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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 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. 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: 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 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. 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 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 commercial premmise GENERAL plan Arch :ROGER CARDENAS HERNANDEZ Atilano cardenas 2624 Castle H AYNE rd Wilmington nc 28401 2624 Castle H AYNE rd Wilmington nc 28401 store & Restaurant el paso 150 ft 106.4 ft120 ft 150.6 ft commercial premmise GENERAL plan Arch :ROGER CARDENAS HERNANDEZ Atilano cardenas 2624 Castle H AYNE rd Wilmington nc 28401 Commercial Area store & Restaurant el paso Area to be buit 6,374 sf square Parking Fr o m S e t b a c k 2 5 ´ Entrace and exit for vehicles Restaurant Streetyard Plantings Ga r d e n Ga r d e n i a L a n e Ga r d e n CASTLE HAYNE ROAD /N.C. HWY 117 Zo n i n g B - 1 Fa m i l y D o l l a r Zo n i n g B - 1 2624 Castle H AYNE rd Wilmington nc 28401 6.00 ft Thuja Green Giant Arborvitae Natural hedge barrier Schematic Section Street 35´ Drain slope 15 0 f t 106.4 ft 120 ft 15 0 . 6 f t Surface Coverage Rooftop 6,460 Concrete 4,571 Total Total building Area 6,374 s.f.(+-) Max. Building Height Parking (@ 2.5spaces/ 1000 s.f .GFA) Min. Spaces req´d. = 16 Space Prov = 20 Development Notes Tract Area 16,553 s.f.(0.39 ac.) Proposed land Use(s)- Grocery Store and Restaurant 1. All development shall be in accordance with 2.Project shall comply with all Federal, State and New the New Hanover County Zoning Ordinance Hanover County regulations Development Data General Notes 1. New Hanover County Parcel Nos PARID : R 03311-004-017-000 2. Trac Area : 16,553 s.f. (0.39 ac.) 3.Current Zoning District :(CZD)B1 Propsed District- (CZD) B1 4. Comprehensive Plan Classification: Community Mixed-Use Entrace and exit for vehicles 11,031 Occupation area 39,03 % Free area 60,97 % Concrete Concrete Concrete Garden 35´ Concept Plan Re a r s e t b a c k 3 0 ´ OWN1 Owner_Address Owner_City SOLANA ALAN TRUSTEE 1650 MILITARY CUTOFF RD SUITE 200 WILMINGTON, NC 28403 MORTON STEVEN C PATRICIA J 111 HORNE PLACE DR WILMINGTON, NC 28401 JEWELL JOSEPH A DEBORAH A 116 HORNE PLACE DR WILMINGTON, NC 28401 JOHNSON RANSOM C JR 115 HORNE PLACE DR WILMINGTON, NC 28401 HAGER JOHN A ETAL 112 HORNE PLACE DR WILMINGTON, NC 28401 SHORT ANDREW D 3321 AMMONS DR WILMINGTON, NC 28405 HUGHES JOYCE S 5917 MYRTLE GROVE RD WILMINGTON, NC 28409 INMAN DAN E MARIE P 130 CARL SEITTER DR WILMINGTON, NC 28401 WILLIAMS SAMANTHA 2701 CASTLE HAYNE RD WILMINGTON, NC 28401 PHILLIPS 66 COMPANY PO BOX 5600 BARTLESVILLE, OK 74005 ADVANCE STORES COMPANY INC 5008 AIRPORT RD ROANOKE, VA 24012 NEW HANOVER COUNTY 230 GOVERNMENT CENTER DR SUITE 190 WILMINGTON, NC 28403 INMAN DAN E MARIE P 130 CARL SEITTER DR WILMINGTON, NC 28401 GARCIA GOMEZ RAMON ET UX 5916 SALTEE WAY WILMINGTON, NC 28409 JP PORTER LLC 163 VOYAGER WAY HAMPSTEAD, NC 28443 PRIDGEN MANLEY M II 14 SHERIDAN DR WILMINGTON, NC 28401 ALHOBISHI CONVENIENCE STORES & RENTALS I PO BOX 807 SAINT PAULS, NC 28384 LA BELLA AIROSA LLC 625 KIMBERLY CT ROCKY POINT, NC 28457 OUTER RIM ENTERPRISES INC 3508 KERR AVE N WILMINGTON, NC 28405 JP PORTER LLC 163 VOYAGER WAY HAMPSTEAD, NC 28443 PRIDGEN MANLEY M II 14 SHERIDAN DR WILMINGTON, NC 28401 HUGHES JOYCE S 5917 MYRTLE GROVE RD WILMINGTON, NC 28409 OREILLY AUTOMOTIVE STORES INC 233 PATTERSON AVE S SPRINGFIELD, MO 65802 WRIGHTSBORO PLAZA 6725 MONUMENT DR WILMINGTON, NC 28405 ASSURED QUALITY HOLDINGS LLC 327 GATEFIELD DR WILMINGTON, NC 28412 ZP 387 WRIGHTSBORO PLAZA LLC 6725 MONUMENT DR WILMINGTON, NC 28405 CLARK CALEB A 8 LAUREL DR WILMINGTON, NC 28401 TIMMERMAN TANNER J KERRIE B 16 LAUREL DR WILMINGTON, NC 28401 MCCANDLESS ELEANOR N 1911 KNOLLWOOD DR WILMINGTON, NC 28403 EIR ASSOCIATES PLLC 4424 MOCKINGBIRD LN WILMINGTON, NC 28409 PIERCE PRINCETTA MALAVE PHILLIP M 583 PERU RD SNEADS FERRY, NC 28460 ALLMAN ALLEN P 2630 CASTLE HAYNE RD WILMINGTON, NC 28401 MCDOWELL SHELVIA S 4 LAUREL DR WILMINGTON, NC 28401 WILLIAMS JANET HERRING ETAL 511 ASHLEY PL JACKSONVILLE, NC 28546 B&C WRIGHTSBORO LLC PO BOX 3743 WILMINGTON, NC 28406 1 8 July 2025 To: Adjacent Property Owners From: Atilano Cardenas Re: 2624 Castle Hayne Road I would like to extend my apologies for the additional notice, but we encountered a digital notification issue that may have caused confusion so we are holding a second information session. I will also like to thank those came to the first meeting. This is a notice for a community information meeting for an upcoming request by Atilano Cardenas, applicant, on behalf of Phillip & Princetta Pierce, property owner(s), for a Conditional Rezoning from (CZD) B-1 to (CZD) B-1 for grocery store and restaurant. The subject property is approximately 0.39 ac. and is located at 2624 Castle Hayne Road and is identified as PID R03311-004-017-000. The purpose of the community information meeting is to explain the proposal and answer questions from meeting attendees. The meeting will be held at Tienda Latina El Paso located at 2528 Castle Hayne Rd STE 8 at 10am on July 22nd. If you cannot attend, you are also welcome to contact me at (910) 212-0666 or elpasoilm@gmail.com with any comments or questions. Thank you, Atilano Cardenas commercial premmise GENERAL plan Arch :ROGER CARDENAS HERNANDEZ Atilano cardenas 2624 Castle H AYNE rd Wilmington nc 28401 Commercial Area store & Restaurant el paso Area to be buit 6,374 sf square Parking Fr o m S e t b a c k 2 5 ´ Entrace and exit for vehicles Restaurant Streetyard Plantings Ga r d e n Ga r d e n i a L a n e Ga r d e n CASTLE HAYNE ROAD /N.C. HWY 117 Zo n i n g B - 1 Fa m i l y D o l l a r Zo n i n g B - 1 2624 Castle H AYNE rd Wilmington nc 28401 6.00 ft Thuja Green Giant Arborvitae Natural hedge barrier Schematic Section Street 35´ Drain slope 15 0 f t 106.4 ft 120 ft 15 0 . 6 f t Surface Coverage Rooftop 6,460 Concrete 4,571 Total Total building Area 6,374 s.f.(+-) Max. Building Height Parking (@ 2.5spaces/ 1000 s.f .GFA) Min. Spaces req´d. =20 Space Prov = 20 Development Notes Tract Area 16,553 s.f.(0.39 ac.) Proposed land Use(s)- Grocery Store and Restaurant 1. All development shall be in accordance with 2.Project shall comply with all Federal, State and New the New Hanover County Zoning Ordinance Hanover County regulations Development Data General Notes 1. New Hanover County Parcel Nos PARID : R 03311-004-017-000 2. Trac Area : 16,553 s.f. (0.39 ac.) 3.Current Zoning District :(CZD)B1 Propsed District- (CZD) B1 4. Comprehensive Plan Classification: Community Mixed-Use Entrace and exit for vehicles 11,031 Occupation area 39,03 % Free area 60,97 % Concrete Concrete Concrete Garden 35´ Concept Plan Re a r s e t b a c k 3 0 ´ commercial premmise GENERAL plan Arch :ROGER CARDENAS HERNANDEZ Atilano cardenas 2624 Castle H AYNE rd Wilmington nc 28401 2624 Castle H AYNE rd Wilmington nc 28401 store & Restaurant el paso 150 ft 106.4 ft120 ft 150.6 ft NHC GIS Map New Hanover County, NC, NHC GIS zoning AR B-1 B-2 CZD B-1 O&I R-15 R-20 SC parcels roads major roads municipal limits address 6/18/2025, 2:15:09 PM 0 0.04 0.090.02 mi 0 0.07 0.140.04 km 1:2,000 New Hanover County, NC New Hanover County, NC | New Hanover County, NC | NHC GIS |