2015-10 October 1 2015 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
DONNA GIRARDOT, CHAIRMAN - ANTHONY PRINZ, VICE-CHAIRMAN
TAMARA MURPHY, BOARD MEMBER - ERNEST OLDS, BOARD MEMBER
THOMAS (JORDY) RAWL, BOARD MEMBER - EDWARD T. (TED) SHIPLEY, III
DAVID WEAVER, BOARD MEMBER
CHRIS O'KEEFE,
OCTOBER 1, 2015 6:00 PM
Call Meeting to Order (Chairman Donna Girardot)
Pledge of Allegiance (Sam Burgess)
Approval of September 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
Rezoning Application (Z-945, 10/15) – Request by David Harner of Paramount
Development Corporation on behalf of the property owner, Thalia Dukes, and
Lawrence S. Craige, legal guardian, to rezone 8.1 acres located at the 6700 block of
Gordon Road from R-15, Residential District, to B-2, Highway Business District. The
property is classified as Urban according to the 2006 CAMA Land Use Plan.
2Public Hearing
Rezoning Application (Z-946, 10/15) – Request by Cindee Wolf of Design Solutions
on behalf of the property owner, Trask Farms of New Hanover, LLC, to rezone 23.74
acres located at the 2400 block of N Kerr Ave from R-15, Residential District, to
(CZD) I-1, Conditional Light Industrial District, to develop a veterinary use. The
property is classified as Transition according to the 2006 CAMA Land Use Plan.
3Public Hearing
Special Use Permit Application (S-628, 10/15) – Request by Cindee Wolf of Design
Solutions on behalf of the property owner, Trask Farms of New Hanover, LLC, to
establish a dwelling unit contained within a principle use in the I-1 zoning district
located at the 2400 block of N Kerr Ave. The property is classified as Transition
according to the 2006 CAMA Land Use Plan.
TECHNICAL REVIEW COMMITTEE REPORT
1Technical Review Committee Report For September 2015
OTHER ITEMS
1Other Business
Planning Board - October 1, 2015
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: October 1, 2015
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner
CONTACT(S): Brad Schuler; Ben Andrea, Current Planner & Zoning Supervisor; Ken Vafier, Planning
Manager; and Chris O'Keefe, Planning & Inspections Director
SUBJECT:
Public Hearing
Rezoning Application (Z-945, 10/15) – Request by David Harner of Paramount Development
Corporation on behalf of the property owner, Thalia Dukes, and Lawrence S. Craige, legal guardian,
to rezone 8.1 acres located at the 6700 block of Gordon Road from R-15, Residential District, to B-2,
Highway Business District. The property is classified as Urban according to the 2006 CAMA Land Use
Plan.
BRIEF SUMMARY:
The subject property includes five parcels of land totaling 8.1 acres located at the 6700 block of Gordon
Road, approximately 1,000 feet west of the intersection with Market Street.
The zoning in the vicinity consists mostly of industrial, residential, and business districts. Adjoining the
property to the west and south is the Dutch Square Industrial Park. To the north is Eaton Elementary School
and the Cape Harbor apartment complex. Commercial zoning and uses are located to the east, along Market
Street and Military Cutoff. The property also borders land within the City of Wilmington which too contains
a variety of commercial uses.
The property is classified as Urban according to the 2006 CAMA Land Use Plan. The purpose of the Urban
class is to provide for continued intensive development and redevelopment of existing urban areas.
As this application is not for a conditional zoning district or a conditional use zoning district, a conceptual
site plan is not required to be submitted, and conditions above and beyond the requirements of the zoning
ordinance cannot be added to the proposed district. Should this rezoning be approved, the property would
be allowed to be developed in accordance with the standards of the B-2 zoning district within the zoning
ordinance.
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
ITEM: 1
Planning Board - October 1, 2015
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval and suggest the following motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 8.1 acres from R-15, Residential District, to B-2, Highway Business District as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the “Urban” land
use classification allows for continued extensive development and redevelopment of existing urban areas,
and because the application includes land near an existing commercial node with access to an arterial street
which is suited for urban development, which is consistent with the Land Use Plan’s implementation
strategies.
2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by
locating them at major intersections or along major thoroughfares, and because Gordon Road was recently
rated as having a “D” Level of Service which is generally assumed to be an acceptable and safe level of
service, and because there are existing plans to improve and widen Gordon Road.
ATTACHMENTS:
Z-945 Script for PB
Z-945 Petition Summary
Z-945 Staff Summary
Z-945 Neighbor Properties Map
Z-945 Zoning-Aerial Map
Z-945 CAMA Map
Z-945 Water-Sewer Map
Applicant Materials Cover
Z-945 Application
ITEM: 1
Planning Board - October 1, 2015
SCRIPT FOR Zoning Map Amendment Application (Z-945, 10/15)
Request by David Harner of Paramount Development Corporation on behalf of the property
owner, Thalia Dukes and Lawrence S. Craige, legal guardian, to rezone 8.1 acres located at the
6700 block of Gordon Road from R-15, Residential District, to B-2, Highway Business District.
The property is classified as Urban according to the 2006 CAMA Land Use Plan.
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. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Planning Board discussion
5. At this time, the Board shall consider the proposed zoning map amendment application and make a
recommendation to the County Commissioners. A recommendation for approval is automatically
forwarded to the County Commissioners. A recommendation for denial ends consideration of the
application unless the recommendation is appealed. Appeals must be submitted no later than 10
days following the decision. At this time, you may ask to either continue the application to a future
meeting, or to proceed with this Board deciding whether to recommend approval or denial of the
application. What do you wish to do?
6. Vote on the zoning map amendment application. The motion should include a statement saying
how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and
in the public interest.
Staff Suggested Motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 8.1 acres from R-15, Residential District, to B-2, Highway Business District as
described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the “Urban”
land use classification allows for continued extensive development and redevelopment of
existing urban areas, and because the application includes land near an existing commercial
node with access to an arterial street which is suited for urban development, which is consistent
with the Land Use Plan’s implementation strategies.
2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses
by locating them at major intersections or along major thoroughfares, and because Gordon
Road was recently rated as having a “D” Level of Service which is generally assumed to be an
acceptable and safe level of service, and because there are existing plans to improve and
widen Gordon Road.
- 1 - 1ITEM: 1
Planning Board - October 1, 2015
Z-945, 10/15 Page 1 of 1
Case Z-945, (10/15)
Rezone from R-15, Residential District, to B-2, Highway Business District
Petition Summary Data
Parcel Location & Acreage: 6700 Block of Gordon Road, 8.1 acres
Petitioner/Owner: David E. Harner on behalf of Thalia Dukes and Lawrence Craige
Existing Land Use: Undeveloped/single-family residential
Zoning History: August 18, 1971 - Initially zoned R-15 via Area 6
Land Classification: Urban
Water Type: Public
Sewer Type: Public
Recreation Area: Ogden Park
Access: The site has access to Gordon Road
Fire District: New Hanover County North
Watershed & Water Quality
Classification: Smith Creek (C;Sw)
Conservation/Historic/
Archaeological Resources: None
Soils and Septic Suitability: Murville fins sand (Mu) - Class III: Severe Limitation
Leon soil (Le) - Class III: Severe Limitation
Schools: Blair Elementary, Trask Middle, Laney High
- 2 - 1ITEM: 1
Planning Board - October 1, 2015
Z-945, (10/15) Page 1 of 5
ZONING MAP AMENDMENT APPLICATION
CASE: Z-945, 10/15
PETITIONER: David Harner of Paramount Development Corporation on behalf of the property owner,
Thalia Dukes, and Lawrence Craige, legal guardian.
REQUEST: Rezone from R-15, Residential District, to B-2, Highway Business District
ACREAGE: 8.1 acres
LOCATION: 6700 Block of Gordon Road
PID: R04003-007-003-000
R04300-007-004-000
R04300-007-002-000
R04300-007-005-001
R04300-007-002-002
LAND CLASS: Urban
EXISTING CONDITIONS:
Existing Zoning and Land Uses
The subject property includes five parcels of land totaling 8.1 acres located at the 6700 block of Gordon
Road, approximately 1,000 feet west of the intersection with Market Street. The property was originally
zoned R-15 when zoning was initially applied to this area in 1971.
The zoning in the vicinity consists mostly of industrial, residential, and business districts. Adjoining the
property to the west and south is the Dutch Square Industrial Park. To the north is Eaton Elementary
School and the Cape Harbor apartment complex. Commercial zoning and uses are located to the east,
along Market Street and Military Cutoff. The property also borders land within the City of Wilmington
which too contains a variety of commercial uses.
- 3 - 1ITEM: 1
Planning Board - October 1, 2015
Z-945, (10/15) Page 2 of 5
Existing Site Conditions
The property proposed to be rezoned consists of five parcels of land. Four of the parcels are currently
undeveloped, and one parcel contains a single-family dwelling. The property has frontage on, and is
accessed by Gordon Road.
Community Services
Water and Sewer:
The property is within the Urban Services boundary, and water and sewer infrastructure is located along
Gordon Road.
Fire Protection:
The property is served by New Hanover County Fire Services and located in the New Hanover County
North Fire District.
Schools:
The property is located within the school districts for Blair Elementary, Trask Middle, and Laney High
schools.
Conservation, Historic, and Archaeological Resources
The subject property does not host any known conservation, historic, or archaeological resources.
PETITIONER’S REQUEST:
The petitioner is seeking to rezone the 8.1 acres currently zoned R-15, Residential District, to B-2, Highway
Business District.
STAFF POSITION:
Zoning and Subdivision Ordinance Considerations
As this application is not for a conditional zoning district or a conditional use zoning district, a conceptual
site plan is not required to be submitted, and conditions above and beyond the requirements of the zoning
ordinance cannot be added to the proposed district. Should this rezoning be approved, the property
- 3 - 2ITEM: 1
Planning Board - October 1, 2015
Z-945, (10/15) Page 3 of 5
would be allowed to be developed in accordance with the standards of the B-2 zoning district within the
zoning ordinance.
Traffic
The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count in January of 2014
at the 6700 block of Gordon Road. The count yielded an Average Daily Traffic (ADT) of 22,987 trips, which
equates to a “D” Level of Service (LOS) for that portion of Gordon Road. According to the County’s
adopted Traffic Impact Study Standards guidebook, a LOS of “D” is generally assumed to be an acceptable
and safe level of service.
The 2016-2025 State Transportation Improvements Program includes a project to widen Gordon Road
from the NC 132 interchange ramp to west of US 17 Business (Market Street). Construction of the project
is expected to begin in 2024. A median will also be installed along Gordon Road, east of the subject
property, in accordance with plans for the Military Cutoff extension.
Any proposed development of the property that will generate more than 100 peak hour trips will require
a Traffic Impact Analysis (TIA) be completed. TIAs are reviewed by the County, WMPO, and North Carolina
Department of Transportation, and may necessitate roadway improvements. Regardless of peak hour
trip generation, any new uses would be scoped for traffic impacts during the driveway permitting process.
Environmental
The area proposed to be rezone is not within a Special Flood Hazard Area and contains Class III soils. Class
III soils have severe limitations for septic suitability and may require extensive modification and intensive
maintenance to accommodate septic system.
Land Use Plan Considerations
The property is classified as Urban according to the 2006 CAMA Land Use Plan. The purpose of the Urban
class is to provide for continued intensive development and redevelopment of existing urban areas.
- 3 - 3ITEM: 1
Planning Board - October 1, 2015
Z-945, (10/15) Page 4 of 5
REVIEW AND ACTION:
This request has been processed and reviewed per Section 110 – Amending the Ordinance.
Staff recommends the approval of the application as requested. Staff concludes that the application is
consistent with the 2006 Wilmington-New Hanover County CAMA Land Use Plan. As the application seeks
to expand a commercial node located along a major intersection, it complies with Implementation
Strategies 4.3.1 and 4.3.6 of the CAMA Land Use Plan:
Implementation Strategy 4.3.1: Locate regional commercial nodes at major intersections
consistent with the Land Classification Map, the Wilmington Future Land Use Plan, and corridor
plans to accommodate uses that serve a regional market.
Implementation Strategy 4.3.6: Locate commercial centers to provide community level service and
trade needs at key intersections or on major thoroughfares with appropriate performance and
design requirements.
Action Needed
Motion to recommend approval of the petitioner’s application
Motion to “table” the application in order to receive more information
Motion to recommend denial of the petitioner’s application based on specific reasons
Example Motion for Approval:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 8.1 acres from R-15, Residential District, to B-2, Highway Business District as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe
elements of controlling land use plans and how the amendment is consistent].
2. Reasonable and in the public interest because [Briefly explain why. Factors may include public
health and safety, character of the area and relationship of uses, applicable plans, or balancing
benefits and detriments.].
Example Motion for Denial:
Motion to recommend denial, as the Planning Board finds that this application for a zoning map
amendment of 8.1 acres from R-15, Residential District, to B-2, Highway Business District as described is:
1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe
elements of controlling land use plans and how the amendment is not consistent].
2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include
public health and safety, character of the area and relationship of uses, applicable plans, or
balancing benefits and detriments.].
- 3 - 4ITEM: 1
Planning Board - October 1, 2015
Z-945, (10/15) Page 5 of 5
Staff Suggested Motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 8.1 acres from R-15, Residential District, to B-2, Highway Business District as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the “Urban”
land use classification allows for continued extensive development and redevelopment of existing
urban areas, and because the application includes land near an existing commercial node with
access to an arterial street which is suited for urban development, which is consistent with the
Land Use Plan’s implementation strategies.
2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses
by locating them at major intersections or along major thoroughfares, and because Gordon Road
was recently rated as having a “D” Level of Service which is generally assumed to be an acceptable
and safe level of service, and because there are existing plans to improve and widen Gordon Road.
- 3 - 5ITEM: 1
Planning Board - October 1, 2015
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Parcels within 500 Feet of Case Site
10/1/2015
Applicant:Case:Review Board:Planning BoardZoning Map Amendment
Request:Notes:Z-945
B-2
Date:
Existing Zoning:R-15David E Harner, CCIMParamount DevelopmentCorporation Proposed Zoning:
PLANNING & INSPECTIONSDirector: Chris O'Keefe
Z-944
®HNC
Site Address:6700 BlockGordon Rd
Z-945
Neighboring Parcels
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Case Site
R-15
I-1
CITY
O&I
B-2
B-2
I-2
Zoning
IDAddressIDAddress1 6804 GORDON RD256761 GORDON RD2 6855 MARKET ST266821 MARKET ST3 6806 GORDON RD276845 MARKET ST4 6855 MARKET ST286701 GORDON RD5 6736 NETHERLANDS DR296789 C/A MARKET ST6 6752 GORDON RD306789 2 MARKET ST7 6736 NETHERLANDS DR31203 ANTILLES CT8 207 ANTILLES CT326805 NETHERLANDS DR9 6816 GORDON RD336789 2 GORDON RD10 6814 GORDON RD34204 ANTILLES CT11 6768 GORDON RD356800 GORDON RD12 6745 NETHERLANDS DR06760 GORDON RD13 6772 GORDON RD06760 GORDON RD14 6744 NETHERLANDS DR06770 GORDON RD15 6725 NETHERLANDS DR06756 GORDON RD16 0 GORDON RD06770 GORDON RD17 6805 MARKET ST366837 MARKET ST18 6779 1 GORDON RD376769 GORDON RD19 6801 GORDON RD386790 GORDON RD20 6740 NETHERLANDS DR396743 AMSTERDAM WAY21 208 ANTILLES CT406811 GORDON RD22 6857 MARKET ST416789 1 MARKET ST23 6802 GORDON RD42202 ANTILLES CT24 6750 GORDON RD436777 MARKET ST
- 4 - 1
ITEM: 1
Planning Board - October 1, 2015
B-2
CITY
R-15
I-1
I-2
R-15
R-15
R-10
R-10
I-1 CD
O&I
O&I
B-2
I-1 CD
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PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC
Z-945
A-I
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B-1 CD
B-2
B-2 CD
EDZD
I-1
I-1 CD
I-2
O&I
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PD
R-10
R-10 CD
R-15
R-15 CD
R-20
R-20 CD
R-20S
R-7 CD
RA
RFMU
SC
Zoning Districts
Incorporated Areas
See Section 59.4 of the Zoning OrdinanceCOD
SHOD
10/1/2015
Applicant:Case:Review Board:Planning BoardZoning Map Amendment
Request:Notes:Z-945
B-2
Date:
Existing Zoning:R-15David E Harner, CCIMParamount DevelopmentCorporation Proposed Zoning:
Site Address:6700 BlockGordon Rd
- 5 - 1
ITEM: 1
Planning Board - October 1, 2015
Urban
Transition
Watershed Resource Protection
Wetland Resource Protection Area
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WOOD SORRELL RD
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PRIVATE
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WYCK FARM WAY
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PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC
Z-945
CAMA Classifications
Conservation Area
Natual Heritage Resource Protection Area
Aquifer Resource Protection Area
Watershed Resource Protection
Wetland Resource Protection Area
Urban
Transition
Community
Rural
Not in Planning Area
10/1/2015
Applicant:Case:Review Board:Planning BoardZoning Map Amendment
Request:Notes:Z-945
B-2
Date:
Existing Zoning:R-15David E Harner, CCIMParamount DevelopmentCorporation Proposed Zoning:
Site Address:6700 BlockGordon Rd
- 6 - 1
ITEM: 1
Planning Board - October 1, 2015
MARKET ST
GORDON RD
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PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC
Z-945
Sewer Collector
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10/1/2015
Applicant:Case:Review Board:Planning BoardZoning Map Amendment
Request:Notes:Z-945
B-2
Date:
Existing Zoning:R-15David E Harner, CCIMParamount DevelopmentCorporation Proposed Zoning:
Site Address:6700 BlockGordon Rd
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NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: October 1, 2015
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner
CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning
Manager; and Chris O'Keefe, Planning & Inspections DIrector
SUBJECT:
Public Hearing
Rezoning Application (Z-946, 10/15) – Request by Cindee Wolf of Design Solutions on behalf of the
property owner, Trask Farms of New Hanover, LLC, to rezone 23.74 acres located at the 2400 block of
N Kerr Ave from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District, to
develop a veterinary use. The property is classified as Transition according to the 2006 CAMA Land
Use Plan.
BRIEF SUMMARY:
This conditional zoning application proposes to rezone 23.74 acres located at the 2400 block of N. Kerr
Avenue from R-15, Residential District to (CZD) I-1, Conditional Light Industrial District, to develop a
veterinary use consisting of stables and a dwelling unit on the second story of the office building. As this is a
conditional zoning application, a conceptual site plan is included, and conditions above and beyond the
requirements of the zoning ordinance may added to the district with the applicant's approval.
The 23.74 acre parcel was zoned R-15 when zoning was initially applied to this area in 1972. Currently the
area consists of a mixture of zoning districts including R-15, A-I, AR, and a Planned Development.
Surrounding land uses include mostly undeveloped lands used for agricultural purposes.
The site and surrounding area are classified as Transition according to the 2006 CAMA Plan. The purpose of
the Transition class is to provide for future intensive urban development on lands that have been or will be
provided with necessary urban services.
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:
ITEM: 2
Planning Board - October 1, 2015
Motion to recommend approval, as the Planning Board finds that this request for a zoning map amendment
of 23.74 acres from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District as
described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan as the “Transition” land use
classification allows for future intensive urban development, and because the property is not located near any
environmentally sensitive areas or areas designated as Resource Protection and Conservation, in compliance
with the Plan’s implementation strategies.
2. Reasonable and in the public interest because the property is located in rural area of the county which
consists of agricultural, industrial, and low density residential uses, and therefore the proposed veterinarian
use should not generate undue impacts on the surrounding area.
ATTACHMENTS:
Z-946 Script for PB
Z-946 Petition Summary
Z-946 Staff Summary
Z-946 Neighbor Properties Map
Z=946 Zoning-Aerial Map
Z-946 CAMA Map
Z-946 Water-Sewer Map
Applicant Materials Cover
Z-946 Application
Proposed Site Plan Cover
Z-946 Proposed Site Plan
ITEM: 2
Planning Board - October 1, 2015
SCRIPT FOR Conditional Zoning District Application (Z-946, 10/15)
Request by Cindee Wolf of Design Solutions on behalf of the property owner, Trask Farms of
New Hanover, LLC, to rezone 23.74 acres located at the 2400 block of N Kerr Ave from R-15,
Residential District, to (CZD) I-1, Conditional Light Industrial District, to develop a veterinary
use. The property is classified as Transition according to the 2006 CAMA Land Use Plan.
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. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Planning Board discussion
5. At this time, the Board shall consider the proposed conditional zoning district application and make
a recommendation to the County Commissioners. A recommendation for approval is automatically
forwarded to the County Commissioners. A recommendation for denial ends consideration of the
application unless the recommendation is appealed. Appeals must be submitted no later than 10
days following the decision. At this time, you may ask to either continue the application to a future
meeting, or to proceed with this Board deciding whether to recommend approval or denial of the
application. What do you wish to do?
6. Vote on the conditional zoning district application. The motion should include a statement saying
how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and
in the public interest.
Staff Suggested Motion:
Motion to recommend approval, as the Planning Board finds that this request for a zoning map
amendment of 23.74 acres from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial
District as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan as the “Transition”
land use classification allows for future intensive urban development, and because the property
is not located near any environmentally sensitive areas or areas designated as Resource
Protection and Conservation, in compliance with the Plan’s implementation strategies.
2. Reasonable and in the public interest because the property is located in rural area of the county
which consists of agricultural, industrial, and low density residential uses, and therefore the
proposed veterinarian use should not generate undue impacts on the surrounding area.
- 1 - 1ITEM: 2
Planning Board - October 1, 2015
Z-946, 10/15 Page 1 of 1
Case Z-946, (10/15)
Rezone from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District
Petition Summary Data
Parcel Location & Acreage: 2400 Block of N Kerr Ave, 23.74 acres
Petitioner/Owner: Cindee Wolf on behalf of Trask Farms of New Hanover, LLC
Existing Land Use: Undeveloped
Zoning History: July 7, 1972 - Initially zoned R-15 via Area 8B
Land Classification: Transition
Water Type: Private Well
Sewer Type: Priveate Septic
Recreation Area: Optimist Park
Access: The site has frontage on N Kerr Ave
Fire District: New Hanover County North
Watershed & Water Quality
Classification: Smith Creek (C;Sw)
Conservation/Historic/
Archaeological Resources: None
Soils and Septic Suitability: Murville fins sand (Mu) - Class III: Severe Limitation
Pantego loam (Pn) - Class III: Severe Limitation
Lynchburg fine sand (Ls) – Class II: Moderate Limitation
Schools: Castle Hayne Elementary, Trask Middle, Laney High
- 2 - 1ITEM: 2
Planning Board - October 1, 2015
Z-946, (10/15) Page 1 of 5
CONDITIONAL ZONING DISTRICT APPLICATION
CASE: Z-946, 10/15
PETITIONER: Cindee Wolf on behalf of Trask Farms of New Hanover, LLC, property owner
REQUEST: Rezone from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District
ACREAGE: 23.74 acres
LOCATION: 2400 Block of N. Kerr Avenue
PID: R03400-001-110-000
LAND CLASS: Transition
EXISTING CONDITIONS:
Existing Zoning and Land Uses
The 23.74 acre parcel was zoned R-15 when zoning was initially applied to this area in 1972. Currently the
area consists of a mixture of zoning districts including R-15, A-I, AR, and a Planned Development.
Surrounding land uses include mostly undeveloped lands used for agricultural purposes.
Existing Site Conditions
The property proposed to be rezoned is undeveloped and is currently being used for agricultural purposes.
Community Services
Water and Sewer:
The property is within the Urban Services boundary and is within the CFPUA service area. There is no
water or sewer infrastructure installed along the portion of N. Kerr Avenue fronting the subject property.
Fire Protection:
The property is served by New Hanover County Fire Services and located in the New Hanover County
North Fire District.
- 3 - 1ITEM: 2
Planning Board - October 1, 2015
Z-946, (10/15) Page 2 of 5
Schools:
The property is located within the school districts for Castle Hayne Elementary, Trask Middle, and Laney
High schools; however this use will not impact the school system.
Conservation, Historic, and Archaeological Resources
There are no historical or archaeological resources known to exist on the property.
PETITIONER’S REQUEST:
The petitioner is seeking to rezone the 23.74 acres of the property currently zoned R-15, Residential
District, to (CZD) I-1, Conditional Light Industrial District with the accompanying conceptual site plan for
the development of a veterinary use consisting of stables and a dwelling unit on the second story of the
proposed office building.
STAFF POSITION:
Zoning Ordinance Considerations
The Zoning Ordinance states that the purpose of the I-1 Light Industrial district is to preserve land within
the County for light industrial uses and associated operations, including assembly, fabrication, packaging
and transport, where operation are conducted primarily indoors and where suitable sites served by rail,
waterway, highway transportation systems as well as readily available utilities. Veterinaries, stables, and
accessory dwelling units are permitted by right or with a Special Use Permit within the I-1 zoning district.
The only other zoning district that allows for a combination of those three uses is the B-2, Highway
Business District.
A conceptual site plan is included as part of the application and has had a preliminary zoning review. A
more detailed site plan must go through an official zoning review and obtain zoning approval prior to the
commencement of any development activity.
- 3 - 2ITEM: 2
Planning Board - October 1, 2015
Z-946, (10/15) Page 3 of 5
Traffic
A traffic impact worksheet was provided as part of the application. The worksheet demonstrates that
the use will not create peak hour trips in the amount necessary to require a Traffic Impact Analysis (TIA).
Peak AM hour trips realized from the use will be 10 trips, and peak PM hours trips will be 11 trips.
A recent TIA conducted for a proposed development within the North Kerr Industrial Park found that the
intersection of N Kerr Ave and Hall Waters Drive, which is located approximately one half mile west of the
subject property, operates at a LevelAofAServiceA(LOS)AofA“B”AorAbetterAduringAtheAweekdayA MAandAPMA
peak hours.
Environmental
The area proposed to be rezoned is not within a Special Flood Hazard Area and contains Class II and Class
III soils. Class II soils have moderate limitations for septic suitability and may require moderate
modification and maintenance to accommodate septic systems. Class III soils have severe limitations for
septic suitability and may require extensive modification and intensive maintenance.
Landscaping and Buffering
Landscaping and buffering must be installed in accordance with the Zoning Ordinance regulations. It will
include streetscaping along N. Kerr Avenue, and a 20’AwideAbuffer along the rear and east side property
line, which adjoins residentially zoned land. The buffer must be fully opaque and may consists of
vegetation, fencing, berms, or a combination thereof.
Land Use Plan Considerations
The site and surrounding area are classified as Transition according to the 2006 CAMA Plan. The purpose
of the Transition class is to provide for future intensive urban development on lands that have been or
will be provided with necessary urban services.
REVIEW AND ACTION:
This request is being facilitated by Section 55.3 – Conditional Zoning District ofAtheACounty’sAZoningA
Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A
community meeting was held on August 24, 2015 in accordance with the requirements for such an
- 3 - 3ITEM: 2
Planning Board - October 1, 2015
Z-946, (10/15) Page 4 of 5
application. Two members of the public attended the meeting. The applicant has provided a summary
of the meeting which includes the concerns and comments brought up by the attendees.
Staff recommends the approval of the application as requested. Staff concludes that the application is
consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington-New Hanover
County CAMA Land Use Plan. Specifically, the property is not located near any environmentally sensitive
areas or areas designated as Resource Protection and Conservation, and is located in a rural area of the
county consisting of agricultural, industrial, and low density residential uses. Thus, the application
generally supports Policy 4.2 and Implementation Strategy 4.2.2 of the CAMA Land Use Plan:
Policy 4.2:
Delineate areas for industrial use which will maximize the efficient use of infrastructure while
protecting the fragile ecosystem from harm and protecting residents from undue impacts.
Implementation Strategy 4.2.2:
Locate industrial uses outside of environmentally sensitive areas and areas designated Resource
Protection and Conservation on the land classification map.
Action Needed
Motion to recommend approval of the petitioner’s proposal (with or without conditions)
Motion to “table” the item in order to receive more information
Motion to recommend denial of the petitioner’s request based on specific reasons
Example Motion for Approval:
Motion to recommend approval, as the Planning Board finds that this request for a zoning map
amendment of 23.74 acres from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District
as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe
elements of controlling land use plans and how the amendment is consistent].
2. Reasonable and in the public interest because [Briefly explain why. Factors may include public
health and safety, character of the area and relationship of uses, applicable plans, or balancing
benefits and detriments.].
Example Motion for Denial:
Motion to recommend denial, as the Planning Board finds that this request for a zoning map amendment
of 23.74 acres from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District as described
is:
1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe
elements of controlling land use plans and how the amendment is not consistent].
2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include
public health and safety, character of the area and relationship of uses, applicable plans, or
balancing benefits and detriments.].
- 3 - 4ITEM: 2
Planning Board - October 1, 2015
Z-946, (10/15) Page 5 of 5
Staff Suggested Motion:
Motion to recommend approval, as the Planning Board finds that this request for a zoning map
amendment of 23.74 acres from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District
as described is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan as the “Transition”Aland
use classification allows for future intensive urban development, and because the property is not
located near any environmentally sensitive areas or areas designated as Resource Protection and
Conservation, in compliance withAtheAPlan’sAimplementationAstrategies.
2. Reasonable and in the public interest because the property is located in rural area of the county
which consists of agricultural, industrial, and low density residential uses, and therefore the
proposed veterinarian use should not generate undue impacts on the surrounding area.
- 3 - 5ITEM: 2
Planning Board - October 1, 2015
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Parcels within 500 Feet of Case Site PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC
Z-946
Neighboring Parcels
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Case Site
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Z-946Zoning
IDAddress1 2354 TRUESDALE DR 22525 KERR AVE N3 3013 ACORN BRANCH RD 42501 KERR AVE N5 2521 KERR AVE N6 2517 KERR AVE N7 2350 TRUESDALE DR 82509 KERR AVE N9 1322 KERR AVE N10 2700 KERR AVE N11 3650 BLUE CLAY RD 0No Address Assigned
10/1/2015
Applicant:Case:Review Board:Planning BoardCZDRequest:Notes:Z-946
I-1 (CZD)/ Veterinary
Date:
Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406
Proposed Zoning/Use:
Site Address:2400 BlockN Kerr Ave
- 4 - 1
ITEM: 2
Planning Board - October 1, 2015
R-15
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10/1/2015
Applicant:Case:Review Board:Planning BoardCZDRequest:Notes:Z-946
I-1 (CZD)/ Veterinary
Date:
Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406
Proposed Zoning/Use:
Site Address:2400 BlockN Kerr Ave
- 5 - 1
ITEM: 2
Planning Board - October 1, 2015
Transition
Conservation Area
Urban
KERR AVE N
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10/1/2015
Applicant:Case:Review Board:Planning BoardCZDRequest:Notes:Z-946
I-1 (CZD)/ Veterinary
Date:
Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406
Proposed Zoning/Use:
®HNC
Site Address:
Z-946
CAMA Classifications
Conservation Area
Natual Heritage Resource Protection Area
Aquifer Resource Protection Area
Watershed Resource Protection
Wetland Resource Protection Area
Urban
Transition
Community
Rural
Not in Planning Area
2400 BlockN Kerr Ave
- 6 - 1
ITEM: 2
Planning Board - October 1, 2015
KERR AVE N
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FARLEY DR
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1,000Feet 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
Z-946
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10/1/2015
Applicant:Case:Review Board:Planning BoardCZDRequest:Notes:Z-946
I-1 (CZD)/ Veterinary
Date:
Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406
Proposed Zoning/Use:
Site Address:2400 BlockN Kerr Ave
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APPLICANT
MATERIALS
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PROPOSED
SITE PLAN
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NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: October 1, 2015
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner
CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning
Manager; and Chris O'Keefe, Planning & Inspections Director
SUBJECT:
Public Hearing
Special Use Permit Application (S-628, 10/15) – Request by Cindee Wolf of Design Solutions on behalf
of the property owner, Trask Farms of New Hanover, LLC, to establish a dwelling unit contained
within a principle use in the I-1 zoning district located at the 2400 block of N Kerr Ave. The property
is classified as Transition according to the 2006 CAMA Land Use Plan.
BRIEF SUMMARY:
The applicant is requesting a Special Use Permit to allow for a dwelling unit contained within a veterinary
office. The property consists of 23.74 acres located at the 2400 Block of N Kerr Ave. A conditional
rezoning application (Z-946) is being processed for the property concurrently with this Special Use Permit
(SUP) application, which if approved would rezone the property from R-15, Residential District, to (CZD) I-
1, Conditional Light Industrial district.
The 23.74 acre parcel was zoned R-15 when zoning was initially applied to this area in 1972. Currently the
area consists of a mixture of zoning districts including R-15, A-I, AR, and a Planned Development.
Surrounding land uses include mostly undeveloped lands used for agricultural purposes.
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:
Staff recommends approval and suggest the following motion:
Motion to recommend approval of the Special Use Permit application based on the preliminary Finding of
Facts as detailed in the staff’s analysis.
ITEM: 3
Planning Board - October 1, 2015
ATTACHMENTS:
S-628 Script for PB
S-628 Petition Summary
S-628 Staff Summary
S-628 Neighbor Properties Map
S-628 Zoning-Aerial Map
S-628 CAMA Map
S-628 Water-Sewer Map
Applicant Materials Cover
S-628 Application
Proposed Site Plan Cover
S-628 Proposed Site Plan
ITEM: 3
Planning Board - October 1, 2015
SCRIPT FOR Special Use Permit Application (S-628, 10/15)
Request by Cindee Wolf of Design Solutions on behalf of the property owner, Trask Farms of
New Hanover, LLC, to establish a dwelling unit contained within a principle use in the I-1
zoning district. The property is classified as Transition according to the 2006 CAMA Land Use
Plan.
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. Applicant’ s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s cross examination/rebuttal (up to 5 minutes)
e. Opponent’s cross examination/rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Planning Board discussion
5. Ask Applicant whether he/she agrees with staff findings and any proposed conditions.
6. Vote on the special use permit application.
Motion to recommend approval of the application - All findings are positive.
Motion to recommend approval of the application, subject to conditions specified below:
(State Conditions)
____________________________________________________________________
____________________________________________________________________
Motion to recommend denial of the application 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:
_________________________________________________________________
_________________________________________________________________
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:
_________________________________________________________________
_________________________________________________________________
- 1 - 1ITEM: 3
Planning Board - October 1, 2015
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:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Staff Suggested Motion:
Motion to recommend approval of the Special Use Permit application based on the preliminary
Finding of Facts as detailed in the staff’s analysis.
- 1 - 2ITEM: 3
Planning Board - October 1, 2015
S-628, 10/15 Page 1 of 1
Case S-628, (10/15)
Special Use Permit application for a dwelling unit contained within a principle use in an I-1 zoning district
Petition Summary Data
Parcel Location & Acreage: 2400 Block of N Kerr Ave, 23.74 acres
Petitioner/Owner: Cindee Wolf on behalf of Trask Farms of New Hanover, LLC
Existing Land Use: Undeveloped
Zoning History: July 7, 1972 - Initially zoned R-15 via Area 8B
Land Classification: Transition
Water Type: Private Well
Sewer Type: Priveate Septic
Recreation Area: Optimist Park
Access: The site has frontage on N Kerr Ave
Fire District: New Hanover County North
Watershed & Water Quality
Classification: Smith Creek (C;Sw)
Conservation/Historic/
Archaeological Resources: None
Soils and Septic Suitability: Murville fins sand (Mu) - Class III: Severe Limitation
Pantego loam (Pn) - Class III: Severe Limitation
Lynchburg fine sand (Ls) – Class II: Moderate Limitation
Schools: Castle Hayne Elementary, Trask Middle, Laney High
- 2 - 1ITEM: 3
Planning Board - October 1, 2015
S-628 (10/15) Page 1 of 3
SPECIAL USE PERMIT APPLICATION
S-626 (10/15): Request for a Special Use Permit to allow for a dwelling unit contained within a principle
use
Request By: Cindee Wolf on behalf of Trask Farms of New Hanover, LLC, property owner
Location: 2400 Block of N Kerr Ave
PID: R03400-001-110-000
Summary of Request
The applicant is requesting a Special Use Permit to allow for a dwelling unit contained within a veterinary
office. The property consists of 23.74 acres located at the 2400 Block of N Kerr Ave. A conditional rezoning
application (Z-946) is being processed for the property concurrently with this Special Use Permit (SUP)
application, which if approved would rezone the property from R-15, Residential District, to (CZD) I-1,
Conditional Light Industrial district.
The 23.74 acre parcel was zoned R-15 when zoning was initially applied to this area in 1972. Currently the
area consists of a mixture of zoning districts including R-15, A-I, AR, and a Planned Development.
Surrounding land uses include mostly undeveloped lands used for agricultural purposes.
The dwelling unit will be located within the same building as the veterinary office. It will consists of 1,200
square feet and be located above the 2,400 square foot veterinary office. The resident of the dwelling
unit will be an employee of the veterinary establishment.
In addition to obtaining the SUP, the dwelling unit must comply with all of the standards of the Zoning
Ordinance, including specific use requirements listed in Section 72-29. The specific use requirements
futher regulate the size and location of the proposed dwelling unit.
*Property is proposed to be rezoned to (CZD) I-1 district (Z-946).
- 3 - 1ITEM: 3
Planning Board - October 1, 2015
S-628 (10/15) Page 2 of 3
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 access N. Kerr Avenue, a minor arterial street.
D. Water and wastewater services (public water & septic) for the proposed use must comply with
the standards of the CFPUA and the Health Department.
E. The proposed use must comply with the standards of the State Building and Fire Codes.
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. Dwelling units contained within a principle use are allowed by Special Use Permit in the I-1 zoning
district.
B. In accordance with Section 72-29 (2), the dwelling unit will be occupied by the person engaged in
the principle use, a full time employee, or their family members residing with them.
C. In accordance with Section 72-29 (3), the building meets the minimum side and rear yard
requirements of the R-15 zoning district, and the front yard meets the minimum requirements of
the I-1 zoning district.
D. In accordance with Section 72-29 (4), the site provides an area of open space, unobstructed by
any buildings, parking or structures, equal to the total floor space of the dwelling unit.
E. In accordance with Section 72-29 (5), the amount of floor area for the dwelling unit is not more
than fifty percent (50%) of the total floor area of the principle use.
F. In accordance with Section 72-29 (6), the dwelling unit is located totally above the ground floor
of the principle use so as not to interrupt the commercial frontage.
G. In accordance with Section 72-29 (7), two off-street parking spaces will be provided for dwelling
unit in addition to the required parking for the principle use.
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 dwelling unit contained within a principle use is within an area
consisting of agricultural, industrial, and low density residential uses.
B. 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.
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Planning Board - October 1, 2015
S-628 (10/15) Page 3 of 3
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.
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.
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 application based on the preliminary Finding
of Facts as detailed in the staff’s analysis.
- 3 - 3ITEM: 3
Planning Board - October 1, 2015
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KERR AVE N
PRIVATE
FARLEY DR
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TRUESDALE RD
BAVARIAN LN
HALL WATTERS DR
ACORN BRANCH RD
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KITTY HAWK RD
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1,000Feet
Parcels within 500 Feet of Case Site PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC
Z-946
Neighboring Parcels
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Case Site
PD
R-15
A-I AR
AR
Z-946Zoning
IDAddress1 2354 TRUESDALE DR 22525 KERR AVE N3 3013 ACORN BRANCH RD 42501 KERR AVE N5 2521 KERR AVE N6 2517 KERR AVE N7 2350 TRUESDALE DR 82509 KERR AVE N9 1322 KERR AVE N10 2700 KERR AVE N11 3650 BLUE CLAY RD 0No Address Assigned
10/1/2015
Applicant:Case:Review Board:Planning BoardSpecial UsePermit
Request:Notes:S-628 Dwelling unit containedwithin principal use
Date:
Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406
Proposed Use:
Site Address:2400 BlockN Kerr Ave
*Property also proposed to be rezoned to CZD I-1 (Z-946)
- 4 - 1
ITEM: 3
Planning Board - October 1, 2015
R-15
PD
A-I
AR
I-2
AR
A-I
I-1 CD
PD
B-2 CD
B-2
B-2
B-1 CD
O&I
B-2 CD
R-10
KERR AVE N
PRIVATE
FARLEY DR
C
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CAPITAL DR
TRUESDALE RD
BAVARIAN LN
HALL WATTERS DR
ACORN BRANCH RD
O
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KITTY HAWK RD
R
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ORVILLE WRIGHT WAY
HARGATE CT
PR
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PRIVATE
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1,000Feet PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC
S-628
A-I
A-I CD
AR
B-1
B-1 CD
B-2
B-2 CD
EDZD
I-1
I-1 CD
I-2
O&I
O&I CD
PD
R-10
R-10 CD
R-15
R-15 CD
R-20
R-20 CD
R-20S
R-7 CD
RA
RFMU
SC
Zoning Districts
Incorporated Areas
See Section 59.4 of the Zoning OrdinanceCOD
SHOD
10/1/2015
Applicant:Case:Review Board:Planning BoardSpecial UsePermit
Request:Notes:S-628 Dwelling unit containedwithin principal use
Date:
Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406
Proposed Use:
Site Address:2400 BlockN Kerr Ave
*Property also proposed to be rezoned to CZD I-1 (Z-946)
- 5 - 1
ITEM: 3
Planning Board - October 1, 2015
Transition
Conservation Area
Urban
KERR AVE N
PRIVATE
FARLEY DR
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CAPITAL DR
TRUESDALE RD
BAVARIAN LN
HALL WATTERS DR
ACORN BRANCH RD
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KITTY HAWK RD
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ORVILLE WRIGHT WAY
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PRIVATE
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1,000Feet
10/1/2015
Applicant:Case:Review Board:Planning BoardSpecial UsePermit
Request:Notes:S-628 Dwelling unit containedwithin principal use
Date:
Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406
Proposed Use:
PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC
Site Address:
S-628
CAMA Classifications
Conservation Area
Natual Heritage Resource Protection Area
Aquifer Resource Protection Area
Watershed Resource Protection
Wetland Resource Protection Area
Urban
Transition
Community
Rural
Not in Planning Area
2400 BlockN Kerr Ave
*Property also proposed to be rezoned to CZD I-1 (Z-946)
- 6 - 1
ITEM: 3
Planning Board - October 1, 2015
KERR AVE N
PRIVATE
FARLEY DR
C
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G
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N
CAPITAL DR
TRUESDALE RD
BAVARIAN LN
HALL WATTERS DR
ACORN BRANCH RD
O
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KITTY HAWK RD
R
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ORVILLE WRIGHT WAY
M
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PR
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1,000Feet 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
S-628
Sewer Collector
Water Distribution Main
Urban Services Area
MAR KET ST
^I-140
I-140
I-
4
0
RIVER RD
U
S H
W
Y 421
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SI D BU R Y R D
MARKET ST
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BLUE CLAY RD
COLLE
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H O LL Y S H E L T E R R D
OLEANDER DR
EASTWOOD RD
SHIPYA RD BLV
R
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DOW RD S
WHITE RD
BEACH RD S
*Site In USB*
Urban Services Area
10/1/2015
Applicant:Case:Review Board:Planning BoardSpecial UsePermit
Request:Notes:S-628 Dwelling unit containedwithin principal use
Date:
Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406
Proposed Use:
Site Address:2400 BlockN Kerr Ave
*Property also proposed to be rezoned to CZD I-1 (Z-946)
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Planning Board - October 1, 2015
APPLICANT
MATERIALS
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PROPOSED
SITE PLAN
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Planning Board - October 1, 2015
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: October 1, 2015
TECHNICAL REVIEW COMMITTEE REPORT
ITEM:
DEPARTMENT: PRESENTER(S): Sam Burgess, Senior Planner
CONTACT(S): Sam Burgess; Ben Andrea, Current Planning/Zoning Supervisor
SUBJECT:
Technical Review Committee Report For September 2015
BRIEF SUMMARY:
The New Hanover County Technical Review Committee (TRC) met once during the month of
September and reviewed 3 preliminary site plans and considered one request to install gates and one request
to re-designate a road network in an approved subdivision. The report and accompanying plans are attached.
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:
September 2015 TRC Report
ITEM: 4
Planning Board - October 1, 2015
SEPTEMBER 2015 TRC REPORT Page 1
TECHNICAL REVIEW COMMITTEE REPORT
SEPTEMBER, 2015
The County’s Technical Review Committee (TRC) met once during the month of September
and reviewed three (3) preliminary site plans and considered one request to install gates and
one request to re-designate a road network in an approved subdivision.
Cameron Trace (Performance Plan)
Cameron Trace is located in the north central portion of our jurisdiction (near eastern end
MurrayvilleARoad)AandAisAclassifiedAasAWetlandAResourceAProtectionAonAtheACounty’sAadoptedA
2006 Land Use Plan. The 121 residential lot subdivision will have one primary entrance from an
existing subdivision with private roads.
Site Plan Data
Zoning: R-15 Residential (limited 2.5 units per acre)
Water: Public (CFPUA)
Sewer: Public (CFPUA)
Road Network: Private
Lots: 121
Acreage: 48.5 (net acres to determine density)
Conservation Resources: None
Primary Access: Flushing Drive
Schools: Murrayville & Eaton Elementary (over-capacity)
Trask Middle (over-capacity)
Laney High (over-capacity)
In a vote of 5-0, the TRC preliminarily approved Cameron Trace for a total of 121 lots for a
period of two years with the following conditions:
1) Documentation from the Corps of Engineers verifying the location of the wetlands.
The documentation will be illustrated on the final plat.
2) A tree inventory survey be provided to staff confirming that no significant trees will
be removed within the development.
3) A road maintenance agreement be provided from the Quail Woods development
regardingAaccessAtoAFlushingADrive:AFlushingADriveAhasAbeenAdesignatedAasAaA“public”A
street but has not been accepted by NCDOT for maintenance.
4) A TIA must be completed and approved by NCDOT, WMPO, and County. Any off-site
or on-site road improvements must be installed or bonded in accordance with the
County’sASubdivisionAregulations:
5) All other applicable local, state, and federal permits as required.
- 1 - 1ITEM: 4
Planning Board - October 1, 2015
SEPTEMBER 2015 TRC REPORT Page 2
Saddlebred Acres (Conventional Plan)
Saddlebred Acres is located in the northern portion of our jurisdiction (3600 block Prince
GeorgeA venue)AandAisAclassifiesAasACommunityAonAtheACounty’sAadoptedA2006ALandAUseAPlan:A
The eight (8) lot subdivision will have one primary entrance off Prince George Avenue.
Site Plan Data
Zoning: RA-30 (Rural Agriculture)
Water: Individual Well
Septic: Individual Septic
Road Network: Public
Lots: 8
Acreage: 7.83
Conservation Resources: None
TIA: Not Required
Schools: Eaton & Castle Hayne Elementary (over-capacity)
Holly Shelter Middle
Laney High (over-capacity)
In a vote of 5-0, the TRC preliminarily approved Saddlebred for a total of eight (8) lots for a
period of two years with the following conditions:
1) DocumentationAfromAtheACounty’sAEnvironmentalAHealthADepartment that each of
the proposed lots can accommodate a well and septic unit. Documentation will be
needed prior to final plat approval.
2) All other local, state, and federal requirements as applicable.
Beau Rivage (Gates Proposal)
Beau Rivage is located in the south central portion of our jurisdiction (6200 block of Carolina
Beach Road) and is classified as TransitionAandAConservationAonAtheACounty’sAadoptedA2006A
Land Use Plan. The residential project was established in 1987 with development build-out
almost complete. The attorney representing the Beau Rivage HOA and Board of Directors
proposed to install four (4) gates within the development (two on Rivage Promenade and two
at the golf course entrances) for the purpose of privacy within their community. The road
network is private.
In a vote of 4-1, the TRC approved the applicants’ request to install four (4) gates within Beau
Rivage under the following conditions:
1) Maintenance of the gates will be the responsibility of the affected parties based on a
recorded agreement already in place.
2) Written agreement from County Emergency Management, New Hanover Regional
Hospital,AandAtheACountyASheriff’sADepartmentAallowingAemergencyAserviceAdeliveryA
into the private development must be presented to County Fire Services prior to gate
installation.
- 1 - 2ITEM: 4
Planning Board - October 1, 2015
SEPTEMBER 2015 TRC REPORT Page 3
3) All four (4) gates will be installed with a Knox box and siren in accordance with
County Fire Service code requirements.
Gable Run (Road Re-Designation)
Gable Run is located near the northeastern portion of our jurisdiction (near the 500 block of
Jacqueline Drive – Greenview Ranches) and is classified as Wetland Resource Protection on the
County’sAadoptedA2006AlandAUseAPlan:ATheAprimaryAentranceAtoAtheAprojectAisAthruAOldAOakA
Road. The developer for the project requested TRC to re-designate the road network within the
developmentAfromA“public”AtoA“private:”AATheAsiteAplanAwasApreliminarily approved by TRC in
January, 2015 for 45 residential lots. Construction of the project has not started. According to
theAdeveloper’sAengineer,AconstructionAplanAdrawingsAwereAsubmittedAtoANCDOTAforAapproval:A
After construction site plan review, comments provided by NCDOT indicated a cost overrun of
over $325,000.00 that was not anticipated. Some of the cost over-run involved off-site road
improvements.
In a vote of 5-0, the TRC approved the re-designation of the road network in Gable Run from
“public”AtoA“private”AwithAtheAfollowingAconditions.
1) All terms and conditions will remain for the 45 lot residential project with the
exception of condition # 3.
2) PrivateAroadAstandardsAinAaccordanceAwithAtheACounty’sASubdivisionAOrdinanceAwillAbeA
applicable to the project. It is our understanding that the standards will not affect the
original lay-out of the project.
3) All roads will be built to minimum NCDOT standards. Old Oak Road will be designated
asA“public:”
4) HOA covenants during final play review will incorporate the maintenance of Old Oak
Road.
River Bluffs: Phase 3 (PD Plan)
River Bluffs is located in the northern Portion of our jurisdiction (near the western end of Chair
Road)AandAisAclassifiedAasAWetlandAResourceAProtectionAonAtheACounty’sAadoptedA2006 Land Use
Plan. The primary entrance to the project is thru Chair Road with a secondary access from
Rockhill Road.
Site Plan Data
Zoning: PD (Planned Development)
Water: Public (CFPUA)
Sewer: Public (CFPUA)
Road Network: Private
Lots: 105
Acreage: 54.41 (includes 1.82 acres of commercial)
Conservation Resources: Wetland Resource Protection
TIA: Yes (approved)
Low Impact Development: Yes
- 1 - 3ITEM: 4
Planning Board - October 1, 2015
SEPTEMBER 2015 TRC REPORT Page 4
In a vote of 5-0, the TRC approved the latest installment of River Oaks for a total of 105 lots
with the following conditions:
1) No on-street parking or traffic calming devices.
2) Staff will review adjustments to the updated master plan and determine whether the
updated plan can be administratively approved.
3) The HOA will be responsible for the removal of branches and limbs that over-hang
the roads to mitigate emergency service delivery.
4) A field inspection pertaining to the tree survey for phase 3 will be conducted by staff
prior to final plat approval.
5) Unduplicated road names will be needed for two streets in phase 3 prior to final plat
approval.
6) Road construction to the southern property line connecting with Salvador Road in
Sunset Reach will be required to promote alternative access.
7) Off-site road improvements based on the May, 2010 TIA will be completed after 200
homes are constructed and occupied.
8) All other local, State, and Federal mandates may be applicable to this phase.
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