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HomeMy WebLinkAbout200502 Feb PBM MINUTES OF THE NEW HANOVER COUNTY PLANNING BOARD MEETING December 1, 2005 The New Hanover County Planning Board met Thursday, December 1, 2005 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 Dexter Hayes, Planning Director David Adams Steve Candler, Senior Planner Sue Hayes Sam Burgess, Planner Robin Robinson Linda Keough, Administrative Secretary Sandy Spiers Holt Moore, Assistant County Attorney Frank Smith Kenneth Wrangell Chairman Conlogue opened the meeting by welcoming those present to the public hearing. Chairman Conlogue led the reciting of the Pledge of Allegiance to the Flag. Chairman Conlogue proceeded with the approval of the minutes. Robin Robinson made a motion to approve the November minutes. Kenneth Wrangell seconded the motion. The Board approved November 3, 2005 minutes by a vote of 6-0. Item 1: Special Use Permit (Remanded to Planning Board by the Board of Commissioners 11/07/05 - Request by Blanchard Jenkins et al for Cingular Wireless to consider a Special Use Permit to locate a telecommunications facility (172' monopole) in an R-15 Residential District located at 1540 Murray Farms Road. (S- 537,09/05) Karen Prather, representing Cingular Wireless explained why the suggested co-locations would not work for coverage for various areas in the northern part of the county. Jason Malak, resident of the Murray Farms Subdivision, stated that all 40 homes in his subdivision will be able to see the tower. He asked for a third party radio frequency engineering firm to come to the site and inform if co-locating can be done. Karen Prather stated that it makes financial sense for Cingular to co-locate where possible since it is much cheaper. Dexter Hayes stated that staffs findings had not changed and that staff had some concerns that the facility may impede on future residential development adding that staff suggests that there be a 25' landscape buffer placed around the site. c: PB Mtg 2005/pbdecemberminutes05 1 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 No water and sewer service will be needed by this communication facility. B The subject property is not located within a 100-year flood area. C Access to the facility will be from Murrayville Road through Murray Farms Road (public) and a 12' gravel drive running inside a 30' access easement. D The tower will be setback on the site approximately 186' from the nearest property line. E The tower compound area (10,000 square feet) will be secured by an 8' high chain linked fence topped with 3 strands of barbed wire at the top. F The fenced compound (6,400 square feet) will be surrounded by an existing densely wooded area. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A The tower site is zoned R-15 Residential. Telecommunication facilities are permitted by Special Use Permit in residential zoning districts. B The proposed tower will be in compliance with all FCC requirements. C All towers, antenna or related structures locating in residential zoning districts shall be located a distance equal to the height of the tower from any residential dwelling as measured from the base of the tower. D The proposed tower (172') will meet all setback requirements. The nearest property line is approximately 186'. E The nearest residential structure is 238' from the base of the tower. F The tower will be constructed to accommodate co-location. (At least 3 additional providers) G A 25' buffer of existing trees will be preserved around the perimeter of the fenced compound. H An affidavit has been submitted by the applicant verifying the need for the placement of a new tower facility. 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 Expansion of wireless telecommunication services can enhance emergency communication during severe weather situations. C No evidence has been submitted that this tower compound will decrease property values or exist as a health hazard to 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 c: PB Mtg 2005/pbdecemberminutes05 2 to be located and in general conformity with the plan of development for New Hanover County. A The 1999 Land Use Plan identifies this area as Urban Transition. B No County regulated conservation or historic resources have been identified on site. Frank Smith asked who would pay the third party for the study. Mr. Malak stated that it is normally paid by the applicant such as Cingular Wireless. Sue Hayes stated her concerns regarding notification of surrounding property owners. She added that she felt that it should be increased in the future. Ms. Prather stated that Cingular Wireless notified 32 adjacent property owners and had a community meeting in addition to the Planning Department's notification. She also stated that Cingular Wireless is willing to install a pine tree or mono pine type structure. Dexter Hayes stated that the Board might want to consider doing the flush mounted antennas rather than the pine tree look. Robin Robinson asked Ms. Prather if the pole would be flush mounted. Ms. Prather replied that they had not considered that due to the coverage limitations. Robin Robinson asked Attorney, Holt Moore for his opinion regarding the procedure for remanding a particular issue for an item that has already received approval. Mr. Moore replied that they could simply offer a recommendation regarding the co-location question. Robin Robinson made a motion to reiterate the approval of the petition with staff recommendations and find on remand that the petitioner has satisfied the Commissioners' request to demonstrate that the other co-location sites would not fit their service needs. Frank Smith seconded the motion. The Board approved the motion with a vote of 6-0. Item 2: Rezoning/Conditional Use (cont'd from 11/03/05 PB Mtg) - Request by Joe Taylor for William Ambrose to rezone two tracts of land totaling approximately 4.0 acres of property located at 6631 & 6639 Gordon Road from O&I Office & Institution to CD (I-1) Light Industrial. (Z-820, 11/05) Sam Burgess gave a brief review of the request, agency comments and related information. Joe Tavlor stated that a similar project came before the Board about a year and a half ago and since then they have made many revisions and have reduced the size by 25 units. He added that there would be limited hours of operation, an 8' high fence adjacent to Farrington Farms, lighting confined to the site, and significant trees saved. Nancy Leniarz. 7002 Daybreak Lane in Farrington Farms, spoke on behalf of her neighborhood stating that they are opposed to the rezoning. She added that the fence on Ogden Park Drive was supposed to have more of an estate look to it and an 8' wooden fence with cement or stucco enhancements were to be placed on the backside of the property along Farrington Farms Subdivision. She also suggested that the applicant meet with the Farrington Farms Homeowners' Association. Her issues of concern were: c: PB Mtg 2005/pbdecemberminutes05 3 Endangering public health & safety because of the traffic. The use does not meet the required conditions and specifications It will substantially injure adjoining and abutting properties It is not a public necessity Location and character is not in harmony with the area Jerime Kinra 6907 Myric Court, stated that surrounding the property is a school, park and a residential area. He feels that this use is not appropriate for the area Dexter Hayes provided the staff summary. STAFF SUMMARY: The subject property is located near the intersection of Gordon Road and Ogden Park Drive. Farrington Farm subdivision abuts the property to the west. The petitioner is requesting a rezoning from O&I Office & Institution to CD (I-1) Light Industrial for a mini storage facility consisting of three (3) one story structures. Across Gordon Road from the subject site is an established I-1 Light Industrial Zoning District that has a variety of uses including convenience service stations, office and institution uses along with industrial uses. Last year, the Board of County Commissioners approved a Conditional Use I-1 Light Industrial Park adjacent to the Gresham Place Apartments further west and along Gordon Road. Several conditions were placed on that project including a condition prohibiting mini warehouses. The zoning on the north side of Gordon Road is primarily residential. Nearby uses are predominately institutional type uses with a public park and Eaton Elementary School. Both are typically found in established neighborhoods. The subject property is in a transitional area between these land uses and the Farrington Farms subdivision to the northwest. The site is heavily wooded with several significant trees along the front. In August, 2002 the Planning Board unanimously recommended approval of a rezoning request for O&I for a portion of the subject site. At the same meeting, however, the Planning Board voted 5-1 to recommend denial of a special use permit for a convenience store on the property. Ultimately, the Board of County Commissioners denied the zoning change. In November 2002, the Planning Board heard a rezoning request for B-1 Neighborhood Business which was modified to O&I and eventually approved by the Board of Commissioners. Recently, a request to rezone the same property to CD (I-1) for a mini storage facility was turned down by the Commissioners in August 4, 2004. Given its location at the entrance to Ogden Park, the triangular shape of the property and close proximity to residential and institutional uses located nearby, the Planning staff recommends that the property remain O&I. Joe Tavlor stated that they have tried to do everything possible to lower the impacts for this project. Sue Hayes asked if the applicant has met with the neighbors for a community meeting. Mr. Ambrose stated that they would be happy to meet with neighbors but only knew of c: PB Mtg 2005/pbdecemberminutes05 4 one neighbor who had questions regarding the proposal. He added that they met with this neighbor and have addressed each issue. Robin Robinson asked if the two trees would be saved. Mr. Ambrose replied that they would be saving the two trees and adding an 8' foot estate fence along the backside of the site. Ms. Robinson also asked about the hours of business. Mr. Ambrose stated that typically 6:00 a.m. - 9:00 p.m. are the normal hours of business. Mr. Wrangell asked if any manufacturing would be permitted. Dexter Hayes replied that manufacturing would not be allowed. Chairman Conlogue stated that there has been an issue of bands practicing in mini warehouses in the past adding that this is now prohibited. Chairman Conlogue also stated that this is the least obtrusive use for this property. Robin Robinson stated that this is a specific use for the property, which leaves no risk as to what will go on the property, which could be more objectionable. Frank Smith asked for a list of the conditions that the Planning staff is recommending to be placed on the property. Dexter Hayes replied that they are to save three live oak trees, the lighting shall be confined to the property and not spill over to the neighboring properties, an 8' fence adjacent to Farrington Farms Subdivision in addition to the required buffer requirements, hours of operation to be 6:00 a.m. - 9:00 p.m., and the use shall be limited to a mini warehouse facility. Frank Smith asked about the fence along Ogden Park Drive. Mr. Ambrose replied that it would be an estate type fence with a black finish. Jerime Kipra asked if Mr. Taylor and Mr. Ambrose could meet with the residents before it goes to the County Commissioners for approval. Mr. Taylor agreed. Sandra Spiers made a motion to approve the rezoning request with staff recommendations, install an estate fence on the Ogden Park side, the hours of operation shall be 6:00 a.m.-9:00 p.m., front setbacks shall be the same, no band practices and the applicant shall meet with the neighboring property owners prior to appearing before the County Commissioners. Ken Wrangell seconded the motion. The Board approved the motion with a vote of 7-0. Item 3: Rezoning- Request by Withers & Ravenel for Grove Park Properties to rezone approximately 11.01 acres of property located at 5550 Carolina Beach Road from R-15 Residential to R-10 Residential. (Z-822, 12/05) Sam Burgess gave a brief review of the request, agency comments and related information. Cindee Wolf stated that she is representing the owner of the property and would answer any questions. She added that if this request is approved the property will be developed into single-family homes. No one spoke against the rezoning request. c: PB Mtg 2005/pbdecemberminutes05 5 Dexter Hayes provided the staff summary. STAFF SUMMARY: The subject property is located southwest of Monkey Junction and has road frontage along a portion of Dunhill Lane. The Dunhill Lane access connects with the Carolina Beach Service Road to the east. The property is presently zoned R-15 Residential. Brewster Place subdivision, adjacent and south of the site is zoned R-10 Residential. This area was rezoned in April, 1996. Properties fronting along both sides of Carolina Beach Road are zoned B-2 Highway Business and are a part of a large commercial node located at Monkey Junction. As noted with earlier rezoning petitions near the subject property, land use patterns in the Monkey Junction area have undergone a significant transformation since the early 1980's. Several prominent strip centers have evolved that include restaurants and retail type offices along Carolina Beach Road with residential land uses primarily west of this major road corridor. Changes in the land use patterns near Monkey Junction over the past twenty years has largely been a result of the extension of the County's water and sewer systems. The petitioner's rezoning request from R-15 to R-10 Residential makes logical sense based on the existing residential land use patterns located nearby. As stated, the 1999 Land Use Plan classifies this area as Developed. This class provides for continued intensive development and redevelopment of existing urban areas. Public water and sewer are also located nearby. Any future residential development of this property would have access via Dunhill Lane and Carolina Beach Road to a variety of goods and services. For these reasons and the fact that the request is an extension to the existing R- 10 District to the south and west, staff recommends approval of the petitioner's rezoning request to R-10. Robin Robinson made to approve the rezoning request. Ken Wrangell seconded the motion. The Board approved the motion with a vote of 7-0. Item 4: Rezoning - Request by Withers & Ravenel for Carol A. Swenson to rezone approximately 15.76 acres of property located at 9800 River Road from R-15 Residential to R-10 Residential. (Z-823,12/05) Sam Burgess gave a brief review of the request, agency comments and related information. Cindee Wolf stated that the reason for the request is because the R-10 zoning allows an additional number of units than the R-15 zoning. Ms. Wolf read a letter from Aqua of NC stating that they would be able to provide service to the project. Dexter Hayes provided the staff summary. STAFF SUMMARY: c: PB Mtg 2005/pbdecemberminutes05 6 The subject property consists of three (3) tracts of land totaling approximately 15.76 acres. The properties are located in the southern portion of New Hanover County and have road frontage along what is known as the river Road Service Road. With the exception of an existing R-10 District located at the southwestern tip of one of the three tracts, the surrounding property is zoned R-15 Residential. Several established neighborhoods exist nearby that includes Soundside, (mobile home park subdivision). The Cape, and the Seabreeze Community located across Carolina Beach Road. A series of small narrow tracts exist adjacent and west of the petitioner's request. Also located adjacent and north of the property is a County Fire Station. A private water and sewer service provide utilities to most of these developments. Residential growth in this area of New Hanover County has been steady during the past 10 years. Most of this growth has been a result of the expansion of a private water and sewer system located near The Cape subdivision. Past efforts to rezone properties located nearby to B-2 Highway Business and O&I Office and Institution have been discouraged. Based on the Seabreeze Community Plan, the area has retained the aesthetic appeal of residential with the location of goods and services conveniently located nearby in the Town of Carolina Beach. The petitioners request to rezone these three tracts from R-15 Residential to R-10 Residential makes sense. The area can be served by a private water and sewer system and access to the site is available through the Service Road out to Carolina Beach Road and River Road. However, Staff does have concerns pertaining to the present availability of water and sewer in this area of the County along with potential traffic impacts at the Service Road and Carolina Beach Road. For these reasons, the petitioner's request to rezone the property to R-10 may be a bit premature. Staff recommends that the zoning change be delayed until the water and sewer question can be resolved with the private utility. David Adams stated that at the last TRC meeting they discussed delaying projects with Aqua of NC providing service until they resolve their capacity situation. He also asked about the wetlands in the area. Cindee Wolf stated that she was not aware of the Aqua of NC capacity situation and suggested that they postpone the project for a period of 90 days. Sandy Spiers made a motion to continue the rezoning request for 90 days. Robin Robinson seconded the motion. The Board approved the motion with a vote of 7-0. Frank Smith suggested that the Board consider waiting until the CAMA Plan has been finalized before approving more projects on the north side of the county. He added that in the future more consideration should be given to infrastructure availability when reviewing cases. Item 5: Rezoning - Request by Scarafoni & Associates to rezone two tracts of land totaling approximately 7.15 acres located at 8259 & 8261 Market Street from R-15 Residential to B-1 Neighborhood Business. (Z-824,12/05) c: PB Mtg 2005/pbdecemberminutes05 7 Sam Burgess gave a brief review of the request, agency comments and related information. Brian A. Geschickter stated that he was representing Mr. Scarafoni and would answer any questions that the Board members have. No one spoke in opposition to the rezoning request. Dexter Hayes provided the staff summary. STAFF SUMMARY: The subject property consists of two parcels of land located in the southwest quadrant of the I-140 Bypass and Market Street. These parcels adjoin a rapidly developing commercial center serving the Porters Neck Community. This commercial node was established in the early `90's. Commercial land uses that have evolved during the past decade include the Porters Neck Shopping Center and Oak Landing Shopping Center. Other retail and professional office type facilities are located nearby, primarily south of Porters Neck/Market Street intersection. An apartment complex with approximately 260 units adjoins this property to the south and is located directly behind the Porters Neck Shopping Center. The I-140 Bypass is scheduled to be completed and operational next summer. Several large tracts immediately north of this property were recently rezoned for Commercial use following the opening of the Bypass. During the past 7 years, the Porters Neck area has witnessed significant residential growth. This growth can be attributed to the availability of public water and sewer. Several new residential neighborhoods along Porters Neck and Edgewater Club Roads have also been developed largely in response to the availability of these services. As a result, the demand for retail services for these and other established neighborhoods has increased. The applicant's request to rezone this additional acreage to B-1 Neighborhood Business appears to be a logical extension to the commercial node at Porters Neck Road and Market Street. The zoning area is also consistent with the Land Use Plan's Urban Transition Classification and is within the Urban Services Growth Boundary as amended in July 2001. The potential for higher density residential development also exists as evidenced by the apartment complex located nearby. NCDOT has had preliminary discussions about the improvement needed for Plantation Road, a 3-mile east-west collector that could provide access to large acreage tracts to the west. Staff believes that any development plans for this property should include a road connection to the signalized intersection at Market Street. Until such right-of-way connections are approved, staff recommends that the zoning change for this property be delayed. David Adams stated that the land to the west of this property is poorly drained and felt that some kind of drainage assessment should be done. There was also further discussion regarding the road connection. c: PB Mtg 2005/pbdecemberminutes05 8 Mr. Geschickter stated that it was his understanding that there was access but his client would not be opposed to a continuance until the connection issue is resolved. Dexter Hayes stated that the connection to Murrayville Road and Crooked Pine Road would be the shorter-term solution. There was further discussion regarding access to the main thoroughfare. Robin Robinson made a motion to continue the rezoning request for 90 days. Sandra Spiers seconded the motion. The Board approved the motion with a vote of 7-0. Item 6: Rezoning - Request by Linda & Gary Meccia to rezone approximately 6 acres of property located at 5525 Blue Clay Road from R-15 Residential to I-1 Light Industrial. (Z-825,12/05) Sam Burgess gave a brief review of the request, agency comments and related information. Mr. Meccia stated that the reason for the request is to provide a place to park his equipment. Michelle LeBlanc stated that there is no access to sewer or other services at this location and added that should be considered when approving rezonings in this area. She also stated that the land is very wet. Dexter Hayes provided the staff summary. STAFF SUMMARY: The subject property is located in the northern portion of New Hanover County, west side of Blue Clay Road and is presently zoned R-15 Residential. The property abutting the petitioner's request to the north and west is zoned I-1 Light Industrial. These properties have been zoned I-1 for several years. The western most tract is presently being used as an office park that is home to vision Software and NCDOT facilities. Several established residential neighborhoods (Wood Haven & Highland Dunes) exist along the east side of Blue Road. To the south is the Yahweh Center that received a Special Use Permit approval several years ago. The northern part of New Hanover County has witnessed very little growth over the past 10 years. This lack of growth is due to the lack of public water and sewer services located in the area A sewer package treatment facility is located west of the petitioner's property and presently serves the office park and the Yahweh Center. Plans are presently underway by the County to expand this system in the future. The petitioners request to rezone the back portion of his property from R-15 Residential to I-1 Light Industrial may be the result of several existing uses on site. Presently, a couple of accessory buildings and a RV are located near the front portion of the property. Given the proximity of the property to an adjacent and existing I-1 District and the fact that the front portion of the property will remain residential. Planning staff recommends approval. c: PB Mtg 2005/pbdecemberminutes05 9 There was additional discussion regarding the proper buffering required for this zoning. Ken Wrangell made a meeting to approve the rezoning request. Sandra Spiers seconded the motion. The Board approved the motion with a 6-0 vote (Chairman Conlogue abstained). Item 7: Rezoning/Conditional Use - Request by John E. Evans, Jr. to rezone approximately 26.5 acres of property located at 1500 & 1551 Point Harbor Road from I-1 Light Industrial to CD (B-2) Highway Business & mixed use. (Z-826, 12/05) Sam Burgess gave a brief review of the request, agency comments and related information. John Evans, applicant, explained that he was proposing a project to develop the property with residential and business use. He noted this was the first phase of a larger project planned for the river. Dexter Hayes provided the Staff Summary and Preliminary Staff Findings. STAFF SUMMARY: The property is located along the western edge of the Northeast Cape Fear River south of the Isabelle Holmes Bridge. The area was once the home of Wilmington Shipyard, bustling ship repair facility. Though some of the property has been converted to other uses, remnants of that use still remain. In February 1996, the Commissioners approved a Conditional Use Zoning that authorized the construction of 41 residential units, a 115-slip marina, a hotel, and 50,000 sq. ft. of retail and office space. That development never materialized and the property was rezoned to I-1 Light Industrial in January 2005. The site's primary road frontage is along Point Harbor Rd., a service road connecting to US 421. The greatest obstacle hindering development of the site is the absence of adequate water and sewer. This project proposes a phased plan for providing those services. Existing facilities on the property include a Maritime Building, Rowing Club and several small offices. The marina presently has 24 wet slips. The new plan calls for 28 town homes, and a marina office with 100 wet and 144 dry slips. A second phase of the project shows proposed future towers that would exceed the residential density limits of 2.5 units per acre and cannot be built. The property is classified Conservation which typically include all marshlands and land within the 100-year floodplain. Floodplain elevation for this property is 9 feet. The redevelopment of this site is at a strategic gateway into the City of Wilmington. Construction of the PPD offices are underway across the river. Several concerns should be addressed in finalizing plans for this site. Since the property has a history of intensive industrial use, environmental assessments should be completed prior to using the property for residential purposes. Another concern is its close proximity to the heavy truck traffic c: PB Mtg 2005/pbdecemberminutes05 10 along US-421 and NC 133. Traffic volumes are already high and will only become more intense with the noise from the nearby bridge crossings. Nevertheless, the proposed mixed-use marina facility with some limited residential appears to be a reasonable fit for the site. Assuming the adjustments in the setbacks and wetland boundaries can be satisfied in the final plan, staff would recommend approval of the zoning change for the first phase of the project. 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. Water service is available from the City of Wilmington across the river. B. Sewer service will be provided on site with a packaged treatment facility. C. All of the property is located within a 100-year flood area. D. Access to the project will be from US 421 a major arterial and Point Harbor Rd. E. Fire Service is available from the North Wilmington VFD. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. A site plan pursuant to the Ordinance has been submitted. B. The 18 units proposed are consistent with the density limits for Conservation areas. C. Parking, building height and impervious coverage satisfy the County requirements. D. Wetlands areas need to be mapped and preserved. E. Buffer yards and setbacks need to be adjusted on the 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. A. Redevelopment of this site as planned would be a significant change to the quality of land uses in the area. B. No evidence has been submitted that this project will decrease property values of commercial uses 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 1999 Land Use Plan identifies this area as Conservation with residential density limited to no more than 2.5 units per acre. Water dependent uses and commercial uses may be allowed as long as they are sensitive to preserving the natural functions of the site. B. The property adjoins other marine activities and a truck stop to the north. Downtown waterfront uses are planned across the river. Suggested Conditions: c: PB Mtg 2005/pbdecemberminutes05 11 • Except for the commercial marina and existing uses new uses will be limited to neighborhood business • Eliminate billboard sign • Sidewalks and walkways must be provided • Additional phases and out parcel development will require an amended plan • CAMA setbacks may apply along the waterfront Mr. Evans explained that he is not able to remove the existing billboard until the contract expires. Frank Smith stated that he would like to see more detail. David Adams stated that it is a complicated plan, which makes it difficult to make a decision at this time. There was discussion regarding the CAMA setback lines and the waterfront boundaries. Mr. Evans suggested that he come back to the Board with more detailed plans. Sandra Spiers made a motion to continue the rezoning request for 30-60 days. Robin Robinson seconded the motion. The Board approved the motion with a vote of 7-0. Item 8: Special Use Permit - Request by Martha Wheldon to consider a Special Use Permit to expand an existing child daycare facility in a R-20 Residential District located at 717 Porters Neck Road (S-543,12/05) The applicant withdrew the request. Item 9: Special Use Permit - Request by Chris Johns for G.P. Pond & Associates to consider a Special Use Permit to expand the parking adjacent to an existing restaurant in a B-2 Highway Business District located at 5564 Carolina Beach Road (S-544,12/05). Sam Burgess gave a brief review of the request, agency comments and related information. Chris Johns, applicant, stated that the reason for this request is to add additional parking for his customers. No one spoke in opposition. Dexter Hayes provided the Preliminary 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. Access to the facility will be from the existing parking lot with connections to Dunhill Lane and Carolina Beach Service Rd. B. Fire Service is available from the Myrtle Grove Station nearby. c: PB Mtg 2005/pbdecemberminutes05 12 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. Commercial Parking may be permitted in Residential Districts by Special Use Permit. B. Buffer yards and setbacks have been shown on the 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. 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 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 1999 Land Use Plan identifies this area as Urban Transition, which allows for more intense development. B. The property adjoins a Commercial Center south of Monkey Junction. C. Site lighting shall be located so as not to shine on adjacent residential property. Suggested Conditions: Existing tree line and vegetation should remain along Dunhill Lane. Chris Johns agreed to leave the existing tree line and vegetation along Dunhill Lane. Robin Robinson made a motion to approve to special use permit with staff recommendations. Sandra Spiers seconded the motion. The Board approved the motion with a vote of 7-0. Item 10: Special Use Permit - Request by Ronald Sparks for Hope Child Care & Development Center to amend a Special Use Permit for an existing child daycare facility from 100 to 180 students in a R-15 Residential District located at 4905 North College Road. (5-531, 06/05 & 12/05). Ronald Sparks requested withdrawal of the special use permit request. Sandra Spiers made a motion to withdraw the request. Robin Robinson seconded the motion. The Board approved the motion with a 7-0 vote. Item 11: Special Use Permit - Request by David Ward concerning a validity of original Special Use Permit and request by Ken Shanklin for Carolina Marina & Yacht Club to amend a Special Use Permit for an existing marina by adding "dry" storage and clubhouse facilities in a R-15 Residential District located at 1512 Burnett Road (5-14, 06/71 & 5545,12/05) c: PB Mtg 2005/pbdecemberminutes05 13 Ken Shanklin, attorney, stated that the Planning Board does not have jurisdiction in this matter. He also stated that David Ward did not own this property when the Special Use Permit was approved. Bill Rainey. representing David Ward, stated that the Planning Board should vote on the appeal. He stated that the Special Use Permit was issued with false information and should be considered invalid. Peggy Russ stated that there was never a marina on the property. Randall Ward stated that he never saw that the property was used as a marina. Ken Shanklin provided the Board members with a copy of the 1971 ordinance and supporting documentation. Tim Ward stated that the Corp of Engineers did give authorization for a portion of dredging on the property. He added that eventually there were 20 wet slips and fuel tanks for the sale of fuel. David Ward stated that he has been involved with this case for a long time and has even discussed with state and federal officials. David Adams made a motion to forward the appeal to the County Commission and allow the applicant to reapply for a new Special Use Permit. He felt there was not enough information to revoke the permit. Sandra Spiers seconded. The Board approved the motion with a vote of 6-0 (Frank Smith abstained). Item 12: Subdivision Text Amendment (cont'd from 11103 PB Mtg) - Request by the County's Technical Review Committee (TRC) to amend Section 52-4(3) of the County's Subdivision Ordinance to clarify requirements for "public" streets in new subdivisions (A-344,11/05) Donna Girardo, representing Wilmington Association of Realtors, provided the board with alternative recommendations to the subdivision text amendment. Holt Moore, Assistant County Attorney, stated that a clause could be added stating that the private covenants would run with the land for new subdivisions but would have to research what could be done with the existing subdivisions. David Adams made a motion to continue this item and remand it back to the county's TRC. Robin Robinson seconded the motion. The Board approved the motion by a vote of 6-0. Sam Burgess provided the TRC update. Belle Meade (Approved) • 52 Lots • Public water & sewer • Public streets c: PB Mtg 2005/pbdecemberminutes05 14 Garlington Heights (Approved) • Urban Transition • 73 Lots • Public water & sewer • Private Streets Nautical Green (Denied - Lack Water) • Limited Transition • 35 Lots • Private water & sewer • Public Streets Watermark Landing (Withdrawn by Applicant) • Resource Protection • 66 Units or 33 Duplexes • Aqua of NC for water • Private Streets Tidal Walk (Continued) • Resource Protection • 154 Lots • City water • County sewer • Public Streets Dexter Hayes informed the Board members that the Land Use Plan Update will be presented at the January or February Planning Board meetings. Meeting adjourned at 11:05 p.m. c: PB Mtg 2005/pbdecemberminutes05 15