11072019_November_2019_Agenda_Packet
N E W H A N O V E R C O U N T Y
P L A N N I N G B O A R D A G E N D A
A ssembly Room, N ew H anover County H istoric Courthouse
24 North Third S treet, Room 301 Wilmington, N C 28401
M embers of the B oard
D onna G irardot, C hair | Paul B oney, V ice-Chair
Thomas 'J ordy' R awl | Ernest O lds | J effrey B . Petroff | H . Allen Pope | C olin J . Tarrant
Wayne C lark, Director of P lanning & Land U se | Ken Vafier, P lanning M anager
N O VE M B E R 7, 2019 6:00 P M
M ee7ng called to order by Chair, D onna G irardot
P ledge of A llegiance - Ken Vafier
A pproval of Minutes
A pproval of 2020 Mee7 ng C alendar
R EG U L A R I T E M S O F B U S I N E S S
The P lanning B oard may consider substanal changes in t hese peons as a result of objecons, debate,
and discussion at the meeng, including rez oning t o other classifi caons.
1 Rezoning Request (Z 19-15) – Reques t by D es ign S olu7 ons on behalf of the property owner, H D,
L L C, to rez one approximately 74.85 acres of land located near the 5800 block of Carolina Beach
Road, nor th of the exis 7 ng Tarin Woods subdivis ion, from R-15, Res iden7 al D is trict, to R-5,
Moderate-H igh Res iden7al D is trict.
2 Rezoning Reques t (Z 19-11) – Reques t by D es ign S olu7ons on behalf of the property ow ner, T F
H oldings Ltd Partnership, to rezone approximately 8.55 acres of land located in the 3000 block of
Blue Clay Road from R-20, Residen7 al D is trict, to R-5, M oderate-high Res iden7al D istrict.
3 Rezoning Reques t (Z 19-13) - Reques t by M ihaly L and D es ign, P L L C, on behalf of the property
ow ner, C hase & D ylan Mihaly, L L C , to rez one approximately 0.3 4 acr es of land located at 7031
Market S treet from R-15, Res iden7al D is tr ict, to (C Z D ) B -2 , C ondi7onal H ighw ay Busines s
D istrict, in order to develop an office building.
4
Rezoning Reques t (Z 18-09 M ) – Reques t by D esign S olu7ons on behalf of the pr oper ty ow ner, C H
Boun7 ful O pera7ng, L L C , to modify the conceptual site plan and condi7ons of appr oval of an
exis7 ng (C Z D ) R-10 dis trict (z oning case Z 18-09), located on approximately 1 6 .76 acr es of land in
the 500 block of Boun7 ful L ane, to change the permiGed hous ing ty pe from tow nhomes to single-
family homes.
5 S pecial Use Permit Request (S 19-0 3 ) – Reques t by New Beginning Chr is 7an Church for a S pecial
Use Permit to operate a child care center at 3 1 2 0 A lex Tras k D riv e, w ithin the R -2 0 , Res iden7 al
D istrict.
6 S pecial Use Permit Request (Z 17-0 9 ) – Reques t by C oas tal L and D es ign, on behalf of the property
ow ner, P res erva7on Point Partner s hip, L L C , for a S pecial U s e Permit for a community boa7ng
facility located on 134.9 acres of land located w ithin the P res er va7on Point development and
near the 100 block of Brentw ood D riv e. T he pr eviously issued S pecial U se Per mit expired in
Planning Board - November 7, 2019
A ugust 2019.
OT H E R I TE M S
1 D evelopment Code Update ("U nified D evelopment O rdinance P roj ect') - P hase 2 Reorganiz ed
D ocument
2 A djourn
Planning Board - November 7, 2019
N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 11/7/2019
Regular
D E PA R T M E N T: Planning P R E S E N T E R(S ): B rad Schuler, Senior Planner
C O N TA C T (S ): B rad Schuler; Wayne C lark, Pla nning & L and U se D irector
S U B J EC T:
Rezoning Request (Z 19-15) – Request by Desig n S olu3 ons on behalf of the property owner, H D, L LC , to rezone
approximately 74.85 acres of land loc ated near the 5800 block of C arolina Beach Road, north of the exis3 ng Tarin
Woods subdivision, from R -15, Residen3al Distric t, to R -5, M oderate-High Residen3al District.
B R I E F S U M M A RY:
T he area pro posed to be rezoned is an extension of the exis$ng Tarin Woo ds I I subdivisio n. T his subdivisio n currently
has appro val f o r 188 single-family lots, 81 of which are loca ted in the area pro posed to be rezo ned. 103 lots have been
pla/ed, abo ut half of which contain occupied homes.
T he current zo ning o f the pro perty (R -15) would allow up to 187 dwelling units at a maximum density o f 2.5 dwelling
units per a c re. T he propo sed R -5 district would allo w up to 599 dwelling units at maximum density of 8 dwelling units
per acre. T he propo sed zo ning would allow a ma ximum of inc rea se o f 412 units.
T he R -15 and R -5 districts are both residen$al zoning districts. W hile the R -5 district permits mo re ba se density than
the R -15 district, it prohibits mobile homes and typical mul$-fa mily develo pment, like apartments, allowing a maximum
of 4 units within any residen$al structure. I n addi$on, the special use permit f o r high density developments is no t
permi/ed in the R -5 district, and the number of permi/ed nonresiden$al uses is reduced.
Access is provided to the subject pro perty by Manassa s Drive (S R 1581) which co nnects to C arolina B ea c h Road. T he
develo pment a lso co nnects to the a dja c ent residen$al subdivisio ns of B a/le Park, C ovingto n and Tarin Wo o ds by way
of Shiloh Drive, Appoma/ox D rive, and Ta rin Road. I n addi$on, exis$ng and future interconnec$vity allows f o r access
to Myrtle Gro ve Road thro ugh the Sentry O aks subdivisio n a nd the propo sed C o ngleto n Farms subdivisio n.
T he applicant completed a Tra ffic I mpact Analysis (T I A) for the Tarin Wo o ds I I subdivision in 2018 which studied the
impacts o f 339 single-f amily units and 192 mul$-f amily units being pro posed at that $me. T he es$mated trips from a
develo pment of this intensity is abo ut 350 in the A M peak hour and 460 in the P M peak. T he improvements required as
part of tha t T I A included the installa$on of no rthbo und le@over/U -turn la ne o n C arolina B each Ro ad at the Harris
Teeter driveway (required to be installed prio r to 215 lo ts being pla/ed), and the installa$o n o f a seco nd westbound
right turn lane on Manassas Drive at C arolina B each Ro ad.
T he a pplic ant pro vided staff a c o nceptual mix o f housing types f o r the subject site that they are considering if the R -5
zo ning is appro ved. T he conceptual mix o f ho using includes 340 units co nsis$ng of 154 single-family dwellings and 186
townho mes. W hen including the exis$ng 103 pla/ed single-family lots, a develo pment o f this intensity wo uld generate
about 270 trips in the A M peak and 350 trips in P M peak. T he es$mated trip genera$o n for the mix of ho using is less
than what was studied in the T I A.
U nder this pro posed mix of housing, the es$mated trip genera$on wo uld be an increase o f about 65 trips in the A M
peak hour and 160 trips in the PM peak hour f ro m what co uld be develo ped on the site under its c urrent zo ning. I f the
Planning Board - November 7, 2019
ITEM: 1
pro posed R -5 zo ning is approved, N C D OT will determine if addi$onal traffi c analysis and improvements are needed as
part of the develo pment review process.
T he 2016 C o mprehensive Plan classifi es the site as General Residen$al and U rban Mixed U se, though o nly ro ughly
2.5% o f the site is designated a s U rban Mixed U se. B ecause of the general nature of place type borders, sites located
in proximity to the bo undaries between place types c o uld be appropriately develo ped with either place type, allo wing
site-specifi c f eatures and evolving development pa/erns in the surro unding area to be considered.
T he propo sed R -5 zo ning is generally C O N S I S T E N T with the intent of the 2016 C omprehensive Plan beca use this
zo ning district is intended to pro vide a transi$on between higher intensity uses and residen$a l densi$es, such as tho se
allo wed in the U rban Mixed U se place type alo ng C arolina B each Ro ad, and the General Residen$a l development
pa/ern o f the exis$ng neighborhoods east of the site.
S T R AT EGI C P L A N A L I G N M E N T:
I ntelligent Growth and Economic D evelopment
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
Staff recommends appro val of the applica$on and suggest the f o llo wing mo $o n:
I mo ve to A P P R OV E the pro posed rezo ning to a R -5 district. I fi nd it to be C O N S I S T E N T with the purposes and
intent o f the C omprehensive Plan because the proposal pro vides a n orderly tra nsi$o n between the exis$ng lo wer
density residen$al areas and the an$cipated higher intensity development adjacent to C arolina B each Ro ad and
pro vides for a range of housing types alo ng a major roadway. I also fi nd A P P R OVA L o f the rezo ning request is
reaso nable and in the public interest because the proposa l supports opportuni$es f o r more affordable housing and
assists with providing a range of housing types to the a rea .
A lterna3 ve M o3on for Denial
I move to D E N Y the proposed rezoning to a R -5 district. W hile I find it to be C O N S I S T E N T with the purposes and
intent o f the C omprehensive Plan because the proposal pro vides a n orderly tra nsi$o n between the exis$ng lo wer
density residen$al areas and the an$cipa ted higher intensity development adjacent to C arolina B each Road, and
pro vides f o r a range of housing types along a major ro adwa y, I fi nd DE N I A L of the rezoning request is reaso nable and
in the public interest because the propo sa l is not co nsistent with the desired character o f the surrounding co mmunity
and the density will adversely impact the adjacent neighbo rhoods.
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - November 7, 2019
ITEM: 1
SCRIPT for Zoning Map Amendment Application (Z19-15)
Request by Design Solutions on behalf of the property owner, HD, LLC, to rezone approximately 74.85
acres of land located near the 5800 block of Carolina Beach Road, north of the existing Tarin Woods
subdivision, from R-15, Residential District, to R-5, Moderate-High 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:
I move to APPROVE the proposed rezoning to a R-5 district. I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition
between the existing lower density residential areas and the anticipated higher intensity development
adjacent to Carolina Beach Road and provides for a range of housing types along a major roadway.
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.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a R-5 district. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition
between the existing lower density residential areas and the anticipated higher intensity development
adjacent to Carolina Beach Road, and provides for a range of housing types along a major roadway,
I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is
not consistent with the desired character of the surrounding community and the density will adversely
impact the adjacent neighborhoods.
Planning Board - November 7, 2019
ITEM: 1 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a R-5 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 - November 7, 2019
ITEM: 1 - 1 - 2
Z19-15 Staff Report 11.7.2019 Page 1 of 12
STAFF REPORT FOR Z19-15
ZONING MAP AMENDMENT APPLICATION
R-5 MODERATE-HIGH RESIDENTIAL ZONING OVERVIEW
The R-5 Moderate-High Residential Zoning District is one of eight new zoning districts
approved by the Board of Commissioners in July.
The intent of the R-5 district is to provide moderate to high density residential development
on smaller lots in conjunction with a compact and walkable development design. The R-5
district permits a range of housing types that can be developed in concert with non-
residential developments, creating a mixed-use development pattern. This district serves as
a transition between mixed-use or commercial development and low to moderate density
residential developments.
The R-5 district allows duplexes, triplexes, quadruplexes, townhomes, and accessory
dwelling units. However, mobile homes and multi-family developments, such as traditional
apartments, are not permitted in this district.
APPLICATION SUMMARY
Case Number: Z19-15
Request:
Zoning Map amendment to rezone 76.92 acres from R-15 to R-5
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions HD, LLC
Location: Acreage:
5800 Block of Carolina Beach Road;
600 Block of Manassas Drive. 74.85
PID(s): Comp Plan Place Type:
The PIDs are included in the applicant’s materials. General Residential & Urban Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be
developed in accordance with the R-5 district
Current Zoning: Proposed Zoning:
R-15 R-5 Moderate-High Residential
Planning Board - November 7, 2019
ITEM: 1 - 2 - 1
Z19-15 Staff Report 11.7.2019 Page 2 of 12
SURROUNDING AREA
LAND USE ZONING
North
Undeveloped, Institutional (Autumn Care of Myrtle
Grove), Commercial (Discount House), Single-Family
Residential
R-15, (CZD) B-2
East Single-Family Residential (Sentry Oaks) R-15
South Single-Family Residential (Tarin Woods, Battle Park,
Covington) R-15
West General Commercial – Office, retail, warehousing,
Tregembo Animal Park B-2
ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 4)
Planning Board - November 7, 2019
ITEM: 1 - 2 - 2
Z19-15 Staff Report 11.7.2019 Page 3 of 12
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, Murray
Middle, and Ashley High schools
Recreation Myrtle Grove School Park, Monterey Heights, Veterans Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The Conservation Overlay District Map indicates that pocosin wetlands may
exist on the property. The property owner further evaluated the site during
a previous preliminary plat application and delineated the areas which are
subject to additional standards of the Conservation Overlay District. The
preliminary plat review indicated that the proposed development is
capable of complying with these standards.
Historic No known historic resources
Archaeological No known archaeological resources
ZONING CONSIDERATIONS
The area proposed to be rezoned is an extension of the existing Tarin Woods II subdivision.
This subdivision currently has approval for 188 single-family lots, 81 of which are located
in the area proposed to be rezoned. 103 lots have been platted, about half of which contain
occupied homes.
Planning Board - November 7, 2019
ITEM: 1 - 2 - 3
Z19-15 Staff Report 11.7.2019 Page 4 of 12
The current zoning of the property (R-15) would allow up to 187 dwelling units at a
maximum density of 2.5 dwelling units per acre. The proposed R-5 district would allow up
to 599 dwelling units at maximum density of 8 dwelling units per acre. The proposed zoning
would allow a maximum of increase of 412 units.
The R-15 and R-5 districts are both residential zoning districts. While the R-5 district permits
more base density than the R-15 district, it prohibits mobile homes and typical multi-family
development, like apartments, allowing a maximum of 4 units within any residential
structure. In addition, the special use permit for high density developments is not permitted
in the R-5 district, and the number of permitted nonresidential uses is reduced.
R-15 R-5
Min Lot Size (Conventional) 15,000 sf 5,000 sf
Base Density (Performance) 2.5 du/ac
(187 total units)
8 du/ac
(615 total units)
HD Special Use Permit 10.2 du/ac (763 total units) N/A
Permitted Housing Types
Single-family, mobile home,
duplex, townhomes, multi-
family
Single-family, duplex,
townhome (max 4-units)
Nonresidential Uses
≈ 20 uses w/ SUP
(convenience stores, kennels,
camping)
≈ 15 uses by-right
(wholesale nurseries, stables)
≈ 10 uses w/ SUP
(recreation establishments,
day care centers)
≈ 10 uses by-right (parks,
libraries, churches)
Planning Board - November 7, 2019
ITEM: 1 - 2 - 4
Z19-15 Staff Report 11.7.2019 Page 5 of 12
Because this is a general map amendment and not a conditional rezoning, uses that would
be allowed on the property are those allowed by right or by Special Use Permit in the R-5
district. A conceptual site plan is not included with this application, however, if approved,
the development of the site must comply with the standards of the R-5 district and other
applicable regulations, including buffering and stormwater standards. Compliance with
these provisions will be reviewed by the Technical Review Committee during the subdivision
review process.
TRANSPORTATION
Access is provided to the subject property by Manassas Drive (SR 1581) which connects to
Carolina Beach Road. The development also connects to the adjacent residential subdivisions
of Battle Park, Covington and Tarin Woods by way of Shiloh Drive, Appomattox Drive, and
Tarin Road. In addition, existing and future interconnectivity allows for access to Myrtle
Grove Road through the Sentry Oaks subdivision and the proposed Congleton Farms
subdivision.
Although the project provides three access points to adjacent subdivisions, only Manassas
Drive provides a direct connection to Carolina Beach Road. This is not the preferred
approach for access but, there are limits to providing additional access points to the project
due to the existing development pattern in the area. Many of the abutting properties have
been developed, and a possible direct connection to Carolina Beach Road from the subject
property was requested to be removed by NCDOT due to safety issues caused by the
proximity to the intersection of Carolina Beach Road and Sanders Road. The subject
property also abuts Rosa Parks Lane, however, this road is not maintained by NCDOT and
is unimproved adjacent the subject site. A future phase of Tarin Woods II, located south of
the Myrtle Grove Shopping Center, had proposed a connection to that shopping center via
The Kings Highway. That phase is not proposed at this time and there is no guarantee that
connection will be made.
The applicant completed a Traffic Impact Analysis (TIA) for the Tarin Woods II subdivision
in 2018 which studied the impacts of 339 single-family units and 192 multi-family units
being proposed at that time. The estimated trips from a development of this intensity is
about 350 in the AM peak hour and 460 in the PM peak. The improvements required as
part of that TIA included the installation of northbound leftover/U-turn lane on Carolina
Beach Road at the Harris Teeter driveway (required to be installed prior to 215 lots being
platted), and the installation of a second westbound right turn lane on Manassas Drive at
Carolina Beach Road.
Planning Board - November 7, 2019
ITEM: 1 - 2 - 5
Z19-15 Staff Report 11.7.2019 Page 6 of 12
Required Road Improvements based on 2018 TIA
As currently zoned, R-15, the subject site would be permitted a maximum of 187 dwelling
units under the performance residential standards (including the 81 lots already given
preliminary approval). A detached single-family dwelling typically generates about one
trip during the PM peak hours. Therefore, the property could currently generate
approximately 187 trips during the PM peak hours.
The R-5 district would allow up to 599 dwelling units (8 du/ac), however, due to the area
needed for the lots, roads, and open space, it is expected the subdivision would have to
include attached housing, like townhomes, in order to achieve the maximum density in this
district. According to the Institute of Transportation Engineers (ITE), townhomes generally
generate about half the amount of trips as a single-family dwelling.
The applicant provided staff a conceptual mix of housing types for the subject site that they
are considering if the R-5 zoning is approved. The conceptual mix of housing includes 340
units consisting of 154 single-family dwellings and 186 townhomes. When including the
existing 103 platted single-family lots, a development of this intensity would generate
about 270 trips in the AM peak and 350 trips in PM peak. The estimated trip generation
is less than what was studied in the TIA.
Under this proposed mix of units, the estimated trip generation would be an increase of
about 65 trips in the AM peak hour and 160 trips in the PM peak hour from what could be
developed on the site under its current zoning.
If the proposed R-5 zoning is approved, NCDOT will determine if additional traffic analysis
and improvements are needed as part of the development review process.
Planning Board - November 7, 2019
ITEM: 1 - 2 - 6
Z19-15 Staff Report 11.7.2019 Page 7 of 12
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
STIP Project U-5790
o Project to convert the intersection of Carolina Beach 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. Bidding of the project is expected to occur in 2024.
Planning Board - November 7, 2019
ITEM: 1 - 2 - 7
Z19-15 Staff Report 11.7.2019 Page 8 of 12
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. Tarin Woods II
(Includes Subject
Site)
Phase 2A:
214 Single-Family Homes
Phase 2B(1) – Includes Phase 2A:
339 Single-Family Homes
192 Multi-Family Units
Approved October 31, 2018
2020 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a northbound leftover/U-turn on Carolina Beach Road at the Harris Teeter
driveway (required to be installed during the development of Phase 2A).
Installation of a second westbound right turn lane on Manassas Drive at Carolina Beach
Road.
Nearby Proposed Developments included within the TIA:
Beau Rivage Update
Beau Rivage Townhomes
Development Status: Development is under construction. 103 lots have been platted at this
time.
2. Carolina Beach
Road Development
20,320sf of Discount Store
14,830sf of Shopping Center
Approved February 26,
2018
2022 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a southbound right turn lane on Carolina Beach Road at the site’s access.
Increasing the length of an existing southbound u-turn lane on Carolina Beach Road at
Cathay Road.
Nearby Proposed Developments included within the TIA:
Beau Rivage Update
Beau Rivage Townhomes
Development Status: No construction has started at this time
Planning Board - November 7, 2019
ITEM: 1 - 2 - 8
Z19-15 Staff Report 11.7.2019 Page 9 of 12
3. Kaylies Cove 110 Single-Family Homes
Approved February 20,
2018
2019 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a eastbound right turn lane and westbound left turn lane on Piner Road
at the site’s access.
Nearby Proposed Developments included within the TIA:
None
Development Status: Under construction. 79 lots have been platted at this time. The right-
turn has been installed.
4. Congleton Farms 162 Single-Family Homes Approved February 5, 2018
2018 Build Out Date
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Constructing the section of Lieutenant Congleton Road along the site frontage to connect
to the existing roadway with one lane in each direction.
Nearby Proposed Developments included within the TIA:
None
Development Status: Construction of the subdivision’s infrastructure is currently underway.
5. Beau Rivage
Update
4,500 square feet of drive-
thru bank
3,500 square feet of fast
food drive thru
6,900 square feet of
supermarket (addition to the
existing Harris Teeter)
7,500 square feet of
shopping center
Approved December 28, 2016
2018 Build Out Date
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of an eastbound right-turn lane on Sanders Road at the site’s access and
Carolina Beach Road.
Nearby Proposed Developments included within the TIA:
Tarin Woods
River Lights
Development Status: Under construction. The right-turn lane on Sanders Road at the site’s
access has been constructed.
Planning Board - November 7, 2019
ITEM: 1 - 2 - 9
Z19-15 Staff Report 11.7.2019 Page 10 of 12
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
Existence of wetlands will be verified during the development review process for the
undeveloped portions of the site.
The property is within the Everett Creek (SA;HQW) and Motts Creek (C;Sw) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class I (suitable/slight limitation), Class III (severe limitation), and
Class IV (unsuitable) soils, however, the site will be served by CFPUA water and sewer.
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 & Urban Mixed Use
The subject parcel is primarily General Residential, with roughly 2.5%
designated as Urban Mixed Use.
Because of the general nature of place type borders, sites located in
proximity to the boundaries between place types could be appropriately
developed with either place type, allowing site-specific features and
evolving development patterns in the surrounding area to be considered.
Planning Board - November 7, 2019
ITEM: 1 - 2 - 10
Z19-15 Staff Report 11.7.2019 Page 11 of 12
Place Type
Description
General Residential: 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.
Urban Mixed Use: Promotes development of a mix of residential, office,
and retail uses at higher densities. Types of uses encouraged include office,
retail, mixed use, small recreation, commercial, institutional, single-family,
and multi-family residential.
Analysis
The subject parcel is located between existing lower density residential
neighborhoods and the Carolina Beach Road commercial corridor, which is
envisioned for the most intensive place type, Urban Mixed Use.
In general, the Comprehensive Plan designates areas along roadways for
higher residential densities and a mix of uses and those near existing
neighborhoods as General Residential in order to allow for an orderly
transition of densities and intensities.
The proposed R-5 zoning, one of the new zoning tools adopted this summer
to provide for the development patterns outlined in the Comprehensive Plan,
would provide a transition in density and intensity between existing and
future development along Carolina Beach Road, and the existing single
family residential districts to the east. Providing a transition between mixed-
use or commercial development and low to moderate density residential
development is one of the stated intents of this districts.
Consistency
Recommendation
The proposed R-5 zoning is generally CONSISTENT with the intent of the
2016 Comprehensive Plan because this zoning district is intended to provide
a transition between higher intensity uses and residential densities, such as
those allowed in the Urban Mixed Use place type along Carolina Beach
Road, and the General Residential development pattern of the existing
neighborhoods east of the site.
STAFF RECOMMENDATION
The proposed R-5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because
it would provide an orderly transition between existing lower density residential neighborhoods
and anticipated higher intensity development adjacent to Carolina Beach Road and would align
with the Comprehensive Plan’s goals of more diversity of housing types.
Therefore, staff recommends approval of this application and suggests the following motion:
I move to APPROVE the proposed rezoning to a R-5 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposal provides an orderly transition between the existing lower density residential
areas and the anticipated higher intensity development adjacent to Carolina Beach
Road and provides for a range of housing types along a major roadway. I also find
Planning Board - November 7, 2019
ITEM: 1 - 2 - 11
Z19-15 Staff Report 11.7.2019 Page 12 of 12
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.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a R-5 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposal provides an orderly transition between the existing lower density residential
areas and the anticipated higher intensity development adjacent to Carolina Beach
Road, and provides for a range of housing types along a major roadway, I find
DENIAL of the rezoning request is reasonable and in the public interest because the
proposal is not consistent with the desired character of the surrounding community and
the density will adversely impact the adjacent neighborhoods.
Planning Board - November 7, 2019
ITEM: 1 - 2 - 12
Planning Board - November 7, 2019
ITEM: 1 - 3 - 1
Planning Board - November 7, 2019
ITEM: 1 - 4 - 1
Planning Board - November 7, 2019
ITEM: 1 - 5 - 1
APPLICANT
MATERIALS
Planning Board - November 7, 2019
ITEM: 1 - 6 - 1
Planning Board - November 7, 2019
ITEM: 1 - 7 - 1
Rezoning Parcel List:
NHCo PINOwnerSitus Address
p/o 313306.49.7239HD, LLC5841 Carolina Beach Rd
p/o 313307.38.8611HD, LLC5819 Carolina Beach Rd
313306.48.5058HD, LLCAppomattox Dr
313310.37.8374HD, LLC5944 Shiloh Dr
313310.37.8481HD, LLC5940 Shiloh Dr
313310.37.8488HD, LLC5936 Shiloh Dr
313306.37.8588HD, LLC5930 Shiloh Dr
313306.37.8696HD, LLC5926 Shiloh Dr
313306.37.9704HD, LLC5922 Shiloh Dr
313306.48.0256HD, LLC5923 Carolina Beach Rd
313306.48.1270HD, LLC5901 Shiloh Dr
313306.48.1172HD, LLC5905 Shiloh Dr
313306.48.1063HD, LLC5909 Shiloh Dr
313306.47.1966HD, LLC5913 Shiloh Dr
313306.47.1857HD, LLC5917 Shiloh Dr
313306.47.1749HD, LLC5921 Shiloh Dr
313306.47.1742HD, LLC5925 Shiloh Dr
313306.47.1643HD, LLC5929 Shiloh Dr
313306.47.1545HD, LLC5933 Shiloh Dr
313310.47.1427HD, LLC5937 Shiloh Dr
313310.47.1420HD, LLC5941 Shiloh Dr
313310.47.1312HD, LLC5945 Shiloh Dr
Planning Board - November 7, 2019
ITEM: 1 - 7 - 2
Planning Board - November 7, 2019
ITEM: 1 - 7 - 3
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CynthiaA Wolf10/08/19
Agentfor
CYNTHIA A WOLF
Thistractisdefinedasaplace-typeofGeneralResidentialontheComprehensivePlan,butisthefirsttierbeyondthe
CommunityMixed-Useplace-typethatbordersCarolinaBeachRoad.Thepoliciessuggesthigherdensitiesofresidential
developmentasanappropriatetransitiontosupportthesurroundingcommercialservicesandcompactdevelopmentpatterns.
Adensityofonly8unitsperacre,andthecontroloveramaximumattached-housingtypeofquadriplexes,withinanR-5district
wouldbeconsistentwithtransitioningbetweenbusyhighwaycorridorsandmorethemoreestablishedresidential
neighborhoods.
Theareassurroundingthesubjectpropertyhavebeendevelopingwithsingle-familyhousingoverthepastseveralyears,but
becauseoftheneedforaliftstation,sanitarysewerservicewasnotpreviouslyavailabletotheselands.Inter-connectivityand
sewercapacitynowmakerezoningthispropertyformoderate-ensityresidentialdevelopmentamorelogicaltransitionanda
moreefficientlanduse.
TheComprehensivePlanpromotesfosteringsustainablegrowththroughsensibleinfillwhereadequateservicesarealready
available.Allowingincreaseddensityonthispropertywillimprovetheformandfunctionofanunderutilizedsite,maximize
landuseefficiency,andisagoodeconomicdevelopmentopportunity.
Planning Board - November 7, 2019
ITEM: 1 - 7 - 4
Planning Board - November 7, 2019
ITEM: 1 - 7 - 5
Legal Description for
Conditional District Rezoning
Tract #1
Beginning at a point in the eastern boundary of Shiloh Drive, said point being at the
southwestern corner of “Lot 23” on a subdivision plat entitled “Battle Park – Section 6,”
recorded among the land records of the New Hanover County Registry in Map Book 9,
at Page 45; and running thence from the point of beginning:
North 04-32-24 East, 951.67 feet to a point; thence
South 77-26-57 West, 259.20 feet to a point; thence
North 04-32-24 East, 219.23 feet to a point; thence
North 74-29-22 East, 17.29 feet to a point; thence
North 13-49-04 East, 405.92 feet to a point; thence
South 65-37-26 East, 292.00 feet to a point; thence
North 25-41-42 East, 450.02 feet to a point; thence
North 65-37-58 West, 281.94 feet to a point; thence
North 31-08-21 East, 439.77 feet to a point; thence
South 82-25-07 East, 942.56 feet to a point; thence
North 12-22-28 West, 163.99 feet to a point; thence
North 17-30-29 East, 759.46 feet to a point; thence
South 72-29-31 East, 210.00 feet to a point; thence
South 17-30-29 West, 119.40 feet to a point; thence
South 72-29-31 East, 210.97 feet to a point; thence
South 80-02-21 East, 453.65 feet to a point; thence
South 09-57-39 West, 1760.88 feet to a point; thence
North 80-02-21 West, 137.50 feet to a point; thence
North 72-00-05 West, 45.45 feet to a point; thence
North 80-02-21 West, 125.00 feet to a point; thence
North 09-57-39 East, 398.89 feet to a point; thence
North 80-02-21 West, 10.00 feet to a point; thence
North 09-57-39 East, 10.00 feet to a point; thence
North 80-02-30 West, 314.00 feet to a point; thence
South 09-57-30 West, 312.35 feet to a point; thence
North 80-02-30 West, 185.00 feet to a point; thence
North 79-54-19 West, 460.40 feet to a point; thence
South 10-38-19 West, 32.78 feet to a point; thence
South 05-51-32 West, 66.27 feet to a point; thence
South 10-00-08 West, 51.31 feet to a point; thence
South 01-58-57 East, 69.86 feet to a point; thence
South 07-57-19 East, 30.17 feet to a point thence
South 01-28-03 East, 35.53 feet to a point; thence
North 68-06-05 West, 25.89 feet to a point; thence
South 21-53-55 West, 30.00 feet to a point; thence
South 68-06-05 East, 39.45 feet to a point; thence
South 42-45-53 East, 15.50 feet to a point; thence
South 37-36-19 East, 11.26 feet to a point; thence
Planning Board - November 7, 2019
ITEM: 1 - 7 - 6
(Continued Legal Description Tract #1)
South 50-13-49 West, 188.58 feet to a point; thence
South 39-46-11 East, 149.44 feet to a point; thence
South 50-13-49 West, 45.00 feet to a point; thence
South 39-46-11 East, 65.00 feet to a point; thence
South 50-13-49 West, 120.00 feet to a point; thence
North 39-46-11 West, 50.00 feet to a point; thence
South 55-02-27 West, 59.10 feet to a point; thence
South 21-35-17 West, 129.57 feet to a point; thence
South 01-28-12 East, 44.26 feet to a point; thence
South 11-01-50 West, 180.38 feet to a point; thence
South 08-24-13 West, 95.14 feet to a point; thence
South 03-42-34 East, 34.88 feet to a point; thence
South 40-14-22 West, 108.17 feet to a point; thence
North 62-19-40 West, 45.81 feet to a point; thence
Along a curve to the right, having a Radius of 25.00 feet and Length of 42.68 feet
a Chord of South 63-00-01 West, 37.68 feet to a point; thence
South 19-38-43 West, 45.03 feet to a point; thence
Along a curve to the right, having a Radius of 25.00 feet and Length of 39.91 feet
a Chord of South 23-30-53 East, 35.10 feet to a point; thence
South 21-04-02 West, 43.16 feet to a point; thence
North 63-36-55 West, 6.63 feet to a point; thence
North 85-21-52 West, 139.13 feet to a point; thence
North 04-34-17 East, 75.04 feet to a point; thence
North 86-50-34 West, 167.72 feet to the point and place of beginning, containing 74.85
acres more or less.
Tract #2:
Beginning at a point in the western boundary of Shiloh Drive; said point being at the
southeastern corner of “Lot 1” on a subdivision plat entitled “Battle Park – Section 6,”
recorded among the land records of the New Hanover County Registry in Map Book 9,
at Page 45; and running thence from the point of beginning:
North 81-25 West, 187.75 feet to a point; thence
North 08-32 East, 480.00 feet to a point; thence
South 81-25 East, 187.75 feet to a point; thence
South 08-32 West, 480.00 feet to the point and place of beginning, containing
2.07 acres more or less.
Planning Board - November 7, 2019
ITEM: 1 - 7 - 7
Planning Board - November 7, 2019
ITEM: 1 - 7 - 8
Planning Board - November 7, 2019
ITEM: 1 - 7 - 9
N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 11/7/2019
Regular
D E PA R T M E N T: Planning P R E S E N T E R(S ): Ro n Meredith, C urrent Planner
C O N TA C T (S ): Ro n Meredith, B rad Schuler; Wayne C lark, Planning & L and U se D irector
S U B J EC T:
Rezoning Request (Z 19-11) – Request by Desig n S olu2ons on behalf of the property owner, T F Holding s Ltd
Partnership, to rezone approximately 8.55 acres of land located in the 3000 bloc k of B lue C lay Road from R-20,
Residen2al District, to R-5, M oderate-high Residen2al District.
B R I E F S U M M A RY:
T he applica nt is pro posing to rezo ne approximately 8.55 a c res f ro m R -20 to R -5. T he subject property is lo c ated so uth
of the exis-ng R achel’s Place subdivision and to the no rth o f N orth Kerr Avenue. T he subject property is currently
undevelo ped.
T he current zoning of the property (R -20) would allow up to 16 dwelling units at a maximum density of 1.9 dwelling
units per acre. T he proposed R -5 district wo uld allow up to 68 dwelling units at a maximum density o f 8 dwelling units
per acre. T he propo sed zo ning would allow a ma ximum inc rea se o f 52 units.
T he R -20 and R -5 districts are both residen-al zoning districts. W hile the R -5 district permits mo re ba se density than
the R -20 district, it prohibits mobile homes and typical mul--fa mily develo pment, like apartments, allowing a maximum
of 4 units within any residen-al structure. I n addi-on, the special use permit f o r high density developments is no t
permi;ed in the R -5 district, and the number of permi;ed nonresiden-al uses is reduced.
Access is pro vided to the subject pro perty by B lue C lay Road. I n a ddi-o n, future roa dway connec-o ns a re available
no rth to the R achel’s Place subdivision and west to L o ng L eaf D rive in Wrightsboro Acres. As part o f the development
review process, the applicant must obtain a drivewa y permit f ro m N C D OT.
T he pro posed zoning wo uld allow a maximum o f 68 units. Typica lly, single-family dwellings generate appro ximately
one trip in the peak hours, while townhomes genera te a ppro ximately 0.5 trips in the peak ho urs.
Traffi c impacts are analyzed at the -me a develo pment is propo sed. Any use that exceeds 100 A M o r P M peak hour
trips will be required to have an approved Traffi c I mpact Analysis (T I A) prio r to development. Even if a T I A is no t
required, improvements may be required when any propo sed use is reviewed by N C D OT during the driveway permi@ng
pro cess.
W hile a T I A has not been co mpleted for a develo pment pro posal o n the subject site, the adjacent R achel’s Place
subdivisio n completed o ne in 2015. T hat T I A found the intersec-on of B lue C lay Road at N . Kerr Ave to be o pera-ng
at a L evel of Service (LO S) of B . I n addi-on, the T I A f o und tha t the co mple-o n of R a chel’s Place would ha ve a minimal
impact on the intersec-on resul-ng in an increase in the vehicle delay o f less than one second in the A M peak and no
increase in the delay in the P M peak.
T he 2016 C omprehensive Plan classifi es the subject site as C o mmunity Mixed U se. T he pro posed R -5 zo ning is
ge ne ra lly C O N S I S T E N T with the 2016 C o mprehensive Pla n because this zoning district is intended to provide a
Planning Board - November 7, 2019
ITEM: 2
transi-o n between higher intensity uses, such as tho se in the N orth Kerr I ndustrial Park, and the General Residen-al
develo pment pa;ern o f the exis-ng neighborhoods west o f the site.
S T R AT EGI C P L A N A L I G N M E N T:
I ntelligent Growth and Economic D evelopment
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
Staff recommends appro val and suggests the follo wing mo -o n:
I move to A P P R OV E the pro posed rezoning to a R -5 distric t. T he pro posed R -5 zoning is generally C O N S I S T E N T with
the 2016 C o mprehensive Plan because this zoning district is intended to provide a transi-on between higher intensity
uses, such as those in the N orth Kerr I ndustrial Pa rk, and the General Residen-al develo pment pa;ern o f the exis-ng
neighborho o ds west of the site.
Alterna-ve Mo -o n for Denial
I move to D E N Y the pro posed rezoning to a R -5 distric t. W hile I fi nd it to be C O N S I S T E N T with the purposes and
intent o f the C omprehensive Plan because the pro posal pro vides a n orderly transi-o n between the exis-ng lo wer
density residen-al areas and the higher intensity development adjacent to B lue C lay Ro ad, and pro vides for a range of
ho using types along a majo r roadway, I find D E N I A L of the rezoning request is reaso nable and in the public interest
because the pro posal is not consistent with the desired c ha racter o f the surro unding co mmunity and the density will
adversely impact the adjacent neighborhoods.
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - November 7, 2019
ITEM: 2
SCRIPT for Zoning Map Amendment Application (Z19-11)
Request by Design Solutions on behalf of the property owner, TF Holdings Ltd Partnership, to rezone
approximately 8.55 acres of land located in the 3000 block of Blue Clay Road from R-20, Residential
District, to R-5, Moderate-high 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:
I move to APPROVE the proposed rezoning to a R-5 district. The proposed R-5 zoning is generally
CONSISTENT with the 2016 Comprehensive Plan because this zoning district is intended to provide a
transition between higher intensity uses, such as those in the North Kerr Industrial Park, and the General
Residential development pattern of the existing neighborhoods west of the site.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a R-5 district. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition
between the existing lower density residential areas and the higher intensity development adjacent to
Blue Clay Road, and provides for a range of housing types along a major roadway, I find DENIAL of
the rezoning request is reasonable and in the public interest because the proposal is not consistent with
the desired character of the surrounding community and the density will adversely impact the adjacent
neighborhoods.
Planning Board - November 7, 2019
ITEM: 2 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning of the subject property included in this application
to a R-5 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 - November 7, 2019
ITEM: 2 - 1 - 2
Z19-11 Staff Report PB 11.7.2019 Page 1 of 11
STAFF REPORT FOR Z19-11
ZONING MAP AMENDMENT APPLICATION
R-5 MODERATE-HIGH RESIDENTIAL ZONING OVERVIEW
The R-5 Moderate-High Residential Zoning District is one of eight new zoning districts
approved by the Board of Commissioners in July.
The intent of the R-5 district is to provide moderate to high density residential development
on smaller lots in conjunction with a compact and walkable development design. The R-5
district permits a range of housing types that can be developed in concert with non-
residential developments, creating a mixed-use development pattern. This district serves as
a transition between mixed-use or commercial development and low to moderate density
residential developments.
The R-5 district allows traditional single-family homes, duplexes, triplexes, quadruplexes,
townhomes, and accessory dwelling units. However, mobile homes and multi-family
developments, such as traditional apartments, are not permitted in this district.
APPLICATION SUMMARY
Case Number: Z19-11
Request:
Zoning Map amendment to rezone approximately 8.55 acres from R-20 to R-5
Applicant: Property Owner(s):
Cindee Wolfe, with Design Solutions TF Holdings LTD Partnership
Location: Acreage:
3000 block of Blue Clay Road Approximately 8.55
PID(s): Comp Plan Place Type:
R03312-003-034-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped
The property would be allowed to be
developed in accordance with the R-5 district’s
standards
Current Zoning: Proposed Zoning:
R-20 Residential District R-5 Moderate-High Residential
Planning Board - November 7, 2019
ITEM: 2 - 2 - 1
Z19-11 Staff Report PB 11.7.2019 Page 2 of 11
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential (Rachel’s Place 92 permits
have been applied for new home starts) (CZD) R-10
East Office-Warehouse, Commercial Services (North Kerr
Industrial Park) I-2
South Office-Warehouse, Commercial Services I-2
West Single-Family Residential R-20
Planning Board - November 7, 2019
ITEM: 2 - 2 - 2
Z19-11 Staff Report PB 11.7.2019 Page 3 of 11
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
COMMUNITY SERVICES
Water/Sewer Water and sewer will be provided by CFPUA.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Wrightsboro
Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High
School
Recreation Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
ZONING CONSIDERATIONS
The applicant is proposing to rezone approximately 8.55 acres from R-20 to R-5. The
subject property is located south of the existing Rachel’s Place subdivision and to the north
of North Kerr Avenue. The subject property is currently undeveloped.
The R-20 and R-5 districts are both residential zoning districts. While the R-5 district (8
du/ac) permits more base density than the R-20 district (1.9 du/ac), it prohibits mobile
homes and typical multi-family development, like apartments, allowing a maximum of 4
units within any residential structure. In addition, the special use permit for high density
developments is not permitted in the R-5 district, and the number of permitted nonresidential
uses is reduced.
Planning Board - November 7, 2019
ITEM: 2 - 2 - 3
Z19-11 Staff Report PB 11.7.2019 Page 4 of 11
R-20 R-5
Min Lot Size
(Conventional)
20,000 sf. detached single
family
35,000 sf Duplex
5,000 sf detached single family
7,500 sf duplex
12,500 sf 3-unit attached single
family
17,500 sf 4-unit attached single
family
Base Density
(Performance) 1.9 du/ac (16 total units) 8 du/ac
(68 total units)
HD Special Use
Permit 4.25 du/ac (36 total units) N/A
Permitted Housing
Types
Single-family, mobile home,
duplex, townhomes, multi-
family
Single-family, duplex, townhome
Nonresidential Uses
≈ 29 uses w/ SUP (Bed and
Breakfast Inn, kennels, and
camping)
≈ 20 uses by-right (Golf
Courses, stables)
≈ 10 uses w/ SUP (recreation
establishments, day care centers)
≈ 10 uses by-right (parks, libraries,
churches)
Because this is a general map amendment and not a conditional rezoning, uses that would
be allowed on the property are those allowed by right or by Special Use Permit in the R-5
district.
If attached housing like townhomes are proposed within the subject site, a 20-foot minimum
buffer would be required in areas adjacent to single-family dwellings. However, if
conventional single-family detached homes are proposed buffering is not required between
abutting single-family neighborhoods. Compliance with zoning and subdivision regulations
will be reviewed by the Technical Review Committee during the subdivision review process.
Proposed Rezoning and Surrounding Properties:
Planning Board - November 7, 2019
ITEM: 2 - 2 - 4
Z19-11 Staff Report PB 11.7.2019 Page 5 of 11
The subject property is located on an arterial road (Blue Clay Road) near a variety of more
intense zoning districts including I-2, Heavy Industrial, PD, Planned Development, and AI,
Airport Industrial. In addition, I-2 zoning is located directly south of the site.
Existing R-10 zoning is located north of the property, which assists in providing a transition
from the more intense zoning districts located east of Blue Clay Road to the low density
residential districts located west of the site. Within this adjacent R-10 area, a high density
senior living facility was approved in 2017 for 68 units at a density of 7.9 units per acre.
TRANSPORTATION
Access is provided to the subject property by Blue Clay Road. In addition, future roadway
connections are available north to Rachel’s Place and west to Long Leaf Drive in
Wrightsboro Acres.
The proposed zoning would allow a maximum of 68 units. Typically, single-family dwellings
generate approximately one trip in the peak hours, while townhomes generate
approximately 0.5 trips in the peak hours.
Traffic impacts are analyzed at the time a development is proposed. Any use that exceeds
100 AM or PM peak hour trips will be required to have an approved Traffic Impact Analysis
(TIA) prior to development. Even if a TIA is not required, improvements may be required
when any proposed use is reviewed by NCDOT during the driveway permitting process.
While a TIA has not been completed for a development proposal on the subject site, the
adjacent Rachel’s Place subdivision completed one in 2015. That TIA found the intersection
of Blue Clay Road at N. Kerr Ave to be operating at a Level of Service (LOS) of B. In
addition, the TIA found that the completion of Rachel’s Place would have a minimal impact
Planning Board - November 7, 2019
ITEM: 2 - 2 - 5
Z19-11 Staff Report PB 11.7.2019 Page 6 of 11
on the intersection resulting in an increase in the vehicle delay of less than one second in the
AM peak and no increase in the delay in the PM peak.
Because a current TIA was not required to analyze intersection impacts, staff has provided
the volume to capacity ratio for Blue Clay Road near the subject site. While volume to
capacity ratio, based on average daily trips, can provide a general idea of the function of
adjacent roadways, the delay vehicles take in seconds to pass through intersections is
generally considered a more effective measure when determining the Level of Service of a
roadway. However, the available volume to capacity data indicates capacity currently
exists in this area to support the expected additional traffic.
Traffic Counts – August 2018
Road Location Volume Capacity V/C
Blue Clay Road 2900 Block (south of
Teddy Road) 5,548 15,600 0.36
Blue Clay Road 3300 Block (north of
Old Mill Road) 5,341 15,600 0.34
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Planning Board - November 7, 2019
ITEM: 2 - 2 - 6
Z19-11 Staff Report PB 11.7.2019 Page 7 of 11
Nearby NC STIP Projects:
STIP Project U-5863
o This project will widen Castle Hayne Road by adding a center turn lane or median
to certain sections of the Road.
o Current production schedule for this project is to begin right-of-way acquisition in
2020 and bidding of the project in 2022. However, the draft STIP, which will be
finalized in September, has moved the dates for right-of-way acquisition to 2021
and bidding of the project to 2024.
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. Trasco (Fedex)
Distribution Center Distribution Center
Approved June 18, 2015
2016 Build Out Year
The TIA required improvements must be completed at certain intersections in the area. The
notable improvements consisted of:
Installation of a westbound right turn lane and signal modifications at North Kerr Avenue
and Castle Hayne Road
Nearby Proposed Developments included within the TIA:
None
Development Status: The commercial project is completed. The required turn lane has been
installed.
Planning Board - November 7, 2019
ITEM: 2 - 2 - 7
Z19-11 Staff Report PB 11.7.2019 Page 8 of 11
Proposed Development Land Use/Intensity TIA Status
2. 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
The TIA required improvements must be completed at certain intersections in the area. The
notable improvements consisted of:
Installing a separate eastbound right turn lane and extending the existing eastbound left
turn lane on Riverside Drive at the intersection of Castle Hayne Road.
Signal modification.
Nearby Proposed Developments included within the TIA:
River Bluffs
Fedex Distribution Center
Development Status: Subdivision infrastructure is under construction. Currently a temporary
signal layout and temporary markings are installed. Final signal layout and markings have
been designed and NCDOT is coordinating a timeline for installation with the developer.
Proposed Development Land Use/Intensity TIA Status
3. Rachel’s Place 154 single-family dwellings October 22, 2015
2018 Build Out Year
The TIA required improvements must be completed at certain intersections in the area. The
notable improvements consisted of:
Constructing a north bound left turn lane on Blue Clay Road at the site access on Blue Clay
Road
Nearby Proposed Developments included within the TIA:
River Bluffs
Fedex Distributions Center
Riverside
Development Status: Construction has started. Currently 92 zoning permits have been issued
for new homes within Rachel’s Place.
Planning Board - November 7, 2019
ITEM: 2 - 2 - 8
Z19-11 Staff Report PB 11.7.2019 Page 9 of 11
Proposed Development Land Use/Intensity TIA Status
4. Wrightsboro
Commons (CBR
Castle Hayne) –
Residential Portion of
Subject Site
Phase 1: 216 multi-family
units
Phase 2: 144 multi-family
units
Approved January 24, 2019
2023 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Updating 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 pending rezoning application. Project
was also modified to reduce multi-family units.
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
The property does not contain any Natural Heritage 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 (moderate limitation) and class III (severe limitations) soils,
however, the site is already served by CFPUA water and sewer services.
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.
Planning Board - November 7, 2019
ITEM: 2 - 2 - 9
Z19-11 Staff Report PB 11.7.2019 Page 10 of 11
STAFF RECOMMENDATION
The proposed R-5 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because
this zoning district is intended to provide existing lower density residential neighborhoods and
higher intensity development adjacent to Blue Clay Road. It would also align with the
Comprehensive Plan’s goal of providing more diversity of housing types.
Therefore, staff recommends approval of this application and suggests the following motion:
I move to APPROVE the proposed rezoning to a R-5 district. The proposed R-5 zoning is
generally CONSISTENT with the 2016 Comprehensive Plan because this zoning district is
intended to provide a transition between higher intensity uses, such as those in the North
Kerr Industrial Park, and the General Residential development pattern of the existing
neighborhoods west of the site.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Analysis
The subject property is located directly adjacent to the Rachel’s Place and
Wrightsboro Acres subdivisions and across the street from North Kerr
Industrial Park. The Comprehensive Plan designated undeveloped
properties along Blue Clay Road such as this one as Community Mixed Use
in order to provide an orderly transition between the employment center
uses in the industrial park and around the airport from existing single family
residential subdivisions.
The proposed R-5 zoning, one of the new zoning tools adopted this summer
to provide for the development patterns outlined in the Comprehensive Plan,
would provide such a transition in density and intensity in this area, and the
permitted density of 8 units an acre are consistent with the moderate
densities recommended for Community Mixed Use places.
Consistency
Recommendation
The proposed R-5 zoning is generally CONSISTENT with the 2016
Comprehensive Plan because this zoning district is intended to provide a
transition between higher intensity uses, such as those in the North Kerr
Industrial Park, and the General Residential development pattern of the
existing neighborhoods west of the site.
Planning Board - November 7, 2019
ITEM: 2 - 2 - 10
Z19-11 Staff Report PB 11.7.2019 Page 11 of 11
Alternative Motion for Denial
I move to DENY the proposed rezoning to a R-5 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposal provides an orderly transition between the existing lower density residential
areas and the higher intensity development adjacent to Blue Clay Road, and provides
for a range of housing types along a major roadway, I find DENIAL of the rezoning
request is reasonable and in the public interest because the proposal is not consistent
with the desired character of the surrounding community and the density will adversely
impact the adjacent neighborhoods.
Planning Board - November 7, 2019
ITEM: 2 - 2 - 11
Planning Board - November 7, 2019
ITEM: 2 - 3 - 1
Planning Board - November 7, 2019
ITEM: 2 - 4 - 1
Planning Board - November 7, 2019
ITEM: 2 - 5 - 1
APPLICANT
MATERIALS
Planning Board - November 7, 2019
ITEM: 2 - 6 - 1
Planning Board - November 7, 2019
ITEM: 2 - 7 - 1
Planning Board - November 7, 2019
ITEM: 2 - 7 - 2
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Thistractisdefinedasaplace-typeofCommunityMixed-UseontheComprehensivePlan.Thatdesignationsuggeststhatan
idealdensityforresidentialdevelopmentcanbeatleasteight(8)unitsperacre,whichtheR-5districtwouldallow.
ThesubjecttracthasarailroadrunningalongtheoppositesideofBlueClayRoad,andindustrialzonedpropertytotheEast&
Southwithavarietyofcommercialuses.RezoningthetracttoR-5forahigherdensityofresidentialdevelopmentwouldbe
consistentwithtransitioningbetweenusesbetweenbusierroadcorridorsorheavier-impactusesandmoreestablished
neighborhoods.
TheComprehensivePlanpromotesfosteringsustainablegrowththroughsensibleinfillwhereadequateservicesarealready
available.Allowingincreaseddensityonthispropertywillimprovetheformandfunctionofanunderutilizedsite,maximize
landuseefficiency,andisagoodeconomicdevelopmentopportunity.
Planning Board - November 7, 2019
ITEM: 2 - 7 - 3
Planning Board - November 7, 2019
ITEM: 2 - 7 - 4
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Planning Board - November 7, 2019
ITEM: 2 - 7 - 6
Legal Description for
Rezoning
Being an 8.55‐acre tract for which a map of survey is recorded among the Land Records of the
New Hanover County Registry in Map Book 39, at Page 243; and being further described as
Beginning at a point in the western boundary of Blue Clay Road (NC S.R. 1318), a sixty‐foot (60’)
public right‐of‐way; and running thence:
South 85053’52” West, 726.45 feet to a point; thence
North 04057’49” West, 271.75 feet to a point; thence
North 03053’53” West, 60.01 feet to a point; thence
North 09004’49” West, 553.40 feet to a point; thence
South 70000’00” East, 228.83 feet to a point; thence
South 18030’00” West, 242.20 feet to a point; thence
South 69015’00” East, 873.66 feet to a point in the western boundary of Blue Clay Road; thence
with that right‐of‐way,
Along a curve to the right, having a Radius of 3970.00 feet and Length of 208.74 feet, a Chord of
South 28056’05” West, 208.72 feet to a point; thence
South 30026’27” West, 28.94 feet to the point and place of beginning, containing 8.55 acres
more or less.
Planning Board - November 7, 2019
ITEM: 2 - 7 - 7
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N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 11/7/2019
Regular
D E PA R T M E N T: Planning P R E S E N T E R(S ): Ken Vafier, Planning Supervisor
C O N TA C T (S ): Ken Vafier; Wayne C lark, Pla nning & L and U se D irector
S U B J EC T:
Rezoning Request (Z 19-13) - Request by M ihaly L and Desig n, P L LC , on behalf of the property owner, C hase &
Dy lan M ihaly, L LC , to rezone approximately 0.34 acres of land loc ated at 7031 M arket S treet from R-15,
ResidenBal District, to (C Z D) B -2, C ondiBonal Highway B usiness Distric t, in order to dev elop an office building.
B R I E F S U M M A RY:
T he applicant is proposing a co ndi#o nal rezoning o f the subject site in order to a c c o mmo date a two-sto ry, 2,000
square foot office building with associa ted parking and landscaping areas. T he building will be used primarily for the
applicant's landscape architecture firm. I n a ddi#o n, the applicant has requested that the land use Personal S ervices be
included as part o f the co ndi#onal rezoning request in order to a cco mmo date a poten#al yo ga/fi tness studio. Personal
S ervices typically includes fitness or other instruc#onal studio s, barber/beauty sho ps, salo ns, and other similar uses.
T he site is approximately 800' no rtheast o f the future interchange o f Market Street and the Military C utoff extensio n.
As such, ro adway impro vements in the immediate vicinity are an#cipated to be completed as part o f the pro ject, which
will include a center median on Market Street, a signalized intersec#o n at Ma rket Street and O gden Park D rive, a
so uthbound le9 turn lane at C ardinal L anes N orth, a nd a mul#-use path o n the eastern side of Market Street.
T he propo sed uses within the building a re an#cipated to generate approximately 10 peak hour trips, which is below the
100 A M or P M peak ho ur threshold required to perf o rm a Traffic I mpact Analysis (T I A) prior to develo pment.
Regardless, an N C D OT D riveway Permit will be required to access Market Street, and a concrete isla nd will be
constructed to ensure right-in, right-out vehicular mo vements at the site.
T he applic ant received a variance from the minimum side yard setback and minimum buff er width requirements o n the
no rtheastern pro perty boundary f ro m the B oard o f Adjustment at their September 24, 2019 mee#ng. T he variance
was issued due to facto rs o n the site including a limited builda ble area to develop the site with a commerc ial use, the
intent to preserve several mature live o ak trees on site, a nd the presence of a 15’ wide u#lity easement which
traverses the southwestern por#on of the parcel.
S T R AT EGI C P L A N A L I G N M E N T:
I ntelligent Growth and Economic D evelopment
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
Staff recommends A P P R OVA L of the request and suggests the f o llo wing mo #o n:
Planning Board - November 7, 2019
ITEM: 3
I move to recommend A P P R OVA L of the propo sed rezoning to a (C Z D ) B -2 district. I find it to be C O N S I S T E N T with
the purpo ses and intent of the C omprehensive P lan bec ause the propo sed uses are consistent with the types of
commercial uses that wo uld be encouraged in the U rban Mixed U se place type. I n addi#on, these uses would serve as
an appro priate transi#o n between exis#ng commerc ial develo pment and adjacent residen#al neighborho o ds. I also
find reco mmending A P P R OVA L of the rezoning request is rea sonable and in the public interest because the site is in
close pro ximity to a majo r power line easement, the right-o f -wa y f o r the Military C utoff E xtension, and exis#ng
commercial, theref o re it is unlikely that a new single f amily residence will be co nstructed on the site.
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - November 7, 2019
ITEM: 3
SCRIPT for Zoning Map Amendment Application (Z19-13)
Request by Mihaly Land Design, PLLC, on behalf of the property owner, Chase & Dylan Mihaly, LLC,
to rezone approximately 0.34 acres of land located at 7031 Market Street from R-15, Residential
District, to (CZD) B-2, Conditional Highway Business District, in order to develop an office building.
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 recommend APPROVAL of the proposed rezoning to a (CZD) B-2 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are
consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place
type. In addition, these uses would serve as an appropriate transition between existing commercial
development and adjacent residential neighborhoods. I also find recommending APPROVAL of the
rezoning request is reasonable and in the public interest because the site is in close proximity to a major
power line easement, the right-of-way for the Military Cutoff Extension, and existing commercial,
therefore it is unlikely that a new single family residence will be constructed on the site.
Alternative Motion for Approval/Denial:
I move to recommend [Approval/Denial] of the proposed rezoning of the subject property included in
this application to a (CZD) B-2 district. I find it to be [Consistent/Inconsistent] with the purposes and
intent of the Comprehensive Plan because [insert reasons]
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
I also find recommending [Approval/Denial] of the rezoning request is/is not reasonable and in the
public interest because [insert reasons]
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Planning Board - November 7, 2019
ITEM: 3 - 1 - 1
Z19-13 Staff Summary 11.7.2019 Page 1 of 9
STAFF REPORT FOR Z19-13
CONDITIONAL ZONING DISTRICT APPLICATION
APPLICATION SUMMARY
Case Number: Z19-13
Request:
Rezone from R-15 to (CZD) B-2 for an office building
Applicant: Property Owner(s):
Mihaly Land Design, PLLC Chase & Dylan Mihaly, LLC
Location: Acreage:
7031 Market Street 0.34 acres
PID(s): Place Type:
R04400-002-015-000 Urban Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Office for Private Business & Professional
Activities, Personal Services
Current Zoning: Proposed Zoning:
R-15 (CZD) B-2
SURROUNDING AREA
LAND USE ZONING
North Single Family Residential R-15
East Commercial (restaurant, future auto wash) B-2
South Commercial (nursery, retail) B-2
West Undeveloped B-2
Planning Board - November 7, 2019
ITEM: 3 - 2 - 1
Z19-13 Staff Summary 11.7.2019 Page 2 of 9
ZONING HISTORY
July 7, 1972 Initially zoned R-15 (Area 8B)
COMMUNITY SERVICES
Water/Sewer Water and Sewer is available through CFPUA
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, Ogden Station
Schools Blair Elementary, Trask Middle, and New Hanover High schools
Recreation Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
v
Planning Board - November 7, 2019
ITEM: 3 - 2 - 2
Z19-13 Staff Summary 11.7.2019 Page 3 of 9
PROPOSED USE AND CONCEPTUAL PLAN
The applicant is proposing to construct a two-story, 2,000 square foot office building with
associated parking and landscaping on the site.
The building is proposed to serve primarily as an office building for the applicant’s
landscape architecture firm. In addition, the applicant has requested that the land use
personal services be included as part of the conditional rezoning request in order to
accommodate a potential yoga/fitness studio. Personal Services typically includes fitness or
other instructional studios, barber/beauty shops, salons, and other similar uses.
The site contains several significant live oak trees measured at 24”, 30”, and 34” on the
northern side of the property, as well as a 32” and a 38” oak tree on the southern corner
of the property. The applicant has designed a site plan that retains all the significant live
oak trees on site.
The applicant received a variance from the minimum side yard setback and minimum buffer
width requirements on the northeastern property boundary from the Board of Adjustment
at their September 24, 2019 meeting. The variance was issued due to factors on the site
including a limited buildable area to develop the site with a commercial use, the intent to
preserve several mature live oak trees on site, and the presence of a 15’ wide utility
easement which traverses the southwestern portion of the parcel.
The proposal shows 1,056 sf of building footprint, with 4,593 sf of a gravel parking lot
and drive area, for a total impervious area of 5,649 sf. As the impervious area is below
10,000 sf, provisions within the county’s Stormwater Ordinance do not apply.
Conceptual rendering and site plan for the proposed development
Duke Energy
Easement
Planning Board - November 7, 2019
ITEM: 3 - 2 - 3
Z19-13 Staff Summary 11.7.2019 Page 4 of 9
TRANSPORTATION
Direct access to Market Street is proposed to the site via a controlled access (right-in, right-
out) driveway with a concrete island to ensure control of these movements.
The proposed development is anticipated to generate approximately 10 AM and 10 PM
peak hour vehicular trips, which is below the 100 AM or PM peak hour threshold required
to perform a Traffic Impact Analysis (TIA). NCDOT has indicated a driveway permit will
be required to access Market Street, and no other improvements are being required for
this development.
Because a TIA is not required to analyze transportation impacts, staff has provided the
volume to capacity ratio for Market Street near the subject site. While volume to capacity
ratio, based on average daily trips, can provide a general idea of the function of adjacent
roadways, the delay vehicles take in seconds to pass through intersections is generally
considered a more effective measure when determining the Level of Service of a roadway.
The volume to capacity ratio indicates that this segment of Market Street is over capacity,
however, the Military Cutoff extension improvements are expected to improve the volume
to capacity ratio at this location.
Roadway improvements in the immediate vicinity anticipated to be completed with the
Military Cutoff extension project include a center median on Market Street, a signalized
intersection at Market Street and Ogden Park Drive, a southbound left turn lane at
Cardinal Lanes North, and a multi-use path on the eastern side of Market Street.
Traffic Count – July 2018
Road Location Volume Capacity V/C
Market Street 7100 block 56,845 43,700 1.3
Planning Board - November 7, 2019
ITEM: 3 - 2 - 4
Z19-13 Staff Summary 11.7.2019 Page 5 of 9
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
STIP Project U-4751 (Military Cutoff extension)
o Project to extend Military Cutoff Drive from Market Street to I-140.
o The project is currently under construction and is expected to be completed in early-
2023.
o The extension of Military Cutoff Drive will run west of the subject site, with the
southbound on-ramp approximately 800’ southwest of the site.
o The project will install a multi-use path along the extension of Military Cutoff and
the eastern side of Market Street at this location. The multi-use path will cross Market
Street at a signalized intersection with Ogden Park Drive, approximately 690’
northeast of the site.
o The project will install a center median on Market Street north to El Ogden Drive,
with a southbound left-over to access Cardinal Lanes North.
Planning Board - November 7, 2019
ITEM: 3 - 2 - 5
Z19-13 Staff Summary 11.7.2019 Page 6 of 9
STIP Project U-4902D (Market Street Median)
o Project to install a center median and pedestrian accessways along Market Street
from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways
will consist of a 10-foot multi-use path on the eastern side of the street, and a 5-
foot sidewalk on the western side of the street.
o The project is currently under construction and is expected to be completed in early-
2023.
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses will expire if the proposed development is not completed by the build out date
established within the TIA.
1. Bayshore
Commercial
Development
20,000 square feet of
Medical/Dental Office
70,000 square feet of
Shopping Center
8,000 square feet of High
Turnover Sit Down
Restaurant
4,000 square feet of Fast
Food Restaurant
TIA approved September 11,
2019
2022 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of an additional westbound left turn lane on Bayshore Drive to Market Street
Extension of existing northbound right turn lane on Market Street from Bayshore Drive to
the site’s access points
Nearby Proposed Developments included within the TIA:
None
Development Status: The property is zoned B-2, which allows for this development by-
right. However, no site plan or permit application have been submitted to County staff for
review at this time.
Proposed Development Land Use/Intensity TIA Status
2. Middle Sound West
288 multi-family units
Small office with 32
employees
Approved August 14, 2019
2021 Build Out Year
The TIA required installation of a westbound right-turn lane at the site’s access on Lendire Road.
Nearby Proposed Developments included within the TIA:
Ogden Starbucks
Development Status: Special Use Permit request under review.
Planning Board - November 7, 2019
ITEM: 3 - 2 - 6
Z19-13 Staff Summary 11.7.2019 Page 7 of 9
Proposed Development Land Use/Intensity TIA Status
3. Ogden Starbucks 2,200 square foot coffee
shop with drive thru
Approved May 10, 2019
2021 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of an additional exclusive eastbound right-turn lane on Lendire Road at
Market Street (improvement installation to be coordinated with the Military Cutoff
Extension project U-4751). Modification of the signal timing at the same intersection to
incorporate the new dual right-turn lanes.
Nearby Proposed Developments included within the TIA:
None
Development Status: Construction is near completion. The installation of right-turn lane will
be completed with the Military Cutoff extension project.
ENVIRONMENTAL
The site does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage
Areas.
The subject property is located within the Howe Creek watershed, which drains to the
Intracoastal Waterway.
Planning Board - November 7, 2019
ITEM: 3 - 2 - 7
Z19-13 Staff Summary 11.7.2019 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. 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 Urban Mixed Use
Place Type
Description
Promotes development of a mix of residential, office, and retail uses at
higher densities. Types of uses encouraged include office, retail, mixed use,
small recreation, commercial, institutional, single-family, and multi-family
residential.
Consistency
Analysis
The subject site is located in an area that the Comprehensive Plan ultimately
envisions as an Urban Mixed Use node that would provide goods and
services for nearby residents. Currently, the site is immediately adjacent to
existing commercial to the west along Market St. and existing single-family
residential to the north and east. Due to its proximity to a major power line
easement, the right-of-way for the Military Cutoff extension, and existing
commercial, it is unlikely that a new single family residence will be
constructed on the site.
The proposed B-2 conditional district’s office and personal services uses are
consistent with the types of commercial uses that would be encouraged in
the Urban Mixed Use place type. In addition, they, according to the
proposed site plan, would serve as an appropriate transition between
existing commercial development and adjacent residential neighborhoods.
Consistency
Recommendation
The proposed conditional B-2 rezoning district is generally CONSISTENT
with the types of commercial uses encouraged in the Urban Mixed Use place
type.
Planning Board - November 7, 2019
ITEM: 3 - 2 - 8
Z19-13 Staff Summary 11.7.2019 Page 9 of 9
STAFF RECOMMENDATION
The proposal is generally consistent with the goals and objectives of the Comprehensive Plan and
the Urban Mixed Use place type as it is located in an area that the Plan ultimately envisions as an
Urban Mixed Use node that would provide goods and services for nearby residents. Therefore,
staff recommends approval of this application and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning to a (CZD) B-2 district. I find it
to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed uses are consistent with the types of commercial uses that would be encouraged
in the Urban Mixed Use place type. In addition, these uses would serve as an appropriate
transition between existing commercial development and adjacent residential
neighborhoods. I also find recommending APPROVAL of the rezoning request is reasonable
and in the public interest because the site is in close proximity to a major power line
easement, the right-of-way for the Military Cutoff Extension, and existing commercial,
therefore it is unlikely that a new single family residence will be constructed on the site.
Planning Board - November 7, 2019
ITEM: 3 - 2 - 9
Planning Board - November 7, 2019
ITEM: 3 - 3 - 1
Planning Board - November 7, 2019
ITEM: 3 - 4 - 1
Planning Board - November 7, 2019
ITEM: 3 - 5 - 1
APPLICANT
MATERIALS
Planning Board - November 7, 2019
ITEM: 3 - 6 - 1
Planning Board - November 7, 2019
ITEM: 3 - 7 - 1
Planning Board - November 7, 2019
ITEM: 3 - 7 - 2
Planning Board - November 7, 2019
ITEM: 3 - 7 - 3
Planning Board - November 7, 2019
ITEM: 3 - 7 - 4
Planning Board - November 7, 2019
ITEM: 3 - 7 - 5
Planning Board - November 7, 2019
ITEM: 3 - 7 - 6
Planning Board - November 7, 2019
ITEM: 3 - 7 - 7
Planning Board - November 7, 2019
ITEM: 3 - 7 - 8
PROPOSED
SITE PLAN
Planning Board - November 7, 2019
ITEM: 3 - 8 - 1
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EXISTING TREES, TO REMAINPlanning Board - November 7, 2019ITEM: 3- 9 - 1
Planning Board - November 7, 2019
ITEM: 3 - 10 - 1
N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 11/7/2019
Regular
D E PA R T M E N T: Planning P R E S E N T E R(S ): Ro n Meredith, C urrent Planner
C O N TA C T (S ): Ro n Meredith, B rad Schuler; Wayne C lark, Planning & L and U se D irector
S U B J EC T:
Rezoning Request (Z 18-09M ) – Request by Design S olu3ons on behalf of the property owner, C H Boun3ful
O pera3ng, L LC , to modify the conceptual site plan and condi3ons of approval of an exis3 ng (C Z D) R-10 district
(zoning case Z 18-09), located on ap p roximately 16.76 acres of land in the 500 block of B oun3ful L ane, t o change
the permiDed housing type from townhomes to single-fam ily hom es.
B R I E F S U M M A RY:
T he exis!ng co ndi!o nal zo ning district (C ase# Z18-09) was a ppro ved in August 2018 as a perf o rmance residen!al
develo pment co nsis!ng of 55 to wnhomes, co ndi!o ned to be o ne sto ry with a maximum building height of 35 feet and
limited to two bedrooms per unit.
T his applica!on propo ses modif y the exis!ng condi!onal zoning district to construct a performance residen!al
develo pment consis!ng of 35 single-f amily detached ho mes with a maximum height of 35 feet. T he homes wo uld be
allo wed to be two-sto ries. A performance residen!al development provides more flexibility in the design o f
subdivisio ns by not requiring a minimum lot size and by allowing f o r single-f amily the housing type. However, these
types of develo pments are subject to a maximum density requirement. Performance residen!al developments within
the propo sed R -10 district a re permi;ed a maximum density o f 3.3 dwelling units per acre, which equates to a
maximum of 55 dwelling units on the subject pro perty. T he a pplicant has pro posed 35 dwelling units with a density o f
2.16 dwelling units per acre.
W ithin a performance residen!al subdivision, the applicant is given the ability to c luster lots and as a result a higher
percentage of the subdivisio n can be preserved as open space. I n this case the applica nt has propo sed that 60% o f the
appro ximate 16.76 acres be preserved as open space. Preserva!o n o f exis!ng trees loca ted on the western po r!o n o f
the parcel in the propo sed o pen space area will area create a buff er between the pro posed ho mes a nd the exis!ng
neighborho o d.
Access is pro vided to the subject pro perty by B oun!f ul L ane which connects to C astle Hayne Road by way o f B oun!ful
L ane and O akley Road. As pa rt of the develo pment review process, the applicant must o bta in a driveway permit f ro m
the N C D OT. Typically, single-f amily dwellings generate appro ximately one trip in the peak ho urs, while townho mes
generate approximately 0.5 trips in the pea k hours. T he applica nt was not required to co nduct a Traffic I mpact
Analysis (T I A) because the proposed development is not expec ted to generate more than 100 trips during peak hours.
Acco rding to the applicant the peak ho ur trips generated from 35 single-family homes are es!mated to be about 26
trips in the AM and 35 trips in the P M. T he exis!ng site pla n with 55 townho mes is es!mated to be abo ut 25 trips in the
A M and about 31 trips in the P M which results in a net inc rea se o f abo ut 1 trip in the A M and abo ut 4 trips in the P M.
B ecause the pro posed mo difica!on to the exis!ng condi!onal zo ning district f o r 35 single-family detached homes do es
no t meet the threshold to require a T I A to analyze the traffic impacts, staff has provided the volume to ca pa c ity ra!o
Planning Board - November 7, 2019
ITEM: 4
for B lue C lay Road near the subject site. W hile vo lume to capacity ra!o , based on average daily trips, can pro vide a
general idea of the func!on of a dja cent roadways, the delay vehicles take in seconds to pass thro ugh intersec !o ns is
generally considered a mo re eff ec!ve mea sure when determining the L evel of S ervice of a roa dway. H o wever, the
available volume to capacity data indicates capacity currently exists in this area to support the expected addi!o nal
traffic.
T he pro posed modifi ca!on to the condi!onal R -10 zo ning distric t is generally C O N S I S T E N T with the 2016
C o mprehensive Plan beca use it provides for infill residen!al development that is co mpa!ble with the exis!ng pa;ern
of the area, while pro tec!ng environmental reso urces by clustering structures and inf rastructure. T his pro posed
modifi ca!on is also in line with the density recommenda !o ns f o r the General Residen!al Place Type.
T heref o re, staff recommends approval of this applica3on a nd suggests the following mo!on:
S T R AT EGI C P L A N A L I G N M E N T:
I ntelligent Growth and Economic D evelopment
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
T he pro posed modifi ca!on to the condi!onal R -10 zo ning distric t is generally C O N S I S T E N T with the 2016
C o mprehensive Plan because it provides f o r infill residen!al develo pment that is compa!ble to the exis!ng pa;ern o f
the area, while protec!ng enviro nmental resources by c lustering structures and inf rastructure. T his pro posed
modifi ca!on is also in line with the density recommenda !o ns f o r the General Residen!al Place Type.
T heref o re, staff recommends approval of this applica3on a nd suggests the following mo!on:
I move to A P P R OV E the pro posed modifica!on to the exis!ng condi!onal R -10 district. I find it to be C O N S I S T E N T
with the purpo ses and intent of the C omprehensive P lan bec ause the propo sed density is in line with the preferred
range o f the General Residen!al place type. I also find A P P R OVA L o f the mo difica!o n to the exis!ng co ndi!o nal R -10
district reaso nable and in the public interest because it provides f o r infill residen!al develo pment that is co mpa!ble
with the exis!ng pa;ern of the area, while protec !ng environmental resources by clustering structures and
inf rastructure.
A lterna3 ve M o3on for Denial
I move to D E N Y the pro posed modifica!on to the exis!ng condi!onal R -10 district. W hile I fi nd it to be
C O N S I S T E N T with the purposes and intent of the C omprehensive Plan because the propo sed density is in line with
the preferred range of the General Residen!al pla c e type. I fi nd DE N I A L o f the mo difica!o n to the exis!ng
condi!onal R -10 district reasonable and in the public interest beca use the pro posal is not pro viding a variety of ho using
types.
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - November 7, 2019
ITEM: 4
SCRIPT for a Modification of a (CZD) R-10 District (Z18-09M)
Request by Design Solutions on behalf of the property owner, CH Bountiful Operating,
LLC, to modify the conceptual site plan and conditions of approval of an existing (CZD)
R-10 district (zoning case Z18-09), located on approximately 16.76 acres of land in the
500 block of Bountiful Lane, to change the permitted housing type from townhomes to
single-family homes.
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 modification to the existing conditional 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 modification to the existing conditional R-10 district is reasonable
and in the public interest because it provides for infill residential development that is
compatible the existing pattern of the area, while protecting environmental resources by
clustering structures and infrastructure.
Alternative Motion for Denial
I move to DENY the proposed modification to the existing conditional R-10 district. While 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
find DENIAL of the modification to the existing conditional R-10 district reasonable and in the
public interest because the proposal is not providing a variety of housing types.
Planning Board - November 7, 2019
ITEM: 4 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed modification to the existing conditional R-10 district
included in this application. 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 modification to the existing conditional R-10 district
reasonable and in the public interest because [insert reasons]
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Planning Board - November 7, 2019
ITEM: 4 - 1 - 2
Z18-09M Staff Summary PB 11.7.2019 Page 1 of 8
STAFF SUMMARY FOR Z18-09M
CONDITIONAL ZONING DISTRICT APPLICATION
APPLICATION SUMMARY
Case Number: Z18-09M
Request:
Modification of a (CZD) R-10 District
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions CH Bountiful Operating, L.L.C.
Location: Acreage:
500 Block of Bountiful Lane 16.76 acres
PID(s): Comp Plan Place Type:
R03300-001-037-000 General Residential
Existing Land Use: Proposed Land Use:
Undeveloped Performance residential subdivision
Current Zoning: Proposed Zoning:
(CZD) R-10 (CZD) R-10
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential (Walnut Hills) R-20, R-15
East Single-Family Residential (Oakley Road Mobile Home
Park) R-20, R-15
South Single-Family Residential R-20
West Single-Family Residential, Undeveloped R-20
Planning Board - November 7, 2019
ITEM: 4 - 2 - 1
Z18-09M Staff Summary PB 11.7.2019 Page 2 of 8
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
August 20, 2018 Conditionally rezoned to (CZD) R-10
COMMUNITY SERVICES
Water/Sewer Water and sewer service is available through CFPUA.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Wrightsboro
Schools Wightsboro Elementary, Holly Shelter Middle, and New Hanover High
Schools
Recreation Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The applicant has obtained a Jurisdictional Determination from the US Army
Corps of Engineers. This determination signifies the existence wetlands
located on the subject property. 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 - November 7, 2019
ITEM: 4 - 2 - 2
Z18-09M Staff Summary PB 11.7.2019 Page 3 of 8
CURRENT CONCEPTUAL SITE PLAN
The conditional zoning district (Case# Z18-09) was approved as a performance residential
development consisting of 55 townhomes, conditioned to have 2 bedrooms, and one story.
Approved Site Plan:
PROPOSED CONCEPTUAL SITE PLAN
This application proposes to modify the existing conditional zoning district (Case# Z18-09)
to construct a performance residential development consisting of 35 single-family detached
homes with 3 bedrooms and two-stories with a maximum height of 35 feet.
A performance residential development provides more flexibility in the design of
subdivisions by not requiring a minimum lot size and by allowing for single-family the housing
type. However, these types of developments are subject to a maximum density requirement.
Performance residential developments within the proposed R-10 district are permitted a
maximum density of 3.3 dwelling units per acre, which equates to a maximum of 55
dwelling units on the subject property. The applicant has proposed 35 dwelling units with
a density of 2.16 dwelling units per acre.
Within a performance residential subdivision, the applicant is given the ability to cluster
lots and as a result a higher percentage of the subdivision can be preserved as open space.
In this case the applicant has proposed that 60% of the approximate 16.76 acres be
preserved as open space. Preservation of existing trees located on the western portion of
the parcel in the proposed open space area will create a buffer between the proposed
homes and the existing neighborhood.
Planning Board - November 7, 2019
ITEM: 4 - 2 - 3
Z18-09M Staff Summary PB 11.7.2019 Page 4 of 8
Proposed Site Plan:
TRANSPORTATION
Access is provided to the subject property by Bountiful Lane (SR 2600) which connects to
Castle Hayne Road (NC 133) by way of and Oakley Road (SR 1329).
As part of the development review process, the applicant must obtain a driveway permit
from the NCDOT.
Typically, single-family dwellings generate approximately one trip in the peak hours, while
townhomes generate approximately 0.5 trips in the peak hours
The applicant was not required to conduct a Traffic Impact Analysis (TIA) because the
proposed development is not expected to generate more than 100 trips during peak hours.
According to the applicant the peak hour trips generated from 35 single-family homes are
estimated to be about 26 trips in the AM and 35 trips in the PM. The existing site plan with
55 townhomes is estimated to be about 25 trips in the AM and about 31 trips in the PM
which results in a net increase of about 1 trip in the AM and about 4 trips in the PM.
Because a TIA was not required to analyze intersection impacts, staff has provided the
volume to capacity ratio for Castle Hayne Road near the subject site. While volume to
capacity ratio, based on average daily trips, can provide a general idea of the function
of adjacent roadways, the delay vehicles take in seconds to pass through an intersection is
generally considered a more effective measure when determining the Level of Service of
a roadway. The volume to capacity ratio indicates capacity currently exists in this area to
accommodate the small change in estimated trips.
Planning Board - November 7, 2019
ITEM: 4 - 2 - 4
Z18-09M Staff Summary PB 11.7.2019 Page 5 of 8
Traffic Counts - 2018
Road Location Volume Capacity V/C
Castle Hayne Road 1,000 feet south of
Rockhill Road 14,256 15,860 0.90
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
STIP Project U-5863
o Project to widen Castle Hayne Road from I-140 to MLK Parkway.
o Current production schedule for this project is to begin right-of-way acquisition in
2020 and bidding of the project in 2022. However, the draft STIP, which will be
finalized in September, has moved the dates for right-of-way acquisition to 2021
and bidding of the project to 2024.
Planning Board - November 7, 2019
ITEM: 4 - 2 - 5
Z18-09M Staff Summary PB 11.7.2019 Page 6 of 8
o This project will widen Castle Hayne Road by adding a center turn lane or median
to certain sections of the Road.
Based on the preliminary 25% plans, left turns to enter and exit Chadwick Ave (the
residential community directly south of the site) would still be permitted. However, a median
would be installed along Horne Place Drive (a residential community located north of
NCDOT will install a traffic signal at the intersection of Oakley Road and Castle Hayne
Road. According to the NCDOT the project is on hold due to budget restrictions.
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses will expire if the proposed development is not completed by the build out date
established within the TIA.
Proposed
Development Land Use/Intensity TIA Status
1. Riverside
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
The TIA required improvements be completed at the intersection of N. Kerr Avenue and Castle
Hayne Road. The notable improvements consisted of:
Installing a separate eastbound right turn lane and extending the existing eastbound
left turn lane on Riverside Drive at the intersection of Castle Hayne Road.
Signal modification
Nearby Proposed Developments included within the TIA:
River Bluffs
Trasco (Fedex) Distribution Center
Development Status: Subdivision infrastructure is under construction. Currently a
temporary signal layout and temporary markings are installed. Final signal layout and
markings have been designed and NCDOT is coordinating a timeline for installation
with the developer.
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
The applicant has found no evidence of regulated wetlands within area of the property to
be developed.
The property is within the Ness Creek (C;Sw) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class II (moderate limitation) and Class III (severe limitation) soils,
however, the project will connect to CFPUA sewer services.
Planning Board - November 7, 2019
ITEM: 4 - 2 - 6
Z18-09M Staff Summary PB 11.7.2019 Page 7 of 8
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.
Specific goals of the comprehensive plan are designated to be promoted in each place type,
and other goals may be relevant for particular properties.
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on lower-density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout.
Analysis
The intent of the General Residential place type is to preserve existing
residential neighborhoods and provide opportunities for similar lower
density residential development and supportive commercial, civic, and
recreational development. The proposed modification of the R-10
conditional zoning district would still allow for the conservation of several
acres of land and provide residential development at a density consistent
with the intent of this place type and similar adjacent residential
neighborhoods.
Consistency
Recommendation
The proposed modification to the conditional R-10 zoning district is
generally CONSISTENT with the 2016 Comprehensive Plan because it
provides residential development similar to the density of adjacent
neighborhoods and is in line with the density recommendations for General
Residential.
Planning Board - November 7, 2019
ITEM: 4 - 2 - 7
Z18-09M Staff Summary PB 11.7.2019 Page 8 of 8
STAFF RECOMMENDATION
The proposed modification to the conditional R-10 zoning district is generally CONSISTENT with
the 2016 Comprehensive Plan because it provides for infill residential development that is
compatible to the existing pattern of the area, while protecting environmental resources by
clustering structures and infrastructure. This proposed modification is also in line with the density
recommendations for the General Residential Place Type.
Therefore, staff recommends approval of this application and suggests the following motion:
I move to APPROVE the proposed modification to the existing conditional 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 modification to the existing
conditional R-10 district reasonable and in the public interest because it provides for
infill residential development that is compatible with the existing pattern of the area,
while protecting environmental resources by clustering structures and infrastructure.
Alternative Motion for Denial
I move to DENY the proposed modification to the existing conditional R-10 district.
While 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 find DENIAL of the modification to the existing conditional R-
10 district reasonable and in the public interest because the proposal is not providing
a variety of housing types.
Planning Board - November 7, 2019
ITEM: 4 - 2 - 8
Planning Board - November 7, 2019
ITEM: 4 - 3 - 1
Planning Board - November 7, 2019
ITEM: 4 - 4 - 1
Planning Board - November 7, 2019
ITEM: 4 - 5 - 1
APPLICANT
MATERIALS
Planning Board - November 7, 2019
ITEM: 4 - 6 - 1
Planning Board - November 7, 2019
ITEM: 4 - 7 - 1
Page 4 of 7
Conditional Zoning District Application – Updated 5/2017
Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: ______________________ Total Acreage of Proposed District: __________
Only uses allowed by right in the corresponding General Use District are eligible for consideration within a Conditional
Zoning District. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose
of the district, and a project narrative (please provide additional pages if needed).
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
Proposed Condition(s)
Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the
development and use of the property than the corresponding General Use District regulations may be added. These
conditions may assist in mitigating the impacts the proposed development may have on the surrounding community.
Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board,
and Board of Commissioners may propose additional conditions during the review process.
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
(CZD)R-10 /Modification 16.76 AC.
ThepurposeoftheR-10districtistoencouragemediumdensitydevelopmentwhereadequateservicesare
alreadyavailable.Theproposalistosubstitutesingle-familylotsforthepreviouslyapprovedattachedtownhome-
stylehousing.Thedivisionisstillproposedbyperformancedevelopmentstandards,butreducesthetotalunitsfrom
55to35.Theyremainclusteredinthesamelimitsofdisturbancetherebypreservingmorelandareaforopen
space.
Referencethesiteplanforprojectlayout.Theproposedlayoutclustersthelotstominimizethelimitsofdisturbance
andclearingofexistingvegetation-therebyaddingnaturalbuffering.Aprivatestreetright-of-waywiththe
requiredimprovedx-sectionwillbededicatedforvehicularaccess.Asidewalkwillbeconstructedalongoneside
ofthestreetforsafepedestriancirculation.
Planning Board - November 7, 2019
ITEM: 4 - 7 - 2
Page 5 of 7
Conditional Zoning District Application – Updated 5/2017
Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of
the Institute of Transportation Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed
for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this
application.
ITE Land Use: _________________________________________________________________________________
Trip Generation Use and Variable (gross floor area, dwelling units, etc.): __________________________________
AM Peak Hour Trips: ___________________________ PM Peak Hour Trips: ______________________________
CONSIDERATION OF A CONDITIONAL ZONING DISTRICT
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective and where only a specific
use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of very
dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can
create a more orderly transition benefiting all affected parties and the community-at-large. The applicant must
explain, with reference to attached plans (where applicable), how the proposed Conditional Use Zoning District
meets the following criteria.
1. How would the requested change be consistent with the County’s policies for growth and development? (For
example: the Comprehensive Plan and applicable small area plans)
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
2. How would the requested Conditional Zoning District be consistent with the property’s classification on the
Future Land Use Map located within the Comprehensive Plan?
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is
the land involved unsuitable for the uses permitted under the existing zoning?
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
210-SINGLE-FAMILYHOMES
PERDWELLINGUNIT @ 35LOTS
2635
Thepoliciesforgrowthanddevelopmentencouragesafeandaffordablehousingtobeavailabletoevery
citizen.SustainabilityoftheCountydependsonsensiblein-fillandmaximizinguseoflandsalready
accessibletourbanservices.Increaseddensityofdevelopmentnotonlyaddstothetaxbase,butmakes
betteruseoftheexistinginfrastructure.
Thispropertyisalreadyzonedformoderatedensityandthemodificationproposalonlymodifiesthe
housingproducttypefromanattached/townhome-styletosingle-familydetachedhomes.Thearea
alreadyhaspublicservicesavailabletoit.Clusteringbyperformancestandardsallowsforconservationof
moreenvironmentallysensitiveland.
TheconstructionoftheI-140by-passwithaninterchangeatCastleHayneRoadhasmadethisareaofthe
Countymoreattractiveforhousingopportunitiesbecauseoftheincreasedeaseofcommutingfromhometo
jobsandservices.TheareaofthesubjectsitehasamixtureofR-20,R-15andR-10districts.Adding
modestincreaseofdensityfornewdevelopmentisnotuncommon.
Planning Board - November 7, 2019
ITEM: 4 - 7 - 3
Planning Board - November 7, 2019
ITEM: 4 - 7 - 4
Planning Board - November 7, 2019
ITEM: 4 - 7 - 5
P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz
Transmittal
October 21, 2019
To: Bountiful Lane Area Neighbors
From: Cindee Wolf
Re: Bountiful Village Homes
As you may recall, the New Hanover County Board of Commissioners approved a 54-
unit residential townhome community, on the 16+ acres tract of land at 561 Bountiful
Lane, in August, 2018. The owners have actively been completing the detailed
engineering design and construction permitting to install the road, water / sewer utilities
and stormwater management facilities.
Based on trending housing preferences, the developer has decided to change the plan
to provide thirty-five (35) single-family building lots instead of the fifty-four (54)
townhomes. The project density is reduced to 2.1 units per acre. The clearing limits and
overall street layout will remain the same. The homes will be 1- and 2-story houses on
individual parcels instead of “attached” housing.
Since the Conditional Zoning District approval was layout-specific, the modified plan
needs to be amended formally by the Commission.
Copies of both the existing plan and the modified plan are attached. You are welcome
to contact me at Telephone: 910-620-2374, or Email: cwolf@lobodemar.biz with
comments and/or questions. I would also be happy to meet with you individually for
further explanation of the proposal, project improvements, benefits and impacts.
We appreciate your interest in the project and look forward to being a good neighbor
and an asset to the community.
Planning Board - November 7, 2019
ITEM: 4 - 7 - 6
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Planning Board - November 7, 2019
ITEM: 4 - 7 - 8
PROPOSED
SITE PLAN
Planning Board - November 7, 2019
ITEM: 4 - 8 - 1
Planning Board - November 7, 2019ITEM: 4- 9 - 1
N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 11/7/2019
Regular
D E PA R T M E N T: Planning P R E S E N T E R(S ): Gideo n Smith, C urrent Planner
C O N TA C T (S ): Gideon Smith, B rad Schuler, S enio r Planner, Wayne C lark, Planning and L and U se Directo r
S U B J EC T:
S pec ial U se Permit Request (S 19-03) – Request b y N ew B eginning C hris7an C hurch for a S pecial U se Permit to
operate a child care center at 3120 A lex Trask Drive, within the R -20, Residen7al District.
B R I E F S U M M A RY:
T he applic ant is seeking to obtain a special use permit to opera te B righter B eginnings Early L earning C enter, a child
care c enter, at the N ew B eginning C hris$an C hurch, with two compo nents; 1) a child care center serving c hildren f ro m
ages 2-12 and 2) an a,er scho ol program serving elementary to middle school-aged children. T he proposed use is
considered a “child care c enter ”, in the Zoning O rdinance. C hild care centers are places where there are three or more
preschool-age children or nine or more school-age c hildren receiving child care.
Acco rding to the applicant, the Early L earning C enter will serve children from ages 2 through 12, Monday thro ugh
Friday from 7:00 am to 6:00 pm, to be9er prepa re the children f o r school readiness. T he applicant has indicated that
this pro gram will have a maximum capacity of 52 children. I n addi$o n, the f ellowship hall will be designa ted f o r the
a,er school pro gram, with a maximum capacity o f 50 students. I n total, the pro posed facility will have a total capacity
for 102 c hildren and have 10 full-$me sta ff members. All of the fac ili$es will be within the exis$ng church building. N o
new buildings are pro posed with this special use permit.
Aro und 2:00 P M, the two Early L earning C enter transpo rta$on vans will depart f ro m the subject site to travel to C astle
Hayne E lementary, Wrightsboro E lementary, and Murrayville E lementary scho o ls to pick up children par$cipa$ng in the
a,er school program. T hese vans will use the exis$ng unimproved ro adway that co nnects to B lue C lay Ro ad rather
than exi$ng the site via Holland D rive or O ld Mill Ro ad.
All children will be picked up by their guardians between 4:00 pm and 6:00 pm. Pick up $me is staggered throughout the
a,ernoon and early evening with the program clo sing at 6:00 pm.
B ased upon the C hurch’s weekday sc hedule, there will be no o verlap o r conflict between the Early L earning C enter ’s
opera$o ns and the C hurch’s. T he C hurch hosts an Adult B ible Study that meets on Tuesdays from 7:00 pm to 9:00 pm
and cho ir prac$ce takes place on T hursda ys from 7:00 pm to 9:00 pm. All other C hurch related opera$ons take place
on the weekends, o utside o f the proposed hours of opera $o n for the Early L earning C enter.
I n addi$on, Gospel Fellowship Holiness is directly across from N ew B eginning o n Alex Trask Drive. T he two churches
have peak traffic on weekends, helping reduce tra ffic on weekdays.
N ew B eginning ini$ally o btained site pla n appro val in 2010 to operate as a church, a permi9ed use by-right in the R -20
district. T he church subsequently mo dified the site plan, and o bta ined a ppro val in 2013 to co nstruct addi$o nal
grass/gravel pa rking spaces and a sto rmwater f acility. T he exis$ng parking f acility is suffi cient to serve both the church
and the child care o pera$on, as the Early L ea rning C enter will o perate when normal church services are no t
conducted.
Planning Board - November 7, 2019
ITEM: 5
T he proposed child care center is es$mated to generate abo ut 70 trips in bo th the A M and P M weekday peak hours.
T he center ’s peak $mes are outside o f the no rmal peak hours for church ac$vi$es. B ecause the propo sed child care
center do es not meet the threshold to require a Traffi c I mpact Ana lysis to a na lyze the tra ffic impacts, staff has
pro vided the volume to capacity ra$o for B lue C lay Ro ad near the subject site. W hile volume to capacity ra$o, based
on a vera ge daily trips, ca n pro vide a general idea of the func$on o f adjacent roa dways, the delay vehicles take in
seconds to pass through intersec$ons is generally c o nsidered a more effec$ve measure when determining the L evel o f
Service o f a ro adway. H o wever, the available volume to capacity data indicates ca pa c ity currently exists in this area to
support the expected addi$onal traffic.
T he propo sed child care center use is generally C O N S I S T E N T with the 2016 C omprehensive Plan because it provides
child ca re services that can support nearby residen$al neighborho o ds, in line with the recommended mix of uses f o r
bo th C o mmunity Mixed U se and General Residen$al place types.
S T R AT EGI C P L A N A L I G N M E N T:
Superior Public Health, Safety and Educa$on
Support pro grams to improve educa$onal performa nce| U nderstand and act o n ci$zen needs
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
E xample M o7on for A pproval:
Mo$on to recommend approval, as the B oard finds that this a pplica$on f o r a Special U se Permit meets the four
required co nclusions based o n the findings of fact inc luded in the S taff Repo rt.
[O P T I O N AL ] N ote any addi$onal findings of fact related to the four required conclusio ns.
[O P T I O N AL ] N ote any co ndi$ons be added to the development:
[L ist Condi ons]
E xample M o7on for Denial:
Mo$on to recommend denial, as the B oard cannot find that this pro posal:
1. W ill not materially endanger the public health o r sa f ety;
2. Meets all required condi$ons and specifica $o ns o f the Zo ning O rdinance;
3. W ill not substan$ally injure the value of a djoining or a buMng property;
4. W ill be in harmony with the area in which it is to be loca ted and in general co nformity with the
C o mprehensive L and U se Plan for N ew Hano ver C o unty.
[S tate the fi nding(s) that the applica on does not me et and include re asons why it is not being met]
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - November 7, 2019
ITEM: 5
SCRIPT for SPECIAL USE PERMIT Application (S19-03)
Request by Request by New Beginning Christian Church for a Special Use Permit to operate a child
care center at 3120 Alex Trask Drive, within the R-20, Residential District.
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.
7. Vote on the Special Use Permit application.
Motion to approve the permit - All findings are positive.
Motion to approve the permit, subject to conditions specified below:
(State Conditions)
___________________________________________________________________________
___________________________________________________________________________
Motion to deny 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 - November 7, 2019
ITEM: 5 - 1 - 1
d. 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 Comprehensive Land Use Plan for New Hanover County:
________________________________________________________________________
________________________________________________________________________
Example Motion for Approval:
Motion to approve, 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 deny, 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 area in which it is to be located and in general conformity with the
Comprehensive Land Use Plan 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 - November 7, 2019
ITEM: 5 - 1 - 2
S19-03 Staff Report PB 11.7.2019 Page 1 of 9
STAFF REPORT FOR S19-03
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: S19-03
Request:
SUP to allow for the operation of a child care center as part of the New Beginning Christian
Church facility, within the R-20, Residential District
Applicant: Property Owner(s):
Robert L. Campbell New Beginnings Christian Church
Location: Acreage:
3120 Alex Trask Drive 4.7 acres
PID(s): Comp Plan Place Type:
R03308-002-009-000;
Portion of R03300-003-002-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Church Church with child care center
Current Zoning:
R-20
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential (Ivy Woods) R-10
East Undeveloped, Single-Family Residential (Ivy Woods), N.
Kerr Industrial Park, Undeveloped R-10, I-2, PD
South Undeveloped, Single-Family Residential (Rachel’s Place) (CUD) R-10, (CZD) R-10
West Church (Gospel Fellowship Holiness), Single-Family
Residential (Wrightsboro Acres), Nursery (Tinga) R-20
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S19-03 Staff Report PB 11.7.2019 Page 2 of 9
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
COMMUNITY SERVICES
Water/Sewer Water and sewer is currently provided by CFPUA.
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 Schools
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
ZONING CONSIDERATIONS
The applicant is seeking to obtain a special use permit to operate Brighter Beginnings Early
Learning Center, a child care center, at the New Beginning Christian Church, with two
components; 1) a child care center serving children from ages 2-12 and 2) an after school
program serving elementary to middle school-aged children.
The proposed use is considered a “child care center”, in the Zoning Ordinance. Child care
centers are places where there are three or more preschool-age children or nine or more
school-age children receiving child care.
According to the applicant, the Early Learning Center will serve children from ages 2 through
12, Monday through Friday from 7:00 am to 6:00 pm, to better prepare the children for
school readiness. The applicant has indicated that this program will have a maximum
Planning Board - November 7, 2019
ITEM: 5 - 2 - 2
S19-03 Staff Report PB 11.7.2019 Page 3 of 9
capacity of 52 children. In addition, the fellowship hall will be designated for the afterschool
program, with a maximum capacity of 50 students. In total, the proposed facility will have
a total capacity for 102 children and have 10 full-time staff members. All of the facilities
will be within the existing church building. No new buildings are proposed with this special
use permit.
The Early Learning Center will also offer after school programs for elementary and middle
school aged students. Around 2:00 PM, the two Early Learning Center transportation vans
will depart from the subject site to travel to Castle Hayne Elementary, Wrightsboro
Elementary, and Murrayville Elementary schools to pick up children participating in the
afterschool program. These vans will use the existing unimproved roadway that connects to
Blue Clay Road rather than exiting the site via Holland Drive or Old Mill Road.
All children will be picked up by their guardians between 4:00 pm and 6:00 pm. Pick up
time is staggered throughout the afternoon and early evening with the program closing at
6:00 pm.
Below: Existing parking facility with direct access to Blue Clay Road
Based upon the Church’s weekday schedule, there will be no overlap or conflict between
the Early Learning Center’s operations and the Church’s. The Church hosts an Adult Bible
Study that meets on Tuesdays from 7:00 pm to 9:00 pm and choir practice takes place on
Thursdays from 7:00 pm to 9:00 pm. All other Church related operations take place on the
weekends, outside of the proposed hours of operation for the Early Learning Center.
In addition, Gospel Fellowship Holiness is directly across from New Beginning on Alex Trask
Drive. The two churches have peak traffic on weekends, helping reduce traffic on weekdays.
New Beginning initially obtained site plan approval in 2010 to operate as a church, a
permitted use by-right in the R-20 district. The church subsequently modified the site plan,
and obtained approval in 2013 to construct additional grass/gravel parking spaces and a
stormwater facility. The existing parking facility is sufficient to serve both the church and the
Planning Board - November 7, 2019
ITEM: 5 - 2 - 3
S19-03 Staff Report PB 11.7.2019 Page 4 of 9
child care operation, as the Early Learning Center will operate when normal church services
are not conducted.
TRANSPORTATION
The subject site is currently accessed by two existing driveways located along the eastern
side of Alex Trask Drive. According to the applicant, staff will transport students from the
surrounding schools to their after school program, and will utilize an unimproved roadway
off of Blue Clay Road to drop the children off at the Early Learning Center.
The below trip generation reflects the total square footage within the existing church that
will be utilized for the child care center.
The proposed child care center is estimated to generate about 70 trips in both the AM
and PM peak weekday hours. The center’s peak times are outside of the normal peak
hours for church activities.
Because the proposed child care center does not meet the threshold to require a TIA to
analyze the traffic impacts, staff has provided the volume to capacity ratio for Blue Clay
Road near the subject site. While volume to capacity ratio, based on average daily trips,
can provide a general idea of the function of adjacent roadways, the delay vehicles take
in seconds to pass through intersections is generally considered a more effective measure
when determining the Level of Service of a roadway. However, the available volume to
capacity data indicates capacity currently exists in this area to support the expected
additional traffic.
Traffic Counts – August 2018
Road Location Volume Capacity V/C LOS
Blue Clay Road Between Kerr Avenue
and Old Mill Road 5,548 15,600 0.36 A
The WMPO recently completed traffic counts on Old Mill Road and Holland Drive in
October 2019. The counts indicate that both roads have current weekday traffic volumes
at about 10% of their capacity.
LAND USE INTENSITY AM PEAK PM PEAK
Day Care Center (ITE 565) 6,000 square feet 70 71
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ITEM: 5 - 2 - 4
S19-03 Staff Report PB 11.7.2019 Page 5 of 9
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
STIP Project U-5863
o Project to widen Castle Hayne Road from I-140 to MLK Parkway.
o Current production schedule for this project is to begin right-of-way acquisition in
2020 and bidding of the project in 2022. However, the draft STIP, which will be
finalized in September, has moved the dates for right-of-way acquisition to 2021
and bidding of the project to 2024.
o This project will widen Castle Hayne Road by adding a center turn lane or median
to certain sections of the Road.
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ITEM: 5 - 2 - 5
S19-03 Staff Report PB 11.7.2019 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. Trasco Distribution
Center (FedEx) Distribution Center Approved June 18, 2015
2016 Build Out Year
The TIA required improvements must be completed at certain intersections in the area. The
notable improvements consisted of:
Installation of a westbound right turn lane and signal modifications at North Kerr Avenue
and Castle Hayne Road.
Nearby Proposed Developments included within the TIA:
None
Development Status: The commercial development is completed and the required roadway
improvements have been installed.
Proposed Development Land Use/Intensity TIA Status
2. Rachel’s Place 154 single-family dwellings Approved October 22, 2015
2018 Build Out Year
The TIA required improvements must be completed at certain intersections in the area. The
notable improvements consisted of:
Constructing a north bound left turn lane on Blue Clay Road at the site access on Blue Clay
Road
Nearby Proposed Developments included within the TIA:
River Bluffs
Trasco Distribution Center
Riverside
Development Status: Construction is underway. Currently 92 zoning permits have been
issued for new homes within Rachel’s Place.
ENVIRONMENTAL
The property is not within a Natural Heritage Area or Special Flood Hazard Area.
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 (moderate limitation) and class III (severe limitations) soils,
however, the site is already served by CFPUA water and sewer services.
Planning Board - November 7, 2019
ITEM: 5 - 2 - 6
S19-03 Staff Report PB 11.7.2019 Page 7 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. 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
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Analysis
The proposed child care center use would be located in an existing religious
assembly facility adjacent to an existing church (Gospel Fellowship Holiness)
and existing residential neighborhoods. The Comprehensive Plan
designated the subject property and adjacent undeveloped land along Blue
Clay Road as Community Mixed Use in order to provide an orderly
transition between existing single family residential homes and the industrial
park at the corner of Blue Clay Rd. and N. Kerr Ave. and other industrial
uses near the airport.
A daycare use is in line with both the institutional services intended for
Community Mixed Use areas and the types of supportive commercial, civic,
and recreational development allowed for in the adjacent General
Residential areas. Locating services in these areas is intended to provide
convenient support services for nearby residents.
Consistency
Recommendation
The proposed child care center use is generally CONSISTENT with the 2016
Comprehensive Plan because it provides child care services that can support
nearby residential neighborhoods, in line with the recommended mix of uses
for both Community Mixed Use and General Residential place types.
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ITEM: 5 - 2 - 7
S19-03 Staff Report PB 11.7.2019 Page 8 of 9
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.
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. Water and sewer services will be provided by CFPUA and will be provided and designed
in accordance with CFPUA’s standards.
B. The subject property is located in the New Hanover County North Fire Service District.
C. The site is accessed from Holland Drive (SR 1358) and Old Mill Road (SR 2148), which
provide direct connections to Blue Clay Road (SR 1318) and Castle Hayne Road (NC HWY
133).
D. The proposed child care center is estimated to generate about 70 trips in both the AM
and PM peak hours. The 2018 volume to capacity data, provided by the WMPO,
indicates capacity currently exists in this area to support the expected additional traffic.
E. The child care center must be licensed with the North Carolina Department of Health and
Human Services and comply with additional regulations imposed by the agency.
Conclusion 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. The site is zoned R-20, Residential District.
B. Child care centers are allowed by Special Use Permit in the R-20 zoning district.
C. The existing site complies with all applicable technical standards of the Zoning Ordinance
including buffering and parking requirements to accommodate the proposed child care
center. No additional site improvements are required.
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 proposed child care center use would be located in an existing religious assembly
facility adjacent to an existing church (Gospel Fellowship Holiness). The surrounding area
contains a mixture of land uses including single-family residential, multi-family residential,
and commercial land uses.
B. No new construction is proposed to accommodate the proposed child care center operation.
C. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
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 Comprehensive Land Use Plan for New
Hanover County.
Planning Board - November 7, 2019
ITEM: 5 - 2 - 8
S19-03 Staff Report PB 11.7.2019 Page 9 of 9
A. The 2016 Comprehensive Plan classifies the subject site as Community Mixed Use. This place
type’s intent is to provide an orderly transition between existing single family residential
homes and the industrial park at the corner of Blue Clay Rd. and N. Kerr Ave. and other
industrial uses near the airport.
B. The proposed child care center use is generally consistent with the 2016 Comprehensive
Plan because it provides child care services that can support nearby residential
neighborhoods, in line with the recommended mix of uses for both Community Mixed Use
and General Residential place 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 Report.
[OPTIONAL] Note any additional findings of fact related to the four required conclusions.
[OPTIONAL] Note any 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 area in which it is to be located and in general conformity with
the Comprehensive Land Use Plan for New Hanover County.
[State the finding(s) that the application does not meet and include reasons why it is not being met]
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APPLICANT
MATERIALS
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PROPOSED
SITE PLAN
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N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 11/7/2019
Regular
D E PA R T M E N T: Planning P R E S E N T E R(S ): Gideo n Smith, C urrent Planner
C O N TA C T (S ): Gideon Smith, B rad Schuler, S enio r Planner, Wayne C lark, Planning and L and U se Directo r
S U B J EC T:
S pec ial U se Permit Request (Z 17-09) – Request b y C oastal L and Desig n, on behalf of the property owner,
P reserv a<on Point Partnership, L LC , for a S pec ial U se Perm it for a com munity boa<ng fac ility located on 134.9
ac res of land located within the P reserva<on Point development and near the 100 block of Brentwood Driv e. T h e
previo u sly issued Special U se Permit expired in A u g u st 2019.
B R I E F S U M M A RY:
I n 2017, a preliminary plan for a performa nce residen%al develo pment co nsis%ng of 98 lo ts (Preserva%on Point –
formerly R iver B reeze) wa s approved f o r mul%ple parcels directly to the east of the subject site. L ater that same year,
the subject site was rezo ned to a C ondi%onal U se R -15 distric t a nd a S pecial U se Permit was issued for a co mmunity
bo a%ng f acility located in the N ortheast C ape Fear R iver consis%ng of 98 bo at slips (Z17-09).
Since this approval, the applicant has co nducted a hydrographic survey of the N E C ape Fear R iver at the request of the
N o rth C arolina D ivision of C oastal Management (N C D C M) and N ew H ano ver C ounty Fire Services, reestablished and
verifi ed the loca%o n of the mea n high and low water lines and the coastal wetlands, a nd has co mpleted the required
sco ping mee%ng with the N C D C M to be eligible to apply fo r a C AM A Major Permit, which is required to co nstruct the
facility. D ue to these requirements and the permi<ng pro cess, the applicant was unable to o btain the necessary
permits to begin co nstruc%on within two years o f a ppro val, and therefore, the Special U se Permit f o r the co mmunity
bo a%ng f acility expired in August 2019.
T he pro posed development consists of an appro ximately 10-f o o t-wide, 800-foot-lo ng bo at do ck co ntaining 98 boat
slips. T he do ck is connected to a 7.45-acre island o f uplands (San So uci I sland). Access to the island will be provided by
a 10-f o o t-wide boardwalk which spans approximately 1,400 f eet east to the f uture Preserva%on Point subdivision. T he
bo ardwalk will allo w pedestrian and golf cart acc ess to the island a nd the propo sed community bo a%ng f acility.
T he co mmunity bo a%ng facility is a private, no n-pro fi t facility with no co mmercial ac%vi%es being permi@ed. Each boat
slip will be reserved for the home owners within the pro posed subdivision.
T he island will contain an open-air pavilion co ntaining restro o m facili%es, bike/walking trails, group picnic areas,
natural viewing areas, pickleball courts, a 6-hole miniature golf course, and kayak/cano e launches.
T he proposed community bo a%ng facility and boa rdwalk must obtain applicable permits from the N C D ivision o f
C o astal Management and the U S Army C orps of E ngineers.
Access is provided to the subject pro perty via the Preserva%on Po int subdivision that co nnects to both C astle Hayne
Road (N .C . H W Y 133) and B rentwo o d Drive (S R 1313). As the community bo a%ng facility is a private facility with no
commercial ac%vi%es being permi@ed, it is not expec ted to generate any addi%onal trips outside of those generated by
the pro posed subdivision.
A Traffi c I mpact Analysis for the Preserva %o n Po int subdivision was approved by N C D OT and the W M P O in August
Planning Board - November 7, 2019
ITEM: 6
2019. Per the approved T I A, Phase 1 will consist o f 123 single-family detached residen%al dwellings (including the
exis%ng 98 lo ts approved in 2017) and 27 mul%-family a@ached residen%al dwellings. T he full build of the site (2023)
will co nsist of the above men%oned residen%al dwellings, a 5,000 square foot day care center, a 3,000 square f o o t high-
turnover sit-do wn restaurant, a 2,000 square foot co ffee/donut sho p with drive-thru uses, and a small offi ce building
for 20 employees.
T he proposed community boa%ng facility is classifi ed as C o nserva %o n in the 2016 C o mprehensive Plan and is generally
C O N S I S T E N T with the goals o f the 2016 C omprehensive Plan bec ause it pro vides lo w-impact recrea%on in an
environmentally sensi%ve area.
S T R AT EGI C P L A N A L I G N M E N T:
I ntelligent Growth and Economic D evelopment
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
E xample M o<on for A pproval:
Mo%on to recommend a ppro val, as the B o ard fi nds that this applica %o n for a Special U se Permit meets the four
required co nclusions based o n the findings of fact inc luded in the S taff Repo rt.
[O P T I O N AL ] N ote any addi%onal findings of fact related to the four required conclusio ns.
[O P T I O N AL ] N ote any co ndi%ons be added to the development:
[L ist Condi ons]
E xample M o<on for Denial:
Mo%on to recommend denial, as the B oard cannot find that this pro posal:
1. W ill not materially endanger the public health o r sa f ety;
2. Meets all required condi%ons and specifica %o ns o f the Zo ning O rdinance;
3. W ill not substan%ally injure the value of a djoining or a bu<ng property;
4 . W ill be in harmo ny with the area in which it is to be lo cated and in general conformity with the
C o mprehensive L and U se Plan for N ew Hano ver C o unty.
[S tate the fi nding(s) that the applica on does not me et and include re asons why it is not being met]
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - November 7, 2019
ITEM: 6
SCRIPT for SPECIAL USE PERMIT Application (Z17-09)
Request by Coastal Land Design, on behalf of the property owner, Preservation Point Partnership, LLC,
for a Special Use Permit for a community boating facility located on 134.9 acres of land located within
the Preservation Point development and near the 100 block of Brentwood Drive. The previously issued
Special Use Permit expired in August 2019.
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.
7. Vote on the Special Use Permit application.
Motion to approve the permit - All findings are positive.
Motion to approve the permit, subject to conditions specified below:
(State Conditions)
___________________________________________________________________________
___________________________________________________________________________
Motion to deny 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 - November 7, 2019
ITEM: 6 - 1 - 1
d. 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 Comprehensive Land Use Plan for New Hanover County:
________________________________________________________________________
________________________________________________________________________
Example Motion for Approval:
Motion to approve, 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 deny, 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 area in which it is to be located and in general conformity with the
Comprehensive Land Use Plan 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 - November 7, 2019
ITEM: 6 - 1 - 2
Z17-09 Staff Report PB 11.7.2019 Page 1 of 10
STAFF SUMMARY OF Z17-09
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: Z17-09
Request:
SUP to develop a community boating facility consisting of 98 boat slips
Applicant: Property Owner(s):
Frank Braxton of Coastal Land Design Preservation Point Partnership, LLC
Location: Acreage:
100 block of Brentwood Drive 134.9
PID(s): Comp Plan Place Type:
R04100-001-002-000 Conservation
Existing Land Use: Proposed Land Use:
Undeveloped Community Boating Facility
Current Zoning: Proposed Zoning:
(CUD) R-15 (CUD) R-15
SURROUNDING AREA
LAND USE ZONING
North Undeveloped I-2
East Undeveloped, Future Preservation Point subdivision R-15
South Undeveloped, Industrial Uses I-2, IND (City of
Wilmington)
West NE Cape Fear River/Manufacturing I-2
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ITEM: 6 - 2 - 1
Z17-09 Staff Report PB 11.7.2019 Page 2 of 10
ZONING HISTORY
July 1, 1972 Initially zoned I-2 (Area 9A)
August 21, 2017 (CUD) R-15 to develop a community boating facility consisting of 98 boat
slips (Z17-09). The SUP expired on August 21, 2019.
COMMUNITY SERVICES
Water/Sewer
Private water and septic will be utilized for this development. The
applicant is currently in communication with the New Hanover County
Environmental Health department on the specific design of the private well
and septic system.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Wrightsboro Station
Schools Wrightboro Elementary, Eaton Elementary, Holly Shelter Middle, and New
Hanover High Schools
Recreation Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The vast majority of the subject property contains brackish marsh, which is
subject to the standards of the Conservation Overlay District. The applicant
must obtain all necessary permits from the Division of Coastal Management
and the US Army Corps of Engineers.
Historic The marsh areas of the property were once used for rice production.
Archaeological No known archaeological resources
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ITEM: 6 - 2 - 2
Z17-09 Staff Report PB 11.7.2019 Page 3 of 10
HISTORY AND PURPOSE OF SUP RENEWAL
· In 2017, a preliminary plan for a performance residential development consisting of 98 lots
(Preservation Point – formerly River Breeze) was approved for multiple parcels directly to
the east of the subject site. Later that same year, the subject site was rezoned to a
Conditional Use R-15 district and a Special Use Permit was issued for a community boating
facility located in the Northeast Cape Fear River consisting of 98 boat slips (Z17-09).
· Since this approval, the applicant has conducted a hydrographic survey of the NE Cape
Fear River at the request of the North Carolina Division of Coastal Management (NCDCM)
and New Hanover County Fire Services, reestablished and verified the location of the mean
high and low water lines and the coastal wetlands, and has completed the required scoping
meeting with the NCDCM to be eligible to apply for a CAMA Major Permit, which is required
to construct the facility. Due to these requirements and the permitting process, the applicant
was unable to obtain the necessary permits to begin construction within two years of
approval, and therefore, the Special Use Permit for the community boating facility expired
in August 2019.
ZONING CONSIDERATION AND PROPOSED SITE PLAN
· The proposed development consists of an approximately 10-foot-wide, 800-foot-long boat
dock containing 98 boat slips. The dock is connected to a 7.45-acre island of uplands (San
Souci Island). Access to the island will be provided by a 10-foot-wide boardwalk which
spans approximately 1,400 feet east to the future Preservation Point subdivision. The
boardwalk will allow pedestrian and golf cart access to the island and the proposed
community boating facility.
· The community boating facility is a private, non-profit facility with no commercial activities
being permitted. Each boat slip will be reserved for the home owners within the proposed
subdivision.
· The island will contain an open-air pavilion containing restroom facilities, bike/walking
trails, group picnic areas, natural viewing areas, pickleball courts, a 6-hole miniature golf
course, and kayak/canoe launches.
· Of the 134.9 acres included within the application, 127.45 acres will be preserved in
conservation space.
· The future subdivision is located within land already zoned R-15, and therefore, it is not
included within this SUP application. The subdivision was reviewed by the Technical Review
Committee in June and received preliminary plan approval in October of this year.
· The proposed community boating facility and boardwalk must obtain applicable permits
from the NC Division of Coastal Management and the US Army Corps of Engineers.
Planning Board - November 7, 2019
ITEM: 6 - 2 - 3
Z17-09 Staff Report PB 11.7.2019 Page 4 of 10
Above: Map highlighting the property included within the SUP application and the adjacent subdivision.
Below: Plan illustrating the proposed development on San Souci Island and the proposed boat slips. Please see
Sheets SP-01 and UTIL-01 of the submitted plans for additional details.
TRANSPORTATION
Planning Board - November 7, 2019
ITEM: 6 - 2 - 4
Z17-09 Staff Report PB 11.7.2019 Page 5 of 10
· Access is provided to the subject property via the Preservation Point subdivision that
connects to both Castle Hayne Road (N.C. HWY 133) and Brentwood Drive (SR 1313).
· As the community boating facility is a private facility with no commercial activities being
permitted, it is not expected to generate any additional trips outside of those generated
by the proposed subdivision. Therefore, a Traffic Impact Analysis (TIA) was not required to
be completed for this application.
· A Traffic Impact Analysis (TIA) for the Preservation Point subdivision was approved by
NCDOT and the WMPO in August 2019. Per the approved TIA, Phase 1 will consist of 123
single-family detached residential dwellings (including the existing 98 lots approved in
2017) and 27 multi-family attached residential dwellings. The full build of the site (2023)
will consist of the above mentioned residential dwellings, a 5,000 square foot day care
center, a 3,000 square foot high-turnover sit-down restaurant, a 2,000 square foot
coffee/donut shop with drive-thru uses, and a small office building for 20 employees.
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Planning Board - November 7, 2019
ITEM: 6 - 2 - 5
Z17-09 Staff Report PB 11.7.2019 Page 6 of 10
Nearby NC STIP Projects:
· STIP Project U-5863
o Project to widen Castle Hayne Road from I-140 to MLK Parkway.
o Current production schedule for this project is to begin right-of-way acquisition in
2020 and bidding of the project in 2022. However, the draft STIP, which will be
finalized in September, has moved the dates for right-of-way acquisition to 2021
and bidding of the project to 2024.
o This project will widen Castle Hayne Road by adding a center turn lane or median
to certain sections of the Road.
· STIP Project U-5954
o Project to install a roundabout at the intersection of Castle Hayne Road and 23rd
Street.
o Current production schedule for this project is to begin right-of-way acquisition in
late 2019 and bidding of the project in 2022. However, the draft STIP, which was
finalized in September, has moved the dates for right-of-way acquisition to 2022
and bidding of the project to 2024.
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. Preservation Point
Phase 1
· 123 single-family dwellings
· 27 multi-family dwellings
· Approved August 21, 2019
· Phase 1 – 2022 Build Out
Year
· 2023 Full Build Out Year
Full Build
· 123 single-family dwellings
· 27 multi-family dwellings
· 5,000 sf of day care
· 3,000 sf of high-turnover sit-
down restaurant
· 2,000 sf of coffee/donut
shop with drive-thru
· Small office building with 20
employees
The TIA required improvements must be completed at certain intersections in the area. The notable
improvements consisted of:
· Phase 1: Construct a driveway at the entrance subject site and Castle Hayne Road that has one
ingress and two egress lanes, with one continuous eastbound left turn lane, and construct a right
turn lane to exit the site. Install a stop control at the entrance of the subject site and Castle Hayne
Road.
· Full Build: Construct a right turn lane at the intersection of Castle Hayne Road and Division Drive.
Nearby Proposed Developments included within the TIA:
· None
Development Status: Applicant has applied for land disturbing permits. Site work is anticipated to
begin by the end of the year.
Planning Board - November 7, 2019
ITEM: 6 - 2 - 6
Z17-09 Staff Report PB 11.7.2019 Page 7 of 10
2. 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.
ENVIRONMENTAL
· The entire subject property is located within a Special Flood Hazard Area, specifically the
AE flood zone (100-year floodplain).
· The property contains regulated wetlands which will be preserved in conservation space.
The vast majority of the subject property contains brackish marsh, which is subject to the
standards of the Conservation Overlay District.
· The property is located within the Northeast Cape Fear River Floodplain, a Natural
Heritage Area. This Natural Heritage Area is classified as exceptional, meaning it may
contain at minimum 10 rare plant and animal species. Potential impact to any endangered
species will be reviewed during the CAMA Major permitting process for the facility.
· The property is within both the Smith Creek (C; Sw) and 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 IV (unsuitable). The applicant is currently working with a soil
scientist and New Hanover County Environmental Health on the specific design of the well
and septic system.
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 - November 7, 2019
ITEM: 6 - 2 - 7
Z17-09 Staff Report PB 11.7.2019 Page 8 of 10
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
The intent of the Conservation place type is to highlight areas of the county
where development and land uses may need to be limited in order to
protect natural resources. Lower impact uses such as environmental
education and recreation are indicated to be appropriate in such areas.
The proposed community boating facility would allow private property
owners to access public water ways through a shared boating facility
instead of individual boating docks, and development is limited to that
shared boating facility, non-paved trails, recreational uses, and picnic
areas. Its use is in keeping with the low-impact recreational uses indicated
for this place type.
During the August 21, 2017 original public hearing for this item, the Board
of Commissioners found that this use was in general conformity with New
Hanover County’s plans for development.
Consistency
Recommendation
The proposed community boating facility is generally CONSISTENT with the
goals of the 2016 Comprehensive Plan because it provides low-impact
recreation in an environmentally sensitive area.
Planning Board - November 7, 2019
ITEM: 6 - 2 - 8
Z17-09 Staff Report PB 11.7.2019 Page 9 of 10
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.
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. Water and wastewater services must be provided and designed to comply with the New
Hanover County Environmental Health Department’s standards.
B. The subject property is located in the New Hanover County North Fire Service District, and
the community boating facility, and its access, must comply with Fire Services’ standards,
including the installation of a dry standpipe system and an equipped All-Terrain Vehicle.
C. The community boating facility will not be used for commercial purposes and the sale or
storage of gasoline products is prohibited.
D. All structures must comply with the county’s Flood Damage Prevention Ordinance.
E. 127.45 acres of the property’s 134.9 acres will be preserved in conservation space.
F. The community boating facility must be reviewed and obtain applicable permits from the
NC Division of Coastal Management and the US Army Corps of Engineers.
Conclusion 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Community boating facilities are allowed by Special Use Permit in the R-15 zoning district.
B. The site design, as currently presented, complies with the standards of Section 72-37 of the
Zoning Ordinance, and is subject to comments made during the October 9, 2019 Technical
Review Committee meeting.
C. A CAMA Major 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 surrounding land uses are mostly undeveloped land and industrial uses.
B. The community boating facility is a private, non-profit facility with no commercial activities
being permitted. Each boat slip will be reserved for the home owners within the proposed
subdivision.
C. The San Souci Island facilities will be owned, operated, and maintained by the Preservation
Point Home Owner’s Association.
D. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
Planning Board - November 7, 2019
ITEM: 6 - 2 - 9
Z17-09 Staff Report PB 11.7.2019 Page 10 of 10
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 is classified as Conservation by the 2016 Comprehensive Land Use Plan. The
Conservation place type 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 goal of the Conservation place type is to protect
natural resources by limiting development, which is generally achieved in this application
by limiting development to the upland area (San Souci Island) and only allowing
Preservation Point residents and guests to access the community boating facility. Therefore,
the proposal generally aligns with the intent of the Conservation land use classification
because it provides for low-impact recreation in a limited area with no additional
residences.
B. During the August 21, 2017 original public hearing for this item, the Board of Commissioners
found that this use was in general conformity with New Hanover County’s plans for
development.
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 Report.
[OPTIONAL] Note any additional findings of fact related to the four required conclusions.
[OPTIONAL] Note any 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 area in which it is to be located and in general conformity with
the Comprehensive Land Use Plan for New Hanover County.
[State the finding(s) that the application does not meet and include reasons why it is not being met]
Planning Board - November 7, 2019
ITEM: 6 - 2 - 10
Planning Board - November 7, 2019
ITEM: 6 - 3 - 1
Planning Board - November 7, 2019
ITEM: 6 - 4 - 1
Planning Board - November 7, 2019
ITEM: 6 - 5 - 1
APPLICANT
MATERIALS
Planning Board - November 7, 2019
ITEM: 6 - 6 - 1
Planning Board - November 7, 2019
ITEM: 6 - 7 - 1
Planning Board - November 7, 2019
ITEM: 6 - 7 - 2
Planning Board - November 7, 2019
ITEM: 6 - 7 - 3
Planning Board - November 7, 2019
ITEM: 6 - 7 - 4
Planning Board - November 7, 2019
ITEM: 6 - 7 - 5
Planning Board - November 7, 2019
ITEM: 6 - 7 - 6
PROPOSED
SITE PLAN
Planning Board - November 7, 2019
ITEM: 6 - 8 - 1
PROJECT:
SCALE:
RELEASE:
APPROVED:
CHECKED:
DESIGNED:
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Coastal Land Design, PLLC
www.cldeng.com
Phone: 910-254-9333
Fax: 910-254-0502
P.O.Box 1172
Wilmington, NC 28402
Civil Engineering / Landscape Architecture
Land Planning / Construction Management
NCBELS Firm License P-0369
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PARTNERS, LLC
9827 COGDILL RD, STE 1
KNOXVILLE, TN 37932
DESIGN
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BEFORE YOU DIG, CALL
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www.nc811.org
Carolina
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NOT RELEASED FOR CONSTRUCTION
ISSUED FOR AGENCY REVIEW ONLY
New Hanover County, NC
CONTENTS
OWNER:
PRESERVATION POINT PARTNERS, LLC
9827 COGDILL ROAD, SUITE 1
KNOXVILLE, TN 37932
VICINITY MAP
Coastal Land Design,PLLC
Civil Engineering / Landscape Architecture Land
Planning / Construction Management
P.O.Box 1172
Wilmington, NC 28402
Phone: 910-254-9333
Fax: 910-254-0502
NCBELS Firm License No: P-0369
www.cldeng.com
SURVEYOR:
ESP ASSOCIATES, INC.
211 RACINE DRIVE
WILMINGTON, NC 28403
ENGINEER:
REVIEW AGENCYAPPROVAL DATEPERMIT NUMBER
NOT TO SCALE
PRESERVATION POINT
SUBDIVISION
SITE
NORTH
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CONTENTSSHEETNAME
COVERPRESERVATION POINT - SAN SOUCI ISLAND
EX-01SAN SOUCI ISLAND EXISTING CONDITIONS
SP-01SAN SOUCI ISLAND MASTER PLAN W/ MAINLAND CONNECTION
SP-02SAN SOUCI ISLAND FIRE PLAN W/ MAINLAND CONNECTION
UTIL-01SAN SOUCI ISLAND UTILITY LAYOUT
San Souci Island
Planning Board - November 7, 2019
ITEM: 6 - 9 - 1
TN
OAK 48 TWINOAK 48 TWIN
TN
TN
TNTN
TN
TN
TN
TN
GN PINE
PINE 16
OAK 18
OAK
OAK 13CEDAR 9
OAK 24
OAK 31OAK 13
OAK 8
OAK 23
OAK 13
OAK 11
OAK 9
HOLLY 4
OAK 11
HOLLY 4
HOLLY 5
MAPLE 17
HOLLY 6OAK 14
OAK 15
MAGNOLIA 4
OAK 11
OAK 11
OAK 19
OAK 8
OAK 16PINE 22
OAK 18OAK 13
OAK 13
OAK 8
MAPLE 9
MAPLE 14
MAPLE 8
OAK 13
MAGNOLIA 9
MAPLE 8
HOLLY 4
HOLLY 4
OAK 8
OAK 16
OAK 8
OAK 8
MAPLE 8
HOLLY 6
OAK 28
OAK 8
PINE 18
OAK 11
MAPLE 13
OAK 10
PINE 16
HOLLY 4
OAK 8
PINE 13
OAK 9OAK 12
HOLLY 4
OAK 13
OAK 12
OAK 10
PINE 27
OAK 21
MAGNOLIA 6
OAK 14
HOLLY 4
OAK 14
OAK 17
OAK 8
HOLLY 4
HOLLY 5
HOLLY 5
OAK 16
OAK 9
HOLLY 4
OAK 25
HOLLY 4
HOLLY 4
HOLLY 4
OAK 14
HOLLY 5
HOLLY 4
OAK 14
OAK 12
HOLLY 6
HOLLY 7
PINE 14
PINE 19
PINE 16
PINE 12
HOLLY 5
HOLLY 6HOLLY 4
OAK 9
HOLLY 8
PINE 16
PINE 15PINE 12
OAK 13
PINE 15
PINE 12
MAGNOLIA 8
OAK 20
HOLLY 8
PINE 25
PINE 19
OAK 10
OAK 11
OAK 9
MAGNOLIA 4
PINE 12
PINE 19
PINE 24
OAK 12
HOLLY 5HOLLY 5
HOLLY 6
OAK 14
OAK 9
HOLY 5
OAK 9
MAGNOLIA 6
MAGNOLIA 7
MAGNOLIA 4
HOLLY 4
CYPRESS 22
MAPLE 10
HOLLY 5
MAGNOLIA 5
PINE 24
OAK 24
MAGNOLIA 5
HOLLY 5
HOLLY 7
HOLLY 5
HOLLY 7
HOLLY 4
HOLLY 5
HOLLY 4
HOLLY 6
HOLLY 4
HOLLY 4
HOLLY 4
HOLLY 4
HOLLY 4
HOLLY 5
MAGNOLIA 4
MAGNOLIA 5
HOLLY 8
CYPRESS 18
MAGNOLIA 20
MAGNOLIA 16
MAPLE 10
HOLLY 5
HOLLY 5
HOLLY 6
MAGNOLIA 6
OAK 14
OAK 8
HOLLY 5
MAGNOLIA 5
MAPLE 10
MAGNOLIA 6
OAK 9
MAPLE 14
HOLLY 5
MAPLE 8
HOLLY 4
HOLLY 6
OAK 12
HOLLY 5
CYPRESS 18
HOLLY 4
HOLLY 4
MAPLE 10
HOLLY 6MAPLE 12
HOLY 5
MAGNOLIA 8
OAK 18
HOLLY 4
MAGNOLIA 4
OAK 14
OAK 13
HOLLY 6
HOLLY 5
MAGNOLIA 6
HOLLY 7
MAGNOLIA 8
MAGNOLIA 4
MAPLE 12
OAK 24OAK 18
HOLLY 4
OAK 8
HOLLY 5
MAGNOLIA 7
HOLLY 7
OAK 18
HOLLY 4
HOLLY 4
HOLLY 6
HOLLY 6
HOLLY 4
HOLLY 6
HOLLY 7
HOLLY 5
MAGNOLIA 14
CEDAR 10
HOLLY 5
PINE 20
OAK 12
OAK 10
OAK 16
HOLLY 4
HOLLY 4HOLLY 6
HOLLY 4MAPLE 12
OAK 11
OAK 10
OAK 28
PINE 24
OAK 15
MAGNOLIA 8
MAGNOLIA 5
OAK 24
MAGNOLIA 8
PINE 14
HOLLY 10
OAK 18
HOLY 4
HOLLY 5
PINE 12
HOLLY 6
HOLLY 4
PINE 16
MAPLE 14
CYPRESS 14
OAK 8
HOLLY 5
HOLLY 5
MAPLE 18
HOLLY 5
OAK 10
MAPLE 10
OAK 8
CEDAR 16
OAK 14
OAK 20
OAK 15
OAK 15
PINE 24
PINE 12
PINE 13
MAG 5
HOLLY 5
HOLLY 7
MAPLE 9
OAK 10
OAK 9
OAK 12
OAK 12
PINE 18
PINE 12
MAG 9
MAG 13
MAG 18 CLUSTER
PINE 12
PINE 12
OAK 9
PINE 24
GUM 13
GUM 10
GUM 16
HOLLY 8
HOLLY 6
OAK 8
MAG 6
PINE 15
OAK 12
PINE 15
PINE 12
PINE 12
OAK 8
OAK 15
OAK 7
HOLLY 8
OAK 10
OAK 10
HOLLY 4
MAG 5MAG 6
MAG 6MAG 5MAG 6
IRONWOOD 8
OAK 8
MAG 8
MAG 8
MAG 4
MAG 6
MAG 7
MAG 9
MAG 8
HOLLY 11
MAG 6
OAK 10
OAK 8
GUM 10
PINE 12
OAK 14 CLUSTER
OAK 13
OAK 13
OAK 13
MAPLE 10
OAK 8
HARDWOOD 18
OAK 8
OAK 12
MAG CLUSTER
PINE 12
PINE 12
GUM 12
PINE 12
OAK 9
OAK 23
OAK 20
OAK 20
CYPRESS 15
GUM 15
GUM 15
PINE 17
PINE 13
PINE 18
MAG 5
OAK 19
MAG 23
CYPRESS 5
MAG 15
HOLLY 12
OAK 40
MAPLE 13
MAG 8
PINE 12
MAG 4
MAG 5
OAK 52
OAK 12 PINE 12
PINE 12
PINE 14
PINE 12
PINE 12
MAG 6
OAK 12
PINE 12
PINE 12
PINE 13
PINE 13
OAK 10
OK 39
POINE 36 TWIN
PINE 14
PINE 13
HOLLY 6
OAK13
PINE 15
OAK 9
PINE 13
MAG 4
OAK 14
TREE 15
13 TREE
OAK 21
OAK 10
PINE 12
OAK 16
PINE 12
PINE 12
PINE 12
PINE 14
PINE 12
HOLLY 11
HOLLY 11
PINE 18
MAG 8
PINE 12
PINE 12
GUM 12
MAG 4
MAPLE 10
POPLAR 15
PINE 30
PINE 12
PINE 13
OAK 20
OAK 10
PINE 12
OAK 36
OAK 44
PINE 14
PINE 20
PINE 26 TWIN
MAPLE 9
TREE
MAG 6
MAG 4
MAG 4
HOLLY 11
HOLLY 12
PINE 15
PINE 12
PINE 12
OAK 9
OAK 20
OAK 12
OAK 12
GUM 12
OAK 15
MAG 10 CLUSTER
OAK 10
PINE 12
MAG 7
MAG 8
MAG 10
OAK 10
OAK 12
GUM 10
OAK 17
OAK 10
PINE 13
MAG 12
OAK 6
OAK 10
PINE 15
PINE 12
MAG 9
MAG 9
OAK 10
PINE 15
PINE 12
PINE 16
PINE 16
PINE 16
PINE 15
PINE 16
PINE 15
MAG 30 CLUSTER
PINE 12
MAG 4MAG 4
OAK 8
OAK 10
PINE 12
PINE 13
PINE 13
OAK 10
OAK 12
17 PINE
17 PINE
GUM 12
PINE 14
OAK 36
TREE 12
OAK 8
HOLLY 5
OAK 12
MAG 5
MAG 4
MAG 6
PINE 12
HOLLY 5
PINE 14
PINE 12
PINE 17
PINE 12
PINE 22
POPLAR 12
OAK 12
OAK 21
PINE 24
OAK 26
OAK 10
OAK 10
OAK 15
PINE 13
PINE 13PINE 18
MAG 12
PINE 12
PINE 12
PINE 12
OAK 8
OAK 8
OAK 22
OAK 10
OAK 32
OAK 15
PINE 13
OAK 30 TWIN
OAK 11OAK 20
GUM 10
GUM 7
PINE 12
PINE 13
PINE 16
PINE 18
OAK 36 TWIN
PINE 12
PINE 15
PINE 12
OAK 10
PINE 12
PINE 13
OAK 10
OAK 10
OAK 20
OAK 12
OAK 15
OAK 24
SHED
SHED
SHEDSHED
OAK 12
PINE 18
PINE 22
PINE 13
OAK 16
MAG 5
MAG 5
MAG 6
OAK 14
OAK 12
PINE 12
OAK 10
OAK 14
PINE 13
PINE 18
PINE 18
TN
OAK 48 TWINOAK 48 TWIN
TN
TN
TNTN
TN
TN
TN
TN
GN PINE
PINE 16
OAK 18
OAK
OAK 13CEDAR 9
OAK 24
OAK 31OAK 13
OAK 8
OAK 23
OAK 13
OAK 11
OAK 9
HOLLY 4
OAK 11
HOLLY 4
HOLLY 5
MAPLE 17
HOLLY 6OAK 14
OAK 15
MAGNOLIA 4
OAK 11
OAK 11
OAK 19
OAK 8
OAK 16PINE 22
OAK 18OAK 13
OAK 13
OAK 8
MAPLE 9
MAPLE 14
MAPLE 8
OAK 13
MAGNOLIA 9
MAPLE 8
HOLLY 4
HOLLY 4
OAK 8
OAK 16
OAK 8
OAK 8
MAPLE 8
HOLLY 6
OAK 28
OAK 8
PINE 18
OAK 11
MAPLE 13
OAK 10
PINE 16
HOLLY 4
OAK 8
PINE 13
OAK 9OAK 12
HOLLY 4
OAK 13
OAK 12
OAK 10
PINE 27
OAK 21
MAGNOLIA 6
OAK 14
HOLLY 4
OAK 14
OAK 17
OAK 8
HOLLY 4
HOLLY 5
HOLLY 5
OAK 16
OAK 9
HOLLY 4
OAK 25
HOLLY 4
HOLLY 4
HOLLY 4
OAK 14
HOLLY 5
HOLLY 4
OAK 14
OAK 12
HOLLY 6
HOLLY 7
PINE 14
PINE 19
PINE 16
PINE 12
HOLLY 5
HOLLY 6HOLLY 4
OAK 9
HOLLY 8
PINE 16
PINE 15PINE 12
OAK 13
PINE 15
PINE 12
MAGNOLIA 8
OAK 20
HOLLY 8
PINE 25
PINE 19
OAK 10
OAK 11
OAK 9
MAGNOLIA 4
PINE 12
PINE 19
PINE 24
OAK 12
HOLLY 5HOLLY 5
HOLLY 6
OAK 14
OAK 9
HOLY 5
OAK 9
MAGNOLIA 6
MAGNOLIA 7
MAGNOLIA 4
HOLLY 4
CYPRESS 22
MAPLE 10
HOLLY 5
MAGNOLIA 5
PINE 24
OAK 24
MAGNOLIA 5
HOLLY 5
HOLLY 7
HOLLY 5
HOLLY 7
HOLLY 4
HOLLY 5
HOLLY 4
HOLLY 6
HOLLY 4
HOLLY 4
HOLLY 4
HOLLY 4
HOLLY 4
HOLLY 5
MAGNOLIA 4
MAGNOLIA 5
HOLLY 8
CYPRESS 18
MAGNOLIA 20
MAGNOLIA 16
MAPLE 10
HOLLY 5
HOLLY 5
HOLLY 6
MAGNOLIA 6
OAK 14
OAK 8
HOLLY 5
MAGNOLIA 5
MAPLE 10
MAGNOLIA 6
OAK 9
MAPLE 14
HOLLY 5
MAPLE 8
HOLLY 4
HOLLY 6
OAK 12
HOLLY 5
CYPRESS 18
HOLLY 4
HOLLY 4
MAPLE 10
HOLLY 6MAPLE 12
HOLY 5
MAGNOLIA 8
OAK 18
HOLLY 4
MAGNOLIA 4
OAK 14
OAK 13
HOLLY 6
HOLLY 5
MAGNOLIA 6
HOLLY 7
MAGNOLIA 8
MAGNOLIA 4
MAPLE 12
OAK 24OAK 18
HOLLY 4
OAK 8
HOLLY 5
MAGNOLIA 7
HOLLY 7
OAK 18
HOLLY 4
HOLLY 4
HOLLY 6
HOLLY 6
HOLLY 4
HOLLY 6
HOLLY 7
HOLLY 5
MAGNOLIA 14
CEDAR 10
HOLLY 5
PINE 20
OAK 12
OAK 10
OAK 16
HOLLY 4
HOLLY 4HOLLY 6
HOLLY 4MAPLE 12
OAK 11
OAK 10
OAK 28
PINE 24
OAK 15
MAGNOLIA 8
MAGNOLIA 5
OAK 24
MAGNOLIA 8
PINE 14
HOLLY 10
OAK 18
HOLY 4
HOLLY 5
PINE 12
HOLLY 6
HOLLY 4
PINE 16
MAPLE 14
CYPRESS 14
OAK 8
HOLLY 5
HOLLY 5
MAPLE 18
HOLLY 5
OAK 10
MAPLE 10
OAK 8
CEDAR 16
OAK 14
OAK 20
OAK 15
OAK 15
PINE 24
PINE 12
PINE 13
MAG 5
HOLLY 5
HOLLY 7
MAPLE 9
OAK 10
OAK 9
OAK 12
OAK 12
PINE 18
PINE 12
MAG 9
MAG 13
MAG 18 CLUSTER
PINE 12
PINE 12
OAK 9
PINE 24
GUM 13
GUM 10
GUM 16
HOLLY 8
HOLLY 6
OAK 8
MAG 6
PINE 15
OAK 12
PINE 15
PINE 12
PINE 12
OAK 8
OAK 15
OAK 7
HOLLY 8
OAK 10
OAK 10
HOLLY 4
MAG 5MAG 6
MAG 6MAG 5MAG 6
IRONWOOD 8
OAK 8
MAG 8
MAG 8
MAG 4
MAG 6
MAG 7
MAG 9
MAG 8
HOLLY 11
MAG 6
OAK 10
OAK 8
GUM 10
PINE 12
OAK 14 CLUSTER
OAK 13
OAK 13
OAK 13
MAPLE 10
OAK 8
HARDWOOD 18
OAK 8
OAK 12
MAG CLUSTER
PINE 12
PINE 12
GUM 12
PINE 12
OAK 9
OAK 23
OAK 20
OAK 20
CYPRESS 15
GUM 15
GUM 15
PINE 17
PINE 13
PINE 18
MAG 5
OAK 19
MAG 23
CYPRESS 5
MAG 15
HOLLY 12
OAK 40
MAPLE 13
MAG 8
PINE 12
MAG 4
MAG 5
OAK 52
OAK 12 PINE 12
PINE 12
PINE 14
PINE 12
PINE 12
MAG 6
OAK 12
PINE 12
PINE 12
PINE 13
PINE 13
OAK 10
OK 39
POINE 36 TWIN
PINE 14
PINE 13
HOLLY 6
OAK13
PINE 15
OAK 9
PINE 13
MAG 4
OAK 14
TREE 15
13 TREE
OAK 21
OAK 10
PINE 12
OAK 16
PINE 12
PINE 12
PINE 12
PINE 14
PINE 12
HOLLY 11
HOLLY 11
PINE 18
MAG 8
PINE 12
PINE 12
GUM 12
MAG 4
MAPLE 10
POPLAR 15
PINE 30
PINE 12
PINE 13
OAK 20
OAK 10
PINE 12
OAK 36
OAK 44
PINE 14
PINE 20
PINE 26 TWIN
MAPLE 9
TREE
MAG 6
MAG 4
MAG 4
HOLLY 11
HOLLY 12
PINE 15
PINE 12
PINE 12
OAK 9
OAK 20
OAK 12
OAK 12
GUM 12
OAK 15
MAG 10 CLUSTER
OAK 10
PINE 12
MAG 7
MAG 8
MAG 10
OAK 10
OAK 12
GUM 10
OAK 17
OAK 10
PINE 13
MAG 12
OAK 6
OAK 10
PINE 15
PINE 12
MAG 9
MAG 9
OAK 10
PINE 15
PINE 12
PINE 16
PINE 16
PINE 16
PINE 15
PINE 16
PINE 15
MAG 30 CLUSTER
PINE 12
MAG 4MAG 4
OAK 8
OAK 10
PINE 12
PINE 13
PINE 13
OAK 10
OAK 12
17 PINE
17 PINE
GUM 12
PINE 14
OAK 36
TREE 12
OAK 8
HOLLY 5
OAK 12
MAG 5
MAG 4
MAG 6
PINE 12
HOLLY 5
PINE 14
PINE 12
PINE 17
PINE 12
PINE 22
POPLAR 12
OAK 12
OAK 21
PINE 24
OAK 26
OAK 10
OAK 10
OAK 15
PINE 13
PINE 13PINE 18
MAG 12
PINE 12
PINE 12
PINE 12
OAK 8
OAK 8
OAK 22
OAK 10
OAK 32
OAK 15
PINE 13
OAK 30 TWIN
OAK 11OAK 20
GUM 10
GUM 7
PINE 12
PINE 13
PINE 16
PINE 18
OAK 36 TWIN
PINE 12
PINE 15
PINE 12
OAK 10
PINE 12
PINE 13
OAK 10
OAK 10
OAK 20
OAK 12
OAK 15
OAK 24
SHED
SHED
SHEDSHED
OAK 12
PINE 18
PINE 22
PINE 13
OAK 16
MAG 5
MAG 5
MAG 6
OAK 14
OAK 12
PINE 12
OAK 10
OAK 14
PINE 13
PINE 18
PINE 18
-2
5
.
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N
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N
H
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N
H
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N
H
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W
L
NL
W
L
N
L
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N
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W
L
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W
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N
L
W
L
N
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W
L
N
L
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N
L
W
L
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NL
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L
N
L
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L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
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N
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N
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L
N
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L
N
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W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
N
L
W
L
NL
W
L
N
L
W
L
N
L
W
L
N
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N
L
W
L
NL
W
L
NL
W
L
NL
W
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W
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W
L
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NH17
NH6
NH6
NH4
NH5
NH3
NH2
NH1
A
E
F
L
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L
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N
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A
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PROJECT:
SCALE:
RELEASE:
APPROVED:
CHECKED:
DESIGNED:
IN
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DE
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www.cldeng.com
Coastal Land Design, PLLC
www.cldeng.com
Phone: 910-254-9333
Fax: 910-254-0502
P.O.Box 1172
Wilmington, NC 28402
Civil Engineering / Landscape Architecture
Land Planning / Construction Management
NCBELS Firm License P-0369
SHEET
Sa
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,
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1" = 50'
989-01
JFB
JFB
JFB
EC-01
COASTAL WETLAND LINE
APPROX. LOCATION OF
NORMAL LOW WATER
LINE
NORMAL HIGH WATER
LINE. FLAGS FOUND
(typ.)
NO
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N
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/
1
3
3
/
1
1
7
/
1
3
3
/
1
1
7
DIV
I
S
I
O
N
D
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DI
V
I
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I
O
N
D
R
UN
N
A
M
E
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H
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SITE
VICINI
T
Y
M
A
P
050100
NORTH
SCALE 1:50
(WHEN PRINTED ON 24 X 36 ARCH D PAPER)
50
TO SUBDIVISION
TURNING BASIN
NHWLNHWL
NLWLNLWL
PARCEL BOUNDARY
UPLAND ZONE
WETLAND BORDER
NORMAL HIGH WATER LINE
NORMAL LOW WATER LINE
MAJ. RIVER FLOOR ELEVATION
MIN. RIVER FLOOR ELEVATION
EXISTING WETLANDS
EXISTING TREES
EXISTING COASTAL WETLANDS
-10.00
-4.26
PINE 26
NOT RELEASED FOR
CONSTRUCTION
ISSUED FOR AGENCY
REVIEW ONLY
PRESERVATION POINT
PARTNERS, LLC.
9827 COGDILL RD, STE 27
KNOXVILLE, TN 37932
Planning Board - November 7, 2019
ITEM: 6 - 9 - 2
-2
5
.
0
0
-25.00
-2
0
.
0
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HAN
A
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(
±
)
N
H
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L
N
H
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N
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N
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N
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W
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N
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N
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N
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N
H
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L
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W
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W
L
NH
W
L
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W
L
NH
W
L
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W
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NH
W
L
NH
W
L
NH
W
L
N
H
W
L
N
H
W
L
N
H
W
L
N
H
W
L
NH
W
L
NH
W
L
NH
W
L
NH
W
L
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W
L
NH
W
L
NH
W
L
NH
W
L
NH
W
L
NH
W
L
NH
W
L
N
H
W
L
N
H
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L
N
H
W
L
NH
W
L
NH
W
L
NH
W
L
NH
W
L
N
H
W
L
N
H
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
N
L
W
L
N
L
W
L
NL
W
L
NL
W
L
N
L
W
L
N
L
W
L
N
L
W
L
N
L
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
N
L
W
L
N
L
W
L
N
L
W
L
N
L
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
NL
W
L
N
L
W
L
NL
W
L
N
L
W
L
N
L
W
L
N
L
W
L
N
L
W
L
NL
W
L
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W
L
NL
W
L
NL
W
L
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W
L
NL
W
L
NL
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W
L
N
L
W
L
N
L
W
L
N
L
W
L
N
L
W
L
NH17
NH6
NH6
NH4
NH5
NH3
NH2
NH1
L
PID: R04100-001-001-000
Acres: 67.06
Zoning: I-2
CHERRY 12
AE
F
L
O
O
D
L
I
N
E
A
E
F
L
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L
I
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N
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B
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R
WETL
A
N
D
B
O
R
D
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R
MH
MH
MH
FH
FH
PROJECT:
SCALE:
RELEASE:
APPROVED:
CHECKED:
DESIGNED:
IN
I
T
DA
T
E
DE
S
C
R
I
P
T
I
O
N
RE
V
www.cldeng.com
Coastal Land Design, PLLC
www.cldeng.com
Phone: 910-254-9333
Fax: 910-254-0502
P.O.Box 1172
Wilmington, NC 28402
Civil Engineering / Landscape Architecture
Land Planning / Construction Management
NCBELS Firm License P-0369
SHEET
Sa
n
S
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1" = 100'
989-01
JFB
JFB
JFB
SP-01
0100200
NORTH
SCALE 1:100
(WHEN PRINTED ON 24 X 36 ARCH D PAPER)
100
B
R
E
N
T
W
O
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D
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L
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A
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2
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L
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D
/
1
3
3
/
1
1
7
/
1
3
3
/
1
1
7
DIV
I
S
I
O
N
D
R
DI
V
I
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I
O
N
D
R
UN
N
A
M
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CO
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N
A
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S
T
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T
H
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A
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A
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A
R
R
I
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B
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W
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R
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F
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2
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PA
L
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/
1
3
3
/
1
1
7
/
1
3
3
/
1
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7
DIV
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N
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T
H
C
R
K
SITE
VICINI
T
Y
M
A
P
15' x 15'
SHELTER
VIEWING
AREA 1
VIEWING
AREA 2
10' WIDE BOARDWALK
WITH RAILING.
~(1.645 LF)
ISLAND PAVILION &
RESTROOMS
KAYAK STORAGE
SHELTER
AMENITY ISLAND
ACTIVE OPEN SPACE
7.45 ACRES (UPLAND)
COMMUNITY BOATING FACILITY
APPROVED
UPLAND ZONENO
R
T
H
E
A
S
T
C
A
P
E
F
E
A
R
R
I
V
E
R
BOARDWALK ACCESS & FIRE DEPT.
EMERGENCY EQUIP. STORAGE
see sheet SP-02 for Fire Emergency Plans
NHWLNHWL
NLWLNLWL
PARCEL BOUNDARY
UPLAND ZONE
WETLAND BORDER
NORMAL HIGH WATER LINE
NORMAL LOW WATER LINE
KAYAK LAUNCH
KAYAK LAUNCH
INFORMAL GATHERING
SPACE (typ.)
6 HOLE PUT-PUT
(2) PICKLEBALL
COURTS
WALKING TRAILS (typ.)
KAYAK STORAGE
SHELTER
TURNING
BASIN
NOTES:
1.Pavilion and restroom facilities to be locked 24/7 with
access to residents only via key-card or pin.
NOT RELEASED FOR
CONSTRUCTION
ISSUED FOR AGENCY
REVIEW ONLY
PRESERVATION POINT
PARTNERS, LLC.
9827 COGDILL RD, STE 27
KNOXVILLE, TN 37932
Planning Board - November 7, 2019
ITEM: 6 - 9 - 3
6W6W2W
6
W
10+00
4
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W
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W
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L
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L
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W
L
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W
L
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W
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W
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L
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W
L
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L
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W
L
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L
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W
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W
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L
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W
L
N
L
W
L
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L
W
L
NH17
NH6
NH6
NH4
NH5
NH3
NH2
NH1
L
PID: R04100-001-001-000
Acres: 67.06
Zoning: I-2
4F
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L
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4FL4FL4FL4FL4FL4FL4FL4FL4FL
4F
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CHERRY 12
AE
F
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WETL
A
N
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B
O
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MH
MH
MH
FH
FH
PROJECT:
SCALE:
RELEASE:
APPROVED:
CHECKED:
DESIGNED:
IN
I
T
DA
T
E
DE
S
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V
www.cldeng.com
Coastal Land Design, PLLC
www.cldeng.com
Phone: 910-254-9333
Fax: 910-254-0502
P.O.Box 1172
Wilmington, NC 28402
Civil Engineering / Landscape Architecture
Land Planning / Construction Management
NCBELS Firm License P-0369
SHEET
Sa
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Ne
w
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y
,
N
C
-
1" = 100'
989-01
JFB
JFB
JFB
SP-02
0100200
NORTH
SCALE 1:100
NOT RELEASED FOR
CONSTRUCTION
ISSUED FOR AGENCY
REVIEW ONLY
(WHEN PRINTED ON 24 X 36 ARCH D PAPER)
100
B
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/
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/
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3
3
/
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DIV
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/
1
3
3
/
1
1
7
/
1
3
3
/
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7
DIV
I
S
I
O
N
D
R
DI
V
I
S
I
O
N
D
R
UN
N
A
M
E
D
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U
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R
Y
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A
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A
P
E
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R
I
V
E
R
S
M
I
T
H
C
R
K
SITE
VICINI
T
Y
M
A
P
FIRE LINES TO BE ATTACHED
TO THE UNDERSIDE OF THE
BOARDWALK
15' x 15' EMERGENCY
FIRE VEHICLE STORAGE
AREA
BOARDWALK CONNECTION
TO EMERGENCY BLDG.
FIRE LINE SUPPORTED
UNDER SIDEWALK
ISLAND PAVILION &
RESTROOMS
HYDRANT
ABOVE-GRADE
STANDPIPE
AMENITY ISLAND
ACTIVE OPEN SPACE
7.45 ACRES (UPLAND)
COMMUNITY BOATING FACILITY
APPROVED
NO
R
T
H
E
A
S
T
C
A
P
E
F
E
A
R
R
I
V
E
R
BOARDWALK ACCESS & FIRE DEPT.
EMERGENCY EQUIP. STORAGE
NHWLNHWL
NLWLNLWL
PARCEL BOUNDARY
UPLAND ZONE
WETLAND BORDER
NORMAL HIGH WATER LINE
NORMAL LOW WATER LINE
F
E
4'x10' FIRE EQUIP.
STAGING AREA
FIRE EXTINGUISHER LOCATION
STAND PIPE LOCATION
EMERGENCY RESPONSE STAGING AREA
TURNING
BASIN
NOTES:
1.Pavilion and restroom facilities to be locked 24/7 with
access to residents only via key-card or pin.
2.All structures to have KNOX boxes for emergency
access.
3.Emergency phones and 911 signage to be displayed at
pavilion and docks.
STAND PIPES TO BE LOCATED
AT EACH VIEWING AREA
PRESERVATION POINT
PARTNERS, LLC.
9827 COGDILL RD, STE 27
KNOXVILLE, TN 37932
A
1
0
-
1
4
-
2
0
1
9
R
e
v
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U
P
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e
-
a
p
p
l
i
c
a
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N
A
Planning Board - November 7, 2019
ITEM: 6 - 9 - 4
-2
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www.cldeng.com
Coastal Land Design, PLLC
www.cldeng.com
Phone: 910-254-9333
Fax: 910-254-0502
P.O.Box 1172
Wilmington, NC 28402
Civil Engineering / Landscape Architecture
Land Planning / Construction Management
NCBELS Firm License P-0369
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COMMUNITY BOAT
DOCKS / MARINA
SEPTIC LEACH BED
WELL
KAYAK STORAGE
SHELTER
KAYAK LAUNCH
KAYAK STORAGE
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PARCEL BOUNDARY
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WETLAND BORDER
NORMAL HIGH WATER LINE
NORMAL LOW WATER LINE
4" FIRE LINE
F
E
4'x10' FIRE EQUIP.
STAGING AREA
FIRE EXTINGUISHER LOCATION
STAND PIPE LOCATION
EMERGENCY RESPONSE STAGING AREA
050100
NORTH
SCALE 1:50
(WHEN PRINTED ON 24 X 36 ARCH D PAPER)
50
NOT RELEASED FOR
CONSTRUCTION
ISSUED FOR AGENCY
REVIEW ONLY
4FL
4' X 10' FIRE
EQUIPMENT
STAGING AREA
NOTES:
1.Pavilion and restroom facilities to be locked 24/7 with
access to residents only via key-card or pin.
2.All structures to have KNOX boxes for emergency
access.
3.Emergency phones and 911 signage to be displayed at
pavilion and docks.
DRY FIRE LINE
* BOTH FIRE HOSE CONNECTIONS
LOCATED AT PAVILION
TO BE RISER TYPE WITH
TWO (2) GATED CONNECTIONS.
PRESERVATION POINT
PARTNERS, LLC.
9827 COGDILL RD, STE 27
KNOXVILLE, TN 37932
Planning Board - November 7, 2019
ITEM: 6 - 9 - 5
N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 11/7/2019
O ther B usiness
D E PA R T M E N T: Planning P R E S E N T E R(S ): Rebekah Roth, Senior Planner
C O N TA C T (S ): Rebekah Roth, Senior Pla nner
S U B J EC T:
Development C ode U pdate ("U nified Developm ent O rdinance P roject') - P hase 2 Reorg anized Document
B R I E F S U M M A RY:
Staff will provide a brief overview of the U nifi ed D evelopment O rdinance document we a n!cipate bringing to the
Planning B oard in D ecember. T his document reo rganizes the county's seven current develo pment codes into o ne
unified o rdinance so that all o f the regula !o ns wo rk together and so it is easier for property o wners and o ther users to
find the inf o rma!on they need.
T his U nifi ed D evelopment O rdinance do cument is the culmina!on of the seco nd phase of the co unty's development
code update, the fi rst phase of which was the addi!on o f eight new zo ning districts in J uly 2019. T his phase is no t
intended to c ha nge the regula!ons that apply to pro per!es; it is a reorganiza!on and clarifica!o n of current prac!ces
that will provide the o rdinance structure needed for the targeted code updates in phase three o f the pro ject. T hat
final phase o f the co de update project will begin in early 2020.
At the mee!ng, staff will provide inf o rma!on on the document's Table of C ontents and will present the individual
ar!cle pro fi les that summarize organiza!onal cha nges a nd c larifica !o ns to terms and pro cesses.
S T R AT EGI C P L A N A L I G N M E N T:
I ntelligent Growth and Economic D evelopment
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
Hear presenta!on. N o ac!on required.
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - November 7, 2019
ITEM: 7