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HomeMy WebLinkAboutApplicationPage 1 of 7 Conditional Zoning District Application – Updated 06-2023 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use 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 Hanover Lakes, L.L.C. Greenville, NC 27858 252-355-5805 brianfleer@kw.com (Brian Fleer - Agent for Contract Purchaser) 200 E Arlington Blvd, Suite A Page 2 of 7 Conditional Zoning District Application – Updated 06-2023 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: Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if applicable) Please list all of the specific 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. 2117 Castle Hayne Road 312914.44.8311 [R04100-001-146-000] 2.20 ac.(CZD) O&I / Vacant Community Mixed-Use N/A 18,000 s.f. GFA - in 3 Bldgs (CZD) B-2 2.20 ac. Page 3 of 7 Conditional Zoning District Application – Updated 06-2023 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. Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended Planning Board agenda. ITE Land Use(s): Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: Business Park (770) Calculated based on 18,000 s.f. GFA 25 23 Reference the attached "Concept Plan" for site layout, proposed improvements and details. Proposed uses will be limited to: * Indoor Recreation Establishment (w/ Shooting Ranges prohibited)* Animal Grooming / Veterinary (w/ Kennel or Daycare prohibited)* Business Service Center* Contractor Office* Offices for Private Business & Professional Activities* Personal Services, General (w/ Tattoo Parlors prohibited* Instructional Services & Studios* Retail Sales, General Additionally, the conditions of approval for the previous district will continue. Page 4 of 7 Conditional Zoning District Application – Updated 06-2023 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. Page 5 of 7 Conditional Zoning District Application – Updated 06-2023 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 6 of 7 Conditional Zoning District Application – Updated 06-2023 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 (all property owners must sign signatory page)  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 Information Meeting Report (complete and signed by agent or all property owners)  Traffic Impact Analysis if applicable (use of attached report document is recommended) • 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 [Note: If elements beyond the minimum requirements are shown on the concept plan they may be considered conditions of approval if not eligible for approval as minor deviations]: 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 CAW N/A CAW CAW CAW CAW Legal DescripƟon for CondiƟonal District Rezoning of 2117 Castle Hayne Road Beginning at a point in the western boundary of Castle Hayne Road (NC Hwy. 133), a 100’ public right-of-way; said point being located North 77025’11” West, 20.21 feet from the northeastern corner of “Hanover Lakes – Phase I,” a development recorded among the land records of the New Hanover County Registry in Map Book 62, at Page 318; and running thence: North 77025’11” West, 406.23 feet to a point; thence North 13025’05” East, 234.24 feet to a point; thence South 76034’55” East, 423.70 feet to a point in the western boundary of Castle Hayne Road; thence with that right-of-way, South 17048’11” West, 228.97 feet to the point and place of beginning, containing 2.20 acres, more or less. Page 1 of 2 Community Information Meeting Report – Approved 06-2022 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use COMMUNITY INFORMATION MEETING REPORT This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned development, or intensive industry special use permit in order for the application to be deemed complete. Address/Location Parcel Identification Number(s) Meeting Date and Time Format (Virtual, In-Person, Hybrid) Location if In-Person or Hybrid Selection Criteria for Location Meeting Summary Issues and Concerns Discussed at Meeting In-Person Shelter #2 - Northern Regional Park Closest county Park to proposed development site. 312914.44.8311 [R04100-001-146-000] 2117 Castle Hayne Road Monday, September 25, 2023 / 6:00 p.m. From:Cathy Miller To:cwolf@lobodemar.biz Subject:2117 Castle Hayne Road Date:Monday, September 25, 2023 12:53:26 PM Dear Ms. Wolf, We will not be able to attend the meeting this afternoon. Opon review of the information recently mailed regarding this issue, our family has no objection to the new proposal for the site located at 2117 Castle Hayne Road. Best of luck to your client in their new venture. Best Regards, Cathy Miller (910) 617-2385 On behalf of the family of Jane Seitter Sent from Yahoo Mail on Android From:cwolf@lobodemar.biz To:"Donna Balogh" Subject:RE: Re-zoning on Castle Hayne Road Date:Monday, September 25, 2023 1:49:00 PM Ms. Balogh, Thank you for your comments. This evening is just an informational meeting by the developer, and I am sure that limitation on types of proposed uses will certainly be a topic of conversation. The intent is to make formal submittal to the County on October 2nd. I will be happy to share the full narrative of the proposal after submittal. That will include the conditioned uses. After that, the next notice you would receive will be directly from the County, as to a public hearing by the Planning Board. That is the venue to voice your opposition, or if we can address your concerns, support. Regards, Cindee -----Original Message----- From: Donna Balogh <donnab1958@comcast.net> Sent: Monday, September 25, 2023 12:39 PM To: cwolf@lobodemar.biz Subject: Re-zoning on Castle Hayne Road Good afternoon Cindee, My husband and I are residents of Hanover Lakes and are not available to attend the Re-zoning meeting this evening. That being said, and with very little information about the business that is being proposed on the site just outside of our neighborhood, I would like to express our opposition to the re-zoning of the land on Castle Hayne Road just to the north of Hanover Lakes. Until more information is provided to the residents of Hanover Lakes as to the type of business proposed, we vote no to the re-zoning. Thank you, Donna Balogh September 28, 2023 Backyard Specialists, Inc. 2200 Teresa Drive Castle Hayne, NC 28429 Attention: Mr. Gene Robbins Subject: Terrain Environmental Consulting Project 23-032-WS Jurisdictional Delineation 2117 Castle Hayne Road Wilmington, NC Dear Mr. Robbins: Thank you for the opportunity to provide you with jurisdictional delineation services at the above referenced project site. These services have been performed in general accordance with the email scope of services dated June 28, 2023. The results of the jurisdictional delineation are presented below. PROJECT BACKGROUND INFORMATION It is our understanding that you requested the jurisdictional delineation to help identify potential Waters of the US (WOTUS) prior to the property transaction and to assist with the development of the property. METHODOLOGY Prior to mobilization for fieldwork, we consulted US Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) maps, US Department of Agriculture (USDA) Web Soil Survey maps, US Geological Survey (USGS) topographic quadrangle maps, the State’s Geographic Information System (GIS) hydrological data, shaded relief maps and New Hanover County GIS maps. We mobilized to the site on July 4, 2023 to review the site for the presence of potential WOTUS and delineate their boundaries. The following references were used to assist in the identification of potential WOTUS, including wetlands: the U.S. Army Corps of Engineers (USACE) 1987 Wetland Delineation Manual and appropriate Regional Supplement, USACE Regulatory Guidance Letter 05-05 Ordinary High Water Mark (OHWM) Identification, North Carolina Division of Water Resources (NCDWR) Stream ID Manual, and the 2023 WOTUS definition Terrain Environmental Consulting Project No. 23-032-WS September 28, 2023 Jurisdictional Delineation – 2117 Castle Hayne Road 2 FINDINGS Background Research None of the resources reviewed indicated the presence of streams or other surface waters present. The Web Soil Survey indicated the presence of a potential hydric soil series, Torhunta, mapped in the western third of the property. Although not all hydric soil series are comprised entirely of wetland, an area must have the presence of hydric soil (along with dominance of hydrophytic vegetation, and presence of wetland hydrology), as determined by the presence of one field indicator of hydric soils, in order to be considered a wetland. The shaded relief mapping indicated potentially lower elevation areas along the southern property line and in the eastern portion of the property but the elevation change appears to be very minimal and do not appear to represent significant depressions or drainageways. Jurisdictional Delineation Following review of the above-referenced resources, TEC personnel mobilized to the site on July 4, 2023 to perform the jurisdictional delineation. No streams or other surface waters were observed on the property. Roadside ditches are present along Castle Hayne Road and the private drive adjacent to the north. No water was present in those ditches during our site vist. The site appears to have been recently timbered as the most recent aerial photography show the site as being wooded. Two wetland features were identified and delineated, WA and WB, totaling approximately 0.32 acres and 0.04 acres, respectively. Although these features satisfy the three-parameter approach for determination of wetland per the 1987 Corps Manual and 2012 Regional Supplement, no continuous surface water connection was observed. Therefore, we do not feel these wetlands would be considered 404 or 401 jurisdictional features. Please see Figure 1 for the location of each wetland. DISCUSSION Since we feel that the two delineated wetlands would not be considered 404 or 401 jurisdictional features, we do not anticipate Section 404 or 401 permitting would be required to impact them, nor would mitigatjon be required. Please note that non- jurisdictional confirmation with USACE has not been obtained. Terrain Environmental Consulting Project No. 23-032-WS September 28, 2023 Jurisdictional Delineation – 2117 Castle Hayne Road 3 CLOSING We appreciate the opportunity to provide this proposal for jurisdictional delineation services. If you have any questions, please do not hesitate to contact me. Sincerely, Paul Masten, LSS, PWS President/Owner Attachment Figure 1 – Jurisdictional Delineation Figure 1 - Jurisdictional Delineation 2117 Castle Hayne RoadWilmington, NC 0 100Fe et September 2023NAD83 N C StatePlaneThis map is for reference only.t Castle Hayne Service Layer Credits: NC OneMap, NC Center for Geographic Inform ation and Analysis, N C911 Board New Hanover Legend Project Site Potential Wetland WA0.32 ac WB0.04 ac ADJACENT PROPERTIES WITHIN A 500' PERIMETER OF 2117 CASTLE HAYNE ROAD: SUBJECT PROPERTY OWNER HANOVER LAKES LLC 200 E ARLINGTON BLVD STE R GREENVILLE NC 27858 ADJACENT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP ATKINS RONALD L CAROL H 2232 LAKESIDE CIR WILMINGTON NC 28401 BEARD JUANITA L 110 JAMAICA DR WILMINGTON NC 28401 BENNETT KELVIN T 101 BERMUDA DR WILMINGTON NC 28401 BISHOP DEBORAH L 2225 LAKESIDE CIR WILMINGTON NC 28401 BOOHER JENNIFER 2241 LAKESIDE CIR WILMINGTON NC 28401 BOWDEN KEVIN R DEBRA G 2124 PATOKA LAKE RD WILMINGTON NC 28401 BOWDISH MARY N 2248 LAKESIDE CIR WILMINGTON NC 28401 BROMSTEAD DONALD V II CARLA 2324 LAKESIDE CIR WILMINGTON NC 28401 BROOKS LESLIE LISA 2116 PATOKA LAKE RD WILMINGTON NC 28401 BUFFALOE WESLEY B JR ET UX 2304 LAKESIDE CIR WILMINGTON NC 28401 COPE ALAN DENISE 2308 W LAKE SHORE DR WILMINGTON NC 28401 COUGHLIN KEITH R ETAL 106 BERMUDA DR WILMINGTON NC 28401 CURL KRIS E 2216 LAKESIDE CIR WILMINGTON NC 28401 ENGMANN BRAD W MARCELA 108 BERGERON WAY CARY NC 27519 ERBE DARREL C ETAL 2328 LAKESIDE CIR WILMINGTON NC 28401 FERRARESE PAUL N MIRANDA 2320 LAKESIDE CIR WILMINGTON NC 28401 GOLDEN BRIAN TRUSTEE ETAL 2245 LAKESIDE CIR WILMINGTON NC 28401 GRAFF JILLIAN M 2236 LAKESIDE CIR WILMINGTON NC 28401 GRANT CHRISTOPHER L ETAL 102 BERMUDA DR WILMINGTON NC 28401 GRAY MICHELLE E HUNTER B 2340 LAKESIDE CIR WILMINGTON NC 28401 GRESHAM MARGARET E 537 ONEIDA LAKE RD WILMINGTON NC 28401 HANOVER LAKES POA INC 127 RACINE DR STE 201 WILMINGTON NC 28403 HEIKKILA CHRISTINA W 2336 LAKESIDE CIR WILMINGTON NC 28401 KATLEN BARBARA L 2332 LAKESIDE CIR WILMINGTON NC 28401 KIMMEL MARY P 2256 LAKESIDE CIR WILMINGTON NC 28401 KNOWLES LARRY G 2204 LAKESIDE CIR WILMINGTON NC 28401 LONG BRANDON H TRUSTEE 629 SEA HAWK DR SUNSET BEACH NC 28468 LONG MARY HELEN 106 JAMAICA DR WILMINGTON NC 28401 LOPATA CHRISTOPHER TRACY 2208 LAKESIDE CIR WILMINGTON NC 28401 MALTOS ANNA R DANIEL 2252 LAKESIDE CIR WILMINGTON NC 28401 MARTIN JACOB W REBECCA L 2110 CASTLE HAYNE RD WILMINGTON NC 28401 MASON MICHAEL E MARGARET E 2237 LAKESIDE CIR WILMINGTON NC 28401 MCCULLEN RICHARD BARBI BAKER 2120 PATOKA LAKE RD WILMINGTON NC 28401 MERCK KRISTOFER 103 WENTBRIDGE RD CARY NC 27519 MIARS EMMA TRASK HEIRS 1727 AZALEA DR WILMINGTON NC 28403 MILLS MARSHA 2312 LAKESIDE CIR WILMINGTON NC 28401 NEUWIRTH KAREN C 2128 PATOKA LAKE RD WILMINGTON NC 28401 NORRIS REGGIE J 2127 CASTLE HAYNE RD WILMINGTON NC 28401 PALMAHUERGO LOLYKLARA 2229 LAKESIDE CIR WILMINGTON NC 28401 PANTOLIANO JULIE ET VIR 2104 CASTLE HAYNE RD WILMINGTON NC 28401 PARKER JENNIFER L BEAU A 2212 LAKESIDE CIR WILMINGTON NC 28401 PFLUG JOHN R JR BRITTANY N 2244 LAKESIDE CIR WILMINGTON NC 28401 PHAM NGOAN ETAL 118 BERMUDA DR WILMINGTON NC 28401 ROHENA CARLA D 2221 LAKESIDE CIR WILMINGTON NC 28401 ROME CHRISTINA CLAUDE ETAL 110 BERMUDA DR WILMINGTON NC 28401 SANCHEZ ANGELO AMY 2240 LAKESIDE CIR WILMINGTON NC 28401 SEEGER MARCUS B MEGAN T 114 BERMUDA DR WILMINGTON NC 28401 SEITTER EDWARD D 2207 CASTLE HAYNE RD WILMINGTON NC 28401 SEITTER JANE BRADSHAW LIFE EST 246 CARL SEITTER DR WILMINGTON NC 28401 SHADE KENNETH D JOANNE B 2344 LAKESIDE CIR WILMINGTON NC 28401 SHARPE MARY B 2220 LAKESIDE CIR WILMINGTON NC 28401 SHARP-ROYALS AMANDA ZACHARY 2316 LAKESIDE CIR WILMINGTON NC 28401 TADLOCK DONALD G SR JENEANE C 100 WATER ST WRIGHTSVILLE BCH NC 28480 TOLAR JESSIE M ETAL 2348 LAKESIDE CIR WILMINGTON NC 28401 TRYER JANE S 113 BERMUDA DR WILMINGTON NC 28401 TSOMBANIDIS JOSEPH CASSANDRA 533 ONEIDA LAKE RD WILMINGTON NC 28401 WILKINSON DONNA M 2224 LAKESIDE CIR WILMINGTON NC 28401 September 14, 2023 To: Adjacent Property Owners Re: 2117 Castle Hayne Road / Notice of a Community Information Meeting This vacant tract is currently owned by Hanover Lakes, L.L.C., and was zoned for commercial use in 2016. The plan was for a single, 12,900 square-foot, building with associated parking. My client is now interested in locating their business at this address, and providing for additional commercial uses – but with a different site layout. An exhibit of the proposed plan is attached. Another zoning process will be necessary for the modification. The intent is to submit for Conditional District / Highway Business (CZD / B-2), which requires re-approval by New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards & conditions pertaining to each individual development project. Essentially, this means that only the use, structure(s) & layout of an approved proposal can be developed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any other interested parties. This tract of land is within that proximity of your property. The meeting 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 Monday, September 25th, 6:00 p.m., at Shelter #2 of the Northern Regional Park, 4700 Old Avenue, Castle Hayne, 6:00 p.m. The location is left from Old Avenue, towards the tennis courts. If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910-620-2374, 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.