07112019 July PB Agenda Packet
July 11, 2019 – 6:00 P.M.
Meeting Called To Order (Chairman Jordy Rawl)
Pledge of Allegiance (Ken Vafier)
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 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. This item was continued from the June 6, 2019
Planning Board meeting.
2 Public Hearing Rezoning Request (Z-965M) – Request by Lee Law Firm, on behalf of the
property owner, Inlet Watch Development Partners, LLC, for a modification to an existing
(CZD) B-2 zoning district, located at 7275 Carolina Beach Road, to allow for outdoor
boat/RV storage.
OTHER ITEMS
1 Development Code Update
Adjournment
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 7/11/2019
Regular
DEPARTMENT: Planning PRESENTER(S): Ron Meredith, Current Planner
CONTACT(S): Ron Meredith; Brad Schuler, Senior Planner; Wayne Clark, Planning & Land Use Director
SUBJECT:
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. This item was
continued from the June 6, 2019 Planning Board meeting.
BRIEF SUMMARY:
Parker and Associates, on behalf of the property owner, Clearly Development, Inc., is seeking to rezone
approximately 47.58 acres of land from R-15 to R-10 within the proposed Riverside subdivision located near the
2500-2600 block of Castle Hayne Road. This item was continued from the June 6, 2019 Planning Board meeting.
The area proposed to be rezoned is part of a larger approved project known as the Riverside subdivision. Riverside
most recently received preliminary approval for 166 single-family dwelling units and 72 multi-family units in 2018.
The approved 238 dwelling units equate to a density of approximately 2.5 dwelling units per acre. Currently, the
Riverside subdivision is in the construction phase and some infrastructure has been installed including curbing, road
base course, and stormwater facilities mostly located in the eastern portion of the development.
The applicant is proposing to rezone approximately 47.58 acres of the approximate 95.15 acres of the
Riverside site from R-15 to R-10. 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. Specifically, under the County'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.
The requested rezoning would allow up to 38 additional dwelling units to be placed within the proposed area of
rezoning, however, the applicant has stated they only intend to increase the number of units by about 26. An updated
preliminary plan that would show the revised lot layout is not required for rezoning consideration and has not been
provided. The increase of approximately 38 dwelling units would increase Riverside’s density from the existing
approximate 2.5 dwelling units per acre to approximately 2.9 dwelling units per acre with a total lot count of 276
total dwelling units.
According to the applicant the stormwater infrastructure within the existing Riverside subdivision has been
permitted. The pond located on the western side has been designed to treat the residential stormwater needs. The
pond located on the eastern portion has been designed to accommodate the stormwater needs of the approved 72
multi-family units and the existing Wrightsboro Plaza shopping center located directly east of the site. The applicant
has indicated that the ponds are sized appropriately to handle any additional impervious surfaces that may result
from the rezoning and the changes will not require modification of the existing facilities. However, stormwater permit
modifications will be required for both State and County.
Planning Board - July 11, 2019
ITEM: 1
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 proposed rezoning is estimated to
increase the peak hours trip generation by about 38 trips and the overall daily trips by about 380.
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 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.
The 2016 Comprehensive Plan classifies the property as General Residential. This place type promotes lower-
density housing and associated civic and commercial services. 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.
The Planning Board approved the applicant’s request for a continuance (7-0) of this item until the July 11, 2019
meeting in order to supply more data per the Planning Board’s request. The Board suggested that the applicant
discuss the reasoning for the rezoning request, provide an overview of the entire Riverside subdivision to bring
clarity to the specific proposal, and supply an explanation of how the stormwater infrastructure would treat the
additional impervious surfaces.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
RECOMMENDED MOTION AND REQUESTED ACTIONS:
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
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].
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - July 11, 2019
ITEM: 1
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. This item was continued from the June 6, 2019
Planning Board meeting.
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 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 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 - July 11, 2019
ITEM: 1 - 1 - 1
Z19-07 Staff Report PB 7.11.2019 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
Planning Board - July 11, 2019
ITEM: 1 - 2 - 1
Z19-07 Staff Report PB 7.11.2019 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
Planning Board - July 11, 2019
ITEM: 1 - 2 - 2
Z19-07 Staff Report PB 7.11.2019 Page 3 of 9
ZONING CONSIDERATIONS
The area proposed to be rezoned is part of a larger approved project known as the
Riverside subdivision. Riverside most recently received preliminary approval for 166
single-family dwelling units and 72 multi-family units in 2018. The approved 238 dwelling
units equate to a density of approximately 2.5 dwelling units per acre.
Currently, the Riverside subdivision is in the construction phase and some infrastructure has
been installed including curbing, road base course, and stormwater facilities mostly located
in the eastern portion of the development.
The applicant is proposing to rezone approximately 47.58 acres of the approximate
95.15 acres of the Riverside site from R-15 to R-10.
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 the R-
10 district allows for a higher density.
According to the applicant, 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.
According to the applicant the stormwater infrastructure within the existing Riverside
subdivision has been permitted. The pond located on the western side has been designed
to treat the residential stormwater needs. The pond located on the eastern portion has
been designed to accommodate the stormwater needs of the approved 72 multi-family
units and the existing Wrightsboro Plaza shopping center located directly east of the site.
The applicant has indicated that the ponds are sized appropriately to handle any
Planning Board - July 11, 2019
ITEM: 1 - 2 - 3
Z19-07 Staff Report PB 7.11.2019 Page 4 of 9
additional impervious surfaces that may result from the rezoning and the changes will not
require modification of the existing facilities. However, stormwater permit modifications
will be required for both State and County.
The requested rezoning would allow up to 38 additional dwelling units to be placed within
the proposed area of rezoning, however, the applicant has stated they only intend to
increase the number of units by about 26. An updated preliminary plan that would show
the revised lot layout is not required for rezoning consideration and has not been provided.
The increase of approximately 38 dwelling units would increase Riverside’s density from
the existing approximate 2.5 dwelling units per acre to approximately 2.90 dwelling units
per acre with a total lot count of 276 total dwelling units.
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 proposed change from R-15 to R-10 would allow for up to 38 additional lots to the
Riverside subdivision. The proposed rezoning is estimated to increase the peak hours trip
generation by about 38 trips and the overall daily trips by about 380.
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 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 - July 11, 2019
ITEM: 1 - 2 - 4
Z19-07 Staff Report PB 7.11.2019 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 - July 11, 2019
ITEM: 1 - 2 - 5
Z19-07 Staff Report PB 7.11.2019 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 - July 11, 2019
ITEM: 1 - 2 - 6
Z19-07 Staff Report PB 7.11.2019 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 - July 11, 2019
ITEM: 1 - 2 - 7
Z19-07 Staff Report PB 7.11.2019 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 - July 11, 2019
ITEM: 1 - 2 - 8
Z19-07 Staff Report PB 7.11.2019 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.
The Planning Board approved the applicant’s request for a continuance (7-0) of this item until the
next meeting on July 11, 2019 meeting in order to supply more data per the Planning Board’s
request. The Board suggested that the applicant discuss the reasoning for the rezoning request,
provide an overview of the entire Riverside subdivision to bring clarity to the specific proposal, and
supply an explanation of how the stormwater infrastructure would treat the additional impervious
surfaces.
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 ACTION
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APPLICANT
MATERIALS
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Riverside Rezoning
Project Narrative
Revised June 17, 2019
Location and Access:
The proposed rezoning site is located within the western portion of the Riverside
subdivision, which is located off Castle Hayne Road (N.C. Hwy. 133, N.C.S.R.
2812).
The proposed site is bordered to the North and West by residential lots zoned R-20,
and to the South by residential lots zoned R-15.
Description of Site:
The proposed site for rezoning currently consists of 102 (approved) Single Family
Lots, , with 2 Open Spaces on approximately 47.58 acres. Site is currently zoned R-
15 (single family).
The site is fully engineered (streets, water & sewer, drainage, erosion control,
stormwater) and is fully permitted.
The entire Riverside Subdivision was approved with 166 Single Family Lots, 72
Multi-Family Units, and 6 Open Spaces for a total of 238 units on 95.15 acres.
The required Recreation/Open Space required is 4.98 acres for Single Family and
2.16 acres for Multi-Family. The Recreation/Open Space proposed is 6.8 acres for
Single Family and 4.3 acres for Multi-Family.
Current Density is 2.5 units per acre.
Performance Residential maximum density allowed is 2.5 units per acre for R-15
Zone.
Rezoning:
The site is currently zoned R-15 (single family) and requested to be rezoned to R-10
(single family).
The rezoning proposal is to create more affordable housing with smaller floor plans
on smaller lots (50’ min.) while maintaining the existing designed & permitted
infrastructure.
The site is currently approved with 102 single family lots. The proposed rezoning
would get approximately 128 affordable single family lots without having any
infrastructure changes. (See attached map showing proposed lot changes).
The proposed density would be 2.7 units per acre.
Performance Residential maximum density allowed is 3.3 units per acre for R-10
Zone.
Planning Board - July 11, 2019
ITEM: 1 - 7 - 11
Infrastructure:
The infrastructure for the site is currently permitted. The rezoning of the site would
not require any changes to the current permits except a modification to the Storm
Water permit.
There are 2 Storm Water ponds on the overall site. Pond #1 is designed and permitted
to handle all of the run-off for the single family lots, and Pond #2 is designed and
permitted to handle all the run-off for the Food Lion and multi-family areas.
Pond #1 is currently permitted for 3,500 square feet of Built Upon Area per lot. The
rezoning and additional 26 lots would require a modification to the permit for 3,040
square feet of Built Upon Area per lot.
The current TIA requirements have been fulfilled, and the design of the traffic signal
on Castle Hayne Road has been approved.
Planning Board - July 11, 2019
ITEM: 1 - 7 - 12
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 7/11/2019
Regular
DEPARTMENT: Planning PRESENTER(S): Gideon Smith, Current Planner
CONTACT(S): Gideon Smith, Brad Schuler, Senior Planner
SUBJECT:
Public Hearing
Rezoning Request (Z-965M) – Request by Lee Law Firm, on behalf of the property owner, Inlet Watch
Development Partners, LLC, for a modification to an existing (CZD) B-2 zoning district, located at 7275
Carolina Beach Road, to allow for outdoor boat/RV storage.
BRIEF SUMMARY:
The property is currently zoned CZD B-2, Conditional Highway Business zoning district allowing for the
development of four mini-warehouse structures. To date, three of the four buildings have been constructed. The
area designated for the fourth building is currently being used for outdoor boat/RV storage, which is not consistent
with the approved conceptual plan.
The proposed modification allows the option to utilize the area designated for the fourth building as outdoor
boat/RV storage. The applicant also requests to reserve the right to construct the fourth building at that location in
the future.
The Zoning Ordinance requires this modification to be processed under the same review procedure as the original
Conditional Zoning District, including Planning Board and Board of Commissioners consideration.
The additional use is classified as a recreational vehicle and boat trailer storage lot. Specific use standards apply to
this use, such as it shall be solely open-air and ground level with no enclosed or overhead covering structures, and
the lot shall not be used for any repair, maintenance, or habitation of any boat/RV.
Access to the subject property is provided by an existing driveway off Carolina Beach Road. Per trip generation
data provided by NCDOT, the currently approved four building mini-warehouse use (±77,650 square feet) is
estimated to generate 8 trips in the AM peak and 13 trips in the PM peak. The proposed modification still allows the
construction of the fourth building, and according to NCDOT data, the outdoor storage use does not generate more
traffic than enclosed storage. Therefore, the proposed modification is not expected to have an impact on traffic.
The proposed modification requires additional landscape buffering on the eastern portion of the subject property.
The approved landscape plan for the original Conditional Zoning District illustrates the required buffer. This
landscape buffer has not been installed because the fourth mini-warehouse building has not been constructed but
this modification would trigger the requirement. The landscaping provisions in the Zoning Ordinance require a fully
opaque buffer between commercial and residential uses.
The subject property is designated as Community Mixed Use. 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.
Planning Board - July 11, 2019
ITEM: 2
The proposed modification is generally CONSISTENT with the 2016 Comprehensive Plan because commercial
uses, such as the existing storage facility, are allowed within the Community Mixed Use place type, and the
proposed recreational vehicle and boat storage area is a similar use.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval and suggests the following motion:
I move to APPROVE the proposed modification to the conditional district. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because commercial uses are appropriate within the Community
Mixed Use place type, and the proposed use is similar to the existing facility already approved for the site. I also
find APPROVAL of the modification request is reasonable and in the public interest because the proposal would
minimize the visual impact of the business by providing additional landscaping and buffering, and provide services
to the nearby residents that will minimize vehicle trips and miles traveled.
The existing conditions placed on the original Conditional Zoning District shall remain in effect. The following
conditions shall be added to this Conditional Zoning District:
1. In addition to the required opaque landscape buffering, the property owner shall buffer the eastern side of the
boat/RV lot by:
a. Retaining the existing 8' high wood fence, and
b. Planting an additional evergreen hedge between the boat/RV lot and adjacent residential properties that will
provide a continuous screen and be of a species that reaches at least 15 feet tall at full maturity, such as wax
myrtles or other similar species.
2. The property owner shall minimize the visual impact of the mini-warehouse and boat/RV storage lot by:
a. Prohibiting boats/RVs that are greater than 12 feet in height within 45 feet of the eastern fence line.
Measurement shall be taken from the established grade to the highest point of the boat or vehicle.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed modification to the conditional district included in this application to allow
for outdoor boat/RV storage. 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 proposed modification to the
conditional district request is reasonable and in the public interest because [insert reasons].
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - July 11, 2019
ITEM: 2
SCRIPT for Conditional Zoning District Modification Application (Z-965M)
Request by Lee Law Firm, on behalf of the property owner, Inlet Watch Development Partners, LLC,
for a modification to an existing (CZD) B-2 zoning district, located at 7275 Carolina Beach Road, to
allow for outdoor boat/RV storage.
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 modification to the conditional
district request is reasonable and in the public interest.
Staff Suggested Motion:
I move to APPROVE the proposed modification to the conditional district. I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because commercial uses are appropriate
within the Community Mixed Use place type, and the proposed use is similar to the existing facility
already approved for the site. I also find APPROVAL of the modification request is reasonable and in
the public interest because the proposal would minimize the visual impact of the business by providing
additional landscaping and buffering, and provide services to the nearby residents that will minimize
vehicle trips and miles traveled.
The existing conditions placed on the original Conditional Zoning District shall remain in effect. The
following conditions shall be added to this Conditional Zoning District:
1. In addition to the required opaque landscape buffering, the property owner shall buffer the
eastern side of the boat/RV lot by:
a. Retaining the existing 8-foot-high wood fence, and
b. Planting an additional evergreen hedge between the boat/RV lot and adjacent residential
properties that will provide a continuous screen and be of a species that reaches at least
15 feet tall at full maturity, such as wax myrtles or other similar species.
2. The property owner shall minimize the visual impact of the mini-warehouse and boat/RV storage
lot by:
a. Prohibiting boats/RVs that are greater than 12 feet in height within 45 feet of the eastern
fence line. Measurement shall be taken from the established grade to the highest point of
the boat or vehicle.
Planning Board - July 11, 2019
ITEM: 2 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed modification to the conditional district included in this
application to allow for outdoor boat/RV storage. 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 proposed modification to the conditional district request is
reasonable and in the public interest because [insert reasons]
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Planning Board - July 11, 2019
ITEM: 2 - 1 - 2
Z-965M Staff Report PB 7.11.2019 Page 1 of 11
STAFF REPORT FOR Z-965M
CONDITIONAL ZONING DISTRICT MODIFICATION
APPLICATION
APPLICATION SUMMARY
Case Number: Z-965M
Request:
Modification to an existing CZD B-2 zoning district to allow outdoor boat/RV storage
Applicant: Property Owner(s):
Michael V. Lee, Esq. with Lee Law Firm Inlet Watch Development Partners, LLC
Location: Acreage:
7200 block of Carolina Beach Road ±7.08
PID(s): Comp Plan Place Type:
R08500-003-003-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Mini-warehouse use consisting of three
structures and outdoor storage
The property would be allowed to be used as
a mini-warehouse and outdoor boat/RV
storage lot.
Current Zoning: Proposed Zoning:
CZD B-2 CZD B-2
SURROUNDING AREA
LAND USE ZONING
North Single-family Residential, Undeveloped Land R-15
East Single-family Residential, Marina, Conservation R-15, C
South Retail Establishment/Carolina Video, Single-family
Residential, Undeveloped Land B-1, R-15
West Single-family Residential, Undeveloped Land R-15
Planning Board - July 11, 2019
ITEM: 2 - 2 - 1
Z-965M Staff Report PB 7.11.2019 Page 2 of 11
ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 4)
May 7, 1984 Rezoned approximately 3.0 acres of the front/western portion of parcel to
B-1 for neighborhood oriented commercial development (Z-185)
October 5, 1987 Rezoned the remaining portion of the property (±3.37 acres) to B-1for
commercial development (Z-319)
November 3,
2014
Special Use Permit granted for a mixed-use development with 93 multi-
family units and 2,500 square feet of commercial space (S-619)
January 9, 2017
Rezoned to CZD B-2 district to develop a mini-warehouse consisting of four
buildings totaling 77,650 square feet. The SUP for the mixed-used
development (S-619) was rendered void with this approval (Z-965).
COMMUNITY SERVICES
Water/Sewer The buildings are served by Aqua water and sewer services.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Station Federal Point
Schools Anderson Elementary, Codington Elementary, Murray Middle, and Ashley
High School. This use will not impact NHC Schools.
Recreation Veterans Park, Monterey Heights Park, and Snows Cut Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The applicant obtained a Jurisdictional Determination from the U.S. Army
Corps of Engineers that identified approximately 1.12 acres of wetlands on
the site. All work completed to date at the location of the proposed outdoor
storage has been in accordance with these standards. The proposed
modification is not expected to impact any wetlands.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - July 11, 2019
ITEM: 2 - 2 - 2
Z-965M Staff Report PB 7.11.2019 Page 3 of 11
ZONING CONSIDERATIONS
· The property is currently zoned CZD B-2, Conditional Highway Business zoning district
allowing for the development of four mini-warehouse structures. To date, three of the four
buildings have been constructed. The area designated for the fourth building is currently
being used for outdoor boat/RV storage, which is not consistent with the approved
conceptual plan.
· The proposed modification allows the option to utilize the area designated for the fourth
building as outdoor boat/RV storage. The applicant also requests to reserve the right to
construct the fourth building at that location in the future.
· The Zoning Ordinance requires this modification to be processed under the same review
procedure as the original Conditional Zoning District, including Planning Board and Board
of Commissioners consideration.
· The additional use is classified as a recreational vehicle and boat trailer storage lot.
Specific use standards apply to this use, such as it shall be solely open-air and ground level
with no enclosed or overhead covering structures, and the lot shall not be used for any
repair, maintenance, or habitation of any boat/RV.
· The proposed modification requires additional landscape buffering on the eastern portion
of the subject property. The approved landscape plan for the original Conditional Zoning
District illustrates the required buffer. This landscape buffer has not been installed because
the fourth mini-warehouse building has not been constructed but this modification would
trigger the requirement. The landscaping provisions in the Zoning Ordinance require a fully
Planning Board - July 11, 2019
ITEM: 2 - 2 - 3
Z-965M Staff Report PB 7.11.2019 Page 4 of 11
opaque buffer between commercial and residential uses. Below are photographs showing
the current state of the landscaping buffer, including the approximately 8’ fence that the
applicant installed.
Existing landscape buffer looking west from adjacent property (Inlet Watch)
Planning Board - July 11, 2019
ITEM: 2 - 2 - 4
Z-965M Staff Report PB 7.11.2019 Page 5 of 11
Existing 8’ fence and landscaping looking north (Inlet Watch to the right of the photo)
Looking south at the location where additional landscaping is required
Planning Board - July 11, 2019
ITEM: 2 - 2 - 5
Z-965M Staff Report PB 7.11.2019 Page 6 of 11
· All of the original conditions will remain part of the Conditional Zoning District with the
modification request, and be supplemented with additional conditions to help mitigate the
concerns of the surrounding property owners. As part of this modification, the applicant
proposes the following conditions:
1. In addition to the required opaque landscape buffering, the property owner shall buffer
the eastern side of the boat/RV lot by:
a. Retaining the existing 8-foot-high wood fence, and
b. Planting an additional evergreen hedge between the boat/RV lot and adjacent
residential properties that will provide a continuous screen and be of a species that
reaches at least 15 feet tall at full maturity, such as wax myrtles or other similar
species.
2. The property owner shall minimize the visual impact of the mini-warehouse and boat/RV
storage lot by:
a. Prohibiting boats/RVs that are greater than 12 feet in height within 45 feet of the
eastern fence line. Measurement shall be taken from the established grade to the
highest point of the boat or vehicle.
· The following conditions were included with the original approval (Z-965) and shall remain
in effect:
1. The business shall be subject to the following hours of operation:
a. Staff Office
i. 9:00 a.m. to 6:00 p.m. – Weekdays
ii. 9:00 a.m. to 4:00 p.m. – Saturdays
iii. 10:00 a.m. to 2:00 p.m. - Sundays
b. Gate Access by Security Code
i. 6:00 a.m. to 10:00 p.m. – Daily
2. Freestanding signage shall be limited to monument signs, in that the sign must have a
support structure that is a solid-appearing base constructed of a permanent material,
such as concrete block or brick. Freestanding signs supported by poles and any flashing,
digital signs shall be prohibited.
3. The yards along Carolina Beach Road and Radnor Road shall be bordered with min. 6’
high decorative aluminum fencing. The required streetyard plantings along Carolina
Beach Road shall be supplemented by an evergreen low buffer consistent with the
parking lot screening requirements of Section 62.1-5 of the Zoning Ordinance. In
addition, a 20’ wide buffer strip, consistent with Section 62.1-4 of the Zoning Ordinance,
shall be planted along Radnor Road.
· If or when the applicant does construct the final mini-warehouse structure, all applicable B-
2 zoning district building setbacks and landscaping buffers must be met. 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.
Planning Board - July 11, 2019
ITEM: 2 - 2 - 6
Z-965M Staff Report PB 7.11.2019 Page 7 of 11
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
· One existing driveway provides access to the subject property from Carolina Beach Road
(U.S. Highway 421).
· Per trip generation data provided by NCDOT, the currently approved four building mini-
warehouse use (±77,650 square feet) is estimated to generate 8 trips in the AM peak and
13 trips in the PM peak. The proposed modification still allows the construction of the fourth
building, and according to NCDOT data, the outdoor storage use does not generate more
traffic than enclosed storage. Therefore, the proposed modification is not expected to have
an impact on traffic.
Traffic Counts – March 2019
Road Location Volume Capacity V/C
Carolina Beach Road 6700 Block (north of
Myrtle Grove Road) 35,789 40,900 0.88
Carolina Beach Road 7800 Block (north of
Snows Cut Bridge) 32,243 40,400 0.80
Planning Board - July 11, 2019
ITEM: 2 - 2 - 7
Z-965M Staff Report PB 7.11.2019 Page 8 of 11
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby Traffic Impact Analyses:
There are no pending or approved Traffic Impact Analyses within the proximity of the subject property
that are anticipated to affect this requested modification.
ENVIRONMENTAL
· The property does not contain any Natural Heritage Areas.
· The subject property is not within a Special Flood Hazard Area (SFHA), however,
approximately 5.9 acres of the subject property is within the 500-year flood zone.
Development is permitted, without regulation, within this flood zone because it is not
classified as a SFHA.
Planning Board - July 11, 2019
ITEM: 2 - 2 - 8
Z-965M Staff Report PB 7.11.2019 Page 9 of 11
· The subject property lies within the White Oak watershed and drains to the Intracoastal
Waterway (SA; HWQ).
· Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I (Suitable/slight limitation), Class II (Moderate limitation), and
Class III (severe limitations) soils. However, all structures are currently served by water and
sewer services through Aqua.
· Conservation Overlay maps indicated possible wetlands on the site and the applicant
received the required U.S. Army Corps of Engineers permit. Currently, the site is built to the
standards outlined in the permit and plan. The proposed modification does not impact the
resources further as the storage exists on site in the location of the originally planned
building.
· Stormwater management was reviewed by the New Hanover County Engineering
Department and by the NC Department of Environmental Quality during the development
of the subject property. Since the stormwater management review considers the total
impervious surface on the site, the difference between the size of the fourth building and
the storage lot is negligible. Therefore, the proposed change will not negatively impact the
stormwater facility.
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.
Planning Board - July 11, 2019
ITEM: 2 - 2 - 9
Z-965M Staff Report PB 7.11.2019 Page 10 of 11
Future Land Use
Map Place Type Community Mixed Use
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.
Analysis
The existing storage facility was determined to be generally consistent with
the 2016 Comprehensive Plan as part of the 2017 conditional rezoning of
this property, as commercial uses, such as the proposed storage facility, are
allowed within the Community Mixed Use place type. The recreational
vehicle and boat storage area proposed in this application request is not
specifically addressed in the Comprehensive Plan, but is a similar use.
Consistency
Recommendation
The proposed modification is generally CONSISTENT with the 2016
Comprehensive Plan because commercial uses, such as the existing storage
facility, are allowed within the Community Mixed Use place type, and the
proposed recreational vehicle and boat storage area is a similar use.
STAFF RECOMMENDATION AND SUGGESTED MOTION
Staff recommends approval of the Conditional Zoning District modification and suggests the
following motion:
I move to APPROVE the proposed modification to the conditional district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because commercial uses
are appropriate within the Community Mixed Use place type, and the proposed use is similar
to the existing facility already approved for the site. I also find APPROVAL of the modification
request is reasonable and in the public interest because the proposal would minimize the visual
impact of the business by providing additional landscaping and buffering, and provide services
to the nearby residents that will minimize vehicle trips and miles traveled.
The existing conditions placed on the original Conditional Zoning District shall remain in effect.
The following conditions shall be added to this Conditional Zoning District:
1. In addition to the required opaque landscape buffering, the property owner shall buffer
the eastern side of the boat/RV lot by:
a. Retaining the existing 8-foot-high wood fence, and
b. Planting an additional evergreen hedge between the boat/RV lot and adjacent
residential properties that will provide a continuous screen and be of a species that
Planning Board - July 11, 2019
ITEM: 2 - 2 - 10
Z-965M Staff Report PB 7.11.2019 Page 11 of 11
reaches at least 15 feet tall at full maturity, such as wax myrtles or other similar
species.
2. The property owner shall minimize the visual impact of the mini-warehouse and boat/RV
storage lot by:
a. Prohibiting boats/RVs that are greater than 12 feet in height within 45 feet of the
eastern fence line. Measurement shall be taken from the established grade to the
highest point of the boat or vehicle.
Planning Board - July 11, 2019
ITEM: 2 - 2 - 11
CAROLINABEACHRD
P
AOLICT
BONAIRERD
BALA LN
COASTALAVE
SCHOONERPL
CASSIMIRPL WALTERAVE
BERWYNDR
SAINT VINCENT DR
INLETACRESDR
RED LIGHTHOUSE LN
LITTLEPONYTRL
RADNOR RD
SALIENT PT
7310
7319
7285
7386
73117303
820818
830
7204
832
832
800
825
821
809
804
828
824
800
821
7178
819
7245
7329
801
822
7300
806
7247
868
7348
7290
7284
7182
826
7244
7230
825
7210
813
804805
812
937
816
820
808
7243
7325
7275
828
836
817
816
803
853
857
861
865 869 873
CAROLINABEACHRD
CUD O&I
FF
B-1
CZD
B-2
R-15
CZD O&I
R-10Z-965M
Z-965M
(CZD) B-2/
RV/Boat Storage
(CZD) B-2/
Mini-Storage Warehouse
7275 Carolina
Beach Rd
Z-965M
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
1,000
Feet Neighboring ParcelsPlanning Board - July 11, 2019
ITEM: 2 - 3 - 1
CAROLINABEACHRD
P
AOLICT
BONAIRERD
BALA LN
COASTALAVE
SCHOONERPL
CASSIMIRPL WALTERAVE
BERWYNDR
SAINT VINCENT DR
INLETACRESDR
RED LIGHTHOUSE LN
LITTLEPONYTRL
RADNOR RD
SALIENT PT
B-1
CZD B-2
R-15
New Hanover County, NC
Zoning Districts
SHOD
A-I
AR
B-1
B-2
EDZD
I-1
I-2
O&I
PD
R-10
R-15
R-20
R-20S
R-7
RA
RFMU
SC
Incorporated Areas
Indicates Conditional Use District (CUD)
Indicates Conditional Zoning District (CZD)
See Section 55.1 of the Zoning OrdinanceCOD
Sewer
Water
Z-965M
(CZD) B-2/
RV/Boat Storage
(CZD) B-2/
Mini-Storage Warehouse
7275 Carolina
Beach Rd
Z-965M
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
1,000
FeetPlanning Board - July 11, 2019
ITEM: 2 - 4 - 1
CAROLINABEACHRD
P
AOLICT
BONAIRERD
BALA LN
COASTALAVE
SCHOONERPL
CASSIMIRPL WALTERAVE
BERWYNDR
SAINT VINCENT DR
INLETACRESDR
RED LIGHTHOUSE LN
LITTLEPONYTRL
RADNOR RD
SALIENT PT
GENERAL
RESIDENTIAL
COMMUNITY
MIXED USEGENERAL
RESIDENTIAL
CONSERVATION
CONSERVATION
CONSERVATION
New Hanover County, NC
Place Types
COMMERCE ZONE
EMPLOYMENT CENTER
GENERAL RESIDENTIAL
URBAN MIXED USE
COMMUNITY MIXED USE
RURAL RESIDENTIAL
CONSERVATION
Z-965M
(CZD) B-2/
RV/Boat Storage
(CZD) B-2/
Mini-Storage Warehouse
7275 Carolina
Beach Rd
Z-965M
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
1,000
FeetPlanning Board - July 11, 2019
ITEM: 2 - 5 - 1
APPLICANT
MATERIALS
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ITEM: 2 - 6 - 1
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ITEM: 2 - 7 - 2
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ITEM: 2 - 7 - 4
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ITEM: 2 - 7 - 5
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ITEM: 2 - 7 - 6
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ITEM: 2 - 7 - 7
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ITEM: 2 - 7 - 8
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ITEM: 2 - 7 - 9
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ITEM: 2 - 7 - 10
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ITEM: 2 - 7 - 12
PROPOSED
SITE PLAN
Planning Board - July 11, 2019
ITEM: 2 - 8 - 1
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Planning Board - July 11, 2019ITEM: 2- 9 - 1