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NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 NOTICE OF PUBLIC
HEARING NEW HANOVER COUNTY PLANNING BOARD AUGUST 2, 2012 The New Hanover County Planning Board will hold public hearings on Thursday, August 2, 2012 beginning at 5:30 p.m. or thereafter
at the New Hanover County Historic Courthouse, 24 North Third Street (corner of Third and Princess Streets), Room 301 in Wilmington, NC to consider the following items: Approval of June
Planning Board Minutes Election of Officers Item 1: Rezoning Request (Z-922, 08/12) -Request by Tom Tucker to rezone 11.67 acres at 7641 Market Street and 115 Amaryllis Drive from B-2
Highway Business to CD(R-10) Conditional R-10. The site is identified as Transition and Wetland Resource Protection on the 2006 CAMA Land Classification Map and is within the Market
Street Corridor Plan. Technical Review Committee Report (June and July) The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and
discussion at the meeting, including rezoning to other classifications. Petitions for the above items may be viewed or inquiries made by contacting the Planning & Inspections Department
at 798-7165, 230 Government Center Drive, Wilmington, NC. All interested citizens are invited to attend. , AICP Planning & Inspections Director Dennis Bordeaux
Inspections Manager Shawn Ralston Planning Manager
Case Z-922, (08/2012) Page 1 CASE: Z-922, 08/2012 PETITIONER: Tom Tucker REQUEST: Rezone from B-2, Highway Business to CD (R-10), Conditional Residential ACREAGE: 11.87 Acres LOCATION:
115 Amaryllis Drive and 7740 Market Street LAND CLASS: Transition and Watershed Resource Protection STAFF SUMMARY HISTORY: On February 2, 2004 the subject properties were approved for
a special use permit to construct a mixed use development in a B-2, Highway Business District, consisting of a 156 unit apartment complex and a 21,600 square foot commercial space. The
approval was subject to the following conditions: (a) a twenty (20) foot buffer in accordance with the buffering standards of Section 67 of the zoning ordinance along the southern property
line; (b) implementation of the traffic improvements, listed in the initial Traffic Impact Analysis; (c) preservation of regulated trees; (d) installation of onsite fire hydrants; (e)
access provided to the Foy Property, along northern border; and (f) satisfaction of the minimum minimum setback requirements of proposed Building 1, subject to the rezoning approval
of the Foy tract. The commercial highway frontage has not been developed due to the inability to secure commercial tenants. However, the apartment occupancy has been steady and warrants
expansion according to the petitioner. PROPERTY SPECIFICS: The subject properties are accessed off of Market Street, an urban principal arterial roadway, located north of Alexander Road.
The proposal includes two parcels, parcel I is addressed 7740 Market Street and parcel II is addressed 115 Amaryllis Drive. The development proposal encompasses a combined acreage of
11.87 acres. Tract I is owned by Ogden 12 Properties LLC and Tract II is owned by Three Oaks LLC. Three Oaks LLC owns Ogden 12 and the applicant has a third ownership in both entities.
CHARACTER OF THE AREA: Current Zoning: The purpose of the B-2 district is to provide for the proper grouping and development of roadside business uses which will best accommodate the
needs of the the motoring public and businesses demanding high volume traffic. The subject site is situated between two commercially zoned parcels. West of the proposal is an operational
boat sales and service facility and sweepstakes parlor. To the east is vacant undeveloped land. South is zoned R-15, Residential and is undeveloped. Northeast of the subject property,
at the corner of Alexander and Market is a 3.14 acre tract zoned Office and Institutional, developed as a
Case Z-922, (08/2012) Page 2 veterinary office. Immediately north is a 3.13 acre tract of vacant R-15, residential property and northwest is a 1.47 acre tract of B-�
� Proposed Zoning: The R-10 Residential District is established as a district in which the principal use of
land is for residential purposes with access to either public water or public sewer. The purpose of the High Density section is to encourage high density development in Urban or Transition
areas where adequate services are available, provided that environmental impacts are minimized and adequate open space is provided. Under this section of the zoning ordinance, an R-10
District allows a density factor of 17 units per acre. The conditional use district procedure is established to address situations where a particular land use would be consistent with
the New Hanover County Land Use Plan and the objectives of the ordinance but none of of the general zoning district classifications which would allow that use is acceptable. The procedure
is for firm development proposals. The proposal is CD (R-10) to accommodate the addition of 45 residential units to an existing apartment complex, identified as The Apartments at Three
Oaks. The additional one bedroom units will be constructed in three new buildings, totaling 30,000 gross square feet. The applicant is also adding ninety parking spaces to accommodate
the new units, consistent with Section 81-1 of the zoning ordinance. TRAFFIC: As of December 2011 counts, the average daily trip (ADT) on Market Street, between Alexander Road and Amaryllis
Drive has a volume of 43,275 vehicles per day (vpd); however, the capacity of the road is 43,700 vpd. Therefore, the level of service (LOS) for the portion of Market Street fronting
the subject properties is E, meaning the roadway is operating at design capacity and traffic is experiencing delays at intersections. The traffic impact worksheet, provided by the applicant,
estimates the additional 45 units will produce an AM peak of 21 trips and a PM peak of 25 trips. Therefore, a traffic impact analysis is not required. COMMUNITY SERVICES: Water/Sewer:
Water and sewer are currently provided to the developed property, located at 115 Amaryllis Drive, by Cape Fear Public Utility Authority (CFPUA) and currently capacity is available to
service the additional units, located at 7641 Market Street. Fire Protection: The property will be served by New Hanover County Fire Services. Schools: School districts are determined
by the New Hanover County Board of Education periodically. Currently, the subject properties would fall within the Ogden Elementary School, Noble Middle School and Laney High School
attendance.
Case Z-922, (08/2012) Page 3 LAND CLASSIFICATION: The subject properties are located in the northern portion of the county in an area with two land classifications, including Watershed
Resource Protection and Transition according to the 2006 CAMA Land Classification Map. The Watershed Resource Protection area is the portion of the property that is already developed.
All new development would be contained within the Transition area. The watershed resource protection area subclass occurs along the tidal creeks and is defined as the area within ½ mile
of the 100-year flood plain for those creeks. The impact that the resources is being protected from is pollutant laden stormwater runoff from impervious surfaces within the watershed.
The protection strategy for this subclass of resource protection area focuses on minimizing new impervious surface, retrofitting protection measures to improve water quality of runoff
from existing impervious surfaces and to promote low impact best management practices for development and redevelopment. 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. The location of these areas is based upon land use planning policies requiring
optimum efficiency in land utilization and public service delivery. ENVIRONMENTAL CONSIDERATIONS: The subject properties are located within the Pages Creek watershed drainage area which
is classified as SA; HQW 303. The soil maps indicate Kureb Sand (1-8% slopes) and Murville Fine Sand are located on the subject properties. Kureb sand is classified as a Class I soil
with suitable to slight limitations. Murville Fine Sand is classified as a Class III soil with severe limitations and is known to require extensive modifications and intensive maintenance.
PLANS AND POLICIES: The 2006 CAMA Land Use Plan encourages intensive urban development on lands that are classified as
neighborhoods and quality of life. The subject
site is addressed within two chapters of the Market Street Corridor Plan. Chapter 4, General Development, describes future development of the subject site as a multifamily suburban neighborhood
and encourages building orientation toward the interior of the site with landscaped buffers between surrounding development. Chapter 6, Recommendations, calls for the installation of
sidewalks the entire length of the corridor, between Colonial Drive and Porters Neck Road. STAFF POSITION: The site plan poses two inconsistencies with the intent of the Market Street
Corridor Plan, including the configuration of the proposed parking lot and failure to include construction of an external sidewalk fronting Market Street, connecting internal sidewalks
to adjacent services. However, the minimal impact on traffic and expansion of an existing use in a Transition classification is consistent with the 2006 CAMA Land Use Plan, stated intent
of both Conditional Use and High Density development. Therefore, Staff is recommending approval.
Case Z-922, (08/2012) Page 4 BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION SPECIAL USE PERMIT: PRELIMINARY FINDINGS
OF FACT:
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. Fire Service is provided by New Hanover County Fire Services. B. Water and sewer are currently provided by CFPUA to the developed property, located at 115 Amaryllis Drive and currently
capacity is available to service additional units, located at 7641 Market Street. C. As of December 2011 counts, the ADT of Market Street, between Alexander Road and Amaryllis Drive
has a volume of 43,275vpd; however, the capacity of the road is 43,700 vpd. Therefore, Therefore, the LOS for the portion of Market Street fronting the subject properties is E, meaning
the roadway is operating at design capacity and traffic is experiencing delays at intersections. The traffic impact worksheet, provided by the applicant, estimates the additional 45
units will produce an AM peak of 23 trips and a PM peak of 28 trips. Therefore, a traffic impact analysis is not required. 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 road improvements required by NCDOT are implemented. 2. The Board must find that the use
meets all required conditions and specifications of the Zoning Ordinance. A. Conditional zoning districts are designed for firm development proposals and not for tentative development.
The proposal is to accommodate the addition of three buildings and 45 residential units to an existing apartment complex, identified as The Apartments at Three Oaks. The additional one
bedroom units will be constructed in three new buildings, totaling 30,000 gross square feet. The applicant is also adding ninety parking spaces to accommodate the new units, consistent
with Section 81-1 of the zoning ordinance. B. The proposal is located within the Special Highway Overlay District and development; however, due to the residential nature of the proposal,
it will not be subject to the standards outlined in Section 59.6 of the Zoning Ordinance. C. A community meeting was held on April 26, 2012 at 6 pm in the club house of the Park at Three
Oaks. All adjacent property owners were notified of the meeting; however, in attendance were the President of the Cape Fear Marine Group and three individuals from the LMC group, Inc.
Discussions focused on water and sewer capacity. Staff Suggestion: Evidence in the record at this time supports a finding that the use can meet all required conditions and specifications
of the Zoning Ordinance.
Case Z-922, (08/2012) Page 5 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. No
evidence has been submitted that this project will decrease property values of residents who live nearby. 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. 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
Land Use Plan Update identifies the subject properties as Transition and Watershed Resource Protection. The Watershed Resource Protection area is the portion of the property that is
already developed. All new development would be contained within the Transition area. B. The 2006 CAMA Land Use Update encourages intensive urban development on lands that are classified
as Transition. Further, Policy 5.7 states the need to preserve the
C. Chapter 4 of the Market Street Corridor Plan acknowledges future development of the subject site as a multifamily suburban neighborhood and encourages building
orientation toward the interior of the site with landscaped buffers between surrounding development. D. Chapter 6 of the Market Street Corridor Plan calls for the installation of sidewalks
the entire length of the corridor, between Colonial Drive and Porters Neck Road. Staff suggests the majority of findings are positive; however, note that there are two inconsistencies
with the Market Street Corridor Plan, including the configuration of the proposed parking lot and failure to include construction of an external sidewalk fronting Market Street, connecting
internal sidewalks to adjacent services. Staff would propose the following conditions be placed on the conditional use rezoning permit which the petitioner/property owner must agree
to for the permit to be valid: (1.) The owners construct a sidewalk along the Market Street frontage of the subject properties, providing connection with the internal sidewalks and adjacent
services, consistent with the Market Street Corridor Plan and Section 67B-3 of the New Hanover County Zoning Ordinance; and
Case Z-922, (08/2012) Page 6 (2.) Documentation of an encroachment agreement with Progress Energy with regard to the location of proposed Building 10. ACTION # 2 NEEDED: (Choose one)
1. Motion to recommend the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information
or documentation (Specify). 3. Motion to recommend Denial based on specific negative 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.
CaseZ922(06/12) Rezone11.87acresfromB2,highwaybusinesstoCD(R10)conditionalR10,residential PetitionSummaryData 115AmaryllisDrive
Owner/Petitioner:TomTucker Existing Land Use: B2, highway business, apartment complex per special use permit for residential in a commercialzoningdis
trict,caseS511,approved02/02/2004 ZoningHistory:Area5(July6,1971) LandClassification:TransitionandWatershedResourceProtection WaterType:CFPUA
SewerType:CFPUA RecreationArea:OgdenElementarySchool OgdenPark Access&TrafficVolume:TheADTofMarketStreetbetweenAlexanderRoadandAmar
yllishadavolume of43,275vpd.Theroadcapacityis43,700vpd;therefore,theLOSisEasofDecember2011counts.A LOS of E means the roadway
is operating at design capacity and traffic is experiencing delays at intersections. FireDistrict:NewHanoverCountyFireServiceDistrict Watershed&Wate
rQualityClassification:PagesCreek(SA;HQW303) AquiferRechargeArea:Ashallowwatertableandaquiferandunderlyingartesianaquifercontainingfresh
wateroversaltywater. Conservation/Historic/ArchaeologicalResources:TheportionoftheparcelfrontingMarketStreetislocated withintheSpecialHighwayOverlayDistric
t(S.H.O.D.).Nofloodorconservationareaslocatedonthesubject property. The Conservation Overlay District classifies the property as Urban and
Developed Land fronting MarketStreetandSuccessionalLandintherear. Soils:Kurebsandwith1to8%slopesandMurvilleFineSand. SepticSuitability:Kureb
sandisclassifiedasaClassIsoilwithsuitabletoslightlimitations.MurvilleFineSand is classified as a Class III soil with severe limitations
and is known to require extensive modifications and intensivemaintenance. Schools:OgdenElementarySchool
MarketStreetCorridorStudy
CurrentApprovedPlan
ApplicantMaterials
JUNE&JULY,2012TECHNICALREVIEWCOMMITTEEREPORT TheCounty’sTechnicalReviewCommittee(TRC)metonceinJuneandJuly.Twoperformancesiteplans were
reviewed along with a request to extend the validity period of an Exceptional Design Zoning District(EDZD). ShieldsPlace ShieldsPlaceislocatedneart
he7000blockofSpringerRoad(neareasternendMurrayvilleRoad)andis classified as Urban on the County’s 2006 Land Use Plan. The Urban classification
provides for the continuedintensivedevelopmentoflandbasedontheavailabilityofpublicinfrastructure. ThedeveloperfortheprojectrequestedTRCtoconsiderprel
iminaryperformanceapprovalofanine(9) lotdivisionon3.54acresofrealestate.Asnotedonthesiteplan,accesstotheprojectwillbethrougha
plattedroadstuboffSpringerRoad.Theroadservingtheprojecthasbeendesignatedfor“public”use. Publicwaterandsewercapacityisavailable. Inavoteof5�
�0,theTRCapprovedShieldsPlaceforninelotswiththefollowingconditions: 1) StormwaterauthorizationneedstoberevisedthroughCountyEngineeringstaff,
2) ANCDOTDrivewayPermitandconstructionplandrawingswillneedtobesubmittedforreview andapprovalpriortothesubmissionofafinalplatand, 3)
FirehydrantinstallationwillneedtobereviewedbyCountyFireServices. TarinWoods TarinWoodsislocatednearthe6200blockofMyrtleGroveRoad,adjacenta
ndsouthofSentryOaks subdivision and is classified as Transition on the County’s 2006 Land Use Plan. The Transition classification provides
for future intensive urban development on lands that have been or will be providedwithnecessaryurbanservices. TarinWoodswasoriginallyapprovedasap
reliminaryperformanceprojectfor130lotsinOctober,2005. Undernewownership,thedeveloperrequestedTRCtoconsiderseveralroaddesignadjustmentstothe
originalplantomitigateseveralcreekcrossings. Inavoteof50,theTRCapprovedtheroaddesignadjustmentswiththefollowingconditions:
1) Useable“active”recreationalspacewillneedtobedisplayedontheplan. 2) Allroad stubs willbeconstructed along with the connection toAmbleside
Drive prior to final platapproval. 3) AletterfromtheCorpsofEngineersdelineating404wetlandswillberequiredpriortofinalplat approval. 4)
TheTIAthatwascraftedin2005willneedtoberevisedandapprovedbyNCDOTandtheWMPO priortofinalplatapproval.
5) The storm water and erosion control permits will need to be revised through County Engineering. 6) ArevisiontotheNCDOTDrivewayPermitandroadconstru
ctionplandrawingswillneedtobe revised(streetshavebeendesignatedforpublicuse). 7) Fivefootsidewalkswillberequired. 8) Nogates,parking,oranyotherob
structionswillbeallowedonthestreets.Anotewillneedto beaddedtotheplanreflectingthislanguage. MiddleSoundVillage Middle Sound Village
is located near the 600 block of Middle Sound Loop Road and is classified as Watershed Resource Protection on the County’s 2006 Land Use
Plan. Wilshire Management Group requestedthatthevalidityperiodoftheExceptionalDesignZoningDistrict(EDZD)approvedinAugust, 2010 (47townhomeson
9.93 acres)be extended fora period of eighteen (18)months inaccordance withSection53.611oftheCountyZoningOrdinance.EDZD’sarevalidforaperiodof
twoyears. Inavoteof50,theTRCextendedthevalidityperiodofMiddleSoundVillageforeighteen(18)months.