HomeMy WebLinkAbout2016-07-07 July 7 2016 PB Agenda PackageAGENDA
NEW HANOVER COUNTY PLANNING BOARD
New Hanover County Historic Courthouse
24 North Third Street, Assembly Room 301
Wilmington, NC
DONNA GIRARDOT, CHAIRMAN - ANTHONY PRINZ, VICE-CHAIRMAN
TAMARA MURPHY, BOARD MEMBER - ERNEST OLDS, BOARD MEMBER
THOMAS "JORDY" RAWL, BOARD MEMBER - EDWARD T. (TED) SHIPLEY, III, BOARD MEMBER
DAVID WEAVER, BOARD MEMBER
CHRIS O'KEEFE, PLANNING & INSPECTIONS DIRECTOR - KENNETH VAFIER, PLANNING MGR
Call Meeting to Order (Chairman Donna Girardot)
Pledge of Allegiance (Ben Andrea)
Approval of May and June Meeting Minutes
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substantial changes in these petitions as a result of objections,
debate, and discussion at the meeting, including rezoning to other classifications.
1Public Hearing
Rezoning Request (Z-959, 7/16) – Request by Paramounte Engineering, applicant,
on behalf of the property owners, Raleigh Wilmington Investors, LLC, Greenstick
Acquisitions, LLC, and Henna S. Duncan, to rezone 17.42 acres located at the 2400
block of Middle Sound Loop Road from R-20S, Residential District, to (CZD) R-20,
Conditional Residential District, in order to develop a 32 lot performance residential
subdivision. The property is classified as Watershed Resource Protection in the
2006 CAMA Land Use Plan.
2Public Hearing
Rezoning Request (Z-960, 7/16) – Request by Design Solutions, applicant, on behalf
of the property owners, 6943 Market, LLC, to rezone 2.07 acres located at the 8800
block of Market Street from R-15, Residential District, to (CZD) B-1, Conditional
Business District, in order to develop two commercial/office buildings.
3Public Hearing
Rezoning Request (Z-961, 7/16) – Request by Design Solutions, applicant, on behalf
of the property owners, Marie P. Sikes Heirs, and Gregory W. Jordan, to rezone 7.08
acres located at the 4600 block of Carolina Beach Road from (CUD) B-2,
Conditional Use Highway Business District, to (CZD) B-2, Conditional Highway
Business District, in order to develop a mini-warehouse use.
Planning Board - July 7, 2016
4Public Hearing
Special Use Permit Request (S-630, 7/16) – Request by Hellman, Yates, & Tisdale
for Optima Towers IV, applicant, on behalf of the property owner, Home Life, Inc., for
a special use permit for a telecommunications tower on a 0.80 acre parcel located at
2020 Corporate Drive.
5Public Hearing
Zoning Ordinance Amendment Request (A-424, 7/16) – Request by Planning Staff
to amend the Zoning Ordinance to update references to the 2006 CAMA Land Use
Plan to coincide with the Comprehensive Land Use Plan.
TECHNICAL REVIEW COMMITTEE REPORT
1Technical Review Committee Report For June 2016
OTHER ITEMS
1Other Business
Planning Board - July 7, 2016
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: July 7, 2016
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner
CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning
Manager; and Chris O'Keefe, Planning & Inspections Director
SUBJECT:
Public Hearing
Rezoning Request (Z-959, 7/16) – Request by Paramounte Engineering, applicant, on behalf of the
property owners, Raleigh Wilmington Investors, LLC, Greenstick Acquisitions, LLC, and Henna S.
Duncan, to rezone 17.42 acres located at the 2400 block of Middle Sound Loop Road from R-20S,
Residential District, to (CZD) R-20, Conditional Residential District, in order to develop a 32 lot
performance residential subdivision. The property is classified as Watershed Resource Protection in
the 2006 CAMA Land Use Plan.
BRIEF SUMMARY:
The property proposed to be rezoned consists of four parcels of land totaling 17.42 acres. It is located at the
2400 block of Middle Sound Loop Road and was zoned R-20 when zoning was initially applied to this area
in 1970.
In 1988, the property was included in a rezoning application (Z-335) which rezoned 850+ acres of land
located along the eastern portion of Middle Sound to R-20S. The 1988 application was initiated and
requested by a Middle Sound community group called “Middle Sound Lookout”, and was in response to the
adoption of a small area plan for the community, “Middle Sound/Ogden … Future Directions”, a year prior.
The basis for the rezoning application was one of four potential zoning options recommended by the small
area plan for the community.
The zoning and land uses in the area are entirely residential. The subject property is surrounded by R-20S
zoning. To the north, there is land zoned R-20 and R-15. Subdivisions in the area include Anchors Bend,
Stoney Brook, Ocean View, Glenarbor, and Middle Point.
The proposed development will generate 32 trips in the AM peak, and 38 trips in the PM peak. Because the
trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) was not required to be completed.
According to the 2006 CAMA Plan, the site is classified as Watershed Resource Protection. This
classification occurs along the tidal creeks and is defined as the area within one-half mile of the 100-year
flood plain for these creeks. The purpose of the classification is to protect the creeks from pollutant landed
stormwater runoff from impervious surfaces within the watershed. Development strategies for this
classification include minimizing new impervious surfaces, retrofitting protection measures to improve water
quality of runoff from existing impervious surfaces, and promoting low impact best management practices.
STRATEGIC PLAN ALIGNMENT:
ITEM: 1
Planning Board - July 7, 2016
Intelligent Growth and Economic Development
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval and suggests the following motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 17.42 acres from R-20S, Residential District, to (CZD) R-20, Conditional Residential District
as described is:
1.Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the development,
in accordance with Policy 3.12 of the plan, will incorporate Low Impact Development techniques
designed at filtrating stormwater runoff. The proposal is also consistent with the purposes and intent
of the 2016 Comprehensive Plan because the proposed density is consistent with the ideal density
range of the General Residential Place Type and because the development promotes responsible
growth by preserving environmentally critical areas.
2.Reasonable and in the public interest because the performance residential standards provide for the
preservation of increased amounts of open space for the continuing enjoyment of the residents, to
protect the natural environment and wildlife habitats, and to provide for recreational opportunities.
Conditions:
1.Duplex, multi-family, and mobile home housing shall be prohibited.
2.Impervious coverage shall not exceed 30% of the site.
3.In addition to meeting the county and state stormwater requirements, the development shall
incorporate Low Impact Development (LID) techniques as describe in the City of Wilmington/New
Hanover County LID Guidance Manual, and qualify as a LID project as determined by the County’s
Technical Review Committee (TRC).
4.Existing vegetation located within the proposed open space areas shall be preserved to the maximum
extent practicable, and only be removed in order to install necessary infrastructure needed to comply
with applicable county and state regulations.
5.A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road for the
purpose of installing a future pedestrian facility.
ATTACHMENTS:
Z-959 Script for PB
Z-959 Petition Summary
Z-959 Staff Summary PB
Z-959 Neighbor Properties Map
Z-959 Water-Sewer Map
Z-959 Zoning Map
Z-959 CAMA Map
Applicant Materials Cover Page
Z-959 Proposed Site Plan-6.27.16
Z-959 Application Package
Opposition Material Cover Page
Z-959 Opposition Material
ITEM: 1
Planning Board - July 7, 2016
SCRIPT FOR Conditional Zoning District Application (Z-959, 7/16)
Rezoning Request (Z-959, 7/16) - Request by Paramounte Engineering, applicant, on behalf
of the property owners, Raleigh Wilmington Investors, LLC, Greenstick Acquisitions, LLC, and
Henna S. Duncan, to rezone 17.42 acres located at the 2400 block of Middle Sound Loop
Road from R-20S, Residential District, to R-20, Residential District, in order to develop a 32 lot
performance residential subdivision. The property is classified as Urban according to the
2006 CAMA Land Use Plan.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for
rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Board discussion
5. At this time, you may ask to either continue the application to a future meeting, or to proceed with
this Board deciding whether to recommend approval or denial of the application. What do you
wish to do?
6. Vote on the conditional zoning district application. The motion should include a statement saying
how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable
and in the public interest.
Staff Suggested Motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 17.42 acres from R-20S, Residential District, to (CZD) R-20, Conditional Residential
District as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the
development, in accordance with Policy 3.12 of the plan, will incorporate Low Impact
Development techniques designed at filtrating stormwater runoff. The proposal is also
consistent with the purposes and intent of the 2016 Comprehensive Plan because the
proposed density is consistent with the ideal density range of the General Residential
Place Type and because the development promotes responsible growth by preserving
environmentally critical areas.
2. Reasonable and in the public interest because the performance residential standards
provide for the preservation of increased amounts of open space for the continuing
enjoyment of the residents, to protect the natural environment and wildlife habitats, and to
provide for recreational opportunities.
- 1 - 1ITEM: 1
Planning Board - July 7, 2016
Conditions:
1. Duplex, multi-family, and mobile home housing shall be prohibited.
2. Impervious coverage shall be limited to 30% of the site.
3. In addition to meeting county and state stormwater requirements, the development shall
incorporate Low Impact Development (LID) techniques as described in the City of
Wilmington/New Hanover County LID Guidance Manual, and qualify as a LID project as
determined by the County’s Technical Review Committee (TRC).
4. Existing vegetation located within the proposed openspace areas shall be preserved to
the maximum extent practicable, and only be removed in order to install necessary
infrastructure needed to comply with applicable county and state regulations.
5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop
Road for the purpose of installing a future pedestrian facility.
- 1 - 2ITEM: 1
Planning Board - July 7, 2016
Z-959, 7/16 Page 1 of 1
Case Z-959, (7/16)
Rezone from R-20S, Rresidential District, to (CZD) R-20, Residential District
Petition Summary Data
Parcel Location & Acreage: 2400 block of Middle Sound Loop Road, 17.425 acres
Petitioner/Owner: Allison Engebretson with Paramounte Engineering (Applicant)
Raliegh Wilmington Investors, LLC (Owners)
Existing Land Use: Single Family Dwelling/Undeveloped
Zoning History: May 18, 1970 - Initially zoned R-20 via Area 3
January 5, 1988 – Rezoned to R-20S (Z-335). This application was the
result of the Middle Sound/Ogden Small Area Plan and rezoned 850+
acres around the eastern portion of Middle Sound to R-20S.
Land Classification: Watershed Resource Protection
Water Type: Public
Sewer Type: Public
Recreation Area: Ogden Park
Access: Middle Sound Loop Road
Fire District: New Hanover County North
Watershed & Water Quality
Classification: Howe Creek (SA;ORW) and Pages Creek (SA;HQW)
Conservation/Historic/
Archaeological Resources: No known historic or archaeological resources
Soils and Septic Suitability: Lakeland Sand (La) – Class I: Suitable/Slight Limitation
Wakulla Sand (Wa) – Class I: Suitable/Slight Limitation
Seagate Fine Sand (Se) – Class II: Moderate Limitation
Leon Soil (Le) – Class III: Severe Limitation
Murville Fine Sand (Mu) – Class III: Severe Limitation
Schools: Castle Hayne Elementary, Ogden Elementary, Eaton Elementary, Noble
Middle, Laney High
- 2 - 1ITEM: 1
Planning Board - July 7, 2016
Z-959, (7/16) Page 1 of 11
CONDITIONAL ZONING DISTRICT APPLICATION
CASE: Z-959, 7/16
PETITIONER: Allison Engebretson of Paramounte Engineering, applicant
Raleigh Wilmington Investors, LLC, property owner
Greenstick Acquisitions, LLC, property owner
Henna S Duncan (formally Hyon Duncan), property owner
REQUEST: Rezone from R-20S, Residential District, to (CZD) R-20, Conditional Residential District
ACREAGE: 17.42 acres
LOCATION: 2400 block of Middle Sound Loop Road
PIDs: R05200-001-007-000
R05200-001-017-000
R05200-001-006-000
R05200-001-005-000
2006 CAMA LAND CLASS: Watershed Resource Protection
2016 COMP PLAN PLACE TYPE: General Residential
EXISTING CONDITIONS:
Existing Zoning and Land Uses
The property proposed to be rezoned consists of four parcels of land totaling 17.42 acres. It is located at
the 2400 block of Middle Sound Loop Road and was zoned R-20 when zoning was initially applied to this
area in 1970.
In 1988, the property was included in a rezoning application (Z-335) which rezoned 850+ acres of land
located along the eastern portion of Middle Sound to R-20S. The 1988 application was initiated and
requested by a Middle Sound community group called “Middle Sound Lookout”, and was in response to
the adoption of a small area plan for the community, “Middle Sound/Ogden … Future Directions”, a year
prior. The basis for the rezoning application was one of four potential zoning options recommended by
the small area plan for the community.
The plan stated the main concerns of the community regarding residential development were density and
rate of development, loss of rural atmosphere, and too many mobile home/multi-family developments.
In addition, the community was concerned that increased development would lead to more congestion
on the roadway network, which at the time, the area had only one connection to Market Street.
The plan stated that the advantage of rezoning all undeveloped land in Middle Sound to R-20S is that it
would ensure that only single-family housing would be developed. However, it also stated that the R-20S
district would present many disadvantages to the area, including limiting variety and supply of affordable
housing, creating a checkerboard pattern of development, and negatively impacting the environment by
discouraging the preservation of open space and natural amenities.
- 3 - 1ITEM: 1
Planning Board - July 7, 2016
Z-959, (7/16) Page 2 of 11
It should also be noted that the conditions of the Middle Sound community have changed significantly
since the 1980s, including conversion of undeveloped lands to developed, transition from rural to
suburban atmosphere, water/sewer availability and a significant increase in the road network and
interconnectivity supporting the community. Since the 1988 rezoning application, there have been five
rezoning applications approved in the community that allowed for increased density.
The zoning and land uses in the area are entirely residential. The subject property is surrounded by R-20S
zoning. To the north, there is land zoned R-20 and R-15. Subdivisions in the area include Anchors Bend,
Stoney Brook, Ocean View, Glenarbor, and Middle Point.
Existing Site Conditions
The property proposed to be rezoned consists of four parcels of land totaling 17.42 acres. Currently one
of the four parcels contains a single-family dwelling. The dwelling will be removed when the property is
developed for the proposed subdivision.
- 3 - 2ITEM: 1
Planning Board - July 7, 2016
Z-959, (7/16) Page 3 of 11
Community Services
Water and Sewer:
The property is within the Urban Services boundary, and water and sewer services are located within the
nearby vicinity. The development will connect to CFPUA water and sewer service.
Fire Protection:
The property is served by New Hanover County Fire Services and located in the New Hanover County
North Fire District.
Schools:
The property is located within the school districts for Castle Hayne Elementary, Ogden Elementary, Eaton
Elementary, Noble Middle, and Laney High schools. Currently, new students from the proposed
development will attend Castle Hayne Elementary.
Conservation, Historic, and Archaeological Resources
The subject property does not host any known conservation, historic, or archaeological resources.
PETITIONER’S REQUEST:
The petitioner is seeking to rezone the 17.42 acres currently zoned R-20S, Residential District, to (CZD) R-
20, Conditional Residential District, in order to develop a 32 lot performance residential subdivision.
STAFF POSITION:
Zoning and Subdivision Ordinance Considerations
The purpose of the R-20 district is to provide land for low density residential and recreational purposes.
The regulations of this district are intended to discourage any use which because of its character would
substantially interfere with the development of residences and which would be detrimental to the quiet
residential nature of the areas included within this district. Under the performance residential standards,
developments within the R-20 district are allowed up to 1.9 units per acre.
A conceptual site plan is included as part of the application and is shown below. If this application is
approved, the property must be developed in accordance with the site plan. The applicant is proposing
to develop a 32 lot performance residential development with the following conditions:
1. Duplex, multi-family, and mobile home housing shall be prohibited.
2. Impervious coverage shall not exceed 30% of the site.
3. In addition to meeting county and state stormwater requirements, the development shall
incorporate Low Impact Development (LID) techniques as described in the City of
Wilmington/New Hanover County LID Guidance Manual, and qualify as a LID project as
determined by the County’s Technical Review Committee (TRC).
4. Existing vegetation located within the proposed open space areas shall be preserved to the
maximum extent practicable, and only be removed in order to install necessary infrastructure
needed to comply with applicable county and state regulations.
- 3 - 3ITEM: 1
Planning Board - July 7, 2016
Z-959, (7/16) Page 4 of 11
5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road for
the purpose of installing a future pedestrian or bike facility.
Further, if this rezoning application is approved, the proposed development must then go through the
County’s subdivision review process. The process includes submittal of a Preliminary Plat application
which is reviewed by the Technical Review Committee (TRC) for compliance with applicable local and state
regulations.
Conceptual Site Plan
Transportation
The proposed development will generate 32 trips in the AM peak, and 38 trips in the PM peak. Because
the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) was not required to be
completed.
The North Carolina Department of Transportation conducted traffic counts on Middle Sound Loop Road
in 2013. The counts were taken near the existing roundabout and they found an Annual Average Daily
Traffic (AADT) of 5,200-5,800 trips. Middle Sound Road has a capacity of 9,600 daily trips, which by using
the volume to capacity ratio, would equate to a “C” Level of Service (LOS). LOS ranging from A to D are
considered to be acceptable.
Currently, there are no NCDOT projects planned for Middle Sound Loop Road, however there are several
projects planned along the adjacent portion of Market Street:
- 3 - 4ITEM: 1
Planning Board - July 7, 2016
Z-959, (7/16) Page 5 of 11
Project U-4902 will install access management improvements on Market Street from Lendire Road
to Marsh Oaks Drive. The improvements include the installation of a center median, sidewalk,
and multi-use path. Right-of-way acquisition for the project is expected to begin in 2018 with
construction schedule to occur in 2020-21.
Construction for the Military Cutoff extension project (U-4751) is expected to begin in 2018. This
project will extend Military Cutoff to I-140, allowing motorist to bypass traveling on Market Street
in the Porters Neck/Odgen area.
Improvements are planned for the Lendire Road/Market Street/Middle Sound Loop Road
intersection in conjunction with a grocery store development approved by the City of Wilmington
at the corner of Middle Sound Loop Road and Market Street. These improvements include the
realignment of Lendire Road (so that it intersect Market Street directly across from Middle Sound
Loop Road), and the addition of an eastbound right-only turn lane along Middle Sound Loop Road.
Further, the Traffic Impact Analysis completed for the grocery store development stated that the
intersection of Middle Sound Loop Road and Market Street will operate at a Level of Service (LOS) of D to
E when the development is expected to be completed in 2016. While this TIA did not specifically include
the trips that will be generated from proposed subdivision, it did include a growth rate in the background
traffic of one percent.
The NHC/Wilmington Comprehensive Greenway Plan proposes that a greenway network be installed
along Middle Sound Loop Road. A condition is being proposed to be placed on the district that will require
a 20 foot access easement be dedicated to the county for the purposes of installing a future multi-use
path. Below is proposed greenway network as illustrated in the Greenway Plan.
NHC/Wilmington Greenway Plan
- 3 - 5ITEM: 1
Planning Board - July 7, 2016
Z-959, (7/16) Page 6 of 11
Environmental
The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas.
Stormwater management will be reviewed by New Hanover County Engineering and by the NC
Department of Environmental Quality. The applicant has examined the site and identified the location of
potentially regulated wetlands, which are illustrated on the plan. Most of the wetlands will be preserved
in open space, however there is a portion that will require mitigation in order for the site to obtain access
to Middle Sound Loop Road. Additional verification of the location of the regulated wetlands and required
permitting must be obtained from the Army Corps of Engineers during the subdivision review process.
Land Use Plan Considerations
According to the 2006 CAMA Plan, the site is classified as Watershed Resource Protection. This
classification occurs along the tidal creeks and is defined as the area within one-half mile of the 100-year
flood plain for these creeks. The purpose of the classification is to protect the creeks from pollutant
landed stormwater runoff from impervious surfaces within the watershed. Development strategies for
this classification include minimizing new impervious surfaces, retrofitting protection measures to
improve water quality of runoff from existing impervious surfaces, and promoting low impact best
management practices. Beginning in 2008, The City of Wilmington and New Hanover County worked
together to create a joint Low Impact Development (LID) guidance manual to provide technical guidance
on the application of LID principles, planning, and practices.
Policy 3.12 of the Land Use Plan further states:
Carefully control development and redevelopment activities within the Watershed Resource
Protection and Conservation areas identified on the Land Classification Map to prevent the
degradation of water quality in the creeks and sounds, to protect the public health, and to ensure
the protection of these vital natural resources by reducing nutrient, pesticide, sediment, and other
pollutants. The following standards shall apply
a. Impervious surface coverage shall be limited to twenty-five percent (25%) in the Watershed
Resource Protection and Conservation areas.
b. Projects that conform to adopted exceptional design standards for enhanced stormwater
controls may exceed 25% in the Watershed Resource Protection areas.
c. Natural vegetative buffers shall be established to effectively filter runoff before it enters surface
waters.
The proposed development will limit its impervious coverage to 28.3% of the property. The development
will also include the following design elements in order to comply with the intent of the Watershed
Resource Protection classification:
1. Provide deed restrictions for each specific lot;
2. Pervious pavement within certain areas;
3. Localized swales and bio-retention areas;
4. Create multifunctional and multipurpose landscapes;
5. Utilize natural vegetation and infiltration swales to filtrate pollutants; and
6. Reduce the use of turf and add native and/or natural cover materials.
- 3 - 6ITEM: 1
Planning Board - July 7, 2016
Z-959, (7/16) Page 7 of 11
The proposed subdivision will be developed under the performance residential standards, which
promotes the dedication of additional open space areas. Specifically, of the 17.43 acre property, 7.94
acres (45%) will be dedicated as open space. Open space areas may be utilized for stromwater control,
recreation, or preservation of areas of environmental concern or wildlife habitat. The majority of the
wetlands identified on the property have been located within open space areas. The increased open space
and wetland preservation complies with Policies 2.1, 2.3, 3.7, and 3.14 of the Land Use Plan.
2016 Comprehensive Land Use Plan
On July 11th the Board of Commissioners will consider adoption of the Comprehensive Plan. The Plan
includes a Future Land Use Map which will replace the CAMA Land Use Classification Map and help guide
growth and development in the unincorporated areas of the County. The Future Land Use Map classifies
the property as General Residential.
The General Residential Place Type provides opportunity for lower density housing and associated civic
and commercial services. Housing is typically single-family or duplexes, with setbacks on all sides. Block
sizes are large, at ¼ to ½ mile wide. Commercial uses should be limited to office and retail spaces in
carefully located areas where neighborhood character will be enhanced, while recreation and school
facilities are encouraged throughout. Access to areas outside these residential areas is provided by arterial
roadways, but still allowing for interconnection between other placetypes. However, limiting cul-de-sacs
is encouraged to promote better internal circulation and minimizing high-volume traffic roads within the
area. Flooding hazard avoidance should be taken into consideration when abutting coastal areas. The
ideal density for single-family residential in this Place Type is 1-6 dwelling units per acre.
Relevant Goals, Strategies, and Guidelines of the Comprehensive Plan:
Goal IX: Promote environmentally responsible growth. (Desired Outcome: Development that
accommodates population growth while minimizing negative impacts on natural resources.)
Strategy
A. Promote a mixture of uses where appropriate in an effort to cluster development and
minimize impacts on natural resources.
- 3 - 7ITEM: 1
Planning Board - July 7, 2016
Z-959, (7/16) Page 8 of 11
Guidelines
A.2 Establish open space criteria that encourages preservation of natural areas, buffers, trees,
and wildlife habitats, while working in harmony with the built environment.
Goal X: Conserve environmentally critical areas. (Desired Outcome: Utilize environmentally critical areas
for outdoor recreation, healthy watersheds, and maintenance of critical habitats.)
Strategy
B. Discourage development in wetlands, flood plain, and other flood prone areas.
Guidelines
B.4 Encourage preservation of existing natural wetlands and constructed wetlands as a
stormwater mitigation technique where practical.
B.5 Encourage preservation of existing natural buffer areas for conservation resources to
preserve their natural functions.
B.6 Incentivize, through the development process, the use of Best Management Practices such
as Low Impact Development where possible to ensure environmentally critical areas are
conserved.
Goal XIII: Preserve and protect water quality and supply. (Desired Outcome: Accommodating anticipated
growth in a manner that is sustainable to New Hanover County’s water supply and water quality.)
Strategy
O. Consider removing barriers in codes/ordinances that hinder and prohibit low impact
development.
Guidelines
O.1 Encourage low impact development and other best management practices.
Goal XVIII: Increase physical activity and promote healthy, active lifestyles. (Desired Outcome: A built
environment that encourages active life styles and increased health through walking and biking.)
Strategy
C. Connect walkways, parking lots, greenways, and developments to encourage pedestrian
activity.
Guidelines
C.1 Encourage dedication or provision of easements for multi-use paths consistent with the
Greenway Master Plan and other adopted plans.
Overall the proposed rezoning is consistent with the Comprehensive Plan. The proposed density of 1.9
dwelling units per acre is within the ideal density range of the General Residential Place Type of 1-6
dwelling unit per acre. Also, performance residential developments allow for more open space which can
be utilized for stormwater control, recreation, and preservation of areas of environmental concern and
wildlife habitat; and thus the development is consistent with the above mentioned goals, strategies, and
guidelines.
- 3 - 8ITEM: 1
Planning Board - July 7, 2016
Z-959, (7/16) Page 9 of 11
REVIEW AND ACTION:
This request is being facilitated by Section 55.3 – Conditional Zoning District of the County’s Zoning
Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A
community meeting was held on Thursday, June 2, 2016 in accordance with the requirements for such an
application. The applicant has provided a summary of the meeting which includes the concerns and
comments brought up by the attendees.
Staff recommends approval of the application with conditions. Staff concludes that the application is
consistent with the requirements of the 2006 Wilmington-New Hanover County CAMA Land Use Plan.
Specifically, the property complies with Policy 3.12 of the Land Use Plan because the development will
utilize features to help filtrate pollutants including natural vegetation, infiltration swales, and bio-
retention areas.
The development is also consistent with the 1987 Middle Sound/Odgen Small Area Plan. While the plan
recommended an option of rezoning property in the Middle Sound area to R-20S in order to ensure that
only low-density single-family detached housing is developed in the area, it also stated that there are
many disadvantages to this approach, including discouraging the preservation of open space and natural
amenities. This application meets the intent of the R-20S district while eliminating the stated
disadvantage. By utilizing the performance residential standards, the development will preserve more
open space (45% of the property) which includes most of the wetland areas identified.
Action Needed
Motion to recommend approval of the petitioner’s application [with or without agreed upon
conditions]
Motion to “table” the application in order to receive more information
Motion to recommend denial of the petitioner’s application based on specific reasons
- 3 - 9ITEM: 1
Planning Board - July 7, 2016
Z-959, (7/16) Page 10 of 11
Example Motion for Approval:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 17.42 acres from R-20S, Residential District, to (CZD) R-20, Conditional Residential District
as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and 2016
Comprehensive Plan because [Describe elements of controlling land use plans and how the
amendment is consistent].
2. Reasonable and in the public interest because [Briefly explain why. Factors may include public
health and safety, character of the area and relationship of uses, applicable plans, or balancing
benefits and detriments.].
Conditions:
[List any agreed upon conditions]
Example Motion for Denial:
Motion to recommend denial, as the Planning Board finds that this application for a zoning map
amendment of 17.42 acres from R-20S, Residential District, to (CZD) R-20, Conditional Residential District
as described is:
1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and 2016
Comprehensive Plan because [Describe elements of controlling land use plans and how the
amendment is not consistent].
2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include
public health and safety, character of the area and relationship of uses, applicable plans, or
balancing benefits and detriments.].
Staff Suggested Motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 17.42 acres from R-20S, Residential District, to (CZD) R-20, Conditional Residential District
as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the
development, in accordance with Policy 3.12 of the plan, will incorporate Low Impact
Development techniques designed at filtrating stormwater runoff. The proposal is also consistent
with the purposes and intent of the 2016 Comprehensive Plan because the proposed density is
consistent with the ideal density range of the General Residential Place Type and because the
development promotes responsible growth by preserving environmentally critical areas.
2. Reasonable and in the public interest because the performance residential standards provide for
the preservation of increased amounts of open space for the continuing enjoyment of the
residents, to protect the natural environment and wildlife habitats, and to provide for recreational
opportunities.
- 3 - 10ITEM: 1
Planning Board - July 7, 2016
Z-959, (7/16) Page 11 of 11
Conditions:
1. Duplex, multi-family, and mobile home housing shall be prohibited.
2. Impervious coverage shall not exceed 30% of the site.
3. In addition to meeting county and state stormwater requirements, the development shall
incorporate Low Impact Development (LID) techniques as described in the City of
Wilmington/New Hanover County LID Guidance Manual, and qualify as a LID project as
determined by the County’s Technical Review Committee (TRC).
4. Existing vegetation located within the proposed open space areas shall be preserved to the
maximum extent practicable, and only be removed in order to install necessary infrastructure
needed to comply with applicable county and state regulations.
5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road for
the purpose of installing a future pedestrian facility.
- 3 - 11ITEM: 1
Planning Board - July 7, 2016
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Z-959
R-20S CITY
R-20
R-15
Z-959
Case:
Conditional Zoning District
Request:
Z-959
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Middle Sound Loop Rd(2400 Block)R20S/Undeveloped;Single Family Dwelling (CZD) R20/Performance Subdivision
Zoning
Parcels within 500 Feet of Case Site
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Case SiteNeighboring Parcels
IDPhysical AddressIDPhysical Address02318 MIDDLE SOUND LOOP RD512636 MIDDLE SOUND LOOP RD02402 MIDDLE SOUND LOOP RD52103 CALE CT02406 MIDDLE SOUND LOOP RD532626 MIDDLE SOUND LOOP RD02604 MIDDLE SOUND LOOP RD547405 SONGBIRD CT17413 ALOFT WAY 552324 MIDDLE SOUND LOOP RD27425 ALOFT WAY 56104 STONEHEAD CT37501 ALOFT WAY 572516 MIDDLE SOUND LOOP RD42208 EVENTIDE BLV 587401 SONGBIRD CT51126 EVENTIDE BLV 591109 EVENTIDE BLV6109 CALE CT 606716 BARREN INLET RD7130 STONEYBROOK RD 616706 BARREN INLET RD82413 MIDDLE SOUND LOOP RD622307 MIDDLE SOUND LOOP RD92409 MIDDLE SOUND LOOP RD632610 MIDDLE SOUND LOOP RD102410 MIDDLE SOUND LOOP RD641913 MASONS BLUFF CT112519 MIDDLE SOUND LOOP RD652405 MIDDLE SOUND LOOP RD12133 STONEYBROOK RD 662314 MIDDLE SOUND LOOP RD132614 MIDDLE SOUND LOOP RD671903 MASONS BLUFF CT147409 ALOFT WAY 68125 STONEYBROOK RD152622 MIDDLE SOUND LOOP RD691122 EVENTIDE BLV161902 MASONS BLUFF CT707409 SONGBIRD CT176710 BARREN INLET RD 71137 STONEYBROOK RD182602 MIDDLE SOUND LOOP RD722632 MIDDLE SOUND LOOP RD192403 MIDDLE SOUND LOOP RD732427 MIDDLE SOUND LOOP RD206732 BARREN INLET RD 742425 MIDDLE SOUND LOOP RD216738 BARREN INLET RD 752421 MIDDLE SOUND LOOP RD222508 MIDDLE SOUND LOOP RD762418 MIDDLE SOUND LOOP RD232504 MIDDLE SOUND LOOP RD771110 EVENTIDE BLV24140 STONEYBROOK RD 787414 SONGBIRD CT25144 STONEYBROOK RD 791105 EVENTIDE BLV267430 SONGBIRD CT 801101 EVENTIDE BLV272319 MIDDLE SOUND LOOP RD817401 ALOFT WAY28112 STONEHEAD CT 822309 MIDDLE SOUND LOOP RD297421 SONGBIRD CT 83116 STONEHEAD CT301113 EVENTIDE BLV 841102 EVENTIDE BLV317413 SONGBIRD CT 852330 MIDDLE SOUND LOOP RD327406 SONGBIRD CT 862328 MIDDLE SOUND LOOP RD337418 SONGBIRD CT 871909 MASONS BLUFF CT347410 SONGBIRD CT 882408 MIDDLE SOUND LOOP RD357402 SONGBIRD CT 89118 STONEYBROOK RD361106 EVENTIDE BLV 902414 MIDDLE SOUND LOOP RD376724 BARREN INLET RD 91107 CALE CT382512 MIDDLE SOUND LOOP RD92126 STONEYBROOK RD39141 STONEYBROOK RD 932422 MIDDLE SOUND LOOP RD40117 STONEYBROOK RD 94120 STONEHEAD CT41129 STONEYBROOK RD 957427 SONGBIRD CT421114 EVENTIDE BLV 96138 STONEYBROOK RD431906 MASONS BLUFF CT972618 MIDDLE SOUND LOOP RD441118 EVENTIDE BLV 98108 STONEHEAD CT457417 ALOFT WAY 99121 STONEYBROOK RD467421 ALOFT WAY 1002500 MIDDLE SOUND LOOP RD47122 STONEYBROOK RD 101134 STONEYBROOK RD48209 SALT BRICK CT 1027422 SONGBIRD CT497405 ALOFT WAY 103205 SALT BRICK CT502417 MIDDLE SOUND LOOP RD1047426 SONGBIRD CT
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Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information
Z-959
Sewer Collector
Water Distribution Main
Urban Services Area
Case:
Conditional Zoning District
Request:
Z-959
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Middle Sound Loop Rd(2400 Block)R-20S/Undeveloped;Single Family Dwelling (CZD) R-20/Performance Subdivision
MARKET ST
^
I-140
I-14
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Z-959
Case:
Conditional Zoning District
Request:
Z-959
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Middle Sound Loop Rd(2400 Block)R-20S/Undeveloped;Single Family Dwelling (CZD) R-20/Performance Subdivision
Zoning Districts
A-I
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B-2
EDZD
I-1
I-2
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R-10
R-15
R-20
R-20S
R-7
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Indicates Conditional Use District (CUD)
Indicates Conditional Zoning District (CZD)
Incorporated Areas SHOD
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Watershed Resource Protection
Conservation Area
Natural Heritage Resource Protection Area
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Z-959
Case:
Conditional Zoning District
Request:
Z-959
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Middle Sound Loop Rd(2400 Block)R-20S/Undeveloped;Single Family Dwelling (CZD) R-20/Performance Subdivision CAMA Classifications
Conservation Area
Natual Heritage Resource Protection Area
Aquifer Resource Protection Area
Watershed Resource Protection
Wetland Resource Protection Area
Urban
Transition
Community
Rural
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APPLICANT
MATERIALS
- 8 - 1ITEM: 1
Planning Board - July 7, 2016
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PROPOSED
SITE PLAN
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OPPOSITION
COMMENTS
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Planning Board - July 7, 2016
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: July 7, 2016
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner
CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning
Manager; and Chris O'Keefe, Planning & Inspections Director
SUBJECT:
Public Hearing
Rezoning Request (Z-960, 7/16) – Request by Design Solutions, applicant, on behalf of the property
owners, 6943 Market, LLC, to rezone 2.07 acres located at the 8800 block of Market Street from R-15,
Residential District, to (CZD) B-1, Conditional Business District, in order to develop two
commercial/office buildings.
BRIEF SUMMARY:
The property proposed to be rezoned consists of three parcels of land totaling 2.07 acres. It is located on
Market Street, north of the I-140 interchange, and was zoned R-15 when zoning was initially applied to this
area in 1971.
The zoning in the vicinity consists mostly of residential zoning, however there are a couple of commercially
zoned properties along Market Street. Just south of the subject property is an existing B-1 district containing
a building which is currently being used as contractor offices. Please note that there is a small portion of R-
15 zoning between the subject property and that noted B-1 district. The North New Hanover Regional
Medical Center Emergency Department is located to the north on property that includes plans for a major
subdivision, charter school, and office/retail uses. The Stephens Pointe Apartments are located to the
southwest, across Market Street, on property zoned (CUD) O&I.
The proposed development will generate 70 trips in the AM peak, and 28 trips in the PM peak. Because the
combined trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) is not required to be
completed.
According to the 2006 CAMA Plan, the site is classified as Transition. The purpose of the Transition
classification is to provide for future intensive urban development on lands that have been or will be
provided with necessary urban services.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
ITEM: 2
Planning Board - July 7, 2016
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval and suggests the following motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 2.07 acres from R-15, Residential District, to (CZD) B-1, Conditional Business District as
described is:
1.Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition
classification provides for intensive urban development on lands that have been provided with
necessary urban services. The property is located on a major arterial street and is in close proximity
to public water and sewer services. In addition, the Land Use Plan encourages commercial
development to occur on major thoroughfares and at major intersections in the County. The proposal
is also consistent with 2016 Comprehensive Plan because it provides light intensity nonresidential
uses within existing residential areas to provide community level services.
2.Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by
locating them within close proximity to the markets they serve and by ensuring that such commercial
uses do not diminish the quality of life of the existing residential communities.
Conditions:
1.A 20 foot wide access easement shall be dedicated to the County along Market Street for the purpose
of installing a future pedestrian facility.
2.A connection for future parking lot cross-access shall be provided to the adjoining land south of the
proposed development. The connection shall be constructed to the property line.
3.Signage shall be included on site indicating the address of any property for which access is provided
through the site. The signage shall comply with applicable county standards.
ATTACHMENTS:
Z-960 Script for PB
Z-960 Petition Summary
Z-960 Staff Summary PB
Z-960 Neighbor Properties Map
Z-960 Zoning Map
Z-960 CAMA Map
Z-960 Water-Sewer Map
Applicant Materials Cover Page
Proposed Site Plan Cover Page
Z-960 Proposed Site Plan
Z-960 Application
ITEM: 2
Planning Board - July 7, 2016
SCRIPT FOR Conditional Zoning District Application (Z-960, 7/16)
Rezoning Request (Z-960, 7/16) – Request by Design Solutions, applicant, on behalf of the
property owners, 6943 Market, LLC, to rezone 2.07 acres located at the 8800 block of Market
Street from R-15, Residential District, to (CZD) B-1, Conditional Business District, in order to
develop two commercial/office buildings. The property is classified as Transition according to
the 2006 CAMA Land Use Plan.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for
rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Board discussion
5. At this time, you may ask to either continue the application to a future meeting, or to proceed with
this Board deciding whether to recommend approval or denial of the application. What do you
wish to do?
6. Vote on the conditional zoning district application. The motion should include a statement saying
how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and
in the public interest.
Staff Suggested Motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 2.07 acres from R-15, Residential District, to (CZD) B-1, Conditional Business District
as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition
classification provides for intensive urban development on lands that have been provided with
necessary urban services. The property is located on a major arterial street and is in close
proximity to public water and sewer services. In addition, the Land Use Plan encourages
commercial development to occur on major thoroughfares and at major intersections in the
County. The proposal is also consistent with 2016 Comprehensive Plan because it provides light
intensity nonresidential uses within existing residential areas to provide community level service.
2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses
by locating them within close proximity to the markets they serve and by ensuring that such
commercial uses do not diminish the quality of life of the existing residential communities.
- 1 - 1ITEM: 2
Planning Board - July 7, 2016
Conditions:
1. A 20 foot wide access easement shall be dedicated to the County along Market Street for the
purpose of installing a future pedestrian facility.
2. A connection for future parking lot cross-access shall be provided to the adjoining land south
of the proposed development. The connection shall be constructed to the property line.
3. Signage shall be included on site indicating the address of any property for which access is
provided through the site. The signage shall comply with applicable county standards.
- 1 - 2ITEM: 2
Planning Board - July 7, 2016
Z-960, 7/16 Page 1 of 1
Case Z-960, (7/16)
Rezone from R-15, Residential District, to (CZD) B-1, Conditional Business District
Petition Summary Data
Parcel Location & Acreage: 8800 block of Market Street 2.07 acres
Petitioner/Owner: Cindee Wolf, Design Solutions (Applicant)
6943 Market, LLC (Owner)
Existing Land Use: Single Family Dwelling/Undeveloped
Zoning History: July 6, 1971 - Initially zoned R-15 via Area 5
Land Classification: Transition
Water Type: Public
Sewer Type: Public
Recreation Area: Ogden Park
Access: Market Street
Fire District: New Hanover County North
Watershed & Water Quality
Classification: Futch Creek (SA;HQW)
Conservation/Historic/
Archaeological Resources: No known historic or archaeological resources
Soils and Septic Suitability: Leon Sand (Le) – Class III: Severe Limitation
Schools: Blair Elementary, Eaton Elmentary, Holly Shelter Middle, Laney High
- 2 - 1ITEM: 2
Planning Board - July 7, 2016
Z-960, (7/16) Page 1 of 9
CONDITIONAL ZONING DISTRICT APPLICATION
CASE: Z-960, 7/16
PETITIONER: Cindee Wolf of Design Solutions, applicant
6943 Market, LLC, property owner
REQUEST: Rezone from R-15, Residential District, to (CZD) B-1, Conditional Business District
ACREAGE: 2.07 acres
LOCATION: 8800 block of Market Street
PIDs: R02900-003-031-000
R02900-003-029-000
R02900-003-028-000
2006 CAMA LAND CLASS: Transition
2016 COMP PLAN PLACE TYPE: Community Mixed Use
EXISTING CONDITIONS:
Existing Zoning and Land Uses
The property proposed to be rezoned consists of three parcels of land totaling 2.07 acres. It is located on
Market Street, north of the I-140 interchange, and was zoned R-15 when zoning was initially applied to
this area in 1971.
The zoning in the vicinity consists mostly of residential zoning, however there are a couple of commercially
zoned properties along Market Street. Just south of the subject property is an existing B-1 district
containing a building which is currently being used as contractor offices. Please note that there is a small
portion of R-15 zoning between the subject property and that noted B-1 district. The North New Hanover
Regional Medical Center Emergency Department is located to the north on property that includes plans
- 3 - 1ITEM: 2
Planning Board - July 7, 2016
Z-960, (7/16) Page 2 of 9
for a major subdivision, charter school, and office/retail uses. The Stephens Pointe Apartments are
located to the southwest, across Market Street, on property zoned (CUD) O&I.
Existing Site Conditions
The property proposed to be rezoned currently consists of three undeveloped parcels of land totaling 2.07
acres.
Community Services
Water and Sewer:
The property is within the urban services boundary, and water and sewer services are located within the
nearby vicinity. The development will connect to CFPUA water and sewer service.
Fire Protection:
The property is served by New Hanover County Fire Services and located in the New Hanover County
North Fire District.
Schools:
The property is located within the school districts for Blair Elementary, Eaton Elementary, Holly Shelter
Middle, and Laney High schools; however the proposed use will not have an impact on the school system.
Conservation, Historic, and Archaeological Resources
The subject property does not host any known conservation, historic, or archaeological resources.
PETITIONER’S REQUEST:
The petitioner is seeking to rezone the 2.07 acres currently zoned R-15, Residential District, to (CZD) B-1,
Conditional Business District, in order to develop two commercial/office buildings totaling 10,150 square
feet.
- 3 - 2ITEM: 2
Planning Board - July 7, 2016
Z-960, (7/16) Page 3 of 9
STAFF POSITION:
Zoning and Subdivision Ordinance Considerations
The purpose of the Business District shall be to provide convenient shopping facilities primarily of
necessity goods and personal services required to serve a neighborhood. The district’s principal means of
ingress and egress shall be along collector roads, minor arterials, and/or major arterials.
A conceptual site plan is included as part of the application and is shown below. If this application is
approved, the property must be developed in accordance with the site plan. The applicant is proposing
to develop two commercial/office buildings totaling 10,150 square feet. The following uses would be
allowed within the proposed district:
Special trade & general contractors with no outside storage;
Furniture, home furnishings & equipment;
General merchandise;
Handcrafting small articles;
Hardware;
Miscellaneous retail;
Barber/beauty shop;
Business services including printing;
Personal services;
Clock, watch & Jewelry repair; and
Offices for private businesses & professional activities.
Further, the applicant is proposing the following conditions be added to the development:
1. A 20 foot wide access easement shall be dedicated to the County along Market Street for the
purpose of installing a future greenway.
2. A connection for future parking lot cross-access shall be provided to the adjoining land south of
the proposed development. The connection shall be constructed to the property line.
3. Signage shall be included on site indicating the address of any property for which access is
provided through the site. The signage shall comply with applicable county standards.
The proposed development must also go through the County’s site plan/building permit review process.
The process includes the review of the technical standards of the County’s development regulations,
including landscaping, buffering, and stormwater requirements. A fully opaque buffer is required along
the perimeter of the property to screen the commercial/office use from the adjoining residentially zoned
land. As currently shown, the site plan complies with the standards of the Zoning Ordinance.
- 3 - 3ITEM: 2
Planning Board - July 7, 2016
Z-960, (7/16) Page 4 of 9
Conceptual Site Plan
Currently, a dirt driveway runs through the subject property and provides access to a parcel to the east.
The applicant has agreed to continue to provide this access, and will dedicate an official access easement
to the adjoining property owner. However, portions of the existing driveway will be removed, and access
will be provided through the parking lot of the proposed development.
Transportation
The proposed development will generate 70 trips in the AM peak, and 28 trips in the PM peak. Because
the combined trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) is not required to
be completed.
The North Carolina Department of Transportation conducted a traffic count on this portion of Market
Street in 2013. The count found an Annual Average Daily Traffic (AADT) of 34,000 trips. This portion of
Market Street has a capacity of 43,700 daily trips, which by using the volume to capacity ratio, would
equate to a “D” Level of Service (LOS). LOS ranging from A to D are considered to be acceptable.
The NHC/Wilmington Comprehensive Greenway Plan proposes that a greenway network be installed
along this portion of Market Street. A condition is being proposed to be placed on the district that will
require a 20 foot access easement be dedicated to the county for the purposes of installing a future multi-
use path. Below is proposed greenway network as illustrated in the Greenway Plan.
- 3 - 4ITEM: 2
Planning Board - July 7, 2016
Z-960, (7/16) Page 5 of 9
NHC/Wilmington Greenway Plan
Environmental
The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas.
Stormwater management will be reviewed by New Hanover County Engineering and by the NC
Department of Environmental Quality.
Land Use Plan Considerations
According to the 2006 CAMA Plan, the site is classified as Transition. The purpose of the Transition
classification is to provide for future intensive urban development on lands that have been or will be
provided with necessary urban services.
Relevant Policies of the Land Use Plan:
Policy 4.1 Designate sufficient land area and suitable locations for the various land use types.
- 3 - 5ITEM: 2
Planning Board - July 7, 2016
Z-960, (7/16) Page 6 of 9
Policy 4.3 Maximize effectiveness of commercial uses by assuring that land is available for
commercial uses within close proximity to the markets they serve and by ensuring that such
commercial uses do not diminish the quality of life in nearby residential areas.
2016 Comprehensive Land Use Plan
On July 11th the Board of Commissioners will consider adoption of the Comprehensive Plan. The Plan
includes a Future Land Use Map which will replace the CAMA Land Use Classification Map and help guide
growth and development in the unincorporated areas of the County. The Future Land Use Map classifies
the property as Community Mixed Use.
The Community Mixed Use Place Type focuses on small-scale, compact, mixed use development patterns
that promote multimodal travel and act as an attractor for county residents and visitors. These areas share
several qualities with higher-intensity mixed use place types, including a combination of ground floor retail
with office space and housing above, wider sidewalks, and an emphasis on streetscaping. However, these
centers are generally small, no more than a few square blocks. Civic uses, particularly recreation and
public gathering places, are particularly encouraged here. Ideally, large-scale, lower density commercial
and industrial developments are prohibited. Retail uses are appropriate within the Community Mixed Use
Place Type provided they are limited to a maximum of two stories and are of low to moderate density.
Relevant Goals, Strategies, and Guidelines of the Comprehensive Plan:
Goal I: Support business growth
Strategy
C. Align county zoning ordinances to encourage targeted business in appropriate areas.
Guidelines
C.3 Develop strategies for encouraging office, retail, and other light intensity nonresidential uses
within existing residential areas to provide community level service.
Goal VIII: Integrate multi-modal transportation into mixed land uses that encourage safe, walkable
communities. (Desired Outcome: A community with a mixture of land uses that allows for individuals to
perform daily tasks without the use of an automobile. A community where individuals can safely walk,
bike, and access transit.)
Strategy
A. Review existing design standards and apply best practices to ensure transportation
infrastructure is safe for all multimodal users.
Guidelines
A.1 Encourage bicycle friendly design treatments such as wide outside lanes, signage, dedicated
routes, bike lanes, and shared use paths into new developments.
Strategy
D. Review existing parking lot design standards to determine if changes are needed to
encourage safety for all users.
Guidelines
D.2 Encourage/permit shared parking between compatible land uses to reduce development
costs, impervious surfaces, and reduce/minimize access locations on roadways.
- 3 - 6ITEM: 2
Planning Board - July 7, 2016
Z-960, (7/16) Page 7 of 9
Goal XVIII: Increase physical activity and promote healthy, active lifestyles. (Desired Outcome: A built
environment that encourages active life styles and increased health through walking and biking.)
Strategy
C. Connect walkways, parking lots, greenways, and developments to encourage pedestrian
activity.
Guidelines
C.1 Encourage dedication or provision of easements for multi-use paths consistent with the
Greenway Master Plan and other adopted plans.
Overall, this application is consistent with the Comprehensive Plan. The proposed buildings will be one
story and have a height of 13 feet, and therefore consistent with intent of the Community Mixed Use
place type. In addition, the proposed development will provide an access easement for a future greenway,
and a connection for a future parking lot cross-access with the adjoining property to the south; consistent
with the above goals, policies, and guidelines of the Plan.
REVIEW AND ACTION:
This request is being facilitated by Section 55.3 – Conditional Zoning District of the County’s Zoning
Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A
community meeting was held on Wednesday, June 1st, 2016 in accordance with the requirements for such
an application. The applicant has provided a summary of the meeting which includes the concerns and
comments brought up by the attendees.
Staff recommends approval of the application. Staff concludes that the application is consistent with the
requirements of the Zoning Ordinance and also the 2006 Wilmington-New Hanover County CAMA Land
Use Plan. Specifically, the property is accessed by an arterial street and is located near a major
intersection where nonresidential uses are encouraged to locate. This proposal also complies with Policy
4.3 of the Land Use Plan:
- 3 - 7ITEM: 2
Planning Board - July 7, 2016
Z-960, (7/16) Page 8 of 9
Maximize effectiveness of commercial uses by assuring that land is available for commercial uses
within close proximity to the markets they serve and by ensuring that such commercial uses do not
diminish the quality of life in nearby residential areas.
Action Needed
Motion to recommend approval of the petitioner’s application [with or without agreed upon
conditions]
Motion to “table” the application in order to receive more information
Motion to recommend denial of the petitioner’s application based on specific reasons
Example Motion for Approval:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 2.07 acres from R-15, Residential District, to (CZD) B-1, Conditional Business District as
described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe
elements of controlling land use plans and how the amendment is consistent].
2. Reasonable and in the public interest because [Briefly explain why. Factors may include public
health and safety, character of the area and relationship of uses, applicable plans, or balancing
benefits and detriments.].
Conditions:
[List any agreed upon conditions]
Example Motion for Denial:
Motion to recommend denial, as the Planning Board finds that this application for a zoning map
amendment of 2.07 acres from R-15, Residential District, to (CZD) B-1, Conditional Business District as
described is:
1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe
elements of controlling land use plans and how the amendment is not consistent].
2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include
public health and safety, character of the area and relationship of uses, applicable plans, or
balancing benefits and detriments.].
Staff Suggested Motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 2.07 acres from R-15, Residential District, to (CZD) B-1, Conditional Business District as
described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition
classification provides for intensive urban development on lands that have been provided with
- 3 - 8ITEM: 2
Planning Board - July 7, 2016
Z-960, (7/16) Page 9 of 9
necessary urban services. The property is located on a major arterial street and is in close
proximity to public water and sewer services. In addition, the Land Use Plan encourages
commercial development to occur on major thoroughfares and at major intersections in the
County. The proposal is also consistent with 2016 Comprehensive Plan because it provides light
intensity nonresidential uses within existing residential areas to provide community level service.
2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses
by locating them within close proximity to the markets they serve and by ensuring that such
commercial uses do not diminish the quality of life of the existing residential communities.
Conditions:
1. A 20 foot wide access easement shall be dedicated to the County along Market Street for the
purpose of installing a future pedestrian facility.
2. A connection for future parking lot cross-access shall be provided to the adjoining land south of
the proposed development. The connection shall be constructed to the property line.
3. Signage shall be included on site indicating the address of any property for which access is
provided through the site. The signage shall comply with applicable county standards.
- 3 - 9ITEM: 2
Planning Board - July 7, 2016
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Z-960
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Z-960
Zoning
Parcels within 500 Feet of Case Site
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Case SiteNeighboring Parcels
ID Physical Address18885 STEPHENS CHURCH RD08842 MARKET ST08822 MARKET ST08840 MARKET ST2102 FOYS TRL3126 FOYS TRL4120 FOYS TRL58841 STEPHENS CHURCH RD68900 MARKET ST78800 MARKET ST88857 STEPHENS CHURCH RD9103 CREEKWOOD RD10210 CREEKWOOD RD11212 CREEKWOOD RD128923 TILBURY DR138931 TILBURY DR14106 FOYS TRL158865 STEPHENS CHURCH RD168845 STEPHENS CHURCH RD178908 TILBURY DR188871 STEPHENS CHURCH RD198790 MARKET ST208834 MARKET ST21129 MCINTYRE TRL228901 STEPHENS CHURCH RD238893 STEPHENS CHURCH RD248833 STEPHENS CHURCH RD258837 STEPHENS CHURCH RD268814 MARKET ST27220 FOYS TRL28111 CREEKWOOD RD298830 MARKET ST30112 CREEKWOOD RD31113 CREEKWOOD RD32119 FOYS TRL338921 STEPHENS CHURCH RD34107 FOYS TRL358919 TILBURY DR368801 STEPHENS CHURCH RD378805 STEPHENS CHURCH RD388802 MARKET ST398804 MARKET ST408866 MARKET ST418856 MARKET ST42216 CREEKWOOD RD438927 TILBURY DR448935 TILBURY DR458846 MARKET ST46113 FOYS TRL47220 CREEKWOOD RD488936 TILBURY DR
Case:
Conditional Zoning District
Request:
Z-960
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Market St(8800 Block)R-15/Undeveloped;Single Family Dwelling (CZD) B-1/Commercial
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Z-960
Zoning Districts
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R-15
R-20
R-20S
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Indicates Conditional Use District (CUD)
Indicates Conditional Zoning District (CZD)
Incorporated Areas SHOD
Case:
Conditional Zoning District
Request:
Z-960
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Market St(8800 Block)R-15/Undeveloped;Single Family Dwelling (CZD) B-1/Commercial
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Z-960
CAMA Classifications
Conservation Area
Natual Heritage Resource Protection Area
Aquifer Resource Protection Area
Watershed Resource Protection
Wetland Resource Protection Area
Urban
Transition
Community
Rural
Case:
Conditional Zoning District
Request:
Z-960
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Market St(8800 Block)R-15/Undeveloped;Single Family Dwelling (CZD) B-1/Commercial
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Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information
Z-960
Sewer Collector
Water Distribution Main
Urban Services Area
Case:
Conditional Zoning District
Request:
Z-960
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Market St(8800 Block)R-15/Undeveloped;Single Family Dwelling (CZD) B-1/Commercial
MARKET ST
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MATERIALS
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- 8 - 2ITEM: 2
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PROPOSED
SITE PLAN
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- 9 - 2ITEM: 2
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04/14
Petitioner Information Property Owner(s)
If different than Petitioner
Subject Property
Name Owner Name Address
Company Owner Name 2 Parcel ID(s)
Address Address Area
City, State, Zip City, State, Zip Existing Zoning and Use
Phone Phone Proposed Use
Email Email Land Classification
Application Tracking Information (Staff Only)
Case Number Date/Time received:Received by:
NEW HANOVER COUNTY
PLANNING & INSPECTIONS
Application for
CONDITIONAL ZONING DISTRICT T
230 Government Center Drive Suite 110
Wilmington, NC 28403
910-798-7165 phone
910-798-7053 fax
www.nhcgov.com
APPLICATION OVERVIEW
In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a
pre-application conference prior to application submittal. Petitioners are requested to review the sections
of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to
submission, and advised to contact Planning Staff with any questions. The following sections of the
Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts:
•Section 55.3: Conditional Zoning Districts
•Section 110: Amending the Ordinance
•Section 111: Petitions
•Section 112: Approval Process
Applications for zoning amendments must first be considered by the New Hanover County Planning
Board at a public hearing. The Planning Board will make a recommendation to the County
Commissioners which will take final action on the permit application in a quasi-judicial public hearing.
Attendance at all public hearings is required. The public hearings will allow staff, the applicant,
proponents and opponents to testify in regards to the request. Unless otherwise published or announced,
Planning Board meetings are held on the first Thursday of each month at 6:00PM in the Commissioner's
Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington,
North Carolina. All meeting dates and application deadlines are published on the New Hanover County
Planning website.
CindeeWolf 6943Market,L.L.C.8822,8840&8842MarketSt
DesignSolutions 326012.96.6622,7734&8539
POBox7221 2900MiddleSoundLoopRoad 2.07ac.+/-
Wilmington,NC28406 Wilmington,NC28405 R-15/Vacant
910-620-2374 910-520-0315/TonyDombroski (CZD)B-1/Misc.Retail
cwolf@lobodemar.biz tony@atdbuilding.com Transition
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Planning Board - July 7, 2016
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Legal Description for
Conditional Zoning District
At 8822, 8840 & 8842 Market Street
Beginning at a point in the southeastern boundary of Market Street / U.S. Hwy. 17, a variable
width public right‐of‐way; said point being an NCDOT R/W Disk located southwestwardly along
the road approximately 485 feet from its intersection with the centerline of Creekwood Road, a
private right‐of‐way; and running thence from the point of beginning:
South 46022’38” East, 222.26 feet to a point; thence
South 43025’37” East, 151.63 feet to a point; thence
South 64011’16” West, 224.81 feet to a point; thence
North 02039’10” West, 111.64 feet to a point; thence
South 54040’47” West, 180.75 feet to a point; thence
North 43055’20” West, 196.63 feet to a point in the southeastern boundary of Market Street;
thence, with that right‐of‐way,
North 46031’45” East, 189.83 feet to a point; thence
North 47009’36” East, 120.74 feet to the point and place of beginning, containing 2.07 acres,
more or less.
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Planning Board - July 7, 2016
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Location: 8822, 8840 & 8842 Market Street
Proposed Zoning: Conditional Zoning District / (CZD) B-1
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 Dept. for notice of the Sunshine List on May 18, 2016___.
A copy of the written notice is also attached.
The meeting was held at the following time and place: Wednesday, June 1, 2016;
5:30 - 6:30 p.m.; at the offices of Design Solutions; 107 Stokley Dr., Unit 104, Wilmington
The persons in attendance at the meeting were: Reference Attached Sign-in List
The following issues were discussed at the meeting:
** A project introduction was given with an overview of Conditional Zoning Districts and of the
site layout.
** Several neighbors discussed their concern over issues with the pond attracting mosquitos.
They questioned whether it would be fenced and / or buffered from view.
** There is an existing access driveway to a land-locked parcel to the rear. No recorded
easement exists. The developer has agreed to coordinate maintaining access for that
property, if still desired, albeit through the new driveway & parking area.
As a result of the meeting, the following changes were made to the rezoning petition: Pond
sizing requirements were reviewed by an Engineer, and the site plan revised to shift
the pond as far as possible from the adjacent properties and reduce the surface area
to a more accurate depiction.
Date: June 6,2016
Applicant: Design Solutions
By: Cindee Wolf
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Planning Board - July 7, 2016
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Planning Board - July 7, 2016
Adjacent Owners Mailing List
OWN1 Owner Address Owner City
16TH STREET LLC 1801 16TH ST S WILMINGTON, NC 28401
6943 MARKET LLC 2900 MIDDLE SOUND LOOP RD WILMINGTON, NC 28411
6943 MARKET LLC 2900 MIDDLE SOUND LOOP RD WILMINGTON, NC 28411
6943 MARKET LLC 2900 MIDDLE SOUND LOOP RD WILMINGTON, NC 28411
ABDUL GHANI NASIBA 102 FOYS TRAIL WILMINGTON, NC 28411
ABDULGHANI ISMAILA 126 FOYS TRL WILMINGTON, NC 28401
BALLARD AYANNA R ETAL 122 FOYS TRL WILMINGTON, NC 28405
BROWN WILLIAM C ETAL 6941 WRIGHTVILLE AVE WILMINGTON, NC 28403
ENGLISH MICHELLE 1789 WILTON RD CLEVELAND, OH 44118
FIRST BAPTIST CHURCH TRUSTEES0 PO BOX 751 WILMINGTON, NC 28402
FOY DAVID III ETAL 8857 STEPHENS CHURCH RD WILMINGTON, NC 28411
FULTON DARLENE ETAL 109 YORKSHIRE LN WILMINGTON, NC 28409
GALLOWAY GERALDINE 210 CREEKWOOD RD WILMINGTON, NC 28411
GHANI WARITHUD DIN ABDUL 126 FOYS TRL WILMINGTON, NC 28411
GIBSON DEEHJE PAUL R CHASE 8923 TILBURY DR WILMINGTON, NC 28411
GOODLOW JERRY W REV TRUST ETAL8931 TILBURY DR WILMINGTON, NC 28411
GRADY WILLIAM B HRS 3329 WILTON DR SUMPTER, SC 29150
GREEN JERRY HRS 2118 ROBERT E LEE BLV BOSSIER CITY, LA 71112
HINES JIMMIE 8845 STEPHENS CHURCH RD WILMINGTON, NC 28411
HODGES SAMMY R LOREN L 8908 TILBURY DR WILMINGTON, NC 28411
LOWMAN CONRAD KAREN 8537 BALD EAGLE LN WILMINGTON, NC 28411
MARTINEZ LORENZO LEA BARTOLOME5412 MARINA CLUB DR WILMINGTON, NC 28409
MCINTYRE DORTHA DAVID L SR216 ROCKAWAY AVE APARTMENT 8EBROOKLYN, NY 11233
MCINTYRE MARY 129 MCINTYRE TRL WILMINGTON, NC 28405
MCINTYRE NATHAN NANCY HRS518 MANLY AVE WILMINGTON, NC 28403
MCMILLAN BRENDA HRS 8893 STEPHENS CHURCH RD WILMINGTON, NC 28405
MCMILLAN EUGENE LORETTA 8833 STEPHENS CHURCH RD WILMINGTON, NC 28411
MCMILLAN EUGENE LORETTA 8833 STEPHENS CHURCH RD WILMINGTON, NC 28411
MCMILLIAN ANNIE L REDDICK ETAL 1912 ANN ST WILMINGTON, NC 28403
MOYA RAQIBA 126 FOYS TRL WILMINGTON, NC 28411
NIXON ALONZA DEBBIE R 111 CREEKWOOD RD WILMINGTON, NC 28411
NIXON BESSIE F ETAL 8830 MARKET ST WILMINGTON, NC 28411
NIXON ERNESTINE HRS 313 APPLE RD CASTLE HAYNE, NC 28429
NIXON KATHLEEN M 113 CREEKWOOD RD WILMINGTON, NC 28405
NIXON LIZZIE B 119 FOYS TRL WILMINGTON, NC 28411
NIXON ROBERT SIMON HRS 8923 STEPHENS CHURCH RD WILMINGTON, NC 28411
NIXON THELMA LIFE ESTATE 1612 ANN ST WILMINGTON, NC 28401
PADULA ROBERT M LORA B 6204 LYDDEN RD WILMINGTON, NC 28409
PRIDGEN BERNICE HRS 8801 STEPHENS CHURCH RD WILMINGTON, NC 28405
PRIDGEN LEROY JR HEIRS 8805 STEPHENS CHURCH RD WILMINGTON, NC 28405
REDDICK DORIS G 8802 MARKET ST WILMINGTON, NC 28405
REDDICK HERBERT JR ETAL 8802 MARKET ST WILMINGTON, NC 28405
RIGGINS BRUCE ADINA L0 PO BOX 11079 WILMINGTON, NC 28404
RIGGINS MICHELLE A0 PO BOX 11079 WILMINGTON, NC 28404
SIDBURY SHARON D 210 CREEKWOOD RD WILMINGTON, NC 28411
STUART EDWIN T AMY C 8927 TILBURY DR WILMINGTON, NC 28411
VIOREL JOHN C AILEEN W 8935 TILBURY DR WILMINGTON, NC 28411
WALKER ELIZA JANE HRS 1621 ANN ST WILMINGTON, NC 28401
WALSH HENRY 101 HUGHES RD HAMPSTEAD, NC 28443
WARD FRANK J III STACY R 8936 TILBURY DR WILMINGTON, NC 28411
WARD FRANK J STACY 8936 TILBURY DR WILMINGTON, NC 28411
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Planning Board - July 7, 2016
P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz
Transmittal
May 18, 2016
To: Adjacent Property Owners
From: Cindee Wolf
Re: Custom Colors Paint & Flooring
The owner of a property within 500 feet of yours is interested in developing a small
commercial center at 8822 Market Street. 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. An exhibit of the plan layout and surrounding area is attached.
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 Wednesday, June 1st, at the offices of Design Solutions, 107
Stokley Drive, Unit 104, 5:30 – 6:30 p.m. If you cannot attend, you are also welcome to
contact me at telephone # 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.
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Planning Board - July 7, 2016
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- 11 - 11ITEM: 2
Planning Board - July 7, 2016
- 11 - 12ITEM: 2
Planning Board - July 7, 2016
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: July 7, 2016
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner
CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning
Manager; and Chris O'Keefe, Planning & Inspections Director
SUBJECT:
Public Hearing
Rezoning Request (Z-961, 7/16) – Request by Design Solutions, applicant, on behalf of the property
owners, Marie P. Sikes Heirs, and Gregory W. Jordan, to rezone 7.08 acres located at the 4600 block
of Carolina Beach Road from (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2,
Conditional Highway Business District, in order to develop a mini-warehouse use.
BRIEF SUMMARY:
The subject property includes four parcels of land totaling 7.08 acres located on Carolina Beach Road. The
property also fronts Sikes Drive, a road which has been petitioned to be accepted into the City of
Wilmington’s maintenance system. When zoning was initially applied to this area in 1971, the subject
property and the surrounding area were zoned R-15.
On December 5, 2005, a rezoning application (Z-821) was approved that rezoned the property to a (CUD) B-
1 district to allow for a retail/office development. A modification to that district (Z-891) was approved on
December 1, 2008 which rezoned the property to a (CUD) B-2 district in order to allow for the development
of a movie theater. Since then, a portion of that proposed development has been annexed into the City of
Wilmington.
A multi-family development, Belle Meade Apartments, is currently being constructed within the City on the
adjoining property to the south; and in May, the Board of Commissioners, approved a Conditional Use
Zoning District that allows for the development of an 80 unit apartment complex at 4713 Carolina Beach
Road. Single-family housing is located to the north and east of the property.
The property is in an area that transitions into the City of Wilmington, with land within the city bordering the
property to the north, south, and west.
Currently, the site plan included with the application does not comply with the buffer and setback standards
of the Zoning Ordinance. Specifically, the required setbacks and buffers are not being provided along the 1.7
acre parcel adjoining the property to the south, which is currently used for residential purposes.
The proposed development will generate 21 trips in the AM peak, and 36 trips in the PM peak. Because the
trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) is not required to be completed.
According to the 2006 CAMA Plan, the site is classified as Urban. The purpose of the Urban classification is
to provide for continued intensive development and redevelopment of existing urban areas.
ITEM: 3
Planning Board - July 7, 2016
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends denial and suggests the following motion:
Motion to recommend denial, as the Planning Board finds that this application for a zoning map amendment
of 7.08 acres from (CUD) B-2, Conditional Use Highway Business District, and R-15, Residential District, to
(CZD) B-2, Conditional Business District as described is:
1.Inconsistent with the purposes and intent of the 2006 CAMA Land Use Plan and 2016
Comprehensive Plan because the proposed development of a mini-warehouse use does not maximize
the benefits of the available infrastructure which have been installed to support urban development.
2.Not reasonable and not in the public interest because the proposed mini-warehouse use will not
maximize the available and planned services and infrastructure in the area, and because it does not
encourage other modes of transportation that would reduce the dependency on the automobile.
ATTACHMENTS:
Z-961 Script for PB
Z-961 Petition Summary
Z-961 Staff Summary PB
Z-961 Neighbor Properties Map
Z-961 Zoning Map
Z-961 Water-Sewer Map
Z-961 CAMA Map
Applicant Materials Cover Page
Z-961 Proposed Site Plan Cover Page
Z-961 Proposed Site Plan
Z-961 Application
Z-961 Buffer Exhibit
ITEM: 3
Planning Board - July 7, 2016
SCRIPT FOR Conditional Zoning District Application (Z-960, 7/16)
Rezoning Request (Z-961, 7/16) – Request by Design Solutions, applicant, on behalf of the
property owners, Marie P. Sikes Heirs, and Gregory W. Jordan, to rezone 7.08 acres located at
the 4600 block of Carolina Beach Road from (CUD) B-2, Conditional Use Highway Business
District, to (CZD) B-2, Conditional Highway Business District, in order to develop a mini-
warehouse use. The property is classified as Urban according to the 2006 CAMA Land Use
Plan.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for
rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Board discussion
5. At this time, you may ask to either continue the application to a future meeting, or to proceed with
this Board deciding whether to recommend approval or denial of the application. What do you
wish to do?
6. Vote on the conditional zoning district application. The motion should include a statement saying
how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and
in the public interest.
Staff Suggested Motion:
Motion to recommend denial, as the Planning Board finds that this application for a zoning map
amendment of 7.08 acres from (CUD) B-2, Conditional Use Highway Business District, and R-15,
Residential District, to (CZD) B-2, Conditional Business District as described is:
1. Inconsistent with the purposes and intent of the 2006 CAMA Land Use Plan and 2016
Comprehensive Plan because the proposed development of a mini-warehouse use does not
maximize the benefits of the available infrastructure which have been installed to support urban
development.
2. Not reasonable and not in the public interest because the proposed mini-warehouse use will not
maximize the available and planned services and infrastructure in the area, and because it does
not encourage other modes of transportation that would reduce the dependency on the
automobile.
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Planning Board - July 7, 2016
Z-961, 7/16 Page 1 of 1
Case Z-961, (7/16)
Rezone from (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2, Conditional Highway
Business District
Petition Summary Data
Parcel Location & Acreage: 4600 block of Carolina Beach Road, 7.08 acres
Petitioner/Owner: Cindee Wolf, Design Solutions (Applicant)
Marie P. Sikes Heirs and Gregory W. Jordan (Owners)
Existing Land Use: Single Family Dwellings/Undeveloped
Zoning History: April 7, 1971 - Initially zoned R-15 via Area 4
December 5, 2005 – Rezoned to (CUD) B-1 to allow for a retail/office
development (Z-821)
December 1, 2008 – Rezoned to (CUD) B-2 as part of a modification to the
previously approved Conditional Use District (Z-891)
Land Classification: Urban
Water Type: Public
Sewer Type: Public
Recreation Area: Halyburton Memorial and Arrowhead Park
Access: Carolina Beach Road
Fire District: New Hanover County South
Watershed & Water Quality
Classification: Barnards Creek (C;Sw)
Conservation/Historic/
Archaeological Resources: No known historic or archaeological resources
Soils and Septic Suitability: Baymeade Fine Sand (Be) – Class II: Moderate Limitation
Schools: Bellamy Elementary, Codington Elmentary, Myrtle Grove Middle, Ashley
High
- 2 - 1ITEM: 3
Planning Board - July 7, 2016
Z-961, (7/16) Page 1 of 10
CONDITIONAL ZONING DISTRICT APPLICATION
CASE: Z-961, 7/16
PETITIONER: Cindee Wolf of Design Solutions, applicant
Gregory W. Jordan and Marie P. Sikes Heirs, property owners
REQUEST: Rezone from (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2,
Conditional Highway Business District
ACREAGE: 7.08 acres
LOCATION: 4600 block of Carolina Beach Road
PIDs: R07100-003-001-000
R07012-004-004-000
R07109-001-003-000
R07100-003-004-000
2006 CAMA LAND CLASS: Urban
2016 COMP PLAN PLACE TYPE: Community Mixed Use
EXISTING CONDITIONS:
Existing Zoning and Land Uses
The subject property includes four parcels of land totaling 7.08 acres located on Carolina Beach Road. The
property also fronts Sikes Drive, a road which has been petitioned to be accepted into the City of
Wilmington’s maintenance system. When zoning was initially applied to this area in 1971, the subject
property and the surrounding area were zoned R-15.
On December 5, 2005, a rezoning application (Z-821) was approved that rezoned the property to a (CUD)
B-1 district to allow for a retail/office development. A modification to that district (Z-891) was approved
on December 1, 2008 which rezoned the property to a (CUD) B-2 district in order to allow for the
- 3 - 1ITEM: 3
Planning Board - July 7, 2016
Z-961, (7/16) Page 2 of 10
development of a movie theater. Although much of the development’s infrastructure was installed, none
of the structures were constructed. Recently, a portion of that proposed development has been annexed
into the City of Wilmington.
A multi-family development, Belle Meade Apartments, is currently being constructed within the City on
the adjoining property to the south; and in May, the Board of Commissioners, approved a Conditional Use
Zoning District that allows for the development of an 80 unit apartment complex at 4713 Carolina Beach
Road. Single-family housing is located to the north and east of the property.
The property is in an area that transitions into the City of Wilmington, with land within the city bordering
the property to the north, south, and west.
Not included in this application is a 1.7 acre parcel adjoining the property to the south which was also
zoned (CUD) B-2 with the previous movie theater development proposal. This parcel is currently used for
residential purposes.
Existing Site Conditions
Three of the four parcels contain a total of six single-family dwelling units, which will be removed as the
property is developed. The other parcel is undeveloped.
Community Services
Water and Sewer:
The property is within the Urban Services boundary, and water and sewer services are located within the
nearby vicinity. The development will connect to CFPUA water and sewer service.
Fire Protection:
The property is served by New Hanover County Fire Services and located in the New Hanover County
South Fire District.
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Planning Board - July 7, 2016
Z-961, (7/16) Page 3 of 10
Schools:
The property is located within the school districts for Bellamy Elementary, Codington Elementary, Myrtle
Grove Middle, and Ashley High schools; however the proposed use will not have an impact on the school
system.
Conservation, Historic, and Archaeological Resources
The subject property does not host any known conservation, historic, or archaeological resources.
PETITIONER’S REQUEST:
The petitioner is seeking to rezone the 7.08 acres currently zoned (CUD) B-2, Conditional Use Highway
Business District, to (CZD) B-2, Conditional Highway Business District, in order to develop a mini-
warehouse business.
STAFF POSITION:
Zoning Ordinance Considerations
The purpose of the Highway Business District is to provide for the proper grouping of development of
roadside business uses which will best accommodate the needs of the motoring public and businesses
demanding high volume traffic. The district’s principal means of ingress and egress shall be along collector
roads, minor arterials, and/or major arterials.
A conceptual site plan is included as part of the application and is shown below. If this application is
approved, the property must be developed in accordance with the site plan. The applicant is proposing
to develop five mini-warehouse buildings totaling 139,900 square feet.
Conceptual Site Plan
- 3 - 3ITEM: 3
Planning Board - July 7, 2016
Z-961, (7/16) Page 4 of 10
Further, the proposed development is subject to the County’s site plan/building permit review
process. The process includes reviewing the plan with the technical standards of the County’s
development ordinances, including landscaping, buffering, and stormwater requirements. A fully opaque
buffer and increased building setback is required along the property lines that adjoin residential uses and
zoning. As currently shown, the site plan does not comply with the buffer and setback standards of the
Zoning Ordinance. Specifically, the required setbacks and buffers are not being provided along the 1.7
acre parcel adjoining the property to the south. That parcel, as previously mentioned, is currently used
for residential purposes, having two single-family dwellings located on it. The County’s Legal Department
is aware of the issue and agrees the buffer and setback requirements are not being met as currently
proposed. The applicant is also aware of staff’s determination.
Transportation
The proposed development will generate 21 trips in the AM peak, and 36 trips in the PM peak. Because
the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) is not required to be
completed.
The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count at the 5000 block
of Carolina Beach Road in 2015. The count yielded an Average Daily Traffic (ADT) of 29,430 trips. Carolina
Beach Road has a design capacity of 29,300 daily trips, and therefore it is classified as having an “F” Level
of Service (LOS) with a Volume to Capacity Ratio of 1.004.
Improvements were made to the Matteo Drive and Carolina Beach Road intersection as part of the
previous Conditional Use District development proposal. These improvements included signalizing the
intersection and providing additional turn lanes.
The NHC/Wilmington Comprehensive Greenway Plan proposes that a greenway network be installed
along this portion of Carolina Beach Road. If this application is approved, staff recommends that a
condition is be placed on the district that will require a 20 foot wide access easement be dedicated to the
county for the purposes of installing a future multi-use path. Below is the proposed greenway network
as illustrated in the Greenway Plan.
- 3 - 4ITEM: 3
Planning Board - July 7, 2016
Z-961, (7/16) Page 5 of 10
Environmental
The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas.
Stormwater management will be reviewed by New Hanover County Engineering and by the NC
Department of Environmental Quality. According to the National Wetlands Inventory, wetlands are not
present on the property.
Land Use Plan Considerations
According to the 2006 CAMA Plan, the site is classified as Urban. The purpose of the Urban classification
is to provide for continued intensive development and redevelopment of existing urban areas.
Relevant Policies of the Land Use Plan:
Policy 4.1 Designate sufficient land area and suitable locations for the various land use types.
Policy 4.3 Maximize effectiveness of commercial uses by assuring that land is available for
commercial uses within close proximity to the markets they serve and by ensuring that such
commercial uses do not diminish the quality of life in nearby residential areas.
Policy 5.1 Promote mixed use development outside of sensitive areas within the urban services area
and higher density mixed use in redevelopment projects in order to maximize benefits from
available infrastructure, preserve valuable natural resources including open space, and
reduce dependence on the automobile.
Areas in the county that have been designated as Urban have already been developed at a density
approaching 1,500 dwellings per square mile. Urban areas also have public services in place or are
scheduled to be installed within the immediate future. These services include public utilities (water and
sewer) and a viable transportation network (proximity to minor and major arterial streets, transit service,
and bike and pedestrian improvements).
The area surrounding the subject property is one of the most densely populated areas within the county’s
planning jurisdiction. The property fronts Carolina Beach Road, a major arterial, and is adjacent to St.
Andrews Drive, a major collector. The property also fronts Sikes Lane, a street that is planned to be
extended further south. The extension of Sikes Lane creates an opportunity to provide interconnectivity
to multiple developments in the area which, if successful, may lead to the street operating as a collector
street; as it will provide a direct route to St. Andrews Drive.
The development in the area has also provided a network of sidewalks. Currently, sidewalks have been
installed along St. Andrews Drive, Sikes Lane, Pine Hollow Drive, and Matteo Drive. Also, as previously
mentioned, the NHC/Wilmington Greenway Plan proposes that a greenway network run along Carolina
Beach Road and St. Andrews Drive.
The property is also served by the Carolina Beach Road Bus Route (201) and is within 1,000 feet of two
bus stops. Route 201 collects riders along Carolina Beach Road as well as 17th Street between John D Barry
Drive and George Anderson Drive. This route extends along George Anderson Drive and Saint Andrews
Drive. Additionally, this route extends to downtown Wilmington to Market Street.
- 3 - 5ITEM: 3
Planning Board - July 7, 2016
Z-961, (7/16) Page 6 of 10
Due to the fact that the property is located in an area with a high population density, and where many
public services are in place, the proposed development of a mini-warehouse use on the property is
inconsistent with the Land Use Plan. Policy 5.1 encourages land within urban areas to be developed so
that they “maximize the benefits from available infrastructure”. With the availability of, and plans for,
public services/infrastructure as detailed above (water and sewer services, viable transportation
network), a development that provides neighborhood services such as retail, office, and other consumer-
based uses will be a better benefit to the area’s residents and would be consistent with the Land Use Plan.
In addition, Policy 5.1 encourages development that will reduce the dependence on the automobile.
Because there are many residences in the vicinity of the subject property, and because pedestrian
improvements have been provided in the area, a development that offered more neighborhood
consumer-based uses and job opportunities will encourage the residents to take alternative forms of
transportation, like walking and biking, to the subject property.
2016 Comprehensive Land Use Plan
On July 11th the Board of Commissioners will consider adoption of the Comprehensive Plan. The Plan
includes a Future Land Use Map which will replace the CAMA Land Use Classification Map and help guide
growth and development in the unincorporated areas of the County. The Future Land Use Map classifies
the property as Community Mixed Use.
The Community Mixed Use Place Type focuses on small-scale, compact, mixed use development patterns
that promote multimodal travel and act as an attractor for county residents and visitors. These areas share
several qualities with higher-intensity mixed use place types, including a combination of ground floor retail
with officespace and housing above, wider sidewalks, and an emphasis on streetscaping. However, these
centers are generally small, no more than a few square blocks. Civic uses, particularly recreation and
public gathering places, are particularly encouraged here. Ideally, large-scale, lower density commercial
and industrial developments are prohibited.
- 3 - 6ITEM: 3
Planning Board - July 7, 2016
Z-961, (7/16) Page 7 of 10
Relevant Goals, Strategies, and Guidelines of the Comprehensive Plan:
Goal I: Support business growth (Desired Outcome: A vibrant economy for New Hanover County Based on
business success.)
Strategy
C. Align county zoning ordinances to encourage targeted business in appropriate areas.
Guidelines
C.3 Develop strategies for encouraging office, retail, and other light intensity nonresidential uses
within existing residential areas to provide community level service.
Goal III: Promote fiscally responsible growth. (Desired Outcome: Growth patterns that achieve efficient
provisions of services and equitable distribution of costs between the public and private sector.)
Strategy
A. Coordinate infrastructure from a regional perspective including water, sewer, and
transportation.
F. Encourage development where existing infrastructure is available.
Goal VIII: Integrate multi-modal transportation into mixed land uses that encourage safe, walkable
communities. (Desired Outcome: A community with a mixture of uses that allows for individuals to perform
daily tasks without the use of an automobile. A community where individuals can safely walk, bike, and
access transit.)
Strategy
E. Encourage provision of transit supportive land uses and infrastructure where appropriate.
Guidelines
E.2 Concentrate development in nodes and high growth areas depicted on the FLUM to
ultimately produce densities that can support multi modal transportation and Transit
Oriented Development.
E.3 Provide alternatives to automobile transportation by encouraging new development,
redevelopment, and transportation improvements to include provisions for a network of
bicycle and pedestrians facilities, including pedestrian causeways, bridges, and crossings on
collector streets and major arterials.
Goal IX: Promote environmentally responsible growth. (Desired Outcome: Development that
accommodates population growth while minimizing negative impacts on natural resources. (Desired
Outcome: Development that accommodates population growth while minimizing negative impacts on
natural resources.)
Strategy
D. Strengthen and direct development toward existing communities through encouraging infill
and redevelopment.
Goal XXI: Ensure NHC remains in attainment for air quality, in support of clean air and improved public
health outcomes in support of continued growth. (Desired Outcome: New Hanover County to remain in
attainment for air quality to protect public health and retain and attract development and industries.)
Strategy
A. Promote compact development, mixture of uses, and infill that minimizes trips and vehicle
miles traveled.
- 3 - 7ITEM: 3
Planning Board - July 7, 2016
Z-961, (7/16) Page 8 of 10
Guidelines
A.1 Promote compact development and infill with a mix of integrated community uses (e.g.
housing, shops, workplaces, schools, parks, and civic facilities) within walking or biking
distance that minimizes vehicle trips and vehicle miles travelled.
A.2 Encourage development be located and designed to be convenient for access to public
transit, thereby bringing potential riders closer to transit facilities and increasing ridership.
Strategy
B. Encourage development patterns and neighborhood street designs that are conductive to
pedestrian and bicycle use.
Guidelines
B.2 Promote street, sidewalk, and greenway designs that support and enhance access between
neighborhoods and to neighborhood based commercial developments.
As previously mentioned, the subject property is located in an area with a high population density, and
where many public services are in place, including public water and sewer, and a viable transportation
network. Because of these locational characteristics, the development of a mini-warehouse use would
be inconsistent with the draft Comprehensive Plan, as it does not appropriately utilize the infrastructure
investments made in the area. A development that provides more consumer-based services and job
opportunities would be a better benefit to the area’s residents.
Create Wilmington Comprehensive Plan Considerations
Because the area is adjacent to the City of Wilmington and staff is committed to coordinating with the
City on adjacent land uses, staff requested the City’s Planning Department to comment on the
application’s consistency with the City’s Comprehensive Plan. City planning staff reviewed the application
with the City’s plan, Create Wilmington Comprehensive Plan, and stated that it is not consistent with the
growth map and strategies of the plan.
The parcels adjacent to the subject property are identified as an Area of Opportunity – Greenfield Site as
Multi-use Places. The strategies with that classification are:
Implement adopted master plans; create new master plans as needed.
- 3 - 8ITEM: 3
Planning Board - July 7, 2016
Z-961, (7/16) Page 9 of 10
Encourage town centers and other suburban mixed-use development types.
Make connections to adjacent areas and incorporate them into new development.
Provide abundant open space and buffers along low-density neighborhoods, but integrate with
existing multifamily and commercial areas.
Maximize structured parking and concealed parking and minimize the use of large surface parking
lots.
Develop multi-use areas and provide multi-modal connections between various uses.
Encourage a variety of building types; employ new and traditional urban design principles in site
and building design.
Ensure a walkable block structure and a clear hierarchy of complete streets.
Provide Main Streets with pedestrian-friendly storefronts and street furniture.
REVIEW AND ACTION:
This request is being facilitated by Section 55.3 – Conditional Zoning District of the County’s Zoning
Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A
community meeting was held on Tuesday, May 31st, 2016 in accordance with the requirements for such
an application. The applicant has provided a summary of the meeting which includes the concerns and
comments brought up by the attendees.
Staff recommends denial of the application. Staff concludes that the application is inconsistent with the
2006 CAMA Land Use Plan, the 2016 Comprehensive Plan, the City’s Create Wilmington Comprehensive
Plan, and also with the Zoning Ordinance. Due to the property being located in an area with a high
population density and where many public services are in place, a development that offers more
consumer-based uses that provide neighborhood services will maximize the benefits from available
infrastructure as encouraged in Policy 5.1 of the 2006 CAMA Land Use Plan and in the goals of the 2016
Comprehensive Plan.
FIRST ACTION NEEDED:
Motion to recommend approval of the rezoning request
Motion to “table” the item in order to receive more information
Motion to recommend denial of the rezoning request
Example Motion for Approval:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 7.08 acres from (CUD) B-2, Conditional Use Business District, to (CZD) B-2, Conditional
Business District as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and 2016
Comprehensive Plan because [Describe elements of controlling land use plans and how the
amendment is consistent].
- 3 - 9ITEM: 3
Planning Board - July 7, 2016
Z-961, (7/16) Page 10 of 10
2. Reasonable and in the public interest because [Briefly explain why. Factors may include public
health and safety, character of the area and relationship of uses, applicable plans, or balancing
benefits and detriments.].
Conditions:
[List any agreed upon conditions]
Example Motion for Denial:
Motion to recommend denial, as the Planning Board finds that this application for a zoning map
amendment of 7.08 acres from (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2,
Conditional Business District as described is:
1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and the 2016
Comprehensive Plan because [Describe elements of controlling land use plans and how the
amendment is not consistent].
2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include
public health and safety, character of the area and relationship of uses, applicable plans, or
balancing benefits and detriments.].
Staff Suggested Motion:
Motion to recommend denial, as the Planning Board finds that this application for a zoning map
amendment of 7.08 acres from (CUD) B-2, Conditional Use Highway Business District, and R-15,
Residential District, to (CZD) B-2, Conditional Business District as described is:
1. Inconsistent with the purposes and intent of the 2006 CAMA Land Use Plan and 2016
Comprehensive Plan because the proposed development of a mini-warehouse use does not
maximize the benefits of the available infrastructure which have been installed to support urban
development.
2. Not reasonable and not in the public interest because the proposed mini-warehouse use will not
maximize the available and planned services and infrastructure in the area, and because it does
not encourage other modes of transportation that would reduce the dependency on the
automobile.
- 3 - 10ITEM: 3
Planning Board - July 7, 2016
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Z-961
CITY
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Z-961
Case:
Conditional Zoning District
Request:
Z-961
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Carolina Beach Rd(4600 Block)(CUD) B-2/Residential; Undeveloped (CZD) B-2/Self-Storage
Zoning
Parcels within 500 Feet of Case Site
!
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Case SiteNeighboring Parcels
IDPhysical AddressIDPhysical Address1700 SAINT ANDREWS DR261207 MATTEO DR2606 SAINT ANDREWS DR273515 ATWATER CT31202 MATTEO DR 04609 CAROLINA BEACH RD44649 CAROLINA BEACH RD04613 CAROLINA BEACH RD5606 SAINT ANDREWS DR289 SILVA TERRA DR60 SIKES DR 291203 MATTEO DR74621 CAROLINA BEACH RD304580 CAROLINA BEACH RD81210 MATTEO DR 314550 CAROLINA BEACH RD91215 MATTEO DR 324624 130 CAROLINA BEACH RD104136 PINE HOLLOW DR334530 CAROLINA BEACH RD114621 SIKES DR 341214 MATTEO DR124617 SIKES DR 351219 MATTEO DR133503 ATWATER CT 364629 CAROLINA BEACH RD144613 SIKES DR 37690 SAINT ANDREWS DR153507 ATWATER CT 384631 CAROLINA BEACH RD164609 SIKES DR 04607 CAROLINA BEACH RD174137 PINE HOLLOW DR04635 CAROLINA BEACH RD183511 ATWATER CT 394600 CAROLINA BEACH RD193518 ATWATER CT 401211 MATTEO DR203519 ATWATER CT 414531 CAROLINA BEACH RD213523 ATWATER CT 424539 CAROLINA BEACH RD224605 SIKES DR 43609 SAINT ANDREWS DR234140 PINE HOLLOW DR44601 SAINT ANDREWS DR241206 MATTEO DR 454610 CAROLINA BEACH RD254435 CAROLINA BEACH RD464616 CAROLINA BEACH RD
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Z-961
Zoning Districts
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Indicates Conditional Use District (CUD)
Indicates Conditional Zoning District (CZD)
Incorporated Areas SHOD
Case:
Conditional Zoning District
Request:
Z-961
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Carolina Beach Rd(4600 Block)(CUD) B-2/Residential; Undeveloped (CZD) B-2/Self-Storage
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Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information
Z-961
Sewer Collector
Water Distribution Main
Urban Services Area
MARKET ST
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*Site In USB*
Urban Services Area
Case:
Conditional Zoning District
Request:
Z-961
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Carolina Beach Rd(4600 Block)(CUD) B-2/Residential; Undeveloped (CZD) B-2/Self-Storage
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Z-961
CAMA Classifications
Conservation Area
Natual Heritage Resource Protection Area
Aquifer Resource Protection Area
Watershed Resource Protection
Wetland Resource Protection Area
Urban
Transition
Community
Rural
Case:
Conditional Zoning District
Request:
Z-961
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
Carolina Beach Rd(4600 Block)(CUD) B-2/Residential; Undeveloped (CZD) B-2/Self-Storage
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APPLICANT
MATERIALS
- 8 - 1ITEM: 3
Planning Board - July 7, 2016
- 8 - 2ITEM: 3
Planning Board - July 7, 2016
PROPOSED
SITE PLAN
- 9 - 1ITEM: 3
Planning Board - July 7, 2016
- 9 - 2ITEM: 3
Planning Board - July 7, 2016
- 10 - 1 ITEM: 3
Planning Board - July 7, 2016
- 11 - 1ITEM: 3
Planning Board - July 7, 2016
- 11 - 2ITEM: 3
Planning Board - July 7, 2016
- 11 - 3ITEM: 3
Planning Board - July 7, 2016
- 11 - 4ITEM: 3
Planning Board - July 7, 2016
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Legal Description for
Conditional District Modification
At 4607, 4609, 4613 & 4635 Carolina Beach Road
Beginning at a point in the northeastern boundary of Carolina Beach Road, a 160’ public right‐
of‐way; said point being located South 39030’53” East, 1.00 feet from its intersection with the
southeastern boundary of Saint Andrews Drive, a 100’ public right‐of‐way; and running thence
from the point of beginning:
North 50029’46” East, 950.02 feet to a point in the southwestern boundary of Sikes Drive, a 60’
public right‐of‐way; thence with that right‐of‐way,
Along a curve to the right, having a Radius of 170.00 feet and Length of 49.99 feet, a Chord of
South 49001’15” East, 49.81 feet to a point; thence
South 40035’46” East, 273.43 feet to a point; thence
Along a curve to the right, having a Radius of 40.50 feet and Length of 66.80 feet, a Chord of
South 16041’06” East, 32.83 feet to a point; thence
Along a curve to the left, having a Radius of 64.50 feet and Length of 52.62 feet, a Chord of
South 16008’41” East, 51.17 feet to a point; thence, leaving the right‐of‐way,
South 50028’50” West, 480.37 feet to a point; thence
North 39030’53” West, 164.96 feet to a point; thence
South 50029’07” West, 450.00 feet to a point in the northeastern boundary of Carolina Beach
Road; thence, with that right‐of‐way,
North 39030’53” West, 235.00 feet to the point and place of beginning, containing 7.08 acres,
more or less.
- 11 - 6ITEM: 3
Planning Board - July 7, 2016
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Location: 4607, 4609, 4613 & 4635 Carolina Beach Road
Proposed Zoning: Conditional Zoning Modification / (CD) B-2
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 Dept. for notice of the Sunshine List on May 18, 2016_,
A copy of the written notice is also attached.
The meeting was held at the following time and place: Tuesday, May 31, 2016;
5:30 - 6:30 p.m.; at the offices of Design Solutions; 107 Stokley Dr., Unit 104, Wilmington
The persons in attendance at the meeting were: Reference Attached Sign-in List
The following issues were discussed at the meeting:
** A project introduction was given with an overview of the existing Conditional Zoning District
and of the proposed modification of the site layout. It was explained that this would be
climate-control storage, only 1-story, and with only an exit access to Sikes Dr.
** Several neighbors discussed their discontent over the potential views from the new single-
family lots that have recently been developed to the northeast of Sikes Drive. They were
generally not aware of the existing conditional zoning district site plan for much more
intensive commercial uses.
** The primary discussion revolved around eliminating the access to Sikes Drive, providing a
more extensive buffer width beyond the Sikes Dr. drainage easement, and installing a solid
privacy fence, along with the required street yard & buffer plantings.
As a result of the meeting, the following changes were made to the rezoning petition: Site
plan was revised to increase the width of the buffer yard and to show the solid fencing.
A preliminary landscape plan exhibit will be prepared to show the proposed numbers of
trees and shrubs that will be agreed upon as a condition of approval.
The “Exit Only” access gate to Sikes Drive was left because of safety & vehicular
Circulation concerns.
Date: June 6, 2016
Applicant: Design Solutions
By: Cindee Wolf
- 11 - 7ITEM: 3
Planning Board - July 7, 2016
- 11 - 8ITEM: 3
Planning Board - July 7, 2016
Adjacent Property Owners
Owner Owner Address Owner City
4624 CAROLINA BEACH RD COA 123 CRAWFORD RD HILLSBOROUGH, NC 27278
AGM WILMINGTON LLC 6584 POPLAR AVE MEMPHIS, TN 38138
BAYLEY FAMILY REV LIVING TRUST 1202 MATTEO DR WILMINGTON, NC 28412
BELLE MEADE DEVELOPMENT PTNRS LLC 111 PRINCESS ST WILMINGTON, NC 28401
BELLE MEADE VILLAGE HOA INC PO BOX 12051 WILMINGTON, NC 28405
BILL CLARK HOMES OF WILM LLC 127 RACINE DR SUITE 201WILMINGTON, NC 28403
CHAPMAN KAREN L 1206 MATTEO DR WILMINGTON, NC 28412
FAIRFIELD PARK POA 2108 ASCOTT PL WILMINGTON, NC 28403
FLOOD ALLEN P JENNIFER P 1207 MATTEO DR WILMINGTON, NC 28412
GARCIA HECTOR G6 SILVA TERRA DR WILMINGTON, NC 28412
JORDAN GREGORY W 6809 TEVIOT RD WILMINGTON, NC 28412
JUST FOR BUYERS INVESTMENTS LLC 5 SILVA TERRA DR SUITE 140 WILMINGTON, NC 28412
LOPEZ GRAJALES ANTONIO BEATRIX 9 SILVA TERRA DR WILMINGTON, NC 28412
MACDONALD SCOTT L SUSAN N 1203 MATTEO DR WILMINGTON, NC 28412
NEW HAN VOL RESCUE SQUAD 4540 CAROLINA BEACH RD WILMINGTON, NC 28403
NOELLE HOLDINGS LLC 5231 MASONBORO HARBOR DR WILMINGTON, NC 28409
NOELLE HOLDINGS LLC ETAL 2365 HIGHWAY 210 W HAMPSTEAD, NC 28443
NORRIS DONALD WILLIAM 13 SILVA TERRA DR WILMINGTON, NC 28412
PALAZZO JOSEPH 78 ELMHURST AVE MEDFORD, NY 11763
POORE SANDRA M 1214 MATTEO DR WILMINGTON, NC 28412
REISCH DENNIS P BRENDA Q 1219 MATTEO DR WILMINGTON, NC 28412
SCHAFFER MILTON T III TRUST 5616 OAK BLUFF LN WILMINGTON, NC 28409
SHP BELLEMEADE LLC 3909 WRIGHTSVILLE AVE 100WILMINGTON, NC 28403
SIKES MARIE P HRS 317 RIVAGE PROMENADE WILMINGTON, NC 28412
SMITH HILDA STANLEY 2013 LAKE SHORE DR E WILMINGTON, NC 28401
SUPA DAVID W KATELYN H 1211 MATTEO CT SUITE 201WILMINGTON, NC 28412
WILMINGTON CITY OF PO BOX 1810 WILMINGTON, NC 28402
WILMINGTON LODGE #343 LOYAL 4610 CAROLINA BEACH RD WILMINGTON, NC 28412
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Planning Board - July 7, 2016
P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz
Transmittal
May 18, 2016
To: Adjacent Property Owners
From: Cindee Wolf
Re: All Seasons Self Storage
The owner of a property within 500 feet of yours is interested in developing a climate-
controlled storage facility at the corner of Carolina Beach Road and St. Andrews Drive.
This proposal would require a modification of the existing Conditional Zoning District
approval from New Hanover County that proposed a movie theater.
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. An exhibit of the plan layout and surrounding area is attached.
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 Tuesday, May 31st, at the offices of Design Solutions, 107
Stokley Drive, Unit 104, 5:30 – 6:30 p.m. If you cannot attend, you are also welcome to
contact me at telephone # 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.
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Planning Board - July 7, 2016
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Planning Board - July 7, 2016
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: July 7, 2016
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planning & Zoning
Supervisor
CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning/Inspections
Director
SUBJECT:
Public Hearing
Special Use Permit Request (S-630, 7/16) – Request by Hellman, Yates, & Tisdale for Optima Towers
IV, applicant, on behalf of the property owner, Home Life, Inc., for a special use permit for a
telecommunications tower on a 0.80 acre parcel located at 2020 Corporate Drive.
BRIEF SUMMARY:
Hellman, Yates, and Tisdale, attorneys and counselors at law, are petitioning on behalf of Optima Towers IV
to develop a 185’ monopole-style wireless communications facility at 2020 Corporate Drive, in the
Northchase commerce park on a site owned by Home Life, Inc.
The request for this telecommunications tower is spurred by the decommissioning and removal of an existing
water tower at 2607 SE Northchase Parkway, approximately 1,200’ from the subject site. The water tower
currently hosts a number of telecommunications antennas, and the proposed tower will provide a new
structure to host antennas to provide service to the area. The tower is designed to accommodate at least 5
additional wireless communications providers to collocate their antennas on the tower.
Due to the very low trip generation that would be realized from the proposed use, a Traffic Impact Analysis
(TIA) is not required.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff has conducted an analysis of the proposed use and the information provided as part of the application
package, in addition to supplemental information provided by the applicant, and has created preliminary
findings of fact to support each of the conclusions required to be reached to approve the special use permit
ITEM: 4
Planning Board - July 7, 2016
request. These preliminary findings of fact and conclusions are based solely on the information provided to
date, prior to any information or testimony in support or opposition to the request that may be presented at
the upcoming public hearing at the July 7, 2016 Planning Board meeting. Staff concludes that based on the
information presented with the application and supplemental correspondence, the four required conclusions
could be met to approve the special use permit request.
ACTION NEEDED (Choose one):
1.Motion to recommend approval (with or without conditions)
2.Motion to table the item in order to receive additional information or documentation (Specify).
3.Motion to recommend denial based on specific findings in any of the 4 categories above, such as
lack of consistency with adopted plans or determination that the project will pose public
hazards or will not adequately meet requirements of the ordinance.
ATTACHMENTS:
S-630 Script for PB
S-630 Petition Summary
S-630 Staff Summary
S-630 Neighbor Properties Map
S-630 Zoning Map
S-630 Water-Sewer Map
S-630 CAMA Map
Applicant Materials Cover Page
S-630 Application
S-630 Cover Page
S-630 Cover Letter
S-630 Tab 1 - Tax Map
S-630 Tab 2 - Site Survey
S-630 Tab 3 - Adj Prop Owners and Uses
S-630 Tab 4 - Traffic Impact Worksheet
S-630 Tab 5 - Site Plans and Drawings
S-630 Tab 6 - Agent Authorization Appointment
S-630 Tab 7 - ANSI and Fall Zone Letter
S-630 Tab 8 - Photo Simulations
S-630 Tab 9 - Coverage Analysis and Search Ring
S-630 Tab 10 - FAA Filing
S-630 Tab 10 - FAA Filing Addendum
S-630 Tab 11 - Compliance Letter
ITEM: 4
Planning Board - July 7, 2016
SCRIPT FOR Special Use Permit (S-630, 07/16)
Request by Hellman, Yates, & Tisdale for Optima Towers IV, applicant, on behalf of the
property owner, Home Life, Inc., for a special use permit for a telecommunications tower on a
0.80 acre parcel located at 2020 Corporate Drive.
1. Swear witnesses.
2. This is a public hearing. We will hear a presentation from staff. Then the applicant and
any opponents will each be allowed 15 minutes for their presentation and additional 5
minutes for rebuttal.
3. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
4. Close the Public Hearing
5. Planning Board discussion
6. A Special Use Permit which is denied may only be resubmitted if there has been a
substantial change in the facts, evidence, or conditions of the application as determined
by the Planning Director. At this time, you may ask to either continue the application to
a future meeting, or to proceed with this Board deciding whether to grant or deny the
application. What do you wish to do?
7. Ask Applicant whether he/she agrees with staff findings and any proposed conditions.
8. Vote on a recommendation for the special use permit.
Motion to recommend approval of the permit - All findings are positive.
Motion to recommend approval of the permit, subject to conditions specified
below:
(State Conditions)
____________________________________________________________________
____________________________________________________________________
- 1 - 1ITEM: 4
Planning Board - July 7, 2016
Motion to recommend denial of the permit because the Board cannot find:
a. That the use will not materially endanger the public health or safety if located
where proposed for the following reason:
_________________________________________________________________
_________________________________________________________________
b. That the use meets all required condition and specifications:
_________________________________________________________________
_________________________________________________________________
c. That the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity:
_________________________________________________________________
_________________________________________________________________
d. That the location and character of the use if developed according to the plan
submitted and approved will be in harmony with the area in which it is located
and is in general conformity with the plan of development for New Hanover
County:
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
- 1 - 2ITEM: 4
Planning Board - July 7, 2016
S-630, 07/16 Page 1 of 1
Case S-630, (07/16)
Special Use Permit to develop a telecommunications tower in a PD, Planned Development zoning district
Petition Summary Data
Parcel Location & Acreage: 2020 Corporate Drive; 0.80 acres
Petitioner/Owner: Hellman, Yates, and Tisdale for Optima Towers IV
Existing Land Use: Vacant
Zoning History: PD, Planned Development as of 1985
2006 CAMA Plan
Land Classification: Transition
2016 Comprehensive
Land Use Plan Place Type: Employment Center
Water Type: Public service available
Sewer Type: Public service available
Recreation Area: Castle Hayne Northern Regional Park
Access: Direct access to Corporate Drive; NCDOT driveway permit needed
Fire District: New Hanover County North
Watershed & Water Quality
Classification: Smith Creek (C;Sw)
Conservation/Historic/
Archaeological Resources: None known
Soils and Septic Suitability: Seagate Fine Sand (Se) – Severe: Wetness
Leon Sand (Le) – Severe: Wetness
Schools: Castle Hayne and Eaton Elementaries, Trask Middle, Laney High
- 2 - 1ITEM: 4
Planning Board - July 7, 2016
S-630 (7/16) Page 1 of 7
SPECIAL USE PERMIT REQUEST
Planning Board Meeting
July 7, 2016
CASE: S-630
PETITIONER: Hellman, Yates, and Tisdale for Optima Towers IV
REQUEST: Special Use Permit to develop a telecommunications tower in a PD, Planned
Development zoning district
ACREAGE: 0.80 acres
LOCATION: 2020 Corporate Drive
PID: R02620-003-041-000
2006 CAMA LAND CLASS: Transition
2016 COMPREHENSIVE LAND USE PLAN PLACE TYPE: Employment Center
EXISTING CONDITIONS:
Existing Zoning and Land Uses
The site is zoned PD, Planned Development, and classified as commercial/office/light industrial by the
master plan for this section of Northchase, which was approved when the property was rezoned to PD in
1985. Light industrial uses predominate the area, including adjacent to the south of the subject site, and
across Corporate Drive from the site. Adjacent to the north of the site is a stormwater management
feature. Olsen Park, a public active recreation area, abuts the subject property to the east. Laney High
and Trask Middle schools are in the vicinity to the west of the site. The nearest residential uses are
approximately 1,600’ to the northwest of the site on SE Northchase Parkway, which are within 500’ of
the water tower hosting the existing antennas.
- 3 - 1ITEM: 4
Planning Board - July 7, 2016
S-630 (7/16) Page 2 of 7
Existing Site Conditions
The subject property is currently vacant, and is mostly cleared except for the rear (east) of the property
which is encumbered by a drainage easement and remains vegetated.
Conservation, Historic, and Archaeological Resources
The subject property does not host any known conservation, historic, or archaeological resources.
PETITIONER’S REQUEST:
Hellman, Yates, and Tisdale, attorneys and counselors at law, are petitioning on behalf of Optima
Towers IV to develop a 185’ monopole-style wireless communications facility at 2020 Corporate Drive, in
the Northchase commerce park on a site owned by Home Life, Inc.
The request for this telecommunications tower is spurred by the decommissioning and removal of an
existing water tower at 2607 SE Northchase Parkway, approximately 1,200’ from the subject site. The
water tower currently hosts a number of telecommunications antennas, and the proposed tower will
provide a new structure to host antennas to provide service to the area. The tower is designed to
accommodate at least 5 additional wireless communications providers to collocate their antennas on
the tower.
STAFF POSITION:
Zoning and Subdivision Ordinance Considerations
The Planned Development zoning district was created in the zoning ordinance to foster the mixing of
various land uses to realize a number of benefits including unified and compatible development
between land uses for the benefit of all County residents. As with the county’s other zoning districts,
certain uses are permitted in the PD zoning district by special use permit through high standards of
planning and design, as well as the potential for conditions, in order to minimize any negative effects
that a particular use may have on the surrounding area. Four conclusions must be met supported by
findings of fact as part of the approval process for a special use permit.
A conceptual site plan is included as part of the application. If this application is approved, the property
must be developed in accordance with the site plan. Further, the proposed development must also go
- 3 - 2ITEM: 4
Planning Board - July 7, 2016
S-630 (7/16) Page 3 of 7
through the County’s site plan/building permit review process. The process includes the review of the
technical standards of the County’s development regulations, including landscaping, fire services
delivery, stormwater, and sediment and erosion control.
Traffic
Trip generation from the proposed use will be very minimal with only routine maintenance visits
necessary after the tower is constructed. A Traffic Impact Analysis (TIA) is not required for the
development due to the low trip generation realized from the proposal.
Corporate Drive is a public road (SR 2653) and is classified as a local street by NCDOT, and is functioning
at a high level of service based on its design capacity and existing volume. Traffic counts were
conducted at the entrance to Olsen Park in February 2014, showing an average daily trip count of 307
trips with a capacity of approximately 1,000 and yielding a volume-to-capacity ratio of 0.31 and a Level
of Service of “A”. The new use would require a driveway permit from NCDOT.
Environmental
The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas.
Based on the Soil Survey of New Hanover County, the soils on site are Leon sand and Seagate fine sand.
The topography of the site is relatively flat and drains to the north to the retention pond and east to the
drainage easement that feeds towards Smith Creek.
2006 CAMA Land Use Plan Considerations
The site is classified as Transition by the 2006 CAMA Land Use Plan. The purpose of the Transition class
is to provide for future intensive urban development on lands that have been or will be provided with
necessary urban services. The location of these areas is based upon land use planning policies requiring
optimum efficiency in land utilization and public service delivery.
2016 Comprehensive Land Use Plan Considerations
The County is nearing adoption of a new comprehensive land use plan. The current draft of the new
Comprehensive Plan classifies the area of the property subject to development as Employment Center
on the Future Land Use Map.
- 3 - 3ITEM: 4
Planning Board - July 7, 2016
S-630 (7/16) Page 4 of 7
The Employment Center place types serve as employment and production hubs, with office and light
industrial uses predominating. Densities are dependent in part on the type of industries located here;
office uses can be multi-story and nearer the street, while light industrial uses will likely be one story
with large setbacks and ample room for trucks and other large vehicles. Employment Centers can also
include residential, civic, and recreational uses, but should be clearly delineated from rural and
conservation areas. Commercial uses designed to serve the needs of the employment center are
appropriate. Employment Centers require arterial or major collector road access connecting them to
areas outside their boundaries
GENERAL INFORMATION REGARDING SPECIAL USE PERMITS:
Special use permits add flexibility to the Zoning Ordinance. Subject to high standards of planning and
design, certain property uses may be allowed in the several districts where these uses would not
otherwise be acceptable. By means of controls exercised through the special use permit procedures,
property uses which would otherwise be undesirable in certain districts can be developed to minimize
any bad effects they might have on surrounding properties.
Any use or development designated by applicable zoning district regulations as a special use, or as
allowed only pursuant to a special use permit, may be established in that district only after the use or
development is authorized by a validly issued special use permit.
The applicant bears the burden of presenting sufficient evidence in support of the application to allow
the Planning Board, after weighing such evidence against that presented in opposition to the
application, to make findings of fact that reasonably support each of the required conclusions. If that
burden is met, the Planning Board should recommend to the Board of Commissioners to approve the
application. If that burden is not met, the Planning Board should recommend denial of the application,
provided that if the Planning Board determines that specific minor changes or additions to, or
restrictions on, the proposed development are necessary and sufficient to overcome impediments to its
reaching the required conclusions, it may recommend approval of the application subject to reasonable
conditions requiring such changes or additions or imposing such restrictions. Such conditions may
include time limits for completion of development or for the start or end of certain uses or activities.
- 3 - 4ITEM: 4
Planning Board - July 7, 2016
S-630 (7/16) Page 5 of 7
The Planning Board may continue the hearing to a later meeting to accommodate additional witnesses
or the presentation of additional testimony or evidence. If the time and place of the continued hearing is
announced in open session during the hearing, no further notice need be given for the continued
hearing.
A motion to recommend approval of the application must state the required conclusions and include
findings of fact on which the conclusions are based, plus any proposed conditions of approval. The
favorable vote of the majority of Planning Board members present is necessary to pass such a motion. A
motion to recommend denial of the application must state which of the required conclusions cannot be
reached and include findings of fact on which the inability to reach the conclusions is based. The
favorable vote of a majority of Planning Board members present is necessary to pass such a motion.
Upon receiving the recommendations of the Planning Board and holding a public hearing, the Board of
Commissioners may grant or deny the special use permit request.
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACTS:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact to support each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of fact
and conclusions are based solely on the information provided to date, prior to any information or
testimony in support or opposition to the request that may be presented at the upcoming public hearing
at the July 7, 2016 Planning Board meeting.
Finding 1: The Board must find that the use will not materially endanger the public health or safety
where proposed and developed according to the plan as submitted and approved.
A. Water and sewer infrastructure and capacity are available to serve the site, but not necessary
for the proposed use.
B. The subject property is located in the New Hanover County North Fire Service District.
C. Access to the tower site will be provided by a driveway from Corporate Drive, a public road.
D. The subject site does not host any known cultural or archaeological resources.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially
endanger the public health or safety where proposed.
Finding 2: The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. Telecommunication Communication Facilities, Cellular, and Related Towers are allowed by
Special Use Permit in the Planned Development (PD) zoning district provided that the project
meets the Standards of Section 63.5-1 of the Zoning Ordinance.
B. Section 63.5-1(A) requires that the setback from any existing residential property line or
residential zoning district boundary for any tower, antenna, or related structure in any zoning
district be a distance equal to the height of the tower as measured from the base of the tower.
The location of the proposed 185’ tall tower is approximately 190’ feet the eastern property
line, which abuts R-15 residential zoning, meeting the setback requirement of Section 63.5-1(A).
C. Section 63.5-1(B)1 requires that the minimum distance between the tower and any other
adjoining parcel of land or road must be equal to the minimum setback of 50’ described in
- 3 - 5ITEM: 4
Planning Board - July 7, 2016
S-630 (7/16) Page 6 of 7
Section 63.5-1(A), plus any additional distance necessary to ensure that the tower, as designed,
will fall within the tower site. The proposed location complies with this provision, and no
evidence has been submitted suggesting that additional distance is necessary.
D. Section 63.5-1(B)2 requires the applicant to submit photographs and statements as to the
potential visual and aesthetic impacts on all adjacent residential zoning districts. Information
provided in Tab 8 of the application binder suffices this requirement.
E. Section 63.5-1(C) requires a landscaped buffer with a base width not less than 25 feet and
providing 100% opacity, in addition to a minimum 8 ft. tall fence surrounding the tower base.
The proposed plans suffice this requirement.
F. Section 63.5-1(D) requires that applicants seeking construction of new towers, antennas, and
related structures demonstrate through submitted written evidence that collocation on any
existing tower, antenna, or usable structure in the search area for the new tower is not
reasonable or possible. A report found in Tab 9 of the application binder meets this
requirement.
G. Section 63.5-1(E) requires that towers over 150’ tall be engineered to accommodate a minimum
of two additional providers. Evidence has been submitted demonstrating that this requirement
has been met, and a Collocation Certification was also submitted by the applicant.
H. Section 63.5-1(F) requires certification that the construction or placement of the proposed
facility complies with several federal regulations. An FCC Compliance Assessment has been
submitted and demonstrates compliance with the federal regulations mentioned in Section
63.5-1(F).
I. Section 63.5-1(I) regulates the signage allowed on the tower and related equipment. The
signage proposed is compliant with this ordinance provision.
J. Section 63.5-1(J) prohibits the storage of equipment, hazardous waste, or materials not needed
for the operation, prohibits outdoor storage yards in a tower equipment compound, and
prohibits habitable space within the compound area. The applicant’s proposal complies with
this ordinance section.
K. Section 63.5-1(L) requires that, when the proposed tower site is within 10,000 feet of an airport
or within any runway approach zone, the applicant submit Form 7460 to the Federal Aviation
Administration (FAA) to assure compliance with all FAA standards. An FAA Aeronautical
Evaluation was included with the application (Tab 10) and indicates that the site and proposal is
in compliance with FAA regulations.
Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the
required conditions and specifications of the Zoning Ordinance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. The location of the proposed telecommunications tower is within an area designated for a
mixture of uses, including commercial, office, and light industrial uses.
B. The closest residential uses are approximately 1,600 feet away from the site proposed for the
telecommunications tower.
C. Predominate land uses in the immediate vicinity of the subject site are light industrial uses as
well as Olsen Park, a public recreation area.
D. A 25’ wide buffer surrounding the tower base will provide visual screening for future
development.
- 3 - 6ITEM: 4
Planning Board - July 7, 2016
S-630 (7/16) Page 7 of 7
E. No evidence has been submitted that this project will decrease the property values of adjacent
or nearby properties.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
Finding 4: The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be located and
in general conformity with the plan of development for New Hanover County.
A. The subject site is in an area primarily used for light industrial uses, with some residential uses
approximately 1,600’ away.
B. The site is classified as Transition by the 2006 CAMA Land Use Plan; the purpose of the
Transition class is to provide for future intensive urban development on lands that have been or
will be provided with necessary urban services.
C. The site is classified as an Employment Center place type by the draft 2016 Comprehensive Land
Use Plan; these areas are meant to serve as employment and production hubs with office and
light industrial uses predominating.
D. The proposed telecommunications tower is consistent with the land use classification of
Transition from the 2006 CAMA land use plan and the Employment Center place type from the
2016 Comprehensive Land Use Plan.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is in general
conformity with the plan of development for New Hanover County.
_____________________________________________________________________________________
ACTION NEEDED (Choose one):
1. Motion to recommend approval (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation
(Specify).
3. Motion to recommend denial based on specific findings in any of the 4 categories above, such
as lack of consistency with adopted plans or determination that the project will pose public
hazards or will not adequately meet requirements of the ordinance.
- 3 - 7ITEM: 4
Planning Board - July 7, 2016
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IDPhysical Address12037 CORPORATE DR 22033 CORPORATE DR 32048 CORPORATE DR 42016 CORPORATE DR 52012 CORPORATE DR 62045 2 CORPORATE DR 72501 NORTHCHASE PKY SE82507 NORTHCHASE PKY SE02020 CORPORATE DR 92031 CORPORATE DR 102025 CORPORATE DR 112007 CORPORATE DR 122004 CORPORATE DR 132021 CORPORATE DR 142049 CORPORATE DR 152008 CORPORATE DR 162041 A CORPORATE DR 175510 OLSEN PARK LN
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Indicates Conditional Use District (CUD)
Indicates Conditional Zoning District (CZD)
Incorporated Areas SHOD
Case:
Special UsePermit
Request:
S-630
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
2020 Corporate Dr PD/Undeveloped PD/Telecommunication Tower
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Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information
S-630
Sewer Collector
Water Distribution Main
Urban Services Area MARKET ST
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Case:
Special UsePermit
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S-630
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
2020 Corporate Dr PD/Undeveloped PD/Telecommunication Tower
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CAMA Classifications
Conservation Area
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!
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!!!!!!!!!!!
!
!
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!!!!!!!!!!!
Case SiteNeighboring Parcels
Case:
Special UsePermit
Request:
S-630
Existing Zoning/Use: Proposed Zoning/Use:Site Address:
2020 Corporate Dr PD/Undeveloped PD/Telecommunication Tower
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APPLICANT
MATERIALS
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Planning Board - July 7, 2016
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- 16 - 5ITEM: 4 Planning Board - July 7, 2016
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- 21 - 2ITEM: 4
Planning Board - July 7, 2016
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX76177
Aeronautical Study No.
2016-ASO-10991-OE
Prior Study No.
2016-ASO-8715-OE
Page 1 of 5
Issued Date: 06/27/2016
Keith Powell
Optima Towers IV, LLC
P.O. Box 2041
Mt. Pleasant, SC29465
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Antenna Tower NC-1031-A Northchase
Location:Wilmington, NC
Latitude:34-18-05.08N NAD 83
Longitude:77-52-05.50W
Heights:33 feet site elevation (SE)
192 feet above ground level (AGL)
225 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 L.
This determination expires on 12/27/2017 unless:
(a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b)extended, revised, or terminated by the issuing office.
(c)the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
- 22 - 1ITEM: 4
Planning Board - July 7, 2016
Page 2 of 5
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates , heights,
frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration , including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the
structure is subject to their licensing authority.
If we can be of further assistance, please contact our office at (817) 222-5933. On any future correspondence
concerning this matter, please refer to Aeronautical Study Number 2016-ASO-10991-OE.
Signature Control No: 290462936-296865933 ( DNE )
Andrew Hollie
Specialist
Attachment(s)
Frequency Data
Map(s)
cc: FCC
- 22 - 2ITEM: 4
Planning Board - July 7, 2016
Page 3 of 5
Frequency Data for ASN 2016-ASO-10991-OE
LOW
FREQUENCY
HIGH
FREQUENCY
FREQUENCY
UNIT ERP
ERP
UNIT
698 806 MHz 1000 W
806 824 MHz 500 W
824 849 MHz 500 W
851 866 MHz 500 W
869 894 MHz 500 W
896 901 MHz 500 W
901 902 MHz 7 W
930 931 MHz 3500 W
931 932 MHz 3500 W
932 932.5 MHz 17 dBW
935 940 MHz 1000 W
940 941 MHz 3500 W
1850 1910 MHz 1640 W
1930 1990 MHz 1640 W
2305 2310 MHz 2000 W
2345 2360 MHz 2000 W
- 22 - 3ITEM: 4
Planning Board - July 7, 2016
Page 4 of 5
TOPO Map for ASN 2016-ASO-10991-OE
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Planning Board - July 7, 2016
Page 5 of 5
Sectional Map for ASN 2016-ASO-10991-OE
- 22 - 5ITEM: 4
Planning Board - July 7, 2016
- 23 - 1ITEM: 4
Planning Board - July 7, 2016
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: July 7, 2016
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planning & Zoning
Supervisor
CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning/Inspections
Director
SUBJECT:
Public Hearing
Zoning Ordinance Amendment Request (A-424, 7/16) – Request by Planning Staff to amend the
Zoning Ordinance to update references to the 2006 CAMA Land Use Plan to coincide with the
Comprehensive Land Use Plan.
BRIEF SUMMARY:
New Hanover County Planning Staff has drafted a text amendment to serve as a “bridging ordinance” from
when the county’s comprehensive land use plan is adopted until the adoption of unified development
ordinance (UDO). Detailed and robust discussions involving a diverse set of stakeholders will take place
during the UDO project; however, this text amendment is necessary at this time to provide continued
administration of the county’s zoning ordinance until the UDO is adopted.
Because the Zoning Ordinance will remain the county’s effective land development ordinance until a new
development ordinance is created and adopted, the existing references to the 2006 CAMA Land Use Plan
must be removed and replaced with references to the place types within the comprehensive land use plan or
other designations as appropriate.
The changes in the draft amendment are intended to maintain the spirit and intent of existing regulations until
more detailed conversations can take place during the creation of the UDO. However, the changes proposed
are stepping stones towards the increased opportunities for intelligent land use and growth woven throughout
the county’s new comprehensive land use plan.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff Suggested Motion:
ITEM: 5
Planning Board - July 7, 2016
Motion to recommend approval of the amendment as presented by Staff, as the Planning Board finds that this
request as described is:
1. Consistent with the purposes and intent the 2016 Comprehensive Land Use Plan, as the amendment is
necessary to allow continued administration of land use regulations to facilitate intelligent growth and
economic development in the county.
2. Reasonable and in the public interest as the amendment allows for uninterrupted administration of the
county’s Zoning Ordinance in a manner consistent with the spirit and intent of the existing regulations.
ATTACHMENTS:
A-424 PB Script
A-424 Staff Summary
ITEM: 5
Planning Board - July 7, 2016
SCRIPT FOR Zoning Ordinance Text Amendment (A-424, 7/16)
Request by Planning Staff to amend the Zoning Ordinance to update references to the 2006 CAMA
Land Use Plan to coincide with the Comprehensive Land Use Plan.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for
rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Planning Boards discussion
5. Vote on the text amendment request. The motion should include a statement saying how the
amendment is or is not consistent with the land use plan and why it is or is not reasonable and in
the public interest.
Staff Suggested Motion:
Motion to recommend approval of the amendment as presented by Staff, as the Planning Board
finds that this request as described is:
1. Consistent with the purposes and intent the 2016 Comprehensive Land Use Plan, as the
amendment is necessary to allow continued administration of land use regulations to facilitate
intelligent growth and economic development in the county.
2. Reasonable and in the public interest as the amendment allows for uninterrupted
administration of the county’s Zoning Ordinance in a manner consistent with the spirit and intent
of the existing regulations
- 1 - 1ITEM: 5
Planning Board - July 7, 2016
A-424, (07/16) Page 1 of 10
ZONING ORDINANCE AMENDMENT REQUEST
CASE: A-424, 07/16
PETITIONER: Planning Staff
REQUEST: Amend the Zoning Ordinance to update references to the 2006 CAMA Land Use Plan to
coincide with the adoption of the Comprehensive Land Use Plan
BACKGROUND AND SUMMARY:
In concert with the adoption of PlanNHC, the county’s comprehensive land use plan, the Zoning Ordinance
must be updated to remove references to the 2006 CAMA Land Use Plan (’06 Plan). Because the Zoning
Ordinance will remain the county’s effective land development ordinance until a new development
ordinance is created and adopted, the existing references to the 2006 CAMA Land Use Plan must be
removed and replaced with references to the place types within the comprehensive land use plan or other
designations as appropriate.
In anticipation of detailed discussions involving diverse stakeholders about updating the county’s land
development regulations, Staff approached this effort with the ambition of not making any fundamental
changes to the regulatory concepts in the Zoning Ordinance that are currently guided by references to the
2006 CAMA Land Use Plan.
However, the differences in the land use classifications from the 2006 CAMA Land Use Plan and the place
types in the Comprehensive Land Use Plan created a challenge in approaching some of the land use plan
references, particularly the Conservation land use classification from the 2006 CAMA Land Use plan that
includes areas within the 100 year flood zone (AE and VE special flood hazard areas) and CAMA Estuarine
Areas of Environmental Concern (AECs).
The land use plan references in the Zoning Ordinance often guide density. In updating the 2006 CAMA
Land Use Plan references, Planning Staff analyzed the density guidance specified for the place types in the
Comprehensive Land Use Plan and have made recommendations for what place types or other
designations would be most appropriate to maintain the spirit of the regulation while also making a step
towards the guidance set forth in PlanNHC.
In summary, the recommended changes are harmonious with the existing development strategies within
the Zoning Ordinance, while simultaneously reflecting the visions for new opportunities created with
PlanNHC.
- 2 - 1ITEM: 5
Planning Board - July 7, 2016
A-424, (07/16) Page 2 of 10
Red and Underline/Strikethrough – Staff’s Proposed Additions/Deletions
Section 50: Establishment of Use District; Table of Permitted Uses 1
2
Permitted Uses PD
R
20S
R
20
R
15
R
10
R
7
B
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B
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High Density
Development (3/22/82)
Permitted only within
Urban or Transition
Area
Employment Center,
Urban Mixed Use, or
Community Mixed Use
Place Types (2/16/87,
10/11/95)
P S S S S
Note 1: High Density Development projects are currently only permitted in areas classified as Urban
or Transition. These were areas identified in the 2006 CAMA Land Use Plan as either having or are
planned to have urban services available to concentrate intensive urban development. These two land
use classifications also correlated with the concept of the Urban Services Boundary, which was another
tool of the ’06 Plan to limit development sprawl.
Staff recommends High Density Development projects be limited to the Employment Center, Urban
Mixed Use, and Community Mixed Use place types only, as these place types call for moderate to high
densities for residential uses. The Employment Center and Community Mixed Use place types both
specify 12 to 15 dwelling units per acre (du/a) as the ideal density range for multifamily residential.
The remainder of the place types are not appropriate for High Density Development. Residential
development is not encouraged in the Commerce Zone or Conservation place types. Very low density
is appropriate for Rural Residential, and 2 to 6 du/a is the ideal density for General Residential which
could be achieved through a rezoning to R-7.
- 2 - 2ITEM: 5
Planning Board - July 7, 2016
A-424, (07/16) Page 3 of 10
3
Section 51.1: Regulations Applicable to the Following Residential Districts 4
51.1-2: Performance Residential: In addition to the density limit established in the applicable zone, all 5
Performance Residential Development shall comply with the following regulations: 6
(11) In calculating the density for a proposed development, the following areas shall first be subtracted 7
from the gross area of land to be committed to development. In lieu of subtracting Dorovan, 8
Johnston, and Pamlico soils, the developer may choose to preserve 100% of such areas as 9
conservation space. Such designation shall follow the requirements of Section 55.1-4(4) Methods 10
of Conservation Space Preservation with all improvements limited to Section 55.1-4(3) 11
Improvements. 12
13
(A) all natural lakes, ponds, rivers, or marshes; and, 14
(B) all areas of Class IV soils as defined in A Classification of Soils in New Hanover 15
County for Septic Tank Suitability. All calculations shall be rounded to the nearest 16
whole unit. (1/4/84)(9/6/94) 17
(C) Residential units shall not be clustered at a density greater than 2.5 units per net 18
tract acre in areas classified Rural Residential place type, Conservation place type, 19
AE or VE special flood hazard areas, or CAMA Estuarine Areas of Environmental 20
Concern, Conservation, Rural or Resource Protection in the Wilmington - New 21
Hanover Land-Use Plan, except under the following circumstances. If a 22
development encompasses Rural Residential place type, Conservation place type, 23
AE or VE special flood hazard areas, or CAMA Estuarine Areas of Environmental 24
Concern, Resource Protection or Rural areas, and Conservation areas, then 25
Permitted Uses PD
R
20S
R
20
R
15
R
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R
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Mobile Home Park
(Density shall not
exceed 2.5 Units
beyond Urban
Transition area
Employment Center,
Urban Mixed Use, or
Community Mixed Use
Place Types) (2/16/87,
10/11/95)
P S S S S
Note 2: Currently, the density for areas of Mobile Home Parks that fall outside of the Urban or
Transition land use classes is limited at 2.5 du/a. Staff recommends maintaining the 2.5 du/a density
cap for areas of Mobile Home Parks that are not classified as Employment Center, Urban Mixed Use,
or Community Mixed Use.
- 2 - 3ITEM: 5
Planning Board - July 7, 2016
A-424, (07/16) Page 4 of 10
density may exceed 2.5 units per acre in the areas of the site outside of the AE or 26
VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern, 27
the Resource Protection or Rural area, provided the number of units in the AE or 28
VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern 29
the Conservation area is reduced by an equal amount. At no time shall any portion 30
of the project designated as AE or VE special flood hazard areas, CAMA Estuarine 31
Areas of Environmental Concern, Rural Residential place type, or Conservation 32
place type classified conservation exceed the 2.5 units/acre limitation, nor shall 33
the overall density of the project exceed the limits specified in the respective 34
residential zoning districts. For the purposes of this section, the conservation area 35
shall include all lands following their natural topography that are at or below the 36
100 year flood elevation as shown on the Flood Insurance Rate Map and upland 37
of any marsh line. (2/16/87)(10/99) 38
Section 51.8: R-7 Medium Density Development 39
Purpose: The purpose of this section is to encourage medium density development in General Residential, 40
Community Mixed Use, and Employment Center place types Urban and Transition areas where adequate 41
services are available. The district will allow greater variety of housing types provided that environmental 42
impacts are minimized and adequate open space is provided. 43
Section 52.2: B-2 Highway Business District 44
52.2-4: Dimensional Requirements: 45
46
(4) Maximum Building Height - 40 feet; except that buildings located within the Employment Center, 47
Community Mixed Use, Urban Mixed Use, or Commerce Zone place types Urban Transition Area 48
and fronting along a collector, Minor Arterial or Principal Arterial as indicated on the County's 49
Thoroughfare Classification Plan, may exceed 40 feet provided their FAR does not exceed 1.0 50
(2/7/83) (10/5/95) 51
Note 3: Section 51.1-2(11) prescribes how density is calculated for Performance Residential projects.
Subsection (C) currently allows for a transfer of units from a portion of a project that is classified as
Conservation, Rural, or Resource Protection by the ’06 Plan to other areas of the project outside of
those land use classifications. In the 2006 CAMA Plan, AE and VE Special Flood Hazard Areas and
CAMA Estuarine AECs were included in the Conservation land use classification. Staff recommends
applying the 2.5 du/a density cap to areas designated as AE or VE special flood hazard areas, CAMA
Estuarine AECs, and the Conservation and Rural Residential place types, and updating the references
to allow the transfer of units from only the areas of the site designated as AE/VE SFHAs or CAMA
Estuarine AECs to other portions of the site outside of these areas.
Note 4: Section 51.8 describes where the R-7 Medium Density Development residential zoning district
is appropriate, which is currently Urban and Transition areas. Staff recommends updating the
references to General Residential, Community Mixed Use, and Employment Center based on the
guidance for density and land use types. Residential uses are not encouraged in the Commerce Zone
or Conservation place types. The density attainable through R-7 is too high for Rural Residential, and
too low for Urban Mixed Use.
- 2 - 4ITEM: 5
Planning Board - July 7, 2016
A-424, (07/16) Page 5 of 10
Section 53.2: I-1 Light Industrial 52
(4) Maximum Building Height - Forty (40) feet except for buildings located within the Employment 53
Center or Commerce Zone place types Urban Transition Area and fronting along a Collector, Minor 54
Arterial, or Principal Arterial as indicated on the Wilmington Metropolitan Planning Organization’s 55
most current Roadway Functional Classification Map, may exceed forty (40) feet provided their 56
FAR does not exceed 1.0. (2/7/83) 57
Section 54: Mixed Use Districts 58
54.1: Exceptional Design Zoning District (EDZD) 59
54.1-2: Applicability – Areas classified as Rural Residential place type, Conservation place type, AE or VE 60
special flood hazard areas, or CAMA Estuarine Areas of Environmental Concern Conservation on the 61
current CAMA Land Classification Map are not eligible for residential density greater than 2.5 units per 62
acre, and such acreage, with the exception of area within the Rural Residential place type, must be 63
subtracted from the acreage upon which density on other portions of the district is calculated. All other 64
areas of the unincorporated planning jurisdiction for New Hanover County are eligible for the EDZD. 65
54.2 Planned Development (PD) District 66
54.2-2: District Regulations: 67
(2) Maximum Building Height - The maximum building height for residential, commercial, and office 68
and institutional structures shall be forty (40) feet; except that the maximum height for 69
buildings located within the Urban Mixed Use, Community Mixed Use, or Employment Center 70
place types urban or transition area as indicated on the County's Land Classification Map and 71
Note 6: Section 53.2 prescribes a 40’ building height maximum for buildings in the I-1 Light Industrial
zoning district, unless the site is within the Urban or Transition areas and meet other criteria. Staff
recommends updating the references to Employment Center and Commerce Zone due to the
appropriateness of the light industrial zoning district and uses in these two place types.
Note 7: 54.1-2 sets a density cap of 2.5 du/a for areas of an EDZD project that is currently classified
as Conservation by the ’06 Plan. Staff recommends maintaining the 2.5 du/a density cap for areas of
an EDZD project that are designated as Rural Residential place type, Conservation place type, AE or VE
special flood hazard areas, or CAMA Estuarine Areas of Environmental Concern. The revised language
also would require that areas of an EDZD site designated as Conservation place type, AE or VE special
flood hazard area, or CAMA Estuarine AEC must be subtracted from the gross site acreage when
calculating density for the EDZD project.
Note 5: Section 52.2-4 describes the maximum building height for the B-2 zoning district, and allows
this maximum to be exceeded in Urban and Transition areas when certain criteria are met. Staff
recommends changing these references to the Employment Center, Community Mixed Use, Urban
Mixed Use, and Commerce Zone place types based on the building height guidance provided by the
place type cut sheets. Appropriate nonresidential uses are limited in the General Residential and Rural
Residential place types, and Staff recommends the applying the 40’ building height maximum in B-2
zoning that may occur in General Residential and Rural Residential place types.
- 2 - 5ITEM: 5
Planning Board - July 7, 2016
A-424, (07/16) Page 6 of 10
fronting along a collector, minor arterial or principal arterial as indicated on the Wilmington 72
Urban Area MPO functional classification map shall be eighty (80) feet. (10/5/95) (8/1/11) 73
(6) Maximum Density: (1/2/90) 74
(A) Allowable density shall be determined by the Site Capacity Standards for High Density 75
Development as authorized in Section 72-43 of this Ordinance, except that land intended 76
for commercial, office and institutional, and industrial uses shall also be subtracted from 77
the gross site area. The residential density factor of the PD district shall be 4.25 dwelling 78
units per acre if the PD shall be located within the Urban Mixed Use, Community Mixed 79
Use, General Residential, or Employment Center place types Urban or Transition area. 80
The residential density factor of the PD district shall be 2.5 dwelling units per base site 81
acre if the PD shall be located beyond the Urban or Transition area. (10/5/95) 82
(B) Residential units shall not be allowed at a density greater than 2.5 units per acre in the 83
AE and VE special flood hazard areas and CAMA Estuarine Areas of Environmental 84
Concern. areas classified Rural, Conservation, or Resource Protection in the Wilmington - 85
New Hanover Land-Use Plan. In cases where a Planned Development includes Rural or 86
Resource Protection areas, and Conservation areas, then density may exceed 2.5 units 87
per acre in the Resource Protection or Rural area, provided the number of units in the 88
Conservation area is reduced by an equal amount. (2/16/87) 89
Note 8: Staff recommends changing the references for where a building height may exceed 40’ in the
PD district from the ’06 Plan classifications of Urban and Transition areas to the Urban Mixed Use,
Community Mixed Use, and Employment Center place types based on the building height guidance on
the place type cut sheets.
Note 9: Section 54.2-2(6) dictates how residential density is determined for PD projects by referring to the
calculation procedure in the High Density Development section of the ordinance. To calculate density, the
“base site area” is multiplied by a density factor. Currently, for areas within the Urban or Transition land
use classifications from the ’06 Plan, the density factor is 4.25 units/acre. Staff recommends changing these
references to the Urban Mixed Use, Community Mixed Use, General Residential, and Employment Center
place types, as such a density is appropriate in them.
Additionally, this section (as well as 72-43(D)) limits density for portions of PD projects outside of the Urban
or Transition land use classifications. Staff recommends striking this sentence and allow PD projects only
within the Urban Mixed Use, Community Mixed Use, General Residential, and Employment Center place
types. The residential requirement for PD conflicts with the Commerce Place type, which is established for
office, commercial, and industrial uses.
Note 10: This section currently limits density to 2.5 du/a in areas of a PD project classified as Rural,
Conservation, or Resource Protection by the ’06 Plan. Staff recommends revising this section to limit
density to 2.5 du/a in the AE and VE special flood hazard areas and also CAMA Estuarine AECs. The
place types in the Comprehensive Plan do not include areas included in the 2006 CAMA Plan Resource
Protection classification, such as AE/VE flood zones and estuarine CAMA Estuarine AECs, which are
currently limited to 2.5 du/acre by both policies in the 2006 Plan and regulations in the Zoning
Ordinance, such as above. The revised language bridges the gap by tying the density to more specific
areas until stakeholder discussions during the UDO process can determine if more substantial changes
are appropriate. Note that even with maintaining the 2.5 du/a density limit in certain areas, the new
place types will allow for more density in more areas of the county that were limited by the 2.5 du/a
cap in the 2006 CAMA Plan Resource Protection land use classification.
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Planning Board - July 7, 2016
A-424, (07/16) Page 7 of 10
(C) If the PD District shall be located within the Employment Center, Urban Mixed Use, or 90
Community Mixed Use place types Urban or Transition Area, the residential density factor 91
of the PD District may be increased by using the following "Density Bonus Chart". An 92
increase in density from 4.25 to 10.2 dwelling units per acre requires a total score of 75 93
points or more. An increase in density from 10.2 to 17 units per acre requires a total score 94
of 165 points or more. (2/16/87) (10/5/95) (8/1/11) 95
(7) The following minimum improvements and public services shall be provided in accordance with 96
all standards set by the County or appropriate local or State agency: 97
(O) Recognizing the County’s need for adequate housing for the elderly population as stated 98
in the Comprehensive Land Use Plan 2006 CAMA Plan Update, the following district 99
regulations shall apply in instances where at least twenty-five percent (25%) of the PD 100
district number of units are included in a Continuing Care Retirement Facility as described 101
and regulated under NCGS 58 Article 64: 102
a. The maximum height for a continuing care retirement facility building shall be up 103
to 55 feet. 104
b. The thoroughfare requirements in Section 54.2-2(7) (N) and Section 61.3 may be 105
satisfied if a traffic study supports a finding by the Board of County 106
Commissioners that the roadway providing access for the proposed PD 107
development to and from an existing major or minor arterial will operate at an 108
acceptable level of service (LOS), and will not cause the LOS to drop below Level 109
C. (1/07/08) at build-out. 8/1/11) 110
Section 54.3: RFMU Riverfront Mixed Use District 111
Section 54.3-1: Purpose - The Cape Fear River is one of the region’s most valuable natural resources and 112
is the focal point of activity in downtown Wilmington. The Riverfront Mixed Use District is established to 113
support seven main objectives: to enhance and preserve environmentally sensitive areas along the river; 114
to protect public access to the river through the creation of quality public spaces, to preserve cultural and 115
natural resources, to effect quality design and a variety of built forms that result in a pedestrian scale as 116
well as a compelling skyline; to promote and enhance transit options, particularly pedestrian and water-117
oriented transportation options; to provide an opportunity for intensive development consistent with the 118
urban form; and to encourage a mix of uses that foster a sense of community and create a destination for 119
residents and visitors alike. 120
121
The RFMU is an elective district available only to parcels of land fronting the Cape Fear and Northeast 122
Cape Fear Rivers east of Hwy. 421, between the Holmes Bridge and the Memorial Bridge in 123
Unincorporated New Hanover County. A height restriction overlay for the area directly across from the 124
Note 11: Similar to the changes proposed in Section 54.2-2(6), Staff recommends changing the
references in this section from the ’06 Plan classifications of Urban and Transition to the Employment
Center, Urban Mixed Use, and Community Mixed Use place types, as these place types are appropriate
for increased density.
Note 12: Section 54.2-2(7)(O) includes a reference to the need for elderly population in the ’06 Plan.
This reference can be easily updated to point towards the new comprehensive plan as suggested
above.
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Planning Board - July 7, 2016
A-424, (07/16) Page 8 of 10
Wilmington Historic District is subject to additional restrictions on building height. In the event of conflict 125
between regulations for riverfront mixed use developments and those in other sections of the Zoning 126
Ordinance, the Riverfront Mixed Use regulations shall supersede unless specifically stated otherwise. All 127
development projects within riverfront mixed use districts are subject to the CAMA Land Classification 128
regulations. 129
Section 72-43: High Density Development 130
Purpose: The purpose of this section is to encourage high density development in Employment Center, 131
Urban Mixed Use, or Community Mixed Use place types Urban or Transition areas where adequate 132
services are available, provided that environmental impacts are minimized and adequate open space is 133
provided. (10/5/95) 134
All High Density Developments shall comply with the following requirements: 135
(D) Determination of site capacity 136
137
1. The maximum number of dwelling units that may be built may be determined by 138
multiplying the BASE SITE AREA by the appropriate density factor from the table 139
below. (1/2/90) (10/5/95) 140
141
DISTRICT DENSITY FACTOR 142
R-10 17 units/acre 143
R-15 10.2 units/acre 144
R-20 4.25 units/acre 145
O&I 10.2 units/acre 146
PD (inside Employment Center/Urban Mixed Use/Community Mixed Use Place 147
Types Urban Transition area) 4.25 units/acre 148
PD (outside Urban Transition area) 2.5 units/acre 149
Note 14: Section 72-43 prescribes supplemental regulations for High Density Development projects.
Currently, these projects are permitted only in the Urban or Transition land use classifications. Staff
recommends changing these references to the Employment Center, Urban Mixed Use, and Community
Mixed Use place types. See Note 1 for an explanation of a similar change to the Table of Permitted
Uses.
Note 15: The recommended changes in this section pertain to the density calculation for PD projects,
and are explained further in Note 9.
Note 13: Section 54.3-1 discusses the purposes of the Riverfront Mixed Use District (RFMU), including
objectives of development within the district and where in the county RFMU is applicable. The final
sentence states that projects within an RFMU district should be guided by the land use classifications,
which is predominately Conservation. A 2008 amendment to the ’06 Plan excepted RFMU from the
density and impervious surface coverage limitations in the Conservation land use classification. Staff
recommends deleting this sentence, finding it unnecessary. Density will be guided by the applicable
Urban Mixed Use place type, and density and impervious surface coverage will reviewed by staff, the
Technical Review Committee, the Planning Board, and the Board of Commissioners.
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Planning Board - July 7, 2016
A-424, (07/16) Page 9 of 10
2. Each high density development shall be located either totally or primarily in 150
areas classified Employment Center, Urban Mixed Use, or Community Mixed Use 151
place types Urban Transition in the Wilmington - New Hanover Land-Use Plan. In 152
cases where a high density development includes primarily Employment Center, 153
Urban Mixed Use, or Community Mixed Use Urban or Transition areas and 154
limited Conservation place type or AE or VE special flood hazard areas or CAMA 155
Estuarine Areas of Environmental Concern Conservation or Rural or Resource 156
Protection areas, the residential units shall not be clustered at a density greater 157
than 2.5 units per BASE SITE acre in the AE or VE special flood hazard areas or 158
CAMA Estuarine Areas of Environmental Concern areas classified Conservation, 159
Rural, or Resource Protection. (10/5/95) 160
Section 72-42: Mining 161
High Intensity Mining Operations 162
High intensity mining operations shall be permitted in accordance with the use tables in Section 50-2, 163
subject to the following: 164
(1) The minimum lot size shall be one acre. 165
(2) Soil or other unconsolidated material (i.e. sand, marl, rock, fossil deposits, peat, fill or topsoil) 166
may be removed for use off-site. Additional on-site processing shall be permitted (i.e. Use of 167
conveyor systems; screening machines; crushing; or other mechanical equipment). 168
(3) All mining operations and their associated activities shall comply with the following standards 169
when dewatering occurs: 170
a. Must be located a minimum of 100 feet from all property lines. 171
(4) High Intensity Mining activities shall not be allowed in areas classified as aquifer resource 172
protection or watershed resource protection on the CAMA Land Classification Map. 173
Note 16: Section 72-43(3)D-2, above, reiterates where High Density Development may occur, which is
currently only the Urban or Transition classifications from the ’06 Plan. Consistent with previous similar
references, Staff recommends updating these references to Employment Center, Urban Mixed Use, and
Community Mixed Use.
This section also creates a density cap of 2.5 du/a for areas of a High Density Development project
within areas classified as Conservation, Rural, or Resource Protection by the ’06 Plan. Staff
recommends revising this language to limit density to 2.5 du/a for portions of a High Density
Development project that fall within areas designated as AE or VE special flood hazard areas or CAMA
Estuarine AECs. Areas classified as Conservation place are discouraged from any development, so the
2.5 du/a density cap is unnecessary.
Note 17: Section 72-42 sets supplemental regulations for High Intensity Mining Operations, including
subsection (4) that disallows the use in the Aquifer Resource Protection or Watershed Resource
Protection land use classifications from the ’06 Plan.
High Intensity Mining is currently only permitted in the I-2 zoning district by Special Use Permit. Based
on the limited areas of I-2 zoning that overlap with the Aquifer Resource Protection and Watershed
Resource Protection areas, Staff recommends removing this subsection and rely on the special use
permit process to address any concerns related to aquifers, surface and groundwater, and other
potential external effects of the proposed mining operation.
- 2 - 9ITEM: 5
Planning Board - July 7, 2016
A-424, (07/16) Page 10 of 10
REVIEW AND ACTION:
This request has been processed and reviewed per Section 110 – Amending the Ordinance. Notices of the
petition request have been disseminated per the requirements of the Zoning Ordinance.
Staff recommends the approval of the amendment as presented above. Staff concludes that the
amendment is necessary to amend language in the Zoning Ordinance that refers to land use classifications
from the 2006 CAMA Land Use Plan to reference the place types in the Comprehensive Land Use Plan, in
order to administer the Zoning Ordinance. Changes suggested by staff are intended to reflect the spirit
and intent of the existing regulations as much as possible until robust conversations involving a diversified
set of stakeholders necessitates more substantial changes to the ordinance language.
Action Needed
Motion to recommend approval of the petitioner’s proposal
Motion to “table” the item in order to receive more information
Motion to recommend denial of the petitioner’s request based on specific reasons
Example Motion for Approval:
Motion to recommend approval, as the Planning Board finds that this request for a zoning ordinance
amendment is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because
[Describe elements of controlling land use plans and how the amendment is consistent].
2. Reasonable and in the public interest because [Briefly explain why. Factors may include public
health and safety, applicable plans, or balancing benefits and detriments.].
Example Motion for Denial:
Motion to recommend denial, as the Planning Board finds that this request for a zoning ordinance
amendment is:
1. Not Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because
[Describe elements of controlling land use plans and how the amendment is not consistent].
2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include
public health and safety, applicable plans, or balancing benefits and detriments.].
Staff Suggested Motion:
Motion to recommend approval of the amendment as presented by Staff, as the Planning Board finds that
this request as described is:
1. Consistent with the purposes and intent the 2016 Comprehensive Land Use Plan, as the
amendment is necessary to allow continued administration of land use regulations to facilitate
intelligent growth and economic development in the county.
2. Reasonable and in the public interest as the amendment allows for uninterrupted administration
of the county’s Zoning Ordinance in a manner consistent with the spirit and intent of the existing
regulations.
- 2 - 10ITEM: 5
Planning Board - July 7, 2016
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: July 7, 2016
TECHNICAL REVIEW COMMITTEE REPORT
ITEM:
DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planning & Zoning
Supervisor
CONTACT(S): Sam Burgess; Brad Schuler; Ben Andrea, Current Planning/Zoning Supervisor
SUBJECT:
Technical Review Committee Report For June 2016
BRIEF SUMMARY:
The New Hanover County Technical Review Committee (TRC) met once during the month of June and
reviewed one performance residential project. The report and accompanying plan is attached.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ATTACHMENTS:
2016-6 June 2016 TRC Report
ITEM: 6
Planning Board - July 7, 2016
June 2016 NHC TRC Meeting Report Page 1
JUNE 2016 TRC REPORT
The County’s Technical Review Committee (TRC) met once during the month of June and
reviewed one performance site plan.
Round Tree Ridge
Round Tree Ridge is located in the southern portion of the County near the 7000 block of
Carolina Beach Road (western end of Lehigh Road) and is classified as Transition on the
County’s adopted 2006 Land Use Plan and General Residential on the proposed Land Use Plan
update. Under performance development criteria, density is limited to 2.5 units per acre.
Round Tree Ridge Site Data
Zoning District: R-15 Residential
Water Service: Public (CFPUA)
Sewer Service: Private (CFPUA)
Lots: 55 (single family residential)
Acreage: 19.88
Road Designation: Private
Primary Access: Lehigh Road (public)
In a vote of 5-0, the TRC preliminarily approved Round Tree Ridge for a total of 55 lots with the
following conditions:
1) No gates, traffic calming devices, or on-street parking is permitted unless reviewed by
TRC.
2) An approved letter from the Corps of Engineers determining the delineation of 404
wetlands.
3) A sidewalk be installed on one side of the southernmost street stub and extended to the
property line.
4) A written agreement with the Lehigh Estates Development be made concerning the
maintenance responsibilities of the portion of Lehigh Road which has currently not
been accepted into the State Maintenance System or language be added to the Round
Tree Ridge’s restrictive covenants obligating the development’s HOA participating in
the maintenance of the road.
5) A tree mitigation plan will need to be submitted prior to final plat approval for all or a
portion of the project.
6) Pedestrian access will be provided to the passive recreation area in the northwestern
portion of the development.
- 1 - 1ITEM: 6
Planning Board - July 7, 2016
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