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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 Sandra E. McKeithan Design Solutions P.O. Box 7221 7622 Scout Camp Hatila Road Wilmington, NC 28406 Wilmington, NC 28409 910-620-2374 910-395-6482 cwolf@lobodemar.biz sean@brellare.com (Sean Brella - Contract Purchaser) 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. 1132 Seabreeze Road S 313111.66.1042 [R08519-001-002-000] (CZD) R-7 0.444 ac. 0.444 ac +/-Community Mixed-Use Two (2) Single-family Lots N/A B-2 & R-15 / Vacant 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: Single-family Homes (ITE 210) Two (2) DU 2 2 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 N/A CAW CAW SITEE NOT FOR REAL ESTATENNOOOOOOTTTTFOOOOOOORRRREEREEEAAAALEEEESSSSSSSTSTAAAAATTTTTEENNNOOTTTTT FFFFFOOOOORR R R RREEEEEEAAL EEESSSSSSSSTTTTATATAAATAATEEE SALES OR CONVEYANCE PRELIMINARYPPRRREEEEEEELLLLLLLIIMMMMMMIIINNNNNNAAAAAAAAARRYYYYYY Tract Area Calculated to the Normal High-Water Line 20,660 s.f. (0.474 acres) Legal DescripƟon for CondiƟonal District Rezoning of 1132 S. Seabreeze Road Beginning at a point in the eastern boundary of S. Seabreeze Road (S.R. 1531), a 30’ Public right- of-way; said point being located approximately 198 feet from where the road right-of-way makes a 900 turn to the North; and running thence with the S. Seabreeze Road right-of-way, North 00056’51” West, 94.61 feet to a point; thence North 89048’39” East, 227.93 feet to a point at the normal high-water line of the AtlanƟc Intracoastal Water Way; thence with that line, South 06048’01” West, 13.73 feet to a point; thence South 14050’51” West, 18.08 feet to a point; thence South 08044’25” West, 23.35 feet to a point; thence South 05006’04” West, 39.73 feet to a point; thence away from the water, South 89034’25” West, 213.03 feet to the point and place of beginning, containing 20,660 square feet, or 0.474 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 1132 S. Seabreeze Road 313111.66.1042 [R08519-001-002-000] Wednesday, October 25, 2023 / 6:00 p.m. In-person Shelter #2 Veterna's Park Closest proximity of a County Park facility to the project location Attendees were supportive of the change of zoning, as long as the condition of just two (2) single-familybuilding lots was included. The proximity of AQUA public water & sewer mains was discussed. Some of the neighbors have serviceconnections, but the subject tract is not along any system frontage for either service. Private wells and septic systems are an option, but extension of the system would be embraced. The potential schedule for the rezoning process was given. I let everyone know that I am always availableby telephone or email for future information or questions. Page 2 of 2 Community Information Meeting Report – Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist Applicant Initial  A list of names and addresses of attendees  A list of the names and addresses of invitees and copies of any returned mailings received to date  A copy of the mailed notice with all attachments  A copy of all materials distributed or presented at the meeting Acknowledgement and Signatures By my signature below, I hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] _____________________________. A copy of the written notice is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting. Signature of Applicant or Applicant’s Agent Print Name Date The verbiage and exhibit included with the meeting notification described rezoning to CZD / R-10. However, an additional exibit was provided at the meeting for a CZD / R-7 district instead. That designation would allow a more aesthetic layout of the two homes, and was preferred. CAW CAW CAW CAW Cindee Wolf / Design Solutions 10/26/23 PROPERTY OWNERS WITHIN A 500' PERIMETER OF 1132 SEABREEZE ROAD SOUTH: ADJACENT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP BIGGS CARL L JOSSIE P 2225 ARYNESS DR VIENNA VA 22181 BRYANT CHARLES G JOHANNA 1008 S 11TH ST WILMINGTON NC 28401 CAPONE CHRISTOPHER A NATALIE 1004 SEABREEZE RD WILMINGTON NC 28409 CARTER HACKNEY & HUDSON LLC 102 OXFORD RD LUMBERTON NC 28358 COOPER GERALD D 4498 OCCOQUN VIEW CT WOODBRIDGE VA 22192 DINKINS FAMILY LIVING TRUST 1017 ROSA PARKS LN WILMINGTON NC 28409 DINKINS MICHAEL 625 VALLIE LN WILMINGTON NC 28412 DOLEY ENTERPRISE LLC 2125 S 48TH ST STE 102 TEMPE AZ 85282 FORD JOHN M CAROL S 1074 S SEABREEZE RD WILMINGTON NC 28409 FREEMAN WILLIAM EDWARD 924 ROSCOE FREEMAN AVE WILMINGTON NC 28409 GILGAN PATRICE A 1113 ELM ST WILMINGTON NC 28409 HINNANT CORDELIA ETAL 1011 BROAD AVE GREENSBORO NC 27406 HUGGINS RENEE TANYA 9524 MADISON CREEK CONVERSE TX 78109 JONES HASSONIL 2125 S 48TH ST STE 102 TEMPE AZ 85282 JOSEY REBECCA 59 RAMBLEWOOD DR NEWBURGH NY 12550 LINGERFELT NATHAN AMANDA 1000 S SEABREEZE RD WILMINGTON NC 28409 LOCKWOOD MELBA REV LIV TR 9524 CHASTAIN WALK DR CHARLOTTE NC 28216 LOVITT KENNETH R LISA J 6712 FINIAN DR WILMINGTON NC 28409 MCKEITHAN SANDRA E 7622 SCOUT CAMP HATILA RD WILMINGTON NC 28409 PHILLIPS TERRILYN CELECIA 809 BLUEBIRD LN WILMINGTON NC 28409 POMPEY BOBBY LEE 5744 TAFT PL MERRILLVILLE IN 46410 SCANLON CATHERINE M 1068 S SEABREEZE RD WILMINGTON NC 28409 SEABREEZE PIER OWNERS ASSO 1054 S SEABREEZE RD WILMINGTON NC 28409 SEABREEZE STORAGE INCORP 834 S SEABREEZE RD WILMINGTON NC 28409 SNOW SHANE S ANNIE L 806 TEXAS AVE CAROLINA BEACH NC 28428 STRUBLE RAYMOND R KELLY M 1054 S SEABREEZE RD WILMINGTON NC 28409 TAYLOR DONAVAN JR THELMA 1144 SEABREEZE RD WILMINGTON NC 28409 TUCKER ELTON G TRUSTEE 165 SHELTER WOOD DR BURGAW NC 28425 TYLEE STEVEN KATHERINE 1056 S SEABREEZE RD WILMINGTON NC 28409 WELBORN BRANDON M JESSICA 1022 S SEABREEZE RD WILMINGTON NC 28409 WILLIAMS BLONIE HEIRS 11565 HAAS AVE HAWTHORNE CA 90250 WILSON ANTHONY MONICA 6114 WILLOWOOD RD KANNAPOLIS NC 28081 WINNER W W SHIRLEY A 8100 RIVER RD WILMINGTON NC 28412 WINNER WALTER WAYNE II ETAL 8100 RIVER RD WILMINGTON NC 28412 WIVELL BRADLEY W 1017 S SEABREEZE RD WILMINGTON NC 28409 WRIGHT DEBORAH Y 2209 SAINT JOAN PL ACCOKEEK MD 20607 October 12, 2023 To: Adjacent Property Owners This is a notice of a community information meeting for an upcoming rezoning request. The property is located at 1132 Seabreeze Avenue South. The current Owner is Sandra McKeithan, and my client is a contracted purchaser. The rezoning request would be from the current Highway Business (B-2) district, to (CZD) R-10, a conditional residential district, for division of the tract into two (2) residential lots. 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 approximately 0.47 acres. The New Hanover County parcel number (PIN) is 313111.66.1042, with a tax identification (PID) of R08519-001-002-000. Your property is located in the proximity, within a 500’ perimeter, of the proposed project. This proposal would require approval from New Hanover County Board of Commissioners. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. A meeting will be held on Wednesday, October 25th, 6:00 p.m., at the Veteran’s Park Picnic Shelter #2. The location is off the parking lot north of the tennis courts. (See Map below) 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. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community.