05-2-2024 Planning Board Agenda Packet
NEW HANOVER COUNTY
PLANNING BOARD AGENDA
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301 Wilmington, NC 28401
Members of the Board
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
MAY 2, 2024 6:00 PM
Mee3ng Called To Order
Pledge of Allegiance
Approval of Minutes
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substanal changes in these peons as a result of objecons, debate,
and discussion at the meeng, including rezoning to other classificaons.
1 Preliminary Forum
Special Use Permit Request (S24-01) - Tarin Woods - Shiloh Drive Addi3onal Dwelling Allowance -
Request by Samuel Po:er with Equitas Law Partners, LLC, applicant, on behalf of Hoosier Daddy,
LLC, property owner, for an Addi3onal Dwelling Allowance to increase the allowed density up to
10.2 dwelling units per acre for 24 parcels totaling approximately 16.78 acres of land currently
zoned R-15, Residen3al located at 535, 539, 543, and 547 Manassas Drive and unaddressed
parcels on the 5900 block of Shiloh Drive.
2 Public Hearing
Rezoning Request (Z24-07) - Request by Sam Franck with Ward and Smith, P.A., applicant, on
behalf of the YMCA of Southeastern North Carolina, INC, property owner, to rezone
approximately 53 acres of an approximately 242-acre parcel zoned R-15, Residen3al located on
the 6600 block of the north side of Sidbury Road to a general use CB, Community Business
district.
3 Public Hearing
Rezoning Request (Z24-03) – Request by Cindee Wolf with Design Solu3ons, applicant, on behalf
of Li:lebird Proper3es, LLC, property owner, to rezone approximately 4.93 acres zoned B-1,
Neighborhood Business and R-20, Residen3al located at 3121 Castle Hayne Road to (CZD) B-2,
Regional Business for two commercial structures totaling a maximum 19,150 square feet for the
use of Contractor Office and other limited uses.
4 Public Hearing - NOTE: This item has been withdrawn by the applicant.
Rezoning Request (Z24-04) – Request by Cindee Wolf with Design Solu3ons, applicant, on behalf
of Perry Eugene Hewle:, owner, to rezone approximately 2.89 acres zoned R-20, Residen3al
located at 229 Pages Creek Drive to (CZD) R-15, Residen3al for a maximum of 7 dwelling
units. This item has been withdrawn by the applicant.
5 Public Hearing
Text Amendment Request (TA-24-02) - Request by New Hanover County Planning & Land Use to
Planning Board - May 2, 2024
amend Ar3cle 10 of the Unified Development Ordinance to incorporate standards for required
Agreements to Condi3ons.
6 Public Hearing
Comprehensive Plan Update - Request by New Hanover County Planning & Land Use to amend
the New Hanover County Comprehensive Plan to incorporate revisions to bicycle and pedestrian
infrastructure policies.
7 Comprehensive Plan Amendment - Staff Presenta3on - Residen3al Density and Infill Guidelines -
Public Comment DraI Release
Planning Board - May 2, 2024
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 5/2/2024
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 (S24-01) - Tarin Woods - Shiloh Drive Addi5onal Dwelling Allowance - Request by
Samuel Po9er with Equitas Law Partners, LLC, applicant, on behalf of Hoosier Daddy, LLC, property owner, for an
Addi5onal Dwelling Allowance to increase the allowed density up to 10.2 dwelling units per acre for 24 parcels
totaling approximately 16.78 acres of land currently zoned R-15, Residen5al located at 535, 539, 543, and 547
Manassas Drive and unaddressed parcels on the 5900 block of Shiloh Drive.
BRIEF SUMMARY:
The applicant is reques!ng a special use permit for an addi!onal dwelling allowance to construct a residen!al project
consis!ng of a mix of mul!-family, row, and quadraplex housing types on approximately 16.78 acres of land between
Carolina Beach Road and the exis!ng Tarin Woods Subdivision. The proper!es are currently vacant and zoned R-15,
Residen!al.
The exis!ng R-15 district allows mul!-family, row, and quadraplex housing by-right at a maximum density of 2.5
dwelling units per acre for a maximum of 42 dwelling units. The Unified Development Ordinance (UDO) allows for the
density of R-15 proper!es to be increased to a maximum of 10.2 dwelling units per acre with the approval of a special
use permit by the Board of Commissioners. The applicant is reques!ng the maximum density allowed for an addi!onal
dwelling allowance in the R-15 district.
The project proposes full access at two loca!ons on Manassas Drive, an NCDOT maintained local road. The
development also interconnects with the exis!ng Tarin Woods Subdivision private roads at Sweetgum Drive, Sand
Ridge Drive, and Black Ashe Run. Addi!onally, a condi!on has been provided guaranteeing a road stub for future
connec!on to an adjacent commercially zoned parcel fron!ng Carolina Beach Road.
It is es!mated the site would generate approximately 29 AM and 39 PM peak hour trips if developed at the permi>ed
density of the current R-15 district. The proposed addi!onal dwelling allowance is es!mated to generate 76 AM and
94 PM trips, increasing the es!mated number of peak hour trips by approximately 47 AM and 55 PM trips.
While 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 subject parcels and addi!onal traffic was included in the TIA for
the larger Tarin Woods Subdivision. NCDOT has stated all required improvements of the TIA have been built and
accepted by NCDOT.
The 2016 Comprehensive Land Use Plan classifies the proper!es as General Residen!al. The General Residen!al place
type 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,
Planning Board - May 2, 2024
ITEM: 1
residen!al, light commercial, civic, and recrea!onal.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
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,
- 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
S24-01 PB Script
S24-01 Zoning Map
S24-01 Future Land Use Map
S24-01 Mailout Map
S24-01 Application Coversheet
S24-01 Application
S24-01 Concept Plan Coversheet
S24-01 Concept Plan
S24-01 Public Comment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - May 2, 2024
ITEM: 1
SCRIPT for SPECIAL USE PERMIT Application PRELIMINARY FORUM (S24-01)
Request by Samuel Potter with Equitas Law Partners, LLC, applicant, on behalf of Hoosier Daddy, LLC,
property owner, for an Additional Dwelling Allowance to increase the allowed density up to 10.2
dwelling units per acre for 24 parcels totaling approximately 16.78 acres of land currently zoned R-
15, Residential located at 535, 539, 543, and 547 Manassas Drive and unaddressed parcels on the
5900 block of Shiloh Drive.
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.
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Initial Application
Documents & Materials
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Page 1 of 8
Special Use Permit Application – Updated 02-2022
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
SPECIAL USE PERMIT APPLICATION
This application form must be completed as part of a special use permit 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 10.3.5 of the Unified Development Ordinance.
*If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section
10.2.3, Community Information Meeting.
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
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 Preliminary Forum
6
Board of Commissioners Hearing & Decision
7
Post-Decision Limitations and Actions
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Page 2 of 8
Special Use Permit Application – Updated 02-2022
2.Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification
3.Proposed Zoning, Use(s), & Narrative
Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary).
4.Proposed Condition(s)
Please note: Within a special use permit proposal, additional conditions and requirements which represent greater
restrictions on the development and use of the property than the corresponding zoning 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 included with this special use permit application below. Staff,
the Planning Board, and Board of Commissioners may propose additional conditions during the review process that
meet or exceed the minimum requirements of the Unified Development Ordinance.
R-1516.78 acres
None.
The proposed use of this property is multi-family residential and townhouse style residential development.
This Special Use Permit ("SUP") is sought to authorize additional dwelling density in the R-15 zoning district in accordance with Section 3.1.3.E of the New Hanover County Uniform Development Ordinance ("UDO").
Development of this type is aligned with the values expressed in New Hanover County's Comprehensive Land Use plan that suggest that higher density residential development servesas an appropriate buffer from commerical services to lower density residential neighborhoods.
This development would serve that exact purpose as reflected in the multi-family arrangementof housing closer to the commercial areas on Carolina Beach Road with the townhouse styledevelopment appearing on those portions of the development closer to lower density residential housing.
See attached.
General Residential
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ITEM: 1 - 6 - 2
Page 3 of 8
Special Use Permit Application – Updated 02-2022
5. Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version
of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be
completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be
included with this application.
ITE Land Use:
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
6. Criteria Required for Approval of a Special Use Permit
A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but
because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods
of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is
to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and
zoning district where they are proposed.
For each of the four required conclusions listed below, include or attach a statement that explains how any existing
conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to
reach the required conclusion, and attach any additional documents or materials that provide supporting factual
evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant
understand what may be considered in determining whether a required conclusion can be met. Any additional
considerations potentially raised by the proposed use or development should be addressed.
1. The use will not materially endanger the public health or safety if located where proposed and approved.
Considerations:
Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and
sight lines at street intersections with curb cuts;
Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection;
Soil erosion and sedimentation;
Protection of public, community, or private water supplies, including possible adverse effects on surface waters
or groundwater; or
Anticipated air discharges, including possible adverse effects on air quality.
Planning Board - May 2, 2024
ITEM: 1 - 6 - 3
Page 4 of 8
Special Use Permit Application – Updated 02-2022
2. The use meets all required conditions and specifications of the Unified Development Ordinance.
3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public
necessity.
Considerations:
The relationship of the proposed use and the character of development to surrounding uses and development,
including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of
operation, etc.).
Whether the proposed development is so necessary to the public health, safety, and general welfare of the
community or County as a whole as to justify it regardless of its impact on the value of adjoining property.
Planning Board - May 2, 2024
ITEM: 1 - 6 - 4
Page 5 of 8
Special Use Permit Application – Updated 02-2022
4. The location and character of the use if developed according to the plan as submitted and approved will be in
harmony with the area in which it is to be located and in general conformity with the New Hanover County
Comprehensive Land Use Plan.
Considerations:
The relationship of the proposed use and the character of development to surrounding uses and development,
including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of
operation, etc.).
Consistency with the Comprehensive Plan’s goals, objectives for the various planning areas, its definitions of
the various land use classifications and activity centers, and its locational standards.
Planning Board - May 2, 2024
ITEM: 1 - 6 - 5
Page 6 of 8
Special Use Permit Application – Updated 02-2022
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as
“N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review;
Staff will confirm if an application is complete within five business days of submittal.
Application Checklist
Applicant
Initial
This application form, completed and signed
Application fee:
$500; $250 if application pertains to a residential use (i.e., mobile home,
duplex, family child care home).
Traffic Impact Analysis (if applicable)
The official TIA approval letter is recommended prior to this item being placed on the
Planning Board meeting agenda.
The official TIA approval letter is required prior to this item being placed on the Board
of Commissioners meeting agenda.
Conceptual Site Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
Proposed use of land, structures and other improvements
o For residential uses, this shall include number, height, and type of units;
area to be occupied by each structure; and/or subdivided boundaries.
o For non-residential uses, this shall include approximate square footage
and height of each structure, an outline of the area it will occupy, and the
specific purposes for which it 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
buffering.
The location of Special Flood Hazard Areas.
The approximate location of regulated wetlands.
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.
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 Federal or
State law or local ordinance.
Any other information that will facilitate review of the proposed special use permit
(Ref. Section 10.3.5, as applicable)
Applications for uses in the intensive industry category must also submit:
Community meeting written summary
A list of any local, state, or federal permits required for use
One (1) hard copy of ALL documents and site plan. Additional hard copies may be
required by staff depending on the size of the document/site plan.
One (1) digital PDF copy of ALL documents AND plans
For wireless support structures or substantial modifications, the elements listed on the
attached checklist
Planning Board - May 2, 2024
ITEM: 1 - 6 - 6
Page 7 of 8
Special Use Permit Application – Updated 02-2022
7. Acknowledgement and Signatures
By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use
permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I
understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that
this application is complete and that all information presented in this application is accurate to the best of my
knowledge, information, and belief.
If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions
on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on
my behalf to:
1. Submit an application including all required supplemental information and materials;
2. Appear at public hearings to give representation and comments;
3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with
or arising out of this application; and
4. Provide written consent to any and all conditions of approval.
Signature of Property Owner(s) Print Name(s)
Signature of Applicant/Agent Print Name
Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is
required for each owner of record.
The landowner or their attorney must be present for the application at the preliminary forum and public
hearing.
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice
has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is
requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are
under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule
as published on the New Hanover County Planning website will be required.
Planning Board - May 2, 2024
ITEM: 1 - 6 - 7
Page 8 of 8
Special Use Permit Application – Updated 02-2022
Telecommunications Requirements Checklist
Requirements for Wireless Support Structures & Substantial Modifications
Applicant
Initial
Affidavit certifying the construction and placement of wireless facilities meets the provisions of the Federal
Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and Job
Creation Act of 2012, 47 U.S.C. § 1455 (a), in accordance with the rules promulgated by the Federal
Communications Commission (FCC), and all other applicable federal, state, and local laws.
Simulated photographic evidence of the proposed appearance of the wireless support structure and wireless
facilities from at least four (4) vantage points and a statement as to the potential visual and aesthetic impacts
on all adjacent residential zoning district.
Determination of No Hazard to Air Navigation, or other applicable determination by the Federal Aviation
Administration (FAA) upon review of FAA Form 7460.
For New Wireless Support Structures:Information or materials providing evidence that collocating new
antennae and equipment on an existing wireless support structure or structures within the applicant’s search
ring is not reasonably feasible. Per NCGS 160D-933, collocation on an existing wireless support structure is
not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing
wireless support structure is unwilling to enter into a contract for such use at fair market value.
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ITEM: 1 - 6 - 9
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ITEM: 1 - 6 - 10
Concept Plan
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ITEM: 1 - 7 - 1
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ITEM: 1 - 8 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 11
Planning Board - May 2, 2024
ITEM: 1 - 9 - 1
1
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, April 24, 2024 5:51 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #10906 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 Cynthia
Last Name Orlovsky
Address 6012 Culdees Ln
City Wilmington
State NC
Zip Code 28409
Email Orlovskyc@gmail.com
Please select the case
for comment.
PB Meeting - S24-01 - Tarin Woods
What is the nature of
your comment?
Oppose project
Public Comment I oppose this project due to safety concerns for residents and
especially children. There are many children walking and riding
bikes to the New Hanover Pines Nature Park. There is no bike
or walking lane on Manassas and the traffic is extremely heavy
during the morning rush and afternoon rush. Even during the
evening and middle of the day there are many garbage trucks,
delivery trucks and lawn and maintenance vehicles driving
through Manassas and on thru the residential neighborhood. I
feel the developer is being greedy, trying to make as much
Planning Board - May 2, 2024
ITEM: 1 - 9 - 2
2
profit as possible at the expense of the residents and
taxpayers. Please do not approve this request.
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 - May 2, 2024
ITEM: 1 - 9 - 3
3
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, April 24, 2024 12:39 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #10898 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 Paul
Last Name Sommers
Address 246 Inlet Point Dr
City Wilmington
State NC
Zip Code 28409-5010
Email sommersguy@gmail.com
Please select the case
for comment.
PB Meeting - S24-01 - Tarin Woods
What is the nature of
your comment?
Oppose project
Public Comment Dear members of the Planning Board:
I oppose the development of high density dwellings in the area
just north of Manassas Dr and east of Carolina Beach Rd and
west of Shiloh Dr.
Similar proposals by the same developer in that area have
been rejected for many good reasons that have been
repeatedly expressed by the nearby residents. I request that
Planning Board - May 2, 2024
ITEM: 1 - 9 - 4
4
the Planning Board respect those precedents. The developer
should not be allowed to succeed by wearing down the
residents of the area with repeated proposals of the same
nature.
The Tarin Woods II development was promised to be R15
residential homes. The proposals to add high density units
constitute a bait-and-switch method which I regard as sinister.
I live a few miles south of the proposed development. My
personal concern is about emergency evacuation in the event
of a blast at Sunny Point, an emergency at the Brunswick
Nuclear Plant, or the sudden development of a hurricane to
category 3 or higher. Such events will require rapid evacuation
of Pleasure Island and the southern part of New Hanover
County where I live. Please try to imagine the extraordinary
traffic of residents fleeing north on Carolina Beach Rd and
River Rd. The worst congestion is likely to occur where
Sanders Rd intersects Carolina Beach Rd. That is exactly
where the jam would be exacerbated by the swarm of cars
from the proposed new units, whether those cars try to exit via
Manassas Rd or directly onto CB Rd through some new egress
roadway.
Respectfully,
Paul D Sommers
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 - May 2, 2024
ITEM: 1 - 9 - 5
5
Farrell, Robert
From:Eric Carden <ericjcarden@gmail.com>
Sent:Wednesday, April 24, 2024 10:37 AM
To:Vafier, Ken; Farrell, Robert
Subject:Latest plan at/near Tarin Woods on Shiloh Rd
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Hi all, I appreciate the time to review…
I understand the developer has submitted another amended plan, but this time is adding even more units
in this front section of the neighborhood than originally planned. This is outrageous! Requesting 18 units
per building does not sound like townhomes or condos, it sounds like apartments and these people are
trying to bully us (the folks opposed to so many units in a small residential community) into submission
so they can profit on more and more units per sq. foot. The bullying tactics include withholding repair to
developer paved roads and the addition of a 2nd pool and clubhouse, both have been promised for
years. Another tactic was seemingly what he is doing now, the threat that they will just add apartments
due to its current zoning if they have to. All of this is so wrong on so many levels...
My wife and I along with our 4 boys decided to move to Wilmington in August 2021 and have enjoyed
every minute of it. The Tarin Woods development and Monkey Junction area is beautiful and perfect for
us. Close to the beach, downtown and away from the traffic and busy roads, yet close enough when we
need to go shopping, dining out or what have you.
Our biggest concern in the area is the amount of growth that has apparently been going on for quite some
time now. We currently have 2 boys at Bellamy elementary and 2 more to continue going there in the near
future. Already there are kids and classrooms in temporary trailers with no sign or plan to expand any
time soon.
So, to hear the developers for Tarin Woods want to expand up to 400+ more units seems inconceivable to
add that much stress to an already overcrowded school system in the area. And to literally say at the
recent meeting they held for nearby homeowners, “that’s not my problem, that’s for the school
committee/board to figure out” is very disheartening to hear. I know they are businesspeople and have a
job to do, but it would seem single family homes would be a better fit, reducing the amount of unit’s,
kids, families moving into the area and putting additional stress on our schools and roads.
Which leads to our next concern… as you know, there is a traffic issue daily at rush hours in the morning
and evening as it is… can you imagine the mess an additional 400+ units would do to this area? How
about during the summer vacation season? Can you imagine the monkey junction intersection and the
light at Sanders road, all the way down to the bridge really. It would be chaos and a huge mess in my
opinion. Also, the lack of ingress and egress the way the current plan is drawn up does not seem
sufficient. We had one truck block the road for a pool installation just last week for 30 minutes, thank
goodness there were no emergencies during this time… I am all the way near the end of Sweet Gum Drive
and there would be no way an emergency vehicle would have been able to get here.
We came from a town in Rhode Island that was also building like crazy and it has not worked out well for
the roads, infrastructure or the schools.
Planning Board - May 2, 2024
ITEM: 1 - 9 - 6
6
I hope the planning board takes a long hard look at how much this area can handle, what needs to be
done to support more growth in all aspects, from schools, roads, infrastructure, water, electricity, and
emergency support… i.e.- police stations, fire departments, etc… And possibly put a freeze on building
for some time. The area just can’t handle it in its current state.
Thank you, Eric Carden
Planning Board - May 2, 2024
ITEM: 1 - 9 - 7
7
Farrell, Robert
From:noreply@civicplus.com
Sent:Monday, April 22, 2024 10:41 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #10865 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 chass
Last Name hood
Address 777 liberty landing way
City wilmington
State nc
Zip Code 28409
Email femchass@gmail.com
Please select the case
for comment.
PB Meeting - S24-01 - Tarin Woods
What is the nature of
your comment?
Oppose project
Public Comment I am opposed to this rezoning because: 1) This area of NHC is
either at or has exceeded student capacity in all of the
surrounding schools. They cannot sustain more students in the
area. Different schools were supposed to receive funds to
rebuild or increase capacity of the schools to accommodate
student overload but that has been stopped due to lack of
county funds. Now the situation is exasperated due to a 20
million dollar deficit. Commissioners and the Board of
Education are considering removing 270 positions from
Planning Board - May 2, 2024
ITEM: 1 - 9 - 8
8
schools. That will effectively increase class size and create
difficulties in effectively teaching the students already enrolled.
There is no room for an influx of more students into this dire
situation.
2) Hoosier Daddy has been denied high density development
in this area several times previously because of several factors
that I am here discussing, including the fact that Manassas Dr.
is a small street that cannot be increased to adequately handle
the extra traffic flow that will result from 170+ units additionally.
That represents an increase of at least 340 more cars on this
small street. Buses already use this street to pick up and
unload students, thereby halting all traffic temporarily. This
could conceivably cause traffic to back up on Carolina Beach
Rd., negatively impacting traffic there.
3) The Tarin Woods residents already signed a petition and
presented it to the county commissioners the last time this
developer tried to put high density buildings in their back yards.
No one in these neighborhoods wants these type of buildings
here. He promised the residents who bought his $400,000+
homes that it would remain single family homes. He keeps
going back on his original promises. He needs to honor his
original permit with the current zoning and stop trying to
change it.
4) We have serious traffic problems already because of the
unchecked high density building that has been going on for
years. It already takes 40 minutes to go 8 miles on College Rd.
because of high traffic volume and frequent accidents. There
are approximately 1000 units being built now that have not
been completed and factored into the traffic congestion in this
area. We cannot sustain any more traffic unless and until the
infrastructure issues are brought up to acceptable standards
here.
5) Since there are now so many residents in NHC, especially in
the southern area and Carolina Beach, it will be impossible for
us to evacuate in a timely manner in case of a hurricane or
resulting flooding from catastrophic weather. This presents a
very dangerous situation where many lives can be lost because
of unchecked development and inadequate infrastructure. No
more medium or high density building should take place until
these serious problems are solved.
6) Part of the infrastructure problems in NHC are a lack of
doctors and nurses to support the current population. It takes
months to see a doctor now and a visit to the ER can result in
death because of long waits in the emergency rooms; waits
stretching from 4 to 10 hours in some cases. A couple of
people have already died in the waiting rooms waiting to be
helped. That is unacceptable! We must stop this unchecked
development until we can adequately accommodate more
Planning Board - May 2, 2024
ITEM: 1 - 9 - 9
9
people into the healthcare system.
7) We currently have a shortage of single family homes in NHC
and that shortage is helping to drive up home prices, thereby
making it impossible for families to purchase. We need more
single family homes; not less, and we need starter homes that
cater to working families with limited incomes. Teachers, fire
fighters, police who work in NHC cannot afford to purchase a
home or rent an apartment at present. Apartments and condos
are more expensive to rent than my home is to pay a mortgage
and insurance on. This is wrong. Our service workers should
be able to live in the county in which they work. Hoosier Daddy
is not building affordable housing. He is focused on expensive
high density dwellings where he can make maximum returns.
He needs to honor his original committment to build single
family homes in the Tarin Woods area.
8) The zoo that exists here, next to Tarin Woods has been
there for 50 years. Many of the animals that live there were
brought in because they were injured and needed a special
place to live. This developer has ignored the needs of the zoo
animals and tried to build right next to where they are housed
already. He cannot be allowed to jeojardize the health and well
being of these animals. Their well being must be considered
here.
9) Finally, as previously stated, the residents surrounding this
area have fought to stop this develop for years. He keeps
coming back with one scheme after another. He bought up
more land in this area before his last attempt to rezone. Now
he is trying to bypass all previous denials and the wishes of
hundreds of residents by using a PORTION of his land for high
density development. He will request more high density if this
passes. No!
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Planning Board - May 2, 2024
ITEM: 1 - 9 - 10
10
Farrell, Robert
From:noreply@civicplus.com
Sent:Friday, April 19, 2024 7:54 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #10843 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 Rebecca
Last Name Ward
Address 5924 Appomattox Drive
City Wilmington
State NC
Zip Code 28409
Email Thewards08724@gmail.com
Please select the case
for comment.
PB Meeting - S24-01 - Tarin Woods
What is the nature of
your comment?
Oppose project
Public Comment We are strongly opposed to this request again. For the same
reasons they have been denied before and now are trying to
even further increase the amount of housing. We do not have
the infrastructure or space in school for this many people. The
builder has not even put a buffer between our homes and what
he is using as a transfer station. Our 525k home is constantly
losing value and people are having difficulty selling their homes
in Tarin. We have also been promised another pool for many
years because their is not enough space for current residents
Planning Board - May 2, 2024
ITEM: 1 - 9 - 11
11
let alone future residents. The builder is mad and is doing
everything to spite the residents in Tarin causing stress and
discontent within our development.
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Planning Board - May 2, 2024
ITEM: 1 - 9 - 12
Planning Board - May 2, 2024
ITEM: 1 - 9 - 13
Planning Board - May 2, 2024
ITEM: 1 - 9 - 14
Planning Board - May 2, 2024
ITEM: 1 - 9 - 15
12
Farrell, Robert
From:noreply@civicplus.com
Sent:Thursday, April 18, 2024 1:36 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #10833 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
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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 Allen
Last Name Mitchell
Address 6209, Lydden Road
City Wilmington
State NC
Zip Code 28409
Email Field not completed.
Please select the case
for comment.
PB Meeting - S24-01 - Tarin Woods
What is the nature of
your comment?
Oppose project
Public Comment This area is already extremely congested and the roads cannot
handle the added pressure from town homes. If this area is to
be developed it needs to stay single family like the surrounding
neighborhood. Similar proposals have already been denied.
Upload supporting files
Planning Board - May 2, 2024
ITEM: 1 - 9 - 16
14
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, April 17, 2024 8:42 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #10821 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 Deana
Last Name Heitman
Address 5932 Appomattox Dr
City Wilmington
State NC
Zip Code 28409
Email dheitman42@gmail.com
Please select the case
for comment.
PB Meeting - S24-01 - Tarin Woods
What is the nature of
your comment?
Oppose project
Public Comment I strongly oppose the new Tarin Woods development. I live at
5932 Appomattox Dr. Before I signed the contract to purchase
my home in November of 2021 I was told by the developer’s
Realtor that it would be single family homes built behind mine. I
signed my contract believing it would be single family homes as
that is what it was zoned for. The day I did my walkthrough of
my newly built home in July of 2022 I was then told it would be
townhomes. As a widower moving into a single level home
alone I was devastated. The developers Realtor did not even
Planning Board - May 2, 2024
ITEM: 1 - 9 - 17
15
finish my walk through because I was crying and asking her
why she was Not honest. The builder from Caviness and Cates
actually finished the walkthrough. I thought about not
purchasing but it happened so fast and I would have lost
almost $20,000. During my grieving process I was at a loss as
to what to do. Please do not reward the developer Hoosier
Daddy for his lies and manipulation. I did attend a previous
meeting where the project was denied and now he is proposing
more units that before. I will lose the privacy of my backyard.
Also the intersection at Carolina Beach Rd and Manasses is
completely unsafe. The No U-Turn sign which was propped at
the previous meeting is up and people disregard it every day
and I have cell phone videos to prove it. This is a very
dangerous situation.
Please do not approve this proposal.
Sincerely,
Deana A Heitman
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Planning Board - May 2, 2024
ITEM: 1 - 9 - 18
16
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, April 17, 2024 8:06 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #10820 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 Angie
Last Name Tew
Address 6111 Tarin Road
City wilmington
State NC
Zip Code 28409
Email uncach@aol.com
Please select the case
for comment.
PB Meeting - S24-01 - Tarin Woods
What is the nature of
your comment?
Oppose project
Public Comment Density too high for existing schools and infrastructure for
current roads already overwhelmed.
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more than 20MB in size total for all files. File types accepted are: doc, docx, ppt,
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Planning Board - May 2, 2024
ITEM: 1 - 9 - 19
18
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, April 17, 2024 5:11 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #10819 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
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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 Barbara
Last Name Garrow
Address 805 Liberty Landing Way
City Wilmington
State NC
Zip Code 28409
Email bagarrow@gmail.com
Please select the case
for comment.
PB Meeting - S24-01 - Tarin Woods
What is the nature of
your comment?
Oppose project
Public Comment The increase to the Tarin Woods Development from that
currently approved has been previously denied for the same
reasons I am opposed to special use permit 24-01. Manassas
Drive is the current western outlet (access to Carolina Beach
Road) for all phases of the Tarin Woods Subdivision, Battle
Park, Covington, Congleton Farm, and Sentry Oaks
communties. Manassas can not serve this outflow of additional
vehicles.
Planning Board - May 2, 2024
ITEM: 1 - 9 - 20
19
While there is no estimate of the number of residents of driving
age this proposal would allow, it can be reasonably assumed
the 16.78 affected acreage with 10.2 dwellings per acre would
provide 171 housing units. With about 2 persons on average of
driving age housed in this new development, that is about 2
trips per unit daily at a minimum or 342 extra trips per day than
Manassas currently experiences. Manassas and its exit onto
Carolina Beach Road is already a hazard, particularly since the
J turning traffic often illegally u turns onto Carolina Beach
Road.
Safe egress and engress is currently jeopardized and with
these projected additional trips, it will be greatly impeded. In
the event of emergencies like storms, fire, and other needed
services, this additional traffic presents a public safety hazard. I
urge you to please deny this request to again increase the
number of residences in Tarin Woods development beyond
what has been previously approved.
I would also like to see data on how much runoff the pervious
pavement that is proposed can handle. Much of Tarin floods in
moderate rains, and with these additional residential structures,
the likelihood of additional flooding can be expected.
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Planning Board - May 2, 2024
ITEM: 1 - 9 - 21
20
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, April 17, 2024 12:51 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #10817 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
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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 Karen
Last Name Cassidy
Address 6124 Sand Ridge Ave
City Wilmington
State NC
Zip Code 28409
Email Karenkutta89@gmail.com
Please select the case
for comment.
PB Meeting - S24-01 - Tarin Woods
What is the nature of
your comment?
Oppose project
Public Comment Good afternoon, I am writing to oppose the rezoning of Tarin
Woods. My concern is with the developers plan to add this
many additional units our roadways in the neighborhood are
not adequately sufficient for daily traffic let alone for emergency
responders. We already have traffic jams in the neighborhood
at our current capacity. The city would be doing a disservice by
allowing this to be moved forward and jeopardize the safety of
its people.
Planning Board - May 2, 2024
ITEM: 1 - 9 - 22
22
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, April 17, 2024 12:22 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Dickerson, Zachary; Ott, Love
Subject:Online Form Submission #10814 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 Daniel
Last Name Anderson
Address 5965 Sweet Gum Dr
City Wilmington
State NC
Zip Code 28409
Email Mrduke69@aol.com
Please select the case
for comment.
PB Meeting - S24-01 - Tarin Woods
What is the nature of
your comment?
Oppose project
Public Comment The infrastructure would not be able to handle this and along
with huge traffic concerns since other homes will coming up to
the other side of the road! The developer is out looking to make
more money!
Upload supporting files
Planning Board - May 2, 2024
ITEM: 1 - 9 - 23
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 5/2/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner
CONTACT(S): Zach Dickerson; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning &
Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z24-07) - Request by Sam Franck with Ward and Smith, P.A., applicant, on behalf of the YMCA
of Southeastern North Carolina, INC, property owner, to rezone approximately 53 acres of an approximately 242-
acre parcel zoned R-15, Residen@al located on the 6600 block of the north side of Sidbury Road to a general use
CB, Community Business district.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 53 acres from R-15, Residen*al, to CB, Community Business.
Please note that this is a straight rezoning, so there is no concept plan required and no condi*ons can be imposed.
The R-15 district in this area was established in 1972. At the *me, the purpose of the R-15 district was to ensure that
housing served by private sep*c and wells would be developed at low densi*es. The County's partnership with CFPUA
has extended water and sewer u*li*es to the surrounding area to support future growth.
As currently zoned, the subject site's total acreage would allow 132 single-family dwellings in a performance residen*al
subdivision.
The CB district was established to provide lands that accommodate the development, growth, and con*nued
opera*on of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily
and long-term purposes. While the full list of uses allowed in the CB district is a6ached, typical uses allowed by right in
the district include: bank or financial ins*tu*on, restaurant, offices, food market, pharmacy, retail, and gym/fitness and
recrea*on.
The CB district requires a 25-foot rear setback where it abuts residen*ally zoned proper*es, as well as a maximum
height of 50 feet. The UDO requires a Type A: Opaque buffer where commercial uses abut residen*al proper*es.
The property has frontage on Sidbury Road. Because this is a straight rezoning, access to the site would be based on
future development and site plan review.
It is es*mated the site would generate approximately 92 AM peak hour trips and 124 PM peak hour trips if developed
at the permi6ed density for the R-15 district. There are a variety of commercial land uses allowed by-right in the CB
district and the es*mated number of trips will depend on the scope and scale of future development. For example, it is
es*mated trips could range from 71 AM and 186 PM peak hour trips for a Health and Fitness Club to 129 AM and 403
PM for a Food Market. Due to the size of the property and variety of uses allowed by-right in the CB district, a TIA will
more than likely be required, especially if the site is developed with a combina*on of mul*ple land uses.
Planning Board - May 2, 2024
ITEM: 2
Traffic Impact Analyses are not required for straight rezonings as a specific development proposal is required to
thoroughly analyze poten*al trip genera*on. There are several nearby Traffic Impact Analyses in the area, including
Sidbury Sta*on, Avenue One and Sidbury 187 residen*al projects. Required improvements for these include installa*on
of traffic lights along Sidbury Road at Dairy Farm Road, Edna Buck Drive, and a third at a site access to the east of this
subject parcel.
This project is in proximity to several current and proposed large-scale residen*al developments. Projects under
construc*on and review would bring 2,508 total homes to the Sidbury Road corridor. Currently the nearest community
services such as medical, personal, retail, and grocery stores are approximately 3 miles to the southwest at the
Northchase commercial center. The subject site is located approximately halfway between the intersec*on at Dairy
Farm Road and the future Hampstead Bypass interchange, where a commercial node would be appropriately located.
This area is classified as Community Mixed Use by the 2016 Comprehensive Plan. This place type is intended to foster
commercial growth to serve nearby residen*al area. While the place type is conducive to this type of development, the
current zoning does not allow commercial growth. The proposed Community Business district would establish an area
for the type of commercial growth that is compa*ble with nearby residen*al development. The CB district would
allow by-right development to provide this corridor with recrea*onal, office, retail and light commercial uses that are
consistent with the intent of the Community Mixed Use place type and could support surrounding neighborhoods.
The proposed CB rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district provides
uses that are inline with the recommenda*ons of the Community Mixed Use place type, and the CB district would
provide neighborhood-serving commercial development for the Sidbury Road area.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The property is located on the Sidbury Road corridor, an area of the County that has seen increased interest in growth
due to the extension of public water and sewer. The surrounding area is largely residen*al, but is classified as
Community Mixed Use by the 2016 Comprehensive Plan, which recommends a mix of residen*al and area-serving
commercial uses. The proposed CB zoning would allow by-right development which would serve exis*ng and future
nearby residents.
As a result, Staff recommends approval of the proposal and suggests the following mo*on:
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the Community Business zoning district would provide uses that area in line
with the Community Mixed Use place type that could serve exis*ng and future residents. I also find recommending
APPROVAL of the rezoning request is reasonable and in the public interest because the district would act as a
community service business node to serve the surrounding area.
Alterna@ve Mo@on for DENIAL (if based on informa*on presented at the public hearing or other considera*on
Planning Board - May 2, 2024
ITEM: 2
beyond the scope of staff review, the Board finds denial appropriate.
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the Community Business zoning district would provide uses that are in line
with the Community Mixed Use place type that could serve exis*ng and future residents, I find recommending DENIAL
of the rezoning request is not reasonable and in the public interest because the variety and poten*al scale of by-right
uses in the straight CB district may adversely impact the Sidbury Road corridor and nearby residents.
ATTACHMENTS:
Descrip*on
Z24-07 Script
Z24-07 Staff Report PB
Z24-07 Zoning Map
Z24-07 Future Land Use Map
Z24-07 Mail Out Map
Initial Application Cover Sheet
Z24-07 Application
Public Comments Cover Sheet
Community Business District Cut Sheet
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - May 2, 2024
ITEM: 2
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z24-07)
Request by Sam Franck with Ward and Smith, P.A., applicant, on behalf of the YMCA of Southeastern North
Carolina, INC, property owner, to rezone approximately 53 acres of an approximately 242-acre parcel
zoned R-15, Residential located on the 6600 block of the north side of Sidbury Road to a general use CB,
Community Business district.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on
the Board discussion and items presented during the public hearing, would you like withdraw
your petition, request a continuance, or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to RECOMMEND APPROVAL of the proposed rezoning to a Community Business district.
I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because
the Community Business zoning district would provide uses that are in line with the Community
Mixed Use place type that could serve existing and future residents. I also find
RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public interest
because the district would act as a community service business node to serve the surrounding
area.
Alternative Motion for Denial
I move to RECOMMEND DENIAL of the proposed rezoning to a Community Business district.
While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan
because the Community Business zoning district would provide uses that are in line with the
Community Mixed Use place type that could serve existing and future residents, I find
RECOMMENDING DENIAL of the rezoning request is not reasonable and in the public interest
because the variety and potential scale of by-right uses in the straight CB district may
adversely impact the Sidbury Road corridor and nearby residents.
Planning Board - May 2, 2024
ITEM: 2 - 1 - 1
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a Community Business
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 - May 2, 2024
ITEM: 2 - 1 - 2
Z24-07 Staff Report PB 5.2.2024 Page 1 of 13
STAFF REPORT FOR Z24-07
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z24-07
Request:
Rezoning to a CB (Community Business) district
Applicant: Property Owner(s):
Samuel B. Franck
Corbett Package Company, Current Owner
YMCA of Southeastern NC, Contract
Purchaser
Location: Acreage:
6000 Block of Sidbury Rd 53 acres
PID(s): Comp Plan Place Type:
R01900-002-003-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be
developed in accordance with the CB district.
Current Zoning: Proposed Zoning:
R-15, Residential CB, Community Business
SURROUNDING AREA
LAND USE ZONING
North Undeveloped R-15
East Undeveloped R-15
South
Mini Storage (zoning approved but not yet built),
Single-Family Residential (TIA approved for an R-15
performance residential subdivision)
(CZD) B-2, R-15
West Single Family Residential (Sidbury Station) R-15
Planning Board - May 2, 2024
ITEM: 2 - 2 - 1
Z24-07 Staff Report PB 5.2.2024 Page 2 of 13
ZONING HISTORY
July 7, 1972 Initially zoned R-15 (Area 8A)
COMMUNITY SERVICES
Water/Sewer
Water and sewer services are anticipated to be provided via CFPUA upon
completion of utility line extensions.
New Hanover County is partnering with CFPUA to extend utilities to this area
of the county. Those extensions should be in place by the end of 2025 given
the current timeline.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Castle Hayne Station
Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools
Recreation Blue Clay Bike Park, Northern Regional Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
Conservation resource maps indicate pocosin wetlands exist on the property.
Projects containing 5 acres or more of pocosin conservation resources are
required to comply with additional buffer and conservation standards in
Section 5.7 of the Unified Development Ordinance.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - May 2, 2024
ITEM: 2 - 2 - 2
Z24-07 Staff Report PB 5.2.2024 Page 3 of 13
APPLICANT’S PROPOSAL
• The applicant is proposing to rezone one parcel totaling approximately 53 acres from R-
15, Residential district to the CB, Community Business District.
• According to the applicant, the requested CB zoning district is more appropriate for the
tract than the current R-15 zoning as the Comprehensive Plan calls for land uses that
encourage physical activity and the cultivation of healthy lifestyles.
• This request is for a straight rezoning, so any approval would allow for all uses outlined for
the requested district and could not include conditions. Any future development would be
subject to the general development standards for the district outlined in the Unified
Development Ordinance (UDO), including lighting and vegetative buffers.
ZONING CONSIDERATIONS
• The R-15 district in this area was established in 1972. At the time, the purpose of the R-15
district was to ensure that housing served by private septic and well would be developed
at low densities. New Hanover County has partnered with CFPUA to extend utilities in this
area of the county to support future growth.
• As currently zoned, the subject site would allow 132 single-family dwellings in a
performance residential subdivision.
• The Community Business (CB) district was established to provide lands that accommodate
the development, growth, and continued operation of businesses that serve surrounding
neighborhoods with goods and services needed for a variety of daily and long-term
purposes.
• While the full list of uses allowed in the CB district is attached, typical uses allowed by right
in the district include :
o Bank or Financial Institution
o Restaurant
o Offices
o Food Market
o Pharmacy
o Retail
o Gym/Fitness and Recreation
• The CB district requires a 25-foot rear setback where it abuts residentially zoned properties.
• The maximum building height in the CB district is 50 feet.
• The UDO requires a Type A: Opaque buffer where commercial uses abut residential uses.
If approved a Type A buffer would be required on the northern, eastern, and western
property boundaries.
Planning Board - May 2, 2024
ITEM: 2 - 2 - 3
Z24-07 Staff Report PB 5.2.2024 Page 4 of 13
• The UDO contains controls on exterior lighting on the site, and the maximum illumination
levels at the common property line with the residential properties that abut the site shall not
exceed 0.5 foot candles and 25 feet in height. The UDO specifies that all exterior luminaries
for nonresidential adjacent to single-family residential districts shall be full cut-off features
that are directed downward. In no case shall lighting be directed at or above a horizontal
plan through the lighting fixture.
• If approved, the project would be subject to Technical Review Committee and zoning
compliance review processes to ensure full compliance with all ordinance requirements.
AREA DEVELOPMENTS
Planning Board - May 2, 2024
ITEM: 2 - 2 - 4
Z24-07 Staff Report PB 5.2.2024 Page 5 of 13
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow a
maximum of 132 single-family dwelling units.
PROPOSED ACCESS
Primary Access
This site has direct full access on Sidbury Road. Because this is a
straight rezoning future site access would be reviewed by the
County’s TRC and NCDOT.
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Sidbury Road
Type of Roadway NCDOT minor collector
Planning Board - May 2, 2024
ITEM: 2 - 2 - 5
Z24-07 Staff Report PB 5.2.2024 Page 6 of 13
Roadway Planning Capacity
(AADT) 10,979
Latest Traffic Volume (AADT) 3,200 vehicles (2021)
Latest WMPO Point-in-Time
County (DT) 2,546 vehicles (September 2022)
Current Level of Congestion Available Capacity
NEARBY NCDOT STIP ROADAWAY PROJECTS
R-3300A – Hampstead Bypass
(2026 Start Date)
- Project to construct a new facility from I-140 to NC
Highway 210.
TRAFFIC GENERATION
Traffic
Generated by
Present
Designation
Potential By-
Right
Development
under
Proposed
Zoning-
Health &
Fitness Club1
Potential By-
Right
Development
under
Proposed
Zoning-
Food
Market2
Potential By-
Right
Development
under
Proposed
Zoning-
Shopping
Center3
AM Peak Hour Trips 92 71 129 558
PM Peak Hour Trips 124 186 403 540
Assumptions
1 Using an example YMCA in Wilmington, located at 2710
Market St which is approximately 54,000 sq ft – ITE Code 492
Health/Fitness Club
2 Using an example food market in Northern New Hanover
County, Lowes Foods located at 2316 N College Rd which is
approximately 45,000 sq ft – ITE Code 850 Supermarket
3 Using ITE calculations for a Shopping Plaza between 40k sq ft
and 150k sq ft without supermarket, 100,000 sq ft – ITE Code
821 Shopping Plaza
TRAFFIC IMPACT ANALYSIS (TIA)
Traffic Impact Analyses are not required for straight rezonings as a specific development proposal
is required to thoroughly analyze potential trip generation. Per the WMPO, based on the size of
the parcel and variety of uses allowed by-right in the CB district, a TIA will more than likely be
required, especially if the site is developed with a combination of multiple land uses.
Planning Board - May 2, 2024
ITEM: 2 - 2 - 6
Z24-07 Staff Report PB 5.2.2024 Page 7 of 13
SUMMARY
The proposed project is located along a minor collector road that currently has available capacity.
The site can be accessed directly from Sidbury Road. There are several nearby Traffic Impact
Analyses in the area, including Sidbury Station, Avenue One and Sidbury 187 residential projects.
Required improvements for these include installation of traffic lights along Sidbury Road at Dairy
Farm Road, Edna Buck Drive and a third at a site access to the east of this subject parcel.
Traffic Impact Analyses are not required for straight rezonings, but with the acreage of the parcel
and the variety of by-right development permitted in the CB District, a TIA will likely be required,
especially if the site is developed with multiple uses. If a TIA is required, the TIA must be approved
by the WMPO and NCDOT before TRC review and approval.
ENVIRONMENTAL
• This site is not within a Natural Heritage Area.
• Conservation resource maps indicate pocosin wetlands exist on the property. Projects
containing 5 acres or more of pocosin conservation resources are required to comply with
additional buffer and conservation standards in Section 5.7 of the Unified Development
Ordinance.
• This site is not located in a Flood Hazard Area.
• The property is within both the Prince George and Island Creek watersheds.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (moderate limitation) & Class III (severe limitation) soils.
Planning Board - May 2, 2024
ITEM: 2 - 2 - 7
Z24-07 Staff Report PB 5.2.2024 Page 8 of 13
OTHER CONSIDERATIONS
New Hanover County Strategic Plan
On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-
2028. This plan focuses on three core areas: workforce and economic development, community
safety and well-being, and sustainable land use and environmental stewardship.
Strategic Plan Outcomes Relevant to
Proposal Analysis
A business-friendly environment that promotes
growth, agility and collaboration.
This rezoning would provide lands that lead to
community-serving business growth, aiming to hit
the target of maintaining new business growth
within 2.5% of the state.
Through planned growth and development,
residents have access to their basic needs.
With the growth of housing on the Sidbury Road
corridor, the proposed CB district will set up the
ability for by-right development for area-serving
businesses, including grocery stores, retail,
financial and medical offices.
Planning Board - May 2, 2024
ITEM: 2 - 2 - 8
Z24-07 Staff Report PB 5.2.2024 Page 9 of 13
Representative Developments
Representative Developments of R-15 (Existing Zoning):
Sidbury Station
Sidbury Station
Planning Board - May 2, 2024
ITEM: 2 - 2 - 9
Z24-07 Staff Report PB 5.2.2024 Page 10 of 13
Potential Developments of CB:
YMCA Wilmington – Market St
Northchase Shopping Center – N College Rd
Planning Board - May 2, 2024
ITEM: 2 - 2 - 10
Z24-07 Staff Report PB 5.2.2024 Page 11 of 13
Context and Compatibility
• This project has direct, full access to Sidbury Road and is in proximity to several current and
proposed large-scale residential developments.
• Due to the extension of public water and sewer to the Sidbury Road corridor, development
is more feasible.
• At full build out the Sidbury Station subdivision will have 758 single family dwelling units,
and the Sidbury Crossing multi-family project will have 288 dwelling units.
• Additional residential development permitted under the R-15 district is currently under
review by the TRC. This would bring an additional 1,462 dwelling units along Sidbury Road.
• Currently the nearest community services such as medical, personal, retail, and grocery
stores are approximately 3 miles to the southwest at the Northchase commercial center.
• Approved TIAs for current development are expected to mitigate additional traffic on
Sidbury Road. In addition, if the rezoning is approved, NCDOT may require additional
area improvements based on future development proposals.
• Cape Fear Moving Forward: 2045, the WMPO’s current Metropolitan Transportation Plan,
includes a modernization project to bring Sidbury Road to current design standards. This is
programmed to include widening the current travel lanes to 12’ with the installation of a 10’
multi-use path.
• The subject site is located approximately halfway between the intersection at Dairy Farm
Rd and the future Hampstead bypass interchange, where a commercial node would be
appropriately located.
• Increased commercial development is expected along the Sidbury Road corridor. Providing
areas for future commercial development allows for community level goods and services to
support the surrounding neighborhoods.
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 - May 2, 2024
ITEM: 2 - 2 - 11
Z24-07 Staff Report PB 5.2.2024 Page 12 of 13
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Analysis
The proposed parcel is located on the Sidbury Road corridor, an area of
the County that has seen increased interest in growth due to the extension
of public water and sewer. There are several nearby and planned housing
developments.
This area is classified as Community Mixed Use by the 2016 Comprehensive
Plan. This place type is intended to foster commercial growth to serve
nearby residential areas. While the place type is conducive to this type of
development, the current zoning does not allow commercial growth. Because
the surrounding area remains zoned for low-density residential, there are
no commercial services to serve existing and future area residents.
The proposed Community Business district would establish an area for the
type of commercial growth that is compatible with nearby residential
development. The CB district would allow by-right development to provide
this corridor with recreational, office, retail and light commercial uses that
are consistent with the intent of the Community Mixed Use place type and
could support surrounding neighborhoods.
Consistency
Recommendation
The proposed CB rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the district provides uses that are in line with
the recommendations of the Community Mixed Use place type, and the CB
district would provide neighborhood-serving commercial development for
the Sidbury Road area.
Planning Board - May 2, 2024
ITEM: 2 - 2 - 12
Z24-07 Staff Report PB 5.2.2024 Page 13 of 13
STAFF RECOMMENDATION
The property is located on the Sidbury Road corridor, an area of the County that has seen increased
interest in growth due to the extension of public water and sewer. The surrounding area is largely
residential but is classified as Community Mixed Use by the 2016 Comprehensive Plan, which
recommends a mix of residential and area-serving commercial uses. The proposed CB zoning would
allow by-right development which would serve existing and future nearby residents.
As a result, Staff recommends approval of the proposal and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
Community Business zoning district would provide uses that are in line with the
Community Mixed Use place type that could serve existing and future residents. I also
find recommending APPROVAL of the rezoning request is reasonable and in the public
interest because the district would act as a community service business node to serve
the surrounding area.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the Board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
Community Business zoning district would provide uses that are in line with the
Community Mixed Use place type that could serve existing and future residents, I find
recommending DENIAL of the rezoning request is not reasonable and in the public
interest because the variety and potential scale of by-right uses in the straight CB
district may adversely impact the Sidbury Road corridor and nearby residents.
Planning Board - May 2, 2024
ITEM: 2 - 2 - 13
Planning Board - May 2, 2024
ITEM: 2 - 3 - 1
Planning Board - May 2, 2024
ITEM: 2 - 4 - 1
Planning Board - May 2, 2024
ITEM: 2 - 5 - 1
Initial Application
Documents & Materials
Planning Board - May 2, 2024
ITEM: 2 - 6 - 1
Page 1 of 5
Zoning Map Amendment Application – Updated 12-2020
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
ZONING MAP AMENDMENT APPLICATION
This application form must be completed as part of a zoning map amendment 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 10.3.2 of the Unified Development Ordinance.
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
Public Hearing Procedures
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal & Acceptance
2
Planning
Director Review & Staff Report
3
Public Hearing
Scheduling & Notification
4
Planning Board
Hearing & Recom-mendation
5
Board of
Commissioners Hearing & Decision
6
Post-Decision
Limitations and Actions
Planning Board - May 2, 2024
ITEM: 2 - 7 - 1
Page 2 of 5
Zoning Map Amendment Application – Updated 12-2020
2. Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning
District(s)
Future Land Use
Classification
3. Zoning Map Amendment Considerations
Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the
requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover
County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify
the land that is subject of the application to the requested zoning district classification(s) and subjects it to the
development regulations applicable to the district(s).
The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Map
amendment meets the following criteria. (attach additional pages if necessary)
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 zoning change be consistent with the property’s classification on the 2016
Comprehensive Plan’s Future Land Use Map?
Planning Board - May 2, 2024
ITEM: 2 - 7 - 2
Page 3 of 5
Zoning Map Amendment Application – Updated 12-2020
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?
4. How will this zoning change serve the public interest?
Planning Board - May 2, 2024
ITEM: 2 - 7 - 3
Page 4 of 5
Zoning Map Amendment Application – Updated 12-2020
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”. Applications determined to be
incomplete must be corrected in order to be processed for further review.
Application Checklist Applicant Initial
This application form, completed and signed
Application fee:
$500 for 5 acres or less
$600 for more than 5 acres
Legal description (by metes and bounds) or recorded survey Map Book
and Page Reference of the property requested for rezoning
One (1) hard copy of ALL documents
Acknowledgment and Signatures Form (if applicable)
One (1) digital PDF copy of ALL documents AND plans
See Exhibit A
Planning Board - May 2, 2024
ITEM: 2 - 7 - 4
Page 5 of 5
Zoning Map Amendment Application – Updated 12-2020
4. Acknowledgement and Signatures
I hereby certify that I am the applicant or authorized agent of the applicant, and the information included in this
application is accurate to the best of my knowledge, information, and belief. I also certify that I have submitted all
of the information and documentation required for this application. Further, I acknowledge that no site work can
commence until all applicable approvals and permits are obtained, and that any modifications to approved or
proposed plans must be reviewed by the County and may require the submittal of a new application.
Signature of Applicant Print Name
Signature of Applicant Print Name
Note: This form must be signed by the owner(s) of record, contract purchaser(s), or other persons(s) having a
recognized property interest; or by a person authorized to submit the application on their behalf.
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before
notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If
delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled
meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with
the adopted fee schedule as published on the New Hanover County Planning website will be required.
Planning Board - May 2, 2024
ITEM: 2 - 7 - 5
Print Form
NEW HANOVER COUNTY ae Government Center Drive
uite PLANNING & LAND USE Wilmington, NC 28403 910-798-7165 phone
AUTHORITY FOR 910-798-7053 fax
APPOINTMENT OF AGENT eee eer
Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for
the case at the public hearing.
The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent
for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or
an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby
authorized to, on behalf of the property owner:
1. Submit a proper petition and the required supplemental information and materials
. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner’s behalf without limitations with regard to any and all things directly or
indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning
Ordinance.
Agent Information | Property Owner(s) Subject Property
Name Owner Name Address
c/o Richard L. Jones Corbett Package Company No Physical Address
Company Owner Name 2 City, State, Zip Young Men's Christian Association of [Southeastern North Carolina, Inc Address Address Parcel ID
PO Box 3467 200 Castle Hayne Rd RO1900-002-003-000
City, State, Zip
Wilmington, NC 28406
City, State, Zip
Wilmington, NC 28401
Dick.Jones@ymcaenc.org
Application Tracking Information
Case Number Reference: Phone Phone
910-251-9622 910-763-9991
Email Email
(Staff Only)
Date/Time received: Received by:
This document was willfully executed on the = a day of
Owner | Signature
March 24 , 20
Owner 2 Signature
09/14Planning Board - May 2, 2024
ITEM: 2 - 7 - 6
NEW HANOVER COUNTY
PLANNING & LAND USE
AUTHORITY FOR
APPOINTMENT OF AGENT
Print Form
230 Government Center Drive
Suite 110
Wilmington, NC 28403
910-798-7165 phone
910-798-7053 fax
www.nhcgov.com
Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for
the case at the public hearing.
The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent
for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or
an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby
authorized to, on behalf of the property owner:
1. Submit a proper petition and the required supplemental information and materials
2. Appeal at public meetings to give representation and commitments on behalf of the property owner
3. Act on the property owner’s behalf without limitations with regard to any and all things directly or
indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning
Ordinance.
Agent Information Property Owner(s) Subject Property
Name Owner Name i Address c/o Samuel B Franck Neca he ec arg gl No Physical Address
Company Owner Name 2
Ward and Smith, P.A.
Address Address for YMCA of Southeastern NC: Parcel ID 127 Racine Drive PO Box 3467 RO1900-002-003-000
City, State, Zip City, State, Zip
Wilmington, NC 28403 Wilmington, NC 28406
Phone Phone
910-794-4800 910-251-9622
Email Email
Isbf@wardandsmith.com
Application Tracking Information
Case Number Reference: Dick.Jones@ymcaenc.org
(Staff Only)
Date/Time received:
Received by:
- March This document was willfully executed on the 25th day of
(Lite
24 , 20
Owner 1 Signature Owner 2 Signature
09/14Planning Board - May 2, 2024
ITEM: 2 - 7 - 7
Exhibit A – Property Subject to Rezoning
That certain portion of the real property described in the Deed recorded in Deed
Book 638, at Page 135 located north of Sidbury Road, containing approximately 53
acres of land, more or less.
Said tract also being the portion of the land identified by New Hanover County
Parcel ID R01900-002-003-000 that is located on the north side of Sidbury Road.
Planning Board - May 2, 2024
ITEM: 2 - 7 - 8
Exhibit B to Rezoning Application – 53 Acres on the Northern Side of
Sidbury Road
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.?
The Applicant is requesting a rezoning of subject land from R-15 to Community
Business (CB). This 53-acre tract, is situated on the north side of Sidbury Road as
described in Exhibit A, is intended for commercial use, with a portion thereof being
intended for a commercial recreational use via the establishment of a YMCA.
The proposed rezoning from R-15 to CB facilitates the operation of a commercial
recreational facility such as the YMCA. This indoor and outdoor recreational
facility, and commercial use in general, aligns with the County's overarching goals
for resilient economic development and fostering a healthy community, as outlined
in the 2016 Comprehensive Plan through the resilient economy and healthy
community themes.
The Comprehensive Plan, particularly Chapter 3: Framing the Policy, underscores
the promotion of certain objectives within the Community Mixed Use place type,
including the encouragement of physical activity and the cultivation of healthy,
active lifestyles. Given that one of the YMCA's primary missions is to promote
healthy living, its services align seamlessly with the healthy community theme
outlined in the Comprehensive Plan. By providing facilities and programs that
foster increased physical activity, promote healthy lifestyles, and raise awareness
about disease prevention and mental health, the YMCA contributes directly to
advancing the theme of a healthy community as articulated in the 2016
Comprehensive Plan.
Furthermore, the Comprehensive Plan underscores the importance of health
promotion within the County, advocating for the creation of public spaces and the
development of health-related facilities, such as gyms, to serve the community. The
2016 Comprehensive Plan describes the implementation strategy for this goal as
encouraging public spaces and health related facilities such as gyms. The YMCA,
with its array of gym and recreational facilities, furthers this vision by offering
accessible resources for community members to engage in health-promoting
activities.
The requested rezoning aligns with the County's growth and development policies
as articulated in the 2016 Comprehensive Plan. By rezoning to CB, this will
facilitate the establishment of a YMCA facility, which not only supports economic
development but also contributes significantly to the promotion of a healthy, active
community, in line with the County's long-term objectives.
Planning Board - May 2, 2024
ITEM: 2 - 7 - 9
3
2.How would the requested zoning change be consistent with the
property's classification on the 2016 Comprehensive Plan's Future
Land Use Map?
The requested zoning change aligns with the property's classification on the 2016
Comprehensive Plan's Future Land Use Map (FLUM), which designates the
property and its surrounding area as a Community Mixed Use place type. This
designation emphasizes mixed-use development patterns aimed at facilitating
multimodal travel and serving as an attraction for both county residents and
visitors. Civic uses, particularly recreation and public gathering places are
encouraged in the Community Mixed Use place type.
Incorporation of both commercial uses and the YMCA use on this site will
significantly improve the mixed-use nature of a historically residential use
dominated section of the County. These uses will contribute to the envisioned mix
of uses along Sidbury Road, providing essential recreational amenities for residents
while adhering to the principles of mixed-use development advocated by the
Comprehensive Plan.
The requested zoning change not only corresponds with the property's classification
on the FLUM but also complements the overarching vision of fostering vibrant,
mixed-use communities that promote accessibility, sustainability, and community
interaction as outlined in the 2016 Comprehensive Plan.
3.What significant neighborhood changes have occurred to make the
original zoning inappropriate or how is the land involved unsuitable
for the uses permitted under the existing zoning?
The land surrounding this property and across Sidbury Rd has historically
remained vacant. However, the current zoning, which designates the subject
property as R-15, is no longer suitable to accommodate the County's envisioned
future development of this area. Over the past decade, significant changes have
occurred, with the emergence of new residential communities, commercial
establishments, and educational facilities along Sidbury Rd.
Two notable examples of this growth include the establishment of Cape Fear
Community College's North Campus at 4500 Blue Clay Rd and the development of
the residential community known as Seaboard at Sidbury Station. In the coming
years, it is anticipated that there will be further residential and commercial
expansion in this area in alignment with the County's vision for Community Mixed
Use. As the residential population continues to grow, there will be an increasing
demand for amenities and resources to support community well-being and quality of
life. The YMCA, with its offerings of recreational and wellness services, will assist
in supporting the nearby residents.
4.How will this zoning change serve the public interest?
Planning Board - May 2, 2024
ITEM: 2 - 7 - 10
4
The proposed zoning change to CB would allow for the establishment of a YMCA
facility which would serve the public interest in multiple ways. First, it addresses a
growing need for accessible and comprehensive recreational and wellness services
within the surrounding residential communities. By introducing the YMCA to an
area where additional growth is anticipated, current and future residents will have
access to state-of-the-art fitness facilities, health and wellness programs,
educational resources, and community engagement activities. This not only
promotes a healthier lifestyle but also creates a vibrant hub for social interaction
and community engagement.
Moreover, the YMCA's focus on youth development, healthy living, and social
responsibility aligns with community-building goals identified in the 2016
Comprehensive Land Use Plan. Specifically, the resilient economy theme, which
encourages the creation of unique and special places that attract individuals by
creating a sense of place. YMCA's across the country are known for bringing
community members together through recreational and community programs.
The YMCA is a well-known respected recreational facility offering a variety of
programs, sports activities, gym facilities, and community services. The YMCA is
one of the leading nonprofits committed to strengthening communities by
empowering young people, improving the health and well-being of people of all ages
and inspiring action in and across communities.
Additionally, the proposed zoning change to Community Business (CB) district is in
line with the objectives outlined in Section 3.4.4 of the New Hanover County Land
Development Ordinance (UDO). The CB district aims to accommodate businesses
that cater to the needs of surrounding neighborhoods, offering goods and services
essential for daily and long-term purposes. By rezoning the property to CB, the
YMCA will fulfill this purpose by providing valuable services for both children and
adults alike. If rezoned to CB, the remaining 28 acres of land will be limited to those
uses permitted in the CB district as identified in the UDO principal use table.
The CB district closely aligns to the Community Mixed Use place type identified on
the FLUM as the desired future land use for this area. Aligned with the purpose of
the CB district, the YMCA offers a business model that will serve the surrounding
and future neighborhoods. Due to the nature of the YMCA business, this will
provide services needed for a variety of daily and long-term purposes for children
and adults alike.
ND:4880-9846-2383, v. 2
Planning Board - May 2, 2024
ITEM: 2 - 7 - 11
Exhibit A – Property Subject to Rezoning
That certain portion of the real property described in the Deed recorded in Deed
Book 638, at Page 135 located north of Sidbury Road, containing approximately 53
acres of land, more or less.
Said tract also being the portion of the land identified by New Hanover County
Parcel ID R01900-002-003-000 that is located on the north side of Sidbury Road.
Planning Board - May 2, 2024
ITEM: 2 - 7 - 12
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - May 2, 2024
ITEM: 2 - 8 - 1
COMMUNITY BUSINESS (CB) DISTRICT
PURPOSE
The purpose of the Community Business (CB) District is to provide lands that accommodate the development, growth, and continued operation of businesses that
serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. Development in the CB district should be designed
in a form and at a scale that is both walkable and accessible to vehicles, and located at intersections and along streets that will allow multiple neighborhoods
access to the district’s businesses. CB district lands can serve as a buffer between higher density/intensity development and moderate or low density multi-family
and single family neighborhoods.
CONCEPT
DIMENSIONAL STANDARDS
SUPERSEDING DIMENSIONAL STANDARDS
Setbacks from Residential Uses and Platted lots: Interior side and rear setbacks from residential properties, establishes the setback requirements for
structures in the CB district from lot lines shared with abutting single-family or duplex residential uses and/or platted lots located within a general residential
zoning district (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5).
Additional Standards for Taller Structures
Option 1: Structure Setback
Zoning
District
Adjacent Residential Use or
Subdivision in General Residential
District *
Abutting Multi-Family Dwelling or Undeveloped in General
Residential District
CB • Structures >40 ft. tall: 30 ft. • Structures >40 ft. tall: 25 ft.
Option 2: Architectural Stepback
Zoning
District
Abutting Residential Use or
Subdivision in General Residential
District *
Abutting Multi-Family Dwelling or Undeveloped in General
Residential District
CB • Portions of structures over 40 ft.
tall: 30 ft. • Portions of structures over 40 ft. tall: 25 ft.
Option 3: Mitigation Outlined in Conditional Zoning District Approval
Conditional zoning district outlines technique(s) to mitigate impacts of taller buildings (i.e., site design, architectural design)
* Excluding lots with multifamily dwellings
Standard All Uses
Lot area, minimum (acres) 1/2
1 Lot width, minimum (feet) 80
2 Front setback (feet) 20
3 Side setback, street (feet) 20
Side setback, interior 0 (zero) adjacent to districts in the RMF, Mixed Use
or Commercial & Industrial categories
4 Rear setback (feet) 10 adjacent to districts in the RMF, Mixed Use or Commercial &Industrial categories
Building height, maximum 3 stories, OR 50 ft.
Floor area per development site, maximum (sq ft) 100,000
Interior Side and Rear Setbacks from Residential Properties
Residential Uses and Platted Lots Nonresidential Uses in a Residential District
Side (Interior) Setback Rear Setback
20 ft. 25 ft. 20 ft.
1
1
4
2
3
4
2
Planning Board - May 2, 2024
ITEM: 2 - 9 - 1
PRINCIPAL USES KEY: * = USE-SPECIFIC STANDARDS APPLY (SEE SECTION 4.3)
By Right
Agricultural Uses
- Agricultural and Forestry Uses, General
- Wholesale Nursery Civic and Institutional
- Adult Day Care *
- Child Care Center
- Animal Shelter
- Community Center
- Library
- Lodges, Fraternal, & Social Organizations
- Museum
- Religious Assembly *
- Amateur Radio Antennas (up to 90 ft.) *
- Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use*
- Collocation, Wireless *
- Non-Substantial Modification *
- Other Wireless Communication Facilities including Wireless Support
Structures & Substantial Modifications *
- Emergency Services Facility
- Government Offices and Buildings
- Post Office
- Hospice
- Medical and Dental Office and Clinic
- Community Garden
- Park and Recreation Area
- Marina, Commercial
- Electric Substation
- Utility Lines, Structures, and/or Facilities; General* Commercial Uses
- Electronic Gaming Operation*
- Event Center*
- Indoor Recreation Establishment
- Outdoor Recreation Establishment
- Animal Grooming Service*
- Kennel
- Veterinary Service
- Bank and/or Financial Institution - Business Service Center
- Commercial Parking Lot or Facility
- Funeral Services
- Repair Shop
- Commercial Kitchen, Catering
- Microbrewery/Microdistillery
- Restaurant
- Hotel or Motel
- Contractor Office *
- Offices for Private Business and Professional Activities
- Instructional Services and Studios
- Personal Services, General
- Convenience Store
- Food Market
- Grocery Store
- Pharmacy
- Retail Nursery
- Retail Sales, General
- Car Wash *
- Fuel Sales *
- Vehicle Rentals*
- Vehicle Service Station, Minor * Industrial Uses
- Research and Development Facility
- Artisan Manufacturing *
- Commercial Recycling Facility, Small Collection *
Special Use
Residential Uses
- Live/Work or Caretaker Unit *
- Group Home *
- Senior Living: Assisted Living Facility *
Civic and Institutional
- Family Child Care Home
SPECIFIED ACCESSORY AND TEMPORARY USES
(SEE SECTION 4.4.4 FOR USE-SPECIFIC STANDARDS FOR ACCESSORY USES & SECTION 4.5.4 FOR USE-SPECIFIC STANDARDS FOR TEMPORARY USES)
Accessory Uses
- Accessory Structure
- Accessory Use, Customary
- Electric Vehicle Charging Station
- Home Occupation
- Solar Energy Collection Facility, Accessory
- Small Watercraft Storage
- Stormwater Facilities on Contiguous Properties
- Wind Energy Collection Facility, Accessory
Temporary Uses
- Construction Office
- Debris Site
- Seasonal Sales
- Special Fundraising for Non-profit Organizations
- Temporary Emergency Services Facility
- Temporary Family Healthcare Structure
- Temporary Real Estate Office/Model
- Temporary Relocation Housing
Planning Board - May 2, 2024
ITEM: 2 - 9 - 2
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 5/2/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Love O, Development Review Planner
CONTACT(S): Love O; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use
Director
SUBJECT:
Public Hearing
Rezoning Request (Z24-03) – Request by Cindee Wolf with Design Solu9ons, applicant, on behalf of Li<lebird
Proper9es, LLC, property owner, to rezone approximately 4.93 acres zoned B-1, Neighborhood Business and R-20,
Residen9al located at 3121 Castle Hayne Road to (CZD) B-2, Regional Business for two commercial structures
totaling a maximum 19,150 square feet for the use of Contractor Office and other limited uses.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 4.93 acres from B-1, Neighborhood Business and R-20, Residen1al
to (CZD) B-2, Regional Business.
The proposed rezoning is intended to construct one building designated for a contractor's office/garage at a maximum
of 7,150 sq. <. The project also includes a maximum of 12,000 sq. <. in commercial flex space.
The front 1.62 acres of the property was rezoned B-1 in 2001. The rezoning request was for approximately seven
acres star1ng at the Rockhill Road and Castle Hayne Road intersec1on to the subject property. The purpose of the
rezoning was to provide adequate service for the surrounding community. The R-20 district was established in 1974 to
ensure that housing served by private sep1c and wells would be developed at low densi1es.
As currently zoned, the subject site would allow 6 single-family dwelling units in the R-20 zoning district. In the B-1
zoning district it would allow a 12,545 sq. <. building. Currently, the site has one single family dwelling unit, if approved
it will be removed.
The purpose of the B-2 district is to provide for the proper site layout and development of larger format or larger
structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the
appropriate loca1on and design of auto-oriented uses that meet the needs of the motoring public or that rely on pass-
by traffic.
The UDO includes site design standards related to buffers and ligh1ng. A Type A opaque buffer is required along the
southern and western proper1es abuDng residen1al proper1es, and the applicant has agreed to a condi1on
guaranteeing reten1on of the exis1ng vegeta1on to meet the buffer requirements.
A 50’ wide stream buffer is required between the proposed structures and the Ness Creek Tributary. There is AE
Floodplain and AE Floodway on the property corresponding with the run of Ness Creek. No structures are proposed in
the floodplain areas however the concept plan includes stormwater ponds in the floodplain. Any work in the
floodplain must comply with Ar1cle 9 of the UDO and obtain a flood development permit from the Planning
Department.
Planning Board - May 2, 2024
ITEM: 3
The proposed project is located along a minor arterial road that is currently approaching capacity. The Castle Hayne
Road widening project would theore1cally decrease conges1on in the area however it is unfunded at this 1me. There
are a few other projects currently under review or development in the vicinity; and while their traffic analyses did not
take this proposal into account, all were developed to take into account general traffic growth in the area. The
es1mated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement
for a Traffic Impact Analysis (TIA).
The Castle Hayne corridor on which the parcel is located, has similar parcels that have been rezoned to CB, B-1, B-2,
and O&I districts in nearby Wrightsboro commercial node from the original R-20 zoning district. Therefore, the
proposed use and intensity aligns with the surrounding development paern.
The Comprehensive Plan designates this property as Community Mixed Use and General Residen1al. A goal of the
Community Mixed Use place type is to promote small-scale mixed use development paerns such as the proposed
rezoning that provide a transi1on from lower intensity commercial uses along a commuter corridor, to more dense
residen1al districts to the south and west. Condi1ons have been provided which assure adjacent property owners a
concept plan which considers noise and traffic and a list of approved uses which will support the surrounding
community. The types of uses condi1oned are in line with the Comprehensive Plan place type suggested businesses
and density.
While the General Residen1al place type focuses on lower-density housing, strategically located commercial services
are iden1fied as poten1al uses. The proposal has been designed uses to locate the less intensive contactor’s office use
on the western por1on of the site, and the applicant is proposing a pedestrian connec1on to the adjacent residen1al
project to allow easier to access to the commercial services.
The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed
use and intensity align with the exis1ng development paerns along the commercial corridor, serving nearby residents
and suppor1ng the recommenda1ons of the Community Mixed Use and General Residen1al place type.
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 proposed site plan and restricted uses are supported by the recommended Community Mixed
Use and General Residen1al in the County’s 2016 Comprehensive Plan.
As a result, Staff recommends approval of the proposal and suggests the following mo9on:
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the proposed scale and density will provide an adequate transi1on from a
commercial corridor to residen1al districts. I also find recommending APPROVAL of the rezoning request is
reasonable and in the public interest because the proposed concept plan is in line with current development paerns
with the following condi1ons:
Proposed Condi9ons:
1. The proposed use of a restaurant will have a cap of 3,000 sq. <. The contractor’s office will be capped at 1,800
sq. <. The strip retail plaza will be capped at 7,500 sq. <. Any change in square footage must be reviewed and
Planning Board - May 2, 2024
ITEM: 3
approved by the County in order to verify compliance with the zoning district standards.
2. Permied Uses shall be limited to:
a. Animal Grooming/Veterinary (Kennel or Daycare prohibited)
b. Business Service Center
c. Contractor Office
d. Offices for Private Businesses & Professional Ac1vi1es
e. General, Personal Services (Taoo Parlors prohibited)
f. Instruc1onal Services & Studios
g. General, Retail Sales
h. Restaurant
3. Pedestrian access will be provided from Haven Place to the proposed flex space commercial structure as shown
on the concept plan.
4. The exis1ng vegeta1on as shown on the concept plan will be retained to meet the Type A opaque buffer
requirement.
5. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to parcels zoned R-10.
6. A 50’ wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on
the concept plan.
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 denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the proposed uses are in line with the
recommenda1ons of the Community Mixed Use and General Residen1al place type and the proposed
development is in line with the intensity of development in the area, I find recommending DENIAL of the
rezoning request is reasonable and in the public interest because of the project’s impact on adjacent
residen1al uses.
ATTACHMENTS:
Descrip1on
Z24-03 PB Script
Z24-03 PB Staff Report
Z24-03 Zoning Map
Z24-03 Future Land Use Map
Z24-03 Mailout Map
Z24-03 Application Cover Sheet
Z24-03 Application
Z24-03 Concept Plan Cover Sheet
Z24-03 Concept Plan
Public Comment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - May 2, 2024
ITEM: 3
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z24-03)
Request by Cindee Wolf with Design Solutions, applicant, on behalf of Littlebird Properties, LLC, property
owner, to rezone approximately 4.93 acres zoned B-1, Neighborhood Business and R-20, Residential
located at 3121 Castle Hayne Road to (CZD) B-2, Regional Business for two commercial structures totaling
a maximum 19,150 square feet for the use of Contractor Office and other limited uses.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on
the Board discussion and items presented during the public hearing, would you like withdraw
your petition, request a continuance, or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because the proposed scale and density
will provide an adequate transition from a commercial corridor to residential districts. I also
find recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the proposed concept plan is in line with current development patterns with the
following conditions:
Proposed Conditions:
1. The proposed use of a restaurant will have a cap of 3,000 sq. ft. The contractor’s office
will be capped at 1,800 sq. ft. The strip retail plaza will be capped at 7,500 sq. ft. Any
change in square footage must be reviewed and approved by the County in order to verify
compliance with the zoning district standards.
2. Permitted Uses shall be limited to:
a. Animal Grooming/Veterinary (Kennel or Daycare prohibited)
b. Business Service Center
Planning Board - May 2, 2024
ITEM: 3 - 1 - 1
c. Contractor Office
d. Offices for Private Businesses & Professional Activities
e. General, Personal Services (Tattoo Parlors prohibited)
f. Instructional Services & Studios
g. General, Retail Sales
h. Restaurant
3. Pedestrian access will be provided from Haven Place to the proposed flex space
commercial structure as shown on the concept plan.
4. The existing vegetation as shown on the concept plan will be retained to meet the Type A
opaque buffer requirement.
5. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to
parcels zoned R-10.
6. A 50’ wide stream buffer is required between the proposed structures and the Ness Creek
Tributary as shown on the concept plan.
Alternative Motion for Denial
I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the proposed uses are in line
with the recommendations of the Community Mixed Use and General Residential place type
and the proposed development is in line with the intensity of development in the area, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because
of the project’s impact on adjacent residential uses.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) B-2, Regional
Business 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 - May 2, 2024
ITEM: 3 - 1 - 2
Z24-03 Staff Report PB 5.2.2024 Page 1 of 14
STAFF REPORT FOR Z24-03
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z24-03
Request:
Rezoning to a Conditional B-2district
Applicant: Property Owner(s):
Cindee Wolf, Design Solutions Littlebird Properties LLC
Location: Acreage:
3121 Castle Hayne Road 4.98
PID(s): Comp Plan Place Type:
R02519-001-012-000 Community Mixed-Use and General Residential
Existing Land Use: Proposed Land Use:
Single Family Residence
Flex Space, max 12,000 sq. ft. and
Office/Garage, max 7,150 sq. ft. with uses limited
to: Animal Grooming/Veterinary (w/Kennel or
Daycare Prohibited), Business Service Center,
Contractor Office, Offices for Private Business &
Professional Activities, Personal Services, General
(w/Tattoo Parlors Prohibited), Instructional Services
& Studios, Retail Sales, General, Restaurant
Current Zoning: Proposed Zoning:
B-1, Neighborhood Business and R-20,
Residential 20 (CZD) B-2, Regional Business
SURROUNDING AREA
LAND USE ZONING
North
Detached Single Family Residential and Vacant
Wooded Land B-1, R-20
Planning Board - May 2, 2024
ITEM: 3 - 2 - 1
Z24-03 Staff Report PB 5.2.2024 Page 2 of 14
East Detached Single Family Residential and Agricultural
Land R-20
South
Future Detached Single Family Residential (Haven
Place Subdivision) and Future Location of a New
Hanover County Fire Station
R-10
West Detached Single Family Residential and Vacant
Wooded Land R-20
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
January 8, 2001 Front portion of the property rezoned B-1
COMMUNITY SERVICES
Water/Sewer Public water and sewer services are available through CFPUA.
Fire Protection
New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Wrightsboro Station and the future adjacent
Castle Hayne Road Station
Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High
School
Recreation Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - May 2, 2024
ITEM: 3 - 2 - 2
Z24-03 Staff Report PB 5.2.2024 Page 3 of 14
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
• The applicant is proposing to remove the existing single-family home and construct two
commercial structures accessed by an internal private drive.
• The applicant, Rainstorm Solutions, a local landscape contractor, is proposing to relocate
their contractor’s office, workshop, and outdoor storage to a maximum 7,150 sq. ft. building
on the western side of the parcel.
• The request includes a maximum of 12,000 sq. ft. commercial structure on the eastern portion
of the property along Castle Hayne Road. This structure is proposed for flex space. The
conditioned limited uses for the flex space include: animal grooming/veterinary (kennel or
daycare prohibited), business service center, contractor office, offices for private business
& professional activities, general personal services (tattoo parlors prohibited), instructional
services & studios, general retail sales, and restaurant.
• A condition states the proposed use of a restaurant will have a cap of 3,000 sq. ft. as well
as a condition to cap the contractor’s office to 1,800 sq. ft. and the strip retail plaza to
7,500 sq. ft.
• The flex commercial space is located on the eastern portion of the parcel along Castle
Hayne Road and will face the parking area to the south. Just west of the flex space is a
stormwater pond. On the rear or western side of the parcel is the contractor’s office and
the garage, the fenced outdoor storage is directly behind. In front of the office is a
stormwater pond.
Pedestrian
Connection
Planning Board - May 2, 2024
ITEM: 3 - 2 - 3
Z24-03 Staff Report PB 5.2.2024 Page 4 of 14
• Following discussions between the applicant and Habitat for Humanity, pedestrian access
was provided from Haven Place to the proposed flex space commercial structure. A
condition has been included guaranteeing pedestrian access.
• A Type A opaque buffer is required along the southern and western property boundaries
abutting residentially zoned parcels. The applicant proposes to use existing vegetation on
the western and part of the southern portion of the parcel to meet the buffer requirement.
A condition has been included guaranteeing retention of the existing vegetation to meet the
buffer requirements.
• Because the parcel for the future fire station is zoned R-10 and is currently undeveloped, a
Type A opaque buffer would be required along the common property boundary. If the fire
station is developed before the proposed project, a landscape buffer would not be
required.
• A condition has been included guaranteeing the installation of a Type A opaque buffer
along the shared property line with the future fire station site.
• A 50’ wide stream buffer is required between the proposed structures and the Ness Creek
Tributary as shown on the concept plan.
ZONING CONSIDERATIONS
• The front 1.62 acres of the property was rezoned B-1 in 2001. The rezoning request was
for approximately seven acres starting at the Rockhill Road and Castle Hayne Road
intersection to the subject property. The purpose of the rezoning was to provide adequate
service for the surrounding community.
• The R-20 district was established in 1974 to ensure that housing served by private septic
and wells would be developed at low densities.
• As currently zoned B-1, the subject site would allow an average buildout of 12,545 sq. ft.
The R-20 portion of the site would be permitted up to 6 units per acre at a density of 1.9
du/ac under performance development standards.
• The purpose of the B-2 district is to provide for the proper site layout and development of
larger format or larger structure size business uses, including big box stores and automobile
dealers. It is also designed to provide for the appropriate location and design of auto-
oriented uses that meet the needs of the motoring public or that rely on pass-by traffic.
• The applicant has included pedestrian connection from the Cape Fear Habitat for Humanity
Development to allow the residents access to the site.
• There is AE Floodplain and AE Floodway on the property corresponding with the run of Ness
Creek. No structures are proposed in the floodplain areas however the concept plan
includes stormwater ponds in the floodplain. Any work in the floodplain must comply with
Article 9 of the UDO and obtain a flood development permit from the Planning Department.
• The UDO contains controls on exterior lighting on the site, and the maximum illumination
levels at the common property line with the residential properties to the west shall not
exceed 0.5-foot candles and 25 feet in height. The UDO specifies that all exterior
luminaries for nonresidential adjacent to single-family residential subdivisions shall be full
Planning Board - May 2, 2024
ITEM: 3 - 2 - 4
Z24-03 Staff Report PB 5.2.2024 Page 5 of 14
cut-off features that are directed downward. In no case shall lighting be directed at or
above a horizontal plan through the lighting fixture.
• 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.
AREA DEVELOPMENTS
Planning Board - May 2, 2024
ITEM: 3 - 2 - 5
Z24-03 Staff Report PB 5.2.2024 Page 6 of 14
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current
Zoning
Typical development under current zoning B-1 would allow a
maximum building of 12,545 SF. Typical development under current
zoning R-20 would allow a maximum of 6 single-family dwelling
units.
PROPOSED ACCESS
Primary Access Castle Hayne Road via a right-in, right-out driveway.
Secondary Access N/A
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Castle Hayne Road
Type of Roadway NCDOT minor arterial
Planning Board - May 2, 2024
ITEM: 3 - 2 - 6
Z24-03 Staff Report PB 5.2.2024 Page 7 of 14
Roadway Planning
Capacity (AADT) 16,804
Latest Traffic Volume
(AADT) 14,500
Latest WMPO Point-in-
Time Count (DT) 17,995
Current Level of
Congestion Approaching Capacity
Sources
Source of Planning Capacity: WMPO
Source of Latest Traffic Volume: 2021
Source of WMPO Point-in-Time County: 2022
NEARBY NCDOT STIP ROADAWAY PROJECTS
U-5863 – Castle Hayne
Road Widening
(Unfunded at this time, post
2029 completion)
- Widen Castle Hayne Road into multi-lanes from I-140 to
Division Drive. Right-of-way acquisition and utilities is currently
scheduled to take place in FY 2025, with construction
beginning after 2029.
TRAFFIC GENERATION
Traffic
Generated
by Present
Designation
(B-1)
Traffic
Generated by
Present
Designation
(R-20)
Traffic
Generated
by Proposed
Designation
Potential Impact of
Proposed
Designation
AM Peak Hour Trips 19 4 86 +63
PM Peak Hour Trips 18 6 53 +30
Assumptions
Typical Development with Existing Zoning – 6 single family detached
dwellings in the R-20 zoning district. Maximum 12,454 sq. ft. commercial
building in the B-1 zoning district.
Proposed Development – Maximum 12,000 sq. ft. of “flex” commercial
space and maximum 7,150 sq. ft. of office/garage.
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).
Planning Board - May 2, 2024
ITEM: 3 - 2 - 7
Z24-03 Staff Report PB 5.2.2024 Page 8 of 14
SUMMARY
The proposed project is located along a minor arterial road that is currently approaching capacity.
The Castle Hayne Road widening project would theoretically decrease congestion in the area;
however, it is unfunded at this time. There are a few other projects currently under review or
development in the vicinity; and while their traffic analyses did not take this proposal into account,
all were developed to take into account general traffic growth in the area. While a TIA would not
be required for development of the site, there is a condition on the square footage. A condition
states the proposed use of a restaurant will have a cap of 3,000 sq. ft. as well as a condition to cap
the contractor office to 1,800 sq. ft. and the strip retail plaza to 7,500 sq. ft. The site must be
reviewed and approved through the NCDOT driveway permit process. Preliminary review comments
from NCDOT indicate their preference for the proposed driveway location.
ENVIRONMENTAL
• The property contains an AE Special Flood Hazard Area along the northern boundary;
however, no buildings are proposed within it.
• The property is within the Ness Creek watershed.
• The property is not within a Natural Heritage Area.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (Moderate Limitation) soils. The project proposed to connect to
CFPUA public sewer.
OTHER CONSIDERATIONS
New Hanover County Strategic Plan
On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-
2028. This plan focuses on three core areas: workforce and economic development, community
safety and well-being, and sustainable land use and environmental stewardship.
Strategic Plan Outcomes Relevant to
Proposal Analysis
Through planned growth and development,
residents have access to their basic needs.
The proposed (CZD) B-2 rezoning will allow
businesses that can support the surrounding
community to be located along a minor roadway
corridor and in a close proximity to a number of
current and future households.
A business-friendly environment that promotes
growth, agility, and collaboration.
The plan aims to prepare for the long-term needs
of businesses and to maintain new business
growth within 2.5% of the state. The proposed
commercial zoning district will enable new
businesses.
Planning Board - May 2, 2024
ITEM: 3 - 2 - 8
Z24-03 Staff Report PB 5.2.2024 Page 9 of 14
Representative Developments
Representative Developments of R-20 and B-1:
Holland Drive (R-20)
Masonboro Station (B-1)
Planning Board - May 2, 2024
ITEM: 3 - 2 - 9
Z24-03 Staff Report PB 5.2.2024 Page 10 of 14
Representative Developments of (CZD) B-2:
Murrayville Station Business Park – Exchange Drive
Freedom Lawns Landscaping Contractor’s Office
Context and Compatibility
• The property is located along Castle Hayne Road, a minor arterial road just north of
Wrightsboro and right at the intersection of Castle Hayne Road and Swartville Road.
• The Castle Hayne corridor on which the parcel is located, has similar parcels that have been
rezoned to CB, B-1, B-2, and O&I districts in nearby Wrightsboro commercial node from
the original R-20 zoning district. Therefore, the proposed use and intensity aligns with the
surrounding development pattern.
Planning Board - May 2, 2024
ITEM: 3 - 2 - 10
Z24-03 Staff Report PB 5.2.2024 Page 11 of 14
• While the area is primarily a mix of lower density residential districts such as R-20, the front
portion of the parcel is already zoned commercial B-1. The Castle Hayne corridor has seen
an increasing shift towards more commercial districts and uses, a trend that is expected to
continue.
• Residential growth in the area as well as expanded transportation network on I-140 has
increased the demand for commercial services along Castle Hayne Road. A future NCDOT
project to widen Castle Hayne Road to alleviate congestion and prepare for expected
future growth has been included in the STIP but is currently unfunded.
• The applicant’s concept plan includes existing vegetation that will be preserved and used
as a type “A” buffer along the rear and side property lines. As well as a 20’ buffer along
the property lines. The Ness Creek Tributary is protected by a 50’ stream buffer as shown
on the concept plan.
• Due to the site’s proximity to adjacent future single-family residential to the south, the design
of lighting associated with the businesses use may need additional consideration to ensure
compatibility.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Planning Board - May 2, 2024
ITEM: 3 - 2 - 11
Z24-03 Staff Report PB 5.2.2024 Page 12 of 14
Future Land Use
Map Place Type
General Residential and Community Mixed Use
Because of the general nature of place type borders, sites located in
proximity to the boundaries between place types could be appropriately
developed with either place type, allowing site-specific features and
evolving development patterns in the surrounding area to be considered.
Place Type
Description
General Residential:
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.
Community Mixed Use:
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and
visitors. Types of appropriate uses include office, retail, mixed use,
recreational, commercial, institutional, and multi-family and single-family
residential.
Analysis
The proposed development is located along the Castle Hayne Road corridor
at the intersection of Castle Hayne Road and Swartville Road.
Expansion of Castle Hayne Road is a proposed project being considered
by NCDOT. Surrounded by residential districts, the parcel is in close
proximity to the population the businesses will employ and serve. Locating
commercial use along the roadway provides an appropriate density
transition to the adjacent residential districts.
A goal of the Community Mixed Use place type is to promote small-scale
mixed use development patterns such as the proposed rezoning that provide
a transition from lower intensity commercial uses along a commuter corridor,
to more dense residential districts to the south and west. Conditions have
been provided which assure adjacent property owners a concept plan which
considers noise and traffic and a list of approved uses which will support
the surrounding community. The types of uses conditioned are in line with
the Comprehensive Plan place type suggested businesses and density.
While the General Residential place type focuses on lower-density housing,
strategically located commercial services are identified as potential uses.
The proposal has been designed uses to locate the less intensive contactor’s
office use on the western portion of the site, and the applicant is proposing
a pedestrian connection to the adjacent residential project to allow easier
to access to the commercial services.
Planning Board - May 2, 2024
ITEM: 3 - 2 - 12
Z24-03 Staff Report PB 5.2.2024 Page 13 of 14
Consistency
Recommendation
The proposed rezoning request is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed use and intensity align with the
existing development patterns along the commercial corridor, serving
nearby residents and supporting the recommendations of the Community
Mixed Use and General Residential place type.
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. The proposed site plan and restricted uses are supported by
the recommended Community Mixed Use and General Residential in the County’s 2016
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. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed scale and density will provide an adequate transition from a commercial
corridor to residential districts. I also find recommending APPROVAL of the rezoning
request is reasonable and in the public interest because the proposed concept plan is
in line with current development patterns with the following conditions:
Proposed Conditions:
1. The proposed use of a restaurant will have a cap of 3,000 sq. ft. The contractor’s office
will be capped at 1,800 sq. ft. The strip retail plaza will be capped at 7,500 sq. ft. Any
change in square footage must be reviewed and approved by the County in order to verify
compliance with the zoning district standards.
2. Permitted Uses shall be limited to:
a. Animal Grooming/Veterinary (Kennel or Daycare prohibited)
b. Business Service Center
c. Contractor Office
d. Offices for Private Businesses & Professional Activities
e. General, Personal Services (Tattoo Parlors prohibited)
f. Instructional Services & Studios
g. General, Retail Sales
h. Restaurant
3. Pedestrian access will be provided from Haven Place to the proposed flex space
commercial structure as shown on the concept plan.
Planning Board - May 2, 2024
ITEM: 3 - 2 - 13
Z24-03 Staff Report PB 5.2.2024 Page 14 of 14
4. The existing vegetation as shown on the concept plan will be retained to meet the Type A
opaque buffer requirement.
5. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to
parcels zoned R-10.
6. A 50’ wide stream buffer is required between the proposed structures and the Ness Creek
Tributary as shown on the concept plan.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to recommend DENIAL of the proposed rezoning. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed uses are in line with the recommendations of the Community Mixed Use and
General Residential place type and the proposed development is in line with the
intensity of development in the area, I find recommending DENIAL of the rezoning
request is reasonable and in the public interest because of the project’s impact on
adjacent residential uses.
Planning Board - May 2, 2024
ITEM: 3 - 2 - 14
Planning Board - May 2, 2024
ITEM: 3 - 3 - 1
Planning Board - May 2, 2024
ITEM: 3 - 4 - 1
Planning Board - May 2, 2024
ITEM: 3 - 5 - 1
Application Documents &
Materials
Planning Board - May 2, 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
Littlebird Properties, L.L.C.
5901 Offshore Court
Wilmington, NC 28409
910-262-0660
bill@rainstormsolutions.com
(Contact: Bill Aldridge - L.L.C. Owner / Manager)
Planning Board - May 2, 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.
3121 Castle Hayne Road 322015.53.2973 [R02519-001-012-000]
4.93 acres Community Mixed-Use &
General Residential
B-1 & R-20 (Residential)
N/A
(CZD) B-2 4.93 ac.
12,000 s.f. "Flex" & 7,150 s.f. Office / Garage
The proposed plan includes construction of a 12,000 s.f., one-story, storefront-style building for
lease to a limited list (ref. conditions of approval) of commercial uses. This style of business
development provides flexibility for the lessees to address their particular spacial needs. The
rear alley allows garage-door access for indoor storage of materials and other business service
needs. Parking is oriented away from the road frontage. The Castle Hayne Road facade will
have an enhanced architectural style to complement the streetyard aesthetics.
The property owner is a contractor, and proposes his office and business facilities in a single,
7150 s.f., building to the rear of the tract. An outdoor storage yard would be fenced. Limits of
disturbance would be limited to the central portion of the tract to provide maximum preservation
of the existing vegetation for buffering all three sides adjacent to residential zoning.
Water & sewer service will be tied into the CFPUA public system.
Planning Board - May 2, 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:
Shopping Center (820) & Single-Tenant Office Bldg. (715)
Calculated based on 12,000 s.f. GFA (820) & 1800 s.f. GFA (715)
12 + 3 = 15 45 + 3 = 48
Reference the attached "Concept Plan" for site layout, proposed improvements and details.
Proposed uses will be limited to:
* Animal Grooming / Veterinary (w/ Kennel or Daycare prohibited)
* Business Service Center
* Contractor Office
* Offices for Private Business & Professional Activities
* Personal Services, General (w/ Tattoo Parlors prohibited)
* Instructional Services & Studios
* Retail Sales, General
* Restaurant
Planning Board - May 2, 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 - May 2, 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 - May 2, 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 onthe Planning Board meeting agenda. The Planning Board may choose to continuethe 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 districtregulations or additional limitations on land that may be regulated by state law orlocal ordinance
CAW
CAW
CAW
N/A
CAW
CAW
Planning Board - May 2, 2024
ITEM: 3 - 7 - 6
Planning Board - May 2, 2024
ITEM: 3 - 7 - 7
Planning Board - May 2, 2024
ITEM: 3 - 7 - 8
Planning Board - May 2, 2024
ITEM: 3 - 7 - 9
Planning Board - May 2, 2024
ITEM: 3 - 7 - 10
Legal DescripƟon for
CondiƟonal District Rezoning of
3121 Castle Hayne Road
Beginning at a point in the western boundary of Castle Hayne Road (U.S. Hwy. 117), a 60’ public
right-of-way; said point being located approximately 486 feet southwardly along the right-of-
way from its intersecƟon with the southern boundary of Rockhill Road (S.R. 1331); a 60’ public
right-of-way; and running thence from the point of beginning, with the Castle Hayne Road right-
of-way:
South 00036’55” West, 208.00 feet to a point; thence
North 89021’30” West, 1,030.95 feet to a point; thence
North 00020’13” East, 208.69 feet to a point; thence
South 89029’13” East, 1031.96 feet to the right-of-way of Castle Hayne Road, the point of
beginning, containing 4.93 acres, more or less.
Planning Board - May 2, 2024
ITEM: 3 - 7 - 11
R R
3121 Castle Hayne Rd
New Hanover County, NC
Map Date: 02/08/2023DRGNCW23.058 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001
Section 404/401DelineationPreliminary Sketch
L:\WETLANDS\2023 WETLANDS FILES\DRGNCW23.058 --- 3121 Castle Hayne Rd, Littlebird Properties\Maps
Boundaries are approximate and not meant to be absolute.Map Source: 2020 NC OneMap Aerial Photography
0 150 30075ft¯
NOTE: This is not a survey. All boundaries and distances are consideredapproximate. This represents a preliminary sketch prepared from field
notes. A survey of delineated areas and review and approval by the U.S.Army Corps of Engineers is recommended prior to specific site planning.
A1-A7
Data Points
Legend
Project Area ~ 5 Ac
Uplands ~ 4.91 Ac (98%)
Wetlands ~ 0.03 Ac (<1%)
Perennial Stream ~ 0.06 Ac/230 L.F. (1%)
Non-Jurisdictional Ditch ~ 270 L.F.
R Data Points
Planning Board - May 2, 2024
ITEM: 3 - 7 - 12
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
3121 Castle Hayne Road 322015.53.2973 [R02519-001-012-000]
Monday, February 19, 2024 / 6:00 p.m.
Saint James AME Church, 3425 Catle Hayne Rd
Proximity to the subject project site
In-person w/ info provided for alternativecontact if not able to attend
Planning Board - May 2, 2024
ITEM: 3 - 7 - 13
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
CAW
CAW
CAW
CAW
February 8, 2024
Cynthia A Wolf
February 22, 2024
Planning Board - May 2, 2024
ITEM: 3 - 7 - 14
Planning Board - May 2, 2024
ITEM: 3 - 7 - 15
Planning Board - May 2, 2024
ITEM: 3 - 7 - 16
PROPERTY OWNERS WITHIN A 500' PERIMETER OF 3121 CASTLE HAYNE ROAD:
ADJACENT OWNER ADDRESS CITY / STATE / ZIP
BALDWIN PEGGY D 2114 BRYANT AVE APT #4G BRONX NY 10460
BURTON PAUL GEORGE HEIRS 1709 PRINCESS ST WILMINGTON NC 28405
BURTON PHIL W CORA J 3100 CASTLE HAYNE RD CASTLE HAYNE NC 28429
CAPE FEAR HABITAT 20 N 4TH ST WILMINGTON NC 28401
CLARK JEROME E ETUX 2504 ROCKHILL RD CASTLE HAYNE NC 28429
DAVIS ELEANOR 1641 NC HWY 133 ROCKY POINT NC 28457
GILES BRIAN DONNA 3129 CASTLE HAYNE RD CASTLE HAYNE NC 28429
HD LLC 8620 RIVER RD WILMINGTON NC 28412
HOLLIDAY JOHNNIE E MARY 2508 ROCK HILL RD CASTLE HAYNE NC 28429
HOLLIDAY WILLIE JAMES 2512 ROCK HILL RD CASTLE HAYNE NC 28429
LITTLEBIRD PROPERTIES LLC 3121 CASTLE HAYNE RD CASTLE HAYNE NC 28429
MARTINEZ FIDEL H 3633 BLUE BANKS LOOP RD LELAND NC 28451
MCFADDEN DELLA HRS 2516 ROCK HILL RD CASTLE HAYNE NC 28429
NEW HANOVER COUNTY 230 GOV CNTR DR STE 190 WILMINGTON NC 28403
RENS ROBERT JENNAH CUTTING 2501 OAKLEY RD CASTLE HAYNE NC 28429
WALKER LUCILLE 2400 ROCK HILL RD CASTLE HAYNE NC 28429
WILSON ANTHONY 6114 WILLOWOOD RD KANNAPOLIS NC 28081
Planning Board - May 2, 2024
ITEM: 3 - 7 - 17
February 8, 2024
To: Adjacent Property Owners
This is a notice of a community information meeting for an upcoming rezoning request on
behalf of Littlebird Properties, L.L.C., property owners of 3121 Castle Hayne Road. The tract is
currently split-zoned Neighborhood Business (B-1) along the frontage, and Residential (R-20) to
the rear. The proposed rezone would be for a Conditional Highway Business (CZD / B-2) district,
for the Owner to locate his Rainstorm Solutions business and develop additional space for other
commercial uses. The tract is approximately five (5) acres, and a concept plan for layout of the
proposed project is attached.
Your property is located in the proximity, within a 500’ perimeter, of the lot boundary. The
meeting is an opportunity for further explanation of the proposal and for questions to be
answered concerning project improvements, benefits and impacts.
A Conditional Zoning District in New Hanover County allows particular uses to be established
only in accordance with specific standards and conditions pertaining to each individual
development project & rezoning petition. Essentially, this means that only the specific use(s)
and the proposed site improvements of an approved petition can be developed.
A meeting will be held on Monday, February 19th, 6:00 p.m., at the Saint James AME Church,
3425 Castle Hayne Road (corner of Chair Road).
If you cannot attend, you are welcome to contact Cindee Wolf at telephone # 910-620-2374, or
email cwolf@lobodemar.biz with comments and/or questions.
We appreciate your interest and look forward to continuing to be a good neighbor and an asset
to the community.
Planning Board - May 2, 2024
ITEM: 3 - 7 - 18
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Planning Board - May 2, 2024
ITEM: 3 - 7 - 19
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S 89°29'13" E
1031.96'
N 89°31'30" W
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1800
s.f.
Office5350 s.f.
Workshop /
Garage
4500 s.f.
"Flex"
Commercial
4500 s.f.
"Flex"
Commercial
4500 s.f.
"Flex"
CommercialService
Courtyard
Fenced
Outdoor
Storage
110'
65
'
Planning Board - May 2, 2024
ITEM: 3 - 7 - 20
Concept Plan
Planning Board - May 2, 2024
ITEM: 3 - 8 - 1
3. Protective fencing is to be maintained throughout the duration
or vehicles are permitted within the tree protection fencing.
Cape Fear Township / New Hanover County / North Carolina
Vicinity Map
3. Existing Zoning District: R-20
2. Tract Area: 4.93 ac.
1. New Hanover County Parcel No.:
General Notes:
322015.53.2973
8040200
Graphic Scale
2030
Proposed Zoning District: (CZD) B-2
[R02519-001-012-000]
S
N
W E
2. This property is not impacted by any AEC.
3. Conservation Overlay boundaries will be
applied within this property.
4. This site is not impacted by any recognized
historic or archeological significance.
5. No cemeteries were evidenced on the site.
6. Existing regulated trees have been located &
identified within the development area.
7. Jurisdictional wetlands have been identified on the site.
8. There is no evidence of endangered species or
habitat issues on the site.
Site Inventory Notes:
9. This tract is impacted by any Special Flood Hazard
Area as evidenced on N.C. Flood Map 37203220J.
10. The site runoff will flow into the Ness Creek
watershed, draining into the Cape Fear River,
1. Soils: Ls (Lynchburg fine sandy loam)
Tree Preservation Notes:
to clearing & land disturbance.
1. Tree Preservation / Removal Permit is required prior
2. Prior to any clearing, grading or construction activity, tree
groves of trees and no construction workers, tools, materials,
protection fencing will be installed around protected trees or
shall receive adequate instruction on tree protection
of the project. Land clearing and construction contractors
requirements and methods.
4. Label protective fencing with signs to be placed every 50
& Spanish "Tree Protection Area: Do Not Enter."
linear feet, or at least two (2) per area, in both English
greater than one (1) acre. A New Hanover Co.
1. Stormwater management will meet County & State
requirements. Total limits of disturbance are
Grading / Erosion Control Permit will be req'd.
Stormwater Management Notes:
(No Scale)
N
E
S
W
Project No.:
Property Address: 3121 Castle Hayne RoadDeveloper:P.O. Box 7221
Design Solutions
Date:
Wilmington, NC 28406
Tel. 910-620-2374
Scale:
24-03
Revisons:
1'' = 40'Conditional Zoning
District Concept Plan
1. All development shall be in accordance with
General Development Notes:
the New Hanover County Zoning Ordinance.
& New Hanover County regulations.
2. Project shall comply with all Federal, State
into SC classified waters.
4. Comp Plan Place-Type:
Wr (Wrightsboro fine sandy loam)
Community Mixed-Use / General Residential
Case #Z24 -
Site
Rainstorm Solutions
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24"W_OAK
26"GUM
12"GUM
22"GUM
30"GUM
14"GUM
24"POPLAR
12"OAK
30"OAK12"OAK
10"MAPLE
14"GUM6"POPLAR
6"MIMOSA
22"GUM
29
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22"GUM
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26"GUM
16"GUM
22"GUM 26"W_OAK
24"GUM
18"GUM
30"POPLAR
60"POPLAR
36"POPLAR
34"POPLAR
6"HOLLY
12"GUM
10"GUM24"POPLAR
38"POPLAR
S 89°29'13" E
1
0
3
1
.
9
6
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8"+12"MAPLE
20"+30"GUM
32"POPLAR
12"MAG
N 89°31'30" W
1
0
3
0
.
9
5
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24"POPLAR
22"POPLAR
20"OAK
8"+16"MAPLE
28"OAK
N
0
0
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2
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1
3
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E
2
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24" HDPE
Wetlands
Nes
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T
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1
OLD MILL RD
SWARTVILLE R
D
ROCKHILL RD
OAKLEY RD
RITTER DR
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40 10
03/28/24
Littlebird Properties, L.L.C.
3121 Castle Hayne Road
Castle Hayne, NC 28429
Swartville Ro
a
d
( 30' Private
R
/
W
)
1800
s.f.
Office5350 s.f.
Workshop /
Garage
(60' x 200')
"Flex"
CommercialFenced
Outdoor
Storage
110'
65
'
29
30
3
1
31262728293025242322
29282726
1
6
1
7
1
8
1
9
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51515161718192021222324252627282930
30 29 28 27 26
25 24 23 22 21 20 19 18 17 16 2120191817161515
3
0
30
31
3030
31
31
3030
Note:
Existing vegetation within the site is a mix
of regulated, but generally not significant,
hardwood & Pine trees. No Specimen trees
were identified. All trees beyond the limits
of disturbance will be preserved and
supplemented as necessary to provide the
opacity requirements for a Type "A"
transitional buffer yard.
30' Side Yard Setback
20' Bufferyard
30' Side Yard Setback
20' Bufferyard
35
'
R
e
a
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Y
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Max. Bldg. Area - 20,650 s.f. GFA±
55,500 s.f. (25.8%)
Max. Bldg. Hgt. - 1-Story / 25'
Preliminary Surface Coverages:
Preliminary Development Data:
** 48 spaces prov'd. **
Pavement -
1,600 s.f.±Walks -
Max. Parking Req'd.:
14,000 s.f.±
Total -
Rooftops -
39,900 s.f.±
"Flex" Commercial @ 2.5 sp/1000 sf = 34
Proposed Limited Uses:
Contractor Office
Offices for Private & Professional Activities
Instructional Services & Studios
Personal Services
Business Service Center
Animal Grooming / Veterinary
Retail sales, General
Restaurant (No Drive-thru)
D.B. 6237-856
n/f
Brian &
Donna Giles
Land Use:
Zoning: B-1
Residential
D.B. 5471-840
n/f
Paul George
Burton Heirs etal Land Use:
Zoning: B-1
Vacant
D.B. 4220-545
n/f
Anthony
Wilson Land Use:
Zoning: R-20
Vacant
D.B.
n/f
Anthony
Wilson
Land Use:
Zoning: R-20
Vacant
4220-545
D.B. 6316-665
n/f
Cape Fear Habitat
for Humanity, Inc.Land Use:
Zoning: R-10
Residential
D.B. 1639-517
n/f
New Hanover
County
Land Use:
Zoning: R-10
Fire Station
D.B. 6239-2571
n/f
HD, LLC
Land Use:
Zoning: R-20
Vacant
(w/ Kennel or Daycare prohibited)
(w/ Tattooing Parlors prohibited)
D.B. 1762-1123
n/f
Eleanor
Davis
Land Use:
Zoning: R-20
Vacant / Farming
Flo
o
d
w
a
y
Jo (Johnston)
On (Onslow loamy fine sand)
50'
Stream
Buffer
50'
Stream
Buffer
Ex.
Residence
On
Jo
Jo Wr
Ls
2'' Water
Blowoff 2'' End of
Line Force
Main Cleanout
Covered Porch
12,000 s.f.
Service Lane W/ Garage Door Access
30' Side Setback to Residential
20' Buffer Yard to include 8' High Solid Scre
e
n
i
n
g
F
e
n
c
e
Planning Board - May 2, 2024
ITEM: 3 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - May 2, 2024
ITEM: 3 - 10 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 5/2/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor
CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director
SUBJECT:
Public Hearing
Text Amendment Request (TA-24-02) - Request by New Hanover County Planning & Land Use to amend Ar7cle 10
of the Unified Development Ordinance to incorporate standards for required Agreements to Condi7ons.
BRIEF SUMMARY:
At the March 18, 2024 regular mee&ng the Board of Commissioners directed staff to dra+ an amendment to the
Unified Development Ordinance (UDO) specifying that if an applicant does not sign the required condi&ons agreement
within seven (7) days of board approval, a rezoning applica&on is considered denied and would be subject to a one (1)
year wai&ng period for resubmi5al.
The UDO establishes the requirements and review procedures for condi&onal rezoning applica&ons. Those
requirements include a provision sta&ng if an applica&on is denied, the same or similar applica&ons cannot be
submi5ed for one (1) year from the date of denial unless specific condi&ons of the ordinance are met.
Similar provisions are common in county and municipal zoning codes. The purpose is to prevent reapplica&on of
denied projects that do not show substan&al differences from what was previously denied by the governing board.
General Statute (GS) 160D-703(b) states specific condi&ons may be added to condi&onal rezoning applica&ons
provided they are consented to by both the board and applicant, and that the applicant has agreed to the condi&ons in
wri&ng.
Currently, if an applicant agrees to a condi&on of approval but does not provide the required wri5en agreement within
seven (7) business days, the rezoning approval is considered null and void and is not subject to the one (1) year wai&ng
period.
The proposed amendment would render applica&ons denied if an applicant does not provide the required wri5en
agreement within seven (7) business days. If rendered denied, the applica&on would be subject to the same one (1)
year wai&ng period for denied applica&ons.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the requested amendment and suggests the following mo&on:
Planning Board - May 2, 2024
ITEM: 5
I move to recommend APPROVAL of the proposed amendment to the New Hanover County Unified Development
Ordinance to specify an applicant's refusal to sign the required agreement to condi&ons for condi&onal rezonings
within seven (7) business days of approval by the Board of Commissioners is an automa&c denial requiring a one (1)
year wai&ng period before resubmi5al. I find it to be CONSISTENT with the purpose and intent of the 2016
Comprehensive Plan because it provides up-to-date zoning tools. I also find recommending APPROVAL of the
proposed amendment reasonable and in the public interest because it provides for clear and effec&ve ordinance
standards.
Alterna7ve Mo7on for Approval / Denial:
I move to recommend [Approval / Denial] of the proposed amendment to the New Hanover County Unified
Development Ordinance. I find it to be [Consistent / Inconsistent] with the purposes and intent of the Comprehensive
Plan because [insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
I also find recommending [Approval / Denial] of the proposed amendment is reasonable and in the public interest
because [insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
ATTACHMENTS:
Descrip&on
TA24-02 PB Script
TA24-02 PB Staff Report
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - May 2, 2024
ITEM: 5
SCRIPT for Unified Development Ordinance Text Amendment (TA24-02)
Request by New Hanover County Planning & Land Use to amend Section 10.3 of the Unified
Development Ordinance related to the required conditions agreement statement for conditional
rezonings.
1. This is a public hearing. We will hear a presentation from staff. Then any supporters and
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Supporters’ presentation (up to 15 minutes)
c. Opponents’ presentation (up to 15 minutes)
d. Supporters’ rebuttal (up to 5 minutes)
e. Opponents’ rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Vote on amendment. The motion should include a statement saying how the change is, or is not,
consistent with the land use plan and why approval or denial of the rezoning request is reasonable
and in the public interest.
Example Motion of Approval
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified
Development Ordinance to specify an applicant’s refusal to sign the required agreement to conditions
for conditional rezonings within seven (7) business days of approval by the Board of Commissioners is an
automatic denial requiring a one (1) year waiting period before resubmittal. I find it to be CONSISTENT
with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools.
I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public
interest because it provides for clear and effective ordinance standards.
Alternative Motion for Approval/Denial:
I move to recommend [Approval/Denial] of the proposed amendment to the New Hanover County Unified
Development Ordinance. I find it to be [Consistent/Inconsistent] with the purposes and intent of the
Comprehensive Plan because [insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because
[insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
Planning Board - May 2, 2024
ITEM: 5 - 1 - 1
STAFF REPORT FOR TA24-02
TEXT AMENDMENT REQUEST
REQUEST SUMMARY
Case Number: TA24-02
Request:
To amend Section 10.3.3.C.7 of the Unified Development Ordinance related to the required
Agreement to Conditions for conditional rezoning applications.
Applicant: Subject Ordinances:
New Hanover County Unified Development Ordinance (UDO)
Purpose & Intent
The key intent of this amendment is to specify that an applicant’s refusal to sign the required
agreement to conditions for conditional rezonings within seven (7) business days of approval by
the Board of Commissioners is an automatic denial requiring a one (1) year waiting period before
resubmittal.
BACKGROUND
The Unified Development Ordinance (UDO) establishes the requirements and review procedures for
conditional rezoning applications. Those requirements include a provision stating if an application
is denied, the same or similar applications cannot be submitted for one (1) year from the date of
denial unless specific conditions of the ordinance are met.
Similar provisions are common in county and municipal zoning codes. The purpose is to prevent
reapplication of denied projects that do not show substantial differences from what was previously
denied by the governing board.
General Statute (GS) 160D-703(b) states specific conditions may be added to conditional rezoning
applications provided they are consented to by both the board and applicant, and that the
applicant has agreed to the conditions in writing.
Currently, if an applicant agrees to a condition of approval but does not provide the required
written agreement within seven (7) business days, the rezoning approval is considered null and void
and is not subject to the one (1) year waiting period.
The proposed amendment would render applications denied if an applicant does not provide the
required written agreement within seven (7) business days. If rendered denied, the application
would be subject to the same one (1) year waiting period for denied applications.
Planning Board - May 2, 2024
ITEM: 5 - 2 - 1
PROPOSED AMENDMENT
The proposed text amendment is attached, with red italics indicating new language and
strikethrough indicated text that is to be removed.
Unified Development Ordinance
Section 10.3.3 Conditional Zoning
d. Agreement to Conditions
1. Conditional rezoning approval is subject to the applicant or their agent signing an
agreement acknowledging the applicant’s consent to all approved conditions. If the signed
agreement is not provided to the Planning Department within seven (7) business days from
the date of approval by the Board of Commissioners the approval is rescinded, and the
application is considered denied. No additional decision or action is required by the Board
of Commissioners.
2. Applications denied under this section shall be subject to the reapplication requirements of
Section 10.2.10.F.
3. The following do not meet the reapplication requirements of Section 10.2.10.F for
applications denied under this section:
a. The removal of a previously approved condition,
b. A reduction in the scope or requirement of a previously approved condition.
STAFF RECOMMENDATION
Staff recommends approval of the requested amendment and suggests the following motion:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to specify an applicant’s refusal to sign the required agreement
to conditions for conditional rezonings within seven (7) business days of approval by the Board of
Commissioners is an automatic denial requiring a one (1) year waiting period before resubmittal. I
find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it
provides up-to-date zoning tools. I also find RECOMMENDING APPROVAL of the proposed
amendment reasonable and in the public interest because it provides for clear and effective
ordinance standards.
Planning Board - May 2, 2024
ITEM: 5 - 2 - 2
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 5/2/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Dylan McDonnell, Associate Planner - Long Range
CONTACT(S): Dylan McDonnell; Rebekah Roth, Planning & Land Use Director
SUBJECT:
Public Hearing
Comprehensive Plan Update - Request by New Hanover County Planning & Land Use to amend the New Hanover
County Comprehensive Plan to incorporate revisions to bicycle and pedestrian infrastructure policies.
BRIEF SUMMARY:
The Bicycle and Pedestrian Priori es Plan is intended to ar culate exis ng priority bicycle and pedestrian projects that
have been iden fied and ve&ed over the past several years. They have been presented to the Board previously, but
they are not currently included in any County-adopted plan. Ar cula ng the desire for addi onal bicycle and
pedestrian facili es is also important for the inclusion into the Wilmington Urban Area Metropolitan Organiza on's
(WMPO) Metropolitan Transporta on Plan (MTP). Inclusion into the MTP allows projects to be eligible for state and
federal funding sources. While staff an cipates addi onal bicycle and pedestrian projects and recommenda ons which
will be iden fied in a full plan update to come later, adop ng a priority plan now will be&er posi on New Hanover
County to take advantage of poten al funding opportuni es.
This amendment is also a place to include current Board of Commissioner direc on to have applicants provide bicycle
and pedestrian easements along Carolina Beach Road South where a 10’ (foot) wide mul -use path is desired.
Including it in the Comprehensive Plan will make sure that this policy direc on is clear for both applicants and the
public and will allow bicycle and pedestrian easements to be considered during the development review process.
The priori es plan will be an addi on to the exis ng Comprehensive Plan as an appendix that will include a map, a list
of the priori zed projects and any other supplemental informa on. In addi on, Chapter 5 Building the Future will be
amended to include an addi on to a implementa on strategy and a guideline.
The poten al Amendment was presented to the Planning Board at the February 1, 2024 mee ng. At that mee ng, the
Planning Board suggested addi onal segments be included in the plan. At their March 7, 2024 mee ng staff presented
the public comment dra? concept to the Planning Board. No addi onal comments were made.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the requested amendment and suggests the following mo on:
Planning Board - May 2, 2024
ITEM: 6
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Comprehensive Plan
to add the Bicycle and Pedestrian Priori es Plan that includes new strategies and guidelines found in Chapter 5 Building
the Future. I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it broadens
exis ng goals and guidelines promo ng the desire to have more bicycle and pedestrian infrastructure in the county. I
also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it
ar culates iden fied priority bicycle and pedestrian projects, clarifies where bicycle and pedestrian infrastructure is
desired during the development review process and formalizes policy direc on to include bicycle and pedestrian
easements along Carolina Beach Road with new development projects.
Alterna:ve Mo:on for Denial:
I move to recommend [Approval / Denial] the proposed amendment to the New Hanover County Unified
Development Ordinance. I find it to be [Consistent / Inconsistent] with the purposes and intent of the
Comprehensive Plan because [insert reasons].
I also find [Approval / Denial] of the proposed amendment is reasonable and in the public interest because [insert
reasons].
ATTACHMENTS:
Descrip on
Bicycle Pedestrian Plan PB Script
Bicycle and Pedestrian Priorities Plan PB Staff Report
Bicycle and Pedestrian Priorities Plan PB Draft Amendment
Bicycle and Pedestrian Priorities Plan Public Comment Draft Comments
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - May 2, 2024
ITEM: 6
SCRIPT for Comprehensive Plan Update
Bicycle and Pedestrian Plan Public Hearing
Request by New Hanover County Planning & Land Use to amend the New Hanover County
Comprehensive Plan to incorporate revisions to bicycle and pedestrian infrastructure policies.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for
rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Supporter’s Presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Staff’s response to questions and concerns (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Board discussion
5. Vote on amendment. The motion should include a statement saying how the change is, or is not,
consistent with the land use plan and why approval or denial of the text amendment request is
reasonable and in the public interest.
Example Motion for Approval:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County
Comprehensive Plan to add the Bicycle and Pedestrian Priorities Plan that includes new strategies
and guidelines found in Chapter 5 Building the Future. I find it to be CONSISTENT with the purpose
and intent of the Comprehensive Plan because it broadens existing goals and guidelines promoting
the desire to have more bicycle and pedestrian infrastructure in the county. I also find
RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest
because it articulates identified priority bicycle and pedestrian projects, clarifies where bicycle and
pedestrian infrastructure is desired during the development review process and formalizes policy
direction to include bicycle and pedestrian easements along Carolina Beach Road with new
development projects.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified
Development Ordinance to provide for Supportive Housing Community standards. I find it to be
[Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert
reasons]
______________________________________________________________________________
______________________________________________________________________________
I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest
because [insert reasons]
______________________________________________________________________________
______________________________________________________________________________
Planning Board - May 2, 2024
ITEM: 6 - 1 - 1
STAFF REPORT FOR
BICYCLE AND PEDESTRIAN PRIORITIES PLAN
APPLICATION SUMMARY
Request:
To amend the 2016 New Hanover County Comprehensive Plan (PlanNHC) to incorporate a
Bicycle and Pedestrian Priorities Plan.
Applicant: Subject Document:
New Hanover County Comprehensive Plan (2016)
Purpose & Intent:
Adopt a Bicycle and Pedestrian Priorities Plan by amending the 2016 NHC Comprehensive
Plan that will achieve the following:
• Formalize Board of Commissioners policy direction to include bicycle and pedestrian
easements along Carolina Beach Road in new development projects.
• Adopt a bicycle and pedestrian plan to articulate prioritized projects identified through past
planning efforts for eligibility for state and federal funding through the Wilmington Urban
Area Metropolitan Planning Organization’s (WMPO) Metropolitan Transportation Plan
(MTP).
• Provide clarity for both applicants and the public of the desire to add additional bicycle
and pedestrian infrastructure within New Hanover County.
BACKGROUND
In 2016 New Hanover County adopted its first Comprehensive Plan, Plan NHC. The plan aimed to
prepare for future growth, with an eye towards affordability and supporting business success while
making more efficient use of land and preserving and protecting our natural resources. This vision
which remains today has helped maintain a high level of quality for our community. While many of
the major goals of the plan have been achieved, the needs of the community have changed leading
to the need to update the comprehensive plan.
As part of the update to the comprehensive plan the county recognized the need for additional
support to increase its efforts in providing transportation infrastructure, specifically bicycle and
pedestrian infrastructure. Currently New Hanover County has been using multiple approaches to
design and construct infrastructure such as multi-use paths, sidewalks and bike lanes. Over the past
several years the county has vetted and identified priority bicycle and pedestrian projects in various
initiatives such as the county’s capital improvement plan and the 2022 sales tax referendum. New
Hanover County is needing an adopted plan to clearly articulate the projects from past initiatives
as well formalize policy direction to where it is desired to have bicycle and pedestrian easements.
This will provide clarity to both applicants and the public during the development review process.
In addition, an adopted plan articulates the desire to have identified projects eligible for state and
federal funding sources through the Wilmington Urban Area Metropolitan Planning Organization’s
(WMPO) Metropolitan Transportation Plan (MTP).
Planning Board - May 2, 2024
ITEM: 6 - 2 - 1
The Bicycle and Pedestrian Priorities Plan also supports the goals as outlined in the 2024-2028
NHC Strategic Plan outlined Community Based Outcomes with Strategic Objectives and measurable
targets, and the provision of a means for supportive housing is consistent with the following outcomes
and objectives:
PLANNING BOARD CONCEPTUAL PRESENTATION
The Planning Board heard the first presentation about the Bicycle and Pedestrian Priorities Plan at
their February 1, 2024 meeting. At that meeting, the Planning Board suggested additional
segments be included in the plan.
Staff then presented the concept for the public comment draft at their March 7, 2024 meeting in
which the Planning Board had no additional comments.
PUBLIC COMMENT
The public comment period for the draft was available from April 5 – April 22. In general, there
were no objections to the draft amendment only overall support including support of the
proposed projects as presented. Additional feedback included concerns about overall safety and
the addition of safety elements such as crosswalks. These safety elements or safe havens are
already included in Goal VIII of the existing comprehensive plan. In addition to comments staff
also received two letters of support, one from the Cape Fear Cyclists and the other from the Terry
Benjey Foundation.
PROPOSED AMENDMENT
Staff’s proposed text amendment is attached, with red italics indicating new language.
Planning Board - May 2, 2024
ITEM: 6 - 2 - 2
STAFF RECOMMENDATION
Staff recommends approval of the attached amendment and suggests the following motion:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover
County Comprehensive Plan to add the Bicycle and Pedestrian Priorities Plan that includes
new strategies and guidelines found in Chapter 5 Building the Future. I find it to be
CONSISTENT with the purpose and intent of the Comprehensive Plan because it broadens
existing goals and guidelines promoting the desire to have more bicycle and pedestrian
infrastructure in the county. I also find RECOMMENDING APPROVAL of the proposed
amendment reasonable and in the public interest because it articulates identified priority
bicycle and pedestrian projects, clarifies where bicycle and pedestrian infrastructure is
desired during the development review process and formalizes policy direction to include
bicycle and pedestrian easements along Carolina Beach Road with new development
projects.
Planning Board - May 2, 2024
ITEM: 6 - 2 - 3
Comprehensive Plan Amendment - Bicycle and Pedestrian Priorities Plan – Public Hearing Draft
PROPOSED AMENDMENT
Chapter 5: Building the Future – Implementation Guidelines – Goal IV
Goal IV: Use public infrastructure improvements to leverage private
investments.
Desired Outcome: Coordinated efforts of public and private investment to
maximize improvements.
Implementation Strategies Implementation Guidelines
A. Work with CFPUA on a targeted
long range plan for water and
sewer infrastructure.
Guidelines are not part of this strategy.
B. Work with MPO on a targeted
long range plan for
transportation infrastructure.
IV.B.1 Coordinate with NC DOT, WMPO, and
property owners to complete a collector street
network plan for unincorporated areas.
IV.B.2 Encourage driveway standards to promote
better traffic flow in the county.
IV.B.3 Continue to require street connectivity and
discourage cul-de-sacs and gated communities
that impede connectivity and emergency
response.
IV.B.4 Adopt and implement a Bicycle and
Pedestrian plan that identifies a network of
bicycle and pedestrian facilities and prioritizes
the location and preferred type of facility.
C. Consider revising zoning
ordinances to support mixed
uses and holistic approach to
development.
IV.C.1 Encourage new development to consider
allocation of space for new community services
such as fire stations, schools, libraries, and
museums.
IV.C.2 Encourage public investments to consider
locating near existing communities.
D. Consider strategies to
encourage increased private
sector investment in the
provision of infrastructure.
Guidelines are not part of this strategy.
Planning Board - May 2, 2024
ITEM: 6 - 3 - 1
Comprehensive Plan Amendment - Bicycle and Pedestrian Priorities Plan – Public Hearing Draft
Chapter 5: Building the Future – Implementation Guidelines – Goal VIII
Goal VIII: Integrate multi-modal transportation into mixed land uses that
encourage safe, walkable communities.
Desired Outcome: A community with a mixture of land uses that allows for individuals to perform
daily tasks without the use of an automobile. A community where individuals can safely walk,
bike, and access transit.
Implementation Strategies Implementation Guidelines
E. Encourage provision of transit
supportive land uses and infrastructure
where appropriate.
VIII.E.1 Encourage pedestrian, bicycle, and public
transportation circulation networks and the
inclusion of infrastructure considerations (such
as cross walks, bike lanes, shelters, pedestrian
islands, and others that promote safe havens for
alternative transportation).
VIII.E.2 Concentrate development in nodes and
high growth areas depicted on the Future Land
Use Map to ultimately produce densities that
can support multi modal transportation and
Transit Oriented Development.
VIII.E.3 Provide alternatives to automobile
transportation by encouraging new
development, redevelopment, and
transportation improvements to include
provisions for a network of bicycle and
pedestrian facilities, including pedestrian
causeways, bridges, and crossings on collector
streets and major arterials.
VIII.E.4 Require new development and/or rezoned
property adjacent to Carolina Beach Road to
dedicate a 20’ (foot) easement parallel to
Carolina Beach Road for the inclusion of multi-
use paths.
Planning Board - May 2, 2024
ITEM: 6 - 3 - 2
Comprehensive Plan Amendment - Bicycle and Pedestrian Priorities Plan – Public Hearing Draft
Appendix:
Planning Board - May 2, 2024
ITEM: 6 - 3 - 3
Comprehensive Plan Amendment - Bicycle and Pedestrian Priorities Plan – Public Hearing Draft
Appendix:
Planning Board - May 2, 2024
ITEM: 6 - 3 - 4
Comprehensive Plan Amendment - Bicycle and Pedestrian Priorities Plan – Public Hearing Draft
Appendix:
Planning Board - May 2, 2024
ITEM: 6 - 3 - 5
Public Comments: Bicycle and Pedestrian Priorities Plan
Payne Morgan: 4/7/2024
Hi Dylan,
Thank you for all the work you do on bicycle and pedestrian access in New Hanover County. My
name is Payne Morgan, and I reside in Kaylie's Kove, a neighborhood right off of Piner Road in
southern New Hanover County. I wanted to submit a public comment supporting the prioritization
of adding a 10' path along Piner Road to Monkey Junction. I think this would be an ideal area for a
path for safety, social equity, and recreational reasons. From a safety standpoint, Piner Road
receives so much traffic from the Middle School and our neighborhoods that walking on the road is
quiet. dangerous. However, residents of the lower-income housing along Piner Road frequently do
so anyway as public transport does not serve this side of Myrtle Grove and they still need to access
the shopping of Monkey Junction. By adding a 10' path these residents could more safely walk
along Piner Road, and ideally some of the vehicular traffic could be mitigated. I personally would
love the ability to not drive for every trip I need to make to Monkey Junction and take my bike along a
small path to leave the neighborhood. As this part of the county continues to grow, I think this
would really help make Piner Road a safer and more livable part of the county.
Good luck with the plan and I'd love to see this path added at some point in the future!
Best regards,
Payne
Eileen McConville: 4/9/2024
Hi Dylan,
I am president of the Terry Benjey Bicycling Foundation and a board member with Cape Fear
Cyclists.
I have the link to the proposed NHC Bicycle Pedestrian infrastructure plan and I see it is open to
public comment until April 22. Are you looking for people to send you emails telling you what we
think or is there a survey I can share with members?
With several current feasibility studies, there are attached surveys for people to vote on different
priorities. We aim to get our members involved, but I’m not certain how we can best let you know
we basically want ALL the paths you outline on the maps.
We are happy to support you through advocacy to the Commissioners and/or the WMPO Board. We
work closely with NCDOT and will advocate there as well. If I can get a better idea of what you’re
Planning Board - May 2, 2024
ITEM: 6 - 4 - 1
looking for, we can rally some emails or input your way. Cape Fear Cyclists is a 400-member
organization, so getting their support can be helpful. TBBF is a safety/education and advocacy
group, and we have positive working relationships with many of our community leaders.
Let me know what we can do to help
Sincerely,
Eileen McConville
910.617.2128
Lani Hashimoto: 4/9/2024
Thank you for the opportunity to comment. I wish to support the priority for mixed use paved lanes
on the south side of the county. On Masonboro Loop, how would this lane be continued over
Whiskey Creek? Without a safe path, the connections to retail or city paths are not available.
The connections between Masonboro & College are great news though I hope they will remain
separate lanes too.
Would a back way into the new Hanover Pines Park be contemplated?
Kind regards,
-L
Michael MacNair: 4/12/2024
I love the plan and am grateful that it's moving forward. My comments are mostly about
approach versus any specific changes to the plans to install paths. I'd just ask that you
consider where people will likely ride based on growth and attractions. Downtown and beaches.
How do we get people there safely? They are going anyway.
Purpose: I think it's good to have in this document a reminder of why this is all being done. Some of
the reasons why are here, but there are many benefits to include transportation that is: safe for all
(cars, bikes, ebikes, walkers, runners, baby joggers, people with dogs, skateboards, kids and adults
alike....). These plans are often looked at as having a benefit to a small crowd for limited benefit.
Not true. We are also an active city that hosts an ironman and other sport activities and our
infrastructure should continue to improve to be an example. T
Planning Board - May 2, 2024
ITEM: 6 - 4 - 2
Strategy: I still often see a rather small sidewalk added when new development occurs in the area.
I'd like to see a policy whereby we always recognize that an ever increasing amount of taxpayers
will need to share and use these paths for all the reasons I shared above. A sidewalk basically only
covers walkers. Let's use the space wisely for all "other than car" traffic. I have also seen how
municipalities in Europe use these paths for better water management also by making sure they
are made to direct water to drains and many are using pervious pavement that is better for the
environment. Lastly, as cities grow they use these paths to get supplies and materials to the last
mile in condensed areas. This could also be a possibility..So making sure the approach articulates
a bigger opportunity for more people and considers these opportunities would seem more useful.
Lastly, I'm not sure what we ask developers to contribute and do to make this happen but it seems
like it's not enough.
Cleanup: The most dangerous thing about our current infrastructure is that it starts and stops
often. you are fine and then you are not. Addressing this and cleaning up places where this is
dangerous should also be a consideration.
Thanks for all your hard work. I'm not saying none of this is being done, I'm just sharing how we can
tighten the focus and make the progress even better. I'm grateful for where things are going!
Michael MacNair
Chief Engagement Officer, Go MacNair Advisory Company LLC
Independent Travel Advisor, Altour. Let me help create your dream trip portfolio.
Mobile (703) 402-2585
Adam Brown 4/16/2024
Hi,
My comments on the proposed Bike/ Pedestrian Plan are as follows:
Bike paths running along Carolina Beach Road are currently underutilized. The bike paths
are within 30 feet of traffic along a highway with traffic travelling between 45-55 mph. In
addition, there are numerous breaks in access so the opportunities for conflicts between
vehicular traffic at speed and bike/ pedestrian traffic are exceptionally high. I strongly
support bike/pedestrian options but they need to be sufficiently distanced from fast
vehicular traffic and avoid conflicts with vehicles. To be blunt, existing bicycle
infrastructure in New Hanover County along Carolina Beach Road looks like a death trap
for cyclists and pedestrians and not surprisingly New Hanover County seems to suffer from
a high number of pedestrian and bicycle fatalities relative to the number of people who use
those modes of transportation.
Planning Board - May 2, 2024
ITEM: 6 - 4 - 3
My second comment is that physical barriers, like curbs and guardrails should separate
bike/pedestrian facilities from vehicular traffic. There is a portion of roadway in North New
Hanover County, where a large sidewalk is on the side of the road and a guardrail is on the
other side of the sidewalk. This means that, in the event a vehicle left the road it could
impact pedestrians on the sidewalk prior to being re-directed by guardrail to avoid a ditch.
This "planning" reflects an obsolete view that values traffic's right to self-rescue prior to
hitting a guardrail over the lives of pedestrians and cyclists.
Thanks,
Adam Brown
adambrownt5@gmail.com
573-647-6137
Randy 4/18/2024
Hello Mr McDonnell,
Thank you for inviting public comment. I’m an avid cyclist and dream about the day that Wilmington
becomes safer for pedestrians and bikers. I’ve cycled in Raleigh, Augusta and Savannah and was amazed
how multi-modal transportation was ingrained in the infrastructure. Cycling in all these cities was joyful.
I feel that Wilmington has not kept pace with its booming growth, resulting in a car-centric environment,
lack of green space and dangerous streets/intersections. For example, the Market St/Business 17
repaving all the way past Ogden did not include pedestrian/bike paths or sidewalks. I feel bad for cyclists
living at Porter’s Neck and beyond with no safe roads to use.
I’ve attached an instance of this inherent danger – 17th St and Peel.
Just a few of my suggestions…
Add sharrows and green bike shared lane to Snow’s Cut Bridge. Are there any plans to make this bridge
safer for cyclists? I understand a cyclist was struck and killed on this bridge a few years ago. I used to
cross this bridge, but value my life.
Planning Board - May 2, 2024
ITEM: 6 - 4 - 4
Improve the Gary Shell Cross City Trail: signage is really poor at best. This is Wilmington’s jewel for
walkers/bikers. Wayfinding and color signage would really help. Have you seen the signage for the
network of trails in Raleigh? All color-coded with wayfinding signage.
Question: how does the City of Wilmington work with New Hanover when coordinating these
improvements?
Thanks again for all your support!
Randy
Randy 4/19/2024
Hello Mr McDonnell,
Here’s an example of adding sharrows to Snow’s Cut Bridge…this would add some level of safety to
cyclists.
I would love your thoughts!
Randy
Planning Board - May 2, 2024
ITEM: 6 - 4 - 5
In 2017, Megan McClellan, 20, was hit and
killed by a tractor-trailer while cycling.
Since then, very little has been done to
improve safety at this intersection.
No signage to alert cyclists/pedestrians.
ex: Stop sign or watch for traffic sign.
17th and Peel Street Crossing
Corner is overgrown with bushes,
restricting line of sight. This entire corner
should be cleared of all obstructions - all
the way to the white bike.
No signage to yield to cyclists/pedestrians.
No signage to yield to ped/cyclists.
Corner is overgrown with bushes,
restricting line of sight.
No signage to yield to ped/cyclists.
Crosswalk is faded and should be repainted
with green walkway and white lines
to improve visibility.
Planning Board - May 2, 2024
ITEM: 6 - 4 - 6
Planning Board - May 2, 2024
ITEM: 6 - 4 - 7
April 16, 2024
Dylan McDonnell
NHC Long Range Planner
230 Government Center Dr
Wilmington, NC 28403
Dear Dylan:
The Terry Benjey Bicycling Foundation was formed in 2013 and aims to improve bicycling
opportunities and safety in the Cape Fear Region of North Carolina. Our board supports
New Hanover County’s Bicycle and Pedestrian Priorities Plan. We particularly applaud the
priority to “Formalize Board of Commissioners policy direction to include bicycle and
pedestrian easements along Carolina Beach Road in new development projects.” This
rapidly growing corridor leads to the popular bicycling routes on Pleasure Island, and we
must make Carolina Beach Road navigable for alternative transportation. Creating a safe
route on this busy corridor will give residents an opportunity to use bicycles to shop, go to
work or visit a restaurant.
Regarding the proposed bicycle and pedestrian paths in the Northern Sector of the County,
we particularly support the creation of a safe cycling route along Sidbury Road. Cyclists
have enjoyed riding on Sidbury Road as a connector to Castle Hayne and Rocky Point.
Unfortunately, the speed with which traffic travels on Sidbury has made this a dangerous
route for bicyclists and an impossibility for pedestrians. All the routes planned in the
northern sector have our full support. We are confident these safer routes will be embraced
by the existing bicycling community and will also be appreciated by the thousands of
residents who will be moving into the new developments currently under construction.
In the Southern Sector of the County, in addition to supporting easements for new
developments along Carolina Beach Road, the Masonboro and Mrytle Grove Roads paths
are particularly exciting. These routes are popular for residents, but dangerous as they
stand today. Residents will be able to use this path to get to school, restaurants and shops.
Planning Board - May 2, 2024
ITEM: 6 - 4 - 8
As New Hanover County continues to grow, it is imperative that we identify ways to
decrease automotive traffic and increase healthy outdoor activities. If any member of the
Terry Benjey Bicycling Foundation Board can help with these projects, please let us know.
We fully support this plan.
Sincerely,
Eileen McConville
Eileen McConville
President
Terry Benjey Bicycling Foundation
Planning Board - May 2, 2024
ITEM: 6 - 4 - 9