Z17-08M - Staff ReportZ17-08M Staff Report PB 10.1.2020 Page 1 of 17
STAFF REPORT FOR Z17-08M
SPECIAL USE PERMIT MODIFICATION
APPLICATION OVERVIEW
This application proposes to modify the Special Use Permit for The Landing at Lewis Creek Estates
development in order to add 18 additional single-family dwellings. The Special Use Permit for
the development was issued in 2017 as part of the Conditional Use District (CUD) rezoning of the
site. The approval allowed for 230 single-family dwellings and 192 multi-family units, totaling
422 dwelling units at 4.95 du/ac.
The issuance of the Special Use Permit in 2017 determined the use met the four conclusions
required for a special use permit, including that the use is harmony with the area and in general
conformity with the Comprehensive Plan. Consideration of the modification should relate to the
impacts of the proposed 18 additional single-family dwellings and not the entire 440 dwelling
units that would be included in the development.
APPLICATION SUMMARY
Case Number: Z17-08M
Request:
Modification to a Special Use Permit to allow 18 additional Single-Family dwellings in The
Landing at Lewis Creek Estates Subdivision
Applicant: Property Owner(s):
Amy Schaefer of Lee Kaess, PLLC McAdams Homes, LLC
Location: Acreage (Total Site)
4700 block of Gordon Road 85.19 acres
PID(s): Comp Plan Place Type:
R04300-008-061-000, R04300-008-015-000,
R04300-008-126-000, R04300-008-062-000,
R04300-008-012-000, R04300-008-128-000,
R04300-008-168-000, and R04300-008-127-000
Urban Mixed Use
Existing Land Use: Proposed Land Use:
Residential Development consisting of single-family
dwellings, townhomes, and multi-family units. Addition of 18 single-family lots
Current Zoning:
(CUD) R-15
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SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential R-15
East Undeveloped/Single-Family Residential R-15
South Single-Family Residential, Religious Assembly R-15, R-10
West Interstate 40 Right-of-Way/Single-Family Residential R-15
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ZONING HISTORY
July 7, 1972 Initially zoned R-15 (Area 8B)
April 7, 1986 The subject property was rezoned to O&I (front 300 feet) and B-2 (Z-
262)
September 5, 2017
The subject property was rezoned to Conditional Use R-15 Zoning District,
and an Additional Dwelling Allowance Special Use Permit was issued in
order to develop 230 single-family lots and 192 apartment units.
COMMUNITY SERVICES
Water/Sewer The development will connect to CFPUA water and sewer services.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Murrayville Station
Schools
Blair Elementary, Eaton Elementary, Trask Middle, and New Hanover High
schools
For more information, see Schools section of this report
Recreation Smith Creek Park & Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The property contains swamp forest wetlands along Smith Creek. These
wetlands are subject to the standards of the conservation resources. The
proposed lots will not impact the wetlands subject to these standards.
Historic No known historic resources
Archaeological No known archaeological resources
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CURRENT SITE PLAN
The Special Use Permit was approved in 2017 and allows for a total of 422 dwelling units
(4.95 du/ac) consisting of 230 single-family dwellings and 192 multi-family units.
A minor modification to the project was administratively approved in 2018 allowing 40
single-family dwellings to be reassigned as townhome dwellings. The maximum of 422
dwelling units did not change.
2017 Approved Site Plan with Staff Markups
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2018 Site Plan with Staff Markups
PROPOSED CONCEPTUAL PLAN
This application proposes to modify the existing Special Use Permit to construct 18
additional single-family dwellings.
The 18 dwellings are proposed to be placed in the same general location where single-
family homes were initially approved in 2017, prior to the modification.
The proposed expansion will bring the total number of dwelling units to 440 (5.16 du/ac)
from 422 (4.95 du/ac).
The Additional Dwelling Allowance standards in the R-15 district permit a maximum density
of 10.2 du/ac, which equates to 869 dwelling units on the subject property. The applicant’s
current proposal is approximately 51% of the maximum allowable dwelling units.
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The proposed site plan has been reviewed by the Technical Review Committee (TRC) and
complies with the Additional Dwelling Allowance standards within the Unified Development
Ordinance.
2020 Proposed Conceptual Plan with Staff Markups
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LAND USE
CURRENT DWELLING
UNITS
PROPOSED
DWELLING UNITS
CHANGES IN
DWELLING UNITS
Single-Family
Dwellings 190 208 18
Apartments 192 192 No change
Townhome Units 40 40 No change
Increase of 18 dwellings
AREA SUBDIVISIONS UNDER DEVELOPMENT
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TRANSPORTATION
Access is provided to the subject property by Gordon Road (SR 2048), a minor arterial
street.
Primary Access Points to Major Roadways
Typically, single-family dwellings generate approximately one trip in the peak hours. The
proposed addition would allow 18 more dwellings, which would generate about 18 trips in
the AM peak hours and 20 trips in the PM peak hours.
A Traffic Impact Analysis (TIA) was conducted for the proposed development in 2017 and
approved by the WMPO and NCDOT. The applicant has completed the required traffic
improvements including signal installation at the Gordon Road and Blount Drive (site access),
light timing adjustments along Gordon Road, and turn lane modifications at the site access,
Gordon/North College Road and Gordon/I-40.
The WMPO and the NCDOT have determined an update to the Traffic Impact Analysis (TIA)
is not required for this requested Special Use Permit modification and the completed
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improvements are sufficient to handle the additional traffic generated by the 18 single-
family dwellings units.
Notable improvements to Gordon Road at Lewis Landing Avenue
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Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Nearby NC STIP Projects:
U-6202 (Gordon Road Improvements)
o The NC State Transportation Improvement Program includes (U-6202) that will
widen Gordon Road to multi-lanes from US HWY 17 (Market Street) to I-40.
Currently this project is scheduled for right of way acquisition in 2025 and
construction is currently not funded.
U-5792 (College/MLK Interchange) & U-5881 (College Road Improvements)
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o The NC State Transportation Improvement Program includes two projects (U-5792
& U-5881) that will upgrade College Road from Gordon Road to New Centre Drive.
NCDOT’s recommended plans for these projects include converting certain
intersections along College Road into interchanges, including at MLK Parkway and
Kings Drive.
o The production schedule for the College/MLK Interchange and College Road
Improvements projects were to begin right-of-way acquisition in 2024 and 2025,
respectively, and bidding of the projects in 2026 and 2028, respectively. However,
both of these projects are currently on hold for the foreseeable future.
Proposed Development Land Use/Intensity TIA Status
1. The Landing at
Lewis Creek
(Subject Site)
208 single-family dwellings
40 townhome units
192 multi-family units
TIA approved September 6,
2017
TIA approved September 16,
2020
2021 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Extend the northbound turn lane on Gordon Road and North College Road/I-40
westbound ramps.
Extend the existing westbound left-turn lane and extend the existing southbound left
turn lane on Gordon road and North College Road/I-40 eastbound Ramps.
Signalize the intersection of Gordon and Blount Drive (site access). Provide coordination
with the signals along Gordon Road. Provide a westbound-left turn lane on Gordon
Road and provide and eastbound right turn lane on Gordon Road at the site access.
At site access provide an internal protected stem, north bound approach a minimum left
turn lane and through-right turn lane.
Nearby Proposed Developments included within the TIA:
Gordon Road Buy Quick
Development Status: 131 lots have been platted at this time. Currently all roadway
improvements have been completed.
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Proposed Development Land Use/Intensity TIA Status
2. Smith Creek Village
Development
318 multi-family units
TIA approved February 7,
2019
2020 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
A revision of the signal plan at US HWY 117/NC132 (North College Road) and I-40.
At site access construction of a right in right out only access and stop control for egress
traffic.
Gordon Road and Blount Drive, construction of a westbound and southbound turn lanes.
Revision of signal plan at Gordon Road and Blount Drive.
Nearby Proposed Developments included within the TIA:
The Landing at Lewis Creek Estates Subdivision
Development Status: Completed, Currently All Roadway Improvements Have Been
Completed.
SCHOOLS
Students generated from this development would be assigned
to Blair Elementary, Trask Middle, and New Hanover High schools. Students may apply to
attend public magnet, year-round elementary, or specialty high schools.
422 dwelling units are permitted under the current (CUD) R-15 zoning, and 440 dwelling units
would be allowed under the proposed modification, for an increase of 18 dwellings.
Based on average student generation rates,* there are an average of 0.24 public school
students (0.11 elementary, 0.05 middle, and 0.08 high) generated per dwelling unit across
New Hanover County. The proposed modification can be estimated to generate 4
(2 elementary, 1 middle, and 1 high) more students than currently allowed.
Intensity Estimated Student Generation
Existing Development: 422 residential units Total: 101
(45 elementary, 23 middle, 33 high)
Proposed Development: 440 residential units Total: 105
(47 elementary, 24 middle, 34 high)
Net change: + 4 students (2 elementary, 1 middle, 1 high)
*Average student generation rates are calculated by dividing the projected New Hanover County public school student
enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. While different
housing types and different locations typically yield different numbers of students, these average generation rates can
provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which
includes students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear,
and SeaTECH.
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School Enrollment* and Capacity**—2021-2022 Estimates
Level
Total NHC
%
Capacity School
Enrollment of
Assigned
School
Capacity of
Assigned
School w/
Portables
% of Capacity
of Assigned
School
Funded
Capacity
Upgrades
Elementary 97% Blair 526 554 95% None
Middle 107% Trask 717 662 108% None
High 105% New Hanover 1,532 1,648 93% None
*Enrollment is based on projected New Hanover County Schools enrollment for the 2020-2021 school year.
**Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year and are
based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements
unique to a particular school. These may include exceptional children’s classrooms beyond the original building design;
classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn’t
specifically designed with those spaces.
ENVIRONMENTAL
The southern portion of the property contains Special Flood Hazard Areas along Smith
Creek. These flood areas include an AE floodway, AE flood zone (100-year floodplain),
and Shaded X flood zone (500-year floodplain), however, the proposed 18 additional
single-family dwellings are not located within any flood zones.
The property contains regulated wetlands and access to the 18 dwelling units will require
wetland crossing and impact permits from the U.S. Army Corps of Engineers. Most of the
wetlands area is located in the southern portion of property along Smith Creek. These
wetlands adjacent to Smith Creek are subject to the county’s conservation resources
standards.
The property is not located within a Natural Heritage Area.
The subject property is within the Smith Creek (SA;HQW) watershed.
Soils on the property consist of Class II (moderate limitation), Class III (severe limitation)
and Class IV (unsuitable) soils, however, this project must install public water and sewer
service in accordance with the standards for Additional Dwelling Allowance developments
and CFPUA.
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CONTEXT AND COMPATIBILITY
The subject property is located just east of the intersection of 1-40 and Gordon Road.
The proposed addition is interior to an existing partially developed neighborhood. This
phase is proposed to be built by the same developer and it is located in an area with a
mixture of single-family homes and townhomes.
Representative Developments of R-15 with Additional Dwelling Allowance:
The Landing at Lewis Creek Estates The Landing at Lewis Creek Estates
Townhomes Adjacent to Subject Site Townhomes Adjacent to Subject Site
Single-Family Homes Adjacent to Subject Site
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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.
Analysis
The proposed expansion is located in the existing Landing at Lewis Creek
Estates subdivision which is located along Gordon Road just east of the I-40
and Gordon Road interchange. The area where the additional homes are
proposed abuts a property used for a wireless telecommunications tower
and two vacant, residential-zoned properties.
The subject property is designated as Urban Mixed Use in the
Comprehensive Plan, which supports a mix of uses at moderate- to high-
intensities, including moderate- to high-density residential uses. The plan’s
intent is to allow more commercial options and higher residential densities in
this area in order to take advantage of the proximity to nearby basic goods
and services and to help reduce long travel distances and associated levels
of traffic along Gordon Road and surrounding streets.
During review of the existing Special Use Permit in 2017, the Board of
Commissioners determined that the densities and housing types included in
the Landing at Lewis Creek Estates subdivision were appropriate for this
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area because the project could provide affordable workforce housing. They
also found that it increases the probability that commercial land uses would
be developed on vacant land within the nearby area, thereby contributing
to the mixed-use development pattern promoted by the plan.
The proposed modification expands the residential use that currently exists
on the site. It would allow for 18 new single-family lots, which would increase
the total density (including existing units) from 4.95 units per acre to 5.15
units per acre. This is within the residential density range of approximately
16+ units per acre that is outlined for the Urban Mixed Use place type and
the moderate- to high-densities recommended for Urban Mixed Use areas.
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of
fact and conclusions are based solely on the information provided to date, prior to any information
or testimony in support or opposition to the request that may be presented at the upcoming public
hearing at the Board meeting.
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. The site is accessed from Gordon Road, a minor arterial street.
B. Water and sewer services will be provided and designed in accordance with CFPUA’s
standards.
C. The subject property is located in the New Hanover County Northern Fire Service District.
D. The 18 additional single-family dwellings are not located within any flood zones and are
not located within any Special Flood Hazard Area.
E. A Traffic Impact Analysis (TIA) was completed for the proposed development in 2017 and
approved by the WMPO and NCDOT. The applicant has completed the required traffic
improvements including signal installation, light timing adjustments, and turn lane
modifications.
Finding 2: The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The site is zoned (CUD)R-15, Residential District with an Additional Dwelling Allowance
Special Use Permit that allows a maximum of 422 dwelling units.
B. The site plan has been reviewed by the Technical Review Committee and complies with all
applicable technical standards including Unified Development Ordinance (UDO) Section
3.1.3.E.1: Additional Dwelling Allowance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The surrounding area contains similar residential uses.
B. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
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Finding 4: The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County.
A. The 2016 Comprehensive Plan classifies the area proposed for the development as Urban
Mixed Use, and the proposal aligns with the intent of this land use classification. The
proposal provides housing at densities consistent with what is encouraged in this place type
and along with the adjacent land uses, allows for the desired mix of uses.
Existing Conditions
No changes to the existing 2017 Special Use Permit conditions (below) or additional conditions
are proposed.
1. The proposed private right-of-ways shall be open for public use and placed within a public
access easement.
2. Streetscape landscaping and buffering, consistent with that of which is required for high
density developments adjacent to single-family developments, shall be installed around the
multi-family structures to provide a screen from the single-family lots located within the
development.
3. A 20-foot wide access easement shall be dedicated to the County along Smith Creek in
order to allow for the future installation of a multi-use path in accordance with the
Wilmington/NHC Greenway Plan.
4. Five feet of right-of-way shall be dedicated to NCDOT along Gordon Road for the purpose
of allowing for future roadway improvements. This right-of-way dedication shall be in
addition to any right-of-way dedication required as a result of the TIA and driveway
permit.
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]
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 Unified Development 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]