2-1-2024 Planning Board Packet
NEW HANOVER COUNTY
PLANNING BOARD AGENDA
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301 Wilmington, NC 28401
Members of the Board
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
FEBRUARY 1, 2024 6:00 PM
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 (Z23-25) - 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 128 dwelling units. This item was connued from the
January 2, 2024 regular meeng.
2 Public Hearing
Rezoning Request (Z24-01) – Request by Cindee Wolf with Design Solu<ons, applicant, to rezone
approximately 7.95 acres zoned (CZD) R-10, Residen<al and R-20, Residen<al located at 1728
Rockhill Road to (CZD) R-10, Residen<al for a maximum 24 dwelling units.
3 Public Hearing
Rezoning Request (Z24-02) – Request by Cindee Wolf with Design Solu<ons, applicant, to rezone
approximately 2.81 acres zoned R-20, Residen<al located at 1540 Rockhill Road to (CZD) R-10,
Residen<al for a maximum 9 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. This item was
connued from the January 4, 2024 regular meeng.
OTHER ITEMS
1 TA24-01 Suppor<ve Housing Amendment Concept Presenta<on
2 Comprehensive Plan Project - Status Update
Planning Board - February 1, 2024
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 2/1/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Love O, Development Review Planner
CONTACT(S): Love O, Development Review Planner; Robert Farrell, Development Review Supervisor;
Rebekah Roth, Planning and Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z23-25) - Request by Cindee Wolf with Design Solu9ons, applicant to rezone approximately
10.95 acres zoned R-20, Residen9al and (CZD) R-5, Residen9al Moderate-High Density located at the 3100 block of
Blue Clay Road to (CZD) RMF-M, Residen9al Mul9-Family Moderate Density for a maximum of 128 dwelling
units. This item was connued from the January 2, 2024 regular meeng.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 10.94 acres from (CZD) R-5, Residen1al Moderate-High Density
and R-20, Residen1al located at 3100 Block at Blue Clay Road to (CZD) RMF-M, Residen1al Mul1-Family Moderate
Density for a maximum of 128 mul1-family dwelling units.
T he proposed rezoning is intended to construct 14 mul1-family structures ranging in height from 2-3 stories for
affordable workforce housing. The concept plan also includes a community clubhouse, parking, open space, and
stormwater management. In the descrip1on of the project, the development is intended to provide affordable units
within the 60-120% Area Median Income (AMI).
In 2022 the property was rezoned to (CZD) R-5 for the development of 17 quadraplexes for a total of 68 units. The
purpose of R-5 is to provide lands that accommodate moderate to high density residen1al development on smaller lots
with a compact and walkable development paern.
The purpose of the RMF-M district is to provide lands that accommodate moderate density single-family and mul1-
family development. The RMF-M district is a transi1onal district between intensive nonresiden1al development and
higher density residen1al areas.
As currently zoned, the site is permied 17 quadraplexes and is currently vacant.
It is es1mated the site would generate approximately 52 AM and 69 PM peak hour trips if developed at the permied
densi1es of the current (CZD) R-5 and R-20 zoning districts. The proposed (CZD) RMF-M development is es1mated to
generate 64 AM and 59 PM peak hour trips, increasing the es1mated number of AM peak hour trips by approximately
12 trips and decreasing the es1mated number of PM peak hour trips by approximately 10 trips.
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. With the reduc1on in unit
count and housing type, the difference between the 180-unit trip genera1on rate and the current request is 26 AM and
24 PM peak hour trips. During the ini1al Covenant II rezoning, concerns were raised about the lack of public
Planning Board - February 1, 2024
ITEM: 1
transporta1on in the area given the affordable housing aspect of the project. Since then, the county has ini1ated a
micro-transit program, with WAVE offering point-to-point transit opportuni1es 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 permiFng process.
Students living in the proposed development would be assigned to Wrightsboro Elementary School, Holly Shelter
Middle School, and New Hanover High School. Based on generalized historic genera1on rate, staff would es1mate the
increase in homes would result in approximately 13 addi1onal students than the es1mated number of students
generated under exis1ng zoning.
The Comprehensive Plan designates this property as Community Mixed Use, a place type that focuses on small-scale,
compact, mixed use development paerns that serve all modes of travel and act as an aractor for county residents
and visitors. Types of appropriate uses include office, retail, mixed use, recrea1onal, commercial, ins1tu1onal, and
mul1-family and single-family residen1al.
One of the primary goals of the 2016 Comprehensive Plan is to provide for a range of housing types, opportuni1es, and
choices so that ci1zens are not overburdened with the costs or availability of housing but have a diverse range of
op1ons 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 iden1fied in the updated Housing Needs Assessment
presented to the Commissioners in Spring 2023.
The density of 11.7 units/acre proposed for this project is within the range recommended for the Community Mixed
Use place type. Under the RMF-M zoning district it allows a maximum of three stories, the applicant has proposed
buildings 1-7 and 10-12 to be two stories.
The proposed rezoning request is generally CONSISENT with the 2016 Comprehensive Plan because the proposed
project could serve as a transi1on between lower intensity and higher intensity development in the area and provide
needed affordable housing stock.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff’s recommenda1on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera1ons, and
technical review. The applicant has requested an exis1ng condi1on related to fenced buffers be removed as part of
this applica1on. Due to the increased density of the proposed rezoning, staff is in support of retaining all exis1ng
condi1ons of the original rezoning approval with the addi1onal proposed condi1ons. The project would increase the
supply of dedicated affordable housing in the area—the exis1ng CZD R-5 zoning district did not include a specific
condi1on for affordability though that was the property owner’s intent, and the proposed density is within the range
recommended in the Comprehensive Plan.
As a result, Staff recommends approval of the proposal and suggests the following mo9ons:
I move to recommend APPROVAL of the proposed rezoning because the proposed project would serve as a transi1on
between lower intensity and higher intensity development in the area and provide needed affordable housing stock. I
Planning Board - February 1, 2024
ITEM: 1
find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density of
the development is within the range recommended for the Community Mixed Use place type. I also find
recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed
project provides a variety of housing op1ons and addi1onal affordable housing units in the county.
Exis9ng condi9ons to remain in effect:
1. Street trees shall be provided along the boundary with the Rachel’s Place Subdivision.
2. The connec1on to Rachel’s Place shall be gated and limited to emergency vehicle access.
3. Exis1ng trees along the drainage ditch to the north shall be retained outside of clearing necessary for stormwater
conveyance and maintenance.
Exis9ng Condi9on Requested by Applicant to be Removed (Staff has recommended the condi9on remain in
effect):
1. A fenced buffer shall be provided along the northern property line and fencing shall be incorporated along the
southern property line.
Staff Recommended Condi9ons:
1. The permied density is 0 dwelling units per acre to a maximum of 17 dwelling units per acre. Planning staff is
authorized to administra1vely approve reduc1ons in density within the permied range.
2. The housing type in the development shall be limited to mul1-family as defined in Sec1on 2.3 of the Unified
Development Ordinance.
Applicant Proposed Condi9ons:
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 Cer1ficate 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 1me workforce housing units must remain affordable;
- Any other criteria necessary for compliance and monitoring;
- An established 1meframe for annual repor1ng from the developer or owner of the development to New Hanover
County. Annual reports shall provide the minimum informa1on.
-Unit number
-Bedroom number
- Household size
- Tenant income
- Rent rate
Planning Board - February 1, 2024
ITEM: 1
- 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 expira1on of the
minimum 15-year period of affordability the development shall be subject to enforcement measures found in Ar1cle 12
Viola1ons and Enforcement of the Unified Development Ordinance.
Alterna9ve Mo9on for DENIAL (if based on informa1on presented at the public hearing or other considera1on
beyond the scope of staff review, the board finds approval appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the proposed density of the development is under the maximum density
recommended for the Community Mixed Use place type, I find recommending DENIAL of the rezoning request is
reasonable and in the public interest because the proposed project is more intensive than neighboring proper1es and
not consistent with the development paern in the area.
ATTACHMENTS:
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
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - February 1, 2024
ITEM: 1
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 128
dwelling units. This item was continued from the January 4, 2024 regular meeting.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s and supporters’ presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s and supporters’ rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with a motion and vote, I would like to invite the applicant to the podium.
Based on the Board discussion and items presented during the public hearing, would you like
withdraw your petition, request a continuance, or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to recommend APPROVAL of the proposed rezoning because the proposed project
would serve as a transition between lower intensity and higher intensity development in the
area and provide needed affordable housing stock. I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the proposed density of the
development is within the range recommended for the Community Mixed Use place type. I also
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.
Planning Board - February 1, 2024
ITEM: 1 - 1 - 1
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. Existing trees along the drainage ditch to the north shall be retained outside of clearing
necessary for stormwater conveyance and maintenance.
Existing Condition Requested by Applicant to be Removed (Staff has recommended the condition
remain in effect):
1. A fenced buffer shall be provided along the northern property line and fencing shall be
incorporated along the southern property line.
Staff Recommended Conditions:
1. The permitted density is 0 dwelling units per acre to a maximum of 17 dwelling units per acre.
Planning staff is authorized to administratively approve reductions in density within the permitted
range.
2. The housing type in the development shall be limited to multi-family as defined in Section 2.3 of the
Unified Development Ordinance.
Applicant 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:
o 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.
o The number of affordable units provided;
o The income limits;
o Rent limits subject to annual change;
o The period of time workforce housing units must remain affordable;
o Any other criteria necessary for compliance and monitoring;
o 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
Planning Board - February 1, 2024
ITEM: 1 - 1 - 2
be subject to enforcement measures found in Article 12 Violations and Enforcement of
the Unified Development Ordinance.
2. Buildings 1-7 and 10-12 as shown on the approved concept plan shall have a maximum height
of two stories. Buildings 8, 9, 13, and 14 may have a maximum building height of three stories.
Alternative Motion for Denial
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed density of the
development is within the range recommended for the Community Mixed Use place type, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because
the proposed project is more intensive than neighboring properties and not consistent with the
development pattern in the area.
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 - February 1, 2024
ITEM: 1 - 1 - 3
Z23-25 Staff Report PB 2.1.2024 Page 1 of 19
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 Maximum 128 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 - February 1, 2024
ITEM: 1 - 2 - 1
Z23-25 Staff Report PB 2.1.2024 Page 2 of 19
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 are 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 - February 1, 2024
ITEM: 1 - 2 - 2
Z23-25 Staff Report PB 2.1.2024 Page 3 of 19
COVENANT II – APPROVED
Z22-08 Original Concept Plan – Includes Staff Markups
• In 2022 the project site was rezoned Conditional R-5 for 68 dwelling units in the form of a
mix of 17 quadraplex and triplex buildings.
• The homes are oriented away from the main road providing a spatial buffer of open space
between the units and Rachel’s Place Subdivision.
• Two stormwater ponds are provided, both providing additional buffers from Blue Clay
Road and the neighboring church.
• Covenant II was originally approved in May 2022 with four conditions:
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.
Planning Board - February 1, 2024
ITEM: 1 - 2 - 3
Z23-25 Staff Report PB 2.1.2024 Page 4 of 19
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Original Submittal – 180 Dwelling Units
• The applicant’s original proposal was 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 original proposed development consisted 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 were
proposed to be a maximum of three stories.
• The applicant has submitted architectural designs of the proposed multi-family dwelling units
as part of the conceptual plan.
• The community clubhouse was 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 would
have been 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 - February 1, 2024
ITEM: 1 - 2 - 4
Z23-25 Staff Report PB 2.1.2024 Page 5 of 19
Applicant’s Revised Submittal – 128 Dwelling Units
Applicant’s Concept Plan - Includes Staff Markups
• At the January 4 Planning Board meeting the applicant proposed reducing the unit count to
128. Due to the new information, staff recommended the hearing be continued in order for
staff to fully analyze the proposed revision. The Planning Board continued this item to the
February 1 regular meeting.
• The revised concept plan reduces the total unit count from 180 multi-family units to 128
multi-family units and reduces the maximum building height for buildings 1-7 and 10-12 to
two stories. A condition has been included guaranteeing the height.
• The revised concept plan also moves the multi-family structures away from Blue Clay Road
providing additional setbacks and open space.
• While the revision reduces the unit count and height, structures remain along New Beginning
Drive, closer to the road and Rachel’s Place Subdivision than the 2022 approved plan.
• While lower than 180 units, the revised 128-unit count is still almost twice as many currently
allowed under the CZD R-5 zoning. The increase in units will result in increased parking and
impervious on the property.
• The applicant also requested to revise the existing conditions. The applicant agrees to
maintain three of the existing conditions but is requesting to remove condition three, the
requirement for a fenced buffer along the northern property line as well as incorporating
a fence along the southern property line. At the January Planning Board meeting the
Planning Board - February 1, 2024
ITEM: 1 - 2 - 5
Z23-25 Staff Report PB 2.1.2024 Page 6 of 19
applicant stated they were requesting removal of the condition due to an existing drainage
ditch and vegetation along the northern property line, and the proximity of an existing
fence in Rachel’s Place to New Beginnings Drive on the southern property line.
• Staff’s recommendation is to keep the current condition requiring additional fence buffers
on the northern and southern property lines.
ZONING CONSIDERATIONS
• On May 2, 2022, the site was rezoned as (CZD) R-5 to construct a 68-unit attached housing
development. The density of the proposed development was 7.08 units per acre. The
purpose of the R-5, Residential District is to provide lands that accommodate moderate to
high density single-family detached and single-family attached development.
• The 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 128-unit development equates to a density of 11.7 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 100% affordable
units within the 60-120% Are Median Income (AMI). A condition has been included to
guarantee housing affordability for 15 years.
• Multi-family dwelling units are required to be spaced 20 feet from any other dwelling unit.
• The proposed development as well as the existing development do not connect in with the
stub at Galway Road, a publicly dedicated road. Staff have 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 in 2022.
• If approved, the project would be subject to the Technical Review Committee and zoning
compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
Planning Board - February 1, 2024
ITEM: 1 - 2 - 6
Z23-25 Staff Report PB 2.1.2024 Page 7 of 19
AREA DEVELOPMENTS
Planning Board - February 1, 2024
ITEM: 1 - 2 - 7
Z23-25 Staff Report PB 2.1.2024 Page 8 of 19
TRANSPORTATION
Planning Board - February 1, 2024
ITEM: 1 - 2 - 8
Z23-25 Staff Report PB 2.1.2024 Page 9 of 19
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow
a maximum of 68 single-family dwelling units.
PROPOSED ACCESS
Primary Access 3100 Block Blue Clay Rd.
Secondary Access Alex Trask Drive
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Blue Clay Rd.
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.
TRAFFIC GENERATION
Traffic
Generated by
Present
Designation
Traffic Generated
by Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 52 64 +12
PM Peak Hour Trips 69 59 -10
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 - February 1, 2024
ITEM: 1 - 2 - 9
Z23-25 Staff Report PB 2.1.2024 Page 10 of 19
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. With the reduction in unit count and housing type, the difference between
the 180-unit trip generation rate and the current request is 26 AM and 24 PM peak hour. 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 128 units could potentially be developed under the proposed zoning for
an increase of 60 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 13 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
Planning Board - February 1, 2024
ITEM: 1 - 2 - 10
Z23-25 Staff Report PB 2.1.2024 Page 11 of 19
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.
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 128 residential units Approximate** Total: 27
(13 elementary, 5 middle, 9 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 - February 1, 2024
ITEM: 1 - 2 - 11
Z23-25 Staff Report PB 2.1.2024 Page 12 of 19
• 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. Those upgrade projects have not been finalized by
the New Hanover County School Board.
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 - February 1, 2024
ITEM: 1 - 2 - 12
Z23-25 Staff Report PB 2.1.2024 Page 13 of 19
Representative Developments
Representative Developments of R-5:
Wrightsville Place
Leeward Village
Planning Board - February 1, 2024
ITEM: 1 - 2 - 13
Z23-25 Staff Report PB 2.1.2024 Page 14 of 19
Representative of Multi-Family Development:
Lofts of Wilmington
Stephens Pointe
Planning Board - February 1, 2024
ITEM: 1 - 2 - 14
Z23-25 Staff Report PB 2.1.2024 Page 15 of 19
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.
• Under the RMF-M zoning district it allows a maximum of three stories, the applicant has
proposed buildings 1-7 and 10-12 to be two stories.
• To provide additional open space the applicant has proposed reducing the number of
buildings to 14.
• The nearby Covenant I a 68-unit Senior Housing residential development, was approved
by the Board of Commissioners in March of 2017 and is currently under construction.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Planning Board - February 1, 2024
ITEM: 1 - 2 - 15
Z23-25 Staff Report PB 2.1.2024 Page 16 of 19
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that
serve all modes of travel and act as an attractor for county residents and
visitors. Types of appropriate uses include office, retail, mixed use,
recreational, commercial, institutional, and multi-family and single-family
residential.
Analysis
The 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.
The density of 11.7 units/acre proposed for this project is under the 12-15
multi-family units/acre recommended for the Community Mixed Use place
type.
Planning Board - February 1, 2024
ITEM: 1 - 2 - 16
Z23-25 Staff Report PB 2.1.2024 Page 17 of 19
Consistency
Recommendation
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 is under what is
recommended for the Community Mixed Use Plan Type, so it is generally
CONSISTENT with the 2016 Comprehensive Plan.
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. The applicant has requested an existing condition related to
fenced buffers be removed as part of this application. Due to the increased density of the proposed
rezoning, staff is in support of retaining all existing conditions of the original rezoning approval
with the additional proposed conditions. 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, and the proposed density
is within the range recommended in the Comprehensive Plan.
As a result, Staff recommends approval of the proposal and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning because the proposed
project would serve as a transition between lower intensity and higher intensity
development in the area and provide needed affordable housing stock. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed density of the development is within the range recommended for the
Community Mixed Use place type. I also 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. Existing trees along the drainage ditch to the north shall be retained outside of clearing
necessary for stormwater conveyance and maintenance.
Existing Condition Requested by Applicant to be Removed (Staff has recommended the
condition remain in effect):
1. A fenced buffer shall be provided along the northern property line and fencing shall
be incorporated along the southern property line.
Planning Board - February 1, 2024
ITEM: 1 - 2 - 17
Z23-25 Staff Report PB 2.1.2024 Page 18 of 19
Staff Recommended Conditions:
1. The permitted density is 0 dwelling units per acre to a maximum of 17 dwelling units
per acre. Planning staff is authorized to administratively approve reductions in density
within the permitted range.
2. The housing type in the development shall be limited to multi-family as defined in
Section 2.3 of the Unified Development Ordinance.
Applicant 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.
2. Buildings 1-7 and 10-12 as shown on the approved concept plan shall have a maximum
height of two stories. Buildings 8, 9, 13, and 14 may have a maximum building height
of three stories.
Planning Board - February 1, 2024
ITEM: 1 - 2 - 18
Z23-25 Staff Report PB 2.1.2024 Page 19 of 19
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 approval appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed density of the development is under the maximum density recommended for
the Community Mixed Use place type, I find recommending DENIAL of the rezoning
request is reasonable and in the public interest because the proposed project is more
intensive than neighboring properties and not consistent with the development pattern
in the area.
Planning Board - February 1, 2024
ITEM: 1 - 2 - 19
Planning Board - February 1, 2024
ITEM: 1 - 3 - 1
Planning Board - February 1, 2024
ITEM: 1 - 4 - 1
Planning Board - February 1, 2024
ITEM: 1 - 5 - 1
Initial Application
Documents & Materials
Planning Board - February 1, 2024
ITEM: 1 - 6 - 1
Page 1 of 7
Conditional Zoning District Application – Updated 06-2023
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
nhcgov.com/528/Planning-Land-Use
CONDITIONAL ZONING APPLICATION
This application form must be completed as part of a conditional zoning application submitted through the county’s
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.3 of the Unified Development Ordinance.
Public Hearing Procedures
(Optional)
Pre-Application Conference
1
Community Information Meeting
2
Application Submittal & Acceptance
3
Planning Director Review & Staff Report (TRC Optional)
4
Public Hearing Scheduling & Notification
5
Planning Board Hearing & Recom-mendation
6
Board of Commissioners Hearing & Decision
7
Post-Decision Limitations and Actions
1. Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
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 - February 1, 2024
ITEM: 1 - 7 - 1
Page 2 of 7
Conditional Zoning District Application – Updated 06-2023
2. Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: Total Acreage of Proposed District:
Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if
applicable)
Please list all of the specific uses that will be allowed within the proposed Conditional Zoning District, the
purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted
in the corresponding General Use District are eligible for consideration within a Conditional Zoning District.
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 - February 1, 2024
ITEM: 1 - 7 - 2
Page 3 of 7
Conditional Zoning District Application – Updated 06-2023
4. Proposed Condition(s)
Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater
restrictions on the development and use of the property than the corresponding general use district regulations may
be added. These conditions may assist in mitigating the impacts the proposed development may have on the
surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below.
Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process.
5. Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of
the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for
all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this
application.
Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure
that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If
numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted
generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended
Planning Board agenda.
ITE Land Use(s):
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
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 - February 1, 2024
ITEM: 1 - 7 - 3
Page 4 of 7
Conditional Zoning District Application – Updated 06-2023
6. Conditional Zoning District Considerations
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified
Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large.
The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria.
1. How would the requested change be consistent with the County’s policies for growth and development, as
described in the 2016 Comprehensive Plan, applicable small area plans, etc.
2. How would the requested Conditional Zoning district be consistent with the property’s classification on the
2016 Comprehensive Plan’s Future Land Use Map.
Planning Board - February 1, 2024
ITEM: 1 - 7 - 4
Page 5 of 7
Conditional Zoning District Application – Updated 06-2023
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is
the land involved unsuitable for the uses permitted under the existing zoning?
Planning Board - February 1, 2024
ITEM: 1 - 7 - 5
Page 6 of 7
Conditional Zoning District Application – Updated 06-2023
Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed
items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”.
Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will
confirm if an application is complete within five business days of submittal.
Application Checklist Applicant Initial
This application form, completed and signed (all property owners must sign signatory
page)
Application fee:
• $600 for 5 acres or less
• $700 for more than 5 acres
• $300 in addition to base fee for applications requiring TRC review
Community Information Meeting Report (complete and signed by agent or all property
owners)
Traffic Impact Analysis if applicable (use of attached report document is recommended)
• The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided.
• The official TIA approval letter is required prior to this item being placed on the
Board of Commissioners meeting agenda.
Legal description (by metes and bounds) or recorded survey Map Book and Page Reference
of the property requested for rezoning
Conceptual Plan including the following minimum elements [Note: If elements beyond the
minimum requirements are shown on the concept plan they may be considered conditions of
approval if not eligible for approval as minor deviations]:
Tract boundaries and total area, location of adjoining parcels and roads
• Proposed use of land, building areas and other improvements
o For residential uses, include the maximum number, height, and type of
units; area to be occupied by the structures; and/or proposed subdivision
boundaries.
o For non-residential uses, include the maximum square footage and height
of each structure, an outline of the area structures will occupy, and the
specific purposes for which the structures will be used.
• Proposed transportation and parking improvements; including proposed rights-of-
way and roadways; proposed access to and from the subject site; arrangement
and access provisions for parking areas.
• All existing and proposed easements, required setbacks, rights-of-way, and
buffers.
• The location of Special Flood Hazard Areas.
• A narrative of the existing vegetation on the subject site including the approximate
location, species, and size (DBH) of regulated trees. For site less than 5 acres, the
exact location, species, and sized (DBH) of specimen trees must be included.
• Approximate location and type of stormwater management facilities intended to
serve the site.
• Approximate location of regulated wetlands.
• Any additional conditions and requirements that represent greater restrictions on
development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance
CAW
CAW
CAW
CAW
N/A
CAW
Planning Board - February 1, 2024
ITEM: 1 - 7 - 6
Planning Board - February 1, 2024
ITEM: 1 - 7 - 7
Planning Board - February 1, 2024
ITEM: 1 - 7 - 8
Planning Board - February 1, 2024
ITEM: 1 - 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 - February 1, 2024
ITEM: 1 - 7 - 10
Page 1 of 2
Community Information Meeting Report – Approved 06-2022
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use
COMMUNITY INFORMATION MEETING REPORT
This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned
development, or intensive industry special use permit in order for the application to be deemed complete.
Address/Location Parcel Identification Number(s)
Meeting Date and Time
Format (Virtual, In-Person, Hybrid) Location if In-Person or Hybrid
Selection Criteria for Location
Meeting Summary
Issues and Concerns Discussed at Meeting
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 - February 1, 2024
ITEM: 1 - 7 - 11
Planning Board - February 1, 2024
ITEM: 1 - 7 - 12
Planning Board - February 1, 2024
ITEM: 1 - 7 - 13
Planning Board - February 1, 2024
ITEM: 1 - 7 - 14
Planning Board - February 1, 2024
ITEM: 1 - 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 - February 1, 2024
ITEM: 1 - 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 - February 1, 2024
ITEM: 1 - 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 - February 1, 2024
ITEM: 1 - 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 - February 1, 2024
ITEM: 1 - 7 - 19
Planning Board - February 1, 2024
ITEM: 1 - 7 - 20
The Covenant
Family Community
Development by:
in association with
Planning Board - February 1, 2024
ITEM: 1 - 7 - 21
Planning Board - February 1, 2024
ITEM: 1 - 7 - 22
Covenant
Senior
(Under Construction)
Covenant
Family
(Proposed)
Planning Board - February 1, 2024
ITEM: 1 - 7 - 23
Planning Board - February 1, 2024
ITEM: 1 - 7 - 24
Planning Board - February 1, 2024
ITEM: 1 - 7 - 25
Proposed
(CZD) RMF-17
10.95 acres / 180 Units
= 16.4 Units per acre
Planning Board - February 1, 2024
ITEM: 1 - 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 - February 1, 2024
ITEM: 1 - 7 - 27
Planning Board - February 1, 2024
ITEM: 1 - 7 - 28
Planning Board - February 1, 2024
ITEM: 1 - 7 - 29
Concept Plan
Planning Board - February 1, 2024
ITEM: 1 - 8 - 1
Ga
l
w
a
y
R
d
.
Ale
x
T
r
a
s
k
D
r
.
Ho
l
l
a
n
d
D
r
.
30
'
D
r
a
i
n
a
g
e
E
s
m
t
.
30'
D
r
a
i
n
a
g
e
E
s
m
t
.
Existing
New Beginning
S.
Woolwich
Ct.
Whitewood
Way
Sky
Ct.
30'
D
r
a
i
n
a
g
e
E
s
m
t
.
S 6
2
°
0
8
'
5
1
"
E
1
1
2
8
.
2
3
'
Ivy Wood
at Runnymeade
Section 1
M.B. 29/64
9899
100
105
106
107
116
116A
127
128
129141
142
145
148
(6
0
'
P
u
b
l
i
c
R
/
W
)
(6
0
'
P
u
b
l
i
c
R
/
W
)
Christian Church
New
B
e
g
i
n
n
i
n
g
D
r
i
v
e
Blu
e
C
l
a
y
R
o
a
d
(Priv
a
t
e
D
r
i
v
e
)
(6
0
'
P
u
b
l
i
c
R
/
W
)
322020.91.7300
Connection Control requirements. Water meter(s)
General Notes:
1. NHCo Parcel No.:
[R03300-003-002-000]
2. Total Rezoning Area: 9.60 ac.±
3. Existing Zoning: R-20 & CZD R-10
4. CAMA Land Classification:
Community Mixed-use S
N
W E
1. New hydrants must be available for use prior to
the original item.
of NCDENR, and "Final Engineering Certification" issued by
3. There are no Conservation Overlay boundaries is to be accessible in all valves and meter boxes to aid in
USCFCCCHR or ASSE.
during construction.
currently available to the site from Cape Fear
wire installed & strapped to the pipes with duct tape. This
and protection or existing utilities during
and "Final Approval" issued by the Public Water Supply Section
repaired to at least the quality or workmanship found in
Area as evidenced on N.C. Flood Map 3720322000J.
Call 343-3910 for information.
met and N.C.D.E.N.R. has issued their "Final Approval.".
11. Solid waste disposal will be serviced by private contractor.
Public Utility Authority public mains.
CFPUA Technical Specifications & Standards.
3. All water & sewer utilities to be installed per
3. Contractor shall maintain an all weather
9. This property is not within any Special Flood Hazard 8. Landscaping or parking can not block or impede the
8. There is no evidence of endangered species or
8. When PVC water mains and services are proposed, the pipes
fire hydrants. A 3-foot (3') clear space
at approximately 2' deep.
4. This site is not impacted by any recognized
* BellSouth & Cable TV will then place their cable
1. Soils Type: Ls (Lynchburg fine sandy loam) &
cannot be released until all requirements are
affecting this property.
historic or archeological significance.
habitat issues on the site.
2. This property is not impacted by any AEC.
watershed / SC class waters.
6. There is no regulated vegetation within the proposed
7. There are no jurisdictional wetlands within the project
5. No cemeteries were evidenced on the site.
apply in advance for this service and must provide a reduced
4. Project shall comply with CFPUA Cross
10. The site drainage flows into the Ness Creek
development area.
boundaries.
Site Inventory Notes:
9. The contractor is responsible for the location
future location of facilities.
pressure zone (RPZ) backflow prevention device on the
Utility Notes:
are to be marked with No. 10 insulated, single-strand copper
until the Engineer's Certification and as-builts are received
7. If contractor desires CFPUA water for construction, he shall
5. Any backflow prevention devices required by the CFPUA
1. Existing water and sanitary sewer services are
6. Water & sewer services can not be activated on new mains
developer's side of the water meter box.
2. All utility services, such as electric power, CATV,
gas & telephone shall be installed underground.
Division of Water Quality Section of NCDENR.
be damaged during construction. Damaged items shall be
will need to be on the list of approved devices by
Contractor is responsible for the repair and replacement
10. The process for telephone cable placement:
of any utilities, curb & gutter, pavement, etc. that may be
construction. Call U-LOCO at 1-800-632-4949.
6. Construction Type - 5B
* Power will place their cable first - approximately 3' deep.
Fire & Life Safety Notes:
2. Hydrants must be located within 8' of the curb.
permitted & inspected by the Fire Dept.
of hydrants.
7. Residences will not have sprinkler systems.
* Final grade will need to be established.
5. Underground fire line & private water mains must be
construction of the buildings within any development.
access for emergency vehicles at all times
shall be maintained around the circumference
from the public right-of-way to the building.
4. A minimum of 5' shall separate underground fire lines or
private water mains from other underground utilities.
12060300
Graphic Scale
102030
Cape Fear Township / New Hanover County / North Carolina
Project No.:
Christian Church, Inc.
3120 Alex Trask Drive
Castle Hayne, NC 28429
Developer:
The Covenant IIScale:
Date:
Revisons:
23-14
1'' = 60'
12/18/23
(No Scale)
Vicinity Map
N
E
S
W
Site
New Beginning Concept Plan
Conditional Zoning District
Development Notes:
Pn (Pantego loam)
a Family Housing Community
the New Hanover County Zoning Ordinance.
1. All development shall be in accordance with
& New Hanover County regulations.
2. Project shall comply with all Federal, State
Proposed - CZD R-5 40
Design Solutions
P.O. Box 7221
Wilmington, NC 28406
Tel. 910-620-2374
5060
N 6
4
°
4
4
'
0
3
"
W
1
2
6
3
.
4
5
'
S 1
2
°
2
1
'
5
9
"
W
3
3
2
.
8
8
'
Rachels
Place
Section 3
M.B. 29/64
N 3
4
°
3
9
'
1
0
"
E
3
8
0
.
5
0
'
Pond
Expansion
Existing
Stormwater
Approved
Covenant
Senior
Community
Blue B
o
n
n
e
t
C
i
r
c
l
e
(45'
P
r
i
v
a
t
e
R
/
W
)
10.95 ac.Total Tract Area -
10.95 ac. @ 17.0 units/ac. =
Total Units Permitted - 186
Development Data:
Maximum RMF-M Density -
** 128 Units Proposed **
(w/ Valley Gutter)
22' G-G
Covenant Lane X-Section
GUTTER
3:1 MAX.
SLOPE
TO GRADE
VALLEY
2'-0"
1/4"/FT.
6"
ABC
2'-0"
GUTTER
VALLEY
1/4"/FT.
CL
1-1/2"
I-2
3:1 MAX.
SLOPE
TO GRADE
5'
WALK
GRASSED
MEDIAN
45' Private Access Easement
Property
Boundary
@ 2 spaces / unit - 256 spaces req'd.
Parking:
** 256 Spaces Provided **
Connect to existing
stubbed pavement as
required by Life-Safety
regulations.
Community
Gardens
Tot
Lot
Community
Clubhouse
12
Units
12
Units
12
Units
12
Units
3-Story
3-Story
3-Story
3-Story
8
Units
2-Story
8
Units
8
Units
Surface Coverage:
Rooftops -
Pavement -
Walks -
Total -
77,550 s.f.±
118,200 s.f.±
16,950 s.f.±
212,700 s.f.± (44.6%)
Open
Space
34
32
34
38
36
32
3
6
3
6
36
36
3432
34
32
3234
34
34
3
4
5
6
78
9
10
11
12
2-Story
2-Story
13
14
01/09/24 toreduce density
(Density = 11.7 units per acre)
8
Units
2-Story
8
Units
2-Story
8
Units
2-Story
8
Units
2-Story
8
Units
2-Story
2 8
Units
2-Story
1
8
Units
2-Story
Open
Space
Existing
Pond
Case: Z23-25
Open Space Req'd @ 20% = 95,396 s.f. (2.2 ac.±)
** 172,480 s.f. (4.0 ac.±) Provided **
Planning Board - February 1, 2024
ITEM: 1 - 9 - 1
Public Comments
In Support
0
Neutral
0
In Opposition 15
Planning Board - February 1, 2024
ITEM: 1 - 10 - 1
1
Ott, Love
From:noreply@civicplus.com
Sent:Saturday, January 20, 2024 10:06 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8945 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 Audra
Last Name Rackley
Address 2236 Blue Bonnet Circle
City Castle Hayne
State NC
Zip Code 28429
Email audralrackley@gmail.com
Please select the case
for comment.
PB Meeting - Z23-25 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment I was initially not much in favor of the initial proposal of MUCH
less 2 story townhomes. However, this amount of apartments is
absolutely absurd for this area. We have such a horrible
drainage issue already. This has been well documented by the
county since the beginning of Rachel’s Place, which
conveniently was also developed by Cindee Wolfe. More
apartments means more parking, which means less green
space or area for storm water drainage, let alone wildlife. I feel
as if water will literally just be pushed towards the backyards of
Planning Board - February 1, 2024
ITEM: 1 - 10 - 2
2
these homes on Blue Bonnet Circle. Sandwiching this
neighborhood with townhomes and apartments is not what
should happen. Can we please not turn Blue Clay Rd into the
absolute traffic nightmare that is Gordon Rd.
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 - February 1, 2024
ITEM: 1 - 10 - 3
1
Ott, Love
From:noreply@civicplus.com
Sent:Friday, January 19, 2024 4:37 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8871 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 Carmen
Last Name Light
Address 2149 blue bonnet circle
City Castle hayne
State NC
Zip Code 28429
Email Clight02@yahoo.com
Please select the case
for comment.
PB Meeting - Z23-25 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment I oppose the construction and rezoning in Rachel's Place,
along Blue Clay Road. I live in this development, know my
neighbors, and feel safe here. If this building is approved, it will
change the developments environment in drastic ways. The
environment and landscape will be affected with more light,
noise, traffic, transportation, privacy, and flooding issues. In the
last meeting, it was stated that the housing would be built for
firemen, teachers, and policeman! Really? How can that type of
discrimination take place? As a citizen who is educated,
Planning Board - February 1, 2024
ITEM: 1 - 10 - 4
2
anyone who "applies" for housing will be considered. The areas
safety, schools, and property values will be affected adversely.
Please do not allow this to happen.
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 - February 1, 2024
ITEM: 1 - 10 - 5
1
Ott, Love
From:noreply@civicplus.com
Sent:Friday, January 19, 2024 1:40 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8864 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 Daniela
Last Name Sierra Ballesteros
Address 2237 Blue Bonnet Cir
City Castle Hayne
State 28429
Zip Code 28429
Email 2017parraluciana@gmail.com
Please select the case
for comment.
PB Meeting - Z23-25 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment As the owner, I am completely opposed to this project, because
many things will be affected, the privacy of my neighbors who
will be closer to this project, in this area we do not have public
transportation service, also some flooding problems, I hope
that my opinion is considered, as well as that of many people
who do not agree with this project, and that the best decision is
made taking into account the problems that this project will
bring for the owners in this area.
Planning Board - February 1, 2024
ITEM: 1 - 10 - 6
1
Ott, Love
From:noreply@civicplus.com
Sent:Tuesday, January 23, 2024 2:21 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #9209 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 Elizabeth
Last Name Teachey
Address 2181 Blue Bonnet Circle
City Caste Haynee
State NC
Zip Code 28429
Email laurenteachey20@gmail.com
Please select the case
for comment.
PB Meeting - Z23-25 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment Planning Board,
Please accept this as my deepest opposition to the current
rezoning request for the portion of Blue Clay Road that affects
the residents of Rachel's Place (Z23-25, 3100 Block of Blue
Clay Road). I truly understand the need to have adequate
housing and have even grown to accept the development
under current construction. However, placing multi-level
apartment buildings along the back side of Rachel's Place will
Planning Board - February 1, 2024
ITEM: 1 - 10 - 7
2
take away from the privacy and allure of the neighborhood in
which I live. My husband and I, along with numerous other
families in our neighborhood, moved out of the city limits to flee
the congestion of over developed streets. To bring that many
living units, people, and cars into such a small space of land
would be bringing the congestion right into our back yards...
literally. Again, this is my strongest opposition to the rezoning
request, I thank you for your time and consideration.
Sincerely,
Elizabeth L. Teachey
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 - February 1, 2024
ITEM: 1 - 10 - 8
1
Ott, Love
From:noreply@civicplus.com
Sent:Friday, January 19, 2024 12:29 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8856 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 Eric
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 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment I am writing to express my opposition to this rezoning request.
While I am aware that development is part of continuing a
growing community, I do not believe this type of development is
appropriate for the land (hence the existing zoning codes).
Single family homes would be detrimental to the natural
resources that would be cut down to make space, but it would
at least be less overwhelming for the current infrastructure of
this area. There is nothing positive about cramming more
humans into a space than the Earth has room for. I request that
Planning Board - February 1, 2024
ITEM: 1 - 10 - 9
2
you deny this rezoning request, for the sake of the environment
as well as the already existing members of this community,
whom this would impact most.
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 - February 1, 2024
ITEM: 1 - 10 - 10
1
Ott, Love
From:noreply@civicplus.com
Sent:Sunday, January 21, 2024 5:00 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8946 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 Erin
Last Name Wallace
Address 2261 blue bonnet circle
City Castle Hayne
State Nc
Zip Code 28429
Email Erincwallace20@gmail.com
Please select the case
for comment.
PB Meeting - Z23-25 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment Please reduce the amount of buildings going up in this
complex.
We have beautiful wild life in Rachel’s place and with the 11
acres getting completely paved over by apartments buildings
we will lose so much.
Please reduce the size. 128 is far too many. I understand the
need for housing in New Hanover County, but green space is
needed for New Hanover as well.
Planning Board - February 1, 2024
ITEM: 1 - 10 - 11
1
Ott, Love
From:noreply@civicplus.com
Sent:Monday, January 22, 2024 11:23 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #9074 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 Grace
Last Name Scott
Address 1208 big field drive
City Castle hayne
State NC
Zip Code 28429
Email Gscottnc@gmail.com
Please select the case
for comment.
PB Meeting - Z23-25 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment I oppose the rezoning request for Blue Clay Road.
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 - February 1, 2024
ITEM: 1 - 10 - 12
1
Ott, Love
From:noreply@civicplus.com
Sent:Friday, January 19, 2024 12:25 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8855 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 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment I am opposing this request for many reasons, but the most
pressing concern is the ways in which the infrastructure in
Castle Hayne is not prepared to deal with the increase in
individuals in this area. There is one grocery store, which is not
even in walking distance of these proposed apartments, that
already is over-crowded and lacks resources to serve the
current population. There is no public transportation in the
area, therefore it will increase traffic on the 2-lane roads in the
area (which are already heavily trafficked, especially in the
Planning Board - February 1, 2024
ITEM: 1 - 10 - 13
2
morning due to the close proximity to the local schools). I am
also concerned about the impacts to wild life, which is already
slim to none in the area. Since the development of the
"Covenant" development behind our neighborhood, the birds,
deer, and (good) insects have all but disappeared. Knocking
down the few trees that are left will make an already sparse
environment that much worse. The light pollution alone from
these apartments would run off any wildlife seeking refuge in
the area. Lastly, I am concerned about the horrid drainage that
exists in the Rachel's Place neighborhood and the ways in
which this development would add to the difficulties we
experience. Most properties in this neighborhood have extreme
scenarios of standing water with even the smallest of rain
storms, and since this development would be cramming so
much into a small space, I am sure the drainage solutions
would not be adequate, and therefore would add to our existing
problems.
I kindly ask that you take into consideration the positive
aspects of our community that bring people here, for both
tourism and relocation, and not take that away simply to line
the pockets of selfish individuals.
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 - February 1, 2024
ITEM: 1 - 10 - 14
1
Ott, Love
From:noreply@civicplus.com
Sent:Thursday, January 18, 2024 11:41 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8822 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 Jennifer
Last Name Dorton
Address 115 Longleaf Dr
City Wilmington
State NC
Zip Code 28401
Email dortonjr@hotmail.com
Please select the case
for comment.
PB Meeting - Z23-25 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment New Beginnings Church is already developing a large tract of
land along Alex Trask Dr, Holland Dr. and Blue Clay. It would
be prudent to determine the impacts of the current
development activities on neighborhood livability (Wrightboro
Acres and Old Mill Rd neighborhoods) as well as the impacts to
water run off and traffic before adding even more homes
behind the church. Presently the area behind the church holds
water - in fact there are two stormwater ponds to help manage
the water. The neighborhood that New Beginnings is currently
Planning Board - February 1, 2024
ITEM: 1 - 10 - 15
2
developing has added a lot of dirt and now that neighborhood
has been graded to a higher elevation than the existing
property surrounding the development. This has the potential to
be a water run-off nightmare since the church and the land they
are proposing to develop in this rezoning request are below the
graded level for the new development that is currently being
built. Additionally, all of this land is clay so the developments
that have gone in on Blue Clay Rd (e.g. Rachel's Place) do
have problems with water control. You only have to ask people
living there to hear the issues they have. So, it does not seem
that high density development, which will substantially increase
impervious surface, is in the best interest of the county or in the
best interest of people who may move there.
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 - February 1, 2024
ITEM: 1 - 10 - 16
1
Ott, Love
From:noreply@civicplus.com
Sent:Monday, January 22, 2024 10:52 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #9069 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 Michaela
Last Name Rosney
Address 1304 Rooster Ct
City Castle Hayne
State NC
Zip Code 28429
Email Field not completed.
Please select the case
for comment.
PB Meeting - Z23-25 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment This group has already been approved for an original plan of
townhomes that better suited the area and helps with
affordable housing. Doubling this amount of housing with only
one retention pond and minimal barrier between neighboring
communities is taking this too far. This will potentially create
issues with flooding as our area already floods and retains
water. This also creates an issue with traffic, parking and
access to amenities such as schools, stores etc. This area is
not meant for this high density housing. This will also destroy a
Planning Board - February 1, 2024
ITEM: 1 - 10 - 17
2
lot of the environmental habitats that are needed. There is a
difference between providing affordable housing and a service
and becoming greedy. When is enough, enough?
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 - February 1, 2024
ITEM: 1 - 10 - 18
1
Ott, Love
From:noreply@civicplus.com
Sent:Wednesday, January 17, 2024 7:02 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8806 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 Paula
Last Name Fales
Address 3202 Whitewood way
City Castle Hayne
State Nc
Zip Code 28429
Email Field not completed.
Please select the case
for comment.
PB Meeting - Z23-25 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment Please do not approve low income apartments to be built
essential in our backyard.
We live in an established quiet neighborhood without crime or
hardly any noise.
Upload supporting files
Planning Board - February 1, 2024
ITEM: 1 - 10 - 19
1
Ott, Love
From:noreply@civicplus.com
Sent:Monday, January 22, 2024 1:26 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #9083 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 Peter
Last Name Nemmers
Address 2007 BLUE BONNET CIR
City CASTLE HAYNE
State North Carolina
Zip Code 28429
Email pnutt698@aol.com
Please select the case
for comment.
PB Meeting - Z23-25 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment The rezoning request to increase dwelling units and reduce the
number of stormwater retention ponds in the neighborhood can
have significant and detrimental effects on surface flooding.
This impact is particularly concerning for both the proposed
neighborhood and Rachel's Place neighborhood, which has
already experienced numerous stormwater issues and frequent
flooding.
Increased Dwelling Units:
Planning Board - February 1, 2024
ITEM: 1 - 10 - 20
2
-More dwelling units mean increased impervious surfaces like
rooftops and driveways. These surfaces prevent water from
being absorbed into the ground, leading to increased runoff.
-The additional impervious surfaces contribute to higher
volumes of stormwater flowing into the drainage system,
overwhelming its capacity.
Reduced Stormwater Retention Ponds:
- Stormwater retention ponds play a crucial role in managing
excessive rainwater. They provide a controlled environment for
water to be stored temporarily, allowing for gradual release and
infiltration into the ground.
- By reducing the number of retention ponds, the ability to
manage and control stormwater during heavy rainfall events is
compromised. This can result in rapid and uncontrolled runoff,
exacerbating flooding issues.
Poor Construction and Clay Soil in Rachel's Place:
- Rachel's Place has already been dealing with stormwater
issues and flooding, largely attributed to poor construction
practices by builders.
- The type of clay soil in the area further complicates matters.
Clay soil has a low permeability, meaning it absorbs water
slowly. This leads to increased surface runoff, as the soil is less
effective in absorbing excess water.
Cumulative Impact on Flooding:
-The combination of increased dwelling units and reduced
stormwater retention capacity creates a perfect storm for
flooding. With more impervious surfaces and inadequate
stormwater management, there will be a surge in runoff during
rain events.
-The neighboring Rachel's Place, already vulnerable due to
poor construction and clay soil, will be disproportionately
affected. The increased flow of water from the rezoned area
can compound existing issues, causing more widespread and
severe flooding.
Community and Environmental Consequences:
- Surface flooding poses risks not only to property but also to
the safety and well-being of residents. It can lead to property
damage, disruption of daily life, and increased insurance
claims.
- Environmental consequences include erosion, water pollution,
and the potential loss of green spaces. The overall livability and
sustainability of the affected neighborhoods are jeopardized.
In conclusion, the rezoning request's impact on surface
Planning Board - February 1, 2024
ITEM: 1 - 10 - 21
3
flooding is a multifaceted issue that involves the interplay of
increased dwelling units, reduced stormwater retention, poor
construction practices, and the unique soil characteristics of the
area. The consequences extend beyond the immediate
neighborhood, affecting the neighboring Rachel's Place as well.
Careful consideration and mitigation strategies are essential to
address these concerns and ensure the long-term resilience
and well-being of both communities.
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 - February 1, 2024
ITEM: 1 - 10 - 22
1
Ott, Love
From:noreply@civicplus.com
Sent:Friday, January 19, 2024 1:12 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8859 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 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment Our area is in desperate need of housing, especially for those
with lower incomes. However, we are not equipped to handle
that many residents in that space. We do not have the
walkability necessary for those without vehicles to access
public transportation or the sidewalks and crosswalks to get
them to the nearest stores on foot. It is currently a 1.3 mile walk
total, over half a mile is walking along the side of the 55mph
Blue Clay Road, and another over one half mile alongside a 45
mph road also with no sidewalk. If a safer path were
Planning Board - February 1, 2024
ITEM: 1 - 10 - 23
2
constructed to get them to Food Lion, I would be far more likely
to agree to this proposal. An alternative would be if the
apartments had commercial spaces underneath for food and
other goods/services. As it stands, it’s much more practical to
use rezone the commercial lot for sale off of Castle Hayne Rd
for larger apartments.
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 - February 1, 2024
ITEM: 1 - 10 - 24
1
Ott, Love
From:noreply@civicplus.com
Sent:Saturday, January 20, 2024 4:09 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8941 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 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment The idea of putting 120 dwelling units (apartment complex) in
such a small space does not make sense, or match the existing
residential nature of the area. With apartment complexes come
noise and higher vehicle density than townhomes would bring.
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
Planning Board - February 1, 2024
ITEM: 1 - 10 - 25
2
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
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.
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 - February 1, 2024
ITEM: 1 - 10 - 26
1
Ott, Love
From:noreply@civicplus.com
Sent:Saturday, January 20, 2024 1:59 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #8936 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 Scott
Last Name Gallagher
Address 2132 Blue Bonnet Circle
City Castle Hayne
State NC
Zip Code 28429
Email scottdgallagher@icloud.com
Please select the case
for comment.
PB Meeting - Z23-25 - 3100 Block of Blue Clay Road
What is the nature of
your comment?
Oppose project
Public Comment This should really be called re-rezoning. It is so unfair to
everyone at Rachel's Place. The land was already rezoned
after the applicant requested rezoning to put up 68 one-and
two-story condos. We were opposed but we thought we fought
but lost and that was the end of it.
Next, we get a letter asking for it to be re-rezoned. After all the
frustration associated with the realization that a community that
nobody in Rachel's Place wants would be built, now they are
Planning Board - February 1, 2024
ITEM: 1 - 10 - 27
2
back for more. I believe it is unheard of and rare to ask for
another step up the density ladder. Why didn't the applicant ask
for what they wanted the first time around? Were the 68
condos merely an attempt to test the waters and then come
back for a bigger project after thinking that the resistance was
substantial but navigable?
The applicant claims it wants to "fit in" with the rest of the
community and be a "good neighbor" which is obviously not
going to happen with an apartment proposal of this grand
scale. I would say it is much more of an adversarial than
friendly at this point.
I would think if you asked to develop an area with 68 condos
and you are granted it, take yes for an answer. If they needed
180-unit apartments (now suddenly cut down to 120 at the last
meeting (surprising everyone in a desperate attempt to placate
our community's resistance) then that was an error in
judgement and an error in calculation on their part. There is no
way we should have to let them have a do over. This entire
expansion of the original proposal should be shut down so we
can get back to living out lives in the community we chose to
live in.
If you see the 180 or 120 or 128-unit apartments would be
overlooking at least fifteen houses on Blue Bonnet Circle. Right
in our backyards, way too close for any kind of privacy at all. In
addition, we have a situation with Blue Bonnet Circle on one
side and a new road within a few feet of back yard, basically
like living on a median between two roads, a highly unusual
and undesirable circumstance.
The noise will be extensive, garbage trucks to empty
dumpsters will only add to the problem. Light pollution will
infiltrate all of our houses in proximity, no more gazing at the
stars.
The aesthetics do not match the surrounding neighborhoods of
one-and two-story homes. There is no mass transit to handle
over 500 people in the proposed space. It lacks infrastructure.
There are no sidewalks, Blue Clay Road is 55 MPH and there
are no walkable food stores. This would be fine next to Lowe's
Foods on College or next to the Food Lion or on Market or
Oleander where buses run, and stores are accessible.
Being told that there is a line of trees that are on HOA property
that will obscure our view is just wrong. There are a few sparse
deciduous trees that are bare from October until April along
Planning Board - February 1, 2024
ITEM: 1 - 10 - 28
3
with a few areas of shrubs. Pic 2027 direct view towards my
residence. Pic 2024 shows how close the apartments would be
to our houses. Ms. Wolf refers to the trees in the parcel behind
us as "scrub pine" and growing after a field that was recently
cleared. Pinus virginiana is not the species behind us. It is in
fact Pinus taeda or Loblolly pine. Judging by their size they are
likely 15-20 years old with many of them exceeding 25 ft in
height. According to National Geographic, forests are excellent
carbon sinks. "Forests are typically carbon sinks, places that
absorb more carbon than they release. They continually take
carbon out of the atmosphere through the process of
photosynthesis." The trees behind us in addition play an
important role in water and erosion control, according to Mark
Hoffman of Treetrove.com, "Pine trees are an important part of
the water cycle. They play a role in the transpiration process,
which is how water vapor moves through the atmosphere. Pine
trees also help to regulate the water table and can help prevent
groundwater depletion. In addition, pine trees help to protect
against soil erosion and can help absorb excess water during
heavy rainfall events. All of these Pine tree benefits help to
ensure a healthy water supply for both humans and the
environment." Pine Trees are also very important to nesting
birds and their cones are an important food source for birds
and mammals. Pic 5392 is one of the nesting pair of
Mississippi Kites that nest here.
I didn't move to Castle Hayne to constantly battle with
developers. I am no stranger to the Carolinas. I worked most of
career for a French Wine Importer located in Myrtle Beach. I
spent most of my summer vacations in the OBX. I knew that
eventually my wife and I would retire in NC. I volunteer for the
Wrightsville Beach Sea Turtle Project, I'm very active with
Cape Fear Birding and belong to the Cape Fear Autobahn
Society and a member of Operation Frogwatch Ft Fisher
Chapter.
Everyone is up in arms, tensions are high, anxiety levels are
up, some people are rethinking their home purchases in
Rachel's Place.
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 DSC_2027.JPG
Planning Board - February 1, 2024
ITEM: 1 - 10 - 29
Planning Board - February 1, 2024
ITEM: 1 - 10 - 30
Planning Board - February 1, 2024
ITEM: 1 - 10 - 31
Planning Board - February 1, 2024
ITEM: 1 - 10 - 32
Planning Board - February 1, 2024
ITEM: 1 - 10 - 33
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 2/1/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor
CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z24-01) – Request by Cindee Wolf with Design Solu8ons, applicant, to rezone approximately
7.95 acres zoned (CZD) R-10, Residen8al and R-20, Residen8al located at 1728 Rockhill Road to (CZD) R-10,
Residen8al for a maximum 24 dwelling units.
BRIEF SUMMARY:
The applicant is proposing the 2.7 acre Phase 2 expansion of the Legacy Landing Subdivision. Legacy Landing Phase 1
was originally rezoned in March 2021 for 10 single family residen*al lots. Legacy Landing Phase 2 is proposing the
addi*on of 14 dwelling units in the form of 7 pairs of a,ached single family dwellings. The proposed Legacy Landing
Phase 2 is the same concept plan reviewed by the Planning Board at their November 2 regular mee*ng.
The proposed rezoning is intended to integrate both phases of Legacy Landing into one uniform condi*onal zoning
classifica*on. Phase 1 combined with the proposed Phase 2 results in a maximum of 24 dwelling units with an overall
density of 3.1 dwelling units per acre.
The concept plan shows a mix of detached single-family dwellings in Legacy Landing Phase 1 and new proposed Dual
Unit A,ached dwellings in Phase 2. Dual unit a,ached dwellings are "dwellings containing two dwelling units sharing a
common wall that is part of a performance residen*al, mixed use, or master planned development."
The plan proposes an extension of Dorsey Lane north to Rockhill Road crea*ng an interconnected loop between
Reminisce Road and Rockhill Road. In addi*on, a stormwater management system and open space is proposed
between the housing types, with addi*onal open space along Rockhill Road.
At the December 11 Board of Commissioners mee*ng the board approved the rezoning request considered by the
Planning Board in November 2023 with a condi*on to provide a solid wood privacy fence along the western boundary
of the development adjacent to 1716 Rockhill Road. Based on the Board of Commissioners prior approval of the
rezoning request, staff is recommending the condi*on of a fenced buffer along the shared property line with 1716
Rockhill Road.
The R-20 in this area was established in 1974. At the *me, the purpose of the R-20 district was to ensure housing
served by private sep*c and wells would be developed at low densi*es. Since that *me, public water and sewer have
become available to the surrounding area. While R-20 is the predominate zoning district in the area the Walnut Hills
Subdivision to the west was zoned R-10 and the North Oakley Circle Subdivision to the east was zoned R-15 as part of
Area 10A in 1974.
The purpose of the R-10 district is to provide lands that accommodate new residen*al neighborhoods and encourage
Planning Board - February 1, 2024
ITEM: 2
the conserva*on of exis*ng residen*al lots and neighborhoods. Neighborhoods in the R-10 district are rela*vely low
density in character and include a limited mix of single family and duplex housing types.
As currently zoned, the site would be permi,ed up to 15 dwelling units, 10 dwelling units at a density of 2.24 du/ac in
Legacy Landing Phase 1 plus 5 dwelling units at a density of 1.9 du/ac under the performance residen*al development
standards for the R-20 district. The proposed 24 total units equate to an overall density of 3.1 du/ac, slightly less than
the 3.3 units per acre maximum density allowed in the R-10 district.
It is es*mated the site would generate approximately 11 AM and 14 PM peak hour trips if developed at the permi,ed
densi*es of the current R-10 and (CZD) R-10 zoning districts. The proposed (CZD) R-10 development is es*mated to
generate 14 AM and 17 PM peak hour trips, increasing the es*mated number of peak hour trips by approximately 3
AM and 3 PM trips.
The NCDOT and WMPO do not have traffic data related to Rockhill Road or Reminisce Road. The lack of available
data indicates the roads do not currently experience heavy enough traffic volumes to warrant monitoring. While there
is no specific data available to indicate current or an*cipated impacts to roadway capacity the increase is in es*mated
trips generated by the proposed development is minimal. In addi*on, the project will be subject to NCDOT engineering
review through the driveway permiDng process.
The es*mated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance
requirement for a Traffic Impact Analysis (TIA).
Students living in the proposed development would be assigned to Wrightsboro Elementary School, Holly Shelter
Middle School, and New Hanover High School. Based on a generalized historic genera*on rate, staff would es*mate
the increase in homes would result in approximately 2 more students than the es*mated number of students
generated under exis*ng zoning.
The Comprehensive Plan designates this property as General Residen*al, a place type that focuses on lower-density
housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while recrea*on and school facili*es are encouraged
throughout. Types of uses include single-family residen*al, low-density mul*-family residen*al, light commercial, civic,
and recrea*onal.
The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed
density and housing type are in line with the recommenda*ons of the General Residen*al place type and the proposed
development would act as an appropriate transi*on between the road and exis*ng residen*al development.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff’s recommenda*on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera*ons, and
technical review. The Wrightsboro area has been designated as General Residen*al within the Comprehensive Plan.
The plan recommends a single-family and duplex residen*al development at a density of no more than 8 dwelling units
per acre.
The scale and density of the proposed development is within the recommenda*ons for the place type and the
proposed housing type provides transi*ons from the road to exis*ng residen*al uses. Staff has also recommended a
Planning Board - February 1, 2024
ITEM: 2
condi*on requiring a fenced buffer to meet the intent of the Board of Commissioners December 2023 board decision.
As a result, Staff recommends approval of the request and suggests the following mo8on:
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the proposed density and housing type is within the recommenda*ons of
the General Residen*al place type. I also find recommending APPROVAL of the rezoning request is reasonable and in
the public interest because the project provides addi*onal housing diversity to the area.
Staff proposed condi8on approved by the Board of Commissioners December 11, 2023:
1. A six (6) foot tall solid wood privacy fence shall be installed along the eastern boundary of 1716 Rockhill Road also
iden*fied as New Hanover County Tax Parcel ID R02500-003-102-000.
Addi8onal new condi8ons proposed by staff:
2. The permi,ed density range is 0 dwelling units per acre to a maximum of 3.1 dwelling units per acre. Planning staff is
authorized to administra*vely approve reduc*ons in density within the permi,ed range.
3. The housing types in the development shall be limited to detached single-family dwellings and dual unit a,ached
dwellings as defined in Sec*on 2.3 of the Unified Development Ordinance.
Alterna8ve Mo8on for DENIAL (if based on informa*on presented at the public hearing or other considera*on
beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the proposed density and housing type are in line with the
recommenda*ons of the General Residen*al place type. I find recommending DENIA L of the rezoning request is
reasonable and in the public interest because the project’s housing type does not match exis*ng neighborhood
development pa,erns in the area.
ATTACHMENTS:
Descrip*on
Z24-01 PB Script
Z24-01 PB Staff Report
Z24-01 Zoning Map
Z24-01 Future Land Use Map
Z24-01 Mailout Map
Z24-01 Application Cover Sheet
Z24-01 Application
Z24-01 Concept Plan Cover Sheet
Z24-01 Concept Plan
Public Comment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - February 1, 2024
ITEM: 2
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z24-01)
Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 7.95 acres zoned
(CZD) R-10, Residential and R-20, Residential located at 1728 Rockhill Road to (CZD) R-10, Residential
for a maximum 24 dwelling units.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s and supporters’ presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s and supporters’ rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with a motion and vote, I would like to invite the applicant to the podium.
Based on the Board discussion and items presented during the public hearing, would you like
withdraw your petition, request a continuance, or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because the proposed density and housing
type is within the recommendations of the General Residential place type. I also find
recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the project provides additional housing diversity to the area.
Staff proposed condition approved by the Board of Commissioners December 11, 2023:
1. A six (6) foot tall solid wood privacy fence shall be installed along the eastern
boundary of 1716 Rockhill Road also identified as New Hanover County Tax Parcel
ID R02500-003-102-000.
Additional new conditions proposed by staff:
2. The permitted density range is 0 dwelling units per acre to a maximum of 3.1 dwelling
units per acre. Planning staff is authorized to administratively approve reductions in
density within the permitted range.
Planning Board - February 1, 2024
ITEM: 2 - 1 - 1
3. The housing types in the development shall be limited to detached single-family
dwellings and dual unit attached dwellings as defined in Section 2.3 of the Unified
Development Ordinance.
Approval is subject to the applicant signing an agreement acknowledging the applicant’s consent
to all listed conditions. If the applicant does not provide a signed agreement within seven (7)
business days from the date of approval, then the rezoning application approval is null and void.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed density and
housing type are in line with the recommendations of the General Residential place type. I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because
the project’s housing type does not match existing neighborhood development patterns in the
area.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) R-10 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 - February 1, 2024
ITEM: 2 - 1 - 2
Z24-01 Staff Report PB 2.1.2024 Page 1 of 17
STAFF REPORT FOR Z24-01
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z24-01
Request:
Rezoning to a Conditional R-10 district
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions Cape Fear Habitat for Humanity, Inc.
Location: Acreage:
1728 Rockhill Road 7.65
PID(s): Comp Plan Place Type:
R08518-001-014-002, R08518-001-014-001,
R08518-001-014-003, R08518-001-001-000 General Residential
Existing Land Use: Proposed Land Use:
10 lot conventional subdivision and vacant,
wooded land.
Maximum 24 dwelling units. 14 new attached
single family dwelling units in addition to 10
existing single family residential lots.
Current Zoning: Proposed Zoning:
(CZD) R-10, Residential and R-20, Residential (CZD) R-10, Residential
SURROUNDING AREA
LAND USE ZONING
North Single Family Residential R-20
East Single Family Residential R-20
South Single Family Residential R-20 and CZD R-10
(Legacy Landing Phase 1)
West
Single Family Residential R-20 and CZD R-10
(Legacy Landing Phase 1)
Planning Board - February 1, 2024
ITEM: 2 - 2 - 1
Z24-01 Staff Report PB 2.1.2024 Page 2 of 17
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
March 3, 2021 Legacy Landing Phase 1 rezoned to (CZD) R-10 for 10 residential lots.
January 10,
2022 Legacy Landing Phase 1 modification to add a stormwater pond.
COMMUNITY SERVICES
Water/Sewer Public water and sewer services are available from CFPUA through an
extension of existing utilities in Legacy Landing Phase 1.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Wrightsboro Station
Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High
Schools
Recreation Cape Fear Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources.
Historic No known historic resources.
Archaeological No known archaeological resources
Planning Board - February 1, 2024
ITEM: 2 - 2 - 2
Z24-01 Staff Report PB 2.1.2024 Page 3 of 17
LEGACY LANDING PHASE 1 - APPROVED
Legacy Landing Phase 1 is a 10-lot conventional subdivision on a cul-de-sac with two
stormwater lots on the western side of the development.
The concept plan includes a road stub to the north for future development.
The density of Legacy Landing Phase 1 is 2.24 dwelling units per acre.
Legacy Landing Phase 1 was originally approved in March 2021 with a subsequent
rezoning modification approved by the Board of Commissioners in January 2022 to
accommodate stormwater requirements.
The Legacy Landing Phase 1 final plat was recorded in May 2023 and single-family
detached home construction is currently underway.
Single Family
Lots Road Stub to
Adjacent Parcel
Planning Board - February 1, 2024
ITEM: 2 - 2 - 3
Z24-01 Staff Report PB 2.1.2024 Page 4 of 17
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
The proposed Legacy Landing Phase 2 is the same concept plan reviewed by the Planning
Board at their November 2 regular meeting.
The concept plan includes the original 10-lot Phase 1 and adds 2.7 acres to the north to
accommodate 14 additional dwelling units in the form of 7 pairs of single-family Dual Unit
Attached dwellings.
Approved
Legacy Landing
Phase 1
Proposed
Stormwater
Proposed
Legacy Landing
Phase 2
Attached
Single Family
Detached Single
Family
Planning Board - February 1, 2024
ITEM: 2 - 2 - 4
Z24-01 Staff Report PB 2.1.2024 Page 5 of 17
Dual Unit Attached dwellings are defined as a dwelling containing two dwelling units sharing
a common wall that is part of a performance residential, mixed use, or master planned
development.”
Dwelling units are paired and will share a common wall; however, each dwelling unit will
be on an individual lot.
The concept plan proposes an extension of Dorsey Lane north to Rockhill Road creating an
interconnected loop between Reminisce Road and Rockhill Road.
In addition, a stormwater management system and open space is proposed between the
housing types, along with additional open space along Rockhill Road.
Phase 1 combined with the proposed Phase 2 results in a maximum of 24 dwelling units.
The proposed rezoning is intended to integrate both phases into one uniform conditional
zoning classification with an overall density of 3.1 dwelling units per acre, a slight increase
over the density of Phase 1.
At the December 11, 2023, Board of Commissioners meeting the board approved the
rezoning request with a condition to provide a solid wood privacy fence along the western
boundary of the development adjacent to 1716 Rockhill Road.
Following the Board of Commissioners meeting the applicant indicated their understanding
of the fence condition was different from the intention of the Board of Commissioners. As a
result, the applicant did not sign the required Agreement to Conditions and the rezoning
approval was voided.
Denied rezoning requests are required to wait one year before a similar request can be
made for the same property. A voided rezoning approval is not subject to the same one
year waiting period.
Based on the Board of Commissioners prior approval of the rezoning request with a
condition of a fence extending along the shared property line of 1716 Rockhill Road, staff
is proposing the condition be applied to the current rezoning request.
ZONING CONSIDERATIONS
The R-20 district in this area was established in 1974. At the time, the purpose of the R-20
district was to ensure housing served by private septic and wells would be developed at
low densities. Since that time, public water and sewer services have become available to
the surrounding area.
While R-20 is the predominant zoning district in the area the Walnut Hills Subdivision to the
west was zoned R-10 and the North Oakley Circle Subdivision to the east was zoned R-15
as part of Area 10A in 1974.
Since that time the surrounding area has seen gradual shifts toward slightly higher density
residential development such as the Bountiful Village Subdivision to the south zoned CZD R-
10 in 2018, the Habitat for Humanity project on Castle Hayne Road zoned R-10 in 2020,
and the adjacent Legacy Landing Phase 1 zoned CZD R-10 in 2021.
Planning Board - February 1, 2024
ITEM: 2 - 2 - 5
Z24-01 Staff Report PB 2.1.2024 Page 6 of 17
As currently zoned, the site would be permitted up to 15 dwelling units consisting of 10
dwelling units in the existing phase of Legacy Landing plus 5 dwelling units in the R-20
portion of the project.
The R-10 district was established to provide lands that accommodate new residential
neighborhoods and encourage the conservation of existing residential lots and
neighborhoods. Neighborhoods in the R-10 district are relatively low density in character
and include a limited mix of single family and duplex housing types.
The proposed 24 units equate to an overall density of 3.1 du/ac, slightly less than the 3.3
units per acre maximum density allowed in the R-10 district.
If approved the project would be developed under the Performance Residential
development standards which requires a minimum 20-foot buffer, commonly referred to as
a “performance buffer,” along the project boundary. The performance buffer is a setback
and does not require vegetation or fencing.
Due to the Dual Unit Attached housing type proposed in the northern portion of the
development, a Type A opaque buffer meeting the requirements of Section 5.4.3 will be
required adjacent to neighboring single-family residential development.
The project also proposes 32% open space, 12% more than the minimum required under
the Performance Residential development standards of the UDO which requires 20% open
space.
If approved, the project would be subject to Technical Review Committee and Zoning
Compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
Planning Board - February 1, 2024
ITEM: 2 - 2 - 6
Z24-01 Staff Report PB 2.1.2024 Page 7 of 17
AREA DEVELOPMENTS
Planning Board - February 1, 2024
ITEM: 2 - 2 - 7
Z24-01 Staff Report PB 2.1.2024 Page 8 of 17
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow a maximum
of 15 dwelling units.
PROPOSED ACCESS
Primary Access Rockhill Road
Secondary Access Reminisce Road at the intersection of Reminisce and Dorsey Lane
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Rockhill Road Reminisce Road
Type of Roadway Secondary Road Secondary Road
Proposed
Rockhill
Road
Access
Planning Board - February 1, 2024
ITEM: 2 - 2 - 8
Z24-01 Staff Report PB 2.1.2024 Page 9 of 17
Roadway Planning
Capacity (AADT) 4,000* 4,000*
Latest Traffic Volume
(AADT) N/A N/A
Latest WMPO Point-in-Time
Count (DT) N/A N/A
Current Level of Congestion Available Capacity Available Capacity
Sources
Source of Planning Capacity: WMPO
Source of Latest Traffic Volume: N/A
Source of WMPO Point-in-Time County: N/A
NEARBY NCDOT STIP ROADAWAY PROJECTS
U-5863 – Castle Hayne
Road Improvements
(post-2029 Completion)
- Widen castle Hayne Road into multi-lanes from I-140 to
Division Drive. Right-of-Way acquisition and utilities is
currently scheduled to take place in FY 2025, with
construction beginning after 2029.
TRAFFIC GENERATION
Traffic Generated
by Present
Designation
Traffic Generated by
Proposed
Designation
Potential Impact of
Proposed
Designation
AM Peak Hour Trips 11 14 +3
PM Peak Hour Trips 14 17 +3
Assumptions
Typical Development with Existing Zoning – 15 single family detached
dwellings.
Proposed Development – 10 detached single-family dwellings and 14
attached single-family dwellings
Sources Source of Trip Generation: ITE Trip Generation Manual, 11th Ed.
TRAFFIC IMPACT ANALYSIS (TIA)
The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the
ordinance requirement for a Traffic Impact Analysis (TIA).
* Rockhill Road and Reminisce Road do not have listed planning capacities. The WMPO and DOT use a base 4,000
vehicles per day for these road types because it is the minimum threshold necessary for DOT to discuss roadway
capacity improvements.
Planning Board - February 1, 2024
ITEM: 2 - 2 - 9
Z24-01 Staff Report PB 2.1.2024 Page 10 of 17
SUMMARY
The NCDOT and WMPO do not have traffic data related to Rockhill Road or Reminisce Road. The
lack of available data indicates the roads do not currently experience heavy enough traffic volumes
to warrant monitoring. While there is no specific data available to indicate current or anticipated
impacts to roadway capacity the increase in estimated trips generated by the proposed development
is minimal. In addition, the project will be subject to NCDOT engineering review through the driveway
permitting process.
ENVIRONMENTAL
The property is not within a Natural Heritage Area or Special Flood Hazard Area.
The property is within the Ness Creek watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (Moderate Limitation) soils. CFPUA public water and sewer are
available through utility extensions from Legacy Landing Phase 1.
OTHER CONSIDERATIONS
Schools
Students living in the proposed development would be assigned to Wrightsboro Elementary
School, Holly Shelter Middle School and New Hanover High School. Students may apply to
attend public magnet, year-round elementary, or specialty high schools.
A maximum of 15 dwelling units would be permitted under the current R-20 and (CZD) R-
10 zoning base density, and 24 units could potentially be developed under the proposed
zoning for an increase of 9 dwelling units.
Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 2 additional students than would be generated under
current zoning.
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.
Planning Board - February 1, 2024
ITEM: 2 - 2 - 10
Z24-01 Staff Report PB 2.1.2024 Page 11 of 17
Development Type Intensity Estimated Student Yield
(current general student generation rate) *
Existing Development 10 single-family
dwellings
Approximate** Total: 2
(1 elementary, 0 middle, 1 high)
Typical Development
Under Current Zoning 15 residential units Approximate** Total: 3
(2 elementary, 1 middle, 1 high)
Proposed Zoning 24 residential units Approximate** Total: 5
(2 elementary, 1 middle, 2 high)
*The current general student generation rate was calculated by dividing the New Hanover County public school student
enrollment for the 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. Those upgrade projects have not been finalized by
the New Hanover County School Board.
Level
Total
NHC
Capacity
School
Enrollment of
Assignment
School
Capacity of
Assigned
School
w/Portables
Capacity of
Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 88% Wrightsboro 484 595 81% None
Middle 88% Holly Shelter 818 991 83% None
High 100% New
Hanover 1531 1678 91.2% None
Planning Board - February 1, 2024
ITEM: 2 - 2 - 11
Z24-01 Staff Report PB 2.1.2024 Page 12 of 17
New Hanover County Strategic Plan
On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-
2028. This plan focuses on three core areas: workforce and economic development, community
safety and well-being, and sustainable land use and environmental stewardship.
Strategic Plan Outcomes
Relevant to Proposal
Analysis
Through planned growth and
development, residents have
access to their basic needs.
The strategic objective to achieve this desired outcome
includes the provision of a variety of housing options. The
proposed CZD R-10 rezoning would provide new attached
single-family homes in an area of the county that is largely
single-family, detached and can aid in achieving the target
of increasing the housing supply to a level of one residential
unit per every two residents.
The 2022 Housing Needs Assessment, also known as the
Bowen Report, concluded there is an estimated overall
housing gap of 12,147 rental units and a gap of 16,875 for-
sale units within the county over the next 10 years. The
proposed project is being developed by Habitat for
Humanity which typically provides housing opportunities within
the range of 30-80 % AMI. The Housing Needs Assessment
estimates an overall housing gap of 5,923 rental units and
5,670 for sale units within the range of 30-80% AMI.
Natural areas and critical
environmental features are
enhanced and protected.
No critical environmental features have been identified on the
property and the project proposes 32% open space, 12%
more than the minimum required for performance residential
developments.
Planning Board - February 1, 2024
ITEM: 2 - 2 - 12
Z24-01 Staff Report PB 2.1.2024 Page 13 of 17
Representative Developments
Representative Developments of Single Family Residential:
Legacy Landing Phase 1 Subdivision
Apple Valley Subdivision
Planning Board - February 1, 2024
ITEM: 2 - 2 - 13
Z24-01 Staff Report PB 2.1.2024 Page 14 of 17
Representative Development of Attached Single Family Dwellings
Hunting Ridge Subdivision – Wilmington
Winterwood Subdivision – Wilmington
Planning Board - February 1, 2024
ITEM: 2 - 2 - 14
Z24-01 Staff Report PB 2.1.2024 Page 15 of 17
Representative Elevation of Proposed Dual Unit Attached Single Family Dwellings
While the applicant has used the term “duplex,” the proposed units will be considered
“Dual Unit Attached Dwellings” as defined in Section 2.3 of the UDO.
Context and Compatibility
The property is centrally located along Rockhill Road approximately midway between
Castle Hayne Road and higher density residential west of the I-140 corridor. The site is also
north of the Wrightsboro community and south of the GE employment center.
Existing comparably zoned neighborhoods have been in existence since the adoption of
initial zoning for the area which includes a mix of small and large single-family dwellings.
With the extension and availability of public water and sewer, developments within the
recommendations of the General Residential place type have been approved in the area.
These developments, while considered lower density, are slightly higher than existing
surrounding development.
Additional future residential growth within the General Residential place type
recommendations is anticipated in this area.
The proposed attached housing type increases housing type diversity in the area and acts
as a transition between Rockhill Road to the north and lower density housing to the south.
The proposed density of 3.1 du / ac is below the maximum allowed for the R-10 zoning
district and less than the maximum recommended for the General Residential place type.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Planning Board - February 1, 2024
ITEM: 2 - 2 - 15
Z24-01 Staff Report PB 2.1.2024 Page 16 of 17
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on lower-density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout. Types of uses
include single-family residential, low-density multi-family residential, light
commercial, civic, and recreational.
Analysis
The property is centrally located along Rockhill Road approximately
midway between Castle Hayne Road and higher density residential west of
the I-140 corridor. The site is also north of the Wrightsboro community and
south of the GE employment center.
The proposed density of 3.1 du/ac is within the density range of 0-8 du/ac
recommended for the General Residential place type. The proposed
housing type is also within those recommended for the place type.
With the extension and availability of public water and sewer,
developments within the recommendations of the General Residential place
type have been approved in the area. These developments, while
considered lower density, are slightly higher than existing surrounding
development.
Additional future residential growth within the General Residential place
type recommendations is anticipated in this area.
Consistency
Recommendation
The proposed rezoning request is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed density and housing type are in
line with the recommendations of the General Residential place type and
the proposed development would act as an appropriate transition between
the road and existing residential development.
Planning Board - February 1, 2024
ITEM: 2 - 2 - 16
Z24-01 Staff Report PB 2.1.2024 Page 17 of 17
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. This portion of the Wrightsboro area has been designated as
General Residential within the Comprehensive Plan. The plan recommends single-family and duplex
residential development at a density of no more than 8 dwelling units per acre.
The scale and density of the proposed development is within the recommendations for the place
type and the proposed housing type provides transitions from the road to existing residential uses.
Staff has also recommended an additional condition requiring a fenced buffer to meet the intent
of the Board of Commissioners December 2023 board decision.
As a result, Staff recommends approval of the request and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed density and housing type is within the recommendations of the General
Residential place type. I also find recommending APPROVAL of the rezoning request
is reasonable and in the public interest because the project provides additional housing
diversity to the area.
Staff proposed condition approved by the Board of Commissioners December 11,
2023:
1. A six (6) foot tall solid wood privacy fence shall be installed along the eastern
boundary of 1716 Rockhill Road also identified as New Hanover County Tax
Parcel ID R02500-003-102-000.
Additional new conditions proposed by staff:
2. The permitted density range is 0 dwelling units per acre to a maximum of 3.1
dwelling units per acre. Planning staff is authorized to administratively approve
reductions in density within the permitted range.
3. The housing types in the development shall be limited to detached single-family
dwellings and dual unit attached dwellings as defined in Section 2.3 of the
Unified Development Ordinance.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed density and housing type are in line with the recommendations of the General
Residential place type. I find recommending DENIAL of the rezoning request is
reasonable and in the public interest because the project’s housing type does not match
existing neighborhood development patterns in the area.
Planning Board - February 1, 2024
ITEM: 2 - 2 - 17
Case:
224-01
Zoning 0 R-10 0 R-15 0 R-20
� CZD □Z24-01
Site Address:
1728 Rockhill Road
Existing Zoning/Use:
R-20 & (CZD) R-10
Proposed Zoning/Use:
(CZD) B-2
N A
Planning Board - February 1, 2024
ITEM: 2 - 3 - 1
Case:
224-01
Site Address:
1728 Rockhill Road
Future Land Use
GENERAL RESIDENTIAL
Z24-01
Existing Zoning/Use:
R-20 & (CZD) R-10
Proposed Zoning/Use:
(CZD) B-2
N A
Planning Board - February 1, 2024
ITEM: 2 - 4 - 1
Case:
224-01
Site Address:
1728 Rockhill Road
Existing Zoning/Use:
R-20 & (CZD) R-10
N Proposed Zoning/Use:
(CZD) B-2 A
Nearby Properties
1--------t DD Z24-01
Parcels within 510 ft
Planning Board - February 1, 2024
ITEM: 2 - 5 - 1
Initial Application
Documents & Materials
Planning Board - February 1, 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
Design Solutions
P.O. Box 7221
Wilmington, NC 28406
910-620-2374
cwolf@lobodemar.biz
Cape Fear Habitat for Humanity, Inc.
3310 Fredrickson Road
Wilmington, NC 28401
910-7624744 x116 (Contact: Wendi Clawson)
wendi@capefearhabitat.org
Planning Board - February 1, 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.
See Attached List See Attached List
R-20 & (CZD) R-10 General Residential
(CZD) R-10
7.95 ac.
7.95 ac.
N/A24 Residential Units / 3.02 units/ac
Planning Board - February 1, 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
24 dwelling units
18 24
REFERENCE SITE PLAN FOR LAYOUT, PROPOSED IMPROVEMENTS AND DETAILS.
Planning Board - February 1, 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 - February 1, 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 - February 1, 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 - February 1, 2024
ITEM: 2 - 7 - 6
Planning Board - February 1, 2024
ITEM: 2 - 7 - 7
Planning Board - February 1, 2024
ITEM: 2 - 7 - 8
Planning Board - February 1, 2024
ITEM: 2 - 7 - 9
Legal DescripƟon for
CondiƟonal Zoning District to
Add Lands to Legacy Landing
Beginning at a point in the eastern boundary of Reminesce Road (SR 2754), a 50’ public right-of-
way; said point being located southwardly 582.40 feet from its intersecƟon with the southern
boundary of Rockhill Road (SR 1331), a 60’ public right-of-way; and running thence:
South 83012’00” East, 130.00 feet to a point; thence
North 06048’00” East, 177.60 feet to a point; thence
South 83031’59” East, 115.74 feet to a point; thence
South 83034’20” East, 266.02 feet to a point; thence
North 05037’25” East, 405.76 feet to a point in the southern boundary of Rockhill Road;
thence with that right-of-way,
South 83034’20” East, 217.70 feet to a point; thence
South 05037’25” West, 100.00 feet to a point; thence
South 84022’35” East, 15.00 feet to a point; thence
South 05037’25” West, 670.61 feet to a point; thence
North 86000’45” West, 622.74 feet to a point; thence
North 06048’00” East, 163.61 feet to a point; thence
North 83012’00” West, 130.00 feet to a point in the eastern boundary of Reminesce Road;
thence with that right-of-way,
North 16048’00” East, 50.00 feet to the point and place of beginning, containing 7.95 acres,
more or less.
Planning Board - February 1, 2024
ITEM: 2 - 7 - 10
Page 1 of 2
Community Information Meeting Report – Approved 06-2022
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use
COMMUNITY INFORMATION MEETING REPORT
This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned
development, or intensive industry special use permit in order for the application to be deemed complete.
Address/Location Parcel Identification Number(s)
Meeting Date and Time
Format (Virtual, In-Person, Hybrid) Location if In-Person or Hybrid
Selection Criteria for Location
Meeting Summary
Issues and Concerns Discussed at Meeting
See Attached List See Attached List
Thursday, September 28, 6:00 p.m.
In Person Shelter #2 NHCo Northern Regional Park
Closest proximity of a County Park facility to the project location
Planning Board - February 1, 2024
ITEM: 2 - 7 - 11
Planning Board - February 1, 2024
ITEM: 2 - 7 - 12
Planning Board - February 1, 2024
ITEM: 2 - 7 - 13
Planning Board - February 1, 2024
ITEM: 2 - 7 - 14
Planning Board - February 1, 2024
ITEM: 2 - 7 - 15
Planning Board - February 1, 2024
ITEM: 2 - 7 - 16
ADJACENT PROPERTY OWNERS WITHIN A 500' PERIMETER OF
1605 - 1628 DORSEY LANE & 1728 ROCK HILL ROAD:
SUBJECT PARCEL OWNER
CAPE FEAR HABITAT FOR HUMANITY INC 3310 FREDRICKSON RD WILMINGTON NC 28401
ADJACENT PROPERTY OWNERS MAILING ADDRESS CITY / STATE / ZIP
3131 REMINISCE LTD PTRNP 2840 S COLLEGE RD #319 WILMINGTON NC 28412
ALKIRE NICHOLAS A 3205 REMINISCE RD CASTLE HAYNE NC 28429
ALLEN ANGELA R 3208 ERVINS PLACE DR CASTLE HAYNE NC 28429
ALLEN MARK K JR LAURA M 605 GRAVEL LN CASTLE HAYNE NC 28429
ANSON MARY K 3220 ERVINS PLACE DR CASTLE HAYNE NC 28429
BALLARD GREGORY 3127 REMINISCE RD CASTLE HAYNE NC 28429
BEJAR ARIAS OSCAR A ETAL 3132 MEMORY LN CASTLE HAYNE NC 28429
BELANGIA SCOTT K 3115 MEMORY LN CASTLE HAYNE NC 28429
BEVERIDGE LAURA A 401 GOOSE POND CT CASTLE HAYNE NC 28429
BLOODWORTH GEORGE E JR 3119 REMINISCE RD CASTLE HAYNE NC 28429
BLYTHE MARK ETAL 2119 THE PLZ CHARLOTTE NC 28205
BOYNTON TONIECE C 7308 STONE WOOD CT WILMINGTON NC 28411
BROWN SYNESE YVETTE 3213 REMINISCE RD CASTLE HAYNE NC 28429
BURGESS VINCENT L BENAYE R 3209 REMINISCE RD CASTLE HAYNE NC 28429
BYRD WILLIE R JR 1611 ROCKHILL RD CASTLE HAYNE NC 28429
CASTILLO WILFREDO APONTE 3128 MEMORY LN CASTLE HAYNE NC 28429
CHOCTAW AMERICAN INS INC 10900 NE 4TH ST STE 2300 BELLEVUE WA 98004
CIANFARRA CYPRESS ETAL 3124 REMINISCE RD CASTLE HAYNE NC 28429
COATES WESLEY R 406 SILO CT CASTLE HAYNE NC 28429
CRUZ LELIN OMAR GIRON 3202 REMINISCE RD CASTLE HAYNE NC 28429
CULBRETH GENE V SR LINDA F 4009 CHANDLER DR WILMINGTON NC 28405
DANIEL MAURICE 3123 REMINISCE RD CASTLE HAYNE NC 28429
DANIELS HELEN D JINWRIGHT 3135 REMINISCE RD CASTLE HAYNE NC 28429
DORSEY HARRY KATHLEEN L 1815 ROCK HILL RD CASTLE HAYNE NC 28429
FAIRFULL ANDREW GORDON 409 SILO CT CASTLE HAYNE NC 28429
FULLARD KIMBERLY GABRIEL 605 GRANITE LN CASTLE HAYNE NC 28429
GALINDO ACOSTA RAMON VERONICA 3120 ERVINS PLACE DR CASTLE HAYNE NC 28429
GARCIA JASMINE L 3207 REMINISCE RD CASTLE HAYNE NC 28429
GARCIA MIRNA REYES 1712 ROCKHILL RD CASTLE HAYNE NC 28429
GARRETT WILLARD MARCELLA L 1814 ROCKHILL RD CASTLE HAYNE NC 28429
GAUSE CYNTHIA ANN 3203 REMINISCE RD CASTLE HAYNE NC 28429
GLEN AT RIVENDELL COM ASSOC INC PO BOX 12051 WILMINGTON NC 28405
HALL SIXTA T 6210 COATBRIDGE LN CHARLOTTE NC 28212
HANSLEY TERRELL JUANITA 3105 SUN BEAM CT CASTLE HAYNE NC 28429
HELLER JOSEPH MELANIE GRIFFITH 414 SILO CT CASTLE HAYNE NC 28429
HERNANDEZ JOSE RAMIREZ 3116 ERVINS PLACE DR CASTLE HAYNE NC 28429
HERNANDEZ LARA DARWIN 5120 CAROLINA BCH RD #25 WILMINGTON NC 28412
HEWETT JENNENE S ETAL 3224 ERVINS PLACE DR CASTLE HAYNE NC 28429
HILL MICHAEL A ETAL 1701 ROCK HILL RD CASTLE HAYNE NC 28429
HURLEY DAN 3212 RUBY LN CASTLE HAYNE NC 28429
JACOBS CHINITA M 1905 ROCK HILL RD CASTLE HAYNE NC 28429
Planning Board - February 1, 2024
ITEM: 2 - 7 - 17
JEWELL PATRICK DIANA 209 FAYETTEVILLE AVE CAROLINA BEACH NC 28428
JONES JERRY LEE JR ERIN H 413 GOOSE POND CT CASTLE HAYNE NC 28429
KADYLAK JEREMY M 3136 MEMORY LN CASTLE HAYNE NC 28429
KG PLAZA LLC 8620 RIVER RD WILMINGTON NC 28412
KING JAMES H JR CHRISTINE M 3201 REMINISCE RD CASTLE HAYNE NC 28429
KIRBY BRANDON S RAKIA M B 48 COTTAGE WAY PITTSBORO NC 27312
LEGAGNEUR PASCAL VANDA 1227 FAIRBANKS AVE BAY SHORE NY 11706
LEWIS JAMES THOMAS JR ETAL 3116 REMINISCE RD CASTLE HAYNE NC 28429
LOUGHMILLER EMILY KATHARINE PO BOX 7696 WILMINGTON NC 28406
LUTZ ERIC J 3119 MEMORY LN CASTLE HAYNE NC 28429
MANDOLA DOLORES A 3112 REMINISCE RD CASTLE HAYNE NC 28429
MARTIN JACQUELYN C ETAL 3139 MEMORY LN CASTLE HAYNE NC 28429
MONTALBAN HOLLYANN E VICTOR 4300 PEACHTREE AVE #12 WILMINGTON NC 28403
MORRIS JOHN G JR 604 GRAVEL LN CASTLE HAYNE NC 28429
MURRILL LUCILLE W 2400 ROCK HILL RD CASTLE HAYNE NC 28429
NADAUD GERMAIN 2217 MASONS POINT PL WILMINGTON NC 28405
ODONNELL MICHAEL 3120 REMINISCE RD CASTLE HAYNE NC 28429
PERKINS JACKQUELINE ELAINE HEIRS 3140 REMINISCE RD CASTLE HAYNE NC 28429
PROVENCHER PAMELA R 3128 REMINISCE RD CASTLE HAYNE NC 28429
RILEY JENNIFER D 3136 REMINISCE RD CASTLE HAYNE NC 28429
ROBISON TRAVIS D KELLY E 1716 ROCKHILL RD CASTLE HAYNE NC 28429
ROMERO JUAN TORRIE SCHAUER 3228 ERVINS PLACE DR CASTLE HAYNE NC 28429
ROQUE RAMIRO E 6912 AIDA CT WILMINGTON NC 28411
SERRANO JOSE C S ETAL 3224 N COLLEGE RD WILMINGTON NC 28405
SHUTT RONALD GERTRUD ETAL 405 GOOSE POND CT CASTLE HAYNE NC 28429
SMITH JEROME JR NATALIE J TRUSTEES 1165 NEWCASTLE CT OCEANSIDE CA 92056
SOTO GERAL R JOSELYN SANTIAGO 3131 MEMORY LN CASTLE HAYNE NC 28429
STACK ALEXANDER J 3123 MEMORY LN CASTLE HAYNE NC 28429
STEPHENS CHARISSE N ETAL 606 GRANITE LN CASTLE HAYNE NC 28429
SYKES VERA W TRUST 3206 RUBY LN CASTLE HAYNE NC 28429
TAYLOR LEON J JOEANN 3212 ERVINS PLACE DR CASTLE HAYNE NC 28429
TAYLOR LEON JEFFERSON 1 MISTY LN CASTLE HAYNE NC 28429
TEACHEY MARY KATHERINE 405 SILO CT CASTLE HAYNE NC 28429
TIPTON LOU A TRUSTEE 101 NAVAHO TRL WILMINGTON NC 28409
TRINITY TABERNACLE 1423 ELMA ST SPRING LAKE NC 28390
WHITTED CARL L HEIRS 45101 BARTLETT DR NOVI MI 48377
WHITTED CELESTINE 1725 ROCK HILL RD CASTLE HAYNE NC 28429
WHITTED LOUIS THOMAS HRS 1632 MEETING HOUSE LN VIRGINIA BEACH VA 23455
WILLIAMS GLORIA DEAN 402 SILO CT CASTLE HAYNE NC 28429
WILLIAMS LINDA RUTH ETAL 3211 REMINISCE RD CASTLE HAYNE NC 28429
WILLIAMS MELLONICE 3139 REMINISCE RD CASTLE HAYNE NC 28429
Planning Board - February 1, 2024
ITEM: 2 - 7 - 18
September 13, 2023
To: Adjacent Property Owners Re: 1728 Rock Hill Road / Community Info Meeting Notice
Cape Fear Habitat for Humanity, owner of the referenced tract, seeks to continue development of their Legacy
Landing community. Phase 1 road improvements and homes are near completion. The proposed plan is to
extend Dorsey Lane through to an intersection with Rock Hill Road, and to construct an additional fourteen
(14) homes. A rezoning from the existing R-20 district to R-10 is necessary. The rezoning petition will be for a
Conditional District, and requiring approval from the New Hanover County Commissioners.
A Conditional Zoning District allows particular uses to be established only in accordance with specific
standards & conditions pertaining to each individual development project. Essentially, this means that only
the use, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed.
The County requires that the developer hold a meeting for all property owners within 500 feet of the tract
boundary, and any other interested parties. This tract of land is within that proximity of your property. This
provides neighbors with an opportunity for explanation of the proposal and for questions to be answered
concerning project improvements, benefits and impacts.
A meeting will be held on Thursday, September 28th, 6:00 p.m., at Shelter #2 of the Northern Regional Park,
4700 Old Avenue, Castle Hayne, 6:00 p.m. The location is left from Old Avenue, towards the tennis courts.
If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910-620-2374, or
email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and
look forward to being a good neighbor and an asset to the community.
Planning Board - February 1, 2024
ITEM: 2 - 7 - 19
Planning Board - February 1, 2024
ITEM: 2 - 7 - 20
Planning Board - February 1, 2024
ITEM: 2 - 7 - 21
Southern Environmental Group, Inc.
5315 South College Road, Suite E ∙ Wilmington, North Carolina 28412
910.452.2711 · Fax: 910.452.2899 · office@segi.us · www.segi.us
October 24, 2023
Cape Fear Habitat for Humanity
Wendi Clawson
3310 Fredrickson Road
Wilmington, NC 28401
Wendi@capefearhabitat.org
RE: Cursory Environmental Evaluation
1728 Rock Hill Road, Castle Hayne, New Hanover Co., North Carolina
To whom it may concern,
This correspondence is in reference to a parcel of land, totaling 2.78-acres, located at 1728 Rock Hill Road, with
the parcel ID R02500-003-097-000, in Castle Hayne, New Hanover County, North Carolina.
Our firm was contacted to determine if there were any wetlands or waters of the U.S. present within the boundaries
of the parcel. After a thorough review of local soils and USGS topographic data, our firm conducted an on-site
evaluation of the property on October 13th, 2023, to determine the extent of wetlands or waters of the U.S.,
utilizing wetland criteria outlined in the United States Army Corps of Engineers (USACE) 1987 Corps of
Engineers Wetlands Delineation Manual (TR-Y-87-l) and the Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (TR-10-20). After a complete inspection of
the subject parcels, it is our firm’s opinion that there were no wetlands present within the boundaries of the site.
However, we strongly suggest getting final concurrence from the USACE.
If you need anything else, or have any questions, please feel free to contact us at (910) 515-8008.
Sincerely,
Noah Dean
Wetlands Biologist
Planning Board - February 1, 2024
ITEM: 2 - 7 - 22
Concept Plan
Planning Board - February 1, 2024
ITEM: 2 - 8 - 1
Planning Board - February 1, 2024
ITEM: 2 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - February 1, 2024
ITEM: 2 - 10 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 2/1/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Amy Doss, Associate Planner
CONTACT(S): Amy Doss, Associate Planner; Robert Farrell, Development Review Supervisor; Rebekah Roth,
Planning & Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z24-02) – Request by Cindee Wolf with Design Solu8ons, applicant, to rezone
approximately 2.81 acres zoned R-20, Residen8al located at 1540 Rockhill Road to (CZD) R-10, Residen8al for a
maximum 9 dwelling units.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 2.81 acres from R-20, Residen,al located at 1540 Rockhill Road to
(CZD)R-10, Residen,al for a maximum of 9 single family dwellings.
The proposed rezoning is intended to construct 9 single family dwellings as a performance residen,al subdivision with
associated stormwater and open space. Each dwelling unit is proposed on an individual lot. The applicant intends for
the units to be affordable to moderate income earners making between 60% - 120% of the Area Median Income
(AMI).
While the applicant intends the residen,al units to be workforce housing there are challenges to enforcing a condi,on
,ed to for-sale units. A condi,on requiring the units be affordable to the workforce if the development is a rental
project has been agreed to by the applicant.
The R-20 in this area was established in 1974. At the ,me, the purpose of the R-20 district was to ensure housing
served by private sep,c and wells would be developed at low densi,es. Since that ,me, public water and sewer have
become available to the surrounding area. While R-20 is the predominant zoning district in the area the Walnut Hills
Subdivision to the west was zoned R-10 and the North Oakley Circle Subdivision to the east was zoned R-15 as part of
Area 10A in 1974.
The purpose of the R-10 district is to provide lands that accommodate new residen,al neighborhoods and encourage
the conserva,on of exis,ng residen,al lots and neighborhoods. Neighborhoods in the R-10 district are rela,vely low
density in character and include a limited mix of single family and duplex housing types.
As currently zoned, the site would be permiAed up to 5 dwelling units and is currently vacant. The proposed 9 dwelling
units equate to an overall density of 3.2 du/ac, slightly less than the 3.3 units per acre maximum density allowed in the
R-10 district.
It is es,mated the site would generate approximately 4 AM and 5 PM peak hour trips if developed at the permiAed
density of the current R-20 zoning district. The proposed (CZD) R-10 development is es,mated to generate 6 AM and 8
PM peak hour trips, increasing the es,mated number of peak hour trips by approximately 2 AM and 3 PM trips.
Planning Board - February 1, 2024
ITEM: 3
The NCDOT and WMPO do not have traffic data related to Rockhill Road or Ervin's Place Drive. Ervin’s Place Drive is
not currently maintained by NCDOT. Increased traffic impacts on the road would be the responsibility of the property
owners along the road un,l the road is adopted by NCDOT. The lack of available data indicates the roads do not
currently experience heavy enough traffic volumes to warrant monitoring. While there is no specific data available to
indicate current or an,cipated impacts to roadway capacity the increase is in es,mated trips generated by the
proposed development is minimal. In addi,on, the project will be subject to NCDOT engineering review through the
driveway permiHng process.
The es,mated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance
requirement for a Traffic Impact Analysis (TIA).
Students living in the proposed development would be assigned to Wrightsboro Elementary School, Holly Shelter
Middle School, and Laney High School. Based on a generalized historic genera,on rate, staff would es,mate the
increase in homes would result in approximately 2 more students than the es,mated number of students generated
under exis,ng zoning.
The Comprehensive Plan designates this property as General Residen,al, a place type that focuses on lower-density
housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while recrea,on and school facili,es are encouraged
throughout. Types of uses include single-family residen,al, low-density mul,-family residen,al, light commercial, civic,
and recrea,onal.
The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed
density and housing type are in line with the recommenda,ons of the General Residen,al place type.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
While staff would have preferred Ervin’s Place Drive be adopted by NCDOT prior to addi,onal development, staff’s
recommenda,on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera,ons, and
technical review. The Wrightsboro area has been designated as General Residen,al within the Comprehensive Plan.
The plan recommends single-family residen,al development at a density of no more than 3.3 dwelling units per acre.
The scale and density of the proposed development is below the recommenda,ons for the place type and the housing
type is consistent with surrounding residen,al development.
As a result, Staff recommends approval of the request and suggests the following mo,on:
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the proposed density and housing type is within the recommenda,ons of
the General Residen,al place type. I also find recommending APPROVAL of the rezoning request is reasonable and in
the public interest because the project provides addi,onal housing diversity to the area.
Staff Proposed Condi8ons:
1. The permiAed density range is 0 dwelling units per acre to a maximum of 3.2 dwelling units per acre. Planning staff is
authorized to administra,vely approve reduc,ons in density within the permiAed range.
Planning Board - February 1, 2024
ITEM: 3
2. The housing type in the development shall be limited to detached single-family dwellings as defined in Sec,on 2.3 of
the Unified Development Ordinance.
3. Accessory dwelling units shall be prohibited.
4. Open space above the minimum required by the Unified Development Ordinance shall be permanently retained as
open space.
5. Units under common ownership used as rentals shall include a minimum of 100% of the units as workforce housing
units within the range of 80% to 120% AMI. An agreement between the developer and county will be required. The
agreement shall be established before the issuance of any Cer,ficate 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 the range of
80% to 120% AMI.
-The number of affordable units provided;
-The income limits;
-Rent limits subject to annual change;
-The period of ,me workforce housing units must remain affordable;
-Any other criteria necessary for compliance and monitoring;
-An established ,meframe for annual repor,ng from the developer or owner of the development to New Hanover
County. Annual reports shall provide the following minimum informa,on.
-Unit number
-Bedroom number
-Household size
-Tenant income
-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 expira,on of the minimum
15-year period of affordability the development shall be subject to enforcement measures found in Ar,cle 12
Viola,ons and Enforcement of the Unified Development Ordinance.
Alterna8ve Mo8on for DENIAL (if based on informa,on presented at the public hearing or other considera,on
beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the proposed density and housing type are in line with the
recommenda,ons of the General Residen,al place type. I find recommending DENIAL of the rezoning request is
reasonable and in the public interest because Ervin’s Place Drive is not state maintained.
ATTACHMENTS:
Descrip,on
Planning Board - February 1, 2024
ITEM: 3
Z24-02 PB Script
Z24-02 PB Staff Report
Z24-02 Zoning Map
Z24-02 FLUM
Z24-02 Mailout Map
Z24-02 Application Cover Sheet
Z24-02 Application
Z24-02 Concept Plan Cover Sheet
Z24-02 Concept Plan
Public Comment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - February 1, 2024
ITEM: 3
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z24-02)
Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 2.81 acres zoned
R-20, Residential located at 1540 Rockhill Road to (CZD) R-10, Residential for a maximum 9 dwelling
units.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s and supporters’ presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s and supporters’ rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with a motion and vote, I would like to invite the applicant to the podium.
Based on the Board discussion and items presented during the public hearing, would you like
withdraw your petition, request a continuance, or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because the proposed density and housing
type is within the recommendations of the General Residential place type. I also find
recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the project provides additional housing diversity to the area.
Staff proposed conditions:
1. The permitted density range is 0 dwelling units per acre to a maximum of 3.2 dwelling
units per acre. Planning staff is authorized to administratively approve reductions in
density within the permitted range.
2. The housing type in the development shall be limited to detached single-family dwellings
as defined in Section 2.3 of the Unified Development Ordinance.
3. Accessory dwelling units shall be prohibited.
4. Open space above the minimum required by the Unified Development Ordinance shall
be permanently retained as open space.
Planning Board - February 1, 2024
ITEM: 3 - 1 - 1
5. Units under common ownership used as rentals shall include a minimum of 100% of the
units as workforce housing units within the range of 80% to 120% AMI. An agreement
between the developer and county will be 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 the range of 80% to 120% 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.
Approval is subject to the applicant signing an agreement acknowledging the applicant’s consent
to all listed conditions. If the applicant does not provide a signed agreement within seven (7)
business days from the date of approval, then the rezoning application approval is null and void.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed density and
housing type are in line with the recommendations of the General Residential place type. I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because
Ervin’s Place Drive is not state maintained.
Planning Board - February 1, 2024
ITEM: 3 - 1 - 2
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) R-10 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 - February 1, 2024
ITEM: 3 - 1 - 3
Z24-02 Staff Report PB 02.01.2024 Page 1 of 15
STAFF REPORT FOR Z24-02
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z24-02
Request:
Rezoning to a Conditional R-10 district
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions John Pennington with Sixthree Development,
L.L.C.
Location: Acreage:
1540 Rockhill Road 2.81
PID(s): Comp Plan Place Type:
R02500-003-007-000 General Residential
Existing Land Use: Proposed Land Use:
Vacant and wooded lot Maximum 9 single-family dwelling units.
Current Zoning: Proposed Zoning:
R-20, Residential (CZD) R-10, Residential
SURROUNDING AREA
LAND USE ZONING
North Single Family Residential R-20
East Single Family Residential R-20 and CZD R-10 (Legacy
Landing Phase 1)
South Single Family Residential R-20
West
Single Family Residential R-20 and R-10 (Walnut
Hills)
Planning Board - February 1, 2024
ITEM: 3 - 2 - 1
Z24-02 Staff Report PB 02.01.2024 Page 2 of 15
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
July 9, 2018 Request to rezone straight R-20, Residential to R-10, Residential denied
(case Z18-06)
COMMUNITY SERVICES
Water/Sewer CFPUA water and sewer services are available in the area.
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 Laney High School
Recreation Cape Fear Optimist Park, Northern Regional Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources.
Historic No known historic resources.
Archaeological No known archaeological resources
Planning Board - February 1, 2024
ITEM: 3 - 2 - 2
Z24-02 Staff Report PB 02.01.2024 Page 3 of 15
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
• The proposed concept plan includes 9 single-family lots totaling 1.09 acres, which is the
maximum density permitted under a performance development in R-10.
• Each dwelling unit is proposed on an individual lot.
• The applicant intends for the units to be affordable to moderate income earners making
between 60% - 120% of the Area Median Income (AMI).
• Open space totaling 1.72 acres is proposed on the north end of the development along
Rockhill Road and on the southern end of the development adjacent to residential parcels
to the south.
• An existing private access easement is located in the southwestern corner of the property,
recorded with the intention of providing access to Cottonwood Lane.
• In addition, a stormwater management system is proposed in the middle of the 9 lots.
• While the applicant intends the residential units to be workforce housing there are
challenges in enforcing a condition tied to for-sale units. A condition requiring the units be
affordable to the workforce if the development is a rental project has been agreed to by
the applicant.
ZONING CONSIDERATIONS
• The R-20 district in this area was established in 1974. At the time, the purpose of the R-20
district was to ensure housing served by private septic and wells would be developed at
low densities. Since that time, public water and sewer services have become available to
the surrounding area.
Single Family Lots
Open Space
Proposed
Stormwater
Single Family Lots
Open Space
45’ Private Access Easement
Planning Board - February 1, 2024
ITEM: 3 - 2 - 3
Z24-02 Staff Report PB 02.01.2024 Page 4 of 15
• While R-20 is the predominant zoning district in the area, the Walnut Hills Subdivision to
the west was zoned R-10 and the North Oakley Circle Subdivision to the east was zoned R-
15 as part of Area 10A in 1974.
• Since that time, the surrounding area has seen gradual shifts toward slightly higher density
residential development such as the Bountiful Village Subdivision to the southeast zoned CZD
R-10 in 2018, the Habitat for Humanity project on Castle Hayne Road zoned R-10 in 2020,
and to the east Legacy Landing Phase 1 zoned CZD R-10 in 2021.
• Currently, under the performance residential standards, the subject property would be
permitted a maximum of 5 dwelling units at a density of 1.9 dwelling units per acre.
• The R-10 district was established to provide lands that accommodate new residential
neighborhoods and encourage the conservation of existing residential lots and
neighborhoods. Neighborhoods in the R-10 district are relatively low density in character
and include a limited mix of single family and duplex housing types.
• The proposed 9 lot single-family development equates to an overall density of 3.2 du/ac,
slightly less than the 3.3 units per acre maximum density allowed in the R-10 district.
• If approved the project would be developed under the Performance Residential
development standards which requires a minimum 20-foot buffer, commonly referred to as
a “performance buffer,” along the project boundary. The performance buffer is a setback
and does not require vegetation or fencing.
• The project also proposes 48% open space, 28% more than the minimum required under
the Performance Residential development standards of the UDO which requires 20% open
space.
• If approved, the project would be subject to the Technical Review Committee and Zoning
Compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
Planning Board - February 1, 2024
ITEM: 3 - 2 - 4
Z24-02 Staff Report PB 02.01.2024 Page 5 of 15
AREA DEVELOPMENTS
Planning Board - February 1, 2024
ITEM: 3 - 2 - 5
Z24-02 Staff Report PB 02.01.2024 Page 6 of 15
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow a maximum
of 5 dwelling units.
PROPOSED ACCESS
Primary Access Rockhill Road via a full access driveway.
Secondary Access Ervin’s Place Drive (Dedicated for public use, but not accepted by
NCDOT)
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Ervin’s Place Drive Rockhill Road
Type of Roadway Local Road Local Road
Planning Board - February 1, 2024
ITEM: 3 - 2 - 6
Z24-02 Staff Report PB 02.01.2024 Page 7 of 15
Roadway Planning
Capacity (AADT) N/A 4,000*
Latest Traffic Volume
(AADT) N/A N/A
Latest WMPO Point-in-Time
Count (DT) N/A N/A
Current Level of Congestion N/A Available Capacity
Sources
Source of Planning Capacity: WMPO
Source of Latest Traffic Volume: N/A
Source of WMPO Point-in-Time County: N/A
NEARBY NCDOT STIP ROADAWAY PROJECTS
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 3 6 +3
PM Peak Hour Trips 4 8 +4
Assumptions
Typical Development with Existing Zoning – 5 single family detached
dwellings.
Proposed Development – 9 single-family dwellings
Sources Source of Trip Generation: ITE Trip Generation Manual, 11th Ed.
TRAFFIC IMPACT ANALYSIS (TIA)
The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the
ordinance requirement for a Traffic Impact Analysis (TIA).
SUMMARY
The NCDOT and WMPO do not have traffic data related to Ervin’s Place Drive or Rockhill Road.
Ervin’s Place Drive is not currently maintained by NCDOT. Increased traffic impacts on the road would
be the responsibility of the property owners along the road until the road is adopted by NCDOT.
The lack of available data for Rockhill Road indicates the road does not currently experience heavy
enough traffic volumes to warrant monitoring. While there is no specific data available to indicate
current or anticipated impacts to roadway capacity the increase in estimated trips generated by the
proposed development is minimal. In addition, the project will be subject to NCDOT engineering
review through the driveway permitting process.
Planning Board - February 1, 2024
ITEM: 3 - 2 - 7
Z24-02 Staff Report PB 02.01.2024 Page 8 of 15
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or Special Flood Hazard Area.
• 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 I (suitable/ slight limitation), class II (moderate limitation), and Class
III (sever limitation) soils.
OTHER CONSIDERATIONS
Schools
• Students living in the proposed development would be assigned to Wrightsboro Elementary
School, Holly Shelter Middle School and Laney High School. Students may apply to attend
public magnet, year-round elementary, or specialty high schools.
• A maximum of 5 dwelling units would be permitted under the current R-20 and (CZD) R-10
zoning base density, and 9 units could potentially be developed under the proposed zoning
for an increase of 4 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 1 additional student 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.
Development Type Intensity Estimated Student Yield
(current general student generation rate) *
Existing Development 0 single-family
dwellings
Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
Typical Development Under
Current Zoning 5 residential units Approximate** Total: 1
(1 elementary, 0 middle, 0 high)
Proposed Zoning 9 residential units Approximate** Total: 2
(1 elementary, 0 middle, 1 high)
Planning Board - February 1, 2024
ITEM: 3 - 2 - 8
Z24-02 Staff Report PB 02.01.2024 Page 9 of 15
*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. Those upgrade projects have not been finalized by
the New Hanover County School Board.
Level Total NHC
Capacity School
Projected
Enrollment
of
Assignment
School
Capacity of
Assigned
School
w/Portables
Capacity
of Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 90% Wrightsboro 484 595 81% None
Middle 89% Holly Shelter 818 991 83% None
High 99% Laney 2251 1927 117% None
Planning Board - February 1, 2024
ITEM: 3 - 2 - 9
Z24-02 Staff Report PB 02.01.2024 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-10
rezoning would 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.
The 2022 Housing Needs Assessment, also
known as the Bowen Report, concluded there
is an estimated overall housing gap of 12,147
rental units and a gap of 16,875 for-sale units
within the county over the next 10 years. The
proposed project is being developed by
Sixthree Development, L.L.C., who has
committed to providing workforce housing
within the range of 80-120 % 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
proposes 48% open space, 28% more than
the minimum required for performance
residential developments.
Planning Board - February 1, 2024
ITEM: 3 - 2 - 10
Z24-02 Staff Report PB 02.01.2024 Page 11 of 15
Representative Developments
Representative Developments of Single Family Residential:
Legacy Landing Phase 1 Subdivision
Apple Valley Subdivision
Planning Board - February 1, 2024
ITEM: 3 - 2 - 11
Z24-02 Staff Report PB 02.01.2024 Page 12 of 15
Context and Compatibility
• The property is centrally located along Rockhill Road approximately midway between
Castle Hayne Road and higher density residential west of the I-140 corridor. The site is also
north of the Wrightsboro community and south of the GE employment center.
• Existing comparably zoned neighborhoods have been in existence since the adoption of
initial zoning for the area which includes a mix of small and large single-family dwellings.
• Since the extension and availability of public water and sewer, developments within the
recommendations of the General Residential place type have been approved in the area.
These developments, while considered lower density, are slightly higher than existing
surrounding development.
• Additional future residential growth within the General Residential place type
recommendations is anticipated in this area.
• The proposed maximum density of 3.2 du/ac is below the 3.3 du/ac maximum allowed for
the R-10 zoning district and less than the maximum recommended for the General
Residential place type.
• While the applicant has stated the proposed units are intended for workforce housing,
because the lots can be individually sold the proposed condition only applies to lots under
common ownership. There is not currently a means to guarantee short or long-term
affordability for a project if parcels are under separate individual ownership.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Planning Board - February 1, 2024
ITEM: 3 - 2 - 12
Z24-02 Staff Report PB 02.01.2024 Page 13 of 15
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on lower-density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout. Types of uses
include single-family residential, low-density multi-family residential, light
commercial, civic, and recreational.
Analysis
The property is centrally located along Rockhill Road approximately
midway between Castle Hayne Road and higher density residential west of
the I-140 corridor. The site is also north of the Wrightsboro community and
south of the GE employment center.
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.
The proposed density of 3.2 du/ac is below the 8 du/ac maximum
recommended for the General Residential place type. The proposed
housing type is also within those recommended for the place type.
Additional future residential growth within the General Residential place
type recommendations is anticipated in this area.
Consistency
Recommendation
The proposed rezoning request is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed density and housing type are in
line with the recommendations of the General Residential place type. The
dedicated open space provides additional buffers from the road and from
the single-family residential to the south.
STAFF RECOMMENDATION
While staff would have preferred Ervin’s Place Drive be adopted by NCDOT prior to additional
development, staff’s recommendation is based on the policy guidance of the 2016 Comprehensive
Plan, zoning considerations, and technical review. The Wrightsboro area has been designated as
General Residential within the Comprehensive Plan. The plan recommends single-family residential
development at a density of no more than 3.3 dwelling units per acre.
The scale and density of the proposed development is below the recommendations for the place
type and the housing type is consistent with surrounding residential development.
Planning Board - February 1, 2024
ITEM: 3 - 2 - 13
Z24-02 Staff Report PB 02.01.2024 Page 14 of 15
As a result, Staff recommends approval of the request and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed density and housing type is within the recommendations of the General
Residential place type. I also find recommending APPROVAL of the rezoning request
is reasonable and in the public interest because the project provides additional housing
diversity to the area.
Staff Proposed Conditions:
1. The permitted density range is 0 dwelling units per acre to a maximum of 3.2 dwelling
units per acre. Planning staff is authorized to administratively approve reductions in
density within the permitted range.
2. The housing type in the development shall be limited to detached single-family
dwellings as defined in Section 2.3 of the Unified Development Ordinance.
3. Accessory dwelling units shall be prohibited.
4. Open space above the minimum required by the Unified Development Ordinance shall
be permanently retained as open space.
5. Units under common ownership used as rentals shall include a minimum of 100% of the
units as workforce housing units within the range of 80% to 120% AMI. An agreement
between the developer and county will be 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 the range of 80% to 120% 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
Planning Board - February 1, 2024
ITEM: 3 - 2 - 14
Z24-02 Staff Report PB 02.01.2024 Page 15 of 15
• 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.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed density and housing type are in line with the recommendations of the General
Residential place type. I find recommending DENIAL of the rezoning request is
reasonable and in the public interest because Ervin’s Place Drive is not state maintained.
Planning Board - February 1, 2024
ITEM: 3 - 2 - 15
Planning Board - February 1, 2024
ITEM: 3 - 3 - 1
Planning Board - February 1, 2024
ITEM: 3 - 4 - 1
Planning Board - February 1, 2024
ITEM: 3 - 5 - 1
Initial Application
Documents & Materials
Planning Board - February 1, 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
John Pennington
Sixthree Development, L.L.C.
706-294-4420 (Contact: Kevin Powell)
kpplanner1@fastmail.com
Wilmington, NC 28403
c/o Nancy Guyton 219 Racine Drive, Suite B
Planning Board - February 1, 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.
See Attached List See Attached List
General Residential
(CZD) R-10
N/A
2.81 ac. R-20 (Vacant)
2.81 ac.
9 Single-family Lots (3.2 units/ac)
Planning Board - February 1, 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:
REFERENCE SITE PLAN FOR LAYOUT, PROPOSED IMPROVEMENTS AND DETAILS.
9 dwelling units
7 9
Single-family Home (210)
All homes would be committed to qualification as "workforce" housing within the 80-120%AMI criteria by HUD standards for a period of no less than 15 years.
Planning Board - February 1, 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 - February 1, 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 - February 1, 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
N/A
CAW
CAW
Planning Board - February 1, 2024
ITEM: 3 - 7 - 6
Planning Board - February 1, 2024
ITEM: 3 - 7 - 7
Planning Board - February 1, 2024
ITEM: 3 - 7 - 8
Planning Board - February 1, 2024
ITEM: 3 - 7 - 9
Planning Board - February 1, 2024
ITEM: 3 - 7 - 10
Legal DescripƟon for
CondiƟonal District Rezoning of
1540 Rockhill Road
Beginning in the southern boundary of Rockhill Road (S.R. 1331), a 60’ public right-of-way; said
point being at its intersecƟon with the western boundary of Ervin’s Place Drive, dedicated as a
50’ public right-of-way as recorded in the New Hanover County Registry in Map Book 39, at Page
20; and running thence from the point of beginning with the Ervin’s Place Drive right-of-way:
South 06013’51” West, 1367.36 feet to a point; thence
North 84036’13” West, 275.06 feet to a point; thence
North 05016’58” East, 99.06 feet to a point; thence
South 84036’41” East, 200.62 feet to a point; thence
North 06021’24” East, 194.18 feet to a point; thence
North 06018’03” East, 1075.14 feet to a point in the southern boundary of Rockhill Road;
thence with that right-of-way,
South 83048’23” East, 74.30 feet to the point and place of beginning, containing 2.81 acres
more or less.
Planning Board - February 1, 2024
ITEM: 3 - 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
1540 Rockhill Road 3210166.94.4027 [R02500-003-007-000]
Saturday, December 16, 2023
In-person w/ offer of tel. & email alternatives Shelter #2 / Northern Regional Park
Closet public park to the project location.
Planning Board - February 1, 2024
ITEM: 3 - 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
None. There were no specific issues voiced by the attendees.
CAW
CAW
CAW
CAW
December 5, 2023
Cynthia Wolf - Design Solutions
12/28/23
Planning Board - February 1, 2024
ITEM: 3 - 7 - 13
Planning Board - February 1, 2024
ITEM: 3 - 7 - 14
Planning Board - February 1, 2024
ITEM: 3 - 7 - 15
Planning Board - February 1, 2024
ITEM: 3 - 7 - 16
ADJACENT PROPERTIES WITHIN 500' PERIMETER OF 1540 ROCKHILL ROAD:
OWNER ADDRESS CITY / STATE / ZIP
3131 REMINISCE LTD PTRNP 2840 S COLLEGE RD UNIT 319 WILMINGTON NC 28412
ADDISON THERESA 202 BERRY ST CASTLE HAYNE NC 28429
ALKIRE NICHOLAS A 3205 REMINISCE RD CASTLE HAYNE NC 28429
ALLEN ANGELA R 3208 ERVINS PLACE DR CASTLE HAYNE NC 28429
ANSON MARY K 3220 ERVINS PLACE DR CASTLE HAYNE NC 28429
ARMSTRONG MARJORIE 103 APPLE RD CASTLE HAYNE NC 28429
BALLARD GLORINE WILLIAMS HRS 203 HEATHER LN CASTLE HAYNE NC 28429
BALLARD GREGORY 3127 REMINISCE RD CASTLE HAYNE NC 28429
BAUTISTA GONZALEZ DIANA S 3706 CAROLINA BCH RD #13 WILMINGTON NC 28412
BLOODWORTH GEORGE E JR 3119 REMINISCE RD CASTLE HAYNE NC 28429
BOYKIN DENTRAL N 208 BERRY ST CASTLE HAYNE NC 28429
BROWN SYNESE YVETTE 3213 REMINISCE RD CASTLE HAYNE NC 28429
BURGESS VINCENT L BENAYE R 3209 REMINISCE RD CASTLE HAYNE NC 28429
BYRD WILLIE R JR 1611 ROCKHILL RD CASTLE HAYNE NC 28429
CANADY RICHARD L MARTHA O 318 WINDING CREEK DR ROCKY POINT NC 28457
CECIL MICHAEL W JR KALI R 209 BERRY CT CASTLE HAYNE NC 28429
CKMCAPITAL LLC 8121 MASONBORO SOUND RD WILMINGTON NC 28409
CMH HOMES INC 5000 CLAYTON RD MARYVILLE TN 37804
COLLINS HOWARD LUETTA 3112 ERVINS PLACE DR CASTLE HAYNE NC 28429
COOPER HARVEY B 101 APPLE RD CASTLE HAYNE NC 28429
CRUMEL LENNY 107 BERRY CT CASTLE HAYNE NC 28429
DANIEL MAURICE 3123 REMINISCE RD CASTLE HAYNE NC 28429
DANIELS HELEN D JINWRIGHT 3135 REMINISCE RD CASTLE HAYNE NC 28429
DAVIS FREDRICK 1521 ROCK HILL RD CASTLE HAYNE NC 28429
DILLARD LEONARD 3104 ERVINS PLACE DR CASTLE HAYNE NC 28429
DILLARD LEONARD JR RACHEL 3108 ERVINS PLACE DR CASTLE HAYNE NC 28429
EDWARDS BEVERLY JEAN 3108 SUN BEAM CT CASTLE HAYNE NC 28429
FRANKS DELORES L 107 APPLE RD CASTLE HAYNE NC 28429
GALINDO ACOSTA RAMON ETAL 3120 ERVINS PLACE DR CASTLE HAYNE NC 28429
GARCIA JASMINE L 3207 REMINISCE RD CASTLE HAYNE NC 28429
GARCIA LYNDA R ERNESTO P 3104 SUN BEAM CT CASTLE HAYNE NC 28429
GAUSE CYNTHIA ANN 3203 REMINISCE RD CASTLE HAYNE NC 28429
GIRON EXTERIOR SERVICES LLC 108 N KERR AVE STE G3 WILMINGTON NC 28405
GONZALEZ LUIS ET UX 719 MIDDLE SOUND LOOP RD WILMINGTON NC 28411
HALL SIXTA T 6210 COATBRIDGE LN CHARLOTTE NC 28212
HANKINS CATHLEEN R 104 BERRY ST CASTLE HAYNE NC 28429
HANSLEY TERRELL JUANITA 3105 SUN BEAM CT CASTLE HAYNE NC 28429
HERNANDEZ JOSE RAMIREZ 3116 ERVINS PLACE DR CASTLE HAYNE NC 28429
HERNANDEZ LARA DARWIN ETAL 5120 CAROLINA BCH RD #25 WILMINGTON NC 28412
HEWETT JENNENE S ETAL 3224 ERVINS PLACE DR CASTLE HAYNE NC 28429
HIBBERT ENTERPRISES INC 4027 APPLETON WAY WILMINGTON NC 28412
HILL MICHAEL A ETAL 1701 ROCK HILL RD CASTLE HAYNE NC 28429
HINMAN DANIELLE 110 APPLE RD CASTLE HAYNE NC 28429
HINSON JOANN 306 COTTON WOOD LN CASTLE HAYNE NC 28429
Planning Board - February 1, 2024
ITEM: 3 - 7 - 17
HOLLIDAY TIMOTHY R ETAL 4921 CROFTON SPRINGS CT GREENSBORO NC 27407
HOOSIER DADDY LLC 8620 RIVER RD WILMINGTON NC 28412
JENKINS JULIA MAE LIFE ESTATE 46 S MITCHELL AVE LIVINGSTON NJ 07039
JEWELL PATRICK DIANA 209 FAYETTEVILLE AVE CAROLINA BEACH NC 28428
JOHNSON KENNETH JAMES ETAL 3101 SUN BEAM CT CASTLE HAYNE NC 28429
KAMIL HELENA S 308 HEATHER DR SUNSET BEACH NC 28468
KING JAMES H JR CHRISTINE M 3201 REMINISCE RD CASTLE HAYNE NC 28429
LANE WANDA ETAL 108 BERRY ST CASTLE HAYNE NC 28429
LAWSON DEBRA E 308 COTTON WOOD LN CASTLE HAYNE NC 28429
LEE WILLIE MAE 19 APPLE RD CASTLE HAYNE NC 28429
LEGAGNEUR PASCAL VANDA 1227 FAIRBANKS AVE BAY SHORE NY 11706
LONG WILLIE MAE 17 APPLE RD CASTLE HAYNE NC 28429
MCCLORY RAYMOND C TRUSTEE 508 JENOA DR CASTLE HAYNE NC 28429
MCINTYRE BRENDA L 201 HEATHER LN CASTLE HAYNE NC 28429
MCKOY REGINALD EVELYN 206 BERRY CT CASTLE HAYNE NC 28429
MILLS KAREN L 15 APPLE RD CASTLE HAYNE NC 28429
MONTALBAN HOLLYANN E VICTOR 4300 PEACHTREE AVE #12 WILMINGTON NC 28403
MONTANO ALFONSO O 205 HEATHER LN CASTLE HAYNE NC 28429
NIXON DON E 103 BERRY ST CASTLE HAYNE NC 28429
NIXON MICHAEL L ANNIE 11 APPLE RD CASTLE HAYNE NC 28429
OGELSBY SANDRA E 1508 ROCK HILL RD CASTLE HAYNE NC 28429
OUR HOUSE YOUR HOME LLC 1114 MERCHANT LN CAROLINA BEACH NC 28428
PENNINGTON JOHN E 503 HEADGATE CT MARTINEZ GA 30907
PERKINS JACKQUELINE ELAINE HRS 3140 REMINISCE RD CASTLE HAYNE NC 28429
PINER JEREMY D 507 CHARLOTTE AVE CAROLINA BEACH NC 28428
PYATT ISAIAH ARCINA V 201 BERRY ST CASTLE HAYNE NC 28429
RILEY JENNIFER D 3136 REMINISCE RD CASTLE HAYNE NC 28429
ROGERS ELIZABETH ROBERSON 207 HEATHER LN CASTLE HAYNE NC 28429
ROMERO JUAN TORRIE SCHAUER 3228 ERVINS PLACE DR CASTLE HAYNE NC 28429
ROUSE CAROLYN 106 BERRY ST CASTLE HAYNE NC 28429
SELF JASON E 3100 ERVINS PLACE DR CASTLE HAYNE NC 28429
SERRANO JOSE C S ETAL 3224 N COLLEGE RD WILMINGTON NC 28405
SHAW JERRY LEON 109 BERRY ST CASTLE HAYNE NC 28429
SMITH ANDREA 1601 ROCK HILL RD CASTLE HAYNE NC 28429
TAYLOR LEON J JOEANN 3212 ERVINS PLACE DR CASTLE HAYNE NC 28429
TAYLOR LEON JEFFERSON 1 MISTY LN CASTLE HAYNE NC 28429
TAYLOR LEONARD BARBARA D 113 APPLE RD CASTLE HAYNE NC 28429
THURMAN CYNTHIA A JOSEPH F 112 APPLE RD CASTLE HAYNE NC 28429
WESTINGHOUSE MARILYN B 13 APPLE RD CASTLE HAYNE NC 28429
WILLIAMS DONALD N PAT 105 APPLE RD CASTLE HAYNE NC 28429
WILLIAMS LINDA RUTH ETAL 3211 REMINISCE RD CASTLE HAYNE NC 28429
WILLIAMS MELLONICE 3139 REMINISCE RD CASTLE HAYNE NC 28429
WORTHY KENNETH JASON SHERIDA 3100 SUN BEAM CT CASTLE HAYNE NC 28429
WRISBON EDWARD HEIRS 9069 SE BRANCH WAY WINNABOW NC 28479
WRISBON MARY B HEIRS 1516 ROCK HILL RD CASTLE HAYNE NC 28429
Planning Board - February 1, 2024
ITEM: 3 - 7 - 18
December 5, 2023
To: Adjacent Property Owners
Re: Ervins Place Drive / Community Info Meeting Notice
Sixthree Development, L.L.C., current owner of the referenced tract, seeks to development nine (9) new
single-family homes. The proposed plan is to cluster them to preserve more of the existing trees within open
space areas to the North & South of the lots. A rezoning from the existing R-20 district to R-10 is necessary.
The rezoning petition will be for a Conditional District, and requiring approval from the New Hanover County
Commissioners.
A Conditional Zoning District allows particular uses to be established only in accordance with specific
standards & conditions pertaining to each individual development project. Essentially, this means that only
the use, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed.
The County requires that the developer hold a meeting for all property owners within 500 feet of the tract
boundary, and any other interested parties. This tract of land is within that proximity of your property. This
provides neighbors with an opportunity for explanation of the proposal and for questions to be answered
concerning project improvements, benefits and impacts.
A meeting will be held on Saturday, December 16th, Noon, at Shelter #2 of the Northern Regional Park, 4700
Old Avenue, Castle Hayne, 6:00 p.m. The location is left from Old Avenue, towards the tennis courts.
If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910-620-2374, or
email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and
look forward to being a good neighbor and an asset to the community.
Planning Board - February 1, 2024
ITEM: 3 - 7 - 19
Planning Board - February 1, 2024
ITEM: 3 - 7 - 20
24
Planning Board - February 1, 2024
ITEM: 3 - 7 - 21
Planning Board - February 1, 2024
ITEM: 3 - 7 - 22
Concept Plan
Planning Board - February 1, 2024
ITEM: 3 - 8 - 1
Planning Board - February 1, 2024
ITEM: 3 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - February 1, 2024
ITEM: 3 - 10 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 2/1/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor
CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director
SUBJECT:
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. This item was connued from the January 4, 2024 regular meeng.
BRIEF SUMMARY:
The applicant is reques!ng a special use permit to operate an approximately 144-acre high intensity sand mine on a
parcel located off Highway 421 just south of the Pender County line adjacent to an exis!ng sand mine.
The concept plan includes a 50-foot-wide buffer around the perimeter of the mine with an addi!onal 25-foot
vegeta!ve buffer along Highway 421 and the northern property line.
The Unified Development Ordinance allows high intensity mines and quarries in the I-2 district with approval of an
Intensive Industry Special Use Permit. Special Use Permits are required for intensive industries in order to evaluate site
specific condi!ons of a project and allow addi!onal public review. Community informa!on mee!ngs are required for
Intensive Industry Special Use Permits prior to submi3ng an applica!on. The applicant held a community informa!on
mee!ng on Tuesday, November 14, 2023.
The project proposes full access onto Highway 421, a NCDOT state highway through the exis!ng driveway access at
the neighboring 421 Sand Mine. As currently zoned, it is es!mated the site would generate approximately 119 AM and
119 PM peak hour trips. While specific engineering metrics do not exist to es!mate traffic genera!on at a sand mine,
the applicant has provided es!mates that the proposed use would result in approximately 44 AM and 7 PM peak hour
trips, decreasing the es!mated number of peak hour trips by approximately -75 AM and -112 PM. The es!mated traffic
generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic
Impact Analysis (TIA).
The 2016 Comprehensive Plan classifies the subject project area as Commerce Zone. The Commerce Zone place type
focuses on providing areas for employment and produc!on hubs, predominately composed of light and heavy
industrial uses, though office and complementary commercial uses are also allowed. Densi!es are dependent, in part,
on the type of industry, and residen!al uses are discouraged.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning Board - February 1, 2024
ITEM: 4
As this is a preliminary forum the Planning Board does not make a decision or recommenda!on on special use permits.
The board is requested to hear the presenta!ons of staff, the applicant, and the public to facilitate an open and
transparent discussion of the special use permit applica!on. Ques!ons and comments related to the following topics
are encouraged:
- Components of the proposal that are not clear or where addi!onal informa!on is needed in order to understand the
project,
- Advice to the applicant on the presenta!on they will be making to the Board of Commissioners mee!ng,
- Advice to the par!es speaking in opposi!on on what they may want to consider when preparing for the Board of
Commissioners mee!ng, and
- Advice for both par!es on poten!al issues that should be addressed before the public hearing.
ATTACHMENTS:
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
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - February 1, 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 - February 1, 2024
ITEM: 4 - 1 - 1
Planning Board - February 1, 2024
ITEM: 4 - 2 - 1
Planning Board - February 1, 2024
ITEM: 4 - 3 - 1
Planning Board - February 1, 2024
ITEM: 4 - 4 - 1
Initial Application
Documents & Materials
Planning Board - February 1, 2024
ITEM: 4 - 5 - 1
Planning Board - February 1, 2024
ITEM: 4 - 6 - 1
Planning Board - February 1, 2024
ITEM: 4 - 6 - 2
Planning Board - February 1, 2024
ITEM: 4 - 6 - 3
Planning Board - February 1, 2024
ITEM: 4 - 6 - 4
Planning Board - February 1, 2024
ITEM: 4 - 6 - 5
Planning Board - February 1, 2024
ITEM: 4 - 6 - 6
Planning Board - February 1, 2024
ITEM: 4 - 6 - 7
Planning Board - February 1, 2024
ITEM: 4 - 6 - 8
Planning Board - February 1, 2024
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 - February 1, 2024
ITEM: 4 - 6 - 10
Planning Board - February 1, 2024
ITEM: 4 - 6 - 11
Planning Board - February 1, 2024
ITEM: 4 - 6 - 12
Planning Board - February 1, 2024
ITEM: 4 - 6 - 13
Planning Board - February 1, 2024
ITEM: 4 - 6 - 14
Planning Board - February 1, 2024
ITEM: 4 - 6 - 15
Planning Board - February 1, 2024
ITEM: 4 - 6 - 16
Planning Board - February 1, 2024
ITEM: 4 - 6 - 17
Planning Board - February 1, 2024
ITEM: 4 - 6 - 18
Planning Board - February 1, 2024
ITEM: 4 - 6 - 19
Planning Board - February 1, 2024
ITEM: 4 - 6 - 20
Planning Board - February 1, 2024
ITEM: 4 - 6 - 21
Planning Board - February 1, 2024
ITEM: 4 - 6 - 22
Planning Board - February 1, 2024
ITEM: 4 - 6 - 23
Planning Board - February 1, 2024
ITEM: 4 - 6 - 24
Planning Board - February 1, 2024
ITEM: 4 - 6 - 25
Planning Board - February 1, 2024
ITEM: 4 - 6 - 26
Planning Board - February 1, 2024
ITEM: 4 - 6 - 27
Planning Board - February 1, 2024
ITEM: 4 - 6 - 28
Planning Board - February 1, 2024
ITEM: 4 - 6 - 29
Planning Board - February 1, 2024
ITEM: 4 - 6 - 30
Planning Board - February 1, 2024
ITEM: 4 - 6 - 31
Planning Board - February 1, 2024
ITEM: 4 - 6 - 32
Planning Board - February 1, 2024
ITEM: 4 - 6 - 33
Planning Board - February 1, 2024
ITEM: 4 - 6 - 34
Planning Board - February 1, 2024
ITEM: 4 - 6 - 35
Planning Board - February 1, 2024
ITEM: 4 - 6 - 36
Planning Board - February 1, 2024
ITEM: 4 - 6 - 37
Planning Board - February 1, 2024
ITEM: 4 - 6 - 38
Planning Board - February 1, 2024
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 - February 1, 2024
ITEM: 4 - 6 - 40
Planning Board - February 1, 2024
ITEM: 4 - 6 - 41
Planning Board - February 1, 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 - February 1, 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 aƩorney 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 - February 1, 2024
ITEM: 4 - 6 - 44
Concept Plan
Planning Board - February 1, 2024
ITEM: 4 - 7 - 1
Planning Board - February 1, 2024
ITEM: 4 - 8 - 1
Planning Board - February 1, 2024
ITEM: 4 - 8 - 2
Planning Board - February 1, 2024
ITEM: 4 - 8 - 3