FEBRUARY PB AGENDA PACKET
N E W H A N O V E R C O U N T Y
P L A N N I N G B O A R D A G E N D A
A ssembly Room, N ew H anover County H istoric Courthouse
24 North Third S treet, Room 301 Wilmington, N C 28401
M embers of the B oard
D onna G irardot, C hair | Paul B oney, V ice-Chair
Thomas 'J ordy' R awl | Ernest O lds | J effrey B . Petroff | H . Allen Pope | C olin J . Tarrant
Wayne C lark, Director of P lanning & Land U se | Ken Vafier, P lanning M anager
F E B R UA R Y 6, 2020 6:00 P M
M ee7ng Called to O rder by C hair, D onna G ir ar dot
P ledge of A llegiance by P lanning M anager, Ken Vafier
A pproval of Minutes
R EG U L A R I T E M S O F B U S I N E S S
The P lanning B oard may consider substanal changes in t hese peons as a result of objecons, debate,
and discussion at the meeng, including rez oning t o other classifi caons.
1 P ublic H earing
Rezoning Reques t (Z 20-01) - Request by the L aw O ffi ces o f MaAhew A. N ichols o n behalf of
C aro land Development, L L C as receiver, to rezone a ppro ximately 2.75 acres of land lo cated at 216
Porters N eck Road from R -15, Residen7al D istric t, to O &I , O ffice and I ns7tu7o nal D istrict.
2 P ublic H earing
Rezoning Reques t (Z 20-02) - Reques t by New H anov er C ounty to rez one approximately 15.86
acres of land located at 3 1 0 1 C astle H ayne Road from R-20, Res iden7 al D istrict, and B-1,
Busines s D istrict, to R-10, Res iden7al D is tr ict.
OT H E R I TE M S
1 D evelopment Code Update
Planning Board - February 6, 2020
N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 2/6/2020
Regular
D E PA R T M E N T: Planning P R E S E N T E R(S ): B rad Schuler, Senior Planner
C O N TA C T (S ): B rad Schuler; Wayne C lark, Pla nning & L and U se D irector
S U B J EC T:
P ublic Hearing
Rezoning Request (Z 20-01) - Request by the L aw Offic es of M a7hew A . N ic hols on behalf of C aroland
Development, L LC as receiver, to rezone approximately 2.75 acres of land loc ated at 216 Porters N ec k Road from
R -15, ResidenBal District, to O&I , Office and I n sB tuBonal District.
B R I E F S U M M A RY:
T he applicant is pro posing to rezone approximately 2.75 a c res f ro m R -15 to O &I . T he site abuts the O ak L anding
Shopping C enter (Harris Teeter) and the Porter's Po int subdivision in Porters N ec k. According to the applic ant, they
intend to inco rporate the site into the shopping c enter.
T he pro perty is c urrently zoned R -15, which allo ws up to 7 dwelling units at a maximum density of 2.5 du/a c . T he
pro posed O &I district a lso a llo ws for residen6al develo pment at the same maximum density, however, the district is
intended to primarily permit office and ins6tu6o nal related uses (like medica l and professional o ffices, religio us
ins6tu6o ns, and sc hools). Tradi6o nal retail establishments and restaurants are prohibited in the O &I district, a nd it is
generally considered to be an appropriate transi6onal zo ning district between commercial and residen6al
develo pment.
B ecause this is a genera l map amendment and no t a condi6onal rezoning, uses that would be allowed on the pro perty
are tho se allowed by right o r by S pec ial U se Permit in the O &I district. A conceptual site pla n is no t included with this
applica6on, ho wever, if appro ved, the develo pment o f the site must comply with the standards of the O &I district and
other applicable regula6o ns, including buffering and sto rmwa ter standards.
Access is pro vided to the subject pro perty by Porters N eck Road. T he applicant intends to inco rporate the site into the
O ak L anding Sho pping C enter and it is an6cipa ted the site will share access with the center and a lso u6lize the exis6ng
driveway connec6o n to Po rters N eck Road.
A detached single-fa mily dwelling typically generates about one trip during the P M peak ho urs. T he trips generated
from the propo sed O &I zoning o f the pro perty would vary based o n the co mmercial use o f the site. Fo r reference, a
general offi ce development, ba sed on a one-sto ry building with a typical 25% building area, wo uld generate about 35-
55 trips during the peak hours. A two story offi c e building is es6ma ted to generate abo ut 70-80 trips during the peak
ho urs.
T he site is classified as U rban Mixed U se and is located within the Po rters N eck Growth N ode in the C omprehensive
P la n. T he propo sed O &I rezo ning is generally C O N S I S T E N T with the U rba n Mixed U se Place type because it allo ws
the types o f o ffice, civic, a nd residen6a l uses recommended in the C o mprehensive Plan and is iden6fied as a typical
zo ning catego ry in the U rban Mixed U se place type.
S T R AT EGI C P L A N A L I G N M E N T:
Planning Board - February 6, 2020
ITEM: 1
I ntelligent Growth & Eco nomic DevelopmentE nc o ura ge develo pment of complete co mmuni6es in the uninco rporated
countyC i6zens have daily needs met by N H C businesses and support them
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
As the pro posal is generally consistent with the C omprehensive Plan and is an appropriate district to transi6o n f ro m
commercial to residen6al zoning, staff recommends approv al of this applicaBon. However, condi6onal zoning of the
pro perty to ensure addi6o nal pro tec6ons like limi6ng the size and uses of the propo sed development and requiring
access thro ugh the O ak L anding Shopping C enter ma y be mo re beneficial to the surro unding residents.
E xample M oBon for A pproval
I mo ve to A P P R OV E the propo sed rezo ning to a O &I district. I find it to be C O N S I S T E N T with the purpo ses and
intent of the C omprehensive Plan because it allows the types o f o ffice, civic, and residen6al uses recommended in the
C o mprehensive P lan and is iden6fi ed as a typical zoning catego ry in the U rban Mixed U se place type. I fi nd
A P P R OV A L of the rezo ning request is reaso nable a nd in the public interest because the propo sal is immediately
adjacent to exis6ng to exis6ng co mmercial uses and will provide an appro priate transi6o n to the adjacent residen6al
neighborho o ds.
A lternaB ve M oBon for Denial
I move to D E N Y the propo sed rezoning to a R -10 distric t. W hile I find it to be C O N S I S T E N T with the purpo ses and
intent of the C omprehensive Plan bec ause the pro posal provides a n orderly transi6on between exis6ng lower density
residen6al neighbo rhoods and C astle Hayne Road, wo uld a lign with the C omprehensive Plan’s go al o f pro viding more
diversity o f housing types, and is also closer aligned with the pref erred density ranges iden6fi ed f o r this area in the
C o mprehensive Plan, I find D E N I A L of the rezoning request is reaso nable a nd in the public interest because the
pro posal is no t c o nsistent with the desired c ha racter of the surro unding c o mmunity and the density will adversely
impact the adjacent neighbo rhoods.
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - February 6, 2020
ITEM: 1
SCRIPT for Zoning Map Amendment Application (Z20-01)
Request by the Law Offices of Matthew A. Nichols on behalf of Caroland Development, LLC as
receiver, to rezone approximately 2.75 acres of land located at 216 Porters Neck Road from R-15,
Residential District, to O&I, Office and Institutional 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 a O&I district. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because it allows the types of office, civic,
and residential uses recommended in the Comprehensive Plan and is identified as a typical
zoning category in the Urban Mixed Use place type. I find APPROVAL of the rezoning request
is reasonable and in the public interest because the proposal is immediately adjacent to
existing commercial uses and will provide an appropriate transition to the adjacent residential
neighborhoods.
Example Motion of Denial
I move to DENY the proposed rezoning to a R-10 district. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposal provides an
orderly transition between existing lower density residential neighborhoods and Castle Hayne
Road, would align with the Comprehensive Plan’s goal of providing more diversity of housing
types, and is also closer aligned with the preferred density ranges identified for this area in
the Comprehensive Plan, I find DENIAL of the rezoning request is reasonable and in the public
interest because the proposal is not consistent with the desired character of the surrounding
community and the density will adversely impact the adjacent neighborhoods.
Planning Board - February 6, 2020
ITEM: 1 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a O&I 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]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - February 6, 2020
ITEM: 1 - 1 - 2
Z20-01 Staff Report PB 2.6.2020 Page 1 of 11
STAFF REPORT FOR Z20-01
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z20-01
Request:
Zoning Map amendment to rezone 2.75 acres from R-15 to O&I
Applicant: Property Owner(s):
Matt Nichols Caroland Development, LLC as receiver
Location: Acreage:
216 Porters Neck Road 2.75
PID(s): Comp Plan Place Type:
R03600-005-002-000 Urban Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be
developed in accordance with the O&I district
Current Zoning: Proposed Zoning:
R-15 O&I
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential R-15
East Single-Family Residential R-15
South Single-Family Residential R-15
West Oak Landing Shopping Center (Harris Teeter) O&I, B-1
Planning Board - February 6, 2020
ITEM: 1 - 2 - 1
Z20-01 Staff Report PB 2.6.2020 Page 2 of 11
ZONING HISTORY
July 6, 1971 Initially zoned R-15 (Area 5)
COMMUNITY SERVICES
Water/Sewer Water and sewer services are available through CFPUA. Specific design
will be determined during site plan review.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Porters Neck
Schools Blair Elementary, Holly Shelter Middle, Laney High Schools
Recreation Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
ZONING CONSIDERATIONS
The property is currently zoned R-15, Residential District. R-15 Zoning is primarily a
residential zoning district, however, the Zoning Ordinance allows limited commercial uses
via Special Use Permit (for example, government and emergency services, convenience
stores and recreation establishments).
Planning Board - February 6, 2020
ITEM: 1 - 2 - 2
Z20-01 Staff Report PB 2.6.2020 Page 3 of 11
Under the R-15 performance residential standards, the property is allowed to be
developed with up to 7 dwelling units at a maximum density of 2.5 dwelling units per acre
(du/ac).
Because this is a general map amendment and not a conditional rezoning, uses that would
be allowed on the property are those allowed by right or by Special Use Permit in the O&I
district. A conceptual site plan is not included with this application, however, if approved,
the development of the site must comply with the standards of the O&I district and other
applicable regulations, including buffering and stormwater standards. Compliance with
these provisions will be reviewed by the Technical Review Committee during the
development review process.
Required setbacks and buffers for structures in the O&I district vary by building height and
abutting use type. For non-residential structures abutting residential zoning and uses, the
required side setback is the height of the structure multiplied by 2.75 and the rear setback
is the height of the structure multiplied by 3.73. In addition, an opaque buffer is required
between the nonresidential use and the abutting residentially zoned property of a distance
equal to half the required setback and no less than 20 feet.
The proposed O&I district also allows for residential development at the same maximum
density as R-15 at 2.5 du/ac, however, the district is intended to primarily permit office
and institutional related uses (like medical and professional offices, religious institutions, and
schools). Traditional retail establishments and restaurants are prohibited in the O&I district,
and it is generally considered to be an appropriate transitional zoning district between
commercial and residential development.
Planning Board - February 6, 2020
ITEM: 1 - 2 - 3
Z20-01 Staff Report PB 2.6.2020 Page 4 of 11
R-15 O&I
Min Lot Size
(Conventional) 15,000 sf 15,000 sf
Nonresidential Uses
≈ 29 uses w/ SUP (Bed
and Breakfast Inn,
kennels, and camping)
≈ 20 uses by-right (Golf
Courses, stables)
≈ 10 uses w/ SUP (kennels,
convenience store, recreation
establishments, residential high
density,)
≈ 40 uses by-right
(medical/professional offices,
religious institutions, schools)
Base Density
(Performance Residential)
2.5 du/ac
(7 total units)
2.5 du/ac
(7 total units)
Permitted Housing Types
Single-family, mobile
home, duplex,
townhomes, multi-family
Single-family, duplex,
townhome, multi-family
According to the applicant, they intend to incorporate the subject site into the adjacent Oak
Landing Shopping Center, which contains a Harris Teeter grocery store. While the vast
majority of the center is zoned B-1, an approximately 55 feet located on the eastern side
of the property abutting the subject site is zoned O&I. This strip of O&I was created as
part of a rezoning application in 2004 with the intent of providing a transition to the
adjacent residential zoning.
Planning Board - February 6, 2020
ITEM: 1 - 2 - 4
Z20-01 Staff Report PB 2.6.2020 Page 5 of 11
The property is located in the Porters Neck community which is the major commercial node
of the northern portion of the County, containing big box retailers (Wal-Mart and Lowes),
grocery stores (Harris Teeter and Food Lion), restaurants (Cast Iron Kitchen, Slice of Life,
Buffalo Wild Wings, etc.), and medical offices (Wilmington Health, Medac).
TRANSPORTATION
As currently zoned, the subject site would be permitted a maximum of 7 dwelling units under
the performance residential standards for the R-15 zoning district. A detached single-family
dwelling typically generates about one trip during the PM peak hours.
The trips generated from the proposed O&I zoning of the property would vary based on
the commercial use of the site. For reference, a general office development, based on a
one-story building with a typical 25% building area, would generate about 35-55 trips
during the peak hours. A two story office building is estimated to generate about 70-80
trips during the peak hours.
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development under
Current Zoning: 7 single-family homes 5 AM / 7 PM
Typical Development under
Proposed O&I Zoning: 30,000sf of general office 55 AM / 36 PM
Planning Board - February 6, 2020
ITEM: 1 - 2 - 5
Z20-01 Staff Report PB 2.6.2020 Page 6 of 11
Traffic impacts are analyzed at the time a development is proposed. Any use that increases
the trips generated by 100 in the AM or PM peak hours will be required to conduct a Traffic
Impact Analysis (TIA). Even if a TIA is not required, improvements may be required when
any proposed use is reviewed by NCDOT during the driveway permitting process.
A recent TIA completed for a nearby proposed development, The Oaks at Murray Farms,
studied the intersection of Porters Neck Road and Market Street. The TIA concluded that
that intersection currently operates at an overall Level of Service (LOS) of D, and will
continue to do so in 2023 when that project was projected to be completed.
Access is provided to the subject property by Porters Neck Road. The applicant intends to
incorporate the site into the Oak Landing Shopping Center and it is anticipated the site will
share access with the center and also utilize the existing driveway connection to Porters Neck
Road.
Planning Board - February 6, 2020
ITEM: 1 - 2 - 6
Z20-01 Staff Report PB 2.6.2020 Page 7 of 11
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
STIP Project U-4751 (Military Cutoff Extension)
o Project to extend Military Cutoff from Market Street to I-140.
o The project is currently under construction and is expected to be completed in late
2022/early 2023.
o The project will also install a sidewalk and multi-use path along the extension of
Military Cutoff and the sections of Market Street included in the project.
Planning Board - February 6, 2020
ITEM: 1 - 2 - 7
Z20-01 Staff Report PB 2.6.2020 Page 8 of 11
STIP Project U-4902D (Market Street Median)
o Project to install a center median and pedestrian accessways along Market Street
from Middle Sound Loop Road to Marsh Oaks Drive. 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.
o The project is currently under construction and is expected to be completed in late
2022/early 2023.
NCDOT Project – Installation of an Additional Southbound Exit Lane on US-17 onto Market
Street
o The Board of Commissioners recently adopted a resolution to support the installation
of an additional southbound exit lane at the US 17/Market Street Interchange. The
project is a candidate for funding through the State’s High Impact Low Cost program.
o While funding for this program is currently on hold due to NCDOT' s cash flow
balance, NCDOT Division 3 has been requested to submit everything needed for the
fund requests to the Board of Transportation so there is no delay when funding
becomes available.
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
1. The Oaks at
Murray Farm*
348 Multi-Family Housing
58 Single-Family Housing
December 6, 2019
2023 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a second westbound right turn lane on Futch Creek Road at US 17, and
revising the signal timing plan at that intersection.
Nearby Proposed Developments included within the TIA:
Waterstone
Development Status: Development pending rezoning approval.
*The current proposed number of units being considered by the Board of Commissioners has been reduced since
the TIA. The above figures reflect the density analyzed with the TIA.
Planning Board - February 6, 2020
ITEM: 1 - 2 - 8
Z20-01 Staff Report PB 2.6.2020 Page 9 of 11
2. Bailey Shoppes on
Market
4,800 sf of Office
6,600 sf of Shopping Center
1,200 sf of Fast Food
Restaurant with Drive-Thru
2,400 sf of High-Turnover
Restaurant
Approved February 20,
2018
2018 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a southbound right-turn lane from Bump Along Road to Mendenhall Drive
Installation of a traffic signal at a future u-turn movement to be located approximately
800 feet south of Alexander Road
Nearby Proposed Developments included within the TIA:
Aldi at Marsh Oaks
Amberleigh Shores Phase II
Development Status: Initial site work has been completed, however, no structures have
been constructed at this time.
3. Amberleigh
Shores – Phase II 288 Apartments
Approved November 3,
2016
2023 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Extension of an existing southbound left turn lane on Market Street at Marsh Oaks Drive.
Nearby Proposed Developments included within the TIA:
None
Development Status: The project is currently under construction. The roadway improvement
has not been completed at this time.
4. Waterstone 151 Single-Family
Dwellings
Approved June 18, 2015
2020 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a southbound right turn lane on Edgewater Club Road at the site’s northern
access.
Nearby Proposed Developments included within the TIA:
Porters Neck Elementary
Development Status: 98 lots have been platted at this time. The right turn lane has been
installed.
Planning Board - February 6, 2020
ITEM: 1 - 2 - 9
Z20-01 Staff Report PB 2.6.2020 Page 10 of 11
ENVIRONMENTAL
The property does not contain a Special Flood Hazard Area or Natural Heritage Areas.
The property is within the Ness 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 limitation) soils, however, the site is expected to be
served by CFPUA water and sewer.
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.
Future Land Use
Map Place Type Urban Mixed Use (and Porters Neck Growth Node)
Place Type
Description
Promotes development of a mix of residential, office, and retail uses at
higher densities. Types of uses encouraged include office, retail, mixed use,
small recreation, commercial, institutional, single-family, and multi-family
residential.
Planning Board - February 6, 2020
ITEM: 1 - 2 - 10
Z20-01 Staff Report PB 2.6.2020 Page 11 of 11
Analysis
The subject site is located along Porters Neck Road near the intersection with
Market Street. It is designated as an Urban Mixed Use place type, where
a variety of higher intensity commercial services are intended, especially
within a designated growth node like Porters Neck.
Due to the property’s location immediately adjacent to the Oak Landing
Shopping Center to the northwest and Porters Pointe subdivision to the
southeast, uses that provide for the needs of adjacent residential
neighborhoods and/or provide an orderly transition to the adjacent
residential areas would support the integration of uses and development
patterns encouraged in the Comprehensive Plan. The requested O&I
rezoning could allow for the types of commercial, civic, office, and
residential uses that could be appropriate in this area, and O&I is one of
the typical zoning categories identified for the Urban Mixed Use place
type.
Consistency
Recommendation
The proposed O&I rezoning is generally CONSISTENT with the Urban
Mixed Use Place type because it allows the types of office, civic, and
residential uses recommended in the Comprehensive Plan and is identified
as a typical zoning category in the Urban Mixed Use place type.
STAFF RECOMMENDATION
As the proposal is generally consistent with the Comprehensive Plan and is an appropriate district
to transition from commercial to residential zoning, staff recommends approval of this application.
However, conditional zoning of the property to ensure additional protections like limiting the size
and uses of the proposed development and requiring access through the Oak Landing Shopping
Center may be more beneficial to the surrounding residents.
Example Motion for Approval
I move to APPROVE the proposed rezoning to a O&I district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows
the types of office, civic, and residential uses recommended in the Comprehensive Plan
and is identified as a typical zoning category in the Urban Mixed Use place type. I
find APPROVAL of the rezoning request is reasonable and in the public interest
because the proposal is immediately adjacent to existing commercial uses and will
provide an appropriate transition to the adjacent residential neighborhoods.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a R-10 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposal provides an orderly transition between existing lower density residential
neighborhoods and Castle Hayne Road, would align with the Comprehensive Plan’s
goal of providing more diversity of housing types, and is also closer aligned with the
preferred density ranges identified for this area in the Comprehensive Plan, I find
DENIAL of the rezoning request is reasonable and in the public interest because the
proposal is not consistent with the desired character of the surrounding community and
the density will adversely impact the adjacent neighborhoods.
Planning Board - February 6, 2020
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APPLICANT
MATERIALS
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N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 2/6/2020
Regular
D E PA R T M E N T: Planning P R E S E N T E R (S ): Wayne C lark, D irector
C O N TA C T (S ): B rad Schuler, Senior Planner; Wayne C lark, Planning & L and U se D irector
S U B J EC T:
P ublic Hearing
Rezoning Request (Z 20-02) - Request by N ew Hanover C ounty to rezone approximately 15.86 acres of land located
at 3101 C astle Hayne Road from R -20, Residen?al Distric t, and B-1, B usiness District, to R-10, Residen?al District.
B R I E F S U M M A RY:
N ew H ano ver C o unty is reques#ng to rezone C o unty-o wned property from R -20 and B -1 to R -10. T he site is located
at 3101 C astle Hayne Road in the Wrightsboro co mmunity and consists of 15.86 acres.
T he ma jo rity of the property is being co nsidered f o r c o nveyanc e to a no npro fi t organiza#on f o r a workforce housing
subdivisio n. T he remainder o f the property (approx. 1.5 acres) will be reserved for the development o f a po ssible
future fi re sta#on.
T he property is currently split zo ned, with appro ximately 13.75 acres zoned R -20 and 2.1 a cres zo ned B -1. U nder the
performance residen#al sta ndards, the por#on of the property currently zoned R -20 zoning would allow up to 26
dwelling units at a maximum density o f 1.9 dwelling units per acre. T his pro perty would be permi:ed up to 52 dwelling
units under the pro posed R -10 district at maximum density of 3.3 dwelling units per acre. T he por#on of the pro perty
zo ned B -1 would allow for the development o f tradi#onal commerc ial uses like restaurants, offi ces, and retail
establishments. At approxima tely 2.1 acres, it is es#mated tha t the por#on o f the property zoned B -1 co uld suppo rt
about 20,000 square feet o f commercial related uses based o n a typical 25% building area.
B ecause this is a general map amendment, uses that would be allo wed o n the pro perty are tho se allowed by right or by
Special U se Permit in the R -10 district. I f appro ved, the development of the site must co mply with the sta ndards of the
R -10 district and o ther applicable regula#ons, including buffering and stormwater standards. C o mpliance with these
pro visions will be reviewed by the Technical Review C ommi:ee during the develo pment review process.
Access is provided to the subject property by C astle H ayne Ro ad (N C 133). I t is an#cipated the driveway co nnec#on
for a residen#al development would align at the intersec#on o f C a stle H ayne Road and O ld Mill Ro ad.
A detached single-f amily dwelling typica lly generates about o ne trip during the P M peak ho urs. T he trips generated
from the B -1 po r#o n o f the pro perty wo uld vary ba sed o n the commercial use of the site. Fo r general ref erence, a
20,000 square f o o t shopping/strip c enter o r comparable development wo uld genera te an es#mated 100 trips in the
A M peak and 62 trips in the P M peak. As a result, the cumula#ve impact of the propo sed rezoning is expected to
reduce the number of trips generated from development o f the site.
T he site is classified as C ommunity Mixed U se and General Residen#al in the C o mprehensive Pla n. T he pro posed R -10
rezoning is generally C O N S I S T E N T with the C omprehensive Plan’s intent of pro viding an orderly tra nsi#o n o f
residen#al densi#es from higher intensity to lower intensity areas and provides for the pro vision of wo rkf o rce housing
Planning Board - February 6, 2020
ITEM: 2
on the site.
S T R AT EGI C P L A N A L I G N M E N T:
I ntelligent Growth & Eco nomic DevelopmentE nc o ura ge develo pment of complete co mmuni#es in the uninco rporated
countyE nsure N H C has appropriate housing to support business gro wth
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
T he pro posed R -10 rezoning is generally C O N S I S T E N T with the 2016 C omprehensive Plan because it wo uld pro vide
an o rderly transi#on between exis#ng lo wer density residen#al areas on the western perimeter o f the site and the
C astle H ayne Road co rridor. T he base densi#es allowed in an R -10 district also provide the opportunity for the
pro vision o f workforce housing.
E xample M o?on for A pproval
I move to A P P R OV E the pro posed rezoning to an R -10 district. I fi nd it to be C O N S I S T E N T with the purposes and
intent of the C omprehensive Plan bec ause the pro posal provides a n orderly transi#on between exis#ng lower density
residen#al areas and the C astle Hayne Road corrido r and provides for the provisio n o f workforce ho using. I fi nd
A P P R OVA L of the rezo ning is reaso nable and in the public interest because it will pro vide for the provisio n o f
wo rkf o rce ho using o n the site and allows densi#es mo re a ppro pria te along a major highway co rridor a nd s#ll
compa#ble with the exis#ng development pa:erns.
A lterna?ve M o?on for Denial
I move to D E N Y the propo sed rezoning to a R -10 distric t. W hile I find it to be C O N S I S T E N T with the purpo ses and
intent of the C omprehensive Plan bec ause the pro posal provides a n orderly transi#on between exis#ng lower density
residen#al areas and the C astle Hayne Roa d corrido r and provides for the provision o f workforce ho using, I fi nd
D E N I A L of the rezo ning request is reaso nable and in the public interest beca use the proposal is no t consistent with the
desired character o f the surrounding community a nd the density will adversely impact the adjacent neighborho o ds.
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - February 6, 2020
ITEM: 2
SCRIPT for Zoning Map Amendment Application (Z20-02)
Request by New Hanover County to rezone approximately 15.86 acres of land located at 3101 Castle
Hayne Road from R-20, Residential District, and B-1, Business District, to R-10, Residential 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/Applicant’s presentation
b. Opponent’s presentation (up to 15 minutes)
c. Staff/Applicant’s rebuttal (up to 5 minutes)
d. 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 R-10 district. I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposal provides an
orderly transition between existing lower density residential areas and the Castle Hayne Road
corridor and provides for the provision of workforce housing. I find APPROVAL of the rezoning
is reasonable and in the public interest because it will provide for the provision of workforce
housing on the site and allows densities more appropriate along a major highway corridor and
still compatible with the existing development patterns.
Example Motion of Denial
I move to DENY the proposed rezoning to a R-10 district. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposal provides an
orderly transition between existing lower density residential areas and the Castle Hayne Road
corridor and provides for the provision of workforce housing, I find DENIAL of the rezoning
request is reasonable and in the public interest because the proposal is not consistent with the
desired character of the surrounding community and the density will adversely impact the
adjacent neighborhoods.
Planning Board - February 6, 2020
ITEM: 2 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a R-10 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]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - February 6, 2020
ITEM: 2 - 1 - 2
Z20-02 Staff Report 2.6.2020 Page 1 of 11
STAFF REPORT FOR Z20-02
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z20-02
Request:
Zoning Map amendment to rezone 15.86 acres from R-20 and B-1 to R-10
Applicant: Property Owner(s):
New Hanover County New Hanover County
Location: Acreage:
3101 Castle Hayne Road 15.86
PID(s): Comp Plan Place Type:
R02519-001-011-000 General Residential & Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be
developed in accordance with the R-10 district
Current Zoning: Proposed Zoning:
R-20 and B-1 R-10
Planning Board - February 6, 2020
ITEM: 2 - 2 - 1
Z20-02 Staff Report 2.6.2020 Page 2 of 11
SURROUNDING AREA
LAND USE ZONING
North Undeveloped, Single-Family Residential B-1, R-20
East Undeveloped, Agriculture, Single-Family Residential B-1, R-20
South Undeveloped, Single-Family Residential, Gas Station B-1, R-20
West Undeveloped, Single-Family Residential R-20
ZONING HISTORY
July 1, 1974 Initially zoned R-20 and B-1 (Area 10A)
COMMUNITY SERVICES
Water/Sewer
Water services are scheduled to be installed along the adjacent portion of
Castle Hayne Road in 2020. Sewer services are approximately one
quarter miles away on Old Mill Road and would require extension to serve
the site.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Wrightsboro
Schools Wrightsboro Elementary, Holly Shelter Middle, New Hanover High Schools
Recreation Optimist Park, Northern Regional Park
Planning Board - February 6, 2020
ITEM: 2 - 2 - 2
Z20-02 Staff Report 2.6.2020 Page 3 of 11
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The Conservation Overlay District Map indicates that swamp forest wetlands
may be present on the site. The location of wetlands will be verified and
any impacts addressed through the TRC review process when any specific
developments are proposed.
Historic No known historic resources
Archaeological No known archaeological resources
ZONING CONSIDERATIONS
The property is currently split zoned, with approximately 13.75 acres zoned R-20 and 2.1
acres zoned B-1.
Under the performance residential standards, the portion of the property currently zoned
R-20 zoning would allow up to 26 dwelling units at a maximum density of 1.9 dwelling units
per acre. This property would be permitted up to 52 dwelling units under the proposed R-
10 district at maximum density of 3.3 dwelling units per acre.
Much of the Wrightsboro area was zoned R-20 in 1974. At that time, public utilities were
limited and many homes in the unincorporated areas of the County utilized private well and
septic.
The portion of the property zoned B-1 would allow for the development of traditional
commercial uses like restaurants, offices, and retail establishments. At approximately 2.1
acres, it is estimated that the portion of the property zoned B-1 could support about 20,000
square feet of commercial related uses based on a typical 25% building area.
Existing Zoning
Proposed R-10 R-20 (approx 13.75
acres)
B-1 (approx 2.1
acres)
Min Lot Size
(Conventional) 20,000 sf n/a 10,000 sf
Max Density 1.9 du/ac
(Performance) n/a 3.3 du/ac
(Performance)
Max Dwelling
Units for Subject
Property
26
(Performance) n/a 52
(Performance)
Commercial Uses
Limited (ex. kennels,
recreation, and
convenience stores w/
SUP)
Variety of
commercial uses
including retail,
restaurant, and
office.
Limited (ex.
kennels, recreation,
and convenience
stores w/ SUP)
Planning Board - February 6, 2020
ITEM: 2 - 2 - 3
Z20-02 Staff Report 2.6.2020 Page 4 of 11
Because this is a general map amendment, uses that would be allowed on the property are
those allowed by right or by Special Use Permit in the R-10 district. If approved, the
development of the site must comply with the standards of the R-10 district and other
applicable regulations, including buffering and stormwater standards. Compliance with
these provisions will be reviewed by the Technical Review Committee during the
development review process.
The subject property is owned by New Hanover County. The majority of the property is
being considered for conveyance to a nonprofit organization for a workforce housing
subdivision. The remainder of the property (approx. 1.5 acres) will be reserved for the
development of a possible future fire station.
A northern branch of Ness Creek runs through the property and has been identified as an
AE Floodway. Because of the costs associated with crossing the creek, it is expected
development of the property will be limited to the eastern side of this waterway, leaving
about 4 acres to remain for open space or recreational purposes.
Planning Board - February 6, 2020
ITEM: 2 - 2 - 4
Z20-02 Staff Report 2.6.2020 Page 5 of 11
The subject site is located in close proximity to the downtown and airport economic hubs,
employment opportunities including GE and N. Kerr Industrial park, and other regional
destinations. In addition, the site is close to three major transportation corridors: MLK Jr.
Parkway, Interstate 40, and Interstate 140.
TRANSPORTATION
Access is provided to the subject property by Castle Hayne Road (NC 133). It is anticipated
the driveway connection for a residential development would align at the intersection of
Castle Hayne Road and Old Mill Road.
As currently zoned, the residential portion of the subject site would be permitted a maximum
of 26 dwelling units under the performance residential standards for the R-20 zoning
district. A detached single-family dwelling typically generates about one trip during the
PM peak hours.
The trips generated from the B-1 portion of the property would vary based on the
commercial use of the site. For general reference, if the B-1 portion of the site was
developed with a typical approximate 25% building footprint, a 20,000 square foot
shopping/strip center or comparable development could be built. Using ITE trip generation
figures, that center would generate an estimated 100 trips in the AM peak and 62 trips in
the PM peak.
The estimated total trips that could be generated from the site as currently zoned is about
120 in the AM peak and 90 in the PM peak.
As a result, the cumulative impact of the proposed rezoning is expected to reduce the
number of trips generated from development of the site. Specifically, 47 single-family
Planning Board - February 6, 2020
ITEM: 2 - 2 - 5
Z20-02 Staff Report 2.6.2020 Page 6 of 11
homes that could be built under the proposed R-10 zoning are estimated to generate up to
about 47 trips during the peak hours. The possible fire station is expected to have minimal
trip generation during the peak hours due to shift schedules that typically change at 7:00
am.
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development under
Current Zoning:
26 single-family homes
20,000sf commercial 120 AM / 90 PM
Typical Development under
Proposed R-10 Zoning:
47 single-family homes
Fire Station 35 AM / 50 PM
Traffic impacts are analyzed at the time a development is proposed. Any use that increases
the trips generated by 100 in the AM or PM peak hours will be required to conduct a Traffic
Impact Analysis (TIA). Even if a TIA is not required, improvements may be required when
any proposed use is reviewed by NCDOT during the driveway permitting process.
Because there have not been any recent TIAs in the area to analyze traffic flow along this
portion of Castle Hayne Road, staff has provided the volume to capacity ratio for Castle
Hayne 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 an intersection is generally considered a more effective
measure when determining the Level of Service of a roadway. The volume to capacity ratio
indicates capacity currently exists in this area to accommodate what is expected to be a
net reduction in trips when compared to the existing zoning.
Traffic Counts – 2018
Road Location Volume Capacity V/C
Castle Hayne Road 1,000 feet south of
Rockhill Road 14,256 15,860 0.90
Planning Board - February 6, 2020
ITEM: 2 - 2 - 6
Z20-02 Staff Report 2.6.2020 Page 7 of 11
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
STIP Project U-5863
o Project to widen Castle Hayne Road from I-140 to MLK Parkway.
o Current production schedule for this project is to begin right-of-way acquisition in
2020 and bidding of the project in 2022. However, the draft STIP, which will be
finalized in September, has moved the dates for right-of-way acquisition to 2021
and bidding of the project to 2024.
o This project will widen Castle Hayne Road by adding a center turn lane or median
to certain sections of the Road. Currently the draft plans include the addition of a
center turn lane directly adjacent the subject site.
Planning Board - February 6, 2020
ITEM: 2 - 2 - 7
Z20-02 Staff Report 2.6.2020 Page 8 of 11
o The project also includes the installation of traffic signals at the intersections of Castle
Hayne Road at Oakley Road and Rockhill Road. Both intersections are within a
quarter mile of the subject site.
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
1. Wrightsboro
Commons 226 Multi-Family Units Approved January 24, 2019
2023 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Updating the signal timing at the intersection of Castle Hayne Road and North Kerr
Avenue
Nearby Proposed Developments included within the TIA:
Riverside Development
Development Status: Construction has not started at this time.
ENVIRONMENTAL
The property contains an AE Floodway and AE Special Flood Hazard Area. The property
does not contain Natural Heritage Areas.
Existence of wetlands will be verified during the development review process for the site.
The property is within the Ness Creek (C;Sw) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class II (moderate limitation), Class III (severe limitation), and Class
IV (unsuitable) soils, however, the site is expected to be served by CFPUA water and sewer.
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.
Planning Board - February 6, 2020
ITEM: 2 - 2 - 8
Z20-02 Staff Report 2.6.2020 Page 9 of 11
Future Land Use
Map Place Type
Community Mixed Use & General Residential
Because of the general nature of place type borders, sites located in
proximity to the boundaries between place types could be appropriately
developed with either place type, allowing site-specific features and
evolving development patterns in the surrounding area to be considered.
Place Type
Description
Community Mixed Use: Focuses on small-scale, compact, mixed use
development patterns that serve all modes of travel and act as an attractor
for county residents and visitors. Types of appropriate uses include office,
retail, mixed use, recreational, commercial, institutional, and multi-family
and single-family residential.
General Residential: Focuses on lower-density housing and associated civic
and commercial services. Typically, housing is single-family or duplexes.
Commercial uses should be limited to strategically located office and retail
spaces, while recreation and school facilities are encouraged throughout.
Types of uses include single-family residential, low-density multi-family
residential, light commercial, civic, and recreational.
Analysis
The subject property is located along Castle Hayne Road, just north of the
fueling station and convenience store at the intersection with Oakley Road.
This intersection is the approximate midpoint between GE to the north and
the Wrightsboro community-level commercial node centered around the
intersection of Castle Hayne Road and N. Kerr Avenue to the south. Due to
the existing commercial use and location, this general area is well-suited to
serve as a future neighborhood-level commercial and service node, where
higher density residential developments would be appropriate.
The subject property is designated Community Mixed Use along Castle
Hayne Road and General Residential further west, closer to the existing
single family neighborhoods. This is a common place type designation for
areas along highway corridors and is intended to support more density near
Planning Board - February 6, 2020
ITEM: 2 - 2 - 9
Z20-02 Staff Report 2.6.2020 Page 10 of 11
major roads and existing higher-intensity development, with a transition to
lower densities adjacent to existing lower intensity residential
neighborhoods.
The Comprehensive Plan identifies a suggested density range for residential
development in each place type to assist in identifying what might be
appropriate depending on the context of a site and adjacent development
patterns. The base density for the proposed R-10 district would allow 3.3
dwelling units per acre, which is in the middle of the range of the residential
densities outlined as appropriate in General Residential areas and lower
than those (7-10 single family units per acre) indicated for the Community
Mixed Use portion of the property most likely to be developed. While
lower than what is outlined on the Future Land Use Map, the base density in
R-10 could provide a transition between B-1 zoned properties currently
along Castle Hayne Road and the very low density R-20 zoned residential
properties to the west.
Consistency
Recommendation
The proposed R-10 rezoning is generally CONSISTENT with the
Comprehensive Plan’s intent of providing an orderly transition of residential
densities from higher intensity to lower intensity areas and provides for the
provision of workforce housing on the site.
STAFF RECOMMENDATION
The proposed R-10 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because
it would provide an orderly transition between existing lower density residential areas on the
western perimeter of the site and the Castle Hayne Road corridor. The base densities allowed in
an R-10 district also provide the opportunity for the provision of workforce housing.
Therefore, staff recommends approval of this application and suggests the following motion:
I move to APPROVE the proposed rezoning to an R-10 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposal provides an orderly transition between existing lower density residential
areas and the Castle Hayne Road corridor and provides for the provision of workforce
housing. I find APPROVAL of the rezoning is reasonable and in the public interest
because it will provide for the provision of workforce housing on the site and allows
densities more appropriate along a major highway corridor and still compatible with
the existing development patterns.
Planning Board - February 6, 2020
ITEM: 2 - 2 - 10
Z20-02 Staff Report 2.6.2020 Page 11 of 11
Alternative Motion for Denial
I move to DENY the proposed rezoning to a R-10 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposal provides an orderly transition between existing lower density residential
areas and the Castle Hayne Road corridor and provides for the provision of workforce
housing, I find DENIAL of the rezoning request is reasonable and in the public interest
because the proposal is not consistent with the desired character of the surrounding
community and the density will adversely impact the adjacent neighborhoods.
Planning Board - February 6, 2020
ITEM: 2 - 2 - 11
Planning Board - February 6, 2020
ITEM: 2 - 3 - 1
Planning Board - February 6, 2020
ITEM: 2 - 4 - 1
Planning Board - February 6, 2020
ITEM: 2 - 5 - 1
APPLICANT
MATERIALS
Planning Board - February 6, 2020
ITEM: 2 - 6 - 1
Planning Board - February 6, 2020
ITEM: 2 - 6 - 2
Planning Board - February 6, 2020
ITEM: 2 - 7 - 1
Planning Board - February 6, 2020
ITEM: 2 - 7 - 2
Planning Board - February 6, 2020
ITEM: 2 - 7 - 3
Subject Site
3101 Castle Hayne Road
PID# R02519-001-011-000
±15.86 acres
Planning Board - February 6, 2020
ITEM: 2 - 7 - 4
Subject Site
3101 Castle Hayne Road
PID# R02519-001-011-000
±15.86 acres
Community
Mixed Use
General
Residential
Place Types
Planning Board - February 6, 2020
ITEM: 2 - 7 - 5
Planning Board - February 6, 2020
ITEM: 2 - 7 - 6
Planning Board - February 6, 2020
ITEM: 2 - 7 - 7