200605 May PBM
NOTICE OF PUBLIC HEARING
New Hanover County Planning Board
May 4, 2006
The New Hanover County Planning Board met Thursday, May 4, 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 Dave Weaver, Acting Planning Director
David Adams Sam Burgess, Planner
Sue Hayes Karyn Crichton, Administrative Specialist
Robin Robinson Holt Moore, Assistant County Attorney
Kenneth Wrangell Chris O'Keefe, Senior Planner
Chairman Walter Conlogue opened the meeting by welcoming the audience to the public
hearing. Sam Burgess led the reciting of the Pledge ofAllegiance.
Walt Conlogue announced that item #6, subdivision Appeal by Robert Calder for Secof
to appeal the decision of the County's Technical Review Committee (TRC) to deny
Nautical Green Subdivision for 35 lots (SA-26) had been withdrawn from the agenda and
would be heard at the June Planning Board meeting.
The approval of the April Planning Board minutes were postponed until June to allow
time for review.
Item 1: Rezoning-Request by Cindee Wolf for GSSC Properties to rezone
approximately 2.46 acres from R-15 Residential and 0&1 Office and Institution to
CD (B-2) Conditional Use Highway Business District in 4800 block of Carolina
Beach Road (Z-840, 05/06).
Sam Burgess presented the slides and gave a brief overview of the site's history, land use,
zoning, and related information.
Cindee Wolf representing GSSC Properties stated that this project is well suited for
Carolina Beach Road because of accessibility and location. Ms. Wolf described the
proposed commercial building style and showed a photo of a similar style building. Ms.
Wolf explained that her client is applying for CD (B-2) zoning because the project did
not meet the acreage requirement of CD (B-1) zoning. Additionally, Ms. Wolf stated that
the buildings will be flex-office space for low-intensity business and listed approximately
ten business types that would be allowable under the conditional use permit.
Debbie Wilson adjacent property owner spoke in opposition to the CD (B-2) rezoning
because of traffic and safety concerns. Ms. Wilson stated that the project would increase
traffic and endanger pedestrian and bicycle traffic along Horn Road given there are no
lines or streetlights on Horn Road. Additionally, the intersection of Horn and Carolina
Beach Road is prone to many accidents and left hand turns are very difficult. Ms. Wilson
submitted into public record a petition of 58 neighbors in opposition to the rezoning.
Karen Downing, adjacent property owner spoke in opposition to the rezoning. Ms.
Downing requested that the area remain undeveloped and suggested the project relocate
to a pre-existing vacant commercial space.
Cindee Wolf stated in her rebuttal that two-thirds of the property is currently zoned O&I
thus, some type of non-residential entity will eventually go there.
David Adams inquired if the plans required Horn Road as access and Cindee Wolf
replied that they have included it as access in their plan, although NCDOT does not
require it.
Sam Burgess provided the staff summary and findings:
STAFF SUMMARY
The subject property is located in the northwest corner of Horn and Carolina
Beach Roads and consists of three (3) parcels of property. Two of the parcels of property
were rezoned to O&I Office and Institution in July 2002. Presently the property
is vacant. Road frontage along Carolina Beach Road is approximately 300 feet and 280
feet along Horn Road. Residential land uses surround the north and west portions of the
property. An existing B-2 High Business District is located across from the subject
property to the south and east.
The applicant's proposed site plan design displays a curb cut, at Carolina Beach
Road and Horn Road. Horn Road at Carolina Beach Road has a median crossing for
traffic heading north. Two "flex" office retail structures containing a total of 17,500
square feet along with adequate parking is also proposed. The property does not contain
conservation resources and is not within the 100 year flood zone.
The applicant's request to rezone the property from largely O&I to CD (B-2)
could be considered a logical extension to the existing B-2 zoning district to the south
and east. However, given the residential character of Horn Road and several properties
still fronting along Carolina Beach Road and the potential for higher density residential
uses in this area, staff recommends that the property remain O&I Office and Institution to
provide a good transition between the residential land to the north and commercial
property to the south. County policies also discourage the stripping out of major
highways for commercial development.
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 properly is located within the Myrtle Grove VFD.
B. Public water and sanitary sewer will serve the site.
C. The subject property is not located in a 100-year floodplain.
D. Access to the site is from Carolina Beach Road and Horn Road.
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 O&I Office and Institutional Zoning District.
B. A is an allowed use in a B-1 (CD) Neighborhood Conditional Use Zoning District
C. The site plan meets the requirements of the zoning ordinance for parking, but does not show
the requirements for setbacks, buffers, landscaping.
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 presented that the proposed use will injure the value of adjoining or
abutting property.
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 2005 updated New Hanover County Comprehensive Plan classifies the site as Urban.
Sue Haves inquired about the conditions of Horn and Carolina Beach Road and what was
the Level of Service (LOS). It was stated that the LOS of Carolina Beach Road is "E."
Robin Robinson asked Ms. Wilson and Ms. Downing if they would be amenable to
rezoning two-thirds of the property B-2 and one-third of the property O&I thereby
leaving an O&I buffer between their property and the B-2 zoning.
Debbie Wilson stated that the neighborhood is opposed to any B-2 zoning.
Walt Conlogue stated that he would consider a request to rezone all three parcels O&I but
not B-2.
Sue Haves made a motion to recommend denial of the conditional use rezoning. Ken
Wrangell seconded the motion. The Board voted 3-2 (Conlogue and Robinson) to
recommend denial of the request
Item 2: Special Use Permit- Request for a Special Use Permit by Our Child's World
Daycare Center to expand an existing daycare center from 5 children to 10 children
at 501 Manet Road (S-557, 05/06).
Sam Burgess presented the slides and gave a brief overview of the site's history, land use,
zoning, and related information.
LaDonna Sansevero petitioner, stated that she is requesting a special use permit so that
she may expand her childcare center from 5 to 10 children. Ms. Sansevero stated that she
is a licensed daycare provider and has operated a daycare for 10 years. Ms. Sansevero
stated that she has no intentions of becoming a big daycare center but rather a small
daycare provider, operated from her house.
No one spoke in opposition to the item.
Sam Burgess provided the staff findings:
Preliminary Staff Findings
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. County water and sewer serve the property.
B. The property accesses Carolina Beach Road, an identified arterial, by Antoinette
Drive an identified collector.
C. Fire Service is available from the Myrtle Grove Fire Department.
D. The property is located near an identified AE floodway for Mott's Creek
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The property is zoned R-10 Residential.
B. Off-street parking requirements are not met according to the requirements of
Article VIII of the New Hanover County Zoning Ordinance. Employee parking
exists, but not a designated area for drop-off and pick-up of children.
C. The entire play area is in an enclosed fence with a minimum height of four feet.
D. The applicant states the day care is licensed by the State of North Carolina.
E. No outside on-premises signs currently exists.
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 facilities exist in other residential districts in New Hanover
County.
B. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
4. The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area
in which it is to be located and in general conformity with the plan of development
for New Hanover County.
A. The 2006 Land Use Plan Update identifies this area as Urban and Conservation.
B. Policies in the Comprehensive plan support providing additional services for the
special needs population, the elderly as well as for children.
Suggested Conditions:
1. Parking and circulation needs to be shown on the site plan.
The Board asked the petitioner to include a circular driveway and off-street parking on
the site plan and Ms. Sansevero agreed.
Robin Robinson made a motion to recommend approval of the item with staff's
conditions to include off-street parking and a circular driveway on site plan.
David Adams seconded the motion. The Board voted 5-0 to recommend approval of the
item.
Item 3: Special Use Permit- Request for a Special Use Permit by Brad Dunker and
Sharon Walker for a Daycare Center located at 547 Sanders Road (5-558, 05/06).
Sam Burgess presented the slides and gave a brief overview of the site's history, land use,
zoning, and related information. Mr. Burgess stated to the north of the property, a major
subdivision is planned.
Shawn Burch, with Secof construction representing the petitioners stated that they are
requesting a special use permit for a child daycare center. Mr. Burch distributed site
plans to the Board; stated the project meets county zoning ordinances; and described the
project's buffers. Mr. Burch submitted a traffic impact analysis to NCDOT for
recommendations and stated that Sanders Road can accommodate an increase in traffic.
Mr. Burch stated that the project will increase adjacent property value and is in
accordance with the county's comprehensive plan.
Dr. Katie Graham Canty spoke in opposition to the project because of increased traffic,
environmental concerns, and the close proximity of the proposed daycare center to her
residency. Dr. Canty stated that she did not want a business next door and was concerned
that the daycare center could be sold and replaced with another type of business.
Walt Conlogue clarified that if this request is granted, a daycare center was the only
business type allowable under this special use permit.
Shawn Burch stated in his rebuttal that there will be a landscaped and fence buffer around
the entire property and that the building will be setback 80 feet from Sanders Road.
There was Board discussion regarding the distance between the daycare center and Dr.
Canty's property. Dr. Canty requested that building be moved further away from her
property.
There was discussion regarding whether a retention pond or an underground pond would
be placed on the western portion of the property.
Sam Burgess provided the staff findings:
Preliminary Staff Findings
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.
C. County water and sewer will serve the property.
D. The property accesses Carolina Beach Road, an identified arterial, by Sanders
Road an identified collector.
E. Fire Service is available from the Myrtle Grove Fire Department.
F. The property is not located in a flood hazard area.
G. NCDOT traffic engineering department did not require a Traffic Impact
Analysis.
H. Parents may be able to combine trips with the elementary school.
2. The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance.
1. The property is zoned R-15 Residential.
J. Off-street parking requirements are met according to the requirements of Article
VIII of the New Hanover County Zoning Ordinance.
K. The entire play area is in an enclosed fence with a minimum height of four feet.
L. The applicant states the day care will licensed by the State of North Carolina.
M. Section 72-20 states that the sign dimension limits, if located on a collector or
arterial, can only have maximum size of 12 square feet (i.e. 3 X 4). The site plan
shows a sign 32 square feet (4 X 8).
N. The site plan does not meet the requirements of Section 67-10 street yards. No
street yard is on the site plan.
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.
0. Similar type facilities exist in other residential districts in New Hanover
County.
P. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
4. The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the
area in which it is to be located and in general conformity with the plan of
development for New Hanover County.
Q. The 2006 Land Use Plan Update identifies this area as Urban.
R. Policies in the Comprehensive plan support providing additional services for the
special needs population, the elderly as well as for children.
S. Bellamy Elementary School is located adjacent to the proposed site.
Suggested Conditions:
1. Staff recommends the traffic circulation plans be approved by
NCDOT.
2. Staff recommends that the site plan include street yard and buffer yard
and setbacks around the perimeter of the property.
The petitioner stated that he was in agreement with staff findings and recommendations.
Dave Adams stated that the land is suitable for developing and suggested that the
petitioner consider an underground infiltration system on the western third of the
property.
Sue Haves inquired what the level of service (LOS) was on Sanders Road. Mr. Burgess
stated that the LOS on Sanders Road is A/B. There was discussion regarding the
extension of Sanders Road and what effect future development would have on Sanders
Road.
Robin Robinson inquired about the location of the parking lot and the buffer.
Dave Adams made a motion to recommend approval of the special use permit with st6aff
conditions. Robin Robinson seconded the motion. The Board voted 5-0 to recommend
approval of the item.
Item 4: Text Amendment- Request by Jussara Bastos to amend the New Hanover
County Zoning Ordinance to allow a Bed and Breakfast in an R-15 Residential
Zoning District by Special Use Permit (A-349, 05/06).
Chris O'Keefe provided the staff summary and listed the recommended additional
restrictions to be imposed on bed and breakfast inns.
There was discussion among the Board and Planning Staff regarding the additional
restrictions. It was decided that the additional restrictions section of the zoning ordinance
(72-39) would read as follows:
Section 72: Additional Restrictions Imposed on Certain Special Uses
72-39: Bed and Breakfast Inn- A Bed and Breakfast Inn maybe permitted in an R-20S, R-20, R-15,
AR or RA residential zoning districts provided:
1) A minimum of one off-street parking space per bedroom.
2) One off-street parking space per non-resident employee.
3) No lighting beyond normal residential lighting.
4) The only sign allowed is a sign no greater than 4 square feet and must be an attached wall
sign.
Lewis Martin, co-applicant, stated that they are requesting a text amendment to the
county's zoning ordinances to allow for a bed and breakfast in a residential area. Mr.
Martin explained his plans for a bed and breakfast off Castle Hayne Road.
Sue Haves inquired whether buffer requirements should be added to the amendment. It
was stated that buffer requirements could be specified on an individual basis when
issuing special use permits.
Robin Robinson made a motion to recommend approval of the zoning text amendment
with the Planning Staff's recommended restrictions. Sue Hayes seconded the motion.
The Board voted 5-0 to recommend approval of the item.
Item 5: Text Amendment- Request to amend the New Hanover County Flood
Ordinance to reflect changes in the requirements for administering future flood
conditions (A-350, 02/06).
Chris O'Keefe presented the revisions to the Flood Damage Prevention Ordinance. Mr.
O'Keefe stated that approximately 263 properties along Smith Creek have been identified
asFuture Conditions Flood Hazard Areas and those property owners will receive written
notification. Mr. O'Keefe presented comments submitted by Ed Curtis, engineer with the
Floodplain Management Branch for North Carolina Division of Emergency Management
and asked that the Planning Board consider these revisions in conjunction with the Future
Conditions Flood Hazard Areas.
Ann Hines, Chief Zoning Official for New Hanover County answered technical questions
and explained what the shading on the map represented and clarified the new terminology
(AE, AEFW, SHADED X, VE) referenced on the map.
Sue Haves made a motion to recommend approval of the text amendment including the
revisions submitted by Mr. Cutis. Robin Robinson seconded the motion. The Board
voted 5-0 to recommend approval of the item.
Item 6: Subdivision Appeal- Request by Robert Calder for Secof to appeal the
decision of the County's Technical Review Committee (TRC) to deny Nautical
Green Subdivision for 35 lots (SA-26, 04/06).
This item was withdrawn from the agenda and continued until the June meeting.
Chris O'Keefe gave an update regarding the proposed administrative process for a traffic
plan review for non-residential development. Mr. O'Keefe distributed the City of
Wilmington's current procedures for development and stated that the County is proposing
a model similar to the City of Wilmington's in that the footprint for review be a minimum
of 10,000 square feet.
There was discussion among the Board and Planning Staff regarding the implementation
and legalities of the proposed administrative traffic review. The Board scheduled a work
session for May 17, 2006 to discuss the details of an administrative process for traffic
plan review on non-residential projects generating 100 peak hour trips or 10,000 square
feet.
Sam Burgess gave an update on the Technical Review Committee's activity for the
month of April 2006.
The Technical Review Committee (TRC) reviewed eight performance residential
developments:
1. Carrington Woods-The TRC voted 4-0 to approve Carrington Woods
subdivision with conditions.
2. Walnut Hills-The TRC took no action on the remaining lots at Walnut Hills
subdivision and is awaiting a new preliminary site plan based on regulatory
changes.
3. Covil Crossing-The TRC voted 4-0 to approve Covil Crossing for an additional
year with conditions.
4. Lake Brewster-The TRC voted 4-0 to continue the item until the NCDOT
submitted a written response regarding the installation of sidewalks by the right of
way.
Mr. Burgess stated that this case illustrates the deficiencies within performance
residential projects having no front yard setback requirements and the placement
of sidewalks.
5. North Kerr Industrial Park-The TRC voted 4-0 to continue the item until
adequate traffic impact analysis is completed.
6. Gordon Road Station-The TRC voted 3-0 to approve 29 units with conditions.
7. Deer Crossing-The TRC voted 3-0 to grant a 1-year extension for 159 lots.
8. Forest Creek at Porters Neck-The TRC voted 3-0 to re-approve the plan for 2-
years.
Mr. Burgess stated there would not be a TRC meeting on May 10, 2006.
Being of no further discussion, Dave Adams made a motion to adjourn the meeting. Sue
Haves seconded the motion. The meeting adjourned at 7:40 PM