HomeMy WebLinkAbout2022-12 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
Donna Girardot, Chair | Jeffrey B. Petroff, Vice-Chair
Colin J. Tarrant | Hansen Matthews | Clark Hipp | Walter “Pete” Avery | Kevin Hine
Rebekah Roth, Director| Ken Vafier, Planning Manager
DECEMBER 1, 2022, 5:00 PM
Call to Order
Pledge of Allegiance
Approval of Minutes
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 Wolf with Design Solutions, applicant, on behalf of Giovanni Ippolito and
Tanya Vlacancich, property owners, to rezone approximately 4.65 acres of land located at 6634
Carolina Beach Road from R-15, Residential to (CZD) RMF-M, Residential Multi-Family –
Moderate Density for a multi-family development.
2 Public Hearing
Request by Paramounte Engineering, applicant, on behalf of the Cornelius E Nixon Revocable
Trust, Cornelius Nixon Trust, and Nixon Associates, LLC, property owners, to rezone four
parcels totaling approximately 9.75 acres of land located at 7011 Ruth Avenue from B-2,
Regional Business and R-15, Residential to (CZD) RMF-M, Residential Multi-Family –
Moderate Density for a multi-family development.
3 Public Hearing
Request by Samuel Franck with Ward and Smith, P.A., applicant, on behalf of Wilmington
Development Group, Inc, property owner, to rezone approximately 7.63 acres of land located
at 147 Brentwood Drive from R-15, Residential to (CZD) R-5, Residential for a quadraplex and
triplex residential development.
4 Public Hearing
Rezoning Request (Z18-02M) - Request by Cindee Wolf with Design Solutions, applicant, on
behalf of Bailey & Fuller Properties, LLC, property owner, to modify the CZD zoning of two
parcels totaling approximately 3.44 acres of land located at 7887 Market Street from (CZD) B-2,
Regional Business and O&I, Office and Institutional to (CZD) B-2, Regional Business
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/1/2022
Regular
DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Senior Planner
CONTACT(S): Robert Farrell; Rebekah Roth, Planning & Land Use Director
SUBJECT:
Request by Cindee Wolf with Design Solu0ons, applicant, on behalf of Giovanni Ippolito and Tanya Vlacancich,
property owners, to rezone approximately 4.65 acres of land located at 6634 Carolina Beach Road from R-15,
Residen0al to (CZD) RMF-M, Residen0al Mul0-Family – Moderate Density for a mul0-family development.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 4.65 acres from R-15, Residen)al to the RMF-M, Residen)al Mul)-
family - Moderate Density zoning district. The applicant is proposing to construct a four-story mul)-family
development consis)ng of 78 units with a maximum building height of 50 feet.
The applicant's proposed conceptual plan includes 100-foot setbacks from adjacent residen)al uses, outdoor
ameni)es including as a swimming pool and pickleball courts, and indoor and outdoor parking. The development also
proposes a right-turn lane off Carolina Beach Road and a sidewalk extending from the mul)-family development to the
highway. In addi)on, the conceptual plan indicates 1.3 acres, approximately 30% of the site, will be preserved as open
space, exceeding the Unified Development Ordinance's (UDO's) requirement of 20% open space.
The maximum proposed building height is 50 feet. Under the proposed RMF-M zoning district, mul)-family dwellings
are allowed an addi)onal height allowance up to four stories provided they meet the addi)onal 100-foot setback
requirements from adjacent residen)al proper)es.
Mul)-family dwellings are required to provide 2 parking spaces for mul)-family units containing more than 2
bedrooms, totaling 156 required spaces for the proposed development. To offset the increased impervious surface
required by the 156 space parking requirement the proposed development includes a first-story parking garage.
The site is accessed by Carolina Beach Road, an NCDOT maintained Urban Principal Arterial highway. Access is right-in
/ right-out with a proposed right-turn lane to serve the development. The right-turn lane is a voluntary addi)on to the
development and will be subject to NCDOT requirements and permiAng.
The R-15 district in this area was established in 1971. At the )me, the purpose of the R-15 district was to ensure that
housing served by private sep)c and wells would be developed at low densi)es. Since that )me, public and private
water and sewer services have become available to the surrounding area; however, the Carolina Beach corridor
remains primarily zoned for low density housing.
While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residen)al
and commercial development such as the Myrtle Landing townhomes to the north and the Coral Ridge Subdivision to
the south of the subject site.
Planning Board - December 1, 2022
ITEM: 1
As currently zoned, the site would be permiDed up to 12 dwelling units at a density of 2.5 du/ac under the performance
development standards. The proposed 78 units equate to an overall density of 17 du/ac. To meet the proposed density
the development must connect to public water and sewer at the nearest connec)on to the south at Glenarthur Drive.
It is es)mated the site would generate approximately 11 AM and 14 PM trips during the peak hours if developed at the
permiDed density for performance development in the R-15 district. The proposed RMF-M development would
increase the es)mated number of peak hour trips by approximately 40 AM and PM trips.
The es)mated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance
requirement for a Traffic Impact Analysis (TIA).
The RMF-M district was established to provide lands that accommodate moderate density single and mul)-family
development. The intent of the district is to func)on as a transi)onal district between intensive nonresiden)al
development and higher density residen)al areas. The district is designed to provide a reasonable range of choice,
type, and loca)on of housing units.
The Comprehensive Plan classifies the property as Community Mixed Use, a land use classifica)on that promotes a
mix of retail, office, and residen)al development at moderate densi)es up to 15 units per acre and recommends
higher-intensity mixed use with first floor retail and office with housing above at a building height range of 1 to 3
stories.
While staff is generally suppor)ve of higher density used in this type of loca)on, the proposed rezoning request is
generally INCONSISTENT with the 2016 Comprehensive Plan because the proposed height of 4 stories and density of
17 units per acre exceeds the maximum development paDerns of the Community Mixed Use place type.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
I move to recommend DENIAL of the proposed rezoning. I find it to be INCONSISTENT with the purposes and
intent of the Comprehensive Plan because the proposed height and density of the development exceeds the
height and density recommended for the Community Mixed Use place type. I also find recommending DENIAL of
the rezoning request is reasonable and in the public interest because while mul)-family development acts as a
buffer for lower density residen)al development, and parking garages help reduce impervious surface limits on
projects, the overall scale of the proposed development would not be consistent with an)cipated paDerns of
development in the Carolina Beach Road corridor.
Alterna0ve Mo0on for Approval
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because while the proposed height and density of the development exceeds
those generally recommended for the Community Mixed Use place type, the number of stories containing
residen)al units does not exceed 3 and the height is mi)gated by increased setbacks from adjacent parcels. I find
recommending APPROVAL of the rezoning request is reasonable and in the public interest because it provides
an alterna)ve housing type that acts as a buffer for lower density residen)al and for the mi)ga)on of addi)onal
impervious surface on the site, contribu)ng to the kind of transi)onal development desired along highway
corridors.
Proposed Condi0ons:
1. Exterior ligh)ng, including luminaries and security lights, shall be arranged or shielded so as not to cast
Planning Board - December 1, 2022
ITEM: 1
illumina)on in an upward direc)on above an imaginary line extended from the light sources parallel to the
ground. Fixtures shall be numbered such that adequate levels of ligh)ng are maintained, but that light spillage
and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller
than twenty (20) feet.
2. The Pickleball court amenity shown on the concept plan may be used for other outdoor recrea)onal purposes.
The amenity area as shown on the concept plan must remain an amenity for use by residents of the
development and their guests.
3. The maximum height of the building shall not exceed 50 feet.
4. The proposed right turn lane must be approved and permiDed by NCDOT. Changes to the concept plan to meet
NCDOT requirements for the turn lane may be approved administra)vely by county staff.
ATTACHMENTS:
Descrip)on
Planning Board Script
Staff Report
Zoning Map
FLUM
Mailout Map
Application Cover Sheet
Application Materials
Concept Plan Cover Sheet
Concept Plan
Public Comment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 1, 2022
ITEM: 1
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z22-18)
Request by Cindee Wolf with Design Solutions, applicant, on behalf of Giovanni Ippolito and Tanya
Vlacancich, property owners, to rezone approximately 4.65 acres of land located at 6634 Carolina
Beach Road from R-15, Residential to (CZD) RMF-M, Residential Multi-Family – Moderate Density for
a multi-family development.
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. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on
the Board discussion and items presented during the public hearing, would you like withdraw
your petition, request a continuance, or proceed with a vote?
6. 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 Denial
I move to recommend DENIAL of the proposed rezoning. I find it to be INCONSISTENT with
the purposes and intent of the Comprehensive Plan because the proposed height and density
of the development exceeds the height and density recommended for the Community Mixed
Use place type. I also find recommending DENIAL of the rezoning request is reasonable and
in the public interest because while multi-family development acts as a buffer for lower density
residential development, and parking garages help reduce impervious surface limits on
projects, the overall scale of the proposed development would not be consistent with
anticipated patterns of development in the Carolina Beach Road corridor.
Planning Board - December 1, 2022
ITEM: 1 - 1 - 1
Alternative Motion for Approval
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because while the proposed height and
density of the development exceeds those generally recommended for the Community Mixed
Use place type, the number of stories containing residential units does not exceed 3 and the
height is mitigated by increased setbacks from adjacent parcels. I find recommending
APPROVAL of the rezoning request is reasonable and in the public interest because it provides
an alternative housing type that acts as a buffer for lower density residential and for the
mitigation of additional impervious surface on the site, contributing to the kind of transitional
development desired along highway corridors.
With the following Proposed Conditions:
1. Exterior lighting, including luminaries and security lights, shall be arranged or shielded
so as not to cast illumination in an upward direction above an imaginary line extended
from the light sources parallel to the ground. Fixtures shall be numbered such that
adequate levels of lighting are maintained, but that light spillage and glare are not
directed at adjacent property, neighboring areas, or motorists. Light posts shall be no
taller than twenty (20) feet.
2. The Pickleball court amenity shown on the concept plan may be used for other outdoor
recreational purposes. The amenity area as shown on the concept plan must remain an
amenity for use by residents of the development and their guests.
3. The maximum height of the building shall not exceed 50 feet.
4. The proposed right turn lane must be approved and permitted by NCDOT. Changes to
the concept plan to meet NCDOT requirements for the turn lane may be approved
administratively by county staff.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional RMF-L
district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the
Comprehensive Plan because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in
the public interest because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - December 1, 2022
ITEM: 1 - 1 - 2
Z22-18 Staff Report PB 12.1.2022 Page 1 of 18
STAFF REPORT FOR Z22-18
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z22-18
Request:
Rezoning to a Conditional RMF-M district
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions Giovanni Ippolito & Tanya Vlacancich
Location: Acreage:
6634 Carolina Beach Road 4.65
PID(s): Comp Plan Place Type:
R08200-001-036-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped 78 Unit Multi-Family Residential
Current Zoning: Proposed Zoning:
R-15, Residential (CZD) RMF-M
SURROUNDING AREA
LAND USE ZONING
North Religious Institution R-15
East Single-Family Residential R-15
South Single-Family Residential R-15
West Religious Institution and Single-Family Residential R-15
Planning Board - December 1, 2022
ITEM: 1 - 2 - 1
Z22-18 Staff Report PB 12.1.2022 Page 2 of 18
ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 4)
COMMUNITY SERVICES
Water/Sewer Water and sanitary sewer services are available through CFPUA by
extension of public utility mains
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Federal Point Station 19
Schools Ashley High School, Murray Middle School, Anderson Elementary School
Recreation Veterans Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation Developer delineated wetlands on the property.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - December 1, 2022
ITEM: 1 - 2 - 2
Z22-18 Staff Report PB 12.1.2022 Page 3 of 18
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Includes Staff Markups
• The applicant is proposing to construct a four-story multi-family development consisting of
78 units. The first floor is proposed for parking with the remaining three floors for the
dwelling units.
• The proposed maximum height is 50 feet.
• Under the proposed RMF-M zoning district, multi-family dwellings are allowed an additional
height allowance up to four stories provided they meet the additional 100-foot setback
requirements from adjacent residential properties.
• The applicant’s proposed conceptual plan includes 100-foot setbacks from adjacent
residential uses, outdoor amenities including a swimming pool and pickleball courts and
indoor and outdoor parking.
• The development also proposes a right turn lane off Carolina Beach Road and a sidewalk
extending from the multi-family development to the highway.
• In addition to required lighting standards listed in Section 5.5 of the UDO, the development
has proposed the following additional condition:
Proposed Right Turn Lane
Pickleball Courts
Multi-Family Dwelling
Planning Board - December 1, 2022
ITEM: 1 - 2 - 3
Z22-18 Staff Report PB 12.1.2022 Page 4 of 18
o Exterior lighting, including luminaries and security lights, shall be arranged or
shielded so as not to cast illumination in an upward direction above an imaginary
line extended from the light sources parallel to the ground. Fixtures shall be
numbered such that adequate levels of lighting are maintained, but that light
spillage and glare are not directed at adjacent property, neighboring areas, or
motorists. Light posts shall be no taller than twenty (20) feet.
• The applicant’s proposed conceptual plan indicates 1.3 acres, approximately 30% of the
site, will be preserved as open space, exceeding the UDO requirement of 20% open space.
ZONING CONSIDERATIONS
• The R-15 district in this area was established in 1971. At the time, the purpose of the R-15
district was to ensure that housing served by private septic and wells would be developed
at low densities. Since that time, public and private water and sewer services have become
available to the surrounding area; however, the Carolina Beach corridor remains primarily
zoned for low density housing.
• While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest
in higher density residential and commercial development such as the Myrtle Landing
townhomes to the north and the Coral Ridge Subdivision to the south of the subject site.
• As currently zoned, the site would be permitted up to 12 dwelling units at a density of 2.5
du/ac under the performance development standards. The proposed 78 units equate to an
overall density of 17 du/ac.
• The RMF-M district was established to provide lands that accommodate moderate density
single and multi-family development. The intent of the district is to function as a transitional
district between intensive nonresidential development and higher density residential areas.
The district is designed to provide a reasonable range of choice, type, and location of
housing units.
• The RMF-M district allows a maximum building height of 4 stories provided it meets the
standards of Section 3.1.3.C which requires 100-foot buffers from adjacent residential uses.
• The Unified Development Ordinance (UDO) does not prescribe a specific height per story,
however the maximum height of the proposed development is 50 feet.
• Multi-family dwellings are required to provide 2 parking spaces for multi-family units
containing more than 2 bedrooms, totaling 156 required spaces for the proposed
development.
• The proposed development includes a first-story parking garage to offset the increased
impervious surface required by the 156 parking space requirement.
• The UDO contains controls on exterior lighting on the site. The maximum illumination levels
at the common property line with the residential properties to the west shall not exceed 0.5-
foot candles and 1.0-foot candles at the northern property line adjacent to the religious
institution. The height of exterior light fixtures shall not exceed 25 feet and all exterior
luminaries shall be full cut-off fixtures that are directed downward. In no case shall lighting
be directed at or above a horizontal plane through the lighting fixture.
Planning Board - December 1, 2022
ITEM: 1 - 2 - 4
Z22-18 Staff Report PB 12.1.2022 Page 5 of 18
• A Type-A opaque buffer meeting the standards of Table 5.4.3.B.2 is required along the
western property line adjoining single-family development.
• To meet the proposed density the development must connect to public water and sewer at
the nearest connection to the south at Glenarthur Drive.
• If approved, the project would be subject to Technical Review Committee and Zoning
Compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
Planning Board - December 1, 2022
ITEM: 1 - 2 - 5
Z22-18 Staff Report PB 12.1.2022 Page 6 of 18
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - December 1, 2022
ITEM: 1 - 2 - 6
Z22-18 Staff Report PB 12.1.2022 Page 7 of 18
TRANSPORTATION
• Access is proposed to be provided to the subject property from Carolina Beach Road, a
NCDOT-maintained Urban Principal Arterial highway.
• Access is right-in/right-out on Carolina Beach Road with a proposed right-turn lane to serve
the development.
• The right-turn lane is a voluntary addition to the development and will be subject to NCDOT
requirements and permitting.
• While the property is approximately 4,000 feet south of a commercial center, the
requirement to travel south to a U-turn before moving north increases the travel distance to
nearby amenities to over a mile.
• As currently zoned, it is estimated the site would generate about 11 AM and 14 PM trips
during the peak hours if developed at the permitted density for performance development.
Planning Board - December 1, 2022
ITEM: 1 - 2 - 7
Z22-18 Staff Report PB 12.1.2022 Page 8 of 18
The proposed RMF-M development would increase the estimated number of peak hour trips
by approximately 40 AM and PM 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).
• As there is not a TIA associated with this project, the proposed right-turn lane will need to
be reviewed and approved by NCDOT prior to TRC approval.
• 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. However, the available volume to capacity data indicates
capacity currently exists in this area.
NCDOT Average Annual Daily Traffic (AADT) - 2021
Road Location Volume Capacity V/C
Carolina Beach Road Carolina Beach Road north
of Myrtle Grove Road 35,767 41,368 0.86
• The Wilmington Metropolitan Planning Organization (WMPO) collected traffic counts for
the area of Carolina Beach Road north of Myrtle Grove Road in April 2021. The Level of
Service (LOS) is rated D.
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development
under Current Zoning:
12 Single-Family
Dwellings –
Performance
Development
11 AM / 14 PM
Proposed Development: 78-unit multi-family
development 47 AM / 54 PM
Planning Board - December 1, 2022
ITEM: 1 - 2 - 8
Z22-18 Staff Report PB 12.1.2022 Page 9 of 18
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Planning Board - December 1, 2022
ITEM: 1 - 2 - 9
Z22-18 Staff Report PB 12.1.2022 Page 10 of 18
Nearby Traffic Impact Analyses:
Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Proposed Development Land Use/Intensity TIA Status
1. River Oaks • 108 Single-family
detached housing units
• TIA approved July 24, 2020
• 2021 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The TIS
recommended no improvements at any of the intersections.
Nearby Proposed Developments included within the TIA:
• None
Development Status: Development and improvements are currently under construction.
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or the Special Flood Hazard Area.
• The property is within the Lords Creek and Drains to ICW6 watersheds.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I (Suitable), Class II (Moderate Limitation), and Class III (Severe
Limitation) soils; however, the project is expected to be served by CFPUA if developed.
• The proposed concept plan has identified wetlands on the southwestern portion of the site.
The identified wetlands are outside the development area of the project and the applicant
has provided a 25-foot setback from the wetlands.
OTHER CONSIDERATIONS
Schools
• Students living in the proposed development would be assigned to Anderson Elementary
School, Murray Middle School, and Ashley High School. Students may apply to attend
public magnet, year-round elementary, or specialty high schools.
• A maximum of 12 dwelling units would be permitted under the current R-15 zoning base
density, and 78 units could potentially be developed under the proposed zoning for an
increase of 66 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 14 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.
Planning Board - December 1, 2022
ITEM: 1 - 2 - 10
Z22-18 Staff Report PB 12.1.2022 Page 11 of 18
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 the 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 elementary, 0 middle, 0 high)
Typical Development Under
Current Zoning 12 residential units Approximate** Total: 3
(1 elementary, 1 middle, 1 high)
Proposed Zoning 78 residential units Approximate** Total: 17
(7 elementary, 4 middle, 5 high)
*The current general student generation rate was calculated by dividing the New Hanover County public school student
enrollment for the 2022-2023 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 0.07 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.
• Since the residential components associated with the proposed rezoning are likely to have
a build-out date within 5 years per the Traffic Impact Analysis, staff has outlined existing
school capacity to provide a general idea of the potential impact on public schools.
• Staff has provided information on existing school capacity to provide a general idea of the
potential impact on public schools, but these numbers do not reflect any future capacity
upgrades.
School Enrollment* and Capacity** (2022-2023 School Year)
*Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year.
**Capacity calculations were determined based on the capacities for the 2022-2023 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.
Level
Total
NHC
Capacity
School
Projected
Enrollment of
Assignment
School
Capacity of
Assigned
School
w/Portables
Capacity of
Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 95% Snipes 420 502 84% None
Middle 108% Williston 841 688 122% None
High 93% New
Hanover 1584 1648 96% None
Planning Board - December 1, 2022
ITEM: 1 - 2 - 11
Z22-18 Staff Report PB 12.1.2022 Page 12 of 18
• The 2021 facility needs survey 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 ten 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 proposed RMF-M CZD zoning district would allow for an increase in housing diversity
and would allow those residents to utilize existing goods and services within one mile of the
subject property.
• The predominant housing type in the area is single family detached at 72%. Under the
proposed RMF-M district the site would allow for multi-family residential (apartments) and
increase housing type diversity by reducing the percentage of single family detached (72%
to 71%) and increase the percentage of multi-family units (10% to 11%).
• The subject property is located in the Veterans Park community area, where 61% of
residents currently live within one mile of a convenience (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 RMF-M
district would increase the number of residences within one mile of goods and services
(60.7% to 61.3%).
Planning Board - December 1, 2022
ITEM: 1 - 2 - 12
Z22-18 Staff Report PB 12.1.2022 Page 13 of 18
Representative Developments
Representative Developments of R-15:
Planning Board - December 1, 2022
ITEM: 1 - 2 - 13
Z22-18 Staff Report PB 12.1.2022 Page 14 of 18
Representative Developments of Multi-Family Apartments:
Amberleigh Shores in Ogden
Stephens Pointe in Porters Neck
Planning Board - December 1, 2022
ITEM: 1 - 2 - 14
Z22-18 Staff Report PB 12.1.2022 Page 15 of 18
Context and Compatibility
• The property is located adjacent to Carolina Beach Road with right-in / right-out access to
the highway.
• The property is located south of Veterans Park and the elementary, middle, and high schools
however there is no pedestrian infrastructure in place and all traffic must travel south
approximately 1,800 feet to a U-turn movement on Carolina Beach Road to travel north.
• The subject property is one of several undeveloped tracts along Carolina Beach Road and
acts as a buffer between the highway and lower density single-family development to the
west.
• Most of the surrounding land is either undeveloped or used for single-family development
and religious institutions.
• The subject property is bordered by the Lord’s Creek Subdivision to the west and a religious
institution to the north.
• Due to the size of the parcel and access onto Carolina Beach Road, the property is less
likely to be developed with lower density detached single family housing.
• The proposed concept plan positions a portion of the stormwater facilities closer to the
existing single-family homes to the south of the site, and 100-foot setbacks are required
from adjacent residential development.
• In addition to the setback and buffer requirements of the UDO, the applicant has agreed
to additional exterior lighting conditions to reduce the potential impact on neighboring
residential uses.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Planning Board - December 1, 2022
ITEM: 1 - 2 - 15
Z22-18 Staff Report PB 12.1.2022 Page 16 of 18
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 Comprehensive Plan designates this property as Community Mixed Use,
a land use classification that promotes a mix of retail, office, and residential
development at moderate densities up to 15 units per acre. This
classification is generally applied to areas intended as community-level
service nodes and / or transitions between lower density housing and higher
intensity development.
Community Mixed Use specifically identifies the Carolina Beach Road
corridor as appropriate for the place type and recommends higher-intensity
mixed use with first floor retail and office and housing above, with a
building height range of 1 to 3 stories. The place type also states areas
disconnected from mixed use centers may not be appropriate for increased
density.
The RMF-M district is intended to act as a transitional district between
residential and commercial development. The proposed project would
provide a buffer between the highway and single-family development.
However, the proposed density of 17 du/ac exceeds the 15 du/ac
recommended for the Community Mixed Use place type. In addition, the
proposed 4 story development also exceeds the height recommended in the
place type.
Consistency
Recommendation
The proposed rezoning request is generally INCONSISTENT with the 2016
Comprehensive Plan because the height and density proposed with the
development exceed those recommended by the Community Mixed Use
place type.
Planning Board - December 1, 2022
ITEM: 1 - 2 - 16
Z22-18 Staff Report PB 12.1.2022 Page 17 of 18
STAFF RECOMMENDATION
The Carolina Beach Road corridor has been designated as Community Mixed Use within the
Comprehensive Plan. The plan recommends a mix of commercial uses and residential housing types
that act as a transition between higher intensity and lower intensity development and identifies the
scale of the recommended development at not more than 3 stories and 15 du/ac.
The proposed development would act as a buffer between Carolina Beach Road and lower density
residential development to the west, and the applicant has provided an additional lighting condition
to mitigate potential adverse impacts on adjacent properties. While staff is generally supportive
of higher density uses in this type of location, the proposed height of 4 stories and density of 17
dwelling units per acre exceeds the recommended maximum development patterns for the
Community Mixed Use place type. As a result, Staff recommends denial of the request and
suggests the following motion:
I move to recommend DENIAL of the proposed rezoning. I find it to be INCONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed height
and density of the development exceeds the height and density recommended for the
Community Mixed Use place type. I also find recommending DENIAL of the rezoning
request is reasonable and in the public interest because while multi-family development
acts as a buffer for lower density residential development, and parking garages help
reduce impervious surface limits on projects, the overall scale of the proposed
development would not be consistent with anticipated patterns of development in the
Carolina Beach Road corridor.
Alternative Motion for Approval
I move to recommend APPROVAL of the proposed rezoning. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because while
the proposed height and density of the development exceeds those generally
recommended for the Community Mixed Use place type, the number of stories
containing residential units does not exceed 3 and the height is mitigated by increased
setbacks from adjacent parcels. I find recommending APPROVAL of the rezoning
request is reasonable and in the public interest because it provides an alternative
housing type that acts as a buffer for lower density residential and for the mitigation
of additional impervious surface on the site, contributing to the kind of transitional
development desired along highway corridors.
Proposed Conditions:
1. Exterior lighting, including luminaries and security lights, shall be arranged or
shielded so as not to cast illumination in an upward direction above an imaginary
line extended from the light sources parallel to the ground. Fixtures shall be
numbered such that adequate levels of lighting are maintained, but that light
spillage and glare are not directed at adjacent property, neighboring areas, or
motorists. Light posts shall be no taller than twenty (20) feet.
2. The Pickleball court amenity shown on the concept plan may be used for other
outdoor recreational purposes. The amenity area as shown on the concept plan must
remain an amenity for use by residents of the development and their guests.
3. The maximum height of the building shall not exceed 50 feet.
Planning Board - December 1, 2022
ITEM: 1 - 2 - 17
Z22-18 Staff Report PB 12.1.2022 Page 18 of 18
4. The proposed right turn lane must be approved and permitted by NCDOT. Changes
to the concept plan to meet NCDOT requirements for the turn lane may be approved
administratively by county staff.
Planning Board - December 1, 2022
ITEM: 1 - 2 - 18
Planning Board - December 1, 2022
ITEM: 1 - 3 - 1
Planning Board - December 1, 2022
ITEM: 1 - 4 - 1
Planning Board - December 1, 2022
ITEM: 1 - 5 - 1
Initial Application
Documents & Materials
Planning Board - December 1, 2022
ITEM: 1 - 6 - 1
Page 1 of 6
Conditional Zoning District Application – Updated 05-2021
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 ZONING APPLICATION
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
Wilmington, NC 28406
910-620-2374
cwolf@lobodemar.biz
P.O. Box 7221
Giovanni Ippolito & Tanya Vlacancich
154-30 Powells Cove Blvd.
917-881-0932
gianniendo@msn.com
Beechhurst, NY 11357
Planning Board - December 1, 2022
ITEM: 1 - 7 - 1
Page 2 of 6
Conditional Zoning District Application – Updated 05-2021
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.
6634 Carolina Beach Road 313206.37.2876 [R08200-001-036-000]
4.56 ac.+/-R-15 Community Mixed-Use
4.56 ac.
The proposed project is to develop seventy-eight (78) residential apartment units in three stories overa ground-floor parking level. Units will be a mix of 1, 2 & 3-bedrooms. Guest and overflow parking isprovided in a lot that will be screened from the highway by the building and streetscape plantings. Thebuilding height of fifty-feet (50') is being mitigated by expanded setbacks in excess of one-hundred feet(100'). The combination of screening fence, preservation of existing vegetation and supplementallandscaping will provide buffering between the more dense residential communtity and the adjacentsingle-family homes in Lords Creek.
Access is directly to Carolina Beach Road, with the improvement of a deceleration taper and turn laneinto the driveway.
Water & sanitary sewer services will be connected to the CFPUA system by extention of public utilitymains.
Stormwater management is planned to be addressed with a detention pond adjacent to the existingdrainageway for outlet.
CZD / RMF-M
Reference the site plan for layout and physical conditions.
Wtih the purpose of increasing density in certain district with the provision of "work-force housing,"the developer would commit 10% of the total units for a period no less than fifteen (15) years.The established rent limits for those units would be based upon the HUD's "high home" standard.
Exterior lighting, including luminaries and security lights, shall be arranged or shielded so asnot to cast illumination in an upward direction above an imaginary line extended from the lightsources parallel to the ground. Fixtures shall be numbered such that adequate levels oflighting are maintained, but that light spillage and glare are not directed at adjacent property,neighboring areas, or motorists. Light posts shall be no taller than twenty (20) feet.
Planning Board - December 1, 2022
ITEM: 1 - 7 - 2
Page 3 of 6
Conditional Zoning District Application – Updated 05-2021
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.
Mid-rise / Multi-family Housing (ITE - 221)
78 dwelling units
3123
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 for an alternative housing product in the area.
Planning Board - December 1, 2022
ITEM: 1 - 7 - 3
Page 4 of 6
Conditional Zoning District Application – Updated 05-2021
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 Comprehensive Plan was developed to set the general direction for future growth and re-development across the County, and identifies the corrdior along Carolina Beach Road as a CommunityMixed-Use place-type. Higher densities of residential development are appropriate based on directaccess to a major thoroughfare road, and to serve as transitions between the busy corridors and theless dense residential communities beyond.
The strategies for future land use suggest that smart growth should be inward & upward to limitimpervious surfaces and provide more greenspace within projects. Groundfloor parking within astructure is a compelling means for addressing that.
The limited density allowance for the R-15 zoning district is no longer supported when considering the housing gap of the community for the next ten years. A housing needsassessment for New Hanover County showed that this area was lacking a renter shareof households, in general. Multi-family rental, specifically, is totally lacking. The closest apartment complex is up on Sanders Road, and there is no other facility in the southernportion of the County. The study also reported that this area was an older population (55+)census block. Rental communities, such as the project proposed, provide an alternativehousing product for residents. Aged residents would be attracted to the safety & security ofa managed community with elevators and amenities. Pleasure Island service industry workerscould appreciate the closer proximity to their jobs.
Planning Board - December 1, 2022
ITEM: 1 - 7 - 4
Page 5 of 6
Conditional Zoning District Application – Updated 05-2021
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:
• $600 for 5 acres or less
• $700 for more than 5 acres
• $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
• 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.
• 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.
• All existing and proposed easements, required setbacks, rights-of-way, and
buffers.
• The location of Special Flood Hazard Areas.
• 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.
• Approximate location and type of stormwater management facilities
intended to serve the site.
• Approximate location of regulated wetlands.
• 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
CAW
CAW
CAW
n/a
x
x
CAW
x
CAW
CAW
CAW
Planning Board - December 1, 2022
ITEM: 1 - 7 - 5
Planning Board - December 1, 2022
ITEM: 1 - 7 - 6
Planning Board - December 1, 2022
ITEM: 1 - 7 - 7
Planning Board - December 1, 2022
ITEM: 1 - 7 - 8
Legal Description for
Conditional Zoning District Boundary
At 6634 Carolina Beach Road
Beginning at a point in the western boundary of Carolina Beach Road (U.S. Hwy. 421), a 160’
public right‐of‐way; said point being located northwardly 417.75’ along that western boundary
from its intersection with the centerline of Glenarthur Drive (S.R. 2346), a 50’ public right‐of‐
way shown on a plat entitled Lords Creek Subdivision – Section 1, and recorded among the land
records of the New Hanover County Registry in Map Book 36, at Page 190; and running thence
from the said point of beginning:
South 15044’09” West, 280.71 feet to a point; thence
North 67048’50” West, 414.02 feet to a point; thence
North 18052’49” West, 133.69 feet to a point; thence
North 01013’52” West, 162.27 feet to a point; thence
North 02058’08” West, 67.39 feet to a point; thence
South 89034’15” East, 435.90 feet to a point in the western boundary of Carolina Beach
Road; thence with that right‐of‐way,
South 17010’32” East, 250.07 feet to the point and place of beginning, containing 4.56
acres, more or less.
Planning Board - December 1, 2022
ITEM: 1 - 7 - 9
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Project Name: The Palm Grove – Carolina (6634 Carolina Beach Road)
Proposed Zoning: R-15 to CZD/RMF-M
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
July 18, 2022 . A copy of that written notice and site layout are also attached.
The meeting was held at the following time and place: Tuesday, August 2nd,
6:00 p.m.; at the Best Western Plus – Wilmington, 5600 Carolina Beach Road.
The persons in attendance at the meeting were: Reference attached sign-in list
The following issues were discussed at the meeting: Attendees were primarily from the Lords
Creek community. A brief presentation was given on the housing deficit in the County, and the
Recommendations of the Comprehensive Land Use Plan for higher density of development
along busy highway corridors like Carolina Beach Road. The layout of the plan was shown to
address how the building height would be mitigated by extended setbacks, fences & vegetated
buffer yards. Stormwater management requirements were explained.
Date: August 29, 2022
Applicant: Design Solutions
By: Cindee Wolf
Planning Board - December 1, 2022
ITEM: 1 - 7 - 10
Planning Board - December 1, 2022
ITEM: 1 - 7 - 11
Planning Board - December 1, 2022
ITEM: 1 - 7 - 12
Planning Board - December 1, 2022
ITEM: 1 - 7 - 13
Planning Board - December 1, 2022
ITEM: 1 - 7 - 14
ADJACENT PROPERTIES WITHIN 500' PERIMETER OF 6634 CAROLINA BEACH ROAD:
SUBJECT PROPERTY OWNER:
IPPOLITO GIOVANNI ET UX 15430 POWELLS COVE BLVD FLUSHING, NY 11357 6634 CAROLINA BEACH RD WILMINGTON
ADJACENT OWNERS: MAILING ADDRESS CITY / STATE / ZIP PROPERTY ADDRESS
BARTLEY STEVE W PAMELA B 6703 CHELWOOD CT WILMINGTON, NC 28412 6703 CHELWOOD CT WILMINGTON
BROWN RONALD P 568 BROADWATER RD ARNOLD, MD 21012 806 TANLAW CT WILMINGTON
BUOL CLARENCE J BEVERLY C 1046 MARSHSIDE WAY LELAND, NC 28451 6707 CHELWOOD CT WILMINGTON
CENATIEMPO RICHARD EILEEN 1123 PARK VIEW DR COVINA, CA 91724 900 GLENARTHUR DR WILMINGTON
CFPUA 235 GOV CENTER DR WILMINGTON, NC 28403 914 GLENARTHUR DR WILMINGTON
COLLINS EUGENE JR 314 TOULON DR WILMINGTON, NC 28405 6681 CAROLINA BEACH RD WILMINGTON
CONNER CASSANDRA S 812 MACKAY CT WILMINGTON, NC 28412 812 MACKAY CT WILMINGTON
CRAIG TRUST 814 MACKAY CT WILMINGTON, NC 28412 814 MACKAY CT WILMINGTON
DERRICK CHARLES A MARGUERITE R 6701 OLIVER CT WILMINGTON, NC 28412 6701 OLIVER CT WILMINGTON
DEWEY MICHAEL L 807 GLENARTHUR DR WILMINGTON, NC 28412 807 GLENARTHUR DR WILMINGTON
DIGBY CHARLES B RHEA M TRUSTEES 820 GLENARTHUR DR WILMINGTON, NC 28412 820 GLENARTHUR DR WILMINGTON
DRYE CLARENCE L ABIGAIL G 815 GLENARTHUR DR WILMINGTON, NC 28412 815 GLENARTHUR DR WILMINGTON
ESTABROOKS MARILYN M LIFE EST ETAL 901 GLENARTHUR DR WILMINGTON, NC 28412 901 GLENARTHUR DR WILMINGTON
FENDER DOROTHY 821 GLENARTHUR DR WILMINGTON, NC 28412 821 GLENARTHUR DR WILMINGTON
HANKS CHAPEL AME CHURCH 6562 CAROLINA BEACH RD WILMINGTON, NC 28403 6562 CAROLINA BEACH RD WILMINGTON
HESSE ARTHUR H KATHLEEN 6709 CHELWOOD CT WILMINGTON, NC 28412 6709 CHELWOOD CT WILMINGTON
KOURY MARVEL E 6706 CHELWOOD CT WILMINGTON, NC 28412 6706 CHELWOOD CT WILMINGTON
LASALLA THEODORE PATRICIA REV TRUST 114 WATERSFIELD RD LELAND, NC 28451 6600 OLIVER CT WILMINGTON
LORDS CREEK HOA INC PO BOX 2298 CAROLINA BEACH, NC 28428 6626 CAROLINA BEACH RD WILMINGTON
LORDS CREEK HOMEOWNERS ASSN PO BOX 2298 CAROLINA BEACH, NC 28428 908 GLENARTHUR DR WILMINGTON
MCCLUNEY YOLANDA R TONY M 606 RYE RIDGE RD CARY, NC 27519 6621 CAROLINA BEACH RD WILMINGTON
MCIRNEY KIMBERLY ROBERT 802 TANLAW CT WILMINGTON, NC 28412 802 TANLAW CT WILMINGTON
MCNEIL HENRY PORTER JR 6647 CAROLINA BEACH RD WILMINGTON, NC 28412 6647 CAROLINA BEACH RD WILMINGTON
METERKO TIMOTHY A KAREN J 809 GLENARTHUR DR WILMINGTON, NC 28412 809 GLENARTHUR DR WILMINGTON
MEYERSON KATHLEEN C ETAL 6702 CHELWOOD CT WILMINGTON, NC 28412 6702 CHELWOOD CT WILMINGTON
MITCHELL AMOS DWIGHT ETAL 4014 TROTTER RIDGE RD DURHAM, NC 27707 6673 CAROLINA BEACH RD WILMINGTON
MURCH STEVEN GEORGE DIANNA MARIE 810 MACKAY CT WILMINGTON, NC 28412 810 MACKAY CT WILMINGTON
MYRTLE GROVE COMMUNITY CENTER 6608 CAROLINA BEACH RD WILMINGTON, NC 28403 6608 CAROLINA BEACH RD WILMINGTON
MYRTLE GROVE COMMUNITY CENTER 6608 CAROLINA BEACH RD WILMINGTON, NC 28403 6604 CAROLINA BEACH RD WILMINGTON
MYRTLE GROVE HOLINESS 6601 CAROLINA BEACH RD WILMINGTON, NC 28403 6601 CAROLINA BEACH RD WILMINGTON
OAK GROVE CEMETERY INC 6602 CAROLINA BEACH RD WILMINGTON, NC 28403 6602 CAROLINA BEACH RD WILMINGTON
PACE MONICA B 904 GLENARTHUR DR WILMINGTON, NC 28412 904 GLENARTHUR DR WILMINGTON
PALADINO MARISSA ETAL 6704 CHELWOOD CT WILMINGTON, NC 28412 6704 CHELWOOD CT WILMINGTON
POPPE MICHELE H CHARLES S 805 GLENARTHUR DR WILMINGTON, NC 28412 805 GLENARTHUR DR WILMINGTON
QUARLES SANDRA S 803 GLENARTHUR DR WILMINGTON, NC 28412 803 GLENARTHUR DR WILMINGTON
RESTRICTED 123 ANYROAD DR WILMINGTON, NC 28409 6708 CHELWOOD CT WILMINGTON
RHOADS PETE MALLERNEE III TRUSTEES 808 TANLAW CT WILMINGTON, NC 28412 808 TANLAW CT WILMINGTON
RICK LEO J 819 GLENARTHUR DR WILMINGTON, NC 28412 819 GLENARTHUR DR WILMINGTON
ROMAN CATHOLIC DIOCESE RALEIGH 7200 STONEHENGE DR RALEIGH, NC 27613 6650 CAROLINA BEACH RD WILMINGTON
SANCTUARY CHURCH OF WILM PO BOX 2374 CAROLINA BEACH, NC 28428 6685 CAROLINA BEACH RD WILMINGTON
SANCTUARY CHURCH OF WILM PO BOX 2374 CAROLINA BEACH, NC 28428 6687 CAROLINA BEACH RD WILMINGTON
STEELE NANCY S 816 MACKAY CT WILMINGTON, NC 28412 816 MACKAY CT WILMINGTON
STEWART WILLIAM M MARTHA J 813 GLENARTHUR DR WILMINGTON, NC 28412 813 GLENARTHUR DR WILMINGTON
SUNDERLAND PRESTON J 804 TANLAW CT WILMINGTON, NC 28412 804 TANLAW CT WILMINGTON
SURFSIDE PROPERTIES LLC PO BOX 16470 WILMINGTON, NC 28409 6600 CAROLINA BEACH RD WILMINGTON
TICE JAMES N ETAL 817 GLENARTHUR DR WILMINGTON, NC 28412 817 GLENARTHUR DR WILMINGTON
TOBY THOMAS MARI K 6605 OLIVER CT WILMINGTON, NC 28412 6605 OLIVER CT WILMINGTON
TRACEY EILEEN 6705 CHELWOOD CT WILMINGTON, NC 28412 6705 CHELWOOD CT WILMINGTON
TRIPP CHRIS D 905 GLENARTHUR DR WILMINGTON, NC 28412 905 GLENARTHUR DR WILMINGTON
UNDENOMINATIONAL PENTECOSTAL 6622 CAROLINA BEACH RD WILMINGTON, NC 28403 6622 CAROLINA BEACH RD WILMINGTON
WALKER J DOUGLAS SUSAN J 6602 OLIVER CT WILMINGTON, NC 28412 6602 OLIVER CT WILMINGTON
WHISPERING PINES BAPTIST CHURCH 6547 CAROLINA BEACH RD WILMINGTON, NC 28412 6547 CAROLINA BEACH RD WILMINGTON
WRIGHT ARMOND ETAL 1220 6TH ST S WILMINGTON, NC 28401 6646 CAROLINA BEACH RD WILMINGTON
Planning Board - December 1, 2022
ITEM: 1 - 7 - 15
P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz
Notice of Meeting
July 18, 2022
To: Adjacent Property Owners
From: Cindee Wolf
Re: 6634 Carolina Beach Road
The owners of this property are proposing an exciting new multi‐dwelling community. The
development will include seventy‐eight (78) residential units in a building with ground floor parking,
elevators and an attractive amenity package. An exhibit of the site plan is attached.
Approval of a Conditional Zoning District allows particular uses to be established only in accordance
with a specific plan, standards and conditions pertaining to each individual development project.
The County requires that the developer hold a meeting for all property owners within 500 feet of the
tract boundary, and any and all 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 Tuesday,
August 2nd, 6:00 p.m., at the Best
Western Plus – Wilmington, 5600
Carolina Beach Road. If you prefer,
or cannot attend, you are also
welcome to contact me at
Tel. # 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 - December 1, 2022
ITEM: 1 - 7 - 16
Planning Board - December 1, 2022
ITEM: 1 - 7 - 17
Concept Plan
Planning Board - December 1, 2022
ITEM: 1 - 8 - 1
Planning Board - December 1, 2022
ITEM: 1 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 4
Planning Board - December 1, 2022
ITEM: 1 - 10 - 1
Farrell, Robert
From:mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joseph Leiteritz
<mvolkmar@nhcgov.com>
Sent:Sunday, November 20, 2022 2:46 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com;
Doss, Amy; Griffee, Julian; Dickerson, Zachary
Subject:Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd))
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Name
Joseph Leiteritz
Address
6704 Dorrington Drive
Wilmington, North Carolina 28412
United States
Map It
Email
leiteritzj@yahoo.com
Projects available for comment.
Planning Board - Z22-18 (6634 Carolina Beach Rd))
What is the nature of your comment?
Oppose project
Public Comment
Ms. Wolf,
On your application to the Planning and Development Committee for a permit on Parcel ID - 313206.37.2876 [R08200-001-036-
000] - 6634 Carolina Beach Road - you seemed to have an omission.
While you state that you will set aside 10% for Low Income Housing, you seem to have stated no maximum for Low Income
Housing allowed ? - Is it your intention to have the other 90% apartments rent at Wilmington Market Rate and are you willing to
have your books audited to reflect this ?
Additionally, you state that low income housing over 55 years old will be set aside. Will that be part of the 10% - some
clarification is definitely needed on what percentage of rents will be fully paid by the renters and/or funded by some other
government entities ?
Will you have a live-in Manager onsite ? - will you have custodial on-site full time that is responsible for
grounds/parking/maintenance ?
Respectfully - Joseph Leiteritz - Lords Creek Resident
Planning Board - December 1, 2022
ITEM: 1 - 10 - 2
Farrell, Robert
From:mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Nancy Steele
<mvolkmar@nhcgov.com>
Sent:Monday, November 21, 2022 2:38 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com;
Doss, Amy; Griffee, Julian; Dickerson, Zachary
Subject:Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd))
Attachments:public-comment-to-NHC-Planning.docx
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Name
Nancy Steele
Address
816 Mackay Ct.
Wilmington, NC 28412
United States
Map It
Email
nancysteele1@comcast.net
Projects available for comment.
Planning Board - Z22-18 (6634 Carolina Beach Rd))
What is the nature of your comment?
Oppose project
Public Comment
My name is Nancy Steele and I reside at 816 Mackay Ct in the Lord’s Creek Subdivision. I write to urge you to reject the
proposed plan of development for 6634 Carolina Beach Rd.
The proposed development fails to meet the needs of the surrounding community and will have a negative impact on properties
that abut this 4.65 acre lot. The developer proposes increased setbacks to mitigate the 4-story, 50 foot building height but this is
still wholly inadequate. At the public meeting, the owner tried to convince Lord’s Creek residents that were in attendance that
somehow a 10 foot buffer of vegetation would block the visual impact to our homes from the 50 foot tall towers next door. This is
just not realistic. The rendering provided by Design Solutions shows that the lot will be totally cleared of all trees except for
whatever vegetation will remain within approximately 10 ft. of the property line. The supplemental vegetation will be immature
plants and will provide no visual screening. The privacy fence she proposes is maybe 10 feet tall. Again, how will this provide
any visual screening for a 50 foot tall building?
The developer proposes light posts no taller than 20 feet in the parking lot which is located on the side of the lot which is next to
properties on Glenarthur Dr. Due to the topography of the lot which is slightly elevated above the lots on Glenarthur, effectively
20 feet may in effect be 24 feet. Please consider a height for light posts no higher than 12-15 feet. I fear my neighbors who back
up to the side of the lot with the parking lot will have this annoying light pollution to contend with every night.
This building is a complete departure from the design of the one and two story homes in every neighborhood for miles. I can’t
help but think it will increase a feeling of the hodge-podge of different businesses, residential homes, churches, etc. as you drive
down Carolina Beach Rd. As a developer and a designer, I would aim for a more consistent aesthetic with what is already there.
There are no 4 story apartment buildings as you travel on Carolina Beach for miles – until you get to the city of Wilmington. This
does not seem to be a very sensible in-fill plan.
The proposed development does not conform to the New Hanover County Future Land Use Plan for this location which is
Community Mixed Use. This is supposed to follow a design that promotes multi-modal travel, and this location does not have
any connection to sidewalks or bicycle lanes. So residents will need to have a car in order to live here. The property design
creates an island of one and two bedroom apartments with limited access to walking or recreation or any other activities.
Carolina Beach Rd at this location is unwalkable and unsafe for bicycling. In the New Hanover County Land Use Plan it
Planning Board - December 1, 2022
ITEM: 1 - 10 - 3
describes development intensity as moderate (only 2-3 stories) for multi-family residential dwellings.
The Community Mixed Use designation is to serve as a transition between the denser residential communities and the busy
corridors (Urban Mixed Use). It is a stretch to consider this location as a “transition zone to less dense residential communities
beyond”. This portion of Carolina Beach Rd is the “beyond area”. A transition zone as it exists would be much further north. All
the immediate areas surrounding this lot are less dense residential areas.
The lot size is just too small for the number of units the developer would like to build. Because the footprint of the building, the
parking lot, and the detention pond will take up 90% of the lot, there will be very little green space available to the residents on-
site. Again they will have to travel by car to access other recreation.
In light of the number of other projects under consideration for one and two bedroom apartments, if all these apartments are
built as proposed, it will create a huge increase in traffic along Carolina Beach Rd. Currently, there are traffic backups in front of
the Lord’s Creek entrance on any given Thursday afternoon during the summer months due to vacationers arriving at their
rentals. What happens, when Carolina Beach backs up, is that cars turn on Glenarthur Dr. and cut through to River Rd. to find
an alternate north or south route. We already have a problem on Glenarthur Dr. with speeding. I have neighbors that have had
their mailboxes knocked down by people barreling down this narrow, curving neighborhood street. I have experienced a sense
of extreme caution when crossing the street in front of my house because of the blind curves and people driving too fast. It
creates a situation where you better get across the street quickly or you may be hit!
The cumulative effect of all the apartments that will be built on Carolina Beach Rd will create a greater traffic hazard on
Glenarthur Rd.
Another area of concern is the proposed retention pond. Will it exacerbate flooding during extreme rain events? What will h
Upload supporting files
public-comment-to-NHC-Planning.docx
Planning Board - December 1, 2022
ITEM: 1 - 10 - 4
Mr. Robert Farrell
New Hanover County Planner
x7164
RE: Public Comment - Rezoning request for 6634 Carolina Beach Rd
Dear Mr. Farrell:
My name is Nancy Steele and I reside at 816 Mackay Ct in the Lord’s Creek Subdivision. I write to urge
you to reject the proposed plan of development for 6634 Carolina Beach Rd.
The proposed development fails to meet the needs of the surrounding community and will have a
negative impact on properties that abut this 4.65 acre lot. The developer proposes increased setbacks
to mitigate the 4-story, 50 foot building height but this is still wholly inadequate. At the public meeting,
the owner tried to convince Lord’s Creek residents that were in attendance that somehow a 10 foot
buffer of vegetation would block the visual impact to our homes from the 50 foot tall towers next door.
This is just not realistic. The rendering provided by Design Solutions shows that the lot will be totally
cleared of all trees except for whatever vegetation will remain within approximately 10 ft. of the
property line. The supplemental vegetation will be immature plants and will provide no visual
screening. The privacy fence she proposes is maybe 10 feet tall. Again, how will this provide any visual
screening for a 50 foot tall building?
The developer proposes light posts no taller than 20 feet in the parking lot which is located on the side
of the lot which is next to properties on Glenarthur Dr. Due to the topography of the lot which is slightly
elevated above the lots on Glenarthur, effectively 20 feet may in effect be 24 feet. Please consider a
height for light posts no higher than 12-15 feet. I fear my neighbors who back up to the side of the lot
with the parking lot will have this annoying light pollution to contend with every night.
This building is a complete departure from the design of the one and two story homes in every
neighborhood for miles. I can’t help but think it will increase a feeling of the hodge-podge of different
businesses, residential homes, churches, etc. as you drive down Carolina Beach Rd. As a developer and
a designer, I would aim for a more consistent aesthetic with what is already there. There are no 4 story
apartment buildings as you travel on Carolina Beach for miles – until you get to the city of Wilmington.
This does not seem to be a very sensible in-fill plan.
The proposed development does not conform to the New Hanover County Future Land Use Plan for this
location which is Community Mixed Use. This is supposed to follow a design that promotes multi-modal
travel, and this location does not have any connection to sidewalks or bicycle lanes. So residents will
need to have a car in order to live here. The property design creates an island of one and two bedroom
apartments with limited access to walking or recreation or any other activities. Carolina Beach Rd at this
location is unwalkable and unsafe for bicycling. In the New Hanover County Land Use Plan it describes
development intensity as moderate (only 2-3 stories) for multi-family residential dwellings.
The Community Mixed Use designation is to serve as a transition between the denser residential
communities and the busy corridors (Urban Mixed Use). It is a stretch to consider this location as a
“transition zone to less dense residential communities beyond”. This portion of Carolina Beach Rd is the
Planning Board - December 1, 2022
ITEM: 1 - 10 - 5
“beyond area”. A transition zone as it exists would be much further north. All the immediate areas
surrounding this lot are less dense residential areas.
The lot size is just too small for the number of units the developer would like to build. Because the
footprint of the building, the parking lot, and the detention pond will take up 90% of the lot, there will
be very little green space available to the residents on-site. Again they will have to travel by car to
access other recreation.
In light of the number of other projects under consideration for one and two bedroom apartments, if all
these apartments are built as proposed, it will create a huge increase in traffic along Carolina Beach Rd.
Currently, there are traffic backups in front of the Lord’s Creek entrance on any given Thursday
afternoon during the summer months due to vacationers arriving at their rentals. What happens, when
Carolina Beach backs up, is that cars turn on Glenarthur Dr. and cut through to River Rd. to find an
alternate north or south route. We already have a problem on Glenarthur Dr. with speeding. I have
neighbors that have had their mailboxes knocked down by people barreling down this narrow, curving
neighborhood street. I have experienced a sense of extreme caution when crossing the street in front of
my house because of the blind curves and people driving too fast. It creates a situation where you
better get across the street quickly or you may be hit!
The cumulative effect of all the apartments that will be built on Carolina Beach Rd will create a greater
traffic hazard on Glenarthur Rd.
Another area of concern is the proposed retention pond. Will it exacerbate flooding during extreme rain
events? What will happen when we have a major Hurricane and 20 to 30 inches of rain comes down in a
short period of time? Many residents of Chelwood Ct. reported the creek rose dangerously high during
Hurricane Florence and into their backyards, and the bridge at the entrance to Lord’s Creek had to be
inspected after the storm because there was evidence that the road had been undermined. Will the
retention pond create a concentrated flow of water further downstream, such that Lord’s Creek
properties that back up to the creek will experience flooding and possible damage to their homes?
One of the proposed conditions of the rezoning would be a provision for Work Force Housing. The
developer during her public meeting mentioned “The Bowen Report” as supporting the need for Work
Force Housing as regards this property. However, having read the Bowen Report, I fail to see that the
conclusions of the Bowen Report would support this development.
The true need identified by Bowen was for affordable housing for retirees but it supported an unmet
need for affordable, quality home ownership. Most retirees relocating to Wilmington would be looking
for affordable homes to buy, not rent.
For Work Force housing the location should be near a major employer such as a hospital, college, or
other industrial or commercial employer. This location is remote from large employers. WFH should be
a secondary consideration to other detrimental effects due to the design of the building.
The housing gap in the community over the next ten years is not for more apartments. It is for
affordable home ownership as supported by the Bowen report. Rental housing in the immediate area is
not as the developer states in her application. She claims the closest rental housing is “up on Sanders
Rd”. This is not true. There is a 200 to 300 unit apartment complex on Halyburton Memorial Parkway,
Planning Board - December 1, 2022
ITEM: 1 - 10 - 6
less than a mile away from the proposed development. These are one, two and three bedroom
apartments that would be desirable for a family.
In comparison to the 6634 Carolina Beach property, this development on Halyburton is on sufficient
acreage to provide a buffer between the apartment buildings and the surrounding single family homes.
It is also connected by sidewalks so residents can walk to parks and the river or even to a shopping
center on Carolina Beach Rd. This is the kind of apartment living that would be far superior to what the
developer proposes.
The developer stated that the vast majority of units will be one bedroom units which certainly does not
support a family living situation. It seems like this would be more targeted to single people.
In her conclusion, the developer states that her project would attract “aged residents”. As someone
who could be classified as “aged”, I can affirm nothing would be more unattractive. She mentions
another demographic living in the building which would be Pleasure Island service industry workers.
Seriously – do you think retired people would find it desirable to live in a building with younger “20
something” service workers? I can imagine the noise created by bartenders and waitresses coming
home at 2 or 3 AM. Busy elevators and noisy hallways are not conducive to a harmonious and peaceful
living situation if higher density living is part of the mix. It would be better to produce townhouses or
small patio homes so that people have privacy and breathing space.
I think New Hanover County Planning can come up with a much better use for this property which will
support the true future housing gap projected for Wilmington and be executed in a way that it is a net
positive for the surrounding residents.
Please reject the current proposal for 6634 Carolina Beach Rd.
Planning Board - December 1, 2022
ITEM: 1 - 10 - 7
Farrell, Robert
From:mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joseph Leiteritz
<mvolkmar@nhcgov.com>
Sent:Monday, November 21, 2022 11:45 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com;
Doss, Amy; Griffee, Julian; Dickerson, Zachary
Subject:Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd))
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Name
Joseph Leiteritz
Address
6704 Dorrington Drive
Wilmington, North Carolina 28412
United States
Map It
Email
leiteritzj@yahoo.com
Projects available for comment.
Planning Board - Z22-18 (6634 Carolina Beach Rd))
What is the nature of your comment?
Oppose project
Public Comment
How many apartments will be 1 bedroom ? - 2 bedroom ? - 3 bedroom ?
Will there be parking stickers handed out for each car ? - will each car that is allowed to park there be registered with
management ? - who will monitor this ?
how will you attempt to park ( estimated residents ) ??? - assuming every resident has at least 1 car ? in 70 spaces ? and that
count includes guest parking ? - please note that public transportation is awful in New Hanover County compared to New York.
Respectfully - Denise Leiteritz
Planning Board - December 1, 2022
ITEM: 1 - 10 - 8
Farrell, Robert
From:mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joseph Leiteritz
<mvolkmar@nhcgov.com>
Sent:Tuesday, November 22, 2022 6:30 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com;
Doss, Amy; Griffee, Julian; Dickerson, Zachary
Subject:Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd))
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Name
Joseph Leiteritz
Address
6704 Dorrington Drive
Wilmington, North Carolina 28412
United States
Map It
Email
leiteritzj@yahoo.com
Projects available for comment.
Planning Board - Z22-18 (6634 Carolina Beach Rd))
What is the nature of your comment?
Oppose project
Public Comment
Dear Committee,
The tenant parking which appears to be about 70 spots, which does NOT include guest parking, is totally inadequate.
The applicant states they want 78 Apartment Units
The New Hanover County Law is 1.5 spaces for a 1 bedroom apartment, 2 spaces for a 2 bedroom apartment, and 2.25 spaces
for a 3 bedroom apartment.
Are parking spots going to be numbered to lawfully reflect this ? - If so - the count is way, way, short.
This will clearly cause a parking congestion nightmare for the residents, but may also have the potential to overflow out on to
Carolina Beach Road causing potential accidents and traffic nightmares.
This stopped the project a few months ago at the The Carolinian Inn and should be all the reason to stop this project.
Respectfully - Joseph Leiteritz
Planning Board - December 1, 2022
ITEM: 1 - 10 - 9
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/1/2022
Regular
DEPARTMENT: Planning PRESENTER(S): Julian Griffee, Current Planner
CONTACT(S): Julian Griffee; Rebekah Roth, Planning & Land Use Director
SUBJECT:
Request by Paramounte Engineering, applicant, on behalf of the Cornelius E Nixon Revocable Trust, Cornelius
Nixon Trust, and Nixon Associates, LLC, property owners, to rezone four parcels totaling approximately 9.75 acres
of land located at 7011 Ruth Avenue from B-2, Regional Business and R-15, Residen>al to (CZD) RMF-M,
Residen>al Mul>-Family – Moderate Density for a mul>-family development.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 9.75 acres at 7011 Ruth Avenue, 7032 Ruth Avenue, 7001 Market
Street, and 7035 Market Street from B-2, Regional Business and R-15, Residen3al to (CZD) RMF-M, Condi3onal
Residen3al Mul3-Family - Moderate Density. The proposed development consists of 2 mul3-family residen3al
structures containing 144 units, a leasing center/amenity space, and associated parking and stormwater.
The zoning districts for the subject sites, B-2 and R-15, were established in 1972. At the 3me, the purpose of the R-15
district was to ensure that housing served by private sep3c and wells would be developed at low densi3es. The B-2
district was applied in places where commercial already existed or were an3cipated. Since that 3me, water and sewer
services have become available to the surrounding area and the area has become more urbanized; however, the
Market Street corridor remains primarily zoned for business uses and a variety of residen3ally zoned proper3es of
varying intensi3es.
The purpose of the RMF-M, Mul3-Family Residen3al District is to provide lands that accommodate moderate density
single-family and mul3-family development, and serve as a transi3onal district between intensive nonresiden3al
development and higher density residen3al areas.
The proposed 144-unit development equates to a density of 14.77 units per acre. The RMF-M district allows up to 17
units per acre by-right.
Four story mul3-family structures are subject to farther setbacks from property lines of parcels that accommodate
exis3ng single-family dwellings. The proposed structures are separated from single-family residen3al by a leasing
office, access drive, and power line easement.
The subject property is located along one of the county’s more densely developed corridors and in between the City of
Wilmington and the Kirkland – Porters Neck commercial node.
T he Market Street Corridor has seen a shiC from lower density uses to more intense, compact, and denser
developments.
The parcel has access to Ruth Avenue and Market Street. Primary access is proposed to be provided to the subject
property from Ruth Avenue, a private right-of-way to be maintained by the developer, to the north. Ruth Avenue
connects to Ogden Park Drive. Secondary access is to be provided by a roadway connec3ng the proposed
Planning Board - December 1, 2022
ITEM: 2
development to Market Street, an NCDOT major arterial roadway, to the east. It is an3cipated that this secondary
access will be a right in, right out only, per the applicant.
T he es3mated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance
requirement for a Traffic Impact Analysis (TIA). The exis3ng site accommodates a single-family dwelling, which is
es3mated to generate approximately 1 AM peak hour and 1 PM peak hour trip.
The trips generated from the requested B-2 por3on of the property would vary based on the proposed uses within this
district. It is es3mated that 9.09 acres of property zoned B-2 can generally support approximately 71,300 square feet
of tradi3onal general retail uses based on a typical 18% building area for this type of zoning. As an example, a
development of a 71,300 square foot supermarket, a permissible use within the B-2 zoning district, is es3mated to
generate about 252 AM and 644 PM peak hour trips.
Based on a generalized historic genera3on rate, staff would es3mate that the increase in homes would result in
approximately 32 addi3onal students than would be generated under current zoning.
Given the commercial development fron3ng the Market Street corridor to the south and the extension of Military
Cutoff to the west, the proposed mul3-family development could be an appropriate transi3on between those heavily
traveled corridors and the single-family residen3al uses along Ruth Avenue rather than uses possible within the exis3ng
B-2 zoning.
Required setbacks are placed to limit the level of impacts along the property boundaries and are con3ngent on the
type and scale of development located on this parcel. The applicant has posi3oned the proposed mul3-family
structures to be setback 100’ from the residen3al uses along Ruth Avenue.
Transi3onal buffers also serve as a mi3ga3on method to limit impacts on adjacent uses. The applicant has provided a
landscape buffer along the property line between the mul3-family residen3al structure and the exis3ng single-family
dwelling.
The Comprehensive Plan classifies the property as Urban Mixed Use, which promotes development of a mix of
residen3al, office, and retail uses at higher densi3es. This classifica3on intends for moderate to high densi3es while
also providing a transi3on between the exis3ng lower density housing and higher intensity commercial uses along
heavily traveled roadway corridors, such as the Market Street Corridor. The proposed RMF-M zoning is generally
CONSISTENT with the 2016 Comprehensive Plan because the project is in line with the preferred density range of the
Urban Mixed Use place type, promotes the mixture of uses recommended within the Urban Mixed Use place type.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The proposal is located along a major arterial roadway between the Kirkland – Porters Neck Commercial Node and
the City of Wilmington where uses have shiCed from low density residen3al and smaller scale businesses into
developments that are more compact, of higher density, and of higher intensity. The proposal could also serve as an
appropriate transi3on between the heavily traveled Market Street Corridor and the future Military Cutoff Extension to
the abuKng, less intense land uses. Because this proposal is in line with the Comprehensive Plan recommenda3ons for
this area, is similar in form and density to other projects, such as Amberleigh Shore and The Park at Three Oaks,
located along this por3on of the Market Street corridor, and could serve as an appropriate transi3on between the less
intense land uses and the roadway corridors, staff recommends approval of this applica3on and suggests the
following mo3on:
Planning Board - December 1, 2022
ITEM: 2
I move to recommend AP PROVAL of the proposed rezoning to a (CZD) RMF-M district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the
types and mixture of uses recommended in the Urban Mixed Use place type and the residen3al densi3es are
in-line with those recommended for the property. I also find recommending APPROVAL of the rezoning
request is reasonable and in the public interest because the proposal would benefit the community by providing
a transi3on between the exis3ng land uses along Ruth Avenue, the roadway to the west, and the commercial
uses to the south, and will provide addi3onal housing in close proximity to exis3ng and future commercial
development in between the City of Wilmington and the Kirkland – Porters Neck Commercial Node.
Alterna>ve Mo>on for Denial
I move to recommend DENIAL of the proposed rezoning to a (CZD) RMF-M district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for
the types and mixture of uses recommended in the Urban Mixed Use place type and the residen3al
densi3es are in-line with those recommended for the property, I find recommending DENIAL of the
rezoning request is reasonable and in the public interest because the proposal is not consistent with the
desired character of the surrounding community and the density will adversely impact the adjacent
neighborhoods.
ATTACHMENTS:
Descrip3on
Z22-21 - Script PB Final
Z22-21 - Staff Report PB Final
Z22-21 - Zoning
Z22-21 - FLUM
Z22-21 - Mailout Map
Initial Application Cover Sheet
Application Package PB
Concept Plan Cover Sheet
Z22-21 - Concept Plan
Public Comments Cover Sheet
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 1, 2022
ITEM: 2
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z22-21)
Request by Paramounte Engineering, applicant, on behalf of the Cornelius E Nixon Revocable Trust,
Cornelius Nixon Trust, and Nixon Associates, LLC, property owners, to rezone four parcels totaling
approximately 9.75 acres of land located at 7011 Ruth Avenue from B-2, Regional Business and R-
15, Residential to (CZD) RMF-M, Residential Multi-Family – Moderate Density for a multi-family
development.
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)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on
the Board discussion and items presented during the public hearing, would you like withdraw
your petition, request a continuance, or proceed with a vote?
6. 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 rezoning to a (CZD) RMF-M district. I find
it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provides for the types and mixture of uses recommended in the Urban Mixed Use place
type and the residential densities are in-line with those recommended for the property. I also
find recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the proposal would benefit the community by providing a transition between the
existing land uses along Ruth Avenue, the roadway to the west, and the commercial uses to the
south, and will provide additional housing in close proximity to existing and future commercial
development in between the City of Wilmington and the Kirkland – Porters Neck Commercial
Node.
Planning Board - December 1, 2022
ITEM: 2 - 1 - 1
Example Motion for Denial
I move to recommend DENIAL of the proposed rezoning to a (CZD) RMF-M district. While I
find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provides for the types and mixture of uses recommended in the Urban Mixed Use place
type and the residential densities are in-line with those recommended for the property, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because
the proposal is not consistent with the desired character of the surrounding community and the
density will adversely impact the adjacent neighborhoods.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional (CZD)
RMF-M district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the
Comprehensive Plan because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in
the public interest because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - December 1, 2022
ITEM: 2 - 1 - 2
Z22-21 Staff Report PB 12.1.2022 Page 1 of 19
STAFF REPORT FOR Z22-21
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z22-21
Request:
Rezone 9.75 acres to (CZD) R-5, Conditional Residential District
Applicant: Property Owner(s):
Paramounte Engineering, Inc
Cornelius Nixon Trust B (7011 Ruth Avenue);
Cornelius E Nixon Rev Trust, LLC (7032 Ruth
Avenue); Nixon Associates, LLC (7001 & 7035
Market Street)
Location: Acreage:
7011 Ruth Avenue, 7032 Ruth Avenue, 7001
Market Street, & 7035 Market Street 9.75 acres
PID(s): Comp Plan Place Type:
R04409-004-006-000; R04409-004-004-
000; R04400-002-008-000; R04400-002-
016-000
Urban Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped, Utilities, Residential 144-Unit Multi-Family Residential Development
Current Zoning: Proposed Zoning:
B-2, Business District & R-15, Residential
District
(CZD) RMF-M, Residential Multi-Family –
Moderate Density
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential, Utilities, Ogden Park R-15
East Single-Family Residential, Market Street ROW R-15
South Enoch Chapel Baptist Church, Commercial Uses,
Market Street ROW B-2
West Military Road Cutoff Extension ROW N/A
Z22-21
Market Street
Planning Board - December 1, 2022
ITEM: 2 - 2 - 1
Z22-21 Staff Report PB 12.1.2022 Page 2 of 19
ZONING HISTORY
July 7, 1972 Initially zoned B-2 & R-15 (Area 8B)
COMMUNITY SERVICES
Water/Sewer Water and sewer services are available through CFPUA
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Ogden Station
Schools Blair Elementary, Trask Middle, and New Hanover High Schools
Recreation Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Z22-21
Planning Board - December 1, 2022
ITEM: 2 - 2 - 2
Z22-21 Staff Report PB 12.1.2022 Page 3 of 19
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Proposed Site Plan with Staff Markups
• The applicant is proposing to rezone approximately 9.75 acres across four parcels to (CZD)
RMF-M to construct a 144-unit multi-family housing development at a density of 14.77 units
per acre. The proposed plan also includes associated parking, a leasing office, common
amenities, and a stormwater management pond.
• The proposed development consists of 2 multi-family, 4-story buildings on the parcels, which
directly abut a variety of uses, including the Enoch Chapel Baptist Church, a power station,
existing single-family dwellings, Ruth Avenue, and Ogden Park.
• The community amenity and leasing office is located between Ruth Avenue and the
proposed access from Market Street and abuts a single-family dwelling.
• The stormwater infiltration basin of the development is proposed in the central portion of
the subject site, between the multi-family structures and the adjacent retail uses.
• Utility easements and open space are indicated along the portion of the project adjacent
to the Military Cutoff Extension project.
• Parking associated with the development is proposed along portions of the site abutting
Ruth Avenue and the R-15 zoned parcels where the power station is located.
Stormwater Basin
Access onto Market Street
Access onto Ruth Avenue
Amenity/Leasing Office
Planning Board - December 1, 2022
ITEM: 2 - 2 - 3
Z22-21 Staff Report PB 12.1.2022 Page 4 of 19
ZONING CONSIDERATIONS
• The zoning districts for the subject sites, B-2 and R-15, were established in 1972. At the
time, the purpose of the R-15 district was to ensure that housing served by private septic
and wells would be developed at low densities. The B-2 district was applied in places where
commercial uses already existed or were anticipated. Since that time, water and sewer
services have become available to the surrounding area and the area has become more
urbanized; however, the Market Street corridor remains primarily zoned for business uses
and a variety of residentially zoned properties of varying intensities.
• The purpose of the RMF-M, Multi-Family Residential District is to provide lands that
accommodate moderate density single-family and multi-family development, and serve as
a transitional district between intensive nonresidential development and higher density
residential areas.
• The proposed 144-unit development equates to a density of 14.77 units per acre. The
RMF-M district allows up to 17 units per acre by-right.
• Four story multi-family structures are subject to farther setbacks from property lines of
parcels that accommodate existing single-family dwellings. The proposed structures are
separated from single-family residential by a leasing office, access drive, and power line
easement.
• If approved, the project would be subject to Technical Review Committee and Zoning
Compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
Planning Board - December 1, 2022
ITEM: 2 - 2 - 4
Z22-21 Staff Report PB 12.1.2022 Page 5 of 19
AREA SUBDIVISIONS UNDER DEVELOPMENT
Military Cutoff
Extension
Planning Board - December 1, 2022
ITEM: 2 - 2 - 5
Z22-21 Staff Report PB 12.1.2022 Page 6 of 19
TRANSPORTATION
• Access is proposed to be provided to the subject property from Ruth Avenue, a private
right-of-way to be maintained by the developer, to the north. Ruth Avenue connects to
Ogden Park Drive. Secondary access is to be provided by a roadway connecting the
proposed development to Market Street, an NCDOT major arterial roadway, to the east.
It is anticipated that this secondary access will be a right in, right out only, per the applicant.
• The trips generated from the requested B-2 portion of the property would vary based on
the proposed uses within this district. It is estimated that 9.09 acres of property zoned B-2
can generally support approximately 71,300 square feet of traditional general retail uses
based on a typical 18% building area for this type of zoning. As an example, a
development of a 71,300 square foot supermarket, a permissible use within the B-2 zoning
district, is estimated to generate about 252 AM and 644 PM peak hour 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).
Planning Board - December 1, 2022
ITEM: 2 - 2 - 6
Z22-21 Staff Report PB 12.1.2022 Page 7 of 19
• 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.
WMPO Daily Traffic – 7/6/2021
Road Location Volume Capacity V/C
Market Street
Between Middle Sound
Loop Road and Ogden Park
Road
58,765 37,231 1.58
• 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 improvement required through the NCDOT driveway permitting process.
Intensity Approx. Peak Hour Trips
Existing Development
on R-15 Zoning:
1 Single-family
Dwelling 1 AM / 1 PM
Typical Development under
Current B-2 Zoning:
71,300 SF
Supermarket 252 AM / 644 PM
Proposed Development:
Multifamily Housing, Mid-
Rise (ITE Code 221):
144 Dwelling Units 52 AM / 57 PM
Planning Board - December 1, 2022
ITEM: 2 - 2 - 7
Z22-21 Staff Report PB 12.1.2022 Page 8 of 19
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Z22-21
Planning Board - December 1, 2022
ITEM: 2 - 2 - 8
Z22-21 Staff Report PB 12.1.2022 Page 9 of 19
Nearby NC STIP Projects:
• STIP Project U-4902C, U-4902D – Market Street Improvements
o Project for access management improvements from N. College Road to Station Road
and from Middle Sound Loop Road to the Mendenhall Drive/Marsh Oaks Drive
intersection.
o Install a center median and pedestrian accessways along Market Street from Middle
Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a
10-foot multi-use path on the eastern side of the street, and a 5-foot sidewalk on
the western side of the street.
o The project is currently under construction and is expected to be completed by early-
2023.
• STIP Project U-6202 – Gordon Road Widening
o Project widening Gordon Road from Market Street to I-40. Right-of-Way and
Utilities taking place in FY 2022.
• STIP Project U-4751, U-4751A – Military Cutoff Extension
o Project to extend Military Cutoff from Market Street to I-140.
o The project is currently under construction and is expected to be completed in early-
2023.
o The project will also install a sidewalk and multi-use path along the extension of
Military Cutoff and the sections of Market Street included in the project.
• STIP Project EB-6027 – Multi-Use Path
o Project constructing a multi-use path south of Market Street from Red Cedar Road
to existing trail at the corner of Market Street and Middle Sound Loop Road.
Construction taking place in FY 2023.
Planning Board - December 1, 2022
ITEM: 2 - 2 - 9
Z22-21 Staff Report PB 12.1.2022 Page 10 of 19
Nearby Traffic Impact Analyses:
Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed
by the build out date established within the TIA.
Proposed Development Land Use/Intensity TIA Status
1. Ogden Starbucks • 2,200 square foot coffee
shop with drive thru
• Approved May 10, 2019
• 2021 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Installation of an additional exclusive eastbound right-turn lane on Lendire Road at Market
Street (improvement installation to be coordinated with the Military Cutoff Extension project
(U-4751). Modification of the signal timing at the same intersection to incorporate the new
dual right-turn lanes.
Nearby Proposed Developments included within the TIA:
• None
Development Status: Construction is complete. The installation of right-turn lane will be
completed with the Military Cutoff extension project.
Planning Board - December 1, 2022
ITEM: 2 - 2 - 10
Z22-21 Staff Report PB 12.1.2022 Page 11 of 19
Proposed Development Land Use/Intensity TIA Status
2. Lendire
Commercial MXD
• 694 multi-family units
• General Office (26,000 sf)
• Medical Office (10,000 sf)
• Retail/Shopping Center
(29,000 sf)
• High Turnover Restaurant
(7,000 sf)
• Fast-Food Restaurant with
Drive-Thru (2,500 sf)
• Approved November
14, 2022
• 2024 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Construct an eastbound left turn lane on Lendire Road at Ogden Business Park/Site Access
#3
• Construct a southbound right turn lane on Market Street at Site Access #1
• Scenario 2 – Install a traffic signal at Market Street and Site Access #2 to provide full
movement access. Consists of constructing a northbound left turn lane on Market Street,
constructing a southbound right turn lane on Market Street, and turn lanes eastbound on
Site Access #2 for turns onto Market Street.
Nearby Proposed Developments included within the TIA:
• None.
Development Status: Project has not been issued permits for construction.
Proposed Development Land Use/Intensity TIA Status
3. Primrose School • Day Care Center of up to
191 students
• Approved September 29,
2021
• 2022 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Provide a northbound right turn lane at the site access on Market Street
• Extension of the southbound left turn lane on Market Street to 400’ of storage with an
appropriate deceleration and taper length. This improvement is already programmed and
expected to be built by others.
Nearby Proposed Developments included within the TIA:
• Amberleigh Shores IIB
Development Status: Project is under construction.
Planning Board - December 1, 2022
ITEM: 2 - 2 - 11
Z22-21 Staff Report PB 12.1.2022 Page 12 of 19
ENVIRONMENTAL
• The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
• The property is within the Howe Creek and Smith Creek watersheds.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class III (severe limitations for septic suitability). However, the site is
expected to be served by CFPUA when developed.
OTHER CONSIDERATIONS
SCHOOLS
• Students living in the proposed development would be assigned to Blair Elementary, Trask
Middle, and New Hanover High Schools. Students may apply to attend public magnet,
year-round elementary, or specialty high schools.
• It is estimated that the site currently does not generate any students.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 32 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 the 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 most
recent New Hanover County Schools Facility Needs Study.
Development Type Intensity Estimated Student Yield
(current general student generation rate) *
Existing Development 1 Residential Unit Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
Proposed (CZD) RMF-M
Zoning 144 Residential Units Approximate** Total: 32
(13 elementary, 7 middle, 10 high)
*The current general student generation rate was calculated by dividing the New Hanover County public school student
enrollment for the 2022-2023 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 0.07 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.
Planning Board - December 1, 2022
ITEM: 2 - 2 - 12
Z22-21 Staff Report PB 12.1.2022 Page 13 of 19
• Staff has provided information on existing school capacity to provide a general idea of the
potential impact on public schools, but these numbers do not reflect any future capacity
upgrades.
School Enrollment* and Capacity** (2022-2023 School Year)
*Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year.
**Capacity calculations were determined based on the capacities for the 2022-2023 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 2021 facility needs survey 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 ten 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 proposed RMF-M CZD zoning district would allow for an increase in housing diversity
and would allow those residents to utilize existing goods and services within one mile of the
subject property.
• The predominant housing type in the area is single family detached at 90%. Under the
proposed RMF-M district the site would allow for multi-family residential (apartments) and
increase housing type diversity by reducing the percentage of single family detached (90%
to 88%) and increasing the percentage of multi-family units (4% to 6%).
• The subject property is located in the Ogden community area, where 46% 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 RMF-M
district would increase the number of residences within one-mile of goods and services (46%
to 49%).
Level
Total
NHC
Capacity
School
Enrollment of
Assigned
School
Capacity of
Assigned
School
w/Portables
Capacity of
Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 91% Blair 421 525 80% None
Middle 92% Trask 672 655 103% None
High 99% New
Hanover 1,467 1,678 87% None
Planning Board - December 1, 2022
ITEM: 2 - 2 - 13
Z22-21 Staff Report PB 12.1.2022 Page 14 of 19
Existing Development
Current Conditions:
Southern parcel abutting Military Cutoff Ext. View of site behind Enoch Chapel Baptist Church
Looking west from Market Street Looking west from Market Street
7032 Ruth Avenue View of site from cul-de-sac
Looking north from Ruth Avenue Looking east from Ruth Avenue
View of site from cul-de-sac View of site from cul-de-sac
Looking south from Ruth Avenue Looking southeast from Ruth Avenue
Planning Board - December 1, 2022
ITEM: 2 - 2 - 14
Z22-21 Staff Report PB 12.1.2022 Page 15 of 19
REPRESENTATIVE DEVELOPMENTS
Representative Developments of B-2:
Bayshore Commons
Bayshore Commons
Planning Board - December 1, 2022
ITEM: 2 - 2 - 15
Z22-21 Staff Report PB 12.1.2022 Page 16 of 19
Representative Developments of RMF-M:
Amberleigh Shores
Cambridge Village
Planning Board - December 1, 2022
ITEM: 2 - 2 - 16
Z22-21 Staff Report PB 12.1.2022 Page 17 of 19
Context and Compatibility
• The property is located just northeast of the future Market Street – Military Cutoff Road
extension interchange.
• The subject property is located along one of the county’s more densely developed corridors
and in between the City of Wilmington and the Kirkland – Porters Neck commercial node.
• The Market Street Corridor has seen a shift from lower density uses to more intense,
compact, and denser developments.
• The property is in close proximity to the recreational amenities within Ogden Park.
• Given the commercial development fronting the Market Street corridor to the south and the
extension of Military Cutoff to the west, the proposed multi-family development could be
an appropriate transition between those heavily traveled corridors and the single-family
residential uses along Ruth Avenue rather than uses possible within the existing B-2 zoning.
• Required setbacks are placed to limit the level of impacts along the property boundaries
and are contingent on the type and scale of development located on this parcel. The
applicant has positioned the proposed multi-family structures to be setback 100’ from the
residential uses along Ruth Avenue.
• Transitional buffers also serve as a mitigation method to limit impacts on adjacent uses. The
applicant has provided a landscape buffer along the property line between the multi-family
residential structure and the existing single-family dwelling.
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.
Z22-21
Planning Board - December 1, 2022
ITEM: 2 - 2 - 17
Z22-21 Staff Report PB 12.1.2022 Page 18 of 19
Future Land Use
Map Place Type Urban Mixed Use
Place Type
Description
Promotes development of a mix of residential, office, and retail uses at
higher densities. Types of uses encouraged include office, retail, mixed use,
small recreation, commercial, institutional, single-family, and multi-family
residential.
Analysis
The subject property is located in the northeastern portion of the county, at
the intersection of Market Street, a heavily traveled roadway corridor, and
the future Military Cutoff Extension, between the City of Wilmington and
the Kirkland – Porters Neck commercial node. This corridor has been
undergoing a gradual shift from single family, residentially-zoned
properties, to more intense commercial uses and denser residential
developments.
The Comprehensive Plan classifies the property as Urban Mixed Use, which
promotes development of a mix of residential, office, and retail uses at
higher densities. This classification intends for moderate to high densities
while also providing a transition between the existing lower density housing
and higher intensity commercial uses along heavily traveled roadway
corridors, such as the Market Street Corridor.
The site is bounded to the north by existing single-family dwellings, utilities,
and Ruth Avenue, and to the south by business and institutional uses and the
Market Street right-of-way. These areas are classified as Urban Mixed Use
within the Future Land Use Map. The site is bounded to the west by the
Military Cutoff Extension, an extension of a multi-lane arterial roadway. As
such, the proposal could serve as an appropriate infill and transitional
development.
In addition, the project is in line with the preferred density range of the
Urban Mixed Use place type, promotes the mixture of uses recommended
within the Urban Mixed Use place type, and supports the Comprehensive
Plan’s goal to provide for a range of housing types and opportunities for
households of different sizes and income.
Consistency
Recommendation
The proposed RMF-M zoning is generally CONSISTENT with the 2016
Comprehensive Plan because the district is more in line with the densities
recommended for Urban Mixed Use areas, especially near growth nodes,
than the existing zoning. Additionally, the shape and form of the
development proposed could serve as an appropriate transition from the
existing single-family dwellings along Ruth Avenue from the Military Cutoff
Extension, the commercial and institutional uses, and the power station.
Planning Board - December 1, 2022
ITEM: 2 - 2 - 18
Z22-21 Staff Report PB 12.1.2022 Page 19 of 19
STAFF RECOMMENDATION
The proposal is located along a major arterial roadway between the Kirkland – Porters Neck
Commercial Node and the City of Wilmington where uses have shifted from low density residential
and smaller scale businesses into developments that are more compact, of higher density, and of
higher intensity. The proposal could also serve as an appropriate transition between the heavily
traveled Market Street Corridor and the future Military Cutoff Extension to the abutting, less intense
land uses. Because this proposal is in line with the Comprehensive Plan recommendations for this
area, is similar in form and density to other projects, such as Amberleigh Shore and The Park at
Three Oaks, located along this portion of the Market Street corridor, and could serve as an
appropriate transition between the less intense land uses and the roadway corridors, staff
recommends approval of this application and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning to a (CZD) RMF-M district. I
find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because
the project provides for the types and mixture of uses recommended in the Urban Mixed
Use place type and the residential densities are in-line with those recommended for the
property. I also find recommending APPROVAL of the rezoning request is reasonable and
in the public interest because the proposal would benefit the community by providing a
transition between the existing land uses along Ruth Avenue, the roadway to the west, and
the commercial uses to the south, and will provide additional housing in close proximity to
existing and future commercial development in between the City of Wilmington and the
Kirkland – Porters Neck Commercial Node.
Alternative Motion for Denial
I move to recommend DENIAL of the proposed rezoning to a (CZD) RMF-M district.
While I find it to be CONSISTENT with the purposes and intent of the Comprehensive
Plan because the project provides for the types and mixture of uses recommended in
the Urban Mixed Use place type and the residential densities are in-line with those
recommended for the property, I find recommending DENIAL of the rezoning request
is reasonable and in the public interest because the proposal is not consistent with the
desired character of the surrounding community and the density will adversely impact
the adjacent neighborhoods.
Planning Board - December 1, 2022
ITEM: 2 - 2 - 19
Planning Board - December 1, 2022
ITEM: 2 - 3 - 1
Planning Board - December 1, 2022
ITEM: 2 - 4 - 1
Planning Board - December 1, 2022
ITEM: 2 - 5 - 1
Initial Application
Documents & Materials
Planning Board - December 1, 2022
ITEM: 2 - 6 - 1
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Carolyn Kaham
Planning Board - December 1, 2022
ITEM: 2 - 7 - 9
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Planning Board - December 1, 2022
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Carolyn Kaham
Planning Board - December 1, 2022
ITEM: 2 - 7 - 15
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Planning Board - December 1, 2022
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Carolyn Kaham
Planning Board - December 1, 2022
ITEM: 2 - 7 - 21
1 2 2 C I N E M A D R I V E, W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 7 9 1 - 6 7 6 0
Date: November 1, 2022
Ruth Avenue Tract Conditional Zoning Supplemental Information
Project Narrative
Paramounte Engineering (PEI) is working for the developer, Stout Operating Firm, LLC, on the
requested conditional rezoning of the subject + 10.9 acres of property located at the end of Ruth
Avenue and adjacent to the new Military Cutoff Extension (MCOE) . The land is currently primarily
zoned B-2 with a small portion of R-15. The parcels are located in New Hanover County and are
further identified as:
+ 5.65 acres located at 7011 Ruth Avenue (PID R04409-004-006-000), zoned B-2
+ 3.43 acres of utility easements associated with the MCOE located at 7001 Market Street (PID
R04400-002-008-000), zoned B-2
+ 0.31 acres located at 7035 Market Street (PID R04400-002-016-000), zoned R-15
+ 0.35 acres located at 7032 Ruth Avenue (PID R04409-004-004-000), zoned R-15
In addition to the developable land area, the + 10.9 acres of land purchased for this development
includes all of the Ruth Avenue Private Right-of-Way, and the existing road will be maintained by the
developer/property owner’s association.
This subject site is currently owned by various members of the Nixon family heirs and/or family trusts
with this landholding, as well as the land around the subject property, dating back over 100 years and
several generations of the Nixon family. Over time, the family members have sold or developed
portions of their landholdings. Most recently, NCDOT acquired Nixon land to construct the MCOE
connection to Market Street. With this new road construction, this rezoning’s subject parcels were
cut off from connection to other single family areas, with exception to the family’s existing properties
along Ruth Avenue.
The subject site was part of a 17 lot single family subdivision. 8 lots were developed as single family
homes for the Nixon family and are owned by various members of the family; however, the
remaining 9 lots were platted but not developed. The family now wishes to abandon the previous
undeveloped single family lots as well as two developed single family lots they own and is selling the
land for development by others.
Most of the proposed development is zoned in the B-2 Regional Business zoning district which allows
for a wide variety of commercial uses such as car lots and big to small retail stores. However, this
site has no direct visibility for Market Street and a row of businesses already exist along Market,
making this a second row commercial tract. The site does have direct visibility, but no access from
the new MCOE. These two factors make development of the land as commercial in the existing
zoning difficult. The land is bordered by the commercial corridor along Market and the new highway,
but also by Duke Power’s utility substation and New Hanover County’s Ogden Park. As previously
mentioned, Ruth Avenue and derelict homes along Market Street are the only single family uses near
the property.
Planning Board - December 1, 2022
ITEM: 2 - 7 - 22
Page 2 of 3
The future land use plan identifies roughly 266 acres in and around the subject site as Urban Mixed
Use. This place type designations promotes a variety of land uses compatible with, but other than
the traditional commercial uses allowed in B-2. One compatible land use is multi-family housing. By
developing this site as multi-family, it creates a classic development transition found in Urban Mixed
Use projects in which the commercial is located along the arterial roads, like Market Street,
transitions to a less intense, but dense use or housing typology, like multi-family, and then transitions
to civic uses like parks, churches and utilities before transitioning to single family. Because of the
relatively low impact to the surrounding land uses and the physical location of the property, multi-
family is a well-suited land use on the subject property.
The site is most accessible by Ruth Avenue, which is proposed as the primary access; however a
multi-family project is generally best designed with an alternate access. Therefore, the developer is
proposing to include a parcel accessing Market Street for the purpose of a project access. At this
time, we believe NCDOT will only allow a right in/ right out at this location. The trip generation for
144 units does not exceed the amount of trips that require a traffic impact analysis, but the
developer is working with a traffic consultant and NCDOT on project related road design
requirements. If a rezoning is granted, the developer will continue work with NCDOT to determine
the fully engineered design of the road connection and associated improvements. The primary
access along Ruth Avenue will be controlled by the developer and maintained for use by the existing
properties along the road.
Proposed Conditions
The development will be built in accordance with the conditional rezoning plan, the UDO,
and any approved modifications to the plan.
Conditional Zoning District Considerations – Criteria:
1. How would the requested change be consistent with the County’s policies for growth and
development?
The County plans and policies promote higher density and mixed-use development along major
corridors with transitions from major corridors to denser housing to less dense housing. This project
establishes infills the transition especially now that the new highway is being constructed. The
property is located adjacent to the intersection of Market Street and the Military Cutoff Extension,
making it more appropriate for higher density housing close to major arterial/highway collector
roads. The site’s location is not only good for proximity to and intersection of major road networks,
it is also located directly behind commercial and nearby to regional commercial shopping centers,
like Mayfair.
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?
The subject property is classified as Urban Mixed Use in the County’s Comprehensive Plan. This place
type promotes development of a mix of residential, office, and retail uses at higher densities. Muti-
family residential uses are preferred in this place type, with a moderate to high ideal density. The
multi-family is located near commercial but will also provide access easement to a planned adjacent
small office. This development will give the office access to both Ruth Avenue and improved, safer
access to Market Street than the site currently has. As such, the planned interconnectivity furthers
Planning Board - December 1, 2022
ITEM: 2 - 7 - 23
Page 3 of 3
integrated mixed uses, even by different developers. Residential buildings are recommended to be
2-5 stories in height, such as we propose. Overall, the proposal is consistent with the use, density,
and height recommendations of the Urban Mixed Use place type and support the County’s policy to
increase density in Urban Mixed Use areas within close proximity to the City of Wilmington.
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?
While the existing site is primarily zoned B-2 with single family platted, undeveloped lots,
circumstances have changed this site since that zoning action. The NCDOT’s Military Cutoff Extension
project bisected the property and occupies an additional + 3.5 acres in utility easements. The
remnant land is encumbered and cut off from area single family, except the land seller/family’s single
family lots along Ruth Avenue. Now that the MCOE is in place and about to open for use, the site is
more appropriate for a higher density housing but is not well suited for commercial due to restricted
access from major arterials. Also, a multi-family residential development would be more compatible
with the existing homes on Ruth Ave than if the property was developed under the current B-2
zoning.
Planning Board - December 1, 2022
ITEM: 2 - 7 - 24
Table 1: Site Trip Generation Summary
Land Use
(ITE Code) Intensity
Daily
Traffic
(vpd)
Weekday AM Peak
Hour Trips (vph)
Weekday PM
Peak Hour Trips
(vph)
Enter Exit Total Enter Exit Total
Multifamily Housing (Mid-Rise)
(221) 144 units 640 12 40 52 34 23 57
Planning Board - December 1, 2022
ITEM: 2 - 7 - 25
October 26, 2022
RE: Meeting Notes for Neighborhood Meeting -Ruth Avenue Tract (Nixon Properties)
Paramounte Engineering, Inc. and Stout Ventures, LLC hosted an open house style
Neighborhood Meetings after notifying adjacent property owners of the meeting held on
Wednesday, October 26, 2022, from 5:00-7:00 PM.
All attendees support the project. Relatives of/adjacent landowners of the Nixon Property
owner and one adjacent neighbor attended the meeting. Paramounte Engineering (PEI) and the
developer representatives gave a brief presentation of the project to attendees and answered
questions about site access. The relatives of the property owner shared the history of the site
dating back to the original family member owner of the land, a great, great grandmother. The
land has been in the Nixon family for many generations and they are now ready to sell this
portion of their property.
One neighbor plans to construct an office on the adjacent tract and requested an easement and
vehicular access from the subject property’s entrance road. The developer representatives agreed,
and PEI subsequently revised the plan to include the additional access. The advantage of the
shared access is the elimination of one driveway conflicting with this proposed site access. This
revision also creates safer access for the neighbor’s office.
Planning Board - December 1, 2022
ITEM: 2 - 7 - 26
Planning Board - December 1, 2022
ITEM: 2 - 7 - 27
NIXON ASSOCIATES LLC 1033 CRANFORD DR WILMINGTON, NC 28411 6991 MARKET ST WILMINGTON
MT ARARAT AME CHURCH TRUSTEES 7061 MARKET ST WILMINGTON, NC 28411 7061 MARKET ST WILMINGTON
HOSTETLER MELISSA 1125 HARBORSIDE CT WILMINGTON, NC 28411 7053 RUTH AVE WILMINGTON
NIXON CARRIE L 32 HAMPTON DR CASTLE HAYNE, NC 28429 7048 RUTH AVE WILMINGTON
WILLIAMS LOUISE EVANS 7047 MARKET ST WILMINGTON, NC 28405 7047 MARKET ST WILMINGTON
CAROLINA POWER & LIGHT CO PO BOX 1110 WILMINGTON, NC 28402 209 OGDEN PARK DR WILMINGTON
JWC LLC PO BOX 895 WRIGHTSVILLE BEACH, NC 28480 7018 MARKET ST WILMINGTON
JWC LLC PO BOX 895 WRIGHTSVILLE BEACH, NC 28480 7016 MARKET ST WILMINGTON
MAKI HOLDINGS LLC 2109 WHISKEY BRANCH DR WILMINGTON, NC 28409 7036 MARKET ST WILMINGTON
SPICER SHERLENE RENE 3032 THAYER ST NE WASHINGTON, DC 20018 7034 MARKET ST WILMINGTON
FALL LINE PROPERTIES LLC 1200 LINDSAY ST E GREENSBORO, NC 27405 7014 MARKET ST WILMINGTON
NIXON RUTH M 1033 CRANFORD DR WILMINGTON, NC 28411 7049 RUTH AVE WILMINGTON
CERVANTES ALVARO MARIA 7015 MARKET ST WILMINGTON, NC 28401
EVANS ROBERT ETAL 7037 MARKET ST WILMINGTON, NC 28405 7037 MARKET ST WILMINGTON
NIXON ASSOCIATES LLC 1033 CRANFORD DR WILMINGTON, NC 28411 7035 MARKET ST WILMINGTON
MCCALL SAM FAMILY LIMITED PARTNERSHIP 215 ROBBINS ST GREENSBORO, NC 27416 7019 MARKET ST WILMINGTON
CERVANTES ALVARO 7015 MARKET ST WILMINGTON, NC 28411 7043 MARKET ST WILMINGTON
NC DEPARTMENT OF TRANSPORTATION 1546 MAILSERVICE RD RALEIGH, NC 27611 6981 MARKET ST WILMINGTON
NIXON ASSOCIATES LLC 1033 CRANFORD DR WILMINGTON, NC 28411 7001 MARKET ST WILMINGTON
LEES CUT INVESTMENTS LLC PO BOX 476 WRIGHTSVILLE BEACH, NC 28480 7021 MARKET ST WILMINGTON
CERVANTES ALVARO MARIA 7015 MARKET ST WILMINGTON, NC 28401 7015 MARKET ST WILMINGTON
ENOCH CHAPEL MISSIONARY BAPTIST CHURCH 7011 MARKET ST WILMINGTON, NC 28405 7011 MARKET ST WILMINGTON
CHASE & DYLAN MIHALY LLC 7500 ANACA POINT RD WILMINGTON, NC 28411 7031 MARKET ST WILMINGTON
NIXON SANDRA L 5317 BLUE SAGE DR RALEIGH, NC 27606 7044 RUTH AVE WILMINGTON
NIXON CORNELIUS E III 5317 BLUE SAGE DR RALEIGH, NC 27606 7040 RUTH AVE WILMINGTON
NIXON CORNELIUS E REV TRUST 1033 CRANFORD DR WILMINGTON, NC 28411 7032 RUTH AVE WILMINGTON
WILLIAMS KENNETH L GLORIA E 7036 RUTH AVE WILMINGTON, NC 28411 7036 RUTH AVE WILMINGTON
C310 CAMPUS PROPERTIES LLC 2180 TALMAGE DR LELAND, NC 28451 7028 MARKET ST WILMINGTON
NIXON RONALD E GWENDOLYN S 7033 RUTH AVE WILMINGTON, NC 28411 7033 RUTH AVE WILMINGTON
BLOODWORTH JOANN NIXON 9623 BAYVIEW PKWY CHARLOTTE, NC 28216 7045 RUTH AVE WILMINGTON
NIXON ALICIA MARIE 1541 EASTBOURNE DR WILMINGTON, NC 28411 7041 RUTH AVE WILMINGTON
KAHAM CAROLYN NIXON 5317 BLUE SAGE DR RALEIGH, NC 27606 7037 RUTH AVE WILMINGTON
YOUNG SARAH VICTORIA 1912 PIPER RIDGE CT WALNUT CREEK, CA 94597 7032 MARKET ST WILMINGTON
CORNELIUS NIXON TRUSTB 1033 CRANFORD DR WILMINGTON, NC 28411 7011 RUTH AVE WILMINGTON
CARDINAL LANES, INC.7026 MARKET STREET WILMINGTON, NC 28411 7022,7026 MARKET ST WILMINGTON
1
Planning Board - December 1, 2022
ITEM: 2 - 7 - 28
August 10, 2022
22143.PE
Nixon Associates, LLC
Tract A
PARID: R0400-002-008-000
Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North
Carolina; being the tract owned by Nixon Associates, LLC, as shown in Deed Book 3174, Page 337 (PARID:
R04400-002-008-000) of the New Hanover County Register of Deeds; said tract being more particularly
described as follows:
Beginning at an iron pipe found (NC Grid coordinates of N: 190449.41, E: 2355119.66) at the southeast corner
of Map Book 38 at Page 266. Thence with the eastern line of Map Book 38 at Page 266, N 56°33’42” W –
230.03 feet to an iron pipe found and the southeastern corner of Lot 9. Thence with the southern line of Lot 9
the following courses;
S 33°40’26” W – 64.10 feet to an iron pipe found;
S 33°39’28” W – 208.61 feet to an iron pipe found. Said iron pipe found is the principal place of beginning.
Thence with the western line of Enoch Chapel Missionary Baptist Church as shown in Deed Book 5498 at Page
2602 the following courses;
S 56°33'43" E - 250.02 feet to a NCDOT right of way disk found;
S 51°24'39" E - 57.21 feet to an iron rod set on the northern right of way of US 17;
Thence with the northern right of way of US 17 the following courses;
S 38°32'43" W - 18.87 feet to a point;
S 39°38'50" W - 70.59 feet to a point;
Thence with the eastern line of NCDOT as shown in Deed Book 6148 at Page 1696 the following courses;
N 87°14'35" W - 134.41 feet to a point;
N 50°21'10" W - 439.74 feet to a point;
N 48°46'40" W - 162.07 feet to a point;
N 42°09'30" W - 165.92 feet to a point;
N 35°47'25" W - 163.12 feet to a point;
N 30°27'04" W - 190.48 feet to an iron rod set;
Thence with the western line of Carolina Power and Light Company as shown in Deed Book 1438 at Page 500,
S 55°49'38" E - 586.82 feet to an iron rod set;
Thence with the northern line of The Cornelius Nixon Trust as shown in Deed Book 1778 at Page 220,
S 42°36'23" W - 83.31 feet to a point;
Thence with the western line of The Cornelius Nixon Trust, S 56°33'42" E - 326.40 feet to an iron pipe found.
Said Iron pipe found is the principal place of beginning.
Having an area of 149,524 square feet or 3.43 acres, more or less.
Planning Board - December 1, 2022
ITEM: 2 - 7 - 29
August 10, 2022
22143.PE
The Cornelius Nixon Trust
Tract B
PARID: R04409-004-006-000
Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County,
State of North Carolina; being the tract owned by The Cornelius Nixon Trust, as shown in Deed
Book 1778, Page 220 (PARID: R04409-004-006-000) of the New Hanover County Register of Deeds; said tract being more particularly described as follows:
Beginning at an iron pipe found (NC Grid coordinates of N: 190449.41, E: 2355119.66) at the
southeast corner of Map Book 38 at Page 266. Said iron pipe found is the Principal Place of
Beginning for this description.
Thence with the eastern line of Alvaro & Maria Cervantes as shown in Deed Book 5172 at Page
2191 and Map Book 38 at Page 266, N 56°33'42" W - 230.03 feet to an iron pipe found;
Thence with the northern line of Alvaro & Maria Cervantes, S 33°40’26” W – 64.10 feet to an
iron pipe found;
Thence with the northern line of Enoch Chapel Missionary Baptist Church as shown in Deed
Book 5498 at Page 2602, S 33°39’28” W – 208.61 feet to an iron pipe found;
Thence with the eastern line of Nixon Associates, LLC as shown in Deed Book 3174 at Page 337, N 56°33'42" W - 326.40 feet to a point in the centerline of the former S.C.L. Railroad
(abandoned);
Thence with the centerline of the former S.C.L. Railroad, N 42°36'23" E – 630.39 feet to an iron
rod set at the northwestern corner of Lot 16R as shown in Map Book 49 at Page 189;
Thence with the western line of Lot 16R and Ronald Edward Nixon as shown in Deed Book
4994 at Page 164, S 52°09'49" E - 239.53 feet to an iron rod set on the right of way of Ruth
Avenue (50-foot Private Right of Way);
Thence with a curve turning to the left with a radius of 50.00 feet, with an arc length of 138.29 feet,
with a chord bearing of S 82°45'43" E, with a chord length of 98.24 feet, and a delta angle of
158°28'09", to an iron rod set;
Thence with the western line of a 50-foot wide private right of way, S 52°09'54" E - 106.95 feet to an
iron rod set;
Thence with the northern line of Chase & Dylan Mihaly, LLC as shown in Deed Book 6237 at Page
848, S 43°25'10" W - 9.25 feet to an iron rod found;
Planning Board - December 1, 2022
ITEM: 2 - 7 - 30
Thence with the northern lines of Lees Cut Investments, LLC as shown in Deed Book 2590 at Page
399, Sam McCall Family Limited Partnership as shown in Deed Book 5289 at Page 2506, and Alvaro
& Maria Cervantes as shown in Deed Book 5172 at Page 2191, S 29°25'43" W - 358.22 feet to an iron
pipe found. Said Iron pipe found is the principal place of beginning.
Tract B having an area of 245,930 square feet or 5.65 acres, more or less.
Planning Board - December 1, 2022
ITEM: 2 - 7 - 31
August 10, 2022
22143.PE
Cornelius Nixon Share A Trust
Tract D
PARID: R04409-004-004-000
Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County,
State of North Carolina; being the tract owned by Cornelius Nixon Share A Trust, as shown in
Deed Book 5604, Page 2246 (PARID: R04409-004-004-000) and Lot 4R as shown in Map Book 49 at Page 189 of the New Hanover County Register of Deeds; said tract being more particularly
described as follows:
Beginning at an iron rod found at the southwest corner of Lot 4R as shown in Deed Book 5604
at Page 2246 and Map Book 49 at Page 189. Said iron rod found is the Principal Place of Beginning for this description.
Thence with the western line of Lot 4R, N 52°10'00" W - 154.70 feet to an iron rod set on the
southern line of Ruth Avenue (50’ wide private right of way, Map Book 49, Page 189);
Thence with the southern line of Ruth Avenue, N 41°24'17" E - 101.18 feet to an iron rod set;
Thence leaving Ruth Avenue and with the western line of Lot 3R as shown in Deed Book 5099
at Page 186 and Map Book 49 at Page 189, S 48°35'43" E - 157.62 feet to an iron rod found;
Thence leaving the western line of Lot 3R and with the northern line of Nixon Associates, LLC as
shown in Deed Book 6268 at Page 2451 and the northern line of Chase and Dylan Mihaly, LLC as
shown in Deed Book 6237 at Page 848, S 43°25'10" W - 91.60 feet to an iron rod found. Said iron rod
found is the principal place of beginning.
Tract D having an area of 15,026 square feet or 0.35 acres, more or less.
Planning Board - December 1, 2022
ITEM: 2 - 7 - 32
August 10, 2022
22143.PE
Nixon Associates, LLC
Tract E
PARID: R04400-002-016-000
Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County,
State of North Carolina; being the tract owned by Nixon Associates, LLC, as shown in Deed
Book 6268, Page 2451 (PARID: R04400-002-016-000) of the New Hanover County Register of Deeds; said tract being more particularly described as follows:
Beginning at an iron rod found at the southwest corner of Lot 4R as shown in Deed Book 5604
at Page 2246 and Map Book 49 at Page 189. Thence with the southern line of Lot 4R,
N 43°25’10” E – 32.20 feet to an iron rod set. Said iron rod set is the Principal Place of
Beginning for this description.
Thence with the southern line of Lot 4R and 3R, N 43°25'10" E - 74.63 feet to an iron rod set;
Thence leaving the southern line of Lot 3R and with the western line of Willie Blanche Evans as
shown in Deed Book 2808 at Page 151, S 50°15'51" E - 184.04 feet to an iron rod set on the
northern right of way of US 17;
Thence with the northern right of way of US 17, S 39°17'39" W - 71.63 feet to an iron rod set;
Thence leaving the right of way line of US 17 and with the eastern line of Chase & Dylan Mihaly, LLC as shown in Deed Book 6237 at Page 848, N 51°07'29" W - 189.41 feet to an iron
rod set on the southern line of Lot 4R. Said Iron rod set is the principal place of beginning.
Having an area of 13,637 square feet or 0.31 acres.
Planning Board - December 1, 2022
ITEM: 2 - 7 - 33
Concept Plan
Planning Board - December 1, 2022
ITEM: 2 - 8 - 1
SITE
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COVER SHEET
EXISTING CONDITIONS SURVEY
NOVEMBER 2022
APPLICANT:
RUTH AVENUE NIXON PROPERTIES
STOUT OPERATING FIRM
170 MEETING STREET #334
CHARLESTON, SC 29403
CONDITIONAL REZONING SITE PLAN
NEW HANOVER COUNTY, NORTH CAROLINA
RUTH AVENUE
PROPERTY OWNER:
STOUT OPERATING FIRM
170 MEETING STREET #334
CHARLESTON, SC 29403
NOTICE REQUIRED
ALL EXISTING UNDERGROUND UTILITIES SHALL BE PHYSICALLY LOCATED PRIOR TO THE BEGINNING OF ANY
CONSTRUCTION IN THE VICINITY OF SAID UTILITIES.
CONTRACTORS SHALL NOTIFY OPERATORS WHO MAINTAIN UNDERGROUND UTILITY LINES IN THE AREA OF PROPOSED
EXCAVATION AT LEAST TWO WORKING DAYS, BUT NOT MORE THAN TEN WORKING DAYS PRIOR TO COMMENCEMENT
OF EXCAVATION OR DEMOLITION.
CONTRACTORS SHALL CONTACT OVERHEAD ELECTRIC PROVIDER TO COMPLY WITH FEDERAL OSHA 1910.333 MINIMUM
APPROACH DISTANCE TO ENERGIZED POWERLINES AND OSH 29 CFR 1926.1407-1411 MUST BE FOLLOWED.
Know what's below.
before you dig.Call
R
CONTACT THESE UTILITIES
NEW HANOVER COUNTY PLANNING DEPARTMENT
PH: 910-798-7165
PIEDMONT NATURAL GAS
ATTN: CARL PAQUET
PH: 910-350-2242
EMERGENCY DIAL 911
POLICE - FIRE - RESCUE
CFPUA (WATER & SEWER)
PH: 910-332-6550
DUKE ENERGY PROGRESS
GENERAL PH: 1-800-452-2777
AT&T
ATTN: STEVE DAYVAULT
PH: 910-341-7664
SPECTRUM
GENERAL PH: 800-892-4357
PREPARED BY:
PROJECT # 22143.PE
PR
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122 Cinema Drive Wilmington, North Carolina 28403
(910) 791-6707 (O) (910) 791-6760 (F)
NC License #: C-2846
RUTH AVENUE NIXON PROPERTIES
SHEET NUMBER SHEET TITLE
PROJECT CONSULTANTS
SHEET INDEX
NOVEMBER 1, 2022
SURVEYOR
PARAMOUNTE ENGINEERING, INC.
122 CINEMA DRIVE
WILMINGTON, NC 28403
JOSH TAYLOR, PLS (910-791-6707)
ENGINEER/ LAND PLANNER/ LANDSCAPE ARCHITECT
PARAMOUNTE ENGINEERING, INC.
122 CINEMA DRIVE
WILMINGTON, NC 28403
CIVIL: ROB BALLAND, PE (910-791-6707)
LANDSCAPE ARCHITECT: ALLISON ENGEBRETSON, RLA (910-791-6707)
CONDITIONAL REZONING SITE PLAN
APPLICANT:
CONDITIONAL REZONING SITE PLANC-2.0
NIXON ASSOCIATES , LLC
7049 RUTH AVENUE
WILMINGTON, NC 28411
EX-1
C-0.0
VICINITY MAP
1" = 2,000'
NORTH
Planning Board - December 1, 2022
ITEM: 2 - 9 - 1
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N 42°20'31" E 386.88'
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S 41°24'17" W 458.57' TOTAL
N 41°24'17" E 525.65' TOTAL
95.60'92.90'83.03'85.86'
90.15'112.53'105.00'105.00'112.97'
C10
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WETLANDS
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PARID: R04400-001-001-002
D.B. 1438, PG. 500
ZONING: R-15
LAND USE: POWER STATION
16R
RONALD EDWARD NIXON &
GWENDOLYN SMITH NIXON
PARID: R04409-004-016-000
D.B. 4994, PG. 164
M.B. 49. PG. 189
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PARID: R04400-002-017-000
D.B. 2808, PG. 151
ZONING: R-15
LAND USE: RESIDENTIAL
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PARID: R04400-002-014-000
D.B. 2590, PG. 399
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PARID: R04400-002-011-000
D.B. 5289, PG. 2506
ZONING: B-2
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PARID: R04409-004-006-000
D.B. 5498, PG. 2602
ZONING: B-2
LAND USE: CHURCH
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PARID: R04400-002-011-001
D.B. 5172, PG. 2191
ZONING: B-2
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PARID: R04400-002-046-000
D.B. 1272, PG. 960
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PARID: R04400-002-015-000
D.B. 6237, PG. 848
ZONING: B-2 (CZD)
LAND USE: VACANT LAND
UNDERSTORY
LOBLOLLY PINE
CLUSTER OF 12", 15",
AND 16" WATER OAKS
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3" - 6" LIVE OAK
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10" - 13" LAUREL OAKS
AND WATER OAKS;
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1" - 3" LIVE OAK,
3" - 5" WATER OAK, &
OPEN UNDERSTORY
MIX OF 6" - 10" LOBLOLLY PINES AND SLASH PINES
SPORADIC 3" - 5" WATER OAK
POCKET OF 8" - 10" LAUREL OAKS AND LIVE OAKS
DYING
LAUREL
OAK
MIX OF 3" - 8" WATER OAK AND LOBLOLLY PINE
WATER OAKS MOSTLY 3" - 4"
UNDERSTORY OF WAX MYRTLE AND RED BAY
1" - 3" LOBLOLLY PINES
OPEN LICHEN
OPEN UNDERSTORY
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SPORADIC 15" LOBLOLLY PINE;
UNDERSTORY 4" - 6" WATER OAK;
1" - 2" LIVE OAK
EXISTING DITCHES
± 3" - ± 6" WATER OAK
5" - 12" LOBLOLLY PINE
SPORADIC ± 4" RED MAPLE
WAX MYRTLE UNDERSTORY
LIGHT UNDERSTORY RED BAY
OPEN AREA WITH SOME
DYING / CLEARED TREES
LO 22
LO 18
WO 10
LP 15
LO 34
(ON MOUND)
LP 8LP 8
WO 24
LO 20
LO 11,12
WO 15
WO 12
WO 16
LO 24
LO 20
LAO 16
LAO 9
LO 9,9,10
WO 6
LP 21
WO 6LP 9
LLP 18
LINE BEARING DISTANCE
L1 S 43°25'10" W 9.25'
L2 S 51°24'39" E 57.21'
L3 S 38°32'43" W 18.87'
L4 N 55°49'38" W 33.98'
L5 S 34°25'27" E 48.43'
L6 S 81°11'28" W 40.00'
L7 N 48°59'59" E 1.38'
L8 N 55°19'38" W 13.61'
L9 S 42°36'23" W 83.31'
CURVE RADIUS ARC LENGTH DELTA CHORD LENGTH CHORD BEARING
C1 50.00'138.29'158°28'09"98.24'S 82°45'43" E
C2 930.00'191.69'11°48'36"191.35'N 14°42'50" W
C3 890.00'96.55'6°12'57"96.51'N 05°42'04" W
C4 20.00'25.62'73°22'56"23.90'S 04°42'20" W
C5 50.00'11.16'12°47'28"11.14'S 25°35'57" E
C6 50.00'209.95'240°35'25"86.34'N 78°54'02" W
C7 255.00'48.52'10°54'10"48.45'S 28°38'22" W
C8 205.00'87.77'24°31'50"87.10'S 35°27'12" W
C9 255.00'109.17'24°31'47"108.34'N 35°27'12" E
C10 205.00'65.17'18°12'56"64.90'N 32°17'48" E
ESMT LINE
LEGEND:
IRON PIPE FOUND
IRON ROD FOUND
IRON ROD SET
PK NAIL FOUND
PK NAIL SET
TV RISER
TRANSFORMER
TELEPHONE RISER
WATER METER
WATER VALVE
FIRE HYDRANT
CLEAN-OUT
SANITARY SEWER MANHOLE
STORM DRAINAGE MANHOLE
GRAVE SITE
CURB INLET
CATCH BASIN
GAS METER
TREES
ADJOINER PROPERTY LINE
TR
G
IPF
IRF
PKF
PKS
TV
UT UT UNDERGROUND TELEPHONE
100-YR FLOOD ZONE LINE
R.O.W. LINE
OHE OVERHEAD ELECTRIC
DSK NCDOT RIGHT OF WAY DISK
LIGHT POLE
POWER POLE
GUY ANCHOR
SS SS SANITARY SEWER
GENERAL NOTES
1.SEE SURVEYOR BOUNDARY SURVEY AND LEGAL DESCRIPTIONS FOR TRACT BOUNDARIES.
2.THE SUBJECT PARCELS ARE LOCATED IN ZONE X – MINIMAL FLOOD RISK – AS SHOWN BY
FEMA PANEL NUMBER 3720315900J BEARING AN EFFECTIVE DATE OF APRIL 3, 2006.
3.WETLANDS SHOWN THIS PLAN ARE BASED ON DAVEY RESOURCE GROUP PRELIMINARY
ASSESSMENT. WETLANDS IN REVIEW FOR DELINEATION.
4.UTILITIES AS SHOWN ARE PLOTTED FROM INFORMATION VISIBLE IN THE FIELD AND FROM
INFORMATION PROVIDED BY UTILITY COMPANIES. ADDITIONAL UTILITIES NOT SHOWN MAY
EXIST. THE APPROPRIATE UTILITY COMPANIES SHOULD BE CONTACTED PRIOR TO LAND
DISTURBING ACTIVITIES.
5.OBSERVED HEADSTONES ON SITE, AS NOTED ON PLAN; FULL EXPLORATION BY
SPECIALIST COMPLETED; NO ADDITIONAL GRAVES FOUND ON SITE.
6.TRACT C INCLUDES BOTH CONSTRUCTED, EXISTING RUTH AVENUE PRIVATE ROW AND 50'
PRIVATE ROW WITHIN PROJECT BOUNDARY WHICH IS UNCONSTRUCTED AND PROPOSED
TO BE ABANDONED / RECOMBINED WITH DEVELOPABLE PROJECT BOUNDARY.
EX
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EXISTING BUILDINGS
TO BE DEMOLISHED
TRACT B
PROJECT ADDRESS:7011 RUTH AVENUE
PROPERTY OWNER:CORNELIUS NIXON TRUST B
WILMINGTON, NC 28411
PARCEL PIN: R04409-004-006-000
CURRENT ZONING:B-2
CURRENT LAND USE:VACANT LAND
TRACT AREA:± 5.65 AC
100' POWERLINE EASEMENT
MARKET STREET / U.S. 17
(PUBLIC ROW - WIDTH VARIES)
RUTH AVE
(PRIVATE ROW - 50' WIDTH)
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EXISTING TREELINE, TYP.
THE CORNELIUS NIXON TRUST
PARID: R04009-004-006-000
PARID: R04400-002-016-000
TRACT C
PROJECT ADDRESS:RUTH AVENUE RIGHT OF WAY
PROPERTY OWNER:NEW HANOVER COUNTY
PARCEL PIN: N/A
CURRENT ZONING:B-2
CURRENT LAND USE:ROAD RIGHT OF WAY
RIGHT OF WAY AREA:± 1.01 AC
AREA OF ROW TO BE ABANDONED:± 0.15 AC
(NOT INCLUDED IN ± 1.01 AC)
TRACT D
PROJECT ADDRESS:7032 RUTH AVENUE
PROPERTY OWNER:CORNELIUS E NIXON REV TRUST
WILMINGTON, NC 28411
PARCEL PIN: R04409-004-004-000
CURRENT ZONING:R-15
CURRENT LAND USE:VACANT LAND
TRACT AREA:± 0.35 AC
TRACT E
PROJECT ADDRESS:7035 MARKET STREET
PROPERTY OWNER:NIXON ASSOCIATES, LLC
WILMINGTON, NC 28411
PARCEL PIN: R04400-002-016-000
CURRENT ZONING:R-15
CURRENT LAND USE:SINGLE FAMILY RESIDENTIAL
TRACT AREA:± 0.31 AC
TRACT A
PROJECT ADDRESS:7001 MARKET STREET
PROPERTY OWNER:NIXON ASSOCIATES, LLC
WILMINGTON, NC 28411
PARCEL PIN: R04400-002-008-000
CURRENT ZONING:B-2
CURRENT LAND USE:VACANT LAND
TRACT AREA:± 3.43 AC
EXISTING DITCH, TYP.
EXISTING POWER SUBSTATION
TRACT A
TRACT B
TRACT D
TRACT E
TRACT C
EXISTING NCDOT PERMANENT UTILITY
EASEMENT (PUE) INCLUDING 16" STORM PIPE
& POTENTIAL CFPUA WATER LINE LOCATION
30' WATER & SEWER EASEMENT
EXISTING WATER &
SEWER EASEMENTS
TRACT BOUNDARY, TYP.
Planning Board - December 1, 2022
ITEM: 2 - 9 - 2
OHE
OH
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SS SS SS SS SS SS SS SS SS SS SS SS
SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUT UT UT UT UT UT UT UT UT UT UT UT UT UT UT
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CAROLINA POWER & LIGHT CO
PARID: R04400-001-001-002
D.B. 1438, PG. 500
ZONING: R-15
LAND USE: POWER STATION
16R
RONALD EDWARD
NIXON &
GWENDOLYN SMITH
NIXON
PARID:
R04409-004-016-000
D.B. 4994, PG. 164
M.B. 49. PG. 189
ZONING: R-15
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PARID: R04400-002-017-000
D.B. 2808, PG. 151
ZONING: R-15
LAND USE: RESIDENTIAL
LEES CUT INVESTMENTS
LLC
PARID:
R04400-002-014-000
D.B. 2590, PG. 399
ZONING: B-2
LAND USE: RETAIL
SAM MCCALL FAMILY
LIMITED PARTNERSHIP
PARID: R04400-002-011-000
D.B. 5289, PG. 2506
ZONING: B-2
LAND USE: RETAIL
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MISSIONARY
BAPTIST CHURCH
PARID:
R04409-004-006-000
D.B. 5498, PG. 2602
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PARID:
R04400-002-015-000
D.B. 6237, PG. 848
ZONING: B-2 (CZD)
LAND USE: VACANT
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PARID: R04400-001-001-002
D.B. 1438, PG. 500
ZONING: R-15
LAND USE: POWER STATION
16R
RONALD EDWARD
NIXON &
GWENDOLYN SMITH
NIXON
PARID:
R04409-004-016-000
D.B. 4994, PG. 164
M.B. 49. PG. 189
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LIFE ESTATE
PARID: R04400-002-017-000
D.B. 2808, PG. 151
ZONING: R-15
LAND USE: RESIDENTIAL
LEES CUT INVESTMENTS
LLC
PARID:
R04400-002-014-000
D.B. 2590, PG. 399
ZONING: B-2
LAND USE: RETAIL
SAM MCCALL FAMILY
LIMITED PARTNERSHIP
PARID: R04400-002-011-000
D.B. 5289, PG. 2506
ZONING: B-2
LAND USE: RETAIL
ENOCH CHAPEL
MISSIONARY
BAPTIST CHURCH
PARID:
R04409-004-006-000
D.B. 5498, PG. 2602
ZONING: B-2
LAND USE: CHURCH
ALVARO & MARIA
CERVANTES
PARID: R04400-002-011-001
D.B. 5172, PG. 2191
ZONING: B-2
LAND USE: RETAIL
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MIHALY, LLC
PARID:
R04400-002-015-000
D.B. 6237, PG. 848
ZONING: B-2 (CZD)
LAND USE: VACANT
LAND
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OPEN SPACE
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OPEN
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POND
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BUILDING 2
72 UNITS
BUILDING 1
72 UNITS
SS
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WO 24
LO 20
LO 11,12
WO 15
WO 12
WO 16
LO 24
LO 20
LAO 16
LAO 9
LO 9,9,10
WO 6
LP 21
WO 6LP 9
LLP 18
LO 34
CHASE & DYLAN
MIHALY, LLC
PARID:
R04400-002-015-000
D.B. 6237, PG. 848
ZONING: B-2 (CZD)
LAND USE: VACANT
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S 41°24'17" W 458.57' TOTAL
N 41°24'17" E 525.65' TOTAL
TRTV
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90.15'112.53'105.00'105.00'112.97'
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FORMER RAILROAD ROW
16R
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NIXON &
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NIXON
PARID:
R04409-004-016-000
D.B. 4994, PG. 164
M.B. 49. PG. 189
ZONING: R-15
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RMF-M DIMENSIONAL - MULTI-FAMILY DATA:
REQUIRED:PROVIDED:
MIN. LOT AREA:20,000 SF 432,986.40 SF
MIN. LOT WIDTH:100'VARIES
FRONT SETBACK 35'35'
SIDE SETBACK (STREET):30'30'
SIDE SETBACK (INTERIOR):25' (3 STORIES OR MORE)25'
REAR SETBACK:30' (3 STORIES OR MORE)30'
BUILDING HEIGHT MAXIMUM:3 STORIES 4 STORIES*
*A 100' STRUCTURE SETBACK SHALL BE IMPLEMENTED FOR 4-STORY STRUCTURES IN RMF-M DISTRICT
WHEN ADJACENT TO A RESIDENTIAL USE OR SUBDIVISION IN GENERAL RESIDENTIAL DISTRICT AND 75'
WHEN ADJACENT TO A MULTI-FAMILY DWELLING OR UNDEVELOPED IN GENERAL RESIDENTIAL DISTRICT.
SEE SECTION 3.1.3.C.2 FOR STANDARDS WHEN ADJACENT TO RESIDENTIAL PROPERTIES
OPEN SPACE:
REQUIRED OPEN SPACE:± 1.99 AC (20% OF GROSS AREA)
PROVIDED OPEN SPACE:± 5.45 AC
INCLUDES AMENITY, WETLANDS, BUFFERS, & EASEMENTS
IMPERVIOUS CALCULATIONS:
PROPOSED IMPERVIOUS AREA
BUILDINGS:± 50,530 SF
ASPHALT / CURB & GUTTER:± 93,892 SF
SIDEWALKS / CONCRETE:± 5,304 SF
TRASH RECEPTABLES:± 410 SF
TOTAL IMPERVIOUS:± 150,136 SF (± 3.447 AC)
PROPOSED PERCENT IMPERVIOUS:± 34.85%
VICINITY MAP
NOT TO SCALE
NORTH
SITE
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BUFFERYARD NOTES:
1.ABUTTING RESIDENTIAL LAND USE: TYPE A - OPTION 1 BUFFERYARD APPLIED, 20' WIDTH
2.ALL SHRUBS TO BE A MINIMUM OF 6' HEIGHT AT TIME OF PLANTING.
3.ALL PLANTING WILL PROVIDE ONE HUNDRED (100) PERCENT OPACITY FROM GROUND
TO A HEIGHT OF 6' WITHIN (1) ONE YEAR OF PLANTING.
4.WHERE AMPLE VEGETATION EXISTS WITHIN BUFFFERYARD; NO PLANTINGS WILL BE
INSTALLED. WHERE EXISTING VEGETATION DOES NOT MEET CODE; ADDITIONAL
PLANTINGS WILL BE INSTALLED AS SHOWN.
5.A MINIMUM OF THREE ROWS OF PLANTED MATERIAL IS REQUIRED.
STREET YARD NOTES:
1.MINIMUM WIDTH OF 9' AND MAXIMUM WIDTH OF 27'.
2.FOR EVERY 600 SQUARE FEET OF STREET YARD AREA ON AVERAGE, 1 CANOPY/SHADE TREE
(OR IF OVERHEAD POWER LINES ARE LOCATED ABOVE THE STREET YARD, 3 UNDERSTORY
TREES) AND 6 SHRUBS, 12" IN HEIGHT AT TIME OF PLANTING.
3.WHERE AMPLE VEGETATION EXISTS WITHIN STREET YARD, NO PLANTINGS WILL BE INSTALLED.
WHERE EXISTING VEGETATION DOES NOT MEET CODE; ADDITIONAL PLANTINGS WILL BE
INSTALLED AS SHOWN.
4.FOR SITES WITH TWO OR MORE STREET FRONTAGES, ONLY THE PRIMARY STREET
FRONTAGE SHALL BE REQUIRED TO CONTAIN THE FULL AMOUNT OF STREET YARD
ASDETERMINED IN TABLE5.4.6.AB: STREET YARD AREA STANDARDS.SECONDARY STREET
FRONTAGES ARE REQUIRED TO CONTAIN 50 PERCENT OF THE REQUIRED STREET YARD AREA.
0 30 60 120 240
SCALE: 1"=60'
GRAPHIC SCALE
100' POWERLINE EASEMENT &
30' WATER/SEWER EASEMENT
WITHIN 100' POWER EASEMENT
MARKET STREET / U.S. 17
(PUBLIC ROW - WIDTH VARIES)
PRIMARY PROJECT ACCESS
EXISTING NCDOT PERMANENT UTILITY
EASEMENT (PUE) INCLUDING 16" STORM PIPE
& POTENTIAL CFPUA WATER LINE; LOCATION;
AREA PROPOSED AS PROJECT OPEN SPACE
100' SETBACK LINE FROM RESIDENTIAL
USE PROPERTIES FOR PORTIONS OF
STRUCTURES WITH 4 STORIES
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PROPOSED 5' WIDE SIDEWALK, TYP.
EXISTING UTILITY EASEMENT; DEVELOPMENT
AVOIDS IMPACT EXCEPT TO TIE STORM
DRAINAGE INTO EXISTING DRAINAGE EASEMENT
EXISTING HEADSTONE TO REMAIN;
BUFFER AND ACCESS TO BE PROVIDED IN
ACCORDANCE WITH APPLICABLE LAWS
RUT
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A
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= PROPERTY LINE
LEGEND
= PROPOSED SIDEWALK
= PROPOSED CURB AND GUTTER
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BUILDING & UNIT DATA
MULTI-FAMILY APARTMENT (24 UNITS EACH)2 BUILDINGS / 144 UNITS
BUILDING HEIGHT 65' MAX
BUILDING AREA 25,602 SF
1 BEDROOM UNITS 32 UNITS
2 BEDROOM UNITS 104 UNITS
3 BEDROOM UNITS 8 UNITS
24'
1/4" PER FT1/4" PER FT
6" ABC UNDER CURBING
24' PRIVATE DRIVE WITH PARKING CROSS SECTION
NOT TO SCALE
PAVING NOTE: ALL PAVING THICKNESS WILL BE DETERMINED BASED ON SOILS
DATA. NO TESTING HAS BEEN COMPLETED AT THIS TIME, SO A MINIMUM PAVING
SECTION HAS BEEN PROVIDED AND WILL BE FURTHER EVALUATED WITH THE
AVAILABILITY OF SOILS DATA.
SLOPES= 3:1
24" VERTICAL CURB
6"-ABC BASE
2"-S9.5C SURFACE
1.5'
0.5'
18'
1/4" PER FT
6.5' SIDEWALK
VARIES -SEE PLAN
PARKING SPACE DRIVE AISLE
SLOPES= 3:1
1.5'
18'
1/4" PER FT
6.5' SIDEWALK
VARIES - SEE PLAN
PARKING SPACE 0.5'
EXISTING 30' UTILITY EASEMENT
PARKING REQUIREMENTS:
SEC 5.1: DWELLING, MULTI-FAMILY: ONE AND ONE-HALF (1.5) SPACES PER 1 BEDROOM UNIT
AND TWO (2.0) SPACES PER 2+ BEDROOM UNITS.
PARKING REQUIRED:272 SPACES
1-BED UNIT 48 SPACES (32 UNITS * 1.5 SPACES/ UNIT)
2-BED UNIT 208 SPACES (104 UNITS * 2 SPACES/ UNIT)
3-BED UNIT 16 SPACES (8 UNITS * 2 SPACES/ UNIT)
TOTAL PARKING PROVIDED ON SITE:274 SPACES MIN
RESIDENT PARKING PROVIDED:272 SPACES (INCLUDES 13 COMPACT SPACES)
CLUBHOUSE/AMENITY PARKING PROVIDED: 2 SPACES MIN.
TOTAL ADA REQUIRED:7 SPACES
TOTAL ADA PROVIDED:7 SPACES
EXISTING SANITARY SEWER
4 STORY, 72 UNIT MULTI-FAMILY
APARTMENT BUILDING, TYP.
PROPOSED 30' ACCESS AND UTILITY
EASEMENT TO ADJACENT PROPERTY;
EXACT LOCATION TBD
SITE INFORMATION
PROJECT ADDRESS:7011 RUTH AVENUE, 7032 RUTH AVENUE,
7035 MARKET ST., 7001 MARKET ST.
WILMINGTON, NC 28411
PROPERTY OWNER:NIXON ASSOCIATES, LLC
7049 RUTH AVENUE
WILMINGTON, NC 28411
PARCEL PIN: R04409-004-006-000, R04409-004-004-000,
R04400-002-016-000, R04400-002-008-000;
RUTH AVENUE PRIVATE RIGHT OF WAY
CURRENT ZONING:B-2
PROPOSED ZONING:RMF-M
PROPOSED USE:MULTI-FAMILY
FUTURE LAND USE CLASSIFICATION:URBAN MIXED USE
PROJECT SITE AREA:± 10.95 ACRES
DEVELOPMENT AREA:± 9.94 ACRES
RUTH AVENUE RIGHT OF WAY:± 1.01 ACRES
MAX DENSITY ALLOWED IN RMF-M:17 DU/AC (169 UNITS)
TOTAL PROPOSED UNITS:144 UNITS
PROPOSED DENSITY:± 14.49 DU/AC
AMENITY AND
LEASING OFFICE
± 0.27 AC
DEVELOPER MAINTAINS RUTH
AVENUE TO OGDEN PARK ROAD
PROPOSED TRASH
COLLECTION;
SCREENED
EXISTING POWER SUBSTATION
SECONDARY PROJECT ACCESS
10.5' STREET SIDE SETBACK
18' STREET BUFFER
20' LANDSCAPE BUFFER
ADJACENT TO RESIDENTIAL
25' SIDE SETBACK
25' SIDE SETBACK
POWER SUBSTATION
ACCESS DRIVE
FLOOD NOTE:
THE SUBJECT PARCELS ARE LOCATED IN ZONE X – MINIMAL FLOOD RISK – AS SHOWN BY
FEMA PANEL NUMBER 3720315900J BEARING AN EFFECTIVE DATE OF APRIL 3, 2006.
WETLAND NOTE:
WETLANDS SHOWN THIS PLAN ARE IN REVIEW FOR DELINEATION.
EXISTING UTILITY EASEMENT
TRACED SANITARY
GRAVITY SEWER
EXISTING UTILITY EASEMENT
30' WATER & SEWER
EASEMENT
EXISTING TREELINE
EXISTING UTILITY EASEMENT
30' WATER & SEWER
EASEMENT
EXISTING TREES TO REMAIN IN BUFFER /
STREET YARD / OPEN SPACE AREAS
EXISTING WATER &
SEWER EASEMENTS
EXISTING DITCHES
= PROPOSED SIDEWALK
Planning Board - December 1, 2022
ITEM: 2 - 9 - 3
Public Comments
In Support X
Neutral X
In Opposition X
Planning Board - December 1, 2022
ITEM: 2 - 10 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/1/2022
Regular
DEPARTMENT: Planning PRESENTER(S): Julian Griffee, Current Planner
CONTACT(S): Julian Griffee; Rebekah Roth, Planning & Land Use Director
SUBJECT:
Request by Samuel Franck with Ward and Smith, P.A., applicant, on behalf of Wilmington Development Group,
Inc, property owner, to rezone approximately 7.63 acres of land located at 147 Brentwood Drive from R-15,
ResidenAal to (CZD) R-5, ResidenAal for a quadraplex and triplex residenAal development.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 7.63 acres at 147 Brentwood Drive from R-15, Residen0al, to
(CZD) R-5, Condi0onal Residen0al District. The proposed development consists of 3 triplex and 10 quadraplex buildings
on the parcel, which is located between exis0ng single-family dwellings along Glendale Drive to the north and
Brentwood Drive to the west and south. Businesses fron0ng Castle Hayne Road border the property to the east.
The R-15 district in this area was established in 1972. At the 0me, the purpose of the R-15 district was to ensure that
housing served by private sep0c and wells would be developed at low densi0es. Since that 0me, water and sewer
services have begun to become available to nearby larger developments. However, the general area remains primarily
zoned for low density housing with business and industrial uses located along Castle Hayne Road. The purpose of the
R-5, Residen0al District is to provide lands that accommodate moderate to high density single-family detached and
single-family a;ached development.
The proposal would be accessed by a drive in the southeastern corner of the site, connec0ng the development to
Brentwood Drive. A gated access for EMS has been proposed in the southwestern corner of the site.
The development’s proposed method of stormwater management will be two wet deten0on ponds, one located along
the southern boundary of the parcel and one located towards the northeastern corner. A 20’ perimeter setback
containing a Type A opaque Buffer is indicated along the northern and southern boundaries of the project adjacent to
property zoned or developed as R-15, Residen0al Districts. The opaque buffer is not delineated within the area
designated as open space.
Currently, water and sewer are not available to the subject site. A mainline extension would be required before the
parcel could be developed as proposed. The applicant has indicated that necessary infrastructure will be installed to
deliver water and sewer to the subject site.
A s currently zoned, the site would be permi;ed a maximum of 19 single-family dwelling units if developed using
performance standards, at a density of 2.5 du/acre. The proposed 49-unit development equates to a density of 6.41
units per acre. The R-5 district allows up to 8 units per acre by-right.
T he subject property is located on a NCDOT maintained local road that only connects to Castle Hayne Road, a
NCDOT maintained minor arterial road.
T he es0mated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance
requirement for a Traffic Impact Analysis (TIA). As currently zoned, it is es0mated the site would generate about 16
Planning Board - December 1, 2022
ITEM: 3
AM trips and 21 PM trips during the peak hours if developed at the permi;ed density of 19 single-family dwellings. The
proposed R-5 development would increase the es0mated number of peak hour trips by approximately 4 AM and 4 PM
peak hour trips.
Based on a generalized historic genera0on rate, staff would es0mate that the increase in homes would result in
approximately 7 addi0onal students than would be generated under current zoning.
The subject property is located in the northern por0on of the county along a minor arterial road, Castle Hayne Road, in
between the Wrightsboro neighborhood commercial node and downtown Wilmington. The subject parcel is
approximately less than one mile from commercial services available at both the Airport Commerce employment
center to the east and less than two miles from the Wrightsboro commercial node to the north.
T he Comprehensive Plan classifies the subject parcel as Employment Center. Employment Center place types are
generally applied in areas like this that are intended to serve as employment and produc0on hubs where office and light
industrial uses are easily available. However, low to moderate density residen0al uses are encouraged within this place
type to support the employment and produc0on hubs. The subject parcel is located between established residen0al
uses to the north and west that are classified as the General Residen0al place type and commercially-zoned land that
accommodates automo0ve-related uses to the east classified as the Employment Center place type. As the subject
site is located between these uses, this type of housing could be an appropriate infill and transi0onal development and
support the commercial and industrial ac0vity intended to be located within the employment center.
The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for
the type of housing diversity that is recommended in the Employment Center place type, the residen0al densi0es are
in-line with those recommended within this place type, and the project will provide addi0onal housing in close
proximity to exis0ng and future commercial development serving nearby residents.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
This por0on of the Hightsville area of the county is posi0oned for future growth given the area’s loca0on along Castle
Hayne Road, a minor arterial that connects the Wrightsboro commercial node to downtown Wilmington. This
proposal is also in close proximity to the Airport Commerce Park employment center, and the proposal could serve as
an appropriate infill development and a transi0on between the surrounding land uses. Because the proposal in line
with the Comprehensive Plan recommenda0ons for this area, is similar in form and density to other residen0al projects
approved nearby, and may serve as a transi0onal buffer between the exis0ng neighborhoods, exis0ng commercial uses,
and future commercial ac0vity, staff recommends approval of this applica0on and suggests the following mo0on with
the applicant’s proposed condi0ons:
I move to recommend APPROVAL of the proposed rezoning to a (CZD) R-5 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the
types and mixture of uses recommended in the Employment Center place type and the residen0al densi0es are
in-line with those recommended for the property. I also find recommending APPROVAL of the rezoning
request is reasonable and in the public interest because the proposal would benefit the community by providing
diverse housing op0ons in close proximity to exis0ng employment centers. The proposal also provides a
transi0on between adjacent neighborhoods to west and the commercial and industrial uses to the east and will
provide addi0onal housing in close proximity to exis0ng and future commercial development in the Hightsville
area.
Planning Board - December 1, 2022
ITEM: 3
AlternaAve MoAon for Denial
I move to recommend DENIAL of the proposed rezoning to a (CZD) R-5 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for
the types and mixture of uses recommended in the Employment Center place type and the residen0al
densi0es are in-line with those recommended for the property, I find recommending DENIAL of the
rezoning request is reasonable and in the public interest because the proposal is not consistent with the
desired character of the surrounding community and the density will adversely impact the adjacent
neighborhoods.
ATTACHMENTS:
Descrip0on
Z22-22 - Script PB Final
Z22-22 - Staff Report PB Final
Z22-22 - Zoning
Z22-22 - FLUM
Z22-22 - Mailout
Initial Application Cover Sheet
Application Package PB
Concept Plan Cover Sheet
Brentwood Concept Plan
Public Comments Cover Sheet
Public Comments Opposition
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 1, 2022
ITEM: 3
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z22-22)
Request by Samuel Franck with Ward and Smith, P.A., applicant, on behalf of Wilmington Development
Group, Inc, property owner, to rezone approximately 7.63 acres of land located at 147 Brentwood
Drive from R-15, Residential to (CZD) R-5, Residential for a quadraplex and triplex residential
development.
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)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on
the Board discussion and items presented during the public hearing, would you like withdraw
your petition, request a continuance, or proceed with a vote?
6. 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 rezoning to a (CZD) R-5 district. I find it to
be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project
provides for the types and mixture of uses recommended in the Employment Center place type
and the residential densities are in-line with those recommended for the property. I also find
recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the proposal would benefit the community by providing diverse housing options in
close proximity to existing employment centers. The proposal also provides a transition
between adjacent neighborhoods to west and the commercial and industrial uses to the east
and will provide additional housing in close proximity to existing and future commercial
development in the Hightsville area.
Planning Board - December 1, 2022
ITEM: 3 - 1 - 1
Example Motion for Denial
I move to recommend DENIAL of the proposed rezoning to a (CZD) R-5 district. While I find it
to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project
provides for the types and mixture of uses recommended in the Employment Center place type
and the residential densities are in-line with those recommended for the property, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because
the proposal is not consistent with the desired character of the surrounding community and the
density will adversely impact the adjacent neighborhoods.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional R-5
district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the
Comprehensive Plan because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in
the public interest because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - December 1, 2022
ITEM: 3 - 1 - 2
Z22-22 Staff Report PB 12.1.2022 Page 1 of 17
STAFF REPORT FOR Z22-22
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z22-22
Request:
Rezone 7.63 acres to (CZD) R-5, Conditional Residential District
Applicant: Property Owner(s):
Ward and Smith, P.A., c/o Samuel B. Franck Wilmington Development Group, Inc.
Location: Acreage:
147 Brentwood Drive 7.63
PID(s): Comp Plan Place Type:
R04110-005-008-000 Employment Center
Existing Land Use: Proposed Land Use:
Undeveloped 49-unit Single-Family Attached Residential
Development
Current Zoning: Proposed Zoning:
R-15, Residential District (CZD) R-5, Conditional Residential District
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential R-15
East Commercial Uses B-2
South Single-Family Residential R-15
West Single-Family Residential R-15
Z22-22 Castle Hayne Rd
Planning Board - December 1, 2022
ITEM: 3 - 2 - 1
Z22-22 Staff Report PB 12.1.2022 Page 2 of 17
ZONING HISTORY
July 1, 1972 Initially zoned R-15 (Area 9A)
COMMUNITY SERVICES
Water/Sewer
Water and sewer services are not available through CFPUA; mainline
extension would be required before the parcel could be served. The
applicant has indicated that necessary infrastructure will be installed to
deliver water and sewer to the subject site.
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 Cape Fear Optimist Park, Blue Clay Bike Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Z22-22
Planning Board - December 1, 2022
ITEM: 3 - 2 - 2
Z22-22 Staff Report PB 12.1.2022 Page 3 of 17
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Proposed Site Plan with Staff Markups
• The applicant is proposing to rezone 7.63 acres to (CZD) R-5 to construct a 49-unit single-
family attached development at a density of 6.41 units per acre. The proposed plan also
includes stormwater management controls and open space amenities.
• The proposed development consists of 3 triplex and 10 quadraplex buildings on the parcel,
which is located between existing single-family dwellings along Glendale Drive to the north
and Brentwood Drive to the west and south. Businesses fronting Castle Hayne Road border
the property to the east.
• The proposal would be accessed by a drive in the southeastern corner of the site, connecting
the development to Brentwood Drive. A gated access for EMS has been proposed in the
southwestern corner of the site.
• The development’s proposed method of stormwater management will be two wet detention
ponds, one located along the southern boundary of the parcel and one located towards the
northeastern corner.
• A 20’ perimeter setback containing a Type A opaque Buffer is indicated along the northern
and southern boundaries of the project adjacent to property zoned or developed as R-15,
Residential Districts. The opaque buffer is not delineated within the area designated as
open space.
Type A Buffers
Stormwater Basins
Gated Access for EMS
Access onto Brentwood Dr
Planning Board - December 1, 2022
ITEM: 3 - 2 - 3
Z22-22 Staff Report PB 12.1.2022 Page 4 of 17
ZONING CONSIDERATIONS
• The R-15 district in this area was established in 1972. At the time, the purpose of the R-15
district was to ensure that housing served by private septic and wells would be developed
at low densities. Since that time, water and sewer services have begun to become available
to nearby larger developments. However, the general area remains primarily zoned for
low density housing with business and industrial uses located along Castle Hayne Road.
• As currently zoned, the site would be permitted a maximum of 19 single-family dwelling
units under the performance development standards, at a density of 2.5 du/acre.
• The purpose of the R-5, Residential District is to provide lands that accommodate moderate
to high density single-family detached and single-family attached development.
• The proposed 49-unit development equates to a density of 6.41 units per acre. The R-5
district allows up to 8 units per acre by-right.
• A Type-A opaque buffer will be required between the single-family residential uses and
the proposed development.
• Currently, water and sewer are not available to the subject site. A mainline extension would
be required before the parcel could be developed as proposed. The applicant has
indicated that necessary infrastructure will be installed to deliver water and sewer to the
subject site.
• If approved, the project would be subject to Technical Review Committee and Zoning
Compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
Planning Board - December 1, 2022
ITEM: 3 - 2 - 4
Z22-22 Staff Report PB 12.1.2022 Page 5 of 17
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - December 1, 2022
ITEM: 3 - 2 - 5
Z22-22 Staff Report PB 12.1.2022 Page 6 of 17
TRANSPORTATION
• Access is proposed to be provided to the subject property from Brentwood Drive to the
south, which is an NCDOT-maintained minor roadway. A gated access for EMS has been
proposed in the southwestern corner of the parcel that would connect to Brentwood Drive.
• As currently zoned, it is estimated the site would generate about 16 AM and 21 PM trips
during the peak hours if developed at the permitted density of 19 single-family dwellings.
The proposed R-5 development would increase the estimated number of peak hour trips by
approximately 4 AM peak hour and 4 PM peak hour 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).
Planning Board - December 1, 2022
ITEM: 3 - 2 - 6
Z22-22 Staff Report PB 12.1.2022 Page 7 of 17
• 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.
WMPO Average Daily Traffic (ADT) - 2021
Road Location Volume Capacity V/C
Castle Hayne Road Between Division Drive &
Gordon Road 17,234 16,803 1.03
• 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 improvement required through the NCDOT driveway permitting process.
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development
under Current Zoning
(ITE Code 210):
19 Single-Family Dwellings 16 AM / 21 PM
Proposed Development:
Single-family Attached
(ITE Code 215):
49 Single-family Attached
Dwelling Units 20 AM / 25 PM
Planning Board - December 1, 2022
ITEM: 3 - 2 - 7
Z22-22 Staff Report PB 12.1.2022 Page 8 of 17
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
• STIP Project U-5863
o Project to widen Castle Hayne Road into multi-lanes from I-140 to Division Drive.
Right-of-Way acquisition and Utilities is currently scheduled to take place in FY
2025.
Planning Board - December 1, 2022
ITEM: 3 - 2 - 8
Z22-22 Staff Report PB 12.1.2022 Page 9 of 17
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. Preservation
Point
Phase 1
• 123 single-family
dwellings
• 27 multi-family dwellings
• Approved August 21, 2019
• Phase 1 – 2022 Build Out
Year
• 2023 Full Build Out Year
Full Build
• 123 single-family
dwellings
• 27 multi-family dwellings
• 5,000 sf of day care
• 3,000 sf of high-turnover
sit-down restaurant
• 2,000 sf of coffee/donut
shop with drive-thru
• Small office building with
20 employees
The TIA required improvements must be completed at certain intersections in the area. The notable
improvements consisted of:
• Phase 1: Construct a driveway at the entrance 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 - December 1, 2022
ITEM: 3 - 2 - 9
Z22-22 Staff Report PB 12.1.2022 Page 10 of 17
ENVIRONMENTAL
• The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
• The property is 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 I (suitable/slight limitations for septic suitability), Class II (moderate
limitations for septic suitability), and Class III (severe limitations for septic suitability).
• Currently, infrastructure does not exist to be served by CFPUA. A mainline extension would
be required before the parcel could be served. The applicant has indicated that necessary
infrastructure will be installed to deliver water and sewer to the subject site.
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 specialty high schools.
• A maximum of 19 dwelling units would be permitted under the current R-15 zoning base
density, and 49 units could potentially be developed under the proposed zoning for an
increase of 30 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 7 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 the 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 most
recent New Hanover County Schools Facility Needs Study.
Planning Board - December 1, 2022
ITEM: 3 - 2 - 10
Z22-22 Staff Report PB 12.1.2022 Page 11 of 17
Development Type Intensity Estimated Student Yield
(current general student generation rate) *
Existing Development Undeveloped Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
Typical Development
Under Current Zoning
(R-15)
19 Residential Units Approximate** Total: 4
(2 elementary, 1 middle, 1 high)
Proposed (CZD) R-5
Zoning 49 Residential Units Approximate** Total: 11
(4 elementary, 2 middle, 3 high)
*The current general student generation rate was calculated by dividing the projected New Hanover County public
school student enrollment for the 2022-2023 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.
• Staff has provided information on existing school capacity to provide a general idea of the
potential impact on public schools, but these numbers do not reflect any future capacity
upgrades.
School Enrollment* and Capacity** (2022-2023 School Year)
*Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year.
**Capacity calculations were determined based on the capacities for the 2022-2023 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 2021 facility needs survey 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 ten years if facility upgrades are funded.
Level
Total
NHC
Capacity
School
Enrollment of
Assigned
School
Capacity of
Assigned
School
w/Portables
Capacity of
Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 91% Wrightsboro 469 541 87% None
Middle 92% Holly Shelter 851 991 86% None
High 106% New
Hanover 1,467 1,678 87% None
Planning Board - December 1, 2022
ITEM: 3 - 2 - 11
Z22-22 Staff Report PB 12.1.2022 Page 12 of 17
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 proposed R-5 CZD zoning district would allow for an increase in housing diversity and
would allow those residents to utilize existing goods and services within one mile of the
subject property.
• The predominant housing type in the area is single family detached at 89%. Under the
proposed R-5 district the site would allow for single family attached residential (townhomes)
and increase housing type diversity by reducing the percentage of single family detached
(89% to 87%) and increase the percentage of single family attached units (1% to 3%).
• The subject property is located in the Wrightsboro community area, where 61.8% of
residents currently live within one-mile of a support service (urgent care, primary doctor’s
office, child & adult care, etc.). The proposed project would increase the number of
residences within one-mile of a support service (61.8% to 62.4%).
Planning Board - December 1, 2022
ITEM: 3 - 2 - 12
Z22-22 Staff Report PB 12.1.2022 Page 13 of 17
REPRESENTATIVE DEVELOPMENTS
Representative Developments of R-15:
Clay Crossing
Page’s Corner
Planning Board - December 1, 2022
ITEM: 3 - 2 - 13
Z22-22 Staff Report PB 12.1.2022 Page 14 of 17
Representative Developments of R-5:
Wrightsville Place
Leeward Village
Planning Board - December 1, 2022
ITEM: 3 - 2 - 14
Z22-22 Staff Report PB 12.1.2022 Page 15 of 17
Context and Compatibility
• While the area was zoned for low density housing in the mid 1970’s, this general area has
seen residential developments of higher densities and different housing types being
established recently than those historically found within the existing zoning district.
• The subject property is located on a NCDOT maintained local road that only connects to
Castle Hayne Road, a NCDOT maintained minor arterial road.
• The proposed developed is located between downtown Wilmington and the Wrightsboro
commercial node.
• The property abuts residentially zoned property to the north, south, and west, and B-2
zoned parcels to the east that currently accommodate commercial uses.
• As the property is located between established, lower-density single-family residences and
commercial uses fronting Castle Hayne Road, a minor arterial road, the proposal could
serve as transition between these uses.
• The subject site is located in close proximity to employment centers, namely the Airport
Commerce Park, and industrial uses along Castle Hayne Road towards downtown
Wilmington. As such, the project could serve as an appropriate infill project providing
different housing options in close proximity to concentrated employment areas.
• The proposal is at an overall density higher than that of the adjacent residential land uses.
However, there are performance residential developments nearby, including Hanover
Lakes and Windy Woods, that contain single-family dwelling units on lots smaller than
5,500 square feet.
• Type A, opaque buffers have been indicated on the site plan abutting residential lots on
the northern and southern boundaries of the subject site.
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.
Z22-08
Planning Board - December 1, 2022
ITEM: 3 - 2 - 15
Z22-22 Staff Report PB 12.1.2022 Page 16 of 17
Future Land Use
Map Place Type Employment Center
Place Type
Description
Serves as an employment and production hub where office and light
industrial uses predominate. It can also include residential, civic, and
recreational uses, but should be clearly delineated from rural and
conservation areas. Commercial uses designed to serve the needs of the
employment center are appropriate.
Analysis
The subject property is located in the northern portion of the county along
a minor arterial road, Castle Hayne Road, in between the Wrightsboro
neighborhood commercial node and downtown Wilmington. The subject
parcel is approximately less than one mile from commercial services
available at both the Airport Commerce employment center to the east and
less than two miles from the Wrightsboro commercial node to the north.
The site is located between existing single-family residences on the north,
south, and west. Residential developments that have been approved
nearby include Preservation Point, Hanover Lakes, and Windy Woods,
which all are performance developments and have lot sizes similar to that
of R-5 standards.
The Comprehensive Plan classifies the subject parcel as Employment Center.
Employment Center place types are generally applied in areas like this that
are intended to serve as employment and production hubs where office and
light industrial uses are easily available. However, low to moderate density
residential uses are encouraged within this place type to support the
employment and production hubs.
The subject parcel is located between established residential uses to the
north and west that are classified as the General Residential place type
and commercially-zoned land that accommodates automotive-related uses
to the east classified as the Employment Center place type. As the subject
site is located between these uses, this type of housing could be an
appropriate infill and transitional development and support the commercial
and industrial activity intended to be located within the employment center.
In addition, the project is in line with the preferred density range for
residential uses with the Employment Center place type, promotes the
mixture of uses recommended within the Employment Center place type,
and supports the Comprehensive Plan’s goal to provide for a range of
housing types and opportunities for households of different sizes and
income.
Consistency
Recommendation
The proposed rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the project provides for the type of housing
diversity that is recommended in the Employment Center place type, the
residential densities are in-line with those recommended within this place
type, and the project will provide additional housing in close proximity to
existing and future commercial development serving nearby residents.
Planning Board - December 1, 2022
ITEM: 3 - 2 - 16
Z22-22 Staff Report PB 12.1.2022 Page 17 of 17
STAFF RECOMMENDATION
This portion of the Hightsville area of the county is positioned for future growth given the area’s
location along Castle Hayne Road, a minor arterial that connects the Wrightsboro commercial node
to downtown Wilmington. This proposal is also in close proximity to the Airport Commerce Park
employment center, and the proposal could serve as an appropriate infill development and a
transition between the surrounding land uses. Because the proposal in line with the Comprehensive
Plan recommendations for this area, is similar in form and density to other residential projects
approved nearby, and may serve as a transitional buffer between the existing neighborhoods,
existing commercial uses, and future commercial activity, staff recommends approval of this
application and suggests the following motion with the applicant’s proposed conditions:
I move to recommend APPROVAL of the proposed rezoning to a (CZD) R-5 district. I find it
to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provides for the types and mixture of uses recommended in the Employment Center
place type and the residential densities are in-line with those recommended for the
property. I also find recommending APPROVAL of the rezoning request is reasonable and
in the public interest because the proposal would benefit the community by providing
diverse housing options in close proximity to existing employment centers. The proposal
also provides a transition between adjacent neighborhoods to west and the commercial and
industrial uses to the east and will provide additional housing in close proximity to existing
and future commercial development in the Hightsville area.
Alternative Motion for Denial
I move to recommend DENIAL of the proposed rezoning to a (CZD) R-5 district. While
I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan
because the project provides for the types and mixture of uses recommended in the
Employment Center place type and the residential densities are in-line with those
recommended for the property, I find recommending DENIAL of the rezoning request
is reasonable and in the public interest because the proposal is not consistent with the
desired character of the surrounding community and the density will adversely impact
the adjacent neighborhoods.
Planning Board - December 1, 2022
ITEM: 3 - 2 - 17
Planning Board - December 1, 2022
ITEM: 3 - 3 - 1
Planning Board - December 1, 2022
ITEM: 3 - 4 - 1
Planning Board - December 1, 2022
ITEM: 3 - 5 - 1
Initial Application
Documents & Materials
Planning Board - December 1, 2022
ITEM: 3 - 6 - 1
Planning Board - December 1, 2022
ITEM: 3 - 7 - 1
Planning Board - December 1, 2022
ITEM: 3 - 7 - 2
Planning Board - December 1, 2022
ITEM: 3 - 7 - 3
Planning Board - December 1, 2022
ITEM: 3 - 7 - 4
Planning Board - December 1, 2022
ITEM: 3 - 7 - 5
Planning Board - December 1, 2022
ITEM: 3 - 7 - 6
Planning Board - December 1, 2022
ITEM: 3 - 7 - 7
Planning Board - December 1, 2022
ITEM: 3 - 7 - 8
Planning Board - December 1, 2022
ITEM: 3 - 7 - 9
Planning Board - December 1, 2022
ITEM: 3 - 7 - 10
Planning Board - December 1, 2022
ITEM: 3 - 7 - 11
Attachment Redacted by
Planning Staff
Planning Board - December 1, 2022
ITEM: 3 - 7 - 12
Planning Board - December 1, 2022
ITEM: 3 - 7 - 13
Planning Board - December 1, 2022
ITEM: 3 - 7 - 14
Planning Board - December 1, 2022
ITEM: 3 - 7 - 15
Planning Board - December 1, 2022
ITEM: 3 - 7 - 16
Planning Board - December 1, 2022
ITEM: 3 - 7 - 17
Planning Board - December 1, 2022
ITEM: 3 - 7 - 18
Planning Board - December 1, 2022
ITEM: 3 - 7 - 19
Planning Board - December 1, 2022
ITEM: 3 - 7 - 20
Planning Board - December 1, 2022
ITEM: 3 - 7 - 21
Planning Board - December 1, 2022
ITEM: 3 - 7 - 22
Concept Plan
Planning Board - December 1, 2022
ITEM: 3 - 8 - 1
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10-28-2022
101-800
1
-
CONDITIONAL
REZONING
PLAN
ADDRESS:147 Brentwood Drive
PARCEL ID: R04110-005-008-000
CURRENT OWNER:Wilmington Development Group INC
TOTAL PROJECT AREA 7.63 Acres (332,363 SF)
EXISTING ZONING R-15
PROPOSED ZONING R-5 (PERFORMANCE RESIDENTIAL)
RESIDENTIAL LOTS PROPOSED 49 TOWNHOMES
PERFORMANCE RESIDENTIAL REQUIREMENTS
DIMENSIONAL STANDARDS REQUIRED PROPOSED
PERIMETER SETBACK 20'20'
DISTANCE BETWEEN MULTI-FAMILY UNITS 20'20'
MAXIMUM DENISTY
7.63 - .40 (WETLAND AND POND) ACRES =
7.23 NET ACREES 8 UNITS/ACRE MAX.6.78 UNITS/ACRE
SITE DATA
VICINITY MAP
NOT TO SCALE
SITE
SITE PLAN
MLD
MAS
JWM
L0.0
EXISTING TREES
SETBACK LINE
WETLAND LINE
LOT LINE
PROPERTY BOUNDARY
RIGHT OF WAY LINE
BUFFER LINE
OPEN SPACE
LEGEND
0 feet80
1" = 40'
40 120 160
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OFF-STREET PARKING CALCULATIONS
OPEN SPACE CALCULATIONS
REQUIRED PROPOSED
49 DWELLINGS
(2 SPACES / UNIT)98 SPACES 98 SPACES
OVERFLOW PARALLEL PARKING 11 SPACES
REQUIRED PROPOSED
OPEN SPACE
20% - PERFORMANCE RESIDENTIAL 62,988 SF 80,416 SF
BUFFERYARD 20' TYPE A 20' TYPE A
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60' PUBLIC ROW
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PROPERTY BOUNDARY
MAIL KIOSK
BUFFER - TYPE A
NATURAL AREA TO BE
SUPPLEMENTED AS
NECESSARY TO MEET
BUFFER 'TYPE A'
REQUIREMENTS
10,847 SF (.25 AC)
OPEN SPACE
28,955 SF (.66 AC)
OPEN SPACE
DRIVEWAY, TYPICAL
16'-0" EMERGENCY ACCESS WITH
GATED ENTRY
NCDOT STANDARD DRIVEWAY CONNECTION
4'
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20' PERIMETER SETBACK
ROW
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202122
232425
26 27 28 29 30 31 32 33
34 35 36 37 38 39 40 41
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PARALLEL
PARKING, TYPICAL
PROPOSED ROAD SECTION - 45' PUBLIC ROW
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ASPHALT PAVEMENT 4'-0" CONCRETE
SIDEWALK
6'-6" LANDSCAPE
PLAZA 4'-0"
6'-6" LANDSCAPE
PLAZA4'-0"
SECTION VIEW
SCALE: 3/16" = 1'-0"
45' PUBLIC ROW
SWING ARM GATE
WITH PADLOCK
GENERAL NOTES
16'-0"
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4'-0" SIDE
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PROJECT ENTRY
MONUMENT
1.SITE BOUNDARY, TREES, AND WETLAND INFORMATION TAKEN FROM SURVEY
PROVIDED BY HANOVER DESIGN SERVICES, PA, DATED MARCH 2021
2.THERE ARE NO EXISTING WATER OR SEWER LINES ON SITE
3.ALL PROTECTED TREES WILL BE PRESERVED OR MITIGATED.
4.SITE IS NOT LOCATED WITHIN A 100-YEAR FLOOD ZONE
5.ALL UTILITIES SHALL BE UNDERGROUND.
6.ALL SIGNS WILL BE LOCATED AND APPROVED BY THE NEW HANOVER COUNTY
PLANNING DEPARTMENT.
7.TACTILE WARNING MATS WILL BE INSTALLED ON ALL WHEELCHAIR RAMPS.
8.NO EXISTING DRIVEWAYS ARE TO BE CLOSED.
9.CONTRACTOR SHALL MAINTAIN ALL-WEATHER ACCESS FOR EMERGENCY VEHICLES
AT ALL TIMES DURING CONSTRUCTION.
10.NO EQUIPMENT IS ALLOWED ON SITE UNTIL ALL TREE PROTECTION FENCING AND SILT
FENCING IS INSTALLED AND APPROVED. PROTECTIVE FENCING IS TO BE MAINTAINED
THROUGHOUT THE DURATION OF THE PROJECT, AND CONTRACTORS SHALL RECEIVE
ADEQUATE INSTRUCTION ON TREE PROTECTION METHODS.
11.STOP SIGNS AND STREET SIGNS TO REMAIN IN PLACE DURING CONSTRUCTION.
12.ANY SIGNS TO BE MONUMENT STYLE AND/OR WALL SIGNS.
13.WATER AND SEWER SERVICE SHALL MEET CFPUA DETAILS AND SPECIFICATIONS.
14.PROPOSED WATER SERVICE WILL REQUIRE A STATE WATER PERMIT.
15.PROTECTIVE FENCING IS TO BE PROPERLY MAINTAINED THROUGHOUT THE DURATION
OF THE PROJECT.
16.LAND CLEARING AND CONSTRUCTION CONTRACTORS SHALL RECEIVE ADEQUATE
INSTRUCTION ON TREE PROTECTION REQUIREMENTS AND METHODS.
17.ANY TREES AND/OR AREAS DESIGNATED TO BE PROTECTED MUST BE PROPERLY
BARRICADED WITH FENCING AND PROTECTED THROUGHOUT CONSTRUCTION TO
INSURE THAT NO CLEARING AND GRADING OR STAGING OF MATERIALS WILL OCCUR
IN THOSE AREAS.
18.NO EQUIPMENT IS ALLOWED ON THE SITE UNTIL ALL TREE PROTECTION FENCING AND
SILT FENCING HAS BEEN INSTALLED AND APPROVED.
19.REGULATED AND SIGNIFICANT TREES IN THE STREET YARD AND ANY TREES IN ANY
REQUIRED BUFFERS ARE REQUIRED TO BE RETAINED.
20.ANY GROUND LEVEL MECHANICAL EQUIPMENT TO BE SCREENED AS NECESSARY.
21.THIS PLAN IS PRELIMINARY AND NOT FOR CONSTRUCTION AND IS SUBJECT TO
CHANGE IN ACCORDANCE WITH PROVISIONS OF THE NEW HANOVER COUNTY UNIFIED
DEVELOPMENT CODE.
22.THERE WILL BE NO PHASING ON THIS PROJECT.
23.ADDITIONAL FIRE PROTECTION AND/OR ACCESSIBILITY REQUIREMENTS MAY BE
REQUIRED DUE TO ANY SPECIAL CIRCUMSTANCES CONCERNING THE PROJECT.
24.TRASH REMOVAL WILL BE ROLL OUT TRASH RECEPTACLES.
Planning Board - December 1, 2022
ITEM: 3 - 9 - 1
Public Comments
In Support X
Neutral X
In Opposition 1
Planning Board - December 1, 2022
ITEM: 3 - 10 - 1
From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Brittany
Castillo <mvolkmar@nhcgov.com>
Sent: Friday, November 18, 2022 1:02 PM
To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert;
rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary
Subject: Public Comment on Planning Board - Z22-22 (147 Brentwood Drive)
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Name
Brittany Castillo
Address
114 Victoria dr
Wilmington, North Carolina 28401
United States
Map It
Email
BrittanyCastillo@gmail.com
Projects available for comment.
Planning Board - Z22-22 (147 Brentwood Drive)
What is the nature of your comment?
Oppose project
Public Comment
Our community is all single family homes; the developers are going to destroy our neighborhood atmosphere
with these triplexes and quadraplexes. There have been large communities they are adding nearby
(preservation point, and the one behind the food lion) that Have affected traffic negatively and this will only
make that worse. There is not proper drainage and the overall affect of these large complexes potentially
coming into our quaint neighborhood will devastate our community and lower our property values. No no no,
please protect our family neighborhood.
Planning Board - December 1, 2022
ITEM: 3 - 11 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/1/2022
Regular
DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Current Planner
CONTACT(S): Zach Dickerson; Rebekah Roth, Planning & Land Use Department
SUBJECT:
Public Hearing
Rezoning Request (Z18-02M) - Request by Cindee Wolf with Design Solu7ons, applicant, on behalf of Bailey &
Fuller Proper7es, LLC, property owner, to modify the CZD zoning of two parcels totaling approximately 3.44 acres
of land located at 7887 Market Street from (CZD) B-2, Regional Business and O&I, Office and Ins7tu7onal to
(CZD) B-2, Regional Business.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 3.44 acres to (CZD) B-2 in order to construct a three-story mixed-
use development. Poten+al uses include financial ins+tu+on, business services, instruc+onal services, general retail,
offices, personal services, restaurant, and residen+al.
The applicant's concept plan includes the proposed three-story building with mixed-use office and commercial space
on the first two floors, with the possibility of 12 two-bedroom residen+al units on the third. These residen+al units
would only be permi3ed with a Special Use Permit, which is a separate considera+on from this rezoning. The concept
plan includes a 37.5' Special Highway Overlay District Streetyard.
The subject parcels are bounded by Bump Along Road to the east, Raintree Road to the west and Market Street to the
south. The site is located near the Porters Neck Growth Node.
The subject site consists of two parcels. The parcel that fronts Market St is currently zoned (CZD) B-2, while the rear
parcel is zoned O&I. These parcels were first rezoned in 2011 for a religious ins+tu+on. The parcel that fronts Market
was rezoned to (CZD) B-2 in 2018 for a two-story commercial development. Neither development has moved forward
at this +me.
The O&I district is intended to provide lands that accommodate ins+tu+onal, professional office and other compa+ble
uses. There are a wide variety of uses permi3ed in O&I. Common uses include residen+al, educa+onal, civic
(government services) and office (medical, light commercial).
The current (CZD) B-2 zoning applies only to the por+on of the site fron+ng Market St, and would allow a project with
limited commercial uses, office space and a high-turnover restaurant. Because the concept plan has changed to
provide for a different site layout, both parcels are coming back for rezoning to (CZD) B-2.
The B-2 district was established to provide for the proper site layout and development of larger format or larger
structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the
appropriate loca+on and design of auto-oriented uses that meet the needs of the motoring public or that rely on pass-
by traffic.
The applicant is seeking a (CZD) B-2 zone as B-2 allows for building heights up to 50'.
Planning Board - December 1, 2022
ITEM: 4
Access is proposed to be provided to the subject property from Bump Along Road, a private local road, and from
Raintree Road, an NCDOT maintained road. Access on both Bump Along Road and Raintree Road will be full-access in
and out. Traffic calming devices are proposed on the Raintree Road entrance, as noted on the concept plan.
It is es+mated that the site will generate approximately 52 AM peak hour trips and 85 PM peak hour trips. A TIA was
completed for the original Z18-02 rezoning case. The site plan and proposed uses for Z18-02M do not include the
previously approved uses of "fast food restaurant with drive-thru" and "high turnover restaurant," so the trip
genera+on numbers for Z18-02M are lower and now fall below the 100 peak hour threshold that triggers the county's
TIA requirement. The applicant has proposed a condi+on that the improvements required as part of the approved
2018 Traffic Impact Analysis must be completed in accordance with NCDOT's standards prior to issuance of a
Cer+ficate of Occupancy.
The Comprehensive Plan classifies the site as Community Mixed Use, and it is located near the Porters Neck Growth
Node. The Community Mixed Use Place Type promotes a mix of retail, office, and residen+al development at
moderate densi+es. It also recommends higher-intensity mixed use with first floor retail and office with housing above
at a building height range of one to three stories.
The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it is located in an area
designated as Community Mixed Use, is located near a growth node, and provides for the uses that are appropriate for
this 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 themEnsure NHC has appropriate housing to
support business growthIncrease connec+vity of residents to each other and their investment to New Hanover
County
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Based on the recommended uses and intensity for Community Mixed Use places, the context and compa+bility with
the immediate surrounding area, and reduced traffic impact in this transi+onal area, staff recommends approval of
this applica+on and suggests the following mo+on with the proposed condi+ons.
I move to recommend AP PROVAL the proposed rezoning to a (CZD) B-2. I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use,
is located near a growth node, and provides for the uses that are appropriate for this area. I also find
recommending APP ROVAL of the rezoning request is reasonable and in the public interest because the proposal
provides neighborhood-serving commercial development.
Proposed Condi7ons:
1. The improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in
accordance with NCDOT's standards prior to issuance of a Cer+ficate of Occupancy.
2. The two-way vehicular connec+on to Raintree Road, extending to Bump Along Road, must be included within a
30-foot wide access easement that is dedicated for public use.
3. The por+on of Bump Along Road adjoining the subject property must be improved as a minimum 20' paved,
two-way drive and dedicated for public use, either by dedica+ng an access easement or private right-of-way.
4. Subject property owners will par+cipate with all other property owners along Bump Along road in a road
maintenance agreement for their pro-rate road frontage.
Planning Board - December 1, 2022
ITEM: 4
5. Exterior ligh+ng, including luminaries and security lights, shall be arranged or shielded so as not to cast
illumina+on in an upward direc+on above an imaginary line extended from the light sources parallel to the
ground. Fixtures shall be numbered such that adequate levels of ligh+ng are maintained, but that light spillage
and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller
than 20'.
Alterna7ve Mo7on for Denial
I move to recommend DENIAL of the proposed rezoning to a (CZD) B-2. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use,
is located near a growth node, and provides for the uses that are appropriate for this area, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent
with the desired character of the surrounding community and will adversely impact the adjacent neighborhood.
ATTACHMENTS:
Descrip+on
Z18-02M PB Script
Z18-02M Staff Report
Z18-02M Zoning Map
Z18-02M FLUM
Z18-02M Mailout Map
Initial Application Cover Sheet
Z18-02M Application
Z18-02M Community Meeting Information
Concept Plan Cover Sheet
Z18-02M Concept Plan
TIA Cover Sheet
Z18-02M TIA
Z18-02M Public Comments Cover Sheet
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 1, 2022
ITEM: 4
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z18-02M)
Rezoning Request (Z18-02M) – Request by Cindee Wolf with Design Solutions, applicant, on behalf of
Bailey & Fuller Properties, LLC, property owner, to modify the CZD zoning of two parcels totaling
approximately 3.44 acres of land located at 7887 Market Street from (CZD) B-2, Regional Business and
O&I, Office and Institutional to (CZD) B-2, Regional Business.
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 and supporter comments (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)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on
the Board discussion and items presented during the public hearing, would you like withdraw
your petition, request a continuance, or proceed with a vote?
6. 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 rezoning to a (CZD) B-2. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in
an area designated as Community Mixed Use, is located near a growth node, and provides
for the uses that are appropriate for this area. I also find recommending APPROVAL of the
rezoning request is reasonable and in the public interest because the proposal provides
neighborhood-serving commercial development.
Proposed Conditions:
1. The improvements required as part of the approved 2018 Traffic Impact Analysis must be
completed in accordance with NCDOT’s standards prior to issuance of a Certificate of
Occupancy.
2. The two-way vehicular connection to Raintree Road, extending to Bump Along Road, must be
included within a 30-foot wide access easement that is dedicated for public use.
Planning Board - December 1, 2022
ITEM: 4 - 1 - 1
3. The portion of Bump Along Road adjoining the subject property must be improved as a minimum
20’ paved, two-way drive and dedicated for public use, either by dedicating an access
easement or private right-of-way.
4. Subject property owners will participate with all other property owners along Bump Along Road
in a road maintenance agreement for their pro-rata road frontage.
5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not
to cast illumination in an upward direction above an imaginary line extended from the light
sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting
are maintained, but that light spillage and glare are not directed at adjacent property,
neighboring areas, or motorists. Light posts shall be no taller than 20’.
Example Motion for Denial
I move to recommend DENIAL the proposed rezoning to a (CZD) B-2. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in
an area designated as Community Mixed Use, is located near a growth node, and provides
for the uses that are appropriate for this area, I find recommending DENIAL of the rezoning
request is reasonable and in the public interest because it is not consistent with the desired
character of the surrounding community and will adversely impact the adjacent neighborhood.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional B-1
district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the
Comprehensive Plan because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in
the public interest because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - December 1, 2022
ITEM: 4 - 1 - 2
Z18-02M Staff Report PB 12.1.2022 Page 1 of 18
STAFF REPORT FOR Z18-02M
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z18-02M
Request:
Rezoning to a Conditional B-2 district
Applicant: Property Owner(s):
Cindee Wolfe with Design Solutions Bailey & Fuller Properties, LLC
Location: Acreage:
7887 & 7957 Market St 3.44
PID(s): Comp Plan Place Type:
R03600-003-042-005 & R03600-003-042-
004 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Commercial & Office Space, Mixed Use with
potential residential units
Current Zoning: Proposed Zoning:
(CZD) B-2 and O&I (CZD) B-2, Regional Business
SURROUNDING AREA
LAND USE ZONING
North Religious Institution, Banking Services R-15
East Commercial Services - across Market St. B-2
South Multi-Family Residential (Amberleigh Shores)- across
Market St.
City of Wilmington (MD-
17)
West
Single-Family Residential R-15
Planning Board - December 1, 2022
ITEM: 4 - 2 - 1
Z18-02M Staff Report PB 12.1.2022 Page 2 of 18
ZONING HISTORY
July 6, 1971 Initially zoned R-15 | (Area 5)
February 21,
2011
Approved Rezoning Case Z-909: Rezoned from R-15 to O&I for religious
institution.
April 2, 2018 Approved Rezoning Case Z18-02: Rezoned the southern parcel from O&I
to (CZD) B-2 for commercial and office space.
COMMUNITY SERVICES
Water/Sewer
Water services are available through CFPUA. Sanitary sewer is available
through CFPUA with a force main connection or can be serviced by a private
septic system approved and permitted by the NHC Health Department.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Ogden Station
Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools
Recreation Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - December 1, 2022
ITEM: 4 - 2 - 2
Z18-02M Staff Report PB 12.1.2022 Page 3 of 18
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Includes Staff Markups
• The applicant is proposing to construct a 3-story, 50’ height building, with 12,800 sq ft of
retail use on the first floor and 25,600 sq ft of office space on the second and third floors.
The corresponding parking for the site is located adjacent to the building with an additional
lot to the north.
• The proposed site plan limits the uses to the following
o Residential units (third floor)- only permitted with a Special Use Permit
o Indoor recreation (no shooting range permitted)
o Bank and/or financial institution
o Business Service Center
o Restaurant (no drive-thru permitted)
o Offices for private business & professional activities
37.5’ SHOD Streetyard
Planning Board - December 1, 2022
ITEM: 4 - 2 - 3
Z18-02M Staff Report PB 12.1.2022 Page 4 of 18
o Instructional services & studios
o Personal services, general (no tattoo parlor permitted)
o Retail sales, general
• The applicant’s proposed conceptual plan includes a 37.5’ enhanced SHOD streetyard,
located in the 75’ setback in the Special Highway Overlay District (SHOD). The SHOD is
designed to protect the natural beauty and scenic vista that exists along specially
designated roadways that serve as major accessways and gateways into unincorporated
New Hanover County.
• The applicant has also proposed the potential for residential use on the third floor; this
would be tied to a Special Use Permit which is a separate consideration from this rezoning.
ZONING CONSIDERATIONS
• The subject parcels have been rezoned multiple times since R-15 zoning was initially
established in 1971. At the time, the purpose of the R-15 district was to ensure that housing
served by private septic and well would be developed at low densities. Since that time,
water and sewer services have become more available to the surrounding area.
• These parcels were first rezoned in 2011 to O&I for a religious institution. The O&I district
is intended to provide lands that accommodate institutional, professional office and other
compatible uses. There are a wide variety of uses permitted in O&I. Common uses include
residential, educational, civic (government services) and office (medical, light commercial).
• The current (CZD) B-2 zoning applies only to the portion of the site fronting Market St, and
would allow a project with limited commercial uses, office space and a high-turnover
restaurant. The O&I district is still applied to the rear parcel.
• The B-2 district was established to provide for the proper site layout and development of
larger format or larger structure size business uses, including big box stores and automobile
dealers. It is also designed 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.
• Because the concept plan has changed to provide for a different site layout, both parcels
are coming back for rezoning to (CZD) B-2.
Planning Board - December 1, 2022
ITEM: 4 - 2 - 4
Z18-02M Staff Report PB 12.1.2022 Page 5 of 18
Z18-02, original site plan
• The current (CZD) B-2 zoning of the front parcel and the proposed (CZD) B-2 zoning require
a 30’ side setback and a 35’ rear setback. If this rezoning is approved, both parcels would
be subject to the B-2 side and interior setbacks from residential properties. The current O&I
district of the rear parcel requires a 25’ side setback and a 30’ rear setback for the
adjacent residential properties.
• The applicant is seeking a (CZD) B-2 zone as B-2 allows for building heights up to 50’.
• The proposed site is located in the SHOD, which prescribes a minimum 100’ front setback
for buildings. This may be reduced by 25% if the development provides additional
plantings along the right-of-way.
• The proposed (CZD) B-2 district requires a Type A: Opaque Buffer between itself and
adjacent residential uses.
• The UDO contains controls on exterior lighting on site. The maximum illumination levels at
the common property line with the residential properties to the north and west shall not
exceed 0.5-foot candles. The height of exterior light fixtures shall not exceed 25 feet and
all exterior luminaries shall be cut-off fixtures that are directed downward. In no case shall
lighting be directed at or above a horizontal plane through the lighting fixture.
• If approved, the project would be subject to Technical Review Committee and Zoning
Compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
Planning Board - December 1, 2022
ITEM: 4 - 2 - 5
Z18-02M Staff Report PB 12.1.2022 Page 6 of 18
AREA SUBDIVISIONS UNDER DEVELOPMENT
Z18-02M
Planning Board - December 1, 2022
ITEM: 4 - 2 - 6
Z18-02M Staff Report PB 12.1.2022 Page 7 of 18
TRANSPORTATION
• Access is proposed to be provided to the subject property from Bump Along Road, a private
local road, and from Raintree Road, an NCDOT maintained road.
• Access on Bump Along Road and Raintree Road will be full-access in/out.
• Traffic calming devices are proposed on the Raintree Road cut-through, as noted on the
concept plan.
• The entrance to Market Street from Bump Along Road is full-access.
• A TIA was completed for the Z18-02 rezoning case. The site plan and proposed uses for
Z18-02M do not include the previously approved uses of “fast food restaurant with drive-
thru” and “high turnover restaurant,” so the trip generation numbers for Z18-02M are lower
and now fall below the 100 peak hour threshold that triggers the County’s TIA requirement.
Planning Board - December 1, 2022
ITEM: 4 - 2 - 7
Z18-02M Staff Report PB 12.1.2022 Page 8 of 18
Required Improvements
• The applicant has proposed as a condition for Z18-02M that the improvements required as
part of the approved 2018 Traffic Impact Analysis must be completed in accordance with
NCDOT’s standards prior to issuance of a Certificate of Occupancy.
• The TIA recommends the installation of a southbound right turn lane extending from Bump
Along Road to Mendenhall Drive with the turn lane tying into the U-turn bump-out designed
for the future U-4902D project, which includes installation of a sidewalk along Market St.
The TIA also recommends the signalization to the future U-turn at Market Street intersection.
These improvements will require coordination with NCDOT, whereas NCDOT would design
and construct the improvements as part of the U-4902D project with the developer being
responsible for the associated costs.
• The WMPO and NCDOT have approved the TIA and accepted the recommended
improvements. The approval letter, which lists all of the transportation improvements for the
project, is included in the Board’s packet.
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Development under
Current Zoning:
13,000 sq ft office
building (typical O&I
buildout on this
acreage)
15,000 sq ft
retail/commercial
building approved in
Z18-02
40 AM / 51 PM
134 AM / 264 PM
Proposed Development: 38,400 sq ft. 3-story
building 52 AM / 85 PM
Planning Board - December 1, 2022
ITEM: 4 - 2 - 8
Z18-02M Staff Report PB 12.1.2022 Page 9 of 18
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
• STIP Project U-4902D – Market Street Improvements
o Project for access management improvements from N. College Road to Station Road
and from Middle Sound Loop Road to the Mendenhall Drive/Marsh Oaks Drive
intersection.
o Install a center median and pedestrian accessways along Market Street from Middle
Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a
10-foot multi-use path on the eastern side of the street, and a 5-foot sidewalk on
the western side of the street.
o The project is currently under construction and is expected to be completed by early-
2023.
Planning Board - December 1, 2022
ITEM: 4 - 2 - 9
Z18-02M Staff Report PB 12.1.2022 Page 10 of 18
• STIP Project U-4751, U-4751A – Military Cutoff Extension
o Project to extend Military Cutoff from Market Street to I-140.
o The project is currently under construction and is expected to be completed in early-
2023.
o The project will also install a sidewalk and multi-use path along the extension of
Military Cutoff and the sections of Market Street included in the project.
Nearby Traffic Impact Analyses:
Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed
by the build out date established within the TIA.
Proposed Development Land Use/Intensity TIA Status
1. Bayshore
Commercial
• 20,000 sf Medical/Dental
Office
• 70,000 sf Shopping Center
• 8,000 sf High Turnover Sit
Down Restaurant
• 4,000 sf Fast Food
Restaurant with Drive Thru
• TIA approved September 11,
2019
• 2022 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Signalized full movement intersection at Market and Bayshore/Torchwood
• Construct pocket left turn lane at T-intersection
• Construct westbound approach for ingress and egress
• Proposed stop-controlled full movement intersection at Market and Church Driveway
Nearby Proposed Developments included within the TIA:
• None
Development Status: No construction has occurred at this time.
Planning Board - December 1, 2022
ITEM: 4 - 2 - 10
Z18-02M Staff Report PB 12.1.2022 Page 11 of 18
Proposed Development Land Use/Intensity TIA Status
2. The Primrose School
of Mayfaire
• Day Care Center, up to
191 students
• TIA approved September 29,
2021
• 2022 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Provide a northbound right turn lane at the site access on Market Street
• Extension of the southbound left turn lane on Market Street to 400’ of storage with an
appropriate deceleration and taper length. This improvement is already programmed
and expected to be built by others.
Nearby Proposed Developments included within the TIA:
• Amberleigh Shoes II-B
Development Status: No construction has occurred at this time.
Proposed Development Land Use/Intensity TIA Status
3. The Bailey Shoppes
(original TIA
completed for this
development)
• 11,800 sq ft building,
commercial
• 3,000 sq ft building,
commercial
• TIA approved February 20,
2018
• 2022 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Hwy 17- Construct a dedicated southbound right-turn lane from Bump Along Road to
Mendenhall Drive. This turn lane will tie into the U-turn bump out being provided by U-
4902D.
• Bump Along Road- Site Drive 1 must be located on Bump Along Road so that it provides
a minimum corner clearance from 100ft from Market St.
• Raintree Road- provide interconnectivity of the development site to Raintree Road by
providing a two-way, two lane road connection matching the pavement width and typical
section at the property line.
Nearby Proposed Developments included within the TIA:
• None
Development Status: No construction has occurred at this time.
Planning Board - December 1, 2022
ITEM: 4 - 2 - 11
Z18-02M Staff Report PB 12.1.2022 Page 12 of 18
Proposed Development Land Use/Intensity TIA Status
Beaumont Oaks
• 62 single family detached
units
• 34 single family attached
units
• 204 multi-family (low rise)
units
• Revised TIA approved June
22, 2022
• 2023 Build Out Year
The TIA requires improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Upon attaining 1,000 daily site trips, applicant to provide updated traffic counts and
Phasing Study Analysis
• Construct eastbound ingress/egress at Shiraz Way with stop control and internal
protected stem
• Construct westbound ingress/egress at Market St with stop control and internal protected
stem
Nearby Proposed Developments included within the TIA:
• None
Development Status: Construction is scheduled to be complete in 2023
ENVIRONMENTAL
• The property is not within a Natural Heritage Area.
• The part of the property that fronts Market St does contain wetlands regulated by the US
Army Corps of Engineers. The Corps of Engineers is working with the applicant to address
wetland mitigation.
• The rear of the property, where the parking is located, does contain wetlands that are to
be preserved as noted on the concept plan.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I & III soils. Class III indicates severe limitation. However, the site is
expected to be served by CFPUA when developed. These soils will not impact this project.
Planning Board - December 1, 2022
ITEM: 4 - 2 - 12
Z18-02M Staff Report PB 12.1.2022 Page 13 of 18
OTHER CONSIDERATIONS
Representative Comparable Developments of existing (CZD) B-2
Rendering of Z22-18
Two-story mixed use development, Courtyard at Masonboro
Planning Board - December 1, 2022
ITEM: 4 - 2 - 13
Z18-02M Staff Report PB 12.1.2022 Page 14 of 18
Two-story mixed use development, Masonboro Station
Planning Board - December 1, 2022
ITEM: 4 - 2 - 14
Z18-02M Staff Report PB 12.1.2022 Page 15 of 18
Representative Comparable Developments of proposed (CZD) B-2:
3-story office and residential building, Mayfaire
3-story office and residential building, Lumina Commons
Planning Board - December 1, 2022
ITEM: 4 - 2 - 15
Z18-02M Staff Report PB 12.1.2022 Page 16 of 18
Context and Compatibility
• The property is located along Market Street, a major commercial corridor.
• This property is near the Porters Neck Growth Node, an area of the County that is seeing
rapid growth.
• Much of the surrounding land to the North and West is used for residential purposes, while
parcels to the South and the East are developed for commercial use.
• The subject site is across Market St from Amberleigh Shores, a three-story multi-family
residential development.
• The applicant has proposed 12 two-bedroom residential units for this site, on the third floor.
These units would only be permitted through a Special Use Permit, and would make this a
mixed-use site, which is appropriate and encouraged in the Community Mixed Use Place
Type.
• After the completion of the Military Cutoff Rd. extension (proposed in 2023), some of the
traffic flow will be alleviated in this area. The Porters Neck commercial service node will
become more of a destination for nearby residents rather than a pass-through area for
traffic traveling to and from Pender County.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Planning Board - December 1, 2022
ITEM: 4 - 2 - 16
Z18-02M Staff Report PB 12.1.2022 Page 17 of 18
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 use include office, retail, mixed use, recreational,
commercial, institutional, multi-family and single-family residential.
Analysis
The subject property is located in the northeastern portion of the county
along a major road corridor and is near the Porters Neck Growth Node. It
is in close proximity to both residential uses and other commercial services.
The Comprehensive Plan classifies the property as Community Mixed Use,
which promotes development of small-scale, mixed-use developments. This
place type is common for areas along highway corridors. This place type
assignment is intended to support more density near major roads with a
transition to lower densities adjacent to existing lower intensity residential
neighborhoods.
The subject property would ideally provide for the needs of adjacent
residential neighborhoods and support multi-modal connections to the higher
intensity growth node to the Northeast. The proposed project can provide
lower-intensity commercial services for nearby residents, while incorporating
the planned Market Street multi-use path (U-4902D) and improving road
interconnectivity that will provide additional access for residents of the
abutting neighborhoods.
The applicant is proposing a 38,400 sq ft, 3-story building on a 3.44 acre
site. Commercial uses and office space are encouraged in the proposed B-
2 zoning district, the intent of which is to provide proper site layout and
development of larger format or larger structure size business uses. This is
the type of use that one is likely to see along a commercial corridor.
This project is a modification of Z18-02, which was originally approved by
the Board of Commissioners in 2018. The updated site plan reconfigures the
building layout, limits some of the originally proposed uses and adds
parking.
Consistency
Recommendation
The proposed rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because it is located in an area designated as
Community Mixed Use, is located near a growth node, and provides for the
uses that are appropriate for this area.
Planning Board - December 1, 2022
ITEM: 4 - 2 - 17
Z18-02M Staff Report PB 12.1.2022 Page 18 of 18
STAFF RECOMMENDATION
Based on the recommended uses and intensity for Community Mixed Use places, the context and
compatibility with the immediate surrounding area, and reduced traffic impact in this transitional
area, staff recommends approval of this application and suggests the following motion with the
proposed conditions:
I move to APPROVE the proposed rezoning to a (CZD) B-2. I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because it is located in an area
designated as Community Mixed Use, is located near a growth node, and provides for
the uses that are appropriate for this area. I also find APPROVAL of the rezoning
request is reasonable and in the public interest because the proposal provides
neighborhood-serving commercial development.
Proposed Conditions:
1. The improvements required as part of the approved 2018 Traffic Impact Analysis must
be completed in accordance with NCDOT’s standards prior to issuance of a Certificate
of Occupancy.
2. The two-way vehicular connection to Raintree Road, extending to Bump Along Road,
must be included within a 30-foot wide access easement that is dedicated for public
use.
3. The portion of Bump Along Road adjoining the subject property must be improved as a
minimum 20’ paved, two-way drive and dedicated for public use, either by dedicating
an access easement or private right-of-way.
4. Subject property owners will participate with all other property owners along Bump
Along Road in a road maintenance agreement for their pro-rata road frontage.
5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded
so as not to cast illumination in an upward direction above an imaginary line extended
from the light sources parallel to the ground. Fixtures shall be numbered such that
adequate levels of lighting are maintained, but that light spillage and glare are not
directed at adjacent property, neighboring areas, or motorists. Light posts shall be no
taller than 20’.
Alternative Motion for Denial
I move to DENY the proposed rezoning to a (CZD) B-2. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because it is
located in an area designated as Community Mixed Use, is located near a growth
node, and provides for the uses that are appropriate for this area, I find DENIAL of
the rezoning request is reasonable and in the public interest because it is not consistent
with the desired character of the surrounding community and will adversely impact the
adjacent neighborhood.
Planning Board - December 1, 2022
ITEM: 4 - 2 - 18
Planning Board - December 1, 2022
ITEM: 4 - 3 - 1
Planning Board - December 1, 2022
ITEM: 4 - 4 - 1
Planning Board - December 1, 2022
ITEM: 4 - 5 - 1
Initial Application
Documents & Materials
Planning Board - December 1, 2022
ITEM: 4 - 6 - 1
Page 1 of 6
Conditional Zoning District Application – Updated 02-2022
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 ZONING APPLICATION
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
Design Solutions
Cindee Wolf
Bailey & Fuller Properties, L.L.C.
Wilmington, NC 28406 Jacksonville, NC 28541
910-620-2374 910-346-8443
cwolf@lobodemar.biz cwbaileyandassociates.biz (Contact: Chris Bailey)
405 D Western Blvd. P.O. Box 7221
Planning Board - December 1, 2022
ITEM: 4 - 7 - 1
Page 2 of 6
Conditional Zoning District Application – Updated 02-2022
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.
7887 & 7957 Market Street
3.44 ac.(CZD) B-2 & O&I Community Mixed-Use
3.44 ac.
316905.18.8602 / 316905.18.6800
(CZD) B-2
The proposed project is a 3-story structure with basic commercial uses on the ground floor,
offices on the second floor, and the opportunity to put additional offices or residential units on
the third floor. Uses will be limited to:
** Indoor recreation (no shooting range permitted)
** Bank and / or Financial Institution
** Business Service Center
** Restaurant (no drive-thru permitted)
** Offices for private business & professional activities
** Instructional services & studios
** Personal services, general (no tattoo parlor permitted)
** Retail sales, general
** Commercial Mixed-use (if approved by SUP)
** The improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in
accordance with NCDOT's standards prior to issuance of a Certificate of Occupancy.
** The two-way vehicular connection to Raintree Road, extending to Bump Along Road, must be included within a
30-foot wide access easement that is dedicated for public use.
** The portion of Bump Along Road adjoining the subject property must be improved as a minimum 20' paved, two-
way, drive and dedicated for public use, either by dedicating an access easement or private right-of-way.
** Subject property owners will participate with all other property owners along Bump Along Road in a road
maintenance agreement for their pro-rata road frontage.
** Exterior lighting, including luminaries & security lights, shall be arranged or shielded so as not to cast illumination
in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall
be numbered such that adequate levels of lighting are maintained, but that light spillage & glare are not directed at
adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty (20) feet.
Planning Board - December 1, 2022
ITEM: 4 - 7 - 2
Page 3 of 6
Conditional Zoning District Application – Updated 02-2022
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.
52 85
Planning Board - December 1, 2022
ITEM: 4 - 7 - 3
Page 4 of 6
Conditional Zoning District Application – Updated 02-2022
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?
Planning Board - December 1, 2022
ITEM: 4 - 7 - 4
Page 5 of 6
Conditional Zoning District Application – Updated 02-2022
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:
• $600 for 5 acres or less
• $700 for more than 5 acres
• $300 in addition to base fee for applications requiring TRC review
Community meeting written summary
Traffic impact analysis (if applicable)
• The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided.
• The official TIA approval letter is required prior to this item being placed on
the Board of Commissioners meeting agenda.
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
• 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.
• 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.
• All existing and proposed easements, required setbacks, rights-of-way, and
buffers.
• The location of Special Flood Hazard Areas.
• 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.
• Approximate location and type of stormwater management facilities
intended to serve the site.
• Approximate location of regulated wetlands.
• 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
CAW
CAW
CAW
CAW
CAW
CAW
CAW
CAW
Planning Board - December 1, 2022
ITEM: 4 - 7 - 5
Planning Board - December 1, 2022
ITEM: 4 - 7 - 6
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Location: 7957 Market Street
Proposed Zoning: (CZD) B-2 & O & I 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 28, 2022 . A copy of the written notice is also attached.
The meeting was held at the following time and place: Tuesday, October 11th, 6:00 p.m.;
Ogden Park Picnic Shelter #2.
The persons in attendance at the meeting were: Reference attached sign-in List
The following issues were discussed at the meeting: A brief synopsis was given of the
proposed development changes compared to the previous commercial development on the
Market Street frontage only. Primary topics of conversation were proposed uses, traffic
on Raintree Road, and particularly existing drainage issues. It was explained that the same
improvements required by the previous Traffic Impact Analysis would be made for this
project. Also, that storm drainage improvements, including not only on-site management of
runoff from project surfaces, but other mitigation features should assist in remedying existing
flooding problems. Additional information was provided, as requested, on buffering, tree
preservation, and mitigation.
As a result of the meeting, the following changes were made to the rezoning petition: None
Date: October 31, 2018
Applicant: Design Solutions
By: Cindee Wolf
Planning Board - December 1, 2022
ITEM: 4 - 8 - 1
Planning Board - December 1, 2022
ITEM: 4 - 8 - 2
1
cwolf@lobodemar.biz
From:cwolf@lobodemar.biz
Sent:Monday, October 17, 2022 11:37 AM
To:'Cindy Dunigan'
Subject:RE: Bailey Shoppes
Attachments:2018 Approved Plan.pdf; Bailey Shoppes Exhibit.pdf; Elevs Exhibit.pdf; Johnny Williams Survey
Update May2021.pdf; Tree Retention Regs.pdf; Construction Limits Exhibit.pdf
Cindy,
Sorry for the email delivery error, but I did receive this.
The exhibits I had the other evening are attached – including the existing approved plan that can be constructed
whether the proposed modification moves forward or not.
My purpose in mentioning it is with that scenario, the back lot could be developed for any permitted use in the Code. It
is not currently controlled by a “conditional” district overlay. The modification proposal would include that parcel into
the overall project boundary and provide some surety of development controls.
I’ve answered your questions below. Sometimes explanations are much easier in conversation. Don’t hesitate to call if
you have other questions or need further clarification.
From: Cindy Dunigan <weepingwilowe@gmail.com>
Sent: Sunday, October 16, 2022 2:01 PM
To: cwolf@lobodemar.biz; Cindy Dunigan <weepingwilowe@gmail.com>
Subject: Bailey Shoppes
Hi Cindy ‐
Thank you for your time on October 11th at Ogden Park to discuss the Bailey Shops & Offices project.
One of my neighbors picked up some drawings(s) that night...can you send me what you have please?
I have a couple questions:
1. Why did the developer decide to change from 2 buildings to 1?
The initial plan was substantially still a single building. There was just a pedestrian walkway between the
“structures.”
2. If they decide to do condo's will they be rentals or sold?
There would potentially be enough floor area for a maximum of twelve (12) 2‐bedroom “condominiums” on
the top floor – IF the developer found that residential tenants were interested. To the best of my knowledge, the
Developer would maintain ownership of the entire building. The units, whether commercial, office or residential,
would be rented.
3. The Market Street road work has started at Mendenhal for the UTurn but there doesn't' look like a dedicated lane
from the UTurn to Bump Along. Didn't you mention that would be the case?
The NCDOT improvement project does not include a right‐turn lane into Bumpalong Road. It will be the
responsibility of this developer to install that full lane from the u‐turnaround at Mendenhall to Bumpalong – at his
cost – prior to occupancy of this project being issued. Likewise, the widening & pavement improvements to
Bumpalong and the connection to Raintree would need to be in‐place prior to actual use of this property.
4. When will the tree mitigation be done?
Planning Board - December 1, 2022
ITEM: 4 - 8 - 3
2
I have reviewed the actual field survey of the current conditions, and attached a printout for you. Also
attached is the County regulation for tree retention. Mitigation is required only for “significant” trees that need to be
removed for “essential site improvements.” Other than a couple of large‐trunk Pines, removal of the “regulated”
trees within the rear parking area is permitted. The rear of the parking area is over 40’ from the rear boundary
line. No tree removal (of any size tree) will be permitted within the first 20’ – considered “buffer.” If there is still
visibility into the site , then the existing vegetation has to be supplemented with new evergreen shrubs that will
screen to a height of at least six (6) feet. Additional trees in the next 20’ would only be removed if necessary for
grading the parking pad. Before construction begins, tree protection fencing has to be installed around the limits of
disturbance. This protects natural areas that are committed for preservation – including the rear buffer. Mitigation
of the Pines would be either planting or payment‐in‐lieu of approximately sixty (60) new trees – IN ADDITION TO – all
trees normally required for the landscape regulations: streetyard, buffer, parking shading & foundation plantings. All
new plantings would not be required until completion of construction and request for occupancy.
Thanks again,
Cindy Dunigan
129 Bump Along Rd, Wilmington, NC 28411
614‐361‐8400
Planning Board - December 1, 2022
ITEM: 4 - 8 - 4
5-22 New Hanover County, NC | Unified Development Ordinance
5.3.4. TREE RETENTION STANDARDS
A. Identification of Regulated Trees
Three types of trees are regulated or protected by this section. They are
Documented Trees, Significant Trees, and Specimen Trees. This categorization of
trees is based on the tree species and existing minimum Diameter at Breast Height
(DBH) of the trees. Documented Trees, Significant Trees, and Specimen Trees
regulated or protected by this section are identified in Table 5.3.4.A: Regulated
Trees.
Table 5.3.4.A: Regulated Trees
Regulated Tree Type Minimum Diameter at
Breast Height (DBH)
Documented Trees
Dogwoods and American Hollies 4 inches
Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 8 inches
Other Conifers 12 inches
Significant Trees
Dogwoods, Magnolias, Native Flowering Trees, and American
Hollies 8 inches
Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 18 inches
Other Conifers 24 inches
Specimen Trees
Live Oaks, Pond Cypress, and Bald Cypress 36 inches
* Only includes Sweetgums when they are located within required vegetative buffer areas or
required open space set-asides
B. The Planning Director may permit or require a reduction in required street yards,
landscape islands, foundation plantings, setbacks, or other dimensional, parking, or
landscaping standards for the purpose of retaining significant or specimen trees.
C. A minimum of 15 trees at least two inches DBH or two caliper inches, as applicable,
shall be retained or planted on a parcel where development occurs in accordance
with Section 5.4, Landscaping and Buffering.
D. Regulated trees within a 50-foot perimeter of the property must be retained and
protected during non-exempt tree harvests. All significant trees shall be retained.
E. If existing trees and shrubs on the site where a transitional buffer is required meets
at least 50 percent of the required opacity standards, then those trees and shrubs
shall be retained for use in buffering and supplemented as needed with plantings,
fences, and/or berms to meet the required standards of Section 5.4.3, Transitional
Planning Board - December 1, 2022
ITEM: 4 - 8 - 5
Planning Board - December 1, 2022
ITEM: 4 - 8 - 6
Planning Board - December 1, 2022
ITEM: 4 - 8 - 7
ADJACENT PROPERTIES WITHIN 500' PERIMETER OF 7887 & 7957 MARKET STREET:
OWNER NAME MAILING ADDRESS CITY / STATE / ZIP SITUS ADDRESS
4 BEA LLC 109 MENDENHALL DR WILMINGTON, NC 28411 109‐B MENDENHALL DR WILMINGTON
4 BEA LLC 109 MENDENHALL DR WILMINGTON, NC 28411 109‐A MENDENHALL DR WILMINGTON
4 BEA LLC 109 MENDENHALL DR WILMINGTON, NC 28411 109 MENDENHALL DR WILMINGTON
7946 MARKET STREET LLC 537 UPLAND DR WILMINGTON, NC 28411 7946 MARKET ST WILMINGTON
ALABASTER MICHAEL G ETAL 113 BUMP ALONG RD WILMINGTON, NC 28405 113 BUMP ALONG RD WILMINGTON
ALDI LLC PO BOX 460047 HOUSTON, TX 77056 7954 MARKET ST WILMINGTON
ALLEN RICHARD RPO BOX 1867 FAYETTEVILLE, NC 28302 7815 RAINTREE RD WILMINGTON
AMBERLEIGH SHORES LLC 900 BROOKSTONE CENTRE PKWY COLUMBUS, GA 31904 7910 MARKET ST WILMINGTON
BARNES JAMES L IV ETAL 7802 RAINTREE RD WILMINGTON, NC 28411 7802 RAINTREE RD WILMINGTON
BOWMAN REX ETAL 125 MENDENHALL DR WILMINGTON, NC 28405 125 MENDENHALL DR WILMINGTON
BRINKER STEPHEN A PATRICIA G 205 MENDENHALL DR WILMINGTON, NC 28411 205 MENDENHALL DR WILMINGTON
BROUSSEAU RAYMOND E 201 MENDENHALL DR WILMINGTON, NC 28411 201 MENDENHALL DR WILMINGTON
CAPE FEAR HABITAT FOR HUMANITY 3310 FREDRICKSON RD WILMINGTON, NC 28401 7858 RAINTREE RD WILMINGTON
CASSEL RACHAEL E KEVIN W 7820 SANSBERRY CT WILMINGTON, NC 28411 7820 SANSBERRY CT WILMINGTON
COLLINS RICHARD STANLEY 7807 RAINTREE RD WILMINGTON, NC 28411 7807 RAINTREE RD WILMINGTON
COLLINS SIDNEY R 7809 HAZELTON CT WILMINGTON, NC 28405 7809 HAZELTON CT WILMINGTON
CORNING FEDERAL CREDIT UNION PO BOX 767 CORNING, NY 14830 7961 MARKET ST WILMINGTON
CROMARTIE CHEVALIER V KELLY A 7839 RAINTREE RD WILMINGTON, NC 28411 7839 RAINTREE RD WILMINGTON
DUNIGAN MARY L ETAL 129 BUMP ALONG RD WILMINGTON, NC 28411 121 BUMP ALONG RD WILMINGTON
DUNIGAN MARY L ETAL 129 BUMP ALONG RD WILMINGTON, NC 28411 129 BUMP ALONG RD WILMINGTON
EDGE CABINET COMPANY INC PO BOX 1379 CLINTON, NC 28329 7843 RAINTREE RD WILMINGTON
FAZARRI ANDREW JAN 7831 SANSBERRY CT WILMINGTON, NC 28411 7831 SANSBERRY CT WILMINGTON
GEORGE RONALD E 7812 HAZELTON CT WILMINGTON, NC 28411 7812 HAZELTON CT WILMINGTON
GRATHWOL PROPERTY HOLDINGS LLC PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7814 RAINTREE RD WILMINGTON
GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7819 SANSBERRY CT WILMINGTON
GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, N 28480 7847 RAINTREE RD WILMINGTON
GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7838 RAINTREE RD WILMINGTON
GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7818 RAINTREE RD WILMINGTON
GUTHERIE HILLARY ETAL 133 MENDENHALL DR WILMINGTON, NC 28411 133 MENDENHALL DR WILMINGTON
GUTIERREZ ANDRADE LAZARO 7801 HAZELTON CT WILMINGTON, NC 28411 7801 HAZELTON CT WILMINGTON
HERREN SAMUEL J DELWOOD W 7825 SANSBERRY CT WILMINGTON, NC 28411 7825 SANSBERRY CT WILMINGTON
JACKSON INVESTMENTS INC 446 AQUARIUS DR WILMINGTON, NC 28411 7799 ALEXANDER RD WILMINGTON
JENSEN PAUL G 7805 HAZELTON CT WILMINGTON, NC 28411 7805 HAZELTON CT WILMINGTON
KLUKAS RICHARD K 116 BUMP ALONG RD WILMINGTON, NC 28411 128 BUMP ALONG RD WILMINGTON
LIBERTY BAPTIST CHURCH OF WILM INC 7957 MARKET ST WILMINGTON, NC 28405 7957 MARKET ST WILMINGTON
MITCHELL DEBORAH 7827 SANSBERRY CT DR WILMINGTON, NC 28411 7827 SANSBERRY CT WILMINGTON
MONTELEONE NICHOLAS 5505 COLONIAL OAKS DR APEX, NC 27539 118 BUMP ALONG RD WILMINGTON
PENLAND ALICE FAYE PO BOX 10012 WILMINGTON, NC 28405 7810 RAINTREE RD WILMINGTON
POTTER WALTER LARRY VIRGINIA S 7804 HAZELTON CT WILMINGTON, NC 28405 7804 HAZELTON CT WILMINGTON
REMY LLC 7890 MARKET ST WILMINGTON, NC 28411 7890 MARKET ST WILMINGTON
RICHARDET AARON J DANIELLE L 9100 SALEM CT WILMINGTON, NC 28411 138 BUMP ALONG RD WILMINGTON
ROUSE ROBERT A PAMELA C 7803 RAINTREE RD WILMINGTON, NC 28405 7803 RAINTREE RD WILMINGTON
SAKASH THOMAS E 7824 PENCADE RD WILMINGTON, NC 28405 7828 PENCADE RD WILMINGTON
SANTABALLA ELENA V MARK MARCUM 6007 WARING AVE LOS ANGELES, CA 90038 129 MENDENHALL DR WILMINGTON
SHALLOW TRAVIS LEIGH 117 BUMP ALONG RD WILMINGTON, NC 28411 117 BUMP ALONG RD WILMINGTON
SHIN BOO MIN 7808 HAZELTON CT WILMINGTON, NC 28411 7808 HAZELTON CT WILMINGTON
SMITH WARREN D AMELIA S 137 MENDENHALL DR WILMINGTON, NC 28411 137 MENDENHALL DR WILMINGTON
SPENGLER RORRIE A ETAL 7811 RAINTREE RD WILMINGTON, NC 28405 7811 RAINTREE RD WILMINGTON
THOMAS DUANE CATHERINE 209 MENDENHALL DR WILMINGTON, NC 28411 209 MENDENHALL DR WILMINGTON
WILKES BAILEY C 7806 RAINTREE RD WILMINGTON, NC 28411 7806 RAINTREE RD WILMINGTON
WQGOODMAN PROPERTIES LLC 963 CHADWICK SHORES DR SNEADS FERRY, NC 28460 7888 MARKET ST WILMINGTONPlanning Board - December 1, 2022
ITEM: 4 - 8 - 8
September 28, 2022
To: Property Owners in the Vicinity
Re: Bailey Shoppes & Offices – 7887 Market Street
A commercial project was approved for this tract back in April, 2018, but construction has been
pending completion of the NCDOT improvements to Market Street. With that being closer, my clients
are interested in proceeding with a modified plan for the project. This proposal would require a
Conditional Zoning District (CZD) re‐approval from New Hanover County.
A Conditional Zoning District allows particular uses to be established only in accordance with specific
standards and conditions pertaining to each individual development project. Essentially, this means
that only that use(s), structure and layout of an approved proposal can be developed. An exhibit of the
updated project layout is enclosed.
Specific points of change include the elimination of any drive‐thru use, adding a 3rd story, and the
improvement of the previously non‐designated rear lot as a parking area. As to vehicular trip
generation, these changes will actually reduce it from the previous proposal, but the recommended
adjacent road improvements would still be completed.
A meeting will be held on Tuesday, October 11th, 6:00 p.m., at Picnic Shelter #2, Ogden Park Drive
(north side of the lake adjacent to the Dog Park). It will provide an opportunity for further explanation
of the proposal and for questions to be answered concerning project improvements, benefits and
impacts. If you cannot attend, you are also welcome to contact me at telephone # 910‐620‐2374, or
email cwolf@lobodemar.biz with comments and/or questions.
We appreciate your interest in the project, look forward to being an asset to the community.
Planning Board - December 1, 2022
ITEM: 4 - 8 - 9
Planning Board - December 1, 2022
ITEM: 4 - 8 - 10
Planning Board - December 1, 2022
ITEM: 4 - 8 - 11
Concept Plan
Planning Board - December 1, 2022
ITEM: 4 - 9 - 1
Planning Board - December 1, 2022
ITEM: 4 - 10 - 1
Traffic Impact Analysis
Planning Board - December 1, 2022
ITEM: 4 - 11 - 1
Planning Board - December 1, 2022
ITEM: 4 - 12 - 1
Planning Board - December 1, 2022
ITEM: 4 - 12 - 2
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - December 1, 2022
ITEM: 4 - 13 - 1