2021-12-02 PB MINUTES
1 | Page
Minutes of the
New Hanover County Planning Board
December 2, 2021
A regular meeting of the New Hanover County Planning Board was held on December 2, 2021, at 6:00 p.m. in the
New Hanover County Historic Courthouse, 24 North Third Street, Room 301 in Wilmington, North Carolina.
Members Present Staff Present
Jeffrey Petroff, Chair Rebekah Roth, Director of Planning
Donna Girardot, Vice Chair Ken Vafier, Planning Manager
Allen Pope Marty Little, Long Range Planner
Jeffrey Stokley Jr. Julian Griffee, Current Planner
Hansen Matthews Ron Meredith, Current Planner
Colin J. Tarrant Sharon Huffman, Deputy County Attorney
Paul Boney
Chair Jeff Petroff called the meeting to order at 6:00 p.m. with all members present, excepting Paul Boney who was
unavoidably detained. Planning Manager, Ken Vafier led the Pledge of Allegiance.
Approval of Minutes
Minutes from the November 4, 2021, Planning Board meeting were presented to the members. No changes or
amendments were identified. Board Member Hansen Matthews made a MOTION, SECONDED by Board Member
Allen Pope to approve the minutes as drafted.
Motion to approve minutes carried 6-0
Approval of 2022 Planning Board Meeting Calendar
The 2022 Planning Board Meeting calendar was presented to the members. No changes or amendments were
identified. Board Member Allen Pope made a MOTION, SECONDED by Vice Chair Donna Girardot to approve the
calendar as presented.
Motion to approve 2022 Planning Board Meeting Calendar carried 6-0
NEW BUSINESS
Text Amendment Request (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. This item was continued from the Planning Board’s November 4, 2021, meeting.
Director of Planning and Land Use, Rebekah Roth explained this item was a continuation of the public hearing
held at the last Planning Board meeting on November 4, 2021. She stated the text amendment had a
companion rezoning proposal that was not on last month’s agenda because the development team had worked
out some final details regarding the projects Traffic Impact Analysis that impacted the proposed mix of uses
and site features. She stated that the board requested to continue the hearing for the text amendment to allow
consideration of both requests at the same meeting.
Ms. Roth stated that the proposed text amendment would establish a new zoning district for the county that
would allow for urban scale mixed use development on the western bank of the Northeast Cape Fear River. She
stated this Riverfront Urban Mixed-Use zoning district would be a Master Planned Development district, which
could only be established with an approved Master Development Plan and Terms and Conditions document.
She stated that the RUMXZ district would still be subject to all other development standards including parking,
2 | Page
signage, landscaping, flood damage prevention, fire and building safety, stormwater (both state and local),
NCDOT, utility, wetlands protection and CAMA permitting.
Ms. Roth stated that as they reviewed the companion rezoning, staff had worked with the applicant to clarify
the request to make sure that the proposed district was aligned with what was envisioned for that project, and
because the proposed district would apply to other properties and could be used by other developers, that the
proposed framework would work in other situations.
Ms. Roth stated that there had been some modifications to the proposed amendment and gave a brief
overview. She stated language had been added to clarify that the proposed district would apply to the
properties that fronted the Northeast Cape Fear River from the Thomas Rhodes bridge to the south to the
Isabel Holmes bridge to the north. She explained the area had largely retained its historic heavy industrial
zoning, originally applied in 1972, reflecting the types of uses in the area at the time. The area was classified
as Conservation in CAMA plans through the 2006 plan, though policies in place indicated that area should be
reserved for water dependent uses that could not function elsewhere, shared industrial corridors, and those
exceptional development proposals designed to effectively preserve the natural function of the site.
Ms. Roth stated the area was rezoned three time during the 1990s and early 2000s from I-2 to a Conditional
Use B-2 and R-15 for a mixed-use development, to Light Industrial, then to Riverfront Mixed-Use or RFMU. She
stated the RFMU district was established in 2007 and was the result of a joint effort between the city and
county to develop a district that would accommodate urban-level development on the rivers’ western banks
while seeking to protect more vulnerable natural areas. She stated the proposed district included urban building
height that allowed up to 240 feet.
She stated the type of development pattern that was intended by RFMU was reflected in the 2016
Comprehensive Plan’s designation of this area as Urban Mixed Use and was based on a vision for development
on the western bank that reflected what was across the river on the eastern bank. She stated this development
pattern was also intended to consider site constraints and environmental features.
Ms. Roth stated although the proposed district did include several features of the RFMU district, during the
UDO Project, staff had identified that some of the district’s requirements regarding mix of uses, lot coverage,
architectural features, and a timeline for the start of construction, may have reduced the likelihood that the
district would be used. She stated at the time staff had decided to focus on the two new mixed-use districts,
UMXZ and PD, as alternatives for the area, but those districts had included features that would not allow for
the same type of urban form allowed in RFMU and did not include specific environmental standards. Ms. Roth
stated that the proposed district did include environmental standards not specifically outlined in other districts
in addition to requiring compensating community benefits.
Ms. Roth stated the proposal was in line with the existing policy direction for development on the western bank
of the Northeast Cape Fear River, provided for an updated version of the RFMU district specifically created by
city and county staff for this area, included protections for environmental features, and mirrored the City‘s CBD
across the river. She stated as a result staff recommended approval of the proposed text amendment to
establish the district.
Ms. Roth stated if the text amendment were approved, it would be a floating district that would require a
rezoning application and approval before it was applied to any property and would be the framework for what
could be allowed to be proposed, where the district could potentially apply, and the information that would be
required for any proposal.
In response to questions of the board, Ms. Roth stated that to make sure that what the applicant was requesting
was as clear as possible to the board, staff had discussions with the applicant to clarify that their request was a
maximum building height of 240 feet measured from the first finished floor to the highest point of the roof.
Chair Petroff opened the public hearing and recognized the applicant.
3 | Page
Mr. Frank Pasquale with KFJ Development Group, LLC, provided a presentation and summary description of the
proposed project. He concurred with the information Ms. Roth had presented.
Mr. Pasquale stated the property was the landing for the old wooden bridge that came from Brunswick County over
the Cape Fear River to Point Harbor Road which was how access to New Hanover County was provided from the
south. He stated in the 1980s it was replaced by the Rhodes Bridge, and the old wooden bridge and Point Harbor
Road were abandoned and used for local traffic. He stated the area had been misused throughout its history and
that one of its last and most environmentally dangerous uses was an industrial junkyard. He stated the property had
been locked away and no one had access since the 1970s.
Mr. Pasquale stated that when the county created the 2016 Comprehensive Plan, it was decided that this area should
no longer be an industrial district but needed to change and become a Mixed-Use Urban district. He stated the
proposed project was consistent with the term urban in its true sense as it provided for high, dense, and compact
development and was created as such for several reasons. He stated the applicant wanted to provide a safe
environment for residents and visitors so that in the event of a flood or flash flood, the site had been designed where
everything would be above what FEMA required as the base flood elevation times two. He stated at FEMA’s
recommendation the site was designed so that the first floor was open so that if the water was to go over 9 or 10
feet it would flood that area and run through it without being restrained. He stated that the first community level
would start at 21 feet above the river elevation and the first-floor amenity level would be 51 feet above the river.
Mr. Pasquale stated they had been working with NCDOT to raise the roads in the area and had been issued
encroachment permits to rebuild Point Harbor Road, to build a new underpass under the Rhodes Bridge and redirect
Point Harbor Road from a portion of 421, back into the site and raising it five feet. He stated that environmentally
this was an opportunity to reenergize the riverfront. He stated that staff specifically added the information to the
text amendment so that future developers would have to follow the same blueprint.
Mr. Toby Keeton, with project architectural firm Kersting Architecture, gave an overview of the project and stated
that they were proposing three buildings and that regarding the height, the reason for the density was because from
an environmental aspect, dense buildings took up less land and preserved more natural areas. He stated the initial
idea was to encapsulate some of the environmental brownfield issues with a layer of clean fill and raise their initial
ground plain up to at least eleven feet. He stated the towers were organized above four levels of parking which was
made to be flood resilient and made for flood waters to pass through it.
Chair Petroff opened the hearing to those with questions or in opposition.
Ms. Sally Meserole, 2708 Columbia Avenue spoke in opposition and expressed stated the site was fragile and would
be best suited for a passive park or some other low impact project. She also voiced her concern with the buildings
blocking natural views over the western landscape.
Dr. Robert Parr, 6706 Falcon Point Road, spoke in opposition and stated concerns that the district went against the
flood zone policies, absence of a future serviceable road in the district and the potential of a secondary access point
under the bridge that would create a disaster point.
Mr. Peter Fensil, 1719 South Live Oak Parkway, spoke in opposition and expressed his concern with the impact of
traffic merging onto Hwy 421 giving examples of the current traffic flow from Hwy 133.
Mr. Kemp Burdett, 617 Surry Street, spoke in opposition and expressed his concern with flooding in the area. He
stated the project went against the goal of the 2016 Comprehensive Plan to promote environmentally responsible
growth.
Mr. Travis Gilbert, 211 Orange Street, spoke in opposition and expressed his concern with the integrity of the USS
North Carolina. He stated the proposed site’s height, scale and mass would cause adverse visual impacts to the
historic site.
4 | Page
In rebuttal, Mr. Keeton stated although they agreed with most of the public comments, what they were proposing
was a development that adapted to climate change over time. He stated one of their strategies to create an
enlivened space was to create a plaza between the proposed three towers that would include a stormwater
treatment system at the highest point of the property. He stated by doing this, they would create terraces in which
each terrace would drain incrementally using gravity before it led back into the natural system. He stated this would
also create a natural area within the development that they wanted to promote as an educational area, using native
vegetation to provide natural views close to where people worked and played.
Mr. Keeton stated, regarding the height, the proposed project was specifically designed with a sacrificial ground
layer which meant with reasonable assumption of 80 years from now, that the trend would continue where people
would be less dependent on automobiles. He stated this would mean parking demands would decrease and this type
of building would be adaptable in that the ground plain could be built again to respond to the change over time. He
stated although there had been concerns about how the height was measured, the need for density would be their
main argument.
In response to the applicant, Mr. Brayton Willis, Leland, NC, spoke in spoke in opposition and expressed his concern
with the shoreline and the proposed building becoming an obstruction in a floodplain. He stated the way to protect
and preserve the functions of the flood plain would be climate adaptive low impact development. He stated a need
to identify how to work with floodplains and not on them.
Mr. Gilbert returned and indicated that the site was in the Wilmington National Register Historic District, which
included portions of the west side of the Cape Fear River because that was where the USS North Carolina was located
and there were archeological sites in this area. Mr. Gilbert suggested that the board look to other municipalities that
have recognized the need to have setbacks and height restrictions to protect the setting of listings on the National
Register Historic Places.
With no further opposition or questions, Chair Petroff closed the public hearing and opened to Board discussion.
Board member Paul Boney recused himself as he had arrived at 6:36 p.m. and was not present for a portion of this
public hearing.
In response to questions of the Board, Mr. Keeton stated the living shoreline would be designed as a natural buffer
that would create an environment for plants and animals, as well as provide a natural setting adjacent to peoples’
activities which would foster stewardship in the environment and indicated where the required the 30-foot CAMA
setback was located. Mr. Keeton stated that the design was not complete and that this was just a starting point and
were only asking for a rezoning to begin the process of development.
In response to questions of the Board, Mr. Keeton stated the proposed riverwalk would be an elevated. He stated
flood water could go under the walk and flow through the parking deck area. He stated the walk would be built so
that it would appear to be floating and that all sections would be able to rise on posts that ride with the flood.
After extensive discussion from the Board regarding the scale of the project, height of the buildings and the
environmental aspect of the project, Board Member Allen Pope made a MOTION to APPROVE the proposed text
amendment to the New Hanover County Unified Development Ordinance to establish the Riverfront Urban Mixed-
Use Zoning (RUMXZ) district with modifications to include the maximum height that was allowed in the RFMU district
of 240 feet, as the board found it to be consistent with the purpose and intent of the 2016 Comprehensive Plan
because it promoted the intended urban-scale mixture of uses that reflect downtown Wilmington and contributed
to efforts to cluster development and minimized impacts on natural resources on the western bank of the Cape Fear
and Northeast Cape Fear Rivers and found APPROVAL of the proposed amendment was reasonable and in the public
interest because it provided an additional tool for redevelopment of the Cape Fear and Northern Cape Fear riverfront
properties.
Hearing no second, MOTION FAILED.
5 | Page
Vice Chair Donna Girardot made a MOTION, SECONDED by Board Member, Colin Tarrant to recommend DENIAL of
the proposed amendment to the New Hanover County Unified Development Ordinance to establish the Riverfront
Urban Mixed-Use Zoning (RUMXZ) district. While the Board found it to be CONSISTENT with the purpose and intent
of the 2016 Comprehensive Plan because it promoted the intended urban-scale mixture of uses that reflect
downtown Wilmington and contributed to efforts to cluster development and minimized impacts on natural
resources on the western bank of the Cape Fear and Northeast Cape Fear Rivers, the Board found DENIAL of the
proposed amendments was reasonable and in the public interest because the proposal was not consistent with the
desired character for this area and the density and height would adversely impact the adjacent properties..
The motion to deny the rezoning request carried 5-1 (Voting no: Chair Petroff, Vice Chair Girardot, Mr. Tarrant, Mr.
Stokely; Mr. Matthews, Voting yes: Mr. Pope.
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 RUMXZ, Riverfront Urban Mixed-Use Zoning District for a mixed-use development
Mr. Frank Pasquale, KFJ Development Group, LLC requested a continuance of the rezoning application pending
decision of the Board of Commissioners regarding item TA21-04.
Board member Jeff Stokely Jr. made a MOTION, SECONDED by Board Member, Allen Pope for a continuance of the
zoning request.
The motion for continuance of the rezoning request carried 6-0.
Rezoning Request (Z21-15) – Request by Thompson Thrift Development, Inc., applicant, on behalf of ARFA
Holdings, LLC, property owner, to rezone approximately 20.5 acres of land located at 6124 Carolina Beach Road
from B-2, Regional Business, to (CZD) RMF-M, Residential Multi-Family Moderate Density District, in order to
develop a multi-family project.
Planning Manager Ken Vafier provided information pertaining to location, land classification, access,
transportation, and zoning. He showed maps, aerials and photographs of the property and surrounding area and
gave an overview of the proposed application as referred to in the staff report.
Mr. Vafier explained that the site was currently zoned B-2 which was applied along portions of Carolina Beach
Road in the 1970s.
Mr. Vafier stated that the applicant was proposing to rezone a conditional RMF-M district at a unit count of
300 and a density of 14.6 units per acre. He stated the units were 15 20-unit buildings on parcel with heights
proposed at a maximum of 2-stories in 45 feet in height. He stated the stormwater infiltration basin was
located in the center and northwest area of the parcel on approximately two acres. He stated there was a 20-
foot-wide transitional buffer proposal located on the west and on the south boundaries of the site that were
adjacent to properties zoned or developed as R-15 residential district. Mr. Vafier stated access was proposed
to be via two points off Carolina Beach Road that would function as right in-right out movements from the
southbound direction while the left over from the northbound Carolina Beach Road direction would provide
access to the northern access point of the site. He stated a shared through or right turn lane was proposed
along Carolina Beach Road which would terminate at a southbound U-turn Lane just south of the parcel
boundary.
Mr. Vafier stated a Traffic Impact Analysis was conducted and estimated a trip generation of approximately
153 a.m. peak hour trips and 176 p.m. peak hour trips. He stated if the portion of the site subject to the rezoning
request was developed with a building footprint of approximately 18 percent of the site’s area, which was a
typical footprint in the B-2 district, it was estimated to generate a total of 150 a.m. trips and 610 trips during
6 | Page
evening peak hours. He stated the net change would be an increase of 3 a.m. peak hour trips and a decrease
in 434 p.m. peak hours trips as general retail users typically generate the bulk of their trips during the p.m.
peak hours.
He stated the proposal was generally consistent with the recommendations of the Comprehensive Plan because
it provided for the type of housing diversity recommended, the residential density was in line with those
recommended in the place type, and the project would provide additional housing in close proximity to existing
and future commercial development serving nearby residents.
Mr. Vafier stated that the applicant proposed two conditions addressing building height:
1. Maximum building height shall be forty-five feet and 2-stories,
2. Maximum unit count shall be three hundred units.
Mr. Vafier stated if the rezoning were approved, the project and further development of the site would be
subject to technical review and zoning compliance review processes to ensure full compliance to all zoning
requirements.
Chair Petroff opened the public hearing and recognized the applicant.
Mr. Sam Franck, on behalf of Thompson Thrift Development, Inc., introduced Mr. Jesse Houghtalen of Thompson
Thrift Development, Inc.
Mr. Jesse Houghtalen provided a summary description of the development company and the market demographics
that were sought out by their company and provided a brief description of the proposed project and its intent.
Mr. Franck provided a summary description of the proposed project. He concurred with the information Mr. Vafier
had presented.
Mr. Franck stated the proposal was to go from B-2 high intensity use to residential multi-family at a medium density.
He stated that the project was consistent with the Comprehensive Plan and would increase the number of
residences in the area that were within one mile of a community facility by 5 percent, increase the diversity of
housing options available from 10 to 14 percent. He stated this type of development was the type of infill
development that the county has stated they would like to see. Mr. Franck stated the district did allow for 3-
story structures, but the applicant had proposed to limit the structures to a maximum of 2-stories. He stated a
community meeting was held in June 2021 and eight of twelve persons who had signed up attended.
Mr. Franck stated the traffic impact had been carefully considered and that the development was designed
without any traffic connections through adjoining neighborhoods. He stated the only traffic connections for
the proposed development were directly to Carolina Beach Road. He stated the county required a 20–25-foot
buffer along the western boundary of the site and as designed they proposed a 32-foot buffer along the
boundary. He stated the stormwater maintenance would be engineered and implemented so that the system
would reduce the drainage impact on neighboring land by treating stormwater onsite.
Chair Petroff opened the hearing to those with questions or in opposition.
Tracey Florence, 825 Rivage Promenade, spoke in opposition to the proposal expressing her concern about the
impact on neighborhood amenities, the density of the development, increased traffic and design, parking
requirements, visual impact on the community, construction noise, water drainage and stormwater maintenance.
In rebuttal to Ms. Florence’s comment, Mr. Franck stated parking requirements per the UDO required 540 parking
spaces and the development has proposed 565 parking spaces. He reiterated that there was no interconnectivity to
the other parcels, and if there was a need for overflow, it would not be on anyone else’s land. He stated regarding
traffic the impact was significantly less than a retail development.
7 | Page
Mr. Richard Adams, Traffic Engineer, Kimley-Horn explained that this part of US Hwy 421 was improved to restrict a
lot of the movement to a reduced-conflict intersection which had shown to increase safety while allowing access for
side parcels. The proposed development would have right in right out access and likely a directional crossover and
inbound left turn. He stated the final approval needed from NCDOT was in process. Mr. Adams stated instead of
having to make a U-turn, there would be a direct inbound left turn. He stated the signal to the north located at
Manassas Drive and Sharks Eye Lane would provide access in and out to Carolina Beach Road.
In rebuttal to Ms. Florence’s comment, Mr. Franck stated that the purpose of engineered stormwater systems was
to reduce the rate of flow of water from the site. He stated that the result of the development would be a permitted
engineered stormwater system that controlled runoff.
With no further opposition or questions, Chair Petroff closed the public hearing and opened to Board discussion.
In response to questions of the Board, Mr. Scott James of WMPO stated he could not speak to the traffic counts
included in the TIA as it was still under review, however they were conducted during the school year. He stated for
the purposes of the Traffic Impact Analysis, the peak hours for residential and commercial areas would typically be
defined as from 7a.m. to 9a.m. and 4p.m. to 6p.m. during the work week. He stated special occasions would define
the peak hours during the weekend if the land use required it.
After extensive discussion regarding traffic and the project design from the Board, Vice Chair Donna Girardot made
a MOTION, SECONDED by Board Member Paul Boney to recommend DENIAL of the proposed rezoning to an (CZD)
RMF-M district. While the Board found it to be consistent with the purposes and intent of the Comprehensive Plan
because the project provided for the types and mixture of uses recommended in the urban mixed-use place type and
the residential densities were in line with those recommended for the property, the board found DENIAL of the
rezoning request reasonable and in the public interest because the proposal was not consistent with the desired
character of the surrounding community and the density would adversely impact the adjacent neighborhoods.
The motion to deny the rezoning request carried 5-2. (Voting yes: Vice Chair Girardot, Mr. Paul Boney, Mr. Tarrant,
Mr. Stokely; Mr. Matthews, Voting no: Chair Petroff, Mr. Pope.
Rezoning Request (Z21-04M) – Request by RSC Engineering, PLLC, on behalf of the property owner, Cape Fear
Habitat for Humanity, Inc., to modify an existing (CZD) R-10, Conditional Residential District, containing
approximately 4.9 acres of land, located in the 3200 block of Reminisce Road, to allow a proposed stormwater
pond.
Planner Ron Meredith provided information pertaining to location, land classification, access, transportation, and
zoning. He showed maps, aerials and photographs of the property and surrounding area and gave an overview of
the proposed application as referred to in the staff report.
Mr. Meredith explained that the site was zoned conditional R-10 and that there would be no modifications to
the originally approved 11 lots. Mr. Meredith stated that the applicant was looking to develop the already
approved conditional zoning property by adding a stormwater pond and would not change the original
approval.
Mr. Meredith stated the proposed modification would not result in additional lots or traffic. He stated the
proposal was to change the stormwater management system tool utilized from roadside sales to a stormwater
pond. Mr. Meredith stated that the applicant proposed that the lots range from 10,000 square feet to 15,000
square feet and that the proposed lot sizes and single-family housing type were similar to existing development
in the neighborhood.
Mr. Meredith stated the proposal was generally consistent with the 2016 Comprehensive Plan because it
provided residential development similar to the density of the adjacent neighborhoods and was in line with the
densities recommended in the General Residential place type. He stated if the rezoning were approved, the
8 | Page
project would be subject to technical review and zoning compliance review processes to ensure full compliance
with all zoning requirements.
Chair Petroff opened the public hearing and recognized the applicant.
Ms. Lauren McKenzie, Executive Director of Cape Fear Habitat for Humanity, provided a summary description of the
proposed project. She concurred with the information Mr. Meredith had presented.
Ms. McKenzie stated the property had an approved site plan and after approval, met with stormwater and county
staff and realized that the swales that would be required to manage the stormwater would greatly impede the
property owners and essentially would result in pools being located in their front yards. She stated the proposed
changes would be to meet the county requirements by raising the roadway to provide improved drainage and add
a small pond in lieu of the swales in the right of way which would increase the lot sizes. She stated this would be a
better construction and long-term maintenance plan in that it would be set up to have the stormwater pond
maintained and not require the swales be maintained by the individual homeowners.
In response to questions from the Board, Ms. McKenzie stated there was no pump station on the site.
Chair Petroff opened the hearing to those with questions or in opposition.
Hearing no opposition or questions, Chair Petroff closed the public hearing and opened to Board discussion.
Board Member Jeff Stokley Jr. made a MOTION, SECONDED by Board Member Allen Stokely to APPROVE the
proposed modification to the existing conditional R-10 district. The Board found it to be consistent with the purposes
and intent of the Comprehensive Plan because the project’s use and density was in line with the recommendation
for General Residential areas. The Board also found APPROVAL of the rezoning request reasonable and in the public
interest because the proposal remains consistent with the existing development pattern of the surrounding area and
will allow for needed infrastructure.
The motion to approve the rezoning request carried 7-0
Rezoning Request (Z21-17) – Request by Cindee Wolf, on behalf of the property owner, JH Land, LLC., to rezone
approximately 86.10 acres of land, a portion of Parcel ID: R01100-009-015-000, located at the southern end of
Roger Haynes Drive, from B-2, Regional Business, to R-10, Residential District.
Planner Julian Griffee provided information pertaining to location, land classification, access, transportation, and
zoning. She showed maps, aerials and photographs of the property and surrounding area and gave an overview of
the proposed application as referred to in the staff report.
Mr. Griffee explained that the site was originally zoned as I-2 in the early 1970s but was rezoned in April of
2007 by the Board of Commissioners to the current B-2 zoning district. Mr. Griffee stated access to the parcel
would be through Roger Haynes Drive, a local road connected to Holly Shelter Road designated by NCDOT as
an arterial road. He stated the site did not have secondary access.
Mr. Griffee stated the property was currently undeveloped and generated zero trips, however if the subject site
were developed with a building footprint of approximately 18 percent of the site’s area, which was a typical
footprint in the B-2 zoning district, it was estimated to generate approximately 635 a.m. peak hour trips and
2572 p.m. peak hour trips. He stated the proposed zoning district would generate an estimated 206 a.m. peak
hour trips and 277 p.m. peak hour trips, a net decrease of 429 a.m. peak hour trips and 2,295 p.m. peak hour
trips as general retail users typically generated the bulk of their trips during the p.m. peak hours.
Mr. Griffee stated the proposed district provided for a transition from the high-intensity adjacent interstate t
undeveloped and existing single-family dwellings in the vicinity of the subject property. He stated the intent of
the R-10 district was to serve as a transition between very low-density residential development patterns and
smaller lot, more dense residential areas of the county.
9 | Page
He stated the proposal was generally consistent with the recommendations of the Comprehensive Plan because
it allowed for the types of uses recommended in the General Residential place type. He stated the proposed
zoning district’s allowable uses were generally more compatible with the characteristics of the General
Residential place type than uses allowed within the existing B-2 zoning district. He stated if the rezoning were
approved, the project would be subject to technical review to ensure all land regulations were met.
In response to questions of the Board, Mr. Griffee stated Roger Haynes Drive was the same road that was currently
being utilized by the Holly Shelter and Castle Hayne Middle Schools. Ms. Rebekah Roth indicated that the subject
property was linked to other properties in the area that did have direct access to other roadways and would likely
be developed as a cohesive whole if the rezoning were approved.
Chair Petroff opened the public hearing and recognized the applicant.
Ms. Cindee Wolf, on behalf of JH Land, LLC., provided a summary description of the proposed project. She concurred
with the information Mr. Griffee had presented.
Ms. Wolf stated the subject parcel was only a part of a split zoned property of over 283 acres with access to Rogers
Hayne Drive, direct access up to Holly Shelter Road and access over to North College Road. She stated if this rezoning
request and the potential rezoning of the associated property were approved, it would result in a performance
residential density possibility of up to 710 units. She stated this particular project would have about 579 units. She
stated the project would have to go through the Technical Review Committee and a Traffic Impact Analysis
Chair Petroff opened the hearing to those with questions or in opposition.
Hearing no opposition or questions, Chair Petroff closed the public hearing and opened to Board discussion.
In response to questions of the Board, Ms. Wolf stated that the TIA would address concerns of accessing the property
through the Roger Haynes Drive and, if needed, it would have to be improved to accommodate the traffic. She stated
the road was created to provide access into the site and was part of their own driveway and parking lot. She stated
it was a separate road and intended to access the back property with more than adequate stacking distance.
In response to questions of the Board, Ms. Wolf stated College Road would be a second egress and ingress to Roger
Haynes Drive.
After further discussion from the Board, Board Member Paul Boney made a MOTION, SECONDED by Vice Chair
Donna Girardot to APPROVE the proposed rezoning to an R-10 district. The Board found it to be consistent with the
purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses
recommended for General Residential areas than the existing zoning. The Board also found APPROVAL of the
rezoning request reasonable and in the public interest because the densities and range of housing types allowed in
the proposed zoning district would support existing and future community-level nodes, and current B-2 zoning
designation would allow for commercial uses not recommended for General Residential areas.
The motion to approve the rezoning request carried 7-0
Rezoning Request (Z21-18) – Request by Cindee Wolf, on behalf of the property owner, Hilda C. Dill et al, to
rezone approximately 4.97 acres of land, Parcel ID: R01800-002-027-000, located along the western side of I-40,
opposite the end of Brookdale Drive, from I-2, Heavy Industrial, to R-10, Residential District.
Planner Julian Griffee provided information pertaining to location, land classification, access, transportation, and
zoning. He showed maps, aerials and photographs of the property and surrounding area and gave an overview of
the proposed application as referred to in the staff report.
Mr. Griffee stated that the applicant was proposing to rezone approximately 4.7 acres from I-2 to R-10. He
explained that the site had been zoned I-2 in the early 1970s. He stated the existing site is currently
10 | Page
undeveloped. He stated currently there is no access to the site, however upon full development access would
eventually be provided. He stated NCDOT has expressed that there would be no access given to I-40.
Mr. Griffee stated the property currently generated zero trips and the typical I-2 zoning with a building footprint
of approximately 10% of the site’s area, approximately 21,000 square feet of industrial usage, could generate
an estimate of approximately 15 a.m. peak trips and 14 p.m. peak trips. The proposed zoning district of R-10
could allow for up to 16 dwelling units which would generate an estimated 16 a.m. peak trips and 16 p.m. peak
trips, a net increase of one a.m. peak trips and two p.m. peak trips.
Mr. Griffee stated the proposed district provided for a transition from high-intensity adjacent interstate to
undeveloped and existing single-family dwellings in the vicinity of the subject property. He stated the intent of
the R-10 district was to serve as a transition between very low-density residential development patterns and
smaller lot, more dense residential areas of the county.
He stated the proposal was generally consistent with the recommendations of the Comprehensive Plan because
it provided typical small-scale development recommended in the General Residential place type and allows for
development more compatible with the adjacent undeveloped parcels and existing nearby single-family zoning
than typical development within the I-2 zoning district. He stated if the rezoning were approved, development
of the site would be subject to full technical review to ensure all land regulations were met.
Ms. Cindee Wolf, on behalf of Carolyn Faye Barefoot, provided a summary description of the proposed project. She
concurred with the information Mr. Griffee had presented.
Ms. Wolf stated that this proposal was for housekeeping purposes so that there would be no business zoning district
within the boundary.
Chair Petroff opened the hearing to those with questions or in opposition.
With no further opposition or questions, Chair Petroff closed the public hearing and opened to Board discussion.
After further discussion from the Board, Board Member Paul Boney made a MOTION, SECONDED by Board Member
Allen Pope to APPROVE the proposed rezoning to an R-10 district. The Board found it to be consistent with the
purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses
recommended for General Residential areas than the existing zoning. The Board also found APPROVAL of the
rezoning request reasonable and in the public interest because the densities and range of housing types allowed in
the proposed zoning district would support existing and future community-level nodes, and current I-2 zoning
designation would allow for industrial uses not recommended for General Residential areas.
The motion to approve the rezoning request carried 7-0
PRELIMINARY FORUM
Special Use Permit Request (S-611M) – Request by Joe Suleyman, Director of New Hanover County
Environmental Management, on behalf of New Hanover County, to modify an existing special use permit to
expand the existing sanitary landfill to include property located at 5124 US Hwy 421 N, east of US Highway 421
and north of the I-140 bypass in an I-2, Heavy Industrial zoning district.
Long Range Planner Marty Little provided information pertaining to location, land classification, access,
transportation, and zoning. He showed maps, aerials and photographs of the property and surrounding area and
gave an overview of the proposed application as referred to in the staff report.
Mr. Little explained that the site was zoned I-2 since 1974 and that the applicant was requesting a Special Use
Permit modification for approximately 8 acres to expand an existing sanitary land fill. He stated the applicant
had proposed two conditions of approval: 1. That the County would continue to work with the North Carolina
Natural Heritage Program to identify the extent of the significant plant or animal species on the subject parcel
and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when
11 | Page
species cannot be protected, 2. The County would work with the North Carolina Plant Conservation Program
to identify three habitat restoration areas.
Chair Petroff opened the public hearing and recognized the applicant.
Mr. Joe Suleyman, NHC Environmental Management Director, provided a summary description of the proposed
project. He concurred with the information Mr. Little had presented.
Mr. Suleyman stated the property approval would allow for expansion of the existing special use allowed. He stated
the proposed development was for future landfill disposal, infrastructure and operations or other support facilities
and/or buildings for the Environmental Management Department. He stated there was no traffic impact from the
expansion and operations would remain unchanged.
Chair Petroff opened the hearing to those with questions or in opposition.
Mr. Michael Tuczyuski, 5104 Hwy 421 N., spoke in opposition to the proposal expressing his concern of the property
being used for as a landfill disposal located in close to his property. He stated he currently had been dealing with the
odor and when the wind shifted, it could be unbearable at times. He stated it would be a detriment to his clients
and property value.
In response to Mr. Tuczyuski’s comment, Mr. Suleyman stated the intention was not to expand the existing landfill
closer to Hwy 421 as it would be counterproductive. He stated the intent was to relocate facilities that would be
displaced within the facility. He stated he was willing to add a condition placed on the approval that would prohibit
use for disposal.
With no further opposition or questions, Chair Petroff closed the public hearing and opened to Board discussion.
With no further questions, Mr. Little provided an overview of the decision-making procedures of the Board of
Commissioners for quasi-judicial cases and the next steps in the process
Chair Jeffrey Petroff adjourned the meeting at 10:09 p.m.
Please note that the above minutes are not a verbatim record of the New Hanover County Planning Board Meeting