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PB Agenda 20110106 Packet Chris O’Keefe, AICP Director NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 NOTICE OF PUBLIC HEARING NEW HANOVER COUNTY PLANNING BOARD JANUARY 6, 2011 The New Hanover County Planning Board will hold public hearings on Thursday, January 6, 2011 beginning at 5:30 p.m. or thereafter at the New Hanover County Historic Courthouse, 24 North Third Street (corner of Third and Princess Streets), Room 301 in Wilmington, NC to consider the following items: Approval of the December Planning Board Meeting Minutes Item 1: Rezoning Request (Z-909, 01/11) – Request by Claud O’Shields on behalf of Liberty Baptist Church to rezone approximately 3.0 acres identified as Parcel ID R03600-003-042-004&005 located in the 7000 block of Market Street from R-15 Residential to O&I Office and Institutional District. The site is classified as Transition on the 2006 CAMA Land Classification Map. Item 2: Market Street Corridor Study – Public comment period to consider recommendations outlined for the portions of the study relating to the unincorporated county. Technical Review Committee Report (December) The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. Petitions for the above items may be viewed or inquiries made by contacting the Planning & Inspections Department at 798-7165, 230 Government Center Drive, Wilmington, NC. All interested citizens are invited to attend. Jane Daughtridge, AICP Current Planning and Zoning Manager Jane Daughtridge, AICP Current Planning & Zoning Manager Dennis Bordeaux Inspections Manager Shawn Ralston Long Range Planning Manager CASE: Z-909 PETITIONER: Claud O’Shields, Jr. on behalf of Liberty Baptist Church REQUEST: Rezone from R-15 Residential to O&I Office and Institutional ACREAGE: Two parcels, approximately 1.60 + 1.42 Acres for a total of 3 acres LOCATION: 7000 block of Market Street, Parcels R03600-003-042-004 and R03600-003-042-005 LAND CLASS: Transition STAFF SUMMARY The subject property is located in the northern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The site is currently served by public water but public sewer is approximately 440 feet away from parcel R03600-003-042-005. There are two parcels which are part of this request. Both are owned by Liberty Baptist Church. The parcels are bisected by right-of-way for Raintree Road as it connects into Bump Along Road for secondary access to the Brickstone Estates Subdivision, making both parcels corner lots. The 1.42 acre property is accessed from Market Street, an urban principle arterial roadway, Bump Along Road, a local street which intersects with Market Street, and Raintree Road, a local street primarily serving Brickstone Estates Subdivision . The interior 1.6 acre parcel is accessed from Bump Along Road and Raintree Road. Traffic counts on Market Street, slightly north of the proposal , between Sweetwater Drive and Market Street, have decreased from 38,689 (2009) to 34,850 (2010). No counts or levels of service are available for the local streets. Market Street has a 2007 Level of Service F, meaning the roadway is operating at capacity. The subject property is currently zoned R-15 medium density residential. Zoning immediately south and west is a continuation of the R-15, medium density residential. East, across Market Street is commercial property. North of the subject property across Bump Along Road is an existing office and institutional zoning district where Liberty Baptist Church is situated. The district continues northward along Market Street to the intersection of Mendenhall Drive. Therefore the request to to rezone would expand the current office and institutional district boundaries. The subject property is located within the Greenview watershed drainage area which is classified C (Sw). All of Parcel R03600-003-042-005 and the majority of R03600-003-042-004 are located within the Special Highway Overlay District (S.H.O.D.); therefore, both parcels will be subject to the ordinance requirements outlined in Section 59.6. Soil maps indicate borrow pits exist along the northern portion of parcel R0300-003-042-004, adjacent to Bump Along Road. The property also contains Class I Kureb sands, which are suitable for septic tanks with slight limitations and Class III Murville Sands, which have severe limitations and require extensive modification and intensive maintenance. Land Use Plan Considerations: The purpose of the Office and Institutional District shall be to provide areas where institutional uses, professional office uses and other uses compatible to uses of an office or institutional nature shall be encouraged to locate and to provide protection for this type land use from encroachment by other less desirable uses. The district’s principal means of ingress and egress shall be along collector roads, minor arterials, and/or major arterials as designated on the Wilmington Metropolitan Roadway Functional Classification Plan. One of the subject properties meets the intent of this description, while the other relies upon access from two local streets. The 2006 CAMA Land Use Plan adopted policies relating to land use and urban design. Office & Institutional uses are not specifically addressed in the plan. However, Policy 4.3 of the Land Use Plan promotes maximizing effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Historically, the Office & Institutional District has been viewed as a transitional zoning district to separate more intensive commercial uses from nearby residential properties. The adjoining residential uses in this area will be protected by required buffers and increased setbacks along side and rear property boundaries for the non-residential district. A traffic impact analysis (TIA) will be required for any development that generates more than 100 peak hour trips. Staff feels the request for parcel R03600-003-042-005 is clearly consistent with the 2006 CAMA Land Use Plan and the stated intent for such districts in the ordinance. Access to the internal parcel makes it less clearly consistent with the description of the district but may be construed to be reasonable in that the access from Bump Along Road will not directly impact residential properties further west. Access from Raintree Drive through the Brickstone Subdivision will be limited since the right of way has not been paved between these two parcels at this time. Therefore, staff recommends approval. ACTION NEEDED: In accordance with NCGS 153A-341, paragraph 2, “The Planning board shall provide a written recommendation to the board of county commissioners that addresses plan consistency and other matters as deemed appropriately by the Planning board…” 1. Motion to Recommend Approval based on the consistency with the plan and other appropriate matters. 2. Offer Applicant option to Withdraw the Petition (there is a one year waiting period to reapply.) 3. Motion to table or continue the item in order to receive additional information or documentation (Specify). 4. Motion to Recommend Denial based on lack of consistency with adopted plans or determination that the change would not be reasonable or is not in the public interest. Case Z-909 (01/11) Rezone 3.02 acres from R-15 Residential to O&I Office and Institutional Petition Summary Data Parcel ID R03600-003-042-004 & R03600-003-042-005 Owner/Petitioner: Claud O’Shields, Jr. on behalf of Liberty Baptist Church Existing Land Use: R-15-vacant land Zoning History: 8B, July 7, 1972 Land Classification: Transition Water Type : Public Sewer Type: Public Sewer is approximately 440 feet away from parcel R03600-003-042-005. Recreation Area: Ogden Park Access & Traffic Volume: Market Street (urban principle arterial) The ADT on Market Street, slightly North of the proposal between Sweetwater Dr and Market St, have decreased from 38,689 (2009) to 34,850 (2010). Fire District: Ogden Fire Department (OFD) Watershed & Water Quality Classification: Greenview; C: Sw Aquifer Recharge Area: Primary recharge area of principal aquifer 9combined Castle Hayne and Peedee aquifers-confined and artesian). Conservation/Histor ic/Archaeological Resources: Front portion of the property is located in the S.H.O.D. Soils: Borrow Pits; Kureb sands (1-8% Slopes); Murville Fine Sand; Septic Suitability: Kureb sands are identified as Class I and are suitable with slight limitations. Murville fine sands are classified as Class III soils and have severe limitations and require extensive modification and intensive maintenance. Schools: Blair Elementary School 􀁒􀀭􀀱􀀵 􀁒􀀭􀀱􀀵 􀁍􀁁􀁒􀁋􀁅􀁔􀀠􀁓􀁔􀀠􀀠 􀁒􀁁􀁉􀁎􀁔􀁒􀁅􀁅􀀠􀁒􀁄 􀁂􀁕􀁍􀁐􀀠􀁁􀁌􀁏􀁎􀁇􀀠􀁒􀁄􀀠􀀠 􀁈􀀠􀁄􀁒􀀠􀀠 􀁐􀁅􀁎􀁃􀁁􀁄􀁅􀀠􀁒􀁄􀀠􀀠 􀁐􀁒􀁉􀁖􀁁􀁔􀁅􀀠􀀠 􀁒􀀭􀀱􀀵 􀁂􀀭􀀲 􀀠 􀀠 􀁏􀀦􀁉 􀀠 􀁂􀀭􀀲 􀁃􀁄 􀁏􀀦􀁉 􀀠 􀁏􀀦􀁉 􀁃􀁄 2 2 1 3 10 6 11 12 9 7 5 8 4 ® 􀁚􀀭􀀹􀀰􀀹􀀬􀀠􀀱􀀯􀀱􀀱 􀁒􀁥􀁺􀁯􀁮􀁩􀁮􀁧􀀺 􀁒􀁥􀁱􀁵􀁥􀁳􀁴􀀠􀁢􀁹􀀠􀁃􀁬􀁡􀁵􀁤􀀠􀁏􂀙􀁓􀁨􀁩􀁥􀁬􀁤􀁳􀀠􀁯􀁮􀀠􀁢􀁥􀁨􀁡􀁬􀁦 􀁯􀁦􀀠􀁌􀁩􀁢􀁥􀁲􀁴� �􀀠􀁂􀁡􀁰􀁴􀁩􀁳􀁴􀀠􀁃􀁨􀁵􀁲􀁣􀁨􀀠􀁴􀁯􀀠􀁲􀁥􀁺􀁯􀁮􀁥􀀠􀀳􀀮􀀰􀀲􀀠􀁡􀁣􀁲􀁥􀁳􀀠 􀁆􀁲􀁯􀁭􀀠􀁒􀀭􀀱􀀵􀀬􀀠􀁒􀁥􀁳􀁩􀁤􀁥􀁮􀁴􀁩􀁡􀁬􀀠􀁴􀁯􀀠􀁏􀀦􀁉􀀬􀀠􀁏􀁦􀁦􀁩􀁣􀁥􀀠􀀦􀀠􀁉􀁮􀁳􀁴􀁩􀁴􀁵􀁴􀁩􀁯􀁮􀁡􀁬􀀮 􀁌􀁯􀁣􀁡􀁴􀁩􀁯􀁮􀀺􀀠􀁐􀁡􀁲􀁣􀁥􀁬􀀠􀁉􀁄􀁳􀀠􀁒􀀰􀀳􀀶􀀰􀀰􀀭􀀰􀀰􀀳􀀭􀀰􀀴􀀲􀀭􀀰􀀰􀀴􀀠􀀦􀀠􀁒􀀰􀀳􀀶􀀰􀀰􀀭􀀰􀀰􀀳􀀭􀀰􀀴􀀲􀀭􀀰􀀰􀀵 􀁁􀁰􀁰􀁬􀁩􀁣􀁡􀁮􀁴􀀺􀀠􀁃􀁬􀁡􀁵􀁤􀀠􀁏􂀙􀁓􀁨􀁩􀁥􀁬􀁤􀁳􀀠􀁦􀁯􀁲􀀠􀁌􀁩􀁢􀁥􀁲􀁴􀁹􀀠 􀁂􀁡􀁰􀁴􀁩􀁳􀁴􀀠􀁃􀁨􀁵􀁲􀁣􀁨 􀁌􀁥􀁧􀁥􀁮􀁤 Z-909 Special Hwy Overlay Dist. Zoning 0 90 180 Feet 􀁌􀁡􀁢􀁥􀁬 􀁐􀁲􀁯􀁰􀁥􀁲􀁴􀁹􀀠􀁏􀁷􀁮􀁥􀁲􀀠􀁒􀁥􀁣􀁥􀁩􀁶􀁩􀁮􀁧􀀠􀁎􀁯􀁴􀁩􀁦􀁩􀁣􀁡􀁴􀁩􀁯􀁮 􀀱 􀁁􀁌􀁁􀁂􀁁􀁓􀁔􀁅􀁒􀀠􀁍􀁉􀁃􀁈􀁁􀁅􀁌􀀠􀁇􀀠􀁊􀁏􀁙􀁃􀁅􀀠􀁍 􀀲 􀁂􀁁􀁙􀁓􀁈􀁏􀁒􀁒􀁅􀀠􀁅􀁓􀁔􀁁􀁔􀁅􀁓􀀠􀁉􀁎􀁃 􀀳 􀁃􀁁􀁐􀁅􀀠􀁆􀁅􀁁􀁒􀀠􀁐􀁕􀁂􀁌􀁉􀁃􀀠􀁕􀁔􀁉􀁌􀁉􀁔􀁙􀀠􀁁􀁕􀁔􀁈􀁏􀁒􀁉􀁔􀁙 􀀴 􀁄􀁁􀁓􀁊􀁁􀀠􀁉􀁎􀁃􀁏􀁒� �􀁏􀁒􀁁􀁔􀁅􀁄 􀀵 􀁆􀁁􀁚􀁁􀁒􀁒􀁉􀀠􀁁􀁎􀁄􀁒􀁅􀁗􀀠􀁊􀁁􀁎 􀀶 􀁆􀁕􀁒􀁒􀀠􀁊􀁁􀁍􀁅􀁓􀀠􀁓􀀠􀁂􀁁􀁒􀁂􀁁􀁒􀁁􀀠􀁗 􀀷 􀁇􀁏􀁏􀁄􀁍􀁁􀁎􀀠􀁗􀁉􀁌􀁌􀁉􀁁􀁍􀀠􀁑􀀠􀁒􀁏􀁂􀁉􀁎􀀠􀁓 􀀸 􀁇􀁒􀁁􀁔􀁈􀁗􀁏􀁌􀀠􀁁􀁎􀁎􀀠􀁆􀀠􀁌􀁉􀁖􀀠􀁔 􀁒􀀠􀁅􀁔􀁁􀁌 􀀹 􀁋􀁉􀁒􀁎􀁅􀁒􀀠􀁁􀁒􀁔􀁈􀁕􀁒􀀠􀁆􀀠􀁍􀁁􀁒􀁇􀁅􀁒􀁙􀀠􀁌 􀀱􀀰 􀁌􀁉􀁂􀁅􀁒􀁔􀁙􀀠􀁂􀁁􀁐􀁔􀁉􀁓􀁈􀀠􀁃􀁈􀁕􀁒􀁃􀁈􀀠􀁏􀁆􀀠􀁗􀁉􀁌􀁍􀀠􀁉􀁎􀁃 􀀱􀀱 􀁌􀁉􀁂􀁅􀁒􀁔􀁙􀀠􀁂􀁁􀁐􀁔􀁉􀁓􀁈􀀠􀁃􀁈􀁕􀁒􀁃􀁈􀀠􀁏􀁆􀀠� �􀁉􀁌􀁍􀀠􀁉􀁎􀁃 􀀱􀀲 􀁌􀁉􀁂􀁅􀁒􀁔􀁙􀀠􀁂􀁁􀁐􀁔􀁉􀁓􀁔􀀠􀁃􀁈􀁕􀁒􀁃􀁈􀀠􀁏􀁆􀀠􀁗􀁉􀁌􀁍􀀠􀁉􀁎􀁃 Permitted Uses R-15 O&I Agricultural Uses P P Kennels S S Veterinaries S Wholesale Nurseries & Greenhouses P P Commercial Maria with Floating Structures S Commerical Marina S Dry stack storage of boats as accessory to marina S Electric/Gas & Sanitary Services P P Electric Substation S P Railroad Transportation P Telephone & Telegraph Facilities P P Other Communication Facilities Including Towers S S Antenna & Towers Less than 70 Ft. In Height & Ancillary to the Principal Use P P Cellular & PCS Antennas P P Amateur Radio Antennas (up to 90 ft.) P P Convenience Food Store S S Neighborhood Drug Store P Fruit & Vegetable Stand Produced on Same P Parcel as Offered for Sale P Historic Restaurant S Banks, Credit Agencies, Savings & Loans P Barber/Beauty Shop P Bed and Breakfast Inn S Business Services Including Printing P Camping, Travel Trailer Parks S Funeral Home P Golf Courses P Indoor & Outdoor Recreation Establishments S S Parks & Recreation Area P P Stables P Adult Day Care S P Children's Day Care S P Community Center S Hospital S P Nursing Home/Rehabilitation Center S P Residential Care P P Colleges, Universities, Professional Schools & Technical Institutions S P Elementary & Secondary SPchools P P Libraries P P Museums P Churches P P Labor Organizations P Lodges, Fraternal & Social Organizations S P Fraternities/Sororities, Residential P Accessory Buildings or Uses, clearly incidental to the Permitted Use or Building P P Cemetaries S Permitted Uses R-15 O&I Circuses, Carnivals, Fairs & Side Shows of No More than 30 Days Duration Per Year P Community Boating Facility S Private Residential Boating Facility P Demolition-Landscape Landfill P P Duplexes P Evangelistic and religious Assemblies not Conducted at a Church P P Government Offices & Buildings S P High Density Development Permitted Only Within Urban Tranistion Area S S Home Occupation P Mobile Home P Mobile Home, Doublewide P Mobile Home Park (Density shall not exceed 2.5 units beyond Urban Transition area) S Mobile Home Subdivision S Offices for Provate Business & Professional P Outdoor Bazaars excluding Yard Sales P P Pumpkin Sales P Principal Use Sign P Residential Private Pier P Sludge Disposal S Senior Living: Active adult retirement community or Independent Living S S Senior Living: Assisted Living or Personal Care Facility S S Senior Living: Continuing Care Retirement Community of Life Care Community S Single Family Dwelling P P Single Family Dwelling-Attached P P Special Fund raising for Non-Profit Organizations P P Temporary Sign P P Recycling Facilities-Small Collection S S Recycling Facilities-Large Collection S S ITEM 2 PLANNING BOARD CONSIDERATION of the MARKET STREET CORRIDOR STUDY BACKGROUND: The study was provided to you on CDs in September, and the consultants provided a presentation to the City and County Planning Boards on October 26th . At your November 4 meeting, it was decided that the Board would discuss and possibly send forward a recommendation on the study (but not the ordinance portion) at your December meeting. Following discussion at your December 2nd We would anticipate the greatest focus on Chapters 5, 6 and 7. meeting, it was recommended that the vote on recommendation of the Market Street Corridor Study be held as a public comment item at your January 6, 2011 meeting. Staff has not been able to selectively extract materials from the digital plan, so we are simply enclosing the table of contents. Mike Kozlosky, Executive Director of the Wilmington Metropolitan Planning Organization, will attend the meeting to respond to your questions and assist with your discussion. ACTION NEEDED: (choose one) Recommend adoption of the Market Street Corridor Study as a policy guide for development along the corridor. Recommend adoption with changes Do not recommend adoption.