200604 Apr PBM
Minutes of the
New Hanover County Planning Board
April 6, 2006
The New Hanover County Planning Board met Thursday, April 6, 2006 at 5:30 p.m. in
the County Court House, 24 North Third Street, Wilmington, NC to hold a public
meeting.
Members Present: Staff Present:
Walter Conlogue, Chairman Dexter Hayes, Planning Director
David Adams Sam Burgess, Planner
Sue Hayes Steve Candler, Senior Planner
Robin Robinson Karyn Crichton, Administrative Specialist
Frank Smith Holt Moore, Assistant County Attorney
Sandra Spiers, Vice Chairman Chris O'Keefe, Senior Planner
Kenneth Wrangell
Chairman Walter Conlogue opened the meeting by welcoming the audience to the public
hearing. Steve Candler led the reciting of the Pledge of Allegiance.
Chairman Conlogue proceeded with the approval of the March 2, 2006 minutes. Robin
Robinson made a motion to approve the minutes. Sue Hayes seconded the motion. The
Board approved the March minutes by a vote of 7-0. Chairman Conlogue announced that
items #4 (Z-834) and #9 (Z-835) have been withdrawn from the agenda
Item 1: Rezoning Request by Bethany Presbyterian Church to rezone
approximately .44 acres from R-20 Residential District to O&I Office and
Institutional District at 2311 Castle Hayne Road (Z-832, 04/06).
Steve Candler presented the slides and gave a brief overview of the site's history, land
use, zoning, and related information.
Roger Rivenbark, with Bethany Presbyterian Church stated that the church requests the
rezoning to round out the entire property to O&I zoning. Additionally, Mr. Rivenbark
stated that his neighbor acknowledges that a natural vegetative buffer will exist along the
rear of his property.
No one spoke in opposition to the rezoning request.
Dexter Haves provided staff summary.
STAFF SUMMARY
The subject property is located approximately '/2 mile south of the intersection of North
Kerr and Castle Hayne Road. The church acquired a large tract of land just north of the
sanctuary. The large tract is zoned O&I Office and Institutional. Later, the church
acquired the subject property, which is directly west of the O&I tract, with the zoning of
R-20. They now desire both properties to have O&I zoning. The property to the east,
across Castle Hayne Road, is also zoned O&L The property directly north is zoned O&I.
The property directly south, which contains the church, is zoned R-20.
Last month the planning board approved a special use permit for Dr. Brad Kerr to operate
a veterinary office on the O&I zoned property. The Board of Commissioners hears that
case at the April 6, 2006 meeting.
Staffs recommendation is that the Planning Board approves the request to rezone
approximately .44 acres from R-20 Residential to O&I Office and Institutional and
eliminate the split zoning on this tract of land. The O&I zoning provides for a transition
of land uses between residential and heavier commercial land uses.
Staff recommended that drainage issues be addressed concerning the ditch that runs along
the south side of the property at the time development permits are issued.
The Board inquired whether the 190 square foot section of the property should be
included in the rezoning and planning Staff responded that the section in question would
be rezoned at a later time.
Sue Haves made a motion to recommend the approval of the rezoning request with
Planning Staff recommendation that drainage issues be addressed. Robin Robinson
seconded the motion. The Board unanimously voted 7 to 0 to recommend approval.
Item 2: Rezonin~Request by William J. Thibodeau to rezone approximately .5
acres from AR Airport Residential to Al Airport Industrial at 1644 North Kerr
Avenue (Z-839, 04/06).
Steve Candler presented the slides and gave a brief overview of the site's history, land
use, zoning, and related information.
The petitioner was not present.
Ada Cottle, adjacent property owner asked for clarification regarding allowable uses in
airport industrial and expressed concern about the establishment of a halfway house on
the property.
Dexter Haves cited the allowable uses in airport industrial and explained that transition
housing is allowable in residential areas by State mandate.
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Glenn Carver, neighborhood resident spoke in opposition to the rezoning arguing that
there is only one entrance and exit to the neighborhood. Mr. Carver submitted a petition
signed by over 50 neighborhood residents opposing the rezoning.
Dexter Haves provided staff summary.
STAFF SUMMARY
The subject property is located approximately 1/4 mile southwest of the intersection of
North Kerr and Gordon Road. The subject property is at the corner of Rossmore Drive
and North Kerr Avenue. The property across North Kerr is zoned Al Airport Industrial
consistent with the land uses near the approach of Runway 24 of the Wilmington
International Airport (ILM). The property to the south is also Al Airport Industrial and is
an auto repair shop and junkyard. The properties to the east are zoned AR Airport
Residential and contains a mix of single family residential and mobile homes. Single-
family homes are across Rossmore Drive and are zoned AR. Other industrial land uses
exist on North Kerr Avenue in the vicinity of the subject property. The subject property
is near the airport boundary line, which runs along North Kerr Avenue.
Staff's recommendation is that the subject property be rezoned from Airport Residential
(AR) to Airport Industrial (AI). This would provide a natural expansion of the larger
industrial district to the south.
Sue Haves inquired whether a buffer would be required between the proposed Al
property and residential property. Dexter Haves responded that landscaping was required
and Rossmore Road would act as the buffer.
Frank Smith inquired about the applicant's absence and Planning Staff responded that the
applicant had been notified of the hearing.
Sue Haves made a motion to recommend denial of the rezoning request. Robin Robinson
seconded the motion. The Board unanimously voted 7 to 0 deny the rezoning request.
Item 3: Rezoning-Request by James McIntosh to rezone approximately .38 acres
from R-15 Residential District to B-2 Highway Business District at 4007 Holly
Shelter Road (Z-833, 04/06).
Steve Candler presented the slides and gave a brief overview of the site's history, land
use, zoning, and related information. Mr. Candler stated that the petitioner was not
present because he was not comfortable speaking before the Board.
No one spoke in opposition to the rezoning request.
Dexter Haves provided staff summary.
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STAFF SUMMARY
The subject property is located approximately 250 feet east of the intersection Castle
Hayne and Holly Shelter Road. The subject property has a split zoning; B-2 on the west
portion and R-15 on the east portion. The split zoning is fairly common for properties
along Castle Hayne Road. The petitioner is requesting to add approximately 20,000
square feet of his property to the B-2 Highway Business District from the R-15
Residential District. Surrounding land uses include a convenience store abutting the
subject property to the west, O&I Office and Institutional office to the east, a pre-owned
car lot to the south; across Holly Shelter Road, and vacant property with some metal
storage units to the north of the subject property.
Staffs recommendation is that the Planning Board approves the request to rezone the
balance of the property from R-15 Residential to B-2 Highway Business, recognizing the
commercial potential for the intersection in Castle Hayne.
Sue Haves requested clarification regarding the boundaries of the rezoning.
Frank Smith inquired whether the rezoning would be in accordance with Castle Hayne's
community plans for the downtown commercial district. Dexter Haves responded that the
item would be in accordance with the community plans.
Robin Robinson made a motion to recommend approval of the item with Planning Staffs
recommendation of including Holly Shelter Road as part of the rezoning request. Sue
Haves seconded the motion. The Board unanimously voted 7 to 0 to recommend
approval.
Item 4: Rezoning-Request by Cindee Wolf for W. Allen and Gwen L. Craven to
rezone approximately 6.10 acres from R-15 Residential District to R-10 Residential
District at 6469 Gordon Road (Z-834, 04/06).
This item was withdrawn.
Item 5: Rezoning-Request by Cindee Wolf for L&D Contracting, Inc to rezone
approximately 3.99 acres from R-15 Residential to CD B-1 Conditional Use
Neighborhood Business District at 6215 Carolina Beach Road (Z-837, 04/06).
Steve Candler presented the slides and gave a brief overview of the site's history, land
use, zoning, and related information.
Cindee Wolf representing L&D Contracting, Inc., stated that they are requesting the
rezoning to allow for retail trade at Landscape & Leisure. Ms. Wolf stated they would
comply with all zoning regulations and that adjacent property owners would not be
negatively impacted.
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Frank Smith asked if there were to be any structural changes to the site and Ms. Wolf
responded that there were none.
Several Board members inquired whether there would be other permitted uses if the
property were rezoned to B-1 and it was confirmed that the only permitted use would be a
nursery. There was also discussion among the Board regarding the depth of the 131
rezoning.
Walt Conlogue asked Ms. Wolf if she agreed to comply with all staffs recommendations
and Ms. Wolf replied yes.
No one spoke in opposition of the item.
Dexter Haves provided staff summary.
STAFF SUMMARY:
The property is located approximately 1 mile south from the intersection of Sanders Road
and Carolina Beach Road. Properties to the north, south, west and east are zoned R-15
Residential. However, within '/4 mile of the subject property several properties are zoned
CD (B-1) and CD (B-2). The subject property has operated as a wholesale nursery for
several years. A Special Use Permit SU-098-C06-79 was granted in 1979 for a gift shop
in the front corner. The original use is now non-conforming. An attempt to rezone the
property from R-15 to B-2 occurred in January of 2000. The item was continued by the
applicant, Steven Coats, and never revisited by the planning board. According to the
applicant, they recently purchased the nursery, which had several zoning and building
code violations that could be corrected with this zoning change.
In recognizing the residential potential of the rear portions of these properties fronting
along Carolina Beach road, staff recommends that the front 400 feet be rezoned to CD
(B-1) Neighborhood Business Conditional Use. This will satisfy the two acre minimum
for a B-1 District while still allowing the nursery and growing area in the rear portion of
the properties.
Kenneth Wrangell made a motion to recommend approval of the CD (B-1) zoning
approximately 600 feet east of the property line located at Carolina Beach Road. Sandra
Shiers seconded the motion. The Planning Board unanimously voted 7 to 0 to
recommend approval of the item.
Item 6: Rezoning-Request by Kenneth A. Shanklin for Mason Landing Yacht Club,
LLC to rezone approximately 11.46 acres from R-20S Residential District to CD R-
15 Conditional Use Residential District at 2029 Turner Nursery Road (Z-838,
04/06).
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Steve Candler presented the slides and gave a brief overview of the site's history, land
use, zoning, and related information.
Ken Shanklin representing the applicant, Mason Landing Yacht Club provided history of
the property and showed photographs of Johnson Marina to illustrate the deteriorating
conditions of the property. Mr. Shanklin stated that the request for a new Special Use
Permit would improve the conditions of the property.
Cindee Wolf summarized the plan for improvements to the property. Ms. Wolf stated
that the proposed development would reduce the existing impervious surface area from
over 40% to 25%. Additionally, Ms. Wolf stated that the Division of Water Quality and
adjacent property owners approve of the project.
Walt Conlogue inquired if the plan intended to preserve public boat access.
Matt Nicholas stated the proposed project will be less intense than the existing marina,
more harmonious with the existing residential area, will reduce the amount of traffic
around the area, and will not adversely affect property values. Mr. Nicholas added that
they have had several meetings with adjacent property owners and have addressed any
concerns through plan revisions.
Gary Lang adjacent property landowner does not oppose the project so long as the project
preserves trees and wildlife.
Rich Doanldson supports the project and opposes the public boat ramp because of the
traffic, noise, and trash it generates.
Dexter Haves provided staff summary:
STAFF SUMMARY:
The property is located on Turner Nursery Road approximately 1/4 mile east from Middle
Sound Loop Road. The current land use on the site is a commercial marina (formally
Johnson's Marina). All of the surrounding properties are zoned R-20S. Properties on
Middle Sound Loop Road in this general vicinity are zoned R-15 residential. The
existing commercial marina operates under a revised Special Use Permit issued by New
Hanover County in 1973. This zoning change can be consistent with the county's
policies for growth and development provided the density is limited to 2.5 units per acre
and the impervious coverage is limited to 25%.
Walt Conlogue asked Mr. Shanklin if his client agreed to comply with the staff's
recommendations. Mr. Shanklin replied that they could not comply with the
recommendation to preserve public access to the water.
There was discussion among the Board regarding an easement that runs parallel to the
water that provides access to five properties. Additionally, the Board discussed public
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versus community access to the water and what type of access would be provided for
under the proposed plan.
Joe Johnson adjacent property owner stated that he believed that the easement in question
was situated on his father's property.
Sand Spiers made a motion to recommend approval of the item excluding staffs
recommendation for public boat access and with staff's conditions that there be no
overhead lighting on the marina facility and entrance sign must meet the current zoning
ordinance requirements. Robin Robinson seconded the motion. The Board voted 6 to 1
(Hayes) to recommend approval of the item.
Item 7: Special Use Permit - Request for a special use permit by Kenneth A.
Shanklin for Mason Landing Yacht Club, LLC for a Commercial Marina
containing 60 wet boat slips at 2029 Turner Nursery Road (S-556, 04/06).
Steve Candler presented the slides and gave a brief overview of the site's history, land
use, zoning, and related information.
Ken Shanklin representing the applicant, Mason Landing Yacht Club, stated that the
existing property is in poor condition and the proposed project will improve the property
by reducing the percentage of impervious surface and preserve trees. Additionally, Mr.
Shanklin stated that the existing special use permit does not require public access to the
water.
Matt Nicholas stated that the proposed plan meets all the criteria required for a special
use permit.
Joe Johnson adjacent property owner spoke in support of the project. Mr. Johnson stated
that the plan is well conceived and feels that the project will be an asset to the
neighborhood. Mr. Johnson reiterated that public access is undesirable because of the
noise.
Rich Doanldson adjacent property owner stated that he would like for the plan to include
some sort of local resident boat ramp access.
Ken Shanklin stated that Canady's provides boat ramp access for a fee.
Bruce Kerr adjacent property owner spoke in support of the project and does not want to
preserve the public boat access because it does not fit in with the neighborhood. Mr. Kerr
also noted that Canady's provides public boat ramp access.
Dexter Haves provided staff findings:
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Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health
or safety if located where proposed and developed according to the plan as
submitted and approved.
A. The property has county sewer and private utility water.
B. The property along the boat basin is in the 100-year floodplain.
C. Access to the property is from Mason Landing Road via Middle Sound
Loop Road.
D. Fire service is available from the Ogden Fire Department.
E. The current commercial marina operates under Special Use Permit number
67, approved in 1973 and amended in 1999.
2. The Board must find that the use meets all required conditions and
specifications of the zoning ordinance.
A. The site plan shows 60 wet slips existing on the property.
B. All lighting shall be contained on the site.
C. No structures allowed at the end of the pier.
D. The parking requirement for commercial marinas is satisfied.
E. Buffering is required all property lines abutting residential districts, and
SUP #67 requires a buffer running along the southern property line
extending to the Intracoastal Waterway.
F. All corrective actions noted in the February 16, 2006 letter from the
zoning department need to be completed.
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. Similar type projects exist in other residential districts in Middle Sound
and New Hanover County.
B. Some commercial marinas and some community boating facilities have
been previously permitted in the Middle Sound area.
C. 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 the site as
Watershed Resource Protection and Conservation. The purpose of the
Watershed Resource Protection class is to provide for the preservation and
protection of important natural, historic, scenic, wildlife and recreational
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resources. Polices 3-18 & 19 encourage public access to our estuarine and
public trust waters.
B. Surrounding land uses include single-family housing.
Staff Comments:
1) Staff recommends the preservation of the public boat access for Middle
Sound residents.
2) Staff recommends the entrance sign meet the current zoning regulations.
3) No overhead lighting in the marina area.
There was discussion among the Board regarding preserving public access to the water.
Dexter Haves commented that the best solution to preserve public access to the water
would be if the state or county bought land to establish public water access.
Sue Haves expressed concerned with preserving public access to the water.
David Adams commented that this issue is complicated because the Planning Board's
recommendation for approval of Mason Landing (Z-838) is incompatible with preserving
public access to the water. Dr. Adams stated that a possible solution to providing public
access to the water might be for the county to acquire Canady's and make it public.
Walt Conlogue stated that the Johnson Marina boat ramp was not utilized by the public
very much and that the proposed project's benefits will outweigh the loss of the public
boat ramp. Mr. Conlogue commented that it is not the developer's responsibility to
provide public access to the water rather it is the county or state's responsibility.
Sandra Spiers made a motion to recommend approval for a special use permit excluding
the staff recommendation of public boat access but including staff recommendations of
no overhead lighting on the marina facility and that the entrance sign must meet the
current zoning ordinance requirements. Ken Wrangell seconded the motion. The Board
voted 6 to 1 to recommend approval (Hayes).
Ken Shanklin commented that everyone should support the parks and greenspace bond
referendum on May 2°d
Item 8: Rezoning - Request by Cindee Wolf for Donald and Rachel Thorning to
rezone approximately .52 acres from R-15 Residential District to B-2 Highway
Business District at 5022 Carolina Beach Road (Z-836, 04/06).
Steve Candler presented the slides and gave a brief overview of the site's history, land
use, zoning, and related information.
Cindee Wolf representing property owners, Donald and Rachel Thoming stated that
applicants are requesting to rezone the property to allow for a martial arts studio. Ms.
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Wolf stated that the concerns expressed in the letter from adjacent property owners Mr.
and Mrs. Wilbur Cheers, will be addressed under the county's ordinance requirements
and that the Thomings will contact the Cheers to assure them that their concerns are
addressed.
No one spoke in favor or opposition of the item.
Dexter Haves provided gave staff summary:
STAFF SUMMARY
The subject property is located on the west side of Carolina Beach Road approximately 3/4
of a mile north of Monkey Junction. The petitioner is proposing to rezone a portion (52
acres) of the property from R-15 Residential to B-2 Highway Business. The remaining
portion of the property is R-15 Residential. The proposed rezoning from to B-2 would be
approximately 250 feet from the Carolina Beach Road right-of-way west. The abutting
property to the north is already zoned B-2 Highway Business for approximately 250 from
the road right-of-way. The abutting property to the south of the subject property is zoned
R-15 and is within the 100-year floodplain. The property directly across Carolina Beach
Road is zoned R-15 residential.
His area of Carolina Beach Road is transitioning to more urban land uses. Several types
of zoning districts occur in this region including O&I Office and Institutional, CD (B-2)
Highway Business Conditional Use and CD (O&I) Office and Institutional Conditional
Use. Staff recommends that the Planning Board approve the rezoning of this southerly
expansion of approximately .52 acres from R-15 Residential to B-2 Highway Business at
5022 Carolina Beach Road. This is keeping with the commercial services already
established at the Silver Lake Road intersection.
There was discussion regarding whether flashing signs and flashing lights are allowable
under county sign ordinances. Cindee Wolf stated that her clients have no intention of
using flashing signs or flashing lights.
David Adams asked that Planning Staff follow-up with Mr. and Mrs. Cheers.
Robin Robinson made a motion to recommend approval. David Adams seconded the
motion. The Planning Board voted unanimously 7-0 to recommend approval.
Item 9: Rezoning-Request by Cindee Wolf for Donald and Rachel Thorning to
rezone approximately 3.96 acres from R-15 Residential District to R-10 Residential
District at 5022 Carolina Beach Road (Z-835, 04/06).
This item was withdrawn.
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Item 10: Special Use Permit (remanded back to Planning Board from Board of
Commissioners)-Request by Ken Shanklin for Carolina Marina & Yacht Club for a
special use permit for an existing marina by adding "dry" storage and clubhouse
facilities in a R-15 Residential District located at 1512 Burnett Road (5-545,12/05).
Steve Candler presented the slides and gave a brief overview of the site's history, land
use, zoning, and related information.
Dexter Hayes provided staff findings:
PRELIMINARY STAFF FINDINGS
1) The board must find that the use will not materially endanger the public
health or safety if located where proposed and developed according to the
plan as submitted and approved.
A. The subject property is located within the Federal Point VFD.
B. The site has direct access to Burnett Road (S.R. 1527)
C. The site is served by private well and septic.
D. One Dry Stack Storage building (104 spaces) with associated parking, an
upland basin and a 36'X60' clubhouse/office area are proposed.
E. Ten wet slips are proposed.
F. The project may also be subject to additional CAMA and Corps permits.
G. The site is located in a VE zone.
2) The Board must find that the use meets all required conditions and
specifications of the zoning ordinance.
A. The 30' MHW setback can be accommodated for the proposed marina facility.
B. The minimum 20' Buffer yard and a 12 foot streetyard area are required.
C. In accordance with section 67 of the Ordinance, tree mitigation for removal of
significant trees will be required.
D. Night lighting by design and construction shall be contained on the site.
E. A revised site plan has been submitted with the special use permit.
F. CAMA permits along with a storm-water infiltration system should affirm that
the siting of the facility would have minimal impacts on water quality,
primary nursery areas, shellfish grounds, and conservation resources.
G. Impervious coverage is 34.4%. The ordinance specifies a total impervious
coverage limit of 25%.
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. There is an existing special use permit from 1971 for a commercial
marina in this location.
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B. The current site plan shows the office/clubhouse and associated
parking lot within the Conservation Overlay District (COD) setback
area.
C. The site is zoned R-15 Residential. A special use permit in all
residential districts permits commercial marinas.
4) The Board must Tmd 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 subject property is located in the Conservation Land Classification.
The purpose of the conservation 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.
B. Boat access facilities in the county are limited.
C. Policies in the Comprehensive Plan support utilizing dry stack storage as
means of providing public access.
D. Other policies promote additional marina facilities to provide water
access.
Planning Staff Concerns:
1) Staff recommends preserving the stand of oaks along the road frontage for the
required street yard.
2) The impervious surface within the COD setback should be reduced to the
minimum necessary to provide useable access to the drop zone. Existing COD
setbacks should be imposed.
3) All of the vehicle movement areas should utilize pervious paving material to
promote infiltration and reduce impacts.
4) Food sales limited to certain items; No alcohol.
5) Establish hours of operation.
Walt Conlogue stated that the item is a revision to an existing special use permit.
There was discussion regarding the status of the forklift lawsuit associated with the item.
Ken Shanklin attorney representing Tim Ward, stated that they have reduced the scope of
the plan and the footprint now resembles that of the existing special use permit.
Tim Ward petitioner, outlined the differences between site plans.
Ken Shanklin stated that the new plan will create less traffic, is more environmentally
sensitive, and complies with the Land Use Plan. Mr. Shanklin stated that the proposed
plan seeks to promote public access to the waterways while at the same time being
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sensitive to the environment and adjacent property owners. Mr. Shanklin further stated
their project meets all the criteria required for a special use permit.
Bill Raney, attorney, representing adjacent property owners Violet and David Ward
distributed handouts. Mr. Raney argued that the site plan comparison is misleading.
David Ward adjacent landowner, spoke in opposition to the commercial marina citing
that the area is subject to hurricane and storm damage; that commercial marinas generate
forklift, engine, and loud speaker noise; and that the marina will pollute the environment.
Kim Altman, adjacent landowner, spoke in opposition to the commercial marina stating
that the project would negatively impact her family's way of life, the environment, and
marine life. Ms. Altman stated that a commercial marina is not in harmony with the
neighborhood.
Bill Raney submitted several affidavits to the record including one from an appraiser
concluding that a dry storage marina facility would substantially injure Violet Ward's
property and an affidavit from the Division of Marine Fisheries stating that there has
never been dredging in the surrounding area. Mr. Raney stated that the proposed project
does not follow the county's Land Use Plan and fails to meet the criteria required for a
special use permit. Mr. Raney stated that the proposed plan would violate the county's
ordinances that prohibit new dredging in a primary nursery area or SA waters as well as
violate the county's Conservation Overlay District (COD) setbacks.
Gene Merit an appraiser, spoke in support of the item stating that his research showed no
evidence to support that a commercial marina would negatively impact property value.
Ronald Stevenson, a traffic engineer spoke in support of the item stating that his firm
conducted a traffic assessment along Burnett Road and Route 421 and found that the
proposed project would not have a significant impact on traffic.
Ken Shanklin stated that his project meets the conditions required for a special use
permit.
Tim Ward stated in his rebuttal that the he is not violating COD setbacks because the
existing special use permit allows for it. Mr. Ward entered into record the names of 12-
13 neighbors who do not oppose his project. Additionally, Mr. Ward stated that his
marina would not utilize loudspeakers and that he currently has customers using the
existing boat ramp, which is evidence of the depth of the water.
Bill Raney stated in closing that the proposed plan would violate Conservation Overlay
District (COD) setbacks and county ordinances that prohibit new dredging in a primary
nursery area.
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David Ward stated that there is not an existing commercial marina like Tim Ward
contends. Mr. Ward reiterated his opposition to the plan stating environmental concerns
and the unharmonious nature of the project within the neighborhood.
David Adams asked for clarification regarding whether this area was SA waters and if the
marina would impact shell fishing. Dr. Adams also inquired about the alarm on the
forklift.
Sue Haves asked staff for clarification regarding whether dredging was allowable in the
surrounding waters.
Robin Robinson also expressed concerns regarding dredging. Ms. Robinson requested
clarification regarding Mr. Raney's contention that the project violates the county's Land
Use Plan.
Ken Wrangell questioned whether dredging would have been prohibited when the
original special use permit was issued.
Frank Smith abstained from commenting and recused himself from the item.
David Adams made a motion to recommend denial of the special use permit adding that
he believes that the Planning Board is bound by current policies and cod setbacks. Sue
Haves seconded the motion. The Board voted 5 to 1 (Wrangell) to recommend denial for
a Special Use Permit.
Item 11: Special Use Permit - Request by Winner LLC for Muddy Waters LLC to
consider a Special Use Permit for a high density residential development on
approximately 22.71 acres of property located at 105 and 125 Battleship Road, west
side of the Cape Fear River, directly south of the USS North Carolina Battleship (S-
546,1/06).
Robin Robinson recused herself from this item.
Steve Candler presented the slides and gave a brief overview of the site's history, land
use, zoning, and related information.
John Evans petitioner, summarized actions to date regarding the project including
completion of traffic study and meetings with various interest groups
Robert Steele, with Perkins Eastman, gave a presentation of the City View project and
showed computer generated images of the proposed buildings and surrounding area Mr.
Steele stated that the project would provide tax benefits, boost tourism, and is
environmentally sensitive.
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George Edwards, Executive Director with Historic Wilmington Foundation, spoke in
opposition to the project and distributed a press release to the Planning Board. Mr.
Edwards stated that the project will adversely impact historic downtown Wilmington and
is inconsistent with the City of Wilmington's Vision 2020 plan.
Alan Smith spokesperson for the Residents of Old Wilmington, spoke in opposition to
the project citing infrastructure, environmental, and regional vision concerns.
Susi Hamilton Executive Director of Wilmington Downtown Inc., spoke in opposition to
the project stating that the project exceeds the county's building height limitations and
does not meet the county's ordinance's that allow for exception. The county's ordinance
states that the maximum building height may exceed 40 feet when it is fronting along a
collector street, minor arterial, or principal arterial as classified on the county's
thoroughfare classification plan. Ms. Hamilton contends that Battleship Road cannot be
considered a collector street, minor arterial, or principal arterial.
Michael Murchison, downtown Wilmington resident and Board member of Historic
Wilmington Foundation spoke in opposition to the project contending that it is not in
harmony with downtown Wilmington. Mr. Murchison also stated that the project does
not meet county zoning ordinances.
John Evans argued that his project would not adversely affect the historic community;
rather it would enhance Wilmington. Mr. Evans stated that he has legal right to build his
project and is only requesting that one of the buildings allow for residential uses.
Doug Burns with Perkins Eastman, cited other cities with historic districts that coexist
with new developments and not suffered adverse effects.
Lawrence Craige, business owner and downtown resident spoke in opposition to the
project. Mr. Craig stated that more time is required to plan and zone the west bank of the
Cape Fear River. Mr. Craig also expressed environmental concerns with the project.
There was discussion regarding the amount of time needed and groups involved to further
study the proposed project and the river corridor. Steve Candler stated that it would take
3-6 months for the planning of the river corridor.
There was discussion regarding the development of City View under the current zoning.
Dexter Haves stated that the property is zoned B-2 and allows for commercial use and
that residential use requires a special use permit.
Several Board members expressed concern that there remained many unanswered
questions regarding the project.
There was general discussion regarding the land classification of the project, building
height restrictions in a B-2 district, and floor area ratio (FAR).
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David Adams commented that he did not feel that the project would negatively impact
historic downtown Wilmington but was concerned about preserving the history of the
west bank of the Cape Fear river. Dr. Adams commended the applicant for the suggested
plans to preserve the history along the west bank of the river. Dr. Adams echoed the
sentiments of the Planning Board in requiring more time to fully understand the proposed
plan.
John Evans suggested that the Planning Board recommend approval of the item with
conditions.
There was discussion regarding holding work sessions with the Waterfront Zoning
District Committee to discuss the planning of the river corridor. The Board agreed to
make a recommendation to the County Commissioners in 60 days regarding the City
View project.
Frank Smith made a motion to table the item for 60 days and hold work sessions in order
to make an informed recommendation to the County Commissioners. Sue Haves
seconded the motion. The Planning Board voted 6-0 to continue the item for 60 days.
Sam Burgess gave an update on the Technical Review Committee's activity for the
month of March 2006.
The Technical Review Committee reviewed four performance residential developments:
1. Nautical Green
The TRC voted 4-0 to deny the project because it failed to meet access requirements.
The attorney for Nautical Green is appealing the decision.
2. Demarest Village
The TRC voted 4-0 to reapprove the project for two years or until 2008.
3. Watermark Landing
The TRC voted 4-0 to approve the project for 66 units with conditions.
4. Porters Pointe
The TRC voted 4-0 to approve the project for 61 lots with conditions.
The neat TRC meeting is scheduled for April 12, 2006 at 2:00 pm.
The Board recognized Dexter Hayes and Steve Candler for their service in the planning
for New Hanover County.
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Sue Haves made a motion to pass a resolution in support of the Parks and Recreation
bond referendum. David Adams seconded the motion. The Planning Board voted
unanimously 7-0 to recommend approval.
Robin Robinson made a motion to adjourn the meeting. The meeting adjourned at 10:40
p.m.
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