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HomeMy WebLinkAboutConditional Rezoning Application with Attachments 10-2025Page 1 of 8 Conditional Rezoning Application – Updated 10-2025 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 PlanNHC.com CONDITIONAL REZONING 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 applied in reviewing the application for completeness are found in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre- Application Meeting 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 8 Conditional Rezoning Application – Updated 10-2025 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Land Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s) & Narrative Note: Only uses permitted in the corresponding General Use District are eligible for consideration in a Conditional Zoning District. Proposed Conditional Zoning District: Total Acreage of Proposed District: Maximum Residential Density (if applicable): Housing Type(s) (if applicable): Maximum Square Footage of Non- Residential Use(s) (if applicable): Proposed Non-Residential Land Use(s) (if applicable): Please provide a statement about the purpose of the district and a project narrative (attach additional pages if necessary). Page 3 of 8 Conditional Rezoning Application – Updated 10-2025 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 on the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. Developments that generate 100 or more trips in the AM or PM peak hour must include a complete TIA with the application materials. The TIA must be approved by NCDOT and the WMPO before the item can be considered by the Board of Commissioners. Recommendation: Before applying contact the WMPO to confirm the most appropriate ITE code and traffic generation rate is being applied. If the information has been verified, please attach a copy of the verification with the application. Unverified information submitted with the application may result in the application being ineligible to move forward to a Planning Board agenda. ITE Land Use (Code): Trip Generation Variable (gross floor area, dwelling units, etc.): AM Peak Hour Trips: PM Peak Hour Trips: Page 4 of 8 Conditional Rezoning Application – Updated 10-2025 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 policy guidance of the 2016 New Hanover County Comprehensive Plan, zoning considerations, and technical review. Conditional rezonings are intended to provide orderly transitions between different zoning districts or land uses where additional conditions and district limitations may safeguard adjacent land uses benefiting all parties and the community at large. The application must include an explanation of how the proposed Conditional Zoning district meets the following criteria. (include references and attachments to plans where applicable). 1. How would the requested change be consistent with New Hanover County’s policies for growth and development, as described in the New Hanover County Comprehensive Plan or other applicable, adopted plans? 2. How would the requested Conditional Zoning district be consistent with the property’s classification on the Comprehensive Plan’s Future Land Use Map? Page 5 of 8 Conditional Rezoning Application – Updated 10-2025 3. What significant neighborhood changes have occurred that may make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Page 6 of 8 Conditional Rezoning Application – Updated 10-2025 7. Application Requirements Staff use the following checklist to determine if the application is complete. Please verify all 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 to be processed for further review. Staff will confirm if an application is complete within five business days of submittal. Applicants are encouraged to arrange an informal pre-application meeting with Planning staff at least two weeks before applying. Pre-application meetings help improve the chances of submitting a complete application. Application Checklist And Acknowledgement Applicant Initial  This application form, completed and signed (all property owners must sign signatory page) _____  Copy of most recent annual filing identifying the owners / officers / managers from the Secretary of State’s Business Registry for any LLCs or other companies listed on the application. _____  Application fee: • $600 for 5 acres or less • $700 for more than 5 acres _____  Community Information Meeting Report (complete and signed by authorized agent or all property owners) _____  Traffic Impact Analysis if applicable (use of attached report document is recommended) • The official TIA approval letter is recommended before this item is placed on a Planning Board agenda. The Planning Boad may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required before this item is placed on a Board of Commissioners agenda. ______  Legal description (by metes and bounds) or a recorded survey with Map Book and Page reference of the property or area requested for rezoning. ______  Conceptual Plan including the following minimum information. Not if information beyond the minimum requirements is shown on the concept plan they may be considered conditions of approval and may not be eligible for approval as a minor deviation. • Tract boundaries and total acreage • Location of adjoining parcels and roads • Proposed land use, building areas and other improvements o Residential uses: include the maximum density, unit count, height, and type of housing, maximum area occupied by structures, and proposed subdivision boundaries. ______ Page 7 of 8 Conditional Rezoning Application – Updated 10-2025 o Non-Residential uses: include the maximum square footage and height of each structure, an outline of the area structures will occupy, the specific purpose / land use and how each structure will be used. • Proposed transportation and parking improvements; including proposed rights-of-way and roadways, proposed access to and from the site, and arrangement and access to parking areas. • All existing and proposed easements, required setbacks, rights -of- way, and buffers. • The location of Special Flood Hazard Areas. • For sites less than 5 acres in size a tree survey is required identifying the exact location, species and size of all specimen trees on site. For sites more than 5 acres a narrative is required describing the existing vegetation on site including the approximate location, species, and size (DBH) of regulated trees. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Location of any existing wells or septic systems on site. • 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.  Documentation on soil types and infiltration rates if underground stormwater facilities are proposed. _____  One (1) digital PDF copy of ALL documents AND plans _____ Page 8 of 8 Conditional Rezoning Application – Updated 10-2025 8. Acknowledgement and Signatures Note: This form must be signed by the property owner(s) of record. A signature is required for each owner of record if there are multiple owners. By signing below, I understand and accept the following: • All the conditions, limitations, and obligations of the conditional rezoning process for which I am applying. • That the existing Official Zoning Map is presumed to be correct. • I certify that this application is complete, and all information presented in this application is accurate to the best of my knowledge, information and belief. • I am legally able to make decisions regarding the subject property and apply for this application to make changes to the subject property. • If applicable, I also appoint the applicant / agent 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. • An authorized agent or the property owner will attend each public hearing scheduled for the application to represent the request and answer questions if called upon. • If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the changes will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staf f after the applications are posted at the time of public notice. • If a request is made to delay consideration by the Planning Board or Board of Commissioners before public notice has been sent out in the mail or to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is re quested 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 county’s adopted fee schedule will be required. _____________________________________________________ _________________ ___________ Signature of Property Owner / Authorized Agent Print Name Date _____________________________________________________ _________________ ___________ Signature of Property Owner / Authorized Agent Print Name Date 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 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 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)