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HomeMy WebLinkAboutAPPROVED AUG 2019 MINUTESMINUTES ZONING BOARD OF ADJUSTMENT The New Hanover County Zoning Board of Adjustment held a regu lar and duly advertised meeting at 5:30 P. M. at the New Hanover County Government Center Complex,230 Government Center Drive, in the Lucie Harrell Conference Room, Wilmington, NC, on Tuesday, August 27, 2019. Members Present Members Absent Hank Adams, Vice- Cha irman Cameron Moore Brett Keeler Mark Nabell Richard Kern Ray Bray, Chairman Kristin Freeman Joe Miller Ex Officio Members Present Ken Vafier, Executive Secretary Sharon Huffman, County Attorney Linda Painter, Zoning Official Ron Meredith, Current Plan ner Denise Brown, Clerk Vice-Chairman Hank Adams explained that the Zoning Board is a quasi-.iudicial board appointed by the Board of Commissioners to consider zoning ordinance variances from residents in New Hanover County where special conditions would create unnecessary hardships. The Zoning Board also hears appeals of the County's interpretation in enforcement of the Zoning Ordinance. The appellants have thirty days in which to appeal any decision made by the Board to Superior Court. Vice-Chairman Adams inquired as to corrections to the July 27, 2019 minutes. Mr. Keeler made a motion to approve the July 27, 2019 minutes. Mr. Moore second the motion. The motion passed una nimously. cAsE zBA-940 Vice-Chairman Adams swore in County staff, Mr. Ken Vafier and Ms. Linda Painter. Ms. Painter presented an overview ofthe request, stating the petitioner, stroud Engineering, P.A., on behalfof Maritime West Development, LLC property owner, is requesting two variances related to the landscaping with 5 or more parking spaces or 2,500 square feet or more devoted to vehicular use. The street yard landscaping is required for new construction of principal structures or expansions to existing structures, or whenever additional off-street parking is required. The property is located on US Highway 421, approximately l-mile north of l-140 in the northern end of the county. The property is zoned l-2, Heavy lndustrial district. The applicant has provided a site plan which depicts an existing building to the northeast of the subject site. The applicant is proposing an additional seven buildings for storage. Ms. painter stated The New Hanover County Zoning ordinance requires one three-inch tree to be planted along the street right-of-way at every eighteen to be planted twenty-seven feet. The property has 863 linear feet of street frontage which t requires 31 deciduous or evergreen trees. A private utility easement on the subject site limits the mature height of plantings to 1.2 ft., which is a factor in obtaining the appropriate number of plantings for the project. The front utility easement on the site only allows plantings of shallow root systems. Ms. Painter stated with the referenced restrictions, the ability to adhere to the county's landscape in vegetation planting requirements are limited. The street yard landscaping requirement for this site is based on one tree for every 600 square feet of street yard area. lf under a power line, understory trees are allowed. However, there must be three plantings for every tree that is requ ired. Ms. Painter stated the street yard factor for l-2 zoning district is 25 ft. and vegetation should be planted between 12-37.5 ft. alongthefrontofthe property. Ms. Painter stated the project dimensions total 833 linearft. of street frontage. Using the calculation for street yard area, 20, 825 sf is required. Ms. Painter stated that the calculations affirmed the applicant would be required to provide 34.5 trees and 207.5 shrubs. The ca lculations for the site would differ to the restrictions of planting with the presence of the easement and power lines at the site. The applicant is proposing to plant half of the required vegetation; 52 under story trees and 104 shrubs, along the southern 2/3 of the property line. The northern side of the sub.iect site has the CFPUA easement which requires shallow rooting plants. The applicant proposes a three-foot berm with ornamental grass on the top, providing street yard vegetation as an alternate to the required street yard plantings. Ms. Painter presented an aerial photo ofthe subject site and adiacent area which consists of industrial businesses, signage and multiple easements on the site with no visible significant trees. Mr. Moore inquired as to the definition of an understory tree. Ms. Painter stated an understory tree can be described as a crepe myrtle tree as opposed to an oak or maple tree. Attorney Huffman stated in lieu of the applicant's request it may be useful in deciding factors if the board solicited testimony from the applicant and reference the four findings in the decision. The Vice- Chairman then swore in Mr. Luke Menius, Mr. Scott Gerow and Mr. Will Leonard. ML Luke Menius-Stroud Engineering, - Mr. Menius stated he proposed the site plan and based on the multiple constraints at the subiect site he request that the four findings listed on the submitted application be entered and reviewed by the board as they decide on the variances request. Mr. Menius stated the plan was presented to accommodate fire services as required by the state of NC. The property is located along Highway 421 and with the utility lines and easement it is difficult for the applicant to adhere to county ordinance requirements as well as the landscape requirements. The many easements on the site were granted by previous owners and cannot be relocated. Mr. Menius stated the subject site is surrounded by heavy industrial uses and has multiple utility and sewer lines. With the patchwork of easements that have been placed around the subject site it is difficult to adhere to the county's landscaping requirements as written. The easements and utility lines are not subject to relocation. The proposed landscaping plan will provide an attractive street frontage with plantings and ground coverings along the entire length. The landscaping internalto the pro.iect is consistent with the ordinance and will enhance the appearance of an existing parking lot and structure located on the site. Mr. Menius stated that substantial justice can be achieved by the implementation of this plan. Public health and safety will be best served by fully utilizing this industrial site for which it is zoned; significant infrastructure has been installed. 2 Newly constructed public water and sewer mains, a large existing driveway and an acceleration lane has been put in place to the area designed to support the continued growth to this corridor. Mr. Kern inquired as to the retention pond being a requirement. Mr. Menius stated NCDEQ requires the infiltration retention pond due to its high density and anticipated stormwater. M r. Moore inqu ired as to the width of the site. Mr. Menius stated they are providing the 25 ft. street yard width from the right-of-way to the back of the curb. The plantings are proposed to be about 2/3 of the northern area of the site. There is a CFPUA easement at the site whereby woody vegetation is not allowed within that easement area. Mr. Moore inquired ofthe berm area and is a parking lot required in that area of placement. Mr. Menius stated there are proposing a raised berm and approximately 2 ft. of ornamentalgrass to be planted at the site to offset in the street yard landscaping frontage requirements at the subject site. Ms. Painter stated that the west side of the subject site is a parking lot which is 50 ft. from the right- of- way Mr. Kern inquired of the proposed ornamental grass to the front being allowed Mr. Menius stated that to his knowledge, there is not an easement beyond the CFPUA easement although there may be some fiber optic presence adjacent to the site. The proposed grass plantings will be installed away from the property line to avoid easements and gas lines around the area to minimize additionaldigging at the site. Mr. Vafier inquired if the 52 understory trees and 104 shrubs suggestion could be accommodated by the applicant. Mr. Vafier stated that if the board decides to choose in favor of both variances to include specifics on the variance request and street yard variance request for clarity. Mr. Menius stated they are confident that they can plant the suggested vegetation referenced today at the site. Mr. Moore inquired as to the proposed plantings at the site. Mr. Menius stated there are restrictions on plantings, thus they are proposing crepe myrtles for low trees for the site. Mr. Keeler inquired ofthe size requirements ofthe understory trees. M r. Menius stated the height of the proposed trees should not be taller than 6-8 ft. per county requirements. PUBLIC HEARING CLOSED. BOARD DISCUSSION: Mr. Keeler stated he is typically not in favor of altering the landscaping requirements in granting variances, however this site presents a unique corridor and long frontage area site. Vice-Chairman Adams stated the fire lane requirements presents a hardship for the applicant. Ms. Huffman suggested the board refer to page 1 presented in the staff summary in making their variance decision. 3 M r. Keller made a motion to approve the variance from the pa rking and pla ntings requirement per Section 62.1-5(2)(A) in the street yard plantings requirements per Section 62.1-10(2)(4) of the New Hanover County Zoning ordinance with conditions: A. Approved variance from the parking lot perimeter to plant 32 deciduous or evergreen trees required per Section 62.1-5(2XA) of the ordinance. The applicant will be required to plant ornamental greases on a raised berm in lieu of the parking lot perimeter requirements. Mr. Keller stated this motion is made in accordance with the four findings of fact and in agreement with the testimony presented by the applicant. The motion was unanimously approved All ayes to the motion presented OTHER BUSINESS: Mr. Moore stated there may be a high number of cases on next month's docket regarding tree standards and request members continue in quorum for ongoing meetings. BOARD DECISION: On a motion by Mr. Brett Keeler and seconded by Mr. Cameron Moore, the board voted 5-0 to grant the variance at 4320 US Highway 421 North, Wilmington NC. 1. lt is the Board's conclusion that, if the applicant complies with the literal terms of the ordinance, specifically the parking lot perimeter planting requirements in Section 62.1-5(2)(A) and the street yard planting requirements in Section 62.1-10(2)(A) of the New Hanover Cou nty Zoning Ordinance, that an unnecessary hardship would result. This conclusion is based on the following FINDINGS OF FACT: The shifting of site improvements to accommodate the required plantings wou ld provide inadequate area for loading to support warehouse uses. Required area for fire apparatus could not be provided if the site improvements were shifted further back on the site. Pre-existing utilities underground, at grade and overhead to support industrial uses in this area of the County, significantly encumbers the site frontage in those areas where required landscaping would normally be planted. B. A variance from the required 104 understory trees and 208 shrubs from the ordinance, that would be required to satisfy the street yard landscaping requirements per Section 62.1-10(2)(A) of the New Hanover County Zoning ordinance. The applicant plants 52 understory trees and 104 shrubs in orderto provide half of the required street yard plantings although this number is not based on being half. The Board's decision was based on the following conclusions and findings offact: 2. lt is the Board's conclusion that the hardship of which the applicant complains results from unique circumstances related to the subject property, such as location, size, or topography. This conclusion is based on the following FINDINGS OF FACT: 4 3. lt is the Board's conclusion that the hardship did not resu lt from actions taken by the a pplica nt or the property owner. This conclusion is based on the following FINDINGS OF FACT: The easements were granted by a previous owner. The current owner has no ability to amend the existing easements or relocate the utilities 4. lt is the Board's conclusion, that if granted, the variance will be consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved. This conclusion is based on the following FACTS OF FINDING: The proposed landscaping will provide an attractive property frontage. The proposed internal landscaping is in compliance with the Zoning Ordinance. Public health and safety will be best served by fully utilizing this site with an approved use in the l-2 zoning district. MEETING ADJOURNED. Please note the minutes are not a verbatim record of the proceedings. Executive Secretary DATE:7 ch an 5 r[- l^-_-t-