HomeMy WebLinkAboutZ24-05 BOC Script Final
BOARD OF COMMISSIONERS SCRIPT
for Zoning Map Amendment Application (Z24-05)
Request by Cindee Wolf with Design Solutions, applicant, to rezone approximately 0.93 acres zoned
RA, Rural Agricultural located at 4737 Castle Hayne Road to (CZD) B-2, Regional Business for the two
commercial structures totaling 8,700 square feet for the use of General Retail for a tire store and other
limited uses.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation and supporter comments (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on
the Board discussion and items presented during the public hearing, would you like withdraw
your petition or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change is, or
is not, consistent with the land use plan and why approval or denial of the rezoning request is
reasonable and in the public interest.
Example Motion for Approval
I move to APPROVE of the proposed rezoning to a Conditional B-2 district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning
provides for the types of uses recommended in the Community Mixed Use place type. I also
find recommending APPROVAL of the rezoning request is reasonable and in the public interest
because the application limits uses to those which are more appropriate for the area and
additional conditions reduce impact on adjacent residential areas.
Proposed Conditions:
1. The proposed rezoning’s principal use shall be limited to: Animal Grooming Services,
Contractor Office (with no outdoor storage), Offices for Private Business & Professional
Activities, Instructional Services & Studios, Personal Services, General Retail Sales, Minor
Vehicle Service Station, and Warehousing.
2. The attached shed that encroaches into the rear setback is to be removed, bringing Dad’s
Tire Store into compliance with required setbacks.
3. A septic and well easement approved by New Hanover County Environmental Health shall
be recorded with the register of Deeds guaranteeing access and maintenance for the
existing septic system and any future improvements. Environmental Health approval of the
septic system and well shall be required prior to issuance of construction permits for the flex
commercial space.
4. Exterior lighting including luminaries and security lighting shall be fully cutoff fixtures that
are directed downward in compliance with Figures of the UDO. In no case shall lighting be
directed at or above a horizontal plane through the lighting fixture.
5. The two Significant trees identified on the concept plan shall be permanently retained on
site.
Approval is subject to the applicant signing an agreement acknowledging the applicant’s consent
to all listed conditions. If the applicant does not provide a signed agreement within seven (7)
business days from the date of approval, then the rezoning application approval is null and void.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes
and intent of the Comprehensive Plan because the rezoning provides for the types of uses
recommended in the Community Mixed Use place type, I find recommending DENIAL of the
rezoning request is reasonable and in the public interest because the proposal is not consistent
with the desired character of the surrounding community and will adversely impact the adjacent
residential areas.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] of the proposed rezoning to a CZD B-2 district. I find it to be
[Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert
reasons]
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I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest
because [insert reasons]
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