HomeMy WebLinkAbout08-01-24 PB Agenda PacketNEW HANOVER COUNTY
PLANNING BOARD AGENDA
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301 Wilmington, NC 28401
Members of the Board
Jeffrey P Petroff, Chair |Donna Girardot, Vice-Chair
Paul Boney|Hansen Ma'hews |Jeffrey Stokley Jr. | H. Allen Pope |Colin J. Tarrant
Rebekah Roth, Director| Ken Vafier, Planning Manager
AUGUST 1, 2024 6:00 PM
Call to Order
Pledge of Allegiance
Approval of Minutes
Elec5on of Officers
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substanal changes in these peons as a result of objecons, debate,
and discussion at the meeng, including rezoning to other classificaons.
1 Public Hearing
Rezoning Request (Z24-15) - Request by Brandy Hatcher with Grace Walk Inc, applicant and
property owner, to rezone approximately one acre located at 6760 Carolina Beach Road from the
R-15, Residen5al District to a Condi5onal R-5, Residen5al Moderate-High Density District for four
new single family detached dwelling units.
2 Public Hearing
Rezoning Request (Z24-16) - Request by Cindee Wolf with Design Solu5ons, applicant, on behalf
of Tidewater Investment Company, INC, property owners, to rezone approximately 7.79 acres
located at 5000 N. College Road from the (CZD) CB, Condi5onal Community Business District to
(CZD) B-2, Regional Business for General Retail Sales, Business Service Center, and other limited
uses.
3 Public Hearing
Text Amendment Request (TA24-04)- Request by Cindee Wolf with Design Solu5ons, applicant, to
amend Ar5cle 4 of the Unified Development ordinance to allow the use of Restaurant by-right in
the O&I, Office & Ins5tu5onal District with a limita5on on the maximum square footage of the
use.
4 Announcements
Planning Board - August 1, 2024
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 8/1/2024
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 (Z24-15) - Request by Brandy Hatcher with Grace Walk Inc, applicant and property owner, to
rezone approximately one acre located at 6760 Carolina Beach Road from the R-15, Residen@al District to a
Condi@onal R-5, Residen@al Moderate-High Density District for four new single family detached dwelling units.
BRIEF SUMMARY:
The applicant is reques#ng to rezone approximately 1 acre from the R-15, Residen#al district to the R-5, Residen#al
Moderate-High Density district to accommodate an exis#ng house and four new detached single-family homes.
The applicant is proposing to develop four new residen#al lots as part of a performance residen#al subdivision.
Performance residen#al subdivisions do not have minimum lot size requirements but do require a 20' periphery setback
to adjacent property lines outside the development. The new homes will be accessed by a new paved access road from
Carolina Beach Road. The exis#ng home will use the exis#ng sep#c system. The project also proposes two new sep#c
systems that will be shared by the four new homes. The new homes are proposed to be served by a well on the
southwestern corner of the property.
The R-15 district in this area was established in 1971. 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. Since that #me, some public and
private water and sewer services have become available to the surrounding area; however, the Carolina Beach Road
corridor remains primarily zoned for low density housing.
The R-5 district was established to provide lands that accommodate moderate to high density residen#al development
on smaller lots with a compact and walkable development pa7ern. The R-5 district allows a range of housing types and
can be developed in conjunc#on with a non-residen#al district to create a ver#cal mixed-use development pa7ern as
well as serve as a transi#on between mixed-use or commercial development and low to moderate density residen#al
development.
It is es#mated the site would generate approximately 1 AM and 2 PM peak hour trips if developed under current
zoning. The proposed (CZD) R-5 development is es#mated to generate 4 AM and 5 PM peak hour trips, increasing the
number of peak hour trips by approximately 3 AM and 3 PM.
The proposed project is located along a major arterial highway that is currently nearing capacity. The Carolina Beach
Road – Myrtle Grove Road intersec#on is an important signalized intersec#on in the Carolina Beach Road corridor. The
proposed project’s peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis; however
the TIA for the adjacent convenience store and mul#-family development requires construc#on of a southbound right
turn lane on Carolina Beach Road along the frontage of the subject parcel. To travel north from the site vehicles would
Planning Board - August 1, 2024
ITEM: 1
need to cross three lanes to immediately enter the leA turn lane at Myrtle Grove Road to make a U-turn at the
stoplight. Alterna#vely, vehicles would travel 1,200 feet south to make a U-turn at Hill Valley Walk. The site has an
exis#ng driveway that is proposed to be used by the addi#onal dwelling units.
Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle
School and Ashley High School. Based on a generalized historic genera#on rate, staff would es#mate the increase in
homes would result in approximately 1 addi#onal student than generated under current zoning.
The property is located at the intersec#on of Carolina Beach Road and Myrtle Grove Road, an area experiencing a mix
of commercial and higher density residen#al growth. The trend for recent rezonings and development in this area is
commercial uses adjacent to Carolina Beach Road, with higher-density residen#al to the west.
The 2016 Comprehensive Plan designates this property as Community Mixed Use which focuses on small-scale,
compact, mixed use development pa7erns that serve all modes of travel and act as an a7ractor for county residents
and visitors. Types of appropriate uses include office, retail, mixed use, recrea#onal, commercial, ins#tu#onal, and
mul#-family and single-family residen#al.
The proposed (CZD) R-5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the R-5 is
closer line with the density and housing type recommenda#ons for the Community Mixed Use place type.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
This item was originally scheduled to be heard at the July 11, 2024 Planning Board mee#ng. The applicant requested a
con#nuance to the August 1, 2024 regular mee#ng to allow changes to the concept plan which would reflect a
performance residen#al subdivision. Staff’s recommenda#on is based on the policy guidance of the 2016
Comprehensive Plan, zoning considera#ons and technical review. The site’s constraints limit the type and density of
development, and the proposal does not provide a transi#on from the highway corridor to the west. However, the
proposed (CZD) R-5 zoning district and use are compa#ble with the Community Mixed Use place type.
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 project is in line with the density and housing
type recommenda#ons for the Community Mixed Use place type. I also find
RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public interest because
the project would increase the county’s housing stock.
Staff proposed condi@ons:
1. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach
Road to accommodate future public bicycle and pedestrian use.
2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be
considered a substan#al devia#on from the approved concept plan. Changes to the concept plant to add stormwater
management will require review and approval by the Board of Commissioners through the rezoning public hearing
process
3. A sep#c and well easement approved by New Hanover County Environmental Health shall be recorded with the
Planning Board - August 1, 2024
ITEM: 1
Register of Deeds guaranteeing access and maintenance for the sep#c systems and well and any future improvements.
Environmental Health approval of the sep#c systems and well shall be required prior to issuance of construc#on
permits for the residen#al units.
Alterna@ve Mo@on for DENIAL (if based on informa#on presented at the public hearing or other considera#on
beyond the scope of staff review, the board finds denial appropriate.)
I move to RECOMMEND DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the project is in line with the density and housing
type recommenda#ons for the Community Mixed Use place type, I find RECOMMENDING DENIAL of
the rezoning request is reasonable and in the public interest because the proposal does not provide an
adequate transi#on from the highway corridor to residen#al uses.
ATTACHMENTS:
Descrip#on
Z24-15 Script PB
Z24-15 Staff Report PB
Z24-15 Zoning Map
Z24-15 Future Land Use Map
Z24-15 Mailout Map
Initial Application Cover Sheet
Z24-15 Application
Concept Plan Cover Sheet
Z24-15 Concept Plan
Z24-15 Public Comments Cover Sheet
Z24-15 Public Comments
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - August 1, 2024
ITEM: 1
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z24-15)
Request by Brandy Hatcher with Grace Walk Inc, applicant and property owner, to rezone
approximately one acre located at 6760 Carolina Beach Road from the R-15, Residential District to a
Conditional R-5, Residential Moderate-High Density District for four new single family detached
dwelling units.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5
minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based
on the Board discussion and items presented during the public hearing, would you like
withdraw your petition, request a continuance, or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change is,
or is not, consistent with the land use plan and why approval or denial of the rezoning
request is reasonable and in the public interest.
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 project is in line with
the density and housing type recommendations for the Community Mixed Use place type. I
also find RECOMMENDING APPROVAL of the rezoning request is reasonable and in the
public interest because the project would increase the county’s housing stock.
Staff proposed conditions:
1. A minimum 20-foot-wide public access easement shall be provided along the frontage
parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian
use.
2. Increases to the impervious surface that will trigger the requirement of a stormwater
management system will be considered a substantial deviation from the approved
concept plan. Changes to the concept plant to add stormwater management will require
Planning Board - August 1, 2024
ITEM: 1 - 1 - 1
review and approval by the Board of Commissioners through the rezoning public hearing
process.
3. A septic and well easement approved by New Hanover County Environmental Health
shall be recorded with the Register of Deeds guaranteeing access and maintenance for
the septic systems and well and any future improvements. Environmental Health
approval of the septic systems and well shall be required prior to issuance of construction
permits for the residential units.
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 project is in line with
the density and housing type recommendations for the Community Mixed Use place type, I
find RECOMMENDING DENIAL of the rezoning request is reasonable and in the public
interest because the proposal does not provide an adequate transition from the highway
corridor to residential uses.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a conditional R-5
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 - August 1, 2024
ITEM: 1 - 1 - 2
Z24-15 Staff Report PB 7.11.2024 Page 1 of 15
STAFF REPORT FOR Z24-15
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z24-15
Request:
Rezoning to a Conditional R-5 district
Applicant: Property Owner(s):
Brandy Hatcher Brandy Hatcher & John Blackburn
Location: Acreage:
6760 Carolina Beach Road 1 acre
PID(s): Comp Plan Place Type:
R08200-001-027-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
1 single-family residence 5 detached single-family residences
Current Zoning: Proposed Zoning:
R-15, Residential (CZD) R-5, Residential Moderate High-
Density
SURROUNDING AREA
LAND USE ZONING
North Residential (Mobile Home Park) R-15
East Convenience Store with Fuel Sales (across Carolina
Beach Road) R-15
South Future Convenience Store with Fuel Sales & Multi-
Family Development Amenity Area (CZD) B-2 & (CZD) RMF-M
West Future Multi-Family Development (CZD) RMF-M
Planning Board - August 1, 2024
ITEM: 1 - 2 - 1
Z24-15 Staff Report PB 7.11.2024 Page 2 of 15
ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 4)
COMMUNITY SERVICES
Water/Sewer
Public water and sewer services are not currently available through CFPUA.
The project proposes private well and septic utilities which require review
and approval through New Hanover County Environmental Health. Public
water and private sewer utilities through Aqua and CFPUA may become
available in the future with utility extensions from neighboring development.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Federal Point Station
Schools Anderson Elementary, Murray Middle, and Ashley High Schools
Recreation Veterans Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
Conservation resource maps indicate pocosin wetlands may exist on the
property. Pocosin conservation requirements do not apply to sites less than
5 acres in size.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - August 1, 2024
ITEM: 1 - 2 - 2
Z24-15 Staff Report PB 7.11.2024 Page 3 of 15
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Full Concept Plan
Close-Up of Applicant’s Concept Plan - Includes Staff Markups
• The applicant is proposing to develop five residential lots to accommodate an existing house
and four new detached single-family homes on the rear 2/3 acre portion of the site.
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Existing Single-
Family Home
Existing
Septic
Proposed Well
Proposed Septic
System
Proposed Single-
Family Dwellings
Planning Board - August 1, 2024
ITEM: 1 - 2 - 3
Z24-15 Staff Report PB 7.11.2024 Page 4 of 15
• The applicant’s concept plan intends for this to be a performance residential subdivision,
which does not require minimum lot sizes to allow for the clustering of residential units.
• Performance residential subdivisions do not have minimum lot size requirements but do
require a 20’ periphery setback from adjacent property lines outside of the development.
• The new lots will be accessed by a new paved access road from Carolina Beach Road.
• The access road primarily runs along the southern property line which will be parallel with
the transitional buffer and site access of an adjacent commercial and multi-family
development.
• Public water and sewer are not currently available to the site. Public water is located on
the eastern side of Carolina Beach Road. The adjacent convenience store under
development to the south proposes to extend public water; however, if homes are
developed before the water is extended, the proposed homes will not be required to
connect to the utility.
• There are no public sewer utilities in the area. Private sewer utilities through Aqua may be
available in the future through utility extensions to serve the convenience store. The existing
home will use the existing septic system, the project also proposes two new septic systems
that will be shared by the four new homes.
• A condition has been included guaranteeing shared access and maintenance easements for
the septic tanks and well.
• Under the proposed R-5 zoning district, buildings have a maximum height of 40 feet.
ZONING CONSIDERATIONS
• The R-15 district in this area was established in 1971. At the time, the purpose of the R-15
district was to ensure that housing served by private septic and wells would be developed
at low densities. Since that time, some public and private water and sewer services have
become available to the surrounding area; however, the Carolina Beach Road corridor
remains primarily zoned for low density housing.
• As currently zoned, the subject site would allow a maximum of 2 dwelling units.
• While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest
in higher density residential development such as the RMF-M zoning district approved for a
new convenience store and multi-family dwellings immediately to the south.
• The R-5 district was established to provide lands that accommodate moderate to high
density residential development on smaller lots with a compact and walkable development
pattern. The R-5 district allows a range of housing types and can be developed in
conjunction with a non-residential district to create a vertical mixed-use development pattern
as well as serve as a transition between mixed-use or commercial development and low to
moderate density residential development.
• The development would only be taking up approximately 2/3 of an acre of the site, totaling
30,000 square feet. Performance residential developments require 20% of the site be set
aside as open space, in this case a minimum of 6,000 square feet would be required. 6,100
Planning Board - August 1, 2024
ITEM: 1 - 2 - 4
Z24-15 Staff Report PB 7.11.2024 Page 5 of 15
square feet is set aside in the area to the north and south of the access road to the
development.
• Transitional buffers are not required for single-family residential developments.
• If approved, the project would be subject to zoning compliance review processes to ensure
full compliance with all ordinance requirements and specific conditions included in the
approval. Only minor deviations from the approved conceptual plan, as defined by the
UDO, would be allowed.
Planning Board - August 1, 2024
ITEM: 1 - 2 - 5
Z24-15 Staff Report PB 7.11.2024 Page 6 of 15
AREA DEVELOPMENTS
Planning Board - August 1, 2024
ITEM: 1 - 2 - 6
Z24-15 Staff Report PB 7.11.2024 Page 7 of 15
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow
a maximum of 2 single-family dwelling units.
PROPOSED ACCESS
Primary Access Carolina Beach Road via a right-in, right-out driveway.
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Carolina Beach Road
Type of Roadway NCDOT major arterial
Planning Board - August 1, 2024
ITEM: 1 - 2 - 7
Z24-15 Staff Report PB 7.11.2024 Page 8 of 15
Roadway Planning Capacity (AADT) 41,369
Latest Traffic Volume (AADT) 36,000
Latest WMPO Point-in-Time County (DT) 38,756
Current Level of Congestion Nearing Capacity
NEARBY NCDOT STIP ROADAWAY PROJECTS
No nearby STIP Projects
TRAFFIC GENERATION
Traffic
Generated by
Present
Designation
Traffic Generated
by Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 1 4 +3
PM Peak Hour Trips 2 5 +3
TRAFFIC IMPACT ANALYSIS (TIA)
The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the
ordinance requirement for a Traffic Impact Analysis (TIA).
SUMMARY
The proposed project is located along a major arterial highway that is currently nearing capacity.
The Carolina Beach Road – Myrtle Grove Road intersection is an important signalized intersection in
the Carolina Beach Road corridor. The proposed project’s peak hour traffic is below the 100 peak
hour threshold requiring a traffic impact analysis, however the TIA for the adjacent convenience store
and multi-family development requires construction of a southbound right turn lane on Carolina Beach
Road along the frontage of the subject parcel. To travel north from the site vehicles would need to
cross three lanes to immediately enter the left turn lane at Myrtle Grove Road to make a U-turn at
the stoplight. Alternatively, vehicles would travel 1,200 feet south to make a U-turn at Hill Valley
Walk. The site has an existing driveway that is proposed to be used by the additional dwelling units.
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or the Special Flood Hazard Area.
• The property is within the Lord’s Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability,
approximately 85% of the site consists of Class I (Suitable) soils. The remaining 15% at the
rear of the site consists of Class III (Severe Limitation) soils. The project proposes to use a
private well and shared septic systems which require review and approval by New Hanover
County Environmental Health.
Planning Board - August 1, 2024
ITEM: 1 - 2 - 8
Z24-15 Staff Report PB 7.11.2024 Page 9 of 15
• While the soils map indicates Class III soils in the vicinity of the westernmost proposed septic
systems, a percolation test approved by Environmental Health will be required prior to
installation of the septic system.
• The proposed site is under the impervious surface threshold that requires a stormwater
management system by New Hanover County Engineering. While a specific stormwater
management system is not required, a drainage plan must be submitted and approved by
county Engineering prior to construction.
OTHER CONSIDERATIONS
Schools
• Students living in the proposed development would be assigned to Anderson Elementary
School, Murray Middle School, and Ashley High School. Students may apply to attend
public magnet, year-round elementary, or specialty high schools.
• A maximum of 2 dwelling units would be permitted under the current R-15 zoning base
density, and 5 units could potentially be developed under the proposed zoning for an
increase of 3 dwelling units.
• Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 1 additional student than would be generated under
current zoning.
• The general student generation rate provides only an estimate of anticipated student yield
as different forms of housing at different price points yield different numbers of students.
• Over the past four years, staff has also seen a decline in the number of students generated
by new development. Between the 2020-2021 school year and the 2023-2024 school
year, total student population decreased by approximately 300 students, while over
11,000 new residential units were constructed.
• The county uses the most current New Hanover County Schools Facilities Needs Study in its
analysis, and it currently shows the student population is anticipated to only grow by
approximately 1,300 students over the next 10 years. However, a more recent New
Hanover County School Facility Utilization Study presented to the School Board in
September 2023 indicates only approximately 400 more students by the 2032-2033
school year, though numbers are anticipated to be higher during certain school years over
the next ten years.
Development Type Intensity Estimated Student Yield
(current general student generation rate) *
Existing Development 1 residential unit Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
Typical Development
Under Current Zoning 2 residential unit Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
Proposed Zoning 5 residential units Approximate** Total: 1
(1 elementary, 0 middle, 0 high)
Planning Board - August 1, 2024
ITEM: 1 - 2 - 9
Z24-15 Staff Report PB 7.11.2024 Page 10 of 15
*The current general student generation rate was calculated by dividing the New Hanover County public school student
enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an
average of 0.21 public school students (0.10 for elementary, 0.04 for middle, and 0.07 for high) generated per
dwelling unit across New Hanover County. These numbers are updated annually and include students attending out-
of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech.
**Because the student generation rate often results in fractional numbers, all approximate student generation yields
with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are
rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the
approximate total.
• Staff has provided information on existing school capacity to provide a general idea of the
potential impact on public schools, but these numbers do not reflect any future capacity
upgrades.
School Enrollment* and Capacity** (2023-2024 School Year)
*Enrollment is based on the New Hanover County Schools student numbers for the 2023-2024 school year.
**Capacity calculations were determined based on the capacities for the 2023-2024 school year, and funded or
planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools
to the Board of Education in January 2021. This information does not take into account flexible scheduling that may
be available in high school settings, which can reduce the portion of the student body on campus at any one time.
• The 2021 facility needs survey prepared by Schools staff indicates that, based on NC
Department of Public Instruction (DPI) student growth projections and school capacity data,
planned facility upgrades, combined with changes to student enrollment patterns, will result
in adequate capacity district wide over the next ten years if facility upgrades are funded.
• The more recent New Hanover County Schools School Facility Utilization Study has been
prepared and was presented to the School Board in September 2023, and it identifies
updated capacity upgrade projects. Those upgrade projects have not been finalized by
the New Hanover County School Board.
Level
Total
NHC
Capacity
School
Enrollment of
Assigned
School
Capacity of
Assigned
School
w/Portables
Capacity of
Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 90% Anderson 603 569 106% None
Middle 88% Murray 896 889 101% None
High 100% Ashley 1910 1900 100.5% None
Planning Board - August 1, 2024
ITEM: 1 - 2 - 10
Z24-15 Staff Report PB 7.11.2024 Page 11 of 15
New Hanover County Strategic Plan
On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-
2028. This plan focuses on three core areas: workforce and economic development, community
safety and well-being, and sustainable land use and environmental stewardship.
Strategic Plan Outcomes Relevant to
Proposal Analysis
Through planned growth and development,
residents have access to their basic needs.
The strategic objective to achieve this desired
outcome includes the provision of a variety of
housing options. The proposed (CZD) R-5 rezoning
will provide new attached single-family homes in
an area of the county that is largely single-family,
detached and can aid in achieving the target of
increasing the housing supply to a level of one
residential unit per every two residents.
Natural areas and critical environmental features
are enhanced and protected.
Performance subdivisions are required to retain a
minimum 20% open space. The proposed
development will be required to retain
approximately 6,000 square feet of open space on
the site. The concept plan proposes the open
space adjacent to the access road.
Planning Board - August 1, 2024
ITEM: 1 - 2 - 11
Z24-15 Staff Report PB 7.11.2024 Page 12 of 15
Representative Developments
Representative Developments of Single-Family Residences:
Old Cape Cod
Old Cape Cod
Planning Board - August 1, 2024
ITEM: 1 - 2 - 12
Z24-15 Staff Report PB 7.11.2024 Page 13 of 15
Context and Compatibility
• The property is located at the intersection of Carolina Beach Road and Myrtle Grove Road,
an area experiencing a mix of commercial and higher density residential growth.
• The trend for recent rezonings and development in this area is commercial uses adjacent to
Carolina Beach Road, with higher-density residential to the west.
• Those projects included two convenience stores with fuel stations, both with denser housing
(attached single-family and multi-family) to the west, and a self-storage facility with multi-
family housing to the west.
• The proposed homes in this development are located closer to the rear of the property,
near the planned amenity center for the multi-family development to the south.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Planning Board - August 1, 2024
ITEM: 1 - 2 - 13
Z24-15 Staff Report PB 7.11.2024 Page 14 of 15
Analysis
The proposed development is at the Carolina Beach Road and Myrtle
Grove Road intersection, an area experiencing a mix of commercial and
higher density residential growth.
This intersection is trending towards commercial development along the
roadway corridor, transitioning to higher density residential with diverse
housing types, including attached single-family and multi-family
development.
The proposed rezoning is for a moderately higher density residential district
that proposes to keep the existing single-family dwelling along Carolina
Beach Road and adds 4 new dwellings which more closely resembles
existing single-family detached development patterns in the area.
While the R-5 district is considered a Moderate-High density zoning district,
5 dwelling units per acre is below the maximum density allowed under
performance residential development and while within the recommended
range, is a third of the maximum recommended density of the Community
Mixed Use place type.
Though staff would have preferred a transition of commercial use to the
planned higher-density residential to the west, the dimensions of the site
and lack of available utilities limit the potential scope of development on
the parcel.
Additional conditions related to pedestrian easements along Carolina Beach
Road increase walkability for the immediate area.
Consistency
Recommendation
The proposed (CZD) R-5 rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the R-5 is closer in line than current R-15
zoning with the density and housing type recommendations for the
Community Mixed Use place type.
Planning Board - August 1, 2024
ITEM: 1 - 2 - 14
Z24-15 Staff Report PB 7.11.2024 Page 15 of 15
STAFF RECOMMENDATION
This item was originally scheduled to be heard at the July 11, 2024 Planning Board meeting. The
applicant requested a continuance to the August 1, 2024 regular meeting to allow changes to the
concept plan which would reflect a performance residential subdivision. Staff’s recommendation is
based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations and technical
review. The site’s constraints limit the type and density of development, and the proposal does not
provide a transition from the highway corridor to the west. However, the proposed (CZD) R-5 zoning
district and use are compatible with the Community Mixed Use place type.
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
project is in line with the density and housing type recommendations for the Community
Mixed Use place type. I also find recommending APPROVAL of the rezoning request
is reasonable and in the public interest because the project would increase the county’s
housing stock.
Staff proposed conditions:
1. A minimum 20-foot-wide public access easement shall be provided along the
frontage parallel with Carolina Beach Road to accommodate future public bicycle
and pedestrian use.
2. Increases to the impervious surface that will trigger the requirement of a stormwater
management system will be considered a substantial deviation from the approved
concept plan. Changes to the concept plant to add stormwater management will
require review and approval by the Board of Commissioners through the rezoning
public hearing process.
3. A septic and well easement approved by New Hanover County Environmental
Health shall be recorded with the Register of Deeds guaranteeing access and
maintenance for the septic systems and well and any future improvements.
Environmental Health approval of the septic systems and well shall be required
prior to issuance of construction permits for the residential units.
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
project is in line with the density and housing type recommendations for the Community
Mixed Use place type, I find recommending DENIAL of the rezoning request is
reasonable and in the public interest because the proposal does not provide an
adequate transition from the highway corridor to residential uses.
Planning Board - August 1, 2024
ITEM: 1 - 2 - 15
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Site
(CZD) R-5R-156760 Carolina Beach RdZ24-15
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:
Zoning
B-1
I-2
R-5
R-10
R-15
RMF-M
CZD
Z24-15
Planning Board - August 1, 2024
ITEM: 1 - 3 - 1
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Site
(CZD) R-5R-156760 Carolina Beach RdZ24-15
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:
Future Land Use
GENERAL RESIDENTIAL
COMMUNITY MIXED USE
CONSERVATION
Z24-15
Planning Board - August 1, 2024
ITEM: 1 - 4 - 1
New Hanover County NC
Site
(CZD) R-5R-156760 Carolina Beach RdZ24-15
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:
Nearby Properties
Z24-15
Parcels within 510 feet
Planning Board - August 1, 2024
ITEM: 1 - 5 - 1
Initial Application
Documents & Materials
Planning Board - August 1, 2024
ITEM: 1 - 6 - 1
Planning Board - August 1, 2024
ITEM: 1 - 7 - 1
Planning Board - August 1, 2024
ITEM: 1 - 7 - 2
Planning Board - August 1, 2024
ITEM: 1 - 7 - 3
Planning Board - August 1, 2024
ITEM: 1 - 7 - 4
Planning Board - August 1, 2024
ITEM: 1 - 7 - 5
Planning Board - August 1, 2024
ITEM: 1 - 7 - 6
Planning Board - August 1, 2024
ITEM: 1 - 7 - 7
Planning Board - August 1, 2024
ITEM: 1 - 7 - 8
Planning Board - August 1, 2024
ITEM: 1 - 7 - 9
Planning Board - August 1, 2024
ITEM: 1 - 7 - 10
Rezoning meeting: 4/19/24
Community meeting summary,
The meeting was at the Best Western in Monkey Junction 4/19/24. In their meeting room.
There was one gentleman who attended and was a landowner that asked about the use.
Of the rezoning.
He was happy with the proposal and looking forward to changes.
Had a lady came in and was quiet and just listened.
Meeting was an hour and went well.
Planning Board - August 1, 2024
ITEM: 1 - 7 - 11
Conceptual Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
• Proposed use of land, building areas and other improvements
Answer- R-5 Site map attached.
• For residential uses, include the maximum number, height, and type.
Answer- R-5 permit allows 8 units per acre. 25feet maximum height, single-family
units.
• subdivision boundaries
Answer- road in and same road out, will have spaces for traffic to move off.
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.
No wetlands.
• A narrative of the existing vegetation on the subject site including the approximate
Answer-The tree will be in the center of the front yard DBH 4.4’ expected 4’ Red Maple
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.
A- Land drains very well, less than an acre developing.
• Approximate location of regulated wetlands.
A- Flood maps of NHC do not show any wetlands.
Planning Board - August 1, 2024
ITEM: 1 - 7 - 12
Concept Plan
Planning Board - August 1, 2024
ITEM: 1 - 8 - 1
CAROLINA BRACH RD.
540.00'
35'' FRONT SETBACK
IPF
85.00'
540.00'
GARAGE 28X56
10' SIDE SETBACK
10' SIDE SETBACK
67.00'
85.00'
WELL
SEPTIC
HOUSE 28X29
14' WIDE ASPHALT
EXISTING
EXISTING
OPEN SPACE
14' WIDE ASPHALT
APPROX ROAD
LOCATION
APPROX ROAD LOCATION
16' X 20'
PARKING
5' DECK
16' X 30' HOUSE20.00'
20.00'
20.00'
16' X 20'
PARKING
5' DECK
16' X 30' HOUSE20.00'
20.00'
20.00'
16' X 20'
PARKING
5' DECK
16' X 30' HOUSE
20.00'
20.00'
20.00'
16' X 20'
PARKING
5' DECK
16' X 30' HOUSE20.00'
20.00'
20.00'
SEPTIC
16' X 50'
TURN
AROUND
SITE PLAN
JOE BLACK
SHEET:
SCALE:
6760 CAROLINA BEACH RD.
WILMINGTON, N.C. 28409
DRAWINGS PROVIDED BY:
DATE:
PROJECT DESCRIPTION:
SHEET TITLE:
A-1
7/11/2024
SITE PLAN
11 SCALE: 1" = 20.0'
Planning Board - August 1, 2024
ITEM: 1 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 2
Planning Board - August 1, 2024
ITEM: 1 - 10 - 1
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Wednesday, July 17, 2024 11:06 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss,
Amy; Dickerson, Zachary; lott@nhcgov.com
Subject:Online Form Submission #12311 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 Carol
Last Name Sibley
Address 4210 Pine Hollow Dr.
City Wilmington
State NC
Zip Code 28412
Email medwrite@ec.rr.com
Please select the case
for comment.
PB Meeting - Z24-15 - Carolina Beach Road 5 Lot Residential
What is the nature of
your comment?
Oppose project
Public Comment Aug 1 meeting, rezoning request Z24-15 CB road:
Vacant parcels along Carolina Beach read are being developed
at an alarming rate. Every commissioner should drive down CB
road at different times. Even in the early afternoon, traffic is
dense and backs up at each traffic light. We are going to lose
every bit of green space in the County if development
continues at the present rate!
Planning Board - August 1, 2024
ITEM: 1 - 11 - 1
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Sunday, July 21, 2024 2:25 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss,
Amy; Dickerson, Zachary; lott@nhcgov.com
Subject:Online Form Submission #12409 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 Krista
Last Name Smith
Address 6701 Dorrington Dr
City Wilmington
State NC
Zip Code 28412
Email Kjgreen2@gmail.com
Please select the case
for comment.
PB Meeting - Z24-15 - Carolina Beach Road 5 Lot Residential
What is the nature of
your comment?
Oppose project
Public Comment Adding this neighborhood is going to cause even more of a
traffic issue as well as decrease the value of our homes.
Upload supporting files
If you need to support your comment with documentation, upload the files here. No
more than 20MB in size total for all files. File types accepted are: doc, docx, ppt,
pptx, txt, pdf, jpg, png.
Planning Board - August 1, 2024
ITEM: 1 - 11 - 2
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 8/1/2024
Regular
DEPARTMENT: Planning PRESENTER(S): Amy Doss, Associate Planner - Development Review
CONTACT(S): Amy Doss; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land
Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z24-16) - Request by Cindee Wolf with Design Solu9ons, applicant, on behalf of Tidewater
Investment Company, INC, property owners, to rezone approximately 7.79 acres located at 5000 N. College Road
from the (CZD) CB, Condi9onal Community Business District to (CZD) B-2, Regional Business for General Retail
Sales, Business Service Center, and other limited uses.
BRIEF SUMMARY:
A condi#onal rezoning to CB, Community Business, was approved for this site by the Board of Commissioners at their
June 6, 2022 regular mee#ng. The concept plan approved at the #me included 23 pickleball courts, a sand lot for beach
volleyball, plus an 8,000 SF structure for a clubhouse and restaurant.
This request is for a rezoning from the exis#ng (CZD) CB district to a (CZD) B-2, Regional Business district for a
commerce park. The applicant is proposing a new concept plan to construct a total of 36,900 SF for use as retail and
flex space. The proposed conceptual plan includes a total of five commercial buildings, a stormwater pond, associated
parking, a 20' buffer yard on the northern and southern property boundaries, and a 25' buffer yard on the eastern
boundary. The conceptual plan shows a proposed strip retail structure located near the front of the property, and
closest to N College Road, at 3,600 SF for general sales, instruc#onal services and studios, and personal
services. Located behind the retail building are four proposed structures totaling approximately 33,300 SF of flex space
to be used for offices for private and professional ac#vi#es and for contractors.
The purpose of the Community Business (CB) District is to provide lands that accommodate the development, growth,
and con#nued opera#on of businesses that serve surrounding neighborhoods with goods and services.
The purpose of the B-2, Regional Business 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 loca#on and design of auto-oriented uses that meet the needs of the motoring public or
that rely on pass-by traffic.
It is es#mated the site would generate approximately 10 AM and 28 PM peak hour trips if developed under current
zoning. The proposed (CZD) B-2 development is es#mated to generate 61 AM and 80 PM peak hour trips, increasing
the number of peak hour trips by approximately +51 AM and +52 PM.
The es#mated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance
requirement for a TIA.
The site is located south of the intersec#on of College Road and Castle Hayne Road where transi#onal service uses
Planning Board - August 1, 2024
ITEM: 2
and low traffic generators could be appropriate. The proposed district also provides a transi#on from the high-intensity
industrial site across College Road to undeveloped land, adjacent single-family lots to the north, and proposed
moderate density residen#al development in the vicinity of the subject property. Retail components of the proposed
plan are to be located along the N College Road corridor while offices will be more toward the back of the property.
The 2016 Comprehensive Plan classifies the property as Community Mixed Use and General Residen#al, both of which
allow for commercial uses that can support nearby neighborhoods. The Community Mixed Use place type designa#on
encourages a mix of uses, including single- and mul#-family residen#al, commercial, civic, mixed-use, and recrea#onal
uses. Typical zoning associated with this place type includes moderate density residen#al, commercial, office and
ins#tu#onal, and mixed-use.
The proposed CZD B-2 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed
uses are in line with those recommended for Community Mixed Use and General Residen#al place types, and the site
is located near suppor#ve land uses that also serve as an appropriate transi#on between residen#al and industrial
uses.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
As the proposed uses are in line with the recommenda#ons for the Community Mixed Use and General Residen#al
place type, include rela#vely low traffic generators, and serve as a transi#on between nearby residen#al and industrial
uses, staff recommends approval of this applica9on and suggests the following mo#on:
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 proposed uses are in line with the place type
recommenda#ons. I also find recommending APPROVAL of the rezoning request is reasonable and in the
public interest because the proposed district would provide a number of commercial services for nearby
residents, includes rela#vely low traffic generators, and is located on an arterial road.
Applicant Proposed Condi9ons:
1. Within the 3,600 SF building at the front of the property closest to N College Road, uses are limited to
the following: business service center, contractor office, offices for private business and professional
ac#vi#es, personal services, general, instruc#onal services & studios, and retail sales, general.
2. Within the remaining 4 buildings totaling 33,300 SF uses will be limited to offices for private business
and professional ac#vi#es and for contractor offices.
3. Building height will be limited to 1-story and a maximum of 30’.
Alterna9ve Mo9on 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 limited commercial uses are
generally encouraged in the Community Mixed Use and General Residen#al place types and would serve
nearby exis#ng and future residen#al developments I find recommending DENIAL of the rezoning request
is reasonable and in the public interest because the proposed project would have a larger impact on the
adjacent residen#al proper#es than what is allowed under current zoning.
ATTACHMENTS:
Descrip#on
Planning Board - August 1, 2024
ITEM: 2
Z24-16 PB Script
Z24-16 PB Staff Report
Z24-16 Zoning Map
Z24-16 Future Land Use Map
Z24-16 Mailout Map
Initial Application Cover Sheet
Z24-16 Application
Concept Plan Cover Sheet
Z24-16 Concept Plan
Public Comments Cover Sheet
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - August 1, 2024
ITEM: 2
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z24-16)
Request by Cindee Wolf with Design Solutions, applicant, on behalf of Tidewater Investment
Company, INC, property owner, to rezone one parcel totaling approximately 7.79 acres of land located
at 5000 N College Road from (CZD) CB, Commercial to (CZD) B-2, Regional Business district for General
Retail Sales, Business Service Center, and other limited uses.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5
minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s and supporters’ presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s and supporters’ rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with a motion and vote, I would like to invite the applicant to the podium.
Based on the Board discussion and items presented during the public hearing, would you
like withdraw your petition, request a continuance, or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change is,
or is not, consistent with the land use plan and why approval or denial of the rezoning
request is reasonable and in the public interest.
Example Motion for Approval
I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because the proposed uses are in line
with the place type recommendations. I also find recommending APPROVAL of the rezoning
request is reasonable and in the public interest because the proposed district would provide
a number of commercial services for nearby residents, includes relatively low traffic
generators, and is located on an arterial road.
Proposed Conditions:
1. Within the 3,600 SF building at the front of the property closest to N College Road, uses are
limited to the following: business service center, contractor office, offices for private business
and professional activities, personal services, general, instructional services & studios, and
retail sales, general.
Planning Board - August 1, 2024
ITEM: 2 - 1 - 1
2. Within the remaining 4 buildings totaling 33,300 SF uses will be limited to offices for private
business and professional activities and for contractor offices.
3. Building height will be limited to 1-story and a maximum of 30’.
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 limited
commercial uses are generally encouraged in the Community Mixed Use and General
Residential place types and would serve nearby existing and future residential developments
I find recommending DENIAL of the rezoning request is reasonable and in the public interest
because the proposed project would have a larger impact on the adjacent residential
properties than what is allowed under current zoning.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) B-2 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 - August 1, 2024
ITEM: 2 - 1 - 2
Z24-16 Staff Report PB 8.1.2024 Page 1 of 13
STAFF REPORT FOR Z24-16
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z24-16
Request:
Rezoning to a Conditional CB district
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions Tidewater Investment Co., Inc.
Location: Acreage:
5000 College Road 7.79
PID(s): Comp Plan Place Type:
R01800-002-001-000 Community Mixed Use & General Residential
Existing Land Use: Proposed Land Use:
Undeveloped & Vacant Commercial Retail and Flex Space
Current Zoning: Proposed Zoning:
(CZD) CB (CZD) B-2
SURROUNDING AREAT
LAND USE ZONING
North Single – family residential R-15
East Undeveloped & Vacant R-15
South Undeveloped & Vacant R-15, I-2
West College Road Right-of-Way and Industrial Facility I-2, B-2
Planning Board - August 1, 2024
ITEM: 2 - 2 - 1
Z24-16 Staff Report PB 8.1.2024 Page 2 of 13
ZONING HISTORY
July 7, 1972 Initially zoned R-15
June 6, 2022 Rezoned to (CZD) CB for an Indoor/Outdoor Recreational Facility,
Restaurant and Clubhouse
COMMUNITY SERVICES
Water/Sewer
Water will be provided from a private well. Sewer is available from CFPUA
by private pump station connection to adjacent public force main, but septic
system may be used for initial phased development.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Castle Hayne
Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools
Recreation Blue Clay Bike Park, Northern Regional Park, Riverside Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The conservation resource map indicates pocosin wetlands on the property;
however they are not underlaid with Class IV soils, which triggers additional
development standards.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - August 1, 2024
ITEM: 2 - 2 - 2
Z24-16 Staff Report PB 8.1.2024 Page 3 of 13
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
• The applicant is proposing to construct a total of 36,900 SF for use as retail and flex space.
The proposed conceptual plan includes a total of five commercial buildings, a stormwater
pond, associated parking, a 20’ buffer yard on the northern and southern property
boundaries, and a 25’ buffer yard on the eastern boundary.
• The conceptual plan shows a proposed strip retail structure at 3,600 SF for general sales,
instructional services and studios, and personal services.
• Located behind the retail building are four proposed structures totaling approximately
33,300 SF of flex space to be used for offices for private and professional activities and
for contractors.
• Public water is not currently available on the site and a private well is proposed. Sewer will
be provided from CFPUA.
• Under the B-2 zoning district building height is limited to 3 stories or 50’, however the
applicant proposes conditioning the height to 1 story and a maximum of 30’.
Strip Retail
Plaza
(1 Building)
Stormwater
Pond
Flex Office Space
(4 Buildings)
Planning Board - August 1, 2024
ITEM: 2 - 2 - 3
Z24-16 Staff Report PB 8.1.2024 Page 4 of 13
ZONING CONSIDERATIONS
• The site was rezoned to (CZD) CB in 2022 for the development of 23 pickleball courts, a
sand lot for beach volleyball, plus an 8,000 sf structure for a clubhouse and restaurant.
However, no permits were submitted for the intended development of this site as a private
pickleball club and the current owners have submitted the new request for consideration.
• 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. CB district lands can serve as a buffer between
higher density/intensity development and moderate or low-density multi-family and single-
family neighborhoods. This district was added to the Unified Development Ordinance in
2019 and was intended to be appropriate adjacent to existing residential uses.
• The purpose of the B-2, Regional Business 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.
• While the B-2 zoning district allows a range of commercial uses, the Conditional Zoning
District designation would limit the type of uses on the site to business service center,
contractor office, offices for private business and professional activities, personal services,
general, instructional services & studios, and retail sales, general.
• In the B-2 district, a minimum 35-foot rear setback, 30-foot interior setback, and a 20-foot
opaque buffer yard are required where the development abuts existing residential
properties.
• Transitional buffers are required along the northern property boundary where there are
existing residential homes.
• The UDO contains controls on exterior lighting on the site, and the maximum illumination
levels along adjacent residential properties shall not exceed 0.5 foot candles. The UDO
does not prescribe limitations on the height, wattage, bulb-type, or fixture type, and these
can be further limited with a conditional zoning request if mutually agreed upon by the
applicant.
• If approved, the project would be subject to Technical Review Committee and zoning
compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved site
plan are permitted.
Planning Board - August 1, 2024
ITEM: 2 - 2 - 4
Z24-16 Staff Report PB 8.1.2024 Page 5 of 13
AREA DEVELOPMENTS
Planning Board - August 1, 2024
ITEM: 2 - 2 - 5
Z24-16 Staff Report PB 8.1.2024 Page 6 of 13
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Current zoning would allow an 8,000 sf indoor recreation facility
& 23 outdoor pickleball courts
PROPOSED ACCESS
Primary Access College Road via a right-in, right-out driveway
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway College Road
Type of Roadway NCDOT principal arterial
Roadway Planning Capacity
(AADT) 17,375
Planning Board - August 1, 2024
ITEM: 2 - 2 - 6
Z24-16 Staff Report PB 8.1.2024 Page 7 of 13
ENVIRONMENTAL
• The property is not within a Natural Heritage Area.
• The property is not within an AE Flood Area.
• The property is within the Prince George Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I (moderate limitation) and Class III (severe limitation). However,
sewer is available through CFPUA.
Latest Traffic Volume (AADT) 7,600 vehicles (AADT 2021)
Latest WMPO Point-in-Time
Count (DT) 14,325 (Feb 2023)
Current Level of Congestion Below Capacity
NEARBY NCDOT STIP ROADAWAY PROJECTS
I-6039 – I-40 Pavement
Rehabilitation
(Scheduled 2023)
- Interstate maintenance of 11.88 miles between mile marker
420 and mile marker 408.
TRAFFIC GENERATION
Traffic Generated by
Present Designation
Traffic Generated
by Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 10 61 +51
PM Peak Hour Trips 28 80 +52
Sources Source of Trip Generation: ITE Trip Generation Manual, 11th Ed.
TRAFFIC IMPACT ANALYSIS (TIA)
The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the
ordinance requirement for a Traffic Impact Analysis (TIA).
SUMMARY
The proposed project is located along a principal arterial highway that is currently under capacity.
The proposed project’s peak hour traffic is below the 100 peak hour threshold requiring a traffic
impact analysis, but NCDOT will review the project through the driveway permitting process. The
parcel is located south of the roundabout at Castle Hayne Road, southwest of the I-40 interchange,
and northeast of the I-140 interchange.
Planning Board - August 1, 2024
ITEM: 2 - 2 - 7
Z24-16 Staff Report PB 8.1.2024 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
Through planned growth and development,
residents have access to their basic needs.
The proposed (CZD) B-2 rezoning will allow
new businesses that can support the surrounding
community to be located in a transitional area
along a major roadway corridor and in close
proximity to a number of households.
A business-friendly environment that promotes
growth, agility, and collaboration.
The plan aims to prepare for the long-term
needs of businesses and to maintain new
business growth within 2.5% of the state. The
proposed commercial zoning district will enable
new businesses.
Representative Developments
Representative Developments of CZD CB (Indoor/Outdoor Recreation Facilities):
Planning Board - August 1, 2024
ITEM: 2 - 2 - 8
Z24-16 Staff Report PB 8.1.2024 Page 9 of 13
Holly Tree Tennis Club
Captain Bill’s Backyard Grill and Volleyball
Planning Board - August 1, 2024
ITEM: 2 - 2 - 9
Z24-16 Staff Report PB 8.1.2024 Page 10 of 13
Representative Developments of the proposed CZD B-2 (Retail Sales and Flex Space):
Murrayville Station Business Park – Exchange Drive
Exchange Drive – Gordon Road
Planning Board - August 1, 2024
ITEM: 2 - 2 - 10
Z24-16 Staff Report PB 8.1.2024 Page 11 of 13
Context and Compatibility
• The subject property is located at 5000 College Road and is only accessible by North
College Road.
• The site is adjacent to single-family on the northern boundaries and is bordered to the east
and south by vacant, undeveloped land. Located across the street from the parcel is an
industrial site.
• The applicant has proposed a landscaped buffer between the proposed development and
the adjacent single-family use.
• The site is located south of the intersection of College Road and Castle Hayne Road where
transitional service uses and low traffic generators could be appropriate. The proposed
district also provides a transition from the high-intensity industrial site across College Road
to undeveloped land, adjacent single-family lots to the north, and proposed moderate
density residential development in the vicinity of the subject property.
• The last development proposal for the site was for a recreation facility, for which a site plan
was approved in 2022.
• The proposed plan positions retail components along N. College Road and offices toward
the back of the property.
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 - August 1, 2024
ITEM: 2 - 2 - 11
Z24-16 Staff Report PB 8.1.2024 Page 12 of 13
Future Land Use
Map Place Type
Community Mixed Use and General Residential
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
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.
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.
Analysis
The subject property is located along a major roadway corridor, College
Road, and is surrounded by single-family to the north, to the east and south
is vacant, undeveloped land, and across College Road is an industrial
facility.
The Comprehensive Plan classifies the property as Community Mixed Use
and General Residential, both of which allow for commercial uses that can
support nearby neighborhoods. The Community Mixed Use place type
designation encourages a mix of uses, including single- and multi-family
residential, commercial, civic, mixed-use, and recreational uses. Typical
zoning associated with this place type includes moderate density residential,
commercial, office and institutional, and mixed-use.
The proposed CZD B-2 rezoning is consistent with the commercial uses and
intensity recommended in the Comprehensive Plan. Furthermore, the
proposed use would support the surrounding commercial and residential
uses along the College Road corridor and future residential growth
anticipated within the area.
Consistency
Recommendation
The proposed CZD B-2 rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed uses are in line with those
recommended for Community Mixed Use and General Residential place
types, and the site is located near supportive land uses that also serve as
an appropriate transition between residential and industrial uses.
Planning Board - August 1, 2024
ITEM: 2 - 2 - 12
Z24-16 Staff Report PB 8.1.2024 Page 13 of 13
STAFF RECOMMENDATION
As the proposed uses are in line with the recommendations for the Community Mixed Use and
General Residential place type, include relatively low traffic generators, and serve as a transition
between nearby residential and industrial uses, staff recommends approval of this application
and suggests the following motion:
As a result, Staff recommends approval of the proposal and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
proposed uses are in line with the place type recommendations. I also find
recommending APPROVAL of the rezoning request is reasonable and in the public
interest because the proposed district would provide a number of commercial services
for nearby residents, includes relatively low traffic generators, and is located on an
arterial road.
Applicant Proposed Conditions:
1. Within the 3,600 SF building at the front of the property closest to N College Road,
uses are limited to the following: business service center, contractor office, offices for
private business and professional activities, personal services, general, instructional
services & studios, and retail sales, general.
2. Within the remaining 4 buildings totaling 33,300 SF uses will be limited to offices for
private business and professional activities and for contractor offices.
3. Building height will be limited to 1-story and a maximum of 30’.
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 limited commercial uses are generally encouraged in the Community Mixed
Use and General Residential place types and would serve nearby existing and future
residential developments I find recommending DENIAL of the rezoning request is
reasonable and in the public interest because the proposed project would have a
larger impact on the adjacent residential properties than what is allowed under current
zoning.
Planning Board - August 1, 2024
ITEM: 2 - 2 - 13
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Site
(CZD) B-2(CZD) CB5000 College Road NZ24-16
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:
Zoning
B-1
CB
B-2
O&I
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R-10
R-15
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CZD
Z24-16
Planning Board - August 1, 2024
ITEM: 2 - 3 - 1
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New Hanover County NC
Site
(CZD) B-2(CZD) CB5000 College Road NZ24-16
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:
Future Land Use
GENERAL RESIDENTIAL
COMMUNITY MIXED USE
RURAL RESIDENTIAL
CONSERVATION
Z24-16
Planning Board - August 1, 2024
ITEM: 2 - 4 - 1
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(CZD) B-2(CZD) CB5000 College Road NZ24-16
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:
Nearby Properties
Z24-16
Parcels within 510 feet
Planning Board - August 1, 2024
ITEM: 2 - 5 - 1
Initial Application
Documents & Materials
Planning Board - August 1, 2024
ITEM: 2 - 6 - 1
Page 1 of 7
Conditional Zoning District Application – Updated 06-2023
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
nhcgov.com/528/Planning-Land-Use
CONDITIONAL ZONING APPLICATION
This application form must be completed as part of a conditional zoning application submitted through the county’s
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.3 of the Unified Development Ordinance.
Public Hearing Procedures
(Optional)
Pre-Application Conference
1
Community Information Meeting
2
Application Submittal & Acceptance
3
Planning Director Review & Staff Report (TRC Optional)
4
Public Hearing Scheduling & Notification
5
Planning Board Hearing & Recom-mendation
6
Board of Commissioners Hearing & Decision
7
Post-Decision Limitations and Actions
1. Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
Cindee Wolf
Design Solutions
P.O. Box 7221
Wilmington, NC 28406
910-620-2374
cwolf@lobodemar.biz
Tidewater Investment Co., Inc.
1121 Military Cutoff Road, Suite C
Wilmington, NC 28405
910-547-1200 (Contact: Merrette Moore)
mmoore@tidewaterinvestmentco.com
Planning Board - August 1, 2024
ITEM: 2 - 7 - 1
Page 2 of 7
Conditional Zoning District Application – Updated 06-2023
2. Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: Total Acreage of Proposed District:
Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if
applicable)
Please list all of the specific uses that will be allowed within the proposed Conditional Zoning District, the
purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted
in the corresponding General Use District are eligible for consideration within a Conditional Zoning District.
5000 N College Road 323106.37.3818 [PID R01800-002-001-000]
7.79 ac. (CZD)CB Community Mixed-Use & General Residential
(CZD) B-2 7.79 ac.
N/A 36,900 s.f.
Planning Board - August 1, 2024
ITEM: 2 - 7 - 2
Page 3 of 7
Conditional Zoning District Application – Updated 06-2023
4. Proposed Condition(s)
Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater
restrictions on the development and use of the property than the corresponding general use district regulations may
be added. These conditions may assist in mitigating the impacts the proposed development may have on the
surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below.
Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process.
5. Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of
the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for
all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this
application.
Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure
that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If
numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted
generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended
Planning Board agenda.
ITE Land Use(s):
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
Reference attached chart for individual uses & Trip Generation Estimates
Total - 71 Total - 93
Reference attached chart for uses & variables
Planning Board - August 1, 2024
ITEM: 2 - 7 - 3
Estimated Trip Generation for Dunne Commerce Center / 3121 Castle Hayne Road:
Proposed Land Uses ITE Code
Intensity
(GFA)
24-Hour
Volumes
AM Peak
Hour Trips
PM Peak
Hour Trips
Retail Sales, General /
Instructional Services & Studios /
Personal Services
Strip Retail Plaza (<40k)
822 3,600 228 10 27
Business Service Center /
Offices for Private & Professional Activities
General Office
710 16,650 226 33 34
Contractor Offices Specialty Trade Contractor
180 16,650 168 28 32
Total Gross Floor Area 36,900 622 71 93
Planning Board - August 1, 2024
ITEM: 2 - 7 - 4
Page 4 of 7
Conditional Zoning District Application – Updated 06-2023
6. Conditional Zoning District Considerations
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified
Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large.
The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria.
1. How would the requested change be consistent with the County’s policies for growth and development, as
described in the 2016 Comprehensive Plan, applicable small area plans, etc.
2. How would the requested Conditional Zoning district be consistent with the property’s classification on the
2016 Comprehensive Plan’s Future Land Use Map.
Planning Board - August 1, 2024
ITEM: 2 - 7 - 5
Page 5 of 7
Conditional Zoning District Application – Updated 06-2023
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is
the land involved unsuitable for the uses permitted under the existing zoning?
Planning Board - August 1, 2024
ITEM: 2 - 7 - 6
Page 6 of 7
Conditional Zoning District Application – Updated 06-2023
Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed
items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”.
Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will
confirm if an application is complete within five business days of submittal.
Application Checklist Applicant Initial
This application form, completed and signed (all property owners must sign signatory
page)
Application fee:
• $600 for 5 acres or less
• $700 for more than 5 acres
• $300 in addition to base fee for applications requiring TRC review
Community Information Meeting Report (complete and signed by agent or all property
owners)
Traffic Impact Analysis if applicable (use of attached report document is recommended)
• The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided.
• The official TIA approval letter is required prior to this item being placed on the
Board of Commissioners meeting agenda.
Legal description (by metes and bounds) or recorded survey Map Book and Page Reference
of the property requested for rezoning
Conceptual Plan including the following minimum elements [Note: If elements beyond the
minimum requirements are shown on the concept plan they may be considered conditions of
approval if not eligible for approval as minor deviations]:
Tract boundaries and total area, location of adjoining parcels and roads
• Proposed use of land, building areas and other improvements
o For residential uses, include the maximum number, height, and type of
units; area to be occupied by the structures; and/or proposed subdivision
boundaries.
o For non-residential uses, include the maximum square footage and height
of each structure, an outline of the area structures will occupy, and the
specific purposes for which the structures will be used.
• Proposed transportation and parking improvements; including proposed rights-of-
way and roadways; proposed access to and from the subject site; arrangement
and access provisions for parking areas.
• All existing and proposed easements, required setbacks, rights-of-way, and
buffers.
• The location of Special Flood Hazard Areas.
• A narrative of the existing vegetation on the subject site including the approximate
location, species, and size (DBH) of regulated trees. For site less than 5 acres, the
exact location, species, and sized (DBH) of specimen trees must be included.
• Approximate location and type of stormwater management facilities intended to
serve the site.
• Approximate location of regulated wetlands.
• Any additional conditions and requirements that represent greater restrictions on
development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance
CAW
CAW
CAW
CAW
CAW
N/A
Planning Board - August 1, 2024
ITEM: 2 - 7 - 7
Planning Board - August 1, 2024
ITEM: 2 - 7 - 8
Planning Board - August 1, 2024
ITEM: 2 - 7 - 9
Planning Board - August 1, 2024
ITEM: 2 - 7 - 10
Legal Description for
Conditional District Rezoning
of 5000 N. College Road
Beginning at a point in the northeastern boundary of North College Road (N.C. Hwy. 132), a
200’ public right-of-way; said point being located approximately 233 feet southeastwardly
along the right-of-way from its intersection with the eastern boundary of the Wilmington –
Weldon Railroad, a 130’ right-of-way; and running thence from the point of beginning:
South 75038’05” East, 1303.81 feet to a point; thence
South 05038’51” West, 300.39 feet to a point; thence
North 75048’29” West, 969.47 feet to a point in the north eastern boundary of N. College Road;
thence with that right-of-way,
North 37020’58” West, 483.95 feet to the point and place of beginning, containing 7.79 acres,
more or less.
Planning Board - August 1, 2024
ITEM: 2 - 7 - 11
Planning Board - August 1, 2024
ITEM: 2 - 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
5000 N. College Road 323106.37.3818 [R01800-002-001-000]
Tuesday, June 25, 2024 / 6:00 p.m.
Shelter #2 / Northern Regional Park4700 Old Avenue, Castle Hayne
Proximity to the subject project site
In-person w/ info provided for alternative contact if not able to attend
Planning Board - August 1, 2024
ITEM: 2 - 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
N/A
CAW
CAW
CAW
CAW
June 12, 2024
Cynthia Wolf - Design Solutions
June 30, 2024
Planning Board - August 1, 2024
ITEM: 2 - 7 - 14
Community Information Meeting
5000 N. College Road / Dunne Commerce Park Date: Tuesday, June 25, 2024
Name Address Email (Optional)
Kevin & Pauline Dunne Developers pauline@oceanbluepoolsandspas.com
Cindee Wolf Project Planner cwolf@lobodemar.biz
Planning Board - August 1, 2024
ITEM: 2 - 7 - 15
Planning Board - August 1, 2024
ITEM: 2 - 7 - 16
PROPERTIES WITHIN A 500' PERIMETER OF 5000 N COLLEGE ROAD:
ADJACENT OWNERS MAILING ADDRESS CITY / STATE / ZIP
BROWN HOWARD 19221 HYW 210 ROCKY POINT NC 28457
DILL HILDA CAMERON ETAL PO BOX 3649 WILMINGTON NC 28406
DMH LAND LLC 4720 N COLLEGE RD CASTLE HAYNE NC 28429
DOMBROSKI RONALD EDWARD 4917 CASTLE LAKES RD CASTLE HAYNE NC 28429
HENDERSON DANNY SARA 217 CHIMNEY LN WILMINGTON NC 28409
JACOB PAULA K 5104 KINGS CASTLE LN CASTLE HAYNE NC 28429
JH LAND LLC PO BOX 3649 WILMINGTON NC 28406
KING HELEN MCINTYRE HEIRS 2804 FLETCHER CT CASTLE HAYNE NC 28429
KING HELEN MCINTYRE HEIRS PO BOX 63 CASTLE HAYNE NC 28429
KING KEVIN HASAN 5214 KINGS CASTLE LN CASTLE HAYNE NC 28429
KING TERRENCE PO BOX 81 CASTLE HAYNE NC 28429
MOORE GARY ETAL 124 LONG RIDGE DR WILMINGTON NC 28405
OJEDA FERNANDO 7 CRICKET CT WILMINGTON NC 28411
PERKINS ANDREA LAFAYE HEIRS PO BOX 63 CASTLE HAYNE NC 28429
REB ACQUISITIONS LLC PO BOX 7948 ROCKY MOUNT NC 27804
SCOTT BILLY PO BOX 235 CASTLE HAYNE NC 28429
WONCE MARY L KING STEPHEN 505 LAZY ACRES RD BUMPASS VA 23024
Planning Board - August 1, 2024
ITEM: 2 - 7 - 17
June 12, 2024
To: Adjacent Property Owners Re: Dunne Business Park
In 2022, an outdoor recreational facility, specifically for pickleball, was approved for the tract at 5000 N.
College Road. That project proposal has been discontinued. My current clients, Kevin & Pauline Dunne, are
interested in developing a business center with “flex” commercial space. This property is within the proximity
of your lands.
The proposal would require that the past Conditional Zoning District be reapproved by New Hanover County
for a modified site plan and new use. A Conditional Zoning District allows particular uses to be established
only in accordance with specific standards & conditions pertaining to each individual development project.
Essentially, this means that only the use, structures & layout of an approved proposal can be developed. An
exhibit of the project layout is enclosed.
The County requires that the developer hold a meeting for all property owners within 500 feet of the tract
boundary, and any other interested parties. This provides neighbors with an opportunity for explanation of
the proposal and for questions to be answered concerning project improvements, benefits and impacts.
A meeting will be held on Tuesday, June 25th, at Shelter #2 of the Northern Regional Park, 4700 Old Avenue,
Castle Hayne, 6:00 p.m. The location is across from the tennis / pickleball courts.
If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910-620-2374, or
email cwolf@lobodemar.biz with comments and/or questions.
We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the
community.
Planning Board - August 1, 2024
ITEM: 2 - 7 - 18
Planning Board - August 1, 2024
ITEM: 2 - 7 - 19
Concept Plan
Planning Board - August 1, 2024
ITEM: 2 - 8 - 1
Planning Board - August 1, 2024
ITEM: 2 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - August 1, 2024
ITEM: 2 - 10 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 8/1/2024
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
Text Amendment Request (TA24-04)- Request by Cindee Wolf with Design Solu8ons, applicant, to amend Ar8cle 4
of the Unified Development ordinance to allow the use of Restaurant by-right in the O&I, Office & Ins8tu8onal
District with a limita8on on the maximum square footage of the use.
BRIEF SUMMARY:
This is an applicant-ini#ated text amendment request to amend the Table of Permi'ed Uses to allow the use of
Restaurant as a by-right use in the O&I, Office and Ins#tu#onal zoning district with an addi#onal use standard of
capping the use at 3,000 square feet.
Currently, restaurants are permi'ed in every commercial zoning district except the Office & Ins#tu#onal District. A by-
right use designa#on means all reviews and approvals would be handled administra#vely at staff level through the
Technical Review Commi'ee (TRC).
The O&I district was one of the original County zoning districts when the County began adop#ng zoning in 1969. The
district is concentrated mainly along highway corridors such as Castle Hayne Road, Market Street in Ogden and Porters
Neck, and on Piner Road in the Monkey Junc#on area. It is typically found as a transi#onal district between residen#al
districts and higher intensity commercial districts such as B-1 and B-2.
The purpose of the O&I district is to provide lands that accommodate ins#tu#onal, professional office, and other
compa#ble uses. The O&I district should be located in areas with more intense uses and higher density development
pa'erns to support economic clusters in appropriate loca#ons. Common uses in this district include medical offices,
financial and law firms, banks and general office uses. It is o?en a transi#on between more intense commercial uses
and residen#al uses. The restaurant use has historically not been allowed in the O&I district da#ng back to the original
New Hanover County Zoning Ordinance in 1969. During the ini#al phase of the UDO Project update in 2018, staff
considered adding the restaurant use to the O&I district subject to a prohibi#on on drive-thrus but this was ul#mately
not pursued at the #me.
Uses in the O&I District are generally less intensive and lower traffic generators. Please refer to the table in the staff
report for approximate traffic genera#on from common uses in the district, provided by the WMPO.
The UDO defines Restaurants as: “Establishments where food and beverages are prepared and sold on a retail basis
for consump#on on or off premises as its principal business.” The UDO does not break down restaurants by type, and
the defini#on includes fast food restaurants, fine dining establishments and coffee shops. Restaurants do not have any
addi#onal use standards in Sec#on 4.3.4, Standards for Specified Principal Uses, Commercial Uses.
Planning Board - August 1, 2024
ITEM: 3
Restaurants can vary widely in how much traffic they generate, from a fast-food/high-turnover casual restaurant which
generates large traffic counts to fine dining which typically generates lower counts.
The applicant has proposed a specific use standard for allowing the restaurant use in the O&I district, capping the
square footage of the use at 3,000 sf in order to reduce the impact of this use in the O&I district. Capping the square
footage of the development could reduce the amount of traffic generated by the development, especially if it is a high-
turnover restaurant use. While the ITE differen#ates between different types of restaurant uses, the UDO does not.
Please refer to the table in the staff report for approximate traffic genera#on from different kinds of restaurants,
provided by the WMPO.
Some of the less intense restaurant uses would generate similar traffic counts to office uses. Any use that generates
more than 100 trips in the peak hours would require a TIA. Because the intent of having square foot maximums is to
reduce traffic generated in the O&I district, staff have also recommended an addi#onal use standard which prohibits
restaurants with drive-thrus in the O&I district.
Nearby jurisdic#ons, including the City of Wilmington and Pender County permit restaurants by-right in their Office and
Ins#tu#onal Districts, and do not have addi#onal use standards that apply to restaurants. Brunswick County does not
have an O&I district, but permits restaurants with lot size standards in all of their commercial zoning districts.
The 2016 Comprehensive Plan iden#fied the O&I zoning district as a typical zoning category for the Commerce Zone,
Employment Center, Community Mixed Use, and Urban Mixed Use place types. The Comprehensive Plan designates
most areas along major road corridors as either Community Mixed Use or Urban Mixed Use. Because the O&I
districts are o?en along those corridors, they also fall under this place type designa#on. Restaurant uses are in line
with the uses recommended in both of these place types and could be appropriate in close proximity with the types of
offices and ins#tu#onal uses outlined for the district. In addi#on, the pandemic and subsequent rise of working from
home op#ons has led to increased interest in diversifying the mix of uses allowed in office structures, as seen in the
City of Wilmington’s move into the Skyline Center. The uses allowed in the O&I district are o?en used in conjunc#on
with other uses, so a restaurant may not be the only tenant in an office structure.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The proposed amendment would allow restaurants by-right in the O&I district with addi#onal use standards. The
proposal to cap the use at 3,000 square feet reduces traffic counts and would make the restaurant use similar in traffic
genera#on to allowed uses in the O&I district. While not included in the request, the Board may want to consider a
limita#on on drive-thrus. The proposal would also be in line with nearby jurisdic#ons.
As a result, Staff recommends approval of the request and suggests the following mo#on:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development
Ordinance to allow the use of Restaurant as by-right in the O&I, Office & Ins#tu#onal zoning district with the
addi#onal use standard capping the use at 3,000 square feet. 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 is a use
common in office districts, serves the intent of the O&I district to create economic clusters, and would allow more
adap#ve reuse for exis#ng buildings.
Planning Board - August 1, 2024
ITEM: 3
Alterna8ve Mo8on for Denial (If based on informa#on presented at the public hearing or other considera#on beyond
the scope of staff review, the board finds denial appropriate.)
I move to RECOMMEND DENIAL the proposed rezoning. While I find it to be generally CONSISTENT with the
purposes and intent of the Comprehensive Plan because it provides up-to-date zoning tools, I find
RECOMMENDING DENIAL of the rezoning request is reasonable and in the public interest because the use is too
intense for the generally low-intensity O&I zoning district.
ATTACHMENTS:
Descrip#on
TA24-04 Script PB
TA24-04 Staff Report PB
TA24-04 Draft Amendment
Initial Application Cover Sheet
TA24-04 Application
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - August 1, 2024
ITEM: 3
SCRIPT for Unified Development Ordinance Text Amendment (TA24-04)
Request by Cindee Wolf with Design Solutions, applicant, to amend Article 4 of the Unified
Development ordinance to allow the use of Restaurant by-right in the O&I, Office & Institutional
District with a limitation on the maximum square footage of the use.
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 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 for Approval:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover
County Unified Development Ordinance to allow the use of Restaurant as by-right in the
O&I, Office & Institutional zoning district with the additional use standard capping the use
at 3,000 square feet. 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 is a use common in office districts, serves the intent of the O&I district
to create economic clusters, and would allow more adaptive reuse for existing buildings.
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 the proposed rezoning. While I find it to be generally
CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides
up-to-date zoning tools, I find recommending DENIAL of the rezoning request is reasonable
and in the public interest because the use is too intense for the generally low-intensity O&I
zoning district.
Planning Board - August 1, 2024
ITEM: 3 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] of the proposed amendment to the New Hanover County Unified
Development Ordinance to allow the use of Restaurant as by-right in the O&I, Office & Institutional
zoning district with the additional use standard capping the use at 3,000 square feet. 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 - August 1, 2024
ITEM: 3 - 1 - 2
STAFF REPORT FOR TA24-04
TEXT AMENDMENT REQUEST
REQUEST SUMMARY
Case Number: TA24-04
Request:
Request by Cindee Wolf with Design Solutions to amend Table 4.2.1 of the Unified Development
Ordinance related to the use permissions for Restaurant and Section 4.3.4, Standards for
Specified Principal Uses, Commercial Uses.
Applicant: Subject Ordinances:
Cindee Wolf, Design
Solutions Unified Development Ordinance (UDO)
Purpose & Intent
The applicant’s key intent is to allow the use of Restaurant by-right in the O&I, Office &
Institutional district with a 3,000 square foot maximum square footage limitation in that district.
BACKGROUND
This is an applicant-initiated text amendment request to amend the Table of Permitted Uses to allow
the use of Restaurant as a by-right use in the O&I, Office and Institutional zoning district with an
additional use standard of capping the use at 3,000 square feet. Restaurants are not currently
permitted in the Office and Institutional district, but they are permitted in all other commercial
zoning districts.
The district was one of the original County zoning districts when the County began adopting zoning
in 1969. The O&I district is concentrated mainly along highway corridors such as Castle Hayne
Road, Market Street in Ogden and Porters Neck, and on Piner Road in the Monkey Junction area.
It is typically found as a transitional district between residential districts and higher intensity
commercial districts such as B-1 and B-2.
The purpose of the O&I district is to provide lands that accommodate institutional, professional
office, and other compatible uses. The O&I district should be located in areas with more intense
uses and higher density development patterns to support economic clusters in appropriate locations.
The UDO defines Restaurants as:
“Establishments where food and beverages are prepared and sold on a retail basis for
consumption on or off premises as its principal business.”
The UDO does not break down restaurants by type, and the definition includes fast food
restaurants, fine dining establishments and coffee shops. Restaurants do not have any additional
use standards in Section 4.3.4, Standards for Specified Principal Uses, Commercial Uses.
Planning Board - August 1, 2024
ITEM: 3 - 2 - 1
A by-right use means all reviews and approvals would be handled administratively at staff level
through the Technical Review Committee (TRC).
ANALYSIS
The purpose of the Office and Institutional District is to provide areas where institutional uses,
professional office uses and other uses compatible to uses of an office or institutional nature shall
be encouraged to locate and to provide protection for this type of land use from encroachment by
other less desirable uses. Common uses in this district include medical offices, financial and law firms,
banks and general office uses. It is often a transition between more intense commercial uses and
residential uses. The restaurant use has historically not been allowed in the O&I district dating back
to the original New Hanover County Zoning Ordinance in 1969. During the initial phase of the UDO
Project update in 2018 , staff considered adding the restaurant use to the O&I district subject to a
prohibition on drive-thrus but this was ultimately not pursued at the time.
New Hanover County currently has 353 acres of O&I zoned land 14.83 acres of which is currently
undeveloped. Approximately 100 acres of the O&I in the County is comprised of the Cape Fear
Community College North Campus with another 40 acres in the Scotts Hill Medical Plaza. If there
were to be any land rezoned to the O&I or a Conditional O&I district, it would have to go through
the rezoning process which both the Planning Board and the Board of Commissioners would hear
and vote on. In line with the intent of the district, staff anticipates that any request for a rezoning
to the O&I district would be seen along those major roadway corridors, near to other commercial
uses.
Development in the O&I district is still subject to all other requirements for commercial development
in the UDO, including setbacks, transitional buffers, and lighting.
Estimated traffic generation for uses common in the O&I district include:
Use (ITE Code) Square
Foot
AM Peak
Hour Trips
PM Peak
Hour Trips
Walk-In Bank or Financial Institution (911) 3,700 - 45
Drive-In Bank or Financial Institution (912) 3700 37 78
Medical/Dental Office (720) 6,500 20 26
General Office Building (710) 5,000 8 7
Small Office Building (712) 5,000 8 11
Restaurants can vary widely in how much traffic they generate, from a fast-food/high-turnover
casual restaurant which generates large traffic counts to fine dining which typically generates lower
counts.
The applicant has proposed a specific use standard for allowing the restaurant use in the O&I
district, capping the square footage of the use at 3,000 sf in order to reduce the impact of this use
in the O&I district. Capping the square footage of the development could reduce the amount of
traffic generated by the development, especially if it is a high-turnover restaurant use. While the
Planning Board - August 1, 2024
ITEM: 3 - 2 - 2
ITE differentiates between different types of restaurant uses, the UDO does not. Per the WMPO,
3,000 sf of restaurant use generate the following estimated traffic counts:
Use (ITE Code) Square
Feet
AM Peak
Hour Trips
PM Peak
Hour Trips
Fast Casual Restaurant (930) 3,000 4 38
Fine Dining (931) 3,000 2 23
High Turnover (Sit Down) (932) 3,000 29 27
Fast Food (w/o Drive Thru) (933) 3,000 130 100
Fast Food (w/ Drive Thru) (934) 3,000 134 99
Coffee/Donut Shop (w/o Drive Thru) (936) 3,000 279 97
Coffee/Donut Shop (w/ Drive Thru) (937) 3,000 258 117
Some of the less intense restaurant uses would generate similar traffic counts to office uses. Any use
that generates more than 100 trips in the peak hours would require a TIA. Because the intent of
having square foot maximums is to reduce traffic generated in the O&I district, staff have also
recommended an additional use standard which prohibits restaurants with drive-thrus in the O&I
district.
Nearby jurisdictions, including the City of Wilmington and Pender County permit restaurants by-
right in their Office and Institutional Districts, and do not have additional use standards that apply
to restaurants. Brunswick County does not have an O&I district, but permits restaurants with lot size
standards in all of their commercial zoning districts.
The 2016 Comprehensive Plan identified the O&I zoning district as a typical zoning category for
the Commerce Zone, Employment Center, Community Mixed Use, and Urban Mixed Use place types.
The Comprehensive Plan designates most areas along major road corridors as either Community
Mixed Use or Urban Mixed Use. Because the O&I districts are often along those corridors, they also
fall under this place type designation. Restaurant uses are in line with the uses recommended in
both of these place types and could be appropriate in close proximity with the types of offices and
institutional uses outlined for the district. In addition, the pandemic and subsequent rise of working
from home options has led to increased interest in diversifying the mix of uses allowed in office
structures, as seen in the City of Wilmington’s move into the Skyline Center. The uses allowed in the
O&I district are often used in conjunction with other uses, so a restaurant may not be the only tenant
in an office structure.
Planning Board - August 1, 2024
ITEM: 3 - 2 - 3
STAFF RECOMMENDATION
The proposed amendment would allow restaurants by-right in the O&I district with additional use
standards. The proposal to cap the use at 3,000 square feet reduces traffic counts and would
make the restaurant use similar in traffic generation to allowed uses in the O&I district. While not
included in the request, the Board may want to consider a limitation on drive-thrus. The proposal
would also be in line with nearby jurisdictions.
As a result, Staff recommends approval of the request and suggests the following motion:
I move to RECOMMEND APPROVAL of the proposed amendment to the New
Hanover County Unified Development Ordinance to allow the use of Restaurant as
by-right in the O&I, Office & Institutional zoning district with the additional use
standard capping the use at 3,000 square feet. 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 is a use common in office districts,
serves the intent of the O&I district to create economic clusters, and would allow more
adaptive reuse for existing buildings.
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 the proposed rezoning. While I find it to be generally
CONSISTENT with the purposes and intent of the Comprehensive Plan because it
provides up-to-date zoning tools, I find recommending DENIAL of the rezoning
request is reasonable and in the public interest because the use is too intense for the
generally low-intensity O&I zoning district.
Planning Board - August 1, 2024
ITEM: 3 - 2 - 4
PROPOSED AMENDMENT
Unified Development Ordinance
Table 4.2.1: Principal Use Table
Key: P = Permitted by Right S = Special Use Permit Required CD = Conditional District Required *= Specific Use Standards Apply in District
blank cell = not allowed
Use
Zoning Districts
RA
AR
R-20
S
R-20
R-15
R-10
R-7
R-5
RM
F
-L
RM
F
-M
RM
F
-MH
RM
F
-H
PD
UM
X
Z
B-1
CB
B-2
O&
I
SC
CS
AC
I-1
I-2
Us
e
St
a
n
d
a
r
d
s
Restaurant P P P P P P* P P P P P 4.3.4
Section 4.3. Standards for Specified Principal Uses
4.3.4, Commercial Uses
J. Food & Drink
1. Restaurant
Restaurants in the O&I District shall comply with the following standards:
a. The gross square footage of the use shall not exceed 3,000 square feet, including outdoor seating area.
b. Drive-thrus are prohibited.*
*Staff recommended in addition to the applicant’s request.
Planning Board - August 1, 2024
ITEM: 3 - 3 - 1
Initial Application
Documents & Materials
Planning Board - August 1, 2024
ITEM: 3 - 4 - 1
Page 1 of 3
Text 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
UDO TEXT AMENDMENT APPLICATION
This application form must be completed as part of a text 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 10.3.1 of the Unified Development Ordinance.
Public Hearing Procedures
(Optional)
Pre-Application
Conference
:
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
1. Applicant Information
Name
Company
Address
City, State, Zip
Phone
Email
Cindee Wolf
Design Solutions
P.O. Box 7221
Wilmington, NC 28406
cwolf@lobodemar.biz
910-620-2374
Planning Board - August 1, 2024
ITEM: 3 - 5 - 1
Page 2 of 3
Text Amendment Application – Updated 12-2020
2. Proposed Amendment
Current Unified Development Ordinance (UDO) Article:
Current UDO Section(s) and Subsection(s):
Proposed amendment to the above section(s)/subsection(s) (attach additional pages if necessary):
Reason for request, citing consistency with 2016 Comprehensive Plan and any other relevant plans,
development trends, problems posed by existing language, etc. (attach additional pages if necessary):
Article 4: Uses and Use-Specific Standards
Table 4.2.1: Principal Use Table & 4.3.4.D. Food & Drink
Add "Restaurant" to the list of permitted uses in the Office & Institutional (O&I) district with
a specific use standard related to establishment size.
Add Use-Specific Condition
Establishments where food and beverages are prepared and sold on a retail basis for
consumption on or off premises are a logical business near the types of uses permitted in the
O&I district. As an example, it doesn't make sense for employees to have to travel to other
areas of commercial zoning for lunch - rather than the possibility to walk to an eatery within the
same office complex or on nearby or adjacent properties within the same district.
Proposed Condition:
4.3.4.D. Food & Drink
1. Restaurant
Restaurants in the O&I district shall comply with the following standards:
a. The gross floor area shall not exceed 3,000 square feet.
** Reference attached Narrative for Consistency & Justification **
Planning Board - August 1, 2024
ITEM: 3 - 5 - 2
Page 3 of 3
Text 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: $400
One copy of ALL documents. Additional hard copies may be required by staff
depending on the size of the document.
3. Acknowledgement and Signatures
By my signature below, I understand and accept all of the conditions, limitations and obligations of the text amendment
for which I am applying. 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.
Signature of Applicant(s) Print Name(s)
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.
CAW
CAW
CAW
Cynthia Wolf - Design SolutionsCynthia Wolf
Planning Board - August 1, 2024
ITEM: 3 - 5 - 3
Explanation of impacts on the County as a whole and consistency with the
Comprehensive Land Use Plan:
The purpose of the Office & Institutional District is to provide lands that
accommodate institutional, professional office and other compatible uses, but
also allows residential development. The Unified Development Ordinance
suggests that O&I districts should be located in areas with more intense uses
and higher density development patterns to support economic clusters in
appropriate locations.
Limiting the availability of restaurants within these districts is counterintuitive to
the Comprehensive Land Use Plan strategies of mixed-use development
patterns, and reducing vehicle trips on the County’s roads. Supporting small-
scale services in proximity to their users promotes maximizing land use
efficiency.
Adding a prescribed condition for the maximum size of a restaurant in the O&I
district can ensure that the use will not materially endanger the public health or
safety, and that it will be consistent with the associated locations.
Justification for amending the Unified Development Ordinance:
The O&I district has typically been considered an acceptable transition between
residential neighborhoods and busier commercial corridors. Allowing restaurant
use would broaden the range of services that can be convenient to both
surrounding private businesses and possible residents within the proximity.
With some office uses becoming outmoded due to work-at-home trends, allowing
the use in the O&I district could encourage the rehabilitation of obsolete and
under-utilized buildings within the district.
Research evidenced that Wilmington permits restaurants in their O&I district.
Other North Carolina “suburban communities,” similar to New Hanover County,
include Pender County & Brunswick Counties – which both allow restaurants in
their similar districts.
Planning Board - August 1, 2024
ITEM: 3 - 5 - 4