HomeMy WebLinkAboutAgenda 11.3.2025NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175, Wilmington, INC 28403
P: (910) 798-7149 1 F: (910) 798-7145 1 NHCgov.com
Bill Rivenbark, Chair I LeAnn Pierce, Vice -Chair
Dane Scalise, Commissioner I Stephanie A.C. Walker, Commissioner I Rob Zapple, Commissioner
NOVEMBER 3, 2025 4:00 PM
LOCATION (NHC Historic Courthouse, 24 North 3rd Street, Room 301)
CALL TO ORDER (Chair Bill Rivenbark)
INVOCATION (Pastor of Faith Formation Rick Shafer, Port City Community Church)
PLEDGE OF ALLEGIANCE (Commissioner Stephanie A.C. Walker)
APPROVAL OF CONSENT AGENDA
ESTI MATED
MINUTES
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval of the September 2025 Tax Collection Reports
3. Approval of a Funding Partnership with the City of Wilmington for Potential
Park Acquisition
REGULAR AGENDA ITEMS OF BUSINESS
5 4.
Consideration of Resolution Recognizing William R. Turner, Jr. For 75
Consecutive Years Dedicated to Scouting America
5 5.
Consideration of Prematurity Awareness Month Proclamation
40 6.
Hearing on Revocation of a Solid Waste Collection Franchise
15 7.
Presentation of New Hanover County Water Quality Monitoring Program, 2024
- 2025 Final Report
45 8.
Public Hearing
Rezoning Request (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
45 9.
Public Hearing
Rezoning Request (Z25-17) — Request by Mike Brown with Cape Fear
Development, applicant, on behalf of 0FSC Properties, LLC, Ammo Dump /
Lake + 9, LLC, and the D. Webster Trask Revocable Trust, property owners, to
rezone approximately 95 acres zoned 1-2, Heavy Industrial and approximately
Board of Commissioners - November 3, 2025
13 acres zoned 1-1, 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)
PUBLIC COMMENTS (limit three minutes)
ESTIMATED
MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS
10. Additional Items
County Commissioners
County Manager
Clerk to the Board
County Attorney
11. ADJOURN
Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Mission
New Hanover County is committed to providing equitable opportunities and exceptional public services through
good governance to ensure a safe, healthy, secure and thriving community for all.
Vision
A vibrant, prosperous, diverse coastal community
committed to building a sustainable future for generations to come.
Shared Values
Professionalism - Equity- Integrity- Innovation - Stewardship- Accountability
Board of Commissioners - November 3, 2025
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: 11/3/2025
Consent
DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board
CONTACT(S): Kym Crowell
SU BJ ECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review held on October 16, 2025
Regular Meeting held on October 20, 2025
STRATEGIC PLAN ALIGNMENT:
• Good Governance
o Effective County Management
■ Increase transparency and awareness about county actions
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners - November 3, 2025
ITEM: 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: 11/3/2025
Consent
DEPARTMENT: Tax PRESENTER(S): Allison Snell, NHC Tax Administrator
CONTACT(S): Allison Snell, Trina Baxley N HC Tax Collections Supervisor
SU BJ ECT:
Approval of the September 2025 Tax Collection Reports
BRIEF SUMMARY:
N CGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected.
The report for September 2025 in comparison to September 2024 is as follows:
New Hanover County
September 2025
September 2024
Real Property
16.79%
18.12%
Personal Property
20.93%
21.45%
Motor Vehicle
100.00%
100.00%
Overall Collection Rate
18.36%
19.87%
Total Collected YTD
$ 43,665,748.92
$ 42,234,535.44
New Hanover County Debt Service
September 2025
September 2024
Real Property
16.71%
18.09%
Personal Property
20.78%
20.75%
Motor Vehicle
100.00%
100.00%
Overall Collection Rate
18.61%
19.96%
Total Collected YTD
$ 1,662,667.55
$ 2,087,088.17
Grand Total Collected YTD
$ 45,328,416.47
$ 44,321,623.61
New Hanover County Fire District
September 2025
September 2024
Real Property
17.32%
18.35%
Personal Property
21.27%
21.13%
Motor Vehicle
100.00%
100.00%
Overall Collection Rate
18.83%
20.46%
Total Collected YTD
$ 4,184,635.19
$ 2,815,264.32
Board of Commissioners - November 3, 2025
ITEM: 2
STRATEGIC PLAN ALIGNMENT:
e Good Governance
o Strong Financial Performance
■ Proactively manage the county budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval of the reports.
ATTACHMENTS:
September 2025 EOM - NHC1
September 2025 EOM - NHC3
September 2025 EOM - NHC2
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners - November 3, 2025
ITEM: 2
New Hanover County Monthly Collection Report for September 2025
Current Year 2025-2026
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll/Billed
$224,400,362.99
$
11,410,760.63
$
3,914,082.44
$
239,725,206.06
Abatements
($2,273,954.87)
$
(5,704.92)
$
-
$
(2,279,659.79)
Adjustments
$68,967.79
$
48,144.20
$
-
$
117,111.99
Total Taxes Charged
$
222,195,375.91
$
11,453,199.91
$
3,914,082.44
$
237,562,658.26
Collections to Date
$37,430,579.80
$
2,406,741.84
$
3,914,082.44
$
43,751,404.08
*Refunds
$
114,058.48
$
10,458.50
$
-
$
124,516.98
Write-off
$
162.44
$
1,167.92
$
-
$
1,330.36
Outstanding Balance
$
184,878,692.15
$
9,055,748.65
$
-
$
193,934,440.80
Collection Percentage
16.79%
20.93%
100.00%
18.36%
YTD Interest Collected
$
2,238.31
$
-
$
36,623.51
$
38,861.82
Total 2025-2026 Collections YTD $ 43,665,748.92
Prior Years 2015-2024
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll
$
1,373,275.69
$3,594,023.66
$
221.10
$
4,967,520.45
Abatements
$
-
($4,765.77)
$
-
$
(4,765.77)
Adjustments
$
-
$0.00
$
-
$
-
Total Levy
$
1,373,275.69
$
3,589,257.89
$
221.10
$
4,962,754.68
Collections to Date
$
237,901.43
$137,054.21
$
-
$
374,955.64
*Refunds
$
28,240.67
$
1,279.33
$
-
$
29,520.00
Write-off
$
33,441.00
$
511,011.37
$
221.10
$
544,673.47
Outstanding Balance
$
1,130,173.93
$
2,942,471.64
$
-
$
5,161,992.51
YTD Interest Collected
$
39,571.93
$17,333.07
$
-
$
56,905.00
Total Prior Year Collections YTD
$ 402,340.64
Grand Total All Collections YTD $ 44,068,089,56
*Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
Chair
Clerk to the Board
Date
Board of Commissioners - November 3, 2025 NH EOM
ITEM: 2 - 1 - 1
New Hanover County Debt Service Monthly Collection Report for September 2025
Current Year 2025-2026
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll/Billed
$8,372,350.10
$ 449,298.04
$
181,806.08
$ 9,003,454.22
Abatements
$
(84,791.73)
$ (236.00)
$
-
$ (85,027.73)
Adjustments
$
2,571.27
$ 1,795.22
$
-
$ 4,366.49
Total Taxes Charged
$
8,290,129.64
$ 450,857.26
$
181,806.08
$ 8,922,792.98
Collections to Date
$1,385,262.23
$ 93,651.79
$
181,806.08
$ 1,660,720.10
*Refunds
$
85.04
$ -
$
-
$ 85.04
Write-off
$
6.53
$ 44.15
$
$ 50.68
Outstanding Balance
$
6,904,945.92
$ 357,161.32
$
$ 7,262,107.24
Collection Percentage
16.71%
20.78%
100.00%
18.61%
YTD Interest Collected
$
143.77
$ -
$
1,888.72
$ 2,032.49
Total2025-2026 Collections YTD $ 1,662,667.55
Prior Years 2015-2024
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll
$103,055.32
$347,404.10
$
$ 450,459.42
Abatements
$0.00
($302.81)
$
$ (302.81)
Adjustments
$0.00
$0.00
$
$ -
Total Levy
$
103,055.32
$ 347,101.29
$
$ 450,156.61
Collections to Date
$14,788.45
$5,465.16
$
$ 20,253.61
*Refunds
$
933.49
$ 11.31
$
$ 944.80
Write-off
$
78.30
$ 0.41
$
$ 78.71
Outstanding Balance
$
89,122.06
$ 341,647.03
$
$ 430,926.51
YTD Interest Collected
$3,245.02
$1,645.32
$
$ 4,890.34
Total Prior Year Collections YTD
24,199.15
Grand Total All Collections YTD $ 1,686,866.70
*Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
Chair
Clerk to the Board
Date
NH3EOM
Board of Commissioners - November 3, 2025
ITEM: 2 - 2 - 1
New Hanover County Fire District Monthly Collection Report for September 2025
Current Year 2025-2026
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll/Billed
$
20,828,270.55
$ 1,192,712.84
$
349,506.81
$ 22,370,490.20
Abatements
$
(172,335.90)
$ (777.21)
$
-
$ (173,113.11)
Adjustments
$
8,989.09
$ (276.51)
$
-
$ 8,712.58
Total Taxes Charged
$
20,664,923.74
$ 1,191,659.12
$
349,506.81
$ 22,206,089.67
Collections to Date
$
3,578,722.00
$ 253,302.39
$
349,506.81
$ 4,181,531.20
*Refunds
$
51.69
$ -
$
-
$ 51.69
Write-off
$
31.55
$ 146.07
$
$ 177.62
Outstanding Balance
$
17,086,221.88
$ 938,210.66
$
$ 18,024,432.54
Collection Percentage
17.32%
21.27%
100.00%
18.83%
YTD Interest Collected
$
286.50
$ -
$
2,869.18
$ 3,155.68
Total2025-2026 Collections YTD $ 4,184,635.19
Prior Years 2015-2024
Real Estate
Personal Property
Motor Vehicles
Combined
Scroll
$
94,542.32
$ 198,103.71
$
$
292,646.03
Abatements
$
-
$ 20,281.47
$
$
20,281.47
Adjustments
$
-
$ 145.93
$
$
145.93
Total Levy
$
94,542.32
$ 218,531.11
$
$
313,073.43
Collections to Date
$
14,220.14
$ 23,730.39
$
$
37,950.53
*Refunds
$
-
$ -
$
$
-
Write-off
$
1,876.52
$ 23,801.83
$
$
25,678.35
Outstanding Balance
$
78,445.66
$ 170,998.89
$
$
300,801.25
YTD Interest Collected
$
2,918.94
$ 876.46
$
$
3,795.40
Total Prior Year Collections YTD
$
41,745.93
Grand Total All Collections YTD
$
4,226,381.12
*Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
Chair
Clerk to the Board
Date
FD EOM
Board of Commissioners - November 3, 2025
ITEM: 2 - 3 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: 11/3/2025
Consent
DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, N HC County Manager
CONTACT(S): Jordan Smith, N HC County Attorney, Eric Credle, N HC Chief Financial Officer and Jessica
Loeper, NHC Assistant County Manager
SU BJ ECT:
Approval of a Funding Partnership with the City of Wilmington for Potential Park Acquisition
BRIEF SUMMARY:
At the Wilmington City Council meeting on October 7, 2025, a resolution was passed authorizing City staff to pursue
the acquisition of real property suitable for the development of a new park and recreation amenities, to include
funding partnerships. The resolution also authorized City staff to seek a commitment from New Hanover County for a
funding partnership potential, ideally as a 1:1 match for any City -provided funds, up to $1 million. The City is also
pursuing grant opportunities from the Community Endowment and potentially other grant sources to help fund the
potential acquisition.
The City has requested New Hanover County Board of Commissioners take a formal action, establishing the County's
willingness to be a funding partner in this initiative and directing County staff to work with the City, as needed, as they
take steps to acquire property for public green space.
STRATEGIC PLAN ALIGNMENT:
Sustainable Land Use & Environmental Stewardship
o Natural areas and critical environmental features are enhanced and protected.
■ Ensure development compliments natural features.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve a partnership with the City of Wilmington to support a potential green space acquisition, with County funding
not to exceed $1 million, and direct County staff to work with the City, as needed, on the acquisition efforts.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approve 5-0.
Board of Commissioners - November 3, 2025
ITEM: 3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: 11/3/2025
Regular
DEPARTMENT: Governing Body PRESENTER(S): Commissioner Dane Scalise
CONTACT(S): Commissioner Scalise and Kym Crowell, Clerk to the Board
SUBJECT:
Consideration of Resolution Recognizing William R. Turner, Jr. For 75 Consecutive Years Dedicated to Scouting
America
BRIEF SUMMARY:
The Board is being asked to consider adopting a resolution recognizing William R. Turner, Jr. for 75 consecutive years
of membership and leadership in Scouting America, marking an extraordinary milestone of dedication and service to
youth and community.
STRATEGIC PLAN ALIGNMENT:
• Good Governance
o Effective County Management
■ I ncrease transparency and awareness about county actions
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution and present to Mr. Turner.
ATTACHMENTS:
Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Adopted 5-0.
Board of Commissioners - November 3, 2025
ITEM: 4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION RECOGNIZING WILLIAM R. TURNER, JR.
FOR 75 CONSECUTIVE YEARS DEDICATED TO SCOUTING AMERICA
WHEREAS, William R. Turner, Jr. has devoted 75 consecutive years of service to the Boy Scouts of America,
now Scouting America, beginning as a young Scout in the first grade and rising through the ranks to earn
the distinguished Eagle Scout Award; and
WHEREAS, as an adult, Mr. Turner remained an active and registered member of Scouting America even
while serving his country in the United States Army and being stationed in Asia, notably working with
South Korean Scouts for a number of years; and
WHEREAS, Mr. Turner has been an active member and leader of Troop 26 for sixty years, which is
sponsored by Wesley Memorial United Methodist Church in Wilmington; and Troop 26 is the largest troop
in the Scouting America Council's eight -county service area. Mr. Turner has previously served as the
group's Scoutmaster on multiple occasions and currently serves as Committee Chair, in addition to holding
various Scouting America leadership positions locally, statewide, and nationally; and
WHEREAS, notably, Mr. Turner has been actively involved in helping more than 250 Scouts achieve their
Eagle Scout Award, an honor earned by less than two percent of all program participants, and Eagle Scout
recipients, both historically and today, represent some of the most respected and esteemed leaders in our
country; and
WHEREAS, Mr. Turner's personal values closely align with Scouting America's core principles, emphasizing
duty to God and Country, helping others at all times, and offering a lending hand to those in need; and
WHEREAS, this 75th anniversary milestone is a remarkable accomplishment, achieved by very few
members of Scouting America or of any organization, and Mr. Turner's commitment, dedication, and
passion have touched countless lives, shaping generations of young people and strengthening the fabric
of our community.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby
recognizes William R. Turner, Jr. for 75 consecutive years dedicated to Scouting America, and extends
sincere appreciation for his unwavering service, exemplary leadership, and lasting contributions to New
Hanover County and the greater Cape Fear region.
ADOPTED this 3rd day of November, 2025.
NEW HANOVER COUNTY
William E. Rivenbark, Chair
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - November 3, 2025
ITEM: 4 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: 11/3/2025
Regular
County
Brandy Garris, Nurse Manager, Novant Health and Logan Weaver,
DEPARTMENT: Manager PRESENTER(S): Novant Health, Strategic Relationships Lead, Public Affairs &
Government Relations
CONTACT(S): Chris Coudriet, N HC County Manager and Jonathan Campbell, HHS Public Health Director
SU BJ ECT:
Consideration of Prematurity Awareness Month Proclamation
BRIEF SUMMARY:
Novant Health requests the Board of County Commissioners to consider adopting a proclamation recognizing
November as Prematurity Awareness Month and November 17 as World Prematurity Day in New Hanover County.
The proclamation highlights that roughly one in ten local infants are born preterm and underscores the importance of
education, prenatal care, and addressing social determinants of health.
The proclamation also emphasizes the County's collaboration with healthcare partners, including Novant Health, to
promote healthy pregnancies and improve outcomes for mothers, babies, and families. This effort reflects the
County's ongoing commitment to advancing community safety and well-being.
STRATEGIC PLAN ALIGNMENT:
• Community Safety & Well-being
o Every resident has access to services that support their physical health and mental well-being.
■ Connect residents to individualized services at the right time with a variety of service
providers
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation and take photo with representative(s).
ATTACHMENTS:
Prematurity Awareness Month Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Adopted 5-0.
Board of Commissioners - November 3, 2025
ITEM: 5
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PREMATURITY AWARENESS MONTH PROCLAMATION
WHEREAS, preterm birth, defined as birth before 37 weeks of pregnancy, remains a
leading cause of infant illness and death across North Carolina and the nation; and
WHEREAS, local data show that in New Hanover County, the percentage of babies
born preterm has ranged from 9.9% to 11.8% between 2019 and 2023, indicating that
roughly one in ten local births occurs too early; and
WHEREAS, preterm birth can lead to long-term health and developmental challenges
for children and emotional and financial strain for families; and
WHEREAS, New Hanover County partners with healthcare systems, including Novant
Health, along with community organizations, to advance education, access to prenatal
care, and programs that address social determinants of health such as housing,
transportation, and nutrition; and
WHEREAS, public awareness efforts in November promote early action, education,
and community support to prevent preterm births and give every baby the best
possible start in life; and
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that the month of November is recognized as Prematurity Awareness
Month, and November 17 as World Prematurity Day in New Hanover County. The Board
encourages residents, healthcare providers, and community partners to join in raising
awareness and promoting healthy beginnings for every child.
ADOPTED this 3rd day of November, 2025.
NEW HANOVER COUNTY
William E. Rivenbark, Chair
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - November 3, 2025
ITEM: 5 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: 11/3/2025
Regular
DEPARTMENT: County PRESENTER(S): Joe Suleyman, Recycling and Solid Waste Director and Sheriff Deputy
Attorney Sergeant Shaun Moore
CONTACT(S): Kemp Burpeau, N HC Sr. Deputy County Attorney; Jessica Loeper, Assistant County Manager
SU BJ ECT:
Hearing on Revocation of a Solid Waste Collection Franchise
BRIEF SUMMARY:
The Board will hold a hearing to determine whether to revoke the Seahawk Sanitation, Inc. franchise. This hearing is
an appeal of the County Manager's determination to revoke the franchise based on five complaints received from
residents in March, May, and June 2025, despite continued notifications and compliance conversations between the
County and the owner. The complaints alleged violations of the County noise ordinance and nuisances resulting from
Seahawk Sanitation's trash collection with compactor trucks around 4:00 a.m. and 5:00 a.m. in residential
subdivisions.
Statements will be provided by Joe Suleyman and Sergeant Shaun Moore with the Sheriff's Office, who both provided
notification of the complaints to Seahawk Sanitation and discussed compliance actions. In addition, the owner of
Seahawk Sanitation, Anthony Jordan Cordero, will provide statements, along with any others he may designate to
speak.
STRATEGIC PLAN ALIGNMENT:
• Good Governance
o Effective County Management
■ Increase transparency and awareness about county actions
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hold hearing and render a final determination.
ATTACHMENTS:
Script
Franchise Agreement
Re\ocation Notice Letter dated July 30, 2025
Hearing Continuation Letter dated October 3, 2025
County Code Chapter 44-55
County Code Noise Ordinance, Chapter 23, Environment, Article 11, Noise and Article III, Nuisances
Board of Commissioners - November 3, 2025
ITEM: 6
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommended the Board hold the hearing and render a final determination.
COMMISSIONERS' ACTIONS:
The Board held a public hearing and approved to revoke the Seahawk Sanitation franchise 5-0.
Board of Commissioners - November 3, 2025
ITEM: 6
Board of Commissioners Script for Franchise Revocation Hearing
1. This is a hearing to consider revocation of the franchise for Seahawk Sanitation to haul
solid waste in New Hanover County.
2. We will hear a brief overview from our Deputy County Attorney Kemp Burpeau, followed
by statements from Recycling and Solid Waste Director Joe Suleyman and Deputy Sheriff
Sergeant Shawn Moore. Then the owner of Seahawk Sanitation and any other person they
designate will have up to 15 minutes to present evidence to be considered by this board.
3. Conduct Hearing, as follows:
a. Staff Overview and Statements (up to 15 minutes)
b. Opponent's Evidence (up to 15 minutes)
4. Board discussion (including clarifying questions with legal or other county staff)
5. Vote on the revocation
Example Motion for REVOCATION
I move for franchise revocation for Seahawk Sanitation, because despite notifications by the
Recycling and Solid Waste Director and Deputy Sheriff, nuisance practices and noise continued
over several months disturbing the peace, comfort and repose of residences in the early
morning hours in violation of county ordinance.
Example Motion for REVOCATION WITH STAYING EFFECT
I move that franchise revocation for Seahawk Sanitation be stayed, provided no further
Seahawk operational violations occur within the next 90 days. While there is evidence
supporting revocation based on multiple violations of the county's ordinance, I find this
action to be consistent with the information provided during this hearing and fair, given
no additional Seahawk Sanitation violations have been reported.
Example Motion for REJECTING REVOCATION:
I move that the franchise revocation be rejected, as there are not sufficient facts
supporting Seahawk Sanitation's nuisance practices or noise violations justifying
franchise revocation.
New Hanover County Contract # 23-0118
STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT
FOR
COUNTY OF NEW HANOVER SOLID WASTE SERVICES
,/� THIS FRANCHISE AGREEMENT made and entered into this the jday of
Ve.C4nbtr 2023, by and between NEW HANOVER COUNTY, North Carolina, a political
subdivision of the State of North Carolina, hereinafter called "County" and SEAHAWK
SANITATION, INC., a North Carolina Corporation, with its principal mailing address 7220
Verona Drive Wilmington, NC 28411, hereinafter called "Operator."
WITNESSETH
WHEREAS, the County has, through the power granted to it under G.S. 153A-136,
adopted an ordinance regulating the collection and disposal of solid wastes and requiring that
all waste haulers have a license and a franchise in order to operate in the County, in order to
provide the residents and commercial customer of the County with reliable, environmentally
sound waste disposal now and in the future; and
WHEREAS, Operator has contracted with commercial and/or residential customers
located in New Hanover County in order to provide solid waste collection and disposal; and
NOW THEREFORE, in consideration of the mutual benefits inuring to the parties
hereto and based upon the mutual covenants contained herein and the considerations stated
herein, the parties do hereby covenant and agree, and County hereby conveys a non-
exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or
residential customers in the County. The parties therefore agree to the following terms and
conditions:
1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven
(7) years from the date of signing. The Franchise may automatically renew and
extend for a subsequent seven (7) year term, contingent upon County
Commissioners approval pursuant to G.S. 153A-46.
2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to
provide commercial and/or residential customers with solid waste collection and
transportation to County -approved disposal sites.
3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste
collected in the County, as part of this franchise agreement, at County approved
facilities consistent with State law. With regard to County -approved facilities, said
approval must be obtained by Operator prior to the disposal at said facilities, and
said approval shall be granted or denied entirely at the discretion of the County.
The County also has the authority to designate which facilities shall be used.
4. Curbside Recycling. Should Operator provide curbside trash collection services,
Operator must also offer customer a curbside recycling option.
5. Administration/Billing. All billing of customers shall remain the responsibility of the
franchisee.
6. Franchise. It is understood and agreed that all of the terms and conditions of New
Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise
Board of Commissioners - November 3, 2025
ITEM: 6 - 2 - 1
New Hanover County Contract # 23-0118
for solid waste collections are incorporated herein by reference and made a part
hereof as if fully set forth, including but not limited to insurance requirements.
7. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff
and equipment to comply with any applicable regulations and laws.
8. Independent Contractor. It is mutually understood and agreed that Operator is an
independent contractor and not an agent of the county, and as such, Operator, its
agents and employees shall not be entitled to any County employee benefits, and
as such, Operator, its agents and employees shall not be entitled to any County
employment benefits, such as, but not limited to, vacation, sick leave, insurance,
workers' compensation, or pension or retirement benefits.
9. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the
County, its agents and employees, harmless against any and all claims, demands,
causes of action, or other liability, including attorneys' fees, on account of personal
injuries or death or on account of property damages arising out of or relating to the
work to be performed by Operator hereunder, resulting from the negligence of or
willful act or omission of Operator, its agents, employees and subcontractors. To
the extent permitted by law, the County shall indemnify and hold the Operator, its
agents and employees, harmless against any and all claims, demands causes of
action, or other liability, including attorneys' fees, on account of personal injuries
or death or on account of property damages arising out of or related to the solid
waste services operated and administered by the County, and resulting from the
negligence of or willful act or omission of the County, its agents, employees, and
subcontractors.
10. Commercial General Liability. Franchise shall maintain Commercial General
Liability (CGL) and if necessary, Commercial Umbrella Liability (CUL) insurance
with a total limit of not less than $1,000,000 for each occurrence for bodily injury
and property damage, If such CGL insurance contains a general aggregate limit,
it shall apply separately to this work or services, or the general aggregate shall be
twice the required limit.
11. Business Auto Liability. Operator shall maintain applicable Business Liability and,
if necessary, Commercial Umbrella Liability insurance with a limit of not less than
$1,000,000 each accident. Such insurance shall cover liability arising out of any
auto, including owned, hired, and non owned autos used in the performance of
work or services.
12. Assignment, Contracting. The parties agree that this agreement is not transferable
or assignable by either party without the written consent of the other party to this
agreement. Operator shall not subcontract with another entity to perform the
services described herein without the approval of the County Manager or his
designee.
13, Termination. The franchisee may terminate this franchise upon three hundred
sixty-five (365) days written notice, or less notice with the consent of the County.
The County may only revoke the franchise for cause as set out in Chapter 44,
"Solid Waste," of the New Hanover County Code. This franchise may be modified
or revoked by the County in the event that an ordinance is passed by the Board of
Board of Commissioners - November 3, 2025
ITEM: 6 - 2 - 2
New Hanover County Contract # 23-0118
Commissioners creating an exclusive franchise system for residential solid waste
collection in the unincorporated County.
14, Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict
performance of any provision of this agreement or to exercise any right based upon
a breach thereof, or the acceptance of any performance during such breach, shall
not constitute a waiver of any rights under this agreement.
15. Equal Opportunity. In connection with the performance of this agreement,
Operator agrees not to discriminate against any employee or applicant for
employment because of race, religion, color, sex, age, disability, or national origin.
16. Entire Agreement. This agreement constitutes the entire understanding of the
parties with regard to the provision of solid waste collection and disposal. No
modification of rescission of this agreement shall be effective unless evidenced by
a writing signed by both parties to this agreement.
17. E-Verify Compliance. Operator shall fully comply with the U,S. Department of
Homeland Security employee legal status E-Verify requirements for itself and all
its subcontractors. Violation of the provision, unless timely cured, shall constitute
a breach of contract.
IN WITNESS THEREOF, the parties have hereunto set their hands and seals by
authority duly given on the day and year first above written.
[SEAL]
STATE OFF'
`&f }l COUNTY
SEAHAWK SANIT TION, INC.
CLAV lr�4 (SEAL)
Preside
I, r f , a Notary Public of the State and County aforesaid,
certify that came before me this day and acknowledged that
(s)he is President of EAHAW SANITATION, INC, a North Carolina Corporation, and that
by County duly given and as the act of the corporation, the foregoing instrument was signed
and sealed in its name by its President.
WITNESS my hand and official seal, this � day of w el( , 202 .
Notary Public y Commission Expires
MICHELLE SULLIVAN
Notary Public, North Carolina
[SEAL] New Hanover County
My Commission Expires
se cemb r 2� oz nature page attached hereto
and incorporated herein by reference.
Board of Commissioners - November 3, 2025
ITEM: 6 - 2 - 3
Signature Page
Contract #:
23-0118
NEW HANOVER COUNTY
6 6tE omZU1,11-
County Manager
Manager Date Signed:
12/13/2023
ATTEST:
JAJ ,C-0A
Clerk to the Board
Clerk Date Signed
12/13/2023
Approved as to form:
" ,
County Attorney
Attorney Date Signed
12/14/2023
Board of Commissioners - November 3, 2025
ITEM: 6 - 2 - 4
NtVV MAIVVVCK L.VVIV I T
COUNTY ATTORNEYS OFFICE
230 Government Center Drive, Suite 125, Wilmington, NC 28403
P: (910) 798-7153 1 F: (910) 798-7844 1 NHCgov.com
K. Jordan Smith, County Attorney
Kemp P. Burpeau, Senior Deputy County Attorney I Karen F. Richards, Deputy County Attorney
July 30, 2025
Seahawk Sanitation, Inc.
Attn: Anthony Jordon Cordero
7220 Verona Drive
Wilmington NC 28411
Service by Sheriff
Re: Franchise Revocation, New Hanover County Contract # 23-0118
Dear Mr. Cordero:
please take note that the County Manager has determined the above -referenced franchise is to be revoked
effective September 2, 2025. Throughout 2025 Seahawk has repeatedly disturbed the peace, comfort and
response of county residents by collecting solid waste in the early morning hours prior to 6:00 am. The company
has persisted in these violations despite repeated County notifications to desist. Your representation that Seahawk
i would discontinue such improper early morning activity has not been honored.
This revocation shall preclude you from collecting and disposing of waste, and you will no longer have access to
the New Hanover County landfill.
Should you wish to have an opportunity for a hearing before the Board of County Commissioners, such a request
must be made in writing to me at the address above or by email to kbgMeau@nhc og_ v.com within ten (10) days of
service of this Notice. Otherwise, the revocation shall be placed on September 2, 2025, Commissioners' Consent
Agenda for finalization.
Sincerely,
/(M/Wylp. 4wj4 04—
Kemp P. Burpeau
Cc:
Chris Coudriet, County Manager
Jordan Smith, County Attorney
Joe Suleyman, Recycling and Solid Waste Director
Board of Commissioners - November 3, 2025
ITEM: 6 - 3 - 1
r1i
r�rr ■ Mr-11TAvv IMF% %.VVIV I I �7V' lid
COUNTY ATTORNEYS OFFICE
230 Government Center Drive, Suite 125, Wilmington, NC 28403
P: (910) 798-7153 1 F. (910) 798-7844 1 NHCgov.com
K. Jordan Smith, County Attorney
Kemp P. Burpeau, Senior Deputy County Attorney I Karen F. Richards, Deputy County Attorney
October 3, 2025
Seahawk Sanitation, Inc.
Attn: Anthony Jordon Cordero
7220 Verona Drive
Wilmington NC 28411
Re: Franchise Revocation Hearing
Dear Mr. Cordero:
Thank you for discussing the above -referenced matter with me. The original hearing scheduled for September 15,
2025, and October 20, 2025, and has been continued at your request for a final time. The hearing is now re-
scheduled for Monday, November 3, 2025, at 4:00 pm or thereafter at the New Hanover County Historic
Courthouse, 316 Princess Street, Wilmington, North Carolina, 28401.
Sincerely,
Xemp P. Burpeau
Kemp P. Burpeau
Cc:
Chris Coudriet, County Manager
Jordan Smith, County Attorney
Joe Suleyman, Recycling and Solid Waste Director
Jessica Loper, Assistant County Manager
Board of Commissioners - November 3, 2025
ITEM: 6 - 4 - 1
10/7/25, 9:57 AM New Hanover County, NC Code of Ordinances
Sec. 44-55. - Franchise required for solid waste collection. �..
(a) A franchise from the board shall be required of any person or entity who collects, transports,
and/or disposes of solid waste for compensation within the county. Operation without a franchise
is prohibited and violations are subject to the enforcement provisions of this chapter. The
franchise shall be readily available at the franchisee's place of business. Franchises for residential
customers should be exclusive as to the geographic area included in the franchise, if so
designated by the county, and franchises for services to commercial customers shall be non-
exclusive.
(b) Residential franchises shall be negotiated by the county, and the franchise may include the entire
unincorporated county or sections of the county, at the discretion of the county. Commercial
franchises, although mandatory, shall not be unreasonably withheld by the county, and any
hauler who meets the requirements set by the county manager for a license shall qualify for a
franchise. A franchise shall be contingent upon the waste collector' remaining licensed, however.
(c) All applicants for franchises to collect, transport and dispose of solid waste shall file written
application with the county manager or his designee, and shall furnish the following information:
(1) Name and address of applicant and whether a sole proprietorship, corporation, or
partnership, with disclosure of the ownership interests.
(2) A list of the equipment possessed, available, or to be obtained within 18 months by the
applicant.
(3) Number of employees the applicant expects to use in said business.
(4) Experience of the applicant in solid waste collection.
(5) Balance sheet or equivalent financial statement prepared by a certified public accountant or
other person satisfactory to the board as of the close of the applicant's last business year,
showing the net worth of the business. All financial data submitted in compliance with the
requirements of this paragraph shall be confidential under G.S. 132-1.2, and shall not be
regarded as public information. In lieu of the financial statement, the county will accept a
notarized statement from a certified public accountant verifying the financial viability of the
applicant business.
(6) Any information the board may hereinafter request.
The county shall process, accept or deny, each application within 60 days of receipt.
(d) All waste haulers operating in the county as of January 1, 2002, shall be granted a franchise.
(e) Franchises shall be subject to a yearly review with the information designated in the above
subsection (c) being presented to the county manager, during the last month of each year of
service, or at such alternative annual date as designated by the manager's office.
(f)
Board of Commissioners - November 3, 2025
about:blank ITEM: 6 - 5 - 1 1/3
10/7/25, 9:57 AM
New Hanover County, NC Code of Ordinances
The county manager or his designee shall bring applications for franchises and a review of existing
franchises to the board at such times as he deems appropriate, consistent with the period for approval
above, and may grant to the applicants adjudged by the board to be qualified, a franchise to collect waste
in the county. The terms of such franchises shall not exceed seven years, and shall be renewable.
(g) The board reserves the right to revoke any franchise granted, upon satisfactory proof of the
inability or failure of the franchisee to properly perform the duties covered by the permit and
contract in a satisfactory manner or for any of the grounds as set out in subsection (m) below,
after the franchisee has been given an opportunity for a hearing upon ten days written notice by
mail before the hearing setting forth the grounds for revocation.
(h) The franchisee shall serve every person or business who contracts with him or her for solid waste
in such a manner that the franchisee does not cause the person to be in violation with this
chapter. The franchisee shall not discriminate against any person for contract purposes in
violation of the Civil Rights Act as amended on the basis of race, color, creed, religion, national
origin, physical impairment or sex.
(i) Before the county manager issues a franchise pursuant to this chapter, the county manager or
his or her duly authorized representative shall determine that all facilities, equipment, and
proposed operating methods the applicant plans to use in the solid waste collection business are
in compliance with this chapter and applicable regulations of the state commission for health
services.
(j) The applicant, upon being awarded the right to collect and dispose of solid waste by the board as
hereinabove provided for, shall secure and present to the county manager a good and sufficient
surety bond or liability insurance policy covering and insuring payment of such damages as may
be done by the franchisee to the premises or property upon which he or she may enter for the
purpose of collecting or disposing of solid waste.
(1) Business automotive liability with minimum limits of $500,000.00 each accident.
(2) Commercial general liability policy with minimum limits of $500,000.00 each occurrence for
bodily injury and property damage. This policy shall include New Hanover County, its officers,
official agents and employees as additional insured by Insurance Services Office endorsement
CG 20 29 (or its equivalent).
(k) Should any franchisee, now existing or hereafter granted under the provisions of this chapter, be
sold, assigned, pledged, or transferred, or if control thereof should be changed by stock transfer
or otherwise, or any rights thereunder leased or should there be any merger or combination
affecting the franchise be made through acquisition or control by stock purchase or otherwise,
then a new application will need to be made and written approval which shall be given if justified
by the facts then existing. If any such transaction takes place prior to approval of the new
Board of Commissioners - November 3, 2025
about:blank ITEM: 6 - 5 - 2 2/3
10/7/25, 9:57 AM
New Hanover County, NC Code of Ordinances
application, the new entity shall operate under a temporary franchise under the terms of the previous
franchise, subject to approval or termination at the time of the consideration of the new application.
(1) Any and every franchise now existing or hereafter issued, shall be subject to the provisions of this
chapter and as it may hereafter be amended from time to time, except that any amendment or
amendments that may be made from time to time affecting the duration of a franchise or
franchises existing at the time of the enactment of the amendment or amendments. Any
franchise transferred or assigned without the express written authority of the board of county
manager or his designee shall be void and of no effect, and any collection thereunder is in
violation of this chapter.
(m) A franchise granted under this chapter may be revoked after notice and hearing as provided in
subsection (g) and for noncompliance with the provisions of this chapter.
(n) A franchisee must dispose of all municipal waste collected within New Hanover County at such
facilities designated by the county manager.
(o) The franchisee shall be subject to all duties, obligations and conditions in Chapter 44 whether or
not set forth in any executed franchise agreement.
(p) The franchisee hereby indemnifies and holds harmless New Hanover County from any liability,
whether arising under law or equity, tort or contract, attributable in whole or part to the
negligence, omission or intentional act of franchisee, its employees, agent or subcontractors.
(Ord. of 6-2-2003, § 4; Ord. of 6-4-2012, §§ 1-6; Ord. of 9-12-2012)
Board of Commissioners - November 3, 2025
about:blank ITEM: 6 - 5 - 3 313
ARTICLE II. - NOISE
Sec. 23-31. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
'A" weighing scale (as defined in standard 1.4 of the Standard Specifications for Sound. Level Meters,
American National Standards Institute, 1971) means one of three frequency response networks included in
sound level meters. The "A" scale is designed to give an approximate evaluation of subjective response in
terms of both loudness and annoyance.
Ambient noise means the all -encompassing noise associated with a given environment, being usually a
composite of sounds from any sources, near and far.
Decibel means a unit of level used to measure sound intensity, equal to the logarithm of the ratio of the
intensity of the sound to reference pressure.
Sound level meter means an instrument which includes a microphone, an amplifier, an output meter and
frequency weighing networks for the measurement of noise and sound level in a specific manner.
(Code 1978, § 11-55)
Cross reference— Definitions generally, § 1-2.
Sec. 23-32. - Noise measurement.
(a) For the purpose of determining decibel levels, the noise shall be measured on the "A" weighing
scale on a sound level meter of standard design and quality having characteristics established by
the American National Standards Institute and the ambient noise level shall be measured
immediately after cessation of any sound which, when combined with the ambient noise, exceeds
decibel limits set forth in this article.
(b) Except for noise within multifamily or multi -tenanted structures, noise measurements shall be
made at the nearest corner of the complaining primary structure but when the measurement in
such location is not practical, noise measurements may be made at the boundary of the public
right-of-way which adjoins the complaining property. Such noise measurements shall be made at
a height of at least four feet above the ground and at a point approximately ten feet away from
walls, barriers or obstructions (trees, bushes, etc.). In the case of noises within multifamily or
multi -tenanted structures, noise measurements shall be made in the complaining unit of the
multifamily or multi -tenanted structure at a height of at least four feet above the floor or in the
common area nearest the unit from which the suspect sound is emanating and at a point
approximately equidistant from all walls.
(c) No individual other than the operators shall be within ten feet of the sound level meter during
the sample period.
about:blank Board of Commissioners - November 3, 2025 1/3
ITEM: 6 - 6 - 1
10/7/25, 9:59 AM
New Hanover County, NC Code of Ordinances
(d) The sound level measurements shall be determined as follows:
(1) Calibrate the sound level meter within one hour before use.
(2) Set the sound level meter on the "A" weighted network.
(3) Set the omnidirectional microphone in an approximately 70-degree position in a location
which complies with subsection (b) of this section.
(e) It shall be unlawful for any person to interfere, through the use of sound or otherwise, with the
taking of sound level measurement.
(Code 1978, § 11-56)
Sec. 23-33. - Noises prohibited generally.
(a) Nonresidentially zoned districts. For nonresidentially zoned districts, it shall be unlawful for any
person to cause or create any sound which, when combined with the ambient noise, exceeds 75
decibels re 0.0002 microbars on the "A" weighing scale. If the ambient noise level exceeds 75
decibels re 0.0002 microbars on the "A" weighing scale, a violation of this article shall occur only
when such sound exceeds the ambient noise level by three decibels. Between the hours of 10:00
p.m. and 7:00 a.m. the above sound level shall be reduced to 70 decibels.
(b) Residentially zoned districts. For residentially zoned districts, it shall be unlawful for any person to
cause or create any sound which, when combined with the ambient noise, exceeds 65 decibels re
0.0002 microbars on the "A" weighing scale. If the ambient noise level exceeds 65 decibels re
0.0002 microbars on the "A" weighing scale, a violation of this article shall occur only when such
sound exceeds the ambient noise level by three decibels. Between the hours of 10:00 p.m. and
7:00 a.m. the above sound level shall be reduced to 50 decibels.
(Code 1978, § 11-54)
Sec. 23-34. - Sounds generally.
(a) Notwithstanding the decibel ranges set forth in section 23-33, a decibel level reading shall not be
necessary for proving a violation of this section.
(b) It shall be unlawful to carry on the following activities:
(1) Operate construction machinery and chainsaws between the hours of 9:00 p.m. and 7:00 a.m.
in any residentially zoned area of the county.
(2) Operate garage machinery between the hours of 9:00 p.m. and 7:00 a.m. in any residentially
zoned area of the county.
(3) Operate lawn mowers and other domestic tools out-of-doors between 9:30 p.m. and 6:30 a.m.
in any residentially zoned area of the county.
(4)
Board of Commissioners - November 3, 2025
about:blank ITEM: 6 - 6 - 2 2/3
10/7/25, 9:59 AM
New Hanover County, NC Code of Ordinances
Yelling, shouting, whistling or singing in such a manner as to annoy or disturb the quiet, comfort or repose
of a reasonably prudent person.
(5) The playing of any sound -magnifying device, radio, television, phonograph, amplifier system,
tape deck, tape recorder, or musical instruments in such a manner or with such volume or as
to create vibrations that annoy or disturb the quiet, comfort or repose of a reasonably
prudent person.
(Code 1978, § 11-57)
Board of Commissioners - November 3, 2025
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10/7/25, 10:02 AM
ARTICLE III. - NUISANCES
New Hanover County, NC Code of Ordinances
Sec. 23-71. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Nuisance means any person doing an unlawful act, or omitting to perform a duty, or suffering or
permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(1) Injures or endangers the health or safety of others; or
(2) In anyway renders other persons insecure in life or the use of property, or produces
unreasonable, unwarrantable or material annoyance, discomfort or hurt to other persons.
(Code 1978, § 11-1)
Cross reference— Definitions generally, § 1-2.
Sec. 23-72. - Illustrative enumeration.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private
property of any of the following items, conditions or actions are declared to be and constitute a nuisance;
however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(1) Accumulation of rubbish, garbage, trash, refuse, junk and other abandoned materials, metals,
lumber or other things.
(2) Any condition which provides harborage for rats, mice, snakes and other vermin.
(3) The carcasses of animals or fowl not disposed of within a reasonable time after death.
(4) The pollution of any stream, lake, canal or body of water by sewage, dead animals, creamery,
industrial wastes or other substances.
(5) The uncontrolled growth of weeds or turf grass to a height of one foot or more within 50 feet
of any principal residential structure.
(Code 1978, § 11-2)
Sec. 23-73. - Prohibited.
It shall be unlawful for any person to cause, permit, maintain, make or allow or contribute to the creation
or maintenance of a nuisance.
(Code 1978, § 11-3)
Board of Commissioners - November 3, 2025
about:blank ITEM: 6 - 6 - 4 1/4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: 11/3/2025
Regular
DEPARTMENT: Planning PRESENTER(S): Brad Rosov, M.Sc. Senior Marine Biologist/Project Manager with Coastal
Protection Engineering of North Carolina
CONTACT(S): Dylan McDonnell, NHC Long Range Planner; Rebekah Roth, NHC Planning & Land Use
Director
SU BJ ECT:
Presentation of New Hanover County Water Quality Monitoring Program, 2024 - 2025 Final Report
BRIEF SUMMARY:
New Hanover County, in coordination with Coastal Protection Engineering of North Carolina, Inc. (CPE-NC), has
monitored tidal creeks in the unincorporated areas of the county since 2007. The program has expanded to include
eight tidal creeks after adding monitoring sites in the Island Creek watershed starting in 2021. Additionally, beginning in
2015, three monitoring sites are sampled within the freshwater pond sites at Airlie Gardens, underscoring the county's
commitment to environmental stewardship. Testing focuses on physical parameters (temperature, salinity, dissolved
oxygen), biological indicators (chlorophyll -a, Enterococci), and additional chemical analysis specific for Airlie Gardens.
The FY 2024-2025 report summarizes data collected from July 2024 through June 2025 and examines long-term trends
since the program's inception. Key findings include:
• Dissolved Oxygen: Levels have remained stable across most creeks, showing no significant year-to-year
changes. However, consistently low levels in Prince George Creek are attributed to its naturally slow -moving
waters, which limit oxygen replenishment. This year, lower dissolved oxygen levels were also observed in Island
Creek and Pages Creek.
• Turbidity: Turbidity levels fluctuate on a seasonal basis where, typically, levels decrease during the winter and
increase during the summer. In general, while seasonal differences have been observed over the years, turbidity
levels were relatively low within the sampled creeks for the year.
• Chlorophyll -a: Concentrations have stayed consistent across all monitored watersheds, indicating no adverse
trends in algal growth or water clarity concerns.
• Enterococch Compared to the previous year bacteria levels were lower in a number of creeks including
Barnards, Motts, Prince George and Smith. Persistent issues in Pages Creeks continue to be a focus, with
ongoing efforts to identify contamination sources including additional research from a partnership with New
Hanover County, Cape Fear Public Utility Authority and the University of North Carolina Chapel Hill.
Through this county -led initiative, New Hanover County remains dedicated to improving water quality by leveraging
long-term data analysis and exploring innovative solutions for emerging environmental challenges. The full report is
available online.
STRATEGIC PLAN ALIGNMENT:
Board of Commissioners - November 3, 2025
ITEM: 7
• Good Governance
Internal business processes
■ Communicate what the county does and why
Sustainable Land Use & Environmental Stewardship
o Natural areas and critical environmental features are enhanced and protected.
■ Ensure development compliments natural features.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
Executi\e Summary - Water Quality Monitoring Report 20242025
Presentation Slides - Water Quality Monitoring Report 2024-2025
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation 5-0.
Board of Commissioners - November 3, 2025
ITEM: 7
NEW HANOVER COUNTY WATER QUALITY MONITORING PROGRAM
2024-2025
FINAL REPORT
Prepared by:
Coastal Protection Engineering of North Carolina, Inc.
U OAS7AL
P R o:TECTIC R
ENGINEERING
Marine Scientist: Brad Rosov, M.Sc.
Prepared For:
New Hanover County, North Carolina
Recommended Citation: Rosov, B., 2025. New Hanover County Water Quality Monitoring Program: 2024-
2025 Final Report. New Hanover County, North Carolina: Coastal Protection Engineering of North
Carolina, Inc.
November 2025
Board of Commi&pgrs - November 3, 2025
ITEM: 7 - 1 - 1
EXECUTIVE SUMMARY
This report represents the findings of the New Hanover County Water Quality Monitoring Program for the
period July 2024 through June 2025. The results and long-term trends presented in this report are
described from a watershed perspective. Since 2007 the county has partnered with Coastal Protection
Engineering of North Carolina, Inc. to test water quality within tidal creeks in New Hanover County. The
creeks monitored for the 2024-2025 program year include Barnards, Futch, Lords, Motts, Pages, Prince
George, Smith, and Island.
Across the eight creeks a total of 20 sampling sites are monitored monthly for physical, chemical, and
biological parameters that, collectively, help determine the overall water quality. The objective is to
evaluate the current parameters and monitor trends to identify any decline in water quality. In addition
to the quantitative sampling results, an assessment of the water quality is provided in qualitative terms
for each watershed. This assessment gives each parameter the rating of either "Good", "Fair", or "Poor"
depending on the percentage of samples that went above the State standard for turbidity, chlorophyll -a,
and Enterococci, or below the State standard for dissolved oxygen. If the recorded value of a parameter
was outside the acceptable range of the State standard less than 10% of the times sampled the watershed
received a "Good" rating, a "Fair" rating for 11%-25% of the times sampled, or a "Poor" rating for greater
than 25% of the sampling times. The chart below depicts the overall water quality for each parameter for
each creek based on the rating system described above.
Ratings by watershed during the 2024-2025 reporting period
Prince
Barnards
Futch
Island
Lords
Motts
Pages
Smith
Parameter
George
Creek
Creek
Creek
Creek
Creek
Creek
Creek
Creek
Turbidity
GOOD
GOOD
GOOD
GOOD
GOOD
GOOD
GOOD
GOOD
Dissolved
GOOD
GOOD
POOR
GOOD
GOOD
GOOD
POOR
GOOD
Oxygen
Chlorophyll -a
GOOD
GOOD
GOOD
GOOD
GOOD
GOOD
GOOD
GOOD
Enterococci
GOOD
GOOD
GOOD
GOOD
FAIR
FAIR
GOOD
FAIR
General Trends & Observations
Dissolved oxygen, turbidity, and chlorophyll -a levels fluctuate on a seasonal basis where, typically, levels
decrease during the winter and increase during the summer. In general, while seasonal differences have
been observed over the years, turbidity and chlorophyll -a levels have remained relatively low within the
sampled creeks. Similarly, dissolved oxygen levels have not drastically changed from year to year.
However, three creeks (Futch Creek, Motts Creek, and Pages Creek) improve from "Fair" during the 2023-
2024 sampling period to "Good" in this 2024-2025 sampling period. The long-term data shows that the
dissolved oxygen levels at Barnards Creek, Lords Creek, and Smith Creek have generally maintained
"Good" levels of dissolved oxygen while Prince George Creek have maintained "Poor" dissolved oxygen
over time. Island Creek has only been monitored since 2021, but during that time frame, the creek has
also demonstrated "Poor" levels of dissolved oxygen. The low levels of dissolved oxygen within these two
creeks are likely due to their naturally slow water flow, which is more characteristic of swamp -like waters.
Slower moving waters typically contain lower dissolved oxygen levels. Meanwhile, Futch Creek and Motts
Creek have varied between "Good" and "Fair" since 2008.
Board of Comr>QWW9- November 3, 2025
ITEM.17 - 1 - 2
Enterococci bacteria levels during the 2024-2025 sampling period remained the same as the previous
sampling period for six of the eight creeks included within the study (Barnards Creek, Futch Creek, Lords
Creek, Pages Creek, Smith Creek, and Island Creek). Meanwhile, Motts Creek improved from "Poor" to
"Fair" while Prince George Creek improved from "Fair" to "Good" over the same time period. Since 2019,
Barnard Creek, Futch Creek, and Lords Creek have contained relatively lower bacteria levels compared to
the other creeks. Island Creek has also consistently contained low levels of bacteria, however, as
previously noted, sampling within the creek only dates back to 2021.
In addition to water quality monitoring efforts within the network of tidal creeks, New Hanover County
began monthly monitoring at the lake at Airlie Gardens in 2015 due to concerns of noticeable algal blooms
that have been observed over the years. The lake drains directly into Bradley Creek, close to the Atlantic
Intracoastal Waterway (ICWW). Three sampling sites are maintained within the lake. They are located
where contributing water enters the lake (intake), in the middle of the lake, and in proximity to the outfall
where the water leaves the lake and enters Bradley Creek.
Since 2015, water quality monitoring results from within the lake at Airlie Gardens has shown that
dissolved oxygen also demonstrates seasonal trends- increasing during the warmer summer months and
decreasing during the colder winter months. In general, dissolved oxygen levels are consistently lower at
the sampling site located in proximity to the intake of runoff entering into the lake compared to the
sampling sites located within the mid -point of the lake and in proximity to the outfall near Bradley Creek.
Overall, there are no current concerns with the dissolved oxygen levels within the lake.
With the exception of this past sampling period, over the course of the study, the levels of the nutrient
Nitrite/Nitrate have generally been higher at the intake compared to the sampling site located at the
outfall of the lake. This trend was also observed with the nutrient orthophosphate during the first three
years of monitoring, however, over the past five years this trend has reversed, where orthophosphate
was lower at the intake and higher at the outfall of the lake (Figures 50 & 51). High concentrations of
orthophosphate and Nitrite/Nitrate can cause algae growth leading to algal blooms which can cause low
dissolved oxygen and a decline in overall water quality. Since monitoring began in 2015, there had been
an incremental trend of increasing amounts of orthophosphate through 2023. After declining significantly
during the 2023-2024 sampling period, the level has increased again this past year. A more in-depth
review of water quality for Airlie can be found in the Discussion section of this report.
Over the course of the first four years of monitoring within the lake, chlorophyll -a levels generally
increased. Since that time, levels have stabilized, however, higher levels have been observed at the
sampling sites located at the midpoint of the lake and in proximity to the outfall compared to the sampling
location adjacent to the intake into the lake. High levels of Chlorophyll -a can be indictive of the presence
of algal blooms.
Key Takeaways
• With few exceptions, Futch Creek, Lords Creek, and Island Creek have generally contained low
levels of enterococci over the entire course of the program.
• Several creeks have improved water quality in terms of enterococci bacteria over the years:
Board of Commissioners - November 3, 2025
ITEM: 7 - 1 - 3
o At Barnards Creek, the percentage of samples exceeding the standard was 42% between
2008-2012. However, between 2013 to 2019, that percentage was reduced to an average
of approximately 15%. Between 2020 to present, not one sample exceeded the standard.
o At Motts Creek, 53% of samples exceeded the standard between 2008 to 2015. Since
2015, the percentage of samples exceeding the standard dropped to 19%.
o At Prince George Creek, 29% of samples collected between 2008 to 2017 exceeded the
standard. Between 2018 to Present, only 7% of samples exceeded the standard
o At Smith Creek, 31% of samples collected between 2008 to 2018 exceeded the standard.
Between 2019 to Present, only 8% of samples exceeded the standard.
• Since 2007 Pages Creek has continued to demonstrate elevated levels of enterococci bacteria
where an average of 34% of samples collected exceed the standard. Of the three sites monitored
in Pages Creek, the majority of the samples collected with elevated levels came from two sites
(PC-BDDS and PC-BDUS). It should be noted that the standards for PC-BDDS and PC-BDUS are
different. Parameter standards can be found in Appendix D.
o Since 2007 45% of the samples collected from PC-BDDS exceeded the standard for
enterococci (<500 CFU/100 ml) on an annual basis.
o Since 2007 53% of the samples collected from PC-BDUS exceeded the standard for
enterococci (<276 CFU/100 ml) on an annual basis. It should be noted that over the course
of the past three sampling periods, the annual average of exceedances dropped to 19%.
• With few exceptions Smith Creek and Lords Creek have generally contained adequate levels of
dissolved oxygen over the entire course of the program.
• Island Creek, Prince George Creek, and Pages Creek have experienced relatively low levels of
dissolved oxygen over time with 47%, 38%, and 21% of the samples below the standard,
respectively.
• Futch Creek dissolved oxygen levels have improved in recent years. Between 2008 to 2019, 20%
of samples contained dissolved oxygen levels below the standard. However, between 2020 to
2025, only 3% of samples were below that standard.
• Barnards Creek has had varying dissolved oxygen levels over time. While not one sample was
below the standard in 10 of the 18 years we've monitored, there were 4 years where at least 25%
of the samples were below the standard (2014, 2015, 2016, 2022).
• Motts Creek has demonstrated relatively stable levels of dissolved oxygen with approximately 9%
of the samples exceeding the standard over the entire course of the program.
Board of Commissioners - November 3, 2025
ITEM: 7 - 1 - 4
Water Quality Management
In New Hanover County water quality has been an important issue at both the state and local level, and
the county has a rich history of research, education and testing that continues through the work of
multiple departments currently. While the primary focus of the New Hanover County Water Quality
Monitoring Program is to observe and track the trends of water quality parameters, other departments
such as Health and Human Services, Engineering, Soil and Water Conservation District, and Sustainability
are also involved in work that effect overall water quality. Those efforts are described in more detail in
Appendix C of this report.
In recent years, New Hanover County has advanced multiple initiatives to protect and improve water
quality in the Pages Creek watershed through coordinated efforts among the Soil & Water Conservation
District, Engineering Department, and Cape Fear Public Utility Authority (CFPUA). Projects include
installation of stormwater control measures, feasibility and sediment studies, culvert and sewer
infrastructure upgrades, and expanded watershed monitoring. The County continues to enforce
stormwater and erosion control standards, maintain proactive inspection and maintenance programs, and
collaborate with university researchers to identify sources of pollution and enhance long-term watershed
resilience.
Board of Commissioners - November 3, 2025
ITEM: 7 - 1 - 5
INTRODUCTION
New Hanover County's (NHC) location is unique since with the exception of the northeastern boundary,
it is surrounded by water on three sides: on the north and south by the Northeast Cape Fear River, on the
west by the Cape Fear River, and on the east by the Atlantic Ocean. It is primarily a coastal county
containing many creeks, streams, and water bodies that provide opportunities for a wide range of
recreational activities for thousands of local citizens and visiting tourists yearly. Due to its proximity to
the Atlantic Ocean and the Intracoastal Waterway, NHC's tidal creeks are not only used for recreation but
are an important resource for the natural environment as they provide habitats for various plant and
animal species. Tidal creeks are rich areas in terms of aquatic, terrestrial, and avian wildlife and can
support complex food webs (Odum et al., 1984; Kwak and Zedle,1997). Therefore, protection of the water
quality within these creeks is a high priority for the county.
Water quality has been monitored in New Hanover County since the early 1970s by the State in efforts to
study the impacts of adjacent septic systems on water quality in tidal creeks. An increase in the closure of
tidal creeks for shellfishing became an early concern for the citizens of New Hanover County and was a
topic included in early land use plans. The ongoing water quality conversation within the community led
to several watershed plans and in 1993, New Hanover County and the City of Wilmington partnered with
the University of North Carolina Wilmington (UNCW) to conduct a long-standing water quality monitoring
program.
However, in November 2007, Coastal Protection Engineering of North Carolina, Inc. (CPE) began a
separate, monthly water quality monitoring program on behalf of New Hanover County for the tidal creeks
within the unincorporated parts of the County.
The information presented in this report focuses on the results of this monitoring from July 2023 to June
2024. The creeks included in this study are Pages and Futch, which drain into the Atlantic Intracoastal
Waterway (ICW), Island Creek, which drains into the Northeast Cape Fear River and Lords, Motts,
Barnards, Smith, and Prince George which drain into the Cape Fear River (Figure 1). In addition to the
continued sampling from the seven tidal creeks, three sampling sites from within Airlie Gardens have been
monitored since 2015.
The results described in this report represent the physical, biological, and chemical data collected monthly
from all sampling sites from July 2023 through June 2024. These results are organized by watershed
alphabetically, with the results of the eight tidal creeks presented first, followed by the results from Airlie
Gardens. Additional creek data, including parameters not summarized in this section, from the tidal creeks
sampling sites and the Airlie Garden sampling sites can be found in Appendix A.
Based on the raw data, a quantitative system assigns a rating of "Good", "Fair", or "Poor" to a sampling
station depending on the percentage of samples that went above the State standard for turbidity,
chlorophyll -a, Enterococci, or below the State standard for dissolved oxygen. If the recorded value of a
parameter went outside the acceptable range of the State standard less than 10% of the times sampled
the station will receive a "Good" rating, a "Fair" rating for 11%-25% of the times sampled, or a "Poor"
rating for greater than 25% of the sampling times. This general description is useful when looking at
trends from year to year and across the entire time frame of the program. Ratings for all parameters can
be found in the Discussion section below.
Board of Comr>QWW9- November 3, 2025
ITEM 17 - 1 - 6
Figure 1: Watersheds Monitored
Board of Commissioners - November 3, 2025
ITEM: 7 - 1 - 7
CREEK SUMMARIES
Barnards Creek
• Location: South central New Hanover County
and a portion in the City of Wilmington. (Monkey
Junction, Echo Farms, Carriage Hills).
• 1 Sampling Location: BC-CBR
• Size: 4,234 Acres
• Drains To: Cape Fear River
• Land Use: Low and medium density residential,
commercial, and retail uses along Carolina Beach
Road, S. 1 Th Street, and S. College Road
Annual Average
Exceedances
Lifetime
Past 5
Years
Dissolved oxygen (below 4)
1.0
< 1.0
Chlorophyll -a (above 40)
< 1.0
< 1.0
Turbidity (above 50)
< 1.0
0
Enterococci (above 500)
2.3
0
Overall Assessment
Parameter
Turbidity (NTU)
BC-CBR
Good (all sites)
Dissolved Oxygen
Good (a►► sites)
Chlorophyll -a
Good (all sites)
Enterococci
Good (a►► sites)
No samples exceeded state standards for any parameter
this year including Enterococci in which levels were
generally lower compared to last year.
DISSOLVED OXYGEN LEVELS AT BC-CBR
10.0
8.0
J
6.0
0
0 4.0
2.0
o.o
,tiD� ,Y9� ,tia tip` ryR ti� ,�h ,tih ,yh ,ti'� .yh ,tih
41 Fla° `§11 C -V
ENTEROCOCCI LEVELS AT BC-CBR
300
250
E 200
O
150
U 100
50
rV� ti� ti� rV� ti� ti� �� ti� ry� by ryh rVy
mQ
P � o O P 1'c
CHLOROPHYLL -A LEVELS AT BC-CBR
40
30
J
20
10
i a
,�D• ,tiA ,�v` ,yD` ,YD� ,y9• ,rh ,Yh ,Yh �h �h tih
Q � \ \ c �o i i \ �
10 �� h� C� �o O�� � 41 0 0C 4�1 �c
1
Board of Comr'Ps"iq- November 3, 2025
ITEM:37 - 1 - 8
Futch Creek
• Location: Northeast New Hanover County and
a portion of Pender County (Porters Neck,
Scotts Hill).
• 4 Sampling Locations: FC-4, FC-6, FC-13,
FC-FOY
• Size: 3,429 Acres
• Drains To: Intracoastal Waterway
• Land Use: Low density residential and some
commercial/retail uses along U.S. 17.
Annual Average
Exceedances
Lifetime
Past 5
Years
Dissolved oxygen (below 4)
7.1
2.0
Chlorophyll -a (above 40)
< 1.0
< 1.0
Turbidity (above 50)
0
0
Enterococci (above 500)
1.5
< 1.0
Overall Assessment
92M �--r-4,FC-6,FC-113,FC-P!
Turbidity (NTU) Good (all sites)
Dissolved Oxygen Good (all sites)
Chlorophyll -a Good (all sites)
Enterococci Good (all sites)
Dissolved oxygen exceedances decreased compared to
last year with only one exceedance of enterococci and
chlorophyll -a for the year.
DISSOLVED OXYGEN LEVELS AT FC-13
10.0 Surface Level
a.a
M Bottom Level
6.0
E
040
2.0
0.0 -
,A 'A Li Q 0G4 Qom` 1 �� roc PQt ���Ile
ENTEROCOCCI LEVELS AT FC-6
600
E
0 450
LL 300
U
150
0
q, Pao 41 Ovc �° Q�c �� ��t IRR
CHLOROPHYLL -A LEVELS AT FC-13
80
60
`oo
40
20 —
ry4. `,�9• `rye ry4_,yD` `,�D` `ryh �,yh �ryh `,V4, `ryh `ryh
1
Board of Comg'A(�-November 3, 2025
ITEM: 7 - 1 - 9
4
Island Creek
• Location: Northeast New Hanover County and
portions of Pender County (Sidbury Road & Holly
Shelter Road).
• 2 Sampling Locations: IC-HS, IC-SID
• Size: 12,919 Acres
• Drains To: NE Cape Fear River
• Land Use: Mostly undeveloped, low density
residential.
Annual Average
Exceedances
Lifetime
Past 5
Years
Dissolved oxygen (below 4)
9.6
9.6*
Chlorophyll -a (above 40)
< 1.0
< 1.0*
Turbidity (above 50)
0
0*
Enterococci (above 500)
< 1.0
< 1.0*
*Monitoring in Island Creek began in 2021
Overall Assessment
Turbidity (NTU)
Good (all sites)
Dissolved Oxygen
Poor (all sites)
Chlorophyll -a
Good (all sites)
Enterococci
Good (a►► sites)
Dissolved oxygen was rated poor with ten (10)
occurrences below the state standard. There no
occurrence of elevated chlorophyll -a, turbidity, or
enterococci for the year.
DISSOLVED OXYGEN LEVELS AT IC-SID
10.0 Surface Level
8.0 ■ Bottom Level
J
E 6.0
0 4.0
0.0 11111111,.--------------
Ci O�ti
1
ENTEROCOM LEVELS AT IC-SID
500
400
300
LL 200
U
4t
100
0
Ali I
_1D1 `_P _� `rye `�� `ry' `1y `, '
1
CHLOROPHYLL -A LEVELS AT IC_SID
40
30
J
Gb
20
10
o M.M1111111111, lmllllll�.a
Board of Commissioners - November 3, 2025
ITEM: 7 - 1 - 10
Lords Creelc
• Location: Southwest New Hanover County
(Veterans Park, River Road).
• 1 Sampling Location: LC -RR
• Size: 1,076 Acres
• Drains To: Cape Fear River
• Land Use: Low density residential and
commercial/retail uses along Carolina Beach
Road.
Annual Average
Exceedances
Lifetime
Past 5
Years
Dissolved oxygen (below 4)
< 1.0
< 1.0
Chlorophyll -a (above 40)
< 1.0
0
Turbidity (above 50)
< 1.0
< 1.0
Enterococci (above 500)
< 1.0
0
Overall Assessment
P ---T
arameter
Turbidity (NTU)
LC -RR
7 Good
Dissolved Oxygen
Good
Chlorophyll -a
Good
Enterococci
Good
There was only one (1) exceedance of enterococci for the
year and no exceedances for the other parameters.
DISSOLVED OXYGEN LEVELS AT LC -RR
12.0
10.0
8.0
J
E 6.0
p 4.0
2,0
An
41 Oe4
ENTEROCOCCI LEVELS AT LC -RR
750
600
E
0 450
0- 300
U
4t
150
0
41 41, 4 e 44c
1
CHLOROPHYLL -A LEVELS AT LC RR
40
30
J
20
10 . ....�.���
o
hell O`er �o Qec 1 �e �.�� PQ< �m� ,ce
1
Board of Commissioners - November 3, 2025
ITEM: 7 - 1 - 11
Motts Creek
• Location: South central New Hanover County
(Monkey Junction, Silver Lake, Piner Road).
• 2 Sampling Locations: MOT -ND, MOT-CBR
• Size: 2,906 Acres
• Drains To: Cape Fear River
• Land Use: Low to Moderate density residential
with commercial and retail along Carolina Beach
Road and S. College Road.
Annual Average
Exceedances
Lifetime
Past 5
Years
Dissolved oxygen (below 4)
2.3
2
Chlorophyll -a (above 40)
< 1.0
< 1.0
Turbidity (above 50)
< 1.0
0
Enterococci (above 500)
8.4
4.6
Overall Assessment
Parameter IF
Turbidity (NTU)
MOT-CBR, MOT -ND
Good (all sites)
Dissolved Oxygen
Good (all sites)
Chlorophyll -a
Good (all sites)
Enterococci
Good, Poor
Enterococci levels were similar to last year with six (6) total
exceedances for the year. There were no exceedances in
the other parameters for the year.
DISSOLVED OXYGEN LEVELS AT MOT-CBR
12.0
10.0
J 8.0
6.0
p 4.0
2.0
o.o
1
ENTEROCOM LEVELS AT MOT -ND
3,000
0 2,000
0
u 1,000
it
0
1
CHLOROPHYLL -A LEVELS AT MOT-CBR
40
30
J
E 20
10
Q a a
�Y� tiR ti� ry� `rye rya ti� ti� �� by _ryh ti�
c�
1
Board of Commissioners - November 3, 2025
ITEM: 7 - 1 - 12
Pages Creek
• Location: Northeastern New Hanover County.
(Middle Sound, Ogden, Porters Neck).
• 3 Sampling Locations:
PC-BDUS, PC-BDDS, PC-M
• Size: 4,124 Acres
• Drains To: Intracoastal Waterway
• Land Use: Low density residential and some
commercial/retail uses along U.S. 17.
Annual Average
Exceedances
Lifetime
Past 5
Years
Dissolved oxygen (below 4)
7.6
4.8
Chlorophyll -a (above 40)
1.0
1.0
Turbidity (above 50)
0
0
Enterococci (above 500)
12.1
9
Overall Assessment
Parameter T
Turbidity (NTU)
:.. :.
Good (all sites)
Dissolved Oxygen
Fair, Good, Good
Chlorophyll -a
Good (all sites)
Enterococci
Poor, Poor, Good
Dissolved Oxygen levels were below state standards
three (3) times (PC-BDDS). Enterococci exceeded the
standard nine (9) times across both the PC-BDDS and PC-
BDUS sites. One (1) observation each of elevated
turbidity and chlorophyll -a was noted for the year.
DISSOLVED OXYGEN LEVELS AT PC-BDDS
10.0
8.0
J 6.0
04.0
0
2.0
0.0 -
41 Quo 41 C� =o 111 4 k� 4�t 0" 4�1 e
4,000
3,000
2,000
U
:11 1,000
0
60
ENTEROCOCCI LEVELS AT PC-BDDS
CHLOROPHYLL -A LEVELS AT PC-BDDS
40
J
'h0
7
20
41 1a6
'� C� Z� O�c 41, 41�"'
1
Board of Commissioners - November 3, 2025
ITEM: 7 - 1 - 13
Prince George Creek
• Location: North New Hanover County (Castle
Hayne).
• 4 Sampling Locations: PG -CH, PG-ML, PG -NC
• Size: 10,875 Acres
• Drains To: Northeast Cape Fear River
• Land Use: Low density residential, agricultural,
and some commercial/retail uses along Castle
Hayne Road and N. College Road.
Annual Average
Exceedances
Lifetime
Past 5
Years
Dissolved oxygen (below 4)
14
16.6
Chlorophyll -a (above 40)
< 1.0
< 1.0
Turbidity (above 50)
< 1.0
0
Enterococci (above 500)
7
2.4
Overall Assessment
Dissolved Oxygen was below state standards eighteen (18)
times this year. There were three (3) exceedances for
Enterococci. Only one (1) exceedance for chlorophyll -a and
no exceedances of turbidity for the year.
DISSOLVED OXYGEN LEVELS AT PG -NC
6.0
Surface Level
4.0 ■ Bottom Level
J
0 2.0
0.0
41
ti� ti� tia ti� tip` N� tih by �h Ny tih by
1
ENTEROCOCCI LEVELS AT PG -CH
4,000
3,000
0
_o
2,000
LL
U
1,000
0
Cc~ �o Qti lac Q� roc PQ �ro� Jcm
CHLOROPHYLL -A LEVELS AT PG -NC
50
40
� 30
E
20
10
o
1
Board of Commissioners - November 3, 2025
ITEM: 7 - 1 - 14
Smith Creek
• Location: Central New Hanover County including
portions of City of Wilmington (Wrightsboro, ILM,
Kings Grant, Coastal Carolina).
• 4 Sampling Locations: SC-NK, SC-GR, SC -CD,
SC-23
• Size: 17,535 Acres
• Drains To: Cape Fear River
• Land Use: Moderate density residential within the
city, light industrial around the airport, some
agricultural along Kerr Avenue, and some
commercial/retail uses along U.S. 17.
Annual Average
Exceedances
Lifetime
Past 5
Years
Dissolved oxygen (below 4)
3.6
3
Chlorophyll -a (above 40)
< 1.0
< 1.0
Turbidity (above 50)
< 1.0
< 1.0
Enterococci (above 500)
12.7
3.4
Overall Assessment
Good (all sites)
Turbidity (NTU)
Dissolved
Oxygen
Fair, Good, Good, Good
Chlorophyll -a
Good (all sites)
Enterococci
Good, Fair, Good, Good
Enterococci bacteria exceeded state standards six (6) times
for the year. Dissolved oxygen was below the state
standard three (3) times and one (1) exceedance of
chlorophyll -a.
E
0
0
u
a�
DISSOLVED OXYGEN LEVELS AT SC -CH
12
Surface Level
a
■ Bottom Level
l,l i I
4
Io-
��
O�
2500
2000
E
0 1500
LL 1000
V
4t
500
0
ENTEROCOCCI LEVELS AT SC -CD
41 leoo I:p O�
1
CHLOROPHYLL -A LEVELS AT SC -CD
60
50
40
J
E 30
20
10
o Mr♦ M mm"Mm
Board of Commissioners - November 3, 2025
ITEM: 7 - 1 - 15
Airlie Gardens
• Location: City of Wilmington.
• 3 Sampling Locations: AG -IN, AG-FD, AG -
OUT
• Size: 10 Acre Freshwater Lake
• Drains To: Bradley Creek
• Land Use: On a conservation site surrounded
by low density residential.
Year at a Glance
• 9 (nice) occurrences of dissolved oxygen below
State standard
• 12 (twelve) occurrences above State standard
for chlorophyll -a
• 0 (zero) occurrences above State standard for
turbidity
*Enterococci is not measured at Airlie Gardens
Overall Assessment
Exceedances for both dissolved oxygen and chlorophyll -a
decreased this year compared to last year.
Orthophosphate and Nitrate levels were moderate again
this year. Despite lower chlorophyll -a levels there were
confirmed algal blooms in the lake.
Chlorophyll -a Levels Over Time
90 2016 2025
80 2016 2025
70
60 2016 No 2025
50
40
30
20
10
r—- — — --
AG-IN AG-FD AG -OUT
Nitrate/Nitrite Levels Over Time
025
2016 --* 2025
0.20
0.15 2016 —► 2025
2016 PP 2025
0.10
0.05
0.00 MAI
AG -IN AG-FD AG -OUT
Orthophosphate Levels Over Time
0.25
2016—lo, 2025
ea 0.20
E 2016 2025
v 2016 PP 2025
0.15
s
Q
0 0.10
Q
0
i
0.05
Q
0.00
AG -IN AG-FD AG -OUT
Board of Coma# s - November 3, 2025
ITEK/1.17 - 1 - 16
New Hanover County
Water Quality Monitoring Program
New Hanover County Board of County
Commissioners Meeting Brad Rosov
]mot___ November 312025 Senior Marine Biologist
�7yyry�r
Board
„ C EIASTAI r I
PR0TECi1NN
ENGINEERING
r;
Island Creek
� Prince,,,—,
George t
Creek
Futch
Cr'��
1
oa
Smith Creek
ag
Greek
' v
Airlie Gardens
�
tt
Barnards
Creek
! Mott
.Creek t
- November 3, 2025
-2
Methods
Monthly Sampling
July 2024 —June 2025
• Physical Parameters
• Biological Parameters
• C.h4micai Parameters (Airlie Gardens only)
Summary Results
2024-2025
w
Board of Commissioners - f
ITEM: 7 - 2 -
Ad
„ C EIASTAI r I
PR0TECi1NN
ENGINEERING
Study
Period
2008-2009
2009-2010
2010-2 011
2011-2012
2012-2013
2013-2014
2014-2015
2015-2016
2016-2017
2017-2018
2018-2019
2019-2020
2020-2021
2021-2022
2022-2023
2023-2024
III1:041
Barnards
Creek
Fntch
Creek
Lords
Creek
Motts
Creek
OR
GOOD
FAIlR
OR
POOR
GOOD
OOR
POOR
POOR
GOOD
GOOD
POOR
POOR
GOOD
GOOD
POOR
PcI(_)R
GOOD
FAIR
POOR
GOOD
GOOD
GOOD
POOR
GOOD
GOOD
GOOD
POOR
POOR
FAIR
FAER
POOR
GOOD
GOOD
GOOD
FAIR
FAIR
FAIR
nLPOOR
FAIR
FAIR
GOOD
FAIR
FAIR
GOOD
GOOD
GOOD
FAIR
GOOD
GOOD
GOOD
FAIR
GOOD
GOOD
GOOD
GOOD
GOOD
GOOD
GOOD
FAIR
GOOD
GOOD
GOOD
Pages
Creek
Prince
George
Creels
Smith
Creek
Island
Creek*
FAIR
POOR
POOR
POOR
POOR
FAIR
POOR
POOR
POOR
POOR
POOR
POOR
POOR
POOR
POOR
POOR
FAIR
POOR
POOR
FAIR
POOR
POOR
FAIR
POOR
c -�,QQD
FAIR
POOR
GOOD }D
PCWX
GOOD
FAIR
FAIR
GOOD
GOOD
FAIR
GOOD
POOR
FAIR
GOOD
GOOD
FAIR
GOOD
GOOD
GOOD
FAIR
FAIR
FAIR
GOOD
FAIR
GOOD
FAIR
GOOD
at ishand Creek Se Qi: in program year 2021-2022
Airlie Gardens
Monthly Monitoring
• AG -IN
• AG-FD
• AG -OUT
• Physical Parameters
• Chlorophyll -a
• Orthophosphate
• Nitrate/Nitrite
WW
„ C EIAsiAI r I
PRNiECi1NN
ENGINEERING
Average N!trite/Nitrate and Orthophosphate Levels
in Airlie Gardens
0.18
0.16
0-14
0.12
0.10
0.08
0.06
0.04
0.02 1,
0.00 — -- — —
�,Nfa �pNq �4N% N6 ti4 L1-1> �41y'b Itk L�y�
�i L 046 y1 10 p1£S 70 IQ, ,o" u�Lsy ��tt
Board of dommisioners - N0 eer 3,025
ITEM: 7 ■I &Te/Nitrate ■Orthophosphate
Airlie Gardens
Water Quality Results
• There has been a long-term trend of increasing levels of
both nutrients within the lake over time.
• Chlorophyll -a levels at AG-FD and AG -OUT have been
considerably higher than the levels observed at AG -IN
• Constructed wetlands and dredging events designed to
improve water quality have yet to demonstrate success
17F Board of Commissioners -
ITEM: 7 - 2 -
Overall Conclusions
• Turbidity and Chlorophyll -a levels continue to be deemed to be "good" in all
creeks.
• Dissolved Oxygen levels fluctuate with water temperature
• Overall, Enterococci bacteria within a number of tidal creeks have improved
over the long-term study period
• Enterococci bacteria remain elevated at Pages Creek, particularly within the
Bayshore community
• Water quality within Airlie Gardens appears to be driven in part by nutrient -
laden stormwater runoff which may spur algal blooms and reduced dissolved
oxygen 5oara OT Lommissioners
Questions?
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: 11/3/2025
Regular
DEPARTMENT: Planning PRESENTER(S): Robert Farrell, NHC Development Review Supervisor
CONTACT(S): Robert Farrell; Rebekah Roth, NHC Planning and Land Use Director
SU BJ ECT:
Public Hearing
Rezoning Request (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
BRIEF SUMMARY:
The applicant is proposing to construct one building consisting 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 operations to this property and expand the
business to include a restaurant.
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 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.
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 of 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 anticipated to have a small impact on traffic.
The 2016 Comprehensive Land Use Plan (Comprehensive Plan) designates this property as Community Mixed Use,
which 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.
The proposed (CZD) B-1 rezoning is generally CONSISTENT with the 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.
After a continuance at the September meeting to allow the applicant time to address staff comments, the Planning
Board considered this item at the October 2, 2025, meeting. Other than the applicant, no one spoke in support or
opposition of the project. Discussion focused on site design, specifically parking lot design, given the size of the parcel
and the potential need for minor deviations during the technical review process.
The Planning Board voted (5-0) to recommend approval of the rezoning request with six conditions, finding it
Board of Commissioners - November 3, 2025
ITEM: 8
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. The Planning Board also found the request was reasonable
and in the public interest because it allows for an additional grocery option for the community and will support a local
business.
STRATEGIC PLAN ALIGNMENT:
Community Safety & Well-being
o Residents feel supported and connected to their community
■ Build relationships and create opportunities that enhance engagement for a diverse
community.
Workforce & Economic Development
o A business -friendly environment that promotes growth, agility, and collaboration.
■ Plan for the long-term needs of businesses through timely, innovative programs and
community partnerships.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
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. I n 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 concurs with the Planning Board's recommendation of approval of the proposal.
Please refer to the script for suggested and alternative motion language.
ATTACHMENTS:
Z25-16 - Script
Z25-16 - Staff Report
Z25-16 - Zoning Map
Z25-16 - FLUM Map
Z25-16 - Mailout Map
Z25-16 -Application Co%er Sheet
Z25-16 - Application
Z25-16 - Concept Plan Co\ersheet
Z25-16 - Concept Plan
Z25-16 - Public Comments Co\,ersheet
Staff Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval with staff conditions.
COMMISSIONERS' ACTIONS:
Approved with staff conditions 5-0. Board of Commissioners - November 3, 2025
ITEM: 8
BOARD OF COMMISSIONERS 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 presentation and supporter comments (up to 15 minutes)
c. Opponent's presentation (up to 15 minutes)
d. Applicant's rebuttal (up to 5 minutes)
e. Opponent's rebuttal (up to 5 minutes)
3. Board discussion (including discussion with legal and staff on any additional
conditions)
4. Close the public hearing
S. Before we proceed with the vote, I would like to invite the applicant to the podium.
Based on the Board discussion and items presented during the public hearing,
would you like withdraw your petition 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 APPROVE the proposed rezoning to a new CZD B-1 district. 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 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.
Board of Commissioners - November 3, 2025
ITEM: 8 - 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.
6. The driveway location will be amended based on the feedback from NCDOT during
the TRC review process.
7. Parking space sizes shall be amended to comply with parking requirements of the
Unified Development Ordinance.
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 DENY the proposed rezoning to a new (CZD) B-1 district. 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 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.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] of the proposed rezoning to a conditional B-2 district. I find it
to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan
because [insert reasons]
I also find [Approval/Denial] of the rezoning request is reasonable and in the public
interest because [insert reasons]
Board of Commissioners - November 3, 2025
ITEM: 8 - 1 - 2
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
ZONING Home Place OrAc
r
54 North
F
ZONING
Site B-1 y
r F, SC
0&1
AR
� m
a
0 R-zo
Czo
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
Z25-16 Staff Report PB 10.2.2025 Page 1 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 1
AERIAL a
µorne'.Place'.Or
;;',�, ! .�. r �� *' Y , _t �Gt. �•i � North
3. ,nr_ �I} Site
S �
4 r.
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.
New Hanover County Fire Services, New Hanover County Northern Fire
Fire Protection
District, New Hanover County Wrightsboro Station
Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High
Schools
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
Z25-16 Staff Report PB 10.2.2025 Page 2 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 2
APPLICANT'S PROPOSED CONCEPTUAL PLAN
r
Z 106' 4 ft
Dumpster
Specimen Tree
m
d
�
N
�
H
41',4W'
Loading Area
loading area for truck delivery
25'.10"
li?
�
C:)
CO
5,264 Scl Ft Building
,CD
for Grocery and
Parking
Restaurant Uses
ss'.s3"
Parking
- Sign
In Pedestrian access
Pedestrian Easement 120' fk
Access
Castle Hayne Road
Applicants Concept Plan - Includes Staff Markups
Z25-16 Staff Report PB 10.2.2025 Page 3 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 3
• 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.
Z25-16 Staff Report PB 10.2.2025 Page 4 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 4
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.
• The concept plan shows 21 parking spaces, but final parking requirements would be
determined during the technical review process.
• 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.
Z25-16 Staff Report PB 10.2.2025 Page 5 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 5
AREA DEVELOPMENTS
Z25-16 Staff Report PB 10.2.2025 Page 6 of 14
Board of Commissioners - November 3, 2025
ITEM: 8 - 2 - 6
TRANSPORTATION
Site Access N
CE DR
HORSE PLA
�UREL
DR
Primary Access:EE:: 11
Castle Hayne Rd
d
New Hanover ounty NC
CURRENT CONDITIONS
Intensity of Current Zoning
Vacant commercially zoned land.
PROPOSED ACCESS
Primary Access
Castle Hayne Road
Secondary Access
N/A
EXISTING ROADWAY CHARACTERISTICS
Z25-16 Staff Report PB 10.2.2025 Page 7 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 7
Affected Roadway
Castle Hayne Road
Type of Roadway
NCDOT minor arterial
Roadway Planning Capacity
16,803
(AADT)
Latest Traffic Volume (AADT)
19,000
Latest WMPO Point -in -Time
17,234 - Castle Hayne Rd between Swartville Rd and Old Mill Rd
Count (DT)
Current Level of Congestion
Over Capacity
NEARBY NCDOT STIP ROADAWAY PROJECTS
U-5863 - Castle Hayne Road
Widen Castle Hayne Road into multi -lanes from 1-140
Widening
to Division Drive.
Project is currently unfunded.
TRAFFIC GENERATION
Traffic Generated
Potential
Traffic Generated by
by Proposed
Impact of
Present Designation
Designation
D
Proposed
Designation
AM Peak Hour Trips
0
28
+28
PM Peak Hour Trips
0
38
+38
Proposed Development - 3,264 sq ft grocery store, 2,000 sq ft
Assumptions
restaurant
Sources
Source of Trip Generation: ITE Trip Generation Manual, 11 t" 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.
Z25-16 Staff Report PB 10.2.2025 Page 8 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 8
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
The proposed (CZD) B-1 rezoning will provide
the surrounding community with a locally
owned and operated grocery store and
Residents feel supported and connected to
restaurant. This meets this strategic goal by
their community.
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.
The applicant currently runs a similar business
nearby in a rented space. Their goal is to expand
A business -friendly environment that promotes
operations by moving to a permanent location
growth, agility, and collaboration.
in the same community. This meets this strategic
goal by promoting the establishment of a local
business.
Z25-16 Staff Report PB 10.2.2025 Page 9 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 9
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
Z25-16 Staff Report PB 10.2.2025 Page 10 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 10
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.
LAND USE PIa�eI
Horne
North
Site
r Future Land Use
x
GENERAL RESIDENTIAL
K COMMUNITY MIXED USE
A [EED Z25-16
Z25-16 Staff Report PB 10.2.2025 Page 11 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 11
Future Land Use
Community Mixed Use
Map Place Type
Focuses on small-scale, compact, mixed use development patterns that serve
Place Type
all modes of travel and act as an attractor for county residents and
Description
visitors. Types of appropriate uses include office, retail, mixed use,
recreational, commercial, institutional, and multi -family and single-family
residential.
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
Analysis
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.
The proposed (CZD) B-1 rezoning is generally CONSISTENT with the 2016
Consistency
Comprehensive Plan because the proposed use is recommended for the
Recommendation
Community Mixed Use place type, and the site is located near supportive land
uses in an increasingly commercial corridor.
Z25-16 Staff Report PB 10.2.2025 Page 12 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 12
PLANNING BOARD ACTION
After a continuance at their September meeting to allow the applicant time to address staff
comments, the Planning Board considered this item at their October 2, 2025 meeting. Other than the
applicant, no one spoke in support or opposition of the project. Board discussion focused on site
design, specifically parking lot design, given the size of the parcel and the potential need for minor
deviations during the technical review process
The Planning Board voted (5-0) to recommend approval of the conditional B-1 rezoning with the
following 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. A drive-thru is not allowed.
6. The driveway location will be amended based on the feedback from NCDOT during the TRC
review process.
The Board found the application to be CONSISTENT with the purpose and intent of the
Comprehensive Plan because the rezoning provides for the types of uses recommended in the
Community Mixed use place type.
The Board also found recommending APPROVAL of the rezoning request was reasonable and in
the public interest because it allows for an additional grocery option for the community and will
support a local business.
STAFF RECOMMENDATION
Staffs 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. Staff has proposed an additional condition to address the Planning Board's
discussion regarding the parking spaces.
As a result, Staff concurs with the Planning Board's recommendation and suggests the following
motion with the proposed conditions:
I move to APPROVE 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
Z25-16 Staff Report PB 10.2.2025 Page 13 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 13
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 Unified Development Ordinance.
5. A drive-thru is not allowed.
6. The driveway location will be amended based on the feedback from NCDOT during
the TRC review process.
7. Parking space sizes shall be amended to comply with parking requirements of the
Unified Development Ordinance.
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 DENY 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 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.
Z25-16 Staff Report PB 10.2.2025 Page 14 of 14
Board of Commissioners -November 3, 2025
ITEM: 8 - 2 - 14
Case:
Z25-16
Site Address:
2624 Castle Hayne Rd
}borne place Dr.�
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Board of CYmmissioners - Noti,
mber 3, 2025
ITEM: 8 - 3 - 1
Existing Zoning/Use:
(CZD) B-1
Proposed Zoning/Use: N
(CZD) B-1 'A
Zoning
❑
B-1
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❑
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Case:
Site Address:
Z25-16 2624 Castle Hayne Rd
Viorne place Dr
Board of
Existing Zoning/Use:
(CZ D) B-1
missioners - Noember 3, 2025
ITEM: 8
Proposed Zoning/Use:
(CZD) B-1
N
.A
Future Land Use
GENERAL RESIDENTIAL
COMMUNITY MIXED USE
Q Z25-15
Case:
Z25-16
Site Address:
2624 Castle Hayne Rd
Wind Sail Dr
µorne=Place Dr--- _
Nearby Properties
Z25-16
Parcels selection
_---- _—------- oard
-- Riversid r r
Existing Zoning/Use: Proposed Zoning/Use: N
(CZD) B-1 (CZD) B-1 jk
missioners - November 3 20?�— —
ITEM: 8 - 5 - 1
Site
Initial Application
Documents & Materials
Board of Commissioners - November 3, 2025
ITEM: 8 - 6 - 1
NEW HANOVER COUNTY
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 1 10
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) 1 2 3 4 5 6 7
Pre -Application Community Application Planning Public Hearing Planning Board Board of Post -Decision
Conference Information Submittal & Director Review Scheduling & Hearing & Commissioners Limitations and
Meeting Acceptance & Staff Report Notification Recom- Hearing & Actions
JRC Optional) mendation Decision
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
Board of Commissioners - November 3, 2025 Page 1 of 7
ITEM: 8 - 7-Clonditional 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: I 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.
Board of Commissioners - November 3, 2025 Page 2 of 7
ITEM: 8 - 7-8onditional 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: I PM Peak Hour Trips:
Board of Commissioners - November 3, 2025 Page 3 of 7
ITEM: 8 - 7-&nditional 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.
Board of Commissioners - November 3, 2025 Page 4 of 7
ITEM: 8 - 7-6onditional 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?
Board of Commissioners - November 3, 2025 Page 5 of 7
ITEM: 8 - 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
Board of Commissioners - November 3, 2025 Page 6 of 7
ITEM: 8 - 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)
Signatur of A plica /Agent
Print Name(s)
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.
Board of Commissioners - November 3, 2025 Page 7 of 7
ITEM: 8 - 7-donditional Zoning District Application — Updated 06-2023
NEW HANOVER COUNTY
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 1 10
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
Board of Commissioners - November 3, 2025 Page 1 of 2
ITEM: 8 - yCo�munity 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.
Signa ure of Applic nt or Applicant's Agent Print Name
Date
Board of Commissioners - November 3, 2025 Page 2 of 2
ITEM: 8 - 7C-O�munity Information Meeting Report — Approved 06-2022
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2624 CASTLE H AYNE RD
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STORE &
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EL PASO
Board of Commissioners - November 3, 2025
ITEM: 8 - 7 - 10
OWN1
SOLANA ALAN TRUSTEE
MORTON STEVEN C PATRICIA J
JEWELL JOSEPH A DEBORAH A
JOHNSON RANSOM C JR
HAGER JOHN A ETAL
SHORT ANDREW D
HUGHES JOYCE S
Owner -Address
1650 MILITARY CUTOFF RD SUITE 200
111 HORNE PLACE DR
116 HORNE PLACE DR
115 HORNE PLACE DR
112 HORNE PLACE DR
3321 AMMONS DR
5917 MYRTLE GROVE RD
Owner -City
WILMINGTON, NC 28403
WILMINGTON, NC 28401
WILMINGTON, NC 28401
WILMINGTON, INC 28401
WILMINGTON, NC 28401
WILMINGTON, INC 28405
WILMINGTON. INC 28409
INMAN DAN E MARIE P
130 CARL SEITTER DR
WILMINGTON, NC 28401
WILMINGTON, NC 28401
WILLIAMS SAMANTHA 2701 CASTLE HAYNE RD
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, INC 28403
INMAN DAN E MARIE P
130 CARL SEITTER DR
WILMINGTON, NC 28401
5916 SALTEE WAY
GARCIA GOMEZ RAMON ET UX
WILMINGTON, INC 28409
JP PORTER LLC
163 VOYAGER WAY
HAMPSTEAD, NC 28443
PRIDGEN MANLEY M II
114 SHERIDAN DR
WILMINGTON, NC 28401
ALHOBISHI CONVENIENCE STORES &
PO BOX 807
SAINT PAULS, NC 28384
RENTALS I
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
WILMINGTON, NC 28409
HUGHES JOYCE S 5917 MYRTLE GROVE RD
SPRINGFIELD, MO 65802
OREILLY AUTOMOTIVE STORES INC 233 PATTERSON AVE S
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, INC 28401
MCCANDLESS ELEANOR N
1911 KNOLLWOOD DR
WILMINGTON, NC 28403
WILMINGTON, INC 28409
EIR ASSOCIATES PLLC
4424 MOCKINGBIRD LN
583 PERU RD
PIERCE PRINCETTA MALAVE PHILLIP M
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
1
Board of Commissioners - November 3, 2025
ITEM: 8 - 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) 13-1 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
loam 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
missio November 3 2025
ITEM: 8 - 7 - 12
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Board of Commissioners - November 3, 2025
ITEM: 8 - 7 - 13
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Board of Commissioners - November 3, 2025
ITEM: 8 - 7 - 14
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Board of Commissioners - November 3, 2025
ITEM: 8 - 8 - 1
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Board of Commissioners - November 3, 2025
ITEM: 8 - 10 - 1
New Hanover County I the model of good governance
N H Cgov.com
Case # Z25=1 6
Rezoning Request:
(CZD) B-1 to (CZD) B-1
Applicant: Atilano Cardenas & Sebastian
Cardenas
Property Owners: G. Hufharn & C. Hufharn
Robert Farrell
Development Review Supervisor
Board of Commissioners - November 3, 2025
ITEM: 8 - 11 - 1
New Hanover County I the model of good governance
NHCgov.com
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Board of Com issioners - November 3,
New Hanover County I the model of good governance
N H Cgov.com
Z=923 Approved
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Board of Commissioners -November 3, 2025
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ITEM: 8 - 11 - 3 T R - CASTLE RAYNEP
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Board of Commissioners - November 3, 2025
ITEM: 8 - 11 - 4
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Board of Commissioners - November 3, 2025
ITEM: 8 - 11 - 6
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Board of Commissioners - November 3, 2025
ITEM: 8 - 11 - 8 CASTLE HAYNE ROAD M.C. HWY 117
New Hanover County I the model of good governance
N HCgov.com
Site Access
Primary Access:
Castle Hayne Road
Board of Commissioners - November
ITEM: 8 - 11 - 9
Site Access N
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Trip Generation
Typical
Development Under Existing (CZD)
6-1 Zoning:
Development
Under Proposed (CZD) 6-1 Zoning:
Potential Impact
of Proposed Designation
N/A
• Grocery Store - 3,413 Sq Ft
• Restaurant - 2,085 Sq Ft
AAWWO i]
+28 AM / +38 PM
Board of Commissioners - November 3, 2025
ITEM: 8 - 11 - 11
New Hanover County I the model of good governance
N H Cgov.com
Compatibility
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.
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.
Board of Commissioners - November 3, 2025
ITEM: 8 - 11 - 12
New Hanover County I the model of good governance
N H Cgov.com
Strategic Plan
lesilred
Workforce &Economic Development
Outcomes Strateellc • .
A business -friendly
environment that promotes
growth, agility, and
collaboration.
Outcomes
Plan for the long-term needs
of businesses through bmelyr
innovative programs and
community partnerships.
larntain new business growth within 2.5% of the state
County sales tax year over year growth I% higher than the state
Community Safety & Well-being
Build relationships and
Residents feel sup ported and create opportunities that
ce nnected to the i r cornm unity. en he rice engage m ent for
a diverse cormunity.
Residents report there are opportunities available to build
mee n i ngful connecti ons and encourage co m m u n ity Corti nectio n s
Board of Commissioners - November 3, 2025
ITEM: 8 - 11 - 13
New Hanover County I the model of good governance
NHCgov.com
2016 Comprehensive Plan Place Type:
Community Mixed Use
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ITEM: 8 - 11 - 14
14
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N H Cgov.com
Planning Board Action
The Planning Board considered this item at their October 2nd meeting and
voted (5-0) to recommend APPROVAL of the proposed rezoning.
The Planning Board found the application to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the proposed mix
of uses is in line with the recommendations of the Community Mixed Use
place types.
The Planning Board also found recommending APPROVAL of the rezoning
request was reasonable and in the public interest because it allows for an
additional grocery option for the community and will support a local
business.
Board of Commissioners - November 3, 2025
ITEM: 8 - 11 - 15
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Proposed Conditions
The list of approved uses shall be limited to Grocery, Restaurant, and General Retail.
The specimen live oak tree at the northeast corner of the property must be retained
and protected during construction in accordance with UDO standards.
The location of the dumpster will be located and screened in accordance with the
standards of the UDO.
The driveway location will be amended based on the feedback from NCDOT during
the TRC review process.
5. A drive-thru is not allowed.
6. Parking space sizes shall be amended to comply with parking requirements of the
Unified Development Ordinance.
7. A minimum 5-foot-wide public access easement shall be provided along the frontage
Board of Commissioners - November 3, 2025
ITEM: 8 - 11 - 16
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: 11/3/2025
Regular
DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, NHC Senior Planner
CONTACT(S): Zach Dickerson; Robert Farrell, NHC Development Review Supervisor; Rebekah Roth, NHC
Planning & Land Use Director
SU BJ ECT:
Public Hearing
Rezoning Request (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 1-2, Heavy Industrial and approximately 13 acres zoned 1-1, 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)
BRIEF SUMMARY:
The applicant is requesting to rezone an approximately 108-acre portion of a larger 814-acre parcel from 1-1, Light
Industrial, and 1-2, Heavy Industrial, to the RMF-L, Residential Multi -Family Low -Density District. The intent of the 1-1
and 1-2 districts is to accommodate light and heavy industrial uses, respectively, while the RMF-L district is intended to
provide moderate -density housing of varying types and designs. The request also includes removal of the Special
Highway Overlay District (SHOD), which is applied along specifically designated highway corridors, such as 1-140, to
protect natural views. This district places limits on setbacks and impervious coverage for non-residential
developments.
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 (U DO), including lighting and vegetative buffers.
Under the existing zoning, the site would generate an estimated 627 AM and 551 PM peak -hour trips. 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 residential use types. Because of the variety of types of residential uses allowed in the RMF-L district, eventual trips
are difficult to estimate, as there would likely be a mix of single-family and multi -family uses. Larger developments will
likely require a Traffic Impact Analysis. The site is located on a minor arterial road, which currently has available
capacity to serve additional traffic. The New Hanover County Blue Clay Industrial Park's TIA requires a number of
improvements to this area, including a traffic light at the intersection of Blue Clay Road and Juvenile Center Drive.
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.
Conservation resources may be present on the site, and the 2025 NE New Hanover County Flood Study identified
flood risks not included on FEMA flood insurance rate maps. Because this is a straight rezoning with no conceptual
plan, the staff report includes a description of the potential location of these features and how current ordinance
provisions will apply to any future development.
The 2016 Comprehensive Land Use Plan (Comprehensive Plan) classifies this property as Community Mixed Use. This
Board of Commissioners - November 3, 2025
ITEM: 9
place type focuses on small-scale, 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. The proposed RMF-L rezoning is generally
CONSISTENT with the 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.
The Planning Board considered this item at its October 2, 2025, regular meeting. Three members of the public spoke in
opposition, some stating that the density is too high for this area, while others said that they were not opposed to the
density but would have preferred to see a mixed -use project with some commercial uses in addition to the residential
development. The Planning Board discussed the current zoning of the property and the uses the 1-1 and 1-2 districts
would allow by right. Some members of the Board expressed concerns about industrial development on this parcel and
stated that residential zoning would be a better fit in this area. There were some concerns about the straight rezoning
versus conditions, but the majority of the Board ultimately found that a straight rezoning was appropriate in this case.
The Planning Board voted (3-1) to recommend approval of the rezoning, finding 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 and could serve existing and future businesses and residents. The Planning Board
also found recommending approval of the rezoning request was reasonable and in the public interest because the
district would act as a new area for a mix of housing types in this area.
STRATEGIC PLAN ALIGNMENT:
• Sustainable Land Use & Environmental Stewardship
o Through planned growth and development, residents have access to their basic need
■ Connect residents to basic needs through a variety of housing and transportation options.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
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 1-140, 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 concurs with the Planning Board's recommendation.
Please refer to the script for suggested and alternative motion language.
ATTACHMENTS:
Z25-17 BOC Script
Board of Commissioners - November 3, 2025
ITEM: 9
Z25-17 BOC Staff Report
Z25-17 Zoning Map
Z25-17 Future Land Use Map
Z25-17 Mailout Map
Z25-17 Initial Application Corer Sheet
Z25-17 Application
Z25-17 Public Comments Coker Sheet - BOC
Z25-17 BOC Public Comments
Z25-17 Supplemental Attachment - RMF-L Distdct Cut Sheet
Staff Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
4-1, with Commissioner Walker dissenting.
Board of Commissioners - November 3, 2025
ITEM: 9
BOARD OF COMMISSIONERS 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 1-2, Heavy Industrial and
approximately 13 acres zoned 1-1, 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 presentation and supporter comments (up to 15 minutes)
c. Opponent's presentation (up to 15 minutes)
d. Applicant's rebuttal (up to 5 minutes)
e. Opponent's rebuttal (up to 5 minutes)
3. Board discussion
4. Close the public hearing
5. Before we proceed with the vote, I would like to invite the applicant to the podium.
Based on the Board discussion and items presented during the public hearing,
would you like withdraw your petition 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 APPROVE the proposed rezoning. I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the RMF-L zoning I
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
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 I
area.
Board of Commissioners - November 3, 2025
ITEM: 9 - 1 - 1
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 DENY 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 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 [Approve/Deny] 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 [Approval/Denial] of the rezoning request is reasonable and in the public
interest because [insert reasons]
Board of Commissioners - November 3, 2025
ITEM: 9 - 1 - 2
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:
The property would be allowed to be
Undeveloped
developed in accordance with the RMF-L
district.
Current Zoning:
Proposed Zoning:
1-1, Light Industrial & 1-2, Heavy Industrial
RMF-L, Residential Multi -Family, Low Density
SURROUNDING AREA
LAND USE
ZONING
North
Blue Clay Business Park
1-2
East
Steele Electrical Contractors
1-1
South
Across 1-140, undeveloped Blue Clay Farms Residential
Planned Development, currently used for agriculture
PD
West
Single Family Residential
R-15
Z25-17 Staff Report BOC 1 1.3.2025
Page 1 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 1
ZONING HISTORY
July 7, 1972 Initially zoned 1-2 (Area 8B)
June 6, 2005 Eastern portion of the site rezoned to 1-1 for compatibility with nearby
residential zoning (Z-776)
COMMUNITY SERVICES
CFPUA water is adjacent to this parcel and may serve the site if extended
Water/Sewer
within the parcel. CFPUA sewer is available via a mainline extension with a
regional pump station required.
New Hanover County Fire Services, New Hanover County Northern Fire
Fire Protection
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 resource maps indicate pocosin wetlands and swamp forest
Conservation
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
Z25-17 Staff Report BOC 1 1.3.2025
Page 2 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 2
APPLICANT'S PROPOSAL
• The applicant is proposing to rezone approximately 12 acres of 1-1, Light Industrial and 96
acres of 1-2, 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 1-1 and 1-2 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 1-140 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 1-2 district in this area was established in 1972. At the time, the purpose of the 1-2 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 1-1 in 2005 for compatibility with nearby residential and
commercial development along Blue Clay Road at the time.
• The purpose of the 1-1, 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 1-1 and 1-2 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 1-140 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.
Z25-17 Staff Report BOC 1 1.3.2025 Page 3 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 3
• 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 3.1.3.0
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.
Z25-17 Staff Report BOC 1 1.3.2025
Page 4 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 4
AREA DEVELOPMENTS
INCase Site
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Nearby Approved
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Z25-17 Staff Report BOC 1 1.3.2025
Page 5 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 5
TRANSPORTATION
Site Access
Access along Blue
Clay Road*
HEMLOCK
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3,
i:' 1440 E
*Future access along Blue Clay Road to be determined during TRC and NCDOT review
\t t
CURRENT CONDITIONS
Intensity of Current
Typical development of this site would allow uses permitted in the 1-1 and
Zoning
1-2 districts.
PROPOSED ACCESS
This site has direct full access on Blue Clay Road. Because this is a straight
Primary Access
rezoning future site access would be reviewed by the County's TRC and
NCDOT. NCDOT will not allow direct access onto 1-140 from this site.
Z25-17 Staff Report BOC 1 1.3.2025
Page 6 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 6
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway
Blue Clay Road
Type of Roadway
NCDOT minor arterial
Roadway Planning
10,978.25
Capacity (AADT)
Latest Traffic Volume
7,000 (Year 2023)
(AADT)
Latest WMPO Point -in-
7032 (8/1/2024)
Time Count (DT)
Current Level of
Available Capacity
Congestion
NEARBY NCDOT STIP ROADWAY PROJECTS
- While not yet funded by NCDOT, an interchange at 1-140 and Blue
U-4436
Clay Road is still included in the WMPO's Metropolitan
Transportation Plan, making it eligible for future federal funding.
TRAFFIC GENERATION
Potential
Traffic
Potential By -Right
Potential By -Right
Generation at
Development under
Development under
Current
Proposed Zoning- Single-
Proposed Zoning- Multi -
Potential
Family Homes'
Family Housing'
Build -Out'
AM Peak Hour Trips
627'
649'
3583
PM Peak Hour Trips
551'
930'
4853
' 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 1-1 and 1-2 zoning district.
' Under the RMF-L District, the maximum allowable density is 10 dwelling
Assumptions
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.
Z25-17 Staff Report BOC 1 1.3.2025
Page 7 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 7
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 1-140 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.
Z25-17 Staff Report BOC 1 1.3.2025
Page 8 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 8
Conservation Resources
Legend:
Z25-17 Conservation Resource Map
Pocosin
Swamp Forest
Agricultural Land
Pine Plantation
• The LIDO 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.
Z25-17 Staff Report BOC 1 1.3.2025 Page 9 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 9
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 AdvisoryStudy Map, depictingZ25- 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.
Z25-17 Staff Report BOC 1 1.3.2025 Page 10 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 10
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
Z25-17 Staff Report BOC 1 1.3.2025
Page 11 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 11
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.
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
The strategic objective to achieve this desired
outcome includes the provisions of a variety of
Through planned growth and development,
housing options. The proposed RMF-L district
residents have access to their basic needs.
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.
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
Natural areas and critical environmental
depending on final site design and field
features are enhanced and protected.
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.
Z25-17 Staff Report BOC 1 1.3.2025
Page 12 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 12
Representative Developments
Representative Developments of 1-1 & 1-2 (ExisgggZoninV
Distribution Center on US 421, 1-2
Commercial Strip in l- I
Z25-17 Staff Report BOC 1 1.3.2025
Page 13 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 13
Representative Development of RMF-L (Propo5eo`Zon4W.
Reserve at Beaumont Oaks Apartments (CZD RMF-L)
Reserve at Beaumont Oaks Duplexes (CZD RMF-L)
Z25-17 Staff Report BOC 1 1.3.2025
Page 14 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 14
F,
Ok
E
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 1-140, 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 1-140 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.
Z25-17 Staff Report BOC 1 1.3.2025
Page 15 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 15
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
Community Mixed Use
Map Place Type
Focuses on small-scale, compact, mixed use development patterns that serve
Place Type
all modes of travel and act as an attractor for county residents and visitors.
Description
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi -family and single-family residential.
Z25-17 Staff Report BOC 1 1.3.2025
Page 16 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 16
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,
Analysis
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.
The proposed RMF-L rezoning is generally CONSISTENT with the 2016
Consistency
Comprehensive Plan because the district provides residential densities that
are in line with the recommendations of the Community Mixed Use place
Recommendation
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.
Z25-17 Staff Report BOC 1 1.3.2025
Page 17 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 17
PLANNING BOARD ACTION
The Planning Board considered this item at their October 2, 2025, regular meeting. Two members of
the Board were absent from this hearing, and one was recused due to a conflict of interest. Three
members of the public spoke in opposition, some stating that the density is too high for this area,
while others said that they were not opposed to the density but would have preferred to see a mixed -
use project with some commercial uses in addition to the residential development. The Planning
Board discussed the current zoning of the property and the uses the 1-1 and 1-2 districts would allow
by -right. Some members of the Board expressed concerns about industrial development on this
parcel and stated that residential zoning would be a better fit in this area. There were some concerns
about the straight rezoning vs. the conditional, but the majority of the Board ultimately found that a
straight rezoning was appropriate in this case.
The Planning Board voted (3-1) to recommend approval of the rezoning, finding 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 and could serve existing and
future businesses and residents. The Board also found recommending approval of the rezoning
request was reasonable and in the public interest because the district would act as a new area for a
mix of housing types in this area.
STAFF RECOMMENDATION
Staffs 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 1-140 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 concurs with the Planning Board's recommendation and suggests the following
motion:
I move to APPROVE 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 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.
Z25-17 Staff Report BOC 1 1.3.2025
Page 18 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 18
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 DENY 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 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.
Z25-17 Staff Report BOC 1 1.3.2025
Page 19 of 19
Board of Commissioners - November 3, 2025
ITEM: 9 - 2 - 19
Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N
Z25-17 3200-4100 Blocks of 1-2 & 1-1 RMF-L
Blue Clay Rd
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Board of Commissioners -November 3, 2025 Z25-17
ITEM: 9 - 3 - 1
Case: Site Address:
Z25-17 3200-4100 Blocks of
Blue Clay Rd
I4o
East 1.740 West
Hemldc
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Existing Zoning/Use:
1-2 & 1-1
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Proposed Zoning/Use:
RMF-L
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Future Land Use
EMPLOYMENT CENTER
GENERAL RESIDENTIAL
URBAN MIXED USE
COMMUNITY MIXE❑ USE
Q Z25-17
Board of Commissioners - November 3, 2025
ITEM: 9 - 4 - 1
Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N
Z25-17 3200-4100 Blocks of 1-2 & 1-1 RMF-L
Blue Clay Rd
--6 0r Old;
Ea
J
Nearby Properties
Z25-17
i
Parcels Within 510 ft
Board of Commissioners - November 3, 2025
ITEM: 9 - 5-1
Ao,
�-®
Initial Application
Documents & Materials
Board of Commissioners - November 3, 2025
ITEM: 9 - 6 - 1
NEW HANOVER COUNTY
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (9 7 0) 798-7053
plan ningdevelopment.nhcgov.com
ZONING MAP AMENDMENT APPLICATION
This application form must be completed as part of a zoning map amendment application submitted through the county's
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
Public Hearing Procedures I
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.2 of the Unified Development Ordinance.
1. Applicant and Property Owner Informat on
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Cape Fear Development c/o Mike Brown See Signature Pages, Attached
Company Company/Owner Name 2
See Signature Pages, Attached
Address Address
3650 Blue Clay Road See Signature Pages, Attached
City, State, Zip City, State, Zip
New Hanover County North Carolina See Signature Pages, Attached
Phone Phone
{ (910)622-4657 See Signature Pages, Attached
Email Email
{ mike@capefearcommercial.com See Signature Pages, Attached
Page 1 of 5
Board of Commissioners - N99&& 8p dment Application — Updated 12-2020
ITEM: 9 - 7 - 1
2. Subject Property Information
Address/Location Located on NE side of intersection of US
1-140 and Blue Clay Road; see map attached
Total Parcel(s) Acreage Existing Zoning and Use(s)
Approx. 108 Acres I-1 + SHOD, 1-2; Vacant
3. Zoning Map Amendment Considerations
Parcel Identification Number(s)
A portion of R02600-003-003-000
Proposed Zoning Future Land Use
Distrid(s): RMF-L and Classification:
remove existing SHOD Community Mixed
Use
Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the
requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover
County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify
the land that is subject of the application to the requested zoning district classification(s) and subjects it to the
development regulations applicable to the district(s).
The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Map
amendment meets the following criteria. (attach additional pages if necessary)
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.?
See Exhibit A, Attached
2. How would the requested zoning change be consistent with the property's classification on the 2016
Comprehensive Plan's Future Land Use Map?
See Exhibit A, Attached
Page 2 of 5
Board of Commissioners - NA 00 9p2�gpgndment Application — Updated 12-2020
ITEM: 9 - 7 - 2
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 Exhibit A, Attached
4. How will this zoning change serve the public interest?
See Exhibit A, Attached
Page 3 of 5
Board of Commissioners - Nqa*OAa XR&dment Application — Updated 12-2020
ITEM: 9 - 7 - 3
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under "Applicant Initial'. Applications determined to be
incomplete must be corrected in order to be processed for further review.
Application checklist
LK This application form, completed and signed
Application fee.
• $500 for 5 acres or less
• $600 for more than 5 acres
Le al description b metes and bounds) or recorded survey Map Book
g N ( Y
and Page Reference of the property requested for rezoning
One (1) hard copy of ALL documents
Acknowledgment and Signatures Form (if applicable)
Ltd One (1) digital PDF copy of ALL documents AND plans
Applicant Initial
Page 4 of 5
Board of Commissioners - NcAPa*9eM9p2 Jp9ndment Application — Updated 12-2020
ITEM: 9 - 7 - 4
4. Acknowledgement and Signatures
I hereby certify that I am the applicant or authorized agent of the applicant, and the information included in this
application is accurate to the best of my knowledge, information, and belief. I also certify that I have submitted all
of the information and documentation required for this application. Further, I acknowledge that no site work can
commence until all applicable approvals and permits are obtained, and that any modifications to approved or
proposed plans must be reviewed by the County and may require the submittal of a new application.
`t �✓f C � ' c. � e,� i L . lira � � �
^Signature of Applicant Print Name
Signature of Applicant
Print Name
Note: This form must be signed by the owner(s) of record, contract purchaser(s), or other persons(s) having a
recognized property interest; or by a person authorized to submit the application on their behalf.
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.
Page 5 of 5
Board of Commissioners - Na98l960WLihWdment Application — Updated 12-2020
ITEM: 9 - 7 - 5
Board of Commissioners - November 3, 2025
ITEM: 9 - 7 - 6
. 2 �� - f � , .■% « � �/� \
Exhibit A to Rezoning Application
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.?
a. As indicated on the 2016 New Hanover County Comprehensive Plan,
the county's population is expected to grow considerably by 2040 (57%
growth projection). In order to support the needs of a growing
population, the plan calls for the implementation of a variety of
strategies in the fulfilment of stated goals and objectives.
b. Consistent with the livable built environment theme in the
Comprehensive Plan- a stated goal is to create a mix of housing types
to promote diversity and strengthen existing residential areas.
c. Interwoven equity theme in Comprehensive Plan- goal to provide
range of housing types and along with the use of public improvements
to leverage private development along with alignment with win -win
opportunities that focus on common interests. The subject property is
located along Blue Clay Road where CFPUA (in partnership with
NHC) is presently installing a 16" water line to support investment
and growth in the northern part of the county. Additionally, sewer is
available along the corridor, with unutilized capacity. Future
development of the property will create an immediate return on these
public investments while serving as a catalyst for future growth in
alignment with the Comprehensive Plan.
d. Resilient economy- encourage infill development, create unique and
special places to attract individuals by creating a sense of place. The
subject property is located along Blue Clay Road and ideally positioned
for moderate density single family and low -density multi -family family
offerings, which would prove attractive to working and active adult
individuals and families. The subject property is located within close
proximity of major employers in addition to existing and proposed
employment centers (1.6 miles from GE Campus, 1.3 miles from CFCC
North Campus, 1.5 miles from North Kerr Industrial Park, and
adjacent to Blue Clay Business Park).
e. Encourage safe, walkable communities. Subject property is located
1.35 miles from Cape Fear Optimist Park and is .20 miles from Trask
Family Farm.
f. Continue to develop drainage systems- A future project on this parcel
would further enhance and add additional capacity to an existing
drainage system located on the property.
Board of Commissioners - November 3, 2025
ITEM: 9 - 7 - 8
g. Encourage infill development that develops underutilized properties.
2. How would the requested zoning change be consistent with the property's
classification on the 2016 Comprehensive Plan's Future Land Use Map?
a. The Future Land Use Map proposes a Community Mixed -Use place
type on this parcel. The property is surrounded by residential,
community mixed -use, and employment center on the Future Land
Use Map. The requested zoning would be directly in line with these
designated future uses; and alongside neighboring uses, will serve to
create an attractive and functioning region of the county where
employment centers, recreational amenities, commercial (retail) nodes,
and residential are located in convenient proximity to one another.
b. Community mixed -use calls for moderate density multi -family and
single-family residential development with about 12-15 du/acre for
multi -family residential and about S du/acre for single-family
residential development. Here, the requested RMF-L; allows for a
maximum of 10 du/acre; which is cohesive with the foreseeable future
use of the parcel and consistent with the planning objectives as
outlined in the NHC Comprehensive Plan.
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?
a. A number of residential zoning designations are in reasonable
proximity of the site, including existing uses (and designated uses
within the comprehensive plan) to the west and east of the property.
b. The proposed zoning pairs well with neighboring PD zoning to the
south as well as the existing industrial and business -oriented zoning
classifications in the vicinity. It is also consistent with area's
Community Mixed -Use designation on the Future Land Use
Map/Comprehensive plan. The requested rezoning will allow the
construction of residential single family and multi -family low density
which is a key component of cohesive growth as planned for the area
whereby residential and commercial development support one another.
This will enhance workforce development, promote economic prosperity
and foster a sense of community within this region of the county.
c. Change in market conditions prioritizes a greater diversity of housing
options over that contemplated at the time of current zoning.
4. How will this zoning change serve the public interest?
Board of Commissioners - November 3, 2025
ITEM: 9 - 7 - 9
a. Bringing diversity of housing options and meeting the housing
needs/demand of a growing county
i. Diversity of housing within this area specifically.
b. Fosters inclusivity for those residents who do not want the traditional
mass scale single-family subdivision style of development.
Accommodates more diverse desires of the community, which promotes
inclusivity, diversity, and sense of place
c. Improvements to stormwater drainage, walkability of the area,
beautification and aesthetic considerations
d. Location of additional residential offerings in close proximity to
complimentary commercial development and neighborhood commercial
amenities & uses which have emerged in recent years (Blue Clay
Business Park & Trask Family Farm as examples)
e. Return of investments made by CFPUA and NHC in expanding
water/sewer infrastructure to the northern part of the county; by
providing both SDC and rate income back to CFPUA as well as tax
base to NHC; thus representing a realization of the vision for those
public investments
5. Additional Comments
a. The applicants have differentiated themselves within the market
through their consistent focus on land planning and development
which is environmentally conscience, focused on high quality
design/construction and placemaking. Tree preservation, wetland
preservation, creation of active greenspaces incorporated into the built
landscape, pedestrianlbicycle connectivity, high end architecture and
building materials, and other like kind investments serve as hallmarks
of the applicants work within the region over the past 25 years. The
applicant's approach to planning for this parcel will be a continuation
of this commitment.
b. The applicant has reviewed onsite soils and found them to be high
quality, well drained and conducive to residential development. The
presence of organic/unsuitable soils were not noted in areas which
might be developed on the parcel.
c. The applicant has engaged a wetlands consultant to review the parcel
and a site visit has been completed. The consultant's report will be
reviewed with the Corps of Engineers. Notably, based on preliminary
assessment, it is anticipated that wetlands on site are
Board of Commissioners - November 3, 2025
ITEM: 9 - 7 - 10
limited/potentially non-existent. Regardless of classification lower
lying areas will be avoided in any future land planning; preserving
these areas as natural greenspaces and buffers from the surrounding I-
140 bypass to the south.
d. The parcel's man-made drainage system is expansive and has been
well maintained over the years. These systems would be preserved
largely intact for utilization for post treatment stormwater conveyance
as part of any plan that is brought forward in the future; in effect
enhancing the ability of the parcel to handle large rainfall events
(retention within onsite stormwater ponds + additional capacity within
onsite drainage systems).
e. The applicant has reviewed the non -regulatory NHC Northern
Watershed Flood Study and collected topographic data onsite which
was compared to the study results. The applicant will be meeting with
NHC staff to discuss these findings. The applicant is mindful of the
importance of floodwaylfloodplain management and any future plans
for the project would take all data into consideration. Furthermore, as
part of the technical review process, all of these considerations will be
vetted and given adequate consideration prior to any future
development plan approval.
f. With CFPUA water and sewer available, the property will not utilize
septic systems or well water; avoiding contributing to any concerns
relative aquifer resources associated with the risk of cross
contamination of septic systems and wells.
1
Board of Commissioners - November 3, 2025
ITEM: 9 - 7 - 11
Signature Pages to New Hanover County Planning & Land Use Authority for Appointment of
Agent Form
Parcel R02600-003-003-000:
OFSC PROPERTIES, LLC
Address: 310 Oakland Drive
Wilmington, NC 28405
By: 4~
Name:20--
�A IV ��'�,c �
Title: �q
Email:
Phone: '//d 61
AMMO DUMP{LAKE+9, LLC
Address: 1051 Military Cutoff Road
Wilmington, NC 28405
am
Name:
Title:
Email:
Phone:
THE D. WEBSTER TRASK REVOCABLE TRUST
DATED SEPTEMBER 26, 2016, AND
ANY AMENDMENTS THERETO
Address:
By:
Name: D. Webster Trask
Title: Trustee
Email:
Phone:
Board of Commissioners - November 3, 2025
ITEM: 9 - 7 - 12
Docusign Envelope ID: 67268206-EFFD-4CF5-AD3C-6A383C6D7347
Signature Pages to New Hanover County Planning & Land Use Authority for Appointment of
Agent Form
Parcel R02600-003-003-000:
OFSC PROPERTIES, LLC
Address: 310 Oakland Drive
Wilmington, NC 28405
By: _
Name:
Title:
Email:
Phone:
AMMO DUMP.'LAKE-9, LLC
Address: 1051 Military Cutoff Road
Wilmington, NC 28405
By: - Name -
Title:
Email:
Phone:
THE D. WEBSTER TRASK REVOCABLE TRUST
DATED SEPTEMBER 26, 2016, AND
ANY AMENDMENTS THERETO
Address: 6336 Oleander Drive, Ste. 1
W'I ' ton, NC 28403
Dec -By: E- - - We
Name: D. Webster Trask
Title: Trustee
Email: webtrask@ec.rr.com
Phone: 910-520-1220
Board of Commissioners - November 3, 2025
ITEM: 9 - 7 - 13
Docusign Envelope ID: 04259810-5269.46BA-856B-C2D81EF16B9F
Signature Pages to New Hanover County Planning & Land Use Authority for Appointment of
Agent Form
Parcel R02600-003-003-000:
OFSC PROPERTIES, LLC
Address: 310 Oakland Drive
Wilmington, NC 29405
By: _.
Name:
Title.
Email:
Phone:
AMMO DUMPILAKE+9, LLC
Address: 1051 Military Cutoff Road
Wilmington, NC 28405
by,
By:F;�
'—$('AB2FF372&u00...
Name: Bruce Chappell
Title: manager
Email: bruce.chappell@stifel.com
Phone: 910-538-5653
THE D. WEBSTER TRASK REVOCABLE TRUST
DATED SEPTEMBER 26, 2016, AND
ANY AMENDMENTS THERETO
Address:
By:
Name: D. Webster Trask
Title: Trustee
Email:
Phone:
Board of Commissioners - November 3, 2025
ITEM: 9 - 7 - 14
Public Comments
In Support
Neutral
In Opposition
Board of Commissioners - November 3, 2025
ITEM: 9 - 8 - 1
Dickerson, Zachary
From: Farrell, Robert
Sent: Monday, September 29, 2025 12:14 PM
To: Dickerson, Zachary
Subject: FW: Plan for school infrastructure, Trask housing development
Robert Farrell (He/Him/His)
Development Review Supervisor
New Hanover County - Planning & Land Use - Planning & Zoning
(910) 798-7164 p 1 (910) 798-7838 f
rfarrell@nhcgov.com
230 Government Center Drive, Suite 110
Wilmington, NC 28403
www.NHCgov.com
From: Crowell, Kym <KCrowell@nhcgov.com>
Sent: Monday, September 29, 2025 12:00 PM
To: Roth, Rebekah <rroth@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com>
Subject: FW: Plan for school infrastructure, Trask housing development
FYI —
Kym
Kym Crowell
Clerk To The Board
New Hanover County - County Commissioners
(910) 798-7143 p 1 (910) 798-7808 f
KCrowell@nhcgov.com
230 Government Center Drive, Suite 175
Wilmington, NC 28403
www.NHCqov.com
From: Charbear D <crychak@gmail.com>
Sent: Monday, September 29, 2025 11:58 AM
To: County Commissioners <D CCOM CountyCommissioners@nhcgov.com>
Subject: Plan for school infrastructure, Trask housing development
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Good morning all,
As you look forward to reviewing this proposed development in the next week, please also consider the
future demands on our school system. We are already overcrowded (Porters Neck ES, Ogden, Laney
HS), with failing infrastructure (note New Hanover HS). This development, from what I'm hearing, will
bring potentially another 1,000 units, if the rezoning request is approved.
Review of the Coates' Cannon indicated impact fees directly related to schools is not prohibited in North
Carolina(https:Hcanons.sog.unc.edu/2024/06/schools-and-development-regulations-in-north-
carolina/). However, I'm curious if the Board has explored other ways to offset public service
1
Board of Commissioners - November 3, 2025
ITEM: 9 - 9 - 1
improvements to reduce tax -payer costs to allow funds to be set aside for new schools, such as land
donations for future park space (which we significantly need), land set -asides for future school
development, roadway and utility impact fees, etc? Is this something the Board is strategizing, or
requesting County staff to look into?
The news article is linked below for ease of reference.
https://www.starnewsonline.com/story/news/local/2025/09/26/trask-family-property-u p-for-
development-in-wilmington-nc/86203463007/
Sincerely,
Charity Delaney
Crychak@gmaiL.com
(434)-249-3954
z
Board of Commissioners - November 3, 2025
ITEM: 9 - 9 - 2
Dickerson, Zachary
From: noreply@civicpIus.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 asciam19626c�gmail.com
Please select the case PB Meeting - Z25-17 — Blue Clay Straight Rezoning
for comment.
What is the nature of Oppose project
your comment?
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
1
Board of Commissioners - November 3, 2025
ITEM: 9 - 9 - 3
0
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
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files here. No more than 20MB in size total for all files. File types accepted are: doc,
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2
Board of Commissioners - November 3, 2025
ITEM: 9 - 9 - 4
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
Standard
Single Family
Duplex
Triplex
Quadraplex
Multi -Family
Detached
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
Pide 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
10
units/acre)
Building height, maximum
3 stories
4 stories
Additional height allowance
See Section 3.1.3.0 for
standards when adjacent to residential
properties
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
SUPERSEDING DIMENSIONAL STANDARDS
1
5
Additional Standards.
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)
Board of Commissioners - November 3, 2025
ITEM: 9 - 10 - 1
PRINCIPAL USES
By Right
KEY: * = USE -SPECIFIC STANDARDS APPLY (SEE SECTION 4.3 FOR USE -SPECIFIC STANDARDS)
Special Use
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
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
Board of Commissioners - November 3, 2025
ITEM: 9 - 10 - 2
New Hanover County I the model of good governance
N H Cgov.com
Case Z25=1 7
Rezoning Request:
108 acres from 1-1 & 1-2 to RMF-L
Applicant: Mike Brown, Cape Fear Development
Property Owner: OFSC Properties,, LLC, Ammo
Dump/Lake+9,, LLC, & Trask Revocable Trust
Zach Dickerson
Senior Planner
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 1
New Hanover County I the model of good governance
NHCgov.com
0
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R-7 D Z25-17
R-10
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 2
Slide 2
New Hanover County I the model of good governance
N H Cgov.com
AERIAL
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Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 3
New Hanover County I the model of good governance
N H Cgov.com
Existing Site Conditions
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 4
Slide 4
New Hanover County I the model of good governance
NHCgov.com
1=1F Light Industrial & 1=2, Heavy Industrial
Districts
Business Service Center
Indoor & Outdoor Recreation Establishment
Vehicle Service Station
Data Center
Offices for Private Business
Artisan Manufacturing
Warehousing
Chemical Manufacturing
Landfill
Commercial Recycling Facility
Food Manufacturing
Transportation Equipment Manufacturing
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 5
New Hanover County I the model of good governance
N H Cgov.com
Representative Development of 1-1 & 1-2
Light and Heavy Industrial
Light Industrial in Dutch
Square
Distribution Center, US
,427
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 6
Slide 6
New Hanover County I the model of good governance
N H Cgov.com
RMF=L District
DIMENSIONAL STANDARDS
Single Family
Standard
Detached
Duplex
Triplex
quadrapkx
MukrFamily
Lot area, minimum (sq
5,000
7,500
12,500
17,500
20,000
1
Lot width, m i n im u m(feet)*
50
100
2
Front setback (feet]*
20
35
3
Side setback, street (feet]*
10
30
4
Side setback, interior (feet)*
5
L to 2 stories: 20
tories25
3 stories-? 5
5
Rear setback (feet)*
15
1 to 2 stories: 25
3 stories: 30
Density, maximum (dwelling
units/acre)
10
Bu i (ding height, maxim u m
3 stories
4 stories
Additional height allowance
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).
f
2 t3 P�
1�
By Right
ApiWbral Uses
-Agricultural and Forestry Uses, General
Rmidmai Uses
-Dwelling, Dual -Unit Attached
- Dwelling, Muiti-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
Cft and lmffhftnal
- 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
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 7
7
New Hanover County I the model of good governance
NHCgov.corn
Representative Development of
RMF-L
i kk�T p
PRO
lia oil 7:41
rf r
Reserve at Beaumont Oaks
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 8
Slide 8
New Hanover County I the model of good governance
NHCgov.com
Site Access N
�o
4�G G
2
F
Z�
m
o �y�vo
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Jac
Primary Access:
Blue Clay Rd
FLa-HEMLOCKRD
0
cc
HOLLY RO QP�
r
r2
a.^r... 1
+� I-140 E �
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 9
Slide 9
New Hanover County I the model of good governance
NHCgov.com
Area Developments
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 10
New Hanover County I the model of good governance
N H Cgov.com
Trip Generation
Traffic Generated by Present
Designation (1-1 & 1-2):
Potential By -Right
Development under Proposed
Zoning: Single Family Homes
Potential By -Right
Development under Proposed
Zoning: Multi -Family Housing
Approximately 847,000 sq ft 627 AM / 551 PM
of General Industrial
1,080 single family homes
1,080 multi -family dwelling
units
649 AM / 930 PM
358 AM / 485 PM
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 11
Slide 11
New Hanover County I the model of good governance
N H Cgov.com
Student Generation
Development Type
16 d i
Existing Zoning
Proposed Zoning
Industrial- does not allow Total: 0
residential uses (0 elementary, 0 middle, 0
high)
1,080 Residential Units
Total: 204
(84 elementary, 45 middle,
75 high)
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 12
Planning & Land Use November 7, 2024 Slide 12
New Hanover County I the model of good governance
N H Cgov.com
Conservation Resources
Legend
Pocosin
Swamp Forest
Agricultural Land
Pine Plantation
• The UDO regulates certain
Conservation Resources, some of
which are present on this site.
• Based on general estimates, staff
anticipates several acres of this site
will need to be set aside as
Conservation Space.
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 13
New Hanover County I the model of good governance
N H Cgov.com
Floodplain Ad visory Study
Legend
Advisory AE Floodwa
Advisor AE: 100 ear Flood lain
Advisor 500- ear Flood lain
• The subject site is within one of the
areas included in the recently
release Northeast Watersheds Flood
Study.
• Though not regulatory, there are
portions of this site that are located
in an advisory flood area.
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 14
New Hanover County I the model of good governance
N H Cgov.com
Compatibility
This site is
located
near large-scale
planned
residential developments south of 1-140,
including the
236-unit
Proximity at Blue
Clay and
the Blue Clay Farms Planned Development.
New Hanover County's Blue Clay Business Park is across Blue Clay Road from this site.
Roadway improvements required for the business park include a traffic signal at Juvenile
Center Drive.
Other nearby land uses include a small single-family subdivision to the west, an R-15
neighborhood further east along Blue Clay Road, and the Cape Fear Community College
North Campus across College where Blue Clay turns into Sidbury Road.
Community services such as medical, retail, and grocery uses are approximately 1.5 miles
southeast at the Northchase commercial center.
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 15
Slide 15
New Hanover County I the model of good governance
NHCgov.com
Strategic Plan
Sustainable Land Use & Environmental Stewardship
ired Outcomes
95 h of residential units are within a 10-minute drive of healtl-
Through planned growth and Connect residents to basic needs rare, childcare, grocery stores end pharmacies
develop ment, residents have th rough a va ri ety of Fro usi ng and
access to their basic needs. transportation options. In crease th a housi ng su pp ly too a Ievell of a n e res i denti a I u ni t
per two residents
M Sustainable Lard Use & Environmental tewards f
Outcomes ,- StrategObjectives
Natural areas and critical Reduce the number of new residential lots created in special
environmental features are Ensure dents
n ment flood hazard areas within the unincorporated county
enhanced and rotecte�. compliments natural features.
P Reduce bacterial contaminants in countycreeks
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 16
Slide 16
New Hanover County I the model of good governance
N H Cgov.com
New Hanover County
Future Land Use Map
aruns�-t-i
County
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NaxH ti u3 the5Zoning M p
` It s ntsntletl to be a gene- I t Ulh 25 year vi sin
for Nan Hanover County IF- uidM1 r ns M1 Wad
wlh Plan NHC and will be used t guide f-Lhe lavalopment tl isions,
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2016 Comprehensive Plan Place Type:
General Residential &Community Mixed Use
LAND USE
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URBAN MIXED USE b
COMMUNITY MIXED USE
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0 8 �
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 17
Slide 17
New Hanover County I the model of good governance
N H Cgov.com
Planning Board Action
The Planning Board considered this item at their
October 2, 2025 regular meeting.
There was some opposition to this request, and the
Board discussed the implications of the current
industrial zoning on the parcel vs. the uses the RMF
request would allow.
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 18
New Hanover County I the model of good governance
N H Cgov.com
Planning Board Action
The Planning Board voted (3-1) to recommend approval of the
rezoning, finding 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 and could serve existing
and future businesses and residents.
The Board also found recommending approval of the
rezoning request was reasonable and in the public interest
because the district would act as a new area for a mix of
housing types in this area.
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 19
New Hanover County I the model of good governance
N H Cgov.com
Staff Recommendation
This request is consistent with the 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 commercial uses.
As a result, staff concurs with the Planning Board's recommendation.
Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 20
New Hanover County I the model of good governance
N H Cgov.com
AERIAL
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Board of Commissioners - November 3, 2025
ITEM: 9 - 11 - 21
21