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Home My WebLink About07-2013 July 11 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 July 11, 2013 The New Hanover County Planning Board will hold a public hearing on Thursday, July 11, 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 June 2013 Planning Board Minutes Item 1: Rezoning Request (Z-926, 06/13) - Request by Paramount Development Corporation on behalf of New Hanover Regional Medical Center Employee Pension Trust and the YMCA of Wilmington, Inc. to rezone 44.68 acres located at 8025 and 8107 Market Street from B-2, Highway Business and R-15, Residential to CZD (B-2), Conditional Zoning District Highway Business in order to develop a retail center. The subject properties are classified as Transition according to the 2006 CAMA Land Use Plan and are located within the Market Street Corridor Plan and the Porters Neck Small Area Plan. This item was continued from the June 6, 2013 Planning Board meeting. Item 2: Special Use Permit Request (S-590M, 07/13) - Request by Janie Walker for an in-home child daycare for 8 children at 4432 Jason Court in the Churchill Estates Subdivision. The subject property is zoned R-10, Residential and is classified as Urban according to the 2006 CAMA Land Classification Map. Technical Review Committee Report (June) 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 Z-926, 05/13 Page 1 of 2 Case Z-926 (05/13) Request to rezone approximately 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2) Conditional Zoning District B-2 Highway Business Petition Summary Data 8025 & 8107 Market Street Owner/Petitioner: Paramount Development Corporation Existing Land Use: The subject properties are located near the 8100 block of Market Street. The petition includes four parcels that comprise 44.68 acres. Three of the parcels have the address 8107 and one has the address 8025. The 8107 parcels are currently zoned B-2 Highway Business (see attached map) to a depth of approximately 975 feet. 8107 was rezoned in September, 2000 from R-15 Residential to B-2 Highway Business with a Special Use Permit for an Indoor/Outdoor Recreation Facility that was not constructed. These parcels are largely undeveloped with the exception of a water tower and telecommunications tower that have access through utility easements. 8025 is currently zoned R-15 Residential and is undeveloped. Zoning History: Area 5 (July 6, 1971); Area 8B (July 7, 1972) Land Classification: Transition Water Type: CFPUA Sewer Type: CFPUA Recreation Area: Ogden Park Access & Traffic Volume: The Average Daily Traffic (ADT) near the 8100 block of Market Street (near the State Employee’s Credit Union) has a volume of 37,654 vehicle trips per day. The road design capacity is 43,700 along this area of Market Street. The Level of Service is “E” meaning that the road is approaching design capacity. Fire District: New Hanover County Fire Service District (North) Watershed & Water Quality Classification: Pages Creek (Shellfish-High Quality Water) Aquifer Recharge Area: Primary recharge area for Castle Hayne and Peedee Aquifers Conservation/Historic/Archaeological Resources: No flood or county conservation areas are located on the subject property. Soils: Kureb, Leon, Murville, and Rimini Septic Suitability: Kureb and Rimini sands are classified as Class I soils with suitable to slight limitations. Leon and Murville are classified as Class III soils with severe limitations and are known to require extensive modifications and intensive maintenance. Z-926, 05/13 Page 2 of 2 Schools: Ogden Elementary School Capacity 595 Current Enrollment 692 Planning Areas: 2006 Joint City-County CAMA Land Use Plan Market Street Corridor Plan Porters Neck Community Plan LabelProperty OwnerLabel Property Owner 1208AB COUNTRY HAVEN DR COA74MOBLEY SARA J HRS 24 CORNERS PROPERTIES LLC75MOELLER BRIAN C TAMMY J 3APOLLONIO THOMAS LAURA R76MORGAN MARY BETH 4AYCOCK MAGGIE HRS77MOSELEY ALICE S 5BALDWIN TRACI K78MOSELEY ALICE S EDWARD H III 6BARHAM SETH PAUL ETAL79NEW HAN CNTY ALCOHOLIC BD 7BARTLETT TODD A DEBRA A80OAK GROVE BAPTIST CHURCH 8BARTLETT TODD A ETAL81OLSCHESKY GREGORY W 9BERKE INVESTMENTS LLC82PARKER CHARLES C 10BLACK CHRISTOPHER B83PEARSON KENNETH HOWARD 11BOTBOL ANDREW JOSHUA ETAL84PIERCE DENNIS R EDITH D 12BOWERS RICHARD M SHANNON POWELL85PORTER ALTON RAY WENDY L 13BRICKHOUSE STUART L PEGGY D86POWELL PEGGY S BILLY J II 14BRINKER PAUL D CARMEN G87REALTY INCOME CORPORATION 15BUCK BERTHA H88RHODES NOEL RAY SUSAN R 16CAISON DONALD H CAISON SR NANCY89SHUCO LLC 17CAISON DONALD H NANCY Y90SIMPSON MARCUS K NATALIE 18CAISON DONALD H NANCY Y91SMITH VICK V 19CAISON DONALD H NANCY Y92STATE EMPLOYEES CREDIT UNION 20CAISON DONALD H NANCY Y93STREETER JAMES S LORI A 21CAISON ROBIN S94SULLIVAN BRYAN K SANDRA C 22CANADY REVOCABLE LIVING TRUST95SULLIVAN BRYAN K SANDRA C 23CANADY REVOCABLE LIVING TRUST96SYDES CECIL SUSAN 24CANADY REVOCABLE LIVING TRUST97THOMPSON DICK J 25CAPE FEAR PUBLIC UTILITY AUTHORITY98THOMPSON DICK J 26CARMEN EUGENE B BILLIE W99THORNTON MARK CAROLINE 27CARROLL KATHERINE100TLCV INVESTMENTS LLC 28CARROLL KATHERINE A101TP HOLDINGS LLC 29CHATFIELD KURT A II CAROLYN E102TP HOLDINGS LLC 30CLAPP CHRISTOPHER L LESLIE R103TTB HARRIS LLC 31CLARK RICHARD NEIL KATHY C104TURNER MARK E HEATHER D 32CLAUSEN CATHLEEN M JON T105WAVERLY INVESTMENTS LLC 33CORBETT JESSICA106WAVERLY INVESTMENTS LLC 34COUNTRY HAVEN PROP OWNERS ASSN107WILLIAMS ROBIN C PAMELA P 35COUNTRY HAVEN PROPERTY OA INC108WILSON JOSEPH W DONNA P 36DOWDY ROBERT H III VICKI H109WRIGHT CHRISTOPHER C 37EDWARDS RONALD S JENNIFER M110YORK CINDY 38EMROSE CORPORATION111YUNASKA ROBERT L 39FARROW MICHAEL R SHERRI C112YUNASKA ROBERT L 40FARROW MICHAEL R SHERRI C113ZEARFOSS CHARLES D AUDREY H 41FERGUSON MICHAEL R REBECCA L 42FERRO JOSEPH L KATHLEEN M 43FERRO JOSEPH L KATHLEEN M 44FOULKE DANIELLE 45FURR ANDREW M KATHRYN C 46FURR ANDREW M KATHRYN C 47FURR ANDREW MARTIN 48FURR ANDREW MARTIN 49FURR DANIEL S 50FURR DANIEL S JEANEEN L 51FURR FAMILY PARTNERSHIP LLC 52GRABOFSKI JOHN C CATHARINE M 53GRAY PROPERTY 2205 LLC 54GRAY PROPERTY 2205 LLC 55HALES WILBUR RAY JR 56HOBBS ENTERPRISES LLC 57HODGES KELLY CHRISTOPHER 58HUTSON MICHAEL T 59JOHNSON KELLY K 60JOLLY AARON DANIEL SARA A 61JOLLY ARNOLD JR SHERI S ETAL 62JONES JESSE JENNIFER 63KANE SHARON 64KENWORTHY JAMES A MARY C 65LEONARD ESTHER W 66LEWIS BARBARA TIPTON ETAL 67LLINAS CARRIE P 68LOVE STEPHEN M DEBRA A 69MARINELLI MAIKE MICHAEL 70MCCORMICK EDWARD J MAGDALENA A 71MCCOY WILLIAM R RETA J 72MEDAC PROFESSIONAL CENTER COA INC 73MEEHAN FRANCIS J MAUREEN L Z-926, 06/13 PROPERTY OWNERS WITHIN 500' APPLICANT MATERIALS PROPOSED PLAN Wilmington (Bayshore), North Carolina #4065 - New StoreMay 28, 2013 DESIGN REPRESENTATION ONLY - NOT FOR CONSTRUCTION The building images shown are a representation of the current design intent only. The building images may not reflect variaions in color, tone, hue, tint, shading, ambient light intensity, materials, texture, contrast, font style, construction variations required by building codes or inspectors, material availability or final design detailing Elevations SignQty.HeightArea (S.F.)Total S.F. 15'–6"298.00298.00 13'-6"189.64189.64 Market12'–6"28.1728.17 Home & Pharmacy12'–6"97.6697.66 Outdoor Living12'–6"77.1777.17 Pharmacy Drive-Thru 21'–6"39.9079.80 Pharmacy Drive-Thru 12'–0"74.7874.78 Auto Center12'–0"31.4731.47 Auto Center 12'–0"34.5034.50 Total Building Signage911.19 Front Elevation Rear Elevation Smooth face CMU painted "Meadowlark" SW 7522 Smooth face CMU painted "Meadowlark" SW 7522 Metal door painted "Meadowlark" SW 7522 Metal door painted "Aurora Brown" SW 2837 Split face CMU painted "Meadowlark" SW 7522 Truck dock screen wall Metal door painted "Meadowlark" SW 7522 Metal door painted "Meadowlark" SW 7522 Smooth face CMU painted "Meadowlark" SW 7522 Split face CMU painted "Meadowlark" SW 7522 Split face CMU painted "Dromedary Camel" SW 7694 Split face CMU painted "Meadowlark" SW 7522 Split face CMU painted "Meadowlark" SW 7522 Split face CMU painted "Meadowlark" SW 7522 Split face CMU painted "Meadowlark" SW 7522 Split face CMU painted "Dromedary Camel" SW 7694 Right Elevation Left Elevation Metal parapet coping painted "Meadowlark" SW 7522 Smooth face CMU painted "Meadowlark" SW 7522 Smooth face CMU painted "Meadowlark" SW 7522 Smooth face CMU painted "Meadowlark" SW 7522 Metal parapet coping painted "Meadowlark" SW 7522 Split face CMU painted "Meadowlark" SW 7522 Split face CMU painted "Dromedary Camel" SW 7694 EIFS painted "Cobble Brown" SW 6082 Metal canopy painted "Summit Gray" SW 7669 Split face CMU painted "Dromedary Camel" SW 7694 Stone veneer Stone veneerStone veneer Stone veneerStone veneer Metal roof "Lead-Cote" by Berridge EIFS cornice painted "White" Trespa Meteon "Dark Brown" Trespa Meteon "Cobble Brown" Metal parapet coping painted "Meadowlark" SW 7522 Chain link fence (black vinyl coated) Galvanized chain link fence enclosure Metal door painted "Meadowlark" SW 7522 Truck dock screen wall Chain link fence (black vinyl coated) Pilasters Architectural masonry "Promenade Blend" Quik Brik EIFS cornice painted "White" Architectural masonry "Promenade Blend" Quik Brik Pilasters Architectural masonry "Promenade Blend" Quik Brik EIFS cornice painted "White" Metal awning painted "Tricorn Black" SW 6258 Metal awning painted "Tricorn Black" SW 6258 Wilmington (Bayshore), North Carolina #4065 - New StoreMay 28, 2013 DESIGN REPRESENTATION ONLY - NOT FOR CONSTRUCTION The building images shown are a representation of the current design intent only. The building images may not reflect variaions in color, tone, hue, tint, shading, ambient light intensity, materials, texture, contrast, font style, construction variations required by building codes or inspectors, material availability or final design detailing Perspective AGENCY COMMENTS JULY 11, 2013 PLANNING BOARD MEETING Item 2: Special Use Permit Request (S-590M, 07/13) - Request by Janie Walker for an in-home child daycare for 8 children at 4432 Jason Court in the Churchill Estates Subdivision. The subject property is zoned R-10, Residential and is classified as Urban according to the 2006 CAMA Land Classification Map. S-590M (7/13) Page 1 of 2 SPECIAL USE PERMIT S-590M, 7/13: Daycare for up to 8 Children Request By: Janie Walker Location: 4432 Jason Court, Churchill Estates Subdivision 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. Public water and sewer serves the property. B. The property accesses N. Kerr Avenue, an identified arterial, by Grathwol Drive a local street. C. Level of Service on N. Kerr Avenue is rated as D, meaning traffic is approaching unstable flow with speeds slightly decreasing as traffic volume slightly increases. D. Average daily traffic counts along N. Kerr Ave. in the vicinity decreased by about 23% between 2009 and 2011. E. Traffic Impact Analysis is not required because traffic for this use will not reach the threshold of 100 peak hour trips. F. Fire Service is available from the Ogden Fire Department. G. The property is not located in a flood hazard area. H. The proposed facility is a single family residence. The applicant currently keeps 5 children. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-10 Residential. B. Off-street parking requirements must meet Article VIII of the New Hanover County Zoning Ordinance. (Four spaces for drop-off and pick up in addition to the two spaces required for the residence.) C. An existing paved driveway with access to Jason Court for ingress and egress will be improved to meet access requirements detailed in Section 72-20(2). D. There is an existing play area which is enclosed by a chain link fence that is four feet high as required by the ordinance. E. The day care must be licensed by the State of North Carolina. F. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted. G. All other local, state and federal requirements must be met, including possible property upgrades to meet building codes and fire safety codes. 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. Child care facilities exist in other residential districts in New Hanover County. The applicant has been operating a home daycare in the neighborhood. S-590M (7/13) Page 2 of 2 B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan Update identifies this area as Urban. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs. STAFF COMMENTS Staff feels that these findings are positive. ACTION NEEDED: (Choose one) 1. Motion to recommend the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to recommend Denial based on specific negative 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. Case: S-590M, 7/13 In-home daycare for 8 children Petition Summary Data Owner/Petitioner: Janie Walker Existing Land Use: Single Family Home (currently keeps 5 children) Zoning History: July 1, 1972 (Area 9A) Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Ogden Park Access & Traffic Volume: N. Kerr Avenue (arterial) via Grathwol Dr. to Jason Ct. Nearest ADT 2009 =14,308; ADT 2011 = 11,000 or -23% LOS=D Fire District: Ogden Fire Department New Hanover County Fire District (North) Watershed & Water Quality Classification: Smith Creek C;Sw 303(d) list Aquifer Recharge Area: Primary or secondary recharge for the principal aquifers Conservation/Historic/Archaeological Resources: None Soils: Wr- Wrightsboro Fine Sandy Loam Septic Suitability: Class II Moderate Limitations Schools: Blount Elementary S‐590M, 7/13 PB LabelOWNERLabelOWNER 1ALTMAN DAVID M JENNIFER A75WILKINS HENRY T DIXIE I 2ARITA BARRY L THERESA M76WILSON CHARLES K HOLLY W 3BARRETT CHRISTOPHER ALISON GEORGE77WILSON DOUGLAS 4BENTZLER JASON S SARAH R78WILSON MICHAEL BERNEDA 5BLANCHARD KRISTIN LYNN 6BLANCHARD LYNN BOOKER 7BLOCK ERNIE M JUDY M 8BOMBELYN MONTY L 9CLINE ROBERT G LUANNE 10COATS BRENT JOY 11DEERBROOK LLC 12DEERBROOK OWNERS ASSN INC 13DICKINSON CHARLES B III 14DIGGS KEITH T MARY E 15DIXON RENEE 16EVANGELISTA VICTOR J 17FEDERAL NATIONAL MORTGAGE ASSOC 18GOODMAN RUTH ANN ETAL 19GRIFFIN CASEY BRIAN TERRI B 20HAGER TED E JR LISA M 21HANSEN HUGO T JR SUSAN C 22HARPER LEWIS KAREN B 23HELOU SHAREEN 24HENDRIX MICHAEL R FAMILY IRREVOC TR ETAL 25JACOBS KRISTOPHER B DEBRA G 26JACOTT JOSE RUTH 27JACOTT MYRNA 28JECHA ARTHUR J DOROTHY A LIFE EST 29JOHNSON DELBERT L BRENDA 30JONES CORA E ETAL 31JOYNER KENNETH M JUDY F 32KISSLING SHARON ANNE 33LAMA RALPH ALAN MARY ANN 34LAMPROS STEPHEN MARTHA P ETAL 35LANGE JOHN X 36LELOUDIS HILDA B 37LEONARD JOHN T JR SUSAN MARY 38LEWIS ALANA C 39MALLARD JOHN A SR CAROLYN S 40MARUHN STACY 41MCCRIMMON MARYANN 42MICHAEL DAVID A FAITH L 43MILLER GARY B 44MORROW HOLLY D 45MOYE RUTH A 46MURRAY MICHAEL R KRISTINA LEIGH 47NIXON MELVIN T BETTIE LYDE 48NUNGESSER DONALD B DEBBIE L 49ONEIL GORDON L LIVING TRUST 50PHIPPS MICHAEL J 51POHLMAN DIANE 52RAZILLARD LISA 53REESE SHANNON C 54RICHBURG JAMES E JR BARBARA B 55RIPLEY SANDRA 56ROGERS RONALD W 57ROMERO HENRY R CRYSTAL L 58ROWE RONNIE R 59SAFRIET DALLAS W 60SEGRE MARC SUSAN 61SHAFFER KRISTIE BUNDY 62SHERWOOD MATTHEW KELLY 63SIDBERRY TERRY 64SMITH GARLAND R CINDY B 65SPENCER BARBARA A 66STACKHOUSE JAMES MILTON 67STALLINGS JEFFREY D LYNNE S 68STONE CHARLES KEVIN 69URENA WILLIAM B NILSA 70VAUGHAN KENNON K PATRICIA T 71VERA OMERO M GRISEVELIA MARTINEZ 72WALKER DANIEL L JR JANIE W 73WHITE JONATHAN LEE 74WILDER WILLIAM C APPLICANT MATERIALS TECHNICAL REVIEW COMMITTEE REPORT: JUNE, 2013 The County’s Technical Review Committee met once during the month of June and reviewed/discussed two (2) projects. Hanover Reserve (Performance Plan) Hanover Reserve is located in the northeastern portion of the County near Murrayville Road and is classified as Urban and Wetland Resource Protection on the 2006 CAMA Land Use Plan. The petitioner for the project requested preliminary site plan approval for 86 residential lots to be served by public water and sewer. Access to the property would be thru Quail Woods Road (public) and Rabbit Hollow Drive (public). Most of the proposed roads within the project are designated as private. In a vote of 5‐0, the TRC approved Hanover Reserve for 86 residential lots with the following conditions: 1) Roads within the project will be designated as public. Every effort will be made to meet NCDOT’s technical standards for public roads with eventual acceptance onto their road maintenance system. In the event the roads don’t meet technical standards, a NCDOT letter must be submitted to the Planning and Inspections Department outlining the reasons why the standards can’t be met. 2) Olde Bay Circle and Smith Creek Drive are street name duplications. Unduplicated street names will need to be submitted to the Planning and Inspections Department for review and approval. 3) No obstructions, traffic calming devices or gates will be permitted within the development. 4) Storm water and erosion control plans will be reviewed during the construction plan phase of the project. 5) Water and sewer capacity will need to be phased. The well site located near the project will need to be finalized with the CFPUA. 6) Applicable local, State, and Federal regulations. Middle Sound Village (EDZD Exceptional Design Plan) Middle Sound Village is located in Ogden off Market Street on Middle Sound Loop Road and is classified as Watershed Resource Protection on the 2006 CAMA Land Use Plan. In August, 2010, the Board of New Hanover County Commissioners approved the rezoning of 9.93 acres from R‐15 Residential to EDZD Exceptional Design Zoning District for no more than 47 lots. The petitioner for the project requested final plan approval for 45 residential lots in accordance with Section 54.1‐9 of the County’s Zoning Ordinance. The project will be served by public water and sewer with one entrance off Middle Sound Loop Road. Internal access serving the 45 lots will be private. Based on the fact that the petitioner was not present at the TRC meeting along with several EDZD elements missing from the site plan, the TRC “continued” the Middle Sound Village project until the elements were completed. The vote was 5‐0. ** The next regular meeting of the TRC will be July 10, 2013. Two (2) items are slated to be on the agenda. **