The URL can be used to link to this page

Home My WebLink About2014-06 June 5 2014 PB Agenda PackageAGENDA NEW HANOVER COUNTY PLANNING BOARD New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC Assembly Room RICHARD COLLIER, CHAIRMAN - DANIEL HILLA, VICE-CHAIR DONNA GIRARDOT, BOARD MEMBER - LISA MESLER, BOARD MEMBER - TAMARA MURPHY, BOARD MEMBER EDWARD T. (TED) SHIPLEY III, BOARD MEMBER - DAVID WEAVER, BOARD MEMBER CHRIS O'KEEFE, PLANNING & INSPECTIONS DIRECTOR - KEN VAFIER, PLANNING/ZONING SUPERVISOR JUNE 5, 2014 6:00 PM Call to Order Pledge of Allegiance Approve May Meeting Minutes REGULAR ITEMS OF BUSINESS 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. 1Public Hearing Item 1: Rezoning Request (Z-932, 6/14) - Request by Michael Shepard to rezone 3 acres located at 5525 Blue Clay Road from I-1, Light Industrial, to R-15, Residential District. The subject property is classified as Aquifer Resource Protection Area according to the 2006 CAMA Land Use Plan. 2Public Hearing Item 2: Special Use Permit Request (S-619, 5/14) (Continued from May 1, 2014) – Request by Inlet Watch Development Partners to develop a mixed use development on three parcels totaling 7 acres located at 7261 & 7275 Carolina Beach Road. The property is currently zoned B-1, Business District, and classified as Transition and Conservation Area according to the 2006 CAMA Land Use Plan. 3Public Hearing Item 3: Zoning Ordinance Text Amendment (A-419, 6/14) – Request by L.P. Britton, Jr. to amend Section 62.2-3, Penalty – Withholding of Permits of the New Hanover County Zoning Ordinance to amend penalties addressing the unauthorized clearing of trees. 4Public Hearing Item 4: Rezoning Request (Z-933, 6/14) - Request by Cindee Wolf of Design Solutions to rezone 6.9 acres located at 5112 Carolina Beach Road from R-15, Residential District, to CZD B-2, Business District Conditional Zoning District, for the use of retail, self-storage, and recreational vehicle and boat trailer storage. The subject property is classified as Urban and Conservation Area according to the 2006 CAMA Land Use Plan. TECHNICAL REVIEW COMMITTEE REPORT 1TRC Report: May 2014 - No Meetings Held OTHER ITEMS 1Other Business Planning Board - June 5, 2014 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: June 5, 2014 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planner CONTACT(S): SUBJECT: Public Hearing Item 1: Rezoning Request (Z-932, 6/14) BRIEF SUMMARY: Request by Michael Shepard to rezone 3 acres located at 5525 Blue Clay Road from I-1, Light Industrial, to R-15, Residential District. The subject property is classified as Aquifer Resource Protection Area according to the 2006 CAMA Land Use Plan. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: Z-932 Staff Summary Z-932 Petition Summary Z-932 Neighbor Properties Map Z-932 Zoning Map Z-932 Zoning-Aerial Map Cover Page-App Z-932 Application Package ITEM: 1 Planning Board - June 5, 2014 Z-932, (06/14) Page 1 REZONING REQUEST CASE: Z-932, 06/14 PETITIONER: Michael Shepard, Property Owner REQUEST: Rezone from I-1, Light Industrial, to R-15, Residential District ACREAGE: Approximately 3 acres LOCATION: 5525 Blue Clay Road Parcel ID Number: 3241-19-3806.000 LAND CLASS: Aquifer Resource Protection Area EXISITING CONDITIONS: Existing Zoning and Land Uses The subject property includes approximately 3 acres of a 6.04 acre tract located at 5525 Blue Clay Road, approximately ½ mile south of the intersection of Blue Clay Road and Holly Shelter Road. The property is currently split zoned R-15, Residential District, and I-1, Industrial District. The subject property currently hosts one occupied manufactured home near the frontage of Blue Clay Road. Existing zoning in the area of the subject property consists mostly of R-15, Residential District, to the south, east, and north, and I-1, Light Industrial, to the west and north. Although zoned for light industrial uses, the area surrounding the subject property remains largely undeveloped aside from low density single family residential uses along Blue Clay and McGregor Roads. Community Services Water and Sewer: The property is outside of the Urban Services boundary but is within the CFPUA service area. The existing home on the subject parcel is currently served by well and septic. Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County North Fire District. Schools: The property is located within the school districts for Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools. The proposed rezoning should have minimal impact on schools. Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. Environmental Constraints: - 1 - 1ITEM: 1 Planning Board - June 5, 2014 Z-932, (06/14) Page 2 The property does not lie within any special flood hazard areas or CAMA Areas of Environmental Concern. However, the subject area may contain wetlands and it is advised that a wetlands assessment be conducted prior to any future development. ZONING HISTORY: At the request of the previous property owners, on January 9, 2006 the Board of Commissioners approved a rezoning of the subject 3 acres from R-15, Residential District, to I-1, Light Industrial District (Case Z-825 (12/05)). PETITIONER’S REQUEST: The petitioner is requesting a general map amendment (rezoning) of the 3 acres that comprise the western portion of the property from I-1, Light Industrial, to R-15, Residential District. Because this is not a conditional rezoning or conditional use rezoning, the future use of the parcel will be open to the uses allowed by right and by Special Use Permit in the R-15 zoning district. STAFF POSITION: Zoning Ordinance Considerations The Zoning Ordinance states that the R-15 Residential District is established as a district in which the principal use of land is for residential purposes and that residential development not having access to public water and dependent upon septic tanks for sewage disposal will occur at sufficiently low densities to insure a healthful environment. The rezoning request would extend the boundary of the existing R-15 district, yet remain in harmony with the existing land uses and zoning in the vicinity of the subject site. Additionally, the subject area is more suitable for low-density residential purposes than nonresidential light industrial uses, and therefore not a loss of opportunity for industrial oriented development. Land Use Plan Considerations The subject area is classified as Aquifer Resource Protection Area by the 2006 CAMA Plan. Aquifer Resource Protection is a subclass of the Resource Protection classification and occurs in the Northwest of the county north of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from is diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The management strategies for areas with this classification area to encourage large lot development if septic systems are used to prevent cross contamination of wells, prevention of uses that pose risk of spill of hazardous materials, and encouraging development practices that promote sustained recharge. The rezoning request would support the management strategies for the Aquifer Recharge Protection land use classification by significantly changing the uses allowed on the property to low intensity uses, mainly low density single family residential, from higher intensity industrial and non-residential uses. Low density single family residential development on the subject property would more likely result in development characteristics that allow for uncontaminated and unrestricted groundwater infiltration to support aquifer recharge. - 1 - 2ITEM: 1 Planning Board - June 5, 2014 Z-932, (06/14) Page 3 REVIEW AND ACTION: This request has been processed and reviewed per Section 110 – Amending the Ordinance. A community information meeting is not required for a general map amendment request and was not conducted prior to submitting the petition. Notices of the petition request have been disseminated per the requirements of the Zoning Ordinance. Staff recommends the approval of the proposal as requested. Action Needed  Motion to recommend approval of the petitioner’s proposal  Motion to “table” the item in order to receive more information  Motion to recommend denial of the petitioner’s request based on specific reasons Staff’s Recommended Motion: Recommend approval of the petitioner’s proposal as requested. - 1 - 3ITEM: 1 Planning Board - June 5, 2014 Z-932, 06/14 Page 1 Case Z-932, (06/14) Rezone from I-1, Light Industrial, to R-15, Residential District Petition Summary Data Parcel Location & Acreage: 5525 Blue Clay Road, approximately 3 acres Owner/Petitioner: Michael Shepard Existing Land Use: Vacant/Undeveloped Zoning History: Area 8A (July 7, 1972) Land Classification: Aquifer Resource Protection Area Water Type: Private Well Sewer Type: Private Septic System Recreation Area: Castle Hayne Regional Park Fire District: New Hanover County North Watershed & Water Quality Classification: Holly Shelter Creek (C;Sw) Conservation/Historic/ Archaeological Resources: None Known Soils and Septic Suitability: Murville Fine Sand (Mu) – Severe: Wetness/Flooding Schools: Castle Hayne Elementary, Holly Shelter Middle, Laney High - 2 - 1ITEM: 1 Planning Board - June 5, 2014 8 7 3 13 5 6 1 16 0 4 2 911 12 17 14 15 20 10 18 21 19 P RI VAT E BLUE CLAY RD H O L L Y S H E LT E R R D WOODHAVEN DR MCGREGOR RD GLAZIER RD BROOKDALE DR SUNRAY RD PROSPERITY LN HERMITAGE DR LULA NIXON RD K E R R Y D R PRIVATE PRIVATE PRIVATE PRIVATE 660Feet Parcels within 500 Feet of Case Site R-15 I-1 I-2 BLUE CLAY RD PRIVAT E SUNRAY RD MCGREGOR RD BERWICK DR PRIVATE Zoning ®HNC 6/5/2014 Applicant and Owner:Case:Review Board:Planning BoardMap AmendmentRezoning Request:Notes:Z-932 R-15 Date: Existing Zoning/Use: R-15/I-2Michael Shepard8135 Furtado Dr.Wilmington, NC 28411 Proposed: PLANNING & INSPECTIONSDirector: Chris O'Keefe Z-932 IDPhysical Address0 5525 BLUE CLAY RD1 5449 BLUE CLAY RD2 5517 BLUE CLAY RD3 4900 HOLLY SHELTER RD4 5509 BLUE CLAY RD5 4900 HOLLY SHELTER RD6 4900 HOLLY SHELTER RD7 5408 HOLLY SHELTER RD8 6400 HOLLY SHELTER RD9 5475 BLUE CLAY RD10 5704 BLUE CLAY RD11 5501 BLUE CLAY RD12 5612 BLUE CLAY RD13 5735 BLUE CLAY RD14 5700 BLUE CLAY RD15 5528 BLUE CLAY RD16 4900 HOLLY SHELTER RD17 104 BERWICK DR18 5608 BLUE CLAY RD19 5600 BLUE CLAY RD20 5524 BLUE CLAY RD21 5604 BLUE CLAY RD Neighboring Parcels ! ! !!!!!!!!! ! ! !!!!!!!! Case Site - 3 - 1ITEM: 1 Planning Board - June 5, 2014 I-2 R-15 I-1 B-2 R-10 R-15 I-2 R-15 PR I VA TE I-40 E I-40 W H O L LY S H E LT E R R D BLUE CLAY RD BARBADOS BLV BROOKDALE DR WOODHAVEN DR MCGREGOR RD GLAZIER RD SUNRAY RD PROSPERITY LN HERMITAGE DR LULA NIXON RD B E R W IC K D R LAS TORTUGAS DR K E R R Y D R PRIVATE PRIVATE PRIVATE 660Feet ®HNC 6/5/2014 Applicant and Owner:Case:Review Board:Planning BoardMap AmendmentRezoning Request:Notes:Z-932 R-15 Date: Existing Zoning/Use: R-15/I-1Michael Shepard8135 Furtado Dr.Wilmington, NC 28411 Proposed: PLANNING & INSPECTIONSDirector: Chris O'Keefe MARKET ST ^ I-140 I-140 I-40 RIVER RD US HWY 421 CAROLINA BEACH SI D B U R Y R D MARKET ST CASTLE HAYNE RD BLUE CLAY RD COLLEGE RD S H O LL Y S H E L T E R R D OLEANDER DR EASTWOOD RD SHIPYAR D BLV Zoning Legend A-I AR B-1 B-2 EDZD I-2 O&I PD R-15 R-20 RA SC Incorporated Areas SHOD CUD See Section 59.4 of the Zoning OrdinanceCOD R-10 RFMU R-7 R-20S CZD I-1 Z-932 - 4 - 1ITEM: 1 Planning Board - June 5, 2014 I-2 R-15 I-1 B-2 R-10 R-15 I-2 R-15 PR I VA TE I-40 E I-40 W H O L LY S H E LT E R R D BLUE CLAY RD BARBADOS BLV BROOKDALE DR WOODHAVEN DR MCGREGOR RD GLAZIER RD SUNRAY RD PROSPERITY LN HERMITAGE DR LULA NIXON RD B E R W IC K D R LAS TORTUGAS DR K E R R Y D R PRIVATE PRIVATE PRIVATE 660Feet ®HNC 6/5/2014 Applicant and Owner:Case:Review Board:Planning BoardMap AmendmentRezoning Request:Notes:Z-932 R-15 Date: Existing Zoning/Use: R-15/I-1Michael Shepard8135 Furtado Dr.Wilmington, NC 28411 Proposed: PLANNING & INSPECTIONSDirector: Chris O'Keefe MARKET ST ^ I-140 I-140 I-40 RIVER RD US HWY 421 CAROLINA BEACH SI D B U R Y R D MARKET ST CASTLE HAYNE RD BLUE CLAY RD COLLEGE RD S H O LL Y S H E L T E R R D OLEANDER DR EASTWOOD RD SHIPYAR D BLV Zoning Legend A-I AR B-1 B-2 EDZD I-2 O&I PD R-15 R-20 RA SC Incorporated Areas SHOD CUD See Section 59.4 of the Zoning OrdinanceCOD R-10 RFMU R-7 R-20S CZD I-1 Z-932 - 5 - 1ITEM: 1 Planning Board - June 5, 2014 APPLICANT MATERIALS - 6 - 1ITEM: 1 Planning Board - June 5, 2014 - 7 - 1ITEM: 1 Planning Board - June 5, 2014 - 7 - 2ITEM: 1 Planning Board - June 5, 2014 - 7 - 3ITEM: 1 Planning Board - June 5, 2014 - 7 - 4ITEM: 1 Planning Board - June 5, 2014 - 7 - 5ITEM: 1 Planning Board - June 5, 2014 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: June 5, 2014 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Ken Vafier, Current Planning & Zoning Supervisor CONTACT(S): SUBJECT: Public Hearing Item 2: Special Use Permit Request (S-619, 5/14) (Continued from May 1, 2014) – Request by Inlet Watch Development Partners to develop a mixed use development on three parcels totaling 7 acres located at 7261 & 7275 Carolina Beach Road. The property is currently zoned B-1, Business District, and classified as Transition and Conservation Area according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: Staff has been informed that Inlet Watch Homeowner's Association will be requesting a continuance of this item to further discuss issues between the development and the adjacent community. Representation for the applicant has consented to this request per the electronic mail correspondence contained within this item's packet. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: S-619 Inlet Watch Dev Partners-MLee-Continuance Request S-619 Inlet Watch HOA Continuance Request S-619 Staff Summary S-619 Petition Summary S-619 Neighbor Properties Map S-619 Zoning Map S-619 Zoning-Aerial Map Cover Page - App S-619 Proposed Site Plan S-619 Application Package ITEM: 2 Planning Board - June 5, 2014 1 Williams-Rowland, Jackie From:O'Keefe, Chris Sent:Thursday, May 29, 2014 6:19 PM To:Williams-Rowland, Jackie Subject:FW: Special Use Permit Request s-619 Chris O'Keefe | Planning/Inspections Director Planning & Inspections | New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7164 p | (910) 798-7053 f From: michael@leelawfirm.com [mailto:michael@leelawfirm.com] Sent: Thursday, May 29, 2014 10:41 AM To: Chris C; O'Keefe, Chris Cc: Dawn Walton Subject: Re: Special Use Permit Request s-619 Chris O., Since we agreed to continue this matter at the request of surrounding homeowners, we would appreciate it if my client did not have to incur the further cost of me attending the meeting to formally request a continuance. We have agreed to continue this matter as a courtesy to the residents so that they have time to meet with their recently retained lawyer and so we can sit down to work out any issues they may have. As you know, we had a community meeting last week and they were not represented by counsel at that time according the the President of the HOA. While we felt like we answered all of the questions posed in the community meeting last week, we look forward to the opportunity to answer any additional questions and concerns they may have in the coming weeks. Chris C. ‐ we would appreciate someone attending the meeting on behalf of your client to express to the Planning Commission that the residents requested this continuance and not the Applicant. Thank you both. Best regards, Michael Michael V. Lee Post Office Box 4548 (28406) Please note our new physical address - 1 - 1ITEM: 2 Planning Board - June 5, 2014 2 1427 Military Cutoff Road, Suite 208 Wilmington, NC 28403 (910) 399‐3447 Office (910) 833‐8930 Direct (910) 232‐4435 Cell From: Chris C <cac@chrislawfirm.net> Date: Thursday, May 29, 2014 10:30 AM To: Chris O'Keefe <COKeefe@nhcgov.com> Cc: "cac@chrislawfirm.net" <cac@chrislawfirm.net>, Michael Lee <michael@leelawfirm.com>, Dawn Walton <dmw@chrislawfirm.net> Subject: Special Use Permit Request s‐619 Mr. O’Keefe, I have been retained by Inlet Watch Marina and Inlet Watch HOA to assist them through the process of this SUP request. I understand that there is currently a hearing set for June 5, 2014 with the P&Z Board regarding this request. I was told by “Ben” in your office that I should email our request that the meeting/hearing be continued until the next possible date, which I believe is in early July. Attached you will find an email from Mr. Michael Lee, the attorney for Inlet Watch Development Partners, consenting to a continuance of the same. I understand that under these circumstance the P&Z Board generally perfunctorily allow the continuance. Please advise if anyone needs to attend the June 5 date to further this request. I personally will be out of the country so I will need to coordinate a representative to appear if necessary. Thank you for your time and response to this matter. Chris Christopher A. Chleborowicz Chleborowicz Law Firm, PLLC 720 North Third Street, Suite 201 Wilmington, NC 28401 (910) 254‐1060 (910) 254‐2008 FAX Total Control Panel Login To: cokeefe@nhcgov.com From: michael@leelawfirm.com Remove this sender from my allow list You received this message because the sender is on your allow list. - 1 - 2ITEM: 2 Planning Board - June 5, 2014 1 Williams-Rowland, Jackie From:O'Keefe, Chris Sent:Thursday, May 29, 2014 6:19 PM To:Williams-Rowland, Jackie Subject:FW: Special Use Permit Request s-619 Attachments:Inlet Watch Chris O'Keefe | Planning/Inspections Director Planning & Inspections | New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7164 p | (910) 798-7053 f From: Chris C [mailto:cac@chrislawfirm.net] Sent: Thursday, May 29, 2014 10:30 AM To: O'Keefe, Chris Cc: cac@chrislawfirm.net; michael@leelawfirm.com; Dawn Walton Subject: Special Use Permit Request s-619 Mr. O’Keefe, I have been retained by Inlet Watch Marina and Inlet Watch HOA to assist them through the process of this SUP request. I understand that there is currently a hearing set for June 5, 2014 with the P&Z Board regarding this request. I was told by “Ben” in your office that I should email our request that the meeting/hearing be continued until the next possible date, which I believe is in early July. Attached you will find an email from Mr. Michael Lee, the attorney for Inlet Watch Development Partners, consenting to a continuance of the same. I understand that under these circumstance the P&Z Board generally perfunctorily allow the continuance. Please advise if anyone needs to attend the June 5 date to further this request. I personally will be out of the country so I will need to coordinate a representative to appear if necessary. Thank you for your time and response to this matter. Chris Christopher A. Chleborowicz Chleborowicz Law Firm, PLLC 720 North Third Street, Suite 201 Wilmington, NC 28401 (910) 254‐1060 (910) 254‐2008 FAX Total Control Panel Login To: cokeefe@nhcgov.com From: srs0=ihv8xe=23=chrislawfirm.net=cac@yourhostingaccount.com Message Score: 1 High (60): Pass My Spam Blocking Level: Custom Medium (75): Pass - 2 - 1ITEM: 2 Planning Board - June 5, 2014 2 Low (90): Pass Block this sender Custom (50): Pass Block yourhostingaccount.com This message was delivered because the content filter score did not exceed your filter level. - 2 - 2ITEM: 2 Planning Board - June 5, 2014 1 Williams-Rowland, Jackie From:michael@leelawfirm.com Sent:Wednesday, May 28, 2014 5:17 PM To:cac@chrislawfirm.net Subject:Inlet Watch My folks agreed to continue. Please carbon copy me on your e‐mail to Chris O'Keefe. Also, please let me know when we can get together. I would like to do so sooner rather than later if possible. Thank you Chris. Best regards, Michael Michael V. Lee Post Office Box 4548 (28406) Please note our new physical address 1427 Military Cutoff Road, Suite 208 Wilmington, NC 28403 (910) 399‐3447 Office (910) 833‐8930 Direct (910) 232‐4435 Cell - 2 - 3ITEM: 2 Planning Board - June 5, 2014 S-619, (5/14) Page 1 SPECIAL USE PERMIT S-619, 5/14: Request for a Special Use Permit to develop a mixed use development on a 7 acre parcel located in a B-1 Business District. Request By: Inlet Watch Development Partners Location: 7275 and 7261 Carolina Beach Road PIDs: R08500-003-006-000, R08500-003-010-000, R08500-003-003-000 Summary of Request Inlet Watch Development Partners, applicant and owner, is requesting a Special Use Permit for a mixed use development within the B-1 zoning district containing 93 apartment units and 2,500 square feet of commercial space. The subject property includes 3 parcels within a B-1 Business District, and is located on the southeastern corner of the intersection of Carolina Beach Road and Radnor Road in Southern New Hanover County. The residential and commercial components of the proposal all are contained within one 40,138 square foot building, which serves as the main structure on the site. 48 two-bedroom units and 45 one- bedroom units will be available. Shared parking, landscaping, stormwater management, open space, and an amenity area are also proposed to be provided on the 7 acre site. The subject site is currently vacant and undeveloped. The site is adjacent to Inlet Watch, a single family residential community and Yacht Club. The site is in a general area of property zoned R-15, Residential, however much of the immediate boundaries of the site remain as vacant property. Access to the site will be provided via Carolina Beach Road, subject to NCDOT permitting requirements. Preliminary analysis of traffic impacts indicates that the project will generate 50 AM peak hour trips and 67 PM peak hour trips. These peak hour trips, confirmed by the Wilmington Metropolitan Planning Organization (WMPO), do not warrant a Traffic Impact Analysis. Figure 1 – Existing Zoning The existing zoning of the subject parcels is B-1. The B-1 District lies within a larger area of property generally zoned R-15, Residential District. - 3 - 1ITEM: 2 Planning Board - June 5, 2014 S-619, (5/14) Page 2 The WMPO performed a traffic count in the area in April 2014. The count showed that in the vicinity of the site, Carolina Beach Road had an average daily volume of 27,339. With a design capacity of 29,300 vehicles per day, this represents a volume to capacity ration of 0.93 and a level of service of “E”. Water and sewer lines are available to serve the site from AQUA NC, who has informed the applicant of available capacity. The subject property is classified as Transition Area with portions of Conservation Area according to the 2006 CAMA Land Use Plan. According to the Plan, the purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The purpose of the Conservation classification is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Less than one half acre of wetlands is proposed to be filled on the eastern portion of the development to accommodate a parking area. As the site is generally designed around the wetlands and conservation areas and impacts to these areas are minimized, the development is consistent with this classification. The northeastern portion of the building and parking area does lie within the AE Special Flood Hazard Area, thus development of the building will be required to comply with all applicable provisions within the New Hanover County Flood Damage Prevention Ordinance. Figure 2 – CAMA Land Use Classifications The subject site is divided into two CAMA Land Use Classifications. The pink represents the Transition area while the light green represents portions of Conservation Area. - 3 - 2ITEM: 2 Planning Board - June 5, 2014 S-619, (5/14) Page 3 Preliminary Staff Findings of Fact (In Accordance with Section 71 of the New Hanover County Zoning Ordinance) Finding 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 and sewer infrastructure and capacity are available to serve the site. B. The subject property is located in the New Hanover County South Fire Service District. C. A traffic count was conducted in April 2014 and showed that in the vicinity of the site, Carolina Beach Road had an average daily volume of 27,339. With a design capacity of 29,300 vehicles per day, this represents a volume to capacity ration of 0.93 and a level of service of “E”. The project will result in approximately 50 AM peak hour trips and 67PM peak hour trips, which will not require a Traffic Impact Analysis. D. The subject site does not host any known cultural or archaeological resources. E. The proposed development is partially within a Special Flood Hazard Area, and will be required to meet all applicable provisions of the New Hanover County Flood Damage Prevention Ordinance. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Dwelling units for residential uses are allowed by Special Use Permit in the B-1 zoning district provided that the project meets the standards of Section 72-38 of the Zoning Ordinance. B. Section 72-38(1) of the Zoning Ordinance requires that such dwelling units are part of a mixed use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. A conceptual pedestrian facilities plan has been submitted that indicates the proposed locations and cross section of the sidewalks. C. Section 72-38(1) requires that such a development shall be in single ownership or unified control of a property owners association. Planning staff will require covenants, conditions, and restrictions to ensure conformance with this requirement. Section 72-38(2) requires that the uses in such a development are restricted to residential and B-1 business uses. A definitive list of proposed uses has not been provided. Staff recommends that commercial uses shall be further limited to those specified as being permitted by right in the B-1, Neighborhood Business District in the Retail section of the New Hanover County Table of Permitted Uses, with the exception of an Automobile Service Station. The following uses within the table may also be permitted: Barber/Beauty Shop, Business Services Including Printing, Personal Services, and Child Care Centers. - 3 - 3ITEM: 2 Planning Board - June 5, 2014 S-619, (5/14) Page 4 D. A conceptual elevation has been provided that indicates the proposed architecture pursuant to Section 72-38(3). E. Section 72-38(5) requires that the location and quantity of parking in such a development should be shared. Areas proposed for parking have been depicted on the site plan and the application indicates that 196 spaces shall be provided, exceeding the minimum ordinance requirement. F. A conceptual lighting plan has been provided as required per Section 72-38(7). Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the required conditions and specifications of the Zoning Ordinance. Finding 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 project is a mixed use development and which will meet all applicable landscaping and buffering requirements set forth in the Zoning Ordinance. B. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. Finding 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 subject property is located in a B-1, Business District; residential uses are permitted in B-1 provided that they are part of a mixed use development pursuant to Section 72- 38 of the Zoning Ordinance. B. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the subject site as Transition with portions of Conservation and the proposal is consistent with the intents of those land use classifications. C. Policy 3.14 of the Plan encourages development away from exceptional and substantial wetlands and other sensitive areas by allowing greater design flexibility in cluster development and other alternative development types. The project as proposed minimizes impacts to the wetlands on site. D. Policy 5.1 of the Plan encourages mixed use and higher density development within the urban services area to maximize benefits from available infrastructure. The subject site does lie within the current urban services area. E. The mixed use projects referred to in Policy 5.1 should also preserve natural resources and reduce dependence on the automobile. The proposal minimizes impact to wetland - 3 - 4ITEM: 2 Planning Board - June 5, 2014 S-619, (5/14) Page 5 areas and features residential and non-residential uses within the same building and will integrate sidewalks and other amenities to encourage pedestrian activity. Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity with the plan of development for New Hanover County. SUMMARY Staff concludes that the applicant has demonstrated that the proposal meets Section 72-38 of the Zoning Ordinance as well as the findings of fact specified in Section 71 of the Ordinance. Staff concludes that, with the information submitted, the applicant has demonstrated that the proposal is consistent with the applicable policies of the CAMA Land Use Plan, as well as consistent with the management strategies for Transition and Conservation land use classifications. Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED (Choose one): 1. Motion to Recommend Approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Recommend Denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff suggests the following motion: Motion to Recommend Approval of the Special Use Permit with the following condition: Commercial uses shall be limited to those specified as being permitted by right in the B-1, Neighborhood Business District in the Retail section of the New Hanover County Table of Permitted Uses, with the exception of an Automobile Service Station. The following uses within the table may also be permitted: Barber/Beauty Shop Business Services Including Printing Personal Services Child Care Center - 3 - 5ITEM: 2 Planning Board - June 5, 2014 S-619, 5/14 Page 1 Case S-619, (5/14) Special Use Permit Request for mixed use development in B-1 Zoning District Petition Summary Data Parcel Location & Acreage: 7275 and 7261 Carolina Beach Road, 7 acres between Radnor Road and St. Vincent Road Owner/Petitioner: Inlet Watch Development Partners, LLC Existing Land Use: Vacant/Undeveloped Zoning History: Area 4 (April 7, 1971) Land Classification: Transition with portions of Conservation Area Water Type: Aqua NC Sewer Type: Aqua NC Recreation Area: Veterans Park Access & Traffic Volume: Average Daily Trips (ADT) on Carolina Beach road near the vicinity of the subject site in April 2014 were 27,339 with a capacity of 29,300, representing a Level of Service (LOS) of “E”. Fire District: New Hanover County South Watershed & Water Quality Classification: Drains to ICWW, (C;Sw) Conservation/Historic/ Archaeological Resources: Approximately 1.12 acres of wetlands Soils and Septic Suitability: Wakulla – 1 to 8 percent slopes (Wa) – Slight Stallings (St) – Severe: Wetness Lynn Haven Fine Sand (Ly) – Severe: Wetness Leon Sand (Le) – Severe: Wetness Flood Hazard Areas: Portions of the site lie within the AE Special Flood Hazard Area with a Base Flood Elevation of 12’. Schools: Anderson Elementary, Murray Middle, Ashley High - 4 - 1ITEM: 2 Planning Board - June 5, 2014 11 8 17 0 39 43 18 20 0 33 0 9 40 46 40 10 22 49 42 19 3 4 5 44 6 7 41 13 2 1 28 16 52 35 15 14 30 34 38 29 27 37 21 25 26 24 31 12 23 32 36 4845 5051 47 PRIVATE BOZEMAN RD CAROLINA BEACH RD RADNOR RD LEHIGH RD SALIENT PT THE CAPE BLV INLET ACRES DR LITTLE PONY TRL BALA LN SAINT VINCENT DR BONAIRE RD RED LIGHTHOUSE LN MAINSAIL LN SCHOONER PL GOLD AVE BERWYN DR GABRIEL ST CASSIMIR PL WALTER AVE BURNETT RD SILVER AVE KIAWAH LN COASTAL AVE ISLE OF PALMS WAY PAOLI CT BONAIRE RD MITCHELL CT XIN G SWEETGRASS CT PRIVATE PRIVATE CAROLINA BEACH RD PRIVATE PRIVATE BONAIRE RD XI N G 330Feet Parcels within 500 Feet of Case Site R-15 B-1 B-1 R-10 PRIVATE RADNOR RD SALIE NT PT CAROLINA BEACH RD LITTLE PONY TRL INLET ACRES DR SAINT VINCENT DR RED LIGHTHOUSE LN BONAIRE RD BAL A LN BERWY N DR WALTER AVE CASSIMIR PL SCHOONER PL PAOLI CT PRIVATE PRIVATE PRIVATE CAROLINA BEACH RD Zoning ®HNC 6/5/2014 Applicant and Owner:Case:Review Board:Planning BoardSpecial UsePermit Request:Notes:S-619 Mixed UseDevelopment Date: Existing Zoning/Use: B-1 Inlet Watch Development Partners6626-c Gordon RdWilmington, NC 28411 Proposed: PLANNING & INSPECTIONSDirector: Chris O'Keefe S-619 - 5 - 1ITEM: 2 Planning Board - June 5, 2014 IDPhysical Address 07261 CAROLINA BEACH RD 07275 CAROLINA BEACH RD 07261 CAROLINA BEACH RD 1808 BERWYN DR 2812 BERWYN DR 37182 CAROLINA BEACH RD 47200 CAROLINA BEACH RD 57329 CAROLINA BEACH RD 67284 CAROLINA BEACH RD 77325 CAROLINA BEACH RD 87311 CAROLINA BEACH RD 97210 CAROLINA BEACH RD 107303 CAROLINA BEACH RD 111225 SILVER AVE 12800 BERWYN DR 137245 CAROLINA BEACH RD 14816 BERWYN DR 15804 BERWYN DR 167243 CAROLINA BEACH RD 177200 CAROLINA BEACH RD 187181 CAROLINA BEACH RD 197300 CAROLINA BEACH RD 207300 CAROLINA BEACH RD 21817 BERWYN DR 227204 CAROLINA BEACH RD 23828 BERWYN DR 24836 BERWYN DR 25805 BERWYN DR 26809 BERWYN DR 27832 BERWYN DR 28820 BERWYN DR 29824 BERWYN DR 30804 PAOLI CT 31821 BERWYN DR 32813 BERWYN DR 337213 CAROLINA BEACH RD 34801 BERWYN DR 35803 PAOLI CT 36825 BERWYN DR 37806 PAOLI CT 38800 PAOLI CT 39800 BERWYN DR 40937 BONAIRE RD 417178 CAROLINA BEACH RD 42816 LITTLE PONY TRL 437230 CAROLINA BEACH RD 447244 CAROLINA BEACH RD 45820 RED LIGHTHOUSE LN 467290 CAROLINA BEACH RD 47822 RED LIGHTHOUSE LN 48818 RED LIGHTHOUSE LN 49826 RED LIGHTHOUSE LN 50819 RED LIGHTHOUSE LN 51821 RED LIGHTHOUSE LN 52825 RED LIGHTHOUSE LN - 5 - 2ITEM: 2 Planning Board - June 5, 2014 R-15 R-10 B-1 FF B-1 O&I CD B-1 PRIVATE BOZEMAN RD CAROLINA BEACH RD RADNOR RD LEHIGH RD SALIENT PT THE CAPE BLV INLET ACRES DR LITTLE PONY TRL BALA LN SAINT VINCENT DR BONAIRE RD RED LIGHTHOUSE LN MAINSAIL LN SCHOONER PL GOLD AVE BERWYN DR GABRIEL ST CASSIMIR PL WALTER AVE BURNETT RD SILVER AVE KIAWAH LN COASTAL AVE ISLE OF PALMS WAY PAOLI CT BONAIRE RD XI NG SWEETGRASS CT PRIVATE PRIVATE CAROLINA BEACH RD PRIVATE PRIVATE BONAIRE RD XIN G 330Feet ®HNC 6/5/2014 Applicant and Owner:Case:Review Board:Planning BoardSpecial UsePermit Request:Notes:S-619 Mixed UseDevelopment Date: Existing Zoning/Use: B-1 Inlet Watch Development Partners6626-c Gordon RdWilmington, NC 28411 Proposed: PLANNING & INSPECTIONSDirector: Chris O'Keefe S-619 MARK ET ST ^ I-140 I-140 I-40 RIVER RD US HWY 421 CAROLINA BEACH SI D B UR Y R D MARKET ST CASTLE HAYNE RD BLUE CLAY RD COLLEGE RD S H O L L Y S H E LT E R R D OLEANDER DR EASTWOOD RD SHIP YARD BLV Zoning Legend A-I AR B-1 B-2 EDZD I-2 O&I PD R-15 R-20 RA SC Incorporated Areas SHOD CUD See Section 59.4 of the Zoning OrdinanceCOD R-10 RFMU R-7 R-20S CZD I-1 - 6 - 1ITEM: 2 Planning Board - June 5, 2014 R-15 R-10 B-1 FF B-1 O&I CD B-1 PRIVATE BOZEMAN RD CAROLINA BEACH RD RADNOR RD LEHIGH RD SALIENT PT THE CAPE BLV INLET ACRES DR LITTLE PONY TRL BALA LN SAINT VINCENT DR BONAIRE RD RED LIGHTHOUSE LN MAINSAIL LN SCHOONER PL GOLD AVE BERWYN DR GABRIEL ST CASSIMIR PL WALTER AVE BURNETT RD SILVER AVE KIAWAH LN COASTAL AVE ISLE OF PALMS WAY PAOLI CT BONAIRE RD XI NG SWEETGRASS CT PRIVATE PRIVATE CAROLINA BEACH RD PRIVATE PRIVATE BONAIRE RD XIN G 330Feet ®HNC 6/5/2014 Applicant and Owner:Case:Review Board:Planning BoardSpecial UsePermit Request:Notes:S-619 Mixed UseDevelopment Date: Existing Zoning/Use: B-1 Inlet Watch Development Partners6626-c Gordon RdWilmington, NC 28411 Proposed: PLANNING & INSPECTIONSDirector: Chris O'Keefe S-619 MARK ET ST ^ I-140 I-140 I-40 RIVER RD US HWY 421 CAROLINA BEACH SI D B UR Y R D MARKET ST CASTLE HAYNE RD BLUE CLAY RD COLLEGE RD S H O L L Y S H E LT E R R D OLEANDER DR EASTWOOD RD SHIP YARD BLV Zoning Legend A-I AR B-1 B-2 EDZD I-2 O&I PD R-15 R-20 RA SC Incorporated Areas SHOD CUD See Section 59.4 of the Zoning OrdinanceCOD R-10 RFMU R-7 R-20S CZD I-1 - 7 - 1ITEM: 2 Planning Board - June 5, 2014 APPLICANT MATERIALS - 8 - 1ITEM: 2 Planning Board - June 5, 2014 - 9 - 1ITEM: 2 Planning Board - June 5, 2014 - 10 - 1 ITEM: 2 Planning Board - June 5, 2014 - 10 - 2 ITEM: 2 Planning Board - June 5, 2014 - 10 - 3 ITEM: 2 Planning Board - June 5, 2014 - 10 - 4 ITEM: 2 Planning Board - June 5, 2014 - 10 - 5 ITEM: 2 Planning Board - June 5, 2014 - 10 - 6 ITEM: 2 Planning Board - June 5, 2014 - 10 - 7 ITEM: 2 Planning Board - June 5, 2014 - 10 - 8 ITEM: 2 Planning Board - June 5, 2014 - 10 - 9 ITEM: 2 Planning Board - June 5, 2014 - 10 - 10 ITEM: 2 Planning Board - June 5, 2014 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: June 5, 2014 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Ken Vafier, Current Planning & Zoning Supervisor CONTACT(S): SUBJECT: Public Hearing Item 3: Zoning Ordinance Text Amendment (A-419, 6/14) – Request by L.P. Britton, Jr. to amend Section 62.2-3, Penalty – Withholding of Permits of the New Hanover County Zoning Ordinance to amend penalties addressing the unauthorized clearing of trees. BRIEF SUMMARY: Applicant is requesting a text amendment to amend penalty for unauthorized tree removal. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: A-419 Proposed Text Amendment and Staff Recommendation Cover Page A-419 Application ITEM: 3 Planning Board - June 5, 2014 A-419, 6/14 Page 1 A-419 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: L.P. Britton, Jr. The Applicant proposes to amend Section 62.2-3 of the Zoning Ordinance amend the penalty for withholding of permits when land clearing is done without first obtaining a tree removal permit from New Hanover County. The applicant’s proposed additions are in red. Proposed deletions are in red strikethrough. A staff recommended version follows the applicant’s version. Applicant’s Proposal New Hanover County Zoning Ordinance 62.2-3: Penalty-Withholding of Permits After the date of adoption of this section, failure to obtain a tree removal permit from New Hanover County prior to removal of any regulated or significant tree or any timber harvest on property will result in the following: (1) A building permit, site plan approval or subdivision plan approval shall may be denied, subject to the following: (A) a period of up to six (6) months after the completion of a timber harvest if the harvest results in the removal of all or substantially all regulated or significant trees from the tract and the harvest was performed by an independent professional tree removal company hired in good faith by the property owner or an agent of the owner; (AB) a period of up to three (3) years after the completion of a timber harvest if the harvest results in the removal of all or substantially all regulated or significant trees from the tract and does not meet the criteria in subsection 62.2-3(1)(A); or (BC) a period of up to five (5) years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the regulated or significant trees from the tract if the harvest was a willful violation of County regulations. (2) This enforcement provision shall run with the land. Therefore, change of ownership does not alleviate the penalty for unauthorized cutting of trees. - 1 - 1ITEM: 3 Planning Board - June 5, 2014 A-419, 6/14 Page 2 Staff Recommendation (Staff recommended deletions are in red and strikethrough, recommended additions are in red and underlined.) New Hanover County Zoning Ordinance 62.2-3: Penalty-Withholding of Permits After the date of adoption of this section, failure to obtain a tree removal permit from New Hanover County prior to removal of any regulated or significant tree or any timber harvest on property will result in the following: (1) A building permit, site plan approval or subdivision plan approval shall be denied, subject to the following: (A) a period of three (3) years after the completion of a timber harvest if the harvest results in the removal of all or substantially all regulated or significant trees from the tract; or (B) a period five (5) years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the regulated or significant trees from the tract if the harvest was a willful violation of County regulations; or (C) a period of six (6) months after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the regulated or significant trees from the tract and an accompanying fine of four hundred dollars ($400.00) or fifty dollars ($50.00) per inch diameter at breast height (DBH) for each removed regulated or significant tree; or (D) a period of six (6) months after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the regulated or significant trees from the tract and an accompanying fine of $10,000 per acre is submitted for payment to the New Hanover County Tree Improvement Fund if the number of regulated or significant trees removed cannot be determined. (2) This enforcement provision shall run with the land. Therefore, change of ownership does not alleviate the penalty for unauthorized cutting of trees. - 1 - 2ITEM: 3 Planning Board - June 5, 2014 APPLICANT MATERIALS - 2 - 1ITEM: 3 Planning Board - June 5, 2014 - 3 - 1 ITEM: 3 Planning Board - June 5, 2014 - 3 - 2 ITEM: 3 Planning Board - June 5, 2014 - 3 - 3 ITEM: 3 Planning Board - June 5, 2014 - 3 - 4 ITEM: 3 Planning Board - June 5, 2014 - 3 - 5 ITEM: 3 Planning Board - June 5, 2014 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: June 5, 2014 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planner CONTACT(S): SUBJECT: Public Hearing Item 4: Rezoning Request (Z-933, 6/14) BRIEF SUMMARY: Request by Cindee Wolf of Design Solutions to rezone 6.9 acres located at 5112 Carolina Beach Road from R-15, Residential District, to CZD B-2, Business District Conditional Zoning District, for the use of retail, self-storage, and recreational vehicle and boat trailer storage. The subject property is classified as Urban and Conservation Area according to the 2006 CAMA Land Use Plan. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: Z-933 Staff Summary Z-933 Petition Summary Z-933 Neighbor Properties Map Z-933 Zoning Map Z-933 Zoning-Aerial Map Cover Page-App Z-933 Proposed Site Plan Z-933 Application Package Z-933 Community Meeting Report ITEM: 4 Planning Board - June 5, 2014 Z-933, (06/14) Page 1 CONDITIONAL ZONING DISTRICT REZONING REQUEST CASE: Z-933, 06/14 PETITIONER: Cindee Wolf of Design Solutions, on behalf of AMJB Properties, LLC, property owner REQUEST: Rezone from R-15, Residential District, to CZD B-2, Highway Business Conditional Zoning District ACREAGE: 6.89 acres LOCATION: 5112 Carolina Beach Road Parcel ID Number: 7600-006-058-000 LAND CLASS: Urban EXISTING CONDITIONS: Existing Zoning and Land Uses The subject property includes approximately 6.9 acres of a 10.1 acre tract located along the southwest side of the 5100 block of Carolina Beach Road, approximately 0.65 mile south of the intersection of Carolina Beach Road and South College Road, known as Monkey Junction. The property is currently zoned R-15, Residential District, and the zoning in the vicinity is consists of a mixture of B-2, CZD (B-2), R- 15, R-10, and multifamily zoning (Willoughby Park). Existing land uses in the area consist of a modular home park to the southeast of the site, residential to the south, and a variety of commercial uses around the Monkey Junction area. Directly to adjacent to the site is Monkey Junction Self Storage; the rezoning request would expand this existing business onto the subject site. Existing Site Conditions The site features 200’AofAdirect frontage along Carolina Beach Road. The site is currently undeveloped except for a residential structure near the frontage along Carolina Beach Road, and a small accessory building to the rear of the home. Some areas of wetlands exist on the southwestern portion of the parcel, but are not in the subject rezoning area nor will be subject to direct impact due to the development. Motts Creek transverses the southwestern portion of the property, outside the area subject to the rezoning request and proposed development. Some areas of the parcel contain AE and AE Floodway Special Flood Hazard Areas; however, development encroachment in these areas would be limited to a portion of the drive terminus and the stormwater management features. No CAMA Areas of Environmental Concern exist within the subject rezoning or development areas. Traffic and Transportation Wilmington Metropolitan Planning Organization Staff conducted a traffic count in August 2013 in the vicinity of the project at the intersection of Carolina Beach Road and just north of Antionette Drive. The count yielded an average daily trip count (ADT) of 30,262.AAThisAfigureArepresentsAanA“F”ALevelAofAServiceA (LOS) meaning that traffic counts are exceeding the design capacity of the road, which is listed at 29,300, and a Volume to Capacity Ratio of 1.03. - 1 - 1ITEM: 4 Planning Board - June 5, 2014 Z-933, (06/14) Page 2 Community Services Water and Sewer: The property is within the Urban Services boundary and is within the CFPUA service area. However, the proposed use should have minimal impact on water and sewer demand. Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County South Fire District. Schools: The property is located within the school districts for Williamson Elementary, Myrtle Grove Middle, and Ashley High schools. The proposed use should have minimal impact on schools. Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER’S REQUEST: The petitioner is seeking to rezone the property from R-15, Residential District, to B-2 Conditional Highway Business Zoning District with the accompanying site plan to expand the existing self-storage business onto the adjacent property. The new development would consist of three 21,000 sq. ft. climate-controlled storage buildings, one covered boat trailer and recreational vehicle storage area, a building for specialty retail, and related landscaping, drives, and parking areas. Access to the facility would be provided by driveways from Archmil Way and also Carolina Beach Road. STAFF POSITION: Zoning Ordinance Considerations The Ordinance states that the purpose of the B-2 Highway Business district is 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. Principal means of ingress and egress should be along collector roads, minor arterials, and/or major arterials as designated on the County's Thoroughfare Classification Plan. Finally, B-2 districts shall be a minimum of five (5) acres in area. Staff opines the proposal is consistent with the purpose and intent of the B-2 zoning district, as well as the district acreage requirements. The New Hanover County Zoning Ordinance permits self-storage facilities within the B-2 zoning district, as well as recreational vehicles and boat storage areas and miscellaneous retail. Traffic A Traffic Impact Worksheet has been submitted indicating that peak hour trips resulting from the proposed use (83 peak AM hour trips and 53 peak PM hour trips) are below the threshold that would require a Traffic Impact Analysis. TheALevelAofAServiceAofACarolinaABeachARoadAatAtheAsubjectAsiteAisA“F”;A with a volume to capacity ratio of 1.03. Required driveway improvements will be stipulated by NC DOT during the driveway permitting process. - 1 - 2ITEM: 4 Planning Board - June 5, 2014 Z-933, (06/14) Page 3 Environmental The project will be subject to several environmental regulations and permits. Stormwater management will be reviewed by New Hanover County Engineering, along with sediment and erosion control. Landscaping and Buffering Landscaping and buffering shall be requiredAperAZoningAOrdinanceAregulations;AwhichAincludeAtheA20’A wide buffer areas along the perimeter as shown on the site plan, as well as streetscaping along Carolina Beach Road. The proposed landscaping, buffering, and parking meet the requirements of the Zoning Ordinance. Land Use Plan Considerations The majority of the subject area is classified as Urban by the 2006 CAMA Plan. The purpose of this land use classification is to provide for continued intensive development and redevelopment of existing urbanAareas.AASomeAofAtheAareaAatAtheA“rear”AofAtheAsiteAisAclassifiedAasAConservationA rea,Ahowever;Athe project should have minimal to no direct impact to the areas classified as Conservation. In summary, the proposal is consistent with the Urban land use classification and does not conflict with any goal or policy within the Land Use Plan. REVIEW AND ACTION: This request is being facilitated by Section 55.3 – Conditional Zoning District ofAtheACounty’sAZoningA Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A community meeting was held on Wednesday, April 30, 2014 in accordance with the requirements for such a request. No members of the public attended the meeting, and no changes to the proposal were made as a result of the community meeting. Staff recommends the approval of the proposal as requested. After deliberation of the request, Staff concluded to recommend approval of the request based on several factors. Staff is of the opinion that the rezoning would allow for a logical expansion of the existing adjacent storage business onto a parcel that is not best suited for residential development, with minimal impact to any surrounding residential uses. The location of the subject property is very close to a large heavy commercial node, further supporting Policy 4.3 of the CAMA Land Use Plan: 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. The southwest area of the subject parcel contains both wetlands and flood hazard areas, both of which are mostly avoided with the current proposal. The CAMA Land Use Plan offers guidance through Policy 3.9 to discourage development within the flood hazard areas for hazard mitigation: Policy 3.9 Carefully control development activities within the 100-year floodplain (1% annual chance floodplain) according to density and impervious surface limits to protect the public safety, reduce the risk of property damage, and provide for the long-term protection and management of these environmentally significant resources. - 1 - 3ITEM: 4 Planning Board - June 5, 2014 Z-933, (06/14) Page 4 TheApetitioner’sAproposalAoffersAnotAonlyAhazardAmitigationAbutAwouldAcreateAanAundevelopedAbufferAareaA between the existing and proposed development and Motts Creek, a tributary draining to the Cape Fear River. Policy 3.3 of the CAMA Land Use Plan offers guidance to minimize and offset the effects of development on the river: Protect the Cape Fear River from the cumulative impacts of development by carefully reviewing development plans and enforcing measures to eliminate or mitigate potential impacts from runoff or discharge of sediment, nutrients, and other pollutants to the river. Action Needed  Motion to recommend approval of the petitioner’s proposal (with or without conditions)  Motion to “table” the item in order to receive more information  Motion to recommend denial of the petitioner’s request based on specific reasons Staff’s Recommended Motion. Motion to recommend approval of the petitioner’s request as presented: - 1 - 4ITEM: 4 Planning Board - June 5, 2014 Z-933, 06/14 Page 1 Case Z-933, (06/14) Rezone from R-15, Residential District, to CZD B-2, Highway Business Conditional Zoning District Petition Summary Data Parcel Location & Acreage: 5112 Carolina Beach Road, 6.89 acres Owner/Petitioner: Cindee Wolf of Design Solutions, Petitioner, on behalf of AMJB Properties, LLC, Property Owner Existing Land Use: Undeveloped Zoning History: Area 4 (April 7, 1971) Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Arrowhead Park Access & Traffic Volume: Volume recorded in the vicinity of Monkey Junction Self Storage in August 2013 was 30,262, representing a Level of Service (LOS) of “F”. Fire District: New Hanover County South Watershed & Water Quality Classification: Motts Creek (C;Sw) Conservation/Historic/ Archaeological Resources: None Soils and Septic Suitability: Lynchburg Fine Sandy Loam (Ls) – Severe: Wetness Johnson Soils (Jo) – Severe: Flooding/Wetness Seagate Fine Sand (Se) – Severe: Wetness Stallings Find Sand (St) – Severe: Wetness Schools: Williamson Elementary, Myrtle Grove Middle, Ashley High - 2 - 1ITEM: 4 Planning Board - June 5, 2014 44 63 0 62 25 43 61 48 27 58 37 59 17 38 51 56 24 64 46 31 45 65 52 9 2 5 29 23 4 8 3 6 57 60 55 53 40 35 17 14 18 41 47 28 21 22 58 11 12 19 15 10 20 39 50 4934 3342 1632 2636 13 30 54 COLLEGE RD SCAROLINA BEACH RD PRIVATE SILVER LAKE RD MCGIRT PL BEA M ON LN RIC H ELIE U R D LO MAN LN ANTOINETTE DR HORN RD RAYE DR RHIEMS WAY WILLOUGHBY PARK CT ARCHMIL WAY SAN LUCAS CT M OTTS CREEK RD H O N E Y BE E LN NORMANDY DR RHINE CT ROBINETTE RD APPEALS RD XING XING COLLEGE RD S XING PRIVATE PRIVATE PRIVATE XING PRIVATE PRIVATE PRIVATE PRIVATE P R I V A T E XI N G XING PRIVATE PRIVATE PRIVATE CAROLINA BEACH RD PRIVATE XING XING 330Feet Parcels within 500 Feet of Case Site ®HNC 6/5/2014 Applicant and Owner:Case:Review Board:Planning BoardMap AmendmentRezoning Request:Notes:Z-933 B-2 (CZD)Mini-Storage Date: Existing Zoning/Use: R-15Cindee WolfDesign SolutionsPO Box 7221Wilmington, NC 28411 Proposed: PLANNING & INSPECTIONSDirector: Chris O'Keefe Trey McGirtAMJB Properties LLC2000 Ivydale Ln.Wilmington, NC 28405 Neighboring Parcels ! ! !!!!!!!!! ! ! !!!!!!!! Case Site IDPhysical AddressIDPhysical Address0 5112 CAROLINA BEACH RD331222 BEAMON LN1 1208 BEAMON LN341224 BEAMON LN2 432 MOTTS CREEK RD35501 MANET RD3 1130 LOMAN LN361212 BEAMON LN4 1112 LOMAN LN371123 MCGIRT PL5 434 MOTTS CREEK RD38424 MOTTS CREEK RD6 1126 LOMAN LN391110 LOMAN LN7 1206 BEAMON LN40506 MANET RD8 1114 LOMAN LN41428 MOTTS CREEK RD9 430 MOTTS CREEK RD421220 BEAMON LN10 1122 LOMAN LN435120 CAROLINA BEACH RD11 1116 LOMAN LN445140 CAROLINA BEACH RD12 1128 LOMAN LN45500 RHIEMS WAY13 1210 BEAMON LN461131 MCGIRT PL14 505 MANET RD47436 MOTTS CREEK RD15 1118 LOMAN LN485050 CAROLINA BEACH RD16 1218 BEAMON LN491226 BEAMON LN17 1143 MCGIRT PL501202 BEAMON LN18 606 RHIEMS WAY515123 CAROLINA BEACH RD19 1124 LOMAN LN52437 MOTTS CREEK RD20 1120 LOMAN LN53433 MOTTS CREEK RD21 510 RHIEMS WAY54425 MOTTS CREEK RD22 506 RHIEMS WAY55435 MOTTS CREEK RD23 510 MANET RD565111 CAROLINA BEACH RD24 1101 MCGIRT PL57431 MOTTS CREEK RD25 525 MOTTS CREEK RD581101 BEAMON LN26 1214 BEAMON LN595119 CAROLINA BEACH RD27 5140 CAROLINA BEACH RD60429 MOTTS CREEK RD28 427 MOTTS CREEK RD615044 CAROLINA BEACH RD29 502 MANET RD621601 WILLOUGHBY PARK CT30 1204 BEAMON LN635135 1 CAROLINA BEACH RD31 5132 CAROLINA BEACH RD645046 CAROLINA BEACH RD32 1216 BEAMON LN655042 CAROLINA BEACH RD R-15 R-10 CD R-15 R-10 B-2 CD R-15 R-10 B-2 CD O&I CITY B-2 B-2 CD B-2 PRIVATE MCGIRT PL BEA MON LN ARCHMIL WAY CAROLINA BEACH RD PRIVATE PRIVATE PRIVATE Zoning Z-933 - 3 - 1ITEM: 4 Planning Board - June 5, 2014 R-15 B-2R-10 B-2 CD R-15CITY R-15 R-10 CD B-2 B-2 B-2 CD R-10 CITY B-2 O&I O&I R-15 B-2 CD O&I CD O&I CD COLLEGE RD S CAROLINA BEACH RD PRIVATE SILVER LAKE RD MCGIRT PL BEA MON LN RIC H ELIE U R D LO MAN LN ANTOINETTE DR HORN RD RAYE DR RH IEM S WAY WILLOUGHBY PARK CT ARCHMIL WAY SAN LUCAS CT M OTTS CREEK RD H O N EY B E E L N NORMANDY DR RHINE CT ROBINETTE RD APPEALS RD XING XING COLLEGE RD S XING PRIVATE PRIVATE XING PRIVATE PRIVATE PRIVATE PRIVATE P R I V A T E XI N G XING PRIVATE PRIVATE PRIVATE CAROLINA BEACH RD PRIVATE XING XING 330Feet ®HNC 6/5/2014 Applicant and Owner:Case:Review Board:Planning BoardMap AmendmentRezoning Request:Notes:Z-933 B-2 (CZD)Mini-Storage Date: Existing Zoning/Use: R-15Cindee WolfDesign SolutionsPO Box 7221Wilmington, NC 28411 Proposed: PLANNING & INSPECTIONSDirector: Chris O'Keefe MARKE T ST ^ I-140 I-140 I-40 RIVER RD US HWY 421 CAROLINA BEACH SI D B U R Y R D MARKET ST CASTLE HAYNE RD BLUE CLAY RD COLLEGE RD S H O L LY S H E L T E R R D OLEANDER DR EASTWOOD RD SHIP YARD BLV Zoning Legend A-I AR B-1 B-2 EDZD I-2 O&I PD R-15 R-20 RA SC Incorporated Areas SHOD CUD See Section 59.4 of the Zoning OrdinanceCOD R-10 RFMU R-7 R-20S CZD I-1 Trey McGirtAMJB Properties LLC2000 Ivydale Ln.Wilmington, NC 28405 Z-933 - 4 - 1ITEM: 4 Planning Board - June 5, 2014 R-15 B-2R-10 B-2 CD R-15CITY R-15 R-10 CD B-2 B-2 B-2 CD R-10 CITY B-2 O&I O&I R-15 B-2 CD O&I CD O&I CD COLLEGE RD S CAROLINA BEACH RD PRIVATE SILVER LAKE RD MCGIRT PL BEA MON LN RIC H ELIE U R D LO MAN LN ANTOINETTE DR HORN RD RAYE DR RH IEM S WAY WILLOUGHBY PARK CT ARCHMIL WAY SAN LUCAS CT M OTTS CREEK RD H O N EY B E E L N NORMANDY DR RHINE CT ROBINETTE RD APPEALS RD XING XING COLLEGE RD S XING PRIVATE PRIVATE XING PRIVATE PRIVATE PRIVATE PRIVATE P R I V A T E XI N G XING PRIVATE PRIVATE PRIVATE CAROLINA BEACH RD PRIVATE XING XING 330Feet ®HNC 6/5/2014 Applicant and Owner:Case:Review Board:Planning BoardMap AmendmentRezoning Request:Notes:Z-933 B-2 (CZD)Mini-Storage Date: Existing Zoning/Use: R-15Cindee WolfDesign SolutionsPO Box 7221Wilmington, NC 28411 Proposed: PLANNING & INSPECTIONSDirector: Chris O'Keefe MARKE T ST ^ I-140 I-140 I-40 RIVER RD US HWY 421 CAROLINA BEACH SI D B U R Y R D MARKET ST CASTLE HAYNE RD BLUE CLAY RD COLLEGE RD S H O L LY S H E L T E R R D OLEANDER DR EASTWOOD RD SHIP YARD BLV Zoning Legend A-I AR B-1 B-2 EDZD I-2 O&I PD R-15 R-20 RA SC Incorporated Areas SHOD CUD See Section 59.4 of the Zoning OrdinanceCOD R-10 RFMU R-7 R-20S CZD I-1 Trey McGirtAMJB Properties LLC2000 Ivydale Ln.Wilmington, NC 28405 Z-933 - 5 - 1ITEM: 4 Planning Board - June 5, 2014 APPLICANT MATERIALS - 6 - 1ITEM: 4 Planning Board - June 5, 2014 - 7 - 1ITEM: 4 Planning Board - June 5, 2014 - 8 - 1ITEM: 4 Planning Board - June 5, 2014 - 8 - 2ITEM: 4 Planning Board - June 5, 2014 - 8 - 3ITEM: 4 Planning Board - June 5, 2014 - 8 - 4ITEM: 4 Planning Board - June 5, 2014 - 8 - 5ITEM: 4 Planning Board - June 5, 2014 - 8 - 6ITEM: 4 Planning Board - June 5, 2014 - 8 - 7ITEM: 4 Planning Board - June 5, 2014 - 8 - 8ITEM: 4 Planning Board - June 5, 2014 - 8 - 9ITEM: 4 Planning Board - June 5, 2014 - 9 - 1ITEM: 4 Planning Board - June 5, 2014 - 9 - 2ITEM: 4 Planning Board - June 5, 2014 - 9 - 3ITEM: 4 Planning Board - June 5, 2014 - 9 - 4ITEM: 4 Planning Board - June 5, 2014 - 9 - 5ITEM: 4 Planning Board - June 5, 2014 - 9 - 6ITEM: 4 Planning Board - June 5, 2014 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: June 5, 2014 TECHNICAL REVIEW COMMITTEE REPORT ITEM: DEPARTMENT: PRESENTER(S): Sam Burgess CONTACT(S): SUBJECT: TRC Report: May 2014 - No Meetings Held BRIEF SUMMARY: New Hanover County's Technical Review Committee (TRC) did not meet during the month of May. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: ITEM: 5 Planning Board - June 5, 2014 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: June 5, 2014 OTHER BUSINESS ITEM: DEPARTMENT: PRESENTER(S): CONTACT(S): SUBJECT: Other Business BRIEF SUMMARY: STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: ITEM: 6 Planning Board - June 5, 2014