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Agenda 2021 02-01NEW 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 FEBRUARY 1, 2021 4:00 PM MEETI NG CALLED TO ORDER (Chair Julia Olson - Boseman) I NVOCATI ON (Pastor Mark Gaskins, Temple Baptist Church) PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval to Submit a Grant Application to the N.C. Governor's Highway Safety Program for FY21 -22 in the Amount of $25,000 3. Approval to Apply for the NCDEQ 2021 Community Waste Reduction and Recycling Grant Program 4. Adoption of Heart Health Awareness Month Proclamation ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 15 5. Status Brief: Covid -19 Vaccinations 40 6. Public Hearing Rezoning Request (Z20 -23) — Request by Hamilton Hicks, Jr. on Behalf of the Property Owners, Dora Lee E. and David Earl Raines Heirs to Rezone Approximately 8.28 Acres of Land Located East of Marjoram Way, Near the 900 Block of North Kerr Avenue from R -15, Residential District, to RMF -L, Residential Multi- Family Low Density District 40 7. Quasi - Judicial Hearing Special Use Permit Request (S20 -04) — Request by Design Solutions on Behalf of Property Owners, William S. and Tara S. Hackney, and Proclaim Holdings, LLC, for a Special Use Permitfor a Live /Work Unit Within the (CZD) CB, Conditional Community Business District, Associated with Rezoning Request Z20 -21, Located at 813 and 817 Piner Road 40 8. Quasi - Judicial Hearing Special Use Permit Request (S20 -05) — Request by Design Solutions, on Behalf of the Property Owner, CW EST, LLC, for a Special Use Permit to Expand and Operate a Campground and Recreational Vehicle (RV) Park within the R -15, Residential District, Located at 9515 River Road Board of Commissioners - February 1, 2021 PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 9. Adoption of a Resolution Appointing Directors of the Wind Down Corporation that was New Hanover Regional Medical Center (NHRMC), the 501c3 10. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 11. 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 progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - February 1, 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/1/2021 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY. Approve minutes from the following meeting: Agenda Review held on January 13, 2020 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - February 1, 2021 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/1/2021 Consent DEPARTMENT: Sheriff PRESENTER(S): Captain David MacAlpine CONTACT(S): Chief Deputy Kenneth Sarvis SUBJECT: Approval to Submit a Grant Application to the N.C. Governor's Highway Safety Program for FY21 -22 in the Amount of $25,000 BRIEF SUMMARY: The Sheriff's Office wishes to apply to the N.C. Governor's Highway Safety Program (GHSP) for FY21 -22 grant funding. The next step of the funding process is to submit the Local Government Resolution to GHSP. GHSP needs assistance in gathering statistics and coordinating the initiatives of "Booze It and Loose It" and "Click It or Ticket" for Region 3. The total project cost is $25,000 for supplies and training /travel for Sheriff's Office personnel that will assist in the campaigns. No grant match is required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize Sheriff's Office to submit the grant application and the Local Government Resolution to Governor's Highway Safety program. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - February 1, 2021 ITEM: 2 Resolution North Carolina Governor's Highway Safety Program Local Governmental Resolution WHEREAS, the New Hanover County Sheriffs Office (herein called the "Agency ") has (The Applicant Agency) completed an application contract for traffic safety funding; and that New Hanover County (The Governing Body of the Agency) Board of Commissioners (herein called the "Governing Body ") has thoroughly considered the problem identified and has reviewed the project as described in the contract; THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of (Governing Body) Commissioners IN OPEN MEETING ASSEMBLED IN THE CITY OF Wilmington, NORTH CAROLINA, THIS _ DAY OF , 2021, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Governing Body and the general public; and 2. That New Hanover County Sheriffs Office is authorized to file, on behalf of the (Name and Title of Representative) Governing Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of $25,000.00 to be made to (Federal Dollar Request) the Governing Body to assist in defraying the cost of the project described in the contract application; and 3. That the Governing Body has formally appropriated the cash contribution of $0.00 as (Local Cash Appropriation) required by the project contract; and 4. That the Project Director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents and reports as required by the contract, if approved, or as may be required by the Governor's Highway Safety Program; and Rev. 7/11 Board of Commissioners - February 1, 2021 ITEM: 2 - 1 - 1 Page 1 of 2 Resolution 5. That certified copies of this resolution by included as part of the contract referenced above; and 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in opening meeting by ATTESTED BY DATE Rev. 7/11 (Chairperson/Mayor) (Clerk) Board of Commissioners - February 1, 2021 ITEM: 2 - 1 - 2 SEAL Page 2 of 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/1/2021 Consent DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SUBJECT: Approval to Apply for the NCDEQ 2021 Community Waste Reduction and Recycling Grant Program BRIEF SUMMARY: The North Carolina Department of Environmental Quality (NCDEQ) has requested proposals for grant funding to assist local governments with the implementation, expansion, and improvement of waste reduction and recycling programs in North Carolina. The 2021 Community Waste Reduction and Recycling ( CWRAR) Grant Program seeks to fund projects that help communities build lasting capacity to divert materials from the waste stream. There are two categories of CWRAR Grants for 2021: Priority Project Grants and Standard Project Grants, with different levels of funding for each. The Department of Environmental Management requests approval to apply for a Priority Project grant, which provides the maximum level of funding for this cycle ($40,000). The department proposes to purchase and operate a portable screening plant in support of the existing Food Waste Composting program. The funds from this new CWRAR grant will be used to purchase the screening unit and needed parts. This unit will improve the quality of the finished compost product, reducing the particle size, thus allowing it to be more widely used within the community for applications requiring a more finely screened material with smaller particle sizes. An example would be the top- dressing of athletic fields in NHC parks. Total cost of the enhancement is $72,591. Expenses over and above those provided by the $40,000 grant, including a required match of $8,000 representing 20% of the grant funding, will be paid from the Environmental Management Enterprise Fund in the FY21 -22 budget, if approved and adopted by the New Hanover County Board of Commissioners. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the submission of a CWRAR grant application for $40,000 to the NCDEQ Division of Environmental Assistance and Customer Service for the "Food Waste Composting Program Enhancement." COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - February 1, 2021 ITEM: 3 2 021 CWRAR Grant Application New Hanover County Department of Environmental Management PROJECT TITLE: Food Waste Composting Program Enhancement APPLICANT CONTACT INFORMATION: Kim Roane, Business Officer New Hanover County Dept. of Environmental Management 3002 U.S. Highway 421 N. Wilmington, NC 28401 (910) 798 -4402 office (910) 798 -4408 fax kroane(?nhcgov.com DATE OF PROPOSAL SUBMITTAL: February 1, 2021 GENERAL RE UIREMENTS: The applicant certifies the following: 1.) Solid Waste Disposal Tax Proceeds are only utilized to offset the cost of solid waste management for residents and businesses in New Hanover County (NHC). Proceeds are used to operate a vertically integrated solid waste management program that includes a RCRA Subtitle D landfill, a construction and demolition debris recycling facility, a food waste composting facility, a recycling drop -off service, and a Household Hazardous Waste and Electronics Recycling Program. See attached letter from the New Hanover County Chief Financial Officer, Lisa Wurtzbacher. 2.) The Department of Environmental Management provides, through a contract it manages, recycling services at all county government buildings. Materials collected include metal cans and bottles, glass food and beverage containers, plastic food and beverage containers, mixed paper, cardboard, and single -use and rechargeable batteries. See attached letter from the New Hanover County Environmental Management Director, Joe Suleyman. Board of Commissioners - February 1, 2021 ITEM: 3 - 1 - 1 3.) The Department of Environmental Management has established a Household Hazardous Waste program for the collection and recycling of fluorescent light bulbs and tubes, as well as mercury - containing devices (including thermostats) from facilities owned by the applicant. Current vendors are Cleanlites Recycling and EcoFlo. See attached letter from the New Hanover County Environmental Management Director, Joe Suleyman, PROJECT DESCRIPTION: 1.) OVERVIEW: The NHC Department of Environmental Management ( "Department ") proposes to purchase and operate a portable screening plant in support of its Food Waste Composting program. This program (Small Type 3 Compost Facility, Permit # 6504 - COMPOST -2018) has successfully converted over 350 tons of food waste into beneficial Grade A commercial compost. In addition to diverting food waste, the facility also processes yard waste and soiled animal bedding in an innovative in- vessel system. The finished product is provided at no cost to county residents and is also used by NHC Parks & Gardens, NHC Cooperative Extension and the Arboretum. While generating a quality product (the finished compost is analyzed by a certified laboratory twice annually for nutrients and pH), users have found that the products gradation (range of particle sizes) is too high for some applications, such as top - dressing of athletic fields. The Department has approached this as a quality issue, and proposes to address the challenge through the use of a portable screening plant. A portable unit is required as the working area is very compact — an 80' X 90' concrete pad. Additionally, a smaller plant is needed as product generation (20 -30 cubic yards per week) does not necessitate a large machine with a very high screening rate. After reviewing 5 machines meeting these minimum criteria, the SMI Compact 90TS was determined to be the most appropriate solution. A specification sheet is attached. The County intends to purchase a 90TS portable screening plant from SMI Compact. This screening plant utilizes a double deck screen to generate three screened product sizes, is tracked and remotely operated by a pigtail controller, and is very efficient (less than 0.9 gallons per hour fuel consumption). The feed hopper is also perfectly sized for a skid steer, which is the type of equipment used at the compost facility. The project budget includes a recommended spare parts package, which includes replacement screens, filters, and hydraulic hoses. 2.) SERVICE LIFE: The SMI 90TS, at current compost generation capacity, would have a 20% design utilization rate. With a 5 to 7 -year design service life at 80% design utilization rate, the Department can expect to operate the screening plant in excess of 15 years with proper care and maintenance, The Department has a very capable mechanic on Board of Commissioners - February 1, 2021 ITEM: 3 - 1 - 2 staff and a spare part inventory on hand will facilitate preventative maintenance and reduce unplanned down time. The equipment will be maintained per the manufacturer's recommendations and operated as outlined in the operator's manual. The equipment is manufactured in the United States and parts are readily available. With the ability to stockpile finished compost in bunkers and screening the material in larger batches, we are confident that this project will provide the community with a high quality project for well over a decade. 3.) ADDRESSING SPECIFIC NEEDS: This proposed project enhances and existing project, and addresses a quality issue that has limited the application of the finished compost due to irregular product gradation. Specifically, certain landscaping applications where compost application would be beneficial, such as top - dressing athletic fields after a season, require a compost product that is free of large pieces and is very finely graded. Utilizing compost in soil remediation projects also requires a very fine finished product to maximize surface area contact with the surrounding soils. Having the ability to provide a product that meets the particle size requirements allow the Department to divert more food waste to make more finished compost available for projects such as these. 4.) IMPACT: In Fiscal Year 19/20, seventy -eight (78) private residents picked up compost from the facility for use in their home gardens, landscaping, and lawns. The prior year, 29 residents utilized this free material. With no direct advertising, the 270% year -over- year increase in users indicates that "word of mouth" from satisfied citizens will continue to drive up demand. In FY 19/20, New Hanover County (NHC) Parks & Gardens utilized 65 cubic yards of finished compost, primarily at Airlie Gardens and Ogden Park, During the same period, New Hanover County Cooperative Extension consumed 15 cubic yards of finished compost at the Arboretum and in their Master Gardener courses. Thousands of citizens utilize county parks and the Arboretum on an annual basis, so the benefits are far - reaching. 5.) WASTE REDUCTION: The Department expects the portable screening plant project to be a direct factor in increasing waste reduction year - over -year. We do believe that having the ability to increase the number of applications in which the finished compost can be used (i.e. top- dressing athletic fields, remediation of contaminated soils) will drive up demand for the product. If demand increases, the food waste compost facility can increase production to meet the demand. For example, top - dressing a one -acre athletic field with Y4" of fine compost alone would require (43,560 ftzX 0.021)/27 = 33.88 cubic yards of compost. With over 25 soccer fields maintained by the county, the demand could exceed 850 cubic yards a year. To generate this quantity of finished compost, over 250 tons of food waste would need to be input. Having the ability to consistently Board of Commissioners - February 1, 2021 ITEM: 3 - 1 - 3 divert that amount of food waste, year over year for just one application is very compelling. 6.) PARTNERSHIPS: The department expects to partner with New Hanover County Parks & Gardens in providing sufficient finished screened compost to expand their current use to include the top- dressing of athletic fields in the off season. Providing this product offsets the operational cost to the Parks and Gardens Department, directly benefitting the taxpayers of New Hanover County. SPECIAL REQUIREMENTS: N/A PROJECT TIMELINE: • August 13, 2021: Bid documents completed • August 27, 2021: Bid advertisement period ends • September 3, 2021: Bids due • September 9, 2021: Bids reviewed, winning bid selected • September 10 — 24, 2021: Contract preparation • October 4, 2021: PO Issued to vendor • November 1, 2021: Delivery of SMI 90TS • November 5, 2021: Operator and mechanic training /orientation complete • November 5, 2021 —June 30, 2022: Equipment operation /maintenance • March 30, 2022. Deadline to submit draft final report • June 30, 2022: Final report due PROJECT BUDGET: Project Elements Estimated Cost SMI Compact 90TS $67,672 {QTY: 1} + freight Spare parts inventory $4,919 Project Budget Total Project Cost State Grant Applicant Cash Award _ Match Total $72,591 $40,000 — $32,591 i Board of Commissioners - February 1, 2021 ITEM: 3 - 1 - 4 NEW HANOVER COUNTY Grant Application Evaluation Form Lead Department: Environmental Management Department Head: Joe Suleyman Date: 1/4/21 Focus Area: Intelligent Growth & Economic Co- Applicants / Other Participating Departments /Agencies /Community Organizations: None Grant Title: Food 'baste Composting Program Enhancement Funding Organization: N.C. Department of Environmental Quality, Division of Environmental Assistance and Customer Service Fiscal Year: 21 -22 Grant Amount: X New Grant ❑Recurring Grant $40,000 Multi -Year Grant? ❑Yes X No Matching Funds? X Yes If Yes, Amount: ❑In Kind ❑No $32,591 X Cash $32,591 ❑Other Application Due Date: February 18, 2021 Briefly describe the purpose of the grant. Purchase of a portable screening plant in support of the department's existing Food Waste Composting program. This will improve the quality of the compost generated by generating three screened product sizes. The variety of screened material is necessary to meet the needs of some users, such as NHC Parks & Gardens, the NHC Cooperative Extension and the Arboretum. The current product is very good quality, but the product's range of particle sizes is too high for some applications, such as top - dressing athletic fields. Acquisition of this new screening plant will allow the department to efficiently improve the quality of the finished compost product, making it more widely used within the community. The additional cash match will be provided by the Environmental Management Enterprise Fund and will not require other County funding. If known: Are any other NHC Departments eligible for this funding? ❑Yes X No ❑Possibly Specify, which one(s)? Program Duplication f Cost Recovery Will this project in any way duplicate or compete with another service or program provided by NHC, another local agency or community or anization? ❑Yes X No ❑Possibly Board of Commissioners - February 1, 2021 ITEM: 3 - 2 - 1 Will this grant provide support for a mandated service? ❑Yes X No Can we capitalize on this funding to meet CU1TCnt and/or future equipment or X Yes ❑No facility needs? Does the grantor agency accept indirect costs as an allowable expense? Yes X No If Yes, what dollar or percentage is allowed? Additional Grant Considerations Can the proposal be completed within grant time frame allotted? X Yes ❑No ❑Possibly Can the requirements of this grant be met with current staffing levels? X Yes ❑No ❑Possibly Will new positions be requested (or expiring grant funded positions extended)? ❑Yes X No If Yes, how many new positions will be funded by the grant? new positions How many existing; positions will be funded by the grant? existing positions Will the grant create a program or require any County commitment for funding ❑Yes X No after grant funding ends? Does this program fit well with and enhance a current department or County X Yes ❑No program / initiative / service? If Yes, please explain: Does sufficient administrative support exist to make the grant worth pursuing;? X Yes ❑No Description of items or services to be purchased with funds: A 90TS portable screening plant that utilizes a double deck screen to generate three screened product sizes, is tracked and remotely operated by a pigtail controller, and is very efficient. Are matching; funds in the current budget or does the match require additional X Available funding? ❑Additional Needed ❑N /A- No matching funds required/requested Does the grant extend beyond the fiscal year (7 /1 to 6130)? ❑Yes X No FY21 -22 Is funding received in advance or on a reimbursement basis? ❑In Advance Reimbursement X. I have read, and am familiar with, the Grant policy (AM 13 -001). 1 acknowledge that as the Department Head, I am agreeing to be responsible for the administration of this grant and will ensure all Board of Commissioners - February 1, 2021 ITEM: 3 - 2 - 2 requirements ar fully met in a timely manner. Depart t Dead ignature NIA IT Director (required if computer /technology related) Grants & Project Analyst q .204 Date Date oApproved 1!4121 rVkequires B ©CC Date approval (agenda date) 111-9t21— Board of Commissioners - February 1, 2021 ITEM: 3 - 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/1/2021 Consent DEPARTMENT: Health and Human Services PRESENTER(S): Ashley Barton, Community Diabetes Educator CONTACT(S): David Howard, Assistant Health Director and Ashley Barton SUBJECT: Adoption of Heart Health Awareness Month Proclamation BRIEF SUMMARY. Heart disease is the leading cause of death in the United states, responsible for 1 in 4 deaths annually. NHC HHS is committed to reducing the risks and effects of heart disease for all residents. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - February 1, 2021 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS HEART HEALTH AWARENESS MONTH PROCLAMATION FEBRUARY 2021 WHEREAS, the annual celebration of Heart Health Awareness Month began in 1963 to encourage all Americans to join the battle against heart and cardiovascular disease; and WHEREAS, protecting heart health encompasses all cardiovascular health including risk for strokes and other cardiovascular conditions; and WHEREAS, one in three adult women has some form of cardiovascular disease; and WHEREAS, heart disease is the leading cause of death in the United states, responsible for 1 in 4 deaths annually; and WHEREAS, 45% of adults in the United States have hypertension or are taking medication for hypertension; and WHEREAS, up to 80% of strokes can be prevented by adopting healthy habits; and WHEREAS, February is also the American Heart Association's Go Red for Women campaign, because heart disease impacts women's lives as much as it impacts men's lives; and WHEREAS, National Wear Red Day for 2021 will be celebrated on February 5, 2021; and WHEREAS, New Hanover County Health and Human Services is committed to reducing the risks and detrimental effects of heart and cardiovascular disease for all residents. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that February 2021 will be recognized as "Heart Health Awareness Month" in New Hanover County. The Board commends this observance and urges that all citizens and community organizations join in this observance. ADOPTED this the 1st day of February, 2021. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - February 1, 2021 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/1/2021 Regular DEPARTMENT: Health and Human Services PRESENTER(S): Donna Fayko, Health and Human Services Director CONTACT(S): Tufanna Bradley, Assistant County Manager SUBJECT: Status Brief: Covid -19 Vaccinations BRIEF SUMMARY. The director will brief the board on current progress and plans for the county's continued involvement in direct delivery and facilitation of Covid -19 vaccines across the county. RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Receive report. COMMISSIONERS' ACTIONS: Received report. Board of Commissioners - February 1, 2021 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/1/2021 Regular DEPARTMENT: Planning PRESENTER(S): Gideon Smith, Current Planner CONTACT(S): Gideon Smith; Brad Schuler, Senior Planner; and Rebekah Roth, Planning and Land Use Interim Director SUBJECT: Public Hearing Rezoning Request (Z20 -23) — Request by Hamilton Hicks, Jr. on Behalf of the Property Owners, Dora Lee E. and David Earl Raines Heirs to Rezone Approximately 8.28 Acres of Land Located East of Marjoram Way, Near the 900 Block of North Kerr Avenue from R -15, Residential District, to RM F -L, Residential Multi - Family Low Density District BRIEF SUMMARY: The applicant is proposing to rezone approximately 8.28 acres from R -15 to RMF -L. The subject property is located on the eastern side of N. Kerr Avenue, between Martin Luther King Jr. Parkway and New Centre Drive. The subject property consists of four parcels and is within a portion of unincorporated land that is surrounded by the City of Wilmington. The zoning of the surrounding properties within the City includes MF -M, MF -L, R -10, R -7, and RB. The subject site does not have any frontage on Marjoram Way as the City limits begin slightly east of that road. However, the property owner does own this frontage, as well as the land west of Marjoram, and is currently considering the rezoning of that property to multi- family, as well. According to City staff and the applicant, the potential City rezoning is on hold at this time. City staff has indicated a preference for a conditional rezoning request and application for annexation. The subject site can still be developed under the County's RMF -L standards even if a rezoning request is not pursued within the City's jurisdiction. In addition, the applicant's remaining property within the City could still be developed under the current zoning designation (R -10) if this proposal was approved. Under the current R -15 zoning designation, the County's performance residential standards would allow up to 21 dwelling units at a maximum density of 2.5 dwelling units per acre (du /ac) on the subject property. The proposed RMF - L zoning would allow up to 83 dwelling units at a maximum density of 10 du /ac. The City of Wilmington has adopted a "Gingerwood Collector Street Plan" that includes the extension of Hunters Trail through the subject site connecting just south of Sagedale Drive onto Marjoram Way. The plan provides a recommendation for this connection to be made and dedicated as public infrastructure; however, it does not define the specific roadway design nor the exact location or alignment through the subject property. A link to the Gingerwood Collector Street Plan is available at: https: / /tinyuri.com /Gingerwood -CSP. As this is a straight rezoning, conditions cannot be applied to the approval of the request. A conditional rezoning would allow for conditions provided they were agreed upon by the applicant. However, the process of petitioning the roadway for acceptance into the State maintained road system typically occurs after the roadway has been constructed, and acceptance of the roadway is ultimately at the discretion of the North Carolina Department of Board of Commissioners - February 1, 2021 ITEM: 6 Transportation (NCDOT). A development under the proposed RMF -L district would not hinder any current authority by public agencies to implement the recommendations of the Gingerwood Collector Street Plan. Those same recommendations would be applied to any development under the current R -15 zoning. Any proposed development would be reviewed by the Technical Review Committee (TRC) to ensure compliance with applicable County and State regulations, including applicable site design and approval provisions within the U DO. A by -right residential development on the site under the current zoning (R -15) would allow 21 dwelling units, which is estimated to generate about 20 trips in the AM and 23 trips in the PM peak hours. Because the RMF -L zoning is intended for a range of housing types, including attached housing, Staff has provided trip generation estimates for the site if it were developed with multi- family or townhomes. If 83 multi- family dwelling units are constructed on the site, it is estimated to generate about 29 trips in the AM and 37 trips in the PM peak hours, with an expected net increase in traffic of 9 AM and 14 PM peak trips when compared to current zoning. If 83 townhome units are constructed on the site, it is estimated to generate about 40 trips in the AM and 50 trips in the PM peak hours, with an expected net increase in traffic of 20 AM and 27 PM peak trips when compared to current zoning. Because a specific development proposal is not required for a straight rezoning application, a Traffic Impact Analysis (TIA) was not conducted. However, if any proposed development were to exceed the 100 peak hour trip threshold, the ordinance would require a TIA. Based on a generalized historic generation rate, staff would estimate that the potential increase in homes would result in approximately 16 more students than would be generated under current zoning. County Planning staff has worked with Schools staff to analyze recent trends related to development patterns and student generation. Because an increase in new residential units throughout the entire county is not reflected in the actual student enrollment data, recent trends indicate new residential development may be generating much less student population than the historic generation rate would have indicated, and the student generation estimates included in this report may be greater than actual resulting student growth. Please refer to the Schools section included in this report for additional information on school enrollment and capacity. The adjacent property to the north within the City is zoned Multiple - Family Residential Low Density, which has the same maximum density as the subject request (10 du /ac). However, the development consists of 60 multi- family dwelling units at a density of 9 du /ac. In addition, the adjacent property to the east within the City is zoned Multiple - Family Residential Medium Density, which has a density maximum of 17 du /ac. The recent roadway improvements to Kerr Avenue, a major roadway, and the site's proximity to Market Street and commercial services also make the area more appropriate for higher densities. One of the goals of the New Hanover County Strategic Plan for 2018 -2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. The proposed RMF -L district would allow for attached housing types that would be less likely under the current R -15 zoning and could increase the diversity of housing types in New Hanover County's planning jurisdiction. The 2016 Comprehensive Plan classifies the site as General Residential. The proposed RMF -L rezoning is generally CONSISTENT with the goals of the 2016 Comprehensive Plan because the residential uses allowed are in line with the lower density multi- family housing outlined for General Residential areas and the potential development patterns and density are consistent with the surrounding neighborhoods. The Planning Board considered this application at their January 7, 2021 meeting. At the meeting, a representative of the adjacent property owner presented information regarding the Gingerwood Collector Street Plan which included a potential roadway connection through the subject property. The Planning Board noted that the proposed straight rezoning would not impact the potential extension of this Board of Commissioners - February 1, 2021 ITEM: 6 roadway and recommended approval of the application (5-0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the residential uses allowed are in line with the lower density multi- family housing outlined for General Residential areas and the potential development patterns and density are consistent with the surrounding neighborhoods. The Board also found 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, commercial services, and other existing multi- family developments and zoning, and it is unlikely to be developed as single - family because of the recent and future roadway improvements along North Kerr Avenue and Martin Luther King Jr. Parkway. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to an RMF -L district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the residential uses allowed are in line with the lower density multi- family housing outlined for General Residential areas 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, commercial services, and other existing multi- family developments and zoning, and it is unlikely to be developed as single - family because of the recent and future roadway improvements along North Kerr Avenue and Martin Luther King Jr. Parkway. Example Motion for Denial I move to DENY the proposed rezoning to an RMF -L district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the residential uses allowed are in line with the lower density multi- family housing outlined for General Residential areas and the potential development patterns and density are consistent with the surrounding neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest since a rezoning application for the remainder of the applicant's land within the City's jurisdiction is not being reviewed at this time, reducing the ability to create a viable and consistent unified development that each jurisdiction's Board can consider concurrently. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - February 1, 2021 ITEM: 6 SCRIPT for Zoning Map Amendment Application (Z20 -23) Request by Hamilton Hicks, Jr. on behalf of the property owners, Dora Lee E. and David Earl Raines Heirs to rezone approximately 8.28 acres of land located east of Marjoram Way, near the 900 block of North Kerr Avenue from R -15, Residential District, to RMF -L, Residential Multi - Family Low Density District. 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 additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. 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 of Approval I move to APPROVE the proposed rezoning to an RMF -L district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the residential uses allowed are in line with the lower density multi - family housing outlined for General Residential areas 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, commercial services, and other existing multi - family developments and zoning, and it is unlikely to be developed as single - family because of the recent and future roadway improvements along North Kerr Avenue and Martin Luther King Jr. Parkway. Example Motion of Denial I move to DENY the proposed rezoning to an RMF -L district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the residential uses allowed are in line with the lower density multi - family housing outlined for General Residential areas and the potential development patterns and density are consistent with the surrounding neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest since a rezoning application for the remainder of the applicant's land within the City's jurisdiction is not being reviewed at this time, reducing the ability to create a viable and consistent unified development that each jurisdiction's Board can consider concurrently. Board of Commissioners - February 1, 2021 ITEM: 6 - 1 - 1 Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to an RMF -L 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] STAFF SUMMARY OF Z20 -23 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20 -23 Request: Rezoning to an RMF -L district Applicant: Property Owner(s): Hamilton Hicks, Jr. Dora Lee E. & David Earl Raines Heirs Location: Acreage: 900 block of North Kerr Avenue 8.28 PID(s): Comp Plan Place Type: R04900- 001 - 001 -000 & Portions of R04906- 002 - 008 -000, R04907 -003- General Residential 004 -000, & R04907- 003 -005 Existing Land Use: Proposed Land Use: Undeveloped The property would be allowed to be developed in accordance with the RMF -L district Current Zoning: Proposed Zoning: R -15, Residential RMF -L, Residential Multi - Family Low Density Z20 -23 Staff Report BOC 2.1.2021 Page 1 of 14 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 1 SURROUNDING AREA Water /Sewer LAND USE ZONING North Multi - Family Residential (Cornerstone Condos), MF -L (City of Wilmington) Recreation Undeveloped MF -M (City of Wilmington) East Single - Family Residential, Marjoram Way Right -of- R -10 (City of Wilmington) Way, Undeveloped South Electric Substation R -15 West Undeveloped MF -M (City of Wilmington) ZONING HISTORY July 1, 1972 Initially zoned R -15 (Area 9A) COMMUNITY SERVICES Water /Sewer Water and sewer services are available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools College Park Elementary, Noble Middle, and New Hanover High Schools Recreation Kings Grant Park, Maides Park, Beaumont Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 2 Page 2 of 14 ZONING CONSIDERATIONS • The applicant is proposing to rezone approximately 8.28 acres from R -15 to RMF -L. • The subject property is located on the eastern side of N. Kerr Avenue, between Martin Luther King Jr. Parkway and New Centre Drive. Below: Subject Site in Relation to the City of Wilmington .z -- MLK lr. Pkw Land Also Owned Mf, by the Applicant A ' (City of Wilmington) ein Subject Site R -to (New Hanover County) r1He _- - R' nwartoram way City Limits -- Boundary _-- n � °R 7 N. Kerr Ave "' ' �_ • a`t'1a� '• 7 It RB • The subject property consists of four parcels and is within a portion of unincorporated land that is surrounded by the City of Wilmington. The zoning of the surrounding properties within the City includes MF -M, MF -L, R -10, R -7, and RB. • The subject site does not have any frontage on Marjoram Way as the City limits begin slightly east of that road. However, the property owner does own this frontage, as well as the land west of Marjoram, and is currently considering the rezoning of that property to multi - family, as well. According to City staff and the applicant, the potential City rezoning is on hold at this time. City staff has indicated a preference for a conditional rezoning request and application for annexation. • The subject site can still be developed under the County's RMF -L standards even if a rezoning request is not pursued within the City's jurisdiction. In addition, the applicant's remaining property within the City could still be developed under the current zoning designation (R -10) if this proposal was approved. Below: Additional Land Owned by Applicant Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 3 Page 3 of 14 • Because this is a general use rezoning, a conceptual plan is not included within the application. If the rezoning is approved, County Staff will coordinate with the City's Planning Department throughout the development review process. • Under the current R -15 zoning designation, the County's performance residential standards would allow up to 21 dwelling units at a maximum density of 2.5 dwelling units per acre (du/ac) on the subject property. The applicant is proposing to rezone the subject property to RMF -L which would allow up to 83 dwelling units at a maximum density of 10 du/ac. • The City of Wilmington adopted a "Gingerwood Collector Street Plan" in 1987. That plan was subsequently reviewed by City Transportation Planning and Traffic Engineering staff, resulting in a revision and adoption by the City of Wilmington in 1997. In 2009, the plan was further amended at the request of the adjacent property owner to the east of the property to include the extension of Hunters Trail through the subject site connecting just south of Sagedale Drive onto Marjoram Way. • The plan provides a recommendation for this connection to be made and dedicated as public infrastructure; however, it does not define the specific roadway design nor the exact location or alignment through the subject property. • As this is a straight rezoning, conditions cannot be applied to the approval of the request. A conditional rezoning would allow for conditions provided they were agreed upon by the applicant. However, the process of petitioning the roadway for acceptance into the State maintained road system typically occurs after the roadway has been constructed, and is ultimately at the discretion of the North Carolina Department of Transportation (NCDOT). • A development under the proposed RMF -L district would not hinder any current authority by public agencies to implement the recommendations of the Gingerwood Collector Street Plan. Those same recommendations would be applied to any development under the current R- 15 zoning. • Any proposed development would be reviewed by the Technical Review Committee (TRC) to ensure compliance with applicable County and State regulations, including applicable site design and approval provisions within the UDO. Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 4 Page 4 of 14 R -15 RMF -L Min Lot Size (Conventional) 15,000 sf 5,000 sf Max Density (Performance) 2.5 du/ac 10 du/ac (21 total units) (83 total units) Permitted Housing Types Single- family, mobile home, duplex, Single- family, mobile home, duplex, townhomes, multi - family townhomes, multi - family 26 uses w/ SUP (child care, 15 uses w/ SUP (senior living, recreation establishments, nursing & rehab facilities, child care, Nonresidential Uses convenience stores, kennels) schools, recreation establishments,) ~ 20 uses by -right (wholesale 15 uses by -right (parks, libraries, nurseries, stables, libraries, churches, churches, EMS) schools, EMS) • The City of Wilmington adopted a "Gingerwood Collector Street Plan" in 1987. That plan was subsequently reviewed by City Transportation Planning and Traffic Engineering staff, resulting in a revision and adoption by the City of Wilmington in 1997. In 2009, the plan was further amended at the request of the adjacent property owner to the east of the property to include the extension of Hunters Trail through the subject site connecting just south of Sagedale Drive onto Marjoram Way. • The plan provides a recommendation for this connection to be made and dedicated as public infrastructure; however, it does not define the specific roadway design nor the exact location or alignment through the subject property. • As this is a straight rezoning, conditions cannot be applied to the approval of the request. A conditional rezoning would allow for conditions provided they were agreed upon by the applicant. However, the process of petitioning the roadway for acceptance into the State maintained road system typically occurs after the roadway has been constructed, and is ultimately at the discretion of the North Carolina Department of Transportation (NCDOT). • A development under the proposed RMF -L district would not hinder any current authority by public agencies to implement the recommendations of the Gingerwood Collector Street Plan. Those same recommendations would be applied to any development under the current R- 15 zoning. • Any proposed development would be reviewed by the Technical Review Committee (TRC) to ensure compliance with applicable County and State regulations, including applicable site design and approval provisions within the UDO. Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 4 Page 4 of 14 AREA SUBDIVISIONS UNDER DEVELOPMENT TRANSPORTATION • Access is provided to the subject property via Marjoram Way (SR 3300) which connects to New Centre Drive. Due to recent improvements to N. Kerr Avenue, the roadway connection to Sagedale was removed, requiring motorists to use New Centre Drive to get to the subject property. According to NCDOT, a driveway permit will be required for any proposal on this site. d r Primary and - Secondar Access- Street _. Martin Luther Kin47r_P!ry City Street segen�ie o. N Kerr - ISite Way i r New Cen- Dr NCDOT Road NCDOT Road City Street �I Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 5 Page 5 of 14 • Traffic Impact Analyses are not required for straight rezonings, as a specific development proposal is required to analyze access, potential trip generation, and possible roadway improvements. However, before any major development can occur on this site, the Technical Review Committee (TRC) will review all plans for compliance with applicable County and State regulations. • A by -right residential development on the site under the current zoning (R -15) would allow 21 dwelling units, which is estimated to generate about 20 trips in the AM and 23 trips in the PM peak hours. • Because the RMF -L zoning is intended for a range of housing types, including attached housing, Staff has provided trip generation estimates for the site if it were developed with multi - family or townhomes. • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadways near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under 21 Single - Family Homes 20 AM 23 PM Current Zoning: N. Kerr Avenue 900 Block (south of MLK) Typical Multi - Family 39,200 0.55 Development under Proposed 83 Multi - Family Units 29 AM 37 PM RMF -L Zoning: 0.73 New Centre Drive* Net Change with Multi - Family: +9 AM / +14 PM Typical Townhome 0.45 Development under Proposed 83 Townhomes 40 AM 50 PM RMF -L Zoning: Net Change with Townhomes: +20 AM / +27 PM • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadways near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C N. Kerr Avenue 1 100 Block (north of MLK) 16,500 36,000 0.46 N. Kerr Avenue 900 Block (south of MLK) 21,500 39,200 0.55 Martin Luther King Jr. Parkway East of N. Kerr Avenue 37,000 51,000 0.73 New Centre Drive* East of N. Kerr Avenue 6,309 14,100 0.45 *WMPO 2019 Traffic Counts Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 6 Page 6 of 14 Nearby Planned Transportation Improvements and Traffic Impact Analyses (Traffic ImDact Analysed Approved Under Review Under Draft ;d j STIP Project U -3338 B & C Pr'�cess u STIP Project City of Wilmington ".� 1 Mile Radius i STIP Project U -5881 & U -5792 I Z20 -231' STIP Project U -49026 Miles tgniy - 0 0.25 0.5 1,0 Eme�V550"a -T �w� 1r een Y Nearby Traffic Impact Analyses: There are no pending or approved Traffic Impact Analyses within the proximity of the subject property that are anticipated to affect this request. Nearby NC STIP Projects: • STIP Project U -3338B o Project to widen Kerr Avenue from Randall Parkway to MLK Parkway. Construction was completed in December of 2019. • STIP Project U -3338C • Project to convert the intersection of N. Kerr Avenue and MLK Parkway into an interchange. • The project is currently scheduled to begin construction in 2029. According to NCDOT, the project design is estimated to be about 90% complete and is not anticipated to impact the land in the southeast quadrant of the intersection. Z20 -23 Staff Report BOC 2.1.2021 Page 7 of 14 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 7 • STIP Project U -49028 (Market Street Median) • Project to install a center median and pedestrian accessways along Market Street from north of College Road to Jacksonville Street, and from Cinema Drive to the CSX Railroad. The pedestrian accessways will consist of a 10 -foot multi -use path on the eastern side of the street, and a 5 -foot sidewalk on the western side of the street. • The project is currently scheduled to begin construction in 2029. • U -5792 (College /MLK Interchange) & U -5881 (College Road Improvements) • Two projects (U -5792 & U -5881) that will upgrade College Road from Gordon Road to New Centre Drive. NCDOT's recommended plans for these projects include converting certain intersections along College Road into interchanges, including at MLK Parkway and Kings Drive. • The production schedule for the College/MLK Interchange and College Road Improvements projects were to begin right -of -way acquisition in 2024 and 2025, respectively, and bidding of the projects in 2026 and 2028, respectively. However, both of these projects are currently on hold for the foreseeable future. ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Smith Creek (C; Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (unsuitable). However, the site is expected to be served by CFPUA when developed. OTHER CONSIDERATIONS SCHOOLS • Students living in a development on the subject site would be assigned to College Park Elementary, Noble Middle School, and New Hanover High School. Students may apply to attend public magnet, year -round elementary, or specialty high schools. • A maximum of 21 dwelling units would be permitted under the current R -15 zoning base density, and 83 units could potentially be developed under the proposed zoning for an increase of 62 dwelling units. • Based on a generalized historic generation rate *, staff would estimate that the potential increase in homes would result in approximately 16 additional students than would be generated under current zoning. • County Planning staff has worked with Schools staff to analyze recent trends related to development patterns and student generation. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 1 1,000 permits for new residential units throughout the entire county. Using the generalized historic generation rate, staff would have estimated that about 3,000 students would have been generated from the new homes over the 5 -year period. However, this increase is not reflected in the actual enrollment data. As a result, recent trends indicate new residential development may be generating much less student population than the historic generation rate would have indicated, and the student generation estimates for this proposal are likely much larger than the student growth that can be anticipated to result from the proposed rezoning. Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 8 Page 8 of 14 Development Type Intensity Estimated Student Generation Enrollment of Capacity of (generalized historic student generation rate) Existing Development Undeveloped Total: 0 (0 elementary, 0 middle, 0 high) Typical Development under 21 residential Total: 6 Current Zoning units (3 elementary, 1 middle, 2 high) Typical Development under 83 residential Total: 22 Proposed Zoning units (10 elementary, 5 middle, 7 high) *Generalized historic generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020 -2021 school year by the estimated number of dwelling units in the county. Currently, there are an average of 0.24 public school students (0.11 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. Generation rates do not take into account different housing types and different locations, which typically yield different numbers of students. • Since the proposed rezoning is for a general use district with no site - specific development plan, it is more likely to have a build -out date approximately 5+ years away, and existing school enrollment is not likely to be as relevant for capacity considerations as projected future enrollment. However, school enrollment projections have not been updated since the school redistricting that went into effect in school year 2020 -2021. • 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 that may occur over the next five years or changes to student populations. School Enrollment* and Capacity ** — 2021 -2022 Estimates *Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design, classrooms to serve a unique population such as ESL, or classrooms designated for art and music if the building wasn't specifically designed with those spaces. • School staff presented a facility needs survey to the Board of Education on January 5, 2021 that included updated NC Department of Public Instruction student growth projections and school capacity data. While Planning staff does not yet have information specific to the projected enrollment and capacity of the schools that would be affected by this request, it appears that planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district -wide over the next five to ten years if facility upgrades are funded. Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 9 Page 9 of 14 Total Enrollment of Capacity of % of Funded Level NHC % School Assigned Assigned Capacity of Capacity Capacity School School w/ Assigned Upgrades Portables School Elementary 97% College Park 553 492 112% None Middle 107% Noble 720 664 108% None High 105% New Hanover 1,532 1,648 93% None *Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design, classrooms to serve a unique population such as ESL, or classrooms designated for art and music if the building wasn't specifically designed with those spaces. • School staff presented a facility needs survey to the Board of Education on January 5, 2021 that included updated NC Department of Public Instruction student growth projections and school capacity data. While Planning staff does not yet have information specific to the projected enrollment and capacity of the schools that would be affected by this request, it appears that planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district -wide over the next five to ten years if facility upgrades are funded. Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 9 Page 9 of 14 CONTEXT AND COMPATABILITY • The subject property is located along Marjoram Way, a local road that has direct access to New Centre Drive, which is identified as a Major Collector road on the WMPO Functional Classification Map. • The adjacent property to the north within the City is zoned Multiple - Family Residential Low Density, which has the same maximum density as the subject request (1 0 du/ac). However, the development consists of 60 multi - family dwelling units at a density of 9 du/ac. • The adjacent property to the east within the City is zoned Multiple - Family Residential Medium Density, which has a density maximum of 17 du/ac. • The adjacent single - family zoning in the City (R -10) is mostly undeveloped except for land to the south that is occupied by overhead power lines (utilities). • The recent roadway improvements to Kerr Avenue, a major roadway, and the site's proximity to Market Street and commercial services, make the area more appropriate for higher densities. Representative Developments of RMF -L: Cornerstone Condominiums (Adjacent to the North of Subject Site) r' e' "all Villages ca i'iuraarian Landing Sun Coast Condos and Sun Coast Villas off Gordon Road Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 10 Page 10 of 14 Representative Developments of R -15: Grayson Park Clay Crossing Plantation Landing NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018 -2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • Because the subject property is surrounded by the City of Wilmington's jurisdiction, it is not in a specific community area. However, detached single - family homes make up 80% of residential units in the unincorporated county. • The proposed RMF -L district would allow for attached housing types that would be less likely under the current R -15 zoning and could increase the diversity of housing types in New Hanover County's planning jurisdiction. Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 - 2 - 11 Page 11 of 14 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type General Residential Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description 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 near the intersection of N. Kerr Ave and Martin Luther King Jr. Parkway. Recent improvements have widened the roadway and impacted driveway access to N. Kerr Ave. While portions of this area are zoned for single - family development, the recent improvements and upgrades to N. Kerr Ave make future single - family development less likely. The site is immediately adjacent to MF -L and MF -M multi - family zoning within the City of Wilmington to the north and east and is largely separated from undeveloped single - family zoned properties by Marjoram Road to the west. Analysis The intent of designating this area as General Residential was to provide development consistent with the existing neighborhoods in a place where a mix of uses is less appropriate because of its location in the middle of a residentially zoned area. The Comprehensive Plan indicates that a variety of housing types, including lower density multi - family, are typical and encouraged in the General Residential place type. While the proposed zoning district would allow for up to 10 units per acre, which would be on the higher end of the density range of up to eight units per acre outlined for General Residential areas, RMF -L is the lowest density multi - family zoning designation and would serve as an appropriate transition between Z20 -23 Staff Report BOC 2.1.2021 Page 12 of 14 Board of Commissioners - February 1, 2021 ITEM: 6 -2-12 PLANNING BOARD ACTION The Planning Board considered this application at their January 7, 2021 meeting. At the meeting, a representative of the adjacent property owner presented information regarding the Gingerwood Collector Street Plan which included a potential roadway connection through the subject property. The Planning Board noted that the proposed straight rezoning would not impact the potential extension of this roadway and recommended approval of the application (5 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the residential uses allowed are in line with the lower density multi - family housing outlined for General Residential areas and the potential development patterns and density are consistent with the surrounding neighborhoods. The Board also found 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, commercial services, and other existing multi - family developments and zoning, and it is unlikely to be developed as single - family because of the recent and future roadway improvements along North Kerr Avenue and Martin Luther King Jr. Parkway. Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 -2-13 Page 13 of 14 higher intensity development and zoning to the east and the lower density zoning still applied to the properties to the west. The densities and range of housing types permitted by the proposed district would also allow for a consistent development pattern in this area. 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 Martin Luther King Jr. Parkway and New Centre Dr 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. The proposed RMF -L rezoning is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because the residential uses allowed are in line with Recommendation the lower density multi - family housing outlined for General Residential areas and the potential development patterns and density are consistent with the surrounding neighborhoods. PLANNING BOARD ACTION The Planning Board considered this application at their January 7, 2021 meeting. At the meeting, a representative of the adjacent property owner presented information regarding the Gingerwood Collector Street Plan which included a potential roadway connection through the subject property. The Planning Board noted that the proposed straight rezoning would not impact the potential extension of this roadway and recommended approval of the application (5 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the residential uses allowed are in line with the lower density multi - family housing outlined for General Residential areas and the potential development patterns and density are consistent with the surrounding neighborhoods. The Board also found 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, commercial services, and other existing multi - family developments and zoning, and it is unlikely to be developed as single - family because of the recent and future roadway improvements along North Kerr Avenue and Martin Luther King Jr. Parkway. Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 -2-13 Page 13 of 14 STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to an RMF -L district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the residential uses allowed are in line with the lower density multi - family housing outlined for General Residential areas 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, commercial services, and other existing multi - family developments and zoning, and it is unlikely to be developed as single - family because of the recent and future roadway improvements along North Kerr Avenue and Martin Luther King Jr. Parkway. Alternative Motion for Denial I move to DENY the proposed rezoning to an RMF -L district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the residential uses allowed are in line with the lower density multi - family housing outlined for General Residential areas and the potential development patterns and density are consistent with the surrounding neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest since a rezoning application for the remainder of the applicant's land within the City's jurisdiction is not being reviewed at this time, reducing the ability to create a viable and consistent unified development that each jurisdiction's Board can consider concurrently. Z20 -23 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 6 -2-14 Page 14 of 14 Case: Site Address: Existing Zoning/Use: Proposed Zoning Z20 -23 900 block R -15 /Undeveloped RMF -L M Kerr Ave N n a L L e Y 01 rrrrrrrrrr 1 i � 4 Subject Site New Centtie.Dr s° -t. Litchfield j� 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 5C RA R -20 UMXZ Q &I R -20S Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 5.7 of the UDO �, Incorporated Areas jSHOD Case: Site Address: Existing Zoning /Use: Proposed Zoning Z20 -23 900 block R -15 /Undeveloped RMF -L N Kerr Ave N =Green Rcl - Lutherr'King,Jr i_ �,on Dr nnara+w� -- sa9edar_ _ .- m: r. s � 1 5, t Subject . e a� t Place Types i i x J:a +4 i COMMERCE ZONE i 4: r EMPLOYMENT GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE II s ..�a RURAL a 1 ... f . I • �a . 1 ` • r • Case: Site Address: Existing Zoning/Use: Proposed Zoning Z20 -23 900 block R -15 /Undeveloped RMF -L N Kerr Ave N Gre —en tree Rd 4516 4516 4516 4.516 4527 4523 4523 X525 4527 4525 4521 4521 523 10112 4521 ~4521 �4511��4519 4519 • 4 519"4519 1000 910 • 4 818 • 918 • !2 •912 r 812��- 904 808 • 0 Tabot 720 3 816 810 710 30 0 4525 • • 734 • 4575 sungk0`N pY� o • • ; 609 Q -4560 4591 • • 4562 i { 75U Feet — ❑ N&J�Mfrffign eLOri 1 1 ` ITE�: 6 Subject Site A coy% AC R -10 rMARTIH LUTHER KIM"R pKY AM 4 1 � V r CITY Site e sl APPLICANT MATERIALS Board of Commissioners - February 1, 2021 ITEM: 6 - 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.com ZONING MAP AMENDMENT APPLICATION This application form must be completed as part of a zoning map amendment application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.2 of the Unified Development Ordinance. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant /Agent) kC.t4--5 �� S7 b►2r LC-:t-:. t~, Ra, i *.t g tR5 Company Company /Owner Name 2 7Uj4j-(>,A C-0 AS--r,.L- 12 . �t.lc D �v ► o C ��L iz t N s O r t R.5 Address Address f 0 W0 o 0 RD ., 5 A-e S l 4 City, State, Zip City, State, Zip L Q-1,.I %, i (j---o Ki "c Z e 4 ®3 t li j -ror-t t11 c 2 S40 I Phone _ C) to - ! Za-- 4-678 Phone P ko- "1 (0 4-1 Email Email ♦am, 14-" C}? . cu i b r +k I zw u v0-b z c D 2. Subject Property Information Address /Location Parcel Identification Number(s) Q 2 I �- IEbb t\J, Kettq *r— See I-Tv,0 i4MtF-N T' rx Total Parcels) Acreage Existing Zoning and Use(s) Proposed Zoning Future Land Use District(s) _ Classification Ml F —L= Applicant Tracking Information (This section completed by staff) Case Number. Date /rime Received. Received by: Board of Commissioners - February 1, 2021 ITEM: 6- 7- 1 Page 1 of 4 Zoning Map Amendment Application - Updated 02 -2020 Raines Application - Attachment A - PINs R04907- 003 - 005 -000 PT Lot 27 POEZOLT, 904 N. Kerr Ave R04907- 003 - 004 -000 PT Lot 29 POEZOLT , 912 N. Kerr Ave R04900- 001 - 001 -000 PT POEZOLT /SPRING, 1000 N. Kerr Ave R04906- 002 -008 -000 LOT 31 POEZOLT, 914 N. Kerr Ave / This is only for the portion across Marjorm Road. The remainder is City of Wilmington zoning e Board of Commissioners - February 1, 2021 ITEM: 6 - 7 - 2 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.? I as +0 � �r ��r' �haPC, (bvV.r(,�,) C®sr <oj Jv� at cc e-5 �-u IC A- \/ or 4-e r- , 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? 20L60 e, -- tfzz- sfJb�e-c+ CZ-,+J c�(S �' e h �r'zl res ► d-k->�- �zcahtinr ��-►� v�� 4,t, I"� t= t_ Is -� (� �ee{'S -�.a -� �v -Je 1,1 �� cat .�.� zc..�,,`�' � b Q 11 r✓IZ ��tir IE C.oti� b 'Y, ► W 1 (3 tr O 'iii p Lr 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for ithe _uses permitted under the existing zoning? 6((e `dine I t Bess ir�ss b i secs +� mar b, rv, t� a4 -t�•CJ s) 8>l<--1 clp Yn.�eA Board of Commissioners - February 1, 2021 Page 2 of 4 ITEM: 6 - 7 z0hing Map Amendment Application - Updated 02 -2020 4. How will this zoning change serve the public interest? T� �P_ C-� 2 ►�� ro m S fCtCe c'!,YeVt- --LS sn c b"4- , i'E, i 1r iy.tr� 5 111C�e 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 This application form, completed and signed l /Application fee: • $500 for 5 acres or less ✓ • $600 for more than 5 acres ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning ,IJ One (1) hard copy of ALL documents VAcknowledgment and Signatures Form (if applicable) VOne (1) digital PDF copy of ALL documents AND plans Applicant Initial Staff Initial ,Hs 4ffS Board of Commissioners - February 1, 2021 Page 3 of 4 ITEM: 6 - 7 Zoning Map Amendment Application — Updated 02 -2020 4. Acknowledgement and Signatures By my signature below, I understand and accept all of the limitations and obligations of the Zoning Map amendment 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; and 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. V � • Signature of Property Owner(s) Signature of Applicant /Agent M _- 1, 4214 jr AV X4,5 Print Name(s) Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. 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 - February 1, 2021 Page 4 of 4 ITEM: 6 - 7 Zoning Map Amendment Application — Updated 02 -2020 4. Ackno'wlec ger.eni cnd Signaturys By my signature below, I understand and accept all of the limitations and obligations of the Zoning Map amendment 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 applicart /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental is ;c, materials; 2. Appear at public hearings to give representation an ; 3. Act on my behalf without limitations with regar a � ,, t;, arising out of this application. Nr indirectly connected with or V" Signature of Property Owner(s) Signature of Applicant /Agent M i c k de' I{ rL: 'R IYi mes Print Name(s) Print Blame Note: This form must be signed by the owner(s) of record. If there are multiple Pro owners, a signature is required for each owner of record. If an app' i e a ion m the Planning Board or Board of County Commissioners before notice has been sen r :m will be calendared for the next meeting and no fee will be required. If delay is requested after nc newspaper, the Board will act on the request at the scheduled meeting and are under no obliga+ ince. If the continuance is granted, a fee in accordance with the adopted fee schedule as public / . ounty Planning website will be required. c� f 'r S Board of Commissioners - February 1, 2021 Page 4 of 4 ITEM: 6 - Zo &g Map Amendment Application — Updated 02 -2090 EXHIBIT MAP Board of Commissioners - February 1, 2021 ITEM: 6 - 8 - 1 W N TS Q � LLJ co �L LLJC LU O � � a ® O O U z I 1, STUART Y. BENSON, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION ( DEED DESCRIPTION SHOWN HEREON). THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND AS NOTED HEREON: THAT THE RATIO OF PRECISION AS CALCULATED IS 1 : 20,000 + / -: THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47 -30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL, THE 16TH DAY OF DECEMBER, 2020 A.D.. :r �1,RT �_ SEN$C�: -RV =ES I + -:,NAL -Ak:D SUIF'- E7'' F� h,`.1 L iw?ti CAPE FEAR SURVEYING, PC ONE NORTH 6th ST., WILMINGTON, NC 28401 (910) 762 -9496 FAX: (910) 762 -5949 EMAIL: capefearsurveying ®yahoo.corn LICENSE ¢# C -3199 Board of Commissioners - February 1, 2021 CL YTON T HELD DB. 2046 PG. 212 -,- 11V4 AO \ B. /7iE ,546 PG cc- �ottOgiettyip ��'�'�B'e e�yiseaareaed ��y� SEAS.. L-2675 .� UR,�m e4� g„ �'" •eta•ro .v4 a �� /V,4 9'7,3,W oS /V - V �ye ® 'yl RIGHT OF WAY VARIES PROJECT # U -92C CORNERSTONE OWNERS ASSOC INC M.B. 11 PG. 166 CITY OF WILMINGTON I, STUART Y. BENSON, PROFESSIONAL LAND SURVEYOR CERTIFY THAT THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. -- F r' fir•` ..... _ _ �, '' � �� „.�. '`f � � r- RT Y. PRCF75SION — I. AND D NO I. —r177 u -- ' 30' +1- TO RUN OF BRANCH oP'�\Al / o l %tit1 5016 HUNTERS TRAIL DB. 5463 PG. 2397 CITY OF WILMINGTON RUN OF CREEK LINE TABLE LINE LENGTH BEARING L79 Z O � Z 39.62 N32 °21'08 "E L81 Q N33 °54'26 "E L82 36.19 N45 °26'22 "E L83 11.35 S49 °03'14 "W O V �;� Z 74.20 Z L85 0 N39 °28'18 "E 0 29.59 1, STUART Y. BENSON, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION ( DEED DESCRIPTION SHOWN HEREON). THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND AS NOTED HEREON: THAT THE RATIO OF PRECISION AS CALCULATED IS 1 : 20,000 + / -: THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47 -30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL, THE 16TH DAY OF DECEMBER, 2020 A.D.. :r �1,RT �_ SEN$C�: -RV =ES I + -:,NAL -Ak:D SUIF'- E7'' F� h,`.1 L iw?ti CAPE FEAR SURVEYING, PC ONE NORTH 6th ST., WILMINGTON, NC 28401 (910) 762 -9496 FAX: (910) 762 -5949 EMAIL: capefearsurveying ®yahoo.corn LICENSE ¢# C -3199 Board of Commissioners - February 1, 2021 CL YTON T HELD DB. 2046 PG. 212 -,- 11V4 AO \ B. /7iE ,546 PG cc- �ottOgiettyip ��'�'�B'e e�yiseaareaed ��y� SEAS.. L-2675 .� UR,�m e4� g„ �'" •eta•ro .v4 a �� /V,4 9'7,3,W oS /V - V �ye ® 'yl RIGHT OF WAY VARIES PROJECT # U -92C CORNERSTONE OWNERS ASSOC INC M.B. 11 PG. 166 CITY OF WILMINGTON I, STUART Y. BENSON, PROFESSIONAL LAND SURVEYOR CERTIFY THAT THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. -- F r' fir•` ..... _ _ �, '' � �� „.�. '`f � � r- RT Y. PRCF75SION — I. AND D NO I. —r177 u -- ' 30' +1- TO RUN OF BRANCH oP'�\Al / o l %tit1 5016 HUNTERS TRAIL DB. 5463 PG. 2397 CITY OF WILMINGTON RUN OF CREEK LINE TABLE LINE LENGTH BEARING L79 56.09 S35 °28'50 "E L80 39.62 N32 °21'08 "E L81 37.63 N33 °54'26 "E L82 36.19 N45 °26'22 "E L83 11.35 S49 °03'14 "W L84 74.20 N44 °47'32 "E L85 21.10 N39 °28'18 "E L86 29.59 S36 °41'42 "W L87 25.01 N43 °28'19 "E L88 16.51 N76 °40'11 "E L89 53.18 N42 °21'21 "E L90 27.78 N40 °42'25 "E 1-91 48.78 N15 °44'27 "E L921 27.61 S08 °03'33 "W L931 30.40 S18 °0(D'15 "E 5016 HUNTERS TRAIL DB. 5463 PG. 2397 041lpQ1 0,9. 8 6 0 /�� PC 482 �icyT LEGEND I.P.S. OR I.R.S. 0 IRON PIPE OR ROD SET E.I.P. OR E.I.R. O EXISTING IRON PIPE OR ROD SURVEY AND EXHIBIT FOR REZONE FOR FRAMES HDRS 11.23 ACRES +/- WILMINGTON TOWNSHIP & HARNETT TOWNSHIP NEW HANOVER COUNTY, NORTH CAROLINA MARCH 28, 2019 MAP BOOK PAGE 132 GRAPHIC SCALE C.M. O CONCRETE MONUMENT 100 0 50 100 200 400 C/L CENTER LINE R/W RIGHT OF WAY P. K. A P.K. SURVEY NAIL ( IN FEET) • NON - MONUMENTED CORNER NC DOT R/W DISK 1 inch = 100 ft. C \Land Projects R2\ RAINES_ MLK_NEWCENTER_COUNTY_REZONE.dwg 12/16/2020 45414 PM EST GINGERWOOD COLLECTOR STREET PLAN MEMORANDUM Board of Commissioners - February 1, 2021 ITEM: 6 - 10 - 1 SHIPM4N & WRIGHT, L.L.P. A T T O R N E Y S A T L A W 575 Military Cutoff Road, Suite 106 I Wilmington, NC 28405 P: 910.762.1990 I F: 910.762.6752 1 800.762.1990 I www.shipmanandwright.com Gary K. Shipman Board Certified Civil Trial Specialist National Board of Trial Advocacy William G. Wright NCDRC Certified Superior Court Mediator Jillian C.S. Blanchard Kevin L. Littlejohn, II MEMORANDUM Date: January 26, 2021 To: Distribution List From: Jennifer D. Scott Re: Rezoning Case: Z20 -23 goo Block N. Kerr Avenue Jennifer D. Scott Certified Real Property Specialist NCDRC Certified Superior Court Mediator James T. Moore Bridget A. Campbell Writer's email: jscott@shipmanlaw.com My firm represents 5016 Hunters Trail, LLC ( "HT "). HT owns a 42 -acre tract of land adjacent to the parcels that are the subject of the referenced Rezoning Case: Z20-23. My client supports the proposed land use requested by the Applicant but we submit that, based on the County's own policies, there must be some mechanism in place to provide for the westward extension of Hunters Trail through the Applicant's property in order for the requested zoning change to be granted in light of the established goals to: (i) promote connectivity; (ii) cooperate with the City of Wilmington and NCDOT; and (iii) in furtherance of public safety and the orderly provision of public transportation infrastructure improvements. New Hanover County ( "NHC ") has a duty to make land use decisions in the context of transportation considerations. In this case, Planning Staffs recommendation for rezoning approval inadvertently failed to consider numerous material facts relating to consequential transportation issues, including (i) the Market Street Corridor Study, (ii) the approved Gingerwood Collector Street Plan, (iii) two (2) directly applicable Traffic Impact Assessment reports, (iv) the City's 2oog Resolution to cause the Hunters Trail Extension to be relocated to connect with Marjoram Way, and (v) the City's 2015 condemnation of nearby real property as a means to facilitate the full implementation of the Gingerwood Collector Street Plan. Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 1 Rezoning Case Z20 -23 January 26, 2021 Page 2 of 4 Each of the foregoing transportation considerations were pursued and /or legislated based on collaboration among the NCDOT, the WMPO, and the City of Wilmington. A history of these matters, including the Gingerwood Collector Street Plan and the Hunters Trail Extension, is provided in the attached Exhibits. The Staff report on the subject rezoning case incorrectly states that there are no relevant TIAs or relevant future plans for NHC to consider in its order on the rezoning request. Although we believe the omissions were unintentional, material facts were not considered and require your due consideration. We assert that if the Planning Department had fully evaluated the relevant transportation and safety data referred to herein, Staff would have either (a) requested the Applicant grant the right -of -way needed to accommodate the future construction of the Hunters Trail Extension through the property in order to proceed with general district rezoning, or (b) requested that the Applicant re- submit the rezoning request from the general district to the conditional district to accommodate the requested uses but with the condition of providing for the future extension of Hunters Trail. In order for public transportation safety issues to be properly evaluated, there must be meaningful intergovernmental cooperation. In the subject case, there is a proposed City road (Hunters Trail) which crosses over parcels in NHC to connect with a NCDOT road (Marjoram Way). This dynamic is unusual and the information we have compiled for your consideration is difficult to assemble but nonetheless critical to analyze in this case. In evaluating this matter, it is incumbent upon NHC to respect the 25+ years of collaborative transportation efforts and acknowledge the NCDOT's $25,000,000 investment of taxpayer dollars on the Kerr Avenue Project (U3338-B). The existing transportation infrastructure in Wilmington is strained and traffic congestion has become a major problem throughout the community. The Hunters Trail Extension is necessary to assist with traffic flow in the areas affected by the current zoning request. In its session on January 7, due to late notice of the matter to my client (timing of notices and delivery of mail over the holidays), the Planning Board was only informed about the material omissions in the rezoning Case Study two hours prior to the hearing, which was unfortunate. The Board clearly understood the importance of (i) roadway interconnectivity, (ii) the Hunters Trail Extension, (iii) the County's obligation to respect transportation planning initiatives and applicable TIAs, and (iv) the County's commitment to intergovernmental cooperation. Notwithstanding, it was evident that neither the Planning Board nor the Planning Staff had adequate time to study and evaluate the implications of the aforementioned transportation considerations. Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 2 Rezoning Case Z20 -23 January 26, 2021 Page 3 of 4 The Board, with notable reluctance, justified voting in favor of the rezoning request as Staff recommended, based on its conclusion that transportation considerations (i.e., the Hunters Trail Extension) could be addressed in a future TRC meeting. That conclusion seems logical but is flawed in this case because the Applicant has stated it has no intention of developing the property. The Applicant seeks entitlements to improve the marketability of the property and it is currently listed for sale. The problem with punting this issue to an uncertain future TRC date is that my client will begin construction of an apartment community on its 42 -acre adjacent site in 2021. The project has a by -right entitlement of 742 multifamily units. The referenced TIAs expect that the trip generation from the apartment community could be +/- 2,000 vehicles per day. If there is no ability to extend Hunters Trail westward to Marjoram Way, then virtually all of the incremental trip generation would be distributed to overburdened and congested Market Street (which we are informed has been operating for decades at an incurable LOS of T"). The extension of Hunters Trail would allow for the incremental trip generation to be ratably distributed. Instead of Market Street receiving the incremental trip generation, our traffic engineer projects that 50% or greater of the new traffic would be dispersed to Kerr Avenue and Martin Luther King Jr. Parkway. This dispersal of traffic is important to alleviate traffic congestion, reduce vehicle collisions, and to safeguard human lives. To properly resolve this matter in a manner that is consistent with County policies, allow the re- zoning request to proceed and address transportation safety issues, we suggest Staff contact the Applicant to request the property owner agree to grant the right -of -way required to accommodate the Hunters Trail Extension. We believe the Applicant could look favorably upon such a request for the following reasons: 1) Granting the right of way does not impose any cost on the Applicant; 2) The Applicant has advised our client that it supports the Hunters Trail Extension; 3) The Applicant has acknowledged that the Hunters Trail Extension will be a future requirement of the Technical Review Committee; 4) The Hunters Trail Extension, when constructed, would add significant value to the Applicant's property; and 5) The right of way would not reduce the site's density. Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 3 Rezoning Case Z20 -23 January 26, 2021 Page 4 of 4 Absent an agreement to provide the necessary easement for the future extension of Hunters Trail, we would request that the County: 1. Continue the matter to encourage the Applicant to withdraw its application and resubmit for a conditional district rezoning; or 2. Deny the rezoning request on the basis that the County cannot create a viable and consistent unified development with the portion of the Applicant's property in the City's jurisdiction since there is no rezoning application with the City to consider concurrently. We are eager to cooperate with the County and the Applicant to a mutually beneficial result that accounts for public safety and collaborative planning. Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 4 DISTRIBUTION LIST Name Title Email Julia Olson - Boseman Chair ioboseman@nhcgov.com Deb Hays Vice -Chair dhayspnhcgov.com Jonathan Barfield Jr. Commissioner jbarfield @nhcgov.com Bill Rivenbark Commissioner brivenbarkonhcgov.com Rob Zapple Commissioner rzapple (&nhcgov.com Donna Girardot Chair, NHC Planning Board dlgirardot@gmail.com Rebekah Roth Interim Planning Director rroth(?nhcgov.com Ken Vafier Planning Manager kvaiier @nhcgov.com Brad Schuler Senior Planner bschuler(&nhcgov.com Gideon Smith Current Planner gismith@nhcgov.com Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 5 HISTORY OF HUNTERS TRAIL EXTENSION EXHIBIT (Page 1 of 3) In 2005, the NCDOT, WMPO, NHC, and City of Wilmington began working collaboratively on a series of initiatives and legislative actions to address the well- documented and dangerous traffic conditions on Market Street and Kerr Avenue. The various legislative and planning actions undertaken were based on the findings in the Market Street Corridor Study ( "MSCS "). The MSCS states "...by far, Market Street is the most unappealing transportation corridor in Wilmington - -- ugly, poorly designed, and over capacity" and further describes the Market Street Corridor "as synonymous with traffic, congestion, delay, unsafe travel conditions, and poor land -use patterns. Coupled with insufficient investment in roadway infrastructure, lack of alternative transportation choices, and sprawl development patterns, the Market Street corridor has become one of the most highly congested, unsafe travel routes in the State." Although the final report of the MSCS was issued in 2010, its findings originated in other planning studies, including the Future Land Use Plan (2004), the City's Market Street Corridor Study (2005), and the US 17 Corridor Plan (2006). A copy of the final report of the MSCS is found at this link. https:// www .dropbox.com/s /ilxxn9jt7pp2ehq /Market Street Corridor Study pdf?dl =0 The collective findings in these various studies resulted in two major outcomes: (1) the NCDOT approved and completed the $25,000,000 Kerr Road Widening (U- 3338B) and (b) the City to adopt its collector street program for long term planning purposes. A chronology of various governmental actions to address transportation problems in the vicinity of the subject property is as follows: 1. The City adopted the Gingerwood Collector Street Plan on August 19, 1997. 2. On May 1, 1990, the City approved the approved the "Collector Street Plan for the City of Wilmington." 3. In May 2008, the NCDOT approved the Kerr Road Widening, a $25 million project, which is referred to as U -3338. 4. The City adopted the A6 Neighborhood Traffic Management Plan in 2008. 5. On April 7, 2009, City Council amended the Gingerwood Collector Street Plan to include the relocation of Hunters Trail Extension and the extension of Ringo Drive. See Exhibit B and map in Figure 1 on the following page. 6 As a means to complete the overall transportation network and to mitigate transportation congestion and safety problems, on September 1, 2015, the City condemned certain real property to accommodate the future construction of the Ringo Drive Extension. See City Resolution in Exhibit C. As stated in the City's resolution, the condemnation action "...is being taken for the public purpose and benefit of opening and extending roads and streets. The condemnation of the property is necessary to further the completion of the Gingerwood Collector Street Plan which will permit the effective management of traffic flow by providing interconnected street networks. It will also alleviate significant increased traffic on the adjacent roadways of Hunters Trail, Lennon Drive, and Ringo Drive. " If the subject rezoning application were approved without a requirement to include the Hunters Trail Extension, the community would lose the public safety benefits associated with 20+ years of coordinated planning efforts. Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 6 HISTORY OF HUNTERS TRAIL EXTENSION EXHIBIT A (Page 2 of 3) The construction of the Hunters Trail Extension is required for public safety reasons, including (a) reducing incremental traffic on the already overburdened Market Street, (b) providing access for emergency service vehicles, and (c) capitalizing on the massive public investment in the Kerr Road Widening Project. It is important to note that Council's decision in April 2009 to reconfigure the western extension of Hunters Trail was based on recommendations from the NCDOT and WMPO, which concluded that the western extension of Hunters Trail would disperse traffic away from Market Street and distribute that traffic to a widened and reconstructed Kerr Avenue. The NCDOT and WMPO concluded a westward extension of Hunters Trail would result in a tremendous public safety benefit and capitalize on the massive taxpayer investment in the Kerr Avenue Widening. FIGURE 1 CITY COLLECTOR STREETS APPROVED BY COUNCIL ON APRIL 7, 2009 _ PRIVATE GwENTREE RD MA L74 L MAHETINKING HER IUNG JR �-� - HUNTERS TRL LITC:HFIELO WAY _ . C Gt ��- I lCSyySS�N PRIVATE ._ r< I-- FAIRLAWN DR `1 'r Approved Road Extensions Hunters Trail and° s Ringo Drive Extension N GA �p !, RoundaboutT Upon the completion of the western extension of Hunters Trail, the roadway will connect to Marjoram Way, the service road recently completed by NCDOT. Traffic on Marjoram Way will distribute to Kerr Avenue via New Centre Drive. See Figure 2 on the following page. Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 7 Future Overpass at Martin Luther Ki Jr. Parkway NCDOT Traffic Signal HISTORY OF HUNTERS TRAIL EXTENSION EXHIBIT (Page 3 of 3) FIGURE 2 Service Road — Marjoram Way •� +..Bridps horn COlumh Dns • Hunters Trail Extension by Applicant. The subject rezoning action should include a requirement to extend Hunters Trail to Marjoram Way over the following three (3) parcels owned by the Applicant: 804900 -001- 001 -000; R04907- 003 - 004 -000; R04907- 003 - 005 -000. The green line in Figure 3 depicts the westward extension of Hunters Trail to Marjoram Way over the Raines property. The portion of the Hunters Trail Extension depicted in yellow will be completed by State Street. FIGURE 3 Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 8 CITY ORDINANCE DATED 04/07/2009 City Council Re s o lut on „� � City of Wilmington Ill ��. North Carolina F= Introduced By: Sterling B. Cheatham, City Manager Date: 04/07/2009 Resolution Amending the A -6 Neighborhood Traffic Management Plan and Gingerwood Collector Street Plan LEGISLATIVE INTENT /PURPOSE: State Street Companies requests modifications to the A -6 Neighborhood Traffic Management flan and Gingerwood Collector Street Plan for the re- location of Hunter's Trail and extension of Ringo Drive. State Street Companies currently owns property at 5016 Hunters Trail. The A -6 Neighborhood Traffic Management and Gingerwood Collector Street Plans identify Hunter's Trail terminating at New Center Drive near the intersection of Columb Drive. State Street Companies proposal would terminate Hunter's Trail closer to the intersection of Kerr Avenue. The A -6 Neighborhood Traffic Management Plan was adopted by the Wilmington City Council on May 20, 2008. This plan provides recommendations for near -term solutions (speed limit reductions and pavement markings) and long -range solutions (chokers, roundabouts and impellers) in the Azalea Trace, Barclay Hills, Brassfield, Cape Cottages, Colony Woods, Cornerstone, Fairlawn, Hunters Crossing, Hunting Ridge, McClelland Estates, McClelland Townhomes, McClelland Woods and Yester Oaks neighborhoods. On May 1, 1990 the Wilmington City Council approved the "Collector Street Plan for the City Of Wilmington" that stresses the hierarchical pattern from local through thoroughfare that will promote the efficient flow of traffic and discourage through - traffic in residential subdivisions. The Gingerwood Subdivision Collector Street Plan evolved from this planning effort and includes the area bound by Market Street, Kerr Avenue and the Martin Luther King, Jr. Parkway. THEREFORE, BE IT RESOLVED: THAT, the Wilmington City Council hereby amends the A -6 Neighborhood Traffic Management Plan and Gingerwood Collector Street Plan to include the re- location of Hunter's Trail and extension of Ringo Drive. Bill Saffo, Mayor Adopted at a regular meeting on April 7 2009. ST: City, Clerk # 1 r Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 9 EXHIBIT B (Page 1 of 2) CITY ORDINANCE DATED 04/07/2009 EXHIBIT (Page 2 of 2) w PRIVATE -- _ GREENTREE RD a _. - - -- -- - - - -- _ -- MARTIN LUTHER KING JR KING JR PKY -- —J MARTIN LUTHER HUNTERS TRL �CkFIELD WAY oy o� \ 0 U� ? X s m a FO O r ° o° 2 ° o z nnnn T � o fl o FAIRLAVV i — n�°n °0° nnc�noo Proposed Road Extensions o �� Proposed Hunters Trail m V! — and Ringo Drive Extension • Proposed Roundabout A _ T T77777-7 Crty NVnimingim.0ie iryoytan50 /t+niryiproposeanuntvamgo � � \ _ -_ R4-3 Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 10 CITY RESOLUTION DATED 09/01/2015 9/1/2015 City Council City Hall Wilmington, North Carolina 28401 Dear Mayor and Councilmembers: ITEM 05a CITY of WILMINGTON North Carolina P.O. BOX 1810 OFFICE OF THE CITY MANAGER 28402 FAX(9100)941 -5839 TDD (910)341 -7873 Attached for your consideration is a resolution authorizing the filing of a condemnation action of 4709 New Centre Drive, Wilmington, North Carolina. This resolution is followed by an accompanying ordinance making supplemental appropriation to the Capital Project Fund, Neighborhood Traffic Management project in the amount of $352,500 from the General Fund unassigned fund balance. N.C.G.S. §40A- 3(b)(1) authorizes cities to acquire by condemnation, any rights -of -way for opening, widening, extending, or improving roads, streets, alleys, and sidewalks. N.C.G.S. § 136- 66.2(b4) authorizes cities to develop collector street plans to assist in developing the roadway network. N.C.G.S. §160A -296 authorizes cities to establish and control public streets and the City seeks to promote efficient traffic flow through various means, including but not limited to interconnected street networks. In 1987, City Council adopted a Collector Street Plan for the Gingerwood Subdivision and on May 1, 1990, approved the "Collector Street Plan for the City of Wilmington." On August 19, 1997, City Council approved the Gingerwood Collector Street Plan dated June 6, 1997, except for the proposed collector street connecting Hunter's Trail to the Ringo Drive extension at the intersection with the extension of New Centre Drive. On April 7, 2009, the City amended the Gingerwood Collector Street Plan to include the relocation of Hunter's Trail and the extension of Ringo Drive and to date, the Gingerwood Collector Street Plan has not been completed and it would be in the best interest for the health, safety, and welfare of the public for the plan to be completed. The herein described property is being taken pursuant to the authority contained in §40A- 3(b)(1), N.C.G. S. § 136- 66.2(b4), and N. C.G. S. § 160A -296 and is being taken for the public purpose and benefit of opening and extending roads and streets. The condemnation of the property is necessary to further the completion of the Gingerwood Collector Street Plan which will permit the effective management of traffic flow by providing interconnected street networks. It will also alleviate significant increased traffic on the adjacent roadways of Hunter's Trail, Lennon Drive, and Ringo Drive. 05a -1 Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 11 EXHIBIT C (Page 1 of 4) CITY RESOLUTION DATED 09/01/2015 EXHIBIT (Page 2 of 4) The project requires that the City obtain the following property: • Address - 4709 New Centre Drive • Parcel ID - R04900- 001 - 019 -000 • Owner - Centro Heritage New Centre, LLC (now Brixmore New Centre, LLC) If the Council adopts this Resolution, the City is required to give thirty (30) days notice to the affected property owner, and any other persons or entities having an "interest" in the property, of the intent to file the condemnation action. At the end of the thirty (30) day notice period, the City can file the condemnation action and deposit an estimate of just compensation with the New Hanover County Superior Court. Upon filing the action and making the deposit, the City will be authorized to access the property for construction. Approval of the resolution is aligned with City Council Focus Areas of Supporting Efficient Transportation Systems and Providing Sustainability and Adaptability. Passage of the attached Resolution and Ordinance is recommended. Respectfully submitted, Sterling B. Cheatham, City Manager Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 12 05a -2 CITY RESOLUTION DATED 09/01/2015 x City Council Resolution City of Wilmington ss North Carolina Introduced By: Sterling B. Cheatham, City Manager Date: 9/1/2015 Resolution Authorizing Filing of a Condemnation Action for the Acquisition of Property to Further Completion of the Gingerwood Collector Street Plan and as shown in Deed Book 5103 at Page 2884 of the New Hanover County Registry, NC LEGISLATIVE INTENT/PURPOSE: The City of Wilmington is authorized by Section 1.4 of the City Charter and N.C. G S. § 160A -296 to establish and control public streets and the City seeks to promote efficient traffic flow through various means, including but not limited to interconnected street networks. N.C.G. S. § 136- 66.2(b4) authorizes cities to develop collector street plans to assist in developing the roadway network. N.C.G. S. §40A- 3(b)(1) grants to the City, the power of eminent domain and the right to acquire by condemnation, any property for opening, widening, extending, or improving roads, streets, alleys, and sidewalks. The project involves the condemnation of the property necessary to further completion of construction of the Gingerwood Connector Street Plan which will permit the effective management of traffic flow by providing interconnected street networks. It will also alleviate significant increased traffic on the adjacent roadways of Hunter's Trail, Lennon Drive, and Ringo Drive and will serve a public purpose and will benefit the health, safety, and welfare of the public. The project requires that the City obtain the following property: • Address - 4709 New Centre Drive • Parcel ID - R04900 -001- 019 -000 • Owner - Centro Heritage New Centre, LLC (now Brixmore New Centre, LLC) • Deed Book 5103, Page 2884 The Wilmington City Council hereby determines that it is necessary and in the public interest and benefit to acquire the real property as shown in Deed Book 5103, Page 2884 of the New Hanover County Registry, NC for a public purpose and will benefit the health, safety, and welfare of the public by establishing and controlling public streets and promoting efficient traffic flow through various means, including but not limited to interconnected street networks. THEREFORE, BE IT RESOLVED: 1. THAT the City of Wilmington shall acquire by condemnation, for the purposes stated herein, the property shown as: 05a -3 Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 13 EXHIBIT C (Page 3 of 4) CITY RESOLUTION DATED 09/01/2015 EXHIBIT (Page 4 of 4) • Address - 4709 New Centre Drive • Parcel ID - R04900- 001 - 019 -000 • Owner - Centro Heritage New Centre, LLC (now Brixmore New Centre, LLC) • Deed Book 5103, Page 2884 2. THAT the City Attorney is hereby directed and authorized to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property. 3. THAT the City Manager and City Attorney are hereby authorized to obtain necessary appraisals, title opinions and surveys and to make all necessary deposits of the estimated fair market value required for fling the condemnation action. 4. THAT the City Manager and City Attorney are hereby authorized to execute all documents necessary to effectuate the condemnation. 5. THAT a supplemental appropriation ordinance must be approved to cover these costs. Adopted at a meeting on 2015 Bill Saffo, Mayor ATTEST: APPROVED AS TO FORM: Penelope Spicer- Sidbury, City Clerk City Attorney 05a -4 Board of Commissioners - February 1, 2021 ITEM: 6 - 11 - 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/1/2021 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler and Rebekah Roth, Interim Planning and Land Use Director SUBJECT: Quasi - Judicial Hearing Special Use Permit Request (S20 -04) — Request by Design Solutions on Behalf of Property Owners, William S. and Tara S. Hackney, and Proclaim Holdings, LLC, for a Special Use Permit for a Live /Work Unit Within the (CZD) CB, Conditional Community Business District, Associated with Rezoning Request Z20 -21, Located at 813 and 817 Piner Road BRIEF SUMMARY: This item was continued from the January 19, 2021 meeting. The applicant is seeking a Special Use Permit for a live /work or caretaker unit associated with a landscape contracting business located at 813 & 817 Piner Road. This application is for the same property that the applicant is also proposing to rezone to a conditional CB district (Z20 -21). Dwelling units are not permitted in the proposed CB district unless they are used as a live /work or caretaker unit and also obtain a Special Use Permit. The subject property already contains one dwelling unit that the applicant is proposing to use for the live /work or caretaker unit. Currently, the dwelling is considered to be a legal nonconformity and can be continued to be occupied provided use of the structure as a dwelling is not discontinued for a period of 180 consecutive days. The Unified Development Ordinance (UDO) contains specific standards for Live /Work or Caretaker Units. The dwelling must be occupied by a person engaged in the principal use or their family members residing with them. Open space equal to size of the dwelling must be provided on the site, and the dwelling cannot be more than 50 percent of the total floor area of the principal use. The dwelling unit that will be used as the live /work unit is already located on the site. Therefore, it is estimated that there will be no change in the trips generated from this site with this proposal. The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic I mpact Analysis (TIA). An existing single - family dwelling is currently located and occupied on the site and approval of the SU P would remove the dwelling's nonconforming status and allow for minor expansions in accordance with the standards of the U DO. The 2016 Comprehensive Plan classifies the site as General Residential. The purpose of the this classification is to provide opportunities for lower density housing and supportive commercial, civic, and recreational development. The Planning Board considered this application at their November 5, 2020 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to, the proposal. The Planning Board recommended approval of the Board of Commissioners - February 1, 2021 ITEM: 7 application (4 -0). RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - February 1, 2021 ITEM: 7 SCRIPT for SPECIAL USE PERMIT Application (S20 -04) Request by Design Solutions on behalf of property owners, William S. and Tara S. Hackney, and Proclaim Holdings, LLC, for a Special Use Permit for a Live /Work Unit within the (CZD) CB, Conditional Community Business District, associated with Rezoning Request Z20 -21, located at 813 and 817 Piner Road. 1. Swear witnesses: Announce that "the Special Use Permit process requires a quasi - judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you." 2. This is a quasi - judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 4. Close the hearing 5. Board discussion b. Ask Applicant whether he /she agrees with staff findings. 7. Vote on the Special Use Permit application. ElMotion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) ElMotion to deny the permit because the Board cannot find: ® a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: ® b. That the use meets all required condition and specifications: F1c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: Board of Commissioners - February 1, 2021 ITEM: 7 - 1 - 1 d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the application does not meet and include reasons to why it is not being met] STAFF REPORT FOR S20 -04 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S20 -04 Request: Special Use Permit for a live /work or caretaker unit Applicant: Property Owner(s): Cindee Wolf — Design Solutions William S. Hackney, Tara S. Hackney, and Myrtle Grove Middle School Proclaim Holdings, LLC Location: Acreage: 813 & 817 Piner Road 3.28 PID(s): Comp Plan Place Type: R07600- 002 - 190 -000; R07600- 002 - 020 -000 General Residential Existing Land Use: Proposed Land Use: Office /Recreation Live /Work or Caretaker Unit Current Zoning: Proposed Zoning: (CUD) 0&1 (CZD) CB - pending rezoning application Z20-27 B -2 CZD RMF -M Subject Site m r z CUD O &1 F O l J R -15 U GRISS®M�� R -10 CUD B -2 IVew Hanover county, IV6 SURROUNDING AREA LAND USE ZONING North Undeveloped, Myrtle Grove Middle R -15 East Myrtle Grove Middle School R -15 South Single Family Residential, Kaylies Cove Subdivision, Myrtle Grove Presbyterian Church R -15 West Single Family Residential, Highgrove Estates R -15 S20 -04 Staff Report PB 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 1 Page 1 of 12 ZONING HISTORY Water /Sewer April 7, 1971 The site was initially zoned R -15 (Area 4) March 10, 1997 Rezoned to (CUD) 0&1 with a special use permit for a real estate office March 9, 1998 (CUD) 0&1 district/SUP modified to allow for general and professional District, New Hanover County Station Myrtle Grove offices October 7, 2002 (CUD) 0&1 district/SUP modified to allow for expansion of the existing Myrtle Grove Athletic Complex structures and to permit an indoor /outdoor recreation establishment. COMMUNITY SERVICES Water /Sewer water and sewer (via force main connection) available through CFPUA. Historic Existing buildings served by CFPUA water and private septic systems. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools Bellamy Elementary, Myrtle Grove Middle, and Ashley High schools Recreation Myrtle Grove Athletic Complex CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources S20 -04 Staff Report PB 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 2 Page 2 of 12 APPLICANT'S PROPOSED CONCEPTUAL PLAN Subject Site i ;' 1 1 f' } Proposed Structure {: (Z20 -21 r Existing Dwelling and r � Proposed ' `r Live /Work or Caretaker Unifi ar j Myrtle Grove Existing Structures Middle School a. -A P7�e� W Proposed Conceptual Plan • Currently, the subject property contains two office buildings and one dwelling unit. The applicant has applied for a separate rezoning application (Z20 -21) that would allow the for the expansion of a landscape contracting business on the site. • The applicant is proposing to use the existing house on the site for a live /work or caretaker unit for the landscape business. Currently, the dwelling is considered to be a legal nonconformity and can be continued to be occupied provided use of the structure as a dwelling is not discontinued for a period of 180 consecutive days. • Dwelling units are not permitted in the proposed CB district that the applicant is seeking to rezone the property unless they are used as a live /work or caretaker unit and also obtain a Special Use Permit. • The dwelling is located in the center of the site, is 864 square feet in living space, and two stories (25 feet) in height. • Two parking spaces and 1,200 square feet of open space have been provided for the dwelling unit in accordance with the zoning requirements for live /work units. New / 11 Gavel 'give f \ fl I ca�et,t�r U�, Ppen =pace /f f 200 .t._ � ll Existing l+ waaae:A 6G4 s.f.± Existing Area I 30" _ }i H,dwa 2esidence Dwelling and ll Special Use Proposed ti f Permit �nclud +�7 11 i Live/Work or v° °r Caretaker 'y"` _� I habitation. Ex. 1\ unit Gravel f j Parking 1lardkd ' j Ex. Gravel / 19 \ \ f !! Dove Hoag ndwd 'Nci / / � ystem / �+.! r i�fitraton S20 -04 Staff Report PB 2.1.2021 Page 3 of 12 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 3 ZONING CONSIDERATIONS • The Unified Development Ordinance (UDO) contains specific standards for Live /Work or Caretaker Units. The dwelling must be occupied by a person engaged in the principal use or their family members residing with them. Open space equal to size of the dwelling must be provided on the site, and the dwelling cannot be more than 50 percent of the total floor area of the principal use. • The proposed site plan complies with the technical standards for the use in the UDO. AREA SUBDIVISIONS UNDER DEVELOPMENT S20 -04 Staff Report PB 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 4 Page 4 of 12 TRANSPORTATION • The site is accessed by Piner Road, an NCDOT- maintained minor arterial road. The site is approximately one half mile from both the Carolina Beach Road/S. College Road intersection and the Myrtle Grove Road intersection. • The dwelling unit that will be used as the live /work unit is already located on the site. Therefore, it is estimated that there will be no change in the trips generated from this site with this proposal. The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Because a TIA is not required to analyze transportation impacts for proposal generating less than 100 peak hour trips, staff has provided the volume to capacity ratio for Piner Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Piner Road 800 Block 17,500 19,604 0.89 S20 -04 Staff Report PB 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 5 Page 5 of 12 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Undcr Rcvicw Under Draft six fi i Ne •- .~ . rl� � it �, i...ns -•��, IK • _ w Nearbv NC STIP Proiects: NOW ii..- e S20 -04 Kaylles Cove ag Y TIA Approved Cl,- Tca rin Woods II Y` TIA Approved: k ,g • STIP Project U -5790 • Project to convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection and widen a portion of Carolina Beach Road south of that intersection. Continuous flow intersections permit more efficient travel movements and help alleviate congestion by allowing more of the main street's traffic to move through the intersection. Based on the preliminary plans, Piner Road will consist of the same lane configuration with slight realignment of the roadway and the westbound right turn lane to S. College Road. The project is currently on hold at this time. S20 -04 Staff Report PB 2.1.2021 Page 6 of 12 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 6 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 Land Use /Intensity TIA Status 2. Kaylies Cove • 21 9Single- Family Homes • Addendum approved March 1. Tarin Woods II 26, 2020 The TIA required improvements be completed at certain intersections in the area. The notable . 458 Townhomes • 2020 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a northbound leftover/U-turn on Carolina Beach Road at the Harris Teeter driveway (required to be installed during the development of Phase 2A). • Installation of a second westbound right turn lane on Manassas Drive at Carolina Beach Road. • Includes additional point of egress to Carolina Beach Road Nearby Proposed Developments included within the TIA: • Beau Rivage Update • Beau Rivage Townhomes Development Status: The total number of units studied by the TIA was based on a proposed rezoning of the development that was denied by the Board of Commissioners in June. The development currently has approval for 189 lots, 175 of which have been platted. The current required roadway improvements (northbound leftover /U -turn on Carolina Beach Road at Harris Teeter) have not been completed at this time. 520 -04 Staff Report PB 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 7 Page 7 of 12 • Approved February 20, 2. Kaylies Cove • 1 10 Single - Family Homes 2018 • 2019 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a eastbound right turn lane and westbound left turn lane on Piner Road at the site's access. Nearby Proposed Developments included within the TIA: • None Development Status: Homes under construction. 110 lots have been platted at this time, and both turn lanes have been installed. 520 -04 Staff Report PB 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 7 Page 7 of 12 3. Trinity Landing • 220 senior adult housing • Approved June 23, 2017 dwelling units and amenities • 2020 Build Out Date The TIA required improvements be completed at certain intersections in the area. The major improvements consisted of: • Installation of a northbound right turn lane on Masonboro Loop Road at the site's access. Nearby Proposed Developments included within the TIA: • None Development Status: The development is currently under construction. The roadway improvement has not been installed at this time. ENVIRONMENTAL • The property is not within a Flood Hazard Area. • The property does not contain any Natural Heritage Areas. • The property is within the Mott Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitations). However, CFPUA sewer is available through a force main connection. OTHER CONSIDERATIONS Context and Compatibility • An existing single - family dwelling is currently located and occupied on the site. • Approval of the SUP would remove the dwelling's nonconforming status and allow for minor expansions in accordance with the standards of the UDO. • It is estimated there will be no increase in traffic if the existing dwelling is allowed to be used as a Live /Work unit. S20 -04 Staff Report PB 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 8 Page 8 of 12 Existing Dwelling Located on the Property S20 -04 Staff Report PB 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 9 Page 9 of 12 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. Place Types ' �, - Monkey Junction Growth Node Subject Site U URBAN P� , GENERAL MIXED USE 1 MFR +/� RESIDENTIAL/ LU New Hanover County, NC Future Land Use Map Place Type General Residential Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description 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 intent of the General Residential place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. While not specifically addressed by the Analysis Comprehensive Plan, the proposed live /work or caretaker unit is in line with the residential uses and low to moderate densities recommended for General Residential areas. 520 -04 Staff Report PB 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 10 Page 10 of 12 STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water currently provided by CFPUA, and wastewater is treated by a private septic system. Sewer service is available through CFPUA with a force main connection. B. The site will be accessed from Piner Road, an NCDOT- maintained Minor Arterial based on the WMPO Functional Classification Map. C. The dwelling that will be used as the live /work unit is already located and occupied on the site. D. It is estimated that allowing the existing dwelling to be used as a live /work unit will not increase the traffic generated from the site. E. The subject property is located in the New Hanover County Southern Fire Service District. F. The site is not located within the Special Flood Hazard Area. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. The site is zoned (CZD) CB, Conditional Community Business District. (pending rezoning application Z20 -2 7 ) B. Live /Work or Caretaker Units are an allowed use by Special Use Permit in the CB zoning district. C. Section 4.3.2.A.7 of the Unified Development Ordinance (UDO) sets forth specific use standards for Live /Work or Caretaker Units. Compliance with the applicable standards is shown on the conceptual plan. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The surrounding area contains institutional uses, offices, and single - family dwellings. B. Bufferyards must be provided between the development and adjacent properties. C. The dwelling that will be used as the live /work unit is already located and occupied on the site. D. To date, no evidence has been provided to show that the proposed development will substantially injure the value of adjoining or abutting property. S20 -04 Staff Report PB 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 7 - 2 - 11 Page 11 of 12 Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The property is located in the General Residential place type as classified in the 2016 Comprehensive Plan. B. The proposed live /work or caretaker unit is in line with the residential uses and low to moderate densities recommended for General Residential areas. Suggested Conditions No conditions proposed. PLANNING BOARD ACTION The Planning Board considered this application at their November 5, 2020 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to, the proposal. The Planning Board recommended approval of the application (4 -0). EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1 . Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] S20 -04 Staff Report PB 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 7 -2-12 Page 12 of 12 '. Case: S20 -04 .ii Site Address: Existing Zoning/Use: Proposed Use 813 & 817 CUD 0&1/ Live Work Unit/ Piner Rd Office Caretaker a &i�a Subject Site R -15 Feet Y v CUD D &I. Priva R -1 Zoning Districts B -1 R -5 EDZD CB R -7 PD B -2 rAR R -10 RMF -X CS R -15 RMFU 5C R -20 UMXZ o &I JtR-20S Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 55.1 of the Zoning Ordinance Incorporated Areas jSHOD Case: Site Address: Existing Zoning/Use: S20 -04 813 & 817 CUD O &I/ Piner Rd Office IN. 731 0.4 IX 600 Feet Subject Site Proposed Use Live Work Unit/ Caretaker GENERAL_ RESIDENTIAL Priva Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Site Address: S20 -04 813 & 817 Piner Rd Existing Zoning/Use: CUD 0&1/ Office Proposed Use Live Work Unit/ Caretaker N R -15 R -10 •5733 5740 •573 / • 0 &1 /� 712 574. • 5741 �r//r'A�/IJJf ' 5748 5745/ &I Sit 5755 5755 • • 57551 5755 5752 5749! p�NF RRp 574+ e 5755 \a4 4- Q • • I Subject Site 57655757 65 5750 • 5760 5756 5753 X5760 **5760 5760 I 5760 • 5757 ��c s pj 5764 dOlt, . * R0 5761 • I �¢ C /5768 • 735 5765 '• 805 ar a y � • 817 • 901 Q p C' 801 • � a 813 0 800 ay • 814 I � • 806 / •904 • 9o1 * � 02 i 08 15 ' 919 23 95,6 812 •912 .15609 •5605 �, • 906 920 • m • 5622924 • ¢, x a� Grissom a� 921 c 600 • �Qe\`�x Feet ❑ N&JMfl3lrRrgi +�Lo 20 APPLICANT MATERIALS Board of Commissioners - February 1, 2021 ITEM: 7 - 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 i 0) 798 -7053 plan ningdevelopment.n hcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit 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 10.3.5 of the Unified Development Ordinance. *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant /Agent Name Owner Name (if different from Applicant /Agent) CINDEE WOLF PROCLAIM HOLDINGS, L.L.C. Company 1 Company /Owner Name 2 DESIGN SOLUTIONS Address Address PO BOX 7221 PO BOX 15447 City, State, Zip City, State, Zip WILMINGTON, NC 28406 WILMINGTON, NC 28408 Phone Phone 910 - 620 -2374 910 - 795 -4143 (SPENSE HACKNEY) Email Email CWOLF @LOBODEMAR.BIZ SPENCE @PROCLAIMINTERACTIVE.COM i 2. Subject Property Information Address /Location Parcel Identification Number(s) 813 & 817 PINER ROAD 313415.72.1770 & 313415.72.2956 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3.78 AC. (CZD) CB (PROPOSED) GENERAL RESIDENTIAL Applicant Tracking Information (This section completed by staff) Case Number. Date /Time Received. Received by- _ 3r 3. M Page 1 of 6 Board of Commissioners - Febr6pr9cN1AftZ1Permit Application — Updated 02 -2020 ITEM: 7 - 7 - 1 3. Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). THERE IS AN EXISTING RESIDENCE ON THE PROPERTY. THE PETITIONER SEEKS TO ALLOW IT TO BE USED AS A "LIVE -WORK OR CARETAKER UNIT' WHICH REEQUIRES A SPECIAL USE PERMIT. 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning 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 included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. REFERENCE THE SITE PLAN FOR LAYOUT AND DETAILS OF THE RESIDENCE. ADDITIONALLY, ALL OF THE PRESCRIBED CONDITIONS OF THE UNIFIED DEVELOPMENT ORDINANCE HAVE BEEN MET AS DESCRIBED IN SECTION 4.3.2.A.7. 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: SINGLE - TENANT OFFICE BUILDING / 715 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 1600 S.F. GFA AM Peak Hour Trips:4 I PM Peak Hour Trips: 3 I Board of Commissioners - February 1, 2021 Page 2 of b ITEM: 7 - 7 - 2 Special Use Permit Application — Updated 02 -2020 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations. • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; • Soil erosion and sedimentation; • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or • Anticipated air discharges, including possible adverse effects on air quality. THE PROPOSED RESIDENCE IS EXISTING, AND SERVICED BY A PUBLIC WATER SYSTEM AND A PRIVATE SEPTIC SYSTEM. ITS ACCESS IS FROM THE SAME DRIVEWAY FOR THE PRIMARY OFFICE USE, AND ADDITIONAL PARKING SPACES ARE AVAILABLE IMMEDIATELY ADJACENT TO THE HOME. ALLOWING THE OWNER OR A FULL -TIME EMPLOYEE OF THE BUSINESS TO RESIDE ON THE PROPERTY PROVIDES SECURITY FOR THE PREMISES AND THE COMPANY VEHICLES THAT ARE PARKED OVERNIGHT AND WEEKENDS. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. A "LIVE /WORK OR CARETAKER UNIT" IS PERMITTED BY PRESCRIBED CONDITIONS IN SECTION 4.3.2.A.7 OF THE UDO. ALL OF THOSE CRITERIA ARE SATISFIED. Board of Commissioners - February 1, 2021 Page 3 of 6 ITEM: 7 - 7 - 3 Special Use Permit Application — Updated 02 -2020 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations. • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. THE HOUSE THAT IS TO BE USED FOR THE "LIVE / WORK OR CARETAKER" RESIDENCE IS EXISTING. IT IS LOCATED ON THE PORTION OF THE TRACT CLOSEST TO THE MYRTLE GROVE SCHOOL. THERE HAS BEEN NO EVIDIENCE THAT IT HAS HAD AN ADVERSE IMPACT TO ANY OTHER ADJACENT PROPERTIES. APPROVAL OF THE ASSOCIATED CONDITIONAL ZONING DISTRICT CHANGE TO ALLOW THE CONTRACTOR OFFICE WILL INCLUDE UPGRADE OF LANDSCAPING. EXISTING BUFFERYARDS WILL BE VERIFIED FOR THEIR SUFFICIENCY, OR SUPPLEMENTED TO ASSURE THAT THE USE IS VISUALLY SCREENED. 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations. • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. THE TRACT IS IDENTIFIED I THE COMPREHANSIVE LAND USE PLAN AS A "GENERAL RESIDNETIAL PLACE -TYPE. LOWER- DENSITY COMMERICLA USES, SUCH AS OFFICES, ARE ACCEPTABLE, AND HAVING AN ON -SITE RESIDENCE PROMOTES MIXED -USE STRATEGIES THAT REDUCE VEHICULAR TRAFFIC AND MAXIMIZE LAND USE EFFICIENCY. Board of Commissioners - February 1, 2021 Page 4 of b ITEM: 7 - 7 - 4 Special Use Permit Application — Updated 02 -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. Applicant Application Checklist Initial Staff Initial ❑ This application form, completed and signed CAW ❑ Application fee: • $500; $250 if application pertains to a residential use (i.e. mobile home, duplex, family child care home). CAW 5 ❑ Traffic Impact Analysis (if applicable) N/A )JA ❑ Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements • For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and /or subdivided boundaries. • 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 • The approximate location of US Army Corps of Engineers Clean Water Act Section 404 wetlands, Rivers and Harbors Act Section 10 wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. • Location, species, and size (DBH) of regulated, significant, or specimen 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 Federal or State law or local ordinance. • Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) CAW (� ❑ Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use N/A 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. CAW S ❑ One (1) digital PDF copy of ALL documents AND plans CAW Page 5 of 6 Board of Commissioners - FebrG ;pgci'4l8.021Permit Application — Updated 02 -2020 ITEM: 7 - 7 - 5 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. 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 autliorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Act on my df without limitations with regard to any and all things directly or indirectly connected with or arising out of thisiraonlic6tion. ;g '�� - -- WILLIAM SPENCER HACKNEY, 11 S) Print Name(s) DESIGN SOLUTIONS / CINDEE WOLF re of Applicant /Agent Print Name I-,. Note: This form must be signed by the owncr(s) of record. If there are multiple property owners, a signature is required for each owner of record. The land owner or their attorney must be present For the application at the public hearings 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. Applicant Tracking Information (This section completed by staff) Application Completeness Determination Deferrninaifoa Performed on Planning Board Received: Required by (date): (date). Meeting: �4 $ 2°j�D (0/1 S 2oz.° j t/ K zZo 1 1/57/Z,67, I Page 6 of 6 Board of Commissioners - Febr §Wigl, 3p1Permit Application ._. Updated 02 -2020 ITEM: 7 - 7 - 6 Legal Description for Conditional Zoning District At 813 & 817 Piner Road Beginning at a point in the northern boundary of Piner Road (S.R. 1521), a sixty -foot (60') public right -of -way; said point being located at the southwestern corner of the Myrtle Grove School; and running thence: North 56 051'17" West, 209.83 feet along the said right -of -way to a point; thence North 20 044'46" East, 693.99 feet to a point; thence South 58 008'48" East, 208.90 feet to a point; thence South 20 045'00" West, 698.80 feet to the point and place of beginning, containing 3.28 acres, more or less. Board of Commissioners - February 1, 2021 ITEM: 7 - 7 - 7 I NOTES: NO NCGS MONUMENTS FOUND WITHIN 2000 FT. THIS SURVEY IS A RECOMBINATION OF EXISTING PARCELS, A COURT — ORDERED- SURVEY OR OTHER EXCEPTION TO THE DEFINITION 'OF SUBDIVISION. w L P YNEi' r rrruit►ti►�� . [SAP NOT SUBJECT TO NEW COUNTY $UBflIVES1 , -O�A �: DATE 60 30 0 60 120 GRAPHIC SCALE AREA BY COORDINATE COMPUTATION N 24'01'30" E 3.73 TIE —LINE EIP ONLY C N /F 01 FRANCIS SMITH <o DB 351, PG 462 4u CONTROL CORNER 0 83696.79 SQ. Fr. 1.92 ACRES PREVIOUS ACREAGE REF DB 4852, PG 28B 2.51 ACRES RECOMBINED ACREAGE ( �o NS TIE —LINE cQj% ONLY i i ERB �.69•y o/d l /ne 2S , E Qa� O be _2p4 a 96 bandOnea � r 0, CV RBS /� 1 g$ '�N- 3 s? N 'IP DISTURBED N /F NEW HANOVER COUNTY BOARD OF EDUCATION DB 1330, PG 137 I -r EIP CONTROL o I CORNER N/F NEW HANOVER COUNTY BOARD OF EDUCATION DB 1330, PG 137 30' ACCESS EASEMENT PER DB 4852, PG 258 5 69. 191 c 1 TO BE ABANDONED 30' ACCESS EASEMENT 9•y9, /au � 6 to- PER DB 4852, PG 258 2 E U `� TERMINATE TO REMAN AT REAR LANE OF NEW LOT 1 59042.84 SQ. Fr. / !1 \S 15 21 W 1.36 ACRES PREVIOUS ACREAGE / U RBS 192'56 6 REF DB 4852, PG 288 / TIE —LINE o 0.77 ACRES RECOMBINED ACREAGE / / ONLY \� 1 ERB PP / �NS �N 29'34'43" E 120.48 \ 209 / // TIE --LINE X60, 83 \• / ONLY PP REFERENCES: LEGEND: ,J ERB \ DB 4852 PG 288 EIP = EXISTING IRON PIPE \ ERB = EXISTING REBAR \ \ NS = NAIL SET \ OHPL = OVERHEAD POWER LINE \ \ I, Gary W. Keyes, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed descripti% corded in Book____, Page____, or other source as noted); that the boundaries not surveyed are clearly indicated CA, ! rrrr��i�4 as drawn from information f0llIId III B k ,Page (or Other s011i7Ce a>3 noted); that the ratio Of precision as calculated is l : ; that this plat was prepared in accordance with G.S. 47 -30 as amended. �! Witness my original signature, registration number and seal this 1�5 day of VS(— , A.D., 20,�4. L-4381 urveyor Registration # 60b1.,1( Ogar o s'SfiJnary 1, 2021. M .. 7 -7 -8 n►Surver... Garb W. Kgc5 Land 5urve4inq, Kc, NC Firm # C -4066 7336 Perdell load Wilminc hm, NC 25411 ( 910) 228 4773 L- g65surveuinq @gmail,com ...Because of Christ" DB 351, PG 462 DB 1330, PG 137 DB 5818, PG 135 N c� N LO M 0 0 z 0 w w 0 0 0 i I (WE) DO CERTIFY THAT I (WE) ARE THE OWNER(S) OR ARE AUTHORIZED AGENT(S) OF SAID OWNER(S) AND BY WITNESS OF SIGNATURE BELOW BY OWNER OR AGENT DO HEREBY ADOPT AND ENFORCE THIS /FLAT OF RECOMBINATION. OWNER(S) /AGENT(S) MAP NOT SUBJECT TO NEW HANOVER COUNTY SUBDIVION ORDINANCE. 01-02-15 C . 0• V.Ax fre 6 DATE PLANNING bIRECTOR DATE MAP TIRE: RECOMBINATION MAP FOR: WIWAM SPENCER HACKNEY (Vicinity Map Not to Seale) REPORTED ZONING: 0 & I 4 TOWNSHIP MASONBORO COUNTY NEW HANOVER STATE NC DA'I'S 12/18/14 SCALE 1" = 60, OWNER: WILLIAM SPENCER HACKNEY 212 SPRING RUN DRIVE MOORESVILLE, NC 28115 TRACT 1 & TRACT 2 OF DB 5818, PG 135 STATE OF NORTH CAROLINA COUNTY OFAW "CLV10 05117 STATE OF NORTH CAROLINA COUNTY I, 1-+ Vj Q.t,+er ,Review Officer of 164 gamagorCount,, Filed for Registration at UW 20 11 in certify' that the map r plat to which this certification is affixed meets all the Register of Deeds Office Recorded in Book Page �`Y{reCO�g. A I 1 I ' 2014 �C�Gs qla�- 2ZB -4Z'13 REPORT OF COMMUNITY MEETING NOTIFIACTION BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Freedom Lawns Office / 813 & 817 Piner Road Proposed Zoning: (CUD) 0&1 to (CZD) CB The undersigned hereby certifies that written notice of a project proposal and an exhibit of the site layout for the above proposed zoning application was sent 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 September 15, 2020. The mailing gave the recipients opportunity to contact us with questions or comments via telephone or email. Copies of the written notices and the site layout are attached. The persons responding were: Reference attached list of contacts received from calls or emails, and the associated dialogue. Date: Applicant: By: October 5, 2020 Design Solutions Cindee Wolf Boara ot Commissioners - e ruary 1, ITEM: 7 - 7 - 9 Community Information Freedom Lawns / 813 & 817 Piner Road Name Address Email (Optional) Sean P. Mulligan 1 5756 Highgrove Place I seanpmulligan @gmail.com Cindee Wolf I Project Planner 1cwolf @lobodemar.biz Board of Commissioners - February 1, 2021 ITEM: 7 - 7 - 10 Hi Cindee, I have reviewed the notice re: Freedom Lawns wishing to run their operation at 813 Piner. My main comment is regarding possible noise disturbance from the operation. At what hour in the morning will workers be arriving to load company vehicles and head out. In my experience that will be at an early hour that will be noticeable to the neighborhood. Please establish working hours and "non- noisy" times. Other than that I am OK with this use. Sean P. Mulligan Mobile: 203 - 219 -2212 5756 Highgrove Place seanpmulligan @gmail.com Mr. Mulligan, • Techs (8)- Monday thru Friday 6:45am- 3:15pm • Admin (2)- Monday thru Friday 8am -5pm • Owners(2) There is no activity weekends or holidays. • The only real activity is to fill the tanks — by normal hose - from an on -site well adjacent to the proposed storage building, and hand load the plant -care applications from the proposed new storage building. No machinery like forklifts. • All of those applications are non -toxic substances and considered environmentally "friendly." We appreciate your contact and will include it in the project information report. Please don't hesitate to email again if you have additional questions. Regards, Cindee Thanks, that confirms my concerns of early morning activity disturbing the peace. I know that crews coming and going can be somewhat talkative and vehicle activity (doors and motors) will be heard. Hopefully Freedom will understand and inform their crews to transition as quickly and quietly as possible. Sean P. Mulligan Board of Commissioners - February 1, 2021 ITEM: 7 - 7 - 11 E ❑ El' ❑ ❑ 0 ❑ ❑ 41, -0 ❑ El 0- ;-I-- ❑ 00, El 00 0 000 0 ❑ ❑ --jt- OWNER NAME ATZ MICHAEL J BILL CLARK HOMES OF WILM LLC COE WILLIAM M GAY G COREY DANA H DIX JACKSON DORAZIO JENNIFER J ETAL DUFFY CHRISTOPHER FERRIER CELIA FOXWORTH EDWARD J LISA ANN C GOODWIN FRANK F JR CATHERINE H HATCHER BARTON HUBBARD WILLIAM T KINSEY TIM S CYNTHIA D LANCASTER JOHN R MULLIGAN SEAN TRUSTEE MYRTLE GROVE PRESBYTERIAN NELSON ERIC ETAL NEW HAN CNTY BD OF EDUCATION NORRIS DAVID G BETTY V PEREZ LOPEZ MARK S DEBORAH PHAM NATHAN TUAN PROCLAIM HOLDINGS LLC REAVES RONNIE D ROGERS DUDLEY LINWOOD JR ROWLAND DANIEL RAY ETAL SCHAEFFER FREDERICK E CAROLYN J SMITH FRANCES W HEIRS STEVENS ELIZABETH Q STUTZENBERGER FREDRICH MADISON THOMPSON SARAH WENZ FREDERICK J III WISE JEFFREY B ZHOU BING W ETAL MAILING ADDRESS 25165 REMUS CT 27 RACINE DR STE 201 140 SYLVAN SHORES DR 5764 HIGHGROVE PL 911 DRAYTON CT 5744 HIGHGROVE PL 5752 HIGHGROVE PL 5765 HIGHGROVE PL 5749 HIGHGROVE PL 904 DRAYTON CT 5761 HIGHGROVE PL 5757 HIGHGROVE PL 920 DRAYTON CT PO BOX 307 5756 HIGHGROVE PL 800 PINER RD 5741 HIGHGROVE PL 6410 CAROLINA BEACH RD 4105 BUFFINGTON PL 341 COLLEGE RD S STE 11 5768 HIGHGROVE PL PO BOX 15447 735 PINER RD 5546 PEDEN POINT RD 920 PINER RD 908 DRAYTON CT 805 PINER RD 915 DRAYTON CT 907 DRAYTON CT 5748 HIGHGROVE PL 919 DRAYTON CT 912 DRAYTON CT 916 DRAYTON CT CITY / STATE / ZIP PUNTA GORDA, FL 33983 WILMINGTON, NC 28403 EDGEMONT, AR 72044 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WRIGHTSVILLE BCH, NC 28480 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28403 WILMINGTON, NC 28403 WILMINGTON, NC 28408 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 Board of Commissioners - February 1, 2021 ITEM: 7 -7-13 SITUS ADDRESS 5745 HIGHGROVE PL WILMINGTON 902 PINER RD WILMINGTON 5760 HIGHGROVE PL WILMINGTON 5764 HIGHGROVE PL WILMINGTON 911 DRAYTON CT WILMINGTON 5744 HIGHGROVE PL WILMINGTON 5752 HIGHGROVE PL WILMINGTON 5765 HIGHGROVE PL WILMINGTON 5749 HIGHGROVE PL WILMINGTON 904 DRAYTON CT WILMINGTON 5761 HIGHGROVE PL WILMINGTON 5757 HIGHGROVE PL WILMINGTON 920 DRAYTON CT WILMINGTON 5753 HIGHGROVE PL WILMINGTON 5756 HIGHGROVE PL WILMINGTON 800 PINER RD WILMINGTON 5741 HIGHGROVE PL WILMINGTON 901 PINER RD WILMINGTON 5737 HIGHGROVE PL WILMINGTON 923 DRAYTON CT WILMINGTON 5768 HIGHGROVE PL WILMINGTON 817 PINER RD WILMINGTON 735 PINER RD WILMINGTON 814 PINER RD WILMINGTON 801 PINER RD WILMINGTON 908 DRAYTON CT WILMINGTON 805 PINER RD WILMINGTON 915 DRAYTON CT WILMINGTON 907 DRAYTON CT WILMINGTON 5748 HIGHGROVE PL WILMINGTON 919 DRAYTON CT WILMINGTON 912 DRAYTON CT WILMINGTON 916 DRAYTON CT WILMINGTON Project Information Notice September 15, 2020 To: Adjacent Property Owners Re: Freedom Lawns The owners of Freedom Lawns are interested in purchasing the property at 813 Piner Road and running their business out of the existing office building. The only changes to the site would be elimination of the western driveway, construction of a storage building to the rear of the tract, and overall upgrade of landscaping to current standards. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. A sketch plan of the project layout is enclosed. The County requires that the developer notify the property owners within an adjacency to the project and hold a meeting for any and all interested parties. This is intended to provide neighbors with an opportunity for explanation of the proposal, and for questions to be answered concerning project improvements, benefits, and impacts. Due to the current COVID -19 issue, however, a meeting cannot be held at this time. In lieu of that, you can contact the land planner, Cindee Wolf, with comments or questions at: Telephone: 910 - 620 -2374, or Email: cwolf (@lobodemar.biz We can also set up an on -line meeting for a forum with multiple parties if requested. Please let me know if you are interested in that alternative and arrangements will be made. All contact, comments, concerns, and recommendations must be recorded in a report delivered to the County along with the rezoning application. Prior to this project being reviewed by the Planning Board & Commissioners, you will receive subsequent notices of the agendas directly from the County. Those meetings provide public hearings for comment on any issues pertinent to approval of the proposal. We appreciate your interest and look forward to being a good neighbor and an asset to the community. Board of Commissioners - February 1, 2021 ITEM: 7 -7-14 F. 'W 'dit Ivew a Storage Building P "File t Ar4 �a q J - - _, Existin s _ House to Remain Existing Offices to Remain Myrtle Employee f? Grove Parking - _ Middle f Sc r Employe Parking oC50q, - _� - Board of Commissioners - February 1, 2021 ITEM: 7 -7-16 PROPOSED SITE PLAN Board of Commissioners - February 1, 2021 ITEM: 7 - 8 - 1 / / n/f Kaylle5 Cove POA, Inc. D.B. G 1 82 -29 18 Zoning: R -1 5 Land Use: Open Space P.O. 13ox 7221 WilmingtoK, NC 28406 Tel. q10-62-0-2374 Oeslgn So lu t� o' ns / / / n/f Frances W. Smith Heirs D.B. 351-4G2 Zoning: R-1 5 Land Use: Residential Existing House i �R n/f Dudley Linwood Rogers, Jr. D.B. 5354 -G58 Zoning: R -1 5 Land Use: Residential / / n/f NHCo Board of Education D.B. 1330-137 Zoning: R -1 5 Land Use: Institutional \30 _ S I � 63 3004, .E- \ \ e ff ` \� \c / Z 27/1 / — — — — — Existmg WArea ooded N � � � �• �I III / \ Icb Exlsting Woode ) � Area � '2 7 d o° Gravel / Company N Truck New / Parking 30'X 5 1' Storage / Bldg. / I I ( 1 530 s.f.) -Story 2 N \ (R / > ryg Max. ax. . / t \ _ — evstmy / ro / ell Existing Wooded / Area New \\ \ fill) / / Gravel Drive a Via I I / �f I Caretaker Unit ) Open Space N H Co Board 1\ � 1 200 s.f.i m I I of Education Existing \ Existing Wooded 8G4 5.f.± III D.B. 1330 -137 Area I I Hard wd esidence � � i IC I � zoning: R- 15 \ ( ** 5peclal Use I I o Land Use: Institutional \ J Permit included m \ / for Live /Work NI or Caretaker Ex. � habitation.) Gravel Parking \ / *,ardwi Ex. Gravel Drive CAR o ;. �� 7�3 :• Lys /A Al "o ```�� (COI 1/6 //c 11/ n/f Fredrich Madison Stutzenberger D.B. G212-9 14 Zoning: R-1 5 Land Use: Residential Project No.: 20 -22 Scale: 1 " =30' Date: 10/0(5/20 P.evisons: 10122120 for Prelim Review Comments Owner: Proclaim Holdings, L.L.C. P.O. Box 15447 Wilmington, NC 28408 Conditional Zoning District Site Plan Vicinity Map (No Scale) Site Inventory Notes: 1. 50115 Type: Mu (Murville fine sand) 2. This property 15 not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Existing vegetation within the development area has been located and is labeled. 7. There Is no evidence of Jurisdictional wetlands on the site. 8. There Is no evidence of endangered species or habitat issues on the site. 9. This parcel 15 not Impacted by any 512eclal Flood Hazard Area (5FHA) as evidenced on FIRM Panel 3720313400K. 10. The site drainage flows into the Motts Creek drainage basin. Utility Notes: I . Existing water service Is provided by Cape Pear Public Utility Authority. Sanitary sewer service 15 hooked to a private septic system. 2. All utility services, such as electric power, CATV, gas * telephone shall be Installed underground. 3. Solid waste disposal will by dumpster pickup by a private contractor / hauler. Tree Preservation Notes: 1. Tree Preservation / Removal Permit is 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. Protective fencing will be labeled with signs to be placed every fifty (50) linear feet, or at least two (2) signs per area, in both Engllsh * Spanish - "Tree Protection Area / Do Not Enter." Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State * New Hanover County regulations. Development Data: Tract Area - 142,789 s.f.± (3.28 ac.) Total Bldg. Area: 3994 s.f.± Existing Offices - I G02 s.f. Proposed Storage Bldg - 1 530 5.f.± Caretaker Unit - 8G4 s.f.± Bldg. Hgts.: Existing Offices - 1-story / 18' Existing Residence - 2 -5tory / 25' Proposed Storage Bldg_ - I -story/ 25' Parking - 3 132 s.f. Office $ Storage @ 1 5121400 s.f. = 8 Caretaker Unit @ 2 sp req'd. ** 15 spaces prov'd. ** Impervious Surfaces - Ex. Rooftops - 2,200 s.f.± 09 G,200 5.f.+ 132 Moh,can 7 3,450 5.f.± Subtotal - Road New Rooftop - 1,530 s.f.± New Gravel - I I ,GOO s.f.± Subtotal - 13,130 s.f.± K d Hidden volley Rood �°tc e� F-0aa 421 S Gre Rery6rzar S N Monkey o Junction 0 m Myrtle 6 r Grove Shopping WE Center P,he o� U� o° Vicinity Map (No Scale) Site Inventory Notes: 1. 50115 Type: Mu (Murville fine sand) 2. This property 15 not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Existing vegetation within the development area has been located and is labeled. 7. There Is no evidence of Jurisdictional wetlands on the site. 8. There Is no evidence of endangered species or habitat issues on the site. 9. This parcel 15 not Impacted by any 512eclal Flood Hazard Area (5FHA) as evidenced on FIRM Panel 3720313400K. 10. The site drainage flows into the Motts Creek drainage basin. Utility Notes: I . Existing water service Is provided by Cape Pear Public Utility Authority. Sanitary sewer service 15 hooked to a private septic system. 2. All utility services, such as electric power, CATV, gas * telephone shall be Installed underground. 3. Solid waste disposal will by dumpster pickup by a private contractor / hauler. Tree Preservation Notes: 1. Tree Preservation / Removal Permit is 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. Protective fencing will be labeled with signs to be placed every fifty (50) linear feet, or at least two (2) signs per area, in both Engllsh * Spanish - "Tree Protection Area / Do Not Enter." Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State * New Hanover County regulations. Development Data: Tract Area - 142,789 s.f.± (3.28 ac.) Total Bldg. Area: 3994 s.f.± Existing Offices - I G02 s.f. Proposed Storage Bldg - 1 530 5.f.± Caretaker Unit - 8G4 s.f.± Bldg. Hgts.: Existing Offices - 1-story / 18' Existing Residence - 2 -5tory / 25' Proposed Storage Bldg_ - I -story/ 25' Parking - 3 132 s.f. Office $ Storage @ 1 5121400 s.f. = 8 Caretaker Unit @ 2 sp req'd. ** 15 spaces prov'd. ** Impervious Surfaces - Ex. Rooftops - 2,200 s.f.± Ex. Pvmt. - G,200 5.f.+ Ex. Walks - 1, 180 5.f.± Ex. Gravel - 3,450 5.f.± Subtotal - 13,030 s.f.± New Rooftop - 1,530 s.f.± New Gravel - I I ,GOO s.f.± Subtotal - 13,130 s.f.± Total - 2G, I GO s.f.± (1(5.3 %) General Notes: I . New Hanover County Parcel Nos.: PIN - 3 134 1 5.72.1 770 PID - R07000 -002 -1 90 -000 PIN - 3 134 1 5.72.2954 PID - R07000- 002 - 020 -000 2. Tract Area: 3.28 ac.± 3. Zoning District: Existing - (CUD) O *I Proposed - (CZD) CB w/ SUP for Live /Work or Caretaker Unit 4. Comprehensive Plan Classification: General Residential M N 5 Graphic Scale 30 20 10 0 15 30 GO Property Address: 81 3 * 81 7 Piner Road Freedom Lawns Ma5onboro Township / New Hanover County / North Carolina Site E NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/1/2021 Regular DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor CONTACT(S): Ken Vafier; Rebekah Roth, Interim Planning & Land Use Director SUBJECT: Quasi - Judicial Hearing Special Use Permit Request (520 -05) — Request by Design Solutions, on Behalf of the Property Owner, CWEST, LLC, for a Special Use Permit to Expand and Operate a Campground and Recreational Vehicle (RV) Park within the R -15, Residential District, Located at 9515 River Road BRIEF SUMMARY: This item was continued from the January 19, 2021 meeting. The applicant is requesting a special use permit to expand Snows Cut RV Park, which is an existing 3.6 acre campground and recreational vehicle (RV) park to the east of the subject site initially approved in 2018. The proposed expansion is on a 4.2 acre parcel adjacent to the existing park and consists of the addition of 28 camping or RV spaces, a second bath house, and a third access point to River Road. Access is proposed to be provided to River Road from the subject property at three points. Two access points to River Road were approved with the 2018 special use permit, and visitors will be able to access this phase internally through an extension of one existing access point to the east, while a new access point to the south of the "T" shaped parcel is proposed. A driveway permit from NCDOT is required for this third access point, and the proposed expansion is anticipated to generate an additional 9 AM and 13 PM peak hour trips. The estimated number of peak hour trips anticipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance requirement fora Traffic Impact Analysis (TIA). The requested land use is similar to existing uses in the immediate vicinity. The property to the north of the subject site has been used as a campground /RV park since the early 1960s, and this proposal would provide an expansion of the first phase of Snows Cut RV Park approved in 2018. The properties on the remaining boundaries are currently undeveloped. The location is within close proximity to recreational opportunities including Snows Cut Park, Carolina Beach State Park, and attractions in Carolina Beach, Kure Beach, and Fort Fisher. The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential. The intent of this place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. While recreational uses are encouraged in General Residential areas, uses such as RV parks and campgrounds are not specifically addressed in the Comprehensive Plan. However, these uses are common in many communities along the North Carolina coast, including New Hanover County, and can support tourism and public access to water and natural resources. The Planning Board considered this application at the December 3, 2020 meeting. No members of the public spoke in opposition to the request. The Planning Board recommended approval (6 -0) of the application and suggested condition based on the preliminary findings of fact. Board of Commissioners - February 1, 2021 ITEM: 8 RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: Suggested Condition: 1. Consistent with the Special Use Permit approval for the previous phase of Snows Cut RV Park, no camping activity of any kind can occur in any required buff eryard or in the 15 -foot access easement that runs along the northern property line of the subject site. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Approved with condition 5 -0. Board of Commissioners - February 1, 2021 ITEM: 8 SCRIPT for SPECIAL USE PERMIT Application (S20 -05) Request by Design Solutions on behalf of the property owner, CWEST, LLC, for a Special Use Permit to expand and operate a campground and recreational vehicle (RV) park within the R -15, Residential District, located at 9515 River Road. 1. Swear witnesses: Announce that "the Special Use Permit process requires a quasi - judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you." 2. This is a quasi - judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 4. Close the hearing 5. Board discussion 6. Ask Applicant whether he /she agrees with staff findings. 7. Vote on the Special Use Permit application. 13 Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) 13 Motion to deny the permit because the Board cannot find: ® a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: b. That the use meets all required condition and specifications: ® c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: Board of Commissioners - February 1, 2021 ITEM: 8 - 1 - 1 d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: Suggested Condition: 1 . Consistent with the Special Use Permit approval for the previous phase of Snows Cut RV Park No camping activity of any kind can occur in any required bufferyard or in the 1 5 -foot access easement that runs along the northern property line of the subject site. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] Board of Commissioners - February 1, 2021 ITEM: 8 - 1 - 2 STAFF REPORT FOR S20 -05 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: 520 -05 ZONING Request: Campground /Recreational Vehicle (RV) Park (Carolina SUP to operate a Campground /Recreational Vehicle (RV) Park in the R -15, Residential District Applicant: Property Owner(s): Design Solutions CWEST, LLC Location: Acreage: 9515 River Road 4.2 acres PID(s): Comp Plan Place Type: R08800- 001 - 007 -000 General Residential Existing Land Use: Proposed Land Use: Undeveloped, Single - Family Residential Campground /Recreational Vehicle (RV) Park Current Zoning: R -15 R -15 Undeveloped SURROUNDING AREA LAND USE ZONING Campground /Recreational Vehicle (RV) Park (Carolina North R -15 Beach Family Campground) Campground /Recreational Vehicle (RV) Park (Phase I of East R -15 Snows Cut RV Park) South Undeveloped /Recreational (Snows Cut Park) R -15 West Undeveloped R -15 S20 -05 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 8 - 2 - 1 Page 1 of 13 ZONING HISTORY April 7, 1971 Initially zoned R -15 (Area 4) COMMUNITY SERVICES Water /Sewer Aqua water service, private septic systems Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Carolina Beach Elementary, Murray Middle, and Ashley High Schools Recreation Snows Cut Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No know conservation resources Historic No known historic resources Archaeological No known archaeological resources EXISTING CONDITIONS AND PROPOSED CONCEPTUAL PLAN • The applicant is seeking to obtain a special use permit to add an additional phase to the Snows Cut RV Park consisting of 28 spaces, an additional bath house, and a third access point to River Road to the south of the subject property. • A Special Use Permit for Phase I of the park was approved in 2018 for 44 spaces on 3.6 acres directly to the east of the subject property. Currently, this phase is developed with approximately 19 spaces, and the remainder of the spaces are expected to transition from the previously existing mobile home sites to RV sites by the end of 2021. • An existing single - family residence is located on the southern portion of the tract and is proposed to remain for longer -term rental, potentially for a park manager. S20 -05 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 8 - 2 - 2 Page 2 of 13 Proposed Access Point to River Road Proposed Site Plan with Staff Markups To River Rd ---------------------- ZONING CONSIDERATIONS • Campgrounds and RV parks require a special use permit in the R -1 5 zoning district and are subject to supplemental standards within the county's Unified Development Ordinance (UDO), which generally address dimensional standards (setbacks, minimum space area, roadway dimensions, etc.), access requirements, sanitation and utilities, open space, fire safety, and registration. • The subject property is adjacent to an existing campground to the north and Phase I of Snows Cut RV Park to the east. The properties to the west and south of the "T" shaped portion of the subject property are currently undeveloped and are zoned R -15. • The UDO allows for multiple uses to be permitted on a parcel where the site layout can be achieved in compliance with applicable zoning district standards, use standards, and development standards. The existing single - family dwelling unit proposed to be used in conjunction with the RV park is in compliance with the applicable UDO provisions. S20 -05 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 8 - 2 - 3 Page 3 of 13 AREA SUBDIVISIONS UNDER DEVELOPMENT - �s , \� S20 -05 �✓ Town of Carolina Beach • 1 here are currently no subdivisions under development in the vicinity of the subject property in the unincorporated county. S20 -05 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 8 - 2 - 4 Page 4 of 13 TRANSPORTATION • Access is proposed to be provided to River Road from the subject property at three points. Two access points to River Road were approved with Phase I, and visitors will be able to access this phase internally through an extension of the internal road network to the east, while a new access point to the south of the "T" shaped parcel is proposed. A driveway permit from NCDOT is required for the third access point. Access Points to River Road in all Phases of Snows Cut RV Park S20 -05 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 8 - 2 - 5 r Page 5 of 13 N S20 -05 �R��er.Rd j�f " - River Rd Access to Primary Arterial Routes • The proposed expansion is anticipated to generate an additional 9 AM and 13 PM peak hour trips. Traffic Impact Analyses (TIAs) are required to be completed for proposals that will generate more than 100 peak hour trips in either the AM or PM peak hours. A TIA is not required for this project due to the minimal projected peak hour trip generation figures; however, proposed access points will be reviewed through the county's Technical Review Committee and will require a driveway permit from NCDOT. • Because there have been no recent traffic impact analyses in the area addressing nearby intersections, staff has provided the volume to capacity ratio for River Road 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 to support the expected additional traffic. S20 -05 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 8 - 2 - 6 Page 6 of 13 NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C 9500 Block (Near River Road proposed southern 3,800 16,700 0.28 access point) Nearby Planned Transportation Improvements and Traffic Impact Analyses 1 Mile Radiusl _..._.. STIP Project Miles U I` 0 0.25 0.5 i, Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. There have not been any recent TIA's in the vicinity of the subject site that would impact the nearby transportation network expected to be used by development on this site. S20 -05 Staff Report BOC 2.1.2021 Page 7 of 13 Board of Commissioners - February 1, 2021 ITEM: 8 - 2 - 7 Nearby NC STIP Projects: There are no nearby NC STIP Projects within the improvements that affect this proposal. 1 -mile radius of the subject property that include ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas. • The subject property is within the Telfairs Creek (SC;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable /slight limitation) soils. The location of septic fields as shown on the site plan will be subject to approval by New Hanover County Environmental Health. OTHER CONSIDERATIONS SCHOOLS • Under the county's performance residential standards, the subject property could allow up to 1 1 single - family dwelling units to be constructed at a density of 2.5 du/ac. Using the generalized historic student generation rate, development under the current zoning district can be estimated to generate approximately 3 students. • Under the proposal, these units are not typically occupied by full time residents with students in the school system as they will not be permanent units and are intended for transient lodging. CONTEXT AND COMPATIBILITY • The property to the north of the subject site has been used as a campground/RV park since the early 1960s. • A Special Use Permit for a campground /travel trailer park on the property to the east of the subject site was approved by the Board of Commissioners in 2018, and this proposal would provide an expansion of that facility. • Adjacent properties to the west and south are currently undeveloped, and transitional buffers will be required along common property boundaries to these properties. • The location is within close proximity to recreational opportunities including Snows Cut Park, Carolina Beach State Park, and attractions in Carolina Beach, Kure Beach, and Fort Fisher. S20 -05 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 8 - 2 - 8 Page 8 of 13 Representative Developments of Caml„aroundsZRV Parks Phase 1, Snows Cut RV Park Phase 1, Snows Cut RV Park Wilmington KOA Holiday, Market Street S20 -05 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 8 - 2 - 9 Page 9 of 13 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. Specific goals of the comprehensive plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. Place Types Ll COMMUNITY MIXED USE GENERAL RESIDEW R -10 R -1 S s20 -os RIVER — O a lJ I I CONSERVATION NeU,rHI1I ter' =cu�iC i9C Future Land Use Map Place Type General Residential Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description 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 intent of the General Residential place type is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. Though recreational uses are encouraged in General Residential areas, uses such as RV parks and campgrounds are not specifically addressed in the Comprehensive Plan. However, these uses are common in many communities along the North Carolina coast, including New Hanover County, and can support tourism and public access to water and natural resources. Analysis The proposed RV park and campground is located immediately adjacent to an existing campground and public recreation amenities. During their consideration of the 2018 special use permit for the existing Snows Cut RV Park, the Board of Commissioners found that the use aligned with the intent of the General Residential land use classification, would provide recreational opportunities, would have few impacts on existing residential neighborhoods, and was generally compatible with the existing residential and recreational development pattern in the area. S20 -05 Staff Report BOC 2.1.2021 Page 10 of 13 Board of Commissioners - February 1, 2021 ITEM: 8 - 2 - 10 STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The site is accessed from River Road, a minor arterial street that is operating with adequate capacity to accommodate the projected number of trips from the proposed development. B. A driveway permit must be obtained from NCDOT for the additional proposed access point to River Road. C. Water services must be provided and designed in accordance with Aqua's standards. Wastewater services must be provided and designed in accordance with DEQ Division of Waste Management's and NHC Environmental Health Services' standards. D. The subject property is located in the New Hanover County South Fire Service District. E. The site is not located within any Special Flood Hazard Area. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. The site is zoned R -1 5, Residential District. B. Campgrounds and RV Parks are allowed by special use permit in the R -15 zoning districts. C. The UDC) allows for multiple uses to be permitted on a parcel where the site layout can be achieved in compliance with applicable zoning district standards, use standards, and development standards. The existing single - family dwelling unit proposed to be used in conjunction with the RV park is in compliance with the applicable UDC) provisions. D. A site plan has been included as part of the special use permit application and demonstrates that the requirements of the UDO will be met. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The surrounding land uses include an existing travel trailer park and low- density residential. The subject property is not located adjacent to residential neighborhoods. B. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. S20 -05 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 8 - 2 - 11 Page 11 of 13 Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The 2016 Comprehensive Plan classifies the area proposed for the development as General Residential, and the proposal aligns with the intent of this land use classification. The proposal provides recreational opportunities, is not estimated to generate a large amount of traffic on the roadway network, is an expansion of a previously approved RV park, and is located next to an existing travel trailer park in an area containing few single - family homes. Suggested Condition 1. Consistent with the Special Use Permit approval for the previous phase of Snows Cut RV Park, no camping activity of any kind can occur in any required bufferyard or in the 15- foot access easement that runs along the northern property line of the subject site. PLANNING BOARD ACTION The Planning Board considered this application at the December 3, 2020 meeting. No members of the public spoke in opposition to the request. The Planning Board recommended approval (6 -0) of the application and suggested condition based on the preliminary findings of fact. EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Suggested Conditions: Consistent with the Special Use Permit approval for the previous phase of Snows Cut RV Park, no camping activity of any kind can occur in any required bufferyard or in the 1 5 -foot access easement that runs along the northern property line of the subject site. S20 -05 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 8 -2-12 Page 12 of 13 Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the application does not meet and include reasons why it is not being met] S20 -05 Staff Report BOC 2.1.2021 Board of Commissioners - February 1, 2021 ITEM: 8 -2-13 Page 13 of 13 Case: Site Address: S20 -05 9515 River Rd R -.10 500 Feet Q 1. G1 Existing Zoning/Use: R -15/ Single Family Home Subject Site Board of Commissioners - February 1, 2021 ITEM: 8 - 3 - 1 Proposed Use Campground /RV Park N . O 7 , � [Y t 00 A , I: 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 5C RA R -20 UMXZ o &I JtR-20S Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) Coa See Section 55.1 of the Zoning Ordinance F Incorporated Areas jSHOD Case: Site Address: Existing Zoning/Use: Proposed Use S20 -05 9515 River Rd R -15/ Campground /RV Park Single Family Home 500 Feet �L l i� /—, /i GENERAL I Subject Site RESIDENTIAL ,aver goad-, SERVAT Board of Commissioners - February 1, 2021 ITEM: 8 - 4 - 1 Privy COMMUNITY MIXED USE 4 Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE 0 COMMUNITY MIXED USE v m RURAL RESIDENTIAL o CONSERVATION Case: Site Address: Existing Zoning/Use: Proposed Use it S20 -05 9515 River Rd R -15/ Campground /RV Park Single Family Home N R -10 �[� 11 i Ui 500 • Feet r] NffRJft0PArgnf eO9; -February 1, 2021 ITEM. 8 - 5 - 1 �� fi h R -15 0 516 7817 7816 7817 +n • .16 • • • 9709 510 7821 7820 7821 7820 819 • ll�� ti Site • 78zo • •y • • • 7822 7823 7822 7821 500 j 04 7824 7825 • • • • • 7824 7824 * • • 9705 9701 �� • Private • Subject Site 0 9641 V__ 9533_9533 9533 9533 9533�� .9533 9533R`g533 9533 8533 •• 1 • 9533 9415 9417 0421 9533.9533.9533 9617 �53s f • " 9623 j 9 533 95 i 9533— - —9533 - 9533 �9 +33} 9533 8533 9533 *9533* 9533 • • 9533 + 9533 9533 9425 0 9515 9533 9533 • v m c 9515 0 Read � River • Feet r] NffRJft0PArgnf eO9; -February 1, 2021 ITEM. 8 - 5 - 1 �� APPLICANT MATERIALS Board of Commissioners - February 1, 2021 ITEM: 8 - 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 T 0) 798 -7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit 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 10.3.5 of the Unified Development Ordinance. Public Hearing Procedures I (0ptlonal.a 1 *I /pr cummunityr A i3pi itzitior, Pl.w1girng PulIlc He3Hr% Rlimning glyArd Haas r71 posq-01teasrn41 conrMTnnca Infwm4tlon aaitm'[sad & i)ireelor i$n4agw, 5chlad illpAu $ Ilonrhng & Gamma ssicwrer=_ Urnija11pna An4 MaaLing Axce13clinr,P $Stall Reporl Notification Rctc9m. Iol ourinq d, Anknne iTRC Qfal.o+raly irwrsnailon Oaclsinn *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant /Agent Name Owner Name (if different from Applicant /Agent) CINDEE WOLF CWEST, L.L.C. Company Company /Owner Name 2 DESGIN SOLUTIONS Existing Zoning and Use(s) Address Address PO BOX 7221 701 E CHATHAM STREET, SUITE 201 City, State, Zip City, State, Zip WILMINGTON, NC 28406 CARY, NC 27511 Phone Phone 910- 620 -2374 919 - 604 -6166 (CURTIS WESTERBROOK) Email Email CWOLF @LOBODEMAR. BIZ CURTISSR @WESTBROOKCARY.COM 2. Subject Property Information Address /Location Parcel Identification Number(s) 9515 RIVER ROAD 313113.23.2694 [R08800 -001- 007 -000] Total Parcels) Acreage Existing Zoning and Use(s) Future Land Use Classification 4.20 ACRES + /- R -15 / VACANT GENERAL RESIDENTIAL Applicant Tracking Information (This section completed by staff) Case Number. Date /Time Received: I Received by: Page 1 of 6 Board of Commissioners - FebrWgc)aI20?e1 Permit Application -- Updated 02 -2020 ITEM: 8 - 7 - 1 3. Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). THE PROPOSED PLAN IS TO EXPAND THE RECENTLY COMPLETED RV & TRAVEL - TRAILER PARK ON ADJACENT PROPERTY WITH TWENTY -EIGHT (28) ADDITONAL PADS. IMPROVEMENTS WILL INCLUDE STABILIZED DRIVES THROUGHOUT THE PARK, AND WITH ANOTHER INTERSECTION TO RIVER ROAD, FOR SAFE CIRCULATION AND EASY ACCESS FOR EMERGENCY VEHICLES. A SECOND BATH -HOUSE WILL BE INSTALLED ELECTRIC & WATER HOOKUP SERVICES WILL BE AVAILABLE AT EACH PAD. A SOLID WASTE DUMPING STATION IN THE FIRST PHASE WILL BE AVAILABLE FOR THIS PHASE, ALSO. 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning 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 included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. REFERENCE THE SITE PLAN FOR LAYOUT, DETAILS AND TECHNICAL INFORMATION. ALL PRESCRIBED CONDITIONS FOR THE "CAMPGROUND / RECREATIONAL VEHICLE PARK," AS LISTED IN THE UNIFIED DEVELOPMENT CODE WILL BE SATISFIED. 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: CAMPGROUND / RV PARK (416) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 28 PADS AM Peak Hour Trips: @ 0.32 = g PM Peak Hour Trips: @ 0.48 = 13 Page 2 of 6 Board of Commissioners - FebrLWycilalqgVe1Permit Application — Updated 02 -2020 ITEM: 8 - 7 - 2 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). f 4 Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify if regardless of its impact on the value of adjoining property. THE PROPOSAL IS AN EXPANSION OF AN EXISTING RV & TRAVEL TRAILER PARK. THE IMPROVEMENTS MADE FOR THAT DEVELOPMENT ENHANCED THE SAFETY AND AESTHETICS OF THE AREA. THERE HAS BEEN NO EVIDENCE OF AN ADVERSE EFFECT ON THE LAND ' VALUES OF SURROUNDING PROPERTIES WITH THE RECENT REVALUATION COMPLETED BY COUNTY TAX APPRAISAL. THE NEW PROJECT WILL PROVIDE COMPLIANCE WITH CURRENT REGULATIONS, VISUAL SCREENING AND CONTINUED ENHANCEMENT OF THE OVERALL AREA. 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. THE TRACT IS LOCATED IN THE "GENERAL RESIDENTIAL" PLACE -TYPE, WHICH IS INTENDED TO SUPPORT LOWER - DENSITY HOUSING AND RECREATIONAL OPPORTUNITIES. THIS PARCEL IS ADJACENT TO THE NEW HANOVER COUNTY SNOWS CUT PUBLIC PARK, ACROSS THE WATERWAY FROM THE CAROLINA BEACH STATE PARK, AND NEAR THE OCEANFRONT OF CAROLINA BEACH. THE LOCATION MAKES PERFECT SENSE FOR THIS TYPE OF USE. THE COMPREHENSIVE LAND USE PLAN FOCUSES ON BUILDING THE ECONOMY WITH TOURISM, INCREASING PUBLIC ACCESS TO RECREATIONAL FACILITIES INCLUDING OUR WATERWAYS & AND OTHER NATURAL RESOURCES, AND ENHANCING THE UNIQUE CHARACTER AND HISTORY OF THE AREA. Page 4 of 6 Board of Commissioners - FebrWWcilnl Permit Application — Updated 02 -2020 ITEM: 8 - 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. Applicant Application Checklist Initial Stall Initial ❑ This application form, completed and signed CAW ❑ Application fee: • $500; $250 if application pertains to a residential use (i.e. mobile home, duplex, family child care home). CAW ❑ Traffic Impact Analysis (if applicable) N/A ❑ Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements • For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and /or subdivided boundaries. • 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 4 The approximate location of US Army Corps of Engineers Clean Water Act Section 404 wetlands, Rivers and Harbors Act Section 10 wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. a Location, species, and size (DBH) of regulated, significant, or specimen 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 Federal or State law or local ordinance. + Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) CAW ❑ Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use N/A 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. CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW Page 5 of 6 4 ITEM: 8 - 7 - 4 Board of Commissioners - LWcial (W Permit Application — Updated 02 -2020 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. 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; and 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. Signature of Property Owner(s) (\"A, C , 'AX Signofu of Appliconf /Agent Curtis Westerbrook, Sr. for CWEST, L.L.C. Print Name(s) Cynthia A. Wolf / Design Solutions 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. The land owner or their attorney must be present for the application at the Public hearings. 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. Applicant Tracking Information (This section completed by staff) Application Completeness Determination Determination Performed on Planning Board Receiveck Required by (date): (date): Meeting. � I$J 'J' to115 170 J%lq I v, li) 5 12-° Page 6 of 6 Board of Commissioners - Febi- ,&Idle Permit Application — Updated 02 -2020 ITEM: 8 - 7 - 5 PROPOSED SITE PLAN Board of Commissioners - February 1, 2021 ITEM: 8 - 8 - 1 n/f Boyd Knapp Zoning: R -1 5 Rev Trust Land Use: Campground D.B. 5793 -089 I ao N 89 °54'49" E z 2, G05.G8' 20�e ISpine J 12oak _- \ • 30pm 1 J51P�lVate Access Esm / t2F2,- 32o, \ —\jam'— \ 1 40 ne \ 18,,x.6 / 20oak � n/f Troy Slaughter D.B. 6337 -1 102 Zoning: R-1 5 Land Use: Vacant n/f CWeSt, LLC D.B. LOGO -319 Zoning: R -1 5 Land Use: RV Travel Trailer Park J1 Ex. Private Gravel Drive IEmergency Turnaround I 1 1 n/f CW _5t, LLC D.B. 6029 -500 Zoning: R -1 5 Land Use: Mobile Home Park Vicinity Map (No Scale) -- 4 i8oak s S 89 °53' 1 8" W 9 1 9 1 .49' zo°a 8 .1, gi 5 89 °53'36" W G�b.00 12oak I - -� Note: No camping activities or parking of 2�oak '9 vehicles may occur within the designated lapne\ �� 1 Existing buffer yard. Existing plantings In the / Mobile buffers will be supplemented as 1 120-1, \ �0p Homes necessary to meet the visual screening opacity regirements. Proposed 10' Buffer II w/ G- 10' High Wooden 24pme Screening Fence I / � � Development Notes: i) I Soak t- 2 Rows Evergreen / / 1 I . All development shall be In accordance with Shrubs at 3' Min. Hgt. 1 / 1 \ ❑ the New Hanover County Zoning Ordinance. (all existing trees /24pin 2. Project shall comply with all Federal, State New Iboak ti ti 1 Hanover County regulations. to remain undisturbed) n/f — 24-1, Development Data: k 24pine ��- \ �- � Lauralye Weaver 20 n/f Proposed Land Use: RV � Travel Trailer Park D.B. 3430 -1 G2 0 1 Panorama Total Camp Sites: 28 / 24oak �;� / \ Properties, LLC Area of Lots - I .5 I ac.± Utility Notes: Zoning: R -1 5 z � 24oak _ 1 D.B. 6 132-1055 Area of Road Esmt. - 0.77 ac.+ 1. Existing water service is available to the Land Use: Vacant – / 30o \ 20 Area of Open Space - 0.57 ac. to the site from Aqua Utilities' Slte Inventory N0te5: � I / I � p ) (@ 1 /4 ac. per 50 lots re d. 2. The toilet facilites will be serviced by a septic system, ZOrIInGj: R -1 5 1. A sewage dumping station will be provided for Sods Type: Wa (Wakulla sand) 1 36oak I No o Land Use: Vacant appropriately equipped vehicles. / — 2. This property is not impacted by any AEC. 1 I �, T� 3. All utility services, such as electric power, CAN, •2 1 Q gas *telephone shall be installed underground. 3. There area no Conservation Overlay boundaries affecting this property. 4. Trash disposal will be by dumpster pickup by i 4. This site is not impacted by any recognized �• / Ordinance Requirements: private contractor / hauler. historic or archeological significance. Legend : 5. No cemeteries were evidenced on the site. 1 I . All lots are a minimum of 20' wide with G. Existing vegetation will be located durmg �9 J an area greater than 2000 s.f. detailed design 4 permitting. - Hardood Trees �O to be Preserved -. Ex. House b 2. Each site shall consist of a minimum area 7. There is no evidence of Jurisdictional wetlands 1 N on the site. A 1 `- to Remain \ Tree Preservation Notes: � 36oak to accomodate at least one (I) motor home c:: for Rental � one (I) vehicle. 8. There is no evidence of endangered species or Pine Trees / I . Tree Preservation / Removal Permit is required prior habitat issues on the site% to be Preserved 28oQk l to clearing E land disturbance. 9. This property is not within any flood Hazard area 1 � 3. The project shall be graded to prevent as evidenced on N.C. Flood Maps 1 \ / any water from ponding or accumulating within 2. Prior to any clearing, grading N Fl M T or construction activity, tree p Trees necessary to remove � � / protection fencing will be installed around protected trees or 372031 3 1 OOJ. / for essential site improvements 1 4p the park. Each space shall be reasonably flat groves of trees and no construction workers, tools, materials, (Note: Measurements are preliminary. I and provided with adequate drainage away or vehicles are. permitted within the tree protection fencm 10. The site dramage flows into the Cape Fear River p 9• dramag A detailed tree removal plan will be e basin, into SC classified waters. I • ' from the space. 3. Protective fencing is to be maintained throughout the duration prepared during construction design of the project. Land clearing and construction contractors 4 permitting.) 1 shall receive adequate instruction on tree protection \ I _� / 1 requirements and methods. \ _ o 4. Protective fencing will be labeled with signs to be placed every General Notes: fifty (50) linear feet, or at least two (2) signs per area, in �� - Primary Septic fields t 24pine both English T Spanish -'Tree Protection Area Do Not Enter..' t Repair fields located by Health 28-k I . New Hanover Count Parcel Nos.: l Dept. approval 1 - - 3 1 3 1 13.23.2G94 [RO8800 -001- 007 -000] 6 ► — �� 2. Total Tract Area: 3.GO ac.± 26pme 1 \� ao, Setback _ _ 3. Zoning District: R- 15 20 1 4. Comprehensive Plan Place -type: General Residential I V 18" I8" \ 24oa1, 0-1, \ Shldr. I G' Travel Width 5hldr. Ditch - Typical 30' RV or Travel Trailer w/ 1 /1 Mid -sized Passenger 1 fire Vehicle / 024-1 Hyd. I'vFt. � I'iFt. 2 oak 53.0 tiYo 1 kW _ — ,9 New Hanover w E 3:I MAX. - �� County SLOPE �/ 8" Gravel Base \�� 3SL0P MAX. 3 ine — — _ _ / Ex. Snows Cut Park TO GRADE TO GRADE / / Driveway Typical Gravel Roadway _ S _ � New Access Graphic Scale by NCDOT _ Driveway 30 20 10 0 15 30 GO Permit 11001 ,•��N CAR 01//, HIV er R° a ). 3oX 7221 O' : DS 9 �Q Project No.: 20 -33 Owner / Developer: �o '` : Property Address: 95 15 River Road gtovt, NC 28400 10 -620 -2374 = ,� �\ 7 �� y _ I - 30 CWEST, L.L.C. S ec a I Use '" y�� ;• ` Date. 0/08/20 70 I E. Chatham St., Ste. 20 5 nOW5 C RV Travel T Park Ex an510 _ Permit Plan Cary, NC 275 I I �\\'�j`•Cii',f ,� '•••••••••••' `�� Revisons: 1 2/1 1/20 for r • \ _ ��V / I V / Ai i A��V`V`\�"�`` buffer Option )esrgvt So�utrov�s Harnett Township / New Hanover County / North Carolina ITEM: 8 - 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/1/2021 Additional Items DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Chris Coudriet SUBJECT: Adoption of a Resolution Appointing Directors of the Wind Down Corporation that was New Hanover Regional Medical Center ( NHRMC), the 501c3 BRIEF SUMMARY: The closing on the sale of New Hanover Regional Medical Center has occurred on February 1, 2021. Staff has determined that to ensure continuity of operation in the wind down of NHRMC that the county should appoint directors to serve in the wind down corporation that was NHRMC, the 501c3. As a parallel, this is considered and treated much like the county's finance corporation that is the parent for issuing limited obligation bonds, but for the purposes of closing the former county -owned hospital. The board is asked to appoint the same directors to this corporation [to lead the wind down] as you do for the finance corporation: the board chair, the county attorney, the county finance officer, and the county manager. The directors will oversee the work of the wind down over the next several years. Please recall there are obligations on the wind down that are paid for out of two escrows established by the asset purchase agreement — 1) NHRMC stabilization escrow ($200 million) and 2) trailing liabilities escrow ($100 million). RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Adopt the resolution making the recommended appointments. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - February 1, 2021 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTIONS APPOINTING STAFF AS TRUSTEES, APPROVING AMENDMENT OF ARTICLES OF INCORPORATION, AND APPROVING RESTATEMENT OF THE BYLAWS, IN EACH CASE OF NEW HANOVER REGIONAL MEDICAL CENTER APPOINTMENT OF TRUSTEES WHEREAS, the New Hanover County Board of Commissioners is responsible for appointing the board of trustees (the "Board of Trustees ") of New Hanover Regional Medical Center, a North Carolina nonprofit corporation ( "NHRMC); WHEREAS, on or about February 1, 2020, NHRMC will sell substantially all of its assets to Novant Health, Inc. ( "Novant "), including the various hospitals and care centers NHRMC operates in New Hanover County, pursuant to an Asset Purchase Agreement (the "Purchase Agreement "), dated October 5, 2020, by and among New Hanover County, North Carolina, NHRMC and Novant; WHREAS, following the closing of the transactions contemplated by the Purchase Agreement (the "Transaction "), NHRMC will wind down its operations, which shall include the management of its retained assets and the discharge of its retained liabilities; and WHEREAS, in connection with the Transaction, all of the current members of the Board of Trustees resigned from the Board of Trustees or are otherwise being removed, and therefore the New Hanover County Board of Commissioners desires to appoint new members of the Board of Trustees; NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following staff be designated as members of the Board of Trustees until his or her successor have been duly elected and qualified or until his or her earlier resignation or removal, and any other current members of the Board of Trustees are hereby removed: • Chris Coudriet, County Manager • Wanda M. Copley, County Attorney • Lisa Wurtzbacher, County Chief Financial Officer • Julia Olson - Boseman, County Board of Commissioners Chair AMENDMENT OF ARTICLES OF INCORPORATION WHEREAS, in connection with the Transaction, the New Hanover County Board of Commissioners desires to approve the amendment of the articles of incorporation of NHRMC, in the form attached hereto as Exhibit A (the "Articles Amendment "), to, among other things, change the name of NHRMC to "NHW Healthcare, Inc. "; NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the Articles Amendment is hereby approved and adopted. AMENDMENT AND RESTATEMENT OF BYLAWS WHEREAS, in connection with the Transaction, the New Hanover County Board of Commissioners desires to amend and restate the bylaws of NHRMC, in the form attached hereto as Exhibit B (the "Restated Bylaws "); NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the Restated Bylaws are hereby approved and adopted. Board of Commissioners - February 1, 2021 ITEM: 9 - 1 - 1 ADOPTED this the 1" day of February, 2021. NEW HANOVER COUNTY Julia Olson- Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - February 1, 2021 ITEM: 9 - 1 - 2 See attached. Exhibit A Articles Amendment Board of Commissioners - February 1, 2021 ITEM: 9 - 1 - 3 See attached. Exhibit B Restated Bylaws Board of Commissioners - February 1, 2021 ITEM: 9 - 1 - 4 State of North Carolina Department of the Secretary of State ARTICLES OF AMENDMENT NONPROFIT CORPORATION Pursuant to §55A -10 -05 of the General Statutes of North Carolina, the undersigned corporation hereby submits the following Articles of Amendment for the purpose of amending its Articles of Incorporation. 1. The name of the corporation is: New Hanover Regional Medical Center 2. The text of each amendment adopted is as follows (state below or attach): (See attached) 3. The date of adoption of each amendment was as follows: February 1, 2021 4. (Check a, b, and /or c, as applicable) a. The amendment(s) was (were) approved by a sufficient vote of the board of directors or incorporators, and member approval was not required because (set forth a brief explanation of why member approval was not required) The corporation does not have members. b. The amendment(s) was (were) approved by the members as required by Chapter 55A. c. =Approval of the amendment(s) by some person or persons other than the members, the board, or the incorporators was required pursuant to N.C.G.S. §55A- 10 -30, and such approval was obtained. BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626 -0622 (Revised August 2016) Form N -02 Board of Commissioners - February 1, 2021 ITEM: 9 - 2 - 1 NC032 - 11/8/2017 Wolters Kluwer Online These articles will be effective upon filing, unless a date and/or time is specified: This the day of February 20 21 New Hanover Regional Medical Center Name of Corporation Signature Type or Print Name and Title Notes: 1. Filing fee is $25. This document and one exact or conformed copy of these articles must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626 -0622 (Revised August 2016) Form N -02 Board of Commissioners - February 1, 2021 ITEM: 9 - 2 - 2 NC032 - 11/8/2017 Wolters Kluwer Online ATTACHMENT TO ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORAITON OF NEW HANOVER REGIONAL MEDICAL CENTER Paragraph 1 of the Articles of Incorporation is amended in its entirety to read as follows: The name of the corporation is NHW Healthcare, Inc. Paragraph 9 of the Articles of Incorporation is amended in its entirety to read as follows: 9. No part of the net earnings of the corporation shall inure to the benefit of any officer, director, trustee or member of the corporation; and upon dissolution of the corporation, the assets thereof shall, after all of the corporation's liabilities and obligations have been discharged or adequate provision made thereof, be distributed as directed by the New Hanover County Commissioners for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or any corresponding section of any future federal tax code, or shall be distributed to New Hanover County, for a public purpose. Paragraph 10 of the Articles of Incorporation is amended in its entirety to read as follows: 10. The address of the corporation's registered office is 160 Mine Lake Court, Suite 200, Raleigh, Wake County, North Carolina 27615 -6417, and the name of the corporation's registered agent at that address is CT Corporation System. LEGAL02/40392558v1 Board of Commissioners - February 1, 2021 ITEM: 9 - 2 - 3 AMNEDED AND RESTATED BYLAWS NHW HEALTHCARE, INC. WHEREAS, NHW Healthcare, Inc. f /k/a New Hanover Regional Medical Center has been duly incorporated as a non - stock, nonprofit corporation under the laws of the State of North Carolina, and more particularly under and by virtue of a Charter or Articles of Incorporation originally issued by the Secretary of State of the State of North Carolina on May 26, 1967, as amended; and WHEREAS, on February 1, 2021, the corporation conveyed and assigned substantially all of its assets to Novant Health New Hanover Medical Center, LLC, as well as the operating rights associated with the hospital and health care businesses operated by the corporation prior to such date; and WHEREAS, it is necessary and desirable that appropriate updated bylaws be adopted by the Board of Trustees of said corporation in order that the bylaws will reflect the changes which have occurred since the last bylaws were adopted and will provide guidelines for the organization and administration of the corporation. NOW, THEREFORE, BE IT RESOLVED that the following bylaws be, and they are hereby, duly adopted and declared by said Board of Trustees to be the bylaws of the NHW Healthcare, Inc. PREAMBLE NHW Healthcare, Inc. has been a leader in the community to outstanding health and is now selling substantially all of its assets and will wind up its operations. ARTICLE I - NAME The name of this corporation is NHW Healthcare, Inc. ARTICLE II - OBJECTS The objects of this corporation shall be those as set forth in its Articles of Incorporation hereinabove referred to and more particularly to wind up the operations and affairs of this corporation. Upon dissolution of the corporation the assets hereof shall, after all of its liabilities and obligations have been discharged, or adequate provision made therefore, be distributed as directed by the New Hanover County Commissioners for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or any corresponding section of any future federal tax code, or shall be distributed to New Hanover County, for a public purpose. Board of Commissioners - February 1, 2021 ITEM: 9 - 3 - 1 ARTICLE III - FISCAL YEAR The fiscal year of this corporation shall commence on the first day of October and end on the thirtieth day of September. ARTICLE IV - BOARD OF TRUSTEES Section 4.1. General Powers The business and affairs of the corporation shall be governed by its Board of Trustees, which shall have responsibility for the control and management of the property, funds and operations of the corporation, and said Board of Trustees shall have full power and authority to do and to perform any and all acts and functions, consistent with the laws governing the operations of the corporation and the Articles of Incorporation of the corporation, which are necessary and appropriate for the operation of this corporation. Section 4.2. Number, Term and Qualifications of Trustees The number of Trustees constituting the Board of Trustees shall be a minimum of three (3). A Trustee's term of office shall be for the duration of the wind up of this corporation, except as otherwise provided for herein. A Trustee's term of office shall commence at a time specified by the New Hanover County Board of County Commissioners ( "Commissioners ") when appointing the Board of Trustees. The Commissioners shall appoint each Trustee. Appointments to fill vacancies caused by death, resignation, incapacity, or other cause, shall be made by the Commissioners and shall be effective immediately upon appointment, and shall be for the unexpired term of the position so vacated. Section 4.3. Removal The Commissioners may remove from office any Trustee, with or without cause, by a majority vote of the Commissioners. ARTICLE V - MEETINGS Section 5.1. Regular Meetings The Board of Trustees shall hold no less than two (2) regular meetings per calendar year. The Board of Trustees shall determine the schedule for its regular meetings, as such schedule may be revised from time to time by the Board of Trustees. The regular meeting occurring in, or immediately following, October each year shall be the annual meeting. Section 5.2. Special Meetings Special meetings may be called at any time at the request of any two Trustees. Notice of special meetings of the Board, setting forth the purpose of the meeting, shall be sent to each member so as to be received at least forty-eight (48) hours before such meeting. 2 Board of Commissioners - February 1, 2021 ITEM: 9 - 3 - 2 Section 5.3. Emergency Meetings Emergency meetings may be called at any time at the request of any two Trustees, in order to address generally unexpected circumstances that require immediate consideration by the Board. Notice of emergency meetings of the Board may be communicated to the members of the Board by telephone or by any other method of communication that is available at the time, or by any combination of available methods. Immediately after notice of an emergency meeting has been communicated to the members of the Board, notice of the emergency meeting shall be communicated to each local newspaper, local wire service, local radio station, and local television station that has filed a written request for emergency notice with the corporation, and said notice shall be communicated in the same method that notice of the emergency meeting was communicated to the Board members. An emergency meeting of the Board may be convened as soon as a quorum of the Board may be assembled. Section 5.4. Quorum and Voting A majority of the Trustees shall constitute a quorum. The vote of a majority of Trustees voting at a meeting where a quorum is present shall be the act of the Board of Trustees. Although it is the duty of every Trustee who has an opinion on a question to express it by voting unless he or she has a conflict, a Trustee can abstain. An abstention shall not be counted as a vote. If less than a quorum is present at a meeting of the Board of Trustees, the Chair may adjourn the meeting from time to time without further notice. Section 5.5. Agenda The agenda of regular meetings shall provide a list of items of business and reports being brought before the meeting. The agenda of special meetings shall describe the official call of the special meeting. Section 5.6. Rules The Board of Trustees may adopt rules governing the conduct of its meetings, not inconsistent with these bylaws, which may be amended or modified by the Board of Trustees at any meeting without advance notice. In the absence of the adoption of such rules, the current edition of Robert's Rules of Order Newly Revised will govern the conduct of the meetings of the Board in those instances where the bylaws provide no guidance. Section 5.7. Action Without Meeting Any action required or permitted to be taken by the Board of Trustees may be taken without a meeting and without notice if all Trustees consent in writing to such action. Such consent may be in writing or given by electronic transmission and must be filed with the minutes of proceedings of the corporation. Action taken by 3 Board of Commissioners - February 1, 2021 ITEM: 9 - 3 - 3 written consent or electronic transmission shall be effective when all of the Trustees have signed the consent or given consent by electronic transmission, unless the consent specifies a different effective date. ARTICLE VI — OFFICERS OF THE BOARD OF TRUSTEES Section 6.1. General The officers of the corporation will consist of a President, a Secretary and a Treasurer, each to be elected by the Board of Trustees at each annual meeting. The Board of Trustees may appoint, or provide for the appointment of, such other officers or agents as may from time to time appear necessary or advisable in the conduct of the business and affairs of the corporation. Each such officer shall exercise such powers and perform such duties as generally pertain to his or her respective office and as set forth below and such other powers and duties as from time to time may be specified by the Board of Trustees or by any officer(s) authorized by the Board of Trustees to prescribe the duties of such other officers. Generally, the officers of the corporation shall all have the power to pay the debts and liabilities of the corporation as they come due. Section 6.2. President The President shall have overall executive responsibility and authority for management of the business, affairs and operations of the corporation (subject to the authority of the Board of Trustees), and, in general, shall perform all duties incident to the office of a president of a corporation, including those duties customarily performed by persons holding such office, and shall perform such other duties as, from time to time, may be assigned to him or her by the Board of Trustees. Section 6.3. Secretary The Secretary, or his /her designee, shall keep the minutes of the meetings of the Board of Trustees and shall record the names of all members present at each meeting. The Secretary, or his/her designee, shall keep a record of meeting attendance for each trustee and shall have such other duties as may be assigned from time to time by the Board of Trustees. In the absence of the Secretary, any officer shall serve in the capacity of the Secretary and perform the duties of the Secretary as described herein. Section 6.4. Treasurer The Treasurer shall have oversight responsibility for financial obligations of the corporation. The Treasurer shall have such other duties and responsibilities as shall be assigned from time to time by the Board of Trustees. Section 6.5. Removal M Board of Commissioners - February 1, 2021 ITEM: 9 - 3 - 4 Any officer elected by the Board of Trustees may be removed by a majority vote of the Trustees then in office whenever, in their judgment, the best interests of the corporation shall be served thereby. The Board of Trustees may fill any vacancy in any Board office caused by death, resignation, incapacity, or other cause. ARTICLE VII - SEAL The seal of the corporation shall be circular in form with the words "NHW Healthcare, Inc., Seal." ARTICLE VIII - AMENDMENTS These bylaws may be amended at any regular or special meeting of the Board of Trustees by a majority vote of all of the trustees then in office. Written notice of such meeting, containing a statement outlining the substance of any proposed amendment to the bylaws, shall be sent to each member of the Board of Trustees so as to be received at least five (5) days prior to the meeting wherein the proposed amendment will be considered. These bylaws may also be amended without advance notice if the amendment is approved by all of the Trustees then in office. ARTICLE IX - INDEMNIFICATION OF OFFICERS AND TRUSTEES Every director, trustee, officer, employee or agent of NHW Healthcare, Inc., past, present or future, shall be entitled to indemnification by NHW Healthcare, Inc. to the fullest extent permitted by the law of North Carolina for all reasonable expenses, including attorney's fees, and for any liabilities which he /she may incur by reason of being a party, or being threatened to be made a party, to any threatened, pending or completed action, suit or proceedings, whether civil, criminal, administrative or investigative, arising out of the fact that he /she is or was serving as a director, trustee, officer, employee or agent of NHW Healthcare, Inc.. ARTICLE X - DISCLOSURE AND CONFLICT OF INTEREST POLICY It shall be the policy of the Board of Trustees of NHW Healthcare, Inc. to require each Board member to submit in writing to the President of the corporation a list of all business entities of which the Trustee is an officer, director, member, owner, partner, shareholder or employee or for which he acts as agent. Each Trustee's list shall be resubmitted annually with any necessary changes in accordance with the NHW Healthcare, Inc. Policy. The hospital corporation shall not engage in business or enter into a contract with any business, firm or corporation in which any Trustee has a substantial interest, provided, however, that the exceptions incorporated in the North Carolina Conflict of Interest Statute (N.C.G.S. § 131E -14.2) shall also apply to this policy statement. For purposes of this policy statement, a Trustee shall have a substantial interest in a business, firm or corporation if the Trustee either (1) owns more than ten percent (10 %) of the stock of a corporation, or (2) has more than a ten percent (10 %) ownership interest in a business, or (3) is an officer or director of a corporation. In the event a matter is brought before the Board of Trustees where a trustee has a conflict of interest, it is the duty of the trustee to disclose the conflict and neither participate in the deliberation or vote on such proposal. 5 Board of Commissioners - February 1, 2021 ITEM: 9 - 3 - 5 It is the intent of this policy statement to conform to the requirements of N.C.G.S. § 131E -14.2 as the same may from time to time be amended. The foregoing bylaws, as amended, were adopted by the Board of Trustees of NHW Healthcare, Inc. on the day of 2021. [Insert Name] Secretary, NHW Healthcare, Inc. Board of Trustees 6 Board of Commissioners - February 1, 2021 ITEM: 9 - 3 - 6