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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 Walter Wayne Winner II 8100 River Road Wilmington, NC 28412 828-429-4224 Jerry Vess (Contract Purchaser) jerryv1976@yahoo.com 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. 802 S Seabreeze Road 313110.36.8275 [R08514-004-008-000] 11,025 s.f. / 0.25 ac. R-15 / Vacant Community Mixed-Use (CZD) CB 0.25 ac. N/A GFA = 1800 s.f. 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: Variety Store (ITE - 814) Calculated based on 1,800 s.f. GFA 2 9 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 802 S. Seabreeze Road Beginning at a point in the southern boundary of S. Seabreeze Road (S.R. 1530), a 60’ public right-of-way; said point being at its intersecƟon with the eastern boundary of Carolina Beach Road (U.S. Hwy. 421), a 270’ public right-of-way; and running thence form the point of beginning with the S. Seabreeze Road right-of-way, South 73001’39” East, 105.00 feet to a point; thence South 14006’36” West, 105.00 feet to a point; thence North 73001’39” West, 105.00 feet to a point in the eastern boundary of Carolina Beach Road; Thence with that right-of-way, North 14006’36” East, 105.00 feet to the point and place of beginning, containing 11,025 square-feet, or 0.25 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 802 S. Seabreeze Road 313110.36.8275 [R08514-004-008-000] Tuesday, April 23, 2024 Proximity to the subject project site In-person w/ info provided for alternativecontact if not able to attend Seaside Chapel Independent Church105 South Dow Road, Carolina Beach 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 CAW CAW CAW CAW April 9, 2024 Cynthia Wolf - Design Solutions April 30, 2024 ADJACENT PROPERTIES WITHIN 500' PERIMETER OF 802 SEABREEZE ROAD S: ADJACENT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP ATWOOD ERIC ANNAMARIE 1308 DEER HILL DR WILMINGTON NC 28409 BARNETT LEONARD F TRUSTEE 924 ROSCOE FREEMAN AVE WILMINGTON NC 28409 BRADSHAW RONALD JR ETAL 93 SPARGER SPRINGS LN DURHAM NC 27705 CARROTHERS EDWARD JR LYNN 744 OCRACOKE DR WILMINGTON NC 28412 ELDER FREDERICK FRANCES 4110 LYNBROOK DR WILMINGTON NC 28405 FREEMAN WILLIAM E 924 ROSCOE FREEMAN AVE WILMINGTON NC 28409 GIACOMELLI ROBERT V LISA D 743 GRAND BANKS DR WILMINGTON NC 28412 HINNANT CORDELIA ANN ETAL 1011 BROAD AVE GREENSBORO NC 27406 KAMINSKI EDWARD ANTONINA 215 GREAT END PATH HILLSBOROUGH NC 27278 LEE TIMOTHY P 8377 NC HIGHWAY 50 BENSON NC 27504 MILLS MICHELE R KENNETH M 5610 KIRLAND DR FREDERICK MD 21703 PEARSON RICHARD D ET UX 747 GRAND BANKS DR WILMINGTON NC 28412 PLOURDE MICHAEL J JULIE ANN 9931 RIVER RD WILMINGTON NC 28412 R&S FOREST LLC 5087 EDINBORO LN WILMINGTON NC 28409 RAPER KAYSEY E 736 OCRACOKE DR WILMINGTON NC 28412 SB COTTAGES INVESTMENT LLC 4004 NC 55 HWY CARY NC 27519 SOCOL LLC 5087 EDINBORO LN WILMINGTON NC 28409 STEIN MEGAN M 725 OCRACOKE DR WILMINGTON NC 28412 TANGUAY BRIAN C ETAL 8601 HIDDEN LAKE CT MANASSAS VA 20112 TONEY ROBERT W 546 NC HWY 24-27 W MIDLAND NC 28107 WADE LEON MORRIS ETAL 381 SE EASTWOOD LN LELAND NC 28451 WALKER SHARON K 2546 SW JOHN AVE SUPPLY NC 28462 WHITTEMORE JAMES A 724 OCRACOKE DR WILMINGTON NC 28412 WINNER WALTER WAYNE II ETAL 8100 RIVER RD WILMINGTON NC 28412 WIVELL BRADLEY W ETAL 834 S SEABREEZE RD WILMINGTON NC 28409 WIXTED MICHAEL ELIZABETH 217 WARBLER DR MONROE NC 28110 YANG RICHARD SUSAN 5087 EDINBORO LN WILMINGTON NC 28409 April 9, 202 To: Adjacent Property Owners From: Jerry & Dana Vess This is a notice of a community information meeting for an upcoming rezoning request. We would like to develop a small retail business at 802 Seabreeze Road South. The current owner is Walter Wayne Winner II etal. We would purchase it. The rezoning request would be from R-15, a Residential district, to (CZD) CB, a Conditional Community Business district. 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 the service road for Carolina Beach Road and Seabreeze Road South. Its area is 0.25 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, April 23rd, 6:00 p.m., at the Seaside Chapel Independent Church, 105 South Dow Road (between Charlotte and Hamlet Avenues), Carolina Beach. 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.