HomeMy WebLinkAboutZ-518, 01-1995STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
IN A CONDITIONAL USE ZONING DISTRICT
The County Commissioners for New Hanover County having held a public hearing
on to consider application No. Z-518 submitted by Landmark, a request for a Special Use Permit in
a Conditional Use Zoning District to use the property located on North College Road, and having
heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF
FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements
set forth in Section 71-1(3) and 72 of the County Zoning Ordinance WILL be satisfied if the property
is developed in accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy
the first general requirement listed in the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and developed according to the plan as
submitted and approved. In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. The site is located in the Wrightsboro VFD District.
B. The site has a 10,000 gpd allocation for County sewer. Water will be provided by
private sources.
C. The site has access to N. College Road and Farley Drive, all state -maintained roads.
D. Industries which create excessive smoke, airborne debris, dust and other obnoxious
discharges are not permitted.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy
the second general requirement listed in the Ordinance; namely that the use meets all required
conditions and specifications. In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. A site plan per requirements of the conditional use zoning process has been submitted.
B. Setbacks and buffering standards equal or exceed the minimum standards required for
these types of uses.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy
the third general requirement listed in the Ordinance; namely that the use will not substantially injure
the value of adjoining or abutting property, or that the use is a public necessity. In support of this
conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The applicant proposes to establish a minimum 50' foot buffer around the project
except where the site fronts S. College Road and the shopping center property.
B. The applicant proposes to limit building heights to 35'.
C. The applicant also proposes to establish restrictive covenants controlling architectural
design of buildings, the placement of outside storage, the location of dumpsters and
loading areas, and the orientation of outside lighting.
D. Access points will be limited.
5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy
the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The site is located in close proximity to the New Hanover County International
Airport and is adjacent to a mid -sized strip commercial center. The site is also
traversed by a 170' wide overhead electric utility easement.
6. Therefore, because the County Commissioners conclude that all of the general and
specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT
IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED
subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use, as well as any additional conditions hereinafter
stated.
B. If any of the conditions imposed by this special use permit shall be held invalid beyond
the authority of this Board of Commissioners by a court of competent jurisdiction,
then this permit shall become void and of no effect.
C. 1) Other: All other applicable federal, state and local laws.
2) Items 1-7 outlined on the site plan.
Ordered this 6th day of February, 1995.
Attes
. 44A�'
Robert G. Greer, Chairman
C k to the Board
N�
Affirmation this day of , 1995.
Applicant
NEW HAND VER COUN I Y PLANNING
APPUCATIiON FORM
PLEASE, READ THOROUGHLY BEFORE COMPLETING
STAFF USE ON, Y ............:... ....:..
Name of Petitioner
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PP.
Landmark Developers Inc
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-
Petitioner's Phone No. Date
' Address of PcljtiC yr Zip Code
392-7201 10/31/94
P.O. Box 4lL Wilmington, NC 28406
Name of Property Owner (if different than
Address of Property Owner
Petitioner) J.R. Reaves
P.O. Box 2084 Wilmington, NC 28402
Phillip Owensby
2016 Farley Dr. Wilmington, NC 28405
LocatNo ofKe r rWve & College Rd
Tax Map 34
Block 03
Parcel 11
Area of ProWty Sq. ft.
63..E Acres
7T
Existing Zoning
A—R & R-15
Land Classification
Urban Transition
®
Existing Use of Property
Proposed Conditional Use Zo i nd L d Uses
3�1% �cs I-1=1
Undeveloped
B-2 22.7 Acs I-1 onvention�al
PETITION FOR CONDITIONAL USE
ZONING DISTRICT CLASSIFICATION
Petitions must be reviewed by the Planning Department for completeness prior to acceptance. For Petitions involving
five (5) acres or less a fee of S100.00 will be charged; for those of more than five (5) acres a fee of S200.00 will be charged.
This fee, payable to New Hanover County, MUST accompany this petition.
The following supplemental information is required:
1. Copy of the New Hanover County Tax Map which delineates the property requested for rezoning to Conditional
Use.
2. Legal dcsription (by metes and bounds) of property; or a,
3. Copy of the subdivision plat which delineates the property; and,
4. A site plan in accordance with Section 59.7-3(2) of the Zoning Ordinance.
Petitions for Conditional Use zoning are first referred to the New Hanover County Planning Board and then acted upon
by the New Hanover Board of County Commissioners.
Petitions and supplementary information must be received in the office of the Planning Department twenty (20)
working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the
North Carolina General Statutes.
Planning Board meetings are held at 7:30 PM in the Assembly Room of the County Administration Building, at
Fourth and Chestnut Streets, Wilmington, North Carolina, on the first Thursday of each month.
If the Planning Board approves your petition, the request will automatically be referred to the Board of Commission-
ers. If your petition is denied, you may appeal to the Board of Commissioners. The Planning Department can advise you
regarding appeal procedures.
Uses and Development Requirements: Within a Conditional Use District, no use is allowed except by Special Use
Permit. The Permit may specify additional conditions and requirements which represent greater restrictions on development
and use of the tract than the corresponding General Use District regulations, or other limitations on land which may be
regulated by state law or local ordinance. Such conditions and requirements shall not specify ownership status, race, religion,
character or other exclusionary characteristic of occupant, shall be objective, specific and detailed to the extent necessary to
accomplish their purpose, and shall relate rationally to making the Permit compatible with the New Hanover County Land Use
Plan, the requirements for a Special Use Permit and other pertinent requirements of the Zoning Ordinance, and to securing the
public health, safety, morals, and welfare.
FX0
No
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAPS OF ZONING AREAS NO. 8B and AIRPORT
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED DULY 1, 1972 AND OCTOBER 4, 1976
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Maps of Zoning Areas No. 8B and Airport are hereby amended by
removing the hereinafter described tracts from the R-15 Residential and AR Airport Residential
Zoning District Classifications and placing them in the Conditional Use B-1, B-2 and I -I Industrial
Zoning District Classifications, said lands being described as follows:
CD(B-1) Begin at the point where the centerline of a proposed 50 ft right-of-way (private)
intersects the west right-of-way line of N.C. Highway 132; thence South 18 degrees 21
minutes east a distance of 500 feet; thence south 71 degrees 38 minutes West a distance of
110.00 feet; thence North 78 degrees 22 minutes West a distance of 370.00 feet; thence
North 75 degrees 22 minutes West a distance of 400.00 feet; thence south 29 degrees 38
minutes West a distance of 583.00 feet; thence North 78 degrees 22 minutes West a distance
of 160.00 feet; thence North 11 degrees 3 8 minutes East a distance of 96 1. 00 feet to the
centerline of the proposed 50 foot right-of-way (private); thence along the centerline South
73 degrees 22 minutes East a distance of 631.00 feet; thence along the centerline as it curves
to the left North 89 degrees 08 minutes East a distance of 210.00 feet; thence along the
centerline North 71 degrees 38 minutes East a distance of 140.00 feet to the Beginning
containing 13.2 acres (approximate).
CD(I-1) Begin at the southwest corner of the proposed B-1 zoning parcel shown on
"Murrayville Station Zoning Request", thence along and with the east line of North Kerr
Avenue North 62 degrees 38 minutes East a distance of 980.00 feet; thence along and with
the east line of North Kerr Avenue as it curves to the left North 15 degrees 11 minutes East
a distance of 795.00 feet; thence leaving said east line of North Kerr Avenue North 32
degrees 38 minutes East a distance of 70.00 feet; thence south 57 degrees 22 minutes east
a distance of 230.00 feet; thence North 32 degrees 38 minutes East a distance of 250.00 feet;
thence North 57 degrees 22 minutes West a distance of 50.00 feet; thence North 32 degrees
38 minutes East a distance of 392.47 feet; thence South 43 degrees 22 minutes East a
distance of 139.00 feet; thence South 23 degrees 22 minutes East a distance of 370 feet;
thence South 11 degrees 38 minutes West a distance of 1,629.00 feet; thence North 78
degrees 22 minutes West a distance of 1,560.00 feet to the Beginning containing 33.6 acres
(approximate).
CD(B-2) Begin at the point where the centerline of a proposed 50 foot right-of-way (private)
is intersected by the west right-of-way line of N.C. Highway 132; thence along the centerline
of the proposed right-of-way South 71 degrees 38 minutes West a distance of 140.00 feet;
thence along the centerline of the proposed right-of-way as it curves to the right South 89
degrees 08 minutes West a distance of 210.00 feet; thence along the centerline of the
proposed right-of-way North 73 degrees 22 feet West a distance of 631.00 feet; thence
leaving said centerline of proposed private road North 11 degrees 38 minutes East a distance
of 317.00 feet; thence South 78 degrees 22 minutes East a distance of 160.00 feet; thence
North 71 degrees 38 minutes East a distance of 560.00 feet; thence along and with the West
right-of-way line of N.C. 132 South 18 degrees 22 minutes East a distance of 620.00 feet to
the Beginning containing 9.1 acres (approximate).
Section 2. The County Clerk is hereby authorized and directed under the supervision of the
County Commissioners to change the Zoning Maps of Zoning Areas No. 8B and Airport on file in
the office of the County Commissioners, so as to make it comply with this ordinance.
Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full
force and effect from and after its adoption.
Adopted the 6th day of February, 1995.
Robert G. Greer, Chairman
64ork to the Board
R15 REZONING REQUEST
MLSON G CERY-S
avartan Lane
i • a Z-518 / R15 & AR to CD(B2) & (1-1)
Gy
--- 7 � December, 1994
S G CENTER
MUR LE P ,� � � Scale: 1 „-400,
y
N
S/83 D • 2/M !y / A. Carl E. Pridgen
B. Elizabeth Blake
i y C. Phillip Owensby
E _ 4z- D. Wilmington Holding Corporation
00 C �� E. Wilmington Holding Corporation
B F. Wilmington Holding Corporation
y S G. Mittie Raeves Todd Hrs
A 4 n H. Jerry & Rita Raynor
NN S Q I. Michael & Teresa Salmon
< J. Todd & Catherine Faies
4 � K. Robert & Mary Fry
F
AR �l L. Ricky & Frances Phillips
j G �0 M. Philip & Barbara Blandine
MM '�O N. Jerry Wayne James
_ O. James Scott
P. Denis & Joey Adkins
0 R 15 Q. Guy & Machiko Davis
_ R. Louise McRae
�— S. David & Helen Nesbitt
K T. Mary Murray
U. Patricia Forte
JJ — V. Robert & Eleanor Craddock
W. Terry Wilkemon
HH 0 _ �- X. Glenn & Grace Avery
GG �`Y. Deborah Ballard
FF P4 Z. Ronald & Sheila Dougherty
O N M t AA. Ronald & Annie Hall
L K BB. William Butler
��r P u e J i H I CC. Louis Laino
DD. Gary & Nei Chestnut
AA 38Q a EE. Bobby & Venita Fore
---- FF. Joseph & K'athy Smith
Z GG. Donald Mad owe
Y X R Q • HH. NHCO Tax Administrator
_ V
p� II. NHCO Tax Administrator
T S W JJ. NHCO Tax Administrator
W V U o0 ue R KK. Bobby & Judy Brown
LL. Lenora Sivertsen
MM. Harold Sivertsen
L- NN. David & Sharon Herring
as gel 8-1 8 00. Lucille Batson
is
Item A
Case:
Request:
Land Area:
Location:
APPROVED
CGUTN 1/COIrllrIISS!
Z-518, 12/94; Continued Item Date_al� 55 9a-m
2", q'ny. . -4sM�i 2evi's.if Si1c P/G....
R-15 and RA to CD(B-2) and CD(I-1), Business anc�
Light Industrial
62.5 acres; 22.7 for CD(B-2), 39.8 for CD(I-1)
Between N. Kerr Avenue and N. College Road
(NOTE: The Commissioners first considered this item at its January
3, 1995 meeting. Neighborhood concerns with access to N. Kerr
Avenue and the impacts that would be created led the Commissioners
to decide that site plan revisions were needed. Accordingly, they
voted to delay a decision until its February meeting and instructed
the applicant to revise the plan.)
Planning Board Summary
The Planning Board voted to rezone the property with several
modifications and the imposition of numerous design conditions.
They are as follows:
a. Rezone lots 2 thru 4 and 14 thru 27 and the cemetery parcel to
Conditional Use I-1, excluding however the triangular area in
the southwest perimeter of lot 21 and the northwest perimeter of
lot 26,
b. Rezone lots 10 thru 13 and the detention pond area to
Conditional Use B-1, excluding a small triangular area adjacent
to Parcel H owned by Jerry Raynor,
c. Establish a minimum 75 foot buffer along the east side of N.
Kerr Avenue adjacent to lots 21 thru 26,
d. Limit the building height of buildings along the N. Kerr Avenue
road frontage to two stories or 30 feet,
e. Exclude the following uses for eligibility from the I-1 District
portion of the project:
-adult entertainment establishments
-septic tank services
-dry cleaning plants
-noise sensitive uses
-buildings used primarily as places of assembly, such as
schools, churches, day care services and related uses
f. No manufacturing activities shall be permitted on lots 21 thru
26 until a separate special use permit has been obtained,
g. All signage comply with the Special Highway Overlay District
standards for area and height,
i. Turning lanes be required along for.the N. Kerr Avenue entrance
subject to NCDOT design standards,
j. The cemetery be preserved as a separate parcel and appropriate
access be granted the caretakers or future owners as applicable.
A number of residents from Farmington Subdivision, which is located
on the west side of N. Kerr Avenue across the street from the
project, spoke in opposition to the plan. They pointed out that
the planned industrial development would drive down their property
values, increase traffic hazards in an area already suffering
severe congestion, and possibly create health risks by introducing
the handling of hazardous materials, flammable and combustible
products and related materials in close proximity to residential
uses. An attorney retained by one of the neighbors offered similar
arguments. He also argued that the site plan as submitted was
insufficient because exact land uses planned for each lot were not
illustrated.
The modifications and conditions imposed by the Planning Board and
generally agreed to by the applicant reduced some of the
opposition. It should be noted however several residents still
oppose the plan as long as access is permitted to N. Kerr Avenue.
Planning Staff Summary
This property is located in the southwest corner of a mid -sized
commercial node formed by the intersection of NC 132, Murrayville
Road and Bavarian Lane. A wide variety of retail, business and
personal services can be found there. The largest of the tenants in
the node are grocery stores. All four corners of the intersection
are currently developed and very little undeveloped commercially
zoned property is available. Commercial land in the node is zoned
primarily B-2 Business. An attempt to rezone the AR zoned part of
the tract to R-15 was denied by the County in 1991.
The property is classified Urban Transition. This classification
encourages more intense urban development subject to provision of
public services. County sewer is available, however, due to
treatment capacity limitations, the applicant has been assigned an
allocation of only 10,000 gallons per day. Water services would be
provided by a private community system or on -site wells.
Commercial Policies for Growth and Development encourage sites to
be clustered along major roads at or very near intersections formed
by other major roads. Strip commercial development and
encroachment into residential areas is discouraged. Industrial
Policies for Growth and Development encourage sites that promote
land use compatibility between the commercial and residential
sectors as well as the local environment. Also, the policies
promote industrial diversification and the attraction of industries
to encourage the upward mobility of low and moderate income
persons.
Land use in the area, coupled with on -site impediments lends some
justification for the conversion of this land to some form of non-
residential use. - The site is southof and adjacent to the
Murrayville Post Shopping Center, a well established strip center.
Also, the site is traversed by a 170' wide overhead electric
utility easement, reducing but not necessarily eliminating the
general appeal for residential lots there. Another significant
deterrent is the site's proximity to the New Hanover County
International Airport. The continued growth of the facility will
bring increased air pollution and noise, as well as greater safety
risks for nearby dwellings. The Airport Residential classification
limits the density one acre lots.
A major concern posed by the petition is how well adjoining
residential projects, including Brierwood to the south and
Farmington to the west, will be protected from development
ordinarily considered incompatible with residential uses.
Buffering, extended setbacks and other design measures will help
some. Also, restrictive covenants are planned that will govern the
architectural appearance of buildings, lighting, and the location
of outside storage and other items such as dumpsters.
Site Plan Summary
As noted, the applicant seeks to establish two distinct conditional
use districts: one for industrial use.and one for business use.
1. The site consists of 62.5 acres--22.7 acres is proposed for
conditional use business and 39.8 acres for conditional use
industrial. The site would be subdivided into 27 lots ranging
in size from one to two acres.
2. There would be 8 business lots and 19 industrial lots.
3. Access to the site and through the site would be by newly
constructed private roads connecting N. College Road with N.
Kerr Avenue. Turn lanes and acceleration lanes will be
installed per NCDOT requirements.
4. Setbacks shall be in accordance with existing standards,
except that the site plan calls for the establishment of a
minimum 50' setback/buffer along the site's entire perimeter
excluding the N. College Road frontage and the area adjacent
to the existing B-2 District to the north. No building is
projected to exceed 35' feet in height.
5. The site plan provides general details concerning construction
timetables, traffic impacts, on -site vegetation and drainage.
Special Use Permit: Preliminary Staff Findings
1. The Board must find that the use will not materially endanger
the public health or safety if located where proposed and developed
according to the plan as submitted and approved.
a. The site is located in the Wrightsboro VFD District.
b. The site has a 10,000 gpd allocation for County sewer. Water
will be provided by private sources.
C. The site has access to three separate state -maintained roads.
d. Industries which create excessive smoke, airborne debris, dust
and other obnoxious discharges are not permitted.
2. The Board must find that the use meets all required conditions
And specifications of the Zoning Ordinance.
a. A site plan per requirements of the conditional use zoning
process has been submitted.
b. Setbacks and buffering standards equal or exceed the minimum
standards required for these types of uses.
3. The Board must find that the use will not substantially injure
the value of adjoining or abutting property or that the use is a
public necessity.
a. The applicant proposes to establish a minimum 50' foot buffer
around the project except where the site fronts S. College
Road and abuts the shopping center property.
b. The applicant proposed to limit building heights to 351.
C. The applicant also proposes to establish restrictive covenants
controlling architectural design of buildings, the placement
of outside storage, the location of dumpsters and loading
areas, and the orientation of outside lighting.
d. Access points will be limited.
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 plan of development for New Hanover County.
a. The site is located in close proximity to the New Hanover
County International Airport and is adjacent to a mid -sized
strip commercial center. The site is also traversed by a 170'
wide overhead electric utility easement.
The establishment of a conditional use district must be consistent
with the policies set forth in the Land Use Plan. Also, the
conditional use plan must set forth a design that promotes
transitional use activities which protect dissimilar uses that abut
or are near the site. The proposed plan is generally consistent
with the Land Use Plan. However, Staff recommends that the area
adjacent to Brierwood Subdivision and the planned access road be
classified CD (O-I) instead of B-2. This would allow a better
transition to the commercial properties to the north.. Staff also
recommends that signage on NC 132, N. Kerr Avenue and Farley Road
be limited to the same standard as required in the Special Highway
Overlay District.
It is difficult to project the ultimate impact the project will
have on the local traffic situation. Whatever is developed there,
the level of existing congestion will certainly increase,
especially during peak periods.
PETITION SUMMARY SKEET
Petition Number: Z-518, 12/94 -
Qwner:
J. Reeves Representative: Landmark Devel ewers
Request: AR & R-15 to CD (B- 2) & CD (IAJ�eage. 62.5
Tax ID Number:
3400-003-001 Location: N College N. Korr
LAND USE12CNINC, UTILITIES and SERVICES
Land Classification•. urban Transition
Existing Land Use: Vacant
Zoning History: Area oriainally zoned Tull
Part of site zoned B-2 November 1991� Par�•of site reaLese fnr-15
November 1991 but denied-
Community_ Sumer Type - �in-Fv -
Water Type: _. - - -
wrightsboro &U: Trask
Fire District:
NC132, N. Kerr, Farley R47(gaOt: N Kerr 6800 nnT (1993 ct)
RoadAcce": N. College 16,100 ADT (1993 ct)
School District: Johnson K-5
MISCELLANEOUS PHYSICAL CHARACTERISTICS
Watershed and'Water Quality Classification.
Smith
Aquifer Recharge Area: Transition between Primary and Secondary Area
None
Conservation Resources:
Historic Landmarks and Archeological Sites:
Soil Types) and Class: Primarily Baymeade (Be) and acre
Septic Tank Suitability: Class IT
Prime Agricultural Soils: None
Building Suitability:
Ref: Conditional Use Zoning Petition Site Plan Project Narrative
- Total project area is 62.5 acres. Of this total 22.7 acres is
proposed as Conditional B-2 and 39.8 acres is proposed as
Conditional I-1.
- The project concept includes 27 lots which vary in size from 1
to 2 acres.
Based on stormwater criteria the impervious area per lot
(structures, parking, etc.) shall not exceed 600.
The type of structures and square footage are variable. The
height of the buildings shall not exceed 351.
Setbacks will be in accordance with I-1 and B-2 requirements.
A 50' front ;yard shall be maintained on all lots exclusive of
the SHOD zone, which shall be 1001. For the B-2 portion, rear
yards shall be calculated based on the building height X 3.73.
Similarly side yards but with a multiplier of 2.75. The I-1
portion shall have rear yards calculated based on the building
height X 4.33 with a side yard multiplier of 3.08.
A 50' minimum buffer will be required adjacent to all
residential areas regardless of current use. As with setbacks
the buffer widths will vary from 50' minimum to 76' maximum.
- The Development Schedule will involve site improvements for a
private road and building construction for leased units.
Infrastructure improvements include water, sewer, stormwater,
and paving.
Design and permit acquisition will take about 6 months. Site
improvements will take about 2 months. Building construction
for the entire site is anticipated at 5 years.
- Three points of ingress/egress are provided. Turn lanes and
acceleration lanes will be installed in accordance with NCDOT
as required.
Trip Generation rates were evaluated on the basis of General
Light Industrial. Average weekday vehicle trips on a per acre
basis for buildings ranging in size from 21,000 SF to 328,000
SF is 52. (Based on impervious limits buildings are estimated
to average 24,000 SF)
Trip Generation rates for the B-2 portion were evaluated based
on a shopping center. Centers with less than 50,000 GSF
generate 118 trips per 1,000 GSF of leased area. (Based on
impervious limits buildings are estimated to average 22,000
SF.)
- Site vegetation is a mixed stand of Longleaf Pines and Turkey
Oaks. The B-2 portion has been timbered and vegetation
appears about 5 years old. The remaining tract consists of
older vegetation about 20 years old.
REF: Conditional Use Zoning Petition
1. How would the requested change be consistent with the County's
Policies for Growth and Development?
The property is adjacent to a major arterial (Highway 132) and
along a collector road (North Kerr Ave.). A regional shopping
center, zoned B-2, adjoins the property along its northeast
quadrant.
In accordance with the 1993 Commercial Development Policy,
"Commercial development projects shall be encouraged to locate in
designated commercial nodes which already contain public
services, including transportation, required by the projects, or
in areas in which the needed services are readily available."
The proposed B-2 area would expand an existing commercial node in
an area where services are available.
Similarly the Industrial Development Policy states "the City and
County shall encourage land use compatibility between the new
industrial sector and the residential and commercial sectors."
Establishing an I-1 Conditional Use District supports this
philosophy.
2. How would the requested Conditional Use District be consistent
with the property's classification on the County's Land
Classification Map?
The Land Classification map defines the project area as Urban
Transition. "The purpose of the Urban Transition classification
is to provide for future intensive urban development on lands
that have been or will be provided with necessary urban
services."
The Implementation Measures outlined in the 1993 Growth &
Development Plan infer that Urban Transition areas, i.e.
transportation, public services, are appropriate areas for
commercial and light industrial areas.
3. What significant neighborhood changes have occurred to make
the original zoning inappropriate, or how is the land involved
unsuitable for the uses permitted under the existing zoning?
The most notable neighborhood change includes the completion of
U.S. Interstate 40 and establishment of a Special Highway Overlay
District within the presently zoned R-15 area. The proximity of
two major highways (Hwy 132 and I-40) make this site less
desirable from a residential perspective.
In addition the New Hanover County Airport plans to extend its
eastern runway to accomodate precision approach landings. Flight
approach layouts indicate that the project site
is within this approach corridor and that airplanes would be at
an approximate elevation of 182' MSL. This also makes it
undesirable from a residential perspective.
4. List proposed conditions and restrictions that would mitigate
the impacts of the proposed use.
BUFFERS
1. In respect to buffers, we will provide a 50' minimum
buffer adjacent to residential property areas regardless of
whether a "residential use" is in place or whether it is a
side yard. (Generally side yards require less buffer)
2. Increase the buffer depth adjacent to the Briarwood
residential area by 20' through the addition of a drainage
easement adjacent to the buffer.
DRAINAGE
1. The site will be designed with a central pond as required by
State regulations with a controlled discharge rate.
TRAFFIC
1. Provide multiple entrance/exits to distribute traffic flow.
2. Provide right turn lane and acceleration lane off the
Highway 132 entrance if permitted by NCDOT.
3. Locate Kerr Avenue entrance sufficient distance from curve
(visibility) and Farley intersection.
FACILITY OPERATIONS/AESTHETICS
1. The existing cemetery and accessway will remain undisturbed.
2. Restrictive Covenants will be recorded which govern
Architectural appearance (building styles & materials).
3. The following uses in rear and side yards shall be shielded
from view from the property line of the residential use by
means of a 1000 opaque screening:
-dumpsters
-outside storage areas
-loading/unloading areas
4. Outside light fixtures shall be shielded in such a manner
that light from the fixture will not directly radiate into
the residential use buffer strip or beyond.
5. The maximum building height will be 351.
6. Industrial uses which create excessive smoke, dust or
airborne debris are expressly excluded from I-1 districts.
This will address the special requirements pertaining to
visual hazards within the airport district.
Ref: Special Use Permit
General Requirement #1
The Board must find "that the use will not materially endanger
the public health or safety if located where proposed and
developed according to the plan as submitted and approved."
Statement by Applicant:
Public health and safety has been considered through Conditional
Use provisions which address buffers, drainage, traffic and
facility operations.
General Requirement #2
The Board must find "that the use meets all required conditions
and specifications" of the Zoning Ordinance."
Statement by Applicant:
The proposed uses will meet all the dimensional requirements
applicable to the B-2 and I-1 zoning districts. In addition the
special requirements of the Airport District have been
incorporated into the Conditional Use Permit.
General Requirement #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."
Statement by Applicant:
The adjoining commercial property will most likely benefit.
Adjoining residential properties will be buffered with a minimum
50' buffer. Water and sewer services will be available as a
result of this project. Infrastructure improvements increase
property values.
General Requirement #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."
Statement by Applicant:
The plan of development for New Hanover County (1993) recognizes
that future land use needs for Office and Institutional,
Commercial, Transportation, Utilities & Communications and
Industrial will increase 30%, 27%, 54%, and 64% respectively by
the year 2020. It also states that intensive development is
expected to occur east of the airport. This project will conform
with the development plan and be in harmony with an established
commercial node.
NEW HANOVER COUNTY
PLANNING DEPARTMENT
320 CHESTNUT STREET, ROOM 403
WILMINGTON, NORTH CAROLINA 28401-4027
TELEPHONE (910) 341-7165
DEXTERL.HAYES
Planning Director
January 5, 1995
Mr. Chris Stephens
P.O. Box 4127
Wilmington, NC 28406
RE: Z-518, 12/94; Conditional Use Rezoning
Dear Mr. Stephens:
The New Hanover County Board of Commissioners in regular session on January 3, 1995
voted to continue action on your conditional use rezoning petition for land between N. College
Road and N. Kerr Avenue.
Based on their directive, the existing site plan should be revised to eliminate access to N.
Kerr Avenue as currently shown. Also, they suggest that an alternative access be considered,
preferably to Gordon Road which is south of the property.
No specific timetable was set for resubmitting the revised plan; therefore, resubmission is
entirely at your discretion. However, failure to resubmit a revised plan would result in denial of
the current plan.
If you have any questions, please let me know.
Sincerely,
Walter Avery, Jr.
Senior Planner
cc: Clerk to the Board
e
Case
Request For
Received By
Property Posted
DatW
Approved A&AeQnested-_J—
proved wth Modihc ns
Town,
ril I
Location ' Ce`—�'---=��/ \
Hearing Set For Z
Notices Mailed — < t %�
ate
Applicant (--}
Adjoining Property ( '�
PLANNING BOARD'S RECOMMENDATIONS
Denied ( ) Tabled ( ►
.: ommendations Sent to Commissioners
Hearing Set For
Action by Commissioners
Results:
Approved ( )
roved with Modifications
S ' Z- 9D
�— Date
2 6�
Date
Denied ' )
Tabled ( )
�QVCR trlr�U
Rezoning File Checklist
File # Z i�
E Board Order
C"' Site Plan (if applicable to conditional requests)
Q" Staff Reports (Board of Commissioners, Planning Board)
L' Application and Supplemental Materials
®/ Correspondence
Z/ Legal Documents (public notices, hearing sign -in sheets, etc)
❑ Project Notes
Other pertinent documents
IN E W HANOVER COUNTY PLANNING
APPLICATION FOR?,
PLEASE READ THOROUGHLY BEFORE COMPLETING
- i_.
_ STAF :<:US.ONEI!.>::>_;:>:::>::<>::::>::<:::.>.>:>::<::<:::::::::>:<:.»:
F
Name of Applicant 4jiplicat�on Nor
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Landmark Developers,Inc
m
Applicant's Phone No. Date 1 Address of Applicant �I, Q,0 X 2-7 Zip Code
392-7201 10/31/9/+ I � Wilmington, NC 28402
Name of Property Owner (if different than address of Property Owner/Applicant)
J.R. Reaves P.O. Box 2084 Wilmington, NC 28402
Location of Property Tax Map Block Parcel
No. Kerr Ave & College Rd 34 03 11
Area of Property Existing Zoning Land Classification ^
62.5 Acres A—R & R-15 Urban Transition
Existing Use of Property Proposed Use of Property
Undeveloped Conditional I —I & B-2
B-2 22.7 Acres
I —I 39.8 Acres
APPLICATION FOR
SPECIAL USE PERMIT
Applications MUST be reviewed by the Planning Department for completeness prior to acceptance. For Special Use
Permits that are considered residential uses a fee of $50.00 will be charged. For Special Use Permits that are non-residential a
fee of $100.00 will be charged.
This fee, payable to New Hanover County, MUST accompany this petition.
No application will be accepted unless accompanied by a sketch of the proposed use and lot drawn to scale in
duplicate indicating:
1. Location of existing and (or proposed structures) to be used in connection with the requested use.
2. Location of off-street parking
3. Location and dimensions of proposed sign(s)
4. Location of site relative to major thoroughfares
S. Setbacks from property lines
The Planning Department, Planning Board, and/or Board of County Commissioners reserve the right to require
additional information if needed to assure that the use in its proposed location will be harmonious with the area and in accor-
dance with the Zoning Ordinance of the County of New Hanover.
Applications for Special Use Permits are acted upon by the New Hanover County Commissioners in a quasi-judicial
public hearing. Except for mobile homes on individual lots, all Special Use Permits MUST first be reviewed by the County
Planning Board.
Applications and supplementary information must be received in the office of the Planning Department twenty t20)
working days before the County Planning Board meeting to allow adequate time for processing -and advertisement as required by
the North Carolina General Statutes, and local ordinances.
Applications for mobile homes on individual lots must be received in the office of the Planning Department twenty
(20) working days before the regularly scheduled commissioners meeting.
Planning Board meetings are held at 7:00 PM in the assembly Room of the County Administration Building, at Fourth
and Chestnut Streets, Wilmington, North Carolina, on the first Thursday of each month. Commissioner meetings are scheduled
for the first Monday of each month at 7:30 PM in the Assembly Room of the County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
WHAT YOU MUS ESTABLISH F
SPECIAL USE PERMIT
Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to sec .
Ordinance imposes the following General Requirements on the use requested by the applice,,.
the applicant should explain, with reference to attached plans, where applicable, how the propc
requirements: (Attach additional pages if necessary)
General Requirement #1
The Board must find "that the use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved."
Statement by Applicant:
(SEE ATTACHMENT)
General Requirement #2
The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance."
Statement by Applicant:
General Requirement #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."
Statement by Applicant:
General Requirement #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."
Statement by Applicant:
The Zoning Ordinance in some instances, also imposes additional specific requirements on the use requested by the
applicant. The applicant should be prepared to demonstrate that the proposed use will comply with each specific
requirement found in section 72 , (as applicable). He/She should also demonstrate that the land will be used
in a manner consistent with the plans and policies of New Hanover County. The Board of Commissioners may impose
additional conditions and restrictions that they deem appropriate prior to the issuring of the SPECIAL USE PERMIT.
I certify that all of the information presented in this application is accurate to the best of by knowledge, information, and
belief.
Signature of Applicant and /or Owner
S: Z0051 e
KERB AVE. CORRIDOR ANALYSIS
F-1 ZONED INDUSTRIAL
ZONED RESIDENTIAL
SCALE 1" = 800' i 3. 3
Jp
2 � A
KERR AVE.
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WOODPECKER WOOD SHOP
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WILMINGTON BOX COMPANY
SHEET I OF 4 1
KERR AVE. CORRIDOR ANALYSIS
F� ZONED INDUSTRIAL.
F-1 "ZONED RESIDENTIAL
I
SCALE 1" = 800'
a�
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KERR AVE.-
le
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W.F. CRAP INSULATION
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JUSTICE AUTO BODY
SHEET 2 OF 4 41
KERR AVE. CORRIDOR ANALYSIS
F-1 ZONED INDUSTRIAL
ZONED RESIDENTIAL
SCALE 1" = 800'
2
v,
KE,RR AVE.. _
I 9 ice/ �O
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'9.
CRS AUTOMOBILE SERVICE
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I FARLEY DR.
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SAWYER PEST CONTROL
SHEET 3 OF 4 I
KERR AVE. CORRIDOR ANALYSIS
F] ZONED INDUSTRIAL.
DZONED RESIDENTIAL
SCA1,E I" = 800'
v
s r:
/ EARI,EY DR.
i
F ,
KERR AVE.
OX
61
UNITED INSULATION
COASTAL.. PRECISION MACtLINE
1
ELLINGTON INSULATION
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DEXTER L. HAYLS
Planning Director
Mr. Grayson Powell
Landmark Commercial
P.O. Box 4127
Wilmington NC 28402
NEW HANOVER COUNTY
PLANNING DEPARTMENT
414 CHESTNUT STREET, ROOM 304
WILMINGTON, NORTH CAROLINA 28401-4027
TFLFPHONE(910) 341-7165
FAX (910) 772-7868
April 10, 1997
RE: Land Use Inquiry at Murrayville Station
Dear Mr. Powell:
Based on my previous consultations with Zoning Enforcement Officer Sherry Byrd -Hansen and
Planning Director Dexter Hayes, I can affirm that the placement of a gymnastics facility in the
Murrayville Station business park would be permitted under the conditional use order dated
February 6, 1995. As you may recall there was a question as to whether this use would be
considered a "place of assembly." Under the existing permit, places of assembly would not be
permitted. Please take note this verification applies only to the use itself. No claim is made that
the use would be able to meet general zoning requirements for off-street parking, landscaping and
related design standards. Those can only be determined after a detailed site plan review by the
Zoning Enforcement Office.
Regarding the custom cabinet operation, it was stipulated in the original conditional use district
order that any manufacturing activity (this includes a cabinet shop) locating on lots 30 thru 35
would be permitted but only pursuant to the issuance of a special use permit. In addition to the
standard application, the applicant would have to submit a site plan detailing planned development
of the parcel, the nature of the use(s) and operational characteristics. A special use permit
requires review by the County Planning Board and final approval by the New Hanover Board of
County Commissioners. You may want to meet with me to discuss this process, submission
deadlines and hearing dates.
If you have questions, please let me know.
Sincerely,
Walter Avery, Jr.
Senior Planner
cc. Sherry Byrd -Hansen, Zoning Enf.
Dexter Hayes, Planning Director
DEXTERL. RAVES
Planning Director
Mr. Chris Stephens
P.O. Box 4127
Wilmington, NC 28402
RE: Z-518, 12/94
Dear Mr. Stephens:
A"
NEW HANOVER COUNTY
PLANNING DEPARTMENT
320 CHESTNUT STREET, ROOM 403
WILMINGTON, NORTH CAROLINA 28401-4027
TELEPHONE (910) 341-7165 %A
February 21, 1995
RECEIVED NR 0 3 1995
The New Hanover County Board of Commissioners at their regular meeting on Monday,
February 6, 1995 approved your petition to rezone property located on the east side of N. Kerr
Avenue to CD(B-1), CD(B-2) and CD(I-1) from R-15 Residential and Airport Residential. This
approval is pursuant to the site plan as modified.
Prior to using the property at the above location, it will be necessary for you to obtain the
required building permits or certificate of occupancy, if applicable, from the County Puilding
Inspections Office, located in the County Annex, corner of Fifth and Chestnut Streets,
Wilmington, NC 28401.
Sincerely,
VdN
Walter Avery, Jr.
Senior Planner
cc: Clerk to the Board
Zoning Enforcement
Tax Office
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING NIAPS OF ZONING AREAS NO. 8B and AIRPORT
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED DULY 1, 1972 AND OCTOBER 4, 1976
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Maps of Zoning Areas No. 8B and Airport are hereby amended by
removing the hereinafter described tracts from the R-15 Residential and AR Airport Residential
Zoning District Classifications and placing them in the Conditional Use B-1, B-2 and I -I Industrial
Zoning District Classifications, said lands being described as follows:
CD(B-1) Begin at the point where the centerline of a proposed 50 ft right-of-way (private)
intersects the west right-of-way line of N.C. Highway 132; thence South 18 degrees 21
minutes east a distance of 500 feet; thence south 71 degrees 38 minutes West a distance of
110.00 feet; thence North 78 degrees 22 minutes West a distance of 3 70. 00 feet; thence
North 75 degrees 22 minutes West a distance of 400.00 feet; thence south 29 degrees 38
minutes West a distance of 583.00 feet; thence North 78 degrees 22 minutes West a distance
of 160.00 feet; thence North 11 degrees 38 minutes East a distance of 961.00 feet to the
centerline of the proposed 50 foot right-of-way (private); thence along the centerline South
73 degrees 22 minutes East a distance of 631.00 feet; thence along the centerline as it curves
to the left North 89 degrees 08 minutes East a distance of 210.00 feet; thence along the
centerline North 71 degrees 38 minutes East a distance of 140.00 feet to the Beginning
containing 13.2 acres (approximate).
CD(I-1) Begin at the southwest corner of the proposed B-1 zoning parcel shown on
"Murrayville Station Zoning Request", thence along and with the east line of North Kerr
Avenue North 62 degrees 38 minutes East a distance of 980.00 feet; thence along and with
the east line of North Kerr Avenue as it curves to the left North 15 degrees 11 minutes East
a distance of 795.00 feet; thence leaving said east line of North Kerr Avenue North 32
degrees 38 minutes East a distance of 70.00 feet; thence south 57 degrees 22 minutes east
a distance of 230.00 feet; thence North 32 degrees 38 minutes East a distance of 250.00 feet;
thence North 57 degrees 22 minutes West a distance of 50.00 feet; thence North 32 degrees
38 minutes East a distance of 392.47 feet; thence South 43 degrees 22 minutes East a
distance of 139.00 feet; thence South 23 degrees 22 minutes East a distance of 370 feet;
thence South 11 degrees 38 minutes West a distance of 1,629.00 feet; thence North 78
degrees 22 minutes West a distance of 1,560.00 feet to the Beginning containing 33.6 acres
(approximate).
CD(B-2) Begin at the point where the centerline of a proposed 50 foot right-of-way (private)
is intersected by the west right-of-way line of N.C. Highway 132; thence along the centerline
of the proposed right-of-way South 71 degrees 38 minutes West a distance of 140.00 feet;
thence along the centerline of the proposed right-of-way as it curves to the right South 89
degrees 08 the
West a distance of 210.00 feet; thence along the centerline of the
proposed right-of-way North 73 degrees 22 feet West a distance of 631.00 feet; thence
leaving said centerline of proposed private road North 11 degrees 38 minutes East a distance
of 317.00 feet; thence South 78 degrees 22 minutes East a distance of 160.00 feet; thence
North 71 degrees 38 minutes East a distance of 560.00 feet; thence along and with the West
right-of-way line of N.C. 132 South 18 degrees 22 minutes East a distance of 620.00 feet to
the Beginning containing 9.1 acres (approximate).
Section 2. The County Clerk is hereby authorized and directed under the supervision of the
County Commissioners to change the Zoning Maps of Zoning Areas No. 8B and Airport on file in
the office of the County Commissioners, so as to make it comply with this ordinance.
Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full
force and effect from and after its adoption.
n
Adopted the 6th day of February, 1995.
rk to the Board
it 6
Robert G. Greer, Chairman
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
IN A CONDITIONAL USE ZONING DISTRICT
The County Commissioners for New Hanover County having held a public hearing
on to consider application No. Z-518 submitted by Landmark, a request for a Special Use Permit in
a Conditional Use Zoning District to use the property located on North College Road, and having
heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF
FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements
set forth in Section 71-1(3) and 72 of the County Zoning Ordinance WILL be satisfied if the property
is developed in accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy
the first general requirement listed in the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and developed according to the plan as
submitted and approved. In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. The site is located in the Wrightsboro VFD District.
B. The site has a 10,000 gpd allocation for County sewer. Water will be provided by
private sources.
C. The site has access to N. College Road and Farley Drive, all state -maintained roads.
D. Industries which create excessive smoke, airborne debris, dust and other obnoxious
discharges are not permitted.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy
the second general requirement listed in the Ordinance; namely that the use meets all required
conditions and specifications. In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. A site plan per requirements of the conditional use zoning process has been submitted.
B. Setbacks and buffering standards equal or exceed the minimum standards required for
these types of uses.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy
the third general requirement listed in the Ordinance; namely that the use will not substantially injure
the value of adjoining or abutting property, or that the use is a public necessity. In support of this
conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The applicant proposes to establish a minimum 50' foot buffer around the project
except where the site fronts S. College Road and the shopping center property.
B. The applicant proposes to limit building heights to 35'.
C. The applicant also proposes to establish restrictive covenants controlling architectural
design of buildings, the placement of outside storage, the location of dumpsters and
loading areas, and the orientation of outside lighting.
D. Access points will be limited.
5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy
the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The site is located in close proximity to the New Hanover County International
Airport and is adjacent to a mid -sized strip commercial center. The site is also
traversed by a 170' wide overhead electric utility easement.
6. Therefore, because the County Commissioners conclude that all of the general and
specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT
IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED
subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use, as well as any additional conditions hereinafter
stated.
B. If any of the conditions imposed by this special use permit shall be held invalid beyond
the authority of this Board of Commissioners by a court of competent jurisdiction,
then this permit shall become void and of no effect.
C. 1) Other: All other applicable federal, state and local laws.
2) Items 1-7 outlined on the site plan.
Ordered this 6th day of February, 1995.
Attes-
Robert G. Greer, Chairman
QLkz2w�-�
Cfer.k to the Board
h�
Affirmation this day of /' ���'�6�` , 1995.
Applicant
REZONING REQUEST
Z-518 / R15 & AR to CD(132) & (1-1)
f
December, 1994
Scale: 1 "=400'
A. Cart E. Pridgen
B. Elizabeth Blake
C. Phillip Owenby
D. Wilmington Holding Corporation
E. Wilmington Holding Corporation
F. Wilmington Holding Corporation
G. Mittie Raeves Todd Hrs
H. Jerry & Rita Raynor
I. Michael & Teresa Salmon
J. Todd & Catherine Fales
K. Robert b Mary Fry
L. Ricky b Frances Phillips
M. Philip & Barbara Blandine
N. Jerry Wayne James
O. James Scott
P. Denis b Joey Adkins
Q. Guy & Machiko Davis
R. Louise McRae
S. David & Helen Nesbitt
T. Mary Murray
U. Patricia Forte
V. Robert b Eleanor Craddock
W. Terry Wilkerson
X. Glenn & Grace Avery
Y. Deborah Ballard
Z. Ronald 3 Sheila DOUgherty
AA. Ronald & Annie Hall
BB. William Butler
CC. Louis Laino
DD. Gary & Nel Chestnut
EE. Bobby b Venita Fore
FF. Joseph & Kathy Smith
GG. Donald Marlowe
HH. NHCO Tax Administrator
II. NHCO Tax Administrator
JJ. NHCO Tax Administrator
KK. Bobby b Judy Brown
LL. Lenora Sivertsen
MM. Harold Sivertsen
NN. David b Sharon Herring
00. Lucille Batson
I
NEW HANOVER COUNTY
PLANNING DEPARTMENT
320 CHESTNUT STREET, ROOM 403
WILMINGTON, NORTH CAROLINA 28401-4027
TELEPHONE (910) 341-7165
DEXTERL.HAYES
Planning Director NOTICE OF PUBLIC HEARING
NEW HANOVER COUNTY COMMISSIONERS
February 6, 1995
Rezoning, Continued Item- Recommendation by the Planning Board to
rezone 62.5 acres east of N. Kerr Avenue and west of N. College
Road to Conditional Use Industrial (39.8 acres), Conditional Use
B-2 Business (about 10.7 acres), and Conditional Use B-1 Business
(about 12 acres) from Airport Residential and R-15 Residential
with several conditions and site plan modifications. (Z-518,
12/94)
This petition will be considered at a public hearing to be
held at 7:30 p.m. in the Assembly Room of the County Courthouse
Building, 24 North Third Street, Wilmington, North Carolina.
Since this notice is sent only to adjoining property owners,
please discuss it with other residents who may have an interest
in this request. Anyone wishing to be heard on this matter
should appear at the public hearing or arrange to be represented.
Typically, a total of ten (10) minutes will be allocated for
all those wishing to speak in favor of the request, and another
ten (10) minutes for those opposed to the request. Following
this twenty minute period, an additional five minutes for each
side may be allowed for rebuttal statements. After thirty (30)
minutes the Board will close the discussion to the floor and
reach a decision. However, the complexity of the case will
determine the total time allotted to public comment. Obviously,
some cases could take longer.
R-15 Residential permits a variety of housing types,
including mobile homes. The maximum density is 2.5 units per
acre, but can be higher if specified performance criteria can be
met. Airport Residential permits residential uses on one acre
lots. Mobile home parks are not permitted. B-1 permits
miscellaneous retail, offices and personal services. B-2 permits
a greater range of retail services, commercial services and
warehousing. I-1 permits a broad range of light industrial uses,
commercial services and limited retail. Conditional use means
rezoning subject to approval of a site development plan.
If you have any questions, please contact Walter "Pete"
Avery, Jr. Senior Planner in the New Hanover County Planning
Department. Phone 341-7165 or 341-7440.
�� � -ems R�vS, �- � c� Cry a) � (.�- �
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..:_PROPERTY OWNERS OPPOSING REZONING OF 62.5 ACRES ON THE WEST SIDE OF N. COLLEGE
ROAD AND EAST OF N. KERR AVENUE TO CONDITIONAL USE I-1. INUUSIRIAL (39_8) ACRES
AND CONDITIONAL USE B-2 BUSINESS (22.7) ACRES FROM R-15 RESIDENTIAL AND AIRPORT
RESIDENTIAL. (Z-518, 12/94) AS REQUESTED BY LANDMARK DEVELOPERS.
THE FULF.OWING PROPERTY OWNERS DEMAND KEEPING SAID PROPERTY STRICTLY RESIDENTIAL... _
(117
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AND CONDITIONAL USE B-2 BUSINESS (22.7) ACRES FROM R-15 RESIDENTIAL AND AIRPORT
RESIDENTIAL. (7-518, 12/94) AS REQUESTED BY LANBMARR DEVELOPERS.
THE FOLLOWING PROPERTY OWNERS DEMAND 1UEPI G SAID PROPERTY STRICTLY RESIDENTIAL. - - -
NAME ADDRESS DATE
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PROPERTY OWNERS OPPOSING Rf.70NING OF 62.5 ACRES ON THE WEST SIDE OF PI. COLLEGE
ROAD ACID EAST OF N. KERR AVENUE. TO CONDITIONAL USE I-1 INDUSTRIAL (39.8) ACRES
AND CONDITIONAL USE B-2 BUSINESS (22.7) ACRES FROM R-15 RESIDENTIAL AND AIRPORT
RESIDENTIAL. (Z-518, 12/94) AS REQUESTED BY LANDMARK DEVELOPERS.
THE FOLLOWING PROPERTY OWNERS DEMAND KEEPING SAID PROPERTY STRICTLY RESIDENTIALI
ITAMf, ADDRESS /�?TELEPHONE # DATE
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PETITION AGAINST LANDMARK DEVELOPERS
REQUEST TO REZONE WEST SIDE OF N. COI,IEGE
ROAD AND EAST OF N. KERR AVENUE
RE: Notice of Public Hearing
New Hanover Planning Board
December 1, 1994
REZONING - Request to rezone 62.5 acres on the west side of N. College
Road and east of N. Kerr Avenue to Conditional Use I-1 Industrial (39.8)
acres and Conditional Use B-2 Business (22.7) acres from R-15 Residential
and Airport Residential. (Z-518, 12/94)
THE FOLIDW-1% PEOPLE ARE OPPOSED TO THE REZONING REQUEST:
DATE ,• NAME ADDRESS PHONE
-3,9S Y
f
It .... PROPERTY OWNERS OPPOSING REZONING OF 62.5 ACRES ON THE WEST SIDE OF N_ COIdME
ROAD AND EAST OF N. KERR AVENUE TO CONDITIONAL USE I-1. INDUSTRIAL (39.8) ACRES
AND CONDITIONAL USE B-2 BUSINESS (22.7) ACRES FROM R-15 RESIDEM IAL AND AIRPORT
RESIDENTIAL. (7,-518, 12/94) AS REQUESTED BY LANDMARK DEVELOPERS.
TM F LTOFIING PROPERTY O ERS DEMAND KEEPIIU SAID PROPE(�RTY' STRICTLY RESIDENTIAL....
NAME ADDRESS TELEPHONE # DATE
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AND CONDITIONAL USE B-2 BUSINESS (22.7) ACRES FROM R-15 RESIDENTIAL AND AIRPORT
RESIDENTIAL. (7,518, 12/94) AS REQUESTED BY UWDMARK DEVELOPERS.
THE F U OWINIG PROPERTY OF ERS DEMAND KEEPING SAID PROPERTY STRICTLY RESIDENTIAL....
NAME ADDRESS TELEPHONE # DATE
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AND CONDITIONAL USE B-2 HU,SINESS (22.7) ACRES FROM R-15 RESIDENTIAL AND AIRPORT
RESIDENTIAL. (7-5I8, I2/94) AS REQUESTED BY IANDMARR DEVELOPERS.
THE FO -OWING PROPERTY OWNERS DEMAND KEEPIM SAID PROPERTY STRICTLY RESIDENTIAL....
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PETITION AGAINST LANDMARK DEVELOPERS
REQUEST TO REZONE WEST SIDE OF N. COLLEGE
ROAD AND EAST OF N. KERR AVENUE
RE: Notice of Public Hearing
New Hanover Planning Board
December 1, 1994
REZONING - Request to rezone 62.5 acres on the west side of N. College
Road and east of N. Kerr Avenue to Conditional Use I-1 Industrial (39.8)
acres and Conditional Use B-2 Business (22.7) acres from R-15 Residential
and Airport Residential. (Z-518, 12/94)
�j�
THE FOLLOWING PEOPLE ARE OPPOSED TO THE REZONING REQUEST: / `'"
DATE . - NAME ADDRESS PHONE
i
s-
DLXTERL.HAYES
Planning Director
NEW HANOVER COUNTY
PLANNING DEPARTMENT
320 CHESTNUT STREET, ROOM 403
WILMINGTON, NORTH CAROLINA 28401-4027
TELEPHONE (910) 341-7165
NOTICE OF PUBLIC HEARING
NEW HANOVER COUNTY COMMISSIONERS
JANUARY 3, 1995
Rezoning- Recommendation by the Planning Board to rezone 62.5
acres east of N. Kerr Avenue and west of N. College Road to
%Conditional Use Industrial(39.8 acres), Conditional Use B-2
Business(approximately 10.7 acres) and Conditional Use B-1
(approximately 12 acres) from Airport Residential and R-15
Residential with conditions and site plan modifications. (Z-518,
12/94) The request was made by Landmark Organization.
This petition will be considered at a public hearing to be
held at 7:30 p.m. in the Assembly Room of the County Courthouse
Building, 24 North Third Street, Wilmington, North Carolina.
Re
Since this notice is sent only to adjoining property owners,
please discuss it with other residents who may have an interest
in this request. Anyone wishing to be heard on this matter
should appear at the public hearing or arrange to be represented.
Typically, a total of ten (10) minutes will be allocated for
all those wishing to speak in favor of the request, and another
ten (10) minutes for those opposed to the request. Following
this twenty minute period, an additional five minutes for each
side may be allowed for rebuttal statements. After thirty (30)
minutes the Board will close the discussion to the floor and
reach a decision. However, the complexity of the case will
determine the total time allotted to public comment. Obviously,
some cases could take longer.
R-15 Residential permits a variety of housing types,
including mobile homes. The maximum density is 2.5 units per
acre, but can be higher if specified performance criteria can be
met. Airport Residential permits residential uses on one acre
lots. B-1 Business permits miscellaneous retail. B-2 permits a
greater range of retail uses. I-1 permits a range of light
manufacturing activities. Conditional use means rezoning subject
to a site development plan.
If you have any questions, please contact Walter "Pete"
Avery, Jr. Senior Planner in the New Hanover County Planning
Department. Phone 341-7165 or 341-7440.
. _ _ _ PROPERTY OWNERS OPPOSIM REZONING OF 62. 5 ACRES ON THE WEST SIDE OF N. COH DGE
ROAD AND EAST OF N. KERR AVENUE TO CONDITIONAL USE I-1 INDUSTRIAL (39.8) ACRES
AND CONDITIONAL USE B-2 BUSINESS (22.7) ACRES FROM R-15 RESIDENTIAL AND AIRPORT
RESIDENTIAL. (7-518, 12/94) AS REQUESTED BY LANDMARK DEVELOPERS.
7M F0 SOWIn-
CDU-N.Kerr&OWNERS DEMAND KEEPING PERTY STRICi7_,Y RESIDENTIAL....
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ROAD AND EAST OF N. KERR AVENUE TO CONDITIONAL USE I-1 INDUSTRIAL (39.8) ACRES
AND CONDITIONAL USE B-2 BUSINESS (22.7) ACRES FROM R-15 RESIDENTIAL AND AIRPORT
RESIDENTIAL. (2r518, 12/94) AS REQUESTED BY LANDMARK DEVELOPERS.
THE FOLLOWING PROPERTY OV44ERS DEMAND KEEPING SAID PERTY STRICTLY RESIDENTIAL....
NAME ADDRESS LEPHONE # DATE
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PETITION AGAINST LANDMARK DEVELOPERS
REQUEST TO REZONE WEST SIDE OF N. COLLEGE
ROAD AND EAST OF N. KERR AVENUE
RE: Notice of Public Hearing
New Hanover Planning Board
December 1, 1994
REZONING - Request to rezone 62.5 acres on the west side of N. College
Road and east of N. Kerr Avenue to Conditional Use I-1 Industrial (39.8)
acres and Conditional Use B-2 Business (22.7) acres from R-15 Residential
and Airport Residential. (Z-518, 12/94)
THE FOLLOWING PEOPLE ARE OPPOSED TO THE REZONING REQUEST: 0
DATE • NAME ADDRESS PHONE
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(see attached)
....PROPERTY OWNERS OPPOSING REMUM OF 62.5 ACRES ON THE WEST SIDE OF N. COLLEGE
ROAD AND EAST OF N. K RR AVENUE TO CONDITIONAL USE I-1. INDUSTRIAL (39.8) ACRES
AND CONDITIONAL USE B-2 BUSINESS (22.7) ACRES FROM R-15 RESIDENTIAL AND AIRPORT
RESIDENTIAL. (2r518, 12/94) AS REQUESTED BY LANDMARK DEVELOPERS.
THE F LIAN NG PROPERTY OWNERS DEMAND KEEPIM SAID PROPERTY STRICTLY RESIDENTIAL. - - -
NAME ADDRESS ETIHONE DATE
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PROPE'RTY OWNERS OPPOSING REZONING OF 62.5 ACRES ON THE- WI''ST SID13 OF N. COLLEGE
ROAD AND EAST OF N. KERR AVENUE TO CONDITIONAL USE' I-1 INDUSTRIAL (39.8) ACRES
AND CONDITIONAL USE B-2 BUSINESS (22.7) ACRBS FROM R-15 RESIDENTIAL AND AIRPORT
RI?SIDENTIAL. (Z-518, 12/94) AS REQUESTE I) BY LANDMARK DEWELOPE?RS.
THE, FOLLOWING PROPFRTY OWNERS DEMAND KEEPING SAID PROPERTY STRICTLY RESIDENTIAL
NAME' ADDRESS � TELEPHONE? # DAT13
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ROAD AND EAST OF N. KERR AVENUE TO CONDTTIONAL USE I-1 INDUSTRIAL (39-8) ACRES
AND CONDITIONAL USE B-2 BUSINESS (22.7) ACRES FROM R-15 RESIDENTIAL AND AIRPORT
RESIDENTIAL. (7,518, 12/94) AS REQUESTED HY LANDMARK DEVELOPERS.
THE FOU OKING PROPERTY OWNERS DEMAND KEEPIM SAID PROPERTY STRICTLY RESIDENTIAL....
NAME ADDRESS TELEPHONE # DATE
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.__.PROPERTY OWNERS OPPOSING REZONING OF 62_5 ACRES ON THE WEST SIDE OF N_ COTLE)GE
ROAD AND EAST OF N. KERR AVENUE TO CONDITIONAL USE I-1 INDUSTRIAL (39.8) ACRES
AND CONDITIONAL USE B-2 BUSINESS (22.7) ACRES FROM R-15 RESIDENTIAL AND AIRPORT
RESIDENTIAL. (7-518, 12/94) AS REQUESTED BY IA?"WK DEVELOPERS.
THE FOLLOWING PROPERTY OWNERS DEMAND KEEPING SAID PROP(E�RTY/STRICTLY RESIDENTIAL-__
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DEXTER L. HAYES
Planning Director
NEW HANOVER COUNTY
PLANNING DEPARTMENT
320 CHESTNUT STREET, ROOM 403
WILMINGTON, NORTH CAROLINA 28401-4027
TELEPHONE (910) 3 41- 7165
NOTICE OF PUBLIC HEARING
NEW HANOVER COUNTY PLANNING BOARD
December 1, 1994
REZONING- Request by Landmark Developers to rezone 62.5 acres on
the west side of N.. College Road and east of N. Kerr Avenue to
Conditional Use I-1 Industrial (39.8) acres and Conditional Use B-2
Business (22.7) acres from R-15 Residential and Airport
Residential. (Z-518, 12/94) See attached location map.
This petition will be considered at a public hearing to be
held at 7:00 p.m. in the Assembly Room of the County Administration
Building, 320 Chestnut Street. Planning Board recommendations for
approval are usually heard by the County Commissioners the first
Monday of the following month.
Since this notice is sent only to contiguous property owners,
please discuss it with other residents who may be interested.
Anyone wishing to be heard on this matter should appear at the
public hearing or arrange to be represented.
Typically, a total of ten (10) minutes will be allocated for
all those wishing to speak in favor of the request, and another ten
(10) minutes for those opposed to the request. Following this
twenty minute period, an additional five minutes for each side may
be allowed for rebuttal statements. After thirty (30) minutes, the
Board will close the discussion to the floor and make a
recommendation to the County Commissioners.
R-15 Residential permits a variety of residential uses. The
maximum density is 2.5 units per acre, with higher density
permitted under certain circumstances. Airport Residential permits
residential uses on lots at least one acre in size. I-1 Industrial
permits a wide range of light industrial activities, warehousing,
offices, commercial services, limited retail, and miscellaneous
manufacturing. B-2 Business permits retail uses, offices,
commercial services and business services. Conditional use means
a site plan must be submitted with the rezoning application.
If you have any questions, please contact Walter "Pete" Avery,
Jr. in the New Hanover County Planning Department.
4
i
R15 REZONING REQUEST
MLSON G CERY-S
s Z-518 / R15 & AR to CD(B2) & (1-1)
avar�an an- �y 4
December, 1994
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MUR LLE P �.< Scale: 1 =400'
i S G CENTER
r N
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S/83 D • 2�86 !v / A. Carl E. Pridgen
Q B. Elizabeth Blake
C. Phillip Owensby
• E
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Q? D. Wilmington Holding Corporation O0 C V` 20 �� E. Wilmington Holding Corporation
I I /91 ��� 1� F. Wilmington Holding Corporation
B S G. Mittie Raeves Todd Hrs
A O 0 H. Jerry & Rita Raynor
0 I. Michael & Teresa Salmon
NN <<� J. Todd & Catherine Fales
K. Robert & Mary Fry
F 0tn L. Ricky & Frances Phillips
AR W C, �0 M. Philip & Barbara Blandine
N. Jerry Wayne James
MM - 0 70 O. James Scott
P. Denis & Joey Adkins
pd R 1 %5 Q. Guy & Machiko Davis
a� R. Louise McRae
S. David & Helen Nesbitt
K T. Mary Murray
U. Patricia Forte
JJ! V. Robert & Eleanor Craddock
W. Terry Wilkerson
HH r X. Glenn & Grace Avery
Y. Deborah Ballard
GG ;pt` Z. Ronald & Sheila Dougherty
FFt N M AA. Ronald & Annie Hall
EEC O L ! BB. William Butler
DD _ P U K I H ` CC. Louis Laino
CC J /� J DD. Gary & Nel Chestnut
8B O a EE. Bobby & Venita Fore
AA
FF. Joseph & Kathy Smith
Z GG. Donald Marlowe
Y
X R Q . F HH. NHCO Tax Administrator
U p II. NHCO Tax Administrator
U T S a ue er R JJ. NHCO Tax Administrator
W o KK. Bobby & Judy Brown
V LL. Lenora Sivertsen
n MM. Harold Sivertsen
asp erry m NN. David & Sharon Herring
a B-1 00. Lucille Batson
0
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned owner J.R. Reaves does hereby
appoint W. Chris Stephens as his, her, or its exclusive agent
for the purpose of petitioning New Hanover county for an
amendment to the text regulations and/or zoning map, as
applicable to the property described in the attached petition.
The owner does hereby covenant and agree with New Hanover
County that this agent has the authority to do the following acts
for and on behalf of the owner:
1. To submit a proper petition and the required
supplemental materials.
2. To appeal at public meetings to give representation and
commitments on behalf of the owner.
3. To act on the owner's behalf without limitations with
regard to any and all things directly or indirectly
connected with or arising out of any petition for an
amendment, applicable to the New Hanover County Zoning
Ordinance under Article XI therein.
This agency agreement shall continue in effect until written
notice of revocation by the owner is delivered to New Hanover
County.
A(.iENT V
W. Chris Stephens
Vice President
Landmark Developers, Inc.
y of October 19 94 .
OWNER
12/01/94 09:37 NEW HANOVER INT'L. AIRPORT 001
Poit•N" wane
Fax Transmittal Memo 7672 No of Pages 1 TooaykDece
Compsm � Tkw 7d C)
� �� From t/:� 4/ f A i�(d t/! T Convany
Localbn Location
Fe �� Dept. Charge
�
Fax `-F �Q T (� -'7 /6 ay'-f ! - '-f:3 r Tlzy f Comment9 Original
x� OISPOSition ❑ Destroy Retum Call tpr pr(kup
Y G c /Y 7` r
PAE Af-,c�/ —
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AIRPWiT
PROPRRTY
LINE. '
SON'* Uct
AREA 1
AREA 6
AREA 3
REA 2 ^�
,' `--- l
0�5' --AREA 4
�--- PROPERTY
TO BE ACQUIRED
a6 Ldn
NOISE
CONTOUR
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AREA 5
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fTalbert,, Cox
Associates, Inc.
$YEY, HUSlQN Co AIMNY
LAND USE COMPATIBILITY PLAN....
NEW HANOVER COUNTY AIRPORT
WILMINGTON, NORTH CAROLINA
L7-7
�
7-2Q
Landmark Developers, Inc.
January 21, 1995
Pete Avery
New Hanover County
Planning Dept.
320 Chestnut Street
Wilmington, NC 28401-4027
Re: Murrayville Station Rezoning Request
Z-518,12/94
Dear Mr. Avery:
In response to the County Commissioners continuance of the
referenced project on January 3, 1995, we are submitting revised
plans and additional information.
We understand that access on Kerr Avenue was the primary concern as
formerly submitted. To evaluate the ramifications of eliminating
this access we met with NCDOT and the NHC Fire Marshall. Based on
discussions with these groups and safety considerations we continue
to support the Kerr Avenue access. (An optional restricted
emergency access is shown onthe plan but is not desirable.)
Please include this item for the February County Commissioners
meeting.
Sincerely,
Marga c Gray
5022 Wrightsville Ave. • P.O. Box 4127 • Wilmington, N.C. 28406 • (919) 392-7201 • Telecopier (919) 799-1455
Item # 2
Case: Z-518, 12/94
Request: R-15 and RA to CD(B-2) and CD(I-1), Business and
Light Industrial
Land Area: 62.5 acres; 22.7 for CD(B-2), 39.8 for CD(I-1)
Location: Between N. Kerr Avenue and N. College Road
Planning Board Summary
The Planning Board voted to rezone the property with several
modifications and the imposition of numerous design conditions.
They are as follows:
a. Rezone lots 2 thru 4 and 14 thru 27 and the cemetery parcel to
Conditional Use I-1, excluding however the triangular area in
the southwest perimeter of lot 21 and the northwest perimeter of
lot 26,
b. Rezone lots 10 thru 13 and the detention pond area to
Conditional Use B-1, excluding a small triangular area adjacent
to Parcel H owned by Jerry Raynor,
c. Establish a minimum 75 foot buffer along the east side of N.
Kerr Avenue adjacent to lots 21 thru 26,
d. Limit the building height of buildings along the N. Kerr Avenue
road frontage to two stories or 30 feet,
e. Exclude the following uses for eligibility from the I-1 District
portion of the project:
-adult entertainment establishments
-septic tank services
-dry cleaning plants
-noise sensitive uses
-buildings used primarily as places of assembly, such as
schools, churches, day care services and related uses
f. No manufacturing activities shall be permitted on lots 21 thru
26 until a separate special use permit has been obtained,
g. All signage comply with the Special Highway Overlay District
standards for area and height,
i. Turning lanes be required along for the N. Kerr Avenue entrance
subject to NCDOT design standards,
j. The cemetery be preserved as a separate parcel and appropriate
access be granted the caretakers or future owners as applicable.
A number of residents from Farmington Subdivision, which is located
on the west side of N. Kerr Avenue across the street from the
project, spoke in opposition to the plan. They pointed out that
the planned industrial development would drive down their property
values, increase traffic hazards in an area already suffering
severe congestion, and possibly create health risks by introducing
the handling of hazardous materials, flammable and combustible
products and related materials in close proximity to residential
uses. An attorney retained by one of the neighbors offered similar
arguments. He also argued that the site plan as submitted was
insufficient because exact land uses planned for each lot were not
illustrated.
The modifications and conditions imposed by the Planning Board and
generally agreed to by the applicant reduced some of the
opposition. It should be noted however several residents still
oppose the plan as long as access is permitted to N. Kerr Avenue.
Planning Staff Summary
This property is located in the southwest corner of a mid -sized
commercial node formed by the intersection of NC 132, Murrayville
Road and Bavarian Lane. A wide variety of retail, business and
personal services can be found there. The largest of the tenants in
the node are grocery stores. All four corners of the intersection
are currently developed and very little undeveloped commercially
zoned property is available. Commercial land in the node is zoned
primarily B-2 Business. An attempt to rezone the AR zoned part of
the tract to R-15 was denied by the County in 1991.
The property is classified Urban Transition. This classification
encourages more intense urban development subject to provision of
public services. County sewer is available, however, due to
treatment capacity limitations, the applicant has been assigned an
allocation of only 10,000 gallons per day. Water services would be
provided by a private community system or on -site wells.
Commercial Policies for Growth and Development encourage sites to
be clustered along major roads at or very near intersections formed
by other major roads. Strip commercial development and
encroachment into residential areas is discouraged. Industrial
Policies for Growth and Development encourage sites that promote
land use compatibility between the commercial and residential
sectors as well as the local environment. Also, the policies
promote industrial diversification and the attraction of industries
to encourage the upward mobility of low and moderate income
persons.
Land use in the area, coupled with on -site impediments lends some
justification for the conversion of this land to some form of non-
residential use. The site is south of and adjacent to the
Murrayville Post Shopping Center, a well established strip center.
Also, the site is traversed by a 170' wide overhead electric
utility easement, reducing but not necessarily eliminating the
general appeal for residential lots there. Another significant
deterrent is the site's proximity to the New Hanover County
International Airport. The continued growth of the facility will
bring increased air pollution and noise, as well as greater safety
risks for nearby dwellings. The Airport Residential classification
limits the density one acre lots.
A major concern posed by the petition is how well adjoining
residential projects, including Brierwood to the south and
Farmington to the west, will be protected from development
ordinarily considered incompatible with residential uses.
Buffering, extended setbacks and other design measures will help
some. Also, restrictive covenants are planned that will govern the
architectural appearance of buildings, lighting, and the location
of outside storage and other items such as dumpsters.
Site Plan Summary
As noted, the applicant seeks to establish two distinct conditional
use districts: one for industrial use and one for business use.
1. The site consists of 62.5 acres--22.7 acres is proposed for
conditional use business and 39.8 acres for conditional use
industrial. The site would be subdivided into 27 lots ranging
in size from one to two acres.
2. There would be 8 business lots and 19 industrial lots.
3. Access to the site and through the site would be by newly
constructed private roads connecting N. College Road with N.
Kerr Avenue. Turn lanes and acceleration lanes will be
installed per NCDOT requirements.
4. Setbacks shall be in accordance with existing standards,
except that the site plan calls for the establishment of a
minimum 50' setback/buffer along the site's entire perimeter
excluding the N. College Road frontage and the area adjacent
to the existing B-2 District to the north. No building is
projected to exceed 35' feet in height.
5. The site plan provides general details concerning construction
timetables, traffic impacts, on -site vegetation and drainage.
Special Use Permit: Preliminary Staff Findings
1. The Board must find that the use will not materially endanger
the public health or safety if located where proposed and developed
according to the plan as submitted and approved.
a. The site is located in the Wrightsboro VFD District.
b. The site has a 10,000 gpd allocation for County sewer. Water
will be provided by private sources.
C. The site has access to three separate state -maintained roads.
d. Industries which create excessive smoke, airborne debris, dust
and other obnoxious discharges are not permitted.
2. The Board must find that the use meets all required conditions
and specifications of the Zoning Ordinance.
a. A site plan per requirements of the conditional use zoning
process has been submitted.
b. Setbacks and buffering standards equal or exceed the minimum
standards required for these types of uses.
3. The Board must find that the use will not substantially injure
the value of adjoining or abutting property or that the use is a
public necessity.
a. The applicant proposes to establish a minimum 50' foot buffer
around the project except where the site fronts S. College
Road and abuts the shopping center property.
b. The applicant proposed to limit building heights to 351.
C. The applicant also proposes to establish restrictive covenants
controlling architectural design of buildings, the placement
of outside storage, the location of dumpsters and loading
areas, and the orientation of outside lighting.
d. Access points will be limited.
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 plan of development for New Hanover County.
a. The site is located in close proximity to the New Hanover
County International Airport and is adjacent to a mid -sized
strip commercial center. The site is also traversed by a 170'
wide overhead electric utility easement.
The establishment of a conditional use district must be consistent
with the policies set forth in the Land Use Plan. Also, the
conditional use plan must set forth a design that promotes
transitional use activities which protect dissimilar uses that abut
or are near the site. The proposed plan is generally consistent
with the Land Use Plan. However, Staff recommends that the area
adjacent to Brierwood Subdivision and the planned access road be
classified CD (O-I) instead of B-2. This would allow a better
transition to the commercial properties to the north. Staff also
recommends that signage on NC 132, N. Kerr Avenue and Farley Road
be limited to the same standard as required in the Special Highway
Overlay District.
It is difficult to project the ultimate impact the project will
have on the local traffic situation. Whatever is developed there,
the level of existing congestion will certainly increase,
especially during peak periods.
f-
NEW HANOVER COUNTY
PLANNING DEPARTMENT
320 CHESTNUT STREET, ROOM 403
WILMINGTON, NORTH CAROLINA 28401-4027
TELEPHONE (910) 341-7165
DEXTERL.HAYES
Plaruung Director
February 21, 1995
Mr. Chris Stephens
P.O. Box 4127
Wilmington, NC 28402
RE: Z-518, 12/94
Dear Mr. Stephens:
The New Hanover County Board of Commissioners at their regular meeting on Monday,
February 6, 1995 approved your petition to rezone property located on the east side of N. Kerr
Avenue to CD(B-1), CD(B-2) and CD(I-1) from R-15 Residential and Airport Residential. This
approval is pursuant to the site plan as modified.
Prior to using the property at the above location, it will be necessary for you to obtain the
required building permits or certificate of occupancy, if applicable, from the County Building
Inspections Office, located in the County Annex, corner of Fifth and Chestnut Streets,
Wilmington, NC 28401.
cc: Clerk to the Board
Zoning Enforcement
Tax Office
Sincerely,
" k1r7A
Walter Avery, Jr.
Senior Planner
NEW HANOVER COUNTY
PLANNING DEPARTMENT
320 CHESTNUT STREET, ROOM 403
WILMINGTON, NORTH CAROLINA 28401-4027
TELEPHONE (910) 341-7165
DEXTERL. HAYES
Planning Director
December 6, 1994
Mr. Chris Stephens
P.O. Box 4127
Wilmington, NC 28402
RE: Z-518, 12/94
Dear Mr. Stephens,
The New Hanover County Planning Board at their regular meeting on Thursday, December 1,
1994, recommended approval with modifications of your petition to rezone property located on the
west side of North College Road. These modifications as well as other conditions are outlined below
including:
1. The establishment of a minimum seventy-five foot buffer along the East side of N. Kerr
Avenue adjacent to lots 21 through 26.
2. Limit building height of buildings along N. Kerr road frontage to two stories or thirty feet.
3. Lots 2 through 4 and 14 through 27, including the cemetery parcel be rezoned to Conditional
Use I-1 with the exclusion of the following uses:
A. Adult entertainment establishments
B. Septic tank services
C. Dry cleaning and laundry plants
D. Noise -sensitive uses
E. Buildings used primarily as places of assembly, such as but not limited to churches,
schools, day care services and related uses.
The recommendation also excludes the triangular areas in the perimeter of lots 21 and 26.
To determine the specific area in question, simply extend the 75 foot setback parallel to N.
Kerr and intersect it with a corresponding increase parallel to the southern line of lot 21 and
the northern line of lot 26.
Furthermore, no manufacturing uses can be located along the N. Kerr Avenue frontage (lots
21 through 26) until a separate special use permit has been obtained.
4. Lots 10 through 13 and the retention pond area be rezoned to Conditional Use B-1 Business
and lots 6 through 9 be rezoned to Conditional Use B-2 Business. This excludes, however,
a small triangular area of lot 11 which you intend to deed to Jerry Raynor on Loganberry
Drive in Brierwood Subdivision.
5. All signage comply with the standards set forth for uses in the Special Highway Overlay
District.
6. That the cemetery be preserved as a separate parcel and appropriate access be granted to the
caretakers or future owners as applicable.
7. That turning lanes be required along N. Kerr Avenue subject to NCDOT design approval.
If you deem these modifications and conditions acceptable and correct, the site plan should
be modified to reflect the changes. Ten copies of the revised plan should be remitted no later than
December 16, 1994. If the changes are not acceptable, then simply remit ten copies of the plan as
originally submitted.
To avoid further challenges by the opposition to the site plan's compliance with submission
standards, you may want to show more detail on each lot. This can be done by locating maximum
allowable building footprints on the lots as illustrated by the "worst -case" scenario.
This recommendation has been forwarded to the New Hanover County Commissioners. They
will meet on Tuesday, January 3, 1995 at 7:30 p.m. in the General Assembly Room of the County
Courthouse, 24 North Third Street to act on this request. Please mark your calendar.
Sincerely,
4�� liv--e-
Walter Avery, Jr.
Senior Planner
cc: Clerk to the Board
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned owner ` does hereby
appoint W. Chris Stephens as his, her, or its exclusive agent
for the purpose of petitioning New Hanover county for an
amendment to the text regulations and/or zoning map, as
applicable to the property described in the attached petition.
The owner does hereby covenant and agree with New Hanover
County that this agent has the authority to do the following acts
for and on behalf of the owner:
1. To submit a proper petition and the required
supplemental materials.
2. To appeal at public meetings to give representation and
commitments on behalf of the owner.
3. To act on the owner's behalf without limitations with
regard to any and all things directly or indirectly
connected with or arising out of any petition for an
amendment, applicable to the New Hanover County Zoning
Ordinance under Article XI therein.
This agency agreement shall continue in effect until written
notice of revocation by the owner is delivered to New Hanover
County.
Thi the 28 day of October 1994
A
OWNER
GENT
W. Chris Stephens
Vice President
Landmark Developers, Inc.
I NOV-17-94 09:28 FROM=LANDMARK
ID:7991455
PAGE 1/F
Inc
Fax Transmittal.
Deliver To: )From-
may= - - Date:
Vax Number -
Total Number of Pages: Ouclu hug Cover Shea) 05
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at 9191392-7201_
5022 Wrsahtsvi}le AVP. * P. 0. Rox 4127 + Wilminntnn N (- 7RAOR * (0101 M-M\ Inn ,,sar.
NOO-17-94 09=29 FROM=LANDMARK ID=7991455 PAGE 2/1
Memorandum
To: Adjoining property owner
From: Landmark Developers, Inc.
Ike_ Murrayville Station Rezoning Request
Date: November 15, 1994
As an adjoining property owner we would like to make you aware of
a county notice you will soon receive. It involves the rezoning
of the vacant property botween your house and the Food Lion.
We are requesting Conditional Use Zoning which means it is more
restrictive and binding than a Conventional Zoning request. The
whale purpose of which is to ensure compatibility with adjacent
land uses_
The project concept immediately adjacent to you involves 8 lots
approximately 1.5 acres in size zoned Conditional BT2. This is
similiar to the Food Lion zoning classification. Uses could
expect to be primarily retail and service oriented.
The following conditions and restrictions are voluntary
concessions made by Landmark to ensure compatibility:
BPIEEF3)gs
1_ in respect of buffers, we will provide a 50' minimum buffer
adjacent to residential property areas regardless of whether
a "residential use" is in place or whether it is a side
yard. (Generally side yards require less buffer)
2. Increase the buffer width adjacent to the $riarwood
residential area by 20' through the addition of a drainage
easement. Thereby resulting in an overall 70' minimum
buffer.
DRAINAGE
1. The site will be designed with a central pond as required by
state regulations with a controlled discharge rate.
NOWT-17-94 08:30 FROM:LANDMARK ID:7991455 PAGE 3/E'
TR.A.FFIC
1. Provide multiple entrance/exits to distribute traffic flow.
2. Provide right turn lane and acceleration lane off the
Highway 132 entrance if permitted by NCDOT.
3. Locate Kerr Avenue entrance sufficient distance from curve
(visibility) and Farley intersection.
4. No connections to adjacent residential streets.
FACILITY OPERATIONS/AESTHETICS
1. The existing cemetery and accessway will remain undisturbed.
2. Restrictive Covenants will be recorded which govern
Architectural appearance (building styles & materials).
3. The following uses in rear and side yards shall be shielded
from view from the property line of the residential use by
means of a Ida% opaque screening:
-dumpsters (if any)
-outside storage areas (if any)
-loading/unloading areas (if any)
4. Outside light fixtures shall be shielded in such a manner
that light from the fixture will not directly radiate into
the residential use buffer strip or beyond.
5. The maximum building height will be 351.
In addition the B-2 zone is restricted through county regulations
which govern the Special Highway Overlay District.
The information packaged to date involves zoning considerations
only. It is .important to recognize that detailed design cannot
begin until zoning approvals are in place. Following zoning
approvals a multitude of State, Federal, and Local regulations
must be addressed. Project continuation is subject to the
scrutiny and approvals of these regulators:
REGULATOR LAND
NHC Sedimentation Control Plan - required for
construction disturbance of one or more
acres. (This permit controls erosion)
NOV'-17-94 09=30 FROM=LANDMARK ID=7991455 PAGE 4/E
IaEM NPDES Notice of Intent Permit- required for
construction disturbance of five or more
acres. (This permit is an additional control
measure for larger disturbances)
WATER QUALITY
DEM stormwater Certification - required for
impervious surfaces and/or disturbances
greater than one acre in all 20 coastal
counties. (This permit controls stormwater
runoff and downstream/offsite impacts)
COE 404 Wetland Permit - required or any
disturbance of wetland areas. (This permit
protects/limits wetland impacts)
DEM 401 Water Quality Permit -required for any
discharge to waters of the U.S. which
requires a federal permit. (This permit is
required to validate the 404 Wetland Permit)
DEM Non -discharge Pemit - required for extension
of sanitary sewer system. (This permit assures
the integrity of the wastewater system design)
HEALTH
DEH dater supply Permit - required for extensions
of water supply systems. (This permit assures
the integrity of the water system design)
AIR
NHC Open Burning Permit - required for all
operations involving open burning. (This
permit limits burning operations)
TRANSPORTATION
NCDOT Street & Driveway approvals - required for
all public road dedications and connections
to public roads. Roadway and driveway design
standards are mandated by NCDOT. (This permit
assures that traffic safety and design
criteria are met)
Nh)'i-17-94 08:31 FROM=LANDMARK ID=7991455 PAGE 5/11
(The above regulations govern overall infrastructure improvements,
i.e. water, sewer, stormwater, erosion control, and paving.
individual facilities would be subject to additional regulations
including county compliance ,with the Conditional Use Permit.)
The remaining portion of the tract, ie that area west of the CP&L
utility Easement, will be zoned Conditional 1-1. The same
restrictions, conditions and regulator approvals are required_
The I-1 district is described as Light Industrial through the
County Zoning ordinance. According to county zoning regulations
the purpose of this district shall be to provide areas for those
uses of an industrial, warehousing, and storage nature which do not
Create an excessive amount of noise, odor, smoke, dust, air borne
debris, or other objecticnal characteristics which might be
detrimental to surrounding areas.
To help foster a better understanding a meeting will be held Nov.
22, 1994 from 7-9pm at the New Hanover County Library. (main
branch, upstairs) The purpose will be to discuss the project
concept or if you just want to ask questions feel free to call us
at 392-7201 & ask for Chris or Margaret.
Item # 2
Case:
Request:
Land Area:
Location:
Z-518, 12/94
R-15 and RA to CD(B-2) and CD(I-1),
Light Industrial
1
Cc�NTIWU_e D� �j
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V�� BY
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Pe,';f%Uner ,fo 6ce-9 LFnf� �rmr»
Business and 67ordern red. c
f2tv�Gu) 45S;bf Cul•drr-_t.
62.5 acres; 22.7 for CD(B-2), 39.8 for CD(I-1)
Between N. Kerr Avenue and N. College Road
Planning Board Summary
The Planning Board voted to rezone the property with several
modifications and the imposition of numerous design conditions.
They are as follows:
a. Rezone lots 2 thru 4 and 14 thru 27 and the cemetery parcel to
Conditional Use I-1, excluding however the triangular area in
the southwest perimeter of lot 21 and the northwest perimeter of
lot 26,
b. Rezone lots 10 thru 13 and the detention pond area to
Conditional Use B-1, excluding a small triangular area adjacent
to Parcel H owned by Jerry Raynor,
c. Establish a minimum 75 foot buffer along the east side of N.
Kerr Avenue adjacent to lots 21 thru 26,
d. Limit the building height of buildings along the N. Kerr Avenue
road frontage to two stories or 30 feet,
e. Exclude the following uses for eligibility from the I-1 District
portion of the project:
-adult entertainment establishments
-septic tank services
-dry clearing plants
-noise sensitive uses
-buildings used primarily as places of assembly, such as
schools, churches, day care services and related uses
f. No manufacturing activities shall be permitted on lots 21 thru
26 until a separate special use permit has been obtained,
g. All signage comply with the Special Highway Overlay District
standards for area and height,
i. Turning lanes be required along for the N. Kerr Avenue entrance
subject to NCDOT design standards,
j. The cemetery be preserved as a separate parcel and appropriate
access be granted the caretakers or future owners as applicable.
A number of residents from Farmington Subdivision, which is located
on the west side of N. Kerr Avenue across the street from the
project, spoke in opposition to the plan. They pointed out that
the planned industrial development would drive down their property
values, increase traffic hazards in an area already suffering
severe congestion, and possibly create health risks by introducing
the handling of hazardous materials, flammable and combustible
products and related materials in close proximity to residential
uses. An attorney retained by one of the neighbors offered similar
arguments. He also argued that the site plan as submitted was
insufficient because exact land uses planned for each lot were not
illustrated.
The modifications and conditions imposed by the Planning Board and
generally agreed to by the applicant reduced, some of the
opposition. It should be noted however several residents still
oppose the plan as long as access is permitted to N. Kerr Avenue.
Planning Staff Summary
This property is located in the southwest corner of a mid. -sized
commercial node formed by the intersection of NC 132, Murrayville
Road and Bavarian Lane. A wide variety of retail, business and
personal services can be found there. The largest of the tenants in
the node are grocery stores. All four corners of the intersection
are currently developed and very little undeveloped commercially
zoned property is available. Commercial land in the node is zoned
primarily B-2 Business. An attempt to rezone the AR zoned part of
the tract to R-15 was denied by the County in 1991.
The property is classified Urban Transition. This classification
encourages more intense urban development subject to provision of
public services. County sewer is available, however, due to
treatment capacity limitations, the applicant has been assigned an
allocation of only 10,000 gallons per day. Water services would be
provided by a private community system or on -site wells.
Commercial Policies for Growth and Development encourage sites to
be clustered along major roads at or very near intersections formed
by other major roads. Strip commercial development and
encroachment into residential areas is discouraged. Industrial
Policies for Growth and Development encourage sites that promote
land use compatibility between the commercial and residential
sectors as well as the local environment. Also, the policies
promote industrial diversification and the attraction of industries
to encourage the upward mobility of low and moderate income
persons.
Land use in the area, coupled with on -site impediments lends some
justification for the conversion of this land to some form of non-
residential use. The site is south of and adjacent to the
Murrayville Post Shopping Center, a well established strip center.
Also, the site is traversed by a 170' wide overhead electric
utility easement, reducing but not necessarily eliminating the
general appeal for residential lots there. Another significant
deterrent is the site's proximity to the New Hanover County
International Airport. The continued growth of the facility will
bring increased air pollution and noise, as well as greater safety
risks for nearby dwellings. The Airport Residential classification
limits the density one acre lots.
A major concern posed by the petition is how well adjoining
residential projects, including Brierwood to the south and
Farmington to the west, will be protected from development
ordinarily considered incompatible with residential uses.
Buffering, extended setbacks and other design measures will help
some. Also, restrictive covenants are planned that will govern the
architectural appearance of buildings, lighting, and the location
of outside storage and other items such as dumpsters.
Site Plan Summary
As noted, the applicant seeks to establish two distinct conditional
use districts: one for industrial use and one for business use.
1. The site consists of 62.5 acres--22.7 acres is proposed for
conditional use business and 39.8 acres for conditional use
industrial. The site would be subdivided into 27 lots ranging
in size from one to two acres.
2. There would be 8 business lots and 19 industrial lots.
3. Access to the site and through the site would be by newly
constructed private roads connecting N. College Road with N.
Kerr Avenue. Turn lanes and acceleration lanes will be
installed per NCDOT requirements.
4. Setbacks shall be in accordance with existing standards,
except that the site plan calls ,for the establishment of a
minimum 50' setback/buffer along the site's entire perimeter
excluding the N. College Road frontage and the area adjacent
to the existing B-2 District to the north. No building is
projected to exceed 35' feet in height.
5. The site plan provides general details concerning construction
timetables, traffic impacts, on -site vegetation and drainage.
Special Use Permit: Preliminary Staff Findings
1. The Board must find that the use will not materially endanger
the public health or safety if located where proposed and developed
according to the plan as submitted and approved.
a. The site is located in the Wrightsboro VFD District.
b. The site has a 10,000 gpd allocation for County sewer. Water
will be provided by private sources.
C. The site has access to three separate state -maintained roads.
d. Industries which create excessive smoke, airborne debris, dust
and other obnoxious discharges are not permitted.
2. The Board must find that the use meets all required conditions
and specifications of the Zoning Ordinance.
a. A site plan per requirements of the conditional use zoning
process has been submitted.
b. Setbacks and buffering standards equal or exceed the minimum
standards required for these types of uses.
3. The Board must find that the use will not substantially injure
the value of adjoining or abutting property or that the use is a
public necessity.
a. The applicant proposes to establish a minimum 50' foot buffer
around the project except where the site fronts S. College
Road and abuts the shopping center property.
b. The applicant proposed to limit building heights to 351.
C. The applicant also proposes to establish restrictive covenants
controlling architectural design of buildings, the placement
of outside storage, the location of dumpsters and loading
areas, and the orientation of outside lighting.
d. Access points will be limited.
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 plan of development for New Hanover County.
a. The site is located in close proximity to the New Hanover
County International Airport and is adjacent to a mid -sized
strip commercial center. The site is also traversed by a 170'
wide overhead electric utility easement.
The establishment of a conditional use district must be consistent
with the policies set forth in the Land Use Plan. Also, the
conditional use plan must set forth a design that promotes
transitional use activities which protect dissimilar uses that abut
or are near the site. The proposed plan is generally consistent
with the Land Use Plan. However, Staff recommends that the area
adjacent to,
:Brierwood Subdivision and -the planned access road be
classified CD (O-I) instead of B-2. This would allow a better
transition to the commercial properties to.the north. Staff also
recommends that signage on NC 132, N. Kerr Avenue and Farley Road
be limited to the same standard as required in the Special Highway
Overlay District.
It is difficult to project the ultimate impact the project will
have on the local traffic situation. Whatever is developed there,
the level of existing congestion will certainly increase,
especially during peak periods.
PETITION SUMMARY SHEET
Petition Number: Z-518, 12/94
Owner:
J. Reeves Representative: Landmark Defiers
Request: AR & R-15 to CD (B- 2) & CD (IXjreage• 62.5
3400-003-001 Location: N Collette, N. K
Tar. IID Number.err
-
LAND USE, ZONINGS UTILITIES and SERVICES
Land Classification: Urban Transition
Existing Land Use: _ Vacant
zoning History: ` Area on i a -
Part of site zoned B72 November 1991. Part:.Of site ren"Ast.Pd 'fnr- z-15
November 1991 but de P
Water Type: Community
School District: Johnson K- 5
MISCELLANEOUS PHYSICAL CHARACTERISTICS
Watershed andWater Quality Classification*
Smith Creek C (sw) - -----
Aquifer Recharge Area: Transition between Primary and Secondary Area
None --
Conservation Resources: -
Historic Landmarks and Archeological Sites: Q
Soil Type(s) and Class:
Primarily Baymeade (Bey Sraa l�P)--•--.---.
Septic Tank Suitability: Class II
Prime Agricultural Soils: - None
Building Suitability: Mode
Ref: Special Use Permit
General Requirement #1
•The Board must find "that the use will not materially endanger
the public health or safety if located where proposed and
developed according to the plan as submitted and approved."
Statement by Applicant:
Public health and safety has been considered through Conditional
Use provisions which address buffers, drainage, traffic and
facility operations.
General Requirement #2
The Board must find "that the use meets all required conditions
and specifications" of the Zoning Ordinance."
Statement by Applicant:
The proposeduses will meet all the dimensional requirements
applicable to the B-2 and I-1 zoning districts. In addition the
special requirements of the Airport District have been
incorporated into the Conditional Use Permit.
General Requirement #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."
Statement by Applicant:
The adjoining commercial property will most likely benefit.
Adjoining residential properties will be buffered with a minimum
50' buffer. Water and sewer services will be available as a
result of this project. Infrastructure improvements increase
property values.
General Requirement #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."
Statement by Applicant:
The plan of development for New Hanover County (1993) recognizes
that future land use needs for Office and Institutional,
Commercial, Transportation, Utilities & Communications and
Industrial will increase 30%, 27%, 54%, and 64% respectively by
the year 2020. It also states that intensive development is
expected to occur east of the airport. This project will conform
with the development plan and be in harmony with an established
commercial node.
REF: Conditional Use Zoning Petition
1. How would the requested change be consistent with the County's
Policies for Growth and Development?
The property is adjacent to a major arterial (Highway 132) and
along a collector road (North Kerr Ave.). A regional shopping
center, zoned B-2, adjoins the property along its northeast
quadrant.
In accordance with the 1993 Commercial Development Policy,
"Commercial development projects shall be encouraged to locate in
designated commercial nodes which already contain public
services, including transportation, required by the projects, or
in areas in which the needed services are readily available."
The proposed B-2 area would expand an existing commercial node in
an area where services are available.
Similarly the Industrial Development Policy states "the City and
County shall encourage land use compatibility between the new
industrial sector and the residential and commercial sectors."
Establishing an I-1 Conditional Use District supports this
philosophy.
2. How would the requested Conditional Use District be consistent
with the property's classification on the County's band
Classification Map?
The Land Classification map defines the project area as Urban
Transition. " The purpose of the Urban Transition classification
is to provide for future intensive urban development on lands
that have been or will be provided with necessary urban
services."
The Implementation Measures outlined in the 1993 Growth &
Development Plan infer that Urban Transition areas, i.e.
transportation, public services, are appropriate areas for
commercial and light.industrial areas.
3. What significant neighborhood changes have occurred to make
the original zoning inappropriate, or how is the land involved
unsuitable for the uses permitted under the existing zoning?
The most notable neighborhood change includes the completion of
U.S. Interstate 40 and establishment of a Special Highway Overlay
District within the presently zoned R-15 area. The proximity of
two major highways (Hwy 132 and I-40) make this site less
desirable from a residential perspective.
In addition the New Hanover County Airport plans to extend its
eastern runway to accomodate precision approach landings. Flight
approach layouts indicate that the project site
is within this approach corridor and that airplanes would be at
an approximate elevation of 182' MSL. This also makes it
undesirable from a residential perspective.
4. List proposed conditions and restrictions that would mitigate
the impacts of the proposed use.
BUFFERS
1. In respect to buffers, we will provide a 50' minimum
buffer adjacent to residential property areas regardless of
whether a "residential use" is in place or whether it is a
side yard. (Generally side yards require less buffer)
2. Increase the buffer depth adjacent to the Briarwood
residential area by 20' through the addition of a drainage
easement adjacent to the buffer.
DRAINAGE
1. The site will be designed with a central pond as required by
State regulations with a controlled discharge rate.
TRAFFIC
1. Provide multiple entrance/exits to distribute traffic flow.
2. Provide right turn lane and acceleration lane off the
Highway 132 entrance if permitted by NCDOT.
3. Locate Kerr Avenue entrance sufficient distance from curve
(visibility) and Farley intersection.
FACILITY OPERATIONSIAESTHETICS
1. The existing cemetery and accessway will remain undisturbed.
2. Restrictive Covenants will be recorded which govern
Architectural appearance (building styles & materials).
3. The following uses in rear and side yards shall be shielded
from view from the property line of the residential use by
means of a 100% opaque screening:
-dumpsters
-outside storage areas
-loading/unloading areas
4. Outside light fixtures shall be shielded in such a manner
that light from the fixture will not directly radiate into
the residential use buffer strip or beyond.
5. The maximum building height will be 351.
6. Industrial uses which create excessive smoke, dust or
airborne debris are expressly excluded from I-1 districts.
This will address the special requirements pertaining to
visual hazards within the airport district.
Ref: Conditional Use Zoning Petition Site Plan Project Narrative
- Total project area is 62.5 acres. Of this total 22.7 acres is
proposed as Conditional B-2 and 39.8 acres is proposed as
Conditional I-1.
- The project concept includes 27 lots which vary in size from 1
to 2 acres.
Based on stormwater criteria the impervious area per lot
(structures, parking, etc.) shall not exceed 60%.
The type of structures and square footage are variable. The
height of the buildings shall not exceed 35'.
Setbacks will be in accordance with I-1 and B-2 requirements.
A 50' front yard shall be maintained on all lots exclusive of
the SHOD zone, which shall be 1001. For the B-2 portion, rear
yards shall be calculated based on the building height X 3.73.
Similarly side yards but with a multiplier of 2.75. The I-1-
portion shall have rear yards calculated based on the building
height X 4.33 with a side yard multiplier of 3.08.
A 50' minimum buffer will be required adjacent to all
residential areas regardless of current use. As with setbacks
the buffer widths will vary from 50' minimum to 76' maximum.
- The Development Schedule will involve site improvements for a
private road and building construction for leased units.
Infrastructure improvements include water, sewer, stormwater,
and paving.
Design and permit acquisition will take about 6 months. Site
improvements will take about 2 months. Building construction
for the entire site is anticipated at 5 years.
- Three points of ingress/egress are provided. Turn lanes and
acceleration lanes will be installed in accordance with NCDOT
as required.
Trip Generation rates were evaluated on the basis of General
Light Industrial. Average weekday vehicle trips on a per acre
basis for buildings ranging in size from 21,000 SF to 328,000
SF is 52. (Based on impervious limits buildings are estimated
to average 24,000 SF)
Trip Generation rates for the B-2 portion were evaluated based
on.a shopping center. Centers with less than 50,000 GSF
generate 118 trips per 1,000 GSF of leased area. (Based on
impervious limits buildings are estimated to average 22,000
SF.)
- Site vegetation is a mixed stand of Longleaf Pines and Turkey
Oaks. The B-2 portion has been timbered and vegetation
appears about 5 years old. The remaining tract consists of
older vegetation about 20 years old.