2021-12 PB AGENDA PACKET
NEW HANOVER COUNTY
PLANNING BOARD AGENDA
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301 Wilmington, NC 28401
Members of the Board
Jeffrey P Petroff, Chair |Donna Girardot, Vice-Chair
Paul Boney|Hansen Ma'hews |Jeffrey Stokley Jr. | H. Allen Pope |Colin J. Tarrant
Rebekah Roth, Director| Ken Vafier, Planning Manager
DECEMBER 2, 2021 6:00 PM
Mee2ng Called to Order by Chair, Jeff Petroff
Pledge of Allegiance by Planning Manager, Ken Vafier
Approval of Minutes (November 2021)
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substanal changes in these peons as a result of objecons, debate,
and discussion at the meeng, including rezoning to other classificaons.
1 Public Hearing
Text Amendment Request (TA21-04) - Request by Frank Pasquale with KFJ Development Group,
LLC to amend Ar2cles 3 and 4 of the Unified Development Ordinance to establish a new zoning
district, the Riverfront Urban Mixed-Use Zoning District.
2 Public Hearing
Rezoning Request (Z21-16) - Request by Frank Pasquale with KFJ Development Group, LLC, on
behalf of Ray Bordeaux with DBDL, LLC, to rezone approximately 8.34 acres of land located at
1100 Point Harbor Road from I-2, Heavy Industrial to RUMXZ, Riverfront Urban Mixed-Use
Zoning District for a mixed-use development.
3 Public Hearing
Rezoning Request (Z21-15) - Request by Thompson ThriE Development, Inc., applicant, on behalf
of ARFA Holdings, LLC, property owner, to rezone approximately 20.5 acres of land located at
6124 Carolina Beach Road from B-2, Regional Business District, to (CZD) RMF-M, Residen2al
Mul2-Family Moderate Density District, in order to develop a mul2-family project.
4 Public Hearing
Rezoning Request - (Z21-04M) - Request by RSC Engineering, PLLC, on behalf of the property
owner, Cape Fear Habitat for Humanity, Inc., to modify an exis2ng (CZD) R-10 zoning district,
containing approximately 4.9 acres of land, located in the 3200 block of Reminisce Road, to add a
proposed stormwater pond.
5 Public Hearing
Rezoning Request (Z21-17) - Request by Cindee Wolf, applicant on behalf of the property owner,
JH Land LLC, to rezone approximately 86.10 acres of land located at the southern end of Roger
Haynes Drive from B-2, Regional Business District to R-10, Residen2al District.
6 Public Hearing
Rezoning Request (Z21-18) - Request by Cindee Wolf, applicant on behalf of the property owner,
Planning Board - December 2, 2021
Hilda C. Dill etal, to rezone approximately 4.97 acres of land located along the western side of I-
40, opposite the end of Brookdale Drive, from I-2, Heavy Industrial District to R-10, Residen2al
District.
7 Preliminary Forum
Special Use Permit Modifica2on Request (S-611M) – Request by Joe Suleyman, Director of
Environmental Management, on behalf of New Hanover County, to modify an exis2ng special use
permit to expand a sanitary landfill in an I-2, Heavy Industrial zoning district, east of US Highway
421 and north of the I-140 bypass
Planning Board - December 2, 2021
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/2/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning & Land Use Director
CONTACT(S): Rebekah Roth
SUBJECT:
Public Hearing
Text Amendment Request (TA21-04) - Request by Frank Pasquale with KFJ Development Group, LLC to amend
Ar;cles 3 and 4 of the Unified Development Ordinance to establish a new zoning district, the Riverfront Urban
Mixed-Use Zoning District.
BRIEF SUMMARY:
Applicant Frank Pasquale with KFJ Development Group has proposed an amendment establishing a new Riverfront
Urban Mixed-Use Zoning (RUMXZ) district. The proposed amendment seeks to provide an addi-onal tool for
redevelopment of Cape Fear and Northeast Cape Fear riverfront proper-es. The proposed district combines concepts
from the exis-ng Riverfront Mixed Use Planned Development Zoning (RFMU), Urban Mixed-Use Zoning (UMXZ) and
Planned Development (PD) districts.
This item was considered by the Planning Board at their November 4, 2021 mee-ng, and the board voted to con-nue
the public hearing to their December 2, 2021 mee-ng.
The proposed Riverfront Urban Mixed-Use Zoning (RUMXZ) district would be a Master Planned development district,
a type of condi-onal zoning district that includes a site-specific design (Master Development Plan or MDP), along with
a mutually agreed upon Terms & Condi-ons document. MDPs are intended to be in a “bubble” format that illustrates
the general loca-on and intensity of the land uses within the development. Mixed use developments must be
constructed in accordance with the standards established in the approved master plan and must comply with all other
applicable development regula-ons (stormwater, landscaping, roadways, parking, etc.). Compliance with the master
plan and other applicable regula-ons is verified during the technical review of an engineer sealed development
proposal.
The applicant’s proposal includes a district size minimum of 5 acres and allows for a maximum by-right height of 240
feet. The district also prescribes architectural and design elements and promotes mul--modal transporta-on op-ons.
Similar to the exis-ng mixed-use zoning districts, the proposed district would be established with a master plan of
development, approved as part of a rezoning by the Board of Commissioners.
In response to comments received at the mee-ng and addi-onal staff feedback during the review of the companion
rezoning applica-on from the applicant, there have been some modifica-ons to the proposed amendment. The
applicant has agreed to a clarifica-on on the area along the river where the district is intended--the por-on of the
west bank of the river across from the City of Wilmington's Central Business District (CBD) north of Red Cross Street.
The point from where structures' heights will be measured has also been clarified.
In addi-on, modifica-ons have been made to the density intended for the district in order to mirror Wilmington's CBD
requirements and allow for the number of units outlined in the companion rezoning request. Addi-onal requirements
regarding site resiliency and compensa-ng community benefits have also been outlined.
The por-on of the unincorporated area that would qualify for this district has generally retained the ini-al 1970s
industrial zoning to date. However, to the east, across the Northeast Cape Fear River, lies the urban downtown core of
the City of Wilmington, with primarily CBD, Central Business District zoning and generally higher intensity uses.
Planning Board - December 2, 2021
ITEM: 1
Over the past 15 years, the county has developed tools, namely the exis-ng Riverfront Mixed Use (RFMU) Zoning
District, and established goals so future development along the western bank of the Cape Fear and Northeast Cape
Fear Rivers could mirror the development paEern of downtown Wilmington on the eastern bank. Proper-es in the
area where the proposed district would be eligible were designated as Urban Mixed Use places in the 2016
Comprehensive Plan. This is the land use classifica-on with the most residen-al density and urban paEern outlined on
the plan's Future Land Use Map.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Because the proposed text amendment is in line with the Comprehensive Plan's recommenda-ons for the
development paEern on the west side of the river and provides an update of exis-ng RFMU district requirements, staff
recommends approval of the requested amendment, with the provided edits, and suggests the following mo-on:
I move to recommend APPROVAL of the proposed amendment to the New Hanover County Unified Development
Ordinance to establish the Riverfront Urban Mixed-Use Zoning (RUMXZ) district. I find it to be CONSISTENT with the
purpose and intent of the 2016 Comprehensive Plan because it promotes the intended urban-scale mixtures of uses
that reflects downtown Wilmington and contributes to efforts to cluster development and minimize impacts on natural
resources on the western bank of the Cape Fear and Northeast Cape Fear Rivers. I also find APPROVAL of the
proposed amendment reasonable and in the public interest because it provides an addi-onal tool for redevelopment
of the Cape Fear and Northeast Cape Fear riverfront proper-es.
Example Mo-on for Denial
I move to recommend DENIAL of the proposed amendment to the New Hanover County Unified Development
Ordinance to establish the Riverfront Urban Mixed-Use Zoning (RUMXZ) district. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because it promotes the intended urban-scale mixture of uses
that reflects downtown Wilmington and contributes to efforts to cluster development and minimize impacts on natural
resources on the western bank of the Cape Fear and Northeast Cape Fear Rivers, I find DENIAL of the proposed
amendment is reasonable and in the public interest because the proposal is not consistent with the desired character
for this area and the density and height will adversely impact the adjacent proper-es.
ATTACHMENTS:
Descrip-on
TA 21-04 Script
TA 21-04 Staff Report
TA 21-04 Text Amendment w/Staff Comments and Clarifications
TA21-04 CS
TA21-04 Applicant Materials
TA21-04 Applicant Materials 2
TA 21-04 Opposition Cover Sheet
NAACP Letter in Opposition
P. Marriott Comments in Opposition
Opposition from Public Comment Portal (Rcvd. by 11-23-2021)
Neighboring Property Cover Sheet
Planning Board - December 2, 2021
ITEM: 1
Helbig Comments
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 2, 2021
ITEM: 1
SCRIPT for Unified Development Ordinance Text Amendment (TA21-04)
Request by Frank Pasquale with KFJ Development Group, LLC to amend Articles 3 and 4 of the Unified
Development Ordinance to establish a new zoning district, the Riverfront Urban Mixed-Use Zoning
District.
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 presentations and an additional 5 minutes for rebuttal.
1. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation(s) (up to 15 minutes)
c. Opponents’ presentation(s) (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponents’ rebuttal (up to 5 minutes)
2. Close the public hearing
3. Board discussion
4. Vote on amendment. 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 of Approval
I move to recommend APPROVAL of the proposed amendment to the New Hanover County Unified
Development Ordinance to establish the Riverfront Urban Mixed-Use Zoning (RUMXZ) district. I find it to
be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it promotes the
intended urban-scale mixture of uses that reflects downtown Wilmington and contributes to efforts to
cluster development and minimize impacts on natural resources on the western bank of the Cape Fear
and Northeast Cape Fear Rivers. I also find APPROVAL of the proposed amendment reasonable and
in the public interest because it provides an additional tool for redevelopment of the Cape Fear and
Northeast Cape Fear riverfront properties.
Example Motion for Denial
I move to recommend DENIAL of the proposed amendment to the New Hanover County Unified
Development Ordinance to establish the Riverfront Urban Mixed-Use Zoning (RUMXZ) district. While I
find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it
promotes the intended urban-scale mixture of uses that reflects downtown Wilmington and contributes to
efforts to cluster development and minimize impacts on natural resources on the western bank of the
Cape Fear and Northeast Cape Fear Rivers, I find DENIAL of the proposed amendments is reasonable
and in the public interest because the proposal is not consistent with the desired character for this area
and the density and height will adversely impact the adjacent properties.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development
Ordinance to establish the Riverfront Urban Mixed-Use Zoning (RUMXZ) district. I find it to be
[Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons]
Planning Board - December 2, 2021
ITEM: 1 - 1 - 1
__________________________________________________________________________________
__________________________________________________________________________________
I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because
[insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
Planning Board - December 2, 2021
ITEM: 1 - 1 - 2
TA21-04 Staff Summary PB 12.2.2021 Page 1 of 10
STAFF SUMMARY OF TA21-04
TEXT AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: TA21-04
Request:
The intent of this amendment is to establish a new zoning district, the Riverfront Urban Mixed-
Use Zoning (RUMXZ) district.
Applicant: Subject Ordinance:
Frank Pasquale on behalf of KFJ Development Group Unified Development Ordinance
Subject Article(s) and Section(s):
Article 3: Zoning Districts
o Section 3.3.2 Established Mixed Use Zoning Districts
o Section 3.3.8 Riverfront Urban Mixed-Use Zoning (RUMXZ)
Article 4: Uses and Use Specific Standards
o Table 4.2.1: Principal Use Table
o Table 4.4.3 Accessory Use Table
o Table 4.5.3: Temporary Use Table
BACKGROUND
Applicant Frank Pasquale with KFJ Development Group has proposed an amendment establishing
a new Riverfront Urban Mixed-Use Zoning (RUMXZ) district. The proposed amendment seeks to
provide an additional tool for redevelopment of the Cape Fear and Northeast Cape Fear riverfront
properties. The proposed district combines concepts from the existing Riverfront Mixed Use Planned
Development Zoning (RFMU), Urban Mixed-Use Zoning (UMXZ) and Planned Development (PD)
districts.
The Riverfront Urban Mixed-Use Zoning (RUMXZ) district would be a Master Planned Development
district, a type of conditional zoning district that includes a site-specific design (Master Development
Plan or MDP), along with a mutually agreed upon Terms & Conditions document. MDPs are intended
to be in a “bubble” format that illustrate the general location and intensity of the land uses within
the development. Mixed use developments must be constructed in accordance with the standards
established in the approved master plan and must comply with all other applicable development
regulations (stormwater, landscaping, roadways, parking, etc.). Compliance with the master plan
and other applicable regulations is verified during the technical review of an engineer sealed
development proposal.
Planning Board - December 2, 2021
ITEM: 1 - 2 - 1
TA21-04 Staff Summary PB 12.2.2021 Page 2 of 10
The applicant’s proposal includes a district size minimum of 5 acres and allows for a maximum by-
right height of 240 feet. The district also prescribes architectural and design elements and promotes
multi-modal transportation options. Similar to the existing mixed-use zoning districts, the proposed
district would be established by an MDP approved as part of a rezoning by the Board of
Commissioners.
This item was considered by the Planning Board at their November 4, 2021 meeting, and the board
voted to continue the public hearing to their December 2, 2021 meeting.
In response to comments received at the meeting and additional staff feedback during the review
of the companion rezoning application from the applicant, there have been some modifications to
the proposed amendment. The applicant has agreed to a clarification on the area along the river
where the district is intended—the portion of the west bank of the river across from the City of
Wilmington’s Central Business District (CBD) north of Red Cross Street, as shown in the map below.
The method for measuring structures’ heights has also been clarified.
Area of Unincorporated County Eligible for RUMXZ Zoning
In addition, modifications have been made to the density intended for the district in order to mirror
Wilmington’s CBD requirements and allow for the number of units outlined in the companion rezoning
request. Additional requirements regarding site resiliency and compensating community benefits
have also been outlined.
Planning Board - December 2, 2021
ITEM: 1 - 2 - 2
TA21-04 Staff Summary PB 12.2.2021 Page 3 of 10
Staff Analysis
The portion of the unincorporated area that would qualify for this district has generally retained
the initial 1970s industrial zoning to date. However, to the east, across the Northeast Cape Fear
River, lies the urban downtown core of the City of Wilmington, with primarily CBD, Central Business
District zoning and generally higher intensity uses.
In 2007, New Hanover County adopted a new zoning district, the Riverfront Mixed Use (RFMU)
district, specifically to apply to properties along the west bank of the Cape Fear and Northeast
Cape Fear Rivers. This staff-led amendment was a collaborative effort with the City of Wilmington
and numerous stakeholder groups and was initiated in response to increasing interest in
development along the west bank across from downtown Wilmington. Height standards and other
regulations were established in order to reflect the development of downtown, take into account
environmentally sensitive areas, and provide for quality development that would provide a
community benefit. Specific requirements included provisions for a public riverwalk, similar to the
one on the east bank of the river.
Since that time, this district has only been applied to one piece of property, and an RFMU-zoned
development has never been completed. During the Unified Development Ordinance (UDO) Project
process, staff reviewed the RFMU district and found that some of the regulations included in the
district, such as the requirements regarding mix of uses, lot coverage, architectural features, and
timeline for start of construction, may have reduced the likelihood that the district would be used.
Staff made a decision to focus on the new Urban Mixed-Use Zoning (UMXZ) and Planned
Development (PD) districts as alternatives to achieve similar high-quality developments in this area
of the county. However, these districts do include features, such as limits on density and requirements
for district sizes, that have proven to be barriers to the types of development envisioned in the
Comprehensive Plan and intended by the RFMU district.
The proposed RUMXZ district combines several of the features of the RFMU and UMXZ districts. It
is intended to apply to properties too small for PD zoning, which requires a minimum of 10 acres.
The architectural standards would allow for more urban structures than currently allowed in RFMU
and more residential density than allowed in either the RFMU or UMXZ districts. However, building
heights are similar to those provided for in the current RFMU district.
Dimensional differences for the unincorporated jurisdiction’s existing mixed-use districts and the
applicant’s proposed RUMXZ are outlined in the following chart.
Planning Board - December 2, 2021
ITEM: 1 - 2 - 3
TA21-04 Staff Summary PB 12.2.2021 Page 4 of 10
Dimensional
Standards
RFMU
(Current NHC riverfront
zoning district)
PD
(Current NHC mixed-
use zoning district)
UMXZ
(Current NHC mixed-
use zoning district)
RUMXZ
(Proposed text
amendment)
District Size N/A Minimum 10
acres Minimum 5 acres Minimum 5 acres
Setback
from
Residential
Buildings < 50 feet,
equal to building
height adjacent to
residential Established in
MPD with a
minimum 20-foot
periphery
setback for
residential uses
and 35 feet for
industrial uses
35 feet for
buildings < 35
feet in height
adjacent to
residential
35 feet for buildings
< 35 feet in height
adjacent to
residential
50 feet for
buildings > 50 feet
adjacent to
residential
45 feet for
buildings > 35
feet in height
adjacent to
residential
45 feet for buildings
> 35 feet in height
adjacent to
residential
Note: Properties
eligible for this district
are not adjacent to any
existing residential
zoning or uses
Street
Setback 16 feet Established in
MPD
10 feet
Not required along
alleys; may be
waived by TRC
10 feet
Not required along
alleys; may be waived
by TRC
Planning Board - December 2, 2021
ITEM: 1 - 2 - 4
TA21-04 Staff Summary PB 12.2.2021 Page 5 of 10
Dimensional
Standards
RFMU
(Current NHC riverfront
zoning district)
PD
(Current NHC mixed-
use zoning district)
UMXZ
(Current NHC mixed-
use zoning district)
RUMXZ
(Proposed text
amendment)
Maximum
Height
150 ft., not
including up to 60
feet for structured
parking
Established in
MDP (TA21-03)
Established in
MDP (TA21-03)
240 feet as
measured from the
average grade of
the finished first floor
to the highest point
of the finished roof
Performance Bonus:
Additional 30 ft. in
height allowed if
dedication of
private land area
for public use is
greater than the
required 10%
minimum
75 feet within the
height restriction
overlay area
directly across from
COW Historic
District
Maximum
Density for
Residential
Uses
Required mix of
uses dictates density
maximum
Properties in
Urban Mixed Use
place type:
Established in
MPD
15 units/acre for
single-family
residential units
25 units/acre for
multifamily
residential units
36 units/acre for
vertical mixed-use
buildings
50 units/acre multi-
family minimum
Other Properties:
17 units/acre
No maximum for
vertically integrated
mixed-use buildings
Maximum
Lot
Coverage
50% N/A N/A N/A
Minimum
Residential
Unit Size
750 sq. ft. N/A N/A N/A
Planning Board - December 2, 2021
ITEM: 1 - 2 - 5
TA21-04 Staff Summary PB 12.2.2021 Page 6 of 10
Given the proximity of the City limits to the Cape Fear and Northeast Cape Fear riverfront
properties, it is also appropriate to include and analyze the existing development pattern and
zoning districts reflected along the east side of the river.
Dimensional
Standards
CBD
(Existing zoning district
east of Cape Fear River)
UMX
(Existing zoning district utilized
in the downtown core)
RUMXZ
(Proposed text amendment)
District Size N/A
N/A inside the 1945
corporate limits
Minimum 5 acres
5 acres outside of 1945
corporate limits
Setback from
Residential
Buildings < 35 feet: 0
Buildings > 35 feet:
1:1 ratio
5 feet or the average
front setback in the front
no more than 10 feet;
35 feet for buildings
< 35 feet in height
adjacent to residential
Side and rear setbacks
require a minimum of 5
feet
45 feet for buildings
> 35 feet in height
adjacent to residential
Note: Properties eligible
for this district are not
adjacent to any existing
residential zoning or uses
Street Setback
At least 50% of the
building shall be
setback 5 feet from
property line.
Remaining 50%
subject to a maximum
depth of 15% of
height.
Maximum of 10 feet
10 feet
Not required along alleys;
may be waived by TRC
Planning Board - December 2, 2021
ITEM: 1 - 2 - 6
TA21-04 Staff Summary PB 12.2.2021 Page 7 of 10
Dimensional
Standards
CBD
(Existing zoning district
east of Cape Fear River)
UMX
(Existing zoning district utilized
in the downtown core)
RUMXZ
(Proposed text amendment)
Maximum
Height
CBD Height Map
dictate minimum and
maximum by right.
(See following map;
240 feet for the area
north of Red Cross
Street)
35 feet for buildings < 35
feet in height adjacent to
residential 240 feet as measured
from the average grade
of the finished first floor
to the highest point of
the finished roof 45 feet for buildings > 35
feet in height adjacent to
residential
Maximum
Density for
Residential
Uses
N/A
15 units/acre for single-
family residential units 50 units/acre multi-
family minimum
No maximum for
vertically integrated
mixed-use buildings
25 units/acre for
multifamily residential units
No maximum for vertical
mixed-use buildings
Maximum Lot
Coverage N/A N/A N/A
Minimum
Residential
Unit Size
N/A N/A N/A
Planning Board - December 2, 2021
ITEM: 1 - 2 - 7
TA21-04 Staff Summary PB 12.2.2021 Page 8 of 10
CBD Height Map from City of Wilmington Land Development Code
Planning Board - December 2, 2021
ITEM: 1 - 2 - 8
TA21-04 Staff Summary PB 12.2.2021 Page 9 of 10
The vision for the development pattern provided for in the RFMU district was incorporated into the
Comprehensive Plan, as the areas on the west bank across from downtown Wilmington were
designated as an Urban Mixed Use place type, the land use classification with the most residential
density and urban pattern outlined on the plan's Future Land Use Map.
However, because the area where this district is intended to apply is located in the FEMA AE flood
zone and is subject to regular flooding events, the applicant has also clarified that any rezoning
application to this district must outline the features of site and/or structure resiliency proposed as
part of the rezoning request. Compensating community benefits, currently required only in Planned
Development districts, must also be outlined.
In sum, the proposed district does not require the setting of a new policy direction for the areas
where it may be eligible or provide for heights that are not currently allowed in the County’s
planning jurisdiction. Instead, the proposed district would provide for an updated version of the
RFMU district, which was not modified during the UDO project. While the proposed height is not
currently on the ground, the potential exists with the RFMU zoning district, and the maximum density
is consistent with what is allowed on the east side of the river. Further, the dimensional standards,
paired with the purpose statement of the district, limit the riverfront properties that could apply for
this mixed-use master planned district to those across from downtown areas where similar
development intensity is permitted.
PROPOSED AMENDMENT
The applicant’s proposed text amendment is attached, with red italics indicating staff’s suggested
edits and commentary. Blue bold text indicates additional modifications made in response to
feedback provided at the November 4, 2021 Planning Board public hearing and in response to
staff review of the companion rezoning request.
STAFF RECOMMENDATION
Because the proposed text amendment is in line with the Comprehensive Plan’s recommendations
for the development pattern on the west side of the river and provides an update of existing RFMU
district requirements, staff recommends approval of the requested amendment, with the provided
edits, and suggests the following motion:
I move to recommend APPROVAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to establish the Riverfront Urban Mixed-Use Zoning
(RUMXZ) district. I find it to be CONSISTENT with the purpose and intent of the 2016
Comprehensive Plan because it promotes the intended urban-scale mixture of uses that
reflects downtown Wilmington and contributes to efforts to cluster development and
minimize impacts on natural resources on the western bank of the Cape Fear and Northeast
Cape Fear Rivers. I also find APPROVAL of the proposed amendment reasonable and in
the public interest because it provides an additional tool for redevelopment of the Cape
Fear and Northeast Cape Fear riverfront properties.
Alternate Motion for Denial:
I move to recommend DENIAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to establish the Riverfront Urban Mixed-Use Zoning
(RUMXZ) district. While I find it to be CONSISTENT with the purpose and intent of the 2016
Planning Board - December 2, 2021
ITEM: 1 - 2 - 9
TA21-04 Staff Summary PB 12.2.2021 Page 10 of 10
Comprehensive Plan because it promotes the intended urban-scale mixture of uses that
reflects downtown Wilmington and contributes to efforts to cluster development and
minimize impacts on natural resources on the western bank of the Cape Fear and Northeast
Cape Fear Rivers, I find DENIAL of the proposed amendment is reasonable and in the public
interest because the proposal is not consistent with the desired character for this area and
the density and height will adversely impact the adjacent properties.
Planning Board - December 2, 2021
ITEM: 1 - 2 - 10
2021-12 Planning Board Public Hearing
3.3.2 ESTABLISHED MIXED USE ZONING DISTRICTS
The mixed use districts established by this UDO are identified in Table 3.3.2 Established Mixed Use Zoning Districts.
Table 3.3.2: Mixed Use Zoning Districts
Category District Abbreviation
Mixed Use
Urban Mixed Use Zoning UMXZ
Riverfront Mixed Use Planned Development RFMU
Exceptional Design Planned Development EDZD
General Planned Development PD
Riverfront Urban Mixed-Use Zoning RUMXZ
3.3.4 3.3.8 RIVERFRONT URBAN MIXED-USE ZONING (RUMXZ)
A. Purpose
The Riverfront Urban Mixed-Use Zoning (RUMXZ) District is established to meet the following
seven primary objectives in the areas of New Hanover County fronting the Cape Fear River or Cape Fear River Northeast extension in the proximity of the City of Wilmington and those intended for where urban or community scale mixed use development is envisioned:
• To encourage the efficient mixed use development pattern envisioned in the Comprehensive Plan fronting the Cape Fear or Cape Fear Northeast Extension. The zone shall require that all river frontages be of a “living shoreline” as defined by the USACE, exception will only be allowed when approved for portage for a “river taxi/ferry” service.
• Enhance and preserve environmentally sensitive areas along the river;
• Protect public access to the river through the creation of quality public spaces.
• Preserve cultural and natural resources.
• Ensure quality design and a variety of built forms that result in a pedestrian scale that allows vistas to the east, City of Wilmington, and west from developed pedestrian
walkways, bicycle paths, and Riverwalk. The zone must provide as a compelling skyline.
• Promote and enhance transit options, particularly pedestrian and water-oriented transportation options.
• Provide an opportunity for intensive development consistent with the urban form;
• Encourage a mix of uses that fosters a sense of community and create a destination for residents and visitors alike.
This provision has been
moved to the Use Standards section.
Planning Board - December 2, 2021
ITEM: 1 - 3 - 1
2021-12 Planning Board Public Hearing
The district regulations include design elements intended to enhance the urban form, increase
neighborhood safety, through the adaptation of ncpc crime prevention through environmental design (CPTED) recommendations, and add flexibility for small lot development. Integrated mix of uses on development sites and within individual buildings is encouraged along the riverfront of the Cape Fear and Northeast Cape Fear Northeast Extension Rivers. RUMXZ zoning is intended to promote mixed-use developments on sites large enough to create a mix of uses in the current Industrial Zoned areas along the Riverfront of the Cape Fear and Northeast Cape Fear Northeast
Rivers between the Isabel Holmes Bridge and Thomas Rhodes Bridge and in accordance with the NHC Comprehensive Future Use Master Plan. Typically, these developments will include creative development and redevelopment solutions.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established in Article 4, Uses and Use Specific Standards. All RUMXZ projects shall include a mix of both residential and nonresidential uses.
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D. District Dimensional Standards
Standard All Uses
Minimum district size (acres) Maximum district size(acres) 5 10
Setbacks
Minimum distance from single family residential zoning districts 35 feet for buildings ≤ 35 feet in height 45 feet for buildings > 35 feet in height
1 Maximum distance from any street (feet) 10*
Maximum height** along arterial streets
(including structured parking) 240 feet by-right
Maximum height along residential & collector streets 240 feet
Maximum height along arterial & collector streets 240 feet
Maximum Hospitality dwelling density (dwelling units/acre) 50
Minimum multi-family residential density (dwelling units/acre) 50
Maximum vertically integrated mixed-use building density (dwelling and hospitality units/acre)*** 100 None
*Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement where an existing easement or significant natural feature exists. **Shall be measured from the average grade of the finished first floor to the highest point of the finished roof.
*** Hospitality units include units that may be used for either residential or Hotel/Motel purposes.
E. Reference to Other Standards
1. Utility and Equipment Screening
a. HVAC equipment, air conditioning window units, and other electrical equipment, and fire escapes shall not be located on facades with street frontage. All such equipment shall be placed in the interior yards or inset into the roof pitch, or behind a parapet wall in the case of a flat roof, of the building and screened from the right-of-way.
b. Utility meters, transformers, and fixed trash disposal receptacles that cannot be located out of sign shall be screened from the public right-of-way by plantings or opaque fencing.
c. The TRC may approve alterations to these standards in cases where they cannot be met due to design consideration of the structure and
the intent of visual minimization of the feature is otherwise addressed.
2. Site Lighting
All site lighting shall be located, angled, shielded, and/or limited in
intensity to cast no direct light upon adjacent properties, shall minimize off-site backlighting glare, and up-lighting. Light posts shall be no taller than 20 feet. The TRC may approve alterations to these standards in
cases where they cannot be met due to design consideration.
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3. Parking and Driveway Requirements
a. Parking shall be provided in accordance with the requirements of
Section 5.1: Parking and Loading, though shared parking may be allowed upon submittal of a parking study showing how parking as provided will be sufficient for permitted uses in accordance with
Section 5.1.3.
b. Surface parking shall be located to the side, rear or below buildings or in the interior of a block and shall be prohibited in front of buildings. Surface parking shall not be located along rights-of-way, except for alleys. The TRC may approve alterations to this standard in cases where locating parking to the side or rear is limited by existing site features, such as trees, or when this requirement is not consistent with the existing frontage pattern along the roadway.
c. Surface parking lots visible from the public right-of-way shall be screened by permanent walks, shrubbery, or hedges at least 3 feet in height. If hedges or shrubbery are used, they shall be at 3 feet in height at the time of planting and shall be maintained at 3-5 feet in height at all times.
d. Parking shall be accessed via alleyways wherever possible.
e. The design of all above-grade parking structures shall relate to the context of the area. Exterior walls of parking structures shall be designed with materials, colors, and architectural articulation in a
manner that provides a visual compatibility with adjacent buildings and environment. All above-grade parking structures shall be screened by shrubbery or hedges at 4’ to 6’ in height.
f. Pervious pavement materials, vegetated bio-infiltration parking lot islands, or infiltration systems shall be used to minimize pollutant run-off from surface parking areas to the extent that soil permeability, depth to groundwater, or site constraints allow.
4. Multi-Modal Transportation Opportunities
a. Pedestrian circulation shall be clearly defined with paving, materials, and/or landscaping and shall connect all uses. Sidewalks and crosswalks shall be provided within new developments as necessary.
b. Bicycle and/or pedestrian connectivity to adjacent development or existing or funded bicycle and pedestrian facilities.
c. Where no sidewalks currently exist, sidewalks shall be installed within the right-of-way between the property line and the back of the curb. Sidewalk width shall be a minimum of 6 feet along arterial streets and 5 feet along residential/collector streets and may be reduced on
internal private streets with TRC approval when context design constraints dictate or when project intensity and/or density indicate that 6 feet sidewalks will be sufficient to accommodate pedestrian traffic.
d. Sidewalks may be limited to a single side of rights-of-way or private streets or sidewalk width may be reduced when right-of-way or private
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2021-12 Planning Board Public Hearing
street abuts streams, ponds, or wetlands or when contextual design constraints dictate, as determined by the TRC.
e. An internal grid street pattern is required. Block faces within the grid pattern shall not exceed 400 feet in length. The grid pattern may be supplemented with alleys. The TRC may waive strict adherence to
the grid pattern when sites are constrained by topography, including wetlands, ponds, or other natural features, and where connections to arterial streets and connections and relationships to adjacent sites require flexibility.
f. A River Walk shall run in length a minimum of 90% of the river edge. The specific deign and route shall be developed in conjunction with the TRC, CAMA and USACE. The Riverwalk may combine raised and site surface areas to provide a tasteful unique overall design impact. River observation platforms shall be integrated throughout the walk as available but at a minimum a river platform shall be included at the start and end of each unconnected section of the Riverwalk. Wherever possible Riverwalk’s of independent properties shall be connected to provide s contiguous overall design concept.
5. Street Trees
Street tree plantings in below-grade planters or planting strips shall be included at the rate of one tree per 30 feet of frontage in all private rights-of-way and in public rights-of-way upon approval by NCDOT. The TRC
may waive strict adherence to this requirement if an alley is utilized along all or portions of the street frontage.
6. Buffers and Streetyards
All development within the RUMXZ district may be exempted from required buffers and streetyard requirements, as approved by the TRC when contextual design constraints dictate or when other design and/or landscaping features of the development serve to meet the needs of buffering and/or streetyard requirements. A minimum buffer of at least 20 feet in width is required adjacent to single-family residential zoning districts. Bufferyard and streetyard requirements will be established as
part of the Master Development Plan approval.
7. Trash Containment Screening
a. Trash containment areas shall be located within a building where possible.
b. If trash containment, including areas for holding recycling, cannot be accommodated within a building, it shall be placed on the rear or side of the building and shall be completely enclosed and screened from
view of public rights-of-way with an opaque fence or wall and/or plant materials, as approved by the TRC. The enclosure shall be at least one foot taller than the highest point of the trash receptacle. Chain
link and exposed concrete blocks are prohibited.
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2021-12 Planning Board Public Hearing
8. Fences and Walls
Open wire fencing, including chain link, hurricane fencing, and barbed
wire, is prohibited. No Fencing shall be permitted in front yards, all other fence heights may not exceed 4 feet.
9. Building Design
It is the intent that a commonality of exterior design for all sites within the scope of the RUMXZ and its adjacent lands be complementary in design philosophy to develop a unified vista or skyline.
a. Primary building entrances should be clearly distinctive from other entrances. Primary building entrances shall be oriented toward sidewalks along primary street frontages.
b. Large expanses of flat, unadorned walls are prohibited. Façades shall incorporate architectural details, particularly at the pedestrian level. Building façades along rights-of-way shall incorporate periodic transitions across the façade. Building façades exceeding 30 feet in width along rights-of-way shall be divided into distinct areas utilizing
methods including, but not limited to, façade offsets, pilasters, changes in materials, or fenestration.
c. New buildings shall front onto sidewalks to reinforce pedestrian activity along streets and pedestrian ways. Exterior burglar bars, fixed “riot shutters,” or similar security devices shall not be visible from the public right-of-way or riverwalk.
d. Exterior building materials for all new nonresidential or multifamily structures shall be of quality finish materials. Structural metal panels or unparged or non-architectural, non-decorative concrete block shall
be prohibited on façades visible from the public right-of-way or
riverwalk. Finish materials shall include: Smooth exterior reflective energy rated glass rain screen systems: complementary metal cross braces or mullions, all non-porous products shall be energy rated. All exterior finish material must communicate the design philosophy of energy efficiency in a clean and modern compliment to the basic main building design. All fit and finish is to be compatible with energy star design standards. Colors are allowed but limited to those which
compliment the basic main building skins.
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2021-12 Planning Board Public Hearing
10. Site Resiliency and Protection of Environmental Resources
a. A living shoreline, as defined by the US Army Corps of Engineers shall be established along all river frontages, excepting areas approved for portage for a river taxi/ferry purpose.
b. Features of site and/or structure resiliency in addition to what is otherwise required to meet the minimum standards of this UDO and other County, state, and federal regulations shall be identified in the Terms & Conditions document and/or the MPD Master Development Plan.
11. Compensating Community Benefits
Other compensating community benefits shall be identified in the Terms & Conditions document and/or the MPD Master Plan. These benefits shall be in addition to what is otherwise required to meet the minimum standards of this UDO and other County, state, and federal regulations. They may include, but are not limited to improved site design, natural preservation, dedication of land or facilities, and green building practices.
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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2021-12 Planning Board Public Hearing
Principal Use
RUM
X
Z
Re
f
er
e
n
c
e
Agricultural and Forestry Uses, General [11-16-2020] P
Livestock Sales
Stable [11-16-2020] 4.3.1
Wholesale Nursery
Dwelling, Dual-Unit Attached P 4.3.2
Dwelling, Multi-Family [05-03-2021] P* 4.3.2
Dwelling, Quadraplex P 4.3.2
Dwelling, Single-Family Detached P 4.3.2
Dwelling, Triplex P 4.3.2
Dwelling, Row-Style P 4.3.2
Dwelling, Two-Family (Duplex) P 4.3.2
Live/Work or Caretaker Unit P 4.3.2
Mobile Home 4.3.2
Mobile Home, Doublewide 4.3.2
Mobile Home Park 4.3.2
Mobile Home Subdivision
Senior Living: Independent Living Retirement Community [11-16-2020] P
Family Care Home P 4.3.2
Fraternity/Sorority Residence 4.3.2
Group Home 4.3.2
Senior Living: Assisted Living Facility [11-16-2020] P 4.3.2
Senior Living: Continuing Care Retirement Community
[11-16-2020] P 4.3.2
Adult Day Care P 4.3.3
Child Care Center P
Family Child Care Home P 4.3.3
Animal Shelter [11-16-2020] 4.3.3
Community Center [11-16-2020] P
Food Pantry [11-16-2020] 4.3.3
Library P
Lodges, Fraternal, & Social Organizations [11-16-2020] P 4.3.3
Museum P
Religious Assembly [11-16-2020] P 4.3.3
Amateur Radio Antennas (up to 90 ft.) P* 4.3.3
Antenna & Towers less than 70 ft. in P* 4.3.3
Principal Use
RUM
X
Z
Re
f
er
e
n
c
e
Height & Ancillary to the Principal Use
Collocation, Wireless [09-08-2020] P 4.3.3
Non-Substantial Modification [09-08-2020] P 4.3.3
Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications [09-08-2020] S 4.3.3
Colleges, Universities, and Professional Schools
Elementary and Secondary Schools
Vocation or Trade School
Emergency Services Facility
[11-16-2020]
Government Offices and Buildings
Post Office [11-16-2020] P
Hospice [11-16-2020]
Hospital
4.3.3
Medical and Dental Office and Clinic P
Nursing and Rehabilitation Center P 4.3.3
Urgent Care Facility [11-16-2020] P* 4.3.3
Boating Facility, Community S* 4.3.3
Boating Facility, Private Residential P* 4.3.3
Cemetery 4.3.3
Community Garden [11-16-2020] P
Golf Course
Park and Recreation Area P
Airport and Terminal
Bus and Taxi Terminal [11-16-2020] P
Heliport P
Marina, Commercial P 4.3.3
Marina, Commercial with Floating Structures [11-16-2020] P* 4.3.3
Railroad Freight Depot
Railroad Passenger Terminal
Water Transportation Facilities P
Electric Substation P 4.3.3
Solar Energy Collection Facility
Utility Lines, Structures, and/or Facilities; General P* 4.3.3
Adult Entertainment Establishment 4.3.4
Bar/Nightclub P
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Principal Use
RUM
X
Z
Re
f
er
e
n
c
e
Electronic Gaming Operation 4.3.4
Event Center [11-16-2020] P 4.3.4
Indoor Recreation Establishment P 4.3.4
Outdoor Recreation Establishment P 4.3.4
Outdoor Shooting Range 4.3.4
Animal Grooming Service
[11-16-2020] P 4.3.4
Equestrian Facility [11-16-2020] 4.3.4
Kennel [11-16-2020] P 4.3.4
Veterinary Service [11-16-2020] P
Bank and/or Financial Institution P
Business Service Center P
Commercial Parking Lot or Facility P
Funeral Services
Mini-Warehouse/Self-Storage
Off-Premises Advertising 4.3.4
Repair Shop P
Commercial Kitchen, Catering
[11-16-2020]
Microbrewery/Microdistillery
[11-16-2020] P
Restaurant P
Bed and Breakfast Inn 4.3.4
Campground/Recreational Vehicle (RV) Park 4.3.4
Hotel or Motel P
Contractor Office 4.3.4
Labor Organization
Offices for Private Business and Professional Activities P
Dry Cleaning/Laundry Plant
Instructional Services and Studios [11-16-2020] P
Personal Services, General P
Auction House [11-16-2020]
Convenience Store [11-16-2020] P 4.3.4
Food Market P
Grocery Store P
Oil or Gas Dealer, Retail [11-16-2020]
Pharmacy P
Retail Nursery
Retail Sales, Building and Construction
Principal Use
RUM
X
Z
Re
f
er
e
n
c
e
Supplies
Retail Sales, General P
Boat Dealer
Car Wash 4.3.4
Equipment Rental and Leasing
Farm Implement Sales
Fuel Sales 4.3.4
Mobile Home and Prefab Building Sales
Transportation Vehicle Service and Storage Facility [11-16-2020]
Vehicle Rentals S 4.3.4
Vehicle Sales
Vehicle Service Station, Large Vehicles
Vehicle Service Station, Minor
[11-16-2020] 4.3.4
Vehicle Service Station, Major
Vehicle Towing Service and Storage Yard 4.3.4
Broadcasting and Production Studio P
Data Center [11-16-2020]
Research and Development Facility
Artisan Manufacturing
[11-16-2020] 4.3.5
Animal Food Manufacturing (NAICS 3111)
Bakeries and Tortilla Manufacturing (NAICS 3118)
Dairy Product Manufacturing (NAICS 3115)
Fruit and Vegetable Preserving and Specialty Food Manufacturing (NAICS 3114)
Grain and Oilseed Manufacturing (NAICS 3112)
Other Food Manufacturing (NAICS 3119)
Seafood Product Preparation and Packaging (NAICS 3117)
Sugar and Confectionary Product Manufacturing (NAICS 3113)
Beverage Manufacturing (NAICS 3121)
Tobacco Manufacturing (NAICS 3122)
Planning Board - December 2, 2021
ITEM: 1 - 3 - 9
2021-12 Planning Board Public Hearing
Principal Use
RUM
X
Z
Re
f
er
e
n
c
e
Fabric Mills (NAICS 3132)
Fiber, Yarn, and Thread Mills (NAICS 3131)
Textile and Fabric Finishing and Fabric Coating Mills (NAICS 3133)
Other Textile Product Mills (NAICS 3149)
Textile Furnishings Mill (NAICS 3141)
Apparel Accessories and Other Apparel Manufacturing (NAICS 3159)
Apparel Knitting Mills (NAICS 3151)
Cut and Sew Apparel Manufacturing (NAICS 3152)
Footwear Manufacturing (NAICS 3162)
Leather and Hide Tanning and Finishing (NAICS 3161)
Other Leather and Allied Product Manufacturing (NAICS 3169)
Other Wood Product Manufacturing (NAICS 3219)
Sawmills and Wood Preservation (NAICS 3211)
Veneer, Plywood, and Engineered Wood Product Manufacturing (NAICS 3212)
Converted Paper Product Manufacturing (NAICS 3222)
Printing and Related Support Activities (NAICS 3231)
Basic Chemical Manufacturing (NAICS 3251)
Other Chemical Product and Preparation (NAICS 3259) [Except Explosives Manufacturing (NAICS 325920) and All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998)]
Paint, Coating, and Adhesive Manufacturing (NAICS 3255)
Pharmaceutical and Medicine Manufacturing (NAICS 3254)
Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing (NAICS 3252)
Principal Use
RUM
X
Z
Re
f
er
e
n
c
e
Soap, Cleaning Compound, and Toilet Preparation Manufacturing (NAICS 3256)
Plastics Product Manufacturing (NAICS 3261)
Rubber Product Manufacturing (NAICS 3262)
Cement and Concrete Product Manufacturing (NAICS 3273) [Except Cement Manufacturing (NAICS 32731)]
Clay Product and Refractory Manufacturing (NAICS 3271)
Glass and Glass Product Manufacturing (NAICS 3272)
Other Nonmetallic Mineral Product Manufacturing (NAICS 3279)
Alumina and Aluminum Production and Processing (NAICS 3313) [Except Alumina Refining and Primary Aluminum Production (NAICS 331313) and Secondary Smelting and Allowing of Aluminum (NAICS 331314)]
Iron and Steel Mills and Ferroalloy Manufacturing (NAICS 3311)
Nonferrous Metal (except Aluminum) Production & Processing (NAICS 3314)
Steel Product Manufacturing from Purchased Steel (NAICS 3312)
Architectural and Structural Metals Manufacturing (NAICS 3323)
Boiler, Tank, and Shipping Container Manufacturing (NAICS 3324)
Coating, Engraving, Heat Treating, and Allied Activities (NAICS 3328)
Cutlery and Handtool Manufacturing (NAICS 3322)
Forging and Stamping (NAICS 3321)
Hardware Manufacturing (NAICS 3325)
Machine Shops: Turned Product; and Screw, Nut, and Bolt Manufacturing (NAICS 3327)
Other Fabricated Metal Product Manufacturing (NAICS 3329)
Spring and Wire Product Manufacturing
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2021-12 Planning Board Public Hearing
Principal Use
RUM
X
Z
Re
f
er
e
n
c
e
(NAICS 3326)
Agriculture, Construction, and Mining Machinery Manufacturing (NAICS 3331)
Commercial and Service Industry Machinery Manufacturing (NAICS 3333)
Engine, Turbine, and Power Transmission Equipment Manufacturing (NAICS 3336)
Industrial Machinery Manufacturing (NAICS 3332)
Metalworking Machinery Manufacturing (NAICS 3335)
Other General Purpose Machinery Manufacturing (NAICS 3339)
Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing (NAICS 3334)
Audio and Video Equipment Manufacturing (NAICS 3343)
Communications Equipment Manufacturing (NAICS 3342)
Computer and Peripheral Equipment Manufacturing (NAICS 3341)
Navigational, Measuring, Electromedical, and Control Instruments Manufacturing (NAICS 3345)
Manufacturing and Reproducing Magnetic and Optical Media (NAICS 3346)
Semiconductor and Other Electronic Component Manufacturing (NAICS 3344)
Electrical Equipment Manufacturing (NAICS 3353)
Electric Lighting Equipment Manufacturing (NAICS 3351)
Household Appliance Manufacturing (NAICS 3352)
Other Electrical Equipment and Component Manufacturing (NAICS 3359)
Aerospace Product and Parts
Principal Use
RUM
X
Z
Re
f
er
e
n
c
e
Manufacturing (NAICS 3364)
Motor Vehicle Body and Trailer Manufacturing (NAICS 3362)
Motor Vehicle Manufacturing (NAICS 3361)
Motor Vehicle Parts Manufacturing (NAICS 3363)
Other Transportation Equipment Manufacturing (NAICS 3369)
Railroad Rolling Stock Manufacturing (NAICS 3365)
Ship and Boat Building (NAICS 3366)
Household and Institutional Furniture and Kitchen Cabinet Manufacturing (NAICS 3371)
Office Furniture (including Fixtures) Manufacturing (NAICS 3372)
Other Furniture Related Product Manufacturing (NAICS 3379)
Medical Equipment and Supplies Manufacturing (NAICS 3391)
Other Miscellaneous Manufacturing (NAICS 3399)
All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998)
Alumina Refining and Primary Aluminum Production (NAICS 331313)
Animal Slaughtering and Processing (NAICS 3116)
Cement Manufacturing (NAICS 32731)
Explosives Manufacturing (NAICS 325920)
Foundries (NAICS 3315)
Lime and Gypsum Product Manufacturing (NAICS 3274)
Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing (NAICS 3253)
Petroleum and Coal Products Manufacturing (NAICS 3241)
Pulp, Paper, and Paperboard Mills (NAICS 3221)
Planning Board - December 2, 2021
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2021-12 Planning Board Public Hearing
Principal Use
RUM
X
Z
Re
f
er
e
n
c
e
Secondary Smelting and Alloying of Aluminum (NAICS 331314)
Electricity Generating Facilities
Fuel Bulk Storage Facilities
Mining & Quarrying, High Intensity 4.3.5
Mining & Quarrying, Low Intensity 4.3.5
Sanitary Landfill (NAICS 562212) 4.3.5
Dry Stack Boat Storage Facility, Stand-Alone
Motor Freight Transportation Warehousing
Recreational Vehicle and Boat Trailer Storage Lot [11-16-2020] 4.3.5
Warehousing [11-16-2020] 4.3.5
Wholesaling 4.3.5
Wholesaling Seafood with Water Frontage [11-16-2020]
Commercial Recycling Facility, Large Collection [11-16-2020] 4.3.5
Commercial Recycling Facility, Processing [11-16-2020] 4.3.5
Commercial Recycling Facility, Processing and Collection
[11-16-2020] 4.3.5
Commercial Recycling Facility, Small Collection [11-16-2020] 4.3.5
Landfill, Demolition 4.3.5
Landfill, Landscape 4.3.5
Junk Yards, Scrap Processing 4.3.5
Septage, Sludge Disposal 4.3.5
Planning Board - December 2, 2021
ITEM: 1 - 3 - 12
Planning Board - December 2, 2021
ITEM: 1 - 3 - 13
2021-12 Planning Board Public Hearing
Accessory Use
RUM
X
Z
Accessory Dwelling Unit P
Accessory Structure P
Accessory Use, Customary P
Dry Stack Boat Storage Facility, at a Marina P
Electronic Gaming Operation
Electric Vehicle Charging Station [11-16-2020] P
Farm Stand P
Home Occupation [11-16-2020]
Residential Private Pier
Solar Energy Collection Facility, Accessory
[11-16-2020]
RV or Travel Trailer Dwelling [09-08-2020]
Small Watercraft Storage [09-08-2020]
Stormwater Facilities on Contiguous Properties P
Wind Energy Collection Facility, Accessory
[11-16-2020]
Temporary Use
RUMX
Z
Circuses, Carnivals, and Fairs P
Construction Office P
Debris Site [11-16-2020] P
Farmers’ Market
Seasonal Sales
Special Fundraising for Non-profit Organizations P
Temporary Emergency Services Facility [11-16-2020] P
Temporary Family Healthcare Structure
[11-16-2020] P
Temporary Real Estate Office/Model P
Temporary Relocation Housing P
Travel Trailers
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ITEM: 1 - 3 - 14
APPLICANT
MATERIALS
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ITEM: 1 - 5 - 1
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Planning Board - December 2, 2021
ITEM: 1 - 5 - 4
3.3.4 RIVERFRONT URBAN MIXED-USE ZONING (UMXZ)
A. Purpose
The Riverfront Urban Mixed-Use Zoning (RUMXZ) District is established to meet the following
seven primary objectives in the areas of New Hanover County fronting the Cape Fear River or
Cape Fear River Northeast extension in the proximity of the City of Wilmington and those intended
for urban or community scale mixed use development:
• Enhance and preserve environmentally sensitive areas along the river; to encourage the efficient
mixed use development pattern envisioned in the Comprehensive Plan fronting the Cape Fear or
Cape Fear Northeast Extension. The zone shall require that all river frontage be of a “living
shoreline” as defined by the USACE, exception will only be allowed when approved for portage for
a “river taxi/ferry” service.
• Protect public access to the river through the creation of quality public spaces.
• Preserve cultural and natural resources.
• Ensure quality design and a variety of built forms that result in a pedestrian scale that allows
vistas to the east, City of Wilmington, and west from developed pedestrian walkways, bicycle
paths, and Riverwalk. The zone must provide as a compelling skyline.
• Promote and enhance transit options, particularly pedestrian and water-oriented
transportation options.
• Provide an opportunity for intensive development consistent with the urban form;
• Encourage a mix of uses that fosters a sense of community and create a
destination for residents and visitors alike.
The district regulations include design elements intended to enhance the urban form, increase
neighborhood safety, through the adaptation ncpc recommendations, and add flexibility for small lot
development. Integrated mix of uses on development sites and within individual buildings is
encouraged along the riverfront of the Cape Fear and Cape Fear Northeast Extension Rivers.
RUMXZ zoning is intended to promote mixed-use developments on sites large enough to create a
mix of uses in the current Industrial Zoned areas along the Riverfront of the Cape Fear and Cape
Fear Northeast Rivers in accordance with the NHC Future Use Master Plan. Typically, these
developments will include creative development and redevelopment solutions.
Planning Board - December 2, 2021
ITEM: 1 - 6 - 1
B. Concepts
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ITEM: 1 - 6 - 2
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ITEM: 1 - 6 - 3
Planning Board - December 2, 2021
ITEM: 1 - 6 - 4
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4, Uses and Use Specific Standards. All RUMXZ projects shall include a mix of both
residential and nonresidential uses.
Planning Board - December 2, 2021
ITEM: 1 - 6 - 5
D. District Dimensional Standards
Standard All Uses
Minimum district size (acres)
Maximum district size(acres)
5
10
Setbacks
Minimum distance from single family
residential zoning districts
35 feet for buildings ≤ 35 feet in height
45 feet for buildings > 35 feet in height
1 Maximum distance from any street
(feet) 10*
Maximum height along arterial streets 240 feet by-right
Maximum height along residential &
collector streets 240 feet
Maximum height along arterial &
collector streets 240 feet
Maximum Hospitality dwelling density
(dwelling units/acre) 50
Minimum multi-family residential
density (dwelling units/acre) 50
Maximum vertically integrated mixed-
use building density (dwelling/
hospitality units/acre)
100
*Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement
where an existing easement or significant natural feature exists.
New Diagrams to be added here.
Planning Board - December 2, 2021
ITEM: 1 - 6 - 6
E. Reference to Other Standards
1. Utility and Equipment Screening
a. HVAC equipment, air conditioning window units, and other electrical
equipment, and fire escapes shall not be located on facades with
street frontage. All such equipment shall be placed in the interior
yards or inset into the roof pitch, or behind a parapet wall in the case
of a flat roof, of the building and screened from the right-of-way.
b. Utility meters, transformers, and fixed trash disposal receptacles that
cannot be located out of sign shall be screened from the public right-
of-way by plantings or opaque fencing.
c. The TRC may approve alterations to these standards in cases where
they cannot be met due to design consideration of the structure and
the intent of visual minimization of the feature is otherwise addressed.
2. Site Lighting
All site lighting shall be located, angled, shielded, and/or limited in
intensity to cast no direct light upon adjacent properties, shall minimize
off-site backlighting glare, and up-lighting. Light posts shall be no taller
than 20 feet. The TRC may approve alterations to these standards in
cases where they cannot be met due to design consideration.
3. Parking and Driveway Requirements
a. Parking shall be provided in accordance with the requirements of
Section 5.1: Parking and Loading, though shared parking may be
allowed upon submittal of a parking study showing how parking as
provided will be sufficient for permitted uses.
b. Surface parking shall be located to the side, rear or below buildings or
in the interior of a block and shall be prohibited in front of buildings.
Surface parking shall not be located along rights-of-way, except for
alleys. The TRC may approve alterations to this standard in cases
where locating parking to the side or rear is limited by existing site
features, such as trees, or when this requirement is not consistent
with the existing frontage pattern along the roadway.
c. Surface parking lots visible from the public right-of-way shall be
screened by permanent walks, shrubbery, or hedges at least 3 feet in
height. If hedges or shrubbery are used, they shall be at 3 feet in
height at the time of planting and shall be maintained at 3-5 feet in
height at all times.
d. Parking shall be accessed via alleyways wherever possible.
e. The design of all above-grade parking structures shall relate to the
context of the area. Exterior walls of parking structures shall be
designed with materials, colors, and architectural articulation in a
manner that provides a visual compatibility with adjacent buildings
and environment. All above-grade parking structures shall be
screened by shrubbery or hedges at 4’ to 6’ in height.
Planning Board - December 2, 2021
ITEM: 1 - 6 - 7
f. Pervious pavement materials, vegetated bio-infiltration parking lot
islands, or infiltration systems shall be used to minimize pollutant run-
off from surface parking areas to the extent that soil permeability,
depth to groundwater, or site constraints allow.
4. Multi-Modal Transportation Opportunities
a. Pedestrian circulation shall be clearly defined with paving, materials,
and/or landscaping and shall connect all uses. Sidewalks and
crosswalks shall be provided within new developments as necessary.
b. Bicycle and/or pedestrian connectivity to adjacent development or
existing or funded bicycle and pedestrian facilities.
c. Where no sidewalks currently exist, sidewalks shall be installed within
the right-of-way between the property line and the back of the curb.
Sidewalk width shall be a minimum of 6 feet along arterial streets and
5 feet along residential/collector streets and may be reduced on
internal private streets with TRC approval when context design
constraints dictate or when project intensity and/or density indicate
that 6 feet sidewalks will be sufficient to accommodate pedestrian
traffic.
d. Sidewalks may be limited to a single side of rights-of-way or private
streets or sidewalk width may be reduced when right-of-way or private
street abuts streams, ponds, or wetlands or when contextual design
constraints dictate, as determined by the TRC.
e. An internal grid street pattern is required. Block faces within the grid
pattern shall not exceed 400 feet in length. The grid pattern may be
supplemented with alleys. The TRC may waive strict adherence to
the grid pattern when sites are constrained by topography, including
wetlands, ponds, or other natural features, and where connections to
arterial streets and connections and relationships to adjacent sites
require flexibility.
f. A River Walk shall run in length a minimum of 90% of the river edge.
The specific deign and route shall be developed in conjunction with
the TRC, CAMA and USACE. The Riverwalk may combine raised and
site surface areas to provide a tasteful unique overall design impact.
River observation platforms shall be integrated throughout the walk as
available but at a minimum a river platform shall be included at the
start and end of each unconnected section of the Riverwalk.
Wherever possible Riverwalk’s of independent properties shall be
connected to provide s contiguous overall design concept.
5. Street Trees
Street tree plantings in below-grade planters or planting strips shall be
included at the rate of one tree per 30 feet of frontage in all private rights-
of-way and in public rights-of-way upon approval by NCDOT. The TRC
may waive strict adherence to this requirement if an alley is utilized along
all or portions of the street frontage.
Planning Board - December 2, 2021
ITEM: 1 - 6 - 8
6. Buffers and Streetyards
All development within the RUMXZ district may be exempted from
required buffers and streetyard requirements, as approved by the TRC
when contextual design constraints dictate or when other design and/or
landscaping features of the development serve to meet the needs of
buffering and/or streetyard requirements. A minimum buffer of at least 20
feet in width is required adjacent to single-family residential zoning
districts.
7. Trash Containment Screening
a. Trash containment areas shall be located within a building where
possible.
b. If trash containment, including areas for holding recycling, cannot be
accommodated within a building, it shall be placed on the rear or side
of the building and shall be completely enclosed and screened from
view of public rights-of-way with an opaque fence or wall and/or plant
materials, as approved by the TRC. The enclosure shall be at least
one foot taller than the highest point of the trash receptacle. Chain
link and exposed concrete blocks are prohibited.
8. Fences and Walls
Open wire fencing, including chain link, hurricane fencing, and barbed
wire, is prohibited. No Fencing shall be permitted in front yards, all other
fence heights may not exceed 4 feet.
9. Building Design
It is the intent that a commonality of exterior design for all sites within the
scope of the RUMXZ and its adjacent lands be complementary in design
philosophy to develop a unified vista or skyline.
a. Primary building entrances should be clearly distinctive from other
entrances. Primary building entrances shall be oriented toward
sidewalks along primary street frontages.
b. Large expanses of flat, unadorned walls are prohibited. Façades shall
incorporate architectural details, particularly at the pedestrian level.
Building façades along rights-of-way shall incorporate periodic
transitions across the façade. Building façades exceeding 30 feet in
width along rights-of-way shall be divided into distinct areas utilizing
methods including, but not limited to, façade offsets, pilasters,
changes in materials, or fenestration.
c. New buildings shall front onto sidewalks to reinforce pedestrian
activity along streets and pedestrian ways. Exterior burglar bars, fixed
“riot shutters,” or similar security devices shall not be visible from the
public right-of-way.
d. Exterior building materials for all new nonresidential or multifamily
structures shall be of quality finish materials. Structural metal panels
or unparged or non-architectural, non-decorative concrete block shall
be prohibited on façades visible from the public right-of-way. Finish
Planning Board - December 2, 2021
ITEM: 1 - 6 - 9
materials shall include: Smooth exterior reflective energy rated glass
rain screen systems: complementary metal cross braces or mullions,
all non-porous products shall be energy rated. All exterior finish
material must communicate the design philosophy of energy efficiency
in a clean and modern compliment to the basic main building design.
All fit and finish is to be compatible with energy star design standards.
Colors are allowed but limited to those which compliment the basic
main building skins.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
Planning Board - December 2, 2021
ITEM: 1 - 6 - 10
Planning Board - December 2, 2021
ITEM: 1 - 6 - 11
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
Agricultural and Forestry Uses, General [11-
16-2020]
Livestock Sales
Stable [11-16-2020] 4.3.1
Wholesale Nursery
Dwelling, Dual-Unit Attached P 4.3.2
Dwelling, Multi-Family [05-03-2021] P* 4.3.2
Dwelling, Quadraplex P 4.3.2
Dwelling, Single-Family Detached P 4.3.2
Dwelling, Triplex P 4.3.2
Dwelling, Row-Style P 4.3.2
Dwelling, Two-Family (Duplex) P 4.3.2
Live/Work or Caretaker Unit P* 4.3.2
Mobile Home 4.3.2
Mobile Home, Doublewide 4.3.2
Mobile Home Park 4.3.2
Mobile Home Subdivision
Senior Living: Independent Living
Retirement Community [11-16-2020] P
Family Care Home 4.3.2
Fraternity/Sorority Residence 4.3.2
Group Home 4.3.2
Senior Living: Assisted Living Facility [11-16-
2020] P 4.3.2
Senior Living: Continuing Care Retirement
Community
[11-16-2020]
P 4.3.2
Adult Day Care P 4.3.3
Child Care Center P
Family Child Care Home 4.3.3
Animal Shelter [11-16-2020] 4.3.3
Community Center [11-16-2020] P
Food Pantry [11-16-2020] 4.3.3
Library P
Lodges, Fraternal, & Social Organizations
[11-16-2020] P 4.3.3
Museum P
Religious Assembly [11-16-2020] P 4.3.3
Amateur Radio Antennas (up to 90 ft.)
4.3.3
Antenna & Towers less than 70 ft. in Height
& Ancillary to the Principal Use P* 4.3.3
Collocation, Wireless [09-08-2020] 4.3.3
Non-Substantial Modification [09-08-2020] 4.3.3
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
Other Wireless Communication Facilities
including Wireless Support Structures &
Substantial Modifications [09-08-2020]
4.3.3
Colleges, Universities, and Professional
Schools
Elementary and Secondary Schools
Vocation or Trade School
Emergency Services Facility
[11-16-2020]
Government Offices and Buildings
Post Office [11-16-2020] P
Hospice [11-16-2020]
Hospital
4.3.3
Medical and Dental Office and Clinic P
Nursing and Rehabilitation Center P 4.3.3
Urgent Care Facility [11-16-2020] P* 4.3.3
Boating Facility, Community S* 4.3.3
Boating Facility, Private Residential P* 4.3.3
Cemetery 4.3.3
Community Garden [11-16-2020] P
Golf Course
Park and Recreation Area P
Airport and Terminal
Bus and Taxi Terminal [11-16-2020] P
Heliport P
Marina, Commercial P 4.3.3
Marina, Commercial with Floating
Structures [11-16-2020]
Pb
e 4.3.3
Railroad Freight Depot
Railroad Passenger Terminal
Water Transportation Facilities P
Electric Substation P 4.3.3
Solar Energy Collection Facility
Utility Lines, Structures, and/or Facilities;
General P* 4.3.3
Adult Entertainment Establishment 4.3.4
Bar/Nightclub P
Electronic Gaming Operation 4.3.4
Event Center [11-16-2020] P 4.3.4
Indoor Recreation Establishment P 4.3.4
Outdoor Recreation Establishment P 4.3.4
Outdoor Shooting Range 4.3.4
Animal Grooming Service P 4.3.4
Planning Board - December 2, 2021
ITEM: 1 - 6 - 12
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
[11-16-2020]
Equestrian Facility [11-16-2020] 4.3.4
Kennel [11-16-2020] P 4.3.4
Veterinary Service [11-16-2020] P
Bank and/or Financial Institution P
Business Service Center P
Commercial Parking Lot or Facility P
Funeral Services
Mini-Warehouse/Self-Storage
Off-Premises Advertising 4.3.4
Repair Shop P
Commercial Kitchen, Catering
[11-16-2020]
Microbrewery/Microdistillery
[11-16-2020] P
Restaurant P
Bed and Breakfast Inn 4.3.4
Campground/Recreational Vehicle (RV) Park 4.3.4
Hotel or Motel P
Contractor Office 4.3.4
Labor Organization
Offices for Private Business and Professional
Activities P
Dry Cleaning/Laundry Plant
Instructional Services and Studios [11-16-2020] P
Personal Services, General P
Auction House [11-16-2020]
Convenience Store [11-16-2020] P 4.3.4
Food Market P
Grocery Store P
Oil or Gas Dealer, Retail [11-16-2020]
Pharmacy P
Retail Nursery
Retail Sales, Building and Construction
Supplies
Retail Sales, General P
Boat Dealer
Car Wash 4.3.4
Equipment Rental and Leasing
Farm Implement Sales
Fuel Sales 4.3.4
Mobile Home and Prefab Building Sales
Transportation Vehicle Service and Storage
Facility [11-16-2020]
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
Vehicle Rentals S 4.3.4
Vehicle Sales
Vehicle Service Station, Large Vehicles
Vehicle Service Station, Minor
[11-16-2020] 4.3.4
Vehicle Service Station, Major
Vehicle Towing Service and Storage Yard 4.3.4
Broadcasting and Production Studio P
Data Center [11-16-2020]
Research and Development Facility
Artisan Manufacturing
[11-16-2020] 4.3.5
Animal Food Manufacturing (NAICS 3111)
Bakeries and Tortilla Manufacturing (NAICS
3118)
Dairy Product Manufacturing (NAICS 3115)
Fruit and Vegetable Preserving and
Specialty Food Manufacturing (NAICS 3114)
Grain and Oilseed Manufacturing (NAICS
3112)
Other Food Manufacturing (NAICS 3119)
Seafood Product Preparation and Packaging
(NAICS 3117)
Sugar and Confectionary Product
Manufacturing (NAICS 3113)
Beverage Manufacturing (NAICS 3121)
Tobacco Manufacturing (NAICS 3122)
Fabric Mills (NAICS 3132)
Fiber, Yarn, and Thread Mills (NAICS 3131)
Textile and Fabric Finishing and Fabric
Coating Mills (NAICS 3133)
Other Textile Product Mills (NAICS 3149)
Textile Furnishings Mill (NAICS 3141)
Apparel Accessories and Other Apparel
Manufacturing (NAICS 3159)
Apparel Knitting Mills (NAICS 3151)
Cut and Sew Apparel Manufacturing (NAICS
3152)
Footwear Manufacturing (NAICS 3162)
Leather and Hide Tanning and Finishing
(NAICS 3161)
Other Leather and Allied Product
Manufacturing (NAICS 3169)
Planning Board - December 2, 2021
ITEM: 1 - 6 - 13
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
Other Wood Product Manufacturing (NAICS
3219)
Sawmills and Wood Preservation (NAICS
3211)
Veneer, Plywood, and Engineered Wood
Product Manufacturing (NAICS 3212)
Converted Paper Product Manufacturing
(NAICS 3222)
Printing and Related Support Activities
(NAICS 3231)
Basic Chemical Manufacturing (NAICS 3251)
Other Chemical Product and Preparation
(NAICS 3259) [Except Explosives
Manufacturing (NAICS 325920) and All
Other Miscellaneous Chemical Product and
Preparation Manufacturing (NAICS 325998)]
Paint, Coating, and Adhesive Manufacturing
(NAICS 3255)
Pharmaceutical and Medicine
Manufacturing (NAICS 3254)
Resin, Synthetic Rubber, and Artificial
Synthetic Fibers and Filaments
Manufacturing (NAICS 3252)
Soap, Cleaning Compound, and Toilet
Preparation Manufacturing (NAICS 3256)
Plastics Product Manufacturing (NAICS
3261)
Rubber Product Manufacturing (NAICS
3262)
Cement and Concrete Product
Manufacturing (NAICS 3273) [Except
Cement Manufacturing (NAICS 32731)]
Clay Product and Refractory Manufacturing
(NAICS 3271)
Glass and Glass Product Manufacturing
(NAICS 3272)
Other Nonmetallic Mineral Product
Manufacturing (NAICS 3279)
Alumina and Aluminum Production and
Processing (NAICS 3313) [Except Alumina
Refining and Primary Aluminum Production
(NAICS 331313) and Secondary Smelting and
Allowing of Aluminum (NAICS 331314)]
Iron and Steel Mills and Ferroalloy
Manufacturing (NAICS 3311)
Nonferrous Metal (except Aluminum)
Production & Processing (NAICS 3314)
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
Steel Product Manufacturing from
Purchased Steel (NAICS 3312)
Architectural and Structural Metals
Manufacturing (NAICS 3323)
Boiler, Tank, and Shipping Container
Manufacturing (NAICS 3324)
Coating, Engraving, Heat Treating, and
Allied Activities (NAICS 3328)
Cutlery and Handtool Manufacturing (NAICS
3322)
Forging and Stamping (NAICS 3321)
Hardware Manufacturing (NAICS 3325)
Machine Shops: Turned Product; and Screw,
Nut, and Bolt Manufacturing (NAICS 3327)
Other Fabricated Metal Product
Manufacturing (NAICS 3329)
Spring and Wire Product Manufacturing
(NAICS 3326)
Agriculture, Construction, and Mining
Machinery Manufacturing (NAICS 3331)
Commercial and Service Industry Machinery
Manufacturing (NAICS 3333)
Engine, Turbine, and Power Transmission
Equipment Manufacturing (NAICS 3336)
Industrial Machinery Manufacturing (NAICS
3332)
Metalworking Machinery Manufacturing
(NAICS 3335)
Other General Purpose Machinery
Manufacturing (NAICS 3339)
Ventilation, Heating, Air-Conditioning, and
Commercial Refrigeration Equipment
Manufacturing (NAICS 3334)
Audio and Video Equipment Manufacturing
(NAICS 3343)
Communications Equipment Manufacturing
(NAICS 3342)
Computer and Peripheral Equipment
Manufacturing (NAICS 3341)
Navigational, Measuring, Electromedical,
and Control Instruments Manufacturing
(NAICS 3345)
Manufacturing and Reproducing Magnetic
and Optical Media (NAICS 3346)
Semiconductor and Other Electronic
Component Manufacturing (NAICS 3344)
Electrical Equipment Manufacturing (NAICS
Planning Board - December 2, 2021
ITEM: 1 - 6 - 14
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
3353)
Electric Lighting Equipment Manufacturing
(NAICS 3351)
Household Appliance Manufacturing (NAICS
3352)
Other Electrical Equipment and Component
Manufacturing (NAICS 3359)
Aerospace Product and Parts Manufacturing
(NAICS 3364)
Motor Vehicle Body and Trailer
Manufacturing (NAICS 3362)
Motor Vehicle Manufacturing (NAICS 3361)
Motor Vehicle Parts Manufacturing (NAICS
3363)
Other Transportation Equipment
Manufacturing (NAICS 3369)
Railroad Rolling Stock Manufacturing
(NAICS 3365)
Ship and Boat Building (NAICS 3366)
Household and Institutional Furniture and
Kitchen Cabinet Manufacturing (NAICS 3371)
Office Furniture (including Fixtures)
Manufacturing (NAICS 3372)
Other Furniture Related Product
Manufacturing (NAICS 3379)
Medical Equipment and Supplies
Manufacturing (NAICS 3391)
Other Miscellaneous Manufacturing (NAICS
3399)
All Other Miscellaneous Chemical Product
and Preparation Manufacturing (NAICS
325998)
Alumina Refining and Primary Aluminum
Production (NAICS 331313)
Animal Slaughtering and Processing (NAICS
3116)
Cement Manufacturing (NAICS 32731)
Explosives Manufacturing (NAICS 325920)
Foundries (NAICS 3315)
Lime and Gypsum Product Manufacturing
(NAICS 3274)
Pesticide, Fertilizer, and Other Agricultural
Chemical Manufacturing (NAICS 3253)
Petroleum and Coal Products Manufacturing
Principal Use
UM
X
Z
Re
f
er
e
n
c
e
(NAICS 3241)
Pulp, Paper, and Paperboard Mills (NAICS
3221)
Secondary Smelting and Alloying of
Aluminum (NAICS 331314)
Electricity Generating Facilities
Fuel Bulk Storage Facilities
Mining & Quarrying, High Intensity 4.3.5
Mining & Quarrying, Low Intensity 4.3.5
Sanitary Landfill (NAICS 562212) 4.3.5
Dry Stack Boat Storage Facility, Stand-
Alone
Motor Freight Transportation Warehousing
Recreational Vehicle and Boat Trailer
Storage Lot [11-16-2020] 4.3.5
Warehousing [11-16-2020] 4.3.5
Wholesaling 4.3.5
Wholesaling Seafood with Water Frontage
[11-16-2020]
Commercial Recycling Facility, Large
Collection [11-16-2020] 4.3.5
Commercial Recycling Facility, Processing
[11-16-2020] 4.3.5
Commercial Recycling Facility, Processing
and Collection
[11-16-2020]
4.3.5
Commercial Recycling Facility, Small
Collection [11-16-2020] 4.3.5
Landfill, Demolition 4.3.5
Landfill, Landscape 4.3.5
Junk Yards, Scrap Processing 4.3.5
Septage, Sludge Disposal 4.3.5
Planning Board - December 2, 2021
ITEM: 1 - 6 - 15
Accessory Use
UM
X
Z
Accessory Dwelling Unit P
Accessory Structure P
Accessory Use, Customary P
Dry Stack Boat Storage Facility, at a Marina P
Electronic Gaming Operation
Electric Vehicle Charging Station [11-16-2020] P
Farm Stand P
Home Occupation [11-16-2020]
Residential Private Pier
Solar Energy Collection Facility, Accessory
[11-16-2020]
RV or Travel Trailer Dwelling [09-08-2020]
Small Watercraft Storage
[09-08-2020]
Stormwater Facilities on Contiguous
Properties P
Wind Energy Collection Facility, Accessory
[11-16-2020]
Temporary Use
UM
X
Z
Circuses, Carnivals, and Fairs P
Construction Office P
Temporary Use
UM
X
Z
Debris Site [11-16-2020] P
Farmers’ Market
Seasonal Sales
Special Fundraising for Non-profit
Organizations P
Temporary Emergency Services Facility [11-16-
2020] P
Temporary Family Healthcare Structure
[11-16-2020] P
Temporary Real Estate Office/Model P
Temporary Relocation Housing P
Travel Trailers
Planning Board - December 2, 2021
ITEM: 1 - 6 - 16
PUBLIC COMMENTS
OPPOSITION
Planning Board - December 2, 2021
ITEM: 1 - 7 - 1
1 | Page
Mr. Carl L. Parker, President
Brunswick County Branch #5452
Ms. Deborah Dicks Maxwell, President
New Hanover County Branch #5424
November 17, 2021
Rebekah Roth, CZO, AICP
Planning Director,
New Hanover County
230 Government Center Dr
Suite 110
Wilmington, NC 28403
Subject: NAACP Opposition to Case # Z21-16 and Case # TA21-04
Dear Ms. Roth,
Our local NAACP Environmental and Climate Justice Committee has an active focus on using
building regulations to support more sustainable communities. Quoting our former Senior
Director of Environmental and Climate Justice, Jacqui Patterson. “Our [NAACP] aim as the
nation’s oldest and largest civil rights organization is to be a beacon of inspiration and
transformation in centering equity in the sustainable building sector. In doing so, we can catalyze
the building of a bigger, broader tent for the sustainable building movement, towards the
betterment of the building users, the communities, the economy, and the planet.”
With that, we are deeply concerned and adamantly opposed to a recent proposed development
that has been presented to your New Hanover County Planning Board as “Case #: Z21-16,
Application Type: Rezoning, Applicant: KFJ Development Group, LLC, on behalf of DBDL, LLC,
Location: 1100 Point Harbor Road, Description: Request to rezone ~8.34 acres to RUMXZ, Current
Zoning: I-2, Proposed Zoning: RUMXZ”
We also express our opposition to “Case #: TA21-04, Application Type: Text Amendment,
Applicant: KFJ Development Group, Description: Request by KFJ Development Group to amend the
Unified Development Ordinance to establish a new zoning district, RUMXZ.”
We understand the important role that you, as community planners, play in advocating for the
economic, social, environmental health and well-being of our citizens. We also understand that
your decisions will establish and foster the unique character of our community for generations
to come. With that, we also understand that you have an important and essential duty to make
us all aware of the potential hazards that could influence our Planning Board’s and County
Commission’s objective decision-making process. This awareness is especially critical when our
Planning Board and County Commission may not have ready access to resources needed to make
these critical and timely decisions.
Planning Board - December 2, 2021
ITEM: 1 - 8 - 1
2 | Page
We deeply appreciate your allowing our public participation into your decision-making process.
Please know that information that we offer to you at this important decision point include current
scientific and technical knowledge specific to our opposition to Case # Z21-16 and Case # TA21-
04.
Many in our region are still recovering from Hurricanes Matthew, Florence, and Isaias. From our
first-hand experience we have seen and intimately understand the ravages of hurricanes, floods,
and abnormal tidal fluctuations. Many of our citizens and community decision makers responded
bravely to these emergencies but we were all caught off guard by and unaware beforehand about
the expected frequency and magnitude of these life changing impacts and damaging weather-
related risks. Some of these responders may have assumed they understood the potential of
wind and tornado hazards from these hurricanes but forgot about the inherent risk that existed
due to the geography of our area. We as a people have a lot yet to learn about these risks and
uncertainties.
In June of 2020, North Carolina published the North Carolina Climate Risk Assessment and
Resilience Plan. In the forward of that plan, Governor Cooper provided this stark warning, “The
latest climate science underscores what we already know firsthand. There will be increased
temperatures, continued sea level rise, more precipitation, more intense hurricanes, more severe
thunderstorms, and more storm surge flooding.”
The collaboration of scientists, engineers, and educators came together to help our elected
leaders, citizen decision-makers and the public better understand what natural and man-caused
hazards we face that exist in our area so that we can better plan, prepare and mitigate them.
Here are some key findings from the experts who developed that plan:
Section C - Climate Hazards Facing North Carolina.
Heavy Precipitation and Storms:
• Heavy precipitation accompanying hurricanes and other weather systems is likely to increase,
thus increasing the potential for flooding in inland and coastal areas.
• Energy infrastructure located along inland watersheds and coastal areas will be further subject
to changes in river discharge and flooding from heavy precipitation events.
• Heavy precipitation from more intense and frequent storms can cause significant damage to
public and private structures such as homes, roads, utility services, etc.
• Vulnerable populations are most at risk of flooding and may have difficulty evacuating when
necessary.
Coastal Flooding and Coastal Erosion:
• It is virtually certain1 that sea level along the North Carolina coast will continue to rise due to
expansion of ocean water from warming and melting of ice on land.
• It is virtually certain1 that rising sea level and increasing intensity of coastal storms will lead to
an increase in storm surge flooding in coastal North Carolina.
• High tide flooding will be a near daily occurrence at some points along the coast in the future.
Planning Board - December 2, 2021
ITEM: 1 - 8 - 2
3 | Page
• Cultural resources in fixed locations are inherently sensitive to flooding and it is difficult to
reduce sites’ exposures to flooding.
• Sea level rise and flooding will limit available land that is in high demand for both human
(economic) and ecosystem services.
• More frequent coastal flooding will impact coastal habitats, fisheries, and the protective services
that natural areas provide to local communities.
• Increased storm surges will erode shorelines and kill vegetation in maritime grasslands, tidal
marshes, estuaries, lower reaches of coastal plain rivers, and low-lying wetlands near estuaries.
• Coastal erosion will reduce habitat for freshwater tidal wetlands, maritime uplands, and
maritime wetlands.
• Endangered and threatened species that are vulnerable to storm surge and erosion on beaches
are likely to decline.
• Coastal erosion will leave properties further at risk of flooding and storm damage, due to land or
natural buffers being lost.
Hurricanes:
• Intensity of the strongest hurricanes is likely to increase with warming of the oceans and
atmosphere, leading to greater damage to people, communities, our economy and natural
resources from more intense hurricanes and accompanying flooding and precipitation.
• More intense hurricanes will further damage wetlands and natural barriers which help to protect
infrastructure and communities from storm surge, increasing the vulnerability to subsequent
storms.
• Stronger hurricanes will destroy or damage public and private buildings and property.
Inland Flooding:
• Increases in extreme precipitation is likely to increase inland flooding in North Carolina.
• Inland communities across the state are at risk from flooding due to extreme precipitation and
outdated and/or undersized storm drainage infrastructure.
• Increased inland flooding caused by extreme precipitation events will further increase economic
and agricultural losses after a flooding event.
• More frequent flooding will impact inland habitats, fisheries, and the protective services that
natural areas provide to local communities.
• Flooding will continue to damage archaeological and historic sites on floodplains across all three
physiographic regions and within every river basin in the state.
• Increased or more frequent flooding may inundate and potentially destroy more cultural
resources
Ecosystems and Habitat Loss:
• Harmful algal blooms may increase due to warmer temperatures.
• Loss of organisms that rely on calcium-based shells such as oysters and clams, and organisms
dependent upon them for food or habitat will be harmed by ocean acidification.
• Loss of wetlands due to sea level rise will result in habitat losses that will impact both
commercial and recreational fisheries, decrease buffering capacity, adversely impacting water
quality, and reduce the resilience of coastal communities.
Saltwater Intrusion:
• Higher water levels due to sea level rise threaten otherwise productive land, leading to
agricultural and economic losses.
• Increased saltwater intrusion due to sea level rise is expected to change the salinity of estuarine
communities and to convert lower coastal floodplains from swamp forest to wetlands.
Planning Board - December 2, 2021
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• Saltwater intrusion due to climate change will make drinking water from both groundwater and
surface waters more vulnerable to contamination and/or expensive to treat and secure.
• Intrusion in freshwater sources can cause crop yields to decline and farmland to be unsuitable for
growing crops due to high salinity and less available freshwater, leading to a loss of revenue in
agriculture.
We also cite a very important research letter presented in the Port of Wilmington’s Wilmington
Harbor, North Carolina, Navigation Improvement Project Integrated Section 203 Study &
Environmental Report dated February 2020 titled: The Effect of Channel Deepening on Tides and
Storm Surge: A Case Study of Wilmington, NC: The Alteration of Tides and Storm Surge.
The final sentence of this document states, “In the future, local depth changes due to accelerating
sea level rise [Church et al., 2013] and additional development may further alter storm surge
characteristics and flood hazard.”
It is extremely hard to imagine that in the face of such daunting conclusions, as presented by our
science, economic and engineering experts, that any proposed development, Planning Board
member, County Commissioner, financial backer, insurance provider, or citizen/taxpayer would
ever consider making an objective decision to allow new “intense” development in an active
FEMA designated floodplain such as presented for your consideration and decision in Case # Z21-
16 and Case # TA21-04.
Our opposition is not only based on the findings contained in the North Carolina Climate Risk
Assessment and Resilience Plan. We also present for the Planning Board, County Commission and
your consideration and decision-making process the volumes of reports, research,
recommendations, and facts that support our position.
NC-specific plans and resources:
• Southeastern North Carolina Regional Hazard Mitigation Plan (Updated January 2021)
• NC Green Growth Toolbox Handbook
• NC Coastal Federation Living Shorelines Website
New Hanover County/Brunswick County-specific documents:
• Community Resilience Pilot Project for Wilmington, NC (2013): Developed in coordination with
New Hanover County and contains important information related to the impacts of sea level rise,
vulnerability, and implementation mitigation strategies.
• Sea Level Rise Hazard Assessment for New Hanover County, NC (2016): Publication in UNC-W's
Explorations: The Journal of Undergraduate Research and Creative Activities for the State of
North Carolina.
• Final Restoration Plan and Environmental Assessment for the Kerr-McGee Superfund Site:
Tools for identifying and mapping locally relevant hazards:
• NOAA's Storm Events Database
• NC Emergency Management Digital Elevation Models (DEMs)
• The Climate Explorer (U.S. Climate Resilience Toolkit)
• Locally Relevant Sea-Level Rise Projections (Legacy Sentinel Site Cooperative Program)
Planning Board - December 2, 2021
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• Carolinas Precipitation Patterns and Probabilities (CP3) (NOAA Carolinas Integrated Sciences and
Assessments)
• NC Flood Inundation Mapping and Alert Network (NC Floodplain Mapping Program)
• USGS Coastal Vulnerability Index
• TNC's Coastal Resilience Mapping Portal for NC
• Climate Central's Surging Seas Risk Zone Map
• NOAA SLR Viewer
• CDC Social Vulnerability Index
• 2019 Census Community Resilience Estimates for Equity and Disasters
Other guidance and best practices that might be relevant:
• Smart Growth Fixes for Climate Adaptation and Resilience: Changing Land Use and Building
Codes and Policies to Prepare for Climate Change
• Approaches to Viewshed Protection Around the Country, Nation Trust for Historic Preservation
• Connecticut Office of Legislative Research Report Regulating Scenic Views
Additionally, it is our opinion that this proposed development and text amendment is in direct
conflict with New Hanover County’s Unified Development Ordinance, Article 9. More specifically,
this development proposal does not address the fact that the “cumulative” risk factors caused by
upstream flooding events coupled with storm surge and sea level rise which, within the life
cycle of this proposed project, will pose extreme danger to health, safety, and property due to
water and erosion hazards. This phenomenon is referred to as compound flooding refers and
occurs when two or more flooding sources occur simultaneously or subsequently within a short
period of time. The Lower Cape Fear River is vulnerable to storm surge from tropical cyclones,
heavy rainfall, and sea-level rise. While any of these flooding sources can cause flooding, a
combination of these sources can lead to higher inundation levels and extents along the entire
reach of the river from the Atlantic Ocean upstream to the Wilmington area. Higher inundation
levels not only threaten the lives, property and numerous businesses located in and around this
zone but can also cause the additional burden of water pollution.
In terms of coastal flooding, a compound flooding event is flooding caused by the interaction of
the open ocean, atmosphere, and watersheds. The most common type of coastal compound
flooding—a combination of storm surge and riverine flooding—can produce floodwaters that are
longer in duration and more widespread than anticipated.
We cannot emphasize enough that this proposed project is sited within an active FEMA
designated floodplain. Because of this, it will be vulnerable to floods, storm surge and sea level
rise, not only at the time of initial construction, but throughout its entire lifecycle.
While the developer offers a USACE type “living” or “non-structural” shoreline strategy, the
USACE living shoreline strategy is specifically intended to protect coastal wetlands from natural
and man-made threats. This proposed development is man-made and represents a real threat
to the existing natural wetlands and the FEMA designated floodplain at the Peter’s Point site.
Furthermore, the living shoreline strategy was developed and designed to help filter pollutants
Planning Board - December 2, 2021
ITEM: 1 - 8 - 5
6 | Page
from stormwater runoff and protect or reduce inland damage from constant wave action, storm
surges and tides. Nowhere in the submittals for the development can we find any attempt to
offer remediation, restoration or mitigation for flood events that cause natural alterations or
degradation of wetlands, adjacent floodplain, stream channels, and natural protective barriers,
resulting from floodwaters, storm surge and/or sea level rise over the lifecycle of this proposed
project.
The construction of this proposed project would present a large physical obstruction in the
middle of an active FEMA designated floodplain. Such obstructions will unnaturally divert flows
from upstream flood events, storm surge and sea level rise. This, in turn, may increase the
likelihood of exacerbating local flood hazards to nearby lands such as Wilmington’s Waterfront
area and USS North Carolina Battleship Park.
There is ample documentation, both locally and nationally, that construction in floodplains, such
as being proposed by this project, will dramatically increases expenditure of public tax money for
costly flood control projects, flood damage recovery, post-disaster cleanup, water, sewer, gas
mains, stormwater, streets, transportation infrastructure repair and replacements, and
floodplain restoration. And tragically, the costs borne by the taxpayers to recover from these
ever-increasing disasters impact minorities and low-income residents the hardest.
We are concerned that disparities in disaster preparedness and protection will only become more
significant as our climate continues to change from the impacts of global warming, prompting an
increase in the number and diversity of extreme weather events and sea level rise.
Morphologically, Peter Point uniquely presents itself as a hydraulically significant and
problematic “funnel point” at the confluence of the Northeast reach and main courses of the
Cape Fear Rivers. As stated earlier, this section of the Cape Fear River is an extremely active and
fully functioning FEMA designated floodplain which now experiences greater more intense
flooding characteristics due to the impacts of sea level rise, storm surge and flood runoff from
heavy rains. More and more we are frequently witnessing local flood water inundation in and
around low-lying areas of the downtown Wilmington and nearby coastal communities.
The hydraulics and hydrodynamics of the Cape Fear River coupled with storm induced surging
Atlantic Ocean waters up the dredged Cape Fear River exposes Peter Point to significant and
potentially catastrophic flood risks in the future. It is a moral and social imperative that we do all
that we can to ensure that we preserve and protect our fragile wetlands and floodplains from
further negative anthropogenic impacts.
Flood events greater than 5.5 feet, as recorded by the National Weather Service tidal gauge at
the foot of the Cape Fear Memorial Bridge, are clearly sending us a warning message: 6 flooding
events in the 1940s; 4 flooding events in the 1950s; 101 flooding events in the single year of 2018;
and 142 flooding events November 1, 2018 – August 31, 2019.
Planning Board - December 2, 2021
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Floodplains are named as such for one simple reason, they flood . . . that is one of their prime
nature driven design functions. Who are we to destroy this critical gift?
Sadly, we are now learning the hard and expensive lessons of what happens when we knowingly
or unknowingly mistreat our fragile water resources and watersheds. Our citizens are now
experiencing the gradual deterioration of our Cape Fear River environment due to the pollution
of our drinking water, saltwater intrusion, stronger surge flow and increased high tide flooding
and channel deepening, degradation of ecosystem habitat, loss and destruction of significant
historical cultural areas and developments that lobby for “intense” buildout in our fragile
wetlands and floodplains.
However, there is also great hope in the wisdom and knowledge presented in the North Carolina
Climate Risk Assessment and Resilience Plan and other references cited above. If we take the
time to better understand the risks and uncertainties associated with our changing climate it can
and will lead us to develop more resilient, common sense planning responses.
Finally, we would be remiss if we didn’t mention the importance of preserving, protecting, and
celebrating the history, culture and heritage of past generations that have lived, toiled, and tied
their very existence to our Lower Cape River. In the proposed text amendment cited in Case #
TA21-04, there is a reference to “Preserve cultural and natural resources”. Unsure of the context
of that point of reference, we explored the New Hanover County Planning and Land Use
Comprehensive Plan, under “Historic & Archaeological Resources.” In that subsection of the
Comprehensive Plan there was a single document titled “Historic Architecture of New Hanover
County North Carolina” dated November 1986. This document specifically focused on the historic
architectural resources of New Hanover County. However, we could find no evidence of the
history of the numerous rice plantations that shaped and reshaped the Lower Cape Fear River
geography and economy. Prior to the Emancipation Proclamation of 1863, these large number
of plantations made Wilmington one of more affluent communities along the Atlantic Coast with
its wealth built primarily on slave labor – the Gullah Geechee people. The remnants of these old
rice fields still exist in many locations along the river, especially in and around the northern
portions of Eagles Island. We are so fortunate that the historical artifacts of these rice fields now
serve a second life as important nursery sanctuaries for fish and shellfish.
In 2006, Congress recognized the contributions made by the Gullah Geechee, by establishing the
Gullah/Geechee Cultural Heritage Corridor (Public Law 109- 338), Gullah/Geechee Cultural
Heritage Act, passed by Congress on October 12, 2006. Congress has declared the Gullah Geechee
Corridor as a National Heritage area, one of fifty-five (55) authorized heritage areas in the
country. The geographic footprints of New Hanover and Brunswick Counties reside entirely
within that corridor.
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ITEM: 1 - 8 - 7
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The Corridor was created to:
• Recognize, sustain, and celebrate the important contributions made to American culture
and history by African Americans, known as the Gullah Geechee, who settled in the
coastal counties of South Carolina, Georgia, North Carolina, and Florida.
• Assist state and local governments and public and private entities in South Carolina,
Georgia, North Carolina, and Florida in interpreting the story of the Gullah Geechee and
preserving Gullah Geechee folklore, arts, crafts, and music.
• Assist in identifying and preserving sites, historical data, artifacts, and objects associated
with Gullah Geechee people and culture for the benefit and education of the public.
The Peter’s Point location, as well as the adjacent Eagles Island area, is well documented as
having significant historical and cultural heritage value. There is an exceptional opportunity to
preserve, protect and celebrate the history, culture, and heritage of our people’s connection to
the Lower Cape Fear River and Peter’s Point is a great place to begin that celebration for New
Hanover County.
We feel that it is vitally important, now more than ever, for planners to develop more sustainable
solutions for the protection and preservation of our environment, history, culture, and heritage.
With the forces and pressures of rapid growth to develop our scarce watershed resources, we
recommend that the leaders of New Hanover County government take a more serious second
look at the identified risks and uncertainties of developing the Peter’s Point property. We
encourage a more realistic and sustainable solution for the best usage of this property like
“climate adaptive low impact development.” This type of development is truly a sustainable
alternative because it meets the criteria of sustainability both environmentally, socially, and
economically. It also reduces the cost of providing community services. Climate adaptive low
impact development improves water quality and promotes natural habitats which provides
significant benefits to our environment. Socially, it increases recreational activities, preserves,
and protects culturally sensitive sites and improves health through cleaner surroundings. Its
economic benefits include a dramatic reduction of future costs for flood damage recovery all
while increasing local property values and local tourism. One example of this is Maryland’s
Climate Action Plan, the first component of a two phased strategy for adapting to sea level rise
and coastal storms, specifies the extreme vulnerability of coastal wetlands and identifies the
need to adapt to future conditions and “direct existing land conservation programs… to consider
the use of conservation easements and other land conservation initiatives as a means to protect
key coastal areas vulnerable to sea-level rise and to provide sufficient lands for wetland
migration.”
We here in the Lower Cape Fear River area are blessed with an abundance of natural beauty and
distinctive community venues. While scenery is important to the overall quality of our area,
scenic vistas and viewsheds are often destroyed during rapid change, both in the natural and
built environments. Identification and protection of these assets is an important component of
smart growth and scenic stewardship.
Planning Board - December 2, 2021
ITEM: 1 - 8 - 8
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Our scenic area along the Cape Fear River watershed represents a natural gift with substantial
benefits, such as higher property values and increased tourism revenue. Protecting our scenic
vistas and viewsheds from the effects of haphazard development would allow our community to
preserve its unique charm, build civic pride, and attract positive growth to the area.
By designing “climate adaptive low impact development” with floodplains, instead of on top of
them, we can dramatically mitigate risks of flooding and property damage and more importantly
reduce economic and public health impacts as well.
It is our sincere hope that you are as serious and concerned as we are about the decisions you
will be asked to make on these two proposals. We believe that we have presented sufficient
evidence that this proposed development, or any other similar type of development with this
floodplain is just not a suitable or justifiable alternative.
Sincerely,
Footnote:
1. Report defines Virtually Certain = 99 - 100% probability of outcome
__________________________________
Carl Parker, President
NAACP - Brunswick County Branch #5452
P.O. Box 364, Supply, NC 28462
______________________________________
Ms. Deborah Dicks Maxwell, President
NAACP - New Hanover County Branch #5424
PO Box 2199, Wilmington, NC 28402.
Planning Board - December 2, 2021
ITEM: 1 - 8 - 9
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Email Copy furnished to:
Donna Girardot, Chair, New Hanover County Planning Board
Paul D. Boney, Vice-Chair, New Hanover County Planning Board
Ernest W. Olds, New Hanover County Planning Board
Jeffrey B. Petroff, New Hanover County Planning Board
H. Allen Pope, New Hanover County Planning Board
Thomas “Jordy” Rawl, New Hanover County Planning Board
Colin J. Tarrant, New Hanover County Planning Board
Julia Olson-Boseman, Chair, New Hanover County Board of Commissioners
Deb Hays, Vice Chair, New Hanover County Board of Commissioners
Jonathan Barfield, Jr., Commissioner, New Hanover County Board of Commissioners
Bill Rivenbark, Commissioner, New Hanover County Board of Commissioners
Rob Zapple, Commissioner, New Hanover County Board of Commissioners
Chris Coudriet, New Hanover County Manager
Mayor Bill Saffo, City of Wilmington
Mayor Pro-tem Margaret Haynes, City of Wilmington
Neil Anderson, Councilman, City of Wilmington
Clifford D. Barnett, Sr., Councilman, City of Wilmington
Kevin O'Grady, Councilman, City of Wilmington
Charles H. Rivenbark, Jr., Councilman, City of Wilmington
Kevin Spears, Councilman, City of Wilmington
Wilmington Metropolitan Planning Organization
Southern Environmental Law Center
League of Women Voters of Lower Cape Fear
Cape Fear Resource Conservation & Development
Cape Fear River Watch
Cape Fear River Assembly
Cape Fear Arch
Cape Fear Sierra Club
Carolina Wetlands Association
NC League of Conservation Voters
NC Wildlife Resources Commission
NC Sea Grant
NC Coastal Land Trust
NC DOT District 3
NC Policy Watch
NC Coastal Federation
American Rivers
Bald Head Island Conservancy
Earth Justice National Resource Defense Fund
Audubon North Carolina Island Wildlife - Cape Fear Region NAACP Legal Defense Fund
The Nature Conservancy UNCW UNCW Geology UNCW Oceanography CleanAIRE NC Surfrider Wilmington
Planning Board - December 2, 2021
ITEM: 1 - 8 - 10
COMMENT ON CAPE FEAR RIVER WEST BANK DEVELOPMENT
Pat Marriott
22-year resident of Wilmington
Everyone who has decision-making authority over West Bank developments should be
REQUIRED to visit Savannah, to see what that otherwise beautiful riverfront city has done with
its own “West Bank.”
When “urban renewal” was all the rage in the 1950s and 60s, Savannah’s city fathers and
mothers firmly resolved to preserve the quaint beauty of their historic downtown. The parks,
squares, cobblestone streets, residences, and notable historic buildings are still there to admire.
But in 2000 they built a gigantic convention center directly across the river. And now,
inevitably, they’re fixing to expand it!
During the same “urban renewal” period, Wilmington (like so many other historic cities) was
busy tearing down beautiful old structures – indeed, whole city blocks – and replacing them
with parking lots and truly ugly new buildings. Remember the horrid Wachovia Bank at Front
and Princess? It finally bit the dust, but now it’s an eyesore of another kind. Once things get
built, it’s mighty hard to rectify the error.
To our credit, we’ve caught on to historic preservation – but much too late. And very much to
our credit, we’ve preserved the other side of the river.
Downtown Wilmington is still mighty beautiful, particularly right along the river. Our national
award-winning boardwalk offers stunning views of the pristine West Bank, anchored and
sanctified by the stately USS NORTH CAROLINA, our state’s World War II memorial.
But development will have its way. We’ve already lost river views from much of downtown,
due to new multi-story residential buildings on the riverfront. And it’s all too easy to see how
the astoundingly beautiful river view that remains – the West Bank – could be lost forever due
to development.
Planning Board - December 2, 2021
ITEM: 1 - 9 - 1
Here’s a view of the Cape Fear River from downtown Wilmington:
Here’s a view of the Savannah River from downtown Savannah:
Is it necessary to say more? Once development starts, it will continue. And once things are
built, they are there to stay.
This is your opportunity to say, with no false sentimentality, “Things will never be the same.”
Ask yourself if development across the river is what our historic city – so greatly praised for its
beauty and livability in the national magazines – really needs.
I began this note by saying anyone with decision-making authority should be REQUIRED to visit
Savannah. The pictures begin to show what development can do to a river view. But don’t take
the pictures as authoritative. Please GO TO SAVANNAH AND SEE FOR YOURSELF before
approving any development across the river from downtown Wilmington.
Then please do the right thing for generations of Wilmingtonians and tourists!
Planning Board - December 2, 2021
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PROPERTY
COMMENTS
NEIGHBORING
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ITEM: 1 - 11 - 1
Planning Board - December 2, 2021
ITEM: 1 - 12 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/2/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning & Land Use Director
CONTACT(S): Rebekah Roth
SUBJECT:
Public Hearing
Rezoning Request (Z21-16) - Request by Frank Pasquale with KFJ Development Group, LLC, on behalf of Ray
Bordeaux with DBDL, LLC, to rezone approximately 8.34 acres of land located at 1100 Point Harbor Road from I-2,
Heavy Industrial to RUMXZ, Riverfront Urban Mixed-Use Zoning District for a mixed-use development.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 8.34 acres from I-2, Heavy Industrial, to RUMXZ, Riverfront
Urban-Mixed Use to construct a mixed-use development.
The proposal includes three mixed-use structures, each of which would be a maximum of 240 feet tall as measured
from the lowest finished floor. The proposed structured parking and underground stormwater mi0ga0on would not be
included in this height measurement.
The proposed Master Development Plan (MDP) outlines a maximum commercial/nonresiden0al square footage of
56,500 square feet, not including hotel/motel rooms. A maximum of 1,183 residen0al units, which includes hospitality
units that could be used as either hotel/motel rooms or residen0al units, is proposed. This maximum would result in a
density of 141.8 du/acre for the project.
The MDP also depicts a living shoreline along the river frontage, along with a minimum of 25% of dedicated open
space (approximately 2 acres), and a raised pedestrian plaza. The MDP also depicts a proposed riverwalk, which is a
requirement of the RUMXZ district, along with a series of floa0ng docks and a water taxi dock. The en0re riverwalk
must be constructed before a Cer0ficate of Occupancy may be issued for the second building constructed.
As part of the required Terms and Condi0ons document, the applicant has outlined the development strategy for
poten0al site flooding. Features included as condi0ons of the project, in addi0on to flood damage preven0on and
local, state, and federal requirements include:
Fill to elevate the site 2 ?. above current base flood eleva0on (+/- 9 ?.);
Grading and landscaping of the site to direct the flow of floodwaters away from structures;
Pedestal-type support system (the raised pedestrian plaza described in the applica0on materials) that will further
elevate habitable floor space; and
Eleva0on of the por0on of Point Harbor Road under an encroachment agreement with NCDOT an addi0onal
3.5 feet above the approximate 6.5 feet of flood levels where water covers the road.
The I-2 district in this area was established in 1972, and this por0on of the unincorporated county has primarily
retained the ini0al industrial zoning to date. However, to the east, across the Northeast Cape Fear River, lies the urban
downtown core area of the City of Wilmington, with primarily CBD, Central Business District zoning.
Planning Board - December 2, 2021
ITEM: 2
The development paIern outlined in the MDP has been designed to mirror the form and intensity of downtown
Wilmington on the east side of the river, which allows no maximum density for ver0cally integrated mixed-use
structures and a height maximum of 240 feet in the CBD for the por0ons of downtown north of Red Cross Street not
directly fron0ng the water.
As currently zoned, it is es0mated the site would generate about 25 trips during the peak hours if developed with the
10% building footprint typical for proper0es with I-2 zoning. A Traffic Impact Analysis (TIA) was conducted for the
project and es0mated a net trip genera0on of 572 trips during the AM peak hour and 708 in the PM peak hour. The
TIA, which was approved on November 16, 2021, required right in/right out movements at the intersec0on of Hwy 421
with Point Harbor and NHC Sheriff Firing Range Drive.
Based on the current general student genera0on rate, the increase in homes would result in approximately 260
addi0onal students than would be generated under current zoning. The general student genera0on rate provides only
an es0mate of an0cipated student yield as different forms of housing at different price points yield different numbers
of students. Please refer to the Schools sec0on included in the staff report for addi0onal informa0on on school
enrollment and capacity.
While the subject site was zoned for manufacturing in the early 1970s, the 2016 Comprehensive Plan recommends a
mixture of commercial and moderate to high density residen0al uses. The Plan reflects the county's long-term vision
of developing the western bank of the river so that it reflects the development paIern of downtown Wilmington on
the eastern bank. The por0on of downtown Wilmington across the Northeast Cape Fear River is zoned CBD, which
allows a similar mix and intensity of uses as proposed in the MDP for this project.
The proposed RUMXZ rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project
provides for the types and mixture of uses recommended in the Urban Mixed Use place type, reflects the development
paIern of downtown Wilmington, and is designed to take into account the site's environmental features.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Because the proposed RUMXZ district is aligned with the county's vision of development on the western bank of the
river reflec0ng the paIern of downtown Wilmington and it is designed to protect exis0ng environmental features and
support future resilience, staff recommends approval of this applica0on and suggests the following mo0on:
I move to recommend APPROVAL of the proposed rezoning to an RUMXZ district. I find it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses
recommended for Urban Mixed Use places, reflects the development paIern of downtown Wilmington, and is
designed to take into account the site's environmental features. I also find recommending APPROVAL of the rezoning
request is reasonable and in the public interest because the proposal would benefit the community by suppor0ng the
revitaliza0on of the currently blighted and high-visibility western bank of the Northeast Cape Fear River, suppor0ng the
exis0ng downtown tourist des0na0on and long-term economic development of New Hanover County.
Example MoDon for Denial
I move to recommend DENIAL of the proposed rezoning to an RUMXZ district. While I find it to
Planning Board - December 2, 2021
ITEM: 2
be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types
and mixture of uses recommended for Urban Mixed Use places, reflects the development paIern of downtown
Wilmington, and is designed to take into account the site's environmental features, I find recommending DENIAL of
the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired
character for this area, the density and height will adversely impact nearby proper0es, and the proposed project does
not adequately mi0gate the environmental hazards present on the subject site.
ATTACHMENTS:
Descrip0on
Z21-16 Script
Z21-16 Staff Report
Z21-16 Zoning Map
Z21-16 Future Land Use Map
Z21-16 Neighboring Properties
Applicant Cover Sheet
Z21-16 Application Package
Opposition Cover Sheet
NAACP Letter in Opposition
P. Marriott Comments in Opposition
Opposition from Public Comment Portal (Rcvd. by 11-23-2021)
Neighboring Property Cover Sheet
Helbig Comments
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 2, 2021
ITEM: 2
SCRIPT for Zoning Map Amendment Application (Z21-16)
Request by Frank Pasquale with KFJ Development Group, LLC, on behalf of Ray Bordeaux with DBDL,
LLC, to rezone approximately 8.34 acres of land located at 1100 Point Harbor Road from I-2, Heavy
Industrial to RUMXZ, Riverfront Urban Mixed-Use Zoning District for a mixed-use development.
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 presentations and an additional 5 minutes for rebuttal.
1. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation(s) (up to 15 minutes)
c. Opponents’ presentation(s) (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponents’ rebuttal (up to 5 minutes)
2. Close the public hearing
3. Board discussion
4. Vote on amendment. 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 of Approval
I move to recommend APPROVAL of the proposed rezoning to an RUMXZ district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for
the types and mixture of uses recommended for Urban Mixed Use places, reflects the development
pattern of downtown Wilmington, and is designed to take into account the site’s environmental features.
I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the proposal would benefit the community by supporting the revitalization of the currently
blighted and high-visibility western bank of the Northeast Cape Fear River, supporting the existing
downtown tourist destination and long-term economic development of New Hanover County.
Example Motion for Denial
I move to recommend DENIAL of the proposed rezoning to an RUMXZ district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for
the types and mixture of uses recommended for Urban Mixed Use places, reflects the development
pattern of downtown Wilmington, and is designed to take into account the site’s environmental features,
I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the
proposal is not consistent with the desired character for this area, the density and height will adversely
impact nearby properties, and the proposed project does not adequately mitigate the environmental
hazards present on the subject site.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development
Ordinance to establish the Riverfront Urban Mixed-Use Zoning (RUMXZ) district. I find it to be
[Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons]
Planning Board - December 2, 2021
ITEM: 2 - 1 - 1
__________________________________________________________________________________
__________________________________________________________________________________
I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because
[insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
Planning Board - December 2, 2021
ITEM: 2 - 1 - 2
Z21-16 Staff Report PB 12.2.2021 Page 1 of 20
STAFF REPORT FOR Z21-16
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z21-16
Request:
Rezoning to a Riverfront Urban Mixed-Use Zoning (RUMXZ) district
Applicant: Property Owner(s):
Frank Pasquale on behalf of KFJ
Development Group LLC Ray Bordeaux with DBDL, LLC
Location: Acreage:
1100 Point Harbor Road 8.34 acres
PID(s): Comp Plan Place Type:
R04700-003-007-000 Urban Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Mixed-Use development
Current Zoning: Proposed Zoning:
I-2, Industrial RUMXZ, Riverfront Urban Mixed-Use Zoning
Existing Zoning
Planning Board - December 2, 2021
ITEM: 2 - 2 - 1
Z21-16 Staff Report PB 12.2.2021 Page 2 of 20
SURROUNDING AREA
LAND USE ZONING
North Undeveloped I-2
East Northeast Cape Fear River, Downtown
Wilmington
Central Business District (CBD)
City Zoning
South Cape Fear River, USS North Carolina Battleship B-2
West Undeveloped I-2
ZONING HISTORY
July 1, 1972 Initially zoned I-2 (Area 9A)
COMMUNITY SERVICES
Water/Sewer
Development would require extensions of CFPUA water and sewer
infrastructure. Specific design and availability of capacity would be
determined during site plan review.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station 12
Schools Gregory Elementary, Williston Middle, and New Hanover High Schools
Recreation Story Park at the Main Library, Cape Fear Museum Park
Aerial
Planning Board - December 2, 2021
ITEM: 2 - 2 - 2
Z21-16 Staff Report PB 12.2.2021 Page 3 of 20
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation 404 Wetlands and Coastal Marsh
Historic Site of the antebellum Mallet Plantation
Archaeological No known archaeological resources
APPLICANT’S PROPOSED MASTER PLAN
Overview
The Riverfront Urban Mixed-Use Zoning (RUMXZ) district is a type of conditional zoning
district that includes a site-specific design as shown on a Master Development Plan (MDP),
and mutually agreed upon conditions can be attached. MDPs are in a “bubble” format that
illustrates the general location and intensity of the land uses within the development. Mixed
use developments must be constructed in accordance with the standards established in the
approved master plan (MDP with Terms & Conditions) and must comply with all other
applicable development regulations (stormwater, landscaping, roadways, parking, etc.).
Compliance with the master plan and other applicable regulations is verified during the
technical review of an engineer sealed development proposal.
The RUMXZ District was established to enhance and preserve the environmentally sensitive
areas along the river, protect public river access, ensure quality design, and provide
redevelopment opportunities that encourage a mix of uses.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 3
Z21-16 Staff Report PB 12.2.2021 Page 4 of 20
Master Development Plan
The proposal includes three mixed-use structures, each of which would be a maximum of
240 feet tall, as measured from the lowest finished floor to the highest point on the building,
as outlined in the standards for the RUMXZ district.
The 240 ft. structure height would not include anything below the lowest finished floor,
Including the proposed structured parking and underground stormwater mitigation.
The proposed MDP outlines a maximum commercial/nonresidential square footage of
56,500 square feet, not including hotel/motel units.
A maximum of 1,183 residential units, which includes hospitality units that could be used as
either hotel/motel rooms or residential units. This maximum would result in a density of
141.8 du/acre for the project.
Generally, the county does not consider the number of hotel/motel units or hospitality units
per acre to be the same as residential density because they are generally considered non-
residential uses. To allow for flexibility during the development process, the applicant has
not separated them from the residential units in the proposal. For comparison, the “density”
of downtown Wilmington hotels would be approximately 244 units/acre for Embassy Suites,
224 units/acre for Hampton Inn, and 326 units/acre for Courtyard by Marriott.
The MDP also depicts a living shoreline along the river frontage, which is a requirement of
the RUMXZ district, along with a minimum of 25% of dedicated open space, approximately
2 acres, and a raised plaza, which is described in the applicant’s application materials.
Proposed Master Development Plan
Planning Board - December 2, 2021
ITEM: 2 - 2 - 4
Z21-16 Staff Report PB 12.2.2021 Page 5 of 20
The project is not proposed to be phased per the MDP, but each building is proposed to be
eligible for certificates of occupancy prior to the construction of the complete site. However,
as noted on the MDP, the entire riverwalk must be constructed before a Certificate of
Occupancy, an approval allowing the building to be occupied, may be issued for the second
building constructed. An approximate development timeline is included in the application.
This timeline is not considered to be a condition of the proposal.
The MDP also depicts the proposed riverwalk, which is a requirement of the RUMX district,
along with a series of floating docks and a water taxi dock.
Terms and Conditions
In accordance with the standards of the Unified Development Ordinance (UDO), the master
plan Riverfront Urban Mixed-Use Zoning (RUMXZ) District includes a Terms and Conditions
document that details any conditions of approval or proposed modifications to development
standards. The notable proposed conditions of the proposal are listed below. The full Terms
and Conditions document is included in the application and will be incorporated along with
the MDP into the approved master plan if the rezoning is approved.
Uses, Density, and Intensity
1. The Terms and Conditions outline that the building height for this project will be
consistent with the height maximum outlined for the RUMXZ district at the time of the
rezoning approval, which, as outlined above, allows structures a maximum of 240
feet in height. This would be measured from the lowest finished floor to the highest
point in the building and does not include anything below the lowest finished floor,
which could include structured parking and underground stormwater mitigation as
described in the application.
2. The maximum density for the project is set at 1,183 combined residential and
hospitality units for an overall density of 141.8 units per acre. A maximum of
56,500 square feet of commercial/nonresidential uses (excluding hotel/motel units)
is also established.
3. All uses outlined for the RUMXZ district would be permitted or require a special use
permit as outlined in Article 4 of the UDO, except that the following uses would be
prohibited:
Dwelling, Dual-unit attached
Dwelling, Quadraplex
Dwelling, Single-Family Detached
Dwelling, Two-Family (Duplex)
Dwelling, Row-Style
Project-Specific Development Standards
1. The project shall comply with the open space requirements in place at the time of
the rezoning, except that a minimum 25% of open space shall be provided. The
UDO only requires 15% open space for mixed-use developments currently.
2. A privately maintained riverwalk open for public use shall be installed along a
minimum of 95% of the river frontage. The RUMX district only requires 90% of the
river frontage be provided for a riverwalk.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 5
Z21-16 Staff Report PB 12.2.2021 Page 6 of 20
3. As outlined above, the entire riverwalk must be constructed before a Certificate of
Occupancy, an approval allowing the building to be occupied, may be issued for
the second building constructed.
4. Sidewalks shall be provided along one side of the roads within the development.
The sidewalks will be six-foot in width except when a narrower sidewalk is required
due to existing wetland features.
5. Walking paths will be provided throughout the site to provide access to the restored
environmental features.
6. Bicycle and pedestrian access will link between multi-modal features on Point Harbor
Road and the internal bicycle/pedestrian network within the development.
7. River access will be available from a dedicated river ferry component via the
proposed ferry dock.
8. The applicant has outlined the development strategy for potential site flooding in
an attachment to the Terms and Conditions document. Features included as
conditions of the project, in addition to flood damage prevention and local, state,
and federal requirements, include:
Fill to elevate the site 2 ft. above current base flood elevation (+/- 9 ft.)
Grading and landscaping of the site to direct the flow of floodwaters away
from structures
Pedestal-type support system (the raised pedestrian plaza described in the
application materials) that will further elevate habitable floor space
Elevation of the portion of Point Harbor Road under an encroachment
agreement with NCDOT an additional 3.5 feet above the approximate 6.5
feet of flood levels where water covers the road
Compensating Community Benefits
1. Improved Design
Contemporary architectural design with an exterior primarily consisting of
solar filtering glass.
Multi-modal internal access and pedestrian access from riverfront
Raised habitable first floor to mitigate potential flooding
Environmental and ecological restoration of riverfront
Location of project’s residential uses in center of site to provide residents with
convenient access to lifestyle amenities
2. Natural Preservation
Preservation of natural habitats and features beyond requirements of the
UDO
Clean-up of riverfront and establishment of a living shoreline
Clean up of existing “brownfield” site
3. Improved Access for Vehicles and County Residents
River ferry access to the site, reducing motor vehicle trips
Planning Board - December 2, 2021
ITEM: 2 - 2 - 6
Z21-16 Staff Report PB 12.2.2021 Page 7 of 20
4. Mixed Use Development
Vertically integrated mix of residential and commercial uses
Horizontal mixture of uses across three buildings
5. Health and Economy of Citizens and Visitors
Repurposing of current inactive polluted industrial site
Substantial addition of commercial and residential floorspace
Possibility for public amenities
ZONING CONSIDERATIONS
The I-2 district in this area was established in 1972. The purpose of the I-2, Heavy Industrial
District is 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.
Uses allowed in the district include manufacturing, fabrication, assembly, warehousing,
distribution, and accessory outside storage uses associated with heavy industrial uses, where
such heavy industrial uses are served by rail, waterway, and/or highway transportation
systems.
District regulations also require transitional buffers between I-2 properties and adjacent,
non-industrial uses.
This portion of the unincorporated county has primarily retained the initial industrial zoning
to date. However, to the east, across the Northeast Cape Fear River, lies the urban
downtown core area of the City of Wilmington, with primarily CBD, Central Business District
zoning.
New Hanover County’s Riverfront Urban Mixed-Use (RUMXZ) district has been proposed to
allow for the high-intensity urban uses that reflect the development pattern of downtown
Wilmington envisioned by the comprehensive plan, while enhancing and preserving
environmentally sensitive areas along the river.
The development pattern allowed in the RUMXZ district and in this master planned
development has been designed to mirror the form and intensity of downtown Wilmington
on the east side of the river, which allows no maximum density for vertically integrated
mixed-use structures and a height maximum of 240 ft. in the CBD for the portions of
downtown north of Red Cross St. not directly fronting the water.
The entire project site is located in the AE special flood hazard area, which will require
compliance with the county’s Flood Damage Prevention ordinance regarding finished floor
elevations, floodproofing, and analysis of the impact of non-structural fill greater than 2 ft.
The application outlines architectural and site design methods, including elevated
stormwater, wetland areas, and habitable space, along with the construction of a raised
pedestrian plaza that will allow structured parking and stormwater filtering.
This proposal would integrate commercial services and residential housing. Providing
services within close proximity to future and existing residents and supporting the County’s
strategic plan’s goal of creating complete communities.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 7
Z21-16 Staff Report PB 12.2.2021 Page 8 of 20
AREA SUBDIVISIONS UNDER DEVELOPMENT
There are no subdivisions under development in the area at this time.
TRANSPORTATION
The site will be accessed primarily by Point Harbor Road, an existing NCDOT maintained
local street. The project’s Traffic Impact Analysis (TIA) is also predicated on a private
roadway connecting the project with NHC Sheriff Firing Range Drive, using an easement
west of Hwy 421 and crossing under the highway overpass.
Bicycle and pedestrian paths, including a Riverwalk, will be provided throughout the
development as shown on the master plan to promote a multimodal development.
The masterplan also includes a river ferry and floating docks to support the boating
community.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 8
Z21-16 Staff Report PB 12.2.2021 Page 9 of 20
If the subject site were developed with the 10% building footprint typical for properties
with I-2 zoning, approximately 36,300 square feet of light industrial structures could be
built. This would be estimated to generate about 25 trips during the AM peak hour and 23
trips during the PM peak hour.
The TIA conducted for the project estimated a net trip generation of 572 trips during the
AM peak hour and 708 in the PM peak hour.
Breakdown of trip generation for existing conditions, typical development under current
zoning, and the proposal are summarized in the following table:
Estimated Trip Generation
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development under
Current I-2 Zoning:
36,329 sq. ft. light
industrial 25 AM/ 23 PM
Proposed RUMXZ
Development: Mixed-Use 572 AM / 708 PM*
* Estimated Trip Generation adjusted for pass-by trips and internal capture
Traffic Impact Analysis
New developments that are anticipated to generate more than 100 trips during any peak
hour period are required to submit a traffic impact analysis (TIA) as part of their rezoning
application. After working with the WMPO and NCDOT from July to October 2021, the
TIA for this project was approved on November 16, 2021.
The approved TIA analyzed the development of:
1,283 multifamily housing (high-rise)
125 hotel rooms
6,000 square feet of drinking place
39,000 square feet of shopping center
4,500 square feet of a quality restaurant
The provided master plan may not ultimately align exactly with what was analyzed by the
TIA because the bubble plan proposal is intended to provide design flexibility. Any changes
that exceed the scale and trip budget of what was studied would require an addendum
and additional review.
The TIA analyzed the Level of Service (LOS) in vehicle delay per second at notable
intersections in the area, summarized below:
US 74/US 421 at US 74/NC 133
Northbound US 421/US 74/NC 133 at SR 2190 (Point Harbor Road)
Southbound US 421/US 74/NC 133 at NHC Sheriff Firing Range Drive
Planning Board - December 2, 2021
ITEM: 2 - 2 - 9
Z21-16 Staff Report PB 12.2.2021 Page 10 of 20
The November 16, 2021 approval includes the following required improvements for US
74/US 421/NC 133 at NHC Sheriff Firing Range Drive/Point Harbor Road:
Intersections shall be designed as right-in/right-out for both NHC Sheriff Firing
Range Drive and Point Harbor Road.
Construct a northbound right turn lane with 350 feet of storage, 50 feet of full width
deceleration, and 100 feet of taper.
Construct a southbound right turn lane with 500 feet of storage, 50 feet of full width
deceleration, and 200 feet of taper.
No improvements were required for US 74/US 421/NC 133.
US 74/421/NC 133 and Point Harbor Road (Eastbound Approach)
Scenario Level of Service Delay in Seconds
AM PEAK
2021 Existing F >500*
2028 Future without Project F >1,000
2028 Future with Project D 34.9
2028 Future with Project & Improvements D 29.8
PM PEAK
2021 Existing F >500*
2028 Future without Project F >1,000
2028 Future with Project F 115.6
2028 Future with Project & Improvements F 68.2
*Left turns cause LOS F under existing conditions.
US 74/421/NC 133 and Sheriff Firing Range Drive (Westbound Approach)
Scenario Level of Service Delay in Seconds
AM PEAK
2021 Existing F >500*
2028 Future without Project F >1,000
2028 Future with Project F 71.2
2028 Future with Project & Improvements F 52.7
PM PEAK
2021 Existing F >500*
2028 Future without Project F >1,000
2028 Future with Project E 41.0
2028 Future with Project & Improvements D 26.8
*Left turns cause LOS F under existing conditions.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 10
Z21-16 Staff Report PB 12.2.2021 Page 11 of 20
US 74/421 and US 74/NC 133
Scenario Level of Service Delay in Seconds
AM PEAK
2021 Existing C 25.6
2028 Future without Project C 28.9
2028 Future with Project C 33.2
PM PEAK
2021 Existing D 35.3
2028 Future without Project D 39.9
2028 Future with Project D 43.3
NEARBY PLANNED TRANSPORTATION IMPROVEMENTS AND TRAFFIC IMPACT ANALYSES
Planning Board - December 2, 2021
ITEM: 2 - 2 - 11
Z21-16 Staff Report PB 12.2.2021 Page 12 of 20
Nearby NC STIP Projects:
STIP Project U-5731 (Isabel Holmes Bridge Interchange)
Project will replace the exsiting signal with a fly-over and free flow ramp at the
intechange of US74/421 and US74/NC133.
Additionally, a median will be constructed along US74 that will divide the study
intersection at Point Harbor Road/NHC Sheriff Firing Range Drive into northbound
and southbound right-in/right-out intersections.
This project currently has an anticipated construction year of 2028.
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Proposed Development Land Use/Intensity TIA Status
Kettler Wilmington
Waterfront Development
290 Mid-Rise Residential with
First Floor Commercial Units Approved April 29, 2020
No improvements were required
Development Status: Project was approved for construction on May 5, 2021.
ENVIRONMENTAL
The entire site is within an AE Special Flood Hazard Area, with a base flood elevation of 9
ft. and required 2 ft. freeboard for a Regulatory Flood Protection Elevation of 11 ft.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class IV (severe limitation for septic suitability). However, the site is
expected to be served by CFPUA when developed.
OTHER CONSIDERATIONS
Schools
Students living in the proposed development would be assigned to Gregory Elementary,
Williston Middle, and New Hanover High Schools. Students may apply to attend public
magnet, year-round elementary, or specialty high schools.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 12
Z21-16 Staff Report PB 12.2.2021 Page 13 of 20
Because the site is currently zoned for non-residential use, no dwelling units would be
permitted by right under the current zoning. A maximum of 1,183 units could be developed
under the proposed rezoning.
Based on the current general student generation rate*, the increase in homes would result
in approximately 260 additional students than would be generated under current zoning.
The general student generation rate provides only an estimate of anticipated student yield
as different forms of housing at different price points yield different numbers of students.
Over the past four years, staff has also seen a decline in the number of students generated
by new development. Student numbers remained relatively stable between 2015 and
2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential
units were permitted across the county. In addition, the student population is anticipated to
only grow by approximately 1,300 students over the next 10 years based on the recent
New Hanover County Schools Facility Needs Study.
Development Type Intensity Estimated Student Yield
(current general student generation rate) *
Existing Development Undeveloped Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
Typical Development Under
Current I-2 Zoning 0 residential units Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
Proposed Riverfront Urban
Mixed-Use Zoning (RUMXZ)
1,183 residential
units
Approximate** Total: 260
(106 elementary, 59 middle, 95 high)
*The current general student generation rate was calculated by dividing the projected New Hanover County public
school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there
are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated
per dwelling unit across New Hanover County. These numbers are updated annually and include students attending
out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech.
**Because the student generation rate often results in fractional numbers, all approximate student generation yields
with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are
rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the
approximate total.
Developments of the size and type associated with the proposed rezoning would likely not
reach full build-out for over 5 years, as reflected in the anticipated 2028 build-out
referenced in the Traffic Impact Analysis. As a result, existing school enrollment and
capacity is not likely to be relevant. New Hanover County Schools staff would include this
project if approved in future facility planning initiatives in order to accommodate any
resulting student growth.
Staff has provided information on existing school capacity to provide a general idea of the
potential impact on public schools, but these numbers do not reflect any future capacity
upgrades.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 13
Z21-16 Staff Report PB 12.2.2021 Page 14 of 20
School Enrollment* and Capacity** (2021-2022 School Year)
*Enrollment is based on the New Hanover County Schools enrollment projections for the 2021-2022 school year.
**Capacity calculations were determined based on the projected capacities for the 2021-2022 school year, and
funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover
County Schools to the Board of Education in January 2021. This information does not take into account flexible
scheduling that may be available in high school settings, which can reduce the portion of the student body on campus
at any one time.
The recent facility needs survey that has been prepared by Schools staff indicates that,
based on NC Department of Public Instruction (DPI) student growth projections and school
capacity data, planned facility upgrades, combined with changes to student enrollment
patterns, will result in adequate capacity district wide over the next ten years if facility
upgrades are funded.
New Hanover County Strategic Plan
One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage
the development of complete communities in the unincorporated county by increasing
housing diversity and access to basic goods and services.
The proposed RUMXZ zoning district would allow for an increase in housing diversity and
the number of residences within one mile of community facilities, support services, and
convenience needs.
The proposed multi-family or condominium/attached housing types would allow for an
increase in housing diversity for the Hwy 421 community area, where the few existing
residences are all single family detached or mobile homes.
The subject property is located within one mile of existing basic goods and services, and the
number of residential units possible with the development would increase the number of
residents with convenient access. The uses allowed in the district could also allow for the
development of new community facilities, support services, and convenience needs.
Level
Total
NHC
Capacity
School
Projected
Enrollment of
Assignment
School
Capacity of
Assigned
School
w/Portables
Capacity of
Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 95% Snipes 420 502 84% None
Middle 108% Williston 841 688 122% None
High 93% New Hanover 1584 1648 96% None
Planning Board - December 2, 2021
ITEM: 2 - 2 - 14
Z21-16 Staff Report PB 12.2.2021 Page 15 of 20
Representative Developments
Representative Developments of I-2
Conceptual Development for RUMXZ District
Planning Board - December 2, 2021
ITEM: 2 - 2 - 15
Z21-16 Staff Report PB 12.2.2021 Page 16 of 20
Development in Downtown Wilmington East of the Subject Site
Context and Compatibility
While the area was zoned for manufacturing in the early 1970s, the 2016 Comprehensive
Plan recommends a mixture of commercial and moderate to high density residential uses.
The subject property is bordered by the Northeast Cape Fear River and vacant industrial
zoned property. East of the site, across the river, is zoned CBD. The proposed mix and
intensity of uses aligns with the existing development pattern along the riverfront in
downtown Wilmington.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 16
Z21-16 Staff Report PB 12.2.2021 Page 17 of 20
The following chart provides details on recent multifamily proposals approved in
Wilmington’s Central Business District (CBD):
Project Total Unit
Count
Parcel Size
(Acres)
Density
(units/acre)
Stories/Height
Riverplace 92 1.43 63.34 13 stories/146’6”
Flats on Front 273 5.7 52.5 4 & 5 stories
Sawmill Apartments 280 7.42 37.74 4 stories
Pier 33 286 4.8 59.58 6 stories
City Block Apartments 112 0.96 116.67 5 stories
The staff-initiated Riverfront Mixed Use Development text amendment in 2007 allocated
a maximum building height of 240 feet, including structured parking, for properties fronting
the Cape Fear or Northeast Cape Fear Rivers east of Highway 421, between the Holmes
Bridge and the Rhodes Bridge in unincorporated New Hanover County.
The proposed project will have a maximum height of 240 ft. as measured from the first
finished grade to the tallest point of the structure. The site is proposed to include a raised
pedestrian plaza that will be about 25 ft. above sea level. As a result, the structure height
proposed will be in line with what is possible across the river in downtown Wilmington,
where the portion of the CBD north of Red Cross St. and east of Water St. allows 240 ft.
above the natural grade of 11-49 ft.
The applicant’s October 2021 CAMA Minor Development Permit to remove the derelict
marine structures, vessels, and debris along the high ground areas to facilitate a pending
environmental assessment paired with the master development plan and the Terms and
Conditions document indicate the interest to remediate, preserve and restore the riverfront.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 17
Z21-16 Staff Report PB 12.2.2021 Page 18 of 20
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type Urban Mixed Use
Place Type
Description
Promotes development of a mix of residential, office, and retail uses at
higher densities. Types of uses encouraged include office, retail, mixed use,
small recreation, commercial, institutional, single-family, and multi-family
residential.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 18
Z21-16 Staff Report PB 12.2.2021 Page 19 of 20
Analysis
The subject property fronts the Northeast Cape Fear River and is located
east of Highway 421, between the Isabel Holmes Bridge and the Thomas
Rhodes Bridge in unincorporated New Hanover County. While the area has
generally retained its historical heavy industrial zoning, lands in the
unincorporated area along the river remain vacant and underutilized, while
the other side of the river, in downtown Wilmington, has developed as high
density commercial, office, service and residential uses.
The Comprehensive Plan classifies the property as Urban Mixed Use, which
is intended to promote the development of commercial services and
moderate to high density residential development. Multi-family residential
uses are preferred, and vertically integrated mixed uses are encouraged.
The Plan reflects the County’s long-term vision of developing the western
bank of the river so that it reflects the development pattern of downtown
Wilmington on the eastern bank. The Urban Mixed Use Place type is the
most urban and intensive outlined in the Comprehensive Plan, and while
structure heights of seven stories are typical for what is envisioned in these
areas, the Riverfront Mixed Use (RFMU) district adopted by the county in
2007 to support development of the western bank allows for up to 240 ft.,
including structured parking.
The design of the proposed planned development provides the type of land
use intended by the plan, with three vertically integrated mixed-use
buildings located at a strategic intersection. The height and intensity
proposed are in line with what is possible in downtown Wilmington, and the
project is designed to provide public amenities—a riverwalk and
pedestrian plaza—preserve natural resources, accommodate multi-modal
transportation, and provide for site resilience.
Consistency
Recommendation
The proposed RUMXZ rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the project provides for the types and mixture
of uses recommended for Urban Mixed Use places, reflects the
development pattern of downtown Wilmington, and is designed to take into
account the site’s environmental features.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 19
Z21-16 Staff Report PB 12.2.2021 Page 20 of 20
STAFF RECOMMENDATION
Because the proposed RUMXZ district is aligned with the county’s vision of development on the
western bank of the river reflecting the pattern of downtown Wilmington and it is designed to
protect existing environmental features and support future resilience, staff recommends approval
of this application and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning to an RUMXZ district. I find it
to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provides for the types and mixture of uses recommended for Urban Mixed Use
places, reflects the development pattern of downtown Wilmington, and is designed to take
into account the site’s environmental features. I also find recommending APPROVAL of the
rezoning request is reasonable and in the public interest because the proposal would benefit
the community by supporting the revitalization of the currently blighted and high-visibility
western bank of the Northeast Cape Fear River, supporting the existing downtown tourist
destination and long-term economic development of New Hanover County.
Example Motion for Denial
I move to recommend DENIAL of the proposed rezoning to an RUMXZ district. While I find
it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provides for the types and mixture of uses recommended for Urban Mixed Use
places, reflects the development pattern of downtown Wilmington, and is designed to take
into account the site’s environmental features, I find recommending DENIAL of the rezoning
request is reasonable and in the public interest because the proposal is not consistent with
the desired character for this area, the density and height will adversely impact nearby
properties, and the proposed project does not adequately mitigate the environmental
hazards present on the subject site.
Planning Board - December 2, 2021
ITEM: 2 - 2 - 20
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Zoning Districts
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I-2/ Undeveloped1100 Point Harbor RoadZ21-16
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
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Subject Site
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Planning Board - December 2, 2021
ITEM: 2 - 3 - 1
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I-2/ Undeveloped1100 Point Harbor RoadZ21-16
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
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Planning Board - December 2, 2021
ITEM: 2 - 4 - 1
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Mixed UseI-2 / Undeveloped1100 Point Harbor RoadZ21-16
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
1,000
Feet
Subject Site
Brunswick
County
City Of
Wilmington
Planning Board - December 2, 2021
ITEM: 2 - 5 - 1
APPLICANT
MATERIALS
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Planning Board - December 2, 2021
ITEM: 2 - 7 - 18
KFJ Development Group
The Villages at Battleship Pointe Community Meeting
The community meeting was held on September 29,2021 at 1001 Military Cutoff Road, Wilmington NC.
The public in attendance totaled 24 indviduals
A brief video of the development site was shown, by Kirk Pugh, Director of Marketing, along with
multiple poster sized exhibits of the current conditions on the site and renderings of the proposed
development.
The meeting was opened by Mr. James Lea, esq. who reviewed his 40-year history in Wilmington and
how the area has grown and matured. He talked about the downtown waterfront and the new
development to the north as great examples of the forward thinking of both the city and county leaders.
This was then followed by a presentation by Frank Pasquale, Technical Director of KFJ Development
Group, who provided a guide as to the riverfront situation on the site and the developments group
commitment to cleaning up the shorelines on both the Cape Fear River and the Cape Fear Rivers
Northeast Extension. The floor was then opened to questions the majority of which focused on the
development and cleanup schedule as well as financing of the project. One person mentioned that this
area has been the focus of development plans in the past whereby Mr. Pasquale explained that the
areas of concern from those past attempts have been mitigated by the growth in the region and the
expansion of potable water and sewer service to the west side of the river as well as the NCDOT’s
current plan to remove the traffic light at the base of the Holmes bridge. Several positive comments
were made by the public that cleaning up the riverfront is a priority for them and supported the project
as the mechanism to provide a clean natural shoreline while bringing the additional housing the
Wilmington metroplex so desperately needs. The question of Affordable Housing was raised and the
public was made aware that KFJ Development Group has a longer term plan for bring Affordable or
Workforce Housing to the west side of the river.
A variety of handouts explaining the scope and features of the project were provided for the public as
well as a sampling of the conceptual design to date.
The meeting lasted approximately 45 minutes.
Planning Board - December 2, 2021
ITEM: 2 - 7 - 19
Planning Board - December 2, 2021
ITEM: 2 - 7 - 20
Proposed Riverfront Urban Mixed Use Zone Terms & Conditions
KFJ Development Group LLC- 1100 Point Harbor Road
1. Conditions to approval of the application for the Riverfront Urban Mixed
Use zoning district classification:
a. The uses and density shall be in accordance with the Master
Development Plan and this Terms & Conditions document. Maximum
building heights shall be in accordance with the approved Riverfront
Urban Mixed Use District (RUMXZ) in place on the date of adoption.
Building height is defined as that measured from the base plate of the
building to the highest point on the roof, excluding antennas.
b. The use and development of the project with all applicable regulations
and requirements imposed by the New Hanover County Unified
Development Ordinance (UDO), and any other applicable federal, state,
or local law;
c. Approval of this rezoning does not constitute technical approval of the
site plan. Issuance of all required permits must occur prior to
construction commencing.
2. Reference to the RUMXZ, including any density/intensity standards,
dimensional standards, and development standards:
a. Maximum density permitted in the Riverfront Urban Mixed Use
(RUMXZ) District is unlimited for residential units in a vertically
integrated mixed-use building.
b. Proposed maximum density of combined residential and hospitality
units(which can be used for hotel/motel rooms or residential units) on
this master development plan is 1,183 or 141.8 units per acre.
c. Maximum of 56,500 square feet of commercial/nonresidential uses
(excluding hotel/motel units)
d. The project shall be developed in accordance with County, State, and
Federal building, and environmental regulations, including compliance
with current open space and storm water runoff requirements.
Planning Board - December 2, 2021
ITEM: 2 - 7 - 21
e. Riverfront shoreline is to be of a “living shoreline” design per all
applicable USACE and CAMA standards, except where a river ferry or
taxi dock is applicable. Approved bulkhead sheeting is permitted in the
dock area only. This project shall be developed and engineered in
accordance with all County, State, and Federal building, and
environmental regulations.
f. A Riverwalk length equal to a minimum of ninety percent (90%) the river
frontage is required in the RUMXZ district. The project will be developed
with a River walk length of a minimum of ninety-two (92%) of the river
frontage.
g. Sidewalks will be provided along one side of the roads within the
development at a width of six feet (6’) except where existing wetlands
preclude the six-foot (6’) width therein the widest sidewalk possible up
to six feet (6’) will be utilized.
h. Open space shall be a minimum of 25% of the site.
i. The Riverwalk will be privately maintained but for public use.
j. Walking paths that fully envelope the site to provide the ability to take
advantage of the restored environment of the site.
3. Conditions related to the approval of the RUMXZ plan, including any
conditions related to the form and design of development shown on the
Master Development Ordinance:
a. Vehicular access from the Riverfront Urban Mixed-Use site will be from
existing, street scaped Harbor Point Road;
b. Bicycle and Pedestrian access will be from Harbor Point Road;
c. Uses to be excluded from consideration in this application are as
follows: Dwelling, Dual-Unit attached; Dwelling, Quadraplex; Dwelling,
Single Family Detached; Dwelling Two-Family; and Dwelling, Row-Style.
d. River access will be available from a dedicated river ferry component via
the ferry dock;
e. The Riverwalk will be in place prior to the issuance of the first Certificate
of Occupancy for the second building constructed.
f. To the extent necessary to satisfy County and State standards additional
vegetation and fencing will be added in the buffer area of State Route
421.
Planning Board - December 2, 2021
ITEM: 2 - 7 - 22
4. Provisions addressing how transportation, portable water, wastewater,
stormwater management and other infrastructure will be provided to
accommodate the proposed development:
a. Transportation will be provided by access to a public right of way.
b. Potable water will be provided by Cape Fear Public Utility Authority
(CFPUA)
c. Wastewater will be provided by CFPUA.
d. Stormwater will be managed on site in accordance with NCDEQ and
CAMA restrictions and regulations, will comply with all County, State
regulations and any permit issued for the site. The engineers who will
design and implement the stormwater plan have not been selected to
date.
e. Infrastructure will be designed in accordance with the North Carolina
building and energy codes, all other applicable government regulations,
laws, and ordinances will be developed to be consistent with the
approved RUMXZ.
5. Provisions related to environmental protection and monitoring:
a. Any 404 wetlands and Costal Marsh determined to exist on the site will
be handled in accordance with all CAMA and USACE requirements. The
developer will comply with all applicable regulations, laws, and
ordinances from local, state, and federal sources with jurisdiction over
the site.
b. Flood related design and mitigation is outlined in the attached design
standard.
6. Any other provisions relevant and necessary to the development of the
Riverfront Urban Mixed-Use Zone in accordance with the applicable
standards and regulations:
a. All uses outlined for the RUMXZ district will be allowed, except as
outlined in Note #2 above.
7. Identify the proposed community benefits. They may include but are not
limited to, improved design, natural preservation, rebuilding and recharging
of the riverfront ecology, improved public access, improved transportation
access, mixed-used development, green building practices, and improved
riverfront access.
Planning Board - December 2, 2021
ITEM: 2 - 7 - 23
The community will benefit from the development contemplated herein for
the following reasons identified in the New Hanover County Unified
Development Ordinance.
a. Improved design: The use of architectural design that exceeds any
minimum standards established in the UDO or any other County
regulation, or the use of building design that projects a sleek
contemporary exterior mainly consisting of solar filtering glass, a
dedication encouraging pedestrian access from both the riverfront
and non-vehicular internal access, the design philosophy of a raised
first floor occupiable elevation to counter potential flooding issues,
and the developers dedication to the environmental and ecological
restoration of the riverfront. The location of the high-density
multifamily uses in the center of the site to promote easier resident
friendly access to lifestyle amenities without additional vehicle trips.
b. Natural Preservation: The preservation of sensitive lands such as
natural habitats, natural features, or landscaping that exceed the
requirements of this UDO, located throughout the site. The cleanup
of the riverfront along with the recharging of the riverfront through a
natural living shoreline philosophy. The general site cleanup which
includes a “Brownfield” regulated raw site remediation will combine
to create a site which will exceed the “as is” condition existing and
serve as a model of the County’s commitment to the smart well
thought out rebirth of the west bank of The Cape Fear River.
c. Improved access for vehicles and county residents: The
combination of the River Ferry, which provide additional connectivity
to and from the development will allow for the public to benefit from
this development without additional vehicular trips.
d. Mixed Use Development: The proposed development will have a
mixture of residential and commercial uses within the property
boundaries, integrated through primarily pedestrian paths to
promote interconnectivity. Integration is primarily vertical, but there
is a substantial horizontal mixed-use structure included in the
proposed development plan.
Planning Board - December 2, 2021
ITEM: 2 - 7 - 24
e. Additional to the health and economy of the citizens and visitors of
the county. The proposed development would be an example of
successful High Density intelligent and environmentally sensitive
mixed-use philosophy by repurposing a current inactive polluted
industrial site into an example of the growth and maturity of the New
Hanover County market. This project is designed to add substantially
to the commercial and residential floorspace in the county while
providing for the environmental remediation of the area’s most
valuable resource, The Cape Fear River. Additionally, this project
expands greatly services and amenities to a current barren section of
the county while seamlessly integrating into the Future Master Plan
of the County.
While specific tenants have not been determined, it is the developers
desire to include multiple and varied dining establishments, a
premiere full-service hotel, grocery store, multiple car-charging
stations, lifestyle amenities and a vibrant active riverfront with open
spaces and a marine amenity where today there is none.
Planning Board - December 2, 2021
ITEM: 2 - 7 - 25
ATACHMENT A
Strategies and Mitigation of Flood Waters of the Cape Fear River
While there are a multitude of strategies and design, both active and passive, for dealing with potential
raising river levels two issues drive the strategy adopted for The Villages at Battleship Pointe. These
issues are first the rate of occurrence and second the amount or level of the event. The Villages location
at the confluence of both the Cape Fear and Northeast Cape Fear will inevitably experience both minor
rising river levels from lunar high tides and minor storm events and while less frequent rising river levels
due to major storms that frequent the area. This simple fact causes concern for any development on the
riverfront and a design strategy must be adopted to mitigate the effects of any event. The site
topography, as a first step, must be considered as part of the overall mitigation design. The current site
sits approximately 9’ above sea level, we due to the environmental contamination on the site, are
estimating adding another 2’ of fill as part of the Brownfield cleanup process. This will provide a base
elevation of approximately 11’ above sea level. The next decision point in any design approach is the
type of flood control system best suited to this particular site for this development. The approach we
have embraced is considered passive, meaning a natural non mechanical systematic philosophy for
dealing with the potential flood waters. This systematic approach must be designed into the project
from the initial conceptual thought process to the final utilization, grading and landscaping, of the site.
The design we have chosen is considered the oldest, simplest and most reliable design that has been
proven over multiple centuries worldwide. The major component of this approach is to provide paths
for the flood waters to invade the site and transect the site without creating any damage to the physical
site components. We can look to examples of this philosophy within our own county that successfully
have been employed to focus any flood waters and allow its unrestricted flow for those waters to
transect the property without creating major destruction. The area of Blue Clay Rd and Old Dairy Rd
currently has a federally documented spillway or flood channel that has for decades successfully
prevented and major flooding in the area. We can also look on a more macro scale at cities such as
Phoenix, Los Angeles, and San Diego for examples of a comprehensive successful static flood mitigation
designs. These systems require little to no maintenance are not objectionable or unsightly to the
community and effectively prevent the occurrence of any major damage to the properties they have
been designed to protect. The Villages project has been designed around the central principle that by
allowing, then directing any potential flood waters though the site, the amount of damage to the project
can be easily controlled. Historically this particular property has not experienced and major flooding
over the last 4 to 5 decades according to the patriarch of the family that has owned it during that time.
Additionally, we have documented fact that the highest flood level recorded to date by, NOAA is 9.03
feet on 8/4/2020. This level was recorded at a NOAA station located approximately ½ mile down stream
on the west shore of the Cape Fear River. This along with the NOAA, Advanced Hydrologic Prediction
teams anticipated 3.85 foot increase in Cape Fear River rise in river level by 2050 supports that the
effect of flooding either major or minor on this site is minimal at best. The design team however has
Planning Board - December 2, 2021
ITEM: 2 - 7 - 26
taken the further step of designing a multifunctional pedestal type support system for the actual
pedestrian area of the site that can not only sacrifice up to 10’ of additional elevation available for
accommodating any river level rise and minor flood event without impact to the occupied area of the
site but in the event of a catastrophic flood event an additional 25 feet of elevation is available to
protect the physical site and its occupants. Further, currently Point Harbor Road the major ingress and
egress avenue into the site historically experiences water coverage at approximately 6.5 feet of river
level rise. The developers have been granted control of a major section of Point Harbor Rd by NCDOT
and as part of the encroachment agreement calling for roadway improvements and resign, plan to raise
the roadway by an additional 3.5 feet.
Planning Board - December 2, 2021
ITEM: 2 - 7 - 27
PUBLIC COMMENTS
OPPOSITION
Planning Board - December 2, 2021
ITEM: 2 - 8 - 1
1 | Page
Mr. Carl L. Parker, President
Brunswick County Branch #5452
Ms. Deborah Dicks Maxwell, President
New Hanover County Branch #5424
November 17, 2021
Rebekah Roth, CZO, AICP
Planning Director,
New Hanover County
230 Government Center Dr
Suite 110
Wilmington, NC 28403
Subject: NAACP Opposition to Case # Z21-16 and Case # TA21-04
Dear Ms. Roth,
Our local NAACP Environmental and Climate Justice Committee has an active focus on using
building regulations to support more sustainable communities. Quoting our former Senior
Director of Environmental and Climate Justice, Jacqui Patterson. “Our [NAACP] aim as the
nation’s oldest and largest civil rights organization is to be a beacon of inspiration and
transformation in centering equity in the sustainable building sector. In doing so, we can catalyze
the building of a bigger, broader tent for the sustainable building movement, towards the
betterment of the building users, the communities, the economy, and the planet.”
With that, we are deeply concerned and adamantly opposed to a recent proposed development
that has been presented to your New Hanover County Planning Board as “Case #: Z21-16,
Application Type: Rezoning, Applicant: KFJ Development Group, LLC, on behalf of DBDL, LLC,
Location: 1100 Point Harbor Road, Description: Request to rezone ~8.34 acres to RUMXZ, Current
Zoning: I-2, Proposed Zoning: RUMXZ”
We also express our opposition to “Case #: TA21-04, Application Type: Text Amendment,
Applicant: KFJ Development Group, Description: Request by KFJ Development Group to amend the
Unified Development Ordinance to establish a new zoning district, RUMXZ.”
We understand the important role that you, as community planners, play in advocating for the
economic, social, environmental health and well-being of our citizens. We also understand that
your decisions will establish and foster the unique character of our community for generations
to come. With that, we also understand that you have an important and essential duty to make
us all aware of the potential hazards that could influence our Planning Board’s and County
Commission’s objective decision-making process. This awareness is especially critical when our
Planning Board and County Commission may not have ready access to resources needed to make
these critical and timely decisions.
Planning Board - December 2, 2021
ITEM: 2 - 9 - 1
2 | Page
We deeply appreciate your allowing our public participation into your decision-making process.
Please know that information that we offer to you at this important decision point include current
scientific and technical knowledge specific to our opposition to Case # Z21-16 and Case # TA21-
04.
Many in our region are still recovering from Hurricanes Matthew, Florence, and Isaias. From our
first-hand experience we have seen and intimately understand the ravages of hurricanes, floods,
and abnormal tidal fluctuations. Many of our citizens and community decision makers responded
bravely to these emergencies but we were all caught off guard by and unaware beforehand about
the expected frequency and magnitude of these life changing impacts and damaging weather-
related risks. Some of these responders may have assumed they understood the potential of
wind and tornado hazards from these hurricanes but forgot about the inherent risk that existed
due to the geography of our area. We as a people have a lot yet to learn about these risks and
uncertainties.
In June of 2020, North Carolina published the North Carolina Climate Risk Assessment and
Resilience Plan. In the forward of that plan, Governor Cooper provided this stark warning, “The
latest climate science underscores what we already know firsthand. There will be increased
temperatures, continued sea level rise, more precipitation, more intense hurricanes, more severe
thunderstorms, and more storm surge flooding.”
The collaboration of scientists, engineers, and educators came together to help our elected
leaders, citizen decision-makers and the public better understand what natural and man-caused
hazards we face that exist in our area so that we can better plan, prepare and mitigate them.
Here are some key findings from the experts who developed that plan:
Section C - Climate Hazards Facing North Carolina.
Heavy Precipitation and Storms:
• Heavy precipitation accompanying hurricanes and other weather systems is likely to increase,
thus increasing the potential for flooding in inland and coastal areas.
• Energy infrastructure located along inland watersheds and coastal areas will be further subject
to changes in river discharge and flooding from heavy precipitation events.
• Heavy precipitation from more intense and frequent storms can cause significant damage to
public and private structures such as homes, roads, utility services, etc.
• Vulnerable populations are most at risk of flooding and may have difficulty evacuating when
necessary.
Coastal Flooding and Coastal Erosion:
• It is virtually certain1 that sea level along the North Carolina coast will continue to rise due to
expansion of ocean water from warming and melting of ice on land.
• It is virtually certain1 that rising sea level and increasing intensity of coastal storms will lead to
an increase in storm surge flooding in coastal North Carolina.
• High tide flooding will be a near daily occurrence at some points along the coast in the future.
Planning Board - December 2, 2021
ITEM: 2 - 9 - 2
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• Cultural resources in fixed locations are inherently sensitive to flooding and it is difficult to
reduce sites’ exposures to flooding.
• Sea level rise and flooding will limit available land that is in high demand for both human
(economic) and ecosystem services.
• More frequent coastal flooding will impact coastal habitats, fisheries, and the protective services
that natural areas provide to local communities.
• Increased storm surges will erode shorelines and kill vegetation in maritime grasslands, tidal
marshes, estuaries, lower reaches of coastal plain rivers, and low-lying wetlands near estuaries.
• Coastal erosion will reduce habitat for freshwater tidal wetlands, maritime uplands, and
maritime wetlands.
• Endangered and threatened species that are vulnerable to storm surge and erosion on beaches
are likely to decline.
• Coastal erosion will leave properties further at risk of flooding and storm damage, due to land or
natural buffers being lost.
Hurricanes:
• Intensity of the strongest hurricanes is likely to increase with warming of the oceans and
atmosphere, leading to greater damage to people, communities, our economy and natural
resources from more intense hurricanes and accompanying flooding and precipitation.
• More intense hurricanes will further damage wetlands and natural barriers which help to protect
infrastructure and communities from storm surge, increasing the vulnerability to subsequent
storms.
• Stronger hurricanes will destroy or damage public and private buildings and property.
Inland Flooding:
• Increases in extreme precipitation is likely to increase inland flooding in North Carolina.
• Inland communities across the state are at risk from flooding due to extreme precipitation and
outdated and/or undersized storm drainage infrastructure.
• Increased inland flooding caused by extreme precipitation events will further increase economic
and agricultural losses after a flooding event.
• More frequent flooding will impact inland habitats, fisheries, and the protective services that
natural areas provide to local communities.
• Flooding will continue to damage archaeological and historic sites on floodplains across all three
physiographic regions and within every river basin in the state.
• Increased or more frequent flooding may inundate and potentially destroy more cultural
resources
Ecosystems and Habitat Loss:
• Harmful algal blooms may increase due to warmer temperatures.
• Loss of organisms that rely on calcium-based shells such as oysters and clams, and organisms
dependent upon them for food or habitat will be harmed by ocean acidification.
• Loss of wetlands due to sea level rise will result in habitat losses that will impact both
commercial and recreational fisheries, decrease buffering capacity, adversely impacting water
quality, and reduce the resilience of coastal communities.
Saltwater Intrusion:
• Higher water levels due to sea level rise threaten otherwise productive land, leading to
agricultural and economic losses.
• Increased saltwater intrusion due to sea level rise is expected to change the salinity of estuarine
communities and to convert lower coastal floodplains from swamp forest to wetlands.
Planning Board - December 2, 2021
ITEM: 2 - 9 - 3
4 | Page
• Saltwater intrusion due to climate change will make drinking water from both groundwater and
surface waters more vulnerable to contamination and/or expensive to treat and secure.
• Intrusion in freshwater sources can cause crop yields to decline and farmland to be unsuitable for
growing crops due to high salinity and less available freshwater, leading to a loss of revenue in
agriculture.
We also cite a very important research letter presented in the Port of Wilmington’s Wilmington
Harbor, North Carolina, Navigation Improvement Project Integrated Section 203 Study &
Environmental Report dated February 2020 titled: The Effect of Channel Deepening on Tides and
Storm Surge: A Case Study of Wilmington, NC: The Alteration of Tides and Storm Surge.
The final sentence of this document states, “In the future, local depth changes due to accelerating
sea level rise [Church et al., 2013] and additional development may further alter storm surge
characteristics and flood hazard.”
It is extremely hard to imagine that in the face of such daunting conclusions, as presented by our
science, economic and engineering experts, that any proposed development, Planning Board
member, County Commissioner, financial backer, insurance provider, or citizen/taxpayer would
ever consider making an objective decision to allow new “intense” development in an active
FEMA designated floodplain such as presented for your consideration and decision in Case # Z21-
16 and Case # TA21-04.
Our opposition is not only based on the findings contained in the North Carolina Climate Risk
Assessment and Resilience Plan. We also present for the Planning Board, County Commission and
your consideration and decision-making process the volumes of reports, research,
recommendations, and facts that support our position.
NC-specific plans and resources:
• Southeastern North Carolina Regional Hazard Mitigation Plan (Updated January 2021)
• NC Green Growth Toolbox Handbook
• NC Coastal Federation Living Shorelines Website
New Hanover County/Brunswick County-specific documents:
• Community Resilience Pilot Project for Wilmington, NC (2013): Developed in coordination with
New Hanover County and contains important information related to the impacts of sea level rise,
vulnerability, and implementation mitigation strategies.
• Sea Level Rise Hazard Assessment for New Hanover County, NC (2016): Publication in UNC-W's
Explorations: The Journal of Undergraduate Research and Creative Activities for the State of
North Carolina.
• Final Restoration Plan and Environmental Assessment for the Kerr-McGee Superfund Site:
Tools for identifying and mapping locally relevant hazards:
• NOAA's Storm Events Database
• NC Emergency Management Digital Elevation Models (DEMs)
• The Climate Explorer (U.S. Climate Resilience Toolkit)
• Locally Relevant Sea-Level Rise Projections (Legacy Sentinel Site Cooperative Program)
Planning Board - December 2, 2021
ITEM: 2 - 9 - 4
5 | Page
• Carolinas Precipitation Patterns and Probabilities (CP3) (NOAA Carolinas Integrated Sciences and
Assessments)
• NC Flood Inundation Mapping and Alert Network (NC Floodplain Mapping Program)
• USGS Coastal Vulnerability Index
• TNC's Coastal Resilience Mapping Portal for NC
• Climate Central's Surging Seas Risk Zone Map
• NOAA SLR Viewer
• CDC Social Vulnerability Index
• 2019 Census Community Resilience Estimates for Equity and Disasters
Other guidance and best practices that might be relevant:
• Smart Growth Fixes for Climate Adaptation and Resilience: Changing Land Use and Building
Codes and Policies to Prepare for Climate Change
• Approaches to Viewshed Protection Around the Country, Nation Trust for Historic Preservation
• Connecticut Office of Legislative Research Report Regulating Scenic Views
Additionally, it is our opinion that this proposed development and text amendment is in direct
conflict with New Hanover County’s Unified Development Ordinance, Article 9. More specifically,
this development proposal does not address the fact that the “cumulative” risk factors caused by
upstream flooding events coupled with storm surge and sea level rise which, within the life
cycle of this proposed project, will pose extreme danger to health, safety, and property due to
water and erosion hazards. This phenomenon is referred to as compound flooding refers and
occurs when two or more flooding sources occur simultaneously or subsequently within a short
period of time. The Lower Cape Fear River is vulnerable to storm surge from tropical cyclones,
heavy rainfall, and sea-level rise. While any of these flooding sources can cause flooding, a
combination of these sources can lead to higher inundation levels and extents along the entire
reach of the river from the Atlantic Ocean upstream to the Wilmington area. Higher inundation
levels not only threaten the lives, property and numerous businesses located in and around this
zone but can also cause the additional burden of water pollution.
In terms of coastal flooding, a compound flooding event is flooding caused by the interaction of
the open ocean, atmosphere, and watersheds. The most common type of coastal compound
flooding—a combination of storm surge and riverine flooding—can produce floodwaters that are
longer in duration and more widespread than anticipated.
We cannot emphasize enough that this proposed project is sited within an active FEMA
designated floodplain. Because of this, it will be vulnerable to floods, storm surge and sea level
rise, not only at the time of initial construction, but throughout its entire lifecycle.
While the developer offers a USACE type “living” or “non-structural” shoreline strategy, the
USACE living shoreline strategy is specifically intended to protect coastal wetlands from natural
and man-made threats. This proposed development is man-made and represents a real threat
to the existing natural wetlands and the FEMA designated floodplain at the Peter’s Point site.
Furthermore, the living shoreline strategy was developed and designed to help filter pollutants
Planning Board - December 2, 2021
ITEM: 2 - 9 - 5
6 | Page
from stormwater runoff and protect or reduce inland damage from constant wave action, storm
surges and tides. Nowhere in the submittals for the development can we find any attempt to
offer remediation, restoration or mitigation for flood events that cause natural alterations or
degradation of wetlands, adjacent floodplain, stream channels, and natural protective barriers,
resulting from floodwaters, storm surge and/or sea level rise over the lifecycle of this proposed
project.
The construction of this proposed project would present a large physical obstruction in the
middle of an active FEMA designated floodplain. Such obstructions will unnaturally divert flows
from upstream flood events, storm surge and sea level rise. This, in turn, may increase the
likelihood of exacerbating local flood hazards to nearby lands such as Wilmington’s Waterfront
area and USS North Carolina Battleship Park.
There is ample documentation, both locally and nationally, that construction in floodplains, such
as being proposed by this project, will dramatically increases expenditure of public tax money for
costly flood control projects, flood damage recovery, post-disaster cleanup, water, sewer, gas
mains, stormwater, streets, transportation infrastructure repair and replacements, and
floodplain restoration. And tragically, the costs borne by the taxpayers to recover from these
ever-increasing disasters impact minorities and low-income residents the hardest.
We are concerned that disparities in disaster preparedness and protection will only become more
significant as our climate continues to change from the impacts of global warming, prompting an
increase in the number and diversity of extreme weather events and sea level rise.
Morphologically, Peter Point uniquely presents itself as a hydraulically significant and
problematic “funnel point” at the confluence of the Northeast reach and main courses of the
Cape Fear Rivers. As stated earlier, this section of the Cape Fear River is an extremely active and
fully functioning FEMA designated floodplain which now experiences greater more intense
flooding characteristics due to the impacts of sea level rise, storm surge and flood runoff from
heavy rains. More and more we are frequently witnessing local flood water inundation in and
around low-lying areas of the downtown Wilmington and nearby coastal communities.
The hydraulics and hydrodynamics of the Cape Fear River coupled with storm induced surging
Atlantic Ocean waters up the dredged Cape Fear River exposes Peter Point to significant and
potentially catastrophic flood risks in the future. It is a moral and social imperative that we do all
that we can to ensure that we preserve and protect our fragile wetlands and floodplains from
further negative anthropogenic impacts.
Flood events greater than 5.5 feet, as recorded by the National Weather Service tidal gauge at
the foot of the Cape Fear Memorial Bridge, are clearly sending us a warning message: 6 flooding
events in the 1940s; 4 flooding events in the 1950s; 101 flooding events in the single year of 2018;
and 142 flooding events November 1, 2018 – August 31, 2019.
Planning Board - December 2, 2021
ITEM: 2 - 9 - 6
7 | Page
Floodplains are named as such for one simple reason, they flood . . . that is one of their prime
nature driven design functions. Who are we to destroy this critical gift?
Sadly, we are now learning the hard and expensive lessons of what happens when we knowingly
or unknowingly mistreat our fragile water resources and watersheds. Our citizens are now
experiencing the gradual deterioration of our Cape Fear River environment due to the pollution
of our drinking water, saltwater intrusion, stronger surge flow and increased high tide flooding
and channel deepening, degradation of ecosystem habitat, loss and destruction of significant
historical cultural areas and developments that lobby for “intense” buildout in our fragile
wetlands and floodplains.
However, there is also great hope in the wisdom and knowledge presented in the North Carolina
Climate Risk Assessment and Resilience Plan and other references cited above. If we take the
time to better understand the risks and uncertainties associated with our changing climate it can
and will lead us to develop more resilient, common sense planning responses.
Finally, we would be remiss if we didn’t mention the importance of preserving, protecting, and
celebrating the history, culture and heritage of past generations that have lived, toiled, and tied
their very existence to our Lower Cape River. In the proposed text amendment cited in Case #
TA21-04, there is a reference to “Preserve cultural and natural resources”. Unsure of the context
of that point of reference, we explored the New Hanover County Planning and Land Use
Comprehensive Plan, under “Historic & Archaeological Resources.” In that subsection of the
Comprehensive Plan there was a single document titled “Historic Architecture of New Hanover
County North Carolina” dated November 1986. This document specifically focused on the historic
architectural resources of New Hanover County. However, we could find no evidence of the
history of the numerous rice plantations that shaped and reshaped the Lower Cape Fear River
geography and economy. Prior to the Emancipation Proclamation of 1863, these large number
of plantations made Wilmington one of more affluent communities along the Atlantic Coast with
its wealth built primarily on slave labor – the Gullah Geechee people. The remnants of these old
rice fields still exist in many locations along the river, especially in and around the northern
portions of Eagles Island. We are so fortunate that the historical artifacts of these rice fields now
serve a second life as important nursery sanctuaries for fish and shellfish.
In 2006, Congress recognized the contributions made by the Gullah Geechee, by establishing the
Gullah/Geechee Cultural Heritage Corridor (Public Law 109- 338), Gullah/Geechee Cultural
Heritage Act, passed by Congress on October 12, 2006. Congress has declared the Gullah Geechee
Corridor as a National Heritage area, one of fifty-five (55) authorized heritage areas in the
country. The geographic footprints of New Hanover and Brunswick Counties reside entirely
within that corridor.
Planning Board - December 2, 2021
ITEM: 2 - 9 - 7
8 | Page
The Corridor was created to:
• Recognize, sustain, and celebrate the important contributions made to American culture
and history by African Americans, known as the Gullah Geechee, who settled in the
coastal counties of South Carolina, Georgia, North Carolina, and Florida.
• Assist state and local governments and public and private entities in South Carolina,
Georgia, North Carolina, and Florida in interpreting the story of the Gullah Geechee and
preserving Gullah Geechee folklore, arts, crafts, and music.
• Assist in identifying and preserving sites, historical data, artifacts, and objects associated
with Gullah Geechee people and culture for the benefit and education of the public.
The Peter’s Point location, as well as the adjacent Eagles Island area, is well documented as
having significant historical and cultural heritage value. There is an exceptional opportunity to
preserve, protect and celebrate the history, culture, and heritage of our people’s connection to
the Lower Cape Fear River and Peter’s Point is a great place to begin that celebration for New
Hanover County.
We feel that it is vitally important, now more than ever, for planners to develop more sustainable
solutions for the protection and preservation of our environment, history, culture, and heritage.
With the forces and pressures of rapid growth to develop our scarce watershed resources, we
recommend that the leaders of New Hanover County government take a more serious second
look at the identified risks and uncertainties of developing the Peter’s Point property. We
encourage a more realistic and sustainable solution for the best usage of this property like
“climate adaptive low impact development.” This type of development is truly a sustainable
alternative because it meets the criteria of sustainability both environmentally, socially, and
economically. It also reduces the cost of providing community services. Climate adaptive low
impact development improves water quality and promotes natural habitats which provides
significant benefits to our environment. Socially, it increases recreational activities, preserves,
and protects culturally sensitive sites and improves health through cleaner surroundings. Its
economic benefits include a dramatic reduction of future costs for flood damage recovery all
while increasing local property values and local tourism. One example of this is Maryland’s
Climate Action Plan, the first component of a two phased strategy for adapting to sea level rise
and coastal storms, specifies the extreme vulnerability of coastal wetlands and identifies the
need to adapt to future conditions and “direct existing land conservation programs… to consider
the use of conservation easements and other land conservation initiatives as a means to protect
key coastal areas vulnerable to sea-level rise and to provide sufficient lands for wetland
migration.”
We here in the Lower Cape Fear River area are blessed with an abundance of natural beauty and
distinctive community venues. While scenery is important to the overall quality of our area,
scenic vistas and viewsheds are often destroyed during rapid change, both in the natural and
built environments. Identification and protection of these assets is an important component of
smart growth and scenic stewardship.
Planning Board - December 2, 2021
ITEM: 2 - 9 - 8
9 | Page
Our scenic area along the Cape Fear River watershed represents a natural gift with substantial
benefits, such as higher property values and increased tourism revenue. Protecting our scenic
vistas and viewsheds from the effects of haphazard development would allow our community to
preserve its unique charm, build civic pride, and attract positive growth to the area.
By designing “climate adaptive low impact development” with floodplains, instead of on top of
them, we can dramatically mitigate risks of flooding and property damage and more importantly
reduce economic and public health impacts as well.
It is our sincere hope that you are as serious and concerned as we are about the decisions you
will be asked to make on these two proposals. We believe that we have presented sufficient
evidence that this proposed development, or any other similar type of development with this
floodplain is just not a suitable or justifiable alternative.
Sincerely,
Footnote:
1. Report defines Virtually Certain = 99 - 100% probability of outcome
__________________________________
Carl Parker, President
NAACP - Brunswick County Branch #5452
P.O. Box 364, Supply, NC 28462
______________________________________
Ms. Deborah Dicks Maxwell, President
NAACP - New Hanover County Branch #5424
PO Box 2199, Wilmington, NC 28402.
Planning Board - December 2, 2021
ITEM: 2 - 9 - 9
10 | Page
Email Copy furnished to:
Donna Girardot, Chair, New Hanover County Planning Board
Paul D. Boney, Vice-Chair, New Hanover County Planning Board
Ernest W. Olds, New Hanover County Planning Board
Jeffrey B. Petroff, New Hanover County Planning Board
H. Allen Pope, New Hanover County Planning Board
Thomas “Jordy” Rawl, New Hanover County Planning Board
Colin J. Tarrant, New Hanover County Planning Board
Julia Olson-Boseman, Chair, New Hanover County Board of Commissioners
Deb Hays, Vice Chair, New Hanover County Board of Commissioners
Jonathan Barfield, Jr., Commissioner, New Hanover County Board of Commissioners
Bill Rivenbark, Commissioner, New Hanover County Board of Commissioners
Rob Zapple, Commissioner, New Hanover County Board of Commissioners
Chris Coudriet, New Hanover County Manager
Mayor Bill Saffo, City of Wilmington
Mayor Pro-tem Margaret Haynes, City of Wilmington
Neil Anderson, Councilman, City of Wilmington
Clifford D. Barnett, Sr., Councilman, City of Wilmington
Kevin O'Grady, Councilman, City of Wilmington
Charles H. Rivenbark, Jr., Councilman, City of Wilmington
Kevin Spears, Councilman, City of Wilmington
Wilmington Metropolitan Planning Organization
Southern Environmental Law Center
League of Women Voters of Lower Cape Fear
Cape Fear Resource Conservation & Development
Cape Fear River Watch
Cape Fear River Assembly
Cape Fear Arch
Cape Fear Sierra Club
Carolina Wetlands Association
NC League of Conservation Voters
NC Wildlife Resources Commission
NC Sea Grant
NC Coastal Land Trust
NC DOT District 3
NC Policy Watch
NC Coastal Federation
American Rivers
Bald Head Island Conservancy
Earth Justice National Resource Defense Fund
Audubon North Carolina Island Wildlife - Cape Fear Region NAACP Legal Defense Fund
The Nature Conservancy UNCW UNCW Geology UNCW Oceanography CleanAIRE NC Surfrider Wilmington
Planning Board - December 2, 2021
ITEM: 2 - 9 - 10
COMMENT ON CAPE FEAR RIVER WEST BANK DEVELOPMENT
Pat Marriott
22-year resident of Wilmington
Everyone who has decision-making authority over West Bank developments should be
REQUIRED to visit Savannah, to see what that otherwise beautiful riverfront city has done with
its own “West Bank.”
When “urban renewal” was all the rage in the 1950s and 60s, Savannah’s city fathers and
mothers firmly resolved to preserve the quaint beauty of their historic downtown. The parks,
squares, cobblestone streets, residences, and notable historic buildings are still there to admire.
But in 2000 they built a gigantic convention center directly across the river. And now,
inevitably, they’re fixing to expand it!
During the same “urban renewal” period, Wilmington (like so many other historic cities) was
busy tearing down beautiful old structures – indeed, whole city blocks – and replacing them
with parking lots and truly ugly new buildings. Remember the horrid Wachovia Bank at Front
and Princess? It finally bit the dust, but now it’s an eyesore of another kind. Once things get
built, it’s mighty hard to rectify the error.
To our credit, we’ve caught on to historic preservation – but much too late. And very much to
our credit, we’ve preserved the other side of the river.
Downtown Wilmington is still mighty beautiful, particularly right along the river. Our national
award-winning boardwalk offers stunning views of the pristine West Bank, anchored and
sanctified by the stately USS NORTH CAROLINA, our state’s World War II memorial.
But development will have its way. We’ve already lost river views from much of downtown,
due to new multi-story residential buildings on the riverfront. And it’s all too easy to see how
the astoundingly beautiful river view that remains – the West Bank – could be lost forever due
to development.
Planning Board - December 2, 2021
ITEM: 2 - 10 - 1
Here’s a view of the Cape Fear River from downtown Wilmington:
Here’s a view of the Savannah River from downtown Savannah:
Is it necessary to say more? Once development starts, it will continue. And once things are
built, they are there to stay.
This is your opportunity to say, with no false sentimentality, “Things will never be the same.”
Ask yourself if development across the river is what our historic city – so greatly praised for its
beauty and livability in the national magazines – really needs.
I began this note by saying anyone with decision-making authority should be REQUIRED to visit
Savannah. The pictures begin to show what development can do to a river view. But don’t take
the pictures as authoritative. Please GO TO SAVANNAH AND SEE FOR YOURSELF before
approving any development across the river from downtown Wilmington.
Then please do the right thing for generations of Wilmingtonians and tourists!
Planning Board - December 2, 2021
ITEM: 2 - 10 - 2
Planning Board - December 2, 2021
ITEM: 2 - 11 - 1
Planning Board - December 2, 2021
ITEM: 2 - 11 - 2
Planning Board - December 2, 2021
ITEM: 2 - 11 - 3
Planning Board - December 2, 2021
ITEM: 2 - 11 - 4
Planning Board - December 2, 2021
ITEM: 2 - 11 - 5
Planning Board - December 2, 2021
ITEM: 2 - 11 - 6
Planning Board - December 2, 2021
ITEM: 2 - 11 - 7
PROPERTY
COMMENTS
NEIGHBORING
Planning Board - December 2, 2021
ITEM: 2 - 12 - 1
Planning Board - December 2, 2021
ITEM: 2 - 13 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/2/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor
CONTACT(S): Ken Vafier; Rebekah Roth, Planning & Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z21-15) - Request by Thompson Thri6 Development, Inc., applicant, on behalf of ARFA
Holdings, LLC, property owner, to rezone approximately 20.5 acres of land located at 6124 Carolina Beach Road
from B-2, Regional Business District, to (CZD) RMF-M, Residen@al Mul@-Family Moderate Density District, in order
to develop a mul@-family project.
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 20.5 acres of land located at 6124 Carolina Beach Road from B-2
to (CZD) RMF-M in order to develop a 300 unit mul6-family project. The proposed development consists of 15 20-unit
buildings on the parcel, which is bounded to the east by Carolina Beach Road, just south of Sanders Road and the Beau
Rivage shopping center. The proposed plan also incorporates associated parking and bay garages, amenity areas, and
stormwater management. Building heights are proposed at a maximum of two stories and 45’, and the proposed
density for the project is 14.6 units per acre.
The site is proposed to be accessed via two points to Carolina Beach Road which will be restricted to right-in/right-out
movements. A le<-over from northbound Carolina Beach Road is proposed at the northern access point to the site,
while a shared through/right turn lane is proposed along the Carolina Beach Road frontage. As currently zoned, it is
es6mated the site would generate about 150 AM peak hour trips and 610 PM peak hour trips if developed with an 18%
building footprint typical for proper6es with B-2 zoning. A Traffic Impact Analysis (TIA) was conducted for the
proposal and es6mated a trip genera6on of approximately 153 trips during the AM peak hour and 176 in the PM peak
hour, which results in an approximate increase of 3 AM peak hour trips and an approximate decrease of 434 PM peak
hour trips compared to the typical development paBern of the site under the exis6ng B-2 zoning district.
Based on the current general student genera6on rate, the proposal would result in approximately 66 addi6onal
students than would be generated under current zoning. The general student genera6on rate provides only an
es6mate of an6cipated student yield as different forms of housing at different price points yield different numbers of
students. Please refer to the Schools sec6on included in the staff report for addi6onal informa6on on school
enrollment and capacity.
While the area was zoned for commercial development along a major arterial in the early 1970s, the 2016
Comprehensive Plan recommends mul6-family or higher density single family development paBerns, and a mixture of
uses can be provided via adjacent tracts or when separated by lower traffic local or collector roads. The subject
property is one of several undeveloped tracts along Carolina Beach Road, a major road corridor. The property is
located south of a commercial node serving residents in this area, and is a loca6on an6cipated to serve as a transi6on
from single-family detached land uses west of the site to Carolina Beach Road.
Planning Board - December 2, 2021
ITEM: 3
The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for
the type of housing diversity that is recommended in the Urban Mixed Use place type, the residen6al densi6es are in-
line with those recommended within this place type, and the project will provide addi6onal housing in close proximity
to exis6ng and future commercial development serving nearby residents.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Based on the recommended uses and intensity for Urban Mixed Use places, the context and compa6bility with the
immediate surrounding area, and consistency with the New Hanover County Strategic Plan, staff recommends
approval of this applica6on and suggests the following mo6on with the applicant’s proposed condi6ons:
I move to recommend AP PROVAL of the proposed rezoning to a (CZD) RMF-M district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the
types and mixture of uses recommended in the Urban Mixed Use place type and the residen6al densi6es are
in-line with those recommended for the property. I also find recommending APPROVAL of the rezoning
request is reasonable and in the public interest because the proposal would benefit the community by providing
diverse housing op6ons. The proposal also provides a transi6on from adjacent single-family residen6al
development to the west, will provide addi6onal housing in close proximity to exis6ng and future commercial
development serving nearby residents.
Applicant's proposed condi6ons:
1. Maximum building height shall be forty-five feet (45’) and two (2) stories
2. Maximum unit count shall be three hundred (300) units.
Alterna@ve Mo@on for Denial
I move to recommend DENIAL of the proposed rezoning to a (CZD) RMF-M district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for
the types and mixture of uses recommended in the Urban Mixed Use place type and the residen6al
densi6es are in-line with those recommended for the property, I find recommending DENIAL of the
rezoning request is reasonable and in the public interest because the proposal is not consistent with the
desired character of the surrounding community and the density will adversely impact the adjacent
neighborhoods.
ATTACHMENTS:
Descrip6on
Z21-15 Script
Z21-15 Staff Report
Z21-15 Zoning
Z21-15 FLUM
Z21-15 Neighboring Properties
Applicant Materials Cover
Z21-15 Application Package
Site Plan CS
Planning Board - December 2, 2021
ITEM: 3
Z21-15 Site Plan
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 2, 2021
ITEM: 3
SCRIPT for Zoning Map Amendment Application (Z21-15)
Request by Thompson Thrift Development, Inc., applicant, on behalf of the property owner, ARFA
Holdings, LLC, to rezone approximately 20.5 acres of land located at 6124 Carolina Beach Road from
B-2, Regional Business District to (CZD) RMF-M, Residential Multi-Family Moderate Density District, in
order to develop a 300-unit multi-family development.
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 (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. Close the public hearing
4. Board discussion
5. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to recommend APPROVAL of the proposed rezoning to a (CZD) RMF-M district. I find
it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provides for the types and mixture of uses recommended in the Urban Mixed Use place
type and the residential densities are in-line with those recommended for the property. I also
find recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the proposal would benefit the community by providing diverse housing options. The
proposal also provides a transition from adjacent single-family residential development to the
west, will provide additional housing in close proximity to existing and future commercial
development serving nearby residents.
Applicant’s Proposed Conditions:
1. Maximum building height shall be forty-five feet (45’) and two (2) stories
2. Maximum unit count shall be three hundred (300) units.
Planning Board - December 2, 2021
ITEM: 3 - 1 - 1
Example Motion for Denial
I move to recommend DENIAL of the proposed rezoning to a (CZD) RMF-M district. While I
find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provides for the types and mixture of uses recommended in the Urban Mixed Use place
type and the residential densities are in-line with those recommended for the property, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because
the proposal is not consistent with the desired character of the surrounding community and the
density will adversely impact the adjacent neighborhoods.
Alternative Motion for Approval/Denial:
I move to recommend [Approval/Denial] of the proposed rezoning to a conditional RMF-M
district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the
Comprehensive Plan because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I also find recommending [Approval/Denial] of the rezoning request is reasonable and in the
public interest because [insert reasons]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - December 2, 2021
ITEM: 3 - 1 - 2
Z21-15 Staff Report PB 12.2.2021 Page 1 of 19
STAFF REPORT FOR Z21-15
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z21-15
Request:
Rezone 20.5 acres to (CZD) RMF-M, Residential Multi-Family Moderate Density District
Applicant: Property Owner(s):
Thompson Thrift Development, Inc ARFA Holdings, LLC
Location: Acreage:
6124 Carolina Beach Road 20.5
PID(s): Comp Plan Place Type:
R07900-001-014-002 Urban Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Mixed-Use development
Current Zoning: Proposed Zoning:
B-2, Regional Business District (CZD) RMF-M, Residential Multi-Family Moderate
Density District
SURROUNDING AREA
LAND USE ZONING
North Mini-Warehousing/Self Storage B-2
East Undeveloped (Hanover Pines Nature Park Site) R-15
South Undeveloped B-2
West Single-Family Residential (Beau Rivage Plantation) R-15
Z21-08
Carolina Beach Road
Planning Board - December 2, 2021
ITEM: 3 - 2 - 1
Z21-15 Staff Report PB 12.2.2021 Page 2 of 19
ZONING HISTORY
April 7, 1971 Initially zoned B-2 (Area 4)
COMMUNITY SERVICES
Water/Sewer Water and sewer services are available through CFPUA.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Myrtle Grove Station
Schools Bellamy Elementary, Murray Middle, and Ashley High Schools
Recreation Monterey Heights Park, Veterans Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Z21-08
Planning Board - December 2, 2021
ITEM: 3 - 2 - 2
Z21-15 Staff Report PB 12.2.2021 Page 3 of 19
APPLICANT’S PROPOSED CONCEPTUAL PLAN
• The applicant is proposing to rezone 20.5 acres of a 28.91-acre parcel to (CZD) RMF-M in
order to construct a 300-unit multi-family development at a density of 14.6 units per acre.
The proposed plan also incorporates associated parking and bay garages, amenity areas,
and stormwater management.
• The proposed development consists of 15 20-unit buildings on the parcel, which is bounded
to the east by Carolina Beach Road, just south of Sanders Road and the Beau Rivage
shopping center. Building heights are proposed at a maximum of two stories and 45’.
• The main office area and amenity center is located on the front or east boundary of the
parcel closest to Carolina Beach Road. Additional amenity areas are located within the
center and northwest area of the site.
• The northwest area of the site also contains the development’s stormwater infiltration basin
on approximately 2 acres.
• A 20’ wide transitional buffer is proposed along the west and south boundaries of the
project adjacent to property zoned or developed as R-15, Residential Districts, meeting
requirements of the UDO.
Proposed Site Plan with Staff Markups
Site Access
Points
Infiltration
Basin
Carolina Beach Road
Planning Board - December 2, 2021
ITEM: 3 - 2 - 3
Z21-15 Staff Report PB 12.2.2021 Page 4 of 19
• Bay garages are interspersed throughout the plan to provide protected vehicle parking for
residents. A series of interconnected drives, parking lots, sidewalks, and courtyards link the
features of the complex together.
• Access is proposed via two points off Carolina Beach Road which will function as right-
in/right-out movements. A proposed left-over from northbound Carolina Beach Road will
provide access from this movement to the northern access point to the site.
ZONING CONSIDERATIONS
• The B-2 district in this area was established in 1971. The purpose of the B-2 district is to
provide for the proper site layout and development of larger format or larger structure
size business uses, including big box stores and automobile dealers. It is also designed to
provide for the appropriate location and design of auto oriented uses that meet the needs
of the motoring public or that rely on pass-by traffic.
• It is estimated that 20.5 acres of property zoned B-2 can generally support approximately
160,000 square feet of traditional general retail uses based on a typical 18% building
area for this type of zoning. For comparison, this percentage of building footprint area is
similar to the developed area in the Beau Rivage Shopping Center which lies slightly north
of the subject site.
• The purpose of the RMF-M, Residential Multifamily Moderate Density District is to provide
lands that accommodate moderate density single-family and multi-family development. The
intent of the RMF-M district is to function as a transitional district between intensive
nonresidential development and higher-density residential areas. The districts is intended to
provide a reasonable range of choice, type, and location of housing units.
• The proposed 300-unit development equates to a density of 14.6 units per acre. The RMF-
M district allows up to 17 units per acre by-right.
Planning Board - December 2, 2021
ITEM: 3 - 2 - 4
Z21-15 Staff Report PB 12.2.2021 Page 5 of 19
AREA SUBDIVISIONS UNDER DEVELOPMENT
TRANSPORTATION
• The site will be accessed by two access points to Carolina Beach Road which will be
restricted to right-in/right-out movements. A left-over from northbound Carolina Beach
Road is proposed at the northern access point to the site. A shared through/right turn lane
is proposed along Carolina Beach Road which will terminate at a southbound U-turn just
south of the parcel boundary.
• Internal drives, sidewalks, and parking areas are designed in a grid-like pattern throughout
the site to provide internal vehicular and pedestrian access throughout the site.
Planning Board - December 2, 2021
ITEM: 3 - 2 - 5
Z21-15 Staff Report PB 12.2.2021 Page 6 of 19
• If the portion of the site subject to the rezoning request was developed with a typical
approximate 18% building footprint, approximately 160,000 sf of general retail could be
built and is estimated to generate about 150 AM and 610 PM peak hour trips.
• A Traffic Impact Analysis (TIA) was conducted for the project and estimated a trip
generation of 153 AM and 176 PM peak hour trips.
• The net change from the potential trip generation if the site were to be developed under
the existing B-2 district with approximately 160,000 sf of retail to the proposed (CZD) RMF-
M district shows an approximate increase of 3 AM peak hour trips and an approximate
decrease of 434 PM peak hour trips. General retail uses typically generate the bulk of
their trips during the PM hours as retail uses are often not the weekday rush hour destination
for motorists.
Planning Board - December 2, 2021
ITEM: 3 - 2 - 6
Z21-15 Staff Report PB 12.2.2021 Page 7 of 19
Estimated Trip Generation
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development
under Current Zoning: 160,000 sf of Retail 150 AM / 610 PM
Proposed
Development: 300 multi-family units 153 AM / 176 PM
Estimated Net Change
under Proposed (CZD)
RMF-M Zoning:
- + 3 AM / - 434 PM
Traffic Impact Analysis
• A TIA has been completed for the proposed development and analyzed the Level of Service
(LOS) in vehicle delay per second at notable intersections in the area:
• Carolina Beach Road at Sharks Eye Lane
• Carolina Beach Road at Manassas Drive
• Carolina Beach Road at Ridge Boulevard
• In the LOS analysis at the studied intersections, the TIA found that all are expected to
operate at an acceptable level LOS with the recommended roadway improvements.
• Notable recommended roadway improvements from the TIA include:
• Construction of a left turn lane into the northern site access point from northbound
Carolina Beach Road
• Construction of a shared through lane/right turn lane into both site access points from
southbound Carolina Beach Road
Recommended Roadway Improvements from TIA
Install Left-Over to
Northern Site access
Point, Install Shared
Through/Right Turn
Lane
Planning Board - December 2, 2021
ITEM: 3 - 2 - 7
Z21-15 Staff Report PB 12.2.2021 Page 8 of 19
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
• STIP Project U-5790
o Project to convert the intersection of Carolina Beach Road and College Road to a
continuous flow intersection and widen a portion of Carolina Beach Road south of
that intersection. Continuous flow intersections permit more efficient travel
movements and help alleviate congestion by allowing more of the main street’s
traffic to move through the intersection. Bidding of the project is expected to occur
in 2024.
Planning Board - December 2, 2021
ITEM: 3 - 2 - 8
Z21-15 Staff Report PB 12.2.2021 Page 9 of 19
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Proposed Development Land Use/Intensity TIA Status
1. Tarin Woods II
Phase 2B(1):
• 219 Single-Family Homes
• 398 Townhomes
• Addendum approved March
26, 2020
• 2020 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Installation of a northbound leftover/U-turn on Carolina Beach Road at the Harris Teeter
driveway (required to be installed during the development of Phase 2A).
• Installation of a second westbound right turn lane on Manassas Drive at Carolina Beach
Road.
• Includes additional point of egress to Carolina Beach Road.
Nearby Proposed Developments included within the TIA:
• Beau Rivage Update
• Beau Rivage Townhomes
Development Status: Development and improvements are currently under construction.
2. Habitat Restore
Building
• 20,320 sf of Discount Store
• 14,830 sf of Shopping Center
• Approved February 26,
2018
• 2022 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Installation of a southbound right turn lane on Carolina Beach Road at the site’s access.
• Increasing the length of an existing southbound u-turn lane on Carolina Beach Road at
Cathay Road.
Nearby Proposed Developments included within the TIA:
• Beau Rivage Update
• Beau Rivage Townhomes
Development Status: No construction has started at this time.
Planning Board - December 2, 2021
ITEM: 3 - 2 - 9
Z21-15 Staff Report PB 12.2.2021 Page 10 of 19
3. Congleton Farms • 169 Single-Family Homes • Approved February 7, 2018
• 2018 Build Out Date
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Constructing the section of Lieutenant Congleton Road along the site frontage to connect
to the existing roadway with one lane in each direction.
Nearby Proposed Developments included within the TIA:
• None
Development Status: Development under construction.
4. Beau Rivage
Update
• 4,500 square feet of drive-
thru bank
• 3,500 square feet of fast
food drive thru
• 6,900 square feet of
supermarket (addition to the
existing Harris Teeter)
• 7,500 square feet of
shopping center
• Approved December 28, 2016
• 2018 Build Out Date
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Installation of an eastbound right-turn lane on Sanders Road at the site’s access and
Carolina Beach Road.
Nearby Proposed Developments included within the TIA:
• Tarin Woods
• River Lights
Development Status: Development under construction. The right-turn lane on Sanders Road
at the site’s access has been constructed.
Planning Board - December 2, 2021
ITEM: 3 - 2 - 10
Z21-15 Staff Report PB 12.2.2021 Page 11 of 19
ENVIRONMENTAL
• The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
• The property is within the Motts Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I (suitable with slight limitations for septic suitability). However, the
site is expected to be served by CFPUA when developed.
OTHER CONSIDERATIONS
SCHOOLS
• Students living in the proposed development would be assigned to Bellamy Elementary,
Murray Middle, and Ashley High Schools. Students may apply to attend public magnet,
year-round elementary, or specialty high schools.
• The typical by-right development in the B-2 district is not expected to generate any
additional students. 300 units are proposed under the rezoning request.
• Based on the current general student generation rate*, the increase in homes would result
in approximately 66 additional students than would be generated under current zoning.
• The general student generation rate provides only an estimate of anticipated student yield
as different forms of housing at different price points yield different numbers of students.
Over the past four years, staff has also seen a decline in the number of students generated
by new development. Student numbers remained relatively stable between 2015 and
2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential
units were permitted across the county. In addition, the student population is anticipated to
only grow by approximately 1,300 students over the next 10 years based on the recent
New Hanover County Schools Facility Needs Study.
Development Type Intensity Estimated Student Yield
(current general student generation rate) *
Existing Development Undeveloped Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
Typical Development Under
Current B-2 Zoning 160,000 sf of retail Approximate** Total: 0
(0 elementary, 0 middle, 0 high)
Proposed (CZD) RMF-M
Zoning 300 residential units Approximate** Total: 66
(27 elementary, 15 middle, 24 high)
*The current general student generation rate was calculated by dividing the projected New Hanover County public
school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there
are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated
per dwelling unit across New Hanover County. These numbers are updated annually and include students attending
out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech.
**Because the student generation rate often results in fractional numbers, all approximate student generation yields
with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are
rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the
approximate total.
Planning Board - December 2, 2021
ITEM: 3 - 2 - 11
Z21-15 Staff Report PB 12.2.2021 Page 12 of 19
• Given the size of the proposed development, it may have a build-out date within 5 years,
so staff has outlined existing school capacity to provide a general impact of the potential
impact on public schools. These numbers do not reflect any future capacity upgrades that
may occur over the next five years or trends in student population changes. Staff has
provided information on existing school capacity to provide a general idea of the potential
impact on public schools, but these numbers do not reflect any future capacity upgrades.
School Enrollment* and Capacity** (2021-2022 School Year)
*Enrollment is based on the New Hanover County Schools enrollment projections for the 2021-2022 school year.
**Capacity calculations were determined based on the projected capacities for the 2021-2022 school year, and
funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover
County Schools to the Board of Education in January 2021. This information does not take into account flexible
scheduling that may be available in high school settings, which can reduce the portion of the student body on campus
at any one time.
• The recent facility needs survey that has been prepared by Schools staff indicates that,
based on NC Department of Public Instruction (DPI) student growth projections and school
capacity data, planned facility upgrades, combined with changes to student enrollment
patterns, will result in adequate capacity district wide over the next ten years if facility
upgrades are funded.
Level
Total
NHC
Capacity
School
Projected
Enrollment of
Assignment
School
Capacity of
Assigned
School
w/Portables
Capacity of
Assigned
School
Funded or
Planned
Capacity
Upgrades
Elementary 95% Bellamy 456 499 91% None
Middle 108% Murray 853 848 101% None
High 100% Ashley 1,990 1,896 105% None
Planning Board - December 2, 2021
ITEM: 3 - 2 - 12
Z21-15 Staff Report PB 12.2.2021 Page 13 of 19
NEW HANOVER COUNTY STRATEGIC PLAN
• One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage
the development of complete communities in the unincorporated county by increasing
housing diversity and access to basic goods and services.
• The proposal would allow for an increase in housing diversity and would allow those
residents to utilize existing goods and services within one mile of the subject property.
• The predominant housing type in the area is single family detached at 72%. Under the
proposed RMF-M district the site would allow for multi-family residential (apartments) and
increase housing type diversity by reducing the percentage of single family detached (72%
to 69%) and increasing the percentage of multi-family residences (10% to 14%).
• The subject property is located in the Veterans Park community area, where 61% of
residents currently live within one-mile of a convenience need (grocery store, retail staples,
pharmacies, etc.), a support service (urgent care, primary doctor’s office, child & adult care,
etc.), and a community facility (public park, school, museum etc.). The proposed RMF-M
district would increase the number of residences within one-mile of a community facility (61%
to 66%).
Planning Board - December 2, 2021
ITEM: 3 - 2 - 13
Z21-15 Staff Report PB 12.2.2021 Page 14 of 19
REPRESENTATIVE DEVELOPMENTS
Representative Developments of B-2:
Oak Landing Shopping Center
Planning Board - December 2, 2021
ITEM: 3 - 2 - 14
Z21-15 Staff Report PB 12.2.2021 Page 15 of 19
Representative Developments of RMF-M:
Woodlands at Echo Farms
Jumpin Run
Planning Board - December 2, 2021
ITEM: 3 - 2 - 15
Z21-15 Staff Report PB 12.2.2021 Page 16 of 19
Context and Compatibility
• While the area was zoned for commercial development along a major arterial in the early
1970s, the 2016 Comprehensive Plan recommends multi-family or higher density single
family development patterns, and a mixture of uses can be provided via adjacent tracts
or when separated by lower traffic local or collector roads.
• The subject property is located in one of the county’s more densely developed corridors,
just south of one the three identified high growth nodes in the Comprehensive Plan.
• The subject property is one of several undeveloped tracts along Carolina Beach Road, a
major road corridor. The property is located south of a commercial node serving residents
in this area, and is a location anticipated to serve as a transition from single-family
detached land uses west of the site to Carolina Beach Road.
• The proposed height will be limited to 45’ and 2 stories, which is less than permitted by-
right in the RMF-M district.
• Required setbacks, transitional buffers, and the placement of the garage bays provide
additional mitigation for aesthetic effects along the property boundaries.
Planning Board - December 2, 2021
ITEM: 3 - 2 - 16
Z21-15 Staff Report PB 12.2.2021 Page 17 of 19
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type Urban Mixed Use
Place Type
Description
Promotes development of a mix of residential, office, and retail uses at
higher densities. Types of uses encouraged include office, retail, mixed use,
small recreation, commercial, institutional, single-family, and multi-family
residential.
Z21-08
Planning Board - December 2, 2021
ITEM: 3 - 2 - 17
Z21-15 Staff Report PB 12.2.2021 Page 18 of 19
The subject property is located in the south-central portion of the county
along a major road corridor in close proximity to a neighborhood
commercial node and other commercial services.
The Comprehensive Plan classifies the property as Urban Mixed Use, which
promotes development of a mix of residential, office, and retail uses at
higher densities. The site is located south of a neighborhood commercial
node and higher density single-family attached residential development.
As there is an existing single-family development to the west of the subject
site, the proposal would provide a transition to Carolina Beach Road, which
contains commercial services along the road frontage that serve adjacent
residential developments in the project vicinity. In addition, the project
supports the Comprehensive Plan’s goal to provide for a range of housing
types and opportunities for households of different sizes and income levels
as well as a mix of uses located on adjacent or nearby parcels.
The proposal is also in line with the preferred density range for the Urban
Mixed Use place type, which envisions residential development in the range
of 2-5 stories at a moderate to high density. The applicant is proposing 300
dwelling units, for an overall density of 14.6 units per acre in 2-story
buildings.
Consistency
Recommendation
The proposed rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the project provides for the type of housing
diversity that is recommended in the Urban Mixed Use place type, the
residential densities are in-line with those recommended within this place
type, and the project will provide additional housing in close proximity to
existing and future commercial development serving nearby residents.
Planning Board - December 2, 2021
ITEM: 3 - 2 - 18
Z21-15 Staff Report PB 12.2.2021 Page 19 of 19
STAFF RECOMMENDATION
Based on the recommended uses and intensity for Urban Mixed Use places, the context and
compatibility with the immediate surrounding area, and consistency with the New Hanover County
Strategic Plan, staff recommends approval of this application and suggests the following motion
with the applicant’s proposed conditions:
I move to recommend APPROVAL of the proposed rezoning to a (CZD) RMF-M district. I
find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because
the project provides for the types and mixture of uses recommended in the Urban Mixed
Use place type and the residential densities are in-line with those recommended for the
property. I also find recommending APPROVAL of the rezoning request is reasonable and
in the public interest because the proposal would benefit the community by providing
diverse housing options. The proposal also provides a transition from adjacent single-family
residential development to the west, will provide additional housing in close proximity to
existing and future commercial development serving nearby residents.
Applicant’s proposed conditions:
1. Maximum building height shall be forty-five feet (45’) and two (2) stories
2. Maximum unit count shall be three hundred (300) units.
Alternative Motion for Denial
I move to recommend DENIAL of the proposed rezoning to a (CZD) RMF-M district.
While I find it to be CONSISTENT with the purposes and intent of the Comprehensive
Plan because the project provides for the types and mixture of uses recommended in
the Urban Mixed Use place type and the residential densities are in-line with those
recommended for the property, I find recommending DENIAL of the rezoning request
is reasonable and in the public interest because the proposal is not consistent with the
desired character of the surrounding community and the density will adversely impact
the adjacent neighborhoods.
Planning Board - December 2, 2021
ITEM: 3 - 2 - 19
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New Hanover County, NCSHODIncorporated Areas
Indicates Conditional Zoning District (CZD)
See Section 5.7 of the UDOCOD
B-1 AC R-5 EDZD
CB I-1 R-7 PD
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Zoning Districts
(CZD) RMF-M
Multifamily Residential
B-2/ Undeveloped6124
Carolina Beach Road
Z21-15
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
1,000
Feet
Subject Site
Planning Board - December 2, 2021
ITEM: 3 - 3 - 1
Lt C o n g l e t o n R d
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New Hanover County, NCCONSERVATION
RURAL RESIDENTIAL
COMMUNITY MIXED USE
URBAN MIXED USE
GENERAL RESIDENTIAL
EMPLOYMENT CENTER
COMMERCE ZONE
Place Types
(CZD) RMF-M
Multifamily Residential
B-2/ Undeveloped6124
Carolina Beach Road
Z21-15
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
1,000
Feet
Subject Site
Planning Board - December 2, 2021
ITEM: 3 - 4 - 1
Lt C o n g l e t o n R d
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New Hanover County, NC
CAROLINABEACHRD
RIVE
R
RD SANDERS RD
Site
Neighboring Parcels
(CZD) RMF-M
Multifamily Residential
B-2/ Undeveloped6124
Carolina Beach Road
Z21-15
Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:R
1,000
Feet
Subject Site
Planning Board - December 2, 2021
ITEM: 3 - 5 - 1
APPLICANT
MATERIALS
Planning Board - December 2, 2021
ITEM: 3 - 6 - 1
Planning Board - December 2, 2021
ITEM: 3 - 6 - 2
Page 1 of 6
Conditional Zoning District Application – Updated 05-2021
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
CONDITIONAL ZONING APPLICATION
This application form must be completed as part of a conditional zoning application submitted through the county’s
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.3 of the Unified Development Ordinance.
Public Hearing Procedures
(Optional)
Pre-Application
Conference
1
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Hearing &
Recom-
mendation
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
1. Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
Thompson Thrift Development, Inc. c/o Samuel B. Franck ARFA Holdings, LLC
Ward and Smith, P.A.
127 Racine Drive 2020 S Churchill Drive
Wilmington, NC 28403 Wilmington, NC 28403
910.794.4835
sbf@wardandsmith.com
Planning Board - December 2, 2021
ITEM: 3 - 7 - 1
Page 2 of 6
Conditional Zoning District Application – Updated 05-2021
2. Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: Total Acreage of Proposed District:
Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the
district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the
corresponding General Use District are eligible for consideration within a Conditional Zoning District.
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.
6124 Carolina Beach Road
20.5 acres
R07900-001-014-002
B-2, Vacant Urban Mixed Use
RMF-M(CD) 20 acres
See attached Addendum A
See attached Addendum A
Planning Board - December 2, 2021
ITEM: 3 - 7 - 2
Page 3 of 6
Conditional Zoning District Application – Updated 05-2021
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.
ITE Land Use:
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
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.
220 Multifamily Housing (Low-Rise)
340 Dwelling Units (300 d.u. proposed per site plan)
118 111
See attached Addendum B
Planning Board - December 2, 2021
ITEM: 3 - 7 - 3
Page 4 of 6
Conditional Zoning District Application – Updated 05-2021
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.
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is
the land involved unsuitable for the uses permitted under the existing zoning?
See attached Addendum B
See attached Addendum B
Planning Board - December 2, 2021
ITEM: 3 - 7 - 4
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1
Legal Description
Portion of ARFA Holdings, LLC Tract depicted on Plat recorded in Map Book 70, at Page 176 Including
20.5 Acres more or less
A PARCEL OF LAND LYING AND BEING WITHIN A PORTION OF LAND DESCRIBED IN DEED BOOK 3799
PAGE 917 AS RECORDED IN THE WITHIN THE REGISTER OF DEED OF NEW HANOVER COUNTY, NORTH
CAROLINA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT NCGS MONUMENT ENNIS, HAVING NORTH CAROLINA GRID NAD83/2011 COORDINATES
OF NORTH 136261.33 EAST 2332811.46; THENCE NORTH 00°23'16" EAST FOR A DISTANCE OF 418.78
FEET TO AN 1" IRON PIPE, SAID IRON PIPE BEING THE POINT OF BEGINNING; THENCE FORM SAID IRON
PIPE SOUTH 04°39'21" WEST FOR A DISTANCE OF 18.89 FEET TO AN IRON ROD; THENCE NORTH
85°20'28" WEST FOR A DISTANCE OF 56.00 FEET TO AN IRON ROD, THENCE SOUTH 04°39'32" WEST FOR
A DISTANCE OF 30.46 FEET TO AN IRON ROD; THENCE SOUTH 85°20'28" EAST FOR A DISTANCE OF 56.00
FEET TO AN IRON ROD; THENCE NORTH 85°18'47" WEST FOR A DISTANCE OF 1000.64 FEET TO AN IRON
ROD; THENCE NORTH 04°43'51" EAST FOR A DISTANCE OF 894.35 FEET TO 1" PINCHED TOP PIPE;
THENCE SOUTH 85°15'39" EAST A DISTANCE OF 1000.27 FEET TO THE POINT OF BEGINNING.
LANDS SHOWN HEREON CONTAINING 20.50 ACRES, MORE OR LESS, AND BEING A PORTION OF THE
LAND DEPICTED ON THE PLAT RECORDED IN MAP BOOK 70, AT PAGE 176.
ND: 4821-3418-1872, v. 4
Planning Board - December 2, 2021
ITEM: 3 - 7 - 12
111 Monument Cir., Suite 1500
Indianapolis, IN 46204
jhoughtalen@watermarkapartments.com
317.853.5473
xxxxxxxxxxxx Contract Purchaser Name
xxxxxxxxxxxxxxxxxxxx
Contract Purchaser/Applicant Signature
xxxxxxxxxxxxxxxxxxxxx Applicant
xxxxxxApplicant
xxxxxxxxxxxxxxxxApplicant
xxxxxxxxxxxxxxxxApplicant
xxxxxxxxxxxxxxxxxxxApplicant's
DocuSign Envelope ID: 4F483D5A-2CEA-41E1-A17F-822071CB2135
Planning Board - December 2, 2021
ITEM: 3 - 7 - 13
Planning Board - December 2, 2021
ITEM: 3 - 7 - 14
1
Report of Community Meeting
Proposed Rezoning from B-2 to RMF-M(CD)
6124 Carolina Beach Road
Thompson Thrift Development, Inc.
The undersigned hereby certifies that written notice of a community meeting for the
above referenced rezoning proposal was mailed via First Class Mail to all property
owners within five hundred feet (500') of the subject property as listed on the New
Hanover County ("County") tax records and based upon a list of recipients provided
by New Hanover County, and that the same was submitted to the County planning
department for e-mail distribution via the "Sunshine List" on May 27, 2021. A list
of all adjacent property owners to whom written notice was mailed is attached to
this report as Exhibit A. A copy of the written notice is attached as Exhibit B. A
list of the parties who registered to attend the meeting is attached at Exhibit C, and
a list of those who attended is attached as Exhibit D.
The meeting was held on June 7, 2021 at 5:30pm. In light of the ongoing COVID-19
pandemic, the meeting was held electronically via Zoom videoconference. The
community meeting notice provided information for attendees to register for and
attend the Zoom meeting.
On behalf of the applicant, Thompson Thrift Development, Inc. ("Thompson Thrift"),
the following people were in attendance: Jesse Houghtalen with Thompson Thrift;
Richard Collier with McKim Creed Engineering; and Samuel Franck with Ward and
Smith, P.A. attorneys.
The following issues were discussed at the meeting:
• Stormwater management;
• Traffic impact;
• Drainage;
• Road and infrastructure improvements;
• Building height and sight line impacts;
• Buffers and setbacks;
• Aesthetic construction of the development;
• Access and road connections to adjacent neighborhoods;
• Utility service to the development site;
• Estimated construction and phasing schedule; and
• Thompson Thrift's experience developing similar projects.
Consistent with the comments and questions from the neighbors expressed at the
meeting, the following have been incorporated into the proposed development:
• The stormwater management program will focus on maintaining the lack of
stormwater impacts on adjacent properties;
Planning Board - December 2, 2021
ITEM: 3 - 7 - 15
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Exhibit A
List of Adjacent Property Owners Who Received Notice
Owner
Address
ALBION ENTERPRISES PO BOX 667
ARCHULETA NOBERT F 6140 CAROLINA BEACH RD UNIT
36
ARFA HOLDINGS LLC 2020 CHURCHILL DR S
AUTRY BRIAN E KRISTA B 6058 OTTER TAIL TRL
AUTRY JAMES JULIA 920 RIVAGE PROMENADE
BANNERMAN PATRICIA A 437 LIGHTNING WHELK WAY
BARE SHANA SCOTT 408 LIGHTNING WHELK WAY
BAXLEY NANCY J 6140 CAROLINA BEACH RD UNIT
43
BEAU RIVAGE GOLF & RESORT LLC 649 BEAU RIVAGE PROMENADE
BEAU RIVAGE HOA 2018 EASTWOOD RD SUITE 305
BOCNUK BRIAN MICHAEL MELISA Y CRAFT 808 RIVAGE PROMENADE
BOLZ PROPERTIES LLC 277 LODER AVE
BRADY CHRISTOPHER 804 RIVAGE PROMENADE
BRIDGMAN WILLIAM 435 LIGHTNING WELK WAY
BULLOCK POPE LEIGH A 6018 LETTERED OLIVE PL
BURNS FULTON LENAIR JR 6140 CAROLINA BEACH RD UNIT
13
CANADY JAMES LEROY 6140 CAROLINA BEACH RD UNIT
20
CAPE MELISSA L NICHOLAS C FEESER 800 RIVAGE PROMENADE
CHRISTY NATHAN G SHEENA K 732 RIVAGE PROMENADE
CLONTZ RONALD J TERESA A 821 RIVAGE PROMENADE
Planning Board - December 2, 2021
ITEM: 3 - 7 - 17
4
COPE SHARON C 433 LIGHTNING WHELK WAY
COSTIGAN JOSEPH W CONSTANCE C 913 RIVAGE PROMENADE
CUMBEE MARLENE CASAS 6140 CAROLINA BEACH RD UNIT
47
CURL NATHAN D ETAL 1296 JIM CAVDILL RD
DEBRAGGA DONALD S SHARON A 12827 POINT PLEASANT DR
DEWID DIANE 6014 LETTERED OLIVE PL
DGB INVESTMENTS LLC 701 HAMLET AVE
DOWLING GERARD J BARBARA A 701 BURROUGHS DR
DUKAS CONSTANTINE 6013 SLIPPER SHELL ST
DUNHUBER FRANK X JR PO BOX 99472
E A SIMPSON & ASSOCIATES INC 7426 JANICE LN
ECHO BEAU RIVAGE LLC 560 EPSILON DR
EFTING ALAN E GLORIA J 4233 THURSLEY RD
ELDRIDGE ASHLEY 6036 BANDED TULIP DR
ENYART MICHAEL J 6140 CAROLINA BEACH RD UNIT
35
EVANSEK ELIZABETH J 6016 SLIPPER SHELL ST
FARIDY FUZAIL F OROOS JABIN 10925 PARK RD
FERRARA CHARLES T DIANE R 107 OLD BIRCH CT
FIELDS DEBORAH LIVING TRUST 7620 EASTBOURNE RD
FLORENCE KENNETH J TRACEY C 825 RIVAGE PROMENADE
FOGLEMAN F M 109 HINTON AVE
FOGLEMAN LAILA 116 RICE RD
FOGLEMAN VANN LAILA M 116 RICE RD
FURLOUGH ALAN R FRANCES L 6140 CAROLINA BEACH RD UNIT
14
Planning Board - December 2, 2021
ITEM: 3 - 7 - 18
5
G & B CAROLINA BEACH LLC 4236 BURNING TREE DR
GIBNEY ANN S 6018 SLIPPER SHELL ST
GRILLO JOSHUA SLOCUM 3644 VILLA TERRACE
GUVEN GULBAHAR ETAL 6015 LETTERED OLIVE PL
HAGINS DAVID M CAROLYN M 929 RIVAGE PROMENADE
HAIGLER TED W 904 RIVAGE PROMENADE
HALL SARAH COX PO BOX 36
HALL VAUGUS WAYNE SARAH NANNETTE 6140 CAROLINA BEACH RD UNIT
12
HARRIS HOLDINGS LLC 213 DORCHESTER PL
HARRISON SHIRLEY WATKINS HRS 512 MANASSAS DR
HEINS AUDRA 6024 BANDED TULIP DR
HEISTERBORG DANIEL 6140 CAROLINA BEACH RD UNIT
19
HIGHSMITH JOSEPH H JR HELENA B 824 RIVAGE PROMENADE
HT FUEL NC LLC 701 CRESTDALE RD
JENSEN KATHY A 6140 CAROLINA BEACH RD UNIT
49
JOHNSON BERNADETTE 912 RIVAGE PROMENADE
JONES DENISE M 917 RIVAGE PROMENADE
JONES JOHN J J MARGARET A 936 RIVAGE PROMENADE
JOYCE DANIEL P RACHEL C T 916 RIVAGE PROMENADE
KELLY EVERETT K LOIS W 516 MANASSAS DR
KINLEY REGINA KAY 424 LIGHTNING WHELK WAY
KUFFEL LEO F CARON A TAYLOR 941 RIVAGE PROMENADE
LAFAVE DAVID W 6140 CAROLINA BEACH RD UNIT
10
LANIER MICHAEL E LEANN 908 RIVAGE PROMENADE
Planning Board - December 2, 2021
ITEM: 3 - 7 - 19
6
LAVELLE JOHN EILEEN RUCH 7824 COXE LN
LAVERN MARY E 6038 BANDED TULIP DR
LEWIS DEBRA FLOWERS 3482 JONES COVE RD
LIZOTTE DONALD KAREN 901 RIVAGE PROM
LONG JACQUELINE 13807 SIGLER ST
LONG ROY T JERRY P 6140 CAROLINA BEACH RD UNIT
17
LOUIS JEAN P DANIELE A 728 RIVAGE PROMENADE
MAGINNES PHILIP JENNIFER 402 PIERPOINT DR
MARBET INC 7426 JANICE LN
MARINE ONE LLC 5307 DUNMORE RD
MASONBORO LANDING BUS CTR OWNER
ASSN
7426 JANICE LN
MCDONALD GENE D 6140 CAROLINA BEACH RD UNIT
9
MCIVER MOSES HATTIE COOPER 820 RIVAGE PROMENADE
MCVICAR WILLIAM G 416 LIGHTNING WHELK WAY
MEISTER GALE PO BOX 1199
MENZER MELODY ETAL 426 LIGHTNING WHELK WAY
MEYERS RODNEY A JANICE M 928 RIVAGE PROMENADE
MIDDLE SOUND INVESTMENTS INC 7627 MARKET ST SUITE 3
MILLS REBECCA P 729 RIVAGE PROMENADE
MOTT GREGORY D SHANNON W 944 RIVAGE PROMENADE
MURPHY JANE 733 RIVAGE PROMENADE
MURPHY MICHAEL JOCELYN K 111 WAGON WHEEL DR
MURPHY THOMAS CLAIRE ETAL 259 61ST AVE
NANAK INCORPORATED 6134 CAROLINA BEACH RD
Planning Board - December 2, 2021
ITEM: 3 - 7 - 20
7
NEW HANOVER COUNTY 230 GOVERNMENT CENTER DR
SUITE 190
NEW HANOVER COUNTY ABC BOARD 6009 MARKET ST
NGUYEN TIFFANY P 805 RIVAGE PROMENADE
NIXON LEWIS D 6016 LETTERED OLIVE PL
NORRIS AMANDA M 724 RIVAGE PROMENADE
NSA PROPERTY HOLDINGS LLC 9226 TEDDY LN SUITE 100
ORTEGA JANIE TRUSTEE 725 RIVAGE PROMENADE
PAREDES OTILIO B NANCY E N ANZURES 6140 CAROLINA BEACH RD UNIT
7
PARSONS CARLA RENE PO BOX 36
PETERSON CURTIS R JR FAYE M 406 LIGHTNING WHELK WAY
PHAM VIET DO ETAL 937 RIVAGE PROMENADE
PRITCHARD THOMAS KIRSTEN 909 RIVAGE PROMENADE
QUATE PAULA 6140 CAROLINA BEACH RD UNIT
46
RAMIREZ JACINTO G ETAL 6140 CAROLINA BEACH RD UNIT
16
REXROAD ROBERT O LINDA L 933 RIVAGE PROMENADE
ROBERTS SUSAN R 6017 SLIPPER SHELL ST
ROUSH JENNIFER H 6019 SLIPPER SHELL ST
SABIN KEITH JR 720 RIVAGE PROMENADE
SCHNUR MATTHEW R KATHRYN W 816 RIVAGE PROMENADE
SHOOK AARON C 6031 BANDED TULIP DR
SOUTH RIDGE MOBILE HOME PK HOA PO BOX 1537
SPARROW ISSAAC J 5000 SPLIT RAIL DR
STATILE RICHARD B PATRICIA A 905 RIVAGE PROMENADE
STOKES GEORGE E III DIANNE P 940 RIVAGE PROMENADE DR
Planning Board - December 2, 2021
ITEM: 3 - 7 - 21
8
SYLVAIN HOPE F 6025 BANDED TULIP DR
TATO DANIEL C MAUREEN E 1000 RIVAGE PROMENADE
THEODORAKIS ANTHONY N KIM W 924 RIVAGE PROMENADE
THOMPSON LAUREN E 6028 BANDED TULIP DR
TOMPKINS JACK A JR LANI M HASHIMOTO 925 RIVAGE PROMENADE
TOWNES @ MARKETPLACE OWNERS ASSN 6105 OLEANDER DR
WALKER SHARON K ETAL 120 WETLAND DR
WALTERS RANDY RAY 6140 CAROLINA BEACH RD UNIT
45
WEAVER RICKY H 812 RIVAGE PROMENADE
WFCLHK PROPERTIES LLC 8620 RIVER RD
WHITE OTIS JESSE BARBARA G 365 CORNUBIA DR
WHITMAN MARIE 6026 BANDED TULIP DR
WHITTAKER RONALD E BETTY E 817 RIVAGE PROMENADE
WILLIAMS DENISE MCCOY 6140 CAROLINA BEACH RD UNIT
48
WILLIAMS JESSICA L MATTHEW P ETAL 813 RIVAGE PROMENADE
YENSER SCOTT CINDY 6140 CAROLINA BEACH RD UNIT
37
YOPP ERIC JENNIFER 809 RIVAGE PROMENADE
YOUNG GERALD W DARLENE S 900 RIVAGE PROMENADE
ZWAN FRANCIS X 945 RIVAGE PROMENADE
Planning Board - December 2, 2021
ITEM: 3 - 7 - 22
Exhibit B
Copy of Community Notice
(attached)
Planning Board - December 2, 2021
ITEM: 3 - 7 - 23
Planning Board - December 2, 2021
ITEM: 3 - 7 - 24
Planning Board - December 2, 2021
ITEM: 3 - 7 - 25
11
Exhibit C
Parties who Registered for Community Meeting
Attended First Name Last Name Email
Yes Geoffrey King 2nckings@gmail.com
Yes Douglas Kramer dkramer1@charter.net
Yes Michael &
Leann Lanier leanlanier624@gmail.com
Yes Rich Leffler rich.leffler@yahoo.com
Yes Kathryn Schnur kathryngws@hotmail.com
Yes Nicole Smith nismith@nhcgov.com
Yes Deborah Williams theladyinthewest@gmail.com
Yes Frances ffurlough@bellsouth.net
No Michael Habash michael.habash1@gmail.com
No Joseph Harris III net5millin5years@gmail.com
No Christopher Klos Cklos88@gmail.com
No Douglas Kramer Dkramer1@charter.net
Planning Board - December 2, 2021
ITEM: 3 - 7 - 26
12
Exhibit D
Community Meeting Attendees
First Name Last Name Property Address
Geoffrey King 472 Glenn Ellen Dr.
Douglas Kramer 385 Glenn Ellen Dr.
Michael &
Leann
Lanier 908 Rivage Promenade
Rich Leffler 1129 Matteo Drive, Apartment 311
Kathryn Schnur 816 Rivage Promenade
Nicole Smith N/A
Deborah Williams N/A
Frances Furlough 6140 Carolina Beach Rd., Unit 14
ND: 4840-4022-1168, v. 1
Planning Board - December 2, 2021
ITEM: 3 - 7 - 27
PROPOSED
SITE PLAN
Planning Board - December 2, 2021
ITEM: 3 - 8 - 1
Planning Board - December 2, 2021
ITEM: 3 - 8 - 2
N/FARFA HOLDINGS LLCDEED BOOK 3799 PAGE 917ZONING: R-15LAND USE: VACANTN/FARFA HOLDINGS LLCDEED BOOK 3799 PAGE 917ZONING: B-2LAND USE: VACANT ZONING: R-15ZONING: B-2
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PLAN IS CONCEPTUAL AND SUBJECT TOCHANGE WITHOUT NOTICEPlanning Board - December 2, 2021ITEM: 3- 9 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/2/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Ron Meredith, Current Planner
CONTACT(S): Ron Meredith; Rebekah Roth, Planning & Land Use Director
SUBJECT:
Public Hearing
Rezoning Request - (Z21-04M) - Request by RSC Engineering, PLLC, on behalf of the property owner, Cape Fear
Habitat for Humanity, Inc., to modify an exis<ng (CZD) R-10 zoning district, containing approximately 4.9 acres of
land, located in the 3200 block of Reminisce Road, to add a proposed stormwater pond.
BRIEF SUMMARY:
The applicant is proposing to modify an exis"ng (CZD) R-10 zoning district, containing approximately 4.9 acres of land,
located in the 3200 block of Reminisce Road, to add a proposed stormwater pond.
In May 2021 the Commissioners approved a (CZD) R-10, Condi"onal Residen"al 10 district. Access to the
development was approved off Reminisce Road, a public local street, via a new private right-of-way connec"on,
Dorsey Lane. The ini"al approval condi"oned stormwater management facili"es to be provided via a roadside swale in
lieu of a stormwater pond.
This applica"on proposes to modify the exis"ng condi"onal zoning district (Case# Z21-04) to add a proposed
stormwater pond to the already approved residen"al (CZD) R-10, Condi"onal Residen"al 10 district; previously
approved for 11 single-family detached homes. While there is a shi6 in the 11-lot configura"on, the number of lots
remains the same.
The updated conceptual plan complies with the County’s standards for a conven"onal subdivision, including zoning
dimensional standards, access and open space requirements. Access to the site remains off Reminisce Road, a public
local street, via a new private right-of-way connec"on, Dorsey Lane. Maintenance of Dorsey Lane will be the
responsibility of the homeowners’ associa"on.
The proposed modifica"ons will not result in addi"onal lots or traffic. The request is to change the stormwater
management tool u"lized from roadside swales to a stormwater pond. The applicant proposes that the lots range
from about 10,000 square feet to about 15,000 square feet. The proposed lot sizes and single-family housing type are
similar to exis"ng development in the neighborhood.
The proposed modifica"on to the condi"onal R-10 zoning district is generally CONSISTENT with the 2016
Comprehensive Plan because it provides residen"al development similar to the density of adjacent neighborhoods and
is in line with the density recommenda"ons for General Residen"al areas.
STRATEGIC PLAN ALIGNMENT:
Planning Board - December 2, 2021
ITEM: 4
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the proposal and suggests the following mo"on:
I move to APPROVE the proposed modifica"on to the exis"ng condi"onal R-10 district. I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the project’s use and density are in line with the
recommenda"on for General Residen"al areas. I also find APPROVAL of the rezoning request is reasonable and in the
public interest because the proposal remains consistent with the exis"ng development paEern of the surrounding area
and will allow for needed infrastructure
.
Alterna<ve Mo<on for Denial
I move to DENY the proposed modifica"on to the exis"ng condi"onal R-10 district. While I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the project’s use and density are in line with the
recommenda"on for General Residen"al areas, I find DENIAL of the rezoning request is reasonable and in the public
interest because the proposal is not consistent with the exis"ng development paEern of the surrounding area and will
adversely impact the adjacent neighborhoods
ATTACHMENTS:
Descrip"on
Z21-04M Staff Summary
Z21-04M Script
Z21-04M Zoning Map
Z21-04 Neighboring Properties Map
Z21-04m Future Land Use Map
Applicant_Materials CS
Z21-04M Application
Z12-4M Community Meeting Summary
Z21-04M Site Plan
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 2, 2021
ITEM: 4
Z21-04M Staff Report PB 12.2.2021 Page 1 of 13
STAFF REPORT FOR Z21-04M
CONDITIONAL ZONING DISTRICT APPLICATION
APPLICATION SUMMARY
Case Number: Z21-04M
Request:
Modification of a (CZD) R-10 District
Applicant: Property Owner(s):
Sonya Edens with RSC Engineering, PLLC Cape Fear Habitat For Humanity Inc.
Location: Acreage:
3200 Block of Reminisce Road 4.90 acres
PID(s): Comp Plan Place Type:
R02500-003-004-000 General Residential
Existing Land Use: Proposed Land Use:
Undeveloped Single-Family Residential
Current Zoning: Proposed Zoning:
(CZD) R-10, Conditional Residential 10 district (CZD) R-10, Conditional Residential 10 district
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential R-20
East Single-Family Residential (Rivendell Bay, Oakley Circle) R-20, R-15
South Single-Family Residential (Apple Valley) R-20
West Single-Family Residential (Apple Valley and Walnut Hills) R-20, R-10
Planning Board - December 2, 2021
ITEM: 4 - 1 - 1
Z21-04M Staff Report PB 12.2.2021 Page 2 of 13
ZONING HISTORY
July 1, 1974 Initially zoned R-20 (Area 10A)
May 3, 2021 (CZD) R-10, Conditional Residential 10 district
COMMUNITY SERVICES
Water/Sewer Water and sewer service is available through CFPUA via a mainline
extension and pump station.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Wrightsboro.
Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High
Schools.
Recreation Optimist Park, Northern Regional Park, Blue Clay Bike Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - December 2, 2021
ITEM: 4 - 1 - 2
Z21-04M Staff Report PB 12.2.2021 Page 3 of 13
APPROVED CONCEPTUAL SITE PLAN
• In May 2021 the Commissioners approved a (CZD) R-10, Conditional Residential 10 district
consisting of 4.90 acres for an 11-lot single-family subdivision.
• Access to the development was approved off Reminisce Road, a public local street, via a
new private right-of-way connection, Dorsey Lane.
• The initial approval conditioned stormwater management facilities to be provided via a
roadside swale in lieu of a stormwater pond.
PROPOSED CONCEPTUAL SITE PLAN
• This application proposes to modify the existing conditional zoning district (Case# Z21-04)
to add a proposed stormwater pond to the already approved residential (CZD) R-10,
Conditional Residential 10 district.
• While there is a shift in the 11-lot configuration, the number of lots remains the same.
• The updated conceptual plan complies with the County’s standards for a conventional
subdivision, including zoning dimensional standards, access and open space requirements.
• Access to the site remains off Reminisce Road, a public local street, via a new private right-
of-way connection, Dorsey Lane. Maintenance of Dorsey Lane will be the responsibility of
the homeowners’ association.
Planning Board - December 2, 2021
ITEM: 4 - 1 - 3
Z21-04M Staff Report PB 12.2.2021 Page 4 of 13
Approved Site Plan:
Applicant’s Conceptual Site Plan with Staff Markups
Proposed Site Plan:
Applicant’s Approved Site Plan with Staff Markups
Planning Board - December 2, 2021
ITEM: 4 - 1 - 4
Z21-04M Staff Report PB 12.2.2021 Page 5 of 13
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - December 2, 2021
ITEM: 4 - 1 - 5
Z21-04M Staff Report PB 12.2.2021 Page 6 of 13
TRANSPORTATION
• Access is proposed to be provided to the subject property from Reminisce Road, an NCDOT
maintained road that connects to Rockhill Road. In addition, the nearby public street
network in the Apple Valley subdivision connects to Oakley Road to the south. Both Oakley
Road and Rockhill Road connect to Castle Hayne Road.
• The applicant has also designed the site to allow for a future connection to the adjacent
undeveloped parcel to the northeast.
• A traffic signal was installed at the intersection of Oakley Road and Castle Hayne Road in
2020.
Planning Board - December 2, 2021
ITEM: 4 - 1 - 6
Z21-04M Staff Report PB 12.2.2021 Page 7 of 13
• As currently zoned, the (CZD) R-10 zoning proposed 11 detached single-family homes are
estimated to generate about 13 trips during the peak hours.
• 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).
• Because a TIA is not required, staff has provided the volume to capacity ratio for Castle
Hayne Road near the subject site. While volume to capacity ratio, based on average daily
trips, can provide a general idea of the function of adjacent roadways, the delay vehicles
take in seconds to pass through intersections is generally considered a more effective
measure when determining the Level of Service of a roadway. The volume to capacity ratio
indicates capacity currently exists in this area to accommodate the small change in
estimated trips.
NCDOT Average Annual Daily Traffic (AADT) - 2020
Road Location Volume Capacity V/C
Castle Hayne Road 1,000 feet south of
Rockhill Road 16,324
19,603
0.83
Intensity Approx. Peak Hour Trips
Proposed
Development:
11 Single-Family
Dwellings 13 AM / 13 PM
Planning Board - December 2, 2021
ITEM: 4 - 1 - 7
Z21-04M Staff Report PB 12.2.2021 Page 8 of 13
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
• STIP Project U-5863
o Project to widen Castle Hayne Road from I-140 to Division Drive. This project will
add a center turn lane or median to sections of the road.
o The current construction schedule for this project is to begin right-of-way acquisition
in 2029.
Nearby Traffic Impact Analyses:
There are no pending or approved Traffic Impact Analyses within the proximity of the subject
property that are anticipated to affect this request.
Planning Board - December 2, 2021
ITEM: 4 - 1 - 8
Z21-04M Staff Report PB 12.2.2021 Page 9 of 13
ENVIRONMENTAL
• The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
• According to the applicant there is no evidence of regulated wetlands within the area of
the property to be developed.
• The property is within the Ness Creek (C;Sw) watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class I (suitable/slight limitation) and Class II (moderate limitation)
soils; however, the project will connect to CFPUA sewer and water services.
OTHER CONSIDERATIONS
SCHOOLS
• Students living in the proposed development would be assigned to Wrightsboro Elementary
School, Holly Shelter Middle School, and New Hanover High School. Students may apply
to attend public magnet, year-round elementary, or specialty high schools.
• A maximum of 11 dwelling units would be permitted under the Approved (CZD) R-10
Zoning. The proposed modification will have no impact on the dwelling units allowed.
• Based on a generalized historic generation rate*, staff would estimate the new project
would generate roughly one additional student. However, affordable housing developments
may be more likely to provide housing for families with school-age children, so the proposed
rezoning may generate more students than would be estimated using the historic generation
rate estimates.
Development Type Intensity Estimated Student Generation
(generalized historic student generation rate)*
Approved (CZD) R-10
Zoning& Proposed
Modification
11 residential units Total: 3 students**
* Generalized historic generation rates are calculated by dividing the projected New Hanover County public school
student enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. Currently,
there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high)
generated per dwelling unit across New Hanover County. These numbers are updated annually and include students
attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTECH. Generation
rates do not take into account different housing types and different locations, which typically yield different numbers
of students.
** The estimated student generation calculation results in a difference of fewer than one student being generated from
the proposed rezoning compared to current zoning (2.16 compared with 2.64).
• Since the proposed development is likely to have a build-out date within 5 years, staff has
outlined existing school capacity to provide a general idea of the potential impact on public
schools.
• These numbers do not reflect any future capacity upgrades that may occur over the next
five years or changes to student populations.
Planning Board - December 2, 2021
ITEM: 4 - 1 - 9
Z21-04M Staff Report PB 12.2.2021 Page 10 of 13
School Enrollment* and Capacity** - 2020-2021 Estimates
* Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2020-2021 school
year.
** Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year and are
based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements
unique to a particular school. These may include exceptional children’s classrooms beyond the original building design,
classrooms to serve a unique population such as ESL, or classrooms designated for art and music if the building wasn’t
specifically designed with those spaces.
• The recent facility needs survey that has been prepared by Schools staff includes the most
current NC Department of Public Instruction (DPI) student growth projections and school
capacity data. It does not include student growth projections and available capacity for
individual schools, but it appears that planned facility upgrades, combined with changes to
student enrollment patterns, will result in adequate capacity district-wide over the next five
years if facility upgrades are funded.
NEW HANOVER COUNTY STRATEGIC PLAN
• One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage
the development of complete communities in the unincorporated county by increasing access
to goods and services and providing for a range of housing types and price points.
• The subject site is within the Wrightsboro community area. The proposed project includes
single-family housing and is located more than one mile away from existing retail and
service providers, so it would not impact the percentage of homes within a one-mile radius
of basic goods and services or the diversity of the community's housing types.
• While the Wrightsboro area is one of the communities in the unincorporated county with
more affordable housing options, the number of for-sale units in the overall County serving
residents making less than 80% of Area Median Income (AMI) is limited. As a Habitat for
Humanity project, the proposed subdivision would assist in providing the range of price
points envisioned by the strategic plan for the County as a whole.
Level
Total
NHC %
Capacity School
Enrollment
of Assigned
School
Capacity
of
Assigned
School w/
Portables
% of
Capacity of
Assigned
School
Funded
Capacity
Upgrades
Elementary 97% Wrightsboro 547 564 97% None
Middle 107% Holly Shelter 917 934 98% None
High 105% New
Hanover 1,532 1,648 93% None
Planning Board - December 2, 2021
ITEM: 4 - 1 - 10
Z21-04M Staff Report PB 12.2.2021 Page 11 of 13
REPRESENTATIVE DEVELOPMENTS
Representative R-10 Developments:
Representative Habitat for Humanity Development:
Planning Board - December 2, 2021
ITEM: 4 - 1 - 11
Z21-04M Staff Report PB 12.2.2021 Page 12 of 13
CONTEXT AND COMPATIBILITY
• The proposed modifications will not result in additional lots or traffic.
• The request is to change the stormwater management tool utilized from roadside swales to
a stormwater pond.
• The applicant proposes that the lots range from about 10,000 square feet to about 15,000
square feet. The proposed lot sizes and single-family housing type are similar to existing
development in the neighborhood.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on lower-density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout. Types of uses
include single-family residential, low-density multi-family residential, light
commercial, civic, and recreational.
Analysis
The subject parcel is located off of Reminisce Road about one mile west of
Castle Hayne Road, a minor arterial roadway. The site is located between
the GE employment center to the north and the Wrightsboro community-
level commercial node at the intersection of Castle Hayne Road and N. Kerr
Avenue to the south.
Planning Board - December 2, 2021
ITEM: 4 - 1 - 12
Z21-04M Staff Report PB 12.2.2021 Page 13 of 13
This area was designated as General Residential to provide for
development consistent with the existing lower density neighborhoods in a
place where a mix of uses is less appropriate. The proposed development
density remains 2.2 dwelling units per acre and would provide a residential
development consistent with the density recommendation for this place type
(up to 8 dwelling units per acre). In addition, the proposed lot sizes will be
similar to adjacent residential neighborhoods.
Consistency
Recommendation
The proposed modification to the conditional R-10 zoning district is
generally CONSISTENT with the 2016 Comprehensive Plan because it
provides residential development similar to the density of adjacent
neighborhoods and is in line with the density recommendations for General
Residential.
STAFF RECOMMENDATION
Staff recommends approval of the proposal and suggests the following motion:
I move to APPROVE the proposed modification to the existing conditional R-10 district.
I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan
because the project’s use and density are in line with the recommendation for General
Residential areas. I also find APPROVAL of the rezoning request is reasonable and in
the public interest because the proposal remains consistent with the existing
development pattern of the surrounding area and will allow for needed infrastructure.
Alternative Motion for Denial
I move to DENY the proposed modification to the existing conditional R-10 district.
While I find it to be CONSISTENT with the purposes and intent of the Comprehensive
Plan because the project’s use and density are in line with the recommendation for
General Residential areas, I find DENIAL of the rezoning request is reasonable and in
the public interest because the proposal is not consistent with the existing development
pattern of the surrounding area and will adversely impact the adjacent neighborhoods.
Planning Board - December 2, 2021
ITEM: 4 - 1 - 13
SCRIPT for Zoning Map Amendment Application (Z21-04M)
Request by RSC Engineering, PLLC, on behalf of the property owner, Cape Fear Habitat for Humanity, Inc.,
to modify an existing (CZD) R-10 zoning district, containing approximately 4.9 acres of land, located in the
3200 block of Reminisce Road, to add a proposed stormwater pond.
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 (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. Close the public hearing
4. Board discussion
5. 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 modification to the existing conditional R-10 district. I find
it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project’s use and density are in line with the recommendation for General Residential areas. I
also find APPROVAL of the rezoning request is reasonable and in the public interest because
the proposal remains consistent with the existing development pattern of the surrounding area
and will allow for needed infrastructure.
Alternative Motion for Denial
I move to DENY the proposed modification to the existing conditional R-10 district. While I
find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project’s use and density are in line with the recommendation for General Residential areas, I
find DENIAL of the rezoning request is reasonable and in the public interest because the
proposal is not consistent with the existing development pattern of the surrounding area and
will adversely impact the adjacent neighborhoods
Planning Board - December 2, 2021
ITEM: 4 - 2 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a Conditional R-15, 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]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - December 2, 2021
ITEM: 4 - 2 - 2
Planning Board - December 2, 2021
ITEM: 4 - 3 - 1
Planning Board - December 2, 2021
ITEM: 4 - 4 - 1
Planning Board - December 2, 2021
ITEM: 4 - 5 - 1
APPLICANT
MATERIALS
Planning Board - December 2, 2021
ITEM: 4 - 6 - 1
Planning Board - December 2, 2021
ITEM: 4 - 7 - 1
Planning Board - December 2, 2021
ITEM: 4 - 7 - 2
Planning Board - December 2, 2021
ITEM: 4 - 7 - 3
Planning Board - December 2, 2021
ITEM: 4 - 7 - 4
Planning Board - December 2, 2021
ITEM: 4 - 7 - 5
Planning Board - December 2, 2021
ITEM: 4 - 7 - 6
Community Meeting Summary – 10/27/21
• Project Information Notice was mailed out to 73 property owners on 10/14/21 per the list
provided by New Hanover County Planning Department. The mailing included the notice letter
and a copy of the site plan.
• The notice letter and site plan were emailed to New Hanover County Planning for uploading to
their communication site.
• No inquiries have been received about the development – phone calls or emails.
Planning Board - December 2, 2021
ITEM: 4 - 8 - 1
GALA ACRES
C1Engineering, PLLC
SUBDIVISION LAYOUT
●
PROJECT
SITE
Planning Board - December 2, 2021
ITEM: 4 - 9 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/2/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Julian Griffee, Current Planner
CONTACT(S): Julian Griffee; Rebekah Roth, Planning & Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z21-17) - Request by Cindee Wolf, applicant on behalf of the property owner, JH Land LLC, to
rezone approximately 86.10 acres of land located at the southern end of Roger Haynes Drive from B-2, Regional
Business District to R-10, Residen?al District.
BRIEF SUMMARY:
The applicant is seeking to rezone 86.10 acres of land located at the southern end of Roger Haynes Drive from B-2,
Regional Business, to R-10, Residen.al.
Because this is a straight rezoning, a conceptual plan is not included within the applica.on. The subject site would be
required to meet all the Unified Development Ordinance (UDO) requirements for development within the R-10
district. Types of uses allowed and commonly found in the R-10 district include civic and ins.tu.onal uses like libraries,
religious assemblies, and EMS facili.es. These uses are also permi9ed within the B-2 zoning district. Any proposed
non-residen.al use would be subject to the applicable site design and approval provisions within the UDO.
The purpose of the B-2 district is to provide for the proper site layout and development of larger format or larger
structure size business uses, including big box stores and automobile dealers. The purpose of the Residen.al-10 (R-10)
District is to provide lands that accommodate new residen.al neighborhoods and encourage the conserva.on of
exis.ng residen.al lots and neighborhoods.
It is es.mated that 86.10 acres of property zoned B-2 can generally support approximately 675,000 square feet of
tradi.onal general retail uses based on a typical 18% building area for this type of zoning. If developed at the maximum
R-10 density of 3.3 units per acre, this could yield a poten.al maximum of 284 dwelling units.
The net change from the poten.al trip genera.on if the site were to be developed under the exis.ng B-2 district with
the typical 18% footprint of retail uses to the proposed R-10 district shows an approximate decrease of 429 AM peak
hour trips and an approximate decrease of 2,295 PM peak hour trips.
Based on the current general student genera.on rate, staff would es.mate that a development of the maximum 284
units would result in approximately 63 addi.onal students than would be generated under current zoning. The general
student genera.on rate provides only an es.mate of an.cipated student yield as different forms of housing at different
price points yield different numbers of students. Please refer to the Schools sec.on included in this report for
addi.onal informa.on on school enrollment and capacity.
The proposed R-10 zoning district is compa.ble with that of adjacent proper.es.
The proposed R-10 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in
line with the densi.es and uses recommended for General Residen.al areas than the exis.ng zoning. Addi.onally, the
densi.es and range of housing types allowed in the proposed zoning district would support exis.ng and future
Planning Board - December 2, 2021
ITEM: 5
community-level nodes.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of this applica.on and suggest the following mo.on:
I move to recommend APPROVAL of the proposed rezoning to a R-10 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line
with the densi.es and uses recommended for General Residen.al areas than the exis.ng zoning. I also
find recommending APPROVAL of the rezoning request is reasonable and in the public interest because
the densi.es and range of housing types allowed in the proposed zoning district would support exis.ng
and future community-level nodes, and current B-2 zoning designa.on would allow for commercial uses
not recommended for General Residen.al areas.
Alterna.ve Mo.on for Denial:
I move to recommend DENIAL of the proposed rezoning to a R-10 district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line
with the densi.es and uses recommended for General Residen.al areas than the exis.ng zoning, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because the
proposal is not consistent with the desired character of the surrounding community and the density will
adversely impact the adjacent areas.
ATTACHMENTS:
Descrip.on
Z21-17 Script PB
Z21-17 Staff Report PB
Z21-17 Zoning Map PB
Z21-17 FLUM PB
Z21-17 Neighboring Properties PB
Z21-17 Applicant Materials
Z21-17 Application Package PB
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 2, 2021
ITEM: 5
SCRIPT for Zoning Map Amendment Application (Z21-17)
Request by Cindee Wolf, applicant, on behalf of the property owner, JH Land, LLC, to rezone
approximately 86.10 acres of land located at the southern end of Roger Haynes Drive from B-2,
Regional Business District to R-10, Residential District.
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 (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. Close the public hearing
4. Board discussion
5. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to recommend APPROVAL of the proposed rezoning to a R-10 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is
more in line with the densities and uses recommended for General Residential areas than the
existing zoning. I also find recommending APPROVAL of the rezoning request is reasonable
and in the public interest because the densities and range of housing types allowed in the
proposed zoning district would support existing and future community-level nodes, and current
B-2 zoning designation would allow for commercial uses not recommended for General
Residential areas.
Example Motion for Denial
I move to recommend DENIAL of the proposed rezoning to a R-10 district. While I find it to
be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district
is more in line with the densities and uses recommended for General Residential areas than the
existing zoning, I find recommending DENIAL of the rezoning request is reasonable and in the
public interest because the proposal is not consistent with the desired character of the
surrounding community and the density will adversely impact the adjacent areas.
Planning Board - December 2, 2021
ITEM: 5 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a R-10 Residential 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]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - December 2, 2021
ITEM: 5 - 1 - 2
Z21-17 Staff Report 12.2.2021 Page 1 of 14
STAFF REPORT FOR Z21-17
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z21-17
Request:
Rezoning to R-10 district
Applicant: Property Owner(s):
Cindee Wolf JH Land, LLC
Location: Acreage:
Located at the southern end of Roger
Haynes Drive 86.10
PID(s): Comp Plan Place Type:
Portion of Parcel ID: R01100-009-015-000 General Residential
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be developed
in accordance with the R-10 district
Current Zoning: Proposed Zoning:
B-2, Regional Business R-10, Residential
SURROUNDING AREA
LAND USE ZONING
North Undeveloped B-2
East I-40 Right-of-Way N/A
South Undeveloped R-10
West Recreation fields for Holly Shelter Middle School;
Undeveloped land R-15
Planning Board - December 2, 2021
ITEM: 5 - 2 - 1
Z21-17 Staff Report 12.2.2021 Page 2 of 14
ZONING HISTORY
July 7, 1972 Initially zoned I-2 (Areas 8A, 8B)
April 2, 2007
Board of Commissioners approved Z-857 which rezoned a 341 acre I-2
zoned parcel into approximately 120 acres of B-2 Highway Commercial
District, approximately 85 acres of R-10 Residential District, and
approximately 137 acres of R-15 Residential District.
COMMUNITY SERVICES
Water/Sewer Available through CFPUA, extension of services required from Roger
Haynes Drive at time of development.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Castle Hayne
Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools
For more information, see the Schools section of this report.
Recreation Riverside Park, Northern Regional Park at Castle Hayne, Blue Clay Bike
Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - December 2, 2021
ITEM: 5 - 2 - 2
Z21-17 Staff Report 12.2.2021 Page 3 of 14
APPLICANT’S PROPOSAL
• This application proposes to rezone 86.10 acres from B-2 to R-10.
• According to the applicant, the proposed zoning will allow for the provision of housing for future
development in a land use pattern that is more consistent with the 2016 Comprehensive Land
Use Plan.
ZONING CONSIDERATIONS
• The I-2 district in this area was established in 1972. However, the parcel was rezoned in April
of 2007 to B-2, R-10, and R-15, with 120 acres being rezoned from I-2 to B-2. The applicant
seeks to rezone 86.10 acres of the B-2 zoning district to R-10.
• The purpose of the B-2 district is to provide for the proper site layout and development of
larger format or larger structure size business uses, including big box stores and automobile
dealers. It is also designed to provide for the appropriate location and design of auto oriented
uses that meet the needs of the motoring public or that rely on pass-by traffic.
• It is estimated that 86.10 acres of property zoned B-2 can generally support approximately
675,000 square feet of traditional general retail uses based on a typical 18% building area
for this type of zoning. For comparison, this percentage of building footprint area is similar to
Beau Rivage Shopping Center, a B-2 zoned property located in south-central unincorporated
New Hanover County.
• The purpose of the Residential-10 (R-10) District is to provide lands that accommodate new
residential neighborhoods and encourage the conservation of existing residential lots and
neighborhoods. Neighborhoods in the R-10 District are relatively low density in character and
include a limited mix of single family and duplex housing types. If public water is not available,
the water system infrastructure must be installed in accordance with County standards and
connected when a public supply becomes available. R-10 district lands may be established in
proximity to neighborhood or community commercial districts to encourage the establishment of
walkable development patterns.
• If developed at the maximum R-10 density of 3.3 units per acre, this could yield a potential
maximum of 284 dwelling units.
• Although there are a limited number of civic, institutional, educational, and recreational uses
permitted by-right in the R-10 district, the typical development pattern in these districts do not
include such uses. Such uses within the R-10 zoning district include, but are not limited to, libraries,
religious assemblies, and EMS facilities. These uses are also permitted within the B-2 zoning
district. Any proposed non-residential use would be subject to the applicable site design and
approval provisions within the Unified Development Ordinance (UDO).
Planning Board - December 2, 2021
ITEM: 5 - 2 - 3
Z21-17 Staff Report 12.2.2021 Page 4 of 14
Residential
Industrial/Commercial
Typical Development under
Current B-2 Zoning:
- 675,000 sf of retail
Typical Development under
Proposed R-10 Zoning:
284 Dwelling Units
-
Net Change: + 284 Dwelling Units - 675,000 sf of retail
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - December 2, 2021
ITEM: 5 - 2 - 4
Z21-17 Staff Report 12.2.2021 Page 5 of 14
TRANSPORTATION
• The site is accessed by Roger Haynes Drive, a local road that connects directly to Holly Shelter
Road.
• Traffic Impact Analyses are not required for a straight rezoning, as a specific development
proposal is required to thoroughly analyze access, potential trip generation, and roadway
improvements.
• Before any development can occur on this site, the Technical Review Committee will review all
plans for compliance with applicable land use regulations, including any recommended
roadway improvements from traffic impact analyses to ensure adequate traffic safety and
distribution. Recommended roadway improvements will be completed as required by a Traffic
Impact Analysis (TIA) or through the NCDOT Driveway permitting process.
• The trips generated from the requested B-2 portion of the property would vary based on the
proposed uses within this district. It is estimated that 86.10 acres of property zoned B-2 can
generally support approximately 675,000 square feet of traditional general retail uses based
on a typical 18% building area for this type of zoning. Such a development is estimated to
generate about 635 AM and 2,572 PM peak hour trips.
Planning Board - December 2, 2021
ITEM: 5 - 2 - 5
Z21-17 Staff Report 12.2.2021 Page 6 of 14
• Under the proposed zoning district, a maximum of 284 dwelling units could potentially be
constructed on the site, which is estimated to generate about 206 trips in the AM and 277 trips
in the PM peak hours, likely over a longer-term phased development.
• The net change from the potential trip generation if the site were to be developed under the
existing B-2 district with approximately 675,000 sf of retail to the proposed R-10 district shows
an approximate decrease of 429 AM peak hour trips and an approximate decrease of 2,295
PM peak hour trips. General retail uses typically generate the bulk of their trips during the PM
hours as retail uses are often not the weekday rush hour destination for motorists.
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development under
Current B-2 Zoning: 675,000 sf of retail
635 AM / 2,572 PM
Potential Trip Generation
under Proposed Zoning:
R-10: 284 conventional
units 206 AM / 277 PM
Potential Net Change under
Proposed Zoning: - - 429 AM / - 2,295 PM
• As there is not a specific development proposal at this time to analyze traffic impacts for, staff
has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While
volume to capacity ratio, based on average daily trips, can provide a general idea of the
function of adjacent roadways, the delay vehicles take in seconds to pass through intersections
is generally considered a more effective measure when determining the Level of Service of a
roadway.
• The most recent traffic counts in the area indicate capacity currently exists on the Holly Shelter
Road and N College Road corridors.
WMPO Average Annual Daily Traffic (AADT)
Road Location Volume Capacity V/C
Holly Shelter
Road 4500 Block (west of I-40) 12,399 15,459 0.80
N College Road
5000 Block (between Castle
Hayne Road and Old Oakland
Drive)
11,234 17,375 0.65
Planning Board - December 2, 2021
ITEM: 5 - 2 - 6
Z21-17 Staff Report 12.2.2021 Page 7 of 14
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
• STIP Project I-6039
o Project to rehabilitate pavement of I-40. Project is occurring from mile marker 420 to
NC 210 (mile marker 408) for a total length of 11.9 miles.
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
• There have not been any recent TIA’s in a one-mile vicinity of the subject site that would impact
the nearby transportation network expected to be used by development on this site.
Planning Board - December 2, 2021
ITEM: 5 - 2 - 7
Z21-17 Staff Report 12.2.2021 Page 8 of 14
ENVIRONMENTAL
• The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
• The entire subject site is located 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) and Class III (severe limitation). However, the
site is expected to be served by CFPUA as utilities become available.
OTHER CONSIDERATIONS
SCHOOLS
• Students generated from development of this parcel would be assigned to Castle Hayne
Elementary, Holly Shelter Middle, and Laney High schools. Students may apply to attend public
magnet, year-round elementary, or specialty high schools.
• The typical by-right development in the B-2 district is not expected to generate any additional
students. A maximum of 284 units could be developed under the proposed zoning.
• Based on current student generation rate*, the maximum development within the proposed
zoning district can be estimated to generate 63 additional students than if developed under
existing zoning.
• The general student generation rate provides only an estimate of anticipated student yield as
different forms of housing at different price points yield different numbers of students. Over
the past four years, staff has also seen a decline in the number of students generated by new
development. Student numbers remained relatively stable between 2015 and 2020
(excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were
permitted across the county. In addition, the student population is anticipated to only grow by
approximately 1,300 students over the next 10 years based on the recent New Hanover County
Schools Facility Needs Study.
Planning Board - December 2, 2021
ITEM: 5 - 2 - 8
Z21-17 Staff Report 12.2.2021 Page 9 of 14
Development Type Intensity Estimated Student Yield
(current general student generation rate)*
Existing Development Undeveloped Approximate* Total: 0
(0 elementary, 0 middle, 0 high
Typical Development
under Current B-2 Zoning 675,000 sf of retail Approximate* Total: 0
(0 elementary, 0 middle, 0 high
Potential Development
under Proposed Zoning
Districts
284 residential units Approximate* Total: 63
(26 elementary, 14 middle, 23 high)
*The current general student generation rate was calculated by dividing the projected New Hanover County public
school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there
are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated
per dwelling unit across New Hanover County. These numbers are updated annually and include students attending
out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech.
**Because the student generation rate often results in fractional numbers, all approximate student generation yields
with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are
rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the
approximate total.
• Developments of the size and type associated with the proposed rezoning would likely not
reach full build-out for over 5 years. As a result, existing school enrollment and capacity is not
likely to be relevant. New Hanover County Schools staff would include this project if approved
in future facility planning initiatives in order to accommodate any resulting student growth.
• Staff has provided information on existing school capacity to provide a general idea of the
potential impact on public schools, but these numbers do not reflect any future capacity
upgrades.
School Enrollment* and Capacity**—2021-2022 Estimates
*Enrollment is based on the New Hanover County Schools enrollment projections for the 2021-2022 school year.
**Capacity calculations were determined based on the projected capacities for the 2021-2022 school year,
and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover
County Schools to the Board of Education in January 2021. This information does not take into account flexible
scheduling that may be available in high school settings, which can reduce the portion of the student body on campus
at any one time.
Level
Total
NHC %
Capacity School
Enrollment of
Assigned
School
Capacity of
Assigned
School w/
Portables
% of
Capacity of
Assigned
School
Funded
Capacity
Upgrades
Elementary 91% Castle Hayne 483 529 91% None
Middle 98% Holly Shelter 917 934 98% None
High 105% Laney 2063 1903 108% None
Planning Board - December 2, 2021
ITEM: 5 - 2 - 9
Z21-17 Staff Report 12.2.2021 Page 10 of 14
REPRESENTATIVE DEVELOPMENTS
Representative Developments of R-10:
Rachel’s Place Planter’s Walk
Palm Grove
Planning Board - December 2, 2021
ITEM: 5 - 2 - 10
Z21-17 Staff Report 12.2.2021 Page 11 of 14
Representative Regional Business Developments:
Bayshore Commons Bayshore Commons
Villages at Myrtle Grove Shopping Center
Planning Board - December 2, 2021
ITEM: 5 - 2 - 11
Z21-17 Staff Report 12.2.2021 Page 12 of 14
CONTEXT AND COMPATIBILITY
• The subject property is located adjacent at the end of Roger Haynes Drive and is bounded on
three sides of undeveloped land and I-40 to the east.
• The site has access via a private roadway to Holly Shelter Road, which is an NCDOT other
principal arterial road. The site is adjacent to undeveloped property on the northern, western,
and southern boundaries. Closer to Holly Shelter Road, the land use pattern transitions to single-
family residential developments. Roger Haynes Drive also provides access to Castle Hayne
Elementary and Holly Shelter Middle Schools.
• The proposed district provides a transition from the high-intensity adjacent interstate to
undeveloped land and existing single-family neighborhoods in the vicinity of the subject
property.
• The proposed R-10 zoning district significantly reduces the number of commercial uses that are
allowed under the current B-2 zoning. The northern portion of the parcel that fronts Holly Shelter
Road and Roger Haynes Drive will remain B-2 zoning. As such, development located within that
zoning district would be subject to B-2 standards.
• The 2016 Comprehensive Plan recommends this form of land use, categorized as general
residential, between N College Road, and I-40 south of Holly Shelter Road.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Planning Board - December 2, 2021
ITEM: 5 - 2 - 12
Z21-17 Staff Report 12.2.2021 Page 13 of 14
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on small-scale, lower density housing, associated civic and limited
commercial services development that enhances neighborhood character.
Types of appropriate uses include single-family residential, low-density
multi-family residential, light commercial, civic, and recreational projects.
Analysis
The subject property is located within the north-central portion of the county
in close proximity to an arterial road and is surrounded by undeveloped
land and directly abuts I-40.
The Comprehensive Plan classifies the property as General Residential,
which allows for lower to medium densities up to 8 du/acre. Lower density
residential development is appropriate when limitations to more dense
developments exist, such as the subject property’s lack of direct access to I-
40 or an existing collector street. The proposed R-10 rezoning is more
consistent with the residential densities, with the R-10 base density allowing
for up to 3.3 dwelling units/acre. This is more consistent with what is
designated in the Future Land Use Plan than what types of development are
allowed within the B-2 zoning district.
In addition, the types of uses allowed within the proposed R-10 zoning
district are more consistent than those permissible within the existing B-2
zoning. The current B-2 zoning designation would allow for commercial
uses that are not recommended for General Residential areas and is more
commonly associated with Commerce Zones because of the range of
commercial uses possible.
Consistency
Recommendation
The proposed R-10 zoning is generally CONSISTENT with the 2016
Comprehensive Plan because the district is more in line with the densities
and uses recommended for General Residential areas than the existing
zoning. Additionally, the densities and range of housing types allowed in
the proposed zoning district would support existing and future community-
level nodes.
Planning Board - December 2, 2021
ITEM: 5 - 2 - 13
Z21-17 Staff Report 12.2.2021 Page 14 of 14
STAFF RECOMMENDATION
The proposed R-10 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because
the district is more in line with the densities and uses recommended for General Residential areas
than the existing zoning. Additionally, the densities and range of housing types allowed in the
proposed zoning district would support existing and future community-level nodes.
Therefore, staff recommends approval of this application and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning to a R-10 district. I find
it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because
the district is more in line with the densities and uses recommended for General
Residential areas than the existing zoning. I also find recommending APPROVAL of
the rezoning request is reasonable and in the public interest because the densities and
range of housing types allowed in the proposed zoning district would support existing
and future community-level nodes, and current B-2 zoning designation would allow for
commercial uses not recommended for General Residential areas.
Alternative Motion for Denial
I move to recommend DENIAL of the proposed rezoning to a R-10 district. While I find
it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because
the district is more in line with the densities and uses recommended for General
Residential areas than the existing zoning, I find recommending DENIAL of the rezoning
request is reasonable and in the public interest because the proposal is not consistent
with the desired character of the surrounding community and the density will adversely
impact the adjacent areas.
Planning Board - December 2, 2021
ITEM: 5 - 2 - 14
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Z21-17
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Subject Site
Planning Board - December 2, 2021
ITEM: 5 - 3 - 1
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R-10B-2/ UndevelopedEnd of
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Z21-17
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Subject Site
Planning Board - December 2, 2021
ITEM: 5 - 4 - 1
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Planning Board - December 2, 2021
ITEM: 5 - 5 - 1
APPLICANT
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Planning Board - December 2, 2021
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Page 1 of 5
Zoning Map Amendment Application – Updated 12-2020
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
ZONINGMAP AMENDMENTAPPLICATION
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
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 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
Public Hearing Procedures
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal & Acceptance
2
Planning
Director Review & Staff Report
3
Public Hearing
Scheduling &Notification
4
Planning Board
Hearing & Recom-mendation
5
Board of
CommissionersHearing & Decision
6
Post-Decision
Limitations and Actions
Design Solutions
Cindee Wolf
P.O. Box 7221
Wilmington, NC 28406
910-620-2374
cwolf@lobodemar.biz
JH Land, L.L.C.
P.O. Box 3649
Wilmington, NC 28406
910-762-2676 (Contact: Hill Rogers)
hill@cameronco.com
Planning Board - December 2, 2021
ITEM: 5 - 7 - 2
Page 2 of 5
Zoning Map Amendment Application – Updated 12-2020
2.Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning
District(s)
Future Land Use
Classification
3.Zoning Map Amendment Considerations
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.?
2.How would the requested zoning change be consistent with the property’s classification on the 2016
Comprehensive Plan’s Future Land Use Map?
End of Roger Haynes Drive p/o 323107.68.3704 [R01100-009-015-000]
86.10 ac.B-2 R-10 General Residential
The tract is located in the General Residential place-type on the comprehensive land use map. Thatoverlay is intened to protect environmentally sensitive areas by limiting density and impacts ofdevelopment. The policies for growth & development encourage safe & affordable housing to beavailable to every citizen. Rezoning the subject tract from a potentially non-compatible use would beconsistent with assuring poximity of approriate land uses.
The highway-business zoning district, and its permitted uses, are less appropriate further from the Holly Shelter road corridor. The General Residential place-type acknowledges the need for somebusiness uses, but suggests them as a transition between arterial roads and lesser-density residential.The proposed residential district would be more consistent with the lands surrounding it.
Planning Board - December 2, 2021
ITEM: 5 - 7 - 3
Page 3 of 5
Zoning Map Amendment Application – Updated 12-2020
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?
4.How will this zoning change serve the public interest?
The Castle Hayne aea is slowly developing as more urban services become available. Allowingresidential development behind the remaining commercial district that still fronts the arterial roadwayis consistent with the transitioning of density and more efficient land use.
The large extent of the existing business district was presumably based on its proximity to the highwayinter-change. However, current needs for the County are more oriented towards housing. Theproposed rezoning would allow increased housing to be developed, while still preserving lands for future development of businesses to support those residents.
Planning Board - December 2, 2021
ITEM: 5 - 7 - 4
Page 4 of 5
Zoning Map Amendment Application – Updated 12-2020
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 Applicant Initial
This application form, completed and signed
Application fee:
x $500 for 5 acres or less
x $600 for more than 5 acres
Legal description (by metes and bounds) or recorded survey Map Book
and Page Reference of the property requested for rezoning
One (1) hard copy of ALL documents
Acknowledgment and Signatures Form (if applicable)
One (1) digital PDF copy of ALL documents AND plans
CAW
CAW
CAW
CAW
CAW
CAW
Planning Board - December 2, 2021
ITEM: 5 - 7 - 5
Legal Description for
Zoning Map Amendment
From B‐2 to R‐10
Beginning at a point in the western boundary of the cul‐de‐sac at the end of Roger Haynes
Drive, a right‐of‐way extending from Holly Shelter Road (S.R. 1002), a 60’ public right‐of‐way;
said point shown on a plat entitled “Boundary Survey for New Hanover County Schools,”
recorded among the land records of the New Hanover County Registry in Map Book 52, at Page
234; and running thence from the point of beginning:
South 06020’31” West, 612.19 feet to a point; thence
South 17044’22” East, 803.57 feet to a point; thence
South 27036’18” East, 397.04 feet to a point; thence
South 05042’53” East, 120.00 feet to a point; thence
Along a curve to the left, having a Radius of 1200.00 feet and Length of 1204.76 feet, a Chord
of South 81018’36” East, 1154.80 feet to a point; thence
North 68018’00” East, 878.86 feet to a point in the boundary of Interstate Highway 40, a public
right‐of‐way; thence with that right‐of‐way,
North 21047’18” West, 136.21 feet to a point; thence
North 22054’40” West, 1197.90 feet to a point; thence
North 24012’36” West, 191.15 feet to a point; thence
Along a curve to the left, having a radius of 1307.39 feet and Length of 513.52 feet, a Chord
of North 38009’09” West, 510.23 feet to a point; thence
North 52006’10” West, 191.44 feet to a point; thence
North 49056’21” West, 200.43 feet to a point; thence leaving the I‐40 right‐of‐way,
South 40003’39” West, 61.18 feet to a point; thence
South 07050’33” West, 172.29 feet to a point; thence
Along a curve to the left, having a Radius of 195.00 feet and Length of 183.86 feet, a Chord
of South 64056’40” West, 177.13 feet to a point; thence
South 37055’59” West, 233.35 feet to a point; thence
Along a curve to the right, having a Radius of 655.00 feet and Length of 452.31 feet, a Chord
of South 57042’57’ West, 443.38 feet to a point; thence
North 05000’13” West, 89.77 feet to a point; thence
Along a curve to the left, having a Radius of 345.00 feet and Length of 310.55 feet, a Chord
of North 30047’28” West, 300.17 feet to a point; thence
North 56034’43” West, 132.03 feet to a point in the Roger Haynes Drive cul‐de‐sac boundary;
thence with that right‐of‐way,
Along a curve to the right, having a Radius of 67.00 feet and Length of 151.63 feet, a Chord
of South 58006’28” West, 121.28 feet to the point and place of beginning, containing
86.10 acres, more or less.
Planning Board - December 2, 2021
ITEM: 5 - 7 - 6
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/2/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Julian Griffee, Current Planner
CONTACT(S): Julian Griffee; Rebekah Roth, Planning & Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z21-18) - Request by Cindee Wolf, applicant on behalf of the property owner, Hilda C. Dill etal,
to rezone approximately 4.97 acres of land located along the western side of I-40, opposite the end of Brookdale
Drive, from I-2, Heavy Industrial District to R-10, ResidenAal District.
BRIEF SUMMARY:
The applicant is seeking to rezone 4.97 acres of land located along the western side of I-40, opposite the end of
Brookdale Drive, from I-2, Heavy Industrial District to R-10, Residen1al District.
Because this is a straight rezoning, a conceptual plan is not included within the applica1on. The subject site would be
required to meet all the Unified Development Ordinance (UDO) requirements for development within the R-10
district. Types of uses allowed and commonly found in the R-10 district include civic, ins1tu1onal, and recrea1onal
uses like parks and recrea1on areas, religious assemblies, and EMS facili1es. Some of these uses are also permi;ed
within the I-2 zoning district. Any proposed non-residen1al use would be subject to the applicable site design and
approval provisions within the UDO.
The purpose of the I-2, Heavy Industrial District is to provide lands that accommodate a full range of heavy industry
uses to support the development and success of industrial and commerce clusters as iden1fied in the Comprehensive
Plan. The purpose of the Residen1al-10 (R-10) District is to provide lands that accommodate new residen1al
neighborhoods and encourage the conserva1on of exis1ng residen1al lots and neighborhoods.
It is es1mated that 4.97 acres of property zoned I-2 can generally support approximately 21,500 square feet of
industrial uses (assembly, fabrica1on, packaging, and transport) based on a typical 10% building area for this type of
zoning. If developed at the maximum R-10 density of 3.3 units per acre, this could yield a poten1al maximum of 284
dwelling units.
The net change from the poten1al trip genera1on if the site were to be developed under the exis1ng I-2 district with
with the typical 10% footprint of light manufacturing uses to the proposed R-10 district shows an approximate increase
of 1 AM peak hour trips and an approximate increase of 2 PM peak hour trips.
Based on current general student genera1on rate*, the maximum development within the proposed zoning district can
be es1mated to generate 4 addi1onal students than if developed under exis1ng zoning. The general student genera1on
rate provides only an es1mate of an1cipated student yield as different forms of housing at different price points yield
different numbers of students. Please refer to the Schools sec1on included in this report for addi1onal informa1on on
school enrollment and capacity.
The proposed R-10 zoning district is compa1ble with that of adjacent proper1es.
The proposed R-10 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in
Planning Board - December 2, 2021
ITEM: 6
line with the densi1es and uses recommended for General Residen1al areas than the exis1ng zoning. Addi1onally, the
densi1es and range of housing types allowed in the proposed zoning district would support exis1ng and future
community-level nodes.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of this applica1on and suggest the following mo1on:
I move to recommend APPROVAL of the proposed rezoning to an R-10 district. I find it to
be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line
with the densi1es and uses recommended for General Residen1al areas than the exis1ng zoning. I also find
recommending APPROVAL of the rezoning request is reasonable and in the public interest because the
densi1es and range of housing types allowed in the proposed zoning district would support exis1ng and future
community-level nodes, and current I-2 zoning designa1on would allow for industrial uses not recommended
for General Residen1al areas.
Alterna1ve Mo1on for Denial
I move to recommend DENIAL of the proposed rezoning to an R-10 district. While I find it to
be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line
with the densi1es and uses recommended for General Residen1al areas than the exis1ng zoning, I find
recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is
not consistent with the desired character of the surrounding community and the density will adversely impact
the adjacent areas.
ATTACHMENTS:
Descrip1on
Z21-18 Script PB
Z21-18 Staff Report PB
Z21-18 Zoning Map PB
Z21-18 FLUM PB
Z21-18 Neighboring Properties PB
Z21-18 Applicant Materials
Z21-18 Application Package PB
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 2, 2021
ITEM: 6
SCRIPT for Zoning Map Amendment Application (Z21-18)
Request by Cindee Wolf, applicant, on behalf of the property owner, Hilda C. Dill etal, to rezone
approximately 4.97 acres of land located at the southern end of Roger Haynes Drive from I-2, Regional
Business District to R-10, Residential District.
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 (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. Close the public hearing
4. Board discussion
5. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to recommend APPROVAL of the proposed rezoning to a R-10 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is
more in line with the densities and uses recommended for General Residential areas than the
existing zoning. I also find recommending APPROVAL of the rezoning request is reasonable
and in the public interest because the densities and range of housing types allowed in the
proposed zoning district would support existing and future community-level nodes, and current
I-2 zoning designation would allow for industrial uses not recommended for General
Residential areas.
Example Motion for Denial
I move to recommend DENIAL of the proposed rezoning to a R-10 district. While I find it to
be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district
is more in line with the densities and uses recommended for General Residential areas than the
existing zoning, I find recommending DENIAL of the rezoning request is reasonable and in the
public interest because the proposal is not consistent with the desired character of the
surrounding community and the density will adversely impact the adjacent areas.
Planning Board - December 2, 2021
ITEM: 6 - 1 - 1
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] the proposed rezoning to a R-10 Residential 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]
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Planning Board - December 2, 2021
ITEM: 6 - 1 - 2
Z21-18 Staff Report 12.2.2021 Page 1 of 15
STAFF REPORT FOR Z21-18
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z21-18
Request:
Rezoning to R-10 district
Applicant: Property Owner(s):
Cindee Wolf Hilda C. Dill etal
Location: Acreage:
Located along the western side of I-40,
opposite the end of Brookdale Drive 4.97
PID(s): Comp Plan Place Type:
Parcel ID: R01800-002-027-000 General Residential
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be developed
in accordance with the R-10 district
Current Zoning: Proposed Zoning:
I-2, Heavy Industrial R-10, Residential
SURROUNDING AREA
LAND USE ZONING
North I-40 Right-of-Way N/A
East I-40 Right-of-Way N/A
South Undeveloped R-10
West Undeveloped R-10
Planning Board - December 2, 2021
ITEM: 6 - 2 - 1
Z21-18 Staff Report 12.2.2021 Page 2 of 15
ZONING HISTORY
July 7, 1972 Initially zoned I-2 (Areas 8A, 8B)
COMMUNITY SERVICES
Water/Sewer Available through CFPUA, extension of services required from Roger
Haynes Drive at time of development.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Castle Hayne
Schools
Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools
For more information, see the Schools section of this report.
Recreation
Riverside Park, Northern Regional Park at Castle Hayne, Blue Clay Bike
Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
Conservation Resource maps indicate that a small area of Wetlands may
be present on the far southern border of the property. The location of
any wetlands will be verified during the TRC review process.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - December 2, 2021
ITEM: 6 - 2 - 2
Z21-18 Staff Report 12.2.2021 Page 3 of 15
APPLICANT’S PROPOSAL
• This application proposes to rezone 4.97 acres from I-2 to R-10.
• According to the applicant, the proposed zoning will allow for the provision of housing for future
development in a land use pattern that is more consistent with the 2016 Comprehensive Land
Use Plan.
ZONING CONSIDERATIONS
• The I-2 district in this area was established in 1972. The purpose of the I-2, Heavy Industrial
District is 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.
• Uses allowed in the district include manufacturing, fabrication, assembly, warehousing,
distribution, and accessory outside storage uses associated with heavy industrial uses, where
such heavy industrial uses are served by rail, waterway, and/or highway transportation
systems.
• District regulations also require transitional buffers between I-2 properties and adjacent, non-
industrial uses.
• It is estimated that 4.97 acres of property zoned I-2 can generally support approximately
21,500 square feet of industrial uses (assembly, fabrication, packaging, and transport) based
on a typical 10% building area for this type of zoning.
• The purpose of the Residential-10 (R-10) District is to provide lands that accommodate new
residential neighborhoods and encourage the conservation of existing residential lots and
neighborhoods. Neighborhoods in the R-10 District are relatively low density in character and
include a limited mix of single family and duplex housing types. If public water is not available,
the water system infrastructure must be installed in accordance with County standards and
connected when a public supply becomes available. R-10 district lands may be established in
proximity to neighborhood or community commercial districts to encourage the establishment of
walkable development patterns.
• If developed at the maximum R-10 density of 3.3 units per acre, this could yield a potential
maximum of 16 dwelling units.
• Although there are a limited number of civic, institutional, educational, and recreational uses
permitted by-right in the R-10 district, the typical development pattern in these districts do not
include such uses. Such uses within the R-10 zoning district include, but are not limited to, parks
and recreation areas, religious assemblies, and EMS facilities. Some of these uses are also
permitted within the I-2 zoning district. Any proposed non-residential use would be subject to
Planning Board - December 2, 2021
ITEM: 6 - 2 - 3
Z21-18 Staff Report 12.2.2021 Page 4 of 15
the applicable site design and approval provisions within the Unified Development Ordinance
(UDO).
Residential
Industrial/Commercial
Typical Development under
Current I-2 Zoning:
- 21,500 sf of heavy industrial
Typical Development under
Proposed R-10 Zoning:
16 Dwelling Units
-
Net Change: + 16 Dwelling Units - 21,500 sf of heavy industrial
AREA SUBDIVISIONS UNDER DEVELOPMENT
Planning Board - December 2, 2021
ITEM: 6 - 2 - 4
Z21-18 Staff Report 12.2.2021 Page 5 of 15
TRANSPORTATION
• The site fronts, but will not be provided access to, I-40.
• Traffic Impact Analyses are not required for a straight rezoning, as a specific development
proposal is required to thoroughly analyze access, potential trip generation, and roadway
improvements.
• Before any development can occur on this site, the Technical Review Committee will review all
plans for compliance with applicable land use regulations, including any recommended
roadway improvements from traffic impact analyses to ensure adequate traffic safety and
distribution. Recommended roadway improvements will be completed as required by a TIA or
through the NCDOT Driveway permitting process.
• The trips generated from the existing I-2 portion of the property would vary based on the
proposed uses within this district. If this portion of the site was developed with a typical
approximate 10% building footprint, approximately 21,500 sf of heavy industrial uses or
comparable development is estimated to generate about 15 AM trips and 14 PM trips in the
peak hours.
Planning Board - December 2, 2021
ITEM: 6 - 2 - 5
Z21-18 Staff Report 12.2.2021 Page 6 of 15
• Under the proposed zoning district, a maximum of 16 dwelling units could potentially be
constructed on the site, which is estimated to generate about 16 trips in the AM and 16 trips in
the PM peak hours.
• The net change from the potential trip generation if the site were to be developed under the
existing I-2 district with approximately 21,500 sf of heavy industrial to the proposed R-10
district shows an approximate increase of 1 AM peak hour trips and an approximate increase
of 2 PM peak hour trips.
Intensity Approx. Peak Hour Trips
Existing Development: Undeveloped 0 AM / 0 PM
Typical Development under
Current I-2 Zoning:
21,500 sf of light industrial
(ITE 110) 15 AM / 14 PM
Potential Trip Generation
under Proposed R-10 Zoning: 16 conventional units 16 AM / 16 PM
Potential Net Change under
Proposed Zoning: - + 1 AM / + 2 PM
• As there is not a specific development proposal at this time to analyze traffic impacts for, staff
has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While
volume to capacity ratio, based on average daily trips, can provide a general idea of the
function of adjacent roadways, the delay vehicles take in seconds to pass through intersections
is generally considered a more effective measure when determining the Level of Service of a
roadway.
• The most recent traffic counts in the area indicate capacity currently exists on the Holly Shelter
Road and N College Road corridors.
WMPO Average Annual Daily Traffic (AADT)
Road Location Volume Capacity V/C
Holly Shelter
Road 4500 Block (west of I-40) 12,399 15,459 0.80
N College Road
5000 Block (between Castle
Hayne Road and Old Oakland
Drive)
11,234 17,375 0.65
Planning Board - December 2, 2021
ITEM: 6 - 2 - 6
Z21-18 Staff Report 12.2.2021 Page 7 of 15
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby NC STIP Projects:
• STIP Project I-6039
o Project to rehabilitate pavement of I-40. Project is occurring from mile marker 420 to
NC 210 (mile marker 408) for a total length of 11.9 miles.
Planning Board - December 2, 2021
ITEM: 6 - 2 - 7
Z21-18 Staff Report 12.2.2021 Page 8 of 15
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Proposed Development Land Use/Intensity TIA Status
1. Parsons Mill
• 204 Single-Family Homes
• 150 Townhomes
• Amended approval February
26, 2014
• 2024 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• Construct a left-turn lane on the northbound approach of North College Road. The
left-turn lane should provide a minimum of 100 feet of full-width storage and an
appropriate taper.
• Construct site access with 1entering lane and 2 exiting lanes. Provide an exiting
right turn lane with full storage and an exiting left turn lane with a minimum of 100
feet of full storage and adequate taper.
Nearby Proposed Developments included within the TIA:
• None
Development Status: Development and improvements are currently under construction.
2. Sidbury Crossings • 320 Multi-family Housing
Mid-Rise
• Approved August 17, 2020
• 2022 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
• SR 1336 / SR 1572 (Sidbury Road) at SR 2181 (Dairy Farm Road) (stop-controlled
full movement T-intersection)
o Extend the eastbound left turn lane to 275 feet of storage (or maximum
available without modifying the bridge).
o Construct a westbound right turn lane with taper only.
o Construct a southbound left turn lane with 50 feet of storage, 50 feet of full
width deceleration, and 200 feet of taper.
• SR 1336 / SR 1572 (Sidbury Road) at SR 1318 (Blue Clay Road) (stop-controlled
T-intersection)
o Realign the intersection to provide stop control for the southbound approach
only, allowing the eastbound and westbound approaches to operate free
flow.
• US117 (N. College Road) at SR 1318 (Blue Clay Road) (signalized full movement
intersection)
o Construct a westbound right turn lane with 150 feet of storage, 50 feet of
full width deceleration and 200 feet of taper.
Planning Board - December 2, 2021
ITEM: 6 - 2 - 8
Z21-18 Staff Report 12.2.2021 Page 9 of 15
o Extend the westbound left turn lane ~150 feet to connect to the two-way
left-turn lane.
o Revise signal.
• SR 2181 (Dairy Farm Road) at Site Access 1(proposed stop-controlled full movement
intersection)
o Construct the site access with one ingress and one egress lanes.
o Provide stop control for the eastbound approach.
o Provide 100 feet of internal protected stem on the eastbound approach.
o Design site access according to NCDOT standards
• SR 2181 (Dairy Farm Road) at Site Access 2(proposed stop-controlled full movement
intersection)
o Construct the site access with one ingress and one egress lanes.
o Provide stop control for the eastbound approach.
o Provide 100 feet of internal protected stem on the eastbound approach.
o Design site access according to NCDOT standards.
• SR 2181 (Dairy Farm Road) at Site Access 1(proposed stop-controlled full movement
intersection)
o Construct the site access with one ingress and one egress lanes.
o Provide stop control for the eastbound approach.
o Provide 100 feet of internal protected stem on the eastbound approach.
o Design site access according to NCDOT standards.
Nearby Proposed Developments included within the TIA:
• Sidbury Road Development (Sidbury Road between Edna Buck Drive and Buck
Drive)
• Cape Landing Development (Blue Clay Road at N. College)
Development Status: No construction has started at this time.
ENVIRONMENTAL
• The southern half of the property is located within an AE Flood-zone and AE Floodway.
Wetlands also may be present in the southern portion of the parcel.
• The entire site is located 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), III (severe limitation), and a small area of Class
IV (unsuitable) soils. However, the site is expected to be served by CFPUA as utilities become
available.
Planning Board - December 2, 2021
ITEM: 6 - 2 - 9
Z21-18 Staff Report 12.2.2021 Page 10 of 15
OTHER CONSIDERATIONS
SCHOOLS
• Students generated from this development would be assigned to Castle Hayne Elementary,
Holly Shelter Middle, and Laney High schools. Students may apply to attend public magnet,
year-round elementary, or specialty high schools.
• Based on current general student generation rate*, the maximum development within the
proposed zoning district can be estimated to generate 4 additional students than if developed
under existing zoning.
• The general student generation rate provides only an estimate of anticipated student yield as
different forms of housing at different price points yield different numbers of students. Over
the past four years, staff has also seen a decline in the number of students generated by new
development. Student numbers remained relatively stable between 2015 and 2020
(excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were
permitted across the county. In addition, the student population is anticipated to only grow by
approximately 1,300 students over the next 10 years based on the recent New Hanover County
Schools Facility Needs Study.
Development Type Intensity Estimated Student Yield
(current general student generation rate)*
Existing Development Undeveloped Approximate* Total: 0
(0 elementary, 0 middle, 0 high
Typical Development
under Current I-2 Zoning
21,500 sf of heavy
industrial
Approximate* Total: 0
(0 elementary, 0 middle, 0 high
Potential Development
under Proposed Zoning
Districts
16 residential units Approximate* Total: 4
(2 elementary, 1 middle, 1 high)
*The current general student generation rate was calculated by dividing the projected New Hanover County public
school student enrollment for the 2021-2022 school year by the number of dwelling units in the county. Currently, there
are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated
per dwelling unit across New Hanover County. These numbers are updated annually and include students attending
out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech.
**Because the student generation rate often results in fractional numbers, all approximate student generation yields
with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are
rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the
approximate total.
• Developments of the size and type associated with the proposed rezoning would likely not
reach full build-out for over 5 years. As a result, existing school enrollment and capacity is not
likely to be relevant. New Hanover County Schools staff would include this project if approved
in future facility planning initiatives in order to accommodate any resulting student growth.
• Staff has provided information on existing school capacity to provide a general idea of the
potential impact on public schools, but these numbers do not reflect any future capacity
upgrades.
School Enrollment* and Capacity**—2021-2022 Estimates
Planning Board - December 2, 2021
ITEM: 6 - 2 - 10
Z21-18 Staff Report 12.2.2021 Page 11 of 15
*Enrollment is based on the New Hanover County Schools enrollment projections for the 2021-2022 school year.
**Capacity calculations were determined based on the projected capacities for the 2021-2022 school year,
and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover
County Schools to the Board of Education in January 2021. This information does not take into account flexible
scheduling that may be available in high school settings, which can reduce the portion of the student body on campus
at any one time.
Level
Total
NHC %
Capacity School
Enrollment of
Assigned
School
Capacity of
Assigned
School w/
Portables
% of
Capacity of
Assigned
School
Funded
Capacity
Upgrades
Elementary 91% Castle Hayne 483 529 91% None
Middle 98% Holly Shelter 917 934 98% None
High 105% Laney 2063 1903 108% None
Planning Board - December 2, 2021
ITEM: 6 - 2 - 11
Z21-18 Staff Report 12.2.2021 Page 12 of 15
REPRESENTATIVE DEVELOPMENTS
Representative Developments of R-10:
Rachel’s Place Planter’s Walk
Palm Grove
Planning Board - December 2, 2021
ITEM: 6 - 2 - 12
Z21-18 Staff Report 12.2.2021 Page 13 of 15
Representative Industrial Developments:
N Kerr Industrial Park Dutch Square
N Kerr Industrial Park
CONTEXT AND COMPATIBILITY
• The subject property is located across I-40 from the end of Brookdale Drive and does not front
any other access roads.
• The site is adjacent to undeveloped property on the western and southern boundaries and is
bordered to the north and east by I-40.
• The proposed district provides a transition from the high-intensity adjacent interstate to
undeveloped land and existing single-family dwellings in the vicinity of the subject property.
• The proposed zoning district eliminates the potential for heavy industrial uses.
• The 2016 Comprehensive Plan recommends this form of land use, categorized as general
residential, between N College Road, and I-40 south of Holly Shelter Road.
Planning Board - December 2, 2021
ITEM: 6 - 2 - 13
Z21-18 Staff Report 12.2.2021 Page 14 of 15
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be
interpreted as being parcel specific.
Future Land Use
Map Place Type General Residential
Place Type
Description
Focuses on small-scale, lower density housing, associated civic and limited
commercial services development that enhances neighborhood character.
Types of appropriate uses include single-family residential, low-density
multi-family residential, light commercial, civic, and recreational projects.
Analysis
The subject property is located within the north-central portion of the county
in close proximity to an arterial road and is surrounded by undeveloped
land and directly abuts I-40.
The Comprehensive Plan classifies the property as General Residential,
which allows for lower to medium densities up to 8 du/acre. Lower density
residential development is appropriate when limitations to more dense
developments exist, such as the subject property’s lack of direct access to I-
40 or an existing collector street. The proposed R-10 rezoning is more
consistent with the residential densities, with the R-10 base density allowing
for up to 3.3 dwelling units/acre. This is more consistent with what is
designated in the Future Land Use Plan than what types of development are
allowed within the I-2 zoning district.
In addition, the types of uses allowed within the proposed R-10 zoning
district are more consistent than those permissible within the existing I-2
zoning. The current I-2 zoning designation would allow for industrial uses
that are not recommended for General Residential areas and is more
Planning Board - December 2, 2021
ITEM: 6 - 2 - 14
Z21-18 Staff Report 12.2.2021 Page 15 of 15
commonly associated with Commerce Zones because of the range of uses
possible.
Consistency
Recommendation
The proposed R-10 zoning is generally CONSISTENT with the 2016
Comprehensive Plan because the district is more in line with the densities
and uses recommended for General Residential areas than the existing
zoning. Additionally, the densities and range of housing types allowed in
the proposed zoning district would support existing and future community-
level nodes.
STAFF RECOMMENDATION
The proposed R-10 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because
the district is more in line with the densities and uses recommended for General Residential areas
than the existing zoning. Additionally, the densities and range of housing types allowed in the
proposed zoning district would support existing and future community-level nodes.
Therefore, staff recommends approval of this application and suggests the following motion:
I move to recommend APPROVAL of the proposed rezoning to an R-10 district. I find
it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because
the district is more in line with the densities and uses recommended for General
Residential areas than the existing zoning. I also find recommending APPROVAL of
the rezoning request is reasonable and in the public interest because the densities and
range of housing types allowed in the proposed zoning district would support existing
and future community-level nodes, and current I-2 zoning designation would allow for
industrial uses not recommended for General Residential areas.
Alternative Motion for Denial
I move to recommend DENIAL of the proposed rezoning to an R-10 district. While I
find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan
because the district is more in line with the densities and uses recommended for General
Residential areas than the existing zoning, I find recommending DENIAL of the rezoning
request is reasonable and in the public interest because the proposal is not consistent
with the desired character of the surrounding community and the density will adversely
impact the adjacent areas.
Planning Board - December 2, 2021
ITEM: 6 - 2 - 15
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Planning Board - December 2, 2021
ITEM: 6 - 3 - 1
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Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case:
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Planning Board - December 2, 2021
ITEM: 6 - 4 - 1
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Subject Site
Planning Board - December 2, 2021
ITEM: 6 - 5 - 1
APPLICANT
MATERIALS
Planning Board - December 2, 2021
ITEM: 6 - 6 - 1
Planning Board - December 2, 2021
ITEM: 6 - 6 - 2
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Page 1 of 5
Zoning Map Amendment Application – Updated 12-2020
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
ZONINGMAP AMENDMENTAPPLICATION
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
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 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
Public Hearing Procedures
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal & Acceptance
2
Planning
Director Review & Staff Report
3
Public Hearing
Scheduling &Notification
4
Planning Board
Hearing & Recom-mendation
5
Board of
CommissionersHearing & Decision
6
Post-Decision
Limitations and Actions
Design Solutions
Cindee Wolf
P.O. Box 7221
Wilmington, NC 28406
910-620-2374
cwolf@lobodemar.biz
910-762-2676 (Contact: Hill Rogers)
hill@cameronco.com
Hilda C. Dill etal
1614 S. Live Oak Pkwy.
Wilmington, NC 28403
Planning Board - December 2, 2021
ITEM: 6 - 7 - 2
Page 2 of 5
Zoning Map Amendment Application – Updated 12-2020
2.Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning
District(s)
Future Land Use
Classification
3.Zoning Map Amendment Considerations
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.?
2.How would the requested zoning change be consistent with the property’s classification on the 2016
Comprehensive Plan’s Future Land Use Map?
Along I-40 at the end of Brookdale Drive 323112.86.0774 [R01800-002-027-000]
4.97 acres I-2 R-10 General Residential
The tract is located in the General Residential place-type on the comprehensive land use map. That
overlay is intened to protect environmentally sensitive areas by limiting density and impacts of
development. The policies for growth & development encourage safe & affordable housing to be
available to every citizen. Rezoning the subject tract from a potentially non-compatible use would be
consistent with assuring poximity of approriate land uses.
The heavy-industrial zoning district, and its permitted uses are highly inappropriate for this location,and not recommended for the General Residential place-type. The proposed residential district would be consistent with the lands surrounding it.
Planning Board - December 2, 2021
ITEM: 6 - 7 - 3
Page 3 of 5
Zoning Map Amendment Application – Updated 12-2020
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?
4.How will this zoning change serve the public interest?
The subject
The subject tract is a remnant of lands severed from their original residential status, in a subdivisionnamed Brookdale Acres, by land acquisition for and construction of Interstate 40. It is unclear howthe heavy-industrial (I-2) district was applied. The tract is un-accessible, unless an access easementwould be granted by the adjacent lands, which are zoned residential. Accessing the types of usespermitted within the I-2 district through residential lands would not be appropriate.
The under-lying lands within the subject tract include wetlands and are almost entirely in a specialflood hazard area as shown on the FEMA maps. Rezoning the lands to a residential district will protect from any non-compatible use from ever being developed on the property.
Planning Board - December 2, 2021
ITEM: 6 - 7 - 4
Page 4 of 5
Zoning Map Amendment Application – Updated 12-2020
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 Applicant Initial
This application form, completed and signed
Application fee:
x $500 for 5 acres or less
x $600 for more than 5 acres
Legal description (by metes and bounds) or recorded survey Map Book
and Page Reference of the property requested for rezoning
One (1) hard copy of ALL documents
Acknowledgment and Signatures Form (if applicable)
One (1) digital PDF copy of ALL documents AND plans
CAW
CAW
CAW
CAW
CAW
CAW
Planning Board - December 2, 2021
ITEM: 6 - 7 - 5
Planning Board - December 2, 2021
ITEM: 6 - 7 - 6
Planning Board - December 2, 2021
ITEM: 6 - 7 - 7
Legal Description for
Zoning Map Amendment
From I‐2 to R‐10
Beginning at a point in the western boundary of Interstate Highway 40, a public right‐of‐way;
said point being located North 05009’20” East, 281.20 feet from the southwestern corner of Lot
13, shown on a plat entitled “Brookdale Acres,” and recorded among the land records of the
New Hanover County Registry in Map Book 7, at Page 52; and running thence from the point of
beginning, with the I‐40 right‐of‐way:
South 21045’07” East, 873.05 feet to a point; thence leaving the I‐40 right‐of‐way,
South 02000’27” West, 133.69 feet to a point in the centerline of Prince George Creek; thence
with the run of the creek to a point that is located,
South 88022’35” West, 405.28 feet from the previous point; said point also being the
southwestern corner of Lot 1 of the Brookdale Acres Division; thence
North 05009’20” East, 959.86 feet to the point and place of beginning, containing
4.97 acres, more or less.
Planning Board - December 2, 2021
ITEM: 6 - 7 - 8
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 12/2/2021
Regular
DEPARTMENT: Planning PRESENTER(S): Marty Lile, Long Range Planner
CONTACT(S): Marty Lile; Rebekah Roth, Planning and Land Use Director
SUBJECT:
Preliminary Forum
Special Use Permit Modifica0on Request (S-611M) – Request by Joe Suleyman, Director of Environmental
Management, on behalf of New Hanover County, to modify an exis0ng special use permit to expand a sanitary
landfill in an I-2, Heavy Industrial zoning district, east of US Highway 421 and north of the I-140 bypass
BRIEF SUMMARY:
The applicant is reques ng a special use permit modifica on to allow for the expansion of the New Hanover County
Landfill on an 8-acre parcel located immediately adjacent to the exis ng landfill site along US Highway 421 north of
the I-140 bypass. The property is currently undeveloped and is zoned I-2 Heavy Industrial, which allows sanitary
landfills with special use permit.
According to the applicant, the subject site would be incorporated into the exis ng New Hanover County Landfill
facility for use of future landfill disposal, infrastructure and opera ons, and other support facili es for New Hanover
County’s solid waste program.
According to the applicant, the exis ng landfill currently generates approximately 56 AM peak hour trips and 45 PM
peak hour trips. The proposed expansion is expected to have no impact on current trip genera on rates. At this me,
no addi onal access is proposed off US Highway 421. Any future access would be subject to the NCDOT driveway
permi:ng process.
The proposed use is classified by the Unified Development Ordinance (UDO) as a Sanitary Landfill (NAICS 562212) and
is allowed in the I-2, Heavy Industrial zoning district with a special use permit. Sanitary landfill uses are also subject to
a 50-foot setback requirement for all structures and deposited refuse, and landfill opera ons must be carried out in
accordance with NC Department of Environmental Quality (DEQ) standards and procedures. The applicant would be
required to update and maintain exis ng DEQ landfill and stormwater permits upon issuance of the special use permit
modifica on.
Because sanitary landfill uses fall under the intensive industry classifica on in the UDO, a community mee ng was
required for this applica on. The applicant hosted a community mee ng on Monday, September 27, 2021. According
to informa on submied with the applica on materials, one adjacent property owner aended the mee ng.
The 2016 Comprehensive Land Use Plan classifies the subject property as Commerce Zone. This place type serves to
provide areas for employment and produc on hubs, predominantly composed of light and heavy industrial uses,
though office and complementary commercial uses are also allowed. The subject property is located along an arterial
corridor north of the I-140 bypass, connec ng it to areas outside of the Commerce Zone boundary. Sanitary landfills
and other uses classified in the Unified Development Ordinance as intensive industrial uses are compa ble with this
place type.
Planning Board - December 2, 2021
ITEM: 7
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ATTACHMENTS:
Descrip on
S-611M PB Script
S-611M PB Staff Summary
S-611M Zoning Map
S-611M FLUM Map
S-611M Mailout Map
APPLICANT MATERIALS CS
S-611M Application Package PB
SITE PLAN CS
S-611M Concept Plan PB
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - December 2, 2021
ITEM: 7
SCRIPT for Special Use Permit Application Preliminary Forum (S-611M)
Request by Joe Suleyman, Director of Environmental Management, on behalf of New Hanover County,
to modify an existing special use permit to expand a sanitary landfill in an I-2, Heavy Industrial zoning
district, east of US Highway 421 and north of the I-140 bypass.
1. This is a Preliminary Forum. The purpose of this forum is to facilitate an open and transparent
discussion of the special use permit application and to provide an opportunity for public
comments and questions. Please note per state law, the Planning Board will not be making a
decision or recommendation this evening. Instead, the decision on the application will be made
during the Board of Commissioners’ quasi-judicial hearing, where public participation will be
limited to parties with standing and witnesses providing evidence through sworn testimony.
Anyone interested in speaking in support or opposition of the project should sign in and speak
tonight at this meeting, regardless of standing in the matter.
Staff will introduce the application. Then the applicant will be allowed 15 minutes for their
presentation. Following the applicant’s presentation, we will have 20 minutes for public
questions and comments, and then allow the applicant time to address them. The Board
members will then provide their comments and ask questions of the applicant. At the end, Staff
will give an overview of next steps in the special use permit process. We will then close the
forum.
2. Conduct Forum as follows:
a. Staff introduction
b. Applicant’s presentation (up to 15 minutes)
c. Public comments and questions (up to 20 minutes - total supporters and opponents)
d. Applicant response to public comments and questions
e. Planning Board questions and comments
f. Staff overview of next steps
3. Close the Preliminary Forum.
Planning Board - December 2, 2021
ITEM: 7 - 1 - 1
S-611M 1 of 3
SPECIAL USE PERMIT MODIFICATION REQUEST
PLANNING BOARD PRELIMINARY FORUM
December 2, 2021
CASE: S-611M
PETITIONER: Joe Suleyman, applicant, on behalf of New Hanover County, property owner.
REQUEST: Special Use Permit modification to expand a sanitary landfill in an I-2, Heavy Industrial
zoning district, east of US Highway 421 and north of the I-140 bypass.
LOCATION: 5124 US Highway 421
PID: R02300-001-017-000
ZONING: I-2, Heavy Industrial
ACREAGE: 8 Acres
BACKGROUND AND ORDINANCE CONSIDERATIONS:
Joe Suleyman, Director of Environment Management, on behalf of New Hanover County, is requesting a
modification to an existing special use permit to allow for the expansion of the New Hanover County
Landfill.
The subject property is located along US Highway 421 north of the I-140 bypass. It is immediately adjacent
to the existing New Hanover County Landfill to the north and east, US Highway 421 to the west, and
Southeastern Pet Cremation to the south. The subject site, as well as the surrounding area, is zoned I-2,
Heavy Industrial.
The New Hanover County Landfill was
originally approved in 1981. Several
modifications over the years have
expanded the facility to its current extent of
over 700 acres. Last year, the County
acquired the subject site with the intention of
further expanding landfill operations.
As proposed, the special use permit
modification would incorporate the adjacent
8-acre tract into the landfill facility for use
of future landfill disposal, infrastructure and
operations, and other support facilities for
New Hanover County’s solid waste
program.
According to the applicant, the existing
landfill currently generates approximately
56 AM peak hour trips and 45 PM peak
hour trips. The proposed expansion is
expected to have no impact on current trip
generation rates.
Figure 1: The existing New Hanover County Landfill site, shown in teal, and proposed landfill expansion area, shown in red.
Planning Board - December 2, 2021
ITEM: 7 - 2 - 1
S-611M 2 of 3
Figure 2: The Proposed Landfill Expansion, shown in red. Annotations provided by the Applicant.
The New Hanover County Landfill is classified by the Unified Development Ordinance (UDO) as a Sanitary
Landfill use (NAICS 562212) and is allowed in the I-2, Heavy Industrial zoning district with a special use
permit. Sanitary landfill uses are also subject to use-specific standards, which are set forth in UDO
Subsection 4.3.5(C) and included below:
4.3.5. INDUSTRIAL USES
C. Intensive Industry
Sanitary landfills shall comply with the following standards:
a. No refuse shall be deposited, and no building or structures shall be located within
50 feet of the nearest property line.
b. The operation of the landfill shall be carried out in accordance with the standards
and procedures prescribed by the NC Department of Environmental Quality.
Planning Board - December 2, 2021
ITEM: 7 - 2 - 2
S-611M 3 of 3
Because sanitary landfill uses fall under the intensive industry classification in the UDO, a community meeting
was required for this application. The applicant hosted a community meeting on Monday, September 27,
2021. According to the Community Information Meeting Sign-In Sheet submitted with the application
materials, one adjacent property owner attended the meeting.
The 2016 Comprehensive Land Use Plan classifies the subject property as Commerce Zone. This place type
serves to provide areas for employment and production hubs, predominantly composed of light and heavy
industrial uses, though office and complementary commercial uses are also allowed. Sanitary landfills, like
other uses classified in the Unified Development Ordinance as intensive industrial uses, are compatible with
this place type. The subject property is located along an arterial corridor north of the I-140 bypass,
connecting it to areas outside of the Commerce Zone boundary.
Preliminary review of the application indicates compliance with all general and use-specific ordinance
provisions. The site would be subject to Technical Review Committee and Zoning Compliance review
processes to ensure full compliance with all ordinance requirements.
CONDITIONS OF APPROVAL:
The existing special use permit (S-611) contains the following conditions, all of which have been completed
and are no longer applicable:
1. The applicant will continue to work with the North Carolina Natural Heritage Program to identify
the extent of any significant plant or animal species on the subject properties and to protect these
species when practicable in dedicated natural areas or to provide mitigation areas when species
cannot be protected.
2. The applicant consults with the North Carolina Plant Conservation Program to determine the best
mitigation strategy for the subject parcels.
3. The combination of the two parcels to alleviate potential issues with the required 50’ setback.
The applicant has offered the following new conditions of approval for the special use permit modification
(S-611M):
1. On Lot 2, the County will continue to work with the North Carolina Natural Heritage Program to
identify the extent of any significant plant or animal species on the subject parcel and to protect
these species when practicable in dedicated natural areas or to provide mitigation areas when
species cannot be protected.
2. The County worked with the North Carolina Plant Conservation Program to identify three (3) habitat
restoration areas as shown on Attachment C. Plantings of Aristida condensata and longleaf pines
have been completed twice by University of North Carolina Wilmington students and faculty. The
plantings were established successfully in two of the three habitat restoration areas and the third
area remains protected in its natural state.
BOARD OF COMMISSIONERS CONCLUSIONS:
To grant approval of the application, the Board of Commissioners must determine that the application
meets the following criteria:
1. The use will not materially endanger the public health or safety if located where proposed and
approved;
2. The use meets all required conditions and specifications of the Unified Development Ordinance;
3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a
public necessity; and
4. The location and character of the use if developed according to the plan as submitted and
approved will be harmony with area in which it is to be located and in general conformity with the
Comprehensive Land Use Plan for New Hanover County.
Planning Board - December 2, 2021
ITEM: 7 - 2 - 3
I-2
RA
U
S
H
W
Y
4
2
1
P R I V A T E
P R I V ATE
New Hanover County, NCSHODIncorporated Areas
Indicates Conditional Use District (CUD)
Indicates Conditional Zoning District (CZD)
See Section 5.7 of the UDOCOD
B-1 AC R-5 EDZD
CB I-1 R-7 PD
B-2 I-2 R-10 RMF-X
CS AR R-15 RMFU
SC RA R-20 UMXZ
O&I R-20S
Zoning Districts
Landfill ExpansionI-2/
NHC Landfill
3002
US HWY 421 N.S611-M
Proposed Use:Existing Zoning/Use:Site Address:Case:R
1,000
Feet
Subject Site
Planning Board - December 2, 2021
ITEM: 7 - 3 - 1
Conservation
Commerce Zone
U
S
H
W
Y
4
2
1
P R I V A T E
P R I V A T E
New Hanover County, NCCONSERVATION
RURAL RESIDENTIAL
COMMUNITY MIXED USE
URBAN MIXED USE
GENERAL RESIDENTIAL
EMPLOYMENT CENTER
COMMERCE ZONE
Place Types
Landfill ExpansionI-2/
NHC Landfill
3002
US HWY 421 N.S611-M
Proposed Use:Existing Zoning/Use:Site Address:Case:R
1,000
Feet
Subject Site
Planning Board - December 2, 2021
ITEM: 7 - 4 - 1
U
S
H
W
Y
4
2
1
P R I V A T E
P R I V A T E
5125
5210
4920
5214
5235
5211
5100
5096
5200
5124 5104
4901
5004
5220
5280
New Hanover County, NC
I-140
U
S
H
W
Y
4
2
1
Site
Neighboring Parcels
Landfill ExpansionI-2/
NHC Landfill
3002
US HWY 421 N.S611-M
Proposed Use:Existing Zoning/Use:Site Address:Case:R
1,000
Feet
Subject Site
Planning Board - December 2, 2021
ITEM: 7 - 5 - 1
APPLICANT
MATERIALS
Planning Board - December 2, 2021
ITEM: 7 - 6 - 1
Planning Board - December 2, 2021
ITEM: 7 - 6 - 2
Page 1 of 8
Special Use Permit Application – Updated 10-2021
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
SPECIAL USE PERMIT APPLICATION
This application form must be completed as part of a special use permit 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 10.3.5 of the Unified Development Ordinance.
*If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section
10.2.3, Community Information Meeting.
1. Applicant and Property Owner Information
Applicant/Agent Name
Joe Suleyman, Director Environmental Management
Owner Name (if different from Applicant/Agent)
Company
New Hanover County Landfill
Company/Owner Name 2
Address
3002 US Highway 421 North
Address
City, State, Zip
Wilmington, NC 28401
City, State, Zip
Phone
(910) 798-4403
Phone
Email
jsuleyman@nhcgov.com
Email
Public Hearing Procedures
(Optional)
Pre-Application
Conference
1*
Community Information Meeting
2
Application Submittal & Acceptance
3
Planning Director Review & Staff Report (TRC Optional)
4
Public Hearing Scheduling & Notification
5
Planning Board Preliminary Forum
6
Board of Commissioners Hearing & Decision
7
Post-Decision Limitations and Actions
Planning Board - December 2, 2021
ITEM: 7 - 7 - 1
Page 2 of 8
Special Use Permit Application – Updated 10-2021
2. Subject Property Information
Address/Location
5124 US Highway 421 North Wilmington, NC 28401
Parcel Identification Number(s)
R02300-001-017-000
Total Parcel(s) Acreage
8 acres
Existing Zoning and Use(s)
I-2 Industrial District
Future Land Use Classification
Resource Protection Area
3. Proposed Zoning, Use(s), & Narrative
Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a
project narrative (attach additional pages if necessary).
The County recently purchased an 8-acre parcel between the New Hanover County Secure Landfill
(Parcel: R02300-001-017-000) and US Highway 421 North which is to be added to the landfill property.
The possible development of this parcel is for future landfill disposal, infrastructure and operations or other
support facilities and/or buildings for the County’s Environmental Management Department.
Project Narrative with supportive documentation attached.
4. Proposed Condition(s)
Please note: Within a special use permit proposal, additional conditions and requirements which represent greater
restrictions on the development and use of the property than the corresponding zoning 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 included with this special use permit application below. Staff,
the Planning Board, and Board of Commissioners may propose additional conditions during the review process that
meet or exceed the minimum requirements of the Unified Development Ordinance.
On Lot 2, the County will continue to work with the North Carolina Natural Heritage Program to identify
the extent of any significant plant or animal species on the subject parcel and to protect these species
when practicable in dedicated natural areas or to provide mitigation areas when species cannot be
protected.
The County worked with the North Carolina Plant Conservation Program to identify three (3) habitat
restoration areas as shown on Attachment C. Plantings of Aristida condensata and longleaf pines have
been completed twice by University of North Carolina Wilmington students and faculty. The plantings
were established successfully in two of the three habitat restoration areas and the third area remains
protected in its natural state.
Planning Board - December 2, 2021
ITEM: 7 - 7 - 2
Page 3 of 8
Special Use Permit Application – Updated 10-2021
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.
ITE Land Use: See Attachment F for the traffic count worksheet completed by the Transportation Planning Engineer
from Wilmington's Planning, Development and Transportation Department
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
6. Criteria Required for Approval of a Special Use Permit
A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but
because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods
of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is
to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and
zoning district where they are proposed.
For each of the four required conclusions listed below, include or attach a statement that explains how any existing
conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to
reach the required conclusion, and attach any additional documents or materials that provide supporting factual
evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant
understand what may be considered in determining whether a required conclusion can be met. Any additional
considerations potentially raised by the proposed use or development should be addressed.
1. The use will not materially endanger the public health or safety if located where proposed and approved.
Considerations:
Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and
sight lines at street intersections with curb cuts;
Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection;
Soil erosion and sedimentation;
Protection of public, community, or private water supplies, including possible adverse effects on surface waters
or groundwater; or
Anticipated air discharges, including possible adverse effects on air quality.
The existing New Hanover County Secure Landfill Facility began operation in November 1981. During the
process of permitting the original facility a Special Use Permit was issued by the County for development
of that facility. The Landfill has been in operation for over 39 years without causing environmental/health
issues. It is located in the industrial corridor of US Highway 421 North in the northwest area of the County.
Abutting land uses to the west of the existing landfill were developed after the landfill was established.
The current facility operates in accordance with the Department of Environment Quality (DEQ) Solid
Waste Permit No. 65-04, as originally issued on August 24, 1981, which has been modified from time-to-time
to accommodate disposal unit expansion and other solid waste related uses. Other agency required
permits are also in-place. The expansion site will be permitted under the same regulations as the existing
facility. The newly acquired 8-acre parcel (Lot 2) is intended to be used for future landfill disposal,
infrastructure and operations or other support facilities and/or buildings for the solid waste program. This
lot will function as an extension of the existing landfill, so it is the intent that all permits (state and local)
required for the expansion will be modifications to existing permits issued to the original landfill site.
Planning Board - December 2, 2021
ITEM: 7 - 7 - 3
Page 4 of 8
Special Use Permit Application – Updated 10-2021
2. The use meets all required conditions and specifications of the Unified Development Ordinance.
Lot 2 is currently zoned as I-2 Heavy Industrial (see Attachment B). The existing site operates in compliance
with current standards for sound, vibration, heat discharge, glare, odor, air quality and water quality, as
applicable under federal, state, and local regulations. The new lot will have the same operations as the
existing site. The purpose of this Special Use Permit modification is to allow for an expansion of the existing
special use which is allowed under the New Hanover County Zoning Ordinance and meets the federal,
state, and local regulations. In addition, the adjacent properties are all zoned I-2 Heavy Industrial thus no
minimum buffer is required. A 50-foot setback from the US Highway 421 North side for the 8-acre parcel
will be accommodated as the site is developed. The regulations through DEQ have setback requirements
from the property line including that no waste may be placed within 300 feet of the property line.
3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public
necessity.
Considerations:
The relationship of the proposed use and the character of development to surrounding uses and development,
including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of
operation, etc.).
Whether the proposed development is so necessary to the public health, safety, and general welfare of the
community or County as a whole as to justify it regardless of its impact on the value of adjoining property.
Lot 2 and adjacent properties are all zoned I-2 Heavy industrial (see Attachment B). The existing site
operates in compliance with current standards for sound, vibration, heat discharge, glare, odor, air quality
and water quality, as applicable under federal, state, and local regulations. The new lot will have the
same operations as the existing site; therefore, the proposed expansion should have no additional impacts
on the value of adjoining or abutting properties.
Planning Board - December 2, 2021
ITEM: 7 - 7 - 4
Page 5 of 8
Special Use Permit Application – Updated 10-2021
4. The location and character of the use if developed according to the plan as submitted and approved will be in
harmony with the area in which it is to be located and in general conformity with the New Hanover County
Comprehensive Land Use Plan.
Considerations:
The relationship of the proposed use and the character of development to surrounding uses and development,
including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of
operation, etc.).
Consistency with the Comprehensive Plan’s goals, objectives for the various planning areas, its definitions of
the various land use classifications and activity centers, and its locational standards.
In 2020, New Hanover County acquired an approximately 8-acre parcel of land (Parcel: R02300-001-017-
000) contiguous to the existing New Hanover County Secure Landfill Facility. Attachment C includes a
drawing that reflects planning for this area. The drawing also shows how the possible future disposal unit
could be constructed on the adjoining South Property and portions of Lot 2.
Planning Board - December 2, 2021
ITEM: 7 - 7 - 5
Page 6 of 8
Special Use Permit Application – Updated 10-2021
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
Application fee:
$500; $250 if application pertains to a residential use (i.e. mobile home,
duplex, family child care home). N/A
Traffic Impact Analysis (if applicable) N/A
Conceptual Site Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
Proposed use of land, structures and other improvements
o For residential uses, this shall include number, height, and type of units;
area to be occupied by each structure; and/or subdivided boundaries.
o For non-residential uses, this shall include approximate square footage
and height of each structure, an outline of the area it will occupy, and the
specific purposes for which it 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
buffering.
The location of Special Flood Hazard Areas.
The approximate location of regulated wetlands.
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.
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 Federal or
State law or local ordinance.
Any other information that will facilitate review of the proposed special use permit
(Ref. Section 10.3.5, as applicable)
Applications for uses in the intensive industry category must also submit:
Community meeting written summary
A list of any local, state, or federal permits required for use
One (1) hard copy of ALL documents and site plan. Additional hard copies may be
required by staff depending on the size of the document/site plan.
One (1) digital PDF copy of ALL documents AND plans
For wireless support structures or substantial modifications, the elements listed on the
attached checklist N/A
Planning Board - December 2, 2021
ITEM: 7 - 7 - 6
Planning Board - December 2, 2021
ITEM: 7 - 7 - 7
Page 8 of 8
Special Use Permit Application – Updated 10-2021
Telecommunications Requirements Checklist
Requirements for Wireless Support Structures & Substantial Modifications Applicant
Initial
Affidavit certifying the construction and placement of wireless facilities meets the provisions of the Federal
Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and Job
Creation Act of 2012, 47 U.S.C. § 1455 (a), in accordance with the rules promulgated by the Federal
Communications Commission (FCC), and all other applicable federal, state, and local laws.
N/A
Simulated photographic evidence of the proposed appearance of the wireless support structure and wireless
facilities from at least four (4) vantage points and a statement as to the potential visual and aesthetic impacts
on all adjacent residential zoning district.
N/A
Determination of No Hazard to Air Navigation, or other applicable determination by the Federal Aviation
Administration (FAA) upon review of FAA Form 7460.
N/A
For New Wireless Support Structures: Information or materials providing evidence that collocating new
antennae and equipment on an existing wireless support structure or structures within the applicant’s search
ring is not reasonably feasible. Per NCGS 160D-933, collocation on an existing wireless support structure is
not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing
wireless support structure is unwilling to enter into a contract for such use at fair market value.
N/A
Planning Board - December 2, 2021
ITEM: 7 - 7 - 8
Special Use Permit Modification Narrative
o Attachment A – Parcel Deed
o Attachment B – Property Survey
o Attachment C – Zoning Map
o Attachment D – Site Plan Drawing
o Attachment E – Flood Map
Attachment F – Traffic Count Worksheet
Attachment G – Community Meeting Written Summary
Attachment H – Applicable Permit List
Planning Board - December 2, 2021
ITEM: 7 - 7 - 9
Page | 1
NARRATIVE
SPECIAL USE PERMIT MODIFICATION FOR
THE NEW HANOVER COUNTY LANDFILL
7/16/2021
In 2020 New Hanover County (County) acquired an approximately 8-acre parcel of land
(Parcel: R02300-001-017-000) contiguous to the existing New Hanover County Secure
Landfill Facility property (Parcel: R02300-001-004-000). See Attachment A for the Parcel
Deed. The County requests that the existing Special Use Permit be modified to add the
new 8-acre parcel.
The newly acquired 8-acre parcel (Lot 2) may be used for future landfill disposal, infrastructure
and operations or other support facilities and/or buildings for the County’s Environmental
Management Department. This lot will function as an extension of the existing landfill property,
so it is the intent that all permits (state and local) required for the expansion will be modifications
to existing permits issued to the original landfill site. A copy of the survey map of Lot 2 is included
in Attachment B, showing the current New Hanover County Landfill Facility and the contiguous
Lot 2.
Lot 2 is currently zoned as I-2 Heavy Industrial (see Attachment C). The existing landfill site
operates in compliance with current standards for sound, vibration, heat discharge, glare, odor,
air quality and water quality, as applicable under federal, state, and local regulations. Lot 2 will
have the same operations as the existing site. The purpose of this Special Use Permit
modification is to allow for an expansion of the existing special use which is allowed under the
New Hanover County Zoning Ordinance and meets the federal, state, and local regulations.
In addition, the properties adjacent to Lot 2 are zoned I-2 Heavy Industrial thus no minimum
buffer is required. A 50-foot setback from the US Highway 421 North will be included when the
site is developed. The regulations through DEQ have setback requirements from the property
line including that no waste may be placed within 300 feet of the property line.
The landfill currently provides for the disposal of New Hanover County’s waste. The need for
expansion into Lot 2 merely provides for future waste disposal from the same sources that
currently send their waste to the landfill. Lot 2 also provides a location for the possible relocation
of other landfill buildings, infrastructure and operations that will be displaced by the continued
buildout of the previously permitted South Property disposal units. This means that new traffic is
not being generated on US Highway 421 North due to expansions. Therefore, the impacts on
local traffic will not be significantly different from the current traffic on US Highway 421 North.
On-site routing is designed to address access to the disposal area by those vehicles bringing the
waste for disposal and for on-site maintenance and operations equipment.
The County has maintained a buffer of at least 50-feet from all property lines except where road
access or environmental monitoring systems were needed. The existing vegetation in those
areas has been maintained in place as well and acts as a visual buffer. It is the intent that this
practice will continue along property lines common to adjacent tracts to the south and west.
The land classification of the site is Natural Heritage Resource Protection Area as identified with
the contiguous South Property under the current Special Use Permit. As part of a sand ridge
habitat area that encompasses much of the US Highway 421 corridor, the area of development
Planning Board - December 2, 2021
ITEM: 7 - 7 - 10
Page | 2
is not different than other previously developed locations. It is the intent of the permitting
process to provide the maximum disposal area to meet the needs of the County citizens while
addressing protection and mitigation of the sand ridge natural conditions. The previous special
use permit calls for certain areas, within the South Property to be maintained as dedicated
natural areas to help with the preservation of the habitat.
According to the flood map provided by FEMA, the area where Lot 2 is located was identified as
an area of minimal flood hazard (see Attachment E). Since landfills require development of
large base footprints for the disposal units, the existing scrub oaks and pines will be removed and
the site graded to allow the landfill to properly operate in accordance with the DEQ permits.
Trees will be maintained along areas adjacent to other parcels as a buffer zone as described
above.
Upon issuance of the Special Use Permit the County will proceed with the process to gain the
required permits from NCDEQ agencies.
Other items attached herein include:
Attachment A – Parcel Deed
Attachment B – Property Survey
Attachment C – Zoning Map
Attachment D – Site Plan Drawing
Attachment E – County Flood Map
Planning Board - December 2, 2021
ITEM: 7 - 7 - 11
ATTACHMENT A
PARCEL DEED
Planning Board - December 2, 2021
ITEM: 7 - 7 - 12
Planning Board - December 2, 2021
ITEM: 7 - 7 - 13
Planning Board - December 2, 2021
ITEM: 7 - 7 - 14
Planning Board - December 2, 2021
ITEM: 7 - 7 - 15
Planning Board - December 2, 2021
ITEM: 7 - 7 - 16
Planning Board - December 2, 2021
ITEM: 7 - 7 - 17
ATTACHMENT B
PROPERTY SURVEY
Planning Board - December 2, 2021
ITEM: 7 - 7 - 18
H
NEW HANOVER COUNTY LANDFILL SURVEY
Planning Board - December 2, 2021
ITEM: 7 - 7 - 19
ATTACHMENT C
ZONING MAP
Planning Board - December 2, 2021
ITEM: 7 - 7 - 20
PARCEL ID: R02300-001-017-000
Zoning Districts
New Hanover County NC, New Hanover County, NC
Addresses
Parcel Boundaries
Zoning
B-1
CB
B-2
SC
O&I
AC
I-1
I-2
RA
AR
R-5
R-7
R-10
R-15
R-20
R-20S
EDZD
PD
RMF-L
RMF-M
RFMU
UMXZ
Conditional Zoning
CUD
CZD
5/26/2021, 3:39:16 PM
0 0.15 0.30.07 mi
0 0.25 0.50.13 km
1:7,132
New Hanover County, NC
NHC GIS ServicesPlanning Board - December 2, 2021
ITEM: 7 - 7 - 21
ATTACHMENT D
SITE PLAN DRAWING
Planning Board - December 2, 2021
ITEM: 7 - 7 - 22
APPROXIMATE BOUNDARY
LOT 2 - 8 ACRE PARCEL
50 FEET SETBACK
BOUNDARY
POSSIBLE FUTURE LOCATION
FOR LANDFILL INFRASTRUCTURE,
OPERATIONS AND SUPPORT
FACILITIES
POSSIBLE CELL
EXPANSION
LEACHATE FORCE MAIN DISCHARGE
LEACHATE
TREATMENT
LAGOON # 1
ASBESTOS
DISPOSAL AREA
SEDIMENTATION
BASIN
STORMWATER POND/
BORROW AREA
SEDIMENTATION BASIN
300' PROPERTY LINE BUFFER
PILOT
WETLAND
NON-POTABLE WATER
SUPPLY WELL
MASTER PUMP STATION
100 YEAR FLOOD LINE
421 SAND RIDGE
CONSERVATION AREA
100-YEAR FLOOD LINE
FUTURE CREATED WETLAND
NATURAL AREA (POSSIBLE LOCATION)
STORM WATER DITCH
PERIMETER ROADWAY
SCALE HOUSE
421 SAND RIDGE
CONSERVATION AREA
FUTURE CREATED WETLAND
NATURAL AREA
STORM WATER
SEDIMENTATION BASIN
421 SAND RIDGE
CONSERVATION AREA
NATURAL
WETLANDS HABITAT
AREA
C&D PROCESSING/
WHITE GOODS
FUTURE HABITAT
RESTORATION AREA
FUTURE HABITAT
RESTORATION AREA
FUTURE HABITAT
RESTORATION AREA
ENVIRONMENTAL FEATURES STUDY AREA
INTERMEDIATE MATERIALS
RECOVERY AND RECYCLING
FACILITY LOCATION
LEACHATE TREATMENT FACILITY
PLANNED LOCATION
FOR NEW CUSTOMER
CONVENIENCE CENTER
AND HOUSEHOLD
HAZARDOUS WASTE
SOUTH
PROPERTY
NORTH
PROPERTY
DENSE
FOLIAGEAND
WETLANDS
CUSTOMER
CONVENIENCE
DROP OFF CENTER
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NEW HANOVER COUNTY LANDFILL - ULTIMATE BUILDOUT
THIS ITEM HAS BEEN DIGITALLY SIGNED AND
SEALED BY IAN SPURLOCK, P.E. ON THE DATE
ADJACENT TO THE SEAL.
PRINTED COPIES OF THIS DOCUMENT ARE NOT
CONSIDERED SIGNED AND SEALED AND THE
SIGNATURE MUST BE VERIFIED ON ANY
ELECTRONIC COPIES.
Planning Board - December 2, 2021
ITEM: 7 - 7 - 23
ATTACHMENT E
FLOOD MAP
Planning Board - December 2, 2021
ITEM: 7 - 7 - 24
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOODHAZARD AREAS
Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREENArea of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.The basemap shown complies with FEMA's basemapaccuracy standards
The flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 6/11/2021 at 2:39 PM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximatepoint selected by the user and does not representan authoritative property location.
1:6,000
77°59'48"W 34°19'34"N
77°59'11"W 34°19'4"N
Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020
Planning Board - December 2, 2021
ITEM: 7 - 7 - 25
Attachment F
Traffic Count Worksheet
Planning Board - December 2, 2021
ITEM: 7 - 7 - 26
Traffic Impact Worksheet
Prior to submission of nonresidential site plan, this worksheet must be prepared. A
Traffic Impact Analysis will be required for all projects generating 100 peak hour trips
or more. The scope of the TIA shall be determined by concurrence of the Planning
Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures
required must be included in the final site plan submitted for review.
PROJECT NAME __________________________________
PROJECT ADDRESS _______________________________
DEVELOPER/OWNER _____________________________
EXISTING ZONING _______________________________
GROSS FLOOR AREA ________________________ sq. ft.
NEAREST INTERSECTION _________________________
BEFORE PROPOSED PROJECT
Average Daily Traffic (Date) ____________________
LEVEL OF SERVICE (LOS) ____________________
ITE MANUAL TRAFFIC GENERATION ESTIMATE:
*ITE Manual available at Planning Department
USE AND VARIABLES: _____________________________________
(Example: Racquet Club; 8 courts; Saturday peaks)
AM PEAK HOUR TRIPS ________ PM PEAK HOUR TRIPS ________
(Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping
meeting with Planning Department)
_______________________________ _______________________________
Person Providing Estimate Signature
Peak Hour estimate confirmed by Planning & Zoning on ______________________
(Date)
By __________________________________
Planning Board - December 2, 2021
ITEM: 7 - 7 - 27
Attachment G
Community Meeting Written Summary
Planning Board - December 2, 2021
ITEM: 7 - 7 - 28
Page | 1
New Hanover County
Environmental Management Department
3002 US Highway 421 North
Wilmington, North Carolina 28401
Community Meeting Written Summary
Date: September 27, 2021
Re: Community Meeting for Special Use Permitting for 8-acre Parcel
New Hanover County Environmental Management Department held a community
meeting on Monday, September 27, 2021 from 4:00 pm to 5:00 pm at:
New Hanover County
Department of Environmental Management
3002 US Highway 421 North, Wilmington, NC 28401
Attendees are presented on the attached sign-in sheet (see Appendix A).
The attached presentation was used during the community meeting (see Appendix B).
The following written summary is provided in accordance with the UDO requirements.
Summary of Issues Discussed:
Attendee asked if waste could be at the property boundary. Applicant discussed
that there are state and local buffer/setback requirements from property
boundaries and right-of-ways as well as water supply wells. Based on these
regulatory requirements, waste will not be disposal of up to the property
boundary.
Attendee asked when the 8-acre parcel may be developed. Applicant stated
that due to site development plans, parcel development may not occur for years
and specific development plans have yet to be completed. If the 8-acre parcel is
developed into a waste disposal area, it is more than likely that it would not be
developed for a number of decades.
Attendee discussed odor concerns. Applicant stated that the County is
incorporating landfill closures (encapsulating waste in plastic synthetic liner per
state regulations) and has started to actively capture and destroy landfill
generated gases per state regulations.
Descriptions of Adjustments based on Comments:
None. Applicant discussed keeping attendee posted on any development plans.
Planning Board - December 2, 2021
ITEM: 7 - 7 - 29
Appendix A
Community Information Meeting Sign-in Sheet
Planning Board - December 2, 2021
ITEM: 7 - 7 - 30
Planning Board - December 2, 2021
ITEM: 7 - 7 - 31
Appendix B
Community Information Meeting Presentation
Planning Board - December 2, 2021
ITEM: 7 - 7 - 32
Community Information Meeting
Monday, September 27, 2021 4:00 pm to 5:00 pm
1
New Hanover County
Environmental Management
Department
1
Planning Board - December 2, 2021
ITEM: 7 - 7 - 33
Development Proposal
•Purchase of 8-acre parcel of land (Parcel: R02300-001-017-000)
•Modify SUP to include new parcel
•Possible future landfill disposal, infrastructure, operations or other support facilities
•I-2
•No development plans
2
In 2020, New Hanover County (County) acquired an approximately 8‐acre parcel of land
(Parcel: R02300‐001‐017‐000) contiguous to the existing New Hanover County Secure
Landfill Facility. The County requests that the existing Special Use Permit be modified to
add the 8‐acre parcel under the current Special Use Permit.
The newly acquired 8‐acre parcel (Lot 2) is intended to be used for possible future
landfill disposal, infrastructure, operations or other support facilities for the solid
waste program. This parcel will function as an extension of the existing landfill, so
it is the intent that all permits (state and local) required for the expansion will be
modifications to existing permits issued to the original landfill site. The existing
zoning for the parcel is I‐2 Heavy Industrial as are the other parcels abutting the 8‐
acre parcel. Currently, there are not any development plans for the parcel.
2
Planning Board - December 2, 2021
ITEM: 7 - 7 - 34
3
The existing New Hanover County Secure Landfill Facility began operation in
November 1981. During the process of permitting the original facility a Special Use
Permit was issued by the County for development of that facility. Since then the
County has acquired and added a 273‐acre parcel of land (South Property) and a
3.85‐acre parcel of land (Lot 3).
Lot 2 is the subject parcel
3
Planning Board - December 2, 2021
ITEM: 7 - 7 - 35
4
Zoomed in
4
Planning Board - December 2, 2021
ITEM: 7 - 7 - 36
Application Process
Scheduled to submit permit on Oct 11th
5
5
Planning Board - December 2, 2021
ITEM: 7 - 7 - 37
Questions
Thank you for attending
6
6
Planning Board - December 2, 2021
ITEM: 7 - 7 - 38
Attachment H
Applicable Permit List
Planning Board - December 2, 2021
ITEM: 7 - 7 - 39
List of local, state, or federal permits required for use:
North Carolina Department of Environmental Quality, Division of Waste
Management, Solid Waste Section – New Hanover County MSW Landfill
(Facility Permit No. 65-04) dated July 21, 2020
North Carolina Department of Environmental Quality, Division of Energy,
Mineral and Land Resources – New Hanover County Landfill (Stormwater
Permit No. SW8 940414) dated September 10, 2021
Planning Board - December 2, 2021
ITEM: 7 - 7 - 40
PROPOSED
SITE PLAN
Planning Board - December 2, 2021
ITEM: 7 - 8 - 1
Planning Board - December 2, 2021
ITEM: 7 - 8 - 2
APPROXIMATE BOUNDARYLOT 2 - 8 ACRE PARCEL
50 FEET SETBACKBOUNDARY
POSSIBLE FUTURE LOCATIONFOR LANDFILL INFRASTRUCTURE,OPERATIONS AND SUPPORTFACILITIES
POSSIBLE CELLEXPANSION
LEACHATE FORCE MAIN DISCHARGE
LEACHATETREATMENTLAGOON # 1
ASBESTOSDISPOSAL AREA
SEDIMENTATIONBASIN
STORMWATER POND/BORROW AREA
SEDIMENTATION BASIN
300' PROPERTY LINE BUFFER
PILOTWETLAND
NON-POTABLE WATERSUPPLY WELL
MASTER PUMP STATION
100 YEAR FLOOD LINE
421 SAND RIDGECONSERVATION AREA
100-YEAR FLOOD LINE
FUTURE CREATED WETLANDNATURAL AREA (POSSIBLE LOCATION)
STORM WATER DITCH
PERIMETER ROADWAY
SCALE HOUSE
421 SAND RIDGECONSERVATION AREA
FUTURE CREATED WETLANDNATURAL AREA
STORM WATERSEDIMENTATION BASIN
421 SAND RIDGECONSERVATION AREA
NATURALWETLANDS HABITATAREA
C&D PROCESSING/WHITE GOODS
FUTURE HABITATRESTORATION AREA
FUTURE HABITATRESTORATION AREA
FUTURE HABITATRESTORATION AREA
ENVIRONMENTAL FEATURES STUDY AREA
INTERMEDIATE MATERIALSRECOVERY AND RECYCLINGFACILITY LOCATION
LEACHATE TREATMENT FACILITY
PLANNED LOCATIONFOR NEW CUSTOMERCONVENIENCE CENTERAND HOUSEHOLDHAZARDOUS WASTE
SOUTH
PROPERTY
NORTH
PROPERTY
DENSEFOLIAGEANDWETLANDS
CUSTOMERCONVENIENCEDROP OFF CENTER
SCS ENGINEERS\\
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NEW HANOVER COUNTY LANDFILL - ULTIMATE BUILDOUT
THIS ITEM HAS BEEN DIGITALLY SIGNED ANDSEALED BY IAN SPURLOCK, P.E. ON THE DATEADJACENT TO THE SEAL.
PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THESIGNATURE MUST BE VERIFIED ON ANYELECTRONIC COPIES.
Planning Board - December 2, 2021
ITEM: 7 - 9 - 1