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
Glenn & Janet Weaver Nester
4224 Castle Hayne Road
Castle Hayne, NC 28429
910-297-1895
janetweaver@yahoo.com
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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.
4224 Castle Hayne Road 322119.61.8719 [R01700-004-033-000]
7.90 ac. R-20 / Residential
(CZD) B-2 2.00 ac.
N/A 5000 s.f. GFA
Community Mixed-Use & Employment Center
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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:
Single-Tenant Office (ITE - 715)
5000 s.f. Building
9 9
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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.
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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?
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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
CAW
CAW
N/A
CAW
CAW
Legal DescripƟon for
CondiƟonal District Rezoning of
p/o 4224 Castle Hayne Road
Beginning at a point in the southeastern boundary of Castle Hayne Road (U.S. Hwy. 117), a 60’
public right-of-way; said point being the northeastern-most corner of “Tract B,” shown on a plat
enƟtled “Division of Farm 105 – Marathon Colony,” recorded among the land records of the
New Hanover County Registry in Map Book 28, at Page 173; and running thence:
South 32050’15” East, 528.00 feet to a point; thence
South 57006’15” West, 165.00 feet to a point; thence
North 32050’15” West, 528.00 feet to a point; thence
North 57006’15” East, 165.00 feet to the point and place of beginning, containing 2.00 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
4224 Castle Hayne Road 322119.61.8719 [R01700-004-033-000]
In-Person Shelter #2 / NHCo Northern Regional Park
Tuesday, September 26, 2023 / 6:00 P.M.
Closest proximity of a County Park facility to the project location
September 13, 2023
PROPERTIES WITHIN A 500' PERIMETER OF 4224 CASTLE HAYNE ROAD:
SUBJECT PROPERTY
NESTER GLENN JANET 4224 CASTLE HAYNE RD CASTLE HAYNE NC 28429
ADJACENT PROPERTY OWNERS MAILING ADDRESS CITY / STATE / ZIP
BESSETTE RICHARD P KRISTEN D 4840 SUNSET FOREST CIR HOLLY SPRINGS NC 27540
BLACKMAN JOHN M PO BOX 15681 WILMINGTON NC 28408
CAYTON WILMA S HEIRS 4324 CASTLE HAYNE RD CASTLE HAYNE NC 28429
CHICKEN COOP ENTERPRISES LLC 4229 CASTLE HAYNE RD CASTLE HAYNE NC 28429
CODERRE SHANE ETAL 2005 CANE ISLAND PL WILMINGTON NC 28409
CONCRETE SERV CO OF JACKVLE PO BOX 1867 FAYETTEVILLE NC 28302
DEGIFFARDE CLAUDIO GWENDOLYN 307 HERMITAGE RD CASTLE HAYNE NC 28429
DIAZ JUAN CECILIA G 4815 CASTLE HAYNE NC CASTLE HAYNE NC 28429
DRISH JOHN M SR DAPHNA K ETAL PO BOX 12310 WILMINGTON NC 28405
DUPRIEST MAUDE REE HEIRS PO BOX 580 CASTLE HAYNE NC 28429
HERMITAGE PROP HOLDINGS LLC PO BOX 571 WRIGHTSVILLE BCH NC 28480
HERRON APRIL G JAMES D 1008 TIDINGS RD LELAND NC 28451
KAPCOR LLC 660 AUGUSTINE AVE SUPPLY NC 28462
KORNEGAY RONALD E NINA M 4241 CASTLE HAYNE RD CASTLE HAYNE NC 28429
LEWIS LESLIE 4128 CASTLE HAYNE RD CASTLE HAYNE NC 28429
LEWIS LESLIE 4128 CASTLE HAYNE RD CASTLE HAYNE NC 28429
MULLINS DAVID WAYNE 204 RENWOOD CIR WILMINGTON NC 28405
MULLINS WILLIAM R MICHELE L 4228 CASTLE HAYNE RD CASTLE HAYNE NC 28429
MULLINS WILLIAM R MICHELE L 4228 CASTLE HAYNE RD CASTLE HAYNE NC 28429
NESTER GLENN JANET 2955 ORVILLE WRIGHT WAY STE 120 WILMINGTON NC 28405
RAMIREZ FRANCISCO J 4120 CASTLE HAYNE RD CASTLE HAYNE NC 28429
SHARP WILLIAM C ETAL 205 HERMITAGE RD CASTLE HAYNE NC 28429
SHARP WILLIAM C ETAL 205 HERMITAGE RD CASTLE HAYNE NC 28429
SZCZERBIAK STEPHEN J JR 104 MCDOUGALD DR CASTLE HAYNE NC 28429
WHITE FAMILY TRUST 300 HERMITAGE RD CASTLE HAYNE NC 28429
WHITE FAMILY TRUST 300 HERMITAGE RD CASTLE HAYNE NC 28429
September 13, 2023
To: Adjacent Property Owners
Re: Outdoor Experts / 4224 Castle Hayne Road
Outdoor Experts is a professional design / build landscape contractor that is interested in locating their
facilities at this address. The property is currently owned by Glenn & Janet Nester, zoned R-15, and already
has an existing storage building. The proposed plan is to improve an area for employee parking and a fenced /
outdoor materials storage yard at the rear. The rezoning petition would be a Conditional District for Highway
Business (CZD / B-2) and would require approval from 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, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed.
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. This
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 Tuesday, September 26th, 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.