2017-01 January 5 2017 PBM
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Minutes of the
New Hanover County Planning Board
January 5, 2017
The New Hanover County Planning Board met Thursday, January 5, 2017 at 6:00 p.m. in the
Assembly Room of the New Hanover County Historic Courthouse, Wilmington, NC to hold a
public meeting.
Planning Board Present: Staff Present:
Donna Girardot, Chairman Chris O’Keefe, Planning & Land Use Director
Ernest Olds, Vice Chairman Ben Andrea, Current Planning & Zoning Supervisor
Paul Boney Brad Schuler, Current Planner
Allen Pope Sharon Huffman, Deputy County Attorney
Edward “Ted” Shipley, III
David Weaver
Absent:
Jordy Rawl
Chairman Donna Girardot opened the meeting and welcomed the audience to the public hearing.
Chris O’Keefe led the reciting of the Pledge of Allegiance.
Chairman Donna Girardot reviewed the procedures for the meeting.
Approval of Minutes for December 2016
David Weaver made a motion to approve the December 1, 2016 Planning Board meeting minutes.
Paul Boney seconded the motion. The Planning Board voted 6-0 to approve the December 1, 2016
Planning Board meeting minutes.
Item 1: Zoning Ordinance Amendment Request (A-425, 9/16) – Request by Planning Staff
to amend Zoning Ordinance Article II, Article V, Article VII, and Article XI regarding
Special Use Permit Requirements and the Table of Permitted Uses.
Chairman Donna Girardot announced that prior to staff’s presentation on the item, she would like
to express a concern raised that due to the holidays people have not had sufficient time to review
this item and to provide input and feedback. Chairman Girardot stated it is important for the
Planning Board to hear from everyone who has an opinion on this very important issue.
Chairman Girardot made a motion to continue the item until the February 2, 2017 Planning Board
meeting. She opened the floor for comments from other board members.
Ted Shipley stated he supported the motion and thought it was a good idea based on the time the
board has put into this item and the ability of the public to come back and provide their feedback.
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Mr. Shipley said given the planning board has held five work sessions and had input from all
parties, they would like any feedback prior to the public comment period, which would be at the
next planning board meeting if the item is postponed.
Ted Shipley then seconded the motion.
David Weaver inquired if there was anyone present in the audience that had come to make a
presentation on this issue.
The Planning Board voted 6-0 to continue Zoning Ordinance Amendment Request (A-425, 9/16)
to the February 2, 2017 Planning Board meeting.
Chairman Girardot thanked the audience for attending the meeting, noting she looked forward to
seeing them in February. She also apologized that they hadn’t received word that the item may be
continued.
Item 2: Rezoning Request (Z-966, 1/17) – Request by Design Solutions on behalf of the
property owner, New Beginning Christian Church, to rezone 8.57 acres located at 3100 block
of Blue Clay Road, from (CZD) R-10, Conditional Residential District, to (CUD) R-10,
Conditional Use Residential District, and for a Special Use Permit for a high density
development consisting of 68 dwelling units.
Current Planner Brad Schuler reported that staff had discovered yesterday an error had occurred
when putting together the mailed notifications for the application, which resulted in a portion of
those notifications being sent to the wrong address. Because this application has not complied with
the notification requirements of the zoning ordinance, staff is requesting that this item be continued
to the February 2, 2017 Planning Board meeting in order to allow for proper notification. Mr.
Schuler extended an apology on behalf of the staff to Cindee Wolf and the New Beginning
Christian Church, and to any citizen in New Hanover County who may have been inconvenienced.
Chairman Girardot stated she felt it was a wise decision to continue the item as the planning board
doesn’t want whatever decision is made to be challenged based on the fact that adjacent property
owners were not properly notified. Chairman Girardot entertained a motion to continue the item.
Vice Chair Ernest Olds made a motion to continue the item to the next meeting. Allen Pope
seconded the motion. The Planning Board voted 6-0 to continue Rezoning Request (Z-966, 1/17)
to the February 2, 2017 Planning Board meeting.
Item 3: Rezoning Request (Z-967, 1/17) – Request by Design Solutions on behalf of the
property owner, Ronald & Joyce Hughes, and Gorilla, LLC, to rezone 3.35 acres located at
the 5200 block of Carolina Beach Road from R-15, Residential District, to (CZD) B-2,
Conditional Business District, in order to develop a 13,500 square foot flex-space building.
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Current Planner Brad Schuler provided information pertaining to location, land classification,
access, level of service and zoning; and showed maps, aerials, and photographs of the property
and the surrounding area. Mr. Schuler presented the following:
• This is an application to establish a Conditional Zoning District. Conditional Zoning
districts have a conceptual site plan attached to them, which the property must be
developed in accordance with, and conditions above and beyond the requirements of the
County's development regulations can be added, provided, however, the applicant
agrees to those conditions.
• As shown on a zoning map of the area, the property proposed to be rezoned is located
in the Monkey Junction area and adjoins property being used for commercial purposes
to the east and south. Also to the south is single-family residential housing and to the
west is the Royal Palms Mobile Home Park. The subject property is zoned both R-15
and B-2. There is a small strip of B-2 zoning, approximately 105 feet in width that fronts
the property along the eastern portion of it.
• The property itself consists of land within 3 separate parcels, totaling 3.35 acres.
Currently a single family dwelling is located on the property. This dwelling will be
removed with the proposed development. The property also contains existing
stormwater ponds which serve the existing commercial development to the east. These
ponds will be modified as necessary to serve the proposed development as well.
• The site plan submitted with the application indicates the applicant is proposing to
develop a 13,500 square foot flex-space building. The uses will be limited to general
office and warehouse uses, which are listed on the plan and within the staff
summary. Access will be provided via an existing thirty-foot access easement that
connects to Carolina Beach Road. This access way serves three properties, including
the subject property, as shown on the site plan.
• The applicant has identified regulated wetlands on the western portion of this property.
If this application is approved, the wetlands must be further delineated by the Army
Corps of Engineers prior to building permit issuance. Any impacts to the regulated
wetlands must also be permitted by the U. S. Army Corps of Engineers.
• Portions of the property are located within an AE Special Flood Hazard Area, and an
AE Floodway. The building is proposed to be constructed within the AE special flood
hazard area, and therefore, will be subject to the county’s floodplain ordinance.
• As for traffic, the County did receive updated trip generation data from the Wilmington
Metropolitan Planning Organization (WMPO). Of the uses that would be allowed to
operate in the proposed building, the general office use would generate the most trips,
and if that use was to occupy the entire building, the development would generate 39
trips in the AM peak and 94 trips in the PM peak. Since the uses will not generate more
than 100 peak hour trips in either the AM or PM peaks, a Traffic Impact Analysis (TIA)
was not required to be completed. Lastly, the WMPO conducted a traffic count along
this portion of Carolina Beach Road in 2015, which found an average daily traffic of
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around 29,000 trips, which based off the design capacity of the road equates to a Level
of Service of “F”, when using the volume to capacity ratio.
• The 2016 Comprehensive Land Use Plan classifies the subject property as Urban Mixed
Use. This place type promotes development of a mix of residential, office, and retail
uses at higher densities. In general, the proposed development is consistent with the
comprehensive plan. The mix of commercial and office uses that would be allowed in
the proposed flex space building is encouraged within the Urban Mixed Use place type,
especially as they would be provided on the same parcel and in conjunction with an
existing mixed use commercial development (retail and entertainment).
• Staff recommends approval of this application and concludes that it is consistent with
the Comprehensive Plan, and is reasonable and in the public interest.
Mr. Schuler offered to answer questions from planning board members.
Chairman Girardot asked who currently owns and is responsible for the access way. Mr. Schuler
responded that the access way is technically located on the Advance Auto Parts property; however,
he would imagine some type of maintenance agreement has potentially been worked out for the
access way.
Chairman Girardot opened the public hearing and recognized the applicant.
Cindee Wolf of Design Solutions stated she represents the applicants, the Gorilla, LLC owner to
the south and the Hughes couple to the north. She stated as pointed out by Mr. Schuler, it is an
unusual situation that there is still a home located behind the retail center and the Advance Auto
Parts and she guessed they are about ready to cease doing that. That being said, there is a split zone
across the property, which is always a housekeeping issue whenever there is any type of
development, so her client would like to put forward the conditional district for the particular use
back there. She noted the 13,500 square foot flex building would be in the back and the type of
use would be more the typical contractor’s offices and that type of use. She stated there is no street
frontage and it is a destination type of place. In regard to trip generation, the uses will not be one
hundred percent professional office. That is not the type of flex space used for these things, but as
Mr. Schuler pointed out, running those trip generation numbers, the project was still in the safe
zone as far as the need not to go into too much traffic improvement or anything like that. She stated
they would certainly be party to some type of maintenance agreement for the access from Carolina
Beach Road. The stormwater management for it is a cooperative effort between them and the
property next door, the Gorilla, LLC. She pointed out the existing building and noted there are no
changes to any of the existing parcel. Only the back section of the property is included in this
conditional district simply because of the existing pond. Properties that are adjacent to this
proposal to the south will see no changes whatsoever other than the potential expansion of the
pond for additional capacity and volume for stormwater management. As far as the back property
line, the building is at least 108 feet from that residential boundary and the circular driveway
around it is in excess of sixty (60) feet from it. Ms. Wolf said there will be no removal of any of
the vegetation to the west of that drainage easement due to the presence of wetlands so there is a
good buffer there. The requirements in the zoning ordinance will mandate that the buffer be
supplemented if it is not already thick enough to be totally opaque. In conclusion, Ms. Wolf stated
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the staff had done an excellent job giving a synopsis of the comprehensive land use plan and its
consistency with the application. She offered to answer any questions board members may have.
In regard to Chairman Girardot’s inquiry regarding wetlands, Ms. Wolf explained the tree line
symbol on the site plan reflects an old wetland boundary which the applicants do not believe has
changed, but the wetlands consultants have visited the site and they have pretty much documented
that rough line still and are waiting for the Corps of Engineers to schedule their onsite review so
the applicant will be providing the staff with the actual determination. She noted they have been
conservative in the old delineation and are not developing anywhere near it so that will stay. Ms.
Wolf also confirmed that they would probably never see any kind of development at all in that
area and noted permitting of it generally wouldn’t be justified because it wouldn’t be maximum
avoidance since it’s at the back of the property.
In response to Paul Boney’s inquiry about whether the ponds would be expanded or would be
sufficient to handle the stormwater, Ms. Wolf stated she believed the pond would need to be
expanded, noting it is one formal pond with four bays and a basin. There is a spillway between a
formal wet pond. In response to Mr. Boney’s question regarding expanding the pond to the
northeast, Ms. Wolf stated she believed the pond would be expanded by boxing it out, but they
wouldn’t be encroaching into the wetlands for the purpose of expanding the pond. In response to
Mr. Boney’s inquiry regarding whether the expansion would affect any of the neighbors, Ms. Wolf
stated she didn’t believe so. Ms. Wolf also confirmed the east-west drainage easement is unusual
as it is documented on an old survey, but to the best of her knowledge, it is obsolete.
In response to Ernest Olds’ inquiry about the meaning and significance of the texture sh own on
the site plan, Ms. Wolf confirmed the text represents actual floodway where no development is
permitted, the scallop shape represents the edge of the wetlands, and the wetlands also has a grass
symbol. The floodplain, which is the AE zone, is represented by the flex symbol. She noted there
are wetlands that are not floodplain, but all of the floodplain is wetlands, and then there is a little
bit of floodplain that cuts across the corner of the building.
Mr. Olds stated that his first reaction looking at the parcel was that it’s an unfortunate shape, but
Ms. Wolf has done a good job doing what she can with it. He thinks it is very important to keep
the buffer solid and is happy to hear that’s the case because it does concern him butting up a
commercial use even at that distance to a residential use. He said that is definitely a positive. Mr.
Olds noted he was curious why the petitioner needed the parcel with the pond on it to be rezoned
as well and inquired if that parcel couldn’t stay in its existing zone. Ms. Wolf explained there is a
provision for putting ponds for commercial uses on residentially zoned property, but there are
some prescribed conditions. It has to do with ownership. She said it was a little precarious to set
up an association over residential property so they felt that under a conditional district scenario, it
just made sense housekeeping wise, etc. to finish all of these people’s property with the B-2 zoning,
but with the B-2 conditional district showing that there would be no development so there are
controls for both of the residential districts adjacent to it.
Mr. Olds asked how far the proposed one-story building would be from the closest residential
neighbor’s building structure. Ms. Wolf replied that from the structure to the property line is 108
feet and she would venture to say the structure is another 25 feet from the property line so it is a
substantial distance.
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Paul Boney asked for clarification that nothing could be built within the circled area in the future
regardless of the zoning or on that floodway so the applicant would basically be done with this site
under those scenarios. Ms. Wolf said everyone should keep in mind that the site is zoned straight
B-2 so she would suppose they could add on a little to the building there by-right, but that is the
extent of it if the setbacks and parking lot requirements could be met, but it couldn’t cross over the
conditional zoning line. Ms. Wolf confirmed Mr. Boney was correct that for the future the
applicant was maxing out what they can do with those two pieces of property, noting they would
be conditioning them away and couldn’t come back and do something else other than a small
addition to that building.
Allen Pope commented that Mr. Boney was correct to a point; however, anything can be changed,
but it would require a Corps of Engineers and Water Quality permit to do anything within that
delineated area on the parcel. Ms. Wolf added that any change would also have to come back
before the Planning Board for approval.
Chairman Girardot inquired how the maintenance of the access way would be handled and if the
applicant had held any discussions with the folks that are currently maintaining it. Steve Niemeyer
stated the applicants have spoken with Ron Hughes and John Hinrichs, the partners there, and they
will be entering into a joint maintenance agreement because they have a condition where they will
come through the Advance Auto property and that will be a shared agreement that they all do joint
and parcel as they come through.
Allen Pope asked if Mr. Hughes’ family also owns the Advance Auto. Mr. Niemeyer confirmed
that Mr. Hughes’ family also owns the Advance Auto parcel. He noted that John Hinrichs also
has access through that to the Gorilla, LLC as well and that is why they enjoined Mr. Hinrichs to
come in on this petition because it was for the group’s benefit since they are all friends and
neighbors and are also tenants of Mr. Hinrichs in that building, and are trying to build this other
building. Mr. Niemeyer stated the main reason they are requesting this rezoning is so they can
expand their air conditioning company back into this building.
Chairman Girardot opened the opposition portion of the hearing. Chairman Girardot confirmed the
board was in receipt of the emailed memo submitted by Mr. Danny Powell.
Danny Powell, of 5220 Carolina Beach Road, showed the board photos showing where his
property is located, noting he lives there and the property wasn’t bought for an investment. He said
he doesn’t plan to sell it, but maybe his offspring will sell it or develop it someday. Mr. Powell
stated he also lives with the expansion that has come with the development at Monkey Junction.
He said he doesn’t oppose development, but he does oppose it encroaching back further into the
residential areas. Mr. Powell stated he wouldn’t summarize all the things mentioned in his letter,
but he is opposed to the rezoning because of the increased noise, which is loud now, and the
increased traffic on the road, which is already grossly over congested. He commented that adding
any amount of traffic to the road is not going to be good. Mr. Powell also noted the additional
water runoff and the trash that ends up in Motts Creek, which is over overtaxed and floods almost
every other time it rains. He said it has been his experience with the B-2 that is there now that it is
maintained very poorly and noted there is trash all over the place. Mr. Powell said he has to drive
past that every day and he is not looking to experience any more of that. At the request of Chairman
Girardot, Mr. Powell pointed out where his home is located on the slide.
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Maggie Stewart stated she has lived at the property at 5208 Carolina Beach Road for fifteen years
and was not notified of this proposal. She was told by her landlord, Ron Hughes, that she could
live there as long as she wanted to. She learned about this proposal three days ago and was told
she would be given thirty days to get out. She is not in a position to move now. She reported there
is a feral cat colony on the property that she has taken care of for fifteen years. She has brought
the population down by spaying and neutering the cats through Friends and Felines and through
Salty Paws. She will have to relocate the cats or leave them there to die. It is not an option for her
to leave them there and she is devastated by this proposal. Her home is going to be torn down. She
is opposed to the rezoning, but she doesn’t want to hurt Ron Hughes as she has had a good landlord-
tenant relationship with him for fifteen years. Ms. Stewart stated her opposition to the rezoning is
that she is going to lose her home. She is trying to raise the funds to move and would like to have
some time to prepare and have someone let her know because it has obviously been in the planning
for a while.
In response to Chairman Girardot’s inquiry, Ms. Stewart confirmed she is leasing the property and
has done so for fifteen years. In response to Mr. Shipley’s inquiry regarding the status of her lease,
Ms. Stewart confirmed that she has a written lease and believes it is currently in place as an
addendum is put in place every year, but she usually signs for three years. She said she is not
opposing this rezoning in the sense that she doesn’t want this to happen. She understands Mr.
Hughes needs to sell this property because he is no longer physically able to maintain it so she
doesn’t want to do anything that would cause him harm. She just wants time to get her affairs in
order and find homes for the cats. One cat sanctuary in Rocky Point will take some of the cats and
she is reaching out to other animal rescue services to take the rest of them. She is unable to take
the cats with her. Mr. Hughes knew the feral cats were back there when she moved in and has been
fine with them. Ms. Stewart reiterated she is not opposed to the rezoning or to what Mr. Hughes is
doing to take care of himself and his family. She is just opposed to not being told about the proposal
and not being given enough time before she is evicted from the home she has lived in for fifteen
years.
Mr. Boney inquired how much time Ms. Stewart needed. Ms. Stewart replied she needed a few
months because thirty days isn’t enough. Mr. Boney asked if Ms. Stewart had discussed the issue
with her landlord since she became aware of the rezoning request. She noted she has spoken with
him and he apologized for not letting her know. Mr. Boney asked if her landlord indicated in any
way that he was willing to work with her. Ms. Stewart replied he said he would do what he could
to help her and she believes he will, but she hasn’t spoken to him since that time. Mr. Boney said
it was his intention to determine if Ms. Stewart has a lease, but it is not something the planning
board generally gets involved with. Ms. Stewart said she knew that. She wondered if that would
delay the rezoning because she knows the purchase of the property is contingent upon whether he
gets the rezoning. She guessed he was going to purchase the property as soon as he gets the
rezoning and she didn’t know what would happen after that.
During rebuttal, Cindee Wolf stated she was sorry there are issues with the existing owner of the
Gorilla, LLC facility. She commented as far as this new building, it is at a maximum distance from
his residential property and it is pretty well behind the other building; however, now that she has
seen where his house is, she can see how he could potentially see across the pond. She commented
there are requirements for buffer yards so buffer yards will have to be put in place. Ms. Wolf said
in regard to the rental arrangement, she wasn’t aware of it, but the applicant would prefer to go
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through this process, which won’t end until next month, and would be followed by the closing,
which generally takes another thirty to sixty days, and beyond that the permitting to actually break
ground usually takes three to four months. She said Mr. Niemeyer would likely make some
comments in regard to the maintenance and those types of things, but she thought something could
be worked out and it certainly wouldn’t be a thirty-day situation.
Mr. Niemeyer stated he had just spoken directly with Ms. Stewart during the meeting and noted it
is going to take the applicant a while from the time they get this rezoning approved to the time
they go through the closing, get financing, etc. and with their option with Mr. Hughes, they’ll go
on through the summer. He noted it would not be their intention to close until they get everything
lined up, bank financing, plans approved, etc. so it will be a while. Mr. Niemeyer said he told Ms.
Stewart they are going to give her some time. Their air conditioning/mold remediation company
is located close by so he goes by her house two or three times a day, five days a week. He sees the
cats and knows them and drives slow to avoid them. He commented they will work with her and
will also do what they can to help her relocate the cats because he likes animals and would like to
help if he can. Mr. Niemeyer said he has been dealing with Mr. Hughes on business matters for
twenty years and Mr. Hughes asked him to take this one on for him because of his situation. They
told Mr. Hughes they would try to get the property rezoned as this will help him and his family.
This is a local thing that they have been in together for a while and it is good for them and for Mr.
Hughes. He said they will try to work with Ms. Stewart for the good of the community, but he
would expect to break ground sometime in June and, hopefully, that will provide enough time to
get everything sorted out.
Mr. Niemeyer stated in regard to maintenance, that will be a shared issue between Ron Hughes or
his estate, and then John Hinrichs and them as they work through getting all the easements worked
out. Chairman Girardot stated Mr. Powell has concerns about noise and about the trash and those
are code issues, but she does have sympathy because in a county as small as ours, many of us are
having facilities next to us that we hadn’t anticipated. She inquired if they anticipate noise being
an issue for Mr. Powell. Ms. Wolf stated she does not anticipate noise being an issue simply
because these types of uses are pretty much 7:00 a.m. to 6:00 p.m. They are not night uses. She
noted there is a billiards business there so she is sure there is some noise and traffic at other hours
which the applicant has no control over with this building. The proposed building is a daylight
hours type of situation as most flex space is where people come to work and are gone after hours.
In response to Mr. Powell’s inquiry about what is going in the proposed facility, Ms. Wolf
explained that there is a limitation on what type of uses and users can be located in this conditional
district. Those uses are pretty much limited to professional offices, contractor’s offices, etc. and
she can provide Mr. Powell with that list. For example, there could not be any type of restaurant
or bar establishment, or recreation use. She noted that personal services are included but they will
be destination type uses, which operate during typical business hours.
Chairman Girardot said that according to the planning board package, the businesses proposed to
be allowed in that district are general building contractor, landscaping contractor, special trade
contractor, artisan manufacturing, warehousing, mini-warehousing, landscaping service, business
services including printing, personal services, government offices and buildings, professional
activities, and research facilities. As stated by Ms. Wolf, those types of uses are all usually
operational from 7:00 a.m. to 6:00 p.m.
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Mr. Niemeyer added that his partner, Jeff Stokley, owns the Costco center and the other ancillary
buildings on the outside and that he himself has developed most of the office buildings across from
Mayfaire, the Office Center, Newbridge Bank, Coldwell Banker, most of the office park there, and
many other office buildings. He has been developing in Wilmington for almost thirty years. They
take great pride in their properties and do what they can. Mr. Niemeyer stated that by scale, this is
a smaller project, but they always try to get along with their neighbors and do what they can to
make everything work out to the good of the community because they are community people. He
has lived here basically all of his adult life. Mr. Niemeyer said he can’t guarantee there won’t be
a rogue artisan in there making a pot late at night at 11:00 p.m., but he should be pretty quiet. They
are not going to encourage people to come in that will do rock bands or do other things like that
and those would not be people that they would typically lease to anyway. He said this is a property
that they want to have pride in. The reason they bought the property is because the facility that
they are currently in is substandard for what they are doing now so they are trying to upgrade and
get some additional space there for their business. He said they will be operating and managing
that business, as well as the building, and he hopes that will help address some of Mr. Powell’s
concerns.
Chairman Girardot inquired if board members had any other questions for the applicants.
Paul Boney stated he knows Ms. Wolf to be very creative and to care about what she does, and
inquired if to satisfy the neighbor’s concerns, the applicant had anything in mind for that buffer to
block the neighbor’s view of the building from his house across the ponds in addition to the
county’s requirements, for example, is there already a stand of trees that could be reinforced. Ms.
Wolf stated it certainly looks like there is already a stand of trees in place and there would have
been one required when they developed this property in the first place, plus obviously there is
some vegetation on his property. Mr. Boney wondered if there was something else the applicant
could do to help Mr. Powell, or if the applicant could agree to look at it and see if something can
be done to be a good neighbor and satisfy Mr. Powell’s concern. He wouldn’t require the applicant
to do something over and beyond, but it was a thought. Ms. Wolf explained that it will have to be
looked at regardless because there is a buffer requirement and when the plan goes through, it will
be reviewed by Linda Painter, the zoning compliance official. Mr. Niemeyer and Ms. Wolf
suggested some high growing, evergreen shrubbery.
David Weaver inquired about the possibility of putting a condition on the approval that there would
be no outside commercial activity, noting it didn’t look like there were any staging yards on this
area. Ms. Wolf stated there is a preclusion from having outdoor storage of materials so that
shouldn’t be a problem as there is no place to put them.
Mr. Niemeyer stated he would not want to disqualify himself from trucks, trailers, dump trucks
and things of that nature that they have to have, but he would not say that they would store lumber,
fencing, and things of that nature. He said they would need to be able to put vehicles and equipment
out there because that’s the nature of their business and he has the same business himself. Mr.
Niemeyer said if that’s okay, then that’s fine.
Mr. Weaver stated he would suggest a condition that there be no outside storage of materials or
outside manufacturing or assembly type things. Mr. Niemeyer replied that outside manufacturing,
storage, and assembly are okay, but in regard to material, sometimes a load of insulation comes in
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and is moved in and out that same day because it usually gets unloaded to go to a job in progress,
and he wouldn’t want to get tagged on an insulation load that was there for twenty-four hours. He
would be willing to say it couldn’t be there for two weeks, because usually that material comes in
and out, it gets unloaded and is going to the jobsite the next day because it has to.
Mr. Weaver said on the site plan he only sees the building and parking. Mr. Niemeyer said that is
correct because most of the stuff we do is put in, but sometimes there might be a trailer outside
that’s loaded with insulation that’s ready to go to a house the next day and then it is covered up
with a tarp in case of rain. He stated in that case, it would go out the next day, but it’s not going to
sit there for two weeks.
In response to Mr. Old’s inquiry, Mr. Niemeyer confirmed that currently about 5,000 feet of the
building will be occupied, but they have other ancillary businesses that they could bring over there
so it could be as much as 7,000.
Chairman Girardot closed the public hearing and entertained additional discussion or a motion.
Cindee Wolf confirmed the petitioner would like to proceed with a decision by the Planning Board.
Ernest Olds made a motion to recommend approval, as the Planning Board finds this application
for a zoning map amendment of 3.35 acres from R-15, Residential District, and B-2, Highway
Business District, to (CZD) B-2, Conditional Highway Business District, as described is:
1. Consistent with the purpose and intent of the 2016 Comprehensive Plan because the
proposed commercial and office uses are encouraged within the Urban Mixed Use place
type.
2. Reasonable and in the public interest because the proposal will promote business
success by expanding commercial area that contains similar uses.
Allen Pope seconded the motion. The Planning Board voted 6-0 to recommend approval of
Rezoning Request Z-967.
Technical Review Committee Report (December 2016)
Current Planner Brad Schuler reported the New Hanover County Technical Review Committee
met once during the month of December and reviewed two items.
The Covenant
Because this item pertains to the Z-966 application that was continued earlier in the evening,
he would delay the report on that item and provide details at the February 2017 planning
board meeting.
Rock Hill Subdivision
The TRC approved a 1-year extension on the proposed 37 lot subdivision that was originally
approved in December of 2014.
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Other Business
Chairman Girardot complimented staff on the new format, noting it very good, much more clear,
and simplified.
Planning & Land Use Director Chris O’Keefe stated that Mr. Schuler deserved the credit for
putting the new format together, moving it along, and getting it into the package. He thanked
Chairman Girardot for her comments and stated staff would welcome suggestions from board
members about anything they felt staff could portray more clearly.
Chairman Girardot asked board members to review the schedule for board members to serve as
the Planning Board representative at the 2017 County Commissioners meetings and notify staff of
any conflicts. Vice Chair Olds noted he wasn’t assigned a date and volunteered to serve as the
Planning Board representative at the August 21, 2017 County Commissioners meeting instead of
Mr. Pope. Vice Chair Olds added that he will be serving as the Planning Board representative at
the January 9, 2017 County Commissioners meeting.
Mr. Weaver reported based on a discussion he had with Chairman Girardot, Paul Boney, and Mr.
O’Keefe, he will prepare a list of questions that need to be addressed with regard to groundwater
and provide the list to staff for their input on the best way to address it.
With no other items of business, Chairman Girardot adjourned the meeting at 6:55 p.m.
Respectfully submitted,
______________________________________
Chris O’Keefe, Planning & Land Use Director