HomeMy WebLinkAbout2-6-25 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
FEBRUARY 6, 2025 6:00 PM
Call to Order
Pledge of Allegiance
Approval of Minutes
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substanal changes in these peons as a result of objecons, debate,
and discussion at the meeng, including rezoning to other classificaons.
1 Public Hearing
Text Amendment Request (TA25-01) - Request by Tammi Pi<s, applicant, on behalf of Wilmington
Lodge #343, Loyal Order of Moose, INC, property owner, to amend Sec>on 4.4.4 Standards for
Specified Accessory Uses and Structures to allow RV and boat storage and RV camping as
permi<ed accessory uses to Lodges, Fraternal, & Social Organiza>ons with restric>ons.
2 Public Hearing
Rezoning Request (Z25-01) – Request by Cindee Wolf with Design Solu>ons, applicant, on behalf
of Ricardo San>ago, property owner, to rezone approximately 1.97 acres located at 6312 Castle
Hayne Road from the R-15, Residen>al district to (CZD) CS, Commercial Services for the use of
Contractor Office, Retail Nursery, and a Live / Work Caretaker Unit and other limited uses.
3 UDO Maintenance Amendment Concepts Presenta>on
Planning Board - February 6, 2025
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 2/6/2025
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 (TA25-01) - Request by Tammi Pi4s, applicant, on behalf of Wilmington Lodge #343,
Loyal Order of Moose, INC, property owner, to amend Sec>on 4.4.4 Standards for Specified Accessory Uses and
Structures to allow RV and boat storage and RV camping as permi4ed accessory uses to Lodges, Fraternal, &
Social Organiza>ons with restric>ons.
BRIEF SUMMARY:
The Wilmington Moose Lodge has submi$ed a text amendment request to add a new accessory use of Recrea)onal
Vehicle (RV)/Travel Trailer Dwelling at a Lodge to the primary use of Lodges, Fraternal & Social Organiza)ons. The
applicant stated a desire to amend the ordinance to fit with a service provided by the Moose Lodge since the 1980's.
Under the proposed amendment, the RVs would be allowable for private fraternal and benevolent non-profit lodges to
use their property for overnight dwelling with specific standards. Those applicant- proposed standards are outlined in
the staff report.
This request is )ed to a zoning viola)on, in which the Moose Lodge was cited for hos)ng RVs overnight and for storage
of RVs on the property. Under current zoning regula)ons, this is not permi$ed on the site. Since that )me, the
applicant has come into compliance, but they wish to resume their previous ac)vi)es legally.
Because changes to the Unified Development Ordinance affect more than just one parcel, staff is researching how the
requested language would be applied to not just the Moose Lodge at 4640 Carolina Beach Road, but other Lodges,
Fraternal, and Social Organiza)on uses throughout the County. Staff are also taking into considera)on this use and
regula)ons on RV uses at Moose Lodges in other jurisdic)ons. Staff will compare the requested amendment to
standards in other jurisdic)ons that have Moose Lodges that offer this service. Un)l this research is complete, staff
will not be able to finalize a recommenda)on, which may include suggested adjustments to the applicant's proposal in
order to mi)gate poten)al land use concerns.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning Board - February 6, 2025
ITEM: 1
The applicant had discussed the proposed text amendment with staff before submi>ng their applica)on; however,
given the nature of the request staff has determined that addi)onal research is needed to fully analyze the request to
determine a recommenda)on or if addi)onal ordinance language may be required.
As a result, Staff recommends a con>nuance of the request.
However, if the Board feels that sufficient informa)on is presented at the hearing to allow for them to make a
recommenda)on, they may elect to proceed with a mo)on of recommenda)ons of approval or denial.
Recommended mo)on language for con)nuance, approval, and denial can be found in the a$ached Script.
ATTACHMENTS:
Descrip)on
TA25-01 PB Script
TA25-01 PB Staff Report
TA25-01 Initial Application Cover Sheet
TA25-01 Application
TA25-01 Public Comments Cover Sheet
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - February 6, 2025
ITEM: 1
PLANNING BOARD SCRIPT
for Unified Development Ordinance Text Amendment Application (Z25-01)
Request by Tammi Pitts, applicant, on behalf of Wilmington Lodge #343, Loyal Order of Moose, INC,
property owner, to amend Section 4.4.4 Standards for Specified Accessory Uses and Structures to
allow RV and boat storage and RV camping as permitted accessory uses to Lodges, Fraternal, & Social
Organizations with restrictions.
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.
Suggested Motion for Continuance
I move to CONTINUE the proposed amendment request to the March 6, 2025 regular
meeting to allow staff to conduct additional research.
However, if the Board feels that sufficient information is presented at the hearing to allow
for them to make a recommendation, they may elect to proceed with one of the following
motions:
Alternate Motion for Approval:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover
County Unified Development Ordinance to add language to Section 4.4.4. I find it to be
CONSISTENT with the goals of the 2016 Comprehensive Plan to encourage a mix of uses
and promote place-based economic development. I also find RECOMMENDING APPROVAL
of the proposed amendment reasonable and in the public interest because it allows lodges
and social organizations to provide customary services for their members.
Planning Board - February 6, 2025
ITEM: 1 - 1 - 1
Alternate Motion for Denial:
I move to RECOMMEND DENIAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to add language to Section 4.4.4. I find it to be
INCONSISTENT with the goals of the 2016 Comprehensive Plan to support business success
because it provides services that could compete with private businesses. I find
RECOMMENDING DENIAL of the amendment request is reasonable and in the public
interest because the amendment allows for too intense of a use on otherwise low-intensity
sites.
Planning Board - February 6, 2025
ITEM: 1 - 1 - 2
TA25-01 Staff Report PB 2.6.2025 Page 1 of 4
STAFF REPORT FOR TA25-01
TEXT AMENDMENT REQUEST
REQUEST SUMMARY
Case Number: TA25-01
Request:
Request by Tammi Pitts, applicant, on behalf of Wilmington Lodge #343, Loyal Order of Moose,
INC, property owner, to amend Section 4.4.4 Standards for Specified Accessory Uses and
Structures to allow RV and boat storage and RV camping as permitted accessory uses to Lodges,
Fraternal, & Social Organizations with restrictions.
Applicant: Subject Ordinances:
Tammi Pitts, Wilmington Lodge #343, Loyal
Order of Moose INC Unified Development Ordinance (UDO)
Purpose & Intent
The applicant’s key intent for this amendment is to allow RV and boat storage and limited RV
camping as a by-right accessory activity to the use of Lodges, Fraternal, & Social Organizations.
BACKGROUND
Applicant Tammi Pitts with the Wilmington Moose Lodge has submitted a request for a text
amendment to the Unified Development Ordinance (UDO) to add a new accessory use of
Recreational Vehicle (RV)/Travel Trailer Dwelling at a Lodge to the primary use of Lodges,
Fraternal, & Social Organizations. The applicant stated a desire to amend the ordinance to fit with
a service provided by the Moose Lodge since the 1980’s.
Under the proposed amendment, the RVs would be allowable for private fraternal and benevolent
non-profit lodges to use their property for overnight dwelling with specific standards. Those
standards are as follows:
a. Use is for members only.
b. Limited to 14 consecutive days.
c. Sanitation must be disposes of in a lawful manner by bringing to an approved sanitation
station.
d. Maximum of 6 sites.
e. Every site shall consist of a minimum of 1,000 sq. ft. to accommodate one camping vehicle.
f. Property must have ample parking space for one motor vehicle per campsite.
g. Record must be kept of all occupants of the campsites including name and address, member
number, dates of occupation, and make, model and license plate of camping vehicle.
Planning Board - February 6, 2025
ITEM: 1 - 2 - 1
TA25-01 Staff Report PB 2.6.2025 Page 2 of 4
The request also includes allowing for RV & Boat Trailer Storage for members only, including all
standards required for that use in UDO Section 4.3.5.D.1, including one additional standard as
outlined below:
a. Limited to 30 vehicles.
This request is tied to a zoning violation. In May 2024 the Planning Department received an inquiry
about the Wilmington Moose Lodge (4601 Carolina Beach Road) allowing RV and boat trailer
storage and RV camping on site.
The Moose Lodge site is zoned R-15, Residential and received a Special Use Permit in 1980 (S-
146) to permit the lodge. After receiving the inquiry in 2024, Planning staff investigated and
determined the property was storing RVs and boats and was allowing lodge members to camp in
RVs on site.
That activity was determined to be in violation of the UDO because the use of RV and Boat Trailer
Storage was not permitted in the R-15 zoning district, and while the use of Campground was
allowed in the R-15 district with a special use permit, the lodge had not received approval for a
Campground use.
Through communication with staff through June-September 2024, The Moose Lodge came into
compliance with the ordinance by ceasing all RV and boat storage and RV camping on site by
October of 2024. The Moose Lodge would like to resume the RV and boat storage and RV camping
operation and have submitted a request to amend the UDO to allow the activities as an accessory
use inherent to the typical functioning of their lodge.
Current Ordinance Language
The UDO defines the use of Lodges, Fraternal, & Social Organizations as:
“An incorporated or unincorporated association for civic, social, cultural, religious, fraternal,
literary, political, recreational or like activities, operated on a nonprofit basis for the
benefits of its members, and certified as a non-profit organization by the Secretary of State
of the State of North Carolina.”
This type of use is allowed by-right in most commercial districts and requires a special use permit in
some residential districts:
Allowed By-Right Special Use Permit Required
B-1, Neighborhood Business RA, Rural Agricultural
B-2, Regional Business AR, Airport Residential
CB, Community Business R-20, Residential
CS, Commercial Services R-20S, Residential
O&I, Office & Institutional R-15, Residential
PD, Planned Development R-10, Residential
UMXZ, Urban Mixed Use Zoning R-7, Residential
Planning Board - February 6, 2025
ITEM: 1 - 2 - 2
TA25-01 Staff Report PB 2.6.2025 Page 3 of 4
The use of Campground which includes RV camping requires a special use permit in 6 residential
districts and is only allowed by-right in the PD and B-2 zoning districts. The UDO also contains
several additional development standards for the use.
The use of RV and Boat Trailer Storage is currently only allowed in higher intensity commercial
districts such as the B-2, I-1, and I-2 districts.
STAFF ANALYSIS
Because changes to the Unified Development Ordinance affect more than just one parcel, staff is
researching how the requested language would be applied to not just the Moose Lodge at 4610
Carolina Beach Road, but other Lodges, Fraternal, and Social Organization uses throughout the
County.
Staff are also taking into consideration this use and regulations on RV uses at Moose Lodges in
other jurisdictions. The applicant has provided several examples of other Moose Lodges in North
Carolina that offer this service to their members. Staff will compare the requested amendment to
standards in other jurisdictions that have Moose Lodges that offer this service.
Until this research is complete, staff will not be able to finalize a recommendation, which may
include suggested adjustments to the applicant’s proposal in order to mitigate potential land use
concerns.
APPLICANT PROPOSED AMENDMENT
The applicant proposed text amendment is below, with red italics indicating proposed new
language.
Article 4, Uses and Use Specific Standards
Section 4.4.4, Standards for Specified Accessory Uses and Structures
M. RV or Trailer Dwelling at a Lodge
1. Allowable for private fraternal and benevolent non-profit lodges to use their property for
overnight dwelling in an RV or travel trailer with the following provisions:
a. Use is for members only.
b. Limited to 14 consecutive days.
c. Sanitation must be disposed of in a lawful manner by bringing to an
approved sanitation station.
d. Maximum of 6 sites.
e. Every site shall consist of a minimum of 1,000 sq ft to accommodate one
camping vehicle.
f. Property must have ample parking space for one motor vehicle per campsite.
Planning Board - February 6, 2025
ITEM: 1 - 2 - 3
TA25-01 Staff Report PB 2.6.2025 Page 4 of 4
g. Record must be kept of all occupants of the campsites including name and
address, member number, dates of occupation, and make, model and license
plate of camping vehicle.
2. Allowable for RV and boat/trailer storage for members only according to all provisions
set forth in Section 4.3.5.D.1, Recreational Vehicle and Boat Trailer Storage Lot.
STAFF RECOMMENDATION
The applicant had discussed the proposed text amendment with staff before submitting their
application however, given the nature of the request staff has determined that additional
research is needed to fully analyze the request to determine a recommendation or if additional
ordinance language may be required.
As a result, Staff recommends a continuance of the request and suggests the following motion:
I move to CONTINUE the proposed amendment request to the March 6, 2025 regular
meeting to allow staff to conduct additional research.
However, if the Board feels that sufficient information is presented at the hearing to allow for
them to make a recommendation, they may elect to proceed with one of the following motions:
Alternate Motion for Approval:
I move to RECOMMEND APPROVAL of the proposed amendment to the New
Hanover County Unified Development Ordinance to add language to Section 4.4.4. I
find it to be CONSISTENT with the goals of the 2016 Comprehensive Plan to
encourage a mix of uses and promote place-based economic development. I also find
RECOMMENDING APPROVAL of the proposed amendment reasonable and in the
public interest because it allows lodges and social organizations to provide customary
services for their members.
Alternate Motion for Denial:
I move to RECOMMEND DENIAL of the proposed amendment to the New Hanover
County Unified Development Ordinance to add language to Section 4.4.4. I find it to
be INCONSISTENT with the goals of the 2016 Comprehensive Plan to support business
success because it provides services that could compete with private businesses. I find
RECOMMENDING DENIAL of the amendment request is reasonable and in the public
interest because the amendment allows for too intense of a use on otherwise low-
intensity sites.
Planning Board - February 6, 2025
ITEM: 1 - 2 - 4
Initial Application
Documents & Materials
Planning Board - February 6, 2025
ITEM: 1 - 3 - 1
NEW HANOVER, COUNTY
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DEPARTMENT OF PIANNING & LAND USE
230 Government Contcr Drivo, Suilo I I O
Wilmington, Norrh Corolino 28403
Telephone 191 Ol 798-7 I 65
rAx pto) 798-7053
plon ningdcvolopmcnt.nhcgoy.com
UDO TEXT ATENDMENT APPLICATION
This oppllcolion form mrst be €ornpleted os port of o texl omendmant oppli<ntion submitted thro4h tfie cornrty's online
COAST portol. Thc moin procedurol steps in lhs srbmilrol ond review of opplicofiort ore outlincd in rhe flowchorr
betow. More speciftc s.bmitiol ond review requirements, os well os lfio stordords fo be opplied in reviewing lhe
opplkction, ore set ori in Sccrion 10.3.1 of the thified Developnrent Ordinonce.
Public Hering Ptoccdutcs
IE
(Optional)
PrcrAppllcation
Confo/.nco
Pl3nnrng Soard
Hcrrrnq &
Rccom-
mendJtion
Eorrd ot
Commissioners
He:rrng 8
Dccrsrol
321 54 6
Publrc Hcrr,ng
Schedulinq 8
Nolrfrcairon
Pl3nning
Orrc'clor Rc"re'a
6 Slaft Rcport
Applicrtron
Submittal 6
Acceptance
Post-Oocrsron
Limit.rtioh ind
Actions
l. Applicant lnformclion
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Tarnm', ?itls A/rn tots+r(fu
Compony
Addrcss
City,L'P
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Poge I of 3
Text Amendmcrl Applicolion - Updoted l2-2O20
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Planning Board - February 6, 2025
ITEM: 1 - 4 - 1
2. Proposed Amendment
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Guncnl Unificd Dcvclopmcnl Orrdinonoc (UDO) Arlidc:
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Cun"enl UDO Seclion(s) cnd
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Pogc 2 of 3
Tcxt Amcndmcnt Appllcotion - Updotcd l2-2O2OPlanning Board - February 6, 2025
ITEM: 1 - 4 - 2
Stoff will use lhe following ch€cklirt to determine the completeness of your opplicotion. Pleose verify oll of rhe
listed items ore ircludcd ond confirm by initiollng under'Applicont lnitiol". Applicclions determined to be
irromplete must be corrected in order to be processed for further review.
Atrlfcrlrkn Cficcllbr
E nis opplicoiion form, completed qnd signcd
E Applicotion fee:34o0
tr One copy of ALL doomcnrs" Addirionol hord copies moy be required by stoff
dcpcnding on lhc size of fte document
3. Acknowledgement ond Signolures
By my signoture below, I understond ond occept oll of the condilions, limholions ond obligolions of lhe text omendmerrt
for whidr I om opplying. I cerrify rhot rhis opplicotion is complete ond thot oll informotion prcented in rhis opplicorion
is ocqrrole to the best of my knowlcdge,
rltrrur^- QW,
informotio,n, ond bclief.
tO lnfvl t
Signoturo of Appliccnr(s)Prinl Nome(s)
lf on opplianl reguesls delay of considerotlbn from llr' Plonning Eool,.d or Eoord of Counly Commissioners before nofi:ce hos
been senl lo lfie newspoper , lle ilem will b colendored for tln next neci'ng ond no f* will be regur'red. lf &lay rs regnested
sffrer notice hos been senl lo ffie newspoper, the Eoord will od on ffie reqrrcsl of fhe scheduled meeling otrd ore undq no
obft:gotrbn fro gronl the contr'nuonc,e. lf llp confinuonc,e is gronied, o fee ln occordonce with tfre odopled fee schedule os
pubn'shed on lfie New Honover Counly Plonning website will be rquired.
Pogc 3 of 3
Text Amendment Applkotion - Updorcd 12-2020
?ils
Planning Board - February 6, 2025
ITEM: 1 - 4 - 3
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - February 6, 2025
ITEM: 1 - 5 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 2/6/2025
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 (Z25-01) – Request by Cindee Wolf with Design Solu9ons, applicant, on behalf of Ricardo
San9ago, property owner, to rezone approximately 1.97 acres located at 6312 Castle Hayne Road from the R-15,
Residen9al district to (CZD) CS, Commercial Services for the use of Contractor Office, Retail Nursery, and a Live /
Work Caretaker Unit and other limited uses.
BRIEF SUMMARY:
The applicant is reques%ng to rezone approximately 1.97 acres from a R-15, Residen%al District to a (CZD) CS,
Community Services District, for a landscape contractor office, retail nursery, wholesale nursery, and live / work
caretaker unit. The plan includes conver%ng an exis%ng home into an office with a caretaker unit, repurposing a barn
for storage and retail, and providing designated areas for parking, outdoor storage, and a nursery. The site will have a
one-way traffic flow with separate ingress and egress to Castle Hayne Road.
The R-15 district in this area was established in 1985. At the %me, the purpose of the R-15 district was to ensure
housing served by private sep%c and wells would be developed at low densi%es. The CS district was established to
accommodate a mixture of light manufacturing, wholesale, storage, commercial service and repair, and distribu%ve
type uses, while suppor%ng nearby commercial uses. The district is designed to act as a transi%onal land use between
intensive commercial development and less intensive commercial uses. The applicant is reques%ng a rezoning to the CS
district as opposed to B-2 because a live/work caretaker unit is permi9ed by right in CS, and in the B-2 district it would
requires a SUP. B-2 zoning is most common in the project site's vicinity.
It is es%mated the site would generate approximately 4 AM and 5 PM peak hour trips if developed under current
zoning. The proposed (CZD) CS development is es%mated to generate 6 AM and 18 PM peak hour trips, increasing the
number of peak hour trips by approximately 2 AM and 13 PM.
The proposed project is located along a minor arterial highway that is currently over capacity. The project is below the
peak hour threshold required for a TIA; however, the project will s%ll be required to go through engineering analysis for
the proposed driveway realignment. The project proposes to abandon the exis%ng circular driveway and install a new
one-way circular driveway with the proposed entrance drive aligned with Old Bridge Site Road on the west side of
Castle Hayne Road. The applicant has consulted with NCDOT who have indicated the proposed driveway layout could
be acceptable pending full driveway permit review.
The Comprehensive Plan classifies this property as Community Mixed Use. This place type’s encouragement of
transi%onal uses along highways results in adap%ve reuse projects along major corridors.
The proposed (CZD) CS rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed
Planning Board - February 6, 2025
ITEM: 2
uses are generally in line with those recommended for the Community Mixed Use place type, and the site is located
along a transi%oning commercial corridor near exis%ng commercial uses.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff’s recommenda%on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera%ons, and
technical review. The proposed use is in line with the recommenda%ons for the Community Mixed Use place type,
includes rela%vely low traffic generators, and is located near other commercial uses.
The proposed (CZD) CS rezoning is generally CONSISTENT with the Comprehensive Plan because the rezoning
provides for the types of uses recommended in the Community Mixed Use place type.
As a result, Staff recommends APPROVAL of the proposal.
Please refer to the Script for suggested and alterna9ve mo9on language.
ATTACHMENTS:
Descrip%on
Z25-01 PB Script
Z25-01 PB Staff Report
Z25-01 Zoning Map
Z25-01 Future Land Use Map
Z25-01 Mailout Map
Initial Application Cover Sheet
Z25-01 Initial Application
Concept Plan Cover Sheet
Z25-01 Concept Plan
Public Comments Cover Sheet
Public Comment In Opposition
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - February 6, 2025
ITEM: 2
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z25-01)
Request by Cindee Wolf with Design Solutions, applicant, on behalf of Ricardo Santiago, property
owner, to rezone one parcel totaling approximately 1.97 acres of land located at 6312 Castle Hayne
Road from R-15, Residential to (CZD) CS, Commercial Services district for the use of Contractor Office,
Retail Nursery, and a Live / Work Caretaker Unit 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 rezoning provides for the
types of uses recommended in the Community Mixed Use place type. I also find
recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the site is located along a transitioning commercial corridor near existing
commercial uses and conditions will reduce impacts on adjacent residential areas, with the
following conditions:
Proposed Conditions:
1. Proposed Uses will be limited to Wholesale Nursery, Retail Nursery, Landscape
Contractor Office, & Live / Work Caretaker Unit.
Planning Board - February 6, 2025
ITEM: 2 - 1 - 1
2. Existing circular driveway will be removed & abandoned. Proposed driveways to be
permitted by NCDOT.
3. The entire 35' setback behind the existing buildings will be considered bufferyard. No
activities shall occur in that area. A 20' Type 'A' transitional buffer will be maintained
along the remaining common property boundaries with residential use by preserving
existing vegetation and supplementing with additional plantings where necessary to
provide the opacity standard.
4. Exterior lighting, including luminaries and security lights, shall be arranged or shielded
so as not to cast illumination in an upward direction above an imaginary line extended
from the light sources parallel to the ground. Fixtures shall be numbered such that
adequate levels of lighting are maintained, but that light spillage and glare are not
directed at adjacent properties, neighboring areas or motorists.
5. Hours of operation shall be limited to M-F, 7 a.m. to 7 p.m. Sat 8 a.m. to 3 p.m. Sun 10
a.m. to 3 p.m.
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 rezoning provides for
the types of uses recommended in the Community Mixed Use place type, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest
because the use adversely impacts adjacent residential areas.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) CS 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 - February 6, 2025
ITEM: 2 - 1 - 2
Z25-01 Staff Report PB 2.6.2025 Page 1 of 13
STAFF REPORT FOR Z25-01
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z25-01
Request:
Rezoning to a Conditional CS district
Applicant: Property Owner(s):
Cindee Wolf with Design Solutions Ricardo Hernandez Santiago
Location: Acreage:
6312 Castle Hayne Road 1.97
PID(s): Comp Plan Place Type:
R01100-005-003-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Single Family Home
Landscape Contractor Office, Retail Nursery,
Wholesale Nursery, Live / Work Caretaker
Unit
Current Zoning: Proposed Zoning:
R-15, Residential (CZD) CS, Commercial Services
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential B-2, R-15
East Single Family Residential R-15
South Michael & Sons HVAC Services, Single Family
Residential B-2, R-15
West Ace Hardware, Blue Clay Bikes, Luck’s Tavern B-2
Planning Board - February 6, 2025
ITEM: 2 - 2 - 1
Z25-01 Staff Report PB 2.6.2025 Page 2 of 13
ZONING HISTORY
July 1, 1985 Initially Zoned as R-15 (Castle Hayne)
COMMUNITY SERVICES
Water/Sewer
CFPUA water and sewer are not available to this site. There is an existing
septic tank and well on site that will require review and permitting by
Environmental Health or a private company authorized to issue permits by
the state.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Castle Hayne Station 13.
Schools Castle Hayne Elementary, Holly Shelter Middle, Laney High Schools
Recreation Northern Regional Park, Blue Clay Bike Park, Riverside Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - February 6, 2025
ITEM: 2 - 2 - 2
Z25-01 Staff Report PB 2.6.2025 Page 3 of 13
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
· The applicant is proposing to convert an existing single-family home into an office for a
landscape contractor with a live/work caretaker residential unit. The request also includes
converting an existing accessory structure into a storage building with a retail counter for
the business, with outdoor space for a retail and / or wholesale plant nursery.
· The site includes the existing house located on the southern portion of the property.
Immediately north is the garage and storage building, a stormwater pond, customer
parking, and the retail / wholesale plant nursery in the northernmost portion of the site.
· An outdoor storage area for rock, mulch and bulk materials is located in the center of the
site, away from adjacent residences located to the east.
Office and
Caretaker Apt
Wholesale
and Retail
Nursery Area
Proposed
Stormwater
Storage Barn /
Retail counter
Entrance Only
Outdoor
Storage
Planning Board - February 6, 2025
ITEM: 2 - 2 - 3
Z25-01 Staff Report PB 2.6.2025 Page 4 of 13
· The applicant has included a condition limiting the proposed uses to contractor office with
outdoor storage, live/work caretaker unit, retail nursery, and wholesale nursery.
· The concept plan includes abandoning the existing circular driveway used to access the
house and installing two new one-way driveways to allow larger vehicles to navigate the
site.
· Employee parking is proposed behind the office and caretaker unit while customer parking
is proposed in the center of the property giving customers access to the plant nursery.
· In March 2024 the Planning Department received a complaint regarding noise and the use
as a landscape contractor office. Staff investigated the complaint and determined that the
owner was operating a landscape contractor office from a residential district.
· Since contractor offices are only permitted in commercial districts, staff issued a notice of
violation. The property owner is now in compliance as a Home Occupation use with no
vehicles or equipment related to the business allowed.
ZONING CONSIDERATIONS
· The R-15 district in this area was established in 1985. At the time, the purpose of the R-15
district was to ensure housing served by private septic and wells would be developed at
low densities.
· As currently zoned, the site would be allowed a maximum of 5 dwelling units at a density
of 2.5 dwelling units per acre under the performance residential development standards.
· While the site is zoned R-15, all properties adjacent to the north, south, and west have been
rezoned to B-2 Business for commercial purposes, some more recently and some in the late
1980s. This is a trend that is likely to continue along the Castle Hayne Road corridor.
· The CS district was established to accommodate a mixture of light manufacturing, wholesale,
storage, commercial service and repair, and distributive business type uses. It functions as a
support district to nearby industrial and commercial uses. The district is designed to act as a
transitional land use between intensive industrial and commercial development and less
intensive commercial, office, and institutional uses. The applicant is requesting a rezoning to
the CS district as opposed to B-2 because a live/work caretaker unit is permitted by right
in CS, and in the B-2 district it would requires a SUP.
· The UDO defines a wholesale nursery as a facility for the growing, displaying, and sale of
plant stock, seeds, or other horticulture items. This includes growing plants outdoors or in
greenhouses for sale as food or for use in landscaping or retail sales. Whereas, a retail
nursery is for the displaying and sale of plant stock, seeds, or other horticulture items.
· The use of contractor office is defined by the UDO as for day-to-day administrative and
clerical services for businesses providing contracted services. The applicant has limited this
specifically to a landscape contractor office.
· The applicant has proposed a condition stating the required 35’ rear setback will also be
considered buffer yard. Also included is a condition to preserve a 20-foot-wide landscape
buffer of existing vegetation that will be supplemented with additional plantings to meet
the ordinance’s Type A opaque buffer requirement.
Planning Board - February 6, 2025
ITEM: 2 - 2 - 4
Z25-01 Staff Report PB 2.6.2025 Page 5 of 13
· 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
conceptual plan, as defined by the UDO, would be allowed.
AREA DEVELOPMENTS
Planning Board - February 6, 2025
ITEM: 2 - 2 - 5
Z25-01 Staff Report PB 2.6.2025 Page 6 of 13
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning One single family dwelling.
PROPOSED ACCESS
Primary Access Castle Hayne Road
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Castle Hayne Road
Type of Roadway NCDOT minor arterial
Roadway Planning Capacity
(AADT) 17,374.69
Existing
Driveway to be
Abandoned
Planning Board - February 6, 2025
ITEM: 2 - 2 - 6
Z25-01 Staff Report PB 2.6.2025 Page 7 of 13
ENVIRONMENTAL
· The property is not within a Natural Heritage Area or a Special Flood Hazard Area.
· The property is within the Holly Shelter Creek watershed.
· Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I (Suitable) soils.
Latest Traffic Volume (AADT) 16,500
Latest WMPO Point-in-Time
Count (DT) 17,654
Current Level of Congestion Over 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 4 6 + 2
PM Peak Hour Trips 5 18 +13
Assumptions
Typical Development with Existing Conditions – max 5 single family
detached dwellings
Proposed Development – 2600 SF (total) landscape contractor office
and caretaker apartment, retail and wholesale nursery
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 minor arterial highway that is currently over capacity. The
project is below the peak hour threshold required for a TIA however the project will still be required
to go through engineering analysis for the proposed driveway realignment. The project proposes to
abandon the existing circular driveway and install a new one-way circular driveway with the
proposed entrance drive aligned with Old Bridge Site Road on the west side of Castle Hayne Road.
The applicant has consulted with NCDOT who have indicated the proposed driveway layout could
be acceptable pending full driveway permit review.
Planning Board - February 6, 2025
ITEM: 2 - 2 - 7
Z25-01 Staff Report PB 2.6.2025 Page 8 of 13
OTHER CONSIDERATIONS
New Hanover County Strategic Plan
On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-
2028. This plan focuses on three core areas: workforce and economic development, community
safety and well-being, and sustainable land use and environmental stewardship.
Strategic Plan Outcomes Relevant to
Proposal Analysis
A business-friendly environment that promotes
growth, agility, and collaboration.
The proposed (CZD) CS rezoning will help
achieve the target to maintain new business
growth within 2.5% of the state.
Through planned growth and development,
residents have access to their basic needs.
The proposed (CZD) CS rezoning will allow a
business 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.
Planning Board - February 6, 2025
ITEM: 2 - 2 - 8
Z25-01 Staff Report PB 2.6.2025 Page 9 of 13
Representative Developments
Existing site of Home Occupation use at 6312 Castle Hayne Road:
Existing residential structure
Representative Development of Wholesale Nursery:
Tinga Nursery – Castle Hayne Road
Planning Board - February 6, 2025
ITEM: 2 - 2 - 9
Z25-01 Staff Report PB 2.6.2025 Page 10 of 13
Representative Developments of Adaptive Reuse:
Ace Hardware in Wrightsboro
Five Oaks Nursery – Old Winter Park Road
Planning Board - February 6, 2025
ITEM: 2 - 2 - 10
Z25-01 Staff Report PB 2.6.2025 Page 11 of 13
Context and Compatibility
· The designation of this area as Community Mixed Use along with its proximity to the I-40
Castle Hayne interchange indicates the potential for additional commercial growth along
the Castle Hayne Road corridor.
· Adaptive reuse of residential buildings is common along largely commercial corridors, where
new single-family housing development is less likely.
· The subject property is bordered by undeveloped B-2 to the north, and B-2 commercial
across Castle Hayne Road and to the south. The proposed use aligns with the existing
development pattern along Castle Hayne Road.
· Due to the location and surrounding development patterns, the site is less likely to be
developed with low density housing, for which it is currently zoned.
· The proposed concept plan utilizes the existing house as a caretaker apartment and
landscape contractor office with the existing garage being used for storage. The northern
portion of the property will be used for the retail nursery. A stormwater pond is proposed
between the employee parking and the neighboring single family dwelling to the east. No
additional buildings are proposed.
· Due to the site’s proximity to adjacent single-family residential to the east, the design of
lighting associated with the business use may need additional consideration to ensure
compatibility.
· Additional consideration may be needed as to the hours of operation given the complaints
of noise and commercial use in a residential area that resulted in a zoning violation.
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 - February 6, 2025
ITEM: 2 - 2 - 11
Z25-01 Staff Report PB 2.6.2025 Page 12 of 13
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate use include office, retail, mixed use, recreational,
commercial, institutional, multi-family and single-family residential.
Analysis
The Comprehensive Plan classifies this property as Community Mixed Use.
This place type’s encouragement of transitional uses along highways results
in adaptive reuse projects along major corridors.
This area of Castle Hayne has historically been a mix of residential and
commercial uses. There are several commercial uses nearby, including a
contractor office, restaurant / bar, a hardware store, and a bicycle shop.
The proposed project and limited uses would be appropriate in this area
and could provide services to nearby residents. Commercial zoning districts
are encouraged given the proximity of this area to the I-40 Castle Hayne
Road interchange.
With the likelihood of increased commercial growth in the Castle Hayne
area and the proximity of existing residential uses to the site, the project
includes several conditions intended to reduce impacts on neighboring
properties. The proposed (CZD) CS rezoning is consistent with uses
recommended in the Comprehensive Plan and is an appropriate use along
the Castle Hayne Road corridor amidst other nearby commercial uses.
Consistency
Recommendation
The proposed (CZD) CS rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed uses are generally in line with
those recommended for the Community Mixed Use place type, and the site
is located along a transitioning commercial corridor near existing
commercial uses.
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. The proposed use is in line with the recommendations for the
Community Mixed Use place type, includes relatively low traffic generators, and is located near
other commercial uses.
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
rezoning provides for the types of uses recommended in the Community Mixed Use
place type. I also find recommending APPROVAL of the rezoning request is reasonable
and in the public interest because the site is located along a transitioning commercial
corridor near existing commercial uses and conditions will reduce impacts on adjacent
residential areas.
Planning Board - February 6, 2025
ITEM: 2 - 2 - 12
Z25-01 Staff Report PB 2.6.2025 Page 13 of 13
Proposed Conditions:
1. Proposed Uses will be limited to Wholesale Nursery, Retail Nursery, Landscape
Contractor Office, & Live / Work Caretaker Unit.
2. Existing circular driveway will be removed & abandoned. Proposed driveways to
be permitted by NCDOT.
3. The entire 35' setback behind the existing buildings will be considered bufferyard.
No activities shall occur in that area. A 20' Type 'A' transitional buffer will be
maintained along the remaining common property boundaries with residential use
by preserving existing vegetation and supplementing with additional plantings
where necessary to provide the opacity standard.
4. Exterior lighting, including luminaries and security lights, shall be arranged or
shielded so as not to cast illumination in an upward direction above an imaginary
line extended from the light sources parallel to the ground. Fixtures shall be
numbered such that adequate levels of lighting are maintained, but that light
spillage and glare are not directed at adjacent properties, neighboring areas or
motorists.
5. Hours of operation shall be limited to M-F, 7 a.m. to 7 p.m. Sat 8 a.m. to 3 p.m.
Sun 10 a.m. to 3 p.m.
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
rezoning provides for the types of uses recommended in the Community Mixed Use
place type, I find recommending DENIAL of the rezoning request is reasonable and in
the public interest because the use adversely impacts adjacent residential areas.
Planning Board - February 6, 2025
ITEM: 2 - 2 - 13
Planning Board - February 6, 2025
ITEM: 2 - 3 - 1
Planning Board - February 6, 2025
ITEM: 2 - 4 - 1
Planning Board - February 6, 2025
ITEM: 2 - 5 - 1
Initial Application
Documents & Materials
Planning Board - February 6, 2025
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
Ricardo Hernandez Santiago
137 Mendenhall Drive
Wilmington, NC 28411
910-231-1977
goodhandsnc@hotmail.com
Planning Board - February 6, 2025
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.
6312 Castle Hayne Road 323214.24.5255 [R01100-005-003-000]
1.97 ac. (85,721.s.f.) R-15 / Single-family Home Community Mixed-Use
1.97 ac.
8,000 s.f.
(CZD) CS
N/A
Planning Board - February 6, 2025
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:
Nursery (Garden Center) - ITE 817
2 Acres +/-
6 16
* Proposed Uses will be limited to Wholesale Nursery, General Contractor, Office & Retail Nursery.
* Existing circular driveway will be removed & abandoned. Proposed driveways to be permitted by NCDOT.
* The entire 35' setback behind the existing buildings will be considered bufferyard. No activities shall occur in that
area. A 20' Type 'A' transitional buffer will be maintained along the remaining common property boundaries with
residential use by preserving existing vegetation and supplementing with additional plantings where necessary to
provide the opacity standard.
* Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast
illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground.
Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are
not directed at adjacent properties, neighboring areas or motorists.
* Hours of operation shall be limited to M-F, 7 a.m. to 7 p.m. / Sat 8 a.m. to 3 p.m. / Sun 10 a.m. to 3 p.m.
Planning Board - February 6, 2025
ITEM: 2 - 7 - 3
Page 4 of 7
Conditional Zoning District Application – Updated 06-2023
6. Conditional Zoning District Considerations
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified
Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large.
The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria.
1. How would the requested change be consistent with the County’s policies for growth and development, as
described in the 2016 Comprehensive Plan, applicable small area plans, etc.
2. How would the requested Conditional Zoning district be consistent with the property’s classification on the
2016 Comprehensive Plan’s Future Land Use Map.
Planning Board - February 6, 2025
ITEM: 2 - 7 - 4
Page 5 of 7
Conditional Zoning District Application – Updated 06-2023
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is
the land involved unsuitable for the uses permitted under the existing zoning?
Planning Board - February 6, 2025
ITEM: 2 - 7 - 5
Page 6 of 7
Conditional Zoning District Application – Updated 06-2023
Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed
items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”.
Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will
confirm if an application is complete within five business days of submittal.
Application Checklist Applicant Initial
This application form, completed and signed (all property owners must sign signatory
page)
Application fee:
• $600 for 5 acres or less
• $700 for more than 5 acres
• $300 in addition to base fee for applications requiring TRC review
Community Information Meeting Report (complete and signed by agent or all property
owners)
Traffic Impact Analysis if applicable (use of attached report document is recommended)
• The official TIA approval letter is recommended prior to this item being placed 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
N/A
CAW
CAW
Planning Board - February 6, 2025
ITEM: 2 - 7 - 6
Planning Board - February 6, 2025
ITEM: 2 - 7 - 7
Planning Board - February 6, 2025
ITEM: 2 - 7 - 8
Planning Board - February 6, 2025
ITEM: 2 - 7 - 9
Legal DescripƟon for
CondiƟonal District Rezoning of
6312 Castle Hayne Road
Beginning at a point in the eastern boundary of Castle Hayne Road (U.S. Hwy. 117), a variable-
width public right-of-way; said point being at the northwestern corner of “Tract 1,” shown on a
plat enƟtled “Bluebird Commercial ProperƟes, L.L.C.,” recorded among the land records of the
New Hanover County Registry in Map Book 68, at Page 361; and running thence:
North 13056’57” East, 149.53 feet to a point; thence
North 13053’16” East, 299.63 feet to a point; thence
South 84014’44” East, 174.03 feet to a point; thence along the line of a ditch, known as Blossom
Branch, a Ɵe line of
South 09013’46” West, 441.58 feet to a point;
North 85017’28” West, 211.00 feet to the point and place of beginning, containing 1.97 acres,
more or less.
Planning Board - February 6, 2025
ITEM: 2 - 7 - 10
Planning Board - February 6, 2025
ITEM: 2 - 7 - 11
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
6312 Castle Hayne Road 323214.24.5255 [R01100-005-003-000]
In-person w/ info provided for alternativecontact if not able to attend 6312 Castle Hayne Road
Location of the proposed project
Tuesday, October 15th, 6:00 p.m.
Planning Board - February 6, 2025
ITEM: 2 - 7 - 12
Page 2 of 2
Community Information Meeting Report – Approved 06-2022
List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications
were made, please explain why)
Report Attachments
All of the following items must be submitted as part of the required community information meeting report in addition
to this form.
Checklist Applicant Initial
A list of names and addresses of attendees
A list of the names and addresses of invitees and copies of any returned mailings received to date
A copy of the mailed notice with all attachments
A copy of all materials distributed or presented at the meeting
Acknowledgement and Signatures
By my signature below, I hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] _____________________________. A copy of the written notice is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting.
Signature of Applicant or Applicant’s Agent Print Name
Date
CAW
CAW
CAW
CAW
October 4, 2024
01/02/25
Cynthia A Wolf / Design Solutions
Planning Board - February 6, 2025
ITEM: 2 - 7 - 13
Planning Board - February 6, 2025
ITEM: 2 - 7 - 14
PROPERTIES WITHIN A 500' PERIMETER OF 6312 CASTEL HAYNE ROAD:
SUBJECT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP
SANTIAGO RICARDO HERNANDEZ 137 MENDENHALL DR WILMINGTON NC 28411
ADJACENT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP
B & P OF WILMINGTON LLC 3301 CASTLE HAYNE RD CASTLE HAYNE NC 28429
BLANTON MARION N TONYA M 3835 NORTHEAST AVE CASTLE HAYNE NC 28429
COOK GEORGE W ETAL PO BOX 366 WRIGHTSVILLE BEACH NC 28480
CROOM GORDON PO BOX 726 CASTLE HAYNE NC 28429
CROOM GORDON R ETAL 6217 ORANGE ST CASTLE HAYNE NC 28429
CROOM KEVIN SONYA A 6214 BLOSSOM ST CASTLE HAYNE NC 28429
CROOM WILLIAM AARON 6309 ORANGE ST CASTLE HAYNE NC 28429
FOSTER MARVIN J SR MOLLIE F 6425 ORANGE ST CASTLE HAYNE NC 28429
GEARWAR DAVID REBECCA GELLMAN 6507 OLD BRIDGESITE RD CASTLE HAYNE NC 28429
HOPKINS ASHLEY D 6419 ORANGE ST CASTLE HAYNE NC 28429
JAMES ALETHA 6407 ORANGE ST CASTLE HAYNE NC 28429
LEWIS JANE TRUSTEE 6917 OLD BRIDGE SITE RD CASTLE HAYNE NC 28429
LEWIS MARCUS THOMAS PO BOX 116 CASTLE HAYNE NC 28429
MCNEIL GREGORY A 6401 ORANGE ST CASTLE HAYNE NC 28429
MEYER FRANK D 6201 CASTLE HAYNE RD CASTLE HAYNE NC 28429
MST1 LLC 5740 GEN WASHINGTON DR ALEXANDRIA VA 22312
NC DEPT OF TRANS 5501 BARBADOS BLV CASTLE HAYNE NC 28429
ONEAL MARK CHASE 106 RAVENSWOOD RD HAMPSTEAD NC 28443
REEVES HOLDINGS LLC 214 RESOE CREEK LN ROCKY POINT NC 28457
RIPTIDE MARINE LLC 1520 FIELD VIEW RD WILMINGTON NC 28411
ROBINSON MILES 6208 BLOSSOM ST CASTLE HAYNE NC 28429
RODERICK THURMAN WENDY 6311 ORANGE ST CASTLE HAYNE NC 28429
ROSS DUANE CHEETAH 6405 ORANGE ST CASTLE HAYNE NC 28429
SETZER STEPHEN C KIMBERLY 40 BUNN AVE ZEBULON NC 27597
TAYLOR JEFFREY E KATHRYN 6315 ORANGE ST CASTLE HAYNE NC 28429
TENORSAX LLC 1815 REGISTER LN WILMINGTON NC 28411
Planning Board - February 6, 2025
ITEM: 2 - 7 - 15
October 4, 2024
To: Adjacent Property Owners
This is a notice for a community information meeting. An upcoming zoning and special use
permit request will be made on behalf of Good Hands, a landscape and outdoor living business.
They wish to locate their offices and retail nursery business on the property located at 6312
Castle Hayne Road. The business owner, Richardo Santiago, is also the property owner. The
subject lot is approximately 2.0 acres.
The rezoning petition would be requested as a Conditional Zoning District in New Hanover
County. A “CD” allows particular uses to be established only in accordance with specific
standards and conditions pertaining to each individual development project. Essentially, this
means that only the specific use(s) and the proposed site improvements of an approved
petition can be developed.
Your property is located in the proximity, within a 500’ perimeter of the outer boundary of the
project area. The meeting is an opportunity for further explanation of the proposal, and for
questions to be answered concerning project improvements, benefits and impacts. It will be
held on Tuesday, October 15th, 6:00 p.m., in the house on the property, addressed 6312 Castle
Hayne Road.
If you cannot attend, you are welcome to contact Cindee Wolf at telephone # 910-620-2374, or
email cwolf@lobodemar.biz with comments and/or questions.
We look forward to your interest, continuing being a good neighbor, and being an asset to the
community.
Planning Board - February 6, 2025
ITEM: 2 - 7 - 16
Planning Board - February 6, 2025
ITEM: 2 - 7 - 17
Planning Board - February 6, 2025
ITEM: 2 - 7 - 18
Concept Plan
Planning Board - February 6, 2025
ITEM: 2 - 8 - 1
Planning Board - February 6, 2025
ITEM: 2 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 1
Planning Board - February 6, 2025
ITEM: 2 - 10 - 1
1
Doss, Amy
From:William Croom <wcroom76@yahoo.com>
Sent:Tuesday, January 28, 2025 11:54 AM
To:Doss, Amy
Subject:1105 public comment form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Hello Amy. My name is William Croom. I live at 6309 Orange Street Castle Hayne North Carolina. I'm
writing you in regards to 6312 Castle Hayne road, ordinance changed from R15 to CZD-CS. The neighbors
and myself have discussed it and we are definitely against this. This man has already been run off one
piece of residential property in New Hanover county previously. That came from one of your own
employees. We cannot find the comment section for this particular hearing on NHC gov. He has
terrorized us with heavy equipment and back up alarms for years, the county finally put a stop to it after
multiple complaints but now he is trying to switch it to commercial. No one is trying to stop this man from
running his business, but we are not happy about commercial heavy equipment with backup alarms
running $150 ft behind our back doors almost on a daily basis loading and unloading sod and trees. If you
could please figure out how to upload the comment section for this particular case we would greatly
appreciate it. We will see you at the hearing. Neighbors of the old point vineyard.
Yahoo Mail: Search, Organize, Conquer
Planning Board - February 6, 2025
ITEM: 2 - 11 - 1