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Home My WebLink AboutZ21-05 Application Package 3.1.2021Page 1 of 6 Conditional Zoning District Application – Updated 12-2020 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com 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 Cindee Wolf Design Solutions P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz Bonnie D. & David M. Narron 3415 N. Kerr Avenue Wilmington, NC 28405 910-540-7422 (Contact: Bonnie Narron) bonnie@firstqualityimports.com Page 2 of 6 Conditional Zoning District Application – Updated 12-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 3419 N Kerr Avenue 312907.67.9698 [R03316-004-018-000] RA Community Mixed-Use Reference Site Plan for layout, proosed improvements & details. The purpose of the Neighborhood Business (B-1) district is to provide lands that accommodate arange of small-scale, low-intensity, neighborhodd-serving commercial development that providesgoods and services to residents of adjacent neighborhoods. Ordinance regulations and theConditional District process are intended to ensure that potential adverse impacts of any use are mitigated through building layout, buffering, visual screening and landscaping for aesthetics. The proposed use for "vehicle services, minor," is not dissimilar to other businesses in the area. Itincludes repairs of small and/or personal vehicles consisting on a minor nature, such as tune-ups,oil changes, chassis lubrication, tire change or repair, wheel alighment, and muffler repair orinstallation. No major services, such as assembly or disassembly of engine or body parts, orpainting would be permitted 0.806 ac.+/- CZD / B-1 0.806 ac.+/- Page 3 of 6 Conditional Zoning District Application – Updated 12-2020 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1.How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. Automobile Care Center (942) 6000 s.f. GFA 14 19 The policies for growth & development encourage continued efforts to attract and maintainbusinesses. The petitioner has operated a successful enterprise here in New Hanover Countyfor several years, but currently occupies leased space. The petitioner already owns this landand lives adjacent to the subject tract. The property is accessed directly from North Kerr Avenue, a major thoroughfare in the County, along which business activities are mostconveninent & appropriate. Sustainability of the County depends on sensible in-fill andmaximizing land use efficiency. Page 4 of 6 Conditional Zoning District Application – Updated 12-2020 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 requested rezoning is simply an extension of similar businesses along N. Kerr Avenue from its intersection with Castle Hayne Road, where residential development has been burgeoning over thepast several years. Locating services in a commercial node is good planning strategy. The difference isthat the proposed project is subject to all current requirements and regulations, so will mitigate anyadverse impacts to the remaining few homes along the corridor. The tract is identified in the Comprehensive Land Use Plan as a "Community Mixed-Use" place-type.The plan suggests higher densities or more intensive uses to support the sourrounding residentialneighborhoods. The proposed project is an acceptable transition use along the busy road corridor. Page 5 of 6 Conditional Zoning District Application – Updated 12-2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial This application form, completed and signed Application fee: x $600 for 5 acres or less x $700 for more than 5 acres x $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 Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads x 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. x 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. x All existing and proposed easements, required setbacks, rights-of-way, and buffers. x The location of Special Flood Hazard Areas. x 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. x Approximate location and type of stormwater management facilities intended to serve the site. x Approximate location of regulated wetlands. x 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 CW CW CW CW CW CW CW N/A Legal Description for a Conditional Zoning District Over Part of 3419 N. Kerr Avenue Beginning at a point in the southern boundary of N. Kerr Avenue (formerly known as the Wrightsboro / Winter Park Road); a 100’ public right‐of‐way (S.R. 1322); said point being approximately 775 feet along that boundary from its intersection with the eastern boundary of Castle Hayne Road, a 100’ public right‐of‐way (N.C. Hwy. 133); and running thence from the point of beginning with the N. Kerr Avenue right‐of‐way, North 88048’ East, 160.07 feet to a point; thence South 00030’ West, 223.82 feet to a point; thence North 88003’ West, 160.05 feet to a point; thence North 00030’ East, 215.02 feet to the N. Kerr Avenue right‐of‐way, the point and place of Beginning, containing 35,107 square feet, or 0.806 acres, more or less. REPORT OF COMMUNITY MEETING NOTIFIACTION BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: First Quality Imports / 3419 N. Kerr Avenue Proposed Zoning: RA to (CZD) B-1 for a Vehicle Services / Minor Automotive Shop 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 February 16, 2021 . 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: March 1, 2021 Applicant: Design Solutions By: Cindee Wolf Community Information Contacts Project: First Quality Imports Name Address Email (Optional) Sandra Stiles 3416 N. Kerr Ave srhstiles@gmail.com Cindee Wolf Project Planner cwolf@lobodemar.biz 1 cwolf@lobodemar.biz From:cwolf@lobodemar.biz Sent:Thursday, February 25, 2021 2:10 PM To:'sandra stiles' Cc:'bonnie@firstqualityimports.com'; 'David Narron'; 'icrcontracting@aol.com' Subject:RE: First Quality Imports Ms. Stiles, We appreciate your comments & they will be included in the community information report that accompanies the rezoning submittal. Our County continues to evolve with new residents, and Wrightsboro and the Kerr Avenue corridor certainly have changed over the years, too. The Comprehensive Land Use Plan is intended to steer future development, which promotes locating neighborhood services close to those customers they service. Updated Ordinances also provide for more landscaping & site improvements to mitigate impacts to surrounding properties. Please do not hesitate to contact me again if you have questions or need additional information. Thank you. Cindee Wolf From: sandra stiles <srhstiles@gmail.com> Sent: Thursday, February 25, 2021 12:19 PM To: cwolf@lobodemar.biz Subject: First Quality Imports C. Wolf We went through this several years ago and at that time 2 rows of "Adjacent Property Owners" showed up to the meetings and made it quite clear to our then to our new neighbors that we didn't want our neighborhood rezoned or their "car fix it shop"!!!!!!!!!! If you look at the map of our neighborhood it shows a neat rectangle of all of our houses bordered by commercial businesses. We are an old established group of neighbors and absolutely do not want their commercial establishment plopped down within our neighborhood. We informed both the planning Board and Commissioners that we vehemently opposed having our neighborhood rezoned to allow their "car fix it shop" " to be built. I also expressed to the commissioners that I could never imagine they would want this "car fix it shop" set down the the middle of their own neighborhood! This shop would be catty cornered from my own front yard! Adjacents Owners within a 500' Perimeter:OWNER NAME ADDRESS CITY STATE ZIP SITUS ADDRESSBRINSON PROPERTY HOLDINGS LLC 3108 KITTY HAWK RD WILMINGTON, NC 28405 3501 KERR AVE N WILMINGTONCORBETT PACKAGE COMPANY PO BOX 210 WILMINGTON, NC 28402 HARNETT AVE WILMINGTONCROWDER JON C VIRGINIA T 151 HORNE PLACE DR WILMINGTON, NC 28401 3329 KERR AVE N WILMINGTONDUNCAN JAMES T JR 109 RED FOX RD WILMINGTON, NC 28409 3401 KERR AVE N WILMINGTONHERRING MARILYN B HRS 3412 KERR AVE N WILMINGTON, NC 28405 3412 KERR AVE N WILMINGTONHOMMES MARK TAMARA CHAPPELL 5126 MASONBORO HARBOUR RD WILMINGTON, NC 28409 3509 HARNETT AVE WILMINGTONINMAN DAN E MARIE P 1802 BRIERWOOD RD WILMINGTON, NC 28405 3512 KERR AVE N WILMINGTONJAMES MELANIE 3505 HARNETT AVE WILMINGTON, NC 28401 3505 HARNETT AVE WILMINGTONLA BELLA AIROSA LLC 3500 KERR AVE N WILMINGTON, NC 28405 3500 KERR AVE N WILMINGTONLA BELLA AIROSA LLC 625 KIMBERLY CT ROCKY POINT, NC 28457 3504 KERR AVE N WILMINGTONLANE MARIE B 3400 KERR AVE N WILMINGTON, NC 28405 3400 KERR AVE N WILMINGTONNARRON DAVID M BONNIE D 3415 KERR AVE N WILMINGTON, NC 28405 3415 KERR AVE N WILMINGTONOUTER RIM ENTERPRISES INC 3508 KERR AVE N WILMINGTON, NC 28405 3508 KERR AVE N WILMINGTONSEBRELL WILLIAM H JR MARTHA M 3325 KERR AVE N WILMINGTON, NC 28405 3323 KERR AVE N WILMINGTONSEBRELL WM H JR MARTHA M 3325 KERR AVE N WILMINGTON, NC 28405 3325 KERR AVE N WILMINGTONSECUNDINO JOSE FAUSTINA ROBLES ETAL3626 CAROLINA BEACH RD WILMINGTON, NC 28412 3501 HARNETT AVE WILMINGTONSPENCER WILLIAM MARY BELIA GRACEY 1204 HIGHWAY 107 S DEL RIO, TN 37727 3501 HARNETT AVE WILMINGTONSTILES HUBERT A SANDRA 3416 KERR AVE N WILMINGTON, NC 28405 3416 KERR AVE N WILMINGTONTELSTAR LLC 3511 HARNETT AVE WILMINGTON, NC 28401 3511 HARNETT AVE WILMINGTONWILLIAMS JANET HERRING ETAL 511 ASHLEY PL JACKSONVILLE, NC 28546 3420 KERR AVE N WILMINGTONWILLIAMS JANET HERRING ETAL 511 ASHLEY PL JACKSONVILLE, NC 28546 3408 KERR AVE N WILMINGTONWILLIAMS JANET HERRING ETAL 511 ASHLEY PL JACKSONVILLE, NC 28546 3404 KERR AVE N WILMINGTONWILLIAMS JANET HERRING ETAL 511 ASHLEY PL JACKSONVILLE, NC 28546 3420 KERR AVE N WILMINGTONWRIGHTSBORO HOLDINGS LLC 3807 PEACHTREE AVE STE 200 WILMINGTON, NC 28403 3509 KERR AVE N WILMINGTONWRIGHTSBORO HOLDINGS LLC 3807 PEACHTREE AVE STE 200 WILMINGTON, NC 28403 3507 KERR AVE N WILMINGTONWRIGHTSBORO HOLDINGS LLC 3807 PEACHTREE AVE STE 200 WILMINGTON, NC 28403 2530 CASTLE HAYNE RD WILMINGTONWRIGHTSBORO VOL FIRE DEPT 3515 KERR AVE N WILMINGTON, NC 28401 3515 KERR AVE N WILMINGTON Project Information Notice February 16, 2021 To: Adjacent Property Owners Re: 3419 N. Kerr Avenue / First Quality Imports The Owners of this property are interested in developing a portion of it to relocate their existing automotive service business. An exhibit of the general site layout is attached. 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. The County requires that the developer notify the property owners within a 500’ 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.