Z-950 Staff Summary BOCZ-950, (3/16) Page 1 of 8
CONDITIONAL ZONING DISTRICT APPLICATION
CASE: Z-950, 3/16
PETITIONER: Cindee Wolf of Design Solutions on behalf of the property owner, New Beginning
Christian Church.
REQUEST: Rezone from R-20, Residential District, to (CZD) R-10, Conditional Residential District
ACREAGE: 14.00 acres
LOCATION: 2900 Block of Blue Clay Road
PID: R03300-003-002-000
LAND CLASS: Aquifer Resource Protection
PLANNING BOARD ACTION:
This application was heard at the March 3, 2016 Planning Board meeting. At the meeting, the Board noted
that the proposed development will be consistent with the surrounding area, and the traffic impact
generated by it will be minimal. The Planning Board voted 5-0 to recommend approval of the rezoning
with conditions, finding that the application is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed
performance residential subdivision must install water and sewer service, and thus it should not
significantly diminish the recharge of surrounding aquifers, thereby complying with the
development strategies of the Aquifer Resource Protection land use classification and Policy 3.28
of the Land Use Plan.
2. Reasonable and in the public interest because it provides for increased density in areas best suited
for development while not impeding the quality of life of the existing residential communities.
Conditions:
1. Streetyard plantings for the non-residential use in a residential district will be installed along the
Holland Drive and Alex Trask Drive frontages.
2. The street connection to Galway Road shall be improved and extended to connect to Galway
Road’s existing pavement.
EXISTING CONDITIONS:
Existing Zoning and Land Uses
The proposed rezoning includes 14 acres of a 17.93 acre parcel of land located at the 2900 block of Blue
Clay Road, approximately one half mile north of the intersection with Kerr Avenue. The property was
zoned R-20 when zoning was initially applied to this area in 1974.
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The zoning in the vicinity consists of mostly residential and industrial districts. The residential districts,
including R-10, (CZD) R-10, R-15, and R-20 can be found to the north, south, and west of the property.
Adjacent to the property to the north is a large tract of R-10 zoning, approximately 260 acres in area,
which contains the Ivy Woods and Runnymeade subdivisions. To the south, is property recently rezoned
to (CZD) R-10 in order to allow for the development of a performance residential subdivision. The
industrial districts, including I-2 and AI, are located to the east and south of the property, and contain the
North Kerr Industrial Park and Wilmington International Airport.
Existing Site Conditions
The property proposed to be rezoned is currently undeveloped.
Z-950, (3/16) Page 3 of 8
Community Services
Water and Sewer:
The property is within the Urban Services boundary, and water and sewer infrastructure is located within
the nearby vicinity.
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 Wrightsboro Elementary, Holly Shelter Middle, and
New Hanover High schools.
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 14 acres currently zoned R-20, Residential District, to (CZD) R-10,
Conditional Residential District, in order to develop a 46 lot performance residential subdivision.
STAFF POSITION:
Zoning and Subdivision Ordinance Considerations
The R-10 district is established as a district in which the principal use of land is for residential purposes
with access to either public water or public sewer. Under the performance residential standards,
developments within the R-10 district are allowed up to 3.3 units per acre.
A conceptual site plan is included as part of the application and is shown below. The applicant is proposing
to develop a 46 lot performance residential subdivision with the following conditions:
1. Streetyard plantings for the non-residential use in a residential district will be installed along the
Holland Drive and Alex Trask Drive frontages.
2. A 20 foot easement shall be dedicated to New Hanover County along Blue Clay Road for the
purpose of installing a future multi-use path in accordance with the 2008 Blue Clay Corridor Study.
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
review by the Technical Review Committee for compliance with applicable local and state regulations.
Z-950, (3/16) Page 4 of 8
Conceptual Site Plan
Traffic
The proposed development will generate 42 trips in the AM peak, and 52 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.
A TIA was recently completed for Rachel’s Place, a proposed 154 lot subdivision adjoining the subject
property to the south. The TIA found that intersections in the area, including Blue Clay Road at North Kerr
Avenue and the subdivision’s site access on Blue Clay Road, will operate at a Level of Service of B or better
during the peak hours when the development is expected to be completed in 2018.
The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count in 2014 on Blue
Clay Road, between Kerr Avenue and Old Mill Road. The count yielded an Average Daily Traffic (ADT) of
5,576 trips. Blue Clay Road has a design capacity of 15,600 daily trips, and therefore it is classified as
having an “A” Level of Service (LOS) with a Volume of Capacity Ratio of 0.36.
Environmental
The subject property is classified as Aquifer Resource Protection, which is where the Castle Hayne and
Pee Dee Aquifers secondary recharge occurs. Development strategies for land within this classification
are detailed below in the Land Use Plan Considerations.
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The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. Wetland data
provided by NC Division of Coastal Management shows wetlands may exists in the northwest portion of
the property. Verification of regulated wetlands will occur during the subdivision review process.
For septic suitability, the property contains Class II and Class III soils. Class II soils have moderate
limitations, which require moderate modification and maintenance, and Class III soils have severe
limitations, which requires extensive modification and intensive maintenance. However, this project will
be required to install public water and sewer service in accordance with the standards of the CFPUA and
the County’s subdivision ordinance.
Land Use Plan Considerations
According to the 2006 CAMA Plan, the site is classified as Aquifer Resource Protection, a subclass of the
Resource Protection classification. The purpose of the Resource Protection classification is to provide for
the preservation and protection of important natural, historic, scenic, wildlife and recreational resources.
The Aquifer Resource Protection subclass occurs in the Northwest part of the County, north of Smith
Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The
impacts that the resource is being protected from is diminished recharge of the aquifer and contamination
of the aquifer by inappropriate land uses. The Plan suggests that if septic systems are to be used,
development with the Aquifer Resource Protection subclass should be on large lots to prevent cross
contamination of wells. Alternatively, water and sewer services should be extended to the area to curtail
septic system use. Density in developments that utilize septic systems should be limited to 2.5 dwelling
units per acre, while urban densities are appropriate for developments connected to sewer service. Uses
of land that pose risk of spill of hazardous materials should also be prevented in the Aquifer Resource
Protection areas.
Water and sewer services have been extended to the area, and the services would be required to be
extended through the proposed development. Further, due to the area needed to accommodate septic
systems and repair areas, it is not common for lots within the R-10 district to use that form of wastewater
disposal. Instead, developments within R-10 districts typically connect to a centralized sewer system in
order to achieve the density allowed in the district. Therefore, the goals of the Aquifer Resource
Protection area would be achieved with the proposed development.
Z-950, (3/16) Page 6 of 8
Draft Comprehensive Plan
The County is currently going through a process to create a new comprehensive land use plan. The current
draft of the new Comprehensive Plan classifies the property as Community Mixed Use on the Future Land
Use Map.
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.
In regards to single-family residential development, the ideal density within the Community Mixed Use
Place Type is 8± dwelling units per acre. Therefore, the proposed development is consistent with the
current draft of the Comprehensive 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, January 27, 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 Zoning and Subdivision Ordinances and also the 2006 Wilmington-
New Hanover County CAMA Land Use Plan. Consistent with Policy 3.28 of the Land Use Plan, this
application should preserve the Castle Hayne and Pee Dee aquifers in their present unpolluted state as
the primary groundwater resources for the County because the development of the properties will require
the extension of water and sewer to serve the area.
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Action Needed
Motion to approve of the petitioner’s application
Motion to “table” the application in order to receive more information
Motion to deny of the petitioner’s application based on specific reasons
Example Motion for Approval:
Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment
of 14.00 acres from R-20, Residential District, to (CZD) R-10, Conditional Residential 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 deny, as the Board of Commissioners that this application for a zoning map amendment of
14.00 acres from R-20, Residential District, to (CZD) R-10, Conditional Residential 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 approve, as the Board of Commissioners find that this application for a zoning map amendment
of 14.00 acres from R-20, Residential District, to (CZD) R-10, Conditional Residential District as described
is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed
performance residential subdivision must install water and sewer service, and thus it should not
significantly diminish the recharge of surrounding aquifers, thereby complying with the
development strategies of the Aquifer Resource Protection land use classification and Policy 3.28
of the Land Use Plan.
2. Reasonable and in the public interest because it provides for increased density in areas best suited
for development while not impeding the quality of life of the existing residential communities.
Z-950, (3/16) Page 8 of 8
Conditions:
1. Streetyard plantings for the non-residential use in a residential district will be installed along
the Holland Drive and Alex Trask Drive frontages.
2. The street connection to Galway Road shall be improved and extended to connect to Galway
Road’s existing pavement.