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200801 Jan PBM Minutes of the New Hanover County Planning Board January 3, 2008 The New Hanover County Planning Board met Thursday, January 3, 2008 at 5:30 p.m. in the Assembly Room of the Old County Courthouse, Wilmington, NC to hold a public meeting. Planning Board Present: Staff Present: Melissa Gott, Chair Chris O'Keefe, Planning Director Sandra Spiers, Vice Chair Sam Burgess, Principal Development Planner David Adams Karyn Crichton, Administrative Specialist Richard Collier Jane Daughtridge, Senior Planner Sue Hayes Sharon Huffman, Assistant County Attorney Jay Williams Absent: Ken Wrangell Melissa Gott opened the meeting by welcoming the audience to the public hearing. Sam Burgess led the reciting of the Pledge of Allegiance. Sue Haves made a motion to approve the December minutes. David Adams seconded the motion. The Planning Board voted 6-0 to approve the minutes. Item 1: Rezoning Request (Z-877, 1/08) - Request by David Sneeden for ACI-Pine Ridge, LLC to rezone approximately 1.39 acres located in the 8200 block of Market Street behind Porters Neck Center in the Transition Land Classification from R-15 Residential to B-1 Neighborhood Business District. Jane Daughtridge showed slides of the property and of the surrounding area. Ms. Daughtridge also provided information pertaining to access, level of service, zoning, flood information, and water and sewer. Ms. Daughtridge provided the following staff summary: STAFF SUMMARY The subject property is located in the northeast portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is accessed from Market Street, a principal arterial road, through the Porter's Neck Center. Level of service has been rated D along this segment of Market Street, meaning there is a high density but stable flow of traffic. Traffic counts in this area decreased about 4% between 2004 and 2005. The Highway 17 Bypass/I-140 is located to the north of this property. The property has been used for residential purposes but petitioner indicates structures are currently vacant. The parcel is surrounded by B-1 and B-2 zoning. Adjacent to the northwest and northeast is zoned B-1 and is vacant, wooded area at this time. Property to the southeast is zoned B-2 and is occupied by Porter's Neck Center shopping area. To the southwest is zoned B-1 and is a portion of the Cypress Pond apartment homes. The subject property is located within the Greenview watershed drainage area which is classified C(SW). The property is not within the 100 year flood zone. Soils are primarily class I Rimini sand which is generally suitable for septic systems. Public water and sewer service is available in the area although sewer capacity is severely restricted at the present time. Chris O'Keefe recommended approval of the rezoning request, stating that the property is located at a commercial node and would provide for a more consistent zoning pattern in the immediate area. Mr. O'Keefe provided the following statement: Land Use Plan Considerations: This rezoning petition proposes a change from low density R-15 Residential use to a more intensive B-1 neighborhood business classification. The B-1 Neighborhood Business District is envisioned to provide convenient shopping facilities primarily of necessity goods and personal services to serve a neighborhood. Implementation strategies associated with Policy 4.3 of the land use plan encourage location of regional commercial nodes at major intersections consistent with the Land Classification map and other local plans; and also, the location of commercial centers to provide service and trade at key intersections. The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. This subject property is currently an island of residential zoning in the middle of commercial B-1 or B-2 districts. It is in the midst of an existing commercial node located at a major intersection where an Interstate Road, a US Highway, and an Urban Collector come together. Rezoning to bring the area into a consistent zoning classification seems reasonable and appropriate. For this reason, staff recommends approval. David Sneeden, an attorney representing property owners, ACI Pine Ridge, stated that his client is requesting the rezoning so that it may be incorporated into the plans of a larger tract to the immediate north that has been conditionally approved for a home and garden center. Mr. Sneeden explained that the rezoning would make it possible to achieve a condition placed on the tract to the north; to enhance internal traffic flow and provide interconnectivity. Mr. Sneeden stated that the majority of the subject property would be used for access and interconnectivity; approximately one-third would be used to manage stormwater; and one-quarter for outparcel use. Mr. Sneeden added that a buffer would be constructed between the adjacent apartments and their stormwater pond. No one spoke in opposition. 2 There was no Board discussion or questions. Sue Haves made a motion to recommend approval of the rezoning request. Sandra Spiers seconded the motion. The Planning Board voted 6-0 to recommend approval. Item 2: Conditional Rezoning Request (Z-878,1/08) - Request by Howard Capps for James & Melissa Vass to conditionally rezone 2.96 acres located south of and adjacent to 2010 Capital Drive in the Transition Land Classification from AR Airport Residential and R-15 Residential to CD(I-1) Light Industrial Conditional District to allow for boat storage. Jane Daughtridg_e showed slides of the property and of the surrounding area. Ms. Daughtridge provided information pertaining to land classification, soils, access, level of service, zoning, flood information, and water and sewer. Ms. Daughtridge showed the proposed site plan and stated that the owners wish to expand their boat/rv storage facility. Ms. Daughtridge provided the following staff summary: STAFF SUMMARY The subject property is located in the northern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is accessed from Capital Drive, a local street serving Murrayville Station Business Park, via Farley Drive or N. College Road near its intersection with Gordon Road. Neither traffic counts nor levels of service are available for Capital or Farley Drive, however, traffic along N. College in this vicinity is shown at LOS F, meaning traffic exceeds design capacity. Traffic counts along N. College Rd. increase by approximately 41% between 2003 and 2006. The subject property has been casually used for outside storage associated with the existing boat storage operation. The parcel is generally landlocked. A Progress Energy power line and easement extends across the eastern portion of the property. A small sliver along the eastern boundary is zoned R-15. This appears to be a residual zoning from an earlier pattern that was likely established using the utility easement as a zoning boundary. Parcels to the west are vacant, wooded land. Residential use is in place to the south and east of this parcel. The property is just outside the airport horizontal zone. The subject property is located within the Smith Creek watershed drainage area which is classified C(SW) and is listed on the 303(d) list of impaired waters. The property is not within the 100 year flood zone. Soils are primarily Class II Seagate sand with moderate limitations for septic systems. Public water and sewer service is available in the vicinity. Chris O'Keefe recommended approval of the request, stating that an extension of the conditional I-1 district to accommodate for the petitioner's growing business seems appropriate; is consistent with the CAMA Plan; and would bring the property into zoning compliance. Mr. O'Keefe provided the following statement: 3 Land Use Plan Considerations: This rezoning petition proposes a change from low density Airport Residential and R-15 Residential use to a conditional district for light industrial use as an outdoor storage area for boats, RVs and campers as an expansion of an existing conditional I-1 district. Implementation strategies associated with Policy 4.2 of the land use plan encourage location of industrial areas to maximize efficient use of infrastructure while protecting the environment and residents from undue impacts. Conditional districts are designed for firm development proposals and require site specific plans to be approved as special use permits, thus providing maximum protection and predictability. The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. This subject property is currently being used for the purposes sought in the petition. Rezoning to bring the area into full zoning compliance, to create a cohesive business operation and to apply appropriate site design standards seems reasonable and appropriate. For this reason, staff recommends approval. Chris O'Keefe provided the following Findings of Fact: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public utilities are available in the area. B. Access to the proposed expansion will be restricted by an existing security gate from Capital Drive. C. Capital Drive is a local street serving only the Murrayville Station business park. D. Fire Service is provided by Wrightsboro VFD. E. The property is not located in a flood hazard area F. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on site. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned AR-Airport Residential and R-15 Residential District. This request is made concurrent with conditional rezoning to CD (I-1) Conditional District for industrial use. B. Petitioner proposes 135 outdoor storage spaces on the subject property. No buildings are proposed. 4 C. Traffic circulation is not applicable since this site is accessed via the existing storage operation by a security gate. D. Drive aisles exceed the general width standard in order to accommodate maneuvering of boats and RVs. E. A traffic impact analysis is not required. F. A vegetative buffer will be added as required by the ordinance. G. All existing regulated trees will remain on the site. 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. No evidence has been submitted that this project will decrease property values of adjacent parcels. B. Outside storage will be located only within an existing fenced area, thus providing an extended buffer from surrounding residential zoning districts. 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 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. B. The proposal is consistent with the policies relating to industrial use. STAFF COMMENTS: Staff feels these findings are positive without further conditions. Howard Capps, a landscape architect/land planner representing the property owners stated that his clients are requesting the conditional rezoning to expand their growing business and bring their property into zoning compliance. Mr. Capps outlined key details of the site plan including: the expansion will not impact any trees; the existing stormwater pond is large enough to accommodate additional runoff, a buffer will be constructed around the property per County regulations; and the property is landlocked and access is only through the entrance of the Murrayville Station Business Park. Mr. Capps stated that he agrees with the staffs Findings of Fact. No one spoke in opposition. There was no Board discussion or questions. 5 David Adams made a motion to recommend approval of the rezoning request. Jay Williams seconded the motion. The Planning Board voted 6-0 to recommend approval of the rezoning request. David Adams made a second motion to recommend approval of the special use portion of the request. Sue Haves seconded the motion. The Planning Board voted 6-0 to recommend approval of the special use portion of the request. Item 3: Special Use Permit Request (5-580, 1/08) - Request by Vicki Broussard for a special use permit to place a child daycare facility for up to 60 children in an R-15 Residential Zoning District at 440 Horn Road in the Urban Land Classification. Jane Daughtridge showed slides of the property and of the surrounding area. Ms. Daughtridge provided information pertaining to access, level of service, and zoning. Ms. Daughtridge showed the proposed site plan; stated that the building has been used as a church; and that the petitioner plans to fence the side yard for a play area Chris O'Keefe stated that the daycare would provide care for up to 60 children. Mr. O'Keefe provided the following Findings of Fact: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Private water and septic serves the property. B. The property accesses Carolina Beach Road, an identified arterial, by Horn Road a local street. C. Level of Service on Carolina Beach Road is rated as E, meaning the road is operating at capacity. D. Traffic Impact Analysis is not required because peak hour trips are estimated at about 65 trips. The threshold for TIA is 100 peak hour trips. E. Fire Service is available from the Myrtle Grove Fire Department. F. The property is not located in a flood hazard area. G. The proposed facility is an existing building historically used as a church. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. B. Off-street parking requirements exceed the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. Applicant acknowledges that the play area must be enclosed by a fence with a minimum height of four feet. The site plan shows a play area to the west of the building. 6 D. The day care will be licensed by the State of North Carolina. E. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted. F. All other local, state and federal requirements must be met. 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. Child care facilities exist in other residential districts in New Hanover County. The applicant has been operating a home daycare in the neighborhood for several years. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 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 2006 Land Use Plan Update identifies this area as Urban. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs. Vicki Broussard, petitioner, stated that she currently runs a daycare in her home under an existing special use permit and would lease the church property to expand the daycare. Ms. Broussard stated that a daycare would be an asset to the community by providing a necessary service. Ms. Broussard submitted a letter of support from Robin Clayton into the record. Dr. Herbert Speight with Trinity Independent Freewill Baptist Church, spoke in support of Ms. Broussard's request for a special use permit, stating that there is a large demand for childcare in the area and that she provides good childcare. Dr. Speight stated he has consented to let her use the church. No one spoke in opposition. There was no Board discussion or questions. Sandra Spiers made a motion to recommend approval of the special use permit request. Richard Collier seconded the motion. The Planning Board voted 6-0 to recommend approval of the special use permit. Sam Burgess provided an update of the Technical Review Committee's (TRC) activity for the month of December: 1. Hanover Lakes - The Technical Review Committee voted 4-0 to preliminarily approve the project for 261 units with the following two conditions: 7 a. Road stubs must be constructed prior to final plat approval b. The traffic impact analysis recommendations agreed upon by the NCDOT and MPO must be completed 2. Tidal Walk - The Technical Review Committee voted 4-0 to approve the road re- designation of a portion of Lambourn Drive with the following requirements: a. No "on street" parking b. Public road lot owners must pay maintenance dues on the private road Sam Burgess provided a summary of subdivision activity for 2007. Mr. Burgess stated that 31 preliminary plats, containing 2,537 lots were approved and 54 final plats were approved, totaling 755 lots. Sam Burgess stated that the TRC would meet neat on January 9, 2007 at 2:00 p.m. Jane Daughtridge provided a year end report for special use, rezoning, and teat amendment cases for 2007. Ms. Daughtridge provided the following report: REZONING HIGHLIGHTS (28 cases processed) Eighteen (18) cases were approved; nine (9) were either denied or withdrawn. One (1) will be heard by Co. Commissioners in January. One case was a modification of a Planned Development (PD master plan. Ten (10) of the cases were conditional district requests. Of those, eight (8) were approved and two (2) were withdrawn. Four (4) of those were modifications of prior approved site plans. Public participation made a significant impact on rezoning cases in 2007. The projects which generated the most notable public scrutiny were the PD master plan modification to move River Road and the Conditional District rezoning for commercial and office uses near the Pender County line. However, there were many proposals that were modified, denied or withdrawn as a result of public comments. Looking at combined totals for general and conditional cases: The largest loss of acreage was in I_2 Heavy Industrial zoning, with a net loss of 552.6 acres. The neat largest loss was a modest 15.6 acres of B-1 Neighborhood Business, which transitioned to CD(B-2). The county's moderate density R-15 residential district enjoyed the greatest gain, capturing 269.13 acres from other zoning districts while still giving up 115.3 acres to higher density R-10. 8 Commercial zoning also showed a sizeable net gain of 135.1 acres in the BB2 Highway Business district. Office and Institutional O&I gained 32.8 acres, mostly comprised of a conditional district associated with a future hospital site near the Pender County line. SPECIAL USE HIGHLIGHTS (17 cases processed - not including CD cases) Twelve (12) special uses were approved; two (2) were denied; three (3) were withdrawn. Six (6) of the cases were modifications of prior approved permits. Seven (7) of the cases were for Community Boating facilities. Public participation was lively for a large number of cases. The cases which generated the most notable public scrutiny were the modification to add land and development to the UNC-W Center for Marine Science and a request for a child daycare center on Sanders Rd. TEXT AMENDMENT HIGHLIGHTS (14 cases processed) Ten (10) amendments were approved; two of which were amendments to the subdivision ordinance. One request was withdrawn. Three (3) amendments are pending approval by the County Commissioners. The most notable changes were addition of the Riverfront Mixed Use (RFMU) District and a requirement for Traffic Impact analysis on all non-residential projects that generate 100 peak hour vehicle trips. The Planning Board held several workshop meetings to discuss and explore options for most of these amendments. Collaborative input from various community stakeholders contributed significantly to adoption of meaningful changes. LAND USE PLAN AMENDMENT One amendment to the 2005/2006 CAMA Land Use Plan has been adopted to accommodate policies allowing for realization of our RFMU district. That amendment will be heard before the Coastal Resources Commission in New Bern on January 18th. Hearing no further business, Melissa Gott adjourned the meeting at 6:15 p.m. Chris O'Keefe Planning Director 9