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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 Jose A C Godinez 4222 Castle Hayne Road Castle Hayne, NC 28429 910-547-6576 brotherslandscaping.office@gmail.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. N/A 322119.62.4079 [R01700-004-033-001] R-20 / Residential Community Mixed-Use 2.00 ac. (87,120 s.f.) 2.00 ac.(CZD) B-2 4222 Castle Hayne Road (NC Hwy. 133) Owner proposes to renovate the existing residence as offices and create a patio display area for hislandscape contractor and design business. All parking and activity will be behind the structure. Equipment and materials storage will be central to the tract, and screened by fencing. Stormwater will be managed by a pond at the rear boundary. 2000 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: Single-tenant Office Building (ITE - 715) Employees @ 14 7 7 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 4222 Castle Hayne Road Beginning at a point in the southeastern boundary of Castle Hayne Road (U.S. Hwy. 117), a 60’ public right-of-way; said point being the northwestern-most corner of “Tract A,” shown on a plat enƟtled “Division of Farm 105 – Marathon Colony,” recorded among the land records of the New Hanover County Registry in Map Book 28, at Page 173; and running thence with the Castle Hayne Road right-of-way: North 57006’15” East, 165.00 feet to a point; thence South 32050’15” East, 528.00 feet to a point; thence South 57006’15” West, 165.00 feet to a point; thence North 32050’15” West, 528.00 feet to Castle Hayne Road, the point and place of beginning, containing 2.00 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 4222 Castle Hayne Road 322119.62.4079 [R01700-004-033-001] Wednesday, April 23, 2025 / 6:00 p.m. In-person w/ info provided for alternative contact if not able to attend Project Site / 4222 Castle Hayne Road Actual project site 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 Sketch site plan has been revised to increase parking area, and add a stormwater pond at the rear of the tract. CAW CAW CAW April 11, 2025 Cynthia Wolf - Design Solutions 04/30/25 CAW PROPERTIES WITHIN A 500' PERIMETER OF 4222 CASTLE HAYNE ROAD: OWNER NAME MAILING ADDRESS CITY / STATE / ZIP BLACKMAN JOHN M PO BOX 15681 WILMINGTON NC 28408 DRISH MICHAEL S 112 DOGWOOD LN HAMPSTEAD NC 28443 DUPRIEST MAUDE REE HEIRS PO BOX 580 CASTLE HAYNE NC 28429 HERRON APRIL G JAMES D 1008 TIDINGS RD LELAND NC 28451 KAPCOR LLC 660 AUGUSTINE AVE SUPPLY NC 28462 KORNEGAY RONALD E 4241 CASTLE HAYNE RD CASTLE HAYNE NC 28429 LEWIS LESLIE 4128 CASTLE HAYNE RD CASTLE HAYNE NC 28429 MULLINS DAVID WAYNE 204 RENWOOD CIR WILMINGTON NC 28405 MULLINS WILLIAM MICHELE 4228 CASTLE HAYNE RD CASTLE HAYNE NC 28429 OUTDOOR EXPERTS LLC 170 N PASSERINE PATH HAMPSTEAD NC 28443 RAMIREZ FRANCISCO J 4120 CASTLE HAYNE RD CASTLE HAYNE NC 28429 SZCZERBIAK STEPHEN DEBRA 104 MCDOUGALD DR CASTLE HAYNE NC 28429 T&T REAL EST HOLDINGS LLC 8120 SCHOONER PL WILMINGTON NC 28412 VELASCO PEDRO M 1847 US HIGHWAY 421 WILMINGTON NC 28401 ZCH INVESTMENTS LLC 520 GREEN HERON DR WILMINGTON NC 28411 April 11, 2025 To: Adjacent Property Owners This is a notice of a community information meeting for an upcoming rezoning request on behalf of Jose Godinez, property owner of 4222 Castle Hayne Road. The 2.0-acre tract is currently zoned Residential (R-20) in the New Hanover County jurisdiction. The proposed rezone would be for Conditional Zoning District / Regional Business (CZD / B-2), for the Owner to locate his contracting business – Brothers Landscaping & Design. The existing house will be renovated for office use, and all other activity will occur to the rear of the house. A concept plan for the 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. A meeting will be held on Wednesday, April 23rd, 6:00 p.m., at the existing house, 4222 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 being a good neighbor and an asset to the community.