2016-12-01 December 1 2016 PB Agenda PackageAGENDA
NEW HANOVER COUNTY PLANNING BOARD
Assembly Room , New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
DONNA GIRARDOT, CHAIRMAN - ERNEST W. OLDS, VICE-CHAIRMAN
PAUL D. BONEY, BOARD MEMBER - H. ALLEN POPE, BOARD MEMBER
THOMAS "JORDY" RAWL, BOARD MEMBER - EDWARD T. (TED) SHIPLEY, III, BOARD MEMBER
DAVID WEAVER, BOARD MEMBER
CHRIS O'KEEFE, PLANNING DIRECTOR - KENNETH VAFIER, PLANNING MANAGER
DECEMBER 1, 2016 6:00 PM
MEETING CALLED TO ORDER (Chairman Donna Girardot)
PLEDGE OF ALLEGIANCE (Chris O'Keefe)
APPROVAL OF NOVEMBER 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 Request (Z-959M, 12/16) – Request by H+W Design on behalf of the
property owner, Raleigh Wilmington Investors, LLC, to rezone 20.7 acres located at
the 2300 & 2400 block of Middle Sound Loop Road from (CZD) R-20, Conditional
Residential District, and R-20S, Residential District, to (CZD) R-20, Conditional
Residential District, in order to develop a performance residential development.
2Public Hearing
Special Use Permit Request (S-633, 12/16) – Request by New Hanover County Fire
Services on behalf of the property owner, Cape Fear Public Utility Authority, for a
special use permit for a temporary fire station located at the 7500 block of Old Oak
Road.
3Public Hearing
Rezoning Request (Z-965, 12/16) – Request by Design Solutions on behalf of the
property owner, Inlet Watch Development Partners, LLC, to rezone 7.03 acres
located at the 7200 block of Carolina Beach Road from B-1, Business District, to
(CZD) B-2, Conditional Highway Business District, in order to develop a mini-
warehouse use.
4Development Activity Page – Presentation by Planning Staff on the County’s new
Development Activity Page.
TECHNICAL REVIEW COMMITTEE REPORT
1TRC Report for November 2016
OTHER ITEMS
1
Planning Board - December 1, 2016
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: December 1, 2016
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner
CONTACT(S): Brad Schuler, Current Planner; Ben Andrea, Current Planning & Zoning Supervisor
SUBJECT:
Public Hearing
Rezoning Request (Z-959M, 12/16) – Request by H+W Design on behalf of the property owner,
Raleigh Wilmington Investors, LLC, to rezone 20.7 acres located at the 2300 & 2400 block of Middle
Sound Loop Road from (CZD) R-20, Conditional Residential District, and R-20S, Residential District,
to (CZD) R-20, Conditional Residential District, in order to develop a performance residential
development.
BRIEF SUMMARY:
The property proposed to be rezoned consists of five parcels of land totaling 20.7 acres. It is located at the
2300 & 2400 block of Middle Sound Loop Road and was zoned R-20 when zoning was initially applied to
this area in 1970.
The zoning and land uses in the area are entirely residential. The subject property is surrounded by R-20S
zoning. To the north, there is land zoned R-20 and R-15. Subdivisions in the area include Anchors Bend,
Stoney Brook, Ocean View, Glenarbor, and Middle Point.
In 1988, the property was included in a rezoning application (Z-335) which rezoned 850+ acres of land
located along the eastern portion of Middle Sound to R-20S. The 1988 application was initiated and
requested by a Middle Sound community group called “Middle Sound Lookout”, and was in response to the
adoption of a small area plan for the community, “Middle Sound/Ogden … Future Directions”, a year prior.
The basis for the rezoning application was one of four potential zoning options recommended by the small
area plan for the community.
On August 1, 2016 the Board of Commissioners approved a conditional rezoning application (Z-959) which
rezoned 17.42 acres of the subject property to a (CZD) R-20 district in order to allow for the development of
a 32 lot performance residential subdivision. Below is the conceptual site plan approved with the
application.
This application, if approved, will essentially expand the existing (CZD) R-20 district approved this last
August to allow for seven additional lots and a redesign of the road network. This proposed modification has
been determined to be a major change to the existing (CZD) R-20 district, and per the Zoning Ordinance,
must be submitted and reviewed as a new rezoning application.
The proposed development will generate 37 trips in the AM peak, and 46 trips in the PM peak. Because the
trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) was not required to be completed.
The 2016 Comprehensive Plan classifies the property as General Residential on the Future Land Use Map.
ITEM: 1
Planning Board - December 1, 2016
The General Residential Place Type provides opportunity for lower density housing and associated civic and
commercial services. The ideal density for single-family residential in this Place Type is 1-6 dwelling units
per acre. Overall the proposed rezoning is consistent with the Comprehensive Plan.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Implement plans for land use, economic development, infrastructure and environmental programs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval and suggests the following motion:
1.Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 20.7 acres from (CZD) R-20, Conditional Residential District, and R-20S, Residential
District, to (CZD) R-20, Conditional Residential District as described is: Consistent with the purposes
and intent of the 2016 Comprehensive Plan because the development will promote environmentally
responsible growth by incorporating Low Impact Development techniques designed at filtrating
stormwater runoff, and by preserving the existing wetlands located on the property within open space
areas.
2.Reasonable and in the public interest because the project’s reliance on performance residential
standards allows for the preservation of increased amounts of open space for the continuing
enjoyment of the residents, and for protection of the natural environment and wildlife habitats.
Conditions:
1.Duplex, multi-family, and mobile home housing shall be prohibited.
2.Impervious coverage shall not exceed 30% of the site.
3.In addition to meeting the county and state stormwater requirements, the development shall
incorporate Low Impact Development (LID) techniques as described in the City of Wilmington/New
Hanover County LID Guidance Manual, and qualify as a LID project as determined by the County’s
Technical Review Committee (TRC).
4.Existing vegetation located within the proposed open space areas shall be preserved to the maximum
extent practicable, and only be removed in order to install necessary infrastructure needed to comply
with applicable county and state regulations.
5.A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road for the
purpose of installing a future pedestrian facility.
ATTACHMENTS:
Z-959M Script for PB
Z-959M Petition Summary
Z-959M Staff Summary
Z-959M Neighbor Properties Map
Z-959M Zoning Map
Z-959M Water-Sewer Map
Z-959M Future Land Use Map
Applicant Materials Cover Page
Z-959M Application Package
Proposed Site Plan Cover
ITEM: 1
Planning Board - December 1, 2016
Z-959M Proposed Site Plan
ITEM: 1
Planning Board - December 1, 2016
SCRIPT FOR Conditional Zoning District Application (Z-959M, 12/16)
Request by H+W Design on behalf of the property owner, Raleigh Wilmington Investors, LLC,
to rezone 20.7 acres located at the 2300 & 2400 block of Middle Sound Loop Road from (CZD)
R-20, Conditional Residential District, and R-20S, Residential District, to (CZD) R-20,
Conditional Residential District, in order to develop a performance residential development.
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. Board discussion
5. 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 application for a zoning map
amendment of 20.7 acres from (CZD) R-20, Conditional Residential District, and R-20S, Residential
District, to (CZD) R-20, Conditional Residential District as described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the
development will promote environmentally responsible growth by incorporating Low Impact
Development techniques designed at filtrating stormwater runoff, and by preserving the existing
wetlands located on the property within open space areas.
2. Reasonable and in the public interest because the project’s reliance on performance residential
standards allows for the preservation of increased amounts of open space for the continuing
enjoyment of the residents, and for protection of the natural environment and wildlife habitats.
Conditions:
1. Duplex, multi-family, and mobile home housing shall be prohibited.
2. Impervious coverage shall not exceed 30% of the site.
- 1 - 1ITEM: 1
Planning Board - December 1, 2016
3. In addition to meeting the county and state stormwater requirements, the development shall
incorporate Low Impact Development (LID) techniques as described in the City of
Wilmington/New Hanover County LID Guidance Manual, and qualify as a LID project as
determined by the County’s Technical Review Committee (TRC).
4. Existing vegetation located within the proposed open space areas shall be preserved to the
maximum extent practicable, and only be removed in order to install necessary infrastructure
needed to comply with applicable county and state regulations.
5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road
for the purpose of installing a future pedestrian facility.
- 1 - 2ITEM: 1
Planning Board - December 1, 2016
Z-959M, 12/16 Page 1 of 1
Case Z-959M, (12/16)
Rezone from (CZD) R-20, Conditional Residential District, and R-20S, Rresidential District, to (CZD) R-20,
Conditional Residential District
Petition Summary Data
Parcel Location & Acreage: 2300 & 2400 block of Middle Sound Loop Road, 20.7 acres
Petitioner/Owner: Dan Weeks with H+W Design (Applicant)
Raliegh Wilmington Investors, LLC (Owner)
Existing Land Use: Single-Family Residential/Undeveloped
Zoning History: May 18, 1970 - Initially zoned R-20 via Area 3
January 5, 1988 – Rezoned to R-20S (Z-335). This application was the
result of the Middle Sound/Ogden Small Area Plan and rezoned 850+
acres around the eastern portion of Middle Sound to R-20S.
August 1, 2016 – 17.42 acres of the subject property were rezoned to
(CZD) R-20 in order to allow for the development of a performance
residential subdivision consisting of 32 single-family lots.
Land Classification: General Residential
Water Type: Public
Sewer Type: Public
Recreation Area: Ogden Park
Access: Middle Sound Loop Road
Fire District: New Hanover County North
Watershed & Water Quality
Classification: Howe Creek (SA;ORW) and Pages Creek (SA;HQW)
Conservation/Historic/
Archaeological Resources: No known historic or archaeological resources
Soils and Septic Suitability: Lakeland Sand (La) – Class I: Suitable/Slight Limitation
Wakulla Sand (Wa) – Class I: Suitable/Slight Limitation
Seagate Fine Sand (Se) – Class II: Moderate Limitation
Leon Soil (Le) – Class III: Severe Limitation
Murville Fine Sand (Mu) – Class III: Severe Limitation
Schools: Castle Hayne Elementary, Odgen Elmentary, Eaton Elementary, Noble
Middle, Laney High
- 2 - 1ITEM: 1
Planning Board - December 1, 2016
Z-959M, (12/16) Page 1 of 9
CONDITIONAL ZONING DISTRICT APPLICATION
CASE: Z-959M, 12/16
PETITIONER: Dan Weeks of H+W Design, applicant
Raleigh Wilmington Investors, LLC, property owner
REQUEST: Rezone from (CZD) R-20, Conditional Residential District, and R-20S, Residential District,
to (CZD) R-20, Conditional Residential District
ACREAGE: 20.7 acres
LOCATION: 2300 & 2400 block of Middle Sound Loop Road
PIDs: R05200-001-007-000
R05200-001-017-000
R05200-001-006-000
R05200-001-005-000
R05200-001-016-000
2016 COMP PLAN PLACE TYPE: General Residential
EXISTING CONDITIONS:
Existing Zoning and Land Uses
The property proposed to be rezoned consists of five parcels of land totaling 20.7 acres. It is located at
the 2300 & 2400 block of Middle Sound Loop Road and was zoned R-20 when zoning was initially applied
to this area in 1970.
In 1988, the property was included in a rezoning application (Z-335) which rezoned 850+ acres of land
located along the eastern portion of Middle Sound to R-20S. The 1988 application was initiated and
requested by a Middle Sound community group called “Middle Sound Lookout”, and was in response to
the adoption of a small area plan for the community, “Middle Sound/Ogden … Future Directions”, a year
prior. The basis for the rezoning application was one of four potential zoning options recommended by
the small area plan for the community.
The plan stated the main concerns of the community regarding residential development were density and
rate of development, loss of rural atmosphere, and too many mobile home/multi-family developments.
In addition, the community was concerned that increased development would lead to more congestion
on the roadway network, which at the time, included only one connection to Market Street.
The plan stated that the advantage of rezoning all undeveloped land in Middle Sound to R-20S is that it
would ensure that only single-family housing would be developed. However, it also stated that the R-20S
district would present many disadvantages to the area, including limiting variety and supply of affordable
housing, creating a checkerboard pattern of development, and negatively impacting the environment by
discouraging the preservation of open space and natural amenities.
It should also be noted that the conditions of the Middle Sound community have changed significantly
since the 1980s, including conversion of undeveloped lands to developed, transition from rural to
- 3 - 1ITEM: 1
Planning Board - December 1, 2016
Z-959M, (12/16) Page 2 of 9
suburban atmosphere, water/sewer availability and a significant increase in the road network and
interconnectivity supporting the community.
On August 1, 2016 the Board of Commissioners approved a conditional rezoning application (Z-959) which
rezoned 17.42 acres of the subject property to a (CZD) R-20 district in order to allow for the development
of a 32 lot performance residential subdivision. Below is the conceptual site plan approved with the
application.
Z-959 Approved Site Plan
In addition to the approved site plan, the following conditions were placed on the development:
1. Duplex, multi-family, and mobile home housing shall be prohibited.
2. Impervious coverage shall not exceed 30% of the site.
3. In addition to meeting the county and state stormwater requirements, the development shall
incorporate Low Impact Development (LID) techniques as described in the City of
Wilmington/New Hanover County LID Guidance Manual, and qualify as a LID project as
determined by the County’s Technical Review Committee (TRC).
4. Existing vegetation located within the proposed open space areas shall be preserved to the
maximum extent practicable, and only be removed in order to install necessary infrastructure
needed to comply with applicable county and state regulations.
5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road for
the purpose of installing a future pedestrian facility.
- 3 - 2ITEM: 1
Planning Board - December 1, 2016
Z-959M, (12/16) Page 3 of 9
The zoning and land uses in the area are entirely residential. The subject property is surrounded by R-20S
zoning. To the north, there is land zoned R-20 and R-15. Subdivisions in the area include Anchors Bend,
Stoney Brook, Ocean View, Glenarbor, and Middle Point.
Existing Site Conditions
The property proposed to be rezoned consists of five parcels of land totaling 20.7 acres. Currently two of
the five parcels contain single-family dwellings. The dwellings will be removed when the property is
developed for the proposed subdivision.
Community Services
Water and Sewer:
Public water and sewer services are located within the nearby vicinity. The development will connect to
CFPUA water and sewer service.
Fire Protection:
The property is served by New Hanover County Fire Services and located in the New Hanover County
North Fire District.
- 3 - 3ITEM: 1
Planning Board - December 1, 2016
Z-959M, (12/16) Page 4 of 9
Schools:
The property is located within the school districts for Castle Hayne Elementary, Ogden Elementary, Eaton
Elementary, Noble Middle, and Laney High schools. Currently, new students from the proposed
development would attend Castle Hayne Elementary.
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 20.7 acres currently zoned R-20S, Residential District, and (CZD) R-
20, Conditional Residential District, to (CZD) R-20, Conditional Residential District, in order to develop a
39 lot performance residential subdivision. The application, if approved, will essentially expand the
existing (CZD) R-20 district approved this last August to allow for seven additional lots and a redesign of
the road network. This proposed modification has been determined to be a major change to the existing
(CZD) R-20 district, and per the Zoning Ordinance, must be submitted and reviewed as a new rezoning
application.
STAFF POSITION:
Zoning and Subdivision Ordinance Considerations
The purpose of the R-20 district is to provide land for low density residential and recreational purposes.
The regulations of this district are intended to discourage any use which because of its character would
substantially interfere with the development of residences and which would be detrimental to the quiet
residential nature of the areas included within this district. Under the performance residential standards,
developments within the R-20 district are allowed up to 1.9 units per acre.
A conceptual site plan is included as part of the application and is shown below. If this application is
approved, the property must be developed in accordance with the site plan. The applicant is proposing
to develop the subdivision with the same conditions placed on the existing district approved last August:
1. Duplex, multi-family, and mobile home housing shall be prohibited.
2. Impervious coverage shall not exceed 30% of the site.
3. In addition to meeting the county and state stormwater requirements, the development shall
incorporate Low Impact Development (LID) techniques as described in the City of
Wilmington/New Hanover County LID Guidance Manual, and qualify as a LID project as
determined by the County’s Technical Review Committee (TRC).
4. Existing vegetation located within the proposed open space areas shall be preserved to the
maximum extent practicable, and only be removed in order to install necessary infrastructure
needed to comply with applicable county and state regulations.
5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road for
the purpose of installing a future pedestrian or bike facility.
Further, if this rezoning application is approved, the proposed development must then go through the
County’s subdivision review process. The process includes submittal of a Preliminary Plat application
which is reviewed by the Technical Review Committee (TRC) for compliance with applicable local and state
regulations.
- 3 - 4ITEM: 1
Planning Board - December 1, 2016
Z-959M, (12/16) Page 5 of 9
Modified Conceptual Site Plan
The modification to the proposed development includes the addition of a 3.28 acre parcel located directly
northeast of the existing district boundaries. This addition allows for the number of proposed lots to be
increased to 39 (from 32), and for the main street access to be relocated further north. By relocating the
street access, the applicant will not have to mitigate any wetlands located on the property, which instead
will be preserved in open space. In addition, the new location of the street access will provide for an
increased site distance for vehicles exiting the development.
Transportation
The proposed development will generate 37 trips in the AM peak, and 46 trips in the PM peak. Because
the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) was not required to be
completed.
The North Carolina Department of Transportation conducted traffic counts on Middle Sound Loop Road
in 2013. The counts were taken near the existing roundabout and they found an Annual Average Daily
Traffic (AADT) of 5,200-5,800 trips. Middle Sound Road has a capacity of 9,600 daily trips, which by using
the volume to capacity ratio, would equate to a “C” Level of Service (LOS). LOS ranging from A to D are
considered to be acceptable.
Currently, there are no NCDOT projects planned for Middle Sound Loop Road, however there are several
projects planned along the adjacent portion of Market Street:
- 3 - 5ITEM: 1
Planning Board - December 1, 2016
Z-959M, (12/16) Page 6 of 9
Project U-4902 will install access management improvements on Market Street from Lendire Road
to Marsh Oaks Drive. The improvements include the installation of a center median, sidewalk,
and multi-use path. Right-of-way acquisition for the project is expected to begin in 2018 with
construction schedule to occur in 2020-21.
Construction for the Military Cutoff extension project (U-4751) is expected to begin in 2018. This
project will extend Military Cutoff to I-140, allowing motorist to bypass traveling on Market Street
in the Porters Neck/Odgen area.
Improvements are planned for the Lendire Road/Market Street/Middle Sound Loop Road
intersection in conjunction with a grocery store development approved by the City of Wilmington
at the corner of Middle Sound Loop Road and Market Street. These improvements include the
realignment of Lendire Road (so that it intersect Market Street directly across from Middle Sound
Loop Road), and the addition of an eastbound right-only turn lane along Middle Sound Loop Road.
Further, the Traffic Impact Analysis completed for the grocery store development stated that the
intersection of Middle Sound Loop Road and Market Street will operate at a Level of Service (LOS) of D to
E when the development is expected to be completed. While this TIA did not specifically include the trips
that will be generated from the proposed subdivision, it did include a growth rate in the background traffic
of one percent.
The NHC/Wilmington Comprehensive Greenway Plan proposes that a greenway network be installed
along Middle Sound Loop Road. The applicant has agreed to a condition is being proposed to be placed
on the district that will require a 20 foot access easement be dedicated to the county for the purposes of
installing a future multi-use path. Below is the proposed greenway network as illustrated in the Greenway
Plan.
NHC/Wilmington Greenway Plan
Environmental
The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas.
Stormwater management will be reviewed by New Hanover County Engineering and by the NC
- 3 - 6ITEM: 1
Planning Board - December 1, 2016
Z-959M, (12/16) Page 7 of 9
Department of Environmental Quality. The applicant has examined the site and identified the location of
potentially regulated wetlands, which are illustrated on the plan. The wetlands will be placed within
dedicated open space. Additional verification of the regulated wetlands must be obtained from the Army
Corps of Engineers during the subdivision review process.
2016 Comprehensive Land Use Plan
The Comprehensive Plan classifies the property as General Residential on the Future Land Use Map. The
General Residential Place Type provides opportunity for lower density housing and associated civic and
commercial services. The ideal density for single-family residential in this Place Type is 1-6 dwelling units
per acre.
Relevant Goals, Strategies, and Guidelines of the Comprehensive Plan:
Goal IX: Promote environmentally responsible growth. (Desired Outcome: Development that
accommodates population growth while minimizing negative impacts on natural resources.)
Goal X: Conserve environmentally critical areas. (Desired Outcome: Utilize environmentally critical areas
for outdoor recreation, healthy watersheds, and maintenance of critical habitats.)
Goal XIII: Preserve and protect water quality and supply. (Desired Outcome: Accommodating anticipated
growth in a manner that is sustainable to New Hanover County’s water supply and water quality.)
Goal XVIII: Increase physical activity and promote healthy, active lifestyles. (Desired Outcome: A built
environment that encourages active life styles and increased health through walking and biking.)
Overall the proposed rezoning is consistent with the Comprehensive Plan. The proposed density of 1.9
dwelling units per acre is within the ideal density range of the General Residential Place Type of 1 -6
dwelling units per acre. Also, performance residential developments allow for more open space which
can be utilized for stormwater control, recreation, and preservation of areas of environmental concern
and wildlife habitat. Further, the applicant is proposing to develop the subdivision with Low Impact
Development (LID) techniques. Therefore, the development is consistent with the above mentioned goals,
strategies, and guidelines.
- 3 - 7ITEM: 1
Planning Board - December 1, 2016
Z-959M, (12/16) Page 8 of 9
REVIEW AND ACTION:
This request is being facilitated by Section 55.3 – Conditional Zoning District of the County’s Zoning
Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A
community meeting was held on Thursday, October 27, 2016 in accordance with the requirements for
such an application. The applicant has provided a summary of the meeting which includes the concerns
and comments brought up by the attendees.
Staff recommends approval of the application with conditions. Staff concludes that the application is
consistent with the requirements of the 2016 Comprehensive Plan. Specifically, the proposed
performance residential subdivision will promote environmentally responsible growth by allowing for
additional lands to be dedicated as open space and by preserving existing wetlands on the property.
The development is also consistent with the 1987 Middle Sound/Odgen Small Area Plan. While the plan
recommended an option of rezoning property in the Middle Sound area to R-20S in order to ensure that
only low-density single-family detached housing is developed in the area, it also stated that there are
many disadvantages to this approach, including discouraging the preservation of open space and natural
amenities. This application meets the intent of the R-20S district while eliminating the stated
disadvantage. By utilizing the performance residential standards, in place of conventional standards, the
development will preserve more open space (44% of the property) which includes most of the wetland
areas identified on the property.
Action Needed
Motion to recommend approval of the petitioner’s application [with or without agreed upon
conditions]
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 20.7 acres from (CZD) R-20, Conditional Residential District, and R-20S, Residential District,
to (CZD) R-20, Conditional Residential District as described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive 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.].
Conditions:
[List any agreed upon conditions]
- 3 - 8ITEM: 1
Planning Board - December 1, 2016
Z-959M, (12/16) Page 9 of 9
Example Motion for Denial:
Motion to recommend denial, as the Planning Board finds that this application for a zoning map
amendment of 20.7 acres from (CZD) R-20, Conditional Residential District, and R-20S, Residential District,
to (CZD) R-20, Conditional Residential District as described is:
1. Not Consistent with the purposes and intent of the 2016 Comprehensive 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.].
Staff Suggested Motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 20.7 acres from (CZD) R-20, Conditional Residential District, and R-20S, Residential District,
to (CZD) R-20, Conditional Residential District as described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the
development will promote environmentally responsible growth by incorporating Low Impact
Development techniques designed at filtrating stormwater runoff, and by preserving the existing
wetlands located on the property within open space areas.
2. Reasonable and in the public interest because the project’s reliance on performance residential
standards allows for the preservation of increased amounts of open space for the continuing
enjoyment of the residents, and for protection of the natural environment and wildlife habitats.
Conditions:
1. Duplex, multi-family, and mobile home housing shall be prohibited.
2. Impervious coverage shall not exceed 30% of the site.
3. In addition to meeting the county and state stormwater requirements, the development shall
incorporate Low Impact Development (LID) techniques as described in the City of
Wilmington/New Hanover County LID Guidance Manual, and qualify as a LID project as
determined by the County’s Technical Review Committee (TRC).
4. Existing vegetation located within the proposed open space areas shall be preserved to the
maximum extent practicable, and only be removed in order to install necessary infrastructure
needed to comply with applicable county and state regulations.
5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Road for
the purpose of installing a future pedestrian facility.
- 3 - 9ITEM: 1
Planning Board - December 1, 2016
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Pla cetypes
Com merce Zone
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General Residential
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APPLICANT
MATERIALS
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PROPOSED
SITE PLAN
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NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: December 1, 2016
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planning & Zoning
Supervisor
CONTACT(S):
SUBJECT:
Public Hearing
Special Use Permit Request (S-633, 12/16) – Request by New Hanover County Fire Services on behalf
of the property owner, Cape Fear Public Utility Authority, for a special use permit for a temporary
fire station located at the 7500 block of Old Oak Road.
BRIEF SUMMARY:
New Hanover County Fire Services is requesting a Special Use Permit for constructing and operating a
temporary fire station on the subject property. The fire station is expected to be on the subject site for 12
months while the current Ogden Fire Station located at 7375 Market Street is redeveloped. The site will
include an apparatus building to host a fire truck and a mobile home to be used for an office and sleeping
quarters for Fire Services staff.
The site is zoned R-15, Residential District; this zoning district is established as a district in which the
principal use of land is for residential purposes at low to moderate densities. Limited institutional uses, such
as schools and churches, are permitted by-right in the R-15 district. Additionally, limited commercial and
office uses are permitted by Special Use Permit in the zoning district, including government offices and
buildings, the classification under which fire stations are included.
Due to the very low trip generation that would be realized from the proposed use, a Traffic Impact Analysis
(TIA) was not required.
The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential. This place
type focuses on lower-density housing and associated civic and commercial services. Civic uses, such as the
proposed fire station, are encouraged within the General Residential place type. The proposed station is low
intensity and is set back from the street, and ensuring adequate response times to emergencies is a
recommended ongoing effort in the Plan NHC Action Plan. The proposed station will assist in protecting the
life and property of nearby residents while the permanent facility is designed and constructed.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
• Provide health and wellness education, programs, and services
ITEM: 2
Planning Board - December 1, 2016
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff has conducted an analysis of the proposed use and the information provided as part of the application
package, in addition to supplemental information provided by the applicant, and has created preliminary
findings of fact to support each of the conclusions required to be reached to approve the special use permit
request. These preliminary findings of fact and conclusions are based solely on the information provided to
date, prior to any information or testimony in support or opposition to the request that may be presented at
the upcoming public hearing at the December 1, 2016 Planning Board meeting. Staff concludes that based
on the information presented with the application and supplemental correspondence, the four required
conclusions could be met to approve the special use permit request.
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 listed in the
Staff Summary, 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.
ATTACHMENTS:
S-633 Script
S-633 Petition Summary
S-633 Staff Summary
S-633 Neighbor Properties Map
S-633 Zoning Map
S-633 Future Land Use Map
S-633 Water-Sewer Map
Applicant Materials Cover Page
S-633 Application Package
Proposed Site Plan Cover Page
S-633 Proposed Site Plan
ITEM: 2
Planning Board - December 1, 2016
SCRIPT FOR Special Use Permit Application (S-633, 12/16)
Request by New Hanover County Fire Services on behalf of the property owner, Cape Fear
Public Utility Authority, for a special use permit for a temporary fire station located at the 7500
block of Old Oak Road.
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. Board discussion
5. A Special Use Permit which is denied may only be resubmitted if there has been a substantial
change in the facts, evidence, or conditions of the application as determined by the Planning
Director. At this time, you may ask to either continue the application to a future meeting, or to
proceed with this Board deciding whether to grant or deny the application. What do you wish to
do?
6. Ask Applicant whether he/she agrees with staff findings and any proposed conditions.
7. 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: 2
Planning Board - December 1, 2016
_________________________________________________________________
_________________________________________________________________
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:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
- 1 - 2ITEM: 2
Planning Board - December 1, 2016
S-633, 12/16 Page 1 of 1
Case S-633, (12/16)
Special Use Permit to develop a temporary fire station
Petition Summary Data
Parcel Location & Acreage: 7500 block of Old Oak Road
Petitioner/Owner: New Hanover County Fire Services, on behalf of Cape Fear Public Utility
Authority, property owner
Existing Land Use: Subject area of site is undeveloped
Zoning History: December 6, 1971 - Initially zoned I-2 via Area 7
Land Classification: Natural Heritage Resource Protection
Water Type: Public (CFPUA)
Sewer Type: Public (CFPUA)
Recreation Area: Ogden Park
Access: Old Oak Road, Torchwood Boulevard
Fire District: New Hanover County North
Watershed & Water Quality
Classification: Smith Creek (C;Sw)
Conservation/Historic/
Archaeological Resources: None known
Soils and Septic Suitability: Murville Fine Sand (Mu); Severe – Wetness/Flooding
Schools: Blair Elementary, Eaton Elmentary, Holly Shelter Middle, Laney High
- 2 - 1ITEM: 2
Planning Board - December 1, 2016
S-633 (12/16) Page 1 of 7
SPECIAL USE PERMIT REQUEST
CASE: S-633
PETITIONER: New Hanover County Fire Services, on behalf of Cape Fear Public Utility
Authority, property owner
REQUEST: Special Use Permit to develop a temporary fire station located at the 7500 block
of Old Oak Road in an R-15 zoning district
ACREAGE: ~0.65 acres
LOCATION: 7500 block of Old Oak Road, near Groundwater Way
PID: R03600-003-187-000
2016 COMPREHENSIVE LAND USE PLAN PLACE TYPE: General Residential
SUMMARY OF REQUEST:
New Hanover County Fire Services is requesting a Special Use Permit for constructing and
operating a temporary fire station on the subject property. The fire station is expected to be on
the subject site for 12 months while the current Ogden Fire Station located at 7375 Market Street
is redeveloped. The site will include an apparatus building to host a fire truck and a mobile home
to be used for an office and sleeping quarters for Fire Services staff.
EXISTING CONDITIONS:
Existing Zoning and Land Uses
- 3 - 1ITEM: 2
Planning Board - December 1, 2016
S-633 (12/16) Page 2 of 7
The site and surrounding area is zoned R-15, Residential District. Zoning was originally applied to this area
of the county in 1972. The surrounding area consists predominately of single-family residential uses, with
non-residential uses concentrated primarily along the Market Street and Gordon Road corridors.
Dettached single family uses are adjacent to the south and east of the subject site.
Existing Site Conditions
The subject site occupies the southern corner of a 43-acre property owned by the Cape Fear Public Utility
Authority, which operates a nanofiltration water treatment facility that was developed in 2007 on the
remainder of the property. However, that development is concentrated to the north of the property, and
the subject portion of the site and land immediately to the northwest, north, and east are currently
undeveloped.
Conservation, Historic, and Archaeological Resources
The subject property does not host any known conservation, historic, or archaeological resources. The
site is not located in a Special Flood Hazard Area or CAMA Area of Environmental Concern.
STAFF POSITION:
Zoning Ordinance Considerations
The site is zoned R-15, Residential District; this zoning district is established as a district in which the
principal use of land is for residential purposes at low to moderate densities. Limited institutional uses,
such as schools and churches, are permitted by-right in the R-15 district. Additionally, limited commercial
and office uses are permitted by Special Use Permit in the zoning district, including government offices
and buildings, the classification under which fire stations are included.
A conceptual site plan is included as part of the application. If this application is approved, the property
must be developed in accordance with the site plan. Further, the proposed development must also go
through the County’s building permit/site plan review process. As currently shown, the site plan complies
with the standards of the Zoning Ordinance, including setbacks in the R-15 zoning district and landscape
and buffering requirements. The Zoning Ordinance does not include any supplemental regulations for fire
stations or other government buildings.
- 3 - 2ITEM: 2
Planning Board - December 1, 2016
S-633 (12/16) Page 3 of 7
Conceptual Site Plan
Traffic
Conventional vehicle traffic to and from the site will be minimal as there will be only up to 6 Fire Services
staff on site during a shift. Shifts run for 24 hours and the highest trip generation figures will occur during
the time of shift change, which typically occurs at 7:00 am. Visitor traffic to the site will be minimal.
Planning Staff consulted with the Wilmington Metropolitan Planning Organization to determine that the
trip generation should not exceed 15 trips per day. With the low trip generation figure, a transportation
Impact Analysis is not required to be conducted.
Fire Services vehicle traffic will be dependent on the number of calls that are received and reported.
Currently, the Ogden Fire Department averages 3 to 5 calls per day. The facility is only designed to host
one fire apparatus.
The site will have a driveway to Old Oak Road. The adjacent segment of Old Oak Road was recorded in
1963 with the recordation of Section 1 of Greenview Ranches. The segment of Old Oak Road leading from
the site to Torchwood Boulevard was recorded in 1997 as a public right-of-way with the recordation of
Orchard Park at West Bay Estates. However, Old Oak Road is not a state-maintained road and the
maintenance responsibility of the road lies with the adjacent property owners. Fire Services is consulting
with the New Hanover County Engineering Department to perform an assessment of the condition of Old
Oak Road, and a condition to the Special Use Permit is suggested to alleviate the neighboring property
owners’ responsibility for the repairs of any wear and tear to Old Oak Road that may be realized through
the use of the road from the fire apparatus. Torchwood Boulevard from Old Oak Road to Market Street
is maintained by NC DOT.
- 3 - 3ITEM: 2
Planning Board - December 1, 2016
S-633 (12/16) Page 4 of 7
Environmental
The site proposed for the fire station is not known to contain any environmental constraints such as flood
hazard areas or wetlands. The site is relatively flat and a drainage easement exists to the south of the
proposed development. Based on the Soil Survey of New Hanover County, the soils on the property are
Murville fine sand. The site hosts several pine trees that are not proposed to be removed.
2016 Comprehensive Land Use Plan Considerations
The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential. This place
type focuses on lower-density housing and associated civic and commercial services. Civic uses, such as
the proposed fire station, are encouraged within the General Residential place type. The proposed station
is low intensity and is set back from the street, and ensuring adequate response times to emergencies is
a recommended ongoing effort in the Plan NHC Action Plan. The proposed station will assist in protecting
the life and property of nearby residents while the permanent facility is designed and constructed.
Relevant Goals, Strategies and Guidelines of the Comprehensive Plan:
While the Comprehensive Plan does not specifically outline any goals or implementation strategies
regarding the development of public safety facilities, the Action Plan for the Comprehensive Plan aligns
with the county’s strategies, including Superior Public Health and Public Safety. Ensuring adequate
response times to emergencies is an effort woven in to the ongoing implementation of the Comprehensive
Plan, which supports the current proposal.
In summary, the proposed application is consistent with the future land use map and harmonious with
the General Residential place type.
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions required to
be reached to approve the special use permit request. These preliminary findings of fact and conclusions
are based solely on the information provided to date, prior to any information or testimony in support or
opposition to the request that may be presented at the upcoming public hearing at the December 1, 2016
Planning Board meeting.
- 3 - 4ITEM: 2
Planning Board - December 1, 2016
S-633 (12/16) Page 5 of 7
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 site is not within any Special Flood Hazard Area or CAMA Area of Environmental Concern.
B. Siting a temporary fire station with around-the-clock personnel on the site will allow for
uninterrupted public health and safety service delivery in the Ogden area while the fire station on
Market Street is being redeveloped.
C. The site has direct access to Old Oak Road and is located approximately 1200’ from Torchwood
Boulevard, allowing Fire Services personnel to access the street network in the Ogden area to
respond to calls.
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. The site is zoned R-15, Residential District.
B. Government buildings, including fire stations, are allowed by Special Use Permit in the R-15 zoning
district.
C. The site shall comply with the landscaping and buffering requirements of Section 62 of the Zoning
Ordinance.
D. A site plan has been included as part of the Special Use Permit application and demonstrates that
the building setback requirements of the R-15 zoning district will be met.
E. The Zoning Ordinance establishes no special conditions or supplemental regulations for the
construction of a fire station but states that government offices, buildings, and related structures
and uses obtain a Special Use Permit.
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. No evidence has been submitted that this project will decrease the property values of adjacent or
nearby properties.
B. Fire stations are located in other residential zoning districts in the county, including Murrayville
Road and Porters Neck.
C. Providing 24-hour emergency response will maintain or improve the ISO rating and thereby
maintain or improve insurance rates for area residents.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
Finding 4: The Board must find that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover County.
- 3 - 5ITEM: 2
Planning Board - December 1, 2016
S-633 (12/16) Page 6 of 7
A. The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential.
B. Civic uses, such as the proposed fire station, are encouraged within the General Residential place
type.
C. Ensuring adequate response times to emergencies is an effort woven in to the ongoing
implementation of the Comprehensive Plan, supporting the current proposal.
D. Fire stations and similar facilities have traditionally been located throughout a community to
promote efficiency in response times and to provide comprehensive emergency service delivery.
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.
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 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.
Example Motion for Approval:
Motion to recommend approval, as the Planning Board finds that this application for a Special Use Permit
to develop a temporary fire station:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Zoning Ordinance;
3. Will not substantially injure the value of adjoining or abutting property; and
4. Will be in harmony with the surrounding area, and is in general conformity of the plans of
development for New Hanover County.
[OPTIONAL] Also, that the following conditions be added to the development:
[List Conditions]
Staff suggested conditions:
1. An assessment of Old Oak Road shall be performed and any impact to the road realized from the
use by the fire apparatus shall be mitigated by the county.
2. The Special Use Permit shall expire when the temporary fire station is removed from the property.
Example Motion for Denial:
Motion to recommend denial, as the Planning Board cannot find that this application for a Special Use
Permit to develop a temporary fire station:
- 3 - 6ITEM: 2
Planning Board - December 1, 2016
S-633 (12/16) Page 7 of 7
[State the finding(s) that the application does not meet and include reasons to why it is not being met]
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Zoning Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the surrounding area, and is in general conformity of the plans of
development for New Hanover County.
- 3 - 7ITEM: 2
Planning Board - December 1, 2016
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OLD OAK RD
YVONNE RD
TORCHWOOD BLV GREENVIEW DR
BEACON DR
STEELE LP
HIXON PL
IRELAND CT
ENDICOTT CT
DIANE DR
OAK RIDGE LN
FLAGLER DR
GABLE RUN DR
DUVALL CT
CHIPLEY DR
NEEDLEFISH CT
PETE R S L N
JACQUELINE DR
ROCHELLE RD
SMALLWOOD CT
GROUNDWATER WAY
PRIVATE
ALEXANDER PL
C O R U M L N
RANCH DR
O R PIN C T
500 Feet®HNC
S-633
R-15 OLD OAK RD
HIXON PL
DIANE DR
BEACON DR SMALLWOOD CT
ROCHELLE RD
CORUM LN
GROUNDWATER WAY S-633
C a s e :
S p e c i a l U s e Pe r m i t
R e q u e s t :
S -6 3 3
E x i s t i n g Z o n i n g /U s e : P r o p o s e d U s e :S it e A d d r e s s :
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Parcels within 500 Feet of Case Site
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C a s e S i t eNeighbor i n g Pa r c e l s
ID Physical Address ID Physical Address1317 HIXON PL 33 307 HIXON PL2314 SMALLWOOD CT 34 304 SMALLWOOD CT3525 JACQUELINE DR 35 521 DIANE DR4509 ROCHELLE RD 36 513 DIANE DR5319 HIXON PL 37 517 ROCHELLE RD6512 ROCHELLE RD 38 521 ROCHELLE RD7602 GROUNDWATER WAY 39 320 HIXON PL87526 OLD OAK RD 40 314 HIXON PL0633 GROUNDWATER WAY 41 306 HIXON PL9306 SMALLWOOD CT 42 515 ROCHELLE RD10524 DIANE DR 43 7501 CORUM LN11308 SMALLWOOD CT 44 300 SMALLWOOD CT12516 ROCHELLE RD 45 512 DIANE DR13313 SMALLWOOD CT 46 309 SMALLWOOD CT14307 SMALLWOOD CT 47 312 SMALLWOOD CT15311 HIXON PL 48 313 HIXON PL16318 HIXON PL 49 7507 CORUM LN17516 DIANE DR 50 7515 LT6R OLD OAK RD187608 OLD OAK RD 51 312 HIXON PL197508 CORUM LN 52 310 HIXON PL20525 DIANE DR 53 316 SMALLWOOD CT21412 ENDICOTT CT 54 302 SMALLWOOD CT22412 ENDICOTT CT 55 523 DIANE DR23303 HIXON PL 56 304 HIXON PL247505 CORUM LN 57 308 HIXON PL25519 ROCHELLE RD 58 315 HIXON PL26311 SMALLWOOD CT 59 520 DIANE DR27513 ROCHELLE RD 60 303 SMALLWOOD CT28305 HIXON PL 61 305 SMALLWOOD CT29508 DIANE DR 62 301 SMALLWOOD CT30310 SMALLWOOD CT 63 520 ROCHELLE RD31517 DIANE DR 64 316 HIXON PL32517 DIANE DR 65 309 HIXON PL
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R-15
R-10
OLD OAK RD
YVONNE RD
TORCHWOOD BLV GREENVIEW DR
BEACON DR
STEELE LP
HIXON PL
IRELAND CT
ENDICOTT CT
DIANE DR
OAK RIDGE LN
FLAGLER DR
GABLE RUN DR
DUVALL CT
CHIPLEY DR
NEEDLEFISH CT
PETE R S L N
JACQUELINE DR
ROCHELLE RD
SMALLWOOD CT
GROUNDWATER WAY
PRIVATE
ALEXANDER PL
C O R U M L N
RANCH DR
O R PIN C T
500 Feet®HNC
S-633
C a s e :
S p e c i a l U s e Pe r m i t
R e q u e s t :
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E x i s t i n g Z o n i n g /U s e : P r o p o s e d U s e :S it e A d d r e s s :
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Zoning Districts
S HO D
A-IAR
B-1 B-2
EDZDI-1
I-2
O&I
PDR-10
R-15
R-20
R-20S R-7
RA
RFMU
SC
I n c o r p o r a t e d A r e a s
Indicates Conditional Use District (CUD)Indicates Conditional Zoning District (CZD)Se e Se ctio n 55 .1 o f the Z oning OrdinanceCOD
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GE NER AL RES IDEN TIA L
CO NSE RVAT ION
COM MUN ITY MIX ED U SE
OLD OAK RD YVONNE RD
TORCHWOOD BLV GREENVIEW DR
BEACON DR
STEELE LP
HIXON PL
IRELAND CT
ENDICOTT CT
DIANE DR
OAK RIDGE LN
FLAGLER DR
GABLE RUN DR
DUVALL CT
CHIPLEY DR
NEEDLEFISH CT
PETE R S L N
JACQUELINE DR
ROCHELLE RD
SMALLWOOD CT
GROUNDWATER WAY
PRIVATE
ALEXANDER PL
C O R U M L N
RANCH DR
O R PIN C T
500 Feet®HNC
S-633
C a s e :
S p e c i a l U s e Pe r m i t
R e q u e s t :
S -6 3 3
E x i s t i n g Z o n i n g /U s e : P r o p o s e d U s e :S it e A d d r e s s :
7 5 0 0 b l o c kOld O a k R d R -1 5 /S a n i t a r y S e r v i c e Te m p o r a r y F i r eStation
Placety pes
Commerce Zone
Employment Center
General Residential
Urban Mixed Use
Comm unity Mixed Use
Rural Residential
Conser vation
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OLD OAK RD
YVONNE RD
TORCHWOOD BLV GREENVIEW DR
BEACON DR
STEELE LP
HIXON PL
IRELAND CT
ENDICOTT CT
DIANE DR
OAK RIDGE LN
FLAGLER DR
GABLE RUN DR
DUVALL CT
CHIPLEY DR
NEEDLEFISH CT
PETE R S L N
JACQUELINE DR
ROCHELLE RD
SMALLWOOD CT
GROUNDWATER WAY
PRIVATE
ALEXANDER PL
C O R U M L N
RANCH DR
O R PIN C T
500 Feet®HNC
Sewer Collector
Wa ter Distribution Main
S-633
C a s e :
S p e c i a l U s e Pe r m i t
R e q u e s t :
S -6 3 3
E x i s t i n g Z o n i n g /U s e : P r o p o s e d U s e :S it e A d d r e s s :
7 5 0 0 b l o c kOld O a k R d R -1 5 /S a n i t a r y S e r v i c e Te m p o r a r y F i r eStation
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APPLICANT
MATERIALS
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PROPOSED
SITE PLAN
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NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: December 1, 2016
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner
CONTACT(S): Brad Schuler, Current Planner; Ben Andrea, Current Planning & Zoning Supervisor
SUBJECT:
Public Hearing
Rezoning Request (Z-965, 12/16) – Request by Design Solutions on behalf of the property owner, Inlet
Watch Development Partners, LLC, to rezone 7.03 acres located at the 7200 block of Carolina Beach
Road from B-1, Business District, to (CZD) B-2, Conditional Highway Business District, in order to
develop a mini-warehouse use.
BRIEF SUMMARY:
The property proposed to be rezoned consists of three parcels of land totaling 7.03 acres. It is located at the
7200 block of Carolina Beach Road and was zoned R-15 when zoning was initially applied to this area in
1971. In 1984, the western portion of the property along Carolina Beach Road was rezoned to B-1, and in
1987, the remaining portion was rezoned to B-1.
In 2014, a special use permit was granted for the property for a mixed-use development consisting of 93
apartment units and 2,500 square feet of commercial space. That approval, which is set to expire in
November of 2017, will become void if this rezoning application is approved.
The surrounding area consists mostly of single-family residential developments with Inlet Watch being
located directly east of the subject property. Other residential developments in the area include Carolina
Inlet Acres, The Cape, Lighthouse Village, and Windswept. To the south, is an existing B-1 zoned property
containing an existing retail establishment, Carolina Video.
The petitioner is seeking this rezoning in order to develop a mini-warehouse use consisting of four buildings
totaling 77,650 square feet. The proposed development will generate 12 trips in the AM peak, and 20 trips in
the PM peak. Because the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) was
not required to be completed.
The 2016 Comprehensive Land Use Plan classifies the subject properties as Community Mixed Use. This
place type focuses on small-scale, compact, mixed use development patterns that serve all modes of travel
and act as an attractor for county residents and visitors. Overall, the proposed rezoning is consistent with the
Plan as commercial development is encouraged in the Community Mixed Use place type. The proposed use
also minimizes vehicle trips for nearby residents and is designed to promote safety for customers and nearby
residents.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
ITEM: 3
Planning Board - December 1, 2016
• Implement plans for land use, economic development, infrastructure and environmental programs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval and suggests the following motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 7.03 acres from B-1, Business District, to (CZD) B-2, Conditional Highway Business District
described is:
1.Consistent with the purposes and intent of the 2016 Comprehensive Plan because commercial uses are
appropriate within the Community Mixed Use place type, and because the proposed development is
consistent with the recommended intensity of the Community Mixed Use place type.
2.Reasonable and in the public interest because the proposed development will provide a service to
nearby residents that will minimize vehicle trips and miles traveled.
Conditions:
1.The business shall be subject to the following hours of operation:
a. Staff Office
i. 9:00 a.m. to 6:00 p.m. – Weekdays
ii. 9:00 a.m. to 4:00 p.m. – Saturdays
iii. 10:00 a.m. to 2:00 p.m. – Sundays
b. Gate Access by Security Code
1. 6:00 a.m. to 10 p.m. - Daily
2.Freestanding signage shall be limited to monument signs, in that the sign must have a support
structure that is a solid-appearing base constructed of a permanent material, such as concrete block or
brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited.
3.The yards along Carolina Beach Road and Radnor Road shall be bordered with min. 6' high
decorative aluminum fencing. The required streetyard plantings along Carolina Beach Road shall be
supplemented by an evergreen low buffer consistent with the parking lot screening requirements of
Section 62.1-5 of the Zoning Ordinance. In addition, a 20’ wide buffer strip, consistent with Section
62.1-4 of the Zoning Ordinance, shall be planted along Radnor Road.
ATTACHMENTS:
Z-965 Script PB
Z-965 Petition Summary
Z-965 Staff Summary
Z-965 Neighbor Properties Map
Z-965 Zoning Map
Z-965 Future Land Use Map
Z-965 Water-Sewer Map
Applicant Materials Cover Page
Z-965 Application Package
Proposed Site Plan Cover Page
Z-965 Proposed Site Plan
ITEM: 3
Planning Board - December 1, 2016
SCRIPT FOR Conditional Zoning District Application (Z-965, 12/16)
Request by Design Solutions on behalf of the property owner, Inlet Watch Development
Partners, LLC, to rezone 7.03 acres located at the 7200 block of Carolina Beach Road from B-1,
Business District, to (CZD) B-2, Conditional Highway Business District, in order to develop a
mini-warehouse use.
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. Board discussion
5. 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 application for a
zoning map amendment of 7.03 acres from B-1, Business District, to (CZD) B-2, Conditional
Highway Business District described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because
commercial uses are appropriate within the Community Mixed Use place type, and
because the proposed development is consistent with the recommended intensity of the
Community Mixed Use place type.
2. Reasonable and in the public interest because the proposed development will provide
a service to nearby residents that will minimize vehicle trips and miles traveled.
Conditions:
1. The business shall be subject to the following hours of operation:
a. Staff Office
i. 9:00 a.m. to 6:00 p.m. – Weekdays
- 1 - 1ITEM: 3
Planning Board - December 1, 2016
ii. 9:00 a.m. to 4:00 p.m. – Saturdays
iii. 10:00 a.m. to 2:00 p.m. – Sundays
b. Gate Access by Security Code
i. 6:00 a.m. to 10 p.m. - Daily
2. Freestanding signage shall be limited to monument signs, in that the sign must have
a support structure that is a solid-appearing base constructed of a permanent
material, such as concrete block or brick. Freestanding signs supported by poles
and any flashing, digital signs shall be prohibited.
3. The yards along Carolina Beach Road and Radnor Road shall be bordered with
min. 6' high decorative aluminum fencing. The required streetyard plantings along
Carolina Beach Road shall be supplemented by an evergreen low buffer consistent
with the parking lot screening requirements of Section 62.1-5 of the Zoning
Ordinance. In addition, a 20’ wide buffer strip, consistent with Section 62.1-4 of
the Zoning Ordinance, shall be planted along Radnor Road.
- 1 - 2ITEM: 3
Planning Board - December 1, 2016
Z-965, 12/16 Page 1 of 1
Case Z-965, (12/16)
Rezone from B-1, Business District, to (CZD) B-2, Conditional Business District
Petition Summary Data
Parcel Location & Acreage: 7200 block of Carolina Beach Road, 7.03 acres
Petitioner/Owner: Cindee Wolf with Design Solutions (Applicant)
Inlet Watch Developmnet Partners, LLC (Owner)
Existing Land Use: Undeveloped
Zoning History: April 7, 1971 - Initially zoned R-15 via Area 4
May 7, 1984 – 3 acres of the subject property, located along Carolina
Beach Road, were rezoned to B-1 (Z-185).
October 5, 1987 – The remaining 3+ acres of the subject property were
rezoned to B-1 (Z-319).
Land Classification: Community Mixed Used
Water Type: Private (Aqua)
Sewer Type: Private (Aqua)
Recreation Area: Veterans Park and Snows Cut Park
Access: Middle Sound Loop Road
Fire District: New Hanover County South
Watershed & Water Quality
Classification: Intracoastal Waterway (SA;HQW)
Conservation/Historic/
Archaeological Resources: No known historic or archaeological resources
Soils and Septic Suitability: Wakulla Sand (Wa) – Class I: Suitable/Slight Limitation
Stallings Fine Sand (Se) – Class II: Moderate Limitation
Lynn Haven Fine Sand (Ly) – Class III: Severe Limitation
Leon Soil (Le) – Class III: Severe Limitation
Schools: Anderson Elementary, Codington Elementary, Murray Middle, Ashley
High
- 2 - 1ITEM: 3
Planning Board - December 1, 2016
Z-965, (12/16) Page 1 of 8
CONDITIONAL ZONING DISTRICT APPLICATION
CASE: Z-965, 12/16
PETITIONER: Cindee Wolf of Design Solutions, applicant
Inlet Watch Dev. Partners, LLC, property owner
REQUEST: Rezone from B-1, Business District, to (CZD) B-2, Conditional Highway Business District
ACREAGE: 7.03 acres
LOCATION: 7200 block of Carolina Beach Road
PIDs: R08500-003-003-000
R08500-003-010-000
R08500-003-006-000
2016 COMP PLAN PLACE TYPE: Community Mixed Use
EXISTING CONDITIONS:
Existing Zoning and Land Uses
The property proposed to be rezoned consists of three parcels of land totaling 7.03 acres. It is located at
the 7200 block of Carolina Beach Road and was zoned R-15 when zoning was initially applied to this area
in 1971. In 1984, the western portion of the property along Carolina Beach Road was rezoned to B-1, and
in 1987, the remaining portion was rezoned to B-1.
In 2014, a special use permit was granted for the property for a mixed-use development consisting of 93
apartment units and 2,500 square feet of commercial space. That approval, which is set to expire in
November of 2017, will become void if this rezoning application is approved.
The surrounding area consists mostly of single-family residential developments with Inlet Watch being
located directly east of the subject property. Other residential developments in the area include Carolina
- 3 - 1ITEM: 3
Planning Board - December 1, 2016
Z-965, (12/16) Page 2 of 8
Inlet Acres, The Cape, Lighthouse Village, and Windswept. To the south, is an existing B-1 zoned property
containing an existing retail establishment, Carolina Video.
Existing Site Conditions
The property proposed to be rezoned consists of three parcels of land totaling 7.03 acres. The property is
undeveloped and wooded.
Community Services
Water and Sewer:
The development will connect to Aqua water and sewer service.
Fire Protection:
The property is served by New Hanover County Fire Services and located in the New Hanover County
South Fire District.
Schools:
The property is located within the school districts for Anderson Elementary, Codington Elementary,
Murray Middle, and Ashley High schools, however, this use will not impact the school system.
Conservation, Historic, and Archaeological Resources
The subject property does not host any known historic, or archaeological resources. The northeast
portion of the property is within the Conservation Overlay District and contains swamp forest. However,
the swamp forest is not of a sufficient size for conservation space to be required.
PETITIONER’S REQUEST:
The petitioner is seeking to rezone the 7.03 acres currently zoned B-1, Business District, to (CZD) B-2,
Conditional Highway Business District, in order to develop a mini-warehouse use consisting of four
buildings totaling 77,650 square feet.
- 3 - 2ITEM: 3
Planning Board - December 1, 2016
Z-965, (12/16) Page 3 of 8
STAFF POSITION:
Zoning and Subdivision Ordinance Considerations
The purpose of the B-2 district is to provide for the development of roadside business uses which will best
accommodate the needs of the motoring public and businesses demanding high volume traffic. The
district’s principle means of ingress and egress shall be along collector roads, minor arterials, and/or major
arterials.
A conceptual site plan is included as part of the application and is shown below. If this application is
approved, the property must be developed in accordance with the site plan. The applicant has also
included the following conditions in their proposal:
1. The business shall be subject to the following hours of operation:
a. Staff Office
i. 9:00 a.m. to 6:00 p.m. – Weekdays
ii. 9:00 a.m. to 4:00 p.m. – Saturdays
iii. 10:00 a.m. to 2:00 p.m. – Sundays
b. Gate Access by Security Code
i. 6:00 a.m. to 10 p.m. - Daily
2. Freestanding signage shall be limited to monument signs, in that the sign must have a support
structure that is a solid-appearing base constructed of a permanent material, such as concrete
block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be
prohibited.
3. The yards along Carolina Beach Road and Radnor Road shall be bordered with min. 6' high
decorative aluminum fencing. The required streetyard plantings along Carolina Beach Road shall
be supplemented by an evergreen low buffer consistent with the parking lot screening
requirements of Section 62.1-5 of the Zoning Ordinance. In addition, a 20’ wide buffer strip,
consistent with Section 62.1-4 of the Zoning Ordinance, shall be planted along Radnor Road.
Further, if this rezoning application is approved, the proposed development must then go through the
County’s site plan/building permit review process. The process includes reviewing the plan with the
technical standards of the County’s development ordinances, including landscaping, buffering, floodplain,
and stormwater requirements. A fully opaque buffer is required along the property lines that adjoin
residential uses and zoning districts. As currently shown, the site plan complies with the Zoning Ordinance.
- 3 - 3ITEM: 3
Planning Board - December 1, 2016
Z-965, (12/16) Page 4 of 8
Conceptual Site Plan
Transportation
The proposed development will generate 12 trips in the AM peak, and 20 trips in the PM peak. Because
the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) was not required to be
completed.
The Wilmington Metropolitan Planning Organization most recent traffic count for this portion of Carolina
Beach Road found an average daily traffic of 30,123 trips. Based on the road’s design capacity of 29,300
vehicles per day, this equates to a Level of Service (LOS) of “F” when using the Volume to Capacity Ratio.
- 3 - 4ITEM: 3
Planning Board - December 1, 2016
Z-965, (12/16) Page 5 of 8
Environmental
Portions of the property are located within an AE Special Flood Hazard Area with a Base Flood Elevation
of 12 feet. The development must comply with the County’s Floodplain Ordinance, which will be reviewed
during the site plan/building permit process. However, it should be noted that the official flood maps will
be updated within the coming months. Currently, the preliminary flood maps remove the AE Special Flood
Hazard Area from the property.
Stormwater management will be reviewed by the New Hanover County Engineering Department and by
the NC Department of Environmental Quality. The applicant has received an approved wetland
delineation for the property from the US Army Corps of Engineers. The property contains 1.12 acres of
wetlands which are illustrated on the site plan. The development will impact 2,385 square feet (0.054
acres) of the wetlands in accordance with the US Army Corps of Engineer’s standards.
2016 Comprehensive Land Use Plan
The 2016 Comprehensive Land Use Plan classifies the subject properties as Community Mixed Use. This
place type focuses on small-scale, compact, mixed use development patterns that serve all modes of travel
and act as an attractor for county residents and visitors. Types of uses encouraged in this place type
include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family
residential.
Recommended urban design features for this place type include siting non-residential structures close to
sidewalks and providing pedestrian amenities such as sidewalks, street and shade trees, and street
furniture.
Relevant Goals, Strategies, and Guidelines of the Comprehensive Plan
The Comprehensive Plan outlines which plan goals should be promoted within the Community Mixed Use
place type. The relevant goals to be promoted include:
Goal I: Promote business success. (Desired Outcome: A vibrant economy for New Hanover County
based on business success.)
Goal III: Promote fiscally responsible growth. (Desired Outcome: Growth patterns that achieve
efficient provisions of services and equitable distribution of costs between the public and private
sector.)
- 3 - 5ITEM: 3
Planning Board - December 1, 2016
Z-965, (12/16) Page 6 of 8
Goal VIII: Integrate multi-modal transportation into mixed land uses that encourage safe,
walkable communities. (Desired Outcome: A community with a mixture of land uses that allows
for individuals to perform daily tasks without the use of an automobile. A community where
individuals can safely walk, bike, and access transit.)
Goal IX: Promote environmentally responsible growth. (Desired Outcome: Development that
accommodates population growth while minimizing negative impacts on natural resources.)
Goal XVI: Increase public safety by reducing crime through the built environment. (Desired
Outcome: New development patterns that focus on increased public safety.)
Goal XXI: Ensure NHC remains in attainment for air quality, in support of clean air and improved
public health outcomes in support of continued growth. (Desired Outcome: New Hanover County
to remain in attainment for air quality to protect public health and retain and attract quality
development and industries.)
Staff Analysis
Commercial uses, such as the proposed storage facility, are allowed within the Community Mixed Use
place type. The proposed development will provide a service to nearby residents that will minimize
vehicle trips and miles traveled and is designed to limit potential safety concerns for nearby residents.
While the proposed development is consistent with the types of uses allowed in the Community Mixed
Use place type and will advance several of the land use plan’s goals, standalone storage facilities do not
fully align with the ultimate vision and desired outcomes outlined in the land use plan for this place type.
The Community Mixed Use place type is envisioned as an area that provides needed services to nearby
residents, allowing them to walk and bike to meet many of their daily needs, namely retail, entertainment,
and employment. While storage facilities provide a service for residents, they are not usually accessed by
foot or bicycle and do not create the type of development pattern intended by this place type.
Overall, the proposed rezoning is consistent with the 2016 Comprehensive Land Use Plan as commercial
development is encouraged in the Community Mixed Use place type. The proposed use minimizes vehicle
trips for nearby residents and is designed to promote safety for customers and nearby residents. While
the project does not include the pedestrian and bicycle amenities promoted in the plan, those facilities
are typically not incorporated in the design for this type of use, which relies on motor vehicles to transport
goods for storage, or this location, which is along a corridor with no existing multi-modal infrastructure or
destinations.
REVIEW AND ACTION:
This request is being facilitated by Section 55.3 – Conditional Zoning District of the County’s Zoning
Ordinance, and has been processed and reviewed per Section 110 – Amending the Ordinance. A
community meeting was held on Tuesday, October 25, 2016 in accordance with the requirements for such
an application. The applicant has provided a summary of the meeting which includes the concerns and
comments brought up by the attendees. Modifications were made to the proposed site plan as a result
of the meeting.
Staff recommends approval of the application with conditions. Staff concludes that the application is
consistent with the requirements of the 2016 Comprehensive Plan. Specifically, the density of the
- 3 - 6ITEM: 3
Planning Board - December 1, 2016
Z-965, (12/16) Page 7 of 8
proposed development is consistent with the recommended development intensity for the Community
Mixed Use place type and will provide a service to nearby residents that will minimize vehicle trips and
miles traveled.
Action Needed
Motion to recommend approval of the petitioner’s application [with or without agreed upon
conditions]
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 7.03 acres from B-1, Business District, to (CZD) B-2, Conditional Highway Business District
as described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive 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.].
Conditions:
[List any agreed upon conditions]
Example Motion for Denial:
Motion to recommend denial, as the Planning Board finds that this application for a zoning map
amendment of 7.03 acres from B-1, Business District, to (CZD) B-2, Conditional Highway Business
described is:
1. Not Consistent with the purposes and intent of the 2016 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.].
Staff Suggested Motion:
Motion to recommend approval, as the Planning Board finds that this application for a zoning map
amendment of 7.03 acres from B-1, Business District, to (CZD) B-2, Conditional Highway Business District
described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because commercial
uses are appropriate within the Community Mixed Use place type, and because the proposed
- 3 - 7ITEM: 3
Planning Board - December 1, 2016
Z-965, (12/16) Page 8 of 8
development is consistent with the recommended intensity of the Community Mixed Use place
type.
2. Reasonable and in the public interest because the proposed development will provide a service
to nearby residents that will minimize vehicle trips and miles traveled.
Conditions:
1. The business shall be subject to the following hours of operation:
a. Staff Office
i. 9:00 a.m. to 6:00 p.m. – Weekdays
ii. 9:00 a.m. to 4:00 p.m. – Saturdays
iii. 10:00 a.m. to 2:00 p.m. – Sundays
b. Gate Access by Security Code
i. 6:00 a.m. to 10 p.m. - Daily
2. Freestanding signage shall be limited to monument signs, in that the sign must have a support
structure that is a solid-appearing base constructed of a permanent material, such as concrete
block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be
prohibited.
3. The yards along Carolina Beach Road and Radnor Road shall be bordered with min. 6' high
decorative aluminum fencing. The required streetyard plantings along Carolina Beach Road shall
be supplemented by an evergreen low buffer consistent with the parking lot screening
requirements of Section 62.1-5 of the Zoning Ordinance. In addition, a 20’ wide buffer strip,
consistent with Section 62.1-4 of the Zoning Ordinance, shall be planted along Radnor Road.
- 3 - 8ITEM: 3
Planning Board - December 1, 2016
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Z-964
C a s e :
C o n d it i o n a l Z o n i n gDistrict
R e q u e s t :
Z -9 6 5
E x i s t i n g Z o n i n g /U s e : P r o p o s e d Z o n i n g :S it e A d d r e s s :
7 2 6 1 & 7 2 3 5Carolina B e a c h R d B -1 /U n d e v e l o p e d (C Z D ) B -2Self-S t o r a g e
Parcels within 500 Feet of Case Site
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C a s e S i t eNeighbor i n g Pa r c e l s
ID Physical Address ID Physical Addre ss1812 BERWYN DR 26 800 BERWYN DR2808 BERWYN DR 27 7182 CAROLINA BEACH RD3813 BERWYN DR 28 7329 CAROLINA BEACH RD4801 BERWYN DR 29 820 BERWYN DR57178 CAROLINA BEACH RD 30 804 BERWYN DR67244 CAROLINA BEACH RD 31 7230 CAROLINA BEACH RD7816 LITTLE PONY TRL 32 7200 CAROLINA BEACH RD8817 BERWYN DR 33 803 PAOLI CT97300 CAROLINA BEACH RD 34 7325 CAROLINA BEACH RD107300 CAROLINA BEACH RD 35 809 BERWYN DR11821 RED LIGHTHOUSE LN 36 826 RED LIGHTHOUSE LN127181 CAROLINA BEACH RD 37 819 RED LIGHTHOUSE LN137200 CAROLINA BEACH RD 39 832 BERWYN DR14937 BONAIRE RD 40 820 RED LIGHTHOUSE LN15818 RED LIGHTHOUSE LN 41 805 BERWYN DR16800 PAOLI CT 42 825 BERWYN DR17825 RED LIGHTHOUSE LN 43 7204 CAROLINA BEACH RD187284 CAROLINA BEACH RD 44 7210 CAROLINA BEACH RD197290 CAROLINA BEACH RD 45 816 BERWYN DR207243 CAROLINA BEACH RD 46 822 RED LIGHTHOUSE LN21821 BERWYN DR 47 800 BERWYN DR22824 BERWYN DR 48 7213 CAROLINA BEACH RD237303 CAROLINA BEACH RD 49 7311 CAROLINA BEACH RD24804 PAOLI CT 50 1225 SILVER AVE25806 PAOLI CT 51 7245 CAROLINA BEACH RD07261 CAROLINA BEACH RD 52 828 BERWYN DR07275 CAROLINA BEACH RD 53 836 BERWYN DR07261 CAROLINA BEACH RD
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Parcels within 500 Feet of Case Site
Pla cetypes
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General Residential
Urban Mixed Use
Com munity Mixed Use
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APPLICANT
MATERIALS
- 8 - 1ITEM: 3
Planning Board - December 1, 2016
- 8 - 2ITEM: 3
Planning Board - December 1, 2016
- 9 - 1ITEM: 3
Planning Board - December 1, 2016
- 9 - 2ITEM: 3
Planning Board - December 1, 2016
- 9 - 3ITEM: 3
Planning Board - December 1, 2016
- 9 - 4ITEM: 3
Planning Board - December 1, 2016
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- 9 - 5ITEM: 3
Planning Board - December 1, 2016
Legal Description for
Conditional District Rezoning of
7.03 acres at 7261 & 7275 Carolina Beach Road
Beginning at a point in the eastern boundary of Carolina Beach Road (U.S. Hwy. 421), a 160’
public right‐of‐way; said point being located at the intersection with the southern boundary of
Radnor Road, a 60’ private road and utility easement recorded among the land records of the
New Hanover County Registry in Map Book 28, at Page 93; and running thence from the point
of beginning:
South 89016’02” East, 478.50 feet to a point; thence
South 00045’59” West, 114.02 feet to a point; thence
South 20030’46” East, 109.46 feet to a point; thence
South 00002’34” West, 424.00 feet to a point; thence
North 89057’15” West, 100.64 feet to a point; thence
South 89059’49” West, 400.01 feet to a point in the eastern boundary of Carolina Beach Road;
thence with that right‐of‐way,
Along a Curve to the left, having a Radius of 1598.23 feet and Length of 651.24 feet, a Chord of
North 01016’10” West, 646.74 feet to the point and place of beginning, containing 7.03 acres,
more or less.
- 9 - 6ITEM: 3
Planning Board - December 1, 2016
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- 9 - 8ITEM: 3
Planning Board - December 1, 2016
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Location: 7261 & 7275 Carolina Beach Road
Proposed Zoning: Conditional Zoning District / (CZD) B-2
The undersigned hereby certifies that written notice of a community meeting on the above
zoning application was given to the adjacent property owners set forth on the attached list by
first class mail, and provided to the Planning Department for notice of the Sunshine List on
October 12, 2016 . A copy of the written notice is also attached.
The meeting was held at the following time and place: Tuesday, October 25, 2016,
6:00 – 7:00 p.m.; at the Inlet Watch Yacht Club clubhouse; 801 Paoli Ct.
The persons in attendance at the meeting were: Reference attached sign-in List
The following issues were discussed at the meeting: A brief description of the current
commercial district mixed-use plan was given, and then of the proposed storage facility project.
There was extensive conversation concerning the drainage system in and around the tract,
and the State & County stormwater management regulations – requirements and purpose to
protect surrounding properties from post-development run-off impacts.
As a result of the meeting, the following changes were made to the rezoning petition: None
Date: October 31, 2016
Applicant: Design Solutions
By: Cindee Wolf
- 9 - 9ITEM: 3
Planning Board - December 1, 2016
- 9 - 10ITEM: 3
Planning Board - December 1, 2016
- 9 - 11 ITEM: 3
Planning Board - December 1, 2016
OwnerOwner AddrOwner City
ANDO PAUL J IV434 PRINCETON AVE BRICK, NJ 08724
BENFIELD FLOYD J JR ELIZABETH808 BERWYN DR WILMINGTON, NC 28409
BIEHL TERRY LIVING TRUSTPO BOX 10702WILMINGTON, NC 28404
BOWLES EILEEN F LIVING TRUST 1495 MERIDAN ST WOODBRIDGE, VA 22191
BOZEMAN ERNEST ELAINE M7178 CAROLINA BEACH RD WILMINGTON, NC 28412
BRUNNER TIMOTHY M LAURAINE F816 LITTLE PONY TRL WILMINGTON, NC 28412
BRUNNER TIMOTHY M LAURAINE F816 LITTLE PONY TRL WILMINGTON, NC 28412
BUFFINGTON HOBIE LEE ELIZABETH817 BERWYN DR WILMINGTON, NC 28409
CAPE FEAR BAPTIST CHURCHPO BOX 705CAROLINA BEACH, NC 28428
CASSIMIR COMMONS ASSOCIATION1230 MAYNARD RD SE 103CARY, NC 27511
CHAIMOWITZ ROBERT B821 RED LIGHTHOUSE LN WILMINGTON, NC 28412
CHASE TIMOTHY LEE COURTNAY F7181 CAROLINA BEACH RD WILMINGTON, NC 28409
COOMBS MARY LEE4217 THURSLEY RD WILMINGTON, NC 28412
CORAL RIDGE OWNERS ASSN1202 LAKE PARK BLV N CAROLINA BEACH, NC 28428
DAY TIMOTHY K LISA A2512 HOLLY LN KUNKLETOWN, PA 18058
EICHMAN EDWARDS J ETAL800 PAOLI CT WILMINGTON, NC 28409
FUTCH JOHN HRSPO BOX 51788RIVERSIDE, CA 92517
FUTCH ROSA B HRSPO BOX 15538WILMINGTON, NC 28408
FUTCH ROSA B HRSPO BOX 15538WILMINGTON, NC 28408
GUY GEOFFREY MPO BOX 409CAROLINA BEACH, NC 28428
HADLEY WAYNE A JOYCE A821 BERWYN DR WILMINGTON, NC 28409
HARVELL STANLEY G CATHERINE824 BERWYN DR WILMINGTON, NC 28409
HENRY FLOYD JR537 TOWN CREEK RD LELAND, NC 28451
HERMAN INC609 PINER RD UNIT S310WILMINGTON, NC 28409
HERMAN ROBERT609 PINER RD SUITE 310WILMINGTON, NC 28409
INLET WATCH DEVELOPMENT PTNRS LLC6626 GORDON RD WILMINGTON, NC 28411
INLET WATCH DEVELOPMENT PTNRS LLC6626 GORDON RD WILMINGTON, NC 28411
INLET WATCH DEVELOPMENT PTNRS LLC6626 GORDON RD WILMINGTON, NC 28411
INLET WATCH ESTATES HOA INCPO BOX 15094WILMINGTON, NC 28409
JONES BARBARA ANN EXECUTRIX6525 BUCKLAND CT FORT WASHINGTON, MD 20744
JONES FLOSSIE M747 EARNEST JONES RD APEX, NC 27502
MARTONE FRANK CYNTHIA1015 WEST COVE LOOP LELAND, NC 28451
MATHEWS LAWRENCE JR BETTY804 BERWYN DR WILMINGTON, NC 28409
MCKINNEY JOSEPH A JR IRRREV TRUST315 SPRING GARDEN ST GREENSBORO, NC 27401
MUSSELWHITE NEILL H7173 CAROLINA BEACH RD WILMINGTON, NC 28412
ODOM RICHARD JUDITH1026 WATERVIEW CT CAROLINA BEACH, NC 28428
PASSMORE WARREN R HRS806 ROCKY MOUNT AVE CAROLINA BEACH, NC 28428
PLETCHER BRANDA M TODD8216 LAKEVIEW DR WILMINGTON, NC 28412
RED LIGHTHOUSE VILLAGE HOAPO BOX 901CAROLINA BEACH, NC 28428
ROBINSON CLIFFORD L ANITA M819 RED LIGHTHOUSE LN WILMINGTON, NC 28412
ROBINSON GRANT M CAROLYN A832 BERWYN DR WILMINGTON, NC 28409
ROBINSON THOMAS S SR820 RED LIGHTHOUSE LN WILMINGTON, NC 28412
SAFFO PETER G ETAL805 BERWYN DR WILMINGTON, NC 28409
SHAW EDWIN L MARILYN B1370 CALDWELL MOUNTAIN RD HOT SPRINGS, NC 28743
SIMMONS BONNIE7204 CAROLINA BEACH RD WILMINGTON, NC 28412
SIMMONS BONNIE7204 CAROLINA BEACH RD WILMINGTON, NC 28412
STAROPOLI DOMINICK MARIE47 ASHLAND ST NEW ROCHELLE, NY 10801
STEPHENSON JAMES F JR SUSAN M2855 MT PLEASANT RD WILLOW SPRING, NC 27592
STRETTON ROGER C JOYCE J800 BERWYN DR WILMINGTON, NC 28409
TITAN VENTURES LLC7319 CAROLINA BEACH RD WILMINGTON, NC 28412
TITAN VENTURES LLC7319 CAROLINA BEACH RD WILMINGTON, NC 28412
TUCKER ELTON G TRUSTEE165 SHELTER WOOD DR BURGAW, NC 28425
WEBB CARLOS HERMAN8626 REDDING GLENN AVE CHARLOTTE, NC 28216
WOOD DANIEL S828 BERWYN RD WILMINGTON, NC 28409
WOOTEN JON C REVOC TRUST836 BERWYN RD WILMINGTON, NC 28409
- 9 - 12ITEM: 3
Planning Board - December 1, 2016
P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz
Transmittal
October 12, 2016
To: Adjacent Property Owners
From: Cindee Wolf
Re: Self-Storage Facility
The owner of a property within 500 feet of yours is interested in developing a climate-
controlled storage facility at the corner of Carolina Beach Road and Radnor Road. This
parcel is currently approved for a mixed-use project, which includes a 3-story structure
with 90 apartments and 2500 s.f. of commercial space. We believe that a storage facility in
this location would be a better use for the property and seek to modify the previous zoning
approval.
A Conditional Zoning District allows particular uses to be established only in accordance
with specific standards and conditions pertaining to each individual development project.
Essentially, this means that only that use, structures and layout of an approved proposal can
be developed. An exhibit of the plan layout and surrounding area is attached.
The County requires that the developer hold a meeting for all property owners within 500
feet of the tract boundary, and any and all other interested parties. This provides neighbors
with an opportunity for explanation of the proposal and for questions to be answered
concerning project improvements, benefits and impacts.
A meeting will be held on Tuesday, October 25th, at the Inlet Watch Yacht Club clubhouse,
801 Paoli Court, 6:00 – 7:00 p.m. If you cannot attend, you are also welcome to contact
me at telephone # 620-2374, or email cwolf@lobodemar.biz with comments and/or
questions.
We appreciate your interest in the project and look forward to being a good neighbor and
an asset to the community.
- 9 - 13ITEM: 3
Planning Board - December 1, 2016
- 9 - 14ITEM: 3
Planning Board - December 1, 2016
Traffic Impact Worksheet
Prior to submission of nonresidential site plan, this worksheet must be prepared. A
Traffic Impact Analysis will be required for all projects generating 100 peak hour trips
or more. The scope of the TIA shall be determined by concurrence of the Planning
Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures
required must be included in the final site plan submitted for review.
PROJECT NAME __________________________________
PROJECT ADDRESS _______________________________
DEVELOPER/OWNER _____________________________
EXISTING ZONING _______________________________
GROSS FLOOR AREA ________________________ sq. ft.
NEAREST INTERSECTION _________________________
BEFORE PROPOSED PROJECT
Average Daily Traffic (Date) ____________________
LEVEL OF SERVICE (LOS) ____________________
ITE MANUAL TRAFFIC GENERATION ESTIMATE:
*ITE Manual available at Planning Department
USE AND VARIABLES: _____________________________________
(Example: Racquet Club; 8 courts; Saturday peaks)
AM PEAK HOUR TRIPS ________ PM PEAK HOUR TRIPS ________
(Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping
meeting with Planning Department)
_______________________________ _______________________________
Person Providing Estimate Signature
Peak Hour estimate confirmed by Planning & Zoning on ______________________
(Date)
By __________________________________
SouthernSelf-Storage
7261&7275CarolinaBeachRoad
InletWatchDevPartners,LLC
B-1w/SUP/(CZD)B-2Proposed
78,000+/-
Radnor Road
?
?
ITE8thEd.151-Mini-Warehousing(ksf)
12 20
CindeeWolffromITEManual
- 9 - 15ITEM: 3
Planning Board - December 1, 2016
PROPOSED
SITE PLAN
- 10 - 1ITEM: 3
Planning Board - December 1, 2016
- 10 - 2ITEM: 3
Planning Board - December 1, 2016
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6
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: December 1, 2016
REGULAR
ITEM:
DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner
CONTACT(S): Brad Schuler; Chris O'Keefe, Director
SUBJECT:
Development Activity Page – Presentation by Planning Staff on the County’s new Development
Activity Page.
BRIEF SUMMARY:
Staff is happy to announce a new feature on the county's website. The Development Activity page was
created to provided a one-stop shop for the public to obtain information regarding recent major development
applications in the unincorporated areas of the county.
Staff has worked on this page over the past few months, in large part due to requests from the public that
information on major development applications be provided earlier in the process.
The main features of page are:
Easy to locate. The Development Activity Page will have a noticeable link on the heading bar of the
Planning Department’s website.
Comprehensive information. The page will include application materials, meeting dates and
outcomes, staff contacts, community meeting notices, links to relevant sites, and a development
activity map.
Development Activity Map. This will allow the public to locate a develop application or a
development project without knowing the exact address of the property.
Community Information Meeting notices. The page will contain a list of all community
information meetings scheduled in the County.
Quicker publishing of information. Information will be added to the page shortly after applications
are submitted. This will allow the public to review materials prior to the agenda packets being
completed.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Understand and act on citizen needs
Effective County Management
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ITEM: 4
Planning Board - December 1, 2016
ITEM: 4
Planning Board - December 1, 2016
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: December 1, 2016
TECHNICAL REVIEW COMMITTEE REPORT
ITEM:
DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner
CONTACT(S): Brad Schuler; Sam Burgess, Senior Planner; and Ben Andrea, Current Planning/Zoning
Supervisor
SUBJECT:
TRC Report for November 2016
BRIEF SUMMARY:
The New Hanover County Technical Review Committee did not meet during the month of November due to
the lack of agenda items.
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:
No report. No action required.
ITEM: 5
Planning Board - December 1, 2016