06062019 June PB Agenda Packet
JUNE 6, 201 9 6:00 P.M.
Meeting Called To Order (Chairman Jordy Rawl)
Pledge of Allegiance (Ken Vafier, Planning Manager)
Approval of Minutes
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substantial changes in these petitions as a result of
objections, debate, and discussion at the meeting, including rezoning to other
classifications.
1. Public Hearing
Rezoning & Special Use Permit Request (Z19-03) – Request by Cameron Management, on
behalf of the property owner, Drypond Partners, LLC, to:
A. Rezone approximately 25.94 acres of land located in the 4400 block of S. College Road,
from R-15, Residential District, to (CUD) R-10, Conditional Use Residential District; and
B. Obtain a special use permit for a high density development consisting of 324 dwelling
units within the area proposed to be rezoned.
2. Public Hearing
Rezoning Request (Z19-07) – Request by Parker & Associates, on behalf of the property
owner, Clearly Development, Inc., to rezone approximately 47.58 acres of land located
near the 2500-2600 block of Castle Hayne Road, from R-15, Residential District, to R-10,
Residential District.
3. Public Hearing
Rezoning Request (Z19-08) – Request by Eastern Carolinas Commercial Real Estate, on
behalf of the property owner, Ogden-New Hanover Volunteer Emergency Medical
Service, Inc., to rezone approximately 8.43 acres of land located at 4450 and 4580
Carolina Beach Road, from R-15, Residential District, to B-2, Highway Business District.
4. Public Hearing
Special Use Permit Request (S19-01) – Request by E85 Transport, LLC, on behalf of the
property owner, Jack Carlisle, to obtain a special use permit for a cemetery for family
members on an approximately 15.88-acre parcel located at 8640 River Road.
OTHER ITEMS
Adjournment
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: 6/6/2019
R egular
D E PART ME N T: P lanning P R E S E N T E R (S ): Brad S c huler, S enio r P lanner
C O N TAC T (S ): Brad S c huler; Wayne C lark, P lanning & Land Us e Directo r
S UB J E C T:
P ublic Hearing & Quasi-J udicial Hearing
Rezoning & S pecial Use P ermit Request (Z19-03) – Request by Cameron Management, on behalf of the
property owner, Drypond Partners, LLC, to:
A. Rezone approximately 25.94 acres of land located in the 4400 block of S . College Road, from R-15,
Residential District, to (C UD) R-10, Conditional Use R esidential District; and
B. Obtain a special use permit for a high density development consisting of 324 dwelling units within the
area proposed to be rezoned.
B R IE F S UMMARY:
C ameron Management is seeking to rezone 25.94 acres o f land lo cated in the 4400 b lo ck of S . C o llege R oad fro m
R -15 to (C UD) R -10, and a s p ecial use p ermit to c o ns truc t a multi-family develo p ment c o nsisting of 192 units.
T he subject property is part of an approximate 133-acre parent parcel that has been developed under unified-
ownership. T he W hiskey Branch performance residential development, located on the eastern 71 acres of the of the
tract, consists of 74 single-family dwellings, 56 duplexes, and 26 townhomes for a total of 156 dwelling units. T hat
development is currently under construction with 118 lots being platted at this time.
T he applicant proposes to rezone approximately 25.94 acres of the 133-acre tract from R -15 to a C onditional U se R -10
district in order to develop the multi-family project. T he project will consist of 162 one-bedroom units, and 162 two-
bedroom units. T he Z oning O rdinance requires opaque buffers to be provided along property lines that abut residential
uses and zoning. I n addition, the apartment buildings must be setback a distance equal to the building’s height (not to
exceed 40 feet) where adjacent to existing detached residential development. T he closest proposed building to a single-
family lot is approximately 85 feet away.
Ac cess is provid ed to the s ubjec t p ro p erty by S . C o llege R o ad (NC 132). R o ad way c o nnectio ns will als o be mad e
to exis ting s tub s treets in W hiskey Branch (W hiskey Branch Drive) and F ox R un (Bullitt Lane), ho wever gates are
either installed or p lanned at both connec tions .
A Traffic Imp act Analys is (T I A) was completed and ap p ro ved b y the W MP O and NC DO T for the entire W his key
Branc h projec t cons is ting of single-family dwellings , to wnhomes, multi-family units, and c ommerc ial d evelopment.
T he c o mmercial develo p ment is no t being proposed at this time and would req uire a rezo ning prior to any
c o nstruc tion. T hat T IA is currently b eing up d ated to adjus t the phas ing of the projec t and to analyze alternative
ac cess points on S . C ollege Drive. N C D O T and the W M P O are currently reviewing the T I A and have not yet
determined the approved access points or required improvements. I f this application is approved, the project must
install all applicable roadway improvements in accordance with N C D O T ’s standards prior to final approvals being
issued.
Planning Board - June 6, 2019
ITEM: 1
T he 2016 C omprehens ive P lan d es ignates the sub ject property as G eneral R esidential, the intent of whic h is to
provid e o p p o rtunities for s imilar lo wer dens ity res id ential develo p ment and s upportive c o mmercial, c ivic , and
rec reational develo p ment. T he property is als o loc ated immed iately adjac ent to the C ommunity Mixed Us e P lac e
Type, whic h fo cus es on small-sc ale, compac t, mixed us e d evelopment p atterns that s erve all modes o f travel and act
as an attracto r for county res id ents and vis itors.
Becaus e of the general nature o f plac e typ e borders, whic h were no t intend ed to be abs olute and fixed like zoning
districts , p arcels loc ated in p ro ximity to the b o und aries between plac e typ es c o uld b e appropriately develo ped in
ac cordance with either plac e type. T his allo ws fo r site-s p ecific features and evolving develo p ment p atterns in the
surro und ing area to b e c o nsidered.
W hile the p ro p o s ed develo p ment is no t c o nsistent with the preferred dens ity range of the G eneral R es idential plac e
type, it is generally C O N S IS T E N T with the C o mp rehens ive P lan’s intent of providing an orderly transitio n o f
us es from higher intens ity to lower intens ity areas and p ro viding fo r a range of housing typ es . T he p ro p o s ed
develo p ment is als o cons is tent with the recommended us es and dens ities of the C ommunity Mixed Use plac e typ e
adjac ent to the s ite.
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 :
A. R E ZO N IN G R E QUE S T
S taff rec o mmends ap p ro val and s uggests the following motio n:
I move to A P P R O V E the proposed rezoning of the subject property to a C onditional U se R -10 district. I find it
to be C O N S I S TEN T with the purposes and intent of the C omprehensive P lan because it will p ro vide an orderly
transitio n of us es from higher intensity areas lo cated alo ng major roadways to lo wer intens ity areas. I also find
A P P R O VA L of the rezoning request is reasonable and in the public interest because the prop o s al s upports
opportunities fo r more affo rd ab le ho using and as s is ts with provid ing a range of hous ing types to the area.
Alternative M otion for Approval/Denial:
I move to [Approve/D eny] the proposed rezoning of the subject property included in this application to a
C onditional U se R -10 district. I find it to be [C onsistent/I nconsistent] with the purposes and intent of the
C omprehensive P lan because [insert reasons]. I also find [Approval/D enial] of the rezoning request is reasonable
and in the public interest because [insert reasons].
B. S P E C IAL US E P E R MIT R E QUE S T
E xample M otion for Approval:
M otion to recommend approval, as the B oard finds that this application for a S pecial Use P ermit meets the four
required conclusions based on the findings of fact included in the S taff S ummary.
[O P TI O N A L ] N ote any additional findings of fact related to the four required conclusions.
Planning Board - June 6, 2019
ITEM: 1
[O P TI O N A L ] Also, that the following conditions be added to the development:
[L i st C ondi ti ons]
E xample M otion for Denial:
M otion to recommend denial, as the Board canno t find that this proposal:
1. Will not materially endanger the public health or safety;
2. M eets all required conditions and specifications of the Z oning O rdinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for N ew
H anover C ounty.
[S tate the fi ndi ng(s) that the appli cati on does not meet and i nclude reasons why i t i s not bei ng met]
*T he B oard shall i mmedi ately resci nd thei r approval of the C ondi ti onal U se D i stri ct i f the compani on S U P i s
deni ed.
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 - June 6, 2019
ITEM: 1
Conditional Use Zoning District Application (Z19-03)
A. REZONING SCRIPT
Request by Cameron Management, on behalf of the property owner, Drypond Partners, LLC, to rezone
approximately 25.94 acres of land located in the 4400 block of S. College Road, from R-15, Residential
District, to (CUD) R-10, Conditional Use 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 an additional 5 minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Vote on the application. The motion should include a statement saying how the change is, or is not,
consistent with the land use plan and why approval or denial of the rezoning request is reasonable and
in the public interest.
Staff Suggested Motion:
I move to APPROVE the proposed rezoning of the subject property included in this application to a
Conditional Use R-10 district. I find it to be CONSISTENT with the purposes and intent of the
Comprehensive Plan because [insert reasons]. I also find APPROVAL of the rezoning request is
reasonable and in the public interest because [insert reasons].
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning of the subject property included in this application
to a Conditional Use R-10 district. I find it to be [Consistent/Inconsistent] with the purposes and intent
of the Comprehensive Plan because [insert reasons] ________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because
[insert reasons]
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Planning Board - June 6, 2019
ITEM: 1 - 1 - 1
Conditional Use Zoning District Application (Z19-03)
B. SPECIAL USE PERMIT SCRIPT
Request by Cameron Management, on behalf of the property owner, Drypond Partners, LLC, to obtain
a special use permit for high density development consisting of 324 dwelling units on 25.94 acres of
land located in the 4400 block of S. College Road.
1. Swear witnesses: Announce that “the Special Use Permit process requires a quasi-judicial hearing;
therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish
to present competent and material testimony please step forward to be sworn in. Thank you.”
2. This is a quasi-judicial hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for
rebuttal.
3. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
4. Close the hearing
5. Board discussion
6. Ask Applicant whether he/she agrees with staff findings and any proposed conditions.
7. Vote on the Special Use Permit application.
Motion to recommend approval of the permit - All findings are positive.
Motion to recommend approval of the permit, subject to conditions specified below:
(State Conditions)
________________________________________________________________________
________________________________________________________________________
Motion to recommend denial of the permit because the Board cannot find:
a. That the use will not materially endanger the public health or safety if located where
proposed for the following reason:
____________________________________________________________________
____________________________________________________________________
b. That the use meets all required condition and specifications:
____________________________________________________________________
____________________________________________________________________
Planning Board - June 6, 2019
ITEM: 1 - 2 - 1
c. That the use will not substantially injure the value of adjoining or abutting property, or
that the use is a public necessity:
____________________________________________________________________
____________________________________________________________________
d. That the location and character of the use if developed according to the plan submitted
and approved will be in harmony with the area in which it is located and is in general
conformity with the plan of development for New Hanover County:
____________________________________________________________________
____________________________________________________________________
Example Motion for Approval:
Motion to recommend approval, as the Board finds that this application for a Special Use Permit meets
the four required conclusions based on the findings of fact included in the Staff Summary.
[OPTIONAL] Note any additional findings of fact related to the four required conclusions.
[OPTIONAL] Also, that the following conditions be added to the development:
[List Conditions]
Example Motion for Denial:
Motion to recommend denial, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Zoning Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the surrounding area, and is in general conformity of the plans of
development for New Hanover County.
[State the finding(s) that the application does not meet and include reasons why it is not being met]
*The Board shall immediately rescind their approval of the Conditional Use District if the companion
SUP is denied.
Planning Board - June 6, 2019
ITEM: 1 - 2 - 2
Z19-03 Staff Summary PB 6.6.2019 Page 1 of 13
STAFF REPORT FOR Z19-03
CONDITIONAL USE ZONING DISTRICT APPLICATION
CONDITIONAL USE ZONING OVERVIEW
According to David Owens with the UNC School of Government, a conditional use district
(CUD) is a zoning district “that has no permitted uses, only special or conditional uses.”
There are no by-right uses within a conditional use district. Due to this, the County’s Zoning
Ordinance requires that applications to rezone land to a conditional use district must include
the proposed land use(s) as failure to do so would create a zoning district without any
permitted uses. The proposed land use(s) would then be subject to the process for
reviewing a special use permit.
Applications for conditional use district are broken down into two decisions. The first being
on the rezoning to the conditional use district (a legislative decision), and the second on the
special use permit for the proposed use (a quasi-judicial decision).
Decisions which are legislative are policy decisions made by the Board of Commissioners.
The Board may take into account both opinions and facts when considering legislative
rezoning proposals. In making a decision on a legislative rezoning, the Board must state
whether the proposal is or is not consistent with the Comprehensive Plan, and if the Board’s
action of approving or denying the request is reasonable and in the public interest.
Quasi-judicial decisions, on the other hand, must be based only on competent, material,
and substantial evidence presented at the hearing. Only parties with standing should
present evidence to the Board, and that testimony should relate to the four conclusions
required for a special use permit to be granted. In some situations, the only competent
evidence is provided by someone regarded as an expert in the subject field.
In order for a conditional use district to be approved, the Board of Commissioners must
approve both the rezoning and special use permit for the proposed use.
APPLICATION SUMMARY
Case Number: Z19-03
Request:
A) Rezoning to a Conditional Use R-10 Zoning District
B) Special Use Permit for a high density development consisting of 324 dwelling units
Applicant: Property Owner(s):
Hill Rogers – Cameron Management Drypond Partners, LLC
Location: Acreage:
4400 block of S. College Road 25.94
PID(s): Comp Plan Place Type:
R07100-004-004-000 General Residential
Existing Land Use: Proposed Land Use:
Undeveloped Multi-family (“high density” development)
Current Zoning: Proposed Zoning:
R-15 (CUD) R-10
Planning Board - June 6, 2019
ITEM: 1 - 3 - 1
Z19-03 Staff Summary PB 6.6.2019 Page 2 of 13
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential (Fox Run) R-15
East Single-Family Residential (Whiskey Branch) R-15
South Single-Family Residential, proposed Townhome Units
(Whiskey Branch) R-15
West Undeveloped, S. College Road, Multi-Family Residential R-15
ZONING HISTORY
October 15, 1969 Initially zoned R-15 (Area Masonboro)
Planning Board - June 6, 2019
ITEM: 1 - 3 - 2
Z19-03 Staff Summary PB 6.6.2019 Page 3 of 13
COMMUNITY SERVICES
Water/Sewer Water and sewer services are available through CFPUA.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Station Myrtle Grove
Schools Bellamy Elementary, Codington Elementary, Myrtle Grove Middle, and
Ashley High Schools
Recreation Hugh MacRae Park, Trails End Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - June 6, 2019
ITEM: 1 - 3 - 3
Z19-03 Staff Summary PB 6.6.2019 Page 4 of 13
A. Z19-03 REZONING REQUEST
The subject property is part of an approximate 133-acre parent parcel that has been
developed under unified-ownership. The Whiskey Branch performance residential
development, located on the eastern 71 acres of the of the tract, consists of 74 single-family
dwellings, 56 duplexes, and 26 townhomes for a total of 156 dwelling units. That
development is currently under construction with 118 lots being platted at this time. A Traffic
Impact Analysis completed for the entire property in 2017, included the 156 dwelling units,
250 multi-family units, and indicated that 150,000 sq. ft. of retail and 50,000 sq. ft. of
general office is planned for the western portion of the property fronting S. College Road.
The commercial development is not being proposed at this time and would require a
rezoning prior to any construction.
The applicant proposes to rezone approximately 25.94 acres of the 133-acre tract from
R-15 to a Conditional Use R-10 district in order to develop a multi-family project consisting
of 324 dwelling units. As currently zoned, the subject site would be permitted 65 dwelling
units under the performance residential standards and 265 units with a high density special
use permit.
R-15 R-10 Proposed CUD
Min Lot Size
(Conventional) 15,000 sf 10,000 sf N/A
Max Density
2.5 du/ac
(Performance)
10.2 du/ac
(High Density)
3.3 du/ac
(Performance)
17 du/ac
(High Density)
12.5 du/ac
Max Dwelling
Units for Subject
Property
65 (Performance)
265 (High Density)
86 (Performance)
441 (High Density)
324
Planning Board - June 6, 2019
ITEM: 1 - 3 - 4
Z19-03 Staff Summary PB 6.6.2019 Page 5 of 13
TRANSPORTATION
Access is provided to the subject property by S. College Road (NC 132). Roadway
connections will also be made to existing stub streets in Whiskey Branch (Whiskey Branch
Drive) and Fox Run (Bullitt Lane), however gates are either installed or planned at both
connections. The proposed gate at Bullitt Lane will be within the proposed multi-family
development and will restrict access to allow for only emergency vehicles. The gate at
Whiskey Branch Drive is existing and will be controlled by the subdivision’s Home Owners’
Association to provide for emergency vehicle access.
Traffic Counts – 2018
Road Location Volume Capacity V/C
S. College Road
5200 block (approx. quarter
mile north of Carolina Beach
Road)
32,452 29,300 1.11
S. College Road 3700 block (south of 17th
Street) 47,124 43,700 1.08
Trip Generation
LAND USE (ITE Code) INTENSITY AM PEAK PM PEAK DAILY
Multi-Family Housing – Mid Rise
(221) 325 dwelling units 137 143 1,770
As currently zoned, R-15, the subject site would be permitted a maximum of 65 dwelling
units under the performance residential standards. A detached single-family dwelling
typically generates about one trip during the peak hours. With this zoning, the property
is estimated to currently generate approximately 65 trips during the peak hours. The
proposed rezoning to allow 324 multi-family units is estimated to increase the number of
trips generate for a total estimated 137 AM peak hour trips and 143 PM peak hour trips.
A Traffic Impact Analysis (TIA) was completed and approved by the WMPO and NCDOT
for the entire Whiskey Branch project consisting of single-family dwellings, townhomes,
multi-family units, and commercial development. That TIA is currently being updated to
adjust the phasing of the project and to analyze alternative access points on S. College
Drive. The TIA can be found online at the County’s Development Activity Page:
http://planningdevelopment.nhcgov.com/development-activity/
The updated TIA examines two scenarios with different access points to S. College Road
and provides recommended improvements for each scenario. While the recommended
improvements vary per scenario, both contain the installation of multiple turn lanes along
S. College Road, including new u-turn lanes near Weybridge Lane in Fox Run (see exhibits
on the next page). The TIA recommends improvements be made for the proposed multi-
family project, including the installation of a right turn lane(s) on S. College Road at the
access points proposed in each scenario.
NCDOT and the WMPO are currently reviewing the TIA and have not yet determined the
approved scenario or required improvements. If this application is approved, the project
must install all applicable roadway improvements in accordance with NCDOT’s standards
prior to final approvals being issued.
Planning Board - June 6, 2019
ITEM: 1 - 3 - 5
Z19-03 Staff Summary PB 6.6.2019 Page 6 of 13
Alternative 1 (Previously Approved by NCDOT)
Alternative #4 (Proposed by Applicant & Under Review by NCDOT)
Planning Board - June 6, 2019
ITEM: 1 - 3 - 6
Z19-03 Staff Summary PB 6.6.2019 Page 7 of 13
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
STIP Project U-5702B
o Proposal that will install access management and travel time improvements to S. College
Road from Shipyard Boulevard to Carolina Beach Road. This project is currently
unfunded.
STIP Project U-5790
o Proposal that will convert the intersection of Carolina Beach Road/Piner Road and
College Road to a continuous flow intersection and widen a portion of Carolina Beach
Road south of that intersection. Continuous flow intersections permit more efficient travel
movements and help alleviate congestion by allowing more of the main street’s traffic
to move through the intersection. Construction of the project is expected to start in 2025.
Planning Board - June 6, 2019
ITEM: 1 - 3 - 7
Z19-03 Staff Summary PB 6.6.2019 Page 8 of 13
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Proposed
Development Land Use/Intensity TIA Status
1. Whiskey Branch
Phase 1A: 88 Single-Family
Dwellings, 82 Townhomes
Phase 1B: 325 Apartments
Phase 2: 50,000 sq. ft. of
General Office, 150,000
sq. ft. of Shopping Center
TIA originally approved
August 25, 2017
Update of TIA is currently
under review
The TIA recommended improvements be completed at certain intersections in the area. The
notable recommendations consisted of:
Installation of turn lanes on S. College Drive at the site’s access points.
Installation of u-turn lanes north of the site’s access points near Weybridge Lane.
Monitor certain turning movements for signalization and install once warranted and
approved by NCDOT.
Nearby Proposed Developments included within the TIA:
None.
Development Status: Phase 1A is under construction. 118 lots have been platted. All
improvements required at this time have been installed.
ENVIRONMENTAL
The property is not within a Natural Heritage Area or Special Flood Hazard Area.
The property is within the Whiskey Creek (SA;HQW) 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,
however, the project will connect to available CFPUA sewer services.
Planning Board - June 6, 2019
ITEM: 1 - 3 - 8
Z19-03 Staff Summary PB 6.6.2019 Page 9 of 13
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. Types of uses
include single-family residential, low-density multi-family residential, light
commercial, civic, and recreational.
Analysis
The subject parcel is located along the S. College Road corridor roughly
halfway between the major commercial node at the Monkey Junction
intersection and the commercial node at 17th Street within the City of
Wilmington. It is the largest undeveloped tract remaining in the
unincorporated county north of Monkey Junction, and the Comprehensive
Plan designates the portion of it closest to S. College Rd. as a Community
Mixed Use place and the eastern portion as General Residential.
Unlike many of the highway corridors in New Hanover County, this portion
of S. College Rd. is not uniformly designated as Community Mixed Use along
the roadway due to historic residential development patterns that limit
opportunities for mixed use development. This parcel is one of the few
properties on the east side of S. College Rd. between Monkey Junction and
the city where the type of community-scale mixed use project envisioned for
Community Mixed Use places is possible.
Planning Board - June 6, 2019
ITEM: 1 - 3 - 9
Z19-03 Staff Summary PB 6.6.2019 Page 10 of 13
The subject property is designated as General Residential, the intent of
which is to preserve existing residential neighborhoods and provide
opportunities for similar lower density residential development and
supportive commercial, civic, and recreational development. Because of the
general nature of place type borders, sites located in proximity to the
boundaries between place types could be appropriately developed in
accordance with either place type.
The proposed development site is located in a transitional area, and the
moderate density development proposed in this rezoning could function as
an orderly transition between the existing low intensity uses and the
potentially high-intensity uses along the corridor. Its densities are in line with
those recommended for residential developments in Community Mixed Use
areas, and the project is designed to ensure adequate buffers and
separations from adjacent residential neighborhoods. In addition, this type
of development more efficiently uses the limited land resources available in
the county and can provide opportunities for more affordable and diverse
housing types.
Consistency
Recommendation
While the proposed development is not consistent with the preferred density
range of the General Residential place type, it is generally CONSISTENT
with the Comprehensive Plan’s intent of providing an orderly transition of
uses from higher intensity to lower intensity areas, supporting opportunities
for more affordable housing, and providing for a range of housing types.
In addition, the proposal is consistent with the recommended uses and
densities of the adjacent Community Mixed Use Place type.
STAFF RECOMMENDATION & SUGGESTED MOTION
Staff recommends approval of the Conditional Use Zoning District suggests the following motion:
I move to APPROVE the proposed rezoning of the subject property to a Conditional Use R-10
district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan
because it will provide an orderly transition of uses from higher intensity areas located along
major roadways to lower intensity areas. I also find APPROVAL of the rezoning request is
reasonable and in the public interest because the proposal supports opportunities for more
affordable housing and assists with providing a range of housing types to the area.
Planning Board - June 6, 2019
ITEM: 1 - 3 - 10
Z19-03 Staff Summary PB 6.6.2019 Page 11 of 13
B. Z19-03 SPECIAL USE PERMIT REQUEST
PROPOSED SITE PLAN
Proposed Site Plan
The application proposes to develop an apartment complex containing 324 units. The units
will consist of 162 one-bedroom units, and 162 two-bedroom units.
The Zoning Ordinance requires opaque buffers to be provided along property lines that
abut residential uses and zoning. In addition, the apartment buildings must be setback a
distance equal to the building’s height (not to exceed 40 feet) where adjacent to existing
detached residential development. The closest proposed building to a single-family lot is
approximately 85 feet away.
The site plan was reviewed by the Technical Review Committee and it complies with the
applicable zoning regulations.
The site is required to access S. College Road. The exact location of the access points is
dependent on NCDOT’s review of the updated TIA for the development. The site and its
access must be constructed in accordance with the approved TIA and NCDOT and County
standards.
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Z19-03 Staff Summary PB 6.6.2019 Page 12 of 13
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of
fact and conclusions are based solely on the information provided to date, prior to any information
or testimony in support or opposition to the request that may be presented at the upcoming public
hearing at the Board meeting.
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. The site is accessed from S. College Road, an arterial street and North Carolina highway
(NC 132).
B. The subject property is located in the New Hanover County South Fire Service District.
C. Traffic impacts are reviewed by NCDOT through the Traffic Impact Analysis process, and
any required roadway improvements must be installed in accordance with NCDOT’s
standards prior to final zoning approval being issued.
D. Based on the Institute of Traffic Engineers Trip Generation Manual, the proposed use is
estimated to generate 137 trips in the AM peak and 143 trips in the PM peak.
E. The site is not located within any Special Flood Hazard Area.
F. Water and sewer services must be provided and designed in accordance with CFPUA’s
standards.
Finding 2: The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The site is proposed to be zoned R-10, Residential District.
B. High density developments are allowed by special use permit in the R-10 zoning districts.
C. The site plan has been reviewed by the Technical Review Committee and complies with all
applicable technical standards including Zoning Ordinance Section 72-43: High Density
Development.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The surrounding area contains single-family housing. The Whiskey Branch development also
contains duplexes, and is proposing to construct townhomes. Multi-family projects (Tesla
Park Apartments, The Gardens Condos) are located on the west side of S. College Road.
B. Bufferyards must be provided between the development and adjacent residential property.
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ITEM: 1 - 3 - 12
Z19-03 Staff Summary PB 6.6.2019 Page 13 of 13
Finding 4: The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County.
A. The property is located in an area that transitions between the Community Mixed Use and
General Residential place types, as classified in the 2016 Comprehensive Plan.
B. While the property is located within the General Residential place type, it is located
immediately adjacent to the Community Mixed Use place type.
C. The proposal is not consistent with the preferred density range of the General Residential
place type, which recommends multi-family housing to be developed from 2-6 dwelling units
an acre.
D. The proposal is consistent with the recommended uses and densities of the Community Mixed
Use place type.
E. Place type borders are not intended to be absolute and fixed like zoning districts, parcels
located in proximity to the boundaries between place types could be appropriately
developed in accordance with either place type.
F. The proposal is generally consistent with the Comprehensive Plan’s intent of providing an
orderly transition of uses from higher intensity areas located along major roadways to lower
intensity areas and providing for a range of housing types.
EXAMPLE MOTIONS
Example Motion for Approval:
Motion to recommend approval, as the Board finds that this application for a Special Use Permit
meets the four required conclusions based on the findings of fact included in the Staff Summary.
[OPTIONAL] Note any additional findings of fact related to the four required conclusions.
[OPTIONAL] Also, that the following conditions be added to the development:
[List Conditions]
Example Motion for Denial:
Motion to recommend denial, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Zoning Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the surrounding area, and is in general conformity of the plans of
development for New Hanover County.
[State the finding(s) that the application does not meet and include reasons why it is not being met]
*The Board shall immediately rescind their approval of the Conditional Use District if the companion
SUP is denied.
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APPLICANT
MATERIALS
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PROPOSED
SITE PLAN
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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: 6/6/2019
R egular
D E PART ME N T: P lanning P R E S E N T E R(S ): R o n Meredith, C urrent P lanner
C O N TAC T (S ): R o n Meredith; Brad S c huler, S enior P lanner; Wayne C lark, P lanning & Land Us e Direc tor
S UB J E C T:
P ublic Hearing
Rezoning Request (Z19-07) – Request by Parker & Associates, on behalf of the property owner, Clearly
Development, Inc., to rezone approximately 47.58 acres of land located near the 2500-2600 block of
Castle Hayne Road, from R-15, Residential D istrict, to R-10, Residential District.
B R IE F S UMMARY:
P arker and As s o ciates , o n b ehalf o f the property o wner, C learly Develo p ment, Inc., is seeking to rezone
approximately 47.58 acres of land from R -15 to R -10 within the propos ed R iverside sub d ivision loc ated near the
2500-2600 b lo ck of C as tle Hayne R oad.
T he proposed R ivers id e s ubdivis io n rec eived Tec hnical R eview C ommittee (T R C ) ap p roval in 2018 for 166 s ingle-
family ho mes and 72 multi-family units. C urrently, the develo pment is in the cons tructio n p hase and s o me
infras tructure has been ins talled inc luding curb ing, ro ad b as e c o urse, and s tormwater facilities in the eastern p o rtion
of the sub d ivision whic h is proposed to remain zoned R -15.
T he ap p licant is p ro p o s ing to rezo ne ap p ro ximately ±47.58 ac res loc ated on the western portio n o f R ivers ide fro m
R -15 to R -10. As both the R -15 and R -10 dis tric ts are res id ential d is tric ts , the uses permitted within them are s imilar
with o nly slight variatio ns . T he primary d ifferenc e between the districts is that the R -10 district allo ws for s maller
lots and higher dens ity. S pecifically, under the C ounty's performance residential standards, the R -10 district permits 3.3
dwelling units per acre and the R -15 district permits 2.5 dwelling units per acre. B ased on the subject property size of
47.58 acres, this equates to a maximum of 157 units in the R -10 district and 119 in the R -15 district.
Ac cording to the ap p licant, they are seeking to increas e the number of single-family lo ts by 26 homes in the area
proposed to be rezo ned. T his will inc reas e the total numb er of single-family dwellings within R ivers id e from 166 to
192. T he area propos ed to b e rezo ned is currently ap p ro ved to c o ntain 102 single-family homes . T he additio n o f
the 26 lots wo uld res ult in a total of 128 s ingle-family ho mes in this area.
P er the ap p lic ant, the 26 additional s ingle-family lots will not necessitate a change to the road layout bec aus e the
increase in lo ts will b e ac hieved by dec reas ing the lo t s izes . G enerally, the lo ts will b e reduced fro m approximately
±8,500 square feet and 70-75 feet in width, to ap p ro ximately ±6,000 s q uare feet and 50 feet in wid th.
Ac cess to the sub ject p ro p erty is provid ed b y C as tle Hayne R oad (N.C . Highway 133). A Traffic Impac t Analys is
for the R ivers id e s ubd ivis ion was ap p ro ved in 2015 and analyzed traffic imp acts of 165 single-family dwellings and
72 ap artments. T he transportation improvements required by that T I A have been installed, including the installation and
extension of turn lanes on Riverside D rive at C astle H ayne R oad. T he applicant’s proposal to add 26 lots to the
development would increase the peak hours trip generation by an estimated 26 trips and the overall daily trips by about
260. I f the rezoning is approved, and the applicant moves forward with modifying the subdivision plans for R iverside
to increase the number of lots, then an addendum to the approved T raffic Impact Analysis must be submitted and
Planning Board - June 6, 2019
ITEM: 2
reviewed by the W M P O , N C D O T, and the County to determine if additional improvements are required.
T he 2016 C o mp rehens ive P lan c las s ifies the p ro p erty as G eneral R es id ential. T his plac e typ e promotes lower-
dens ity hous ing and as s o ciated c ivic and c o mmercial s ervic es . T he p ro p o s ed rezo ning from R -15 to R -10 is
generally C O N S IS T E N T with the 2016 C omprehens ive P lan b ec aus e the p ro p o s ed dens ity is in line with what is
rec o mmended for the G eneral R esidential p lac e type, s upports a greater o p p ortunity fo r affo rd ab le hous ing, and
allows fo r future res id ents ’ convenient acc es s to b as ic go o d s and s ervic es d ue to the p ro ximity of the existing
sho p p ing c enter.
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 o f the ap p lication and s ugges ts the following motio n:
I move to AP P R OVE the propos ed rezo ning of the s ub ject property to a R -10 dis tric t. I find it to b e
C O N S IS T E N T with the p urposes and intent of the C o mp rehens ive P lan bec ause the propos ed dens ity is in
line with the p referred range of the G eneral R esidential plac e typ e. I als o find AP P R O VAL o f the rezoning
reques t is reasonable and in the pub lic interes t bec aus e the propos al sup p o rts a greater o p p o rtunity fo r
affordable hous ing, and allo ws fo r future res id ents ’ c o nvenient acc es s to bas ic go o d s and services.
Alternative Motio n fo r Ap p ro val/Denial:
I move to [Approve/Deny] the proposed rezoning of the s ub jec t property inc luded in this applic ation to a
C ond itional Use R -10 district. I find it to be [C ons is tent/Inc ons is tent] with the purp o s es and intent o f the
C omprehensive P lan bec ause [insert reasons ]. I als o find [Ap p ro val/Denial] o f the rezo ning req uest is reas o nable
and in the p ublic interest bec ause[ins ert reas ons ].
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 - June 6, 2019
ITEM: 2
SCRIPT for Zoning Map Amendment Application (Z19-07)
Request by Parker and Associates, on behalf of the property owner, Clearly Development, Inc., to
rezone approximately 47.58 acres of land located in the 2500-2600 block of Castle Hayne Road, from
R15, 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. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent
with the land use plan and why approval or denial of the rezoning request is reasonable and in the public
interest.
Staff Suggested Motion:
Staff recommends approval of the application and suggests the following motion:
I move to APPROVE the proposed rezoning of the subject property to a R-10 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density
is in line with the preferred range of the General Residential place type. I also find APPROVAL of
the rezoning request is reasonable and in the public interest because the proposal supports a
greater opportunity for affordable housing, and allows for future residents’ convenient access to
basic goods and services.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning of the subject property included in this application
to a R-10 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the
Comprehensive Plan because [insert reasons] ________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because
[insert reasons]
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Planning Board - June 6, 2019
ITEM: 2 - 1 - 1
Z19-07 Staff Report PB 6.6.2019 Page 1 of 9
STAFF REPORT FOR Z19-07
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z19-07
Request:
Zoning Map amendment to rezone 47.58 acres from R-15 to R-10
Applicant: Property Owner(s):
Parker and Associates Clearly Development, Inc.
Location: Acreage:
2500-2600 block of Castle Hayne Road ±47.58 Acres
PID(s): Comp Plan Place Type:
R03300-001-015-000 General Residential
Existing Land Use: Proposed Land Use:
Residential
The property would be allowed to be
developed in accordance with the R-10
districts approved uses
Current Zoning: Proposed Zoning:
R-15 District R-10 District
SURROUNDING AREA
LAND USE ZONING
North Single-family Residential, Undeveloped Land R-20
East Wrightsboro Plaza Shopping Center, Riverside
Subdivision, Commercial Services SC, B-2, R-15
South Single-family Residential, Undeveloped Land R-15
West Single-family Residential, Undeveloped Land R-20
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ITEM: 2 - 2 - 1
Z19-07 Staff Report PB 6.6.2019 Page 2 of 9
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
October 2, 2006 Rezoned from R-20 to R-15
COMMUNITY SERVICES
Water/Sewer CFPUA water and sewer mainline extensions will be required to serve the
project.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Wrightsboro
Schools Wrightsboro Elementary, Eaton Elementary, Holly Shelter Middle, and New
Hanover High School
Recreation Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The applicant has obtained a Jurisdictional Determination from the US Army
Corps of Engineers that indicate that approximately ±5.6 acres of wetlands
are on the site. These wetlands are classified as swamp forest in the
Conservation Overlay District and are subject to additional conservation
and setback requirements. Generally, the wetlands are located on the
western portion of the site within open space areas outside of individual lots.
Historic No known historic resources
Archaeological No known archaeological resources
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ITEM: 2 - 2 - 2
Z19-07 Staff Report PB 6.6.2019 Page 3 of 9
ZONING CONSIDERATIONS
The proposed Riverside subdivision received TRC approval in 2018 for 166 single-family
homes and 72 multi-family units.
Currently, the Riverside subdivision is in the construction phase and some infrastructure has
been installed including curbing, road base course, and stormwater facilities in the eastern
portion of the development which is proposed to remain zoned R-15.
The applicant is proposing to rezone approximately ±47.58 acres located on the western
portion of the Riverside subdivision from R-15 to R-10.
According to the applicant, they are seeking to increase the number of single-family lots
by 26 homes in the area proposed to be rezoned. This will increase the total number of
single-family dwellings within Riverside from 166 to 192. The area proposed to be
As both the R-15 and R-10 districts are residential districts, the uses permitted within them
are similar with only slight variations. The primary difference between the districts 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 ±47.58
acres (Performance)
119 Dwelling Units 157 Dwelling Units
Planning Board - June 6, 2019
ITEM: 2 - 2 - 3
Z19-07 Staff Report PB 6.6.2019 Page 4 of 9
rezoned is currently approved to contain 102 single-family homes. The addition of the 26
lots would result in a total of 128 single-family homes in this area.
According to the applicant, the 26 additional single-family lots will not necessitate a
change to the road layout because the increase in lots will be achieved by decreasing the
lots sizes. Generally, the lots will be reduced from approximately ±8,500 square feet
and 70-75 feet in width, to approximately ±6,000 square feet and 50 feet in width.
TRANSPORTATION
Access to the subject property is provided by Castle Hayne Road (N.C. Highway 133).
The Traffic Impact Analysis for the Riverside subdivision was approved in 2015. This TIA
analyzed the traffic impacts for a development consisting of 165 single-family dwellings
and 72 apartments.
The applicant’s proposal to add 26 lots to the Riverside subdivision would increase the
peak hours trip generation by an estimated 26 trips and the overall daily trips by about
260.
The transportation improvements required by the approved TIA for the project have been
installed, including the installation and extension of turn lanes on Riverside Drive at Castle
Hayne Road.
If the rezoning is approved, and the applicant moves forward with modifying the
subdivision plans for Riverside to increase the number of lots, then an addendum to the
approved Traffic Impact Analysis must be submitted and reviewed by the WMPO, NCDOT,
and the County to determine if additional improvements are required.
Traffic Counts – August 2018
Road Location Volume Capacity V/C
Castle Hayne Road 3100 Block (south of
Smartville Drive) 14,256
15,860
0.90
Castle Hayne Road 1900 Block (north of
23rd Street) 17,958
14,440
1.24
Planning Board - June 6, 2019
ITEM: 2 - 2 - 4
Z19-07 Staff Report PB 6.6.2019 Page 5 of 9
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Planning Board - June 6, 2019
ITEM: 2 - 2 - 5
Z19-07 Staff Report PB 6.6.2019 Page 6 of 9
Proposed
Development Land Use/Intensity TIA Status
1. Hanover Lakes 231 single-family dwellings Approved August 13, 2015
2018 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a northbound left turn lane, southbound left turn lane, and southbound right
turn lane on Castle Hayne Road at the subdivision’s entrance.
Nearby Proposed Developments included within the TIA:
None
Development Status: The subdivision is under construction. The required roadway
improvements have been installed.
2. Wrightsboro
Commons
Phase 1: 216 multi-family
units
Phase 2: 144 multi-family
units
Approved January 24, 2019
2023 Build Out Year
(A rezoning is required for
this development. No
application is currently
under review.)
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
(N.C. Highway 133) Update the signal timing at the intersection of Castle Hayne Road
and North Kerr Avenue
Nearby Proposed Developments included within the TIA:
Riverside Development
Development Status: Construction has not started
Planning Board - June 6, 2019
ITEM: 2 - 2 - 6
Z19-07 Staff Report PB 6.6.2019 Page 7 of 9
3. Riverside
Subdivision
Phase 1: 100 single-family
dwellings
Phase 2: 65 single-family
and homes 72 multi-family
units
Approved August 13, 2015
2019 Build Out Year
(update required pending
rezoning approval)
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Signal modification, eastbound and westbound left turning lane modifications, a
separate eastbound right turn lane with 250 feet of storage, and extending the existing
eastbound left turn lane to 250 feet of storage.
Nearby Proposed Developments included within the TIA:
River Bluffs
Trasco Distribution Center
Development Status: Site work is underway. No lots have been recorded at this time.
Regional Transportation Plans:
STIP Project U-5863
o Project to widen Castle Hayne Road from I-140 to MLK Parkway. The modification
to the roadway consists of four lanes with a median in some locations and two lanes
with a median in others with reduced conflict intersections. Construction is expected
to begin in 2023.
STIP Project U-5954
o Project to construct a roundabout at the intersection of 23rd Street and Castle Hayne
Road. Construction is expected to begin in 2024.
ENVIRONMENTAL
The property to does not contain any Natural Heritage Areas.
Approximately ±2.7 acres on the western side of the property is within an AE Special
Flood Hazard Area (SFHA). Development is permitted within this SFHA provided it is
constructed in accordance with applicable standards, including elevating the structures to
the Design Flood Elevation or flood proofing. However, the flood zones on the site are
located within the open space areas.
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 II, III (moderate limitation), and Class IV soils (unsuitable).
However, the proposed Riverside development will extend sewer services to the
development.
The applicant has obtained a Jurisdictional Determination identifying that approximately
±5.6 acres of wetlands are located on the subject parcel. The wetlands located on the
western side of the Riverside subdivision are subject to the standards of the Conservation
Overlay Districts. The approved plans indicate that the wetlands are located in the open
space area and will not be impacted.
Planning Board - June 6, 2019
ITEM: 2 - 2 - 7
Z19-07 Staff Report PB 6.6.2019 Page 8 of 9
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.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision
for New Hanover County’s future land use, as designated by place types describing the
character and function of the different types of development that make up the community. These
place types are intended to identify general areas for particular development patterns and
should not be interpreted as being parcel specific. 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.
Planning Board - June 6, 2019
ITEM: 2 - 2 - 8
Z19-07 Staff Report PB 6.6.2019 Page 9 of 9
Analysis
The subject property is located behind commercial services in the community-
level commercial node centered around the intersection of Castle Hayne
Road and N. Kerr Avenue in Wrightsboro. It is designated as a General
Residential area, the intent of which is to preserve existing residential
neighborhoods and provide opportunities for similar lower density
residential neighborhoods and supportive commercial, civic, and
recreational development. The ideal density identified in the Comprehensive
Plan for this place type is up to 6 dwelling units per acre, and the densities
allowed in the R-10 zoning district are in line with the Comprehensive Plan’s
concept of very low density.
The requested rezoning would increase the permitted density on the subject
property from 2.5 units per acre to 3.3 units per acre, increasing the
possibility of housing affordability while remaining relatively consistent with
the existing residential densities in the surrounding neighborhoods.
Connections with commercial developments along Castle Hayne Road could
also reduce the impact of traffic as residents will be able to access a
grocery store, pharmacy, and a variety of restaurants without using primary
roadways. Similar levels of density, and even higher density residential
neighborhoods, could be appropriate in this area of the county given the
proximity to nearby basic goods and services.
Consistency
Recommendation
The proposed rezoning from R-15 to R-10 is generally CONSISTENT with
the 2016 Comprehensive Plan because the proposed density is in line with
what is recommended for the General Residential place type, supports a
greater opportunity for affordable housing, and allows for future residents’
convenient access to basic goods and services due to the proximity of the
existing shopping center.
STAFF RECOMMENDATION & SUGGESTED MOTION
Staff recommends approval of the application and suggests the following motion:
I move to APPROVE the proposed rezoning of the subject property to a R-10 district. I find it
to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed density is in line with the preferred range of the General Residential place type. I
also find APPROVAL of the rezoning request is reasonable and in the public interest because
the proposal supports a greater opportunity for affordable housing, and allows for future
residents’ convenient access to basic goods and services.
Planning Board - June 6, 2019
ITEM: 2 - 2 - 9
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APPLICANT
MATERIALS
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ITEM: 2 - 7 - 4
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ITEM: 2 - 7 - 5
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Planning Board - June 6, 2019
ITEM: 2 - 7 - 9
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: 6/6/2019
R egular
D E PART ME N T: P lanning P R E S E N T E R (S ): Brad S c huler, S enio r P lanner
C O N TAC T (S ): Brad S c huler; Wayne C lark, P lanning & Land Us e Directo r
S UB J E C T:
P ublic Hearing
Rezoning Request (Z19-08) – Request by Eastern Carolinas Commercial Real E state, on behalf of the
property owner, Ogden-New Hanover Volunteer Emergency Medical S ervice, Inc., to rezone
approximately 8.43 acres of land located at 4450 and 4580 Carolina B each Road, from R-15, Residential
District, to B -2, Highway Business District.
B R IE F S UMMARY:
Eastern C aro linas C ommerc ial R eal Estate, on behalf o f the property o wner, O gden-New Hanover Volunteer
Emergenc y Medic al S ervice, Inc ., is s eeking to rezo ne ap p ro ximately 8.43 ac res of land lo cated 4450 & 4580
C arolina Beach R oad, from R -15 to B-2.
I n D ecember 1979, the B oard of C ommissioners approved a S pecial U se P ermit (S U P ) for the operation of a
Volunteer R escue S quad on the subject properties. T he S U P was modified in 2007 to add a 10,200 sq. ft. building for
the storage of disaster response vehicles. N ew H anover R egional M edical C enter operates its regional response services
in the building at the rear of the property. Currently, the subject properties contain two existing structures.
According to the applicant, the Volunteer E M S S ervices (which utilized the building fronting C arolina B each Road) has
relocated the service to Monkey J unction. I n addition, N ew H anover Regional M edical C enter representatives have
stated their intent to relocate the regional response service (which uses the rear building) in 2020. T he current R -15
zoning of the site limits the use of the property to mostly residential purposes, limiting adaptive reuse of the existing
structures. T he applicant believes both buildings would accommodate a number of the uses permitted in the B -2
district, such as contractor, warehousing, office, and light industrial related businesses.
T hese us es wo uld typ ically generate ab o ut 15-35 trip s in the peak ho urs based o n the ap p ro ximate s ize o f the
exis ting s tructures. If the s ite was to be redevelo p ed as a shopping center o f the s ame s ize, it is es timated
approximately 155 trips wo uld be generated in the peak hours . T raffic impacts are analyzed at the time a development
or change of use is proposed. Any use that increases the trips generated by 100 in the AM or P M peak hours will be
required to conduct a T raffic I mpact Analysis (T I A). Even if a T I A is not required, improvements may be required
when any proposed use is reviewed by N C D O T during the driveway permitting process.
T he ap p ro ximately 3 ac res of the s ubjec t property closest to C aro lina Beac h R d . are d es ignated as C o mmunity
Mixed Us e, and the wes tern p o rtion closest to the Lind en R id ge s ubdivis io n is des ignated as C ons ervatio n.
C ommunity M ixed U se areas focus on small-scale, compact, mixed use development patterns that serve all modes of
travel and act as an attractor for county residents and visitors. C ons ervatio n c overs areas o f natural o p en s p ace and is
intend ed to protect the natural enviro nment, water quality, and wild life hab itats .
T he proposed rezoning fro m R -15 to B-2 is generally C O NS IS T E N T with the 2016 C o mp rehens ive P lan
bec ause it allo ws for the typ es o f c ommerc ial s ervic es appropriate fo r a trans itional C o mmunity Mixed Use area,
Planning Board - June 6, 2019
ITEM: 3
and the existing sto rmwater fac ilities would limit the us e of the portio ns o f the p ro p erty designated as C o nservation.
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 uggests the following motio n:
I move to A P P R O V E the proposed rezoning of the subject property to a B -2 district. I find it to be C O N S I S TEN T
with the purposes and intent of the C omprehensive P lan because it allo ws for the types o f commerc ial s ervic es
appropriate fo r a trans itio nal C o mmunity Mixed Use area. I also find A P P R O VA L of the rezoning request is
reasonable and in the public interest because the p ro p o s al would s upport bus ines s s ucc es s and pro vide s ervices to
the s urrounding community.
Alternative Motio n fo r Ap p ro val/Denial:
I mo ve to [Approve/Deny] the p ro p o s ed rezo ning o f the s ub jec t p ro p erty inc luded in this applic atio n to a
C ond itional Us e R -10 district. I find it to be [C ons is tent/Incons is tent] with the purp o s es and intent of the
C omprehensive P lan bec ause [ins ert reasons ]. I als o find [Approval/Denial] o f the rezo ning reques t is reasonab le
and in the p ublic interest bec ause[ins ert reas ons ].
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 - June 6, 2019
ITEM: 3
SCRIPT for Zoning Map Amendment Application (Z19-08)
Request by Eastern Carolinas Commercial Real Estate, on behalf of the property owner, Ogden-New
Hanover Volunteer Emergency Medical Service, Inc., to rezone approximately 8.43 acres of land
located at 4450 and 4580 Carolina Beach Road, from R-15, Residential District, to B-2, Highway
Business 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. Vote on the application. The motion should include a statement saying how the change is, or is not,
consistent with the land use plan and why approval or denial of the rezoning request is reasonable and
in the public interest.
Staff Suggested Motion:
I move to APPROVE the proposed rezoning of the subject property to a B-2 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types
of commercial services appropriate for a transitional Community Mixed Use area. I also find
APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would
support business success and provide services to the surrounding community.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning of the subject property included in this application
to a Conditional Use R-10 district. I find it to be [Consistent/Inconsistent] with the purposes and intent
of the Comprehensive Plan because [insert reasons] ________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because
[insert reasons]
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Planning Board - June 6, 2019
ITEM: 3 - 1 - 1
Z19-08 Staff Report PB 6.6.2019 Page 1 of 9
STAFF REPORT FOR Z19-08
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z19-08
Request:
Zoning Map amendment to rezone 8.65 acres from R-15 to B-2
Applicant: Property Owner(s):
John Hinnant with Eastern Carolinas
Commercial Real Estate
Ogden-New Hanover Volunteer Emergency
Medical Service Inc.
Location: Acreage:
4500 block of Carolina Beach Road 8.43
PID(s): Comp Plan Place Type:
R07000-006-005-000;
R07000-006-006-000 Community Mixed Use and Conservation
Existing Land Use: Proposed Land Use:
Mostly undeveloped with two existing
structures used for EMS purposes
The property would be allowed to be
developed in accordance with the uses
permitted in the B-2 district
Current Zoning: Proposed Zoning:
R-15 B-2
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential, Multi-Family Residential,
Undeveloped Land R-15, MF-F, MX
East Mini-warehouse, Multi-Family Residential CUD B-1, CUD B-2,
CZD B-2, MX
South Single-Family Residential, Moose Lodge,
Telecommunication Tower, Undeveloped Land R-15
West Single-Family Residential, Undeveloped Land R-15
Planning Board - June 6, 2019
ITEM: 3 - 2 - 1
Z19-08 Staff Report PB 6.6.2019 Page 2 of 9
ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 4)
COMMUNITY SERVICES
Water/Sewer The buildings are served by CFPUA water and sewer services.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Station Myrtle Grove
Schools Williams Elementary, Codington Elementary, Myrtle Grove Middle, and
Ashley High School, New Hanover High School
Recreation Myrtle Grove School Park, Arrowhead Park, Southgate Park, Halyburton
Memorial Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The Conservation Overlay District indicates that swamp forest may be
present on the site. The location of wetlands will be verified and any impacts
addressed through the TRC review process if any specific redevelopments
or expansions are proposed.
Historic No known historic resources
Archaeological No known archaeological resources
ZONING CONSIDERATIONS
In December 1979, the Board of Commissioners approved a Special Use Permit for the
operation of a Volunteer Rescue Squad on the subject properties. As a result of this Special
Use Permit approval, the building on the northeast side of the property, along Carolina
Beach Road, was built. A modification to the site plan was subsequently approved in 1981.
The most recent modification to this Special Use Permit took place in March 2007, which was
to add a 10,200 sq. ft. building for the storage of disaster response vehicles. New Hanover
Regional Medical Center operates its regional response services in the building at the rear
of the property. Currently, the subject properties contain two existing structures.
Planning Board - June 6, 2019
ITEM: 3 - 2 - 2
Z19-08 Staff Report PB 6.6.2019 Page 3 of 9
According to the applicant, the Volunteer EMS Services (which utilized the building fronting
Carolina Beach Road) has relocated the service to Monkey Junction. In addition, New
Hanover Regional Medical Center representatives have stated their intent to relocate the
regional response service (which uses the rear building) in 2020.
The property is currently zoned R-15, Residential District. R-15 Zoning is primarily a
residential zoning district, however, the Zoning Ordinance allows limited commercial uses
via Special Use Permit (for example, government and emergency services, convenience
stores and recreation establishments)
The current R-15 zoning of the site limits the use of the property to these mostly residential
purposes, limiting adaptive reuse of the existing structures. The applicant believes both
buildings would accommodate a number of the uses permitted in the B-2 district, such as
contractor, warehousing, office, and light industrial related businesses.
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 B-2
districts based on the Table of Permitted Uses in the Zoning Ordinance.
The B-2 district permits a total of 89 uses by-right and 42 uses with a special use permit. In
general, the district permits the following categories of uses:
Traditional Commercial
Retail
Restaurants
Offices
Hotels
Personal Services
Gas Stations/Convenience
Stores
Drug Stores
Heavy Commercial/Light Industrial
Contractors
Warehousing
Mini-warehousing
RV & Boat Storage
Wholesale
Institutional & Recreation
Parks & Recreation Areas
Religious Institutions
Museums
Libraries
Indoor/Outdoor Recreation
Special Uses
Cell Towers
Dwelling Units
Recycling Facilities with
Processing
Electronic Gaming Operations
Light Manufacturing
Planning Board - June 6, 2019
ITEM: 3 - 2 - 3
Z19-08 Staff Report PB 6.6.2019 Page 4 of 9
Any future additions or redevelopment within the proposed B-2 zoning district would be
required to meet all building setbacks and landscaping buffers along the portion of the
subject properties that are adjacent to property zoned R-15. Specifically:
o The building setback required along Carolina Beach Road (U.S. Highway 421)
would be a minimum of 50’.
o The building setback required along any side property line adjacent to the R-15
zoning would be a minimum of 30’ or 2.75 x Building Height, whichever is greater.
o The building setback requirement along any rear property line adjacent to the R-
15 zoning would be a minimum of 35’ or 3.73 x Building Height, whichever is
greater.
o Landscaping buffers would be required between the development and the
residential properties. The buffers must be a minimum of 20’ in width and provide
100% opacity.
o In addition, all lights must be shielded in a manner so that light from the fixture
does not directly radiate into adjacent property.
TRANSPORTATION
Two existing driveways provide access to the subject properties from Carolina Beach Road
(U.S. Highway 421).
Per trip generation data provided by NCDOT, use of the site as an EMS facility is estimated
to have generated approximately 8 trips in both the AM and PM peaks (based on a Fire
and Rescue use of 17,500 square feet).
According to the applicant, the buildings could accommodate contractor, warehousing, and
light industrial uses. These uses would typically generate about 15-35 trips in the peak
hours based on 17,500 square feet. If the site was to be redeveloped as a shopping
center of the same size, it is estimated approximately 155 trips would be generated in the
peak hours.
Traffic impacts are analyzed at the time a development or change of use is proposed. Any
use that increases the trips generated by 100 in the AM or PM peak hours will be required
to conduct a Traffic Impact Analysis (TIA). Even if a TIA is not required, improvements may
be required when any proposed use is reviewed by NCDOT during the driveway
permitting process.
Planning Board - June 6, 2019
ITEM: 3 - 2 - 4
Z19-08 Staff Report PB 6.6.2019 Page 5 of 9
Traffic Counts – August 2018
Road Location Volume Capacity V/C
Carolina Beach Road 5300 Block (south of
Antoinette Drive) 39,541 29,300 1.35
Carolina Beach Road 1200 Block (north of
St. Andrews Drive) 29,856 29,300 1.02
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Planning Board - June 6, 2019
ITEM: 3 - 2 - 5
Z19-08 Staff Report PB 6.6.2019 Page 6 of 9
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Proposed
Development Land Use/Intensity TIA Status
1. The Woodlands at
Echo Farms
Development
175 Single-family detached
housing
167 Townhomes
240 Multi-family dwellings
10 court racquet/tennis club
Approved December 17,
2018
2022 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Construction of a westbound left-turn lane at the intersection of Independence Boulevard
and Echo Farms Boulevard.
Construction of a westbound right-turn lane on Carolina Beach Road (U.S. Highway 421)
at Echo Farms Boulevard/George Anderson Drive.
Nearby Proposed Developments included within the TIA:
Echo Farms Apartments
River Lights
Tiburon
Barclay West
Development Status: Site work for the development has started.
Regional Transportation Plans:
STIP Project U-5790
o Proposal that will convert the intersection of Carolina Beach Road/Piner Road and
College Road to a continuous flow intersection and widen a portion of Carolina Beach
Road south of that intersection. Continuous flow intersections permit more efficient travel
movements and help alleviate congestion by allowing more of the main street’s traffic
to move through the intersection. Construction of the project is expected to start in 2025.
ENVIRONMENTAL
The property does not contain any Natural Heritage Areas.
Approximately 5.40 acres are within an AE Special Flood Hazard Area (SFHA).
Development is permitted within this SFHA provided it is constructed in accordance with
applicable standards, including elevating the structures to the Design Flood Elevation or
floodproofing.
The property is within the Barnards Creek (C;Sw) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class III (severe limitations) and Class IV (unsuitable) soils. However,
Planning Board - June 6, 2019
ITEM: 3 - 2 - 6
Z19-08 Staff Report PB 6.6.2019 Page 7 of 9
the two existing structures are currently served by water and sewer services through
CFPUA.
According to the Conservation Overlay District, there may be swamp forest present on the
site. The site is currently developed with two structures and associated parking. Wetland
impacts were addressed at the time of the development. If redevelopment or expansions
are proposed additional wetland verification would be required. When verified, any
impact to the resource would be subject to the standards of the Conservation Overlay
District.
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. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type
Community Mixed Use and Conservation
The approximately 3 acres of the subject property closest to Carolina Beach
Rd. are designated as Community Mixed Use, and the western portion
closest to the Linden Ridge subdivision is designated as Conservation.
Planning Board - June 6, 2019
ITEM: 3 - 2 - 7
Z19-08 Staff Report PB 6.6.2019 Page 8 of 9
Place Type
Description
Community Mixed Use areas focus 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.
Conservation covers areas of natural open space and is intended to protect
the natural environment, water quality, and wildlife habitats that serve the
public through environmental education, low-impact recreation, and in their
natural beauty. In these areas, increased density would be discouraged,
and low impact development methods would be required. Such
requirements place limits on development to ensure the protection of
resources.
Analysis
The subject property is immediately adjacent to the Wilmington city limits in
a transitional area between the higher intensity commercial area at Monkey
Junction and the commercial node at the corner of Carolina Beach Rd. and
Independence Blvd. within the city. Both higher density multi-family
residential projects and single family residential subdivisions are in the
vicinity, along with a variety of lower impact civic and commercial uses, like
the Silva Commons office complex and Moose Lodge. The City has
identified the portion of Carolina Beach Rd. across the street from the
subject property as an area of opportunity for a suburban mixed use
development type in its Create Wilmington Comprehensive Plan.
In transitional areas between major intersections and/or higher density
nodes like this one, lower density commercial uses that provide services for
nearby residents are generally appropriate. Lower density residential
zoning designations, such as R-15, do not support the mix of small scale
commercial and higher density residential uses envisioned for Community
Mixed Use areas. While not all of the uses permitted in the B-2 district are
equally consistent with the Comprehensive Plan’s vision for this area, the
requested B-2 zoning could allow for the types of commercial services
appropriate for a transitional Community Mixed Use area and could be
appropriate in the existing structures. In addition, the existing stormwater
facilities would limit the use of the portions of the property designated as
Conservation and support the protection of natural resources, and the
portions of the property closest to existing residential neighborhoods would
remain zoned R-15.
Consistency
Recommendation
The proposed rezoning from R-15 to B-2 is generally CONSISTENT with the
2016 Comprehensive Plan because it allows for the types of commercial
services appropriate for a transitional Community Mixed Use area, and the
existing stormwater facilities would limit the use of the portions of the
property designated as Conservation.
Planning Board - June 6, 2019
ITEM: 3 - 2 - 8
Z19-08 Staff Report PB 6.6.2019 Page 9 of 9
STAFF RECOMMENDATION AND SUGGESTED MOTION
Staff recommends approval of the zoning map amendment and suggests the following motion:
I move to APPROVE the proposed rezoning of the subject property to a B-2 district. I find it to
be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for
the types of commercial services appropriate for a transitional Community Mixed Use area. I
also find APPROVAL of the rezoning request is reasonable and in the public interest because
the proposal would support business success and provide services to the surrounding community.
Planning Board - June 6, 2019
ITEM: 3 - 2 - 9
Planning Board - June 6, 2019
ITEM: 3 - 3 - 1
Planning Board - June 6, 2019
ITEM: 3 - 4 - 1
Planning Board - June 6, 2019
ITEM: 3 - 5 - 1
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APPLICANT
MATERIALS
Planning Board - June 6, 2019
ITEM: 3 - 6 - 1
Planning Board - June 6, 2019
ITEM: 3 - 6 - 2
Planning Board - June 6, 2019
ITEM: 3 - 7 - 1
Planning Board - June 6, 2019
ITEM: 3 - 7 - 2
Planning Board - June 6, 2019
ITEM: 3 - 7 - 3
Planning Board - June 6, 2019
ITEM: 3 - 7 - 4
Application for
ZONING MAP AMENDMENT
Applicant: John Hinnant, agent for Ogden-New Hanover Volunteer Emergency Medical Services, Inc
Parcel ID#s: R07000-006-006-000 & R07000-006-005-000
Land Classification: Improved: 2 structures (Bldg 1 = 6,000 SqFt, Bldg 2 = 13,300 SqFt [2 stories]).
1) How will the requested change be consistent with the County’s Policies for Growth and
Development?
The proposed rezoning from R-15 (SUP) to B-2 would create a more feasible zoning designation for the
parcel of land fronting Carolina Beach Road. The current R -15 zoning designation is outdated and left-
over zoning from the County’s original zoning law implementation from the late 1960’s. The Future Land
Use Map has the site designated as Community Mixed Us e. This zoning application, which is an up
zoning (from R-15 to B-2)) will permit the property to more effectively offer the community a better
mixture of uses. Nearly half of the permitted uses permitted under B -2 would be suitable uses for the
existing structures, totaling over 17,000 square feet of metal, light industrial buildings.
In addition, this section of Carolina Beach Road is in transition, from historically rural residential to
dense residential development with commercial/special uses fronting Carolina Beach Road.
1) How would the requested zone change be consistent with the property’s classification on the
Land Classification Map?
As previously stated, the proposed zoning change would better allow the property to offer a variety of
uses, thus meeting the County’s objective of Community Mixed use under the Future Land Use Map. The
current limitations of the SUP limit the marketability of the property.
2) What significant neighborhood changes have occurred to make the original zoning
inappropriate, or how is the land involved unsuitable for the use permitted under the existing
zoning?
The two parcels making up the subject property is encumbered by a conservation overlay, flood zone
and high-tension power line easement. The existing improvements are currently in the only buildable
area that does not endanger the environmentally sensitive area. Over the last 20 years, the county fair
has relocated, creating land for mixed use development. There have been commercial developments,
multifamily, ministorage facilities, special use properties and the redevelopment of the Echo Farms Golf
Course are examples of the transition the area is undergoin g. Under the B-2 district, there are 46
permitted uses that would work within the existing structures, preventing teardown and redevelopment
of the current site.
3) How will this change of zoning serve the public interest?
The proposed zoning allows the property to be more effectively using the existing structures and remain
consistent with the desired Community Mixed Use designation provided in the Future Land Use Plan.
The existing environmental buffer will protect adjacent residential uses, and the existing structures
already blend in with the other adjacent uses which include B-2 zoning.
Planning Board - June 6, 2019
ITEM: 3 - 7 - 5
Planning Board - June 6, 2019
ITEM: 3 - 7 - 6
Planning Board - June 6, 2019
ITEM: 3 - 7 - 7
Planning Board - June 6, 2019
ITEM: 3 - 7 - 8
Planning Board - June 6, 2019
ITEM: 3 - 8 - 1
Planning Board - June 6, 2019
ITEM: 3 - 8 - 2
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: 6/6/2019
R egular
D E PART ME N T: P lanning P R E S E N T E R(S ): Ken Vafier, P lanning S upervis o r
C O N TAC T (S ): Ken Vafier; Wayne C lark, P lanning & Land Us e Direc tor
S UB J E C T:
P ublic Hearing
S pecial Use Permit Request (S19-01) - Request by Benjamin Rivenbark, on behalf of the property owner,
J ack Carlisle, for a special use permit to develop a cemetery for family members on a portion of a 15.44
acre tract of land located at 8640 River Road.
B R IE F S UMMARY:
Benjamin R ivenbark, on b ehalf o f Jack C arlis le, is req uesting a spec ial us e p ermit to develo p a private family
c emetery on a portio n o f a 15.44 ac re residential p ro p erty at 8640 R iver R oad. T he s ite is c urrently develo p ed with
one s ingle family dwelling, and is in an area where the predominant land us e is lo w dens ity s ingle family residential.
T he neares t res id ential struc tures range fro m ap p ro ximately 550’ - 950’ to wes t and s o uth o f the p ro p o s ed c emetery
while to the east, across R iver R o ad , the propo s ed c emetery is o ver 1,000’ to the neares t res id ential struc tures .
T he s ubjec t site and general vicinity c o ntains large expans es of c o nservation resource areas , and the p ro p o s ed
c emetery s ite is loc ated o n a s mall up land area of the p ro p erty. T he c emetery s ite will b e approximately 35' x 45',
will be enclosed with a p erimeter fence, and will b e limited to the o wner's family memb ers . F uneral professionals
will b e emp lo yed fo r all interments and will utilize s tandard prac tic es inc luding sealed c as kets , b urial vaults , and
grave liners in order to minimize environmental imp acts . Due to the limited s ize and s c ope of the proposal, the NC
C emetery C o mmis s io n has p ro vided a statement that it will no t b e s ub ject to their regulations .
T he s ite is c las s ified as C o nservation by the 2016 C o mp rehens ive Land Us e P lan. T he C o nservation plac etyp e
c o vers areas o f natural open s p ace and is intend ed to protect the natural enviro nment, water quality, and wild life
hab itats that serve the p ublic through environmental ed uc ation, lo w-impac t recreatio n, and in their natural b eauty.
W hile the C omprehensive P lan d o es no t s p ecific ally ad d res s this typ e of use, the propos ed family cemetery would
limit future higher intensity develo p ment o n the site and c o uld assist in p ro tec ting the natural enviro nment. T he
proposed family cemetery is generally C O N S IS T E N T with the 2016 C omprehensive P lan b ecaus e it will limit
future develo p ment and assoc iated imp acts on natural res o urc es in a C o ns ervation area.
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 :
Example Motion for Approval:
Planning Board - June 6, 2019
ITEM: 4
Mo tion to rec o mmend approval, as the Bo ard finds that this applic atio n for a S p ecial Use P ermit meets the four
required c o nc lusions based o n the find ings of fac t inc luded in the S taff S ummary.
[O P T I O NAL] Also, that the fo llo wing conditio ns b e added to the develo p ment:
[List C ond itions ]
Example Motion for Denial:
Mo tion to rec o mmend d enial, as the board cannot find that this p ro p o s al:
1. Will not materially endanger the pub lic health or s afety;
2. Meets all required c o nditio ns and s p ecific atio ns o f the Zo ning O rdinanc e;
3. Will not sub s tantially injure the value of ad jo ining o r abutting property;
4. Will b e in harmo ny with the s urro und ing area, and is in general c o nformity of the plans of d evelopment fo r
New Hano ver C o unty.
[S ta te the fin d ing(s) that th e application does not m eet a n d in clude rea son s to wh y it is not b eing met]
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 - June 6, 2019
ITEM: 4
SCRIPT for SPECIAL USE PERMIT Application (S19-01)
Request by Benjamin Rivenbark, on behalf of the property owner, Jack Carlisle, for a Special Use
Permit for a cemetery for family members located at 8640 River Road.
1. Swear witnesses: Announce that “the Special Use Permit process requires a quasi-judicial hearing; therefore,
any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present
competent and material testimony please step forward to be sworn in. Thank you.”
2. This is a quasi-judicial hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal.
3. Conduct hearing, as follows:
a. Staff presentation
b. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
4. Close the hearing
5. Board discussion
6. Ask Applicant whether he/she agrees with staff findings and any proposed conditions.
7. Vote on the Special Use Permit application.
Motion to recommend approval of the permit - All findings are positive.
Motion to recommend approval of the permit, subject to conditions specified below:
(State Conditions)
___________________________________________________________________________
___________________________________________________________________________
Motion to recommend denial of the permit because the Board cannot find:
a. That the use will not materially endanger the public health or safety if located where
proposed for the following reason:
________________________________________________________________________
________________________________________________________________________
b. That the use meets all required condition and specifications:
________________________________________________________________________
________________________________________________________________________
c. That the use will not substantially injure the value of adjoining or abutting property, or that
the use is a public necessity:
________________________________________________________________________
________________________________________________________________________
Planning Board - June 6, 2019
ITEM: 4 - 1 - 1
d. That the location and character of the use if developed according to the plan submitted and
approved will be in harmony with the area in which it is located and is in general conformity
with the plan of development for New Hanover County:
________________________________________________________________________
________________________________________________________________________
Example Motion for Approval:
Motion to recommend approval, as the Board finds that this application for a Special Use Permit meets the
four required conclusions based on the findings of fact included in the Staff Summary.
[OPTIONAL] Note any additional findings of fact related to the four required conclusions.
[OPTIONAL] Also, that the following conditions be added to the development:
[List Conditions]
Example Motion for Denial:
Motion to recommend denial, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Zoning Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development
for New Hanover County.
[State the finding(s) that the application does not meet and include reasons to why it is not being met]
Planning Board - June 6, 2019
ITEM: 4 - 1 - 2
S19-01 Staff Summary PB 6.6.2019 Page 1 of 7
STAFF SUMMARY OF S19-01
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: S19-01
Request:
Special Use Permit in order to develop a cemetery for family members
Applicant: Property Owner(s):
Benjamin Rivenbark Jack Carlisle
Location: Acreage:
8640 River Road 15.44
PID(s): Comp Plan Place Type:
R08400-002-005-001 Conservation
Existing Land Use: Proposed Land Use:
Residential/Vacant Cemetery
Current Zoning:
R-15, Residential
SURROUNDING AREA
LAND USE ZONING
North Vacant R-15
East Single-Family Residential R-15
South Single-Family Residential R-15
West Vacant/Open Water R-15
Planning Board - June 6, 2019
ITEM: 4 - 2 - 1
S19-01 Staff Summary PB 6.6.2019 Page 2 of 7
ZONING HISTORY
April 15, 1971 Initially zoned R-15 (Zone 4)
COMMUNITY SERVICES
Water/Sewer Water and Sewer is not proposed for this use
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Federal Point Station
Schools Carolina Beach Elementary, Murray Middle, and Ashley High School
Recreation Snows Cut Park, Veterans Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation The parcel contains areas of maritime salt thicket and brackish marsh;
however, the cemetery site itself is located on an upland pine forest area.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - June 6, 2019
ITEM: 4 - 2 - 2
S19-01 Staff Summary PB 6.6.2019 Page 3 of 7
Proposed Site Plan
The application is proposing to develop a private family cemetery to be located on a parcel
with an existing single family dwelling. The proposed cemetery in intended only for member
of the owner’s family and will not offer burial plots for sale or any other services to the
general public. The size of the cemetery area will be approximately 35’ x 45’ on an upland
area of the property enclosed with a perimeter fence. The property owner maintains two
single-family dwelling units on the parcel directly to the north of the subject parcel, and the
parcel to the south is also developed with one single family dwelling. The parcels in the
immediate vicinity contain large expanses of coastal wetlands that limit the potential for
additional higher-intensity development.
The North Carolina Cemetery Commission has provided the applicant with documentation
stating that the proposed cemetery will not be subject to the agency’s regulations due to its
size and scope. The applicant intends to employ funeral professionals for all interments and
use modern techniques including sealed caskets, burial vaults, and grave liners to minimize
potential environmental impacts.
Proposed Site Plan
TRANSPORTATION
Access will be provided via an existing private driveway to River Road. The cemetery
location is approximately 550’ west of the intersection of the private driveway and River
Road.
The proposed use is not expected to generate any additional trips in the area or have any
impact to traffic on the nearby road network due to the cemetery being restricted to family
members.
Applicant’s
Residences
Ca
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F
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Planning Board - June 6, 2019
ITEM: 4 - 2 - 3
S19-01 Staff Summary PB 6.6.2019 Page 4 of 7
ENVIRONMENTAL
The site lies within a VE Special Flood Hazard Area. There are no specific provisions in the
Flood Damage Prevention Ordinance or National Flood Insurance Program regulations that
address the development of cemeteries in Special Flood Hazard Areas. However, general
requirements for development other than buildings and structures in the VE zone require an
analysis from a registered design professional that finds that the development will not
cause any harmful diversion of floodwaters or wave runup and reflection that would
increase damage to adjacent structures. The applicant intends to use anchoring techniques
to prevent potential flotation and lateral movement of the interments during potential
inundation by floodwaters.
The upland area where the cemetery is proposed does not contain wetlands and no impact
to wetland species is anticipated. Due to the proximity to marsh areas, the site is
designated as a Coastal Area Management Act (CAMA) Area of Environmental Concern
(AEC) and a CAMA minor permit will be required prior to any land disturbance on the site.
The site is located within an area designated as a Significant Natural Heritage Area known
as the Doctor Point Hammocks. This area is characterized by an embayment which is nearly
cut off from the Cape Fear River by a narrow sand levee, with expanses of coastal
wetlands and several small upland areas referred to as hammocks. The hammocks have
no specific protection status, and the proposed cemetery is not anticipated to have any
environmental impacts to the Natural Heritage Area due to its limited size and scope.
The subject property lies within the Cape Fear River watershed.
The upland area of the site where the cemetery is proposed contains Dorovan soils,
according to the Soil Survey for New Hanover County.
Planning Board - June 6, 2019
ITEM: 4 - 2 - 4
S19-01 Staff Summary PB 6.6.2019 Page 5 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. These place
types are intended to identify general areas for particular development patterns and should not
be interpreted as being parcel specific.
Future Land Use
Map Place Type
Conservation
Place Type
Description
Covers areas of natural open space and is intended to protect the natural
environment, water quality, and wildlife habitats that serve the public
through environmental education, low-impact recreation, and in their natural
beauty. In these areas, increased density would be discouraged, and low
impact development methods would be required. Such requirements place
limits on development to ensure the protection of resources.
Analysis
A major goal of the Conservation place type is to protect natural resources
by limiting development. While the Comprehensive Plan does not
specifically address this type of use, the proposed family cemetery would
limit future higher intensity development on the site and could assist in
protecting the natural environment.
Consistency
Recommendation
The proposed family cemetery is generally CONSISTENT with the 2016
Comprehensive Plan because it will limit future development and associated
impacts on natural resources in a Conservation area.
Planning Board - June 6, 2019
ITEM: 4 - 2 - 5
S19-01 Staff Summary PB 6.6.2019 Page 6 of 7
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of
fact and conclusions are based solely on the information provided to date, prior to any information
or testimony in support or opposition to the request that may be presented at the upcoming quasi-
judicial hearing at the Board meeting.
Conclusion 1: The Board must find that the use will not materially endanger the public health
or safety where proposed and developed according to the plan as submitted and approved.
A. The subject property is located in the New Hanover County South Fire Service District.
B. Access to the site will be provided by an existing private driveway from River Road, which
is an NCDOT maintained roadway.
C. The subject site does not host any known cultural, archaeological, or environmental resources.
D. The proposed use will not generate any additional vehicular trips and is not anticipated to
have any impact on the surrounding transportation network.
E. The applicant intends to employ funeral professionals for all interments and use modern
techniques including sealed caskets, burial vaults, and grave liners to minimize potential
environmental impacts.
F. The applicant intends to use anchoring techniques to prevent potential flotation and lateral
movement of the interments during potential inundation by floodwaters.
Conclusion 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Cemeteries are allowed by Special Use Permit in the R-15, Residential zoning district.
B. The NC Cemetery Commission has provided documentation that states that the proposal
does not fall under their jurisdiction to regulate to the size and scope of the project.
C. An analysis from a registered design professional stating that the development will not
cause any harmful diversion of floodwaters or wave runup and reflection that would
increase damage to adjacent structures will be required prior to development per the Flood
Damage Prevention Ordinance.
D. A CAMA Minor Permit will be required prior to any land disturbance on the site.
Conclusion 3: The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. The location of the proposed cemetery is in a residential area currently developed with
very low density on the west side of River Road.
B. The nearest residential structures range from approximately 550’ - 950’ to west and south
of the proposed cemetery. To the east, across River Road, the proposed cemetery is over
1,000’ to the nearest residential structures.
C. Predominant land uses in the immediate vicinity of the subject site are residential, vacant or
conservation space.
D. No evidence has been submitted that this project will substantially injure the value of
adjoining or abutting properties.
Planning Board - June 6, 2019
ITEM: 4 - 2 - 6
S19-01 Staff Summary PB 6.6.2019 Page 7 of 7
Conclusion 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for New Hanover
County.
A. The site currently is developed with one single-family dwelling unit, and is generally located
adjacent to a low density residential area with large areas of conservation resources. The
nearest residential structures range from approximately 550’ - 950’ to west and south of
the proposed cemetery. To the east, across River Road, the proposed cemetery is over
1,000’ from the nearest residential structures.
B. The site is classified as Conservation by the 2016 Comprehensive Land Use Plan. The
Conservation placetype is intended to protect the natural environment, water quality, and
wildlife habitats that serve the public through environmental education, low-impact
recreation, and in their natural beauty. A major goal of the Conservation place type is to
protect natural resources by limiting development. While the Comprehensive Plan does not
specifically address this type of use, the proposed family cemetery would limit future higher
intensity development on the site and could assist in protecting the natural environment. The
proposed family cemetery is generally CONSISTENT with the 2016 Comprehensive Plan
because it will limit future development and associated impacts on natural resources in a
Conservation area.
Planning Board - June 6, 2019
ITEM: 4 - 2 - 7
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ITEM: 4 - 6 - 10
PROPOSED
SITE PLAN
RIVER ROAD
(100' PUBLIC R/W)
~CAPE FEAR RIVER~BASE LINE SURVEY
,
P
L
L
C
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