HomeMy WebLinkAbout10-2-2025 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
OCTOBER 2, 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
Rezoning Request (Z25-16) – Request by A;lano Cardenas and Sebas;an Cardenas, applicants,
on behalf of Phillip and Prince<a Pierce, property owners, to rezone approximately 0.39 acres
located at 2624 Castle Hayne Road from an exis;ng (CZD) B-1, Neighborhood Business district to
a new (CZD) B-1 district for the uses of grocery store and restaurant. This item was connued
from the September 4, 2025 regular meeng.
2 Public Hearing
Rezoning Request (Z25-17)- Request by Mike Brown with Cape Fear Development, applicant, on
behalf of OFSC Proper;es, LLC, Ammo Dump / Lake + 9, LLC, and the D. Webster Trask
Revocable Trust, property owners, to rezone approximately 95 acres zoned I-2, Heavy Industrial
and approximately 13 acres zoned I-1, Light Industrial for a total of 108 acres located in the 3100
to 4200 block of Blue Clay Road to a general use RMF-L, Residen;al Mul;-Family Low Density
zoning district and removing the Special Highway Overlay District (SHOD).
Planning Board - October 2, 2025
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 10/2/2025
Regular
DEPARTMENT: Planning PRESENTER(S): Katherine May, Development Review Planner
CONTACT(S): Katherine May; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning and
Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z25-16) – Request by A5lano Cardenas and Sebas5an Cardenas, applicants, on behalf of Phillip
and Prince;a Pierce, property owners, to rezone approximately 0.39 acres located at 2624 Castle Hayne Road from
an exis5ng (CZD) B-1, Neighborhood Business district to a new (CZD) B-1 district for the uses of grocery store and
restaurant. This item was connued from the September 4, 2025 regular meeng.
BRIEF SUMMARY:
The applicant is proposing to construct one building consis#ng of 5,264 square feet for the use of a small grocery store
and sit-down restaurant. The applicant currently operates a small grocery store just south of the property in a
commercial development. The intent is to relocate the current grocery opera#ons to this property and expand the
business to include a restaurant.
The case was con#nued at the September 4, 2025 Planning Board mee#ng due to outstanding comments regarding the
concept plan. The con#nuance allowed the applicant #me to update the plan with the necessary changes
recommended by staff, WMPO, and NCDOT.
The property was rezoned in 2012 as part of a larger request that also included two parcels to the south, later
developed as a Family Dollar. The subject parcel was not included in the commercial concept plan at that #me and has
remained undeveloped. Because the site was condi#onally zoned without a concept plan, a new rezoning with an
associated concept plan is required before the site can be developed.
Under current zoning, the site cannot be developed and would generate no traffic. The proposed development is
projected to generate 28 AM and 38 PM peak-hour trips. The site is located along a minor arterial highway that is
already over capacity, with a single proposed driveway access on Castle Hayne Road. Two other driveways are located
within 100 feet for the proposed access due to the narrow width of the parcel. While the project is expected to
generate fewer than 100 daily trips, it is an#cipated to have small impact to traffic.
The comprehensive plan designates this property as Community Mixed Use which focuses on small-scale, compact,
mixed use development pa<erns that serve all modes of travel and act as an a<ractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recrea#onal, commercial, ins#tu#onal, and mul#-family and
single-family residen#al.
The proposed (CZD) B-1 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed
use is recommended for the Community Mixed Use place type. Staff is recommending approval of the rezoning with
the updated concept plan.
Planning Board - October 2, 2025
ITEM: 1
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. Although the site was previously rezoned to a condi#onal B-1 district, it was never developed
because no concept plan was approved. The current request provides a concept plan and introduces two new uses
consistent with the Community Mixed Use place type and the nearby Wrightsboro commercial node. In addi#on to
carrying forward condi#ons from the prior rezoning, the request includes new condi#ons designed to limit poten#al
impacts on the surrounding area.
As a result, staff recommends APPROVAL of the proposal.
Please refer to the Script for suggested and alterna5ve mo5on language.
ATTACHMENTS:
Descrip#on
Z25-16 - Planning Board Script
Z25-16 - Staff Report
Z25-16 - Zoning Map
Z25-16 - FLUM Map
Z25-16 - Mailout Map
Z25-16 - Application Cover Sheet
Z25-16 - Application
Z25-16 - Concept Plan Coversheet
Z25-16 - Concept Plan
Z25-16 - Public Comments Coversheet
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - October 2, 2025
ITEM: 1
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z25-16)
Request by Atilano Cardenas and Sebastian Cardenas, applicants, on behalf of Phillip and
Princetta Pierce, property owners, to rezone approximately 0.39 acres located at 2624 Castle
Hayne Road from an existing (CZD) B-1, Neighborhood Business district to a new (CZD) B-1
district for the uses of grocery store and restaurant.
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 it allows for an additional grocery option
for the community and will support a local business.
Planning Board - October 2, 2025
ITEM: 1 - 1 - 1
Proposed Conditions:
1. The list of approved uses shall be limited to Grocery, Restaurant, and General Retail.
2. A minimum 5-foot-wide public access easement shall be provided along the frontage
parallel to Castle Hayne Road to accommodate future bicycle and pedestrian access.
3. The specimen live oak tree at the northeast corner of the property must be retained and
protected during construction in accordance with the UDO standards.
4. The location of the dumpster will be located and screened in accordance with the
standards of the UDO.
5. A drive-thru is not allowed.
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 may be too intense for the size of the parcel and
the surrounding land uses.
Planning Board - October 2, 2025
ITEM: 1 - 1 - 2
Z25-16 Staff Report PB 10.2.2025 Page 1 of 13
STAFF REPORT FOR Z25-16
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z25-16
Request:
Rezoning to a Conditional B-1, Neighborhood Business
Applicant: Property Owner(s):
Atilano Cardenas & Sebastian Cardenas Philip & Princetta Pierce
Location: Acreage:
2624 Castle Hayne Rd 0.39
PID(s): Comp Plan Place Type:
R03311-004-017-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Restaurant, Grocery
Current Zoning: Proposed Zoning:
(CZD) B-1, Neighborhood Business (CZD) B-1, Neighborhood Business
SURROUNDING AREA
LAND USE ZONING
North Medical Office (CZD) B-1
East Developed Residential SC
South Family Dollar, O’Reilly Auto Parts (CZD) B-1
West Advance Auto Parts R-20
Planning Board - October 2, 2025
ITEM: 1 - 2 - 1
Z25-16 Staff Report PB 10.2.2025 Page 2 of 13
ZONING HISTORY
October 4, 1976 Initially zoned R-20 (Area 10A)
December 3, 2012 Rezoned from R-20 to (CZD) B-1 for retail use (Z-923)
May 6, 2013 Modification of the setbacks approved for the retail use (Z-923M)
March 7, 2019 The applicant withdrew a request for a straight B-1 district following a
recommendation of denial from the Planning Board (Z19-04).
COMMUNITY SERVICES
Water/Sewer Water and sewer services are available through CFPUA.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Wrightsboro Station
Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High
Schools
Recreation Cape Fear Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - October 2, 2025
ITEM: 1 - 2 - 2
Z25-16 Staff Report PB 10.2.2025 Page 3 of 13
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
Sign
Parking
Castle Hayne Road
Dumpster
5,264 Sq Ft Building
for Grocery and
Restaurant Uses
Specimen Tree
Access
Parking
Loading Area
Pedestrian Easement
Planning Board - October 2, 2025
ITEM: 1 - 2 - 3
Z25-16 Staff Report PB 10.2.2025 Page 4 of 13
• The property was rezoned in 2012 as part of a larger request that also included two parcels to
the south, later developed as a Family Dollar. The subject parcel was not part of the
commercial concept plan at that time and has remained undeveloped. Because the site was
conditionally zoned without a concept plan, a new rezoning with an associated concept plan
is required before the site can be developed.
• The applicant proposes a 5,264-square-foot building for a combined grocery store and sit-
down restaurant. The project does not include a drive-through. The business currently
operates a grocery store in a shopping center south of the site and intends to relocate and
expand operations at this location.
• This item was originally scheduled for the September 4 Planning Board meeting. Due to
concerns with the concept plan raised by staff, the WMPO, and NCDOT, the applicant
requested a continuance to the October meeting to allow time for revisions.
• Changes include reducing site access from two driveways to one and relocating the driveway
access in compliance with NCDOT standards, adding the dumpster location and relocating it
to accommodate the required Type A buffer along the rear property boundary, identifying the
sign location in the front street yard, and orienting the building to accommodate delivery
trucks. The design also avoids impacts to a specimen live oak at the rear of the property. As
specimen trees must be permanently preserved, a condition has been included reiterating the
importance of the county’s existing tree protection standards during construction.
• The concept plan also incorporates the five-foot pedestrian and cycling easement required by
the 2012 rezoning, which remains a condition of the current request.
ZONING CONSIDERATIONS
• The B-1 district was established to accommodate a range of small-scale, low-intensity,
neighborhood-serving commercial development that provide goods and services to residents
of adjacent neighborhoods. District regulations are intended to ensure uses, development
intensities, and a development form that is consistent with a pedestrian-friendly, walkable,
and neighborhood scale. Mixed use development is allowed that is consistent with district
character.
• While the property is already zoned (CZD) B-1, the site must be rezoned again for any potential
development given the lack of site plan for this specific parcel.
• The following conditions were approved as part of the previous rezoning:
1. Retail hours limited from 9:00 a.m. to 9:00 p.m. to mitigate concerns from adjoining
residential property owners.
2. Specific land uses permitted limited to General Merchandise Stores and Miscellaneous
Retail
3. The inclusion of a small wedge of land zoned AR Airport Residential located in the
northeastern corner of the property located at 2620 Castle Hayne Road.
4. Directional lighting installed to reduce light pollution on adjacent properties.
5. The creation of a five (5) foot easement fronting the property for a future sidewalk.
Planning Board - October 2, 2025
ITEM: 1 - 2 - 4
Z25-16 Staff Report PB 10.2.2025 Page 5 of 13
6. Approval of a septic tank permit thru the County’s Environmental Health Department.
7. The mitigation of trees located on site in accordance with the Zoning Ordinance.
• Due to the changes in the UDO since the approval of the last rezoning, several of these
conditions are no longer necessary or apply. Conditions 2 and 4 no longer apply due to UDO
updates. Condition 3 is no longer necessary as it was already rezoned. Condition 6 is no longer
necessary as CFPUA sewer and water is available. Hours of operation is not a condition staff
can easily enforce and is not recommended to be carried over.
• Staff is proposing to carry over the following conditions that are already approved for the site
with a few modifications.
1. The list of approved uses shall be limited to Grocery, Restaurant, and General Retail.
2. A minimum 5-foot-wide public access easement shall be provided along the frontage
parallel to Castle Hayne Road to accommodate future bicycle and pedestrian access.
3. The live oak tree at the northeast corner of the property must be retained and
protected during construction.
• In the B-1 district there are no minimum requirements for lot area or lot width. The setbacks
for the B-1 district are 25 feet from the front, 0 feet from the sides when abutting commercial
property, and 30 feet from the rear when abutting residential property.
• The dumpster shall be screened from the view of any public right-of-way or adjacent property
by vegetative materials, berms, fencing, walls, and/or any combination thereof to a height of
at least eight feet.
• Street yard, parking lot landscaping, and foundation plantings will be required as part of the
TRC process. In addition, a Type A opaque buffer is required between the site and the
residential property to the east.
• UDO Definition of Grocery Store:
o An establishment that offers a diverse variety of unrelated, non-complementary food
and non-food commodities such as beverages, dairy, dry goods, fresh produce, and
other perishable items, frozen foods, household products, and paper goods; may
include a prescription pharmacy, coffee shop, and/or delicatessen and prepare minor
amounts of food on-site for immediate consumption.
• UDO Definition of Restaurant:
o Establishments where food and beverages are prepared and sold on a retail basis for
consumption on or off premises as its principal business.
• There are no additional requirements specific to grocery stores or restaurants.
• 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.
Planning Board - October 2, 2025
ITEM: 1 - 2 - 5
Z25-16 Staff Report PB 10.2.2025 Page 6 of 13
AREA DEVELOPMENTS
Planning Board - October 2, 2025
ITEM: 1 - 2 - 6
Z25-16 Staff Report PB 10.2.2025 Page 7 of 13
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Vacant commercially zoned land.
PROPOSED ACCESS
Primary Access Castle Hayne Road
Secondary Access N/A
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Castle Hayne Road
Type of Roadway NCDOT minor arterial
Planning Board - October 2, 2025
ITEM: 1 - 2 - 7
Z25-16 Staff Report PB 10.2.2025 Page 8 of 13
Roadway Planning Capacity
(AADT) 16,803
Latest Traffic Volume (AADT) 19,000
Latest WMPO Point-in-Time
Count (DT) 17,234 – Castle Hayne Rd between Swartville Rd and Old Mill Rd
Current Level of Congestion Over Capacity
NEARBY NCDOT STIP ROADAWAY PROJECTS
U-5863 – Castle Hayne Road
Widening
• Widen Castle Hayne Road into multi-lanes from I-140
to Division Drive.
• Project is currently unfunded.
TRAFFIC GENERATION
Traffic Generated by
Present Designation
Traffic Generated
by Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 0 28 +28
PM Peak Hour Trips 0 38 +38
Assumptions Proposed Development – 3,264 sq ft grocery store, 2,000 sq ft
restaurant
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. There is
one State Transportation Improvement Project in the area to address roadway conditions, however it
is currently unfunded. The project proposes one new driveway access onto Castle Hayne Road. Due to
the narrow width of the parcel, the new driveway will be less than 100 feet north or south from another
existing driveway. While the project is relocating an existing business to another location on Castle
Hayne Road, and the estimated trips are below the requirement for a traffic impact analysis, staff
anticipates the project would result in some increased traffic in the area. However, the project is near
the intersection of Kerr and Castle Hayne and is carrying forward a condition for a future bike and
pedestrian easement along the road that could provide some reduction in vehicle trips to the site.
NCDOT will also review the project through the driveway permitting process to ensure adequate ingress
and egress.
Planning Board - October 2, 2025
ITEM: 1 - 2 - 8
Z25-16 Staff Report PB 10.2.2025 Page 9 of 13
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or a Special Flood Hazard Area.
• There are no known conservation resources.
• The property is within the Ness Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (Moderate Limitation) soils. However, the project will be connected
to CFPUA water and sewer.
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
Residents feel supported and connected to
their community.
The proposed (CZD) B-1 rezoning will provide
the surrounding community with a locally
owned and operated grocery store and
restaurant. This meets this strategic goal by
supporting the community's residents with a
permanent food source option while also
allowing a resident to own and operate a
business within their community.
A business-friendly environment that promotes
growth, agility, and collaboration.
The applicant currently runs a similar business
nearby in a rented space. Their goal is to expand
operations by moving to a permanent location
in the same community. This meets this strategic
goal by promoting the establishment of a local
business.
Planning Board - October 2, 2025
ITEM: 1 - 2 - 9
Z25-16 Staff Report PB 10.2.2025 Page 10 of 13
Representative Developments
Representative Development of a Small Grocery Store with a Restaurant:
Los Portales – Kerr Ave
Representative Development of a Small Grocery Store:
La Huerta – Kerr Ave
Planning Board - October 2, 2025
ITEM: 1 - 2 - 10
Z25-16 Staff Report PB 10.2.2025 Page 11 of 13
Context and Compatibility
• The property is located in a transitioning commercial area along Castle Hayne Road, close to
the Wrightsboro commercial node.
• The property is surrounded by commercial development on three sides, including the
neighboring property to the north which was rezoned to (CZD) B-1 in April of 2025.
• There is one proposed access to Castle Hayne Road and driveway permit from NCDOT will be
required.
• This parcel was part of a larger rezoning in 2012 in which the subject area was rezoned from
residential to commercial with the southern parcels developed into a Family Dollar. Though
the subject parcel was included in the larger 2012 rezoning, the approved site plan did not
include plans for this parcel and as a result this parcel was never developed.
• The applicant currently operates a small grocery store, just south of the subject site, at 2528
Castle Hayne Road. If approved, they plan to expand operations to include food service at the
new location.
• While there is a Food Lion grocery store across the street in a larger commercial development,
a small grocery store would provide an additional option for local residents should the project
be approved.
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 - October 2, 2025
ITEM: 1 - 2 - 11
Z25-16 Staff Report PB 10.2.2025 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 uses include office, retail, mixed use,
recreational, commercial, institutional, and multi-family and single-family
residential.
Analysis
The subject property is located just north of a commercial node in the
Wrightsboro community area along Castle Hayne Road and is surrounded by
commercially zoned property on three sides. The area continues to see an
increase in commercial development, including the neighboring property to
the north which was rezoned to (CZD) B-1 in April of 2025.
The site, which is currently zoned as commercial, is classified as Community
Mixed Use in the Comprehensive Plan which encourages a mix of uses
including, commercial, civic, and mixed-use development.
The proposed (CZD) B-1 rezoning is consistent with the uses and intensity
recommended in the Comprehensive Plan. The proposed use of grocery store
and restaurant would support the surrounding community by offering an
additional grocery option as well as allowing a local business owner to own
and operate their business in a permanent location.
Consistency
Recommendation
The proposed (CZD) B-1 rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed use is recommended for the
Community Mixed Use place type, and the site is located near supportive land
uses in an increasingly commercial corridor.
Planning Board - October 2, 2025
ITEM: 1 - 2 - 12
Z25-16 Staff Report PB 10.2.2025 Page 13 of 13
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. Although the site was previously rezoned to a conditional B-1
district, it was never developed because no concept plan was approved. The current request provides
a concept plan and introduces two new uses consistent with the Community Mixed Use place type
and the nearby Wrightsboro commercial node. In addition to carrying forward conditions from the
prior rezoning, the request includes new conditions designed to limit potential impacts on the
surrounding area.
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 it allows for an additional grocery option for the community and will
support a local business.
Staff Proposed Conditions:
1. The list of approved uses shall be limited to Grocery, Restaurant, and General Retail.
2. A minimum 5-foot-wide public access easement shall be provided along the frontage
parallel to Castle Hayne Road to accommodate future bicycle and pedestrian access.
3. The specimen live oak tree at the northeast corner of the property must be retained
and protected during construction in accordance with UDO standards.
4. The location of the dumpster will be located and screened in accordance with the
standards of the UDO.
5. The driveway location will be amended based on the feedback from NCDOT during
the TRC review process.
6. A drive-thru is not allowed.
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 may be too intense for the size of the parcel and the
surrounding land uses.
Planning Board - October 2, 2025
ITEM: 1 - 2 - 13
Planning Board - October 2, 2025
ITEM: 1 - 3 - 1
Planning Board - October 2, 2025
ITEM: 1 - 4 - 1
Planning Board - October 2, 2025
ITEM: 1 - 5 - 1
Initial Application
Documents & Materials
Planning Board - October 2, 2025
ITEM: 1 - 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
Planning Board - October 2, 2025
ITEM: 1 - 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.
Planning Board - October 2, 2025
ITEM: 1 - 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:
Planning Board - October 2, 2025
ITEM: 1 - 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 - October 2, 2025
ITEM: 1 - 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 - October 2, 2025
ITEM: 1 - 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
Planning Board - October 2, 2025
ITEM: 1 - 7 - 6
Page 7 of 7
Conditional Zoning District Application – Updated 06-2023
Documentation on soil types and infiltration rates if underground stormwater facilities
proposed
One (1) digital PDF copy of ALL documents AND plans
7. Acknowledgement and Signatures
By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional
Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be
correct. I certify that this application is complete and that all information presented in this application is accurate to
the best of my knowledge, information, and belief.
If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on
my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my
behalf to:
1. Submit an application including all required supplemental information and materials;
2. Appear at public hearings to give representation and comments;
3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or
arising out of this application; and
4. Provide written consent to any and all conditions of approval.
Signature of Property Owner(s) Print Name(s)
Signature of Applicant/Agent Print Name
Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is
required for each owner of record.
Note: If changes are made to the proposal after the application completeness determination that require additional
staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No
changes will be accepted by staff after the applications are posted at the time of public notice.
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice
has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is
requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are
under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee
schedule as published on the New Hanover County Planning website will be required.
Planning Board - October 2, 2025
ITEM: 1 - 7 - 7
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
Planning Board - October 2, 2025
ITEM: 1 - 7 - 8
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
Planning Board - October 2, 2025
ITEM: 1 - 7 - 9
commercial premmise GENERAL plan
Arch :ROGER CARDENAS HERNANDEZ
Atilano cardenas
2624 Castle H AYNE rd
Wilmington nc 28401
2624 Castle H AYNE rd
Wilmington nc 28401
store & Restaurant el paso
150 ft
106.4 ft120 ft
150.6 ft
Planning Board - October 2, 2025
ITEM: 1 - 7 - 10
OWN1 Owner_Address Owner_City
SOLANA ALAN TRUSTEE 1650 MILITARY CUTOFF RD SUITE 200 WILMINGTON, NC 28403
MORTON STEVEN C PATRICIA J 111 HORNE PLACE DR WILMINGTON, NC 28401
JEWELL JOSEPH A DEBORAH A 116 HORNE PLACE DR WILMINGTON, NC 28401
JOHNSON RANSOM C JR 115 HORNE PLACE DR WILMINGTON, NC 28401
HAGER JOHN A ETAL 112 HORNE PLACE DR WILMINGTON, NC 28401
SHORT ANDREW D 3321 AMMONS DR WILMINGTON, NC 28405
HUGHES JOYCE S 5917 MYRTLE GROVE RD WILMINGTON, NC 28409
INMAN DAN E MARIE P 130 CARL SEITTER DR WILMINGTON, NC 28401
WILLIAMS SAMANTHA 2701 CASTLE HAYNE RD WILMINGTON, NC 28401
PHILLIPS 66 COMPANY PO BOX 5600 BARTLESVILLE, OK 74005
ADVANCE STORES COMPANY INC 5008 AIRPORT RD ROANOKE, VA 24012
NEW HANOVER COUNTY 230 GOVERNMENT CENTER DR SUITE 190 WILMINGTON, NC 28403
INMAN DAN E MARIE P 130 CARL SEITTER DR WILMINGTON, NC 28401
GARCIA GOMEZ RAMON ET UX 5916 SALTEE WAY WILMINGTON, NC 28409
JP PORTER LLC 163 VOYAGER WAY HAMPSTEAD, NC 28443
PRIDGEN MANLEY M II 14 SHERIDAN DR WILMINGTON, NC 28401
ALHOBISHI CONVENIENCE STORES &
RENTALS I
PO BOX 807 SAINT PAULS, NC 28384
LA BELLA AIROSA LLC 625 KIMBERLY CT ROCKY POINT, NC 28457
OUTER RIM ENTERPRISES INC 3508 KERR AVE N WILMINGTON, NC 28405
JP PORTER LLC 163 VOYAGER WAY HAMPSTEAD, NC 28443
PRIDGEN MANLEY M II 14 SHERIDAN DR WILMINGTON, NC 28401
HUGHES JOYCE S 5917 MYRTLE GROVE RD WILMINGTON, NC 28409
OREILLY AUTOMOTIVE STORES INC 233 PATTERSON AVE S SPRINGFIELD, MO 65802
WRIGHTSBORO PLAZA 6725 MONUMENT DR WILMINGTON, NC 28405
ASSURED QUALITY HOLDINGS LLC 327 GATEFIELD DR WILMINGTON, NC 28412
ZP 387 WRIGHTSBORO PLAZA LLC 6725 MONUMENT DR WILMINGTON, NC 28405
CLARK CALEB A 8 LAUREL DR WILMINGTON, NC 28401
TIMMERMAN TANNER J KERRIE B 16 LAUREL DR WILMINGTON, NC 28401
MCCANDLESS ELEANOR N 1911 KNOLLWOOD DR WILMINGTON, NC 28403
EIR ASSOCIATES PLLC 4424 MOCKINGBIRD LN WILMINGTON, NC 28409
PIERCE PRINCETTA MALAVE PHILLIP M 583 PERU RD SNEADS FERRY, NC 28460
ALLMAN ALLEN P 2630 CASTLE HAYNE RD WILMINGTON, NC 28401
MCDOWELL SHELVIA S 4 LAUREL DR WILMINGTON, NC 28401
WILLIAMS JANET HERRING ETAL 511 ASHLEY PL JACKSONVILLE, NC 28546
B&C WRIGHTSBORO LLC PO BOX 3743 WILMINGTON, NC 28406
1Planning Board - October 2, 2025
ITEM: 1 - 7 - 11
8 July 2025
To: Adjacent Property Owners
From: Atilano Cardenas
Re: 2624 Castle Hayne Road
I would like to extend my apologies for the additional notice, but we encountered a digital
notification issue that may have caused confusion so we are holding a second information
session. I will also like to thank those came to the first meeting.
This is a notice for a community information meeting for an upcoming request by Atilano
Cardenas, applicant, on behalf of Phillip & Princetta Pierce, property owner(s), for a Conditional
Rezoning from (CZD) B-1 to (CZD) B-1 for grocery store and restaurant.
The subject property is approximately 0.39 ac. and is located at 2624 Castle Hayne Road and is
identified as PID R03311-004-017-000.
The purpose of the community information meeting is to explain the proposal and answer
questions from meeting attendees.
The meeting will be held at Tienda Latina El Paso located at 2528 Castle Hayne Rd STE 8 at
10am on July 22nd. If you cannot attend, you are also welcome to contact me at (910) 212-0666
or elpasoilm@gmail.com with any comments or questions.
Thank you,
Atilano Cardenas
commercial premmise GENERAL plan
Arch :ROGER CARDENAS HERNANDEZ
Atilano cardenas
2624 Castle H AYNE rd
Wilmington nc 28401
Commercial Area
store & Restaurant el paso
Area to be buit 6,374 sf square
Parking
From
S
e
t
b
a
c
k
2
5
´
Entrace and exit for vehicles
Restaurant
Streetyard Plantings
Gar
d
e
n
Ga
r
d
e
n
i
a
L
a
n
e
Gar
d
e
n
CASTLE HAYNE ROAD /N.C. HWY 117
Zon
i
n
g
B
-
1
Fa
m
i
l
y
D
o
l
l
a
r
Zon
i
n
g
B
-
1
2624 Castle H AYNE rd
Wilmington nc 28401
6.00 ft
Thuja Green Giant Arborvitae
Natural hedge barrier
Schematic Section
Street
35´
Drain slope
150 f
t
106.4 ft
120 ft
150
.
6
f
t
Surface CoverageRooftop 6,460 Concrete 4,571Total
Total building Area 6,374 s.f.(+-)Max. Building Height
Parking (@ 2.5spaces/ 1000 s.f .GFA)Min. Spaces req´d. =20
Space Prov = 20
Development Notes
Tract Area 16,553 s.f.(0.39 ac.)Proposed land Use(s)- Grocery Store and Restaurant
1. All development shall be in accordance with
2.Project shall comply with all Federal, State and New
the New Hanover County Zoning Ordinance
Hanover County regulations
Development Data
General Notes1. New Hanover County Parcel NosPARID : R 03311-004-017-000
2. Trac Area : 16,553 s.f. (0.39 ac.)
3.Current Zoning District :(CZD)B1 Propsed District- (CZD) B1
4. Comprehensive Plan Classification:Community Mixed-Use
Entrace and exit for vehicles
11,031
Occupation area 39,03 %
Free area 60,97 %
Concrete
Concrete
Concrete
Garden
35´
Concept Plan
Rea
r
s
e
t
b
a
c
k
3
0
´
commercial premmise GENERAL plan
Arch :ROGER CARDENAS HERNANDEZ
Atilano cardenas
2624 Castle H AYNE rd
Wilmington nc 28401
2624 Castle H AYNE rd
Wilmington nc 28401
store & Restaurant el paso
150 ft
106.4 ft120 ft
150.6 ft
Planning Board - October 2, 2025
ITEM: 1 - 7 - 12
Planning Board - October 2, 2025
ITEM: 1 - 7 - 13
NHC GIS Map
New Hanover County, NC, NHC GIS
zoning
AR
B-1
B-2
CZD B-1
O&I
R-15
R-20
SC
parcels
roads
major roads
municipal limits
address
6/18/2025, 2:15:09 PM
0 0.04 0.090.02 mi
0 0.07 0.140.04 km
1:2,000
New Hanover County, NC
New Hanover County, NC | New Hanover County, NC | NHC GIS |
Planning Board - October 2, 2025
ITEM: 1 - 7 - 14
Planning Board - October 2, 2025
ITEM: 1 - 7 - 15
Concept Plan
Planning Board - October 2, 2025
ITEM: 1 - 8 - 1
20
'
Ar
e
a
5
,
2
6
4
"
1
0
6
'
,
4
f
t
1
2
0
'
f
t
150',60 ft
150' ft
5"
24
'
,
8
"
Protected tree
Pe
d
e
s
t
r
i
a
n
a
c
c
e
s
s
Trash containers
Gr
o
c
e
r
y
Re
s
t
a
u
r
a
n
t
16
'
,
4
"
8',2"
si
g
n
19
'
f
t
14' ft
66',57"
19',98"
66
'
,
6
3
"
86',57"
41
'
,
4
9
"
25
'
,
1
0
"
En
t
r
a
c
e
a
n
d
e
x
i
t
f
o
r
v
e
h
i
c
l
e
s
CA
S
T
L
E
H
A
Y
N
E
R
O
A
D
/
N
.
C
.
H
W
Y
1
1
7
lo
a
d
i
n
g
a
r
e
a
f
o
r
t
r
u
c
k
d
e
l
i
v
e
r
y
8 ft
Trash containers
Turning radius
Planning Board - October 2, 2025
ITEM: 1 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - October 2, 2025
ITEM: 1 - 10 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 10/2/2025
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
Rezoning Request (Z25-17)- Request by Mike Brown with Cape Fear Development, applicant, on behalf of OFSC
Proper<es, LLC, Ammo Dump / Lake + 9, LLC, and the D. Webster Trask Revocable Trust, property owners, to
rezone approximately 95 acres zoned I-2, Heavy Industrial and approximately 13 acres zoned I-1, Light Industrial
for a total of 108 acres located in the 3100 to 4200 block of Blue Clay Road to a general use RMF-L, Residen<al
Mul<-Family Low Density zoning district and removing the Special Highway Overlay District (SHOD).
BRIEF SUMMARY:
The applicant is reques#ng to rezone an approximately 108-acre por#on of a larger 814-acre parcel from I-1, Light
Industrial and I-2, Heavy Industrial to the RMF-L, Residen#al Mul#-Family, Low-Density District.
This request is for a straight rezoning, so any approval would allow for all uses outlined for the requested district and
cannot include condi#ons. Any future development would be subject to the general development standards for the
district outlined in the Unified Development Ordinance (UDO) including ligh#ng and vegeta#ve buffers.
The purpose of the I-1 district is to provide land to accommodate light industrial development and associated
opera#ons. The I-2 district is intended to provide lands that accommodate a full range of heavy industry uses to
support the development and success of industrial and commerce clusters.
The Residen#al Mul#-Family, Low Density District (RMF-L) was established to provide lands that accommodate
moderate density single-family and low-density mul#-family development of varying types and designs.
This property is located in the Special Highway Overlay District (SHOD). The intent of the SHOD is to protect the
natural views along specially designated highways in the County, and it places limita#ons on setbacks and impervious
coverage. However, the SHOD standards do not apply to residen#al buildings, and the applicant has requested to
remove the SHOD from this site as part of this rezoning.
Under the exis#ng zoning, the site would generate an es#mated 627 AM and 551 PM peak hour trips. Because of the
variety of types of residen#al uses allowed in the RMF-L district, eventual trips are difficult to es#mate, as there would
likely be a mix of single-family and mul#-family uses. Please reference the Traffic Genera#on table in the a@ached staff
report for a breakdown of number of trips that are es#mated to be generated by single-family and mul#-family
housing. The site is located on a minor arterial road which currently has available capacity to serve addi#onal traffic.
While there is not a concept plan for this rezoning request, the RMF-L district allows up to 10 dwelling units per acre
across a variety of residen#al use types. Larger developments will likely require a Traffic Impact Analysis. The New
Hanover County Blue Clay Industrial Park's TIA requires a number of improvements to this area, including a traffic light
at the intersec#on of Blue Clay Road and Juvenile Center Drive.
Planning Board - October 2, 2025
ITEM: 2
Students from the proposed development would be assigned to Castle Hayne Elementary, Holly Shelter Middle, and
Laney High Schools. The project is expected to generate about 204 more students than development under current
zoning.
There are some environmental considera#ons on this site, including Conserva#on Resources and Advisory Floodplain
Areas. Please refer to the staff report for an explana#on of the UDO regula#ons for Conserva#on Resources. While
unregulated, staff has prepared a map and explana#on of the Floodplain Advisory Area on the site.
The Comprehensive Plan classifies this property as Community Mixed Use. This place type focuses on small-scale,
mixed use development pa@erns that serve all modes of travel and act as an a@ractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recrea#onal, commercial, ins#tu#onal, and mul#-family and
single-family residen#al. The proposed RMF-L rezoning is generally CONSISTENT with the 2016 Comprehensive Plan
because the district provides residen#al densi#es that are in line with the recommenda#ons of the Community Mixed
Use place type, and the RMF-L district would provide residen#al growth in an area of the County that is a mix of
residen#al and industrial 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. While the RMF-L zoning request is generally consistent with the Comprehensive Plan, staff would
have preferred a condi#onal rezoning with a concept plan to be@er evaluate development impacts, par#cularly related
to traffic, u#li#es, and environmental constraints. However, the Comprehensive Plan designates the area as
Community Mixed Use, which supports residen#al development that can serve nearby commercial areas and future
growth. The site is between Blue Clay Road and I-140 with ins#tu#onal and business park uses to the north and several
undeveloped large-scale residen#al projects to the south. Public water is available with sewer service available through
a mainline extension and a regional pump sta#on. The property contains swamp forest and pocosin conserva#on
resources, much of which overlap with higher flood risk areas iden#fied in the Northeast Watersheds Flood Study
por#ons of which are expected to remain undeveloped due to the county’s exis#ng conserva#on resource
requirements.
As a result, staff recommends APPROVAL of the proposal.
Please refer to the Script for suggested an alterna<ve mo<on language.
ATTACHMENTS:
Descrip#on
Z25-17 PB Script
Z25-17 Zoning Map
Z25-17 Future Land Use Map
Z25-17 Mailout Map
Z25-17 Initial Application Cover Sheet
Z25-17 PB Staff Report
Z25-17 Application
Z25-17 Public Comments Cover Sheet
Z25-17 Public Comments
Planning Board - October 2, 2025
ITEM: 2
Z25-17 Supplemental Attachment - RMF-L District Cut Sheet
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - October 2, 2025
ITEM: 2
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z25-17)
Request by Mike Brown with Cape Fear Development, applicant, on behalf of OFSC
Properties, LLC, Ammo Dump / Lake + 9, LLC, and the D. Webster Trask Revocable Trust,
property owners, to rezone approximately 95 acres zoned I-2, Heavy Industrial and
approximately 13 acres zoned I-1, Light Industrial for a total of 108 acres located in the 3100
to 4200 block of Blue Clay Road to a general use RMF-L, Residential Multi-Family Low Density
zoning district and removing the Special Highway Overlay District (SHOD).
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 RMF-L zoning
district would provide uses that are in line with the Community Mixed Use place type
that could serve existing and future businesses and residents. I also find recommending
APPROVAL of the rezoning request is reasonable and in the public interest because the
district would act as a new area for a mix of housing types in this area.
Planning Board - October 2, 2025
ITEM: 2 - 1 - 1
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
RMF-L zoning district would provide uses that are in line with the Community Mixed Use
place type that could serve existing and future businesses and residents, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest
because the immediate surroundings are largely industrial, as is the existing zoning on
this parcel, which is less compatible with residential uses nearby.
Alternative Motion for Approval/Denial:
I move to RECOMMEND [Approval/Denial] of the proposed rezoning to an RMF-L 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 - October 2, 2025
ITEM: 2 - 1 - 2
Planning Board - October 2, 2025
ITEM: 2 - 2 - 1
Planning Board - October 2, 2025
ITEM: 2 - 3 - 1
Planning Board - October 2, 2025
ITEM: 2 - 4 - 1
Initial Application
Documents & Materials
Planning Board - October 2, 2025
ITEM: 2 - 5 - 1
Planning Board - October 2, 2025
ITEM: 2 - 6 - 1
Planning Board - October 2, 2025
ITEM: 2 - 6 - 2
Planning Board - October 2, 2025
ITEM: 2 - 6 - 3
Planning Board - October 2, 2025
ITEM: 2 - 6 - 4
Planning Board - October 2, 2025
ITEM: 2 - 6 - 5
Planning Board - October 2, 2025
ITEM: 2 - 6 - 6
Planning Board - October 2, 2025
ITEM: 2 - 6 - 7
Planning Board - October 2, 2025
ITEM: 2 - 6 - 8
Planning Board - October 2, 2025
ITEM: 2 - 6 - 9
Planning Board - October 2, 2025
ITEM: 2 - 6 - 10
Planning Board - October 2, 2025
ITEM: 2 - 6 - 11
Planning Board - October 2, 2025
ITEM: 2 - 6 - 12
Planning Board - October 2, 2025
ITEM: 2 - 6 - 13
Planning Board - October 2, 2025
ITEM: 2 - 6 - 14
Public Comments
In Support 0
Neutral 0
In Opposition 1
Planning Board - October 2, 2025
ITEM: 2 - 7 - 1
Z25-17 Staff Report PB 10.2.2025 Page 1 of 18
STAFF REPORT FOR Z25-17
GENERAL USE REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z25-17
Request:
Rezoning to an RMF-L (Residential Multi-Family, Low Density) District
Applicant: Property Owner(s):
Cape Fear Development, c/o Mike Brown OFSC Properties, LLC, Ammo Dump/Lake+9,
LLC, Trask Revocable Trust
Location: Acreage:
3800-4000 Block of Blue Clay Road 108 acres
PID(s): Comp Plan Place Type:
R02600-003-003-000 (a portion of) Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped
The property would be allowed to be
developed in accordance with the RMF-L
district.
Current Zoning: Proposed Zoning:
I-1, Light Industrial & I-2, Heavy Industrial RMF-L, Residential Multi-Family, Low Density
SURROUNDING AREA
LAND USE ZONING
North Blue Clay Business Park I-2
East Steele Electrical Contractors I-1
South Across I-140, undeveloped Blue Clay Farms Residential
Planned Development, currently used for agriculture PD
West Single Family Residential R-15
Planning Board - October 2, 2025
ITEM: 2 - 8 - 1
Z25-17 Staff Report PB 10.2.2025 Page 2 of 18
ZONING HISTORY
July 7, 1972 Initially zoned I-2 (Area 8B)
June 6, 2005 Eastern portion of the site rezoned to I-1 for compatibility with nearby
residential zoning (Z-776)
COMMUNITY SERVICES
Water/Sewer
CFPUA water is adjacent to this parcel and may serve the site if extended
within the parcel. CFPUA sewer is available via a mainline extension with a
regional pump station required.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Wrightsboro & Castle Hayne Stations
Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools
Recreation Blue Clay Bike Park, Northern Regional Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
Conservation resource maps indicate pocosin wetlands and swamp forest
exist on the property. Projects containing 5 acres or more of both of these
conservation resources are required to comply with additional buffer and
conservation standards in Section 5.7 of the Unified Development Ordinance.
Historic There is a cemetery on the eastern portion of this site which is not included
in the rezoning.
Archaeological No known archaeological resources
Planning Board - October 2, 2025
ITEM: 2 - 8 - 2
Z25-17 Staff Report PB 10.2.2025 Page 3 of 18
APPLICANT’S PROPOSAL
• The applicant is proposing to rezone approximately 12 acres of I-1, Light Industrial and 96
acres of I-2, Heavy Industrial for a total of approximately 108-acres to a general use RMF-L,
Residential Multi-Family, Low-Density district. The site is a portion of a larger 814-acre parcel.
• According to the applicant, the requested RMF-L zoning district is more appropriate for the
tract than the current I-1 and I-2 zoning as the Comprehensive Plan calls for a range of housing
types in conjunction with the build-out of public utilities to leverage that type of development.
• The applicant is also requesting to remove the southern portion of the 108-acre project area
along I-140 from the Special Highway Overlay District (SHOD).
• This request is for a straight rezoning, so any approval would allow for all uses outlined for
the requested district and cannot include conditions. Any future development would be
subject to the general development standards for the district outlined in the Unified
Development Ordinance (UDO), including lighting and vegetative buffers.
ZONING CONSIDERATIONS
• The I-2 district in this area was established in 1972. At the time, the purpose of the I-2 district
was to provide lands that accommodate a full range of heavy industry uses to support the
development and success of industrial and commerce clusters as identified in the
Comprehensive Plan.
• A portion of this site was rezoned to I-1 in 2005 for compatibility with nearby residential and
commercial development along Blue Clay Road at the time.
• The purpose of the I-1, Light Industrial District is to provide land to accommodate light
industrial development and associated operations, including assembly, fabrication, packaging,
and transport, where operations are conducted primarily indoors and where suitable sites are
served by rail, a waterway, and/or a highway transportation system as well as readily available
utilities.
• As currently zoned, the subject site would allow for development and uses that are permitted
by-right in the I-1 and I-2 districts. Some examples of typical industrial development include:
o Manufacturing
o Warehousing
o Large Vehicle Service Stations
o Equipment Rental and Leasing
• The southern portion of this property along the I-140 corridor is in the Special Highway Overlay
District (SHOD). The purpose of the SHOD is to protect the scenic view and natural features
along major roadway corridors. The SHOD includes additional standards for commercial
development such as increased setbacks and limitations on building square footage. The
SHOD standards do not apply to residential development.
Planning Board - October 2, 2025
ITEM: 2 - 8 - 3
Z25-17 Staff Report PB 10.2.2025 Page 4 of 18
• The Residential Multi-Family Low Density (RMF-L) district was established to provide lands that
accommodate moderate density single family and low-density multi-family development of
varying types and designs.
• While the full list of uses allowed in the RMF-L district is attached, typical uses allowed by right
in the district include:
o Dwelling, Single-Family, Detached
o Dwelling, Row-Style
o Dwelling, Duplex, Triplex, and Quadruplex
o Dwelling, Multi-Family
o Civic and Institutional Uses, such as schools and religious assemblies
• The maximum building height in the RMF-L district is three stories; however, Section 3.1.3.C
allows up to four stories with additional setbacks.
• Row-Style and Multi-Family developments require additional landscape buffering where they
are adjacent to single-family and duplex style developments.
• The County’s Conservation Resources map indicates portions of the site are classified as
pocosin and swamp forest conservation resources. When certain conservation resources are
present on a site, Section 5.7 of the UDO requires that portions of the resource must be
dedicated for permanent conservation. While those areas must be conserved, they may count
toward the total density of a performance residential development. However, the full extent
of the area that may need to be conserved is not known until after a developer has field
verified the extent of the resources during the Technical Review Committee (TRC) review.
• The UDO contains controls on exterior lighting on the site, and the maximum illumination
levels at the common property line with the residential properties that abut the site shall not
exceed 0.5-foot candles and 25 feet in height. The UDO specifies that all exterior luminaries
for nonresidential adjacent to single-family residential districts shall be full cut-off features
that are directed downward. In no case shall lighting be directed at or above a horizontal plane
through the lighting fixture.
• If approved, the project would be subject to TRC and zoning compliance review processes to
ensure full compliance with all ordinance requirements.
Planning Board - October 2, 2025
ITEM: 2 - 8 - 4
Z25-17 Staff Report PB 10.2.2025 Page 5 of 18
AREA DEVELOPMENTS
Planning Board - October 2, 2025
ITEM: 2 - 8 - 5
Z25-17 Staff Report PB 10.2.2025 Page 6 of 18
TRANSPORTATION
*Future access along Blue Clay Road to be determined during TRC and NCDOT review
CURRENT CONDITIONS
Intensity of Current
Zoning
Typical development of this site would allow uses permitted in the I-1 and
I-2 districts.
PROPOSED ACCESS
Primary Access
This site has direct full access on Blue Clay Road. Because this is a straight
rezoning future site access would be reviewed by the County’s TRC and
NCDOT. NCDOT will not allow direct access onto I-140 from this site.
Access along Blue
Clay Road*
Planning Board - October 2, 2025
ITEM: 2 - 8 - 6
Z25-17 Staff Report PB 10.2.2025 Page 7 of 18
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Blue Clay Road
Type of Roadway NCDOT minor arterial
Roadway Planning
Capacity (AADT) 10,978.25
Latest Traffic Volume
(AADT) 7,000 (Year 2023)
Latest WMPO Point-in-
Time Count (DT) 7032 (8/1/2024)
Current Level of
Congestion Available Capacity
NEARBY NCDOT STIP ROADWAY PROJECTS
U-4436
- While not yet funded by NCDOT, an interchange at I-140 and Blue
Clay Road is still included in the WMPO’s Metropolitan
Transportation Plan, making it eligible for future federal funding.
TRAFFIC GENERATION
Potential
Traffic
Generation at
Current
Potential
Build-Out1
Potential By-Right
Development under
Proposed Zoning- Single-
Family Homes2
Potential By-Right
Development under
Proposed Zoning- Multi-
Family Housing3
AM Peak Hour Trips 6271 6492 3583
PM Peak Hour Trips 5511 9302 4853
Assumptions
1 Potential Current Zoning Build Out – Approximately 847,000 square feet
of General Industrial, the typical build out of a building at 18% of the total
site area within the I-1 and I-2 zoning district.
2 Under the RMF-L District, the maximum allowable density is 10 dwelling
units per acre. These numbers are based on 1,080 single-family homes.
3 Under the RMF-L District, the maximum allowable density is 10 dwelling
units per acre. These numbers are based on 1,080 multi-family dwelling
units.
TRAFFIC IMPACT ANALYSIS (TIA)
Traffic Impact Analyses are not required for straight rezonings as a specific development proposal is
required to thoroughly analyze potential trip generation. Per the WMPO, based on the size of the parcel
and variety of housing types allowed by-right in the RMF-L district, a TIA will more than likely be required,
especially if the site is developed with a combination of multiple land uses.
Planning Board - October 2, 2025
ITEM: 2 - 8 - 7
Z25-17 Staff Report PB 10.2.2025 Page 8 of 18
SUMMARY
This site is located on a minor arterial road which currently has capacity. Nearby developments such as
the Blue Clay Business Park have existing TIAs requiring a range of roadway improvements including a
new stoplight at Juvenile Center Drive and Blue Clay Road. Also, while not funded, NCDOT has included
an interchange at I-140 and Blue Clay Road in the WMPO’s Metropolitan Transportation Plan. The RMF-
L zoning allows a range of housing types, including single-family, row-style, and multi-family at a
maximum of 10 dwelling units per acre. While there is not a concept plan for future development of the
site, the estimated traffic generation above is based on a potential maximum unit count based on the
RMF-L zoning district. Staff anticipates that if the rezoning is approved, a TIA would be required for
future development of the site. The analysis for any future TIA would include the New Hanover County
Blue Clay Industrial Park’s TIA and other existing, ongoing development as background for their
analysis.
ENVIRONMENTAL
• The site is not within a Natural Heritage Area.
• The property is within the Prince George Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (moderate limitation), Class III (severe limitation) soils, and Class IV
(unsuitable) soils.
• Because this is a straight rezoning without a concept plan, staff have provided an overview of
the approximate location of environmental features that might be present on the site. Field
verification of the location and extent of the conservation resources and soil types is not
conducted by the developer until a project goes through the Technical Review Committee
(TRC) process.
Planning Board - October 2, 2025
ITEM: 2 - 8 - 8
Z25-17 Staff Report PB 10.2.2025 Page 9 of 18
Conservation Resources
Z25-17 Conservation Resource Map
Legend:
• The UDO regulates certain Conservation Resources. The purpose of these regulations is to
protect important environmental and cultural resources within the County. The map above
is an overview of the conservation resources on this site.
• The New Hanover County Conservation Resource Map indicated approximately 32.57 acres
of swamp forest and 7.92 acres of regulated pocosin resources.
• Pocosin Resources are regulated if they are also underlaid with Class IV soils. Soil maps
indicate the areas of Class IV soils largely correspond to the areas shown as pocosin
resources.
• The remainder of the tract is designated as agricultural land and pine plantation which are
unregulated.
• Section 5.7, Conservation Resources, of the UDO requires that 50% of swamp forest and 50%
of regulated pocosin resources must be permanently conserved. The ordinance also requires
additional building setbacks from the dedicated conservation areas.
Pocosin
Swamp Forest
Agricultural Land
Pine Plantation
Planning Board - October 2, 2025
ITEM: 2 - 8 - 9
Z25-17 Staff Report PB 10.2.2025 Page 10 of 18
• Based on general estimates, staff anticipates approximately 3.96 acres of pocosin and 16.28
acres of swamp forest resources may need to be conserved on site. However, the developer
will be responsible for field verifying the location of conservation resources during the site
plan or preliminary plat review through the TRC process.
• The UDO allows conservation areas to be used when calculating the maximum unit county
for performance residential developments.
2025 Northern Watershed Flood Study
2025 New Hanover County Flood Advisory Study Map, depicting Z25-17
Legend:
Advisory AE Floodway
Advisory AE: 100-year Floodplain
Advisory 500-year Floodplain
• The subject site is within one of the areas included in the recently released Northeast
Watersheds Flood Study. While the findings of this study are not regulatory in nature, and no
conditions may be applied to the site through the straight rezoning process, the largest areas
of highest risk for flood correspond to the swamp forest and pocosin conservation resources
that will require conservation which would help reduce or prevent development in those
areas.
Planning Board - October 2, 2025
ITEM: 2 - 8 - 10
Z25-17 Staff Report PB 10.2.2025 Page 11 of 18
OTHER CONSIDERATIONS
Schools
PUBLIC SCHOOL ENROLLMENT ZONES
Elementary School Castle Hayne Elementary
2024-2025 Capacity 111%
Middle School Holly Shelter Middle
2024-2025 Capacity 81%
High School Laney High
2024-2025 Capacity 117%
STUDENT GENERATION RATES (SGRs)
Overall SGR (24-25) 0.19 public school students per residential unit
Elementary School SGR (24-25) 0.08 public school students per residential unit
Middle School SGR (24-25) 0.04 public school students per residential unit
High School SGR (24-25) 0.07 public school students per residential unit
SGR Trend (20-21 to 24-25) Decrease of 0.05 public school students per residential
unit
POTENTIAL PROJECT STUDENT IMPACT
Intensity of Current Zoning: Typical Development under current zoning would not
allow residential development.
Proposed Development: Maximum of 1,080 dwelling units in the RMF-L district
Students
Generated by
Current Zoning
Students
Generated by
Proposed
Zoning
Potential Impact
of Proposed
Project
Elementary School 0 84 +84
Middle School 0 45 +45
High School 0 75 +75
TOTAL 0 204 +204
Sources 2024-2025 NHC Student Yield Analysis
Planning Board - October 2, 2025
ITEM: 2 - 8 - 11
Z25-17 Staff Report PB 10.2.2025 Page 12 of 18
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 provisions of a variety of
housing options. The proposed RMF-L district
would allow an assortment of housing types by-
right and 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.
If developed, this site could be required to
conserve up to approximately 3.96 acres of
Pocosin Conservation Resource and 16.28 acres
of Swamp Forest Conservation Resource
depending on final site design and field
verification for future development. There are
some floodplain advisory areas present on the
site, which are similar to the areas noted as
Conservation Resources and which will remain
undeveloped as part of the County’s
conservation regulations.
SUMMARY
While the middle school for this area is under capacity, both the elementary and high schools are
currently over capacity. The proposed application is not tied to a specific plan of development
and does not have an anticipated build-out date. However, given the size of the parcel and
potential for up to 1,080 dwelling units, staff anticipates the site would have an impact on area
schools.
Planning Board - October 2, 2025
ITEM: 2 - 8 - 12
Z25-17 Staff Report PB 10.2.2025 Page 13 of 18
Representative Developments
Representative Developments of I-2 & I-2 (Existing Zoning):
Light Industrial in Dutch Square
Commercial Strip in I-1
Planning Board - October 2, 2025
ITEM: 2 - 8 - 13
Z25-17 Staff Report PB 10.2.2025 Page 14 of 18
Representative Development of RMF-L (Proposed Zoning):
Reserve at Beaumont Oaks Apartments (CZD RMF-L)
Reserve at Beaumont Oaks Duplexes (CZD RMF-L)
Planning Board - October 2, 2025
ITEM: 2 - 8 - 14
Z25-17 Staff Report PB 10.2.2025 Page 15 of 18
Reserve at Beaumont Oaks Single-Family Homes (CZD RMF-L)
Context and Compatibility
• The project fronts Blue Clay Road with direct access and is located near large-scale planned
residential developments south of I-140, including the 236-unit Proximity at Blue Clay and
the Blue Clay Farms Planned Development.
• Across Blue Clay Road to the north are the Blue Clay Business Park and Juvenile Detention
Center; roadway improvements required for the business park include a traffic signal at
Juvenile Center Drive.
• The site could gain improved connectivity to I-140 if NCDOT funds and constructs a future
interchange.
• Public water is available, while sewer access would require a mainline extension and a
regional pump station.
• Nearby land uses include a small single-family subdivision to the west, an R-15
neighborhood farther east, and the Cape Fear Community College North Campus.
• Community services such as medical, retail, and grocery uses are approximately 1.5 miles
southeast at the Northchase commercial center.
• An adjacent cemetery is not part of this rezoning and will remain undisturbed.
• Although zoning in the area has shifted in recent years, the broader character remains
primarily low-density residential and light industrial.
Planning Board - October 2, 2025
ITEM: 2 - 8 - 15
Z25-17 Staff Report PB 10.2.2025 Page 16 of 18
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be interpreted
as being parcel specific.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Planning Board - October 2, 2025
ITEM: 2 - 8 - 16
Z25-17 Staff Report PB 10.2.2025 Page 17 of 18
Analysis
The Community Mixed Use place type focuses on small-scale, compact
development patterns that accommodate multiple modes of travel and
provide a mix of uses—including office, retail, recreational, commercial,
institutional, and a range of residential housing. The subject site lies along the
Blue Clay Road corridor, an area characterized by low-density residential and
light industrial uses. Public water is available, though sewer service may
require a new regional lift station. Because no concept plan has been
submitted, this analysis relies on general information about the maximum
potential development and the compatibility of the RMF-L district with
surrounding uses.
The site also has environmental constraints that will shape future
development. Historically used for agriculture, it falls within the study area of
the recently released Northeast Watersheds Flood Study. Although the study’s
findings are not regulatory and no conditions may be applied to the rezoning,
areas of highest flood risk overlap with swamp forest and pocosin
conservation resources. These areas will require conservation, which would
reduce or prevent development in the potentially environmentally sensitive
portions of the property.
Designated as Community Mixed Use in the 2016 Comprehensive Plan, this
area is intended to support moderate-density residential growth alongside
nearby commercial services. While the current zoning does not permit
residential development, RMF-L would allow up to 10 dwelling units per acre,
fitting within the plan’s recommendation of up to 15 units per acre. The
district would provide a mix of housing types—such as single-family, row-
style, and multi-family—consistent with the intent of the Community Mixed
Use place type. Its location near Cape Fear Community College’s north
campus and the Northchase business area makes it well-suited to add
housing that complements existing commercial and institutional uses while
transitioning appropriately between nearby residential and industrial zoning.
Consistency
Recommendation
The proposed RMF-L rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the district provides residential densities that
are in line with the recommendations of the Community Mixed Use place
type, and the RMF-L district would provide residential growth in an area of the
County that is a mix of residential and industrial uses.
Planning Board - October 2, 2025
ITEM: 2 - 8 - 17
Z25-17 Staff Report PB 10.2.2025 Page 18 of 18
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. While the RMF-L zoning request is generally consistent with the
Comprehensive Plan, staff would have preferred a conditional rezoning with a concept plan to better
evaluate development impacts, particularly related to traffic, utilities, and environmental constraints.
However, the Comprehensive Plan designates the area as Community Mixed Use, which supports
residential development that can serve nearby commercial areas and future growth. The site is
between Blue Clay Road and I-140 with institutional and business park uses to the north and several
undeveloped large-scale residential projects to the south. Public water is available with sewer service
available through a mainline extension and a regional pump station. The property contains swamp
forest and pocosin conservation resources, much of which overlap with higher flood risk areas
identified in the Northeast Watersheds Flood Study portions of which are expected to remain
undeveloped due to the county’s existing conservation resource requirements.
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 RMF-L zoning
district would provide uses that are in line with the Community Mixed Use place type that
could serve existing and future businesses and residents. I also find recommending
APPROVAL of the rezoning request is reasonable and in the public interest because the
district would act as a new area for a mix of housing types in this area.
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 RMF-
L zoning district would provide uses that are in line with the Community Mixed Use place
type that could serve existing and future businesses and residents, I find recommending
DENIAL of the rezoning request is reasonable and in the public interest because the
immediate surroundings are largely industrial, as is the existing zoning on this parcel,
which is less compatible with residential uses nearby.
Planning Board - October 2, 2025
ITEM: 2 - 8 - 18
1
Dickerson, Zachary
From:noreply@civicplus.com
Sent:Sunday, September 21, 2025 9:41 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27830 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Amy
Last Name Barnett
Address 213 Island Creek Dr
City Wilmington
State NC
Zip Code 28411
Email ascjam1962@gmail.com
Please select the case
for comment.
PB Meeting - Z25-17 – Blue Clay Straight Rezoning
What is the nature of
your comment?
Oppose project
Public Comment Just stop this insane building at our expense and to deepen
your pockets. This is insane you don’t care about anything else
except more building upon building. Take your blinders off and
look at this congested mess you created ! People can’t get to
work on time, taxes are always going up, to make YOUR
budgets. It’s clear to me it doesn’t affect you $$$$. What about
the affordable housing and mental health, for our homeless or
ones down on their luck, there is NO such thing. You don’t
really care or else we would have a place for these people . I
Planning Board - October 2, 2025
ITEM: 2 - 9 - 1
2
thank God for these churches, non profits and other caring
entities that pick up your slack. Again take your blinders off and
take a drone eye look at the chaos, the ugliness. Projects like
uncovering the old cobblestone roads, that’s nice but why now,
when there are more severe pressing problems you could fix .
Upload supporting files
If you need to support your comment with documentation, upload text and photo
files here. No more than 20MB in size total for all files. File types accepted are: doc,
docx, ppt, pptx, txt, rtf, odf, csv, xls, xlsx, pdf, jpg, png and static gif.
File 1 Field not completed.
File 2 Field not completed.
File 3 Field not completed.
File 4 Field not completed.
Email not displaying correctly? View it in your browser.
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
Planning Board - October 2, 2025
ITEM: 2 - 9 - 2
RESIDENTIAL MULTI-FAMILY LOW DENSITY (RMF-L) DISTRICT
PURPOSE
The purpose of the Residential-Multi-Family Low Density (RMF-L) District is provide lands that accommodate moderate density single family and low density multi-
family development of varying types and designs. The intent is that the RMF-L district will provide options for alternative housing types near or in direct relationship
to single-family detached development.
CONCEPT
DIMENSIONAL STANDARDS
SUPERSEDING DIMENSIONAL STANDARDS
Additional Standards for Taller Structures
Option 1: Structure Setback
Zoning District Adjacent Residential Use or Subdivision in General Residential District* Abutting Multi-Family Dwelling or Undeveloped in General Residential District
RMF-L 4 story structures: 100 ft. • 4 story structures: 75 ft.
Option 2: Architectural Stepback
Zoning District Abutting Residential Use or Subdivision in General Residential District* Abutting Multi-Family Dwelling or Undeveloped in General Residential District
RMF-L Portions of structures with 4 stories: 100 ft. Portions of structures with 4 stories: 75 ft.
Option 3: Mitigation Outlined in Conditional Zoning District Approval
Conditional zoning district outlines technique(s) to mitigate impacts of taller buildings (i.e., site design, architectural design)
Standard Single Family
Detached Duplex Triplex Quadraplex Multi-Family
Lot area, minimum (sq ft)* 5,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 50 100
2 Front setback (feet)* 20 35
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 1 to 2 stories: 20
3 stories: 25
5 Rear setback (feet)* 15 1 to 2 stories: 25
3 stories: 30
Density, maximum (dwelling
units/acre) 10
Building height, maximum 3 stories
Additional height allowance
4 stories
See Section 3.1.3.C for standards when adjacent to residential
properties
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
1 1 2
2
1
4
4
3
5
5
Planning Board - October 2, 2025
ITEM: 2 - 10 - 1
PRINCIPAL USES KEY: * = USE-SPECIFIC STANDARDS APPLY (SEE SECTION 4.3 FOR USE-SPECIFIC STANDARDS)
By Right
Agricultural Uses
- Agricultural and Forestry Uses, General Residential Uses
- Dwelling, Dual-Unit Attached
- Dwelling, Multi-Family *
- Dwelling, Quadraplex
- Dwelling, Single-Family Detached
- Dwelling, Triplex
- Dwelling, Row-Style
- Dwelling, Two-Family (Duplex)
- Senior Living: Independent Living Retirement Community
- Family Care Home *
- Group Home * Civic and Institutional
- Family Child Care Home *
- Library
- Religious Assembly *
- Amateur Radio Antennas (up to 90 ft.) *
- Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use*
- Collocation, Wireless *
- Non-Substantial Modification *
- Emergency Services Facility
- Government Offices and Buildings
- Hospice
- Boating Facility, Private Residential*
- Community Garden
- Golf Course
- Park and Recreation Area
- Utility Lines, Structures, and/or Facilities; General *
Special Use
Residential Uses
- Fraternity/Sorority Residence
- Senior Living: Assisted Living Facility *
- Senior Living: Continuing Care Retirement Community *
Civic and Institutional
- Adult Day Care *
- Child Care Center
- Community Center
- Other Wireless Communication Facilities including Wireless Support
Structures & Substantial Modifications *
- Elementary and Secondary Schools
- Nursing and Rehabilitation Center *
- Boating Facility, Community *
- Cemetery *
- Marina, Commercial *
- Electric Substation *
Commercial Uses
- Indoor Recreation Establishment *
- Outdoor Recreation Establishment *
Industrial Uses
- Commercial Recycling Facility, Small Collection
SPECIFIED ACCESSORY AND TEMPORARY USES (SEE SECTIONS 4.4.4 & 4.5.4 FOR USE-SPECIFIC STANDARDS)
Accessory Uses
- Accessory Dwelling Unit
- Accessory Structure
- Accessory Use, Customary
- Electric Vehicle Charging Station
- Home Occupation
- Residential Private Pier
- Solar Energy Collection Facility, Accessory
- Small Watercraft Storage
- Stormwater Facilities on Contiguous Properties
- Wind Energy Collection Facility, Accessory
Temporary Uses
- Construction Office
- Debris Site
- Farmers’ Market
- Special Fundraising for Non-profit Organizations
- Temporary Emergency Services Structure
- Temporary Family Healthcare Structure
- Temporary Real Estate Office/Model
- Temporary Relocation Housing
Planning Board - October 2, 2025
ITEM: 2 - 10 - 2