Z23-09 Script BOC
BOARD OF COMMISSIONERS SCRIPT
for Zoning Map Amendment Application (Z23-09)
Rezoning Request (Z23-09) – Request by Rob Tanner with Impeccable Development, applicant, on
behalf of Andrea Jones, Gwendolyn Horton, Christin Deener, Dwayne Barr, and Kimberlee Barr,
property owners, to rezone seven (7) parcels totaling approximately 11.77 acres of land located at
6800, 6808, 6814, 6818, 6820, 6824, and 6828 Carolina Beach Road from R-15, Residential to 2.37 acres
to (CZD) B-1, Neighborhood Business and 8.66 acres to (CZD) RMF-M, Residential Multi-Family –
Moderate Density for a convenience store with fuel stations and a maximum 128 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 and supporter comments (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on
the Board discussion and items presented during the public hearing, would you like withdraw
your petition or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to APPROVE of the proposed rezoning. I find it to be CONSISTENT with the purposes
and intent of the Comprehensive Plan because the proposed density and housing type is within
the recommendations of the Community Mixed Use place type and the commercial
development acts as an appropriate transition between the highway corridor and residential
development. I also find APPROVAL of the rezoning request is reasonable and in the public
interest because the project provides interconnectivity and housing diversity at an appropriate
density to act as a transition between existing commercial and residential development. An
additional voluntary condition by the applicant also ensures workforce housing affordability
for 10 percent of the units for a period of 15 years.
Proposed Conditions:
1. An opaque fence shall be provided along the property line adjoining any existing
residential development. The fence location may be adjusted by Planning staff to
accommodate any utilities, easements, or saved / protected trees.
2. The two (2) specimen trees shown on the concept plan along Carolina Beach Road shall
be retained and preserved on site.
3. Existing trees onsite will be preserved that do not impact required land grading or
other improvements and future amenities as identified in the required Tree Removal
Permit.
4. The southernmost multi-family structure as shown on the concept plan shall be limited to
two-stories in height.
5. Exterior lighting will be designed and installed to maintain adequate lighting levels on
the proposed site while assuring that excessive light spillage and glare are not directed
at adjacent property, neighboring areas, or motorists.
6. A sidewalk or multi-use path shall be installed along Carolina Beach Road extending
from the northern property line to the southern property line with stubs for connection
to existing or future pedestrian facilities on adjacent parcels. Pedestrian crossing
labeling meeting NCDOT minimum requirements for pedestrian safety shall be installed
at both driveway entrances. The pedestrian facility along Carolina Beach Road shall
be within a dedicated public access easement.
7. A stormwater maintenance agreement shall be made between the convenience store
with fuel pumps and the multi-family development if they are on separate parcels or
under separate ownership.
8. The project will include a minimum of 10% of the units as workforce housing units that
will be made available for a period of no less than 15 years with rental limits based
upon HUD income limits of 80% AMI.
An agreement between the developer and county will be required before the issuance
of a Certificate of Occupancy for the multi-family portion of the project. The agreement
shall specify:
• The number of affordable units provided;
• The income limits;
• Rent limits subject to annual change;
• The period of time workforce housing units must remain affordable;
• Any other criteria necessary for compliance and monitoring;
• An established timeframe for annual reporting from the developer or owner of the
development to New Hanover County. Annual reports shall provide the following
minimum information:
o Unit number
o Bedroom number
o Household size
o Tenant income
o Rent rate
• The developer or owner of the development shall report any mid-year lease
changes to workforce housing units to New Hanover County to ensure lease changes
remain compliant with the agreement.
If the total number of workforce housing units falls below the minimum of 10% of the
units before the expiration of the minimum 15-year period of affordability the
development will be subject to enforcement measures found in Article 12 Violations and
Enforcement of the Unified Development Ordinance.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to DENY the proposed rezoning. I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because the proposed density, housing type, are in line with
the Community Mixed Use place type and the proposed development acts as an appropriate
transition between existing residential uses in the area. However, I find DENIAL of the rezoning
request to be reasonable and in the public interest because the proximity of existing and
approved similar uses would not advance the vision for this area of Carolina Beach Road.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] of the proposed rezoning to a CZD RMF-M and B-1 district. I find
it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan
because [insert reasons]
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I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest
because [insert reasons]
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