NOVEMBER MEETING AGENDA PACKET
NEW HANOVER COUNTY
PLANNING BOARD AGENDA
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301 Wilmington, NC 28401
Members of the Board
Donna Girardot, Chair | Paul Boney, Vice-Chair
Thomas 'Jordy' Rawl | Ernest Olds | Jeffrey B. Petroff | H. Allen Pope | Colin J. Tarrant
Wayne Clark, Director of Planning & Land Use | Ken Vafier, Planning Manager
NOVEMBER 5, 2020 6:00 PM
MEETING CALLED TO ORDER (Chair Donna Girardot)
PLEDGE OF ALLEGI ANCE (Planning Manager Ken Vafier)
APPROVAL OF MINUTES
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substanal changes in these peons as a result of objecons, debate,
and discussion at the meeng, including rezoning to other classificaons.
1 Public Hearing
Rezoning Request (Z20-16) - Request by Hodges, Coxe, & Po@er, LLP on behalf of property
owners, Stephen Clossick and WBP, LLC, to rezone approximately 2.3 acres of land located at
7775 Market Street from (CUD) O&I, CondiDonal Use Office and InsDtuDonal District, to
(CZD) B-2, CondiDonal Regional Business District, in order to develop a boat dealer and
vehicle sales business.
2 Public Hearing
Rezoning Request (Z20-20) - Request by Design SoluDons on behalf of the property owners,
Edna F. Dupree Heirs (Karen Coley) and Edward Foyles Heirs (Lewis Hines), to rezone
approximately 2.22 acres of land located at 7036 and 7038 Market Street, from R-15,
ResidenDal District, to (CZD) CB, CondiDonal Community Business District, in order to
develop a general retail sales and personal service establishment.
3 Public Hearing
Rezoning Request (Z20-21) – Request by Design SoluDons on behalf of property owners,
William S. and Tara S. Hackney, and Proclaim Holdings, LLC, to rezone approximately 3.28
acres of land located at 813 and 817 Piner Road from (CUD) O&I, CondiDonal Use Office and
InsDtuDonal District, to (CZD) CB, CondiDonal Community Business District, in order to
develop a landscape contractor’s office.
4 Quasi-Judicial Hearing
Special Use Permit Request (S20-04) – Request by Design SoluDons 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, CondiDonal Community Business District,
associated with Rezoning Request Z20-21, located at 813 and 817 Piner Road.
Planning Board - November 5, 2020
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/5/2020
Regular
DEPARTMENT: Planning PRESENTER(S): Ron Meredith, Current Planner
CONTACT(S): Ron Meredith; Rebekah Roth, Interim Planning and Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z20-16) - Request by Hodges, Coxe, & Po8er, LLP on behalf of property owners, Stephen
Clossick and WBP, LLC, to rezone approximately 2.3 acres of land located at 7775 Market Street from (CUD) O&I,
CondiBonal Use Office and InsBtuBonal District, to (CZD) B-2, CondiBonal Regional Business District, in order to
develop a boat dealer and vehicle sales business.
BRIEF SUMMARY:
The applicant is proposing to rezone the subject property, approximately 2.3 acres from a (CUD) O&I district to (CZD)
B-2 to allow a vehicle and boat sales business. The subject site is located at 7775 Market Street between CubeSmart
Storage and the Sound Cat Veterinary Hospital. The subject site is currently undeveloped and contains one specimen
tree, which will be retained as reflected on the proposed site plan. The northern parcel within the exis6ng (CUD) O&I
zoning district has been developed (The Sound Cat Veterinary Hospital).
The applicant is proposing to construct a one-story, 10,500 square foot office building with associated parking and
landscaping on the subject site. The building is proposed to serve primarily as an office building, showroom, and
service area for the applicant’s vehicle and boat sales business (Ba<leship Marine).
The project will be designed with interconnec6vity to the adjacent veterinary hospital. Vehicles will enter and exit on
the northern side of the property through a driveway shared with the veterinary hospital that connects to Alexander
Road (SR 1345).
Once the Market Street Median Project is completed in 2023, motorists will s6ll have the op6on to u6lize Alexander
Road when entering the site from southbound Market Street with a traffic signal for the le? movement only. When
exi6ng the site using Alexander Road, motorists will be limited to a right hand turning movement. Any modifica6on to
the exis6ng driveway will be considered at the 6me of review by NCDOT during the driveway permiCng process.
As currently zoned, it is es6mated the site would generate about 26-27 trips in the peak hours. The proposed
development is es6mated to generate approximately 28 trips in the AM peak hour and 38 trips in the PM peak hour.
The es6mated number of peak hour trips an6cipated with the proposed development is below the 100 peak hour trip
threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA), but the increase in peak hour trips
is not expected to have a significant impact.
The proposed rezoning is generally CONSISTENT with the goals and objec6ves of the Comprehensive Plan and the
types of commercial uses encouraged in the Community Mixed Use place type, as it is located in an area that the plan
ul6mately envisions as Community Mixed Use that would provide for appropriate infill development in a transi6onal
area between two higher intensity commercial and service nodes and provides an appropriate transi6on between
Market Street and adjacent single family neighborhoods.
Planning Board - November 5, 2020
ITEM: 1
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth & Economic DevelopmentLeverage public infrastructure to encourage private investmentAlign
services and infrastructure to support business growth
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of this applica6on and suggests the following mo6on:
I move to APPROVE the proposed rezoning to a (CZD) B-2 district. I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types
of commercial uses that would be encouraged in the Community Mixed Use place type. In addi6on, these
uses would serve as an appropriate transi6on between exis6ng commercial development and adjacent
residen6al neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public
interest because the site is adjacent to exis6ng commercial uses, the use would have limited traffic
impacts, and approval supports the success of an exis6ng small business.
AlternaBve MoBon for Denial
I move DENY the proposed rezoning to a (CZD) B-2 district. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types
of commercial uses that would be encouraged in the Community Mixed Use place type and would serve
as an appropriate transi6on between exis6ng commercial development and adjacent residen6al
neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the
proposal is not consistent with the surrounding community and that the use will adversely impact the
adjacent neighborhoods.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 5, 2020
ITEM: 1
SCRIPT for Zoning Map Amendment Application (Z20-16)
Request by Hodges, Coxe, & Potter, LLP on behalf of property owners, Stephen Clossick and WBP, LLC,
to rezone approximately 2.3 acres of land located at 7775 Market Street from (CUD) O&I, Conditional
Use Office and Institutional District, to (CZD) B-2, Conditional Regional Business District, in order to
develop a boat dealer and vehicle sales business.
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 (CZD) B-2 district. I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed uses are
consistent with the types of commercial uses that would be encouraged in the Community Mixed
Use place type. In addition, these uses would serve as an appropriate transition between
existing commercial development and adjacent residential neighborhoods. I also find
APPROVAL of the rezoning request is reasonable and in the public interest because the site is
adjacent to existing commercial uses, the use would have limited traffic impacts, and approval
supports the success of an existing small business.
Alternative Motion for Denial
I move DENY the proposed rezoning to a (CZD) B-2 district. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed uses are
consistent with the types of commercial uses that would be encouraged in the Community Mixed
Use place type and would serve as an appropriate transition between existing commercial
development and adjacent residential neighborhoods, I find DENIAL of the rezoning request
is reasonable and in the public interest because the proposal is not consistent with the
surrounding community and that the use will adversely impact the adjacent neighborhoods.
Planning Board - November 5, 2020
ITEM: 1 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a conditional (CZD) B-2 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 - November 5, 2020
ITEM: 1 - 1 - 2
Z20-16 Staff Report PB 11.5.2020 Page 1 of 15
STAFF REPORT FOR Z20-16
CONDITIONAL ZONING DISTRICT APPLICATION
APPLICATION SUMMARY
Case Number: Z20-16
Request:
Zoning Map amendment to rezone 2.3 acres from (CUD) O&I to (CZD) B-2 to allow vehicle and
boat sales/service
Applicant: Property Owner(s):
Hodges, Coxe, & Potter, LLP Stephen Clossick and WBP, LLC
Location: Acreage:
7775 Market Street 2.3
PID(s): Comp Plan Place Type:
R03600-004-025-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Boat Dealer & Vehicle Sales
Current Zoning: Proposed Zoning:
(CUD) O&I (CZD) B-2
SURROUNDING AREA
LAND USE ZONING
North
Single-Family Residential (Brickstone Estates),
Veterinary Service (The Sound Cat Veterinarian
Hospital)
R-15, (CUD) O&I
East Market Street Right-of-Way, Multi-Family
(Amberleigh Shores)
MF-M (City of
Wilmington)
South Mini-Warehouse/Self-Storage
(CubeSmart Storage) (CZD) B-2
West Single-Family Residential R-15
Planning Board - November 5, 2020
ITEM: 1 - 2 - 1
Z20-16 Staff Report PB 11.5.2020 Page 2 of 15
ZONING HISTORY
July 6, 1971 Initially zoned R-15 (Area 5)
December 7, 1998 Rezoned to (CUD) O&I/SUP (Z-635) for all uses within the O&I
December 6, 1999 (CUD) O&I/SUP (Z-635) modified to allow for a building and parking
layout change and dental use
May 3, 2004 (CUD) O&I/SUP (Z-635) modified to allow veterinarian hospital use
COMMUNITY SERVICES
Water/Sewer Water and sewer 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 Ogden
Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools
Recreation Ogden Park, Parkwood Recreation Area, Smith Creek Park Preserve, and
Pages Creek Park Preserve
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - November 5, 2020
ITEM: 1 - 2 - 2
Z20-16 Staff Report PB 11.5.2020 Page 3 of 15
PREVIOUSLY APPROVED SITE PLAN & CONDITIONS
The current (CUD) O&I (Z-635) was approved on May 3, 2004 to allow for a veterinarian
hospital with the following conditions:
1. The site plan allows 22,360 square feet of building area and 59,566 square feet
of impervious area.
2. Buildings supplemental to the proposed veterinary hospital will not be used for the
side of the building facing Alexander Road (SR 1345), and all services for these
buildings must be shielded from view.
3. The gable roof on the proposed veterinary hospital building shall also be included
on the side of the building facing Alexander Road (SR 1345), and all service utilities
for these buildings must be shielded from view.
4. The proposed Veterinary hospital shall have no outdoor runs and gable roof shall
also be included don the Alexander Road site of the veterinary office. .
5. The buildings along Alexander Road (SR 1345) should be perpendicular to Market
Street and the parking at the ends of the building should not extend beyond the
building setback.
6. All other applicable federal, state, and local laws.
Above: Approved Plan (Z-635)
Planning Board - November 5, 2020
ITEM: 1 - 2 - 3
Z20-16 Staff Report PB 11.5.2020 Page 4 of 15
APPLICANT’S PROPOSED CONCEPTUAL PLAN
The applicant is proposing to construct a one-story, 10,500 square foot office building with
associated parking and landscaping on the subject site.
The building is proposed to serve primarily as an office building, showroom, and service
area for the applicant’s vehicle and boat sales business (Battleship Marine).
The subject site contains one specimen Live Oak tree measured at 41” in diameter at breast
height (DBH). The applicant has designed a site plan that retains the specimen Live Oak tree
on site.
The applicant’s proposed conceptual plan includes a 10,500 square foot building, 50,535
square feet of parking lot area (including a gravel parking area), and 2,685 square feet
of concrete, for a total impervious area of 63,720 square feet.
The subject site and adjacent property received approval for an underground infiltration
system to treat stormwater runoff based on the May 2004 site plan. Any increase to the
impervious area would need to be accounted for within the stormwater system and would
require a modification to County and State stormwater permits. A full review of the
stormwater requirements would be conducted during the Technical Review Committee (TRC)
review process.
Above: Applicant’s Conceptual Plan with Staff Markups
Planning Board - November 5, 2020
ITEM: 1 - 2 - 4
Z20-16 Staff Report PB 11.5.2020 Page 5 of 15
ZONING CONSIDERATIONS
The applicant is proposing to rezone the subject property, approximately 2.3 acres from
a (CUD) O&I district to (CZD) B-2 district to allow a vehicle and boat sales business.
The subject site is located at 7775 Market Street between CubeSmart Storage and the
Sound Cat Veterinary Hospital.
The site is located to the north of the Middle Sound/Lendire commercial and service node
and to the south of the Porters Neck commercial and service node.
This area contains several commercial businesses as seen on the map below.
The subject site is currently undeveloped and contains one specimen tree, which will be
retained as reflected on the proposed site plan.
The northern parcel within the existing (CUD) O&I zoning district has been developed (The
Sound Cat Veterinarian Hospital).
The subject property is located entirely within a Special Highway Overlay District (SHOD)
that extends 500’ from the right-of-way of Market Street. Parcels within the SHOD are
subject to additional regulations for site design, including a minimum building setback of
100’ from the property line adjacent Market Street and a 25’ setback from all other
property lines, a limitation on signage to 6’ in height and 150 square feet in area, and a
maximum of 50% lot coverage limit for buildings.
Planning Board - November 5, 2020
ITEM: 1 - 2 - 5
Z20-16 Staff Report PB 11.5.2020 Page 6 of 15
Development within the proposed (CZD) B-2 zoning district would require additional
building setbacks and landscaping buffers along the adjacent R-15 zoned property. As
depicted in the site plan all building setbacks and landscape buffers meet both current
standards and those proposed by TA20-02, which is scheduled to be considered by the
Board of Commissioners at the November 16, 2020 Meeting.
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - November 5, 2020
ITEM: 1 - 2 - 6
Z20-16 Staff Report PB 11.5.2020 Page 7 of 15
TRANSPORTATION
As proposed, the project will be designed with interconnectivity to the adjacent veterinary
hospital. Vehicles will enter and exit on the northern side of the property through a
driveway shared with the veterinary hospital that connects to Alexander Road (SR 1345).
Planning Board - November 5, 2020
ITEM: 1 - 2 - 7
Z20-16 Staff Report PB 11.5.2020 Page 8 of 15
Once the Market Street Median Project is completed in 2023, motorists will still have the
option to utilize Alexander Road when entering the site from southbound Market Street with
a traffic signal for the left movement only, as seen on the map below. When exiting the
site using Alexander Road, motorists will be limited to a right hand turning movement.
Any modification to the existing driveway will be considered at the time of review by
NCDOT during the driveway permitting process.
As shown in the table below, the increase in peak hour trips is not expected to be a
significant impact.
Development Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Existing Development under Current
(CUD) O&I Zoning: Veterinary Service 18 AM / 17 PM
Proposed Development under
Proposed (CZD) B-2 Zoning:
Boat and Motorcycle
Sales/Service 28 AM / 38 PM
Total From Both Parcels Using Shared Access 46 AM / 55 PM
Planning Board - November 5, 2020
ITEM: 1 - 2 - 8
Z20-16 Staff Report PB 11.5.2020 Page 9 of 15
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, Staff has provided the
volume to capacity ratio for Market Street 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
Market Street Torchwood Boulevard to HWY 17 44,500 44,323 1.004
The Military Cutoff extension improvements are expected to improve the volume to capacity
ratio by 30-50% at this location based on the 2035 traffic forecast included in the Military
Cutoff Extension and Hampstead Bypass Traffic Operations Analysis Report.
Planning Board - November 5, 2020
ITEM: 1 - 2 - 9
Z20-16 Staff Report PB 11.5.2020 Page 10 of 15
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
STIP Project U-4902C (Market Street Median)
o Project to install a center median and pedestrian accessways along Market Street from
College Road to Station Road.
o The project is currently in right-of-way acquisition but is on hold. Expected construction
year has been delayed from 2024 to 2029.
STIP Project U-4751 (Military Cutoff Extension)
o Project to extend Military Cutoff from Market Street to I-140.
o Includes improvements to Market Street (access management and widening)
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.
o The project is currently under construction and is expected to be completed by early
2023.
Planning Board - November 5, 2020
ITEM: 1 - 2 - 10
Z20-16 Staff Report PB 11.5.2020 Page 11 of 15
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. Bailey Shoppes
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.
Proposed Development Land Use/Intensity TIA Status
2. Bayshore
Commercial
Development
20,000 square feet of
Medical/Dental Office
70,000 square feet of
Shopping Center
8,000 square feet of High
Turnover Sit Down
Restaurant
4,000 square feet of Fast
Food Restaurant
TIA approved September 11,
2019
2022 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of an additional westbound left turn lane on Bayshore Drive to Market Street
Extension of existing northbound right turn lane on Market Street from Bayshore Drive to
the site’s access points
Nearby Proposed Developments included within the TIA:
None
Development Status: The property is zoned B-2, which allows for this development by-
right. The proposed site plan for the project is currently under review by the TRC.
Planning Board - November 5, 2020
ITEM: 1 - 2 - 11
Z20-16 Staff Report PB 11.5.2020 Page 12 of 15
Proposed Development Land Use/Intensity TIA Status
3. Amberleigh Shores Phase 2
(City of Wilmington)
288 multi-family
units
Approved November 3,
2016
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 left turn lane at Marsh Oaks Drive and Market Street
Signal Modification for traffic exiting Marsh Oaks Drive and Market Street
Marsh Oaks Drive and site access east bound right turn lane
Installation of a 100 foot protected stem at Marsh Oaks Drive and site access
Nearby Proposed Developments included within the TIA:
None.
Development Status: Construction is in progress
ENVIRONMENTAL
The subject property is not within a Special Flood Hazard Area (SFHA) and does not contain
any Natural Heritage Areas.
The subject property is located within the Pages Creek watershed, which drains to the
Intracoastal Waterway.
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, however, the site will be served
by CFPUA water and sewer services.
OTHER CONSIDERATIONS
CONTEXT AND COMPATIBILITY
The property is located along Market Street, which is identified as a Principal Arterial on
the WMPO Functional Classifications Map.
The property is located on the northern end of Alexander Road (SR 1345) and connects to
Market Street. Alexander Road (SR 1345) is a local road that serves the residential areas
to the west of the subject parcel.
The site is located between an established veterinary hospital and CubeSmart Storage
facility and is east of platted R-15 residential lots.
The proposed structure will be one story and will be positioned toward the center of the
subject parcel away from the adjacent residential lots, closer to the adjacent commercial
uses.
The subject site will share a driveway with an existing commercial development to the north,
which consists of one structure that is approximately 4,000 square feet in area.
The development will have no impact on the school system.
Planning Board - November 5, 2020
ITEM: 1 - 2 - 12
Z20-16 Staff Report PB 11.5.2020 Page 13 of 15
Representative Developments in B-2
Atlantic Marine (Eastwood/Wrightsville Avenue) Marker 17 (Market Street)
Existing Battleship Marine (Market Street)
Proposed Battleship Marine (Market Street)
Planning Board - November 5, 2020
ITEM: 1 - 2 - 13
Z20-16 Staff Report PB 11.5.2020 Page 14 of 15
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 Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Analysis
The subject property is located along Market Street between two existing
commercial service uses, a veterinary hospital and self-storage facility, and
immediately abuts residential properties to the northwest. Like other
properties along Market Street in this area—between the Porters Neck and
Middle Sound/Lendire commercial and service nodes, it is designated as a
Community Mixed Use place type.
This designation is commonly applied to major roadway corridors to
encourage their revitalization through infill and redevelopment and provide
a transition to lower density residential properties located away from the
roadway. The proposed conditional zoning district would provide for retail
vehicle and boat sales, a lower intensity commercial use that can be
appropriate in this type of transitional area between higher intensity nodes.
This type of commercial use is compatible with adjacent office and
commercial service uses.
Planning Board - November 5, 2020
ITEM: 1 - 2 - 14
Z20-16 Staff Report PB 11.5.2020 Page 15 of 15
Consistency
Recommendation
The proposed conditional rezoning to allow vehicle and boat sales is
generally CONSISTENT with the goals of the 2016 Comprehensive Plan
because it provides for appropriate infill development in a transitional area
between two higher intensity commercial and service nodes and provides
an appropriate transition between Market Street and adjacent single
family neighborhoods.
STAFF RECOMMENDATION
The proposed rezoning is generally CONSISTENT with the goals and objectives of the
Comprehensive Plan and the types of commercial uses encouraged in the Community Mixed Use
place type, as it is located in an area that the Plan ultimately envisions as Community Mixed Use
that would provide goods and services for nearby residents.
Staff recommends approval of this application and suggests the following motion:
I move to APPROVE the proposed rezoning to a (CZD) B-2 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed uses are consistent with the types of commercial uses that would be
encouraged in the Community Mixed Use place type. In addition, these uses would
serve as an appropriate transition between existing commercial development and
adjacent residential neighborhoods. I also find APPROVAL of the rezoning request is
reasonable and in the public interest because the site is adjacent to existing commercial
uses, the use would have limited traffic impacts, and approval supports the success of
an existing small business.
Alternative Motion for Denial
I move DENY the proposed rezoning to a (CZD) B-2 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed uses are consistent with the types of commercial uses that would be
encouraged in the Community Mixed Use place type and would serve as an
appropriate transition between existing commercial development and adjacent
residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in
the public interest because the proposal is not consistent with the surrounding community
and that the use will adversely impact the adjacent neighborhoods.
Planning Board - November 5, 2020
ITEM: 1 - 2 - 15
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APPLICANT
MATERIALS
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PROPOSED
SITE PLAN
Planning Board - November 5, 2020
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Planning Board - November 5, 2020ITEM: 1- 9 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/5/2020
Regular
DEPARTMENT: Planning PRESENTER(S): Marty Lile
CONTACT(S): Marty Lile, Long Range Planner, Brad Schuler, Senior Planner, Rebekah Roth, Interim Planning
and Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z20-20) - Request by Design Solu3ons on behalf of the property owners, Edna F. Dupree Heirs
(Karen Coley) and Edward Foyles Heirs (Lewis Hines), to rezone approximately 2.22 acres of land located at 7036
and 7038 Market Street, from R-15, Residen3al District, to (CZD) CB, Condi3onal Community Business District, in
order to develop a general retail sales and personal service establishment.
BRIEF SUMMARY:
The applicant is seeking to rezone approximately 2.22 acres from R-15, Residen)al District, to (CZD) CB, Condi)onal
Community Business District, in order to develop a general retail sales and personal service establishment.
The exis)ng zoning (R-15) allows the site to be used for residen)al uses. Currently, the site is undeveloped. Under the
County’s performance residen)al standards, the current zoning would allow a maximum of five dwelling units at a
density of 2.5 dwelling units per acre. The proposed condi)onal zoning would allow the property to be used for general
retail sales and general personal service uses, both of which are allowed by-right in the CB district.
The conceptual plan indicates that the principal structure will be a one-story 16,000 square foot building, which is
comprised of 10,000 square feet for a retail furniture business and showroom and 6,000 square feet of miscellaneous
retail or personal services. A one-story 5,000 square foot warehouse serving as storage for furniture stock associated
with the furniture retail component is also proposed.
As currently zoned, it is es)mated the site would generate about 6-8 trips in the peak hours. The proposed
development is es)mated to generate approximately 16 trips in the AM peak hour and 39 trips in the PM peak hour, a
net increase of about 8 AM and 33 PM peak trips when compared to current zoning. The es)mated number of peak
hour trips an)cipated with the proposed development is below the 100 peak hour trip threshold that triggers the
ordinance requirement for a Traffic Impact Analysis (TIA).
The property is located along the Market Street corridor, adjacent to exis)ng commercial uses and one exis)ng
residen)al structure. The site also abuts single-family homes to the rear. The development would be required to meet
all screening and landscaping requirements of the UDO, which includes an opaque bufferyard where the development
abuts residen)al property.
One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of
complete communi)es in the unincorporated county by increasing housing diversity and access to basic goods and
services. As detached single family homes typical in R-15 zoning districts are the predominant housing type and make
up 92% of residen)al units in the Ogden community area, the conversion of these proper)es to commercial zoning will
not decrease housing diversity.
Planning Board - November 5, 2020
ITEM: 2
The proposed rezoning is generally CONSISTENT with the goals and objec)ves of the Comprehensive Plan and the
types of commercial uses encouraged in the Urban Mixed Use place type, as it is located in an area that the plan
ul)mately envisions as Urban Mixed Use that would provide goods and services for nearby residents.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth & Economic DevelopmentEncourage development of complete communi)es in the unincorporated
countyCi)zens have daily needs met by NHC businesses and support them
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of this applica)on and suggests the following mo)on:
I move to recommend APPROVAL of the proposed rezoning to a (CZD) CB district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are
consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place
type and would serve as an appropriate transi)on between exis)ng commercial development and
adjacent residen)al neighborhoods. I also find recommending APPROVAL of the rezoning request is
reasonable and in the public interest because the site is in close proximity to the Military Cutoff Extension
and exis)ng commercial services; therefore, it is unlikely that a new single family residence will be
constructed on the site.
Alterna3ve Mo3on for Denial
I move to recommend DENIAL of the proposed rezoning to a (CZD) CB district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are
consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place
type and would serve as an appropriate transi)on between exis)ng commercial development and
adjacent residen)al neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public
interest because the proposal is not consistent with the surrounding community and that the use will
adversely impact the adjacent neighborhoods.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 5, 2020
ITEM: 2
SCRIPT for Conditional Zoning District Application (Z20-20)
Request by Design Solutions on behalf of the property owners, Edna F. Dupree Heirs (Karen Coley)
and Edward Foyles Heirs (Lewis Hines), to rezone approximately 2.22 acres of land located at 7036
and 7038 Market Street, from R-15, Residential District, to (CZD) CB, Conditional Community Business
District, in order to develop a general retail sales and personal service establishment.
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 (CZD) CB district. I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed uses are
consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use
place type and would serve as an appropriate transition between existing commercial
development and adjacent residential neighborhoods. I also find APPROVAL of the rezoning
request is reasonable and in the public interest because the site is in close proximity to the
Military Cutoff Extension and existing commercial services; therefore, it is unlikely that a new
single family residence will be constructed on the site.
[Optional] Note any conditions to be added to the district.
Example Motion of Denial
I move to DENY the proposed rezoning to a (CZD) CB district. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed uses are
consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use
place type and would serve as an appropriate transition between existing commercial
development and adjacent residential neighborhoods, I find DENIAL of the rezoning request
is reasonable and in the public interest because the proposal is not consistent with the
surrounding community and the use will adversely impact the adjacent neighborhoods.
Planning Board - November 5, 2020
ITEM: 2 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a conditional (CZD) CB district. I find it to
be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because
[insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find that [Approval/Denial] of the rezoning request is reasonable and in the public
interest because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - November 5, 2020
ITEM: 2 - 1 - 2
Z20-20 Staff Report PB 11.5.2020 Page 1 of 14
STAFF REPORT FOR Z20-20
CONDITIONAL ZONING DISTRICT APPLICATION
APPLICATION SUMMARY
Case Number: Z20-20
Request:
Rezone 2.22 acres from R-15 Residential to (CZD) CB Community Business for Retail Sales and
Personal Services
Applicant: Property Owner(s):
Cindee Wolf, Design Solutions Edna F. Dupree Heirs (Karen Coley)
Edward Foyles Heirs (Lewis Hines)
Location: Acreage:
7036 & 7038 Market Street 2.22
PID(s): Comp Plan Place Type:
R04400-005-017-000
R04400-005-016-000 Urban Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped General Retail Sales & Personal Services
Current Zoning: Proposed Zoning:
R-15 (CZD) CB Community Business
SURROUNDING AREA
LAND USE ZONING
North Personal Services, Financial Institution, Single-Family
Residential B-2, R-15
East Single-Family Residential R-15
South Restaurant, Car Wash, Kennel, Retail Nursery, Single-
Family Residential B-2, R-15
West Single-Family Residential, Retail, Office, Religious
Assembly R-15, B-2, (CZD) B-2
N
Planning Board - November 5, 2020
ITEM: 2 - 2 - 1
Z20-20 Staff Report PB 11.5.2020 Page 2 of 14
ZONING HISTORY
July 7, 1972 Initially zoned R-15 (Area 8B)
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 Ogden
Schools Ogden Elementary, Noble Middle, and 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
PROPOSED USE & CONCEPTUAL PLAN
• The applicant is proposing to rezone approximately 2.22 acres from R-15 Residential to
(CZD) CB Conditional Zoning District Community Business in order to develop a retail and
personal services establishment.
• The application indicates that the use of the subject property will be a one-story 16,000
square foot structure, which includes 10,000 square feet for a retail furniture business and
showroom and 6,000 square feet of miscellaneous retail or personal services. A one-story
5,000 square foot warehouse serving as storage for furniture stock associated with the
furniture retail component is also proposed.
• The conceptual plan shows the main 16,000 square foot building toward the front of the
property facing Market Street, with parking to the side. The warehouse and loading area
Planning Board - November 5, 2020
ITEM: 2 - 2 - 2
Z20-20 Staff Report PB 11.5.2020 Page 3 of 14
are located immediately behind the principal structure, and the proposed stormwater
management area is located to the rear of the property.
• The subject site is located on Market Street where future NCDOT improvements are planned
as part of the Military Cutoff Extension project. To anticipate these improvements, the
applicant has designed the site to reflect the completion of that project, which is expected
by early 2023. Additional information is provided in the Transportation Section below.
Proposed Conceptual Site Plan with Staff Markups
ZONING CONSIDERATIONS
• General retail sales and general personal service uses are both allowed by-right in the CB
Community Business district.
• While the CB district allows a range of commercial uses, the Conditional Zoning District
designation would limit the types of uses on the site to retail and personal service.
• Under the County’s performance residential standards, the current zoning (R-15/2.22 acres)
would allow a maximum of five dwelling units at a density of 2.5 dwelling units per acre.
• In the CB district, a minimum 25-foot rear setback, 20-foot interior setback, and 20-foot
opaque bufferyard are required where the development abuts existing single-family
properties. Maximum height may not exceed 3 stories or 45-feet, though the structure
proposed is one-story.
• Since its original zoning designation in 1972, this portion of the county and Market Street
corridor has experienced a gradual shift from the original R-15 zoning to more commercial
districts and uses; a trend that is expected to continue.
Planning Board - November 5, 2020
ITEM: 2 - 2 - 3
Z20-20 Staff Report PB 11.5.2020 Page 4 of 14
AREA SUBDIVISIONS UNDER DEVELOPMENT
Area Subdivisions Under Development
Planning Board - November 5, 2020
ITEM: 2 - 2 - 4
Z20-20 Staff Report PB 11.5.2020 Page 5 of 14
TRANSPORTATION
Access
• Access is provided to the subject property by Market Street, approximately ¼ mile north
of the Military Cutoff Road intersection. One driveway is proposed off of Market Street,
which would be converted into a controlled access driveway (right-in, right-out) once the
Military Cutoff Extension project is complete. No other access to the site is proposed.
• A by-right residential development on the site under the current zoning (R-15) would allow
up to five dwelling units, which is estimated to generate about 8 trips in the AM and 6 trips
in the PM peak hours.
• Under the proposed (CZD) CB zoning, approximately 16,000 square feet of commercial
space and 5,000 square feet of storage would be constructed on the site, which is
anticipated to generate approximately 16 vehicular trips in the AM peak hour, and
approximately 39 trips in the PM peak hour. The net difference in traffic would be an
increase of 8 AM and 33 PM peak trips when compared to current zoning.
Planning Board - November 5, 2020
ITEM: 2 - 2 - 5
Z20-20 Staff Report PB 11.5.2020 Page 6 of 14
Development Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development under Current
R-15 Zoning: 5 single-family homes 8 AM / 6 PM
Proposed Development under
Proposed (CZD) CB Zoning:
16,000 square feet
commercial space
5,000 square feet storage
16 AM / 39 PM
Net difference between current R-15 and proposed (CZD) CB zoning +8 AM / +33 PM
• 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, Staff has provided the
volume to capacity ratio for Market Street 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) - 2018
Road Location Volume Capacity V/C
Market Street 7100 Block 50,500 44,324 1.14
• The Military Cutoff extension improvements are expected to improve the volume to capacity
ratio by 30-50% at this location based on the 2035 traffic forecast included in the Military
Cutoff Extension and Hampstead Bypass Traffic Operations Analysis Report.
Planning Board - November 5, 2020
ITEM: 2 - 2 - 6
Z20-20 Staff Report PB 11.5.2020 Page 7 of 14
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby Planned Transportation Improvements and TIAs
Nearby NC STIP Roadway Projects:
• STIP Project U-4751 (Military Cutoff Extension)
o Project to extend Military Cutoff from Market Street to I-140.
o Includes improvements to Market Street (access management and widening) between
Station Road and El Ogden Drive, which are expected to impact properties in the area.
See map on next page.
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.
o The project is currently under construction and is expected to be completed by early
2023.
Planning Board - November 5, 2020
ITEM: 2 - 2 - 7
Z20-20 Staff Report PB 11.5.2020 Page 8 of 14
Market Street portion of Military Cutoff Extension (U-4751)
• 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 by early
2023.
• STIP Project U-4902C (Market Street Median)
o Project to install a center median and pedestrian accessways along Market Street from
College Road to Station Road.
o The project is currently in right-of-way acquisition but is on hold. Expected construction
year has been delayed from 2024 to 2029.
• STIP Project U-6202 (Gordon Road Widening)
o Project to widen Gordon Road from I-40 to Market Street. The project will also include
the installation of a 10-foot multi-use path.
o Currently in design and scheduled for right-of-way acquisition in 2025 and construction
in 2030.
Planning Board - November 5, 2020
ITEM: 2 - 2 - 8
Z20-20 Staff Report PB 11.5.2020 Page 9 of 14
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved
analyses will expire if the proposed development is not completed by the build out date established within the
TIA.
Proposed Development Land Use/Intensity TIA Status
1. Bayshore
Commercial
Development
• 20,000 square feet of
Medical/Dental Office
• 70,000 square feet of
Shopping Center
• 8,000 square feet of High
Turnover Sit Down
Restaurant
• 4,000 square feet of Fast
Food Restaurant
• TIA approved September 11,
2019
• 2022 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Installation of an additional westbound left turn lane on Bayshore Drive to Market Street
• Extension of existing northbound right turn lane on Market Street from Bayshore Drive to
the site’s access points
Nearby Proposed Developments included within the TIA:
• None
Development Status: A site plan application has been submitted but has not been approved
by the TRC. No roadway improvements have been installed at this time.
Proposed Development Land Use/Intensity TIA Status
2. Ogden Starbucks • 2,200 square foot coffee
shop with drive thru
• Approved May 10, 2019
• 2021 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Installation of an additional exclusive eastbound right-turn lane on Lendire Road at
Market Street (improvement installation to be coordinated with the Military Cutoff
Extension project U-4751). Modification of the signal timing at the same intersection to
incorporate the new dual right-turn lanes.
Nearby Proposed Developments included within the TIA:
• None
Development Status: Construction has been completed. The installation of right-turn lane will
be completed with the Military Cutoff extension project.
Planning Board - November 5, 2020
ITEM: 2 - 2 - 9
Z20-20 Staff Report PB 11.5.2020 Page 10 of 14
ENVIRONMENTAL
• The site does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage
Areas.
• The subject property is located within the Howe Creek watershed, which drains to the
Intracoastal Waterway.
• 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. However, the subject site will be
served by public water and sewer.
OTHER CONSIDERATIONS
CONTEXT AND COMPATABILITY
• The property is located along Market Street, which is identified as a Principal Arterial on
the WMPO Functional Classifications Map.
• The site is located adjacent to existing commercial retail and personal service uses along
Market Street, and abuts approximately seven single-family homes of the El Ogden
subdivision to the east and south, and an additional single-family home along Market Street
to the southwest.
• The concept plan positions the principal structure near the Market Street corridor and further
away from the homes along Buff Circle and El Ogden Drive. The parking area is sited next
to the Live Oak Center commercial strip.
• The development would be required to meet all screening and landscaping requirements of
the UDO, which includes a 20-foot vegetative buffer where the development abuts
residential property. A full review of the vegetative buffer would be conducted by the TRC.
• The development will have no impact on the school system.
Planning Board - November 5, 2020
ITEM: 2 - 2 - 10
Z20-20 Staff Report PB 11.5.2020 Page 11 of 14
Representative Developments in R-15 along Principal Arterials:
Single-family homes in R-15 district along Market Street
Planning Board - November 5, 2020
ITEM: 2 - 2 - 11
Z20-20 Staff Report PB 11.5.2020 Page 12 of 14
Representative Developments of Commercial and Furniture Retail along Principal Arterials:
Commercial and Furniture Retail along Market Street
NEW HANOVER COUNTY STRATEGIC PLAN
• One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage
the development of complete communities in the unincorporated county by increasing
housing diversity and access to basic goods and services.
• The subject site is located in the Ogden community area, where 70% of residents currently
live within one-mile of a provider of convenience needs (grocery stores, retail staples,
pharmacies, etc.) and 94% of residents live within two miles. Provision of convenience needs
at this location is unlikely to increase access for the community’s residents.
• As detached single family homes typical in R-15 zoning districts are the predominant housing
type and make up 92% of residential units in the Ogden community area, the conversion of
these properties to commercial zoning will not decrease housing diversity.
Planning Board - November 5, 2020
ITEM: 2 - 2 - 12
Z20-20 Staff Report PB 11.5.2020 Page 13 of 14
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
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.
Analysis
The subject site is located at the eastern edge of an area that the
Comprehensive Plan ultimately envisions as an Urban Mixed Use place that
would provide goods and services for nearby residents and the larger
community. This designation was applied to the area near Gordon/Market
and Military Cutoff Extension/Market intersections because of the existing
commercial development pattern and high traffic volume. This designation
anticipates the gradual conversion of residential properties along the
Market Street corridor to commercial and mixed use projects.
The site is immediately adjacent to existing commercial to the northeast
along Market St. and existing single-family residential to the north and south
and west. The proposed conditional retail sales and personal services uses
with accessory warehouse is consistent with the types of commercial uses that
would be appropriate in an Urban Mixed Use place type and, as lower
traffic generators, would also serve as an appropriate transition away from
the higher intensity roadway intersections to the west.
Consistency
Recommendation
The proposed rezoning for the retail sales and personal services use with
accessory warehouse is generally CONSISTENT with the types of
commercial uses encouraged in the Urban Mixed Use place type.
N
Planning Board - November 5, 2020
ITEM: 2 - 2 - 13
Z20-20 Staff Report PB 11.5.2020 Page 14 of 14
STAFF RECOMMENDATION
The proposed rezoning is generally CONSISTENT with the goals and objectives of the
Comprehensive Plan and the types of commercial uses encouraged in the Urban Mixed Use place
type, as it is located in an area that the plan ultimately envisions as Urban Mixed Use that would
provide goods and services for nearby residents.
Therefore, staff recommends approval of this application and suggests the following motion:
I move to APPROVE the proposed rezoning to a (CZD) CB district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed uses are consistent with the types of commercial uses that would be
encouraged in the Urban Mixed Use place type and would serve as an appropriate
transition between existing commercial development and adjacent residential
neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in
the public interest because the site is in close proximity to the Military Cutoff Extension
and existing commercial services; therefore, it is unlikely that a new single family
residence will be constructed on the site.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a (CZD) CB district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed uses are consistent with the types of commercial uses that would be
encouraged in the Urban Mixed Use place type and would serve as an appropriate
transition between existing commercial development and adjacent residential
neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public
interest because the proposal is not consistent with the surrounding community and the
use will adversely impact the adjacent neighborhoods.
Planning Board - November 5, 2020
ITEM: 2 - 2 - 14
Planning Board - November 5, 2020
ITEM: 2 - 3 - 1
Planning Board - November 5, 2020
ITEM: 2 - 4 - 1
Planning Board - November 5, 2020
ITEM: 2 - 5 - 1
APPLICANT
MATERIALS
Planning Board - November 5, 2020
ITEM: 2 - 6 - 1
Planning Board - November 5, 2020
ITEM: 2 - 6 - 2
Planning Board - November 5, 2020
ITEM: 2 - 7 - 2
Planning Board - November 5, 2020
ITEM: 2 - 7 - 3
Planning Board - November 5, 2020
ITEM: 2 - 7 - 4
Planning Board - November 5, 2020
ITEM: 2 - 7 - 5
Planning Board - November 5, 2020
ITEM: 2 - 7 - 6
Planning Board - November 5, 2020
ITEM: 2 - 7 - 7
Legal Description for
Conditional Zoning District Petition
On 7036 & 7038 Market Street
Beginning at a point in the southeastern boundary of Market Street (U.S. Hwy. 17), a variable
width public right‐of‐way; said point being located approximately 1557 feet south along that
right‐of‐way from its intersection with Middle Sound Loop Road; and running thence:
South 44031’23” East, 131.39 feet to a point; thence
South 44019’52” East, 108.56 feet to a point; thence
South 44041’03” East, 139.77 feet to a point; thence
South 44020’12” East, 174.35 feet to a point; thence
South 47032’43” West, 175.90 feet to a point; thence
North 44027’39” West, 544.84 feet to a point in the southeastern boundary of Market Street;
thence with that right‐of‐way,
North 44032’27” East, 175.76 feet to the point and place of beginning, containing 2.22 acres,
more or less.
Planning Board - November 5, 2020
ITEM: 2 - 7 - 8
Planning Board - November 5, 2020
ITEM: 2 - 7 - 9
REPORT OF COMMUNITY MEETING NOTIFIACTION
BY NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Project Name: Porch Concepts / 7036 & 7038 Market St
Proposed Zoning: R-15 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: October 5, 2020
Applicant: Design Solutions
By: Cindee Wolf
Planning Board - November 5, 2020
ITEM: 2 - 7 - 10
Community Information
Porch Concepts / 3076 & 3078 Market St
NameAddressEmail (Optional)
Steven H. Everhart1701 Canady Rd severhart@ec.rr.com
Shirlene Spicer7034 Market St spicermuse@gmail.com
Cindee WolfProject Planner cwolf@lobodemar.biz
Planning Board - November 5, 2020
ITEM: 2 - 7 - 11
While I appreciate the fact that a stormwater plan will be developed for this site/project and that the
site plan (now missing from the notice) includes a stormwater detention pond, the community
downstream from the site floods with even minor storms. With removal of the vegetation and
replacement with impervious surface, the stormwater plan MUST take into consideration downstream
flow and as this is a special use permit, any modification to the property MUST insure that downstream
runoff from this property will be ZERO even for a 100 year storm.
Steven H. Everhart, PhD
MAJ (Ret.) USA Medical Service Corps
1701 Canady Rd.
Wilmington, NC 28411
910‐262‐2442
severhart@ec.rr.com
Dr. Everhart,
Thank you for your comments. When I link to the notice it includes the site plan on page two, but I
attached a copy for your convenience.
Detailed stormwater design and permitting will certainly take into consideration ALL aspects of the pre‐
/ post‐ drainage conditions and downstream flow – as per the current regulations.
Your contact will be logged in the report included with the future submittal.
Regards, Cindee
Planning Board - November 5, 2020
ITEM: 2 - 7 - 12
ATTN: Cindee Wolf
My husband and I have received the correspondence dated 15 Sept 2020 advising what is planned for
the properties: 7036 & 7038 Market Street in Wilmington NC. We appreciate you sharing the proposed
plans and we wanted to convey that we are not supporting the current plans that show a retention pond
at the rear of the properties and the parking lot of the proposed businesses facing our adjacent
residential property at 7034 Market Street. We find that having a parking lot directly placed next to the
residence increases the level of crime, lighting and noise levels and so that the parking lot should be
planned to be adjacent to the existing shops and its parking lot to the north of the properties. Thank
you.
Sincerely,
Mrs. Shirlene Spicer
spicermuse@gmail.com
Mrs. Spicer,
Thank you for your comments. I have attached an updated plan on which we’ve mirrored the
layout. The building will now be along your common border – not the parking area. There is also a 20’
planted buffer required along that entire boundary. All existing trees that can be preserved must be,
and then the area will have evergreen shrubbery added to screen the building.
Additionally, there really won’t be a “pond” – something with standing water. This area has soils
adequate for groundwater infiltration. One option is to incorporate infiltration basins under the parking
lot pavement. The other is more like a depression in the ground. When it rains, it may be wet for a
period of time until it seeps in. Otherwise, it stays dry.
I will include your contact information and comments on the report that gets submitted along with the
rezoning petition. Please don’t hesitate to contact me again if you have additional questions.
Thank you, Cindee
Planning Board - November 5, 2020
ITEM: 2 - 7 - 13
Planning Board - November 5, 2020
ITEM: 2 - 7 - 14
Planning Board - November 5, 2020
ITEM: 2- 7 - 15
OWNER NAMEMAILING ADDRESSCITY / STATE / ZIPPROPERTY ADDRESS
C310 CAMPUS PROPERTIES LLC2180 TALMAGE DR LELAND, NC 284517028 MARKET ST WILMINGTON
CASTRO SAUL120 EL OGDEN DR WILMINGTON, NC 28411120 EL OGDEN DR WILMINGTON
CERVANTES ALVARO7015 MARKET ST WILMINGTON, NC 284117043 MARKET ST WILMINGTON
CHASE & DYLAN MIHALY LLC7500 ANACA POINT RD WILMINGTON, NC 284117031 MARKET ST WILMINGTON
CHRISTLEY STEPHEN L KAREN D109 BUFF CIR WILMINGTON, NC 28405109 BUFF CIR WILMINGTON
DITZ GREGORY A RENEE L5516 DAWNING CREEK WAY WILMINGTON, NC 28409114 BUFF CIR WILMINGTON
EVANS ROBERT ETAL7037 MARKET ST WILMINGTON, NC 284057037 MARKET ST WILMINGTON
GAINES JAMES LORI1605 ORION PL WILMINGTON, NC 28405269 BUFF CIR WILMINGTON
GISLASON ERIC TPO BOX 11220WILMINGTON, NC 28404124 EL OGDEN DR WILMINGTON
GLOBAL PROPERTY HOLDINGS LLC6601 SPRING GARDEN DR WILMINGTON, NC 28403101 BUFF CIR WILMINGTON
GROSSMAN SHERWOOD L LOURDES206 EL OGDEN DR WILMINGTON, NC 28405206 EL OGDEN DR WILMINGTON
HALL CATHY S ETAL126 EL OGDEN DR WILMINGTON, NC 28411126 EL OGDEN DR WILMINGTON
HERNANDEZ CYNTHIA4826 WALTMOOR RD WILMINGTON, NC 28409201 BUFF CIR WILMINGTON
K & J HOLDINGS LLC 1645 ARLINGTON BLV E STE EGREENVILLE, NC 278587050 MARKET ST WILMINGTON
K&J HOLDINGS LLC1645 ARLINGTON BLV E STE EGREENVILLE, NC 278587046 MARKET ST WILMINGTON
KAPCZYNSKI COURTNEY TAYLOR ETAL266 BUFF CIR WILMINGTON, NC 28411266 BUFF CIR WILMINGTON
KARP HELEN KATHERINE FUTCHUS218 EL OGDEN DR WILMINGTON, NC 28405218 EL OGDEN DR WILMINGTON
LEGG ROBERT BETTY130 EL OGDEN DR WILMINGTON, NC 28411130 EL OGDEN DR WILMINGTON
LF MANAGEMENT LLC909 CICADA CT WILMINGTON, NC 284057042 MARKET ST WILMINGTON
MARTELLS RICARDO M CHARMAINE D110 BUFF CIR WILMINGTON, NC 28411110 BUFF CIR WILMINGTON
MASSEY DREW E ELISE C403 JEWELL PT WILMINGTON, NC 28411113 BUFF CIR WILMINGTON
MILLIMAN ROBERT J214 EL OGDEN DR WILMINGTON, NC 28405214 EL OGDEN DR WILMINGTON
MT ARARAT AME CHURCH7061 MARKET ST WILMINGTON, NC 284117061 MARKET ST WILMINGTON
MT ARARAT AME CHURCH7065 MARKET ST WILMINGTON, NC 284117065 MARKET ST WILMINGTON
NIXON ASSOCIATES LLC7049 RUTH AVE WILMINGTON, NC 284117035 MARKET ST WILMINGTON
NIXON CARRIE L7048 RUTH AVE WILMINGTON, NC 284117048 RUTH AVE WILMINGTON
NIXON CORNELIUS E III5317 BLUE SAGE DR RALEIGH, NC 276067040 RUTH AVE WILMINGTON
NIXON SANDRA L5317 BLUE SAGE DR RALEIGH, NC 276067044 RUTH AVE WILMINGTON
NIXON TEDDI A277 BUFF CIR WILMINGTON, NC 28411277 BUFF CIR WILMINGTON
PENNINGTON FAMILY TRUST THE721 WASHINGTON ACRES RD HAMPSTEAD, NC 28443102 BUFF CIR WILMINGTON
PENNINGTON FAMILY TRUST THE721 WASHINGTON ACRES RD HAMPSTEAD, NC 28443118 BUFF CIR WILMINGTON
PETTET JAMES RILEY ETAL150 EL OGDEN DR WILMINGTON, NC 28405150 EL OGDEN DR WILMINGTON
PITTMAN FRANCES C138 SOUND BLVD NEWPORT, NC 28570210 EL OGDEN DR WILMINGTON
PLOURDE CHARLES JR208 BUFF CIR WILMINGTON, NC 28405208 BUFF CIR WILMINGTON
SCHLEICHER NICOLE330 LAKE RD NEWPORT, NC 28570207 EL OGDEN DR WILMINGTON
SHEPS LLC1000 CREEKSIDE LN WILMINGTON, NC 284117030 MARKET ST WILMINGTON
SHIFFLETT RANDOLPH F JR LISA W105 BUFF CIR WILMINGTON, NC 28405105 BUFF CIR WILMINGTON
SORDELLINI EDWARD R213 EL OGDEN DR WILMINGTON, NC 28411213 EL OGDEN DR WILMINGTON
SPICER SHERLENE RENE3032 THAYER ST NE WASHINGTON, DC 200187034 MARKET ST WILMINGTON
SUSIE CHRISTY EDENS273 BUFF CIR WILMINGTON, NC 28405273 BUFF CIR WILMINGTON
TAYLOR MARK D ANNA R106 BUFF CIR WILMINGTON, NC 28411106 BUFF CIR WILMINGTON
TYNER KAREN W1123 PARK VIEW DR COVINA, CA 91724142 EL OGDEN DR WILMINGTON
VEGA PACIFIC LLC387 SKYLINE RD HICKORY, NC 28601201 EL OGDEN DR WILMINGTON
WAL WILMINGTON CW LLC2970 PEACHTREE RD STE 805ATLANTA, GA 303057032 MARKET ST WILMINGTON
WILLIAMS KENNETH L GLORIA E7036 RUTH AVE WILMINGTON, NC 284117036 RUTH AVE WILMINGTON
WILLIAMS LOUISE EVANS7047 MARKET ST WILMINGTON, NC 284057047 MARKET ST WILMINGTON
Planning Board - November 5, 2020
ITEM: 2 - 7 - 17
Project Information Notice
September 15, 2020
To: Adjacent Property Owners
Re: 7036 & 7038 Market Street
My clients are interested in purchasing the referenced property for an outdoor furniture store
and an additional building for offices or small retail shops. An exhibit of the site layout is
attached. 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.
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.
Planning Board - November 5, 2020
ITEM: 2 - 7 - 18
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Planning Board - November 5, 2020
ITEM: 2 - 7 - 20
PROPOSED
SITE PLAN
Planning Board - November 5, 2020
ITEM: 2 - 8 - 1
Planning Board - November 5, 2020
ITEM: 2 - 8 - 2
Planning Board - November 5, 2020
ITEM: 2 - 9 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/5/2020
Regular
DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner
CONTACT(S): Brad Schuler; Rebekah Roth, Interim Planning and Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z20-21) – Request by Design Solu4ons on behalf of property owners, William S. and Tara S.
Hackney, and Proclaim Holdings, LLC, to rezone approximately 3.28 acres of land located at 813 and 817 Piner
Road from (CUD) O&I, Condi4onal Use Office and Ins4tu4onal District, to (CZD) CB, Condi4onal Community
Business District, in order to develop a landscape contractor’s office.
BRIEF SUMMARY:
The applicant is seeking to rezone 3.28 acres of land from (CUD) O&I to (CZD) CB in order to develop a landscape
contractor's office.
The exis/ng zoning (CUD) O&I allows the site to be used for office and recrea/on (golf training center) uses. Currently,
two office buildings and one dwelling unit are located on the site. The dwelling was constructed on the site prior to
the property being ini/ally zoned as a condi/onal O&I district in 1997, and was approved to be converted for use as an
office and the golf training center in 2002. However, the recrea/on use never commenced opera/on and the dwelling
s/ll remains as a legal nonconformity.
With the applicant's proposal, the exis/ng office buildings will remain, and a new storage building and company truck
parking area are proposed to be constructed behind the exis/ng structures. The proposal would also allow for the
exis/ng dwelling to be used as a live/work unit for the business, which requires a Special Use Permit (SUP) in the
proposed CB district. The applicant has applied for a separate SUP applica/on for the live/work unit (S20-04) that is
being processed concurrently with this rezoning applica/on.
As currently zoned, it is es/mated the site would generate about 5-10 trips during the weekday peak hours and 20 peak
hour trips on Saturday (generated from the recrea/onal use). The proposed development is es/mated to generate
approximately the same number of trips during the weekday peak hours. The es/mated number of peak hour trips
an/cipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance
requirement for a Traffic Impact Analysis (TIA). NCDOT has reviewed the request and provided preliminary comments
indica/ng that a revised driveway permit will be required and that the driveway radius may need to be enlarged to
accommodate the trucks associated with the business.
The site has been used for office related uses since the late 1990s. The exis/ng office buildings will con/nue to be
used by the business. Contractor offices generally generate fewer trips than other typical commercial uses (retail,
restaurants) with many trips occurring outside of peak hours. The proposed development is es/mated to generate
approximately the same number of trips during the weekday peak hours as the uses currently allowed on the site.
The 2016 Comprehensive Plan classifies the site as General Residen/al. The proposed office and live/work use is
Planning Board - November 5, 2020
ITEM: 3
generally CONSISTENT with the plan because it is located on a site that provides some transi/on between the middle
school and adjacent residen/al proper/es and would allow for reuse of exis/ng structures.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval and suggests the following mo/on:
I move to APPROVE the proposed rezoning to a condi/onal CB district. I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because it will provide an appropriate transi/on between the
adjacent middle school and residen/al proper/es. I also find APPROVAL of the rezoning request is reasonable
and in the public interest because the proposal would allow reuse of the exis/ng structures and because
proposed lawn care business is es/mated to not increase the amount of traffic generated from the site.
[Op4onal] Note any condi/ons to be added to the district.
Example Mo4on for Denial
I move to DENY the proposed rezoning to a condi/onal CB district. While I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because it will provide an appropriate transi/on between
the adjacent middle school and residen/al proper/es, 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 intensity will adversely impact the adjacent neighborhoods.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 5, 2020
ITEM: 3
SCRIPT for Zoning Map Amendment Application (Z20-21)
Request by Design Solutions on behalf of property owners, William S. and Tara S. Hackney, and
Proclaim Holdings, LLC, to rezone approximately 3.28 acres of land located at 813 and 817 Piner Road
from (CUD) O&I, Conditional Use Office and Institutional District, to (CZD) CB, Conditional Community
Business District, in order to develop a landscape contractor’s office.
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 conditional CB district. I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because it will provide an appropriate
transition between the adjacent middle school and residential properties. I also find APPROVAL of
the rezoning request is reasonable and in the public interest because the proposal would allow
reuse of the existing structures and because proposed lawn care business is estimated to not increase
the amount of traffic generated from the site.
[Optional] Note any conditions to be added to the district.
Example Motion of Denial
I move to DENY the proposed rezoning to a conditional CB district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it will provide an
appropriate transition between the adjacent middle school and residential properties, 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 intensity will adversely
impact the adjacent neighborhoods.
Planning Board - November 5, 2020
ITEM: 3 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a conditional CB 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 - November 5, 2020
ITEM: 3 - 1 - 2
Z20-21 Staff Report PB 11.5.2020 Page 1 of 12
STAFF REPORT FOR Z20-21
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z20-21
Request:
Rezoning to a conditional CB district
Applicant: Property Owner(s):
Cindee Wolf – Design Solutions William S. Hackney, Tara S. Hackney, and
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 Contractor Office, Live/Work Unit (with
issuance of SUP – S20-04)
Current Zoning: Proposed Zoning:
(CUD) O&I (CZD) CB
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
Planning Board - November 5, 2020
ITEM: 3 - 2 - 1
Z20-21 Staff Report PB 11.5.2020 Page 2 of 12
ZONING HISTORY
April 7, 1971 The site was initially zoned R-15 (Area 4)
March 10, 1997 Rezoned to (CUD) O&I with a special use permit for a real estate office
March 9, 1998 (CUD) O&I district/SUP modified to allow for general and professional
offices
October 7, 2002 (CUD) O&I district/SUP modified to allow for expansion of the existing
structures and to permit an indoor/outdoor recreation establishment.
COMMUNITY SERVICES
Water/Sewer Water and sewer (via force main connection) available through CFPUA.
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
(However, this proposal will not impact the school system.)
Recreation Myrtle Grove Athletic Complex
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - November 5, 2020
ITEM: 3 - 2 - 2
Z20-21 Staff Report PB 11.5.2020 Page 3 of 12
CURRENT APPROVED CONCEPTUAL SITE PLAN
The subject property is currently zoned (CUD) O&I with a Special Use Permit allowing the
site to be used for office and recreation (golf training center) uses.
Currently, two office buildings and one dwelling unit are located on the site. The dwelling
was constructed on the site prior to the property being initially zoned as a conditional O&I
district in 1997, and was approved to be converted for use as an office and the golf
training center in 2002. However, the recreation use never commenced operation and the
dwelling still remains as a legal nonconformity.
Current Approved Conceptual Plan
Planning Board - November 5, 2020
ITEM: 3 - 2 - 3
Z20-21 Staff Report PB 11.5.2020 Page 4 of 12
APPLICANT’S PROPOSED CONCEPTUAL PLAN
The applicant is proposing to use the site
for a landscape contractor’s business.
The existing office buildings will remain,
and a new storage building and
company truck parking area are
proposed to be constructed behind the
existing structures.
The proposal would also allow for the
existing dwelling to be used as a
live/work unit for the business, which
requires a Special Use Permit (SUP) in
the proposed CB district. The applicant
has applied for a separate SUP
application for the live/work unit (S20-
04) that is being processed concurrently
with this rezoning application.
The plan does not indicate any
improvements will be made in the
northern portion of the site, consisting or
approximately one acre in area and
being 200 feet in length.
The proposal will remove one of the two
existing driveways currently accessing
Piner Road.
ZONING CONSIDERATIONS
In the proposed CB district, outside storage areas are prohibited and all work associated
with contractor operations shall be conducted entirely within enclosed structures.
In the CB district, a minimum 25-foot rear setback, 20-foot interior setback, and 20-foot
opaque bufferyard are required where the development abuts existing residential
properties. Maximum height may not exceed 3 stories or 45-feet, though the existing and
proposed buildings will not exceed 25 feet.
Planning Board - November 5, 2020
ITEM: 3 - 2 - 4
Z20-21 Staff Report PB 11.5.2020 Page 5 of 12
AREA SUBDIVISIONS UNDER DEVELOPMENT
TRANSPORTATION
The site is accessed by Piner Road, a 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.
Planning Board - November 5, 2020
ITEM: 3 - 2 - 5
Z20-21 Staff Report PB 11.5.2020 Page 6 of 12
As currently zoned, it is estimated the site would generate about 5-10 trips during the
weekday peak hours and 20 peak hour trips on Saturday (generated from the
recreational use). The proposed development is estimated to generate approximately
the same number of trips during the weekday peak hours.
A revised NCDOT driveway permit will be required for the proposal. NCDOT provided
preliminary comments indicating that the driveway radius will need to be enlarge to
accommodate the trucks associated with the business.
Based on the operation of the business, it is estimated that many of the trips generated
from office will occur outside of the peak hours. According to the applicant, the field crew
employees arrive at the office at 6:30 AM then leave for the specific jobs sites. They
arrive back at the office around 3:00 PM before leaving for the day.
The site is adjacent to two schools (Myrtle Grove Middle and Myrtle Grove Christian
School). Drop off times range from 7:30-8:30 AM and pick up times range from 2:30-
3:30 PM.
Intensity Approx. Peak Hour Trips*
Existing Development: Office/Recreation 5 AM / 9 PM
20 Saturday
Proposed CB Development: Contractor Office/Live-
Work Unit 6 AM / 7 PM
*Per the Kaylies Cove TIA, the AM peak hour on Piner Road begins at 7:30 and the PM peak hour
begins at 5:00.
Planning Board - November 5, 2020
ITEM: 3 - 2 - 6
Z20-21 Staff Report PB 11.5.2020 Page 7 of 12
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, 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
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Planning Board - November 5, 2020
ITEM: 3 - 2 - 7
Z20-21 Staff Report PB 11.5.2020 Page 8 of 12
Nearby NC STIP Projects:
STIP Project U-5790
o 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 alignment of the roadway and the westbound right turn lane to
S. College Road. The project is currently on hold at this time.
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. Tarin Woods II 219 Single-Family Homes
458 Townhomes
Addendum approved March
26, 2020
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 be completed at this time.
Planning Board - November 5, 2020
ITEM: 3 - 2 - 8
Z20-21 Staff Report PB 11.5.2020 Page 9 of 12
2. Kaylies Cove 110 Single-Family Homes
Approved February 20,
2018
2019 Build Out Year (as
studied in the TIA)
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.
3. Trinity Landing 220 senior adult housing
dwelling units and amenities
Approved June 23, 2017
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
The site has been used for office related uses since the late 1990s. The existing office
buildings will continue to be used by the business.
Contractor offices generally generate fewer trips than other typical commercial uses (retail,
restaurants) with many trips occurring outside of peak hours. The proposed development
is estimated to generate approximately the same number of trips during the weekday
peak hours as the uses currently allowed on the site.
Planning Board - November 5, 2020
ITEM: 3 - 2 - 9
Z20-21 Staff Report PB 11.5.2020 Page 10 of 12
Current Use of the Property:
Example of Proposed Use:
Freedom Lawns in Hampstead
Planning Board - November 5, 2020
ITEM: 3 - 2 - 10
Z20-21 Staff Report PB 11.5.2020 Page 11 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.
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on lower-density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout. Types of uses
include single-family residential, low-density multi-family residential, light
commercial, civic, and recreational.
Analysis
The intent of the General Residential place type is to provide opportunities
for lower density residential development and supportive commercial, civic,
and recreational development. Commercial uses in General Residential
areas are recommended to be “strategically located” office and retail. This
generally means that neighborhood-scale office and retail can be located
at nodes, such as intersections where several neighborhoods have convenient
access, or office and institutional uses can serve as transitions between
residences and more intensive commercial areas.
The subject property, while not located in an area where an office use is as
likely to provide services to nearby properties, is the site of an existing,
longstanding office use. The proposed lawn care business would continue
the existing light office type use, which has been in existence since 1997,
and would add limited vehicle traffic onto Piner Road.
Planning Board - November 5, 2020
ITEM: 3 - 2 - 11
Z20-21 Staff Report PB 11.5.2020 Page 12 of 12
Analysis
Locating the proposed office and live/work use on the proposed site would
be in keeping with the current development pattern and provides some
lower intensity transition between the middle school and adjacent residential
properties.
Consistency
Recommendation
The proposed office and live/work use is generally CONSISTENT with the
2016 Comprehensive Plan because it is located on a site that provides some
transition between the middle school and adjacent residential properties
and would allow for reuse of existing structures.
STAFF RECOMMENDATION
Staff recommends approval and suggests the following motion:
I move to APPROVE the proposed rezoning to a conditional CB district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it will
provide an appropriate transition between the adjacent middle school and residential
properties. I also find APPROVAL of the rezoning request is reasonable and in the public
interest because the proposal would allow reuse of the existing structures and because
proposed lawn care business is estimated to not increase the amount of traffic generated
from the site.
[Optional] Note any conditions to be added to the district.
Example Motion for Denial
I move to DENY the proposed rezoning to a conditional CB district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it will
provide an appropriate transition between the adjacent middle school and residential
properties, 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 intensity will adversely impact the adjacent neighborhoods.
Planning Board - November 5, 2020
ITEM: 3 - 2 - 12
Planning Board - November 5, 2020
ITEM: 3 - 3 - 1
Planning Board - November 5, 2020
ITEM: 3 - 4 - 1
Planning Board - November 5, 2020
ITEM: 3 - 5 - 1
APPLICANT
MATERIALS
Planning Board - November 5, 2020
ITEM: 3 - 6 - 1
Planning Board - November 5, 2020
ITEM: 3 - 6 - 2
Planning Board - November 5, 2020
ITEM: 3 - 7 - 2
Page 2 of 5
Conditional Zoning District Application – Updated 02-2020
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: Total Acreage of Proposed District:
Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the
district, and a project narrative (attach additional pages if necessary). Note: Only uses allowed by right in the
corresponding General Use District are eligible for consideration within a Conditional Zoning District.
4. Proposed Condition(s)
Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater
restrictions on the development and use of the property than the corresponding general use district regulations may
be added. These conditions may assist in mitigating the impacts the proposed development may have on the
surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below.
Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process.
5. Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent
version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must
be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be
included with this application.
ITE Land Use:
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
(CZD) CB 3.78 AC.
SINGLE-TENANT OFFICE BUILDING / 715
1600 S.F GFA
4 3
THERE ARE TWO EXISTING BUILDINGS AT THE FRONT, TOTALLING APPROXIMATELY 1600 S.F.,THAT WILL BE OCCUPIED BY OFFICE USES - TO INCLUDE PRIVATE BUSINESS, PROFESSIONALACTVITIES, AND CONTRACTORS (WITH PRESCRIBED CONDITIONS). A NEW 1530 S.F. STORAGEBUILDING AND PARKING AREA TO ACCOMMODATE THE BUSINESS TRUCKS, DURING OFF-HOURS, IS PROPOSED TOWARDS THE CENTER OF THE PROPERTY - OUT OF SIGHTFROM THE PUBLIC ROADWAY. AN ACCESS DRIVE WILL EXTEND FROM THE EXISTING OFFICE PARKING AREA FOR VEHICULAR TRAVEL AND EMERGENCY SERVICES.
A SPECIAL USE PERMIT WILL BE INCLUDED IN THE APPROVAL PROCESS TO ALLOW THEEXISTING RESIDENCE TO BE USED AS A "LIVE/WORK OR CARETAKER UNIT," ALSO SUBJECTTO PRESCRIBED CONDITIONS.
REFERENCE SITE PLAN FOR LAYOUT, PROPOSED IMPROVEMENTS AND DETAILS.ADDITIONALLY, THE PRESCRIBED CONDITIONS IN SECTION 4.3.2.F.1 OF THE UNIFIEDDEVLEOPMENT ORDINACE WILL BE MET.
Planning Board - November 5, 2020
ITEM: 3 - 7 - 3
Page 3 of 5
Conditional Zoning District Application – Updated 02-2020
6. Conditional Zoning District Considerations
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified
Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for
use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive
conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and
the community at-large.
The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional
Zoning district meets the following criteria.
1. How would the requested change be consistent with the County’s policies for growth and development, as
described in the 2016 Comprehensive Plan, applicable small area plans, etc.
2. How would the requested Conditional Zoning district be consistent with the property’s classification on the
2016 Comprehensive Plan’s Future Land Use Map.
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is
the land involved unsuitable for the uses permitted under the existing zoning?
THE POLICIES FOR GROWTH AND DEVELOPMENT ENCOURAGE CONTINUED EFFORTS TOATTRACT AND MAINTAIN BUSINESSES. THE PETITIONER HAS OPERATED A SUCCESSFULENTERPRISE HERE IN NEW HANOVER COUNTY FOR OVER 21 YEARS, BUT CURRENTLYOCCUPIES A LEASED SPACE. THE PURPOSE IS TO HAVE OWNERSHIP OF THE PROPERTYAND ADMINISTER THE BUSINESS FROM THE EXISTING OFFICE BUILDINGS.
THE TRACT IS IDENTIFIED IN THE COMPREHENSIVE LAND USE PLAN AS A "GENERALRESIDENTIAL" PLACE-TYPE. HOWEVER, IT IS IMMEDIATELY ADJACENT TO THE "URBANMIXED-USE" PLACE-TYPE THAT IS PART OF THE MONKEY JUNCTION GROWTH NODE.LOWER-DENSITY COMMERCIAL USES, SUCH AS OFFICES, ARE ACCEPTABLE. PINERROAD IS A MINOR ARTERIAL ROADWAY.
THE TRACT IS ALREADY BEING USED FOR OFFICE PURPOSES, BUT IS LIMITED DUE TO ITSUNDERLYING OFFICE & INSTITUTIONAL ZONING DISTRICT. THE REQUESTED CHANGE ISSOLELY FOR THE PURPOSE OF ADDING THE USE OF "CONTRACTOR OFFICE" FOR THEPETITIONER'S SPECIFIC BUSINESS.
Planning Board - November 5, 2020
ITEM: 3 - 7 - 4
Planning Board - November 5, 2020
ITEM: 3 - 7 - 5
Planning Board - November 5, 2020
ITEM: 3 - 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 56051’17” West, 209.83 feet along the said right‐of‐way to a point; thence
North 20044’46” East, 693.99 feet to a point; thence
South 58008’48” East, 208.90 feet to a point; thence
South 20045’00” West, 698.80 feet to the point and place of beginning, containing
3.28 acres, more or less.
Planning Board - November 5, 2020
ITEM: 3 - 7 - 7
Planning Board - November 5, 2020
ITEM: 3 - 7 - 8
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) O&I 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: October 5, 2020
Applicant: Design Solutions
By: Cindee Wolf
Planning Board - November 5, 2020
ITEM: 3 - 7 - 9
Community Information
Freedom Lawns / 813 & 817 Piner Road
NameAddressEmail (Optional)
Sean P. Mulligan5756 Highgrove Place seanpmulligan@gmail.com
Cindee WolfProject Planner cwolf@lobodemar.biz
Planning Board - November 5, 2020
ITEM: 3 - 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
Planning Board - November 5, 2020
ITEM: 3 - 7 - 11
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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.
Planning Board - November 5, 2020
ITEM: 3 - 7 - 14
Planning Board - November 5, 2020
ITEM: 3 - 7 - 15
Planning Board - November 5, 2020
ITEM: 3 - 7 - 16
PROPOSED
SITE PLAN
Planning Board - November 5, 2020
ITEM: 3 - 8 - 1
Planning Board - November 5, 2020
ITEM: 3 - 8 - 2
Planning Board - November 5, 2020
ITEM: 3 - 9 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/5/2020
Regular
DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner
CONTACT(S): Brad Schuler; Rebekah Roth, Interim Planning and Land Use Director
SUBJECT:
Quasi-Judicial Hearing
Special Use Permit Request (S20-04) – Request by Design Solu6ons 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,
Condi6onal Community Business District, associated with Rezoning Request Z20-21, located at 813 and 817 Piner
Road.
BRIEF SUMMARY:
The applicant is seeking a Special Use Permit for a live/work or caretaker unit associated with a landscape contrac#ng
business located at 813 & 817 Piner Road.
This applica#on is for the same property that the applicant is also proposing to rezone to a condi#onal CB district
(Z20-21). Dwelling units are not permi3ed 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 con#nued to be occupied
provided use of the structure as a dwelling is not discon#nued for a period of 180 consecu#ve 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 es#mated that
there will be no change in the trips generated from this site with this proposal. The es#mated number of peak hour
trips an#cipated with the proposed development is below the 100 peak hour trip threshold that triggers the ordinance
requirement for a Traffic Impact Analysis (TIA).
An exis#ng single-family dwelling is currently located and occupied on the site and approval of the SUP would remove
the dwelling's nonconforming status and allow for minor expansions in accordance with the standards of the UDO.
The 2016 Comprehensive Plan classifies the site as General Residen#al. The purpose of the this classifica#on is to
provide opportuni#es for lower density housing and suppor#ve commercial, civic, and recrea#onal development.
STRATEGIC PLAN ALIGNMENT:
Planning Board - November 5, 2020
ITEM: 4
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Example Mo6on for Approval:
Mo#on to approve, as the Board finds that this applica#on for a Special Use Permit meets the four required
conclusions based on the findings of fact included in the Staff Report.
[OPTIONAL] Note any addi#onal findings of fact related to the four required conclusions.
[OPTIONAL] Note any condi#ons be added to the development:
[List Condi ons]
Example Mo6on for Denial:
Mo#on to deny, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required condi#ons and specifica#ons of the Unified Development Ordinance;
3. Will not substan#ally injure the value of adjoining or abuEng 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 applica on does not meet and include reasons to why it is not being met]
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 5, 2020
ITEM: 4
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
6. Ask Applicant whether he/she agrees with staff findings.
7. Vote on the Special Use Permit application.
Motion to approve the permit - All findings are positive.
Motion to approve the permit, subject to conditions specified below:
(State Conditions)
___________________________________________________________________________
___________________________________________________________________________
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:
________________________________________________________________________
________________________________________________________________________
Planning Board - November 5, 2020
ITEM: 4 - 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]
Planning Board - November 5, 2020
ITEM: 4 - 1 - 2
S20-04 Staff Report PB 11.5.2020 Page 1 of 12
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
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) O&I (CZD) CB - pending rezoning application
Z20-21
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
Planning Board - November 5, 2020
ITEM: 4 - 2 - 1
S20-04 Staff Report PB 11.5.2020 Page 2 of 12
ZONING HISTORY
April 7, 1971 The site was initially zoned R-15 (Area 4)
March 10, 1997 Rezoned to (CUD) O&I with a special use permit for a real estate office
March 9, 1998 (CUD) O&I district/SUP modified to allow for general and professional
offices
October 7, 2002 (CUD) O&I district/SUP modified to allow for expansion of the existing
structures and to permit an indoor/outdoor recreation establishment.
COMMUNITY SERVICES
Water/Sewer Water and sewer (via force main connection) available through CFPUA.
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
(However, this proposal will not impact the school system.)
Recreation Myrtle Grove Athletic Complex
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - November 5, 2020
ITEM: 4 - 2 - 2
S20-04 Staff Report PB 11.5.2020 Page 3 of 12
APPLICANT’S 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 story (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.
Proposed Conceptual Plan
Planning Board - November 5, 2020
ITEM: 4 - 2 - 3
S20-04 Staff Report PB 11.5.2020 Page 4 of 12
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
Planning Board - November 5, 2020
ITEM: 4 - 2 - 4
S20-04 Staff Report PB 11.5.2020 Page 5 of 12
TRANSPORTATION
The site is accessed by Piner Road, a 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
Planning Board - November 5, 2020
ITEM: 4 - 2 - 5
S20-04 Staff Report PB 11.5.2020 Page 6 of 12
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
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 alignment of the roadway and the westbound right turn lane to
S. College Road. The project is currently on hold at this time.
Planning Board - November 5, 2020
ITEM: 4 - 2 - 6
S20-04 Staff Report PB 11.5.2020 Page 7 of 12
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. Tarin Woods II 219 Single-Family Homes
458 Townhomes
Addendum approved March
26, 2020
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 be completed at this time.
2. Kaylies Cove 110 Single-Family Homes
Approved February 20,
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.
Planning Board - November 5, 2020
ITEM: 4 - 2 - 7
S20-04 Staff Report PB 11.5.2020 Page 8 of 12
3. Trinity Landing 220 senior adult housing
dwelling units and amenities
Approved June 23, 2017
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.
Planning Board - November 5, 2020
ITEM: 4 - 2 - 8
S20-04 Staff Report PB 11.5.2020 Page 9 of 12
Existing Dwelling Located on the Property:
Planning Board - November 5, 2020
ITEM: 4 - 2 - 9
S20-04 Staff Report PB 11.5.2020 Page 10 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.
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on lower-density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout. Types of uses
include single-family residential, low-density multi-family residential, light
commercial, civic, and recreational.
Analysis
The 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
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.
Planning Board - November 5, 2020
ITEM: 4 - 2 - 10
S20-04 Staff Report PB 11.5.2020 Page 11 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 Z20-21)
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.
Planning Board - November 5, 2020
ITEM: 4 - 2 - 11
S20-04 Staff Report PB 11.5.2020 Page 12 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.
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]
Planning Board - November 5, 2020
ITEM: 4 - 2 - 12
Planning Board - November 5, 2020
ITEM: 4 - 3 - 1
Planning Board - November 5, 2020
ITEM: 4 - 4 - 1
Planning Board - November 5, 2020
ITEM: 4 - 5 - 1
APPLICANT
MATERIALS
Planning Board - November 5, 2020
ITEM: 4 - 6 - 1
Planning Board - November 5, 2020
ITEM: 4 - 6 - 2
Planning Board - November 5, 2020
ITEM: 4 - 7 - 1
Page 2 of 6
Special Use Permit Application – Updated 02-2020
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).
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.
5. Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version
of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be
completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be
included with this application.
ITE Land Use:
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
THERE IS AN EXISTING RESIDENCE ON THE PROPERTY. THE PETITIONER SEEKS TO ALLOWIT TO BE USED AS A "LIVE-WORK OR CARETAKER UNIT" WHICH REEQUIRES A SPECIAL USEPERMIT.
REFERENCE THE SITE PLAN FOR LAYOUT AND DETAILS OF THE RESIDENCE. ADDITIONALLY,ALL OF THE PRESCRIBED CONDITIONS OF THE UNIFIED DEVELOPMENT ORDINANCE HAVEBEEN MET AS DESCRIBED IN SECTION 4.3.2.A.7.
SINGLE-TENANT OFFICE BUILDING / 715
1600 S.F. GFA
4 3
Planning Board - November 5, 2020
ITEM: 4 - 7 - 2
Page 3 of 6
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.
2. The use meets all required conditions and specifications of the Unified Development Ordinance.
THE PROPOSED RESIDENCE IS EXISTING, AND SERVICED BY A PUBLIC WATER SYSTEMAND A PRIVATE SEPTIC SYSTEM. ITS ACCESS IS FROM THE SAME DRIVEWAY FOR THEPRIMARY OFFICE USE, AND ADDITIONAL PARKING SPACES ARE AVAILABLE IMMEDIATELYADJACENT TO THE HOME. ALLOWING THE OWNER OR A FULL-TIME EMPLOYEE OF THEBUSINESS TO RESIDE ON THE PROPERTY PROVIDES SECURITY FOR THE PREMISES ANDTHE COMPANY VEHICLES THAT ARE PARKED OVERNIGHT AND WEEKENDS.
A "LIVE/WORK OR CARETAKER UNIT" IS PERMITTED BY PRESCRIBED CONDITIONS INSECTION 4.3.2.A.7 OF THE UDO. ALL OF THOSE CRITERIA ARE SATISFIED.
Planning Board - November 5, 2020
ITEM: 4 - 7 - 3
Page 4 of 6
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.
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 HOUSE THAT IS TO BE USED FOR THE "LIVE / WORK OR CARETAKER" RESIDENCE ISEXISTING. IT IS LOCATED ON THE PORTION OF THE TRACT CLOSEST TO THE MYRTLEGROVE SCHOOL. THERE HAS BEEN NO EVIDIENCE THAT IT HAS HAD AN ADVERSE IMPACTTO ANY OTHER ADJACENT PROPERTIES. APPROVAL OF THE ASSOCIATED CONDITIONALZONING DISTRICT CHANGE TO ALLOW THE CONTRACTOR OFFICE WILL INCLUDE UPGRADEOF LANDSCAPING. EXISTING BUFFERYARDS WILL BE VERIFIED FOR THEIR SUFFICENCY,OR SUPPLEMENTED TO ASSURE THAT THE USE IS VISUALLY SCREENED.
THE TRACT IS IDENTIFIED I THE COMPREHANSIVE LAND USE PLAN AS A "GENERALRESIDNETIAL PLACE-TYPE. LOWER-DENSITY COMMERICLA USES, SUCH AS OFFICES,ARE ACCEPTABLE, AND HAVING AN ON-SITE RESIDENCE PROMOTES MIXED-USESTRATEGIES THAT REDUCE VEHICULAR TRAFFIC AND MAXIMIZE LAND USE EFFICIENCY.
Planning Board - November 5, 2020
ITEM: 4 - 7 - 4
Planning Board - November 5, 2020
ITEM: 4 - 7 - 5
Planning Board - November 5, 2020
ITEM: 4 - 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 56051’17” West, 209.83 feet along the said right‐of‐way to a point; thence
North 20044’46” East, 693.99 feet to a point; thence
South 58008’48” East, 208.90 feet to a point; thence
South 20045’00” West, 698.80 feet to the point and place of beginning, containing
3.28 acres, more or less.
Planning Board - November 5, 2020
ITEM: 4 - 7 - 7
Planning Board - November 5, 2020
ITEM: 4 - 7 - 8
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) O&I 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: October 5, 2020
Applicant: Design Solutions
By: Cindee Wolf
Planning Board - November 5, 2020
ITEM: 4 - 7 - 9
Community Information
Freedom Lawns / 813 & 817 Piner Road
NameAddressEmail (Optional)
Sean P. Mulligan5756 Highgrove Place seanpmulligan@gmail.com
Cindee WolfProject Planner cwolf@lobodemar.biz
Planning Board - November 5, 2020
ITEM: 4 - 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
Planning Board - November 5, 2020
ITEM: 4 - 7 - 11
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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.
Planning Board - November 5, 2020
ITEM: 4 - 7 - 14
Planning Board - November 5, 2020
ITEM: 4 - 7 - 15
Planning Board - November 5, 2020
ITEM: 4 - 7 - 16
PROPOSED
SITE PLAN
Planning Board - November 5, 2020
ITEM: 4 - 8 - 1
Planning Board - November 5, 2020
ITEM: 4 - 8 - 2
Planning Board - November 5, 2020
ITEM: 4 - 9 - 1