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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
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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
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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-
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Existing
Septic
Proposed Well
Proposed Septic
System
Proposed Single-
Family Dwellings
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
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.
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AREA DEVELOPMENTS
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
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.
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• 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)
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
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.
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Representative Developments
Representative Developments of Single-Family Residences:
Old Cape Cod
Old Cape Cod
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.
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.
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.