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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 Golden Ventures I LLCSamuel B. Potter Equitas Law Partners LLP 330 Military Cutoff Road, Suite A-2 Wilmington, NC 28405 910-500-1532 sam@equitaslp.com 330 Military Cutoff Road, Suite A-2 Wilmington, NC 28405 910-500-1532 slanier@intracoastalrealty.com By: Stephanie Lanier 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. Split B-2 & R5 R-15 See attached See attached Split Community Mixed Useand General Residential -- See attached B-2 3.66 acresR-5 1.52 acres 5.18 acres 16,750 square feet 8 dwelling units per acre B-2:Convenience Market w/ Gas, 945 (Fuel Sales, Convenience Store)Fast Food w/ Drive Through, 934 (Restaurant) R-5:Single Family Attached, 215 (Dwelling, Row Style) This project proposes the construction of a convenience store and gas station, quick-serve restauraunt,and twelve (12) townhomes on the subject property. The convenience store/gas station and quick-serverestauraunt are situated along the existing commercial corridor of Market Street; separated fromthe proposed moderate density residential development. The goal of this project is to develop the property in a manner that is both cohesive with the surroundingcommercial uses and provides a transitional buffer to the lower density residential development alongAlexander Road. 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: Convenience Market w/ Gas, 945Single Family Attached, 215Fast Food w/ Drive Through, 934 Convenience Market w/ Gas, 945 -- 6,200 square feetSingle Family Attached, 215 -- 14 dwelling unitsFast Food w/ Drive Through, 934 -- 1,850 square feet None proposed at this time. 165 137 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. The proposed split zoning of the property aligns with the property's identified Future Land Use Classifications, with the portion of the property along Alexander Road identified for residentialuse and the portion of the property along the frontage of Market Street identified for commercial use. This proposal is both aligned with the Future Land Use Map and is consistent with the existing surroundingdevelopment pattern. The requested rezoning and related development align with the values expressed in New Hanover County's Comprehensive Land Use Plan suggesting that moderate to high density residential development serves as an appropriate transition buffer from commercial services to lower density residential neighborhoods. The proposed project serves this purpose by aligning the portion of the property on Market Street with surrounding commercial uses, and providing an intermediate buffer of moderate density residential development along Alexander Road, to serve as a transition to lower density development. 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? The existing R-15 zoning classification and related low density residential development along the portion of Market Street where the property is located is incongruous with the development pattern of the area, where many of the surrounding zoning classifications and uses are commercial. The Comprehensive Plan encourages transitional development between commercial uses andresidential areas, and a moderately increased density from R-15 to R-5 along the portion of the property abutting Alexander Road will provide a transition from the commercial uses to the residential development further down Alexander Road. 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 SBP SBP SBP SBP SBP SBP SBP SBP 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 April 22, 2025 at 6:00pm In Person 1989 Eastwood Road, Wilmington, NC 28403 Proximity to proposed rezoning site; availability of location See attachedSee attached The primary issues discussed included stormwater management and the increased traffic the proposeddevelopment would bring to Alexander Road, given existing concerns regarding both issues. SBP SBP SBP SBP 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 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. Address/Location Approval Date 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 See attached. Convenience Market w/ Gas, 945 -- 6,200 square feetSingle Family Attached, 215 -- 14 dwelling unitsFast Food w/ Drive Through, 934 -- 1,850 square feet 1. US 17 (Market Street) and Alexander Road (SR 1345)2. US 17 (Market Street) Southbound-to-Northbound U-Turn3. US 17 (Market Street) and Site Access 1 (right-in/right-out)4. SR 1345 (Alexander Road) and Site Access 2 (full movement)5. SR 1345 (Alexander Road) and Site Access 3 (full movement; gated access toboat/RV storage only)6. SR 1345 (Alexander Road) and Site Access 3 (full movement, alignedwith Abberly Wilmington Site Access A)7. SR 1345 (Alexander Road) and Site Access 4 (full movement). Wednesday, October 23, 2024 Upon full buildout, the proposed development is expected to generate 165 net new vehicle-trips duringthe AM peak hour and 137 net new vehicle-trips trips during the PM peak hour. For more information, see TIA attachment, Table 4. See attached. Page 2 of 2 Community Information Meeting Report – Approved 06-2022 Trip Distribution and Assignment Approved Developments Considered Planned Roadway/Intersection Improvements Considered Approved Background Growth Rate Required Improvements (with phasing if proposed) 1. U-4902D – conversion of US 17 to a Restricted Crossing U-Turn (RCUT)corridor. A signalized southbound-to-northbound U-turn is proposedapproximately 750’ south of the US 17 and Alexander Road (southernconnection) intersection.2. Abberly Wilmington – US 17 and Alexander Road (southern connection) -construct a southbound right turn lane on US 17 (Market Street) with 100 feetof storage, and appropriate full-width deceleration and taper. 1% 1. U-4902D – conversion of US 17 to a Restricted Crossing U-Turn (RCUT)corridor. A signalized southbound-to-northbound U-turn is proposedapproximately 750’ south of the US 17 and Alexander Road (southernconnection) intersection.2. Abberly Wilmington – US 17 and Alexander Road (southern connection) -construct a southbound right turn lane on US 17 (Market Street) with 100 feetof storage, and appropriate full-width deceleration and taper. Commercial: Market Street North - 60%Market Street South - 40% ResidentialMarket Street North - 30%Market Street South - 70%