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200506 June PBM MINUTES OF THE NEW HANOVER COUNTY PLANNING BOARD MEETING June 2, 2005 The New Hanover County Planning Board met Thursday, June 2, 2005 at 7:00 p.m. in the County Court House, 24 North Third Street, Wilmington, NC to hold a public meeting. Members Present: Staff Present: Walter Conlogue, Chairman Dexter Hayes, Planning Director David Girardot, Vice Chairman Steve Scruggs, GIS Technician David Adams Linda Keough, Administrative Secretary Sue Hayes Holt Moore, Assistant County Attorney Robin Robinson Absent: Frank Smith Sandra Spiers Chairman Conlogue opened the meeting by welcoming those present to the public hearing. Dexter Hayes led the reciting of the Pledge of Allegiance to the Flag. Chairman Conlogue proceeded with the approval of the minutes. Robin Robinson made a motion to approve the May minutes. Sue Hayes seconded the motion. The Board approved May 5, 2005 minutes by a vote of 5-0. Item 1: Rezoning - Request by Withers & Ravenel for Waverly Investments, Inc. to rezone approximately 0.88 acres of property located at 8015 Market Street, west side from R-15 Residential to 0&1 Office & Institutional. (Z-797, 06/05) Dexter Hayes gave a brief review of the request, agency comments and related information. Cindee Wolf representing Dr. Jim Barnes of Waverly, stated that she would like to request that the O&I zoning request include the strip of land owned by the YMCA and adjoining the B-2 zoning. Ms. Wolf added that the request is a straight rezoning and felt that O&I zoning would be appropriate for the area. Robin Robinson asked staff if they would object to including the additional strip. Dexter Hayes replied that he did not see a problem and that it is the only frontage for the rear portion of property. Dexter Hayes provided the staff summary: STAFF SUMMARY: The petitioner is requesting a rezoning from R-15 Residential to O&I Office and Institutional. The subject property is located on the west side of Market Street near Sweetwater Drive and has approximately 150 feet of road frontage on Market Street. The 1 property adjacent and southwest of the request was rezoned to O&I in July, 2003 and is presently vacant. To the north is an area on B-2 Highway Business that was purchased by the hospital several years ago. Across the street from the subject property is an I-1 Light Industrial District, which has a variety of small retail and health care type businesses. Commercial & professional office land uses located near the rezoning request are either developed or scheduled to become developed in the near future. This development is direct response to the increasing demand for services from residential neighborhoods located nearby. Development of this property will require a NCDOT Driveway Permit, which may result in additional road improvements near Sweetwater Drive and Market Street. The O&I district classification does not preclude residential uses and is typically and historically used as a transition between more intense land uses. The proposed rezoning request is a good transition to nearby commercial property and is a logical extension to the existing O&I district approved in 2003. For these reasons, staff recommends approval of the applicant's request. Chairman Conlogue asked Holt Moore, Assistant County Attorney if he thought there would be a problem with extending the zoning across the driveway. Mr. Moore replied that he did not see a problem adding that it does not seem likely that there would be construction in that particular path. Robin Robinson stated that it would be a good transition. Robin Robinson made a motion to recommend approval of the rezoning request and to include the YMCA frontage over to the B-2 zoning district. David Girardot seconded the motion. The Board approved the motion with a 5-0 vote. Item 2. Rezoning - Request by Withers & Ravenel for Gulf Stream Foods of NC, Inc. to rezone approximately 1.07 acres of property located at 6 Silva Terra Drive and 4624 Carolina Beach Road from R-15 Residential to CD (O&I) Office & Institutional (Z-798, 06/05). Dexter Hayes gave a brief review of the request, agency comments and related information. Cindee Wolf, Withers & Ravenel representing Gulf Stream Foods, Inc. stated that due to the development that has taken place in the area and across the street it is not likely that anyone would place a residential home on the property. She further stated that the owners are proposing to place a small office building for their own office use on the site. Ron Robinson of McThrift Office Furniture of Wilmington, explained that he is proposing to purchase the property for his business. He explained that his business is not a warehouse type of business and is planning to use the site for his office consisting of design and planning as well as having two tenants who will use the facility for their own professional office use. Dexter Hayes provided the staff summary. 2 STAFF SUMMARY: The subject property consists of two adjoining parcels of land located at the northwest corner of Silva Terra Drive and Carolina Beach Road. Road frontage of the two parcels along Carolina Beach Road is approximately 200 feet and along Silva Terra Drive approximately 240 feet. Surrounding land use patterns (residential - Silva Terra) to the west, north and south have not changed since the original zoning in 1971. Across Carolina Beach Road is a CD (B-1) District that was created in 2003 and most recently a CD(O&I District) was approved 400 feet south of Silva Terra Drive on the west side of Carolina Beach Road. An additional O&I District is located approximately 1,800 south of the subject property at the corner of Horn and Carolina Beach Roads. The applicant's proposed site plan design displays an 8,000 square foot office building with road access from Silva Terra Drive. Traffic volume along Carolina Beach Road near the property is excess of 35,000 vehicles essentially reduces the desirability of access on Carolina Beach Road. The access is approximately 170 feet from a signalized intersection with Carolina Beach Road. This road intersection is scheduled to become a 4-way intersection as the Belle Meade project across the street continues to expand. Adequate parking and appropriate building setbacks/buffers will be provided west and north of the proposed facility. Given the relatively small nature of the site (1.07 acres), significant land use options are somewhat limited. The property could remain residential with the lots re-configured to front on Silva Terra. Given the small size of the site and the County's policies for discouraging the striping out parcels of land to commercial and office use along major arterials, and considering the negative affects on the remaining residential lots at the Silva Terra entrance, staff recommends that the property remain residential. David Girardot stated that he felt that the property could be used for residential. He added that he did not see a reason for rezoning the property. Sue Hayes agreed. Robin Robinson asked what the current uses are on the O&I (CD) property to the south and B-1 (CD) property across the street. Dexter Hayes replied that the B-1 (CD) property is being proposed for grocery, office, and an elderly housing project and then it transitions into a residential subdivision, which is under construction. David Adams stated that he thought this project would be an excellent buffer from the residential area. There was further discussion between the Planning Board members and the applicant regarding the architectural design and limiting the uses to professional office. Cindee Wolf stated that they would agree to limiting the use to professional offices. David Adams made a motion to continue the request to allow the applicant to come back to the Board with an architectural design and more detailed landscape plan. Robin Robinson seconded the motion. Board approved the motion with a 5-0 vote. Items 3: Rezoning - Request by Samm, Inc. for Mattocks et al to rezone approximately 16.81 acres of property located between the 8600 & 8700 blocks of 3 Market Street, east side, from R-15 Residential to B-1 Neighborhood Business and rezone approximately 9.22 acres of property from R-15 Residential/B-1 Neighborhood Business to B-2 Highway Business (Z-799, 06/05). Dexter Hayes gave a brief review of the request, agency comments and related information. Eugene Hines, Jr., representing family members who are property owners, stated that they do not have plans to come back to the area and use their property to build homes. Tim Fuller representing the property owners on the petition, stated that the property is located in a commercial corridor, which will become a major service and access road. He stated that rezoning the property would enable the owners to provide commercial services at a major intersection and that the impact of the new bypass would play an important role. He added that the petition is consistent with New Hanover County Land Use goals and would serve the neighborhood in a beneficial way. Dexter Hayes provided the staff summary. STAFF SUMMARY: As displayed on the attached zoning map of adjoining landowners, this rezoning petition involves a total of nine (9) landowners and two (2) different requests. The first request (8) landowners, 16.81 acres) involves a rezoning from R-15 Residential to B-1 Neighborhood Business. The second request involves (1 landowner, 9.22 acres) a rezoning from R-15 Residential and B-1 Neighborhood Business to B-2. The existing B- 1 District shown as a part of the second request is a result of previously existing land uses in 1971 when the area was originally zoned. A petition to rezone the same area was withdrawn by another applicant in November, 2000. to the south of Futch Creek Road is an existing B-2 District which was established in 1974. Market Street road frontage for both rezoning requests is approximately 1,200 feet with the first request containing approximately 650 feet, the second request approximately 550 feet. Proposed commercial depth ranges from approximately 1,000 feet to approximately 600 feet. Both requests will have access from the Market Street Service Road that runs parallel to the property. The 1999 Comprehensive Plan encourages the development of commercial nodes at major intersections and to locate community level services and retail needs at key intersections. Although the location of the properties is near a major intersection (Market & Futch Creek Roads), access is going to be from a parallel service road that runs from near Porters Neck Road northeast to the Kirkwood Community. This service road is a part of the Highway 17 Bypass (I-I40) that is projected to be competed in the Fall, 2006. The construction of this Bypass is going to have a major impact on properties in this area with pressures to change the current land use patterns. A property rezoning to O&I located almost directly across Market Street from the applicant's request was approved in March 2003. The time line (24 months) for requesting a building permit for that property has expired. 4 With the traffic lanes being shifted to the west and because the properties along the east side of Market Street will only be accessed by the local service road, it appears that the east side of Market should remain viable for continued development of residential projects. Presently, one established residential neighborhood has a road stub leading into the proposed B-2 request. Residential growth in the Porters Neck area, especially along Futch Creek Road has been phenomenonal over the past several years. This growth has been a product of the extension of public water and sewer lines that have recently been installed. At this time, the Porters Neck Shopping Center, Oak landing Shopping Center, and a variety of medical services located near the intersection of Porters Neck Road and Market Street serve the needs of the Porters Neck Community. The availability of these services has direct access to Market Street. Another retail center is planned for the Market Street crossover at Kirkwood where a relocated hardware store is about to open. These two retail centers should provide more than adequate services for the nearby neighborhoods. Commercial development that will need to enter and exit from the four lane divided highway should be discouraged. Staff recommends denial to both requests. Walter Conlogue asked staff about the O&I rezoned property directly across Market Street. Dexter Hayes explained that after the property was rezoned the applicant had 24 months to submit plans for a building permit. He added that no building plans have been submitted and the 24 month period has expired. Therefore, the Planning staff will be requesting a change back to the original R-15 zoning. Sue Hayes asked how far the petitioned property is from Porter's Neck Road. Dexter Hayes replied that it is approximately one mile. Tim Fuller stated that when the DOT interchange is completed the residents from this area would have to travel much farther than one mile to get to the Porter's Neck commercial area. David Adams stated that the applicant's proposal does make use of several pieces of property and felt that there would be a demand for the commercial uses. However, he expressed concern regarding the depth of the project and traffic. Robin Robinson suggested reducing the depth of the request to allow a better transition to the residential area. David Girardot stated that reducing the depth is a good suggestion. Sue Hayes expressed her concerns regarding the size of the project and that this would be a major shopping center on a two-way service road. There was further discussion regarding the depth, traffic patterns and SHOD lines. Robin Robinson made a motion to recommend approval of a portion of the property owned by several individuals from R-15 Residential to B-1 Neighborhood Business and all of the 9.22 acres of property owned by King Brothers Company from R-15 Residential/B-1 Neighborhood Business to B-2 Highway Business. The depth would follow a line extended from the area of the proposed B-2 district to the SE corner of the 5 B-1 (CD) district. David Girardot seconded the motion. The Board approved the motion with a 4-1 vote (Sue Hayes against). Item 4: Special Use Permit - Request by Ron sparks for Hope Child Care & Development Center to consider a Special Use Permit to locate a daycare facility in a R-15 Residential District located at 4905 South College Road, east side. (5-531, 06/05) Dexter Hayes gave a brief review of the request, agency comments and related information. Ron Sparks, applicant for Hope Child Care & Development Center, stated that the proposed day care's purpose is to provide affordable day care to approximately 100 children. He explained that the main entrance would be located in the front of the building for easy access and security. He added that there is a back entrance for drop off, if needed. Pamela DeSelms Greenbriar resident, stated that she was representing the residents in Greenbriar subdivision who are opposed. She added that the residents on Foxwood Lane behind the facility are opposed to the rear access. Ms. DeSelms stated that there is a day care nearby that will be opening back up. Dennis Griffin, Greenbriar resident, stated that he is concerned about the accidents in the area. He suggested that DOT come back and do another traffic study for the area. Lorraine Sutton, 865 Greenbriar Road, stated that the overflow parking and traffic would take place in front of her home. Nancy Dasbach, 834 Billmark Drive, stated that there is a preschool behind McDonalds and they do not need another facility in the area. Dexter Hayes provided the preliminary staff findings. 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 child daycare facility will be served by public water and sewer. B. The daycare is proposed to have approximately 100 children. C. The existing facility will also house an elementary school and church. Elementary schools and churches are permitted in R-15 Residential Districts. D. Access to the site will be a single driveway from South College Road. College Road is classified as an arterial road on the County's Thoroughfare Classification Plan. E. The site is located within the Myrtle Grove VFD. F. Total area of the site is 4.04 acres. 6 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is located in an R-15 Residential District. A child daycare facility is permitted by Special Use Permit. B. A site plan has been submitted displaying the existing school (12,128 sq. ft.), and future family life center (14,048 sq. ft.). C. Existing setbacks, bufferyards, and parking will need to meet the County's Zoning Ordinance. 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 surrounding land use is R-15 Residential. B. An existing storm detention pond is located on site. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 1999 Land Classification Plan identifies this area as Resource Protection. This class provides for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. B. The primary land use adjoining the subject site area is residential with B-2 Highway Business and other institutional uses located nearby. Planning Staff Comments 1. Staff recommends the creation of a child drop-off and pick-up area to the rear of the property at Foxwood Lane. 2. Staff recommends that the existing NCDOT Driveway Permit for the project be reviewed by NCDOT for the change of use. David Girardot stated that this is an excellent use for the property adding that it has been vacant for over a year. Ron Sparks stated that his facility has a soccer field, which could be used for over-flow parking, if needed. He added that there is a retention pond onsite for drainage. Marta Jo Slater formerly co-director of United Advent Christian Church day care, stated that she is hoping to be director of this proposed day care. She stated that there is very little quality day care in the area. Robin Robinson asked about the rear entrance situation. Dexter Hayes replied that it is suggested that they use the rear entrance as an alternative drop off if needed. Sue Hayes asked if the gate would be unlocked if someone in the residential area wanted to enter from the rear entrance. Mr. Sparks replied that there would be an arrangement made with that individual and the school officials to have the gate unlocked for entry. Mr. Sparks stated that there is an existing tent located at that entrance at this time for students to wait in bad weather and/or shade. 7 David Girardot made a motion to recommend approval of the special use permit request with staff recommendations. David Adams seconded the motion. The Board approved the motion with a 5-0 vote. Dexter Hayes provided the TRC report. ? West Bay Estates 7 - (north of Market Street-Middle Sound intersection) • Performance Residential • 119 Lots • Public water & sewer • 35.92 acres ? Myrtle Landing (near 7200 block Myrtle Grove Road, west side) 0 78 lots • City Water • County sewer • 31 acres ? Pages Landing (Dunbar Road, Middle Sound) Revisit Street Designation) • Public road (TRC voted to leave road leading into subdivision public) • 9 lots Dexter Hayes informed the Planning Board members that there is a worksession scheduled with the Planning Board members and the applicant and architect for the proposed medical complex located in the Porters Neck Scott's Hill area on Wednesday, June 8u, immediately following the 2:00 p.m. TRC meeting. Holt Moore stated that he did some research on boat slip regulations and found that in the Town of Bath they had adopted some restrictions regarding boat slips in shallow water in their Historic area. He added that he would pursue further if the Board desires. Dexter Hayes stated that another issue is whether the County has the authority to deny someone from building a pier regardless of the depth the water. Holt Moore replied that it would depend on whether or not if there were a valid enough reason adding that he looked into the criteria in CAMA for this type of project and found there are several requirements that have to be met. Mr. Moore added that he would follow this particular case through the various stages of the approval process and inform the Board members. Sue Hayes stated that at the April 2005 meeting a Text Amendment request was presented for residential uses in commercial districts by special use permit and asked the status. Dexter Hayes replied that they had expected that the draft policy on land use classifications would be completed by this meeting. He added that they just finished up the draft this week and he had informed Howard Penton (text amendment applicant) of the delay. Sue Hayes made a motion to continue Howard Penton's text amendment application for another 60 days. Robin Robinson seconded the motion. The Board approved the motion unanimously. 8 David Girardot made a motion to adjourn the meeting. Sue Hayes seconded the motion. The Board unanimously approved the motion. The meeting adjourned at 10:10 p.m. Dexter Hayes, Planning Director 9