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HomeMy WebLinkAboutApplicationNEW 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 1 0.3.3 of the Unified Development Ordinance. �ptio Pre-Appkicaiion Conlerence 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Ward and Smith, P.A., c/o Samuel B. Franck Wilmington Development Group, Inc. Company Company/Owner Name 2 Address Address 127 Racine Drive 302 North Lumina Avenue City, State, Zip City, State, Zip Wilmington, NC 28403 Wrightsville Beach, NC 28480-2822 Phone Phone (910)794-4835 (910)233-0406 Email Email sbf@wardandsmith.com robert@thehivewilmington.com Page 1 of 6 Conditional Zoning District Application — Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) 147 Brentwood Drive, Wilmington, NC 28401 R04110-005-008-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 7.63 acres, more or less R-15Nacant Employment Center 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: CZ-R-5 I Total Acreage of Proposed District:7.63 acres, more or less 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 Exhibit A, 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. A development consistent with the Concept Plan attached hereto as Exhibit E. Page 2 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: ITE 221 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) Multifamily Housing Mid -Rise; 49 Units AM Peak Hour Trips: 10 PM Peak Hour Trips: 19 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 Exhibit A, attached. Page 3of6 Conditional Zoning District App►ication — 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. See Exhibit A, 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 Exhibit A, attached. Page 4 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 ® This application form, completed and signed © Application fee: See Exhibit C, attached. • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review ❑x Community meeting written summary See Exhibit D, attached. ❑ Traffic impact analysis (if applicable) N/A • 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 See Exhibit B, attached. ❑x Conceptual Plan including the following minimum elements: See Exhibit E, attached. 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. Applican itial C- _4. �.4 tr • 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 Page 5of6 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. Provide written consent to any and all conditions of approval. 1 Robert Rosenberg, President of Wilmington Development Group, Inc. Signature of Property Owner(s) Print Name(s) K. Samuel B. Franck 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 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 6of6 Conditional Zoning District Application — Updated 02-2022 Print Form NEW HANOVER COUNTY f ' PLANNING & LAND USE AUTHORITY FOR 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 herein 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 petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 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 indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address c/o Samuel B. Franck Wilmington Development Group, Inc. 147 Brentwood Drive Company Owner Name 2 City, State, Zip Ward and Smith P.A. Wilmington, NC 28401 Address Address Parcel ID 127 Racine Drive 302 North Lumina Avenue R04110-005-008-000 City, State, Zip City, State, Zip Wilmington, NC 28403 Wrightsville Beach, NC 28480-2822 Phone Phone (910) 794-4835 (910) 233-0406 Email Email sbf@wardandsmith.com rbert@thehivewilmington.com Application Case Number Reference: Date/Time received: Received by: 1 st This document was willfully executed on the Robert Rosenberg President, Wilmington Development Group, Inc. October day of 22 20_ 09i 14 Exhibit A Narrative Answers to Application Section 3 Proposed Zoning, Use, and Narrative: The purpose of the R-5 district is to allow for moderate to high density, compact residential development that can act as a transition between lower density residential areas and commercial development areas. Consistent with the proposed district, this rezoning will allow for the development of a first-class multi -family housing option consisting of townhouse units and ancillary common areas. The uses allowed on the parcel will include triplex and quadraplex residential lots. The proposed project, nestled between the existing B-2 zoned land on Castle Hayne Road to the east, and lower density residential land to the west, will create forty- nine (49) new luxurious townhouse units allocated among thirteen (13) lots on the approximately 7.63-acre tract. The townhouses will be situated in a mixture of triplex and quadraplex formations and located along a new private drive. Additionally, the project will establish a number of large open space areas with stormwater management controls, an attractive sidewalk for pedestrian access, and scenic landscaping. The proposed parking accommodations include two (2) spaces per unit, as well as overflow parking areas. After consultation with New Hanover County Planning Department and in response to discussions with adjacent homeowners, the applicant altered a number of items on the proposed Concept Plan, said alterations being further explained in Exhibit D to this Application. Additionally, the applicant currently intends to develop the project as a performance residential development in accordance with the Concept Plan attached as Exhibit E to this Application. Section 4 Conditional Zoning District Considerations: 1. How would the requested change be consistent with the Count policies for growth and development, as described in the 2016 Comprehensive Plan applicable small area plans, etc.? The proposed project is squarely in line with the 2016 Comprehensive Plan's ("Comprehensive Plan") interwoven equity theme as it will increase the range of housing types, opportunities, and choices within the County. The development will bring a unique housing option to this area, thereby increasing the diversity of housing options within the County as a whole. The project will also provide County residents with the opportunity to live in a non-traditional housing development, which fosters inclusivity for those residents who are not interested in, or cannot afford, the more traditional detached single-family house. The project is also consistent with the resilient economy theme promoted by the Comprehensive Plan. The development will help to revitalize and redevelop an under-utilized parcel of land. As it currently sits, this parcel is mostly vacant and undeveloped, which is a testament to the inefficiency of the current zoning designation. Granting this conditional rezoning application will promote a more efficient use of the land. Moreover, as encouraged by the resilient economy theme of the Comprehensive Plan, this proposal will create a unique space that attracts individuals and companies to the area. The site is perfectly poised to offer housing options to employees working at nearby commercial and industrial parcels. Consistent with the site's location, the project will locate an organically more affordable housing option near adjacent employment uses, thereby potentially decreasing the distance employees will have to travel to and from work. In line with the resilient economy and interwoven equity themes of the Comprehensive Plan, the proposed development will also bring new infrastructure improvements to the area. As it currently sits, the vacant site does not contain stormwater controls. Whereas, the proposed development will include applicable stormwater improvements and other infrastructure improvements that are currently lacking on the site. Additionally, consistent with the livable built environment theme, the proposed project will strengthen a residential area and will encourage safe, walkable communities. The proposed project boasts relatively compact housing units, common open space areas, and the addition of a sidewalk, all of which will increase pedestrian connectivity and encourage residents to enjoy the offered green space. 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 2016 Comprehensive Plan's Future Land Use Map ("Future Land Use Map") recommends an employment center place type for the future use of this property. This place type encourages a mix of uses, including moderate density residential developments. In line with these encouraged uses, the proposed project will create a moderate density, multi -family residential development consisting of approximately 6.7 units per acre. The proposed moderate density development will also create a smooth transition between the expected adjacent future uses. The Future Land Use Map proposes a future use of residential place type for the parcels located immediately to the northwest of this property. Further, the Future Land Use 2 Map recommends employment uses directly to the south of the development and community mixed use place type to the northeast. Accordingly, in line with the proposed uses of the surrounding area, this project will act as a transition between more commercial and industrial uses to the south and northeast and the low density residential uses to the northwest. Consistent with such a transitional area, the proposed density for this project is well below the maximum eight (8) units per acre allowed in the R-5 district. 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? Given the expected future use of this area of the County as an employment center place type, the current low density zoning designation for the subject property is inappropriate. The R-15 zoning district encourages very low density, expensive, and acreage dependent development that is largely located around other low density residential areas. Whereas, the expected future use of the site as an employment center encourages more moderate density residential development. Additionally, the current zoning designation is inappropriate given the large amount of area directly south of the site that is expected to be future employment center place type. Future adjacent uses could include commercial, office, or industrial development that would stand in stark contrast to the current R-15 zoning designation. However, consistent with the encouraged future use of the site, the proposed project will create a moderate density development that will act as a natural transition between northwestern low density residential development and expected southern commercial, office or industrial uses. Moreover, current market conditions encourage increasing the diversity of housing options through the development of unique multi -family housing projects. This multi -family housing development will help New Hanover County meet the increasing demand for additional, more affordable housing options. ND:4883-8359-0454, v. 2 3 Exhibit B Legal Description All of that certain lot or parcel of land located in New Hanover County, State of North Carolina, and being more particularly described as follows: BEING all of Lot 2R, containing a recombined acreage of 332365.95 SF or 7.630 AC, more or less, as shown on that map entitled "Recombination Survey For: Brock and Kern" dated August 31, 2017, prepared by Gary Wayne Keyes, PLS of Gary W. Keyes Land Surveying, P.C. and recorded in Map Book 63, Page 297 in the office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more complete description. ND:4863-7039-0070, v. 1 Exhibit C Application Fee [Attached] ND:4874-4603-2694, v. 1 Exhibit D Community Information Meeting Notice and Summary [Attached] ND:4859-3896-6838, v. 1 147 Brentwood Drive, LLC 302 Lumina Ave N Wrightsville Beach, NC 28480 Phone: (910) 233-0406 Email: robert@thehivewilmington.com September 22, 2022 COMMUNITY INFORMATION MEETING NOTICE Conditional Rezoning Request Re: 147 Brentwood Dr Wilmington, NC 28401 (New Hanover County Tax Parcel ID R04110-005-008-000) Dear Property Owner, This is a notice for a community information meeting for Conditional Rezoning. The subject property zoned R-15 is approximately 7.64 acres and is located at 147 Brentwood Drive in Wilmington and is identified by the New Hanover County Tax Parcel ID listed above. A parcel map of the area with the subject property outlined in turquoise is attached to this notice as Exhibit A. The new proposed zoning is R-5 for a townhouse development and the conceptual land plan is attached to this notice as Exhibit B. The meeting will be held at 3pm on October 2, 2022 at 216 N. Front Street Wilmington, NC. For further information, or if you are unable to attend the community information meeting and have any questions, comments or concerns, you may email Robert Rosenberg at robert(@thehivewilminoton.com or the developers will gladly speak or meet with you individually at your convenience. Sincerely, Robert Rosenberg EXHIBIT A Find A Parcel •.l' 141 9/20/2022. 3:52,26 PM 1:2,000 • Property Owners MOJ Roads Dimensions ROW 0 003 005 0.1m, ■ Addresses - Menidpal Boundaries Dimensions Property 0 ana o.w 0.15k Roads —. Px 1 Boundaries merry K,a,.�nn,�,, mo y ue. „amry Gary �+c EXHIBIT B r a 4 # S PROJECT ° � � � U THE HIVE AWAY g Y t 147 BRENTWOOD DRIVE & Q % WILMINGTON, NC 5 '� CONDITIONAL REZONING Community Information Meeting Summary 147 Brentwood Drive DATE/TIME/LOCATION The Community Information Meeting was conducted by the applicant at 3pm on October 2, 2022 at 216 N. Front Street, Wilmington, NC. The applicant's attendees included Kaylie O'Connor (agent of applicant), Robert Rosenberg (agent of applicant), and Josh Mihaly (applicant's designer). ATTENDEES Cammie Murray - 146 Brentwood Dr Kay Sharpies - 138 Victoria Dr* Esther Salden - 146 Brentwood Dr* Wayne Salden - 146 Brentwood Dr* Janie Anderson - 112 Glendale Dr Blue Eye Investments - 2026 Lynnwood Dr Christopher Brock - 127 Brentwood Dr Sherrie Culbreth - 131 Brentwood Dr Dean Culbreth - 131 Brentwood Dr Alexander Emerson - 116 Glendale Dr Suzanne Keenan - 3665 Sandpiper Rd Anthony Divincenzo - 142 Brentwood Dr* Karen Divincenzo - 142 Brentwood Dr* Julia Jewel - 304 Palmetto Rd* Katie Meyer - 202 Palmetto Rd* Josh Meyer - 202 Palmetto Rd* Dale Spencer - 135 Brentwood Dr Scarlett Spencer - 137 Brentwood Dr Gregory Spencer - 137 Brentwood Dr James Strictland - 168 Brentwood Dr Doug Walker - 306 Palmetto Rd Hope Sutton - 126 Victoria Dr* Sky Dunning - 126 Victoria Dr* Matt Resnick* Several attendees of the community meeting live outside the scope of the notice list. These are noted with an *. SUMMARY OF DISCUSSION Traffic Several attendees shared concerns about the public roads in the vicinity of the proposed project. These related to traffic flow on, and parking along, Brentwood Drive, traffic pressure arising out of the commercial uses along Castle Hayne Road, a dangerous curve on Glendale Road, and the impact of construction traffic. One attendee shared an explanation that some traffic circles are planned on the nearby public roads to help alleviate traffic issues. Community Information Meeting Summary 147 Brentwood Drive This proposed development is not significant enough to warrant a traffic study, and the trip generation is similar for the proposed development as to that associated with a "by -right" development. This information was shared with the attendees. Adaptations to the plan of development based on community concerns regarding traffic and parking are described below. Storm Water/Flooding Multiple attendees expressed concerns about flooding and storm water retention, including concerns about publicly -maintained drainage systems that are not located on the subject property. The applicant's designer explained to attendees that onsite water issues pertain to the amount of impervious surface and that there would be a nominal difference in impervious surface between R15 and R5. Infrastructure Several attendees shared opinions related to public infrastructure in the area. Some attendees asked about the applicable water supply, and expressed frustration that central water is not available from the CFPUA to their individual properties. Attendees expressed concern about the lack of resources and attention their neighborhood has been given historically by NCDOT (Brentwood Dr and Glendale Rd) referencing, e.g., having to clean their own ditches and fill their own potholes. One attendee asked if the sidewalks and streets of the proposed development would be open for neighboring property owners to use, citing Preservation Point as being closed/gated. The existing infrastructure that serves the real property of others is beyond the scope of this rezoning proposal. Design Several attendees shared positive comments and appreciation of the general land design, and the effort to keep as much of the existing tree canopy as possible. Although not the subject of the rezoning proposal, multiple attendees requested information about the design of the buildings planned for the proposed development, and the structure for the planned community for the same. We were also asked about the plans to sell or rent the homes in the new development. Multiple attendees wanted to see more boundaries and buffers between the new townhouse units and their existing properties. A summary of the changes incorporated in the design in response to these notes is included below. Community Information Meeting Summary 147 Brentwood Drive General We entertained several other questions and comments that are not related to the subject rezoning, including the following: • One attendee repeated a number of times that she thought the project is beautiful and great, but only if it was somewhere else - not in her backyard. The same attendee asked if the applicant had been in any lawsuits or open court cases and wanted the name of the applicant's attorneys. • Attendees asked about the projected price point and wanted to know if the homes would be government subsidized. • One attendee expressed that the increase in their property value as a result of the new development would only increase how much they pay in taxes. As none of these comments relate to the proposed rezoning, we did not address the same in adaptation of the design. CHANGES AND ADJUSTMENTS TO PROPOSED DEVELOPMENT IN RESPONSE TO COMMUNITY MEETING In response to the comments garnered at the community meeting, the applicant altered a number of items on the proposed site plan: • In response to traffic congestion concerns on Brentwood Drive, the applicant updated the site plan to provide a suburban cul-de-sac drive that creates a single entry/exit point at the entrance of the development closest to Castle Hayne Road. • Additionally, the applicant created overflow parking spaces within the site aimed at preventing increased parking along Brentwood Drive. • In response to concerns about stormwater management, the applicant worked with the project engineer to properly demonstrate the stormwater management facilities on the proposed site plan. • To ensure the development is properly integrated into the greater community and to demonstrate the site's walkability, the applicant has altered the site plan to show the new cu-de-sac drive and proposed sidewalk improvements. • Additionally, the applicant took a number of steps to address concerns from neighboring homeowners regarding the proximity of units to adjacent developments. The applicant moved the location of the southern units farther away from Brentwood drive and added a larger landscaped buffer between the proposed units and the existing residential lots located along Brentwood Drive. The applicant also added additional landscape buffering toward the northern end of the site in between the proposed units and adjacent residential property owners. ND:4864-0755-9996, v. 3 Exhibit E Concept Plan and Existing Vegetation Narrative [Attached] ND:4876-3562-8342, v. 1 Existing Vegetation Narrative The vegetation located at 147 Brentwood consists of a variety of different sized native Live Oaks, Water Oaks, Laurel Oaks, Longleaf /Loblolly/Virginia Pines, and Magnolia trees typically found in Southeastern North Carolina. The proposed triplexes and quadraplexes have been positioned to save as many large trees as possible to preserve the integrity of the existing vegetation. Proposed driveway layouts connect to each unit in a manner that saves existing trees to prevent needless loss of vegetation. Existing wetlands on site consist of herbaceous plant material that is typically found with low lying areas within Southeastern North Carolina. Trees within the opens space and buffer yards will be saved to help provide a seamless transition from existing residential lots and the proposed project. ND:4866-5553-7206, v. 1 m yzy - 3 pp o � av � 1 m 2 � S� b fr% O T x a SS m O ^C O O P 3^ i O O ° N < 0 c z ' °oaogya�mo„N€;9= O Rci�°BmFgo�=$4'a$£m$„^=faN°gym b D a F It 3 nm M- ➢; s =ama$m '; z g- m o mE �zg$4 m'g< �No �ga $ "w'!--2 °�"a4 Eaff Rg N D D 8 S'k vfz $m$som gmnm1°r��, omo mm °gmio $mF�omio� ,�z Baam Li � � o �$9oaom mb='Sgm oqR Pjo PROJECT BRENTWOOD TOWNHOMES S O , n g Y =z^ 147 BRENTWOOD DRIVE - c ,'`. WILMINGTON, NC 3 g CONDITIONAL REZONING N