07-2013 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. **