12-7-2023 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
DECEMBER 7, 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 (Z23-22) - Request by Cindee Wolf with Design Solu:ons, applicant, to rezone
approximately 2.0 acres of a 7.8 acre parcel zoned R-20, Residen:al, located at 4224 Castle
Hayne Road to (CZD) B-2, Regional Business for a Contractor Office.
OTHER ITEMS
1 Western Bank Study Presenta:on
Planning Board - December 7, 2023
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/7/2023
Regular
DEPARTMENT: Planning PRESENTER(S): Wendell E. Biddle, Development Review Planner
CONTACT(S): Wendell E. Biddle; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning
and Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z23-22) - Request by Cindee Wolf with Design Solu8ons, applicant, to rezone approximately 2.0
acres of a 7.8 acre parcel zoned R-20, Residen8al, located at 4224 Castle Hayne Road to (CZD) B-2, Regional
Business for a Contractor Office.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 2.0 acres of a 7.8 acre parcel from R-20 to (CZD) B-2, Regional
Business for the opera1on of a Contractor Office. The two acres requested for rezoning front Castle Hayne Road and
contain an exis1ng 5,000 square foot structure, while the residual 5.8 acres of the parent parcel which are not included
in this proposal will remain residen1ally zoned R-20.
The property owner proposes to u1lize the exis1ng structure as an administra1ve office and storage facility for
equipment and fleet vehicles from which a landscape contrac1ng firm will operate Monday through Friday 6:00 AM to
7:00 PM.
The applicant has condi1oned that an enhanced Type A Opaque Buffer yard will include a staggered row of evergreen
trees along the northeastern property line. Also condi1oned are proposed restric1ons to exterior ligh1ng, the
incorpora1on of a stormwater pond aera1on system, and limits to the proposed rezoning's principal use.
Access will be provided through an exis1ng residen1al driveway connec1on to Castle Hayne road. If approved, an
NCDOT driveway permit will be required.
CFPUA does not currently have water and sewer infrastructure in the immediate area, however, the site's well is
located between the exis1ng structure and Castle Hayne Road, while the Environmental Health approved sep1c
system is proposed to be located approximately 400 feet south of the structure within the residen1al, R-20 por1on of
the lot.
The R-20 district was established in 1985. At the 1me the purpose of the R-20 zone was to ensure that housing served
by private sep1c and wells would be developed at low densi1es. Since that 1me, the Castle Hayne Road corridor has
experienced a transi1on to mixed commercial districts par1cularly north of the I-140 interchange.
Under the current R-20 district, approximately 14 dwelling units at a maximum density of 1.9 dwelling units per acre
would be allowed under performance residen1al standards. The subject 2.0-acres is es1mated to generate
approximately three of the total dwelling units.
The B-2 district was established to provide for the proper site layout and development of larger format or larger
Planning Board - December 7, 2023
ITEM: 1
structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the
appropriate loca1on and design of auto-oriented uses that meet the needs of the motoring public or that rely on pass-
by traffic.
The Unified Development Ordinance (UDO) defines the proposed principal use, Contractor Office, as: an
establishment primarily engaged in the day-to-day administra1ve and clerical services for businesses providing
contracted services, such as building contractors, hea1ng and air condi1oning (HVAC) repair, landscaping and janitorial
services, etc., that require outside and/ or fleet storage. The use may include some on-site repair and material
prepara1on work.
The UDO also outlines addi1onal setbacks for commercial districts adjacent to residen1al proper1es. When a B-2
district is adjacent to a residen1ally zoned parcel a 30-foot interior side setback and a 35-foot rear setback is required
of all structures.
The exis1ng structure is approximately 15 feet from the side interior property line adjacent to a neighboring
residen1ally zoned parcel. In order to accommodate the adap1ve reuse of the exis1ng structure, a variance to reduce
the setback was required. The Board of Adjustment considered a variance request of 15 feet from the 30-foot side
interior setback at their November 14, 2023 mee1ng. At the mee1ng no one from the public presented evidence in
support or opposi1on to the request and the Board of Adjustment unanimously approved the variance (5-0) with a
condi1on the variance would not apply to any future new structure or expansion of the exis1ng structure on site.
Specific transi1onal buffers prescribed by the UDO require that both of the subject parcel's interior property lines
implement a Type A: Opaque Buffer between the subject lot and the adjacent residen1al districts. To accommodate
the exis1ng structure's distance from the eastern property line, a buffer type combining both fencing and vegeta1on
will be necessary to meet this requirement in some loca1ons.
I f approved, the project would be subjected to the Technical Review CommiHee and zoning compliance review
processes to ensure full compliance with all ordinance requirements and specific condi1ons included in the
approval. Only minor devia1ons from the approved conceptual plan, as defined by the UDO, would be allowed.
Under the current R-20 district, it is es1mated that the 2-acre project area would generate approximately 2 AM and 3
PM peak hour trips if developed at the permiHed density for performance development in the R-20 district. The
proposed B-2 district is es1mated to generate approximately 8 AM and 11 PM peak hour trips, increasing the
es1mated number of peak hour trips by approximately 6 AM and 8 PM trips.
The proposed project is located along a minor arterial highway that currently has capacity. The site has frontage on
Castle Hayne Road, which can be used to navigate to the I-140 interchange that is less than one mile southwest. The
applicant has indicated that site access will be improved to meet NCDOT driveway condi1ons. Per the WMPO and
NCDOT the traffic genera1on is under the 100 peak hour threshold required to necessitate a Traffic Impact Analysis
(TIA).
The property is located within the Prince George Creek Watershed and per the county Classifica1on of Soils for Sep1c
Tank Suitability, soils within the 2.0 acres under review consist of Class III (sever limita1on) soil. CFPUA water and
sewer are not available on site.
While there is residen1al, agricultural, and undeveloped land nearby, the subject lot is located approximately three
quarters of a mile north of the I-140 interchange and the General Electric campus. The subject parcel is also north of a
(CZD) CS district, south of two (CZD) O&I parcels, and west of a (CZD) B-2 parcel. Slightly further west is a light
industrial district designated I-1.
With the site's proximity to the I-140 interchange and the area transi1oning to more commercial and industrial
Planning Board - December 7, 2023
ITEM: 1
ac1vi1es, this por1on of Castle Hayne is likely to develop into a service node within the coming years, rendering new
single-family development along the Castle Hayne Road corridor less likely.
The proposed use Contractor Office is similar in nature and impact to the nearby commercial development ac1vity
which includes the adap1ve reuse of two single-family residences for the opera1on of a dental office as well as a spay
& neuter clinic. Also nearby is a mini-warehouse storage facility amongst other community level service uses.
Nearby residen1al developments includes the River Bluffs Planned Development (PD) district.
While this por1on of Castle Hayne Road has seen a number of light industrial and commercial rezoning's since zoning
was first established, development has been constrained due to lack of public water and sewer access. The closest
loca1on of CFPUA water is approximately a quarter of a mile away at the intersec1on of Hermitage and Castle Hayne
Road.
The Comprehensive Plan designates this site as Community Mixed Use and Employment Center, which focuses on
small-scale, compact, mixed use development paHerns that serve all modes of travel and act as an aHractor for county
residents and visitors while the Employment Center place type serves to provide areas for employment and produc1on
hub where office and light industrial uses predominate. Types of appropriate uses include office, retail, mixed use,
recrea1onal, commercial, ins1tu1onal, and mul1-family and single-family residen1al.
The proposed (CZD) B-2 zoning request is generally CONSISTENT with the Comprehensive Plan because the rezoning
provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types
of uses, and the applica1on limits uses to those which are more appropriate for the area and addi1onal condi1ons
reduce impact on adjacent residen1al areas.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff’s recommenda1on is based on the policy guidance of the Comprehensive Plan, zoning considera1ons, technical
review and the proposal includes Contractor Office as the primary land use for a landscape contractor to operate out
of and store equipment and associated fleet vehicles.
The property is located along Castle Hayne Road between low density residen1al development and commercially
zoned proper1es to the north, east, west, and south. While being less than one mile north of the I-140 interchange and
being located in an area that has transi1oned to more commercial and industrial ac1vi1es since ini1al zoning, the
subject parcel is found to be in an area an1cipated for future commercial development along the corridor.
The proposed land use, Contractor Office, is found to be similar in nature and impact to the other uses in the area
while also in keeping with the Community Mixed Use and Employment Center place types.
The proposed (CZD) B-2 rezoning is generally CONSISTENT with the Comprehensive Plan because the rezoning
provides for the types of uses recommended in both the Community Mixed Use and Employment Center place types,
and the applica1on limits uses to those which are more appropriate for the area and addi1onal condi1ons reduce
impact on adjacent residen1al areas.
As a result, Staff recommends approval of the proposal and suggests the following mo1on with the proposed
condi1ons:
Planning Board - December 7, 2023
ITEM: 1
I move to recommend APPROVAL of the proposed rezoning to a Condi1onal B-2 district. I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses
recommended in both Community Mixed Use and Employment Center place types. I also find recommending
APPROVAL of the rezoning request is reasonable and in the public interest because the applica1on limits uses to those
which are more appropriate for the area and addi1onal condi1ons reduce impact on adjacent residen1al areas.
Proposed Condi8ons:
1. The non-conforming side setback of the exis1ng structure to the northeastern boundary will be mi1gated with
enhanced buffering to include alternate plan1ng of evergreen trees to enhance the opaque buffer yard. No ac1vi1es
shall occur in that area.
2. Exterior ligh1ng, including luminaries and security lights shall be arranged, or shielded so as not to cast illumina1on in
an upward direc1on above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be
numbered such that adequate levels of ligh1ng are maintained, but that light spillage and glare are not directed at
adjacent property(ies), neighboring areas, or motorists.
3. An aera1on system will be installed in the stormwater pond for mi1ga1on against insect infesta1on.
4. The proposed rezoning's principal use shall be limited to Contractor Office, prohibi1ng the outdoor storage of yard
debris, retail sales, and fleet vehicle maintenance on site.
Alterna8ve Mo8on for Denial (If based on informa1on provided at the public hearing or other considera1on beyond
the scope of staff review, the Board finds approval appropriate).
I move to recommend DE NIAL of the proposed rezoning to a Condi1onal B-2 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of
uses recommended in both the Community Mixed Use and Employment Center place types, I find recommending
DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the
desired character of the surrounding community and will adversely impact the adjacent residen1al areas.
ATTACHMENTS:
Descrip1on
Z23-22 PB Script
Z23-22 PB Staff Report
Z23-22 Zoning Map
Z23-22 Future Land Use Map
Z23-22 Mailout Map
Z23-22 Application Cover Sheet
Z23-22 Application Materials
Z23-22 Concept Plan Cover Sheet
Z23-22 Concept Plan
Z23-22 Public Comment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 7, 2023
ITEM: 1
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z23-22)
Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 2.0 acres zoned R-
20, Residential, located at 4224 Castle Hayne Road to (CZD) B-2, Regional Business, for the use of
Contractor Office.
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 rezoning provides for the types
of uses recommended in both Community Mixed Use and Employment Center place types. I
also find recommending APPROVAL of the rezoning request is reasonable and in the public
interest because the application limits uses to those which are more appropriate for the area
and additional conditions reduce impact on adjacent residential areas.
Proposed Conditions:
1. The non-conforming side setback of the existing structure to the northeastern boundary will be
mitigated with enhanced buffering to include alternate planting of evergreen trees to enhance
the opaque buffer yard. No activities shall occur in that area.
2. 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.
Planning Board - December 7, 2023
ITEM: 1 - 1 - 1
3. An aeration system will be installed in the stormwater pond for mitigation against insect
infestation.
4. The proposed rezoning’s principal use shall be limited to Contractor Office, prohibiting the
outdoor storage of yard debris, retail sales, and fleet vehicle maintenance on site.
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 to a Conditional B-2 district. While I
find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
rezoning provides for the types of uses recommended in both the Community Mixed Use and
Employment Center place types, I find recommending DENIAL of the rezoning request is not
reasonable and in the public interest because the proposal is not consistent with the desired
character of the surrounding community and will adversely impact the adjacent residential
areas.
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 - December 7, 2023
ITEM: 1 - 1 - 2
Z23-22 Staff Report PB 12.07.2023 Page 1 of 16
STAFF REPORT FOR Z23-22
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z23-22
Request:
Rezoning to a Conditional B-2 district
Applicant: Property Owner(s):
Cindee Wolf Glenn & Janet Weaver Nester
Location: Acreage:
4224 Castle Hayne Road 2.0 Acres of a 7.8 Acre parcel (CZD) B-2
PID(s): Comp Plan Place Type:
R01700-004-033-000 Community Mixed Use & Employment Center
Existing Land Use: Proposed Land Use:
Residential Accessory Use and Undeveloped
Land Contractor Office
Current Zoning: Proposed Zoning:
R-20 (CZD) B-2
SURROUNDING AREA
LAND USE ZONING
North Dental Clinic, Cape Fear Spay & Neuter Clinic,
Single-Family Residential, and Undeveloped Land (CZD) O&I, RA
East Single-Family Residential, Commercial, and Light
Industrial (I-1) R-20, (CZD) B-2, & I-1
South Single-Family Residential, Undeveloped Land R-20
West Single-Family Residential, Undeveloped Land,
General Electric, and Commercial Services (CS) R-20, I-2, & (CZD) CS
ZONING
Planning Board - December 7, 2023
ITEM: 1 - 2 - 1
Z23-22 Staff Report PB 12.07.2023 Page 2 of 16
ZONING HISTORY
July 1, 1985 Initially Zoned as R-20 (Castle Hayne)
COMMUNITY SERVICES
Water/Sewer
CFPUA sewer and water are not available. While site has an existing well,
both it and a septic system will require New Hanover County Environmental
Health review and permitting.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Castle Hayne Station 13.
Schools Castle Hayne Elementary, Holly Shelter Middle, Laney High Schools
Recreation Castle Hayne Park, Blue Clay Bike Park, Cape Fear Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
AERIAL
Planning Board - December 7, 2023
ITEM: 1 - 2 - 2
Z23-22 Staff Report PB 12.07.2023 Page 3 of 16
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Concept Pan with Staff Markups
• The subject 2.0-acre site is currently part of a parent parcel approximately 7.8 acres in
area, fronts Castle Hayne Road, and contains an existing well and a 5,000 square foot
structure. The residual 5.8 acres are not included in this proposal and will remain zoned R-
20.
• The principal land use of the proposed (CZD) B-2 is Contractor Office.
• The property owner proposes to utilize the existing structure as an administrative office and
storage facility for equipment and fleet vehicles from which a landscape contracting firm
will operate Monday through Friday 6:00 AM to 7:00 PM.
• The applicant has conditioned that fleet vehicle maintenance will be conducted off site.
Residential R-20
Existing 5,000 Sq. Ft.
Structure
N
Employee Parking
and Driveway
Proposed
Stormwater Pond
Existing Well
Undisturbed Vegetation
Planning Board - December 7, 2023
ITEM: 1 - 2 - 3
Z23-22 Staff Report PB 12.07.2023 Page 4 of 16
• The applicant has conditioned an enhanced Type A Opaque Buffer yard that will include a
staggered row of evergreen trees along the northeastern property line.
• The applicant also has conditioned restrictions on exterior lighting and an aeration system
for the proposed stormwater pond.
• Access will be provided through the existing residential driveway connection to Castle
Hayne Road. In the event that the conditional rezoning request is approved, an NCDOT
Driveway permit will be required prior to Technical Review Committee (TRC) approval.
• The subject lot’s proposed septic will be located approximately 400 feet south of the
existing structure within the residential R-20 portion of the lot.
4224 Castle Hayne Road Septic Site Plan with Staff Markups
ZONING CONSIDERATIONS
• The R-20 district was established in 1985. At the time the purpose of the R-20 zone was to
ensure that housing served by private septic and wells would be developed at low densities.
• Under the current R-20 district, approximately 14 dwelling units at a maximum density of
1.9 dwelling units per acre would be allowed under performance residential standards. The
subject 2.0-acres is estimated to generate approximately three of the total dwelling units.
• The purpose of the B-2 district is to provide for the proper site layout and development of
larger format or larger structure size business uses, including big box stores and automobile
dealers. It is also designed to provide for the appropriate location and design of auto-
oriented uses that meet the needs of the motoring public or that rely on pass-by traffic.
• The Unified Development Ordinance (UDO) defines the proposed principal use, Contractor
Office, as: An establishment primarily engaged in the day-to-day administrative and clerical
services for businesses providing contracted services, such as building contractors, heating and
air conditioning (HVAC) repair, landscaping and janitorial services, etc., that require outside
and/or fleet storage. The use may include some on-site repair and material preparation work.
• The existing structure on site is approximately 15 feet from the interior side lot line. To
accommodate an adaptive reuse of the structure, the applicant applied for and was
conditionally approved for a variance of 15 feet.
Proposed Septic
System for Existing
5,000 SF Structure
Ca
s
t
l
e
H
a
y
n
e
R
o
a
d
Existing 5,000 SF Structure
Remaining 5.8 Acre R-20
Proposed (CZD) B-2 District
Existing Well
Planning Board - December 7, 2023
ITEM: 1 - 2 - 4
Z23-22 Staff Report PB 12.07.2023 Page 5 of 16
• The variance granted is predicated on the approval of the accompanying Conditional Use
Request consisting of a rezoning of the 2.0-acre portion of the property from an R-20,
Residential District, to a conditional Regional Business district. Also, that the variance shall
only apply to the existing structure on the property and not to any expansion of the structure
or any new structures.
• Commercial districts adjacent to residential properties are prescribed additional standards.
When a B-2 district is adjacent to a residentially zoned parcel a 30-foot interior side
setback and a 35-foot rear setback is required of all structures.
• Specific transitional buffers prescribed by the UDO require that both of the subject parcel’s
interior property lines implement a Type A: Opaque Buffer between the subject lot and the
adjacent residential districts. To accommodate the existing structure’s distance from the
eastern property line, a buffer type combining both fencing and vegetation will be
necessary to meet this requirement in some locations.
• If approved, the project would be subjected 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 - December 7, 2023
ITEM: 1 - 2 - 5
Z23-22 Staff Report PB 12.07.2023 Page 6 of 16
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - December 7, 2023
ITEM: 1 - 2 - 6
Z23-22 Staff Report PB 12.07.2023 Page 7 of 16
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning
Typical development under current zoning would allow
a maximum of three single-family dwelling units within
the subject two acres.
PROPOSED ACCESS
Primary Access Full access to Castle Hayne Road.
Secondary Access N/A
EXISTING ROADWAY CHARACTERISTICS
Planning Board - December 7, 2023
ITEM: 1 - 2 - 7
Z23-22 Staff Report PB 12.07.2023 Page 8 of 16
Affected Roadway Castle Hayne Road
Type of Roadway NCDOT minor arterial
Roadway Planning Capacity (AADT) 15,459
Latest Traffic Volume (AADT) 10,500
Latest WMPO Point-in-Time County
(DT) N/A
Current Level of Congestion Under Capacity
NEARBY NCDOT STIP ROADWAY 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.
- This roadway project is proposed for Castle
Hayne Road south of the I-140 interchange and
does not directly affect the subject lot.
TRAFFIC GENERATION
Traffic
Generated by
Present
Designation
Traffic Generated
by Proposed
(Small Office
Building)
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 2 8 6
PM Peak Hour Trips 3 11 8
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).
SUMMARY
The proposed project is located along a minor arterial highway that currently has capacity. The site
has frontage on Castle Hayne Road, which can be used to navigate to the I-140 interchange that is
less than one mile southwest. The applicant has indicated that site access will be improved to meet
NCDOT driveway conditions. Per the WMPO and NCDOT the traffic generation is under the 100
peak hour threshold required to necessitate a Traffic Impact Analysis (TIA).
Planning Board - December 7, 2023
ITEM: 1 - 2 - 8
Z23-22 Staff Report PB 12.07.2023 Page 9 of 16
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or a Special Flood Hazard Area.
• The property is within the Prince George Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class III (sever limitation) soil. CFPUA water and sewer are not available
on site.
• A private well is on site and located within the front two acres of the parcel.
• Environmental Health has approved a septic system, however, due to soil suitability the
proposed site for the septic system will be approximately 400 feet south of the existing
structure, within the R-20 portion of the parcel.
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 proposed (CZD) B-2 rezoning will allow a
business that can support the surrounding
community to be located in a transitional area
along a major roadway corridor and in close
proximity to a number of households.
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
a new business.
Planning Board - December 7, 2023
ITEM: 1 - 2 - 9
Z23-22 Staff Report PB 12.07.2023 Page 10 of 16
Representative Developments
Representative Developments of R-20 (Existing Zoning/Land Use):
Holland Drive
Long Leaf Drive
Planning Board - December 7, 2023
ITEM: 1 - 2 - 10
Z23-22 Staff Report PB 12.07.2023 Page 11 of 16
4224 Castle Hayne Road
Representative Developments of Proposed Use:
Castle Hayne Road Adaptive Reuse of a Single-Family Residence to a Dental Clinic
Planning Board - December 7, 2023
ITEM: 1 - 2 - 11
Z23-22 Staff Report PB 12.07.2023 Page 12 of 16
Ocean Blue Pools & Spas on Market Street
Edge Landscaping on Blue Clay Road
Planning Board - December 7, 2023
ITEM: 1 - 2 - 12
Z23-22 Staff Report PB 12.07.2023 Page 13 of 16
Context and Compatibility
• The proposed rezoning is for 2.0 acres of the 7.8-acre parcel that is fronted by Castle
Hayne Road.
• While there is residential, agricultural, and undeveloped land nearby, the subject lot is
located approximately three quarters of a mile north of the I-140 interchange and the
General Electric campus.
• The subject parcel is also north of a (CZD) CS district, south of two (CZD) O&I parcels, and
west of a (CZD) B-2 parcel. Slightly further west is a light industrial district designated I-1.
• With the site’s proximity to the I-140 interchange and the area transitioning to more
commercial and industrial activities, this portion of Castle Hayne is likely to develop into a
service node within the coming years, rendering new single-family development along the
Castle Hayne Road corridor less likely.
• The proposed use, Contractor Office, is similar in nature and impact to the nearby
commercial development activity which includes the adaptive reuse of two single-family
residences for the operation of a dental office as well as a spay & neuter clinic. Also nearby
is a mini-warehouse storage facility amongst other community level service uses.
• Nearby residential development includes the River Bluffs Planned Development (PD) district.
• While this portion of Castle Hayne Road has seen a number of light industrial and
commercial rezonings since zoning was first established, development has been constrained
due to lack of public water and sewer access. The closest CFPUA water access point is
approximately a quarter of a mile away at the intersection of Hermitage and Castle Hayne
Road.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Planning Board - December 7, 2023
ITEM: 1 - 2 - 13
Z23-22 Staff Report PB 12.07.2023 Page 14 of 16
Future Land Use
Map Place Type
Community Mixed Use & Employment Center
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
Community Mixed Use: 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, multi-family, and
single-family residential.
Employment Center serves to provide areas for employment and production
hub where office and light industrial uses predominate. It can also include
residential, civic, and recreational uses, but should be clearly delineated
from rural and conservation areas. Commercial uses designed to serve the
needs of the employment center are appropriate.
Analysis
The subject property is in the northern portion of the county, located north
of the I-140 interchange and the Wrightsboro commercial node. These
areas are connected by Castle Hayne Road, a minor arterial roadway.
The Comprehensive Plan classifies the northwestern portion of the property
fronting Castle Hayne Road as Community Mixed Use- a common
classification along the Castle Hayne Road corridor while the remaining
southeastern portion of the parcel falls within the Employment Center, which
is also a common place type found between Castle Hayne Road and
Hermitage Road.
The Community Mixed Use place type includes commercial uses and
encourages infill development along highway corridors. The proposed
project could be appropriate in the transitional area while providing service
to nearby residents.
Additional conditions have been offered such as the incorporation of an
enhanced interior side buffer along the eastern lot line, considerations
towards exterior lighting and stormwater aeration, and limiting the scope
of the proposed principal use.
Consistency
Recommendation
The proposed rezoning request is generally CONSISTENT with the
Comprehensive Plan because the proposed limited commercial use is
encouraged in the Community Mixed Use place type and would serve
nearby existing and future residential developments.
Planning Board - December 7, 2023
ITEM: 1 - 2 - 14
Z23-22 Staff Report PB 12.07.2023 Page 15 of 16
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the Comprehensive Plan, zoning
considerations, technical review and the proposal includes Contractor Office as the primary land
use for a landscape contractor to operate out of and store equipment and associated fleet vehicles.
The property is located along Castle Hayne Road between low density residential development
and commercially zoned properties to the north, east, west, and south. With being less than one
mile north of the I-140 interchange and being located in an area that has transitioned to more
commercial and industrial activities since initial zoning, the subject parcel is found to be in an area
anticipated for future commercial development along the corridor.
The proposed land use, Contractor Office, is found to be similar in nature and impact to the other
uses in the area while also in keeping with the Community Mixed Use and Employment Center place
types.
The proposed (CZD) B-2 rezoning is generally CONSISTENT with the Comprehensive Plan because
the rezoning provides for the types of uses recommended in both the Community Mixed Use and
Employment Center place types, and the application limits uses to those which are more appropriate
for the area and additional conditions reduce impact on adjacent residential areas.
As a result, Staff recommends approval of the request and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning to a Conditional B-2 district. I
find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because
the rezoning provides for the types of uses recommended in both Community Mixed Use
and Employment Center place types. I also find recommending APPROVAL of the rezoning
request is reasonable and in the public interest because the application limits use to those
which are more appropriate for the area and additional conditions reduce impact on
adjacent residential areas.
Proposed Conditions:
1. The non-conforming side setback of the existing structure to the northeastern boundary
will be mitigated with enhanced buffering to include alternate planting of evergreen
trees to enhance the opaque buffer yard. No activities shall occur in that area.
2. 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.
3. An aeration system will be installed in the stormwater pond for mitigation against insect
infestation.
4. The proposed rezoning’s principal use shall be limited to Contractor Office, prohibiting
the outdoor storage of yard debris, retail sales, and fleet vehicle maintenance on site.
Planning Board - December 7, 2023
ITEM: 1 - 2 - 15
Z23-22 Staff Report PB 12.07.2023 Page 16 of 16
Alternative Motion for Denial (If based on information provided at the public hearing or other
consideration beyond the scope of staff review, the Board finds approval appropriate).
I move to recommend DENIAL of the proposed rezoning to a Conditional B-2 district.
While I find it to be CONSISTENT with the purposes and intent of the Comprehensive
Plan because the rezoning provides for the types of uses recommended in both the
Community Mixed Use and Employment Center place types, I find recommending
DENIAL of the rezoning request is reasonable and in the public interest because the
proposal is not consistent with the desired character of the surrounding community and
will adversely impact the adjacent residential areas.
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Initial Application
Documents & Materials
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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
Glenn & Janet Weaver Nester
4224 Castle Hayne Road
Castle Hayne, NC 28429
910-297-1895
janetweaver@yahoo.com
Planning Board - December 7, 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.
4224 Castle Hayne Road 322119.61.8719 [R01700-004-033-000]
7.90 ac. R-20 / Residential
(CZD) B-2 2.00 ac.
N/A 5000 s.f. GFA
Community Mixed-Use & Employment Center
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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:
Single-Tenant Office (ITE - 715)
5000 s.f. Building
9 9
Planning Board - December 7, 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.
Planning Board - December 7, 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?
Planning Board - December 7, 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
CAW
CAW
CAW
N/A
CAW
CAW
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Planning Board - December 7, 2023
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Legal DescripƟon for
CondiƟonal District Rezoning of
p/o 4224 Castle Hayne Road
Beginning at a point in the southeastern boundary of Castle Hayne Road (U.S. Hwy. 117), a 60’
public right-of-way; said point being the northeastern-most corner of “Tract B,” shown on a plat
enƟtled “Division of Farm 105 – Marathon Colony,” recorded among the land records of the
New Hanover County Registry in Map Book 28, at Page 173; and running thence:
South 32050’15” East, 528.00 feet to a point; thence
South 57006’15” West, 165.00 feet to a point; thence
North 32050’15” West, 528.00 feet to a point; thence
North 57006’15” East, 165.00 feet to the point and place of beginning, containing 2.00 acres,
more or less.
Planning Board - December 7, 2023
ITEM: 1 - 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
4224 Castle Hayne Road 322119.61.8719 [R01700-004-033-000]
In-Person Shelter #2 / NHCo Northern Regional Park
Tuesday, September 26, 2023 / 6:00 P.M.
Closest proximity of a County Park facility to the project location
Planning Board - December 7, 2023
ITEM: 1 - 7 - 11
September 13, 2023
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PROPERTIES WITHIN A 500' PERIMETER OF 4224 CASTLE HAYNE ROAD:
SUBJECT PROPERTY
NESTER GLENN JANET 4224 CASTLE HAYNE RD CASTLE HAYNE NC 28429
ADJACENT PROPERTY OWNERS MAILING ADDRESS CITY / STATE / ZIP
BESSETTE RICHARD P KRISTEN D 4840 SUNSET FOREST CIR HOLLY SPRINGS NC 27540
BLACKMAN JOHN M PO BOX 15681 WILMINGTON NC 28408
CAYTON WILMA S HEIRS 4324 CASTLE HAYNE RD CASTLE HAYNE NC 28429
CHICKEN COOP ENTERPRISES LLC 4229 CASTLE HAYNE RD CASTLE HAYNE NC 28429
CODERRE SHANE ETAL 2005 CANE ISLAND PL WILMINGTON NC 28409
CONCRETE SERV CO OF JACKVLE PO BOX 1867 FAYETTEVILLE NC 28302
DEGIFFARDE CLAUDIO GWENDOLYN 307 HERMITAGE RD CASTLE HAYNE NC 28429
DIAZ JUAN CECILIA G 4815 CASTLE HAYNE NC CASTLE HAYNE NC 28429
DRISH JOHN M SR DAPHNA K ETAL PO BOX 12310 WILMINGTON NC 28405
DUPRIEST MAUDE REE HEIRS PO BOX 580 CASTLE HAYNE NC 28429
HERMITAGE PROP HOLDINGS LLC PO BOX 571 WRIGHTSVILLE BCH NC 28480
HERRON APRIL G JAMES D 1008 TIDINGS RD LELAND NC 28451
KAPCOR LLC 660 AUGUSTINE AVE SUPPLY NC 28462
KORNEGAY RONALD E NINA M 4241 CASTLE HAYNE RD CASTLE HAYNE NC 28429
LEWIS LESLIE 4128 CASTLE HAYNE RD CASTLE HAYNE NC 28429
LEWIS LESLIE 4128 CASTLE HAYNE RD CASTLE HAYNE NC 28429
MULLINS DAVID WAYNE 204 RENWOOD CIR WILMINGTON NC 28405
MULLINS WILLIAM R MICHELE L 4228 CASTLE HAYNE RD CASTLE HAYNE NC 28429
MULLINS WILLIAM R MICHELE L 4228 CASTLE HAYNE RD CASTLE HAYNE NC 28429
NESTER GLENN JANET 2955 ORVILLE WRIGHT WAY STE 120 WILMINGTON NC 28405
RAMIREZ FRANCISCO J 4120 CASTLE HAYNE RD CASTLE HAYNE NC 28429
SHARP WILLIAM C ETAL 205 HERMITAGE RD CASTLE HAYNE NC 28429
SHARP WILLIAM C ETAL 205 HERMITAGE RD CASTLE HAYNE NC 28429
SZCZERBIAK STEPHEN J JR 104 MCDOUGALD DR CASTLE HAYNE NC 28429
WHITE FAMILY TRUST 300 HERMITAGE RD CASTLE HAYNE NC 28429
WHITE FAMILY TRUST 300 HERMITAGE RD CASTLE HAYNE NC 28429
Planning Board - December 7, 2023
ITEM: 1 - 7 - 16
September 13, 2023
To: Adjacent Property Owners
Re: Outdoor Experts / 4224 Castle Hayne Road
Outdoor Experts is a professional design / build landscape contractor that is interested in locating their
facilities at this address. The property is currently owned by Glenn & Janet Nester, zoned R-15, and already
has an existing storage building. The proposed plan is to improve an area for employee parking and a fenced /
outdoor materials storage yard at the rear. The rezoning petition would be a Conditional District for Highway
Business (CZD / B-2) and would require approval from New Hanover County.
A Conditional Zoning District allows particular uses to be established only in accordance with specific
standards & conditions pertaining to each individual development project. Essentially, this means that only
the use, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed.
The County requires that the developer hold a meeting for all property owners within 500 feet of the tract
boundary, and any other interested parties. This 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 Tuesday, September 26th, 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 - December 7, 2023
ITEM: 1 - 7 - 17
Planning Board - December 7, 2023
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Concept Plan
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Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - December 7, 2023
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