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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
Craig Johnson
PO Box 538
Wrightsville Beach, NC 28480
910-442-7500
craig@herringtonclassichomes.com
Canh Nguyen
824 Bluestone Rd.
Durham, NC 27713
Ngoc NguyenHeron Cove Development, LLC
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Conditional Zoning District Application – Updated 06-2023
2.Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage 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.
6425, 6437 Gordon Rd. & 1927 Gordon Acres Dr.
R04300-003-025-000,
R04300-003-057-000, and R04300-003-026-010
10.8 acres Existing Zoning and Use(s)
R-15 -Vacant and Residential
8 units/acre
See Attached.
10.8 acres
General Residential
R-5
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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:
See Attached.
LUC 210
81 single family units
61 82
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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.
See Attached.
See Attached.
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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?
See Attached.
3. Proposed Zoning, Use(s), & Narrative
Please list the 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.
Heron Cove Development, LLC is requesting the property, including parcels R04300-003-025-000,
R04300-003-057-000, and R04300-003-026-010, be rezoned to from R-15 to Residential
Moderate-High Density (R-5) District for an eighty-one (81) lot, single family detached residential
use of the property to provide a necessary missing middle housing opportunity. 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 proposed project is an infill development located on three tracts of mostly
vacant land, which includes three mobile homes, and is surrounded by developed single-family
residential properties.
The Future Land Use Map identifies this site as General Residential. General Residential focuses
on lower density housing ranging up to approximately 8 units per acre and typically consisting of
single-family or duplexes. The proposed project is for single-family residential at under 8 units
per acre which aligns with the properties’ classifications on the 2016 Comprehensive Plan’s
Future Land Use Map.
Wetlands are present on the site; however, they are primarily concentrated along the stream
corridor, which aligns with the proposed sanitary sewer route. All applicable stream and wetland
buffers will be maintained as required by local and state regulations and permitting. The project
proposes this as open space with no residential units near the wetlands.
The project will have access via of the public right of way of Gordon Road and connect to CFPUA
for water and sewer. A Traffic Impact Analysis is not required due to the trip generation. The Heron
Cove neighborhood is set to benefit from the planned widening of Gordon Road (SR 2048) from I-
40 to Market Street (US 17) in New Hanover County, as part of NCDOT Project U-6202. This
initiative aims to enhance capacity and alleviate congestion along Gordon Road, accommodating
the area's growth. Once completed, these improvements will significantly enhance traffic flow and
accessibility around the development site. This project will include a sidewalk connection to the
newly constructed multiuse path on Gordon Road.
Heron Cove will offer well-constructed, brand-new single-family detached homes at an attainable
price point, helping to address the growing demand for quality affordable housing in the region.
The site is ideally located, providing residents with convenient access to major transportation
routes, including I-40 to the west and I-140 via Military Cutoff Road to the east. This strategic
location enhances connectivity to employment centers, schools, retail, and other essential services,
making it an ideal choice for working families and first-time homebuyers.
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.
The Applicant to include an emergency only access to Daniel Boone Trail.
The Applicant proposes to include, at minimum, a one car garage to each home.
The Applicant will provide a six-foot fence in the rear of each lot of the Heron Cove
neighborhood.
6. Conditional Zoning District Considerations
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.
The proposed project is currently classified General Residential on the Future Land Use Map and
bordered by General Residential and Community Mixed Use. General Residential focuses on
lower density housing ranging up to approximately 8 units per acre and typically consisting of
single-family or duplexes. The proposed project is for single-family detached residential units at
under 8 units per acre which aligns with the properties’ classifications on the 2016
Comprehensive Plan’s Future Land Use Map.
New Hanover County continues to face growing demand for housing due to population growth
and limited supply. As home prices rise, many residents struggle to find housing. Increasing the
housing supply, particularly a mix of housing types and price points, can help ease this pressure
and improve overall affordability. Strategic infill development and thoughtful land use planning
are essential tools in addressing this housing need.
The single family residential would assist with the County’s Strategic Plan Objective of enhancing
the self-sufficiency of individuals and families and Goal XV of providing a range of housing types,
opportunities, and choices. This project will provide a safe and conveniently located community
and provides another housing type near the employment centers as it is located near a park, fire
station, elementary school, and shopping.
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.
The proposed project is currently zoned General Residential and bordered by general residential.
General Residential focuses on lower density housing ranging up to approximately 8 units per
acre typically consisting of single family or duplexes. The proposed project is for single-family
detached residential units at under 8 units per acre which aligns with the properties’
classifications on the 2016 Comprehensive Plan’s Future Land Use Map.
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?
The project site is bordered on the west by the Daniel Boone Trail neighborhood and to the east
by the Gordon Acres Road neighborhood. Also nearby is Ellington Farms, an apartment complex
zoned MD-10.
The surrounding properties have not been developed in the typical R-15 purpose of very low to
low density residential development and the R-5 zoning with single family detached homes would
be a proper transition to the surrounding neighborhoods.
The neighborhood would be approximately one mile from Ogden Park and the NCDOT project U-
6202 will provide a multiuse path from the neighborhood to the park as well as the commercial
center at the intersection of Gordon Road and market Street. This single family detached home
neighborhood would be within close proximity to parks, services, and employment opportunities.