Z20-21 Application Package 10.8.2020Page 1 of 5
Conditional Zoning District Application – Updated 02-2020
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
CONDITIONAL ZONING APPLICATION
This application form must be completed as part of a conditional zoning application submitted through the county’s
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.3 of the Unified Development Ordinance.
Public Hearing Procedures
(Optional)
Pre-Application Conference
1
Community Information Meeting
2
Application Submittal & Acceptance
3
Planning Director Review & Staff Report
(TRC Optional)
4
Public Hearing Scheduling & Notification
5
Planning Board Hearing & Recom-
mendation
6
Board of Commissioners Hearing &
Decision
7
Post-Decision Limitations and Actions
1. Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
2. Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification
Applicant Tracking Information (This section completed by staff)
Case Number:
Date/Time Received: Received by:
CINDEE WOLF PROCLAIM HOLDINGS, L.L.C.
DESIGN SOLUTIONS
PO BOX 7221 PO BOX 15447
WILMINGTON, NC 28406 WILMINGTON, NC 28408
910-620-2374
CWOLF@LOBODEMAR.BIZ
813 & 817 PINER ROAD 313415.72.1770 & 313415.72.2956
3.78 AC.(CUD) O&I / REAL ESTATE OFFICE GENERAL RESIDENTIAL
SPENCE@PROCLAIMINTERACTIVE.COM
910-795-4143 / SPENCE HACKNEY
Page 2 of 5
Conditional Zoning District Application – Updated 02-2020
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: Total Acreage of Proposed District:
Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the
district, and a project narrative (attach additional pages if necessary). Note: Only uses allowed by right 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.
5. Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent
version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must
be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be
included with this application.
ITE Land Use:
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
(CZD) CB 3.78 AC.
SINGLE-TENANT OFFICE BUILDING / 715
1600 S.F GFA
4 3
THERE ARE TWO EXISTING BUILDINGS AT THE FRONT, TOTALLING APPROXIMATELY 1600 S.F.,THAT WILL BE OCCUPIED BY OFFICE USES - TO INCLUDE PRIVATE BUSINESS, PROFESSIONALACTVITIES, AND CONTRACTORS (WITH PRESCRIBED CONDITIONS). A NEW 1530 S.F. STORAGEBUILDING AND PARKING AREA TO ACCOMMODATE THE BUSINESS TRUCKS, DURING OFF-HOURS, IS PROPOSED TOWARDS THE CENTER OF THE PROPERTY - OUT OF SIGHTFROM THE PUBLIC ROADWAY. AN ACCESS DRIVE WILL EXTEND FROM THE EXISTING OFFICE PARKING AREA FOR VEHICULAR TRAVEL AND EMERGENCY SERVICES.
A SPECIAL USE PERMIT WILL BE INCLUDED IN THE APPROVAL PROCESS TO ALLOW THEEXISTING RESIDENCE TO BE USED AS A "LIVE/WORK OR CARETAKER UNIT," ALSO SUBJECTTO PRESCRIBED CONDITIONS.
REFERENCE SITE PLAN FOR LAYOUT, PROPOSED IMPROVEMENTS AND DETAILS.ADDITIONALLY, THE PRESCRIBED CONDITIONS IN SECTION 4.3.2.F.1 OF THE UNIFIEDDEVLEOPMENT ORDINACE WILL BE MET.
Page 3 of 5
Conditional Zoning District Application – Updated 02-2020
6. Conditional Zoning District Considerations
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified
Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for
use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive
conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and
the community at-large.
The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional
Zoning district meets the following criteria.
1. How would the requested change be consistent with the County’s policies for growth and development, as
described in the 2016 Comprehensive Plan, applicable small area plans, etc.
2. How would the requested Conditional Zoning district be consistent with the property’s classification on the
2016 Comprehensive Plan’s Future Land Use Map.
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?
THE POLICIES FOR GROWTH AND DEVELOPMENT ENCOURAGE CONTINUED EFFORTS TOATTRACT AND MAINTAIN BUSINESSES. THE PETITIONER HAS OPERATED A SUCCESSFULENTERPRISE HERE IN NEW HANOVER COUNTY FOR OVER 21 YEARS, BUT CURRENTLYOCCUPIES A LEASED SPACE. THE PURPOSE IS TO HAVE OWNERSHIP OF THE PROPERTYAND ADMINISTER THE BUSINESS FROM THE EXISTING OFFICE BUILDINGS.
THE TRACT IS IDENTIFIED IN THE COMPREHENSIVE LAND USE PLAN AS A "GENERALRESIDENTIAL" PLACE-TYPE. HOWEVER, IT IS IMMEDIATELY ADJACENT TO THE "URBANMIXED-USE" PLACE-TYPE THAT IS PART OF THE MONKEY JUNCTION GROWTH NODE.LOWER-DENSITY COMMERCIAL USES, SUCH AS OFFICES, ARE ACCEPTABLE. PINERROAD IS A MINOR ARTERIAL ROADWAY.
THE TRACT IS ALREADY BEING USED FOR OFFICE PURPOSES, BUT IS LIMITED DUE TO ITSUNDERLYING OFFICE & INSTITUTIONAL ZONING DISTRICT. THE REQUESTED CHANGE ISSOLELY FOR THE PURPOSE OF ADDING THE USE OF "CONTRACTOR OFFICE" FOR THEPETITIONER'S SPECIFIC BUSINESS.
Page 4 of 5
Conditional Zoning District Application – Updated 02-2020
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as
“N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review;
Staff will confirm if an application is complete within five business days of submittal.
Application Checklist Applicant Initial
Staff Initial
This application form, completed and signed
Application fee:
$600 for 5 acres or less
$700 for more than 5 acres
$300 in addition to base fee for applications requiring TRC review
Community meeting written summary
Traffic impact analysis (if applicable)
Legal description (by metes and bounds) or recorded survey Map Book and Page
Reference of the property requested for rezoning
Site Plan including the following 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.
Development schedule, including proposed phasing
Traffic and parking plan; including 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
locations; arrangement and access provisions for parking areas
All existing and proposed easements, reservations, required setbacks, rights-
of-way, buffering, and signage
The location of Special Flood Hazard Areas, if applicable
Location, species, and size (DBH) of regulated trees
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 5 hard copies of the 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
CAW
CAW
CAW
N/A
CAW
CAW
CAW
CAW
Legal Description for
Conditional Zoning District
At 813 & 817 Piner Road
Beginning at a point in the northern boundary of Piner Road (S.R. 1521), a sixty‐foot (60’) public
right‐of‐way; said point being located at the southwestern corner of the Myrtle Grove School;
and running thence:
North 56051’17” West, 209.83 feet along the said right‐of‐way to a point; thence
North 20044’46” East, 693.99 feet to a point; thence
South 58008’48” East, 208.90 feet to a point; thence
South 20045’00” West, 698.80 feet to the point and place of beginning, containing
3.28 acres, more or less.
REPORT OF COMMUNITY MEETING NOTIFIACTION
BY NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Project Name: Freedom Lawns Office / 813 & 817 Piner Road
Proposed Zoning: (CUD) O&I to (CZD) CB
The undersigned hereby certifies that written notice of a project proposal and an exhibit of the site
layout for the above proposed zoning application was sent 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 September 15, 2020. The mailing gave the recipients opportunity to contact
us with questions or comments via telephone or email. Copies of the written notices and the site
layout are attached.
The persons responding were: Reference attached list of contacts received from calls or
emails, and the associated dialogue.
Date: October 5, 2020
Applicant: Design Solutions
By: Cindee Wolf
Community Information
Freedom Lawns / 813 & 817 Piner Road
NameAddressEmail (Optional)
Sean P. Mulligan5756 Highgrove Place seanpmulligan@gmail.com
Cindee WolfProject Planner cwolf@lobodemar.biz
Hi Cindee,
I have reviewed the notice re: Freedom Lawns wishing to run their operation at 813 Piner.
My main comment is regarding possible noise disturbance from the operation.
At what hour in the morning will workers be arriving to load company vehicles and head out.
In my experience that will be at an early hour that will be noticeable to the neighborhood.
Please establish working hours and "non‐noisy" times.
Other than that I am OK with this use.
Sean P. Mulligan
Mobile: 203‐219‐2212
5756 Highgrove Place
seanpmulligan@gmail.com
Mr. Mulligan,
Techs (8)‐ Monday thru Friday 6:45am‐3:15pm
Admin (2)‐ Monday thru Friday 8am‐5pm
Owners(2)
There is no activity weekends or holidays.
• The only real activity is to fill the tanks – by normal hose ‐ from an on‐site well adjacent to the
proposed storage building, and hand load the plant‐care applications from the proposed new storage
building. No machinery like forklifts.
• All of those applications are non‐toxic substances and considered environmentally “friendly.”
We appreciate your contact and will include it in the project information report. Please don’t hesitate
to email again if you have additional questions.
Regards, Cindee
Thanks, that confirms my concerns of early morning activity disturbing the peace.
I know that crews coming and going can be somewhat talkative and vehicle activity (doors and motors)
will be heard.
Hopefully Freedom will understand and inform their crews to transition as quickly and quietly as
possible.
Sean P. Mulligan
OW
N
E
R
NA
M
E
M
A
I
L
I
N
G
AD
D
R
E
S
S
C
I
T
Y
/ ST
A
T
E
/ ZI
P
S
I
T
U
S
AD
D
R
E
S
S
AT
Z
MI
C
H
A
E
L
J
2
5
1
6
5
RE
M
U
S
CT
PU
N
T
A
GO
R
D
A
,
FL
33
9
8
3
5
7
4
5
HI
G
H
G
R
O
V
E
PL WILMINGTON
BI
L
L
CL
A
R
K
HO
M
E
S
OF
WI
L
M
LL
C
2
7
RA
C
I
N
E
DR
ST
E
20
1
W
I
L
M
I
N
G
T
O
N
,
NC
28
4
0
3
9
0
2
PI
N
E
R
RD
WI
L
M
I
N
G
T
O
N
CO
E
WI
L
L
I
A
M
M GA
Y
G
1
4
0
SY
L
V
A
N
SH
O
R
E
S
DR
ED
G
E
M
O
N
T
,
AR
72
0
4
4
5
7
6
0
HI
G
H
G
R
O
V
E
PL WILMINGTON
CO
R
E
Y
DA
N
A
H
5
7
6
4
HI
G
H
G
R
O
V
E
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
5
7
6
4
HI
G
H
G
R
O
V
E
PL WILMINGTON
DI
X
JA
C
K
S
O
N
9
1
1
DR
A
Y
T
O
N
CT
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
9
1
1
DR
A
Y
T
O
N
CT
WILMINGTON
DO
R
A
Z
I
O
JE
N
N
I
F
E
R
J ET
A
L
5
7
4
4
HI
G
H
G
R
O
V
E
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
5
7
4
4
HI
G
H
G
R
O
V
E
PL WILMINGTON
DU
F
F
Y
CH
R
I
S
T
O
P
H
E
R
5
7
5
2
HI
G
H
G
R
O
V
E
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
5
7
5
2
HI
G
H
G
R
O
V
E
PL WILMINGTON
FE
R
R
I
E
R
CE
L
I
A
5
7
6
5
HI
G
H
G
R
O
V
E
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
5
7
6
5
HI
G
H
G
R
O
V
E
PL WILMINGTON
FO
X
W
O
R
T
H
ED
W
A
R
D
J LI
S
A
AN
N
C
5
7
4
9
HI
G
H
G
R
O
V
E
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
5
7
4
9
HI
G
H
G
R
O
V
E
PL WILMINGTON
GO
O
D
W
I
N
FR
A
N
K
F JR
CA
T
H
E
R
I
N
E
H
9
0
4
DR
A
Y
T
O
N
CT
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
9
0
4
DR
A
Y
T
O
N
CT
WILMINGTON
HA
T
C
H
E
R
BA
R
T
O
N
5
7
6
1
HI
G
H
G
R
O
V
E
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
5
7
6
1
HI
G
H
G
R
O
V
E
PL WILMINGTON
HU
B
B
A
R
D
WI
L
L
I
A
M
T
5
7
5
7
HI
G
H
G
R
O
V
E
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
5
7
5
7
HI
G
H
G
R
O
V
E
PL WILMINGTON
KI
N
S
E
Y
TI
M
S CY
N
T
H
I
A
D
9
2
0
DR
A
Y
T
O
N
CT
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
9
2
0
DR
A
Y
T
O
N
CT
WILMINGTON
LA
N
C
A
S
T
E
R
JO
H
N
RP
O
BO
X
30
7
W
R
I
G
H
T
S
V
I
L
L
E
BC
H
,
NC
28
4
8
0
5
7
5
3
HI
G
H
G
R
O
V
E
PL WILMINGTON
MU
L
L
I
G
A
N
SE
A
N
TR
U
S
T
E
E
5
7
5
6
HI
G
H
G
R
O
V
E
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
5
7
5
6
HI
G
H
G
R
O
V
E
PL WILMINGTON
MY
R
T
L
E
GR
O
V
E
PR
E
S
B
Y
T
E
R
I
A
N
8
0
0
PI
N
E
R
RD
W
I
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
8
0
0
PI
N
E
R
RD
WI
L
M
I
N
G
T
O
N
NE
L
S
O
N
ER
I
C
ET
A
L
5
7
4
1
HI
G
H
G
R
O
V
E
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
5
7
4
1
HI
G
H
G
R
O
V
E
PL WILMINGTON
NE
W
HA
N
CN
T
Y
BD
OF
ED
U
C
A
T
I
O
N
6
4
1
0
CA
R
O
L
I
N
A
BE
A
C
H
RD
WI
L
M
I
N
G
T
O
N
,
NC
28
4
1
2
9
0
1
PI
N
E
R
RD
WI
L
M
I
N
G
T
O
N
NO
R
R
I
S
DA
V
I
D
G BE
T
T
Y
V
4
1
0
5
BU
F
F
I
N
G
T
O
N
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
5
7
3
7
HI
G
H
G
R
O
V
E
PL WILMINGTON
PE
R
E
Z
LO
P
E
Z
MA
R
K
S DE
B
O
R
A
H
3
4
1
CO
L
L
E
G
E
RD
S
ST
E
11
W
I
L
M
I
N
G
T
O
N
,
NC
28
4
0
3
9
2
3
DR
A
Y
T
O
N
CT
WILMINGTON
PH
A
M
NA
T
H
A
N
TU
A
N
5
7
6
8
HI
G
H
G
R
O
V
E
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
3
5
7
6
8
HI
G
H
G
R
O
V
E
PL WILMINGTON
PR
O
C
L
A
I
M
HO
L
D
I
N
G
S
LL
C
P
O
BO
X
15
4
4
7
W
I
L
M
I
N
G
T
O
N
,
NC
28
4
0
8
8
1
7
PI
N
E
R
RD
WI
L
M
I
N
G
T
O
N
RE
A
V
E
S
RO
N
N
I
E
D
7
3
5
PI
N
E
R
RD
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
7
3
5
PI
N
E
R
RD
WI
L
M
I
N
G
T
O
N
RO
G
E
R
S
DU
D
L
E
Y
LI
N
W
O
O
D
JR
5
5
4
6
PE
D
E
N
PO
I
N
T
RD
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
8
1
4
PI
N
E
R
RD
WI
L
M
I
N
G
T
O
N
RO
W
L
A
N
D
DA
N
I
E
L
RA
Y
ET
A
L
9
2
0
PI
N
E
R
RD
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
8
0
1
PI
N
E
R
RD
WI
L
M
I
N
G
T
O
N
SC
H
A
E
F
F
E
R
FR
E
D
E
R
I
C
K
E CA
R
O
L
Y
N
J
9
0
8
DR
A
Y
T
O
N
CT
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
9
0
8
DR
A
Y
T
O
N
CT
WILMINGTON
SM
I
T
H
FR
A
N
C
E
S
W HE
I
R
S
8
0
5
PI
N
E
R
RD
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
8
0
5
PI
N
E
R
RD
WI
L
M
I
N
G
T
O
N
ST
E
V
E
N
S
EL
I
Z
A
B
E
T
H
Q
91
5
DR
A
Y
T
O
N
CT
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
9
1
5
DR
A
Y
T
O
N
CT
WILMINGTON
ST
U
T
Z
E
N
B
E
R
G
E
R
FR
E
D
R
I
C
H
MA
D
I
S
O
N
9
0
7
DR
A
Y
T
O
N
CT
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
9
0
7
DR
A
Y
T
O
N
CT
WILMINGTON
TH
O
M
P
S
O
N
SA
R
A
H
5
7
4
8
HI
G
H
G
R
O
V
E
PL
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
5
7
4
8
HI
G
H
G
R
O
V
E
PL WILMINGTON
WE
N
Z
FR
E
D
E
R
I
C
K
J II
I
9
1
9
DR
A
Y
T
O
N
CT
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
9
1
9
DR
A
Y
T
O
N
CT
WILMINGTON
WI
S
E
JE
F
F
R
E
Y
B
9
1
2
DR
A
Y
T
O
N
CT
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
9
1
2
DR
A
Y
T
O
N
CT
WILMINGTON
ZH
O
U
BI
N
G
W ET
A
L
9
1
6
DR
A
Y
T
O
N
CT
WI
L
M
I
N
G
T
O
N
,
NC
28
4
0
9
9
1
6
DR
A
Y
T
O
N
CT
WILMINGTON
Project Information Notice
September 15, 2020
To: Adjacent Property Owners
Re: Freedom Lawns
The owners of Freedom Lawns are interested in purchasing the property at 813 Piner Road and
running their business out of the existing office building. The only changes to the site would be
elimination of the western driveway, construction of a storage building to the rear of the tract,
and overall upgrade of landscaping to current standards. 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 that use, structures and layout of an approved proposal can be
developed. A sketch plan of the project layout is enclosed.
The County requires that the developer notify the property owners within an adjacency to the
project and hold a meeting for any and all interested parties. This is intended to provide
neighbors with an opportunity for explanation of the proposal, and for questions to be
answered concerning project improvements, benefits, and impacts.
Due to the current COVID‐19 issue, however, a meeting cannot be held at this time. In lieu of
that, you can contact the land planner, Cindee Wolf, with comments or questions at:
Telephone: 910‐620‐2374, or
Email: cwolf@lobodemar.biz
We can also set up an on‐line meeting for a forum with multiple parties if requested. Please let
me know if you are interested in that alternative and arrangements will be made. All contact,
comments, concerns, and recommendations must be recorded in a report delivered to the
County along with the rezoning application.
Prior to this project being reviewed by the Planning Board & Commissioners, you will receive
subsequent notices of the agendas directly from the County. Those meetings provide public
hearings for comment on any issues pertinent to approval of the proposal.
We appreciate your interest and look forward to being a good neighbor and an asset to the
community.