HomeMy WebLinkAbout07122018 July 12 2018 PB Agenda PackageAGENDA
N E W H A N O V E R C O U N T Y P LA N N I N G B OA R D
A ssembly R o o m, New Hano ver C ounty Histo ric C ourthouse
24 No rth T hird S treet, R oo m 301
W ilmingto n, N C
ERNEST W. OLDS, CHAIRMAN - THOMAS "JORDY" RAWL, VICE-CHAIRMAN
PAUL D. BONEY, BOARD MEMBER - H. ALLEN POPE, BOARD MEMBER
DONNA GIRARDOT, BOARD MEMBER - EDWARD T. (TED) SHIPLEY, III, BOARD MEMBER
DAVID WEAVER, BOARD MEMBER
WAYNE CLARK, PLANNING AND LAND USE DIRECTOR - KENNETH VAFIER, PLANNING MANAGER
J U LY 12, 2018 6:00 P M
Pledge of Allegiance (Ben A ndrea, C urrent P lanning & Z oning Supervisor)
Approval of Minutes
RE G UL AR I T E M S O F B US INE S S
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.
1 P ublic Hearing
Rezoning Request (Z 18-07) – R equest by Paramounte Engineering, I nc. on behalf of
the property owner, E ston C. B rinkley, to rezone approximately 18.1 acres of land located
at the 8900 block of Stephens C hurch Road from R -15, R esidential District, to R -10,
Residential District.
2 P ublic Hearing
Rezoning R equest (Z18-09) - Request by D esign S olutions on behalf of the property
owner, Fred A. and Doris H. W hitman, to rezone approximately 16.8 acres of land located
in the 500 block of Bountiful L ane from R -20, Residential District, to (C Z D ) R -10,
Conditional R esidential District, in order to construct a performance residential
development.
3 P ublic Hearing
Rezoning R equest (Z18-10) - Request by D esign S olutions on behalf of the property
owner, J ames Steele W illiams, I I I , to rezone approximately 5 acres of land located in the
4300 block of C astle Hayne R oad f rom R-20, Residential D istrict, to (C Z D) B-2,
Conditional Highway B usiness D istrict, in order to develop a landscaping business.
O T HE R I T E M S
1 Other I tems of Business
Planning Board - July 12, 2018
NE W HAN O VE R C O UN T Y P LAN N IN G B O AR D
R E Q UE S T F OR B OAR D AC T IO N
ME E T IN G D AT E : 7/12/2018
R egular
D E PART ME N T: P lanning P R E S E N T E R (S ): Ben And rea, C urrent P lanning and Zoning S up ervisor
C O N TAC T (S ): Ben And rea; Ken Vafier, P lanning Manager
S UB J E C T:
P ublic Hearing
Rezoning Request (Z18-07) – Request by Paramounte Engineering, Inc. on behalf of the property owner,
Eston C. B rinkley, to rezone approximately 18.1 acres of land located at the 8900 block of S tephens
Church Road from R-15, Residential District, to R-10, R esidential District.
B R IE F S UMMARY:
P aramounte Engineering, Inc., on b ehalf of the p ro p erty o wner, Es ton C . Brinkley, is reques ting to rezone 18.1
ac res of land loc ated at the 8900 b lo ck of S tep hens C hurc h R oad o ff o f no rthern Market S treet/US Highway 17,
from R -15 to R -10.
Becaus e this is a general map amendment and no t a c o nditio nal rezo ning, uses that wo uld be allowed on the
property are those allo wed b y right o r by S pec ial Use P ermit in the R -10 dis trict bas ed o n the Tab le of P ermitted
Uses in the Zoning O rdinanc e. As b o th the R -15 and R -10 districts are res id ential d is tric ts , the uses p ermitted
within them are mo s tly similar with o nly slight variatio ns .
T he primary d ifferenc e b etween the districts is that the R -10 d is tric t allows fo r s maller lo ts and higher dens ity.
Und er the performance res id ential s tandards, the sub ject property would be permitted a maximum o f 45 dwelling
units in the current R -15 d is tric t, and 60 d welling units in the p ro p o s ed R -10 d is tric t.
Traffic imp acts will be analyzed at the time a develo p ment is p ro p o s ed . Any us e that exc eeds 100 AM o r P M peak
ho ur trips will be required to have an approved Traffic Impac t Analys is (T I A) p rio r to d evelopment. Even if a T I A
is not required , imp ro vements may b e required when any propos ed us e is reviewed b y N C DO T d uring the driveway
permitting p ro cess. Bas ed o n the s ize of the p ro p erty and the permitted dens ity, it is no t antic ip ated that a b y-right
residential d evelopment wo uld generate enough traffic to warrant a T I A. A detached s ingle-family d welling typ ically
generates about one trip d uring the peak hours . T he p ro p o s ed rezoning would allow 15 additio nal d welling units on
the p ro p erty, whic h would generate approximately 15 additio nal trips d uring the peak ho urs.
T he 2016 C omprehens ive Land Us e P lan classifies the sub ject p ro p erty as C ommunity Mixed Us e. T his P lac e
Type foc uses on s mall-s cale, c o mp ac t, mixed us e develo p ment p atterns that s erve all mod es o f travel and ac t as an
attrac tor fo r c o unty residents and visito rs . Types o f appropriate uses inc lud e offic e, retail, mixed us e, recreatio nal,
c o mmercial, ins titutio nal, and multi-family and s ingle-family res id ential.
T he proposed R -10 rezoning is generally C ON S IS T E N T with the C o mmunity Mixed Us e p lace type. It
provid es hous ing at dens ities cons is tent with what is encouraged in this p lace type and envis io ned to be loc ated near
gro wth nodes.
S T R AT E G IC P LAN ALIG N ME N T:
Planning Board - July 12, 2018
ITEM: 1
Intelligent G rowth and Ec o nomic Develo p ment
R E C O MME N D E D MO T IO N AN D R E QUE S T E D AC T ION S :
S taff rec o mmends ap p ro val and s uggests the following motio n:
Mo tion to rec o mmend ap p ro val, as the Board finds that this reques t fo r a zo ning map amendment o f approximately
18.1 acres fro m the R -15 district to a R -10 distric t as des c rib ed is :
1. C ons is tent with the p urposes and intent o f the 2016 C omprehens ive P lan b ecaus e it p ro vides for infill
residential d evelo p ment s imilar to the exis ting p attern of the area and aligns with the dens ity recommend ation
for the C ommunity Mixed Use p lace type.
2. R easonab le and in the p ublic interes t b ecaus e the p ro p o s al wo uld es tablis h an R -10 zoning district in an area
where p ublic water and s ewer is available.
C O UN T Y MAN AGE R'S C OMME N T S AN D R E C OMME N DAT ION S : (only Manager)
Planning Board - July 12, 2018
ITEM: 1
SCRIPT for General Map Amendment Application (Z18-07)
Request by Paramounte Engineering, Inc. on behalf of the property owner, Eston C. Brinkley, to rezone
approximately 18.1 acres of land located at the 8900 block of Stephens Church Road from R-15,
Residential District, to R-10, Residential District.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will
each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. 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 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 Board finds that this request for a zoning map amendment of
approximately 18.1 acres from the R-15 district to a R-10 district as described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it provides for infill
residential development similar to the existing pattern of the area and aligns with the density
recommendation for the Community Mixed Use place type.
2. Reasonable and in the public interest because the proposal would establish an R-10 zoning district in an
area where public water and sewer is available.
Alternative Motion for Approval/Denial:
Motion to recommend [Approval/Denial], as the Board finds that this request for a zoning map amendment
of approximately 18.1 acres from the R-15 district to a R-10 district as described is:
1. [Consistent/Not Consistent] with the purposes and intent of the 2016 Comprehensive Plan because
[Describe elements of controlling land use plans and how the amendment is or is not consistent].
2. [Reasonable/Not 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].
Planning Board - July 12, 2018
ITEM: 1 - 1 - 1
Z18-07 Staff Summary PB 7.12.2018 Page 1 of 9
STAFF SUMMARY FOR Z18-07
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z18-07
Request:
Zoning Map amendment to rezone 18.1 acres from R-15 to R-10
Applicant: Property Owner(s):
Paramounte Engineering, Inc Eston Brinkley
Location: Acreage:
8971 Stephens Church Road 18.1 acres
PID(s): Comp Plan Place Type:
R02900-001-059-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be
developed in accordance with the R-10 district
Current Zoning: Proposed Zoning:
R-15 R-10
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential R-15
East Single-Family Residential R-15
South Single-Family Residential R-15
West Single-Family Residential, Undeveloped R-15
Planning Board - July 12, 2018
ITEM: 1 - 2 - 1
Z18-07 Staff Summary PB 7.12.2018 Page 2 of 9
ZONING HISTORY
July 6, 1971 Initially zoned R-15 (Area 5)
COMMUNITY SERVICES
Water/Sewer CFPUA water and sewer services are available in the area.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District
Schools Blair Elementary, Eaton Elementary, Holly Shelter Middle, and Laney High
schools
Recreation Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
ZONING ORDINANCE CONSIDERATIONS
The purpose of the R-10, Residential zoning district is to provide for residential
development with access to either public water or sewer services.
Because this is a general map amendment and not a conditional rezoning, uses that would
be allowed on the property are those allowed by right or by Special Use Permit in the R-
10 district based on the Table of Permitted Uses in the Zoning Ordinance.
As both the R-15 and R-10 districts are residential districts, the uses permitted within them
are mostly similar with only slight variations. The primary difference between the districts
Planning Board - July 12, 2018
ITEM: 1 - 2 - 2
Z18-07 Staff Summary PB 7.12.2018 Page 3 of 9
is that the R-10 district allows for smaller lots and higher density as highlighted on the table
below:
R-15 R-10
Min Lot Size
(Conventional) 15,000 sf 10,000 sf
Max Density
(Performance) 2.5 du/ac 3.3 du/ac
Maximum Units
based on 18.1
Acres
(Performance
Residential)
45 60
The subject site is close to Market Street in a transition area not expected to be very low
density residential per the 2016 Comprehensive Plan.
TRANSPORTATION
Access is provided to the subject property by Stephens Church Road (SR 1351) which
connects to Market Street/ US Highway 17.
Traffic impacts will be analyzed at the time a development is proposed. Any use that
exceeds 100 AM or PM peak hour trips will be required to have an approved Traffic
Impact Analysis (TIA) prior to development. Even if a TIA is not required, improvements may
be required when any proposed use is reviewed by NCDOT during the driveway
permitting process.
Based on the size of the property and the permitted density, it is not anticipated that a
by-right residential development would generate enough traffic to warrant a TIA. A
detached single-family dwelling typically generates about one trip during the peak hours.
The proposed rezoning would allow 15 additional dwelling units on the property, which
would generate approximately 15 additional trips during the peak hours.
Traffic Counts
Road Location Volume Capacity V/C LOS
Market Street 8200-8300 Block 42,512 57,008 0.75 D
Planning Board - July 12, 2018
ITEM: 1 - 2 - 3
Z18-07 Staff Summary PB 7.12.2018 Page 4 of 9
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Regional Transportation Plans:
NCDOT Project 44238
o Proposal for roadway improvements at the Market Street/I-140 interchange.
Preliminary plans propose to realign the I-140 Market Street exit so that it connects
directly into Porters Neck Road, and to widen existing ramps to and from Highway 17.
This project is currently unfunded.
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses will expire if the proposed development is not completed by the build out date
established within the TIA.
Planning Board - July 12, 2018
ITEM: 1 - 2 - 4
Z18-07 Staff Summary PB 7.12.2018 Page 5 of 9
Proposed
Development Land Use/Intensity TIA Status
1. Scotts Hill
Apartments 192 apartment dwelling units Under Draft
2020 Buildout Year
The WMPO has approved the scope for the Traffic Impact Analysis for this project and the
consulting traffic engineer will use the approved scope to draft the TIA.
Nearby Proposed Developments included within the TIA:
New Hanover Regional Medical Center
Scott’s Hill Village
Blake Farm
Development Status: Pending application after TIA approval.
Proposed
Development Land Use/Intensity TIA Status
2. Scotts Hill Charter
School
Phase 1 (2016-2017) – 490
students
Phase 2 (2018-2019) – 587
students
Phase 3 (2019-2020) – 664
students
Phase 4 (2020-2021) – 731
students
TIA approved January 11,
2017
The TIA required improvements be completed at certain intersections in the area. The major
improvements consisted of:
Extension of the existing northbound left/u-turn lane at US 17 and Sidbury Road
Modification of signal timing at certain traffic lights in the area
The following improvements were recommended:
Driveway improvements at the site’s access with Pandion Drive
Installation of a left turn lane into the site
Installation of dual westbound right-turn lanes on Scotts Hill Loop Road at the US 17
intersection
Per NCDOT, the improvements required at this time have been installed in accordance with their
standards.
Nearby Proposed Developments included within the TIA:
Blake Farm
New Hanover Regional Medical Center
Scotts Hill Village
Development Status: Building Completed
Planning Board - July 12, 2018
ITEM: 1 - 2 - 5
Z18-07 Staff Summary PB 7.12.2018 Page 6 of 9
3. Blake Farm
(Pender County)
500 single family units
700 active adult/senior
attached units
1,798 active adult/senior
detached units
50,000 sq. ft. mini-warehouse
50,000 sq. ft. retail space
2 150-room hotels
TIA approved July 6, 2015
2029 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The major
improvements consist of:
Phase 1:
Restrict site driveway #1 intersection to left-in/right-in/right-out with a 200’ internal
protected stem
Installation of a 225’ left-turn lane on northbound US 17
Installation of a 125’ right-turn lane on southbound US 17
Installation of a new signal at US 17 and Sidbury Road
Installation of a 200’ u-turn lane on southbound US 17 at Sidbury Road
Phase 2:
Restrict site driveway #2 intersection to left-in/right-in/right-out with a 200’ internal
protected stem
Installation of a 150’ left-turn lane on northbound US 17 at site driveway #2
Installation of an additional receiving thru-lane with a minimum storage of 800’
Installation of a 125’ right-turn lane on southbound US 17 at site driveway #2
Installation of dual 250’ left-turn lanes on northbound US 17 at site driveway #1
Add additional right-turn egress lane on site driveway #1
Restripe existing thru lane on Sidbury Road at site driveway #3 to a left/thru lane
Installation of a 50’ right turn lane on westbound Sidbury Road at site driveway #3
Restrict site driveway #2 to two-lane cross section with one ingress lane and one left/right
turn egress lane and 100’ internal protected stem
The required improvements are pending installation as the project progresses.
Nearby Proposed Developments included within the TIA:
None
Development Status: Pending Development
4. Scotts Hill Village 226 Single-Family Homes
TIA approved February 4,
2014
2018 Build Out Year
Planning Board - July 12, 2018
ITEM: 1 - 2 - 6
Z18-07 Staff Summary PB 7.12.2018 Page 7 of 9
The TIA required improvements be completed at certain intersections in the area. The major
improvements consist of:
Installation of an eastbound right turn lane at Scotts Hill Loop Road and the site access
Per NCDOT, the improvements required at this time have been installed in accordance with their
standards.
Nearby Proposed Developments included within the TIA:
Vineyard West
Stevens Point Apartments
Scotts Hill Medical Center
Development Status: Under construction, two phases have been platted consisting of 68
lots
5. Scotts Hill Village
New Hanover
Regional
Emergency Facility
64,000 sq. ft. of medical
offices
200,000 sq. ft. hospital
TIA Approved April 8, 2014
2018 Full Build Out Year
The TIA required improvements be completed at certain intersections in the area. The major
improvements consist of:
Installation of a northbound u-turn lane, left-turn crossover lane, and westbound right-turn
lanes at the intersection of US 17 and Scotts Hill Medical Drive
Installation of a u-turn lane at on US 17 at Scotts Hill Loop Road
Per NCDOT, the improvements required at this time have been installed in accordance with their
standards. Additional improvements will be required to be installed when future phases of the
development are completed.
Nearby Proposed Developments included within the TIA:
Scotts Hill Village
Stevens Point Apartments
Vineyard West
Development Status: Partially Completed
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
The property contains 1.56 acres of wetlands subject to regulation by the US Army Corps
of Engineers.
The property is within the Island Creek (C;Sw) watershed.
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the
vision for New Hanover County’s future land use, as designated by place types describing
the character and function of the different types of development that make up the
Planning Board - July 12, 2018
ITEM: 1 - 2 - 7
Z18-07 Staff Summary PB 7.12.2018 Page 8 of 9
community. Specific goals of the comprehensive plan are designated to be promoted in
each place type, and other goals may be relevant for particular properties.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Analysis
The subject property is located in an area near the Porters Neck growth
node that has been designated as Community Mixed Use. It directly abuts
several homes and is almost directly across Market Street from the Scotts
Hill medical complex.
New development in this place type is intended to incorporate a mix of
office, retail, and housing at densities higher than the existing residential
development pattern. The densities allowed in the R-10 zoning district are
in keeping with those recommended for Community Mixed Use areas and
could be an appropriate transition to the development intensity envisioned
for this area.
Consistency
Recommendation
The proposed R-10 rezoning is generally CONSISTENT with the Community
Mixed Use place type. It provides housing at densities consistent with what
is encouraged in this place type and envisioned to be located near growth
nodes.
Planning Board - July 12, 2018
ITEM: 1 - 2 - 8
Z18-07 Staff Summary PB 7.12.2018 Page 9 of 9
STAFF RECOMMENDATION
Staff recommends approval of the application. Staff concludes that the application is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it provides
for infill residential development similar to the existing pattern of the area and aligns with
the density recommendation for the Community Mixed Use place type.
2. Reasonable and in the public interest because the proposal would establish an R-10 zoning
district in an area where public water and sewer is available.
Planning Board - July 12, 2018
ITEM: 1 - 2 - 9
MARKE
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R-15
(CZD) O&I
B-1
(CUD) B-1
(CUD) B-2
(CUD) O&I (CZD) B-1
®
Z18-07
Parcels within 500 Feet of Case Site
Case:
Z18-07
Existing Zoning/Use:Proposed UseSite Address:
8700 block
Stephens Church Rd
R-15/
Undeveloped
R-10
1,000
Feet
R
Physical Address
121 CREEKWOOD RD
8750 SIDBURY RD
8921 STEPHENS CHURCH RD
8923 STEPHENS CHURCH RD
8924 MARKET ST
8929 STEPHENS CHURCH RD
8937 STEPHENS CHURCH RD
8941 STEPHENS CHURCH RD
8951 STEPHENS CHURCH RD
8959 STEPHENS CHURCH RD
8961 MARKET ST
8971 STEPHENS CHURCH RD
8971 STEPHENS CHURCH RD
8973 STEPHENS CHURCH RD
8975 STEPHENS CHURCH RD
8981 STEPHENS CHURCH RD
8985 STEPHENS CHURCH RD
9000 MARKET ST
9001 STEPHENS CHURCH RD
9009 STEPHENS CHURCH RD
9015 STEPHENS CHURCH RD
9021 STEPHENS CHURCH RD
9027 STEPHENS CHURCH RD
9101 MARKET ST
9105 MARKET ST
9111 MARKET ST
9121 MARKET STPlanning Board - July 12, 2018
ITEM: 1 - 3 - 1
CUD B-1
CUD B-2
CUD O&I
B-1
R-15
CZD O&I
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Z18-07
Parcels within 500 Feet of Case Site
Case:
Z18-07
Existing Zoning/Use:Proposed UseSite Address:
8700 block
Stephens Church Rd
R-15/
Undeveloped
R-10
Zoning Districts
SHOD
A-I
AR
B-1
B-2
EDZD
I-1
I-2
O&I
PD
R-10
R-15
R-20
R-20S
R-7
RA
RFMU
SC
Incorporated Areas
Indicates Conditional Use District (CUD)
Indicates Conditional Zoning District (CZD)
See Section 55.1 of the Zoning OrdinanceCOD
Sewer Collector
Water Distribution Main
1,000
Feet
R
Planning Board - July 12, 2018
ITEM: 1 - 4 - 1
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Z18-07
Place Types
Commerce Zone
Employment Center
General Residential
Urban Mixed Use
Community Mixed Use
Rural Residential
Conservation
Case:
Z18-07
Existing Zoning/Use:Proposed UseSite Address:
8700 block
Stephens Church Rd
R-15/
Undeveloped
R-10
1,000
Feet
R
Planning Board - July 12, 2018
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APPLICANT
MATERIALS
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NE W HAN O VE R C O UN T Y P LAN N IN G B O AR D
R E Q UE S T F OR B OAR D AC T IO N
ME E T IN G D AT E : 7/12/2018
R egular
D E PART ME N T: P lanning P R E S E N T E R (S ): Brad S chuler, C urrent P lanner
C O N TAC T (S ): Brad S c huler; Ben And rea, C urrent P lanning & Zoning S up ervisor; Ken Vafier, P lanning
Manager; and Wayne C lark, P lanning & Land Us e Directo r
S UB J E C T:
P ublic Hearing
Rezoning Request (Z18-09) - Request by Design S olutions on behalf of the property owner, Fred A. and
Doris H. Whitman, to rezone approximately 16.8 acres of land located in the 500 block of B ountiful Lane
from R-20, Residential D istrict, to (C ZD ) R-10, Conditional Residential District, in order to construct a
performance residential development.
B R IE F S UMMARY:
Design S o lutio ns , o n behalf of the p ro p erty owners , F red A. & Doris H. W hitman, is reques ting to rezone
approximately 16.8 acres o f land loc ated in the 500 bloc k of Bountiful Lane fro m R -20 to (C ZD) R -10 in o rd er to
c o nstruc t a performance res id ential develo pment c ons is ting o f 55 townho me units .
A performance res idential d evelopment provid es more flexib ility in the des ign o f s ubdivis io ns b y not req uiring a
minimum lot s ize and b y allowing fo r multip le hous ing typ es . Ho wever, thes e typ es o f d evelopments are s ubjec t to a
maximum d ensity requirement. P erformanc e develo p ments within the p ro p o s ed R -10 district are permitted a
maximum dens ity of 3.3 dwelling units p er ac re, whic h eq uates to a maximum of 55 d welling units on the sub ject
property. As c urrently zoned , R -20, the pro p erty wo uld b e allowed up to 32 dwelling units und er the p erfo rmanc e
residential s tand ard s (1.9 du/ac ).
By not requiring a minimum lot s ize, p erfo rmanc e develo p ments allow flexib ility for ad d itional land to b e utilized fo r
open spac e and sto rmwater purp o s es . T he propos ed d evelopment will clus ter the 55 townho me units on the eas tern
portio n o f the property whic h allo ws the projec t to provid e 10.6 ac res of rec reatio n spac e (63% o f the sub ject
property). O nly 1.65 ac res of recreatio n s pace (10% o f the p ro p erty) is req uired.
T he ap p licant has p ro vided trip generatio n es timates for the proposed d evelopment. T he p ro p o s al is not exp ected
to generate mo re than 100 peak hour trip s and therefore, ac c o rd ing to S ec tion 61.4 of the Zoning O rdinanc e, a
Traffic Imp act Analys is was not required to b e c o mp leted. Traffic impac ts will b e reviewed by NC DO T through
the d riveway p ermitting proc es s .
T he 2016 C o mprehens ive Land Us e P lan classifies the sub ject p ro p erty as G eneral R esidential. T his P lac e Typ e
promotes lo wer-dens ity ho us ing and as s oc iated c ivic and c ommerc ial s ervic es . Typ ically, hous ing is single-family
or duplexes . C ommerc ial us es s hould be limited to s trategic ally loc ated o ffice and retail s p aces, while rec reation
and sc hool facilities are enc o uraged throughout.
T he p ro p o s ed c ond itional R -10 rezo ning is generally C O N S IS T E N T with the C o mp rehens ive P lan b ec aus e it
provid es residential d evelopment c o mp atible with the adjac ent neighb o rhoods, is with the d ensity range
rec o mmended fo r G eneral R es id ential, and protects the site’s environmental res o urc es by clus tering s tructures and
infras tructure.
Planning Board - July 12, 2018
ITEM: 2
S T R AT E G IC P LAN ALIG N ME N T:
Intelligent G rowth and Ec o nomic Develo p ment
R E C O MME N D E D MO T IO N AN D R E QUE S T E D AC T ION S :
S taff rec o mmends ap p ro val and s uggest the following motio n:
Mo tion to rec o mmend ap p ro val, as the Board finds that this reques t fo r a zo ning map amendment o f approximately
16.8 acres fro m the R -20 district, to a C onditio nal R -10 dis tric t, as des c rib ed is :
1. C ons is tent with the purposes and intent of the 2016 C omprehensive P lan because it provides for infill residential
development that is compatible to the existing pattern of the area, while protecting environmentally resources by
clustering structures and infrastructure.
2. R easonab le and in the public interest because the project will provide increased amounts of open space which
promotes the protection of the natural environment and wildlife habitats.
A lternative M o tio n fo r A ppro val/Denial:
Mo tion to rec o mmend [Ap p ro val/Denial], as the Board finds that this req ues t for a zoning map amend ment o f
approximately 16.8 acres fro m the R -20 district, to a C o nditio nal R -10 dis trict, as desc rib ed is:
1. [C ons is tent/No t C ons is tent] with the p urposes and intent o f the 2016 C omprehensive P lan b ecaus e [Desc rib e
elements o f c o ntro lling land us e plans and how the amendment is or is no t cons is tent].
2. [R easonab le/Not R eas o nable] and in the pub lic interest b ec aus e [Briefly explain why. F ac tors may includ e
pub lic health and s afety, c harac ter of the area and relatio nship o f us es , ap p lic able plans , o r b alanc ing b enefits
and detriments ].
C ond itions : [List any agreed upon c o nditio ns]
C O UN T Y MAN AGE R'S C OMME N T S AN D R E C OMME N DAT ION S : (only Manager)
Planning Board - July 12, 2018
ITEM: 2
SCRIPT for Conditional Zoning District Application (Z18-09)
Request by Design Solutions on behalf of the property owner, Fred A. and Doris H. Whitman, to rezone
approximately 16.8 acres of land located at the 500 block of Bountiful Lane from R-20, Residential
District, to (CZD) R-10, Conditional Residential District, in order to construct a performance residential
development.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will
each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. 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 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 Board finds that this request for a zoning map amendment of
approximately 16.8 acres from the R-20 district, to a Conditional R-10 district, as described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it provides for infill
residential development that is compatible with the existing pattern of the area, while protecting
environmental resources by clustering structures and infrastructure.
2. Reasonable and in the public interest because the project will provide increased amounts of open space
which promotes the protection of the natural environment and wildlife habitats.
Alternative Motion for Approval/Denial:
Motion to recommend [Approval/Denial], as the Board finds that this request for a zoning map amendment
of approximately 16.8 acres from the R-20 district, to a Conditional R-10 district, as described is:
1. [Consistent/Not Consistent] with the purposes and intent of the 2016 Comprehensive Plan because
[Describe elements of controlling land use plans and how the amendment is or is not consistent].
2. [Reasonable/Not Reasonable] and in the public interest because [Briefly explain why. Factors may
include public health and safety, character of the area and relations hip of uses, applicable plans, or
balancing benefits and detriments].
Conditions: [List any agreed upon conditions]
Planning Board - July 12, 2018
ITEM: 2 - 1 - 1
Z18-09 Staff Summary PB 7.12.2018 Page 1 of 7
STAFF SUMMARY FOR Z18-09
CONDITIONAL ZONING DISTRICT APPLICATION
APPLICATION SUMMARY
Case Number: Z18-09
Request:
Conditional R-10 Zoning District in order to develop a performance residential development
Applicant: Property Owner(s):
Cindee Wolf of Design Solutions Fred A. & Doris H. Whitman
Location: Acreage:
500 Block of Bountiful Lane 16.76 acres
PID(s): Comp Plan Place Type:
R03300-001-037-000 General Residential
Existing Land Use: Proposed Land Use:
Single-family dwellings Performance residential subdivision
Current Zoning: Proposed Zoning:
R-20 (CZD) R-10
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential R-20, R-15
East Single-Family Residential R-20, R-15
South Single-Family Residential R-20
West Single-Family Residential, Undeveloped R-20
Planning Board - July 12, 2018
ITEM: 2 - 2 - 1
Z18-09 Staff Summary PB 7.12.2018 Page 2 of 7
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
COMMUNITY SERVICES
Water/Sewer Water and sewer service is available through CFPUA.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Wrightsboro
Schools Wightsboro Elementary, Eaton Elementary, Holly Shelter Middle, and New
Hanover High schools
Recreation Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The Conservation Overlay District indicates that swamp forest may exist on
the western portion of the property, outside of the areas of disturbance for
the proposed development
Historic No known historic resources
Archaeological No known archaeological resources
PROPOSED SITE PLAN
This application proposes to construct a performance residential development consisting of
55 townhome units. A performance residential development provides more flexibility in
the design of subdivisions by not requiring a minimum lot size and by allowing for multiple
housing types. However, these types of developments are subject to a maximum density
requirement. Performance developments within the proposed R-10 district are permitted
a maximum density of 3.3 dwelling units per acre, which equates to a maximum of 55
dwelling units on the subject property.
Planning Board - July 12, 2018
ITEM: 2 - 2 - 2
Z18-09 Staff Summary PB 7.12.2018 Page 3 of 7
As currently zoned, R-20, the property would be allowed up to 32 dwelling units under the
performance residential standards (1.9 du/ac).
By not requiring a minimum lot size, performance developments allow flexibility for
additional land to be utilized for open space and stormwater purposes. Although the
proposal is a notable increase in the number of allowable dwelling units, it will cluster the
townhomes on the eastern portion of the property which allows the project to provide 10.6
acres of recreation space (63% of the subject property). Only 1.65 acres of recreation
space (10% of the property) is required.
The applicant intends to preserve the trees within most of the provided recreation space
which will provide buffering to the adjacent residences. In addition, a 20-foot buffer is
required along all property lines abutting detached single-family homes.
TRANSPORTATION
Access is provided to the subject property by Bountiful Lane (SR 2600) which connects to
Castle Hayne Road (NC 133) by way of Oakley Road (SR 1329).
The proposed subdivision must obtain a driveway permit from NCDOT.
Trip Generation
LAND USE (ITE Code) INTENSITY AM PEAK PM PEAK
Residential Townhome (230) 55 dwelling units 24 29
Planning Board - July 12, 2018
ITEM: 2 - 2 - 3
Z18-09 Staff Summary PB 7.12.2018 Page 4 of 7
Traffic Counts - 2018
Road Location Volume Capacity V/C
Castle Hayne Road 1,000 feet south of
Rockhill Road 13,526 12,520 1.08
Oakley Road West of Castle Hayne
Road 4,088 9,500* 0.45
Rockhill Road West of Castle Hayne
Road 2,267 9,500* 0.24
*Approximation based on NCDOT’s Develop Roadway Capacities Manual.
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Planning Board - July 12, 2018
ITEM: 2 - 2 - 4
Z18-09 Staff Summary PB 7.12.2018 Page 5 of 7
Regional Transportation Plans:
One project is included in State Transportation Improvement Program that will improve the portion
of Castle Hayne Road adjacent to the subject property:
STIP Project U-5863
o Widening of Castle Hayne Road to multi-lanes from I-140 to Division Drive. Right-of-
way acquisition is expected to begin in 2021 and construction is expected to begin in
2023.
Oakley Road and Castle Hayne Road
o NCDOT will install a traffic signal at the intersection of Oakley Road and Castle Hayne
Road. The project is expected to be completed within one year.
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses will expire if the proposed development is not completed by the build out date
established within the TIA. Listed below are projects within a one-mile radius from the subject site that
are currently drafting a TIA or have completed a TIA within the last five years.
Proposed
Development Land Use/Intensity TIA Status
1. Riverside 165 single-family dwellings
72 apartment units
Approved August 13, 2015
2019 Build Out Year
The TIA required improvements be completed at the intersection of N. Kerr Avenue and Castle
Hayne Road. The major improvements consisted of:
Installation of an eastbound right turn lane
Extension of the existing eastbound left turn lane
Nearby Proposed Developments included within the TIA:
River Bluffs
Trasco Distribution Center
Development Status: Subdivision Infrastructure Under Construction
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
The applicant has found no evidence of regulated wetlands within area of the property to
be developed.
The property is within the Ness Creek (C;Sw) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class I (suitable/slight limitation), Class II (moderate limitation) and
Class IV (unsuitable) soils.
Planning Board - July 12, 2018
ITEM: 2 - 2 - 5
Z18-09 Staff Summary PB 7.12.2018 Page 6 of 7
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the
vision for New Hanover County’s future land use, as designated by place types describing
the character and function of the different types of development that make up the
community. Specific goals of the comprehensive plan are designated to be promoted in
each place type, and other goals may be relevant for particular properties.
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on lower-density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout.
Analysis
The intent of the General Residential place type is to preserve existing
residential neighborhoods and provide opportunities for compatible lower
density residential development and supportive commercial, civic, and
recreational development. The proposed R-10 development would allow
for the conservation of environmentally sensitive land, while providing
residential development at a density consistent with the recommended range
of this place type and compatible with adjacent residential neighborhoods.
Consistency
Recommendation
The proposed conditional R-10 rezoning is generally CONSISTENT with this
place type because it provides residential development that is compatible
with the density of adjacent neighborhoods, is in line within the density
recommendations for General Residential, and protects the site’s
environmental resources by clustering structures and infrastructure.
Planning Board - July 12, 2018
ITEM: 2 - 2 - 6
Z18-09 Staff Summary PB 7.12.2018 Page 7 of 7
STAFF RECOMMENDATION
Staff recommends approval of the application. Staff concludes that the application is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it provides
for infill residential development that is compatible to the existing pattern of the area, while
protecting environmentally resources by clustering structures and infrastructure.
2. Reasonable and in the public interest because the project will provide increased amounts of
open space which promotes the protection of the natural environment and wildlife habitats.
Planning Board - July 12, 2018
ITEM: 2 - 2 - 7
BOUNTIFUL LN
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Z18-09
Case:
Z18-09
Existing Zoning/Use:Proposed Zoning/UseSite Address:
500 block
Bountiful Lane
R-20/
Single-Family Dwelling
(CZD) R-10/
Performance Residential
1,000
Feet
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Physical Address Physical Address
2013 OAKLEY RD 3001 OAKLEY CIR
2014 OAKLEY RD 3003 MEMORY LN
2015 OAKLEY RD 3003 OAKLEY CIR
2017 OAKLEY RD 3004 OLD BARN CT
2023 OAKLEY RD 3004 THATCH CT
2025 OAKLEY RD 3005 OLD BARN CT
2026 OAKLEY RD 3006 THATCH CT
2027 OAKLEY RD 3007 MEMORY LN
2031 OAKLEY RD 3007 OAKLEY CIR
2033 OAKLEY RD 3007 OAKLEY CIR
2100 OAKLEY RD 3008 MEMORY LN
2101 OAKLEY RD 3008 OAKLEY CIR
2104 OAKLEY RD 3008 OLD BARN CT
2107 OAKLEY RD 3008 THATCH CT
2108 OAKLEY RD 3009 OLD BARN CT
2111 OAKLEY RD 3010 OAKLEY CIR
2113 OAKLEY RD 3013 OAKLEY CIR
2117 OAKLEY RD 3137 OAKLEY CIR
2121 OAKLEY RD 324 BOUNTIFUL LN
2126 OAKLEY RD 400 BOUNTIFUL LN
2129 OAKLEY RD 401 BOUNTIFUL LN
2133 OAKLEY RD 404 BOUNTIFUL LN
2202 OAKLEY RD 405 BOUNTIFUL LN
2205 OAKLEY RD 407 BOUNTIFUL LN
2206 OAKLEY RD 408 BOUNTIFUL LN
2209 OAKLEY RD 409 BOUNTIFUL LN
2906 THATCH CT 411 BOUNTIFUL LN
2912 THATCH CT 413 BOUNTIFUL LN
2915 THATCH CT 416 BOUNTIFUL LN
2918 THATCH CT 417 BOUNTIFUL LN
2921 THATCH CT 420 BOUNTIFUL LN
2923 THATCH CT 421 BOUNTIFUL LN
2925 THATCH CT 500 BOUNTIFUL LN
2929 THATCH CT 501 BOUNTIFUL LN
3000 OAKLEY CIR561 BOUNTIFUL LN
Z18-09
Planning Board - July 12, 2018
ITEM: 2 - 3 - 1
R-15
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Z18-09
Case:
Z18-09
Existing Zoning/Use:Proposed Zoning/UseSite Address:
500 block
Bountiful Lane
R-20/
Single-Family Dwelling
(CZD) R-10/
Performance Residential
Zoning Districts
SHOD
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B-2
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I-1
I-2
O&I
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R-10
R-15
R-20
R-20S
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Incorporated Areas
Indicates Conditional Use District (CUD)
Indicates Conditional Zoning District (CZD)
See Section 55.1 of the Zoning OrdinanceCOD
Sewer Collector
Water Distribution Main
1,000
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Planning Board - July 12, 2018
ITEM: 2 - 4 - 1
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Z18-09
Place Types
Commerce Zone
Employment Center
General Residential
Urban Mixed Use
Community Mixed Use
Rural Residential
Conservation
Case:
Z18-09
Existing Zoning/Use:Proposed Zoning/UseSite Address:
500 block
Bountiful Lane
R-20/
Single-Family Dwelling
(CZD) R-10/
Performance Residential
1,000
Feet
R
Planning Board - July 12, 2018
ITEM: 2 - 5 - 1
APPLICANT
MATERIALS
Planning Board - July 12, 2018
ITEM: 2 - 6 - 1
Planning Board - July 12, 2018
ITEM: 2 - 6 - 2
Planning Board - July 12, 2018
ITEM: 2 - 7 - 1
Page 4 of 7
Conditional Zoning District Application – Updated 5/2017
Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: ______________________ Total Acreage of Proposed District: __________
Only uses allowed by right in the corresponding General Use District are eligible for consideration within a Conditional
Zoning District. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose
of the district, and a project narrative (please provide additional pages if needed).
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
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Proposed Condition(s)
Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the
development and use of the property than the corresponding General Use District regulations may be added. These
conditions may assist in mitigating the impacts the proposed development may have on the surrounding community.
Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board,
and Board of Commissioners may propose additional conditions during the review process.
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
(CZD)R-10 16.76 AC.
ThepurposeoftheR-10districtistoencouragemediumdensitydevelopmentwhereadequateservicesare
alreadyavailable.Attachedhousingispermittedintheresidentialdistrictsbyperformancedevelopment
standards.Clusteringofthehousingunitspreservesmorelandareaforopenspace.Thetownhomestyleof
developmentaddsanalternativehousingoptioninthisareaoftheCountythathashistoricallybeenlimitedto
single-familyhomesonlargerlots.
Referencethesiteplanforprojectlayout.Theproposedlayoutclusterstheunitstominimizethelimitsof
disturbanceandclearingofexistingvegetation-therebyaddingnaturalbuffering.Asidewalksystemruns
throughouttheprojectforsafepedestriancirculation.Alllandscapingrequirementsforanattachedhousingproject
wouldbeappliedtoaddshading,visualinterestandaestheticquality.
Planning Board - July 12, 2018
ITEM: 2 - 7 - 2
Page 5 of 7
Conditional Zoning District Application – Updated 5/2017
Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of
the Institute of Transportation Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed
for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this
application.
ITE Land Use: _________________________________________________________________________________
Trip Generation Use and Variable (gross floor area, dwelling units, etc.): __________________________________
AM Peak Hour Trips: ___________________________ PM Peak Hour Trips: ______________________________
CONSIDERATION OF A CONDITIONAL ZONING DISTRICT
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective and where only a specific
use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of very
dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can
create a more orderly transition benefiting all affected parties and the community-at-large. The applicant must
explain, with reference to attached plans (where applicable), how the proposed Conditional Use Zoning District
meets the following criteria.
1. How would the requested change be consistent with the County’s policies for growth and development? (For
example: the Comprehensive Plan and applicable small area plans)
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
2. How would the requested Conditional Zoning District be consistent with the property’s classification on the
Future Land Use Map located within the Comprehensive Plan?
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is
the land involved unsuitable for the uses permitted under the existing zoning?
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
230-RESIDENTIALCONDO /TOWNHOME
PERUNIT @ 54UNITS
2428
Thepoliciesforgrowthanddevelopmentencouragesafeandaffordablehousingtobeavailabletoevery
citizen.SustainabilityoftheCountydependsonsensiblein-fillandmaximizinguseoflandsalready
accessibletourbanservices.Increaseddensityofdevelopmentnotonlyaddstothetaxbase,butmakes
betteruseoftheexistinginfrastructure.
Rezoningthispropertyformoderatedensityprovidesalternativehousingopportunitiesinanareathat
alreadyhaspublicservicesavailabletoit.Clusteringbyperformancestandardsallowsforconservationof
moreenvironmentallysensitiveland.
TheconstructionoftheI-140by-passwithaninterchangeatCastleHayneRoadhasmadethisareaofthe
Countymoreattractiveforhousingopportunitiesbecauseoftheincreasedeaseofcommutingfromhometo
jobsandservices.TheareaofthesubjectsitehasamixtureofR-20,R-15andR-10districts.Adding
modestincreaseofdensityfornewdevelopmentisnotuncommon.
Planning Board - July 12, 2018
ITEM: 2 - 7 - 3
Planning Board - July 12, 2018
ITEM: 2 - 7 - 4
Planning Board - July 12, 2018
ITEM: 2 - 7 - 5
Legal Description for
Conditional Zoning District
561 Bountiful Lane
This description being suitable for municipal zone line only, being drawn from record only and neither
the result of a complete and accurate survey of the premises nor a thorough title examination and being
a composite of that parcel and excepted parcels as cited in Deed Book 4448, Page 739 of the New
Hanover County Registry (said exceptions cited as lands in Deed Book 1553, Page 752 and Deed Book
1611, Page 1500 of the same registry).
The resulting composite area is more particularly described as follows: BEGINNING at a point on the
Southern line of Oakley Avenue, said point being located North 84 degrees 57 minutes 15 seconds West
705.2 feet and South 00 degrees 53 minutes West 27.0 feet (the point of intersection of two ditches as
cited in Deed Book 4448, Page 739) and South 00 degrees 53 minutes West 18.12 feet from an old
stone marked "DLG", located in the intersection of Oakley Road, Oakley Circle West and Oakley
Avenue and running thence from said beginning point with the Southern line of Oakley Avenue, South
84 degrees 57 minutes 15 seconds East 464.3 feet to a point; running thence south 35 degrees 38 minutes
45 seconds West 474.72 feet to an iron pipe; running thence North 82 degrees 19 minutes 15 seconds
West 374.4 feet to an iron pipe; running thence South 07 degrees 55 minutes 45 seconds West 426.01
feet to an iron pipe in the Northern line of Lela Mae Sharpe tract; running thence with the Northern line
of the Sharpe tract, North 85 degrees 35 minutes 45 seconds West 785.92 feet to an iron pipe, a corner
of the C.L. Blanton tract; running thence with the Northern line of the Blanton tract, North 85 degrees
35 minutes 45 seconds West 235.17 feet to an iron pipe, a corner of the Axler land; running thence with
the Axler line the following courses and distances thru the swamp, North 24 degrees 46 minutes 30
seconds West 180.0 feet to an old pipe; thence North 84 degrees 08 minutes 15 seconds East 282.43
feet to an iron pipe; running thence North 47 degrees 58 minutes 45 seconds East 130.0 feet to an iron
pipe; running thence North 83 degrees 38 minutes 45 seconds East 192.0 feet to an iron pipe; running
thence North 83 degrees 21 minutes 45 seconds East 42.0 feet and North 26 degrees 41 minutes 45
seconds East 96.0 feet to a point in the mouth of a ditch; running thence up and with the run of said
ditch, North 01 degrees 41 minutes 15 seconds East 75.0 feet, North 10 degrees 21 minutes 15 seconds
West 60.0 feet, North 27 degrees 05 minutes 45 seconds West 80.0 feet and North 15 degrees 29
minutes 45 seconds West 42.28 feet to a point in the Southern line of a 20 foot easement. Running
thence with the Southern line of said 20 foot easement, North 82 degrees 01 minutes 15 seconds East
655.76 feet to a point in the Southern line of Oakley Avenue, thence with Southern line of Oakley
Avenue South 84 degrees 57 minutes 15 seconds East 91.52 feet to a point in the Western end of Oakley
Avenue, the point of beginning, and containing 16.76 acres more or less. Said tract being subject to
easements and servitudes of record.
Planning Board - July 12, 2018
ITEM: 2 - 7 - 6
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Project Name: Bountiful Village Townhomes
Proposed Zoning: R-20 to (CZD) R-10
The undersigned hereby certifies that written notice of a community meeting on the above
zoning application was given to the adjacent property owners set forth on the attached list by
first class mail, and provided to the Planning Department for notice of the Sunshine List on
May 11, 2018 . A copy of the written notice is also attached.
The meeting was held at the following time and place: Wednesday, May 23, 2018;
6:00 p.m.; Wrightsboro Fire Station #11, 3515 N. Kerr Avenue.
The persons in attendance at the meeting were: Reference attached sign-in Lists
The following issues were discussed at the meeting: A presentation was given on the tract
status, the purpose of the conditional rezoning request and on the performance residential
development method. A question and answer period followed.
Primary concerns were voiced over the density and capacity of Oakley Road to handle more
traffic. There was interest on size and quality of the proposed homes to be built, buffering
views and limits of clearing & disturbance. Drainage patterns were discussed, along with
current stormwater management requirements.
As a result of the meeting, the following changes were made to the rezoning petition:
The developer committed to preserving existing vegetation by only clearing the necessary
limits of disturbance for the clustered building pads, parking areas and stormwater pond.
Date: June 11, 2018
Applicant: Design Solutions
By: Cindee Wolf
Planning Board - July 12, 2018
ITEM: 2 - 7 - 7
Planning Board - July 12, 2018
ITEM: 2 - 7 - 8
Planning Board - July 12, 2018
ITEM: 2 - 7 - 9
Planning Board - July 12, 2018
ITEM: 2 - 7 - 10
Planning Board - July 12, 2018
ITEM: 2 - 7 - 11
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OWNER NAMEMAILING ADDRESS CITY / STATE/ ZIPSITUS ADDRESS
3008 THATCH LTD PTNRSHP 2840 S COLLEGE RD #319 WILMINGTON, NC 28412 3008 THATCH CT CASTLE HAYNE
AKERS EVERETT CARLTON WANDA G 2031 OAKLEY RD CASTLE HAYNE, NC 28429 2027 OAKLEY RD CASTLE HAYNE
AKERS EVERETT CARLTON WANDA GAIL 2406 BLOOMSBURY CT WILMINGTON, NC 28411 2031 OAKLEY RD CASTLE HAYNE
APPLE VALLEY INC 2708 SHANDY LN WILMINGTON, NC 28409 501 BOUNTIFUL LN CASTLE HAYNE
BAREFOOT A B HRS 2101 OAKLEY RD CASTLE HAYNE, NC 28429 2101 OAKLEY RD CASTLE HAYNE
BLACKBURN LISA A 3010 OAKLEY CIR CASTLE HAYNE, NC 28429 3010 OAKLEY CIR CASTLE HAYNE
BRADSHAW SHIRLEY M2206 OAKLEY CIR CASTLE HAYNE, NC 28429 2206 OAKLEY RD CASTLE HAYNE
BROCK DONALD R ETAL 2014 OAKLEY CIR CASTLE HAYNE, NC 28429 2014 OAKLEY RD CASTLE HAYNE
BRYAN RUBY2100 OAKLEY RD CASTLE HAYNE, NC 28429 2100 OAKLEY RD CASTLE HAYNE
BURTON LINDSAY 3009 OLD BARN CT CASTLE HAYNE, NC 28429 3009 OLD BARN CT CASTLE HAYNE
BUCHANAN DORIS A 421 BOUNTIFUL LN CASTLE HAYNE, NC 28429 421 BOUNTIFUL LN CASTLE HAYNE
CAPE FEAR PUBLIC UTILITY AUTH2708 SHANDY LN WILMINGTON, NC 28409 BOUNTIFUL LN CASTLE HAYNE
CAPE FEAR PUBLIC UTILITY AUTH235 GOVERNMENT CENTER DR WILMINGTON, NC 28403 BOUNTIFUL LN CASTLE HAYNE
CAPE FEAR PUBLIC UTILITY AUTHORITY 235 GOVERNMENT CENTER DR WILMINGTON, NC 28403 401 BOUNTIFUL LN CASTLE HAYNE
CARLTON GWENDOLYN M416 BOUNTIFUL LN CASTLE HAYNE, NC 28429 416 BOUNTIFUL LN CASTLE HAYNE
COOPER WILLIAM L DONNA 2129 OAKLEY RD CASTLE HAYNE, NC 28429 2129 OAKLEY RD CASTLE HAYNE
CRAWFORD CHARLES K CHERIE2583 MERCER ST SANDY LAKE, PA 16145 2915 THATCH CT CASTLE HAYNE
CRAWFORD LESLIE O BONITA E 2104 OAKLEY RD CASTLE HAYNE, NC 28429 2104 OAKLEY RD CASTLE HAYNE
CRIBB JAMES L 408 BOUNTIFUL LN CASTLE HAYNE, NC 28429 408 BOUNTIFUL LN CASTLE HAYNE
DAVIS JAMES F CATHERINE O 2017 OAKLEY RD CASTLE HAYNE, NC 28429 2017 OAKLEY RD CASTLE HAYNE
HATCHER DEBRA M324 BOUNTIFUL LNCASTLE HAYNE, NC 28429 324 BOUNTIFUL LN CASTLE HAYNE
GES INVESTMENT PROPERTIES LLC PO BOX 1035WRIGHTSVILLE BH, NC 28480 2113 OAKLEY RD CASTLE HAYNE
GLAZIER FAMILY REV TRUST 2033 OAKLEY RD CASTLE HAYNE, NC 28429 2033 OAKLEY RD CASTLE HAYNE
GLAZIER WOODROW R SAENGDUAN P 2025 OAKLEY RD CASTLE HAYNE, NC 28429 2025 OAKLEY RD CASTLE HAYNE
GLAZIER WOODROW RANDALL 2025 OAKLEY RD CASTLE HAYNE, NC 28429 2023 OAKLEY RD CASTLE HAYNE
GRADY LARRY2929 THATCH CT CASTLE HAYNE, NC 28429 2929 THATCH CT CASTLE HAYNE
GRAY KATIE S 2918 THATCH CT CASTLE HAYNE, NC 28429 2918 THATCH CT CASTLE HAYNE
GRIFFIN JOSEPH BRITTANY 3007 MEMORY LNCASTLE HAYNE, NC 28429 3007 MEMORY LN CASTLE HAYNE
GUIDI DANIEL JOSEPH JESSICA 2921 THATCH CT CASTLE HAYNE, NC 28429 2921 THATCH CT CASTLE HAYNE
HAMILTON WILLIAM J CLAUDIA 6516 SHIRE LNWILMINGTON, NC 28411 2202 OAKELY RD CASTLE HAYNE
HARDIE JOHN3004 OLD BARN CT CASTLE HAYNE, NC 28429 3004 OLD BARN CT CASTLE HAYNE
HERCHER THERESA M404 BOUNTIFUL LN CASTLE HAYNE, NC 28429 404 BOUNTIFUL LN CASTLE HAYNE
HOLT AMELIA MARTIN JAMES H2912 THATCH CT CASTLE HAYNE, NC 28429 2912 THATCH CT CASTLE HAYNE
HOUCK GLORIA E407 BOUNTIFUL LN CASTLE HAYNE, NC 28429 407 BOUNTIFUL LN CASTLE HAYNE
HOY RUSSELL P JR 417 BOUNTIFUL LN CASTLE HAYNE, NC 28429 417 BOUNTIFUL LN CASTLE HAYNE
INMAN PHILIP DEVON2729 CASTLE HAYNE RD WILMINGTON, NC 28401 2015 OAKLEY RD CASTLE HAYNE
LEWIS ALTON RAY 1005 AVENSHIRE CIR WILMINGTON, NC 28412 3007 OAKLEY CIR CASTLE HAYNE
MARSHBURN RICHARD PEARLINE ETAL 3003 MEMORY LN CASTLE HAYNE, NC 28429 3003 MEMORY LN CASTLE HAYNE
MCINTOSH JUDY 2923 THATCH CT CASTLE HAYNE, NC 28429 2923 THATCH CT CASTLE HAYNE
MCKEITHAN DAVID BLUE JACKIE S 2133 OAKLEY RD CASTLE HAYNE, NC 28429 2133 OAKLEY RD CASTLE HAYNE
MCKNIGHT PATRICIA A 400 BOUNTIFUL LN CASTLE HAYNE, NC 28429 400 BOUNTIFUL LN CASTLE HAYNE
MELTON JOHN ALEXANDER 2906 THATCH CT CASTLE HAYNE, NC 28429 2906 THATCH CT CASTLE HAYNE
MERCER MELONY MOORE3908 SONDEY RD CASTLE HAYNE, NC 28429 2026 OAKLEY RD CASTLE HAYNE
MEREDITH CYNTHIA 411 BOUNTIFUL LN CASTLE HAYNE, NC 28429 411 BOUNTIFUL LN CASTLE HAYNE
MISHOE WILLIAM M IV 3008 OAKLEY CIR CASTLE HAYNE, NC 28429 3008 OAKLEY CIR CASTLE HAYNE
MOORE REV COMMON TRUST 2213 OAKLEY RD CASTLE HAYNE, NC 28429 2209 OAKLEY RD CASTLE HAYNE
MOORING RONNIE ROBYN KITE 2925 THATCH CT CASTLE HAYNE, NC 28429 2925 THATCH LN CASTLE HAYNE
NORRIS ROXANNE3006 THATCH CT CASTLE HAYNE, NC 28429 3006 THATCH CT CASTLE HAYNE
OAKLEY PLANTATION112 AIRLIE RDWILMINGTON, NC 28403 2013 OAKLEY RD
PARRY NICOLE SHANAI413 BOUNTIFUL LN CASTLE HAYNE, NC 28429 413 BOUNTIFUL LN CASTLE HAYNE
PAULTER MATTIE O3000 OAKLEY CIR CASTLE HAYNE, NC 28429 3003 OAKLEY CIR CASTLE HAYNE
PAULTER MATTIE O3000 OAKLEY CIR CASTLE HAYNE, NC 28429 3001 OAKLEY CIR CASTLE HAYNE
PAULTER MATTIE O3000 OAKLEY CIR CASTLE HAYNE, NC 28429 2205 OAKLEY RD CASTLE HAYNE
PAULTER MATTIE O3000 OAKLEY CIR CASTLE HAYNE, NC 28429 3000 OAKLEY CIR CASTLE HAYNE
PELLERITE PAULA ANNE ETAL 409 BOUNTIFUL LN CASTLE HAYNE, NC 28429 409 BOUNTIFUL LN CASTLE HAYNE
PEREZ ALFREDO C SHEILA CARMONA 3008 OLD BARN CT CASTLE HAYNE, NC 28429 3008 OLD BARN CT CASTLE HAYNE
PHILBROOK MYRA405 BOUNTIFUL LN CASTLE HAYNE, NC 28429 405 BOUNTIFUL LN CASTLE HAYNE
RHEW CHRISTIAN C 3008 MEMORY LN CASTLE HAYNE, NC 28429 3008 MEMORY LN CASTLE HAYNE
RIVENBARK LANCEY R JR 500 BOUNTIFUL LN CASTLE HAYNE, NC 28429 500 BOUNTIFUL LN CASTLE HAYNE
ROGERS KATHY M420 BOUNTIFUL LN CASTLE HAYNE, NC 28429 420 BOUNTIFUL LN CASTLE HAYNE
ROWE MILLIE K 805 MARCH CT WILMINGTON, NC 28405 3004 THATCH CT CASTLE HAYNE
RUMPEL CHAD M ETAL 504 3RD ST NCAROLINA BEACH, NC 28428 2108 OAKLEY RD CASTLE HAYNE
SIMPSON JAMES C 2107 OAKLEY RD CASTLE HAYNE, NC 28429 2107 OAKLEY RD CASTLE HAYNE
SOTO JOSEPH L A 3005 OLD BARN CT CASTLE HAYNE, NC 28429 3005 OLD BARN CT CASTLE HAYNE
ST CLAIR MICHELE M LARRY D3101 OAKLEY CIR CASTLE HAYNE, NC 28429 3007 OAKLEY CIR CASTLE HAYNE
ST CLAIR MICHELE M LARRY D3101 OAKLEY CIR CASTLE HAYNE, NC 28429 3013 OAKLEY CIR CASTLE HAYNE
TRINITY TABERNACLE1423 ELMA ST SPRING LAKE, NC 28390 3137 OAKLEY CIR CASTLE HAYNE
TRUE VICTORY DELIVERENCE T 2 1423 ELMA ST SPRING LAKE, NC 28390 BOUNTIFUL LN CASTLE HAYNE
TURNER STEPHEN H MARY P 2111 OAKLEY RD CASTLE HAYNE, NC 28429 2111 OAKLEY RD CASTLE HAYNE
VERNON SCOTT 2126 OAKLEY RD CASTLE HAYNE, NC 28429 2126 OAKLEY RD CASTLE HAYNE
WHITMAN FRED A DORIS H505 BRADDOCK ST WILMINGTON, NC 28409 561 BOUNTIFUL LN CASTLE HAYNE
WORRELL LINDA3183 HALLSBORO RD NWHITEVILLE, NC 28472 2117 OAKLEY RD CASTLE HAYNE
WORRELL LINDA P3183 HALLSBORO RD NWHITEVILLE, NC 28472 2121 OAKLEY RD CASTLE HAYNE
Planning Board - July 12, 2018
ITEM: 2 - 7 - 14
P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz
Transmittal
May 11, 2018
To: Adjacent Property Owners
From: Cindee Wolf
Re: Bountiful Village - A Performance Residential Townhome Development
My clients are interested in developing a 54-unit residential community on lands within
the proximity of your property. This proposal would require a Conditional Zoning
District approval from New Hanover County.
A Conditional Zoning District allows particular uses to be established only in accordance
with specific standards and conditions pertaining to each individual development
project. Essentially, this means that only that use, structures and layout of an approved
proposal can be developed. A plan of the project layout is enclosed.
The County requires that the developer hold a meeting for all property owners within
500 feet of the tract boundary, and any and all other interested parties. This provides
neighbors with an opportunity for explanation of the proposal and for questions to be
answered concerning project improvements, benefits and impacts.
A meeting will be held on Wednesday, May 23rd, at the Wrightsboro Fire Station #11,
3515 N. Kerr Avenue, 6:00 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.
Planning Board - July 12, 2018
ITEM: 2 - 7 - 15
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PROPOSED
SITE PLAN
Planning Board - July 12, 2018
ITEM: 2 - 8 - 1
Planning Board - July 12, 2018
ITEM: 2 - 8 - 2
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NE W HAN O VE R C O UN T Y P LAN N IN G B O AR D
R E Q UE S T F OR B OAR D AC T IO N
ME E T IN G D AT E : 7/12/2018
R egular
D E PART ME N T: P lanning P R E S E N T E R (S ): Brad S chuler, C urrent P lanner
C O N TAC T (S ): Brad S c huler; Ben And rea, C urrent P lanning & Zoning S up ervisor; Ken Vafier, P lanning
Manager; and Wayne C lark, P lanning & Land Us e Directo r
S UB J E C T:
P ublic Hearing
Rezoning Request (Z18-10) - Request by Design S olutions on behalf of the property owner, J ames S teele
Williams, III, to rezone approximately 5 acres of land located in the 4300 block of Castle Hayne Road
from R-20, Residential District, to (C ZD) B-2, C onditional Highway B usiness District, in order to develop
a landscaping business.
B R IE F S UMMARY:
Design S olutions , o n b ehalf of the property owner, James S teele Williams , I I I , is reques ting to rezone
approximately 5 ac res of land lo cated in the 4300 C astle Hayne R o ad fro m R -20 to (C ZD) B-2 in o rd er to develo p
a landsc ap e c o ntracting bus iness.
T he property is p ro p o s ed to b e us ed as a management offic e for the bus ines s and a s taging area fo r employees
prior to leaving for off-s ite jobs. T he rear portio n of the p ro p erty, approximately 500 feet in length, will remain
undisturbed and p res erve the exis ting vegetation.
T he ap p licant has p ro vided trip generatio n es timates for the proposed d evelopment. T he p ro p o s al is not exp ected
to generate mo re than 100 peak hour trip s and therefore, ac c o rd ing to S ec tion 61.4 of the Zoning O rdinanc e, a
Traffic Imp act Analys is was not required to b e c o mp leted. Traffic impac ts will b e reviewed by NC DO T through
the d riveway p ermitting proc es s .
T he 2016 C o mp rehens ive Land Us e P lan classifies the s ubjec t p ro p erty as C ommunity Mixed Us e and
Employment C enter. C o mmunity Mixed Use foc uses on s mall-s cale, compac t, mixed us e develo p ment p atterns that
serve all mo d es of travel and ac t as an attracto r fo r c ounty res id ents and vis itors. Typ es o f appropriate uses includ e
offic e, retail, mixed us e, recreatio nal, commerc ial, ins titutio nal, and multi-family and single-family
residential. Employment C enter serves as employment and productio n hub s , where o ffice and light ind us trial us es
are predominant. C enters can inc lude res id ential, c ivic , and rec reatio nal uses, and c o mmercial us es designed to
serve the needs o f the emp lo yment center are ap p ro p riate.
T he proposed land s caping bus ines s offic e is generally C O N S IS T E N T with the C omprehensive P lan b ecaus e it is
a low-d ens ity co mmerc ial use that p ro vides emp loyment opportunities and is appropriately loc ated off a majo r ro ad
in a trans itional area b etween high intensity nodes .
S T R AT E G IC P LAN ALIG N ME N T:
Intelligent G rowth and Ec o nomic Develo p ment
Planning Board - July 12, 2018
ITEM: 3
R E C O MME N D E D MO T IO N AN D R E QUE S T E D AC T ION S :
S taff rec o mmends ap p ro val and s uggests the following motio n:
Mo tion to rec ommend approval, as the Bo ard find s that this reques t for a zo ning map amend ment fo r approximately
5 ac res from the R -20 d is tric t, to a C o nditional B-2 d is tric t, as d es c ribed is :
1. C ons is tent with the purp o s es and intent o f the 2016 C omprehensive P lan bec ause the p ro p o s ed landsc ap ing
bus iness is a lo w-dens ity c o mmercial use that provid es employment opportunities and is appropriately lo cated
off a major ro ad in a trans itional area between high intens ity no d es .
2. R easonab le and in the pub lic interest b ecaus e the p ro p o s ed d evelopment will support bus iness succ es s while
limiting impac ts to the surro und ing residential area b y p res erving exis ting vegetation.
C ond ition:
1. All exis ting vegetatio n lo c ated within required b uffer yards mus t be p res erved and sup p lemented as necessary
in order to p ro vide a fully o p aq ue s creen.
Alternative Motion for Approval/Denial:
Mo tion to rec o mmend [Ap p ro val/Denial], as the Board finds that this req ues t for a zoning map amend ment o f
approximately 5 ac res from the R -20 d is tric t, to a C ond itional B-2 d is tric t, as d es cribed is :
1. [C ons is tent/No t C ons is tent] with the p urposes and intent o f the 2016 C omprehensive P lan b ecaus e [Desc rib e
elements o f c o ntro lling land us e plans and how the amendment is or is no t cons is tent].
2. [R easonab le/Not R eas o nable] and in the pub lic interest b ec aus e [Briefly explain why. F ac tors may includ e
pub lic health and s afety, c harac ter of the area and relatio nship o f us es , ap p lic able plans , o r b alanc ing b enefits
and detriments ].
C ond itions : [List any agreed upon c o nditio ns]
C O UN T Y MAN AGE R'S C OMME N T S AN D R E C OMME N DAT ION S : (only Manager)
Planning Board - July 12, 2018
ITEM: 3
SCRIPT for Conditional Zoning District Application (Z18-10)
Request by Design Solutions on behalf of the property owner, James Steele Williams, III, to rezone
approximately 5 acres of land located in the 4300 block of Castle Hayne Road from R-20, Residential
District, to (CZD) B-2, Conditional Highway Business District, in order to develop a landscaping
business.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will
each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. 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 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 Board finds that this request for a zoning map amendment of
approximately 5 acres from the R-20 district, to a Conditional B-2 district, as described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed
landscaping business is a low-density commercial use that provides employment opportunities and is
appropriately located off a major arterial in a transitional area between high intensity nodes.
2. Reasonable and in the public interest because the proposed development will support business success
while limiting impacts to the surrounding residential area by preserving existing vegetation.
Condition:
1. All existing vegetation located within required buffer yards must be preserved and supplemented as
necessary in order to provide a fully opaque screen.
Alternative Motion for Approval/Denial:
Motion to recommend [Approval/Denial], as the Board finds that this request for a zoning map amendment
of approximately 5 acres from the R-20 district, to a Conditional B-2 district, as described is:
1. [Consistent/Not Consistent] with the purposes and intent of the 2016 Comprehensive Plan because
[Describe elements of controlling land use plans and how the amendment is or is not consistent].
Planning Board - July 12, 2018
ITEM: 3 - 1 - 1
2. [Reasonable/Not 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]
Planning Board - July 12, 2018
ITEM: 3 - 1 - 2
Z18-10 Staff Summary PB 7.12.2018 Page 1 of 7
STAFF SUMMARY FOR Z18-10
CONDITIONAL ZONING DISTRICT APPLICATION
APPLICATION SUMMARY
Case Number: Z18-10
Request:
Conditional B-2 Zoning District in order to develop a landscape contractor business.
Applicant: Property Owner(s):
Cindee Wolf of Design Solutions James Steele Williams, III
Location: Acreage:
4300 Castle Hayne Road 5 acres
PID(s): Comp Plan Place Type:
R01700-004-028-000 Community Mixed Use & Employment Center
Existing Land Use: Proposed Land Use:
Single-family dwelling Landscaping Contractor
Current Zoning: Proposed Zoning:
R-20 (CZD) B-2
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential, Equestrian Facility R-20, RA
East Single-Family Residential R-20, RA
South Single-Family Residential R-20
West Single-Family Residential, Undeveloped R-20
Planning Board - July 12, 2018
ITEM: 3 - 2 - 1
Z18-10 Staff Summary PB 7.12.2018 Page 2 of 7
ZONING HISTORY
July 1, 1985 Initially zoned R-20 (Castle Hayne)
COMMUNITY SERVICES
Water/Sewer Water and sewer service are not available through CFPUA. The
development must be served by private well and septic.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Castle Hayne
Schools
Castle Hayne Elementary, Eaton Elementary, Holly Shelter Middle, and
Laney High schools, however the proposed commercial use will not add new
students to the school system.
Recreation Northern Regional Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
PROPOSED SITE PLAN
This application proposes to develop a landscape contracting business that specializes in
landscape installation and lawn maintenance.
The property contains an existing single-family dwelling which is proposed to be converted
to an office for the business.
In addition to the office, the business will provide a staging area for employees prior to
leaving for off-site jobs. No retail activities are proposed, and per the applicant,
landscaping material and debris is not intended to be stored on the site.
Planning Board - July 12, 2018
ITEM: 3 - 2 - 2
Z18-10 Staff Summary PB 7.12.2018 Page 3 of 7
The rear portion of the property, approximately 500 feet in length, will remain undisturbed
and preserve the existing vegetation.
TRANSPORTATION
Access is provided to the subject property by Castle Hayne Road (NC 133).
The proposed development must obtain a driveway permit from NCDOT.
Trip Generation
LAND USE (ITE Code) INTENSITY AM PEAK PM PEAK
Local data based on proposed
business operation. 30 Employees 40 40
*The ITE Manual does not include a specific land use classification for the proposed landscape
contractor business. Therefore, the WMPO standard procedure is to use local business-specific data.
The above estimated trips are based on the number of employees and operation of the business. The
40 peak hour trips estimated to be generated from the business is below the 100 trip threshold that
would warrant a Traffic Impact Analysis to be conducted.
Planning Board - July 12, 2018
ITEM: 3 - 2 - 3
Z18-10 Staff Summary PB 7.12.2018 Page 4 of 7
Traffic Counts - 2017
Road Location Volume Capacity V/C
Castle Hayne Road 4700 Block 9,854 16,200 0.61
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Planning Board - July 12, 2018
ITEM: 3 - 2 - 4
Z18-10 Staff Summary PB 7.12.2018 Page 5 of 7
Regional Transportation Plans:
One project is included in State Transportation Improvement Program that will improve the portion
of Castle Hayne Road south of I-140:
STIP Project U-5863
o Widening of Castle Hayne Road to multi-lanes from I-140 to Division Drive. Right-of-
way acquisition is expected to begin in 2021 and construction is expected to begin in
2023.
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses will expire if the proposed development is not completed by the build out date
established within the TIA. Listed below are projects within a one-mile radius from the subject site that
are currently drafting a TIA or have completed a TIA within the last five years.
Proposed
Development Land Use/Intensity TIA Status
1. Parsons Mills 204 single-family dwellings
150 townhomes
Approved February 26,
2014
2018 Build Out Year
The TIA required improvements be completed at the below instersections. The major
improvements consisted of:
North College at Parmele
o Installation of an eastbound right turn lane
North College at Site Access
o Installation of a southbound right turn lane
o Installation of a northbound left turn lane
o Installation of the site access with one entering lane and two exiting lanes
Nearby Proposed Developments included within the TIA:
None
Development Status: Subdivision Infrastructure Under Construction
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas, wetlands, or Natural
Heritage Areas.
The property is within the Prince George Creek (C;Sw) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class II (moderate limitation) and Class III (severe limitation) soils.
Planning Board - July 12, 2018
ITEM: 3 - 2 - 5
Z18-10 Staff Summary PB 7.12.2018 Page 6 of 7
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the
vision for New Hanover County’s future land use, as designated by place types describing
the character and function of the different types of development that make up the
community. Specific goals of the comprehensive plan are designated to be promoted in
each place type, and other goals may be relevant for particular properties.
Future Land Use
Map Place Type Community Mixed Use & Employment Center
Place Type
Description
Community Mixed Use: Focuses on small-scale, compact, mixed use
development patterns that serve all modes of travel and act as an attractor
for county residents and visitors. Types of appropriate uses include office,
retail, mixed use, recreational, commercial, institutional, and multi-family
and single-family residential.
Employment Center: Serve as employment and production hubs, where
office and light industrial uses are predominant. Centers can include
residential, civic, and recreational uses, and commercial uses designed to
serve the needs of the employment center are appropriate.
Planning Board - July 12, 2018
ITEM: 3 - 2 - 6
Z18-10 Staff Summary PB 7.12.2018 Page 7 of 7
Analysis
The subject property is located along a major road between GE, where the
Comprehensive Plan envisions a high density node, and Castle Hayne’s
commercial center. Several commercial operations are located along the
section of the Castle Hayne corridor between Hermitage Road and
Crowatan Road where this property is located, creating a small node of
non-residential uses.
While this property falls within both Community Mixed Use and Employment
Center place types, the use itself is located in the Community Mixed Use
portion of the lot. Community Mixed Use areas are generally intended to
include a mixture of uses and support multiple modes of transportation.
These features become more important at major intersections where mixed
use nodes can be created. In transitional areas between major intersections
and/or higher density nodes, lower density commercial uses that provide
services for nearby residents are appropriate.
This property is part of a small commercial service node with uses similar to
the contractor office proposed, and this portion of the Castle Hayne corridor
does serve as a transition between the higher intensity GE node and
“downtown” Castle Hayne. No off-road multi-modal infrastructure is
planned for this corridor.
Consistency
Recommendation
The proposed landscaping business office is generally CONSISTENT with
this place type because this type of low-density commercial use provides
employment opportunities and is appropriate due to its location off a major
road in a transitional area between high intensity nodes.
STAFF RECOMMENDATION
Staff recommends approval of the application with conditions. Staff concludes that the
application is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the
proposed landscaping business is a low-density commercial use that provides employment
opportunities and is appropriately located off a major road in a transitional area between
high intensity nodes.
2. Reasonable and in the public interest because the proposed development will support
business success while limiting impacts to the surrounding residential area by preserving
existing vegetation.
Condition:
1. All existing vegetation located within required buffer yards must be preserved and
supplemented as necessary in order to provide a fully opaque screen.
Planning Board - July 12, 2018
ITEM: 3 - 2 - 7
HERMITAGERD
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O&I
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Z18-10
Parcels within 500 Feet of Case Site
Case:
Z18-10
Existing Zoning/Use:Proposed Zoning/UseSite Address:
4300 Castle Hayne Rd R-20/
Single-Family Dwelling
(CZD) B-2/
Landscaping Business
1,000
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R
Physical Address
4232 CASTLE HAYNE RD
311 HERMITAGE RD
300 HERMITAGE RD
4219 CASTLE HAYNE RD
4331 CASTLE HAYNE RD
4327 CASTLE HAYNE RD
4229 CASTLE HAYNE RD
4229 CASTLE HAYNE RD
4315 CASTLE HAYNE RD
4247 CASTLE HAYNE RD
4228 CASTLE HAYNE RD
4236 CASTLE HAYNE RD
4222 CASTLE HAYNE RD
4224 CASTLE HAYNE RD
4242 CASTLE HAYNE RD
4300 CASTLE HAYNE RD
4324 CASTLE HAYNE RD
307 HERMITAGE RD
4230 CASTLE HAYNE RD
206 GOFF DR
204 GOFF DR
303 GOFF DR
304 GOFF DR
4326 CASTLE HAYNE RD
4342 CASTLE HAYNE RD
203 GOFF DR
210 CROWATAN RD
Z18-10
Planning Board - July 12, 2018
ITEM: 3 - 3 - 1
CUD
R-10
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Z18-10
Case:
Z18-10
Existing Zoning/Use:Proposed Zoning/UseSite Address:
4300 Castle Hayne Rd R-20/
Single-Family Dwelling
(CZD) B-2/
Landscaping Business
Zoning Districts
SHOD
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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SC
Incorporated Areas
Indicates Conditional Use District (CUD)
Indicates Conditional Zoning District (CZD)
See Section 55.1 of the Zoning OrdinanceCOD
Sewer Collector
Water Distribution Main
1,000
Feet
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Planning Board - July 12, 2018
ITEM: 3 - 4 - 1
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EMPLOYMENT
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MIXED USE
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Z18-10 Place Types
Commerce Zone
Employment Center
General Residential
Urban Mixed Use
Community Mixed Use
Rural Residential
Conservation
Case:
Z18-10
Existing Zoning/Use:Proposed Zoning/UseSite Address:
4300 Castle Hayne Rd R-20/
Single-Family Dwelling
(CZD) B-2/
Landscaping Business
1,000
Feet
R
Planning Board - July 12, 2018
ITEM: 3 - 5 - 1
APPLICANT
MATERIALS
Planning Board - July 12, 2018
ITEM: 3 - 6 - 1
Planning Board - July 12, 2018
ITEM: 3 - 6 - 2
Planning Board - July 12, 2018
ITEM: 3 - 7 - 1
Page 4 of 7
Conditional Zoning District Application – Updated 5/2017
Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: ______________________ Total Acreage of Proposed District: __________
Only uses allowed by right in the corresponding General Use District are eligible for consideration within a Conditional
Zoning District. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose
of the district, and a project narrative (please provide additional pages if needed).
________________________________________________________
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Proposed Condition(s)
Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the
development and use of the property than the corresponding General Use District regulations may be added. These
conditions may assist in mitigating the impacts the proposed development may have on the surrounding community.
Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board,
and Board of Commissioners may propose additional conditions during the review process.
________________________________________________________
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B-2 5.00
Theproposeduseisabusinessofficeandfacilitiesforalandscapecontractor.HoursofoperationareMonday
thruFriday,7:00a.m.-6:30p.m.Twenty-five(25)tothirty(30)employeesarriveeachdayandmostleaveinthe
eight(8)toten(10)companytrucksforoff-sitejobassignments.Administrationstaffwilloccupytheexisting
structureformanagementoperations.Nonewbuildingsareproposed.Referenceattachedplanforsitelayout.
AdrivewaypermitwillberequiredbytheNCDOTforsafeingress&egressfromthesite.Agravelparkingarea
willbeimprovedforthecompanytrucksandemployeevehiclesleftduringthedays.Thenon-conformingsetback
oftheexistingstructurewillbemitigatedwithstreetyardandfoundationplantings.Existingvegetationthroughout
thetractwillbemaintainedandsupplementedasnecessarytoassurevisualbufferingbetweenandproposeduse
andtheneighboringresidentialzoningdistricts.
Referencetheattachedplanforsitelayout.Tripgenerationisminimal,soaTrafficImpactAnalysisisnotrequired.
However,necessaryimprovementstomitigatetrafficenteringandexitingthebusinesswouldbeevaluatedby
NCDOTduringreviewandapprovalofaDrivewayPermit.Existingvegetationwillbeleftundisturbedand
supplementedasnecessarytoprovidevisualscreeningfromadjacentresidentialdistricts.Streetyard,interior
parkingareaandfoundationplantingswillbebroughtuptocurrentOrdinancestandardsandaddtothevisual
appealoftheproject.
Planning Board - July 12, 2018
ITEM: 3 - 7 - 2
Page 5 of 7
Conditional Zoning District Application – Updated 5/2017
Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of
the Institute of Transportation Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed
for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this
application.
ITE Land Use: _________________________________________________________________________________
Trip Generation Use and Variable (gross floor area, dwelling units, etc.): __________________________________
AM Peak Hour Trips: ___________________________ PM Peak Hour Trips: ______________________________
CONSIDERATION OF A CONDITIONAL ZONING DISTRICT
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective and where only a specific
use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of very
dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can
create a more orderly transition benefiting all affected parties and the community-at-large. The applicant must
explain, with reference to attached plans (where applicable), how the proposed Conditional Use Zoning District
meets the following criteria.
1. How would the requested change be consistent with the County’s policies for growth and development? (For
example: the Comprehensive Plan and applicable small area plans)
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
2. How would the requested Conditional Zoning District be consistent with the property’s classification on the
Future Land Use Map located within the Comprehensive Plan?
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is
the land involved unsuitable for the uses permitted under the existing zoning?
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
SINGLE-TENANTOFFICE (ITE-715)
EMPLOYEES (30)
1615
Thegoalsforavibranteconomyencouragecontinuedeffortstoattractandretainbusinesses.Theproperty
isinaruralareaoftheCounty,andotherpropertiesinthevicinityarealreadyzonedforsimilarindustrial
and/ormoreruralbusinessuses.Theproposedusewillserveasinfilldevelopmentalongamajorhighway
corridor.
TheCommunityMixed-useplace-typefocusesondevelopmentpatternswithhigherdensities.The
EmploymentCenterplace-typealsosuggeststheappropriatenessformoreindustrialusesthathavegood
accessibilitytoareasoutsidetheirboundaries.
Thetractlocation,narrowwidthandextensivedepthmakethepropertylessattractiveforanykindof
residentialdevelopment.Althoughanenterprisesuchasawholesalenurserywouldalreadybepermittedin
theexistingR-20district,landscapingcontractorfacilitiesarelimitedtobusinessandindustrialdistricts.
Planning Board - July 12, 2018
ITEM: 3 - 7 - 3
Planning Board - July 12, 2018
ITEM: 3 - 7 - 4
Planning Board - July 12, 2018
ITEM: 3 - 7 - 5
Legal Description for
Conditional Zoning District
Beginning at a point in the southeastern boundary of Castle Hayne Road (U.S. Hwy. 117); said
point being 30 feet perpendicular from the centerline; said point also being at the common
corner between Lot 15 and Lot 16 – Castle Gardens, a division recorded among the land records
of the New Hanover County Registry in Map Book 2, at Page 117; and running thence:
South 32049’ East, 1318 feet to a point; thence
South 57011’ West, 165.3 feet to a point; thence
North 32049” West, 1318 feet to a point in the southeastern boundary of Castle Hayne Road;
thence with that right‐of‐way,
North 57011’ East, 165.3 feet to the point and place of beginning, containing 5.00 acres,
more or less.
Planning Board - July 12, 2018
ITEM: 3 - 7 - 6
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Project Name: Sweetwater Landscapes
Proposed Zoning: R-20 to (CZD) I-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 Department for notice of the Sunshine List on
May 30, 2018 . A copy of the written notice is also attached.
The meeting was held at the following time and place: Monday, June 11, 2018;
6:30 p.m.; on-site at 4300 Castle Hayne Road.
The persons in attendance at the meeting were: Reference attached sign-in List
The following issues were discussed at the meeting: A brief explanation of the purpose of
conditional rezoning was given. The only question by an adjacent property owner to the
rear was concerning vegetation clearing and buffering. They were shown notes on the plan
that define the limits of disturbance.
As a result of the meeting, the following changes were made to the rezoning petition: None
Date: June 12, 2018
Applicant: Design Solutions
By: Cindee Wolf
Planning Board - July 12, 2018
ITEM: 3 - 7 - 7
Planning Board - July 12, 2018
ITEM: 3 - 7 - 8
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P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz
Transmittal
May 30, 2018
To: Adjacent Property Owners
From: Cindee Wolf
Re: Sweetwater Landscapes
Sweetwater Landscapes is an established landscape installation & maintenance
company in the Triangle area, and wishes to locate another office here in Wilmington.
They are interested in using the structure and lands at 4300 Castle Hayne Road for their
local facility. The parcel is within the proximity of your property. This proposal would
require a Conditional Zoning District approval from New Hanover County.
A Conditional Zoning District allows particular uses to be established only in accordance
with specific standards and conditions pertaining to each individual development
project. Essentially, this means that only that use, structures and layout of an approved
proposal can be developed.
The County requires that the developer hold a meeting for all property owners within
500 feet of the tract boundary, and any and all other interested parties. This provides
neighbors with an opportunity for explanation of the proposal and for questions to be
answered concerning project improvements, benefits and impacts.
A meeting will be held on Monday, June 11th, at the site, 4300 Castle Hayne Road, 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.
Planning Board - July 12, 2018
ITEM: 3 - 7 - 11
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Planning Board - July 12, 2018
ITEM: 3 - 7 - 13
PROPOSED
SITE PLAN
Planning Board - July 12, 2018
ITEM: 3 - 8 - 1
Planning Board - July 12, 2018
ITEM: 3 - 8 - 2
Planning Board - July 12, 2018
ITEM: 3 - 9 - 1