2012-09 Sept 6 2012 PBM
Page 1 of 19 Minutes of the New Hanover County Planning Board September 6, 2012 The New Hanover County Planning Board met Thursday, September 6, 2012 at 5:30 p.m. in the Assembly Room
of the Historic County Courthouse, Wilmington, NC to hold a public meeting. Planning Board Present: Staff Present: Richard Collier, Chairman Chris O’Keefe, Planning & Inspections Director
Dan Hilla, Vice Chairman Shawn Ralston, Planning Manager Andy Heath Sharon Huffman, Assistant County Attorney Lisa Mesler Sam Burgess, Senior Planner Anthony Prinz Nicole Dreibelbis,
Current Planner David Weaver Absent: Tamara Murphy Chairman Richard Collier opened the meeting by welcoming the audience to the public hearing. Sam Burgess led the reciting of the Pledge
of Allegiance. Chairman Richard Collier reviewed the procedures for the meeting. Approval of the August Planning Board Meeting Minutes Andy Heath made a motion to approve the August
minutes as drafted. Lisa Mesler seconded the motion. The Planning Board voted 6-0 to approve the August 2012 Planning Board meeting minutes. Shawn Ralston extended congratulations to
the family of Planning Board member Tamara Murphy on the birth of their daughter, Olivia Victoria, on August 15, 2012. Item 1: Rezoning Request (Z-918, 04/12) -Request by Walter Pete
Avery on behalf of Horn Road, LLC to rezone 2.49 acres of land at 4832, 4836, and 4840 Carolina Beach Road from CD(O&I) Conditional Office and Institutional and 1.70 acres of Right-of-way
from R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business. The site is classified as Urban on the 2006 CAMA Land Classification Map. This item was continued from
the Planning Board’s April 12, 2012 meeting. Nicole Dreibelbis presented the staff summary and provided information pertaining to location, land classification, access, level of service
and zoning. Ms. Dreibelbis also showed maps, aerials, video and photographs of the property and the surrounding area. Ms. Dreibelbis stated the proposal is located in the southern portion
of the county’s jurisdiction in an area identified as Urban. The Urban classification runs parallel to Carolina Beach Road;
Page 2 of 19 however, it does not encroach into resource protection areas. The purpose of the urban land classification is to provide for continued intensive development and redevelopment
of existing urban areas. Ms. Dreibelbis reported the proposal consists of three parcels, addressed as 4832, 4836 and 4840 Carolina Beach Road for a combined acreage of 2.49 acres of
land and includes 1.70 acres of right of way on Carolina Beach Road and Horn Road. The subject properties are currently zoned Conditional Office and Institutional and are subject to
a 2006 conditional use permit, approved for the development of two 8,750 square feet office buildings, specifically limited in use to include a barber shop; office space for private
business & professional activities; government offices; neighborhood drug store; bank, credit agency or savings and loans office; and/or a printing office. Ms. Dreibelbis noted south
of the subject properties, across Horn Road, fronting Carolina Beach Road is an existing B-2 Highway Business district that extends east across Carolina Beach Road and includes the parcels
fronting Carolina Beach Road. North and west of the site, the zoning transitions to R-15 Medium-Density Residential. Current development in the area includes the Esplanade shopping center
and the Martin Self Storage facility in the existing commercial node located east across Carolina Beach Road, as well as a service station on the corner of Horn Road. Ms. Dreibelbis
stated, in this area, Carolina Beach Road has a level of service of E, meaning the roadway is operating at capacity; however, traffic is beginning to experience delays at intersections.
The traffic impact worksheet provided by the applicant estimates the proposed freestanding retail development will produce an AM peak of 10 trips and a PM peak of 63 trips. Ms. Dreibelbis
reported the proposal includes construction of a one-story, 8,320 square foot retail shell building and fifty-two parking spaces to accommodate the proposed retail space, as well as
a future expansion phase, which would add 4,160 square feet of additional retail space. Ms. Dreibelbis noted one single family residence adjacent to the proposed site and pointed out
existing footpaths along Horn Road and Carolina Beach Road where staff feels sidewalks are desired by the adjacent community. Ms. Dreibelbis stated the revised proposal, which includes
the right-of-way for both Carolina Beach Road and Horn Road, meets the requirements of both the Conditional Zoning District and B-2 Highway Business District and is located within an
area classified as Urban in the 2006 CAMA Land Use Plan. The proposal is estimated to have a minimal impact on traffic, is situated adjacent to commercial uses both south and east of
the subject site, and the proposed buffer will mitigate potential negative impacts to adjacent residential properties to the north and west. Therefore, staff recommends approval of the
rezoning request with the following conditions: (a) The dumpster location be placed as far away as possible from the northwest property; (per the 2006 conditional O&I order) (b) Installation
of a six (6) foot fence along the northwest side of the property; (per the 2006 Conditional O&I order). (She noted the proposed site plan includes an eight (8) foot fence along the northwest
side to assist with the buffer requirements).
Page 3 of 19 (c) Improve the existing transit site fronting the subject property with the construction of a covered shelter; (d) The drive way be limited to Horn Road ingress and egress;
(e) Construction of sidewalks fronting Carolina Beach Road and Horn Road; (f) Exclusion of Funeral Homes, including cremation services; special trade contractor with no outside storage;
and landscape services -maintenance and design or related services from the list of potential permitted uses on the site; (due to the vague nature of these uses) (g) Hours of access
be limited to 7 a.m. to 9 p.m.; and (h) Strategic placement of lighting and equipping each light with cones directing the light downward to minimize the impacts on adjacent residential
neighbors. Chairman Collier asked if board members had questions for staff. David Weaver asked Ms. Dreibelbis to clarify the CZD Conditional Zoning District, noting he couldn’t find
the CZD acronym in the zoning ordinance. He inquired if CZD referred to the Conditional District, explaining he had found Conditional Use District and Conditional District in the ordinance.
Ms. Dreibelbis stated the Conditional Zoning District, CZD, is a relatively new amendment to the ordinance and is very similar to the Conditional Use District Zoning (CD); however, it
removes the quasi-judicial hearing piece of the rezoning. She confirmed the CZD was the same as the CD Conditional District. Mr. Weaver expressed concern that labeling the rezoning,
if approved, as CZD on the zoning map would be confusing to the public based on the terminology used in the zoning ordinance. Ms. Dreibelbis noted the Z-918 case is the first application
for a Conditional District rezoning to be considered by the board. Dan Hilla asked for an explanation of the reason staff was recommending the applicant be responsible for improvement
of the transit site, noting that would normally be the responsibility of WAVE Transit or a similar agency. Ms. Dreibelbis stated it was outside of the typical recommendation; however,
it was staff’s observation, confirmed by WAVE Transit, that this particular stop is utilized heavily by the population in the area. Currently, WAVE does not have a long-range plan that
addresses a covered station there; however, staff has spoken with Albert Eby, of WAVE, who agreed with the recommendation of a covered shelter and further improvements for this location
due to the heavy use. Mr. Hilla asked if staff was aware of any other occurrences where applicants were required to improve transit stops on their property.
Page 4 of 19 Shawn Ralston stated transit stop improvements are a requirement of the Exceptional Design Zoning District. An EDZD applicant must either construct a new shelter or improve
an existing transit stop in order to accrue points for the Transit element. Anthony Prinz commented it was his understanding transit stop improvements were also required in conjunction
with the development of the Lowe’s Home Improvement and Wal-Mart project in the Monkey Junction area. Chris O’Keefe confirmed the Lowes/Wal-Mart development approval required that a
turn-out area and some park-and-ride parking spaces be built for WAVE Transit. The park-and-ride spaces were used quite heavily for a while. He stated a transit stop was also required
for the more recent Amberleigh Shores project, which was a conditional rezoning request. Mr. Prinz commented the most important issue is the coordination of the improvements with WAVE
Transit, noting historically, WAVE had installed the transit stop shelter, while the developer constructed the concrete pad and provided the public access easement. Once that was accomplished,
the maintenance of the transit stop was taken over by the WAVE Transit system. He stated if the condition remained and the request was recommended for approval, he would like to add
a clarification that the transit improvements be coordinated with WAVE and that WAVE would be responsible for the maintenance of the transit stop in the future in the event the building
becomes vacant and there is nobody to maintain it. David Weaver commented it appeared that a CD (B-2) district request was considered by the Commissioners in 2006 and was not approved;
however, a CD (O&I) district was approved instead. He asked how the new proposal was different from the 2006 request. Ms. Dreibelbis explained the new proposal has a different building
configuration with reduced square footage, and the amount of parking has decreased. The applicant has also limited the list of potential uses that could be developed on the site. Mr.
Weaver commented that staff had recommended that Special Trade Contractors with no outside storage be excluded from the list of potential uses, but did not recommend the exclusion of
Landscaping Contractors or General Building Contractors. Noting those uses would produce the same impacts; he asked staff to explain their recommendation. Ms. Dreibelbis stated on the
current Table of Permitted Uses, the Special Trade Contractors with no outside storage and even with outside storage is a catch-all category. If a use is not specifically outlined in
the Table of Permitted Uses, it will be classified in that category. In order to open a variety of uses without notifying the adjacent property owners, staff thought it would be in the
best interest to prohibit that use from being accepted because of the broad nature of the category. Chairman Collier opened the public hearing. He asked the applicant if he had read
the staff report and the conditions recommended by staff.
Page 5 of 19 Walter Pete Avery, affirmed he had read the staff report and would address the conditions during his presentation. He also offered to answer questions regarding the previous
plans. Chairman Collier asked if Mr. Avery agreed with all of the conditions recommended by staff. Mr. Avery stated he agreed with most of the conditions, but did not agree with all
of them. Mr. Avery stated he represented the applicant/owner, Horn Road, LLC, and was their authorized agent. He noted the case had first come before the board in April 2012 as a B-2
Business request without restrictions. Staff didn’t support that request and the Planning Board at that time felt he needed to show more so he requested and was granted a continuance.
During that period of time, the property was annexed by the City of Wilmington and subsequently de-annexed by the N.C. State legislature. He explained with staff’s assistance, he was
able to keep the project alive and bring back a solid plan for consideration. Mr. Avery explained he has a specific use in mind and has an existing buyer for the property who will have
a tenant in that space. He expressed appreciation to staff for their patience, noting they had been very gracious in working with them. Mr. Avery stated their request is for Conditional
Use Highway Business for the site plan. They have no issues with the conditions outlined by staff except that their original plan and the approved revised plan before this request had
NCDOT driveway permits for Carolina Beach Road and for Horn Road. He expressed the opinion that based on the spacing of that driveway on Carolina Beach Road to the center line of Horn
Road, it would be detrimental to the traffic flow of that property as it is designed and laid out currently. He stated they would like to keep the driveway on Carolina Beach Road if
possible and requested a favorable recommendation in that regard. He felt NCDOT wouldn’t have any issues with granting the driveway permit again. He explained the driveway permit had
expired because he had had opted not to pay the annual bond fees required to keep the permit active. Mr. Avery noted the original plan approved in 2008 for the revised conditional use
plan included a 17,500 square feet, L-shaped building. It went from two buildings to one building and was completely redesigned. He had obtained permits and authorization to construct
from New Hanover County, including stormwater permits. Unfortunately, the economy couldn’t support the project at the time so it fell apart. Economic conditions have improved somewhat
and they have been fortunate enough to find someone who can help them move this property along and put it into active use, which will certainly bolster the county’s tax base if built.
Mr. Avery stated in regard to the recommended conditions, they don’t support the limitation on the driveway permit. He said the buyer and tenant are also in agreement with the transit
shelter; however, they would like to know that WAVE Transit will maintain the transit stop in the future because it will not be on their property. He noted they are building a project
in the City at Randall Cove Apartments, where they were compelled to build a bus shelter to WAVE standards. Mr. Avery commented they were in agreement with the proposed permitted uses,
but would like clarification that a dry-cleaner drop-off and pick-up station (without any dry-cleaning services
Page 6 of 19 onsite) would be allowed. He explained those types of facilities are located all over the city and have no environmental impacts. Mr. Avery reported the required community
meeting had been held. The northernmost adjacent property owner, Ms. Wilson, was present and had graciously worked with them to find some middle ground. He acknowledged her input had
resulted in the inclusion of a solid panel, eight foot (8’) fence along the entire north side of the property. Mr. Avery noted the ordinance requires the fence to be located within the
buffer; however, the adjacent property owner had requested the fence be located on the property line due to concerns about maintenance of the buffer plantings. If it doesn’t require
a variance, the applicant would like for the board to grant Ms. Wilson’s request. Mr. Avery stated there are no other issues with site layout, access, setbacks, building height, parking
spaces, floor area ratios or anything of that nature. If the applicant builds only the major single standing building, the project has been pared down by almost 60% of the original site
plan in terms of usable building space. If the additional 4,000+ square feet for future expansion is included, there is still a 30% reduction in the actual building size. He commented
staff did admit the traffic impacts were fairly nominal which perplexed him because they are suggesting the driveway on Carolina Beach Road be eliminated. He noted everything built has
an impact because of the area traffic, but the applicants feel they can mitigate the impact and feel it is better for circulation to have that driveway, which is right-in, right-out.
There is an existing deceleration lane with 150 feet of taper as you come into the property that extends past the northernmost property up to Horn Road. If allowed, it would be 220 feet
from the center line of the proposed driveway entrance to the middle of Horn Road, which is a fairly long distance. Mr. Avery expressed concern about stacking all of the traffic onto
Horn Road, which is a designated collector road that connects to several subdivisions to the west and ties into other subdivisions to the south. He reiterated the applicant’s desire
to keep the driveway on Carolina Beach Road. Mr. Avery completed his presentation and offered to answer questions. Chairman Collier opened the discussion for opposition comments. Debra
Wilson, of 4828 Carolina Beach Road, the northernmost adjacent property owner, stated she wasn’t totally against the project. She agreed with staff’s recommendation not to have a driveway
on Carolina Beach Road due to the bus stop and her driveway, but also understood the applicant’s point. She acknowledged the bus stop is heavily used and the shelter improvements are
needed, commenting that recently bus patrons had used a display of storage buildings to get out of the rain because there isn’t a covered shelter. She also agreed with placing a solid
eight foot fence between their properties, but expressed concern about maintenance of the vegetation in the buffer if the fence is located within the buffer rather than on the property
line. She felt it would be better to locate the fence on the property line; thereby, avoiding the potential use of her property to attain access for maintenance of the vegetative buffer.
Ms. Wilson also expressed concern about some of the permitted uses in B-2, including Electrical Repair Shops and Indoor Recreational Facilities and asked that they be excluded. She stated
she had been in contact with many neighbors and while they would like for the area to remain residential, they would also like to see a cohesive transition from the B-2 on the other
side of Horn Road to the rest of the residential on Carolina Beach Road.
Page 7 of 19 During rebuttal, Pete Avery stated the applicant had no issues with the removal of Electrical Repair Shops and Indoor Recreational Facilities from the list of permitted
uses. They have proposed a flexible list because they would like to protect their investment should a tenant situation fall through. He noted much time had been spent working with neighbors
and staff to prepare the list of permitted uses. During opposition rebuttal, Ms. Wilson asked that Research Facilities also be excluded from the list of permitted uses. Mr. Avery agreed
to the exclusion of Research Facilities from the list of permitted uses. Chairman Collier asked if Mr. Avery and staff were using the same proposed list of permitted uses. Ms. Dreibelbis
stated the list in the planning board package illustrates the uses currently permitted in the Office & Institutional district approved in 2006, the applicant’s proposed list of permitted
uses and staff’s recommendation highlighting those uses to be removed. The uses Ms. Wilson Wilson has requested be excluded would also need to be highlighted on that sheet. Mr. Avery
stated he was comfortable with the condition regarding the location of the trash dumpster. Chairman Collier asked staff to provide direction on the process to relocate the buffer fence.
Shawn Ralston stated the applicant must seek a variance from the Zoning Board of Adjustment. Mr. Avery agreed to the condition to improve the transit stop provided there is an agreement
with WAVE to maintain it in the future. Chairman Collier asked if the applicant agreed to the condition to construct sidewalks fronting Carolina Beach Road and Horn Road. Mr. Avery stated
sidewalks were not on their site plan; however, if it was critical to the approval of the project, they would agree to that condition. Noting the project is the first conditional district
zoning to be considered, he said they routinely do off-site improvements based on the direction of NCDOT. He asked staff to clearly define the location and standards for the sidewalks
because the total frontage of the property is 300 feet and construction isn’t inexpensive. Mr. Avery also agreed to the conditions regarding hours of operation and directional lighting
requirements. Dan Hilla agreed with the applicant that there should be an access off Carolina Beach Road to the property so he would like to see that condition removed.
Page 8 of 19 Anthony Prinz also agreed, noting he felt a driveway on Carolina Beach Road would serve more benefit than detriment certainly from a circulation standpoint. There should
be more than one point of egress and ingress if needed. Given the median on Carolina Beach Road, the right-in, right-out driveway, and the existing turn lane, he didn’t feel it would
be a problem. Mr. Prinz asked Mr. Avery to confirm the distance between the driveway and Horn Road is 220 feet. Pete Avery stated the distance from the center line of the proposed 36
foot wide driveway shown on the site plan south to the center line of Horn Road is 220 feet, which meets current NCDOT standards. Mr. Prinz asked if NCDOT had required lengthening of
the right turn lane on Carolina Beach Road for the prior driveway permit. Mr. Avery stated he did not have the driveway permit file with him and noted NCDOT may have required it, but
he didn’t recall. He also explained the deceleration taper begins just north of Ms. Wilson’s existing driveway. Mr. Prinz stated the driveway would have more benefit and probably be
a safer maneuver for drivers to make from the turn lane on Carolina Beach Road. He noted crossing over from Horn Road may be a more awkward movement for people trying to turn right on
Carolina Beach Road. Mr. Prinz inquired if Mr. Avery wanted to add Dry-cleaners to the list of permitted uses. Mr. Avery acknowledged he had communicated with Ms. Wilson about dry-cleaners
as a potential use and believed a dry-cleaner with drop-off and pick-up only would be an appropriate use because it doesn’t involve any physical cleaning. Chairman Collier commented
he felt the applicant had done what was asked of him in terms of bringing forward a usable, modified project that limits the uses, and places the buildings at an acceptable distance
from the adjacent residential properties. He then asked if there was a motion for Rezoning Request Z-918. Anthony Prinz made a motion to recommend the County Commissioners approve the
requested rezoning based upon the following conditions: (a) The dumpster location, which is unchanged; (b) With slight modification of an 8’ fence instead of a 6’ fence; (e) As drafted;
(g) As drafted; (h) As drafted; (c) Recommend we modify the sentence to read, “Coordinate with WAVE Transit to improve the existing transit site …; (d) Also recommend Condition (d) be
stricken from the list of conditions (thereby, allowing the driveway on Carolina Beach Road as shown on the site plan); (f) Be modified, including what staff has already included in
the condition for excluded or prohibited uses with the inclusion also of electrical repair shop,
Page 9 of 19 indoor recreational facility, research facility; and also modify the list of allowed uses to read “dry-cleaning/laundry plant with pick-up only. Dave Weaver asked Mr. Avery
if he would be willing to consider excluding general building contractors with no outside storage and landscaping contractors with no outside storage. Mr. Avery, the applicant, stated
he had no problem with excluding those uses, but added he is a general contractor himself with McKinley Building Corporation and they operate the corporate office in an Office & Institutional
district in the City of Wilmington. He noted they also have a storage facility in Murrayville Station Business Park and have field employees that come by in a pickup truck from the field
office for safety meetings, etc. He stated that a building contractor, specialty contractor, or landscape service design business can be in an office environment if they only need a
corporate office. He has no problem having them, but they aren’t critical uses. Mr. Weaver asked if Mr. Prinz would be willing to add the exclusion of those uses to the motion. Mr. Prinz
responded he was concerned about taking away any additional uses from Mr. Avery because he had done a good job addressing the issues identified by the neighbors and the planning board
in April. He expressed a desire to give the applicant some flexibility; however, noted he was willing to consider excluding those uses following a discussion by the board. Chairman Collier
agreed with Mr. Avery that a landscaping contractor or a general contractor as a business unit would be fine as long as there isn’t outside storage. Lisa Mesler also agreed that a landscaping
contractor or general contractor as a business unit would be an acceptable use as long as there was no outside storage. Mr. Weaver inquired if a parking a piece of heavy equipment at
an office would be considered outside storage. He stated he is aware of a general contractor office where a backhoe is started up early in the morning rousing the neighborhood. He He
said he would not want that situation to happen here. Assistant County Attorney Sharon Huffman stated it would only be outside storage if the backhoe stayed there other than temporarily.
She explained it would depend upon whether the backhoe was stored constantly onsite or was occasionally brought to the site. Mr. Weaver stated he would respectfully disagree and if Mr.
Avery was agreeable, he would like to exclude those uses. Mr. Avery stated his willingness to exclude general building contractors with no outside storage and landscape contractors with
no outside storage from the list of permitted uses. Anthony Prinz then amended the motion for Condition (f) to also exclude General Building Contractor with no outside storage and Landscaping
Contractor with no outside storage.
Page 10 of 19 Chris O’Keefe asked Mr. Prinz to clarify the condition regarding the transit stop, noting as he understood it, the intent of the condition was that the applicant would
bear the expense for the construction and improvement of the transit stop. Mr. Prinz stated the intent of the modification was only to ensure the applicant communicates with WAVE Transit
before the transit stop facility is installed to make sure it is acceptable. Shawn Ralston commented the developer for a recent Exceptional Design project had arranged to pay a fee to
WAVE Transit to construct the required bus stop for his project. Mr. Prinz stated he preferred the term “coordinate” because the board intent is to make sure the transit shelter is constructed.
He would rather give the applicant the flexibility to execute as needed. Dave Weaver inquired if there was a need to clarify specifications for the sidewalks. Chairman Collier explained
the sidewalk specifications would be clarified during the commercial site plan review. Dan Hilla seconded the motion. The Planning Board voted 6-0 to recommend approval of Rezoning Request
Z-918 with the following conditions: (a) The dumpster location be placed as far away as possible from the northwest property; (b) Installation of an eight (8’) foot fence along the northwest
side of the property (slight modification from 6’ to 8’ fence); (c) Coordinate with WAVE Transit to improve the existing transit site, fronting the subject property, with the construction
of a covered shelter; (modified to add “Coordinate with WAVE Transit”); (d) This condition be stricken from the list of conditions (Thereby, allowing the driveway access on Carolina
Beach Road to remain on the site plan) (d) The driveway be limited to Horn Road ingress and egress); (e) Construction of sidewalks, fronting Carolina Beach Road and Horn Road accessing
the site to ensure potential pedestrian safety and connectivity to the adjacent residential neighborhood (as drafted); (f) Exclusion of Funeral Homes including cremation services, Special
Trade Contractor with no outside storage, and Landscape Services – Maintenance and Design or Related services, Electrical Repair Shop, Indoor Recreational Facility, Research Facility,
General Building Contractor with no outside storage, and Landscaping Contractor with no outside storage from the List of Permitted Uses and also modify the List of Allowed Uses to include
Dry-cleaning/Laundry Plant with Pick-up/Drop-off Only (Modified to exclude Electrical Repair Shop, Indoor
Recreational Facility, and Research Facility as excluded or prohibited uses; and to include Dry-Cleaning/Laundry Plant with Pick-up/Drop-off Only in the List of Allowed Uses); (g) Hours
of access should be limited to avoid undue disturbance of the peaceful enjoyment of the surrounding neighborhood and should be specified on the site plan. Staff recommends hours of 7
a.m. to 9 p.m., consistent with the intent of Section 23-
Page 11 of 19 34(b) of the County Code of Ordinances relating to unlawful noise-generating activities in residential areas; and (h) Strategic placement of lighting and equipping each
light with cones directing the light downward, minimizing the impacts on adjacent residential neighbors. Item 2: Special Use Permit Request (S-606, 09/12) -Request by Stephen Ohm on
behalf of Security Savings Bank to obtain a special use permit to establish a convenience food store. The property is located in an O&I Office and Institutional Zoning District at 5111
Carolina Beach Road. The site is classified as Urban on the 2006 CAMA Land Classification map. Sam Burgess presented the staff summary and provided information pertaining to location,
land classification, access, level of service and zoning. Mr. Burgess also showed maps, aerials, video and photographs of the property and the surrounding area. Mr. Burgess stated the
subject property is located in the south central portion of the County’s jurisdiction and is classified as Urban, which provides for continued intensive use of developed and undeveloped
property. The subject property was rezoned O&I in October 2007 and is surrounded by a variety of uses. The property to the north and northeast is a portion of the City of Wilmington,
which was voluntarily annexed in the late 1990’s when Willoughby Park was established. Other nearby zoning districts include B-2 Highway Business zoning south of the property, which
is part of a larger B-2 Highway Business node that includes Lowes and Wal-Mart, as well as strip B-2 Highway Business zoning located north of the property and across Carolina Beach Road.
Mr. Burgess reported the level of service along Carolina Beach Road is classified as E, indicating the road is at capacity. Based on 2011 data, the average daily trips are 29,835, which
indicate a large volume of traffic. He provided an aerial reflecting the Wal-Mart and Lowe’s to the south, the adjacent Willoughby Park development to the north-northwest, and a portion
of the Johnson Farms project located north-northeast, as well as a nearby RV storage facility, which was rezoned several years ago. Mr. Burgess noted the petitioner’s proposal consists
of a 2,760 square foot convenient food store with a twenty (20) foot wide drive-through bisecting the retail space, consisting of 1,600 heated square feet. The proposed height of the
building is eighteen (18) feet. The site is enveloped by residentially zoned property to the north, east, and south, including Willoughby Park and Johnson Farms. He pointed out traffic
ingress and egress on the site. Mr. Burgess stated the zoning ordinance allows convenience stores in O&I Office and Institutional zoning districts with a special use permit. The four
Findings of Fact must be positive to satisfy the special use permit requirements. He reported staff had determined that findings 1, 2, and 4 are not positive and provided the following
details: 1) Finding #1: Staff suggests the evidence in the record at this time indicates that the proposed use may materially endanger the public health or safety where proposed. The
proposed use is intended to provide fast and convenient shopping
Page 12 of 19 to patrons driving cars along Carolina Beach Road; however, the proposal is located at an un-signalized intersection that was not designed to handle left turns exiting
from the proposed location. This section of Carolina Beach Road is already one of the most dangerous road sections in the County and is presently ranked 15th in terms of collisions.
2) Finding #2: Staff suggests the evidence in the record at this time indicates that the proposed use does not meet the intent of the O&I zoning district as described in the Zoning Ordinance.
The proposed use, a drive-thru convenience store, is not a use considered as office or institutional as prescribed by the O & I zoning district. This type of use is better suited within
the more intensive business zoning districts. 3) Finding #4: Staff suggests the evidence in the record suggests that the proposed use, if developed according to the plan, will not be
in harmony in the area in which it is to be located. The proposal offers a stark contrast to the existing residential character surrounding the property. The intent of the proposed business
is to provide a drive-thru convenience store option in an otherwise residential area. Mr. Burgess reported staff’s conclusion that the findings of fact indicate the proposed project
does not meet the required findings necessary for a Special Use Permit. Chairman Collier asked if board members had any questions for staff. Hearing none, he opened the public hearing.
Spruill Thompson, of Cape Fear Commercial Real Estate, stated he represented Mr. Stephen Ohm, the petitioner. He noted he was also accompanied by John Tunstall, of Norris & Tunstall
Consulting Engineers. Mr. Thompson provided the following updates on the findings of fact in hopes of garnering support and approval for the project: 1) In regard to the health and safety
finding, the left turn presented in the original site plan has been revised and is not included in the plan anymore. A traffic control device has been included to ensure traffic is not
able to make a left movement from the site. Currently, vehicles are still able to make a left into the property; however, it is the applicant’s understanding that NCDOT will be installing
a solid median that will no longer allow a left movement from Carolina Beach Road into the property. (He noted they had received a copy of the NCDOT TIP reflecting that change). The
applicant is concerned about health and safety and will make sure the right-in, right-out will be adhered to on the site. The applicant realizes this is a heavily travelled area, which
is one of the primary reasons they would like to locate the business there. The business will actually capture existing traffic and is not intended to be a destination. As a drive-through
convenience store, it will capture people who want
Page 13 of 19 coffee, soft drinks, cigarettes, etc. as they are passing by. There are no plans for people to park and stay there as reflected by the few parking spaces on the site plan.
2) In regard to the second finding of fact, the O&I zoning district does not permit a convenience store; however, the exception of having it recognized as a special use indicates it
has been permitted before so a precedent has been set for the approval of a convenience store in O&I zoning. In order to make the proposal more appealing and desirable to the neighbors,
they have met all required setbacks. Not one single tree within the boundary line will be removed for the proposal, including the retention pond. One tree will need to be removed from
the NCDOT right-of-way for the view corridor to accommodate the flow of traffic. They have included only minimum parking and are willing to go to extraordinary measures to make it more
palatable to the neighbors at Willoughby Park. They realize lighting could be an issue for the residents directly behind the proposal so they plan to install lighting control devices,
walls, barriers, buffers, directional lighting, etc. to minimize or eliminate that issue. 3) Finding of Fact #3 was not a primary issue of concern cited by staff as an exception. The
property has been a foreclosed property and for that reason has been petitioned in conjunction with the bank’s name. As everyone knows, there are currently far too many foreclosed properties.
They now have a gentleman willing to take this foreclosed property and spend over half a million dollars to create a neighborhood business on the site. He will not be a corporate entity
that buys a site, builds a building, and leaves town. He has relocated to the area and will be onsite in this location. He plans to become a vital part of the community; therefore, they
feel the proposal will be more congruous to the area and will enhance the value of the property. 4) In regard to Finding #4, Mr. Thompson commented it seemed a bit punitive to indicate
that a a community business would be too intense with the site being only 200 feet from a Wal-Mart Superstore. He pointed out that by right, the applicant could build a 16,000 square
feet office building on the site, which would generate more trips per day than are anticipated for the intended use. He stated that Mr. Tunstall would share that data with the board
if they so desired. The applicant feels the project is in harmony with the area, when you look at the transition of the Carolina Beach corridor, which truly is becoming a commercial
corridor as evidenced by the previous petitioner. He commented that high traffic roads are where retailers need to go, although they do recognize there is room for residential. He acknowledged
they wouldn’t have the customers they are seeking without the residential presence in the area. He asked Mr. Tunstall to distribute a letter of support received from the adjacent property
owner located between the proposal site and the Wal-Mart site, noting that property owner is also interested in his property being permitted for commercial enterprise. Mr. Thompson completed
his presentation, reiterating that the proposal is in harmony and in keeping with the transition from a super Wal-Mart store to a multi-family section and to other uses. He said there
was probably a zero chance of someone building a residence between this location and the Wal-Mart center. He offered to answer any questions the board may have.
Page 14 of 19 No one else from the public spoke in support of the proposed special use permit request. Chairman Collier opened the opposition portion of the public hearing. Randolph
Coble, President of the Willoughby Park homeowners association, stated he is a lifetime resident of New Hanover County and has also operated a business here. He explained Willoughby
Park is high density, with 230 home sites, and only has one entrance. That entrance onto Carolina Beach Road will be impacted, as well as the deceleration lane coming into Willoughby
Park, by the proposed business. He said the turnaround on Carolina Beach Road is a high traffic turnaround and is used by all residents. If the turnaround is eliminated, it will force
all of that traffic to go down to the turnaround at Wal-Mart. During the last three years, three people have died there trying to walk across the street from the trailer park to Wal-Mart.
Mr. Coble stated that adding to that traffic would be detrimental to the county. He noted there is a bus stop located between the proposed site and the entrance to Willoughby Park. The
buses restrict the deceleration lane causing traffic to try to go around them, creating a mess. School buses also on-load and off-load children in Willoughby Park there in the mornings
and afternoons. He stated he couldn’t think of a worse place to increase traffic on Carolina Beach Road, noting the parcel is surrounded by residential zoning. There are two other existing
convenience stores nearby. He said this type of drive-through convenience store sells a lot of beer and will increase the number of people on the highway drinking beer. He stated lighting
and noise from the proposal will directly impact onto twenty-eight homes in Willoughby Park and acknowledged there is currently a six-foot wooden fence and some trees between the two
properties. He reported there are two 2-story residential buildings on the north side, with bedrooms that face the proposed project. Mr. Coble stated residents don’t have any problem
with the Office and Institutional zoning of this property and noted a 16,000 square foot building would be fine. He said the residents don’t feel this type of business with the traffic
it will generate would be to their advantage at all, particularly given the impact on the turnaround, which is crucial to traffic flow in the area. Ginger Johnson, of 1488 Honeybee Lane,
spoke in opposition to the proposal, noting it is directly behind her property. She stated her opinion that a drive-through convenience store is a brew-thru and the last thing anyone
would want to see from their home is a brew-thru. She hoped the board would keep that in mind as they considered the request. She commented the homeowners are also against it because
of the increased traffic and safety concerns, noting it would also decrease their property value. She stated she wouldn’t have bought her home if a brew-thru had been located there.
Neil Simmons, who owns property in Willoughby Park, also spoke in opposition and echoed the sentiments of Randy Coble and Ginger Johnson, stating safety is a fundamental concern. Eliminating
that left turnaround which is used exclusively by the 230 residences will really impact traffic, creating a safety problem. He wasn’t sure if the applicant hoped to attract the residents
or the traffic passing by. He stated he wasn’t sure how it would enhance the property values as indicated by the applicant, but he did feel it would impact the value. There are other
existing convenience stores within ½ mile so he didn’t feel it would be a significant contribution to the area. He didn’t feel any precedent had been set by the special use in the O&I
district. The residents are quite content with the property being zoned O&I and he is in agreement with staff’s
Page 15 of 19 recommendation. Mr. Simmons expressed concern that the applicant couldn’t adequately limit the lighting from the proposed 18’ high building given that some of the residences
already dominate and look over that height. He stated safety is the most important issue, noting he understood the prevention of turning left, but blocking the entire turnaround which
is accessed by 252 units with over 1,000 vehicles coming and going each day will create more frustration. Mr. Simmons stated agreement with staff’s recommendation and reiterated his
concerns about traffic safety, commenting any incremental increase in traffic volume added to the existing housing units and the bus stop that is used by both WAVE Transit and school
buses in the mornings would substantially impact the area. Peggy Farrell, spoke in opposition, expressing concern about the traffic safety issues, noting many of the residents in Willoughby
Park are older. She felt this type of store would result in more traffic to the area. She also stated serious concern about trucks, noise, and lights, particularly if the business is
a 24-hour convenience store, noting there is 100’ of trees and a fence that help mitigate noise. She commented it is already noisy because of the loading and unloading of trucks and
garbage at the Wal-Mart center. If those trees are removed, it would result in more noise. She reiterated how dangerous the traffic situation is in the area. Mr. Coble reminded the board
how hectic traffic is on Carolina Beach Road in the area. During rebuttal, Spruill Thompson clarified that the applicant has no control over the closing of the turnaround on Carolina
Beach Road at Willoughby Park. NCDOT has plans to close the turnaround at Willoughby Park regardless of the drive-through convenience store proposal. He explained the store will not
be a 24-hour operation. The hours of operation would be 7am to 11pm, Monday through Thursday, 7am to 12 midnight Friday and Saturday, and 10am to 10pm on Sundays. Mr. Thompson stated
the business is a business of convenience that attracts people already passing by the site and generally does not generate additional traffic. In addition, they will take every measure
to direct lighting toward the site and will not be removing trees. He noted the proposal will not have any impact on the noise from Wal-Mart, the bus stop or the deceleration lane. As
a real estate broker for 22 years, it was his opinion that a view onto a dilapidated, foreclosed structure would be less appealing than a view onto a vibrant business. During opposition
rebuttal, Ginger Johnson commented that adding another pull-out onto Carolina Beach Road would create more traffic congestion and result in a safety factor that can’t be ignored. She
stated the opinion that calling a brew-thru a neighborhood business was a bit laughable. She also commented that her view is now a nice open field, which she feels is preferable to a
brew-through. Joseph Batus stated opposition to the proposal on behalf of his mother, Mary Batus, the resident of 1486 Honeybee Lane, next door to Ms. Johnson. He commented the logistics
don’t stack up. There is a two-lane highway and a drive-through coming off a main intersection. Based on the number of people in line at the existing convenience store and the limited
parking proposed, he felt the drive-through convenience mart would result in cars stacking up all the way to Wal-Mart. He noted if lottery was added to the business, people would be
on-line gambling all day, which would also increase the traffic.
Page 16 of 19 Mr. Simmons clarified he didn’t feel the residents were fundamentally opposed to the business, but were opposed to the problem created by the location of the business.
There are existing commercial businesses on the other side of Willoughby Park, for example Pat’s Tire Service. He explained he was not concerned about the additional traffic, but about
the traffic congestion that would be placed between the lights and the entrance to Willoughby Park, creating a safety issue. Chairman Collier closed the public comment portion of the
hearing and opened the discussion among the planning board members. Dan Hilla stated he felt it was obvious the property is a transitional piece of property and it was his opinion that
the residential property to the right would not remain that way forever; however, it is sandwiched between high density residential and high intensity B-2 zoning. For that reason, he
wasn’t sold that this is the right project for the property and would like to hear the opinions of other other board members. Anthony Prinz asked the applicant to address the buffer
proposed between the residential area and the proposed project and to specifically clarify the distances between the property line and the use itself and what the buffer area would consist
of, i.e., fencing, vegetation, etc. John Tunstall, of Norris and Tunstall Engineers, stated the property is zoned O&I surrounded by residential zoning; therefore, the applicant must
meet the New Hanover County buffering standard, which on the side is 2.75 times the height of the building and on the rear is 3.73 times the height of the building. That equates to a
fifty (50) foot side setback and a sixty-seven (67) foot rear setback for the building. The building is located so that no trees will be disturbed and the lighting is designed to be
internal to the site, with no ambient light off-site. They recognized there would be vehicle lights turning into the drive-through convenience store so they have included another buffer
that was not on the original site plan around the drive-way that would a combination of a landscape and fence buffer or one of the two to prohibit car lights from achieving any elevation
before they reach the back of the property and impacting the neighbors. Per a request from Chairman Collier, Mr. Tunstall pointed out the location of the additional buffer for vehicle
headlights on the plan. Mr. Tunstall then explained the turn lane for the proposed project would be separate from the turn lane for Willoughby Park, noting their proposal is on the bubble
for requiring a turn lane at 25 a.m. trips and 28 p.m. trips so the applicant has proposed a turn lane for safety reasons. As stated by Mr. Thompson, the left-turns out of the site have
been eliminated with a concrete median, forcing right-in, right-out only. Temporarily left turns will be allowed into the site from Carolina Beach Road; however, he reported NCDOT does
have a TIP project planned that will close that median. He noted the project contract had been awarded to Cape Fear Paving and he doesn’t think the contract has been awarded yet to another
contractor. He clarified that the proposed project has no connection to the closing of the median by NCDOT. In regard to traffic generation, the applicant could build a 16,000 square
foot office building that would generate many more trips than the proposed project per NCDOT at 38 a.m. trips and 80 p.m. trips. Mr. Prinz asked Mr. Tunstall to explain pass-by trips
and how the project would not generate any new trips on Carolina Beach Road.
Page 17 of 19 Mr. Tunstall explained by virtue of the business being a business of convenience, the applicant is anticipating harvesting cars that are already on the road that have a
last minute impulse to purchase coffee, cokes, nabs, etc. on their way in to work or on their way home. Impulse shopping is the intent of all convenience stores so they are not anticipating
that this will be a destination business. Mr. Prinz stated generally when calculating trip generation for this type of use, the pass-by trip percentage is approximately 60%-70% of all
trips. He then asked Mr. Tunstall to speculate on the height of a 16,000 square foot office building if constructed on the site and the impact it would have on the vegetation on site.
Mr. Tunstall stated he had designed an office building for the site, which would be a two-story building approximately 28 feet in height that met all of the buffer setback requirements
and provided ample parking. He noted the building would require the removal of a number of trees trees on the site, especially the trees on the south side of the site. Dave Weaver stated
in regard to traffic generation, he didn’t feel there would be any more traffic from the drive-through convenience store than there would be from an office building on the site. His
major concern was Finding #4, which addresses whether the project would be in harmony with the character of the surrounding area. He admitted if he had a condo on the back side of this
property and had done his due diligence and found it was zoned Office and Institutional, he would probably also think it would not be harmonious to have a drive-through convenience store
placed there instead of an office development and would be bothered by it. Secondly, he stated he personally felt it would be great if the property to the south whose owner sent the
letter of support for the proposed project was eventually developed with the O&I in harmony as a transitional use from the B-2 to the south. Andy Heath reiterated he felt the traffic
would be pass-pass-through and no additional traffic would be added to the area. Noting he heard neighbor concerns about the driveway being at that crossover, he commented that any proposal
for that site would want to locate the driveway there and take advantage of that crossover for as long as it exists. In fact, an office use would probably get an additional driveway
if possible. He also agreed with Mr. Weaver’s concerns about Finding #4 and wasn’t sure this was the right place for the proposed project. Lisa Mesler echoed Mr. Heath’s comments regarding
Finding #4, noting that was her primary concern as well. She agreed with the other board members that traffic wouldn’t be an issue, but felt they should look further into the issues
around Finding #4. Chairman Collier stated a few things had been addressed that would be positive and a few things that still needed to be addressed. He commented he wasn’t sure initially
if he liked or disliked the proposal. He wasn’t concerned about a convenience store being located in O&I considering a convenience store can be placed in R-15 without gas. He noted the
latest site plan had provided him with more understanding of the site layout. He stated he liked the screen around the drive-through side and would presume the thirty feet of landscaping
there would have be fairly dense, even though he understood that would not be from day one. In regard to traffic, he like the right turn lane, but didn’t notice it on the original plan.
He was glad the left-out had
Page 18 of 19 been removed from the plan. The Transportation Improvement Plan (TIP) drawing appears to be a NCDOT plan. He is sure NCDOT is closing the intersection and he is certain
it will have a similar layout to the improvements recently completed on College Road. He commented that if that turnaround is closed, he didn’t think area residents would be limited
to the turnaround at Wal-Mart because NCDOT would have a plan for a safer, possibly signalized intersection in the area. Chairman Collier commented he saw the project many different
ways and was torn about the proposal. Anthony Prinz stated he thought the project is pretty good for this location because it is more of a neighborhood oriented business. It is a very
low trip generating business, as well, generating less than one car every two minutes during rush hour, which is an exceptionally low-volume use. To find a site where you can put something
like this and provide the level of buffering the applicant is proposing without impacting one existing existing tree, provide appropriate access to the highway that is safe and efficient,
and go over and above what is required by NCDOT with regard to a turn lane, he stated he didn’t think the next proposal to come along on this site is going to go to that level of effort
when they come before the Planning Board with a proposal. He stated, in fact, if the property remains O&I, it will most likely be developed without coming before the Planning Board and
could be a site plan approved with absolutely no feedback from the public. It could be constructed overnight with no opportunity to have this dialogue with the public. While he understands
the neighbor’s concerns about a convenience store being located there, he feels it is consistent with the area given Wal-Mart and the other nearby commercial uses. Dan Hilla commented
he didn’t realize a convenience store was allowed in R-15 zoning with a special use permit. He stated he was torn about the project, but the information regarding traffic generation
and Mr. Prinz’s comments had provided a different perspective on the proposal so he was swaying toward approval of the project. Shawn Ralston clarified the convenience store could be
allowed in an R-15 or other residential district with a special use permit. The intent/rationale to that is more than likely to provide neighborhood access to services they can walk
to. This is a different breed of convenience store primarily for a vehicle. Chris O’Keefe added as part of an O&I district, the intent of a convenience store would be to serve the office
personnel going to and from work. This proposal consumes an entire Office & Institutional district with a use that doesn’t have an office. Chairman Collier stated if we put a convenience
store there they could walk to, the same neighbors would be telling us it would be crime-ridden and they would be coming across the fence. He stated understanding of staff’s comments,
but noted it is a double-edged sword for that particular argument because the converse of that usually comes up up that that is a deterrent as well. The connotation of drive-through
or walk-inside convenience store doesn’t bother him. He explained he doesn’t necessarily see that this particular use wouldn’t be in harmony, but his struggle is with making sure that
the traffic leaving the proposed site is safe for everyone else. He expressed the opinion that the intersection is going to be horrible until NCDOT closes it off and remedies some of
these issues.
Page 19 of 19 Dave Weaver moved that the special use permit application be denied based on the fact that it does not meet finding #4 and is not in harmony with the area in which it is
to be located. Andy Heath seconded the motion. The Planning Board had a split vote of 3-3 on Special Use Permit Request S-606. (Dave Weaver, Andy Heath and Lisa Mesler voted for the
motion to deny S-606). (Richard Collier, Dan Hilla, and Anthony Prinz voted against the motion to deny S-606). Chairman Collier announced the item would move forward for consideration
by the Board of County Commissioners. He then announced the board would take a five minute recess. Chairman Collier called the meeting back to order. Sam Burgess reported the Technical
Review Committee
did not meet during the month of August, but was scheduled to meet in September. Chairman Collier announced the Planning Board would hold a work session from 9am to 11am on Friday, September
7, 2012 in the Finance Conference Room 500 of the New Hanover County Government Government Center to discuss zoning changes and ordinance amendments which may be brought forward by County
staff to improve the New Hanover County Zoning Ordinance. He noted Anthony Prinz and Tamara Murphy would be unable to attend. Anthony Prinz reported a draft greenway plan for New Hanover
County will also be discussed at the work session, which will not be televised. The proposed greenway plan can be viewed at the website, www.WilmingtonGreenway.com. A series of public
information sessions will also be held to review the draft plan and seek comments from interested persons from the public. Chairman Collier adjourned the meeting at 7:45 p.m.