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HomeMy WebLinkAboutApplicationNEW 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 planningdevelopment.nhcgov.com ZONING MAP AMENDMENT APPLICATION This application f.orrnillustbe onli • ·• • • • · • • below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.2 of the Unified Development Ordinance. 1.Applicant and Property Owner Informal on Applicant/ Agent Name 7650 Market Street, LLC by its agent/attorney Colin J. Tarrant Company Block, Crouch, Keeter, Behm & Sayed, LLP Address 310 N. Front St., Suite 200 City, State, Zip Wilmington, NC 28401 Phone (910) 763-2727 Email ctarrantl@bcklawfirm.com Owner Name (if different from Applicant/ Agent) 7650 Market Street, LLC/ Khalid Saleh, Manager Company/Owner Name 2 Address 3811 Cottonwood Dr. City, State, Zip Durham, NC 27705 Phone (704)563-3988 Email ksaleh3350l@aol.com Pagel of 5 Zoning Map Amendment Application -Updated 12-2020 \ 2. Subject Property Information Address/Location 7650 Market Street, Wilmington, NC 28411 Total Parcel(s) Acreage 1.44 Existing Zoning and Use(s) B-2 (subject to SHOD designation) 3. Zoning Map Amendment Considerations Parcel Identification Number(s) R03600-005-037-000 Proposed Zoning District(s)B-2 (removal from SHOD designation) Future Land Use Classification Community Mixed Use Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify the land that is subject of the application to the requested zoning district classification(s) and subjects it to the development regulations applicable to the district(s). The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Mapamendment meets the following criteria. (attach additional pages if necessary) 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 proposed rezoning is generally consistent with the goals and objectives of the 2016 ComprehensiveThis idPlan, and the type of business uses encouraged in the Highway Business District or B-2 Zone. This isevidenced by the current approvals and ongoing operation of the business at the location. The policies forgrowth and development encourage continued efforts to attract new business. Sustainability of NewHanover County depends on sensible in-fill and maximizing use of lands already accessible to urbanservices. The UnifoUniform Development Ordinance (UDO) declares the Special Highway Overlay District's(SHOD) purpose is to protect the natural beauty and scenic vista along interstate highways and otherspecially designated roadways that serve as major accessways or gateways into New Hanover CountyThe requested change to eliminate the application of the SHOD is consistent with the County's policies as sufficient open spaces and buffers exist at the subject property as illustrated by its current development. 2.How would the requested zoning change be consistent with the property's classification on the 2016Comprehensive Plan's Future Land Use Map? The 2016 Comprensive Plan was developed to drive future growth and redevelopment throughoutNew Hanover County, and the Market Street corridor has been identified as a Community Mixed-Use place type. The commercial uses and services are appropriate, based on direct access to amajor thoroughfare road and to serve as transitions between the highway corridor and less dense residential communities within the area. The current development andand use of the property wasact ispreviously approved and deemed consistent with the Comprehensive Plan. This request is consistent with the property's classification on the Future Land Use Map and asks for removal ofthe property from the SHOD as its application inflicts more severe zoning requirements for 7650Market Street, LLC than the current B-2 zoning. Specifically, the SHOD places heightenedrestrictions on building setbacks, as well as height location requirements for signs located therein. Page 2 of 5 Zoning Map Amendment Application - Updated 12-2020 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? Market Street is a vital roadway that supports vehicular circulation for residents throughout the northern portion of New Hanover County. Market Street from Middle Sound Loop Road to Marsh Oaks Drive (1.6miles) was widened as part of the North Carolina Department of Transportation project ongoing since2024, including during the time of construction and development of the current service station business located at the property. This was done to improve capacity, aid in managing population growth andreduce traffic congestion on Market Street. In widening Market Street, many property owners along Market Street, including applicant's property, lost considerable road 1 frontage frontage due due to the creation of additional lanes and the replacement of the turning lane with a median. As the SHOD continues to be calculated from the boundary line of the right-of-way, its application now restricts substantially more of applicant's property than prior to the widening project. Additionally, properties along Market Street havebeen removed from the SHOD, including the adjacent property located directly to the south of theapplicant. Removal of the SHOD would not allow, nor does the applicant seek arany additionaluld bring theconstruction or development beyond the current use, but it would bring the current sign located on theproperty into compliance with the UDO, as its current height and location meet the requirements of theB-2 zoning classification. How will this zoning change serve the public interest?4. ho The purpose of the SHOD is generally aesthetic in nature and has met its intended purpose to provide open spaces and natural woodland along Market Street. This has created a buffer along Market Streetfrom the right-of-way to adjacent business development by providing a scenic corridor and natural vegetation. However, the intended purpose of the Market Street widening project was not to usurp additional frontage from propety owners along the Market Street corridor, excessively restricting their ability to utilize their real property. Removing the SHOD from applicant's property would allow the applicant to reclaim frontage previously lost by the widening of Market Street while continuing tomaintain the SHOD's intended buffer as no further alterations and/or development is anticipated at the applicant's property. The current sign located on the property would also comply with B-2 zoning heightand location requirements without any changes to its original approval and construction specifications,while allowing it to remain at its current height and location. Page 3 of 5 Zoning Map Amendment Application - Updated 12-2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of thelisted items are included and confirm by initialing under "Applicant Initial". Applications determined to beincomplete must be corrected in order to be processed for further review. Application Checklist This application form, completed and signed Applicant Initial CST Application fee: • $500 for 5 acres or less $600 for more than 5 acres Legal description (by metes and bounds) or recorded survey Map Bookand Page Reference of the property requested for rezoning One (1) hard copy of ALL documents CJT CST CJT Acknowledgment and Signatures Form (if applicable)CJT One (1) digital PDF copy of ALL documents AND plans CJT Page 4 of 5 Zoning Map Amendment Application - Updated 12-2020 4. Acknowledgement and Signatures I hereby certify that I am the applicant or authorized agent of the applicant, and the information included in this application is accurate to the best of my knowledge, information, and belief. I also certify that I have submitted all of the information and documentation required for this application. Further, I acknowledge that no site work can commence until all applicable approvals and permits are obtained, and that any modifications to approved or proposed plans must be reviewed by the County and may require the submittal of a new application.ott Signature of Applicant Colin J. Tarrant Print Name Signature of Applicant Print Name Note: This form must be signed by the owner(s) of record, contract purchaser(s), or other persons(s) having a recognized property interest; or by a person authorized to submit the application on their behalf. 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 5 of 5 Zoning Map Amendment Application - Updated 12-2020