages a mix of uses, including single- and multi -family residential, commercial, civic, mixed -use, and recreational uses. Typical zoning associated with this place type includes moderate density residential, commercial, office and institutional, and mixed -use. Z22-1 2 Staff Report 6.6.2022 Page 12 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 12 The proposed CZD CB rezoning is consistent with the recreational and commercial uses and intensity recommended in the Comprehensive Plan more so than the single-family development allowed within the existing R- 15 zoning district. Furthermore, the proposed use would support the surrounding commercial and residential uses along the College Road corridor and future residential growth anticipated within the area. The proposed CZD CB rezoning is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because the proposed uses are in line with those Recommendation recommended for Community Mixed Use and General Residential place types, and the site is located near supportive land uses that also serve as an appropriate transition between residential and industrial uses. PLANNING BOARD ACTION The Planning Board considered this application at their May 5, 2022 meeting. The Board recommend APPROVAL (5-0) of the proposed rezoning to a CZD CB district with one condition. 1. The hours of operation will be limited to 7AM to 9PM. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow for the types of uses more in line with those recommended for Community Mixed Use and General Residential areas. The Planning Board found that recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would provide a recreational service for nearby residents, includes relatively low traffic generators, and is located on an arterial road. STAFF RECOMMENDATION As the proposed uses are in line with the recommendations for the Community Mixed Use and General Residential place type, include relatively low traffic generators, and serve as a transition between nearby residential and industrial uses, staff recommends approval of this application and suggests the following motion and two conditions: I move to recommend APPROVAL of the proposed rezoning to a CZD CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses more in line with those recommended for Community Mixed Use and General Residential areas. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would provide a recreational service for nearby residents, includes relatively low traffic generators, and is located on an arterial road. Z22-1 2 Staff Report 6.6.2022 Page 13 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 13 Proposed conditions: 1. The hours of operation will be limited to 7AM to 9PM. 2. The restaurant and clubhouse may only operate as an accessory use to an operational outdoor recreational facility. Alternative Motion for Denial I move to recommend DENIAL of 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 the district would allow uses in line with those recommended for Community Mixed Use and General Residential areas, 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 uses will adversely impact the adjacent areas. Z22-1 2 Staff Report 6.6.2022 Page 14 of 14 Board of Commissioners - June 6, 2022 ITEM: 14- 2 - 14 Site Address: Z22-12 5000 N College Rd J N a) cn M. V V) Y Community, /Mixed Use Place Types a COMMERCE ZONE RP EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL Existing Zoning/Use: Proposed Zoning/Use: R-15 CZD CB 0O 9' I General Residential SITE N jk CONSERVATION II I f \ \ 0 500 1,000 Feet o Board of Cmissioners - Jun 6, 202 ITEM: 14- 4- 1 1 1 1 1 1 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-12 5000 N College Rd R-15 CZD CB t Pnnce'Geor_ -Av ,t .a r t 0 k B - - 2" �4416 ! 4414 d = t Rix. • :418 U 5212 5230 /r- 4 " 5145 I 5244 .' Z M4� • 5214 5218 \ 1y 5115 5200 0�204 5106 �-� \ � � '� ;� �'� • • 5104 5105 4900 �. 5000 SITE • 4950 4909 �q� V ��"'q/i . 4720*. r 4901 • ""' ❑Neighboring Parcels .q ers un z2 4-, 0 250 500 Feet Initial Application Documents & Materials Board of Commissioners - June 6, 2022 ITEM: 14- 6 - 1 f' �r � � L� . - � •? Y j F • F �• �_r.- �� � �f�i�. r.e .- � 'mot ,"�: tvr�,.. � �r a � • ° y � WRY l T � � Y ' ,.*��T1 �'fY•. M.;;rs'�'•s :i'-"�j' �. ;t'�'� � 'W r�"�"°� V.a'.:a. � � �• OM J �, } t � t . r 1iu Tr, . rt• M ,�, y- .'8 t . �� ,� 'i14Ja �� r. _R. 11i}-- _ �•. _ a'Z.ir '1 „,�!?', � + 4-ft 'f- l < a1' •w 1p •3 -L 1 Iv ,l, 4�� f '�',J l '• � Y � : ,�* �� b ~ � �d'� _ � ��� r' r i •y~ '� �$,��7^ t. � ' i _ 1 f 1��rily , � { l ° x M �1 F �. _ jj{{ �nAr 7'�y� �`�.� •t �{ sit .F � �i'Nk,+ � tx�`�.�. -�� x - " _ 1 nx. �.. '•9 �fY �,. 1 7'i •lx l - ' T v_ l�Gtf� i];�,y��a��",+�.; .r .v { �tl: t • �qF �y 'w{ y -rs �1.+ � •� y, r y •<' r �- ' ' ', y { Yi 3,� iY'^ �•� verbs . , ' +� 1 JON lit � � Boar f Com 'ssioner -June 6, 20�"L: i► _ . . NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 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. (Optional) Pre -Application Conference 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Catherine E. Burney Heirs Cindee Wolf Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 206 North Duplin St. City, State, Zip City, State, Zip Wilmington, NC 28406 Wallace, NC 28466 Phone Phone 910-547-1200 910-620-2374 Email Email mmoore@tidewaterinvestco.com cwolf@lobodemar.biz Contact: Merrette Moore (Contract Purchaser) Board of Commissioners - June 6, 2022 Page 1 of 6 ITEM: 14- 7-8onditional Zoning District Application — Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) 5000 N. College Road 323106.37.3818 / R01800-002-001-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 8.02 ac. R-15 / Vacant Community Mixed -Use & 3. Proposed Zoning, Use(s), & Narrative General Residential Proposed Conditional Zoning District: CZD / CB I Total Acreage of Proposed District: 8.02 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 permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The proposed project is an indoor / outdoor recreation establishment with a restaurant as an accessory use for the members. The complex includes a clubhouse facility, covered and uncovered pickleball courts, and a sand lot for beach volleyball, along with associated parking areas and stormwater management. 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. Reference attached plan for conceptual site layout and improvements. Board of Commissioners - June 6, 2022 Page 2 of 6 ITEM: 14- 7-donditional 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: 491 / Racquet / Tennis Club Trip Generation Use and Variable (gross floor area, dwelling units, etc.) per Courts @ 23 AM Peak Hour Trips: 30 PM Peak Hour Trips: 77 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 policies and goals of the Comprehensive Plan include providing a convenient mix of land uses. Both the Commercila District Mixed -Use and General Residential place -types would include recreation facilities as being appropriate close to the residents that they would serve. This type of use provides an acceptable transition along major arterial corridors such as N. College Road. Board of Commissioners - June 6, 2022 Page 3 of 6 ITEM: 14- 7-6onditional 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. As primarily a "Community Mixed -Use" place -type, the Plan suggests higher densities and commercial services. Pickleball has become a flourishing recreational activity, and the lack of adequate facilities to handle the demand, particularly in New Hanover County, has been well -publicized. Policies for growth and development encourage promoting new businesses for a diverse and thriving economy. 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? N. College Road is fronted by a variety of land uses, including some fairly intensive industrial businesses. One is directly across the road from the subject tract, and another just one tract over to the South. Although the Castle Hayne area is primed for more residential development as public water & sewer services are being extended, the properties along the road corridor are no longer appropriate for low -density residential housing. Board of Commissioners - June 6, 2022 Page 4 of 6 ITEM: 14- 7-&nditional 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 ❑ This application form, completed and signed Application fee: Applicant Initial CAW ❑ • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW ❑ Community meeting written summary CAW ❑ Traffic impact analysis (if applicable) N/A ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW 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 proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW ❑ 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. CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW Board of Commissioners - June 6, 2022 Page 5 of 6 ITEM: 14- 7-&nditional Zoning District Application — Updated 05-2021 DocuSign Envelope ID: 98D2B40D-2DBE-478D-B408-32FD0067B2EB 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 oaUJsf. f rovide written consent to any and ail conditions of approval. Catherine ? Ab%'SfProperty Owners 3/25/2022 Print Name(s) Cynthia Wolf 1 bQslsy) Signatur of Applicant/Agent Print Name E. Burney Heirs 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 colendared 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 Board of Commissioners - `6♦'dP0c?h9??oning District Application — Updated 05-2021 ITEM: 14- 7 - 7 Fk-'-r2 0 - ,{ \ � � � . _ Board of Commissioners - June 6, 2022 ITEM: 14- 7 - 8 Legal Description for Conditional District Rezoning of 5000 N. College Road Beginning at a point in the northeastern boundary of North College Road (N.C. Hwy. 132), a 200' public right-of-way; said point being located approximately 233 feet southeastwardly along the right-of-way from its intersection with the eastern boundary of the Wilmington — Weldon Railroad, a 130' right-of-way; and running thence from the point of beginning: South 75038'05" East, 1303.81 feet to a point; thence South 05038'51" West, 300.39 feet to a point; thence North 75048'29" West, 969.47 feet to a point in the north eastern boundary of N. College Road; thence with that right-of-way, North 37020'58" West, 483.95 feet to the point and place of beginning, containing 7.79 acres, more or less. Board of Commissioners - June 6, 2022 ITEM: 14- 7 - 9 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: 5000 N College Road Proposed Zoning: R-15 & CZD/CB 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 March 12, 2022 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Thursday, March 24th, 6:00 p.m.; at Shelter #2 of the Northern Regional Park, 4700 Old Avenue, Castle Hayne. The persons in attendance at the meeting were: Reference attached sign -in list The following issues were discussed at the meeting: Attendees were all from the community Off Kings Castle Lane, lust north of the proposed project. Their questions were primarily related to buffer yards, and whether public water and / or sewer might be extended. The requirements for fencing and visual screening were explained. Although the subject project hopes to connect to public utilities that will hopefully be extended in the future by an adjacent residential community being proposed, current service will need to be by a private well for water, and a low-pressure solid waste system connected to a nearby force main. As a result of the meeting, the following changes were made to the petition: None Date: March 28, 2022 Applicant: Design Solutions By: Cindee Wolf Board ot Uornmissioners - June b, zuzz ITEM: 14- 7 - 10 Community Information Meeting Tidewater Pickleball Park Date: March 24, 2022 Name Address Email (Optional) Virginia Perkins 5200 Kings Castle Lane Acirb V) L i 46, ivr ,?Wo h hn,' (, 911Z go Merrette Moore Developer mmooreCa@tidewaterinvestco.com Cindee Wolf Project Planner cwoif@lobodemar,biz i Board of Commissioners - June 6, 2022 ITEM: 14- 7 - 11 G Fol Fol Fol ADJACENT PROPERTY OWNERS WITHIN 500' OF 5000 N COLLEGE ROAD: OWNER MAILING ADDRESS CITY / STATE / ZIP PROPERTY LOCATION BROWN HOWARD 19221 HYW 210 ROCKY POINT, NC 28457 BURNEY CATHERINE E HEIRS 206 DUPLIN ST N WALLACE, NC 28466 5000 COLLEGE RD N WILMINGTON DILL HILDA CAMERON ETAL PO BOX 3649 WILMINGTON, NC 28406 4900 COLLEGE RD N CASTLE HAYNE DILL HILDA CAMERON ETAL PO BOX 3649 WILMINGTON, NC 28406 4900 COLLEGE RD N CASTLE HAYNE DMH LAND LLC 501 COVILAVE UNIT 2 WILMINGTON, NC 28403 4720 COLLEGE RD N CASTLE HAYNE DOMBROSKI RONALD EDWARD 4917 CASTLE LAKES RD CASTLE HAYNE, NC 28429 5212 COLLEGE RD N WILMINGTON HENDERSON DANNY L SARA W 217 CHIMNEY LN WILMINGTON, NC 28409 5105 COLLEGE RD N CASTLE HAYNE HENDERSON DANNY SARA 217 CHIMNEY LN WILMINGTON, NC 28409 5115 COLLEGE RD N CASTLE HAYNE JH LAND LLC PO BOX 3649 WILMINGTON, NC 28406 4950 COLLEGE RD N CASTLE HAYNE KING HELEN MCINTYRE HEIRS 2804 FLETCHER CT CASTLE HAYNE, NC 28429 KING HELEN MCINTYRE HEIRS PO BOX 63 CASTLE HAYNE, NC 28429 KING HELEN MCINTYRE HEIRS PO BOX 63 CASTLE HAYNE, NC 28429 5104 KINGS CASTLE LN KING KEVIN HASAN 5214 KINGS CASTLE LN CASTLE HAYNE, NC 28429 5214 KINGS CASTLE LN CASTLE HAYNE KING TERRENCE PO BOX 81 CASTLE HAYNE, NC 28429 5244 KINGS CASTLE LN CASTLE HAYNE LEEBART PROPERTIES LLC 808 17TH ST S WILMINGTON, NC 28401 5145 COLLEGE RD N CASTLE HAYNE MOORE GARY ETAL 124 LONG RIDGE DR WILMINGTON, NC 28405 5204 KINGS CASTLE LN CASTLE HAYNE PERKINS ANDREA LAFAYE HEIRS PO BOX 63 CASTLE HAYNE, NC 28429 PERKINS VIRGINIA LIFE ESTATE PO BOX 63 CASTLE HAYNE, NC 28429 5200 KINGS CASTLE LN CASTLE HAYNE REB ACQUISITIONS LLC PO BOX 7948 ROCKY MOUNT, NC 27804 4909 COLLEGE RD N WILMINGTON SCOTT BILLY PO BOX 235 CASTLE HAYNE, NC 28429 5218 KINGS CASTLE LN CASTLE HAYNE SCOTT BILLY PO BOX 235 CASTLE HAYNE, NC 28429 5218 KINGS CASTLE LN CASTLE HAYNE SHAW DELLA K BENJAMIN 5104 KINGS CASTLE LN CASTLE HAYNE, NC 28429 5106 KINGS CASTLE LN CASTLE HAYNE WADDELL ARLENE Y HEIRS 15401 BLUE WILLOW LN ACCOKEEK, MD 20607 5230 KINGS CASTLE LN CASTLE HAYNE WONCE MARY L KING STEPHEN 505 LAZY ACRES RD BUMPASS, VA 23024 Board of Commissioners - June 6, 2022 ITEM: 14- 7 - 13 March 12, 2022 To: Adjacent Property Owners Re: Pickleball Center My client is interested in developing an indoor / outdoor recreation center on the property at 5000 N. College Road. This property is within the proximity of your lands. The 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 & conditions pertaining to each individual development project. Essentially, this means that only the use, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any 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 Thursday, March 24t", at Shelter #2 of the Northern Regional Park, 4700 Old Avenue, Castle Hayne, 6:00 p.m. The location is left from Old Avenue, towards the tennis courts. If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Board of Commissioners - June 6, 2022 ITEM: 14- 7 - 14 Tidewater Pickleball \ Park t Concept Plan Board of Commissioners - June 6, 2022 ITEM: 14- 8 - 1 It I M_i,Shelter I n/f Virginia Perkins Life Estate D.B. G 19G-G54 ` Zoning: R-1 5 Land Use: \ Residential n/f RE Acqul51tion5, LLC D.B. 5 1 04- 1985 ��•��N C A R p WDS 7 Q\Y ///11111111111 P.O. SOX 7221 Wilmivtgtovt, NC 28406 Tel. 910-620-2374 0 Oesrgn Solutions n/f Gary Moore etal D.B. 5 149-382 Zoning: R- 15 Land Use: Residential n/f Della Benjamin Shaw D.B. 1 824-527 Zoning: R-1 5 Land Use: Residential Utility Notes: I . Water and sanitary sewer services are expected to be available to the site from Cape Fear Public Utility Authority mains when extended by an adjacent residential development. 2. All utility services, such as electric power, CATV, gas * telephone shall be installed underground. 3. All water � sewer utilities to be mstalled per CPPUA Technical Specifications * 5tanclard5. 4. 5olid waste disposal will be by private contracted dumpster pickup. 20 S 75038OS E 0) Site Inventory Notes: I . 50115: Ke (KenanSville fine sand) t- Le (Leon sand) 2. This property 15 not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site 15 not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. There are no existing regulated trees within the development area. 7. There are jurisdictional wetlands on the site. 8. There IS no evidence of endangered species or habitat issues on the site. 9. This tract 15 not impacted by any 5pecial flood Hazard Area as evidenced on N.C. flood Map 3720323 1 OOOJ. 10. The site runoff will flow into the Prince George Creek watershed, draining into the Cape fear River, into 5C classified waters. n/f Howard Brown D.B. 2593-1 97 Zoning: R-1 5 Land Use: Vacant D.B. 4 1 49- 1 27 Tree Preservation Notes: I . Tree Preservation / Removal Permit 15 required prior to clearing � land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing 15 to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Label protective fencing with signs to be placed every 50 linear feet, or at least two (2) per area, in both English � Spanish "Tree Protection Area: Do Not Enter." \ Stormwater Management Notes: I . 5tormwater management will meet County �- State requirements. Total limits of disturbance are greater than one ( I ) acre. A New Hanover Co. Grading / Erosion Control Permit will be recid. n/f Helen McIntyre King Heirs D.B. 1824-294 Zoning: R-1 5 Land Use: Vacant \ Setback. BDeYard \ \ \ \ \ I \ \ \ Landscaped Patio Area 0 rt5 a 0 e Setback BU,erYar\ \ \ \ \ J w \ i I I I I coning: o-:� I I Land Use: CCf'SS Vacant \ ES/�t 23 ` \ 23 \ I 1 General Development Notes: General Notes: 1. All development shall be in accordance with the New Hanover County Zoning Ordinance. I . New Hanover County Parcel No.: 1 2. Project shall comply with all federal, State * New Hanover County regulations. Preliminary Development Data: Proposed Land Use: Indoor / Outdoor Recreation Center w/ Accessory Restaurant Gross floor Area: 8,000 s.f.± Bldg. Hgt.: Max. 35' Estimated Surface Coverage - Rooftops - 3G,000 s.f.± Uncovered Court Areas - 48,000 s.f.± Parkmg Areas - 3G,500 s.f.± Total - 1 20,500 s.f.± (35.5%) " Note - All security and decorative lighting shall be located so as not to shine or reflect directly onto any adjacent residential property. 323 1 OG.37.381 8 [RO 1800-002-00 1 -000 2. Tract Area: 7.79 ac.± 3. Existing Zoning District: R-1 5 _ Proposed Zoning District: (CZD) CB W 4. Comp Plan Place -Type: Community Mixed -Use � General Residential Graphic 5cale 40 30 20 10 0 20 40 Project No.: 22-OG Scale: 1"=40' Date: 04/01 /22 P.evisons: Developer: Tidewater Investment Company 1 12 1 Military Cutoff Rd., Suite C Wilmington, NC 26405 Conditional Zoning District Concept Plan Cara— Place Dr Vicinity Map (No Scale) 1�a \ \ \ \ \ \ \ I I I N W E 5 51te Zoning: B 2 II Land Use: Vacant n/f JH Land, LLC D.B. 4 1 49-1 27 Property Address: 5000 N. College Road Tidewater is e a ar Cape Fear Township / New Hanover County / North Carolina ITEM: 14- 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Current Planner CONTACT(S): Zach Dickerson; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z22-13) - Request Submitted by Northside Baptist Church, Property Owner, to Rezone Approximately 21 Acres of Land Located at 2501 N. College Road from (CZD) B-2, Regional Business to CZD PD, General Planned Development for a School BRIEF SUMMARY: The applicant is proposing to rezone approximately 21 acres to (CZD) PD in order to open a school. The school phase of this project consists of repurposing an existing 14,659 square foot building formerly used as a church into Northside Christian School. An additional, existing 5,000 square foot building on the property is proposed for use as an office for the school. The existing church use will remain. Northside Christian School will open year one as kindergarten only. The following year, as the kindergartners move to first grade, the school will enroll a new class of kindergartners. This pattern will continue each year as the school expands until they reach the limit set by the Traffic Impact Analysis (TIA): 5 years or 400 students. At that point, another TIA would be required for the school to continue to expand. Both elementary and secondary school are permitted by -right in the PD zoning district; therefore, future rezoning for the school would not be required. The long-term vision for the project includes additional phases, which are not included in the proposal under consideration. These will be separate uses from Northside Christian School and would require a modification of the Planned Development if approved. 2501 N College Rd was rezoned to (CZD) B-2 in 2012 to accommodate an on -site McDonald's. The B-2 district is intended to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto -oriented uses that meet the needs of the motoring public or that rely on pass -by traffic. Common uses in this district include: restaurants, hotels, large retailers (Best Buy, Walmart, etc.) and vehicle and equipment sales and service. The PD district was established to encourage innovative, integrated, and efficient land planning and site design concepts that achieve a high quality of development, environmental sensitivity, and adequate public facilities and services. The PD district can also provide more flexibility from conventional development standards, such as parking and street design, in order to help create a more mixed -use, pedestrian -oriented development. The proposed PD district would serve as an expansion of Northside Baptist Church's Education Ministry. The applicant proposes that the school is intended to alleviate some of the pressure on the public school system by population increases in the Cape Fear region. The proposed future uses including cafe, auto repair shop and fitness center are part of the church's vision statement in their intent to serve the community. Board of Commissioners - June 6, 2022 ITEM: 15 Per the Institute of Transportation Engineers' Trip Generation Manual, the existing church use on the property generates 404 peak Sunday trips. The Traffic Impact Analysis conducted by NCDOT estimates the initial build -out of the school, year one, to generate 90 AM and 68 PM peak hour trips. At maximum school capacity, the TIA estimates 498 AM and 364 PM peak trips for the school. The proposed future uses laid out in Phases I I -IV of this project will require further traffic studies. A TIA was completed for the project by the North Carolina Department of Transportation. This is a service that the NCDOT performs for new schools. The notable roadway improvements required for the project include extending the southbound turn lane on N College Road to Murrayville Road to at least 450 feet long, and adjust the signal timing to compensate for the additional school traffic. Per NCDOT, the church will be responsible for upfronting the cost for the roadway improvements and will be reimbursed by NCDOT. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of small- scale, mixed -use developments. This place type is common for areas along major road corridors. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the type of use that is recommended in the Community Mixed Use place type. The Planning Board considered this application at the May 5, 2022 meeting and moved to recommend APPROVAL (5- 0) of the proposed rezoning to a Conditional PD district. The Planning Board agreed with staff's recommendation of the following conditions: 1. Prior to the approval of any future phase of this project or expansion of school beyond 400 students, required NCDOT road improvements, as included in the TIA, must be completed. 2. The Terms & Conditions document shall be revised to clarify the process for approval of future development. Section 1A shall be revised as follows: "Phase 1 on Master Plan to be completed upon approval of rezoning to Planned Development. Phases 2 thru 4 are listed as future development and cannot be started without an approved modification to the Planned Development District." The board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node and along a major corridor. It also provides for the uses intended by the Community Mixed Use place type. The board found RECOMMENDING approval of the rezoning request was reasonable and in the public interest because the proposal provides uses that will serve the needs of the surrounding community. STRATEGIC PLAN ALIGNMENT: • Superior Education & Workforce Promote early learning that ensures life-long resiliency ■ Provide high quality birth through age eight learning environments RECOMMENDED MOTION AND REQUESTED ACTIONS: Based on the recommended uses and intensity for Community Mixed Use places, the context and compatibility with the immediate surrounding area, and consistency with the New Hanover County Strategic Plan, staff concurs with the Board of Commissioners - June 6, 2022 ITEM: 15 Planning Board's recommendation of approval of this application and suggests the following motion with the proposed conditions: I move to APPROVE the proposed rezoning to a (CZD) PD. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node and along a major corridor. It also provides for the uses intended by the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides uses that will serve the needs of the surrounding community. Proposed Conditions 1. Prior to the approval of any future phase of this project or expansion of school beyond 400 students, required NCDOT road improvements, as included in the TIA, must be completed. 2. The Terms & Conditions document shall be revised to clarify the process for approval of future development. Section 1A shall be revised as follows: "Phase 1 on Master Plan to be completed upon approval of rezoning to Planned Development. Phases 2 thru 4 are listed as future development and cannot be started without an approved modification to the Planned Development District." Alternative Motion for Denial I move to DE NY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node and along a major corridor, I find DENIAL of the rezoning request is reasonable and in the public interest because the full proposal would have a negative impact on the surrounding area. ATTACHMENTS: Z22-13 BOC Script Z22-13 Staff Report BOC Z22-13 Zoning Future Land Use Map Mail Out Map Initial Application Co\,er Sheet Initial Application Concept Plan Co\er Sheet Concept Plan Traffic Impact Analysis Co\er Sheet Traffic Impact Analysis Approval Letter Traffic Impact Analysis Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with 2 conditions as presented by staff. COMMISSIONERS' ACTIONS: Board of Commissioners - June 6, 2022 ITEM: 15 Approved with 2 conditions as presented by staff 4-0. Board of Commissioners - June 6, 2022 ITEM: 15 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-13) Rezoning Request (Z22-13) — Request by Northside Baptist Church, property owner, to rezone approximately 21 acres of land located at 2501 N College Rd from (CZD) B-2, Regional Business, to (CZD) PD, General Planned Development for a school. 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? b. 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) PD . I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node and along a major corridor. It also provides for the uses intended by the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides uses that will serve the needs of the surrounding community. Proposed Conditions: 1 . Prior to the approval of any future phase of this project or expansion of school beyond 400 students, required NCDOT road improvements, as included in the TIA, must be completed. 2. The Terms & Conditions document shall be revised to clarify the process for approval of future development. Section 1 A shall be revised as follows: "Phase 1 on Master Plan to be completed upon approval of rezoning to Planned Development. Phases 2 thru 4 are listed as future development and cannot be started without an approved modification to the Planned Development District." Board of Commissioners - June 6, 2022 ITEM: 15- 1 - 1 Alternative Motion for Denial I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node and along a major corridor, I find DENIAL of the rezoning request is reasonable and in the public interest because the full proposal would have a negative impact on the surrounding area. 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 recommending [Approve/Deny] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - June 6, 2022 ITEM: 15- 1 - 2 STAFF REPORT FOR Z22-13 PLANNED DEVELOPMENT APPLICATION APPLICATION SUMMARY Case Number: Z22-13 Request: Rezoning to a Conditional Planned Development (PD) district Applicant: Property Owner(s): Northside Baptist Church Northside Baptist Church Location: Acreage: 2501 N College Rd 21 PID(s): Comp Plan Place Type: R03400-01-013-005 Community Mixed Use Existing Land Use: Proposed Land Use: Church Church with addition of school Current Zoning: Proposed Zoning: (CZD) B-2, Regional Business (CZD) PD, Planned Development SURROUNDING AREA LAND USE ZONING North Single -Family Residential, Commercial R-15, CZD B-2 East Commercial Services (Circle K & AT&T facility) across N College Rd. B-2 South Single -Family Residential, Commercial R-15, B-2 West Single -Family Residential B-2 Z22-13 Staff Report PB 5.5.2022 Page 1 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 1 ZONING HISTORY July 7, 1972 Initially zoned R-15 April 2, 2012 Approved rezoning case Z-915. Rezoned from R-15 to B-2 to accommodate on -site McDonald's. COMMUNITY SERVICES Water/Sewer water services are available through CFPUA. Sanitary sewer is available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Murrayville Station Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools Recreation Blue Clay Bike Park & Northern Regional Park at Castle Hayne L CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-13 Staff Report PB 5.5.2022 Page 2 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 2 APPLICANT'S PROPOSED MASTER PLAN Overview • The Planned Development (PD) district is a type of conditional zoning district that includes a site -specific design (master plan), and mutually agreed upon conditions can be attached. Master plans for PD districts are intended to be in a bubble format that illustrate the general location and intensity of the land uses within the development. Planned developments must be constructed in accordance with the standards established in the approved master plan and must comply with all other applicable development regulations (stormwater, landscaping, roadways, parking, etc.). Compliance with the master plan and other applicable regulations is verified during the review of a site specific development proposal located within the planned development. • The PD district was established to encourage innovative, integrated, and efficient land planning and site design concepts that achieve a high quality of development, environmental sensitivity, and adequate public facilities and services. The PD district can also provide more flexibility from conventional development standards, such as parking and street design, in order to help create a more mixed -use, pedestrian -oriented development. 3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT I N-06-20201 A. Purpose The Planned Development (PD) District Is established to encourage innovative, integrated, and efficient land planning and site design concepts that achieve a high quality of development, environmental sensitivity, and adequate public facilities and services, and that provide community benefits, by: • Reducing the inflexibility of zoning district standards that sometimes result from strict application of the base district, and development standards. • Allowing greater flexibility in selecting- the form and design of development, the ways by which pedestrians and traffic circulate, how the development is located and designed 10 respect the natural features of the land and protect the environment, the location, and integration of open space and civic space into the development, and design amenities; • Encouraging a greater mix of land uses within the same development; • Allowing more efficient use of land, with smaller networks of streets and utilities, • Providing pedestrian connections within the site and to the public right-0f--way, and • Promoting development forms and patterns that respect the character of established surrounding neighborhoods and other types of land uses. B. Concept 10 1 .. La �Y C. Use Standards Allowed uses and use -specific standards for principal, accessory, and temporary uses are identified in Article 4- Uses and Use -Specific Standards. The allowed uses are only permitted for development if they are included in the MPD Master Plan that is approved as part of the PD district in accordance with Section 3.3.3.A, MDP Master Plan. UDO Section 3.3.7 — Planned Development (PD) District Z22-13 Staff Report PB 5.5.2022 Page 3 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 3 — Stormwater I Pond (existing). - � •i� { :,fir � --, � a acnaz r Cie T..' � y Proposed build- out in future phases (not covered under �•Li this PD) 7► la '�' Proposed l+�n Site egress for school Proposed School - Office Building = - T l �..... Proposed School 4) uilding w O ProposedSite k---, ingress for schoolBavarian Ln - Includes Staff Markups • The applicant is proposing to rezone approximately 21 acres to (CZD) PD in order to open a school. The school phase of this project consists of repurposing an existing 14,659 square foot building formerly used as a church into Northside Christian School. An additional, Z22-13 Staff Report PB 5.5.2022 Page 4 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 4 existing 5,000 square foot building on the property is proposed for use as an office for the school. All buildings on the property are currently used for church purposes. The large building on the northwestern portion of the property is the sanctuary, while the existing eastern buildings that parallel N College Rd are used for Sunday School and Youth Ministry. • Northside Christian School will open year one as kindergarten only. The following year, as the kindergartners move to first grade, the school will enroll a new class of kindergartners. This pattern will continue each year as the school expands until they reach the limit set by the Traffic Impact Analysis: 5 years or 400 students. At that point, another TIA would be required for the school to continue to expand. Both elementary and secondary schools are permitted by -right in the PD zoning district; therefore, future rezoning will not be required for the schools. • The long-term vision for the project includes additional phases, which are not currently included in the proposal under consideration. These will be separate uses from Northside Christian School and would require a modification of the Planned Development if approved. Community Benefit • The proposed development would serve as an expansion of Northside Baptist Church's Education Ministry. This is part of the church's goal in carrying out its vision of serving the community in spiritual, physical, recreational and community life. • The proposed school is intended to alleviate some of the pressure put on the public school system by the increase in population of the Cape Fear Region. • The proposed future uses in Phases II -IV including cafe, auto repair shop and fitness center are part of the church's vision statement in their intent to serve the community. These phases are not covered under this PD rezoning. Conditions In accordance with the standards of the Unified Development Ordinance (UDO), a Planned Development (PD) District includes a Terms and Conditions document that details any conditions of approval or proposed modifications to development standards. The following notable proposed conditions of the proposal are listed below. The full Terms and Conditions document is included in the application and will be incorporated with the Master Plan if the rezoning is approved. (Italicized text taken directly from application) 1) Conditions related to approval of the application for the master planned development zoning district classifications: a) Phase 1 on Master Plan to be completed upon approval of rezoning to Planned Development. Phases 2 thru 4 are listed as future development and cannot be started without an additional community meeting and a full TIA study encompassing these phases has been completed. b) The use and development of our property will comply with all applicable federal, state, and local laws. Z22-13 Staff Report PB 5.5.2022 Page 5 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 5 c) The use and other regulations and condition approved may be amended or modified to align with county requirements. d) Approval of this rezoning does not give approval of the site plan. All required permits must occur before construction can begin. 2) References to the Master Development Plan, including any densitylintensity standards dimensional standards and development standards: a) The Planned Development does not include residential units. The density requirements for residential units will not apply. b) The existing building as well as future buildings have been and will be developed in accordance with the county, state and federal building and environmental regulations. 3) Conditions related to the approval of the MDP Master Plan, including any conditions related to the form and design of development shown in MDP Master Plan: a) The subject property already has 2 paved access points connected to North College Road. b) The subject property also has 2 additional paved access points, one at the end of Owls Lane and one at the end of Red Hawk Road. c) There will be no gated access points. d) The development already has existing vegetation that was planted per county standards. As future structures are added additional vegetation will be added per county standards. 4) Provisions addressing how transportation, potable water, wastewater, storm water management, and other infrastructure will be provided to accommodate the prosed development: a) This proposed Planned Development already has paved roads established throughout the development. b) Stormwater management has already been installed (see attached map) c) Development is already serviced by Cape Fear Public Utilities for water and sewer. This includes our own sewer pumping station on property. 5) Provisions related to environmental protection and monitoring: a) Northside Baptist Church has in the past and will continue to follow all local, state, and federal regulation, laws, and ordinances. Because Phases II -IV would require a modification of the PD District, the Terms and Conditions document may need to be modified to clarify this. Z22-13 Staff Report PB 5.5.2022 Page 6 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 6 ZONING CONSIDERATIONS • The B-2 district is intended to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto - oriented uses that meet the needs of the motoring public or that rely on pass -by traffic. Common uses in this district include: Restaurants, hotels, large retailers (Best Buy, Walmart, etc.) and vehicle and equipment sales and service. • 2501 N College St was rezoned to B-2 on April 2, 2012 to accommodate an on -site McDonald's on church -owned property. • Much of the surrounding area is developed for residential use and is zoned R-15. • The properties across N College St are zoned B-2 and used for commercial purposes. • The PD district was established to encourage innovative, integrated, and efficient land planning and site design concepts that achieve a high quality of development, environmental sensitivity, and adequate public facilities and services. The PD district can also provide more flexibility from conventional development standards, such as parking and street design, in order to help create a more mixed -use, pedestrian -oriented development. • 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 north 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 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. Z22-13 Staff Report PB 5.5.2022 Page 7 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 7 AREA SUBDIVISIONS UNDER DEVELOPMENT Z22-13 Staff Report PB 5.5.2022 Page 8 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 8 TRANSPORTATION Site Access a N __ -or�g Ridge pr've L Site n o� \ o o- \� O- r� �co urrayv111e R°ad M Bavarian Lane © Primary Access �a� prive • Access for Northside Christian School is proposed to be provided to the subject property by Red Hawk Rd, an NCDOT owned and maintained route. • Ingress for the School to Red Hawk Rd is full -movement from Bavarian Lane, also NCDOT owned and maintained. • Egress for the School is right -out on Southbound N College Rd. Traffic wishing to travel North on N College Rd will make a U-turn at the light located at the intersection of N College and Bavarian/Murrayville Rd. • Existing church traffic uses both points of ingress at N College and Red Hawk Rd. The below table outlines current traffic numbers for the church on Sundays. Z22-13 Staff Report PB 5.5.2022 Page 9 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 9 Intensity Approx. Peak Hour Trips Existing Development Church 404 Sunday Initial Build First Year of School 90 AM / 68 PM Full Build Maximum School Capacity 498 AM / 364 PM Traffic Impact Analysis • New developments that are anticipated to generate more than 100 trips during any peak hour period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. NCDOT conducts TIAs for new schools up to a certain threshold. The TIA for this project was finalized on February 8, 2022. • The finalized TIA analyzed the development of both the initial build -out of 70 students to full build -out of 400 students for Northside Christian School. The Church plans to add other uses to the Planned Development in the future, at which time the Traffic Analysis will be revisited. The TIA references the church but does not include the already existing church traffic generation as the days of use differ. • Per conversation with NCDOT, the church will be responsible for upfronting the cost for the roadway improvements and will be reimbursed by NCDOT. • The TIA approval requires the following notable roadway improvements prior to full school (5-years or 400 students) build -out: o Extend the southbound left turn lane to at least 450 feet long, and o Adjust the signal timing to compensate for the additional school traffic Z22-13 Staff Report PB 5.5.2022 Page 10 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 10 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses 1 Mile Radios —•-•—• STIP Project T!A iLL' 1 3 L--.,.,a�r SA �•�Ali ■tr+r � � i1i�►�� a#'ram �� ► ten; .,, Nearby NC STIP Projects: • STIP Project U-5881 o Upgrade of Gordon Rd to New Centre Drive. Proposed 2029 start date. • STIP Project U-6202 o Widen roadway from Market St to I-40. Proposed construction to begin in 2022 and finish in 2029. Z22-13 Staff Report PB 5.5.2022 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 11 Page 11 of 17 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 I Land Use/Intensity TIA Status 1. Hawthorne at Smith • TIA approved February 7, Creek • 318 multi -family units 2019 • 2020 build out year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • At site access construction of a right-in/right-out only access and stop control for egress traffic. • Installation of a westbound right -turn land and southbound left -turn lane at Gordon Road and Blount Drive. Nearby Proposed Developments included within the TIA: • The Landing at Lewis Creek Estates Subdivision Development Status: Completed. All roadway improvements have been completed. ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The property is within the Smith Creek watershed. Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II & III soils. Class III indicates severe limitation. However, the site is expected to be served by CFPUA when developed. These soils will not impact this project. Z22-13 Staff Report PB 5.5.2022 Page 12 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 12 OTHER CONSIDERATIONS Representative Developments Existing Church building to be repurposed: A Z22-13 Staff Report PB 5.5.2022 Page 13 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 13 Representative Churches with Schools: St. Mark's Catholic School, Eastwood Rd Myrtle Grove Christian School, Piner Rd Z22-13 Staff Report PB 5.5.2022 Page 14 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 14 Context and Compatibility • The property is located along N College St., a major commercial corridor. • Northside Baptist Church is already developed; this project would use existing buildings on the property. • The property is located just south of Trask Middle School and Laney High School and is located north of a commercial node. 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 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 use include office, retail, mixed use, recreational, commercial, institutional, multi -family and single-family residential. Z22-13 Staff Report PB 5.5.2022 Page 15 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 15 The subject property is located in the northern portion of the County along a major road corridor and is just north of a commercial node. It is in close proximity to both residential uses and other commercial services. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of small-scale, mixed -use developments. This place type is common for areas along major road corridors. Analysis The applicant is proposing the repurposing of existing buildings on the property for the school in Phase I, with Phases II -IV encompassing the proposed future uses and build -out. The proposed use is in line with what the Comprehensive Plan recommends for this place type and aims to meet the needs of the surrounding community. While the PD district was not intended for this type of project, it is the most appropriate for the future uses proposed by Northside Baptist Church. Consistency The proposed rezoning is generally CONSISTENT with the 2016 Recommendation Comprehensive Plan because the project provides for the type of use that is recommended in the Community Mixed Use place type. PLANNING BOARD ACTION The Planning Board considered this application at the May 5, 2022 meeting and moved to recommend APPROVAL (5-0) of the proposed rezoning to a Conditional PD district. The Planning Board agreed with staff's recommendation of the following conditions: 1 . Prior to the approval of any future phase of this project or expansion of school beyond 400 students, required NCDOT road improvements, as included in the TIA, must be completed. 2. The Terms & Conditions document shall be revised to clarify the process for approval of future development. Section 1 A shall be revised as follows: "Phase 1 on Master Plan to be completed upon approval of rezoning to Planned Development. Phases 2 thru 4 are listed as future development and cannot be started without an approved modification to the Planned Development District." The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node and along a major corridor. It also provides for the uses intended by the Community Mixed Use place type. The Board found RECOMMENDING approval of the rezoning request was reasonable and in the public interest because the proposal provides uses that will serve the needs of the surrounding community. Z22-13 Staff Report PB 5.5.2022 Page 16 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 16 STAFF RECOMMENDATION Based on the recommended uses and intensity for Community Mixed Use places, the context and compatibility with the immediate surrounding area, and consistency with the New Hanover County Strategic Plan, staff concurs with the Planning Board's recommendation of approval of this application and suggests the following motions with the proposed conditions: I move to APPROVE the proposed rezoning to a (CZD) PD . I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node and along a major corridor. It also provides for the uses intended by the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides uses that will serve the needs of the surrounding community. Proposed Conditions: 1 . Prior to the approval of any future phase of this project or expansion of school beyond 400 students, required NCDOT road improvements, as included in the TIA, must be completed. 2. The Terms & Conditions document shall be revised to clarify the process for approval of future development. Section 1 A shall be revised as follows: "Phase 1 on Master Plan to be completed upon approval of rezoning to Planned Development. Phases 2 thru 4 are listed as future development and cannot be started without an approved modification to the Planned Development District." Alternative Motion for Denial I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located near a commercial node and along a major corridor, I find DENIAL of the rezoning request is reasonable and in the public interest because the full proposal would have a negative impact on the surrounding area. Z22-13 Staff Report PB 5.5.2022 Page 17 of 17 Board of Commissioners - June 6, 2022 ITEM: 15- 2 - 17 Case: Site Address: Z22-13 2501 N College Rd 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&I R-20S ❑ Indicates Conditional Zoning District (CZD) FCOO See Section 5.7 of the UDO ❑ Incorporated Areas` SHOD —Kerr-AVjV- V.- AC ' SITE m Existing Zoning/Use: CZD B-2 Proposed Zoning/Use: CZD PD CZD,,,B-2 �1,c� 4 � � p• s �. AIL fy v N Ak ❑ Murray �i ,. —ga n-Ln .� 5 r, - J ne 022 CZD VM 0 275 550 Feet Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: Ni Z22-13 2501 N College Rd CZD 6-2 CZD PD Place Types COMMERCE ZONE EMPLOYMENT CENTER i 4 GENERAL RESIDENTIAL URBAN MIXED USE .a/ COMMUNITY MIXED USE o ' General d RURAL RESIDENTIAL Residential CONSERVATIONT Community `� Mixed Kerr-Av Board SIT /ffigil � ,/ Conservation 0 500 1,000 Feet I I Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N College • • , • , Ow ^4 ` ` r 'r is � ��.�� � �+e` 4 /r 11Y` 1Y���`q���• a r k" v a .-e-OF • FA June � f- s °�. • • • • Neighboring � .�. Initial Application Documents & Materials Board of Commissioners - June 6, 2022 ITEM: 15- 6 - 1 NEW HA OVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 planningdevelopment.nhcgov.com MASTER PLANNED DEVELOPMENT APPLICATION This application form must be completed as part of a master planned development 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 10.3.4 of the Unified Development Ordinance. rPublic Hearing Procedures 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Northside Baptist Church Company Company/Owner Name 2 Address Address 2501 N. College Rd City, State, Zip City, State, Zip Wilmington, NC 28405 Phone 910-612-3576 Phone Email Clyde@northside.church I Email 2. Subject Property Information , Address/Location 2501 N. College Rd Parcel Identification Number(s) R03400-001-013-005 R03400-001-109-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 21 Conditional B-2 MPD Board of Commissioners - June 6, 2022 Page 1 of 7 ITEM: 15- 7 - 1 MDP Rezoning Application — Updated 05-2021 3. Proposed Zoning, Use(s), & Narrative Board of Commissioners - June 6, 2022 Page 2 of 7 ITEM: 15- 7 - 2 MDP Rezoning Application — Updated 05-2021 Vision Plan for Northside Church 3/28/2022 Northside Church, its staff, and members are excited for the prospect of continuing to pursue and fulfill the vision we eve God has given to us for the people of Wilmington and beyond. Please find below the outline and reasons for our request for a change of zoning to a Planned Development. We are a people of faith in God and belief in His plan for us, and for those who do not yet know Him, within and beyond the purview of our church located in the North side of Wilmington, North Carolina. We also believe that we are supposed to be a benefit and a blessing to the surrounding community. The reason for our request for a change in zoning status is to assure the ability to fulfill this vision. Our vision can be stated in brief as: "Helping People to Discover REAL life!" Please allow me to unpack that for you. REAL is an acronym that describes the four main areas of actionable items of our vision. It is the "A" in the acronym that produces the specific services that we will provide for our church and surrounding community which will necessitate a change in zoning. Some of these services require facilities or specific usage of the land. I will share in brief the R, E, and L of the acronym, and will expand on the "A" component of our vision, which requires the major portion of facilities and land. At Northside Church, we want to help people discover REAL Life. This REAL Life is a life that consists of four things: Relationship with Jesus; as Savior, Lord, Helper, and Friend Emancipation from destructive life patterns; Helping you to discover the limiting factors in your life as well providing a clear actionable plan to break free from these strongholds. Accessing the whole life offered in Christ; (See expanded explanation below) Leading others to REAL life; by 1) sharing your faith, 2) Serving your church, 3) Influencing the world, and 4) Impacting your community. If you would like a fuller discussion on any of these points, it would be my pleasure to sit down personally and share. The "A" refers to ACCESSING the "Whole" life that Jesus offered. In John 10:10, Jesus said that He has come to give us abundant life. Another way to understand the word abundant is "whole." Jesus came to give us a whole life. For a believer to experience the whole life Christ offers, they must grow in various areas of spiritual maturity. REAL Life Discipleship offers eight different paths that a believer may need to travel down on their journey to a whole life in Christ. These paths of personal growth contain a growth plan that helps to map out the journey. They may include specific discipleship courses, personal studies with a mentor or small group, and even activity projects to help the disciple be informed then transformed in this area of needed growth. While some paths may not seem as urgent to some believers as to others, to be certain there are several paths that need to be taken by each believer. Each of these paths will be expanded by providing purpose built facilities to accommodate each specific ministry as well as the peripheral ministries that may spawn from each. 1) Spiritual Life This path is all about one's relationship with God through faith in Jesus, but its focus is on the parts of the relationship where God is the main beneficiary and focus. The landmarks along this path include prayer, worship, obedience and giving. 2) Marital Life Board of Commissioners - June 6, 2022 ITEM: 15- 7 - 3 This path is a discovery of how marriage reflects the inseparable image of God as three in one, It reveals the incredible ways marriage is designed to be a picture of God's relationship with Himself and with the redeemed, while unpacking all of the dynamics that go into a marriage relationship. The landmarks along this path include preparing for marriage, sex and intimacy, and learning how to love each other as God loves. 3) Family Life This path teaches how to pass the Christian faith to the next generation effectively. It reminds us of two important truths: children are a gift from God, and their inheritance from us is spiritual more than anything else. The landmarks along this path include understanding and navigating through the different stages in a person's life, making the right deposits, and God's design for the roles of those in the immediate and extended family. 4) Financial Life This path focuses on how stewardship increases influence. Money is a powerful tool —for good or for bad — but it's just a tool. This path helps us understand God's design for wealth, both to bless the believer and extend the Kingdom's territory. The landmarks along this path include learning the purpose of possessions, taking control of one's finances, and how to use wealth as God intended —to bless the believer and enlarge His spiritual territory. 5) Work Life This path is a discovery of how work can be creation in action. When God commanded Adam to be fruitful and multiply, and tend the earth, it was originally a blessing rather than a curse. In the life of a disciple, work can be a blessing again. As those created in God's image, we can once again reflect the beauty of God's created work by our own creative acts. The landmarks along this path include discovering the joy of work; discerning what type of work is best for the individual; finding, getting, and keeping the right job; challenges on the job; when is it right to retire, and what to do when we can no longer work. 6) Community Life This path teaches how to embrace the power of the greater family of God. Here, we discover that the Church of God does not have a physical address. Rather, the family of God infiltrates virtually every corner of the world, with all kinds of people whom we've never seen. This path also reveals the responsibility of the Church of God to care for His creation, to love others as Christ loves, and to declare the gospel of Christ in our community and across the world. The landmarks along this path include discovering the tapestry of the world- wide church, learning how to present the message of salvation and REAL life to the lost, discerning how God might want us to serve Him at Northside, in the community, across the state and nation, and around the world. 7) Recreational Life This path simply helps the busy believer learn how to rest. It reminds us of God's example and commandment to rest, and it explains why rest is so important to the person and those he affects. The landmarks along this path include God's purpose and design for rest and fun, how to maintain a proper balance of work and rest, and effective ways to rest. 8) Physical Life This path guides the believer toward health and fitness with a purpose. Unlike the world's idea, God has a particular image of what a healthy person looks like. He wants His children to be healthy, not to reflect the unrealistic standards of today's society, but to reflect the beauty and utility of His creation. The landmarks along this path include learning your physical make-up, practical nutrition and exercise, and learning the signs of health problems before they become issues. Board of Commissioners - June 6, 2022 ITEM: 15- 7 - 4 The failure of many ministries has been the singular approach of teaching. To expect any person to merely hold these truths in their head or to engage in them on their own is less than optimal. Therefore, Northside has determined to bolster our teaching with actual facilities to facilitate each of these areas. •rently on the accompanying master plan you can see the future Cafe', car repair shop, ice machine, fitness center, community and youth facility, and school. These are all part of the necessary facilities to help us carry out this vision. As we acquire more land and opportunity, we will continue to expand our reach and facilitation of helping people in this life in preparation for the life to come. I hope this brief input is sufficient to explain our path for the future and I hope you will be sympathetic to our pursuit. It is our sincere desire to be a benefit and a blessing to our community and beyond, and your approval of this request for rezoning will be a significant step to make this a reality. Thank you for your consideration, Pastor Kenny Chinn Board of Commissioners - June 6, 2022 ITEM: 15- 7 - 5 4. Traffic Impact Please provide the estimated number of trips generated for the project's proposed maximum density and intensity 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: 498 PM Peak Hour Trips: 364 5. Master Planned Development Considerations J Please explain how the proposed development meets the following criteria (attach additional pages if necessary). 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. This rezoning would give us the opportunity to provide an additional school to help the already over crowding of the current schools in the area, along with the opportunity to continue to provide small businesses to help our community. Per the 2016 comprehensive plan, this would allow us to provide services to the community we serve. 2. How would the requested development be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. The 2016 comprehensive plan map list use as community mixed use. Some uses listed for this are: office, retail, recreational, and institutional. Along with the school we are proposing, our property already has a community park that includes: , basketball courts, volleyball courts, a children's playground, and a picnic shelter. We are also proposing in later phases, an indoor fitness facility, auto service facility, cafe, commercial ice dispenser, and a church community youth building. Board of Commissioners - June 6, 2022 Page 3 of 7 ITEM: 15- 7 - 6 MDP Rezoning Application — Updated 05-2021 3. How does the proposed master planned development meet the required elements and intent of the proposed zoning district? The PD zoning will allow us to continue providing varies businesses as well as a a school and park for our community. PD is the only zoning district that allow churches, schools, parks, and businesses that include retail in the same zoning district. Board of Commissioners - June 6, 2022 Page 4 of 7 ITEM: 15- 7 - 7 MDP Rezoning 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". Applications determined to be incomplete must be corrected in order to be processed for further review. Appication Checkist Applicant Initial CY 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 19/Community meeting written summary E? 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 M/A copy of the title to all land that is part of the proposed master planned development district to demonstrate unified control [" Master Development Plan (MDP) Master Plan including the elements listed on the attached checklist: ❑ Proposed MDP Terms & Conditions Document specifying • Conditions related to approval of the application for the master planned development zoning district classification; • References to the MDP Master Plan, including any density/intensity standards, dimensional standards, and development standards; • Conditions related to the approval of the MDP Master Plan, including any conditions related to the form and design of development shown in the MDP Master Plan; • Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development; • Provisions related to environmental protection and monitoring; and • Any other provisions relevant and necessary to the development of the master planned development in accordance with applicable standards and regulations. p' One (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. C e One (1) digital PDF copy of ALL documents AND plans i Board of Commissioners - June 6, 2022 ITEM: 15- 7 - 8 Page 5 of 7 MDP Rezoning Application — Updated 05-2021 6. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Master Planned Development zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approvral. / Signature of Property Owners) Print Name(s) - AO& --) F nature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - June 6, 2022 Page 6 of 7 ITEM: 15- 7 - 9 MDP Rezoning Application — Updated 05-2021 Master Planned Development (MPD) Master Plan Requirements Checklist Requirements for All MPD Districts (UMXZ, RFMU, PD) Tract boundaries and total area, location of adjoining parcels and roads General configuration and relationship of the principal elements of the proposed development, including uses, general building types, density/intensity, pedestrian and vehicular circulation, and public facilities. Proposed resource protection and open space areas L" Development schedule, including proposed phasing All existing and proposed easements, required setbacks, rights -of -way, and buffering The location of Special Flood Hazard Areas, if applicable '0 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 ,y included. Requirements for Modifications to Existing EDZD Districts All applicable information required for All MPD Districts listed above Map showing location of existing public water and sewer lines, roadway classification, existing or planned bicycle and pedestrian facilities, schools, parks, employers, and shopping districts within a '/2 mile of the outermost project boundary Proposed location, size, and type of signage Inventory of existing environmental, cultural, historical, and natural site attributes Calculations of the requested density/intensity and documentation supporting the award of points for any density bonus Additional Requirements for PD Districts Identification of the proposed compensating community benefits. They may include, but are not limited to, improved design, natural preservation, improved connectivity for pedestrians and/or vehicles, mixed -use development, green building practices, and dedication of land or in -lieu fee contribution. /1 Board of Commissioners - June 6, 2022 Page 7 of 7 ITEM: 15- 7 - 10 MDP Rezoning Application — Updated 05-2021 Concept Plan Board of Commissioners - June 6, 2022 ITEM: 15- 8 - 1 Traffic Impact Analysis Board of Commissioners - June 6, 2022 ITEM: 15- 10 - 1 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER J. ERIC BOYETTE GOVERNOR SECRETARY DATE: February 8, 2022 ***NCDOT REQUIRED ROAD IMPROVEMENT FOR SCHOOL*** TO: Benjamin T. Hughes, PE - District Engineer FROM: Tammy A. Germiller - Municipal and School Transportation Project Engineer r4 SUBJECT: Northside Christian School. Traffic Operations review- New Hanover County, Division 3. The Municipal and School Transportation Assistance (MSTA) group in conjunction with the Congestion Management Section (CMS) have performed a Traffic Operations review of the site plans submitted to the District. The Northside Christian School is proposed to be located at 2501 N. College Road in Wilmington, NC. This school is planned to serve K through 71 grade starting with an initial 70 students to a full build of 400 students. The following improvements are recommended on US-117/NC-132 (N. College Road) at SR-1322 (Bavarian Lane/Murrayville Road) prior to the full build -out phase: * Extend the southbound left turn lane to at least 450 feet long, and • Adjust the signal timing to compensate for the additional school traffic. NCDOT APPROVAL...: Transportation Management Unit OR State Traffic Management Engineer Joseph E. Hummer PE, PhD Signature Date: 2/8/22 Mailing Address: NC DEPARTMENT OF TRANSPORTATION TRANSPORTATION MOBIL TY & SAFETY DIVISION 1561 MAIL SERVICE CENTER RALEIGR NC 27699-1561 Transportation Mobility and Safety Division State Traffic Engineer J. Kevin Lacy, PE, CPM Signature Date: Telephone: (919) 814-5000 Fax: (919) 771-2745 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 750 N. GREENFIELD PARKWAY GARNER, NC 27529 Board of Commissioners - June 6, 2022 ITEM: 15- 11 - 1 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TRANSPORTATION MOBILITY AND SAFETY DIVISION TRAFFIC MANAGEMENT UNIT Northside Christian School New Hanover County TRAFFIC OPERATIONS STUDY Project Number: SCH-2022-001 Prepared by: Municipal and School Transportation Assistance NOTICE The following report was prepared using information provided by Officials of the North Carolina Department of Transportation, and data by Municipal & School Transportation Assistance. The methodology used to complete the evaluation is believed to be consistent with the current traffic engineering practice and principals. The recommendations presented herein are based on a comprehensive review and analysis of the available data and the application of engineering judgment. Any figures included in this report are Concept Plans and Not For Construction. MAILING ADDRESS: MOBILITY AND SAFETY DIVISION 1561 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1561 TELEPHONE: 919-773-2800 FAx:919-771-2745 Board of Commissioners - June 6, 2022 WEBSITE: WWffWdr.Afr-T1I2=T.G0V/-MSTA LOCATION: 750 NORTH GREENFIELD PARKWAY GARNER, NORTH CAROLINA 27529 Northside Christian School Page 1 Northside Christian School Traffic Operations Study February S, 2022 Prepared For: Northside Christian School and NCDOT Division 3 Office Prepared By: Municipal and School Transportation Assistance Traffic Management Unit Transportation Mobility and Safety Division of Highways North Carolina Department of Transportation Analysis: Tammy A. Germiller MAILING ADDRESS: TELEPHONE: 919-773-2800 LOCATION: MOBILITY AND SAFETY DIVISION FAx: 919-771-2745 750 NORTH GREENFIELD PARKWAY 1561 MAIL SERVICE CENTER Board of Commissioners - June 6, 2022 GARNER, NORTH CAROLINA 27529 RALEIGH, NORTH CAROLINA 27699-1561 WEBSITE: WW1M. Et57N1CDC$f.GOV/-MSTA Northside Christian School Page 2 PROPOSED CONDITIONS The Northside Christian School is proposed to be located at 2501 N. College Road in Wilmington, NC. This school is planned to serve K through 7' grade starting with an initial 70 students to a full build of 400 students. There is also a maximum proposed 66 students in the pre-K. ANALYSIS Esdimted School Traffic Calculations Local data is always more accurate for determining volumes from an existing school. Accurate field data could not be obtained at the time of this study due to NCDOTs Count system being unavailable. And in an effort to save time historic counts were utilized along with the MSTA Calculator. This calculator was developed by building a database of specific school traffic data and determining averages that can be compared to similar schools across North Carolina. Traffic calculations for the Initial build are shown on Table 1 and for the Full build on Table 2 below. Table I - MSTA School Calculator — Initial Build MSTA School Queue Input Calculations Type School Student Population Number of Buses Staff Members PM Total Vehicles PM Peak Vehicles Average Queue Length feet High Demand Length feet Total Needed Queue len th Elem 70 0 1 12 28 14 311 93 404 AM Trips Generated PM Trips Generated Parents Buses Staff Trips Parents Buses Staff Trips IN 39 0 12 51 28 28 OUT 39 39 28 0 12 40 NOTE: Total AM Trips 90 Total PM Trips 68 Volumes reflect peak traffic for school operations, normally taking lace in approximately 30 minutes. Table 2 - MSTA School Calculator — Full Build MSTA School Queue Input Calculations Type School Student Population Number of Buses Staff Members PM Total Vehicles PM Peak Vehicles Average Queue Length feet High Demand Length feet Total Needed Queue lenoth Elem 400 0 50 154 77 1,709 513 2 221 AM Tri s Generated PM Trips Generated Parents Buses Staff Trips Parents Buses Staff Trips IN 224 0 50 274 157 157 OUT 224 224 157 0 50 207 Total AM Trips 498 Total PM Tri s 364 NOTE: Volumes reflect peak traffic for school operations, normally taking place in approximately 30 minutes. Data indicates that the highest traffic volumes generated by a school are during the AM period. In most cases this high traffic volume will coincide with peak traffic demands on surrounding streets and roads. Traffic will often arrive in a random process across a thirty -minute time period helping to spread out the number of vehicles on campus at one time. This random process will help to reduce the overall traffic queues (back-ups) on the campus; however, during the heaviest peak a platooning MAILING ADDRESS: TELEPHONE: 919-773-2800 LOCATION: MOBILITY AND SAFETY DIVISION C; rr Board of 919-771-274'5rhisioners- Dune 6, 2�22 750 NORTH GREENFIELD PARKWAY 1561 MAIL SERVICE CENTER GARNER, NORTH CAROLINA 27529 M RALEIGH, NORTH CAROLINA 27699-1561 WEBSITE: W N. bTCFNTtlEp� CT5I41 l5I00T3G0V/—MSTA Northside Christian School Page 3 (grouping) of vehicles will occur. This platooning must be accounted for when performing intersection analysis at the school driveways and nearby intersections by implementing timed delays appropriately. In addition, the high number of vehicles can create traffic congestion and related safety concerns with pedestrian/vehicle operations on -campus, at the campus driveways, and at nearby roadway intersections and/or crosswalks. School PM traffic operations will often take place when traffic volumes on neighboring streets are off-peak; however, vehicles will arrive on campus well before the school dismissal. If not prohibited, vehicles will often park in all available spaces and queue along the campus driveway(s). This PM queuing will often result in vehicles being stopped in the roadway or along the shoulder of a major through route resulting in an increase possibility of accidents and similar traffic related safety concerns. These concerns are increased if the student loading operations are not organized and efficient. Additional Uuene considerations • There are no buses proposed for this school, which is typical for an urban charter. And as this school is located in Wilmington the Urban charter tab on the MSTA calculator was utilized. Trip generation methodokltm • Data indicates that the AM traffic will have the largest impact at each intersection; therefore, this report will only provide analysis for that time period. • Due to the effects of Covid on traffic, counts on traffic volumes in 2020 were significantly lower than previous years and 2021 is not published yet. Therefore the 2019 AADTs were utilized for background volumes. • Counts were provided that had been taken in 2019 for the intersection of US 117/NC 132 (N. College Rd,) at SR 1322 (Long Ridge Dr.). This count helped determine background volumes and trip generation split. From this count, trip distribution was determined to be 55% of AM traffic was coming in from the south and 45% of traffic coming from the north. SynchroIMinTrraffic Analysis Note that the driveways on US 117/NC 132 (N. College Rd.) and on SR 1322 (Bavarian Lane) were modeled in Synchro/SimTraffic with the following traffic patterns and trip numbers taken from the calculator. It was determined that these intersections will function acceptably with the following recommendations. The intersection of US 117/NC 132 (N. College Road) at SR 2160 (Long Ridge Drive) was also included with the above model. There will only be a slight increase of mainline traffic as school traffic will not be turning from or to this intersection. Additiontil infer► ation • There is a Highway Safety Improvement location (HSIP) near the school. US 117/NC 132 (N. College Road) at SR 2160 (Long Ridge Drive) has PH number 64I0065 for year 2020 intersections. • There are no proposed STIP locations near the school. MAILING ADDRESS TELEPHONE: 919-773-2800 LOCATION: MOBILITY AND SAFETY DIVISION Boardof(!Arxmiss%ners5June6,2()22 750 NORTH GREENFIELD PARKWAY 1561 MAIL SERVICE CENTER GARNER, NORTH CAROLINA 27529 RALEIGH, NORTH CAROLINA 27699-1561 WEBSITE: VWWV. d 615N&Oi�.GOV/-MSTA Northside Christian School Page 4 • SR 1322 (Bavarian Lane) at SR 2617 (Red Hawk Road) has an existing right turn lane and a Two- way left turn lane. SR 2616 (Owls Lane) has a median which restricts left turns in from eastbound SR 1322 (Bavarian Lane) and left turns out from SR 2616 (Owls Lane). RECOMMENDATIONS NCDOT's goals are to make our transportation network safer, move people and goods more efficiently and make our infrastructure last longer. Recommendations and comments are described below and shown on Figure I and Figure 2. .Fife Plan specific Access A • Only the staff should enter from this access during loading operations. Staff should turn into the parking lots prior to Internal Intersection B in order to avoid conflicts with the parent queue (for Full Build). • Exit shall be coned off or gated for vehicles exiting onto US 117/NC 132 (N. College Road) so that parents do not utilize this exit to circumvent the loading zone. Access B • All parents to exit right out only onto US 117/NC 132 (N. College Rd). Any parent wanting to travel north on US 117/NC 132 (N. College Rd) should proceed to the signalized intersection of US 117/NC 132 (N. College Rd) at SR 1322 (Bavarian Lane/Murrayville Road). ■ Exit should be channelized and signed to discourage any vehicles from turning left. SR 1322 (Bavarian Lane) at SR 2617 (Red Hawk Road) All parents are to enter here. Existing geometry to remain the same. Parent queue and lauding zone Interim specific (Maximum 140 students) • Parents should turn right at Internal Intersection A following the path in a single line to the loading zone. Note that there are existing double lanes on the northside of the church building. Both lanes can be utilized for the parent queue but a "Stop line" and directions for the Full build specific below will be applicable. Full build specific (Maximum 400 students) • Parents should form a double queue from Internal Intersection A following around the path to Internal Intersection B and then turning left. • Install a "Stop Line" 20-foot before the first student -loading bay by installing a 6-inch wide solid white pavement line extending across the driveway. "Stop Here" signs may need to be installed at the stop line, to help indicate that traffic should stop and wait for the next available loading bay. During times that a double queue loading process is used, it will be necessary for a faculty member to direct the double queued parents into the single lane Student Loading Zone. MAILING ADDRESS: MOBILITY AND SAFETY DIVISION 1561 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1561 TELEPHONE: 919-773-2600 LOCATION: Board of &ommssloners5-June 6, ZI)22 750 NORTH GREENFIELD PARKWAY GARNER, NORTH CAROLINA 27529 F WEBSITE: WVWV. &Hi e11. C�'OR OV/�MSTA Northside Christian School Page 5 • Provide for a physical barrier for the Full build at Internal Intersection C to prevent parents from dropping children in the parking lot and circumventing the loading zone. Overall • Define the Student Loading Zone by installing five students loading bays using six-inch wide, solid -white pavement markings. Each bay should be a minimum of eight feet wide, from the edge of curb, and the lengths of 20 feet for the end bays and 28 to 30-feet for the middle bays. The loading bays will define where vehicles are to load students and provide adequate room for exiting vehicles to pass other loading vehicles when necessary. Making the student loading operations organized and more efficient will directly improve pedestrian safety and reduce the delays and queue length of the school related traffic. • The student loading zone should be wide enough to allow for a bypass lane. • Pedestrian safety is addressed by reducing conflicts between the pedestrian and vehicles. This is obtained by installing walking paths away from vehicle movements, placing pedestrian crosswalks in highly visible areas or at intersections where drivers will expect them, installing a fence or barrier to separate pedestrians and vehicles, and most importantly defining and operating an organized student loading process. • Designate 6-8 "Visitor Parking" spaces just past the Student Loading Zone and near the building entrance to help improve the safety and efficiency of the student loading operations. This parking should be identified by installing "Visitor Parking" signs and/or pavement markings at the spaces to be assigned. These parking spaces will provide an area, outside of the Student Loading Zone, for parents requiring extended time to load. If a parent stops in the loading zone and needs additional time to wait to load their student, a loading assistant should direct that parent to the Visitor Parking. Pre K students • Pre-K pickup and drop-off should not be occurring during parent loading/unloading operations and should not be included in the driveway queue. • Pre-K parents should enter from SR 2616 (Owls Lane) and drop off student(s) in the designated Pre-K loading/Unloading area. o Pre-K parents can exit from SR 2616 (Owls Lane) or from SR 2617 (Red Hawk Road). Note that using SR 2617 (Red Hawk Road) would necessitate cutting through where the carpool line for grades K — 7 stack therefore it is imperative that Pre-K pickup/drop-off does not occur during times for grades K — 7 loading operations are occurring. General • At the request by the Division Traffic Engineer the following improvements are recommended on US 117/NC 132 (N. College Road) at SR 1322 (Bavarian Lane/Murrayville Road) prior to the full build out phase. o Reduce the median width to allow southbound left turning and u-turning vehicles a longer turn lane. o Provide for any additional pavement as necessary to accommodate any u-turning vehicles from school traffic not allowed to turn left from the exit driveway. o The signal timing may need to be adjusted to compensate for additional school traffic. • Provide a Traffic Management Plan (TMP) to the parents (See attached) MAILING ADDRESS: TELEPHONE: 919-773-2800 LOCATION: MOBILITY AND SAFETY DIVISION FAx: 919-771-2745 750 NORTH GREENFIELD PARKWAY 1561 MAIL SERVICE CENTER Board of Commissioners - June 6, 2022 GARNER, NORTH CAROLINA 27529 RALEIGH, NORTH CAROLINA 27699-1561 WEBSITE: WWW. (bTEAdH.NCL2}T(b0V/-MSTA Northside Christian School Page 6 FINAL The recommendations and findings of this report should not be thought of as mandates for action. It is and will be the responsibility of Northside Christian School to implement and/or construct any of the recommendations located within their property boundaries. Any recommendations or improvements located within the Department of Transportation roadway right-of-way will require the consultation of the Division Engineer. If participation needs to be considered, the following factors will be considered before any action is taken: jurisdictional responsibility, availability of funds, and the priority placed on the improvements by the Department of Transportation relative to all other planned and programmed improvements in the area. MAILING ADDRESS: TELEPHONE: 919-773-2800 LOCATION: MOBILITY AND SAFETY DIVISION FAx: 919-771-2745 750 NORTH GREENFIELD PARKWAY 1561 MAIL SERVICE CENTER Board of Commissioners - June 6, 2022 GARNER, NORTH CAROLINA 27529 RALEIGH, NORTH CAROLINA 27699-1561 WEBSITE: WVVVV. d.TfiMc &CLF}fiGOV/—MSTA Northside Christian School Page 7 Northside School Transportation Management Plan (TMP) The Transportation Management Plan (TMP) informs staff, parents, and visitors how to implement school traffic operations efficiently. It may also be shared with neighboring businesses for informational purposes. It can provide a traffic flow design for average and high demand days. • Parents must not arrive earlier than 30 minutes prior to the AM or PM bell schedule. School officials must manage and strictly enforce this. Note that parents cannot park on adjoining roads waiting to be allowed on the campus. • Parents should enter the parent queue only from SR 2617 (Red Hawk Road). Interim specific (Maximum 140 students) • Parents should turn right at Internal Intersection A following the path in a single line to the loading zone. Full build specific (Maximum 400 students) • Parents should form a double queue from Internal Intersection A following around the path to Internal Intersection B and then turning left. Follow path to the Stop bar. ■ From the stop line parents are to wait until the school official directs them to pull forward into one single lane at the loading zone. ■ A school official will direct the first five vehicles in the stacking lane closest to the building to pull up and park in the loading zone. The school official will alternate the lanes. • A school official will supervise loading to ensure the students safety and help make this loading process perform as quick as possible. General • If a student needs extended time to load or.the student is to be picked up early, then the parents are encouraged to use the short term visitor parking spaces. ■ A staff member may need to be positioned at the ingress to the staff driveway (Access A) to prevent parents from circumventing the proposed queue pattern. The exit path should be coned or gated off. • Parents picking up students earlier than the PM bell need to do so at least 45 minutes prior to so that they are not caught in the parent queue line. • Implement an "Advanced Identification" loading process during the PM student loading period. To better organize and speed-up the student loading, this process will require the placement of a loading assistant (staff member, parent volunteer, or identified student patrol) before the student loading zone. It would be the loading assistant's responsibility to determine the name of the next student to be loaded. This can be accomplished by having parents display their student's name on a flash card placed in the windshield of the car or by asking the parent. Once the information is obtained, it is forwarded (typically by walkie-talkie or megaphone) to another loading assistant who has access to the students. By the time the parent reaches the loading zone, the student is waiting next to the curb ready to get into the vehicle. Another loading assistant should be stationed at the loading zone to supervise and insure safe operations. • Pedestrians should use sidewalks and crosswalks where provided. • Parents dropping children off for the Pre-K must utilize the designated Pre-K entrance from SR 2616 (Owls Lane) only. MAILING ADDRESS: TELEPHONE: 919-773-2800 LOCATION: MOBILITY AND SAFETY DIVISION FAx: 919-771-2745 750 NORTH GREENFIELD PARKWAY 1561 MAIL SERVICE CENTER Board of Commissioners - June 6, 2022 GARNER, NORTH CAROLINA 27529 RALEIGH, NORTH CAROLINA 27699-1561 WEBSITE: VMN. Cffm-W1f.NCi 7830V/-MSTA STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER J. ERIC BOYETTE GOVERNOR SECRETARY DATE: February 8, 2022 ***NCDOT REQUIRED ROAD IMPROVEMENT FOR SCHOOL*** TO: Benjamin T. Hughes, PE - District Engineer FROM: Tammy A. Germiller - Municipal and School Transportation Project Engineer Tilt'' SUBJECT: Northside Christian School, Traffic Operations review, New Hanover County, Division 3, The Municipal and School Transportation Assistance (MSTA) group in conjunction with the Congestion Management Section (CMS) have performed a Traffic Operations review of the site plans submitted to the District. The Northside Christian School is proposed to be located at 2501 N. College Road in Wilmington, NC. This school is planned to serve K through 71 grade starting with an initial 70 students to a full build of 400 students. The following improvements are recommended on US-117/NC-132 (N. College Road) at SR-1322 (Bavarian Lane/Murrayville Road) prior to the full build -out phase: • Extend the southbound left turn lane to at least 450 feet long, and ■ Adjust the signal timing to compensate for the additional school traffic. NCDOT APPROVAL: Transportation Management Unit OR State Traffic Management Engineer Joseph E. Hummer PE, PhD ,.a Signature Date: 2/8/22 Mailing Address: NC DEPARTMENT OF TRANSPORTATION TRANSPORTATION MOBILITY & SAFETY DIVISION 1561 MAIL SERVICE CENTER RALEIGI-L NC 27699-1561 Transportation Mobility and Safety Division State Traffic Engineer J. Kevin Lacy, PE, CPM Signature Date: Telephone: (919) 814-5000 Fax: (919)771-2745 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 750 N. GREENFIELD PARKWAY GARNER, NC 27529 Board of Commissioners - June 6, 2022 ITEM: 15- 12 - 9 ET ro ro U M tD a3 L a M� F ~T � • a n + a 5. p : y D M 7 _ N � j•i� ry Tn O 0 0O C) 0 P' �M I 1 ac �� u,� a' �v I I o o g — A� rn rn S 4 T n �' cn r `4 `$ m 3 •c z M z (Kp O .�-r m fO o i` `-0 a 9i (D c 0- 0 = ? �w o C N n R o �M0 C g'n0 Qo v 0 C I y � N •Gi S C Board of Commissioners - June 6, 2022 0 0 f:i m B f0 w y w.• � ro S to 4kk�44 CD y pp 0 w co1. 4 Y , spa 1 ,.. ..+- • W to 1 y� T I) p�• O rSf A O n -0 fn -�-I 1 'La 1 NN1 L.rl .V $$ o N x I C� r ro T tro ro Y1 D mpg w to ye U ) w o Z ro i5 0 o=r : w �. 31 w rrfi rD ^ T f1 O' rC � j.t L ro c Ln � TO v •� � o � I � T C_ T OJ L� C CL Board of Commissioners - June 6, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 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 (Z22-14) — Request Submitted by Cindee Wolf with Design Solutions, Applicant, on Behalf of ABA Self Storage, LLC, Property Owner, to Rezone Approximately 0.23 Acres of Land Located at 4631 Carolina Beach Road from (CZD) B-2, Regional Business to (CZD) R-5, Residential for a Single -Family Residential Unit with Accessory Structure BRIEF SUMMARY: The applicant is proposing to rezone approximately 0.23 acres located at 4631 Carolina Beach Road from (CZD) B-2 to (CZD) R-5 to renovate a vacant existing single-family dwelling on the parcel and construct a 30' x 50' accessory structure. The Planning Board voted to recommend denial of the request at their May 5, 2022 meeting, but the applicant has elected to proceed with a public hearing to receive a final determination by the Board of Commissioners. The existing CZD district for this property was established in February 2022 with the approval of rezoning Z21-20. The subject parcel and the abutting parcel to the north and west were rezoned to (CZD) B-2 for the development of a 17,000 square foot indoor recreational facility and 5,000 square feet of general retail and animal grooming services. The approved concept plan had the use of the subject site as parking for the commercial structure. It may be possible for the remnant portion of the (CZD) B-2 district approved in Z21-20 to meet all required standards if the proposed rezoning were approved. This would have to be determined as part of a future TRC review of a site plan incorporating required parking and the additional buffer width that would be triggered by the (CZD) R-5 rezoning. If the changes to the site plan had material effect on the character of the approved indoor recreation development, a rezoning of that parcel would be required. Anticipated changes to the approved development under Z21-20 include an additional buffer between the commercial land use and the single-family residence. The parcel fronts and has direct access to Carolina Beach Road. As depicted in the application materials, the parcel will have a right -in, right -out only access. This access will be separate from the access approved for the adjacent commercial development per existing conditions and approved within Z21-20. The development approved with Z21-20 is estimated to generate 46 AM peak hour and 73 PM peak hour trips. If the rezoning for the residential use is approved, it is estimated that the combined generated trips between both parcels would increase by 1 AM peak hour trip and 1 PM peak hour trip. 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). The subject property is located along the major roadway corridor Carolina Beach Road. In addition to the vacant parcel tied to Z21-20 to the north and west, the subject parcel is bordered to the east by a multi -family development within the City of Wilmington's municipal limits. Office and civic uses are located across from Carolina Beach Road. The proposal is located between the Monkey Junction intersection and the proposed Fairfield Park mixed -use development where transitional service uses would be more appropriate than a single-family dwelling. Board of Commissioners - June 6, 2022 ITEM: 16 Based on the current general student generation rate, this proposal would not have an effect on the local school system. 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. The proposed (CZD) R-5 rezoning is generally INCONSISTENT with the 2016 Comprehensive Plan because the proposed use is less in line with those recommended for Community Mixed Use place types, the district is located within a transitional area, and the uses around the subject site are a mix of commercial, multi -family residential, and institutional. The Planning Board considered this application at the May 5, 2022 meeting and moved to recommend DENIAL (5-0) of the proposed rezoning to a (CZD) R-5. The board found it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides a type of use not recommended in the Community Mixed Use place type and the residential densities are not in -line with those recommended for the place type. The board found recommending DENIAL of the rezoning request was reasonable and in the public interest because the proposal is located within an area that possesses a mixture of uses and higher intensities. The proposal is not similar in form and density to other nearby projects and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: The area of the subject site is located in is between one of the county's three identified commercial nodes and an approved mixed -use development within the City of Wilmington. A mixture of uses and higher intensities can be found between these two areas. The proposal is not similar in form and density to other nearby projects. As the proposal is a low -density, single-family dwelling, it may affect the development of the approved commercial land use on the adjacent property, and is located along a heavily traveled corridor between two developing nodes, the proposal has been determined to not be in line with the Comprehensive Plan recommendations for this area. As such, staff recommends denial of this application and suggests the following motion: I move to DENY ofthe proposed rezoning to a (CZD) R-5 district. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides a type of use not recommended in the Community Mixed Use place type and the residential densities are not in -line with those recommended for the place type. I also find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is located within an area that possesses a mixture of uses and higher intensities. The proposal is not similar in form and density to other nearby projects and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. Alternative Motion for Approval I move to APPROVE of the proposed rezoning to a (CZD) R-5 district. While I find it to be INCONSISTENT 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 APPROVAL of the rezoning request is reasonable and in the public interest Board of Commissioners - June 6, 2022 ITEM: 16 because the proposal allows for the use of an existing residential structure and is low -intensity. ATTACHMENTS: Z22-14 Script BOC Z22-14 Staff Report BOC Z22-14 Zoning Z22-14 FLUM Z22-14 Mailout Initial Application Comer Sheet Z22-144631 Carolina Beach Road Application Submittal Documents Concept Plan Corer Sheet Z22-14 Conceptual Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend denial as presented by staff. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - June 6, 2022 ITEM: 16 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-14) Request by Cindee Wolf, applicant, on behalf of the property owner, ABA Self Storage, LLC, to rezone approximately 0.23 acres of land located at 4631 Carolina Beach Road from (CZD) B-2, Conditional Regional Business to (CZD) R-5, Conditional Residential Moderate -High Density. 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 Denial I move to DENY the proposed rezoning to a (CZD) R-5 district. I find it to be INCONSISTENT I with the purposes and intent of the Comprehensive Plan because the project provides a type of use not recommended in the Community Mixed Use place type and the residential densities are not in -line with those recommended for the place type. I also find DENIAL of the rezoning ' request is reasonable and in the public interest because the proposal is located within an area that possesses a mixture of uses and higher intensities. The proposal is not similar in form and density to other nearby projects and would not serve as a benefit as it does not provide an I appropriate transition between adjacent land uses. Example Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) R-5 district. While I find it to be INCONSISTENT 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 APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows for the use of an existing residential structure and is low -intensity. Board of Commissioners - June 6, 2022 Emohm, ITEM: 16- 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a (CZD) 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 - June 6, 2022 ITEM: 16- 1 - 2 STAFF REPORT FOR Z22-14 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-14 Request: Rezone 0.23 acres to (CZD) R-5, Conditional Residential District Applicant: Property Owner(s): Cindee Wolf ABA Self Storage, L.L.C. Location: Acreage: 4631 Carolina Beach Road 0.23 PID(s): Comp Plan Place Type: R07000-004-005-000 Community Mixed Use Existing Land Use: Proposed Land Use: Vacant Single-family Dwelling Single-family Dwelling with Accessory Structure Current Zoning: Proposed Zoning: (CZD) B-2, Regional Business (CZD) R-5, Residential Moderate -High Density ZONING N CZD 113-2 CITY OF a�keo WILMINGTON R-15 New Hanover SURROUNDING AREA LAND USE ZONING North Undeveloped Parcel (CZD) B-2 East Multi -family Housing Development Community Business (City of Wilmington) South Carolina Beach Road Right -of -Way & Multi -family N/A & Community Business Housing Development (City of Wilmington) West Carolina Beach Right -of -Way and Undeveloped N/A & (CZD) B-2 Parcel Z22-14 Staff Report BOC 6.6.2022 Page 1 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 1 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) December 5, Subject parcel rezoned to (CUD) B-1 (Z-821) for a mixed -use development 2005 containing uses allowed within the B-1 zoning district. With the adoption of TA21 -01, which incorporated the provisions of May 3, 2021 S.L.201 9-111, CUD zoning districts were converted automatically to CZD zoning districts. Subject parcel, zoned (CZD) B-1, and vacant parcel to the north and west, February 3, 2022 zoned (CZD) B-2, are rezoned to (CZD) B-2 to allow for the development of a 17,000 square foot indoor recreational facility and 5,000 square feet of general retail and animal grooming services. COMMUNITY SERVICES Water/Sewer Capacity available through CFPUA, properties are currently connected to sewer. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools Williams Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Echo Farms Park, Arrowhead Park, Myrtle Grove Athletic Complex CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation Resource maps indicate that there are no conservation areas or wetlands present on site. Historic No known historic resources Archaeological No known archaeological resources Z22-14 Staff Report BOC 6.6.2022 Page 2 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN i.�-sin r 1 30' x 50' Accessory Structure 3GKW tj son =•fj Vacant Residential Structure fps f�f J New Driveway Access Proposed Site Plan with Staff Markups • The applicant is proposing to rezone approximately 0.23 acres at 4631 Carolina Beach Road from (CZD) B-2 to (CZD) R-5. The proposed development consists of the renovation of a vacant single-family dwelling that exists on the parcel and construction of a 30' x 50' accessory structure. • The applicant has indicated that this rezoning would not inhibit the development of the recently approved structure and indoor recreation use in Z21 -20, approved in February 2022. Any modification of that concept plan would be assessed once presented to Staff and would be required to adhere to standards within the UDC). • The applicant has indicated that the property owner of the abutting parcel, located at 4629 Carolina Beach Road, is not in opposition of this rezoning and deviation from the approved plan in Z21-20. Z22-14 Staff Report BOC 6.6.2022 Page 3 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 3 ZONING CONSIDERATIONS • It may be possible for the remnant portion of the (CZD) B-2 district approved in Z21 -20 to meet all required standards if the proposed rezoning were approved. This would have to be determined as part of a future TRC review of a site plan incorporating required parking and the additional buffer width that would be triggered by the (CZD) R-5 rezoning. If the changes to the site plan had material effect on the character of the approved indoor recreation development, a rezoning of that parcel would be required. Anticipated changes to the approved development include the requirement of an additional buffer from the commercial land use with the proposed single-family residence. • While the R-5 zoning district allows a range of residential and institutional uses, the Conditional Zoning District designation would limit the use of this parcel to a renovation of the existing single-family dwelling and construction of the proposed accessory structure. Z22-14 Staff Report BOC 6.6.2022 Page 4 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 4 Development Total Units Built TRANSPORTATION Site Access a N i Site o,. �o e� �a UCity of Wilmington ® Primary Access • The parcel fronts and has direct access to Carolina Beach Road. • The site currently shares a driveway with the abutting parcel to the northwest. • As depicted in the application materials, the parcel will have a right -in, right -out only access. This proposal will result in an additional driveway to Carolina Beach Road, separate from the access approved for the adjacent commercial development per existing conditions and approved within Z21-20. • 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 development approved is estimated to generate 46 AM peak hour and 73 PM peak hour trips. If the rezoning for the residential use is approved, it is estimated that the combined generated trips between both parcels would increase by 1 AM peak hour trip and 1 PM peak hour trip. Z22-14 Staff Report BOC 6.6.2022 Page 6 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 6 Intensity Approx. Peak Hour Trips Anticipated Development under 17,000 sf indoor recreation facility Approved (CZD) B-2 & 5,000 sf of general retail and 46 AM / 73 PM Zoning District: animal grooming service Proposed Development: 1 Single-family Dwelling 1 AM / 1 PM Approved Rezoning 17,000 sf indoor recreation facility and Proposed & 5,000 sf of general retail and 47 AM / 74 PM Residential Use: animal grooming service and 1 Single-family Dwelling • 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 most recent traffic counts in the area indicate capacity currently exists on the Carolina Beach Road corridor. WMPO Average Annual Daily Traffic (AADT) Road Location Volume Capacity VIC Carolina Beach Between Silva Terra Drive and 37,191 41,368 0.90 Road St. Andrews Drive Z22-14 Staff Report BOC 6.6.2022 Page 7 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 7 Nearby Traffic Impact Analyses: Traffic Impact Analyses 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 ILand Use/Intensity ITIA Status 1. Fairfield Park Mixed- Approved May 6, 2019 Use Development 276 multi -family housing units Full build out 2021 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Provide one ingress and one egress lane, provide stop control for the egress movement, and provide 100' internal protected stem at four intersections within the development. • Extend the northbound left turn lane to provide 500 feet of storage, 50 feet of full width deceleration, and 100 feet of taper at US 421 (Carolina Beach Road) at McCarley Boulevard/Orchid Drive. Nearby Proposed Developments included within the TIA: • None. Development Status: Development and improvements are currently under construction. ENVIRONMENTAL • No portion of the parcel is located within an AE Flood -zone and AE Floodway. • The entire site is located within the Barnards Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation). However, water and sewer are available through CFPUA. Z22-14 Staff Report BOC 6.6.2022 Page 9 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 9 OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Williams Elementary, Myrtle Grove Middle, and Ashley High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • As the site is vacant, the parcel does not generate any students. • Based on the current general student generation rate*, this proposal would not have an effect on the local school system. • 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 Vacant Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Proposed (CZD) R-5 1 Residential Unit Approximate** Total: 0 Zoning (0 elementary, 0 middle, 0 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. Z22-14 Staff Report BOC 6.6.2022 Page 10 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 10 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% Williams 412 412 100% None Middle 108% Myrtle Grove 740 738 100% None High 100% Ashley 1,990 1,896 105% 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 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. Z22-14 Staff Report BOC 6.6.2022 Page 11 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 11 F, w. .wy yyy } Jr S .,, ^}Yti •t w Vim! L �3%y t n�•. - - `may •. - � -� �` _g Context and Compatibility • The subject property is located at 4631 Carolina Beach Road and is only accessible by Carolina Beach Road. • The site abuts the vacant parcel tied to Z21-20 on the western and northern boundaries and is bordered to the east by a multi -family development that is located within the City of Wilmington's municipal limits. Located across the street from the parcels are office and civic uses. • There are a mix of commercial and residential uses within the area. • The proposal is located between the Monkey Junction intersection and the proposed Fairfield Park mixed -use development where transitional service uses would be more appropriate than a single-family dwelling. Z22-14 Staff Report BOC 6.6.2022 Page 13 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 13 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 eo Site CIT+1( OF �a Community o WILMINGTON Mixed Use �� General Residential y fV s iili(_r,u2i IJC 4 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 along a major roadway corridor, Carolina Beach Road, and is surrounded by a vacant parcel with an approved commercial use to the north and west and a multi -family development to the south and east that is located within the City of Wilmington's municipal limits. The Comprehensive Plan classifies the property as Commercial Mixed Use, which allows for low to moderate intensity retail and services that can Analysis support nearby neighborhoods. The Community Mixed Use place type designation encourages a mix of uses, including single- and multi -family residential, commercial, civic, mixed -use, and recreational uses. Typical zoning associated with this place type includes moderate density residential, commercial, office and institutional, and mixed -use. The proposed (CZD) R-5 rezoning is less consistent with the uses and intensity recommended in the Comprehensive Plan than the development allowed within the existing (CZD) B-2 zoning district. The proposed (CZD) R-5 rezoning is generally INCONSISTENT with the Consistency 2016 Comprehensive Plan because the proposed use is less in line with those Recommendation recommended for Community Mixed Use place types, the district is located within a transitional area, and the uses around the subject site are a mix of commercial, multi -family residential, and institutional. Z22-14 Staff Report BOC 6.6.2022 Page 14 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 14 PLANNING BOARD MEETING The Planning Board considered this application at their May 5, 2022 meeting. At the meeting, no members of the public spoke in opposition or in support of the proposal. The Planning Board recommended denial of the petition (5-0). The Planning Board found the application to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides a type of use not recommended in the Community Mixed Use place type and the residential densities are not in -line with those recommended for the place type. The Planning Board also found recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is located within an area that possesses a mixture of uses and higher intensities. The proposal is not similar in form and density to other nearby projects and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. STAFF RECOMMENDATION The area of the subject site is located in is between one of the County's three identified commercial nodes and an approved mixed -use development within the City of Wilmington. A mixture of uses and higher intensities can be found between these two areas. The proposal is not similar in form and density to other nearby projects. As the proposal is a low -density, single-family dwelling, may affect the development of the approved commercial land use on the adjacent property, and is located along a heavily traveled corridor between two developing nodes, the proposal has been determined to not be in line with the Comprehensive Plan recommendations for this area. As such, Staff recommends denial of this application and suggests the following motion: I move to DENY the proposed rezoning to a (CZD) R-5 district. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides a type of use not recommended in the Community Mixed Use place type and the residential densities are not in -line with those recommended for the place type. I also find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is located within an area that possesses a mixture of uses and higher intensities. The proposal is not similar in form and density to other nearby projects and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. Alternative Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) R-5 district. While I find it to be INCONSISTENT 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 APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows for the use of an existing residential structure and is low -intensity. Z22-14 Staff Report BOC 6.6.2022 Page 15 of 15 Board of Commissioners - June 6, 2022 ITEM: 16- 2 - 15 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-14 4631 CZD B-2 CZD PD Carolina Beach Rd R-10 i 4 a CZD B-2 CITY OF WILMINGTON C` SITE �. Zoning Districts B-1 AC R-5 EDZD CB 1-1 R-7 PD B 22 1-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ ow R-20S Indicates Conditional Zoning District (CZD) (SOD See Section 5.7 of the UDO ❑ Incorporated Areas ` k SHOD Board Com issione - ne 6, IT -16- -1 R-15 CZD'R'10 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-14 4631 CZD B-2 CZD PD Carolina Beach Rd jk Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Community I/ Mixed Use Com 'ssione - ne 6, IT :16- -1 SITE j General .r Residential J N I 0 250 500 Feet Case: Site Address: Carolina Beach Rd Existing Zoning/Use: CZD B-2 606 • Proposed Zoning/Use: N CZD PD fin+ 1 e < 1133 1137' 11 1129 ,2aRav1 '- y Ile A�'.� •fir+, Cpy, �.. 1• 1 / � gg ® :1 • 1 , , a • . • • • 1 i . to0 125 250�► r'500 Feet Initial Application Documents & Materials Board of Commissioners - June 6, 2022 ITEM: 16- 6 - 1 , 44 or '00 Ott, rF , •� A rg � � ram'' �a" - �� �,, r e iI As Aft " do}rComm' ners - June 6, 2022 ' ' ITEM: 16- 7 - 1 -r" 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 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. (Optional) Pre -Application Conference 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) ABA Self Storage, L.L.C. Cindee Wolf Company Company/Owner Name 2 Design Solutions Address Address 6635 Gordon Road P.O. Box 7221 City, State, Zip City, State, Zip Wilmington, NC 28411 Wilmington, NC 28406 Phone Phone 910-612-9409 (Contact: Bill Ambrose) 910-620-2374 Email Email cwolf@lobodemar.biz waambrose1962@yahoo.com Board of Commissioners - June 6, 2022 Page 1 of 6 ITEM: 16- 7-6onditional Zoning District Application — Updated 1 2-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) 4631 Carolina Beach Road 312520.90.8152 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 9,985 s.f. (0.23 ac. +/-) (CZD) B-2 Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) R-5 Total Acreage of Proposed District: 0.17 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 permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The Owner desires to renovate the current residential structure & add an accessory building. 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. Reference the attached "Concept Plan" for site layout, proposed improvements and details. Board of Commissioners - June 6, 2022 Page 2 of 6 ITEM: 16- 7-donditional Zoning District Application — Updated 1 2-2020 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: 210 / Single-family Home Trip Generation Use and Variable (gross floor area, dwelling units, etc.) Based on 1 Dwelling Unit AM Peak Hour Trips: 1 I PM Peak Hour Trips: 1 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 policies for growth and development encourage continued efforts to provide safe & affordable housing to all citizens. The parcel is extremely small and unusable for anything other than a residence without adding additonal land to it. Although it fronts on a the busy Carolina Beach Road commercial corridor, as a residence it is located conveniently to a welath of business activities and services, Sustainability of the County depends on sensible in -fill and maximizing land use. Board of Commissioners - June 6, 2022 Page 3 of 6 ITEM: 16- 7-C4onditional Zoning District Application — Updated 1 2-2020 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 tract is identified in the Comprehensive Land Use Plan as a "Community Mixed -Use" place -type. The plan suggests that smaller housing lots are acceptable uses, and an acceptable transition along the busy road corridor. 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 subject property was approved as a conditional zoning district based on it being combined with an adjacent tract of land. That development proposal unfortunately fell through. The current restriction on use is for the property to be used solely for parking. Rezoning this lot back to a residential district, so that the existing house can be renovated, will allow reasonable use of the property, and promotes the County's efforts for adaptive reuse of structures. Board of Commissioners - June 6, 2022 Page 4 of 6 ITEM: 16- 7 -conditional Zoning District Application — Updated 1 2-2020 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". 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 ❑ This application form, completed and signed Application fee: Applicant Initial L� ❑ • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CW ❑ Community meeting written summary CW ❑ Traffic impact analysis (if applicable) N/A ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CW 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 proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CW ❑ 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. CW ❑ One (1) digital PDF copy of ALL documents AND plans CW Board of Commissioners - June 6, 2022 Page 5 of 6 ITEM: 16- 7-C6onditional Zoning District Application — Updated 1 2-2020 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. William Ambrose - Manager for ABA Self Storage, L.L.C. Signature of Property Owner(s) Print Name(s) Cindee Wolf / Design Solutions Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, fhe 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. �Q Page 6 of 6 Board of Commissioners-C.�}(�t' r, ning District Application — Updated 05-2021 ITEM: 16- 7 - 7 Legal Description for Conditional Zoning District Petition At 4631 Carolina Beach Road Beginning at a point in the northeastern boundary of Carolina Beach Road (U.S. Hwy. 421), a 160' public right-of-way; said point being located approximately 385.39 feet, southeastwardly along the right-of-way from its intersection with the southeastern boundary of St. Andrews Drive, a 100' public right-of-way; and running thence from said point of beginning: North 50031'08" East, 199.95 feet to a point; thence South 39040'40" East, 49.84 feet to a point; thence South 50028'22" West, 200.09 feet to a point in the northeastern boundary of Carolina Beach Road; thence with that right-of-way, North 39030'56" West, 50.00 feet to the point and place of beginning, containing 9,985 square feet, or 0.23 acres, more or less. Board of Commissioners - June 6, 2022 ITEM: 16- 7 - 8 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: 4631 Carolina Beach Road Proposed Zoning: (CZD) B-2 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 March 18, 2022 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Thursday, March 31, 2022 6:00 p.m.; at the offices of Design Solutions, 107 Stokley Drive, Unit 104. The persons in attendance at the meeting were: Reference attached sign -in list The following issues were discussed at the meeting No one attended. As a result of the meeting, the following changes were made to the petition: None Date: Applicant: By: March 31, 2022 Design Solutions Cindee Wolf Board ot Uornmissioners - June b, zuzz ITEM: 16- 7 - 9 Community Information Meeting Kunselman Residence / 4631 Carolina Beach Rd Date: March 31, 2022 Name Address Email (Optional) Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - June 6, 2022 ITEM: 16- 7 - 10 4610 4620 ■ 13 7 X .13 �4615 4629 6 4713 m 17 Board of Commissiopt9s - June 6, 2022 ■ ITFNA- 1R- 7 - 11 ADJACENT PROPERTY OWNERS WITHIN 500' OF 4631 CAROLINA BEACH ROAD: OWNER 4624 CAROLINA BEACH RD COA ABA SELF STORAGE LLC GARCIA SALVADOR 0 ETAL JUST FOR BUYERS INVESTMENTS LLC JUST FOR BUYERS INVESTMENTS LLC LOPEZ GRAJALES ANTONIO ETAL NOELLE HOLDINGS LLC NOELLE HOLDINGS LLC ETAL SCHAFFER MILTON T III SMITH HILDA STANLEY HEIRS T2 PROPERTY MANAGEMENT CO LLC T2 PROPERTY MGMT CO LLC TRIANGLE BELLE MEADE LLC WILMINGTON LODGE #343 LOYAL WILMINGTON LODGE #343 LOYAL MAILING ADDRESS 123 CRAWFORD RD 6635 GORDON RD 6 SILVA TERRA DR 5 SILVA TERRA DR SUITE 140 5 SILVA TERRA DR SUITE 140 9 SILVA TERRA DR 5231 MASONBORO HARBOR DR 5231 MASONBORO HARBOUR DR 1833 LIVE OAK PKWY S 1310 ROBINHOOD RD 369 CARRIE ST S 369 CARRIE ST S 165 YORK ST S 4610 CAROLINA BEACH RD 4610 CAROLINA BEACH RD CITY / STATE / ZIP HILLSBOROUGH, NC 27278 WILMINGTON, NC 28411 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28403 WILMINGTON, NC 28401 COATS, NC 27521 COATS, NC 27521 GASTONIA, NC 28053 WILMINGTON, NC 28412 WILMINGTON, NC 28412 PROPERTY LOCATION 5 SILVA TERRA DR WILMINGTON 4631 CAROLINA BEACH RD WILMINGTON 6 SILVA TERRA DR WILMINGTON 5 SILVA TERRA DR WILMINGTON 4624 CAROLINA BEACH RD WILMINGTON 9 SILVA TERRA DR WILMINGTON 4624 CAROLINA BEACH RD WILMINGTON 2 SILVA TERRA DR WILMINGTON 4629 CAROLINA BEACH RD WILMINGTON 4620 CAROLINA BEACH RD WILMINGTON 4624 CAROLINA BEACH RD WILMINGTON 4624 CAROLINA BEACH RD WILMINGTON 1109 MATTEO DR WILMINGTON 4616 CAROLINA BEACH RD WILMINGTON 4610 CAROLINA BEACH RD WILMINGTON Board of Commissioners - June 6, 2022 ITEM: 16- 7 - 12 Design. Soiutio s March 18, 2022 To: Adjacent Property Owners From: Cindee Wolf Re: 4631 Carolina Beach Road The Owner of the lot at 4631 Carolina Beach Road would like to renovate the existing old home and expand it with a large garage. The land is currently zoned for business use only, and a residence is not permitted. We require a Conditional Zoning District Modification approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards & conditions pertaining to each individual development project. Essentially, this means that only the use, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any 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 Thursday, March 315t, 6:00 p.m., at the office of Design Solutions, 107 Stokley Drive, Unit 104, Wilmington, 28403. If you cannot attend, you are 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 - June 6, 2022 ITEM: 16- 7 - 13 r rf Belle Meade Apartments Concept Plan Board of Commissioners - June 6, 2022 ITEM: 16- 8 - 1 �cc Atwater s of Ct. Dr. vCO �� O Site h �e Q1 . a�elo h �U) 0 �a N Qt• gotta Oc Qc 6000 �0a W E C S Vicinity Map (No 5cale) „CA R o,,,, moo:: • � D Ro P.O. Sox 7221 WilvKt gtovt, NC 28406 Tel. 910 -620 -23 74 0 Des, vn Solut1' "I dofCcmmissi - June 6, 2022 Ex \ Structure \ / \ \ / IDI-9wood Oo — I 14„ Oak \ \ / 42 Live 0" \ / / \ / Oaf \ \ Maple Milton T. Schaffer, III D.B. 5999-2056 a— \ Maple \ / Oak \ J 2" % / Zoning: (CZD) 15-2 \\ / / / I / 30' X 50' Gum Land Use: / 12" Oak 1500 s.f.) / �ti Retail Home Indoor Recreation Expansion i i / \ \\ \ ii/ \ ll i Cedar /Z / / / i / \ ////\ Porch % / \ \ \ j /// ///� Existing ,'/' \ \ y" / j / \ \ House / j/ n/f \ \\ \/"z Triangle Belie \\ \\\�/i/ //��/\ Meade, LLC \ \ /// i/ D.B. \ \%/ // \ \ 6395 -24/ 74 \ � // i / / // / ` \ \ /// 2 / \ /yi / \ / ( / ��e��a / 30" 40" / / / \ \ zz'- Live / % Maple / j/ \ \\ / jj/ //�// \ \\ Oak p / �� Zoning: CB (City`(f Wilm) \ \ \/%% / Land Use: Reslden\tialApts\ Offtqes \ /// // j Project No.: 22-24 Scale: 1"=20' Date: 04/0 1 /22 Re��sons: General Notes: 1. New Hanover County Parcel No.: 31 2520.90.61 52 (4631 Carolina Beach Rd) \ [R07000-004-005-000] \ Q \ 2. Total Tract Area: 0.23 ac. (9,385 s.f.±) 3. Existing Zoning District: (CZD) B-2 Proposed Zoning District: (CZD) R-5 > 4. CAMA Land Classification: Urban 5. Comp Plan Place -Type: Community Mixed -Use Developer: Gene Kunselman 42 1 6 A5hley Park Drive Wilmington, NC 2841 2 Conditional Zoning District Concept Plan N I Graphic Scale 20 15 10 5 0 10 20 40 Property Address: 463 I Carol na Beach Road Kun5elman Ke5iclence E M35onboro Town5hlp / New I-lanover County / North Carolina NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/6/2022 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 (Z22-15) - Request Submitted by Cindee Wolf with Design Solutions, Applicant, on Behalf of Oceanside Property Management, LLC, Property Owner, to Rezone Approximately 0.55 Acres of Land Located at 49 Lennon Drive from R-15, Residential to R-5, Residential BRIEF SUMMARY: The applicant is proposing to rezone approximately 0.55 acres from R-15, Residential to R-5, Residential Moderate - High Density. The request is for a straight rezoning, so a conceptual plan is not included within the application. Because this request is for a straight rezoning, any approval would allow for all uses outlined for the requested district(s) and could not include conditions. Discussions regarding intended uses or site design should be avoided for straight rezoning requests as this information should not be considered by the board when making their decision. Any future development would be subject to the general development standards for the district outlined in the Unified Development Ordinance, including lighting and vegetative buffers. The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, water and sewer services have become available to the surrounding area allowing a gradual shift from the original R-15 zoning to more commercial districts and uses, as well as residential developments of higher density. 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 subject site contains one single-family dwelling which is estimated to generate about 1 peak AM trip and 1 peak PM trip. If developed with the conventional standards of the proposed zoning district, a maximum of six residential units could be constructed in the form of 3 duplex structures, estimated to generate 3 trips during the AM peak hour and 3 trips during the PM peak hour. If developed with the performance standards of the proposed zoning district, a maximum of 4 residential units could be constructed at 8 du/acre, which is estimated to generate 4 AM peak hour trips and 5 PM peak hour trips. Based on the current general student generation rate, the increase in homes would result in approximately 1 additional student than the number of students who are estimated to be already generated under the existing development. The Comprehensive Plan classifies the property as General Residential, which promotes development of lower to moderate density residential developments. The site is located within a dense and developed portion of the county, surrounded alongside another R-15 zoned parcel by a variety of denser and more intense uses that are located within Board of Commissioners - June 6, 2022 ITEM: 17 the City of Wilmington. The subject site is located between existing commercial and institutional services, and a variety of residential uses. The proposed R-5 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district will allow for the types of residential uses encouraged in the General Residential Place Type and the potential development patterns and density are consistent with the surrounding neighborhoods. Additionally, the densities and range of housing types allowed in the proposed zoning district would support existing and future community -level nodes. In addition to being generally in line with the goals in the county's Comprehensive Plan, the City of Wilmington's Comprehensive Plan designated the area between New Centre Drive and N College Road as a Higher Intensity Area of Opportunity. This designation represents those parts of the city that have the greatest potential to accommodate future growth, infill, and new development. Furthermore, the area is also identified as a Mixed -use Center where higher -density development patterns close to transit centers are appropriate. The Planning Board considered this application at the May 5, 2022 meeting and moved to recommend APPROVAL (5- 0) of the proposed rezoning to an R-5 district. The board found 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 and the potential development patterns and density are consistent with the surrounding neighborhoods. The board 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, is an appropriate application of infill development due to its proximity to major roadways, a transit hub, commercial services, and other existing multi- family developments and zoning. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Because of the level of development within this portion of the county, the consistency with the City of Wilmington's Comprehensive Plan, the types of development recommended within the General Residential place type, and how a residential development possible within the proposed zoning district could serve as an appropriate transition between the adjacent land uses, staff concurs with the Planning Board's recommendation of this application and suggests the following motion: I move to APPROVE the proposed rezoning to an R-5 district. 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 and the potential development patterns and density are consistent with the surrounding neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options, is an appropriate application of infill development due to its proximity to major roadways, a transit hub, commercial services, and other existing multi- family developments and zoning. Alternative Motion for Denial I move to DENY of the proposed rezoning to an 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 residential uses encouraged in the General Residential Place Type, I find DENIAL of the rezoning request is reasonable and in the public interest because of the uncertainty of negative impacts that a development allowed by -right within the R-5 zoning district could have on the Board of Commissioners - June 6, 2022 ITEM: 17 adjacent land uses and infrastructure. ATTACHMENTS: Z22-15 Script BOC Z22-15 Staff Report BOC Z22-15 Zoning Z22-15 FLUM Z22-15 Mailout Initial Application Cover Sheet Z22-15 49 Lennon Drive Rezone Submittal Documents Public Comments Coker Sheet Z22-15 Opposition Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 3-1, Commissioner Rivenbark dissenting. Board of Commissioners - June 6, 2022 ITEM: 17 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-15) Request by Cindee Wolf, applicant, on behalf of the property owner, Oceanside Property Management, LLC, to rezone approximately 0.55 acres of land located at 49 Lennon Drive from R-15, Residential to R-5, Residential Moderate -High Density. 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) 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 an R-5 district. 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 and the potential development patterns and density are consistent with the surrounding neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options, is an appropriate application of infill development due to its proximity to major roadways, a transit hub, commercial services, and other existing multi -family developments and zoning. Example Motion for Denial I move to DENY the proposed rezoning to an 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 residential uses encouraged in the General Residential Place Type, I find DENIAL of the rezoning request is reasonable and in the public interest because of the uncertainty of negative impacts that a development allowed by -right within the R-5 zoning district could have on the adjacent land uses and infrastructure. - Board of Commissioners - June 6, 2022 ITEM: 17- 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to an 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 - June 6, 2022 ITEM: 17- 1 - 2 STAFF REPORT FOR Z22-15 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z22-15 Request: Rezoning to an R-5 district Applicant: Property Owner(s): Cindee Wolf Oceanside Property Management, L.L.C. Location: Acreage: 49 Lennon Drive 0.55 PID(s): Comp Plan Place Type: R04912-001-005-000 General Residential Existing Land Use: Proposed Land Use: Single-family Dwelling The property would be allowed to be developed in accordance with the R-5 district Current Zoning: Proposed Zoning: R-15, Residential R-5, Residential Moderate -High Density ZONING a N �`- 0 Q � O R-15 CITY Site cc New Hama NC L SURROUNDING AREA I LAND USE ZONING North Single-family Dwelling R-15 East Post Office O & I (City of Wilmington) South Multi -Family Residential MD-17 (City of Wilmington) West Undeveloped MD-17 (City of Wilmington) Z22-15 Staff Report BOC 6.6.2022 Page 1 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 1 AERIALMONa N North O Site -d ZONING HISTORY July 1, 1971 Initially zoned R-15 COMMUNITY SERVICES Water/Sewer CFPUA water and sewer are available Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Murrayville Station Schools College Park Elementary, Noble Middle, New Hanover High Schools Recreation Kings Grant Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-15 Staff Report BOC 6.6.2022 Page 2 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 2 APPLICANT'S PROPOSAL • The applicant is proposing to rezone approximately 0.55 acres from R-15, Residential to R-5, Residential Moderate -High Density. • According to the applicant, the proposed zoning will allow for the provision of housing for future development in a land use pattern that is generally more consistent with the 2016 Comprehensive Land Use Plan. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, water and sewer services have become available to the surrounding area. • Since its original zoning designation in 1971, this portion of the county has experienced a gradual shift from the original R-15 zoning to more commercial districts and uses, as well as residential developments of higher density. This is a trend that is expected to continue. • The R-5 district was established to accommodate lands for moderate to high density residential development on smaller lots with compact and walkable development patterns. The district also serves as a transition between nonresidential development and low to moderate density residential development. • Currently, the subject site contains one single-family dwelling. • The maximum density of the parcel under the current zoning is one -single family dwelling, whether developed conventionally or through a performance development. • If developed with conventional standards of the proposed R-5 district, the parcel could accommodate a maximum development of three duplexes equating to six residential units. If developed as a performance development, the maximum density possible is four dwelling units, at 8 du/acre. • If approved, development on the parcel 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. Z22-15 Staff Report BOC 6.6.2022 Page 3 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 3 AREA SUBDIVISIONS UNDER DEVELOPMENT North ® Z22-15 Wilmington ,�: Development ' Spring Ridge 22 0 Tr houses On Kerr Treehouses on Kerr 18 0 a �—�i Total 40 0 ~7� J **Based on Building Permits and Aerial I Ridge Jr Pky— Martin Luther King r cc cm 'a Site -{ _y ow A' �-PrinCess'pl\A V/ n.. — 1 Mile Radius Z22-15 Staff Report BOC 6.6.2022 17- tCt ache M 22 18 Off i Page 4 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 4 TRANSPORTATION Site Access UCity of 1A 0 Prit alp N' • Currently, access is provided to the subject property by a driveway connected to Lennon Drive, which is classified by NCDOT as a local road. • As currently developed, it is estimated the site generates about 1 peak AM trip and 1 peak PM trip. • If developed with the conventional standards of the proposed zoning district, a maximum of six residential units could be constructed in the form of 3 duplex structures. This would be estimated to generate 3 trips during the AM peak hour and 3 trips during the PM peak hour. • If developed with the performance standards of the proposed zoning district, a maximum of 4 residential units could be constructed at 8 du/acre, which is estimated to generate 4 AM peak hour trips and 5 PM peak hour trips. Z22-15 Staff Report BOC 6.6.2022 Page 5 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 5 • 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. Intensity Approx. Peak Hour Trips Existing Development: 1 Single -Family Dwelling 1 AM / 1 PM Typical Development 4 Single -Family Dwellings 4 AM / 5 PM under Proposed Zoning: Maximum Development 3 Duplex Structures 3 AM / 3 PM under Proposed Zoning: (6 Dwelling Units) • 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. WMPO Annual Daily Traffic (ADT) — 12131/2018 Road Location Volume Capacity V/C Lennon Drive North of Market Street 7,634 10,979 .695 • The LOS of this portion of Lennon Drive is rated as `B'. Z22-15 Staff Report BOC 6.6.2022 Page 6 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 6 Nearby Planned Transportation Improvements and Traffic Impact Analyses + �♦Aal�����1111 ■ IIlf1/1 �aflt��� r� �� �H !� ♦ ' SAW LIVE TIP Project TIA ■ + /lfllt■■�Il o� ■■■ r ♦�� "r111 — .. III/ �� ar �� .! ■■■■.■ r0� I � �1I� ��I■� : �, �� I1 itl � • ■■■ f � rrr■ri i��I� I, li ..11..■rn■ ■t,. � �■ �� Itl■�IfM■■1i� • �ra.flr.�r rrar. �� ° o•. „.r.. �M �r•1 +� �` rr �� rrr*��, ,�i\'�. •i �i +��/%%/+ •• 'CHI i -XI �� : _����1111►� _$„.'..►. Nearby NC STIP Projects: • STIP Project U-3338B o Project encompasses creating an interchange at the intersection of N. Kerr Avenue and US 74 (MLK, Jr. Parkway). o Right -of -Way is in progress; Construction is scheduled after 2029. • STIP Project U-4902B o Project encompasses access management improvements on US 17 Business between CSX Railroad to Cinema Drive and Jacksonville Street to north of US 1 17/NC 132 (College Road). o Right -of -Way is in progress. Z22-15 Staff Report BOC 6.6.2022 Page 7 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 7 • STIP Project U-4902C o Project encompasses access management improvements on US 17 Business from US 1 17/NC 132 (College Road) to Station Road. o Right -of -Way is in progress. • STIP Project U-5702A o Project to improve access management and travel times. Planning and design is currently in progress. • STIP Project U-5881 o Project encompasses upgrading NC 132 (College Road) from Gordon Road to New Center Drive. o Project includes converting at -grade intersection of College Road and MLK, Jr. Parkway to interchange. o Project scheduled for after FY 2029. ENVIRONMENTAL • The property is not within a Natural Heritage Area. The property is not located within a Special Flood Hazard Area. • The property is within the Smith Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation); however, the property is currently connected to water and sewer provided by CFPUA OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to College Park Elementary School, Noble Middle School, and New Hanover High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • 1 Single-family dwelling unit is currently located on the property and 3 duplex units could potentially be developed under the proposed zoning for an increase of 5 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 1 additional student than the number of students who are estimated to be already generated under the existing development. Z22-15 Staff Report BOC 6.6.2022 Page 8 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 8 • 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 1 Residential Unit Approximate" Total: 0 (0 elementary, 0 middle, 0 high) Maximum Density under 3 Duplexes Approximate" Total: 1 Proposed Zoning (6 Residential Units) (1 elementary, 0 middle, 0 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% College Park 477 492 97% None Middle 108% Noble 717 664 108% None High 100% New Hanover 1584 1648 1 96% 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 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. Z22-15 Staff Report BOC 6.6.2022 Page 9 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 9 YIN PubirC W q Mu, _ rE s,: f _• ' Y Representative Developments Representative Developments of R-15: Clay Crossing Page's Corner Z22-15 Staff Report BOC 6.6.2022 Page 11 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 11 Representative Developments of R-5: Wrightsville Place Leeward Village Z22-15 Staff Report BOC 6.6.2022 Page 12 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 12 Context and Compatibility • The property is located within the central portion of the County and accessed by Lennon Drive. • While the area was zoned for lower density residential development in the early 1970s and 2016 Comprehensive Plan recommends a general residential development pattern, the subject site is surrounded on three sides by the City of Wilmington. The adjacent land uses, governed by the City of Wilmington, include office and institutional, a multi -family development, and densities of R-5 levels. This proposal is also generally consistent with the City of Wilmington's Comprehensive Plan. • Given the surrounding development and zoning districts governed by the City of Wilmington, the site is less likely to be appropriate for low density, single-family development than when the R-15 zoning was originally applied. • Staff with the City of Wilmington find the request to be generally consistent with the City's Comprehensive Plan and with the surrounding area. Z22-15 Staff Report BOC 6.6.2022 Page 13 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 13 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 General CITY OF Residential Site WILMINGTON �" r _ R►n�� N evv HaneverCou.n�y;NC ' Future Land Use General Residential Map Place Type Focuses on small-scale, lower density housing, associated civic and limited Place Type commercial services development that enhances neighborhood character. Description Types of appropriate uses include single-family residential, low -density multi -family residential, light commercial, civic, and recreational projects. Z22-15 Staff Report BOC 6.6.2022 Page 14 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 14 The Comprehensive Plan classifies the property as General Residential, which promotes lower to moderate density residential developments. The site is located within a dense and developed portion of the County, surrounded alongside another R-15 zoned parcel by a variety of more dense and more intense uses that are located within the City of Wilmington. The subject site is located between existing civic services, and a variety of residential uses. As there are single-family dwellings to the north of the subject site and multi- family residences to the south, the proposal would provide a transition between these residential developments. In addition, the project supports the Comprehensive Plan's goal to provide for a range of housing types and Analysis opportunities for households of different sizes and income levels as well as a mix of uses located on adjacent or nearby parcels. If approved, the parcel could be built out to a maximum of 3 duplex residential structures, if constructed to the R-5 conventional standards. In addition to being generally in line with the goals in the County's Comprehensive Plan, the City of Wilmington's Comprehensive Plan designated the area between New Centre Drive and N College Road as a Higher Intensity Area of Opportunity. This designation represents those parts of the city that have the greatest potential to accommodate future growth, infill, and new development. Furthermore, the area is also identified as a Mixed -use Center where higher -density development patterns close to transit centers are appropriate. The proposed R-5 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district will allow for the types of Consistency residential uses encouraged in the General Residential Place Type and the Recommendation potential development patterns and density are consistent with the surrounding neighborhoods. Additionally, the densities and range of housing types allowed in the proposed zoning district would support existing and future community -level nodes. Z22-15 Staff Report BOC 6.6.2022 Page 15 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 15 PLANNING BOARD MEETING The Planning Board considered this application at their May 5, 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 sidewalk infrastructure, and the level of density possible with a straight rezoning. The Planning Board recommended approval of the petition (5-0). The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of residential uses encouraged in the General Residential Place Type and the potential development patterns and density are consistent with the surrounding neighborhoods. 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, is an appropriate application of infill development due to its proximity to major roadways, a transit hub, commercial services, and other existing multi -family developments and zoning. STAFF RECOMMENDATION Because of the level of development within this portion of the County, the consistency with the City of Wilmington's Comprehensive Plan, the types of development recommended within the General Residential place type, and how a residential development possible within the proposed zoning district could serve as an appropriate transition between the adjacent land uses, staff concurs with the Planning Board's recommendation of this application and suggests the following motion: I move to APPROVE the proposed rezoning to an R-5 district. 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 and the potential development patterns and density are consistent with the surrounding neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options, is an appropriate application of infill development due to its proximity to major roadways, a transit hub, commercial services, and other existing multi -family developments and zoning. Alternative Motion for Denial I move to DENY of the proposed rezoning to an 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 residential uses encouraged in the General Residential Place Type, I find DENIAL of the rezoning request is reasonable and in the public interest because of the uncertainty of negative impacts that a development allowed by -right within the R-5 zoning district could have on the adjacent land uses and infrastructure. Z22-15 Staff Report BOC 6.6.2022 Page 16 of 16 Board of Commissioners - June 6, 2022 ITEM: 17- 2 - 16 rmco• Site Address: Z22-15 49 Lennon Drive Zoning Districts B-1 AC R-5 EDZD CB 1-1 R-7 PD B 22 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) (SOD See Section 5.7 of the UDO ❑ Incorporated Areas ` kSHOD Board Existing Zoning/Use: Proposed Zoning/Use: N R-15 R- 5 Ak titers Tr/ 0 0 CASE SITE i CITY sio - une 6, 2022 0 85 170 Feet M:17-3-1 1 1 I Case: Place Types Site Address: COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Existing Zoning/Use: Proposed Zoning/Use: Nijk A\ SITE go ,ommissioners - une 6, 2022 ITEM: 17- - 1 CITY OF �WILMINGTON 0 100 200 Feet I i I Initial Application Documents & Materials Board of Commissioners - June 6, 2022 ITEM: 17- 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 planningdevelopment.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 Public Hearing Procedures below. More specific submittal and review requirements, as well as the standards to be applied application, are set out in Section 10.3.2 of the Unified Development Ordinance. 1. Applicant and Property Owner Information in reviewing the Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf Oceanside Property Management, L.L.C. Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 7920 Champlain Drive City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington NC 28412 Phone Phone 910-620-2374 910-515-2315 Email Email cwolf@lobodemar.biz adam.hashem7@gmail.com Board of Commissioners - June 6, 2022 Page 1 of 5 ITEM: 17- 7 - 2Zoning Map Amendment Application — Updated 1 2-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) 49 Lennon Drive 313816.93.4726 / R04912-001-005-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning Future Land Use 0.55 ac. 24,000 s.f. R-15 / Residential District(s) R_5 Classification General Residential 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. 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.? Policies for growth & development encourage safe and affordable housing to be available to every citizen. Aging, empty -nester, and single -person households will dominate America's future housing markets. It seems unlikely that thier housing preferences will conform to the large -lot zoning template that has dominated our suburbs for several generations. Rezoning the subject parcel to R-5 will allow additional residences to be constructed, providing for the well -established housing deficit in our community. 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? Although this parcel, and the one adjacent to it, are governed by New Hanover County, they are an island within the City of Wilmington municipal limits. The Comp Plan classifies them as being within the "general residential" place -type. That designation is intended for opportunities to provide housing to the community, with higher densities being acceptable. Rezoning would be consistent with the concept of sensible in -fill where public services are already available. Board of Commissioners - June 6, 2022 Page 2 of 5 ITEM: 17- 7 - 3Zoning Map Amendment Application — Updated 1 2-2020 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? The surrounding City zoning includes multi -family housing, the post office, and an R-5 neigborhood. Traffic past this property has increased exponentially with the development of the multi -family complexes along Hunters Trail. The lot has become less appropriate for a single-family home. 4. How will this zoning change serve the public interest? The housing shortage in our area has been well -documented recently. Rezoning the subject parcel would allow it to be subdivided into additional lots, and aid in providing for increased housing. In -fill on an under-utilized tract of land fosters a prosperous & thriving community. Location -efficient housing should be promoted. This location offers a multitude of shopping and eating establishments within walking distance, and is near the WAVE bus depot with easy access to points throughout the community. Board of Commissioners - June 6, 2022 Page 3 of 5 ITEM: 17- 7 - 4Zoning 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 CAW ❑ Application fee: • $500 for 5 acres or less • $600 for more than 5 acres CAW ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW ❑ One (1) hard copy of ALL documents CAW ❑ Acknowledgment and Signatures Form (if applicable) CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW Board of Commissioners - June 6, 2022 Page 4 of 5 ITEM: 17- 7 - SZoning 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 prop plans mu b reviewed by the County and may require the submittal of a new application. Ramadan Hashem - Managing Member Si re of Ap lic nt Print Name Signature of Applicant Cynthia A Wolf ! Design Solutions Print Name (Vote. 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. Page 5 of 5 Zoning Map Amendment Application — Updated 1 2-2020 Board of Commissioners - June 6, 2022 ITEM: 17- 7 - 6 - nN ---FOX CJ---po%CT| Legal Description for Rezoning of 49 Lennon Drive Beginning at a point in the western boundary of Lennon Drive, a 60' public right-of-way; said point being located North 09057' West, 230.00 feet, and thence South 80003' West, 30.00 feet from the intersection of the Lennon Drive centerline with the centerline of Ringo Drive, a 60' public right-of-way; and running thence from the point of beginning: South 80003'00" West, 240.00 feet to a point; thence North 09057'00" West, 100.00 feet to a point; thence North 80003'00" East, 240.00 feet to a point in the western boundary of Lennon Drive; thence with that right-of-way, South 09057'00" East, 100.00 feet to the point and place of beginning, containing 24,000 square feet, or 0.55 acres, more or less. Board of Commissioners - June 6, 2022 ITEM: 17- 7 - 8 t } f �T R-5 (CD) S U D-094-CY11-89 11 f2811989 ,.,-- NHC i r .'` M D-17 ' OBG-1-721 �..� 12i1I2021 a Public Comments In Support Neutral In Opposition Board of Commissioners - June 6, 2022 ITEM: 17- 8 - 1 From: Cassandra Lopez <cassandra.lopez957@gmail.com> Sent: Monday, May 23, 2022 8:22 AM To: Griffee, Julian Subject: Fwd: Public Hearing May 5th- 49 Lennon Drive Attachments: Concerns Regarding Change in Zoning 49 Lennon Drive.pdf ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Please find attached the document we submitted for the May 5th meeting. Thank you! ---------- Forwarded message --------- From: Cassandra Lopez <cassandra.lopez957@gmail.com> Date: Wed, May 4, 2022, 7:11 AM Subject: Public Hearing May 5th- 49 Lennon Drive To: <jpetroff@cldeng.com>, <dlgirardot@gmail.com>, <paulboney@ls3p.com>, <hansen@mwmrealestate.com>, <apope.28405@gmail.com>,<jstokley86@stokleydevelopment.com>, <cltarrantl4@gmail.com> Good Morning New Hanover County Zoning Board Members! Please find and review the attached document for the May 5th zoning meeting. We will be attending the meeting this Thursday. Thank You, Cassandra Lopez 51 Lennon Drive Wilmington, NC 28405 704-232-6615 Board of Commissioners - June 6, 2022 ITEM: 17- 9 - 1 Concerns Regarding the Change in Zoning for 49 Lennon Drive Property Flooding- 49 Lennon sloops into my property at 51 Lennon. When it rains, water flows from 49 Lennon onto my property because it is the lowest point according to the county stormwater engineer, Tony DeLima. A change to R-5 zoning would allow multiple properties to be built. These non -permeable surfaces ie. concrete foundations, multiple roof surfaces and paved parking leave nowhere for the water to flow except my property next door. In the past year we have been working with Fred Royal, City of Wilmington Stormwater services to get movement on the curbing to address one piece of the flooding in my yard. County Soil and Water Conservation staff have also offered their thoughts on how to collect/mitigate the flooding on my property. Environmental Clean-up- Presently, there is an open case with the Sheriff's department for property abatement. This is the third case opened in the last few years. Since the property is in the county it was not required to have trash collection, so trash piled up all around the property. This property was a known "Crack House" by the sheriff's office and was visited regularly. We are concerned about the needles used by the individuals who squatted there, automotive waste that was collected and dumped on the property as well as an old and failing septic system. This must be addressed properly so the property will be a safe place for those who choose to live there as well as my family living next door. "General Residential" Area- According to Zoning and Land Use provided by New Hanover County- 49 Lennon Drive falls under General Residential. The guidelines state typical zoning categories include low and medium density residential. The neighborhood is made up of R-10 and R-15 properties. There are 3 R-5 Conditional zoned properties that have one single story duplex on each lot. A change to R-5 zoning would allow high density housing that does not align with the current guidelines. Note: If residents want to utilize the WAVE transit station, there are no sidewalks on our section of Lennon Drive. We believe the new building in the area will create more traffic making it unsafe to walk on the road. An R-5 designation would have a negative impact on my property at 51 Lennon Drive and is not in line with the General Residential area. We hope that this board will consider the impact to our home and respectfully request the board help preserve the viability of this existing neighborhood. Board of Commissioners - June 6, 2022 ITEM: 17- 9 - 2 Ct V1 c E: d i i i 1 V Z a° LGF Board of Commissioners - June 6, 2022 ITEM: 17- 9 - 3 Y p �p� r .1 n 3 K�. tQ r � � 1