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HomeMy WebLinkAbout200705 May PBM MINUTES OF THE NEW HANOVER COUNTY PLANNING BOARD MAY 3, 2007 The New Hanover County Planning Board met Thursday, May 3, 2007 at 5:30 p.m. in the County Court House, 24 North Third Street, Wilmington, NC to hold a public meeting. PLANNING BOARD PRESENT: STAFF PRESENT: Paul Boney, Chair Chris O'Keefe, Planning Director David Adams Sam Burgess, Principal Development Planner Melissa Gott Kemp Burpeau, Deputy County Attorney Sue Hayes Karyn Crichton, Administrative Specialist Jane Daughtridge, Senior Planner Sharon Huffman, Assistant County Attorney Paul Bonev opened the meeting by welcoming the audience to the public hearing and led the reciting of the Pledge of Allegiance. Sue Haves made a motion to approve the April minutes with additions. Dave Adams seconded the motion. The Planning Board voted 4-0 to approve the minutes. Item 1: Conditional Rezoning (Z-861, 4/07) - Request by Shanklin and Nichols, PA for ACI-Pine Ridge, LLC to rezone approximately 16.2 acres located off N. Market Street at Porter's Neck Rd. in the Transition and Wetland Resource Protection Land Classifications from B-1 Neighborhood Business zoning district to CD(B-2) Conditional District Highway Business to locate a building materials and garden supplies use. Continued from the April 5, 2007 meeting. Ken Shanklin, an attorney representing the petitioner asked the Board to continue the item for one month to revise the site plan. The Planning Board voted 4-0 to allow the item to be continued for one month. Paul Bonev stated to Mr. Shanklin that postponing the item is an inconvenience for many people and that he should be ready to present neat month. Item 2: Conditional Rezoning (Z-863, 5/07) - Request by Withers & Ravenel for Dajo Corporation to conditionally rezone approximately V2 acre located at 5705 Carolina Beach Road adjacent to existing B-1 neighborhood business district and in the Transition land classification from R-15 Residential District to CD(B-1) Conditional District Neighborhood Business with a potential range of 19 commercial uses proposed. Jane Daughtridge presented slides of the property and gave a brief overview of the site's history, land use, zoning, level of service (LOS), and related information. Ms. Daughtridge showed the proposed site plan and stated that uses would be restricted to hardware, general merchandise, and retail. Ms. Daughtridge provided the following staff summary: STAFF SUMMARY The subject property is located in the southern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is on Carolina Beach Road just south of Monkey Junction. Carolina Beach Road is a divided, multilane, major arterial roadway. Level of service along this segment has been rated F, meaning traffic volume exceeds design capacity. The subject property is residential with a dilapidated, unoccupied structure. Adjacent use to the south is zoned B-1 with existing commercial uses. To the north is residential development on Rosa Parks Lane. This property has an access to Rosa Parks Lane, an unimproved residential street, but frontage is on Carolina Beach Road. The subject property is located within the Seabreeze watershed drainage area. The property is not influenced by flood hazard. Water and sewer will be accommodated by well and septic tank. As a condition for rezoning, the applicant proposes that the use will be restricted to hardware, general merchandise, or retail as allowed under B-1 Neighborhood Business zoning. All other minimum requirements of local, state and federal rules must be met. In accordance with Section 59.7-2(2) of the ordinance, no use is allowed in a conditional district except by special use permit. A companion special use permit will bind the property to the proposed range of uses and site plan if approved. Chris O'Keefe provided traffic information and land use plan considerations relative to the property and stated that staff recommends approval of the conditional rezoning with the condition that if vehicular access is connected to Rosa Parks Lane, the developer must pave Rosa Parks Lane from the point of access to Carolina Beach Road. Mr. O'Keefe provided the findings of fact: Land Use Plan Considerations This conditional rezoning petition proposes a change from residential use to conditional neighborhood business uses. Between 2001 and 2005, average daily traffic volume just north of the site increased by about 25%. A Traffic Impact Analysis was not prepared for this project. The highest peak hour traffic projection from the list of potential uses is estimated to generate approximately 19 peak hour trips. The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing 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. Based on the foregoing, this proposal would appear to be consistent with the goals and policies of the land use plan. Staff recommends approval. PRELIMINARY STAFF FINDINGS FOR THE COMPANION SPECIAL USE PERMIT: 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. Private well water will serve the property. B. A private septic system will serve the project C. The property accesses an identified arterial. D. Traffic counts increased by about 25% in the vicinity of this site between 2001 and 2005. E. Fire Service is available from the Myrtle Grove FD. F. The property is not located in a flood hazard area. G. Stormwater retention must meet the design standards of the County's storm water ordinance. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential District. This request is made concurrent with conditional rezoning to B-1 Neighborhood Business District. B. The proposed use is limited to hardware, general merchandise or retail uses as listed on the site plan within one building of approximately 3,500 sq. ft. gross floor area. C. Petitioner proposes 9 off-street parking spaces, adequate to accommodate the range of uses listed based on 1 space per 400 sq. ft. of floor area. D. Traffic access will be via Carolina Beach Road on a shared driveway with the adjacent use to the south. 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 adjacent parcels. B. Stormwater management must perform in compliance with the requirements of the County ordinance. 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 identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services. Staff suggested conditions: 1. Staff recommends that if vehicular access is connected to Rosa Parks Lane, the developer must pave Rosa Parks Lane from the point of access to Carolina Beach Road. 2. Staff finds these findings of fact to be positive. Cindee Wolf landscape architect, representing the property owner and the owner of Discount House stated that the application for a conditional use rezoning is to accommodate an expansion of Discount House. The conditional use B-1 rezoning would be limited to hardware, general merchandise, and retail uses. Ms. Wolf further stated that access would not be provided from Discount House to Rosa Parks Lane. David Adams inquired where the well and septic system would be located and in what type of soil. Cindee Wolf stated that the new building would conceivably connect to the existing system but that there is ample space for a septic and well system if connection could not be made to the existing system. Ms. Wolf further stated that either scenario would be subject to environmental health approval. Sue Haves inquired if the narrow L-shaped strip in the back of the property was included in the rezoning. Ms. Hayes expressed concern regarding the aesthetics of the building and along Carolina Beach Road in general. Ms Hayes inquired about the buffer requirements. Cindee Wolf stated that the back strip was not included in the rezoning and would remain residential zoning. Ms. Wolf described the landscaping and buffer details; Ms. Wolf offered to accept a gable roof as a condition to the rezoning if that would satisfy Ms. Hayes' concerns regarding aesthetics. No one spoke in opposition to the item. Melissa Gott made a motion to recommend approval of the item with the condition that access be prohibited to Rosa Parks Lane and the building have a minimum of 4:12 pitched roof. David Adams seconded the motion. The Planning Board voted 4-0 to recommend approval with conditions. Item 3: Rezoning (Z-864, 5/07) - Request by Withers & Ravenel for Carotel, LLC, Clyde Dinkins, Michael Dinkins, Melvin Dinkins, and Claude Taylor to rezone approximately 16.45 acres located at 511, 600, 613, 615, 618, 622, & 625 Vallie Lane in the Urban land classification from R-15 Residential District to R-10 Residential District. The change would change residential density from 2.5 to 3.3 units per acre. Jane Daughtridge presented slides of the property and gave a brief overview of the site's history, land use, zoning, level of service (LOS), and related information. Ms. Daughtridge provided the following staff summary: STAFF SUMMARY The subject properties are located in the southern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The properties are west of Monkey Junction and accessed by local streets. The nearest arterial would be Carolina Beach Road, which carries a Level of service F, meaning traffic volume exceeds design capacity. The subject properties in "Tract A" are vacant. "Tract B" is currently in use as a riding stable and residential area. To the north and west of the area, single family residential subdivisions are either in place or preliminarily approved. Strip commercial uses dominate the area east of the site and fronting on Carolina Beach Road. The subject properties are located within the Mott's Creek watershed drainage area and are not influenced by flood hazard. The site is in a primary recharge area for the principal aquifers. The petitioners note that extension of urban services and road improvements would be necessary for subsequent development proposals. Chris O'Keefe provided traffic information and land use plan considerations relative to the property. Land Use Plan Considerations This rezoning petition proposes a change from lower density R-15 residential use to higher density R-10 residential use. Interconnectivity with existing subdivisions is reasonably good in this area. Traffic can ultimately feed onto Carolina Beach Road by any one of several local routes that lead to Antoinette Drive, Silver Lake Road, Silva Terra Drive, Julia Lane, and Lobos Lane. Additional interconnectivity will be available in the future through the Village at Mott's Landing to River Road and Sanders Road as well. Between 2001 and 2005, average daily traffic volume along Carolina Beach Road increased by about 25%. The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing 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. Public services are available within reasonable proximity to this area. However, a recent moratorium on sewer connections to the Southside plant could impact the timing of potential development. Based on the foregoing, this proposal would appear to be consistent with the strategies for the Transition classification. Staff recommends approval. Cindee Wolf landscape architect, representing the property owners, stated that the rezoning request is appropriate given the availability of water and sewer and surrounding R-10 zoning. Ms. Wolf stated that the owners of the properties situated between the proposed rezoning, do not object to the rezoning nor want to be included. Ms. Wolf further stated that the project is an extension of adjacent subdivisions and would provide interconnectivity. There was discussion if the property owners situated between the proposed rezoning, objected to the rezoning and if the rezoning would affect their use. It was stated that they could object before the County Commissioners' hearing and that the rezoning would not affect their use. Sue Haves expressed concern regarding traffic along Carolina Beach Road and asked how much additional traffic would be generated by the rezoning. Melissa Gott asked the condition of John Henry Drive and the access route for the proposed development. Cindee Wolf stated that John Henry and Vallie Lane were both unimproved and that primary access would be through the existing subdivision. No one spoke in opposition to the item. Melissa Gott made a motion to recommend approval of the item. David Adams seconded the motion. The Planning Board voted 4-0 to recommend approval. Item 4: Modify Conditional District (Z-696 3100; 10/05; Modification 5/07) - Request by Withers & Ravenel for Monkey Junction Mini Storage to modify an existing conditional district in the Urban Land Classification located at 5044 Carolina Beach Road to add a vehicle washing facility use to the site plan and to increase the size of an approved commercial and office storefront shown on the companion Special Use Permit by approximately 4,500 sq. ft. in a CD(B-2) Conditional District. Jane Daughtridge presented slides of the property and gave an overview of the site's history, land use, zoning, level of service (LOS), and related information. Ms. Daughtridge provided the following case history: ZONING CASE HISTORY: In March 2000, the petitioner submitted a rezoning request for several parcels to the north and south of the subject property totaling approximately 20.5 acres and having 1600 feet of frontage on Carolina Beach Road. Staff recommended denial of that request and after some discussion at the public hearing the petitioner returned in June 2000 with a modification that included a conditional use rezoning for a smaller portion of the overall request. The Planning Board recommended approval of the Conditional Use B-2 proposal with certain conditions. The 2000 site plan identified 88,977 s.f. of storage, 16,000 s.f. of office and 8,800 s.f. of commercial area. The CD(B-2) rezoning was approved by the Board of Commissioners in July of 2000 for mini- storage and specified commercial uses, with the following four recommended conditions: 1) Provide a 20' buffer yard to the rear or western portion of the property. 2) Fencing around the storage buildings will be estate type fencing with brick columns. 3) Lighting for the facility will be unobtrusive down lighting. 4) The Uses for the front two buildings (labeled 16,000 s.f. and 8,800 s.f. office) are limited to the attached list of uses as presented. In November of 2005, the Board of Commissioners approved a revision of the original conditional district site plan, allowing the applicant to increase the warehouse storage space to a total of 104,700 s.f.; re-oriented the buildings on the site plan; and reduced the size of the commercial and office buildings from atotal of 24,800 s.f. to 14,136 s.f. Uses and other conditions of the original approval were not modified. Chris O'Keefe cited the differences between the approved and proposed site plan. Mr. O'Keefe provided the following staff summary: STAFF SUMMARY: The petitioner is now requesting another revision to the current Conditional Use Site Plan. The following table is a comparison of the two site plans; Approved Site Plan Proposed Modifications Storage = 104,700 s.f. +17,400s.f. 122,100 s.f. Office/Res. = 2.024 s.f. 2.024 s.f. Office/Commercial = 9,564 s.f. -0-s.f. Garage = 2,548 s.f. 2,548 s.f. Add Carwash -0- 3,408 s.f. Total = 118,836 s.f. 130,080 s.f. Increase 11,244 s.f. The proposed revision significantly redefines the originally approved mixed use proposed and adds a carwash use not originally included on the list. The overall increase in square footage from the original project is about 25%. The surrounding land uses are primarily residential with some commercial further north and some commercial to the south. The commercial districts in the area generally occur where main subdivision roads intersect Carolina Beach Road. Similarly, the subject property is adjacent to the main entrance to Archmill Place, which is a subdivision to the west of the subject property and provides a connection to other residential areas further to the west. This plan changes the original mix of uses proposed along the Carolina Beach Road frontage, which could have provided useful goods and services for the adjacent neighborhood as well as break up the view of mini warehouse buildings. It further proposes to move the decorative fencing behind the proposed carwash facility, creating a less aesthetically pleasing visual impact on the surrounding area and a potential for imposing nuisance components such as noise, light, blowing water and trash. Also, removing the commercial component of the original proposal diminishes the overall potential to provide commercial benefit for the immediate area Staff believes the square footage of the facility, as currently approved (118,836 s.f) should not be expanded but would support transitioning the square footage allocated to the southernmost commercial building (6,372 s.f) from commercial to storage use provided bays open only toward the southwest and architectural details provide an appearance of a front fagade along Carolina Beach Road rather than a building back wall. Staff does not support adding a carwash facility to this location, but if approved, strongly suggests a condition that the existing fencing must remain in place along the highway frontage and adjacent property line and that no additional signage should be allowed. Also, if this proposal is approved, the site plan should reflect the reduction in the list of uses on the originally approved list to include only storage, carwash and office/residential unit. The original conditions of the Special Use Permit relating to setbacks, buffering, lighting, fencing and architectural details should continue and become a part of this revised Site Plan. Mr. O'Keefe clarified that the decorative fencing would remain around the carwash. Cindee Wolf landscape architect, representing the owners of the Monkey Junction Self-Storage summarized the proposed changes to the site plan including the addition of a car wash. Ms. Wolf stated that the request to change the use from offices to storage and car wash would be less of an impact on traffic and no impact on the sewer system. Ms. Wolf also stated that the car wash is environmental friendly and operates on recycled water. Ms. Wolf showed slides of the storage facility and stated that it is aesthetically appealing. Alton Lennon an attorney, attested to the quality of the construction and materials of the storage facility. Mr. Lennon further stated that the market justifies the expansion of the facility and final phase of the project. No one spoke in opposition to the item. Chris O'Keefe asked how the carwash recycles its water. Archie McGirt explained the process stating that the carwash recycles approximately 85-90% of the water it uses. There was discussion of the rod iron fence, palm trees, and landscaping buffer. It was stated that the fence would remain. Sue Haves asked staff to explain why it does not support increasing the facility's square footage. Jane Daughtridge explained that the original conditional use permit was approved in relation to a specific site plan and only minor changes should be permitted. Paul Bonev inquired if less traffic would be generated by a carwash compared to an office. Jane Daughtridge stated that there is no traffic data associated with the original approved plan but that a carwash should not create more traffic than retail business. Paul Bonev applauded Archie McGirt's facility and stated that it is architecturally appealing. David Adams stated that given changing business conditions, he believes Mr. McGirt should be allowed to expand his business. Dr. Adams made a motion to recommend approval of the item for storage, office/residential, and carwash and eliminating the staffs recommendation that the square footage not be increased. Melissa Gott seconded the motion. Melissa Gott asked for clarification regarding the staff s recommendation for a reduction in the list of uses on the applicant's site plan. Jane Daughtridge explained that a list of permitted uses for the office/commercial components was attached to the 2000 site plan and should be limited to only storage, office/residential, and carwash given the proposed modification. Sue Haves expressed concern regarding the current procedure in which modifications can be requested to previously approved site plans and stated that she would vote against recommending the item for approval. The Planning Board voted 3-1 (Hayes) to recommend approval of the item. Sam Burgess provided an update of the Technical Review Committee's (TRC) activity for the month of April: 1. Deer Crossing - The TRC voted 3-0 to extend the preliminary approval for an additional year. 2. Registry at Vineyard Plantation - The TRC withdrew its requirement that private wells be implemented; the project received approval to utilize public water. 3. Waterstone - The TRC voted 3-0 to approve a one-year time extension with conditions. 4. Sellers Cove - The TRC voted 3-0 to approve the project for 99 units with conditions. 5. Laurenbridge - The TRC voted 4-0 to continue the item until confirmation from the City of Wilmington was received providing water to the project. Sam Burgess stated that the TRC would meet next on May 9, 2007. Sue Haves commented that the proposed procedures to establish higher standards of review of traffic impacts for non-residential development projects was still outstanding. Chris O'Keefe stated that a work session would be scheduled after Paul Boney's replacement is appointed to discuss the review process for non-residential projects and to determine whether to hold quarterly work sessions with the County Commissioners to discuss teat amendments. Chris O'Keefe thanked Paul Boney for his service on the Board and stated that the Planning Board meetings for the months of June, July and August would be held at the Government Center in the Human Resources Training Room. Paul Boney thanked everyone in return. The meeting adjourned at 7:10 p.m.