Z23-03 Script BOC
BOARD OF COMMISSIONERS SCRIPT
for Zoning Map Amendment Application (Z23-03)
Request by James Yopp with River Road Construction, LLC and Hoosier Daddy, LLC, applicant and
property owner, to rezone 29 parcels totaling approximately 42.10 acres of land, including 5741
Carolina Beach Road and 18 unaddressed parcels on Shiloh Drive north of Manassas Drive, from R-
15, Residential to (CZD) R-5, Residential Moderate High Density for 10 single-family residential lots
and 327 residential townhomes with associated open space and amenity center.
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 and supporter comments (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on
the Board discussion and items presented during the public hearing, would you like withdraw
your petition 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 APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the proposed density, housing type, and increased
interconnectivity of the project are in line with the recommendations of both the General
Residential and Urban Mixed Use place types and the proposed development acts as an
appropriate transition between existing commercial and residential uses in the area. I also find
APPROVAL of the rezoning request is reasonable and in the public interest because the project
provides interconnectivity and housing diversity at an appropriate density to act as a transition
between existing commercial and residential development.
Proposed Conditions:
1. Attached residential dwellings on the east side of Shiloh Drive shall be sited
perpendicular to neighboring single-family residential lots.
2. The improvements required as part of each phase of the approved 2022 Traffic Impact
Analysis must be completed by the end of the build out year listed in the TIA for each
phase. Planning staff is authorized to accept changes to the timing provided such
changes are approved by NCDOT and the WMPO. While not shown on the proposed
development, the TIA required future third access into the site meeting NCDOT
roadway standards for Phase 2 must be completed by the build out year of 2026
unless otherwise approved by NCDOT and the WMPO.
3. Existing trees shall be retained, or another appropriate traffic prevention measure shall
be established at the eastern terminus of Rosa Parks Drive to prevent vehicular ingress
and egress until such time a written agreement is reached to provide connectivity. An
access easement shall be recorded on the final plat from the edge of pavement to the
property line with Rosa Parks Drive to ensure the possibility of future access.
4. Any portion of the proposed development that utilizes any portion of the existing
stormwater management system for Tarin Woods Subdivision that is not accepted into
the Tarin Woods property owners association, must enter into a stormwater
maintenance agreement with the Tarin Woods property owners association.
Alternative Motion for DENIAL
I move to DENY of the proposed rezoning. I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the proposed density, housing type, and increased
interconnectivity are in line with the recommendations of both the General Residential and
Urban Mixed Use place types and the proposed development acts as an appropriate transition
between existing commercial and residential uses in the area. However, the future NCDOT
improvements at the Monkey Junction intersection were delayed for construction after the
Comprehensive Plan recommendations for this area were adopted. I find DENIAL of the
rezoning request is reasonable and in the public interest because the scale of the project
increases traffic on a major arterial corridor and is not consistent with the desired character of
the surrounding community due to potential impacts to visual aesthetics from the different
housing types and internal traffic on adjacent neighborhood roadways.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] of the proposed rezoning to a CZD RMF-M district. I find it to be
[Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert
reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest
because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________