BOC Decision Letter 5-2-2023NEW HANOVER COUNTY
PLANNING & LAND USE
230 Government Center Drive, Suite 110, Wilmington, NC 28403
P: (910) 798-7165 1 F: (910) 798-7053 1 NHCgov.com
Rebekah Roth, Director
May 2, 2023
Mr. James Yopp
River Road Construction, LLC
7150 River Road
Wilmington, NC 28412
Via email: iames@rockfordpartners.net
Mr. Yopp,
This letter is to inform you that at their May 1, 2023 regular meeting the Board of Commissioners
approved (4-1) a motion to deny the following conditional rezoning application:
Rezoning Request (Z23-031 — 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. This item
was continued from the April 3, 2023 meeting.
Section 10.2.10.F of the Unified Development Ordinance states that if a rezoning application is denied, no
application proposing the same or similar development can be submitted within a year of the denial unless
the new project meets one of the following criteria as determined by the Planning Director:
• There has been a substantial change in the circumstances relevant to the issues or facts
considered during review of the prior application that might reasonably affect the action of the
decision -making body.
• New or additional information is available that was not available at the time of review of the
prior application that might reasonably affect the action of the decision -making body.
• The new application proposed is materially different from the prior application.
• The final decision on the prior application was based on material mistake of fact.
If you have any questions I can be reached by phone at (910) 798-7164 or email at rfarrell@nhcgov.com.
Th nk you,
Robert Farrell, Senior Planner
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