11-2-2023 Planning Board PacketNEW HANOVER COUNTY
PLANNING BOARD AGENDA
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301 Wilmington, NC 28401
Members of the Board
Jeffrey P Petroff, Chair |Donna Girardot, Vice-Chair
Paul Boney|Hansen Ma'hews |Jeffrey Stokley Jr. | H. Allen Pope |Colin J. Tarrant
Rebekah Roth, Director| Ken Vafier, Planning Manager
NOVEMBER 2, 2023 6:00 PM
Call to Order
Pledge of Allegiance
Approval of Minutes
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substanal changes in these peons as a result of objecons, debate,
and discussion at the meeng, including rezoning to other classificaons.
1 Public Hearing
Rezoning Request (Z23-21) – Request by Ronald Carlock with CIP Construc;on Company,
applicant, to rezone approximately 33.54 acres zoned R-15, Residen;al, B-2, Highway
Commercial, and I-1, Light Industrial located at 8138 Market Street to (CZD) RMF-M, Residen;al
Mul;-Family Moderate High Density for a maximum 348 single family a@ached dwelling units.
2 Public Hearing
Rezoning Request (Z23-19) – Request by Cindee Wolf with Design Solu;ons, applicant, to rezone
approximately 7.95 acres zoned (CZD) R-10, Residen;al and R-20, Residen;al located at 1728
Rockhill Road to (CZD) R-10, Residen;al for a maximum 24 dwelling units.
3 Public Hearing
Rezoning Request (Z23-20) – Request by Cindee Wolf with Design Solu;ons, applicant, to rezone
approximately 2.20 acres zoned (CZD) O&I, Office & Ins;tu;onal located at 2117 Castle Hayne
Road to (CZD) B-2, Regional Business for a maximum 18,000 square foot flex commercial
business space with limited uses.
4 Public Hearing
Text Amendment Request (TA23-03) - Request by New Hanover County Planning & Land Use to
amend Ar;cles 2 and 5 of the Unified Development Ordinance to incorporate standards for
electric vehicle charging sta;ons.
5 Public Hearing
Text Amendment Request (TA23-05) – Request by New Hanover County Planning & Land Use to
amend Sec;on 5.4 and Appendix 1 of the Unified Development Ordinance related to landscape
bonds and plat cer;ficates.
OTHER ITEMS
1 Adop;on of 2024 Mee;ng Calendar
Planning Board - November 2, 2023
2 Western Bank Study Presenta;on
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/2/2023
Regular
DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner
CONTACT(S): Zach Dickerson; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning &
Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z23-21) – Request by Ronald Carlock with CIP Construc8on Company, applicant, to rezone
approximately 33.54 acres zoned R-15, Residen8al, B-2, Highway Commercial, and I-1, Light Industrial located at
8138 Market Street to (CZD) RMF-M, Residen8al Mul8-Family Moderate High Density for a maximum 348 single
family aBached dwelling units.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 33.54 acres from B-2, Regional Business, I-1, Light Industrial, and
R-15, Residen/al, to the (CZD) RMF-M Residen/al Mul/-Family, Moderate Density district for a maximum 348-unit
townhome development.
The concept plan consists of 348 residen/al units laid out in 30 buildings. Each row of buildings has two end units which
are two stories with no garage- parking is in a driveway. The dwellings in between the two story units in each row are
three stories with a garage on the ground floor.
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 well would be developed at low densi/es. Since that /me, water and sewer
services have become available to the surrounding area. The B-2 por/on of this site was rezoned in 1985 to be
compa/ble with the auto parts business that was already in opera/on on the site. That auto parts store is no longer on
the site.
The I-1 zoning designa/on for this property reflected the industrial uses already in existence at the /me this area of
the county was ini/ally zoned. The exis/ng industrial uses and proper/es will remain and are not affected by this
rezoning. The I-1 por/on of the site is only 0.15 acres in area which is too small for considera/on of possible
development. It is included in this development to provide sufficient access to the interior of the site.
The RMF-M district was established to provide lands that accommodate moderate density single-family and mul/-
family development. The intent of the RMF-M 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.
This site is located in the Special Highway Overlay District (SHOD), which prescribes a minimum 100' front setback for
buildings. The SHOD also prescribes maximum square footage and height of signs. The amenity building meets the 100'
setback.
As currently zoned, the R-15 por/on of the site would allow 75 dwelling units under a performance residen/al
Planning Board - November 2, 2023
ITEM: 1
subdivision. It is es/mated that the 2.88 acres of property zoned B-2 can generally support approximately 22,500
square feet of tradi/onal retail uses based on a typical 18% building area for this type of zoning.
The proposed 348 units would result in an overall density of 10.94 dwelling units per acre.
As currently zoned, it is es/mated that the site would generate approximately 106 AM peak hour trips and 219 PM
peak hour trips. The proposed RMF-M development is es/mated to generate 131 AM peak hour trips and 170 PM
peak hour trips, increasing the number of AM peak hour trips by 25 and decreasing the number of PM peak hour trips
by 49.
The proposed project is located along a principal arterial highway that is currently over capacity; however, the Military
Cutoff Extension recently opened and is an/cipated to reduce traffic conges/on in the Porters Neck area. The
applicant has had a TIA approved by the NCDOT and WMPO requiring several roadway improvements, including a
new right-turn lane on Market Street on a northbound approach to this development and a new traffic signal at
Cypress Pond Way. There is a connec/on to Brays Drive which the applicant has proposed for emergency access only.
The TIA approval was based on full access at Brays Drive, which staff would recommend. If the Board is in support of
the applicant’s proposed gated access at Brays Drive, an updated TIA approval leGer would be required from the
WMPO and NCDOT. (The full TIA can be viewed here).
Students living in the proposed development would be assigned to Porters Neck Elementary School, Holly Shelter
Middle School and Laney High School. Based on a generalized historic genera/on rate, staff would es/mate the
increase in homes would result in approximate 60 addi/onal students than would be generated under current zoning.
Staff is in the process of analyzing the school capacity for the new school year and an/cipates providing updated data
for school enrollment and capacity at the Planning Board mee/ng.
The Comprehensive Plan designates these proper/es as both Urban Mixed Use and General Residen/al. The General
Residen/al place type focuses on lower density housing and associated civic and commercial services, recommending
up to 8 dwelling units per acre. The Urban Mixed Use place type focuses on higher density housing and associated
commercial services, recommending up to 25 dwelling units per acre. This project's proposed density at 10.94 units per
acre sits between the two place types' density recommenda/ons. The project is also located within the Porters Neck
Growth Node, iden/fied in the 2016 Comprehensive Plan.
The proposed RMF-M district and project are in line with the Comprehensive Plan’s recommenda/ons for the Urban
Mixed Use and General Residen/al place types. While the proposed project’s density is lower than recommended for
the Urban Mixed Use place type, it is higher than that which is recommended for General Residen/al. This proposed
project fits in between the two place types. The applica/on provides for the type of use and density that is appropriate
within this area and within the growth node.
The proposed RMF-M zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is
more in line with the densi/es that are appropriate for proper/es located in both the Urban Mixed Use and General
Residen/al place types. While staff would prefer addi/onal connec/ons and more commercial development along the
commercial corridor, the applica/on provides housing and an appropriate transi/on from the commercial node to the
lower density residen/al areas to the east.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning Board - November 2, 2023
ITEM: 1
Staff’s recommenda/on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera/ons, and
technical review. The proposal includes a density and housing type that appropriately sits in between the
recommended densi/es for the General Residen/al place type and the Urban Mixed Use place types. Staff is in
support of the addi/onal connec/vity included in the approved TIA, and while staff would prefer more commercial
development along the Market St corridor, the applica/on provides housing and an appropriate transi/on from the
commercial node to the lower density residen/al areas to the east.
As a result, Staff recommends approval of the proposal and suggests the following mo/on:
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 the district is more in line with the densi/es that
are appropriate for proper/es located in both the Urban Mixed Use and General Residen/al place types. I
also find recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the applica/on provides housing and an appropriate transi/on from the commercial node to the
lower density residen/al areas to the east.
Applicant Proposed Condi8ons:
1. Access to and from Brays Drive shall be gated and restricted to emergency vehicles only.
2. Buffers against residen/al proper/es are widened beyond New Hanover County minimum buffer
width requirements as shown on the condi/onal zoning plan. The buffers and open space areas are
variable widths and will contain a mixture of preserved exis/ng trees and/or augmented vegeta/on.
3. Areas of buffer and open space outside of essen/al site improvements and easements will
preserve exis/ng trees that are not dead, dying, or otherwise hazardous.
Staff Recommended Condi8ons, in addi8on to the applicant proposed condi8ons:
1. The connec/on to Brays Drive shall be a full through connec/on.
2. Bicycle and pedestrian infrastructure shall be installed up to the property line where internal roads
connect to adjacent parcels.
3. An overland relief path within a public drainage easement will be provided from the exis/ng pond
to the proposed pond ouLall.
4. Buildings will be a maximum of three stories.
Alterna8ve Mo8on for DENIAL (if based on informa/on presented at the public hearing or other considera/on
beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the district is more in line with the densi/es that
are appropriate for proper/es located in both the Urban Mixed Use and General Residen/al place types.,
[and] I find recommending DENIAL of the rezoning request is not reasonable and in the public interest
because the exis/ng B-2 zoning is more appropriate along the Market Street corridor and the proposal
funnels to only one access point.
ATTACHMENTS:
Descrip/on
Z23-21 Script
Z23-21 Staff Report PB
Z23-21 Zoning Map
Planning Board - November 2, 2023
ITEM: 1
Z23-21 Future Land Use Map
Z23-21 Mail Out Map
Initial Application Cover Sheet
Z23-21 Application Packet
Concept Plan Cover Sheet
Z23-21 Concept Plan
Traffic Impact Analysis Cover Sheet
Z23-21 TIA Approval Letter
Z23-21 TIA Executive Summary
Z23-21 Public Comments Cover Sheet
Z23-21 Public Comments 10-26-2023
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 2, 2023
ITEM: 1
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z23-21)
Rezoning Request (Z23-21) – Request by Ronald Carlock with CIP Construction Company, applicant, to rezone
approximately 33.54 acres zoned R-15, Residential, B-2, Highway Commercial, and I-1, Light Industrial located
at 8138 Market Street to (CZD) RMF-M, Residential Multi-Family Moderate High Density for a maximum 348
single family attached dwelling units.
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. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because the district is more in line with the
densities that are appropriate for properties located in both the Urban Mixed Use and
General Residential place types. I also find recommending APPROVAL of the rezoning request
is reasonable and in the public interest because the application provides housing and an
appropriate transition from the commercial node to the lower density residential areas to the
east.
Applicant Proposed Conditions:
1. Access to and from Brays Drive shall be gated and restricted to emergency vehicles only.
2. Buffers against residential properties are widened beyond New Hanover County minimum
buffer width requirements as shown on the conditional zoning plan. The buffers and open
space areas are variable widths and will contain a mixture of preserved existing trees
and/or augmented vegetation.
3. Areas of buffer and open space outside of essential site improvements and easements will
preserve existing trees that are not dead, dying, or otherwise hazardous.
Planning Board - November 2, 2023
ITEM: 1 - 1 - 1
Staff Recommended Conditions, in addition to applicant proposed conditions:
1. The connection to Brays Drive shall be a full through connection.
2. Bicycle and pedestrian infrastructure shall be installed up to the property line where
internal roads connect to adjacent parcels.
3. An overland relief path within a public drainage easement will be provided from the
existing pond to the proposed pond outfall.
4. Buildings will be a maximum of three stories.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the district is more in line with
the densities that are appropriate for properties located in both the Urban Mixed Use and
General Residential place types., [and] I find recommending DENIAL of the rezoning request
is not reasonable and in the public interest because the existing B-2 zoning is more appropriate
along the Market Street corridor and the proposal funnels to only one access point.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional 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 - November 2, 2023
ITEM: 1 - 1 - 2
Z23-21 Staff Report PB 11.2.2023 Page 1 of 20
STAFF REPORT FOR Z23-21
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z23-21
Request:
Rezoning to a Conditional RMF-M district
Applicant: Property Owner(s):
CIP Construction Company
Bee Safe Porters Neck, LLC
Herbert E Parham
Robert L Yunaska
Location: Acreage:
8100 Block of Market Street 33.54
PID(s): Comp Plan Place Type:
R03600-005-006-002, R03600-005-007-000,
R03700-004-147-000, R03700-004-148-000,
R03700-004-189-000, R03600-006-082-000
General Residential & Urban Mixed Use
Existing Land Use: Proposed Land Use:
Vacant Office, Undeveloped & Forestry Townhomes (Attached Single-Family, Row-
House) (Maximum 348 units)
Current Zoning: Proposed Zoning:
B-2, Regional Business & R-15, Residential, and I-
1, Light Industrial (CZD) RMF-M
SURROUNDING AREA
LAND USE ZONING
North Self-Storage and Food Lion Shopping Center, Open
Space B-1, B-2 & R-15
East Single-Family Residential R-15
South Single-Family Residential
R-15
Planning Board - November 2, 2023
ITEM: 1 - 2 - 1
Z23-21 Staff Report PB 11.2.2023 Page 2 of 20
West
Offices & Light Industrial (directly west) Porters Neck
Shopping Center (Walmart), Doctors Offices (across
Market St)
I-1 & B-2
ZONING HISTORY
July 6, 1971 Initially zoned R-15 and I-1 (Area 5).
December 2,
1985
B-2 portion rezoned to be compatible with the auto parts store in
operation on the site (Z-249)
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 Porters Neck Station
Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools
Recreation Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources, there is an existing pond on the eastern
boundary of the site which will remain.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - November 2, 2023
ITEM: 1 - 2 - 2
Z23-21 Staff Report PB 11.2.2023 Page 3 of 20
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Includes Staff Markups
• The applicant is proposing to construct a maximum of 348 townhouse units with an associated
amenity center.
• The applicant’s proposed conceptual plan includes a building height maximum of 3 stories.
• In each row, the end unit townhomes are two stories with a driveway and no garage. The
units in between in each row are three stories with a garage on the ground floor. The
townhomes closest to the single family homes are placed in proximity to the common areas
of the existing abutting neighborhoods.
• The concept plan places the amenity center and leasing office at the entrance to the
development, abutting the commercial corridor.
• The applicant’s proposed conceptual plan indicates that 13 acres (about 39%) of the site
will be reserved as open space, exceeding the UDO requirement of providing 20% open
space.
• The concept plan preserves the existing live oak trees on the site and the existing pond
toward the rear of the development.
• The applicant’s proposed conceptual plan includes opaque buffers along all property
boundaries that abut residential uses, noting that existing vegetated areas along the
periphery will be preserved and used as buffers. This feature of the concept plan has been
included as a condition.
Stormwater Pond
Ma
r
k
e
t
S
t
Brays Drive Access
Point
Amenity Center
and Main Access
Point Existing Pond
Planning Board - November 2, 2023
ITEM: 1 - 2 - 3
Z23-21 Staff Report PB 11.2.2023 Page 4 of 20
ZONING CONSIDERATIONS
• The R-15 district in this area were 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 available to the
surrounding area.
• As currently zoned, the R-15 portion of the site would allow 75 dwelling units under a
performance residential subdivision.
• The B-2 portion of this site was rezoned in 1985 to be compatible with the auto parts
business that was already in operation on the site. That auto parts store is no longer on the
site.
• The B-2 portion at 2.88 acres could support approximately 22,500 square feet of
traditional retail uses based on a typical 18% building area for this type of zoning.
• The I-1 zoning designation for this property reflected the industrial uses already in existence
at the time this area of the county was initially zoned. The existing industrial uses and
properties will remain and are not affected by this rezoning. The I-1 portion of the site is
only 0.15 acres which is too small for consideration of possible development. It is included
in this development to provide sufficient access to the interior of the site.
• The proposed site is located in the Special Highway Overlay District (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 SHOD also
prescribes maximum square footage and height of signs. The proposal meets the SHOD
requirements.
• While the site is zoned B-2, I-1 and R-15, the site is surrounded by commercial uses on its
market street frontage and single-family residential, zoned R-15, to the east, north and
south.
• The RMF-M district was established to provide lands that accommodate moderate density
single-family and multi-family development. The intent of the RMF-M 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.
• Under the RMF-M zoning district, there is a maximum density of 17 units per acre and
structures are limited to 3 stories unless an additional height allowance is granted, which
requires stricter setbacks. The applicant has specified a height maximum of 3 stories on their
concept plan.
• The proposed project has an overall density of 10.94 dwelling units per acre.
• The UDO requires streets to be continuous and to connect to existing or platted streets
without offset, including streets to adjacent developments.
• The UDO requires Type A: Opaque Buffers where the site abuts single-family residential
zoned parcels. This can include fencing, a berm and/or vegetation. The concept plan
proposes wider buffers than required, including using the existing vegetation on-site.
Planning Board - November 2, 2023
ITEM: 1 - 2 - 4
Z23-21 Staff Report PB 11.2.2023 Page 5 of 20
• 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.
AREA DEVELOPMENTS
Planning Board - November 2, 2023
ITEM: 1 - 2 - 5
Z23-21 Staff Report PB 11.2.2023 Page 6 of 20
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning
Typical development under current zoning would allow a
maximum of 75 single-family dwelling units and approximately
22,500 sq ft of traditional retail.
PROPOSED ACCESS
Primary Access Market Street via a right-in, right-out driveway.
Secondary Access Brays Drive (Dedicated for public use, but privately owned
and maintained by the Porters Pointe HOA)
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Market Street (US 17) Porters Neck Road
Type of Roadway NCDOT principal arterial NCDOT minor collector
Planning Board - November 2, 2023
ITEM: 1 - 2 - 6
Z23-21 Staff Report PB 11.2.2023 Page 7 of 20
Roadway Planning Capacity
(AADT) 41,369 10,979
Latest Traffic Volume (AADT) 42,500 15,000
Latest WMPO Point-in-Time
County (DT) 49,785 15,392
Current Level of Congestion Above planning capacity Above planning capacity
Planning Board - November 2, 2023
ITEM: 1 - 2 - 7
Z23-21 Staff Report PB 11.2.2023 Page 8 of 20
NEARBY NCDOT STIP ROADWAY PROJECTS
U-4902D – Market Street
Improvements
(2023 Completion)
- Access management improvements from N. College
Road to Station Road and from Middle Sound Loop
Road to the Mendenhall Drive/Marsh Oaks Drive
intersection.
- Installation of 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 wide multi-use path
on the eastern side of the street and a 5-foot wide
sidewalk on the western side of the street.
- With the widening of Market Street there will be a
signalized U-turn with a bulb-out just south of the
proposed entrance.
TRAFFIC GENERATION
Traffic
Generated
by Present
Designation
(R-15, 75
du)
Traffic
Generated
by Present
Designation
(B-2,
22,500 sq
ft retail)
Traffic
Generated by
Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 53 53 131 +25
PM Peak Hour Trips 71 148 170 -49
TRAFFIC IMPACT ANALYSIS (TIA)
New developments that are anticipated to generate more than 100 trips during any peak hour
period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. A
team of NCDOT, WMPO, and County planning staff work with an applicant’s traffic engineers to
develop the scope for the TIA, including the study area, the traffic data which must be collected, trip
distribution, and the developments and background traffic growth that must be analyzed. This
document is used to identify off-site transportation improvements required to mitigate the impacts of
the development and must be approved by the WMPO and NCDOT.
Approval Date January 31, 2023
Development Proposal
Analyzed 348 Dwelling Units- Multi-Family (low rise) residential.
Planning Board - November 2, 2023
ITEM: 1 - 2 - 8
Z23-21 Staff Report PB 11.2.2023 Page 9 of 20
Study Intersections
- Market Street and Hays Lane/Commercial Driveway
- Market Street and Cypress Pond Way
- Market Street and Porters Neck Road
- Porters Neck and Brays Drive (Site Access 2)
- Market Street and Site Access 1
Trip Generation
- 131 AM peak hour trips
- 170 PM peak hour trips
- 2,306 average daily trips
Traffic Data Collection - September 13, 2022
Trip Distribution and
Assignment
- 60% to/from the south on Market Street
- 40% to/from the north on Market Street
Approved
Developments &
Background Growth
- Marsh Oaks Mixed Use- 10,200 sq ft of medical, 6,300 sq ft
of strip retail, and 2,400 sq ft of high-turnover sit-down
restaurant.
- Primrose School of Mayfaire, 191-student daycare.
- Planned Roadway/Intersection Improvements
o Military Cutoff Road Extension (TIP U-4751), opened
October 2023
- Full Build – 2023
- Growth Rate – 1% per year
Planning Board - November 2, 2023
ITEM: 1 - 2 - 9
Z23-21 Staff Report PB 11.2.2023 Page 10 of 20
Required Improvements
Intersection: Market St and Hays Lane/Commercial Driveway
- No improvements required
Intersection: Market St and Cypress Pond Way
- Install a traffic signal and provide necessary coordination.
Intersection: Market St and Porters Neck Road
- No improvements are required
Intersection: Porters Neck Road and Brays Drive
- No improvements are required.
Intersection: Market St and Site Access 1
- Construct a continuous northbound thru-right turn lane on Market
St from the ABC store driveway continuing up to the thru-right
lane at the intersection of Market St and Porters Neck Road.
SUMMARY
The proposed project is located along a principal arterial highway that is currently over capacity;
however, the Military Cutoff Extension recently opened and is anticipated to reduce traffic congestion
in the Porters Neck area. The applicant has had a TIA approved by the NCDOT and WMPO requiring
several roadway improvements, including a new right-turn lane on Market Street on a northbound
approach to this development and a new traffic signal at Cypress Pond Way. There is a connection
to Brays Drive which the applicant has proposed for emergency access only. The TIA approval was
based on full access at Brays Drive, which staff would recommend. If the Board is in support of the
applicant’s proposed gated access at Brays Drive, an updated TIA approval letter would be required
from the WMPO and NCDOT.
ENVIRONMENTAL
• This property is not within a Natural Heritage Area. There is an existing pond on the site.
Per New Hanover County Engineering, the end of Lantana Lane and areas adjacent to the
existing pond have some historic flooding concerns. There is a suggested condition for an
overland relief path, such as a drainage ditch, within a public drainage easement from that
pond to the stormwater pond outfall.
• The property is within the Pages Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (Moderate), Class III (Severe) and Class IV (Unsuitable) soils.
However, the project will be served by CFPUA public water and sewer.
• The concept plan notes wetlands that were determined on a survey completed in 2003. The
concept plan states the permits will be updated through the Army Corps of Engineers. The
wetland designation was determined before recent changes to the federal definition of
wetlands.
Planning Board - November 2, 2023
ITEM: 1 - 2 - 10
Z23-21 Staff Report PB 11.2.2023 Page 11 of 20
OTHER CONSIDERATIONS
Schools
• Students living in the proposed development would be assigned to Porters Neck Elementary
School, Holly Shelter Middle School, and Laney High School. Students may apply to attend
public magnet, year-round elementary, or specialty high schools.
• A maximum of 75 dwelling units would be permitted under the current R-15 zoning base
density, and 348 units could potentially be developed under the proposed zoning for an
increase of 273 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 60 additional students than would be generated under
current zoning.
• Staff is in the process of analyzing the school capacity for the new school year and
anticipates providing updated data for school enrollment and capacity at the Planning
Board meeting.
• 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 Undeveloped Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
Typical Development Under
Current Zoning 75 residential units Approximate** Total: 17
(7 elementary, 4 middle, 5 high)
Proposed Zoning 348 residential units Approximate** Total: 77
(31 elementary, 17 middle, 24 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.
• Developments of the size and type associated with the proposed rezoning may not reach
full build-out for a few years, as reflected in the anticipated 2024 build-out referenced in
the Traffic Impact Analysis. As a result, existing school enrollment and capacity is not likely
to be relevant. New Hanover County Schools staff would include this project if approved
in future facility planning initiatives in order to accommodate any resulting student growth.
Planning Board - November 2, 2023
ITEM: 1 - 2 - 11
Z23-21 Staff Report PB 11.2.2023 Page 12 of 20
• 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 95% Porters Neck 601 549 109% None
Middle 108% Holly Shelter 851 991 86% None
High 93% Laney 2214 1941 114.1% None
Planning Board - November 2, 2023
ITEM: 1 - 2 - 12
Z23-21 Staff Report PB 11.2.2023 Page 13 of 20
New Hanover County Strategic Plan
On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-
2028. This plan focuses on three core areas: workforce and economic development, community
safety and well-being, and sustainable land use and environmental stewardship.
Strategic Plan Outcomes Relevant to
Proposal Analysis
Through planned growth and development,
residents have access to their basic needs.
The strategic objective to achieve this desired
outcome includes the provision of a variety of
housing options. The proposed CZD RMF-M
rezoning will provide new attached single-
family homes in an area of the county that is
largely single-family, detached and can aid in
achieving the target of increasing the housing
supply to a level of one residential unit per
every two residents. The 2022 Housing Needs
Assessment, also known as the Bowen Report,
concluded there is an estimated overall housing
gap of 12,147 rental units and a gap of
16,875 for-sale units within the County over the
next 10 years.
Natural areas and critical environmental
features are enhanced and protected.
While the conceptual plan included as part of
the proposed rezoning shows wetlands on the
site, the proposed development will not disturb
a large component of them and the areas that
will be impacted have been determined to not
be jurisdictional wetlands subject to Army
Corps of Engineers regulations. Homes are not
proposed to be located near the existing pond
on site. The proposed project sets aside
approximately twice the amount of open
space, at 13 acres, or 39% of the overall site.
The plan also proposes to protect existing large
live oak trees on the site.
Planning Board - November 2, 2023
ITEM: 1 - 2 - 13
Z23-21 Staff Report PB 11.2.2023 Page 14 of 20
Representative Developments
Representative Developments of R-15 (Existing Zoning):
Cottage Grove
B-2 Retail Development along Major Road Corridor
Planning Board - November 2, 2023
ITEM: 1 - 2 - 14
Z23-21 Staff Report PB 11.2.2023 Page 15 of 20
Representative Developments of Townhomes (Proposed Zoning/Land Use):
Plantation Village
Planning Board - November 2, 2023
ITEM: 1 - 2 - 15
Z23-21 Staff Report PB 11.2.2023 Page 16 of 20
Context and Compatibility
• The property is located in one of the county’s more densely developed corridors and
partially within the Porters Neck growth node as identified in the Comprehensive Plan.
• The property can only be accessed along Market Street via a right-in/right-out driveway.
The Brays Drive connection is proposed for emergency access only. However, the County
can require a through connection.
• While the eastern part of the property was zoned for lower density resident development
in the early 1970’s, both public water and sewer services are now available, which makes
this area less likely to be developed for low-density residential.
• The site plan places the amenity center closer to Market Street, a largely commercial
corridor. This serves as a transition from that corridor to the residential development.
• The recently opened Military Cutoff Extension is anticipated to alleviate some traffic
concerns in the Porters Neck Area, with Porters Neck becoming more of a local destination
rather than a thru-way for traffic traveling to and from Pender County.
• Required setbacks and transitional buffers provide additional mitigation for aesthetic
effects along the property boundaries. Multi-family residential developments require
transitional buffers where the site abuts single-family residential, consisting of vegetation,
berms, or fences with vegetation.
• Due to the location and surrounding development patterns, the property is less likely to be
developed with low density housing.
• The site plan does take into consideration the preservation of large live oak trees on the
site, most of which are considered specimen trees. The site plan also does not place
development close to the existing pond on site.
Planning Board - November 2, 2023
ITEM: 1 - 2 - 16
Z23-21 Staff Report PB 11.2.2023 Page 17 of 20
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type
Urban Mixed Use and General Residential
Because of the general nature of place type borders, sites located in
proximity to the boundaries between place types could be appropriately
developed with either place type, allowing site-specific features and
evolving development patterns in the surrounding area to be considered.
Place Type
Description
Urban Mixed Use: promotes development of a mix of uses at higher
densities. Types of uses encouraged include office, retail, mixed use, small
recreation, commercial, institutional, single-family, and multi-family
residential.
General Residential: focuses on lower-density housing and associated civic
and commercial services. Types of uses include single-family residential, low
density multi-family residential, light commercial, civic, and recreational.
Commercial uses should be limited to strategically located office and retail
spaces, while recreation and school facilities are encouraged throughout.
Planning Board - November 2, 2023
ITEM: 1 - 2 - 17
Z23-21 Staff Report PB 11.2.2023 Page 18 of 20
Analysis
The proposed townhome development is located along the Market Street
corridor in the Porters Neck area, which is identified as a high growth area
in the Comprehensive Plan.
Generally, the Comprehensive Plan designates areas along major
roadways for higher densities of residential and commercial development.
The Urban Mixed Use place type is closer to Market Street, transitioning to
General Residential as the property moved away from the higher intensity
road corridor. Place type borders are not fixed; however, the intent is for
that transitional development pattern between different levels of intensity.
In the past, where projects were located in more than one place type,
densities that are in the range between those two place types have been
seen as consistent as long as the development tries to transition or buffer
into lower density areas.
The overall project density of 10.94 dwelling units per acre is in between
that of the recommended densities of the General Residential place type of
no more than 8 units per acre, and the Urban Mixed Use place type of no
more than 25 units per acre. Given that the majority of the site lies within
the General Residential place type, the overall density being only slightly
higher than the General Residential place type recommendation is
appropriate.
The site plan takes into consideration existing natural features of the site,
including large live oak trees and a pond on the rear of the site.
The TIA approval includes a full access at Brays Drive, which staff is in
agreement with. If the Board is in support of the applicant’s proposed gated
access, an updated TIA approval letter would be required from the WMPO
and NCDOT.
While staff would generally prefer more commercial development directly
along commercial corridors and in growth nodes as provided by the existing
B-2 zoning, the site plan places the amenity center and leasing office along
Market Street, which does create a non-residential use in this portion of the
site.
The proposed RMF-M district and project are in line with the Comprehensive
Plan’s recommendations for the Urban Mixed Use and General Residential
place types. While the proposed project’s density is lower than
recommended for the Urban Mixed Use place type, it is higher than that
which is recommended for General Residential. This proposed project fits in
between the two place types. The application provides for the type of use
and density that is appropriate within this area and within the growth node.
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 that
are appropriate for properties located in both the Urban Mixed Use and
General Residential place types. While staff would prefer additional
connections and more commercial development along the commercial
corridor, the application provides housing and an appropriate transition
from the commercial node to the lower density residential areas to the east.
Planning Board - November 2, 2023
ITEM: 1 - 2 - 18
Z23-21 Staff Report PB 11.2.2023 Page 19 of 20
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. The proposal includes a density and housing type that
appropriately sits in between the recommended densities for the General Residential place type
and the Urban Mixed Use place types. Staff is in support of the additional connectivity included in
the approved TIA, and while staff would prefer more commercial development along the Market
St corridor, the application provides housing and an appropriate transition from the commercial
node to the lower density residential areas to the east.
As a result, Staff recommends approval of the proposal and suggests the following motion:
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 the
district is more in line with the densities that are appropriate for properties located in
both the Urban Mixed Use and General Residential place types. I also find
recommending APPROVAL of the rezoning request is reasonable and in the public
interest because the application provides housing and an appropriate transition from
the commercial node to the lower density residential areas to the east.
Applicant Proposed Conditions:
1. Access to and from Brays Drive shall be gated and restricted to emergency vehicles
only.
2. Buffers against residential properties are widened beyond New Hanover County
minimum buffer width requirements as shown on the conditional zoning plan. The
buffers and open space areas are variable widths and will contain a mixture of
preserved existing trees and/or augmented vegetation.
3. Areas of buffer and open space outside of essential site improvements and
easements will preserve existing trees that are not dead, dying, or otherwise
hazardous.
Staff Recommended Conditions, in addition to applicant proposed conditions:
1. The connection to Brays Drive shall be a full through connection.
2. Bicycle and pedestrian infrastructure shall be installed up to the property line where
internal roads connect to adjacent parcels.
3. An overland relief path within a public drainage easement will be provided from
the existing pond to the proposed pond outfall.
4. Buildings will be a maximum of three stories.
Planning Board - November 2, 2023
ITEM: 1 - 2 - 19
Z23-21 Staff Report PB 11.2.2023 Page 20 of 20
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
district is more in line with the densities that are appropriate for properties located in
both the Urban Mixed Use and General Residential place types., [and] I find
recommending DENIAL of the rezoning request is not reasonable and in the public
interest because the existing B-2 zoning is more appropriate along the Market Street
corridor and the proposal funnels to only one access point.
Planning Board - November 2, 2023
ITEM: 1 - 2 - 20
Planning Board - November 2, 2023
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Planning Board - November 2, 2023
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Planning Board - November 2, 2023
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Initial Application
Documents & Materials
Planning Board - November 2, 2023
ITEM: 1 - 6 - 1
Page 1 of 7
Conditional Zoning District Application – Updated 06-2023
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
nhcgov.com/528/Planning-Land-Use
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
CIP Construction Company
201 N. Elm Street, Suite 201
Greensboro, NC 27401
910-791-6707 (rep)
aengebretson@paramounte-eng.com (rep)
*See Attached
Planning Board - November 2, 2023
ITEM: 1 - 7 - 1
Page 2 of 7
Conditional Zoning District Application – Updated 06-2023
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:
Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if
applicable)
Please list all of the specific 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.
8100 Block of Market Street *See Attached
+/- 33.54 Acres (Rezoning Area)B-2, I-1, & R-15. Landscape Contractor /
Undeveloped Urban Mixed Use / General Residential
RMF-M +/- 33.54 Acres
10.94 du/ac
N/A
*See Attached
Planning Board - November 2, 2023
ITEM: 1 - 7 - 2
Page 3 of 7
Conditional Zoning District Application – Updated 06-2023
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.
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.
Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure
that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If
numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted
generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended
Planning Board agenda.
ITE Land Use(s):
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
*See Attached
Multi-family Housing (Low-Rise)
348 Dwelling Units
131 170
Planning Board - November 2, 2023
ITEM: 1 - 7 - 3
Page 4 of 7
Conditional Zoning District Application – Updated 06-2023
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.
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.
*See Attached
*See Attached
Planning Board - November 2, 2023
ITEM: 1 - 7 - 4
Page 5 of 7
Conditional Zoning District Application – Updated 06-2023
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?
*See Attached
Planning Board - November 2, 2023
ITEM: 1 - 7 - 5
Page 6 of 7
Conditional Zoning District Application – Updated 06-2023
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 (all property owners must sign signatory
page)
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 Information Meeting Report (complete and signed by agent or all property
owners)
Traffic Impact Analysis if applicable (use of attached report document is recommended)
• 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 [Note: If elements beyond the
minimum requirements are shown on the concept plan they may be considered conditions of
approval if not eligible for approval as minor deviations]:
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
P
P
P
P
P
P
PEI
PEI
PEI
PEI
PEI
Planning Board - November 2, 2023
ITEM: 1 - 7 - 6
Planning Board - November 2, 2023
ITEM: 1 - 7 - 7
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
Market Street Townhomes
8100 Block of Market Street
Conditional Rezoning Narrative & Supplemental Information
Ownership
Parcels: R03600-005-006-002, R03600-005-007-000
Owner: Bee Safe Porters Neck LLC
201 North Elm Street, Suite 201
Greensboro, NC 27401
Parcels: R03700-004-147-000, R03700-004-148-000, R03700-004-189-000
Owner: Parham Herbert E
8304 Bald Eagle Lane
Wilmington, NC 28411
Parcels: R03600-006-082-000
Owner: Yunaska Robert L
6777 Market Street
Wilmington, NC 28405
Applicant Information
CIP Construction Company
201 North Elm Street, Suite 201
Greensboro, NC 27401
Agent Information
Paramounte Engineering, Inc.
123 Cinema Drive
Wilmington, NC 28403
aengebretson@paramounte-eng.com
910-791-6707
Lee Kaess, PLLC
3414 Wrightsville Avenue
Wilmington, NC 28403
amy@leekaess.com
910-399-3447
Planning Board - November 2, 2023
ITEM: 1 - 7 - 8
Please list all of the specific 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).
CIP Construction Company is requesting to rezone 33.54 acres of land located in the 8100
block of Market Street to (CZD) RMF-M in order to develop a townhome community
consisting of a maximum of 348 units.
The subject property is currently zoned as B-2, I-1, and R-15. A landscape contracting
business previously occupied the area zoned B-2, which fronts on Market Street. The
remaining area proposed to be rezoned was previously a farm/nursery. Only a small
portion of the parcel zoned I-1 is included in order to provide the needed access to the
remaining parcels to the east.
Zoning Map
The proposed project creates a neighborhood of two and three story townhomes. The units
are varied in height with the end units being two story and the interior units being three
stories in each building. The interior units all have garages, but the end units rely on
surface parking since they do not have garages.. The buildings are arranged to create a
structured streetscape devised to promote walking and limit vehicular/pedestrian conflicts.
The tree-lined streets will have sidewalks connecting building facades to the immediately
Planning Board - November 2, 2023
ITEM: 1 - 7 - 9
adjacent parallel parking along the project roads. While parking can be used by
residents, the parallel spaces are provided for visitors and overflow parking. The resident
parking is enclosed in the interior motor courts allowing the resident required surface
parking and access to the in-unit garages.
The project proposes access from Market Street and to keep through traffic out of
adjacent neighborhoods. While there are two other road stubs to the project, the Porters
Crossing road connection stubs into a NHC conservation overlay district (COD). As such, this
project leaves the COD in tact and avoids making this road connection. The adjacent
Porters Pointe neighborhood has a road stub at the Brays Drive property line. We
propose a secondary access at this location for emergency-only access. It will have a siren
activated or Knox Box gate to prevent vehicles from traveling through Porters Pointe to
Porters Neck Road.
The amenity and clubhouse/ pool facilities are located closest to Market Street just off the
main entrance. The site has beautiful, specimen live oaks along the southwestern property
line, and these will remain and be celebrated as the entrance to the townhome
neighborhood. These are the property’s only known specimen trees.
The project has an approved TIA which recommends two major improvements to Market
Street, a signalized left turn at Cypress Pond Way adjacent to Food Lion, and an
extension to the existing right turn lane leading to Porters Neck Road. While these
improvements are to be installed by the developer due to the development, we see
advantage for improved traffic circulation for cars making the left to the Food Lion
shopping center or a U-turn to access the Medac or other professional offices in the area.
Furthermore, the required, extended right turn lane will provide additional stacking for
cars accessing Porters Neck Road.
The project offers much needed housing to help our documented housing shortage while
also offering a transitional development between the Market Street commercial corridor
and existing single family neighborhoods.
Proposed Condition(s)
1. Access to and from Brays Drive shall be gated and restricted to emergency vehicles
only.
2. Buffers against residential properties are widened as shown on the conditional
rezoning plan.
Conditional Zoning District Considerations
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.
AND
Planning Board - November 2, 2023
ITEM: 1 - 7 - 10
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 site is classified as Urban Mixed Use and General Residential on the
Future Land Use Map included in the 2016 Comprehensive Plan. In addition, the
property falls within the general area of the Porters Neck Growth Node.
Future Land Use Map
The Urban Mixed Use classification promotes a mixture of residential, office, and
commercial uses at higher densities and intensities. Mixed uses are encouraged on
the same parcel in this classification, but they can also be adjacent each other and
separated by roadways in a horizontal pattern. For residential uses, single-family
housing is preferred, though higher density single-family housing, such as
rowhouse/townhouse development, is not prohibited. Urban Mixed Use areas
promote the highest densities in the County and are where the RMF-H zoning
district, which allows up to 36 dwellings units per acre, would be most appropriate.
The General Residential classification focuses on lower density housing (ranging up
to eight dwelling units an acre) and associated civic and commercial services.
Types of uses appropriate in these areas include single-family residential, low-
density multi-family residential, light commercial, civic, and recreational.
Growth nodes are areas of concentrated development, having higher intensities
and densities than the surrounding area. High-density development is promoted in
Planning Board - November 2, 2023
ITEM: 1 - 7 - 11
these areas that will promote pedestrian activity and alternative transportation
options.
It is also important to note that the Future Land Use Map is a general
representation of the vision for New Hanover County. The location of the place
type classifications are not parcel specific, like a zoning classification, but identify
general areas where certain land uses are appropriate.
Overall, the proposed rezoning is consistent with the Future Land Use Map and
applicable policies of the 2016 Comprehensive Plan. The proposed development
offers a transition between Market Street and existing R-15 development.
Townhomes are appropriate in both the Urban Mixed Use and General Residential
classifications and help achieve Goal XV of the Comprehensive Plan that
encourages the development of a range and diversity of housing types. The
proposed density of 10.94 du/ac also reflects an appropriate blend of the
recommendations of the Urban Mixed Use and General Residential place types,
and the Porters Neck Growth Node. While the density may be exceeding the
recommended density for General Residential areas, the Comprehensive Plan
supports increased density in Urban Mixed Use areas and Growth Nodes (Goal III).
Lastly, according to the County’s recent Housing Needs Assessment Update, there is
a gap of approximately 29,000 for-sale and rental units available to residents
over the next decade. These numbers have also increased since the Housing Needs
Assessment was first completed in 2020 (up from approximately 24,000 units). This
rezoning would help provide much needed housing in the county and add to the
diversity of housing types in the area.
Housing Gap Estimates – City of Wilmington & New Hanover County Housing Needs
Assessment Update
Planning Board - November 2, 2023
ITEM: 1 - 7 - 12
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 original zoning of the surrounding area was adopted in the early 1970s, prior to
the installation of much of the roadway and utility infrastructure that exists today. The
adjacent section of the Market Street corridor has since grown into a major commercial
node in the County containing many businesses including big box retailers, grocery
stores, medical offices, and restaurants. In addition, the construction of Interstate 140
has provided convenient access to the highway system and Wilmington area. As a
result, the 2016 Comprehensive Plan identified the area as a growth node which
promotes higher density development.
Planning Board - November 2, 2023
ITEM: 1 - 7 - 13
Planning Board - November 2, 2023
ITEM: 1 - 7 - 14
Planning Board - November 2, 2023
ITEM: 1 - 7 - 15
Planning Board - November 2, 2023
ITEM: 1 - 7 - 16
Planning Board - November 2, 2023
ITEM: 1 - 7 - 17
Planning Board - November 2, 2023
ITEM: 1 - 7 - 18
Planning Board - November 2, 2023
ITEM: 1 - 7 - 19
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
October 2, 2023
22194.PE
Pelagic Properties, Inc.
PID: R03700-004-147-000, R03700-004-148-000, &
R03700-004-189-000
Deed Book 3991, Page 194, Deed Book 4621, Page 572
Bee Safe Porters Neck, LLC
R03600-005-007-000 & R03600-005-006-002
Deed Book 6643, Page 1104
Robert Yunaska
R03600-006-082-000
Deed Book 1123, Page 1843
Being a tract of land located in Harnett Township, New Hanover County, State of North
Carolina; being a part of the tracts as shown in Deed Book 3991 at Page 194, Deed Book
4621 at Page 572, Deed Book 6643 at Page 1104, and Deed Book 1123 at Page 1843 of the
New Hanover County Register of Deeds; said Tract being more particularly described as
follows:
Beginning for reference at an iron pipe found on the northwestern corner of Bee Safe Porters
Neck, LLC., as shown in Deed Book 6643 at Page 1104 and the southern right of way line of
US 17 – Market Street (100-foot public right of way). Said iron pipe having NC State Plane
coordinates of N: 201,393.28, E: 2,364,680.32. Said iron pipe found is the principal place of
beginning for this survey.
Thence with the northern line of Bee Safe Porters Neck, LLC, S 50°36'43" E - 665.40 feet to
an iron pipe found;
Thence with the line of Deed Book 3991 at Page 194 the following courses;
S 37°07'29" E - 119.48 feet to a point;
N 39°16'36" E - 330.61 feet to a point;
S 50°51'12" E - 115.22 feet to a point;
N 39°13'54" E - 159.89 feet to a point;
S 50°43'37" E - 150.28 feet to a point;
S 47°58'31" E - 48.48 feet to a point;
Thence with the line of Deed Book 4621 at Page 572 the following courses;
S 48°39'35" E - 76.70 feet to a point;
S 48°39'35" E - 429.60 feet to a point;
N 39°16'50" E - 13.73 feet to a point;
S 48°10'56" E - 121.47 feet to a point;
Planning Board - November 2, 2023
ITEM: 1 - 7 - 20
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
S 48°47'43" E - 581.52 feet to a point;
S 41°04'45" W - 310.56 feet to a point;
N 48°59'49" W - 121.39 feet to a point;
S 42°33'11" W - 754.02 feet to a point;
N 60°15'55" W - 73.44 feet to a point;
N 56°32'23" W - 97.76 feet to a point;
N 46°31'30" W - 53.69 feet to a point;
N 39°08'24" W - 44.45 feet to a point;
N 46°30'28" W - 33.78 feet to a point;
N 25°34'58" W - 77.19 feet to a point;
N 11°47'49" W - 100.05 feet to a point;
N 32°19'49" W - 220.05 feet to a point;
N 05°04'33" W - 73.18 feet to a point;
N 07°24'33" E - 46.49 feet to a point;
N 15°29'46" E - 41.14 feet to a point;
N 64°47'01" W - 423.17 feet to a point;
N 04°48'48" E - 477.61 feet to a point;
Thence with a line through Deed Book 1123 at Page 1843, N 58°59'48" W - 36.82 feet to a
point;
Thence with the line of Deed Book 6643 at Page 1104 the following courses;
S 41°34'50" W - 154.81 feet to an iron pipe found;
N 50°36'43" W - 668.41 feet to an iron rod set on the southern line of US 17-Market Street;
Thence with the southern line of US 17-Market Street, N 42°24'01" E - 210.14 feet to an iron
pipe found. Said iron pipe found is the principal place of beginning for this survey.
Having an area of 1,451,872 square feet or 33.33 acres, more or less.
Planning Board - November 2, 2023
ITEM: 1 - 7 - 21
Page 1 of 2
Community Information Meeting Report – Approved 06-2022
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use
COMMUNITY INFORMATION MEETING REPORT
This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned
development, or intensive industry special use permit in order for the application to be deemed complete.
Address/Location Parcel Identification Number(s)
Meeting Date and Time
Format (Virtual, In-Person, Hybrid) Location if In-Person or Hybrid
Selection Criteria for Location
Meeting Summary
Issues and Concerns Discussed at Meeting
8100 Block of Market Street; 8138 is the closest addressto Market Street *see attached
Original date was 8/31/23 but canceled due to Hurricane Idalia; Revised Date: 9/28/23 from 4-7PM
in person Lutheran Church of Reconciliation7500 Market Street, Wilmington, NC 28411
a place that could hold 400 people and that would notturn us away because the meeting is about developmentin the community.
*see attached
Planning Board - November 2, 2023
ITEM: 1 - 7 - 22
Page 2 of 2
Community Information Meeting Report – Approved 06-2022
List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications
were made, please explain why)
Report Attachments
All of the following items must be submitted as part of the required community information meeting report in addition
to this form.
Checklist Applicant Initial
A list of names and addresses of attendees
A list of the names and addresses of invitees and copies of any returned mailings received to date
A copy of the mailed notice with all attachments
A copy of all materials distributed or presented at the meeting
Acknowledgement and Signatures
By my signature below, I hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] _____________________________. A copy of the written notice is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting.
Signature of Applicant or Applicant’s Agent Print Name
Date
*see attached
x
x
x
x
Allison Engebretson, RLA Allison Engebretson, Paramounte Engineering
10/1/23
9/15/23
PEI
PEI
PEI
PEI
Planning Board - November 2, 2023
ITEM: 1 - 7 - 23
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
August 18, 2023
RE: Community Meeting for a Townhome Community Proposed by CIP Construction
Company
CIP Construction Company, Inc. & Paramounte Engineering, Inc. invite you to a community meeting to
discuss our plans for a proposed townhome community accessed from 8138 Market Street. We will share
project details with you in an open-house held on Thursday, August 31, 2023, from 4:00 PM-7:00 PM at
Lutheran Church of Reconciliation (7500 Market Street).
We are preparing plans for a conditional rezoning request, and, as part of that process, we are holding a
community meeting to introduce neighbors to the project and share our vision for the site. You are
receiving this invitation by mail because New Hanover County GIS records indicate you own property
within 500 feet of the proposed project. The County requires us to provide notice by mail to property
owners within 500 feet of our subject boundary; however we know other community members will be
interested in hearing our plans. Due to the large number of property owners within the mandated
notification distance, we are holding an open-house style meeting to have the best opportunity to speak
with all interested participants. We will have stations set up around our meeting space with members of
our development team on-hand to discuss the project and answer questions. However, if you want to
learn about the project, but you cannot attend the meeting, please contact us for information at
marketstreetth@gmail.com We will follow-up with meeting information after the August 31st meeting, if
requested.
Brief Project Overview:
• Enclosed is a small version of our plan, but we will have larger copies on view at the meeting.
• The proposed project area is approximately +33.54 acre, located on New Hanover County parcels
R03600-005-006-002, R03600-005-007-000, R03700-004-147-000, R03700-004-148-000, R03700-
004-189-000, and a portion of R03600-006-082-000.
• The current zoning includes a mixture of business, industrial, and residential zonings (B-2, I-1,
and R-15). The conditional rezoning will request RMF-M (Medium Density Multi-Family).
• The site operated as a farm/nursery and landscape contracting business for many years.
• The developer proposes building a 348-unit townhome community accessed from Market Street.
• A gated, emergency-only access connection to the adjoining Brays Drive is proposed. Other than
emergency vehicles, NO through traffic is proposed to any adjacent neighborhood or to Porters
Neck Road.
• Proposed traffic improvements on Market Street will be designed and installed by the developer
during this project’s construction.
To learn more, please join us at our meeting and speak with our development team to answer your
questions. We look forward to sharing the project with you.
Community Meeting Date, Time, and Location:
Meeting Time: Drop-in between 4:00-7:00 PM on Thursday, August 31st
Meeting Location: Lutheran Church of Reconciliation
7500 Market Street, Wilmington, NC 28411
Cancelled due to Hurricane Idalia
Planning Board - November 2, 2023
ITEM: 1 - 7 - 24
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
September 15, 2023
RE: RESCHEDULED Community Meeting for a Townhome Community Proposed by CIP
Construction Company
CIP Construction Company, Inc. & Paramounte Engineering, Inc. invite you to a community meeting to
discuss our plans for a proposed townhome community accessed from 8138 Market Street. Due to our
meeting place closing for Tropical Storm Idalia on August 31st, we were unable to hold our previously
scheduled community meeting. We invite you to our rescheduled open-house style meeting on Thursday,
September 28, 2023, from 4:00 PM-7:00 PM at Lutheran Church of Reconciliation (7500 Market Street).
We are preparing plans for a conditional rezoning request, and, as part of that process, we are holding a
community meeting to introduce neighbors to the project and share our vision for the site. You are
receiving this invitation by mail because New Hanover County GIS records indicate you own property
within 500 feet of the proposed project. The County requires us to provide notice by mail to property
owners within 500 feet of our subject boundary; however we know other community members will be
interested in hearing our plans. Due to the large number of property owners within the mandated
notification distance, we are holding an open-house style meeting to have the best opportunity to speak
with all interested participants. We will have stations set up around our meeting space with members of
our development team on-hand to discuss the project and answer questions. However, if you want to
learn about the project, but you cannot attend the meeting, please contact us for information at
marketstreetth@gmail.com We will follow-up with meeting information after the September 28th
meeting, if requested.
Brief Project Overview:
• Enclosed is a small version of our plan, but we will have larger copies on view at the meeting.
• The proposed project area is approximately +33.54 acre, located on New Hanover County parcels
R03600-005-006-002, R03600-005-007-000, R03700-004-147-000, R03700-004-148-000, R03700-
004-189-000, and a portion of R03600-006-082-000.
• The current zoning includes a mixture of business, industrial, and residential zonings (B-2, I-1,
and R-15). The conditional rezoning will request RMF-M (Medium Density Multi-Family).
• The site operated as a farm/nursery and landscape contracting business for many years.
• The developer proposes building a 348-unit townhome community accessed from Market Street.
• A gated, emergency-only access connection to the adjoining Brays Drive is proposed. Other than
emergency vehicles, NO through traffic is proposed to any adjacent neighborhood or to Porters
Neck Road.
• Proposed traffic improvements on Market Street will be designed and installed by the developer
during this project’s construction.
To learn more, please join us at our meeting and speak with our development team to answer your
questions. We look forward to sharing the project with you.
Community Meeting Date, Time, and Location:
Meeting Time: Drop-in between 4:00-7:00 PM on Thursday, September 28th
Meeting Location: Lutheran Church of Reconciliation
7500 Market Street, Wilmington, NC 28411
Planning Board - November 2, 2023
ITEM: 1 - 7 - 25
Planning Board - November 2, 2023
ITEM: 1 - 7 - 26
Planning Board - November 2, 2023
ITEM: 1 - 7 - 27
Planning Board - November 2, 2023
ITEM: 1 - 7 - 28
Planning Board - November 2, 2023
ITEM: 1 - 7 - 29
Community Meeting Supplemental Information - Market Street Townhomes
Development Team Attendees:
CIP Constructfon:
Paul Smith, General Counsel and VP of Legal Affairs
Craig Carlock, COO
Greg Wosaba, SR VP of Constructfon
Streamline Development:
Livian Jones
Paramounte:
Allison Engebretson, RLA
Rob Balland, PE
Brad Schuler, Planner
Davenport:
John Davenport, President
AJ Anastopoulo, Project Manager
Lee Kaess:
Amy Schaefer, attorney
Maggie Bennington, attorney
Tina Wagner, paralegal
Key Project Facts Discussed Repeatedly During Meeting:
1. 348 townhomes both 2 and 3 story. (2 story end units)
2. The project is only accessible by the public from Market Street. There is an emergency-only,
gated access at Brays Drive as required by Fire/ Emergency Services and NHC Planning & Zoning.
Again – NO traffic, including constructfon traffic, from our proposed development will be allowed
access to Porters Neck Road through adjoining neighborhoods. This access will either be siren
actfvated or Knox Box accessible for fire and EMS.
3. The plan presented uses the parcel on Market Street next to Cardinal Storage. The parcel was
previously permitted, by-right for a Bee Safe Storage, but, if approved, the storage facility will
not be part of this neighborhood.
4. The townhome buildings face a streetscape of sidewalks and street trees. This streetscape
provides parallel parking throughout the community for overflow and visitor parking for the
townhome units. The internal “motor courts” are located in the rear of the buildings. This is
where residents will access their garages and additfonal surface parking is provided so the bulk
of residents’ access is separated from the general site circulatfon throughout the site.
5. The majority of units have an in-unit garage accessed from the motor court (not from the
neighborhood streets) which allows the project to create a safer pedestrian and pleasing visual
streetscape largely free of conflicts with vehicles.
6. The neighborhood amenity / clubhouse / pool is proposed adjacent to Market Street providing a
buffer between Market Street and the first townhome units.
Planning Board - November 2, 2023
ITEM: 1 - 7 - 30
7. Townhomes are already allowed in R15 zoning, the same zoning as adjacent neighborhoods. If
the project went through an SUP, it could achieve almost the same density as the current
proposed project. The developers chose to allow the community to be involved in the design
process at this level through a conditfonal rezoning process instead of a Special Use Permit.
Traffic:
1. The TIA is approved, and the developer is responsible for installing traffic improvements on
Market Street.
2. The TIA approved improvements include a signalized left turn on Market Street to Cypress Pond
Way & U-turns on Market, but keeps north bound traffic flowing freely. Another improvement
requires extending the existfng right turn lane for Porters Neck Road down to the ABC Store.
The Plan’s Evolution Prior to the Community Meeting:
The project team met with NHC Planning Staff a few tfmes to understand the issues, as they understand
them, in and around this site. As a result we created a few versions of the plan prior to introducing it to
the public. Here is a summary of the plan changes.
1. The process began with a more intensive plan with monolithic buildings that spread out across
the site more than the current plan. After discussions with Planning Staff, we worked on the
architecture and plan to pull buildings away from residentfal neighbors.
2. We pulled buildings to the center and toward Market Street to give space between the
neighbors and this project.
3. We expanded vegetatfve buffers well beyond minimum buffers required and pulled open spaces
to the edges of the site to give even more “green space” between this project and the residentfal
neighbors. We also reduced the overall density of the project and lowered the height from 4
stories to 2 and 3 stories.
4. We worked the plan to limit any potentfal visual or audible impositfon for adjacent neighbors.
5. Originally we had a focus on preserving the wetland and creek only, but as the plan evolved, we
built-in extra buffers between the buildings and the adjacent residentfal neighbors. (We stfll
preserve the creek/wetland area).
6. We recognize this site as a transitfon between the commercial areas along Market Street and the
single family adjacent to this rear parcels of the subject property. As such we pulled buildings
toward market street and away from the majority of existfng single family development.
Widened buffers range from 30’ – 150’+ between the nearest project road and more to the
nearest project structures.
7. Now, two townhome buildings facing Porters Pointe are the closest buildings/smallest buffer
areas on the plan. However, the plan stfll exceeds the minimum buffer width. After the
community meetfng, we further refined this area as described in the plan changes sectfon below.
Community Meeting Comments & the Plan’s Evolution After the Community Meeting:
The majority of community meetfng attendees live in Porters Pointe, the neighborhood immediately to
the north of the site and with the Brays Drive Emergency access connectfon. Other attendees were from
Porters Crossing to the southeast of the project (along the project’s rear property line), and Marsh Oaks
to the southwest of the project.
Planning Board - November 2, 2023
ITEM: 1 - 7 - 31
While there were comments received about wantfng no development, no townhomes, or not this much
density or development that causes additfonal traffic or stormwater runoff, the majority of attendees
understood the land would develop someday and offered comments on what could consider in our
plans.
The project also set up a dedicated email address for people to issue comments. Most wanted to get
copies of meetfng materials. One person expressed extreme non-support for the project, and others
asked questfons about buffers similar to the questfons asked during the community meetfng and as
further described below.
The team’s traffic consultant fielded many questfons about the study area, the number of cars per day to
add to Market Street, and what improvements would be required. The Military Cutoff Ext. opened the
same day as the community meetfng, so there was a fair amount of discussion about the amount of
traffic to be pulled off of Market Street by the new road.
1. The majority of questfons from Porters Crossing were about the type of buffer to be installed
and discussion of the existfng berm on the subject site at the shared property line.
Response summary: The developer has one of three types of buffers to choose from, and with
the berm in place, it may make sense to have a berm/vegetated buffer in this locatfon. However,
we have not completed engineering at this tfme, so we would prefer to choose the best buffer
when we have additfonal informatfon. In any case, the buffer and open space between the
closest proposed road and the Porters Crossing neighborhood is approximately 140-150’. The
buffer will be opaque, and some mixture of trees and understory plantfngs will be used.
2. Marsh Oaks attendees asked questfons about the existfng thick trees remaining between their
neighborhood and this proposed development. They also asked questfons about the ditch/creek
between the two propertfes. One HOA representatfve relayed good informatfon about some
clogged areas of the ditch and asked if we could work together to determine responsibility for
the clean out. There was also a questfon if we would connect a road to the neighborhood.
Response summary: Development team members confirmed the thick vegetatfon is largely to
remain. Because of this thick vegetatfon and existfng wetland and creek, no road connectfon is
proposed. Also, there is no available land to make a connectfon to the roads in Marsh Oaks.
There is a wooded wetland along the ditch and that wetland will remain. The development
team and the HOA representatfve agreed to compare surveys and work together on ditch
maintenance for their respectfve propertfes. This conversatfon is on-going at this tfme, but we
understand there is a high probability that this ditch clean out will help in future storm events to
keep water from backing up even as far as to the Porters Pointe and Porters Crossing
neighborhoods. At this tfme, we understand this side of the project site is the low point and
project’s stormwater outiall. During engineering of the site, we will further analyze the flow of
water across the site and unclog any blocked passages.
3. Porters Pointe residents were split in wantfng access through this neighborhood to get to Market
Street and others adamantly wanted to avoid any traffic on the Porters Pointe neighborhood
roads.
Planning Board - November 2, 2023
ITEM: 1 - 7 - 32
Some of the closest homes to the proposed townhome buildings were concerned about the
proximity of the townhomes to their homes. In the community meetfng plan, the closest corner
of the neighboring home to corner of townhome was 80’. While most of the townhomes face on
neighboring common area, there were approximately 4 Porters Pointe homes closest to the
project site with concerns over the buffer to the proposed units. We received multfple requests
to move some of the townhome units away from the closest homes.
We had requests to consider a fence and thick vegetatfon along the border and to save as many
trees as possible.
There were concerns raised that children and possibly adults from this development will use the
amenitfes and otherwise cause trouble in the Porters Pointe neighborhood. Questfons were
raised about how we could prevent pedestrian traffic through the neighborhood.
Response summary: The gated emergency- access will not be open to through traffic, so no
extra traffic will go through the Porters Pointe neighborhood, beyond emergency vehicles. No
constructfon traffic will be allowed at this access either. The buffer type has not been selected at
this tfme, but we will certainly consider a fence in this locatfon.
The intent is to provide a thick vegetated buffer that discourages pedestrians traveling between
the neighborhoods. No sidewalk connectfon is proposed between the developments. Our
development will have its own amenitfes for residents.
After the community meetfng, the project team revised the plan to pull units away from the
nearest neighboring lots. We now have all units facing the neighboring common area.
4. Porters Pointe and Porters Crossing both reported flooding during Florence, reportedly due to an
overflow of the neighboring pond and backup of the creek/ditch along the shared property line.
Several people were asked if they had experienced flooding or backup since Hurricane Florence,
and most said no. One neighbor seems to have suffered a backup due to debris in the ditch.
Response summary: The project team will address any on-site blockages and further study the
water flow on or through the site during engineering to create a design that avoids these
problems in the future.
Planning Board - November 2, 2023
ITEM: 1 - 7 - 33
Planning Board - November 2, 2023
ITEM: 1 - 7 - 34
Planning Board - November 2, 2023
ITEM: 1 - 7 - 35
Planning Board - November 2, 2023
ITEM: 1 - 7 - 36
Planning Board - November 2, 2023
ITEM: 1 - 7 - 37
Planning Board - November 2, 2023
ITEM: 1 - 7 - 38
OWNER Owner_Address Owner_City
4 CORNERS PROPERTIES LLC 1015 ASHES DR SUITE 202 WILMINGTON, NC 28405
JEREMY A AKIN 8207 BRAYS DR WILMINGTON, NC 28411
DAVID W ALEXANDER LIVING TRUST 11821 MORNING STAR DR GERMANTOWN, MD 20876
LAWRENCE E & MARGARET CARNONE 354 SHACKLEFORD DR WILMINGTON, NC 28411
SILVIA AUDI ETAL 373 SHACKLEFORD DR WILMINGTON, NC 28411
BARBER SAMUEL MARIE D 8238 PORTERS CROSSING WAY WILMINGTON, NC 28411
BEE SAFE PORTERS NECK LLC PO BOX 9846 GREENSBORO, NC 27429
NORA E BENEVENTI REVOCABLE TR 8030 MARSH REACH DR WILMINGTON, NC 28411
AVERY & JOLIN BEVIN ET AL 8207 PORTERS CROSSING WAY WILMINGTON, NC 28411
GREG W BRAWLEY LIVING TRUST 4622 MOUNTAINGATE DR ROCKLIN, CA 95765
BRICE VIRGINIA G SMITH ETAL 8223 PORTERS CROSSING WAY WILMINGTON, NC 28411
DAVA S BRIGHT & WILLIAM S BRIGHT SR 333 FOLLY ISLAND CT WILMINGTON, NC 28411
LEON D BROWN 722 BAYSHORE DR WILMINGTON, NC 28411
ROBERTA L BROWN 8235 BRAYS DR WILMINGTON, NC 28411
PATRICK & MARYBETH B BRYAN 3345 KESWICK RD BALTIMORE, MD 21211
BRENDA E BYERLEY ETAL 372 SHACKLEFORD DR WILMINGTON, NC 28411
MATTHEW A & KATHRYN E CAMPBELL 8119 FURTADO DR WILMINGTON, NC 28411
ANTHONY S CAPORALETTI 1519 LANDFALL DR WILMINGTON, NC 28405
CYNTHIA ANN CHAMER 376 SHACKLEFORD DR WILMINGTON, NC 28411
CMI COMMERCIAL LLC 1900 SCOTTS HILL LOOP RD WILMINGTON, NC 28411
JAMES C & COURTNEY T CORRIHER 340 FOLLY ISLAND CT WILMINGTON, NC 28411
CURTIS & JANET CRONEMILLER 305 FOLLY ISLAND CT WILMINGTON, NC 28411
MICHAEL T & COURTNEY G DANIELS 8131 FURTADO DR WILMINGTON, NC 28411
LAWRENCE C & JOANNA M DAVIS 361 SHACKLEFORD DR WILMINGTON, NC 28411
JEFFERY A & KATHLEEN M DELBUSSO 323 HUGHES CIR WILMINGTON, NC 28411
JESUS G & ROSELINE H DIAZ QUIROZ 8211 PORTERS CROSSING WAY WILMINGTON, NC 28411
PRESTON WARREN DODGEN 1 MILL RD ALBUQUERQUE, NM 87120
DONG XIAODAN QIYONG WENG 5703 246TH PL LITTLE NECK, NY 11362
THOMAS & CATHERINE DOUGLASS 3228 ONTARIO AVE WILSON, NY 14172
ELTON STAR E III MICHELE 8218 PORTERS CROSSING WAY WILMINGTON, NC 28411
EMROSE CORPORATION PO BOX 108 HENDERSON, NC 27536
BRADLEY J & TAMI L ERBES 313 FOLLY ISLAND CT WILMINGTON, NC 28411
ASHLEY L FEDOROV 8017 MARSH REACH DR WILMINGTON, NC 28411
Market Street Townhomes - Community Meeting Notification List
(500' List Provided by NHC; Additional Properties Included & Updated for rescheduled mtg)
Planning Board - November 2, 2023
ITEM: 1 - 7 - 39
JUDITH A & ROBERT C FENTON IV 8227 PORTERS CROSSING WAY WILMINGTON, NC 28411
RUSSELL B & STEPHANIE D FINLEY 8208 LANTANA LN WILMINGTON, NC 28411
MADELEINE E HENLEY & JAMES W FLEAGLE 8209 FURTADO DR WILMINGTON, NC 28411
JOHN B & SANDY M FRANCIS 8135 FURTADO DR WILMINGTON, NC 28411
DANIEL S FURR 2344 SCOTTS HILL LOOP RD WILMINGTON, NC 28411
GREEN RIDGE REAL ESTATE BAYSHORE LLC 8415 WOLF PEN BRANCH RD PROSPECT, KY 40059
GREGORY POOLE EQUIPMENT COMPANY 4807 BERYL RD RALEIGH, NC 27606
SHAVINDER S GREWAL 129 GRAINGER POINT RD WILMINGTON, NC 28409
BARRY S & LISA A GRITTON 8206 PORTERS CROSSING WAY WILMINGTON, NC 28411
DAVID J & JOAN C GUANZINI TRUSTEES 2336 OCEAN BLVD SE UNIT 192 STUART, FL 34996
CAROL HAAS TRUSTEE 9 SALTMEADOW RD WILMINGTON, NC 28411
JOSHUA M & ANGELA N HARLER 8216 LANTANA LN WILMINGTON, NC 28411
HARRIS TEETER PROPERTIES LLC 701 CRESTDALE RD MATTHEWS, NC 28105
WILLIAM M HARTNETT 8200 LANTANA LN WILMINGTON, NC 28411
MICHAEL P & BARBARA L HERBST 336 FOLLY ISLAND CT WILMINGTON, NC 28411
MARVIN G & PATRICIA G HEVENER 5 SYLVAN DR SPARTANBURG, SC 29302
JIMMY T & ELIZABETH G HINSHAW 8023 MARSH REACH DR WILMINGTON, NC 28411
CHARLES J & CAROLINE HHUNNICUTT 8213 FURTADO DR WILMINGTON, NC 28411
VICKY J HUTCHINS 8223 BRAYS DR WILMINGTON, NC 28411
HUTSON & NIEPER ENTERPRISES, LLC 8232 MARKET ST WILMINGTON, NC 28411
JAMES P & SARAH M INGRAM 8115 FURTADO DR WILMINGTON, NC 28411
KARLEE & JERRY W ISENHART 328 FOLLY ISLAND CT WILMINGTON, NC 28411
DAVID & MARLENE ISENHOUR 8209 LANTANA LN WILMINGTON, NC 28411
BRIAN E & CRYSTAL M JONES 8134 PORTERS CROSSING WAY WILMINGTON, NC 28411
KEVIN C & EUGENIA KEEN 369 SHACKLEFORD DR WILMINGTON, NC 28411
KOREY & LEIGH ANN KEENAN 312 FOLLY ISLAND CT WILMINGTON, NC 28411
ALBERT E KENNEDY 8219 BRAYS DR WILMINGTON, NC 28411
ALISON S & GEORGE P KING 3 INLET HOOK RD WILMINGTON, NC 28411
SUSAN L KING 8130 PORTERS CROSSING WAY WILMINGTON, NC 28411
THOMAS C & BRITTANY L KING 8227 BRAYS DR WILMINGTON, NC 28411
DALTON W & MACY O KNIGHT 8127 FURTADO DR WILMINGTON, NC 28411
ROCHELLE E KREINER 8125 PORTERS CROSSING WAY WILMINGTON, NC 28411
DONALD E & DEBRA J LAHNUM 8201 FURTADO DR WILMINGTON, NC 28411
DEBRA K LAMB REV TRUST 17412 GLACIER WAY APT 312 LAKEVILLE, MN 55044
Planning Board - November 2, 2023
ITEM: 1 - 7 - 40
CODY & MEREDITH LAMBERT 8239 PORTERS CROSSING WAY WILMINGTON, NC 28411
AUSTIN LANCASTER 8202 PORTERS CROSSING WAY WILMINGTON, NC 28411
GAIL R LAWRENCE 4608 WALNUT KNOLL DR MATTHEWS, NC 28105
MARY T LEE 320 FOLLY ISLAND CT WILMINGTON, NC 28411
MARJORIE E CRAIG &JOHN MICHAEL LENGYEL 380 SHACKLEFORD DR WILMINGTON, NC 28411
STEVE E LINDNER 8113 PORTERS CROSSING WAY WILMINGTON, NC 28411
HAROLD BERNARD & MARY FORSYTH LUND 364 SHACKLEFORD DR WILMINGTON, NC 28411
IAN & DOMINIQUE MACKENZIE 8230 PORTERS CROSSING WAY WILMINGTON, NC 28411
WILLIAM T & MARY ANN MANGER 327 HUGHES CIR WILMINGTON, NC 28411
DEBRA MANRIQUE TRUSTEE 8215 BRAYS DR WILMINGTON, NC 28411
MARKET STREET LEASING LLC 1712 CAROLINA BLVD TOPSAIL BEACH, NC 28445
LARRY J & ALICE W MATTHEWS 8203 PORTERS CROSSING WAY WILMINGTON, NC 28411
LESLEY B & JAMES D MATTHIS III 8110 PORTERS CROSSING WAY WILMINGTON, NC 28411
A J & BARBARA D MCCLURE PO BOX 3032 WILMINGTON, NC 28406
GREGORY M & PATRICIA A MCDONOUGH 8214 PORTERS CROSSING WAY WILMINGTON, NC 28411
WILLIAMS & MEGAN MEYER 8212 LANTANA LN WILMINGTON, NC 28411
SUSAN & WILLIAM F MILHOLLAND JR 353 SHACKLEFORD DR WILMINGTON, NC 28411
RICHARD & SUPATRA MIMMS 321 FOLLY ISLAND CT WILMINGTON, NC 28411
DANIEL J & CAMERON P MINES 8129 PORTERS CROSSING WAY WILMINGTON, NC 28411
RICHARD & ELIZABETH MOBURG 8029 MARSH REACH DR WILMINGTON, NC 28411
KATHRYN W & LARRY S MORGAN 8201 LANTANA LN WILMINGTON, NC 28411
MARY BETH MORGAN 8139 MARKET ST WILMINGTON, NC 28411
ALISA S & RICHARD G MORGAN JR 324 FOLLY ISLAND CT WILMINGTON, NC 28411
SCOTTIE R & MARIA M MORGAN 8234 PORTERS CROSSING WAY WILMINGTON, NC 28411
NEW HANOVER COUNTY ABC BOARD 6009 MARKET ST WILMINGTON, NC 28405
MADISON M & BUNJONG P NEWSOME 325 FOLLY ISLAND CT WILMINGTON, NC 28411
ROBERT A NORMANDIN 8219 PORTERS CROSSING WAY WILMINGTON, NC 28411
OAK RIDGE PROP/PORTERS NECK LLC 102 AUTUMN HALL DR, SUITE 210 WILMINGTON, NC 28403
OAK RIDGE PROPERTIES AT PORTERS NECK LLC
C/O GLENN R. LEA PO BOX 4014 WILMINGTON, NC 28406
PATRICK & CHRISTIN OBRIEN 337 FOLLY ISLAND CT WILMINGTON, NC 28411
ERNEST W & DAWN M OLDS 317 FOLLY ISLAND CT WILMINGTON, NC 28411
SARA B & DAVID E OLSON JR 8123 FURTADO DR WILMINGTON, NC 28411
DAVID L & KATHLEEN H ORTON 8027 MARSH REACH DR WILMINGTON, NC 28411
Planning Board - November 2, 2023
ITEM: 1 - 7 - 41
MARK S & PATRISE H PARADIS 392 SHACKLEFORD DR WILMINGTON, NC 28411
HERBERT E PARHAM 8304 BALD EAGLE LN WILMINGTON, NC 28411
CARLIE R PORTERFIELD 335 HUGHES CIR WILMINGTON, NC 28411
PORTERS CROSSING HOA, INC PO BOX 10 SUMMERFIELD, NC 27358
PORTERS NECK CENTER, INC 5 ALLEN AVE MANCHESTER, MA 1944
PORTERS POINTE HOA PO BOX 12051 WILMINGTON, NC 28405
ROBERT J & HEATHER N PURVIS 300 FOLLY ISLAND CT WILMINGTON, NC 28411
DEWAIN H & JOYCE W RAHE 329 FOLLY ISLAND CT WILMINGTON, NC 28411
DEREK S REEVES 8109 PORTERS CROSSING WAY WILMINGTON, NC 28411
DAVID M & MARY E RENQUIST 8026 MARSH REACH DR WILMINGTON, NC 28411
ROBERT L & ELIZABETH M RONNE 381 SHACKLEFORD DR WILMINGTON, NC 28411
MICHAEL & SUSAN D ROSE 339 HUGHES CIR WILMINGTON, NC 28411
ANNA ROVETTO ETAL 8121 PORTER CROSSING WAY WILMINGTON, NC 28411
SANDERS FAMILY STORAGE LLC PO BOX 957 GRAHAM, NC 27253
RICHARD CHARLES & JENNIFER ANNE SCALES 8011 MARSH REACH DR WILMINGTON, NC 28411
SCARAFONI ASSOCIATES NC, INC 5 ALLEN AVE MANCHESTER, MA 1944
MELISSA G & DOUG SHIPLEY TRUSTEES 332 FOLLY ISLAND CT WILMINGTON, NC 28411
SHUCO LLC 8131 MARKET ST WILMINGTON, NC 28411
KELLY F P SLIDER 8203 BRAYS DR WILMINGTON, NC 28411
WILLIAM J & KATHERN W SMITH 301 FOLLY ISLAND CT WILMINGTON, NC 28411
EDWARD M & HILDA L SOUTHERLAND 8117 PORTERS CROSSING WAY WILMINGTON, NC 28411
BRENDA T STOKER 8205 FURTADO DR WILMINGTON, NC 28411
STONE DEVELOPMENT & RESTORATION LLC 201 MARSHFIELD DR WILMINGTON, NC 28411
CARMEL D STRICKLAND 357 SHACKLEFORD DR WILMINGTON, NC 28411
BRIAN C & AMY E TANTILLA 316 FOLLY ISLAND CT WILMINGTON, NC 28411
RUBY ELIZABETH TROUTMAN 8205 LANTANA LN WILMINGTON, NC 28411
ELIZABETH C & WILLIAM M VALLS JR 8226 PORTERS CROSSING WAY SUITE 850 WILMINGTON, NC 28411
RUDOLPH & MARY ANN VILLA 309 FOLLY ISLAND CT WILMINGTON, NC 28411
JOANN M WAINIO 8204 LANTANA LN WILMINGTON, NC 28411
JAMES L & JENNIFER L WALDROP 304 FOLLY ISLAND CT WILMINGTON, NC 28411
COLLEEN S WATFORD 8231 BRAYS DR WILMINGTON, NC 28411
JOSEPH I & AMANDA S WELLIVER 8235 PORTERS CROSSING WAY WILMINGTON, NC 28411
ELIZABETH A & BRANDON S WHITTINGTON 8122 PORTERS CROSSING WAY WILMINGTON, NC 28411
RICHARD W WILSON 8133 PORTERS CROSSING WAY WILMINGTON, NC 28411
Planning Board - November 2, 2023
ITEM: 1 - 7 - 42
DAVID T & JESSICA M YACKEL 8243 PORTERS CROSSING WAY WILMINGTON, NC 28411
ROBERT L YUNASKA 6777 MARKET ST WILMINGTON, NC 28405
ADDITIONAL PARCELS SPLIT BY 500' LINE OR NEIGHBORS ON A KEY ADJACENT STREET NOT OTHERWISE IN THE 500' NOTIFICATION LIST
BANESSE SUSAN M 8239 BRAYS DRIVE WILMINGTON, NC 28411
BRITTANY A RIDENOUR 8243 BRAYS DRIVE WILMINGTON, NC 28411
LAURA W HEARN 8247 BRAYS DRIVE WILMINGTON, NC 28411
MARK & LORI GREEN TRUSTEES 8251 BRAYS DRIVE WILMINGTON, NC 28411
ELEANOR C & JAMES R BUCKINGHAM SR 8255 BRAYS DRIVE WILMINGTON, NC 28411
SIMONE M GRACE 8259 BRAYS DRIVE WILMINGTON, NC 28411
DANIEL M SULLIVAN 8263 BRAYS DRIVE WILMINGTON, NC 28411
MONICA D CARAWAN 303 HUGHES CIR WILMINGTON, NC 28411
DONALD P & WANDA B VARIOT 307 HUGHES CIR WILMINGTON, NC 28411
JOSHUA DAVID & JESSICA ANN BERTOVICH 311 HUGHES CIR WILMINGTON, NC 28411
MARY E & TIMOTHY R DOBBS 315 HUGHES CIR WILMINGTON, NC 28411
TRACEY ALTMAN 319 HUGHES CIR WILMINGTON, NC 28411
Planning Board - November 2, 2023
ITEM: 1 - 7 - 43
Planning Board - November 2, 2023
ITEM: 1 - 7 - 44
Planning Board - November 2, 2023
ITEM: 1 - 7 - 45
Planning Board - November 2, 2023
ITEM: 1 - 7 - 46
Page 1 of 2
Community Information Meeting Report – Approved 06-2022
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use
TRAFFIC IMPACT ANALYSIS REPORT
Applicants are encouraged to fill out this report in addition to providing the required Traffic Impact Analysis to allow
for efficient staff review and Board consideration of your application.
Address/Location Approval Date
Development Proposal Analyzed (number and type of residential units and/or square footage and land use code of non-residential structures)
Study Intersections
Traffic Data Collection Date(s)
Trip Generation
SEE PROJECT APPROVED TIA SEE PROJECT APPROVED TIA
SEE PROJECT APPROVED TIA
SEE PROJECT APPROVED TIA
SEE PROJECT APPROVED TIA
SEE PROJECT APPROVED TIA
Planning Board - November 2, 2023
ITEM: 1 - 7 - 47
Page 2 of 2
Community Information Meeting Report – Approved 06-2022
Trip Distribution and Assignment
Approved Developments Considered
Planned Roadway/Intersection Improvements Considered
Approved Background Growth Rate
Required Improvements (with phasing if proposed)
SEE PROJECT APPROVED TIA
SEE PROJECT APPROVED TIA
SEE PROJECT APPROVED TIA
SEE PROJECT APPROVED TIA
SEE PROJECT APPROVED TIA
Planning Board - November 2, 2023
ITEM: 1 - 7 - 48
Planning Board - November 2, 2023
ITEM: 1 - 7 - 49
Concept Plan
Planning Board - November 2, 2023
ITEM: 1 - 8 - 1
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VICINITY MAP
NOT TO SCALE
NORTH
140
SITE
DIMENSIONAL DATA
REQUIRED PROVIDED
MIN. LOT AREA:20,000 SF (0.46 AC)33.54 AC
MIN. LOT WIDTH:100'210'
FRONT SETBACK 35'50' (SHOD) MIN.
SIDE SETBACK (STREET):30'N/A
SIDE SETBACK (INTERIOR (3 STORIES):25'25' MIN.
REAR SETBACK (3 STORIES):30'30' MIN.
PERFORMANCE RESIDENTIAL SETBACK ADJACENT TO RESIDENTIAL:
30'30' MIN.
BUILDING HEIGHT MAXIMUM:3 STORIES MIXTURE OF 2 & 3 STORIES
SITE DEVELOPMENT NOTES:
BUILDING INFORMATION
2 & 3 STORY BUILDINGS PROPOSED AS PERFORMANCE RESIDENTIAL
PARKING REQUIREMENTS - DWELLING, ROW-STYLE
2 SPACES REQUIRED PER DWELLING UNIT
PARKING REQUIRED:696 SPACES
PARKING PROVIDED:786 SPACES
IN-UNIT GARAGE PARKING:296 SPACES
SURFACE PARKING:490 SPACES (INCLUDING VISITOR & AMENITY SPACES)
LANDSCAPING GENERAL NOTES:
1.LANDSCAPED AREAS WILL COMPLY WITH NEW HANOVER COUNTY UNIFIED DEVELOPMENT
ORDINANCE INCLUDING PARKING AREAS, STREET YARDS, BUFFERS, AND SCREENING.
2.STREET YARD SHALL BE A MINIMUM OF 9' AND A MAXIMUM OF 27' AND CONTAIN AN AREA OF 18 SF
FOR EVERY LF OF STREET YARD FRONTAGE. LANDSCAPE AREA PROVIDED ALONG MARKET
STREET IS 50' WIDE DUE TO SHOD.
BUFFER NOTES
1.1. MINIMUM BUFFER REQUIREMENTS STATE A 20' TYPE A OPAQUE BUFFER IS REQUIRED WHEN
ADJACENT TO SINGLE FAMILY DETACHED OR TWO FAMILY DWELLING UNITS AND UNDEVELOPED
LAND IN RA, AR, R-20S, R-20, R-15, R-10, R-7, OR R-5 ZONING DISTRICTS.
2.PROPOSED BUFFERS WILL CHOOSE BETWEEN 3 ALLOWABLE OPTIONS DEPENDING ON SITE
CONDITIONS FOR EACH BUFFER AREA.
OPT 1. MINIMUM THREE ROWS PLANTED MATERIAL REQUIRED.
OPT 2. 6' - 10' OPAQUE FENCE WITH VEGETATION
OPT 3. BERM & VEGETATION
3.PROPOSED BUFFERS EXCEED MINIMUM REQUIREMENTS IN ALL LOCATIONS.
SCREENING
1. TRASH COMPACTOR/DUMPSTER AREAS SHALL BE SCREENED FROM VIEW BY MEANS OF A SOLID
FENCE & LANDSCAPING.
SIDEWALKS
1.SIDEWALKS SHALL BE PROVIDED IN ACCORDANCE WITH THE NEW HANOVER COUNTY UDO.
STORMWATER & UTILITIES
1.STORM WATER SHALL BE DESIGNED IN ACCORDANCE WITH ALL NEW HANOVER COUNTY AND
STATE REQUIREMENTS. PONDS SHOWN IN GENERAL LOCATION AT THIS TIME, BUT DESIGN WILL
ALTER AS ENGINEERING DESIGN PROGRESSES.
2.PUBLIC WATER AND SEWER WILL BE EXTENDED BY THE DEVELOPER TO THE SITE. ALL DESIGN
AND PERMITTING SHALL BE COORDINATED WITH CFPUA, NEW HANOVER COUNTY, AND STATE
REGULATORS AS REQUIRED.
LEGEND
SUBJECT PROPERTY LINE
WE
T
WETWETWETWETWET
WE
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WET WET WET WET WET
WETLANDS
PROPOSED BUILDINGS
SITE DATA
PROJECT ADDRESSES:
PROPERTY OWNERS:BEE SAFE PORTERS NECK, LLC,
HERBERT E PARHAM, AND
ROBERT L YUNASKA
PARCEL PINS: R03600-005-007-000 (± 2.88 AC)
R03600-005-006-002 (± 0.40 AC)
R03700-004-147-000 (± 20.41 AC)
R03700-004-148-000 (± 2.12 AC)
R03700-004-189-000 (± 7.78 AC)
R03600-006-082-000 (A PORTION OF)
PROPOSED USE:TOWNHOME (ROWHOUSE) RESIDENTIAL
FUTURE LAND USE CLASSIFICATION:URBAN MIXED USE, GENERAL RESIDENTIAL, GROWTH NODE
TOTAL PROJECT SITE AREA:± 33.54 AC (± 1.72 AC IN COD)
CURRENT ZONING: B-2, I-1, & R-15
PROPOSED ZONING:RMF-M (RESIDENTIAL MULTI-FAMILY MODERATE DENSITY)
MAX DENSITY ALLOWED AS RMF-M:17 DU/AC (541 UNITS ALLOWED)
MAX PROJECT DENSITY PROPOSED:10.94 DU/AC (DOES NOT INCLUDE COD AREA)
TOTAL PROPOSED UNITS:348 UNITS
MIDDLE UNITS (WITH GARAGE):296 UNITS
END UNITS (NO GARAGE):52 UNITS
EXISTING CONDITIONS/ ENVIRONMENTAL NOTES:
FLOOD INFORMATION:THE SUBJECT PARCELS ARE LOCATED IN ZONE X – MINIMAL FLOOD
RISK – AS SHOWN BY FEMA MAP NUMBER 3720316900K &
3720326000K BEARING AN EFFECTIVE DATE OF FEBRUARY 16, 2007.
WETLAND INFORMATION:A WETLAND DELINEATION AS PREPARED BY STOCKS LAND
SURVEYING WAS APPROVED BY THE USACE ON MARCH 29, 2003;
WETLAND PERMITS WILL BE RENEWED AFTER CONDITIONAL
REZONING APPROVAL AND PRIOR TO CONSTRUCTION.
SPECIMEN TREES:SPECIMEN TREES HAVE BEEN FOUND ON SITE & ARE BEING
PRESERVED.
EXISTING VEGETATION:THE SITE IS COMPRISED OF A MIXTURE OF OPEN GRASSED AREA &
WOODED AREAS. AREAS AROUND THE WETLAND ARE HEAVILY
VEGETATED AND PROPOSED TO REMAIN LARGELY UNDISTURBED.
TREE SPECIES ARE MIXED HARDWOODS AND MIXED PINE TREES
THROUGHOUT THE SITE.
OPEN SPACE
REQUIRED OPEN SPACE:± 6.71 AC (20% OF GROSS AREA)
PROVIDED OPEN SPACE:± 13 AC (39% OF GROSS AREA)
OPEN SPACE INCLUDES WETLANDS, BUFFERS, STREET YARDS, PONDS & EASEMENTS
CONDITIONAL REZONING NOTE
ALL DESIGN ELEMENTS SHOWN ON THIS PLAN CONVEY THE GENERAL INTENTION OF THE PROPOSED
DESIGN AND MAXIMUM DENSITY ANTICIPATED; DESIGN MAY REQUIRE MINOR DEVIATIONS DURING
DESIGN DEVELOPMENT, BUT ALL DESIGN WILL COMPLY WITH THE TERMS OF APPROVAL FOR THE
CONDITIONAL ZONING PLAN AND WITH NEW HANOVER COUNTY'S UDO. UDO ARTICLE 10 10.3.3.C.7.b
FURTHER IDENTIFIES EXTENT OF CHANGE ALLOWED BEFORE REQUIRING ADDITIONAL BOARD
REVIEW. PLANS WILL BE REVIEWED BY TRC AND REGULATORY AUTHORITIES TO ENSURE
COMPLIANCE WITH APPLICABLE ZONING REGULATIONS AND LOCAL AND STATE REGULATIONS.
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CLUBHOUSE / POOL
/ POOL HOUSE /
GRILL AREA
PROPOSED TRASH COMPACTOR SCREENED
FROM ADJACENT PROPERTIES & LOCATED
AWAY FROM EXISTING HOMES
PROPOSED
MAINTENANCE
BUILDING
PROPOSED 9'x18' PARKING SPACES
IN THE BACK OF THE UNITS, TYP.
PROPOSED 9'x22' PARALLEL SPACES; TYP.;
PARALLEL SPACES PROVIDE VISITOR PARKING & RESIDENT OVERFLOW PARKING
PROPOSED MIDDLE UNIT WITH A GARAGE, TYP.
PROPOSED END UNIT WITH NO GARAGE, TYP.
PORTION OF I-1 LAND INCLUDED IN PROJECT FOR ACCESS TO REAR PARCELS
POTENTIAL ENTRY GATE
POTENTIAL EXIT GATE
OPEN SPACE AREA, TYP.
0 50 100 200 400
SCALE: 1"=100'
GRAPHIC SCALEGRAPHIC SCALE
PROPOSED POND
PROPOSED EMERGENCY VEHICLE ACCESS GATE;
SETBACK FROM PROPERTY LINE TO ALLOW VEHICLE ACCESS
OUTSIDE OF ADJACENT NEIGHBORHOOD ROAD
EXISTING SPECIMEN LIVE OAKS TO REMAIN AS
ENTRANCE FEATURE TO NEIGHBORHOOD
EXISTING WETLAND IMPACT TO ALLOW ROAD ACCESS TO REAR LAND
EXISTING HEAVILY VEGETATED AREA TO REMAIN AS OPEN SPACE & BUFFER
TOWNHOME BUILDING, TYP;
STREETSCAPES THROUGHOUT PROJECT WILL INCLUDE SIDEWALK & STREET TREES
EXISTING POND
TOWNHOMES CLOSEST TO ADJACENT SINGLE FAMILY HOMES
POSITIONED ADJACENT TO EXISTING COMMON AREAS
PROPOSED OPEN SPACE
EXISTING EDGE OF NHC COD
EXISTING EASEMENT, TYP.
PROPOSED WIDENED
BUFFER & OPEN
SPACE ADJACENT TO
SINGLE FAMILY
NEIGHBORHOOD
PROPOSED WIDENED BUFFER & OPEN SPACE
ADJACENT TO SINGLE FAMILY NEIGHBORHOOD
PROPOSED MOTOR COURT IN REAR OF TOWNHOMES, TYP.;
ACCESS TO GARAGES & MAJORITY OF SURFACE PARKING
FOR UNITS SCREENED FROM STREETSCAPE AREAS
Planning Board - November 2, 2023
ITEM: 1 - 9 - 1
Traffic Impact Analysis
Planning Board - November 2, 2023
ITEM: 1 - 10 - 1
January 31, 2023 Mr. A. J. Anastopoulo, P.E DAVENPORT 5917 Oleander Drive, Suite 206 Wilmington, NC 28403 RE: Approval with conditions of the Traffic Impact Analysis (TIA) for the proposed Market Street Townhome Apartments residential development in New Hanover County, NC Dear Mr. Anastopoulo: The WMPO, NCDOT, and New Hanover County staffs have reviewed the Market Street Townhome Apartments TIA (sealed December 2, 2022) and based on the information provided and conversations held to date, it is our understanding that the proposed development has a build out year of 2024 and will consist of:
o ITE Land Use Code 220 – up to 348 DU Multi-family (low-rise) residential
The following improvements are required of the developer: US 17 (Market Street) and Hays Lane/Commercial Driveway (Signalized intersection)
• No improvements are required. US 17 (Market Street) and Cypress Pond Way (Unsignalized left over)
• Install a traffic signal and provide necessary coordination. US 17 (Market Street) and SR 1402 (Porters Neck Road) (Signalized intersection)
• No improvements are required. SR 1402 (Porters Neck Road) and Brays Drive/Site Access 2 (Stop-controlled intersection)
• No improvements are required. US 17 (Market Street) and Site Access 1 (Stop-controlled right-in/right-out intersection)
• Construct a continuous northbound thru-right turn lane on US 17 (Market Street) from ABC store driveway continuing up to the thru-right lane at the intersection of US 17 (Market Street) and Porters Neck Road.
Planning Board - November 2, 2023
ITEM: 1 - 11 - 1
Planning Board - November 2, 2023
ITEM: 1 - 11 - 2
DAVEI\PORT
Transportation I mpact Analysis
[Vlarket Street Townhomes
Wilmington, NC
Prepared for CIP Construction Company
December 2,2A22
Analysis by: Sam Starks
Drafting/Graphics by:Sam Starks
Reviewed by: AJ Anastopoulo. P.E.
Erin Govea, P.E.
Sealed by: AJ Anastopoulo. P.E.
EI
This document, together with the concepts and designs presented herein, is intended only for the specific
purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others
without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and
shall be a violation of the agreement between DAVENPORT and the client.
Home Office:
119 Brookstown Ave. Suite PH1
Winston-Saiem, NC 27101
Maini 336.744.1S36; Fax: 33S.458.9377
Wilmington Regional Office:
5917 Oleander Drive, Suite 206
Wilmington, NC 28403
Main: $10.251 .8312; Fax: 336.458.9377
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Planning Board - November 2, 2023
ITEM: 1 - 12 - 1
12/2/2022 220248 Market Street Townhomes i
EXECUTIVE SUMMARY
The proposed residential development is located east of Market Street and south of the
intersection of Brays Drive and Shackleford Drive in Wilmington, NC. The proposed development
is planned to consist of up to 348 townhomes. The expected build-out year for this development
is 2024. Information regarding this property was provided by CIP Construction Company.
Two scenarios were analyzed for this Transportation Impact Analysis (TIA). Scenario A analyzed
two access points for the development. The first access point, which is right-in/right-out (RIRO),
will be located along Market Street approximately 325 feet south of Cypress Pond Way. The
second access point will be a new connection extending Brays Drive. In Scenario B, only the first
access point along Market Street will be used, while the access point to Brays Drive will be used
for emergency access only.
DAVENPORT was retained to determine the potential traffic impacts of this development and to
identify transportation improvements that may be required to accommodate the impacts of the
new development traffic.
The TIA was performed based on the scope agreed upon with the Wilmington Metropolitan
Planning Organization (WMPO) and the North Carolina Department of Transportation (NCDOT).
This site has a trip generation potential of 2,306 daily trips, 131 trips in the AM peak hour, and
170 trips in the PM peak hour.
Based on the capacity analysis, recommendations have been given where necessary to mitigate
the impacts of future traffic. Improvements are summarized in Table A and Figure A.
In conclusion, this study has determined the potential traffic impacts of this development.
Recommendations have been given to accommodate these impacts. The analysis indicates that
with the recommended improvements in place, the proposed site is not expected to have a
detrimental effect on transportation capacity and mobility in the study area. The recommendations
in Figure A and in Table A should be constructed to comply with applicable NCDOT Policy on
Street and Driveway Access to North Carolina Highways and local standards.
Planning Board - November 2, 2023
ITEM: 1 - 12 - 2
12/2/2022 220248 Market Street Townhomes ii
Table 6.1 – Summary of Recommended Improvements
INTERSECTION
SCENARIO A
RECOMMENDATIONS
(2 Access Points)
SCENARIO B
RECOMMENDATIONS
(1 Access Point)
Market Street and
Hays Lane/
Commercial
Driveway
No improvements
recommended
No improvements
recommended
Market Street and
Cypress Pond
Way
Extend northbound left turn
lane storage by 50 feet to 300
feet with appropriate taper.
Extend northbound left turn
lane storage by 50 feet to 300
feet with appropriate taper.
Market Street and
Porters Neck
Road
No improvements
recommended
No improvements
recommended
Porters Neck and
Brays Drive
(Site Access 2)
No improvements
recommended
No improvements
recommended
Market Street and
Site Access 1
Install northbound right turn
lane with 150 feet of storage
and appropriate deceleration
and taper
Design site drive according to
applicable NCDOT and local
standards.
Install northbound right turn
lane with 200 feet of storage
and appropriate deceleration
and taper
Design site drive according to
applicable NCDOT and local
standards.
Planning Board - November 2, 2023
ITEM: 1 - 12 - 3
Public Comments
In Support 0
Neutral 0
In Opposition 7
Planning Board - November 2, 2023
ITEM: 1 - 13 - 1
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Tuesday, October 24, 2023 1:06 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #6991 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day
of the applicable meeting will be made available to the Board prior to that meeting
and will be included as part of the permanent, public record for that meeting.
First Name Dr. Glenn
Last Name Weckel
Address 7611 Mallow Rd
City wilmington
State nc
Zip Code 28411
Email glennweckel@gmail.com
Projects available for
comment.
PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St
What is the nature of your
comment? Oppose project
Public Comment I have lived here since 1986 and have see too much growth. I
am a conservative and a capitalist and I understand that
controlled growth is good for the area and for jobs and needed
if people continue to move into the area but in the past few
years, the amount of vertical growth has been ridiculous. This
affects the quality of our life and the aesthetics of our natural
beauty. I live in Bayshore, a naturally wooded community with
single family homes. You have just allowed for 40+ acres to be
cleared in the 7000 block of Market St and 288 apartments are
Planning Board - November 2, 2023
ITEM: 1 - 14 - 1
2
going up in 3-4 story complexes after you clear cut the entire
area...LOOKS UGLY and now you want to rezone so that 348
more can go into the 8100 block of Market St.
NO, NO, NO...am I clear on that...NO.
Some single family homes in a nice neighborhood that has
NOT been clear cut, OK. No more multifamily three story units.
We are also tired of looking at the ugly construction for years
on end. We built the Empire State building in thirteen months
and this Market st widening project is three years going and
still at least a year from completion and now the Gordon Rd
project will start next year. I am tired of driving in the mess and
tired of not having a beautiful county to live in.
Upload supporting files
If you need to support your comment with documentation, upload the files here. No
more than 20MB in size total for all files. File types accepted are: doc, docx, ppt,
pptx, txt, pdf, jpg, png.
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Planning Board - November 2, 2023
ITEM: 1 - 14 - 2
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Monday, October 23, 2023 9:37 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary
Subject:Online Form Submission #6953 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day
of the applicable meeting will be made available to the Board prior to that meeting
and will be included as part of the permanent, public record for that meeting.
First Name Jessica
Last Name Foley
Address 7913 Bonaventure Drive
City Wilmington
State NC
Zip Code 28411
Email jessica.b.foley3@gmail.com
Projects available for
comment.
PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St
What is the nature of your
comment? Oppose project
Public Comment The neighborhood’s primary access will be from Market Street
which would overwhelm the already-crowded roads. This
addition would also strain the area’s aging stormwater system
and potentially decrease property values. Finally, with new
adults moving to these townhomes it also brings new kids.
Where will they go to school with an already overcrowded
Porter Neck elementary?
Adding these townhomes is an extremely poor choice.
Planning Board - November 2, 2023
ITEM: 1 - 14 - 3
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Monday, October 23, 2023 11:29 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary
Subject:Online Form Submission #6959 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day
of the applicable meeting will be made available to the Board prior to that meeting
and will be included as part of the permanent, public record for that meeting.
First Name Kevin
Last Name Foley
Address 7913 Bonaventure Drive
City Wilmington
State NC
Zip Code 28411
Email kevinpatrickfoley@gmail.com
Projects available for
comment.
PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St
What is the nature of your
comment? Oppose project
Public Comment The Porter's Neck area has already seen substantial growth as
seen in the school enrollment numbers. Porters Neck
Elementary is only 3 years old and already over capacity with
no plans for a new school or anything to accommodate more
students.Ogden Elementary to the south is even farther above
capacity so there is no room to move to other schools. With
more families moving to this area every year, we should not be
granting waivers that would make this problem worse. If
anything, this property should be the site of a new elementary
Planning Board - November 2, 2023
ITEM: 1 - 14 - 4
2
school to help with the overcrowding from Porter's Neck and
Ogden elementary schools. This whole area is so heavy in
residential space with little undeveloped space left for any
future schools.
The traffic would also cause a major issue. At the location of
the entrance, Market st is divided which means that the 345
residents with likely 2 cars a piece will have to all exit right and
do a U turn at Porter's Neck Rd to go south. To return home
when coming from the North, they would need to do a U turn at
Hays ln (Walmart). Upon exiting, there is a left turn lane
directly across to enter Cypress Pins Way, which would result
in cars having to drive straight at the median to get into the
lane. This left turn lane also backs up a lot since it is not at a
light and it is the entrance to groceries, restaurants, hotels,
gyms and retail. The proposed emergency entrance would be
a better option as a main entrance and exit.
That doesn't even take into account the extra 345 two cars
household, 700 cars that will be commuting through this area
daily. Te Hampstead bypass is still years away but the Military
cutoff extension has yet to show any traffic relief through
Ogden and Porter's Neck, so adding more unnecessary traffic
to this are, that doesn't also benefit any of the existing
residents in any way, is moving in the wrong direction.
Townhomes may often be purchased by lower income homes
and may not have cars, but there are no sidewalks in this area.
There are no crosswalks. When traffic gets bad enough people
will try to walk and inevitably cause more accidents from trying
to run across a highway or try to walk along the side of the
highway in the grass.
We are growing fast in this area. Faster than we can
accommodate the change. Even if we approved a new school
today, we'd have years of overcrowding before it would
actually open. Often we don't have a choice on what someone
builds on the land that they buy. We're lucky in this case that
we have a choice to not rezone this and make matters worse.
Please make the right decision and do not approve this on the
grounds that it does not benefit the existing residence in
anyway.
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Planning Board - November 2, 2023
ITEM: 1 - 14 - 5
1
Dickerson, Zachary
From:Kristen Butler <kristenjmoody@aol.com>
Sent:Monday, October 23, 2023 1:29 PM
To:Dickerson, Zachary
Subject:Townhomes on Market St.
** External Email: Do not click links, open aƩachments, or reply unƟl you know it is safe **
Good aŌernoon Mr. Dickerson. I am wriƟng to oppose the possible building of new townhomes at the 8100 block of
Market St. We have had such huge growth over the last couple of years and the schools in this area are so overcrowded.
If you build these townhomes, where will the children that live in them go to school? Porters Neck Elementary is only in
year 3 of being open, and we have already lost our music room and art room, and they are not yet finished building the
homes in the new Waterstone neighborhood. If the city/county wants to conƟnue to build mulƟ-home residenƟal areas,
we need MORE schools. Schools are so important and it seems like no-one cares about them. It is all about money for
these big builders and since schools don’t generate revenue they aren’t thought about. It is so frustraƟng the way that
the city is growing, and we are becoming another Myrtle Beach but rather than mini golf and big beach stores like Wings,
we have oil change places, car washes, and storage faciliƟes.
Please consider this when deciding on whether to build these new townhomes.
Thank you kindly,
Kristen Bulter
(336)580-3514
Planning Board - November 2, 2023
ITEM: 1 - 14 - 6
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Tuesday, October 24, 2023 8:46 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #7004 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day
of the applicable meeting will be made available to the Board prior to that meeting
and will be included as part of the permanent, public record for that meeting.
First Name Kristen
Last Name Lindquist
Address 520 Bayfield Dr
City Wilmington
State NC
Zip Code 28411
Email Field not completed.
Projects available for
comment.
PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St
What is the nature of your
comment? Oppose project
Public Comment There is too much traffic in this section of Market St. The
surrounding infrastructure cannot sustain another 350+ homes.
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more than 20MB in size total for all files. File types accepted are: doc, docx, ppt,
pptx, txt, pdf, jpg, png.
Planning Board - November 2, 2023
ITEM: 1 - 14 - 7
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Monday, October 23, 2023 8:31 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary
Subject:Online Form Submission #6951 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day
of the applicable meeting will be made available to the Board prior to that meeting
and will be included as part of the permanent, public record for that meeting.
First Name Nancy
Last Name Peterson
Address 429 Marsh Oaks Drive
City Wilmington
State NC
Zip Code 28411
Email njmcneill@yahoo.com
Projects available for
comment.
PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St
What is the nature of your
comment? Oppose project
Public Comment What concessions are being made to accommodate the
increased traffic this will have in an already highly congested
area and the impact to schools that are already overcrowded?
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more than 20MB in size total for all files. File types accepted are: doc, docx, ppt,
pptx, txt, pdf, jpg, png.
Planning Board - November 2, 2023
ITEM: 1 - 14 - 8
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Monday, October 23, 2023 9:38 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary
Subject:Online Form Submission #6954 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day
of the applicable meeting will be made available to the Board prior to that meeting
and will be included as part of the permanent, public record for that meeting.
First Name Sara
Last Name Fischer
Address 308 marsh oaks dr
City Wilmington
State North Carolina
Zip Code 28411
Email Field not completed.
Projects available for
comment.
PB Meeting - Z23-21 - Market St Townhomes - 8138 Market St
What is the nature of your
comment? Oppose project
Public Comment Subject: Opposition to Rezoning Proposal Case #z23-21
I am writing to express my strong opposition to the rezoning
proposal (Case #z23-21) requesting the rezone of 33.54 acres
for a maximum of 348 single-family attached dwelling units in
our community. While I understand the need for development, I
believe that this rezoning proposal will have detrimental effects
on our neighborhood and its existing residents.
Planning Board - November 2, 2023
ITEM: 1 - 14 - 9
2
First and foremost, our schools are already overcrowded. As a
resident, I have witnessed the strain that the current population
has placed on our educational system. The proposed
construction of 348 townhomes, which is likely to attract more
young families, would only exacerbate this problem. I would
like to draw your attention to the recent capacity report
conducted by the Board of Education, which underscores the
current issues we face in our educational institutions.
This rezoning proposal fails to consider the already stretched
resources and infrastructure in our community. It is crucial that
we prioritize the well-being and quality of life for our current
residents before embarking on such extensive development.
The overcrowding in our schools and the potential strain on
other public services would negatively impact our community's
residents, many of whom have lived here for years.
I respectfully request that you consider the long-term
consequences of this rezoning proposal on our community. It
is essential to strike a balance between development and the
preservation of the existing quality of life for our residents.
I urge the City Planning Department to review the concerns
raised by the community and reconsider the rezoning proposal
in light of the capacity report from the Board of Education. Our
community's future depends on thoughtful, responsible
development that takes into account the well-being of its
residents.
Thank you for your attention to this matter. I hope you will
make the right decision for our community's future.
Sincerely,
Sara Fischer
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Planning Board - November 2, 2023
ITEM: 1 - 14 - 10
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/2/2023
Regular
DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor
CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z23-19) – Request by Cindee Wolf with Design Solu9ons, applicant, to rezone approximately
7.95 acres zoned (CZD) R-10, Residen9al and R-20, Residen9al located at 1728 Rockhill Road to (CZD) R-10,
Residen9al for a maximum 24 dwelling units.
BRIEF SUMMARY:
The applicant is proposing the 2.7 acre Phase 2 expansion of the Legacy Landing Subdivision. Legacy Landing Phase 1
was originally rezoned in March 2021 for 10 single family residen*al lots. Legacy Landing Phase 2 is proposing the
addi*on of 14 dwelling units in the form of 7 pairs of a,ached single family dwellings.
The proposed rezoning is intended to integrate both phases of Legacy Landing into one uniform condi*onal zoning
classifica*on. Phase 1 combined with the proposed Phase 2 results in a maximum of 24 dwelling units with an overall
density of is 3.1 dwelling units per acre.
The concept plan shows each dwelling unit on an individual lot. The plan proposes an extension of Dorsey Lane north
to Rockhill Road created an interconnected loop between Reminisce Road and Rockhill Road. In addi*on, a
stormwater management system and open space is proposed between the housing types, with addi*onal open space
along Rockhill Road.
The R-20 in this area was established in 1974. At the *me, the purpose of the R-20 district was to ensure housing
served by private sep*c and wells would be developed at low densi*es. Since that *me, public water and sewer have
become available to the surrounding area. While R-20 is the predominate zoning district in the area the Walnut Hills
Subdivision to the west was zoned R-10 and the North Oakley Circle Subdivision to the east was zoned R-15 as part of
Area 10A in 1974.
The purpose of the R-10 district is to provide lands that accommodate new residen*al neighborhoods and encourage
the conserva*on of exis*ng residen*al lots and neighborhoods. Neighborhoods in the R-10 district are rela*vely low
density in character and include a limited mix of single family and duplex housing types.
As currently zoned, the site would be permi,ed up to 15 dwelling units. 10 dwelling units at a density of 2.24 du/ac in
Legacy Landing Phase 1 plus 5 dwelling units at a density of 1.9 du/ac under the performance residen*al development
standards for the R-20 district. The proposed 24 total units equate to an overall density of 3.1 du/ac, slightly less than
the 3.3 units per acre maximum density allowed in the R-10 district.
It is es*mated the site would generate approximately 11 AM and 14 PM peak hour trips if developed at the permi,ed
densi*es of the current R-10 and (CZD) R-10 zoning districts. The proposed (CZD) R-10 development is es*mated to
Planning Board - November 2, 2023
ITEM: 2
generate 14 AM and 17 PM peak hour trips, increasing the es*mated number of peak hour trips by approximately 3
AM and 3 PM trips.
The NCDOT and WMPO do not have traffic data related to Rockhill Road or Reminisce Road. The lack of available
data indicates the roads do not currently experience heavy enough traffic volumes to warrant monitoring. While there
is no specific data available to indicate current or an*cipated impacts to roadway capacity the increase is in es*mated
trips generated by the proposed development is minimal. In addi*on, the project will be subject to NCDOT engineering
review through the driveway permi@ng process.
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).
Students living in the proposed development would be assigned to Wrightsboro Elementary School, Holly Shelter
Middle School, and New Hanover High School. Based on a generalized historic genera*on rate, staff would es*mate
the increase in homes would result in approximately 2 more students than the es*mated number of students
generated under exis*ng zoning. Staff is in the process of analyzing the school capacity for the new school year and
an*cipates providing updated data for school enrollment and capacity at the Planning Board mee*ng.
The Comprehensive Plan designates this property as General Residen*al, a place type that focuses on lower-density
housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while recrea*on and school facili*es are encouraged
throughout. Types of uses include single-family residen*al, low-density mul*-family residen*al, light commercial, civic,
and recrea*onal.
The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed
density and housing type are in line with the recommenda*ons of the General Residen*al place type and the proposed
development would act as an appropriate transi*on between the road and exis*ng residen*al development.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff’s recommenda*on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera*ons, and
technical review. The Wrightsboro area has been designated as General Residen*al within the Comprehensive Plan.
The plan recommends a single-family and duplex residen*al development at a density of no more than 8 dwelling units
per acre.
The scale and density of the proposed development is within the recommenda*ons for the place type and the
proposed housing type provides transi*ons from the road to exis*ng residen*al uses.
As a result, Staff recommends approval of the request and suggests the following mo9on:
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 the proposed density and housing type is within the recommenda*ons of
the General Residen*al place type. I also find recommending APPROVAL of the rezoning request is reasonable and in
the public interest because the project provides addi*onal housing diversity to the area.
Alterna9ve Mo9on for DENIAL (if based on informa*on presented at the public hearing or other considera*on
Planning Board - November 2, 2023
ITEM: 2
beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes
and intent of the Comprehensive Plan because the proposed density and housing type are in line with the
recommenda*ons of the General Residen*al place type. I find recommending DENIAL of the rezoning request is
reasonable and in the public interest because the project’s housing type does not match exis*ng neighborhood
development pa,erns in the area.
ATTACHMENTS:
Descrip*on
Z23-19 PB Script
Z23-19 PB Staff Report
Z23-19 Zoning Map
Z23-19 Future Land Use Map
Z23-19 Mailout Map
Z23-19 Application Cover Sheet
Z23-19 Application
Z23-19 Concept Plan Cover Sheet
Z23-19 Concept Plan
Public Comment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 2, 2023
ITEM: 2
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z23-19)
Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 7.95 acres zoned
(CZD) R-10, Residential and R-20, Residential located at 1728 Rockhill Road to (CZD) R-10, Residential
for a maximum 24 dwelling units.
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 and supporters’ presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s and supporters’ 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 a motion and 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. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because the proposed density and housing
type is within the recommendations of the General Residential place type. I also find
recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the project provides additional housing diversity to the area.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed density and
housing type are in line with the recommendations of the General Residential place type. I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because
the project’s housing type does not match existing neighborhood development patterns in the
area.
Planning Board - November 2, 2023
ITEM: 2 - 1 - 1
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) 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 - November 2, 2023
ITEM: 2 - 1 - 2
Z23-19 Staff Report PB 11.2.2023 Page 1 of 15
STAFF REPORT FOR Z23-19
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z23-19
Request:
Rezoning to a Conditional R-10 district
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions Cape Fear Habitat for Humanity, Inc.
Location: Acreage:
1728 Rockhill Road 7.65
PID(s): Comp Plan Place Type:
R08518-001-014-002, R08518-001-014-001,
R08518-001-014-003, R08518-001-001-000 General Residential
Existing Land Use: Proposed Land Use:
10 lot conventional subdivision and vacant,
wooded land.
Maximum 24 dwelling units. 14 new attached
single family dwelling units in addition to 10
existing single family residential lots.
Current Zoning: Proposed Zoning:
(CZD) R-10, Residential and R-20, Residential (CZD) R-10, Residential
SURROUNDING AREA
LAND USE ZONING
North Single Family Residential R-20
East Single Family Residential R-20
South Single Family Residential R-20 and CZD R-10
(Legacy Landing Phase 1)
West
Single Family Residential R-20 and CZD R-10
(Legacy Landing Phase 1)
Planning Board - November 2, 2023
ITEM: 2 - 2 - 1
Z23-19 Staff Report PB 11.2.2023 Page 2 of 15
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
March 3, 2021 Legacy Landing Phase 1 rezoned to (CZD) R-10 for 10 residential lots.
January 10,
2022 Legacy Landing Phase 1 modification to add a stormwater pond.
COMMUNITY SERVICES
Water/Sewer Public water and sewer services are available from CFPUA through an
extension of existing utilities in Legacy Landing Phase 1.
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
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources.
Historic No known historic resources.
Archaeological No known archaeological resources
Planning Board - November 2, 2023
ITEM: 2 - 2 - 2
Z23-19 Staff Report PB 11.2.2023 Page 3 of 15
LEGACY LANDING PHASE 1 - APPROVED
• Legacy Landing Phase 1 is a 10-lot conventional subdivision on a cul-de-sac with two
stormwater lots on the western side of the development.
• The concept plan includes a road stub to the north for future development.
• The density of Legacy Landing Phase 1 is 2.24 dwelling units per acre.
• Legacy Landing Phase 1 was originally approved in March 2021 with a subsequent
rezoning modification approved by the Board of Commissioners in January 2022 to
accommodate stormwater requirements.
• The Legacy Landing Phase 1 final plat was recorded in May 2023 and single-family
detached home construction is currently underway.
Single Family
Lots Road Stub to
Adjacent Parcel
Planning Board - November 2, 2023
ITEM: 2 - 2 - 3
Z23-19 Staff Report PB 11.2.2023 Page 4 of 15
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
• The proposed Legacy Landing Phase 2 includes the original 10-lot Phase 1 and adds 2.7
acres to the north to accommodate 14 additional dwelling units in the form of 7 pairs of
attached dwellings.
• Dwelling units are paired and will share a common wall; however, each dwelling unit will
be on an individual lot.
• The concept plan proposes an extension of Dorsey Lane north to Rockhill Road creating an
interconnected loop between Reminisce Road and Rockhill Road.
Approved
Legacy Landing
Phase 1
Proposed
Stormwater
Proposed
Legacy Landing
Phase 2
Attached
Single Family
Detached Single
Family
Planning Board - November 2, 2023
ITEM: 2 - 2 - 4
Z23-19 Staff Report PB 11.2.2023 Page 5 of 15
• In addition, a stormwater management system and open space is proposed between the
housing types, along with additional open space along Rockhill Road.
• Phase 1 combined with the proposed Phase 2 results in a maximum of 24 dwelling units.
• The proposed rezoning is intended to integrate both phases into one uniform conditional
zoning classification with an overall density of 3.1 dwelling units per acre, a slight increase
over the density of Phase 1.
ZONING CONSIDERATIONS
• The R-20 district in this area was established in 1974. At the time, the purpose of the R-20
district was to ensure housing served by private septic and wells would be developed at
low densities. Since that time, public water and sewer services have become available to
the surrounding area.
• While R-20 is the predominant zoning district in the area the Walnut Hills Subdivision to the
west was zoned R-10 and the North Oakley Circle Subdivision to the east was zoned R-15
as part of Area 10A in 1974.
• Since that time the surrounding area has seen gradual shifts toward slightly higher density
residential development such as the Bountiful Village Subdivision to the south zoned CZD R-
10 in 2018, the Habitat for Humanity project on Castle Hayne Road zoned R-10 in 2020,
and the adjacent Legacy Landing Phase 1 zoned CZD R-10 in 2021.
• As currently zoned, the site would be permitted up to 15 dwelling units. 10 dwelling units at
a density of 2.24 du/ac in Legacy Landing Phase 1 plus 5 dwelling units at a density of 1.9
du/ac under the performance residential development standards for the R-20 district.
• The R-10 district was established to provide lands that accommodate new residential
neighborhoods and encourage the conservation of existing residential lots and
neighborhoods. Neighborhoods in the R-10 district are relatively low density in character
and include a limited mix of single family and duplex housing types.
• The proposed 24 units equate to an overall density of 3.1 du/ac, slightly less than the 3.3
units per acre maximum density allowed in the R-10 district.
• If approved the project would be developed under the Performance Residential
development standards which requires a minimum 20-foot buffer, commonly referred to as
a “performance buffer,” along the project boundary. The performance buffer is a setback
and does not require vegetation or fencing.
• The project also proposes 32% open space, 12% more than the minimum required under
the Performance Residential development standards of the UDO which requires 20% open
space.
• 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 - November 2, 2023
ITEM: 2 - 2 - 5
Z23-19 Staff Report PB 11.2.2023 Page 6 of 15
AREA DEVELOPMENTS
Planning Board - November 2, 2023
ITEM: 2 - 2 - 6
Z23-19 Staff Report PB 11.2.2023 Page 7 of 15
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow a maximum
of 15 dwelling units.
PROPOSED ACCESS
Primary Access Rockhill Road
Secondary Access Reminisce Road at the intersection of Reminisce and Dorsey Lane
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Rockhill Road Reminisce Road
Type of Roadway Secondary Road Secondary Road
Proposed
Rockhill
Road
Access
Planning Board - November 2, 2023
ITEM: 2 - 2 - 7
Z23-19 Staff Report PB 11.2.2023 Page 8 of 15
Roadway Planning
Capacity (AADT) 4,000* 4,000*
Latest Traffic Volume
(AADT) N/A N/A
Latest WMPO Point-in-Time
Count (DT) N/A N/A
Current Level of Congestion Available Capacity Available Capacity
Sources
Source of Planning Capacity: WMPO
Source of Latest Traffic Volume: N/A
Source of WMPO Point-in-Time County: N/A
NEARBY NCDOT STIP ROADAWAY PROJECTS
U-5863 – Castle Hayne
Road Improvements
(post-2029 Completion)
- 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, with
construction beginning after 2029.
- The roadway project is currently proposed as a divided
facility with a median, but this has not been finalized. If the
finalized project has a median, the site access will be right-
in/right-out only.
TRAFFIC GENERATION
Traffic Generated
by Present
Designation
Traffic Generated by
Proposed
Designation
Potential Impact of
Proposed
Designation
AM Peak Hour Trips 11 14 +3
PM Peak Hour Trips 14 17 +3
Assumptions
Typical Development with Existing Zoning – 15 single family detached
dwellings.
Proposed Development – 10 detached single-family dwellings and 14
attached single-family dwellings
Sources Source of Trip Generation: ITE Trip Generation Manual, 11th Ed.
TRAFFIC IMPACT ANALYSIS (TIA)
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).
* Rockhill Road and Reminisce Road do not have listed planning capacities. The WMPO and DOT use a base 4,000
vehicles per day for these road types because it is the minimum threshold necessary for DOT to discuss roadway
capacity improvements.
Planning Board - November 2, 2023
ITEM: 2 - 2 - 8
Z23-19 Staff Report PB 11.2.2023 Page 9 of 15
SUMMARY
The NCDOT and WMPO do not have traffic data related to Rockhill Road or Reminisce Road. The
lack of available data indicates the roads do not currently experience heavy enough traffic volumes
to warrant monitoring. While there is no specific data available to indicate current or anticipated
impacts to roadway capacity the increase in estimated trips generated by the proposed development
is minimal. In addition, the project will be subject to NCDOT engineering review through the driveway
permitting process.
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or Special Flood Hazard Area.
• The remainder of the property is within the Shaded Zone X (0.2% annual flood risk) Special
Flood Hazard Area. This is considered an area of moderate to low risk and is not subject to
floodplain development requirements or density restrictions for new development.
• The property is within the Ness Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (Moderate Limitation) soils. CFPUA public water and sewer are
available through utility extensions from Legacy Landing Phase 1.
OTHER CONSIDERATIONS
Schools
• Students living in the proposed development would be assigned to Wrightsboro Elementary
School, Holly Shelter Middle School and New Hanover High School. Students may apply to
attend public magnet, year-round elementary, or specialty high schools.
• A maximum of 15 dwelling units would be permitted under the current R-20 and (CZD) R-
10 zoning base density, and 24 units could potentially be developed under the proposed
zoning for an increase of 9 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 2 additional students than would be generated under
current zoning.
• Staff is in the process of analyzing the school capacity for the new school year and
anticipates providing updated data for school enrollment and capacity at the Planning
Board meeting.
• 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 recent
New Hanover County Schools Facility Needs Study.
Planning Board - November 2, 2023
ITEM: 2 - 2 - 9
Z23-19 Staff Report PB 11.2.2023 Page 10 of 15
Development Type Intensity Estimated Student Yield
(current general student generation rate) *
Existing Development 10 single-family
dwellings
Approximate** Total: 3
(1 elementary, 1 middle, 1 high)
Typical Development Under
Current Zoning 15 residential units Approximate** Total: 3
(1 elementary, 1 middle, 1 high)
Proposed Zoning 24 residential units Approximate** Total: 5
(2 elementary, 1 middle, 2 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.
• 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
Projected
Enrollment of
Assignment
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 93% New
Hanover 1467 1678 87.4% None
Planning Board - November 2, 2023
ITEM: 2 - 2 - 10
Z23-19 Staff Report PB 11.2.2023 Page 11 of 15
New Hanover County Strategic Plan
On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-
2028. This plan focuses on three core areas: workforce and economic development, community
safety and well-being, and sustainable land use and environmental stewardship.
Strategic Plan Outcomes Relevant to
Proposal
Analysis
Through planned growth and development,
residents have access to their basic needs.
The strategic objective to achieve this desired
outcome includes the provision of a variety of
housing options. The proposed CZD R-10
rezoning would provide new attached single-
family homes in an area of the county that is
largely single-family, detached and can aid in
achieving the target of increasing the housing
supply to a level of one residential unit per
every two residents. The 2022 Housing Needs
Assessment, also known as the Bowen Report,
concluded there is an estimated overall
housing gap of 12,147 rental units and a gap
of 16,875 for-sale units within the county over
the next 10 years. The proposed project is
being developed by Habitat for Humanity
which typically provides housing opportunities
within the range of 30-80 % AMI. The Housing
Needs Assessment estimates an overall
housing gap of 5,923 rental units and 5,670
for sale units within the range of 30-80% AMI.
Natural areas and critical environmental
features are enhanced and protected.
No critical environmental features have been
identified on the property and the project
proposes 32% open space, 12% more than
the minimum required for performance
residential developments.
Planning Board - November 2, 2023
ITEM: 2 - 2 - 11
Z23-19 Staff Report PB 11.2.2023 Page 12 of 15
Representative Developments
Representative Developments of Single Family Residential:
Legacy Landing Phase 1 Subdivision
Apple Valley Subdivision
Planning Board - November 2, 2023
ITEM: 2 - 2 - 12
Z23-19 Staff Report PB 11.2.2023 Page 13 of 15
Representative Development of Attached Single Family Dwellings
Heathfield Hall Subdivision
Context and Compatibility
• The property is centrally located along Rockhill Road approximately midway between
Castle Hayne Road and higher density residential west of the I-140 corridor. The site is also
north of the Wrightsboro community and south of the GE employment center.
• Existing comparably zoned neighborhoods have been in existence since the adoption of
initial zoning for the area which includes a mix of small and large single-family dwellings.
• With the extension and availability of public water and sewer, developments within the
recommendations of the General Residential place type have been approved in the area.
These developments, while considered lower density, are slightly higher than existing
surrounding development.
• Additional future residential growth within the General Residential place type
recommendations is anticipated in this area.
• The proposed attached housing type increases housing type diversity in the area and acts
as a transition between Rockhill Road to the north and lower density housing to the south.
• The proposed density of 3.1 du / ac is below the maximum allowed for the R-10 zoning
district and less than the maximum recommended for the General Residential place type.
Planning Board - November 2, 2023
ITEM: 2 - 2 - 13
Z23-19 Staff Report PB 11.2.2023 Page 14 of 15
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on lower-density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout. Types of uses
include single-family residential, low-density multi-family residential, light
commercial, civic, and recreational.
Analysis
The property is centrally located along Rockhill Road approximately
midway between Castle Hayne Road and higher density residential west of
the I-140 corridor. The site is also north of the Wrightsboro community and
south of the GE employment center.
The proposed density of 3.1 du/ac is within the density range of 0-8 du/ac
recommended for the General Residential place type.
The proposed housing type is also within those recommended for the place
type.
With the extension and availability of public water and sewer,
developments within the recommendations of the General Residential place
type have been approved in the area. These developments, while
considered lower density, are slightly higher than existing surrounding
development.
Additional future residential growth within the General Residential place
type recommendations is anticipated in this area.
Planning Board - November 2, 2023
ITEM: 2 - 2 - 14
Z23-19 Staff Report PB 11.2.2023 Page 15 of 15
Consistency
Recommendation
The proposed rezoning request is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed density and housing type are in
line with the recommendations of the General Residential place type and
the proposed development would act as an appropriate transition between
the road and existing residential development.
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. The Wrightsboro area has been designated as General
Residential within the Comprehensive Plan. The plan recommends single-family and duplex
residential development at a density of no more than 8 dwelling units per acre.
The scale and density of the proposed development is within the recommendations for the place
type and the proposed housing type provides transitions from the road to existing residential uses.
As a result, Staff recommends approval of the request and suggests the following motion:
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 the
proposed density and housing type is within the recommendations of the General
Residential place type. I also find recommending APPROVAL of the rezoning request
is reasonable and in the public interest because the project provides additional housing
diversity to the area.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed density and housing type are in line with the recommendations of the General
Residential place type. I find recommending DENIAL of the rezoning request is
reasonable and in the public interest because the project’s housing type does not match
existing neighborhood development patterns in the area.
Planning Board - November 2, 2023
ITEM: 2 - 2 - 15
Planning Board - November 2, 2023
ITEM: 2 - 3 - 1
Planning Board - November 2, 2023
ITEM: 2 - 4 - 1
Planning Board - November 2, 2023
ITEM: 2 - 5 - 1
Initial Application
Documents & Materials
Planning Board - November 2, 2023
ITEM: 2 - 6 - 1
Page 1 of 7
Conditional Zoning District Application – Updated 06-2023
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
nhcgov.com/528/Planning-Land-Use
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
P.O. Box 7221
Wilmington, NC 28406
910-620-2374
cwolf@lobodemar.biz
Cape Fear Habitat for Humanity, Inc.
3310 Fredrickson Road
Wilmington, NC 28401
910-7624744 x116 (Contact: Wendi Clawson)
wendi@capefearhabitat.org
Planning Board - November 2, 2023
ITEM: 2 - 7 - 1
Page 2 of 7
Conditional Zoning District Application – Updated 06-2023
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:
Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if
applicable)
Please list all of the specific 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.
See Attached List See Attached List
R-20 & (CZD) R-10 General Residential
(CZD) R-10
7.95 ac.
7.95 ac.
N/A24 Residential Units / 3.02 units/ac
Planning Board - November 2, 2023
ITEM: 2 - 7 - 2
Page 3 of 7
Conditional Zoning District Application – Updated 06-2023
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.
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.
Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure
that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If
numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted
generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended
Planning Board agenda.
ITE Land Use(s):
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
Single-family Homes
24 dwelling units
18 24
REFERENCE SITE PLAN FOR LAYOUT, PROPOSED IMPROVEMENTS AND DETAILS.
Planning Board - November 2, 2023
ITEM: 2 - 7 - 3
Page 4 of 7
Conditional Zoning District Application – Updated 06-2023
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.
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.
Planning Board - November 2, 2023
ITEM: 2 - 7 - 4
Page 5 of 7
Conditional Zoning District Application – Updated 06-2023
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 - November 2, 2023
ITEM: 2 - 7 - 5
Page 6 of 7
Conditional Zoning District Application – Updated 06-2023
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 (all property owners must sign signatory
page)
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 Information Meeting Report (complete and signed by agent or all property
owners)
Traffic Impact Analysis if applicable (use of attached report document is recommended)
• 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 [Note: If elements beyond the
minimum requirements are shown on the concept plan they may be considered conditions of
approval if not eligible for approval as minor deviations]:
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
CAW
CAW
CAW
N/A
CAW
CAW
Planning Board - November 2, 2023
ITEM: 2 - 7 - 6
Planning Board - November 2, 2023
ITEM: 2 - 7 - 7
Planning Board - November 2, 2023
ITEM: 2 - 7 - 8
Planning Board - November 2, 2023
ITEM: 2 - 7 - 9
Legal DescripƟon for
CondiƟonal Zoning District to
Add Lands to Legacy Landing
Beginning at a point in the eastern boundary of Reminesce Road (SR 2754), a 50’ public right-of-
way; said point being located southwardly 582.40 feet from its intersecƟon with the southern
boundary of Rockhill Road (SR 1331), a 60’ public right-of-way; and running thence:
South 83012’00” East, 130.00 feet to a point; thence
North 06048’00” East, 177.60 feet to a point; thence
South 83031’59” East, 115.74 feet to a point; thence
South 83034’20” East, 266.02 feet to a point; thence
North 05037’25” East, 405.76 feet to a point in the southern boundary of Rockhill Road;
thence with that right-of-way,
South 83034’20” East, 217.70 feet to a point; thence
South 05037’25” West, 100.00 feet to a point; thence
South 84022’35” East, 15.00 feet to a point; thence
South 05037’25” West, 670.61 feet to a point; thence
North 86000’45” West, 622.74 feet to a point; thence
North 06048’00” East, 163.61 feet to a point; thence
North 83012’00” West, 130.00 feet to a point in the eastern boundary of Reminesce Road;
thence with that right-of-way,
North 16048’00” East, 50.00 feet to the point and place of beginning, containing 7.95 acres,
more or less.
Planning Board - November 2, 2023
ITEM: 2 - 7 - 10
Page 1 of 2
Community Information Meeting Report – Approved 06-2022
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use
COMMUNITY INFORMATION MEETING REPORT
This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned
development, or intensive industry special use permit in order for the application to be deemed complete.
Address/Location Parcel Identification Number(s)
Meeting Date and Time
Format (Virtual, In-Person, Hybrid) Location if In-Person or Hybrid
Selection Criteria for Location
Meeting Summary
Issues and Concerns Discussed at Meeting
See Attached List See Attached List
Thursday, September 28, 6:00 p.m.
In Person Shelter #2 NHCo Northern Regional Park
Closest proximity of a County Park facility to the project location
Planning Board - November 2, 2023
ITEM: 2 - 7 - 11
Planning Board - November 2, 2023
ITEM: 2 - 7 - 12
Planning Board - November 2, 2023
ITEM: 2 - 7 - 13
Planning Board - November 2, 2023
ITEM: 2 - 7 - 14
Planning Board - November 2, 2023
ITEM: 2 - 7 - 15
Planning Board - November 2, 2023
ITEM: 2 - 7 - 16
ADJACENT PROPERTY OWNERS WITHIN A 500' PERIMETER OF
1605 - 1628 DORSEY LANE & 1728 ROCK HILL ROAD:
SUBJECT PARCEL OWNER
CAPE FEAR HABITAT FOR HUMANITY INC 3310 FREDRICKSON RD WILMINGTON NC 28401
ADJACENT PROPERTY OWNERS MAILING ADDRESS CITY / STATE / ZIP
3131 REMINISCE LTD PTRNP 2840 S COLLEGE RD #319 WILMINGTON NC 28412
ALKIRE NICHOLAS A 3205 REMINISCE RD CASTLE HAYNE NC 28429
ALLEN ANGELA R 3208 ERVINS PLACE DR CASTLE HAYNE NC 28429
ALLEN MARK K JR LAURA M 605 GRAVEL LN CASTLE HAYNE NC 28429
ANSON MARY K 3220 ERVINS PLACE DR CASTLE HAYNE NC 28429
BALLARD GREGORY 3127 REMINISCE RD CASTLE HAYNE NC 28429
BEJAR ARIAS OSCAR A ETAL 3132 MEMORY LN CASTLE HAYNE NC 28429
BELANGIA SCOTT K 3115 MEMORY LN CASTLE HAYNE NC 28429
BEVERIDGE LAURA A 401 GOOSE POND CT CASTLE HAYNE NC 28429
BLOODWORTH GEORGE E JR 3119 REMINISCE RD CASTLE HAYNE NC 28429
BLYTHE MARK ETAL 2119 THE PLZ CHARLOTTE NC 28205
BOYNTON TONIECE C 7308 STONE WOOD CT WILMINGTON NC 28411
BROWN SYNESE YVETTE 3213 REMINISCE RD CASTLE HAYNE NC 28429
BURGESS VINCENT L BENAYE R 3209 REMINISCE RD CASTLE HAYNE NC 28429
BYRD WILLIE R JR 1611 ROCKHILL RD CASTLE HAYNE NC 28429
CASTILLO WILFREDO APONTE 3128 MEMORY LN CASTLE HAYNE NC 28429
CHOCTAW AMERICAN INS INC 10900 NE 4TH ST STE 2300 BELLEVUE WA 98004
CIANFARRA CYPRESS ETAL 3124 REMINISCE RD CASTLE HAYNE NC 28429
COATES WESLEY R 406 SILO CT CASTLE HAYNE NC 28429
CRUZ LELIN OMAR GIRON 3202 REMINISCE RD CASTLE HAYNE NC 28429
CULBRETH GENE V SR LINDA F 4009 CHANDLER DR WILMINGTON NC 28405
DANIEL MAURICE 3123 REMINISCE RD CASTLE HAYNE NC 28429
DANIELS HELEN D JINWRIGHT 3135 REMINISCE RD CASTLE HAYNE NC 28429
DORSEY HARRY KATHLEEN L 1815 ROCK HILL RD CASTLE HAYNE NC 28429
FAIRFULL ANDREW GORDON 409 SILO CT CASTLE HAYNE NC 28429
FULLARD KIMBERLY GABRIEL 605 GRANITE LN CASTLE HAYNE NC 28429
GALINDO ACOSTA RAMON VERONICA 3120 ERVINS PLACE DR CASTLE HAYNE NC 28429
GARCIA JASMINE L 3207 REMINISCE RD CASTLE HAYNE NC 28429
GARCIA MIRNA REYES 1712 ROCKHILL RD CASTLE HAYNE NC 28429
GARRETT WILLARD MARCELLA L 1814 ROCKHILL RD CASTLE HAYNE NC 28429
GAUSE CYNTHIA ANN 3203 REMINISCE RD CASTLE HAYNE NC 28429
GLEN AT RIVENDELL COM ASSOC INC PO BOX 12051 WILMINGTON NC 28405
HALL SIXTA T 6210 COATBRIDGE LN CHARLOTTE NC 28212
HANSLEY TERRELL JUANITA 3105 SUN BEAM CT CASTLE HAYNE NC 28429
HELLER JOSEPH MELANIE GRIFFITH 414 SILO CT CASTLE HAYNE NC 28429
HERNANDEZ JOSE RAMIREZ 3116 ERVINS PLACE DR CASTLE HAYNE NC 28429
HERNANDEZ LARA DARWIN 5120 CAROLINA BCH RD #25 WILMINGTON NC 28412
HEWETT JENNENE S ETAL 3224 ERVINS PLACE DR CASTLE HAYNE NC 28429
HILL MICHAEL A ETAL 1701 ROCK HILL RD CASTLE HAYNE NC 28429
HURLEY DAN 3212 RUBY LN CASTLE HAYNE NC 28429
JACOBS CHINITA M 1905 ROCK HILL RD CASTLE HAYNE NC 28429
Planning Board - November 2, 2023
ITEM: 2 - 7 - 17
JEWELL PATRICK DIANA 209 FAYETTEVILLE AVE CAROLINA BEACH NC 28428
JONES JERRY LEE JR ERIN H 413 GOOSE POND CT CASTLE HAYNE NC 28429
KADYLAK JEREMY M 3136 MEMORY LN CASTLE HAYNE NC 28429
KG PLAZA LLC 8620 RIVER RD WILMINGTON NC 28412
KING JAMES H JR CHRISTINE M 3201 REMINISCE RD CASTLE HAYNE NC 28429
KIRBY BRANDON S RAKIA M B 48 COTTAGE WAY PITTSBORO NC 27312
LEGAGNEUR PASCAL VANDA 1227 FAIRBANKS AVE BAY SHORE NY 11706
LEWIS JAMES THOMAS JR ETAL 3116 REMINISCE RD CASTLE HAYNE NC 28429
LOUGHMILLER EMILY KATHARINE PO BOX 7696 WILMINGTON NC 28406
LUTZ ERIC J 3119 MEMORY LN CASTLE HAYNE NC 28429
MANDOLA DOLORES A 3112 REMINISCE RD CASTLE HAYNE NC 28429
MARTIN JACQUELYN C ETAL 3139 MEMORY LN CASTLE HAYNE NC 28429
MONTALBAN HOLLYANN E VICTOR 4300 PEACHTREE AVE #12 WILMINGTON NC 28403
MORRIS JOHN G JR 604 GRAVEL LN CASTLE HAYNE NC 28429
MURRILL LUCILLE W 2400 ROCK HILL RD CASTLE HAYNE NC 28429
NADAUD GERMAIN 2217 MASONS POINT PL WILMINGTON NC 28405
ODONNELL MICHAEL 3120 REMINISCE RD CASTLE HAYNE NC 28429
PERKINS JACKQUELINE ELAINE HEIRS 3140 REMINISCE RD CASTLE HAYNE NC 28429
PROVENCHER PAMELA R 3128 REMINISCE RD CASTLE HAYNE NC 28429
RILEY JENNIFER D 3136 REMINISCE RD CASTLE HAYNE NC 28429
ROBISON TRAVIS D KELLY E 1716 ROCKHILL RD CASTLE HAYNE NC 28429
ROMERO JUAN TORRIE SCHAUER 3228 ERVINS PLACE DR CASTLE HAYNE NC 28429
ROQUE RAMIRO E 6912 AIDA CT WILMINGTON NC 28411
SERRANO JOSE C S ETAL 3224 N COLLEGE RD WILMINGTON NC 28405
SHUTT RONALD GERTRUD ETAL 405 GOOSE POND CT CASTLE HAYNE NC 28429
SMITH JEROME JR NATALIE J TRUSTEES 1165 NEWCASTLE CT OCEANSIDE CA 92056
SOTO GERAL R JOSELYN SANTIAGO 3131 MEMORY LN CASTLE HAYNE NC 28429
STACK ALEXANDER J 3123 MEMORY LN CASTLE HAYNE NC 28429
STEPHENS CHARISSE N ETAL 606 GRANITE LN CASTLE HAYNE NC 28429
SYKES VERA W TRUST 3206 RUBY LN CASTLE HAYNE NC 28429
TAYLOR LEON J JOEANN 3212 ERVINS PLACE DR CASTLE HAYNE NC 28429
TAYLOR LEON JEFFERSON 1 MISTY LN CASTLE HAYNE NC 28429
TEACHEY MARY KATHERINE 405 SILO CT CASTLE HAYNE NC 28429
TIPTON LOU A TRUSTEE 101 NAVAHO TRL WILMINGTON NC 28409
TRINITY TABERNACLE 1423 ELMA ST SPRING LAKE NC 28390
WHITTED CARL L HEIRS 45101 BARTLETT DR NOVI MI 48377
WHITTED CELESTINE 1725 ROCK HILL RD CASTLE HAYNE NC 28429
WHITTED LOUIS THOMAS HRS 1632 MEETING HOUSE LN VIRGINIA BEACH VA 23455
WILLIAMS GLORIA DEAN 402 SILO CT CASTLE HAYNE NC 28429
WILLIAMS LINDA RUTH ETAL 3211 REMINISCE RD CASTLE HAYNE NC 28429
WILLIAMS MELLONICE 3139 REMINISCE RD CASTLE HAYNE NC 28429
Planning Board - November 2, 2023
ITEM: 2 - 7 - 18
September 13, 2023
To: Adjacent Property Owners Re: 1728 Rock Hill Road / Community Info Meeting Notice
Cape Fear Habitat for Humanity, owner of the referenced tract, seeks to continue development of their Legacy
Landing community. Phase 1 road improvements and homes are near completion. The proposed plan is to
extend Dorsey Lane through to an intersection with Rock Hill Road, and to construct an additional fourteen
(14) homes. A rezoning from the existing R-20 district to R-10 is necessary. The rezoning petition will be for a
Conditional District, and requiring approval from the New Hanover County Commissioners.
A Conditional Zoning District allows particular uses to be established only in accordance with specific
standards & conditions pertaining to each individual development project. Essentially, this means that only
the use, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed.
The County requires that the developer hold a meeting for all property owners within 500 feet of the tract
boundary, and any other interested parties. This tract of land is within that proximity of your property. This
provides neighbors with an opportunity for explanation of the proposal and for questions to be answered
concerning project improvements, benefits and impacts.
A meeting will be held on Thursday, September 28th, 6:00 p.m., at Shelter #2 of the Northern Regional Park,
4700 Old Avenue, Castle Hayne, 6:00 p.m. The location is left from Old Avenue, towards the tennis courts.
If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910-620-2374, or
email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and
look forward to being a good neighbor and an asset to the community.
Planning Board - November 2, 2023
ITEM: 2 - 7 - 19
Planning Board - November 2, 2023
ITEM: 2 - 7 - 20
Planning Board - November 2, 2023
ITEM: 2 - 7 - 21
Southern Environmental Group, Inc.
5315 South College Road, Suite E ∙ Wilmington, North Carolina 28412
910.452.2711 · Fax: 910.452.2899 · office@segi.us · www.segi.us
October 24, 2023
Cape Fear Habitat for Humanity
Wendi Clawson
3310 Fredrickson Road
Wilmington, NC 28401
Wendi@capefearhabitat.org
RE: Cursory Environmental Evaluation
1728 Rock Hill Road, Castle Hayne, New Hanover Co., North Carolina
To whom it may concern,
This correspondence is in reference to a parcel of land, totaling 2.78-acres, located at 1728 Rock Hill Road, with
the parcel ID R02500-003-097-000, in Castle Hayne, New Hanover County, North Carolina.
Our firm was contacted to determine if there were any wetlands or waters of the U.S. present within the boundaries
of the parcel. After a thorough review of local soils and USGS topographic data, our firm conducted an on-site
evaluation of the property on October 13th, 2023, to determine the extent of wetlands or waters of the U.S.,
utilizing wetland criteria outlined in the United States Army Corps of Engineers (USACE) 1987 Corps of
Engineers Wetlands Delineation Manual (TR-Y-87-l) and the Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (TR-10-20). After a complete inspection of
the subject parcels, it is our firm’s opinion that there were no wetlands present within the boundaries of the site.
However, we strongly suggest getting final concurrence from the USACE.
If you need anything else, or have any questions, please feel free to contact us at (910) 515-8008.
Sincerely,
Noah Dean
Wetlands Biologist
Planning Board - November 2, 2023
ITEM: 2 - 7 - 22
Concept Plan
Planning Board - November 2, 2023
ITEM: 2 - 8 - 1
Planning Board - November 2, 2023
ITEM: 2 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - November 2, 2023
ITEM: 2 - 10 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/2/2023
Regular
DEPARTMENT: Planning PRESENTER(S): Amy Doss, Development Review Planner
CONTACT(S): Amy Doss, Development Review Planner; Robert Farrell, Development Review Supervisor;
Rebekah Roth, Planning & Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z23-20) – Request by Cindee Wolf with Design Solu8ons, applicant, to rezone approximately
2.20 acres zoned (CZD) O&I, Office & Ins8tu8onal located at 2117 Castle Hayne Road to (CZD) B-2, Regional
Business for a maximum 18,000 square foot flex commercial business space with limited uses.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 2.20 acres from (CZD) O&I, Office & Ins0tu0onal located at 2117
Castle Hayne Road to (CZD) B-2, Regional Business for a maximum 18,000 square foot flex commercial business space
with limited uses.
The applicant is proposing to construct three 6,000 SF one-story buildings for commercial flex space. The applicant has
included a condi0on restric0ng the maximum height of the buildings to 25 feet. The concept plan also includes two
outdoor storage areas, u0lity courtyards, parking, and stormwater management.
The applicant has also included a condi0on limi0ng the allowed uses to indoor recrea0on establishment (shoo0ng
ranges prohibited), animal grooming / veterinary office (kennel and daycare prohibited), business service center,
contractor office, offices for private business and professional ac0vi0es, personal services (general with ta<oo parlors
prohibited), instruc0onal services and studios, and general retail sales.
The subject parcel was originally zoned R-20 when area zoning was established in 1974. In 2006 the property was
rezoned to R-15 as part of the Hanover Lakes residen0al community. While R-20 and R-15 are the primary zoning
districts in the general vicinity, the Castle Hayne corridor has seen an increasing shiA toward more commercial districts
and uses. In 2016 the site was rezoned to (CZD) O&I in order to develop a commercial office building to provide
services benefiCng residents in the Castle Hayne Road corridor.
The purpose of the O&I district is to provide lands that accommodate ins0tu0onal, professional office, and other
compa0ble uses. The O&I district is typically located in areas with more intense uses and higher density development
pa<erns to support economic clusters in appropriate loca0ons.
While zoned (CZD) O&I the property has not been developed under the condi0onal zoning district and is currently
vacant. As currently zoned the site would be permi<ed to develop one 12,970 SF office building not to exceed 20’ in
height, 44 parking spaces, and a stormwater management pond located to the rear of the property. Under the current
zoning poten0al uses include: antenna and towers less than 70’, barber/beauty shop, child care center, offices for
private business and professional ac0vi0es, principal use sign, and small and large recycle facili0es.
Planning Board - November 2, 2023
ITEM: 3
A condi0on of the exis0ng (CZD) O&I zoning district limits the maximum allowed AM and PM peak hour trips to less
than 100 in the AM and PM. The proposed (CZD) B-2 rezoning proposes to retain the exis0ng condi0on. Any use or
combina0on of uses on the site would be limited to below 100 AM and 100 PM peak hour trips.
The proposed project is located along a minor arterial road that is currently over capacity. The Castle Hayne
Road widening project would theore0cally decrease conges0on in the area however it is unfunded at this 0me. Several
other projects are currently under review or development in the vicinity; and while their traffic impact analyses did not
take this proposal into account, all were developed to take into account general traffic growth in the area. The original
rezoning condi0on limits trips to under 100 peak hour trips with the inten0on of promo0ng less intensive commercial
projects along the corridor. The condi0on remains and is included. While a TIA would not be required for development
of the site as it exists and is proposed, the site must be reviewed and approved through the NCDOT driveway permit
process.
The traffic genera0on for the site is condi0oned to remain under the 100 peak hour threshold that triggers the
ordinance requirement for a Traffic Impact Analysis (TIA).
The Comprehensive Plan designates this property as Community Mixed Use, a place type that focuses on small-scale,
compact, mixed use development pa<erns that serve all modes of travel and act as an a<ractor for county residents
and visitors. Types of appropriate uses include office, retail, mixed use, recrea0onal, commercial, ins0tu0onal, and
mul0-family and single-family residen0al.
The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed
use and intensity align with the exis0ng development pa<erns along the commercial corridor, serving nearby residents
and suppor0ng the recommenda0ons of the Community Mixed Use place type.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff’s recommenda0on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera0ons, and
technical review. The proposed site plan and restricted uses are supported by the recommended Community Mixed
Use place type in the County’s 2016 Comprehensive Plan. The scale of the proposed development is greater in square
footage than currently permi<ed in the (CZD) O&I district, however the proposed height and smaller buildings provide
a be<er transi0on from the bust commercial corridor to the adjacent residen0al districts. Addi0onal considera0on as
to hours of opera0on and ligh0ng is recommended to lessen the impacts to exis0ng adjacent residences.
As a result, Staff recommends approval of the proposal and suggests the following mo8on:
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 the proposed scale and density will provide an adequate transi0on from a
commercial corridor to residen0al districts. I also find recommending APPROVAL of the rezoning request is
reasonable and in the public interest because the proposed concept plan is arguably less intense and more in line with
current development pa<erns than the current district of (CZD) O&I, with the following condi0ons:
Exis8ng condi8ons to remain in effect:
1. No more than a total of 100 peak hour trips can be generated from the use or combina0on of uses located within
the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify
compliance with the zoning district standards.
Planning Board - November 2, 2023
ITEM: 3
2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the
Cer0ficate of Occupancy.
3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a
solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs
supported by poles and any flashing, digital signs shall be prohibited.
4. Exis0ng vegeta0on must remain within the bufferyards and be supplemented as necessary to provide the 100%
visual opacity requirement.
Addi8onal applicant proposed condi8ons:
1. Building height restricted to 25’.
2. A bicycle and pedestrian easement will be located along Castle Hayne Road as shown on the concept plan.
3. Permi<ed Uses shall be limited to:
a) Indoor Recrea0on Establishment (Shoo0ng Ranges prohibited)
b) Animal Grooming / Veterinary (Kennel or Daycare prohibited)
c) Business Service Center
d) Contractor Office
e) Offices for Private Business & Professional Ac0vi0es
f) Personal Services, General (Ta<oo Parlors prohibited)
g) Instruc0onal Services & Studios
h) Retail Sales, General
Alterna8ve Mo8on for DENIAL (if based on informa0on presented at the public hearing or other considera0on
beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the proposed uses are in line with the recommenda0ons of the Community
Mixed Use place type and the proposed development is in line with the intensity of development in the area, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because of the project’s
poten0al impact on adjacent residen0al uses from the intensity of the proposed uses.
ATTACHMENTS:
Descrip0on
Z23-20 PB Script
Z23-20 PB Staff Report
Z23-20 Zoning Map
Z23-20 Future Land Use Map
Z23-20 Mailout Map
Z23-20 Application Cover Sheet
Z23-20 Application Materials
Z23-20 Concept Plan Cover Sheet
Z23-20 Concept Plan
Z23-20 Public Comment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 2, 2023
ITEM: 3
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z23-20)
Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 2.20 acres zoned
(CZD) O&I, Office & Institutional located at 2117 Castle Hayne Road to (CZD) B-2, Regional Business
for a maximum 18,000 square foot flex commercial business space with limited uses.
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 and supporters’ presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s and supporters’ 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 a motion and 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. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because the proposed scale and density
will provide an adequate transition from a commercial corridor to residential districts. I also
find recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the proposed concept plan is arguably less intense and more in line with current
development patterns than the current district of (CZD) O&I, with the following conditions:
Existing Conditions to remain in effect:
1. No more than a total of 100 peak hour trips can be generated from the use or combination of
uses located within the zoning district. Change of use proposals must be reviewed and
approved by the County in order to verify compliance with the zoning district standards.
2. The development shall comply with all provisions of an approved NCDOT driveway permit
prior to issuance of the Certificate of Occupancy.
3. Freestanding signage shall be limited to monument signs, in that the sign must have a support
structure that is a solid-appearing base constructed of a permanent material, such as concrete
block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be
prohibited.
Planning Board - November 2, 2023
ITEM: 3 - 1 - 1
4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to
provide the 100% visual opacity requirement.
Additional applicant proposed conditions:
1. Building height restricted to 25’.
2. Outdoor storage areas to be enclosed with a minimum 8’ opaque fence.
3. 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(ies),
neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet.
4. A bicycle and pedestrian easement will be located along Castle Hayne Road as shown on the
concept plan.
5. Permitted Uses shall be limited to:
a) Indoor Recreation Establishment (Shooting Ranges prohibited)
b) Animal Grooming / Veterinary (Kennel or Daycare prohibited)
c) Business Service Center
d) Contractor Office
e) Offices for Private Business & Professional Activities
f) Personal Services, General (Tattoo Parlors prohibited)
g) Instructional Services & Studios
h) Retail Sales, General
Alternative Motion for Denial
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed uses are in line
with the recommendations of the Community Mixed Use place type and the proposed
development is in line with the intensity of development in the area, I find recommending
DENIAL of the rezoning request is reasonable and in the public interest because of the project’s
potential impact on adjacent residential uses from the intensity of the proposed uses.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) B-2 district.
I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan
because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in
the public interest because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
Planning Board - November 2, 2023
ITEM: 3 - 1 - 2
Z23-20 Staff Report PB 11.2.2023 Page 1 of 15
STAFF REPORT FOR Z23-20
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z23-20
Request:
Rezoning to a Conditional B-2 district
Applicant: Property Owner(s):
Cindee Wolf, Design Solutions Hanover Lakes, L.L.C.
Location: Acreage:
2117 Castle Hayne Rd 2.20
PID(s): Comp Plan Place Type:
R04100-001-146-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped
Flex Space, max 18,000 SF with uses limited
to: indoor recreation establishment (shooting
ranges prohibited), animal grooming/
veterinary (kennel or daycare prohibited),
business service center, contractor office,
offices for private business & professional
activities, personal services, general (tattoo
parlors prohibited), instructional services &
studios, retail sales, general
Current Zoning: Proposed Zoning:
(CZD) O&I (CZD) B-2
SURROUNDING AREA
LAND USE ZONING
North Detached Single Family Residential R-20
Planning Board - November 2, 2023
ITEM: 3 - 2 - 1
Z23-20 Staff Report PB 11.2.2023 Page 2 of 15
East Detached Single Family Residential and a
Commercial Auto Repair Shop AR
South Detached Single Family Residential R-15
West Detached Single Family Residential R-15
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
December 4, 2006 Rezoned to R-15 for the Hanover Lakes residential development.
May 4, 2016 Rezoned to (CZD) O&I with the intent to develop a commercial office
building.
COMMUNITY SERVICES
Water/Sewer Public water and sewer services are available through CFPUA.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Wrightsboro Station
Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High
Schools
Recreation Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - November 2, 2023
ITEM: 3 - 2 - 2
Z23-20 Staff Report PB 11.2.2023 Page 3 of 15
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Includes Staff Markups
• The applicant is proposing to construct three, 6,000 SF one-story buildings for commercial
flex space. The applicant has included a condition restricting the maximum height of the
buildings to 25 feet.
• Located toward the southern edge of the property are two fenced outdoor storage areas,
opening to the utility courtyards. The garage doors will open toward the utility courtyards.
• A landscaping contractor is currently anticipated to occupy the structure closest to Castle
Hayne Road. Storefronts are facing north, where customer parking is located.
• Under the proposed CZD B-2 zoning district, a condition has been offered limiting the
allowed uses to the following: indoor recreation establishment (shooting ranges prohibited),
animal grooming/veterinary office (kennel and daycare prohibited), business service center,
contractor office, offices for private business and professional activities, personal services
(general with tattoo parlors prohibited), instructional services and studios, and general retail
R-20 Single Family
Residential
R-15 Single Family
Residential
Proposed Bike/Ped
Access Easement
Planning Board - November 2, 2023
ITEM: 3 - 2 - 3
Z23-20 Staff Report PB 11.2.2023 Page 4 of 15
sales. These uses are intended to serve nearby residents and vehicular traffic along the
Castle Hayne Road corridor and are common along minor arterial roadways.
• The applicant’s proposed conceptual plan includes a combined vegetative and fenced
bufferyard to the south along the adjacent residential neighborhood Hanover Lakes, and a
vegetative bufferyard to the west and north along residentially zoned parcels and as
required by the UDO Table 5.4.3.B.2.
ZONING CONSIDERATIONS
• While the area is primarily a mix of lower density residential districts such as R-15, the
Castle Hayne corridor has seen an increasing shift toward more commercial districts and
uses, a trend that is expected to continue.
• The area directly south of the Hanover Lakes Subdivision is zoned B-1 and B-2, and
approximately 1,500 north of the site are parcels zoned O&I, CB, and B-2. And while zoned
AR, the parcel directly across Castle Hayne Road is currently used as an Auto Repair Shop.
• In December 2006, the site was first rezoned from R-20 to R-15 as part of the Hanover
Lakes residential development.
• The subject parcel of 2.20 acres was not included in the preliminary plat approval to
develop the Hanover Lakes residential subdivision.
• On May 4, 2016 the site was rezoned to (CZD) O&I (case Z-953) in order to develop a
commercial office building. The rezoning was requested by the developer of the adjacent
Hanover Lakes Subdivision with the intent to provide neighborhood related services that
benefit the surrounding residents along the Castle Hayne Road corridor. Under the 2006
CAMA Land Use Plan in effect at the time, the property was classified as Transition and
determined to be suitable for intensive urban development.
Z-953, original site plan
Parking
Wetlands
Planning Board - November 2, 2023
ITEM: 3 - 2 - 4
Z23-20 Staff Report PB 11.2.2023 Page 5 of 15
• The approved site plan consists of one 12,970 SF office building not to exceed 20’ in height,
44 parking spaces, and a stormwater management pond located to the rear of the
property. The buffer yard required at the time, and as shown on the approved plan, is
27.5’ from the residentially zoned properties to the south.
• Under the existing conditional O&I district possible uses include: antenna and towers less
than 70’, barber/beauty shop, child care center, offices for private business and
professional activities, principal use sign, and small and large recycle facilities.
• Four conditions were included as part of the original rezoning approval and are currently
in effect for the property. All four conditions from rezoning case Z-953 will remain in effect.
The applicant for the rezoning under consideration has included the existing conditions as
part of their rezoning request.
1. No more than a total of 100 peak hour trips can be generated from the use or
combination of uses located within the zoning district. Change of use proposals must
be reviewed and approved by the County in order to verify compliance with the
zoning district standards.
2. The development shall comply with all provisions of an approved NCDOT driveway
permit prior to issuance of the Certificate of Occupancy.
3. Freestanding signage shall be limited to monument signs, in that the sign must have
a support structure that is a solid-appearing base constructed of a permanent
material, such as concrete block or brick. Freestanding signs supported by poles and
any flashing, digital signs shall be prohibited.
4. Existing vegetation must remain within the bufferyards and be supplemented as
necessary to provide the 100% visual opacity requirement.
• If the rezoning request to (CZD) B-2 is approved, the parcel would be subject to the B-2
side and rear setbacks from residential properties. The current O&I district requires a 55’
side setback and a 74.6’ rear setback to the adjacent residential properties based on the
proposed 20’ building height.
• The UDO prescribes a Type A: Opaque Buffer between B-2 districts and adjacent
residential uses.
• The UDO contains controls on exterior lighting on the site, and the maximum illumination
levels at the common property line with the residential properties to the west shall not
exceed 0.5-foot candles. The UDO does not prescribe limitations on the height, wattage,
bulb-type, or fixture type, and these can be further limited with a conditional zoning request
if mutually agreed upon by the applicant.
• If approved, the project would be subject to the 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 - November 2, 2023
ITEM: 3 - 2 - 5
Z23-20 Staff Report PB 11.2.2023 Page 6 of 15
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - November 2, 2023
ITEM: 3 - 2 - 6
Z23-20 Staff Report PB 11.2.2023 Page 7 of 15
TRANSPORTATION
Planning Board - November 2, 2023
ITEM: 3 - 2 - 7
Z23-20 Staff Report PB 11.2.2023 Page 8 of 15
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow
a maximum building of 12,970 SF office space.
PROPOSED ACCESS
Primary Access Castle Hayne Road via a full access driveway.
Secondary Access N/A
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Castle Hayne Road
Type of Roadway NCDOT minor arterial
Roadway Planning Capacity (AADT) 15,459
Latest Traffic Volume (AADT) 16,000 (2021 NCDOT AADT)
Latest WMPO Point-in-Time County (DT) 20,123
Current Level of Congestion Above planning capacity
NEARBY NCDOT STIP ROADAWAY PROJECTS
U-5863 – Castle Hayne Road Widening
(Unfunded at this time, post-2029
Completion)
- 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, with construction
beginning after 2029.
- The roadway project is currently proposed as a
divided facility with a median, but this has not
been finalized. If the finalized project has a
median, the site access will be right-in/right-out
only.
U-5954 – 23rd Street Roundabout
(Scheduled for 2027)
- Construct a round-a-bout at the 23rd Street and
Castle Hayne Road intersection
TRAFFIC GENERATION
Traffic
Generated by
Present
Designation
Traffic Generated
by Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 99 99 0
PM Peak Hour Trips 99 99 0
TRAFFIC IMPACT ANALYSIS (TIA)
The estimated traffic generated from the site is required to be under the 100 peak hour threshold
that triggers the ordinance requirement for a Traffic Impact Analysis (TIA), per the current condition
that is to remain.
Planning Board - November 2, 2023
ITEM: 3 - 2 - 8
Z23-20 Staff Report PB 11.2.2023 Page 9 of 15
SUMMARY
The proposed project is located along a minor arterial road that is currently above capacity. The
Castle Hayne Road widening project would theoretically decrease congestion in the area however it
is unfunded at this time. Several other projects are currently under review or development in the
vicinity; and while their traffic impact analyses did not take this proposal into account, all were
developed to take into account general traffic growth in the area. The original rezoning condition
limits trips to under 100 peak hour trips with the intention of promoting less intensive commercial
projects along the corridor. The condition remains and is included. While a TIA would not be required
for development of the site as it exists and is proposed, the site must be reviewed and approved
through the NCDOT driveway permit process.
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or Special Flood Hazard Area.
• The remainder of the property is within the Shaded Zone X (0.2% annual flood risk) Special
Flood Hazard Area. This is considered an area of moderate to low risk and is not subject to
floodplain development requirements or density restrictions for new development.
• The property is within the Ness Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (Moderate Limitation) and Class III (Severe Limitation) soils.
However, the site is expected to be served by CFPUA when developed.
OTHER CONSIDERATIONS
New Hanover County Strategic Plan
On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-
2028. This plan focuses on three core areas: workforce and economic development, community
safety and well-being, and sustainable land use and environmental stewardship.
Strategic Plan Outcomes Relevant to
Proposal Analysis
Through planned growth and development,
residents have access to their basic needs.
The strategic objective to achieve this desired
outcome includes providing residents with space
to accommodate small businesses that support
the local economy. The proposed CZD B-2
rezoning will allow businesses that support the
surrounding community to locate in a
transitional area along a major roadway
corridor and in close proximity to a number of
households.
Planning Board - November 2, 2023
ITEM: 3 - 2 - 9
Z23-20 Staff Report PB 11.2.2023 Page 10 of 15
A business-friendly environment that promotes
growth, agility, and collaboration.
The plan aims to prepare for the long-term
needs of businesses and to maintain new
business growth within 2.5% of the state. The
proposed commercial zoning district will enable
new businesses.
Representative Developments
Representative Developments of (CZD) O&I:
Health Care Facility
Planning Board - November 2, 2023
ITEM: 3 - 2 - 10
Z23-20 Staff Report PB 11.2.2023 Page 11 of 15
Representative Developments of (CZD) B-2:
Boat and Vehicle Sales – Market Street
Murrayville Station Business Park – Exchange Drive
Planning Board - November 2, 2023
ITEM: 3 - 2 - 11
Z23-20 Staff Report PB 11.2.2023 Page 12 of 15
Context and Compatibility
• The property is located on Castle Hayne Road just south of Wrightsboro and north of the
interchange with Martin Luther King Jr. Parkway.
• The Castle Hayne Road corridor on which the parcel is located, is dotted with similar sized
parcels that have been rezoned to CB, B-1, B-2, and O&I districts in the nearby Wrightsboro
commercial node from the original R-20 zoning district. Therefore, the proposed use and
intensity aligns with the surrounding development pattern.
• Residential growth in the area coupled with an expanded transportation network to the
north (I-140) and south (Martin Luther King Jr. Pkwy) have increased demand for commercial
services along Castle Hayne Road. A future NCDOT project to widen Castle Hayne Road
to alleviate congestion and prepare for expected future growth has been included in the
STIP but is currently unfunded.
• The applicant’s concept plan includes design features which take into consideration the
adjacent residential community of Hanover Lakes by positioning the drive aisle and parking
away from neighboring residents. This, along with the proposed and required buffer and
fencing provide a similar or improved aesthetic to the existing business uses along Castle
Hayne Road.
• Due to the site’s proximity to adjacent single-family residential to the south, the design of
lighting associated with the business use may need additional consideration to ensure
compatibility.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Planning Board - November 2, 2023
ITEM: 3 - 2 - 12
Z23-20 Staff Report PB 11.2.2023 Page 13 of 15
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Analysis
The proposed development is located along the Castle Haye Road corridor
between the interchange with Martin Luther King Parkway and
Wrightsboro.
Expansion of Castle Hayne Road is a proposed project being considered
by NCDOT along with plans for a bicycle lane to accommodate the growing
commercial corridor connecting Wilmington to Castle Hayne. Surrounded on
three sides by residential districts, the parcel is in close proximity to the
population the businesses will employ and serve. Locating commercial use
along the roadway provides an appropriate density transition to the
adjacent residential districts.
A goal of the Community Mixed Use place type is to promote small-scale
mixed use development patterns such as the proposed rezoning that provide
a transition from lower intensity commercial uses along a commuter corridor,
to more dense residential districts to the south and west. Conditions have
been provided which assure adjacent property owners a concept plan which
considers noise and traffic and a list of approved uses which will support
the surrounding community. The types of uses conditioned are in line with the
Comprehensive Plan place type suggested businesses and density.
Consistency
Recommendation
The proposed rezoning request is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed use and intensity align with the
existing development patterns along the commercial corridor, serving
nearby residents and supporting the recommendations of the Community
Mixed Use place type.
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. The proposed site plan and restricted uses are supported by
the recommended Community Mixed Use place type in the County’s 2016 Comprehensive Plan. The
scale of the proposed development is greater in square footage than currently permitted in the
(CZD) O&I district, however the proposed height and smaller buildings provide a better transition
from the bust commercial corridor to the adjacent residential districts. Additional consideration as
to hours of operation and lighting is recommended to lessen the impacts to existing adjacent
residences.
As a result, Staff recommends approval of the proposal and suggests the following motion:
Planning Board - November 2, 2023
ITEM: 3 - 2 - 13
Z23-20 Staff Report PB 11.2.2023 Page 14 of 15
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 the
proposed scale and density will provide an adequate transition from a commercial
corridor to residential districts. I also find recommending APPROVAL of the rezoning
request is reasonable and in the public interest because the proposed concept plan is
arguably less intense and more in line with current development patterns than the
current district of (CZD) O&I, with the following conditions:
Existing conditions to remain in effect:
1. No more than a total of 100 peak hour trips can be generated from the use or combination
of uses located within the zoning district. Change of use proposals must be reviewed and
approved by the County in order to verify compliance with the zoning district standards.
2. The development shall comply with all provisions of an approved NCDOT driveway permit
prior to issuance of the Certificate of Occupancy.
3. Freestanding signage shall be limited to monument signs, in that the sign must have a support
structure that is a solid-appearing base constructed of a permanent material, such as
concrete block or brick. Freestanding signs supported by poles and any flashing, digital
signs shall be prohibited.
4. Existing vegetation must remain within the bufferyards and be supplemented as necessary
to provide the 100% visual opacity requirement.
Additional applicant proposed conditions:
1. Building height restricted to 25’.
2. Outdoor storage areas to be enclosed with a minimum 8’ opaque fence.
3. 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(ies), neighboring areas or motorists. Light posts shall be no taller than
twelve (12) feet.
4. A bicycle and pedestrian easement will be located along Castle Hayne Road as shown on
the concept plan.
5. Permitted Uses shall be limited to:
a) Indoor Recreation Establishment (Shooting Ranges prohibited)
b) Animal Grooming / Veterinary (Kennel or Daycare prohibited)
c) Business Service Center
d) Contractor Office
e) Offices for Private Business & Professional Activities
f) Personal Services, General (Tattoo Parlors prohibited)
g) Instructional Services & Studios
h) Retail Sales, General
Planning Board - November 2, 2023
ITEM: 3 - 2 - 14
Z23-20 Staff Report PB 11.2.2023 Page 15 of 15
Alternative Motion for Denial
I move to recommend DENIAL of the proposed rezoning. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed uses are in line with the recommendations of the Community Mixed Use place
type and the proposed development is in line with the intensity of development in the
area, I find recommending DENIAL of the rezoning request is reasonable and in the
public interest because of the project’s potential impact on adjacent residential uses
from the intensity of the proposed uses.
Planning Board - November 2, 2023
ITEM: 3 - 2 - 15
Planning Board - November 2, 2023
ITEM: 3 - 3 - 1
Planning Board - November 2, 2023
ITEM: 3 - 4 - 1
Planning Board - November 2, 2023
ITEM: 3 - 5 - 1
Initial Application
Documents & Materials
Planning Board - November 2, 2023
ITEM: 3 - 6 - 1
Page 1 of 7
Conditional Zoning District Application – Updated 06-2023
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
nhcgov.com/528/Planning-Land-Use
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
P.O. Box 7221
Wilmington, NC 28406
910-620-2374
cwolf@lobodemar.biz
Hanover Lakes, L.L.C.
Greenville, NC 27858
252-355-5805
brianfleer@kw.com
(Brian Fleer - Agent for Contract Purchaser)
200 E Arlington Blvd, Suite A
Planning Board - November 2, 2023
ITEM: 3 - 7 - 1
Page 2 of 7
Conditional Zoning District Application – Updated 06-2023
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:
Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if
applicable)
Please list all of the specific 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.
2117 Castle Hayne Road 312914.44.8311 [R04100-001-146-000]
2.20 ac.(CZD) O&I / Vacant Community Mixed-Use
N/A 18,000 s.f. GFA - in 3 Bldgs
(CZD) B-2 2.20 ac.
Planning Board - November 2, 2023
ITEM: 3 - 7 - 2
Page 3 of 7
Conditional Zoning District Application – Updated 06-2023
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.
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.
Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure
that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If
numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted
generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended
Planning Board agenda.
ITE Land Use(s):
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
Business Park (770)
Calculated based on 18,000 s.f. GFA
25 23
Reference the attached "Concept Plan" for site layout, proposed improvements and details. Proposed uses will be limited to:
* Indoor Recreation Establishment (w/ Shooting Ranges prohibited)* Animal Grooming / Veterinary (w/ Kennel or Daycare prohibited)* Business Service Center* Contractor Office* Offices for Private Business & Professional Activities* Personal Services, General (w/ Tattoo Parlors prohibited* Instructional Services & Studios* Retail Sales, General
Additionally, the conditions of approval for the previous district will continue.
Planning Board - November 2, 2023
ITEM: 3 - 7 - 3
Page 4 of 7
Conditional Zoning District Application – Updated 06-2023
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.
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.
Planning Board - November 2, 2023
ITEM: 3 - 7 - 4
Page 5 of 7
Conditional Zoning District Application – Updated 06-2023
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 - November 2, 2023
ITEM: 3 - 7 - 5
Page 6 of 7
Conditional Zoning District Application – Updated 06-2023
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 (all property owners must sign signatory
page)
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 Information Meeting Report (complete and signed by agent or all property
owners)
Traffic Impact Analysis if applicable (use of attached report document is recommended)
• 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 [Note: If elements beyond the
minimum requirements are shown on the concept plan they may be considered conditions of
approval if not eligible for approval as minor deviations]:
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
CAW
N/A
CAW
CAW
CAW
CAW
Planning Board - November 2, 2023
ITEM: 3 - 7 - 6
Planning Board - November 2, 2023
ITEM: 3 - 7 - 7
Planning Board - November 2, 2023
ITEM: 3 - 7 - 8
Planning Board - November 2, 2023
ITEM: 3 - 7 - 9
Legal DescripƟon for
CondiƟonal District Rezoning of
2117 Castle Hayne Road
Beginning at a point in the western boundary of Castle Hayne Road (NC Hwy. 133), a 100’ public
right-of-way; said point being located North 77025’11” West, 20.21 feet from the northeastern
corner of “Hanover Lakes – Phase I,” a development recorded among the land records of the
New Hanover County Registry in Map Book 62, at Page 318; and running thence:
North 77025’11” West, 406.23 feet to a point; thence
North 13025’05” East, 234.24 feet to a point; thence
South 76034’55” East, 423.70 feet to a point in the western boundary of Castle Hayne Road;
thence with that right-of-way,
South 17048’11” West, 228.97 feet to the point and place of beginning, containing 2.20 acres,
more or less.
Planning Board - November 2, 2023
ITEM: 3 - 7 - 10
Page 1 of 2
Community Information Meeting Report – Approved 06-2022
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use
COMMUNITY INFORMATION MEETING REPORT
This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned
development, or intensive industry special use permit in order for the application to be deemed complete.
Address/Location Parcel Identification Number(s)
Meeting Date and Time
Format (Virtual, In-Person, Hybrid) Location if In-Person or Hybrid
Selection Criteria for Location
Meeting Summary
Issues and Concerns Discussed at Meeting
In-Person Shelter #2 - Northern Regional Park
Closest county Park to proposed development site.
312914.44.8311 [R04100-001-146-000] 2117 Castle Hayne Road
Monday, September 25, 2023 / 6:00 p.m.
Planning Board - November 2, 2023
ITEM: 3 - 7 - 11
Planning Board - November 2, 2023
ITEM: 3 - 7 - 12
Planning Board - November 2, 2023
ITEM: 3 - 7 - 13
Planning Board - November 2, 2023
ITEM: 3 - 7 - 14
From:Cathy Miller
To:cwolf@lobodemar.biz
Subject:2117 Castle Hayne Road
Date:Monday, September 25, 2023 12:53:26 PM
Dear Ms. Wolf,
We will not be able to attend the meeting this afternoon. Opon review of the information
recently mailed regarding this issue, our family has no objection to the new proposal for thesite located at 2117 Castle Hayne Road. Best of luck to your client in their new venture.
Best Regards,
Cathy Miller
(910) 617-2385 On behalf of the family of Jane Seitter
Sent from Yahoo Mail on Android
Planning Board - November 2, 2023
ITEM: 3 - 7 - 15
From:cwolf@lobodemar.biz
To:"Donna Balogh"
Subject:RE: Re-zoning on Castle Hayne Road
Date:Monday, September 25, 2023 1:49:00 PM
Ms. Balogh,
Thank you for your comments. This evening is just an informational meeting by the developer, and I am sure that
limitation on types of proposed uses will certainly be a topic of conversation.
The intent is to make formal submittal to the County on October 2nd. I will be happy to share the full narrative of
the proposal after submittal. That will include the conditioned uses.
After that, the next notice you would receive will be directly from the County, as to a public hearing by the Planning
Board. That is the venue to voice your opposition, or if we can address your concerns, support.
Regards,
Cindee
-----Original Message-----
From: Donna Balogh <donnab1958@comcast.net>
Sent: Monday, September 25, 2023 12:39 PM
To: cwolf@lobodemar.biz
Subject: Re-zoning on Castle Hayne Road
Good afternoon Cindee,
My husband and I are residents of Hanover Lakes and are not available to attend the Re-zoning meeting this
evening. That being said, and with very little information about the business that is being proposed on the site just
outside of our neighborhood, I would like to express our opposition to the re-zoning of the land on Castle Hayne
Road just to the north of Hanover Lakes. Until more information is provided to the residents of Hanover Lakes as to
the type of business proposed, we vote no to the re-zoning.
Thank you,
Donna Balogh
Planning Board - November 2, 2023
ITEM: 3 - 7 - 16
September 28, 2023
Backyard Specialists, Inc.
2200 Teresa Drive
Castle Hayne, NC 28429
Attention: Mr. Gene Robbins
Subject: Terrain Environmental Consulting Project 23-032-WS
Jurisdictional Delineation
2117 Castle Hayne Road
Wilmington, NC
Dear Mr. Robbins:
Thank you for the opportunity to provide you with jurisdictional delineation services at
the above referenced project site. These services have been performed in general
accordance with the email scope of services dated June 28, 2023. The results of the
jurisdictional delineation are presented below.
PROJECT BACKGROUND INFORMATION
It is our understanding that you requested the jurisdictional delineation to help identify
potential Waters of the US (WOTUS) prior to the property transaction and to assist
with the development of the property.
METHODOLOGY
Prior to mobilization for fieldwork, we consulted US Fish and Wildlife Service
(USFWS) National Wetland Inventory (NWI) maps, US Department of Agriculture
(USDA) Web Soil Survey maps, US Geological Survey (USGS) topographic
quadrangle maps, the State’s Geographic Information System (GIS) hydrological data,
shaded relief maps and New Hanover County GIS maps.
We mobilized to the site on July 4, 2023 to review the site for the presence of potential
WOTUS and delineate their boundaries. The following references were used to assist
in the identification of potential WOTUS, including wetlands: the U.S. Army Corps of
Engineers (USACE) 1987 Wetland Delineation Manual and appropriate Regional
Supplement, USACE Regulatory Guidance Letter 05-05 Ordinary High Water Mark
(OHWM) Identification, North Carolina Division of Water Resources (NCDWR) Stream
ID Manual, and the 2023 WOTUS definition
Planning Board - November 2, 2023
ITEM: 3 - 7 - 17
Terrain Environmental Consulting Project No. 23-032-WS September 28, 2023
Jurisdictional Delineation – 2117 Castle Hayne Road
2
FINDINGS
Background Research
None of the resources reviewed indicated the presence of streams or other surface
waters present. The Web Soil Survey indicated the presence of a potential hydric soil
series, Torhunta, mapped in the western third of the property. Although not all hydric
soil series are comprised entirely of wetland, an area must have the presence of
hydric soil (along with dominance of hydrophytic vegetation, and presence of wetland
hydrology), as determined by the presence of one field indicator of hydric soils, in
order to be considered a wetland. The shaded relief mapping indicated potentially
lower elevation areas along the southern property line and in the eastern portion of the
property but the elevation change appears to be very minimal and do not appear to
represent significant depressions or drainageways.
Jurisdictional Delineation
Following review of the above-referenced resources, TEC personnel mobilized to the
site on July 4, 2023 to perform the jurisdictional delineation. No streams or other
surface waters were observed on the property. Roadside ditches are present along
Castle Hayne Road and the private drive adjacent to the north. No water was present
in those ditches during our site vist. The site appears to have been recently timbered
as the most recent aerial photography show the site as being wooded.
Two wetland features were identified and delineated, WA and WB, totaling
approximately 0.32 acres and 0.04 acres, respectively. Although these features satisfy
the three-parameter approach for determination of wetland per the 1987 Corps
Manual and 2012 Regional Supplement, no continuous surface water connection was
observed. Therefore, we do not feel these wetlands would be considered 404 or 401
jurisdictional features.
Please see Figure 1 for the location of each wetland.
DISCUSSION
Since we feel that the two delineated wetlands would not be considered 404 or 401
jurisdictional features, we do not anticipate Section 404 or 401 permitting would be
required to impact them, nor would mitigatjon be required. Please note that non-
jurisdictional confirmation with USACE has not been obtained.
Planning Board - November 2, 2023
ITEM: 3 - 7 - 18
Terrain Environmental Consulting Project No. 23-032-WS September 28, 2023
Jurisdictional Delineation – 2117 Castle Hayne Road
3
CLOSING
We appreciate the opportunity to provide this proposal for jurisdictional delineation
services. If you have any questions, please do not hesitate to contact me.
Sincerely,
Paul Masten, LSS, PWS
President/Owner
Attachment
Figure 1 – Jurisdictional Delineation
Planning Board - November 2, 2023
ITEM: 3 - 7 - 19
Figure 1 - Jurisdictional Delineation 2117 Castle Hayne RoadWilmington, NC
0 100Feet September 2023NAD83 NC StatePlaneThis map is for reference only.t
Castle Hayne
Service Layer Credits: NC OneMap, NC Center for Geographic Information and Analysis, NC911 Board
New Hanover
Legend
Project Site
Potential Wetland
WA0.32 ac
WB0.04 ac
Planning Board - November 2, 2023
ITEM: 3 - 7 - 20
Planning Board - November 2, 2023
ITEM: 3 - 7 - 21
Planning Board - November 2, 2023
ITEM: 3 - 7 - 22
Planning Board - November 2, 2023
ITEM: 3 - 7 - 23
ADJACENT PROPERTIES WITHIN A 500' PERIMETER OF 2117 CASTLE HAYNE ROAD:
SUBJECT PROPERTY OWNER
HANOVER LAKES LLC 200 E ARLINGTON BLVD STE R GREENVILLE NC 27858
ADJACENT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP
ATKINS RONALD L CAROL H 2232 LAKESIDE CIR WILMINGTON NC 28401
BEARD JUANITA L 110 JAMAICA DR WILMINGTON NC 28401
BENNETT KELVIN T 101 BERMUDA DR WILMINGTON NC 28401
BISHOP DEBORAH L 2225 LAKESIDE CIR WILMINGTON NC 28401
BOOHER JENNIFER 2241 LAKESIDE CIR WILMINGTON NC 28401
BOWDEN KEVIN R DEBRA G 2124 PATOKA LAKE RD WILMINGTON NC 28401
BOWDISH MARY N 2248 LAKESIDE CIR WILMINGTON NC 28401
BROMSTEAD DONALD V II CARLA 2324 LAKESIDE CIR WILMINGTON NC 28401
BROOKS LESLIE LISA 2116 PATOKA LAKE RD WILMINGTON NC 28401
BUFFALOE WESLEY B JR ET UX 2304 LAKESIDE CIR WILMINGTON NC 28401
COPE ALAN DENISE 2308 W LAKE SHORE DR WILMINGTON NC 28401
COUGHLIN KEITH R ETAL 106 BERMUDA DR WILMINGTON NC 28401
CURL KRIS E 2216 LAKESIDE CIR WILMINGTON NC 28401
ENGMANN BRAD W MARCELA 108 BERGERON WAY CARY NC 27519
ERBE DARREL C ETAL 2328 LAKESIDE CIR WILMINGTON NC 28401
FERRARESE PAUL N MIRANDA 2320 LAKESIDE CIR WILMINGTON NC 28401
GOLDEN BRIAN TRUSTEE ETAL 2245 LAKESIDE CIR WILMINGTON NC 28401
GRAFF JILLIAN M 2236 LAKESIDE CIR WILMINGTON NC 28401
GRANT CHRISTOPHER L ETAL 102 BERMUDA DR WILMINGTON NC 28401
GRAY MICHELLE E HUNTER B 2340 LAKESIDE CIR WILMINGTON NC 28401
GRESHAM MARGARET E 537 ONEIDA LAKE RD WILMINGTON NC 28401
HANOVER LAKES POA INC 127 RACINE DR STE 201 WILMINGTON NC 28403
HEIKKILA CHRISTINA W 2336 LAKESIDE CIR WILMINGTON NC 28401
KATLEN BARBARA L 2332 LAKESIDE CIR WILMINGTON NC 28401
KIMMEL MARY P 2256 LAKESIDE CIR WILMINGTON NC 28401
KNOWLES LARRY G 2204 LAKESIDE CIR WILMINGTON NC 28401
LONG BRANDON H TRUSTEE 629 SEA HAWK DR SUNSET BEACH NC 28468
LONG MARY HELEN 106 JAMAICA DR WILMINGTON NC 28401
LOPATA CHRISTOPHER TRACY 2208 LAKESIDE CIR WILMINGTON NC 28401
MALTOS ANNA R DANIEL 2252 LAKESIDE CIR WILMINGTON NC 28401
MARTIN JACOB W REBECCA L 2110 CASTLE HAYNE RD WILMINGTON NC 28401
MASON MICHAEL E MARGARET E 2237 LAKESIDE CIR WILMINGTON NC 28401
MCCULLEN RICHARD BARBI BAKER 2120 PATOKA LAKE RD WILMINGTON NC 28401
MERCK KRISTOFER 103 WENTBRIDGE RD CARY NC 27519
MIARS EMMA TRASK HEIRS 1727 AZALEA DR WILMINGTON NC 28403
MILLS MARSHA 2312 LAKESIDE CIR WILMINGTON NC 28401
NEUWIRTH KAREN C 2128 PATOKA LAKE RD WILMINGTON NC 28401
NORRIS REGGIE J 2127 CASTLE HAYNE RD WILMINGTON NC 28401
PALMAHUERGO LOLYKLARA 2229 LAKESIDE CIR WILMINGTON NC 28401
PANTOLIANO JULIE ET VIR 2104 CASTLE HAYNE RD WILMINGTON NC 28401
PARKER JENNIFER L BEAU A 2212 LAKESIDE CIR WILMINGTON NC 28401
PFLUG JOHN R JR BRITTANY N 2244 LAKESIDE CIR WILMINGTON NC 28401
PHAM NGOAN ETAL 118 BERMUDA DR WILMINGTON NC 28401
ROHENA CARLA D 2221 LAKESIDE CIR WILMINGTON NC 28401
ROME CHRISTINA CLAUDE ETAL 110 BERMUDA DR WILMINGTON NC 28401
SANCHEZ ANGELO AMY 2240 LAKESIDE CIR WILMINGTON NC 28401
SEEGER MARCUS B MEGAN T 114 BERMUDA DR WILMINGTON NC 28401
SEITTER EDWARD D 2207 CASTLE HAYNE RD WILMINGTON NC 28401
SEITTER JANE BRADSHAW LIFE EST 246 CARL SEITTER DR WILMINGTON NC 28401
SHADE KENNETH D JOANNE B 2344 LAKESIDE CIR WILMINGTON NC 28401
SHARPE MARY B 2220 LAKESIDE CIR WILMINGTON NC 28401
SHARP-ROYALS AMANDA ZACHARY 2316 LAKESIDE CIR WILMINGTON NC 28401
TADLOCK DONALD G SR JENEANE C 100 WATER ST WRIGHTSVILLE BCH NC 28480
TOLAR JESSIE M ETAL 2348 LAKESIDE CIR WILMINGTON NC 28401
TRYER JANE S 113 BERMUDA DR WILMINGTON NC 28401
TSOMBANIDIS JOSEPH CASSANDRA 533 ONEIDA LAKE RD WILMINGTON NC 28401
WILKINSON DONNA M 2224 LAKESIDE CIR WILMINGTON NC 28401
Planning Board - November 2, 2023
ITEM: 3 - 7 - 24
September 14, 2023
To: Adjacent Property Owners
Re: 2117 Castle Hayne Road / Notice of a Community Information Meeting
This vacant tract is currently owned by Hanover Lakes, L.L.C., and was zoned for commercial use in 2016. The
plan was for a single, 12,900 square-foot, building with associated parking. My client is now interested in
locating their business at this address, and providing for additional commercial uses – but with a different site
layout. An exhibit of the proposed plan is attached. Another zoning process will be necessary for the
modification. The intent is to submit for Conditional District / Highway Business (CZD / B-2), which requires
re-approval by New Hanover County.
A Conditional Zoning District allows particular uses to be established only in accordance with specific
standards & conditions pertaining to each individual development project. Essentially, this means that only
the use, structure(s) & layout of an approved proposal can be developed.
The County requires that the developer hold a meeting for all property owners within 500 feet of the tract
boundary, and any other interested parties. This tract of land is within that proximity of your property. The
meeting 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 Monday, September 25th, 6:00 p.m., at Shelter #2 of the Northern Regional Park,
4700 Old Avenue, Castle Hayne, 6:00 p.m. The location is left from Old Avenue, towards the tennis courts.
If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910-620-2374, or
email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and
look forward to being a good neighbor and an asset to the community.
Planning Board - November 2, 2023
ITEM: 3 - 7 - 25
Planning Board - November 2, 2023
ITEM: 3 - 7 - 26
Planning Board - November 2, 2023
ITEM: 3 - 7 - 27
Concept Plan
Planning Board - November 2, 2023
ITEM: 3 - 8 - 1
Planning Board - November 2, 2023
ITEM: 3 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - November 2, 2023
ITEM: 3 - 10 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/2/2023
Regular
DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner
CONTACT(S): Zach Dickerson; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning &
Land Use Director
SUBJECT:
Public Hearing
Text Amendment Request (TA23-03) - Request by New Hanover County Planning & Land Use to amend Ar7cles 2
and 5 of the Unified Development Ordinance to incorporate standards for electric vehicle charging sta7ons.
BRIEF SUMMARY:
New Hanover County Planning & Land Use Staff have dra&ed an amendment to amend Ar(cles 2 and 5 of the Unified
Development Ordinance (UDO) in order to provide for Electric Vehicle (EV) Parking Standards.
A 2021 Biden Execu(ve Order and 2022 Cooper Execu(ve Order have established federal and state goals for zero-
emission vehicles, that 50% of new vehicles in the U.S. be zero-emission by 2030 and at least 1.25 million registered
zero emission vehicles in N.C. by 2030. While zero-emission vehicles technically include bicycles and hydrogen-fueled
vehicles, most commonly, zero-emission automobiles are electric vehicles (EVs), which along with hybrid vehicles (such
as the Toyota Prius), are expected to account for more than half of all light vehicles sold world-wide by 2026,
according to a Boston Consul(ng Group study (2021).
Currently, electric vehicles only make up a small percentage of vehicles registered in New Hanover County—0.6% or
1,049 vehicles as of the end of May 2023—but NHC has the tenth highest percentage and the eighth highest number of
BEVs and PHEVs in North Carolina, respec(vely. Since 2018, NCDOT has been tracking the types of vehicles registered
at the state and local level to monitor trends in the move to more fuel-efficient vehicles. Over this period of (me,
New Hanover County’s electric vehicle growth has mirrored that of the state as a whole.
Over the past decade, a number of communi(es have begun to adapt development regula(ons in order to beFer
support the charging networks required for electric vehicles. Considera(ons for New Hanover County include where
drivers are most likely to charge their electric vehicles, whether the development market is likely to supply charging
sta(ons without county incen(ves or requirements, the design needs for projects with charging sta(ons, and the cost
and difficulty to retrofit sites. This amendment is intended to make it as easy and cost effec(ve for property owners to
install EV charging sta(ons in the future when it becomes feasible and/or necessary. There is general agreement that a
large number of EV charging sta(ons will be needed in the future, but there is not a clear picture of how many that is.
The intent of the Amendment is to:
- Create clear standards that everyone understands.
- Allow for easier and less expensive modifica(ons to install future charging sta(ons.
- Avoid burdens on developers and excessive costs for future owners to install charging sta(ons.
Planning Board - November 2, 2023
ITEM: 4
- Consider needs of ci(zens that might not be met by the current market.
The Planning Board considered this item at their October 5, 2023 mee(ng. At that mee(ng, the Planning Board asked
staff to consider the following and revise the amendment:
1. Crea(ng a table of uses, such as mul(-family and hotel/motel, with required EV-ready spaces broken out by
percentage.
2. Consider placing a cap/maximum number of EV-ready spaces required for a development.
3. Clarify language regarding electric capacity required for eventual EV-sta(on installa(on.
4. Ensure that the amendment is clear about spaces with EV charging sta(ons coun(ng towards minimum parking
requirements.
5. Researching incen(ves for EV charging sta(ons.
Since that mee(ng, staff have communicated with other jurisdic(ons about their EV parking ordinances and
researched best prac(ces. The only example of a cap was from Apex, North Carolina. Apex’s cap on number of EV-
ready spaces that could be required was 10 spaces- a&er this, the developer was not required to install beyond 10. This
cap was recently removed at the direc(on of the City Board, who wanted to increase the amount of EV charging
spaces provided. Staff have revised the amendment to include a baseline number of spaces required for
developments, capping the number of spaces at 15. The proposed cap is an ini(al sugges(on for discussion, staff found
no references for caps on electric vehicle spaces in comparable jurisdic(ons.
To ensure the difference between electric vehicle-ready parking space and electric vehicle charging sta(ons is clear,
staff have added a defini(on for electric vehicle-ready parking space.
Staff have outlined in a table several uses where the required number of spaces may need to be higher than in others,
including mul(-family and apartments, hotels and motels, and structured parking facili(es.
Staff addi(onally clarified language regarding electric capacity required for these spaces, and added language clarifying
that spaces used for EV charging sta(ons would count towards minimum parking requirements.
The U.S. Department of Energy outlines some incen(ve programs through Duke Energy and the State of North
Carolina in the forms of grants or rebates. While staff considered adding incen(ves for developers to include EV
parking and charging sta(ons in their developments per Planning Board discussion, staff did not feel at this (me it was
appropriate to include local incen(ves with the requirements for EV parking. The intent of this amendment is to create
a baseline requirement for EV-ready spaces and eventual charging sta(ons.
Staff have also reformaFed some of the structure of the proposed amendment to make it easier to read and to ensure
the text in each sec(on is beFer understood.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning Board - November 2, 2023
ITEM: 4
Staff recommends approval of the requested amendment and suggests the following mo(on:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified
Development Ordinance to provide for new standards for EV Charging Sta(ons and parking. I find it to be
CONSISTENT with the purpose and intent of the Comprehensive Plan because it provides up-to-date tools
that promote business success and promotes environmentally responsible growth. I also find
RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it
provides for clear and effec(ve ordinance standards.
ATTACHMENTS:
Descrip(on
TA23-03 PB Script
TA23-03 PB Nov Staff Report
EV Parking Summary Sheet Nov PB
TA23-03 Proposed Amendment Public Hearing Draft
TA23-03 Public Comment and Staff Responses
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 2, 2023
ITEM: 4
SCRIPT for Unified Development Ordinance Text Amendment (TA23-03)
Electric Vehicle (EV) Parking Standards.
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. Supporter’s Presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Staff’s response to questions and concerns (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Board discussion
5. Vote on amendment. The motion should include a statement saying how the change is, or is not,
consistent with the land use plan and why approval or denial of the rezoning request is reasonable
and in the public interest.
Example Motion for Approval:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to provide for new standards for EV Parking Standards. I find it
to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it provides up-
to-date tools that promote business success and promotes environmentally responsible growth. I also
find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public
interest because it provides for clear and effective ordinance standards.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified
Development Ordinance to provide for new standards for EV Parking and Stations. I find it to be
[Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert
reasons]
______________________________________________________________________________
______________________________________________________________________________
I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest
because [insert reasons]
______________________________________________________________________________
______________________________________________________________________________
Planning Board - November 2, 2023
ITEM: 4 - 1 - 1
STAFF REPORT FOR TA23-03
TEXT AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: TA23-03
Request:
To amend Articles 2 and 5 of the Unified Development Ordinance (UDO) in order to provide for
Electric Vehicle (EV) Parking Standards.
Applicant: Subject Ordinances:
New Hanover County Unified Development Ordinance
Purpose & Intent:
This amendment updates the Unified Development Ordinance to provide for new standards for
EV Charging Stations and parking.
1. Definition Update, UDO Section 2.3
a. Addition of definition of EV charging levels: I, II & III.
b. Addition of definitions for Electric Vehicle-Ready Space and Electric
Vehicle Charging Assembly.
2. Outlining standards for EV-ready parking spaces when installed, including space, size,
location and signage.
a. Updating Section 5.1.2, Minimum Off-Street Parking Standards:
i. Minimum Number of Required Spaces.
ii. Electric Vehicle Parking Space design requirements, including size,
equipment protection, signage and usage fees where applicable.
iii. Accessible Facilities (ADA Standards for EV Parking Spaces)
b. Requiring that minimum electric capacity and conduit be provided for
potential charging stations.
BACKGROUND
A 2021 Biden Executive Order and 2022 Cooper Executive Order have established federal and
state goals for zero-emission vehicles, that 50% of new vehicles in the U.S. be zero-emission by
2030 and at least 1.25 million registered zero emission vehicles in N.C. by 2030. While zero-
emission vehicles technically include bicycles and hydrogen-fueled vehicles, most commonly, zero-
emission automobiles are electric vehicles (EVs), which along with hybrid vehicles (such as the Toyota
Prius), are expected to account for more than half of all light vehicles sold world-wide by 2026,
according to a Boston Consulting Group study (2021).
Zero-emission EVs, also referred to as battery electric vehicles or BEVs, are powered by a battery
that is charged by plugging the vehicle into charging equipment. That same equipment can also be
used to charge plug-in hybrid electric vehicles (PHEVs), which have both an internal combustion
Planning Board - November 2, 2023
ITEM: 4 - 2 - 1
engine and an electric motor and must be charged to operate in all-electric mode. Typical BEVs
have driving ranges from 150-300 miles, so local residents using these vehicles may be able to
charge sufficiently at home, but most PHEVs can only travel between 20 and 40 miles on electricity
alone, so additional charging locations may be required for them to function with zero emissions.
Demand for charging stations from tourist vehicles and charging needs for fleet vehicles are also a
consideration in New Hanover County.
There are three basic types of EV charging stations: Level 1 plugs, the standard wall outlet of 120
volts; Level 2 plugs, which are 240 volts, and Level 3 DC Fast Charging plugs. Level 1 plugs are
the slowest chargers (providing 2-5 miles of range per charge hour). As such, they are generally
used in single family homes but can also be installed as part of multi-family or condo developments.
Level 2 plugs charge quite a bit faster (10-30 miles of range per charge hour) and can be
appropriate in a wide variety of locations, including homes of all types, workplaces, fleet parking
areas, and public charging stations where longer parking stays are anticipated (parking decks,
etc.). Level 3 plugs provide the fastest charges (150+ miles of range per charge hour) and are
generally used specifically for shorter term charging. As a note, charging stations may be
specifically formatted for certain types of electric vehicles; some automakers, such as Tesla, operate
their own charging networks to make their products more convenient. Overall, the Wilmington area
has 26 Level 2 public charging plugs and 24 public DC Fast Charging plugs, according to the U.S.
Department of Energy.
New Hanover County Need for Electric Vehicle Charging Stations
Currently, electric vehicles only make up a small percentage of vehicles registered in New Hanover
County—0.6% or 1,049 vehicles as of the end of May 2023—but NHC has the tenth highest
percentage and the eighth highest number of BEVs and PHEVs in North Carolina, respectively. Since
2018, NCDOT has been tracking the types of vehicles registered at the state and local level to
monitor trends in the move to more fuel-efficient vehicles. Over this period of time, New Hanover
County’s electric vehicle growth has mirrored that of the state as a whole, which has grown at an
exponential rate as the technology and related infrastructure become more available.
Per NCDOT registration numbers from May of 2023, the number of BEVs alone in the county (1,049)
has tripled since 2020 (339), and if this rate of growth increases, the U.S. Department of Energy
recommends that the Wilmington area have 28 Level 2 workplace charging plugs, 38 Level 2 public
charging plugs, and 5 public DC Fast Charging plugs by 2024. By 2026, 65 Level 2 workplace
charging plugs, 93 Level 2 public charging plugs, and 9 public DC Fast Charging plugs are
recommended. The Department of Energy estimated need is based on registered vehicles in the
county and does not include tourist vehicles.
New Hanover County currently needs 7 more Level 2 plugs and only need 2 more public DC fast
charging plugs to meet the estimated 2024 demand under this model; however, the DEG also
recommends prioritizing DC Fast Charging plugs to enable long-distance travel, serve as charging
safety nets, and provide charging for drivers without home charging options. These types of electric
vehicle charging stations are also the most expensive and can be more difficult to retrofit sites to
support.
Planning Board - November 2, 2023
ITEM: 4 - 2 - 2
Considerations for Development
Over the past decade, a number of communities have begun to adapt development regulations in
order to better support the charging networks required for electric vehicles. Considerations for
New Hanover County include where drivers are most likely to charge their electric vehicles, whether
the development market is likely to supply charging stations without county incentives or
requirements, the design needs for projects with charging stations, and the cost and difficulty to
retrofit sites. This amendment is intended to make it as easy and cost effective for property owners
to install EV charging stations in the future when it becomes feasible and/or necessary. There is
general agreement that a large number of EV charging stations will be needed in the future, but
there is not a clear picture of how many that is.
• Studies indicate that most charging occurs either at home or the workplace where slower
charging stations can be appropriate, but 30% of charging does take place in public areas,
which would need to be designed for faster charging and more turnover.
• The market has provided sufficient charging stations without county intervention to support
likely electric vehicle needs through 2024 for public charging stations. Current data does
not show that workplace charging plugs or opportunities for multi-family residents are met,
however. Charging stations in these locations may require additional considerations than
for public sites where drivers pay for charging at commercial-type stations to determine
how the electricity will be paid for and allocated to users. Developments targeting different
income levels of residents may also create inequities in provision of charging options, as
well, though lower income residents are less likely to purchase EVs in the near term.
• The provision of EV charging stations does impact site designs, including considerations of
mounting, compliance with ADA, required electrical capacity and conduit for future outlets,
location of charging areas, and clear signage.
• Costs for installation of charging stations as retrofits in existing developments are increased
when sites are not equipped with the conduit and electric capacity for charging. In addition,
existing parking spaces may not be sized correctly to incorporate charging stations or
comply with ADA requirements.
• While there is an argument that the market will sufficiently provide for the EV Parking
Spaces as EVs become more common, it is the goal of this text amendment to “futureproof”
development in the unincorporated County so that new sites will be “EV Ready.”
Planning Board - November 2, 2023
ITEM: 4 - 2 - 3
PLANNING BOARD ACTION SUMMARY
The Planning Board considered this item at their October 5, 2023 meeting. At that meeting, the
Planning Board asked staff to consider the following and revise the amendment:
1. Creating a table of uses, such as multi-family and hotel/motel, with required EV-ready
spaces broken out by percentage.
2. Consider placing a cap/maximum number of EV-ready spaces required for a
development.
3. Clarify language regarding electric capacity required for eventual EV-station installation.
4. Ensure that the amendment is clear about spaces with EV charging stations counting
towards minimum parking requirements.
5. Researching incentives for EV charging stations.
Since that meeting, staff have communicated with other jurisdictions about their EV parking
ordinances and researched best practices. The only example of a cap was from Apex, North
Carolina. Apex’s cap on number of EV-ready spaces that could be required was 10 spaces- after
this, the developer was not required to install beyond 10. This cap was recently removed at the
direction of the City Board, who wanted to increase the amount of EV charging spaces provided.
Staff have revised the amendment to include a baseline number of spaces required for
developments, capping the number of spaces at 15. The proposed cap is an initial suggestion for
discussion, staff found no references for caps on electric vehicle spaces in comparable jurisdictions.
To ensure the difference between electric vehicle-ready parking space and electric vehicle
charging stations is clear, staff have added a definition for electric vehicle-ready parking space.
Staff have outlined in a table several uses where the required number of spaces may need to be
higher than in others, including multi-family and apartments, hotels and motels, and structured
parking facilities.
Staff additionally clarified language regarding electric capacity required for these spaces, and
added language clarifying that spaces used for EV charging stations would count towards
minimum parking requirements.
The U.S. Department of Energy outlines some incentive programs through Duke Energy and the
State of North Carolina in the forms of grants or rebates. While staff considered adding
incentives for developers to include EV parking and charging stations in their developments per
Planning Board discussion, staff did not feel at this time it was appropriate to include local
incentives with the requirements for EV parking. The intent of this amendment is to create a
baseline requirement for EV-ready spaces and eventual charging stations.
Staff have also reformatted some of the structure of the proposed amendment to make it easier
to read and to ensure the text in each section is better understood.
Planning Board - November 2, 2023
ITEM: 4 - 2 - 4
STAFF RECOMMENDATION
Staff recommends approval of the attached amendment and suggests the following motion:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover
County Unified Development Ordinance to provide for new standards for EV Parking
Standards and stations. I find it to be CONSISTENT with the purpose and intent of the
Comprehensive Plan because it provides up-to-date tools that promote business success
and promotes environmentally responsible growth. I also find RECOMMENDING
APPROVAL of the proposed amendment reasonable and in the public interest because it
provides for clear and effective ordinance standards.
Planning Board - November 2, 2023
ITEM: 4 - 2 - 5
Planning Board - November 2, 2023
ITEM: 4 - 2 - 6
Electric Vehicle (EV) Parking Standards
Code Sections Affected
Section 2.3,
Definitions and
Terms
Section 5.1.2,
Minimum Off-Street
Parking Standards
Key Intent
• Create clear standards that everyone understands.
• Allow for easier and less expensive modifications to install future charging
stations.
• Consider needs of citizens that may not be met by the current market, including
accessibility.
Changes
• Definition for Electric Vehicle (EV) Charging Stations is expanded and
descriptions of charging levels are added. (See Section 2.3, Definitions
and Terms)
• Definitions for Electric Vehicle Ready Parking Space and Electric Vehicle
Charging Assembly are added. (See Section 2.3, Definitions)
• EV Parking Requirements are outlined, including clarification that EV-
ready parking spaces do not require installation of charging stations and
that EV-ready spaces may count towards minimum parking requirements
for a development. (See Section 5.1.2.D.1, General)
• Language added to cap the maximum number of EV-ready spaces at 15.
(See section 5.1.2.D.2, Electric Vehicle Ready Parking Spaces)
• A table of uses has been added with percentages of required EV-ready
parking spaces by use. (See section 5.1.2.D.2, Electric Vehicle Ready
Parking Spaces)
• Language added regarding required electrical capacity has been clarified.
(See section 5.1.2.D.2, Electric Vehicle Ready Parking Spaces)
• Electric Vehicle Parking Space Design Requirements are outlined,
including size, equipment protection, signage and usage fees where
applicable. (See Section 5.1.2.D.2, Minimum Off-Street Parking
Standards)
• Minimum standards for accessible EV Parking Spaces are outlined. (See
Section 5.1.2.D.3, Minimum Off-Street Parking Standards)
• Language added specifying that ADA parking spaces may count towards
the minimum parking requirements. (See Section 5.1.2.D.3, Minimum
Off-Street Parking Standards)
Planning Board - November 2, 2023
ITEM: 4 - 3 - 1
TA23-03 EV Parking- 11-02-2023 Planning Board Public Hearing Draft
PROPOSED AMENDMENT
The proposed draft text amendment is below, with red italics indicating originally proposed
language, strikethrough indicating text that has been removed, and bold underlined indicating
language that has been added since the October 5, 2023 Planning Board meeting.
Section 2.3 Definitions
ELECTRIC VEHICLE CHARGING STATION
A vehicle parking space served by an electric vehicle charging assembly or cluster of component
assemblies (battery charging station) designed and intended to transfer electric energy by
conductive or inductive means from the electric grid or other off-board electrical source to a
battery or other energy storage device within a vehicle that operates, partially or exclusively,
on electric energy. Charging stations are differentiated by charging levels, which are the standardized
indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms
1, 2, and 3 are the most common charging levels, and include the following specifications:
A. Level 1
Level 1 charging provides charging through a 120 volt (V), alternating-current (AC) plug.
Level 1 is considered as slow charging. Level 1 charging equipment is standard on vehicles
and therefore does not require the installation of charging equipment.
B. Level 2
Level 2 charging is through a 240V, AC plug and requires installation of home charging or
public charging equipment. These units require a dedicated 40 amp circuit.
C. Level 3
Level 3 charging is through a 480V, direct-current (DC) plug.
ELECTRIC VEHICLE READY PARKING SPACE
A vehicle parking space which includes the conduit necessary to permit future conversion to
an Electric Vehicle Charging Station.
ELECTRIC VEHICLE CHARGING ASSEMBLY
An electrical component designed and intended to transfer electric energy by conductive or
inductive means from the electric grid or other off-board electrical source to a battery or other
energy storage device within a vehicle that operates, partially or exclusively, on electric energy.
Planning Board - November 2, 2023
ITEM: 4 - 4 - 1
TA23-03 EV Parking- 11-02-2023 Planning Board Public Hearing Draft
Section 5.1. Parking and Loading
5.1.2. MINIMUM OFF-STREET PARKING STANDARDS
D. Electric Vehicle (EV) Parking Requirements
1. General:
a. Electric Vehicle Ready Parking spaces do not require installation of Electric
Vehicle Charging Assemblies.
b. Spaces designated as electric vehicle charging spaces may count towards the
minimum parking requirements of Table 5.1.2.A.
2. Electric Vehicle Ready Parking Spaces:
a. Minimum Number of Required Spaces: All new parking facilities, structured parking
facilities, and expansions of existing parking and structured parking facilities
where 25 or more total parking spaces are provided, the following shall
apply: resulting in 25 or more total parking spaces, shall provide Electric
Vehicle Ready Parking Spaces as required in Table 5.1.2.D.1 below.
b. Maximum Number of Required Spaces: No more than 15 total Electric Vehicle
Ready Parking spaces may be required by this ordinance for any new or
expanded parking facility or structure.
Table 5.1.2.D.1: Minimum Number of EV-Ready Parking Spaces
Use Percent of Required Parking for
Electric Vehicle Ready Parking Spaces
All Uses Excluding Single-Family
Residential
20% of required parking
Multi-Family or Apartment 30% of required parking
Hotel/Motel 30% of required parking
Parking Structure 30% of required parking
c. Design Requirements: Electric Vehicle Ready Parking spaces shall require the
following:
i. All Electric Vehicle Ready Parking spaces shall be designated on a site plan.
Planning Board - November 2, 2023
ITEM: 4 - 4 - 2
TA23-03 EV Parking- 11-02-2023 Planning Board Public Hearing Draft
ii. Installation of the conduit and wire required to run electricity for future
Electric Vehicle Charging Assemblies shall be required prior to Certificate
of Occupancy.
iii. Dedicated electrical circuit with sufficient capacity sufficient to serve each
charging spot shall be provided prior to Certificate of Occupancy.
3. Electric Vehicle Charging Station Design Requirements
a. Size: Parking spaces used for Electric Vehicle Charging Stations shall meet
the requirements of Section 5.1.4.
b. Equipment Standards and Protection: Where provided, Electric Vehicle
Charging Stations shall meet the following standards:
i. Charging Station Equipment Protection. When the electric vehicle
parking space is perpendicular or at an angle to curb face and
charging equipment, adequate equipment protection, such as wheel
stops or bollards shall be used.
ii. Maintenance. Charging station equipment shall be maintained in all
respects, including the functioning of the charging equipment. Contact
information shall be provided on the charging station equipment for
reporting when the equipment is not functioning, or other problems are
encountered.
c. Signage: For the purposes of this subsection, “charging” means an electric
vehicle is parked at an electric vehicle charging station and is connected to
the charging station equipment. Signage for parking of electric vehicles
shall include:
i. Information on the charging station to identify voltage, amperage and
safety information. Time limits may be placed on the number of hours
that an EV is allowed to charge. If applicable, warnings shall be posted
to alert charging station users about hours of use and possible actions
affecting EVCS that are not being used according to posted rules.
ii. Restrictions shall be included on the signage, if removal provisions are
to be enforced by the property owner.
iii. As appropriate, direction signs meeting the requirements of Section
5.6.2.i to effectively guide motorists to the charging station space(s).
d. Usage Fees: The property owner or operator may collect a service fee for
the use of an electric vehicle charging station made available to visitors
of the property.
Planning Board - November 2, 2023
ITEM: 4 - 4 - 3
TA23-03 EV Parking- 11-02-2023 Planning Board Public Hearing Draft
4. Accessible Facilities
a. Any existing, new, or expanding parking facility or parking structure that
provides Electric Vehicle Ready Parking Spaces, Electric Vehicle Charging
Stations, or a combination thereof shall be required to provide ADA
accessible spaces according to the ratios shown in Table 5.1.2.D.3
c. It is strongly encouraged, but not required, that a minimum of one
accessible Electric Vehicle Charging Station (EVCS) be provided at sites
with fewer than 5 EVCS.
d. Accessible electric vehicle charging stations should be located in close
proximity to the building or facility entrance and shall be connected to
a barrier-free accessible route of travel. It is not necessary to designate
the accessible electric vehicle charging station exclusively for the use of
disabled persons.
e. ADA parking meeting the requirements of this section may count
towards the minimum parking requirements of Table 5.1.2.A.
Table 5.1.2.D.3: Minimum Electric Vehicle Charging Stations
Number of Electric Vehicle Ready Parking Spaces
Minimum Required
Accessible Electric Vehicle
Ready Parking
5 - 50 1
51 - 100 2
101 - 150 3
Planning Board - November 2, 2023
ITEM: 4 - 4 - 4
TA 23-03 Public Comments and Staff Responses
Note: Paraphrased comments received from phone or in-person conversations are shown in italics. Written comments received via email are shown in quotes. Punctuation may have been added to increase clarity, but comments are otherwise
verbatim. A full list of sources and the dates comments were sent are provided at the end of this document.
Relevant
Amendment
Section (s)
Source Comment Staff Response
General Comments Hill Rogers
Is a different type/kind/gauge of wire required depending on if a charging station is Level 1, 2 or 3? If the answer is yes, I would delete
the requirement for a wire to be installed because someone may need to install three types of wires and only use 1 or 2.
Where is the electrical feed coming into the overall facility?
Consideration should be given to a cap on the number of EV-ready spaces. In a 600 space deck, 120 spaces would be EV ready as this
ordinance is drafted.
1. Staff had intended to remove this language prior to the public
comment draft- research indicated that unless charging stations
were installed quickly after build-out, the wiring may deteriorate
over time and not serve the initial purpose. This language has been
removed.
2. This would be site specific, as agreements with Duke Energy are
reached and electric permits are granted. Staff elected not to make
changes to the amendment in this regard.
3. Staff reached out to a civil engineer experienced in designing EV
charging stations as part of structured parking to get a better
understanding of whether this is a common issue in development and
whether this would be an issue moving forward, based on his
experience. They stated that they had not run into this issue before.
Staff elected not to make changes to the proposed amendment in
regard to this at this time. If this becomes a problem down the road,
the text can be amended.
General Comments Brad Schuler,
Paramounte Engineering
“Is there any documentation or study that has been completed that indicates the private market cannot keep up with the demand for
charging stations?
a. At the last Planning Board meeting, it was stated that the market is currently keeping up with the demand for charging
stations according to US Department of Energy guidelines, but that the market is rapidly changing.
b. Recently, the Lowes Foods in Murrayville installed EV charging stations, and the Smithfields in Odgen installed EV charging
stations with their redevelopment – both without any requirement to do so. We are also starting to get requests from certain
clients to include EV charging stations within their new projects. To me, it appears the market will keep up with the demand
just like it has for gasoline vehicles – but please let me know if there is any information to that states otherwise.
Why do all businesses have to provide for EV infrastructure when, per the US Department of Energy, most charging occurs at home?
This amendment will require every use with 25+ parking spaces to install EV infrastructure. Why require this for industrial
development that has little customer traffic? Why retail stores that have short customer visits? Why small mom-and-pop
businesses? Churches? Affordable housing projects? Why do EV owners need to the ability to charge at every business/parking
lot?
Can you please confirm if New Hanover County has installed any EV charging stations on County-owned land?
To my knowledge there are no EV charging stations at the new government center, downtown parking deck, and county parks –
but I may be wrong.
I also don’t understand how this is an appropriate zoning regulation.
Shouldn’t zoning regulations be based on the impacts generate by the proposed use? Businesses don’t create more EVs on the
roads. Charging an EV is also not required for someone to enter a commercial business to buy a product or service. Why should
private property owners be responsible for providing charging opportunities for those that choose to own an EV?
It seems that EV technology is constantly improving.
Who knows what equipment will be required in 5-10 years. Why require conduit/electrical infrastructure now for something that
may never be installed? I fear that if the technology changes, or if some folks halfheartedly install the required EV infrastructure,
that folks are going to have to reinstall, modify, or never use the infrastructure they were required to install to obtain zoning
approval. To me, it seems better to design the EV charging system all at one time.
In addition, it seems the range and charging times for EVs are continually improving, resulting in less time an EV needs to be
charged.”
These comments are primarily related to the amendment concepts and intent,
which are outlined and detailed in the staff report. In general, the draft
amendment is intended to make it as easy and cost effective for property
owners to install EV charging stations in the future when it becomes feasible
and/or necessary. While it is uncertain at this time how many EV stations will
be necessary in a future market, this sets property and business owners up to
be able to retrofit more easily for a lower upfront cost.
Planning Board - November 2, 2023
ITEM: 4 - 5 - 1
Planning Board - November 2, 2023
ITEM: 4 - 5 - 2
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/2/2023
Regular
DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor
CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director
SUBJECT:
Public Hearing
Text Amendment Request (TA23-05) – Request by New Hanover County Planning & Land Use to amend Sec9on
5.4 and Appendix 1 of the Unified Development Ordinance related to landscape bonds and plat cer9ficates.
BRIEF SUMMARY:
Since the comple on of the Unified Development Ordinance (UDO) Project in November 2020, staff has been
regularly bringing forward amendments to code provisions as part of ongoing efforts to ensure that the tools of the
ordinance remain up-to-date, are clear to all users of the code, and con nue to work the way they are intended.
The key intent of this amendment is to reflect staff's assigned role in the landscape bond review process, a technical
change to final plat cer ficates for private roads based on NCDOT guidance, and the inclusion of an exis ng cer ficate
used by New Hanover County Engineering related to stormwater.
Poten al amendment concepts were presented to the Planning Board at their September 7, 2023 mee ng, and dra7s
of the amendments were released on October 6 for public comment. The only public comments received by the
publica on of this report is an addi onal request by NCDOT to remove a sentence from the private road disclosure
cer ficate for subdivisions.
As a note, all amendments are discrete, and the Board may move forward with only some of them without impac ng
other proposed provisions in the case that par cular amendments are determined to need addi onal considera on or
staff research.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the requested amendment and suggests the following mo on:
I move to recommend APPROVAL of the proposed amendment to the New Hanover County Unified Development
Ordinance to reflect staff’s assigned role in the landscape bond review process, a technical change to final plat
cer ficates for private roads, and the inclusion of an exis ng cer ficate used by New Hanover County Engineering
related to stormwater. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan
because it provides up-to-date zoning tools I also find recommending APPROVAL of the proposed amendment
reasonable and in the public interest because it provides for clear and effec ve ordinance standards.
Planning Board - November 2, 2023
ITEM: 5
Alterna9ve Mo9on for Denial:
I move to [Approve / Deny] the proposed amendment to the New Hanover County Unified Development Ordinance. I
find it to be [Consistent / Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert
reasons]
_____________________________
I also find [Approval / Denial] of the proposed amendment is reasonable and in the public interest because [insert
reasons]
_____________________________
ATTACHMENTS:
Descrip on
TA23-05 PB Script
TA23-05 PB Staff Report
TA23-05 Public Comments
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 2, 2023
ITEM: 5
SCRIPT for Unified Development Ordinance Text Amendment (TA23-05)
Request by New Hanover County Planning & Land Use to amend Section 5.4 and Appendix 1 of the
Unified Development Ordinance related to landscape bonds and plat certificates.
1. This is a public hearing. We will hear a presentation from staff. Then any supporters and
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. Supporters’ presentation (up to 15 minutes)
c. Opponents’ presentation (up to 15 minutes)
d. Supporters’ rebuttal (up to 5 minutes)
e. Opponents’ rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Vote on amendment. 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 of Approval
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified
Development Ordinance to clarify that the County’s conservation resource standards apply to
development on all properties, excluding specific exceptions for parcels of record on December 1, 1984,
the original effective date of the provisions. I find it to be CONSISTENT with the purpose and intent of
the 2016 Comprehensive Plan because it continues efforts to conserve and enhance our unique sense of
place, promote environmentally responsible growth, and conserve environmentally sensitive areas. I also
find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest
because it clarifies current conservation resource standards applicability for stakeholders and code users.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development
Ordinance and Appendix. I find it to be [Consistent/Inconsistent] with the purposes and intent of the
Comprehensive Plan because [insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because
[insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
Planning Board - November 2, 2023
ITEM: 5 - 1 - 1
STAFF REPORT FOR TA23-05
TEXT AMENDMENT REQUEST
REQUEST SUMMARY
Case Number: TA23-05
Request:
To amend Section 5.4 and Appendix 1 of the Unified Development Ordinance related to
landscape bonds and plat certificates.
Applicant: Subject Ordinances:
New Hanover County Unified Development Ordinance (UDO)
Purpose & Intent
The key intent of this amendment is to reflect staff’s assigned role in the landscape bond review
process, a technical change to final plat certificates for private roads based on NCDOT guidance,
and the inclusion of an existing certificate used by New Hanover County Engineering related to
stormwater.
BACKGROUND
Since the completion of the Unified Development Ordinance (UDO) Project in November 2020, staff
has been regularly bringing forward amendments to code provisions as part of ongoing efforts to
ensure that the tools of the ordinance remain up-to-date, are clear to all users of the code, and
continue to work the way they are intended.
Potential amendment concepts were presented to the Planning Board at their September 7, 2023
meeting, and drafts of the amendments were released on October 6 for public comment. The only
public comments received by the publication of this report is an additional request by NCDOT to
remove a sentence from the private road disclosure certificate for subdivisions.
As a note, all amendments are discrete, and the Board may move forward with only some of them
without impacting other proposed provisions in the case that particular amendments are determined
to need additional consideration or staff research.
Planning Board - November 2, 2023
ITEM: 5 - 2 - 1
PROPOSED AMENDMENT
The proposed text amendment is attached, with red italics indicating new language and
strikethrough indicated text that is to be removed.
Unified Development Ordinance
Section 5.4 Landscaping and Buffering
Section 5.4.2 General Standards
G. No certificate of occupancy for any construction or renovation shall be issued until one of the
following conditions is met:
1. The required landscaping is completed in accordance with the approved plan;
2. A bond or certified check, in an amount submitted by the developer and certified by the
County Commissioners to be acceptable, is posted and is available to the County; or
3. An irrevocable letter of credit or deposit of funds in escrow, in an amount submitted by the
developer and certified by the County Commissioners to be acceptable, is issued by a bank
in a form approved by the County Attorney.
Appendix
L. Certificate of Disclosure: PRIVATE ROADS
I (we) the developers of _________________ subdivision located in the unincorporated area of
New Hanover County understand that the roads in said subdivision are designated private. I
understand that ownership and maintenance of the roads will be the responsibility of the developer
until such time that the developer designates the responsibility to the property owners’ association.
Responsibilities must be accepted by the homeowners association as specified in the homeowner
covenants for said subdivision. The private roads in said subdivision are to be constructed in
accordance with Article 6 Subdivision Design and Improvements Section 52-4 of the New Hanover
County Subdivision Unified Development Ordinance and all applicable County Codes which includes
the design, installation, inspection, and approval by a licensed Professional Engineer (PE)
recognized in the State of North Carolina prior to final plat approval for all or a portion of the
subdivision. If all or a portion of the road infrastructure system within the subdivision is bonded
through a surety, performance bond, or cash escrow, no bond shall be released until all road
construction improvements are complete and certified by the Professional Engineer.
It shall be disclosed to the prospective buyer of a lot or lots within the subdivision that road
maintenance shall run through the property owners association in perpetuity after acceptance from
the developer. until such time that the roads are re-platted as publicly designated roads and taken
over for maintenance through the North Carolina Department of Transportation (NCDOT) or
appropriate governing authority. There are no guarantees or assurances of future acceptance of
said roads by the North Carolina Department of Transportation.
Planning Board - November 2, 2023
ITEM: 5 - 2 - 2
Developers Name: ______________ Date: ________________
M. Private Roads Certification
I (we) hereby certify that all private roads as depicted on subdivision plat ____________ have
been designed, installed, inspected, and approved in accordance with Article 6 Subdivision Design
and Improvements Section 52-4 of the New Hanover County Subdivision Unified Development
Ordinance and all applicable New Hanover County Codes prior to final plat approval for all or a
portion of the subdivision.
By certifying the construction of these roads as private, there are no guarantees or assurances of
acceptance of said the roads cannot be accepted by the North Carolina Department of
Transportation per General Statute 136-102.6.
Certified Professional Engineer:_________________ Date: _________________
Seal___________
P. Stormwater Disclosure
I (we) acknowledge that this subdivision is subject to the New Hanover County Stormwater
Ordinance. If the total impervious coverage for the combined parcels exceeds 10,000 square feet,
an application for an “Authorization-to-Construct” and approved stormwater control measures will
be required.
Owner: _____________ Date: _______________
STAFF RECOMMENDATION
Staff recommends approval of the requested amendment and suggests the following motion:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to reflect staff’s assigned role in the landscape bond review
process, a technical change to final plat certificates for private roads, and the inclusion of an
existing certificate used by New Hanover County Engineering related to stormwater. I find it to be
CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-
to-date zoning tools I also find RECOMMENDING APPROVAL of the proposed amendment
reasonable and in the public interest because it provides for clear and effective ordinance
standards.
Planning Board - November 2, 2023
ITEM: 5 - 2 - 3
Subject Articles and Sections
• Section 5.4 Landscaping and Buffering
o 5.4.2 General Standards
• Appendix 1: Final Plat Certificates
Planning Board - November 2, 2023
ITEM: 5 - 2 - 4
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - November 2, 2023
ITEM: 5 - 3 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 11/2/2023
Other Business
DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Director of Planning & Land Use
CONTACT(S): Rebekah Roth
SUBJECT:
Adop$on of 2024 Mee$ng Calendar
BRIEF SUMMARY:
In order to prepare the department deadline calendar for upcoming items that require the review of this Board, the
2024 Mee&ng Calendar should be adopted at this mee&ng. The a*ached dra+ calendar keeps to the usual first
Thursday regular mee&ng with preceding Tuesday a+ernoon agenda review except for the following:
- The July regular mee&ng and agenda review will be held the second Thursday and Tuesday of the month to avoid a
conflict with the Independence Day holiday.
-The agenda review for the September 5 mee&ng will be held the preceding Friday to avoid a conflict with the Board of
Commissioners mee&ng that has been moved to Tuesday.
-The January 2025 regular mee&ng and agenda review will be held the second Thursday and Tuesday of the month to
avoid a conflict with the New Year's holiday.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adop&on of 2024 mee&ng calendar.
ATTACHMENTS:
Descrip&on
Draft 2024 Planning Board Meeting Calendar
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - November 2, 2023
ITEM: 6
Tuesday, January 2, 2024 3:00 PM Thursday, January 4, 2023 6:00 PM
Tuesday, January 30 3:00 PM Thursday, February 1 6:00 PM
Tuesday, March 5 3:00 PM Thursday, March 7 6:00 PM
Tuesday, April 2 3:00 PM Thursday, April 4 6:00 PM
Tuesday, April 30 3:00 PM Thursday, May 2 6:00 PM
Tuesday, June 4 3:00 PM Thursday, June 6 6:00 PM
Tuesday, July 9*3:00 PM Thursday, July 11*6:00 PM
Tuesday, July 30 3:00 PM Thursday, August 1 6:00 PM
Friday, August 30*3:00 PM Thursday, September 5 6:00 PM
Tuesday, October 1 3:00 PM Thursday, October 3 6:00 PM
Tuesday, November 5 3:00 PM Thursday, November 7 6:00 PM
Tuesday, December 3 3:00 PM Thursday, December 5 6:00 PM
Tuesday, January 7*3:00 PM Thursday, January 9, 2024*6:00 PM
*Please note the change in regular meeting day or week
Location: NHC Government Center
Conference Room 138 (unless otherwise noted)
Location: NHC Historic Courthouse
24 North 3rd St.230 Government Center Dr.
Assembly Room 301
NEW HANOVER COUNTY PLANNING BOARD
2024 Agenda Review and Regular Meeting Schedule
AGENDA REVIEW
MEETING DATE MEETING TIME REGULAR MEETING DATE MEETING TIME
Planning Board - November 2, 2023
ITEM: 6 - 1 - 1