Loading...
HomeMy WebLinkAbout200605 May PBM NOTICE OF PUBLIC HEARING New Hanover County Planning Board May 4, 2006 The New Hanover County Planning Board met Thursday, May 4, 2006 at 5:30 p.m. in the County Court House, 24 North Third Street, Wilmington, NC to hold a public meeting. Members Present: Staff Present: Walter Conlogue, Chairman Dave Weaver, Acting Planning Director David Adams Sam Burgess, Planner Sue Hayes Karyn Crichton, Administrative Specialist Robin Robinson Holt Moore, Assistant County Attorney Kenneth Wrangell Chris O'Keefe, Senior Planner Chairman Walter Conlogue opened the meeting by welcoming the audience to the public hearing. Sam Burgess led the reciting of the Pledge ofAllegiance. Walt Conlogue announced that item #6, subdivision Appeal by Robert Calder for Secof to appeal the decision of the County's Technical Review Committee (TRC) to deny Nautical Green Subdivision for 35 lots (SA-26) had been withdrawn from the agenda and would be heard at the June Planning Board meeting. The approval of the April Planning Board minutes were postponed until June to allow time for review. Item 1: Rezoning-Request by Cindee Wolf for GSSC Properties to rezone approximately 2.46 acres from R-15 Residential and 0&1 Office and Institution to CD (B-2) Conditional Use Highway Business District in 4800 block of Carolina Beach Road (Z-840, 05/06). Sam Burgess presented the slides and gave a brief overview of the site's history, land use, zoning, and related information. Cindee Wolf representing GSSC Properties stated that this project is well suited for Carolina Beach Road because of accessibility and location. Ms. Wolf described the proposed commercial building style and showed a photo of a similar style building. Ms. Wolf explained that her client is applying for CD (B-2) zoning because the project did not meet the acreage requirement of CD (B-1) zoning. Additionally, Ms. Wolf stated that the buildings will be flex-office space for low-intensity business and listed approximately ten business types that would be allowable under the conditional use permit. Debbie Wilson adjacent property owner spoke in opposition to the CD (B-2) rezoning because of traffic and safety concerns. Ms. Wilson stated that the project would increase traffic and endanger pedestrian and bicycle traffic along Horn Road given there are no lines or streetlights on Horn Road. Additionally, the intersection of Horn and Carolina Beach Road is prone to many accidents and left hand turns are very difficult. Ms. Wilson submitted into public record a petition of 58 neighbors in opposition to the rezoning. Karen Downing, adjacent property owner spoke in opposition to the rezoning. Ms. Downing requested that the area remain undeveloped and suggested the project relocate to a pre-existing vacant commercial space. Cindee Wolf stated in her rebuttal that two-thirds of the property is currently zoned O&I thus, some type of non-residential entity will eventually go there. David Adams inquired if the plans required Horn Road as access and Cindee Wolf replied that they have included it as access in their plan, although NCDOT does not require it. Sam Burgess provided the staff summary and findings: STAFF SUMMARY The subject property is located in the northwest corner of Horn and Carolina Beach Roads and consists of three (3) parcels of property. Two of the parcels of property were rezoned to O&I Office and Institution in July 2002. Presently the property is vacant. Road frontage along Carolina Beach Road is approximately 300 feet and 280 feet along Horn Road. Residential land uses surround the north and west portions of the property. An existing B-2 High Business District is located across from the subject property to the south and east. The applicant's proposed site plan design displays a curb cut, at Carolina Beach Road and Horn Road. Horn Road at Carolina Beach Road has a median crossing for traffic heading north. Two "flex" office retail structures containing a total of 17,500 square feet along with adequate parking is also proposed. The property does not contain conservation resources and is not within the 100 year flood zone. The applicant's request to rezone the property from largely O&I to CD (B-2) could be considered a logical extension to the existing B-2 zoning district to the south and east. However, given the residential character of Horn Road and several properties still fronting along Carolina Beach Road and the potential for higher density residential uses in this area, staff recommends that the property remain O&I Office and Institution to provide a good transition between the residential land to the north and commercial property to the south. County policies also discourage the stripping out of major highways for commercial development. Preliminary Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject properly is located within the Myrtle Grove VFD. B. Public water and sanitary sewer will serve the site. C. The subject property is not located in a 100-year floodplain. D. Access to the site is from Carolina Beach Road and Horn Road. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The site is located in an O&I Office and Institutional Zoning District. B. A is an allowed use in a B-1 (CD) Neighborhood Conditional Use Zoning District C. The site plan meets the requirements of the zoning ordinance for parking, but does not show the requirements for setbacks, buffers, landscaping. 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 presented that the proposed use will 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 2005 updated New Hanover County Comprehensive Plan classifies the site as Urban. Sue Haves inquired about the conditions of Horn and Carolina Beach Road and what was the Level of Service (LOS). It was stated that the LOS of Carolina Beach Road is "E." Robin Robinson asked Ms. Wilson and Ms. Downing if they would be amenable to rezoning two-thirds of the property B-2 and one-third of the property O&I thereby leaving an O&I buffer between their property and the B-2 zoning. Debbie Wilson stated that the neighborhood is opposed to any B-2 zoning. Walt Conlogue stated that he would consider a request to rezone all three parcels O&I but not B-2. Sue Haves made a motion to recommend denial of the conditional use rezoning. Ken Wrangell seconded the motion. The Board voted 3-2 (Conlogue and Robinson) to recommend denial of the request Item 2: Special Use Permit- Request for a Special Use Permit by Our Child's World Daycare Center to expand an existing daycare center from 5 children to 10 children at 501 Manet Road (S-557, 05/06). Sam Burgess presented the slides and gave a brief overview of the site's history, land use, zoning, and related information. LaDonna Sansevero petitioner, stated that she is requesting a special use permit so that she may expand her childcare center from 5 to 10 children. Ms. Sansevero stated that she is a licensed daycare provider and has operated a daycare for 10 years. Ms. Sansevero stated that she has no intentions of becoming a big daycare center but rather a small daycare provider, operated from her house. No one spoke in opposition to the item. Sam Burgess provided the staff findings: Preliminary Staff Findings 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. County water and sewer serve the property. B. The property accesses Carolina Beach Road, an identified arterial, by Antoinette Drive an identified collector. C. Fire Service is available from the Myrtle Grove Fire Department. D. The property is located near an identified AE floodway for Mott's Creek 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-10 Residential. B. Off-street parking requirements are not met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. Employee parking exists, but not a designated area for drop-off and pick-up of children. C. The entire play area is in an enclosed fence with a minimum height of four feet. D. The applicant states the day care is licensed by the State of North Carolina. E. No outside on-premises signs currently exists. 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. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 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 this area as Urban and Conservation. B. Policies in the Comprehensive plan support providing additional services for the special needs population, the elderly as well as for children. Suggested Conditions: 1. Parking and circulation needs to be shown on the site plan. The Board asked the petitioner to include a circular driveway and off-street parking on the site plan and Ms. Sansevero agreed. Robin Robinson made a motion to recommend approval of the item with staff's conditions to include off-street parking and a circular driveway on site plan. David Adams seconded the motion. The Board voted 5-0 to recommend approval of the item. Item 3: Special Use Permit- Request for a Special Use Permit by Brad Dunker and Sharon Walker for a Daycare Center located at 547 Sanders Road (5-558, 05/06). Sam Burgess presented the slides and gave a brief overview of the site's history, land use, zoning, and related information. Mr. Burgess stated to the north of the property, a major subdivision is planned. Shawn Burch, with Secof construction representing the petitioners stated that they are requesting a special use permit for a child daycare center. Mr. Burch distributed site plans to the Board; stated the project meets county zoning ordinances; and described the project's buffers. Mr. Burch submitted a traffic impact analysis to NCDOT for recommendations and stated that Sanders Road can accommodate an increase in traffic. Mr. Burch stated that the project will increase adjacent property value and is in accordance with the county's comprehensive plan. Dr. Katie Graham Canty spoke in opposition to the project because of increased traffic, environmental concerns, and the close proximity of the proposed daycare center to her residency. Dr. Canty stated that she did not want a business next door and was concerned that the daycare center could be sold and replaced with another type of business. Walt Conlogue clarified that if this request is granted, a daycare center was the only business type allowable under this special use permit. Shawn Burch stated in his rebuttal that there will be a landscaped and fence buffer around the entire property and that the building will be setback 80 feet from Sanders Road. There was Board discussion regarding the distance between the daycare center and Dr. Canty's property. Dr. Canty requested that building be moved further away from her property. There was discussion regarding whether a retention pond or an underground pond would be placed on the western portion of the property. Sam Burgess provided the staff findings: Preliminary Staff Findings 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. C. County water and sewer will serve the property. D. The property accesses Carolina Beach Road, an identified arterial, by Sanders Road an identified collector. E. Fire Service is available from the Myrtle Grove Fire Department. F. The property is not located in a flood hazard area. G. NCDOT traffic engineering department did not require a Traffic Impact Analysis. H. Parents may be able to combine trips with the elementary school. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. 1. The property is zoned R-15 Residential. J. Off-street parking requirements are met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. K. The entire play area is in an enclosed fence with a minimum height of four feet. L. The applicant states the day care will licensed by the State of North Carolina. M. Section 72-20 states that the sign dimension limits, if located on a collector or arterial, can only have maximum size of 12 square feet (i.e. 3 X 4). The site plan shows a sign 32 square feet (4 X 8). N. The site plan does not meet the requirements of Section 67-10 street yards. No street yard is on the site plan. 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. 0. Similar type facilities exist in other residential districts in New Hanover County. P. No evidence has been submitted that this project will decrease property values of residents who live nearby. 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. Q. The 2006 Land Use Plan Update identifies this area as Urban. R. Policies in the Comprehensive plan support providing additional services for the special needs population, the elderly as well as for children. S. Bellamy Elementary School is located adjacent to the proposed site. Suggested Conditions: 1. Staff recommends the traffic circulation plans be approved by NCDOT. 2. Staff recommends that the site plan include street yard and buffer yard and setbacks around the perimeter of the property. The petitioner stated that he was in agreement with staff findings and recommendations. Dave Adams stated that the land is suitable for developing and suggested that the petitioner consider an underground infiltration system on the western third of the property. Sue Haves inquired what the level of service (LOS) was on Sanders Road. Mr. Burgess stated that the LOS on Sanders Road is A/B. There was discussion regarding the extension of Sanders Road and what effect future development would have on Sanders Road. Robin Robinson inquired about the location of the parking lot and the buffer. Dave Adams made a motion to recommend approval of the special use permit with st6aff conditions. Robin Robinson seconded the motion. The Board voted 5-0 to recommend approval of the item. Item 4: Text Amendment- Request by Jussara Bastos to amend the New Hanover County Zoning Ordinance to allow a Bed and Breakfast in an R-15 Residential Zoning District by Special Use Permit (A-349, 05/06). Chris O'Keefe provided the staff summary and listed the recommended additional restrictions to be imposed on bed and breakfast inns. There was discussion among the Board and Planning Staff regarding the additional restrictions. It was decided that the additional restrictions section of the zoning ordinance (72-39) would read as follows: Section 72: Additional Restrictions Imposed on Certain Special Uses 72-39: Bed and Breakfast Inn- A Bed and Breakfast Inn maybe permitted in an R-20S, R-20, R-15, AR or RA residential zoning districts provided: 1) A minimum of one off-street parking space per bedroom. 2) One off-street parking space per non-resident employee. 3) No lighting beyond normal residential lighting. 4) The only sign allowed is a sign no greater than 4 square feet and must be an attached wall sign. Lewis Martin, co-applicant, stated that they are requesting a text amendment to the county's zoning ordinances to allow for a bed and breakfast in a residential area. Mr. Martin explained his plans for a bed and breakfast off Castle Hayne Road. Sue Haves inquired whether buffer requirements should be added to the amendment. It was stated that buffer requirements could be specified on an individual basis when issuing special use permits. Robin Robinson made a motion to recommend approval of the zoning text amendment with the Planning Staff's recommended restrictions. Sue Hayes seconded the motion. The Board voted 5-0 to recommend approval of the item. Item 5: Text Amendment- Request to amend the New Hanover County Flood Ordinance to reflect changes in the requirements for administering future flood conditions (A-350, 02/06). Chris O'Keefe presented the revisions to the Flood Damage Prevention Ordinance. Mr. O'Keefe stated that approximately 263 properties along Smith Creek have been identified asFuture Conditions Flood Hazard Areas and those property owners will receive written notification. Mr. O'Keefe presented comments submitted by Ed Curtis, engineer with the Floodplain Management Branch for North Carolina Division of Emergency Management and asked that the Planning Board consider these revisions in conjunction with the Future Conditions Flood Hazard Areas. Ann Hines, Chief Zoning Official for New Hanover County answered technical questions and explained what the shading on the map represented and clarified the new terminology (AE, AEFW, SHADED X, VE) referenced on the map. Sue Haves made a motion to recommend approval of the text amendment including the revisions submitted by Mr. Cutis. Robin Robinson seconded the motion. The Board voted 5-0 to recommend approval of the item. Item 6: Subdivision Appeal- Request by Robert Calder for Secof to appeal the decision of the County's Technical Review Committee (TRC) to deny Nautical Green Subdivision for 35 lots (SA-26, 04/06). This item was withdrawn from the agenda and continued until the June meeting. Chris O'Keefe gave an update regarding the proposed administrative process for a traffic plan review for non-residential development. Mr. O'Keefe distributed the City of Wilmington's current procedures for development and stated that the County is proposing a model similar to the City of Wilmington's in that the footprint for review be a minimum of 10,000 square feet. There was discussion among the Board and Planning Staff regarding the implementation and legalities of the proposed administrative traffic review. The Board scheduled a work session for May 17, 2006 to discuss the details of an administrative process for traffic plan review on non-residential projects generating 100 peak hour trips or 10,000 square feet. Sam Burgess gave an update on the Technical Review Committee's activity for the month of April 2006. The Technical Review Committee (TRC) reviewed eight performance residential developments: 1. Carrington Woods-The TRC voted 4-0 to approve Carrington Woods subdivision with conditions. 2. Walnut Hills-The TRC took no action on the remaining lots at Walnut Hills subdivision and is awaiting a new preliminary site plan based on regulatory changes. 3. Covil Crossing-The TRC voted 4-0 to approve Covil Crossing for an additional year with conditions. 4. Lake Brewster-The TRC voted 4-0 to continue the item until the NCDOT submitted a written response regarding the installation of sidewalks by the right of way. Mr. Burgess stated that this case illustrates the deficiencies within performance residential projects having no front yard setback requirements and the placement of sidewalks. 5. North Kerr Industrial Park-The TRC voted 4-0 to continue the item until adequate traffic impact analysis is completed. 6. Gordon Road Station-The TRC voted 3-0 to approve 29 units with conditions. 7. Deer Crossing-The TRC voted 3-0 to grant a 1-year extension for 159 lots. 8. Forest Creek at Porters Neck-The TRC voted 3-0 to re-approve the plan for 2- years. Mr. Burgess stated there would not be a TRC meeting on May 10, 2006. Being of no further discussion, Dave Adams made a motion to adjourn the meeting. Sue Haves seconded the motion. The meeting adjourned at 7:40 PM