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Home My WebLink AboutApplicationPage 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 John Pennington Sixthree Development, L.L.C. 706-294-4420 (Contact: Kevin Powell) kpplanner1@fastmail.com Wilmington, NC 28403 c/o Nancy Guyton 219 Racine Drive, Suite B 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. See Attached List See Attached List General Residential (CZD) R-10 N/A 2.81 ac. R-20 (Vacant) 2.81 ac. 9 Single-family Lots (3.2 units/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: REFERENCE SITE PLAN FOR LAYOUT, PROPOSED IMPROVEMENTS AND DETAILS. 9 dwelling units 7 9 Single-family Home (210) All homes would be committed to qualification as "workforce" housing within the 80-120%AMI criteria by HUD standards for a period of no less than 15 years. 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 Legal DescripƟon for CondiƟonal District Rezoning of 1540 Rockhill Road Beginning in the southern boundary of Rockhill Road (S.R. 1331), a 60’ public right-of-way; said point being at its intersecƟon with the western boundary of Ervin’s Place Drive, dedicated as a 50’ public right-of-way as recorded in the New Hanover County Registry in Map Book 39, at Page 20; and running thence from the point of beginning with the Ervin’s Place Drive right-of-way: South 06013’51” West, 1367.36 feet to a point; thence North 84036’13” West, 275.06 feet to a point; thence North 05016’58” East, 99.06 feet to a point; thence South 84036’41” East, 200.62 feet to a point; thence North 06021’24” East, 194.18 feet to a point; thence North 06018’03” East, 1075.14 feet to a point in the southern boundary of Rockhill Road; thence with that right-of-way, South 83048’23” East, 74.30 feet to the point and place of beginning, containing 2.81 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 1540 Rockhill Road 3210166.94.4027 [R02500-003-007-000] Saturday, December 16, 2023 In-person w/ offer of tel. & email alternatives Shelter #2 / Northern Regional Park Closet public park to the project location. 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 None. There were no specific issues voiced by the attendees. CAW CAW CAW CAW December 5, 2023 Cynthia Wolf - Design Solutions 12/28/23 ADJACENT PROPERTIES WITHIN 500' PERIMETER OF 1540 ROCKHILL ROAD: OWNER ADDRESS CITY / STATE / ZIP 3131 REMINISCE LTD PTRNP 2840 S COLLEGE RD UNIT 319 WILMINGTON NC 28412 ADDISON THERESA 202 BERRY ST CASTLE HAYNE NC 28429 ALKIRE NICHOLAS A 3205 REMINISCE RD CASTLE HAYNE NC 28429 ALLEN ANGELA R 3208 ERVINS PLACE DR CASTLE HAYNE NC 28429 ANSON MARY K 3220 ERVINS PLACE DR CASTLE HAYNE NC 28429 ARMSTRONG MARJORIE 103 APPLE RD CASTLE HAYNE NC 28429 BALLARD GLORINE WILLIAMS HRS 203 HEATHER LN CASTLE HAYNE NC 28429 BALLARD GREGORY 3127 REMINISCE RD CASTLE HAYNE NC 28429 BAUTISTA GONZALEZ DIANA S 3706 CAROLINA BCH RD #13 WILMINGTON NC 28412 BLOODWORTH GEORGE E JR 3119 REMINISCE RD CASTLE HAYNE NC 28429 BOYKIN DENTRAL N 208 BERRY ST CASTLE HAYNE NC 28429 BROWN SYNESE YVETTE 3213 REMINISCE RD CASTLE HAYNE NC 28429 BURGESS VINCENT L BENAYE R 3209 REMINISCE RD CASTLE HAYNE NC 28429 BYRD WILLIE R JR 1611 ROCKHILL RD CASTLE HAYNE NC 28429 CANADY RICHARD L MARTHA O 318 WINDING CREEK DR ROCKY POINT NC 28457 CECIL MICHAEL W JR KALI R 209 BERRY CT CASTLE HAYNE NC 28429 CKMCAPITAL LLC 8121 MASONBORO SOUND RD WILMINGTON NC 28409 CMH HOMES INC 5000 CLAYTON RD MARYVILLE TN 37804 COLLINS HOWARD LUETTA 3112 ERVINS PLACE DR CASTLE HAYNE NC 28429 COOPER HARVEY B 101 APPLE RD CASTLE HAYNE NC 28429 CRUMEL LENNY 107 BERRY CT CASTLE HAYNE NC 28429 DANIEL MAURICE 3123 REMINISCE RD CASTLE HAYNE NC 28429 DANIELS HELEN D JINWRIGHT 3135 REMINISCE RD CASTLE HAYNE NC 28429 DAVIS FREDRICK 1521 ROCK HILL RD CASTLE HAYNE NC 28429 DILLARD LEONARD 3104 ERVINS PLACE DR CASTLE HAYNE NC 28429 DILLARD LEONARD JR RACHEL 3108 ERVINS PLACE DR CASTLE HAYNE NC 28429 EDWARDS BEVERLY JEAN 3108 SUN BEAM CT CASTLE HAYNE NC 28429 FRANKS DELORES L 107 APPLE RD CASTLE HAYNE NC 28429 GALINDO ACOSTA RAMON ETAL 3120 ERVINS PLACE DR CASTLE HAYNE NC 28429 GARCIA JASMINE L 3207 REMINISCE RD CASTLE HAYNE NC 28429 GARCIA LYNDA R ERNESTO P 3104 SUN BEAM CT CASTLE HAYNE NC 28429 GAUSE CYNTHIA ANN 3203 REMINISCE RD CASTLE HAYNE NC 28429 GIRON EXTERIOR SERVICES LLC 108 N KERR AVE STE G3 WILMINGTON NC 28405 GONZALEZ LUIS ET UX 719 MIDDLE SOUND LOOP RD WILMINGTON NC 28411 HALL SIXTA T 6210 COATBRIDGE LN CHARLOTTE NC 28212 HANKINS CATHLEEN R 104 BERRY ST CASTLE HAYNE NC 28429 HANSLEY TERRELL JUANITA 3105 SUN BEAM CT CASTLE HAYNE NC 28429 HERNANDEZ JOSE RAMIREZ 3116 ERVINS PLACE DR CASTLE HAYNE NC 28429 HERNANDEZ LARA DARWIN ETAL 5120 CAROLINA BCH RD #25 WILMINGTON NC 28412 HEWETT JENNENE S ETAL 3224 ERVINS PLACE DR CASTLE HAYNE NC 28429 HIBBERT ENTERPRISES INC 4027 APPLETON WAY WILMINGTON NC 28412 HILL MICHAEL A ETAL 1701 ROCK HILL RD CASTLE HAYNE NC 28429 HINMAN DANIELLE 110 APPLE RD CASTLE HAYNE NC 28429 HINSON JOANN 306 COTTON WOOD LN CASTLE HAYNE NC 28429 HOLLIDAY TIMOTHY R ETAL 4921 CROFTON SPRINGS CT GREENSBORO NC 27407 HOOSIER DADDY LLC 8620 RIVER RD WILMINGTON NC 28412 JENKINS JULIA MAE LIFE ESTATE 46 S MITCHELL AVE LIVINGSTON NJ 07039 JEWELL PATRICK DIANA 209 FAYETTEVILLE AVE CAROLINA BEACH NC 28428 JOHNSON KENNETH JAMES ETAL 3101 SUN BEAM CT CASTLE HAYNE NC 28429 KAMIL HELENA S 308 HEATHER DR SUNSET BEACH NC 28468 KING JAMES H JR CHRISTINE M 3201 REMINISCE RD CASTLE HAYNE NC 28429 LANE WANDA ETAL 108 BERRY ST CASTLE HAYNE NC 28429 LAWSON DEBRA E 308 COTTON WOOD LN CASTLE HAYNE NC 28429 LEE WILLIE MAE 19 APPLE RD CASTLE HAYNE NC 28429 LEGAGNEUR PASCAL VANDA 1227 FAIRBANKS AVE BAY SHORE NY 11706 LONG WILLIE MAE 17 APPLE RD CASTLE HAYNE NC 28429 MCCLORY RAYMOND C TRUSTEE 508 JENOA DR CASTLE HAYNE NC 28429 MCINTYRE BRENDA L 201 HEATHER LN CASTLE HAYNE NC 28429 MCKOY REGINALD EVELYN 206 BERRY CT CASTLE HAYNE NC 28429 MILLS KAREN L 15 APPLE RD CASTLE HAYNE NC 28429 MONTALBAN HOLLYANN E VICTOR 4300 PEACHTREE AVE #12 WILMINGTON NC 28403 MONTANO ALFONSO O 205 HEATHER LN CASTLE HAYNE NC 28429 NIXON DON E 103 BERRY ST CASTLE HAYNE NC 28429 NIXON MICHAEL L ANNIE 11 APPLE RD CASTLE HAYNE NC 28429 OGELSBY SANDRA E 1508 ROCK HILL RD CASTLE HAYNE NC 28429 OUR HOUSE YOUR HOME LLC 1114 MERCHANT LN CAROLINA BEACH NC 28428 PENNINGTON JOHN E 503 HEADGATE CT MARTINEZ GA 30907 PERKINS JACKQUELINE ELAINE HRS 3140 REMINISCE RD CASTLE HAYNE NC 28429 PINER JEREMY D 507 CHARLOTTE AVE CAROLINA BEACH NC 28428 PYATT ISAIAH ARCINA V 201 BERRY ST CASTLE HAYNE NC 28429 RILEY JENNIFER D 3136 REMINISCE RD CASTLE HAYNE NC 28429 ROGERS ELIZABETH ROBERSON 207 HEATHER LN CASTLE HAYNE NC 28429 ROMERO JUAN TORRIE SCHAUER 3228 ERVINS PLACE DR CASTLE HAYNE NC 28429 ROUSE CAROLYN 106 BERRY ST CASTLE HAYNE NC 28429 SELF JASON E 3100 ERVINS PLACE DR CASTLE HAYNE NC 28429 SERRANO JOSE C S ETAL 3224 N COLLEGE RD WILMINGTON NC 28405 SHAW JERRY LEON 109 BERRY ST CASTLE HAYNE NC 28429 SMITH ANDREA 1601 ROCK HILL RD CASTLE HAYNE NC 28429 TAYLOR LEON J JOEANN 3212 ERVINS PLACE DR CASTLE HAYNE NC 28429 TAYLOR LEON JEFFERSON 1 MISTY LN CASTLE HAYNE NC 28429 TAYLOR LEONARD BARBARA D 113 APPLE RD CASTLE HAYNE NC 28429 THURMAN CYNTHIA A JOSEPH F 112 APPLE RD CASTLE HAYNE NC 28429 WESTINGHOUSE MARILYN B 13 APPLE RD CASTLE HAYNE NC 28429 WILLIAMS DONALD N PAT 105 APPLE RD CASTLE HAYNE NC 28429 WILLIAMS LINDA RUTH ETAL 3211 REMINISCE RD CASTLE HAYNE NC 28429 WILLIAMS MELLONICE 3139 REMINISCE RD CASTLE HAYNE NC 28429 WORTHY KENNETH JASON SHERIDA 3100 SUN BEAM CT CASTLE HAYNE NC 28429 WRISBON EDWARD HEIRS 9069 SE BRANCH WAY WINNABOW NC 28479 WRISBON MARY B HEIRS 1516 ROCK HILL RD CASTLE HAYNE NC 28429 December 5, 2023 To: Adjacent Property Owners Re: Ervins Place Drive / Community Info Meeting Notice Sixthree Development, L.L.C., current owner of the referenced tract, seeks to development nine (9) new single-family homes. The proposed plan is to cluster them to preserve more of the existing trees within open space areas to the North & South of the lots. A rezoning from the existing R-20 district to R-10 is necessary. The rezoning petition will be for a Conditional District, and requiring approval from the New Hanover County Commissioners. 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 Saturday, December 16th, Noon, 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. 24