HomeMy WebLinkAbout2021-11 PB AGENDA PACKET NEW HANOVER COUNTY
PLANNING BOARD AGENDA
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301 Wilmington, NC 28401
Members of the Board
Jeffrey P Petroff, Chair | Donna Girardot, Vice-Chair
Paul Boney | Hansen Matthews | Jeffrey Stokley Jr. | H. Allen Pope | Colin J. Tarrant
Rebekah Roth, Director| Ken Vafier, Planning Manager
NOVEMBER 4, 2021 6:00 PM
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substantial changes in these petitions as a result of objections,
debate, and discussion at the meeting, including rezoning to other classifications.
1 Public Hearing
Request by Cindee Wolfe with Design Solutions, applicant, on behalf of the property owner,
Coastal Carolina Car Wash, LLC, to rezone approximately 1.15 acres of land located at 6016 &
6100 Castle Hayne Road from B-2, Regional Business District, & R-15, Residential District to
(CZD) B-2, Conditional Regional Business District.
2 Public Hearing
Request by Cindee Wolfe with Design Solutions, applicant, on behalf of the property owner,
Carolyn Faye Barefoot, to rezone approximately 2.23 acres of land located at 137 Spring Road
from AR, Airport Residential District to (CZD) R-15, Conditional R-15 district, Residential District.
3 Request by Frank Pasquale with KFJ Development Group, LLC to amend Articles 3 and 4 of the
Unified Development Ordinance to establish a new zoning district, the Riverfront Urban Mixed-
Use Zoning District.
4 Public Hearing Moved to December 2, 2021 Planning Board Agenda
Rezoning Request (Z21-16) – Request by Frank Pasquale with KFJ Development Group, LLC, on
behalf of Ray Bordeaux with DBDL, LLC, to rezone approximately 8.34 acres of land located at
1100 Point Harbor Road from I-2, Heavy Industrial to, (CZD) RUMXZ, Conditional Riverfront
Urban Mixed-Use Zoning District for a mixed-use development.
TECHNICAL REVIEW COMMITTEE REPORT
1 Discussion Item: Unified Development Ordinance Amendment Concepts
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/4/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Amy Doss, Current Planner
CONTACT(S): Amy Doss; Nicole Smith, Senior Planner; and Rebekah Roth, Planning & Land Use Director
SUBJECT:
Public Hearing
Request by Cindee Wolfe with Design Solu4ons, applicant, on behalf of the property owner, Coastal Carolina Car
Wash, LLC, to rezone approximately 1.15 acres of land located at 6016 & 6100 Castle Hayne Road from B-2,
Regional Business District, & R-15, Residen4al District to (CZD) B-2, Condi4onal Regional Business District.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 1.15 acres from B-2, Regional Business, and R-15, Residen+al to
(CZD) B-2, Condi+onal Regional Business. There will be two structures, one 4,000 square feet and the other 7,000
square feet intended for commercial flex space.
Current R-15 zoning would allow up to 3 dwelling units on the 1.15-acre site at a density of 2.5 du/ac.
Under the proposed condi+onal B-2 zoning, permissible uses on the site would be limited to the following: indoor
recrea+on establishment (e.g., a video arcade or indoor sports gymnasium), repair shop without outdoor ac+vity (e.g.,
a phone or computer repair shop), contractor office without outdoor storage of materials, business or professional
office (e.g., tax services or realtor office), personal services (e.g., barber shop or nail salon), instruc+onal services &
studios (e.g., dance studio, gym class), retail sales, and RV and boat trailer storage.
As currently zoned, it is es+mated the site would generate about 3 trips during the peak hours if developed at the
permi;ed density. The most intensive use allowed under the proposed rezoning would be es+mated to result in an
increase of up to approximately 32 AM peak trips and 72 PM peak trips. proposed development is es+mated to result
in an increase of up to approximately 80 addi+onal peak hour trips as compared to current zoning.
The site is located on a minor arterial road, abuts the Castle Hayne commercial node on 3 sides, and is adjacent to
single family homes to the east on Blossom Street.
The proposed rezoning for CZD B-2 is generally CONSISTENT with the Comprehensive Plan because it will allow for
the types of commercial uses encouraged in the Community Mixed Use place type and would provide lower-intensity
commercial services in a transi+onal area.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth & Economic DevelopmentEncourage development of complete communi+es in the unincorporated
countyCi+zens have daily needs met by NHC businesses and support them
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning Board - November 4, 2021
ITEM: 1
Staff recommends approval of the proposal and suggests the following mo+on:
I move to APPROVE the proposed rezoning to a Condi+onal B-2 district. I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because it will allow for the types of commercial uses that would be
encouraged in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and
in the public interest because the site is located on an arterial street near exis+ng commercial services and the use
would have limited traffic impacts.
Staff Suggested condi+ons:
1. Proposed uses of the flex office space buildings shall be limited to the following:
Indoor Recrea+on Establishment
Repair Shop (no outdoor ac+vity)
Contractor Office (no outdoor storage)
Offices for Private Business and Professional Ac+vi+es
Personal Services (General)
Instruc+onal Services & Studios
Retail Sales (Building and Construc+on Supplies)
General Retail Sales
RV and Boat Trailer Storage
2. An 8’ fence shall be provided along with the required buffer (UDO Table 5.4.3.B.1) where the CZD B-2 abuts
residen+al uses.
Alterna4ve Mo4on for Denial
I move to DENY the proposed rezoning to a Condi+onal B-2 district. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because it would allow for the types of commercial uses that would be
encouraged in the Community Mixed Use place type, 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
intensity will adversely impact the adjacent neighborhoods.
ATTACHMENTS:
Descrip+on
Z21-13 PB Script
Z21-13 PB Staff Report
Z21-13 Zoning Map
Z21-13 Future Land Use Map
Z21-13 Neighboring Properties
Z21-13 Applicant Materials CS
Z21-13 Applicant Package
Z21-13 Amended Limited Use
Z21-13 Proposed Site Plan CS
Z21-13 Site Plan
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 4, 2021
ITEM: 1
SCRIPT for Zoning Map Amendment Application (Z21-13)
Request by Cindee Wolfe with Design Solutions, applicant, on behalf of the property owner, Coastal Carolina
Car Wash, LLC, to rezone approximately 1.15 acres of land located at 6016 & 6100 Castle Hayne Road from B-
2, Regional Business District, & R-15, Residential District to (CZD) B-2, Conditional Regional Business District.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to APPROVE the proposed rezoning to a Conditional B-2 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for
the types of commercial uses that would be encouraged in the Community Mixed Use place
type. I also find APPROVAL of the rezoning request is reasonable and in the public interest
because the site is located on an arterial street near existing commercial services and the use
would have limited traffic impacts.
Staff suggested conditions:
1. Proposed uses of the flex office space buildings shall be limited to the following:
- Indoor Recreation Establishment
- Repair Shop (no Outdoor Activity)
- Contractor Office (no Outdoor Storage)
- Offices for Private Business and Professional Activities
- Personal Services (General)
- Instructional Services & Studios
- Retail Sales (Building and Construction Supplies)
- General Retail Sales
- Outdoor RV and Boat Trailer Storage
2. An 8’ fence shall be provided along with the required buffer (UDO Table 5.4.3.B.1) where the CZD
B-2 abuts residential uses.
Planning Board - November 4, 2021
ITEM: 1 - 1 - 1
Alternative Motion for Denial
I move to DENY the proposed rezoning to a Conditional B-2 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it would allow
for the types of commercial uses that would be encouraged in the Community Mixed Use place
type, 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
intensity will adversely impact the adjacent neighborhoods.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a Conditional 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 [Approval/Denial] of the rezoning request is reasonable and in the public interest
because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - November 4, 2021
ITEM: 1 - 1 - 2
Z21-13 Staff Report PB 11.4.2021 Page 1 of 10
STAFF REPORT OF Z21-13
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z21-13
Request:
Rezone approximately 1.15 acres from B-2, Regional Business, and R-15, Residential to (CZD)
B-2, Conditional Regional Business
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions Coastal Carolina Car Wash, LLC
Location: Acreage:
6016 & 6100 Castle Hayne Road 1.15
PID(s): Comp Plan Place Type:
R01109-004-003-000, R01109-005-001-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped
Two commercial flex space buildings limited
to the following uses:
-Indoor Recreation Establishment
-Repair Shop (no Outdoor Activity)
-Contractor Office (no Outdoor Storage)
-Offices for Private Business and Professional
Activities
-Personal Services (General)
-Instructional Services & Studios
-Retail Sales (Building and Construction
Supplies)
-General Retail Sales
-Outdoor RV and Boat Trailer Storage
Current Zoning: Proposed Zoning:
B-2, Regional Business, & R-15, Residential (CZD) B-2, Conditional Regional Business
Planning Board - November 4, 2021
ITEM: 1 - 2 - 1
Z21-13 Staff Report PB 11.4.2021 Page 2 of 10
SURROUNDING AREA
LAND USE ZONING
North Undeveloped B-2, R-15
East Residential R-15
South Commercial Services B-2, R-15
West
Commercial Services including but not limited to
Dollar General, NHC ABC, HWY 55 Burgers Shakes
& Fries, Coastal Carolina Carwash
B-2
ZONING HISTORY
July 1, 1985 Initially zoned Castle Hayne District
COMMUNITY SERVICES
Water/Sewer
Water services are not available through CFPUA. Currently, sanitary sewer
capacity is available through CFPUA. The applicant is pursuing the extension
of the CFPUA public main line currently stubbed at Castle Hayne Road and
Castle Avenue. This is a joint effort between additional landowners along
the Castle Hayne Road frontage.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Castle Hayne Station
Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools
Recreation Riverside Park
Planning Board - November 4, 2021
ITEM: 1 - 2 - 2
Z21-13 Staff Report PB 11.4.2021 Page 3 of 10
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources.
Historic No known historic resources.
Archaeological No known archaeological resources.
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Includes Staff Markups
• The applicant is proposing to rezone approximately 1.15 acres from B-2, Regional Business,
and R-15, Residential to (CZD) B-2, Conditional Regional Business. There will be two
Planning Board - November 4, 2021
ITEM: 1 - 2 - 3
Z21-13 Staff Report PB 11.4.2021 Page 4 of 10
structures, one 4,000 square feet and the other 7,000 square feet intended for commercial
flex space.
• Under the proposed conditional B-2 zoning, permissible uses on the site would be limited to
the following:
- indoor recreation establishment (e.g., a video arcade or indoor sports
gymnasium)
- repair shop without outdoor activity (e.g., a phone or computer repair shop)
- contractor office without outdoor storage of materials
- business or professional office (e.g., tax services or realtor office)
- personal services (e.g., barber shop or nail salon)
- instructional services & studios (e.g., dance studio, gym class)
- retail sales
- RV and boat trailer storage
• Access to the site is provided by a 30’ access easement through Coastal Carolina Carwash.
As shown on the site plan, parking is located on the Castle Hayne Road corridor side of the
property, away from existing adjacent residential uses.
• The applicant is proposing a buffer along Blossom Street to reduce impacts on adjacent
residents. No access is provided from Blossom Street.
ZONING CONSIDERATIONS
• The subject site is split-zoned B-2, Regional Business, and R-15, Residential. The intent of the
B-2 district is to provide for the appropriate location and design of auto-oriented uses that
meet the needs of the motoring public or that rely on pass-by traffic. The purpose of the R-
15 Residential District is to serve as a transition between very low-density residential
development patterns and smaller lot, more dense residential areas of the County.
• When zoning was initially applied in this area, a strip of B-2 zoning approximately 190
feet in width was established along the eastern side of Castle Hayne Road with the
remainder of the property zoned R-15. The strip of R-15 served as a buffer between
business and residential use. At the time, the few zoning classifications did not allow for
many options for commercial and residential districts, resulting in high intensity commercial
directly abutting low density residential.
• The subject site was previously used as a mobile home park, however that use has since
been discontinued. The R-15 portion and the parcel at 6016 Castle Hayne Road are
currently undeveloped.
• The property is located within the commercial area of Castle Hayne. This area includes
general office, retail, and restaurant uses. Single-family housing surrounds the commercial
area and is located directly east of the property along Blossom Street, an unimproved
public right-of-way.
• While the site is zoned B-2 and R-15, it directly abuts B-2 zoning within the Castle Hayne
commercial node and R-15 to the east.
• Current R-15 zoning would allow up to 3 dwelling units on the 1.15-acre site at a density
of 2.5 du/ac..
Planning Board - November 4, 2021
ITEM: 1 - 2 - 4
Z21-13 Staff Report PB 11.4.2021 Page 5 of 10
• The subject 1.15-acre site is currently part of a parent parcel approximately 2.00 acres in
area. The residual property is not included with this proposal and will remain zoned B-2.
• The proposed site plan would be subject to technical review to ensure compliance with
applicable County and State regulations, including applicable site design and approval
provisions within the UDO.
AREA SUBDIVISIONS UNDER DEVELOPMENT
• The property is not within one mile of any subdivisions under development.
TRANSPORTATION
• Access will be provided to the subject property from Castle Hayne Road, an NCDOT-
maintained minor arterial street, through a 30-foot access easement across the existing
Coastal Carolina Carwash lot.
• The proposed driveway will consist of one egress lane and one ingress lane. A parking lot
cross-access connection will also be provided to the undeveloped portion of the parent
parcel.
• As currently zoned, it is estimated the site would generate about 3 trips during the peak
hours if developed at the permitted density. The most intensive use allowed under the
proposed rezoning would be estimated to result in an increase of up to approximately 32
AM peak trips and 72 PM peak trips.
• The estimated traffic generated from the site is under the 100 peak hour threshold that
triggers the ordinance requirement for a Traffic Impact Analysis (TIA).
• Because a TIA is not required to analyze transportation impacts at this time, Staff has
provided the volume to capacity ratio for the adjacent roadway 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.
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development
under Current Zoning:
3 Single-Family
Dwellings 2 AM / 3 PM
Highest Intensity Under
Proposed Rezoning:
11,000 Square Feet
General Retail Sales 35 AM / 75 PM
Planning Board - November 4, 2021
ITEM: 1 - 2 - 5
Z21-13 Staff Report PB 11.4.2021 Page 6 of 10
NCDOT Average Annual Daily Traffic (AADT) - 2019
Road Location Volume Capacity V/C
Castle Hayne 6100 block 19,494 17,375 1.12 (F)
• Before any development can occur on this site, the Technical Review Committee will review
all plans for compliance with applicable land use regulations, including any recommended
roadway improvements that may be required through the NCDOT Driveway permitting
process.
Nearby Planned Transportation Improvements and Traffic Impact Analyses
• The property is not in range of any planned Transportation Improvement Projects nor Traffic
Impact Analyses.
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or Special Flood Hazard Area.
• The property is within the Holly Shelter Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I soils (suitable/slight limitation).
Planning Board - November 4, 2021
ITEM: 1 - 2 - 6
Z21-13 Staff Report PB 11.4.2021 Page 7 of 10
OTHER CONSIDERATIONS
REPRESENTATIVE DEVELOPMENTS
Representative Developments of R-15:
Page’s Corner in Ogden
Clay Crossing
Planning Board - November 4, 2021
ITEM: 1 - 2 - 7
Z21-13 Staff Report PB 11.4.2021 Page 8 of 10
Representative Developments of B-2:
Context and Compatibility
• The property is located along Castle Hayne Road, which is identified as a Minor Arterial
on the WMPO Functional Classification Map.
• The site abuts the Castle Hayne commercial node on 3 sides and is adjacent to single family
homes to the east on Blossom Street.
• The site plan positions the two commercial buildings to the back of the property near
Blossom Street. There would be no vehicular access to Blossom Street from the site. An 8’
fence shall be provided along with the required buffer (UDO Table 5.4.3.B.1) where the
CZD B-2 abuts existing residential uses.
• The development would have no impact on the school system.
• The business seeking the rezoning owns the existing car wash at 6100 Castle Hayne Road,
at the front of the property.
Planning Board - November 4, 2021
ITEM: 1 - 2 - 8
Z21-13 Staff Report PB 11.4.2021 Page 9 of 10
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.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Analysis
The subject property is located in a transitional area near the Castle Hayne
commercial services node and, ideally would provide for the needs of
adjacent residential neighborhoods. The Comprehensive Plan classifies
properties along the Castle Hayne Road corridor as Community Mixed Use.
It is the intent of the plan to allow for the continued growth of this node with
commercial services and moderate density residential development while
also providing a transition between the lower density housing to the east
and the high intensity Castle Hayne Road Corridor.
The subject site’s location on the boundary of the existing commercial node
makes it appropriate for lower intensity commercial uses that will help
provide that transition, such as the limited number of uses proposed for the
flex commercial space. The proposed project can provide lower-intensity
commercial services for nearby residents as well as commuters since Castle
Hayne Road is an important commuter route to and from Pender County.
Planning Board - November 4, 2021
ITEM: 1 - 2 - 9
Z21-13 Staff Report PB 11.4.2021 Page 10 of 10
In addition, the proposed development will allow for the types of
commercial uses that would be appropriate in a Community Mixed Use
place type and would provide services to the surrounding community.
Consistency
Recommendation
The proposed rezoning for CZD B-2 is generally CONSISTENT with the
Comprehensive Plan because it will allow for the types of commercial uses
encouraged in the Community Mixed Use place type and would provide
lower-intensity commercial services in a transitional area.
STAFF RECOMMENDATION
Staff recommends approval of the proposal and suggests the following motion:
I move to APPROVE the proposed rezoning to a Conditional B-2 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it will
allow for the types of commercial uses that would be encouraged in the Community
Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable
and in the public interest because the site is located on an arterial street near existing
commercial services and the use would have limited traffic impacts.
Staff Suggested Conditions:
1. Proposed uses of the flex office space buildings shall be limited to the following:
- Indoor Recreation Establishment
- Repair Shop (no Outdoor Activity)
- Contractor Office (no Outdoor Storage)
- Offices for Private Business and Professional Activities
- Personal Services (General)
- Instructional Services & Studios
- Retail Sales (Building and Construction Supplies)
- General Retail Sales
- Outdoor RV and Boat Trailer Storage
2. An 8’ fence shall be provided along with the required buffer (UDO Table 5.4.3.B.1) where
the CZD B-2 abuts residential uses.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a Conditional B-2 district. While I find it to
be CONSISTENT with the purposes and intent of the Comprehensive Plan because it
would allow for the types of commercial uses that would be encouraged in the
Community Mixed Use place type, 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 intensity will adversely impact the
adjacent neighborhoods.
Planning Board - November 4, 2021
ITEM: 1 - 2 - 10
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SC RA R-20 UMXZ
O&I R-20S
Zoning Districts
CZD B-2B-2 & R-15
Commercial & Undeveloped
6010, 6016, 6100
Castle Hayne Road
Z21-13
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
525
Feet
Subject Site
Planning Board - November 4, 2021
ITEM: 1 - 3 - 1
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COMMERCE ZONE
Place Types
CZD B-2B-2 & R-15
Commercial & Undeveloped
6010, 6016, 6100
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Z21-13
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
525
Feet
Subject Site
Planning Board - November 4, 2021
ITEM: 1 - 4 - 1
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New Hanover County, NC
CASTLEHAYNERD
I-40
HOLLY SHELTER RD
Site
CZD B-2B-2 & R-15
Commercial & Undeveloped
6010, 6016, 6100
Castle Hayne Road
Z21-13
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
525
Feet
Subject Site
Planning Board - November 4, 2021
ITEM: 1 - 5 - 1
APPLICANT
MATERIALS
Planning Board - November 4, 2021
ITEM: 1 - 6 - 1
Page 1 of 6
Conditional Zoning District Application – Updated 12-2020
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
CONDITIONAL ZONINGAPPLICATION
This application form must be completed as part of a conditional zoning application submitted through the county’s
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.3 of the Unified Development Ordinance.
Public Hearing Procedures
(Optional)
Pre-Application Conference
1
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Hearing &
Recom-
mendation
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
1.Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
Cindee Wolf
Design Solutions
P.O. Box 7221
Wilmington, NC 28406
910-620-2374
cwolf@lobodemar.biz
Coastal Carolina Car Wash, LLC
1202 N. Lake Park Blvd.
Carolina Beach, NC 28428
910-443-6424 (Contact: Matt Murphy)
matt@secofconstruction.com
Planning Board - November 4, 2021
ITEM: 1 - 7 - 1
Page 2 of 6
Conditional Zoning District Application – Updated 12-2020
2.Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification
3.Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: Total Acreage of Proposed District:
Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the
district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the
corresponding General Use District are eligible for consideration within a Conditional Zoning District.
4.Proposed Condition(s)
Note: 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.
p/o
Community Mixed-Use
CZD / B-2
323213.23.3046 & p/o 323213.22.2956
B-2 & R-15 2.00 ac. +/-
6016 & 6100 Castle Hayne Road
The development proposes 11,000 square feet of commercial rental space, generally referred to as"Flex Units." The users are generally interested in a smaller area of office space with provision forinterior storage with an accessible garage door in the rear of the building. Customer traffic is limited,so parking facilities are minimized.
Reference the attached "Concept Plan" for site layout, proposed improvements and details. The projectwill have no access - neither vehicular nor pedestrian - to Blossom Street. The entire perimeter of theproject, excepting the access drive, will be surrounded by an 8'-high screening fence to both secure the facility and to provide buffering to the surrounding properties. Proposed uses will be limited to:
* Indoor Recreation Establishment* Repair Shop (with no outdoor activity)* Contractor Office (with no outdoor stoarge of materials)* Offices for Private Business & Professional Activities* Personal Services, General* Retail Sales, Building & Constuction Supplies* Retail Sales, General* Outdoor RV & Boat Trailer Storage
1.15 ac. +/-
Planning Board - November 4, 2021
ITEM: 1 - 7 - 2
Page 3 of 6
Conditional Zoning District Application – Updated 12-2020
5.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 Traffic 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:
6.Conditional Zoning District Considerations
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified
Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for
use with transitions between zoning districts of 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
Zoning district meets the following criteria.
1.How would the requested change be consistent with the County’s policies for growth and development, as
described in the 2016 Comprehensive Plan, applicable small area plans, etc.
The policies for growth and development encourage continued efforts to maintain existing
businesses, and attract new ones. Castle Hayne is transitioning into a more active town.
The property is along a commercial corridor where business activities are most convenient.
Sustainability of the County depends on sensible in-fill and maximizing land use already
accessbile to services.
17 16
Commercial Flex Space / ** Highest trip generator use would probably be General Office (ITE / 710)
11,000 s.f. / Based on KSF
Planning Board - November 4, 2021
ITEM: 1 - 7 - 3
Page 4 of 6
Conditional Zoning District Application – Updated 12-2020
2.How would the requested Conditional Zoning district be consistent with the property’s classification on the
2016 Comprehensive Plan’s Future Land Use Map.
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?
The subject property is split-zoned by an existing business district with a car wash. Residential use onthe property to the rear would no longer be appropriate or attractive. Extending the zoning, but withspecific uses and a plan under a Conditional District, protects adjacent properties, and can serveas a transition.
The tract is identified in the Comprehensive Land Use Plan as a "Community Mixed-Use" place-type.The plan suggests higher densities or more intensive uses to support the sourrounding residentialneighborhoods. The proposed project is an acceptable transition use along the busy road corridor.
Planning Board - November 4, 2021
ITEM: 1 - 7 - 4
Page 5 of 6
Conditional Zoning District Application – Updated 12-2020
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as
“N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review;
Staff will confirm if an application is complete within five business days of submittal.
Application Checklist Applicant Initial
This application form, completed and signed
Application fee:
x $600 for 5 acres or less
x $700 for more than 5 acres
x $300 in addition to base fee for applications requiring TRC review
Community meeting written summary
Traffic impact analysis (if applicable)
Legal description (by metes and bounds) or recorded survey Map Book and Page
Reference of the property requested for rezoning
Conceptual Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
x Proposed use of land, building areas and other improvements
o For residential uses, include the maximum number, height, and type
of units; area to be occupied by the structures; and/or proposed
subdivision boundaries.
o For non-residential uses, include the maximum square footage and
height of each structure, an outline of the area structures will
occupy, and the specific purposes for which the structures will be
used.
x Proposed transportation and parking improvements; including proposed
rights-of-way and roadways; proposed access to and from the subject site;
arrangement and access provisions for parking areas.
x All existing and proposed easements, required setbacks, rights-of-way, and
buffers.
x The location of Special Flood Hazard Areas.
x A narrative of the existing vegetation on the subject site including the
approximate location, species, and size (DBH) of regulated trees. For site
less than 5 acres, the exact location, species, and sized (DBH) of specimen
trees must be included.
x Approximate location and type of stormwater management facilities
intended to serve the site.
x Approximate location of regulated wetlands.
x Any additional conditions and requirements that represent greater
restrictions on development and use of the tract than the corresponding
general use district regulations or additional limitations on land that may be
regulated by state law or local ordinance
One (1) hard copy of ALL documents and site plan. Additional hard copies may be
required by staff depending on the size of the document/site plan.
One (1) digital PDF copy of ALL documents AND plans
CW
CW
CW
CW
CW
CW
CW
N/A
Planning Board - November 4, 2021
ITEM: 1 - 7 - 5
Planning Board - November 4, 2021
ITEM: 1 - 7 - 6
Planning Board - November 4, 2021
ITEM: 1 - 7 - 7
Planning Board - November 4, 2021
ITEM: 1 - 7 - 8
Planning Board - November 4, 2021
ITEM: 1 - 7 - 9
Legal Description for
Conditional Zoning District
Over p/o 6016 & p/o 6100 Castle Hayne Road
Beginning at a point located South 80050’00” East, 180.00 feet from a point in the eastern
boundary of Castle Hayne Road (NC. Hwy. 117), a 50’ public right‐of‐way, formerly known as
Peachtree Street, and recorded among the land records of the New Hanover County Registry in
Map Book 48 / 150; said point being located South 09010’00” West, 611.00 feet from its
intersection with the southern boundary of Vine Street, a 50’ public right‐of‐way; and running
thence from the point of beginning:
South 80050’00” East, 150.00 feet to a point in the western boundary of Blossom Street, a 50’
public right‐of‐way; thence with that boundary,
South 09010’00” West, 314.00 feet to a point; thence
North 80050’00” West, 165.00 feet to a point; thence
North 09010’00” East, 185.00 feet to a point; thence
South 80050’00” East, 15.00 feet to a point; thence
North 09010’00” East, 129.00 feet to the point and place of beginning, containing 49,875
square‐feet (1.15 acres), more or less.
Planning Board - November 4, 2021
ITEM: 1 - 7 - 10
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Project Name: Coastal Carolina Flex / 6100 Castle Hayne Road
Proposed Zoning: B-2 & R-15 to (CZD) B-2
The undersigned hereby certifies that written notice of a community meeting on the above
zoning application was given to the adjacent property owners set forth on the attached list by
first class mail, and provided to the Planning Department for notice of the Sunshine List on
September 7, 2021 . A copy of that written notice and a list of recipients are attached.
Subsequently, one of the recipients objected to the venue and offered the community
clubhouse as an alternative. Another mailing was made for the updated location. It is also
attached.
The meeting was held at the following time and place: Wednesday, September 22, 2021
6:00 p.m.; at Shelter #2 of the Northern Regional Park, 4700 Old Avenue, Castle Hayne
The persons in attendance at the meeting were: Reference attached sign-in List.
The following issues were discussed at the meeting: A presentation was given on the
proposed project, how it relates to the 2008 Castle Hayne Land Use Plan and now the
New Hanover County Comprehensive Plan, and the particulars about Conditional Zoning
Districts. The primary concern was over impacts to the residents along Blossom Street.
It was explained that there was no access – neither vehicular nor pedestrian – proposed
From the project. An 8’-high screening fence will surround the project.
As a result of the meeting, the following changes were made to the petition: None
Date: September 28, 2021
Applicant: Design Solutions
By: Cindee Wolf
Planning Board - November 4, 2021
ITEM: 1 - 7 - 11
Planning Board - November 4, 2021
ITEM: 1 - 7 - 12
Planning Board - November 4, 2021
ITEM: 1 - 7 - 13
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Adjacent Owners within 500' Perimeter of 6100 Castle Hayne Road:
OWNERMAILING ADDRESSCITY / STATE / ZIP SITUS LOCATION
1215 HILLSBOROUGH STREET LLC 3337 RIDGECREST CT RALEIGH, NC 27607 6001 CASTLE HAYNE RD CASTLE HAYNE
BELLSOUTH TELECOMMUNICATIONS1155 PEACHTREE ST NE STE 14H02 ATLANTA, GA 30309 5915 ORANGE ST CASTLE HAYNE
BENNETT RESIDENTIAL PROP LLC6601 MYRTLE GROVE RD WILMINGTON, NC 284096004 CASTLE HAYNE RD CASTLE HAYNE
BENNETT RESIDENTIAL PROP LLC6601 MYRTLE GROVE RD WILMINGTON, NC 284096008 CASTLE HAYNE RD CASTLE HAYNE
EMC 3 LLC2108 BULL RUN DR APEX, NC 27539 6000 BLOSSOM ST CASTLE HAYNE
GEE MEGAN E ETAL 6200 BLOSSOM ST CASTLE HAYNE, NC 28429 6200 BLOSSOM ST CASTLE HAYNE
GIRON CONSTRUCTION EXTERIOR LLC3 PECKHAM CT CASTLE HAYNE, NC 28429 6107 CASTLE HAYNE RD CASTLE HAYNE
HECTOR LEONA J HRS6117 CASTLE HAYNE RD CASTLE HAYNE, NC 28429 6117 CASTLE HAYNE RD CASTLE HAYNE
HECTOR LEONA J HRS6117 CASTLE HAYNE RD CASTLE HAYNE, NC 28429 6117 CASTLE HAYNE RD CASTLE HAYNE
HORRELL BRENDA KPO BOX 66CASTLE HAYNE, NC 28429 5916 BLOSSOM ST CASTLE HAYNE
HUMBLES BETTY JEAN5 CASTLE AVE CASTLE HAYNE, NC 28429 5900 BLOSSOM ST CASTLE HAYNE
HUMBLES BETTY JEAN5 CASTLE AVE CASTLE HAYNE, NC 28429 5 CASTLE AVE CASTLE HAYNE
LOREK LOUISE T HRS4115 CAPE LANDING RD CASTLE HAYNE, NC 28429 5901 CASTLE HAYNE RD CASTLE HAYNE
MCCLURE MEMORIAL PRESBYTERIANPO BOX 246CASTLE HAYNE, NC 28429
MCCLURE MEMORIAL PRESBYTERIANPO BOX 246CASTLE HAYNE, NC 28429 5908 CASTLE HAYNE RD CASTLE HAYNE
MEYER LORETTA D LIFE ESTATE 6201 CASTLE HAYNE RD CASTLE HAYNE, NC 28429 6201 CASLTE HAYNE RD CASTLE HAYNE
MEYER LORETTA DANKO LIFE EST 6201 CASTLE HAYNE RD CASTLE HAYNE, NC 28429 6129 CASTLE HAYNE RD CASTLE HAYNE
NC DEPT OF TRANSPORTATION3113 KERR AVE NWILMINGTON, NC 28405
NEW HANOVER COUNTY ABC BOARDPO BOX 3036 WILMINGTON, NC 284026015 CASTLE HAYNE RD CASTLE HAYNE
NINE MILES NORTH LLC300 CORAL DR WRIGHTSVILLE BEACH, NC 28480 6200 CASTLE HAYNE RD CASTLE HAYNE
NINE MILES NORTH LLC300 CORAL DR WRIGHTSVILLE BEACH, NC 28480 6201 CASTLE HAYNE RD CASTLE HAYNE
NINE MILES NORTH LLC300 CORAL DR WRIGHTSVILLE BEACH, NC 28480 6118 CASTLE HAYNE RD CASTLE HAYNE
NINE MILES NORTH LLC300 CORAL DR WRIGHTSVILLE BEACH, NC 28480 6118 CASTLE HAYNE RD CASTLE HAYNE
NUNALEE ELEANOR6208 BLOSSOM ST CASTLE HAYNE, NC 28429 6206 BLOSSOM ST CASTLE HAYNE
NUNALEE ELEANOR M6208 BLOSSOM ST CASTLE HAYNE, NC 28429 6208 BLOSSOM ST CASTLE HAYNE
PARKER LARRY J SANDRA T 4937 INDIAN CORN TRL CASTLE HAYNE, NC 28429 6205 ORANGE ST CASTLE HAYNE
PERMENTER BERTHA H LIFE ESTATE 3112 SHADOW POND TER WINTER GARDEN, FL 347876017 ORANGE ST CASTLE HAYNE
RTM LANDSCAPES INC 8817 SAWMILL CREEK LN WILMINGTON, NC 284116101 CASTLE HAYNE RD CASTLE HAYNE
RWH PROPERTIES LLCPO BOX 1489WRIGHTSVILLE BEACH, NC 28480 6101 CASTLE HAYNE RD CASTLE HAYNE
SANCHEZ CARMELA R ETAL 6011 ORANGE ST CASTLE HAYNE, NC 28429 6011 ORANGE ST CASTLE HAYNE
SCHWARTZ KATHARINA B HRS 1045 FAYETTEVILLE AVE CALABASH, NC 28467 6010 CASTLE HAYNE RD CASTLE HAYNE
SEWELL RICHARD A 80 GANDER LN ROCKY POINT, NC 28457 6000 CASTLE HAYNE RD CASTLE HAYNE
SUTTON JEFFREY HEIRS ETAL PO BOX 577CASTLE HAYNE, NC 28429 3 CASTLE AVE CASTLE HAYNE
SUTTON JEFFREY HEIRS ETAL PO BOX 577CASTLE HAYNE, NC 28429 5900 CASTLE HAYNE RD CASTLE HAYNE
TF HOLDINGS LIMITED PTNRP6336 OLEANDER DR #1WILMINGTON, NC 284036205 BLOSSOM ST CASTLE HAYNE
TRYER PAMELA 6115 ORANGE ST CASTLE HAYNE, NC 28429 6115 ORANGE ST CASTLE HAYNE
TRYER PAMELA 6115 ORANGE ST CASTLE HAYNE, NC 28429 6115 ORANGE ST CASTLE HAYNE
VANN ERIC LEE1828 OAKLEY RD CASTLE HAYNE, NC 28429 6005 ORANGE ST CASTLE HAYNE
VANN LORRIE WILLIAMS WILLIAM C6101 ORANGE ST CASTLE HAYNE, NC 28429 CASTLE HAYNE
VANN LORRIE WILLIAMS WILLIAM C6101 ORANGE ST CASTLE HAYNE, NC 28429 6101 ORANGE ST CASTLE HAYNE
Planning Board - November 4, 2021
ITEM: 1 - 7 - 15
September 7, 2021
To: Adjacent Property Owners
Re: Coastal Carolina Business Park
The Owners of land at 6100 Castle Hayne Road are interested in developing a commercial center behind the
existing car wash. This property is within the proximity of your property. This proposal would require a
Conditional Zoning District approval from New Hanover County.
A Conditional Zoning District allows particular uses to be established only in accordance with specific
standards & conditions pertaining to each individual development project. Essentially, this means that only
the use, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed.
The County requires that the developer hold a meeting for all property owners within 500 feet of the tract
boundary, and any other interested parties. This provides neighbors with an opportunity for explanation of
the proposal and for questions to be answered concerning project improvements, benefits and impacts.
A meeting will be held on Wednesday, September 22st, at Shelter #2 of the Northern Regional Park, 4700 Old
Avenue, Castle Hayne, 6:00 p.m. The location is left from Old Avenue, towards the tennis courts.
If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910‐620‐2374, or
email cwolf@lobodemar.biz with comments and/or questions.
We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the
community.
Planning Board - November 4, 2021
ITEM: 1 - 7 - 16
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Page 2of 6
Conditional Zoning DistrictApplication–Updated12-2020
2.Subject Property Information
Address/LocationParcel Identification Number(s)
Total Parcel(s) AcreageExisting Zoning and Use(s)Future Land Use Classification
3.Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District:Total Acreage of Proposed District:
Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the
district, and a project narrative (attach additional pagesif necessary). Note: Only uses permittedin the
corresponding General Use District are eligible for consideration within a Conditional Zoning District.
4.Proposed Condition(s)
Note: 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.
p/o
Community Mixed-Use
CZD / B-2
323213.23.3046 & p/o 323213.22.2956
B-2 & R-15 2.00 ac. +/-
6016 & 6100 Castle Hayne Road
The development proposes 11,000 square feet of commercial rental space, generally referred to as"Flex Units." The users are generally interested in a smaller area of office space with provision forinterior storage with an accessible garage door in the rear of the building. Customer traffic is limited,so parking facilities are minimized.
1.15 ac. +/-
Reference the attached "Concept Plan" for site layout, proposed improvements and details. The projectwill have no access - neither vehicular nor pedestrian - to Blossom Street. The entire perimeter of theproject, excepting the access drive, will be surrounded by an 8'-high screening fence to both secure the facility and to provide buffering to the surrounding properties. Proposed uses will be limited to:
* Indoor Recreation Establishment* Repair Shop (with no outdoor activity)* Contractor Office (with no outdoor stoarge of materials)* Offices for Private Business & Professional Activities* Personal Services, General* Retail Sales, Building & Constuction Supplies* Retail Sales, General* Outdoor RV & Boat Trailer Storage* Instructional Services & StudiosOutdoor RV & Boat Trailer Stora
Instructional Services & Studios
Planning Board - November 4, 2021
ITEM: 1 - 8 - 1
PROPOSED
SITE PLAN
Planning Board - November 4, 2021
ITEM: 1 - 9 - 1
Planning Board - November 4, 2021ITEM: 1- 10 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/4/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Ron Meredith, Current Planner
CONTACT(S): Ron Meredith; Nicole Smith, Senior Planner; and Rebekah Roth, Planning & Land Use Director
SUBJECT:
Public Hearing
Request by Cindee Wolfe with Design Solu4ons, applicant, on behalf of the property owner, Carolyn Faye
Barefoot, to rezone approximately 2.23 acres of land located at 137 Spring Road from AR, Airport Residen4al
District to (CZD) R-15, Condi4onal R-15 district, Residen4al District.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 2.23 acres from AR to (CZD) R-15. The applicant is seeking to
construct a 5-lot single-family subdivision. As currently designed, the proposal will comply with the County’s standards
for a minor subdivision and will meet the conven2onal R-15 district dimensional standards. No internal subdivision
roads are planned to be constructed. The applicant’s proposal will have direct access to the exis2ng Spring Road, which
is state-maintained. The applicant has agreed to a condi2on which states housing types in the development shall be
limited to single-family detached. While the site is currently zoned AR, the adjacent parcels have similar lot dimensions
as the applicant’s proposal.
Adjacent zoning includes Airport Residen2al (AR), Airport Commerce (AC), and R-15, residen2al district. The AR district
in this area was established in 1974. At the 2me, the purpose of the AR district was to promote low density housing in
the vicinity of the Airport and discourage uses which tend to concentrate large numbers of people like schools,
hospitals, and rest homes.
The es2mated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance
requirement for a Traffic Impact Analysis (TIA).
Based on the current general student genera2on rate, the increase in homes would result in approximately 1 addi2onal
student than would be generated under current zoning. The general student genera2on rate provides only an es2mate
of an2cipated student yield as different forms of housing at different price points yield different numbers of students.
Please refer to the schools sec2on included in this report for addi2onal informa2on on school enrollment and
capacity.
The rezoning will result in three addi2onal lots, which are expected to have minimal impact on the surrounding areas.
According to the applicant, the proposed lots sizes will meet the conven2onal R-15 district standards. The proposed lot
sizes and single-family housing type are similar to exis2ng development in the adjacent neighborhood of Sedgefield.
The proposed (CZD) R-15 rezoning is generally CONSISTENT with the Comprehensive Plan because it allows the types
of uses recommended in the General Residen2al place type, is iden2fied as a typical zoning category in this place type,
and is consistent with the exis2ng development pa@ern of the surrounding area.
Planning Board - November 4, 2021
ITEM: 2
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth & Economic DevelopmentEncourage development of complete communi2es in the unincorporated
countyEnsure NHC has appropriate housing to support business growth
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of this applica2on and suggests the following mo2on:
I move to APPROVE the proposed rezoning to a Condi2onal R-15, 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 residen2al housing
densi2es outlined for General Residen2al areas. I also find APPROVAL of the rezoning request is reasonable and in
the public interest because the proposal is consistent with the exis2ng development pa@ern of the surrounding area.
Staff suggested condi2on: Housing types in the development shall be limited to single-family detached.
Alterna4ve Mo4on for Denial
I move to DENY the proposed rezoning to a Condi2onal R-15, 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 residen2al housing
densi2es outlined for General Residen2al areas, I find DENIAL of the rezoning request is reasonable and in the public
interest because the proposal will adversely impact the adjacent neighborhoods.
ATTACHMENTS:
Descrip2on
Z21-14 PB Script PB
Z21-14 Staff Report Final
Z21-14 Zoning Map
Z21-14 Future Land Use Map
Z21-14 Neighboring Properties
Applicant Materials CS
Z21-14 Applicant Package
Z21-14 Site Plan CS
Z21-14 Site Plan
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 4, 2021
ITEM: 2
SCRIPT for Zoning Map Amendment Application (Z21-14)
Request by Cindee Wolfe with Design Solutions, applicant, on behalf of the property owner, Carolyn Faye
Barefoot, to rezone approximately 2.23 acres of land located at 137 Spring Road from AR, Airport Residential
District to (CZD) R-15, Conditional R-15 district, Residential District.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to APPROVE the proposed rezoning to a Conditional R-15, 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 residential housing densities outlined for General Residential areas. I
also find APPROVAL of the rezoning request is reasonable and in the public interest because
the proposal is consistent with the existing development pattern of the surrounding area.
Staff suggested condition:
1. Housing types in the development shall be limited to single-family detached.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a Conditional R-15, 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 residential housing densities outlined for General Residential areas, I
find DENIAL of the rezoning request is reasonable and in the public interest because the
proposal will adversely impact the adjacent neighborhoods.
Planning Board - November 4, 2021
ITEM: 2 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a Conditional R-15, 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 4, 2021
ITEM: 2 - 1 - 2
Z21-14 Staff Report PB 11.4.2021 Page 1 of 16
STAFF REPORT FOR Z21-14
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z21-14
Request:
Rezone 2.23 acres from AR Residential to (CZD) R-15, Residential
Applicant: Property Owner(s):
Cindee Wolfe with Design Solutions Carolyn Faye Barefoot
Location: Acreage:
137 Spring Road 2.23 acres
PID(s): Comp Plan Place Type:
R04107-002-006-000 General Residential & Conservation
Existing Land Use: Proposed Land Use:
Undeveloped 5-lot single-family residential development
Current Zoning: Proposed Zoning:
AR, Airport Residential (CZD) R-15, Conditional R-15 district
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential (Sedgefield) AR
East Single-Family Residential (Sedgefield), Undeveloped AR, AC
South Single-Family Residential, Undeveloped R-15
West Single-Family Residential AR
Planning Board - November 4, 2021
ITEM: 2 - 2 - 1
Z21-14 Staff Report PB 11.4.2021 Page 2 of 16
ZONING HISTORY
October 4, 1976 Initially zoned AR (Area Airport)
COMMUNITY SERVICES
Water/Sewer Water and sanitary sewer service are available through the CFPUA.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Wrightsboro Station.
Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High
Schools
Recreation Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
PROPOSED CONCEPTUAL SITE PLAN
• The applicant is proposing to rezone approximate 2.23 acres from AR to (CZD) R-15 to
construct a 5-lot single-family subdivision.
• As currently designed, the proposal will comply with the County’s standards for a minor
subdivision and will meet the conventional R-15 district dimensional standards.
• No internal subdivision roads are planned to be constructed. The applicant’s proposal will
have direct access to Spring Road which is a state-maintained road.
• The applicant has agreed to a condition which states that the housing types in the
development shall be limited to single family detached.
Planning Board - November 4, 2021
ITEM: 2 - 2 - 2
Z21-14 Staff Report PB 11.4.2021 Page 3 of 16
Applicant’s Conceptual Site Plan with Staff Markups
ZONING CONSIDERATIONS
• The subject site is located in close proximity to the downtown and airport economic hubs,
employment opportunities including GE and N. Kerr Industrial Park, and other regional
destinations. In addition, the site is close to three major transportation corridors: MLK Jr.
Parkway, Interstate 40, and Interstate 140.
• The subject site consists of one parcel bordering the Sedgefield subdivision to the east and
north. Adjacent zoning includes Airport Residential (AR), Airport Commerce (AC), and R-15,
residential district.
• The AR district in this area was established in 1974 after Sedgefield was platted. At the
time, the purpose of the AR district was to promote low density housing in the vicinity of the
Airport and discourage uses which tend to concentrate large numbers of people like schools,
hospitals, and rest homes.
• That applicant has stated that the subject tract is not part of the platted Sedgefield
subdivision.
• While the general area is currently zoned AR, the adjacent parcels have similar lot
dimensions as the applicant’s proposal.
• Dimensional differences for the current AR and proposed R-15 districts are outlined in the
following chart.
Planning Board - November 4, 2021
ITEM: 2 - 2 - 3
Z21-14 Staff Report PB 11.4.2021 Page 4 of 16
Conventional
Subdivision
Dimensional
Standards
AR (Existing) R-15 (Proposed)
Minimum lot size 43,560 sq.ft. (single
family)
15,000 sq.ft (single
family)
Not a permitted Use
(duplex)
25,000 sq. Ft
(duplex)
Minimum Lot Width 100 ft. 80 ft.
Front setback (feet) 25 ft 25 ft
Side Setback (street) 30 ft 15 ft
Side setback (Interior) 20 ft 10 ft
Rear setback 20 ft 20 ft
Performance
Subdivision
Density N/A 2.5 du/ac
• The proposed 5-lot single-family subdivision would be subject to technical review to ensure
compliance with applicable County and State regulations, including applicable site design
and approval provisions within the UDO.
Planning Board - November 4, 2021
ITEM: 2 - 2 - 4
Z21-14 Staff Report PB 11.4.2021 Page 5 of 16
AREA SUBDIVISIONS UNDER DEVELOPMENT
Area Subdivisions Under Development
Planning Board - November 4, 2021
ITEM: 2 - 2 - 5
Z21-14 Staff Report PB 11.4.2021 Page 6 of 16
TRANSPORTATION
Access
• Access will be provided to the subject site by Spring Road, a local street located east of
Castle Hayne Road.
• Before any development can occur on this site, the Technical Review Committee will review
all plans for compliance with applicable land use regulations, including any recommended
roadway improvements that may be required through the NCDOT Driveway permitting
process.
Planning Board - November 4, 2021
ITEM: 2 - 2 - 6
Z21-14 Staff Report PB 11.4.2021 Page 7 of 16
Development Intensity Approx. Peak Hour Trips
Existing Zoning (AR):
2 dwelling units
1 AM/2 PM
Proposed Zoning (CZD) R-15): 5 dwelling units
4 AM / 5 PM
3 dwelling units + 3 AM / + 3 PM
• The estimated traffic generated from the site is under the 100 peak hour threshold that
triggers the ordinance requirement for a Traffic Impact Analysis (TIA).
• Because a TIA is not required, staff has provided the volume to capacity ratio for Castle
Hayne Road and 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.
NCDOT Average Annual Daily Traffic (AADT) - 2019
Road Location Volume Capacity V/C
Castle Hayne Road 2000 Block 17,445 16,803 1.04
Blue Clay Road 2000 Block (south of Fairfield) 10,074 10,978 0.92
Planning Board - November 4, 2021
ITEM: 2 - 2 - 7
Z21-14 Staff Report PB 11.4.2021 Page 8 of 16
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Roadway Projects:
• STIP Project U-5863
o A multi-lane widening project is scheduled along NC-133 (Castle Hayne Road), from
I-140 to SR 1310 (Division Drive).
o The Right-of-Way acquisition is expected to occur in 2025.
• STIP Project U-5954
o Project to construct a roundabout at the intersection of Castle Hayne Road and 23rd
Street.
o Right-of-Way acquisition for the project is scheduled for 2025, with construction to
begin in 2027.
Planning Board - November 4, 2021
ITEM: 2 - 2 - 8
Z21-14 Staff Report PB 11.4.2021 Page 9 of 16
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. Hanover Lakes • 231 single-family
dwellings
• Approved August 13, 2015
• 2018 Build Out Year (per
NCDOT, an update to the TIA
is not required).
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 with 172 lots platted. The
required roadway improvements have been installed.
Proposed Development Land Use/Intensity TIA Status
2. Riverside
• 165 Single-Family
Dwellings
• 72 Multi-Family Units
• TIA approved August 13,
2015
• 2019 Build Out Year
(no update required per
NCDOT)
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Installation of an eastbound right turn lane on Riverside Drive at Castle Hayne Road.
Nearby Proposed Developments included within the TIA:
• River Bluffs
• Trasco Distribution Center
Development Status: Currently under construction. The required roadway improvement has
not been installed at this time.
Planning Board - November 4, 2021
ITEM: 2 - 2 - 9
Z21-14 Staff Report PB 11.4.2021 Page 10 of 16
Proposed Development Land Use/Intensity TIA Status
3. Wrightsboro
Commons • 226 Multi-Family Units
• TIA approved November 28,
2018
• 2023 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Installation of a new signal plan at the intersection of N. Kerr Avenue and Castle Hayne
Road.
Nearby Proposed Developments included within the TIA:
• Riverside
Development Status: The applicant is addressing TRC comments.
Proposed Development Land Use/Intensity TIA Status
4. Preservation Point
(Subject Site)
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 of the 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: The developer is currently in the process of constructing the Phase 1
required roadway improvements. A total of 123 lots have been platted, and site work is
currently underway.
Planning Board - November 4, 2021
ITEM: 2 - 2 - 10
Z21-14 Staff Report PB 11.4.2021 Page 11 of 16
ENVIRONMENTAL
• The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
• The subject property is located within the Smith Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of, Class II (moderate limitations), and Class III (severe limitations) soils.
• According to the applicant there is no evidence of regulated wetlands within the area of
the property to be developed.
OTHER CONSIDERATIONS
SCHOOLS
• Students living in the proposed development would be assigned to Wrightsboro
Elementary, Holly Shelter Middle, and New Hanover High Schools. Students may apply
to attend public magnet, year-round elementary, or specialized high schools.
• Under the current zoning, density would be limited to a maximum of 2 dwelling units. A
maximum of 5 units could be developed under the proposed rezoning.
• Based on the current general student generation rate*, the increase in homes would result
in approximately 1.0 additional students than would be generated under current zoning.
• The general student generation rate provides only an estimate of anticipated student
yield as different forms of housing at different price points yield different numbers of
students. Over the past four years, staff has also seen a decline in the number of students
generated by new development. Student numbers remained relatively stable between
2015 and 2020 (excepting the impacts of COVID-19 pandemic), while 14,500 new
residential units were permitted across the county. In addition, the student population is
anticipated to only grow by approximately 1,300 students over the next 10 years based
on the recent New Hanover County Schools Facility Needs Study.
Development Type Intensity Estimated Student Yield
(current general student generation rate)
Existing Development Undeveloped Approximate**Total: 0.0
(0.0 elementary, 0.0 middle, 0.0 high)
Typical Development under
Current AR Zoning
2 residential
units
Approximate**Total: 0.00
(0.0 elementary, 0.0 middle, 0.0 high)
Typical Development under
Proposed (CZD) R-15 Zoning
5 residential
units
Approximate**Total: 1.0
(1.0 elementary, 0.0 middle, 0.0 high)
*The current general student generation rate was calculated by dividing the projected New Hanover County public school student
enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there are an average of
0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New
Hanover County. These numbers are updated annually and include students attending out-of-district specialty schools, such as
year-round elementary schools, Isaac Bear, and SeaTech.
**Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction
of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result
in student numbers at the elementary, middle, and high school levels not equaling the approximate total.
• Given the size of the proposed development, it may have a build-out date within 5 years,
so staff has outlined existing school capacity to provide a general impact of the potential
Planning Board - November 4, 2021
ITEM: 2 - 2 - 11
Z21-14 Staff Report PB 11.4.2021 Page 12 of 16
impact on public schools. These numbers do not reflect any future capacity upgrades that
may occur over the next five years or trends in student population changes.
School Enrollment* and Capacity** (2021-2022 School Year)
* Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2021-2022 school
year.
**Capacity calculations were determined based on the projected capacities for the 2021-2022 school year, and
funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover
County Schools to the Board of Education in January 2021. This information does not take into account flexible
scheduling that may be available in high school settings, which can reduce the portion of the student body on campus
at any one time.
• The recent facility needs survey that has been prepared by Schools staff indicates that,
based on NC Department of Public Instruction (DPI) student growth projections and school
capacity data, planned facility upgrades, combined with changes to student enrollment
patterns, will result in adequate capacity district wide over the next five years if facility
upgrades are funded.
NEW HANOVER COUNTY STRATEGIC PLAN
• One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to
encourage the development of complete communities in the unincorporated county by
increasing housing diversity and access to basic goods and services.
• The subject property is located in the Wrightsboro community area, where 39% of
residents currently live within one-mile of a convenience need (grocery store, retail
staples, pharmacies, etc.), a support service (urgent care, primary doctor’s office, child
& adult care, etc.), and a community facility (public park, school, museum etc.). The
proposed (CZD) R-15 district, and number of units proposed would increase the number
of residences within one-mile of goods and services.
• The predominant housing type in the area is single family detached at 88%. Under the
proposed (CZD) R-15 district, single family detached housing units would remain the
majority housing type.
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% Wrightsboro 547 564 97% None
Middle 107% Holly Shelter 917 934 98% None
High 105% New
Hanover 1,532 1,648 93% None
Planning Board - November 4, 2021
ITEM: 2 - 2 - 12
Z21-14 Staff Report PB 11.4.2021 Page 13 of 16
REPRESENTATIVE DEVELOPMENTS
Representative Developments of AR:
Representative Developments of R-15
Representative Homes Constructed by the Applicant:
Planning Board - November 4, 2021
ITEM: 2 - 2 - 13
Z21-14 Staff Report PB 11.4.2021 Page 14 of 16
CONTEXT AND COMPATIBILITY
• The rezoning will result in three additional lots, which are expected to have minimal impact
on the surrounding areas.
• According to the applicant, the proposed lots sizes will meet the conventional R-15 district
standards.
• The proposed lot sizes and single-family housing type are similar to existing development
in the adjacent neighborhood of Sedgefield.
• The intent of the R-15 district is to serve as a transition between very low-density residential
development patterns and smaller lot, more dense residential areas of the County.
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 General Residential
Place Type
Descriptions
Focuses on lower density housing ranging up to approximately 8 du/ac,
typically consisting of single-family or duplexes. Types of appropriate uses
include single-family residential, low-density multi-family residential, light
commercial, civic and recreational.
Planning Board - November 4, 2021
ITEM: 2 - 2 - 14
Z21-14 Staff Report PB 11.4.2021 Page 15 of 16
Analysis
The area between the Airport and the Castle Hayne Road corridor was
designated as a General Residential place type in order to reflect the
existing development pattern. The proposed (CZD) R-15 zoning is consistent
with the neighborhoods in the area. While the majority of the properties
fronting Spring Road currently contain AR zoning, the lot dimensions are
more reflective of the requested R-15 zoning.
The proposal is in line with the preferred density range of the General
Residential place type. This place type envisions lower density residential
development of up to 8 dwelling units per acre. The applicant is proposing
5 lots, for an overall density of 2.24 units per acre.
In addition, one of the stated goals of the comprehensive plan is to promote
compact development which will minimize trips and vehicle miles traveled.
The proposal locates future residents in close proximity to existing urban
services. The subject parcel is approximately one mile from commercial
services available at both the Airport Commerce employment center, to the
east, and Wrightsboro commercial node, to the north. There is also a Wave
Transit stop to the south at Castle Hayne Road and 23rd Street.
Consistency
Recommendation
The proposed (CZD) R-15 rezoning is generally CONSISTENT with the
Comprehensive Plan because it allows the types of uses recommended in the
General Residential place type, is identified as a typical zoning category
in this place type, and is consistent with the existing development pattern of
the surrounding area.
Planning Board - November 4, 2021
ITEM: 2 - 2 - 15
Z21-14 Staff Report PB 11.4.2021 Page 16 of 16
STAFF RECOMMENDATION
The proposed rezoning is generally in line with the goals and objectives of the Comprehensive Plan
and the types of uses encouraged in the General Residential place type. In Additional the proposed
development would be similar to the surrounding residential development pattern.
Therefore, staff recommends approval of this application and suggests the following motion:
I move to APPROVE the proposed rezoning to a Conditional R-15, 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 residential housing densities outlined for General
Residential areas. I also find APPROVAL of the rezoning request is reasonable and in
the public interest because the proposal is consistent with the existing development
pattern of the surrounding area.
Staff suggested condition:
1. Housing types in the development shall be limited to single-family detached.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a Conditional R-15, 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 residential housing densities outlined for General
Residential areas, I find DENIAL of the rezoning request is reasonable and in the public
interest because the proposal will adversely impact the adjacent neighborhoods.
Planning Board - November 4, 2021
ITEM: 2 - 2 - 16
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Zoning Districts
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RA/ Undeveloped137 Spring RoadZ21-14
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
825
Feet
Subject Site
Planning Board - November 4, 2021
ITEM: 2 - 3 - 1
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New Hanover County, NCCONSERVATION
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COMMERCE ZONE
Place Types
CZD R-15
Single Family Residential
RA/ Undeveloped137 Spring RoadZ21-14
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
825
Feet
Subject Site
Planning Board - November 4, 2021
ITEM: 2 - 4 - 1
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Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
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Subject Site
Planning Board - November 4, 2021
ITEM: 2 - 5 - 1
APPLICANT
MATERIALS
Planning Board - November 4, 2021
ITEM: 2 - 6 - 1
Page 1 of 6
Conditional Zoning District Application – Updated 12-2020
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
CONDITIONAL ZONINGAPPLICATION
This application form must be completed as part of a conditional zoning application submitted through the county’s
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.3 of the Unified Development Ordinance.
Public Hearing Procedures
(Optional)
Pre-Application Conference
1
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Hearing &
Recom-
mendation
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
1.Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
Cindee Wolf
Design Solutions
P.O. Box 7221
Wilmington, NC 28406
910-620-2374
cwolf@lobodemar.biz
Carolyn Faye Barefoot
2104 Castle Hayne Road
Wilmington, NC 28401
910-274-6336 (Contact: Steve Dutton)
swansongproperties@gmail.com
Planning Board - November 4, 2021
ITEM: 2 - 7 - 1
Page 2 of 6
Conditional Zoning District Application – Updated 12-2020
2.Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification
3.Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: Total Acreage of Proposed District:
Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the
district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the
corresponding General Use District are eligible for consideration within a Conditional Zoning District.
4.Proposed Condition(s)
Note: 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.
137 Spring Road 312915.53.5635 [R04107-002-006-000]
2.23 acres +/-AR / Vacant General Residential
2.23 acres +/-CZD / R-15
Subdivide the existing parcel into five (5) single-family home lots with minimum width of 80' andminimum area of 15,000 s.f.
No additional conditions proposed.
Planning Board - November 4, 2021
ITEM: 2 - 7 - 2
Page 3 of 6
Conditional Zoning District Application – Updated 12-2020
5.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 Traffic 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:
6.Conditional Zoning District Considerations
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified
Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for
use with transitions between zoning districts of 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
Zoning district meets the following criteria.
1.How would the requested change be consistent with the County’s policies for growth and development, as
described in the 2016 Comprehensive Plan, applicable small area plans, etc.
ITE 210 - Single-Family Homes
4 5
The policies for growth and development encourage safe and affordable housing to beavailable to every citizen. Sustainability of the County depends on sensible in-fill andmaximizing use of lands already accessible to urban services. The proposed developmentwill provide additional housing units with direct service from public utilities and in the proximity of existing urban services.
Planning Board - November 4, 2021
ITEM: 2 - 7 - 3
Page 4 of 6
Conditional Zoning District Application – Updated 12-2020
2.How would the requested Conditional Zoning district be consistent with the property’s classification on the
2016 Comprehensive Plan’s Future Land Use Map.
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?
The parcel is identified in the "General Residential" place-type on the Comprehensive Land Use Plan.The proposed lots will be consistent with other properties in the vicinity
The Airport Residential zoning district is established for the purpose of limiting the development of land within the vicinity of the Airport to low-denisty residential devleopment, but the one-acre arearequirement is counter-productive to addressing the housing deficit that has been determined in ourcommunity. The proposed rezoning would not impair the utility of the airport or the public's investmentin it.
Planning Board - November 4, 2021
ITEM: 2 - 7 - 4
Page 5 of 6
Conditional Zoning District Application – Updated 12-2020
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as
“N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review;
Staff will confirm if an application is complete within five business days of submittal.
Application Checklist Applicant Initial
This application form, completed and signed
Application fee:
x $600 for 5 acres or less
x $700 for more than 5 acres
x $300 in addition to base fee for applications requiring TRC review
Community meeting written summary
Traffic impact analysis (if applicable)
Legal description (by metes and bounds) or recorded survey Map Book and Page
Reference of the property requested for rezoning
Conceptual Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
x Proposed use of land, building areas and other improvements
o For residential uses, include the maximum number, height, and type
of units; area to be occupied by the structures; and/or proposed
subdivision boundaries.
o For non-residential uses, include the maximum square footage and
height of each structure, an outline of the area structures will
occupy, and the specific purposes for which the structures will be
used.
x Proposed transportation and parking improvements; including proposed
rights-of-way and roadways; proposed access to and from the subject site;
arrangement and access provisions for parking areas.
x All existing and proposed easements, required setbacks, rights-of-way, and
buffers.
x The location of Special Flood Hazard Areas.
x A narrative of the existing vegetation on the subject site including the
approximate location, species, and size (DBH) of regulated trees. For site
less than 5 acres, the exact location, species, and sized (DBH) of specimen
trees must be included.
x Approximate location and type of stormwater management facilities
intended to serve the site.
x Approximate location of regulated wetlands.
x Any additional conditions and requirements that represent greater
restrictions on development and use of the tract than the corresponding
general use district regulations or additional limitations on land that may be
regulated by state law or local ordinance
One (1) hard copy of ALL documents and site plan. Additional hard copies may be
required by staff depending on the size of the document/site plan.
One (1) digital PDF copy of ALL documents AND plans
CW
CW
CW
CW
CW
CW
CW
N/A
Planning Board - November 4, 2021
ITEM: 2 - 7 - 5
Planning Board - November 4, 2021
ITEM: 2 - 7 - 6
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Legal Description for
Conditional Rezoning of
137 Spring Road
Beginning at a point in the western boundary of Spring Road, a 60’ public right‐of‐way; said
point being at its intersection with the northern boundary of Fairfield Drive, a 60’ public right‐
of‐way shown on a plat recorded among the land records of the New Hanover County Registry
in Map Book 9, at Page 25; and running thence from the point of beginning with that Spring
Road right‐of‐way:
South 22030’ West, 489.78 feet to a point; thence
North 67057’ West, 195.87 feet to a point; thence
North 22003’ East, 491.33 feet to a point; thence
South 67030’East, 199.45 feet to the point and place of beginning, containing 97,029
square‐feet (2.23 acres), more or less.
Planning Board - November 4, 2021
ITEM: 2 - 7 - 9
Planning Board - November 4, 2021
ITEM: 2 - 7 - 10
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Project Name: 137 Spring Road Subdivision
Proposed Zoning: AR to CZD / R-15
The undersigned hereby certifies that written notice of a community meeting on the above
zoning application was given to the adjacent property owners set forth on the attached list by
first class mail, and provided to the Planning Department for notice of the Sunshine List on
September 8, 2021 . A copy of that written notice and site layout are also attached.
The meeting was held at the following time and place: Thursday, September 23, 2021
6:00 p.m.; at 64 Arlene Dr., Castle Hayne.
The persons in attendance at the meeting were: Reference attached sign-in list
The following issues were discussed at the meeting: The proposal to development five (5)
residential lots was explained. We acknowledged the Airport Authority’s admonition about
customary noise the activities around a working airport. The Tadlocks were concerned about
the status of a recorded access and drainage issue, but were assured that there would be no
changes or impacts to it.
As a result of the meeting, the following changes were made to the petition: None
Date: September 28, 2021
Applicant: Design Solutions
By: Cindee Wolf
Planning Board - November 4, 2021
ITEM: 2 - 7 - 11
Planning Board - November 4, 2021
ITEM: 2 - 7 - 12
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Adjacent Owners within 500' Perimeter of 137 Spring Road
OWNERMAILING ADDRESSCITY / STATE / ZIPSITUS ADDRESS
BAREFOOT CAROLYN FAYE2104 CASTLE HAYNE RD WILMINGTON, NC 28401137 SPRING RD WILMINGTON
BAREFOOT CAROLYN FAYE MOORE2104 CASTLE HAYNE RD WILMINGTON, NC 284012104 CASTLE HAYNE RD WILMINGTON
BOYLAN GEORGE L134 BERMUDA DR WILMINGTON, NC 28401134 BERMUDA DR WILMINGTON
BRIEN PATRICK ALISON D157 FAIRFIELD DR WILMINGTON, NC 28401157 FAIRFIELD DR WILMINGTON
CHAMPION PETER DONNA M122 BERMUDA DR WILMINGTON, NC 28401122 BERMUDA DR WILMINGTON
COLLINS LEAH R118 SPRING RD WILMINGTON, NC 28401118 SPRING RD WILMINGTON
CONNER HENRY WILBERT BRENDA205 FAIRFIELD DR WILMINGTON, NC 28401201 FAIRFIELD DR WILMINGTON
COUGHLIN KEITH R ETAL106 BERMUDA DR WILMINGTON, NC 28401106 BERMUDA DR WILMINGTON
DALTON JOHN B IIIPO BOX 3406WILMINGTON, NC 28406122 SPRING RD WILMINGTON
FLOWERS CAROLYN RUTH126 BERMUDA DR WILMINGTON, NC 28401126 BERMUDA DR WILMINGTON
LONANDER KURT P AMANDA M130 BERMUDA DR WILMINGTON, NC 28401130 BERMUDA DR WILMINGTON
MARTIN JACOB W REBECCA L2110 CASTLE HAYNE RD WILMINGTON, NC 284012110 CASTLE HAYNE RD WILMINGTON
MCKOY JOHNNIE B JR200 BERMUDA DR WILMINGTON, NC 28401200 BERMUDA DR WILMINGTON
MIARS EMMA TRASK HEIRS1727 AZALEA DR WILMINGTON, NC 28403101 SPRING RD WILMINGTON
MIARS EMMA TRASK HEIRS1727 AZALEA DR WILMINGTON, NC 28403101 SPRING RD WILMINGTON
MIARS EMMA TRASK HEIRS2501 CANTERBURY RD WILMINGTON, NC 28403126 SPRING RD WILMINGTON
MIARS EMMA TRASK HEIRS2501 CANTERBURY RD WILMINGTON, NC 28403152 SPRING RD WILMINGTON
MIARS PETER H JESSIE G3913 SWEETBRIAR RD WILMINGTON, NC 28403206 FAIRFIELD DR WILMINGTON
MIARS PETER H JESSIE G3913 SWEETBRIAR RD WILMINGTON, NC 28403160 FAIRFIELD DR WILMINGTON
NEHER RICHARD R ANNIE MARIE C121 SPRING RD WILMINGTON, NC 28401121 SPRING RD WILMINGTON
NHCO AIRPORT AUTHORITY1740 AIRPORT BLVDWILMINGTON, NC 284012013 BLUE CLAY RD WILMINGTON
PHAM NGOAN ETAL118 BERMUDA DR WILMINGTON, NC 28401118 BERMUDA DR WILMINGTON
ROBESON JAMES W CARYWAY M138 BERMUDA DR WILMINGTON, NC 28401138 BERMUDA DR WILMINGTON
ROME CHRISTINA M CLAUDE Z ETAL110 BERMUDA DR WILMINGTON, NC 28401110 BERMUDA DR WILMINGTON
SEEGER MARCUS B MEGAN T114 BERMUDA DR WILMINGTON, NC 28401114 BERMUDA DR WILMINGTON
TADLOCK DONALD2116 CASTLE HAYNE RD WILMINGTON, NC 284012116 CASTLE HAYNE RD WILMINGTON
TADLOCK DONALD2116 CASTLE HAYNE RD WILMINGTON, NC 28401141 SPRING RD WILMINGTON
TADLOCK DONALD G JENEANE C100 WATER ST WRIGHTSVILLE BCH, NC 284802114 CASTLE HAYNE RD WILMINGTON
TADLOCK DONALD GENE SR2116 CASTLE HAYNE RD WILMINGTON, NC 28401139 SPRING RD WILMINGTON
TWIGG ROBERT J MONICA R153 FAIRFIELD DR WILMINGTON, NC 28401149 FAIRFIELD DR WILMINGTON
TWIGG ROBERT J MONICA R153 FAIRFIELD DR WILMINGTON, NC 28401153 FAIRFIELD DR WILMINGTON
Planning Board - November 4, 2021
ITEM: 2 - 7 - 14
September 8, 2021
To: Adjacent Property Owners
Re: Residential Lots
The Owner of land at 137 Spring Road is interested in developing five (5) homes on that tract. This property is
within the proximity of your property, and the proposal would require a Conditional Zoning District approval
from New Hanover County.
A Conditional Zoning District allows particular uses to be established only in accordance with specific
standards & conditions pertaining to each individual development project. Essentially, this means that only
the use, structures & layout of an approved proposal can be developed. An exhibit of the lot division is
enclosed.
The County requires that the developer hold a meeting for all property owners within 500 feet of the tract
boundary, and any other interested parties. This provides neighbors with an opportunity for explanation of
the proposal and for questions to be answered concerning project improvements, benefits and impacts.
A meeting will be held on Thursday, September 23rd, 6:00 p.m., at 64 Arlene Drive, Castle Hayne.
If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910‐620‐2374, or
email cwolf@lobodemar.biz with comments and/or questions.
We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the
community.
Planning Board - November 4, 2021
ITEM: 2 - 7 - 15
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PROPOSED
SITE PLAN
Planning Board - November 4, 2021
ITEM: 2 - 8 - 1
Planning Board - November 4, 2021
ITEM: 2 - 9 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/4/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Nicole Smith, Senior Planner
CONTACT(S): Nicole Smith, Rebekah Roth, Planning & Land Use Director
SUBJECT:
Request by Frank Pasquale with KFJ Development Group, LLC to amend Ar7cles 3 and 4 of the Unified
Development Ordinance to establish a new zoning district, the Riverfront Urban Mixed-Use Zoning District.
BRIEF SUMMARY:
The proposed amendment seeks to provide an addi onal tool for redevelopment of Cape Fear and Northeast Cape
Fear riverfront proper es. The proposed district combines concepts from the exis ng Riverfront Mixed Use Planned
Development Zoning (RFMU), Urban Mixed Use Zoning (UMXZ) and Planned Development (PD) districts.
The proposed Riverfront Urban Mixed-Use Zoning (RUMXZ) district would be a Master Planned development district,
a type of condi onal zoning district that includes a site-specific design (master plan) and allows for mutually agreed
upon condi ons. Master plans for these districts are intended to be in a “bubble” format that illustrate the general
loca on and intensity of the land uses within the development. Mixed use developments must be constructed in
accordance with the standards established in the approved master plan and must comply with all other applicable
development regula ons (stormwater, landscaping, roadways, parking, etc.). Compliance with the master plan and
other applicable regula ons is verified during the technical review of an engineer sealed development proposal.
The applicant’s proposal includes a district size requirement between 5 and 10 acres; allows for a maximum by-right
height of 240 feet; and accommodates a maximum density of 100 units per acre, when ver cally integrated as part of a
mixed-use building. Aside from dimensional standards, the district prescribes architectural and design elements and
promotes mul modal transporta on op ons. Similar to the exis ng mixed use zoning districts, the proposed district
would be established with a master plan of development, approved by the County Commissioners.
The por on of the unincorporated area that would qualify for this district has generally retained the ini al 1970s
industrial zoning to date. However, to the east, across the Northeast Cape Fear River, lies the urban downtown core of
the City of Wilmington, with primarily CBD, Central Business District zoning and generally higher intensity uses.
The proposed district does not provide a unique tool that is not currently offered in the
County’s planning jurisdic on. Instead, the proposed district would provide for an updated version of the RFMU
district, which was not modified during the UDO project. While the proposed height is not currently on the ground, the
poten al exists with the RFMU zoning district and the maximum density is consistent with the east side of the
river. Further, the dimensional standards paired with the purpose statement of the district limit the riverfront proper es
that could apply for this mixed-use master plan district to those across from downtown areas where similar
development intensity is permiCed.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning Board - November 4, 2021
ITEM: 3
Staff recommends approval, with suggested edits, of the requested amendment and suggests the following mo on:
I move to recommend APPROVAL of the proposed amendment to the New Hanover County Unified
Development Ordinance to establish the Riverfront Urban Mixed-Use Zoning (RUMXZ). I find it to be
CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it promotes a mixture of
uses, where appropriate, in an effort to cluster development and minimize impacts on natural resources. I also
find APPROVAL of the proposed amendment reasonable and in the public interest because it provides an
addi onal tool for redevelopment of the Cape Fear and Northeast Cape Fear riverfront proper es.
I move to recommend DE N I AL of the proposed amendment to the New Hanover County Unified
Development Ordinance to establish the Riverfront Urban Mixed-Use Zoning (RUMXZ). While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it promotes a mixture of uses,
where appropriate, in an effort to cluster development and minimize impacts on natural resources, I find
DENIAL of the proposed amendment is reasonable and in the public interest because the proposal is not
consistent with the desired character of the surrounding community and the density and height will adversely
impact the adjacent proper es.
ATTACHMENTS:
Descrip on
TA21-04 PB Script
TA21-04 PB Staff Report
TA21-04 CS
TA21-04 Applicant Materials
TA21-04 Applicant Materials 2
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 4, 2021
ITEM: 3
SCRIPT for Zoning Map Amendment Application (TA21-04)
Request by Frank Pasquale with KFJ Development Group, LLC to amend Articles 3 and 4 of the Unified
Development Ordinance to establish a new zoning district, the Riverfront Urban Mixed-Use Zoning
District.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to recommend APPROVAL of the proposed amendment with staff suggested language to
the New Hanover County Unified Development Ordinance to establish the Riverfront Urban Mixed-
Use Zoning (RUMXZ). I find it to be CONSISTENT with the purpose and intent of the 2016
Comprehensive Plan because it promotes a mixture of uses, where appropriate, in an effort to
cluster development and minimize impacts on natural resources. I also find APPROVAL of the
proposed amendment reasonable and in the public interest because it provides an additional tool for
redevelopment of the Cape Fear and Northeast Cape Fear riverfront properties.
Alternative Motion for Denial
I move to recommend DENIAL of the proposed amendment to the New Hanover County Unified
Development Ordinance to establish the Riverfront Urban Mixed-Use Zoning (RUMXZ). While I find
it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it promotes
a mixture of uses, where appropriate, in an effort to cluster development and minimize impacts on
natural resources, I find DENIAL of the proposed amendment is reasonable and in the public interest
because the proposal is not consistent with the desired character of the surrounding community and
the density and height will adversely impact the adjacent properties.
Planning Board - November 4, 2021
ITEM: 3 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed amendment to New Hanover County Unified
Development Ordnance to establish a new zoning district, the Riverfront Urban Mixed-Use
Zoning 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 proposed amendment is reasonable and in the public
interest because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - November 4, 2021
ITEM: 3 - 1 - 2
TA21-04 Staff Summary PB 11.4.2021 Page 1 of 6
STAFF SUMMARY OF TA21-04
TEXT AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: TA21-04
Request:
The intent of this amendment is to establish a new zoning district, the Riverfront Urban Mixed-Use
Zoning (RUMXZ) district.
Applicant: Subject Ordinance:
Frank Pasquale on behalf of KFJ Development Group Unified Development Ordinance
Subject Article(s) and Section(s):
• Article 3: Zoning Districts
o Section 3.3.2 Established Mixed Use Zoning Districts
o Section 3.3.8 Riverfront Urban Mixed-Use Zoning (RUMXZ)
• Article 4: Uses and Use Specific Standards
o Table 4.2.1: Principal Use Table
o Table 4.4.3 Accessory Use Table
o Table 4.5.3: Temporary Use Table
BACKGROUND
The proposed amendment seeks to provide an additional tool for redevelopment of the Cape Fear
and Northeast Cape Fear riverfront properties. The proposed district combines concepts from the
existing Riverfront Mixed Use Planned Development Zoning (RFMU), Urban Mixed- Use Zoning
(UMXZ) and Planned Development (PD) districts.
The Riverfront Urban Mixed-Use Zoning (RUMXZ) district would be a Master Planned Development
district, a type of conditional zoning district that includes a site-specific design (master plan), and
mutually agreed upon conditions can be attached. Master plans for RUMXZ districts are intended
to be in a “bubble” format that illustrate the general location and intensity of the land uses within
the development. Mixed use developments must be constructed in accordance with the standards
established in the approved master plan and must comply with all other applicable development
regulations (stormwater, landscaping, roadways, parking, etc.). Compliance with the master plan
and other applicable regulations is verified during the technical review of an engineer sealed
development proposal.
The applicant’s proposal includes a district size requirement between 5 and 10 acres; allows for a
maximum by-right height of 240 feet; and accommodates a maximum density of 100 units per
acre, when vertically integrated as part of a mixed-use building. Aside from dimensional standards,
the district prescribes architectural and design elements, and promotes multi modal transportation
options. Similar to the existing mixed use zoning districts, the proposed district would be established
with a master plan of development, approved by the County Commissioners.
Planning Board - November 4, 2021
ITEM: 3 - 2 - 1
TA21-04 Staff Summary PB 11.4.2021 Page 2 of 6
The portion of the unincorporated area that would qualify for this district has generally retained
the initial 1970’s industrial zoning to date. However, to the east, across the Northeast Cape Fear
River, lies the urban downtown core of the City of Wilmington, with primarily CBD, Central Business
District zoning and generally higher intensity uses.
In 2007, New Hanover County adopted a new zoning district, the Riverfront Mixed Use (RFMU)
district, specifically to apply to properties along the west bank of the Cape Fear and Northeast
Cape Fear Rivers. This staff-led amendment was a collaborative effort with the City of Wilmington
and numerous stakeholder groups and was initiated in response to increasing interest in
development along the west bank across from downtown Wilmington. Height standards and other
regulations were established in order to reflect the development of downtown, take into account
environmentally sensitive areas, and provide for quality development that would provide a
community benefit. Specific requirements included provisions for a public Riverwalk, similar to the
one on the east bank of the river.
Since that time, this district has only been applied to one piece of property, and an RFMU-zoned
development has never been completed. During the Unified Development Ordinance (UDO) Project
process, staff reviewed the RFMU district and found that some of the regulations included in the
district, such as the requirements regarding mix of uses, lot coverage, architectural features, and
timeline for start of construction, may have reduced the likelihood that the district would be used.
Staff made a decision to focus on the new Urban Mixed-Use Zoning (UMXZ) and Planned
Development (PD) districts as alternatives to achieve similar high-quality developments in this area
of the county.
The proposed RUMXZ district combines several of the features of the RFMU and UMXZ districts. It
is intended to apply for properties too small for PD zoning, which requires a minimum of 10 acres.
The architectural standards would allow for more urban structures than currently allowed in RFMU
and more residential density than allowed in either the RFMU or UMXZ districts. However, building
heights are similar to those provided for in the current RFMU district.
Dimensional differences for the unincorporated jurisdiction’s existing mixed-use districts and the
applicant’s proposed RUMXZ are outlined in the chart below.
Planning Board - November 4, 2021
ITEM: 3 - 2 - 2
TA21-04 Staff Summary PB 11.4.2021 Page 3 of 6
Dimensional
Standards
RFMU
(Current NHC
riverfront zoning
district)
PD
(Current NHC
mixed-use zoning
district))
UMXZ
(Current NHC
mixed-use
zoning district)
RUMXZ
(Proposed text
amendment,
pending review)
District size N/A Minimum 10 acres Minimum 5
acres
Minimum 5 acres
N/A Maximum 10
acres
Setback
from
residential
Buildings < 50 feet,
equal to building
height adjacent to
residential
Established in MPD
with a minimum
20-foot periphery
setback for
residential uses
and 35 feet for
industrial uses
35 feet for
buildings < 35
feet in height
adjacent to
residential
35 feet for
buildings < 35
feet in height
adjacent to
residential
50 feet for
buildings > 50 feet
adjacent to
residential
45 feet for
buildings > 35
feet in height
adjacent to
residential
45 feet for
buildings > 35
feet in height
adjacent to
residential
Street
setback
16 feet Established in MPD 10 feet* 10 feet*
Maximum
height **
150 feet, not
including up to 60
feet for structured
parking
40 feet 4 stories or 45
feet along
arterial streets
by right and
75 feet with a
special use
permit
240 feet,
including
structured parking
Performance Bonus:
Additional 30 feet
in height allowed if
dedication of
private land area
for public use is
greater than the
required 10%
minimum
75 feet within the
height restriction
overlay area
directly across from
COW Historic
District
Maximum height
does not apply for
agricultural or
industrial uses.
2 stories or 35
feet along
residential and
collector streets
Maximum height
for parcel located
in the Urban
Mixed Use,
Community Mixed
Use, or
Employment
Center place
types
5 stories or 55
feet if
structured
parking is
provided along
arterial and
collector streets
Maximum
hospitality
density
N/A N/A N/A
50 units/acre
Planning Board - November 4, 2021
ITEM: 3 - 2 - 3
TA21-04 Staff Summary PB 11.4.2021 Page 4 of 6
Dimensional
Standards
RFMU
(Current NHC
riverfront zoning
district)
PD
(Current NHC
mixed-use zoning
district))
UMXZ
(Current NHC
mixed-use
zoning district)
RUMXZ
(Proposed text
amendment,
pending review)
Maximum
density
Required mix of
uses dictates density
maximum
Maximum density
inside the Urban
Mixed Use place
type is established
in the MPD.
15 units/acre
for single-
family
residential units
50 units/acre
Maximum density
outside of the
Urban Mixed Use
place type is 17
units per acre.
25 units/acre
for multifamily
residential units
100 units/acre
with vertical
mixed-use
buildings 36 units/acre
for vertical
mixed-use
buildings
Maximum lot
coverage
50% N/A N/A N/A
Minimum
residential
unit size
750 sq. ft. N/A N/A N/A
** There is currently a text amendment pending to establish the maximum height in mixed use
districts with the master plan during the entitlement process.
Given the proximity of the City limits to the Cape Fear and Northeast Cape Fear riverfront
properties, it is appropriate to include and analyze the existing development pattern and zoning
districts reflected along the east side of the river.
Dimensional Standards CBD
(Existing zoning district east of
Cape Fear River)
UMX
(Existing zoning district
utilized in the downtown core)
District size N/A N/A inside the 1945
corporate limits
5 acres outside of 1945
corporate limits
Setback from residential Buildings < 35 feet: 0
Buildings > 35 feet: 1:1 ratio
5 feet or the average front
setback in the front no more
than 10 feet;
Side and rear setbacks
require a minimum of 5 feet
Street setback At least 50% of the building
shall be setback 5 feet from
property line. Remaining 50%
subject to a maximum depth
of 15% of height.
Maximum of 10 feet
Planning Board - November 4, 2021
ITEM: 3 - 2 - 4
TA21-04 Staff Summary PB 11.4.2021 Page 5 of 6
Dimensional Standards CBD
(Existing zoning district east of
Cape Fear River)
UMX
(Existing zoning district
utilized in the downtown core)
Maximum height CBD Height Map dictate
minimum and maximum by
right.
(240 feet for the area north
of Red Cross Street)
35 feet for buildings < 35
feet in height adjacent to
residential
45 feet for buildings > 35
feet in height adjacent to
residential
Maximum hospitality density N/A N/A
Maximum density N/A 15 units/acre for single-
family residential units
Maximum lot coverage N/A 25 units/acre for multifamily
residential units
Minimum residential unit size N/A No cap for vertical mixed-use
buildings
The vision for the development pattern provided for in the RFMU district was incorporated into the
Comprehensive Plan, as the areas on the west bank across from downtown Wilmington were
designated as an Urban Mixed Use place type, the land use classification with the most residential
density and urban pattern outlined on the plan's Future Land Use Map.
The proposed district does not provide a unique tool that is not currently offered in the County’s
planning jurisdiction. Instead, the proposed district would provide for an updated version of the
RFMU district, which was not modified during the UDO project. While the proposed height is not
currently on the ground, the potential exists with the RFMU zoning district and the maximum density
is consistent with the east side of the river. Further, the dimensional standards paired with the
purpose statement of the district limit the riverfront properties that could apply for this mixed-use
master plan district to those across from downtown areas where similar development intensity is
permitted.
PROPOSED AMENDMENT
The applicant’s proposed text amendment is attached, with red italics indicative of staff’s suggested
edits and commentary.
STAFF RECOMMENDATION
Staff recommends approval, with suggested edits, of the requested amendment and suggests the
following motion:
I move to recommend APPROVAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to establish the Riverfront Urban Mixed-Use Zoning
(RUMXZ). I find it to be CONSISTENT with the purpose and intent of the 2016
Comprehensive Plan because it promotes a mixture of uses, where appropriate, in an effort
to cluster development and minimize impacts on natural resources. I also find APPROVAL
of the proposed amendment reasonable and in the public interest because it provides an
additional tool for redevelopment of the Cape Fear and Northeast Cape Fear riverfront properties.
Planning Board - November 4, 2021
ITEM: 3 - 2 - 5
TA21-04 Staff Summary PB 11.4.2021 Page 6 of 6
I move to recommend DENIAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to establish the Riverfront Urban Mixed-Use Zoning
(RUMXZ). While I find it to be CONSISTENT with the purposes and intent of the
Comprehensive Plan because it promotes a mixture of uses, where appropriate, in an effort
to cluster development and minimize impacts on natural resources, I find DENIAL of the
proposed amendment is reasonable and in the public interest because the proposal is not
consistent with the desired character of the surrounding community and the density and
height will adversely impact the adjacent properties.
Planning Board - November 4, 2021
ITEM: 3 - 2 - 6
3.3.2 ESTABLISHED MIXED USE ZONING DISTRICTS
The mixed use districts established by this UDO are identified in Table 3.3.2 Established
Mixed Use Zoning Districts.
Table 3.3.2: Mixed Use Zoning Districts
Category District Abbreviation
Mixed Use
Urban Mixed Use Zoning UMXZ
Riverfront Mixed Use Planned Development RFMU
Exceptional Design Planned Development EDZD
General Planned Development PD
Riverfront Urban Mixed-Use Zoning RUMXZ
3.3.4 3.3.8 RIVERFRONT URBAN MIXED-USE ZONING (RUMXZ)
A. Purpose
The Riverfront Urban Mixed-Use Zoning (RUMXZ) District is established to meet the following
seven primary objectives in the areas of New Hanover County fronting the Cape Fear River or
Cape Fear River Northeast extension in the proximity of the City of Wilmington and those intended
for where urban or community scale mixed use development is envisioned:
• To encourage the efficient mixed use development pattern envisioned in the
Comprehensive Plan fronting the Cape Fear or Cape Fear Northeast Extension. The zone
shall require that all river frontages be of a “living shoreline” as defined by the USACE,
exception will only be allowed when approved for portage for a “river taxi/ferry” service.
• Enhance and preserve environmentally sensitive areas along the river;
• Protect public access to the river through the creation of quality public spaces.
• Preserve cultural and natural resources.
• Ensure quality design and a variety of built forms that result in a pedestrian scale that
allows vistas to the east, City of Wilmington, and west from developed pedestrian
walkways, bicycle paths, and Riverwalk. The zone must provide as a compelling skyline.
• Promote and enhance transit options, particularly pedestrian and water-oriented
transportation options.
• Provide an opportunity for intensive development consistent with the urban form;
Encourage a mix of uses that fosters a sense of community and create a
destination for residents and visitors alike.
Planning Board - November 4, 2021
ITEM: 3 - 2 - 7
The district regulations include design elements intended to enhance the urban form, increase
neighborhood safety, through the adaptation of ncpc crime prevention through environmental
design (CPTED) recommendations, and add flexibility for small lot development. Integrated mix of
uses on development sites and within individual buildings is encouraged along the riverfront of the
Cape Fear and Northeast Cape Fear Northeast Extension Rivers. RUMXZ zoning is intended to
promote mixed-use developments on sites large enough to create a mix of uses in the current
Industrial Zoned areas along the Riverfront of the Cape Fear and Northeast Cape Fear Northeast
Rivers in accordance with the NHC Comprehensive Future Use Master Plan. Typically, these
developments will include creative development and redevelopment solutions.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4, Uses and Use Specific Standards. All RUMXZ projects shall include a mix of both
residential and nonresidential uses.
Planning Board - November 4, 2021
ITEM: 3 - 2 - 8
D. District Dimensional Standards
Standard All Uses
Minimum district size (acres)
Maximum district size(acres)
5
10
Setbacks
Minimum distance from single family
residential zoning districts
35 feet for buildings ≤ 35 feet in height
45 feet for buildings > 35 feet in height
1 Maximum distance from any street
(feet) 10*
Maximum height along arterial
streets(including structured parking)
240 feet by-right
Maximum height along residential &
collector streets 240 feet
Maximum height along arterial &
collector streets 240 feet
Maximum Hospitality dwelling density
(dwelling units/acre) 50
Minimum multi-family residential
density (dwelling units/acre) 50
Maximum vertically integrated mixed-
use building density (dwelling and
hospitality units/acre)**
100
*Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement
where an existing easement or significant natural feature exists.
** Hospitality units include units that may be used for either residential or Hotel/Motel purposes.
E. Reference to Other Standards
1. Utility and Equipment Screening
a. HVAC equipment, air conditioning window units, and other electrical
equipment, and fire escapes shall not be located on facades with
street frontage. All such equipment shall be placed in the interior
yards or inset into the roof pitch, or behind a parapet wall in the case
of a flat roof, of the building and screened from the right-of-way.
b. Utility meters, transformers, and fixed trash disposal receptacles that
cannot be located out of sign shall be screened from the public right-
of-way by plantings or opaque fencing.
c. The TRC may approve alterations to these standards in cases where
they cannot be met due to design consideration of the structure and
the intent of visual minimization of the feature is otherwise addressed.
2. Site Lighting
All site lighting shall be located, angled, shielded, and/or limited in
intensity to cast no direct light upon adjacent properties, shall minimize
off-site backlighting glare, and up-lighting. Light posts shall be no taller
than 20 feet. The TRC may approve alterations to these standards in
cases where they cannot be met due to design consideration.
Planning Board - November 4, 2021
ITEM: 3 - 2 - 9
3. Parking and Driveway Requirements
a. Parking shall be provided in accordance with the requirements of
Section 5.1: Parking and Loading, though shared parking may be
allowed upon submittal of a parking study showing how parking as
provided will be sufficient for permitted uses in accordance with
Section 5.1.3.
b. Surface parking shall be located to the side, rear or below buildings or
in the interior of a block and shall be prohibited in front of buildings.
Surface parking shall not be located along rights-of-way, except for
alleys. The TRC may approve alterations to this standard in cases
where locating parking to the side or rear is limited by existing site
features, such as trees, or when this requirement is not consistent
with the existing frontage pattern along the roadway.
c. Surface parking lots visible from the public right-of-way shall be
screened by permanent walks, shrubbery, or hedges at least 3 feet in
height. If hedges or shrubbery are used, they shall be at 3 feet in
height at the time of planting and shall be maintained at 3-5 feet in
height at all times.
d. Parking shall be accessed via alleyways wherever possible.
e. The design of all above-grade parking structures shall relate to the
context of the area. Exterior walls of parking structures shall be
designed with materials, colors, and architectural articulation in a
manner that provides a visual compatibility with adjacent buildings
and environment. All above-grade parking structures shall be
screened by shrubbery or hedges at 4’ to 6’ in height.
f. Pervious pavement materials, vegetated bio-infiltration parking lot
islands, or infiltration systems shall be used to minimize pollutant run-
off from surface parking areas to the extent that soil permeability,
depth to groundwater, or site constraints allow.
4. Multi-Modal Transportation Opportunities
a. Pedestrian circulation shall be clearly defined with paving, materials,
and/or landscaping and shall connect all uses. Sidewalks and
crosswalks shall be provided within new developments as necessary.
b. Bicycle and/or pedestrian connectivity to adjacent development or
existing or funded bicycle and pedestrian facilities.
c. Where no sidewalks currently exist, sidewalks shall be installed within
the right-of-way between the property line and the back of the curb.
Sidewalk width shall be a minimum of 6 feet along arterial streets and
5 feet along residential/collector streets and may be reduced on
internal private streets with TRC approval when context design
constraints dictate or when project intensity and/or density indicate
that 6 feet sidewalks will be sufficient to accommodate pedestrian
traffic.
d. Sidewalks may be limited to a single side of rights-of-way or private
streets or sidewalk width may be reduced when right-of-way or private
Planning Board - November 4, 2021
ITEM: 3 - 2 - 10
street abuts streams, ponds, or wetlands or when contextual design
constraints dictate, as determined by the TRC.
e. An internal grid street pattern is required. Block faces within the grid
pattern shall not exceed 400 feet in length. The grid pattern may be
supplemented with alleys. The TRC may waive strict adherence to
the grid pattern when sites are constrained by topography, including
wetlands, ponds, or other natural features, and where connections to
arterial streets and connections and relationships to adjacent sites
require flexibility.
f. A River Walk shall run in length a minimum of 90% of the river edge.
The specific deign and route shall be developed in conjunction with
the TRC, CAMA and USACE. The Riverwalk may combine raised and
site surface areas to provide a tasteful unique overall design impact.
River observation platforms shall be integrated throughout the walk as
available but at a minimum a river platform shall be included at the
start and end of each unconnected section of the Riverwalk.
Wherever possible Riverwalk’s of independent properties shall be
connected to provide s contiguous overall design concept.
5. Street Trees
Street tree plantings in below-grade planters or planting strips shall be
included at the rate of one tree per 30 feet of frontage in all private rights-
of-way and in public rights-of-way upon approval by NCDOT. The TRC
may waive strict adherence to this requirement if an alley is utilized along
all or portions of the street frontage.
6. Buffers and Streetyards
All development within the RUMXZ district may be exempted from
required buffers and streetyard requirements, as approved by the TRC
when contextual design constraints dictate or when other design and/or
landscaping features of the development serve to meet the needs of
buffering and/or streetyard requirements. A minimum buffer of at least 20
feet in width is required adjacent to single-family residential zoning
districts. Bufferyard and streetyard requirements will be established as
part of the Master Development Plan approval.
7. Trash Containment Screening
a. Trash containment areas shall be located within a building where
possible.
b. If trash containment, including areas for holding recycling, cannot be
accommodated within a building, it shall be placed on the rear or side
of the building and shall be completely enclosed and screened from
view of public rights-of-way with an opaque fence or wall and/or plant
materials, as approved by the TRC. The enclosure shall be at least
one foot taller than the highest point of the trash receptacle. Chain
link and exposed concrete blocks are prohibited.
Planning Board - November 4, 2021
ITEM: 3 - 2 - 11
8. Fences and Walls
Open wire fencing, including chain link, hurricane fencing, and barbed
wire, is prohibited. No Fencing shall be permitted in front yards, all other
fence heights may not exceed 4 feet.
9. Building Design
It is the intent that a commonality of exterior design for all sites within the
scope of the RUMXZ and its adjacent lands be complementary in design
philosophy to develop a unified vista or skyline.
a. Primary building entrances should be clearly distinctive from other
entrances. Primary building entrances shall be oriented toward
sidewalks along primary street frontages.
b. Large expanses of flat, unadorned walls are prohibited. Façades shall
incorporate architectural details, particularly at the pedestrian level.
Building façades along rights-of-way shall incorporate periodic
transitions across the façade. Building façades exceeding 30 feet in
width along rights-of-way shall be divided into distinct areas utilizing
methods including, but not limited to, façade offsets, pilasters,
changes in materials, or fenestration.
c. New buildings shall front onto sidewalks to reinforce pedestrian
activity along streets and pedestrian ways. Exterior burglar bars, fixed
“riot shutters,” or similar security devices shall not be visible from the
public right-of-way or riverwalk.
d. Exterior building materials for all new nonresidential or multifamily
structures shall be of quality finish materials. Structural metal panels
or unparged or non-architectural, non-decorative concrete block shall
be prohibited on façades visible from the public right-of-way or
riverwalk. Finish materials shall include: Smooth exterior reflective
energy rated glass rain screen systems: complementary metal cross
braces or mullions, all non-porous products shall be energy rated. All
exterior finish material must communicate the design philosophy of
energy efficiency in a clean and modern compliment to the basic main
building design. All fit and finish is to be compatible with energy star
design standards. Colors are allowed but limited to those which
compliment the basic main building skins.
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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ITEM: 3 - 2 - 12
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ITEM: 3 - 2 - 13
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ITEM: 3 - 2 - 14
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ITEM: 3 - 2 - 15
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ITEM: 3 - 2 - 16
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ITEM: 3 - 2 - 17
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ITEM: 3 - 2 - 18
APPLICANT
MATERIALS
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ITEM: 3 - 3 - 1
Planning Board - November 4, 2021
ITEM: 3 - 4 - 1
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ITEM: 3 - 4 - 2
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ITEM: 3 - 4 - 3
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ITEM: 3 - 4 - 4
3.3.4 RIVERFRONT URBAN MIXED-USE ZONING (UMXZ)
A. Purpose
The Riverfront Urban Mixed-Use Zoning (RUMXZ) District is established to meet the following seven primary objectives in the areas of New Hanover County fronting the Cape Fear River or Cape Fear River Northeast extension in the proximity of the City of Wilmington and those intended for urban or community scale mixed use development:
• Enhance and preserve environmentally sensitive areas along the river; to encourage the efficient mixed use development pattern envisioned in the Comprehensive Plan fronting the Cape Fear or Cape Fear Northeast Extension. The zone shall require that all river frontage be of a “living shoreline” as defined by the USACE, exception will only be allowed when approved for portage for a “river taxi/ferry” service.
• Protect public access to the river through the creation of quality public spaces.
• Preserve cultural and natural resources.
• Ensure quality design and a variety of built forms that result in a pedestrian scale that allows vistas to the east, City of Wilmington, and west from developed pedestrian walkways, bicycle paths, and Riverwalk. The zone must provide as a compelling skyline.
• Promote and enhance transit options, particularly pedestrian and water-oriented
transportation options.
• Provide an opportunity for intensive development consistent with the urban form;
• Encourage a mix of uses that fosters a sense of community and create a
destination for residents and visitors alike.
The district regulations include design elements intended to enhance the urban form, increase neighborhood safety, through the adaptation ncpc recommendations, and add flexibility for small lot development. Integrated mix of uses on development sites and within individual buildings is encouraged along the riverfront of the Cape Fear and Cape Fear Northeast Extension Rivers. RUMXZ zoning is intended to promote mixed-use developments on sites large enough to create a mix of uses in the current Industrial Zoned areas along the Riverfront of the Cape Fear and Cape Fear Northeast Rivers in accordance with the NHC Future Use Master Plan. Typically, these developments will include creative development and redevelopment solutions.
Planning Board - November 4, 2021
ITEM: 3 - 5 - 1
B. Concepts
Planning Board - November 4, 2021
ITEM: 3 - 5 - 2
Planning Board - November 4, 2021
ITEM: 3 - 5 - 3
Planning Board - November 4, 2021
ITEM: 3 - 5 - 4
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established in Article 4, Uses and Use Specific Standards. All RUMXZ projects shall include a mix of both residential and nonresidential uses.
Planning Board - November 4, 2021
ITEM: 3 - 5 - 5
D. District Dimensional Standards
Standard All Uses
Minimum district size (acres) Maximum district size(acres) 5 10
Setbacks
Minimum distance from single family residential zoning districts 35 feet for buildings ≤ 35 feet in height 45 feet for buildings > 35 feet in height
1 Maximum distance from any street (feet) 10*
Maximum height along arterial streets 240 feet by-right
Maximum height along residential & collector streets 240 feet
Maximum height along arterial & collector streets 240 feet
Maximum Hospitality dwelling density (dwelling units/acre) 50
Minimum multi-family residential density (dwelling units/acre) 50
Maximum vertically integrated mixed-use building density (dwelling/ hospitality units/acre) 100
*Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement
where an existing easement or significant natural feature exists. New Diagrams to be added here.
Planning Board - November 4, 2021
ITEM: 3 - 5 - 6
E. Reference to Other Standards
1. Utility and Equipment Screening
a. HVAC equipment, air conditioning window units, and other electrical equipment, and fire escapes shall not be located on facades with street frontage. All such equipment shall be placed in the interior yards or inset into the roof pitch, or behind a parapet wall in the case of a flat roof, of the building and screened from the right-of-way.
b. Utility meters, transformers, and fixed trash disposal receptacles that cannot be located out of sign shall be screened from the public right-of-way by plantings or opaque fencing.
c. The TRC may approve alterations to these standards in cases where they cannot be met due to design consideration of the structure and the intent of visual minimization of the feature is otherwise addressed.
2. Site Lighting
All site lighting shall be located, angled, shielded, and/or limited in intensity to cast no direct light upon adjacent properties, shall minimize
off-site backlighting glare, and up-lighting. Light posts shall be no taller than 20 feet. The TRC may approve alterations to these standards in cases where they cannot be met due to design consideration.
3. Parking and Driveway Requirements
a. Parking shall be provided in accordance with the requirements of Section 5.1: Parking and Loading, though shared parking may be allowed upon submittal of a parking study showing how parking as provided will be sufficient for permitted uses.
b. Surface parking shall be located to the side, rear or below buildings or in the interior of a block and shall be prohibited in front of buildings. Surface parking shall not be located along rights-of-way, except for
alleys. The TRC may approve alterations to this standard in cases where locating parking to the side or rear is limited by existing site features, such as trees, or when this requirement is not consistent
with the existing frontage pattern along the roadway.
c. Surface parking lots visible from the public right-of-way shall be screened by permanent walks, shrubbery, or hedges at least 3 feet in
height. If hedges or shrubbery are used, they shall be at 3 feet in height at the time of planting and shall be maintained at 3-5 feet in height at all times.
d. Parking shall be accessed via alleyways wherever possible.
e. The design of all above-grade parking structures shall relate to the context of the area. Exterior walls of parking structures shall be designed with materials, colors, and architectural articulation in a manner that provides a visual compatibility with adjacent buildings and environment. All above-grade parking structures shall be screened by shrubbery or hedges at 4’ to 6’ in height.
Planning Board - November 4, 2021
ITEM: 3 - 5 - 7
f. Pervious pavement materials, vegetated bio-infiltration parking lot islands, or infiltration systems shall be used to minimize pollutant run-
off from surface parking areas to the extent that soil permeability, depth to groundwater, or site constraints allow.
4. Multi-Modal Transportation Opportunities
a. Pedestrian circulation shall be clearly defined with paving, materials, and/or landscaping and shall connect all uses. Sidewalks and crosswalks shall be provided within new developments as necessary.
b. Bicycle and/or pedestrian connectivity to adjacent development or existing or funded bicycle and pedestrian facilities.
c. Where no sidewalks currently exist, sidewalks shall be installed within the right-of-way between the property line and the back of the curb. Sidewalk width shall be a minimum of 6 feet along arterial streets and 5 feet along residential/collector streets and may be reduced on internal private streets with TRC approval when context design constraints dictate or when project intensity and/or density indicate
that 6 feet sidewalks will be sufficient to accommodate pedestrian traffic.
d. Sidewalks may be limited to a single side of rights-of-way or private
streets or sidewalk width may be reduced when right-of-way or private street abuts streams, ponds, or wetlands or when contextual design constraints dictate, as determined by the TRC.
e. An internal grid street pattern is required. Block faces within the grid pattern shall not exceed 400 feet in length. The grid pattern may be supplemented with alleys. The TRC may waive strict adherence to
the grid pattern when sites are constrained by topography, including wetlands, ponds, or other natural features, and where connections to arterial streets and connections and relationships to adjacent sites require flexibility.
f. A River Walk shall run in length a minimum of 90% of the river edge. The specific deign and route shall be developed in conjunction with the TRC, CAMA and USACE. The Riverwalk may combine raised and site surface areas to provide a tasteful unique overall design impact.
River observation platforms shall be integrated throughout the walk as available but at a minimum a river platform shall be included at the start and end of each unconnected section of the Riverwalk. Wherever possible Riverwalk’s of independent properties shall be connected to provide s contiguous overall design concept.
5. Street Trees
Street tree plantings in below-grade planters or planting strips shall be included at the rate of one tree per 30 feet of frontage in all private rights-of-way and in public rights-of-way upon approval by NCDOT. The TRC
may waive strict adherence to this requirement if an alley is utilized along all or portions of the street frontage.
Planning Board - November 4, 2021
ITEM: 3 - 5 - 8
6. Buffers and Streetyards
All development within the RUMXZ district may be exempted from
required buffers and streetyard requirements, as approved by the TRC when contextual design constraints dictate or when other design and/or landscaping features of the development serve to meet the needs of buffering and/or streetyard requirements. A minimum buffer of at least 20 feet in width is required adjacent to single-family residential zoning districts.
7. Trash Containment Screening
a. Trash containment areas shall be located within a building where possible.
b. If trash containment, including areas for holding recycling, cannot be accommodated within a building, it shall be placed on the rear or side of the building and shall be completely enclosed and screened from view of public rights-of-way with an opaque fence or wall and/or plant materials, as approved by the TRC. The enclosure shall be at least
one foot taller than the highest point of the trash receptacle. Chain link and exposed concrete blocks are prohibited.
8. Fences and Walls
Open wire fencing, including chain link, hurricane fencing, and barbed wire, is prohibited. No Fencing shall be permitted in front yards, all other fence heights may not exceed 4 feet.
9. Building Design
It is the intent that a commonality of exterior design for all sites within the scope of the RUMXZ and its adjacent lands be complementary in design philosophy to develop a unified vista or skyline.
a. Primary building entrances should be clearly distinctive from other entrances. Primary building entrances shall be oriented toward sidewalks along primary street frontages.
b. Large expanses of flat, unadorned walls are prohibited. Façades shall incorporate architectural details, particularly at the pedestrian level. Building façades along rights-of-way shall incorporate periodic transitions across the façade. Building façades exceeding 30 feet in width along rights-of-way shall be divided into distinct areas utilizing methods including, but not limited to, façade offsets, pilasters, changes in materials, or fenestration.
c. New buildings shall front onto sidewalks to reinforce pedestrian activity along streets and pedestrian ways. Exterior burglar bars, fixed
“riot shutters,” or similar security devices shall not be visible from the
public right-of-way.
d. Exterior building materials for all new nonresidential or multifamily structures shall be of quality finish materials. Structural metal panels
or unparged or non-architectural, non-decorative concrete block shall be prohibited on façades visible from the public right-of-way. Finish
Planning Board - November 4, 2021
ITEM: 3 - 5 - 9
materials shall include: Smooth exterior reflective energy rated glass rain screen systems: complementary metal cross braces or mullions,
all non-porous products shall be energy rated. All exterior finish material must communicate the design philosophy of energy efficiency in a clean and modern compliment to the basic main building design. All fit and finish is to be compatible with energy star design standards. Colors are allowed but limited to those which compliment the basic main building skins.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
Planning Board - November 4, 2021
ITEM: 3 - 5 - 10
Planning Board - November 4, 2021
ITEM: 3 - 5 - 11
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
Agricultural and Forestry Uses, General [11-
16-2020]
Livestock Sales
Stable [11-16-2020] 4.3.1
Wholesale Nursery
Dwelling, Dual-Unit Attached P 4.3.2
Dwelling, Multi-Family [05-03-2021] P* 4.3.2
Dwelling, Quadraplex P 4.3.2
Dwelling, Single-Family Detached P 4.3.2
Dwelling, Triplex P 4.3.2
Dwelling, Row-Style P 4.3.2
Dwelling, Two-Family (Duplex) P 4.3.2
Live/Work or Caretaker Unit P* 4.3.2
Mobile Home 4.3.2
Mobile Home, Doublewide 4.3.2
Mobile Home Park 4.3.2
Mobile Home Subdivision
Senior Living: Independent Living
Retirement Community [11-16-2020] P
Family Care Home 4.3.2
Fraternity/Sorority Residence 4.3.2
Group Home 4.3.2
Senior Living: Assisted Living Facility [11-16-
2020] P 4.3.2
Senior Living: Continuing Care Retirement
Community
[11-16-2020]
P 4.3.2
Adult Day Care P 4.3.3
Child Care Center P
Family Child Care Home 4.3.3
Animal Shelter [11-16-2020] 4.3.3
Community Center [11-16-2020] P
Food Pantry [11-16-2020] 4.3.3
Library P
Lodges, Fraternal, & Social Organizations
[11-16-2020] P 4.3.3
Museum P
Religious Assembly [11-16-2020] P 4.3.3
Amateur Radio Antennas (up to 90 ft.)
4.3.3
Antenna & Towers less than 70 ft. in Height
& Ancillary to the Principal Use P* 4.3.3
Collocation, Wireless [09-08-2020] 4.3.3
Non-Substantial Modification [09-08-2020] 4.3.3
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
Other Wireless Communication Facilities
including Wireless Support Structures &
Substantial Modifications [09-08-2020]
4.3.3
Colleges, Universities, and Professional
Schools
Elementary and Secondary Schools
Vocation or Trade School
Emergency Services Facility
[11-16-2020]
Government Offices and Buildings
Post Office [11-16-2020] P
Hospice [11-16-2020]
Hospital
4.3.3
Medical and Dental Office and Clinic P
Nursing and Rehabilitation Center P 4.3.3
Urgent Care Facility [11-16-2020] P* 4.3.3
Boating Facility, Community S* 4.3.3
Boating Facility, Private Residential P* 4.3.3
Cemetery 4.3.3
Community Garden [11-16-2020] P
Golf Course
Park and Recreation Area P
Airport and Terminal
Bus and Taxi Terminal [11-16-2020] P
Heliport P
Marina, Commercial P 4.3.3
Marina, Commercial with Floating
Structures [11-16-2020]
Pb
e 4.3.3
Railroad Freight Depot
Railroad Passenger Terminal
Water Transportation Facilities P
Electric Substation P 4.3.3
Solar Energy Collection Facility
Utility Lines, Structures, and/or Facilities;
General P* 4.3.3
Adult Entertainment Establishment 4.3.4
Bar/Nightclub P
Electronic Gaming Operation 4.3.4
Event Center [11-16-2020] P 4.3.4
Indoor Recreation Establishment P 4.3.4
Outdoor Recreation Establishment P 4.3.4
Outdoor Shooting Range 4.3.4
Animal Grooming Service P 4.3.4
Planning Board - November 4, 2021
ITEM: 3 - 5 - 12
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
[11-16-2020]
Equestrian Facility [11-16-2020] 4.3.4
Kennel [11-16-2020] P 4.3.4
Veterinary Service [11-16-2020] P
Bank and/or Financial Institution P
Business Service Center P
Commercial Parking Lot or Facility P
Funeral Services
Mini-Warehouse/Self-Storage
Off-Premises Advertising 4.3.4
Repair Shop P
Commercial Kitchen, Catering
[11-16-2020]
Microbrewery/Microdistillery
[11-16-2020] P
Restaurant P
Bed and Breakfast Inn 4.3.4
Campground/Recreational Vehicle (RV) Park 4.3.4
Hotel or Motel P
Contractor Office 4.3.4
Labor Organization
Offices for Private Business and Professional
Activities P
Dry Cleaning/Laundry Plant
Instructional Services and Studios [11-16-2020] P
Personal Services, General P
Auction House [11-16-2020]
Convenience Store [11-16-2020] P 4.3.4
Food Market P
Grocery Store P
Oil or Gas Dealer, Retail [11-16-2020]
Pharmacy P
Retail Nursery
Retail Sales, Building and Construction
Supplies
Retail Sales, General P
Boat Dealer
Car Wash 4.3.4
Equipment Rental and Leasing
Farm Implement Sales
Fuel Sales 4.3.4
Mobile Home and Prefab Building Sales
Transportation Vehicle Service and Storage
Facility [11-16-2020]
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
Vehicle Rentals S 4.3.4
Vehicle Sales
Vehicle Service Station, Large Vehicles
Vehicle Service Station, Minor
[11-16-2020] 4.3.4
Vehicle Service Station, Major
Vehicle Towing Service and Storage Yard 4.3.4
Broadcasting and Production Studio P
Data Center [11-16-2020]
Research and Development Facility
Artisan Manufacturing
[11-16-2020] 4.3.5
Animal Food Manufacturing (NAICS 3111)
Bakeries and Tortilla Manufacturing (NAICS
3118)
Dairy Product Manufacturing (NAICS 3115)
Fruit and Vegetable Preserving and
Specialty Food Manufacturing (NAICS 3114)
Grain and Oilseed Manufacturing (NAICS
3112)
Other Food Manufacturing (NAICS 3119)
Seafood Product Preparation and Packaging
(NAICS 3117)
Sugar and Confectionary Product
Manufacturing (NAICS 3113)
Beverage Manufacturing (NAICS 3121)
Tobacco Manufacturing (NAICS 3122)
Fabric Mills (NAICS 3132)
Fiber, Yarn, and Thread Mills (NAICS 3131)
Textile and Fabric Finishing and Fabric
Coating Mills (NAICS 3133)
Other Textile Product Mills (NAICS 3149)
Textile Furnishings Mill (NAICS 3141)
Apparel Accessories and Other Apparel
Manufacturing (NAICS 3159)
Apparel Knitting Mills (NAICS 3151)
Cut and Sew Apparel Manufacturing (NAICS
3152)
Footwear Manufacturing (NAICS 3162)
Leather and Hide Tanning and Finishing
(NAICS 3161)
Other Leather and Allied Product
Manufacturing (NAICS 3169)
Planning Board - November 4, 2021
ITEM: 3 - 5 - 13
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
Other Wood Product Manufacturing (NAICS
3219)
Sawmills and Wood Preservation (NAICS
3211)
Veneer, Plywood, and Engineered Wood
Product Manufacturing (NAICS 3212)
Converted Paper Product Manufacturing
(NAICS 3222)
Printing and Related Support Activities
(NAICS 3231)
Basic Chemical Manufacturing (NAICS 3251)
Other Chemical Product and Preparation
(NAICS 3259) [Except Explosives
Manufacturing (NAICS 325920) and All
Other Miscellaneous Chemical Product and
Preparation Manufacturing (NAICS 325998)]
Paint, Coating, and Adhesive Manufacturing
(NAICS 3255)
Pharmaceutical and Medicine
Manufacturing (NAICS 3254)
Resin, Synthetic Rubber, and Artificial
Synthetic Fibers and Filaments
Manufacturing (NAICS 3252)
Soap, Cleaning Compound, and Toilet
Preparation Manufacturing (NAICS 3256)
Plastics Product Manufacturing (NAICS
3261)
Rubber Product Manufacturing (NAICS
3262)
Cement and Concrete Product
Manufacturing (NAICS 3273) [Except
Cement Manufacturing (NAICS 32731)]
Clay Product and Refractory Manufacturing
(NAICS 3271)
Glass and Glass Product Manufacturing
(NAICS 3272)
Other Nonmetallic Mineral Product
Manufacturing (NAICS 3279)
Alumina and Aluminum Production and
Processing (NAICS 3313) [Except Alumina
Refining and Primary Aluminum Production
(NAICS 331313) and Secondary Smelting and
Allowing of Aluminum (NAICS 331314)]
Iron and Steel Mills and Ferroalloy
Manufacturing (NAICS 3311)
Nonferrous Metal (except Aluminum)
Production & Processing (NAICS 3314)
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
Steel Product Manufacturing from
Purchased Steel (NAICS 3312)
Architectural and Structural Metals
Manufacturing (NAICS 3323)
Boiler, Tank, and Shipping Container
Manufacturing (NAICS 3324)
Coating, Engraving, Heat Treating, and
Allied Activities (NAICS 3328)
Cutlery and Handtool Manufacturing (NAICS
3322)
Forging and Stamping (NAICS 3321)
Hardware Manufacturing (NAICS 3325)
Machine Shops: Turned Product; and Screw,
Nut, and Bolt Manufacturing (NAICS 3327)
Other Fabricated Metal Product
Manufacturing (NAICS 3329)
Spring and Wire Product Manufacturing
(NAICS 3326)
Agriculture, Construction, and Mining
Machinery Manufacturing (NAICS 3331)
Commercial and Service Industry Machinery
Manufacturing (NAICS 3333)
Engine, Turbine, and Power Transmission
Equipment Manufacturing (NAICS 3336)
Industrial Machinery Manufacturing (NAICS
3332)
Metalworking Machinery Manufacturing
(NAICS 3335)
Other General Purpose Machinery
Manufacturing (NAICS 3339)
Ventilation, Heating, Air-Conditioning, and
Commercial Refrigeration Equipment
Manufacturing (NAICS 3334)
Audio and Video Equipment Manufacturing
(NAICS 3343)
Communications Equipment Manufacturing
(NAICS 3342)
Computer and Peripheral Equipment
Manufacturing (NAICS 3341)
Navigational, Measuring, Electromedical,
and Control Instruments Manufacturing
(NAICS 3345)
Manufacturing and Reproducing Magnetic
and Optical Media (NAICS 3346)
Semiconductor and Other Electronic
Component Manufacturing (NAICS 3344)
Electrical Equipment Manufacturing (NAICS
Planning Board - November 4, 2021
ITEM: 3 - 5 - 14
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
3353)
Electric Lighting Equipment Manufacturing
(NAICS 3351)
Household Appliance Manufacturing (NAICS
3352)
Other Electrical Equipment and Component
Manufacturing (NAICS 3359)
Aerospace Product and Parts Manufacturing
(NAICS 3364)
Motor Vehicle Body and Trailer
Manufacturing (NAICS 3362)
Motor Vehicle Manufacturing (NAICS 3361)
Motor Vehicle Parts Manufacturing (NAICS
3363)
Other Transportation Equipment
Manufacturing (NAICS 3369)
Railroad Rolling Stock Manufacturing
(NAICS 3365)
Ship and Boat Building (NAICS 3366)
Household and Institutional Furniture and
Kitchen Cabinet Manufacturing (NAICS 3371)
Office Furniture (including Fixtures)
Manufacturing (NAICS 3372)
Other Furniture Related Product
Manufacturing (NAICS 3379)
Medical Equipment and Supplies
Manufacturing (NAICS 3391)
Other Miscellaneous Manufacturing (NAICS
3399)
All Other Miscellaneous Chemical Product
and Preparation Manufacturing (NAICS
325998)
Alumina Refining and Primary Aluminum
Production (NAICS 331313)
Animal Slaughtering and Processing (NAICS
3116)
Cement Manufacturing (NAICS 32731)
Explosives Manufacturing (NAICS 325920)
Foundries (NAICS 3315)
Lime and Gypsum Product Manufacturing
(NAICS 3274)
Pesticide, Fertilizer, and Other Agricultural
Chemical Manufacturing (NAICS 3253)
Petroleum and Coal Products Manufacturing
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
(NAICS 3241)
Pulp, Paper, and Paperboard Mills (NAICS
3221)
Secondary Smelting and Alloying of
Aluminum (NAICS 331314)
Electricity Generating Facilities
Fuel Bulk Storage Facilities
Mining & Quarrying, High Intensity 4.3.5
Mining & Quarrying, Low Intensity 4.3.5
Sanitary Landfill (NAICS 562212) 4.3.5
Dry Stack Boat Storage Facility, Stand-
Alone
Motor Freight Transportation Warehousing
Recreational Vehicle and Boat Trailer
Storage Lot [11-16-2020] 4.3.5
Warehousing [11-16-2020] 4.3.5
Wholesaling 4.3.5
Wholesaling Seafood with Water Frontage
[11-16-2020]
Commercial Recycling Facility, Large
Collection [11-16-2020] 4.3.5
Commercial Recycling Facility, Processing
[11-16-2020] 4.3.5
Commercial Recycling Facility, Processing
and Collection
[11-16-2020]
4.3.5
Commercial Recycling Facility, Small
Collection [11-16-2020] 4.3.5
Landfill, Demolition 4.3.5
Landfill, Landscape 4.3.5
Junk Yards, Scrap Processing 4.3.5
Septage, Sludge Disposal 4.3.5
Planning Board - November 4, 2021
ITEM: 3 - 5 - 15
Accessory Use
UM
X
Z
Accessory Dwelling Unit P
Accessory Structure P
Accessory Use, Customary P
Dry Stack Boat Storage Facility, at a Marina P
Electronic Gaming Operation
Electric Vehicle Charging Station [11-16-2020] P
Farm Stand P
Home Occupation [11-16-2020]
Residential Private Pier
Solar Energy Collection Facility, Accessory
[11-16-2020]
RV or Travel Trailer Dwelling [09-08-2020]
Small Watercraft Storage
[09-08-2020]
Stormwater Facilities on Contiguous
Properties P
Wind Energy Collection Facility, Accessory
[11-16-2020]
Temporary Use
UM
X
Z
Circuses, Carnivals, and Fairs P
Construction Office P
Temporary Use
UM
X
Z
Debris Site [11-16-2020] P
Farmers’ Market
Seasonal Sales
Special Fundraising for Non-profit
Organizations P
Temporary Emergency Services Facility [11-16-
2020] P
Temporary Family Healthcare Structure
[11-16-2020] P
Temporary Real Estate Office/Model P
Temporary Relocation Housing P
Travel Trailers
Planning Board - November 4, 2021
ITEM: 3 - 5 - 16