Loading...
HomeMy WebLinkAbout2015-10 October 1 2015 Agenda PackageAGENDA NEW HANOVER COUNTY PLANNING BOARD New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC New Hanover County Historic Courthouse DONNA GIRARDOT, CHAIRMAN - ANTHONY PRINZ, VICE-CHAIRMAN TAMARA MURPHY, BOARD MEMBER - ERNEST OLDS, BOARD MEMBER THOMAS (JORDY) RAWL, BOARD MEMBER - EDWARD T. (TED) SHIPLEY, III DAVID WEAVER, BOARD MEMBER CHRIS O'KEEFE, OCTOBER 1, 2015 6:00 PM Call Meeting to Order (Chairman Donna Girardot) Pledge of Allegiance (Sam Burgess) Approval of September 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 Rezoning Application (Z-945, 10/15) – Request by David Harner of Paramount Development Corporation on behalf of the property owner, Thalia Dukes, and Lawrence S. Craige, legal guardian, to rezone 8.1 acres located at the 6700 block of Gordon Road from R-15, Residential District, to B-2, Highway Business District. The property is classified as Urban according to the 2006 CAMA Land Use Plan. 2Public Hearing Rezoning Application (Z-946, 10/15) – Request by Cindee Wolf of Design Solutions on behalf of the property owner, Trask Farms of New Hanover, LLC, to rezone 23.74 acres located at the 2400 block of N Kerr Ave from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District, to develop a veterinary use. The property is classified as Transition according to the 2006 CAMA Land Use Plan. 3Public Hearing Special Use Permit Application (S-628, 10/15) – Request by Cindee Wolf of Design Solutions on behalf of the property owner, Trask Farms of New Hanover, LLC, to establish a dwelling unit contained within a principle use in the I-1 zoning district located at the 2400 block of N Kerr Ave. The property is classified as Transition according to the 2006 CAMA Land Use Plan. TECHNICAL REVIEW COMMITTEE REPORT 1Technical Review Committee Report For September 2015 OTHER ITEMS 1Other Business Planning Board - October 1, 2015 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2015 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): Brad Schuler; Ben Andrea, Current Planner & Zoning Supervisor; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Rezoning Application (Z-945, 10/15) – Request by David Harner of Paramount Development Corporation on behalf of the property owner, Thalia Dukes, and Lawrence S. Craige, legal guardian, to rezone 8.1 acres located at the 6700 block of Gordon Road from R-15, Residential District, to B-2, Highway Business District. The property is classified as Urban according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: The subject property includes five parcels of land totaling 8.1 acres located at the 6700 block of Gordon Road, approximately 1,000 feet west of the intersection with Market Street. The zoning in the vicinity consists mostly of industrial, residential, and business districts. Adjoining the property to the west and south is the Dutch Square Industrial Park. To the north is Eaton Elementary School and the Cape Harbor apartment complex. Commercial zoning and uses are located to the east, along Market Street and Military Cutoff. The property also borders land within the City of Wilmington which too contains a variety of commercial uses. The property is classified as Urban according to the 2006 CAMA Land Use Plan. The purpose of the Urban class is to provide for continued intensive development and redevelopment of existing urban areas. As this application is not for a conditional zoning district or a conditional use zoning district, a conceptual site plan is not required to be submitted, and conditions above and beyond the requirements of the zoning ordinance cannot be added to the proposed district. Should this rezoning be approved, the property would be allowed to be developed in accordance with the standards of the B-2 zoning district within the zoning ordinance. 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 ITEM: 1 Planning Board - October 1, 2015 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggest the following motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 8.1 acres from R-15, Residential District, to B-2, Highway Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the “Urban” land use classification allows for continued extensive development and redevelopment of existing urban areas, and because the application includes land near an existing commercial node with access to an arterial street which is suited for urban development, which is consistent with the Land Use Plan’s implementation strategies. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them at major intersections or along major thoroughfares, and because Gordon Road was recently rated as having a “D” Level of Service which is generally assumed to be an acceptable and safe level of service, and because there are existing plans to improve and widen Gordon Road. ATTACHMENTS: Z-945 Script for PB Z-945 Petition Summary Z-945 Staff Summary Z-945 Neighbor Properties Map Z-945 Zoning-Aerial Map Z-945 CAMA Map Z-945 Water-Sewer Map Applicant Materials Cover Z-945 Application ITEM: 1 Planning Board - October 1, 2015 SCRIPT FOR Zoning Map Amendment Application (Z-945, 10/15) Request by David Harner of Paramount Development Corporation on behalf of the property owner, Thalia Dukes and Lawrence S. Craige, legal guardian, to rezone 8.1 acres located at the 6700 block of Gordon Road from R-15, Residential District, to B-2, Highway Business District. The property is classified as Urban according to the 2006 CAMA Land Use Plan. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Planning Board discussion 5. At this time, the Board shall consider the proposed zoning map amendment application and make a recommendation to the County Commissioners. A recommendation for approval is automatically forwarded to the County Commissioners. A recommendation for denial ends consideration of the application unless the recommendation is appealed. Appeals must be submitted no later than 10 days following the decision. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 6. Vote on the zoning map amendment application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 8.1 acres from R-15, Residential District, to B-2, Highway Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the “Urban” land use classification allows for continued extensive development and redevelopment of existing urban areas, and because the application includes land near an existing commercial node with access to an arterial street which is suited for urban development, which is consistent with the Land Use Plan’s implementation strategies. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them at major intersections or along major thoroughfares, and because Gordon Road was recently rated as having a “D” Level of Service which is generally assumed to be an acceptable and safe level of service, and because there are existing plans to improve and widen Gordon Road. - 1 - 1ITEM: 1 Planning Board - October 1, 2015 Z-945, 10/15 Page 1 of 1 Case Z-945, (10/15) Rezone from R-15, Residential District, to B-2, Highway Business District Petition Summary Data Parcel Location & Acreage: 6700 Block of Gordon Road, 8.1 acres Petitioner/Owner: David E. Harner on behalf of Thalia Dukes and Lawrence Craige Existing Land Use: Undeveloped/single-family residential Zoning History: August 18, 1971 - Initially zoned R-15 via Area 6 Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Ogden Park Access: The site has access to Gordon Road Fire District: New Hanover County North Watershed & Water Quality Classification: Smith Creek (C;Sw) Conservation/Historic/ Archaeological Resources: None Soils and Septic Suitability: Murville fins sand (Mu) - Class III: Severe Limitation Leon soil (Le) - Class III: Severe Limitation Schools: Blair Elementary, Trask Middle, Laney High - 2 - 1ITEM: 1 Planning Board - October 1, 2015 Z-945, (10/15) Page 1 of 5 ZONING MAP AMENDMENT APPLICATION CASE: Z-945, 10/15 PETITIONER: David Harner of Paramount Development Corporation on behalf of the property owner, Thalia Dukes, and Lawrence Craige, legal guardian. REQUEST: Rezone from R-15, Residential District, to B-2, Highway Business District ACREAGE: 8.1 acres LOCATION: 6700 Block of Gordon Road PID: R04003-007-003-000 R04300-007-004-000 R04300-007-002-000 R04300-007-005-001 R04300-007-002-002 LAND CLASS: Urban EXISTING CONDITIONS: Existing Zoning and Land Uses The subject property includes five parcels of land totaling 8.1 acres located at the 6700 block of Gordon Road, approximately 1,000 feet west of the intersection with Market Street. The property was originally zoned R-15 when zoning was initially applied to this area in 1971. The zoning in the vicinity consists mostly of industrial, residential, and business districts. Adjoining the property to the west and south is the Dutch Square Industrial Park. To the north is Eaton Elementary School and the Cape Harbor apartment complex. Commercial zoning and uses are located to the east, along Market Street and Military Cutoff. The property also borders land within the City of Wilmington which too contains a variety of commercial uses. - 3 - 1ITEM: 1 Planning Board - October 1, 2015 Z-945, (10/15) Page 2 of 5 Existing Site Conditions The property proposed to be rezoned consists of five parcels of land. Four of the parcels are currently undeveloped, and one parcel contains a single-family dwelling. The property has frontage on, and is accessed by Gordon Road. Community Services Water and Sewer: The property is within the Urban Services boundary, and water and sewer infrastructure is located along Gordon Road. 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 Blair Elementary, Trask Middle, and Laney High 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 8.1 acres currently zoned R-15, Residential District, to B-2, Highway Business District. STAFF POSITION: Zoning and Subdivision Ordinance Considerations As this application is not for a conditional zoning district or a conditional use zoning district, a conceptual site plan is not required to be submitted, and conditions above and beyond the requirements of the zoning ordinance cannot be added to the proposed district. Should this rezoning be approved, the property - 3 - 2ITEM: 1 Planning Board - October 1, 2015 Z-945, (10/15) Page 3 of 5 would be allowed to be developed in accordance with the standards of the B-2 zoning district within the zoning ordinance. Traffic The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count in January of 2014 at the 6700 block of Gordon Road. The count yielded an Average Daily Traffic (ADT) of 22,987 trips, which equates to a “D” Level of Service (LOS) for that portion of Gordon Road. According to the County’s adopted Traffic Impact Study Standards guidebook, a LOS of “D” is generally assumed to be an acceptable and safe level of service. The 2016-2025 State Transportation Improvements Program includes a project to widen Gordon Road from the NC 132 interchange ramp to west of US 17 Business (Market Street). Construction of the project is expected to begin in 2024. A median will also be installed along Gordon Road, east of the subject property, in accordance with plans for the Military Cutoff extension. Any proposed development of the property that will generate more than 100 peak hour trips will require a Traffic Impact Analysis (TIA) be completed. TIAs are reviewed by the County, WMPO, and North Carolina Department of Transportation, and may necessitate roadway improvements. Regardless of peak hour trip generation, any new uses would be scoped for traffic impacts during the driveway permitting process. Environmental The area proposed to be rezone is not within a Special Flood Hazard Area and contains Class III soils. Class III soils have severe limitations for septic suitability and may require extensive modification and intensive maintenance to accommodate septic system. Land Use Plan Considerations The property is classified as Urban according to the 2006 CAMA Land Use Plan. The purpose of the Urban class is to provide for continued intensive development and redevelopment of existing urban areas. - 3 - 3ITEM: 1 Planning Board - October 1, 2015 Z-945, (10/15) Page 4 of 5 REVIEW AND ACTION: This request has been processed and reviewed per Section 110 – Amending the Ordinance. Staff recommends the approval of the application as requested. Staff concludes that the application is consistent with the 2006 Wilmington-New Hanover County CAMA Land Use Plan. As the application seeks to expand a commercial node located along a major intersection, it complies with Implementation Strategies 4.3.1 and 4.3.6 of the CAMA Land Use Plan: Implementation Strategy 4.3.1: Locate regional commercial nodes at major intersections consistent with the Land Classification Map, the Wilmington Future Land Use Plan, and corridor plans to accommodate uses that serve a regional market. Implementation Strategy 4.3.6: Locate commercial centers to provide community level service and trade needs at key intersections or on major thoroughfares with appropriate performance and design requirements. Action Needed  Motion to recommend approval of the petitioner’s application  Motion to “table” the application in order to receive more information  Motion to recommend denial of the petitioner’s application based on specific reasons Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 8.1 acres from R-15, Residential District, to B-2, Highway Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistent]. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this application for a zoning map amendment of 8.1 acres from R-15, Residential District, to B-2, Highway Business District as described is: 1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is not consistent]. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. - 3 - 4ITEM: 1 Planning Board - October 1, 2015 Z-945, (10/15) Page 5 of 5 Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this application for a zoning map amendment of 8.1 acres from R-15, Residential District, to B-2, Highway Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the “Urban” land use classification allows for continued extensive development and redevelopment of existing urban areas, and because the application includes land near an existing commercial node with access to an arterial street which is suited for urban development, which is consistent with the Land Use Plan’s implementation strategies. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them at major intersections or along major thoroughfares, and because Gordon Road was recently rated as having a “D” Level of Service which is generally assumed to be an acceptable and safe level of service, and because there are existing plans to improve and widen Gordon Road. - 3 - 5ITEM: 1 Planning Board - October 1, 2015 2528 17 0 0 36 0 6 29 41 30 8 5 27 15 21 9 24 7 4 14 3316 18 26 40 1 39 34 31 37 20 19 23 12 11 3 38 32 00 43 42 102 22 3513 MARKET ST GORDON RD NETHERLANDS DR MI L ITA RY CU TOF F R D PRIVATE O L D D A I R Y R D A M S T E R D A M W A Y C A P E H A R B O R D R D E A C O N L N O G D E N P A R K D R DAYBREAK LN ANTILLES CT HALYARD CT PRIVATE W I N D M ILL W A Y PARADISE WAY PRIVATE P R I V A T E PRIVATE P R I V A T E PRIVATE PRIVATE PRIVATE PRIVATE 500Feet Parcels within 500 Feet of Case Site 10/1/2015 Applicant:Case:Review Board:Planning BoardZoning Map Amendment Request:Notes:Z-945 B-2 Date: Existing Zoning:R-15David E Harner, CCIMParamount DevelopmentCorporation Proposed Zoning: PLANNING & INSPECTIONSDirector: Chris O'Keefe Z-944 ®HNC Site Address:6700 BlockGordon Rd Z-945 Neighboring Parcels ! ! ! !!!!!!!!!! ! ! !!!!!!!!!! Case Site R-15 I-1 CITY O&I B-2 B-2 I-2 Zoning IDAddressIDAddress1 6804 GORDON RD256761 GORDON RD2 6855 MARKET ST266821 MARKET ST3 6806 GORDON RD276845 MARKET ST4 6855 MARKET ST286701 GORDON RD5 6736 NETHERLANDS DR296789 C/A MARKET ST6 6752 GORDON RD306789 2 MARKET ST7 6736 NETHERLANDS DR31203 ANTILLES CT8 207 ANTILLES CT326805 NETHERLANDS DR9 6816 GORDON RD336789 2 GORDON RD10 6814 GORDON RD34204 ANTILLES CT11 6768 GORDON RD356800 GORDON RD12 6745 NETHERLANDS DR06760 GORDON RD13 6772 GORDON RD06760 GORDON RD14 6744 NETHERLANDS DR06770 GORDON RD15 6725 NETHERLANDS DR06756 GORDON RD16 0 GORDON RD06770 GORDON RD17 6805 MARKET ST366837 MARKET ST18 6779 1 GORDON RD376769 GORDON RD19 6801 GORDON RD386790 GORDON RD20 6740 NETHERLANDS DR396743 AMSTERDAM WAY21 208 ANTILLES CT406811 GORDON RD22 6857 MARKET ST416789 1 MARKET ST23 6802 GORDON RD42202 ANTILLES CT24 6750 GORDON RD436777 MARKET ST - 4 - 1 ITEM: 1 Planning Board - October 1, 2015 B-2 CITY R-15 I-1 I-2 R-15 R-15 R-10 R-10 I-1 CD O&I O&I B-2 I-1 CD CITY MARKET ST GORDON RD NETHERLANDS DR M IL ITARY C U T OF F R D PRIVATE O L D D A I R Y R D A M S T E R D A M W A Y CAPE HARBOR DR D E A C O N L N O G D E N P A R K D R DAYBREAK LN ANTILLES CT HALYARD CT PRIVATE W IN D M IL L W A Y PARADISE WAY WYCK FARM WAY S T A TI O N R D PRIVATE P R I V A T E PRIVATE P R I V A T E PRIVATE PRIVATE PRIVATE PRIVATE 500Feet PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC Z-945 A-I A-I CD AR B-1 B-1 CD B-2 B-2 CD EDZD I-1 I-1 CD I-2 O&I O&I CD PD R-10 R-10 CD R-15 R-15 CD R-20 R-20 CD R-20S R-7 CD RA RFMU SC Zoning Districts Incorporated Areas See Section 59.4 of the Zoning OrdinanceCOD SHOD 10/1/2015 Applicant:Case:Review Board:Planning BoardZoning Map Amendment Request:Notes:Z-945 B-2 Date: Existing Zoning:R-15David E Harner, CCIMParamount DevelopmentCorporation Proposed Zoning: Site Address:6700 BlockGordon Rd - 5 - 1 ITEM: 1 Planning Board - October 1, 2015 Urban Transition Watershed Resource Protection Wetland Resource Protection Area MARKET ST GORDON RD NETHERLANDS DR M IL ITARY C U T OF F R D PRIVATE O L D D A I R Y R D A M S T E R D A M W A Y CAPE HARBOR DR D E A C O N L N O G D E N P A R K D R DAYBREAK LN ANTILLES CT WOOD SORRELL RD HALYARD CT PRIVATE W IN D M IL L W A Y PARADISE WAY FARRINGTON FARMS DR WYCK FARM WAY S T A TI O N R D PRIVATE P R I V A T E PRIVATE P R I V A T E PRIVATE PRIVATE PRIVATE PRIVATE 500Feet PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC Z-945 CAMA Classifications Conservation Area Natual Heritage Resource Protection Area Aquifer Resource Protection Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural Not in Planning Area 10/1/2015 Applicant:Case:Review Board:Planning BoardZoning Map Amendment Request:Notes:Z-945 B-2 Date: Existing Zoning:R-15David E Harner, CCIMParamount DevelopmentCorporation Proposed Zoning: Site Address:6700 BlockGordon Rd - 6 - 1 ITEM: 1 Planning Board - October 1, 2015 MARKET ST GORDON RD NETHERLANDS DR M IL ITARY C U T OF F R D PRIVATE O L D D A I R Y R D A M S T E R D A M W A Y CAPE HARBOR DR D E A C O N L N O G D E N P A R K D R DAYBREAK LN ANTILLES CT WOOD SORRELL RD HALYARD CT PRIVATE W IN D M IL L W A Y PARADISE WAY FARRINGTON FARMS DR WYCK FARM WAY S T A TI O N R D PRIVATE P R I V A T E PRIVATE P R I V A T E PRIVATE PRIVATE PRIVATE PRIVATE 500Feet PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC Z-945 Sewer Collector Water Distribution Main Urban Services Area MAR KET ST ^ I-140 I-140 I- 4 0 RIVER RD U S H W Y 421 C A R O L I N A B E A C H SI D BU R Y R D MARKET ST C A S T L E H A Y N E R D BLUE CLAY RD COLLE GE RD S H O LL Y S H E L T E R R D OLEANDER DR EASTWOOD RD SHIPYA RD BLV I-40 E R I V E R R D DOW RD S BEACH RD S *Site In USB* Urban Services Area 10/1/2015 Applicant:Case:Review Board:Planning BoardZoning Map Amendment Request:Notes:Z-945 B-2 Date: Existing Zoning:R-15David E Harner, CCIMParamount DevelopmentCorporation Proposed Zoning: Site Address:6700 BlockGordon Rd - 7 - 1 ITEM: 1 Planning Board - October 1, 2015 APPLICANT MATERIALS - 8 - 1ITEM: 1 Planning Board - October 1, 2015 - 8 - 2ITEM: 1 Planning Board - October 1, 2015 - 9 - 1 ITEM: 1 Planning Board - October 1, 2015 - 9 - 2 ITEM: 1 Planning Board - October 1, 2015 - 9 - 3 ITEM: 1 Planning Board - October 1, 2015 - 9 - 4 ITEM: 1 Planning Board - October 1, 2015 - 9 - 5 ITEM: 1 Planning Board - October 1, 2015 - 9 - 6 ITEM: 1 Planning Board - October 1, 2015 - 9 - 7 ITEM: 1 Planning Board - October 1, 2015 - 9 - 8 ITEM: 1 Planning Board - October 1, 2015 - 9 - 9 ITEM: 1 Planning Board - October 1, 2015 - 9 - 10 ITEM: 1 Planning Board - October 1, 2015 - 9 - 11 ITEM: 1 Planning Board - October 1, 2015 - 9 - 12 ITEM: 1 Planning Board - October 1, 2015 - 9 - 13 ITEM: 1 Planning Board - October 1, 2015 - 9 - 14ITEM: 1 Planning Board - October 1, 2015 - 9 - 15ITEM: 1 Planning Board - October 1, 2015 - 9 - 16ITEM: 1 Planning Board - October 1, 2015 - 9 - 17ITEM: 1 Planning Board - October 1, 2015 - 9 - 18ITEM: 1 Planning Board - October 1, 2015 - 9 - 19 ITEM: 1 Planning Board - October 1, 2015 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2015 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Inspections DIrector SUBJECT: Public Hearing Rezoning Application (Z-946, 10/15) – Request by Cindee Wolf of Design Solutions on behalf of the property owner, Trask Farms of New Hanover, LLC, to rezone 23.74 acres located at the 2400 block of N Kerr Ave from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District, to develop a veterinary use. The property is classified as Transition according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: This conditional zoning application proposes to rezone 23.74 acres located at the 2400 block of N. Kerr Avenue from R-15, Residential District to (CZD) I-1, Conditional Light Industrial District, to develop a veterinary use consisting of stables and a dwelling unit on the second story of the office building. As this is a conditional zoning application, a conceptual site plan is included, and conditions above and beyond the requirements of the zoning ordinance may added to the district with the applicant's approval. The 23.74 acre parcel was zoned R-15 when zoning was initially applied to this area in 1972. Currently the area consists of a mixture of zoning districts including R-15, A-I, AR, and a Planned Development. Surrounding land uses include mostly undeveloped lands used for agricultural purposes. The site and surrounding area are classified as Transition according to the 2006 CAMA Plan. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. 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: ITEM: 2 Planning Board - October 1, 2015 Motion to recommend approval, as the Planning Board finds that this request for a zoning map amendment of 23.74 acres from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan as the “Transition” land use classification allows for future intensive urban development, and because the property is not located near any environmentally sensitive areas or areas designated as Resource Protection and Conservation, in compliance with the Plan’s implementation strategies. 2. Reasonable and in the public interest because the property is located in rural area of the county which consists of agricultural, industrial, and low density residential uses, and therefore the proposed veterinarian use should not generate undue impacts on the surrounding area. ATTACHMENTS: Z-946 Script for PB Z-946 Petition Summary Z-946 Staff Summary Z-946 Neighbor Properties Map Z=946 Zoning-Aerial Map Z-946 CAMA Map Z-946 Water-Sewer Map Applicant Materials Cover Z-946 Application Proposed Site Plan Cover Z-946 Proposed Site Plan ITEM: 2 Planning Board - October 1, 2015 SCRIPT FOR Conditional Zoning District Application (Z-946, 10/15) Request by Cindee Wolf of Design Solutions on behalf of the property owner, Trask Farms of New Hanover, LLC, to rezone 23.74 acres located at the 2400 block of N Kerr Ave from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District, to develop a veterinary use. The property is classified as Transition according to the 2006 CAMA Land Use Plan. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Planning Board discussion 5. At this time, the Board shall consider the proposed conditional zoning district application and make a recommendation to the County Commissioners. A recommendation for approval is automatically forwarded to the County Commissioners. A recommendation for denial ends consideration of the application unless the recommendation is appealed. Appeals must be submitted no later than 10 days following the decision. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 6. Vote on the conditional zoning district application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this request for a zoning map amendment of 23.74 acres from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan as the “Transition” land use classification allows for future intensive urban development, and because the property is not located near any environmentally sensitive areas or areas designated as Resource Protection and Conservation, in compliance with the Plan’s implementation strategies. 2. Reasonable and in the public interest because the property is located in rural area of the county which consists of agricultural, industrial, and low density residential uses, and therefore the proposed veterinarian use should not generate undue impacts on the surrounding area. - 1 - 1ITEM: 2 Planning Board - October 1, 2015 Z-946, 10/15 Page 1 of 1 Case Z-946, (10/15) Rezone from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District Petition Summary Data Parcel Location & Acreage: 2400 Block of N Kerr Ave, 23.74 acres Petitioner/Owner: Cindee Wolf on behalf of Trask Farms of New Hanover, LLC Existing Land Use: Undeveloped Zoning History: July 7, 1972 - Initially zoned R-15 via Area 8B Land Classification: Transition Water Type: Private Well Sewer Type: Priveate Septic Recreation Area: Optimist Park Access: The site has frontage on N Kerr Ave Fire District: New Hanover County North Watershed & Water Quality Classification: Smith Creek (C;Sw) Conservation/Historic/ Archaeological Resources: None Soils and Septic Suitability: Murville fins sand (Mu) - Class III: Severe Limitation Pantego loam (Pn) - Class III: Severe Limitation Lynchburg fine sand (Ls) – Class II: Moderate Limitation Schools: Castle Hayne Elementary, Trask Middle, Laney High - 2 - 1ITEM: 2 Planning Board - October 1, 2015 Z-946, (10/15) Page 1 of 5 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z-946, 10/15 PETITIONER: Cindee Wolf on behalf of Trask Farms of New Hanover, LLC, property owner REQUEST: Rezone from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District ACREAGE: 23.74 acres LOCATION: 2400 Block of N. Kerr Avenue PID: R03400-001-110-000 LAND CLASS: Transition EXISTING CONDITIONS: Existing Zoning and Land Uses The 23.74 acre parcel was zoned R-15 when zoning was initially applied to this area in 1972. Currently the area consists of a mixture of zoning districts including R-15, A-I, AR, and a Planned Development. Surrounding land uses include mostly undeveloped lands used for agricultural purposes. Existing Site Conditions The property proposed to be rezoned is undeveloped and is currently being used for agricultural purposes. Community Services Water and Sewer: The property is within the Urban Services boundary and is within the CFPUA service area. There is no water or sewer infrastructure installed along the portion of N. Kerr Avenue fronting the subject property. Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County North Fire District. - 3 - 1ITEM: 2 Planning Board - October 1, 2015 Z-946, (10/15) Page 2 of 5 Schools: The property is located within the school districts for Castle Hayne Elementary, Trask Middle, and Laney High schools; however this use will not impact the school system. Conservation, Historic, and Archaeological Resources There are no historical or archaeological resources known to exist on the property. PETITIONER’S REQUEST: The petitioner is seeking to rezone the 23.74 acres of the property currently zoned R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District with the accompanying conceptual site plan for the development of a veterinary use consisting of stables and a dwelling unit on the second story of the proposed office building. STAFF POSITION: Zoning Ordinance Considerations The Zoning Ordinance states that the purpose of the I-1 Light Industrial district is to preserve land within the County for light industrial uses and associated operations, including assembly, fabrication, packaging and transport, where operation are conducted primarily indoors and where suitable sites served by rail, waterway, highway transportation systems as well as readily available utilities. Veterinaries, stables, and accessory dwelling units are permitted by right or with a Special Use Permit within the I-1 zoning district. The only other zoning district that allows for a combination of those three uses is the B-2, Highway Business District. A conceptual site plan is included as part of the application and has had a preliminary zoning review. A more detailed site plan must go through an official zoning review and obtain zoning approval prior to the commencement of any development activity. - 3 - 2ITEM: 2 Planning Board - October 1, 2015 Z-946, (10/15) Page 3 of 5 Traffic A traffic impact worksheet was provided as part of the application. The worksheet demonstrates that the use will not create peak hour trips in the amount necessary to require a Traffic Impact Analysis (TIA). Peak AM hour trips realized from the use will be 10 trips, and peak PM hours trips will be 11 trips. A recent TIA conducted for a proposed development within the North Kerr Industrial Park found that the intersection of N Kerr Ave and Hall Waters Drive, which is located approximately one half mile west of the subject property, operates at a LevelAofAServiceA(LOS)AofA“B”AorAbetterAduringAtheAweekdayA MAandAPMA peak hours. Environmental The area proposed to be rezoned is not within a Special Flood Hazard Area and contains Class II and Class III soils. Class II soils have moderate limitations for septic suitability and may require moderate modification and maintenance to accommodate septic systems. Class III soils have severe limitations for septic suitability and may require extensive modification and intensive maintenance. Landscaping and Buffering Landscaping and buffering must be installed in accordance with the Zoning Ordinance regulations. It will include streetscaping along N. Kerr Avenue, and a 20’AwideAbuffer along the rear and east side property line, which adjoins residentially zoned land. The buffer must be fully opaque and may consists of vegetation, fencing, berms, or a combination thereof. Land Use Plan Considerations The site and surrounding area are classified as Transition according to the 2006 CAMA Plan. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. 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 August 24, 2015 in accordance with the requirements for such an - 3 - 3ITEM: 2 Planning Board - October 1, 2015 Z-946, (10/15) Page 4 of 5 application. Two members of the public attended the meeting. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends the approval of the application as requested. Staff concludes that the application is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington-New Hanover County CAMA Land Use Plan. Specifically, the property is not located near any environmentally sensitive areas or areas designated as Resource Protection and Conservation, and is located in a rural area of the county consisting of agricultural, industrial, and low density residential uses. Thus, the application generally supports Policy 4.2 and Implementation Strategy 4.2.2 of the CAMA Land Use Plan: Policy 4.2: Delineate areas for industrial use which will maximize the efficient use of infrastructure while protecting the fragile ecosystem from harm and protecting residents from undue impacts. Implementation Strategy 4.2.2: Locate industrial uses outside of environmentally sensitive areas and areas designated Resource Protection and Conservation on the land classification map. 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 Example Motion for Approval: Motion to recommend approval, as the Planning Board finds that this request for a zoning map amendment of 23.74 acres from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistent]. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. Example Motion for Denial: Motion to recommend denial, as the Planning Board finds that this request for a zoning map amendment of 23.74 acres from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District as described is: 1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is not consistent]. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments.]. - 3 - 4ITEM: 2 Planning Board - October 1, 2015 Z-946, (10/15) Page 5 of 5 Staff Suggested Motion: Motion to recommend approval, as the Planning Board finds that this request for a zoning map amendment of 23.74 acres from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan as the “Transition”Aland use classification allows for future intensive urban development, and because the property is not located near any environmentally sensitive areas or areas designated as Resource Protection and Conservation, in compliance withAtheAPlan’sAimplementationAstrategies. 2. Reasonable and in the public interest because the property is located in rural area of the county which consists of agricultural, industrial, and low density residential uses, and therefore the proposed veterinarian use should not generate undue impacts on the surrounding area. - 3 - 5ITEM: 2 Planning Board - October 1, 2015 0 11 9 3 10 7 4 25 86 1 7 KERR AVE N PRIVATE FARLEY DR C O L L E G E R D N CAPITAL DR TRUESDALE RD BAVARIAN LN HALL WATTERS DR ACORN BRANCH RD O W L S L N KITTY HAWK RD R E D H A W K R D ORVILLE WRIGHT WAY M A I D S T O N E D R BUSINESS DR PR IVATE P R I V A T E P R I V A T E PRIVATE PRIVATE P R I V A T E 1,000Feet Parcels within 500 Feet of Case Site PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC Z-946 Neighboring Parcels ! ! ! !!!!!!!!!!! ! ! ! !!!!!!!!!!! Case Site PD R-15 A-I AR AR Z-946Zoning IDAddress1 2354 TRUESDALE DR 22525 KERR AVE N3 3013 ACORN BRANCH RD 42501 KERR AVE N5 2521 KERR AVE N6 2517 KERR AVE N7 2350 TRUESDALE DR 82509 KERR AVE N9 1322 KERR AVE N10 2700 KERR AVE N11 3650 BLUE CLAY RD 0No Address Assigned 10/1/2015 Applicant:Case:Review Board:Planning BoardCZDRequest:Notes:Z-946 I-1 (CZD)/ Veterinary Date: Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406 Proposed Zoning/Use: Site Address:2400 BlockN Kerr Ave - 4 - 1 ITEM: 2 Planning Board - October 1, 2015 R-15 PD A-I AR I-2 AR A-I I-1 CD PD B-2 CD B-2 B-2 B-1 CD O&I B-2 CD R-10 KERR AVE N PRIVATE FARLEY DR C O L L E G E R D N CAPITAL DR TRUESDALE RD BAVARIAN LN HALL WATTERS DR ACORN BRANCH RD O W L S L N KITTY HAWK RD R E D H A W K R D ORVILLE WRIGHT WAY HARGATE CT PR IVATE P R I V A T E PRIVATE PRIVATE P R I V A T E 1,000Feet ®HNC Z-946 A-I A-I CD AR B-1 B-1 CD B-2 B-2 CD EDZD I-1 I-1 CD I-2 O&I O&I CD PD R-10 R-10 CD R-15 R-15 CD R-20 R-20 CD R-20S R-7 CD RA RFMU SC Zoning Districts Incorporated Areas See Section 59.4 of the Zoning OrdinanceCOD SHOD 10/1/2015 Applicant:Case:Review Board:Planning BoardCZDRequest:Notes:Z-946 I-1 (CZD)/ Veterinary Date: Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406 Proposed Zoning/Use: Site Address:2400 BlockN Kerr Ave - 5 - 1 ITEM: 2 Planning Board - October 1, 2015 Transition Conservation Area Urban KERR AVE N PRIVATE FARLEY DR C O L L E G E R D N CAPITAL DR TRUESDALE RD BAVARIAN LN HALL WATTERS DR ACORN BRANCH RD O W L S L N KITTY HAWK RD R E D H A W K R D ORVILLE WRIGHT WAY M A I D S T O N E D R BUSINESS DR PR IVATE P R I V A T E P R I V A T E PRIVATE PRIVATE P R I V A T E 1,000Feet 10/1/2015 Applicant:Case:Review Board:Planning BoardCZDRequest:Notes:Z-946 I-1 (CZD)/ Veterinary Date: Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406 Proposed Zoning/Use: ®HNC Site Address: Z-946 CAMA Classifications Conservation Area Natual Heritage Resource Protection Area Aquifer Resource Protection Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural Not in Planning Area 2400 BlockN Kerr Ave - 6 - 1 ITEM: 2 Planning Board - October 1, 2015 KERR AVE N PRIVATE FARLEY DR C O L L E G E R D N CAPITAL DR TRUESDALE RD BAVARIAN LN HALL WATTERS DR ACORN BRANCH RD O W L S L N KITTY HAWK RD R E D H A W K R D ORVILLE WRIGHT WAY M A I D S T O N E D R BUSINESS DR PR IVATE P R I V A T E P R I V A T E PRIVATE PRIVATE P R I V A T E 1,000Feet PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information Z-946 Sewer Collector Water Distribution Main Urban Services Area MAR KET ST ^ I-140 I-140 I- 4 0 RIVER RD U S H W Y 421 C A R O L I N A B E A C H SI D BU R Y R D MARKET ST C A S T L E H A Y N E R D BLUE CLAY RD COLLE GE RD S H O LL Y S H E L T E R R D OLEANDER DR EASTWOOD RD SHIPYA RD BLV R I V E R R D DOW RD S WHITE RD BEACH RD S *Site In USB* Urban Services Area 10/1/2015 Applicant:Case:Review Board:Planning BoardCZDRequest:Notes:Z-946 I-1 (CZD)/ Veterinary Date: Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406 Proposed Zoning/Use: Site Address:2400 BlockN Kerr Ave - 7 - 1 ITEM: 2 Planning Board - October 1, 2015 APPLICANT MATERIALS - 8 - 1ITEM: 2 Planning Board - October 1, 2015 - 8 - 2ITEM: 2 Planning Board - October 1, 2015 - 9 - 1 ITEM: 2 Planning Board - October 1, 2015 - 9 - 2 ITEM: 2 Planning Board - October 1, 2015 - 9 - 3 ITEM: 2 Planning Board - October 1, 2015 - 9 - 4 ITEM: 2 Planning Board - October 1, 2015 - 9 - 5 ITEM: 2 Planning Board - October 1, 2015 - 9 - 6 ITEM: 2 Planning Board - October 1, 2015 - 9 - 7 ITEM: 2 Planning Board - October 1, 2015 - 9 - 8 ITEM: 2 Planning Board - October 1, 2015 - 9 - 9 ITEM: 2 Planning Board - October 1, 2015 - 9 - 10 ITEM: 2 Planning Board - October 1, 2015 - 9 - 11 ITEM: 2 Planning Board - October 1, 2015 - 9 - 12 ITEM: 2 Planning Board - October 1, 2015 - 9 - 13ITEM: 2 Planning Board - October 1, 2015 - 9 - 14 ITEM: 2 Planning Board - October 1, 2015 - 9 - 15 ITEM: 2 Planning Board - October 1, 2015 - 9 - 16 ITEM: 2 Planning Board - October 1, 2015 PROPOSED SITE PLAN - 10 - 1ITEM: 2 Planning Board - October 1, 2015 - 10 - 2ITEM: 2 Planning Board - October 1, 2015 - 11 - 1 ITEM: 2 Planning Board - October 1, 2015 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2015 REGULAR ITEM: DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Special Use Permit Application (S-628, 10/15) – Request by Cindee Wolf of Design Solutions on behalf of the property owner, Trask Farms of New Hanover, LLC, to establish a dwelling unit contained within a principle use in the I-1 zoning district located at the 2400 block of N Kerr Ave. The property is classified as Transition according to the 2006 CAMA Land Use Plan. BRIEF SUMMARY: The applicant is requesting a Special Use Permit to allow for a dwelling unit contained within a veterinary office. The property consists of 23.74 acres located at the 2400 Block of N Kerr Ave. A conditional rezoning application (Z-946) is being processed for the property concurrently with this Special Use Permit (SUP) application, which if approved would rezone the property from R-15, Residential District, to (CZD) I- 1, Conditional Light Industrial district. The 23.74 acre parcel was zoned R-15 when zoning was initially applied to this area in 1972. Currently the area consists of a mixture of zoning districts including R-15, A-I, AR, and a Planned Development. Surrounding land uses include mostly undeveloped lands used for agricultural purposes. 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: Staff recommends approval and suggest the following motion: Motion to recommend approval of the Special Use Permit application based on the preliminary Finding of Facts as detailed in the staff’s analysis. ITEM: 3 Planning Board - October 1, 2015 ATTACHMENTS: S-628 Script for PB S-628 Petition Summary S-628 Staff Summary S-628 Neighbor Properties Map S-628 Zoning-Aerial Map S-628 CAMA Map S-628 Water-Sewer Map Applicant Materials Cover S-628 Application Proposed Site Plan Cover S-628 Proposed Site Plan ITEM: 3 Planning Board - October 1, 2015 SCRIPT FOR Special Use Permit Application (S-628, 10/15) Request by Cindee Wolf of Design Solutions on behalf of the property owner, Trask Farms of New Hanover, LLC, to establish a dwelling unit contained within a principle use in the I-1 zoning district. The property is classified as Transition according to the 2006 CAMA Land Use Plan. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Planning Board discussion 5. Ask Applicant whether he/she agrees with staff findings and any proposed conditions. 6. Vote on the special use permit application. Motion to recommend approval of the application - All findings are positive. Motion to recommend approval of the application, subject to conditions specified below: (State Conditions) ____________________________________________________________________ ____________________________________________________________________ Motion to recommend denial of the application because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: _________________________________________________________________ _________________________________________________________________ b. That the use meets all required condition and specifications: _________________________________________________________________ _________________________________________________________________ c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: _________________________________________________________________ _________________________________________________________________ - 1 - 1ITEM: 3 Planning Board - October 1, 2015 d. That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Staff Suggested Motion: Motion to recommend approval of the Special Use Permit application based on the preliminary Finding of Facts as detailed in the staff’s analysis. - 1 - 2ITEM: 3 Planning Board - October 1, 2015 S-628, 10/15 Page 1 of 1 Case S-628, (10/15) Special Use Permit application for a dwelling unit contained within a principle use in an I-1 zoning district Petition Summary Data Parcel Location & Acreage: 2400 Block of N Kerr Ave, 23.74 acres Petitioner/Owner: Cindee Wolf on behalf of Trask Farms of New Hanover, LLC Existing Land Use: Undeveloped Zoning History: July 7, 1972 - Initially zoned R-15 via Area 8B Land Classification: Transition Water Type: Private Well Sewer Type: Priveate Septic Recreation Area: Optimist Park Access: The site has frontage on N Kerr Ave Fire District: New Hanover County North Watershed & Water Quality Classification: Smith Creek (C;Sw) Conservation/Historic/ Archaeological Resources: None Soils and Septic Suitability: Murville fins sand (Mu) - Class III: Severe Limitation Pantego loam (Pn) - Class III: Severe Limitation Lynchburg fine sand (Ls) – Class II: Moderate Limitation Schools: Castle Hayne Elementary, Trask Middle, Laney High - 2 - 1ITEM: 3 Planning Board - October 1, 2015 S-628 (10/15) Page 1 of 3 SPECIAL USE PERMIT APPLICATION S-626 (10/15): Request for a Special Use Permit to allow for a dwelling unit contained within a principle use Request By: Cindee Wolf on behalf of Trask Farms of New Hanover, LLC, property owner Location: 2400 Block of N Kerr Ave PID: R03400-001-110-000 Summary of Request The applicant is requesting a Special Use Permit to allow for a dwelling unit contained within a veterinary office. The property consists of 23.74 acres located at the 2400 Block of N Kerr Ave. A conditional rezoning application (Z-946) is being processed for the property concurrently with this Special Use Permit (SUP) application, which if approved would rezone the property from R-15, Residential District, to (CZD) I-1, Conditional Light Industrial district. The 23.74 acre parcel was zoned R-15 when zoning was initially applied to this area in 1972. Currently the area consists of a mixture of zoning districts including R-15, A-I, AR, and a Planned Development. Surrounding land uses include mostly undeveloped lands used for agricultural purposes. The dwelling unit will be located within the same building as the veterinary office. It will consists of 1,200 square feet and be located above the 2,400 square foot veterinary office. The resident of the dwelling unit will be an employee of the veterinary establishment. In addition to obtaining the SUP, the dwelling unit must comply with all of the standards of the Zoning Ordinance, including specific use requirements listed in Section 72-29. The specific use requirements futher regulate the size and location of the proposed dwelling unit. *Property is proposed to be rezoned to (CZD) I-1 district (Z-946). - 3 - 1ITEM: 3 Planning Board - October 1, 2015 S-628 (10/15) Page 2 of 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. The subject property is located in the New Hanover County North Fire Service District. B. The subject site does not host any known cultural or archaeological resources. C. The use will access N. Kerr Avenue, a minor arterial street. D. Water and wastewater services (public water & septic) for the proposed use must comply with the standards of the CFPUA and the Health Department. E. The proposed use must comply with the standards of the State Building and Fire Codes. 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 contained within a principle use are allowed by Special Use Permit in the I-1 zoning district. B. In accordance with Section 72-29 (2), the dwelling unit will be occupied by the person engaged in the principle use, a full time employee, or their family members residing with them. C. In accordance with Section 72-29 (3), the building meets the minimum side and rear yard requirements of the R-15 zoning district, and the front yard meets the minimum requirements of the I-1 zoning district. D. In accordance with Section 72-29 (4), the site provides an area of open space, unobstructed by any buildings, parking or structures, equal to the total floor space of the dwelling unit. E. In accordance with Section 72-29 (5), the amount of floor area for the dwelling unit is not more than fifty percent (50%) of the total floor area of the principle use. F. In accordance with Section 72-29 (6), the dwelling unit is located totally above the ground floor of the principle use so as not to interrupt the commercial frontage. G. In accordance with Section 72-29 (7), two off-street parking spaces will be provided for dwelling unit in addition to the required parking for the principle use. 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 location of the proposed dwelling unit contained within a principle use is within an area consisting of agricultural, industrial, and low density residential uses. 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. - 3 - 2ITEM: 3 Planning Board - October 1, 2015 S-628 (10/15) Page 3 of 3 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 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the property as Transition, and the proposal is not in conflict with the intent of the Transition land use classification, and additionally, not in conflict with any other policy of the 2006 CAMA Land Use Plan. 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 complies with the findings of fact specified in Section 71 of the Ordinance. Staff also concludes that, with the information submitted, the applicant has demonstrated that the proposal is not in conflict with the management strategy for the Transition land use classification, and not in conflict with any other policies of the CAMA Land Use Plan. 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 application based on the preliminary Finding of Facts as detailed in the staff’s analysis. - 3 - 3ITEM: 3 Planning Board - October 1, 2015 0 11 9 3 10 7 4 25 86 1 7 KERR AVE N PRIVATE FARLEY DR C O L L E G E R D N CAPITAL DR TRUESDALE RD BAVARIAN LN HALL WATTERS DR ACORN BRANCH RD O W L S L N KITTY HAWK RD R E D H A W K R D ORVILLE WRIGHT WAY M A I D S T O N E D R BUSINESS DR PR IVATE P R I V A T E P R I V A T E PRIVATE PRIVATE P R I V A T E 1,000Feet Parcels within 500 Feet of Case Site PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC Z-946 Neighboring Parcels ! ! ! !!!!!!!!!!! ! ! ! !!!!!!!!!!! Case Site PD R-15 A-I AR AR Z-946Zoning IDAddress1 2354 TRUESDALE DR 22525 KERR AVE N3 3013 ACORN BRANCH RD 42501 KERR AVE N5 2521 KERR AVE N6 2517 KERR AVE N7 2350 TRUESDALE DR 82509 KERR AVE N9 1322 KERR AVE N10 2700 KERR AVE N11 3650 BLUE CLAY RD 0No Address Assigned 10/1/2015 Applicant:Case:Review Board:Planning BoardSpecial UsePermit Request:Notes:S-628 Dwelling unit containedwithin principal use Date: Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406 Proposed Use: Site Address:2400 BlockN Kerr Ave *Property also proposed to be rezoned to CZD I-1 (Z-946) - 4 - 1 ITEM: 3 Planning Board - October 1, 2015 R-15 PD A-I AR I-2 AR A-I I-1 CD PD B-2 CD B-2 B-2 B-1 CD O&I B-2 CD R-10 KERR AVE N PRIVATE FARLEY DR C O L L E G E R D N CAPITAL DR TRUESDALE RD BAVARIAN LN HALL WATTERS DR ACORN BRANCH RD O W L S L N KITTY HAWK RD R E D H A W K R D ORVILLE WRIGHT WAY HARGATE CT PR IVATE P R I V A T E PRIVATE PRIVATE P R I V A T E 1,000Feet PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC S-628 A-I A-I CD AR B-1 B-1 CD B-2 B-2 CD EDZD I-1 I-1 CD I-2 O&I O&I CD PD R-10 R-10 CD R-15 R-15 CD R-20 R-20 CD R-20S R-7 CD RA RFMU SC Zoning Districts Incorporated Areas See Section 59.4 of the Zoning OrdinanceCOD SHOD 10/1/2015 Applicant:Case:Review Board:Planning BoardSpecial UsePermit Request:Notes:S-628 Dwelling unit containedwithin principal use Date: Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406 Proposed Use: Site Address:2400 BlockN Kerr Ave *Property also proposed to be rezoned to CZD I-1 (Z-946) - 5 - 1 ITEM: 3 Planning Board - October 1, 2015 Transition Conservation Area Urban KERR AVE N PRIVATE FARLEY DR C O L L E G E R D N CAPITAL DR TRUESDALE RD BAVARIAN LN HALL WATTERS DR ACORN BRANCH RD O W L S L N KITTY HAWK RD R E D H A W K R D ORVILLE WRIGHT WAY M A I D S T O N E D R BUSINESS DR PR IVATE P R I V A T E P R I V A T E PRIVATE PRIVATE P R I V A T E 1,000Feet 10/1/2015 Applicant:Case:Review Board:Planning BoardSpecial UsePermit Request:Notes:S-628 Dwelling unit containedwithin principal use Date: Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406 Proposed Use: PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC Site Address: S-628 CAMA Classifications Conservation Area Natual Heritage Resource Protection Area Aquifer Resource Protection Area Watershed Resource Protection Wetland Resource Protection Area Urban Transition Community Rural Not in Planning Area 2400 BlockN Kerr Ave *Property also proposed to be rezoned to CZD I-1 (Z-946) - 6 - 1 ITEM: 3 Planning Board - October 1, 2015 KERR AVE N PRIVATE FARLEY DR C O L L E G E R D N CAPITAL DR TRUESDALE RD BAVARIAN LN HALL WATTERS DR ACORN BRANCH RD O W L S L N KITTY HAWK RD R E D H A W K R D ORVILLE WRIGHT WAY M A I D S T O N E D R BUSINESS DR PR IVATE P R I V A T E P R I V A T E PRIVATE PRIVATE P R I V A T E 1,000Feet PLANNING & INSPECTIONSDirector: Chris O'Keefe®HNC Notice:Utility lines are generalized and are only to show the relationship to the subject property and should not be relied on for other purposes. New Hanover County and the Cape Fear Public Utility Authorityare not responsible for the accuracy of this information S-628 Sewer Collector Water Distribution Main Urban Services Area MAR KET ST ^I-140 I-140 I- 4 0 RIVER RD U S H W Y 421 C A R O L I N A B E A C H SI D BU R Y R D MARKET ST C A S T L E H A Y N E R D BLUE CLAY RD COLLE GE RD S H O LL Y S H E L T E R R D OLEANDER DR EASTWOOD RD SHIPYA RD BLV R I V E R R D DOW RD S WHITE RD BEACH RD S *Site In USB* Urban Services Area 10/1/2015 Applicant:Case:Review Board:Planning BoardSpecial UsePermit Request:Notes:S-628 Dwelling unit containedwithin principal use Date: Existing Zoning/Use: R-15/ UndevelopedCindee WolfDesign SolutionsP.O. Box 7221Wilmington NC, 28406 Proposed Use: Site Address:2400 BlockN Kerr Ave *Property also proposed to be rezoned to CZD I-1 (Z-946) - 7 - 1 ITEM: 3 Planning Board - October 1, 2015 APPLICANT MATERIALS - 8 - 1ITEM: 3 Planning Board - October 1, 2015 - 8 - 2ITEM: 3 Planning Board - October 1, 2015 - 9 - 1 ITEM: 3 Planning Board - October 1, 2015 - 9 - 2 ITEM: 3 Planning Board - October 1, 2015 - 9 - 3 ITEM: 3 Planning Board - October 1, 2015 - 9 - 4 ITEM: 3 Planning Board - October 1, 2015 - 9 - 5 ITEM: 3 Planning Board - October 1, 2015 - 9 - 6 ITEM: 3 Planning Board - October 1, 2015 - 9 - 7 ITEM: 3 Planning Board - October 1, 2015 - 9 - 8 ITEM: 3 Planning Board - October 1, 2015 - 9 - 9 ITEM: 3 Planning Board - October 1, 2015 - 9 - 10 ITEM: 3 Planning Board - October 1, 2015 PROPOSED SITE PLAN - 10 - 1ITEM: 3 Planning Board - October 1, 2015 - 11 - 1 ITEM: 3 Planning Board - October 1, 2015 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: October 1, 2015 TECHNICAL REVIEW COMMITTEE REPORT ITEM: DEPARTMENT: PRESENTER(S): Sam Burgess, Senior Planner CONTACT(S): Sam Burgess; Ben Andrea, Current Planning/Zoning Supervisor SUBJECT: Technical Review Committee Report For September 2015 BRIEF SUMMARY: The New Hanover County Technical Review Committee (TRC) met once during the month of September and reviewed 3 preliminary site plans and considered one request to install gates and one request to re-designate a road network in an approved subdivision. The report and accompanying plans are attached. 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: Hear report. No action required. ATTACHMENTS: September 2015 TRC Report ITEM: 4 Planning Board - October 1, 2015 SEPTEMBER 2015 TRC REPORT Page 1 TECHNICAL REVIEW COMMITTEE REPORT SEPTEMBER, 2015 The County’s Technical Review Committee (TRC) met once during the month of September and reviewed three (3) preliminary site plans and considered one request to install gates and one request to re-designate a road network in an approved subdivision. Cameron Trace (Performance Plan) Cameron Trace is located in the north central portion of our jurisdiction (near eastern end MurrayvilleARoad)AandAisAclassifiedAasAWetlandAResourceAProtectionAonAtheACounty’sAadoptedA 2006 Land Use Plan. The 121 residential lot subdivision will have one primary entrance from an existing subdivision with private roads. Site Plan Data  Zoning: R-15 Residential (limited 2.5 units per acre)  Water: Public (CFPUA)  Sewer: Public (CFPUA)  Road Network: Private  Lots: 121  Acreage: 48.5 (net acres to determine density)  Conservation Resources: None  Primary Access: Flushing Drive  Schools: Murrayville & Eaton Elementary (over-capacity) Trask Middle (over-capacity) Laney High (over-capacity) In a vote of 5-0, the TRC preliminarily approved Cameron Trace for a total of 121 lots for a period of two years with the following conditions: 1) Documentation from the Corps of Engineers verifying the location of the wetlands. The documentation will be illustrated on the final plat. 2) A tree inventory survey be provided to staff confirming that no significant trees will be removed within the development. 3) A road maintenance agreement be provided from the Quail Woods development regardingAaccessAtoAFlushingADrive:AFlushingADriveAhasAbeenAdesignatedAasAaA“public”A street but has not been accepted by NCDOT for maintenance. 4) A TIA must be completed and approved by NCDOT, WMPO, and County. Any off-site or on-site road improvements must be installed or bonded in accordance with the County’sASubdivisionAregulations: 5) All other applicable local, state, and federal permits as required. - 1 - 1ITEM: 4 Planning Board - October 1, 2015 SEPTEMBER 2015 TRC REPORT Page 2 Saddlebred Acres (Conventional Plan) Saddlebred Acres is located in the northern portion of our jurisdiction (3600 block Prince GeorgeA venue)AandAisAclassifiesAasACommunityAonAtheACounty’sAadoptedA2006ALandAUseAPlan:A The eight (8) lot subdivision will have one primary entrance off Prince George Avenue. Site Plan Data  Zoning: RA-30 (Rural Agriculture)  Water: Individual Well  Septic: Individual Septic  Road Network: Public  Lots: 8  Acreage: 7.83  Conservation Resources: None  TIA: Not Required  Schools: Eaton & Castle Hayne Elementary (over-capacity) Holly Shelter Middle Laney High (over-capacity) In a vote of 5-0, the TRC preliminarily approved Saddlebred for a total of eight (8) lots for a period of two years with the following conditions: 1) DocumentationAfromAtheACounty’sAEnvironmentalAHealthADepartment that each of the proposed lots can accommodate a well and septic unit. Documentation will be needed prior to final plat approval. 2) All other local, state, and federal requirements as applicable. Beau Rivage (Gates Proposal) Beau Rivage is located in the south central portion of our jurisdiction (6200 block of Carolina Beach Road) and is classified as TransitionAandAConservationAonAtheACounty’sAadoptedA2006A Land Use Plan. The residential project was established in 1987 with development build-out almost complete. The attorney representing the Beau Rivage HOA and Board of Directors proposed to install four (4) gates within the development (two on Rivage Promenade and two at the golf course entrances) for the purpose of privacy within their community. The road network is private. In a vote of 4-1, the TRC approved the applicants’ request to install four (4) gates within Beau Rivage under the following conditions: 1) Maintenance of the gates will be the responsibility of the affected parties based on a recorded agreement already in place. 2) Written agreement from County Emergency Management, New Hanover Regional Hospital,AandAtheACountyASheriff’sADepartmentAallowingAemergencyAserviceAdeliveryA into the private development must be presented to County Fire Services prior to gate installation. - 1 - 2ITEM: 4 Planning Board - October 1, 2015 SEPTEMBER 2015 TRC REPORT Page 3 3) All four (4) gates will be installed with a Knox box and siren in accordance with County Fire Service code requirements. Gable Run (Road Re-Designation) Gable Run is located near the northeastern portion of our jurisdiction (near the 500 block of Jacqueline Drive – Greenview Ranches) and is classified as Wetland Resource Protection on the County’sAadoptedA2006AlandAUseAPlan:ATheAprimaryAentranceAtoAtheAprojectAisAthruAOldAOakA Road. The developer for the project requested TRC to re-designate the road network within the developmentAfromA“public”AtoA“private:”AATheAsiteAplanAwasApreliminarily approved by TRC in January, 2015 for 45 residential lots. Construction of the project has not started. According to theAdeveloper’sAengineer,AconstructionAplanAdrawingsAwereAsubmittedAtoANCDOTAforAapproval:A After construction site plan review, comments provided by NCDOT indicated a cost overrun of over $325,000.00 that was not anticipated. Some of the cost over-run involved off-site road improvements. In a vote of 5-0, the TRC approved the re-designation of the road network in Gable Run from “public”AtoA“private”AwithAtheAfollowingAconditions. 1) All terms and conditions will remain for the 45 lot residential project with the exception of condition # 3. 2) PrivateAroadAstandardsAinAaccordanceAwithAtheACounty’sASubdivisionAOrdinanceAwillAbeA applicable to the project. It is our understanding that the standards will not affect the original lay-out of the project. 3) All roads will be built to minimum NCDOT standards. Old Oak Road will be designated asA“public:” 4) HOA covenants during final play review will incorporate the maintenance of Old Oak Road. River Bluffs: Phase 3 (PD Plan) River Bluffs is located in the northern Portion of our jurisdiction (near the western end of Chair Road)AandAisAclassifiedAasAWetlandAResourceAProtectionAonAtheACounty’sAadoptedA2006 Land Use Plan. The primary entrance to the project is thru Chair Road with a secondary access from Rockhill Road. Site Plan Data  Zoning: PD (Planned Development)  Water: Public (CFPUA)  Sewer: Public (CFPUA)  Road Network: Private  Lots: 105  Acreage: 54.41 (includes 1.82 acres of commercial)  Conservation Resources: Wetland Resource Protection  TIA: Yes (approved)  Low Impact Development: Yes - 1 - 3ITEM: 4 Planning Board - October 1, 2015 SEPTEMBER 2015 TRC REPORT Page 4 In a vote of 5-0, the TRC approved the latest installment of River Oaks for a total of 105 lots with the following conditions: 1) No on-street parking or traffic calming devices. 2) Staff will review adjustments to the updated master plan and determine whether the updated plan can be administratively approved. 3) The HOA will be responsible for the removal of branches and limbs that over-hang the roads to mitigate emergency service delivery. 4) A field inspection pertaining to the tree survey for phase 3 will be conducted by staff prior to final plat approval. 5) Unduplicated road names will be needed for two streets in phase 3 prior to final plat approval. 6) Road construction to the southern property line connecting with Salvador Road in Sunset Reach will be required to promote alternative access. 7) Off-site road improvements based on the May, 2010 TIA will be completed after 200 homes are constructed and occupied. 8) All other local, State, and Federal mandates may be applicable to this phase. - 1 - 4ITEM: 4 Planning Board - October 1, 2015 - 1 - 5ITEM: 4 Planning Board - October 1, 2015 - 1 - 6ITEM: 4 Planning Board - October 1, 2015 - 1 - 7ITEM: 4 Planning Board - October 1, 2015 - 1 - 8 ITEM: 4 Planning Board - October 1, 2015 - 1 - 9 ITEM: 4 Planning Board - October 1, 2015 - 1 - 10 ITEM: 4 Planning Board - October 1, 2015 - 1 - 11 ITEM: 4 Planning Board - October 1, 2015