Agenda 2023 08-07NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175, Wilmington, NIC 28403
P. (910) 798-7149 1 F: (910) 798-7145 1 NHCgov.com
Bill Rivenbark, Chair I LeAnn Pierce, Vice -Chair
Jonathan Barfield, Jr., Commissioner I Dane Scalise, Commissioner I Rob Zapple, Commissioner
AUGUST 7, 2023 4:00 PM
LOCATION (NHC Historic Courthouse, 24 North 3rd Street, Room 301)
MEETI NG CALLED TO ORDER (Chair Bill Rivenbark)
I NVOCATI ON (Pastor Edwrin Sutton, The Sending Church)
PLEDGE OF ALLEGIANCE (Chair Bill Rivenbark)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
Approval of Minutes
Adoption of Budget Amendments
Approval of a request by the City of Wilmington to waive landfill tipping fees for
the nCino Sports Complex project.
4. Adoption of a Resolution of Support for the Wilmington Urban Area
Metropolitan Planning Organization's (WMPO's) Resilience Improvement
Planning Grant Application through the United States Department of
Transportation's Promoting Resilient Operations for Transformative, Efficient,
and Cost -saving Transportation (PROTECT) Program
ESTI MATED
MINUTES REGULAR AGENDA ITEMS OF BUSINESS
5 5. Consideration of the 2023 National Immunization Awareness Month
5 6. Appointment of Voting Delegate to the 2023 North Carolina Association of
County Commissioners (NCACC) Annual Conference
20 7. Consideration of Approval of an Amendment to the Development Agreement to
decrease the guaranteed maximum price for the Redevelopment of the
Wilmington City Block bounded by Chestnut Street, Grace Street, and North
Third Street; and Consideration of a Resolution Authorizing the Negotiation of
an Installment Financing Contract Not to Exceed $57 Million, Directing the
Publication of Notice with Respect Thereto, and Providing for Certain Other
Related Matters
5 8. New Hanover County Plan for Transportation Agreement of NHC Involuntary
Commitments (I VC) Respondents as required by NCGS 122C-251
Board of Commissioners - August 7, 2023
45 9. Public Hearing
Rezoning Request (Z23-12) — Request by William Block with Olympus Holding
Company Castle Hayne, LLC, applicant, on behalf of Patricia Roseman with Blue
Tank, LLC and Holly Tank, LLC, property owners, to rezone approximately 23.01
acres zoned 1-1, Light Industrial and approximately 49.38 acres zoned 1-1 and
R-15, Residential located at 5210 Holly Shelter Road and 5735 Blue Clay Road to
(CZD) RMF-L, Residential Multi -Family — Low Density for a maximum of 521
residential units consisting of multi -family, attached, and detached residential
dwelling units. (See page 1 of the attached staff report for a reference map)
45 10. Public Hearing
Rezoning Request (Z23-13) - Request by Cindee Wolf with Design Solutions,
LLC, applicant, to rezone four parcels totaling approximately 0.92 acres of land
located at 4801, 4805, 4809, and 4813 Shelley Drive from R-15, Residential to
(CZD) R-5, Residential for a maximum of 7 single-family residential lots. (See
page 1 of the attached staff report for a reference map.)
45 11. QUASI -JUDICIAL HEARING
Special Use Permit Request (S23-03) - Request by Chris Baker, applicant, on
behalf of the Sanctuary Church of Wilmington, property owner, for the use of
Child Care Center at the approximately 7.47-acre parcel located at 6687
Carolina Beach Road, zoned R-15, Residential. (see page 1 of the attached staff
report for a reference map).
Note: This item was continued during the July 17, 2023 meeting.
PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes)
ESTI MATED
MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS
12. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
13. ADJOURN
Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Mission
New Hanover County is committed to providing equitable opportunities and exceptional public services through
good governance to ensure a safe, healthy, secure and thriving community for all.
Vision
A vibrant, prosperous, diverse coastal community
committed to building a sustainable future for future generations.
Board of Commissioners - August 7, 2023
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE:8/7/2023
Consent
DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board
CONTACT(S): Kym Crowell
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review held on July 13, 2023
Regular Meeting held on July 17, 2023
STRATEGIC PLAN ALIGNMENT:
• Good Governance
o Effective County Management
■ I ncrease transparency and awareness about county actions
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approve minutes
COMMISSIONERS' ACTIONS:
Board of Commissioners - August 7, 2023
ITEM: 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE:8/7/2023
Consent
DEPARTMENT: Budget PRESENTER(S): Eric Credle, Chief Financial Officer
CONTACT(S): Eric Credle and Michelle Daniels, Budget Officer
SU BJ ECT:
Adoption of Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2024:
24-001 911 Communications - The county has an Emergency Telephone System (ETS) Fund that is funded by 911
surcharges that are collected by telephone carriers and remitted to the state. The state then funds the county's ETS
Fund based on the number of users, which is to be used for purchases of 911 related equipment. A routine review by
the state determined that $16,501 in purchases charged by the county to the ETS Fund were ineligible purchases.
Those purchases related to an uninterrupted power supply at the back-up center that supports the 911 system and
certain information -technology costs related to the county's computer -aided dispatch system, both of which staff
believes were the result of isolated circumstances and unlikely to recur. Accordingly, a budget amendment is needed to
reimburse the ETS Fund for those expenditures by the General Fund.
STRATEGIC PLAN ALIGNMENT:
• Good Governance
o Strong Financial Performance
■ Proactively manage the county budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the ordinances for the budget amendments listed.
ATTACHMENTS:
24-001
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend adoption.
COMMISSIONERS' ACTIONS:
Board of Commissioners - August 7, 2023
ITEM: 2
AGENDA: August 7, 2023
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following
Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2024.
Section 1: Details of Budget Amendment
Strategic Focus Area: Good Governance
Strategic Okieetive(s): Align services and programs with stratcgic priorities.
Fund: General
Department: Non -Departmental
Expenditure:
Decrease
increase 11
Total
BA 24-001 Transfer to Special Revenue Fund
$ 16,501
$ 16,501
Total
$ -
$ 16,501
16,501
Revenue:
Decrease
I Increase 11
Total
BA 24-001 Appropriated Fund Balance
1$ 16,501
$ 16,501
Total
$ -
I
I $ 16,501
Prior to Actions
Total if Actions Taken
Today
General Fund Budget $ 40021912665 $ 400,208,166
Appropriated Fund Balance 1 $ 16,826,868 $ 16,843,369
Fund: Emergency Telephone System Fund
Department: 911 Communications
Expenditure:
Decrease
Increase 11
Total
BA 24-001 Admin Reserve
$ 16,50111$
16,501
Total
$ -
$ 16,5011
$ 16,501
Revenue:
I Decrease
I Increase 11
Total
BA 24-001 Transfer from General Fund
I $ 16,501
$ 16,501
Total
$ -
1 $ 16,5011
$ 16,501
Prior to Actions Total if Actions Taken
Toda
Department Budget $ 824,192 $ 840,693
Section 2: Explanation
BA 24-001 transfers funds from the General Fund to the Emergency Telephone System Fund (ETS Fund) to reimburse the
ETS Fund for purchases made that were determined to be ineligible to be purchased by that specialized fund and instead
should have been made by the General Fund.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina,
that the Ordinance for Budget Amendment(s) 24-001 amending the annual budget ordinance for the fiscal year ending June 30,
2024, is adopted.
Adopted, this 7th day of August, 2023.
(SEAL)
William E. Rivenbark, Chairman
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - August 7, 2023
ITEM: 2 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE:8/7/2023
Consent
DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director
CONTACT(S): Joe Suleyman
SU BJ ECT:
Approval of a request by the City of Wilmington to waive landfill tipping fees for the nCino Sports Complex
project.
BRIEF SUMMARY:
The City of Wilmington is requesting the waiver of landfill tipping fees of up to 7,000 cubic yards (approximately 5,000 -
7,000 tons) for the nCino Sports Complex. A previous request waived the fees for over 2,000 tons of material and
county staff recommends a cap of 5,000 tons be imposed.
The total value of the current request is estimated at $350,000; project funds saved will be utilized to offset the cost of
additional amenities at the complex.
STRATEGIC PLAN ALIGNMENT:
• Intelligent Growth & Economic Development
o Encourage development of complete communities in the unincorporated county
■ Increase connectivity of residents to each other and their investment to New Hanover
County
o Leverage public infrastructure to encourage private investment
■ I nvest in I nfrastructure to support business growth
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval of the request, with a cap of 5,000 tons.
ATTACHMENTS:
Tip fee waker application
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval with staff condition that 5,000 tons cap be imposed.
COMMISSIONERS' ACTIONS:
Board of Commissioners - August 7, 2023
ITEM: 3
APPLICATION FOR WAIVER OF TIPPING FEES
This form should be completed and submitted to the Director of Environmental
Management for consideration of a waiver of established tipping fees. The Director will
review the application and make a recommendation to the Board of County
Commissioners.
Submit the completed form to:
Joe Suleyman
Director, Environmental Management
3002 US Highway 421 North
Wilmington, NC 28401
SECTION ONE (To be completed by Applicant)
Name of Organization: City of Wilmington
Address: .212 Operations Center Drive
P.O. Box 1810 Wilmington, NC 28402 _
Primary Contact
Phone:
Email Address:
_Matt Hart, Sr. Project Manager
_(_910_)_765-0706
—matt.hart@wilmingtonnc.gov
1.) What is the mission of your organization?
To serve the citizens of the City of Wilmington.
2.) What type of service(s) do/does your organization provide to the residents of New
Hanover County?
The City provides the full range of services authorized by statute. This includes
police, fire, sanitation, streets, public improvements, planning and zoning and
general administrative services. The City also operates parking facilities, a golf
course, and provides solid waste and storm water management services. In addition,
the Cape Fear Public Transportation Authority, a component unit, provides bus
transit services within the City.
3.) Outline the necessity of this request and its impact on your organization:
Disposal of the approved waste generated by the construction of the nCino Sports Complex in
New Hanover County on Sutton Steam Plant Rd., under a fee waiver will provide a direct benefit
to the City of Wilmington and New Hanover Co. citzens as the funds saved could be used for
other amentiies for the park.
Board of Commissioners - August 7, 2023
ITEM: 3 - 1 - 1
4.) Have tipping fees been waived in the past for this organization (circle one)?
YES NO
5.) Please attach a copy of any documentation of your organization's IRS status
N/A
6.) What waste removal/hauling company will be transporting your waste?
TALovin Inc.- General Contractor
7.) What is the estimated amount (in tons or cubic yards) of expected waste
generation?
Tons OR 7000 Cubic Yards
8.) Check type(s) of waste: _Garbage or refuse X Construction waste
_Bulky waste (mattresses, furniture, etc.)
I hereby certify that the information above is true and accurate, and that I am
authorized by my organization to submit this request on its behalf. I also understand
that it is my organization's responsibility to ensure that no hazardous or prohibited
wastes will be disposed of.
Signature: _
Matt tyl lkt
SECTION TWO (To be completed by NHC DEM)
Date: 5/1 /2023
I reviewed t `, tipping fee waiver request and
COMMEND IDO NOT RECOMMEND approval (circle one).
Signature:
JA-
Date: 7/Z9/Z6Z3
Cc:
NHC Landfill Mgr.
Clerk to the Board
Board of Commissioners - August 7, 2023
ITEM: 3 - 1 - 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE:8/7/2023
Consent
DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning & Land Use Director
CONTACT(S): Rebekah Roth, Planning & Land Use Director
SU BJ ECT:
Adoption of a Resolution of Support for the Wilmington Urban Area Metropolitan Planning Organization's
(WMPO's) Resilience Improvement Planning Grant Application through the United States Department of
Transportation's Promoting Resilient Operations for Transformative, Efficient, and Cost -saving Transportation
(PROTECT) Program
BRIEF SUMMARY:
The 2021 Bipartisan Infrastructure Law (BIL) established the new PROTECT discretionary program with $1.4 billion in
appropriated funds over five (5) years, with an estimated $848 million in program funding for the current funding cycle.
The PROTECT program's vision is to "fund projects that address the climate crisis by improving the resilience of the
surface transportation system, including highways, public transportation, ports, and intercity passenger rail." In June,
the WMPO Board directed WMPO staff to prepare an application for the ongoing Fiscal Year (FY) 2022-2023
PROTECT Notice of Funding Opportunity for a planning grant to develop a resilience Improvement plan for the
WMPO planning area.
The planned activities for the development of a resilience improvement plan for the WMPO planning area will include
the identification of natural hazard related vulnerabilities in the surface transportation network within our region
through various scenario modeling, review of realistic infrastructure improvement projects, programs, and policies, and
a list of prioritized short- and long-term infrastructure improvements to address these identified vulnerabilities and
improve system resilience. All these activities will include significant stakeholder and public input. Projects identified
within a resilience improvement plan then become eligible for resilience improvement grant funding through the
PROTECT discretionary grant program, and other local, state, and federal funding can be sought for their
implementation.
The Cape Fear region holds strategic importance for the state's economy and the defense of the United States, both
reliant upon accessibility via the surface transportation network to the Port of Wilmington. Wilmington and its
neighboring towns and counties, attract thousands of visitors annually for purposes spanning from tourism to
education to business. In addition, the Wilmington region's population continues to rapidly grow, as does the number
of jobs and businesses relocating to the area. Natural hazard related vulnerabilities in the surface transportation
network within our region have the potential to impact the region's critical transportation infrastructure and cause
disruptions well outside our planning area. The identification of these vulnerabilities and a plan for addressing them
through project and policy implementation would ultimately provide benefits extending well beyond southeastern
North Carolina.
As the regional transportation planning agency for the lower Cape Fear region of southeastern North Carolina
metropolitan area, the WMPO is highly qualified to lead the development of a resilience improvement plan as they
operate on a regional scale to provide multimodal transportation network planning and technical service support to
their member jurisdictions and planning partners. The WMPO also works to identify projects and funding sources to
grow and improve the transportation network within their planning area while facilitating regional collaboration in the
best interest of the public. Public safety and equity are critical components of the work the WMPO undertakes and
Board of Commissioners - August 7, 2023
ITEM: 4
both topics are at the forefront of their planning initiatives. Furthermore, the WMPO has a history of involvement in
regional resilience initiatives through collaboration on university studies, staff publications, and inclusion of resiliency
topics in past metropolitan transportation plans.
STRATEGIC PLAN ALIGNMENT:
• Good Governance
o Effective County Management
Continuous focus on the customer experience
Deliver quality service at the right time
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the Resolution.
ATTACHMENTS:
Resolution of Support for WMPO's Application for PROTECT Program Funding
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend adoption.
COMMISSIONERS' ACTIONS:
Board of Commissioners - August 7, 2023
ITEM: 4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
SUPPORTING THE WILMINGTON URBAN AREA METROPOLITAN PLANNING ORGANIZATION'S
RESILIENCE IMPROVEMENT PLANNING GRANT APPLICATION THROUGH THE UNITED STATES
DEPARTMENT OF TRANSPORTATION'S PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE,
EFFICIENT, AND COST -SAVING TRANSPORTATION PROGRAM
WHEREAS, the United States Department of Transportation has developed a discretionary grant program
to address surface transportation resilience to natural hazards through the new Promoting Resilient
Operations for Transformative, Efficient, and Cost -Saving Transportation (PROTECT) Program; and
WHEREAS, the Bipartisan Infrastructure Bill has appropriated $848 million for the PROTECT Program
through Fiscal Year 2026; and
WHEREAS, the program supports the development of a resilience improvement plan that addresses
immediate and long range transportation network needs related to comprehensive natural hazard
preparedness to limit transportation disruptions, and to identify and assess areas of vulnerability within
the transportation network to be considered and prioritized for future resiliency projects; and
WHEREAS, the PROTECT Program encourages that entities, including local governments, that are
interested in obtaining implementation funds through the PROTECT Program have an adopted Resilience
Improvement Plan; and
WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization planning area has observed
transportation network disruptions due to natural hazard events such as flooding and has a high likelihood
of future flooding and severe weather events such as hurricanes; and
WHEREAS, a resilience improvement plan that covers the Wilmington Urban Area Metropolitan Planning
Organization would include New Hanover County.
NOW THEREFORE, BE IT RESOLVED that New Hanover County supports the application from the
Wilmington Urban Area Metropolitan Planning Organization to develop a resilience improvement plan for
the greater Wilmington region through the PROTECT Program.
ADOPTED this 71h day of August 2023.
NEW HANOVER COUNTY
William E. Rivenbark, Chair
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - August 7, 2023
ITEM: 4 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE:8/7/2023
Regular
DEPARTMENT: Health and Human Services PRESENTER(S): Jonathan Campbell, Public Health Director
CONTACT(S): Jonathan Campbell
SUBJECT:
Consideration of the 2023 National Immunization Awareness Month
BRIEF SUMMARY:
National Immunization Awareness Month observed every August, highlights the importance of vaccinating people of
all ages against numerous preventable diseases.
STRATEGIC PLAN ALIGNMENT:
• Superior Public Health & Safety
o Sustain the community capacity to prepare for and respond to public safety demands
■ Reduce or prevent community risks
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
National Immunization Awareness Month Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend adoption.
COMMISSIONERS' ACTIONS:
Board of Commissioners - August 7, 2023
ITEM: 5
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NATIONAL IMMUNIZATION AWARENESS MONTH PROCLAMATION
WHEREAS, vaccine -preventable illnesses still pose a health risk to people of all ages, it is more important
than ever to ensure all in the community are protected from vaccine -preventable diseases; and
WHEREAS, National Immunization Awareness Month highlights the importance of fighting against
infectious diseases using vaccines, which the Centers for Disease Control and Prevention declared one of
the top ten public health accomplishments of the 20' century; and
WHEREAS, the continued immunization efforts of parents, families, health care providers, public health
systems, institutions, and others has significantly reduced the threat of many infectious diseases; and
WHEREAS, people need to receive immunizations throughout their lives for healthy individuals and
communities; and
WHEREAS, pregnant women in particular need to make sure they receive all the necessary vaccines to
protect their own health as well as the health of their infants, because vaccination can protect babies up
to six months after birth while they are too young to receive vaccines themselves; and
WHEREAS, vaccines are demonstrated to be a safe method of preventing disease, as they are thoroughly
tested before licensing and carefully monitored to ensure safety; and
WHEREAS, vaccines are a highly cost-effective way to prevent disease, as they are protecting not only
individuals but entire communities by reducing and preventing the spread of infectious diseases.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that August
2023 will be recognized as National Immunization Awareness Month in New Hanover County.
ADOPTED this the 7th day of August, 2023.
NEW HANOVER COUNTY
William E. Rivenbark, Chair
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - August 7, 2023
ITEM: 5 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE:8/7/2023
Regular
DEPARTMENT: Governing Body PRESENTER(S): Chair Bill Rivenbark
CONTACT(S): Kym Crowell, Clerk to the Board
SU BJ ECT:
Appointment of Voting Delegate to the 2023 North Carolina Association of County Commissioners (NCACC)
Annual Conference
BRIEF SUMMARY:
The NCACC 116th Annual Conference will be held in Wake County on August 24-26, 2023. The annual business session
will be held in on Saturday, August 26, at 2 p.m. Each county will be entitled to one vote on items that come before the
membership, including the election of the NCACC Second Vice President. The NCACC is asking that each county
designate one voting delegate (and also may assign one alternate voting delegate) by August 21, 2023. Chair Bill
Rivenbark, Commissioner Jonathan Barfield, and Commissioner Rob Zapple are attending.
STRATEGIC PLAN ALIGNMENT:
• Good Governance
o Effective County Management
■ Increase transparency and awareness about county actions
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Appoint a voting delegate for the 116th Annual NCACC Conference.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approve selected voting delegate.
COMMISSIONERS' ACTIONS:
Board of Commissioners - August 7, 2023
ITEM: 6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE:8/7/2023
Regular
DEPARTMENT:
Facilities PRESENTER(S): Sara Warmuth, Chief Facilities Officer; Eric Credle, Chief
Management Finance Officer
CONTACT(S): Sara Warmuth, Eric Credle; Kate Baillon, Interim Museum Director; Dana Conners, Library
Director
SU BJ ECT:
Consideration of Approval of an Amendment to the Development Agreement to decrease the guaranteed
maximum price for the Redevelopment of the Wilmington City Block bounded by Chestnut Street, Grace Street,
and North Third Street; and Consideration of a Resolution Authorizing the Negotiation of an Installment Financing
Contract Not to Exceed $57 Million, Directing the Publication of Notice with Respect Thereto, and Providing for
Certain Other Related Matters
BRIEF SUMMARY:
At the May 15, 2023 Board of Commissioners meeting, a public hearing was conducted and a development agreement
between Cape Fear Development Partners, LLC (CFD) and New Hanover County was approved with a guaranteed
maximum price (GMP) of $60,524,860 for the redevelopment of the Wilmington City Block bounded by Chestnut
Street, Grace Street, and North Third Street.
The project includes the construction of a new, 95,000 square foot modern, purpose - built county museum and library
facility by the developer on the northern portion of the block and improvements to the existing parking deck on the
same block. The developer will then purchase the southern portion of the site for private mixed -use development, with
the purchase price based upon an appraisal process.
Upon approval of this agreement in May, staff worked with CFD to finalize the design plans and the project was then
sent out in a competitive bid process. The work to update the drawings with selected value engineered options,
extensive outreach to bidders— inclusive of minority and/or women -owned business enterprise (MWBE) outreach, and
vendor solicitation efforts were very successful and have yielded savings for the county.
The revised GMP, outlined in the amended development agreement, for the construction of the museum and library is
$55,942,679.This represents a savings of $4,582,182 from the original development agreement with CFD. This project
is recommended to be funded through debt proceeds as budgeted and structured as limited obligation bonds.
The county will remain in compliance with its debt policy with the issuance of this debt. To move forward with this
project, county staff is requesting the approval of a resolution that will allow the county manager or the chief financial
officer, with the advice from the county attorney and bond counsel, be authorized and directed to proceed and
negotiate on behalf of the county a contract for a principal amount not to exceed $57,000,000 for the financing of this
project.
Staff also requests that the board direct the chief financial officer or his designee to file with the Local Government
Commission an application for its approval of the contract and all relevant transactions contemplated. The issuance of
this debt instrument requires a public hearing.
Board of Commissioners - August 7, 2023
ITEM: 7
Staff is proposing that the public hearing be conducted on August 21, 2023 at 9:00 am, concerning the Contract, the
Deed of Trust, the proposed Project and any other transactions contemplated therein and associated therewith. Staff
requests that the clerk to the board be directed to cause a notice of the public hearing, in the form attached as Exhibit
A, to be published once in a qualified newspaper of general circulation within the county no fewer than 10 days prior to
the public hearing.
STRATEGIC PLAN ALIGNMENT:
• Good Governance
Effective County Management
■ Deliver quality service at the right time
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the amendment to the Development Agreement between Cape Fear Development Partners, LLC and New
Hanover County for the Redevelopment of the Wilmington City Block bounded by Chestnut Street, Grace Street, and
North Third Street, decreasing the guaranteed maximum price to $55,942,679.
Adopt the resolution, which among other things directs staff to submit an application for debt issuance to the Local
Government Commission and provide notice to conduct a public hearing at the next Board of Commissioners meeting
on August 21, 2023 for the debt issuance.
ATTACHMENTS:
Amendment to De\,elopment Agreement
EXHIBIT B
Exhibit C.1
Resolution Project Grace
Exhibit A
Project Grace Staff Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval of the development agreement amendment, adopt resolution, and set the public hearing for the
August 21, 2023 board meeting.
COMMISSIONERS' ACTIONS:
Board of Commissioners - August 7, 2023
ITEM: 7
AMENDMENT TO DEVELOPMENT AGREEMENT
August _, 2023
THE DEVELOPMENT AGREEMENT (the "Agreement") made and entered into on the 16th day
of May, 2023, by the COUNTY OF NEW HANOVER, a public body, corporate and politic,
having its principal office at 230 Government Center Drive, Wilmington, North Carolina (the
"County") and CAPE FEAR DEVELOPMENT PARTNERS, LLC, a North Carolina limited
liability company corporation, having its principal place of business at 102 Autumn Hall Drive,
Suite 210, Wilmington, North Carolina, its successors and assigns (the "Developer"), regarding
the redevelopment of the County's land located in the Wilmington City Block bounded by
Chestnut Street, Grace Street, Second Street and North Third Street, is hereby amended as
follows:
WITNESSETH:
WHEREAS, the Agreement provided that the anticipated project budget to develop and
complete the improvements to the Civic and Arts Facilities Parcel and the Parking Parcel was
estimated to be Sixty Million, Five Hundred Twenty Four Thousand Eight Hundred Sixty and
00/100 Dollars ($60,524,860.00);
WHEREAS, the Agreement provided that after revision to the plans, full permitting of
the County's Improvements, including without limitation issuance of a Building Permit, and
execution of guaranteed maximum price construction contract with the general contractor (the
"GMP Construction Contract"), the Developer will provide a summary of the updated
development cost, including, without limitation, the GMP Construction Contract price, which
updated summary shall be the "Project Budget". The Project Budget shall be no greater than the
estimated budget;
WHEREAS, the Developer has provided to the County a summary of the updated
development cost, including, without limitation, the GMP Construction Price, and such summary
shall be the "Project Budget".
Board of Commissioners - August 7, 2023
ITEM: 7 - 1 - 1
NOW, THEREFORE, in consideration of the foregoing premises, this Amendment to the
Development Agreement and undertakings hereinafter set forth, the County and the Developer
hereby agree to amend the Agreement as follows:
1. The Project Budget is attached hereto at Exhibit C.1, and identifies a total Project
Budget of not to exceed Fifty -Five Million, Nine Hundred Forty -Two Thousand Six
Hundred and Seventy -Nine 00/100 Dollars ($55,942,679.00).
2. The construction plans have been updated since the original date of the Agreement,
and Exhibit B of the Agreement is replaced with Exhibit B attached hereto to reflect
the current construction plans.
3. The value engineering concepts contemplated in the last sentence of Section La. of
the Agreement in Exhibit B.1 of the Agreement have been incorporated in to the
construction plans and the Project Budget, and therefore, the Agreement is amended
to remove the last sentence of Section La. and to remove Exhibit B. 1.
4. The Project Budget being established, the Parties can now establish the specific
Development Fee. Therefore, Section I.e. of the Agreement is replaced in its entirety
with the following:
c. Development Fee. In consideration of the Developer's services provided
pursuant to the Project Management Agreement, the County shall pay to the
Developer a fee of One Million Eight Hundred Twenty -Nine Thousand Nine
hundred One and 00/100 Dollars ($1,829,901.00).
5. Except as hereby amended, all other terms and conditions set forth in the original
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seals to this Agreement this
day of August, 2023.
Board of Commissioners - August 7, 2023
ITEM: 7 - 1 - 2
COUNTY OF NEW HANOVER
By:
Name: Chris Coudriet
Title: Manager
CAPE FEAR DEVELOPMENT PARTNERS, LLC
By:
Name:
Title: Manager
Exhibits Attached
B Plans for County Improvements
C.1 Project Budget
ND:4881-5875-9796, v. 2
Board of Commissioners - August 7, 2023
ITEM: 7 - 1 - 3
EXHIBIT B
Plans for County Improvements
1. Project Grace Architectural Permit Set drawings prepared by LS3P; dated 05.22.2023, as
amended by Project Grace Addendum No. 1 prepared by LS3P, dated 06.01.2023, and
Project Grace Addendum No. 2 prepared by LS3P, dated 06.22.2023.
2. Project Grace Structural Permit Set drawings prepared by LS3P and Wood Engineering;
dated 05.22.2023.
3. Project Grace Civil Permit Set drawings prepared by LS3P and Paramounte Engineering;
dated 05.22.2023.
4. Project Grace MEP Permit Set drawings prepared by LS3P and Newcomb & Boyd; dated
05.22.2023.
5. Project Grace Landscape Permit Set drawings prepared by LS3P and Stewart; dated
05.22.2023.
6. Project Grace Specifications Vol. 1 and Vol. 2; dated 05.22.2023.
7. "General" sheets prepared by LS3P and "Code" sheets prepared by Henderson engineers,
all dated 05.22.2023.
Board of Commissioners - August 7, 2023
ITEM: 7 - 2 - 1
Exhibit C.1
Project Name:
GSF Area:
Project Grace
95,000
COST/
COST SUMMARY
TOTAL COST
GSF
DESIGN & ENGINEERING
$1,818,000
$19.14
CONSTRUCTION
$49,386,878
$519.86
CONSTRUCTION ALLOWANCES (carried outside of GMP)
$728,000
$7.66
ADMINISTRATIVE
$145,000
$1.53
MARKETING
$25,000
$0.26
PROFESSIONAL FEES
$180,000
$1.89
PROJECT MANAGEMENT FEES
$1,829,901
$19.26
CONTINGENCY
$1,829,901
$19.26
TOTAL
$55,942,679
$589
Board of Commissioners - August 7, 2023
ITEM: 7 - 3 - 1
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE
NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO,
AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO
WHEREAS, the County of New Hanover, North Carolina (the "County") is a validly existing political subdivision,
existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State");
WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) enter into
installment contracts in order to purchase, or finance or refinance the purchase of, real or personal property and to
finance or refinance the construction or repair of fixtures or improvements on real property and (2) create a security
interest in some or all of the property financed or refinanced to secure repayment of the purchase price;
WHEREAS, the Board of Commissioners of the County of New Hanover (the "Board") hereby determines that it
is in the best interest of the County to finance the capital costs of construction of a new joint library -museum facility
and improvements to an existing County parking deck that will serve the new facility (collectively, the "2023A
Projects");
WHEREAS, the New Hanover County Financing Corporation (the "Corporation") will assist the County by the
issuance of its Limited Obligation Bonds (the "Bonds") to finance the 2023A Projects;
WHEREAS, the Board hereby determines that it is in the best interests of the County to finance the 2023A
Projects by (1) entering into an Installment Financing Contract (the "Contract") with the Corporation in order to finance
the capital costs of the 2023A Projects, and (2) entering into a deed of trust, security agreement and fixture filing (the
"Deed of Trust") related to the County's fee simple interest in the real property on which the joint library -museum
facility will be located (the "Mortgaged Property"), that will provide security for the County's obligations under the
Contract;
WHEREAS, the Corporation will execute and deliver its Bonds in an aggregate principal amount not to exceed
$57,000,000, evidencing proportionate undivided interests in rights to receive certain Revenues (as defined in the
Contract) pursuant to the Contract;
WHEREAS, the County hereby determines that financing the 2023A Projects is essential to the County's proper,
efficient and economic operation and to the general health and welfare of its inhabitants; that financing the 2023A
Projects will provide an essential use and has and will permit the County to carry out public functions that it is
authorized by law to perform; and that entering into the Contract and Deed of Trust is necessary and expedient for the
County by virtue of the findings presented herein;
WHEREAS, the County hereby determines that the Contract would allow the County to finance the 2023A
Projects and take title thereto at a favorable interest rate currently available in the financial marketplace and on terms
advantageous to the County;
WHEREAS, the County hereby determines that the estimated cost of financing the 2023A Projects, including
payment of the costs of execution and delivery, is an amount not to exceed $57,000,000 and that such cost exceeds
the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and
non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the
Constitution of the State;
WHEREAS, although the cost of financing the 2023A Projects to the Contract is expected to exceed the cost of
financing the 2023A Projects pursuant to a bond financing for the same undertaking, the County hereby determines
that the cost of financing the 2023A Projects pursuant to the Contract and Deed of Trust and the obligations of the
County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons,
including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation
bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time
required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the
financial benefits of financing, constructing, and improving the 2023A Projects; and (3) insufficient revenues are
produced by the 2023A Projects so as toyermit a revenue bond fiancin ;
oard of Commissioners - August, 2023
ITEM: 7 - 4 - 1
WHEREAS, the County hereby determines that the estimated costs of financing the 2023A Projects pursuant to
the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking
as a result of the findings delineated in the above preambles;
WHEREAS, the County anticipates that any future property tax increase, if necessary, to pay installment
payments falling due under the Contract will not be excessive;
WHEREAS, the sums to fall due under the Contract will be adequate but not excessive for its proposed purpose;
WHEREAS, Parker Poe Adams & Bernstein LLP, as bond counsel ("Bond Counsel"), will render an opinion to the
effect that entering into the Contract and the transactions contemplated thereby are authorized by law;
WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the
Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or
contingently to secure any money due under the Contract;
WHEREAS, the County is not in default under any of its debt service obligations;
WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local
Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed
with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget
ordinance;
WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment
policies have been carried out in strict compliance with the law, and the County has not been censured by the North
Carolina Local Government Commission (the "LGC"), external auditors or any other regulatory agencies in connection
with such debt management and contract obligation payment policies;
WHEREAS, a public hearing on the Contract after publication of a notice with respect to such public hearing must
be held, and approval of the LGC with respect to entering into the Contract must be received;
WHEREAS, the County hereby determines that all findings, conclusions and determinations of the County in this
Resolution are subject to modification or affirmation after all interested parties have been afforded the opportunity to
present their comments at a public hearing regarding the execution and delivery of the Contract and the Deed of Trust
and the 2023A Projects financed thereby.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER,
NORTH CAROLINA, AS FOLLOWS:
Section 1. Authorization to Negotiate the Contract. That the County Manager or the Chief Financial Officer,
with advice from the County Attorney and Bond Counsel, are hereby authorized and directed to proceed and negotiate
on behalf of the County the Contract for a principal amount not to exceed $57,000,000 to finance the 2023A Projects,
to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina, as
amended, and to provide in connection with the Contract, as security for the County's obligations thereunder, a Deed
of Trust conveying a lien and interest in the Mortgaged Property, including the improvements thereon.
Section 2. Application to LGC. That the Chief Financial Officer or his designee is hereby directed to file with
the LGC an application for its approval of the Contract and all relevant transactions contemplated thereby on a form
prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the
County and its financial condition as may be required by the LGC.
Section 3. Direction to Retain Professionals. That the County Manager and the Chief Financial Officer, with
advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe Adams &
Bernstein LLP, Raleigh, North Carolina, as bond counsel, First Tryon Advisors, Charlotte North Carolina, as financial
advisor, PNC Capital Markets LLC, Charlotte, North Carolina, as underwriter, and U.S. Bank Trust Company, National
Association, as trustee. The County Man erx.nAl he Chief Financial Offi r re hereby authorized to retain such other
professionals as they deem necessary in their�udgonmm ssi c rr 9 etean�saction contemplated in this Resolution.
Section 4. Public Hearing. That a public hearing (the 'Public Hearing") shall be conducted by the Board on
August 21, 2023 at 9:00 a.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina, concerning the Contract, the proposed financing, and any other transactions
contemplated therein and associated therewith.
Section 5. Notice of Public Hearing. That the Clerk to the Board is hereby directed to cause a notice of the
Public Hearing, in the form attached hereto as Exhibit A, to be published once in a qualified newspaper of general
circulation within the County no fewer than 10 days prior to the Public Hearing.
Section 6. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby
repealed.
Section 7. Effective Date. That this Resolution is effective on the date of its adoption.
Read, approved, and adopted this 7th day of August, 2023.
By:
William E. Rivenbark
Chair of the Board of Commissioners
Kym Crowell
Clerk to the Board
APPROVED AS TO FORM:
K. Jordan Smith
County Attorney
Board of Commissioners - August 7, 2023
ITEM: 7 - 4 - 3
EXHIBIT A
NOTICE OF PUBLIC HEARING
The Board of Commissioners (the "Board") of the County of New Hanover, North Carolina (the "County") is
considering (1) entering into an installment financing contract in an amount not to exceed $57,000,000 (the "Contract")
to finance the capital costs of construction of a new joint library -museum facility and improvements to an existing County
parking deck that will serve the new facility (collectively, the "2023A Projects") and (2) executing and delivering a deed of
trust, security agreement and fixture filing (the "Deed of Trust") related to the County's fee simple interest in the joint
library -museum facility, together with the improvements thereon (collectively, the "Mortgaged Property"), as may be
required by the entity providing the funds to the County under the Contract. The joint library -museum facility will be
located on the north parcel of the Wilmington City Block bounded by Chestnut Street, Grace Street, North Second Street
and North Third Street
The Mortgaged Property identified above will be mortgaged under the Deed of Trust. The Contract and the Deed of
Trust permit the County to enter into amendments to finance additional projects using the Mortgaged Property as
collateral and the County may or may not grant additional collateral in connection with such amendments. On payment
by the County of all installment payments due under the Contract, including any future amendments to finance or
refinance projects, the Deed of Trust and any lien created thereunder will terminate and the County's title to the
Mortgaged Property will be unencumbered.
NOTICE IS HEREBY GIVEN, pursuant to Sections 160A-20 of the General Statutes of North Carolina, that on August
21, 2023 at 9:00 a.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North
Carolina, a public hearing will be conducted concerning the approval of the execution and delivery of the Contract and
the projects financed thereby. All interested parties are invited to present comments thereon at the public hearing.
Published:
/s/ KYM CROWELL
Clerk to the Board of Commissioners
County of New Hanover, North Carolina
Board of Commissioners - August 7, 2023
ITEM: 7 - 5 - 1
STATE OF NORTH CAROLINA
ss:
COUNTY OF NEW HANOVER
I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY
CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF
COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT
FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO, AND PROVIDING FOR CERTAIN OTHER
RELATED MATTERS THERETO' adopted by the Board of Commissioners of the County of New Hanover, North Carolina,
at a meeting held on the 7th day of August, 2023.
WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this the _ day of August,
2023.
KYM CROWELL
Clerk to the Board of Commissioners
County of New Hanover, North Carolina
Board of Commissioners - August 7, 2023
ITEM: 7 - 5 - 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE:8/7/2023
Regular
DEPARTMENT: County PRESENTER(S): Karen Richards Deputy County Attorney, Chief Deputy Ken Sarvis, New
Attorney Hanover County Sheriffs Office
CONTACT(S): Karen Richards
SU BJ ECT:
New Hanover County Plan for Transportation Agreement of NHC Involuntary Commitments (IVC) Respondents as
required by NCGS 122C-251
BRIEF SUMMARY:
By statute, the Sheriff's Office is required to provide transportation for IVC Respondents to out of county facilities. A
transportation plan was implemented for the County to partner with New Hanover Regional Medical Center to
facilitate involuntary commitment transportation to approved facilities as required by statute. The proposed revised
plan is updated to designate Novant as owner/successor to New Hanover Regional and to expressly authorize Novant
to utilize Allied Universal Security Services a third -party transportation agency mutually acceptable to Novant and
County.
The New Hanover County Sheriff's Office and Novant Health New Hanover Regional Medical Center have partnered
to provide quicker service to the members of our community who may need transportation to services that are outside
of New Hanover County. This Plan will allow Novant to secure a third party agency to transport a Respondent to a
facility quicker than coordinating transport with the Sheriff's Office.
By doing so, the Respondent is able to enter the treatment deemed necessary by medical personnel sooner, Novant
Health New Hanover Regional Medical Center is able to free up beds quicker, and the New Hanover County Sheriff's
Office staff is freed up from transport thus allowing them to tend to community matters.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health & Safety
o Sustain the community capacity to prepare for and respond to public safety demands
Collaborate to optimize system -wide responses and outcomes
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve agreement.
ATTACHMENTS:
NEW HANOVER COUNTY TRANSPORT OVERVIEW
RESOLUTION ADOPTINGA PLAN SUPPORTING
Board of Commissioners - August 7, 2023
ITEM: 8
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Board of Commissioners - August 7, 2023
ITEM: 8
NEW HANOVER COUNTY PLAN
FOR TRANSPORTATION OF NEW HANOVER COUNTY
INVOLUNTARY COMMITMENT RESPONDENTS
It is the policy of New Hanover County to transport persons subject to involuntary commitment proceedings
("Respondents") in conformity with the requirements set forth in N.C.G.S. § 122C-251. This plan for
transportation of Respondents applies to New Hanover County law enforcement officers and any contract
transportation provider designated by the New Hanover County Commissioners pursuant to N.C.G.S. §
122C-251(g).
SERVICE OF INVOLUNTARY COMMITMENT ORDERS ON RESPONDENTS
The initial service of an involuntary commitment order upon a Respondent and the initial custody of the
Respondent shall be accomplished by a law enforcement officer, pursuant to N.C.G.S. § 122C-261(e). Once
the Respondent has been committed to a 24-hour facility, transportation to and from that facility can be
accomplished by a law enforcement officer or anyone authorized to provide transportation to Respondents
pursuant to N.C.G.S. § 122C-251(g).
TRANSPORTATION OF RESPONDENTS WITHIN NEW HANOVER COUNTY
Transportation of Respondents from New Hanover County detention facilities shall be provided by the New
Hanover County Sheriff's Office pursuant to N.C.G.S. § 122C-251(g) for Respondents who reside in New
Hanover County or Respondents taken into custody in New Hanover County. Transportation of
Respondents between 24-hour facilities within New Hanover County pursuant to involuntary commitment
proceedings shall be provided by the New Hanover County Sheriff's Office or by an employed or contracted
transportation provider of Novant Health New Hanover Regional Medical Center ("NHNHRMC") or Allied
Universal Security Services pursuant to N.C.G.S. § 122C-251(g).
TRANSPORTATION OF RESPONDENTS BETWEEN COUNTIES OR ACROSS STATE LINES
Transportation between New Hanover County and other North Carolina counties of a Respondent taken
into custody in New Hanover County to a 24-hour facility shall be provided by the New Hanover County
Sheriff's Office or by an employed or contracted transportation provider of NHNHRMC or Allied Universal
Security Services pursuant to N.C.G.S. § 122C-251(g).
Transportation between counties for Respondents held in 24-hour facilities who have requested a change
of venue for their District Court hearing shall be provided by the New Hanover County Sheriff's Office or
by an employed or contracted transportation provider of NHNHRMC or Allied Universal Security Services
pursuant to N.C.G.S. § 122C-251(g) if the petition for involuntary commitment was initiated in New
Hanover County.
Transportation between counties for the discharge of a Respondent from a 24-hour facility shall be provided
by the New Hanover County Sheriff's Office or by an employed or contracted transportation provider of
NHNHRMC or Allied Universal Security Services if the Respondent is a resident of New Hanover County,
pursuant to N.C.G.S. § 122C-251(g). Respondents, upon discharge from a 24-hour facility, may also use
their own transportation at their own expense pursuant to N.C.G.S. § 122C-25l(b).
Transportation of Respondents between NHNHRMC and the Lighthouse Center of Conway, South
Carolina, shall be provided pursuant to N.C.G.S. § 122C-251(g) by an employed or contracted
transportation provider of NHNHRMC or Allied Universal Security Services if the Respondent is a resident
of New Hanover County.
PROCEDURES FOR TRANSPORT OF RESPONDENTS
Members of the New Hanover County Sheriff's Office, or contract transportation providers designated by
New Hanover County pursuant to N.C.G.S § 122C-251(g) may use reasonable force to restrain Respondents
if it is necessary to protect themselves, the Respondents, or others. Members of the New Hanover County
Sheriff s Office or contract transportation providers designated by New Hanover County should review the
applicable Involuntary Commitment Petition and Order or seek information from the 24-hour facility to
determine if the Respondent presents a danger of assault or escape during transport. Transportation of
Respondents who present a known risk for assaultive, combative behavior during transport will not be
performed by NHNHRMC or Allied Universal Security Services. In such cases, the New Hanover County
Sheriff's Office will be contacted by NHNHRMC and requested to transport the Respondent.
Transportation of Respondents may require the use of restraints. Restraints used in these situations should
restrain the Respondent securely, without causing injury.
While providing transportation for a Respondent, to the extent feasible, there shall be a driver or attendant
who is the same sex as the Respondent present unless a family member of the Respondent is permitted to
accompany the Respondent in lieu of an attendant or driver of the same sex as Respondent.
To the extent feasible, each Respondent will be transported with the dignity and respect allowed on a case
by case basis.
COUNTY TRANSPORTATION PLAN PURSUANT TO 122C-251(g)
The New Hanover County Sheriff's Office, or any other person or organization contracted to provide
transportation of involuntary commitment Respondents, shall be subject to the terms of this plan and shall
complete training in accordance with N.C.G.S. § 122C-202.2(3). Such training shall be approved by the
New Hanover County Sheriff. An example of such training is "Nonviolent Crisis Intervention" from Crisis
Prevention Institute ("CPI"), a training and consulting organization specializing in behavior management.
The purpose of the training shall be to provide adequate safety and protection for Respondents, those
providing transport, and the public.
Members of the New Hanover County Sheriff's Office and contract transportation providers designated by
New Hanover County pursuant to N.C.G.S § 122C-251(g) shall provide transportation and follow
procedures in this plan and in the applicable statutes found in Article 5, Chapter 122C of the North Carolina
General Statutes. References in Article 5 to law enforcement officers shall apply to any contract
transportation provider designated by New Hanover County pursuant to N.C.G.S. § 122C-251(g) when
providing transportation to involuntary commitment Respondents.
Contract transportation providers designated by New Hanover County shall agree to indemnify and hold
harmless New Hanover County, NHNHRMC, the New Hanover County Sheriff, and their employees and
agents. Contract transportation providers designated by New Hanover County shall provide proof of
insurance coverage as required by the New Hanover County Sheriff and/or County Manager and
NHNHRMC.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION ADOPTING
THE NEW HANOVER COUNTY PLAN FOR TRANSPORATION OF NEW HANOVER
COUNTY INVOLUNTARY COMMITMENT RESPONDENTS
WHEREAS, pursuant to North Carolina General Statute ("N.C.G.S.") § 122C-251(a), New Hanover
County has a duty to provide, through its law enforcement officers, transportation under the involuntary
commitment proceedings of Article 5 of Chapter 122C of the North Carolina General Statutes for citizens
of New Hanover County and any person taken into custody within New Hanover County limits; and
WHEREAS, N.C.G.S. § 122C-251(g) provides that the Board of Commissioners of the County may adopt
a plan for the transportation of Respondents in involuntary commitment proceedings, and that private
agency personnel may be designated to provide all or part of the transportation required by such
proceedings; and
WHEREAS, N.C.G.S. § 122C-251(g) further provides that persons designated in the plan to provide
transportation shall be appropriately trained as set forth in N.C.G.S. § 122C-202.2(a)(3), and the plan shall
assure adequate safety and protection for both the public and the Respondent; and
WHEREAS, the New Hanover County Sheriffs Office, other local law enforcement officers, and other
affected agencies participate jointly in execution of a plan for transportation of Respondents in involuntary
commitment proceedings; and
WHEREAS, Novant Health New Hanover Regional Medical Center ("NHNHRMC") operates a hospital
with several locations throughout New Hanover County; and
WHEREAS, NHNHRMC receives into its facilities mental health and substance abuse patients who are
Respondents in involuntary commitment proceedings pursuant to Article 5 of Chapter 122C of the North
Carolina General Statutes, and who require transportation services from time to time; and
WHEREAS, NHNHRMC does not have the ability or capacity to treat all such mental health and substance
abuse patients that it receives; and
WHEREAS, other North Carolina facilities, which have the ability or capacity to accept patients requiring
transfer from NHNHRMC for mental health or substance abuse care and treatment are frequently located
several hours away from NHNHRMC; and
WHEREAS, transportation of involuntarily committed patients from NHNHRMC to other North Carolina
treatment facilities is currently carried out by the New Hanover County Sheriff's Office; and
WHEREAS, due to the time commitment involved in completing such transports, there is often a delay in
officer availability to provide transportation for patients awaiting transfer to 24-hour facilities from the
NHNHRMC Emergency Department; and
WHEREAS, the NHNHRMC Emergency Department at times experiences surges in patient volumes and
NHNHRMC desires to provide transportation of appropriate (non-violent) Respondents awaiting transfer
in its Emergency Department to shorten wait times and improve efficiency; and
WHEREAS, NHNHRMC employs security personnel and has contracted with Allied Universal Security
Services for additional staffing to support the provision of transportation services from NHNHRMC for
involuntarily committed patients needing transfer who meet appropriate criteria, as determined by the
attending healthcare provider; and
WHEREAS, to the extent feasible, such transportation of Respondents shall be done with the dignity and
respect allowed on a case by case basis; and,
WHEREAS, such an arrangement will assist NHNHRMC, New Hanover County, and the New Hanover
County Sheriff's Office in fulfilling their obligations under Article 5 of Chapter 122C of the North Carolina
General Statutes.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
adopts the attached plan titled "New Hanover County Plan for Transportation of New Hanover County
Involuntary Commitment Respondents" for transportation of involuntary commitment Respondents
between NHNHRMC and other North Carolina treatment facilities by security personnel either directly
employed by NHNHRMC or contracted through Allied Universal Security Services to provide
transportation services, as permitted by N.C.G.S. § 122C-251(g). Such plan shall include an agreement
between NHNHRMC and Allied Universal Security Services for provision of these services at no charge
to the County. That agreement shall provide for full compliance with N.C.G.S. § 122C-251 by Allied
Universal Security Services and for insurance coverage in amounts acceptable to NHNHRMC and the
County. Neither the adoption of the plan nor the designation of NHNHRMC and/or Allied Universal
Security Services as an approved transportation provider is or shall be construed as creating any agency or
other relationship between the County, NHNHRMC, the Sheriff's Office and/or Allied Universal Security
Services.
ADOPTED this the day of August, 2023
NEW HANOVER COUNTY
William E. Rivenbark, Chairman
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE:8/7/2023
Regular
DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor
CONTACT(S): Robert Farrell; Rebekah Roth, Planning & Land Use Director
SU BJ ECT:
Public Hearing
Rezoning Request (Z23-12) — Request by William Block with Olympus Holding Company Castle Hayne, LLC,
applicant, on behalf of Patricia Roseman with Blue Tank, LLC and Holly Tank, LLC, property owners, to rezone
approximately 23.01 acres zoned 1-1, Light Industrial and approximately 49.38 acres zoned 1-1 and R-15,
Residential located at 5210 Holly Shelter Road and 5735 Blue Clay Road to (CZD) RMF-L, Residential Multi -Family
— Low Density for a maximum of 521 residential units consisting of multi -family, attached, and detached
residential dwelling units. (See page 1 of the attached staff report for a reference map)
BRIEF SUMMARY:
The applicant is proposing to rezone two parcels totaling approximately 72.39 acres from the 1-1, Light Industrial and
R-15, Residential districts to the (CZD) RMF-L, Residential Multi -Family - Light Density for a maximum of 521
residential units consisting of multi -family, attached, and detached dwelling units.
The proposed concept plan is for a maximum 521 dwelling units consisting of multi -family, single-family attached and
single-family detached units. It is currently anticipated that the proposal will be developed over four phases. The multi-
family phase will be located at the corner of Holly Shelter and Blue Clay Road and total a maximum of 243 units, and
three phases of mixed single-family attached and detached dwellings on the southern parcel totaling 278 units.
Access for the multi -family component of the development is proposed from Blue Clay and Holly Shelter while the
remaining single-family units would be accessed from Blue Clay Road. The concept plan does not include vehicular
connectivity between the multi -family and single-family developments; however, a condition has been provided
guaranteeing bicycle and pedestrian interconnectivity. Addition of vehicle connectivity would change the assumed
conditions analyzed as part of the Traffic Impact Analysis (TIA) and require a revision to the approved TIA.
Both the multi -family and single-family portions of the project include stormwater, open space, and designated
amenities.
Public water is currently available to the site through CFPUA. A sewer force main extension east from 1-40 is necessary
to support the proposed density and unit count. The project is anticipated to connect to the county and CFPUA's joint
sewer extension capital project along Holly Shelter Road.
The R-15 and 1-1 zoning districts in this area were established in 1971. At the time, the purpose of the R-15 district was
to ensure that housing served by private septic and wells would be developed at low densities. The 1-1 zoning
designation for this property reflected the industrial uses already in existence at the time this area of the county was
initially zoned.
Portions of both of the parcels were rezoned from the original R-15 and 1-1 zoning to the current zoning in 2000 in
rezoning case Z-708. With that approval, a 75' foot wide strip of R-15 was left to serve as a buffer between the 1-1
Board of Commissioners - August 7, 2023
ITEM: 9
district and the single-family residential across the Blue Clay Road right-of-way.
The purpose of the RMF-L district is to accommodate lands for moderate density single family and low -density multi-
family development of varying types and designs. The intent is that the RMF-L district will provide options for
alternative housing types near or in direct relationship to single-family detached development with a range of housing
options.
The proposal has an overall density of 7.19 dwelling units per acre. The maximum allowed density in the RMF-L district
is 10 units per acre.
Performance residential developments are subject to specific setback standards. Buildings within a performance
residential development require a minimum setback of 20 feet from an adjoining property line. The applicant has
provided a condition restricting the maximum height of structures on the parcel to not exceed 45' and no taller than 3
stories. Multi -family and nonresidential structures of this height within an RMF district are subject to a 30-foot
required setback when abutting general residential zoned lots.
Transitional buffers also serve as a mitigation method to limit impacts on adjacent uses. Opaque buffers are required
between more intense residential uses when adjacent to parcels accommodating single-family detached and/or duplex
dwelling units.
For this type of development, set -aside dedicated open space must amount to at least 20 percent of the site. The site
plans indicate that the dedicated open space exceeds this required amount.
The site is accessed at the intersection of Holly Shelter Road, an NCDOT major collector road, and Blue Clay Road, an
NCDOT major collector road.
Currently, the site is undeveloped. If developed at the typical build out, the property could support 545,000 square feet
of General Industrial, the typical build out of a building at 18% of the total site area within the 1-1 zoning district, and 7
single-family dwellings, the typical development allowed within the R-15 zoning district. It is estimated that a 545,000
square foot development of General Industrial and 7 single-family dwellings would generate approximately 408 AM
peak hour trips and 361 PM peak hour trips. It is estimated that the proposed development of 521 total residential
units of which 243 are multi -family units, and 278 mixed single-family attached and detached dwelling units, would
generate approximately 237 AM peak hour trips and 288 PM peak hour trips. This is a reduction in the estimated
generated trips by 171 AM peak hour trips and 73 PM peak hour trips.
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. A team of NCDOT, WMPO, and County
planning staff work with an applicant's traffic engineers to develop the scope for the TIA, including the study area, the
traffic data which must be collected, trip distribution, and the developments and background traffic growth that must
be analyzed. This document is used to identify off -site transportation improvements required to mitigate the impacts
of the development and must be approved by the WMPO and NCDOT.
The proposed project is located along two NCDOT maintained roads, both of which are under capacity. The applicant
has had a TIA approved by the NCDOT and WMPO requiring several roadway improvements, including signalization of
a nearby intersection, the addition of new turning lanes, and the lengthening of tapers and storage lanes. The subject
site is in close proximity to the 1-40 — Holly Shelter Road interchange and the future Holly Shelter Business Park, which
are expected to generate more commercial traffic once developed. The approved TIA can be viewed here.
Students living in the proposed development would be assigned to Castle Hayne Elementary School, Holly
Shelter Middle School, and Laney High School. A maximum of 7 dwelling units would be permitted under the current R-
15 zoning density, and 521 units could potentially be developed under the proposed zoning for an increase of 514
dwelling units. Based on a generalized historic generation rate, staff would estimate that the increase in homes would
result in an increase of approximately 113 more students than the number of students who are estimated to be already
Board of Commissioners - August 7, 2023
ITEM: 9
generated under the existing zoning.
1-1 Light I ndustrial, 1-2 Heavy I ndustrial, and R-15 Residential zoning surround the immediate site, and B-2 zoning exists
at the 1-40 and Holly Shelter Road interchange.
The subject site is located adjacent to existing industrial uses, with heavy industrial located across Blue Clay Road and
Holly Shelter Road. Other heavy industrial uses exist to the east and utilize Holly Shelter Road as their access point.
An additional condition developed in conjunction with the applicant and County Attorney's office has been included
with this request requiring a disclosure to future owners and residents of the potential impacts such as noise, vibration,
and heavy vehicle traffic on area roadways from nearby existing and future commercial and industrial development.
The proposal is located within one -mile of a County invested business development, the future Holly Shelter Business
Park. This development is expected to generate an increase in industrial and commercial traffic along the Holly Shelter
Road corridor.
The development could serve as a transition between the industrial zoning to the north and west from the single-family
residential parcels to the south and east.
The subject site is located just east of the 1-40 — Holly Shelter Road interchange, an area that is primarily zoned for
commercial development. This proposal could provide for housing that could support future commercial and industrial
development within the area.
The General Residential place type 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.
The proposed RMF-L rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project
provides for the density and range of housing options recommended in the General Residential place type.
Furthermore, the housing types permitted by the proposed rezoning offer diverse housing options that could support
commercial and industrial developments anticipated within the nearby Employment Center and Commerce Zone place
types.
The Planning Board considered this application at the July 6, 2023 meeting. One member of the public representing a
neighboring industrial use spoke in opposition citing concerns with the proximity and compatibility of residential
development near existing industrial development. The Planning Board voted unanimously (5-0) to recommend
approval of the petition with three conditions related to pedestrian interconnectivity, structure height, and a recorded
declaration statement regarding nearby industrial development.
The board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because
the project provides for the density and range of housing options recommended in the General Residential place type.
The project could also serve as a transition between adjacent industrial zoning and adjacent low -density, single-family
residential uses.
The board also found RECOMMENDING APPROVAL of the rezoning request was reasonable and in the public
interest because the proposal could accommodate residential uses that could support the nearby Employment Center
and Commerce Zone place types.
STRATEGIC PLAN ALIGNMENT:
Board of Commissioners - August 7, 2023
ITEM: 9
• Intelligent Growth & Economic Development
o Encourage development of complete communities in the unincorporated county
■ Ensure NHC has appropriate housing to support business growth
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and
technical review.
The proposal promotes the uses recommended within the General Residential place type, and supports the
Comprehensive Plan's goal to provide for a range of housing types and opportunities for households of different sizes
and income. The proposal could accommodate residential developments that would support commercial and industrial
developments that are anticipated within the area.
While the Comprehensive Plan recommendation for this site was established prior to plans for the Holly Shelter
Business Park, the proposed RMF-L rezoning is generally consistent with the 2016 Comprehensive Plan because the
rezoning provides for the density and range of housing options recommended within the General Residential place
type, and the housing types permitted by the proposed rezoning would provide diverse housing options that could
support commercial and industrial developments anticipated within the nearby Employment Center and Commerce
Zone place types.
As a result, staff concurs with the Planning Board recommendation and suggests the following motion:
I move to APPROVE the proposed rezoning to an RMF-L district. I find it to be CONSISTENT with the 2016
Comprehensive Plan because the project provides for the density and range of housing options recommended in the
General Residential place type. The project could also serve as a transition between adjacent industrial zoning and
adjacent low -density, single-family residential uses. I also find APPROVAL of the project is reasonable and in the
public interest because the proposal could accommodate residential uses that could support the nearby Employment
Center and Commerce Zone place types, with the following conditions:
Proposed Conditions:
1. The applicant provide bicycle and pedestrian connectivity between the multi -family phase development and the
single-family phased development.
2. No structure on the parcel shall exceed 45' in height and a maximum of 3 stories.
3. A declaration statement shall be recorded in the property's chain of title, at the New Hanover County Registry,
stating the property is in proximity to existing and future commercial and industrial activities that may result in noise,
vibration, and heavy vehicle traffic on area roadways, which activities may occur any time during the day or night. Such
declaration shall also be provided with all future leases.
Alternative Motion for Denial (If based on information presented at the public hearing or other consideration beyond
the scope of staff review, the Board finds denial appropriate.)
I move to DENY the proposed rezoning to Conditional RMF-L, district. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because the proposed density is in line with the residential housing
densities outlined for the General Residential place type, I find DENIAL of the rezoning request is reasonable and in
the public interest because the proposal will adversely impact existing and future non-residential development along an
industrialized corridor and would also result in the loss of industrially zoned land.
Board of Commissioners - August 7, 2023
ITEM: 9
ATTACHMENTS:
BOC Script
M3-12 BOC Staff Report
Z23-12 Zoning Map
Z23-12 Future Land Use Map
Z23-12 Mailout Map
Initial Application Co\,er Sheet
Application Materials
The Oasis Rezoning Plans
TA Approval Letter
TA Executi\,e Summary
Concept Plan Corer Sheet
The Oasis Concept Plan
Public Comment
Z23-12 Staff Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval with staff conditions.
COMMISSIONERS' ACTIONS:
Board of Commissioners - August 7, 2023
ITEM: 9
BOARD OF COMMISSIONERS SCRIPT
for Zoning Map Amendment Application (Z23-12)
Rezoning Request (Z23-12) — Request by William Block with Olympus Holding Company Castle I
Hayne, LLC, applicant, to rezone approximately 23.01 acres zoned 1-1, Light Industrial and
approximately 49.38 acres zoned 1-1 and R-15, Residential located at 5210 Holly Shelter Road and
5735 Blue Clay Road to (CZD) RMF-L, Residential Multi -Family — Low Density for a maximum of 521
residential units consisting of multi -family, attached, and detached residential dwelling units.
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 the proposed rezoning to an RMF-L district. I find it to be CONSISTENT
with the 2016 Comprehensive Plan because the project provides for the density and range of
housing options recommended in the General Residential place type. The project could also
serve as a transition between adjacent industrial zoning and adjacent low -density, single-
family residential uses. I also find APPROVAL of the project is reasonable and in the public
interest because the proposal could accommodate residential uses that could support the
nearby Employment Center and Commerce Zone place types, with the following conditions:
Proposed Conditions:
1. The applicant provide bicycle and pedestrian connectivity between the multi -family
phase development and the single-family phased development.
2. No structure on the parcel shall exceed 45' in height and a maximum of 3 stories.
3. A declaration statement shall be recorded in the property's chain of title, at the New
Hanover County Registry, stating the property is in proximity to existing and future
Board of Commissioners - August 7, 2023
ITEM: 9 - 1 - 1
commercial and industrial activities that may result in noise, vibration, and heavy vehicle
traffic on area roadways, which activities may occur any time during the day or night.
Such declaration shall also be provided with all future leases.
Alternative Motion for Denial (If based on information presented at the public hearing or other
consideration beyond the scope of staff review, the Board finds denial appropriate.)
I move to DENY the proposed rezoning to a Conditional RMF-L district. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed
density is in line with the residential housing densities outlined for the General Residential place
type, I find DENIAL of the rezoning request is reasonable and in the public interest because
the proposal will adversely impact existing and future non-residential development along an
industrialized corridor and would also result in the loss of industrially zoned land.
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]
I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest
because [insert reasons]
Board of Commissioners - August 7, 2023
ITEM: 9 - 1 - 2
STAFF REPORT FOR Z23-12
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z23-12
Request:
Rezoning to a Conditional RMF-L, Residential Multi -family Low Density District
Applicant:
Property Owner(s):
William Block, Olympus Holding Company Castle
Blue Tank LLC and Holly Tank LLC
Hayne LLC
Location:
Acreage:
5210 Holly Shelter Road and 5735 Blue Clay
72.39
Road
PID(s):
Comp Plan Place Type:
RO1 100-008-01 1-002 & RO1 100-008-010-
General Residential
000
Existing Land Use:
Proposed Land Use:
521 residential units comprised of multi -
Vacant Land
family, single-family attached and detached
units
Current Zoning:
Proposed Zoning:
1-1, Light Industrial District and R-15, Residential
(CZD) RMF-L, Conditional Residential Multi -
District
Family Low Density District
SURROUNDING AREA
LAND USE
ZONING
North
Heavy Industrial and undeveloped land
1-2
East
Heavy Industrial, Single -Family Residential
1-2, R-15
South
Single -Family Residential
R-15
West
FAA Navigational Tower
1-1
Z23-12 Staff Report BOC 8.7.2023
Page 1 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 1
ZONING HISTORY
July 7, 1972 Initially zoned I-1 and R-15 (Area 8A)
August 7, 2000 Portions of both parcels rezoned from R-15 to 1-1 in Z-708
COMMUNITY SERVICES
Water is available through CFPUA. CFPUA would require an on -site sewer
Water/Sewer
pump station with a force main. CFPUA and New Hanover County are
partnering on a proposed force main extension capital project along Holly
Shelter Road from 1-40 eastward to the future Holly Shelter business park.
Fire Protection
New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Castle Hayne Station
Schools
Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools
Recreation
Northern Regional Park, Riverside Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
No known conservation resources
Historic
No known historic resources
Archaeological
No known archaeological resources
Z23-1 2 Staff Report BOC 8.7.2023 Page 2 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 2
APPLICANT'S PROPOSED CONCEPTUAL PLAN
APAMMff MATE DME VM PAW10 CWN 9lGT,ON r MI&4ff fA ENN4p M%rTIDN —•^ mammwxowx
1 wm m.re , ws
NORTH
\ ..... TITIdL T74NM7�! 11iM17 DPfR11'0.Y ADAO :•..-.. J
\ ClgOS 2G�IgI1
Single -Family Attached and
+ / Detached Dwellings Phases
-a � 2, 3 & 4 Multi -Family Phase 1 �I I
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a,
(o
Amenity Spaces ]r I m H
10
e,
Blue Clay Road Access Points
Includes Staff Markups
• The proposed concept plan is for a maximum 521 dwelling units consisting of multi -family,
single-family attached and single-family detached units. It is currently anticipated that the
proposal will be developed over four phases. The multi -family phase will be located at the
corner of Holly Shelter and Blue Clay Road and total a maximum of 243 units, and three
phases of mixed single-family attached and detached dwellings on the southern parcel
totaling 278 units.
• Access for the multi -family component of the development is proposed from Blue Clay and
Holly Shelter while the remaining single-family units would be accessed from Blue Clay
Road. There is not vehicular connectivity between the multi -family and single-family
developments however a condition has been provided guaranteeing bicycle and pedestrian
interconnectivity.
• Both the multi -family and single-family portions of the project include stormwater, open
space, and designated amenities.
Z23-12 Staff Report BOC 8.7.2023 Page 3 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 3
ZONING CONSIDERATIONS
• The R-15 and 1-1 zoning districts in this area were established in 1971. At the time, the
purpose of the R-15 district was to ensure that housing served by private septic and wells
would be developed at low densities. The 1-1 zoning designation for this property reflected
the industrial uses already in existence at the time this area of the county was initially zoned.
• Portions of both of the parcels were rezoned from the original R-15 and I-1 zoning to the
current zoning in 2000 in rezoning case Z-708. With that approval, a 75' foot wide strip
of R-15 was left to serve as a buffer between the 1-1 district and the single-family
residential across the Blue Clay Road right-of-way.
• There has been a trend of parcels transitioning to denser residential districts in this portion
of the county, including parcels rezoned to R-5, Moderate -High Density and RMF-L districts
along Blue Clay Road, Dairy Farm Road, and Sidbury Road to the south.
• The purpose of the RMF-L district is to accommodate lands for moderate density single
family and low -density multi -family development of varying types and designs. The intent
is that the RMF-L district will provide options for alternative housing types near or in direct
relationship to single-family detached development with a range of housing options.
• The proposal has an overall density of 7.19 dwelling units per acre. The maximum allowed
density in the RMF-L district is 10 units per acre.
• Performance residential developments are subject to specific setback standards. Buildings
within a Performance Residential Development require a minimum setback of 20 feet from
an adjoining property line.
• The applicant has provided a condition restricting the maximum height of structures on the
parcel to not exceed 45' and no taller than 3 stories. Multi -family and nonresidential
structures of this height within an RMF district are subject to a 30-foot required setback when
abutting general residential zoned lots.
• Transitional buffers also serve as a mitigation method to limit impacts on adjacent uses.
Opaque buffers are required between more intense residential uses when adjacent to
parcels accommodating single-family detached and/or duplex dwelling units.
• For this type of development, set -aside dedicated open space must amount to at least 20
percent of the site. The site plans indicate that the dedicated open space exceeds this
required amount.
• If approved, the project would be subject to Technical Review Committee and zoning
compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
Z23-1 2 Staff Report BOC 8.7.2023
Page 4 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 4
AREA DEVELOPMENT ACTIVITY
—•••—STIP Project
Approved TIA
Subdivisions Under
Construction
0 Subject Site
Oasis RMF-L
O
Lake Pointe
Lake Pointe
Z23-12 Staff Report BOC 8.7.2023
Page 5 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 5
TRANSPORTATION
Site Access Apartment Access 1: e1teC�Roaa
Holly Shelter Road Ho,,y►Sh N
Apartment Access 2:.
"t T Holly Shelter Road
_ -- -~
t y
Townhome Access 1:
Blue Clay Road
LO
Townhome Access 2:
- Blue Clay Road
CURRENT CONDITIONS
69.46 acres of 1-1 Zoning
545,000 sq ft
Possible Intensity of
ITE Code 1 10
( )
the typical build out of a building
at 1 8% of the total site area
Current Zoning
2.94 acres of R-15 Zoning
7 Single-family Dwellings
(ITE Code 210)
PROPOSED ACCESS
Multi -family Phase
Single-family Phase
Primary Access
Holly Shelter Road
Blue Clay Road
Secondary Access
Blue Clay Road
-
Z23-1 2 Staff Report BOC 8.7.2023 Page 6 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 6
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway(s)
Holly Shelter Road and Blue Clay Road
Type of Roadway(s)
Holly Shelter Road — Major collector road
Blue Clay Road — Major collector road
Roadway Planning
Holly Shelter Road — 13,895
Capacity (AADT)
Blue Clay Road — 13,895
Latest Traffic Volume
Holly Shelter Road — 6,800 (2021)
(AADT)
Blue Clay Road — 2,100 (2021)
Latest WMPO Point -in -Time
Not available near subject parcel
County (DT)
Current Level of
Under Capacity
Congestion
Source of Planning Capacity: WMPO
Sources
Source of Latest Traffic Volumes: NCDOT (2021)
TRAFFIC GENERATION
Potential Traffic
Traffic Generated
Potential Impact
Generation at Current
by Proposed
of Proposed
Potential Build Out
Designation
Designation
AM Peak Hour Trips
408
237
-171
PM Peak Hour Trips
361
288
-73
Potential Current Zoning Build Out — 545,000 square feet of
General Industrial, the typical build out of a building at 18% of
the total site area within the 1-1 zoning district, and 7 single-
family dwellings, the typical development allowed within the R-
Assumptions
15 zoning district.
Proposed Development — 521 total residential units of which
243 are multi -family units, and 278 mixed single-family
attached and detached dwelling units.
Sources
WMPO & approved TIA
TRAFFIC IMPACT ANALYSIS (TIA)
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.
A team of NCDOT, WMPO, and County planning staff work with an applicant's traffic engineers
to develop the scope for the TIA, including the study area, the traffic data which must be collected,
trip distribution, and the developments and background traffic growth that must be analyzed.
This document is used to identify off -site transportation improvements required to mitigate the
impacts of the development and must be approved by the WMPO and NCDOT.
Approval Date
April 12, 2023
Z23-12 Staff Report BOC 8.7.2023
Page 7 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 7
Development Proposal
57 single family detached dwellings, 231 single-family attached
Analyzed
dwellings, and 240 multi -family housing (Mid -rise) units.
- Holly Shelter Road at 1-40 EB Ramps
- Holly Shelter Road at 1-40 WB Ramps
- Holly Shelter Road at Blue Clay Road
- Sidbury Road at Dairy Farm Road
Study Intersections
- Holly Shelter Road at Site Access #1
- Blue Clay Road at Site Access #2/Concrete Plant
- Blue Clay Road at Site Access #3/Kerry Drive
- Blue Clay Road at Site Access #4
- 253 AM peak hour trips
Trip Generation
- 288 PM peak hour trips
- 3,410 average daily trips
October 25, 2022
- 1-40 Michael Jordan Fwy On/Off-Ramp and Holly
Traffic Data Collection
Shelter Road
- Blue Clay Road at Holly Shelter Road
- Dairy Farm Road and Sidbury Road
- 5% to/from the North via 1-40
- 30% to/from the South via 1-40
Trip Distribution and
- 10% to/from the East via Holly Shelter Road
Assignment
- 10% to/from the East via Sidbury Road
- 20% to/from the West via Holly Shelter Road
- 25% to/from the West via Sidbury Road
Approved Developments &
- Growth Rate — 2% per year
Background Growth
- Signalize the intersection at 1-40 Eastbound Ramp at SR
1002 (Holly Shelter Road)
- At 1-40 Westbound Ramp and SR 1002 (Holly Shelter
Road), either signalize the intersection and provide
necessary coordination (recommended) or construct an
exclusive northbound right turn lane on 1-40 westbound
ramps, with 400 feet of storage, appropriate
Required Improvements
deceleration, and taper.
- At the intersection of SR 1002 (Holly Shelter Road) and
SR 2181 (Blue Clay Road), construct an eastbound right
turn lane on SR 1002 (Holly Shelter Road) with 100 feet
of storage, appropriate deceleration and taper and
construct an exclusive northbound right turn lane on SR
2181 (Blue Clay Road) with 100 feet of storage,
appropriate deceleration and taper.
Z23-1 2 Staff Report BOC 8.7.2023
Page 8 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 8
- At SR 1002 (Holly Shelter Road) and Site Access #1,
construct an eastbound right turn eastbound right turn
taper of 200 feet on SR 1002 (Holly Shelter Road),
construct site access (northbound approach) with an
internal protected stem of 50 feet, measured from the
right-of-way and with one ingress lane and one egress
lane, and provide stop controls for northbound
approach.
- At SR 2181 (Blue Clay Road) and Concrete Plant
Driveway/Site Access #2, construct site access
(eastbound approach) with an internal protected stem of
50 feet measured from the right-of-way, and with one
ingress lane and one egress lane, and provide stop
controls for eastbound approach.
- At SR 2181 (Blue Clay Road) and Concrete Plant
Driveway/Site Access #3, construct site access
(eastbound approach) with an internal protected stem of
50 feet measured from the right-of-way, and with one
ingress lane and one egress lane, and provide stop
controls for eastbound approach.
- At SR 2181 (Blue Clay Road) and Concrete Plant
Driveway/Site Access #4, construct site access
(eastbound approach) with an internal protected stem of
75 feet measured from the right-of-way, and with one
ingress lane and one egress lane, and provide stop
controls for eastbound approach.
SUMMARY
The proposed project is located along two NCDOT maintained roads, both of which are under
capacity. The applicant has had a TIA approved by the NCDOT and WMPO requiring several
roadway improvements, including signalization of a nearby intersection, the addition of new
turning lanes, and the lengthening of tapers and storage lanes. The subject site is in close proximity
to the 1-40 — Holly Shelter Road interchange and the future Holly Shelter Business Park, which are
expected to generate more commercial traffic once developed.
ENVIRONMENTAL
• The parcel is not located within a Special Flood Hazard Area.
• The entire site is within the Holly Shelter Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (moderate limitations), Class III (severe limitations), and Class IV
(unsuitable) soils.
• CFPUA and New Hanover County are partnering on a proposed force main extension
capital project along Holly Shelter Road from 1-40 eastward to the future Holly Shelter
business park.
Z23-1 2 Staff Report BOC 8.7.2023
Page 9 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 9
OTHER CONSIDERATIONS
Schools
• Students living in the proposed development would be assigned to Castle Hayne
Elementary School, Holly Shelter Middle, and Laney High School. Students may apply to
attend public magnet, year-round elementary, or specialty high schools.
A maximum of 7 dwelling units would be permitted under the current R-15 zoning density,
and 521 units could potentially be developed under the proposed zoning for an increase
of 514 dwelling units.
Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in an increase of approximately 1 13 more students than the number of
students who are estimated to be already generated under the 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 New Hanover
County Schools Facility Needs Study.
Development Type
Intensity
Estimated Student Generation
Existing Development
Undeveloped
Total: 0
(0 elementary, 0 middle, 0 high
Typical Development
7 residential units
Total: 2
under Current Zoning
(1 elementary, 0 middle, 0 high)
Potential Development
Total: 1 15
under Proposed Zoning
521 residential units
(47 elementary, 26 middle, 36 high)
District
*The current general student generation rate was calculated by dividing the New Hanover County public school student
enrollment for the 2022-2023 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 0.07 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.
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.
Z23-12 Staff Report BOC 8.7.2023
Page 10 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 10
School Enrollment* and Capacity** (2022-2023 School Year)
Projected
Capacity of
Funded or
Total
Enrollment
Assigned
Capacity of
Planned
Level
NHC
School
of
School
Assigned School
Capacity
Capacity
Assignment
w/Portables
Upgrades
School
Elementary
91 %
Castle
422
523
81 %
None
Hayne
Middle
92%
Holly
851
991
86%
None
Shelter
High
1 99%
Laney
1 2214
1941
114%
None
*Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year.
**Capacity calculations were determined based on the capacities for the 2022-2023 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 2021 facility needs survey 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 RMF-L conditional zoning district (CZD) would allow for an increase in housing
diversity.
• The predominant housing type in the area is single family detached at 76%. Under the
proposed RMF-L district the site would allow for multi -family attached (apartments), and
single family attached (townhomes) and increase housing type diversity by reducing the
percentage of single family detached (76% to 60%) and increasing the percentage of
multi -family units (0% to 10%) and single family attached units (9% to 18%).
• The subject property is located in the Castle Hayne community area, where 29% 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.). Under the proposed RMF-
L district and because the number of proposed units would be beyond one -mile of current
basic goods and services, the number of residences within one -mile of goods and services
would decrease to 26%.
Z23-12 Staff Report BOC 8.7.2023
Page 11 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 11
Existing Conditions
Holly Shelter Road looking east
Subject site from Blue Clay Road
Z23-12 Staff Report BOC 8.7.2023
Holly Shelter Road looking west
Concrete plant across Blue Clay Road
Page 12 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 12
Representative Developments
Representative Developments of 1-1 (Existing ZoninglLand UseL-
Light Industrial within Dutch Square
Light Industrial within the N Kerr Business Park
Z23-12 Staff Report BOC 8.7.2023
Page 13 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 13
Representative Developments
Representative Development of R-15 (Existing ZonincilLand Used
Clay Crossing
Z23-1 2 Staff Report BOC 8.7.2023
Page 14 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 14
Representative Developments
Representative Developments of Single-family Attached & Multi -family Developments (Proposed
Land Use
Woodlands of Echo Farms (City of Wilmington)
Stephen's Pointe
Z23-12 Staff Report BOC 8.7.2023 Page 15 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 15
Context and Compatibility
• The subject property is located at 5210 Holly Shelter Road and 5735 Blue Clay Road. Both
roadways are NCDOT maintained major collector roads.
• 1-1 Light Industrial, 1-2 Heavy Industrial, and R-15 Residential zoning surround the immediate
site, and B-2 zoning exists at the 1-40 and Holly Shelter Road interchange.
• The subject site is located adjacent to existing industrial uses, with heavy industrial located
across Blue Clay Road and Holly Shelter Road. Other heavy industrial uses exist to the east
and utilize Holly Shelter Road as their access point.
• The proposal is located within one mile of a County invested business development, the
future Holly Shelter Business Park. This development is expected to generate an increase in
industrial and commercial traffic along the Holly Shelter Road corridor.
• The development could serve as a transition between the industrial zoning to the north and
west from the single-family residential parcels to the south and east.
• The subject site is located just east of the 1-40 — Holly Shelter Road interchange, an area
that is primarily zoned for commercial development. This proposal could provide for housing
that could support future commercial and industrial development within the area.
• The applicant has designated buffering between the proposal and the existing single-family
dwellings to the east and south.
• An additional condition developed in conjunction with the applicant and County Attorney's
office has been included with this request requiring a disclosure to future owners and
residents of the potential impacts from nearby existing and future commercial and industrial
development.
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.
Z23-12 Staff Report BOC 8.7.2023
Page 16 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 16
Future Land Use
General Residential
Map Place Type
Focuses on small-scale, lower density housing, associated civic and limited
Place Type
commercial services development that enhances neighborhood character.
Description
Types of appropriate uses include single-family residential, low -density
multi -family residential, light commercial, civic, and recreational projects.
The subject property is in the northern portion of the county, located along
Holly Shelter Road between the 1-40 access ramps and Blue Clay Road.
Zoning along and directly off of this corridor includes a mix of residential
uses, commercial zoning, and industrial zoning. Residential development
patterns within the general area have progressively changed with more
moderate densities.
The General Residential place type provides opportunities for low to
moderate density housing. While the proposed RMF-L district allows for a
maximum of 10 dwelling units/acre, which is higher than the density range
recommended for the General Residential place type (approximately 8
units/acre), the proposed development has a density of 7.19 dwellings
units/acre. This density is generally consistent with the density range of the
place type.
Analysis
The General Residential place type provides for a range of housing types
and opportunities for households of different sizes and income. Development
within this place type accommodates residential developments that can
support commercial and industrial developments that are associated and
promoted within other place types, such as the Employment Center and
Commerce Zone place types.
Along with the preferred density range, the proposal promotes the uses
recommended within the General Residential place type and supports the
Comprehensive Plan's goal to provide for a range of housing types and
opportunities for households of different sizes and income. The subject site
is located between areas designated as Employment Center and Commerce
Zone place types. The proposed rezoning would accommodate residential
developments that could support commercial and industrial developments
that are anticipated within these place types and is in line with the existing
residential development on nearby parcels.
The proposed RMF-L rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the project provides for the density and range
Consistency
of housing options recommended in the General Residential place type.
Recommendation
Furthermore, the housing types permitted by the proposed rezoning offer
diverse housing options that could support commercial and industrial
developments anticipated within the nearby Employment Center and
Commerce Zone place types.
Z23-1 2 Staff Report BOC 8.7.2023
Page 17 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 17
PLANNING BOARD MEETING
The Planning Board considered this application at the July 6, 2023 meeting. One member of the
public representing a neighboring industrial use spoke in opposition citing concerns with the
proximity and compatibility of residential development near existing industrial development. The
Planning Board voted unanimously (5-0) to recommend approval of the petition with the following
conditions:
Proposed Conditions:
1. The applicant provide bicycle and pedestrian connectivity between the multi -family
phase development and the single-family phased development.
2. No structure on the parcel shall exceed 45' in height and a maximum of 3 stories.
3. A declaration statement shall be recorded in the property's chain of title, at the New
Hanover County Registry, stating the property is in proximity to existing and future
commercial and industrial activities that may result in noise, vibration, and heavy vehicle
traffic on area roadways, which activities may occur any time during the day or night.
Such declaration shall also be provided with all future leases.
The Planning Board found the application to be CONSISTENT with the purposes and intent of the
Comprehensive Plan because the project provides for the density and range of housing options
recommended in the General Residential place type. The project could also serve as a transition
between adjacent industrial zoning and adjacent low -density, single-family residential uses.
The Planning Board also found RECOMMENDING APPROVAL of the rezoning request was
reasonable and in the public interest because the proposal could accommodate residential uses that
could support the nearby Employment Center and Commerce Zone place types.
STAFF RECOMMENDATION
Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review.
The project promotes the uses recommended within the General Residential place type and supports
the Comprehensive Plan's goal to provide a range of housing types and opportunities for households
of different sizes and income. The proposed residential development could also support commercial
and industrial developments anticipated in the area.
As a result, staff concurs with the Planning Board recommendation and suggests the following
motion:
I move to APPROVE the proposed rezoning to an RMF-L district. I find it to be
CONSISTENT with the 2016 Comprehensive Plan because the project provides for the
density and range of housing options recommended in the General Residential place
type. The project could also serve as a transition between adjacent industrial zoning
and adjacent low -density, single-family residential uses. I also find APPROVAL of the
project is reasonable and in the public interest because the proposal could
Z23-1 2 Staff Report BOC 8.7.2023 Page 18 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 18
accommodate residential uses that could support the nearby Employment Center and
Commerce Zone place types, with the following conditions:
Proposed Conditions:
1. The applicant provide bicycle and pedestrian connectivity between the multi-
family phase development and the single-family phased development.
2. No structure on the parcel shall exceed 45' in height and a maximum of 3
stories.
3. A declaration statement shall be recorded in the property's chain of title, at the
New Hanover County Registry, stating the property is in proximity to existing
and future commercial and industrial activities that may result in noise, vibration,
and heavy vehicle traffic on area roadways, which activities may occur any
time during the day or night. Such declaration shall also be provided with all
future leases.
Alternative Motion for Denial (If based on information presented at the public hearing or other
consideration beyond the scope of staff review, the Board finds denial appropriate.)
I move to DENY the proposed rezoning to a Conditional RMF-L district. While I find it
to be CONSISTENT with the purposes and intent of the Comprehensive Plan because
the proposed density is in line with the residential housing densities outlined for the
General Residential place type, I find DENIAL of the rezoning request is reasonable
and in the public interest because the proposal will adversely impact existing and future
non-residential development along an industrialized corridor and would also result in
the loss of industrially zoned land.
Z23-12 Staff Report BOC 8.7.2023
Page 19 of 19
Board of Commissioners - August 7, 2023
ITEM: 9 - 2 - 19
Case: Site Address: Existing Zoning/Use:
Z23-12 5210 Holly Shelter Rd & R-15 & 1-1
5735 Blue Clay Road
A��
J
�O
c9� -
Future Land Use
COMMERCE ZONE
EMPLOYMENT CENTER
GENERAL RESIDENTIAL
COMMUNITY MIXED USE
CONSERVATION
Z23-12
kil
0
n
. 6 '
Proposed Zoning/Use:
RMF-L
New Hanover Co
r
jk
!I,
r
F
Initial Application
Documents & Materials
Board of Commissioners - August 7, 2023
ITEM: 9 - 6 - 1
Docu&gn Envelope ID: 2E91EC8E-A76E-40DF-AE90-F2DF3641ADOA
NEW HANOVER COUNTY
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 1 10
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.
(Optional)
Pre -Application,'
Conference
i
---
1. Applicant and Property Owner Information
Applicant/Agent Name
Owner Name (if different from Applicant/Agent)
William Block
Blue Tank LLC
Company
Company/Owner Name 2
Olympus Holding Company Castle Hayne, LLC
Address
Address
4 Percy Street
24 Backfn Pt
City, State, Zip
City, State, Zip
Charleston, SC 29403
Wilmington, NC 28411
Phone 910-791-6707
Phone
Consultant: Paramounte Engineering
Email
Email
aengebretson@paramounte-eng.com
Board of Commissioners - August 7, 2023
ITEM: 9- 7- 1 Page 1 of 6
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: 2E91EC8E-A76E-40DF-AE90-F2DF3641ADOA
2. Subject Property Information
Address/Location 5210 Holly Shelter Rd; 5735 Blue Clay Rd
Parcel Identification Number(s) R01100-008-011-002
Castle Hayne, NC 28429
R01100-008-010-000
Total Parcel(s) Acreage + 23.01
Existing Zoning and Use(s)
Future Land Use Classification
ac
± 49.38 ac
1-1 & R-15; Vacant Land
General Residential
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: RMF-L I Total Acreage of Proposed District: ± 72.39 ac I
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.
See Attached
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.
See Attached
Board of Commissioners - August 7, 2023 Page 2 of 6
ITEM: 9 - 7-C2onditional Zoning District Application — Updated 02-2022
Docu&gn Envelope ID: 2E91ECSE-A76E-40DF-AE90-F2DF3641ADDA
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 (TEA) must be completed for
all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this
application.
See Attached
ITE Land Use:
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: I 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.
See Attached
Board of Commissioners - August 7, 2023
ITEM: 9- 7- 3 Page 3 of 6
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: 2E91EC8E-A76E-40DF-AE90-F2DF3641ADOA
2. Flow would the requested Conditional Zoning district be consistent with the property's classification on the
2016 Comprehensive Plan's Future land Use Map.
See Attached
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
Board of Commissioners - August 7, 2023 Page 4 of 6
ITEM: 9 - 7 - 4
Conditional Zoning District Application -- Updated 02-2022
DocuSign Envelope 0: 2E91EC8E-A76E•40DF-AE90-F2DF3641ADOA
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 Ap icaRf Initial
This application form, completed and signed
Application fee:
• $600 for 5 acres or less
• $700 for more than 5 acres DS
• $300 in addition to base fee for applications requiring TRC review
Community meeting written summary
n Traffic impact analysis (if applicable)
• The official TIA approval letter is recommended prior to this item being
placed on the Planning Board meeting agenda. The Planning Board may
choose to continue the hearing until the official TIA approval letter is provided.
DS
• The official TIA approval letter is required prior to this item being placed on 515the Board of Commissioners meeting agenda.
I Legal description (by metes and bounds) or recorded survey Map Book and Page
Reference of the property requested for rezoning
7 Conceptual Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
• Proposed use of land, building areas and other improvements
13 For residential uses, include the maximum number, height, and type
of units; area to be occupied by the structures; and/or proposed
subdivision boundaries.
C For non-residential uses, include the maximum square footage and
height of each structure, an outline of the area structures will occupy,
and the specific purposes for which the structures will be used.
• Proposed transportation and parking improvements; including proposed
rights -of -way and roadways; proposed access to and from the subject site;
arrangement and access provisions for parking areas.
• All existing and proposed easements, required setbacks, rights -of -way, and
buffers.
• The location of Special Flood Hazard Areas.
• A narrative of the existing vegetation on the subject site including the
approximate location, species, and size (DBH) of regulated trees. For site
less than 5 acres, the exact location, species, and sized (DBH) of specimen
trees must be included.
• Approximate location and type of stormwoter management facilities
intended to serve the site.
• Approximate location of regulated wetlands.
• Any additional conditions and requirements that represent greater restrictions
on development and use of the tract than the corresponding general use
district regulations or additional limitations on land that may be regulated by
state law or local ordinance
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
Board of Commissioners - August 7, 2023
ITEM: 9- 7- 5 Page 5 of 6
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: 2E91EC8E-A76E-40DF-AE90-F2DF3641ADOA
7. Acknowledgement and Signatures
By my signature below, I understand and accept all of the conditions, limitations, and obligations of the
Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is
presumed to be correct. I certify that this application is complete and that all information presented in this
application is accurate to the best of my knowledge, information, and belief.
If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions
on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on
my behalf to:
1. Submit an application including all required supplemental information and materials;
2. Appear at public hearings to give representation and comments;
3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with
or arising out of this application; and
4. Provide written consent to any and all conditions of approval.
I', �' 26/20:
�' l�St�aY_
Signature of Prop*" Own*r(s)
��I
Docu Signed by:
(AWM I"".&
Signature of Applicant/Agent
r i( i.r M. Roserryr
Print Name(s)
william Block
Print Name
Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is
required for each owner of record.
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice
has been sent to the newspaper, the item will be colendared for the next meeting and no fee will be required. If delay is
requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are
under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee
schedule as published on the New Hanover County Planning websife will be required.
Board of Commissioners - August 7, 2023
ITEM: 9- 7- 6 Page 6 of 6
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: A292A26F-59AE-4517.87A2-6D16528320E2
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.
1. Applicant and Property Owner Information
Applicant/Agent Name
Owner Name (if different from Applicant/Agent)
William Block
Holly Tank LLC
Company
Company/Owner Name 2
Olympus Hoping Company Castle Hayne, LLC
Address
Address
4 Percy Street
24 Backfin Pt
City, State, Zip
City, State, Zip
Charleston, SC 29403
Wilmington, NC 28411
Phone 910-791-6707
Phone
Consultant: Paramounte Engineering
Email
Email
aengehretson aaparamounte-eng.com
Board of Commissioners - August 7, 2023
ITEM: 9- 7- 7 Page 1 of 6
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: 2E91EC8E-A76E-40DF-AE90-F2DF3641ADOA
2. Subject Property Information
Address/Location 5210 Holly Shelter Rd; 5735 Blue Clay Rd
Parcel Identification Number(s) R01100-008-011-002
Castle Hayne, NC 28429
R01100-008-010-000
Total Parcel(s) Acreage + 23.01
Existing Zoning and Use(s)
Future Land Use Classification
ac
± 49.38 ac
1-1 & R-15; Vacant Land
General Residential
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: RMF-L I Total Acreage of Proposed District: ± 72.39 ac I
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.
See Attached
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.
See Attached
Board of Commissioners - August 7, 2023 Page 2 of 6
ITEM: 9 - 7 -conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: A292A26F-59AE-4517-87A2-6D16528320E2
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 Attached
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: I 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.
See Attached
Board of Commissioners - August 7, 2023
ITEM: 9- 7- 9 Page 3 of 5
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: A292A26F-69AE-4517-87A2-6D16528320E2
2. How would the requested Conditional Zoning district be consistent with the property's classification on the
2016 Comprehensive Plan's Future Land Use Map.
See Attached
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
Board of Commissioners - August 7, 2023 page 4 of 6
ITEM: 9 - 7 - 10
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: A292A26F-59AE-4517-87A2-6D1652832OE2
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
] This application form, completed and signed
i7 Application fee:
• $600 for 5 acres or less
• $700 for more than 5 acres
• $300 in addition to base fee for applications requiring TRC review
t Community meeting written summary
Traffic impact analysis (if applicable)
• The official TIA approval letter is recommended prior to this item being
placed on the Planning Board meeting agenda. The Planning Board may
choose to continue the hearing until the official TIA approval letter is provided.
Ap,4kaM Initial
LP f2
• The official TIA approval letter is required prior to this item being placed on os
the Board of Commissioners meeting agenda. F�J5
Legal description (by metes and bounds) or recorded survey Map Book and Page NJ
os
Reference of the property requested for rezoning
7 Conceptual Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
• Proposed use of land, building areas and other improvements
o For residential uses, include the maximum number, height, and type
of units; area to be occupied by the structures; and/or proposed
subdivision boundaries.
o For non-residential uses, include the maximum square footage and
height of each structure, an outline of the area structures will occupy,
and the specific purposes for which the structures will be used.
• Proposed transportation and parking improvements; including proposed
rights -of -way and roadways; proposed access to and from the subject site;
arrangement and access provisions for parking areas.
• All existing and proposed easements, required setbacks, rights -of -way, and
buffers.
• The location of Special Flood Hazard Areas.
• A narrative of the existing vegetation on the subject site including the
approximate location, species, and size (DBH) of regulated trees. For site
less than 5 acres, the exact location, species, and sized (DSH) of specimen
trees must be included.
• Approximate location and type of stormwoter management facilities
intended to serve the site.
• Approximate location of regulated wetlands.
• Any additional conditions and requirements that represent greater restrictions
on development and use of the tract than the corresponding general use
district regulations or additional limitations on land that may be regulated by
state law or local ordinance
U 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 11 ) digital PDF copy of ALL documents AND plans
Board of Commissioners - August 7, 2023 Page 5 of 6
ITEM: 9 - 7 - 11
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: A292A26F-59AE-4517-87A2-6D16528320E2
7. Acknowledgement and Signatures
By my signature below, I understand and accept all of the conditions, limitations, and obligations of the
Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is
presumed to be correct. I certify that this application is complete and that all information presented in this
application is accurate to the best of my knowledge, information, and belief.
If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions
on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on
my behalf to:
1. Submit an application including all required supplemental information and materials;
2. Appear at public hearings to give representation and comments;
3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with
or arising out of this application; and
,Provide written consent to any and all cauM loos of approval.
Fdr.ftA. 9l _ Y 26/2023 Patric is M. Roscrrar
r�tMrt
Signature of Property Owner(s) Print Name(s)
U
F�&.
Docusigned�JWby:
, &
Signature of App�icanf/Agent
william Block
Print Name
Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is
required for each owner of record.
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice
has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is
requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are
under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee
schedule as published on the New Hanover County Planning website will be required.
Board of Commissioners - August 7, 2023
ITEM: 9 - 7 - 12 Page b of b
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: A292A26F-59AE-4517.87A2-6D16528320E2
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.
1. Applicant and Property Owner Information
Applicant/Agent Name
Owner Name (if different from Applicant/Agent)
William Block
Holly Tank LLC
Company
Company/Owner Name 2
Olympus Hoping Company Castle Hayne, LLC
Address
Address
4 Percy Street
24 Backfin Pt
City, State, Zip
City, State, Zip
Charleston, SC 29403
Wilmington, NC 28411
Phone 910-791-6707
Phone
Consultant: Paramounte Engineering
Email
Email
aengehretson aaparamounte-eng.com
Board of Commissioners - August 7, 2023
ITEM: 9 - 7 - 13 Page 1 of 6
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: 2E91EC8E-A76E-40DF-AE90-F2DF3641ADOA
2. Subject Property Information
Address/Location 5210 Holly Shelter Rd; 5735 Blue Clay Rd
Parcel Identification Number(s) R01100-008-011-002
Castle Hayne, NC 28429
R01100-008-010-000
Total Parcel(s) Acreage + 23.01
Existing Zoning and Use(s)
Future Land Use Classification
ac
± 49.38 ac
1-1 & R-15; Vacant Land
General Residential
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: RMF-L I Total Acreage of Proposed District: ± 72.39 ac I
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.
See Attached
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.
See Attached
Board of Commissioners - August 7, 2023 Page 2 of 6
ITEM: 9 - 7-C1o4nditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: A292A26F-59AE-4517-87A2-6D16528320E2
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 Attached
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: I 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.
See Attached
Board of Commissioners - August 7, 2023
ITEM: 9 - 7 - 15 Page 3 of 5
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: A292A26F-69AE-4517-87A2-6D16528320E2
2. How would the requested Conditional Zoning district be consistent with the property's classification on the
2016 Comprehensive Plan's Future Land Use Map.
See Attached
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
Board of Commissioners - August 7, 2023 page 4 of 6
ITEM: 9 - 7 - 16
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: A292A26F-59AE-4517-87A2-6D1652832OE2
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
] This application form, completed and signed
i7 Application fee:
• $600 for 5 acres or less
• $700 for more than 5 acres
• $300 in addition to base fee for applications requiring TRC review
t Community meeting written summary
Traffic impact analysis (if applicable)
• The official TIA approval letter is recommended prior to this item being
placed on the Planning Board meeting agenda. The Planning Board may
choose to continue the hearing until the official TIA approval letter is provided.
Ap,4kaM Initial
LP f2
• The official TIA approval letter is required prior to this item being placed on os
the Board of Commissioners meeting agenda. F�J5
Legal description (by metes and bounds) or recorded survey Map Book and Page NJ
os
Reference of the property requested for rezoning
7 Conceptual Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
• Proposed use of land, building areas and other improvements
o For residential uses, include the maximum number, height, and type
of units; area to be occupied by the structures; and/or proposed
subdivision boundaries.
o For non-residential uses, include the maximum square footage and
height of each structure, an outline of the area structures will occupy,
and the specific purposes for which the structures will be used.
• Proposed transportation and parking improvements; including proposed
rights -of -way and roadways; proposed access to and from the subject site;
arrangement and access provisions for parking areas.
• All existing and proposed easements, required setbacks, rights -of -way, and
buffers.
• The location of Special Flood Hazard Areas.
• A narrative of the existing vegetation on the subject site including the
approximate location, species, and size (DBH) of regulated trees. For site
less than 5 acres, the exact location, species, and sized (DSH) of specimen
trees must be included.
• Approximate location and type of stormwoter management facilities
intended to serve the site.
• Approximate location of regulated wetlands.
• Any additional conditions and requirements that represent greater restrictions
on development and use of the tract than the corresponding general use
district regulations or additional limitations on land that may be regulated by
state law or local ordinance
U 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 11 ) digital PDF copy of ALL documents AND plans
Board of Commissioners - August 7, 2023 Page 5 of 6
ITEM: 9 - 7 - 17
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: A292A26F-59AE-4517-87A2-6D16528320E2
7. Acknowledgement and Signatures
By my signature below, I understand and accept all of the conditions, limitations, and obligations of the
Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is
presumed to be correct. I certify that this application is complete and that all information presented in this
application is accurate to the best of my knowledge, information, and belief.
If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions
on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on
my behalf to:
1. Submit an application including all required supplemental information and materials;
2. Appear at public hearings to give representation and comments;
3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with
or arising out of this application; and
,Provide written consent to any and all cauM loos of approval.
Fdr.ftA. 9l _ Y 26/2023 Patric is M. Roscrrar
r�tMrt
Signature of Property Owner(s) Print Name(s)
U
F�&.
Docusigned�JWby:
, &
Signature of App�icanf/Agent
william Block
Print Name
Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is
required for each owner of record.
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice
has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is
requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are
under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee
schedule as published on the New Hanover County Planning website will be required.
Board of Commissioners - August 7, 2023
ITEM: 9 - 7 - 18 Page b of b
Conditional Zoning District Application — Updated 02-2022
DocuSign Envelope ID: E76E5BF8-47F9-47A3-BAC4-68DBFB566D2B
Print Form
NEW HANGER COUNTY
PLANNING S& LAND USE
A UTHO, ITY F'OR
APPOINTMENT OF'AGENT
230 Government Center Drive
Suite 110
Wilmington, NC 28403
910-798-7165 phone
910-798-7053 fax
www.nhcgov.com
Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for
the case at the public hearing.
The undersigned owner does hereby appoint an authorized the agent dcscribcd heroin as their exclusive agcnt
for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or
an appeal of Staff decisions applicable to the property described in the attached pctition. The Agent is hereby
authorized to, on behalf of the property owner:
1. Submit a proper pctition and the rcquircd supplemental information and matcrials
2. Appeal at public meetings to give representation and commitments on behalf of the property owner
3. Act on the property owner's behalf without limitations with regard to any and all things directly or
indircctly conncctcd with or arising out of any pctition applicable to the Ncw Hanover County Zoning
Ordinance.
Agent Information
Property Owner(s)
Subject Property
'game
owner Name
Address 5210 Holly Shelter Rd;
William Block
Holly Tank LLG
5735 Blue Clay Rd
Company
Owner Name 2
City, state, Zip
Olympus Holding Company Castle Hayne, LLC
Blue Tank LLC
Castle Hayne, NC 28429
Address
Address
Parcel ID
4 Percy Street
24 Backtin Pt
R01100-008-011-002
City, State, lip
Cite, State, Zip
R01100-008-010-000
Charleston, SC 29403
Wilmirgton, NC 28411
Phone
Phone
910.791.6707
Email
Enriil
aengebretson[7a paramounte-eng.com
Application Tracldng Taformation
(Staff Only)
Case Number Reference:
DatelTime received;
Received by:
This document was willfully executed on the day of
ErDocuSigned by:
ahV (A'& At. I�MUMaVu
)MFNZFA13aS1 [21l;1t LI l'C
4/26/2023
Owner 2 Si -nature
, 20
Board of Commissioners - August 7, 2023
ITEM: 9 - 7 - 19 09 l4
DocuSign Envelope ID: E76E5BF8-47F9-47A3-BAC4-68DBFB566D2B
Print Form
NEW HANGER COUNTY
PLANNING S& LAND USE
A UTHO, ITY F'OR
APPOINTMENT OF'AGENT
230 Government Center Drive
Suite 110
Wilmington, NC 28403
910-798-7165 phone
910-798-7053 fax
www.nhcgov.com
Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for
the case at the public hearing.
The undersigned owner does hereby appoint an authorized the agent described heroin as their exclusive agent
for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or
an appeal of Staff decisions applicable to the property described in the attached pctition. The Agent is hereby
authorized to, on behalf of the property owner:
1. Submit a proper pctition and the rcquircd supplemental information and matcrials
2. Appeal at public meetings to give representation and commitments on behalf of the property owner
3. Act on the property owner's behalf without limitations with regard to any and all things directly or
indircctly conncctcd with or arising out of any pctition applicable to the New Hanover County Zoning
Ordinance.
Agent Information
Property Owner(s)
Subject Property
'game
owner Name
Address 5210 Holly Shelter Rd;
Paramounte Engineering, Inc.
Holly Tank LLG
5735 Blue Clay Rd
Company
Owner Name 2
City, State, Zip
Paramounte Engineering, Inc.
Blue Tank LLC
Castle Hayne: NC 28429
:'address
Address
Parcel ID
122 Cinema Drive
24 Backtin Pt
R01100-008-011-002
Citv, state, Zip
Cite, State, Zip
R01100-008-010-000
Wilmington, NG 28403
Wilmington, NC 28411
Phone
Phone
910.791.6707
Email
Enriil
aengebretson[7a paramounte-eng.com
Application Tracldng Taformation
(Staff Only)
Case Number Reference:
DatelTime received;
Received by:
This document was willfully executed on the day of
DocuSigned by:
pafViGia dot,. F6 ,WMA,
apEV8AD 34
wl�er 1Clattiie
4/26/2023
Owner 2 Signature
, 20
Board of Commissioners - August 7, 2023
ITEM: 9 - 7 - 20 09 l4
PARAMOUNTE
E N G I " E E fZ I N G, 1 N C.
Supplemental Application Information
Proposed Conditional Rezoning by Olympus Holding Company Castle Hayne, LLC
New Hanover County Parcels R01 100-008-01 1-002 & R01 100-008-010-000
(Approx. 72.4 acres located at the intersection of Holly Shelter Road and Blue Clay Road)
3. Proposed Zoning, Use(s), & Narrative
Please list the uses that will be allowed within the proposed Conditional Zoning District, the
purpose of the district, and a project narrative.
The proposed conditional zoning would allow the subject parcel to be developed with
a mixture of townhomes and multi -family units consisting of a maximum of 521 units.
The existing zoning is split between 1-1 Industrial and small portion R-15 residential
along Blue Clay Road. 243 multi -family units are proposed near to the corner of
Holly Shelter Road and Blue Clay Road with a primary site access located on Holly
Shelter away from the intersection of Blue Clay Road. A proposed secondary
apartment access is located at Blue Clay Road across from the S&W Ready Mix site.
while the townhomes are located further south on Blue Clay Road closer to existing
housing.
The conditional rezoning plan depicts townhomes with four or more attached units, and
current market conditions indicate this is how the project will remain. However, the
applicant requests the ability to mix the residential types outside of the apartments.
RMF-L allows multiple residential product types including single family, duplex, triplex
and quadraplex as well as townhomes/rowhouses. We request the ability to provide
a mixture of units for the 278 units proposed outside of the apartment area in
accordance with the residential types allowed in RMF-L. The applicant understands
that any change in unit mix will require review by New Hanover County Planning staff
to assure compliance with the rezoning plan and by NCDOT/WMPO to assure the
proposed project is still compliant with the Traffic Impact Analysis as approved or
revised as needed. Major changes to the plan will require a new submittal to New
Hanover County Planning
The site is currently zoned for industrial use and a small portion along Blue Clay Road
is zoned R15 for residential use. The proposed mixed residential zoning would be
more compatible with existing homes on Blue Clay Road and would also be aligned
with the General Residential place type applied to this area by the Comprehensive
Plan. The Holly Shelter corridor near the site currently has a mixture of uses including
industrial and more intensive uses before stepping down to the less intense business and
residential uses along Blue Clay Road. Keeping with the existing development pattern,
we propose clustering the apartments along Holly Shelter thereby creating a transition
from the more intense zoning use along Holly Shelter to the less intense residential
portion of our project along Blue Clay Road.
1 2 2 C I N E M A D R I V E, WILIVII N G T ❑ N, N C 2 6 40 3
F H ( 9 1 D) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 ❑
Board of Commissioners - August 7, 2023
ITEM: 9 - 7 - 21
A TIA was completed for the proposed development and approved by the WMPO
and NCDOT. The notable required roadway improvements include signalizing Holly
Shelter Road at the I-40 interchange and installing new turn lanes at the Holly Shelter
Road and Blue Clay Road intersection.
4. Proposed Conditions)
The development will be built in accordance with the conditional rezoning plan, the
UDO, and any approved modifications to the plan.
5. Traffic Impact
*See provided Traffic Impact Analysis
6. Conditional Zoning District Considerations
1. How would the requested change be consistent with the County's policies for growth and
development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.
The proposal will help provide and increase the range of housing options in northern
New Hanover County, consistent with the policies of the Comprehensive Plan. The
subject site is also accessed by major collector roadways and is in close proximity to
Castle Hayne, 1-40, and educational facilities (Castle Hayne Elementary, Holly Shelter
Middle, and CFCC). The proposed density is consistent with the recommendations of
the General Residential place type. Lastly, the design of the development would
concentrate the density in multi -family structures adjacent Holly Shelter Road closer to
areas classified as Community Mixed Use on the Future Land Use Map. The proposed
townhomes are closer to the existing residential homes on Blue Clay Road.
2. How would the requested Conditional Zoning district be consistent with the property's
classification on the 2016 Comprehensive Plan's Future Land Use Map.
The subject site is classified as General Residential on the Future Land Use Map. This
classification promotes lower density residential (less than 8 du/ac) and associated civic
and commercial services. The proposed conditional RMF-L (Residential Multi -Family
Low Density) district would be limited to a maximum of 521 units (7.2 du/ac) and thus
consistent with the density recommendation of the General Residential place type. The
proposed multi -family structures are located along Holly Shelter Road, closer to areas
classified as Community Mixed Use.
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?
With the adoption of the 2016 Comprehensive Plan, the subject site was classified as
General Residential which promotes residential development not to exceed 8 du/ac. In
addition, New Hanover County has approved plans to extend utility services down
Holly Shelter Road in order to support future development of the corridor.
1 2 2 C I N E M A D R I V E, W I L M I N G T❑ N, N C 2 6 40 3
P H ( 9 1 D) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 ❑
Board of Commissioners - August 7, 2023
ITEM: 9 - 7 - 22
PARAMOUNTE
E N G I " E E fZ I N G, 1 N C.
Community Meeting Report
Proposed Conditional Rezoning by Stout Operating Firm, LLC
New Hanover County Parcels R01 100-008-01 1-002 & R01 100-008-010-000
(Approx. 72.4 acres located at the intersection of Holly Shelter Road and Blue Clay Road)
Notice of the meeting was mailed to all property owners within 500 feet of the subject parcels
as listed on the New Hanover County tax records. The meeting was held on Thursday, March
9Th from 6:00-7:00pm at Spiffy On -Demand Car Care, 5656 Barbados Blvd. #160, Castle
Hayne, NC 28429.
The following items are attached:
1. A list of the adjacent property owners to whom written notice was mailed; and
2. A copy of the written notice.
On behalf of the applicant, representatives from Stout Operating Firm, LLC (Now Olympus
Holding Company Castle Hayne, LLC) and Paramounte Engineering, Inc. were in attendance.
No one from the public attended the meeting, therefore no questions or concerns regarding the
proposal were discussed.
During a site visit by Paramounte Engineering, we were approached by a neighbor asking
about the development. This gentleman lives in the adjacent neighborhood along Blue Clay
Road, but outside of the 500' notification distance. After discussing the project with him, he
stated he had no issue with the development and was happy water and sewer were getting
extended closer to his home. He hopes to tie into CFPUA water when available. He
understands this project will not bring services to his home, but we did discuss his options option
for extension if Blue Clay Road is the location of water line extension or his other option of
contacting CFPUA for the County's infrastructure extension along Holly Shelter Road.
No changes were made to the proposal as the result of this meeting or the site meeting with
the neighbor.
1 2 2 C I N E M A ❑ R I V E, W I L M I N G T ❑ N, N C 2 8 4 ❑ 3
P H ( 9 1 ❑) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 ❑
Board of Commissioners - August 7, 2023
ITEM: 9 - 7 - 23
PARA MOUND
P E
E N G I N E E FZ I N G. I N C
February 22, 2023
RE: Community Meeting for a Conditional Rezoning
Proposed on the Corner of Holly Shelter Road and Blue Clay Road
Paramounte Engineering, Inc. and Stout Operating Firm, LLC invite you to a community
meeting regarding a proposed conditional rezoning for + 72.41 acre residential development
located on the corner of Holly Shelter Road and Blue Clay Road. The subject property is further
identified as New Hanover County Parcels R01100-008-011-002 and R01100-008-010-000. As
part of this rezoning process and prior to submitting our plans to New Hanover County
Planning, we are reaching out to neighbors to inform them about our project. You are receiving
this invitation because New Hanover County GIS records indicate you own property within 500
feet of the subject property. Please reference the enclosed site plan for a first look at our project,
and you are welcome to attend our meeting to review larger plans.
Our open -house style meeting will be held Thursday, March 9, 2023, at a nearby business, Spiffy
On -Demand Car Care. Drop in any time between 6:30-7:30 PM. We will have full-size plans
and members of the project team available to discuss our plans and answer your questions. If
anyone is unavailable to attend the meeting at the designated day and time but wants to discuss
the project, please contact our office at the phone number listed in the footer below.
A few key facts about the site and proposed project:
The subject property is undeveloped land located at the intersection of Holly Shelter Road and
Blue Clay Road. The site is across Blue Clay Road from S&W Ready Mix Concrete and across
Holly Shelter Road from Adams Products Oldcastle. The subject property's Blue Clay Road
frontage runs + 330' south of Berwick Drive. The land proposed for conditional rezoning is
currently zoned Residential 15 (R-15) for the road frontage along Blue Clay Road and Light
Industrial (I-1) for the majority of the + 72 acre site. We are requesting a conditional rezoning to
downzone the property from Industrial to Residential Multi -Family Low Density (RMF-L) to
allow a range of residential product types including apartments near the Holly Shelter intersection
and single family homes, duplexes, and townhomes for the remainder of the site.
We look forward to meeting you on March 9' and to sharing project details with you.
Community Meeting Time, Date, and Location:
Open House from 6:30 — 7:30 PM on Thursday, March 91h
Spiffy On -Demand Car Care
5656 Barbados Blvd. # 160, Castle Hayne, NC 28429
122 CINEMA DRIVE
WILMINGTON, NC 28403
Board of CoPW (glib r7difs6-7XJ g u st 7, 2023
ITEM: 9 - 7 - 24
Site Data
Total Overall Site Acreage:
+72.41 Ac.
Current Zoning:
R-15 & 1.1
Proposed Zoning /Allowable Density:
RMF-l- (10 duac)
Proposed Density:
Phase 1: Apartment Parcel (+ 24.00 AC):
10.0 duac / 240 units
Phase 2: Cottage Parcel (+ 48.41 AC):
5.95 duac / 288 units
Total Proposed Units:
528 Units
240 Apartments
288 Cottages
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Date: 20 February 2023
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Preliminary / Not For Con,V,Oion -This site plan is a graphic representation and ahauld be W fted for di —salon purpose. only
This site plan approximates existing condaiona relating to structure.
—nds, roads, palling, vegetation and property boundaries. Plan components may change based upon regulatory and municipal regulation and requirements at the M1me of approvals and or development—iry.
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Conceptual Land Plan
Blue Clay Tract
New Hanover County, North Carolina
Blue Clay Tract Adjacent Property Owners
OWNER NAME
OWNER MAILING ADDRESS
CITY
STATE
ZIP CODE
CARTER CAROL
110 BERWICK DR
CASTLE HAYNE
NC
28429
JENKINS RUTH M
303 E MCCLURE CIR
CASTLE HAYNE
NC
28429
POPE META MARIE
110 BLACKWATER DR
WATHA
NC
28478
DEAL MARK A
5800 BLUDE CLAY RD
CASTLE HAYNE
NC
28429
MURRELL CANDACE
10 DONAMAR LN
SOUTH AMBOY
NJ
8879
MEARES DEWEY EUGENE ETAL
PO BOX 377
ROCKY POINT
NC
28457
ANDERSON JONATHON A
5812 BLUE CLAY RD
CASTLE HAYNE
NC
28429
MILLER DUSTIN A
5808 BLUE CLAY RD
CASTLE HAYNE
NC
28429
STEWART RANDY C
5804 BLUE CLAY RD
CASTLE HAYNE
NC
28429
BAILON PABLO JANETTE HERNANDEZ
6509 GREENVILLE LOOP RD LT 176
WILMINGTON
NC
28409
SCHUTT GEORGE
PO BOX 12013
WILMINGTON
NC
28405
SIDBURY LAND & TIMBER LLC
PO BOX 3649
WILMINGTON
NC
28406
S & W READY MIX CONCRETE COMPANY LLC
5700 LAKE WRIGHT DR SUITE 300
NORFOLK
VA
23502
MILLIS DONALD GLENDON
5612 BLUE CLAY RD
CASTLE HAYNE
NC
28429
RAMIREZ FLORES EULOGIO ET UX
567 WINDING CREEK RD
ROCKY POINT
NC
28457
ELEMENTIS CHROMIUM ACQUISITION
5408 HOLLY SHELTER RD
CASTLE HAYNE
NC
28429
VEREEN WILLIAM C ETAL
220 MCGREGOR RD
CASTLE HAYNE
NC
28429
RUIZ LUZ
5604 BLUE CLAY RD
CASTLE HAYNE
NC
28429
RUIZ LUZ
5604 BLUE CLAY RD
CASTLE HAYNE
NC
28429
RANSOM DANIEL W LAURA L
208 MCGREGOR RD
CASTLE HAYNE
NC
28429
CAMPBELL JOSHUA
104 BERWICK DR
CASTLE HAYNE
NC
28429
VANN LORRIE
6101 ORANGE ST
CASTLE HAYNE
NC
28429
VEREEN WILLIAM C ETAL
220 MCGREGOR RD
CASTLE HAYNE
NC
28429
VANN LORRIE
6101 ORANGE ST
CASTLE HAYNE
NC
28429
MABRY OFTENE ETAL
219 MCGREGOR RD
CASTLE HAYNE
NC
28429
HAND PAULA RENEE ETAL
104 PINE HOLLOW DR
ROCKY POINT
NC
28457
BMC ENTERPRISES
PO BOX 312
HAMPSTEAD
NC
28443
BETTENCOURT LISA K
189 BELL HAMMOND FORREST DR
ROCKY POINT
NC
28457
BMC ENTERPRISES
PO BOX 312
HAMPSTEAD
NC
28443
THOMPSON RUBY W
3836JAMES B WHITE HWY
WHITEVILLE
NC
28472
MURRELL CANDACE
10 DONMAR LN
SOUTH AMBOY
NJ
8879
GRIZZLE GEORGE D
5728 BLUE CLAY RD
CASTLE HAYNE
NC
28429
ROBBINS SIGLEY CARRIE S
PO BOX 267
CASTLE HAYNE
NC
28429
VEREEN WILLIAM C ETAL
220 MCGREGOR RD
CASTLE HAYNE
NC
28429
RAMSEY ORAL D JOANNE
9 MCGREGOR RD
CASTLE HAYNE
NC
28429
BRITT LLOYD R
203 MCGREGOR RD
CASTLE HAYNE
NC
28429
STRICKLAND CHARLES II ftgggACommissioners -Ap
GR:EMR RD
CASTLE HAYNE
NC
28429
ITEM: 9 - 7
- 26
1
TODD THOMAS L JR
5524 BLUE CLAY RD
CASTLE HAYNE
NC
28429
USA
PO BOX 20636
ATLANTA
GA
30320
SHEPARD MICHAEL R
5533 BLE CLAY RD
CASTLE HAYNE
NC
28429
HADGRAFT ROGER S LISA M
3301 AMMONS DR
WILMINGTON
NC
28405
LEBLANC MICHELE
5509 BLUE CLAY RD
CASTLE HAYNE
NC
28429
CAMERON COMPANY TIMBER LLC
PO BOX 3649
WILMINGTON
NC
28406
BERMAN JOHN J ETAL
3717 SAINT JOHNS CT UNIT B
WILMINGTON
NC
28403
OLDCASTLE APG SOUTH INC
333 N GREENE STREET SUITE 500
GREENSBORO
NC
27401
TWO TEN INVESTORS INC
PO BOC 1108
CLINTON
NC
28329
MAZARIEGOS-PEREZ ENWELVER ET UX
6509 GREENVILLE LOOP RD LT 176
WILMINGTON
NC
28409
JIMENEZ HERNANDEZ HUGO A ET UX
5704 BLUE CLAY RD
CASTLE HAYNE
NC
28429
AXTELL MICHAEL C MARY L
1536 COUNTRY CLUB DR
HAMPSTEAD
NC
28443
MARTIN MARIETTA AGGREGATES
PO BOX 8040
FORT WAYNE
IN
46898
NORTHERN FRANCIS E VERA E
7501 ELKMONT CT
WILMINGTON
NC
28411
GANON JOHN D JANET G
107 HIGH TIDE DR
WILMINGTON
NC
28411
BOYD DONNA
8 MCGREGOR RD
CASTLE HAYNE
NC
28429
DIXON EBBO B HEIRS
1855 LOGANBERRY RD
WILMINGTON
NC
28405
MORALES WALTER X JEESE KA
2474 OLD OCEAN HWY
BOLIVIA
NC
28422
DIAZ HUGO C ETAL
7418 POWDER KEG CT
WILMINGTON
NC
28411
BOYD DONNA D ETAL
220 MCGREGOR RD
CASTLE HAYNE
NC
28429
RAMOS NORMA S
2755 NEW RD
BURGAW
NC
28425
MORALES WALTER X JEESEKA
2474 OLD OCEAN HWY
BOLIVIA
NC
28422
FRANCO WIMPER A MARIA 1
222 MCGREGOR RD
CASTLE HAYNE
NC
28429
LLANEZA ROBERT R MARIE W
5811 FALLEN TREE
WILMINGTON
NC
28405
GRIZZLE GEORGE
5724 BLUE CLAY RD
CASTLE HAYNE
NC
28429
CROUSE NORMA JEAN
5716 BLUE CLAY RD
CASTLE HAYNE
NC
28429
BOYD DONNA D ETAL
220 MCGREGOR RD
CASTLE HAYNE
NC
28429
BERMAN PHILIP B ETAL
3717 SAINT JOHNS CT UNIT B
WILMINGTON
NC
28403
USA
PO BOX 20636
ATLANTA
GA
30320
RAY DANIEL HRS
6 MCGREGOR RD
CASTLE HAYNE
NC
28429
HAYES RICHARD M JESSICA M
3 KERRY DR
CASTLE HAYNE
NC
28429
BOYD HERCHEL L DONNA S
8 MCGREGOR RD
CASTLE HAYNE
NC
28429
CARABALLO BRUNILDA
5 MCGREGOR RD
CASTLE HAYNE
NC
28429
Board of Commissioners - August 7, 2023
ITEM: 9 - 7 - 27
1
THE,. OASIS
HOLLY SHELTER ROAD AND BLUE CLAY ROAD
NEW HANOV R COUNTY, NORTH CARO INA
CONDITIONAL REZONING SITE PLAN
NOTICE REQUIRED
ALL EXISTING UNDERGROUND UTILITIES SHALL BE PHYSICALLY LOCATED PRIOR TO THE BEGINNING OF ANY
CONSTRUCTION IN THE VICINITY OF SAID UTILITIES.
CONTRACTORS SHALL NOTIFY OPERATORS WHO MAINTAIN UNDERGROUND UTILITY LINES IN THE AREA OF PROPOSED
EXCAVATION AT LEAST TWO WORKING DAYS, BUT NOT MORE THAN TEN WORKING DAYS PRIOR TO COMMENCEMENT
OF EXCAVATION OR DEMOLITION.
CONTRACTORS SHALL CONTACT OVERHEAD ELECTRIC PROVIDER TO COMPLY WITH FEDERAL OSHA 1910.333 MINIMUM
APPROACH DISTANCE TO ENERGIZED POWERLINES AND OSH 29 CFR 1926.1407-1411 MUST BE FOLLOWED.
CONTACT THESE UTILITIES
NEW HANOVER COUNTY PLANNING DEPARTMENT
PH: 910-798-7165
PIEDMONT NATURAL GAS
ATTN: CARL PAQUET
PH: 910-350-2242
EMERGENCY DIAL 911
POLICE - FIRE - RESCUE
Know what's below.
Call before you dig.
CFPUA (WATER & SEWER)
PH: 910-332-6550
DUKE ENERGY PROGRESS
GENERAL PH: 1-800-452-2777
AT&T
ATTN:STEVE DAYVAULT
PH: 910-341-7664
SPECTRUM
GENERAL PH: 800-892-4357
MAY 2023
APPLICANT:
OLYMPUS HOLDING COMPANY CASTLE HAYNE, LLC
4 PERCY STREET
CHARLESTON, SC 29403
��o CAST�ENgYNF�,O
40
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VICINITY MAP
NOT TO SCALE
NORTH
THE OASIS
CONDITIONAL REZONING SITE PLAN
PROJECT # 22208.PE
PROPERTY OWNER:
BLUE TANK, LLC
HOLLY TANK, LLC
24 BACKFIN POINT
WILMINGTON, NC 28411
MAY 1, 2023
APPLICANT:
OLYMPUS HOLDING COMPANY
CASTLE HAYNE, LLC
4 PERCY STREET
CHARLESTON, SC 29403
PROJECT CONSULTANTS
ENGINEER/ LAND PLANNER/ LANDSCAPE ARCHITECT
CI IR\/Fv(1R
PARAMOUNTE ENGINEERING, INC. PARAMOUNTE ENGINEERING, INC.
122 CINEMA DRIVE 122 CINEMA DRIVE
WILMINGTON, NC 28403 WILMINGTON, NC 28403
CIVIL: ROB BALLAND, PE (910-791-6707) JOSH TAYLOR, PLS (910-791-6707)
LANDSCAPE ARCHITECT: ALLISON ENGEBRETSON, RLA (910-791-6707)
SHEET INDEX
SHEET NUMBER SHEET TITLE
C-0.0
COVER SHEET
EX-1
EXISTING CONDITIONS
CRZ-1
CONDITIONAL REZONING SITE PLAN
PREPARED BY:
PARAMOUNTE
E N G I N E E F, I N G, I N C.
122 Cinema Drive Wilmington, North Carolina 28403
(910) 791-6707 (0) (910) 791-6760 (F)
NC License #: C-2846
Board of Commissioners - August 7, 2023
ITEM: 9 - 8 - 1
SITE INFORMATION
PROJECT ADDRESSES:
5210 HOLLY SHELTER RD;
5735 BLUE CLAY RD
CASTLE HAYNE, NC 28429
PROPERTY OWNER:
HOLLY TANK, LLC; BLUE TANK LLC
24 BACKFIN PT
WILMINGTON, NC 28411
PARCEL PINS:
R01100-008-011-002 (± 23.01 AC)
R01100-008-010-000 (± 49.38 AC)
TOTAL PROJECT SITE AREA:
± 72.39 ACRES
co
CURRENT ZONING:
1-1 (±69.45 AC) & R-15 (±2.94 AC)
00
CURRENT USE:
UNUSED LAND
-Q
0
FLOOD INFORMATION:
THE SUBJECT PARCELS ARE LOCATED IN ZONE X- MINIMAL
FLOOD RISK - AS SHOWN BY FEMA MAP NUMBER 3720324200K
BEARING AN EFFECTIVE DATE OF FEBRUARY 16, 2007.
ci
WETLAND INFORMATION:
A PJD WETLAND DELINEATION PREPARED BY SEGI ENGINEERING
RECEIVED APPROVED BY THE USACE ON MARCH 17, 2022
EXISTING CONDITIONS NOTES
00(-n(
1. THE SITE IS HEAVILY WOODED WITH A MIXTURE OF VEGETATION AS NOTED THIS SHEET, BUT NO -Q
SPECIMEN TREES FOUND ON SITE IN SITE REVIEW PERFORMED 4/28/23.
W
2. 2' CONTOURS SOURCED FROM NEW HANOVER COUNTY GIS DATA; FULL PROPERTY
TREE & U1
TOPOGRAPHIC SURVEY UNDERWAY.
3. THIS LOT IS SUBJECT TO ALL UTILITY EASEMENTS, RESTRICTIONS, OR COVENANTS OF RECORD
LEGEND
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PEI JOB#:
22208.PE
Board of Commissioners - August 7, 2023
ITEM: 9 - 8 - 2
F p`FzM RQ �C��cl
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VICINITY MAP
NOT TO SCALE W)
NORTH
TOWNHOUSE BLDG, TYP.
SITE DATA
'
PROJECT ADDRESSES: 5210 HOLLY SHELTER RD;
I
5735 BLUE CLAY RD
t
CASTLE HAYNE, NC 28429
I I
PROPERTY OWNER: HOLLY TANK, LLC; BLUE TANK LLC
24BACKFIN PT
WILMINGTON, NC 28411
PARCEL PINS: R01100-008-011-002 (± 23.01 AC)
--
R01100-008-010-000 (± 49.38 AC)
I P ASE 3 '
PROPOSED USE: MIXED RESIDENTIAL
P ASE 4
FUTURE LAND USE CLASSIFICATION: GENERAL RESIDENTIAL
I
TOTAL PROJECT SITE AREA: ± 72.39 ACRES
,
MULTI -FAMILY RESIDENTIAL: ± 24.32 ACRES
TOWNHOMES / SF / DUPLEX/ TRI/QUADRAPLEX. ± 48.09 ACRES
CURRENT ZONING: 1-1 (±69.45 AC) & R-15 (±2.94 AC)
I
PROPOSED ZONING: RMF-L VOR 1,670' RADIUS;
55HEIGHT LIMITATION FOR
MAX DENSITY ALLOWED IN RMF-L: 10 DU / AC (724 UNITS) BUILDINGS WITHIN THIS AREA; w
MAX PROJECT DENSITY PROPOSED: 7.20 DU / AC FAA APPROVAL REQUIRED '
I
TOTAL PROPOSED UNITS: 521 UNITS
Im
MULTI -FAMILY APARTMENTS: 243UNITS
,
TOWNHOMES / SF / DUPLEX/ TRI/QUADRAPLEX. 278 UNITS
w
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RMF-L PERFORMANCE DIMENSIONAL DATA
od
MULTI -FAMILY APARTMENTS REQUIRED PROVIDED
Y
I
MIN. LOT AREA: 20,000 SF ± 1, 059, 379 SF
MIN. LOT WIDTH: 100, EXCEEDS 100'
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w
FRONT SETBACK 35' 50' MIN.
o ) I J 13M -
SIDE SETBACK (STREET): 30' 60' MIN.
o N p ILL '
SIDE SETBACK (INTERIOR): 25' (3 STORIES) 40' MIN.
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REAR SETBACK: 30' (3 STORIES) 35' MIN.
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BUILDING HEIGHT MAXIMUM: 3 STORIES (W/O ADD REGS.) 3 STORIES MAX.
BUILDING SEPARATION 20' 20' MIN.
a N° IQw I
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OTHER MIXED RESIDENTIAL REQUIRED PROVIDED"
IN I
MIN. LOT AREA: 5, 000-17, 500 SF ± 2,094,800 SF
MIN. LOT WIDTH: 50' EXCEEDS 50'
FRONT SETBACK 20' 20' MIN.
I I
SIDE SETBACK (STREET): 10, 10' MIN.
SIDE SETBACK (INTERIOR): 5' 5' MIN.
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REAR SETBACK: 15' 15' MIN.
I
BUILDING HEIGHT MAXIMUM: 3 STORIES MAX 2 STORIES FOR MAJORITY
W/POTENTIAL FOR 3 STORIES MIXED IN
I I
AWAY FROM BLUE CLAY RD.
BUILDING SEPARATION 20' 20' MIN.
I '
*NOTE: SETBACKS LISTED AS MINIMUMS APPLY IF ANY LOTS ARE CREATED DURING PLATTING; AS DRAWN THIS PLAN,
I
ALL BUILDINGS FAR EXCEED MINIMUM SETBACKS BECAUSE NO LOTS ARE SHOWN.
I
SITE DEVELOPMENT NOTES:
PHASING
I I
1. THE PROJECT WILL BE COMPLETED IN MULTIPLE PHASES, 4 ANTICIPATED
I
LANDSCAPING & BUFFERING NOTES
I
1. STREETYARDS SHALL BE PROVIDED ALONG HOLLY SHELTER ROAD AND BLUE CLAY ROAD IN
I
ACCORDANCE WITH SECTION 5.4.6 OF THE NEW HANOVER COUNTY UDO
I
2. BUFFERYARDS SHALL BE PROVIDED ABUTTING RESIDENTIAL LAND USES (SOUTHERN & EASTERN
'
PROPERTY LINE) WHERE EXISTING VEGETATION IS INSUFFICIENT TO SATISFY THE REQUIREMENTS
I I
OF SECTION 5.4.3 OF THE NEW HANOVER COUNTY UDO
3. ALL REQUIRED LANDSCAPE AND SCREENING SHALL COMPLY WITH THE LIDO.
SIDEWALKS
1. SIDEWALKS SHALL BE PROVIDED IN ACCORDANCE WITH SECTION 6.3.3.J.f OF THE NEW HANOVER
COUNTY LIDO
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STORMWATER & UTILITIES
1. STORM WATER SHALL BE DESIGNED IN ACCORDANCE WITH ALL NEW HANOVER COUNTY AND
ORMWATER
STATE REQUIREMENTS. PONDS SHOWN IN GENERAL LOCATION AT THIS TIME, BUT DESIGN WILL I
I POND
ALTER AS ENGINEERING DESIGN PROGRESSES.
'
2. PUBLIC WATER AND SEWER WILL BE EXTENDED BY THE DEVELOPER TO THE SITE. ALL DESIGN
AND PERMITTING SHALL BE COORDINATED WITH CFPUA, NEW HANOVER COUNTY, AND STATE
I
REGULATORS AS REQUIRED.
I
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OPEN SPACE
MULTI -FAMILY APARTMENTS:
\
REQUIRED OPEN SPACE: ± 4.86 AC (20% OF GROSS AREA)
PROVIDED OPEN SPACE: ± 10.40 AC \ R 7
REMAINING MIXED RESIDENTIAL: \\\ �S�p �%
REQUIRED OPEN SPACE: ± 9.62 AC (20% OF GROSS AREA)
PROVIDED OPEN SPACE: ± 20.43 AC
OPEN SPACE INCLUDES AMENITIES, WETLANDS, BUFFERS, STREETYARDS, PONDS & EASEMENTS 41
EXISTING CONDITIONS/ ENVIRONMENTAL NOTES:
FLOOD INFORMATION: THE SUBJECT PARCELS ARE LOCATED IN ZONE X
- MINIMAL FLOOD RISK - AS SHOWN BY FEMA e`er p Jv ooy
MAP NUMBER 3720324200K BEARING AN
EFFECTIVE DATE OF FEBRUARY 16, 2007. �J�^'6.�i`'�
WETLAND: INFORMATION: A PJD WETLAND DELINEATION AS PREPARED BY
SEGI ENGINEERING WAS APPROVED BY THE ^3 a
USACE ON MARCH 17, 2022 "y °°� �^y���
,' \
SPECIMEN TREES: NO SPECIMEN TREES FOUND ON SITE.
CONDITIONAL REZONING NOTE �„Q\o�tiooJe
ALL DESIGN ELEMENTS SHOWN ON THIS PLAN CONVEY THE GENERAL INTENTION OF
THE PROPOSED DESIGN AND MAXIMUM DENSITY ANTICIPATED; DESIGN MAY REQUIRE
MINOR DEVIATIONS DURING DESIGN DEVELOPMENT, BUT ALL DESIGN WILL COMPLY
WITH THE TERMS OF APPROVAL FOR THE CONDITIONAL ZONING PLAN AND WITH NEW
HANOVER COUNTY'S UDO. UDO SECTION 10.3.3.C.7.b FURTHER IDENTIFIES EXTENT OF
CHANGE ALLOWED BEFORE REQUIRING ADDITIONAL BOARD REVIEW. PLANS WILL BE
REVIEWED BY TRC AND REGULATORY AUTHORITIES TO ENSURE COMPLIANCE WITH
APPLICABLE ZONING REGULATIONS AND LOCAL AND STATE REGULATIONS.
EXISTING R-15 CORRIDOR ALONG BLUE CLAY ROAD;
NO BUILDINGS PROPOSED WITHIN R-15 AREA TO
PROVIDE ADDITIONAL BUFFER TO EXISTING HOMES
ALONG BLUE CLAY RD.
18, 24' 18'
0.5' PARKING SPACE DRIVE AISLE PARKING SPACE 0.5'
1.5' UTILITY AND ACCESS EASMENT 1.5'
PER FT 1/4" PER FT 1/4" PER FT 1/4" PER FT
SLOPES= 3:1 2"-S9.5C SURFACE
6.5' SIDEWALK 6"-ABC BASE 6" ABC UNDER CURBING
✓ARIES -SEE PLAN 24" VERTICAL CURB
PAVING NOTE: ALL PAVING THICKNESS WILL BE DETERMINED BASED ON SOILS
DATA. NO TESTING HAS BEEN COMPLETED AT THIS TIME, SO A MINIMUM PAVING
SECTION HAS BEEN PROVIDED AND WILL BE FURTHER EVALUATED WITH THE
AVAILABILITY OF SOILS DATA.
APARTMENT PRIVATE DRIVE WITH PARKING CROSS SECTION
NOT TO SCALE
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SLOPES= 3:1 2"-S9.5B SURFACE CONCRETE SIDEWALK WATERS OF THE US LINE
6.5' SIDEWALK 6"- ABC BASE
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VARIES - SEE PLAN MODIFIED VALLEY SPILL CURB 6" STONE UNDER CURBING ZONING DIVISION LINE
PAVING NOTE: ALL PAVING THICKNESS WILL BE DETERMINED BASED ON SOILS SS PROPOSED SANITARY SEWER
DATA. NO TESTING HAS BEEN COMPLETED AT THIS TIME, SO A MINIMUM PAVING
SECTION HAS BEEN PROVIDED AND WILL BE FURTHER EVALUATED WITH THE W PROPOSED WATER LINE
AVAILABILITY OF SOILS DATA.
AMENITY PARKING CROSS SECTION FM PROPOSED FORCEMAIN
TOWNHOME
NOT TO SCALE TOWNHOME WETLANDS
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DRIVEWAY DRIVEWAY
VARIES 1 24' 1 5' VARIES
PROPOSED BUILDINGS
18' MIN. 1 1, 18' MIN.
1/4" PER FT 1/4" PER FT �, PROPOSED SIDEWALKS /
SLOPES= 3:1 1 1 1
-� SLOPES= 3:1 /
CONCRETE SIDEWALK
1.5"-SF9.5A SURFACE 5' WIDTH -SEE PLAN /
MODIFIED VALLEY SPILL CURB FOR LOCATION
6"-B25.0B BASE 6" STONE UNDER CURBING
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CROSS SECTION
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Board of Commissioners - August 7, 2023
ITEM: 9 - 8 - 3
WMPO
April 12, 2023
Mr. Jonathan Guy, PE, PTOE, AICP
Kimley Horn Associates
115 Fairchild Street, Suite 250
Charleston, SC 29492
305 Chestnut Street
Po Box 1810
Wilmington, NC 28402
Ph: (910) 341-3258
Fax; (910) 341-7801
www.wmpo.org
RE: Approval with conditions of the Traffic Impact Analysis (TIA) associated with the proposed
Castle Hayne Residential development located in New Hanover County, NC.
Dear Mr. Guy:
The WMPO, NCDOT and New Hanover County staffs have reviewed the Blue Clay Residential TIA (sealed
February 16, 2023) and based on the information provided and conversations held to date, it is our
understanding that the proposed development has a build out year of 2026 and will consist of:
o ITE Land Use Code 210 — Single Family detached housing 57 DU
o ITE Land Use Code 215 — Single Family attached housing (duplexes) 231 DU
o ITE Land Use Code 221 — Multi -family (mid -rise) housing 240 DU
Based upon the review of the analysis provided, the following improvements are required of this development:
1-40 Eastbound Ramp and SR 1002 (Holly Shelter Road) (Stop -controlled intersection)
Signalize the intersection.
1-40 Westbound Ramp and SR 1002 (Holly Shelter Road) (Stop -controlled intersection)
Option 1 (Recommended)
Signalize the intersection and provide necessary coordination.
Option 2
Construct an exclusive northbound right turn lane on 1-40 westbound ramps, with 400 feet of storage,
appropriate deceleration, and taper.
Wilmington Urban Area Metropolitan Planning Organization
City of Wilmington e Town of Carolina Beach • Town of Kure Beach • Town of Wrightsville Beach
County of New Hanover • TonBMRpb#l�b?nTjj%§i@fiL&D9ka Nr7pkdLk9assa ■ County of Brunswick
County of Pender • Cape Fear Public TransportatjgTE&.tbo.6W_� orth Carolina Department of Transportation
Approval with conditions of the Castle Hayne Residential (New Hanover County) Traffic Impact Analysis
SR 1002 (Holly Shelter Road) and SR 2181 (Blue Clay Road) (Stop -controlled intersection)
• Construct an eastbound right turn lane on SR 7002 (Holly Shelter Road) with 700 feet of storage,
appropriate deceleration and taper.
• Construct an exclusive northbound right turn lane on SR 2787 (Blue Clay Road) with 700 feet of
storage, appropriate deceleration and taper.
SR 2181 (Dairy Farm Road) and SR 1336 (Sidbury Road) (Stop -controlled intersection)
• No improvements are required.
SR 1002 (Holly Shelter Road) and Site Access 1 (Proposed stop -controlled intersection)
• Construct an eastbound right turn taper of 200 feet on SR 7002 (Holly Shelter Road).
• Construct site access (northbound approach) with an internal protected stem of 50 feet, measured
from the right-of-way and with one ingress lane and one egress lane.
• Provide stop controls for northbound approach.
SR 2181 (Blue Clay Road) and Concrete Plant Driveway/Site Access 2 (Stop -controlled intersection)
• Construct site access (eastbound approach) with an internal protected stem of 50 feet measured from
the right-of-way, and with one ingress lane and one egress lane.
• Provide stop controls for eastbound approach.
SR 2181 (Blue Clay Road) and Kerry Drive/Site Access 3 (Stop -controlled intersection)
• Construct site access (eastbound approach) with an internal protected stem of 50 feet measured from
the right-of-way, and with one ingress lane and one egress lane.
• Provide stop controls for eastbound approach.
SR 2181 (Blue Clay Road) and Site Access 4 (Proposed stop -controlled intersection)
• Construct site access (eastbound approach) with an internal protected stem of 75 feet measured from
the right-of-way, and with one ingress lane and one egress lane.
• Provide stop controls for eastbound approach.
If changes are made to the proposed site driveways and/or land uses, the current trip distribution may need to
be modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT,
WMPO, and New Hanover County, in which instance this approval would become null and void.
The applicant is required to obtain all applicable New Hanover County and NCDOT permits for access to the
road network. A copy of this TIA approval shall be included with any NCDOT driveway permit application. All
applicable NCDOT and New Hanover County technical standards and policies shall apply.
Board of Com ero�A 3August 7, 2023
ITEM: 9 - 9 - 2
Approval with conditions of the Castle Hayne Residential (New Hanover County) Traffic Impact Analysis
Please feel free to contact me at (910) 473 — 5130 if you have any questions regarding this approval.
Sincerely,
Scott A. James, PE
Transportation Planning Engineer
Wilmington Urban Area MPO
Ec: Ben Hughes, PE, District Engineer, NCDOT
Jon Roan, Deputy District Engineer, NCDOT
Frank Mike, Assistant District Engineer, NCDOT
Jessi Leonard, PE, Assistant Division Maintenance Engineer, NCDOT
Stonewall Mathis, PE, Deputy Division Traffic Engineer, NCDOT
Krupa Koilada, Senior Assistant Traffic Engineer, NCDOT
Bryce Cox, Assistant Traffic Engineer, NCDOT
Robert Farrell, Senior Planner, New Hanover County
Julian Griffee, Current Planner, New Hanover County
Jamar Johnson, El, Engineering Associate, WMPO
Page 3of3
Board of Commissioners - August 7, 2023
ITEM: 9 - 9 - 3
Castle Hayne Residential Development
Traffic Impact Analysis
Executive Summary
The proposed Castle Hayne Residential Development is located in Castle Hayne, NC along Holly
Shelter Road and Blue Clay Road within a currently vacant parcel of land. This parcel of land is
bound by Holly Shelter Road to the north, single-family residences to the south, Blue Clay Road
to the east, and vacant land to the west. Based on the current site plan, the proposed development
is anticipated to consist of approximately 57 detached houses, 231 duplexes, and 240 apartment
units to be constructed and occupied by the end of 2026. New trips generated by the development
are expected to utilize one driveway along Holly Shelter Road and three driveways along Blue
Clay Road for access to the surrounding roadway network.
This traffic impact analysis (TIA) evaluates traffic operations under 2022 Existing, 2026 No -Build,
and 2026 Build conditions during the AM and PM peak hours at the following study intersections:
1. Holly Shelter Road at 1-40 EB Ramps
2. Holly Shelter Road at 1-40 WB Ramps
3. Holly Shelter Road at Blue Clay Road
4. Sidbury Road at Dairy Farm Road
5. Holly Shelter Road at Site Access #1
6. Blue Clay Road at Site Access #2/Concrete Plant
7. Blue Clay at Site Access #3/Kerry Drive
8. Blue Clay Road at Site Access #4
The TIA scoping document associated with this project was initially reviewed and approved by
the Wilmington Urban Metropolitan Planning Organization (WMPO) on October 26, 2022 and
revised on January 12, 2023. The revised TIA scoping document is included in Appendix B for
reference.
Kimley-Horn was retained to determine the potential traffic impacts of this development and
identify transportation improvements that may be required to accommodate these impacts in
accordance with the guidelines set forth in the North Carolina Department of Transportation
(NCDOT) Congestion Management Capacity Analysis Guidelines, NCDOT Policy on Street and
Driveway Access to North Carolina Highways, and WMPO Traffic Impact Analysis Supplemental
Guidelines. Based on capacity analysis results, the following recommendations are offered:
Holly Shelter Road at 1-40 EB Ramps
• Place the intersection under traffic signal control.
• Operate the westbound left -turn movement with protected/permissive phasing.
• Operate the eastbound right -turn movement with permitted -overlap phasing to run
concurrently with the 1-40 EB off -ramp approach.
Holly Shelter Road at 1-40 WB Ramps
• Construct a northbound left -turn lane with a storage of 400 feet and appropriate taper
length.
Board of Commis$ Os - August 7, 2023 February 2023
ITEM: 9 - 10 - 1
Castle Hayne Residential Development
Traffic Impact Analysis
Holly Shelter Road at Blue Clay Road
Construct an eastbound right -turn lane with a minimum storage of 100 feet and
appropriate taper length.
Holly Shelter Road at Site Access #1
Construct Site Access #1 as shown on the conceptual site plan to include one ingress
lane and one egress lane.
Blue Clay Road at Site Access #2/Concrete Plant
Construct Site Access #2 as shown on the conceptual site plan to include one ingress
lane and one egress lane.
Blue Clay Road at Site Access #3/Kerry Drive
Construct Site Access #3 as shown on the conceptual site plan to include one ingress
lane and one egress lane.
Blue Clay Road at Site Access #4
Construct Site Access #4 as shown on the conceptual site plan to include one ingress
lane and one egress lane.
Recommended improvements are summarized in Figure ES-1.
Board of Commi ft4s - August 7, 2023 February 2023
ITEM: 9 - 10 - 2
Concept Plan
Board of Commissioners - August 7, 2023
ITEM: 9 - 11 - 1
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VICINITY MAP
NOT TO SCALE W)
NORTH
TOWNHOUSE BLDG, TYP.
SITE DATA
'
PROJECT ADDRESSES: 5210 HOLLY SHELTER RD;
I
5735 BLUE CLAY RD
t
CASTLE HAYNE, NC 28429
I I
PROPERTY OWNER: HOLLY TANK, LLC; BLUE TANK LLC
24BACKFIN PT
WILMINGTON, NC 28411
PARCEL PINS: R01100-008-011-002 (± 23.01 AC)
--
R01100-008-010-000 (± 49.38 AC)
I P ASE 3 '
PROPOSED USE: MIXED RESIDENTIAL
P ASE 4
FUTURE LAND USE CLASSIFICATION: GENERAL RESIDENTIAL
I
TOTAL PROJECT SITE AREA: ± 72.39 ACRES
,
MULTI -FAMILY RESIDENTIAL: ± 24.32 ACRES
TOWNHOMES / SF / DUPLEX/ TRI/QUADRAPLEX. ± 48.09 ACRES
CURRENT ZONING: 1-1 (±69.45 AC) & R-15 (±2.94 AC)
I
PROPOSED ZONING: RMF-L VOR 1,670' RADIUS;
55HEIGHT LIMITATION FOR
MAX DENSITY ALLOWED IN RMF-L: 10 DU / AC (724 UNITS) BUILDINGS WITHIN THIS AREA; w
MAX PROJECT DENSITY PROPOSED: 7.20 DU / AC FAA APPROVAL REQUIRED '
I
TOTAL PROPOSED UNITS: 521 UNITS
Im
MULTI -FAMILY APARTMENTS: 243UNITS
,
TOWNHOMES / SF / DUPLEX/ TRI/QUADRAPLEX. 278 UNITS
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RMF-L PERFORMANCE DIMENSIONAL DATA
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MULTI -FAMILY APARTMENTS REQUIRED PROVIDED
Y
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MIN. LOT AREA: 20,000 SF ± 1, 059, 379 SF
MIN. LOT WIDTH: 100, EXCEEDS 100'
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FRONT SETBACK 35' 50' MIN.
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SIDE SETBACK (STREET): 30' 60' MIN.
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SIDE SETBACK (INTERIOR): 25' (3 STORIES) 40' MIN.
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REAR SETBACK: 30' (3 STORIES) 35' MIN.
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BUILDING HEIGHT MAXIMUM: 3 STORIES (W/O ADD REGS.) 3 STORIES MAX.
BUILDING SEPARATION 20' 20' MIN.
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OTHER MIXED RESIDENTIAL REQUIRED PROVIDED"
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MIN. LOT AREA: 5, 000-17, 500 SF ± 2,094,800 SF
MIN. LOT WIDTH: 50' EXCEEDS 50'
FRONT SETBACK 20' 20' MIN.
I I
SIDE SETBACK (STREET): 10, 10' MIN.
SIDE SETBACK (INTERIOR): 5' 5' MIN.
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REAR SETBACK: 15' 15' MIN.
I
BUILDING HEIGHT MAXIMUM: 3 STORIES MAX 2 STORIES FOR MAJORITY
W/POTENTIAL FOR 3 STORIES MIXED IN
I I
AWAY FROM BLUE CLAY RD.
BUILDING SEPARATION 20' 20' MIN.
I '
*NOTE: SETBACKS LISTED AS MINIMUMS APPLY IF ANY LOTS ARE CREATED DURING PLATTING; AS DRAWN THIS PLAN,
I
ALL BUILDINGS FAR EXCEED MINIMUM SETBACKS BECAUSE NO LOTS ARE SHOWN.
I
SITE DEVELOPMENT NOTES:
PHASING
I I
1. THE PROJECT WILL BE COMPLETED IN MULTIPLE PHASES, 4 ANTICIPATED
I
LANDSCAPING & BUFFERING NOTES
I
1. STREETYARDS SHALL BE PROVIDED ALONG HOLLY SHELTER ROAD AND BLUE CLAY ROAD IN
I
ACCORDANCE WITH SECTION 5.4.6 OF THE NEW HANOVER COUNTY UDO
I
2. BUFFERYARDS SHALL BE PROVIDED ABUTTING RESIDENTIAL LAND USES (SOUTHERN & EASTERN
'
PROPERTY LINE) WHERE EXISTING VEGETATION IS INSUFFICIENT TO SATISFY THE REQUIREMENTS
I I
OF SECTION 5.4.3 OF THE NEW HANOVER COUNTY UDO
3. ALL REQUIRED LANDSCAPE AND SCREENING SHALL COMPLY WITH THE LIDO.
SIDEWALKS
1. SIDEWALKS SHALL BE PROVIDED IN ACCORDANCE WITH SECTION 6.3.3.J.f OF THE NEW HANOVER
COUNTY LIDO
I I
STORMWATER & UTILITIES
1. STORM WATER SHALL BE DESIGNED IN ACCORDANCE WITH ALL NEW HANOVER COUNTY AND
ORMWATER
STATE REQUIREMENTS. PONDS SHOWN IN GENERAL LOCATION AT THIS TIME, BUT DESIGN WILL I
I POND
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REQUIRED OPEN SPACE: ± 9.62 AC (20% OF GROSS AREA)
PROVIDED OPEN SPACE: ± 20.43 AC
OPEN SPACE INCLUDES AMENITIES, WETLANDS, BUFFERS, STREETYARDS, PONDS & EASEMENTS 41
EXISTING CONDITIONS/ ENVIRONMENTAL NOTES:
FLOOD INFORMATION: THE SUBJECT PARCELS ARE LOCATED IN ZONE X
- MINIMAL FLOOD RISK - AS SHOWN BY FEMA e`er p Jv ooy
MAP NUMBER 3720324200K BEARING AN
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HANOVER COUNTY'S UDO. UDO SECTION 10.3.3.C.7.b FURTHER IDENTIFIES EXTENT OF
CHANGE ALLOWED BEFORE REQUIRING ADDITIONAL BOARD REVIEW. PLANS WILL BE
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Board of Commissioners - August 7, 2023
ITEM: 9 - 12 -1
Public Comments
In Support
Neutral
In Opposition
Board of Commissioners - August 7, 2023
ITEM: 9 - 13 - 1
Farrell, Robert
From: noreply@civicpIus.com
Sent: Friday, May 26, 2023 2:05 PM
To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Griffee, Julian; Dickerson, Zachary
Subject: Online Form Submission #3603 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name David
Last Name Crosby
Address 2235 Gateway Access Point STE 400
City Raleigh
State NC
Zip Code 27607
Email buzz.crosbyCa�martinmarietta.com
Projects available for PB Meeting - Z23-12 - Oasis on Blue Clay and Holly Shelter -
comment. Residential Development
What is the nature of your Neutral
comment?
Public Comment Re: Rezoning Request Z23-12 — Petition to Rezone 5210 Holly
Shelter Road and 5735 Blue Clay Road (the "Subject
Property")
Dear Honorable Members of the New Hanover County
Planning Board:
Martin Marietta is pleased to be a member of the New Hanover
County and Castle Hayne community as the long-time operator
of the Castle Hayne Quarry and Rail Yard located at 5635 Holly
Board of Commissioners - August 7, 2023
ITEM: 9 - 13 - 2
Shelter Road (the "Martin Marietta Property"). The Martin
Marietta Property is an active operation that includes quarrying
and transloading activities. Our investments in the community
are well established and will continue to provide a positive
impact for its residents for years to come. We are proud to be
part of New Hanover County's long-term growth and prosperity.
We understand the owner of the property located at 5210 Holly
Shelter Road and 5735 Blue Clay Road, the Subject Property,
has filed a rezoning application to allow development for
residential use. The Subject Property is located south of our
property. As a fully operational quarry and aggregates rail yard,
there will be ongoing mining activities including but not limited
to crushing, blasting, aggregate processing, heavy equipment
operations, rail car unloading, and truck loading, that will occur
on the property itself, along with the ongoing use of Holly
Shelter Road, as well as other ancillary operations that may
occur on our land adjacent to the actual quarry and yard.
Martin Marietta is committed to being a responsible neighbor,
and we have a history of mutual cooperation with our
residential neighbors at other sites throughout the country.
Given the Martin Marietta Property is already authorized for
quarrying and rail yard operations, we want to ensure that the
County Commissioners, Planning Board, and the potential
developer of the Subject Property are aware of the current and
future use of our property. The proposed zoning map would
locate all of the proposed multifamily development
approximately 3,500 feet west of the Castle Hayne Quarry and
Rail Yard entrance, which places any residential access to
Holly Shelter Road between industrial operations, and the
corresponding traffic, and the shortest access to Interstate 40.
We respectfully ask the Planning Board to consider requiring
the developer to give notice of the existence of the quarry and
our existing operations to any residential purchaser or tenant.
Martin Marietta values our community partnerships and
neighbor relationships. I appreciate your consideration and
would be happy to visit with the board in -person at any time.
Best regards,
David N. Crosby
Regional Vice President
Board of Commissioners - August 7, 2023
ITEM: 9 - 13 - 3
Farrell, Robert
From: noreply@civicpIus.com
Sent: Wednesday, May 31, 2023 9:54 AM
To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Griffee, Julian; Dickerson, Zachary
Subject: Online Form Submission #3656 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Shawn
Last Name Baker
Address 5312 Holly Shelter Rd. PO Box 400
City Castle Hayne
State NC
Zip Code 28429
Email sbaker(a)snwreadymix.com
Projects available for PB Meeting - Z23-12 - Oasis on Blue Clay and Holly Shelter -
comment. Residential Development
What is the nature of your Oppose project
comment?
Public Comment See attached letter.
Thank you.
Upload supporting files
If you need to support your comment with documentation, upload the files here. No
more than 20MB in size total for all files. File types accepted are: doc, docx, ppt,
pptx, txt, pdf, jpg, png.
File 1 New Hanover County (Rezoning Ltr) (5.31).pdf
Board of Commissioners - August 7, 2023
ITEM: 9 - 13 - 4
TITAN'
AMERICA
Titan America LLC
5700 Lake Wright Drive
Suite 300
Norfolk, Virginia 23502
Telephone (757) 858-6500
Fax (757) 855-7707
www.titanamerica.com
May 31, 2023
New Hanover County Planning Board
230 Government Center Drive, Suite 110
Wilmington, NC 28403
Re: Rezoning Request Z23-12 — Petition to Rezone 5210 Holly Shelter Road and 5735 Blue
Clay Road (the "Subject Property")
To Whom it May Concern:
S&W Ready Mix Concrete Company LLC ("S&W"), as a proud member of the New Hanover
County and Castle Hayne Community and owner/operator of the concrete manufacturing facility
located at 5312 Holly Shelter Road, submits this letter in formal opposition to the pending rezoning
application that has been filed by the owner of the above -referenced Subject Property, which
purports to rezone that property as residential.
Due to the nature of our business and other businesses in the area, we have significant concerns
related to this rezoning. S&W is and always has been committed to being an involved,
understanding, and responsible neighbor and member of the community. As such, we thought it
prudent to submit this letter to ensure that the County Commissioners, Planning Board, and
potential developers of the Subject Property are fully aware of S&W's current use of our property
due to the proximity of the Subject Property. Our facility (as well as many other industrial sites in
the area) often begins operations extremely early in the morning, which means the operation of a
variety of equipment and vehicles necessary to support the business. The lights, noise, and traffic
associated with this equipment and these vehicles is wholly incompatible with a neighboring
residential development.
We ask the Planning Board to take into consideration this incompatibility. Heavy industrial
operations and residential developments can certainly manage to coexist; however, to do so zoning
and planning must be carefully considered to maintain consistency among the expectations and
needs of the overall community. The proposed commingling of zoning classifications here,
Board of Commissioners - August 7, 2023
ITEM: 9 - 13 - 5
however, undoubtedly clouds these needs and expectations in a way that can be wholly avoided
by a denial of the rezoning application.
If the rezoning application is approved, we will of course remain committed to our role in the
community. In such instance, however, we must request that the developer be required to provide
comprehensive notice of and information related to our existing facility and operations to any
prospective purchaser or tenant.
Respectfully submitted,
Shawn Baker
General Manager
Board of Commissioners - August 7, 2023
ITEM: 9 - 13 - 6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE:8/7/2023
Regular
DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner
CONTACT(S): Zach Dickerson; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning &
Land Use Director
SU BJ ECT:
Public Hearing
Rezoning Request (Z23-13) - Request by Cindee Wolf with Design Solutions, LLC, applicant, to rezone four parcels
totaling approximately 0.92 acres of land located at 4801, 4805, 4809, and 4813 Shelley Drive from R-15,
Residential to (CZD) R-5, Residential for a maximum of 7 single-family residential lots. (See page 1 of the attached
staff report for a reference map.)
BRIEF SUMMARY:
The applicant is proposing to rezone approximately 0.92 acres from the R-15, Residential zoning district to the (CZD)
R-5, Residential district for a maximum 7 unit detached single-family development.
The concept plan consists of 7 detached single-family dwellings on 7 lots. The concept plan also includes open space
behind the 7 lots which will also be used for stormwater management. Where the site abuts N College Road, the
concept plan includes a 20' wide common area that is set aside for possible future right-of-way acquisition by NCDOT-
this is included as a condition. The applicant has also included as a condition that no Accessory Dwelling Units will be
permitted on these lots. The applicant has provided conditions that no trees in the open space will be removed except
for those required for stormwater management, and that there will be shared access driveways to limit driveway cuts.
The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure
housing served by private septic and wells would be developed at low densities. Since that time, public water and
sewer services have become available to the surrounding area.
The R-5 district was established to provide lands that accommodate moderate to high density single-family detached
and single-family attached development on smaller lots. The district allows a range of housing types and can serve as a
transition between mixed -use or commercial development and low to moderate density residential development.
As currently zoned, the site would permit 4 dwelling units on the 4 platted lots. The proposed 7 units would result in an
overall density of 7 units per acre.
It is estimated the site would generate 3 AM and 4 PM peak hour trips as currently zoned. The proposed R-5
development is estimated to generate 5 AM and 7 PM peak hour trips, increasing the estimated number of peak hour
trips by approximately 2 AM and 3 PM trips. The proposed project's peak hour traffic is below the 100 peak hour
threshold required a Traffic Impact Analysis, but NCDOT will review the project through the driveway permitting
process.
The proposed project is located along a major arterial highway that is currently over capacity; however, the N College
Road improvements are expected to improve traffic conditions in this area in the next several years. Based on
Board of Commissioners - August 7, 2023
ITEM: 10
preliminary designs, the future improvements to N College Road and Shelley Drive will restrict access to these
properties. NCDOT has stated that future access would be accommodated through the roadway design process that
may reduce the potential for traffic conflicts, but this design has not yet been finalized.
Students living in the proposed development would be assigned to Blair Elementary School, Trask Middle School, and
New Hanover High School. Based on a generalized historic generation rate, staff would estimate the increase in homes
would result in approximately 1 more student that the estimated number of students generated under existing zoning.
Most of the surrounding development is residential, however there is a convenience store across Shelley Drive from
these parcels. This area of Kings Grant serves as an entrance to the neighborhood, transitioning from the more heavily
driven N College Road to slower neighborhood roads.
The Comprehensive Plan designates these properties as General Residential, a place type that focuses on lower -
density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. The
General Residential place type recommends housing densities up to 8 dwelling units per acre.
The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the project is in
line with the density and housing type recommendations for the General Residential place type. The project would
provide a transition between the high -intensity roadway corridor and the existing low -density neighborhood.
The Planning Board considered this application at the July 6, 2023 meeting. The Planning Board voted to recommend
approval of the petition (5-0), with the Board recommending a wording change to condition four to allow for less
specificity in the required location of the four driveway cuts.
1. No accessory dwelling units will be permitted on these lots.
2. Area for possible right-of-way acquisition by NCDOT for future highway project will be set aside in common area.
3. All trees will remain in open area except those removed for stormwater.
4. There will be no more than four driveway cuts across the seven lots.
The Planning Board found it to be CONSISTENT with the 2016 Comprehensive Plan because the rezoning provides for
the types of uses and recommended density for the General Residential place type.
The Board also found RECOMMENDING APPROVAL of the project was reasonable and in the public interest
because the project will provide housing in close proximity to other residential uses, transitioning from a high traffic
corridor into a lower -density neighborhood.
STRATEGIC PLAN ALIGNMENT:
• Intelligent Growth & Economic Development
o Encourage development of complete communities in the unincorporated county
■ Ensure NHC has appropriate housing to support business growth
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations and
Board of Commissioners - August 7, 2023
ITEM: 10
technical review. While the proposal is in line with the density recommended by the place type, and the project would
provide slightly more housing than is currently zoned, planned NCDOT improvements are expected to impact existing
and future development in this corridor.
The proposed R-5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it provides for the
types of uses and recommended density for the General Residential Place type, and the project will provide housing in
close proximity to other residential uses, transitioning from a high traffic corridor into a lower -density neighborhood.
Staff concurs with the Planning Board's recommendation and suggests the following motion:
I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the
Comprehensive Plan because it provides for the types of uses and recommended density for the General Residential
place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project
will provide housing in close proximity to other residential uses, transitioning from a high traffic corridor into a lower -
density neighborhood.
Proposed Conditions:
1. No accessory dwelling units will be permitted on these lots.
2. Area for possible right-of-way acquisition by NCDOT forfuture highway project will be set aside in common area.
3. All trees will remain in open area except those removed for stormwater.
4. There will be no more than four driveway cuts across the seven lots.
Alternative Motion for Denial (if, based on information provided at the public hearing or other consideration beyond
the scope of staff review, the Board finds recommending denial appropriate)
I move to DE NY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the
Comprehensive Plan because it provides for the types of uses and recommended density for the General Residential
place type, I find DENIAL of the rezoning request reasonable and in the public interest because the planned
improvements to N College Road will restrict future access to the site increasing potential safety concerns for vehicles
exiting the highway and increases single-family housing directly adjacent to a major highway corridor, impacting future
residents of the proposed homes.
ATTACHMENTS:
Z23-13 BOC Script
Z23-13 BOC Staff Report
Z23-13 Zoning Map
Z23-13 Future Land Use Map
Z23-13 Mailout Map
Initial Application Coker Sheet
Z23-13 Application
Concept Plan Corer Sheet
Z23-13 Concept Plan
Z23-13 Public Comments Coker Sheet
Z23-13 Public Comments in Opposition
Board of Commissioners - August 7, 2023
ITEM: 10
Z23-13 Staff Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval with staff conditions.
COMMISSIONERS' ACTIONS:
Board of Commissioners - August 7, 2023
ITEM: 10
BOARD OF COMMISSIONERS SCRIPT
for Zoning Map Amendment Application (Z23-13)
Rezoning Request (Z23-13) - Request by Cindee Wolf with Design Solutions, LLC, applicant, to rezone
four parcels totaling approximately 0.92 acres of land located at 4801, 4805, 4809, and 4813 Shelley
Drive from R-15, Residential to (CZD) R-5, Residential for a maximum of 7 single-family residential
lots.
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 the proposed rezoning. I find it to be CONSISTENT with the purposes and
intent of the Comprehensive Plan because it provides for the types of uses and recommended
density for the General Residential place type. I also find APPROVAL of the rezoning request '
is reasonable and in the public interest because the project will provide housing in close
proximity to other residential uses, transitioning from a high traffic corridor into a lower -density
neighborhood.
Proposed Conditions
1 . No accessory dwelling units will be permitted on these lots.
2. Area for possible right-of-way acquisition by NCDOT for future highway project will be
set aside in common area.
3. All trees will remain in open area except those removed for stormwater.
4. There will be no more than four driveway cuts across the seven lots.
Board of Commissioners - August 7, 2023
ITEM: 10- 1 -1 I=
Alternative Motion for Denial (if, based on information provided at the public hearing or other
consideration beyond the scope of staff review, the Board finds recommending denial appropriate)
I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes
and intent of the Comprehensive Plan because it provides for the types of uses and
recommended density for the General Residential place type, I find DENIAL of the rezoning
request reasonable and in the public interest because the planned improvements to N College
Road will restrict future access to the site increasing potential safety concerns for vehicles
exiting the highway and increases single-family housing directly adjacent to a major highway
corridor, impacting future residents of the proposed homes.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] of the proposed rezoning to a conditional R-5 district. I find it to be
[Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert
reasons]
I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest
because [insert reasons]
Board of Commissioners - August 7, 2023
ITEM: 10- 1 - 2
STAFF REPORT FOR Z23-13
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z23-13
Request:
Rezoning to a Conditional R-5 district
Applicant:
Property Owner(s):
Whit Beebe, Rolina Homes NC, LLC
Rolina Homes, NC LLC
Location:
Acreage:
4801, 4805, 4809 & 4813 Shelley Drive
0.92
PID(s):
Comp Plan Place Type:
R04216-020-005-000, R04216-020-004-000,
General Residential
R04216-020-003-000, R04216-020-002-000
Existing Land Use:
Proposed Land Use:
Undeveloped
7 Single -Family Detached Dwellings
Current Zoning:
Proposed Zoning:
R-15
(CZD) R-5
It
North
ZONING
B-2
0 R-10
0 R-15
O Z23-13
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SURROUNDING AREA
AREA
LAND USE
ZONING
North
Single -Family Residential
R-15
East
Single Family Residential
R-15
South
BP Gas Station and Convenience Store
B-2
West
N College Road & Single -Family Residential
R-10
Z23-13 Staff Report BOC 8.7.2023
Page 1 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 1
North
m d'qr
/ Shelley Dr
rr
ZONING HISTORY
July 1, 1972 Initially zoned R-15, area 9A
COMMUNITY SERVICES
Water/Sewer
Water and sanitary sewer services are available through CFPUA.
Fire Protection
New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Murrayville Station
Schools
Blair Elementary, Trask Middle, and New Hanover High Schools
Recreation
Kings Grant Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
No known conservation resources
Historic
No known historic resources
Archaeological
No known archaeological resources
Z23-13 Staff Report BOC 8.7.2023
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 2
Page 2 of 18
APPLICANT'S PROPOSED CONCEPTUAL PLAN
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Includes Staff Markups
• The applicant is proposing to construct seven single-family detached housing units on seven
lots.
• Under the proposed (CZD) R-5 zoning district, the applicant has proposed a condition that
no Accessory Dwelling Units (ADUs) are allowed.
• The applicant's proposed conceptual plan includes 8,050 sq ft of open space to the north
of the lots to be used for open space and stormwater management.
• The applicant's proposed conceptual plan includes a 20' common area to the west of the
lots that will be set aside for possible right-of-way acquisition by NCDOT for future highway
projects.
• The applicant has agreed to a condition to preserve all trees in the open space except those
necessary for removal for stormwater.
• The applicant has also agreed to a condition that there will be no more than four driveway
cuts across the seven lots.
Z23-13 Staff Report BOC 8.7.2023
Page 3 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 3
ZONING CONSIDERATIONS
• The R-15 district in this area was established in 1972. At the time, the purpose of the R-15
district was to ensure that housing served by private septic and wells would be developed
at low densities. Since that time, water and sewer services have become available.
• While the site is zoned R-15, the N. College Road corridor is a heavily traveled roadway.
There is some commercial development nearby, namely the fuel stations to the south.
• As currently zoned, the subject site would be allowed four single-family dwellings- one on
each of the four existing lots.
• Both the R-15 and R-5 zones permit ADUs by -right. However, the applicant's proposed
condition restricts development to one house per lot.
• Conventional Residential Subdivisions require 10% of the total area to be set aside as open
space. Performance Residential Subdivisions require 20% of the total area as open space.
The total area of this development, at 40,035 square feet, would require 4,004 sq ft of
open space in a Conventional Residential Subdivision, and 8,008 sq ft of open space in a
Performance Residential Subdivision. The applicant's concept plan includes 18,050 sq ft of
open space, exceeding this requirement.
• The R-5 district was established to provide lands that accommodate moderate to high
density single-family detached and single-family attached development.
• If approved, the project would be subject to Technical Review Committee and zoning
compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
Z23-13 Staff Report BOC 8.7.2023
Page 4 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 4
AREA DEVELOPMENTS
a-- STIP Project
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Approved TIA
Subdivisions • - +I viol 1
Construction
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Z23-13 Staff Report BOC 8.7.2023 Page 5 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 5
TRANSPORTATION
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Primary Access: q°
Drive Way Access ,
Shelley Drive
f via College Road L
CURRENT CONDITIONS
Intensity of Current Zoning
Typical development under current zoning would allow
a maximum of 4 single-family dwelling units.
PROPOSED ACCESS
Primary Access
Shelley Drive via full -access driveways.
Secondary Access
N/A
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway
N College
Shelley Drive
Type of Roadway
NCDOT Principle Arterial
Local Road
Roadway Planning Capacity (AADT)
41,369
10,979
Latest Traffic Volume (AADT)
48,500
N/A
Latest WMPO Point -in -Time County (DT)
41,231
N/A
Current Level of Congestion
Over Capacity
N/A
Z23-13 Staff Report BOC 8.7.2023
Page 6 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 6
NEARBY NCDOT STIP ROADWAY PROJECTS
- Improvements to College Road from Gordon
Road to New Centre Drive.
- May include additional lanes, possible
interchanges at Kings Drive and Ringo Street
and minor modifications of the College
U-5881 — College Road (NC 132)
Road/Market Street interchange.
Improvements
- This project will close the intersection of Shelley
Drive and N College Road. Traffic will be
routed further east on Shelley Drive, to travel
north on Kings Grant Dr to access N College
Road.
- 2025-2028 ROW acquisition and bidding.
- Project encompasses access management
improvements on US 17 Bus. Between CSX
Railroad to Cinema Drive and Jacksonville
U-4902B — US 17 Business (Market St)
Street to north of US 1 17/NC 132 (College
Rd).
- Right -of -Way is in progress.
- Project encompasses access management
improvements on US 17 Bus. From US 1 17/NC
U-4902C — US 17 Business (Market St)
132 (College Road) to Station Road.
- Right -of -Way is in progress.
- Widening of Gordon Road from 1-40 to US 17
U-6202 (Gordon Road)
Bus. (Market St).
- Anticipated start date of Summer 2024.
TRAFFIC GENERATION
Traffic
Traffic Generated
Potential
Generated by
by Proposed
Impact of
Present
Designation
Proposed
Designation
Designation
AM Peak Hour Trips
3
5
+2
PM Peak Hour Trips
4
7
+3
TRAFFIC IMPACT ANALYSIS (TIA)
The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the
ordinance requirement for a Traffic Impact Analysis (TIA).
Z23-13 Staff Report BOC 8.7.2023
Page 7 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 7
SUMMARY
The proposed project is located along a major arterial highway that is currently over capacity;
however, the N College Road improvements are expected to improve traffic conditions in this area
in the next several. years. Based on preliminary designs, the future improvements to N College Road
and Shelley Drive will restrict access to these properties. NCDOT has stated that future access would
be accommodated through the roadway design process that may reduce the potential for traffic
conflicts, but this design has not yet been finalized. The proposed project's peak hour traffic is below
the 100 peak hour threshold requiring a traffic impact analysis, but NCDOT will review the project
through the driveway permitting process.
Z23-13 Staff Report BOC 8.7.2023
Page 8 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 8
ENVIRONMENTAL
• The property is not within a Natural Heritage Area. The property is not located within a
Special Flood Hazard Area.
• The property is within the Smith 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) soils. 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 Blair Elementary School,
Trask Middle School, and New Hanover High School. Students may apply to attend public
magnet, year-round elementary, or specialty high schools.
• A maximum of 4 dwelling units would be permitted under the current R-15 zoning base
density, and 7 units could potentially be developed under the proposed zoning for an
increase of 3 dwelling units.
Based on a generalized historic generation rate*, staff would estimate that the increase in
homes would result in approximately 1 additional student 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 most
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
4 residential units
Approximate** Total: 1
Current Zoning
(0 elementary, 0 middle, 0 high)
Proposed Zoning
7 residential units
Approximate** Total: 2
(1 elementary, 0 middle, 1 high)
*The current general student generation rate was calculated by dividing the New Hanover County public school student
enrollment for the 2022-2023 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 0.07 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.
Z23-13 Staff Report BOC 8.7.2023
Page 9 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 9
**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.
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** (2022-2023 School Year)
Total
Enrollment of
Capacity of
Capacity of
Funded or
Level
NHC
School
Assigned
Assigned
Assigned
Planned
Capacity
School
School
School
Capacity
w/Portables
Upgrades
Elementary
91 %
Blair
421
525
80%
None
Middle
92%
Trask
672
655
103%
None
High
98.5%
New Hanover
1467
1678
87.4%
None
*Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year.
**Capacity calculations were determined based on the capacities for the 2022-2023 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 2021 facility needs survey 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.
Z23-13 Staff Report BOC 8.7.2023
Page 10 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 10
New Hanover County Strategic Plan
• One of the goals of the New Hanover County Strategic Plan for 201 8-2023 is to encourage
the development of complete communities in the unincorporated county by increasing
housing diversity and access to basic goods and services.
• The predominant housing type in the area is single family detached at 89%. Under the
proposed R-5 district the site would allow for single family detached homes. Due to the
number of units proposed, single family detached would remain at 89%.
• The subject property is located in the Gateway community area, where 40% 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.). Under the proposed R-5
district and the number of units proposed, there would be no change to the number of
residences within one -mile of goods and services.
Z23-13 Staff Report BOC 8.7.2023
Page 11 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 11
Representative Developments
Representative Developments of R-15 in the Kings Grant neighborhood (Existing Zoning:
Kings Grant, Shelley Drive
Kings Grant, Shelley Drive
Z23-13 Staff Report BOC 8.7.2023
Page 12 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 12
Representative Developments of R-5 (Proposed Zoning:
R-5 in the City of Wilmington
Smith Creek Village on New Centre Drive near Kerr Avenue
Z23-13 Staff Report BOC 8.7.2023
Page 13 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 13
Context and Compatibility
• The properties are located at an entrance to the Kings Grant subdivision at the intersection
of Shelley Drive and N College Road.
• The majority of the Kings Grant neighborhood is zoned for low -density residential.
• While most of the surrounding area is residential, the properties lie across Shelley Drive
from a fuel station and convenience store.
• As the concept plan notes, NCDOT plans to make improvements to the N College Road
corridor with a 2025-2028 ROW acquisition and bidding date, focusing on the section
between New Centre Drive and Gordon Road. The applicant has set aside common space
for possible future NCDOT right of way acquisition.
• NCDOT's plan includes a right turn off N College Road which will result in the removal of
the fuel station and convenience store to the south of these parcels, and which will likely
restrict access to these parcels.
• This roadway project has been incorporated with STIP project U-5792 and is in the design
phases. Project design includes elevation of N College over Ringo Drive, Martin Luther King
Jr Parkway and Kings Grant.
• This project will restrict the Shelley Drive access at N College Road. NCDOT indicated that
a small stem of Shelley may be created to accommodate access to the parcels, but this
would come later in design and right-of-way plan preparation.
• While transitions from commercial to progressively lower housing densities is preferred, the
funded NCDOT project is anticipated to acquire additional right-of-way that will eliminate
some of these transitions and place the highway in closer proximity to existing residential
uses.
Z23-13 Staff Report BOC 8.7.2023
Page 14 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 14
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.
Site
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COMMERCE
EMPLOYMENTENTCENTER f j�1T Tn I ' r rTh Q
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URBAN MIXED USE
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Future Land Use
General Residential
Map Place Type
Focuses on lower -density housing and associated civic and commercial
services. Typically, housing is single-family or duplexes. Commercial uses
Place Type
should be limited to strategically located office and retail spaces, while
Description
recreation and school facilities are encouraged throughout. Types of uses
include single-family residential, low -density multi -family residential, light
commercial, civic, and recreation.
Z23-13 Staff Report BOC 8.7.2023
Page 15 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 15
The subject properties are located along Shelley Drive at its intersection
with N College Road, a heavily traveled roadway. Most of the surrounding
development is residential, however there is a convenience store across
Shelley Drive from these parcels. This area of Kings Grant serves as an
entrance to the neighborhood, transitioning from the more heavily driven N
College Road to slower neighborhood roads.
The Comprehensive Plan classifies the properties as General Residential,
which promotes lower -density, single family uses and light commercial. The
Comprehensive Plan recommends a maximum density of 8 units per acre in
Analysis
the General Residential place type.
The applicant is proposing 7 houses on 7 parcels, for an overall density of
approximately 7 units per acre. The proposed use is in line with the
Comprehensive Plan's recommendations for the General Residential Place
type. While the surrounding Kings Grant neighborhood remains zoned for
low -density residential, the location of these parcels is adjacent to the high -
traffic N College Road corridor; the higher -density housing proposal could
help serve as a transition from high -traffic to low -density housing. Future
access to these parcels may be complicated by NCDOT planned
improvements.
The proposed (CZD) R-5 rezoning is generally CONSISTENT with the 2016
Consistency
Comprehensive Plan because the project is in line with the density and
Recommendation
housing type recommendations for the General Residential place type. The
project would provide a transition between the high -intensity roadway
corridor and the existing low -density neighborhood.
Z23-13 Staff Report BOC 8.7.2023
Page 16 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 16
PLANNING BOARD ACTION
The Planning Board considered this application at the July 6, 2023 meeting. The Planning Board
voted to recommend approval of the petition (5-0), with the Board recommending a wording
change to condition four to allow for less specificity in the required location of the four driveway
cuts.
The Planning Board found it to be CONSISTENT with the 2016 Comprehensive Plan because the
rezoning provides for the types of uses and recommended density for the General Residential place
type.
The Board also found RECOMMENDING APPROVAL of the project was reasonable and in the
public interest because the project will provide housing in close proximity to other residential uses,
transitioning from a high traffic corridor into a lower -density neighborhood.
STAFF RECOMMENDATION
Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations and technical review. While the proposal is in line with the density recommended by
the place type, and the project would provide slightly more housing than is currently zoned, planned
NCDOT improvements are expected to impact existing and future development in this corridor.
The proposed R-5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because
it provides for the types of uses and recommended density for the General Residential Place type,
and the project will provide housing in close proximity to other residential uses, transitioning from a
high traffic corridor into a lower -density neighborhood.
Staff concurs with the Planning Board's recommendation and suggests the following motion:
I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because it provides for the types of
uses and recommended density for the General Residential place type. I also find
APPROVAL of the rezoning request is reasonable and in the public interest because
the project will provide housing in close proximity to other residential uses, transitioning
from a high traffic corridor into a lower -density neighborhood.
Proposed Conditions
1 . No accessory dwelling units will be permitted on these lots.
2. Area for possible right-of-way acquisition by NCDOT for future highway project
will be set aside in common area.
3. All trees will remain in open area except those removed for stormwater.
4. There will be no more than four driveway cuts across the seven lots.
Alternative Motion for Denial (if, based on information provided at the public hearing or other
consideration beyond the scope of staff review, the Board finds recommending denial appropriate)
I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the
purposes and intent of the Comprehensive Plan because it provides for the types of
Z23-1 3 Staff Report BOC 8.7.2023 Page 17 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 17
uses and recommended density for the General Residential place type, I find DENIAL
of the rezoning request reasonable and in the public interest because the planned
improvements to N College Road will restrict future access to the site increasing
potential safety concerns for vehicles exiting the highway and increases single-family
housing directly adjacent to a major highway corridor, impacting future residents of
the proposed homes.
Z23-13 Staff Report BOC 8.7.2023
Page 18 of 18
Board of Commissioners - August 7, 2023
ITEM: 10- 2 - 18
Case:
Z23-13
Site Address:
4800 Block of
Shelley Drive
COMMERCE ZONE
EMPLOYMENT CENTER
GENERAL RESIDENTIAL
URBAN MIXED USE
CONSERVATION
Z23-13
Existing Zoning/Use:
R-15
ens
Board of Commissioners - August 7, 2023
ITEM: 10- 4 - 1
Proposed Zoning/Use: N
CZD R-5
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Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N
Z23-13 4800 Block of R-15 CZD R-5
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Initial Application
Documents & Materials
Board of Commissioners - August 7, 2023
ITEM: 10- 6 - 1
NEW HANOVER COUNTY
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (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.
(Optional)
Pre -Application
Conference
1. Applicant and Property Owner Information
Applicant/Agent Name
Owner Name (if different from Applicant/Agent)
Cindee Wolf
Rolina Homes NC, L.L.C.
Company
Company/Owner Name 2
Design Solutions
Address
Address
P.O. Box 7221
501 Bramson Court
City, State, Zip
City, State, Zip
Wilmington, NC 28406
Mount Pleasant, SC 29464
Phone
Phone
910-620-2374
804-516-6290 (Contact: Whit Beebe)
Email
Email
cwolf@lobodemar.biz
whitbeebe@rolinahomes.com
Board of Commissioners - August 7, 2023 Page 1 of 6
ITEM: 10- 7-L-1onditional Zoning District Application — Updated 02-2022
2. Subject Property Information
Address/Location
Parcel Identification Number(s)
4801, 4805, 4809 & 4813 Shelley Drive
314805.18.6331, 7239, 8229 & 9238
Total Parcel(s) Acreage
Existing Zoning and Use(s)
Future Land Use Classification
40,035 s.f. (0.92 ac.)
R-15
General Residential
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: CZD / R-5 I Total Acreage of Proposed District: 0.92 ac.
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.
Board of Commissioners - August 7, 2023 Page 2 of 6
ITEM: 10- 7-C2onditional Zoning District Application — Updated 02-2022
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: Single-family Homes (210)
Trip Generation Use and Variable (gross floor area, dwelling units, etc.) per Dwelling Unit (7)
AM Peak Hour Trips: 5 I PM Peak Hour Trips: 7
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.
Board of Commissioners - August 7, 2023 Page 3 of 6
ITEM: 10- 7-C3onditional Zoning District Application — Updated 02-2022
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?
Board of Commissioners - August 7, 2023 Page 4 of 6
ITEM: 10- 7-donditional Zoning District Application — Updated 02-2022
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
❑ This application form, completed and signed
Applicant Initial
CAW
❑ Application fee:
• $600 for 5 acres or less
• $700 for more than 5 acres
• $300 in addition to base fee for applications requiring TRC review
CAW
❑ Community meeting written summary
CAW
❑ Traffic impact analysis (if applicable)
• The official TIA approval letter is recommended prior to this item being
placed on the Planning Board meeting agenda. The Planning Board may
choose to continue the hearing until the official TIA approval letter is provided.
• The official TIA approval letter is required prior to this item being placed on
the Board of Commissioners meeting agenda.
NSA
❑ Legal description (by metes and bounds) or recorded survey Map Book and Page
Reference of the property requested for rezoning
CAW
❑ Conceptual Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
• Proposed use of land, building areas and other improvements
o For residential uses, include the maximum number, height, and type
of units; area to be occupied by the structures; and/or proposed
subdivision boundaries.
o For non-residential uses, include the maximum square footage and
height of each structure, an outline of the area structures will occupy,
and the specific purposes for which the structures will be used.
• Proposed transportation and parking improvements; including proposed
rights -of -way and roadways; proposed access to and from the subject site;
arrangement and access provisions for parking areas.
• All existing and proposed easements, required setbacks, rights -of -way, and
buffers.
• The location of Special Flood Hazard Areas.
• A narrative of the existing vegetation on the subject site including the
approximate location, species, and size (DBH) of regulated trees. For site
less than 5 acres, the exact location, species, and sized (DBH) of specimen
trees must be included.
• Approximate location and type of stormwater management facilities
intended to serve the site.
• Approximate location of regulated wetlands.
• Any additional conditions and requirements that represent greater restrictions
on development and use of the tract than the corresponding general use
district regulations or additional limitations on land that may be regulated by
state law or local ordinance
CAW
❑ 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.
CAW
❑ One (1) digital PDF copy of ALL documents AND plans
CAW
Board of Commissioners - August 7, 2023 Page 5 of 6
ITEM: 10- 7 -conditional Zoning District Application — Updated 02-2022
7. Acknowledgement and Signatures
By my signature below, I understand and accept all of the conditions, limitations, and obligations of the
Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is
presumed to be correct. I certify that this application is complete and that all information presented in this
application is accurate to the best of my knowledge, information, and belief.
If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions
on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on
my behalf to:
1. Submit an application including all required supplemental information and materials;
2. Appear at public hearings to give representation and comments;
3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with
or arising out of this application; and
4. Pr vide written co to any and all conditions of approval.
Whit Beebe for Rolina Homes NC, L.L.C.
Signature of Property Owner(s) Print Nome(s)
Cynthia Wolf - Design Solutions
Signature of Applicant/Agent Print Name
Note. This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is
required for each owner of record.
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice
has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. if delay is
requested after notice has been sent to the newspaper, the Board will act on the request of the scheduled meeting and are
under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee
schedule as published on the New Hanover County Planning websife will be required.
Page 6 of 6
Board of Commissioners - 1N9YP)JJQ;4,g District Application — Updated 02-2022
ITEM: 10- 7 - 6
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SETBACKS
FRONT: 25'
FRONT: 30' (PER M.B. 17, PG. 44)
SIDE STREET: 15'
SIDE: 10'
REAR: 20'
(PER NHC UDO R-15 ZONING)
SYMBOL LEGEND:
• EI*
EXISTING IRON *PIPE / *ROD
A
WATER VAVLE
FIRE HYDRANT
SIGN
`�
POWER POLE
-3
GUY WIRE
LINETYPE LEGEND:
30.7'
A TELEPHONE PEDESTAL
TEL
0 CABLE TV PEDESTAL
AELECTRICAL PEDESTAL
FFIBER OPTIC MARKER
25.5'o GROUND SHOT ELEVATION
\,3, TREE SIZE & SPECIES
SURVEYED LINES (BOUNDARY)
BUILDING SETBACK LINE
LINES NOT SURVEYED (ADJOINERS)
- - - RIGHT-OF-WAY
EASEMENT LINE
CENTER LINE OF ROAD
DITCH TOP
DITCH BOTTOM
- -OHE OVERHEAD ELECTRIC LINE
---- 24 - MINOR CONTOUR WITH ELEVATION
--- 25 - MAJOR CONTOUR WITH ELEVATION
ABBREVIATIONS:
ECM EXISTING CONCRETE MONUMENT
EIR EXISTING IRON ROD
RBS REBAR SET
TYP TYPICAL
MGS MAG NAIL SET
CMP CORRUGATED METAL PIPE
1
I
I
LOT 877
KINGS GRANT
1 SECTION 14
I MAP CABINET 17, PAGE 44
MELISSA RODRIGUEZ
I DEED BOOK 6416, PAGE 59
1
I
I
1 /
1 /
I S .42' 34" E /
/ 28.42'
EIR \ EIR 030.2'
8"MAPLE
^� CLUSTERE1 14" INE S 7g3227" E 71.58'
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LOT 878
KINGS GRANT
SECTION 14
MAP CABINET 17, PAGE 44
DAVID K. & BILLIE J. MILLARD
DEED BOOK 6399, PAGE 1990
LOT 879
KINGS GRANT
SECTION 14
MAP CABINET 17, PAGE 44
DANIEL L. & WENDY T. KREPPS
DEED BOOK 6408, PAGE 2467
CURVE TABLE
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
Cl
1214.85
110.08
110.04
N 83'47 40 W
5'11 30
C2
1214.85'
31.41'
31.41'
N 80'27'29" W
1'28'54"
C3
20.00'
31.52'
28.35'
N 34'31'53" W
90*17'02"
LOT 880
KINGS GRANT
SECTION 14
MAP CABINET 17, PAGE 44
BEVERLY C. JR, & ANITA D. COSTIN
DEED BOOK 6400, PAGE 2895
6 PINE g qK 10 MAPLE
- 31- S 79 42'52" E 99.9 T I I
- 12 PINE 16"PNE
/ ®31.5'
14"PIE IPINE �14-PINE
\ 20" INE EIP
MAPLE 14"PIE 14"PINE 14"PINE
14PINE� 12 P� 12 PINE p -31 �j� 7943'08„
IN� 12 PINE 12PINIE E102.036"PINE 12PNE �_I 30 INE 10"TWIN
I 1 "PINE MAPLE
i6"PNE i6"PIN 12-PIN
30' 1 "PINE
8"OAK 14"PI E 12"PINE 1�E AINE 1 10 APLE 3 EIR
\ / "PINE / -29 \ 14 PINE 14"PINE I 12"PIE 1\ \ 31 S 83 22'45"
/ ®28.41 I 12"PINE
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16"PNE / / I 12 PINE 8 MA NOLIA 14"PNE $2AOK
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16"PINE '� 4"PINE
I 14 PINE g0 14"PIE
1 INE 2 I �14"PINE 12'PINE �
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16"PINE 14'PI E 14"TRIPLE MAPLE 12" I E10 OAK
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29.8, 8"TWI WEETGUM LOT V 8 9 10"MAPLE �V d r� _ 8"C ERRY
8"MAPLE ® O / 1�' 16"PNE °�� 12"PINE . - 1 "PINE
E8"MAPLE -30 Q ®28.3' "12PINIE _ I _
14,924 S.F. / / APINE / \ �r 8"TWIN
4801 SHELLEY DR o IPINE %� 8"oAK 20"PIN I OA
20 PINEPARCELID: 12"PINE 14'PINE 14"PIE E ®30.2' 14"PIN IPINE
R04216-020-005-000 14"PIN% 16PINE/ 3 / 1 "OAK 12 PINE 12'PINE''1`\E14 PINE 12"PIN 1 "PIN 12 PINE 1"AK A I 12" 1 E
12PINIE �O, 0 24"PI EE c,a?r 1 PINE �� /
2 "PINE / / 14" INE
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12"PINE 2 "PINE / IN 12"PNE L O 1 v v v K 3 / ® 16"P NE 14, 991 S . F. � 14" 1 P E II i6"PNE ! / ®30.3' p 31.4 T MAGNOLIAA IN
N
14 PINE I 14, 9 9 O S . F. 16"PNE 14"PINE \ LOT lJ V
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20"P E 12 PINE E / 4805 SHELLEY DR o 1*14E
/12" INE 12 PINE I 12"PINE
/ 12 PINE
1 14' INE ®31.5' / ^ � / I 15,327 S.F.
PARCEL ID: �'
12PINE IPINE / ���', 16" INE 14"PIE 4 PINE
R04216-020-004-000 / %� - � "� 8 TWIN/MAPLE
_NE 14"TRIPLE OAK / /NE '"1'20"PINE 30.4' o 12"PINE ®31.6'
12" K 4809 SHELLEY DR ^�
\ F\ 14 PINE / o / /
r'� 26 INE 16"PNE ®31.4' he's PARCEL ID: 8'MAGNOLIA I6"PINE
_ INE31.1� $ �14�E R04�IN6-020-003-000 /v> 12"PINE 00 LOT 885
G3 r, ®31.3' 14"PINE
`� �� EXISTING EDGE 30.4' 14" IN-
.�� 29.5' OF WOODS (TYP) _ 8" AK \ / ®31.3' KINGS GRANT
1 4813 SHELLEY DR SECTION 14
�10" NN MAPLE<� r', 12PINIE MAP CABINET 17, PAGE 44
14 PINE 14"PN / PARCEL ID: to 30.5' \ EIP 12PINIE BILLY M. STRICKLAND
w 12 PINE _ 8"MAGNOLIA R04216-020-002-000 o DEED BOOK 6274,
\ 29.5' \ 031.4' o PAGE 2741
N 79 43'00" W 80.00' 16"PNE 14 PINE 12"OAK d�+ "PINE 10"MAGNOLIA "
_ 16 PI
3� 14 PINE 1 "PINE 14"PINE 16"PIN 12"PNE \ 29.5' � � EIR � �
��-30� �\ 31.3' 14 PINE 12"PINE \ \MAPLE CLUSTER \ 31.5'®'1\' 12PINE
30 7' -30
31.1'
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30 -31 ro DEED BOOK 6274, 12"PINE 20 PINE
3p 14"PIN I PAGE 1894
DOH �"PINE �
30.4' 30.5' EDGE ITCH �9'43 W OPTIC 12 PINE 30.8' 8"OAK a' EXISTING EDGE
OF Pgt�MENT �� T4; � �52�� EIR VAULT ��� 12 PINE OF WOODS (TYP)
' 31.8' 14E
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Cl S 89'11'03" E 118.10' (TIE)
SITE BENCHMARK 30- _o"3p- �yYN_OHE EIP - - - - - - - - - -
_ _ MAG NAIL SET IN PAVEMENT /\ AELc
/ ELEVATION: 30.59' 12 PINE 30.4' -�� �" POWER POLE
- - _ SHE% 30.6' _ _OE �H��---- 15"CMP---------
LL - - - - - - - - - - - - - - -
- V � � �- - - - - �OHE� � INVERT:
- 60 r P y �RI T j INVERT: 29.1'
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GENERAL NOTES
1. THIS IS A BOUNDARY, TOPOGRAPHIC AND TREE SURVEY.
2. BEARINGS FOR THIS MAP ARE REFERENCED TO MAP BOOK 17, PAGE 44.
3. ELEVATIONS ARE REFERENCED TO NAVD 88.
4. PROPERTY IS ZONED: R-15 (RESIDENTIAL DISTRICT).
5. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE NOTED.
6. UNITS ARE U.S. SURVEY FEET UNLESS OTHERWISE NOTED.
7. AREA BY COORDINATE GEOMETRY.
8. NO GRID MONUMENTS FOUND WITHIN 2000' OF SITE.
9. THIS SURVEY PERFORMED AND MAP PREPARED WITHOUT BENEFIT OF A TITLE REPORT. THIS SURVEY SUBJECT TO ANY FACTS
AND EASEMENTS WHICH MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.
10. FLOOD NOTE: AS DETERMINED BY GRAPHIC PLOTTING, THIS PROPERTY DOES NOT APPEAR TO BE LOCATED IN A SPECIAL
FLOOD HAZARD AREA PER FEMA FLOOD INSURANCE RATE MAP #3720314800K, EFFECTIVE DATE AUGUST 28, 2018.
11, UTILITY STATEMENT: THE UNDERGROUND UTILITIES SHOWN (IF ANY) HAVE BEEN LOCATED FROM COUNTY GIS INFORMATION,
EXISTING DRAWINGS & FIELD SURVEY INFORMATION. THE SURVEYOR MAKES NO GUARANTEE THAT THE UTILITIES SHOWN
COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED, OR THAT THE UNDERGROUND UTILITIES
SHOWN ARE IN THE EXACT LOCATION INDICATED. HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS
POSSIBLE FROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES.
12. COUNTY PARCEL ID: R04216-020-002-000, R04216-020-003-000, R04216-020-004-000, R04216-020-005-000.
13. MAP AND DEED REFERENCES SHOWN ARE PER THE NEW HANOVER COUNTY REGISTRY. DB 5418-PG 2762, DB 6274-PG
1894, DB 6400-PG 2895.
14. CURRENT OWNER: TF HOLDINGS LIMITED PARTNERSHIP
1202 EASTWOOD ROAD, WILMINGTON, NC 28403
TOPOGRAPHY CERTIFICATION
I HEREBY CERTIFY THAT THE TOPOGRAPHIC SURVEY SHOWN HEREON IS BASED ON AN
ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION AND ACCURATELY REPRESENTS
THE PHYSICAL FEATURES THEREON WITHIN THE AREAS SURVEYED AT THE TIME OF THIS
SURVEY. THIS SURVEY MEETS THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN
NORTH CAROLINA (21NCAC56.1600)
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P303230080
ITEM: 10- 7 - 9
Legal Description for
Conditional Zoning District
4801, 4805, 4809 & 4813 Shelley Drive
Beginning at a point in the eastern boundary of North College Road (N.C. Highway 132), a 200'
public right-of-way; said point being at the intersection with the northern boundary of Shelley
Drive (S.R. 2009), a 60' public right-of-way; and running thence with the N. College Road right-
of-way:
North 10016'35"
East, 129.89 feet to a point; thence leaving the right-of-way,
South 80009'34"
East, 28.42 feet to a point; thence
South 79032'27"
East, 71.58 feet to a point; thence
South 79042'52"
East, 99.97 feet to a point; thence
South 79043'08"
East, 102.03 feet to a point; thence
South 83022'45"
East, 95.00 feet to a point; thence
South 06004'15" West, 148.24 feet to a point in the northern boundary of Shelley Drive; thence
with that right-of-way,
Along a curve to the right, having a Radius of 1214.85 feet and Length of 141.49 feet, a Chord of
North 83003'13" West, 141.41 feet to a point; thence
North 79043'00" West, 246.50 feet to a point; thence
Along a curve to the right, having a Radius of 20.00 feet and Length of 31.52 feet, a Chord of
North 34031'53" West, 28.35 feet to the point and place of beginning, containing
60,240 square feet, or 1.38 acres, more or less.
Board of Commissioners - August 7, 2023
ITEM: 10- 7 - 10
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Project Name: Rolina Homes / 4501, 4505, 4509 & 4513 Shelley Drive
Proposed Zoning: R-15 to (CZD) R-5 (1.38 ac.)
The undersigned hereby certifies that written notice of a community meeting on the above
zoning application was given to the adjacent property owners set forth on the attached list by
first class mail, and provided to the Planning Department for notice of the Sunshine List on
May 18, 2023 . A copy of that written notice and site layout are also attached.
The meeting was held at the following time and place: Tuesday, May 30t"
6:00 p.m.; at Picnic Shelter #3, Long Leaf Park.
The persons in attendance at the meeting were: Reference attached sign -in list
The following issues were discussed at the meeting: A brief presentation was given on the
intent of the developer to construct seven (7) new 2-story, single-family homes. The process
of rezoning was explained with the dates provided for the expected Planning Board and
Commissioners public hearings. Conversation included future changes in traffic circulation
due to the NCDOT project at the MLK Blvd. / N College Rd. intersection, architectural style,
estimated onset of construction, and noise or other impacts during construction.
Additional contact was made the following morning, and addressed in a return email
(attached).
Date: May 31, 2023
Applicant: Design Solutions
By: Cindee Wolf
Board ot Uommissioners - August
ITEM: 10- 7 - 11
Community Information Meeting
Rolina Homes - Shelley Drive
Date: May 30, 2023
Name
Address
Email (Optional)
Jay Talbert
4810 Shelley Dr
jtalbert@tbiilm.com
Carolyn Brand
4818 Lord�Lnce
cnbrand@ec.rr.com
44
Moench / Stauble
4817 Lord Nance Dr
deirdre.moench@gmail.com
Whit Beebe
Owner / Developer
whitbeebe@rolinahomes.com
Cindee Wolf
Project Planner
cwolf@lobodemar.biz
Board of Commissioners - August 7, 2023
ITEM: 10- 7 - 12
From:
cwolfCablobodemar.biz
To:
"Deirdre Moench"
Cc:
"whitbeebe rolinahomes.com"
Subject:
RE: Design Solution inquiry
Date:
Wednesday, May 31, 2023 9:20:00 AM
Attachments:
NCDOT Proi.odf
Arch-5UIe.pdf
CZD Plan Mav30.odf
Sorry for the email delivery error. I have received your message.
One of the differences in this land as compared to yours on a cul-de-sac is that the property across the street is zoned
and used for commercial purposes. This parcel's location closer to the busy highway is certainly reasonable
justification for a "transitional" use - but this Owner is not trying to yield an attached housing or non-residential
use. The builder will need to adjust his marketing to offset those impacts, but based on the region's well -publicized
deficit of homes for the influx of new residents, we believe that the project is a good one, and will be successful.
Although the future NCDOT project is still several years to come, we have adjusted our layout to address the
probability of land acquisition for widening. The intersection of Shelley Drive with N College Road will eventually
be closed, in exchange for access from extension of the "service road" that currently ends at the Church. The
additional trip generation between the four existing home lots and the proposed seven lots, is negligible to the
overall traffic. Shelley Drive has adequate design capacity.
This project will be required to provide stormwater management to meet current regulations by both the State and
County - something that the older Kings Grant community does not have.
Although the proposed architecture for the project is not the more traditional ranch -style of Kings Grant, again I cite
the adjacency to the C-store, boarded -up retail building and 2-story office building. As to any impact on
surrounding property values, new building in an older neighborhood typically enhances the values of the
neighborhood not only with upgrade of aesthetics, by providing higher comparable appraisals with current market
pricing.
The process began with the community information effort. We intend to submit the rezoning petition to the County
tomorrow, June 1 st. You will receive a notice directly from the County around the 3rd week of June that there is a
public hearing by the Planning Board on Thursday, July 6th. That is the opportunity for anyone to come out and
speak in support, or opposition, to the proposal. That Board provides a recommendation to the Commissioners who
will have the ultimate vote on approval or denial on Monday, August 7th. You will also receive notice of the
meeting, and is the final public hearing for you to voice your sentiment.
I have added your contact and comments to the "Report of Public Meeting" that will be included with the submittal.
I have included some additional exhibits about the project. Please do not hesitate to reach out again if you have
more questions.
Thank you.
Cindee Wolf
-----Original Message -----
From: Deirdre Moench <deirdre.moench@gmail.com>
Sent: Tuesday, May 30, 2023 7:07 PM
To: cwolf@lobodemar.biz
Subject: Design Solution inquiry
Dear Cindee Wolf,
My husband and I own a home within 500 feet of the new build you are proposing in Kings Grant. As a Home
Board of Commissioners - August 7, 2023
ITEM: 10- 7 - 13
owner in this space I am concerned predominantly with safety. Shelly Drive is a busy road, as it comes off N
College road into our neighborhood. Incorporating 7 homes in this very small space against the highway and it's
traffic seems profoundly dangerous for those of us who travel this way in and out of the neighborhood. What do you
plan to do to avoid accidents? What precautions are you thinking about to ensure the people of this community are
safe?
Another issue that the people who purchase these 7 homes will face are profound traffic noise. Do you have any
intent to help buffer them from that noise? The lack of wooded land also adds considerable noise to our street. What
do you plan to do to help with that?
Aesthetically, the homes you're proposing do not fit the neighborhood. Is it possible to adjust the number of homes,
if you're determined to build, to make them match the neighborhood? Our community is unique to this city and we
are concerned about the damage this quick, dangerous build will bring to our nice quiet home.
Finally, what can we do to leave this small parcel of land as is to help absorb water due the increased need for green
space in Wilmington. I'm sure you're aware that hurricane flooding is a serious concern, and while we are not in a
flood space, it is necessary to maintain as much land, without pavement, to absorb water. What are your concerns in
regard to this topic?
Your initial note says there are benefits and improvements that this build will bring to our neighborhood. What are
those? Additionally, what impacts do you foresee?
Also, who can we contact with the county to discourage allowing you to move forward with this building proposal?
Thank you for your time to answer our questions.
Deirdre Moench & Zack Stauble
Board of Commissioners - August 7, 2023
ITEM: 10- 7 - 14
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Board of Commissioners - Augu t 7, 2023 {,All
ITEM: 10- 7 - 15
500' PERIMETER FROM 4801, 4805, 4809 & 4813 SHELLEY DRIVE:
SUBJECT PROPERTY OWNER ADDRESS CITY / STATE / ZIP
ROLINA HOMES NC LLC 501 BRAMSON CT MOUNT PLEASANT SC 29464
ADJACENT PROPERTY OWNERS
4810 GREENWAY LLC
PO BOX 12307
WILMINGTON NC 28405
BANISTER WILLIAM KSANDRA D
1014 KINGS GRANT RD
WILMINGTON NC 28405
BARTELS JEFFREY F LORI R
4813 LORD NANCE CT
WILMINGTON NC 28405
BIGHAM JAMES A BARBARA J
145 GREENCREST CIR
JACKSONVILLE INC 28540
BLACKBURN KYLE ALEXANDER
1006 KINGS GRANT RD
WILMINGTON NC 28405
BRAND CAROLYN N
4818 LORD NANCE CT
WILMINGTON NC 28405
BRUNNER RAYMOND C MICHELLE
910 SPRING BRANCH RD
WILMINGTON NC 28405
CAVENAUGH THOMAS JR JANICE
821 RIVAGE PROMENADE
WILMINGTON NC 28412
CLARK STORES LLC
PO BOX 469
CLINTON NC 28329
COSTIN BEVERLY C JR ANITA D
4814 LORD NANCE CT
WILMINGTON NC 28405
DEVAUGHN CONSTANCE W
905 KINGS GRANT RD
WILMINGTON NC 28405
DIAKO CONSTRUCTION INC
PO BOX 51965
DURHAM NC 27717
ENGLISH LISA
4821 LORD NANCE CT
WILMINGTON NC 28405
FYLSTRA JONATHAN D LAURA K
1106 KINGS GRANT RD
WILMINGTON NC 28405
GRIFFIN M TAYLOR
4801 LORD NANCE CT
WILMINGTON NC 28405
HANSEN DANIEL M AUDREY D
909 KINGS GRANT RD
WILMINGTON NC 28405
HOWARD BARRY E KIMBERLY H
914 SPRING BRANCH RD
WILMINGTON NC 28405
HUFFER JASON E JANICE E
1480 KEISER RD
WAVERLY OH 45690
JOHNSON MATTHEW ASHLEY
4825 SHELLEY DR
WILMINGTON NC 28405
KREPPS DANIEL L WENDY TALLEY
4810 LORD NANCE CT
WILMINGTON NC 28405
LOCKLEAR LOGAN
905 SPRING BRANCH RD
WILMINGTON NC 28405
LONG TIMOTHY S ROBIN C
4809 LORD NANCE CT
WILMINGTON NC 28405
MARTENS JOHN W RU YAN
4806 KINGS DR
WILMINGTON NC 28405
MATZKE ERIC J JR PATRICIA A ETAL
4802 KINGS DR
WILMINGTON NC 28405
MCMANUS MICHAEL ETAL
10711 EDMUNDSON AVE
RALEIGH NC 27614
MILLARD DAVID K BILLIE J
712 DUCK DOWNE CT
WILMINGTON NC 28409
MOLINA BRIAN
1006 SPRING BRANCH RD
WILMINGTON NC 28405
MORALES LUIS A
4649 NORWICH RD
WILMINGTON NC 28405
PARKER JOYCE STEPHENSON
1010 KINGS GRANT RD
WILMINGTON NC 28405
PIRANEO RYAN C
4822 KINGS DR
WILMINGTON NC 28405
ROBBINS DONNA
1002 SPRING BRANCH RD
WILMINGTON NC 28405
RODRIGUEZ MELISSA
4802 LORD NANCE CT
WILMINGTON NC 28405
RUSSO CASEY
2723 CHESHIRE DR
BALDWIN NY 11510
SALAS ISMAEL GLADYS BEJAR
906 SPRING BRANCH RD
WILMINGTON INC 28405
SANCHEZ ROSA R
4657 NORWICH RD
WILMINGTON NC 28405
SHELLEY CO LLC THE
4810 SHELLEY DR
WILMINGTON NC 28405
SIERRA PEREZ ARLENE
1102 KINGS GRANT RD
WILMINGTON NC 28405
SMITH JOANN
4818 KINGS DR
WILMINGTON NC 28405
SMITH WM LINDA FLYNN TRUSTEES
4814 KINGS DR
WILMINGTON NC 28405
STAUBLE ZACHARY A
4817 LORD NANCE CT
WILMINGTON NC 28405
STRICKLAND BILLY M
PO BOX 189
CAROLINA BEACH NC 28428
SULLIVAN LLOYD JACQUELINE
901 KINGS GRANT RD
WILMINGTON NC 28405
SWINSON DOCK E MARJORIE
4821 SHELLEY DR
WILMINGTON NC 28405
VAGNERINI PAUL BEVERLY
554 GRANDE MANOR CT #208 WILMINGTON NC 28405
WISE AMY LEE
917 WA[YgfUlrNi AbPrs-Augus",L:Mff�GTON
NC 28405
ITEM: 10- 7
- 16
Oeslgn So(Utiolki
Notice of Community Information Meeting
May 18, 2023
To: Adjacent Property Owners
From: Cindee Wolf
Re: 4801, 4805, 4809 & 4813 Shelley Drive
My Client is pursuing permitting to build seven (7) new homes on land at the referenced addresses. A sketch plan of the
proposed layout and improvements is attached. Your property is located within the proximity of the proposed project.
This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning
District allows particular uses to be established only in accordance with specific standards and conditions pertaining to
each individual development project. Essentially, this means that only a specific use, in this case construction of seven
(7) single-family homes and proposed property improvements for driveways and parking, can be developed.
The County requires that the developer hold a meeting for all property owners within five -hundred feet (500') of the
tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of
the proposal and for questions to be answered concerning project improvements, benefits and impacts.
An information meeting will be held on Tuesday, May 30th, 6:00 p.m., at Picnic Shelter #3, Long Leaf Park (north side of
the park accessed from Pine Grove Road). If you're not able to attend, you can also contact me at
Tel. # 910-620-2374, or email cwolf@lobodemar.biz, with comments and/or questions.
We appreciate your interest and look forward to being a good neighbor and an asset to the community.
P.O. Sox 7221, WilmiKgtoK, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodeMar.biz
Board of Commissioners - August 7, 2023
ITEM: 10- 7 - 17
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Board of Commissioners - August 7, 2023
ITEM: 10- 7 - 20
FIRST FELRoRrLiAUe-S u u 7L2A3PORCH
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Concept Plan
Board of Commissioners - August 7, 2023
ITEM: 10- 8 - 1
n/f
Me1155a
Rodriguez
D.B. G4 I G -59
Zoning: R-1 5
I Land Use: Residential
n/f
David
Billie Millard
D.B. 2045-2 1
Zoning: R- 15
Land Use: Residential
n/f
Daniel
Wendy KreppS
1475-158G
I n/f
I Beverly
"P 10 Zoning: R-15 Anita CoStin
T ti� Land Use: Residential D.B. 1172-750
ti� I h` S 80°09'34° E Zoning: R- 15
I I .42'
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Fire $ Life Safety Notes:
I . Construction Type - 5E3
2. Houses will not have a sprinkler systems.
3. Additional fire protection and/or accessibility requirements
may be required due to any special circumstances or
changes concerning the project.
Utility Notes:
I . Lot is currently serviced by public water it sanitary
sewer mains available from Cape Fear Public Utility
Authority system. Service upgrades will be necessary.
2. All utility services, such as electric power, CATV,
gas * telephone shall be installed underground.
3. Solid waste disposal will be serviced by privately
contracted dumpster pickup.
I
I n/f
Carolyn
Brand
D.B. 1500-4G
n/f
Belly
Strickland
D.B. 2402-989
Zoning: R-1 5
Land Use: Residential
-_ 54'
-----------� -
54'
Sot� 4I = 14 1.49' - -
helle --- --
Drive S200
15°CMP
---- -�
(G01 P
n/f
Clark
Stores, LLC Zoning: B-2
Land Use:
D.5.427G-299 C-Store
Stormwater Management Notes:
1. Stormwater management will meet County * State
requirements. Total limits of disturbance will be
greater than one ( I ) acre. A Land Disturbance
Permit will be required.
P.O. Box 7221
Wilmington, NC 2840Co
Tel. 910-620-2374
Desgtq 50114 tt Okl�oardmmission
, %
- August 7, 2023
-1
51te Inventory Notes:
I . Soils: Se (Segate fine sand)
2. This property Is not impacted by any AEC.
3. There is no evidence of Conservation Overlay
resources.
4. This site is not impacted by any recognized
historic or archeological significance.
5. No cemeteries were evidenced on the site.
G. Existing regulated trees have been field located
are labeled. No "Specimen" trees were identified.
Mitigation - if necessary - will be completed during
detailed design * permitting.
7. There is no evidence of jurisdictional wetlands.
8. There is no evidence of endangered species or
habitat Issues on the site.
9. This tract is not impacted by any Special Flood Hazard
Area as evidenced on FEMA Map 37203 1 4800K,
dated August 28, 2018.
10. The site runoff will flow into the Smith Creek Watershed.
Ub11C R/W)
'-'Public Sanita
=Sewer Main
Publ�ater Main -
n/f
Diako
n5truction, Zoning: 15-2
1 nc. Land Use:
Offices
i. G320-2074
Tree Preservation Notes:
I . Tree Preservation / Removal Permit is required prior
to clearing 4� land disturbance.
2. Prior to any clearing, grading or construction activity, tree
protection fencing will be installed around protected trees or
groves of trees and no construction workers, tools, materials,
or vehicles are permitted within the tree protection fencing.
3. Protective fencing is to be maintained throughout the duration
of the project. Land clearing and construction contractors
shall receive adequate instruction on tree protection
requirements and methods.
4. Label protective fencing with signs to be placed every 50
linear feet, or at least two (2) per area, in both English
* Spanish "Tree Protection Area: Do Not Enter."
Project No.:
23-1 G
Scale:
1"=30'
Date:
OG/01 /23
Revlsons:
Owner:
Rolina riomes NC, L.L.C.
501 Bramson Court
Mt. Pleasant, 5C 294G4
n/f
The Shelley
Zonin
Co., LLC Zoning: [3-2
Land Use:
D.B.3284-4G8 Offices
Conditional
Zoning District
Concept Plan
Case No.: Z23-
N T RAfgLGA, RD KIN
NORWICN P
BRAMTON RD
W E SN
MANCNESTER DR
5
TERRY LN U
z
DEAN DR a
N
� pR
SPRANG
o
p RIPLEE DR v
o 0)z
in
MARTIN LUTNER
Vicinity Map
Zoning: R- 15
(No Scale)
Land Use:
Residential
K
ti
3 DR z
c�
N
LORD z
NANCE CT
S
DR
Development Notes:
I . All development shall be in accordance with
the New Hanover County Zoning Ordinance.
2. Project shall comply with all Federal, State f- New
Hanover County regulations.
General Notes:
I . New Hanover County Parcel Nos.:
3 14505. 18.G33 1 (4801)
[PID R042 I G-020-005-0001
3 14805. 18.7239 (4805)
[PID R042 I G-020-004-0001
3 14505. 18.8229 (4809)
[PID R042 I G-020-003-0001
3 14505. 18.9238 (48 13)
[PID P042 I G-020-002-0001
2. Tract Area: GO,240 s.f.± (1 .35 ac.)
3. Current Zoning District: R- 15
Proposed District - CZD / R-5
Minimum Lot Area - 5000 s.f.
Minimum Lot Width - 50'
Setbacks - 20' Front
1 0.5' 51de
1 5' Rear
4. Comprehensive Plan Classification:
General Residential
W
Graphic Scale
�I
5
e
RD
BERKLEY DR
E
• 20 10 • 15 30 _•
Property Addresses: 4801 , 4805, 4809 * 4813 Shelley Drive
Rolina homes - Shelley Drive,
Harnett Fear Township / New Hanover County / North Carolina
Public Comments
In Support
Neutral
In Opposition
Board of Commissioners - August 7, 2023
ITEM: 10- 10 - 1
Dickerson, Zachary
From: noreply@civicpIus.com
Sent: Thursday, July 6, 2023 12:16 AM
To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy;
Griffee, Julian; Dickerson, Zachary
Subject: Online Form Submission #4310 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Ashley
Last Name Johnson
Address 4825 Shelley Drive
City Wilmington
State NC
Zip Code 28405
Email ashler leagan(c�Vahoo.com
Projects available for PB Meeting - Z23-13 - 4800 block Shelley Drive
comment.
What is the nature of your Oppose project
comment?
Public Comment Hello, I hope are all doing well. I wanted to leave the following
comment to express my family's opposition of the rezoning of
the 4800 block of Shelley Dr.. Recently it seems that every last
wooded parcel of land in Wilmington is being built on. Not only
that, but every square inch is being crammed with as many
dwellings as possible. In this case, 7 houses on a piece of land
where 4 is reasonable. 7 brand new cookie -cutter houses that
do not fit in with the 70s & 80s charm and nostalgia offered in
our wonderful neighborhood.
1
Board of Commissioners - August 7, 2023
ITEM: 10- 11 - 1
One of our main concerns is traffic. If each house has 2
vehicles, that is 14 more cars coming in and out of the
neighborhood. The intersection at the front of the neighborhood
is one of the busiest in town and this will no doubt add to that
congestion. I am also keeping in mind the future road
modifications and overpass that will be built in the coming
years. I believe all of this will negatively impact the traffic on
our already busy road.
In addition, the start of Shelley Drive contains many large pot
holes due to the BP gas station traffic. As a result, another
concern will be the additional wear and tear on that section of
the road due to the additional traffic.
Another concern that we have is related to water drainage. We
were informed by the builder that due to the amount of
proposed dwellings, there would be a need for a ditch or
retention pond behind the homes. Not only are these ditches
and ponds unsightly but we believe that they can also be a
nuisance and hazardous. One concern is a potential increase
in mosquitos in our yard.
In addition, during a meeting that we had with the builder, we
had asked if a fence would be put around the retention pond,
for safety reasons. I used the example of a child wandering off
and ending up in the ditch/pond. The developer stated that she
was not sure if they would put up a fence and in that situation
they would pose the question of why was the child trespassing
on the property anyway?
My grandmother lives near a retention pond with no fence and
last summer a 4 year old wandered away from his parents
while they were unloading groceries and they found him later
that night in the pond. Can you fault a small child in that case? I
don't believe that this is a question of trespassing but of the
overall safety of the children, and even pets, in our
neighborhood. Accidents happen so I would hope that the
builder would take preventative measures for everyone's safety
and peace of mind. The size of the ditch or pond doesn't
matter. It would not even be necessary if there were not so
many dwellings being crammed into such a small area.
In conclusion, we hope that you consider these points when
making your decision. Thank you so much for taking the time to
read our comments. We hope you all have a wonderful rest of
your week!
Upload supporting files
If you need to support your comment with documentation, upload the files here. No
more than 20MB in size total for all files. File types accepted are: doc, docx, ppt,
pptx, txt, pdf, jpg, png.
2
Board of Commissioners - August 7, 2023
ITEM: 10- 11 - 2
File 1
Field not completed.
File 2
Field not completed.
File 3
Field not completed.
File 4
Field not completed.
Email not displaying correctly? View it in your browser.
3
Board of Commissioners - August 7, 2023
ITEM: 10- 11 - 3
jo�ct��
,� ,'- ��.
My name is Joyce Parker; I live on Kings Grant Rd, right at the end
of Shelley Dr.
There is a constant stream of traffic on Shelley
because of the Handy Hugo convenience store
located on the corner of Shelley and N. College Rd.
Shelley is also a main entrance into the
neighborhood creating more traffic especially during
the hour of 5 to 7 when residents are coming from
work. 18 wheelers come down Kings Grant Rd on
their way to Shelley and HH. They make wide turns
at the intersection of these two street causing traffic
to stop and endangering children on bikes. Just last
week an oil tanker making a turn on Shelley actully
ran into my yard and further down the street
mailboxes have been damaged by these trucks
makin a wide turn on their way to Shelley Dr. and
HH. I realize they are using an easy route for them
but it creates an unpleasant and dangerous situation
on our street. To complicate things even more,
people who drive 18 wheeler trucks park them on
the shoulder of Shelley on weekends and holidays.
Elderhouse has relocated at the end of KGR creating
1
Board of Commissioners - August 7, 2023
ITEM: 10- 11 - 4
a constant flow of mini buses. Adding potentially 14
more cars to this scenario would be a disastor for
the residents of Shelly and KGR.AII considered I feel
that it would be an unsafe and unwise decision by
the planning board to grant this permit.
z
Board of Commissioners - August 7, 2023
ITEM: 10- 11 - 5
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE:8/7/2023
Regular
DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Manager
CONTACT(S): Ken Vafier; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land
Use Director
SU BJ ECT:
QUASI-JUDICIAL HEARING
Special Use Permit Request (S23-03) - Request by Chris Baker, applicant, on behalf of the Sanctuary Church of
Wilmington, property owner, for the use of Child Care Center at the approximately 7.47-acre parcel located at 6687
Carolina Beach Road, zoned R-15, Residential. (see page 1 of the attached staff report for a reference map).
Note: This item was continued during the July 17, 2023 meeting.
BRIEF SUMMARY:
The applicant is requesting a special use permit for a child care center in an existing building on an approximately 7.47-
acre parcel located on Carolina Beach Road. The property is currently zoned R-15 with an existing religious institution
on site.
The proposed childcare center would accommodate up to 60 children ages 0-12 years. The existing building would
continue to operate as a church with the addition of the child care center for child care needs outside of traditional,
ancillary care provided during church services and functions. No changes are proposed to the existing building or site.
The Unified Development Ordinance allows child care centers by -right in most commercial zoning districts. Special use
permits are required in residential and industrial districts in order to evaluate site specific conditions of a project.
The property currently has right -in / right -out access onto Carolina Beach Road, an NCDOT maintained principle
arterial road. As currently zoned, it is estimated the site would generate about 6 AM and 10 PM trips during the peak
hours. The proposed use would result in an estimated 47 AM and 47 PM trips, increasing the estimated number of
peak hour trips by approximately 41 AM and 37 PM peak hour trips. The estimated traffic generated from the site is
under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic I mpact Analysis (TIA).
The 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use and General
Residential. The Community Mixed Use place type focuses on small-scale, compact, mixed use development patterns
that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses
include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family
residential. The General Residential place type 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.
Because of the general nature of place type borders, sites located in proximity to the boundaries between place types
could be appropriately developed with either place type, allowing site -specific features and evolving development
Board of Commissioners - August 7, 2023
ITEM: 11
patterns in the surrounding area to be considered.
The proposed use would provide an additional community level service to nearby residential areas at a site that
currently acts as a transition from the highway to adjacent low density residential uses.
The Planning Board holds a preliminary forum for Special Use Permits. The purpose of the preliminary forum is for the
Planning Board, public, and applicant to discuss and consider the request before it moves to the Board of
Commissioners for a quasi-judicial hearing. The preliminary forum is not a public hearing, and the Planning Board does
not make a recommendation on special use permit requests.
There are four principal conclusions the Board of Commissioners must make when considering a Special Use Permit
request based on clear substantial evidence presented at the hearing:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Unified Development Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the area in which it is located and in general conformity with the Comprehensive Land Use
Plan for New Hanover County.
STRATEGIC PLAN ALIGNMENT:
• Intelligent Growth & Economic Development
o Encourage development of complete communities in the unincorporated county
■ Citizens have daily needs met by NHC businesses and support them
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Example Motion for Approval:
Motion to approve, as the board finds that this application for a Special Use Permit meets the four required
conclusions based on the findings of fact included in the Staff Report.
[OPTIONAL] Note any findings of fact related to the four required conclusions.
[OPTIONAL] Note any added conditions required for the proposal to meet the conclusions of law.
[List Conditions]
Suggested Condition:
Conditions may be added to a Special Use Permit with the consent of the applicant.
Example Motion for Denial:
Motion to deny, as the board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Unified Development Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the area in which it is located and in general conformity with the Comprehensive Land Use
Plan for New Hanover County.
Board of Commissioners - August 7, 2023
ITEM: 11
[State the finding(s) that the applicant does not meet and include reasons why it is not being met]
ATTACHMENTS:
S23-03 BOC Scdpt
S23-03 BOC Staff Report
S23-03 Zoning Map
S23-03 Future Land Use Map
S23-03 Mailout Map
Application Matedals Coker Sheet
S23-03 Application
S23-03 Concept Site Plan
S23-03 Staff Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
The board's decision to approve or deny an application for a Special Use Permit should be based solely on the
competent and material evidence presented during the public hearing.
COMMISSIONERS' ACTIONS:
Board of Commissioners - August 7, 2023
ITEM: 11
SCRIPT for SPECIAL USE PERMIT Application (S23-03)
Request by Chris Baker, applicant, on behalf of the Sanctuary Church of Wilmington, property owner,
for the use of Child Care Center at the approximately 7.47-acre parcel located at 6687 Carolina Beach
Road, zoned R-15, Residential.
1. This is a quasi-judicial hearing. Before the hearing is opened, the Deputy County Attorney will
provide an overview of the hearing procedures.
2. Deputy County Attorney Overview
3. Because the Special Use Permit process requires a quasi-judicial hearing, any person wishing to
testify must be sworn in. All persons who signed in to speak and wish to present competent and
material testimony please step forward to be sworn in. Thank you.
4. We will first 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.
5. 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 cross examination/rebuttal (up to 5 minutes)
e. Opponent's cross examination/rebuttal (up to 5 minutes)
b. Close the hearing
7. Board discussion
8. Ask Applicant whether he/she agrees with staff findings.
9. Vote on the Special Use Permit application.
Example Motion for Approval:
13 Motion to approve the permit as the Board finds that this application for a Special Use
Permit meets the four required conclusions based on the findings of fact included in the
Staff Report and additional evidence presented at the public hearing.
OPTIONAL (if conditions have been identified that will bring the proposal in line with the
required conclusions.
Subject to the following conditions agreed to by the applicant:
Example Motion for Denial:
Motion to deny the permit because the Board cannot find (choose all that apply):
a. That the use will not materially endanger the public health or safety if located where
proposed (for the following reason(s)):
b. That the use meets all required condition and specifications (for the following
reason(s)):
c. That the use will not substantially injure the value of adjoining or abutting property,
or that the use is a public necessity (for the following reason(s)):
d. That 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 Comprehensive Land Use Plan for New
Hanover County (for the following reason(s)):
STAFF REPORT FOR S23-03
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: S23-03
Request:
Special Use Permit for a Child Care Center
Applicant:
Property Owner(s):
Chris Baker on behalf of The Sanctuary Church
The Sanctuary Church of Wilmington
of Wilmington
Location:
Acreage:
6687 Carolina Beach Road
7.47
PID(s):
Comp Plan Place Type:
R08200-002-028-000
Community Mixed Use, General Residential
Existing Land Use:
Proposed Land Use:
Religious Assembly
Child Care Center
Current Zoning:
R-15 Residential
ZONING
R-10
0 R-15
0 523-03
SURROUNDING AREA
LAND USE
ZONING
North
Residential
R-15
East
Residential
R-15
South
Residential
R-15
West
Residential
R-15
S23-03 Staff Report BOC 8.7.2023
Page 1 of 10
Board of Commissioners - August 7, 2023
ITEM: 11- 2 - 1
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ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 4)
COMMUNITY SERVICES
Site is currently served by CFPUA water and private septic facilities. If
Water/Sewer
approved, upgrades to the existing septic system will be required to
accommodate the additional child care use.
Fire Protection
New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Federal Point Station
Schools
Anderson Elementary, Murray Middle, and Ashley High Schools
Recreation
Monterey Heights Park and Veterans Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The County's Conservation Resources Map indicates the site to have no
conservation resources.
Historic
No known historic resources
Archaeological
No known archaeological resources
S23-03 Staff Report BOC 8.7.2023 Page 2 of 10
Board of Commissioners - August 7, 2023
ITEM: 11- 2 - 2
APPLICANT'S PROPOSED PLAN
Existing Site Conditions
• The applicant is requesting a special use permit for a childcare center for up to 60 children
0-12 years old from 7:00 AM to 6:00 PM daily.
• The subject site is located on approximately 7.47 acres located on Carolina Beach Road.
• The property is currently zoned R-15 with an existing religious assembly structure. The
addition of the child care use will require upgrades to the existing structure to meet the
building and fire code requirements specific to child care centers.
• The are no proposed modifications to the exterior of the site.
• The site plan shows the existing location of the building, driveway, and parking area. The
existing building will be used for the childcare center.
• Site access is proposed through a right -in right -out access driveway from Carolina Beach
Road.
ZONING CONSIDERATIONS
• The R-15 zoning district in this area was established in 1971. At the time, the purpose of
the R-15 district was to ensure that housing served by private septic and wells would be
developed at low densities.
• Section 4.2.1 of the UDC) allows for a childcare center within the R-15 zoning district, with
a Special Use Permit.
S23-03 Staff Report BOC 8.7.2023 Page 3 of 10
Board of Commissioners - August 7, 2023
ITEM: 11- 2 - 3
• This facility is subject to a state operating license. According to the applicant, the NC State
Division of Child Development and Early Education Consultant has viewed the existing
building and recommended it as suitable for child care needs under the division's review
standards pertaining to building size, indoor and outdoor space arrangements, and health
and safety hazards.
• One parking space is required for every 10 children served by the facility. Existing parking
for the church exceeds the minimum required for the child care center.
• The Unified Development Ordinance requires a special use permit approved by the Board
of Commissioners to allow for the use of Child Care Center.
• If approved, the project would be subject to Technical Review Committee and Zoning
Compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
S23-03 Staff Report BOC 8.7.2023
Page 4 of 10
Board of Commissioners - August 7, 2023
ITEM: 11- 2 - 4
AREA DEVELOPMENT
S23-03 Staff Report BOC 8.7.2023
Page 5 of 10
Board of Commissioners - August 7, 2023
ITEM: 11- 2 - 5
TRANSPORTATION
Site Access
1 N
n
o�
Primary Access:
s Carolina Beach Road
o. J
Glenarthi jj °
pave
Sife -
0
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0
—Cypress-Village �laCe
Seaview-Road
CURRENT CONDITIONS
Intensity of Current Zoning
20,000 SF religious assembly space
PROPOSED ACCESS
Primary Access
Carolina Beach Road via a right -in right -out access
driveway.
Secondary Access
N/A
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway
Carolina Beach Road
Type of Roadway
NCDOT Principal Arterial Road
Roadway Planning Capacity (AADT)
41,369 vehicles per day
Latest Traffic Volume (AADT)
35,500 (2021)
S23-03 Staff Report BOC 8.7.2023
Page 6 of 10
Board of Commissioners - August 7, 2023
ITEM: 11- 2 - 6
Latest WMPO Point -in -Time County (DT)
36,509 (3/2022)
Current Level of Congestion
Near Capacity
TRAFFIC GENERATION
Traffic
Traffic Generated
Potential
Generated by
by Proposed
Impact of
Present
Designation
Proposed
Designation
Designation
AM Peak Hour Trips
6
47
+41
PM Peak Hour Trips
10
47
+37
TRAFFIC IMPACT ANALYSIS (TIA)
The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the
ordinance requirement for a Traffic Impact Analysis (TIA).
SUMMARY
The proposed project is located along a NCDOT principal arterial road, the capacity of which is
41,369 VPD. The proposed project's peak hour traffic is below the 100 peak hour threshold requiring
a traffic impact analysis. The proposed hours of operation are from 7:00 AM to 6:00 PM daily.
ENVIRONMENTAL
• The subject property is not within any Special Flood Hazard Areas.
• The property is not within a Natural Heritage Area.
• The subject property is located within the Lords Creek Watershed.
• The New Hanover County Conservation Resources Map indicate no wetlands are present on
the site.
• 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 upgrades to the existing septic
system will be required to accommodate the additional child care use.
OTHER CONSIDERATIONS
Context and Compatibility
• The applicant will be utilizing an existing building and outdoor space for children.
• The NC State DCDEE has reviewed the existing structure and recommended it as suitable for
childcare needs under the division's review standards pertaining to building size, indoor and
outdoor space arrangements, and health and safety hazards.
• The surrounding development is predominantly single-family residential. The child care
facility would provide an additional community level service to the existing neighborhoods
in the area.
S23-03 Staff Report BOC 8.7.2023 Page 7 of 10
Board of Commissioners - August 7, 2023
ITEM: 11- 2 - 7
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
Community Mixed Use and General Residential
The community mixed use place type focuses on small-scale, compact, mixed
use development patterns that serve all modes of travel and act as an
attractor for county residents and visitors. Types of appropriate uses include
office, retail, mixed use, recreational, commercial, institutional, and multi-
family and single-family residential.
Place Type
Description
General residential place types focus 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.
The subject property is located along a major roadway corridor, Carolina
Beach Road, with single family dwellings on each side. Within the vicinity
along Carolina Beach Road are institutional and residential uses.
The Comprehensive Plan classifies the property as Community Mixed Use,
which allows commercial uses that support nearby residents.
Analysis
The General Residential place type recommends single-family and low -density
residential development along with light commercial and recreational uses. This
type of use would provide support services in close proximity to existing and
future residential uses.
The proposed use would provide an additional community level service to
nearby residential areas at a site that currently acts as a transition from the
highway to adjacent low density residential uses.
S23-03 Staff Report BOC 8.7.2023
Page 8 of 10
Board of Commissioners - August 7, 2023
ITEM: 11- 2 - 8
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of
fact and conclusions are based solely on the information provided to date, prior to any information
or testimony in support or opposition to the request that may be presented at the upcoming public
hearing at the Board meeting.
Conclusion 1: The Board must find that the use will not materially endanger the public health
or safety where proposed and developed according to the plan as submitted and approved.
A. Site is currently served by CFPUA water and private septic facilities. If approved, upgrades
to the existing septic system will be required to accommodate the additional child care use.
B. The subject property is located in the New Hanover County Southern Fire Service District.
C. Access to the site will be provided by a right -in right -out access driveway to Carolina Beach
Road.
D. The National Wetlands Inventory and the New Hanover County Conservation Resources
Map indicate no wetlands are present on the site.
E. The proposed use will generate an estimated additional 41 AM/37PM peak hour trips.
F. The NC State DCDEE has reviewed the existing structure and recommended it as suitable for
childcare needs under the division's review standards pertaining to building size, indoor and
outdoor space arrangements, and health and safety hazards.
G. A Fire Services inspection has identified required upgrades to the interior of the facility that
will need to be complete prior to occupancy of the building for a child care center.
Conclusion 2: The Board must find that the use meets all required conditions and specifications
of the Unified Development Ordinance.
A. A Child Care Center is allowed by Special Use Permit in the R-1 5, Residential zoning district.
B. The existing structure is in full compliance with the dimensional standards of Section 3.2.8
for R-15. Front and side street setbacks of 25' and 10', respectively, have been met by the
existing structure.
C. One parking space is required for every 10 children served by the facility. Existing parking
for the church exceeds the minimum required for the child care center.
Conclusion 3: The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. The proposed child care center is located within a religious assembly in close proximity to
several existing residences.
B. The land use in the immediate vicinity of the subject site is mainly residential.
S23-03 Staff Report BOC 8.7.2023 Page 9 of 10
Board of Commissioners - August 7, 2023
ITEM: 11- 2 - 9
Conclusion 4: The Board must find that 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 Comprehensive Land Use Plan for New
Hanover County.
A. The subject site currently has a religious assembly building.
B. The site is bounded by residentially zoned property.
C. No known cultural or archaeological resources are identified on site.
D. Land uses in the immediate vicinity of the subject site are residential.
E. The Comprehensive Plan classifies the property as Community Mixed Use and General
Residential. The intent of the Community Mixed Use place type focuses on small-scale mixed -
use development that serves all modes of traffic and includes uses such as recreational and
institutional. General Residential place type focuses on lower density residential, and
recreation and school facilities are encouraged. The proposed use would provide an
additional community level service to nearby residential areas at a site that currently acts
as a transition from the highway to adjacent low density residential uses.
EXAMPLE MOTIONS
Example Motion for Approval:
Motion to approve, as the Board finds that this application for a Special Use Permit meets the
four required conclusions based on the findings of fact included in the Staff Report.
[OPTIONAL] Note any additional findings of fact related to the four required conclusions
[OPTIONAL] Note any conditions be added to the development:
[List Conditions]
Conditions may be added to a Special Use Permit with the consent of the applicant.
Example Motion for Denial:
Motion to deny, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Unified Development Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the area in which it is to be located and in general conformity with
the Comprehensive Land Use Plan for New Hanover County.
[State the finding(s) that the application does not meet and include reasons why it is not being met]
S23-03 Staff Report BOC 8.7.2023
Page 10 of 10
Board of Commissioners - August 7, 2023
ITEM: 11- 2 - 10
Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N
523-03 6687 Carolina Beach Road R-15 Childcare Center
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S23-03 e'
0 500 1,000 S Feet Board of Commissioners - Augus 7, 2 3
1 1 1 1 1 ITEM: 11- 3- 1
Case: Site Address: ExistingZoning/Use: onin Use: Proposed Zoning/Use: N
523-03 6687 Carolina Beach Road R-15 Childcare Center
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Future Land Use o
GENERAL RESIDENTIAL
COMMUNITY MIXED USE
ea i
CONSERVATION cD
S23-03
0 500 1,000 S Feet Board of Commissioners - Augus 7, 2 3
I I I I ITEM: 11- 4- 1
Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N
S23-03 6687 Carolina Beach Road R-1 S Childcare Center
q- .... ..
171
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S23-03
Parcels within 510 feet Board of Commissio ers AuPS 7, 2023ITEM: 1- 5
w - er-iurnp- rca
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APPLICANT
MATERIALS
Board of Commissioners - August 7, 2023
ITEM: 11- 6 - 1
NEW HANOVER COUNTY
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 1 10
"Imingtarb North Carolina 28403
Telephone (910) 798-71 b5
FAX f910) 798.70S3
pl anni ngdevelo pm eni.nhcgov.com
SPECIAL. USE PERMIT APPLICATION
This application forth must be completed as part of a special use permit application submitted through the county's
amine 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 to reviewing the
application, are set out in Section 10.3.5 of the Unified Development Ordinance.
'Yf the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section
10.2.3. Casnmu fty Information Meeting.
1. Applicant and Property Owner Information
ApplicantjAgent Name Owner Name (if different from Applicant/Agent)
t Company
Address
ro.10 t,-aL &AA 11W
City, Stale, Zip
;tktot 4j rZ
_Phone
Z- HY
Email
G r )"s. b-ow 0.7o? @i #%-./. to $ .
Company/Owner Name 2
Address
City, State, Zip
Phone
Email ..
Page 1 of $
Board of Commissioners - Augu%e&Oise Permit Application — Updated 02-2022
ITEM: 11- 7 - 1
Z. Subject Property Information
Address/Location Portal Identification Number(s)
W uolf," tr" zi 9adzot? 6V Z-n��—vote
Total Parcai(s) Acreage Existing Zoning and Uses) Future Land Use Classification
I. 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 i
project narrative (attach additional pages If necessary).
Church sponsored daycare facility. Providing affordable childcare for families
in need. No change or alteration to existing footprint of building.
4. Proposed Conditions)
'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 fist any conditions proposed to be included with this special use permit application below. 'Staff,
the Planting board, and Board of Commissioners may propose additional conditions during the review process that
I meet or exceed the minimum requirements of the Unified Development Ordinance.
N/A
Page Z of 8
Board of Commissioners - AugustSbe lse PernkN Application —Updated 02-2022
ITEM: 11- 7 - 2 "w
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 (T1A) 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: L5 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 fhe 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 of 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 woofers
or groundwater; or
Anticipated air discharges, including possible adverse effects on air quality.
Use of a daycare would not endanger public health or safety as current
use sees much more than 15 trips/peak house. Sewer and water utilities
already in place for use of daycare, no change or alterations needed or
required. No change to building footprint or alterations to existing building.
Page 3 of 8
Board of Commissioners - August*AW3)se Permit Application — Updated 02-2022
ITEM: 11- 7 - 3
i
2. The use meets all required conditions and specifications of the Unified Development Ordinance.
No alterations, improvements, or additions will be needed or required
for requested special use. Therefore, all conditions and specifications
of the UDO will be met.
3. The use wM not substantioHy 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.
As there's no change to the existing structure on the property, the special
g
use will not injure the value of adjoining lots. Hours of operation of
proposed daycare will not be different from hours of existing use of property.
Page 4 of 8
Board of Commissioners - Augus$14aBR9se Permit Applkatlon — Updated 02-2022
ITEM: 11- 7 - 4
4. The location and character of the use if developed according to the plan as submi"ed 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.
�nsiderati�n ,
+ 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.
No conflicts between land use plan. Land use will not be substantially
changed from current land use.
Page sof8
Board of Commissioners - AugusS,�IQBQQ�W Permit AppUcotton _Gated 02.2022
ITEM: 11- 7 - 5
Staff will use the following checklist to determine the completeness of your application. Pleases verify all of the
listed items are included and confirm by initialing under "Applicant Initial". If an Item Is not applicable, mark as
"NSA". 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 Checkrat
0 This application form, completed and signed
0 Application fee:
Appficant
initial
• $500; $250 if application pertains to a residential use (i.e., mobile home,
duplex, family child care home).
0 Traffic impact Analysis (if applicable)
• The official TIA approval letter is recommended prior to this item being placed on the
Planning Board meeting agenda.
• The official TIA approval letter is required prior to this item being placed on the Board
Of Commissioners meeting agenda.
13 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 awes, the
exad 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 trod 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)
0 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
13 One, f 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.
0 One (1) digital PDF copy of ALL documents AND plans
O For wireless support structures or substantial modifications, the elements listed on the
attached checklist
Page 6 of 8
Board of Commissioners - August�e&WlJse Permit Application — Updated 02-2022
ITEM: 11- 7 - 6
T. Acknowledgement and Signatures
By my signature below, i understand and accept all of the conditions, limitations, and obligations of the special use
permit for which i am applying. I understand that the existing Official Zoning Map is presumed to be correct. I
understand that I hove the burden of proving that the proposal meets the four required conclusions. I certify that
this application is complete and that all information presented In this application is accurate to the best of my
knowledge, Information, and belief.
If applicable, I also appoint the applicant/agent as listed on this application to represent me and snake decisions
on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on
my behalf to:
1. Submit an application including all required supplemental information and materials;
2. Appear at public hearings to give representation and comments;
3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with
or arising out of this application; and
4. Provide written consent to any and all conditions of approval.
Signs of Property Owner(s) Print Names)
-
�% k' —
Signature of Applicant/Agent Print Name
Note: ibis form must be signed by the owner(s) of record. If there are multiple property owners, a signature is
required for each owner of record.
The landowner or their attorney. must be present for the application at the preliminary forum and public
hAgrim
It an opplicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice
has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. if delay is
requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are
under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule
as published on the New Hanover County Planning website will be required.
Page 7 of 8
Board of Commissioners - AugustfpWA3iUse Permit Application — Updated 02-2022
ITEM: 11- 7 - 7
Farrell, Robert
From: Hannah Baker <hannah.baker0721 @gmail.com>
Sent: Monday, March 6, 2023 11:26 AM
To: Farrell, Robert
Subject: Re: 22-032563
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Mr. Robert,
We are opening a Child Care Center that will be ages 2-5 to begin with a licensed age of 6 Weeks- 12 Years old. We are
looking at 68 Kids to begin with and the hours of operation would be lam- 6pm. All meals will be provided by the family.
Feel free to give me a call with any questions you may have.
Thanks,
Hannah Baker
704-224-1199
On Wed, Jan 11, 2023 at 12:52 PM Farrell, Robert <rfarrell@nhcgov.com> wrote:
Good afternoon,
This is Robert, Senior Planner with New Hanover County Planning. Wendell copied me on this last email about
proposed child care at the Sanctuary Church on Carolina Beach Road.
Before we get too far down the line talking about permits, can you send us a brief description of your proposed
project? Like anticipated number of children, hours, etc so we can get a better understanding about your project?
Thanks,
Robert
Robert Farrell (He/Him/His)
Senior Current Planner
New Hanover County - Planning & Land Use - Planning & Zoning
(910) 798-7164 p 1 (910) 798-7053 f
rfarrell@nhcgov.com
230 Government Center Drive, Suite 110
Wilmington, NC 28403
www.NHCgov.com
Board of Commissioners - August 7, 2023
ITEM: 11- 7 - 8
1, 8f Commissioners - August 7, 2
ITEM: 117 8:- 1
a