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ApplicationPage 1 of 6 Conditional Zoning District Application – Updated 02-2022 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 planningdevelopment.nhcgov.com 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 6 Conditional Zoning District Application – Updated 02-2022 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: Please list the 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. 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. Page 3 of 6 Conditional Zoning District Application – Updated 02-2022 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. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: 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. Page 4 of 6 Conditional Zoning District Application – Updated 02-2022 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. 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 5 of 6 Conditional Zoning District Application – Updated 02-2022 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  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 meeting written summary  Traffic impact analysis (if applicable) • 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: 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  One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan.  One (1) digital PDF copy of ALL documents AND plans Page 6 of 6 Conditional Zoning District Application – Updated 02-2022 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. 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. 1 2 2 C I N E M A D R I V E , W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 7 9 1 - 6 7 6 0 Supplemental Application Information Proposed Conditional Rezoning by Jarrod Covington New Hanover County Parcels R01719-001-003-001 (Approx. 17.94 acres located near the intersection of Hermitage Rd and Castle Hayne Rd) 3. Proposed Zoning, Use(s), & Narrative Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative. The proposed conditional zoning would allow the subject parcel to be developed as a business park consisting of a mixture of industrial flex space, warehousing, small office space, and related uses. The goal is to promote small businesses, especially those with need for “maker” space or warehouse storage with small offices. The applicant sees this as a business incubator for new businesses as well as catering to smaller and medium sized businesses needing to be close to highways, the northern portion of the county or downtown. Service industry or warehouse dependent businesses often have a difficult time finding a location inside the city limits, but the Castle Hayne corridor is located just outside the city and has excellent access to I-40 & I-140. The location is also already located in a key existing industrial and service industry hub making the proposed project a good fit for the area. The purpose of the proposed conditional district is to provide a business park aimed at companies needing flex office/warehouse space providing options for some of our area’s most requested, but hard to find space such as 2,400sf small office/warehouse combined space, 12,000sf shells for small office and large warehouse to the spaces that can be rented in modular units within a shell allowing a business to effortlessly grow or shrink. The plan identifies a range of sizes and orientations that work with the existing site. While the very nature of industrial flex space requires a certain ability to build-to-suit the end-users, there are constants we know. The business park will consist of several buildings varying in size, with a total maximum square footage of 95,500sf. The development will be built in phases with the first phase consisting of one building adjacent to Hermitage Road. The subsequent phases will be constructed in conjunction with market demands, but all in accordance with the New Hanover County Unified Development Ordinance and the County’s and State’s site-specific planning reviews and permitting procedures. The reason for the request of CS conditional rezoning is to alleviate concerns and address the uncertainty heard at the recent straight rezoning Planning Board hearing. To specifically address concerns over what will and will not be allowed, the applicant offers conditions to be placed on the project related to the uses excluded from site. The CS district is ideal for an array of uses making it an attractive zoning for business with difficulty finding a proper home elsewhere. The benefit of a group of businesses 1 2 2 C I N E M A D R I V E , W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 7 9 1 - 6 7 6 0 in a business park is shared overhead and infrastructure as well as building on proximity of like or related businesses. Due to the wide variety of allowable businesses in the CS district, the applicant understands the desire to focus the project and limit more intensive uses. The aim of this development is to allow people space to create their products or offer versatile space that can grow or shrink as a business does the same. Artisan manufacturing, an allowable CS use, is in line with the development objective and end-users the project hopes to attract. However, CS also allows more intense manufacturing uses that are not appropriate for this site. Some small-scale manufacturing may be suitable, but the uses and space available on the site are limited by the site itself in manufacturing and all uses. The business park will operate on an on-site septic system meaning most manufacturing, residential, or event gathering businesses demanding heavy water/sewer use, are not appropriate for this site. This also means that the majority of space allotted for the development will develop as warehouse or a similar user with low sewer/septic needs. As such, there are many of the CS uses that will not be accommodated in this project. To further outline the conditions the applicant is proposing for the project, we submit the following: We propose all uses permitted within the CS district would be allowed within the proposed conditional district, with the exception of the following uses: CS District Uses Prohibited within the Proposed Conditional District: Wholesale Nursery Live/work or caretaker unit Group home Animal Shelter Community Center Food Pantry Religious Assembly Colleges, Universities & Professional Schools Vocation or Trade School Emergency Services Facility Government Offices and Buildings Post Office Medical and Dental Office and Clinic Urgent Care Facility Community Garden Park and Recreation Area Bus and Taxi Terminal Marina, Commercial Railroad Freight Depot Railroad Passenger terminal Water Transportation Facilities Electric Substation Electronic Gaming Operation Bar/Nightclub Outdoor Recreation Establishment Event Center Veterinary Service Kennel Commercial Parking Lot or Facility Bank or Financial Institution Microbrewery/Microdistillery Commercial Kitchen, Catering Dry Cleaning/Laundry Plant Restaurant Food Market Convenience Store Pharmacy Grocery Store Retail Sales, Building and Construction Supplies Retail Nursery Car Wash Boat Dealer Mobile Home and Prefab Building Sales Fuel Sales Vehicle Sales Vehicle Rentals Vehicle Service Station, Minor Vehicle Service Station, Large 1 2 2 C I N E M A D R I V E , W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 7 9 1 - 6 7 6 0 Vehicle Towning Service and Storage Yard Vehicle Service Station, Major Beverage Manufacturing All Food Manufacturing (Use Code 311) Sawmills and Wood Preservation All Textile Product Mills ( Use Code 314) Commercial and Service Industry Machinery Manufacturing Agricultural, Construction, and Mining Machinery Manufacturing Industrial Machinery Manufacturing Engine, Turbine, and Power Transmission Equipment Manufacturing Other Miscellaneous Manufacturing Medical Equipment and Supplies Manufacturing Commercial Recycling Facility, Large Collection Dry Stack Boat Storage Facility, Stand- Alone Commercial Recycling Facility, Processing and Collection Commercial Recycling Facility, Processing Commercial Recycling Facility, Small Collection 4. Proposed Condition(s) Beyond the prohibited uses in the list above, we also met with concerned neighbors and understand additional buffering for the homes closest to the subject property is desired. The additional conditions is proposed as follows: 1. A 50’ buffer yard shall be provided along the rear property line of the abutting residential lots located on Castle Hayne Road south of the Castle Hayne access point. The buffer shall include both vegetation and a 6-10’ solid wood fence. 2. A 30’ buffer yard shall be provided along the rear property line of the abutting residential lot located on Castle Hayne Road north of the Castle Hayne access point. This area already proposes buildings and vehicular use areas far away from the site due to the location of the on-site septic system. 5. Traffic Impact Use Intensity (1000 GFA) AM Trips PM Trips Warehousing (150) 50.5 15 16 Light Industrial (110) 25 23 24 General Office Building (710) 20 31 30 Total: 95.5 69 70 1 2 2 C I N E M A D R I V E , W I L M I N G T O N , N C 2 8 4 0 3 P H : ( 9 1 0 ) 7 9 1 - 6 7 0 7 F A X : ( 9 1 0 ) 7 9 1 - 6 7 6 0 6. Conditional Zoning District Considerations 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 2016 Comprehensive Plan contains many policies that promote attracting and retaining businesses in order to help provide a strong diverse economy and employment opportunities. The proposed conditional zoning district would provide an area for new and existing businesses to locate within New Hanover County, and will help provide for services and employment to the County’s growing population. 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 subject site is classified as Employment Center and Community Mixed Use on the Future Land Use Map. The Community Mixed Use area is located along Castle Hayne Road and includes the existing residential housing located on the road. The purpose of the Employment Center classification is to identify “areas to serve as employment and production hubs, where office and light industrial uses are predominate.” The types of uses appropriate in these areas include office, industrial, single and multi-family residential, commercial/retail establishments, and recreation uses. The Community Mixed Use classification promotes a combination of retail, office, and housing. Overall, the proposed development will provide for the office/employment and production opportunities promoted in this area. Furthermore, it will provide opportunity of a range of businesses and has potential to further anchor this area of the County as a business hub. 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 proposed CS district is more aligned with the goals and land uses envisioned within the Employment Center and Community Mixed Use place types, which were adopted as part of the 2016 Comprehensive Plan. In addition, I-140 was constructed in the early 2000s and is approximately 0.5 miles from the subject site – allowing easy access to the highway system and Wilmington metro area.