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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 Reference Attached List lily.obeirne@dreamfindershomes.com 267-535-1159 (Contact: Lily O'Beirne - Rep for Contract Purchaser) Included Parcels: Parcel ID No.Tax Map No.Site Address Owner 313314.33.0691 R07900-003-013-000 6231 Carolina Beach Road Josephine F. Miressi Heirs 6241 Carolina Beach Road Wilmington, NC 28412 313314.33.5413 R07900-003-015-000 6235 Carolina Beach Road Josephine F. Miressi Heirs 6241 Carolina Beach Road Wilmington, NC 28412 313314.33.5320 R07900-003-017-000 6239 Carolina Beach Road Josephine F. Miressi Heirs 6241 Carolina Beach Road Wilmington, NC 28412 3133.14.33.4175 R07900-003-060-000 6245 Carolina Beach Road Gerald Louis Miressi, Sr. Heirs 6241 Carolina Beach Road Wilmington, NC 28412 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 List62031, 6235, 6239 & 6245 Carolina Beach Road 8.88 ac.+/-R-15 (Residential / Vacant) Community Mixed-Use (CZD) R-5 8.88 ac.+/- N/A60 Attached Residential Units 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 Attached (215) Based on Dwelling Units @ 60 45 60 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 N/A Page 7 of 7 Conditional Zoning District Application – Updated 06-2023  Documentation on soil types and infiltration rates if underground stormwater facilities proposed  One (1) digital PDF copy of ALL documents AND plans 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Print Name(s) Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. CAW CAW Cynthia A Wolf / Design Solutions on behalf of GeraldLouis Miressi, Sr. Heirs DocuSign Envelope ID: FBF67079-F977-41CB-A993-C82607B91D17 Dina M. Dudas, Trustee 5/29/2024 Page 7 of 7 Conditional Zoning District Application – Updated 06-2023  Documentation on soil types and infiltration rates if underground stormwater facilities proposed  One (1) digital PDF copy of ALL documents AND plans 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Print Name(s) Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. CAW CAW Cynthia A Wolf / Design Solutions on behalf of Josephine F. Miressi Heirs DocuSign Envelope ID: FBF67079-F977-41CB-A993-C82607B91D17 5/29/2024 Dina M. Dudas, Trustee Legal DescripƟon for CondiƟonal District Rezoning of 6231, 6235, 6239 & 6241 Carolina Beach Road 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 the southwestern corner of lands recorded on a plat enƟtled “Lot 8, Lot 9 and Lot 10 – Ida Keyes Subdivision,” in the New Hanover County Registry at Map Book 36, at Page 340; and running thence from said beginning point with the Carolina Beach Road right-of-way: North 01045’03” West, 443.46 feet to a point; thence South 66010’29” East, 249.18 feet to a point; thence South 01044’52” East, 110.86 feet to a point; thence South 66010’29” East, 300.00 feet to a point; thence North 02044’23” West, 111.80 feet to a point; thence South 66010’29” East, 140.00 feet to a point; thence South 23049’31” West, 100.00 feet to a point; thence South 66010’29” East, 600.00 feet to a point; thence South 23050’00” West, 300.00 feet to a point; thence North 66010’29” West, 1095.55 feet to the point and place of beginning, containing 8.88 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 (Reference Attached List) In-person w/ info provided for alternativecontact if not able to attend Best-Western Plus / 5600 Carolina Beach Rd Proximity to the subject project site 6231, 6235, 6239 & 6241 Carolina Beach Rd Wednesday, May 29, 6:00 p.m. 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 Cynthia A. Wolf / Design Solutions 06/02/24 OWN1 Owner_Address Owner_City ALLEN GREGORY K JULIE A 6205 CAROLINA BEACH RD WILMINGTON, NC 28412 ASHMORE ROBERT 4021 HONS TRL WILMINGTON, NC 28409 AUSTIN RONALD D REBECCA L 2544 BLAKE TRAIL WILMINGTON, NC 28409 BACHMANN TILLY 4013 HONS TRL WILMINGTON, NC 28409 BARTREAU EVELYN C HEIRS 4041 HONS TRL WILMINGTON, NC 28409 BEIT MERSEM OF WILMINGTON LLC 4305 TOLLINGTON DR WILMINGTON, NC 28412 BIRARELLI MICHAEL 517 WINDSOR PKWY W OCEANSIDE, NY 11572 BLOCK LESLIE J REV TRUST 208 LODER AVE WILMINGTON, NC 28409 BOGART RENEE M ETAL 4030 HONS TRL WILMINGTON, NC 28409 BONDURANT WILLIAM G BRENDA C 226 COUNTRY PLACE RD WILMINGTON, NC 28409 BOULTER PETER CAROL M 1721 SEARAY LN CAROLINA BEACH, NC 28428 BRADSHAW DOLORES J 6303 CAROLINA BEACH RD WILMINGTON, NC 28412 CHESTER DEBORAH 6203 MICHELAS BAY LN WILMINGTON, NC 28409 COATS STEVEN K DELORIS M 709 CROWS NEST CT WILMINGTON, NC 28409 DANIELS SHERRY N 4024 HONS TRL WILMINGTON, NC 28409 DARR BEVERLY L 6046 GANTTS TRL WILMINGTON, NC 28405 DEMILIO BARBARA D 216 COUNTRY PLACE RD WILMINGTON, NC 28409 DEMUNBRUN KAREN PO BOX 102 ROCKWELL, NC 28138 FOWLER IRIS POPE HEIRS 6233 CAROLINA BEACH RD WILMINGTON, NC 28412 H & H FAMILY LIMITED PARTNERSHIP 709 CROWS NEST CT WILMINGTON, NC 28409 HANSON DUBUQUE VIRGINIA F 6227 MICHELAS BAY LN WILMINGTON, NC 28409 HAYWOOD ROBERT R CARLA J 225 COUNTRY PLACE RD WILMINGTON, NC 28409 HILL CATHY GAIL 6305 CAROLINA BEACH RD WILMINGTON, NC 28412 HOLMES BARBARA L W WAYNE SR 1230 SHERMAN OAKS DR WILMINGTON, NC 28411 IDEAL INDUSTRIES NC LLC 8936 SEDGLEY DR WILMINGTON, NC 28412 JONES GERALD L REV TRUST 2002 WARD ST DURHAM, NC 27707 KAVANAUGH TAMARA 6048 GANTTS TRL WILMINGTON, NC 28409 KENNER MICHAEL T 4005 HONS TRL WILMINGTON, NC 28409 KORNEGAY FREDERICK 4048 WINDS RIDGE DR WILMINGTON, NC 28409 LAKEY THOMAS H JACQUELINE C 2540 BLAKE TRL WILMINGTON, NC 28409 LANGLEY DONALD MARK 4037 HONS TRL WILMINGTON, NC 28409 LEISTER AMY 6002 GANTTS TRL WILMINGTON, NC 28409 LEWIS PEGGY LEONARD REV TRUST PO BOX 12226 WILMINGTON, NC 28405 LONG LEAF JEHOVAHS WITNESSES 6307 CAROLINA BEACH RD WILMINGTON, NC 28412 LORACK LLC 12300 PEED RD RALEIGH, NC 27614 MCCREA WILLIAM B 2918 HYDRANGEA PL WILMINGTON, NC 28403 MCKEITHAN APRIL A 224 COUNTRY PLACE RD WILMINGTON, NC 28409 MCNERNY THOMAS G SUSAN 5258 MOSQUERO RD SPRING HILL, FL 34606 MENENDEZ WM IRENE REV LIV TRUST 4033 HONS TRL WILMINGTON, NC 28409 MORGAN MICHAEL J 4029 HONS TRL WILMINGTON, NC 28409 NORRIS SHIRLEY S 6218 CAROLINA BEACH RD WILMINGTON, NC 28412 NUTZ & BOLTZ VENTURES LLC 7508 CHAMPLAIN DR WILMINGTON, NC 28412 ORTIZ JOHN CLAUDIA PO BOX 15618 WILMINGTON, NC 28408 PPC VENTURES LLC PO BOX 12226 WILMINGTON, NC 28405 R C FOWLER PROPERTIES INC 3763 LITCHFIELD LOOP LAKE WALES, FL 33859 RAM REAL EST HOLDINGS INC 136 BELVEDERE CT HAMPSTEAD, NC 28443 ROGERS AMELIA S 2538 BLAKE TRL WILMINGTON, NC 28409 ROGERS JANET S 6042 GANTTS TRL WILMINGTON, NC 28409 RUDERMAN JULIA C 4009 HONS TRL WILMINGTON, NC 28409 SAPP ANGELA M ETAL 12327 TERRICK CT CHARLOTTE, NC 28273 SCHODOWSKI NANCY H 4066 WINDS RIDGE DR WILMINGTON, NC 28409 SMITH BRENDA GAIL 6028 GANTTS TRL WILMINGTON, NC 28409 SMITH PAMELA THOMAS TRUSTEES 530 SANFORD RD PITTSBORO, NC 27312 SUGGS SYLVIA F 6207 MICHELAS BAY LN WILMINGTON, NC 28409 SUTTON CHRISTOPHER D 4045 HONS TRL WILMINGTON, NC 28409 TACK UP LLC 7105 MASONBORO SOUNDS RD WILMINGTON, NC 28409 TANCREDI BRITTANY N 4025 HONS TRL WILMINGTON, NC 28409 THOMAS PETER ALEXA 4028 WINDS RIDGE DR WILMINGTON, NC 28409 THOMPSON SUMMERLIN T 6315 CAROLINA BEACH RD WILMINGTON, NC 28412 TORIAN BENNIE SARAH TRUSTEES 1317 COUNTRY CLUB DR DURHAM, NC 27705 TOWNHOMES AT BEAU RIVAGE LLC 332 MILITARY CUTOFF RD WILMINGTON, NC 28405 UNDERWOOD JIMMIE SHAWNDRA 4040 WINDS RIDGE DR WILMINGTON, NC 28409 VARGAS MARIO J JENNIFER A 47 PROSPECT ST SOUTH EASTON, MA 2375 VELEZ DANIEL 6026 GANTTS TRL WILMINGTON, NC 28409 WATSON DENISE 6215 MICHELAS BAY LN WILMINGTON, NC 28409 WEBER ROBERT D CAROL S 225 HOILE LN HUNTINGTON, MD 20639 WHITLEY DAVID BEVERLY G 22922 4190 RD S CLAREMORE, OK 74019 WILLIAMS STEPHEN T 433 ROSLYN RD WINSTON SALEM, NC 27104 WILMINGTON REALTORS FOUNDATION 1836 SIR TYLER DR SUITE 100 WILMINGTON, NC 28405 WIND RIDGE TOWNHOME HOA INC PO BOX 777 CAROLINA BEACH, NC 28428 WINDS RIDGE TOA INC 1118 MERCHANT LN CAROLINA BEACH, NC 28428 WOODY HEWETT PROPERTIES LLC 127 LIGHTHOUSE DR CAROLINA BEACH, NC 28428 WRIGHT TANYA V ETAL 8155 HAGERS FERRY RD DENVER, NC 28037 YOURKIEWICZ MARSHA JOHN 6211 MICHELAS BAY LN WILMINGTON, NC 28409 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Community Information May 16, 2024 To: Adjacent Property Owners & Other Interested Parties From: Cindee Wolf Re: Dream Finders Townhome Community This letter is notice of a community information meeting for an upcoming rezoning request. The heirs of Gerald & Josephine Miressi own the properties at 6231, 6235, 6241 & 6245 Carolina Beach Road. The composite tract will be roughly 8.88 acres, and is currently zoned Residential (R-15). The proposed rezone would be for a Conditional District / Residential (CZD / R-5). The proposal is to develop a 62-unit community, comprised 2-story townhome-style homes. A site layout is attached. Your property is located in the proximity, within a 500’ perimeter, of the lot boundary. The meeting is an opportunity for further explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. 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. The meeting will be held on Wednesday, May 29th, 6:00 p.m., at the Best Western Plus – Wilmington, 5600 Carolina Beach Road. If you cannot attend, you are also welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project and continue to believe that this new community will provide a housing alternative missing in the southern portion of the County, be good neighbor and be an asset to the community.