200706 June PBM
MINUTES OF THE
NEW HANOVER COUNTY PLANNING BOARD
JUNE 7, 2007
The New Hanover County Planning Board met Thursday, June 7, 2007 at 5:30 p.m. in the
Human Resources Training Room at the New Hanover County Government Center, 230
Government Center Drive, Wilmington, NC to hold a public meeting.
PLANNING BOARD PRESENT: STAFF PRESENT:
Sandy Spiers, Chair Chris O'Keefe, Planning Director
David Adams Sam Burgess, Principal Development Planner
Richard Collier Karyn Crichton, Administrative Specialist
Melissa Gott Jane Daughtridge, Senior Planner
Sue Hayes Sharon Huffman, Assistant County Attorney
Jay Williams
Ken Wrangell
Sandy Spiers opened the meeting by welcoming the audience to the public hearing. Sam Burgess
led the reciting of the Pledge of Allegiance.
Sandy Spiers asked the Planning Board members for nominations to elect a Vice-Chair. Hearing
none, Sandy Spiers nominated Melissa Gott for Vice Chair. Richard Collier seconded the
nomination. The Planning Board voted unanimously to elect Melissa Gott, Vice-Chair of the
Planning Board.
Sandy Spiers welcomed Richard Collier to the Planning Board.
Sue Haves made a motion to approve the May minutes. Dave Adams seconded the motion. The
Planning Board voted 4-0 to approve the minutes.
Item 1: Special Use Permit (S-576, 6/071 - Request by Withers & Ravenel for Monkey
Junction Mini-Storage (Archie McGirt) to grant a special use permit for a Dwelling Unit
contained within a Principal Use in association with a mini-storage facility to be located at
2306 North 23rd Street in an Al Airport Industrial zoning district.
Jane Daughtridge presented slides of the property and site plan and gave an overview of the
site's history, land use, zoning, level of service (LOS), and related information
Chris O'Keefe stated that a special use permit is required to locate a residential structure in an
airport industrial area. Mr. O'Keefe provided the staff's findings of fact:
1. The board must find that the use will not materially endanger the public health or
safety if located where proposed and developed according to the plan as submitted and
approved.
A. The subject property is located within the Wrightsboro Volunteer Fire District.
B. City water will serve the facility
C. County sewer is approved for the mini-storage project.
D. A small percentage of the subject property is located in a 100-year floodplain.
E. Access to the site is from N. 23`d St., an identified urban major arterial.
F. NCDOT has issued a driveway permit.
2. The Board must find that the use meets all required conditions and specifications of the
zoning ordinance.
A. The site is located in an Al- Airport Industrial Zoning District. A Special Use Permit allows
a dwelling unit within a principal use in the Al District under certain conditions.
B. The residence is only to be used by the resident manager and is intended to provide on-site
security for the business in accordance with 72-29(2) of the ordinance.
C. The building provides a minimum 10 foot site yard and 20 foot rear yard in accordance with
the provisions of 72-29(3) of the ordinance.
D. The site plan indicates unobstructed open space of 1,922 sq. ft., consistent with 72-29(4).
E. The proposed office/residence use is proposed at approximately 3,000 sq. ft. gross floor area.
The residence does not exceed 50% of the area in accordance with 72-29(5) of the ordinance.
F. The dwelling will be an upper story residence over the mini-storage office, consistent with
72-29(6) of the ordinance.
G. Off-street parking indicates 2 spaces for the residence in addition to the requirements for the
office use, in compliance with 72-29 (7) of the ordinance.
H. A building layout plan is included with the site plan as required by 72-29(8) of the ordinance.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. Surrounding properties are industrial in nature.
B. No evidence has been presented that the proposed use will injure the value of adjoining or
abutting property values.
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 New Hanover County Comprehensive Plan classifies this location as Transition. The
Transition Class is intended to provide for "continued intensive urban development on lands
that have been or will be provided with necessary urban services.
B. Surrounding land uses include the northside wastewater treatment plant, the airport and
manufacturing use.
Staff Comments:
1. Staff feels the findings are positive.
Alton Lennon, the attorney for the petitioner stated than an onsite residential manager is essential
to mini-storage facilities for security and customer service purposes. Mr. Lennon further stated
that he agrees with the staff's findings of fact and called upon Cindee Wolf, Withers & Ravenel
to answer the technical questions from the Board.
Cindee Wolf a landscape architect with Withers and Ravenel stated that the site plan has
incorporated all of the requirements of the ordinance.
There were no questions from the Board.
No one spoke in opposition.
Jay Williams made a motion to recommend approval of the item. Sue Haves seconded the
motion. The Planning Board voted 7-0 to recommend approval of the item.
Item 2: Conditional Rezoning (Z-865, 5/07) - Request by Withers & Ravenel for Thomas
and Julia Congleton to rezone approximately 2.8 acres located at 6801 Carolina Beach
Road in the Transition land classification from R-15 Residential District to CD(B-1)
Conditional District to allow for 25,000 sq. ft. of commercial use with a range of 19 optional
uses.
Jane Daughtridge presented slides of the property and gave an overview of the site's history, land
use, zoning, level of service (LOS), and related information. Ms. Daughtridge provided the
following summary:
STAFF SUMMARY
The subject property is located at 6801 Carolina Beach Road at the intersection of Carolina
Beach Road and Myrtle Grove Road and is classified as Transition on the 2006 land
classification map. Primary access would be from Carolina Beach Road since a median on
Myrtle Grove Road interferes with westbound turns onto the property.
Carolina Beach Road is classified as an arterial roadway with a Level of Service (LOS) C & D,
meaning traffic flow is high density but generally stable. Myrtle Grove Road was identified in
2005 as Level of Service C&D also. The design of this intersection produces an awkward traffic
access for the site, which will likely warrant the requirement of a deceleration lane when the use
changes and new driveway permits are approved.
The subject property is bordered in all directions by R-15 Residential, although the property on
the opposite corner has a convenience store located in the R-15 district. To the north of this
property the Tidal Walk subdivision with 154 lots is being developed.
The subject property is located within the Seabreeze watershed drainage area and is not within a
flood zone.
Public water and sewer are nearby the site at Tidal Walk.
Chris O'Keefe provided the land use plan considerations
Land Use Plan Considerations:
The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition Class
as being to provide for "continued 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
policies requiring optimum efficiency in land utilization and public service delivery."
This rezoning petition proposes a change from a residential district to a conditional
district for a range of 19 potential light commercial uses in proximity to a pre-existing
commercial activity but surrounded by residential zoning and uses. Some of these uses range
from a barber and beauty shop, restaurants, drinking establishments, or drugstore.
The ordinance describes the situations in which conditional districts might be considered,
and notes that this procedure is intended primarily for use with transitions between zoning
districts of very dissimilar character (e.g. R-15 and B-2) where a particular use or uses, with
restrictive conditions to safeguard adjacent land uses, can create a more orderly transition. It is
not intended as a routine substitute for the general rezoning procedure, or for frequent use,
because creating a large number of such specialized districts can lead to excessive administrative
complexity and great difficulty in maintaining consistent and predictable land use policies. The
ordinance also advises that this option is intended only for firm development proposals, and shall
not be used for tentative projects without definitive plans.
Staff Recommendation:
Based on the above analysis, staff feels that this does not rise to the intent of a conditional
district as described in Section 59. 7-1 because the broad range of uses implies that the request is
merely a substitute for general rezoning, that plans are tentative and not firm, and the proposal
cannot therefore provide the predictability characteristic of the conditional district description.
Furthermore, the median on Myrtle Grove Road at the front of this property will make access to
the traveling public somewhat difficult. The surrounding area is all zoned R-15. Staff feels the R-
15 zoning designation is most appropriate for this property in relation to community character
and safety issues and recommends denial of the zoning change.
Mr. O'Keefe then provided the findings of fact for the special use portion of the item:
PRELIMINARY STAFF FINDINGS FOR THE COMPANION SPECIAL USE PERMIT:
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 water will serve the property.
B. Public sewer is available nearby.
C. Access will be from northbound Carolina Beach road, an identified arterial.
D. Traffic counts increased about 2% on Carolina Beach Road and about 19% on
Myrtle Grove Road between 2003 and 2005.
E. Fire Service is provided by Myrtle Grove VFD.
F. The property is not located in a flood hazard area.
G. Stormwater retention has not been submitted for review for this site plan. The
stormwater management method is listed in the notes as "under-pavement
infiltration piping." Since a shallow water table is often present in the southern
portion of the county, under-pavement infiltration may not be able to meet the
water table separation requirements of the ordinance.
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 District. This request is made concurrent
with conditional rezoning to B-1 Neighborhood Business District.
B. The proposed range of uses is too broad to be construed as anything other than
"tentative" and therefore does not meet the spirit and intent of a conditional use
district as described in Section 59.7-1.
C. Petitioner proposes off-street parking that exceeds the requirements of Article
VIII of the New Hanover County Zoning Ordinance by providing 102 spaces
compared to 64 spaces required at a standard of 1 per 400 s.f.
D. Setback shown for the proposed two-story building does not comply with setback
requirements per code enforcement comment.
E. Significant trees on site are proposed to be retained.
F. Traffic calculations submitted by the applicant suggest that the total peak hour
volume for combined office and specialty retail uses would be under the 100 trip
per day threshold and would therefore not require a Traffic Impact Analysis.
However, a restaurant use was not calculated and could trigger the threshold.
G. Stormwater management must comply with the County's stormwater ordinance.
The proposed site plan is unlikely to be viable if the stormwater management
method suggested is not practicable.
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. Stormwater management must perform in compliance with the requirements of
the County ordinance.
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 identifies this area as Transition, which provides for
future intensive urban development on lands that have or will have urban services.
B. The dominating uses in the area are single family residential.
C. A non-conforming commercial use is present across Myrtle Grove Road from this
site.
Staff suggested conditions:
1. Staff notes one finding of fact that contradicts the purposes of conditional
use district zoning and others which may be construed as negative findings.
2. If approved, staff recommends parking spaces provided in excess of the
minimum required be constructed of pervious pavement.
3. If approved, uses should be more narrowly limited to specialty retail and
general offices only.
4. If approved, the proposed driveway should be separated from the existing
residential drive to the maximum extent possible without losing trees.
5. If approved, additional vegetative buffering should be installed on the south
property boundary to mitigate visual impacts on the adjacent residential
uses.
Jay Williams inquired why the item was withdrawn from a previous Planning Board meeting.
Chris O'Keefe stated that staff recommended to the petitioner to narrow the range of uses by
submitting a conditional rezoning request; however the range is still too broad.
Thomas Conglelton owner of property and area resident for approximately 50 years, stated that
there is a lot of foot traffic in the area and believes there will continue to be a demand for
services in the area. Mr. Congleton called upon Cindee Wolf to answer technical questions from
the Board.
Cindee Wolf, landscape architect, stated that the item was previously before the Board as a
straight B-1 rezoning but withdrawn and resubmitted as a conditional rezoning proposal. Ms.
Wolf stated that the project is concrete and is requesting leeway in the types of neighborhood
commercial uses but that the table of uses is negotiable. Ms. Wolf stated that the project is
appropriate for the area because it is zoned transition, located at a signalized intersection and
along a major thoroughfare; has water and sewer capacity, and would provide services to a
growing area Ms. Wolf stated that the staff's recommendations are doable and recognizes that a
buffer variance would be required.
Richard Collier asked Ms. Wolf what types of restaurant uses were in mind given the proximity
of residential zoning and asked various technical questions regarding access.
Cindee Wolf stated that their proposal intends to allow for coffee shops and sub shops; not drive-
thrus or drinking establishments.
Iris Spicer adjacent property owner spoke in opposition to the item because she was concerned
that her property taxes would increase.
Lonnie Simmons adjacent property owner stated that she was concerned for the safety of the
elderly population given the increase in traffic. Ms. Simmons also wanted to know what types of
businesses would be established.
Cindee Wolf stated that the zoning ordinance does not define eating establishments independent
from restaurants or eating & drinking establishments.
David Adams stated that he does not have an issue with the applicant's proposal but is torn
regarding the issue of specificity and to what extent is required by the ordinance.
Sue Haves expressed concern about "spot zoning"/locating a commercial project in the middle of
residential zoning and with the median issue. Ms. Hayes stated that she was leaning towards
voting against the project.
Jay Williams agreed with Ms. Hayes and stated that he also struggled with the "spot zoning"
issue and was concerned that additional conditional rezoning requests would begin to stem out
from one another.
Melissa Gott expressed concern regarding the lack of conformity given that the proposed CD (B-
1) is surrounded by R-15.
Ken Wrangell concurred with the opinion that the surrounding residential zoning precludes B-1
zoning. Mr. Wrangell also expressed concern regarding safety/traffic issues, particularly at the
intersection of Carolina Beach and Myrtle Grove roads.
Richard Collier stated that the proposal is out of place given the surrounding residential zoning
and that the proposal is still too broad but that that latter may be a policy issue.
Sand Spiers asked Cindee Wolf if she would like the Planning Board to move forward with a
vote.
Cindee Wolf withdrew the application.
Item: 3 Modify Special Use Permit (5-345, 11/92; 6/07 modification) - Request by Ogden
Fire Department to modify an existing special use permit by removing conditions to allow
for residential use in the fire station and to allow clearing of underbrush in the buffer area
located at 907 Porter's Neck Road in a R-20 zoning district in the Transition Land
Classification.
Jane Daughtridge stated that the item is a request to modify conditions of an existing special use
permit. Ms. Daughtridge provided the site's history and showed slides of the site plan and
various photos of the buffer, to illustrate the areas of underbrush which the applicant seeks to
remove.
Chris O'Keefe stated that the item is an amendment to an existing special use permit and
provided the a brief history:
HISTORY: In May of 1993, the New Hanover County Commissioners approved a special use
permit for a satellite fire station in an R-20 zoning district, subject to a list of 9 added conditions.
An advisory opinion of the County attorney in a 1998 memo to the Planning Director invalidated
the condition which imposed a prohibition on using the site as a polling place since state law
requires expenditure of public money and the availability of such buildings for voting places.
Mr. O'Keefe also provided the staff's findings of fact:
Preliminary Staff Findings:
1. The board must find that the modified use will not materially endanger the public
health or safety if located where proposed and developed according to the plan as
submitted and approved.
A. The subject property is accessed via Sharaz (Syrah)Way to Porters Neck Road.
B. New development in this area of the county has increased significantly since 1993,
creating higher demand for emergency services.
C. Traffic from new residential subdivisions to the north often use Sharaz (Syrah) Way for
"cut-through" access to Porter's Neck Road.
D. Residential staffing at the fire station will improve response times to this area of the
county.
2. The Board must find that the modified use meets all required conditions and
specifications of the zoning ordinance.
A. The site is located in an R-20 Residential Zoning District. Government buildings may be
allowed by special use permit.
B. The proposed residence is only to be used by the firefighters on duty.
C. No violations of the existing permit have been noted by code enforcement officials.
D. Allowing clearing of undergrowth would not be counter to the intent of Condition 5 of
the existing permit so long as trees remain in place and reasonable visual opacity is
maintained.
E. Off-street parking is shown in compliance with 72-29 (7) of the ordinance.
F. A building layout plan is included with the site plan as required by 72-29(8) of the
ordinance. The current storage area would be converted to accommodate 2 beds.
3. The Board must find that the modified use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. The residential component will be a conversion of existing second floor storage area and
will not increase the overall size of the building, consistent with Condition 7 of the
original permit.
B. No evidence has been presented that the proposed use will injure the value of adjoining
or abutting property values.
C. Providing 24-hour fire service could improve the ISO rating and thereby improve
insurance rates for area residents.
4. The Board must find that the location and character of the modified 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 New Hanover County Comprehensive Plan classifies this location as Transition. The
Transition Class is intended to provide for "continued intensive urban development on
lands that have been or will be provided with necessary urban services.
B. Surrounding properties are residential in nature.
C. The existing conditions regarding added setbacks and retention of trees and vegetation
serve to promote harmony with the character of the area.
Staff Comments:
1. Staff suggests that Condition 5 should remain in place to protect trees; however,
existing vegetation which might be deemed "underbrush" by code enforcement
officials could be removed without offending the overall intent of the original concern
for protecting the residential character in the area.
2. Staff feels the findings are positive.
Matt Davis with New Hanover County Fire Services/applicant stated that they are requesting to
amend the existing special use permit to include residential activity and to remove the
underbrush at the Ogden Fire Station.
David Adams asked Mr. Davis why Fire Services want to remove the underbrush given that it
provides opacity, thereby satisfying one of the conditions of the existing special use permit. Dr.
Adams stated that he passes the Ogden Fire Station almost daily and prefers to have the station
concealed by the vegetation.
Matt Davis contended that the original intention of the condition for underbrush was to conceal
the fire station into the natural habitat but given the development of a major thoroughfare, Fire
Services now feel that that condition is not necessary and a safety/fire hazard. Mr. Davis stated
that the brush should be removed so that the fire station may be visibly seen.
No one spoke in opposition.
Sand Spiers asked the Board for their opinions regarding underbrush and asked if the public
was informed that underbrush might be removed.
Chris O'Keefe stated that standard public notification procedures were followed and staff met
with a couple representatives from the Porters Neck home owners association, who were neutral
on the issue.
Ken Wrangell asked at what caliper was a tree designated from underbrush.
Chris O'Keefe stated that the County's Tree Ordinance specifies tree diameters which would
require mitigation and that Fire Services would be amenable to adhering to that or developing a
minimum caliper width and preserving the significant trees.
Sandy Spiers commented that she preferred the clean look.
Ken Wrangell made a motion to recommend approval of the item with staff conditions plus an
additional condition that trees 4 inches or larger in caliper width, not be removed in efforts to
preserve opacity, provide a cleaner look, and remove the fire hazard. Melissa Gott seconded the
motion.
Dave Adams stated that he would have preferred the motion split into two parts so that he could
vote in favor of the residency but against the removal of the underbrush.
Sue Haves echoed David Adams' comment.
The Planning Board voted 4-3 (Adams, Collier, Hayes) to recommend approval of the item.
The Planning Board took a 20 minute break.
Sand, SSpiers called the meeting back to order.
Item 4: Modify Special Use Permit (5-329 3/91; 4/00; 8/03; Modification 6/07) - Request by
David Girardot for UNC-W to modify an existing special use permit to modify the
approved site plan to expand the Marine Sciences Center in an R-15 zoning district located
off Masonboro Loop Road at 5600 Marvin K. Moss Lane to add an 80,000 sq. ft. bio-
technology laboratory building and oyster hatchery.
Sandy Spiers asked to be recused from the item because she serves on the Foundation Board for
UNCW.
Melissa Gott Vice-Chair asked for a motion to recuse Sandy from the item. Sue Hayes made a
motion to recuse Sandy, seconded by Jay Williams. The Planning Board voted unanimously to
recuse Sandy from the item.
Jane Daughtridge stated that this is a modification to an existing special use permit. Ms.
Daughtridge provided slides, levels of service (LOS), zoning, access, and site plans.
Chris O'Keefe provided the following history:
History: The original project was approved in 1991 with major modifications approved in 2000
and 2003. Petitioner asks for another modification to add about 9.6 acres to the permit as well as
site plan amendment to add a new 80,000 sq. ft. research facility including laboratories,
administrative facilities and an oyster hatchery.
Mr. O'Keefe stated that because this is a modification to an existing special use permit, Planning
staff has prepared the following findings of fact:
Preliminary Staff Findings
1. The board must find that the modified use will not materially endanger the public
health or safety if located where proposed and developed according to the plan as
submitted and approved.
A. The subject property is located within the Myrtle Grove VFD.
B. The site is served by County Sewer and City water.
C. Access to the site is from Masonboro Loop Road via the existing Marvin K. Moss Lane.
According to the applicant's statement, the 15 foot private road (Holt Road) to the south will
remain available to residential property owners for access to Masonboro Loop Road but will
not be used by the Marine Science Center for access to its site; however, the site plan shows
access to Holt Rd from the new building because code requires the access.
D. The proposed expansion will provide additional land, a new bio-technology building and an
oyster hatchery to the existing Center for Marine Sciences.
E. The proposed expansion adds approximately 9.3 acres of property to the existing 55.6 acre
site. The additional acreage is located adjacent and south of the existing site and will result in
a new total of approximately 65 acres.
F. The plan adds approximately 80,000 s.f of research, laboratory and administrative space to
the facility
G. Site clearing for the project will be limited to areas required for site construction.
H. Applicant proposes "green" building principals to the extent possible
2. The Board must find that the modified use meets all required conditions and
specifications of the zoning ordinance.
A. The proposed expansion to the Marine Research Facility will be operated by the University
of North Carolina at Wilmington's Center for Marine Sciences.
B. The property is zoned R-15 Residential. Colleges, Universities, and related uses are
permitted by Special Use Permit in the R-15 Residential District.
C. The existing facility contains approximately 81,300 square feet of building floor area with
24,660 sq. ft. under construction.
D. The proposed new addition on the south side of the existing building will be a two-story
structure containing approximately 80,000 square feet.
E. Parking will be provided in accordance with Section 81 of the County's Zoning Ordinance.
F. A 50-foot buffer of natural vegetation will be preserved between adjacent property owners
and the Marine Science Center.
G. The Eastern portion of the site lies within the 100 year floodplain and there is Salt Marsh that
is regulated by the County Conservation Overlay District. No buildings are currently within
this area and none are proposed.
H. The center is consistently out of compliance with condition (3) below because the laboratory
cannot function properly when that condition is imposed, according to comment from code
enforcement official.
I. The Board of Commissioners approved the existing facility in 1991 and revised the permit in
March 2001 with 4 conditions; the permit was again modified in September of 2003, adding
conditions (5) through (9) below:
(1) UNCW continue their commitment to work with the neighbors on mitigating
the noise concern emanating from the heating and cooling units.
(2) Any additional proposed construction after the Board approval in 2001 will
require a new special use permit.
(3) Between the hours of 8:00 pm and 8:00 am, one heating/cooling unit will be in
operation. The unit will operate on low setting.
(4) Noise readings will be monitored quarterly for one year by professional
technicians hired by UNCW.
(5) All other applicable federal, state and local laws.
(6) Stormwater Management shall comply with the County Ordinance
(7) The additional parking areas shall remain unpaved
(8) All previous conditions shall remain.
(9) The addition to the building shall not exceed 25,500 sq. ft.
3. The Board must find that the modified use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. The proposed addition will maintain and/or improve visual and acoustical screening.
B. Improvements to the site will all access from the Marvin K Moss Lane entrance.
C. Applicant indicates that community meetings will be held to inform and receive input from
area residents.
D. No evidence has been presented that this expansion will injure the value of adjoining or
abutting property values.
4. The Board must find that the location and character of the modified 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 site is classified as resource protection by the New Hanover County Comprehensive
Plan. The purpose of the Resource Protection class is to provide for the preservation and
protection of important natural, historic, scenic, wildlife and recreational resources.
Compatible commercial and industrial development may be located within this class
provided important resources are not adversely impacted.
B. Several regulated trees exist on site. Efforts should be made to preserve these specimen trees
or their removal be mitigated in accordance with Section 67 of the Ordinance.
Staff Comments:
a. The conflicting statements regarding use of Holt Road by the Marine Science
Center needs to be clarified, either within the findings or on the site plan.
b. Staff suggests removing the pre-existing condition relating to HVAC hours of
operation and settings so that the facility can function properly without violating
the conditions of the permit.
David Girardot, Associate Vice Chancellor for Facilities at UNCW/petitioner stated that they are
requesting a modification to the existing special use permit to construct a 80,000 sq. ft. bio-
technology center. Mr. Girardot provided a history of the facility and showed the proposed site
plans. Mr. Girardot stated that UNCW was selected to be one of three research centers for the
North Carolina Oyster Hatchery program. Mr. Girardot stated that the expansion would
accommodate existing employees and does not anticipate increasing traffic significantly. Mr.
Girardot provided the details of the proposed facility stating that the building would be designed
with advanced mechanical and electrical equipment to minimize any noise or lighting extrusions.
Mr. Girardot stated that UNCW has met with neighbors to address their concerns and will
continue to do so. Mr. Girardot further stated that the new research facility would be a benefit to
the County and could provide an economic catalyst for the area.
Paul Meadows adjacent property owner stated that he is not opposed to the marine center or its
expansion but recommends denial of the project until issues regarding health and safety, as well
as quality of life are resolved. Mr. Meadows stated that Holt Road must be improved to a 20-
foot paved road to serve for emergency access. Mr. Meadows expressed concerned with
UNCW's unreceptive attitude regarding the improvement of Holt Road during neighborhood
meetings. Mr. Meadows asserted that County Fire has stated that code requires a secondary for
such a facility. Mr. Meadows stated that the neighborhood residents' quality of life has been
diminished since the inception of the marine science center due to things such as a noisy HVAC
system and the destruction of scenic waterfront, replaced by an industrial pier. Mr. Meadows
further stated that he is disappointed in general with the lack of concern or responsibility UNCW
shows for its neighbors.
David Girardot responded in his rebuttal that the requirement of secondary egress is currently
being disputed by the Department of Insurance. Mr. Girardot stated if secondary access is
required, UNCW would follow whatever is required from Fire Services and County Code. Mr.
Girardot stated that UNCW has gone to great lengths to lessen the noise from the HVAC systems
and believes they are in compliance.
Paul Meadows stated in his rebuttal that the neighbors never opposed the creation of the marine
center but UNCW should be a better neighbor considering it is situated in the middle of a
residential zoning district (R-15).
Jay Williams asked for clarification regarding the access requirements for Holt Road and what
width of road is required to accommodate a fire truck.
Jane Daughtridge stated that County Fire Services in requiring secondary access but speculated
that the applicant is confirming that through its discussions with the Department of Insurance.
Ms. Daughtridge stated that currently it is the Applicant's intent to use Marvin Moss Lane as its
sole access.
Chris O'Keefe stated that a minimum width of 22 feet is required for a fire truck per County Fire
Services.
Sue Haves inquired how feasible was it for the Board to vote on the item given the outstanding
access issue.
Chris O'Keefe stated that a conditional recommendation could be placed on the item subject to
the outcome regarding the improvements to Holt Road.
Richard Collier asked David Girardot to elaborate on "Holt Road Improvement" printed on the
site plan.
David Girardot explained that if Fire Code requires a secondary access, then they would be
required to improve Holt Road; but if they cannot receive permission from property owners
along Holt Road, then UNCW would need to build another road to Myrtle Grove Road, through
UNCW property.
David Adams asked David Girardot if a wetland permit would be required if the road was to be
constructed across the wetlands and that it appeared that some of his parking lot was located in
wetlands as well.
David Girardot responded that a permit would be required and if so that he intended on using
pervious parking lot materials.
Ken Wrangell inquired how UNCW proposed to pave its parking areas given that condition #7 of
the existing special use permit state that, "all additional parking areas shall remain unpaved".
David Girardot responded that he would comply, if that is a condition.
Jay Williams asked for more details of the HVAC system.
David Girardot explained that the noise is coming from the cooling towers which are situated on
the top of the building and they are taking measures to quiet them. Mr. Girardot stated that the
new system would not be situated on the roof.
Greg Walker, with UNCW cited from Chapter 5 of the Fire Code that secondary access is
required for projects up to 124,000 square feet; the issue in debate is the definition of "project"
and whether the square footage of all three buildings combined constitute a project.
Sue Haves asked why wasn't something done since UNCW was out of compliance regarding
condition #3 of the existing special use permit.
David Adams asked David Girardot to clarify his statement regarding condition #3 and his stance
on the improvement of Holt Road, whether it be required or not required.
David Girardot stated that with recent modification to the HVAC system, he believes that the
facility can currently operate with condition #3 in effect; if this is found to be contrary,
additional, more extensive measures will be taken if necessary. Mr. Girardot agreed that a
secondary access through Holt Road would be nice and would do it if he could get all the
property owners along Holt Road to consent. Mr. Girardot stated that the alterative road,
potentially through wetlands would be very difficult.
Sue Haves asked both Mr. Girardot and Mr. Meadows how the rest of the neighbors along Holt
Road felt about paving the road.
David Girardot stated that he had not spoken to all the neighbors but one he had spoken to,
opposed paving the road because he would have to give up some of his property.
Paul Meadows stated that only one neighbor opposed the road, but the path, not the paving,
because of the proximity to the front of their house. Mr. Meadows showed on a map another
route in which Holt Road could still be improved which would minimally impact the
environment, increase safety and satisfy the neighbors.
Sue Haves asked for Mr. Girardot's response to Mr. Meadows' proposed route.
David Girardot responded if required, it still would not be feasible and a waste of tax payer
dollars.
Sue Haves asked if the Planning Board could require a secondary access with its
recommendation.
Chris O'Keefe pointed out that in order to improve the road, UNCW would need 100%
participation from the property owners along Holt Road which may be difficult.
Jay Williams stated that the road may ultimately be required by law.
Dave Adams stated that the site plan shows a portion of Holt Road slated for improvements.
David Girardot explained that UNCW is willing to pave Holt Road but does not have
participation from 100% of Holt Road property owners.
Ken Wrangell stated that no evidence has been presented to dispute the findings of fact and made
a motion to recommend approval of the request with staffs recommendations.
Jay Williams seconded the motion.
Sue Haves asked what the maximum decibel level is before a noise is considered a nuisance.
David Girardot stated that the ordinance allows up to 35 decibels at night and 60 decibels during
the day.
David Adams agreed with Ken Wrangell regarding that the findings of fact are positive and
would vote as well to recommend the item but stated that he would feel better if the road
improvements were worked out.
The Planning Board voted 6-0 approve the item.
Item 5: Conditional Rezoning (Z-861, 4/07) - Request by Shanklin and Nichols, PA for
ACI-Pine Ridge, LLC to rezone approximately 16.2 acres located off N. Market Street at
Porter's Neck Rd. in the Transition and Wetland Resource Protection Land Classifications
from B-1 Neighborhood Business zoning district to CD(B-2) Conditional District Highway
Business to locate a 169,000 sq. ft. commercial building for up to 42 possible uses.
Continued from the May 7, 2007 meeting
Jane Daughtridge presented slides of the property, gave an overview of the site's history, land
use classifications, zoning, level of service (LOS), access to the site, and related information.
Ms. Daughtridge provided the following summary:
STAFF SUMMARY
The subject property is located in the northeast portion of the county in an area classified on the
2006 CAMA Land Classification map as transition on the southeastern portion and aquifer
resource protection on the northwestern. The property is west of N. Market Street, at its
intersection with Porters Neck Road and is bounded to the north by the new Highway 17 Bypass.
Access is from N.Market Street, which is a major arterial roadway. Level of service has been
rated F, meaning traffic volume exceeds capacity.
The subject property is primarily vacant and wooded. There is one existing home and a fuel
pump on the site. Strip commercial uses dominate the surrounding area.
The subject property is located within the Greenview watershed drainage area. The property is
not influenced by flood hazard. Areas of 404 wetlands are located along the northern boundary
line. The site is in a primary recharge area for the principal aquifers. The applicant plans to
utilize county water and a private septic system until county sewer capacity is available at the
Northside Plant.
As a condition for rezoning, the applicant proposes that the building will be restricted to 169,112
sq. ft. gross floor area and uses will be any of 42 listed uses. All other minimum requirements of
local, state and federal rules will be met. A companion special use permit will bind the proposed
use and restrictions to this property.
Chris O'Keefe provided the following land use plan considerations:
Land Use Plan Considerations:
This conditional rezoning petition proposes a change from lower intensity neighborhood
business uses to the highway business designation on a conditional basis for the purpose of
developing a regional retail superstore use.
The ordinance describes the situations in which conditional districts might be considered, and
notes that this procedure is intended primarily for use with transitions between zoning districts of
very dissimilar character (e.g. R-15 and B-2) where a particular use or uses, with restrictive
conditions to safeguard adjacent land uses, can create a more orderly transition. It is not intended
as a routine substitute for the general rezoning procedure, or for frequent use, because creating
large number of such specialized districts can lead to excessive administrative complexity and
great difficulty in maintaining consistent and predictable land use policies. The ordinance also
advises that this option is intended only for firm development proposals, and shall not be used
for tentative projects without definitive plans.
Between 2005 and 2006, average daily traffic volume just south of the site decreased by about
15%. The intersection with Porters Neck Road is currently signalized. A Traffic Impact Analysis
was prepared for this project in conjunction with additional retail uses southwest of this site and
road improvements will be required along Market Street as well as the extended Porter's Neck
Road. For purposes of the TIA, a home improvement store was shown in this location and was
anticipated to generate approximately 4,000 average daily trips. Traffic impacts of other potential
superstore uses in this location were not evaluated in the TIA.
With its current configuration, the site plan is adjacent to the proposed extension of Plantation
Road which is in the County's Thoroughfare Plan connecting Military Cutoff Road with Porter's
Neck. Mike Kozlosky, Senior Transportation Planner with the Wilmington Metropolitan
Planning Organization asked that I read the following statement into the record regarding this
alignment:
On December 12, 2005 the Wilmington MPO endorsed a resolution supporting an
amendment to the Comprehensive Transportation Plan to include a connection from the
Murrayville area to Market Street in the vicinity of Porter's Neck Road. Staff envisioned
this connection as the Plantation Road corridor. The Plantation Road right of way exists
through the Green View Ranches subdivision, however there is currently no road
constructed within this right of way. With the proposed development of the Home
Improvement Center, staff would recommend the construction of Plantation Road
through their property and to the property line. Additionally, as development continues to
occur in the Green View Ranches subdivision, the MPO would encourage the County to
require the developers to construct this road within the Plantation Road right of way.
This connection would provide an alternative route to Market Street and thus improve
the level of service and decreasing congestion by providing the motoring public an
alternative route.
This proposed development is a commercial development and would typically not follow
the planning and TRC process, but would be reviewed by the County's Building
Inspections Department. This being said, this potential connection could have slipped
through the cracks in the current review process. This is another instance where a
commercial development review process would benefit the community. I would
encourage the County Planning staff, County Planning Board and County Commissioners
to implement the Commercial Development Review process in the County's TRC and
planning process.
The bulk of the property encompassed in this request is classified as Transition in the 2006
Update of the Joint CAMA Plan. Land classified as Transition class as provides 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.
Based on the foregoing, this proposal would appear to be consistent with the strategies for the
Transition classification. However, the suggestion of such a broad range of potential uses for the
site makes the character of this request more consistent with general rezoning than a conditional
district request. Staff feels the area is appropriate for intensive regional commercial development
based on its proximity to major highways and established customer bases and would therefore
recommend either (1) approval of the conditional district for only a building materials and
garden supplies use in the proposed building or (2) approval of a straight rezoning to B-2
Highway Business District.
Mr. O'Keefe also provided the staff's findings of fact for the special use permit portion of the
request:
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 water will serve the property.
B. A private septic system will serve the project until county sewer capacity is
available from the Northside plant.
C. The property accesses an identified arterial.
D. Traffic counts decreased in the vicinity of this site between 2005 and 2006.
E. Fire Service is available from the Ogden FD.
F. The property is not located in a flood hazard area.
G. Stormwater retention is shown on the site plan and must meet the design
standards of the County's storm water ordinance.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. The property is zoned B-1 Neighborhood Business District. This request is made
concurrent with conditional rezoning to B-2 Highway Business District.
B. The proposed range of uses is too broad to be construed as anything other than
"tentative" and therefore does not meet the spirit and intent of a conditional use
district as described in Section 59.7-1.
C. Petitioner proposes off-street parking that exceeds the requirements of Article
VIII of the New Hanover County Zoning Ordinance by providing 547 spaces
compared to 423 spaces required.
D. Traffic circulation system will be via internal drives connecting to the extension
of Porters Neck Road and must provide adequate access for emergency service
vehicles.
E. A traffic impact analysis was prepared in 2006 for NCDOT for this project and
street improvements will be required by NCDOT for congestion management.
F. The Special Highway Overlay District applies to 2 sides of this property. Buffers
as required in Section 59.6 must be provided. The applicant has provided
renderings to depict the approximate effectiveness of the proposed vegetative
buffer to fully shield outside storage from view along the I-140 overlay.
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. Stormwater management must perform in compliance with the requirements of
the County ordinance.
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 identifies this area as Transition, which provides for
future intensive urban development on lands that have or will have urban services.
B. Other commercial uses are prevalent in this vicinity, although none are of the
magnitude of a regional superstore.
Staff suggested conditions:
1. Staff recommends that parking spaces provided in excess of the minimum
required be constructed of pervious pavement.
2. Staff notes one finding of fact that contradicts the purposes of conditional
use district zoning and supports a general rezoning instead of conditional
district approval.
3. If approved, staff recommends further limiting the range of uses if approved
4. The site plan incorporates the portion of the proposed Plantation Road
extension adjacent to the site and the road be constructed to DOT standards.
Mr. O'Keefe showed on the map the proposed Plantation Road extension.
Ken Shanklin an attorney representing the applicant stated that his client chose to submit a
conditional rezoning CD (B-2) so that the community would know exactly what it is getting. Mr.
Shanklin provided a descriptive overview of the proposed Lowes Home Improvement building.
Mr. Shanklin stated that the project would be aesthetically pleasing, is in harmony with the area,
and in accordance with the County's land use plan. Mr. Shanklin also noted that it is located at a
commercial node along a major thoroughfare and would help alleviate traffic through its
upgrades on Market Street.
Lyle Overcash, a traffic engineer stated that he performed a traffic study in May 2006 prior to the
opening of the I-140 bypass and generated a conservative Traffic Impact Analysis (TIA) for the
NCDOT. Mr. Overcash stated that the TIA approximated that the development of the Lowes
Home Improvement would generate an additional 4,000 trips per day. Mr. Overcash stated that
some of DOT's required improvements include: additional turn lanes, the extension of lanes, and
upgrades to traffic signals and timing. Mr. Overcash stated that the road accessing Lowes would
be built to DOT standards up to their property line.
Sue Hayes asked what the level of service (LOS) was on Market Street.
Mr. Overcash stated that the LOS was C (am) and E (pm) prior to the construction of the bypass.
Richard Collier asked if the level of services have improved since the opening of the bypass.
Lyle Overcash stated that they intend to update the TIA for the Lowes property based on the new
data.
Nicks Wagoner with Lowe's Home Centers, provided details regarding the exterior facade of the
proposed Lowe's building.
Jimmy Black with Alliance Commercial Investments/developer for the Lowe's project and the
adjacent commercial project, stated their willingness to provide an outlet for Plantation Road.
Mr. Black stated that a stub had been incorporated into their site design but have met opposition
from other agencies to such a degree that keeping the stub would have prevented the project from
moving forward.
Bette Bauereis, Porters Neck resident requested that an additional traffic study be performed and
suggested the creation of an additional entrance into the shopping center from Highway 17. Dr.
Bauereis also asked for more detail regarding the private sewage treatment center.
No one spoke in opposition to the item.
Lyle Overcash stated that home improvement stores generally do not generate a lot of traffic and
that future interconnectivity plans would help mitigate new traffic off Market Street.
Melissa Gott asked if the applicant is willing to accept the staff's recommendation to limit the
number of potential uses.
Ken Shanklin explained that he felt that a conditional use rezoning with a list of potential uses
would satisfy all parties; it would provide the community and government agencies with the
types of businesses that could potentially be located on the property while at the same time
providing flexibility for the land owner.
Sand Spiers stated that she likes the conditional use approach in this instance and believes that
the Porters Neck community would appreciate it as well.
Sand, SSpiers asked for details regarding the septic system.
Jimmy Black stated that a septic system would be their last resort and stated that County sewer
will be available by the time their project approaches that phase.
Jay Williams, referencing a letter from the NC Coastal Federation, asked how Lowe's proposed
to protect the head waters of Futch Creek.
Jimmy Black stated that they are taking every measure to design their wastewater system to
avoid impacting the wetlands.
David Sneeden with Alliance Commercial Investments, stated that Lowe's stormwater will go
west and not impact Futch Creek.
Planning Staff commented that the letter from the NC Coastal Federation was incorrect in
assuming that stormwater from the Lowe's project would runoff into Futch's Creek.
David Adams asked where the stormwater would go and expressed concern about the soils to the
west handling the water.
Jimmy Black stated that the stormwater system has not yet been designed but will flow to the
northwest.
Neil Shepherd a design engineer for Lowe's stated that there will be a shared retention pond
located in the northwest corner, in approximately 50 acres of uplands soil.
Richard Collier asked the applicant to explain how stormwater would be transported form the
Lowe's site to the pond
Jimmy Black stated that that they utilize a lift station and have filed for wetland mitigation.
Chris O'Keefe reminded the petitioner that a site plan is married to a conditional district
rezoning and any modifications must be submitted for Planning Board review and County
Commissioner approval; Planning staff discouraged repeated modifications.
Ken Shanklin understood and accepted the process.
Melissa Gott made a motion to recommend approval of the item subject to the staff condition
regarding constructing a portion of Plantation Road to DOT standards. Richard Collier asked if
the motion could include the staff condition regarding pervious pavement. Melissa Gott made an
amended motion to recommend approval of the item with the following staff conditions:
1. Staff recommends that parking spaces provided in excess of the minimum
required be constructed of pervious pavement.
2. The site plan incorporates the portion of the proposed Plantation Road
extension adjacent to the site and the road be constructed to DOT standards.
The Petitioner agreed to the conditions. Jay Williams seconded the motion. The Planning Board
voted 6-1 (Hayes) to recommend approval of the item.
The Planning Board took a 5 minute recess.
Sandy Spiers called the meeting back to order.
Item 6: Modify Special Use Permit (S-13, Modification 6/07) - Request by Shanklin and
Nichols, PA for Carolina Marina, Inc. (Tim Ward) to modify an existing special use permit
and site plan to add dry stack storage in R-15 Residential District at 1512 Burnett Rd.
Matt Nichols an attorney representing the applicant Tim Ward, requested a continuance if Violet
and David Ward would agree to participate in mediation to settle the dispute.
Bill Raney an attorney representing Violet and David Ward, stated that they are not interested in
mediation because David and Violet Ward are not the only neighbors opposing the project.
Jane Daugtridge provided the history, zoning, flood plain areas, LOS, slides of the property, and
proposed site plan.
Ms. Dauehtridg_e provided the following history:
This permit relates to a marina originally approved in 1971. Overtime, the details of the proposal
have been modified by a series of administrative approvals under the provisions of Section 71-
1(9) of the zoning ordinance. The proposed change was deemed to be a major change from the
approved plan. Therefore, applicant is submitting it for major modification to the existing permit.
Chris O'Keefe noted that a change to the site plan had been recently submitted; moving the
building slightly to accommodate for 10 feet of decking.
Chris O'Keefe provided the staffs findings of fact:
PRELIMINARY STAFF FINDINGS
1. The board must find that the modification will not materially endanger the public
health or safety if located where proposed and developed according to the plan as
submitted and approved.
A. The subject property is located within the Myrtle Grove VFD.
B. Private water and septic serve the site.
C. The subject property is located in a 100-year floodplain VE zone.
D. The site is located in a Primary Nursery Area.
E. The site is located in an R-15 Residential Zoning District.
F. The site is approximately 2.9 acres in size with 240 feet of waterway frontage.
G. Access to the site is from Silver Ave. and Burnett Road to Carolina Beach Road, a major
arterial thoroughfare.
H. A Special Use Permit was issued in 1971 for expansion of an existing marina. The original
site plan has been altered by administrative approvals over a long period of time. The current
valid site plan was administratively approved in September of 2005 and depicts replacement
of the existing pier with new floating fuel dock; addition of an 8' X 215' floating dock and an
8' X 50' floating dock; replacement of the existing 16' boat ramp, a clubhouse; and a parking
lot with 45 spaces for the clubhouse and 41 boat parking spaces, in addition to an existing
garage and stormwater management plan on the prior residential western portion of the
property.
1. This modification proposes expansion of the developed area into the western portion of the
property to include one dry stack storage building 125' X 400' in size to accommodate
storage of 220 boats; associated parking; and modification of the approved 16' wide ramp
into a 50' "drop zone" for delivery of boats to the water via forklift.
J. Traffic can be expected to increase in relation to increased storage of boats. The ITE Trip
Generation manual suggests that a marina generates approximately 3.22 trips per berth per
day on a Saturday or 0.27 peak hour trips per berth on a Saturday. Thus the estimated traffic
impact for a 220 berth facility would be 708 total trips on a Saturday or 59 peak hour trips on
a Saturday.
2. The Board must find that the modification meets all required conditions and
specifications of the zoning ordinance.
A. The proposed location of the dry stack facility is in a Special Flood Hazard Velocity zone,
and must meet the elevation requirements set out in the flood code for such structures. No
enclosures are allowed below flood elevation except under standards specified in the flood
ordinance. The applicant states that he feels those specifications can be met so that the
storage structure can be fully enclosed.
B. According to the Major Permits Coordinator for Coastal Management, the applicant's prior
dredging proposal received objection from Marine Fisheries because of the primary nursery
area impacts. A variance from DMF will be required in order to dredge. The applicant states
that he will pursue the variance to allow minimal dredging to gain access to deep water from
the drop zone.
C. Parking is proposed to meet the requirements of the current zoning ordinance for the
combined uses of the property.
D. The site plan indicates a 20 foot side setback, which exceeds normal residential setback
requirements in the R-15 District.
E. Landscaping must meet the requirements of the current ordinance.
F. Night lighting must be contained on site.
G. Existing stormwater permit needs to be reviewed to consider if changes are needed based on
the proposed modification.
H. Existing CAMA permit needs to be modified if this requested modification is approved by
the county.
3. The Board must find that the modification will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. Boats will be delivered to the water via a forklift. Such use was authorized by the Board of
Adjustment in January, 2007 (ZBA-793)
B. Dry stack storage is a warehouse use common to marinas in Industrial or Commercial zoning
districts.
C. Presuming the boat warehouse facility can be fully enclosed and still meet the requirements
of the VE flood zone standards, the location of the building on the lot would mitigate noise
impacts from the forklift to the maximum extent possible.
D. Boating is not a public necessity, but increased public access to the water is an important
goal in coastal counties.
E. Although not a public facility, this private marina in the southern portion of the county will
increase opportunity for access to the water for persons who can afford the associated costs
of membership.
4. The Board must find that the location and character of the use if modified 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 New Hanover County Comprehensive Plan classifies the site as Conservation. The
purpose of the class is to provide for effective long-term management and protection of
significant, limited, or irreplaceable natural resources while also protecting the rights of the
property owner. Water-dependent uses are appropriate.
B. With limited exceptions, the 2006 CAMA Land Use Plan prohibits dredging in a primary
nursery areas and open shell fishing waters.
C. Dry stack storage facility will introduce an industrial character into a residential
neighborhood.
D. The immediate surrounding area is populated with residential uses.
E. Inlet Watch Yacht Club is about 1,000 feet to the north. Dry stack storage on unenclosed
racks has been available at that site since the 1970's. Residential uses have developed in
proximity to that marina operation.
Staff Comments:
1. If approved, the modification order should clearly specify all desired conditions,
clarifications, and reference to the valid site plan. Such action should so state that it
supersedes and vacates all prior plans and conditions. The new order would then become
the only valid county authorization associated with S-13. Since the history of this project
has been contentious and speculatively debated through the years, staff feels that clearly
establishing the details of approval would be an important step to resolve matters and
create predictability for all parties.
2. Since dredging is essential to the implementation of the project as proposed, the addition
of dry sack storage must be subject to the State's issuance of permits to dredge. If this
modification is approved but the applicant is unable to gain permission to dredge,
approval of the modification should become null and void, reverting back to the
September, 2005 site plan and conditions.
3. Zoning staff would like an official clarification as to the county's position on use of the
clubhouse for sit-down food service for members only versus the general public. To date
the interpretation has been that the clubhouse is a private club associated with the marina
and food service would only be allowed for members and their guests. Such direction
should be clearly reflected in the notes of the site plan.
4. In order to mitigate the impact of a boat warehouse adjacent to residential use, the side
setback along the southern property boundary should include a vegetated berm as part of
the buffer requirement to create a visual and noise barrier between the dry stack and the
adjacent residential uses. Existing mature trees should be retained within the buffer.
5. In order to mitigate the character impact of a boat warehouse in a residential area, the
building should include design features that imitate a residential appearance, such as
pitched roof and decorative exterior finish to the greatest practical extent.
6. The notes on the site plan dated 5/07/07 are inaccurate in relation to the proposed
modifications versus the currently approved 9/05 site plan. The notes should be corrected
before any order is executed, if approved.
Tim Ward, owner and operator of Carolina Yacht Club stated that he is requesting the following
modifications to the approved September 2005 site plan:
1. to expand the existing site plan westward to include the full site;
2. to modify the existing special use permit to include dry stack storage;
3. to allow the public access to the clubhouse and to include a 10 ft wide deck on the
south and east faces of the clubhouse.
Tim Ward stated there is atremendous need for public water access.
Mike Bradley, Director of the NC Boating Industry commented on the loss of public water
access in North Carolina and the significant increase in the cost of boating. Mr. Bradley stated
that dry stack storage provides a good alternative to these issues. Mr. Bradley stated that
neighborhood residents often have misconceptions of these facilities regarding noise and traffic.
Tim Ward distributed an illustration to the Board to illustrate the residential look of the dry stack
building. Mr. Ward cited the benefits of dry stack storage compared to wet slips. Mr. Ward
stated that the Board of Adjustment has approved the use of forklifts on the site. Mr. Ward
added that if dredging is not permitted, he would utilize a stout pier structure, similar to that of
Watermark, that would bring the boats via forklift to the water.
Bill Raney an attorney representing Violet and David Ward spoke in opposition to the item. Mr.
Raney submitted the following affidavits into public record: Fritz Rohde, David Ward, Violet
Ward, Kim Altman, and Robert Cantwell. Mr. Raney also submitted a summary position of
Violet and David Ward; Col. Pulliam letter; Doug Huggett letter; Nats Rabb letter; water survey,
and site plan. Mr. Raney provided a history of the item and stated that the petitioner cannot meet
the standards required in the Findings of Fact. Specifically, Mr. Raney pointed out that Tim
Ward is unable to meet finding of fact #2, due to the fact that he prohibited from performing the
necessary dredging in order to launch boats into the water because the area is a protected primary
shellfish nursery area. Mr. Raney further stated that Tim Ward could not meet finding of fact #4
citing that a large marina is not in harmony with a residential neighborhood.
Tim Ward stated that he believes he is able to dredge because the area was dredged in 1970 and
1971; thus the proposed dredging would not be considered new dredging. Tim Ward further
stated that he has the necessary permits, except a building permit, that is currently on hold
because of a CAMA permit, on appeal by the David and Violet Ward.
David Ward adjacent property owner spoke in opposition to the item. David Ward distributed
aerial photographs of the property to illustrate his assertion that a marina did not exist on the
property in 1971 and stated that he could not find any permits to allow for fuel pumps. Mr.
Ward stated that fork lifts are noisy; the water is too shallow for a marina, the petitioner does not
have permission to dredge, and that only portion of the property was intended for a marina, and
the remainder designated for residential use. David Ward stated that public water access is
available; citing letters indicating availability from various commercial marinas in the area.
Ken Wrangell asked Tim Ward why he believed he could get a CAMA permit to dredge.
Ken Shanklin stated that he felt a variance could be granted and would like the opportunity to
appeal to CAMA.
Gene Merritt, an appraiser stated that in his determination of all existing dry stack facilities in
New Hanover County, these facilities did not deteriorate adjacent residential property values.
Robert Cantwell an appraiser reviewed Mr. Merritt's report and stated that he does not dispute
his conclusion that dry stack storage does not decrease property values but added that the
property values of the homes located adjacent to the dry stack facility did not increase as much
as comparable homes situated a few block away.
David Adams stated that he could not approve a plan that contradicts the County's CAMA plan
that states that dredging is prohibited in primary nursery shellfish areas. David Adams then
made a motion to recommend denial of the item based on its contradiction to County policy. Sue
Haves seconded the motion.
Jay Williams felt that a tall dry stack storage building adjacent to residential property is not in
harmony and would injure property values. Mr. Williams was unconvinced that this marina
would help provide water access to the citizens' of New Hanover County given the expense of a
dry storage. Mr. Williams further stated that New Hanover County needs more public boat
ramps with parking to solve the water access issue.
Richard Collier expressed concern the building was too large for the area and that it would
impact the neighbors.
Melissa Gott was concerned that the new proposal is much larger than original.
Ken Wrangell stated that he has not heard any compelling evidence to support the proposal.
Sand Spiers expressed concern about the building's size. Despite the importance of water
access, she too felt that it was too large for the community.
The Planning Board voted 7-0 to recommend denial of the petition.
Sam Burgess provided an update of the Technical Review Committee's (TRC) activity for the
month of May:
1. Middle Sound Village - The TRC took no action on this item because it is located in
the NEI sewer moratorium area.
2. Laurenbridge - The TRC voted 4-0 to approve the project for 33 lots and a waiver
was granted on the cul de sac length requirements and road connectivity.
3. Ocean Forest Ridge - The TRC voted 4-0 to re-approve 11 lots with conditions.
4. Village at Motts Landing - The TRC voted 4-0 to continue the item because of a
number of outstanding issues.
5. Progress Energy Industrial Park- The TRC voted 4-0 to continue the item until it was
feasible to obtain water from the City of Wilmington; a cul de sac be extended to the
property line be examined; and larger lots be created to accommodate septic tanks.
6. Rockhill Subdivision - The TRC voted 4-0 voted to approve 37 lots with conditions.
Sam Burgess stated that the TRC would meet neat on June 13, 2007.
Chris O'Keefe scheduled a Planning Board work session on June 27, 2007 from 10:00 a.m. to
2:00 p.m. at the New Hanover County Government Center to discuss teat amendments, large
commercial projects, and standard operating procedures.
The meeting adjourned at 11:00 p.m.
Chris O'Keefe
Planning Director