Sept 6 PB Packet
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 SEPTEMBER 6, 2012 The New Hanover County Planning Board will hold public hearings on Thursday, September 6, 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 August Planning Board Minutes Item 1: Rezoning Request (Z-918, 04/12) -Request by Walter Pete Avery on behalf of Horn Road, LLC to rezone 2.49 acres of land at 4832, 4836, and 4840
Carolina Beach Road from CD(O&I) Conditional Office and Institutional and 1.70 acres of Right-of-way from R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business.
The site is classified as Urban on the 2006 CAMA Land Classification Map. This item was continued continued from the Planning Board’s April 12, 2012 meeting. Item 2: Special Use Permit
Request (S-606, 09/12) -Request by Stephen Ohm on behalf of Security Savings Bank to obtain a special use permit to establish a convenience food store. The property is located in an
O&I Office and Institutional Zoning District at 5111 Carolina Beach Road. The site is classified as Urban on the 2006 CAMA Land Classification map. 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. Chris O’Keefe,
AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager
Item 1: Rezoning Request (Z-918, 04/12) -Request by Walter Pete Avery on behalf of Horn Road, LLC to rezone 2.49 acres of land at 4832, 4836, and 4840 Carolina Beach Road from CD(O&I)
Conditional Office and Institutional and 1.70 acres of Right-of-way from R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business. The site is classified as Urban
on the 2006 CAMA Land Classification Map. This item was continued from the Planning Board’s April 12, 2012 meeting.
Z-918, 04/12 1 CASE: Z-918, 04/2012 PETITIONER: Pete Avery on behalf of Horn Road, LLC REQUEST: Rezone from CD (O&I) Conditional Office and Institutional to CZD (B-2) Conditional Zoning
District Highway Business ACREAGE: 2.49 Acres (Land) and 1.70 Acres (Right-of-way) LOCATION: 4832, 4836, and 4840 Carolina Beach Road LAND CLASS: Urban STAFF SUMMARY HISTORY: The subject
properties were rezoned from R-15 Residential and Office and Institutional to CD (O&I), Conditional Office & Institutional on June 5, 2006. The proposal was subject to a site specific
plan, which included the development of two 8,750 square foot office buildings. The office buildings were limited in use to a barber shop; office space for private business & professional
activities; government offices; neighborhood drug store; bank, credit agency or savings and loans office; and/or a printing office. The proposal was subject to two additional conditions,
including the installation of a six (6) foot fence along the northwest side of the property and that the dumpster be located as far away as possible from the Wilson residence (also along
the northwest side of the property). The County Commissioners approval was based on an appe-2, denial on May 4, 2006. The
original proposal, denied by the Planning Board, was a request to rezone to CD (B-2) conditional highway business. In addition to traffic and safety concerns, there was strong community
opposition expressed during the public comment period and supplemented by a petition in opposition with fifty eight (58) signatures. The approved site plan was modified administratively,
under Section 71.1(a), on February 8, 2008 in order to reconfigure the proposed office layout. There was a reduction of 800 square feet of office space and reconfiguration of parking
accommodations. The Planning Board continued the most recent request to rezone 2.49 acres from CD (O&I) Conditional Office and Institutional to B-2 Highway Business at their April 12,
2012 meeting. PROPERTY SPECIFICS: The subject properties are accessed off of Carolina Beach Road, an urban principal arterial roadway, located north of Antoinette Drive. The proposal
includes three parcels, parcel I is addressed 4832 Carolina Beach Road, parcel II is 4836 Carolina Beach Road and parcel III is addressed 4840 Carolina Beach Road. The development proposal
encompasses a combined acreage of 2.49 acres of land and 1.70 acres of right-of-way. All three tracts are owned by Horn Road, LLC.
Z-918, 04/12 2 CHARACTER OF THE AREA: Current Zoning: A conditional use district 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 zoning ordinance but none of the general zoning district classifications would allow that use. The procedure is intended primarily for
use with transitions between zoning districts with very dissimilar character (i.e. R-15 and B-2) where a particular use or uses, with restrictive conditions to safeguard adjacent land
uses, can create a more orderly transition benefitting all affected parties and the community-at-large. Further, the purpose of the Office and Institutional District is to provide areas
where institutional uses, professional uses and other uses compatible to uses of an office and institutional nature shall be encouraged to locate and to provide protection for this type
of land use from encroachment by other
minor arterials, and/or m
South of the subject properties, across Horn Road, fronting Carolina Beach Road is a pocket of existing B-2, Highway
Business. The B-2 zoning designation extends east, across Carolina Beach Road. However, north and west of the subject properties the zoning transitions to R-15, medium-density residential.
Proposed Zoning: The purpose of a conditional district is to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the objectives
of the zoning ordinance and where only a specific use or uses is proposed for the project. This procedure is intended primarily for use with transitions between zoning districts of very
dissimilar character (e.g. R-15 and B-2) where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting
all affected parties and the community-at-large. The purpose of a B-2 Highway Business district shall be to provide for the proper grouping and development of roadside business uses
which will best accommodate the needs of the motoring public and businesses demanding high volume traffic. The district's principal means of ingress and egress shall be along collector
roads, minor arterials, and/or major arterials as designated on the County's Thoroughfare Classification Plan. (8/4/86) No B-2 District shall be less than five (5) acres in area. The
proposal is to construct a one-story, 8,320 square foot retail shell building and installation of fifty two parking spaces to accommodate the use and future expansion. The proposed parking
exceeds the thirty two parking spaces required in Section 81-1. The applicant also anticipates growth and illustrates a future expansion phase of 4,160 square feet of additional retail
space.
Z-918, 04/12 3 TRAFFIC: Carolina Beach Road is an urban principal arterial roadway. Access to the property will require driveway permits from NCDOT. The ADT on Carolina Beach Road, north
of Antoinette Drive, has decreased from 34,842 (2010) to 29, 835 (2011). The portion of Carolina Beach Road fronting the subject properties has a LOS E, meaning the roadway is operating
at design capacity and traffic is experiencing delays at intersections. The intersection of Carolina Beach Road and Horn Road is not signalized. The traffic impact worksheet, provided
by the applicant, estimates the proposed freestanding retail development will produce an AM peak of 10 trips and a PM peak of 63 trips. Therefore, a traffic impact analysis is not required.
COMMUNITY SERVICES: Water/Sewer: The property is currently served by CFPUA. 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. If the request is is granted, the use will not be residential, so no impact on schools is anticipated. LAND
CLASSIFICATION: The subject property is located in the southern portion of the county in an area with an urban land classification. The purpose of the urban classification is to provide
for continued intensive development and redevelopment of existing urban areas. Urban areas are typically already developed at a density approaching 1,500 dwelling units per square mile.
Urban services are already in place or scheduled within the immediate future. ENVIRONMENTAL CONSIDERATIONS: The subject properties are located within the Barnards Creek watershed drainage
area which is classified as C; SW. The properties do not have any conservation, historic, or archeological resources on site. The soil maps indicate Leon Sand is the only soil located
on the subject properties. Leon Sand is a Class III soil. It has severe limitations and requires extensive modification and intensive maintenance. PLANS AND POLICIES: Policy 4.3 of the
2006 CAMA Land Use Plan states the need to maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they
serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. STAFF POSITION: The revised proposal, which includes the right-of-way
for both Carolina Beach Road and Horn Road, meets the requirements of both the Conditional Zoning District and B-2 Highway Business District and is located within an area classified
as Urban according to the 2006 CAMA Land Use Plan. Further, the proposal is estimated to have a minimal impact on traffic, is situated adjacent to commercial uses both south
Z-918, 04/12 4 and east of the subject site, and the proposed buffer will mitigate potential negative impacts to adjacent residential properties to the north and west. Therefore, staff
recommends approval of the rezoning request; however, recommends the following conditions: (a) The dumpster location be placed as far away as possible from the northwest property; (b)
Installation of a six (6) foot fence along the northwest side of the property, (c) Improve the existing transit site, fronting the subject property, with the construction of a covered
shelter; (d) The drive way be limited to Horn Road ingress and egress; (e) Construction of sidewalks, fronting Carolina Beach Road and Horn Roads accessing the site to ensure potential
pedestrian safety and connectivity to the adjacent residential neighborhood; (f) Exclusion of Funeral Homes including cremation services, special trade contractor with no outside storage,
and landscape services-maintenance and design or related services from the list of permitted uses; (g) Hours of access should be limited to avoid undue disturbance of the peaceful enjoyment
of the surrounding neighborhood and should be specified on the site plan. Staff recommends hours of 7 a.m. to 9 p.m., consistent with the intent of Section 23-34(b) of the County Code
of Ordinances relating to unlawful noise-generating activities in residential areas; and (h) Strategic placement of lighting and equipping each light with cones directing the light downward,
minimizing the impacts on adjacent residential neighbors.
CaseZ918(4/12) Rezone2.49acresoflandat4832,4836,and4840CarolinaBeachRoadfromCD(O&I)ConditionalOfficeand Institutionaland 1.70 acres
of RightofwayfromR15 Residential toCZD (B2),Conditional Zoning District HighwayBusiness PetitionSummaryData 4832,4836,4840CarolinaBeachRoad
Owner/Petitioner:WalterPeteAveryonbehalfofHornRoad,LLC ExistingLandUse:CD(O&I)vacant ZoningHistory:Area4(April7,1971) LandClassification:
Urban WaterType:CFPUA SewerType:CFPUA RecreationArea:MaryCWilliams Access&TrafficVolume:TheADTofCarolinaBeachRoad,NorthofAntoinette�
�Drive,hasdecreasedfrom 34,842(2010)to29,835(2011).TheportionofCarolinaBeachRoadfrontingthesubjectpropertyhasaLOS of E, meaning the roadway
is operating at design capacity and traffictraffic is experiencing delays at intersections. FireDistrict:NewHanoverCountyFireServiceDistrict
Watershed&WaterQualityClassification:BarnardsCreek(C;Sw) AquiferRechargeArea:RechargeareaofSandhillaquiferwatertableconditions. Conservation/Histori
c/ArchaeologicalResources:Noconservation,historicorarchaeologicalresources. Soils:LeonSandistheonlysoillocatedonthesubjectproperties. SepticSuitabilit
y:LeonSandisaClassIIIsoil.Ithasseverelimitationsandrequiresextensivemodificationand intensivemaintenance. Schools:MaryC.Williams
Current Zoning (CD(O&I)) Proposed Zoning (CZD(B-2)) Staff Recommendation Barber/Beauty Shop General Building Contractor with No Outside Storage General Building Contractor with No Outside
Storage Offices for Business & Professional Activities Landscaping Contractors with No Outside storage Landscaping Contractors with No Outside storage Government Offices Special Trade
Contractors with No Outside Storage Artisan Manufacturing Neighborhood Drug Store Artisan Manufacturing Electric, Gas, Telephone, and Sanitary Services Banks, Credit Agencies, Savings
& Personal Loans Electric, Gas, Telephone, and Sanitary Services Drug Store Business Services including Printing Drug Store Eating Establishments with No Drive-thru services Eating Establishments
with No Drive-thru services Food Stores-specialty foods, General grocery, and related Food Stores-specialty foods, General grocery, and related Furniture, Home furnishings, and related
products Furniture, Home furnishings, and related products General Merchandise stores stores General Merchandise stores Hardware stores Hardware stores Handcrafting small articles Handcrafting
small articles Miscellaneous retail Landscaping services-maintenance, design, and related Financial institutions, including banks, credit unions, and related Miscellaneous retail Research
facilities Financial institutions, including banks, credit unions, and related Barber shops, beauty shops, salons Research facilities Business services, including printing Barber shops,
beauty shops, salons Electrical repair shops Business services, including printing Dry cleaning/Laundry Plant Electrical repair shops indoor recreation facility Funeral Homes including
cremation services watch, clock, jewelry repairs Dry cleaning/Laundry Plant personal services indoor recreation facility child day care watch, clock, jewelry repairs Library branches
personal services Church services child day care Lodges, Fraternal organizations, and social organizations Library branches Dwelling unit contained in principal use Church services limited
to nights and Sunday only Government offices Lodges, Fraternal organizations, and social organizations General and professional offices Dwelling unit contained in principal use Medical
Offices Government offices General and professional offices Medical Offices
CURRENT APPROVED PLAN
APPLICANT MATERIALS
PROPOSED PLAN
Item 2: Special Use Permit Request (S-606, 09/12)-Request by Stephen Ohm on behalf of Security Savings Bank to obtain a special use permit to establish a convenience food store. The
property is located in an O&I Office and Institutional Zoning District at 5111 Carolina Beach Road. The site is classified as Urban on the 2006 CAMA Land Classification map.
S-606, 09/12 1 SPECIAL USE PERMIT: Convenience Food Store S-606, 09/12 Petitioner: Stephen Ohm (Palay Investments, LLC) Acreage: 1.69 Location: 5111 Carolina Beach Road The applicant
proposes locating a drive-through convenience store in an area zoned O&I (Office and Institutional). The zoning ordinance allows convenience stores in O&I zoning districts with a special
use permit. The following findings must be positive to satisfy the special use permit requirements. 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.
(CFPUA) jurisdiction. According to the CFPUA, public water and sewer capacity are available. B.
Access to the property is from Carolina Beach Road (US Highway 421 South). The ADT just north of Monkey Junction has decreased from 34,842 (2010) to 29,835 (2011). The LOS near the proposed
use is E meaning the roadway is operating at design capacity. The section of Carolina Beach Road between Archmill and Antoinette is in the 15th most dangerous road section in New Hanover
County. C. The property will be served by the New Hanover County South Fire District D. The site is not within the 100 year flood zone. E. The subject property is presently vacant with
the exception of a small shed near the northwestern portion of the property. The shed is proposed to be removed. F. No gasoline sales or storage is proposed. Staff Suggestion: Evidence
in the record at this time indicates that the proposed use may materially endanger the public health or safety where proposed. The proposed use is intended to provide fast and convenient
shopping to patrons driving cars along Carolina Beach Road., however, the proposal is located at an un-signalized intersection that was not designed to handle left turns exiting from
the proposed location. This section of Carolina Beach Road is already one of the most dangerous road sections in the County. 2. The Board must find that the use meets all required conditions
and specifications of the Zoning Ordinance. A. The subject property is presently zoned O & I Office & Institution. The purpose of the O & I District shall be to provide areas where institutional
uses,
S-606, 09/12 2 professional office uses and other uses compatible to uses of an office or institutional nature shall be encouraged to locate and to provide protection for this type land
use from encroachment by other less desirable uses. B. The zoning district allows for convenience food stores by special use permit. C. The petitioner proposes
a convenience food store facility consisting of a total of 2,760 square feet with a twenty (20) foot wide drive-through traversing the retail space of 1,600 square feet. A building height
of eighteen (18) feet is also displayed on the site plan. D. The facility has direct access onto a public street maintained by NCDOT in accordance with Section 72-26(1) of the Zoning
Ordinance. E. Buffer yards and setbacks to protect adjoining residential property displayed on the site plan appear to meet Section67B of the Landscape requirements. F. Parking displayed
on the plan appears to meet Section 81 of the Zoning Ordinance. G. No conservation resources, cemeteries, or archaeological sites exist on the property. Staff Suggestion: Evidence in
the record at this time indicates that the proposed use does not meet the intent of the O&I zoning district as described in the Zoning Ordinance. The proposed use, a drive-thru convenience
store, is not a use considered as office or institutional as prescribed by the O & I zoning district. This type of use is better suited within the more intensive business zoning districts.
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 proposed use is allowed in
an O&I Office and Institution district by special use permit. B. A residential neighborhood abuts the proposed property to the northwest and northeast. C. No evidence has been submitted
to date that the project proposal will decrease property values for residents who live nearby. Staff Suggestion: There is no evidence in the record at this time indicating that the proposed
use will 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. Convenient food stores are
permitted by special use permit in Office and Institutional zoning districts. B. The adopted 2006 Land Use Plan identifies this site as Urban. C. The proposed facility is a convenient
food store. The proposal abuts established single family houses to the south and multi-family development to the north and west. Staff Suggestion: Evidence in the record suggests that
the proposed use, if developed according to the
S-606, 09/12 3 plan, will not be in harmony in the area in which it is to be located. The proposal offers a stark contrast to the existing residential character surrounding the property.
The intent of the proposed business is to provide a drive-thru convenience store option in an otherwise residential area. Staff Conclusion: Proposed findings of fact indicated that the
proposed project does not meet the required findings necessary for a Special Use Permit. Suggested Staff Conditions (if Planning Board recommends approval) Obtain a driveway permit from
NCDOT. Require Low level lighting around the facility. Limit hours of operation. Do not allow the sale of gasoline. Require dumpsters to be screened from view and located such that noise
impacts to adjacent residential communities can be minimized.
CaseS606(09/12) SpecialUsePermittoconstructaconveniencestoreinanO&IOfficeandInstitutionalZoningDistrict PetitionSummaryData ParcelLocation�
�&Acreage:5111CarolinaBeachRoad,1.69acres Owner/Petitioner:PalayInvestments,LLC ExistingLandUse:Vacant ZoningHistory:Area4(April7,1971)
LandClassification:Urban WaterType:Public SewerType:Public RecreationArea:ArrowheadPark Access&TrafficVolume:CarolinaBeachRoad
Average Daily Trips (ADT) on Carolina Beach Road (Just North of Antoinette Drive) have decreased from 34,842(2010)to29,835(2011) FireDistrict:New
HanoverCountySouth Watershed&WaterQualityClassification:MottsCreek AquiferRechargeArea:Primary(blendofCastleHayne&PeeDeeAquifers)
Conservation/Historic/ArchaeologicalResources:None Soils:Stallings SepticSuitability:Marginal Schools:CodingtonElementary
APPLICANT MATERIALS