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09-2013 September 5 2013 PB Agenda Package NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 NOTICE OF PUBLIC HEARING NEW HANOVER COUNTY PLANNING BOARD SEPTEMBER 5, 2013 The New Hanover County Planning Board will hold a public hearing on Thursday, September 5, 2013 beginning at 6:00 p.m. or thereafter at the New Hanover County Historic Courthouse, 24 North Third Street (corner of Third and Princess Streets), Room 301 in Wilmington, NC to consider the following: Approval of August 2013 Planning Board Minutes Item 1: Rezoning Request (Z-927, 08/13) - Request by Cindee Wolf on behalf of Monkey Junction Mini Storage, Monkey Junction Car Wash LLC, and AMJB Properties, LLC to rezone 9.4 acres located at 5042, 5042 ½, and 5044 Carolina Beach Road from CUD (B-2), Conditional Use District Highway Business to CZD (B-2), Conditional Zoning District Highway Business in order to construct a 12,000 sq. ft. storage building. The subject properties are classified as Urban according to the 2006 CAMA Land Use Plan. Item 2: Text Amendment (A-413, 9/13) - Request by Staff to amend Sections 23, 50.2, 72-20, and 81-1 of the Zoning Ordinance to amend regulations regarding child day care centers. Item 3: Text Amendment (A-414, 9/13) - Request by Staff to amend Section 62.1-10 of the Zoning Ordinance to amend street yard landscaping regulations to accommodate sidewalks and multi-use paths. The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. Petitions for the above items may be viewed or inquiries made by contacting the Planning & Inspections Department at 798-7165, 230 Government Center Drive, Wilmington, NC. All interested citizens are invited to attend. Chris O’Keefe, AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager PLANNING BOARD ITEM #1 Z-927, 08/13 Page 1 Case Z-927, (08/13) Rezone from CUD B-2, Highway Business, to CZD B-2, Highway Business Petition Summary Data Parcel Location & Acreage: 5042, 5042 ½, & 5044 Carolina Beach Road, 9.40 acres Owner/Petitioner: Cindee Wolf, Design Solutions, on behalf of Monkey Junction Mini Storage, Monkey Junction Car Wash LLC, and AMJB Properties, LLC Existing Land Use: Mostly Developed Commercial (Self Storage Facility) Zoning History: Area 4 (April 7, 1971) Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Arrowhead Park Access & Traffic Volume: Average Daily Trips (ADT) in the vicinity of Monkey Junction Self Storage in 2011 was 26,000, representing a Level of Service (LOS) of “E”. Fire District: New Hanover County South Watershed & Water Quality Classification: Motts Creek (C;Sw) Conservation/Historic/ Archaeological Resources: None Soils: Leon Sand (Le) and Stallings Find Sand (St) Septic Suitability: Class III – Severe Limitations (Le) and Class II – Moderate Limitation (St) Schools: Williamson Elementary, Myrtle Grove Middle, Ashley High Z-927, (08/13) Page 1 CONDITIONAL ZONING DISTRICT REZONING REQUEST CASE: Z-927, 08/13 PETITIONER: Cindee Wolf, Design Solutions REQUEST: Rezone from CUD (B-2) Conditional Use District, Highway Business, to CZD (B-2) Conditional Zoning District ACREAGE: 9.40 LOCATION: 5042, 5042 ½, & 5044 Carolina Beach Road Parcel ID Numbers: 7100-001-061-000 (Monkey Junction Car Wash, LLC) 7100-001-002-000 (Monkey Junction Mini Storage) 7100-001-060-000 (AMJB Properties, LLC) LAND CLASS: Urban Zoning Case History In July 2000, the New Hanover County Board of Commissioners approved a rezoning of the subject property to Conditional Use District B-2, Highway Business and an accompanying site plan, which included 88,977 sq. ft. of storage area, 16,000 sq. ft. of office space, and 8,800 sq. ft. of commercial area. The approval also was conditioned to limit the types of uses for the office and commercial areas. In November 2005, the Board of Commissioners approved a modification to the original conditional use district site plan, allowing the applicant to increase the warehouse storage space to a total of 104,700 sq. ft., reconfigure the layout of the buildings, and reduce the combined commercial and office areas from 24,800 sq. ft. to 12,112 sq. ft. All conditions of the July 2000 approval remain as originally approved. In July 2007, the Board of Commissioners approved a modification to the November 2005-approved conditional use district site plan, allowing the applicant to eliminate the proposed office and commercial areas and replace them with two additional storage buildings totaling 17,400 sq. ft. and an 8-bay, 15,820 sq. ft. coin-operated car wash facility. Again, all of the conditions of the July 2007 approval remained; however a condition was addedAthatAreadA“PerAtheAapplicant’sAstatement,AthisAchangeAwillAcompleteAtheA site’sAdevelopmentApotentialAandAnoAadditionalAchangesAwillAbeArequestedAforAthisAproperty”. Per New Hanover County Zoning Ordinance Article 55.2-5: Alterations to Approved Conditional Use Districts, minor changes to an approved Conditional Use District or its companion Special Use Permit are considered by Staff; however, the aforementioned condition placed on the July 2007 approval negates the ability for a Staff consideration of the currently proposed modification. Thus, the petitioner is now requesting a rezoning from Conditional Use District B-2, Highway Business to Conditional Zoning District B-2, Highway Business to modify the July 2007 site plan. The proposed modification is to replace the 8-bay car wash facility with a storage building, consistent with the existing use and aesthetic features currently present within the facility. It should be noted that although approved in 2007, the car wash facility was never developed. Z-927, (08/13) Page 2 The 2005 and 2007 modifications to the 2000 approval were facilitated through rezonings from Conditional Use District B-2, Highway Business, to Conditional Use District B-2, Highway Business. The current proposed modification is being accommodated through a request to rezone from Conditional Use District B-2, Highway Business, to Conditional Zoning District B-2, Highway Business. Although the process is very similar, a rezoning to a Conditional Zoning District does not require the concurrent Special Use Permit approval, resulting in a more streamlined review and hearing process for the petitioner. Conditional Zoning Districts were added to the Zoning Ordinance in 2012, thus not an option for the previous modification requests. Staff Summary The subject property, known as Monkey Junction Self Storage, contains three parcels totaling 9.4 acres located along the south side of 5200 block of Carolina Beach Road approximately 0.70 mile from the Monkey Junction intersection of Carolina Beach Road and South College Road. The facility has been developed in accordance with the 2005 and 2007 site plans, with the exception of the area that was proposed for the car wash in 2007. The existing development consists of eight buildings used for self- storage; these buildings vary in size from 6,900 sq. ft. to 18,000 sq. ft. Also on the site is a 2,024 sq. ft. building at the entrance to the facility that serves as the office and resident apartment for facility staff. The site features direct access to Carolina Beach Road via an existing access drive, and the three parcels composing the subject property total 641.13’AofAfrontageAalongACarolinaABeachARoad. An additional gated access point to theAstorageAfacilityAisAonA rchMilAWay,AaA50’AprivateAingress/egressAeasementAthatA runs along the southeastern portion of the subject property. ArchMil Way connects with Beamon Lane and these roads serve as the access to Archmil Place Phase 2, a 13-home high-density R-10 residential community. Wilmington Metropolitan Planning Organization Staff has provided information that the NC Department of Transportation conducted a traffic count in the proximity of the subject property in 2011. Average daily trip count in the vicinity of Monkey Junction Self Storage in 2011 was 26,000. This figure representsAanA“E”ALevelAofAServiceA(LOS)AmeaningAthatAtrafficAcountsAareAapproachingAdesignAcapacityAofA the road, which is listed at 29,300. Although the proposal results in a decrease in built-upon area at total buildout, the proposal would necessitate submittals for revisions to existing permits and approvals. New Hanover County Engineering Department Staff indicated that the plan modification will require resubmittal to the department for a stormwater permit or exemption, and for a revision to the erosion control permit. North Carolina Division of Water Quality Staff indicated that the plan modification will require a submittal to their office for a stormwater plan revision. All landscaping and buffering has already been installed and no additional landscaping is required with the current proposal. However, the petitioner is proposing to install streetyard landscaping and foundation plantings at all building facades adjacent to parking areas. Petitioner’s Request The petitioner seeks to modify the site plan approved in July 2007 to allow the construction of a 12,000 sq. ft. storage building similar in style and layout with existing storage buildings. The portion of the site proposed for the new building was proposed and approved in July 2007 for an 8-bay coin-operated car wash totaling 15,820 sq. ft. of impervious surface; although approved on the 2007 site plan, the car- Z-927, (08/13) Page 3 wash facility was never constructed. The proposed building would finalize the developable area on the subject property. The proposed one-story building will match the style and theme of the existing buildings within the facility. Particularly of note is that the street-facing façade of the proposed building will match the façade of the existing street-facingAbuildingA(BuildingA“H”),AwhichAincorporatesAarchitectural features that break up the long appearance of the building. Storage unit access doors will be located on the side of the building on the non-street-facingAside,AsimilarAtoABuildingA“H”. The proposed change would increase the total building area from the 130,762 sq. ft. at total build-out that was approved in May 2007 to a total of 138,672 sq. ft. at total build-out. However, the current proposal would decrease impervious surface coverage at total build-out by 3,800 sq. ft. because the 15,800 sq. ft. rooftop, pavement, and concrete area previously proposed for the car wash would be replaced with merely 12,000 sq. ft. of building rooftop. No additional concrete or pavement is proposed in conjunction with the new storage building. Table 1 compares the previously-approved and proposed building areas, and Table 2 compares the impervious surface coverage between the previously-approved car wash facility and the proposed new storage building. Table 1: Total Building Area Comparison (Square Feet) Area 2000 Site Plan 2005 Site Plan 2007 Site Plan Current Proposal Office/Res. Apt 2,024 2,024 2,024 2,024 Storage Buildings 88,977 104,700 122,100 134,100 Office and Commercial Leasable Area 24,800 9,564 Garage 2,548 2,548 2,548 Car Wash Building 4,090 Total 115,801 118,836 130,762 138,672 Table 2: Impervious Surface Area Comparison (Square Feet) Area Car Wash Facility New Storage Building Rooftop 4,090 12,000 Pavement 11,518 Concrete 192 Total 15,800 12,000 As required for a conditional rezoning request, a community meeting was held on June 25, 2013 and a report of the community meeting has been included in the agenda packet. The meeting hosted only one attendee who had no questions or concerns about the proposal. No changes were made to the rezoning petition as a result of the community meeting. Z-927, (08/13) Page 4 Staff Position This application is necessitated by a condition on the original 2007 Conditional Use District rezoning approval that stipulated that no more changes would be requested for the property. The request is being facilitated by Section 55.3 – Conditional Zoning District of the County’sAZoningAOrdinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. Staff recommends the approval of the proposal with conditions. Action Needed Motion to approve the petitioner’s proposal as amended Motion to “table” the item in order to receive more information Motion to deny the petitioner’s request based on specific reasons Staff’s Recommended Motion: pproveAtheApetitioner’sAproposalAasAamended with the following conditions. 1) MaintainAaA20’AbufferAyardAtoAtheArear/westernAportionAofAtheAproperty. 2) Lighting for the facility will be unobtrusive down lighting. 3) Maintain all existing fencing and landscaping. 4) The new storage building shall mimic the orientation, style, and configuration of the existing street-facingAstorageAbuildingA(BuildingA“H”). APPLICANT MATERIALS PROPOSED PLAN Legal Description for B-2 / Conditional Use District Masonboro Township / New Hanover County / North Carolina BEGINNING at a point in the southwestern boundary of Carolina Beach Road, (U.S. Hwy. 421), a 140’ public right-of-way; said point being located South 39034'59" East, 804.97 feet from the intersection of the centerline of Carolina Beach Road with the southern boundary of Silver Lake Road, a 60’ public right- of-way; and running thence from the point of beginning with the right-of-way of Carolina Beach Road, South 39034’59” East, 641.11feet to a point; thence South 50027’33” West, 636.64 feet to a point; thence North 39034’39” West, 200.22 feet to a point; thence North 50025’23” East, 83.25 feet to a point; thence North 39036’02” West, 240.00 feet to a point; thence South 50025’23” West, 190.00 feet to a point; thence North 39034’37” West, 200.28 feet to a point; thence North 50024’26” East, 743.43 feet to the point and place of beginning, containing 9.40 acres, more or less. BEING all of that area shown on a plat recorded among the land records of the New Hanover County Registry, titled "Archie McGirt Commercial Tract," in Map Book 51, at Page 398. PLANNING BOARD ITEM #2 A-413, 09/13 Page 1 A-413 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: STAFF SUMMARY: Staff proposes to amend Article II: Definitions; Article V, Section 50.2: Tabulation of Permitted Uses; Article VII, Section 72-20; and Article VIII, Section 81-1. These amendments will replace the existing use of Child Day Care Center with two new uses, Child Care Center and Family Child Care Home, define these uses, specify in which zoning districts the uses are permitted, and establish standards for the uses. Proposed additions are in red. Proposed deletions are in strikethrough. PROPOSED AMENDMENT: Article II: Definitions Child Day Care Center – A place operated by a person, corporation, organization, or association which receives a payment, fee, or grant for the care of more than five (5) children thirteen (13) years of age or less for more than four (4) hours per day, without transfer of custody. Child Care Center – An arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care, unless excluded by NCGS § 110-82(2). Family Child Care Home – An arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive child care, unless excluded by NCGS § 110-82(2). Article V, Section 50.2: Tabulation of Permitted Uses Permitted Uses PD R 20S R 20 R 15 R 10 R7 B 1 B 2 I 1 I 2 O & I A R A I S C R A R F M U Supp Regs NAICS Children's Day Care (12/13/82) P S S S S S P P S S P S Family Child Care Home P P P P P P S S P S 72-20 Child Care Center P S S S S S P P S S P P S S A-413, 09/13 Page 2 Article VII, Section 72-20 Child Day Care Center Family Child Care Homes A child day care center Family Child Care Home may be permitted in any residential district subject to the dimensional requirements of the district and provided: (1) Off-street parking meets the requirements of Article VIII of this Ordinance; (2) A paved or otherwise improved driveway, with ingress and egress directly onto a public street, is constructed in such a manner as to provide entrance to and exit from the property without backing onto the street right-of-way; (3)(1) The entire play area is enclosed with a fence having a minimum height of four (4) feet and constructed in such a manner that maximum safety is ensured; (4)(2) No outside sign in excess of two (2) square feet in area shall be permitted, except when such facility is located on an existing collector or arterial facility as indicated on the New Hanover County Thoroughfare Classification Plan, in which case the maximum sign area shall be twelve (12) square feet. (5) The construction and operation of such facilities shall comply with the provisions of the General Statutes of the State of North Carolina and any other applicable Federal, State or local codes. Article VIII, Section 81-1 Child Day Care Center One (1) space per eight (8) participants for each employee plus four (4) spaces for off-street drive-in and pick-up PLANNING BOARD ITEM #3 A-414, 09/13 Page 1 A-414 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: STAFF SUMMARY: Staff proposes to amend Section 62.1-10: Street Yard Landscaping. A reference to the “Creative Standard” is proposed to be eliminated as no further detailed standards for this option are specified within the current ordinance. In lieu of this standard, staff proposes additional language in 62.1.10 (6) to allow limited flexibility in the planting requirements should specific site conditions warrant. Staff also proposes to increase the minimum streetyard area from 300 square feet to 600 square feet in response to concerns that the minimum area is relatively small and results in overcrowding and compromised health with the plantings at maturity. The amendment also specifies that access driveways, sidewalks, or other bicycle and pedestrian facilities may be subtracted from the streetyard area in order to accommodate these features within the site design. A regulation limiting impervious area within the streetyard is also proposed to be removed as impervious coverage during site design will be addressed via stormwater regulations. Proposed changes are in red. PROPOSED AMENDMENT: Section 62.1-10: Street Yard Landscaping (1) A street yard, as defined herein, must be provided for new construction of principal structures or for expansions to existing structures or used whenever additional off-street parking is required. However no street yard improvements shall be required for those portions of lot frontage used for driveways constructed in accordance with County or State driveway regulations. (2) It is intended that street yards be landscaped by meeting the following requirements of either the following Minimum Standard or Creative Standard. (A) Minimum Standard: For every 300 600 sq. ft. of streetyard area, the streetyard shall contain: (3) One Canopy/Shade tree, (3"caliper) minimum or 3 understory story trees, six ft. in height, only when overhead power lines exist above the streetyard; and (4) Six shrubs, 12" in height at planting. (A) Areas designated for stormwater functions except piped areas shall not be included in the calculation of streetyard square footage. (5) No more than 15% of the required streetyard shall be covered with an impervious surface. This portion of the street yard may be used for wWalkways, sidewalks or other bicycle and pedestrian facilities, fountains, walls or fences but no parking areas shall be permitted in these designated areas within the streeetyard, however, parking areas shall not be permitted. (6) If there are existing trees in the proposed streetyard, the County Zoning Administrator may grant credit toward meeting tree preservation requirements, provided their caliper is at least 2" or more. In addition the Zoning Administrator may require the saving of any regulated tree in the A-414, 09/13 Page 2 streetyard area. On a case-by-case basis, the Zoning Administrator or their designated agent may approve alternative planting materials or substitutions to streetyard planting requirements where requirements would not be practical because of existing vegetation. Such substitutions must be determined to be in keeping with the purpose and intent of this section. (7) The Streetyard area is calculated by multiplying the designated streetyard factor in accordance with the zoning designation of the property by the linear street frontage of the property, minus the area of access drives, walkways, sidewalks, or other bicycle and pedestrian facilities. The resultant square footage is required to be installed as the minimum streetyard amount. The applicant may install the streetyard in any configuration that provides the required amount of streetyard square footage between the property line and any site improvements. The maximum and minimum widths as listed in the following table may not be exceeded in any portion of the streetyard.