2021-03 PB 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
Paul Boney, Chair | Jeffrey P Petroff, Vice-Chair
Thomas 'Jordy' Rawl | Ernest Olds | Donna Girardot | H. Allen Pope | Colin J. Tarrant
Rebekah Roth, Director| Ken Vafier, Planning Manager
MARCH 4, 2021 6:00 PM
Mee2ng Called to Order by Chair, Paul Boney
Pledge of Allegiance by 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 (Z21-03) – Request by Terroir Development, LLC on behalf of the property
owners, Charles R. Clay, Sr., and the Essie W. Clay Revocable Living Trust, to rezone
approximately 5.12 acres of land located at 4615 Gordon Road from R-15, ResidenDal District,
to (CZD) RMF-M, CondiDonal ResidenDal MulD-Family Moderate Density District, in order to
develop an 84-unit mulD-family project.
OTHER ITEMS
1 Workforce Housing Ini2a2ves Update
2 Unified Development Ordinance Update (State Law and Ongoing Maintenance Amendments)
3 Unified Development Ordinance Update (Stormwater Ordinance)
Planning Board - March 4, 2021
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 3/4/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner
CONTACT(S): Brad Schuler; Rebekah Roth, Planning and Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z21-03) – Request by Terroir Development, LLC on behalf of the property owners, Charles R.
Clay, Sr., and the Essie W. Clay Revocable Living Trust, to rezone approximately 5.12 acres of land located at 4615
Gordon Road from R-15, ResidenAal District, to (CZD) RMF-M, CondiAonal ResidenAal MulA-Family Moderate
Density District, in order to develop an 84-unit mulA-family project.
BRIEF SUMMARY:
The applicant is seeking to rezone approximately 5.12 acres of land located at 4615 Gordon Road from R-15 to RMF-
M in order to develop an 84-unit mul.-family project.
The applicant has proposed and agreed to a condi.on that requires the development to be awarded Low-Income
Housing Tax Credits through the North Carolina Housing Finance Agency. This would restrict the residents’ incomes to
under 80% area median income (AMI). In addi.on, 21 of the proposed units would be restricted to residents whose
incomes are 30% or below AMI.
Under the current zoning, a performance residen.al development would be permi=ed up to 13 dwelling units on the
site at a density of 2.5 du/ac. The proposed 84 units equate to an overall density of 16.4 du/ac.
As currently zoned, it is es.mated the site would generate about 14 trips during the peak hours if developed at the
permi=ed density. The proposed development would increase the es.mated number of peak hour trips by about 15-25
trips during the peak hours. However, according to the applicant, residents who are earning 30% or less than average
median income (AMI) are typically seniors or persons with disabili.es who either generally drive outside of the peak
hours or rely on other modes of transporta.on. The es.mated traffic generated from the site is under the 100 peak
hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis. In addi.on, this proposal is
es.mated to generate less traffic than the recrea.onal use SUP approved by the Board of Commissioners for this
property in 2018.
Based on a generalized historic genera.on rate, staff would es.mate that the increase in homes would result in
approximately 18 addi.onal students than would be generated under current zoning. However, affordable housing
developments may be more likely to provide housing for families with school-age children, so the proposed rezoning
may generate more students than would be es.mated using the historic genera.on rate es.mates. Please refer to the
Schools sec.on included in this report for addi.onal informa.on on school enrollment and capacity.
The property is located adjacent to the Gordon Road/I-40 interchange and shares access with an exis.ng gas sta.on
and storage lot. In addi.on, two nearby residen.al developments have obtained a Special Use Permit to exceed the
maximum density of the base residen.al district and include mul.-family housing. Due to the loca.on and surrounding
development pa=ern, it is less likely the site will be developed with low density housing. The .ming of the Gordon Road
Planning Board - March 4, 2021
ITEM: 1
widening project has also been accelerated and is now scheduled to begin in 2024. Lastly, the proposed RMF-L district
will increase the completeness of communi.es, one the Board of Commissioners' strategic goals.
The 2016 Comprehensive Plan classifies the site as General Residen.al. The proposed development is
INCONSISTENT with the General Residen.al place type because the proposed density is greater than the density
recommended for this place type. However, staff is suppor.ve of the proposed development as it is aligned with the
goals of the Comprehensive Plan for providing affordable housing and crea.ng complete communi.es. It also is
aligned with the Comprehensive Plan’s intent of providing an orderly transi.on of uses from higher intensity to lower
intensity areas and providing for a range of housing types. The proposed moderate density mul.-family housing is also
consistent with the exis.ng development pa=ern of the surrounding area.
As state law dictates, if the rezoning were to be approved even though inconsistent with the Comprehensive Plan, the
Plan must be concurrently amended to reflect the specific place type that is most similar to the proposed
development.
Therefore, it is staff’s recommenda.on to amend the place type for the subject site to Community Mixed Use because
the proposal is in line with the recommended density of the place type. This place type is also more appropriate for the
area because single-family homes are less likely to be built immediately adjacent to major thoroughfares, and this
place type would encourage the development of projects that would provide a buffer and serve as a transi.on to the
exis.ng single-family residences along Gordon Road.
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 themEnsure NHC has appropriate housing to
support business growthIncrease connec.vity of residents to each other and their investment to New Hanover
County
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the proposal and the reclassifica.on the subject site from General Residen.al to
Community Mixed Use. Staff suggests the following mo.on:
I move to APPROVE the proposed rezoning to a Condi.onal RMF-M district. While I find it to be
INCONSISTENT with the purposes and intent of the Comprehensive Plan because the project exceeds
the density recommended for the General Residen.al place type, I find APPROVAL of the rezoning
request is reasonable and in the public interest because the proposal would provide an appropriate
transi.on from a major thoroughfare to exis.ng single-family housing, is consistent with the development
pa=ern of the surrounding proper.es, and supports the County's goals of providing for a range of housing
types and opportuni.es for households of different sizes and income levels.
In accordance with the North Carolina General Statutes, I move to reclassify the property from the
General Residen.al place type to the Community Mixed Use place type. I find the proposal is consistent
with the recommended building types and densi.es of the Community Mixed Use classifica.on. In
addi.on, the Community Mixed Use classifica.on would encourage the development of projects that
would be=er serve as a transi.on between a major thoroughfare and single-family housing.
[OpAonal] Note any condi.ons to be added to the district:
Planning Board - March 4, 2021
ITEM: 1
1. The development must be awarded Low-Income Housing Tax Credits through the North Carolina Housing
Finance Agency.
2. Appropriate pavement markings shall be installed along the 60-foot access easement from Gordon Road to the
subject site to iden.fy two lanes of travel. In addi.on, no parking shall be permi=ed within the easement and
“no parking” signs shall be installed in accordance with the North Carolina Fire Code.
AlternaAve MoAon for Denial
I move to DENY the proposed rezoning to a Condi.onal RMF-M district. I find it to be INCONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposal exceeds the density
recommended for the General Residen.al place type. I also find DENIAL of the rezoning request is
reasonable and in the public interest because the proposal is not consistent with the desired character of
the surrounding community and the density will adversely impact the adjacent neighborhoods.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - March 4, 2021
ITEM: 1
SCRIPT for Zoning Map Amendment Application (Z21-03)
Request by Terroir Development, LLC on behalf of the property owners, Charles R. Clay, Sr., and the
Essie W. Clay Revocable Living Trust, to rezone approximately 5.12 acres of land located at 4615
Gordon Road from R-15, Residential District, to (CZD) RMF-M, Conditional Residential Multi-Family
Moderate Density District, in order to develop an 84-unit multi-family project.
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 RMF-M district. While I find it to
be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the project
exceeds the density recommended for the General Residential place type, I find
APPROVAL of the rezoning request is reasonable and in the public interest because the
proposal would provide an appropriate transition from a major thoroughfare to existing
single-family housing, is consistent with the development pattern of the surrounding properties,
and supports the County’s goals of providing for a range of housing types and opportunities
for households of different sizes and income levels.
In accordance with the North Carolina General Statutes, I move to reclassify the property from
the General Residential place type to the Community Mixed Use place type. I find the
proposal is consistent with the recommended building types and densities of the Community
Mixed Use classification. In addition, the Community Mixed Use classification would encourage
the development of projects that would better serve as a transition between a major
thoroughfare and single-family housing.
[Optional] Note any conditions to be added to the district:
1. The development must be awarded Low-Income Housing Tax Credits through the North
Carolina Housing Finance Agency.
Planning Board - March 4, 2021
ITEM: 1 - 1 - 1
2. Appropriate pavement markings shall be installed along the 60-foot access easement from
Gordon Road to the subject site to identify two lanes of travel. In addition, no parking shall
be permitted within the easement and “no parking” signs shall be installed in accordance with
the North Carolina Fire Code.
Example Motion of Denial
I move to DENY the proposed rezoning to a Conditional RMF-M district. I find it to be
INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal
exceeds the density recommended for the General Residential place type. I also find DENIAL
of the rezoning request is reasonable and in the public interest because the proposal is not
consistent with the desired character of the surrounding community and the density will
adversely impact the adjacent neighborhoods.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a Conditional RMF-M district. I find it to
be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because
[insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest
because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - March 4, 2021
ITEM: 1 - 1 - 2
Z21-03 Staff Report PB 3.4.2021 Page 1 of 15
STAFF SUMMARY OF Z21-03
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z21-03
Request:
Rezoning to a Conditional RMF-M district
Applicant: Property Owner(s):
Stephanie Norris with Terroir Development, LLC Charles R. Clay, Sr. and Essie W. Clay
Revocable Living Trust
Location: Acreage:
4615 Gordon Road 5.12
PID(s): Comp Plan Place Type:
R04300-001-007-000 General Residential
Existing Land Use: Proposed Land Use:
Undeveloped Multi-Family
Current Zoning: Proposed Zoning:
R-15, Residential (CZD) RMF-M
ADA = Additional Dwelling Allowance Special Use Permit (SUP) for greater density than permitted by-right in
base zoning district – formerly titled High Density SUP
SURROUNDING AREA
LAND USE ZONING
North Multi-Family Residential R-15
East Single-Family Residential R-15
South Single-Family Residential, Gas Station R-15, (CUD) B-1
West Storage, I-40 (CUD) B-1
Planning Board - March 4, 2021
ITEM: 1 - 2 - 1
Z21-03 Staff Report PB 3.4.2021 Page 2 of 15
ZONING HISTORY
July 7, 1972 Initially zoned R-15 (Area 8B)
COMMUNITY SERVICES
Water/Sewer Water and sewer services are available through CFPUA via mainline
extension
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Murrayville Station
Schools Murrayville Elementary, Trask Middle, and Laney High Schools
Recreation Smith Creek Park, Parkwood Recreation Area, Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The Conservation Resources Map indicates that swamp forest wetlands may
be present on the site. The applicant’s conceptual site plan indicates that
there are approximately 0.8 acres of wetlands on the site. Verification of
regulated the wetlands will be required during the site plan review process.
Conservation space is required for pocosin or swamp forest wetlands when
at least five acres of the resource exists on the property.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - March 4, 2021
ITEM: 1 - 2 - 2
Z21-03 Staff Report PB 3.4.2021 Page 3 of 15
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Includes Staff Markups
The applicant is proposing to construct an 84-unit multi-family project. The units will be
located within three buildings containing 24-36 units each. The buildings will be three stories
with a maximum height of 45 feet.
The applicant is seeking Low-Income Housing Tax Credits through the North Carolina Housing
Finance Agency which would restrict the residents’ incomes to under 80% area median
income (AMI). In addition, 21 of the proposed units will be restricted to residents whose
incomes are 30% or below AMI.
The proposal would include about 1.7 acres of open space (34% of the site), which exceeds
the County’s requirement of providing 20% open space.
ZONING CONSIDERATIONS
The R-15 district in this area was established in 1972. At the time, the purpose of the R-15
district was to ensure that housing served by private septic and well would be developed
at low densities. Since that time, water and sewer services have become available to the
surrounding area; however, the Gordon Road corridor is mostly zoned for low density
housing.
While the R-15 district is the predominant zoning in the surrounding area, two nearby
developments obtained special use permits to exceed the maximum density of the base
zoning district of 2.5 du/ac (Hawthorne at Smith Creek Apts - 7.72 du/ac, and The Landing
at Lewis Creek Estates – 5.15 du/ac).
Under the County’s performance residential standards, the site would be permitted up to
13 dwelling units at a density of 2.5 du/ac. The proposed 84 units equate to an overall
density of 16.4 du/ac.
Planning Board - March 4, 2021
ITEM: 1 - 2 - 3
Z21-03 Staff Report PB 3.4.2021 Page 4 of 15
In 2018, the Board of Commissioners approved a Special Use Permit application that would
have allowed for the development of an indoor/outdoor recreation center on the subject
site. That permit has since expired.
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - March 4, 2021
ITEM: 1 - 2 - 4
Z21-03 Staff Report PB 3.4.2021 Page 5 of 15
TRANSPORTATION
Access is proposed to be provided to the subject property from Gordon Road, an NCDOT-
maintained arterial street. The access is shared with the adjacent gas station and storage
lot within an existing 60’ access easement.
The shared access does not permit left-out movements which requires motorists leaving the
site seeking to travel east on Gordon Road to initially go west and then make a u-turn at
the N. College Road intersection. This u-turn lane was recently extended with The Landing
at Lewis Creek Estates development. According to the Traffic Impact Analysis (TIA)
completed for that development, the N. College Road and Gordon Road intersection was
estimated to operate at a “D” Level of Service (LOS) in 2021 when that project is expected
to be completed.
The applicant has also designed the site to allow for a future connection to Rosebay
Terrance, a private road that accesses the neighboring Hawthorne at Smith Creek
apartment complex. A connection to this road would allow motorists to travel to the signal
on Gordon Road at Blount Drive, and for the neighboring residents to travel to the Buy
Quick gas station without having to travel on Gordon. The applicant has reached out to the
owners of the Hawthorne project to see if an agreement for the connection could be
established.
Planning Board - March 4, 2021
ITEM: 1 - 2 - 5
Z21-03 Staff Report PB 3.4.2021 Page 6 of 15
As currently zoned, it is estimated the site would generate about 14 trips during the peak
hours if developed at the permitted density. The proposed development would increase
the estimated number of peak hour trips by about 15-25 trips during the peak hours.
However, according to the applicant, residents who are earning 30% or less than average
median income (AMI) are typically seniors or persons with disabilities who either generally
drive outside of the peak hours or rely on other modes of transportation.
The estimated trip generation for the proposal is less than the recreation center approved
for the site in 2018. That center was estimated to have generated around 50-60 trips
during the peak hours.
The estimated traffic generated from the site is under the 100 peak hour threshold that
triggers the ordinance requirement for a Traffic Impact Analysis.
Because a TIA is not required to analyze transportation impacts at this time, Staff has
provided the volume to capacity ratio for the adjacent roadways near the subject site.
While volume to capacity ratio, based on average daily trips, can provide a general idea
of the function of adjacent roadways, the delay vehicles take in seconds to pass through
intersections is generally considered a more effective measure when determining the Level
of Service of a roadway.
NCDOT Average Annual Daily Traffic (AADT) - 2019
Road Location Volume Capacity V/C
Gordon Road 4400 Block 22,500 19,600 1.15
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development
under Current Zoning:
13 Single-Family
Dwellings 14 AM / 14 PM
Proposed
Development:
84 Mid-Rise Multi-
Family Units 29 AM / 37 PM
Planning Board - March 4, 2021
ITEM: 1 - 2 - 6
Z21-03 Staff Report PB 3.4.2021 Page 7 of 15
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
STIP Project U-6202
o Project to widen Gordon Road from the I-40 ramps to Market Street. The widening
of Gordon Road will result in the road having four lanes and a center median. The
project is currently scheduled to begin in the summer of 2024.
U-5792 (College/MLK Interchange) & U-5881 (College Road Improvements)
o Project to upgrade College Road from Gordon Road to New Centre Drive. NCDOT’s
recommended plans for these projects include converting certain intersections along
College Road into interchanges, including at MLK Parkway and Kings Drive.
o The College/MLK Interchange project is currently scheduled to begin in 2026 and the
College Road Improvements projects is scheduled to begin after 2030.
Planning Board - March 4, 2021
ITEM: 1 - 2 - 7
Z21-03 Staff Report PB 3.4.2021 Page 8 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. The Landing at
Lewis Creek
207 single-family dwellings
40 townhome units
192 multi-family units
TIA approved September 6,
2017
2021 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Extension of the northbound turn lane on Gordon Road and North College Road/I-40
westbound ramps.
Extension of the existing westbound left-turn lane and extend the existing southbound
left turn lane on Gordon road and North College Road/I-40 eastbound Ramps.
Signalization of the intersection of Gordon and Blount Drive (site access). Installation of
a westbound-left turn lane on Gordon Road and eastbound right-turn lane on Gordon
Road at the site access.
Nearby Proposed Developments included within the TIA:
Gordon Road Buy Quick
Development Status: 190 lots have been platted at this time. Currently all roadway
improvements have been completed.
Proposed Development Land Use/Intensity TIA Status
2. Smith Creek Village
Development
318 multi-family units
TIA approved February 7,
2019
2020 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
At site access construction of a right-in/right-out only access and stop control for egress
traffic.
Installation of a westbound right-turn lane and southbound left-turn lane at Gordon
Road and Blount Drive.
Nearby Proposed Developments included within the TIA:
The Landing at Lewis Creek Estates Subdivision
Development Status: Completed. All roadway improvements have been completed.
Planning Board - March 4, 2021
ITEM: 1 - 2 - 8
Z21-03 Staff Report PB 3.4.2021 Page 9 of 15
ENVIRONMENTAL
The property contains an AE Special Flood Hazard Area along the northern boundary,
however, no buildings are proposed within it.
The property does not contain any Natural Heritage Areas.
The property is within the Smith Creek (C;Sw) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (moderate limitation), Class III (severe limitation), and Class IV
(unsuitable) soils. However, the site is expected to be served by CFPUA when developed.
OTHER CONSIDERATIONS
SCHOOLS
Students living in the proposed development would be assigned to Murrayville Elementary
School, Trask Middle School, and Laney High School. Students may apply to attend public
magnet, year-round elementary, or specialty high schools.
A maximum of 13 dwelling units would be permitted under the current R-15 zoning base
density, and 84 units could potentially be developed under the proposed zoning for an
increase of 71 dwelling units.
Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 18 additional students than would be generated under
current zoning. However, affordable housing developments may be more likely to provide
housing for families with school-age children, so the proposed rezoning may generate more
students than would be estimated using the historic generation rate.
Development Type Intensity Estimated Student Generation
(generalized historic student generation rate)*
Existing Development Undeveloped Total: 0
(0 elementary, 0 middle, 0 high
Typical Development
under Current R-15 Zoning 13 residential units Total: 2
(1 elementary, 0 middle, 1 high)
Proposed (CZD) RMF-M
Zoning 84 residential units Total: 20
(9 elementary, 4 middle, 6 high)
* Generalized historic generation rates are calculated by dividing the projected New Hanover County public school
student enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. Currently,
there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high)
generated per dwelling unit across New Hanover County. These numbers are updated annually and include students
attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTECH. Generation
rates do not take into account different housing types and different locations, which typically yield different numbers
of students.
Since the proposed development is likely to have a build-out date within 5 years, staff has
outlined existing school capacity to provide a general idea of the potential impact on public
schools.
These numbers do not reflect any future capacity upgrades that may occur over the next
five years or changes to student populations.
Planning Board - March 4, 2021
ITEM: 1 - 2 - 9
Z21-03 Staff Report PB 3.4.2021 Page 10 of 15
School Enrollment* and Capacity** - 2020-2021 Estimates
* Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2020-2021 school
year.
** Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year and are
based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements
unique to a particular school. These may include exceptional children’s classrooms beyond the original building design,
classrooms to serve a unique population such as ESL, or classrooms designated for art and music if the building wasn’t
specifically designed with those spaces.
School staff presented a facility needs survey to the Board of Education on January 5, 2021
that included updated NC Department of Public Instruction student growth projections and
school capacity data. While Planning staff does not yet have information specific to the
projected enrollment and capacity of the schools that would be affected by this request, it
appears that planned facility upgrades, combined with changes to student enrollment
patterns, will result in adequate capacity district-wide over the next five years if facility
upgrades are funded.
NEW HANOVER COUNTY STRATEGIC PLAN
One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage
the development of complete communities in the unincorporated county by increasing
housing diversity and access to basic goods and services.
The proposed RMF-M zoning district would allow for an increase in housing diversity and
would allow those residents to utilize existing goods and services within one mile of the
subject property.
The predominant housing type is single family detached at 76%. Under the proposed RMF-
M district the site would allow for multi-family (apartments) and increase housing type
diversity by reducing the percentage of single family detached (76% to 74%), and
increasing the percentage of multi-family residences (21% to 22%).
In addition to increasing the housing type diversity of the community, the proposal would
also provide housing at more affordable price points for residents earning less than 80%
area median income (AMI). Income-restricted affordable housing, like the proposed LIHTC
project, that are located in complete communities can create a more equitable, integrated
and diverse community. The County is finalizing the Comprehensive Housing Study which
will provide an assessment of the significant characteristics of the current housing market in
order to better identify needed housing price points. Currently, the number of rental units
in the County serving the population at these income levels is limited.
Level
Total
NHC %
Capacity School
Enrollment
of Assigned
School
Capacity
of
Assigned
School w/
Portables
% of
Capacity of
Assigned
School
Funded
Capacity
Upgrades
Elementary 97% Murrayville 526 643 82% None
Middle 107% Trask 717 662 108% None
High 105% Laney 2,063 1,903 108% None
Planning Board - March 4, 2021
ITEM: 1 - 2 - 10
Z21-03 Staff Report PB 3.4.2021 Page 11 of 15
The subject property is located in the Gordon Road community area, where 30% of
residents currently live within one-mile of a convenience need (grocery store, retail staples,
pharmacies, etc.), a support service (urgent care, primary doctor’s office, child & adult care,
etc.), and a community facility (public park, school, museum etc.). The proposed RMF-M
district would increase the number of residences within one-mile of goods and services (30%
to 31%).
REPRESENTATIVE DEVELOPMENTS
Representative Developments of R-15:
Grayson Park Clay Crossing
Plantation Landing
Planning Board - March 4, 2021
ITEM: 1 - 2 - 11
Z21-03 Staff Report PB 3.4.2021 Page 12 of 15
Representative Developments of RMF-M:
Amberleigh Shores Parks at Three Oaks
Context and Compatibility
The property is located adjacent the Gordon Road/I-40 interchange and shares access
with an existing gas station and storage lot.
The timing of the Gordon Road widening project has been accelerated and is now
scheduled to begin in 2024.
Two nearby residential developments have obtained a Special Use Permit to exceed the
maximum density of the base residential zoning district and include multi-family housing.
Due to the location and surrounding development pattern, the property is less likely to be
developed with low density housing. The last development proposal for the site was for a
recreation facility, for which a Special Use Permit was approved in 2018.
Planning Board - March 4, 2021
ITEM: 1 - 2 - 12
Z21-03 Staff Report PB 3.4.2021 Page 13 of 15
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on lower-density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout. Types of uses
include single-family residential, low-density multi-family residential, light
commercial, civic, and recreational.
Analysis
The subject parcel is located along Gordon Road just east of the I-40 and
Gordon Road interchange. The site is adjacent to a Buy Quick gas station,
an outdoor boat storage facility, and the Hawthorne at Smith Creek
apartments. The proposed development will share access to Gordon Road
with the Buy Quick gas station and the outdoor boat storage facility.
This area was designated as General Residential due to the primarily lower
density residential development pattern along the Gordon Road corridor
toward Market Street. Although non-residential and multi-family projects
were approved and permitted in this area prior to the adoption of the
Comprehensive Plan in 2016, these types of low intensity commercial and
low-density multi-family uses could be appropriate in a variety of place
types, including General Residential.
As proposed, the density of this multi-family project is not consistent with the
General Residential place type because it exceeds the density range of up
to eight units per acre outlined for General Residential areas. However, the
proposed project assists in meeting the goals of the Comprehensive Plan by
providing affordable housing for residents with fewer existing housing
Planning Board - March 4, 2021
ITEM: 1 - 2 - 13
Z21-03 Staff Report PB 3.4.2021 Page 14 of 15
options and by establishing higher densities along major roadways that
provide a transition of densities and intensities. In this case, the project is
located adjacent to an existing commercial development which allows direct
access to a major arterial roadway and creates an orderly transition by
placing higher density multi-family between the high intensity Interstate
corridor where low density single-family housing is less likely to be
developed and the existing low intensity residential uses along Gordon
Road
The General Residential place type may no longer be an appropriate
designation in this area because the existing commercial and multi-family
projects and close proximity to a major roadway suggest the need for
higher densities. Generally, the Comprehensive Plan designates areas along
major roadways with higher residential densities and a mix of uses as
Community Mixed Use in order to allow for the orderly transition of densities
and intensities. This place type also focuses on small-scale, compact mixed-
use development patterns. This type of development pattern would assist
with providing opportunities for affordability and a range of housing types,
opportunities, and choices.
In situations when the Board of Commissioners approve a request that is
found to be inconsistent with the Comprehensive Plan, state statutes require
a statement approving the request and a declaration that the plan be
amended concurrently to reflect the specific place type that is most similar
to the proposed development. The statement must also include an
explanation of the change in conditions in the area that were taken into
account in the decision.
Consistency
Recommendation
The proposed development is INCONSISTENT with the General Residential
place type because the proposed density is greater than the maximum
density recommended for this place type.
However, staff is supportive of the proposed development as it is aligned
with the goals of the Comprehensive Plan for providing affordable housing
and creating complete communities. It is also aligned with the
Comprehensive Plan’s intent of providing an orderly transition of uses from
higher intensity to lower intensity areas and providing for a range of
housing types. The proposed moderate density multi-family housing is also
consistent with the existing development pattern of the surrounding area.
As state law dictates, if the rezoning were to be approved even though
inconsistent with the Comprehensive Plan, the Plan must be concurrently
amended to reflect the specific place type that is most similar to the
proposed development.
Therefore, it is staff’s recommendation to amend the place type for the
subject site to Community Mixed Use because the proposal is in line with the
recommended density of the place type. This place type is also more
appropriate for the area because single-family homes are less likely to be
built immediately adjacent to major thoroughfares, and because it would
encourage the development of projects that would provide a buffer and
serve as a transition to the existing single-family residences along Gordon
Road.
Planning Board - March 4, 2021
ITEM: 1 - 2 - 14
Z21-03 Staff Report PB 3.4.2021 Page 15 of 15
STAFF RECOMMENDATION
Staff recommends approval of the proposal and the reclassification the subject site from
General Residential to Community Mixed Use. Staff suggests the following motion:
I move to APPROVE the proposed rezoning to a Conditional RMF-M district. While I
find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan
because the project exceeds the density recommended for the General Residential
place type, I find APPROVAL of the rezoning request is reasonable and in the public
interest because the proposal would provide an appropriate transition from a major
thoroughfare to existing single-family housing, is consistent with the development
pattern of the surrounding properties, and supports the County’s goals of providing for
a range of housing types and opportunities for households of different sizes and income
levels.
In accordance with the North Carolina General Statutes, I move to reclassify the
property from the General Residential place type to the Community Mixed Use place
type. I find the proposal is consistent with the recommended building types and
densities of the Community Mixed Use classification. In addition, the Community Mixed
Use classification would encourage the development of projects that would better serve
as a transition between a major thoroughfare and single-family housing.
[Optional] Note any conditions to be added to the district:
1. The development must be awarded Low-Income Housing Tax Credits through the North
Carolina Housing Finance Agency.
2. Appropriate pavement markings shall be installed along the 60-foot access easement from
Gordon Road to the subject site to identify two lanes of travel. In addition, no parking shall
be permitted within the easement and “no parking” signs shall be installed in accordance
with the North Carolina Fire Code.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a Conditional RMF-M district. I find it to be
INCONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposal exceeds the density recommended for the General Residential place type. I
also find DENIAL of the rezoning request is reasonable and in the public interest
because the proposal is not consistent with the desired character of the surrounding
community and the density will adversely impact the adjacent neighborhoods.
Planning Board - March 4, 2021
ITEM: 1 - 2 - 15
Planning Board - March 4, 2021
ITEM: 1 - 3 - 1
Planning Board - March 4, 2021
ITEM: 1 - 4 - 1
Planning Board - March 4, 2021
ITEM: 1 - 5 - 1
APPLICANT
MATERIALS
Planning Board - March 4, 2021
ITEM: 1 - 6 - 1
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FINAL 2021 QUALIFIED ALLOCATION PLAN
10 of 35
3. The Agency may make a forward commitment of the next year’s tax credits in an amount necessary
to fully fund project(s) with a partial award or to any project application that was submitted in a prior
year if such application meets all the minimum requirements of the Plan. In the event that credits are
returned or the state receives credits from the national pool, the Agency may elect to carry such
credits forward, make an award to any project application (subject only to the nonprofit set aside), or
a combination of both.
III. DEADLINES, APPLICATION AND FEES
A. APPLICATION AND AWARD SCHEDULE
The following schedule will apply to the 2021 application process for 9% Tax Credits and the first round
of tax-exempt bond volume and 4% Tax Credits.
January 22 Deadline for submission of preliminary applications (12:00 noon)
March 15 Market analysts will submit studies to the Agency and Applicants
March 26 Notification of final site scores
April 5 Deadline for market-related project revisions (5:00 p.m.)
April 12 Deadline for the Agency and Applicant to receive the revised market study, if
applicable
May 14 Deadline for full applications (12:00 noon)
August Notification of tax credit awards
The Agency will also accept tax-exempt bond volume and 4% Tax Credit applications any time between
May 1 and October 1 (5:00 p.m.). When a preliminary application has been submitted in this timeframe,
a schedule of milestones will be provided to the Applicant. The preliminary application submission date
will determine when those milestones occur which will follow a time frame similar to the 9% Tax Credit
round. The Agency will work with the Applicant to determine if the project will receive 2021 or 2022
volume cap. Full applications can be submitted no later than January 14, 2022.
The Agency reserves the right to change the schedule to accommodate unforeseen circumstances.
B. APPLICATION, ALLOCATION, MONITORING, AND PENALTY FEES
1. All Applicants are required to pay a nonrefundable fee of $5,800 at the submission of the preliminary
application. This fee covers the cost of the market study or physical needs assessment and a $1,400
preliminary application processing fee (which will be assessed for every electronic application
submitted). The Agency may charge additional fee(s) to cover the cost of direct contracting with
other providers (such as appraisers).
2. All Applicants are required to pay a nonrefundable processing fee of $1,400 upon submission of the
full application.
3. Entities receiving tax credit awards, including those involving tax-exempt bond volume, are required
to pay a nonrefundable allocation fee equal to 0.86% of the project’s total qualified basis.
4. The allocation fee will be due at the time of either the carryover allocation or bond volume award.
Failure to return the required documentation and fee by the date specified may result in cancellation
of the allocation. The Agency may assess other fees for additional monitoring responsibilities.
5. Owners must pay a monitoring fee of $1,220 per unit (includes all units, qualified, unrestricted, and
employee) prior to issuance of the project’s IRS Form 8609. Any project utilizing income averaging
or for which the Agency is the bond issuer must pay an additional monitoring fee of $300 per unit.
Planning Board - March 4, 2021
ITEM: 1 - 7 - 2
Planning Board - March 4, 2021
ITEM: 1 - 7 - 3
Page 2 of 6
Conditional Zoning District Application – Updated 12-2020
2. Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: Total Acreage of Proposed District:
Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the
district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the
corresponding General Use District are eligible for consideration within a Conditional Zoning District.
4. Proposed Condition(s)
Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater
restrictions on the development and use of the property than the corresponding general use district regulations may
be added. These conditions may assist in mitigating the impacts the proposed development may have on the
surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below.
Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process.
4615 GORDON ROAD R04300-001-007-000
5.12+/-R-15 (VACANT)GENERAL RESIDENTIAL
RMF-M 5.12+/-
ESTRELLA LANDING WILL CONSIST OF 84 AFFORDABLE APARTMENT UNITS WITHIN THREE 3-STORY
BUILDINGS, A CLUBHOUSE WITH SITE MANAGER OFFICE AND RESIDENT COMMUNITY SPACE,
PLAYGROUND, AND COVERED PICNIC AREA WITH GRILLS. THE DEVELOPMENT IS CONSIDERED
WORKFORCE HOUSING AND WILL BE TARGETED TO WORKING FAMILIES AND SENIORS, WHOSE
INCOMES ARE 80% OR BELOW THE AREA MEDIAN INCOME. MORE SPECIFICALLY, THE COMMUNITY WILL
CONSIST OF 13 - 1 BEDROOM UNITS, 35 - 2 BEDROOM UNITS, AND 36 - 3 BEDROOM UNITS. A TOTAL OF
21 UNITS (25% OF THE TOTAL UNIT COUNT) WILL BE TARGETED TO RESIDENTS WHOSE INCOME ARE
30% OR BELOW THE AREA MEDIAN INCOME, WHICH PREDOMINANTLY CONSISTS OF SENIORS AND
PERSONS WITH DISABILITIES.
PLEASE SEE THE ARCHITECTURAL PLANS INCLUDED WITH THIS SUBMITTAL FOR THE PROPOSED
BUILDING CHARACTERISTICS, MATERIAL, UNIT MIX, UNIT FLOOR PLANS AND SIZES.
PLEASE SEE THE SITE PLAN AND ARCHITECTURAL PLANS FOR CONDITIONS AND REQUIREMENTS
THAT WILL BE SPECIFIC TO THIS DEVELOPMENT. FURTHER, WE ARE SEEKING A 2021 LIHTC AWARD
FROM THE NC HOUSING FINANCE AGENCY FOR FUNDING OF ESTRELLA LANDING.
Planning Board - March 4, 2021
ITEM: 1 - 7 - 4
Planning Board - March 4, 2021
ITEM: 1 - 7 - 5
Planning Board - March 4, 2021
ITEM: 1 - 7 - 6
Planning Board - March 4, 2021
ITEM: 1 - 7 - 7
Planning Board - March 4, 2021
ITEM: 1 - 7 - 8
Planning Board - March 4, 2021
ITEM: 1 - 7 - 9
Planning Board - March 4, 2021
ITEM: 1 - 7 - 10
122 CINEMA D R I V E , W I L M I N G T O N , N C 28403
P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 791-6760
Existing Vegetation Narrative
The existing vegetation on parcel R04300-001-007-000 can generally be
described as:
Along the southern property line is an existing row of Loblolly Pine trees varying
in DBH from 12”-24”.
Along the eastern property line is an approximately 40’ wide area of existing
trees, generally characterized as Loblolly Pines varying from 12”-24” DBH,
Maples from 8”-20” DBH, Southern Red Oaks from 8”-16” DHB. A similarly sized
and vegetated area also exists along the northern half of the western property
line.
Much of the rear 150’ of the property, including the northern property line
includes Loblolly Pines varying from 12”-24” DBH, Maples from 8”-20” DBH,
Southern Red Oaks from 8”-16” DHB, and wetland vegetation.
A detailed tree survey shall be performed as required during the site plan review
process.
Planning Board - March 4, 2021
ITEM: 1 - 7 - 11
122 CINEMA D R I V E , W I L M I N G T O N , N C 28403
P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 791-6760
Estrella Landing Legal Description
As offered in the Application Checklist, the site plan includes the map
book and page reference of the property requested for rezoning
Book 681 / Page 516
Planning Board - March 4, 2021
ITEM: 1 - 7 - 12
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Planning Board - March 4, 2021
ITEM: 1 - 8 - 1
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ESTRELLA LANDING
NEW HANOVER COUNTY
NORTH CAROLINA
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TERROIR DEVELOPMENT, LLC
PO BOX 15025
WILMINGTON, NC 28408
DATE:
SCALE:
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CONCEPTUAL LAYOUT:
PRELIMINARY LAYOUT:
FINAL DESIGN:
RELEASED FOR CONST:
PROJECT STATUS REVISIONS:
DRAWING INFORMATION
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CLIENT INFORMATION:
122 Cinema Drive
Wilmington, North Carolina 28403
(910) 791-6707 (O) (910) 791-6760 (F)
NC License #: C-2846
PRELIMINARY DESIGN - NOT RELEASED FOR CONSTRUCTION
SITE PLAN
CONDITIONAL ZONINGC-
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VICINITY MAPNOT TO SCALENORTH SITESITE PLANPROJECT ADDRESS:4615 GORDON RDWILMINGTON, NC 28411PARCEL ID:R04300-001-007-000MAP BOOK & PAGE:B681 / P516APPLICANT INFORMATION:TERROIR DEVELOPMENT, LLCPO BOX 15025WILMINGTON, NC 28408PROJECT SITE AREA:± 5.12 ACCURRENT ZONING:R-15PROPOSED ZONING:RMF-M (RESIDENTIAL MULTI-FAMILY MODERATE DENSITY )FUTURE LAND CLASSIFICATION:GENERAL RESIDENTIALPROPOSED USE:MULTI-FAMILY RESIDENTIALFLOOD INFORMATION:A PORTION OF THIS PARCEL IS LOCATED WITHIN THE100-YEAR FLOOD ZONE AS INDICATED BY FEMA FLOODZONE PANEL 3720314900K BEARING AN EFFECTIVE DATEAUGUST 28, 2018.100 YEAR BASE FLOOD ELEVATION:20.2'500 YEAR BASE FLOOD ELEVATION:20.5'WETLANDS:± 0.77 AC OF WETLANDS EXIST ON-SITE AS SHOWN± 0.5 AC MAX. TO BE IMPACTEDBUFFER / SCREENING INFORMATIONREQUIRED TRANSITIONAL BUFFER:TYPE A OPAQUE BUFFERADJACENT TO R-15 SINGLE FAMILY USEBUFFER WIDTH REQUIRED:20'PLANT MATERIALS REQUIRED:MINIMUM 3 ROWS OF PLANTING WHICHSHALL BE 6' HIGH AND PROVIDE 100%OPACITY WITHIN ONE YEAR BUILDING DATA:RESIDENTIAL:84 APARTMENT UNITSBUILDING 1 (29,169 SF)24 UNITS; 9,723 SF PER FLOORBUILDING 2 (29,169 SF)24 UNITS; 9,723 SF PER FLOORBUILDING 3 (44,016 SF)36 UNITS; 14,672 SF PER FLOOR 102,354 SFUNIT MIX:(13) 1-BR; (35) 2-BR; (36) 3-BRCONSTRUCTION TYPE:5A DIMENSIONAL REQUIREMENTSMAXIMUM LOT COVERAGE:MINIMUM FRONT SETBACK:35'MINIMUM REAR SETBACK:25'MINIMUM SIDE SETBACK (INTERIOR):20'MAXIMUM BUILDING HEIGHT:45'Brierwood RdBlount DrRogers DrHargrove DrGordon Road Gordon Road Dewberry Blackberry RdShaw DrNorthbrookDrRd N College Rd / Hwy 132 BusinessDrInterstate Hwy 40GORDON ROAD60' RIGHT OF WAY
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T
Planning Board - March 4, 2021
ITEM: 1 - 9 - 6
20
2
1
P
R
E
L
I
M
I
N
A
R
Y
S
E
T
Planning Board - March 4, 2021
ITEM: 1 - 9 - 7
Planning Board - March 4, 2021
ITEM: 1 - 9 - 8
20
2
1
P
R
E
L
I
M
I
N
A
R
Y
S
E
T
Planning Board - March 4, 2021
ITEM: 1 - 9 - 9
2021 PRELIMINARY SET
Planning Board - March 4, 2021ITEM: 1- 9 - 10
20
2
1
P
R
E
L
I
M
I
N
A
R
Y
S
E
T
Planning Board - March 4, 2021
ITEM: 1 - 9 - 11
PUBLIC
COMMENTS
Planning Board - March 4, 2021
ITEM: 1 - 10 - 1
Pl
a
n
n
i
n
g
B
o
a
r
d
-
M
a
r
c
h
4
,
2
0
2
1
IT
E
M
:
1
-
1
1
-
1