1-4-2024 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
JANUARY 4, 2024 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 (Z23-23) – Request by Cindee Wolf with Design Solu=ons, applicant to rezone 9
parcels totaling approximately 7.28 acres of land located at the 7600 block of Carolina Beach
Road between North and South Seabreeze Roads from R-15, Residen=al to (CZD) CB, Community
Business for a commercial business park consis=ng of 28,300 maximum square feet of general
retail, restaurant, convenience store with fuel pumps, and other limited uses.
2 Public Hearing
Rezoning Request (Z23-24) – Request by Cindee Wolf with Design Solu=ons, applicant to rezone
approximately 0.44 acres zoned B-2, Regional Business located at 1132 Seabreeze Road to (CZD)
R-7, Residen=al for a maximum of two single-family detached residen=al dwelling units.
3 Public Hearing
Rezoning Request (Z23-25) - Request by Cindee Wolf with Design Solu=ons, applicant to rezone
approximately 10.95 acres zoned R-20, Residen=al and (CZD) R-5, Residen=al Moderate-High
Density located at the 3100 block of Blue Clay Road to (CZD) RMF-M, Residen=al Mul=-Family
Moderate Density for a maximum of 180 dwelling units.
4 Preliminary Forum
Special Use Permit Request (S23-05) - Request by Joseph Taylor, Jr. with Murchison, Taylor, &
Gibson, PLLC, applicant, on behalf of 421 Sand Mine, LLC, property owner for the use of High
Intensity Mining and Quarrying on approximately 144 acres of an approximately 586-acre parcel
located at the 5700 block of Highway 421 N, zoned I-2, Heavy Industrial.
Planning Board - January 4, 2024
N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 1/4/2024
Regular
D E PA R T M E N T: Planning P R E S E N T E R (S ): Zach D ickerson, Senior Planner
C O N TA C T (S ): Zach D ickerson; Robert Farrell, D evelo pment Review Supervisor; Rebekah Roth, Planning &
L and U se D irector
S U B J EC T:
P ublic Hearing
Rezoning Request (Z 23-23) – Request by C indee Wolf with Desig n S olu9ons, applic ant to rezone 9 parcels totaling
approximately 7.28 ac res of land located at the 7600 block of C arolina B each Road between N orth and S outh
S eabreeze Roads from R-15, Residen9 al to (C Z D) C B, C ommunity Business for a c ommercial business park
consis9 ng of 28,300 maximum square feet of general retail, restaurant, conv enienc e store with fuel pumps, and
other limited uses.
B R I E F S U M M A RY:
T he a pplicant is propo sing to rezo ne appro ximately 7.28 acres from R -15, Residen-al, to (C ZD ) C B, C o mmunity
B usiness, f o r a maximum 28,300 square foot mixed-use commercial business center comprised of several limited uses.
T he applicant's concept plan o utlines several o f the pro posed buildings, which include a c o nvenience store with f uel
sta-ons (maximum 6,100 square f eet) alo ng with a f ast f o o d restaurant with drive-thru (maximum 5,000 square f eet).
T he concept plan includes a possible small f ast servic e restaurant and medica l offices and perso nal servic es. T he
maximum square f o o tage of the office and medica l spa c es a nd small o ffice building /perso nal services is 5,000 square
feet each. T he pro posal also includes a maximum o f a 7,200 square f eet o f strip retail plaza use.
T he applicant has pro posed a condi-on limi-ng uses of the development, excluding the following uses: electronic
gaming, o utdo o r recrea-on, commercial pa rking lo t, car wash, vehicle rentals, minor vehicle service sta-o n, ar-san
manuf acturing, and commercial recycling facility. U nder this propo sal, all others that are allowed in the C B distric t are
po ssible.
T he R -15 district in this area was established in 1971. At the -me, the purpo se o f the R -15 district was to ensure that
ho using served by private sep-c and well wo uld be develo ped at lo w densi-es. Since that -me private water and sewer
services have become available to the surro unding area through private u-lity provider AQ UA. T he parcels are located
within the histo rical Seabreeze neighbo rhood. E stablished in the mid-1920's, the area was a prime vaca-on reso rt f o r
Af rican Americans within southeastern N orth C arolina from the 1930's through the 1950's.
T he C B, C ommunity B usiness, district was established to provide lands that accommodate the develo pment, gro wth,
and con-nued o pera-on o f businesses that serve surro unding neighbo rhoods with go o ds and services needed for a
variety of daily and lo ng-term purposes.
As currently zoned, the R -15 site would allow 18 dwelling units under a performance residen-al subdivision.
T he propo sed mixed-use commercial development wo uld generate approximately 389 A M peak ho ur trips a nd 284 P M
peak hour trips, increasing the number of A M trips by 376 a nd the number o f P M trips by 267.
Planning Board - January 4, 2024
ITEM: 1
T he proposed pro ject is lo cated along a principal arterial highway with ava ilable capacity in the southern por-on o f the
highway corrido r. Access to the pro perty is near a signalized intersec-on onto C aro lina B each Road, with a secondary
access o n N Seabreeze Ro ad. T he local roa ds (N and S S ea breeze Roads) do not co nnect to other pa rts of the
surrounding netwo rk and theref o re have lo w daily es-mated vehicle counts. T he applicant has had a T I A approved by
the N C D OT and W M P O requiring several roadway improvements, including impro vements in site access with
pro tected stems and new turn lanes, as well as op-miza -o n with the signal at the intersec-on of C arolina B each Ro ad
and S Seabreeze Road. (T he full T I A can be viewed here).
T he C o mprehensive Plan designates this pro perty as C o mmunity Mixed use which focuses on small-scale, co mpact,
mixed use develo pment paEerns that serve all mo des of travel and act a s an aEracto r for county residents and visito rs.
Types of a ppro pria te uses include o ffice, retail, mixed use, rec rea -o nal, c o mmercia l, ins-tu-onal, and mul--family and
single-f amily residen-al.
T he property is lo cated at the intersec-on o f C arolina B each Road and Seabreeze Road, an area that has no t
experienced the same interest in higher density gro wth as the northern and central po r-o ns of the C arolina B each
Road co rridor. While much of the surro unding area is lo w-density residen-al, there a re planned higher-density
townho mes to the so uth. T he pro perty's proximity to the Snow's C ut bridge alo ng a heavily traveled c o rridor serves as
a lo ca-on conducive to light commercial develo pment. T he C omprehensive Plan reco mmends a mix of co mmercial
services alo ng the C arolina B each Road corridor a nd in the S ea breeze area to serve adjacent residents and to help
revitalize the historic Seabreeze area.
T he propo sed (C Z D ) C B District is generally C O N S I S T E N T with the 2016 C o mprehensive P lan because the pro posed
uses are in line with the recommenda-ons of the C ommunity Mixed U se place type, and the development would act as
a co mmunity service business node to serve both the S ea breeze C o mmunity and the surrounding area.
S T R AT EGI C P L A N A L I G N M E N T:
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
Staff ’s reco mmenda-o n is based on the policy guidance of the 2016 C o mprehensive Plan, zo ning co nsidera-ons, and
technical review.
T he property is lo cated along C aro lina B each Roa d just north o f the Snow ’s C ut bridge a nd in the histo ric Seabreeze
C o mmunity. T ho ugh the surrounding area is largely residen-al, the site is located adjacent to the hea vily traveled
C arolina B each Roa d corridor and can serve the surrounding area with commercial uses that reduc e travel -mes along
that corrido r and act as an appropriate transi-on from the corrido r to the lo w-density residen-al area in Seabreeze.
A s a result, S taff recommends approval of the p roposal and suggests the f o llo wing mo -o n:
I mo ve to recommend A P P R OV A L of the proposed rezo ning. I fi nd it to be C O N S I S T E N T with the
purposes and intent o f the C o mprehensive Plan because the pro posed uses are in line with the
recommenda-ons of the C o mmunity Mixed U se Place Type. I also fi nd recommending A P P R OVA L of the
rezo ning request is reaso nable and in the public interest because the development wo uld act as a
co mmunity service business node to serve bo th the S ea breeze C o mmunity and the surrounding area.
P roposed C ondi9ons:
Planning Board - January 4, 2024
ITEM: 1
1. Specifi c excluded uses will include electronic gaming, o utdo o r recrea-on, co mmercial parking lot, car wash, vehicle
rentals, mino r vehicle service sta-on, ar-san manufa c turing, and commercial recycling facility.
2. E xterio r ligh-ng, including luminaries and security lights, shall be a rranged o r shielded so as no t to cast illumina-on in
an upward direc-o n above an imaginary line extended f ro m the light so urces parallel to the ground. Fixtures shall be
numbered such that adequate levels of ligh-ng a re ma inta ined, but that light spillage and glare are no t directed at
adjacent property(ies), neighboring areas or motorists.
3. C o nnec-on to a public o r private water and sewer u-lity pro vider is required. Private wells and sep-c systems are
no t permiEed.
4. I f a co nvenience store with fuel sta-ons is developed o n this site, it must be develo ped adjacent to C aro lina B each
Road. O ther uses in the C ondi-onal District not specifica lly excluded in C ondi-on #1 may be permiEed adjacent to
C arolina B each Road or to the rear of the projec t.
A lterna9 ve M o9on for D E N I A L (if based o n inf o rma-on presented at the public hearing or other co nsidera-on
beyond the sco pe o f staff review, the board finds denial a ppro pria te.)
I mo ve to reco mmend D E N I A L of the propo sed rezoning. W hile I find it to be C O N S I S T E N T with the
purposes and intent o f the C o mprehensive Plan because the pro posed uses are in line with the
recommenda-ons o f the C o mmunity Mixed U se Place Type, I find recommending D E N I A L o f the
rezo ning request is reaso na ble and in the public interest because the intensity of the uses is to o high for a
generally lo w-density housing area.
AT TA C H M E N T S :
Descrip-on
Z23-23 PB Script
Z23-23 PB Staff Report
Z23-23 CB Use List
Z23-23 Zoning Map
Z23-23 Future Land Use Map
Z23-23 Mail Out Map
Initial Application Cover Sheet
Z23-23 Application
Concept Plan Cover Sheet
Z23-23 Concept Plan
Traffic Impact Analysis Cover Sheet
Z23-23 TIA Approval Letter
Z23-23 TIA Executive Summary
Public Comments Cover Sheet
Z23-23 Public Comments
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - January 4, 2024
ITEM: 1
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z23-24)
Rezoning Request (Z23-23) – Request by Cindee Wolf with Design Solutions, applicant to rezone 9
parcels totaling approximately 7.28 acres of land located at the 7600 block of Carolina Beach Road
between North and South Seabreeze Roads from R-15, Residential to (CZD) CB, Community Business
for a commercial business park consisting of 28,300 maximum square feet of general retail, restaurant,
convenience store with fuel pumps, and other 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 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 proposed uses are in line with
the recommendations of the Community Mixed Use Place Type. I also find recommending
APPROVAL of the rezoning request is reasonable and in the public interest because the
development would act as a community service business node to serve both the Seabreeze
Community and the surrounding area.
Proposed Conditions:
1. Specific excluded uses will include electronic gaming, outdoor recreation, commercial
parking lot, car wash, vehicle rentals, minor vehicle service station, artisan manufacturing,
and commercial recycling facility.
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
Planning Board - January 4, 2024
ITEM: 1 - 1 - 1
levels of lighting are maintained, but that light spillage and glare are not directed at
adjacent property(ies), neighboring areas or motorists.
3. Connection to a public or private water and sewer utility provider is required. Private wells
and septic systems are not permitted.
4. If a convenience store with fuel stations is developed on this site, it must be developed
adjacent to Carolina Beach Road. Other uses in the Conditional District not specifically
excluded in Condition #1 may be permitted adjacent to Carolina Beach Road or to the
rear of the project.
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 uses are in line
with the recommendations of the Community Mixed Use Place Type, I find recommending
DENIAL of the rezoning request is reasonable and in the public interest because the intensity
of the uses is too high for a generally low-density housing area.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional CB
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 - January 4, 2024
ITEM: 1 - 1 - 2
Z23-23 Staff Report PB 1.4.2024 Page 1 of 18
STAFF REPORT FOR Z23-23
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z23-23
Request:
Rezoning to a Conditional CB district
Applicant: Property Owner(s):
Cindee Wolf, Design Solutions R&S Forest, LLC ; SOCOL, LLC ; Richard and
Susan Yang
Location: Acreage:
7611 Carolina Beach Road, 7601 Carolina
Beach Road, 7615 Carolina Beach Road, 803 S
Seabreeze Rd, 817 S Seabreeze Rd, 831 S
Seabreeze Rd
7.28
PID(s): Comp Plan Place Type:
R08514-003-004-000; R08514-003-005-000;
R08514-003-005-001; R08514-003-006-000;
R08514-003-006-001; R08514-003-007-000;
R08514-003-007-001; R08514-003-016-000;
R08514-003-017-000
Community Mixed Use
Existing Land Use: Proposed Land Use:
Formerly Pelican’s Snowballs and Residential,
Undeveloped, and vacant land.
Mixed Commercial Development with Limited
Uses
Current Zoning: Proposed Zoning:
R-15, Residential (CZD) CB, Conditional Community Business
Planning Board - January 4, 2024
ITEM: 1 - 2 - 1
Z23-23 Staff Report PB 1.4.2024 Page 2 of 18
SURROUNDING AREA
LAND USE ZONING
North Residential R-15
East Residential, AQUA Wellhead Protected Area R-15
South Residential R-15 & CZD R-5
West Residential (Snow’s Cut Landing and Capeside
Village Subdivisions) R-15
ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 4)
COMMUNITY SERVICES
Water/Sewer
CFPUA public water and sewer is not available in the area. Private utility
provider Aqua has issued a letter of intent to provide water and sewer
service to the proposed development. While typically private wells and
septic systems are an alternative in the absence of water and sewer, a
condition requiring connection to a utility provider has been recommended
by staff.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Federal Point Station
Schools Anderson Elementary, Murray Middle, and Ashley High Schools
Recreation Veterans Park
Planning Board - January 4, 2024
ITEM: 1 - 2 - 2
Z23-23 Staff Report PB 1.4.2024 Page 3 of 18
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
There is some pocosin on the site as noted in the New Hanover County
Conservation Resource map. However, it is below the 5-acre area minimum
to trigger the controls per UDO Section 5.7.2.
Historic
While undeveloped, the parcels are located within the historical Seabreeze
neighborhood. Established in the mid-1920’s, the area was a prime vacation
resort for African Americans within southeastern North Carolina from the
1930’s through the 1950’s before a decline stemming from Hurricane Hazel
in 1954, financial trouble, and the end of segregation in the 1960’s.
Archaeological No known archaeological resources
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Includes Staff Markups
Potential Restaurant
with Drive-Thru
Anticipated Retail
and Medical Offices
Anticipated Fast
Casual Restaurant
Convenience Store with
Fuel Stations
Stormwater Pond
Planning Board - January 4, 2024
ITEM: 1 - 2 - 3
Z23-23 Staff Report PB 1.4.2024 Page 4 of 18
• The applicant is proposing to construct mixed-use commercial center buildings which are
each intended to contain different uses. The concept plan outlines several of the proposed
buildings, which include:
o A convenience store with fuel stations (maximum 6,100 sq ft), along with a fast food
restaurant with drive-thru (maximum 5,000 sq ft) on the part of the site closest to
Carolina Beach Road.
o On the eastern portion of the site, a possible small fast service restaurant such as
Subway or Jimmy John’s and medical offices and personal services, such as tax or
finance offices.
o The maximum square footage of the office and medical spaces and small office
building/personal services is 5,000 sq ft each.
o The proposal includes a maximum of a 7,200 sq ft strip retail plaza.
• The development’s proposed maximum square footage is 28,300 sq ft. The proposal
includes stormwater management and a public access easement along Carolina Beach Road
and pedestrian access along portions of N and S Seabreeze Road.
• The applicant’s proposed conceptual plan includes a 20’ public pedestrian access easement
along Carolina Beach Road, which is also noted as a condition of the proposal.
• The applicant has proposed a condition prohibiting the following uses in the Conditional CB
District, including electronic gaming, outdoor recreation, commercial parking lot, car wash,
vehicle rentals, minor vehicle service station, artisan manufacturing, and commercial
recycling facility.
• Though the buildings are labeled on the concept plan, those are the anticipated uses for
those structures and what served as the basis for the TIA. However, the applicant is
requesting for all uses allowed in CB except for those specifically prohibited in the proposed
condition.
Planning Board - January 4, 2024
ITEM: 1 - 2 - 4
Z23-23 Staff Report PB 1.4.2024 Page 5 of 18
ZONING CONSIDERATIONS
• The R-15 district in this area was established in 1971. At the time, the purpose of the R-15
district was to ensure that housing served by private septic and well would be developed
at low densities. Since that time, private water and sewer services have become available
to the surrounding area through private utility provider AQUA.
• While the site is zoned R-15, it is on Carolina Beach Road, a heavily traveled corridor which
has seen recent commercial growth.
• As currently zoned, the subject site would be allowed 18 single-family dwelling units under
a performance residential development.
• The Community Business (CB) district was established to provide lands that accommodate
the development, growth, and continued operation of businesses that serve surrounding
neighborhoods with goods and services needed for a variety of daily and long-term
purposes.
• 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 and 25 feet in height. The UDO specifies that all exterior luminaries
for nonresidential adjacent to single-family residential subdivisions shall be full cut-off
features that are directed downward. In no case shall lighting be directed at or above a
horizontal plane through the lighting fixture.
• Per UDO Section 4.3.4.I.2, fuel sales commercial operations shall not be used for the sale
of vehicles.
• The CB district requires a 25-foot rear setback where it abuts residentially zoned properties.
• Commercial properties require an opaque buffer where they abut residential properties.
• While zoned R-15, the site did have a Pelican’s Snowballs commercial operation along with
a mini golf course for several years.
• 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 - January 4, 2024
ITEM: 1 - 2 - 5
Z23-23 Staff Report PB 1.4.2024 Page 6 of 18
AREA DEVELOPMENTS
Planning Board - January 4, 2024
ITEM: 1 - 2 - 6
Z23-23 Staff Report PB 1.4.2024 Page 7 of 18
TRANSPORTATION
Planning Board - January 4, 2024
ITEM: 1 - 2 - 7
Z23-23 Staff Report PB 1.4.2024 Page 8 of 18
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow
a maximum of 18 single-family dwelling units.
PROPOSED ACCESS
Primary Access S Seabreeze Road via turn off Carolina Beach Road
Secondary Access N Seabreeze Road
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Carolina Beach
Road
S Seabreeze
Rd N Seabreeze Rd
Type of Roadway NCDOT Principle
Arterial Local Road Local Road
Roadway Planning Capacity (AADT) 41,369 4,000* 4,000*
Latest Traffic Volume (AADT) 32,500 400 N/A
Latest WMPO Point-in-Time County (DT) 33,254 N/A N/A
Current Level of Congestion Available
Capacity
Available
Capacity
Available
Capacity
NEARBY NCDOT STIP ROADAWAY PROJECTS
No Nearby STIP Projects
TRAFFIC GENERATION
Traffic
Generated by
Present
Designation
Traffic Generated
by Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 13 389 +376
PM Peak Hour Trips 17 284 +267
*Seabreeze Road does not have a listed planning capacity. The WMPO and NCDOT use a base
4,000 vehicles per day for those road types because it is the minimum threshold necessary for
NCDOT to discuss roadway capacity improvements.
Planning Board - January 4, 2024
ITEM: 1 - 2 - 8
Z23-23 Staff Report PB 1.4.2024 Page 9 of 18
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 August 3, 2023
Development Proposal
Analyzed
Commercial Center:
- 6,100 sq ft of convenience store with 12 vehicle fuel
pumps
- 5,000 sq ft fast food restaurant with drive-thru
- 7,200 sq ft of retail space
- 5,000 sq ft of small office and
- 5,000 sq ft of medical office.
Study Intersections
- US 421 (Carolina Beach Road) and South Seabreeze
Road (signalized)
- US 421 (Carolina Beach Road) and North Seabreeze
Road (unsignalized)
- US 421 (Carolina Beach Road) and Site Access 1 (S
Seabreeze Rd) (unsignalized)
- US 421 (Carolina Beach Road) and Site Access 2 (N
Seabreeze Rd) (unsignalized)
Trip Generation
- 389 AM peak hour trips
- 284 PM peak hour trips
- 7,323 average daily trips
Traffic Data Collection March 29, 2023 (US 421 at N and S Seabreeze Rd)
Planning Board - January 4, 2024
ITEM: 1 - 2 - 9
Z23-23 Staff Report PB 1.4.2024 Page 10 of 18
Trip Distribution and
Assignment
- 80% entering and 50% existing from Site Access 1 on S
Seabreeze Rd
- 20% entering and 50% exiting from Site Access 2 on N
Seabreeze Rd
- 10% to/from the west on River Road
- 50% to/from the north on Carolina Beach Road
- 40% to/from the south on Carolina Beach Road
Approved Developments &
Background Growth
- 1% Background growth rate
Required Improvements
Phase 1 – Build year of 2024 for 5,000 sq ft of fast-food
restaurant with drive-thru and 6,100 sq ft of convenience store
with 15 fueling positions.
Full Build – Build year of 2025 for all of the above plus 5,000 sq
ft of small office building, 7,200 sq foot of strip retail plaza, and
5,000 sq ft of medical-dental office building.
At US 421 (Carolina Beach Road) and SR 1531 (Seabreeze
Road)
Phase 1
- Construct an exclusive westbound left turn lane on S
Seabreeze Rd with 100 feet of full width storage which
continues as a two-white-line turn lane.
- Provide a permitted + overlap phasing for eastbound
right turn lane.
- Optimize the signal timings.
Full Build
- No additional improvements are required.
At US 421 and SR 1528 (N Seabreeze Rd)
Phase 1
- No improvements are required.
Full Build
- No improvements are required.
Planning Board - January 4, 2024
ITEM: 1 - 2 - 10
Z23-23 Staff Report PB 1.4.2024 Page 11 of 18
At S Seabreeze Rd and Site Access 1
Phase 1
- Construct an exclusive eastbound left turn lane on South
Seabreeze Road with 50 feet of full width storage which
continues as a two-white-line turn lane.
- Construct site access (southbound approach) with an
internal protected stem of 100 feet, measured from the
right-of-way line and with one ingress and one egress
lane.
- Provide stop controls for the southbound approach.
Full Build
- No additional improvements are required.
At N Seabreeze Rd
Phase 1
- Construct site access (northbound approach) with an
internal protected stem of 100 feet, measured from the
right-of-way line and with one ingress and one egress lane
- Provide stop controls for northbound approach.
Full Build
- No additional improvements are required.
SUMMARY
The proposed project is located along a principal arterial highway with available capacity in the
southern portion of the highway corridor. Access to the property is near a signalized intersection onto
Carolina Beach Road, with a secondary access on N Seabreeze Road. The local roads (N and S
Seabreeze Roads) do not connect to other parts of the surrounding network and therefore have low
daily estimated vehicle counts. The applicant has had a TIA approved by the NCDOT and WMPO
requiring several roadway improvements, including improvements in site access with protected stems
and new turn lanes, as well as optimization with the signal at the intersection of Carolina Beach Road
and S Seabreeze Road.
Planning Board - January 4, 2024
ITEM: 1 - 2 - 11
Z23-23 Staff Report PB 1.4.2024 Page 12 of 18
ENVIRONMENTAL
• The property is not within a Natural Heritage Area.
• The majority 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 watersheds ICW13 and ICW14 that drain to portions of the
Intracoastal Waterway.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I (Suitable) and Class III (Severe Limitation) soils.
• Aqua has provided a letter of intent to serve the proposed development, which will require
an agreement between Aqua and the developer.
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) CB rezoning will allow
businesses that can support the surrounding
community and are located in an area along a
major roadway corridor, 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 several new
businesses.
Planning Board - January 4, 2024
ITEM: 1 - 2 - 12
Z23-23 Staff Report PB 1.4.2024 Page 13 of 18
Representative Developments
Representative Developments of R-15 (Existing Zoning):
Cottage Grove
Pages Corner
Planning Board - January 4, 2024
ITEM: 1 - 2 - 13
Z23-23 Staff Report PB 1.4.2024 Page 14 of 18
Representative Developments of Mixed Commercial Development:
Retail Plaza with Nearby Fast Food Restaurant
Retail and Office Plaza, including Medical
Planning Board - January 4, 2024
ITEM: 1 - 2 - 14
Z23-23 Staff Report PB 1.4.2024 Page 15 of 18
Context and Compatibility
• This property is located at the intersection of Carolina Beach Road and Seabreeze Road,
an area that has not experienced the same interest in higher density growth as the northern
and central portions of the Carolina Beach Road corridor.
• The site is within the historic Seabreeze Community which served as a beach resort
community for African Americans from the 1930’s through the 1950’s. While the subject site
is largely undeveloped, a few structures from this community remain in the area along
Seabreeze Road.
• This area was the focus of the Seabreeze Small Area Plan created in 1988. The
recommendations for the area included revitalization of the businesses and redevelopment
of the waterfront. However, since the adoption of the plan this revitalization has not been
accomplished and some of the historic structures and properties have been converted into
luxury homes.
• While much of the surrounding area is low-density residential, there are planned higher-
density townhomes to the south. The property’s proximity to the Snow’s Cut bridge along a
heavily traveled corridor serves as a location conducive to this type of commercial
development.
• The application proposes a condition to limit some of the uses that would be permitted in a
CB district. The intent of limiting the uses is to help make the development more compatible
with the area and to be more convenient to the surrounding community.
• The existing land uses in the area include a mix of small and large single-family dwellings,
along with boat storage closer to the Intracoastal Waterway.
• The proposed commercial development provides community-serving businesses in a largely
residential area adjacent to a highly traveled corridor.
• Due to the area’s location adjacent to Carolina Beach Road, it is less likely to be developed
for low density housing.
Planning Board - January 4, 2024
ITEM: 1 - 2 - 15
Z23-23 Staff Report PB 1.4.2024 Page 16 of 18
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Planning Board - January 4, 2024
ITEM: 1 - 2 - 16
Z23-23 Staff Report PB 1.4.2024 Page 17 of 18
Analysis
The proposed development is located at the intersection of Carolina Beach
Road and Seabreeze Road, in the historic Seabreeze community.
While the Seabreeze area has remained largely residential over the past
several decades, there has been increased interest in commercial
development along the Carolina Beach Road corridor. The Comprehensive
Plan designates this property and the majority of the Carolina Beach Road
corridor as Community Mixed Use, a land use classification that promotes a
mix of retail and office development. This classification is generally applied
to areas intended as community-level service nodes and/or transitions
between lower density housing and higher intensity development. The
Comprehensive Plan recommends a mix of commercial services along the
Carolina Beach Road corridor and in the Seabreeze area to serve adjacent
residents and to help revitalize the historic Seabreeze area.
Additionally, having a small commercial service area closer to residences
would reduce the need to travel south to Pleasure Island or north to Monkey
Junction for those services.
This commercial development which is intended to service both the
Seabreeze Community and the surrounding area is compatible with both the
Community Mixed Use place type and the intent of the Community Business
zoning district.
Consistency
Recommendation
The proposed (CZD) CB District is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed uses are in line with the
recommendations of the Community Mixed Use place type, and the
development would act as a community service business node to serve both
the Seabreeze Community and the surrounding area.
Planning Board - January 4, 2024
ITEM: 1 - 2 - 17
Z23-23 Staff Report PB 1.4.2024 Page 18 of 18
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review.
The property is located along Carolina Beach Road just north of the Snow’s Cut bridge and in the
historic Seabreeze Community. Though the surrounding area is largely residential, the site is located
adjacent to the heavily traveled Carolina Beach Road corridor and can serve the surrounding area
with commercial uses that reduce travel times along that corridor and act as an appropriate
transition from the corridor to the low-density residential area in Seabreeze.
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
proposed uses are in line with the recommendations of the Community Mixed Use Place
Type. I also find recommending APPROVAL of the rezoning request is reasonable and
in the public interest because the development would act as a community service
business node to serve both the Seabreeze Community and the surrounding area.
Proposed Conditions:
1. Uses specifically excluded are electronic gaming, outdoor recreation, commercial
parking lot, car wash, vehicle rentals, minor vehicle service station, artisan
manufacturing, and commercial recycling facility.
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. Connection to a public or private water and sewer utility provider is required.
Private wells and septic systems are not permitted.
4. If a convenience store with fuel stations is developed on this site, it must be
developed adjacent to Carolina Beach Road. Other uses in the Conditional District
not specifically excluded in Condition #1, may be permitted adjacent to Carolina
Beach Road or to the rear of the project.
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 uses are in line with the recommendations of the Community Mixed Use Place
Type, I find recommending DENIAL of the rezoning request is reasonable and in the
public interest because the intensity of the uses is too high for a generally low-density
housing area.
Planning Board - January 4, 2024
ITEM: 1 - 2 - 18
COMMUNITY BUSINESS DISTRICT| Z23-23 EXCLUSIONS APPLIED
PRINCIPAL USES KEY: * = USE-SPECIFIC STANDARDS APPLY (SEE SECTION 4.3)
By Right
Agricultural Uses
- Agricultural and Forestry Uses, General
- Wholesale Nursery
Civic and Institutional
- Adult Day Care *
- Child Care Center
- Animal Shelter
- Community Center
- Library
- Lodges, Fraternal, & Social Organizations
- Museum
- Religious Assembly *
- Amateur Radio Antennas (up to 90 ft.) *
- Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use*
- Collocation, Wireless *
- Non-Substantial Modification *
- Other Wireless Communication Facilities including Wireless Support
Structures & Substantial Modifications *
- Emergency Services Facility
- Government Offices and Buildings
- Post Office
- Hospice
- Medical and Dental Office and Clinic
- Community Garden
- Park and Recreation Area
- Marina, Commercial
- Electric Substation
- Utility Lines, Structures, and/or Facilities; General*
Commercial Uses
- Event Center*
- Indoor Recreation Establishment
- Animal Grooming Service*
- Kennel
- Veterinary Service
- Bank and/or Financial Institution
- Business Service Center
- Funeral Services
- Repair Shop
- Commercial Kitchen, Catering
- Microbrewery/Microdistillery
- Restaurant
- Hotel or Motel
- Contractor Office *
- Offices for Private Business and Professional Activities
- Instructional Services and Studios
- Personal Services, General
- Convenience Store
- Food Market
- Grocery Store
- Pharmacy
- Retail Nursery
- Retail Sales, General
- Fuel Sales *
Industrial Uses
- Research and Development Facility
Special Use
Residential Uses
- Live/Work or Caretaker Unit *
- Group Home *
- Senior Living: Assisted Living Facility *
Civic and Institutional
- Family Child Care Home
SPECIFIED ACCESSORY AND TEMPORARY USES
(SEE SECTION 4.4.4 FOR USE-SPECIFIC STANDARDS FOR ACCESSORY USES & SECTION 4.5.4 FOR USE-SPECIFIC STANDARDS FOR TEMPORARY USES)
Accessory Uses
- Accessory Structure
- Accessory Use, Customary
- Electric Vehicle Charging Station
- Home Occupation
- Solar Energy Collection Facility, Accessory
- Small Watercraft Storage
- Stormwater Facilities on Contiguous Properties
- Wind Energy Collection Facility, Accessory
Temporary Uses
- Construction Office
- Debris Site
- Seasonal Sales
- Special Fundraising for Non-profit Organizations
- Temporary Emergency Services Facility
- Temporary Family Healthcare Structure
- Temporary Real Estate Office/Model
- Temporary Relocation Housing
Planning Board - January 4, 2024
ITEM: 1 - 3 - 1
Planning Board - January 4, 2024
ITEM: 1 - 4 - 1
Planning Board - January 4, 2024
ITEM: 1 - 5 - 1
Planning Board - January 4, 2024
ITEM: 1 - 6 - 1
Initial Application
Documents & Materials
Planning Board - January 4, 2024
ITEM: 1 - 7 - 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
5087 Edinboro Lane
Wilmington, NC 28409
404-213-8697 (Contact: Cameron Zurbruegg)
czurbruegg@hendonproperties.com
Reference Attached List
Reference Attached List
Planning Board - January 4, 2024
ITEM: 1 - 8 - 1
Included Parcels:
Parcel ID No.Tax Map No.Site Address Owner
313110.46.1721 R08514-003-004-000 7601 Carolina Beach Rd R&S Forest, L.L.C.
313110.46.1524 R08514-003-005-000 7611 Carolina Beach Rd SOCOL, L.L.C.
313110.36.8469 R08514-003-005-001 7615 Carolina Beach Rd SOCOL, L.L.C.
313110.36.8421 R08514-003-006-000 803 S Seabreeze Rd SOCOL, L.L.C.
313110.36.8492 R08514-003-006-001 Carolina Beach Rd SOCOL, L.L.C.
313110.46.1306 R08514-003-007-000 817 S Seabreeze Rd SOCOL, L.L.C.
313110.46.3373 R08514-003-007-001 831 S Seabreeze Rd Richard & Susan Yang
313110.36.9309 R08514-003-016-000 Carolina Beach Rd SOCOL, L.L.C.
313110.46.0483 R08514-003-017-000 Carolina Beach Rd SOCOL, L.L.C.
Planning Board - January 4, 2024
ITEM: 1 - 8 - 2
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.
Reference Attached List Reference Attached List
R-15 / VACANT Community Mixed-Use
CZD / CB
N/A
7.28 ac.
7.28 ac.
Variable based on ultimate uses
Planning Board - January 4, 2024
ITEM: 1 - 8 - 3
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:
Multiple uses (Reference Approved TIA)
389 284
Planning Board - January 4, 2024
ITEM: 1 - 8 - 4
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 - January 4, 2024
ITEM: 1 - 8 - 5
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 - January 4, 2024
ITEM: 1 - 8 - 6
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
CAW
CAW
CAW
Planning Board - January 4, 2024
ITEM: 1 - 8 - 7
Planning Board - January 4, 2024
ITEM: 1 - 8 - 8
Planning Board - January 4, 2024
ITEM: 1 - 8 - 9
Planning Board - January 4, 2024
ITEM: 1 - 8 - 10
Planning Board - January 4, 2024
ITEM: 1 - 8 - 11
Planning Board - January 4, 2024
ITEM: 1 - 8 - 12
Legal DescripƟon for
CondiƟonal District Rezoning
Beginning at a point in the eastern boundary of Carolina Beach Road (U.S. Hwy, 421), a 160’ public right-
of-way; said point being at its intersecƟon with the northern boundary of Seabreeze Road South (S.R.
1530), a 60’ public right-of-way; and running thence along the Carolina Beach right-of-way:
North 14006’36” East, 141.95 feet to a point; thence
North 13040’58” East, 112.04 feet to a point; thence
North 13041’18” East 235.19 feet to a point at the intersecƟon with the southern boundary of Seabreeze
Road North (S.R. 1528), a 60’ public right-of-way; thence with that right-of-way,
South 69001’09” East, 425.51 feet to a point; thence
South 68028’37” east, 61.78 feet to a point; thence leaving the roadway,
South 00035’26” East, 137.50 feet to a point; thence
South 00044’05” East, 137.54 feet to a point; thence
North 89007’05” East, 92.32 feet to a point; thence
South 20003’11” West, 241.48 feet to a point in the northern boundary of Seabreeze Road South; thence
with that right-of-way,
North 73029’09” West, 260.98 feet to a point; thence
North 73017’34” West, 50.90 feet to a point; thence
North 73001’39” West, 378.44 feet to the point and place of beginning, containing 7.28 acres, more
or less.
Planning Board - January 4, 2024
ITEM: 1 - 8 - 13
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
MJ Best Western - 5600 Carolina Beach Rd
Reference Attached Ownership List
Tuesday, November 28, 2023; 6:00 p.m.
In-person
Closest proximity of an appropriate-sized venue for the expected turn-out
7600 Block of Carolina Beach Road
Planning Board - January 4, 2024
ITEM: 1 - 8 - 14
Planning Board - January 4, 2024
ITEM: 1 - 8 - 15
Planning Board - January 4, 2024
ITEM: 1 - 8 - 16
Planning Board - January 4, 2024
ITEM: 1 - 8 - 17
Planning Board - January 4, 2024
ITEM: 1 - 8 - 18
Planning Board - January 4, 2024
ITEM: 1 - 8 - 19
From:Chris Mays
To:cwolf@lobodemar.biz
Subject:Re: Seabreeze Village proposal-Support
Date:Friday, November 17, 2023 11:21:30 AM
Just a follow up on my previous email. Would it be possible to make the entrance off of
Seabreeze South and entrance only. Then make the exit out of the village going onto the
Seabreeze North. That would relieve a lot of issues at the light on CB and South Seabreeze.
On Fri, Nov 17, 2023 at 9:14 AM Chris Mays <chrismays6718@gmail.com> wrote:
Dear Ms. Wolfe, I hope this email finds you well.
My name is Chris Mays, and I am a resident of The Landing at Snowscut, located just off
Seabreeze Road. I am writing to express my support for the proposed Seabreeze Village in
our area but with one concern with the interchange at Seabreeze South and Carolina
Beach Road.
After carefully reviewing the proposal, I believe that this development would be a great
addition to our community. However, I would like to address a concern that I believe will
be shared by many residents at the upcoming meeting on the 28th. It pertains to the
intersection with the traffic light at Carolina Beach Road and Seabreeze South.
With the construction of townhomes off the access road at that location, there will
inevitably be an increase in traffic. To ensure the smooth flow of traffic and address this
concern, I strongly urge you to have a plan in place to address this issue at the meeting.
One potential solution could be to work with the Department of Transportation (DOT) to
widen Seabreeze Road near the light, creating a turning lane with a green arrow for
vehicles heading towards Carolina Beach. The other lane could be designated for vehicles
going straight or making a right turn from Seabreeze South Road onto Carolina Beach
Road. This would help alleviate congestion and improve traffic efficiency.
I would also like to commend the inclusion of a second entrance and exit onto Seabreeze
North Road in the proposal. This additional access point should help relieve some of the
traffic at the light for those residents who wish to head north on Carolina Beach Road
without needing to rely on a traffic light. However, it is important to address the potential
issues that may arise at Seabreeze South Road with the access road from the proposed
village and vehicles exiting the development.
I believe that by proactively addressing these traffic concerns, the Seabreeze Village
project can be a success and a valuable addition to our community. I appreciate your
attention to this matter and your commitment to ensuring the smooth integration of this
development into our neighborhood.
Thank you for your time and consideration. I look forward to discussing this further at the
meeting on the 28th.
Sincerely,
Chris Mays
910-200-9922
Chrismays6718@gmail.com
Planning Board - January 4, 2024
ITEM: 1 - 8 - 20
From:cwolf@lobodemar.biz
To:"Harry VanEssendelft"
Cc:"Cameron Zurbruegg"
Subject:RE: rezoning of 7600 block of Carolina Beach Road
Date:Wednesday, November 29, 2023 3:42:00 PM
We appreciate your comments, and will include them in the report of the community information
efforts. The location of that access drive paralleling the highway is certainly an awkward vehicular
movement.
A full traffic impact analysis has been completed and approved by NCDOT. If the project is successful
in its rezoning pursuit, there will be improvements made at that intersection to add an exclusive
westbound left turn lane, with 100 feet of storage. Adjustment of signal timings, to allow more time
than is currently allotted, would also be optimized. As far as direct access to Carolina Beach Road, a
drive cut was strictly prohibited by NCDOT. That position is very common along major corridors – to
limit conflict points when there is an already-established roadway(s) for alternative access. The
central drive through the project, with limited connections and no parking along it, was specifically
designed to provide an alternative for northbound traffic to use Seabreeze Road N, rather than
having to use the signalized intersection. There will be a center / left-turn lane into it from
Seabreeze Road S.
Please do not hesitate to reach out again if you have additional questions.
Thank you. Cindee
From: Harry VanEssendelft <peninsula511@gmail.com>
Sent: Wednesday, November 29, 2023 1:50 PM
To: cwolf@lobodemar.biz
Subject: rezoning of 7600 block of Carolina Beach Road
Hello Cindee:
My husband and I were unable to attend the meeting that was held last night at the Best Western.
Please allow me to voice our concerns with the property that is about to be rezoned. We realize it is
a given that this will be accomplished, as the zoning commission seldom turns down the opportunity
to increase the tax base of the county. Our concern, however, is with the fact that the rendering
which is included with the developer's letter, shows the only access into and out of the proposed
development will be from either Seabreeze Road North or Seabreeze Road South. I'm sure you are
aware that recently, the zoning commission approved the development of 48 units which will be
erected along the Access Road with ingress and egress only onto that access road. This means the
build up of traffic waiting at the light is going to be unending. The traffic coming off the bridge and
making a right into Seabreeze Road South is generally traveling at a pretty good rate of speed as they
make the turn. Anyone making a left onto Seabreeze South, from the access road is already in
danger. There have been numerous accidents on that corner - one as recently as last week involving
Planning Board - January 4, 2024
ITEM: 1 - 8 - 21
a motor scooter. Traffic backup on Seabreeze South, waiting for the light to make the turn North or
South is already an issue. With only two exits back out of the proposed complex, traffic backed up at
that light is going to be a nightmare. For those of us who live south of Seabreeze Road, our only
access out of the neighborhood is the access road along the highway. It is our contention that an
ingress and egress off Carolina Beach Road between the proposed gas station and drive thru
restaurant would be a good solution to this future problem. Since there is already a turn lane from
the highway onto Seabreeze North, it is obvious that there is sufficient room to add a lane the length
of the property.
I hope that you will take our concern under consideration.
Thank you,
Sherrie & Harry Van Essendelft
Planning Board - January 4, 2024
ITEM: 1 - 8 - 22
Planning Board - January 4, 2024
ITEM: 1 - 8 - 23
ADJACENT OWNER MAILING ADDRESS CITY / STATE / ZIP
ASMW PROPERTIES LLC 519 MONROE AVE CAROLINA BEACH NC 28428
ATWOOD ERIC ANNAMARIE 1308 DEER HILL DR WILMINGTON NC 28409
BAILEY DONALD L SR DEBORAH 8037 MIDDLETON RD GARNER NC 27529
BARNES WILLIAM HUNTER 7624 NAVIGATOR LN WILMINGTON NC 28409
BASS HOLMAN CLYDE JR 821 N SEABREEZE RD WILMINGTON NC 28409
BEASEY KELLEY 7632 NAVIGATOR LN WILMINGTON NC 28409
BIGGS CARL L JOSSIE P 2225 ARYNESS DR VIENNA VA 22181
BRADSHAW RONALD JR ETAL 93 SPARGER SPRINGS LN DURHAM NC 27705
BROWN VERONICA S MCLAURIN 121 CHIMNEY LN WILMINGTON NC 28409
BRUTON GREGORY ATHALIA 927 ROSCOE FREEMAN AVE WILMINGTON NC 28409
BRYANT CHARLES G JOHANNA 1008 S 11TH ST WILMINGTON NC 28401
CAPONE CHRISTOPHER NATALIE 1004 S SEABREEZE RD WILMINGTON NC 28409
CARROTHERS EDWARD D JR LYNN 744 OCRACOKE DR WILMINGTON NC 28412
CARTER HACKNEY & HUDSON LLC 102 OXFORD RD LUMBERTON NC 28358
CHILDS GABRIELLE D 1017 SALTSPRAY LN WILMINGTON NC 28411
CHURCHWELL CHARLES C III STACIE 7711 COMPASS PT WILMINGTON NC 28409
CLARK GERALD 51 HAMBLINS HAY WAY MARSTONS MILLS MA 02648
COLLINS JOSEPH A SR DINEENE 7718 COMPASS PT WILMINGTON NC 28409
COOPER FREDERICK CHERYL F 1003 ROSCOE FREEMAN AVE WILMINGTON NC 28409
COOPER GERALD D 4498 OCCOQUN VIEW CT WOODBRIDGE VA 22192
DEESEN BONNIE K TRUST PO BOX 743 TOPOCK AZ 86436
DEW TAMMY LAND 811 ROSCOE FREEMAN AVE WILMINGTON NC 28409
DINKINS FAMILY LIVING TRUST 1017 ROSA PARKS LN WILMINGTON NC 28409
DOLEY ENTERPRISE LLC 2125 S 48TH ST STE 102 TEMPE AZ 85282
DOVE BRADLEY JENNIFER 1148 AMBER PINES DR LELAND NC 28451
EATON HUBERT A SR HEIRS 1600 S EADS ST APT 406N ARLINGTON VA 22202
ELDER FREDERICK FRANCES 4110 LYNBROOK DR WILMINGTON NC 28405
EUBANK MARGARET P AUSTIN 7610 SPRAYMIST CT WILMINGTON NC 28409
FLOURNOY LAIRD BRENDA 909 SALT SPRAY LN WILMINGTON NC 28409
FORD JOHN M CAROL S 1074 S SEABREEZE RD WILMINGTON NC 28409
FORD MARY FREEMAN 3686 RAMSEY CIR ATLANTA GA 30331
FORSYTHE CAROLYN ALLEN 7515 PLAYER WAY WILMINGTON NC 28412
FREEMAN ANDREW D 915 ROSCOE FREEMAN AVE WILMINGTON NC 28409
FREEMAN HARVEY E RUBY A S 1032 ROSCOE FREEMAN AVE WILMINGTON NC 28409
FREEMAN OWEITA A 818 ROSCOE FREEMAN AVE WILMINGTON NC 28409
FREEMAN WILLIAM E 924 ROSCOE FREEMAN AVE WILMINGTON NC 28409
GIACOMELLI ROBERT V LISA 743 GRAND BANKS DR WILMINGTON NC 28412
GILGAN PATRICE A 1113 ELM ST WILMINGTON NC 28409
GINSBERG NATHAN W CHARLENE 720 OCRACOKE DR WILMINGTON NC 28412
GURGANUS DONNA M 7714 COMPASS PT WILMINGTON NC 28409
HEMBREE THOMAS J 1001 UPPER REACH DR WILMINGTON NC 28409
HINNANT CORDELIA ANN ETAL 1011 BROAD AVE GREENSBORO NC 27406
HOLDEN CHARLES ERNESTINE W 809 N SEABREEZE RD WILMINGTON NC 28409
HOLMES RHONDA ALFONZO JR 923 ROSCOE FREEMAN AVE WILMINGTON NC 28409
HUGGINS RENEE TANYA 9524 MADISON CREEK CONVERSE TX 78109
HUGHES JEFFREY W ELIZABETH A 1210 BOWFIN LN UNIT 1 CAROLINA BEACH NC 28428
JACOBS CHRISTOPHER JIM 929 SALTSPRAY LN WILMINGTON NC 28409
Planning Board - January 4, 2024
ITEM: 1 - 8 - 24
JONES WILLIAM H JR KATHRYN S 3608 WOODLAWN RD ROCKY MOUNT NC 27804
JOSEY REBECCA 59 RAMBLEWOOD DR NEWBURGH NY 12550
JULIAN KENNETH J ETUX 1502 FISHERMANS WAY CAROLINA BEACH NC 28428
KAMINSKI EDWARD G ANTONINA V 215 GREAT END PATH HILLSBOROUGH NC 27278
KEARNS DONALD RAY DEBRA PARRISH 1528 PALMERS GROVE CHURCH RD HILLSBOROUGH NC 27278
KING MARILYN N 800 HATTERAS CT WILMINGTON NC 28409
LAND PATSY 7725 CAROLINA BEACH RD WILMINGTON NC 28412
LEE CHAD T ALLISON P 1013 SALTSPRAY LN WILMINGTON NC 28409
LEE TIMOTHY P 8377 NC HIGHWAY 50 BENSON NC 27504
LICHTENFELS GEORGE R JR SHERRY 7503 PLAYER WAY WILMINGTON NC 28412
LINGERFELT NATHAN W AMANDA 135 TIM MOORE DR HAMPSTEAD NC 28443
LIPPINCOTT JANA L JEFFERY T 810 ROSCOE FREEMAN AVE WILMINGTON NC 28409
LOCKWOOD MELBA REV TR ETAL 9524 CHASTAIN WALK DR CHARLOTTE NC 28216
LONG JASON WAYNE 1901 MARKET ST WILMINGTON NC 28403
LOPEZ TIMOTHY K LUCINDA 721 OCRACOKE DR WILMINGTON NC 28412
LOVITT KENNETH R LISA J 6712 FINIAN DR WILMINGTON NC 28409
MAYS CHRIS DRU A 801 HATTERAS CT WILMINGTON NC 28409
MCINTOSH MELANI R 7545 CAROLINA BEACH RD WILMINGTON NC 28412
MCKEITHAN SANDRA E 7622 SCOUT CAMP HATILA RD WILMINGTON NC 28409
MCLAUGHLIN ERIC R MARGARET 3 RIVER CHASE CT GREENSBORO NC 27407
MCQUERY DEBORAH REV TRUST PO BOX 16444 WILMINGTON NC 28408
MILLS MICHELE R KENNETH M 5610 KIRLAND DR FREDERICK MD 21703
MITCHELL WILLIAM A HRS 3990 CRESTWATER LN SNELLVILLE GA 30039
MOORE BRAD B AUDRA S 804 HATTERAS CT WILMINGTON NC 28409
MOYE CHARLES W III LINDSAY 933 SALTSPRAY LN WILMINGTON NC 28409
MOYE CHARLES W JR TAMMY 921 SALTSPRAY LN WILMINGTON NC 28409
MUCCIA JOSEPH JR IRENE TRUSTEES 917 SALTSPRAY LN WILMINGTON NC 28409
MUSSELWHITE ROY JANET ETAL 7507 PLAYER WAY WILMINGTON NC 28412
MYLES MARCUS JOLEA 7614 SPRAYMIST CT WILMINGTON NC 28409
NEEDHAM JOANN ELIZABETH 1014 ROSCOE FREEMAN AVE WILMINGTON NC 28409
PEARSON RICHARD D ET UX 747 GRAND BANKS DR WILMINGTON NC 28412
PEREZ ALAN W PATTIE L 1025 SALTSPRAY LN WILMINGTON NC 28409
PHILLIPS TERRILYN CELECIA 809 BLUEBIRD LN WILMINGTON NC 28409
PLOURDE MICHAEL J JULIE ANN 9931 RIVER RD WILMINGTON NC 28412
POLLARD LESLIE WALT 7621 SCOUT CAMP HATILA RD WILMINGTON NC 28409
POMPEY BOBBY LEE 5744 TAFT PL MERRILLVILLE IN 46410
QUINN TRAVIS L 123 CAVALIER ST WILMINGTON NC 28405
R&S FOREST LLC 5087 EDINBORO LN WILMINGTON NC 28409
RAPER KAYSEY E 736 OCRACOKE DR WILMINGTON NC 28412
RAYNOR TODD M 8742 E REEVES BRIDGE RD LINDEN NC 28356
RICHARDSON BENJAMIN ASHLEY 731 GRAND BANKS DR WILMINGTON NC 28412
ROSS DAVID LEON HEIRS ETAL 7769 CAROLINA BEACH RD WILMINGTON NC 28412
ROSS FAMILY REV LIVING TRUST 7626 SCOUT CAMP HATILA RD WILMINGTON NC 28409
ROSS FAMILY REV LIVING TRUST 925 N SEABREEZE RD WILMINGTON NC 28409
ROSS HELEN JAMES I 901 N SEABREEZE RD WILMINGTON NC 28409
ROSS JAMES (NMI) HEIRS 7809 CAROLINA BEACH RD WILMINGTON NC 28412
ROSS JAMES HELEN G 901 N SEABREEZE RD WILMINGTON NC 28409
ROSS SANDRA 7763 CAROLINA BEACH RD WILMINGTON NC 28412
Planning Board - January 4, 2024
ITEM: 1 - 8 - 25
SANTILLI LESLIE A TRUSTEE 7707 COMPASS PT WILMINGTON NC 28409
SB COTTAGES INVESTMENT LLC 4004 NC 55 HWY CARY NC 27519
SCANLON CATHERINE M 1068 S SEABREEZE RD WILMINGTON NC 28409
SCANLON JOHN E MARIBETH 980 ANNIE LEE LN WILMINGTON NC 28409
SCANLON JOHN MARIBETH Y 8109 COLERAINE CT RALEIGH NC 27615
SCOTT J B HRS 8114 BRIDLEMAKER LN CINCINNATI OH 45249
SEABREEZE STORAGE INCORP 834 S SEABREEZE RD WILMINGTON NC 28409
SMITH CAROL MARIE 819 ROSCOE FREEMAN AVE WILMINGTON NC 28409
SMITH JEFFREY M TAMER C 7602 SPRAYMIST CT WILMINGTON NC 28409
SMITH PAMELA ANN 5333 TRESTLEWOOD LN RALEIGH NC 27610
SNOW SHANE S ANNIE L 806 TEXAS AVE CAROLINA BEACH NC 28428
SOUTH ATLANTIC CONF ASSN 7859 CAROLINA BEACH RD WILMINGTON NC 28412
SPANN DANIEL W 937 SALTSPRAY LN WILMINGTON NC 28409
STEIN MEGAN M J ETAL 725 OCRACOKE DR WILMINGTON NC 28412
STRUBLE RAIMOND R KELLY M 1054 S SEABREEZE RD WILMINGTON NC 28409
SWANN EDWARD 6 BERRY CT CONGERS NY 10920
TANGUAY BRIAN C ETAL 8601 HIDDEN LAKE CT MANASSAS VA 20112
TAYLOR DONAVAN JR THELMA R 1144 SEABREEZE RD WILMINGTON NC 28409
TAYLOR DONOVAN JR THELMA R 7600 SCOUT CAMP HATILA RD WILMINGTON NC 28409
TEAGUE PHILIP B 901 SALTSPRAY LN WILMINGTON NC 28409
TERLAU BENFORD REGINA ET VIR 730 GRAND BANKS DR WILMINGTON NC 28412
TONEY JAMES M WONDERLUN ETAL 7606 SPRAYMIST CT WILMINGTON NC 28409
TUCKER ELTON G TRUSTEE 165 SHELTER WOOD DR BURGAW NC 28425
TYLEE STEVEN KATHERINE 1056 S SEABREEZE RD WILMINGTON NC 28409
VAN ESSANDELFT HAROLD J ETAL 810 ROSCOE FREEMAN AVE WILMINGTON NC 28409
WADE ALFRED JR ETAL 9626 RIVER RD WILMINGTON NC 28412
WADE CAROLYN LOUISE 6514 CAROLINA BEACH RD WILMINGTON NC 28412
WADE LEON MORRIS ETAL 381 SE EASTWOOD LN LELAND NC 28451
WALKER SHARON K 2546 SW JOHN AVE SUPPLY NC 28462
WEINBACH JONATHAN 7635 SCOUT CAMP HATILA RD WILMINGTON NC 28409
WELBORN BRANDON M JESSICA 1022 S SEABREEZE RD WILMINGTON NC 28409
WHITTEMORE JAMES A 724 OCRACOKE DR WILMINGTON NC 28412
WILLIAMS BLONIE HEIRS 11565 HAAS AVE HAWTHORNE CA 90250
WILLIAMS STEVE SANDRA L 7628 NAVIGATOR LN WILMINGTON NC 28409
WILLS INVESTMENTS LLC 7723 COMPASS PT WILMINGTON NC 28409
WILM BEACH INVESTMENT CORP PO BOX 410 CAROLINA BEACH NC 28428
WILSON ANTHONY MONICA 6114 WILLOWOOD RD KANNAPOLIS NC 28081
WILSON FRED III 530 SHELVIEW CIR CHESAPEAKE VA 23323
WINNER WALTER WAYNE II ETAL 8100 RIVER RD WILMINGTON NC 28412
WIVELL BRADLEY W 1017 S SEABREEZE RD WILMINGTON NC 28409
WIVELL BRADLEY W ETAL 834 S SEABREEZE RD WILMINGTON NC 28409
WIXTED MICHAEL F ELIZABETH M 217 WARBLER DR MONROE NC 28110
WOODELL TOMMY DEBRA 3942 W BENT GRASS DR FAYETTEVILLE NC 28312
WORKMAN WILLIAM T ANDREA 925 SALTSPRAY LN WILMINGTON NC 28409
WRIGHT DEBORAH Y 2209 SAINT JOAN PL ACCOKEEK MD 20607
ZELLER LUKE T 7616 NAVIGATOR LN WILMINGTON NC 28409
Planning Board - January 4, 2024
ITEM: 1 - 8 - 26
November 16, 2023
To: Adjacent Property Owners
This is a notice of a community information meeting for an upcoming rezoning request on
behalf of SOCOL, L.L.C., property owner. The rezoning request would be from R-15, a
residential district, to (CZD) CB, a conditional community business district, for development of a
commercial center. The meeting is an opportunity for further explanation of the proposal and
for questions to be answered concerning project improvements, benefits and impacts.
The subject tract, is the 7600-block of Carolina Beach Road, and extends from S Seabreeze Road
up to N Seabreeze Road, approximately 700 feet to the East. It encompasses eight tax parcels
and is approximately 7.2 acres. Your property is located in the proximity, within a 500’
perimeter, of the outer boundary of the proposed project.
A Conditional Zoning District in New Hanover County allows particular uses to be established
only in accordance with specific standards and conditions pertaining to each individual
development project & rezoning petition. Essentially, this means that only the specific use(s)
and the proposed site improvements of an approved petition can be developed.
A meeting will be held on Tuesday, November 28th, 6:00 p.m., at the Best Western Plus –
Wilmington, 5600 Carolina Beach Road. If you cannot attend, you are also welcome to contact
Cindee Wolf at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments
and/or questions.
The property owner has been working diligently over the past five years, while acquiring
multiple parcels in the assemblage, to improve the natural aesthetics of the lands, and to lay
the groundwork for a successful future development. They appreciate your interest and look
forward to continuing to be a good neighbor and an asset to the community.
Planning Board - January 4, 2024
ITEM: 1 - 8 - 27
Planning Board - January 4, 2024
ITEM: 1 - 8 - 28
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 Interections
Traffic Data Collection Date(s)
Trip Generation
7600 Block of Carolina Beach Road August 3, 2023
Two-phase / mixed-use commercial center devleopment
Planning Board - January 4, 2024
ITEM: 1 - 8 - 29
August 03, 2023
Mr. AJ Anastopoulo, PE
DAVENPORT
5917 Oleander Drive, Suite 206
Wilmington, NC 28403
RE: Approval with conditions of the Traffic Impact Analysis (TIA) associated with the proposed
Seabreeze Village commercial development in New Hanover County, NC.
Dear Mr. Anastopoulo:
The WMPO, NCDOT and New Hanover County staffs have reviewed the Seabreeze Village TIA (sealed June
158, 2023) and based on the information provided and conversations held to date, it is our understanding that
the proposed development will be built out in two (2) phases and consists of the following land uses:
Phase 1 (build year 2024):
o ITE Land Use Code 934 – 5,000 SF of Fast-food Restaurant with drive-thru
o ITE Land Use Code 945 – 6,100 SF of Convenience Store/Fueling station (15 fueling positions)
Full Build (build year 2025):
o ITE Land Use Code 712 – 5,000 SF of Small Office Building
o ITE Land Use Code 720 – 5,000 SF of Medical-Dental Office Building
o ITE Land Use Code 822 – 7,200 SF of Strip Retail Plaza (<40ksf)
o ITE Land Use Code 934 – 5,000 SF of Fast-food Restaurant with drive-thru
o ITE Land Use Code 945 – 6,100 SF of Convenience Store/Fueling station (15 fueling positions)
Based upon the review of the analysis provided, the following improvements are required of this development:
Planning Board - January 4, 2024
ITEM: 1 - 8 - 30
TIA approval with conditions of Seabreeze Village Traffic Impact Analysis (New Hanover County)
Page 2 of 3
US 421 and SR 1531 (South Seabreeze Road) (Signalized intersection)
Phase 1
• Construct an exclusive westbound left turn lane on South Seabreeze Road with 100 feet of full width
storage which continues as a TWLTL.
• Provide a Permitted + Overlap phasing for eastbound right turn lane.
• Optimize the signal timings.
Full build
• No additional improvements are required.
US 421 and SR 1528 (North Seabreeze Road) (Stop-controlled intersection)
Phase 1
• No improvements are required.
Full build
• No improvements are required.
SR 1531 (South Seabreeze Road) and Site Access 1 (Stop-controlled intersection)
Phase 1
• Construct an exclusive eastbound left turn lane on South Seabreeze Road with 50 feet of full width
storage which continues as a TWLTL.
• Construct site access (southbound approach) with an internal protected stem of 100 feet, measured
from the right-of-way line and with one ingress and one egress lane.
• Provide stop controls for the southbound approach.
Full build
• No additional improvements are required.
1528 (North Seabreeze Road) and Site Access 2 (Stop-controlled intersection)
Phase 1
• Construct site access (northbound approach) with an internal protected stem of 100 feet, measured
from the right-of-way line and with one ingress and one egress lane.
• Provide stop controls for northbound approach.
Full build
• No additional improvements are required.
Planning Board - January 4, 2024
ITEM: 1 - 8 - 31
Planning Board - January 4, 2024
ITEM: 1 - 8 - 32
Concept Plan
Planning Board - January 4, 2024
ITEM: 1 - 9 - 1
Planning Board - January 4, 2024
ITEM: 1 - 10 - 1
Traffic Impact Analysis
Planning Board - January 4, 2024
ITEM: 1 - 11 - 1
August 03, 2023
Mr. AJ Anastopoulo, PE
DAVENPORT
5917 Oleander Drive, Suite 206
Wilmington, NC 28403
RE: Approval with conditions of the Traffic Impact Analysis (TIA) associated with the proposed
Seabreeze Village commercial development in New Hanover County, NC.
Dear Mr. Anastopoulo:
The WMPO, NCDOT and New Hanover County staffs have reviewed the Seabreeze Village TIA (sealed June
158, 2023) and based on the information provided and conversations held to date, it is our understanding that
the proposed development will be built out in two (2) phases and consists of the following land uses:
Phase 1 (build year 2024):
o ITE Land Use Code 934 – 5,000 SF of Fast-food Restaurant with drive-thru
o ITE Land Use Code 945 – 6,100 SF of Convenience Store/Fueling station (15 fueling positions)
Full Build (build year 2025):
o ITE Land Use Code 712 – 5,000 SF of Small Office Building
o ITE Land Use Code 720 – 5,000 SF of Medical-Dental Office Building
o ITE Land Use Code 822 – 7,200 SF of Strip Retail Plaza (<40ksf)
o ITE Land Use Code 934 – 5,000 SF of Fast-food Restaurant with drive-thru
o ITE Land Use Code 945 – 6,100 SF of Convenience Store/Fueling station (15 fueling positions)
Based upon the review of the analysis provided, the following improvements are required of this development:
Planning Board - January 4, 2024
ITEM: 1 - 12 - 1
TIA approval with conditions of Seabreeze Village Traffic Impact Analysis (New Hanover County)
Page 2 of 3
US 421 and SR 1531 (South Seabreeze Road) (Signalized intersection)
Phase 1
• Construct an exclusive westbound left turn lane on South Seabreeze Road with 100 feet of full width
storage which continues as a TWLTL.
• Provide a Permitted + Overlap phasing for eastbound right turn lane.
• Optimize the signal timings.
Full build
• No additional improvements are required.
US 421 and SR 1528 (North Seabreeze Road) (Stop-controlled intersection)
Phase 1
• No improvements are required.
Full build
• No improvements are required.
SR 1531 (South Seabreeze Road) and Site Access 1 (Stop-controlled intersection)
Phase 1
• Construct an exclusive eastbound left turn lane on South Seabreeze Road with 50 feet of full width
storage which continues as a TWLTL.
• Construct site access (southbound approach) with an internal protected stem of 100 feet, measured
from the right-of-way line and with one ingress and one egress lane.
• Provide stop controls for the southbound approach.
Full build
• No additional improvements are required.
1528 (North Seabreeze Road) and Site Access 2 (Stop-controlled intersection)
Phase 1
• Construct site access (northbound approach) with an internal protected stem of 100 feet, measured
from the right-of-way line and with one ingress and one egress lane.
• Provide stop controls for northbound approach.
Full build
• No additional improvements are required.
Planning Board - January 4, 2024
ITEM: 1 - 12 - 2
Planning Board - January 4, 2024
ITEM: 1 - 12 - 3
J DAVEI\PORT
Transportation I mpact Analysis
Seabreeze Village
New Hanover County, NC
Prepared for SOCOL, LLC
June 15,2023
Analysis Drafting, and Graphics by:
John Davenport. lll
AJ Anastopoulo. PE
Reviewed by: AJ Anastopoulo, P.E.
Don Bennett, P.E.
Sealed by: AJ Anastopoulo, P.E.
This report is printed on recycled paper with 30% postconsumer content.
All paper is FSC Certified. The entire document, including binding, is
100% recyclable.
&)a!7
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.
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Planning Board - January 4, 2024
ITEM: 1 - 13 - 1
6/15/2023 220284 Seabreeze Village i
EXECUTIVE SUMMARY
The proposed Seabreeze Village development is located east of US 421 (Carolina Beach Road)
between S Seabreeze Road and N Seabreeze Road in New Hanover County, NC. The proposed
project is expected to be built in two phases. Phase 1 will consist of up to 6,100 square feet of
convenience store with 12 vehicle fuel pumps and a 5,000-square foot fast food restaurant with
drive-thru. Phase 2 is currently assumed to consist of up to 7,200 square feet of retail space,
5,000 square feet of small office, and 5,000 square feet of medical office. Two full movement
access points are proposed, one on S Seabreeze Road and one on N Seabreeze Road. The
expected build-out year for this development is 2024 for Phase 1 and 2025 for Phase 2.
Information regarding the property was provided by SOCOL, LLC.
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 Transportation Impact Analysis (TIA) was performed based on the scope agreed upon with
the Wilmington Metropolitan Planning Organization (WMPO). At full buildout, this site has a trip
generation potential of 7,323 daily trips, 389 net trips in the AM peak hour, and 284 net trips in
the PM peak hour.
In conclusion, this study has determined the potential traffic impacts of this development and
recommendations have been given where necessary to mitigate the impacts of future traffic. 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 summarized 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 - January 4, 2024
ITEM: 1 - 13 - 2
6/15/2023 220284 Seabreeze Village ii
Table A – Recommended Improvements
INTERSECTION RECOMMENDATIONS
US 421 and S Seabreeze Road
• Install a two-way left-turn lane from the
westbound approach to US 421 and S Seabreeze
Road to Site Access 1 on S Seabreeze Road.
(Phase I)
• Optimize signal timing. (Phase I)
US 421 and N Seabreeze Road • No improvements recommended.
S Seabreeze Road and Site
Access 1
• Install a two-way left-turn lane from the
westbound approach to US 421 and S Seabreeze
Road to Site Access 1 on S Seabreeze Road.
(Phase I)
• Design site access to NCDOT and local
standards.
N Seabreeze Road and Site
Access 2
• Design site access to NCDOT and local
standards.
Planning Board - January 4, 2024
ITEM: 1 - 13 - 3
Public Comments
In Support 0
Neutral 0
In Opposition 9
Planning Board - January 4, 2024
ITEM: 1 - 14 - 1
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Thursday, December 21, 2023 10:53 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #7978 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 Angela
Last Name Pearson
Address 747 Grand Banks drive
City Wilmington
State Nc
Zip Code 28412
Email Angelac821@yaboo.com
Please select the case for
comment.
PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of
Carolina Beach Rd
What is the nature of your
comment?
Oppose project
Public Comment This land is not zoned for commercial and would like to keep it
that way. The development of this area for commercial will
make this area more congested with in and out traffic at all
times of the day/night. This area is not commercialized and
don’t see the need for any commercialization in this area..we
purchased our home in this area due to it being out of
commercialized areas and the convenience of where stores
already are. Traffic is already an issue especially in the peak
summer months for area neighborhoods and with all the other
Planning Board - January 4, 2024
ITEM: 1 - 15 - 1
2
developments in town bringing more traffic but no road
revitalization to help.
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more than 20MB in size total for all files. File types accepted are: doc, docx, ppt,
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Planning Board - January 4, 2024
ITEM: 1 - 15 - 2
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Thursday, December 21, 2023 12:12 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #7980 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 Brad
Last Name Wojtylak
Address 901 Tarpon Dr
City Wilmington
State NC
Zip Code 28409
Email bwojtylak@yahoo.com
Please select the case for
comment.
PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of
Carolina Beach Rd
What is the nature of your
comment?
Oppose project
Public Comment I strongly oppose the planned project. The area of Seabreeze
is already too congested with traffic. This proposed project
would also have a negative impact on home values in the area.
The parcels should be left to be developed as low density
residential, as planned. Many homeowners purchased in this
area because of the lack of commercial zoning. It is a more
private community feel. Placing commercial properties will
destroy that community.
Planning Board - January 4, 2024
ITEM: 1 - 15 - 3
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Wednesday, December 20, 2023 7:33 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #7970 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 Brian
Last Name Mingia
Address 805 Tarpon Drive
City Wilmington
State NC
Zip Code 28409
Email Brianmingia@gmail.com
Please select the case for
comment.
PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of
Carolina Beach Rd
What is the nature of your
comment?
Oppose project
Public Comment These are high value neighborhoods and rezoning so close to
these neighborhoods will drastically reduce the value of our
homes. The convenience and safety of having a neighborhood
with lower traffic and and lack of commercial buildings
surrounding it, will be compromised with this project. Please
consider the citizens and their investments in this area before
devaluing their properties.
Upload supporting files
Planning Board - January 4, 2024
ITEM: 1 - 15 - 4
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Tuesday, December 19, 2023 5:54 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #7953 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 Jacob
Last Name Teets
Address 7202 Sea Robin Ct.
City Wilmington
State NC
Zip Code 28409
Email Jacobteets1@yahoo.com
Projects available for comment.
January 4, 2024 Planning Board Meeting
Rezoning Request (Z23-23) Seabreeze Commercial - Request by Cindee
Wolf with Design Solutions, applicant to rezone 9 parcels totaling
approximately 7.28 acres of land located at the 7600 block of Carolina
Beach Road between North and South Seabreeze Roads from R-15,
Residential to (CZD) CS, Commercial Services for a commercial business
parking consisting of 28,300 maximum square feet of general retail,
restaurant, convenience store with fuel pumps, and other limited uses.
Rezoning Request (Z23-24)Seabreeze Residential - Request by Cindee
Wolf with Design Solutions, applicant to rezone approximately 0.44 acres
zoned B-2, Regional Business located at 1132 Seabreeze Road to (CZD) R-
Planning Board - January 4, 2024
ITEM: 1 - 15 - 5
2
7, Residential for a maximum of two single-family detached residential
dwelling units.
Rezoning Request (Z23-25) Covenant II - Request by Cindee Wolf with
Design Solutions, applicant to rezone approximately 10.95 acres zoned R-
20, Residential and (CZD) RMF-M, Residential Multi-Family Moderate
Density located at the 3100 block of Blue Clay Road to (CZD) R-5,
Residential Moderate-High Density for a maximum of 180 dwelling units.
January 8, 2024 Board of Commissioners Meeting
Not available for comment.
Please select the case for
comment.
PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of
Carolina Beach Rd
What is the nature of your
comment?
Oppose project
Public Comment We currently reside in the Sea Breeze area and are currently
opposed to the idea of putting a gas station and two drive thru
style restaurants on the corner of Seabreeze and Carolina
beach Rd.
We are actually pro development but with idea that those
services be community oriented and something we would use
and not a fast food style restaurant. A gas station would not
help and just add to the chaos at an already difficult and
dangerous intersection with fairly high traffic volume.
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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 - January 4, 2024
ITEM: 1 - 15 - 6
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Tuesday, December 19, 2023 6:50 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #7955 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 Kim Cooper
Last Name Cooper
Address 7202 Grouper Ct
City Wilmington
State Nc
Zip Code 28409
Email kimmerc77@yahoo.com
Projects available for comment.
January 4, 2024 Planning Board Meeting
Rezoning Request (Z23-23) Seabreeze Commercial - Request by Cindee
Wolf with Design Solutions, applicant to rezone 9 parcels totaling
approximately 7.28 acres of land located at the 7600 block of Carolina
Beach Road between North and South Seabreeze Roads from R-15,
Residential to (CZD) CS, Commercial Services for a commercial business
parking consisting of 28,300 maximum square feet of general retail,
restaurant, convenience store with fuel pumps, and other limited uses.
Rezoning Request (Z23-24)Seabreeze Residential - Request by Cindee
Wolf with Design Solutions, applicant to rezone approximately 0.44 acres
zoned B-2, Regional Business located at 1132 Seabreeze Road to (CZD) R-
Planning Board - January 4, 2024
ITEM: 1 - 15 - 7
2
7, Residential for a maximum of two single-family detached residential
dwelling units.
Rezoning Request (Z23-25) Covenant II - Request by Cindee Wolf with
Design Solutions, applicant to rezone approximately 10.95 acres zoned R-
20, Residential and (CZD) RMF-M, Residential Multi-Family Moderate
Density located at the 3100 block of Blue Clay Road to (CZD) R-5,
Residential Moderate-High Density for a maximum of 180 dwelling units.
January 8, 2024 Board of Commissioners Meeting
Not available for comment.
Please select the case for
comment.
PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of
Carolina Beach Rd
What is the nature of your
comment?
Oppose project
Public Comment Please don’t allow gas station, or 2 fast food restaurants.
Thank you Kim Cooper
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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,
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Planning Board - January 4, 2024
ITEM: 1 - 15 - 8
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Tuesday, December 26, 2023 9:47 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8026 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 Kaplan
Address 7208 Grouper Court
City Wilmington
State NC
Zip Code 28409
Email kristenpkaplan@gmail.com
Please select the case for
comment.
PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of
Carolina Beach Rd
What is the nature of your
comment?
Oppose project
Public Comment I strongly oppose Z23-23 - Seabreeze Commercial - & Z23-24 -
Seabreeze Residential.
This rezoning request is not in the best interest of our
community or any of the neighboring communities, especially
Sea Breeze.
The proposed development is too intense and will make the
intersection of Sea Breeze and Carolina Beach Roads even
Planning Board - January 4, 2024
ITEM: 1 - 15 - 9
2
more dangerous than it already is. It will also produce
additional noise, trash, bright lights, and a disruption to the
residential neighborhood feel that currently exists along CB
Road from Myrtle Grove Road to Snow's Cut Bridge.
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 - January 4, 2024
ITEM: 1 - 15 - 10
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Wednesday, December 27, 2023 12:25 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8042 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 Michael
Last Name Wixted
Address 732 Ocracoke Dr.
City Wilmington
State NC
Zip Code 28412
Email wixt57@gmail.com
Please select the case for
comment.
PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of
Carolina Beach Rd
What is the nature of your
comment?
Oppose project
Public Comment These (9) parcels should not be changed from Existing Zoning
R-15. New Hanover county needs additional housing for this
community. The commercial property brings no additional value
and effects the quality living in the area. The commercial (CZD)
CB zoning change request --will only bring additional traffic and
congestion to the area. This is high traffic area -with many
safety concerns at this time. I asked the NHC Planning Board
to reject this proposal, and maintain R-15 zoning for this area.
Planning Board - January 4, 2024
ITEM: 1 - 15 - 11
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Wednesday, December 20, 2023 7:36 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #7971 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 Randi
Last Name Mingia
Address 805 Tarpon dr
City Wilmington
State Nc
Zip Code 28409
Email randileighwheatley@gmail.com
Please select the case for
comment.
PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of
Carolina Beach Rd
What is the nature of your
comment?
Oppose project
Public Comment The zone change will be inconsistent with surrounding uses. It
will increase traffic and crime in the area and reduce our
property values. We strongly oppose this project.
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.
Planning Board - January 4, 2024
ITEM: 1 - 15 - 12
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Tuesday, December 26, 2023 6:28 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8034 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 Rob
Last Name Kaplan Jr
Address 7208 Grouper Court
City Wilmington
State NC
Zip Code 28409
Email kaplancrew6@gmail.com
Please select the case for
comment.
PB Meeting - Z23-23 - Seabreeze Commercial - 7600 block of
Carolina Beach Rd
What is the nature of your
comment?
Oppose project
Public Comment While I'm open to a thoughtful, mixed use project that provides
small shops, professional services, and local food and
beverage, the proposed plans would intensify traffic concerns
at an already dangerous intersection, bring additional noise,
trash, lights and a disruption to the residential neighborhood
feel that currently exists along Carolina Beach Road. I strongly
oppose the current plans.
Upload supporting files
Planning Board - January 4, 2024
ITEM: 1 - 15 - 13
N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 1/4/2024
Regular
D E PA R T M E N T: Planning P R E S E N T E R (S ): Zach D ickerson, Senior Planner
C O N TA C T (S ): Zach D ickerson; Robert Farrell, D evelo pment Review Supervisor; Rebekah Roth, Planning &
L and U se D irector
S U B J EC T:
P ublic Hearing
Rezoning Request (Z 23-24) – Request by C indee Wolf with Design S olu9ons, applicant to rezone approximately
0.44 acres zoned B-2, Reg ional B usiness loc ated at 1132 S eab reeze Road to (C Z D) R-7, Residen9 al for a maximum
of two single-family detached residen9al dwelling units.
B R I E F S U M M A RY:
T he a pplicant is propo sing to rezone appro ximately 0.44 acres from B -2, Regional B usiness to (C ZD ) R -7, Residen0al,
for a maximum o f two single-family lots.
T he applicant's concept plan outlines two approximately 10,000 square f o o t lo ts on the site.
T he B -2 distric t in this area was established in 1971. At the 0me, the purpo se of the B -2 district wa s to encourage
business development in the historic Seabreeze area. Since that 0me, private water and sewer services have become
available to the surrounding area thro ugh AQ UA. However, that service line do es not extend to this pro perty. T he
parcel is loca ted within the histo ric Seabreeze neighbo rhood. E stablished in the mid-1920's, the area was a prime
vaca0on reso rt f o r African Americans within southeastern N orth C a ro lina f ro m the 1930's thro ugh the 1950's.
T he R -7 district was established to provide lands that accommodate mo derate density residen0al develo pment with a
range o f ho using types (and income levels, including quality affordable housing), that are located walka ble distances to
jobs, sho pping, and entertainment, and where appropriate, serve a s a transi0on between mo re intensive and lo wer
density areas. Residen0al development at the sca le a llo wed in the district sho uld suppo rt the effi cient delivery of public
services and increase residents’ accessibility to employment, public transpo rta0on and shopping.
As currently zoned, the B -2 site would allow a small-scale commercial opera0on based on size of parcel and requisite
develo pment standards f o r commercial uses. A small B -2 parcel like this could be co nducive to a resta ura nt, bar o r
event center.
T he pro posed R -7 residen0al development would generate approximately 1 A M peak hour trip and 2 P M peak hour
trips decreasing the number of A M trips by approxima tely 7 and the number of P M trips by 20.
T he propo sed project is located along a loca l road that currently has capacity. Seabreeze Roa d is currently accessed
off o f C arolina B each Road, a principal a rteria l highway which is hea vily traveled but with a vaila ble capacity. T ho ugh
there are no S T I P pro jects in this area, this development wo uld result in an overall trip reduc0on from what could be
develo ped with the exis0ng zoning. T his project wo uld ha ve very liBle traffi c impact o n the surrounding area.
Students living in the pro posed develo pment would be assigned to Anderso n E lementary School, Murray Middle
Planning Board - January 4, 2024
ITEM: 2
School and Ashley High School. B ased o n a generalized historic genera0on rate, staff wo uld es0ma te the increase in
ho mes would result in appro ximately 0 more students than would be generated under current zoning.
T his area was the focus o f the Seabreeze Small Area Plan, created in 1989. T he reco mmenda0o ns for the area
included a revitaliza0o n o f the businesses and a redevelo pment of the waterfront. H o wever, this revitaliza0o n ha s no t
been accomplished since the a dop0o n o f the plan, and some o f the histo ric structures have been converted into luxury
ho mes. T here is a propo sed commercial development at the entra nce o f Seabreeze.
T he C o mprehensive Plan designates this property as C o mmunity Mixed U se which focuses on small-scale, co mpact,
mixed use develo pment paBerns that serve all mo des of travel and act a s an aBracto r for county residents and visito rs.
Types of a ppro pria te uses include o ffice, retail, mixed use, rec rea 0o nal, c o mmercia l, ins0tu0onal, and mul0-family and
single-f amily residen0al.
T he parcel is located within the southern po r0o n of the C ounty and accessed by S Seabreeze Road, which co nnects
directly to C arolina B each Ro ad. Due to the size and shape of parcels in the area, lo ca0on o f nearby residen0al, and
regula0o ns f o r B -2 zoned proper0es, poten0al fo r c o mmercia l development o f the parcels would be challenging.
T he pro posed rezo ning is generally C O N S I S T E N T with the 2016 C o mprehensive Plan because it pro vides housing in
line with the purpo ses and intent of the C ommunity Mixed U se pla ce type.
S T R AT EGI C P L A N A L I G N M E N T:
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
Staff ’s reco mmenda0o n is based on the policy guidance of the 2016 C o mprehensive Plan, zo ning co nsidera0ons, and
technical review.
W hile the propo sed density of 4.2 dwelling units per acre fits under the maximum recommended density o f the
C o mmunity Mixed U se Place Type, the exis0ng condi0ons of the site, including the V E C oastal H igh Ha za rd Area flood
designa0o n, large live o ak trees, lack of available wa ter and sewer, and surro unding remaining B -2 zoned parcels make
this parcel very limited in developability.
A s a result, S taff recommends disapproval of th e proposal a nd suggests the following mo0on:
I move to reco mmend D E N I A L of the propo sed rezo ning. W hile I find it to be C O N S I S T E N T with the
purposes and intent of the C omprehensive Pla n bec ause it provides ho using densi0es in line with the
C ommunity Mixed U se Place Type, I find rec o mmending DE N I A L o f the rezo ning request is reasonable
and in the public interest because of the C ounty ’s go al to limit residen0a l develo pment in floo d prone
areas, a nd because of the challenges in develo ping the site at the pro posed density given the site f eatures
desired to be pro tected.
A lterna9 ve M o9on for A P P R OVA L (if based on informa0o n presented at the public hearing o r o ther co nsidera0on
beyond the sco pe o f staff review, the board finds a ppro val a ppro pria te.)
I mo ve to recommend A P P R OV A L of the propo sed rezoning. I fi nd it to be C O N S I S T E N T with the
purposes and intent of the C omprehensive Pla n bec ause it provides ho using densi0es in line with the
C ommunity Mixed U se Place Type, and I fi nd recommending A P P R OVA L of the rezoning request is
reasonable and in the public interest bec ause the propo sal would benefi t the community by providing
mo re ho using op0o ns.
Planning Board - January 4, 2024
ITEM: 2
Rec ommended C ondi9ons (if the Board finds approv al appropriate.)
1. B o th live o ak trees o n the property will be preserved as pa rt o f this development.
2. N o accesso ry dwelling units will be permiBed o n these lots.
3. T here will be one driveway cut for both lots.
AT TA C H M E N T S :
Descrip0on
Z23-24 PB Script
Z23-24 PB Staff Report
Z23-24 Zoning Map
Z23-24 Land Use Map
Z23-24 Mailout Map
Initial Application Cover Sheet
Z23-24 Application
Concept Plan Cover Sheet
Z23-24 Concept Plan
Public Comments Cover Sheet
Z23-24 Public Comments
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - January 4, 2024
ITEM: 2
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z23-24)
Rezoning Request (Z23-24) – Request by Cindee Wolf with Design Solutions, applicant to rezone
approximately 0.44 acres zoned B-2, Regional Business located at 1132 Seabreeze Road to (CZD) R-7,
Residential for a maximum of two single-family detached residential 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 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 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 it provides housing densities
in line with the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning
request is reasonable and in the public interest because of the County’s goal to limit residential
development in flood prone areas, and because of the challenges in developing the site at the
proposed density given the site features desired to be protected.
Alternative Motion for APPROVAL (if based on information presented at the public hearing or
other consideration beyond the scope of staff review, the board finds approval appropriate.)
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 it provides housing densities in line
with the Community Mixed Use Place Type, and I find recommending APPROVAL of the
rezoning request is reasonable and in the public interest because the proposal would benefit
the community by providing more housing options.
Planning Board - January 4, 2024
ITEM: 2 - 1 - 1
Recommended Conditions (if the Board finds approval appropriate.)
1. Both live oak trees on the property will be preserved as part of this development.
2. No accessory dwelling units will be permitted on these lots.
3. There will be one driveway cut for both lots.
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 - January 4, 2024
ITEM: 2 - 1 - 2
Z23-24 Staff Report PB 1.4.2024 Page 1 of 15
STAFF REPORT FOR Z23-24
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z23-24
Request:
Rezoning to a Conditional R-7 district
Applicant: Property Owner(s):
Cindee Wolf, Design Solutions Sandra E McKeithan
Location: Acreage:
1132 Seabreeze Rd 0.444
PID(s): Comp Plan Place Type:
R08519-001-002-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Residential (2 lots)
Current Zoning: Proposed Zoning:
B-2, Regional Business (CZD) R-7, Residential District
SURROUNDING AREA
LAND USE ZONING
North Detached Single-Family Residential, built in 1930
(predates zoning) B-2
East Intracoastal Waterway N/A
South Bed and Breakfast B-2
West Boat and Boat Trailer Storage B-2
Planning Board - January 4, 2024
ITEM: 2 - 2 - 1
Z23-24 Staff Report PB 1.4.2024 Page 2 of 15
ZONING HISTORY
April 7, 1971 Initially zoned B-2 (Area 4)
COMMUNITY SERVICES
Water/Sewer
Neither water nor sewer services are available through CFPUA. The AQUA
system does serve part of Seabreeze Road, but this property would only
be serviceable via a mainline extension. The property could be served
through private well and septic permitted through NHC Environmental
Health.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Federal Point Station
Schools Anderson Elementary, Murray Middle, and Ashley High Schools
Recreation Veterans Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
No known conservation resources on-site. However, there are open tidal
waters just outside the eastern property boundary which prescribe a 75’
Conservation Overlay District setback on the site.
Historic
While undeveloped, the parcel is located within the historic Seabreeze
neighborhood. Established in the mid-1920’s, the area was a prime vacation
resort for African Americans within southeastern North Carolina from the
1930’s through the 1950’s before a decline stemming from Hurricane Hazel
in 1954, financial trouble, and the end of segregation in the 1960’s.
Archaeological No known archaeological resources
Planning Board - January 4, 2024
ITEM: 2 - 2 - 2
Z23-24 Staff Report PB 1.4.2024 Page 3 of 15
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
• The applicant is proposing to subdivide and build two single-family homes on these two lots.
• Under the proposed R-7 zoning district, lots must be a minimum of 7,000 sq ft in area and
be a minimum of 50’ wide.
• The applicant’s proposed conceptual plan includes two lots which meet the prescribed R-7
and COD setbacks.
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75’ COD
Setback Line
Lot 2
Lot 1
Planning Board - January 4, 2024
ITEM: 2 - 2 - 3
Z23-24 Staff Report PB 1.4.2024 Page 4 of 15
ZONING CONSIDERATIONS
• The B-2 district in this area was established in 1971. At the time, the purpose of the B-2
district was to encourage business development in the historic Seabreeze area. Since that
time, private water and sewer services have become available to the surrounding area
through AQUA. However, that service line does not extend to this property.
• While the site is zoned B-2, the acreage of the site limits its availability to be easily
developed for a B-2 use.
• Additionally, residential properties are not required to install buffers where they abut
commercial properties.
• As currently zoned, the subject site would be allowed a small-scale commercial operation
based on size of parcel and requisite development standards for commercial uses. A small
B-2 parcel like this could be conducive to a restaurant, bar or event center.
• The R-7 district was established to provide lands that accommodate moderate density
residential development with a range of housing types (and income levels, including quality
affordable housing), that are located walkable distances to jobs, shopping, and
entertainment, and where appropriate, serve as a transition between more intensive and
lower density areas. Residential development at the scale allowed in the district should
support the efficient delivery of public services and increase residents’ accessibility to
employment, public transportation and shopping.
• The property was granted a variance in 2015, ZBA-902, for a proposed commercial
development. The development did not materialize, and if the rezoning is approved, the
variance would not be needed due to the setbacks required by the R-7 district.
• There is a significant live oak and a specimen live oak on the property. As currently zoned,
a tree removal permit would be required for removal of the significant tree and a variance
would be required for removal of the specimen. If rezoned and subdivided into residential
lots less than one acre, the trees could be removed without a tree removal permit. Staff
recommends a condition requiring retention of trees on-site if the rezoning is approved.
• UDO Section 5.4.3 prescribes transitional buffers where commercial uses abut residential
uses. There is an existing commercial use of a bed and breakfast on the parcel to the south.
When residential uses are established adjacent existing commercial establishments, these
buffers are not required.
• If approved, the project would be subject to 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 - January 4, 2024
ITEM: 2 - 2 - 4
Z23-24 Staff Report PB 1.4.2024 Page 5 of 15
AREA DEVELOPMENTS
Planning Board - January 4, 2024
ITEM: 2 - 2 - 5
Z23-24 Staff Report PB 1.4.2024 Page 6 of 15
TRANSPORTATION
Planning Board - January 4, 2024
ITEM: 2 - 2 - 6
Z23-24 Staff Report PB 1.4.2024 Page 7 of 15
CURRENT CONDITIONS
Intensity of Current Zoning
Typical development under current zoning would allow
an approximate maximum 3,700 sq ft commercial
establishment.
PROPOSED ACCESS
Primary Access S Seabreeze Rd
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway S Seabreeze Rd
Type of Roadway Local Road
Roadway Planning Capacity (AADT) 4,000*
Latest Traffic Volume (AADT) 400
Latest WMPO Point-in-Time County (DT) N/A
Current Level of Congestion Available Capacity
NEARBY NCDOT STIP ROADWAY PROJECTS
No Nearby STIP Projects
TRAFFIC GENERATION
Traffic
Generated by
Present
Designation
Traffic Generated
by Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 8 1 -2
PM Peak Hour Trips 22 2 -20
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 local road that currently has capacity. Seabreeze Road is
currently accessed off of Carolina Beach Road, a principal arterial highway which is heavily traveled
but with available capacity. Though there are no STIP projects in this area, this development wo uld
result in an overall trip reduction from what could be developed with the existing zoning. This project
would have very little traffic impact on the surrounding area.
*Seabreeze Road does not have a listed planning capacity. The WMPO and NCDOT use a base
4,000 vehicles per day for those road types because it is the minimum threshold necessary for
NCDOT to discuss roadway capacity improvements.
Planning Board - January 4, 2024
ITEM: 2 - 2 - 7
Z23-24 Staff Report PB 1.4.2024 Page 8 of 15
ENVIRONMENTAL
• The property is not within a Natural Heritage Area.
• The property is wholly within the VE Coastal High Hazard Area, which would require
elevation certificates and additional development standards as prescribed in the UDO.
• Per UDO Section 3.1.3.D.2.b.2, no areas designated as AE or VE special flood hazard
areas shall have a residential density that exceeds 2.5 units per acre. This proposal’s density
is 4.2 units per acre.
• The property is not noted within the watersheds layer in New Hanover County GIS.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I (Suitable) soils.
OTHER CONSIDERATIONS
Schools
• Students living in the proposed development would be assigned to Anderson Elementary
School, Murray Middle School, and Ashley High School. Students may apply to attend
public magnet, year-round elementary, or specialty high schools.
• A maximum of 0 dwelling units would be permitted under the current B-2 zoning base
density, and 2 units could potentially be developed under the proposed zoning for an
increase of 2 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 0 additional students than would be generated under
current zoning.
• The general student generation rate provides only an estimate of anticipated student yield
as different forms of housing at different price points yield different numbers of students.
• Over the past four years, staff has also seen a decline in the number of students generated
by new development. Between the 2020-2021 school year and the 2023-2024 school
year, total student population decreased by approximately 300 students, while over
11,000 new residential units were constructed.
• The county uses the most current New Hanover County Schools Facilities Needs Study in its
analysis and it currently shows the student population is anticipated to only grow by
approximately 1,300 students over the next 10 years. However, a more recent New
Hanover County School Facility Utilization Study presented to the School Board in
September 2023 indicates only approximately 400 more students by the 2032-2033
school year, though numbers are anticipated to be higher during certain school years over
the next ten years. This updated study has not been fully reviewed by Planning staff or
presented to the Board of Commissioners. That is expected to occur in early 2024.
Planning Board - January 4, 2024
ITEM: 2 - 2 - 8
Z23-24 Staff Report PB 1.4.2024 Page 9 of 15
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 0 residential units Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
Proposed Zoning 2 residential units Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
*The current general student generation rate was calculated by dividing the New Hanover County public school student
enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an
average of 0.21 public school students (0.10 for elementary, 0.04 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** (2023-2024 School Year)
*Enrollment is based on the New Hanover County Schools student numbers for the 2023-2024 school year.
**Capacity calculations were determined based on the capacities for the 2023-2024 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.
• The more recent New Hanover County Schools School Facility Utilization Study has been
prepared and was presented to the School Board in September 2023, and it identifies
updated capacity upgrade projects that will be presented to the Board of Commissioners
at the planned work session in early 2024.
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 90% Anderson 603 569 106% None
Middle 88% Murray 896 889 101% None
High 100% Ashley 1910 1900 100.5% None
Planning Board - January 4, 2024
ITEM: 2 - 2 - 9
Z23-24 Staff Report PB 1.4.2024 Page 10 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-7 rezoning
will provide new 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.
Natural Areas and Critical Environmental
Features are Enhanced and Protected
Reduce the number of new residential lots created
in special flood hazard areas within the
unincorporated county. This proposed rezoning
would create two new residential lots in the
special flood hazard area.
Planning Board - January 4, 2024
ITEM: 2 - 2 - 10
Z23-24 Staff Report PB 1.4.2024 Page 11 of 15
Representative Developments
Representative Developments of B-2 (Existing Zoning):
Small-Scale Commercial Development
Representative Residential Developments of Seabreeze:
S Seabreeze Rd
Planning Board - January 4, 2024
ITEM: 2 - 2 - 11
Z23-24 Staff Report PB 1.4.2024 Page 12 of 15
Context and Compatibility
• The property is located within the southern portion of the County and accessed by S
Seabreeze Road, which connects directly to Carolina Beach Road, a principal arterial
highway.
• The subject site is located within the Seabreeze community, which served as a beach resort
community for African Americans from the 1930’s to the 1950’s. While the subject site is
undeveloped, a few structures from this community remain within the general vicinity.
• This area was the focus of the Seabreeze Small Area Plan, created in 1989. The
recommendations for the area included a revitalization of the businesses and a
redevelopment of the waterfront. However, this revitalization has not been accomplished
since the adoption of the plan, and some of the historic structures have been converted into
luxury homes.
• There is a proposed commercial development at the entrance of Seabreeze.
• The parcels surrounding the subject property and in the immediate vicinity are zoned B-2;
the parcel directly to the south has been a Bed and Breakfast since 2004.
• . Due to the size and shape of parcels in the area, location of nearby residential, and
regulations for B-2 zoned properties, potential for commercial development of the parcels
would be challenging.
• Given the need for private wells and septic systems or the extension of private utilities, the
area has not experienced the anticipated commercial growth intended by the initial B-2
zoning in the area.
• The change of zoning from the B-2 parcel to an R-7 would result in the adjacent parcel to
the south becoming a legal nonconformity due to the setbacks and buffering that are
required for B-2 parcels that abut residential uses.
• The existing land uses within the area include a mix of small and large single-family
dwellings and boat storage.
• While the land of the subject sites is located within the VE flood zone, development at the
scale proposed by the R-7 zoning district exists within other portions of the County that share
similar flood risks, namely the beach communities of Wrightsville Beach, Carolina Beach and
Kure Beach.
Planning Board - January 4, 2024
ITEM: 2 - 2 - 12
Z23-24 Staff Report PB 1.4.2024 Page 13 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 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.
Planning Board - January 4, 2024
ITEM: 2 - 2 - 13
Z23-24 Staff Report PB 1.4.2024 Page 14 of 15
Analysis
The B-2 zoning was originally applied to this part of Seabreeze in 1971 to
encourage light commercial development in the area. The Community Mixed
Use Place Type was applied to this area during the development of the
2016 Comprehensive Plan to support and encourage the mix of uses
envisioned in the 1989 Seabreeze Small Area Plan. However, the size and
shape of the parcels and lack of private water and sewer limited this
development, and much of the intended commercial revitalization did not
materialize. The majority of this portion of Seabreeze remains zoned for
commercial use, which would be congruent with the Community Mixed Use
Place Type.
While this area is designated for moderate densities and mixed residential
and commercial uses, the entire parcel is within the VE Coastal High Hazard
Area. Generally, lower residential densities are recommended for flood
prone areas in the Comprehensive Plan to reduce the number of
homeowners with higher risks of flood damage. There are several locations
in the county other than the Seabreeze area, for instance the western bank
area across from downtown Wilmington, portions of Monkey Junction, and
land near Cape Fear Community College North Campus, where higher
densities and intensities are recommended for areas in flood zones, though.
Staff has historically interpreted that place type classifications seeking
higher intensity and mixed uses are intended to override density limits more
generally placed in flood prone areas, as lower densities would not allow
the place type recommendations but flood proofing and engineering
solutions could mitigate risks that might be associated with higher densities.
AQUA water and sewer services to this lot would only be available through
a mainline extension; otherwise, this property can only be serviced through
a well and septic system permitted through NHC Environmental Health. The
two large live oak trees on the property further limit the developability of
this parcel.
Consistency
Recommendation
The proposed rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because it provides housing in line with the purposes
and intent of the Community Mixed Use Place Type.
Planning Board - January 4, 2024
ITEM: 2 - 2 - 14
Z23-24 Staff Report PB 1.4.2024 Page 15 of 15
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review.
While the proposed density of 4.2 dwelling units per acre fits under the maximum recommended
density of the Community Mixed Use Place Type, the existing conditions of the site, including the VE
Coastal High Hazard Area flood designation, large live oak trees, lack of available water and
sewer, and surrounding remaining B-2 zoned parcels make this parcel very limited in
developability.
As a result, Staff recommends disapproval of the proposal and suggests the following motion:
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 it
provides housing densities in line with the Community Mixed Use Place Type, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest
because of the County’s goal to limit residential development in flood prone areas, and
because of the challenges in developing the site at the proposed density given the site
features desired to be protected.
Alternative Motion for APPROVAL (if based on information presented at the public hearing or
other consideration beyond the scope of staff review, the board finds approval appropriate.)
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 it
provides housing densities in line with the Community Mixed Use Place Type, and I find
recommending APPROVAL of the rezoning request is reasonable and in the public
interest because the proposal would benefit the community by providing more housing
options.
Recommended Conditions (if the Board finds approval appropriate.)
1. Both live oak trees on the property will be preserved as part of this development.
2. No accessory dwelling units will be permitted on these lots.
3. There will be one driveway cut across both lots.
Planning Board - January 4, 2024
ITEM: 2 - 2 - 15
Planning Board - January 4, 2024
ITEM: 2 - 3 - 1
Planning Board - January 4, 2024
ITEM: 2 - 4 - 1
Planning Board - January 4, 2024
ITEM: 2 - 5 - 1
Initial Application
Documents & Materials
Planning Board - January 4, 2024
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 Sandra E. McKeithan
Design Solutions
P.O. Box 7221 7622 Scout Camp Hatila Road
Wilmington, NC 28406 Wilmington, NC 28409
910-620-2374 910-395-6482
cwolf@lobodemar.biz sean@brellare.com
(Sean Brella - Contract Purchaser)
Planning Board - January 4, 2024
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.
1132 Seabreeze Road S 313111.66.1042 [R08519-001-002-000]
(CZD) R-7 0.444 ac.
0.444 ac +/-Community Mixed-Use
Two (2) Single-family Lots N/A
B-2 & R-15 / Vacant
Planning Board - January 4, 2024
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 (ITE 210)
Two (2) DU
2 2
Planning Board - January 4, 2024
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 - January 4, 2024
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 - January 4, 2024
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 - January 4, 2024
ITEM: 2 - 7 - 6
Planning Board - January 4, 2024
ITEM: 2 - 7 - 7
Planning Board - January 4, 2024
ITEM: 2 - 7 - 8
Planning Board - January 4, 2024
ITEM: 2 - 7 - 9
SITEE
NOT FOR REAL ESTATENNOOOOOOTTTTFOOOOOOORRRREEREEEAAAALEEEESSSSSSSTSTAAAAATTTTTEENNNOOTTTTT FFFFFOOOOORR R R RREEEEEEAAL EEESSSSSSSSTTTTATATAAATAATEEE
SALES OR CONVEYANCE
PRELIMINARYPPRRREEEEEEELLLLLLLIIMMMMMMIIINNNNNNAAAAAAAAARRYYYYYY
Tract Area Calculated to
the Normal High-Water Line
20,660 s.f. (0.474 acres)
Planning Board - January 4, 2024
ITEM: 2 - 7 - 10
Legal DescripƟon for
CondiƟonal District Rezoning of
1132 S. Seabreeze Road
Beginning at a point in the eastern boundary of S. Seabreeze Road (S.R. 1531), a 30’ Public right-
of-way; said point being located approximately 198 feet from where the road right-of-way
makes a 900 turn to the North; and running thence with the S. Seabreeze Road right-of-way,
North 00056’51” West, 94.61 feet to a point; thence
North 89048’39” East, 227.93 feet to a point at the normal high-water line of the AtlanƟc
Intracoastal Water Way; thence with that line,
South 06048’01” West, 13.73 feet to a point; thence
South 14050’51” West, 18.08 feet to a point; thence
South 08044’25” West, 23.35 feet to a point; thence
South 05006’04” West, 39.73 feet to a point; thence away from the water,
South 89034’25” West, 213.03 feet to the point and place of beginning, containing 20,660
square feet, or 0.474 acres, more or less.
Planning Board - January 4, 2024
ITEM: 2 - 7 - 11
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
1132 S. Seabreeze Road 313111.66.1042 [R08519-001-002-000]
Wednesday, October 25, 2023 / 6:00 p.m.
In-person Shelter #2 Veterna's Park
Closest proximity of a County Park facility to the project location
Attendees were supportive of the change of zoning, as long as the condition of just two (2) single-familybuilding lots was included.
The proximity of AQUA public water & sewer mains was discussed. Some of the neighbors have serviceconnections, but the subject tract is not along any system frontage for either service.
Private wells and septic systems are an option, but extension of the system would be embraced.
The potential schedule for the rezoning process was given. I let everyone know that I am always availableby telephone or email for future information or questions.
Planning Board - January 4, 2024
ITEM: 2 - 7 - 12
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
The verbiage and exhibit included with the meeting notification described rezoning to CZD / R-10. However, an additional exibit was provided at the meeting for a CZD / R-7 district instead. That designation would allow a more aesthetic layout of the two homes, and was preferred.
CAW
CAW
CAW
CAW
Cindee Wolf / Design Solutions
10/26/23
Planning Board - January 4, 2024
ITEM: 2 - 7 - 13
Planning Board - January 4, 2024
ITEM: 2 - 7 - 14
Planning Board - January 4, 2024
ITEM: 2 - 7 - 15
Planning Board - January 4, 2024
ITEM: 2 - 7 - 16
PROPERTY OWNERS WITHIN A 500' PERIMETER OF 1132 SEABREEZE ROAD SOUTH:
ADJACENT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP
BIGGS CARL L JOSSIE P 2225 ARYNESS DR VIENNA VA 22181
BRYANT CHARLES G JOHANNA 1008 S 11TH ST WILMINGTON NC 28401
CAPONE CHRISTOPHER A NATALIE 1004 SEABREEZE RD WILMINGTON NC 28409
CARTER HACKNEY & HUDSON LLC 102 OXFORD RD LUMBERTON NC 28358
COOPER GERALD D 4498 OCCOQUN VIEW CT WOODBRIDGE VA 22192
DINKINS FAMILY LIVING TRUST 1017 ROSA PARKS LN WILMINGTON NC 28409
DINKINS MICHAEL 625 VALLIE LN WILMINGTON NC 28412
DOLEY ENTERPRISE LLC 2125 S 48TH ST STE 102 TEMPE AZ 85282
FORD JOHN M CAROL S 1074 S SEABREEZE RD WILMINGTON NC 28409
FREEMAN WILLIAM EDWARD 924 ROSCOE FREEMAN AVE WILMINGTON NC 28409
GILGAN PATRICE A 1113 ELM ST WILMINGTON NC 28409
HINNANT CORDELIA ETAL 1011 BROAD AVE GREENSBORO NC 27406
HUGGINS RENEE TANYA 9524 MADISON CREEK CONVERSE TX 78109
JONES HASSONIL 2125 S 48TH ST STE 102 TEMPE AZ 85282
JOSEY REBECCA 59 RAMBLEWOOD DR NEWBURGH NY 12550
LINGERFELT NATHAN AMANDA 1000 S SEABREEZE RD WILMINGTON NC 28409
LOCKWOOD MELBA REV LIV TR 9524 CHASTAIN WALK DR CHARLOTTE NC 28216
LOVITT KENNETH R LISA J 6712 FINIAN DR WILMINGTON NC 28409
MCKEITHAN SANDRA E 7622 SCOUT CAMP HATILA RD WILMINGTON NC 28409
PHILLIPS TERRILYN CELECIA 809 BLUEBIRD LN WILMINGTON NC 28409
POMPEY BOBBY LEE 5744 TAFT PL MERRILLVILLE IN 46410
SCANLON CATHERINE M 1068 S SEABREEZE RD WILMINGTON NC 28409
SEABREEZE PIER OWNERS ASSO 1054 S SEABREEZE RD WILMINGTON NC 28409
SEABREEZE STORAGE INCORP 834 S SEABREEZE RD WILMINGTON NC 28409
SNOW SHANE S ANNIE L 806 TEXAS AVE CAROLINA BEACH NC 28428
STRUBLE RAYMOND R KELLY M 1054 S SEABREEZE RD WILMINGTON NC 28409
TAYLOR DONAVAN JR THELMA 1144 SEABREEZE RD WILMINGTON NC 28409
TUCKER ELTON G TRUSTEE 165 SHELTER WOOD DR BURGAW NC 28425
TYLEE STEVEN KATHERINE 1056 S SEABREEZE RD WILMINGTON NC 28409
WELBORN BRANDON M JESSICA 1022 S SEABREEZE RD WILMINGTON NC 28409
WILLIAMS BLONIE HEIRS 11565 HAAS AVE HAWTHORNE CA 90250
WILSON ANTHONY MONICA 6114 WILLOWOOD RD KANNAPOLIS NC 28081
WINNER W W SHIRLEY A 8100 RIVER RD WILMINGTON NC 28412
WINNER WALTER WAYNE II ETAL 8100 RIVER RD WILMINGTON NC 28412
WIVELL BRADLEY W 1017 S SEABREEZE RD WILMINGTON NC 28409
WRIGHT DEBORAH Y 2209 SAINT JOAN PL ACCOKEEK MD 20607
Planning Board - January 4, 2024
ITEM: 2 - 7 - 17
October 12, 2023
To: Adjacent Property Owners
This is a notice of a community information meeting for an upcoming rezoning request. The property is
located at 1132 Seabreeze Avenue South. The current Owner is Sandra McKeithan, and my client is a
contracted purchaser. The rezoning request would be from the current Highway Business (B-2) district, to
(CZD) R-10, a conditional residential district, for division of the tract into two (2) residential lots. The meeting
is an opportunity for further explanation of the proposal and for questions to be answered concerning project
improvements, benefits and impacts.
The subject tract is approximately 0.47 acres. The New Hanover County parcel number (PIN) is
313111.66.1042, with a tax identification (PID) of R08519-001-002-000. Your property is located in the
proximity, within a 500’ perimeter, of the proposed project.
This proposal would require approval from New Hanover County Board of Commissioners. A Conditional
Zoning District allows particular uses to be established only in accordance with specific standards and
conditions pertaining to each individual development project.
A meeting will be held on Wednesday, October 25th, 6:00 p.m., at the Veteran’s Park Picnic Shelter #2. The
location is off the parking lot north of the tennis courts. (See Map below)
If you cannot attend, you are also welcome to contact 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 - January 4, 2024
ITEM: 2 - 7 - 18
Planning Board - January 4, 2024
ITEM: 2 - 7 - 19
Planning Board - January 4, 2024
ITEM: 2 - 7 - 20
Planning Board - January 4, 2024
ITEM: 2 - 7 - 21
Planning Board - January 4, 2024
ITEM: 2 - 7 - 22
Concept Plan
Planning Board - January 4, 2024
ITEM: 2 - 8 - 1
Planning Board - January 4, 2024
ITEM: 2 - 9 - 1
Public Comments
In Support 1
Neutral 0
In Opposition 2
Planning Board - January 4, 2024
ITEM: 2 - 10 - 1
1
Dickerson, Zachary
From:JOHN FORD <jmford139@msn.com>
Sent:Monday, December 18, 2023 8:15 AM
To:Dickerson, Zachary
Subject:Re: REZONING 1132 Seabreeze Rd
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Thanks for the reply and please put my comment in the public forum.
John
On Dec 18, 2023, at 7:48 AM, Dickerson, Zachary <zdickerson@nhcgov.com> wrote:
Hi Mr. and Mrs. Ford,
Thanks for your comment- given that we haven't opened the public comment portal yet for this case,
would you like me to include this in the public comments that are being submitted to the Planning
Board?
Zach
Zachary Dickerson
Senior Planner – Development Review
New Hanover County - Planning & Land Use - Planning & Zoning
(910) 798-7450 p | (910) 798-7838 f
zdickerson@nhcgov.com
230 Government Center Drive, Suite 110
Wilmington, NC 28403
www.NHCgov.com
-----Original Message-----
From: JOHN FORD <jmford139@msn.com>
Sent: Friday, December 15, 2023 9:15 AM
To: Dickerson, Zachary <zdickerson@nhcgov.com>
Subject: REZONING 1132 Seabreeze Rd
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Would love to see this lot rezoned to residential it’s not suitable for a business because of the flood zone
and parking limitations.
As B2 it would probably end up being more junk storage or boat trailer storage.
Thanks,
John and Carol Ford
1074 S Seabreeze Rd
Planning Board - January 4, 2024
ITEM: 2 - 11 - 1
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Tuesday, December 26, 2023 9:48 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8027 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 Kaplan
Address 7208 Grouper Court
City Wilmington
State NC
Zip Code 28409
Email kristenpkaplan@gmail.com
Please select the case for
comment.
PB Meeting - Z23-24 - Seabreeze Residential - 1132
Seabreeze Rd
What is the nature of your
comment?
Oppose project
Public Comment I strongly oppose Z23-23 - Seabreeze Commercial - & Z23-24 -
Seabreeze Residential.
This rezoning request is not in the best interest of our
community or any of the neighboring communities, especially
Sea Breeze.
The proposed development is too intense and will make the
intersection of Sea Breeze and Carolina Beach Roads even
Planning Board - January 4, 2024
ITEM: 2 - 11 - 2
2
more dangerous than it already is. It will also produce
additional noise, trash, bright lights, and a disruption to the
residential neighborhood feel that currently exists along CB
Road from Myrtle Grove Road to Snow's Cut Bridge.
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.
File 1 Field not completed.
File 2 Field not completed.
File 3 Field not completed.
File 4 Field not completed.
Email not displaying correctly? View it in your browser.
Planning Board - January 4, 2024
ITEM: 2 - 11 - 3
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Tuesday, December 26, 2023 6:29 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8035 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 Robert
Last Name Kaplan
Address 7208 Grouper Court
City Wilmington
State NC
Zip Code 28409
Email kaplancrew6@gmail.com
Please select the case for
comment.
PB Meeting - Z23-24 - Seabreeze Residential - 1132
Seabreeze Rd
What is the nature of your
comment?
Oppose project
Public Comment While I'm open to a thoughtful, mixed use project that provides
small shops, professional services, and local food and
beverage, the proposed plans would intensify traffic concerns
at an already dangerous intersection, bring additional noise,
trash, lights and a disruption to the residential neighborhood
feel that currently exists along Carolina Beach Road. I strongly
oppose the current plans.
Upload supporting files
Planning Board - January 4, 2024
ITEM: 2 - 11 - 4
N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 1/4/2024
Regular
D E PA R T M E N T: Planning P R E S E N T E R (S ): L ove O , D evelo pment Review Planner
C O N TA C T (S ): L o ve O , Development Review Planner; Robert Farrell, Development Review Superviso r;
Rebekah Roth, Planning and L and U se D irector
S U B J EC T:
P ublic Hearing
Rezoning Request (Z 23-25) - Request by C indee Wolf with Desig n S olu9ons, applicant to rezone approximately
10.95 ac res zoned R -20, Residen9 al and (C Z D) R -5, Residen9al M oderate-High Density loc ated at the 3100 block of
B lue C lay Road to (C Z D) R M F-M , Residen9al M ul9-Family M oderate Density for a maximum of 180 dwelling
units.
B R I E F S U M M A RY:
T he applicant is propo sing to rezo ne appro ximately 10.94 acres from (C Z D) R -5, Residen1al Moderate-High Density
and R -20, Residen1al located at 3100 B lock at B lue C lay Road to (C ZD) R MF-M, Residen1al Mul1-Family Mo derate
Density f o r a maximum of 180 mul1-family dwelling units.
T he propo sed rezoning is intended to construct 15 three sto ry mul1-f amily dwelling units f o r an affordable housing
develo pment. T he co ncept plan also includes a co mmunity clubho use, parking, o pen space, and stormwater
management. I n the descrip1o n of the project, the develo pment is intended to provide aff o rdable units within the 60-
120% Are Median I nco me (A M I ). T he pro posed C ZD R M F-M rezoning will pro vide new aached single-fa mily ho mes
in an area of the county tha t is largely single-f amily, detached and can aid in achieving the ta rget of increasing the
ho using supply to a level o f o ne residen1al unit per every two residents.
I n 2022 the property was rezoned to (C Z D ) R -5 f o r the development o f 17 quadraplexes for a total o f 68 units. T he
purpo se o f R -5 is to pro vide lands that accommo da te modera te to high density residen1al develo pment on smaller lots
with a co mpact and walkable development paern.
T he purpo se o f the R M F -M district is to provide lands that a c c o mmo da te modera te density single-family and mul1-
family develo pment. T he R M F-M district is a transi1onal district between intensive no nresiden1al development and
higher density residen1al areas.
As currently zoned, the site is permied 17 mul1-f amily dwelling units and is currently vacant.
I t is es1mated the site would generate approximately 52 A M and 69 P M peak hour trips if develo ped at the permied
densi1es o f the current (C Z D ) R -5 and R -20 zo ning districts. T he propo sed (C Z D ) R M F-M development is es1mated to
generate 90 A M and 83 PM peak hour trips, increasing the es1mated number o f peak hour trips by approxima tely 38
A M and 14 P M trips.
T he proposed pro ject is located along a minor arterial road tha t currently has capacity. Several o ther projects are
currently under review or development in the vic inity; and while their traffic impact analysis did not take into acco unt,
all were developed to take into acco unt general traffi c growth in the area. D uring the ini1al C o venant I I rezo ning,
concerns were raised about the lack of public transporta1o n in the a rea given the aff o rdable housing aspect of the
Planning Board - January 4, 2024
ITEM: 3
pro jec t. Since then the co unty ha s ini1ated a micro-transit program, with WAV E off ering point-to-po int transit
opportuni1es thro ugho ut the county. While the T I A would no t be required for development o f the site as it exists and
is propo sed, the site must be reviewed and approved thro ugh the N C D OT driveway permit process.
T he es1mated traffic generated from the site under the 100 peak ho ur thresho ld that triggers the ordinance
requirement for a Traffic I mpact Analysis (T I A).
Students living in the proposed development wo uld be assigned to Wrightsboro E lementa ry School, Holly Shelter
Middle School, and N ew H ano ver H igh School. B ased on generalized historic genera1on rate, staff would es1mate the
increase in homes would result in appro ximately 24 addi1onal students than the es1mated number of students
generated under exis1ng zoning.
T he C o mprehensive Plan designa tes this pro perty as C ommunity Mixed U se, a place type that focuses on small-scale,
compact, mixed use development pa erns that serve all modes o f travel and a ct as an aractor fo r co unty residents
and visito rs. Types of appropriate uses include offi ce, retail, mixed use, recrea1onal, co mmercial, ins1tu1o nal, and
mul1-f amily and single-family residen1al.
O ne of the primary goals of the 2016 C omprehensive Pla n is to provide f o r a range of ho using types, opportuni1es, and
cho ices so that ci1zens are not overburdened with the c o sts o r availability o f housing but have a diverse range o f
op1o ns that are a ffordable at different income levels. T he aff o rdability range that could be pro vided by this project
wo uld help to a ddress one of the largest affordability gaps iden1fi ed in the updated Housing N eeds Assessment
presented to the C ommissioners in Spring 2023.
However, the density of 16.4 units/acre pro posed for this pro ject exceeds the 12-15 mul1-f amily units/acre
reco mmended f o r the C o mmunity Mixed U se place type. S taff has co nsidered including more flexibility in densi1es f o r
affordable pro jects as part of the residen1al density amendment an1cipated to be part o f the first tranche o f
C o mprehensive Plan upda te amendments. However, that change in policy ha s no t been veed or tho ro ughly analyzed
at this point.
T he pro posed rezo ning request is generally I N C O N S I S E N T with the 2016 C omprehensive Plan because while the
pro posed project could serve a s a transi1o n between lower intensity and higher intensity development in the area and
pro vide needed a ffordable housing sto ck, the density propo sed exceeds wha t is reco mmended for the C o mmunity
Mixed U se Plan Type.
S T R AT EGI C P L A N A L I G N M E N T:
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
Sta ff ’s recommenda1on is based on the policy guidance o f the 2016 C omprehensive Pla n, zo ning co nsidera1ons, and
technical review. W hile the project wo uld increase the supply of dedicated aff o rdable housing in the area—the
exis1ng C Z D R -5 zoning distric t did not include a specific c o ndi1o n for affordability though tha t was the pro perty
owner ’s intent—the pro posed density is above what is reco mmended in the C o mprehensive Plan. Eff o rts have begun
to consider whether more flexibility in density is appropriate f o r affordable develo pments, but that has not been veed
or tho ro ughly analyzed at this point.
A s a result, S taff recommends disapproval of th e proposal and sug gests the following mo9on:
W hile the pro posed project co uld serve as a transi1on between lower intensity and higher intensity development in the
area and pro vide needed aff ordable housing sto c k, I mo ve to reco mmend D E N I A L o f the propo sed rezo ning. I find it
Planning Board - January 4, 2024
ITEM: 3
to be I N C O N S I S T E N T with the purposes and intent o f the C omprehensive Plan because the propo sed density of the
develo pment exceeds the density reco mmended f o r the C o mmunity Mixed U se place type. I also find reco mmending
D E N I A L of the rezoning request is reasonable a nd in the public interest because the project is more intensive than
neighboring proper1es and not consistent with the develo pment paern in the area.
A lterna9 ve M o9on for A P P R OVA L (if based on informa1o n presented at the public hearing o r o ther co nsidera1on
beyond the sco pe o f staff review, the board finds a ppro val a ppro pria te.)
I move to recommend A P P R OVA L of the proposed rezoning. W hile I fi nd it to be I N C O N S I S T E N T with the purposes
and intent of the C omprehensive Pla n because the pro posed density of the develo pment exceeds the density
reco mmended f o r the C ommunity Mixed U se pla c e type, I fi nd reco mmending A P P R OVA L o f the rezo ning request is
reaso nable and in the public interest because the propo sed pro ject provides a variety o f housing op1ons and addi1o nal
affordable ho using units in the county, with the following condi1ons:
E xis9ng condi9ons to remain in effect:
1. Street trees shall be provided along the bounda ry with the R a chel's Place Subdivisio n.
2. T he connec1o n to R achel's Place shall be gated a nd limited to emergency vehicle access.
3. A fenced buffer shall be provided along the northern pro perty line and fencing shall be incorpo rated along the
so uthern property line.
4. E xis1ng trees alo ng the drainage ditch to the north shall be retained o utside of clearing necessary for stormwater
conveyance and maintenance.
A ddi9 onal applicant proposed condi9on:
1. T he pro ject will include a minimum of 100% o f the units as workforce ho using units tha t have either been appro ved
for L ow I ncome Tax C redit funding o r an agreement between the develo per and co unty will be required. I f required,
the agreement shall be established before the issuanc e of a ny C er1ficate of O ccupancy f o r the project and specif y:
-Affordability will be made available for a perio d o f no less than 15 years with rental limits based upo n H U D income
limits o f 80% A M I .
-T he number of affordable units provided;
-T he inco me limits;
-Rent limits subject to annual change;
-T he period o f 1me wo rkfo rce housing units must remain aff o rda ble;
-Any other criteria necessary for compliance and monito ring;
-An established 1meframe for annual repor1ng from the develo per or owner o f the develo pment to N ew Hanover
C o unty. Annual reports shall provide the following minimum inf o rma1on.
- U nit number
- B edro o m number
- Household size
- Tenant inco me
- Rent rate
Planning Board - January 4, 2024
ITEM: 3
- T he developer o r owner o f the development shall repo rt a ny mi-year lease changes to wo rkf o rce housing units to
N ew H ano ver C o unty to ensure lease changes remain c o mplia nt with the agreement.
- I f the to tal number o f wo rkf o rce housing units falls belo w the minimum o f 100% before the expira1on of the
minimum 15-year period o f aff ordability the development shall be subject to enforcement measures f o und in Ar1cle 12
V io la1ons and E nforcement of the U nified D evelopment O rdina nce.
AT TA C H M E N T S :
Descrip1on
Z23-25 PB Script
Z23-25 PB Staff Report
Z23-25 Zoning Map
Z23-25 Future Land Use Map
Z23-25 Mailout Map
Z23-25 Application Cover Sheet
Z23-25 Application
Z23-25 Concept Plan Cover Sheet
Z23-25 Concept Plan
Z23-25 Public Comments
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - January 4, 2024
ITEM: 3
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z23-25)
Request by Cindee Wolf with Design Solutions, applicant to rezone approximately 10.95 acres zoned R -20,
Residential and (CZD) R-5, Residential Moderate-High Density located at the 3100 block of Blue Clay Road to
(CZD) RMF-M, Residential Multi-Family Moderate Density for a maximum of 180 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 Denial
I move to recommend DENIAL of the proposed rezoning. I find it to be INCONSISTENT with
the purposes and intent of the Comprehensive Plan because the proposed density of the
development exceeds the density recommended for the Community Mixed Use place type. I
also find recommending DENIAL of the rezoning request is reasonable and in the public interest
because the project is more intensive than neighboring properties and not consistent with the
development pattern in the area.
Alternative Motion for Approval
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because 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. Street trees shall be provided along the boundary with the Rachel’s Place Subdivision.
Planning Board - January 4, 2024
ITEM: 3 - 1 - 1
2. The connection to Rachel’s Place shall be gated and limited to emergency vehicle access.
3. A fenced buffer shall be provided along the northern property line and fencing shall be
incorporated along the southern property line.
4. Existing trees along the drainage ditch to the north shall be retained outside of clearing
necessary for stormwater conveyance and maintenance.
Proposed Conditions:
1. The project will include a minimum of 100% of the units as workforce housing units that
have either been approved for Low Income Tax Credit funding or an agreement
between the developer and county will be required. If required, the agreement shall
be established before the issuance of any Certificate of Occupancy for the project and
specify:
• Affordability will be made available for a period of no less than 15 years with
rental limits based upon HUD income limits of 80% AMI.
• The number of affordable units provided;
• The income limits;
• Rent limits subject to annual change;
• The period of time workforce housing units must remain affordable;
• Any other criteria necessary for compliance and monitoring;
• An established timeframe for annual reporting from the developer or owner of
the development to New Hanover County. Annual reports shall provide the
following minimum information.
o Unit number
o Bedroom number
o Household size
o Tenant income
o Rent rate
• The developer or owner of the development shall report any mid-year lease
changes to workforce housing units to New Hanover County to ensure lease
changes remain compliant with the agreement.
• If the total number of workforce housing units falls below the minimum of 100%
before the expiration of the minimum 15-year period of affordability the
development shall be subject to enforcement measures found in Article 12
Violations and Enforcement of the Unified Development Ordinance.
Planning Board - January 4, 2024
ITEM: 3 - 1 - 2
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) RMF-M
district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the
Comprehensive Plan because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in
the public interest because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
Planning Board - January 4, 2024
ITEM: 3 - 1 - 3
Z23-25 Staff Report PB 1.4.2024 Page 1 of 17
STAFF REPORT FOR Z23-25
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z23-25
Request:
Rezoning to a Conditional RMF-M district
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions New Beginning Christian Church, Inc.
Location: Acreage:
3100 Block Blue Clay Road 10.94
PID(s): Comp Plan Place Type:
R03300-003-002-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Maximum180 Multi-Family Dwelling Units
Current Zoning: Proposed Zoning:
CZD R-5, Conditional Zoning District Residential
Moderate High Density and R-20 Residential
(CZD) RMF-M, Conditional Residential Multi-
Family Moderate Density
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential (Ivy Wood Subdivision) R-10
East North Kerr Industrial Park I-2
South Single-Family Residential (Rachel’s Place Subdivision) (CZD) R-10
West New Beginning Christian Church and Covenant I
Residential Development R-20, R-10
Planning Board - January 4, 2024
ITEM: 3 - 2 - 1
Z23-25 Staff Report PB 1.4.2024 Page 2 of 17
ZONING HISTORY
July 1, 1974 Initially rezoned R-20 (Area 10A)
April 4, 2016 Portion of parcel rezoned to (CZD) R-10 as part of a larger rezoning to
allow for the development of a performance residential subdivision
May 2, 2022 Rezoned (CZD) R-5 for the development of 17 quadraplex buildings for a
total of 68 units
COMMUNITY SERVICES
Water/Sewer CFPUA public water and sewer available through a mainline extension.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Wrightsboro Station
Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High
Schools
Recreation Cape Fear Optimist Park, Blue Clay Bike Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - January 4, 2024
ITEM: 3 - 2 - 2
Z23-25 Staff Report PB 1.4.2024 Page 3 of 17
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
• The applicant is proposing to rezone a 10.94-acre parcel to (CZD) RMF-M to construct a
180-unit attached housing development at a density of 16.4 units per acre. The proposed
plan also includes associated parking, a clubhouse, and common amenities.
• The proposed development consists of 15 multi-family buildings on the parcel, which is
bounded to the east by Blue Clay Road between the Ivy Wood neighborhood to the north
and the Rachel’s Place neighborhood to the south. The building heights are proposed at a
maximum of three stories.
• The applicant has submitted architectural designs of the proposed multi-family dwelling us
as part of the conceptual plan.
• The community clubhouse is located on the eastern portion of the parcel, close to the southern
boundary of the parcel along the proposed private drive New Beginning Drive.
• The existing stormwater infiltration basin located on the western portion of the site will be
expanded to accommodate for the proposed development.
• A 30’ wide drainage easement is indicated along the northern boundary of the project
adjacent to property zoned or developed as R-10, Residential District.
Planning Board - January 4, 2024
ITEM: 3 - 2 - 3
Z23-25 Staff Report PB 1.4.2024 Page 4 of 17
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 that housing served by private septic and wells would be devel oped
at low densities. Since that time, water and sewer services have become available to the
surrounding area, however, the Blue Clay Road corridor remains primarily zoned for low
density housing and industrial uses.
• Rezoning case Z-950 was approved in 2016 and resulted in the subject site being split
zoned (CZD) R-10 and R-20. Case Z-950 was a rezoning request to construct a 46-unit
performance residential district. The current subject site was intended at the time to contain
16 of these lots, as well as recreation space and 30 lots were to be located on another
portion of the parent tract.
• Rezoning case Z-966 approved Covenant I, a 68-unit Senior Housing residential
development. Covenant I is located on the site where the original 30 lots for Z-950 were
to be constructed. The subject site for Covenant II still contains the (CZD) RMF-M zoning tied
to case Z-950.
• Approved May 2, 2022, case Z22-08 rezoned approximately 9.6 acres of a 10.94-acre
site from R-20 and (CZD) R-10 to (CZD) R-5 for a 68-unit attached housing development.
• The purpose of the RMF-M, Residential Multi-Family Moderate Density District is to provide
lands that accommodate moderate density single-family and multi-family development.
• The proposed 180-unit development equates to a density of 16.4 units per acre. The RMF-
M district allows up to 17 units per acre by-right.
• In the description of the project, the development is intended to provide affordable units
within the 60-120% Are Median Income (AMI).
• The proposed development as well as the existing development do not connect in with the
stub at Galway Road, a publicly dedicated road. Staff has been recently informed by
representatives from NCDOT that if a connection is not made, Galway Road will never be
eligible for addition to the state maintenance system. This information was not provided at
the time of the previous rezoning request.
• 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 - January 4, 2024
ITEM: 3 - 2 - 4
Z23-25 Staff Report PB 1.4.2024 Page 5 of 17
Z22-08 Original Concept Plan - Includes Staff Markups
Planning Board - January 4, 2024
ITEM: 3 - 2 - 5
Z23-25 Staff Report PB 1.4.2024 Page 6 of 17
AREA DEVELOPMENTS
Planning Board - January 4, 2024
ITEM: 3 - 2 - 6
Z23-25 Staff Report PB 1.4.2024 Page 7 of 17
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow
a maximum of 17 single-family dwelling units.
PROPOSED ACCESS
Primary Access 3100 Block Blue Clay Rd.
Secondary Access N/A
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Blue Clay Rd.
Planning Board - January 4, 2024
ITEM: 3 - 2 - 7
Z23-25 Staff Report PB 1.4.2024 Page 8 of 17
Type of Roadway Minor arterial
Roadway Planning Capacity (AADT) 10,979
Latest Traffic Volume (AADT) 6,900 (2022)
Latest WMPO Point-in-Time County (DT) 6,001 (7/2022)
Current Level of Congestion Has capacity
NEARBY NCDOT STIP ROADAWAY PROJECTS
U-5853 – NC 133 Widening
(Unfunded at this time, est. 2025)
I-140/US 17 (Wilmington Bypass) to SR 1310 (Division
Drive) in Wilmington. Widen to multi-lanes. Currently
unfunded.
U-5954 – NC 133 Roundabout
Construction of a roundabout at the intersection of NC
133 (Castle Hayne Rd.) and SR 1302 (23rd St.)
Right of Way Year: 2025
Construction Year: 2017
TRAFFIC GENERATION
Traffic
Generated by
Present
Designation
Traffic Generated
by Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 52 90 +38
PM Peak Hour Trips 69 83 +14
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).
Planning Board - January 4, 2024
ITEM: 3 - 2 - 8
Z23-25 Staff Report PB 1.4.2024 Page 9 of 17
SUMMARY
The proposed project is located along a minor arterial roadway that currently has capacity. 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. During the initial Covenant II rezoning, concerns were raised about the lack
of public transportation in the area given the affordable housing aspect of the project. Since then
the county has initiated a micro-transit program, with WAVE offering point-to-point transit
opportunities throughout the county. The proposed project’s peak hour traffic is below the 100 peak
hour threshold requiring a traffic impact analysis, but NCDOT will review the project through the
driveway permitting process.
ENVIRONMENTAL
• The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
• 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 limitations for septic suitability) and Class III (severe
limitations for septic suitability). However, the site is expected to be served by CFPUA when
developed.
OTHER CONSIDERATIONS
Schools
• Students living in the proposed development would be assigned to 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 68 dwelling units would be permitted under the current (CZD) R-5 zoning
base density, and 180 units could potentially be developed under the proposed zoning for
an increase of 112 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 24 additional students than would be generated under
current zoning.
• The general student generation rate provides only an estimate of anticipated student yield
as different forms of housing at different price points yield different numbers of students.
• Over the past four years, staff has also seen a decline in the number of students generated
by new development. Between the 2020-2021 school year and the 2023-2024 school
year, total student population decreased by approximately 300 students, while over
11,000 new residential units were constructed.
• The county uses the most current New Hanover County Schools Facilities Needs Study in its
analysis, and it currently shows the student population is anticipated to only grow by
approximately 1,300 students over the next 10 years. However, a more recent New
Hanover County School Facility Utilization Study presented to the School Board in
Planning Board - January 4, 2024
ITEM: 3 - 2 - 9
Z23-25 Staff Report PB 1.4.2024 Page 10 of 17
September 2023 indicates only approximately 400 more students by the 2032-2033
school year, though numbers are anticipated to be higher during certain school years over
the next ten years. This updated study has not been fully reviewed by Planning staff or
presented to the Board of Commissioners. That is expected to occur in early 2024.
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 (CZD R-5) 68 residential units Approximate** Total: 14
(7 elementary, 3 middle, 5 high)
Proposed Zoning (CZD) RMF-
M 180 residential units Approximate** Total: 38
(18 elementary, 7 middle, 13 high)
*The current general student generation rate was calculated by dividing the New Hanover County public school student
enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an
average of 0.21 public school students (0.10 for elementary, 0.04 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** (2023-2024 School Year)
*Enrollment is based on the New Hanover County Schools student numbers for the 2023-2024 school year.
**Capacity calculations were determined based on the capacities for the 2023-2024 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 90% Wrightsboro 484 595 81% None
Middle 88% Holly Shelter 818 991 83% None
High 100% New Hanover 1531 1678 91.2% None
Planning Board - January 4, 2024
ITEM: 3 - 2 - 10
Z23-25 Staff Report PB 1.4.2024 Page 11 of 17
• The more recent New Hanover County Schools School Facility Utilization Study has been
prepared and was presented to the School Board in September 2023, and it identifies
updated capacity upgrade projects that will be presented to the Board of Commissioners
at the planned work session in early 2024.
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. The
project is proposed as affordable workforce
housing which typically provides housing
opportunities within the range of 60-120%
AMI. The Housing Needs Assessment estimates
an overall housing gap of 5,361 rental units
and 5,962 for sale units within the range of 60-
120% AMI.
Natural areas and critical environmental
features are enhanced and protected.
No critical environmental features have been
identified on the property and the project
requires a minimum 20% open space for
performance residential developments.
Planning Board - January 4, 2024
ITEM: 3 - 2 - 11
Z23-25 Staff Report PB 1.4.2024 Page 12 of 17
Representative Developments
Representative Developments of R-5:
Wrightsville Place
Leeward Village
Planning Board - January 4, 2024
ITEM: 3 - 2 - 12
Z23-25 Staff Report PB 1.4.2024 Page 13 of 17
Representative Developments of RMF-M:
The Parks at Three Oaks
Stephens Pointe
Planning Board - January 4, 2024
ITEM: 3 - 2 - 13
Z23-25 Staff Report PB 1.4.2024 Page 14 of 17
Context and Compatibility
• The subject property is located on a minor arterial road and abuts the Wrightsboro
commercial node.
• The property is adjacent to residentially zoned property to the north and south, the New
Beginning Christian Church to the west, and the N. Kerr Industrial Park is located across Blue
Clay Road to the east.
• The proposal is at a density higher than that of the adjacent residential land uses. The
adjacent developments, zoned R-10 have a density of 3.3 dwelling units an acre.
• The proposed height will be limited to 3 stories, which is the maximum allowed height within
the RMF-M district.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that
serve all modes of travel and act as an attractor for county residents and
visitors. Types of appropriate uses include office, retail, mixed use,
recreational, commercial, institutional, and multi-family and single-family
residential.
Planning Board - January 4, 2024
ITEM: 3 - 2 - 14
Z23-25 Staff Report PB 1.4.2024 Page 15 of 17
Analysis
The subject property is located in the northern portion of the county along
a minor arterial road and is in the general vicinity of the Wrightsboro
neighborhood commercial node and other commercial services. The
development pattern in the area has changed over the past several years,
with several residential development projects and approvals, including
Rachel’s Place, the Covenant I, Blue Clay Townes, and the Trask RMF-L
project to the north, all of which have densities between 3-10 units per acre.
The Comprehensive Plan classifies the property as Community Mixed Use,
which promotes development of a mix of residential, office, and retail uses
at moderate densities while also providing a transition between the existing
lower density housing and higher intensity employment centers, such as the
N. Kerr Industrial Park.
As the site is located between two existing single-family developments on
the north and south, abuts an existing religious institution to the west, and is
across Blue Clay Road from industrially-zoned properties to the east. These
areas are classified as General Residential and Employment Center within
the Future Land Use Map. As such, residential densities higher than those
seen for adjacent properties could be appropriate for the site and could
serve as appropriate infill and transitional development between those two
land use classifications.
In addition, one of the primary goals of the 2016 Comprehensive Plan is to
provide for a range of housing types, opportunities, and choices so that
citizens are not overburdened with the costs or availability of housing but
have a diverse range of options that are affordable at different income
levels. The affordability range that could be provided by this project would
help to address one of the largest affordability gaps identified in the
updated Housing Needs Assessment presented to the Commissioners in
Spring 2023.
However, the density of 16.4 units/acre proposed for this project exceeds
the 12-15 multi-family units/acre recommended for the Community Mixed
Use place type. Staff has considered including more flexibility in densities
for affordable projects as part of the residential density amendment
anticipated to be part of the first tranche of Comprehensive Plan update
amendments. However, that change in policy has not been vetted or
thoroughly analyzed at this point.
Consistency
Recommendation
While the proposed project could serve as a transition between lower
intensity and higher intensity development in the area and provide needed
affordable housing stock, the density proposed exceeds what is
recommended for the Community Mixed Use Plan Type, so it is generally
INCONSISTENT with the 2016 Comprehensive Plan.
Planning Board - January 4, 2024
ITEM: 3 - 2 - 15
Z23-25 Staff Report PB 1.4.2024 Page 16 of 17
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. While the project would increase the supply of dedicated
affordable housing in the area—the existing CZD R-5 zoning district did not include a specific
condition for affordability though that was the property owner’s intent—the proposed density is
above what is recommended in the Comprehensive Plan. Efforts have begun to consider whether
more flexibility in density is appropriate for affordable developments, but that has not been vetted
or thoroughly analyzed at this point.
As a result, Staff recommends disapproval of the proposal and suggests the following motion:
While the proposed project could serve as a transition between lower intensity and
higher intensity development in the area and provide needed affordable housing stock,
I move to recommend DENIAL of the proposed rezoning. I find it to be INCONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed density
of the development exceeds the density recommended for the Community Mixed Use
place type. I also find recommending DENIAL of the rezoning request is reasonable
and in the public interest because the project is more intensive than neighboring
properties and not consistent with the development pattern in the area.
Alternative Motion for APPROVAL (if based on information presented at the public hearing or
other consideration beyond the scope of staff review, the board finds approval appropriate.)
I move to recommend APPROVAL of the proposed rezoning. While I find it to be
INCONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed density of the development exceeds the density recommended for the
Community Mixed Use place type, I find recommending APPROVAL of the rezoning
request is reasonable and in the public interest because the proposed project provides
a variety of housing options and additional affordable housing units in the county.
Existing conditions to remain in effect:
1. Street trees shall be provided along the boundary with the Rachel’s Place Subdivision.
2. The connection to Rachel’s Place shall be gated and limited to emergency vehicle
access.
3. A fenced buffer shall be provided along the northern property line and fencing shall
be incorporated along the southern property line.
4. Existing trees along the drainage ditch to the north shall be retained outside of clearing
necessary for stormwater conveyance and maintenance.
Additional proposed conditions:
1. The project will include a minimum of 100% of the units as workforce housing units that
have either been approved for Low Income Tax Credit funding or an agreement
between the developer and county will be required. If required, the agreement shall
Planning Board - January 4, 2024
ITEM: 3 - 2 - 16
Z23-25 Staff Report PB 1.4.2024 Page 17 of 17
be established before the issuance of any Certificate of Occupancy for the project and
specify:
• Affordability will be made available for a period of no less than 15 years with
rental limits based upon HUD income limits of 80% AMI.
• The number of affordable units provided;
• The income limits;
• Rent limits subject to annual change;
• The period of time workforce housing units must remain affordable;
• Any other criteria necessary for compliance and monitoring;
• An established timeframe for annual reporting from the developer or owner of
the development to New Hanover County. Annual reports shall provide the
following minimum information.
o Unit number
o Bedroom number
o Household size
o Tenant income
o Rent rate
• The developer or owner of the development shall report any mid-year lease
changes to workforce housing units to New Hanover County to ensure lease
changes remain compliant with the agreement.
• If the total number of workforce housing units falls below the minimum of 100%
before the expiration of the minimum 15-year period of affordability the
development shall be subject to enforcement measures found in Article 12
Violations and Enforcement of the Unified Development Ordinance.
Planning Board - January 4, 2024
ITEM: 3 - 2 - 17
Planning Board - January 4, 2024
ITEM: 3 - 3 - 1
Planning Board - January 4, 2024
ITEM: 3 - 4 - 1
Planning Board - January 4, 2024
ITEM: 3 - 5 - 1
Initial Application
Documents & Materials
Planning Board - January 4, 2024
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
New Beginning Christian Church, Inc.
3120 Alex Trask Drive
Castle Hayne, NC 28429
910-341-7984
nbcc401@yahoo.com
(Contact: Pastor Rob Campbell)
Planning Board - January 4, 2024
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.
3100 Block Blue Clay Road 322020.91.7300 [R03300-003-002-000]
10.95 ac. (CZD) R-5 / Vacant Community Mixed-Use
(CZD) RMF-M 10.95 ac.
N/A180 Units (16.4 units / ac.)
Planning Board - January 4, 2024
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:
Affordable Housing (223)
180 Dwelling Units
Reference site plan for layout, proposed improvements and details.
** Street trees will be planted along both sides of Covenant Lane, staggered at a maximum of 18', on center.
90 83
Planning Board - January 4, 2024
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 - January 4, 2024
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 - January 4, 2024
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
CAW
CAW
CAW
N/A
CAW
Planning Board - January 4, 2024
ITEM: 3 - 7 - 6
Planning Board - January 4, 2024
ITEM: 3 - 7 - 7
Planning Board - January 4, 2024
ITEM: 3 - 7 - 8
Planning Board - January 4, 2024
ITEM: 3 - 7 - 9
Legal Description for (CZD) RMF-M Rezoning
The Covenant Family Residential Community
Beginning at a point located along the western boundary of Blue Clay Road, a 60’ public right-of-way;
said point being the southeast corner of Section One, Ivy Wood at Runnymeade, a subdivision recorded
among the land records of the New Hanover County Registry in Map Book 29, at Page 64; and running
thence from the point of beginning with the Blue Clay Road right-of-way,
South 12021’59” West, 332.88 feet to a point; thence leaving the right-of-way,
North 64044’03” West, 1273.59 feet to a point; thence,
South 23051’30” West, 30.04 feet to a point; thence
North 54039’49” West, 141.05 feet to a point; thence
North 34039’10” East, 392.64 feet to a point; thence,
South 62008’51” East, 1274.67 feet to the point and place of beginning, containing 10.95 acres, more
or less.
Planning Board - January 4, 2024
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
3100 Block of blue Clay Road 322020.91.7300 [R03300-003-002-000]
Wednesday, August 23, 2023 / 6:00 p.m.
In-person
Adjacent to the project site - 3120 Alex Trask Dr., Castle Hayne
New Beginning Christian Church, Inc.
Planning Board - January 4, 2024
ITEM: 3 - 7 - 11
Planning Board - January 4, 2024
ITEM: 3 - 7 - 12
Planning Board - January 4, 2024
ITEM: 3 - 7 - 13
Planning Board - January 4, 2024
ITEM: 3 - 7 - 14
Planning Board - January 4, 2024
ITEM: 3 - 7 - 15
PROPERTIES WITHIN 500' PERIMETER OF 3100 BLUE CLAY ROAD:
ADJACENT PROP OWNER ADDRESS CITY / STATE / ZIP
113 GREENVILLE AVENUE LLC PO BOX 1787 PITTSBORO NC 27312
ABELL CAMBY J SLOANE E 1313 ROOSTER CT CASTLE HAYNE NC 28429
ALLERS ELIZABETH ANN 3205 GALWAY RD CASTLE HAYNE NC 28429
ANDERS ERIN L 2157 BLUE BONNET CIR CASTLE HAYNE NC 28429
BARON COLIN ETAL 2166 BLUE BONNET CIR CASTLE HAYNE NC 28429
BARRINGTON JOHN E C 3209 S WOOLWITCH CT CASTLE HAYNE NC 28429
BATSON SYDNEY ETAL 3303 PRIMROSE LN CASTLE HAYNE NC 28429
BEAL PATRICK KATLYN 1305 ROOSTER CT CASTLE HAYNE NC 28429
BENTON MORGAN N JEROME M 117 RED FOX RD WILMINGTON NC 28409
BENTON ROSS H 3200 GALWAY RD CASTLE HAYNE NC 28429
BISSON PATRICK D JR 919 N TANGLEWOOD LN LIBERTY LAKE WA 99019
BLANKS DERRICK II ETAL 1312 ROOSTER CT CASTLE HAYNE NC 28429
BOSTIC BUILDING CORP 6622 GORDON RD WILMINGTON NC 28405
BOYETTE MOSLEY III CHARLYNE 2136 BLUE BONNET CIR CASTLE HAYNE NC 28429
BRADLEY MICHAEL ANTHONY 3209 GALWAY RD CASTLE HAYNE NC 28429
BRAY RAYMOND E JR ETAL 3213 GALWAY RD CASTLE HAYNE NC 28429
BRINSON PROPERTY HOLDINGS LLC 3108 KITTY HAWK RD WILMINGTON NC 28405
BUCHNER MARK R DIANE M 1264 BIG FIELD DR CASTLE HAYNE NC 28429
BURNS RONALD BRAFFORD 134 WINDEMERE RD WILMINGTON NC 28405
BYRD CELESTE W 2128 BLUE BONNET CIR CASTLE HAYNE NC 28429
CARVER COLLIN F ET UX 2048 BLUE BONNET CIR CASTLE HAYNE NC 28429
CHEERS APRIL JODIE 3204 ALWAYS RD CASTLE HAYNE NC 28429
CLOYD SHELBY HEWETT 3208 GALWAY RD CASTLE HAYNE NC 28429
CLYMER ANDREW W JENNIFER A 2154 BLUE BONNET CIR CASTLE HAYNE NC 28429
COVENANT SENIOR HOUSING LLC PO BOX 2400 BEAUFORT NC 28516
CUOMO DAVID P 3220 GALWAY RD CASTLE HAYNE NC 28429
CYRUS MORGAN E 2108 BLUE BONNET CIR CASTLE HAYNE NC 28429
DAVIDSON THOMAS P PATRICIA L 2158 BLUE BONNET CIR CASTLE HAYNE NC 28429
DICKENSON STEPHEN J CAROLINE 2150 BLUE BONNET CIR CASTLE HAYNE NC 28429
DILLON JAMES A PATRICIA L 609 LATTICE CT CASTLE HAYNE NC 28429
DJOSEY EDWARD KRISTINA TRUSTEES 138 WHITMAN AVE WILMINGTON NC 28429
DOWNS FRANCES I TRUSTEE ETAL 2162 BLUE BONNET CIR CASTLE HAYNE NC 28429
EDWARDS HEATHER C 1260 BIG FIELD DR CASTLE HAYNE NC 28429
ELDERS ADAM G 1309 ROOSTER CT CASTLE HAYNE NC 28429
FANN RONALD V JUDY L 2115 BLUE BONNET CIR CASTLE HAYNE NC 28429
FARRELL JOAN 2124 BLUE BONNET CIR CASTLE HAYNE NC 28429
FINN DAMIEN PAULA 2119 BLUE BONNET CIR CASTLE HAYNE NC 28429
FUSCO DENISE 1268 BIG FIELD DR CASTLE HAYNE NC 28429
GALLAGHER SCOTT D JAYNE 2132 BLUE BONNET CIR CASTLE HAYNE NC 28429
GLOVER ADAM S ETAL 3202 SKY CT CASTLE HAYNE NC 28429
GOMEZ LARRY KIMBERLY 2105 BLUE BONNET CIR CASTLE HAYNE NC 28429
GRACE INVESTMTS OF WILM LLC 340 WILD RICE WAY WILMINGTON NC 28412
HARRIS CHRISTOPHER N 3205 SKY CT CASTLE HAYNE NC 28429
Planning Board - January 4, 2024
ITEM: 3 - 7 - 16
HARTLEY CONNOR 2123 BLUE BONNET CIR CASTLE HAYNE NC 28429
HARTS CODY W SARA G 1241 BIG FIELD DR CASTLE HAYNE NC 28429
HOMMEL DAVID EDWARD FAITH 3222 ALEX TRASK DR CASTLE HAYNE NC 28429
JINOL SALVADOR KEELY 2052 BLUE BONNET CIR CASTLE HAYNE NC 28429
KELLUM CHRISTOPHER T EMILY 1308 ROOSTER CT CASTLE HAYNE NC 28429
KELLY RYAN ETAL 2139 BLUE BONNET CIR CASTLE HAYNE NC 28429
KELLY TUCKER MIRANDA D 2135 BLUE BONNET CIR CASTLE HAYNE NC 28429
KENNEDY WARREN III ASHLEY 1233 BIG FIELD DR CASTLE HAYNE NC 28429
KLUTZ DONNA M 2003 SHIRLEY RD WILMINGTON NC 28405
LEE REBECCA J ETAL 1276 BIG FIELD DR CASTLE HAYNE NC 28429
LEGWIN DAVID PAMELA 3206 S WOOLWITCH CT CASTLE HAYNE NC 28429
LEWIS CATHY HILL 3200 S WOOLWITCH CT CASTLE HAYNE NC 28429
LIGHT CARMEN L 2149 BLUE BONNET CIR CASTLE HAYNE NC 28429
LONG CHRISTIAN J ETAL 2044 BLUE BONNET CIR CASTLE HAYNE NC 28429
LORENZEN MARCI 2120 BLUE BONNET CIR CASTLE HAYNE NC 28429
MACPHERSON BRITTLYNN R 1265 BIG FIELD DR CASTLE HAYNE NC 28429
MAREADY MATTHEW MARY A 2153 BLUE BONNET CIR CASTLE HAYNE NC 28429
MARTIN CHRIS ALLEN 3216 ALEX TRASK DR CASTLE HAYNE NC 28429
MASCO NICOLE C 2109 BLUE BONNET CIR CASTLE HAYNE NC 28429
MILLER CATHY LYNN 3217 S WOOLWITCH CT CASTLE HAYNE NC 28429
MILLER MADELYN E 606 LATTICE CT CASTLE HAYNE NC 28429
NEWKIRK DORELL MCKENZIE 2043 BLUE BONNET CIR CASTLE HAYNE NC 28429
NICHOLS FRANCIS T 607 LATTICE CT CASTLE HAYNE NC 28429
NOBLES SHERWOOD MILDRED 3200 ALEX TRASK DR CASTLE HAYNE NC 28429
NORTON TABITHA 3201 GALWAY RD CASTLE HAYNE NC 28429
OKEEFE KATHLEEN 611 LATTICE CT CASTLE HAYNE NC 28429
PALMER HARVEY E 1272 BIG FIELD DR CASTLE HAYNE NC 28429
PERRY JACOB N ASHTON D 3221 GALWAY RD CASTLE HAYNE NC 28429
PERRY SUSAN E 2146 BLUE BONNET CIR CASTLE HAYNE NC 28429
PIGG SAMANTHA D ETAL 3210 S WOOLWITCH CT CASTLE HAYNE NC 28429
POPLIN JOHN L VICKY A 3207 S WHITEWOOD WAY CASTLE HAYNE NC 28429
PRIVETTE JACOB A 520 WHITE POINT LN TAYLORSVILLE NC 28681
PURDY VIRGINIA M 1253 BIG FIELD DR CASTLE HAYNE NC 28429
RACHELS PLACE HOA INC 6622 GORDON RD WILMINGTON NC 28411
RHEW JAMES C ET UX 1245 BIG FIELD DR CASTLE HAYNE NC 28429
RIDLEY ANGELA 3222 S WOOLWITCH CT CASTLE HAYNE NC 28429
RIFFLE GREGORY ETAL 3206 SKY CT CASTLE HAYNE NC 28429
ROBINSON RYNEE D 2165 BLUE BONNET CIR CASTLE HAYNE NC 28429
RODRIGUEZ THERESA P 3205 S WOOLWITCH CT CASTLE HAYNE NC 28429
ROSNEY MICHAEL MICHAELA 1304 ROOSTER CT CASTLE HAYNE NC 28429
RUDOLPH LARRY M KRISTI 3210 WHITEWOOD WAY CASTLE HAYNE NC 28429
RUSSELL CHRISTINA W 2131 BLUE BONNET CIR CASTLE HAYNE NC 28429
SCOTT GARY L 3216 GALWAY RD CASTLE HAYNE NC 28429
SIMMONS TROY M ETAL 2116 BLUE BONNET CIR CASTLE HAYNE NC 28429
SMITH RICHARD K HEIRS 3200 SKY CT CASTLE HAYNE NC 28429
SMITH TERRY L JR 3209 SKY CT CASTLE HAYNE NC 28429
SOPER ERICA A 2142 BLUE BONNET CIR CASTLE HAYNE NC 28429
Planning Board - January 4, 2024
ITEM: 3 - 7 - 17
STEVENS HILLARY P D ERIC M 1257 BIG FIELD DR CASTLE HAYNE NC 28429
STRICKLAND GAIL W 3218 S WOOLWITCH CT CASTLE HAYNE NC 28429
SUITS DANIEL CRAIG SUSAN C 3213 S WOOLWITCH CT CASTLE HAYNE NC 28429
TARR WILLIAM W PATRICIA R 1249 BIG FIELD DR CASTLE HAYNE NC 28429
TENNANT LINDA R 3206 WHITEWOOD WAY CASTLE HAYNE NC 28429
THOMPSON ASHLEY E 3214 S WOOLWITCH CT CASTLE HAYNE NC 28429
THOMPSON CONNIE K ETAL 3202 WHITEWOOD WAY CASTLE HAYNE NC 28429
THOMPSON ERNEST LOTOYA BATTLE 2161 BLUE BONNET CIR CASTLE HAYNE NC 28429
THOMPSON JEROD LEE JESSICA 3220 ALEX TRASK DR CASTLE HAYNE NC 28429
THOMPSON PATRICIA S 1237 BIG FIELD DR CASTLE HAYNE NC 28429
THORNE KELLY A MICHAEL B 1261 BIG FIELD DR CASTLE HAYNE NC 28429
TOMORI STEPHEN M TAYLOR 2169 BLUE BONNET CIR CASTLE HAYNE NC 28429
TRASCO INC 6336 OLEANDER DR STE 1 WILMINGTON NC 28403
VASCONEZ ALEXIS N 2127 BLUE BONNET CIR CASTLE HAYNE NC 28429
WELLS CALEB T 3221 WOOLWITCH CT CASTLE HAYNE NC 28429
WILLIAMS ANTHONY 3200 WHITEWOOD WAY CASTLE HAYNE NC 28429
WOODCOCK JOSEPH F PO BOX 10335 DES MOINES IA 50306
WORRELL KATRYN H 608 LATTICE CT CASTLE HAYNE NC 28429
ZELL WILLIAM G JENNIFER L 3212 ALEX TRASK DR CASTLE HAYNE NC 28429
ZINN BARON V 610 LATTICE CT CASTLE HAYNE NC 28429
Planning Board - January 4, 2024
ITEM: 3 - 7 - 18
August 11, 2023
To: Adjacent Property Owners
This is a notice of a community information meeting for an upcoming rezoning request on
behalf of New Beginning Christian Church, property owner. The rezoning request would be
from (CZD) R-5, a residential district with an approved concept plan for 68 homes, to (CZD)
RMF-17, a multi-family conditional district, for development of up to 180 homes. The meeting
is an opportunity for further explanation of the proposal and for questions to be answered
concerning project improvements, benefits and impacts.
The subject tract, in the 3100-block of Blue Clay Road, is approximately 10.95 acres. The New
Hanover County parcel number (PIN) is 322020.91.7300, and tax identification (PID) is R03300-
002-002-000. Your property is located in the proximity, within a 500’ perimeter, of the
proposed project.
This proposal would be for a Conditional Zoning District approval from New Hanover County. A
Conditional Zoning District allows particular uses to be established only in accordance with
specific standards and conditions pertaining to each individual development project.
Essentially, this means that only the specific use and the proposed site improvements of an
approved petition can be developed.
A meeting will be held on Wednesday, August 23th, 6:00 p.m., at the New Beginning Christian
Church, 3120 Alex Trask Dr., Castle Hayne. If you cannot attend, you are also welcome to
contact Cindee Wolf at telephone # 910-620-2374, or email cwolf@lobodemar.biz with
comments and/or questions.
The New Beginning Christian Church continues to work towards the final stage of their
community development efforts. This section of the residential community would be oriented
towards families. The Senior neighborhood phase, along Holland Drive, has recently started
construction. They appreciate your interest and look forward to continuing to be a good
neighbor and an asset to the community.
Planning Board - January 4, 2024
ITEM: 3 - 7 - 19
Planning Board - January 4, 2024
ITEM: 3 - 7 - 20
The Covenant
Family Community
Development by:
in association with
Planning Board - January 4, 2024
ITEM: 3 - 7 - 21
Planning Board - January 4, 2024
ITEM: 3 - 7 - 22
Covenant
Senior
(Under Construction)
Covenant
Family
(Proposed)
Planning Board - January 4, 2024
ITEM: 3 - 7 - 23
Planning Board - January 4, 2024
ITEM: 3 - 7 - 24
Planning Board - January 4, 2024
ITEM: 3 - 7 - 25
Proposed
(CZD) RMF-17
10.95 acres / 180 Units
= 16.4 Units per acre
Planning Board - January 4, 2024
ITEM: 3 - 7 - 26
Inter-connectivity to the
currently stubbed private
right-of-way required.
Intersection will be gated with
“knox-box” override system
that allows emergency
vehicles to access it efficiently
with siren controls.
Planning Board - January 4, 2024
ITEM: 3 - 7 - 27
Planning Board - January 4, 2024
ITEM: 3 - 7 - 28
Planning Board - January 4, 2024
ITEM: 3 - 7 - 29
Concept Plan
Planning Board - January 4, 2024
ITEM: 3 - 8 - 1
Planning Board - January 4, 2024
ITEM: 3 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 5
Planning Board - January 4, 2024
ITEM: 3 - 10 - 1
1
Farrell, Robert
From:noreply@civicplus.com
Sent:Thursday, December 28, 2023 1:16 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8063 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 Stephen
Last Name Tomori
Address 2169 Blue Bonnet Circle
City Castle Hayne
State North Carolina
Zip Code 28429
Email Steve@KindredSpiritsCSG.com
Please select the case for
comment.
PB Meeting - Z23- 25 - Covenant II - 3100 block of Blue Clay
Rd
What is the nature of your
comment?
Oppose project
Public Comment The idea of putting 180 dwelling units in such a small space is
ridiculous. Castle Hayne does not have the infrastructure to
support this manner of project. There aren't enough resources
like stores, not to mention roads and schools. The original
proposed plan of 68 townhomes is much better suited to the
neighborhoods surrounding this proposed project.
There has already been an increase in traffic due to all of the
additional housing that has been added to Sidbury road. The
Planning Board - January 4, 2024
ITEM: 3 - 10 - 2
2
rampant construction of new apartment complexes is
something that is plaguing this area and is clearly a means to
extract as much money from the local area without any concern
for the effect this has on people that have set down roots in the
area.
Please keep this a 68 unit project vs a 180 unit.
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.
File 1 Field not completed.
File 2 Field not completed.
File 3 Field not completed.
File 4 Field not completed.
Email not displaying correctly? View it in your browser.
Planning Board - January 4, 2024
ITEM: 3 - 10 - 3
3
Farrell, Robert
From:noreply@civicplus.com
Sent:Thursday, December 28, 2023 12:24 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8060 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 Katherine
Last Name Hedrick
Address 604 Carver Court
City Castle Hayne
State NC
Zip Code 28429
Email Reikikat368@gmail.com
Please select the case for
comment.
PB Meeting - Z23- 25 - Covenant II - 3100 block of Blue Clay
Rd
What is the nature of your
comment?
Oppose project
Public Comment Questions:
1. How will this affect my property tax?
2. How will this affect the value of my home?
3. Is this consider "section 8" / affordable housing? If so, what
is the vetting process for residence?
4. How much traffic on Alex Trask will increase? With
increased traffic, is there a plan for road resurfacing and/or
restructuring, and speed bumps?
5. How will this affect drainage and run-off that goes through
Planning Board - January 4, 2024
ITEM: 3 - 10 - 4
4
my backyard?
6. How will this affect water and sewage in the neighborhood?
Kind regards,
Katherine
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.
File 1 Field not completed.
File 2 Field not completed.
File 3 Field not completed.
File 4 Field not completed.
Email not displaying correctly? View it in your browser.
Planning Board - January 4, 2024
ITEM: 3 - 10 - 5
5
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, December 27, 2023 9:36 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8053 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 Hillary
Last Name Stevens
Address 1257 Big Field Dr
City Castle Hayne
State NC
Zip Code 28429
Email Field not completed.
Please select the case for
comment.
PB Meeting - Z23- 25 - Covenant II - 3100 block of Blue Clay
Rd
What is the nature of your
comment?
Oppose project
Public Comment I oppose the above project. The area that these apartments are
intended does not support the amount of individuals that would
be coming into the area. There is not enough infrastructure in
the community’s businesses now does this neighborhood want
that many individuals backing up to our homes.
Upload supporting files
Planning Board - January 4, 2024
ITEM: 3 - 10 - 6
7
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, December 27, 2023 7:14 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8051 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 Joan
Last Name Farrell
Address 2124 Blue Bonnet Circle
City Castle Hayne
State NC
Zip Code 24829
Email Joan.m.hewitt@gmail.com
Please select the case for
comment.
PB Meeting - Z23- 25 - Covenant II - 3100 block of Blue Clay
Rd
What is the nature of your
comment?
Oppose project
Public Comment I would like to state my opposition to the proposed zoning
change. The project would significantly change the character of
the neighborhood. Since attending the informational meeting,
I’ve taken note of the three story apartment complexes around
New Hanover County. I’m unaware of any that exist directly
between two established neighborhoods in such close
proximity. A three story complex is on College Road across
from a shopping center and next to a major grocery store. In
contrast to the College Road complex and other appropriately
Planning Board - January 4, 2024
ITEM: 3 - 10 - 7
8
placed three story apartments, the Covenant Project would not
be directly accessed from a commercial area. The narrow
access road that would serve the 180 units would create a
steady flow of traffic less than 60 ft from the small backyards
on Blue Bonnet Circle. The three story buildings are proposed
to have balconies that will look directly over their neighbor’s
yards. The amount of noise created by voices and vehicles
would have a negative impact on the quality of life. The roughly
ten acres would be covered almost entirely with buildings and
parking spaces with very little green space. How many square
feet of green space per resident is acceptable? This project
was recently rezoned to accommodate two story housing which
better fit with the density and character of the neighborhood.
The proposed rezoning would create an undesirable housing
environment for the two established neighborhoods and will
negatively affect the property values.
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Planning Board - January 4, 2024
ITEM: 3 - 10 - 8
9
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, December 27, 2023 4:55 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8049 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 Shelby
Last Name Coelho
Address 2244 blue bonnet circle
City Castle hayne
State NC
Zip Code 28429
Email Shelbyecoelho@gmail.com
Please select the case for
comment.
PB Meeting - Z23- 25 - Covenant II - 3100 block of Blue Clay
Rd
What is the nature of your
comment?
Oppose project
Public Comment This area is not set up to handle that much of an increase in
residents. We don’t have the public transit set up to service
apartments in that location. It would make much more sense
for apartments to be closer to food lion or Lowes, as most
apartment residents would need or prefer grocery stores and
bus stops within walking distance. Town homes make much
more sense in this particular block, surrounded by all of these
houses.
Planning Board - January 4, 2024
ITEM: 3 - 10 - 9
N E W H A N OV E R C O U N T Y P L A N N I N G B OA R D
R EQ U E S T F O R B OA R D A C T I O N
M E E T I N G DAT E : 1/4/2024
Regular
D E PA R T M E N T: Planning P R E S E N T E R(S ): Robert Fa rrell, D evelopment Review Superviso r
C O N TA C T (S ): Robert Farrell; Rebekah Ro th, Pla nning a nd L and U se Directo r
S U B J EC T:
P reliminary Forum
S pec ial U se Permit Request (S 23-05) - Request by J oseph Taylor, J r. with M urchison, Taylor, & Gibson, P L LC ,
applic ant, on behalf of 421 S and M ine, L LC , property owner for the use of High I ntensity M ining and Quarry ing on
approximately 144 acres of an approximately 586-acre parcel loc ated at the 5700 bloc k of Hig hway 421 N , zoned I -
2, Heav y I ndustrial.
B R I E F S U M M A RY:
T he applicant is reques!ng a special use permit to operate an appro ximately 144-acre high intensity sand mine on a
parcel lo cated off Highway 421 just south of the Pender C o unty line adjacent to an exis!ng sand mine.
T he co ncept plan includes a 50-foot-wide buffer aro und the perimeter o f the mine with an addi!onal 25-f o o t
vegeta!ve buff er alo ng Highway 421 and the northern pro perty line.
T he U nified D evelo pment O rdinance allows high intensity mines and quarries in the I -2 district with approva l o f an
I ntensive I ndustry Special U se Permit. Specia l use permits are required for intensive industries in order to eva lua te site
specifi c co ndi!o ns of a project and allow addi!onal public review. C ommunity inf o rma!on mee!ngs are required f o r
I ntensive I ndustry Special U se Permits prio r to submi3ng an applica!on. T he applica nt held a co mmunity inf o rma!on
mee!ng o n Tuesday, N ovember 14, 2023.
T he projec t propo ses full access o nto Highway 421, a N C D OT state highway through the exis!ng driveway a c c ess at
the neighboring 421 Sand Mine. As c urrently zo ned, it is es!ma ted the site would generate appro ximately 119 A M and
119 P M peak hour trips. W hile spec ifi c engineering metrics do not exist to es!mate traffi c genera!o n at a sand mine,
the applicant has provided es!mates that the pro posed use wo uld result in appro ximately 44 A M and 7 P M peak hour
trips, decreasing the es!mated number o f peak ho ur trips by appro ximately -75 A M and -112 P M. T he es!mated traffi c
generated from the site is under the 100 peak hour thresho ld that triggers the ordinance requirement f o r a Traffi c
I mpact Analysis (T I A).
T he 2016 C o mprehensive Pla n classifies the subject pro ject a rea as C o mmerce Zo ne. T he C o mmerce Zo ne place type
focuses o n providing areas for employment and produc!on hubs, predominately compo sed o f light and heavy
industrial uses, tho ugh o ffice a nd co mplementary commercial uses are also allo wed. D ensi!es are dependent, in part,
on the type o f industry, and residen!al uses are discouraged.
S T R AT EGI C P L A N A L I G N M E N T:
R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S :
Planning Board - January 4, 2024
ITEM: 4
As this is a preliminary forum the Planning B oard does no t make a decision o r recommenda!on o n special use permits.
T he bo ard is requested to hear the presenta!ons o f sta ff, the applica nt, and the public to facilitate an o pen and
transparent discussion o f the special use permit applica !o n. Ques!o ns and comments related to the f o llo wing to pics
are encouraged:
- C o mponents of the pro posal that are not clear or where a ddi!o na l informa!o n is needed in order to understand the
pro ject,
- Advice to the applicant on the presenta!on they will be ma king to the B o ard o f C ommissioners mee!ng,
- Advice to the par!es speaking in opposi!on on what they ma y wa nt to consider when preparing f o r the B oard of
C o mmissio ners mee!ng, and
- Advice f o r both par!es o n poten!al issues that should be a ddressed before the public hearing.
AT TA C H M E N T S :
Descrip!on
S23-05 PB Script
S23-05 Zoning Map
S23-05 Future Land Use Map
S23-05 Mailout Map
S23-05 Application Cover Sheet
S23-05 Application
S23-05 Concept Plan Coversheet
S23-05 Concept Plan
C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er)
Planning Board - January 4, 2024
ITEM: 4
SCRIPT for SPECIAL USE PERMIT Application PRELIMINARY FORUM (S23-05)
Request by Joseph Taylor, Jr. with Murchison, Taylor, & Gibson, PLLC, applicant, on behalf of 421
Sand Mine, LLC, property owner for the use of High Intensity Mining and Quarrying on approximately
144 acres of an approximately 586-acre parcel located at the 5700 block of Highway 421 N, zoned I-
2, Heavy Industrial.
1. This is a Preliminary Forum. The purpose of this forum is to facilitate an open and transparent
discussion of the special use permit application and to provide an opportunity for public comments
and questions. Please note per state law, the Planning Board will not be making a decision or
recommendation this evening. Instead, the decision on the application will be made during the Board
of Commissioners’ quasi-judicial hearing, where public participation will be limited to parties with
standing and witnesses providing evidence through sworn testimony. Anyone interested in speaking
in support or opposition of the project should sign in and speak tonight at this meeting, regardless
of standing in the matter.
2. Staff will introduce the application. Then the applicant will be allowed 15 minutes for their
presentation. Following the applicant’s presentation, we will have 20 minutes for public questions
and comments, and then allow the applicant time to address them. The Board members will then
provide their comments and ask questions of the applicant. At the end, Staff will give an overview
of next steps in the special use permit process. We will then close the forum.
3. Conduct forum as follows:
a. Staff introduction
b. Applicant’ s presentation (up to 15 minutes)
c. Public comments and questions (up to 20 minutes – total supporters and opponents)
d. Applicant response to public comments and questions.
e. Planning Board questions and comments regarding the following items:
i. Components of the proposal that are not clear or where additional information is
needed in order to understand the project,
ii. Advice to the applicant on the presentation they will be making at the Board of
Commissioners meeting,
iii. Advice to parties speaking in opposition on what they may want to consider when
preparing for the Board of Commissioners meeting, and
iv. Advice for both parties on potential issues that should be addressed prior to the
public hearing.
f. Staff overview of next steps and the procedures for the Board of Commissioners meeting.
4. Close the Preliminary Forum.
Planning Board - January 4, 2024
ITEM: 4 - 1 - 1
Planning Board - January 4, 2024
ITEM: 4 - 2 - 1
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ITEM: 4 - 3 - 1
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ITEM: 4 - 4 - 1
Initial Application
Documents & Materials
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ITEM: 4 - 5 - 1
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ITEM: 4 - 6 - 1
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ITEM: 4 - 6 - 2
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ITEM: 4 - 6 - 3
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ITEM: 4 - 6 - 4
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ITEM: 4 - 6 - 5
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ITEM: 4 - 6 - 6
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ITEM: 4 - 6 - 7
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ITEM: 4 - 6 - 8
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ITEM: 4 - 6 - 9
#360770.3
Public Utility Authority and the Lower Cape Fear Water & Sewer Authority, so they can confirm
the plans for any new sand mining operations will not adversely affect the existing waterline(s)
located on the subject property.
5. TRAFFIC IMPACT
The ITE Trip Generation manual does not contain a land use code for Mining Operations. This
proposal is for an expansion of an existing sand mine to help sustain the current level of available
material. The day-to-day production and operation will remain the same, therefore no additional
trips are expected to be generated by this expansion. Furthermore, in reviewing the current
operational data from the sand mine, the trips generated are estimated to be well below the 100
peak hour trip threshold for a traffic study. Considering all the above, a TIA is not applicable for
this proposal.
6. CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT
1. The use will not materially endanger the public health or safety if located where proposed and
approved.
The existing sand mine located on the adjacent property has been mined responsibly for
years without endangering public health or safety. Because the subject property will be an
extension of the existing mine, there will be no additional adverse effects to the area's water or air.
The access to U.S. Hwy. 421 will be the same as the existing mine, no new curb cuts are required,
and no additional traffic impact is anticipated. Any dewatering efforts, if necessary, will be
accomplished by pumping to an existing pit either on site or on the adjacent property, with no
expected discharge. All necessary state permits regarding soil erosion and sedimentation have
been or will be obtained. Utilities and services will be connected to the existing mine on the
adjacent property.
2. The use meets all required conditions and specifications of the Unified Development Ordinance.
The use satisfies all conditions specified in the Zoning Ordinance, including the Section
4.3.5(C)(1) specifications applicable to high intensity mining. The lot size is well over one acre.
All mining operations will be located more than 100 feet from any property line during dewatering
(if any), although sand slurry and water may be moved from the subject property to the adjacent
parcel with the existing operation site, and back again. The property is not classified as aquifer
resource protection or watershed resource protection on the 2006 CAMA Land Classification Map.
Any required state permits have been or will be obtained prior to commencement of the mining.
3. The use will not substantially injure the value of adjoining or abutting property, or that the use
is a public necessity.
The project aligns with the character of the immediate area. The use will not injure the
value of adjoining property because those properties also are either engaged in and/or zoned for
heavy industrial uses. This is not a new sand mine, but instead only an extension of the existing
sand mine. The value of the surrounding property has not been harmed by the longtime operation
Planning Board - January 4, 2024
ITEM: 4 - 6 - 10
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ITEM: 4 - 6 - 38
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ITEM: 4 - 6 - 39
1
Farrell, Robert
From:Joseph O. Taylor <jtaylor@murchisontaylor.com>
Sent:Wednesday, December 20, 2023 10:08 AM
To:Scott M. Holmes; Caleb M. Rash
Subject:FW: water line exhibit
Attachments:WATER LINE CROSSINGS.kmz; EXISTING WATER LINE CROSSING EXHIBIT.pdf
From: Greg Wayne <gwayne@hdsilm.com>
Sent: Wednesday, December 20, 2023 9:45 AM
To: Joseph O. Taylor <jtaylor@murchisontaylor.com>
Cc: jearp@brunswickforest.com
Subject: water line exhibit
Joe, aƩached is an exhibit that idenƟfies a porƟon of the raw water line route. There are hundreds of crossings along
Hwy. 421 accessing all of the various businesses, etc. The waterline appears to be within the right of way along 421, but
drives have been and will be constructed over the line in the future. I’ve also idenƟfied various crossings on the
Brunswick County side of the river. A “kmz” file is also aƩached. If you have google earth on your computer and double
click the file it will launch google showing the water line. It may or may not be helpful.
Let me know if you need any changes, etc.
thanks
Greg A. Wayne, PLS
Hanover Design Services, PA
Land Surveyors, Engineers, Land Planners
1123 Floral Parkway
Wilmington, N.C. 28403
Phone : 910-343-8002 Fax: 910-343-9941
This message (including any attachments) may contain confidential client information.
The information is intended only for the use of the individual or entity to whom it is
addressed. If you are not the addressee or the employee or agent responsible to
deliver this mail to its intended recipient, you are hereby notified that any review, use,
dissemination, distribution, disclosure, copying or taking any action in reliance on the
contents of this information is strictly prohibited.
Planning Board - January 4, 2024
ITEM: 4 - 6 - 40
Planning Board - January 4, 2024
ITEM: 4 - 6 - 41
Planning Board - January 4, 2024
ITEM: 4 - 6 - 42
1
Farrell, Robert
From:Caleb M. Rash <crash@murchisontaylor.com>
Sent:Wednesday, December 20, 2023 2:52 PM
To:Farrell, Robert
Cc:Joseph O. Taylor; Scott M. Holmes
Subject:FW: US 421 Raw Water Main
Attachments:FW: water line exhibit; WATER LINE EXHIBIT 12-19-23.pdf
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Robert,
Included with this message are the following items regarding the 421 Sand Mine SUP application and
discussions related to the waterline:
Attached exhibit showing the waterline easement crossing design mutually agreed upon by the engineers
for the property owner (Hanover Design Services) and LCFWSA (McKim & Creed). The
correspondence below provides further detail on the discussions between the engineers and our message
to the CFPUA director. The parties would like this exhibit to be part of the SUP.
Attached email with exhibits showing the waterline along Hwy 421 and on the Brunswick County side.
As the comments from our engineer indicate in that email, there are many existing crossings over that
waterline. Of course, there will be no active mining near the waterline, only a single crossing fortified to
prevent any risk to the waterline. The property owner and LCFWSA (the owner of the waterline and
easement) have agreed to yearly inspections of the crossing by the engineers as a condition to the SUP.
Thanks,
Caleb
Caleb M. Rash
Attorney
CRash@murchisontaylor.com
16 N. Fifth Avenue
Wilmington, NC 28401
Phone: 910-763-2426 ext. 141
Direct: 910-218-7238
Facsimile: 910-763-6561
www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The informaƟon contained in this message is legally privileged and confidenƟal informaƟon intended only for the use of the named
recipient. If the reader of this message is not the intended recipient, you are hereby noƟfied that any review, retransmission, disseminaƟon or other use of, or taking
any acƟon in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please noƟfy us immediately by return e-mail, delete all copies
of this e-mail from all computers, and destroy any printed copies of this e-mail.
From: Joseph O. Taylor <jtaylor@murchisontaylor.com>
Sent: Wednesday, December 20, 2023 11:59 AM
To: Kenneth.Waldroup@cfpua.org
Cc: Scott M. Holmes <sholmes@murchisontaylor.com>; Caleb M. Rash <crash@murchisontaylor.com>;
jearp@brunswickforest.com
Subject: US 421 Raw Water Main
Planning Board - January 4, 2024
ITEM: 4 - 6 - 43
2
Ken,
Thank you for attending our community meeting for the 421 Sand LLC SUP request. As discussed at the
meeting the engineering firms for the parties have agreed to a waterline crossing design, the final version of
which we received this morning. Please see the attached exhibit detailing the waterline crossing mutually agreed
upon by the engineering firms McKim & Creed and Hanover Design Services. As stated in the email below, we
would also like the Waterline Crossing Exhibit to be part of the SUP. As we have discussed with Matt Nichols,
we are willing to agree to a yearly inspection of the crossing by the engineers as being part of the SUP. Please
give us any additional comments you may have upon review. Joe
From: Tony Boahn <TBOAHN@mckimcreed.com>
Sent: Wednesday, December 20, 2023 7:45 AM
To: Greg Wayne <gwayne@hdsilm.com>
Cc: Adam Grady <agrady@hdsilm.com>
Subject: RE: US 421 Raw Water Main
Greg – good morning. I think this all looks good and will recommend to the LCFWSA that I am in agreement with the
changes made. I understand the aƩorney’s are discussing this and the LCFWSA a Ʃorney would like for this updated
drawing to be included in the SUP applicaƟon package so it can all move forward without any objecƟons from them.
I appreciate you working with us on this – if you have any quesƟons, just let me know.
Thanks
Tony
*Please note address change to 16 North Fifth Avenue.
<image001.jpg>
Joseph O. Taylor, Jr.
AƩorney at Law
For vCard, click here.
jtaylor@murchisontaylor.com
16 North FiŌh Avenue*
Wilmington, NC 28401-4537
Direct: 910-218-7223
Phone: 910-763-2426 ext. 132
Facsimile: 910-763-3046
www.murchisontaylor.com
*Our downtown office is located in the historic Knohl House, built circa 1860 in a Greek Revival style, and located near the Bellamy
Mansion in Historic Downtown Wilmington, N.C.
CONFIDENTIALITY NOTICE: The informaƟon contained in this message is legally privileged and confidenƟal informaƟon intended only for the use of the named
recipient. If the reader of this message is not the intended recipient, you are hereby noƟfied that any review, retransmission, disseminaƟon or other use of, or taking
any acƟon in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please noƟfy us immediately by return e-mail, delete all copies
of this e-mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communicaƟon (including any aƩachments) was not intended or wriƩen to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax-related penalƟes that may be imposed on the taxpayer, or (ii) promoƟng, markeƟng or recommending to another party any tax-related maƩer addressed
herein.
Planning Board - January 4, 2024
ITEM: 4 - 6 - 44
Concept Plan
Planning Board - January 4, 2024
ITEM: 4 - 7 - 1
Planning Board - January 4, 2024
ITEM: 4 - 8 - 1
Planning Board - January 4, 2024
ITEM: 4 - 8 - 2
Planning Board - January 4, 2024
ITEM: 4 - 8 - 3