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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 5087 Edinboro Lane Wilmington, NC 28409 404-213-8697 (Contact: Cameron Zurbruegg) czurbruegg@hendonproperties.com Reference Attached List Reference Attached List Included Parcels: Parcel ID No.Tax Map No.Site Address Owner 313110.46.1721 R08514-003-004-000 7601 Carolina Beach Rd R&S Forest, L.L.C. 313110.46.1524 R08514-003-005-000 7611 Carolina Beach Rd SOCOL, L.L.C. 313110.36.8469 R08514-003-005-001 7615 Carolina Beach Rd SOCOL, L.L.C. 313110.36.8421 R08514-003-006-000 803 S Seabreeze Rd SOCOL, L.L.C. 313110.36.8492 R08514-003-006-001 Carolina Beach Rd SOCOL, L.L.C. 313110.46.1306 R08514-003-007-000 817 S Seabreeze Rd SOCOL, L.L.C. 313110.46.3373 R08514-003-007-001 831 S Seabreeze Rd Richard & Susan Yang 313110.36.9309 R08514-003-016-000 Carolina Beach Rd SOCOL, L.L.C. 313110.46.0483 R08514-003-017-000 Carolina Beach Rd SOCOL, L.L.C. 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. Reference Attached List Reference Attached List R-15 / VACANT Community Mixed-Use CZD / CB N/A 7.28 ac. 7.28 ac. Variable based on ultimate uses 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: Multiple uses (Reference Approved TIA) 389 284 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 CAW CAW CAW CAW CAW Legal DescripƟon for CondiƟonal District Rezoning Beginning at a point in the eastern boundary of Carolina Beach Road (U.S. Hwy, 421), a 160’ public right- of-way; said point being at its intersecƟon with the northern boundary of Seabreeze Road South (S.R. 1530), a 60’ public right-of-way; and running thence along the Carolina Beach right-of-way: North 14006’36” East, 141.95 feet to a point; thence North 13040’58” East, 112.04 feet to a point; thence North 13041’18” East 235.19 feet to a point at the intersecƟon with the southern boundary of Seabreeze Road North (S.R. 1528), a 60’ public right-of-way; thence with that right-of-way, South 69001’09” East, 425.51 feet to a point; thence South 68028’37” east, 61.78 feet to a point; thence leaving the roadway, South 00035’26” East, 137.50 feet to a point; thence South 00044’05” East, 137.54 feet to a point; thence North 89007’05” East, 92.32 feet to a point; thence South 20003’11” West, 241.48 feet to a point in the northern boundary of Seabreeze Road South; thence with that right-of-way, North 73029’09” West, 260.98 feet to a point; thence North 73017’34” West, 50.90 feet to a point; thence North 73001’39” West, 378.44 feet to the point and place of beginning, containing 7.28 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 MJ Best Western - 5600 Carolina Beach Rd Reference Attached Ownership List Tuesday, November 28, 2023; 6:00 p.m. In-person Closest proximity of an appropriate-sized venue for the expected turn-out 7600 Block of Carolina Beach Road From:Chris Mays To:cwolf@lobodemar.biz Subject:Re: Seabreeze Village proposal-Support Date:Friday, November 17, 2023 11:21:30 AM Just a follow up on my previous email. Would it be possible to make the entrance off of Seabreeze South and entrance only. Then make the exit out of the village going onto the Seabreeze North. That would relieve a lot of issues at the light on CB and South Seabreeze. On Fri, Nov 17, 2023 at 9:14 AM Chris Mays <chrismays6718@gmail.com> wrote: Dear Ms. Wolfe, I hope this email finds you well. My name is Chris Mays, and I am a resident of The Landing at Snowscut, located just off Seabreeze Road. I am writing to express my support for the proposed Seabreeze Village in our area but with one concern with the interchange at Seabreeze South and Carolina Beach Road. After carefully reviewing the proposal, I believe that this development would be a great addition to our community. However, I would like to address a concern that I believe will be shared by many residents at the upcoming meeting on the 28th. It pertains to the intersection with the traffic light at Carolina Beach Road and Seabreeze South. With the construction of townhomes off the access road at that location, there will inevitably be an increase in traffic. To ensure the smooth flow of traffic and address this concern, I strongly urge you to have a plan in place to address this issue at the meeting. One potential solution could be to work with the Department of Transportation (DOT) to widen Seabreeze Road near the light, creating a turning lane with a green arrow for vehicles heading towards Carolina Beach. The other lane could be designated for vehicles going straight or making a right turn from Seabreeze South Road onto Carolina Beach Road. This would help alleviate congestion and improve traffic efficiency. I would also like to commend the inclusion of a second entrance and exit onto Seabreeze North Road in the proposal. This additional access point should help relieve some of the traffic at the light for those residents who wish to head north on Carolina Beach Road without needing to rely on a traffic light. However, it is important to address the potential issues that may arise at Seabreeze South Road with the access road from the proposed village and vehicles exiting the development. I believe that by proactively addressing these traffic concerns, the Seabreeze Village project can be a success and a valuable addition to our community. I appreciate your attention to this matter and your commitment to ensuring the smooth integration of this development into our neighborhood. Thank you for your time and consideration. I look forward to discussing this further at the meeting on the 28th. Sincerely, Chris Mays 910-200-9922 Chrismays6718@gmail.com From:cwolf@lobodemar.biz To:"Harry VanEssendelft" Cc:"Cameron Zurbruegg" Subject:RE: rezoning of 7600 block of Carolina Beach Road Date:Wednesday, November 29, 2023 3:42:00 PM We appreciate your comments, and will include them in the report of the community information efforts. The location of that access drive paralleling the highway is certainly an awkward vehicular movement. A full traffic impact analysis has been completed and approved by NCDOT. If the project is successful in its rezoning pursuit, there will be improvements made at that intersection to add an exclusive westbound left turn lane, with 100 feet of storage. Adjustment of signal timings, to allow more time than is currently allotted, would also be optimized. As far as direct access to Carolina Beach Road, a drive cut was strictly prohibited by NCDOT. That position is very common along major corridors – to limit conflict points when there is an already-established roadway(s) for alternative access. The central drive through the project, with limited connections and no parking along it, was specifically designed to provide an alternative for northbound traffic to use Seabreeze Road N, rather than having to use the signalized intersection. There will be a center / left-turn lane into it from Seabreeze Road S. Please do not hesitate to reach out again if you have additional questions. Thank you. Cindee From: Harry VanEssendelft <peninsula511@gmail.com> Sent: Wednesday, November 29, 2023 1:50 PM To: cwolf@lobodemar.biz Subject: rezoning of 7600 block of Carolina Beach Road Hello Cindee: My husband and I were unable to attend the meeting that was held last night at the Best Western. Please allow me to voice our concerns with the property that is about to be rezoned. We realize it is a given that this will be accomplished, as the zoning commission seldom turns down the opportunity to increase the tax base of the county. Our concern, however, is with the fact that the rendering which is included with the developer's letter, shows the only access into and out of the proposed development will be from either Seabreeze Road North or Seabreeze Road South. I'm sure you are aware that recently, the zoning commission approved the development of 48 units which will be erected along the Access Road with ingress and egress only onto that access road. This means the build up of traffic waiting at the light is going to be unending. The traffic coming off the bridge and making a right into Seabreeze Road South is generally traveling at a pretty good rate of speed as they make the turn. Anyone making a left onto Seabreeze South, from the access road is already in danger. There have been numerous accidents on that corner - one as recently as last week involving a motor scooter. Traffic backup on Seabreeze South, waiting for the light to make the turn North or South is already an issue. With only two exits back out of the proposed complex, traffic backed up at that light is going to be a nightmare. For those of us who live south of Seabreeze Road, our only access out of the neighborhood is the access road along the highway. It is our contention that an ingress and egress off Carolina Beach Road between the proposed gas station and drive thru restaurant would be a good solution to this future problem. Since there is already a turn lane from the highway onto Seabreeze North, it is obvious that there is sufficient room to add a lane the length of the property. I hope that you will take our concern under consideration. Thank you, Sherrie & Harry Van Essendelft ADJACENT OWNER MAILING ADDRESS CITY / STATE / ZIP ASMW PROPERTIES LLC 519 MONROE AVE CAROLINA BEACH NC 28428 ATWOOD ERIC ANNAMARIE 1308 DEER HILL DR WILMINGTON NC 28409 BAILEY DONALD L SR DEBORAH 8037 MIDDLETON RD GARNER NC 27529 BARNES WILLIAM HUNTER 7624 NAVIGATOR LN WILMINGTON NC 28409 BASS HOLMAN CLYDE JR 821 N SEABREEZE RD WILMINGTON NC 28409 BEASEY KELLEY 7632 NAVIGATOR LN WILMINGTON NC 28409 BIGGS CARL L JOSSIE P 2225 ARYNESS DR VIENNA VA 22181 BRADSHAW RONALD JR ETAL 93 SPARGER SPRINGS LN DURHAM NC 27705 BROWN VERONICA S MCLAURIN 121 CHIMNEY LN WILMINGTON NC 28409 BRUTON GREGORY ATHALIA 927 ROSCOE FREEMAN AVE WILMINGTON NC 28409 BRYANT CHARLES G JOHANNA 1008 S 11TH ST WILMINGTON NC 28401 CAPONE CHRISTOPHER NATALIE 1004 S SEABREEZE RD WILMINGTON NC 28409 CARROTHERS EDWARD D JR LYNN 744 OCRACOKE DR WILMINGTON NC 28412 CARTER HACKNEY & HUDSON LLC 102 OXFORD RD LUMBERTON NC 28358 CHILDS GABRIELLE D 1017 SALTSPRAY LN WILMINGTON NC 28411 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WILM BEACH INVESTMENT CORP PO BOX 410 CAROLINA BEACH NC 28428 WILSON ANTHONY MONICA 6114 WILLOWOOD RD KANNAPOLIS NC 28081 WILSON FRED III 530 SHELVIEW CIR CHESAPEAKE VA 23323 WINNER WALTER WAYNE II ETAL 8100 RIVER RD WILMINGTON NC 28412 WIVELL BRADLEY W 1017 S SEABREEZE RD WILMINGTON NC 28409 WIVELL BRADLEY W ETAL 834 S SEABREEZE RD WILMINGTON NC 28409 WIXTED MICHAEL F ELIZABETH M 217 WARBLER DR MONROE NC 28110 WOODELL TOMMY DEBRA 3942 W BENT GRASS DR FAYETTEVILLE NC 28312 WORKMAN WILLIAM T ANDREA 925 SALTSPRAY LN WILMINGTON NC 28409 WRIGHT DEBORAH Y 2209 SAINT JOAN PL ACCOKEEK MD 20607 ZELLER LUKE T 7616 NAVIGATOR LN WILMINGTON NC 28409 November 16, 2023 To: Adjacent Property Owners This is a notice of a community information meeting for an upcoming rezoning request on behalf of SOCOL, L.L.C., property owner. The rezoning request would be from R-15, a residential district, to (CZD) CB, a conditional community business district, for development of a commercial center. The meeting is an opportunity for further explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. The subject tract, is the 7600-block of Carolina Beach Road, and extends from S Seabreeze Road up to N Seabreeze Road, approximately 700 feet to the East. It encompasses eight tax parcels and is approximately 7.2 acres. Your property is located in the proximity, within a 500’ perimeter, of the outer boundary of the proposed project. A Conditional Zoning District in New Hanover County allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project & rezoning petition. Essentially, this means that only the specific use(s) and the proposed site improvements of an approved petition can be developed. A meeting will be held on Tuesday, November 28th, 6:00 p.m., at the Best Western Plus – Wilmington, 5600 Carolina Beach Road. If you cannot attend, you are also welcome to contact Cindee Wolf at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. The property owner has been working diligently over the past five years, while acquiring multiple parcels in the assemblage, to improve the natural aesthetics of the lands, and to lay the groundwork for a successful future development. They appreciate your interest and look forward to continuing to be a good neighbor and an asset to the community. 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 TRAFFIC IMPACT ANALYSIS REPORT Applicants are encouraged to fill out this report in addition to providing the required Traffic Impact Analysis to allow for efficient staff review and Board consideration of your application. Address/Location Approval Date Development Proposal Analyzed (number and type of residential units and/or square footage and land use code of non-residential structures) Study Interections Traffic Data Collection Date(s) Trip Generation 7600 Block of Carolina Beach Road August 3, 2023 Two-phase / mixed-use commercial center devleopment August 03, 2023 Mr. AJ Anastopoulo, PE DAVENPORT 5917 Oleander Drive, Suite 206 Wilmington, NC 28403 RE: Approval with conditions of the Traffic Impact Analysis (TIA) associated with the proposed Seabreeze Village commercial development in New Hanover County, NC. Dear Mr. Anastopoulo: The WMPO, NCDOT and New Hanover County staffs have reviewed the Seabreeze Village TIA (sealed June 158, 2023) and based on the information provided and conversations held to date, it is our understanding that the proposed development will be built out in two (2) phases and consists of the following land uses: Phase 1 (build year 2024): o ITE Land Use Code 934 – 5,000 SF of Fast-food Restaurant with drive-thru o ITE Land Use Code 945 – 6,100 SF of Convenience Store/Fueling station (15 fueling positions) Full Build (build year 2025): o ITE Land Use Code 712 – 5,000 SF of Small Office Building o ITE Land Use Code 720 – 5,000 SF of Medical-Dental Office Building o ITE Land Use Code 822 – 7,200 SF of Strip Retail Plaza (<40ksf) o ITE Land Use Code 934 – 5,000 SF of Fast-food Restaurant with drive-thru o ITE Land Use Code 945 – 6,100 SF of Convenience Store/Fueling station (15 fueling positions) Based upon the review of the analysis provided, the following improvements are required of this development: TIA approval with conditions of Seabreeze Village Traffic Impact Analysis (New Hanover County) Page 2 of 3 US 421 and SR 1531 (South Seabreeze Road) (Signalized intersection) Phase 1 • Construct an exclusive westbound left turn lane on South Seabreeze Road with 100 feet of full width storage which continues as a TWLTL. • Provide a Permitted + Overlap phasing for eastbound right turn lane. • Optimize the signal timings. Full build • No additional improvements are required. US 421 and SR 1528 (North Seabreeze Road) (Stop-controlled intersection) Phase 1 • No improvements are required. Full build • No improvements are required. SR 1531 (South Seabreeze Road) and Site Access 1 (Stop-controlled intersection) Phase 1 • Construct an exclusive eastbound left turn lane on South Seabreeze Road with 50 feet of full width storage which continues as a TWLTL. • Construct site access (southbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and with one ingress and one egress lane. • Provide stop controls for the southbound approach. Full build • No additional improvements are required. 1528 (North Seabreeze Road) and Site Access 2 (Stop-controlled intersection) Phase 1 • Construct site access (northbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and with one ingress and one egress lane. • Provide stop controls for northbound approach. Full build • No additional improvements are required.