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HomeMy WebLinkAboutApplicationPage 1 of 6 Conditional Zoning District Application – Updated 02-2022 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 Design Solutions Cindee Wolf P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz Rolina Homes NC, L.L.C. 501 Bramson Court Mount Pleasant, SC 29464 804-516-6290 (Contact: Whit Beebe) whitbeebe@rolinahomes.com Page 2 of 6 Conditional Zoning District Application – Updated 02-2022 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. 4801, 4805, 4809 & 4813 Shelley Drive 314805.18.6331, 7239, 8229 & 9238 R-15 General Residential CZD / R-5 0.92 ac. 40,035 s.f. (0.92 ac.) Page 3 of 6 Conditional 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: 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. Single-family Homes (210) per Dwelling Unit (7) 5 7 Page 4 of 6 Conditional 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? Page 5 of 6 Conditional 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 Applicant 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) • 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.  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 • 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  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 CAW CAW CAW N/A CAW CAW CAW CAW Legal DescripƟon for CondiƟonal 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 intersecƟon 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. 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 30th, 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 Moench / Stauble 4817 Lord Nance Dr deirdre.moench@gmail.com From:cwolf@lobodemar.biz To:"Deirdre Moench" Cc:"whitbeebe rolinahomes.com" Subject:RE: Design Solution inquiry Date:Wednesday, May 31, 2023 9:20:00 AM Attachments:NCDOT Proj.pdf Arch-Style.pdf CZD Plan May30.pdf 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 1st. 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 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 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 NC 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 NC 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 SPRING BRANCH RD WILMINGTON NC 28405 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz 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.