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Home My WebLink AboutZ-964 ApplicationPage 1 of 3 04/14 Petitioner Information Property Owner(s) If different than Petitioner Subject Property Name Owner Name Address Company Owner Name 2 Parcel ID(s) Address Address Area City, State, Zip City, State, Zip Existing Zoning and Use Phone Phone Proposed Use Email Email Land Classification Application Tracking Information (Staff Only) Case Number Date/Time received:Received by: NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for CONDITIONAL ZONING DISTRICT T 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre-application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts: •Section 55.3: Conditional Zoning Districts •Section 110: Amending the Ordinance •Section 111: Petitions •Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:00PM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. CindeeWolfAmberSun,L.L.C.5000BlueClayRoad DesignSolutions 324109.05.3818 POBox72215000BlueClayRoad 5.00ac.+/- Wilmington,NC28406CatleHayne,NC28429I-1(CUD)School&Offices 910-620-2374 910-262-6757/DougDarrell O&I(CZD)School&Offices cwolf@lobodemar.bizdoug@streetsafeus.com GeneralResidencial PrintForm Page 2 of 3 04/14 APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre-application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Initial Staff Initial Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. Legal description (by metes and bounds) of property requested for rezoning. Copy of the subdivision map or recorded plat which delineates the property. Site Plan (8-24x36 copies for Planning Board; 8-24x36 copies for Commissioners) x Tract boundaries and total area, location of adjoining parcels and roads x Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and/or subdivided boundaries. 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 purpose for which it will be used. x Development schedule including proposed phasing. x Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right-of-way dedication, plans for access to and from the tract, location, width and right-of-way for internal streets and location, arrangement and access provision for parking areas. x All existing and proposed easements, reservations, required setbacks, rights-of-way, buffering and signage x The one hundred (100) year floodplain line, if applicable x Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance x Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. x Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) A report of the required public information meeting outlined in Section 111-2.1. Authority for Appointment of Agent Form (if applicable) Fee -For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 CAW CAW CAW CAW CAW CAW CAW Page 3 of 3 04/14 CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning classifications which would allow that use are acceptable. The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisﬁes these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1.How would the requested change be consistent with the County’s Policies for Growth and Development? 2.How would the requested zone change be consistent with the property’s classification on the Land Classification 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? 4.List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). 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. By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Use District zoning for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate tothe best of my knowledge, information, and belief. __________________________________________ _______________________________________ Signature of Petitioner and/or Property Owner Print Name CynthiaWolf/DesignSolutions Policiesforgrowthencouragecontinuedeffortstoattract&retainbusinesses.Theexistingpropertyuseisnon-conforming. Therezoningwouldbringtheuseintoconformanceandallowittoexpand.Theconditionaldistrictprocessallowsthistooccur andstillprotectthesurroundingresidentialuses. Thesiteisina"GeneralResidential"landclassification.Thisisaplace-typethatshouldbelimitedtoofficeandlimited commercialuses.Thechangewouldbeconsideredadown-zonefromthemuchmoreintensiveindustrialzonecurrently existingandmoreappropriatetothenewplanclassification. Theenvironmentalcontractorthatonceoccupiedthepropertyvacatedseveralyearsago.Theexistinguseasatechnicalschool isconsiderednon-conformingandtherebyisnotpermittedtomakeimprovementsorexpand. Thetripgenerationfortheexistinguseasadrivingsafetyschoolsandsomeprofessionalofficeshasaverylowtripgeneration. Bufferyardplantingswillprovidevisual&noisescreeningtomitigateanyimpactstotheresidentialusestotheSouth.The rezoningwouldmaximizetheeffectivenessofthecurrentuse,butnotappreciablychangethecurrentconditions. Legal Description for Conditional District Rezoning 5000 Blue Clay Road Beginning at an iron pipe in the eastern boundary of Blue Clay Road (S.R. 2181), a 60’ public right‐of‐way; said point being located perpendicular to a point in the road centerline that is approximately 634 feet from its intersection with the centerline of Brookdale Drive (S.R. 2258), a 60’ public right‐of way; and running thence from said point of beginning: South 53032’19” East, 249.11 feet to a point; thence South 24053’06” West, 878.44 feet to a point; thence North 59014’15” West, 106.55 feet to a point; thence North 61028’08” West, 235.84 feet to a point in the eastern boundary of Blue Clay Road; thence with that right‐of‐way, North 31003’47” East, 291.93 feet to a point; thence South 58023’22” East, 203.72 feet to a point; thence North 21032’28” East, 109.77 feet to a point; thence North 15059’15” East, 153.37 feet to a point; thence North 63019’45” West, 148.41 feet to a point in the eastern boundary of Blue Clay Road; thence with that right‐of‐way, North 31021’32” East, 372.79 feet to the point and place of beginning, containing 5.00 acres, more or less. REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 5000 Blue Clay Road Proposed Zoning: Conditional Zoning District / (CZD) O&I 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 Dept. for notice of the Sunshine List on September 16, 2016. A copy of the written notice is also attached. The meeting was held at the following time and place: Thursday, September 29, 2016, 6:00 - 6:30 p.m.; at the site / 5000 Blue Clay Road, Castle Hayne. The persons in attendance at the meeting were: No one attended other than the NHCo Representative – Brad Schuler. The following issues were discussed at the meeting: N/A As a result of the meeting, the following changes were made to the rezoning petition: None Date: October 5, 2016 Applicant: Design Solutions By: Cindee Wolf OwnerOwner AddrOwner City ALLSBROOK ROBERT DOUGLAS142 BRADLEY PINES RD WILMINGTON, NC 28403 AMBER SUN LLC5008 CASTLE LAKES RD CASTLE HAYNE, NC 28429 BONHAM L V LIFE ESTATE4917 BLUE CLAY RD CASTLE HAYNE, NC 28429 CARTER WALTER C SR5200 BLUE CLAY RD CASTLE HAYNE, NC 28429 CHINN LEONARD D JOYCE A REV LIV TR1817 FUTCH CREEK RD WILMINGTON, NC 28411 CORPORATION FOR INQUIRY INC2525 WONDER WAY WILMINGTON, NC 28401 FLESHER LARRY T5110 BLUE CLAY RD CASTLE HAYNE, NC 28429 GREEN JERRY THOMAS5116 BLUE CLAY RD CASTLE HAYNE, NC 28429 HARRISON CYNTHIA LYNAE4911 BLUE CLAY RD CASTLE HAYNE, NC 28429 KENNEDY GREGORY L5021 BLUE CLAY RD CASTLE HAYNE, NC 28429 KENNEDY JAMES EDWARD5025 BLUE CLAY RD CASTLE HAYNE, NC 28429 MANASSAS INC6955 MARKET ST WILMINGTON, NC 28411 MCRAE JOHN HENRY1538 JESSUP AVE BRONX, NY 10452 MYERS JERRY GENERATION SKIP TRST121 COLUMBIA ST N CHAPEL HILL, NC 27514 NICHOLS KENNETH W DORIS5001 BLUE CLAY RD CASTLE HAYNE, NC 28429 POSTEMA KEEGAN P5008 BLUE CLAY RD CASTLE HAYNE, NC 28429 RODRIGUEZ GILBERTO T BARBARA J106 GILBERT CURRY DR CASTLE HAYNE, NC 28429 TADLOCK DONALD JENEANE C2116 CASTLE HAYNE RD WILMINGTON, NC 28401 WATSON DEBORAH FLESHER ETAL5108 BLUE CLAY RD CASTLE HAYNE, NC 28429 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Transmittal September 16, 2016 To: Adjacent Property Owners From: Cindee Wolf Re: Street Safe Driving Training Facility 5000 Blue Clay Road The referenced property is within 500 feet of yours, and is being used as a technical school for promoting safe driving. StreetSafe is a not-for-profit program with a mission to teach young and inexperienced drivers to become safer and more responsible on the road. This facility was used as an environmental contractor’s office and testing labs for many years. These uses required an industrial zoning designation (I-1/CUD), which was approved back in the late 1990’s. The current use would require a modification of that existing zoning. As a school, the most appropriate designation would be Office & Institutional (O&I), and we will be seeking 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 that use, structures and layout of an approved proposal can be developed. An exhibit of the site is attached. The only proposed change to the existing layout is the expansion of the pavement used for driver training. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties, prior to submittal. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Thursday, September 29th, at the facility, 5000 Blue Clay Road, 6:00 – 6:30 p.m. If you cannot attend, you are also welcome to contact me at telephone # 620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community.