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Home My WebLink AboutApplicationDocusign Envelope ID: 6FOFC84F-A7ED-4414-BD6D-8BD514093091 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 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. Applicant/Agent Name Owner Name (if different from Applicant/Agent) John Hinnant Paul & Jane Chaucer Company Company/Owner Name 2 Eastern Carolinas Commercial Real Estate Same as above Address Address 4922 Randall Parkway, Unit D PO Box 591 City, State, Zip City, State, Zip Wilmington, NC 28403 Castle Hayne, NC 28429-0591 Phone Phone 910-619-3430 (910) 612-3722 Email Email john@eccrenc.com pchaucer@aol.com Page 1 of 7 Conditional Zoning District Application — Updated 06-2023 Docusign Envelope ID: 6FOFC84F-A7ED-4414-BD6D-8BD514093091 2. Subject Property Information Address/Location Parcel Identification Number(s) 2626 Castle Hayne Rd R03311-004-017-001 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 0.36 acre CZD-CB CZD-CB to allow medical office 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: I Total Acreage of Proposed District: Maximum Residential Density (if applicable) N/A Maximum Non -Residential Square Footage (if applicable) 11,546 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. This application is to add Medical Office/Clinic to the list of existing uses for a behavorial health practice. It was omitted with the initial changes approved in February 6, 2023 based on that application. My client, a behavioral health business is currently operating one block south of the Subject Property. In the Community Business ("CB") district, Medical Office/Clinic is allowed with a parking requirement of 3.5/1,000 sf of structure. At present, the Subject Property has 10 total parking spaces, exceeding the required 5.4 based on the square footage of the existing structure. There is no plan to change the existing site plan or the current improvements. Currently, the business operates with 60-75% of their clients via tele-medicine, so traffic should not be impacted. Page 2 of 7 Conditional Zoning District Application — Updated 06-2023 Docusign Envelope ID: 6FOFC84F-A7ED-4414-BD6D-8BD514093091 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. There are no known conditions that should be added. 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): N/A Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: Page 3 of 7 Conditional Zoning District Application — Updated 06-2023 Docusign Envelope ID: 6FOFC84F-A7ED-4414-BD6D-8BD514093091 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. The proposal is to add "Medical Office & Clinic" to the existing CZD-CB. As mentioned before, Medical Office & Clinic is an approvded use in the Community Business district. This change is consistent with the County's policies for growth and development as this service provides a medical service along commercial streets in close proximity to fast-growing areas like Castle Hayne. The proposed use and current use are likely to have the same amount of traffic counts. 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. The site will remain consistent with the changes approved in February 2023 and will remain consistent with the current classification on the 2016 Comprehensive Plan's Future Land Use Map. Page 4 of 7 Conditional Zoning District Application — Updated 06-2023 Docusign Envelope ID: 6FOFC84F-A7ED-4414-BD6D-8BD514093091 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? My client is an entrepreur looking to grow wealth through commercial real estate ownership for their small medical business. My client currently has the property under contract for purchase and looks to relocate their small business there and transition from being a tenant to a property owner. Page 5 of 7 Conditional Zoning District Application — Updated 06-2023 Docusign Envelope ID: 6FOFC84F-A7ED-4414-BD6D-8BD514093091 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) /f�/L,.--''— ❑ 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 ,r Page 6 of 7 Conditional Zoning District Application — Updated 06-2023 Docusign Envelope ID: 6FOFC84F-A7ED-4414-BD6D-8BD514093091 ❑ 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. Signed by: Signed by: az�e aasa� Signature of Property Owner(s) !Signature of Applicant/Agent Paul A Chaucer Jane E Chaucer Print Name(s) J 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. Page 7 of 7 Conditional Zoning District Application — Updated 06-2023 Docusign Envelope ID: 6FOFC84F-A7ED-4414-BD6D-8BD514093091 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 7 230 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) 2626 Castle Hayne Rd R03311-004-017-001 Meeting Date and Time January 6, 2025 - 6:00pm Format (Virtual, In -Person, Hybrid) Location if In -Person or Hybrid In person 2626 Castle Hayne Rd Selection Criteria for Location This is the Subject Property. Meeting Summary Issues and Concerns Discussed at Meeting There were no attendees. Page 1 of 2 Community Information Meeting Report — Approved 06-2022 Docusign Envelope ID: 6FOFC84F-A7ED-4414-BD6D-8BD514093091 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) No attendees 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 ® 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 12 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 propert owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] C % 2— Z 2-t) ;—;� . 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. r John Hinnant Signature of Applicant or Applicant's Agent Print Name Date Page 2 of 2 Community Information Meeting Report — Approved 06-2022 Docusign Envelope ID: 6FOFC84F-A7ED-4414-BD6D-8BD514093091 VITA :I.\ T14,71 *X4ce f 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 TRAFFIC IMPACT ANALYSIS REPORT Applicants are encouraged to fill out this report in addition to providing the required Traffic Impact Analysis to allow for efficient staff review and Board consideration of your application. Not applicable Address/Location 2626 Castle Hayne Rd Approval Date February 6, 2023 Development Proposal Analyzed (number and type of residential units and/or square footage and land use code of non-residential structures) Study Intersections Traffic Data Collection Date(s) Trip Generation Page 1 of 2 Community Information Meeting Report — Approved 06-2022 Docusign Envelope ID: 6FOFC84F-A7ED-4414-BD6D-86D514093091 Trip Distribution and Assignment Approved Developments Considered Planned Roadway/Intersection Improvements Considered Approved Background Growth Rate Required Improvements (with phasing if proposed) Page 2 of 2 Community Information Meeting Report — Approved 06-2022 2626 Castle Hayne Rd., Wilmington, NC 28401 PARID: R03311-004-017-001 Legal Description: (.36 ACRES) PT HORNE BEING all that certain lot or parcel of land located in the County of NEW HANOVER, State of North Carolina, and more particularly described as follows: BEGINNING at a point in the eastern line of U.S. Highway No. 117 (50 feet from the center thereof), 120 feet Northwardly as measured along said line of said highway from an iron pipe in the Northern line of the old S.S. Cash tract; running thence North I degree East along the Eastern line of said highway 105 feet to a corner of the property conveyed to Raiford G.-Trask by that deed recorded in the New Hanover County Registry in Book 355 at Page 483; thence south 89 degrees East, along a line of said Trask tract, 150 feet to another corner of said Trask tract; thence South I degree West, along another line of said Trask tract, 105 feet; thence North 89 degrees West 150 feet to the beginning; being the same property conveyed to Donald Ray Marshburn by that deed recorded in said Registry in Book 704 at Page 537. Also being the same property conveyed by deed recorded in Book 1150 at Page 0063 of the New Hanover County Registry. BEING part of the same property conveyed or intended to be conveyed to Grantor by instrument recorded in Hook 6350 at Page 2798 of the New Hanover County Registry. December 12, 2024 This is a notice for a community information meeting for an upcoming request by John Hinnant with Eastern Carolinas Commercial Real Estate, applicant, on behalf of Paul & Jane Chaucer, property owner, for a Conditional Use Rezoning from CZD-CB to CZD-CB for Medical Office/Clinic. The subject property is approximately 0.36 acres and is located at 2626 Castle Hayne Rd, and is identified as R03311-004-017-001. The purpose of the community meeting is to explain the proposal and answer questions from meeting attendees. The meeting will be held at 2626 Castle Hayne Rd and begin at 6:00 pm on Wednesday, December 18"', 2024. The site plan will not be changing, only updating the existing Conditional Zone District — Community Business to allow for a Medical Office among allowed uses. John Hinnant VP / Broker Eastern Carolinas Commercial Real Estate Cell/Text: 910-619-343 0 M (p �� Lnd {M, Allman F�om+aroi G472-2509 011 o Slte.lwa I\/iCDDVJ 1 I DTI 1 �r O.D. W41 i �Q �,�SaOc' I� (1 �� .:•.i�..�.....--_• Sr. Y°u^ro•vr I Bro-dene i' I� Eastern Carolinas Commercial Real Estate 4922 Randall Parkway Suite D — Wilmington, NC 28403 0:910.399.4602 F:910.399.4675 Advance Stores Company Inc Alhobishi Convenience Stores Mr. Inman Dan E or Current Resident Rentals I or Current Resident 5008 Airport Rd NW or Current Resident 130 Carl Seitter Dr Roanoke, VA 24012-1601 Po Box 807 Wilmington, NC 28401-2603 Saint Pauls, NC 28384-0807 Mr. Morton Steven C Mr. Hager John A Mr. Ray Hunter A or Current Resident or Current Resident or Current Resident 111 Horne Place Dr 112 Horne Place Dr 15 Laurel Dr Wilmington, NC 28401-2620 Wilmington, NC 28401-2621 Wilmington, NC 28401-2626 Ms. McDowell Shelvia S Mr. Clark Caleb A Mr. Timmerman Tanner J or Current Resident or Current Resident or Current Resident 4 Laurel Dr 8 Laurel Dr 16 Laurel Dr Wilmington, NC 28401-2627 Wilmington, NC 28401-2627 Wilmington, NC 28401-2627 Pridgen Manley M Ms. Cole Susan C Mr. Allman Allen P or Current Resident or Current Resident or Current Resident 14 Sheridan Dr 21 Sheridan Dr 2630 Castle Hayne Rd Wilmington, NC 28401-2640 Wilmington, NC 28401-2657 Wilmington, NC 28401-2681 Ms. Williams Samantha Mr. Wrightsboro Plaza Mr. Malave Vincent or Current Resident or Current Resident or Current Resident 2701 Castle Hayne Rd 111 Princess St 133 Tributary Cir Wilmington, NC 28401-2684 Wilmington, NC 28401-3948 Wilmington, NC 28401-7013 New Hanover County C/O Tax Ms. McCandless Eleanor N Hughes Credit Shelter Trust Administrator or Current Resident or Current Resident or Current Resident 1911 Knollwood Rd 1650 Military Cutoff Rd Ste 200 230 Government Center Dr Ste 190 Wilmington, NC 28403-5330 Wilmington, NC 28403-5720 Wilmington, NC 28403-1672 Land Lease Carolinas LLC Mr. Short Andrew D Outer Rim Enterprises Inc or Current Resident or Current Resident or Current Resident 2004 Balmoral PI 3321 Ammons Dr 3508 N Kerr Ave Wilmington, NC 28405-6212 Wilmington, NC 28405-6431 Wilmington, NC 28405-8689 B&C Wrightsboro LLC Mr. Gomez Ramon G Ms. Hughes Joyce S or Current Resident or Current Resident or Current Resident Po Box 3743 5916 Saltee Way 5917 Myrtle Grove Rd Wilmington, NC 28406-0743 Wilmington, NC 28409-4234 Wilmington, NC 28409-4325 Mr. Plotner Stanley J Assured Quality Holdings LLC Mr. Chaucer Paul A or Current Resident or Current Resident or Current Resident 225 Satara Dr 201 Cape Fear Blvd Po Box 591 Wilmington, NC 28412-2039 Carolina Beach, NC 28428-5128 Castle Hayne, NC 28429-0591 Rcj Holdings LLC Jp Porter LLC La Bella Airosa LLC or Current Resident or Current Resident or Current Resident 311 Hermitage Rd 163 Voyager Way 625 Kimberly Ct Castle Hayne, NC 28429-5831 Hampstead, NC 28443-7931 Rocky Point, NC 28457-7811 Phil Ms. Williams Janet Herring Oreilly Automotive Stores Inc Tax 66 Company Attn: Property or Current Resident or Current Resident or Current Resident 511 Ashley PI 233 S Patterson Ave Po Box 5600 Jacksonville, NC 28546-5820 Springfield, MO 65802-2298 Bartlesville, OK 74005-5600 LO N O N cn E N co Q O C: O 4- .cu O Q cn N w cc a �j t� L � W z t� �- N M 4 Lfi O r-� 06�— O � N AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1974 respectively and subsequently amended CASE: Z22-26 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The New Hanover County Zoning Map is hereby amended by removing the hereinafter described tract from a R-20, Residential District, placing it in a (CZD) CB, Conditional Community Business District, said land consisting of approximately 0.36 acres and being described legally as follows: All of that certain lot or parcel of land located in New Hanover County, State of North Carolina, and being more particularly described as follows: Beginning at a point in the eastern boundary of Castle Hayne Road (U.S. Hwy. 117), a 100' public right-of-way; said point being located southwardly along the right-of-way 343.8 feet from its intersection with the centerline of Sheridan Drive (S.R. 1324), a 50' public right-of-way; and running thence from the point of beginning: North 87000'00" East, 150.00 feet to a point; thence South 03°00'00" East, 105.00 feet to a point; thence South 87000'00" West, 150.00 feet to a point in the eastern boundary of Castle Hayne Road; thence with that right-of-way, North 03000'00" West, 105.00 feet to the point and place of beginning, containing 15,750 Square feet, or 0.362 acres, more or less. Z22-26 Order Page 1 Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the New Hanover County Zoning Map on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the conditions also approved as part of this action, shall be in full force and effect from and after its adoption. Section 5. The County Commissioners find, in accordance with the provisions of NCGS 160D that the zoning map amendment of approximately 0.36 acres of land from a R-20, Residential District, placing it in a (CZD) CB, Conditional Community Business District, is: Consistent with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. The County Commissioners also find approval of the rezoning request is reasonable and in the public interest because the proposal allows service -oriented uses that could serve as an appropriate transition between existing residential uses and the Wrightsboro commercial node, the proposed use types allow for services that are relatively low traffic generators, and the proposal seeks to reduce traffic conflicts. Section 6. The County Commissioners find that all of the specific requirements set forth in Sections 3.4.5, and 10.3.3 of the County Unified Development Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners and attached as part of this approval. IT IS ORDERED that the application for the issuance of a Conditional Zoning District BE GRANTED subject to the following conditions: A. If any of the conditions imposed within this conditional zoning district shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this district designation shall be reversed and the tract shall be rezoned in accordance with the process for map amendment outlined in Section 10.3.2 of the ordinance. Z22-26 Order Page 2 Section 7. In accordance with Section 10.3.3.C.7.c of the ordinance, revocation of the Conditional Zoning District approval may be considered if no building permit has been issued for the subject tract within two years of the date of this approval or if work authorized by the approvals or permits associated with the conditional zoning has not substantially commenced. Section 8. The applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use; and all other state, federal and local rules; and any additional conditions hereinafter stated: 1. Restricting the uses allowed within the district to allow for Business and Professional Offices, Instructional Services and Studios, Personal Services (General, excluding Tattoo Parlor), and Retail Sales (General). 2. The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Plantings will be installed along Castle Hayne Road frontage to meet current "street yard" landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. S. Exterior lighting shall be controlled so that light spillage & glare is not directed at adjacent properties, neighboring areas, or motorists. Adopted the 61h day of February 2023. Bilf ivenbark, Chair T Attest: Kyji-rlolwell, Clerk to the Board Z22-26 Order Page 3