2015-03 March 5 2015 PB Agenda PackageAGENDA
NEW HANOVER COUNTY PLANNING BOARD
New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
New Hanover County Historic Courthouse
EDWARD T. (TED) SHIPLEY III, CHAIRMAN - DONNA GIRARDOT, VICE-CHAIR
LISA MESLER, BOARD MEMBER - TAMARA MURPHY, BOARD MEMBER
ANTHONY PRINZ, BOARD MEMBER - THOMAS (JORDY) RAWL, BOARD MEMBER
DAVID WEAVER, BOARD MEMBER
CHRIS O'KEEFE, PLANNING & INSPECTIONS DIRECTOR - KENNETH VAFIER, PLANNING MGR. .
MARCH 5, 2015 6:00 PM
Call Meeting to Order (Chairman Ted Shipley)
Pledge of Allegiance (Sam Burgess)
Approval of February Meeting Minutes
REGULAR ITEMS OF BUSINESS
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.
1Public Hearing
Special Use Permit Request (S-625, 3/15) - Request by Keresa Anderson-Young to
operate a child care center at her residence at 7245 Savanna Run Loop. The
property is classified as Wetland Resource Protection according to the 2006 CAMA
Land Use Plan.
2Public Hearing
Special Use Permit Request (S-626, 3/15) - Request by Darek Huckbody on behalf
of New Hanover County to operate an indoor recreation use at 1817 Hall Drive. The
property is classified as Transition according to the 2006 CAMA Land Use Plan.
3Public Hearing
Rezoning Request (Z-939, 3/15) - Request by Design Solutions on behalf of multiple
property owners to rezone 12.77 acres from B-2, Highway Business District, and R-
15, Residential District, to (CZD) B-2, Conditional Highway Business Zoning District ,
to develop a commercial shopping center at the 7100 block of Market Street at the
intersection of Middle Sound Loop Road. The property is classified as Transition and
Watershed Resource Protection according to the 2006 CAMA Land Use Plan.
TECHNICAL REVIEW COMMITTEE REPORT
1Technical Review Committee Report For February 2015 (Sam Burgess)
Planning Board - March 5, 2015
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: March 5, 2015
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S):
Brad Schuler, Current Planner
CONTACT(S): Brad Schuler; Ben Andrea, Current Planning/Zoning Supervisor
SUBJECT:
Public Hearing
Special Use Permit Request (S-625, 3/15) - Request by Keresa Anderson-Young to operate a child care
center at her residence at 7245 Savanna Run Loop. The property is classified as Wetland Resource
Protection according to the 2006 CAMA Land Use Plan.
BRIEF SUMMARY:
The property is zoned R-10, Residential. The zoning ordinance requires child care centers obtain a Special
Use Permit when located within the R-10 zoning district. A child care center is an arrangement where, at any
one time, there are three or more preschool-age children or nine or more school-age children receiving care.
The applicant is seeking to provide care for up to 10 preschool-age children.
In addition to the obtaining the Special Use Permit, the North Carolina Department of Health and Human
Services also regulates these facilities and imposes additional standards that address a variety of safety and
health related issues.
The zoning ordinance was amended in late 2013 to make the county's regulations on these facilities more
consistent with the state's regulations.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact.
ACTION NEEDED (Choose one):
1. Motion to recommend Approval (with or without conditions)
ITEM: 1
Planning Board - March 5, 2015
2. Motion to table the item in order to receive additional information or documentation (Specify).
3. Motion to recommend Denial based on specific findings in any of the 4 categories above, such as lack of
consistency with adopted plans or determination that the project will pose public hazards or will not
adequately meet requirements of the ordinance.
Staff suggests the following motion:
Motion to recommend Approval of the Special Use Permit as requested and presented.
ATTACHMENTS:
S-625 Script
S-625 Staff Summary
S-625 Petition Summary
S-625 Neighbor Properties Map
S-625 Zoning-Aerial Map
S-625 CAMA Map
S-625 Water-Sewer Map
Application Materials Cover
Proposed Site Plan Cover
S-625 Proposed Site Plan
S-625 Application
S-625 NCDHHS Building Info
Community Comments Cover
S-625 Neighbor Letter
ITEM: 1
Planning Board - March 5, 2015
SCRIPT FOR Special Use Permit (S-625, 03/15)
Request by Keresa Anderson-Young to operate a child care center at her residence at 7245
Savanna Run Loop.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and
any opponents will each be allowed 15 minutes for their presentation and additional 5
minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. pplicant’AsApresentationA(upAtoA15Aminutes)
c. Opponent’sApresentationA(upAto 15 minutes)
d. pplicant’sAcrossAexamination/rebuttalA(upAtoA5Aminutes)
e. Opponent’sAcrossAexamination/rebuttalA(upAtoA5Aminutes)
3. Close the Public Hearing
4. Planning Board discussion
5. A Special Use Permit which is denied may only be resubmitted if there has been a
substantial change in the facts, evidence, or conditions of the application as determined
by the Planning Director. At this time, you may ask to either continue the application to
a future meeting, or to proceed with this Board deciding whether to grant or deny the
application. What do you wish to do?
6. Ask Applicant whether he/she agrees with staff findings and any proposed conditions.
7. Vote on a recommendation for the special use permit.
Motion to recommend approval of the permit - All findings are positive.
Motion to recommend approval of the permit, subject to conditions specified
below:
(State Conditions)
____________________________________________________________________
____________________________________________________________________
Motion to recommend denial of the permit because the Board cannot find:
a. That the use will not materially endanger the public health or safety if located
where proposed for the following reason:
- 1 - 1ITEM: 1
Planning Board - March 5, 2015
_________________________________________________________________
_________________________________________________________________
b. That the use meets all required condition and specifications:
_________________________________________________________________
_________________________________________________________________
c. That the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity:
_________________________________________________________________
_________________________________________________________________
d. That the location and character of the use if developed according to the plan
submitted and approved will be in harmony with the area in which it is located
and is in general conformity with the plan of development for New Hanover
County:
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
- 1 - 2ITEM: 1
Planning Board - March 5, 2015
S-625, 03/15 Page 1 of 4
SPECIAL USE PERMIT
S-625: Request for a Special Use Permit to operate a child care center in a R-10 zoning
district.
Request By: Keresa Anderson-Young
Location: 7254 Savanna Run Loop
PID: R04400-001-390-000
Summary of Request
The applicant, Keresa Anderson-Young, is requesting a Special Use Permit to operate a child
care center at her residence at 7254 Savanna Run Loop. The site is zoned R-10, Residential
District.
A child care center is an arrangement where, at any one time, there are three or more
preschool-age children or nine or more school-age children receiving child care. The applicant
is seeking to provide care for up to 10 preschool-age children.
The zoning ordinance was amended in late 2013 to modify how child care facilities are
regulated. The purpose of the text amendment wasAtoAmakeAtheAcounty’sAregulationsAmoreA
consistentAwithAtheAstate’sAregulations.A sAaAresult,Atwo uses were created: child care centers
and family care homes. The main differences between the two uses are the number of children
allowed to be cared for, and typically where they are located. A family care home may care for
up to eight children (maximum of two preschool-age children) and are located within a
residence; while a child care center may care for more children and are generally a more
commercially-oriented facility, though they can also locate within a residence provided they do
not care for more than 12 children (per state requirements).
The North Carolina Department of Health and Human Services (NC DHHS) regulates these
facilities and imposes additional standards that address a variety of safety and health related
issues. In addition to obtaining the SUP, the applicant must also obtain approval from NC DHHS
prior to operating a child care center. Please note that the NC DHHS may further limit the
number of children allowed to be cared for, depending on the design of the residence.
Included in the packet is information on the building standards required by NC DHHS. For more
informationAonAtheAstate’sAchildAcareAstandards, please visit:
http://ncchildcare.nc.gov/providers/pv_sn2_rcc.asp
Another item addressed in the 2013 text amendment was required parking improvements for
these facilities. Previously, the same parking improvements for commercial businesses were
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Planning Board - March 5, 2015
S-625, 03/15 Page 2 of 4
required for these facilities. However, the text
amendment reduced those required
improvements after the county received
consistent concern from the adjacent and
neighboring property owners. While the
neighbors generally supported the business, they
did not support the parking improvements,
which can transform the character of a
residential property to more commercially
natured. Since the amendment, staff has
allowed the required parking to be located
within the driveway of the subject property.
In this application, the applicant is required to
have four parking spaces. Two spaces are
required are the single-family dwelling, and two
spaces are required for the child care center.
Two spaces are generally a sufficient amount as
the parking is very short term and staggered
during the pick-up and drop-off times. The
applicant has provided pictures, and staff prepared a site plan in conjunction with the applicant
illustrating that four parking spaces are available within the existing driveway.
The parcels immediately surrounding the site contain predominately single-family residential
with many subdivisions within the area. The property is located within Park Ridge at Westbay
Estates subdivision, and to the north are Putnam Run at Westbay Estates and Alamosa
subdivisions. South of the property is Ogden Park.
- 2 - 2ITEM: 1
Planning Board - March 5, 2015
S-625, 03/15 Page 3 of 4
Preliminary Staff Findings of Fact
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. The use is subject to additional health and safety standards imposed by the North
Carolina Department of Health and Human Services.
B. The subject property is located in the New Hanover County North Fire Service District.
C. The property can accommodate the required amount of off street parking, which is two
spaces for the single-family dwelling, and two spaces for the child care center.
D. The subject site does not host any known cultural or archaeological resources.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not
materially endanger the public health or safety where proposed.
Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Child care centers are allowed by Special Use Permit in the R-10 zoning district.
B. The property complies with the off street parking requirements of Article VIII of the
zoning ordinance.
Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of
the required conditions and specifications of the Zoning Ordinance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The subject property is zoned R-10.
B. Child Care Centers are permitted by Special Use Permit in the R-10 zoning district.
C. The subject site is completely surrounded by residential uses; outdoor improvements
for the Child Care Center will be limited to demarcating to existing off-street parking
spaces and the installation of a fence, in harmony with the residential community.
D. The North Carolina Department of Health and Human Services limits the number of
children that can be cared for at a Child Care Center located in a residential dwelling to
12 children.
E. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
- 2 - 3ITEM: 1
Planning Board - March 5, 2015
S-625, 03/15 Page 4 of 4
Finding 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for New Hanover
County.
A. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the property
as Wetland Resource Protection, and the proposal is not in conflict with the intent of
the Wetland Resource Protection land use classification, and additionally, not in conflict
with any other policy of the 2006 CAMA Land Use Plan.
B. The use will comply with Policy 4.3 of the 2006 CAMA Land Use Plan which calls for
having commercial uses in close proximity to the markets they serve and to ensure that
such commercial uses do no diminish the quality of life in residential areas.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is general
conformity with the plan of development for New Hanover County.
SUMMARY
Staff concludes that the applicant has demonstrated that the proposal complies with the
findings of fact specified in Section 71 of the Ordinance. Staff also concludes that, with the
information submitted, the applicant has demonstrated that the proposal is not in conflict with
the management strategy for the Wetland Resource Protection land use classification, and not
in conflict with any other policies of the CAMA Land Use Plan.
Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and
findings of fact.
ACTION NEEDED (Choose one):
1. Motion to recommend Approval (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation
(Specify).
3. Motion to recommend Denial based on specific findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that the
project will pose public hazards or will not adequately meet requirements of the
ordinance.
Staff suggests the following motion:
Motion to recommend Approval of the Special Use Permit as requested and presented.
- 2 - 4ITEM: 1
Planning Board - March 5, 2015
S-625, 3/15 Page 1 of 1
Case S-625, (3/15)
Special Use Permit request to operate a child care center in a R-10 zoning district
Petition Summary Data
Parcel Location & Acreage: 7245 Savanna Run Loop, 0.21 acres
Petitioner/Owner: Keresa Anderson-Young
Delton Yong
Existing Land Use: Single-Family Dwelling
Zoning History: Initially zoned R-15 via Area 8B (July 7, 1972)
Area rezoned to R-10 on June 5, 1995 (Z-535).
Land Classification: Wetland Resource Protection
Water Type: Public
Sewer Type: Public
Recreation Area: Ogden Park
Access: Access provided by Savanna Run Loop, which connects into Putnam
Drive
Fire District: New Hanover County North
Watershed & Water Quality
Classification: Smith Creek (C;Sw)
Conservation/Historic/
Archaeological Resources: None
Soils and Septic Suitability: Murville Fine Sand (Mu) – Severe: Wetness/Flooding
Schools: Castle Hayne Elementary, Trask Middle, Laney High
- 3 - 1ITEM: 1
Planning Board - March 5, 2015
94
95
95
81
80
19
82
19
0
4
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2
3
68
1
43
77
44
45
78
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93
74
69
38
70
34
71
32
72
35
2673
41 40
39
36
33
20
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31
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25
75
18
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42
67
49
10
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91
92
82
PUTNAM DR
COPPERFIELD CT
CHIPLEY DR
ASHBY DR
BRADFIELD CT
VERONA DR
MONTEGO CT
BRODICK CT
BROOKBEND DR OBAN CT
NORDIC DR
RIVIERA DR
MASS AVE
MEDALLION PL
CULLODEN CT
FOXFIELD CT
SUN COAST DR
SAVANNA RUN LP
LENDIRE RD
WHITTLE CT
T E N B Y C T
SAGINAW CT
310Feet
Parcels within 500 Feet of Case Site
3/5/2015
Applicant:Case:Review Board:Planning BoardSpecial Use PermitRequest:Notes:S-625 Child Care Center
Date:
Existing Zoning/Use: R - 10
Kerasa Anderson-Young Proposed:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
PUTNAM DR
SAVANNA RUN LP
COPPERFIELD CT BROOKBEND DR MASS AVE Zoning
S-625
®HNC
Site Address:7245 Savanna Run LoopWilmington, NC, 28411PID: R04400-001-390-000
Neighboring Parcels
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!!!!!!!!!
Case Site
IDPHYS ADDIDPHYS ADD1 422 PUTNAM DR WILMINGTON48458 6/1 PUTNAM DR WILMINGTON2 423 PUTNAM DR WILMINGTON49446 9/1 PUTNAM DR WILMINGTON3 PUTNAM DR WILMINGTON50438 PUTNAM DR WILMINGTON4 415 PUTNAM DR WILMINGTON51426 PUTNAM DR WILMINGTON5 411 PUTNAM DR WILMINGTON52450 PUTNAM DR WILMINGTON6 447 48/1 PUTNAM DR WILMINGTON53430 13/1 PUTNAM DR WILMINGTON7 451 PUTNAM DR WILMINGTON54454 7/1 PUTNAM DR WILMINGTON8 443 47/1 PUTNAM DR WILMINGTON557200 4/1 COPPERFIELD CT WILMINGTON9 435 PUTNAM DR WILMINGTON56543 BROOKBEND DR WILMINGTON10 427 43/1 PUTNAM DR WILMINGTON57609 BROOKBEND DR WILMINGTON11 455 PUTNAM DR WILMINGTON58539 BROOKBEND DR WILMINGTON12 431 44/1 PUTNAM DR WILMINGTON59621 BROOKBEND DR WILMINGTON13 439 46/1 PUTNAM DR WILMINGTON60633 120/3 BROOKBEND DR WILMINGTON14 459 PUTNAM DR WILMINGTON61625 BROOKBEND DR WILMINGTON15 COPPERFIELD CT WILMINGTON62613 BROOKBEND DR WILMINGTON16 425 RIVIERA DR WILMINGTON63605 BROOKBEND DR WILMINGTON17 429 RIVIERA DR WILMINGTON64617 BROOKBEND DR WILMINGTON18 433 RIVIERA DR WILMINGTON65601 BROOKBEND DR WILMINGTON19 SAVANNA RUN LP WILMINGTON66629 BROOKBEND DR WILMINGTON20 422 RIVIERA DR WILMINGTON67418 PUTNAM DR WILMINGTON21 426 RIVIERA DR WILMINGTON687168 SAVANNA RUN LP WILMINGTON22 430 RIVIERA DR WILMINGTON697171 SAVANNA RUN LP WILMINGTON23 7278 SAVANNA RUN LP WILMINGTON707201 SAVANNA RUN LP WILMINGTON24 434 RIVIERA DR WILMINGTON717205 SAVANNA RUN LP WILMINGTON25 7274 SAVANNA RUN LP WILMINGTON727206 SAVANNA RUN LP WILMINGTON26 438 RIVIERA DR WILMINGTON737209 SAVANNA RUN LP WILMINGTON27 7270 SAVANNA RUN LP WILMINGTON74442 RIVIERA DR WILMINGTON28 7266 SAVANNA RUN LP WILMINGTON757212 SAVANNA RUN LP WILMINGTON29 7277 SAVANNA RUN LP WILMINGTON767213 SAVANNA RUN LP WILMINGTON30 7262 SAVANNA RUN LP WILMINGTON777217 SAVANNA RUN LP WILMINGTON31 7258 SAVANNA RUN LP WILMINGTON787222 SAVANNA RUN LP WILMINGTON32 7273 SAVANNA RUN LP WILMINGTON797221 SAVANNA RUN LP WILMINGTON33 7252 SAVANNA RUN LP WILMINGTON80NORDIC DR WILMINGTON34 7246 SAVANNA RUN LP WILMINGTON81NORDIC DR WILMINGTON35 7269 SAVANNA RUN LP WILMINGTON82COPPERFIELD CT WILMINGTON36 7265 SAVANNA RUN LP WILMINGTON837208 COPPERFIELD CT WILMINGTON37 7261 SAVANNA RUN LP WILMINGTON847204 3/1 COPPERFIELD CT WILMINGTON38 7225 SAVANNA RUN LP WILMINGTON857146 COPPERFIELD CT WILMINGTON39 7257 SAVANNA RUN LP WILMINGTON867150 54/1 COPPERFIELD CT WILMINGTON40 7253 SAVANNA RUN LP WILMINGTON877122 COPPERFIELD CT WILMINGTON41 7229 SAVANNA RUN LP WILMINGTON887126 COPPERFIELD CT WILMINGTON42 7249 SAVANNA RUN LP WILMINGTON897130 COPPERFIELD CT WILMINGTON0 7245 SAVANNA RUN LP WILMINGTON907134 COPPERFIELD CT WILMINGTON43 7241 SAVANNA RUN LP WILMINGTON917138 COPPERFIELD CT WILMINGTON44 7237 SAVANNA RUN LP WILMINGTON927142 COPPERFIELD CT WILMINGTON45 7233 SAVANNA RUN LP WILMINGTON937172 SAVANNA RUN LP WILMINGTON46 434 12/1 PUTNAM DR WILMINGTON94MASS AVE WILMINGTON47 442 PUTNAM DR WILMINGTON95COPPERFIELD CT WILMINGTON
- 4 - 1
ITEM: 1
Planning Board - March 5, 2015
PUTNAM DR
COPPERFIELD CT
CHIPLEY DR
ASHBY DR
BRADFIELD CT
VERONA DR
MONTEGO CT
BRODICK CT
BROOKBEND DR OBAN CT
NORDIC DR
RIVIERA DR
MASS AVE
MEDALLION PL
CULLODEN CT
FOXFIELD CT
SUN COAST DR
SAVANNA RUN LP
LENDIRE RD
WHITTLE CT
T E N B Y C T
SAGINAW CT
310Feet
3/5/2015
Applicant:Case:Review Board:Planning BoardSpecial Use PermitRequest:Notes:S-625 Child Care Center
Date:
Existing Zoning/Use: R - 10
Kerasa Anderson-Young Proposed:
PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC
Site Address:7245 Savanna Run LoopWilmington, NC, 28411PID: R04400-001-390-000
Zoning Legend
A-I
AR
B-1
B-2
EDZD
I-2
O&I
PD
R-15
R-20
RA
SC
Incorporated Areas
SHOD
R-10
RFMU
R-7
R-20S
CZD
I-1
See Section 59.4 of the Zoning OrdinanceCOD
S-625
- 5 - 1
ITEM: 1
Planning Board - March 5, 2015
Wetland Resource Protection Area
PUTNAM DR
COPPERFIELD CT
CHIPLEY DR
ASHBY DR
BRADFIELD CT
VERONA DR
MONTEGO CT
BRODICK CT
BROOKBEND DR OBAN CT
NORDIC DR
RIVIERA DR
MASS AVE
MEDALLION PL
CULLODEN CT
FOXFIELD CT
SUN COAST DR
SAVANNA RUN LP
LENDIRE RD
WHITTLE CT
T E N B Y C T
SAGINAW CT
310Feet
3/5/2015
Applicant:Case:Review Board:Planning BoardSpecial Use PermitRequest:Notes:S-625 Child Care Center
Date:
Existing Zoning/Use: R - 10
Kerasa Anderson-Young Proposed:
PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC
Site Address:7245 Savanna Run LoopWilmington, NC, 28411PID: R04400-001-390-000
Natual Heritage Resource Protection Area
Conservation Area
Watershed Resource Protection
Wetland Resource Protection Area
Urban
Transition
Community
Rural
S-625
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ITEM: 1
Planning Board - March 5, 2015
PUTNAM DR
COPPERFIELD CT
CHIPLEY DR
ASHBY DR
BRADFIELD CT
VERONA DR
MONTEGO CT
BRODICK CT
BROOKBEND DR OBAN CT
NORDIC DR
RIVIERA DR
MASS AVE
MEDALLION PL
CULLODEN CT
FOXFIELD CT
SUN COAST DR
SAVANNA RUN LP
LENDIRE RD
WHITTLE CT
T E N B Y C T
SAGINAW CT
310Feet
3/5/2015
Applicant:Case:Review Board:Planning BoardSpecial Use PermitRequest:Notes:S-625 Child Care Center
Date:
Existing Zoning/Use: R - 10
Kerasa Anderson-Young Proposed:
PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC
Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information
Site Address:7245 Savanna Run LoopWilmington, NC, 28411PID: R04400-001-390-000
Sewer Collector
Water Distribution Main
Urban Services Area
S-625
MAR KET ST
^
I-140
I-140
I-40
RIVER RD
US HWY 421
CAROLINA BEACH
SID BU R Y R D
MARKET ST
CASTLE HAYNE RD BLUE CLAY RD
COLLEGE RD S
H O LL Y S H E L T E R R D
OLEANDER DR
EASTWOOD RD
SHIPYA RD BLV
I-40 E
RIVER RD
DOW RD S
WHITE RD BEACH RD S
*Site In USB*
Urban Services Area
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APPLICANT
MATERIALS
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PROPOSED
SITE PLAN
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Planning Board - March 5, 2015
Minimum Parking SpaceDimensions: 8.5' x 18'
SAVANNA RUN
0204010 Feet 1 inch = 20 feet
Driveway Width:Approx. 18'
Driveway Length:Approx. 37-46'
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BASIC INFORMATION FOR POTENTIAL PROVIDERS
2011 6
Building
At least 25 square feet of indoor space per child is required.
At least 75 square feet of fenced outdoor play space per child is required.
The building must meet current building, sanitation, and fire code requirements and be located in an area free of hazards.
Centers may use domestic kitchen equipment if it meets heating, cooling, and storing requirements as determined by the Division of Environment and Natural Resources.
Plans and specifications for new construction or modifications to any existing or proposed child care centers must be submitted to the local health department and building inspector for review and approval prior to beginning construction. A floor plan must also be submitted to the Division of Child Development and Early Education child care consultant.
The outdoor play area must be free of equipment, litter, animals or other objects that may be hazardous to the children.
Playground equipment must meet all applicable requirements.
Equipment and Furnishings
An adequate supply of diapers, clean linens, and an individual bed, cot or mat for each child must be provided.
Child-size furnishings must be provided and kept in good repair.
The practice of specific safety precautions is required in the center.
Hazardous items, materials, and equipment may be used by children only under adult supervision.
Firearms and other weapons on the premises must be secured so that they are inaccessible to the children.
There must be a working telephone on the premises, which is always accessible to caregiving staff.
Nutrition
Nutritious meals and snacks which contain the food groups outlined in the Meal Patterns for Children in Child Care must be provided.
The number and size of servings must be appropriate for the age and developmental level of the child.
Arrangements must be made for special diets.
Menus must be planned a week in advance and posted.
Individual written feeding schedules must be followed for children under 15 months of age.
Attachment
NC DHHS Building Requirements
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COMMUNITY
COMMENTS
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NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: March 5, 2015
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S):
Brad Schuler, Current Planner
CONTACT(S): Brad Schuler; Ben Andrea, Current Planning/Zoning Supervisor
SUBJECT:
Public Hearing
Special Use Permit Request (S-626, 3/15) - Request by Darek Huckbody on behalf of New Hanover
County to operate an indoor recreation use at 1817 Hall Drive. The property is classified as Transition
according to the 2006 CAMA Land Use Plan.
BRIEF SUMMARY:
The site is located on a 1,338 acre parcel where the Wilmington International Airport is located and is zoned
AI, Airport Industrial. The zoning ordinance requires indoor recreation uses obtain a Special Use Permit
when located within the AI zoning district. The applicant is proposing to operate a laser tag business. The
proposed use will occupy a portion of an existing building, however the applicant has requested that the SUP
application include the entire building so that the business may expand into the remaining portions of the
building without having to modify the SUP.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Enhance and add recreational, cultural and enrichment amenities
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact.
ACTION NEEDED (Choose one):
1. Motion to recommend Approval (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation (Specify).
ITEM: 2
Planning Board - March 5, 2015
3. Motion to recommend Denial based on specific findings in any of the 4 categories above, such as lack of
consistency with adopted plans or determination that the project will pose public hazards or will not
adequately meet requirements of the ordinance.
Staff suggests the following motion:
Motion to Approve the Special Use Permit application with the following conditions:
1. Prior to any initiation or expansion of an indoor recreation use, a zoning review must be conducted to
ensure compliance with any applicable regulations in existence at that time.
ATTACHMENTS:
S-626 Script
S-626 Staff Summary
S-626 Petition Summary
S-626 Neighbor Properties Map
S-626 Zoning-Aerial Map
S-626 CAMA Map
S-626 Water-Sewer Map
S-626 Applicant Materials Cover
S-626 Application
Site Plan Cover
S-626 Proposed Site Plan
ITEM: 2
Planning Board - March 5, 2015
SCRIPT FOR Special Use Permit (S-626, 03/15)
Request by Darek Huckbody on behalf of New Hanover County to operate an indoor
recreation use at 1817 Hall Drive.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and
any opponents will each be allowed 15 minutes for their presentation and additional 5
minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. pplicant’AsApresentationA(upAtoA15Aminutes)
c. Opponent’sApresentationA(upAto 15 minutes)
d. pplicant’sAcrossAexamination/rebuttalA(upAtoA5Aminutes)
e. Opponent’sAcrossAexamination/rebuttalA(upAtoA5Aminutes)
3. Close the Public Hearing
4. Planning Board discussion
5. A Special Use Permit which is denied may only be resubmitted if there has been a
substantial change in the facts, evidence, or conditions of the application as determined
by the Planning Director. At this time, you may ask to either continue the application to
a future meeting, or to proceed with this Board deciding whether to grant or deny the
application. What do you wish to do?
6. Ask Applicant whether he/she agrees with staff findings and any proposed conditions.
7. Vote on a recommendation for the special use permit.
Motion to recommend approval of the permit - All findings are positive.
Motion to recommend approval of the permit, subject to conditions specified
below:
(State Conditions)
____________________________________________________________________
____________________________________________________________________
Motion to recommend denial of the permit because the Board cannot find:
a. That the use will not materially endanger the public health or safety if located
where proposed for the following reason:
- 1 - 1ITEM: 2
Planning Board - March 5, 2015
_________________________________________________________________
_________________________________________________________________
b. That the use meets all required condition and specifications:
_________________________________________________________________
_________________________________________________________________
c. That the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity:
_________________________________________________________________
_________________________________________________________________
d. That the location and character of the use if developed according to the plan
submitted and approved will be in harmony with the area in which it is located
and is in general conformity with the plan of development for New Hanover
County:
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
- 1 - 2ITEM: 2
Planning Board - March 5, 2015
S-626, 03/15 Page 1 of 5
SPECIAL USE PERMIT
S-626: Request for a Special Use Permit to operate an indoor recreation use in an AI
zoning district.
Request By: Darek Huckbody on behalf of New Hanover County
Location: 1817 Hall Drive
PID: R04200-001-025-000
Summary of Request
The applicant, Darek Huckbody, is requesting a Special Use Permit to operate an outdoor
recreation use at 1817 Hall Drive. The site is zoned AI, Airport Industrial, and is located on the
same parcel as the Wilmington International Airport. The New Hanover County Airport
Authority has a long term lease with New Hanover County of all airport property. This includes
the subject property and the building where the proposed business would be located.
The indoor recreation use being proposed is a laser tag business. Specifically, the applicant
states that the business is “an indoor, climate controlled, gaming facility that offers a
sophisticated form of entertainment and exercise.”
The proposed use will occupy 10,263 square feet of a 20,600 square foot building. It will consist
of approximately 8,880 square feet for recreation purposes and 1,500 square feet for
administrative purposes. The business plans on using a maximum of around 40 parking spaces
to accommodate both staff and customers.
Proposed Interior Layout
- 2 - 1ITEM: 2
Planning Board - March 5, 2015
S-626, 03/15 Page 2 of 5
While the current proposal is seeking to use just a portion of the building, the applicant has
requested that the SUP application include the entire building so that the business may expand
into the remaining portions of the building without having to modify the SUP. Please note that
as SUPs run with the land and not with the applicant, if this application is approved any indoor
recreation use would be allowed to occupy the building. Staff is recommending a condition be
placed on the permit that clarifies any initiation or expansion of an indoor recreation use must
still undergo an official review to verify compliance with the applicable standards of the zoning
ordinance.
Site Layout
The site is located on a 1,338 parcel where the Wilmington International Airport in located.
That parcel and the surrounding area are zoned AI, Airport Industrial. The closest residential
property is approximately 1,750 feet from the proposed location of the indoor recreation use.
The site is accessed from both Hall Drive (SR 1386) and Trask Drive (SR 1312). Hall Drive
connects directly into Blue Clay Road, approximately one half mile north of 23rd Street.
- 2 - 2ITEM: 2
Planning Board - March 5, 2015
S-626, 03/15 Page 3 of 5
Preliminary Staff Findings of Fact
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. The subject property is located in the New Hanover County North Fire Service District.
B. The subject site does not host any known cultural or archaeological resources.
C. The use will comply with the use restrictions stated in the Wilmington International
Airport Height Restriction Ordinance; specifically it should not endanger or interfere
with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not
materially endanger the public health or safety where proposed.
Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Indoor recreation uses are allowed by Special Use Permit in the AI zoning district.
B. Section 72-36(1) requires indoor recreation uses have adequate buffers provided which
screen adjoining residential uses from the effects of light and noise generated on the
site. The closest residential property is approximately 1,750 feet away from the
proposed use. The proposed use is also indoors and will not increase the amount of
light or noise generated on the site.
C. Section 72-36(2) requires indoor recreation uses have all buildings set back from the
right-of-way at least 50 feet and 100 feet if the site is in the Special Highway Overlay
District. The existing building is set back 50 feet from the Hall Drive right-of-way and 79
feet from the Trask Drive right-of-way. The site is not in the Special Highway Overlay
District.
D. Section 72-36(3) requires indoor recreation uses be limited to one ground sign not to
exceed 32 square feet and be setback from the right-of-way at least 25 feet. Any
proposed signage must obtain a sign permit and comply with this standard.
E. Section 72-36(4) requires indoor recreation uses to access a US or NC numbered road or
to a collector road as designated on the New Hanover Thoroughfare Classification Plan.
Hall Drive (SR 1386) and Trask Drive (SR 1312) are NC numbered roads and provide
access to the site.
F. Section 72-36(5) requires indoor recreation uses to comply with other conditions
deemed by the Commissioners necessary to promote the health, safety and welfare of
the community.
G. Section 80-7 allows for the off-street parking requirements for indoor recreation uses be
interpreted by the administrator of the Zoning Ordinance upon the recommendation of
the Planning and Inspections Department, based upon requirements for similar uses, if
any. The applicant has provided documentation that the existing parking is sufficient to
support the 10,263 square feet of indoor recreation. Any other initiation or expansion
- 2 - 3ITEM: 2
Planning Board - March 5, 2015
S-626, 03/15 Page 4 of 5
of indoor recreation uses will be reviewed for compliance with the parking standards of
the zoning ordinance.
Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of
the required conditions and specifications of the Zoning Ordinance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The location of the proposed indoor recreation use is within an area zoned for industrial
uses and airport operations.
B. The closest residential property is approximately 1,750 feet away from the proposed
indoor recreation use.
C. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
Finding 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for New Hanover
County.
A. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the property
as Transition, and the proposal is not in conflict with the intent of the Transition land
use classification, and additionally, not in conflict with any other policy of the 2006
CAMA Land Use Plan.
B. The use will comply with the use restrictions stated in the Wilmington International
Airport Height Restriction Ordinance; specifically it should not endanger or interfere
with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is general
conformity with the plan of development for New Hanover County.
SUMMARY
Staff concludes that the applicant has demonstrated that the proposal complies with the
findings of fact specified in Section 71 of the Ordinance. Staff also concludes that, with the
information submitted, the applicant has demonstrated that the proposal is not in conflict with
the management strategy for the Transition land use classification, and not in conflict with any
other policies of the CAMA Land Use Plan.
- 2 - 4ITEM: 2
Planning Board - March 5, 2015
S-626, 03/15 Page 5 of 5
Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and
findings of fact.
ACTION NEEDED (Choose one):
1. Motion to recommend Approval (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation
(Specify).
3. Motion to recommend Denial based on specific findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that the
project will pose public hazards or will not adequately meet requirements of the
ordinance.
Staff suggests the following motion:
Motion to Approve the Special Use Permit application with the following conditions:
1. Prior to any initiation or expansion of an indoor recreation use, a zoning review must
be conducted to ensure compliance with any applicable regulations in existence at
that time.
- 2 - 5ITEM: 2
Planning Board - March 5, 2015
S-626, 3/15 Page 1 of 1
Case S-626, (3/15)
Special Use Permit request to operate an indoor recreation use in an A-I zoning district
Petition Summary Data
Parcel Location & Acreage: 1817 Hall Drive, 1338 acres; use will occupy 10,264 square feet of an
existing, approximately 20,000 square foot building
Petitioner/Owner: Darek Huckbody
Existing Land Use: Office Building
Zoning History: Initially zoned A-I via Area Airport (October 4, 1976)
Land Classification: Transition
Water Type: Public
Sewer Type: Public
Recreation Area: Optimist Park
Access: Access provided by Hall Drive, which connects into Blue Clay Road
Fire District: New Hanover County North
Watershed & Water Quality
Classification: Smith Creek (C;Sw)
Conservation/Historic/
Archaeological Resources: None
Soils and Septic Suitability: Pantego Loam (Pn) – Severe: Wetness
Leon Sand (Le) – Severe: Wetness
Schools: Wrightsboro Elementary, Holly Shelter Middle, New Hanover High
- 3 - 1ITEM: 2
Planning Board - March 5, 2015
1902
1904
1817
HALL DR
TRASK DR
GARDNER DR
F L IG H T L I N E R D
A N N A P E N N I N G T O N L N
175Feet
Parcels within 500 Feet of Case Site
3/5/2015
Applicant:Case:Review Board:Planning BoardSpecial Use PermitRequest:Notes:S-626 Indoor & OutdoorGaming
Date:
Existing Zoning/Use: A-I
Dereck HuckbodyBattle House Proposed:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
HAL L DR
TRASK DR
GARDNER DR
F L IG H T L IN E R D
Zoning
S-626
®HNC
Site Address:
1817 Hall DrPID: R04200-001-025-000
Neighboring Parcels
!
!
!
!!!!!!!!
!
!
!!!!!!!!!
Case Site
Addresses within 500 ft of building
0 1
2
IDPhysical Address0 1817 Hall Dr Wilmington1 1904 Trask Dr Wilmington2 1902 Trask Dr Wilmington
- 4 - 1
ITEM: 2
Planning Board - March 5, 2015
HALL DR
TRASK DR
GARDNER DR
F L IG H T L I N E R D
A N N A P E N N I N G T O N L N
175Feet
3/5/2015
Applicant:Case:Review Board:Planning BoardSpecial Use PermitRequest:Notes:S-626 Indoor & OutdoorGaming
Date:
Existing Zoning/Use: A-I
Dereck HuckbodyBattle House Proposed:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
®HNC
Site Address:
1817 Hall DrPID: R04200-001-025-000
Zoning Legend
A-I
AR
B-1
B-2
EDZD
I-2
O&I
PD
R-15
R-20
RA
SC
Incorporated Areas
SHOD
R-10
RFMU
R-7
R-20S
CZD
I-1
See Section 59.4 of the Zoning OrdinanceCOD
S-626
- 5 - 1
ITEM: 2
Planning Board - March 5, 2015
Transition
HALL DR
TRASK DR
GARDNER DR
F L IG H T L I N E R D
A N N A P E N N I N G T O N L N
175Feet
3/5/2015
Applicant:Case:Review Board:Planning BoardSpecial Use PermitRequest:Notes:S-626 Indoor & OutdoorGaming
Date:
Existing Zoning/Use: A-I
Dereck HuckbodyBattle House Proposed:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
®HNC
Site Address:
1817 Hall DrPID: R04200-001-025-000
Natual Heritage Resource Protection Area
Conservation Area
Watershed Resource Protection
Wetland Resource Protection Area
Urban
Transition
Community
Rural
S-626
- 6 - 1
ITEM: 2
Planning Board - March 5, 2015
HALL DR
TRASK DR
GARDNER DR
F L IG H T L I N E R D
A N N A P E N N I N G T O N L N
175Feet
3/5/2015
Applicant:Case:Review Board:Planning BoardSpecial Use PermitRequest:Notes:S-626 Indoor & OutdoorGaming
Date:
Existing Zoning/Use: A-I
Dereck HuckbodyBattle House Proposed:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
®HNC
Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information
Site Address:
1817 Hall DrPID: R04200-001-025-000
Sewer Collector
Water Distribution Main
Urban Services Area
S-626
- 7 - 1
ITEM: 2
Planning Board - March 5, 2015
APPLICANT
MATERIALS
- 8 - 1ITEM: 2
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Planning Board - March 5, 2015
- 9 - 3ITEM: 2
Planning Board - March 5, 2015
- 9 - 4ITEM: 2
Planning Board - March 5, 2015
- 9 - 5ITEM: 2
Planning Board - March 5, 2015
- 9 - 6ITEM: 2
Planning Board - March 5, 2015
Narrative - Battle House
“Battle House” – Tactical Laser Tag is an expansion of my father’s start-up business Battle House
located in Lake Burrington, IL. Battle House is an in door, climate controlled, gaming facility that offers a
sophisticated form of entertainment and exercise. Battle House will be modeled after IL location, but on
a smaller scale, and will offer its customers an in intense form of recreation and team building that utilizes
the latest generation in tactical laser equipment with weapons that are modeled after and use technology
developed and adapted from military combat training. Mission based laser tag is heart-pounding,
adrenaline-pumping game, in which strategy, team work and luck are critical to your team’s success.
Our Facility plan is to use the 10,300 sf as approximately 1,500 sf for administrative area and
approximately 8,800 sf as gaming area. THe administrative area will provide a comfortable lounge and
viewing area to rest, enjoy refreshments, relax and share the experiences of the day. Large screen
TVs will play / re-play videos of the customers gaming experience. A conference room and party room,
available for corporate and other team building discussions, or birthday parties and catering can be
arranged by our staff. The gaming area will provide for multiple mission scenarios, and include the
existing rooms along with a plan to add three, two story buildings to give the games a three dimensional
aspect.
Hours of Operation provide year round access to a complex, multi-dimensional mission scenario. A
new game will begin every hour and 45 minutes and will consist of a 15 minute safety/equipment briefing
and 1 hour and 30 minutes of game play. Customers should arrive 15 minutes prior to their desired start
time for registration. Private Events are available between on a scheduled basis every day of the week.
Hours listed below are planned open times. This will be expanded as customer volumes increase.
Summer ScheduleWinter Schedule
Monday / Tuesday12:00 p.m. to 9:00 p.m.Private Events Only
Wednesday / Thursday12:00 p.m. to 9:00 p.m.4:00 p.m. to 9:00 p.m.
Friday10:30 a.m. to 9:00 p.m.4:00 p.m. to 9:00 p.m.
Saturday10:30 a.m. to 10:00 p.m.10:30 a.m. to 10:00 p.m.
Sunday11:00 p.m. to 7:30 p.m.11:00 a.m. to 7:30 p.m.
Our Capacity is moderate with only one mission scenario that can accommodate 10 to 35 players at one
time. Start times will be every hour and 45 minutes.
Employees during a normal day we will have approximately four to seven employees working at the
facility at one time.
Parking. Our business planning estimate for parking is as a maximum parking required of about 40
parking spaces. However, we anticipate less of a parking need than this using about 18 spaces that one
time. The majority of our customers will most likely carpool, be dropped off by their parents, or arrive as
a group. Based on the parking need we have seen at the IL location which see groups of 55 to 70 people
in the facility and only using around 23 spaces, so 3 people per parking space.
Our entire business plan is geared towards our customers having fun. We plan to target teens and young
adults. High school sports teams, church youth groups, local business, and visitors to our area.
- 9 - 7ITEM: 2
Planning Board - March 5, 2015
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Planning Board - March 5, 2015
- 9 - 9ITEM: 2
Planning Board - March 5, 2015
- 9 - 10ITEM: 2
Planning Board - March 5, 2015
PROPOSED
SITE PLAN
- 10 - 1ITEM: 2
Planning Board - March 5, 2015
- 10 - 2ITEM: 2
Planning Board - March 5, 2015
- 11 - 1ITEM: 2
Planning Board - March 5, 2015
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: March 5, 2015
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S):
Ben Andrea, Current Planning/Zoning Supervisor
CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning/Inspections
Director
SUBJECT:
Public Hearing
Rezoning Request (Z-939, 3/15) - Request by Design Solutions on behalf of multiple property owners to
rezone 12.77 acres from B-2, Highway Business District, and R-15, Residential District, to (CZD) B-2,
Conditional Highway Business Zoning District , to develop a commercial shopping center at the 7100
block of Market Street at the intersection of Middle Sound Loop Road. The property is classified as
Transition and Watershed Resource Protection according to the 2006 CAMA Land Use Plan.
BRIEF SUMMARY:
After solicitation, comments were received by Staff from outside agencies that warrant design changes to the
project that could not be completed in time for the March Planning Board meeting. Understanding the time
constraint, the Petitioner has requested that the item be continued until the April 2, 2015 Planning Board
meeting.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
At this time, Staff recommends a motion to continue the rezoning request to the April 2, 2015 meeting per
the Petitioner's request.
ATTACHMENTS:
Z-939 Staff Memo
Z-939 Continuance Request
ITEM: 3
Planning Board - March 5, 2015
NEW HANOVER COUNTY
PLANNING & INSPECTIONS DEPARTMENT
230 GOVERNMENT CENTER DRIVE, SUITE 110
WILMINGTON, NORTH CAROLINA 28403
TELEPHONE (910) 798-7165
FAX (910) 798-7053
MEMORANDUM
TO: New Hanover County Planning Board
FROM: Ken Vafier, Planning Manager
RE: Z-939 Ogden Marketplace
Staff has received a request for continuance of this subject project to the April 2, 2015 meeting to
address comments regarding the site design from staff, community members, and other review
agencies. These comments will result in changes to the submitted site plan. As such, we have not
included the supplemental materials for this item in your packet and will include them as part of
the packet when this item is scheduled for a public hearing. Please contact our staff with any
questions you may have on this project.
Chris O’Keefe, AICP
Planning & Inspections
Director
Dennis Bordeaux
Inspections Manager
Ken Vafier, AICP
Planning Manager
- 1 - 1ITEM: 3
Planning Board - March 5, 2015
1
Andrea, Benjamin
From:CWolf <cwolf@lobodemar.biz>
Sent:Tuesday, February 24, 2015 1:04 PM
To:Andrea, Benjamin
Cc:'Charlie Worthen' (cworthen@halpernent.com); 'Paul Harrell' (PHarrell@rlrpc.com)
Subject:Re: Ogden Marketplace
Follow Up Flag:Follow up
Flag Status:Flagged
We understand. With this email, I would like to request that the CZD petition be continued from the March 5th Planning
Board meeting to their next, April 2nd, agenda. We agree that time is needed to sort out some specific issues with the
site plan.
Will you need something more formal than that?
Sent from my iPhone
On Feb 24, 2015, at 12:27 PM, Andrea, Benjamin <bandrea@nhcgov.com> wrote:
Cindee and Charlie,
I have received the comments from DOT Congestion Management office and those will be discussed
with DOT/WMPO at our scoping meeting tomorrow morning.
I have also been in contact with ACOE, DLR, and DWR about the creek on the south side of the
property. I am expecting confirmation today from DWR but it is my understanding that the creek is
going to be considered a stream and therefore a 50’ no build buffer will apply.
With these two issues unresolved, as well as the variance unresolved, Staff is not able to render a
recommendation about this case and we highly recommend that you consider requesting that this case
be continued to at least the April 2 Planning Board meeting. Because the public hearing has already
been advertised, a request for continuance is necessary and can be provided up to and at the Planning
Board meeting.
Please let me know your thoughts. Thanks
Ben
Benjamin Andrea | Current Planning and Zoning Supervisor
Planning & Inspections Planning & Zoning | New Hanover County
- 2 - 1ITEM: 3
Planning Board - March 5, 2015
2
230 Government Center Drive, Suite 110
Wilmington, NC 28403
(910) 7987571 p | (910) 7987053 f
Total Control Panel Login
To: bandrea@nhcgov.com
From: cwolf@lobodemar.biz
Remove this sender from my allow list
You received this message because the sender is on your allow list.
- 2 - 2ITEM: 3
Planning Board - March 5, 2015
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: March 5, 2015
TECHNICAL REVIEW COMMITTEE REPORT
ITEM:
DEPARTMENT: PRESENTER(S):
Sam Burgess, Senior Planner
CONTACT(S):
SUBJECT:
Technical Review Committee Report For February 2015 (Sam Burgess)
BRIEF SUMMARY:
The New Hanover County Technical Review Committee (TRC) met once during the month of February. Site
plans were reviewed for Parsons Mill, River Bluffs: Phase 2, Tidalwalk (Right-of-Way Dedication),
Abbington Cove (High Density), and Pumpkin Creek Village. All five plans were approved with conditions.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear report. No action required.
ATTACHMENTS:
February 2015 TRC Report
ITEM: 4
Planning Board - March 5, 2015
February 2015 TRC Report Page 1
TECHNICAL REVIEW COMMITTEE REPORT
FEBRUARY 2015
The County’s Technical Review Committee (TRC) met once during the month of February and
reviewed five (5) site plans.
Parsons Mill (Performance Plan Second One Year Extension)
Parsons Mill is located in the northern portion of our jurisdiction (4500 block N. College Road)
andAisAclassifiedAasA quiferAResourceAProtectionAonAtheACounty’sA2006AadoptedALandAUseAPlan.A
Site plan attributes include:
CD (R-10) Conditional District Zoning – Residential
354 units (blend single & multi-family)
107.17 acres
Public water & sewer (CFPUA)
Private Roads (with inter-connectivity to Parmele Road)
In a vote of 5-0, the TRC approved the second one year extension of the project for 354 units
ending February 25, 2016 with the following conditions:
1) No gates, obstructions, traffic calming devices or on-street parking.
2) NCDOT Driveway Permit and encroachment agreements.
3) Road construction improvements from the project to existing road connections with
Creekstone Lane, Plum Tree Lane, and Saddlebrook Drive will be required.
4) All terms and conditions of the CD (R-10) rezoning approval by the Board of County
Commissioners will remain in effect.
5) The use/installation of cluster boxes for mail distribution is encouraged.
River Bluffs: Phase 2 (Revised PD- Planned Development)
River Bluffs is located in the northern portion of our jurisdiction (western end Chair Road) and is
classifiedAasAWetlandAResourceAProtectionAofAtheACounty’sAadoptedA2006ALandAUseAPlan.AThe
River Bluffs Master Plan and rezoning from R-20 Residential to PD Planned Development was
approved by the Board of County Commissioners in March, 2008 and amended in January, 2014
to include a commercial marina. A total of 738 units are allowed for the entire project. To date,
Phase 1has received approval by TRC for 223 units. The revision to Phase 2 represents 198 units
with road design width modifications. Other site plan attributes include:
PD Planned Development Zoning District
198 units
84.05 acres
Public water & sewer (CFPUA)
Private Roads (sole access from Chair Road)
In a vote of 5-0, the TRC approved the revision to Phase 2 of River Bluffs with the following
conditions:
- 1 - 1ITEM: 4
Planning Board - March 5, 2015
February 2015 TRC Report Page 2
1) TheAwaiverAtoAreduceAtheApavementAwidthAtoA20’AalongAtheAprivateAroadsA(50’Ar/w)A
was granted.
2) Low Impact Development components which include disconnected impervious
surface from roof gutters, infiltration trenches for half roofs, perforated storm drain
collection lines, an infiltration basin, and the construction of wetlands will be
reviewed by County Engineering and Planning staff.
3) A revised NCDOT Driveway Permit will be required.
4) Language will be added to the HOA/POA regarding the maintenance and removal of
branches and limbs for timely emergency service delivery.
5) The revised Master Plan will be evaluated by Planning staff and a determination will
be made to administratively approve the revision.
6) Off-site road improvements based on the May, 2010 TIA will be completed after the
first 200 homes are constructed and occupied.
Tidalwalk (R/W Dedication)
Tidalwalk is located in the southern portion of our jurisdiction (7900 block Myrtle Grove Road)
andAisAclassifiedAasAConservationAonAtheACounty’sAadoptedA2006ALandAUseAPlan. In order to
legally meet the access requirements of the Zoning Ordinance to serve five (5) lots in the
project, the developer for the project requested an extension to the existing right-of-way near
the eastern end of the project.
In a vote of 5-0, the TRC approved the right-of-way extension to Tidalwalk subdivision along
with the five (5) lots with the following conditions:
1) Installation of a new fire hydrant will be coordinated with County Fire Services.
2) No parking signs will be installed along the causeway of the project to facilitate
emergency service access.
3) No additional gates, obstructions, or traffic calming devices will be permitted.
4) A statement on the site plan will indicate that lots 417-419 are in a VE zone
associated with flooding issues.
5) HOA/POA language will be added for maintenance access of the causeway.
6) All other local, State, & Federal regulations will apply if applicable.
Abbington Cove (High Density)
Abbington Cove is located in the central portion of our jurisdiction (4700 block Carolina Beach
Road)AandAisAclassifiedAasAUrbanAonAtheACounty’sA2006AadoptedALandAUseAPlan.ASiteAattributesA
include:
CD (B-1) Conditional District Light Business & R-15 Residential
80 units (apartments)
6.96 acres
Public water & sewer (CFPUA)
Private Road(s) with exception Sikes Drive
In a vote of 5-0, the TRC approved Abbington Cove for 80 units with the following conditions:
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February 2015 TRC Report Page 3
1) The existing portion of Sikes Drive be extended as a publically dedicated right-of-way
to the southern property boundary of the project. City and/or NCDOT road standards
will apply.
2) No gates, traffic calming devices, other obstructions or on-street parking will be
permitted.
3) A NCDOT Driveway Permit and encroachment agreements will be required.
4) TheAcreationAofAaA10’Apedestrian/bikeApathAalongAtheApropertyAroadAfrontageAwillAbeA
coordinated with the City and NCDOT in accordance with the Comprehensive
Greenway Plan.
5) Open space/recreational requirements in accordance with high density requirements
of the Zoning Ordinance will be required.
6) A tree survey will need to be submitted to determine tree mitigation on the project
site.
7) Pedestrian access between two of the apartment units to Matteo Drive will be
coordinated with the City.
8) Low level lighting will be required within the apartment campus.
9) A special use permit will be required for high density projects.
Pumpkin Creek Village (Performance Site Plan)
Pumpkin Creek Village is located in the northern portion of our jurisdiction (4300 block Blue
ClayARoad)AandAisAclassifiedAasATransitionAandAConservationAonAtheACounty’sA2006ALandAUseAPlan.AA
Site plan attributes include:
R-15 Residential Zoning
62 single family lots
24.8 acres
Public water & sewer (CFPUA)
Public Roads
In a vote of 5-0, the TRC approved Pumpkin Creek Village for a total of 62 lots with the following
conditions:
1) All unduplicated street names will be reviewed and approved by County
Planning/Inspections and E-911 prior to final plat approval.
2) A meeting will be coordinated with Planning/Inspection staff, WMPO, and NCDOT to
determine the bike/pedestrian lane width running along the road frontage of the
project based on the Bicycle Facilities Study for the Blue Clay Road corridor.
3) A tree mitigation proposal will be required prior to the issuance of an erosion control
permit.
4) No gates, traffic calming devices or obstructions will be permitted on the proposed
public streets.
5) Access to the open space/recreational area will be required.
6) NC Driveway Permit and encroachment agreements will be required.
The Next TRC Meeting is scheduled for Wednesday, March 11, 2015.
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