2021-08 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
AUGUST 5, 2021 6:00 PM
Call to Order
Pledge of Allegiance
Elec5on of Officers
Approval of Minutes (July 8, 2021 Mee5ng)
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 Rezoning Request (Z21-10)-Request by Design Solu5ons, applicant on behalf of the property
owners, Sanjeev B. & Hita S. Badhiwala to rezone approximately 1.50 acres of land located at
7578 Carolina Beach Road from R-15, Residen5al District to (CZD) RMF-M, Condi5onal
Residen5al Mul5-Family Moderate Density District, in order to develop a 16-unit townhome
development.
2 Rezoning Request (Z21-11)- Request by Craig Johnson, applicant on behalf of the property owner,
SOCOL, LLC, to rezone approximately 5.1 acres of land located at 4606, 4618, & 4626 South
College Road from R-15, Residen5al District to (CZD) R-5, Condi5onal Residen5al Moderate-High
Density District, in order to develop a 40-unit single-family development.
OTHER ITEMS
1 Height Standards Amendment Concepts Presenta5on
Planning Board - August 5, 2021
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 8/5/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Nicole Smith, Senior Planner
CONTACT(S): Nicole Smith, Rebekah Roth, Planning & Land Use Director
SUBJECT:
Rezoning Request (Z21-10)-Request by Design Solu1ons, applicant on behalf of the property owners, Sanjeev B. &
Hita S. Badhiwala to rezone approximately 1.50 acres of land located at 7578 Carolina Beach Road from R-15,
Residen1al District to (CZD) RMF-M, Condi1onal Residen1al Mul1-Family Moderate Density District, in order to
develop a 16-unit townhome development.
BRIEF SUMMARY:
The applicant is seeking to rezone 1.5 acres of land located at 7578 Carolina Beach Road from R-15 to (CZD) RMF-M
(Condi-onal Residen-al Mul-family Moderate Density).
The purpose of the RMF-M, Residen-al Mul-family Moderate Density District is to provide lands that accommodate
moderate density single-family and mul--family development. The intent of the RMF-M district is to func-on as a
transi-onal district between intensive nonresiden-al development and higher-density residen-al areas. The district is
intended to provide a reasonable range of choice, type, and loca-on of housing units.
The applicant is proposing to construct a 16-unit townhome development. The units will be located in four buildings
containing four units each. Primary access to the development will be provided on Carolina Beach Road, a principal
arterial roadway. T h e proposal would include about 0.34 acres of open space, which exceeds the County’s
requirement of providing 20% open space.
Under the County’s performance residen-al standards, the subject parcel would be permi;ed up to 4 dwelling units at
a density of 2.5 du/ac. The proposed 16 units equate to an overall density of 10.7 du/ac.
As currently zoned the subject site would be permi;ed up to 4 dwelling units at 2.5 du/ac under the performance
residen-al standards. A development of this scale is es-mated to generate fewer than 10 trips during the peak hours (8
AM/5 PM). The proposed development is es-mated to generate about 10 trips during the peak hours (8 AM/12 PM),
for an increase of about 7 trips in the PM peak hour. 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.
Based on the current general student genera-on rate, staff would es-mate that the increase in homes would result in
approximately 3 addi-onal students than would be generated under current zoning. The general student genera-on
rate provides only an es-mate of an-cipated student yield as different forms of housing at different price points yield
different numbers of students. Over the past four years, staff has also seen a decline in the number of students
generated by new development. Student numbers remained rela-vely stable between 2015 and 2020 (excep-ng the
impacts of the COVID-19 pandemic), while 14,500 new residen-al units were permi;ed across the county. In addi-on,
the student popula-on is an-cipated to only grow by approximately 1,300 students over the next 10 years based on
the recent New Hanover County Schools Facility Needs Study. Please refer to the Schools sec-on included in this
report for addi-onal informa-on on school enrollment and capacity.
Planning Board - August 5, 2021
ITEM: 1
While the area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a
mixture of commercial uses and residen-al densi-es ranging from 8 to 15 dwelling units per acre. The subject property
is one of several undeveloped tracts along Carolina Beach Road, a major road corridor. The property is located
between low density residen-al development and vacant property, prime for moderate to high residen-al density and
mixed use projects. The project also takes direct access off Carolina Beach Road, a principal arterial roadway.
The New Hanover County Future Land Use Map provides a general representa-on of the vision for New Hanover
County’s future land use, as designated by place types describing the character and func-on of the different types of
development that make up the community. These place types are intended to iden-fy general areas for par-cular
development pa;erns and should not be interpreted as being parcel specific. The subject parcel is Community Mixed
Use. The proposed (CZD) RMF-M, Condi-onal Residen-al Mul-family Moderate Density District rezoning is generally
CONSISTENT with the intent of the 2016 Comprehensive Plan because this zoning district is intended to provide
alterna-ve housing types to single-family detached development, the project provides for the types and mixture of
uses recommended in the Community Mixed Use place type, the townhomes will provide a transi-on between a major
corridor and exi-ng low density housing, and because the proposal will increase the range of housing types in the area.
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 (CZD) RMF-M district. I find it to be CONSISTENT with the purposes
and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in
the Community Mixed Use place type, the townhomes will provide a transi-on between a major corridor and exi-ng
low density housing, and because the proposal will increase the range of housing types in the area. I also
find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports the
County’s goals of providing for a range of housing types and opportuni-es for households of different sizes and
income levels.
(Op-onal) Note any condi-ons to be added to the district.
Alterna-ve Mo-on for Denial:
I move to D E N Y the proposed rezoning to a (C Z D ) RMF-M district. While I find it to
be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides
for the types and mixture of uses recommended in the Community Mixed Use place type, the residen-al
densi-es are in-line with those recommended for the property, and the project will provide an appropriate
transi-on between a major road corridor and exis-ng low density housing, I find DENIAL of the rezoning
request is reasonable and in the public interest because the proposal is not consistent with the desired
character of the surrounding community and the density will adversely impact the adjacent
neighborhoods.
Planning Board - August 5, 2021
ITEM: 1
ATTACHMENTS:
Descrip-on
Z21-10 PB Script
Z21-10 Staff Report PB
Z21-10 Zoning Map
Z21-10 Future Land Use Map
Z21-10 Neighboring Properties
Z21-10 Applicant Materials CS
Z21-10 Application Package
Z21-10 Concept Plan CS
Z21-10 Proposed Concept Plan
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - August 5, 2021
ITEM: 1
SCRIPT for Zoning Map Amendment Application (Z21-10)
Request by Design Solutions, applicant, on behalf of the property owners, Sanjeev B. & Hita S.
Badhiwala, to rezone approximately 1.50 acres of land located at 7578 Carolina Beach Road from R-
15, Residential District to (CZD) RMF-M, Conditional Residential Multifamily Moderate Density District,
in order to develop a 16-unit townhome development.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (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 for Approval
I move to APPROVE the proposed rezoning to a (CZD) RMF-M district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project
provides for the types of uses and density recommended in the Community Mixed Use place
type, the townhomes will provide a transition between a major corridor and existing low-
density housing, and because the proposal will increase the range of housing in the area. I also
find APPROVAL of the rezoning request is reasonable and in the public interest because the
proposal supports the County’s goals of providing for a range of housing types and
opportunities for households of different sizes and income levels.
[Optional] Note any conditions to be added to the district.
Example Motion for Denial
I move to DENY the proposed rezoning to a (CZD) RMF-M district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project
provides for the types of uses recommended in the General Residential place type and the
residential densities are in-line with those recommended for the property, and the project will
provide an appropriate transition between a place of worship and existing low and moderate
density housing, I find DENIAL of the rezoning request is reasonable and in the public interest
because the proposal is not consistent with the desired character of the surrounding community
and the density will adversely impact the adjacent neighborhoods.
Planning Board - August 5, 2021
ITEM: 1 - 1 - 1
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 - August 5, 2021
ITEM: 1 - 1 - 2
Z21-10 Staff Report PB 8.5.2021 Page 1 of 15
STAFF REPORT FOR Z21-10
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z21-10
Request:
Rezoning to a (CZD) RMF-M, Conditional Residential Multifamily Moderate Density District
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions Sanjeev B. & Hita Badhiwala
Location: Acreage:
7578 Carolina Beach Road 1.5
PID: Comp Plan Place Type:
R08500-002-022-000
Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Townhome development
Current Zoning: Proposed Zoning:
R-15, Residential (CZD) RMF-M
SURROUNDING AREA
LAND USE ZONING
North Undeveloped R-15
East Single-Family Residential R-15
South Undeveloped R-15
West
Single-Family Residential R-15
Planning Board - August 5, 2021
ITEM: 1 - 2 - 1
Z21-10 Staff Report PB 8.5.2021 Page 2 of 15
ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 4)
COMMUNITY SERVICES
Water/Sewer
Water and sewer services are not available through CFPUA. The site is
expected to be served by AQUA America when developed.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Federal Point Station
Schools Carolina Beach Elementary, Murray Middle, and Ashley High School
Recreation Snows Cut Park, Veterans Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - August 5, 2021
ITEM: 1 - 2 - 2
Z21-10 Staff Report PB 8.5.2021 Page 3 of 15
APPLICANT’S PROPOSED CONCEPTUAL PLAN
• The applicant is proposing to rezone1.5acres to (CZD) RMF-M, Conditional Residential
Multifamily Moderate Density District.
• The applicant is proposing to construct a 16-unit townhome development. The units will be
located in four buildings containing four units each.
• Primary access to the development will be provided on Carolina Beach Road, a principal
arterial roadway.
• The proposal would include about 0.34 acres of open space, which exceeds the County’s
requirement of providing 20% open space.
ZONING CONSIDERATIONS
• The R-15 district in this area was established in 1971. The purpose of the R-15 district is to
provide lands that accommodate very low to low density residential development that can
serve as a transition between very low-density residential development patterns and
smaller lot, more dense residential areas of the County.
• Under the County’s performance residential standards, the subject parcel would be
permitted up to 4 dwelling units at a density of 2.5 du/ac. The proposed 16 units equate
to an overall density of 10.7 du/ac.
• The purpose of the RMF-M, Residential Multifamily Moderate Density District is to provide
lands that accommodate moderate density single-family and multi-family development. The
intent of the RMF-M district is to function as a transitional district between intensive
nonresidential development and higher-density residential areas. The districts is intended to
provide a reasonable range of choice, type, and location of housing units.
Planning Board - August 5, 2021
ITEM: 1 - 2 - 3
Z21-10 Staff Report PB 8.5.2021 Page 4 of 15
• The site is situated between low-density residential to the west, a principal arterial roadway
to the east, and undeveloped property to the north and south.
• The proposal provides the required transitional buffer to the adjacent single-family zoning
north, south, and west of the request.
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - August 5, 2021
ITEM: 1 - 2 - 4
Z21-10 Staff Report PB 8.5.2021 Page 5 of 15
TRANSPORTATION
• Primary access to the development will be from Carolina Beach Road, an NCDOT
maintained principal arterial.
• As currently zoned the subject site would be permitted up to 4 dwelling units at 2.5 du/ac
under the performance residential standards. A development of this scale is estimated to
generate fewer than 10 trips during the peak hours (8 AM/5 PM). The proposed
development is estimated to generate about 10 trips during the peak hours (8 AM/12 PM),
for an increase of about 7 trips in the PM peak hour. The estimated traffic generated from
the site is under the 100 peak hour threshold that triggers the ordinance requirement for a
Traffic Impact Analysis.
Planning Board - August 5, 2021
ITEM: 1 - 2 - 5
Z21-10 Staff Report PB 8.5.2021 Page 6 of 15
Comparison of Potential Trip Generation Scenarios
Intensity Approx. Peak Hour Trips
Existing Zoning
(R-15)
4 single family units 8 / 5 (AM / PM)
Proposed Development
(CZD)RMF-M)
16 townhome units 8 / 12 (AM / PM)
Net Change N/A 0 / 7 (AM / PM)
• Because a TIA is not required to analyze transportation impacts, staff has provided the
volume to capacity ratio for the adjacent roadway. While the 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 (ADT) -2019
Road Location Volume Capacity V/C
Carolina Beach Road 7578 Carolina Beach
Road
35,500
AADT
41,368 .86
Planning Board - August 5, 2021
ITEM: 1 - 2 - 6
Z21-10 Staff Report PB 8.5.2021 Page 7 of 15
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Planning Board - August 5, 2021
ITEM: 1 - 2 - 7
Z21-10 Staff Report PB 8.5.2021 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
Masonboro Golf Club
Development
• Tract 1: 82 single-
family detached
housing units
• Tract 2: 59 single-
family detached
housing units
• TIA approved August 2008
• Full build 2020
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Provide a southbound, left-turn lane on River Road with 50-feet of storage, 50 feet of full-width
deceleration and appropriate taper at SR 1576 (River Road) and The Cape Boulevard.
Nearby Proposed Developments included within the TIA:
No approved developments were considered in this analysis.
Development Status: Complete
ENVIRONMENTAL
• The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
• The property is within the Telfairs Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I (slight limitation). However, the site is expected to be served by
AQUA America when developed.
OTHER CONSIDERATIONS
SCHOOLS
• Students living in the proposed development would be assigned to Carolina Beach
Elementary, Murray Middle, and Ashley High Schools. Students may apply to attend public
magnet, year-round elementary, or specialty high schools.
• Under the current zoning, 3 dwelling units would be permitted by right. A maximum of 16
units could be developed under the proposed rezoning.
Planning Board - August 5, 2021
ITEM: 1 - 2 - 8
Z21-10 Staff Report PB 8.5.2021 Page 9 of 15
• Based on the current general student generation rate*, the increase in homes would result
in approximately 3 additional students than would be generated under current zoning.
• The general student generation rate provides only an estimate of anticipated student yield
as different forms of housing at different price points yield different numbers of students.
Over the past four years, staff has also seen a decline in the number of students generated
by new development. Student numbers remained relatively stable between 2015 and
2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential
units were permitted across the county. In addition, the student population is anticipated to
only grow by approximately 1,300 students over the next 10 years based on the recent
New Hanover County Schools Facility Needs Study.
Development Type Intensity Estimated Student Yield
(current general student generation rate)*
Existing Development Undeveloped Approximate**Total: 0
(0 elementary, 0 middle, 0 high
Typical Development
under Current R-15
Zoning
3 residential units Approximate**Total: 1
(0 elementary, 0 middle, 0 high)
Proposed (CZD) RMF-M
Zoning 16 residential units Approximate**Total: 4
(1 elementary, 1 middle, 1 high)
*The current general student generation rate was calculated by dividing the projected New Hanover County public
school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there
are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated
per dwelling unit across New Hanover County. These numbers are updated annually and include students attending
out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech.
**Because the student generation rate often results in fractional numbers, all approximate student generation yields
with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are
rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the
approximate total.
• Given the size of the proposed development, it may have a build-out date within 5 years,
so staff has outlined existing school capacity to provide a general impact 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 trends in student population changes.
Planning Board - August 5, 2021
ITEM: 1 - 2 - 9
Z21-10 Staff Report PB 8.5.2021 Page 10 of 15
School Enrollment* and Capacity** (2021-2022 School Year)
* Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2021-2022 school
year.
**Capacity calculations were determined based on the projected capacities for the 2021-2022 school year, and
funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover
County Schools to the Board of Education in January 2021. This information does not take into account flexible
scheduling that may be available in high school settings, which can reduce the portion of the student body on campus
at any one time.
• The recent facility needs survey that has been prepared by Schools staff indicates that,
based on NC Department of Public Instruction (DPI) student growth projections and school
capacity data, planned facility upgrades, combined with changes to student enrollment
patterns, will result in adequate capacity district wide over the next 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 CZD 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 in the area is single family detached at 80%. Under the
proposed RMF-M district the site would allow for single family attached (townhomes) and
increase housing type diversity by reducing the percentage of single family detached
(80% to 79%) and increasing the percentage of single family attached residences (9.5%
to 10.5%).
• The subject property is located in the Snows Cut community area, where 37% of residents
currently live within one-mile of a community facility (public park, school, library etc.). The
proposed RMF-M district would increase the number of residences within one-mile of a
community facility (36.5% to 37%).
Level
Total
NHC
Capacity School
Enrollment
of Assigned
School
Capacity
of
Assigned
School w/
Portables
Capacity
of
Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 95%
Carolina
Beach 401 373 108% None
Middle 108% Murray 853 848 101% None
High 100% Ashley 1,990 1,896 105% None
Planning Board - August 5, 2021
ITEM: 1 - 2 - 10
Z21-10 Staff Report PB 8.5.2021 Page 11 of 15
REPRESENTATIVE DEVELOPMENTS
Representative Developments of R-15
Cottage Grove
Clay Crossing
Planning Board - August 5, 2021
ITEM: 1 - 2 - 11
Z21-10 Staff Report PB 8.5.2021 Page 12 of 15
Representative Developments of RMF-M
Woodlands at Echo Farms
Jumpin Run
Context and Compatibility
• While the area was zoned for low density housing in the early 1970s, the 2016
Comprehensive Plan recommends a mixture of commercial uses and residential densities
ranging from 8 to 15 dwelling units per acre.
• The subject property is one of several undeveloped tracts along Carolina Beach Road, a
major road corridor. The property is located between low density residential development
and vacant property, prime for moderate to high residential density and mixed use
Planning Board - August 5, 2021
ITEM: 1 - 2 - 12
Z21-10 Staff Report PB 8.5.2021 Page 13 of 15
projects. The project also takes direct access off Carolina Beach Road, a principal arterial
roadway.
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
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.
Planning Board - August 5, 2021
ITEM: 1 - 2 - 13
Z21-10 Staff Report PB 8.5.2021 Page 14 of 15
Analysis
The proposed (CZD) RMF-M development is located between low-density
residential, a principal arterial roadway, and undeveloped property.
In general, the Comprehensive Plan designates areas along roadways for
higher residential densities and a mix of uses.
The proposed (CZD) RMF-M zoning would provide a transition in density
and intensity between future Community Mixed Use development along
Carolina Beach Road and the established single-family neighborhood, west
of the subject site. Providing options for alternative housing types in direct
relationship to single-family detached development is one of the stated
intents for this district.
The proposal is also in line with the preferred density range for the
Community Mixed Use place type. The Community Mixed Use place type
envisions moderate density residential development up to 15 dwelling units
per acre. The applicant is proposing 16 units, for an overall density of 10.7
units per acre.
Consistency
Recommendation
The proposed (CZD) RMF-M, Conditional Residential Multifamily Moderate
Density District rezoning is generally CONSISTENT with the intent of the
2016 Comprehensive Plan because this zoning district is intended to provide
alternative housing types to single-family detached development, the
project provides for the types and mixture of uses recommended in the
Community Mixed Use place type, the townhomes will provide a transition
between a major corridor and exiting low density housing, and because the
proposal will increase the range of housing types in the area.
STAFF RECOMMENDATION
Staff recommends approval and suggests the following motion:
I move to APPROVE the proposed rezoning to a (CZD) RMF-M district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project
provides for the types and mixture of uses recommended in the Community Mixed Use
place type, the townhomes will provide a transition between a major corridor and exiting
low density housing, and because the proposal will increase the range of housing types in
the area. I also find APPROVAL of the rezoning request is reasonable and in the public
interest because the proposal supports the County’s goals of providing for a range of
housing types and opportunities for households of different sizes and income levels.
(Optional) Note any conditions to be added to the district.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a (CZD) RMF-M district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provides for the types and mixture of uses recommended in the Community
Planning Board - August 5, 2021
ITEM: 1 - 2 - 14
Z21-10 Staff Report PB 8.5.2021 Page 15 of 15
Mixed Use place type, the residential densities are in-line with those recommended for
the property, and the project will provide an appropriate transition between a major
road corridor and existing low density housing, I find DENIAL of the rezoning request
is reasonable and in the public interest because the proposal is not consistent with the
desired character of the surrounding community and the density will adversely impact
the adjacent neighborhoods.
Planning Board - August 5, 2021
ITEM: 1 - 2 - 15
Ca
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T a r pon Dr
Ocracoke Dr
Grand B a nks Dr
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Seabr
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New Hanover County, NCSHODIncorporated Areas
Indicates Conditional Zoning District (CZD)
See Section 5.7 of the UDOCOD
B-1 AC R-5 EDZD
CB I-1 R-7 PD
B-2 I-2 R-10 RMF-X
CS AR R-15 RMFU
SC RA R-20 UMXZ
O&I R-20S
Zoning Districts
CZD RMF-M/
Townhomes
R-15/Undeveloped7500 block
Carolina Beach Rd
Z21-10
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
440
Feet
Subject Site
Planning Board - August 5, 2021
ITEM: 1 - 3 - 1
Ca
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Tarpon Dr
Capeside Dr
Ocracoke Dr
Grand Banks Dr
TrevisLn
SeabreezeRd
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General
Residential
Community
Mixed Use
New Hanover County, NCCONSERVATION
RURAL RESIDENTIAL
COMMUNITY MIXED USE
URBAN MIXED USE
GENERAL RESIDENTIAL
EMPLOYMENT CENTER
COMMERCE ZONE
Place Types
CZD RMF-M/
Townhomes
R-15/Undeveloped7500 block
Carolina Beach Rd
Z21-10
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
440
Feet
Subject Site
Planning Board - August 5, 2021
ITEM: 1 - 4 - 1
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R-15/Undeveloped7500 block
Carolina Beach Rd
Z21-10
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
440
Feet
Subject Site
Planning Board - August 5, 2021
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APPLICANT
MATERIALS
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Page 1 of 6
Conditional Zoning District Application – Updated 12-2020
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
CONDITIONAL ZONINGAPPLICATION
This application form must be completed as part of a conditional zoning application submitted through the county’s
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.3 of the Unified Development Ordinance.
Public Hearing Procedures
(Optional)
Pre-Application Conference
1
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Hearing &
Recom-
mendation
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
1.Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
Cindee Wolf
Design Solutions
P.O. Box 7221
Wilmington, NC 28406
910-620-2374
cwolf@lobodemar.biz
Sanjeev B. & Hita S. Badhiwala
5424 Aventuras Drive
Wilmington, NC 28409
910-742-1112 (Contact: Matt Ward)
matt@woodseng.com
Planning Board - August 5, 2021
ITEM: 1 - 7 - 2
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.
Community Mixed-Use
7578 Carolina Beach Road313110.37.6263/ R08500-002-022-000
1.50 ac+/-R-15
1.50 ac+/-CZD / RMF-M
The proposed project is to develop sixteen (16) attached / single-family residences in four (4) -unitbuildings. They will be constructed for individual ownership. Utility service will be provided by AQUAAmerica water & sanitary sewer mains. Access is directly from Carolina Beach Road, a majorthoroughfare. Stormwater management be facilitated by a pond.
Reference the Concept Plan for site layout and improvements. If approved, proposed project will gothrough detailed design and permitting by all County departments and State agencies prior toconstruction authorization.
Planning Board - August 5, 2021
ITEM: 1 - 7 - 3
Page 3 of 6
Conditional Zoning District Application – Updated 12-2020
5.Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of
the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for
all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this
application.
ITE Land Use:
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
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.
Residential Townhouse (230)
The policies for growth and development encourage safe and affordable housing to beavailable to every citizen. Sustainability of the County depends on sensible in-fill andmaximizing use of lands already accessible to urban services. The proposed developmentwill provide for an alternative housing product in the area.
per Dwelling Unit @ 16
7 8
Planning Board - August 5, 2021
ITEM: 1 - 7 - 4
Page 4 of 6
Conditional Zoning District Application – Updated 12-2020
2.How would the requested Conditional Zoning district be consistent with the property’s classification on the
2016 Comprehensive Plan’s Future Land Use Map.
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 tract is identified in the Comprehansive Land Use Plan as a "Community Mixed-Use" place-type.The plan suggests higher densities. The proposed project is an acceptable transition use along the busier Carolina Beach Road, and the single-family / "age-restricted" residential community of CapesideVillage to the West.
Carolina Beach Road is a major thoroughfare, and has become extremely busy over the years. Theseundeveloped tracts along the highway are no longer attractive for the classic single-family home. Attached housing is a reasonable transitional use. Increased density allows for more affordability.
Planning Board - August 5, 2021
ITEM: 1 - 7 - 5
Page 5 of 6
Conditional Zoning District Application – Updated 12-2020
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as
“N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review;
Staff will confirm if an application is complete within five business days of submittal.
Application Checklist Applicant Initial
This application form, completed and signed
Application fee:
x $600 for 5 acres or less
x $700 for more than 5 acres
x $300 in addition to base fee for applications requiring TRC review
Community meeting written summary
Traffic impact analysis (if applicable)
Legal description (by metes and bounds) or recorded survey Map Book and Page
Reference of the property requested for rezoning
Conceptual Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
x Proposed use of land, building areas and other improvements
o For residential uses, include the maximum number, height, and type
of units; area to be occupied by the structures; and/or proposed
subdivision boundaries.
o For non-residential uses, include the maximum square footage and
height of each structure, an outline of the area structures will
occupy, and the specific purposes for which the structures will be
used.
x Proposed transportation and parking improvements; including proposed
rights-of-way and roadways; proposed access to and from the subject site;
arrangement and access provisions for parking areas.
x All existing and proposed easements, required setbacks, rights-of-way, and
buffers.
x The location of Special Flood Hazard Areas.
x A narrative of the existing vegetation on the subject site including the
approximate location, species, and size (DBH) of regulated trees. For site
less than 5 acres, the exact location, species, and sized (DBH) of specimen
trees must be included.
x Approximate location and type of stormwater management facilities
intended to serve the site.
x Approximate location of regulated wetlands.
x Any additional conditions and requirements that represent greater
restrictions on development and use of the tract than the corresponding
general use district regulations or additional limitations on land that may be
regulated by state law or local ordinance
One (1) hard copy of ALL documents and site plan. Additional hard copies may be
required by staff depending on the size of the document/site plan.
One (1) digital PDF copy of ALL documents AND plans
CW
CW
CW
CW
CW
CW
CW
N/A
Planning Board - August 5, 2021
ITEM: 1 - 7 - 6
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Sanjeev Badhiwala
Planning Board - August 5, 2021
ITEM: 1 - 7 - 7
Legal Description for
Conditional Zoning District over
7578 Carolina Beach Road
Beginning at a point in the western boundary of Carolina Beach Road (U.S. Hwy. 421), a 160’
public right‐of‐way; said point also being at the southeastern corner of “Lot 1 – Mary Freeman
Ford Division,” a plat recorded among the land records of the New Hanover County Registry in
Map Book 32, at Page 121; and running thence with the Carolina Beach Road right‐of‐way:
South 13057’12” West, 208.72 feet to a point; thence,
South 89010’51” West, 322.90 feet to a point; thence
North 13057’12” East, 208.72 feet to a point; thence
North 89010’51” East, 322.90 feet to the point and place of beginning, containing 65,270
square feet, or 1.50 acres, more or less.
Planning Board - August 5, 2021
ITEM: 1 - 7 - 8
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Project Name: ASMW Townhomes / 7578 Carolina Beach Road
Proposed Zoning: R-15 to (CZD) RMF-M
The undersigned hereby certifies that written notice of a community meeting on the above
zoning application was given to the adjacent property owners set forth on the attached list by
first class mail, and provided to the Planning Department for notice of the Sunshine List on
June 14, 2021 . A copy of that written notice and a list of recipients are attached.
Subsequently, one of the recipients objected to the venue and offered the community
clubhouse as an alternative. Another mailing was made for the updated location. It is also
attached.
The meeting was held at the following time and place: Monday, June 28, 2021
6:00 p.m.; at the Capeside Village Clubhouse, 704 Capeside Drive.
The persons in attendance at the meeting were: Reference attached sign-in List.
The following issues were discussed at the meeting: A presentation was given on the
proposed project, how it relates to the Comp Plan and the particulars about Conditional
Zoning Districts. A representative from the community gave a presentation and provided a
Petition of signatures outlining the various points their opposition (See Attached).
Subsequent conversation revolved around mistrust in the stormwater regulations to protect
them and the ever-increasing traffic on Carolina Beach Road.
Some opponents simply did not want anything to be developed on the site, and others
made a request that the developers consider age-restricting the proposed development
as would be similar to their community.
As a result of the meeting, the following changes were made to the petition: No changes were
made to the concept layout of sixteen (16) units, but the developers are pro-actively
reviewing the soils and preliminary stormwater management design.
Date: June 29, 2021
Applicant: Design Solutions
By: Cindee Wolf
Planning Board - August 5, 2021
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June 22, 2021 To: Adjacent Property Owners Re: Townhome Community at 7578 Carolina Beach Road This message is follow‐up to a leƩer recently sent to you as noƟce for a project informaƟon meeƟng. Due to concerns
about the heat & possibility of inclement weather for an
outdoor venue, we have relocated the meeƟng to:
Capeside Village Clubhouse,
704 Capeside Drive, 6:00 p.m., June 28th.
Also, please do not hesitate to contact me at:
Telephone: 910‐620‐2374, or Email: cwolf@lobodemar.biz
if you cannot aƩend & have comments or quesƟons.
Thank you.
Cindee Wolf
Planning Board - August 5, 2021
ITEM: 1 - 7 - 31
P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz
Transmittal
June 14, 2021
To: Adjacent Property Owners
From: Cindee Wolf
Re: A Performance Residential Townhome Development
At 7578 Carolina Beach Road
My clients are interested in developing a sixteen (16)‐unit residential community on lands
within the proximity of your property. 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 plan of the project layout is enclosed.
The County requires that the developer hold a meeting for all property owners within 500 feet
of the tract boundary, and any and all other interested parties. This provides neighbors with an
opportunity for explanation of the proposal and for questions to be answered concerning
project improvements, benefits and impacts.
A meeting will be held on Monday, June 28th, at the Veteran’s Park Picnic Shelter #2, 6:00 p.m.
The location is off the parking lot north of the tennis courts, 355 Halyburton Memorial Parkway.
If you cannot attend, you are also welcome to contact me at telephone # 910‐620‐2374, or
email cwolf@lobodemar.biz with comments and/or questions.
We appreciate your interest in the project, and look forward to being a good neighbor and an
asset to the community.
Planning Board - August 5, 2021
ITEM: 1 - 7 - 32
Pl
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PROPOSED
SITE PLAN
Planning Board - August 5, 2021
ITEM: 1 - 8 - 1
Planning Board - August 5, 2021
ITEM: 1 - 8 - 2
Planning Board - August 5, 2021ITEM: 1- 9 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 8/5/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Nicole Smith, Senior Planner
CONTACT(S): Nicole Smith, Rebekah Roth, Planning & Land Use Director
SUBJECT:
Rezoning Request (Z21-11)- Request by Craig Johnson, applicant on behalf of the property owner, SOCOL, LLC, to
rezone approximately 5.1 acres of land located at 4606, 4618, & 4626 South College Road from R-15, Residen@al
District to (CZD) R-5, Condi@onal Residen@al Moderate-High Density District, in order to develop a 40-unit single-
family development.
BRIEF SUMMARY:
The applicant is seeking to rezone 5.1 acres of land located at 4606, 4618, & 4626 South College Road from R-15 to
(CZD) R-5 (Condi-onal Residen-al Moderate-High Density District).
The purpose of the R-5, Residen-al Moderate-High Density District is to provide lands that accommodate
moderate to high density residen-al development on smaller lots with a compact and walkable development pa3ern.
The R-5 district allows a range of housing types and can be developed in conjunc-on with a non-residen-al district to
create a ver-cal mixed-use development pa3ern as well as serve as a transi-on between mixed-use or commercial
development and low to moderate density residen-al development.
The applicant is proposing to construct a 40-lot single-family residen-al development. Primary access to the
development will be provided on Jasmine Cove Way. The proposal would include about 1.11 acres of open space,
which exceeds the County’s requirement of providing 20% open space.
Under the County’s performance residen-al standards, the subject parcel would be permi3ed up to 13 dwelling units at
a density of 2.5 du/ac. The proposed 40 lots equate to an overall density of 7.8 du/ac.
As currently zoned the subject site would be permi3ed up to 13 dwelling units at 2.5 du/ac under the performance
residen-al standards. A development of this scale is es-mated to generate about 33-42 trips during the peak hours, for
an increase of 19-28 trips during the peak hours. 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.
Based on the current general student genera-on rate, staff would es-mate that the increase in homes would result in
approximately 6 addi-onal students than would be generated under current zoning. The general student genera-on
rate provides only an es-mate of an-cipated student yield as different forms of housing at different price points yield
different numbers of students. Over the past four years, staff has also seen a decline in the number of students
generated by new development. Student numbers remained rela-vely stable between 2015 and 2020 (excep-ng the
impacts of the COVID-19 pandemic), while 14,500 new residen-al units were permi3ed across the county. In addi-on,
the student popula-on is an-cipated to only grow by approximately 1,300 students over the next 10 years based on
the recent New Hanover County Schools Facility Needs Study. Please refer to the Schools sec-on included in this
report for addi-onal informa-on on school enrollment and capacity.
Planning Board - August 5, 2021
ITEM: 2
While the area was zoned for low density housing in 1969, and the 2016 Comprehensive Plan encourages lower density
housing in this par-cular area, the recommended density range is up to approximately 8 du/ac .The rezoning will result
in an increase in density from 2.5 du/ac to 7.8 du/ac. The property abuts established single-family neighborhoods to
the north and west, a place of worship to the east, and a moderate density residen-al development to the south. Silver
Creek Village at Jasmine Cove, north of the request, is zoned R-15 and contains a density of 8.7 units per acre.
Fortune Place II, south of the request, located within the municipal limits, is zoned MF-L(CD) and contains a density of
2.6 units per acre. The intent of the R-5 zoning district is to serve as a transi-on between mixed-use or commercial
development and low to moderate density residen-al development.
The New Hanover County Future Land Use Map provides a general representa-on of the vision for New Hanover
County’s future land use, as designated by place types describing the character and func-on of the different types of
development that make up the community. These place types are intended to iden-fy general areas for par-cular
development pa3erns and should not be interpreted as being parcel specific. The subject parcel is General Residen-al.
The proposed (CZD) R-5, Condi-onal Residen-al Moderate-High Density District rezoning is generally CONSISTENT
with the intent of the 2016 Comprehensive Plan because the project provides for the types of uses and
density recommended in the General Residen-al place type and the proposal will provide a transi-on between a place
of worship and the established low and moderate residen-al neighborhoods.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of this applica-on and suggests the following mo-on:
I move to APPROVE the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the project provides for the types of uses and
density recommended in the General Residen-al place type and the proposal will provide a transi-on
between a place of worship and the exis-ng low and moderate density housing. I also find APPROVAL of
the rezoning request is reasonable and in the public interest because the proposal supports the County’s
goals of providing for a range of housing types and opportuni-es for households of different sizes and
income levels.
(Op-onal) Note any condi-ons to be added to the district.
Alterna-ve Mo-on for Denial:
I move to DENY the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the project provides for the types of uses
recommended in the General Residen-al place type, the residen-al densi-es are in-line with those
recommended for the property, and the project will provide an appropriate transi-on between a place of
worship and exis-ng low and moderate density housing, I find DENIAL of the rezoning request is
reasonable and in the public interest because the proposal is not consistent with the desired character of
the surrounding community and the density will adversely impact the adjacent neighborhoods.
ATTACHMENTS:
Descrip-on
Planning Board - August 5, 2021
ITEM: 2
Z21-11 PB Script
Z21-11 Staff Report PB
Z21-11 Zoning Map
Z21-11 Future Land Use Map
Z21-11 Neighboring Properties
Z21-11 Applicant Materials CS
Z21-11 Application Package
Z21-11 Concept Plan CS
Z21-11 Proposed Concept Plan
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - August 5, 2021
ITEM: 2
SCRIPT for Zoning Map Amendment Application (Z21-11)
Request by Craig Johnson, applicant on behalf of the property owner, SOCOL, LLC, to rezone
approximately 5.1 acres of land located at 4606, 4618, & 4626 South College Road from R-15,
Residential District to (CZD) R-5, Conditional Residential Moderate-High Density District, in order to
develop a 40-unit single-family development.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (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 for Approval
I move to APPROVE the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the project provides for the
types of uses and density recommended in the General Residential place type, the proposal
will provide a transition between a place of worship and the existing low and moderate density
housing. I also find APPROVAL of the rezoning request is reasonable and in the public interest
because the proposal supports the County’s goals of providing for a range of housing types
and opportunities for households of different sizes and income levels.
[Optional] Note any conditions to be added to the district.
Example Motion for Denial
I move to DENY the proposed rezoning to a (CZD) R-5 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project
provides for the types of uses recommended in the General Residential place type and the
residential densities are in-line with those recommended for the property, and the project will
provide an appropriate transition between a place of worship and existing low and moderate
density housing, I find DENIAL of the rezoning request is reasonable and in the public interest
because the proposal is not consistent with the desired character of the surrounding community
and the density will adversely impact the adjacent neighborhoods.
Planning Board - August 5, 2021
ITEM: 2 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a conditional R-5 district. I find it to be
[Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert
reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest
because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - August 5, 2021
ITEM: 2 - 1 - 2
Z21-11 Staff Report PB 8.5.2021 Page 1 of 15
STAFF REPORT FOR Z21-11
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z21-11
Request:
Rezoning to a (CZD) R-5, Conditional Residential Moderate-High Density District
Applicant: Property Owner(s):
Craig Johnson with River Birch Investments, LLC SOCOL, LLC
Location: Acreage:
4606, 4618, & 4626 South College Road 5.1
PID: Comp Plan Place Type:
R07100-003-567-000
R07100-003-568-000
R07100-003-046-000
General Residential
Existing Land Use: Proposed Land Use:
Undeveloped Single-family residential development
Current Zoning: Proposed Zoning:
R-15, Residential (CZD) R-5
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential R-15
East Single-Family Residential R-15
South Single-Family Residential City MF-L (CD)
West
Single-Family Residential R-15
Planning Board - August 5, 2021
ITEM: 2 - 2 - 1
Z21-11 Staff Report PB 8.5.2021 Page 2 of 15
ZONING HISTORY
October 15, 1969 Initially zoned R-15 (Masonboro)
COMMUNITY SERVICES
Water/Sewer Water and sewer services are available through CFPUA.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Myrtle Grove Station
Schools Williams Elementary, Myrtle Grove Middle, and Ashley High School
Recreation Echo Farms Park, 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 - August 5, 2021
ITEM: 2 - 2 - 2
Z21-11 Staff Report PB 8.5.2021 Page 3 of 15
APPLICANT’S PROPOSED CONCEPTUAL PLAN
• The applicant is proposing to rezone 5.1acres to (CZD) R-5, Conditional Residential
Moderate-High Density District.
• The applicant is proposing to construct a 40-lot single-family residential development.
• Primary access to the development will be provided on Jasmine Cove Way.
• The proposal would include about 1.11 acres of open space, which exceeds the County’s
requirement of providing 20% open space.
ZONING CONSIDERATIONS
• The R-15 district in this area was established in 1969. The purpose of the R-15 district is to
provide lands that accommodate very low to low density residential development that can
serve as a transition between very low-density residential development patterns and
smaller lot, more dense residential areas of the County.
• Under the County’s performance residential standards, the subject parcel would be
permitted up to 13 dwelling units at a density of 2.5 du/ac. The proposed 40 lots equate
to an overall density of 7.8 du/ac.
• The purpose of the R-5, Residential Moderate-High Density District is to provide lands that
accommodate moderate to high density residential development on smaller lots with a
compact and walkable development pattern. The R-5 district allows a range of housing
types and can be developed in conjunction with a non-residential district to create a vertical
mixed-use development pattern as well as serve as a transition between mixed-use or
commercial development and low to moderate density residential development.
• The site is situated between low-density residential to the north and west, a place of worship
to the east, and a moderate density residential development to the south.
Planning Board - August 5, 2021
ITEM: 2 - 2 - 3
Z21-11 Staff Report PB 8.5.2021 Page 4 of 15
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - August 5, 2021
ITEM: 2 - 2 - 4
Z21-11 Staff Report PB 8.5.2021 Page 5 of 15
TRANSPORTATION
• Primary access to the development will be from Jasmine Cove Way, a public local street.
• As currently zoned the subject site would be permitted up to 13 dwelling units at 2.5 du/ac
under the performance residential standards. A development of this scale is estimated to
generate about 33-42 trips during the peak hours, for an increase of 19-28 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.
Planning Board - August 5, 2021
ITEM: 2 - 2 - 5
Z21-11 Staff Report PB 8.5.2021 Page 6 of 15
Comparison of Potential Trip Generation Scenarios
Intensity Approx. Peak Hour Trips
Existing Zoning
(R-15)
13 single family units 14 / 14 (AM / PM)
Proposed Development
(CZD)R-5)
40 single family units 33 / 42 (AM / PM)
Net Change 27 single family units 19 / 28 (AM / PM)
• Because a TIA is not required to analyze transportation impacts, staff has provided the
volume to capacity ratio for the adjacent roadway. While the 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 (ADT) -2019
Road Location Volume Capacity V/C
S. College Road 4600 Block 32,500
AADT
41,368 .76
Planning Board - August 5, 2021
ITEM: 2 - 2 - 6
Z21-11 Staff Report PB 8.5.2021 Page 7 of 15
Nearby Planned Transportation Improvements and Traffic Impact Analyses
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 realignment of the roadway
and the westbound right turn lane to S. College Road. The project is currently
scheduled to begin after 2029.
Planning Board - August 5, 2021
ITEM: 2 - 2 - 7
Z21-11 Staff Report PB 8.5.2021 Page 8 of 15
• STIP Project U-5702B
o Project to make access management improvements to S. College Road from
Shipyard Boulevard to Carolina Beach Road.
o The project is currently scheduled to begin after 2029.
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
• Whiskey Branch • 510 multifamily units
• 50,000 square feet of
general office
• 122,700 square feet of
shopping center
• The Addendum
was approved on
June 15, 2020
• Full build 2024
The TIA required improvements be completed at certain intersections in the area. The
notable improvements consisted of
• Installation of a new signalized northbound to southbound u-turn lane at S. College
Road, north of Weybridge Lane (at Lansdowne Road)
• Installation of turn lanes and signalized directional cross over at S. College Road and
northern access point
• Signalization of northbound to southbound movement at the existing u-turn lanes on
S. College Road
• Installation of a turn lane at S. College Road and the southern access point
▪ Nearby Proposed Developments included within the TIA:
• None
Development Status: Underway
ENVIRONMENTAL
• The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
• The property is within the Bernards Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property
consist of Class III (severe limitation). However, the site is expected to be served by Cape Fear Public
Utility Authority when developed.
Planning Board - August 5, 2021
ITEM: 2 - 2 - 8
Z21-11 Staff Report PB 8.5.2021 Page 9 of 15
OTHER CONSIDERATIONS
SCHOOLS
• Students living in the proposed development would be assigned to Williams Elementary,
Myrtle Grove Middle, and Ashley High Schools. Students may apply to attend public
magnet, year-round elementary, or specialty high schools.
• Under the current zoning, density would be limited to a maximum of 13 dwelling units. A
maximum of 40 units could be developed under the proposed rezoning.
• Based on the current general student generation rate*, the increase in homes would result
in approximately 6 additional students than would be generated under current zoning.
• The general student generation rate provides only an estimate of anticipated student
yield as different forms of housing at different price points yield different numbers of
students. Over the past four years, staff has also seen a decline in the number of students
generated by new development. Student numbers remained relatively stable between
2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new
residential units were permitted across the county. In addition, the student population is
anticipated to only grow by approximately 1,300 students over the next 10 years based
on the recent New Hanover County Schools Facility Needs Study.
Development Type Intensity Estimated Student Yield
(current general student generation rate)*
Existing Development Undeveloped Approximate**Total: 0
(0 elementary, 0 middle, 0 high
Typical Development under
Current R-15 Zoning 13 residential units Approximate**Total: 3
(1 elementary, 1 middle, 1 high)
Proposed (CZD) R-5 Zoning 40 residential units Approximate**Total: 9
(4 elementary, 2 middle, 3 high)
*The current general student generation rate was calculated by dividing the projected New Hanover County public school student
enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22
public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover
County. These numbers are updated annually and include students attending out-of-district specialty schools, such as year-round
elementary schools, Isaac Bear, and SeaTech.
**Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction
of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result
in student numbers at the elementary, middle, and high school levels not equaling the approximate total.
• Given the size of the proposed development, it may have a build-out date within 5 years,
so staff has outlined existing school capacity to provide a general impact 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 trends in student population changes.
Planning Board - August 5, 2021
ITEM: 2 - 2 - 9
Z21-11 Staff Report PB 8.5.2021 Page 10 of 15
School Enrollment* and Capacity** (2021-2022 School Year)
* Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2021-2022 school
year.
**Capacity calculations were determined based on the projected capacities for the 2021-2022 school year, and
funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover
County Schools to the Board of Education in January 2021. This information does not take into account flexible
scheduling that may be available in high school settings, which can reduce the portion of the student body on campus
at any one time.
• The recent facility needs survey that has been prepared by Schools staff indicates that,
based on NC Department of Public Instruction (DPI) student growth projections and school
capacity data, planned facility upgrades, combined with changes to student enrollment
patterns, will result in adequate capacity district wide over the next 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 R-5 zoning district would allow for new residents to utilize existing goods and
services within one mile of the subject property.
• The predominant housing type in the area is single family detached. Under the proposed
R-5 district single family detached residences would remain the dominant housing type.
• The subject property is located in the Monkey Junction community area, where 67% 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.)
• With the proposed number of units and a recently approved mixed use project nearby
incorporating housing and retail/commercial (Whiskey Branch Planned Development), the
number of residences within one-mile of goods and services would increase (67% to 69%).
Level
Total
NHC
Capacity School
Enrollment
of Assigned
School
Capacity
of
Assigned
School w/
Portables
Capacity
of
Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 95% Williams 412 412 100% None
Middle 108%
Myrtle
Grove 740 738 100% None
High 100% Ashley 1,990 1,896 105% None
Planning Board - August 5, 2021
ITEM: 2 - 2 - 10
Z21-11 Staff Report PB 8.5.2021 Page 11 of 15
REPRESENTATIVE DEVELOPMENTS
Representative Developments of R-15
Cottage Grove
Clay Crossing
Planning Board - August 5, 2021
ITEM: 2 - 2 - 11
Z21-11 Staff Report PB 8.5.2021 Page 12 of 15
Representative Developments of R-5
Context and Compatibility
• While the area was zoned for low density housing in 1969, and the 2016 Comprehensive
Plan encourages lower density housing in this particular area, the recommended density
range is up to approximately 8 du/ac .
• The rezoning will result in an increase in density from 2.5 du/ac to 7.8 du/ac.
• The property abuts established single-family neighborhoods to the north and west, a place
of worship to the east, and a moderate density residential development to the south.
• Silver Creek Village at Jasmine Cove, north of the request, is zoned R-15 and contains a
density of 8.7 units per acre.
• Fortune Place II, south of the request, located within the municipal limits, is zoned MF-L(CD)
and contains a density of 2.6 units per acre.
• The intent of the R-5 zoning district is to serve as a transition between mixed-use or
commercial development and low to moderate density residential development.
Planning Board - August 5, 2021
ITEM: 2 - 2 - 12
Z21-11 Staff Report PB 8.5.2021 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 ranging up to approximately 8 du/ac and
typically consisting of single-family or duplexes. Types of appropriate uses
include single-family residential, low-density multi-family residential, light
commercial, civic and recreational.
Planning Board - August 5, 2021
ITEM: 2 - 2 - 13
Z21-11 Staff Report PB 8.5.2021 Page 14 of 15
Analysis
The proposed (CZD) R-5 zoning would provide a transition in density and
intensity between the place of worship along S. College Road frontage,
designated as Community Mixed Use development, and the variety of
densities within the established single-family neighborhoods north, west, and
east of the subject site. Providing options for alternative housing types in
direct relationship to single-family detached development is one of the
stated intents for this district.
While connectivity is difficult for this location due to the existing
development pattern and roadway configuration in the area, the proposed
development will connect with Jasmine Cove Way. Future residents will also
have access to an existing Wave Transit stop on South College Road,
located between Jasmine Cove Way and Pine Hollow Drive to access goods
and services in close proximity.
The proposal is in line with the preferred density range for the General
Residential place type. This place type envisions lower density residential
development up to 8 dwelling units per acre. The applicant is proposing
40 lots, for an overall density of 7.8 units per acre.
Consistency
Recommendation
The proposed (CZD) R-5, Conditional Residential Moderate-High Density
District rezoning is generally CONSISTENT with the intent of the 2016
Comprehensive Plan because the project provides for the types of uses and
density recommended in the General Residential place type and the
proposal will provide a transition between a place of worship and the
established low and moderate residential neighborhoods.
STAFF RECOMMENDATION
While this area was zoned for low density housing in 1969, and the 2016 Comprehensive Plan
encourages lower density in this particular area, the proposed 7.8 du/ac density is consistent with
the recommended range of approximately 8 du/ac envisioned on the plan. Adjacent land uses
include established neighborhoods, to the north, west and south, with density ranging from 2.6 units
per acre to 8.7 units per acre, and a place of worship to the east. The intent of the proposed R-5
zoning district is to serve as a transition between mixed-use or commercial development and low to
moderate density residential development. As a result,
Staff recommends approval of this application and suggests the following motion:
I move to APPROVE the proposed rezoning to a (CZD) R-5 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provides for the types of uses and density recommended in the General
Residential place type and the proposal will provide a transition between a place of
worship and the existing low and moderate density housing. I also find APPROVAL of
the rezoning request is reasonable and in the public interest because the proposal
supports the County’s goals of providing for a range of housing types and opportunities
for households of different sizes and income levels.
(Optional) Note any conditions to be added to the district.
Planning Board - August 5, 2021
ITEM: 2 - 2 - 14
Z21-11 Staff Report PB 8.5.2021 Page 15 of 15
Alternative Motion for Denial
I move to DENY the proposed rezoning to a (CZD) R-5 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provides for the types of uses recommended in the General Residential place
type, the residential densities are in-line with those recommended for the property, and
the project will provide an appropriate transition between a place of worship and
existing low and moderate density housing, I find DENIAL of the rezoning request is
reasonable and in the public interest because the proposal is not consistent with the
desired character of the surrounding community and the density will adversely impact
the adjacent neighborhoods.
Planning Board - August 5, 2021
ITEM: 2 - 2 - 15
Gate
PostLn
PineviewDr
G o o d w o o dWay
College
Rd
SplitRail
Dr
Jasmine C o v e W a y
TrumpetVine Wa y
C l o verlandWay
Private
Pine Hollow Dr
New Hanover County, NCSHODIncorporated Areas
Indicates Conditional Zoning District (CZD)
See Section 5.7 of the UDOCOD
B-1 AC R-5 EDZD
CB I-1 R-7 PD
B-2 I-2 R-10 RMF-X
CS AR R-15 RMFU
SC RA R-20 UMXZ
O&I R-20S
Zoning Districts
CZD R-5/
Single-Family
R-15/
Single-Family Home
4600 block
College Rd S
Z21-11
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
525
Feet
Subject Site
Planning Board - August 5, 2021
ITEM: 2 - 3 - 1
G a t e Post Ln
PineviewDr
Co
l
l
e
g
e
R
d
SplitRailDr
JasmineCoveWay
Tru
m
p
e
t
V
i
n
e
W
a
y
Cloverlan
d
W
a
y
Private
PineHollowDr
General
Residential
Community
Mixed Use
New Hanover County, NCCONSERVATION
RURAL RESIDENTIAL
COMMUNITY MIXED USE
URBAN MIXED USE
GENERAL RESIDENTIAL
EMPLOYMENT CENTER
COMMERCE ZONE
Place Types
CZD R-5/
Single-Family
R-15/
Single-Family Home
4600 block
College Rd S
Z21-11
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
525
Feet
Subject Site
Planning Board - August 5, 2021
ITEM: 2 - 4 - 1
G a t e P o s t L n
Pin
e
v
i
e
w
D
r
G o o d w o o dW
ay
College
Rd
SplitRailDr
JasmineCoveWay
T
r
u
mpetVineWay
Private
PineHollowDr
460146244609
4626
4607
4210 4214
4604
4615
4600
4607
4216
4602
4313
4604
4306
4309 4626
4614
4416
4414
4606
4201
4407
4612
4608
4619
4628
4702
4616
4310 4403
4400 4402
4311
4512
4315
46004620
4409
4608
4622
4603
4508
4410
4405
46094611
4616
46184622
4412
4503
4605
4509
4510
4614
4507
4515
4624
4610
4503
4511
4523
4618
4415
4519
4408
4601
4324
4303
4308
4615
4305
4307
4318
4630
4612
4314
4504
4506
4505
4507
4606
4511
4316
4606
42004513
4600
4620
4602
4601
4609
4615
4205
4609
4613
4605
4603
4617
4207
4611
4611
4619
4602
4520
5005
5024
5112
4510
45155151
4706
4704
4803
4611
4609
4607
4621
4614
4605
4640
4616
4615
4617
4617
4613
4580
4202
4612
4613
4604
4621
5035
5028
51395131
5109
4702
4707
5036
5138
5134
5130
4703
5031
5039
5032
5126
5135
5105
5043
5150
5143
5147
515450155019
5023 5027
51275123
51175113
5040
5144
4604
4606
4818
4618
4626
5155
5159
5171 51795166
5101
5109
5125
5129
5135
5139
5130
5273
5308
5301
5305
5309
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5270
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5167
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CO
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CITY
PD
Site
Neighboring Parcels
CZD R-5/
Single-Family
R-15/
Single-Family Home
4600 block
College Rd S
Z21-11
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
525
Feet
Subject Site
Planning Board - August 5, 2021
ITEM: 2 - 5 - 1
APPLICANT
MATERIALS
Planning Board - August 5, 2021
ITEM: 2 - 6 - 1
Planning Board - August 5, 2021
ITEM: 2 - 6 - 2
Page 1 of 6
Conditional Zoning District Application – Updated 05-2021
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
CONDITIONAL ZONING APPLICATION
This application form must be completed as part of a conditional zoning application submitted through the county’s
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.3 of the Unified Development Ordinance.
Public Hearing Procedures
(Optional)
Pre-Application
Conference
1
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Hearing &
Recom-
mendation
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
1.Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
Craig Johnson
River Birch Investments, LLC
PO Box 538
Wrightsville Beach, NC 28480
910.442.7500
craig@herringtonclassichomes.com
SOCOL, LLC
Richard Yang
5087 Edinboro Lane
Wilmington, NC 28409
910.470.0188
rsyebellsouth.net
Planning Board - August 5, 2021
ITEM: 2 - 7 - 1
Page 2 of 6
Conditional Zoning District Application – Updated 05-2021
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.
4606, 4618, 4626 S. College Rd
R07100-003-046-000;
R07100-003-567-000; R07100-003-568-000
5.1 acres R-15 & vacant & house General Residential
R-5 5.1 acres
See attached.
See attached.
Planning Board - August 5, 2021
ITEM: 2 - 7 - 2
Page 3 of 6
Conditional Zoning District Application – Updated 05-2021
5.Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of
the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for
all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this
application.
ITE Land Use: single family house
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
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.
See attached.
40 single family units
33 42
Planning Board - August 5, 2021
ITEM: 2 - 7 - 3
Page 4 of 6
Conditional Zoning District Application – Updated 05-2021
2.How would the requested Conditional Zoning district be consistent with the property’s classification on the
2016 Comprehensive Plan’s Future Land Use Map.
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?
See attached.
See attached.
Planning Board - August 5, 2021
ITEM: 2 - 7 - 4
Page 5 of 6
Conditional Zoning District Application – Updated 05-2021
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as
“N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review;
Staff will confirm if an application is complete within five business days of submittal.
Application Checklist Applicant Initial
This application form, completed and signed
Application fee:
•$600 for 5 acres or less
•$700 for more than 5 acres
•$300 in addition to base fee for applications requiring TRC review
Community meeting written summary
Traffic impact analysis (if applicable)
Legal description (by metes and bounds) or recorded survey Map Book and Page
Reference of the property requested for rezoning
Conceptual Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
•Proposed use of land, building areas and other improvements
o For residential uses, include the maximum number, height, and type
of units; area to be occupied by the structures; and/or proposed
subdivision boundaries.
o For non-residential uses, include the maximum square footage and
height of each structure, an outline of the area structures will
occupy, and the specific purposes for which the structures will be
used.
•Proposed transportation and parking improvements; including proposed
rights-of-way and roadways; proposed access to and from the subject site;
arrangement and access provisions for parking areas.
•All existing and proposed easements, required setbacks, rights-of-way, and
buffers.
•The location of Special Flood Hazard Areas.
•A narrative of the existing vegetation on the subject site including the
approximate location, species, and size (DBH) of regulated trees. For site
less than 5 acres, the exact location, species, and sized (DBH) of specimen
trees must be included.
•Approximate location and type of stormwater management facilities
intended to serve the site.
•Approximate location of regulated wetlands.
•Any additional conditions and requirements that represent greater
restrictions on development and use of the tract than the corresponding
general use district regulations or additional limitations on land that may be
regulated by state law or local ordinance
One (1) hard copy of ALL documents and site plan. Additional hard copies may be
required by staff depending on the size of the document/site plan.
One (1) digital PDF copy of ALL documents AND plans
Planning Board - August 5, 2021
ITEM: 2 - 7 - 5
Planning Board - August 5, 2021
ITEM: 2 - 7 - 6
3. Proposed Zoning, Use(s), & Narrative
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.
River Birch Investments, LLC is requesting the property, including parcels R07100-003-046-000,
R07100-003-568-000, and R07100-003-567-000, be rezoned to from R-15 to Residential
Moderate-High Density (R-5) District for a forty (40) lot, single family residential use of the
property to provide a necessary missing middle housing opportunity. The R-5 district allows a
range of housing types and can be developed in conjunction with a non-residential district to
create a vertical mixed-use development pattern as well as serve as a transition between
mixed-use or commercial development and low to moderate density residential development.
The project is proposed on three tracts of mostly vacant land with one residence. The proposed
project is an infill site currently surrounded by developed properties of single family and a
church and conveniently located between two commercial centers with the Pine Valley library
and shopping to the north and Monkey Junction to the south.
The Future Land Use Map identifies this site as General Residential. General Residential focuses
on lower density housing ranging up to approximately 8 units per acre and typically consisting
of single-family or duplexes. The proposed project is for single-family residential at under 8
units per acre which aligns with the properties’ classifications on the 2016 Comprehensive
Plan’s Future Land Use Map.
We will amentize the pond by placing walking trails and a dog park adjacent therefore having
the pond be a vital part of our active open space. The proposed project will plant street tress in
addition to other landscape amenities to enhance the visual appeal of the neighborhood.
The project will have access via of the public right of way of Jasmine Cove Way and a WAVE
transit stop is conveniently located at the intersection of Jasmine Cove Way and College Road.
There are no wetlands or waters of the US present within the boundaries of the project parcels.
Water and sewer are available to the property line of the project site.
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.
Planning Board - August 5, 2021
ITEM: 2 - 7 - 7
We will amentize the pond by placing walking trails and a dog park adjacent therefore having
the pond be a vital part of our active open space.
6. Conditional Zoning District Considerations
1. How would the requested change be consistent with the County’s policies for growth and
development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.
The proposed project is currently classified General Residential on the Future Land Use Map
and boarded by General Residential and Community Mixed Use. General Residential focuses on
lower density housing ranging up to approximately 8 units per acre and typically consisting of
single-family or duplexes. The proposed project is for single-family residential at under 8 units
per acre which aligns with the properties’ classifications on the 2016 Comprehensive Plan’s
Future Land Use Map.
The single family residential would assist with the County’s Strategic Plan Objective of
enhancing the self-sufficiency of individuals and families and Goal XV of providing a range of
housing types, opportunities, and choices. This project will provide a safe and conveniently
located community and provides another housing type near the employment centers as it is
located between two commercial centers with the Pine Valley library and shopping to the north
and Monkey Junction to the south.
2. How would the requested Conditional Zoning district be consistent with the property’s
classification on the 2016 Comprehensive Plan’s Future Land Use Map.
The proposed project is currently zoned General Residential and boarded by general residential
and community mixed use. General Residential focuses on lower density housing ranging up to
approximately 8 units per acre typically consisting of single family or duplexes. The proposed
project is for single-family residential at under 8 units per acre which aligns with the properties’
classifications on the 2016 Comprehensive Plan’s Future Land Use Map.
Planning Board - August 5, 2021
ITEM: 2 - 7 - 8
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 project site is boarded on the north by Jasmine Cove, a townhome community, Cedar Cove
Assisted Living Facility, and the Wilmington Shrine Club; to the east by religious institutions and
the Wilmington Shrine Club, the south by a religious institution; and to the south and west by
single family residential. The surrounding properties have not been developed in the typical R-
15 purpose of very low to low density residential development and the R-5 zoning with single
family lots would be a proper transition to the surrounding uses.
The R-5 district allows a range of housing types and can be developed in conjunction with a
non-residential district to create a vertical mixed-use development pattern as well as serve as a
transition between mixed-use or commercial development and low to moderate density
residential development. Due to the unique dimension of this tract, the proximity to College
Road, the proximity to transit and services, this site lends itself to meet the purpose of the R-5
zoning district.
Planning Board - August 5, 2021
ITEM: 2 - 7 - 9
Planning Board - August 5, 2021
ITEM: 2 - 7 - 10
Planning Board - August 5, 2021
ITEM: 2 - 7 - 11
132
EIP
ECM ECM
EX. REBAR
EIPEIPPT
EIPO
EX. REBAR EX. REBAR EIP
NMP EIPPT
IRS
ECM
EIPO
LOCATION MAP
SITE
NOTES
LEGEND
4002 1/2 OLEANDER DRIVE
WILMINGTON, NC 28403
PHONE (910) 799-4916
SUITE 203DANFORD
ASSOCIATES
LAND SURVEYING, P.C.
FIRM LIC# C-2797
HERRINGTON CLASSIC HOMES
Planning Board - August 5, 2021
ITEM: 2 - 7 - 12
EX. REBAR
EX. REBAR EIPPT
EIP
IRS
TBM
ECM
ECM EX. REBAR EIPPT
EIP
EIPO NMP
4002 1/2 OLEANDER DRIVE
WILMINGTON, NC 28403
PHONE (910) 799-4916
SUITE 203DANFORD
ASSOCIATES
LAND SURVEYING, P.C.
FIRM LIC# C-2797
HERRINGTON CLASSIC HOMES
Planning Board - August 5, 2021
ITEM: 2 - 7 - 13
ECM
EIPO
4002 1/2 OLEANDER DRIVE
WILMINGTON, NC 28403
PHONE (910) 799-4916
SUITE 203DANFORD
ASSOCIATES
LAND SURVEYING, P.C.
FIRM LIC# C-2797
HERRINGTON CLASSIC HOMES
Planning Board - August 5, 2021
ITEM: 2 - 7 - 14
Planning Board - August 5, 2021
ITEM: 2 - 7 - 15
Community Meeting Summary
for Conditional Rezoning Request by River Birch Investments, LLC
Meeting Date & Time: Tuesday June 29, 2021, 6:00 PM
Meeting Location: Zoom
Representatives from River Birch Investments, LLC, Intracoastal Engineering, PLLC, and
DAVENPORT Engineering (collectively, “Development Team”) hosted a meeting to introduce
the proposed development including parcels R07100-003-046-000, R07100-003-568-000, and
R07100-003-567-000, which is proposed to be rezoned to from R-15 to Residential Moderate-
High Density (R-5) District for a forty (40) lot, single family residential use currently known as
“Jasmine South”. Property owners within 500 ft. of Jasmine South, as required by New Hanover
County, were notified of the community meeting by mail on June 18, 2021.
The meeting allowed people to view a context aerial for general site location purposes and
a concept of the overall proposed conditional rezoning. The Development Team also provided a
brief overview of the public hearing process and technical review process for development projects
in New Hanover County.
The community asked the Development Team questions about the plans, and many of the same
questions were discussed repeatedly during the meeting. The following is a synopsis of the
comments heard at the meeting.
• A few people mentioned receiving the notice of the community meeting late and possible
difficulty of accessing the Zoom meeting. The Development Team agreed to set up a
separate email account for Jasmine South and to follow up with the neighbors after the
meeting.
• Attendees were most concerned about the density of the project. The Development Team
explained the project is intended to serve as workforce housing.
• Neighbors expressed worry about what type of housing product would be built. The
Development Team stated the proposed request will be for detached, single family housing.
• Questions were presented regarding homes sizes and sale prices. The Development Team
explained the exact product type is still under consideration, but the home size is estimated
to be 1600 sq feet with a price range starting at $250,000.
• One participant expressed concerns over potential air, light, and noise pollution. The
Development Team explained the proposal is for single family residential and any street
lights will be required to shine down on Jasmine South.
• Concerns were raised over the potential for Jasmine South to lower the property value of
the adjacent neighborhoods. Again, the Development Team explained the exact product
type is still under consideration, but the home size is estimated to be 1600 sq feet with a
price range starting at $250,000.
• Neighbors asked if the project would seek government assistance or subsidies. The
Development Team said no.
• Concerns were raised regarding the project's impact on the school system and bus stops.
The Development Team agreed to discuss this concern with New Hanover County staff.
• Neighbors expressed concern over the visibility of the structures from their properties. The
Development Team is going to work on potential elevations of the proposed single family
Planning Board - August 5, 2021
ITEM: 2 - 7 - 16
detached homes. The project site has few trees and it appears most are within the adjacent
Homeowner Association areas.
• A question was asked if Jasmine South would be fenced. The Development Team stated
that due to the desire for workforce housing, the proposal does not include a fence.
However, homeowners could certainly install them if they chose.
• Neighbors had concerns over the current stormwater issues, ponds, and ditches as well as
the potential hazards of a pond. It was explained that the state stormwater regulations
require the project to treat all water on site and not contribute to flooding in the area. The
ponds are not required to be fenced under New Hanover County code requirements.
• Concerns centered around traffic that will be created by the development and the proposed
access. The Development Team explained a traffic impact analysis was not warranted but
they did study the traffic and found 33 AM Peak Hour Trips and 42 PM Peak Hour Trips.
The Development Team explained that Jasmine Cove Way is a public road and that is why
it will be used for access to the project instead of access through third party private
property.
• Jasmine South proposed a dog park and neighbors were concerned over noise and fencing.
The proposed dog park would be fenced and was proposed as an additional amenity to
Jasmine South.
• A question was asked if there had been an environmental study completed and if there was
any endangered wildlife. The Development Team stated they had completed an
environmental survey to determine if there were any wetlands or waters of the U.S. present
within the boundaries of the parcels and there were none found. A study had not been done
for wildlife but the Development Team would check with New Hanover County since there
is other recent development in the area.
• One neighbor asked about Native American camps on the site. The Development Team had
no knowledge of such but agreed to check with New Hanover County since there is other
recent development in the area.
• Questions arose regarding the water and sewer capacity and connection areas. CFPUA has
stated there is capacity and connections are located on Jasmine Cove Way.
Attached, please find the sign-up sheet and a copy of emails received regarding the proposed
meeting.
Planning Board - August 5, 2021
ITEM: 2 - 7 - 17
PROPOSED
SITE PLAN
Planning Board - August 5, 2021
ITEM: 2 - 8 - 1
Planning Board - August 5, 2021
ITEM: 2 - 8 - 2
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Planning Board - August 5, 2021ITEM: 2- 9 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 8/5/2021
Other Business
DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning & Land Use Director
CONTACT(S): Rebekah Roth
SUBJECT:
Height Standards Amendment Concepts Presenta0on
BRIEF SUMMARY:
Based on the conversa on at the July Planning Board mee ng, staff has revised the height standards amendment
concepts for mul -family and nonresiden al structures presented in May upon the request of Board of Commissioners
Vice Chair Hays.
The concepts that will be presented include:
Increasing height standards for Residen al Mul -Family (RMF) districts to allow four-story buildings;
Adjus ng height limits in commercial and industrial districts to allow for the building heights recommended in the
2016 Comprehensive Plan;
Providing addi onal height allowances to ensure that our ordinance can accommodate changing construc on
standards and structure types envisioned for these districts; and
Allowing height maximums to be established in Master Development Plans for Planned Development and Urban
Mixed Use Zoning Districts.
At the mee ng, staff will present the concepts and provide summary sheets and amendment dra:s for review. If the
Planning Board is suppor ve of the dra: concepts, they will be amended to incorporate any feedback and released for
public comment following the mee ng.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presenta on and provide feedback.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - August 5, 2021
ITEM: 3