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200507 July PBM MINUTES OF THE NEW HANOVER COUNTY PLANNING BOARD MEETING July 7, 2005 The New Hanover County Planning Board met Thursday, July 7, 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 Sam Burgess, Planner David Adams Linda Keough, Administrative Secretary Sue Hayes Holt Moore, Assistant County Attorney Frank Smith Sandra Spiers Absent: Robin Robinson Chairman Conlogue opened the meeting by welcoming those present to the public hearing. Sam Burgess led the reciting of the Pledge of Allegiance to the Flag. Chairman Conlogue proceeded with the approval of the minutes. David Girardot made a motion to approve the June minutes. David Adams seconded the motion. The Board approved June 2, 2005 minutes by a vote of 6-0. Item 1: Rezoning - Request by Withers & Ravenel for Gulf Stream Foods of NC. 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 (0&1) Office & Institutional. (Z-798, 06/05) Sam Burgess gave a brief review of the request, agency comments and related information. Cindee Wolf representing Gulf Streams Foods of NC, stated that she has provided a more accurate building elevation and landscape plan for the proposed site. She added that there would be no parking in front of the building Matthew DiGioia, developer of Belle Meade Plaza, stated that he is not against the project. However, he has done a traffic impact analysis, which requires him to make some road improvements to the area. He added that he feels that the applicant for this project should share in the cost of these road improvements since this project would affect the same intersection. Cindee Wolf stated that they would certainly comply with the DOT requirements based upon their driveway permit when it is applied for. 1 Dexter Hayes explained that this is a continued item from the June Planning Board agenda. He added that one adjacent property owner from Silva Terra called and expressed her opposition to the project. Mr. Hayes also stated that this project falls below the threshold for a TIA study. However, he suggested that if the Board is in favor of the request they could consider making a condition that the owner contribute a pro-rate share to road improvements based upon trip generation for the facility and proposed uses. He added that the Planning Department is recommending denial based on the potential for the property to still be used for residential use. Sue Hayes stated that she felt that the property should remain residential since there are people living across the street and it is surrounded by residentially zoned areas. David Girardot expressed the same concerns and did not see the need for rezoning. Sandra Spiers stated that she would not like to live in a home on that strip and felt that it would turn into a vacant lot if it is developed as proposed. Frank Smith stated that he agreed that the property is surrounded by residential development and could possibly be developed as residential. David Adams expressed concerns that the criteria for the proposed project as indicated on the special use permit could be met however; the Planning Department is still recommending denial. Dexter Hayes explained that decisions for the land use pattern is a legislative process. However, the staff always prepares the Findings of Fact in a positive manner to allow the Board to move forward if they chose to. Walter Conlogue stated that he felt that it is premature to rezone the property to commercial and there is still potential to develop as residential if the lots were reconfigured. David Girardot made a motion to deny the request. Sue Hayes seconded the motion The Board approved the motion with a vote of 4-2 (Sandra Spiers & David Adams against). Item 2: Rezoning - Request by Withers & Ravenel for Harold & Brenda Leonard to rezone approximately 1.01 acres of property located at 5203 & 5207 Castle Hayne Road, from RA Rural Agricultural to CD(B-2) Highway Business. (Z-800, 07/05) Sam Burgess gave a brief review of the request, agency comments and related information. Cindee Wolf Withers & Ravenel, explained that this is an existing business, which has been there for over twenty years and a nonconforming use. The owner only customizes cars and wants to improve his property to come into conformance while adding another building and workshop to the existing business. Dexter Hayes provided the staff summary. STAFF SUMMARY: The subject property is located on the west side of Castle Hayne Road just south of the merging intersections of Castle Hayne Road and North College Road in the Castle Hayne Community. Approximately 1.01 acres of property is being requested by the applicant to 2 be rezoned to CD(B-2). As noted on the site map, existing zoning districts located nearby include RA to the west, B-2 to the northeast, and a R-20 District located southeast of the subject property. Most of these zoning districts were established when Castle Hayne was zoned in July, 1985. Specifically, the applicant's request is to expand the existing non-conforming use of a custom car shop that has been in operation for several years. The present operation has an existing building of approximately 2,880 square feet in size that fronts Castle Hayne Road. The proposed building expansion is detached from the existing structure and is located toward the rear of the property. The new building is proposed to contain approximately 2,400 square feet with a maximum building height of 14 feet. An existing garage and rental home are also located on site. This petition to rezone the property to expand an existing non-conforming custom car shop to CD(B-2) is problematic. The County's intent on zoning the Castle Hayne area to RA Rural Agriculture was to maintain a rural setting with a low residential density. Retail services within the Community Classification are to be located within the downtown area of Castle Hayne. Residential land use is evident by existing and new homes being constructed nearby. With Prince George Creek running south of the property, environmental challenges may also exist if the proposed use were to expand. For these reasons, Staff recommends that the existing use of the property remain nonconforming and that the petitioner's request to rezone the property to CD(B-2) be denied. Frank Smith asked if the property is rezoned as a conditional use can the business be transferred to another use. Dexter Hayes replied that it can only be used for whatever use is placed on the conditional use permit. Holt Moore, Assistant County Attorney, stated that if it is approved with one specific use it could only be used as approved. Cindee Wolf stated that all the owner is trying to do is improve his business and he is willing to accept a condition that it be used only for a custom car shop. Holt Moore stated that if the business should at any time remain inactive for six (6) months or more it will have to comply with the current zoning and become residential. Sue Hayes stated that she feels that it is a nonconforming business and did not agree with expanding the business and if it does go out of business she would like to see it go back to residential. Sandra Spiers stated that there is B-2 zoning across the street and the applicant has already changed the use to something more friendly to the environment. Frank Smith stated his concerns for restricting someone who has been operating a business several years. He suggested augmenting the landscaping along the street yard to enhance the appearance without restricting the owner's trade. Frank Smith made a motion to approve the rezoning request allowing custom car business only with no gas sales or service and increase the landscaping buffer on the frontage street to low buffer standards (36" minimum height) on both sides of the 3 driveway. Sandra Spiers seconded the motion. The Board approved the motion with a 4-2 vote (Sue Hayes & David Girardot opposed). Item 3: Rezoning - Request by Park Lake Properties to rezone approximately 104.6 acres of property located between the 2000 & 2100 blocks of Castle Hayne Road, west side, from R-20 Residential to R-15 Residential (Z-801, 07/05). Sam Burgess gave a brief review of the request, agency comments and related information. Robert Balland representing Park Lake Properties, stated that he would like to withdraw the application for 30 days to allow time to meet with the staff to discuss the project further. Chris Miller, neighboring property owner, asked for an explanation between R-15 and R- 20 zoning. Dexter Hayes replied by explaining the difference in the minimum lot size for each zoning. Mr. Miller stated that there is a 20-acre pond on the property already and questioned placing 199 lots on the property. Dexter Hayes responded stating that there was a previous plan submitted but was it never approved by TRC. Chris Miller explained that they intend to contact the neighboring homeowners and meet with them to discuss their plans. Frank Smith made a motion to continue the item for 30 days. David Girardot seconded the motion. The Board approved the motion with a vote of 6-0. Item 4: Rezoning - Request by Howard Capps for James Wicker to rezone approximately 4.46 acres of property located at 4601 Gordon Road, from R-15 Residential to CD (B-1) Neighborhood Business. (Z-802, 07/05) Sam Burgess gave a brief review of the request, agency comments and related information. Howard Capps, representing James Wicker, stated that Mr. Wicker has had over 21 years experience owning and operating convenience centers. Mr. Wicker felt that this was an excellent location to place a convenience center and had discussed this with the New Hanover County Planning Department. After discussing with the Planning Department, Mr. Wicker purchased the property. Mr. Capps stated that he also feels that this is an excellent site for this use. Mr. Capps provided maps reflecting the existing zoning pattern. He added that they feel that this intersection is not appropriate for residential development. Ms. Willeby Evans, adjacent property owner, stated that there are property owners who have homes that have been there for 35-40 years. Ms. Evans expressed her concerns regarding the traffic generated from the proposed project. She stated that she is opposed to the project. 4 William McGlenn, neighborhood resident, stated that there is a new residential development proposed in this area, which will generate more traffic. He stated that he is concerned about the possibility of an increase in accidents and is opposed to the project. Dexter Hayes provided the staff summary. STAFF SUMMARY: The subject property is located at the northwest corner of Gordon Road and the acceleration ramp leading to I-40 North. With the exception of the ram to the west, property to the east and north is zoned R-15 Residential. Jordan Tract Townhomes (undeveloped) and Weaver Acres are located to the east of the subject property. A mobile home is located adjacent and east of the site. Property located directly across the street is also R-15 with an O&I District located nearby to the east. A more significant district of B-2 Highway Commercial is located south of the O&I District on North College Road. Both districts are presently vacant. The applicant's request to rezone property from R-15 Residential to CD (B-1) involves a 4.46 acre tract. The proposal includes a 3,500 square foot convenience center, small car wash, three gas pump islands, and a 2,400 square foot dry boat facility. Stormwater will be controlled by a detention pond located to the rear of the site. Access to the site from Gordon Road will be through an improved 60-foot access easement. Appropriate setbacks and buffer yards appear to meet the requirements of the Zoning Ordinance and the Special Highway Overlay District. The back portion of the tract is located within the 100-year flood boundary. No proposed structures will be impacted by this flood zone. While there may be a need for a convenience center gas service, and boat facility near this location, staff has serious concerns with the existing amount of traffic that utilizes Gordon Road on a daily basis (22,300 average trips per day - August, '05 data) and traffic movement safety issues coming from the site based on the close proximity to the proposed curb cut leading into the property and the ingress and egress ramp leading to I- 40. While current setbacks and buffer yards will be utilized along the east side of the property, the proposal may still be intrusive to the existing R-15 property to the east. Presently, the best use of the property is for it to remain R-15 with the opportunity for internal access and development with adjoining properties. This would eliminate any need for a driveway access close to the I-40 ramp(s). For these reasons, staff recommends denial. Frank Smith stated that he did not see a problem with placing a convenience store at this location since it is in compliance with the land use plan and land classification map. He added that it would be a convenience for the people in the area. Sue Hayes stated that she felt that it would generate a great deal more traffic. Sandra Spiers and Chairman Conlogue agreed that it would be a good location for a convenience store considering its distance from the interstate. Chairman Conlogue added that he felt that a TIA study should be done. 5 David Adams stated that placing a convenience store at this location would complicate things further for travelers trying to find the entrance to I-40. Dexter Hayes stated that this site has extremely poor access, which would complicate ingress and egress. James Wicker, owner of the property, stated that convenience stores do not create more traffic adding that they just provide a service for the traffic that is already on the road. Mr. Wicker stated that he would be willing to have a TIA prepared. Mr. Girardot stated that he felt that this is an ideal location for this type of facility but felt that a traffic study should be done. Frank Smith made a motion to continue the rezoning request and bring back for review after a TIA study has been completed. David Adams seconded the motion. The Board approved the motion with a vote of 6-0. Item 5: Rezoning - Request by Ocean Highway Baptist/Liberty Ministries to rezone approximately 2.03 acres of property located 7957 Market Street, from R-15 Residential to O&I Office and Institutional (Z-804), 07/05). Sam Burgess gave a brief review of the request, agency comments and related information. Gene Tilley, Ocean Highway Baptist Church Pastor, stated that this request is for O&I zoning since they are selling the property and relocating the ministry. Dexter Hayes provided the staff summary. STAFF SUMMARY: The subject property is located near the southern fringes of the Porters Neck Community, west side of Market Street. Several zoning districts exist near the rezoning proposal. South and west of the property is a large residential zoning district that includes the neighborhoods of Brickstone and Mendenhall. To the north and fronting the entrance to Mendenhall is an existing O&I District that was recently established in August, 2004. Directly across the street from the subject property is a commercial strip center within an undeveloped area of B-2 Highway Business to the north. With the construction of water and sewer lines in the Porters Neck & Ogden Communities, this area has witnessed significant residential growth during the past 10 years. This residential growth has created a huge demand for goods and services. This growth has also created a significant traffic burden on Market Street with traffic counts nearing 38,000 average trips per day near Market Street and Porters Neck Road. With the completion of the I-I40 Bypass, it is predicted that this traffic increase will level off and perhaps decrease for the short term. As noted above, the property is designated as Urban Transition by the Comprehensive Plan, and is within the Urban Growth Boundaries with water and sewer available nearby. 6 The request for rezoning to O&I is a logical extension to the established O&I District to the north that was created in 2004. The extension of the O&I District at this location will solidify a transition between the more intensive commercial zoning to the north and the residential districts to the south and west. Based on the current pattern of development in the area and existing institutional use of the property and the consistency with the Comprehensive Plan, staff recommends approval. No one in opposition was present. Sandra Spiers made a motion to approve the rezoning request. David Girardot seconded the motion. The Board approved the motion with a vote of 6-0. Item 6: Rezoning - Request by Walter Avery for GSSC to rezone approximately 4.87 acres of property located at 2530 Castle Hayne Road, from B-1 Neighborhood Business to B-2 Highway Business (Z-804, 07/05). Sam Burgess gave a brief review of the request, agency comments and related information. Walter (Pete) Avery, representing the owner of the property, stated the tract of the property is actually 10.02 acres. However, they are only requesting approximately 4.87 acres of the existing B-1 district be rezoned to B-2. He explained that a New Hanover County zoning officer informed him that the proposed use could not be located at this property without rezoning the property or seeking clarification through the Board of Adjustment. Chairman Conlogue asked what type of use was planned for the property. Mr. Avery replied that it was a bakery related operation without a bakery on the site. However, since the goods and services were being delivered offsite a B-2 zoning is required. James Femster, adjacent property owner, expressed his concerns regarding the ditch along lots 9, 12, 8, 6 and 7. He stated that he is concerned about the depth of the water in the ditch. He also commented about the view from the back of his house. Dexter Hayes provided staff summary: STAFF SUMMARY: The subject property is located near the southeastern intersection of North Kerr Avenue and Castle Hayne Road. The 4.87 acre tract is also located in an existing commercial node that consists of several zoning districts, namely B-2 Highway Business on the west side of Castle Hayne Road, a SC shopping Center District established in 1991, and a B-1 Neighborhood Business District. Historically a portion of the property was rezoned to B- 1 in 2000. The applicant's rezoning petition to B-2 Highway Business contains approximately 250 feet of road frontage along Castle Hayne Road with a depth of approximately 769 feet. Construction of a retail facility has already begun on site with scheduled completion later 7 this year. Traffic counts near the property are high with 35,000 + trips on an average day at the intersection of North Kerr Avenue and Castle Hayne Road. While the Urban Transition land class does provide for future intensive urban development, rezoning to B-2 Highway Business would no doubt nominally increase traffic volumes in an area that is already plagued by traffic congestion. Given the current traffic situation on Castle Hayne Road with no immediate scheduled road improvements, staff recommends that the rezoning request to B-2 be scaled back to a depth of 420 feet and that parcels 5 & 13 as noted on the zoning site map be included in the request. This would also mirror the existing B-2 District on the west side of the road. Leaving the balance of the property to B-1 would provide a good transition into the existing AR Airport Residential Zoning to the east. Frank Smith asked what type of buffer is required between B-1 and B-2. Dexter Hayes replied that an opaque buffer is required. Mr. Femster asked who would maintain the ditch if it is on the applicant's property. Chairman Conlogue replied that the applicant would have to maintain the ditch if it is on his property. Mr. Avery stated that the buffering is required whether the property is zoned B-1 or B-2. He suggested changing the depth of the B-2 District to 500'. There was further discussion regarding the buffering Sandra Spiers made a motion to approve the rezoning request with staff recommendations but to change the depth of the B-2 zoning to 500' and include parcels 5, 13 & 16. Frank Smith seconded the motion. The Board approved the motion with a vote of 6-0. Items 7: Zoning Text Amendment - Request by Withers & Ravenel to consider amending Section 50.5 of the Table of Permitted Uses in the County Zoning Ordinance by adding "Food & Beverages" under the Manufacturing Section and permitting the use by right in Zoning districts I-1 Light Industrial, 102 Heavy Industrial and Al Airport Industrial (A-342, 07/05). Cindee Wolf, representing Withers & Ravenel, explained that her request is to add another category to the zoning ordinance in order to allow Food & Beverages with no chimney or stack release of smoke and steam to the manufacturing section of the Table of Permitted Uses. Julie Wilsey, Assistant Director of the Airport, stated that they are opposed to the blanket text amendment request. She further explained that the Airport Authority is not only concerned with smoke but also wildlife attractions, radar interference and areas of large public assemblance. Ms. Wilsey added that they would be in concur with the staff if this use was permitted by special use permit and they would assist staff in determining any hazardous conditions to the airport. Dexter Hayes stated that staff recommends that this request be permitted by special use permit only in the airport industrial area district. Cindee Wolf stated that if there were no emissions the problem would be eliminated. 8 Chairman Conlogue stated that he agrees that this should be controlled and recommends the special use permit for airport industrial. David Girardot made a motion to allow Food & Beverages in Al Airport Industrial zoning districts by special use permit only. Sue Hayes seconded the motion. The Board approved the motion with a vote of 6-0. Chairman Conlogue informed the Board that this would be David Girardot's last meeting since he has served six years on the Planning Board. Board members and staff complimented Mr. Girardot for his many years of service to the County. He added that the County Commissioner's would be selecting a new member at the next County Commission meeting. Sam Burgess provided the TRC report. Glen Darden @ Middle Sound Performance Development Lots: 15 Single Family Acreage: 5.98 Water: Public (City) Sewer: Public (County) _ Road: Public Land Class: Resource Protection Dexter Hayes informed the Planning Board members that they should have received copies of the draft CAMA Land Use Plan Update that will be sent to the state for their review. He added that comments will be received back from the state in approximately 4 to 6 weeks and then prepared for final approval by the Planning Boards, County Commissioners and City Council. Sue Hayes asked Holt Moore to explain his memorandum concerning boat docks. He explained his purpose was to give the Board an idea of the criteria used by CAMA in their review of applications for permitting placement of docks in shallow water areas. Being no further discussion, David Girardot made a motion to adjourn the meeting. Sandra Spiers seconded the motion. The Board unanimously approved the motion. The meeting adjourned at 10:20 p.m. Dexter Hayes, Planning Director 9