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Z22-04 Agent Authorization FormPage 1 of 3 04/14 Petitioner Information Property Owner(s) If different than Petitioner Subject Property Name Owner Name Address Company Owner Name 2 Parcel ID(s) Address Address Area City, State, Zip City, State, Zip Existing Zoning and Use Phone Phone Proposed Zoning and Use Email Email Land Classification Application Tracking Information (Staff Only) Case Number Date/Time received: Received by: NEW HANOVER COUNTY PLANNING & LAND USE Application for ZONING MAP AMENDMENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre-application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments: • Section 110: Amending the Ordinance • Section 111: Petitions • Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:00PM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. William Merrette Moore III Catherine E Burney 5000 N College Road Tidewater Investment Company LLC N/A R01800-002-001-000 1411 Commonwealth Dr, Suite 203 1900 Eastwood Road, Suite 15 8.03 Acres Wilmington, NC 28403 Wilmington, NC 28403 910-547-1200 R-15 mmoore@tidewaterinvestco.com hknight@intracoastalrealty.com Print Form RES-Residintial 910-398-7090 (Contact: Harry Knight) CB Page 2 of 3 04/14 CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the zoning district which is being requested for the subject property. Rezoning requests must be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance, and the applicant has the burden of proving that the request is not consistent with the county’s adopted land use plan, zoning ordinance, reasonable, and in the public’s interest. The applicant should explain, with reference to attached plans (where applicable), how the proposed zoning district satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. How would the requested change be consistent with the County’s Policies for Growth and Development? APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre-application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Initial Staff Initial Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. Legal description (by metes and bounds) of property requested for rezoning. Copy of the subdivision map or recorded plat which delineates the property. Any special requirements of the Ordinance (for example, Section 54.2 for Planned Development District, Section 54.1 for Exceptional Design Zoning District, or Section 54.3 for Riverfront Mixed Use District) A report of the required public information meeting outlined in Section 111-2.1 (if applicable) Authority for Appointment of Agent Form (if applicable) Fee - For petitions involving 5 acres or less, $500. For petitions involving greater than 5 acres, $600 WMM WMM WMM WMM WMM WMM WMM The requested rezoning change would be consistent and compatible with County Policy because it closely follows the future land use map and New Hanover County Comprehensive Plan. More specifically our parcel and the direction of future development under the intent of ʼn Mixed Use ordinance 3.3.2 aligns with the bullets posted below: C. Encourage mixed use redevelopment, conversion, and reuse of aging and underutilized areas and increase the efficient use of land in the unincorporated County; E. Encourage the creation of public and civic spaces for the use and enjoyment of County residents and visitors; and F. Support the development of complete communities where residents are able to conveniently access basic goods and services, civic and cultural resources, and recreational opportunities. Page 3 of 3 04/14 2. How would the requested zone change be consistent with the property’s classification on the Land Classification Map? 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? 4. How will this change of zoning serve the public interest? 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. By my signature below, I understand and accept all of the conditions, limitations and obligations of the zoning district for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. 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. __________________________________________ _______________________________________ Signature of Petitioner and/or Property Owner Print Name William Merrette Moore III The Planning & Land Use classification is consistent with the future land use map and New Hanover County Comprehensive Plan. According to the map, you can see where the N College road is progressing towards ʼn Community Mixed Use shown in the key color coordinated and labeled on the bottom right of the image. The proposed Mixed Use district would be consistent with the lands and development surrounding it. The parcel at 5000 N College Road is currently zoned R-15. We are seeking to rezone to a zoning district that would allow for the following uses: - Indoor recreation facility - Bar - Restaurant Referencing Table 4.2.1: Principal Use Table within the Countys Unified Development Ordinance, the existing R-15 zoning district does not allow for any of the uses listed above. Zoning districts that allow for the three uses written above include CB Community Buisness, B-1 Neighborhood Business and B-2 Regional Business. The rezoning of this parcel from residential to commercial will allow Tidewater to develop and build a facility that will significantly benefit the public interest of New Hanover residents. Our plan includes construction of 25 pickleball courts, a play area for kids, a fast-casual restaurant and a sports bar. Pickleball, according to many sources, is the fastest growing sport in the United States. There are many social and health benefits that the sport provides. In New Hanover county, there is no single, publicly-accessible location that has more than 6 pickleball courts. Our initial phase calls for 25 courts, with room and potential for more. The critical mass of courts will provide access to pickleball to players of all ages and skill levels. It will also enable us to sponsor pickleball tournaments, bringing in people from all over the country, adding a valuable cog in the county's tourism engine. Given the wide ranging age participation in pickleball, along with the highly social nature inherent in the sport, we feel that providing quality food, beverage and ancillary recreation options will enhance the experience for those who use our facilities. They will add to the communal nature of our venue, which we think will benefit the community as a whole.