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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 Paul E. & Deanne R. Meadows 4717 Indian Corn Trail Castle Hayne, NC 28429 910-617-5105 (Contact: Rick Meadows) meadowsd@earthlink.net 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. 4737 Caztle Hayne Road 322112.95.1866 [R01700-002-007-000] 0.94 acres RA / Tire Store Community Mixed-Use (CZD) B-2 0.94 ac. N/A 5,200 s.f.+/- Existing / 3,500 s.f. Proposed 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 3,500 s.f. GFA 5 4 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 N/A CAW Legal DescripƟon for CondiƟonal District Rezoning of 4737 Castle Hayne Road Beginning at a point in the northwestern boundary of Castle Hayne Road (U.S. Hwy, 117), a variable-width public right-of-way; said point being at its intersecƟon with the southern boundary of Sondey Road (S.R. 1334), a 50’ public right-of-way; and running thence with the Castle Hayne Road right-of-way, South 36038’35” West, 244.57 feet to a point; thence North 66024’25” West, 158.90 feet to a point; thence North 28027’35” East, 226.93 feet to a point in the southern boundary of Sondey Road; Thence with that right-of-way, South 69058’25” East, 195.25 feet to the point and place of beginning, containing 40,844 square feet, or 0.94 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 4737 Castle Hayne Road 322112.95.1866 [R01700-002-007-000] Tuesday, January 23, 2024 / 6:00 P.M. Project Location In-person / 4737 Castle Hayne Road PROPERTIES WITHIN A 500' PERIMETER OF 4737 CASTLE HAYNE ROAD: ADJACENT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP CASTLE HAYNE HEALTH HOLDINGS LLC 1270 SE 25TH ST HICKORY NC 28602 CHADWICK SYLVIA B TRUSTEE 2505 CASTLE HAYNE RD WILMINGTON NC 28401 COASTAL TRANSMISSION INC 7615 MYRTLE GROVE RD WILMINGTON NC 28409 DAVIS EVELYN POTTER HRS 132 NIGHTSHADE LN GARNER NC 27529 DIAZ JUAN CECELIA G 4815 CASTLE HAYNE RD CASTLE HAYNE NC 28429 DOMBROSKI RONALD ETAL 4917 CASTLE LAKES RD CASTLE HAYNE NC 28429 FLORES JOSEPH P JR 3913 SONDEY RD CASTLE HAYNE NC 28429 GRIFFIN RYAN E 4736 CASTLE HAYNE RD CASTLE HAYNE NC 28429 HAAGENSEN CRAIG C DARLEEN O 3224 N COLLEGE RD #229 WILMINGTON NC 28405 JAMES JOHMACHIEL BRANDI E 4713 CASTLE HAYNE RD CASTLE HAYNE NC 28429 JONES KELLY C 4832 CASTLE HAYNE RD CASTLE HAYNE NC 28429 KERN DARA A RICHARD F 4740 CASTLE HAYNE RD CASTLE HAYNE NC 28429 KOLTERJAHN GEOFFREY PAUL 12 SHEEHAN TER ROCKPORT MA 01966 KOWALKSI MICHAEL ETAL 4715 CASTLE HAYNE RD CASTLE HAYNE NC 28429 MCCLORY RAYMOND C TRUSTEE 508 JENOA DR CASTLE HAYNE NC 28429 MCGEE ROBERT L SR PO BOX 312 HAMPSTEAD NC 28443 MEADOWS PAUL E DEANNE R 4717 INDIAN CORN TRL CASTLE HAYNE NC 28429 MECKLER RYAN P AMANDA D 3908 SONDEY RD CASTLE HAYNE NC 28429 MILLS TERRY L SR JULIE 3921 SONDEY RD CASTLE HAYNE NC 28429 NEW HANOVER COUNTY 230 GOV CENTER DR STE 190 WILMINGTON NC 28403 SAUER KATHERINE ANNE 4715 CASTLE HAYNE RD CASTLE HAYNE NC 28429 SOUTH COAST ENTERPRISES OF NC LLC PO BOX 12587 WILMINGTON NC 28405 SPICER JOSEPH H 4838 CASTLE HAYNE RD CASTLE HAYNE NC 28429 VASQUEZ ALICIA D 4807 CASTLE HAYNE RD CASTLE HAYNE NC 28429 January 11, 2024 To: Adjacent Property Owners This is a notice of a community information meeting for an upcoming rezoning request on behalf of Rick & Deanne Meadows, property owners of 4737 Castle Hayne Road. The rezoning request would be from R-15, a residential district, to (CZD) B-2, a conditional highway business district, to bring the existing tire store into compliance, and for development of a commercial building where the house burned down. 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 at the corner of Castle Hayne Road and Sondey Road. Its area is 0.94 acres. Your property is located in the proximity, within a 500’ perimeter, of the lot boundary. 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, January 23rd, 6:00 p.m., in the lobby of Dad’s Tire Service, 4737 Castle Hayne Road. If you cannot attend, you are welcome to contact Cindee Wolf at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest and look forward to continuing to be a good neighbor and an asset to the community. Cas t l e H a y n e R o a d Son d e y R o a d