200503 Mar PBM
MINUTES OF THE
NEW HANOVER COUNTY PLANNING BOARD MEETING
March 3, 2005
The New Hanover County Planning Board met Thursday, March 3, 2005 at 7:00 p.m. in
the County Court House, 24 North Third Street, Wilmington, NC to hold a public
meeting.
Members Present: Staff Present:
David Girardot, Vice Chairman Dexter Hayes, Planning Director
Robin Robinson Baird Stewart, Senior Planner
Frank Smith Sam Burgess, Planner
David Adams Linda Keough, Administrative Secretary
Sue Hayes Holt Moore, Assistant County Attorney
Members Absent:
Chairman Walter Conlogue
Sandra Spiers
Vice Chairman Girardot opened the meeting by welcoming those present to the public
hearing. Sam Burgess led the reciting of the Pledge of Allegiance to the Flag.
Vice Chairman Girardot proceeded with the approval of the minutes. Robin Robinson
made a motion to approve the February minutes. Sue Hayes seconded the motion. The
Board approved February 2005 minutes by a vote of 5-0.
Item 1: Special Use Permit - Request by Linda Crafts for a Special Use Permit to
locate a Residential Duplex in an R-10 Residential District located at 605 Shawnee
Trail (5-527, 03/05).
Baird Stewart gave a brief review of the request, agency comments and related
information.
Linda Crafts applicant, explained that the reason for her request is to add an addition on
to her home to provide her in-laws with a place to live independently. She added that the
Special Use Permit is required to add the kitchen area with a stove and refrigerator.
Herb Taj for Lot #3 Red Heart Drive, stated that there are other duplexes in the area.
Therefore, he does not feel that property values will be affected by adding this duplex to
the area.
Dexter Hayes provided Preliminary 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.
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A. The subject property is located within the Myrtle Grove VFD.
B. The site fronts on Shawnee Trail and has access to Red Heart Drive, which is a
public right-of-way.
C. The site is served by City Water and County Sewer.
D. The proposed duplex is an addition to the side of the existing home and contains
independent cooking and sleeping facilities.
2. The Board must find that the use meets all required conditions and specifications of
the zoning ordinance.
A. The subject parcel is within the R-10 Residential Zoning District and is
approximately 20,800 s.f.
B. The proposed project meets all required setbacks.
C. Duplexes are permitted by special use permit in the R-10 Residential District
provided the lot is a minimum of 15,000 s.f.
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. The subject property is located in an R-10 residential district. Duplexes are
permitted by special use permit in the R-10 district.
B. No evidence has been presented to indicate that the proposed use will injure
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 site is classified as Developed by the New Hanover County Comprehensive
Plan. The purpose of the developed class is to provide for continued intensive
development and redevelopment of existing urban areas.
B. Housing policies in the comprehensive plan state that "The County and City shall
continue to support and enhance a broad range of affordable housing programs
and increase affordable rental housing."
Staff Comments:
Recently there have been several inquiries about residential duplexes in the R-10 District.
Since R-10 is our most dense district and since R-10 districts are at a minimum served by
either public water or public sewer, it may be worth discussing the necessity for these
requests to go through a special use permit process. Staff welcomes comments from the
Board on this topic.
David Girardot clarified that the reason for the request is because they are adding a
kitchen. Dexter Hayes stated that since they are adding a kitchen it makes it a separate
dwelling unit, which is considered a duplex.
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Robin Robinson asked if there are any restrictions that would prohibit the owners from
renting the unit out to a third party in the future. Dexter Hayes replied that there are no
restrictions in the ordinance.
Frank Smith asked if allowed `By Right' would it open up density for more than 2 '/2
units per acre. Dexter Hayes stated that the ordinance already allows for variations for
duplexes in R-10 zoning districts.
Sue Hayes stated that she has some concern for having a large number of duplexes in the
area.
David Adams made a motion to recommend approval of the Special Use Permit request.
He also made a suggestion that staff prepare a proposal for allowing the use by right for
future consideration. Robin Robinson seconded the motion for approval of the Special
Use Permit request. The Board approved the motion with a vote of 5-0.
Item 2: Rezoning - Request by SAMM Inc. for David Green to rezone
approximately 4.1 acres of property located at 8704 Market Street between Futch
Creek Road and Creekwood from R-15 Residential to B-1 Neighborhood Business
(Z-794, 03/05).
Baird Stewart gave a brief review of the request, agency comments and related
information.
Tim Fuller representing the petitioner, stated that Mr. Green knows that his land is in a
growing business area and it is only a small part of a larger trend in the area. He further
stated that even though staff is recommending against the rezoning he feels that setting
limits on the north south access of the Market Street corridor is not the best approach. He
added that a more appropriate location for setting commercial limits would be on the east
west access of the corridor. He stated that it is appropriate for the property to be rezoned.
However, he feels that a conditional use might be something they would like to discuss
and consider. This would allow the Planning Board to use additional tools to ensure that
the corridor is built in a way that is beneficial to the entire area and the county as a whole.
David Adams asked if Mr. Fuller is suggesting that the petition be withdrawn. Tim
Fuller responded that the applicant submitted for rezoning to B-1 but being sensitive to
the staff concerns they are amenable to other rezoning.
Dexter Hayes provided Staff Summary.
STAFF SUMMARY:
The petitioner is requesting a rezoning of 4.2 acres of property from R-15 Residential to
B-1 Neighborhood Business. In April 2004 the Board of Commissioners approved a 2-
acre conditional use rezoning for a hardware store directly adjacent to the subject
property. Further north and adjacent to the hardware store the Board approved a B-1
neighborhood business rezoning for 10 acres in May 2003.
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Like the adjacent property, the subject property has frontage on a service road being
constructed with the (I-140) 17 By-Pass. For residents along Futch Creek Road and other
neighborhoods east of Market Street, the service road will become the primary access to
Market Street and the (I-140) By-Pass.
The property is located in the Futch Creek watershed and is classified resource protection
by the 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. The resource protection classification does not preclude
commercial development and no County regulated resources have been identified onsite.
Several conservation activities have been undertaken on nearby properties to protect the
Futch Creek watershed. The existing County stormwater management regulations
combined with the state water quality requirements for commercial development should
minimize impacts in the watershed. Other policies in the Comprehensive Plan support
establishing commercial services in close proximity to the markets they serve.
Last year when the adjacent property was rezoned, Staff noted that the combination of the
I-140 Interchange, new subdivisions, and the extension of public utilities would likely
result in multiple rezoning requests along this proposed service road. Several of these
new subdivisions will have direct access through the 10 acre B-1 district that is currently
undeveloped.
While the intersection of the service road and Market Street will have a large volume of
traffic staff believes that the existing commercial node at Porters Neck Road Intersection
provides adequate services for the neighborhoods nearby. Expanding another
commercial center at this new intersection and along the service road is unnecessary.
The establishment of the adjacent Conditional Use District effectively established the
limits of the commercial zoning along this new road. Ultimately when the I-140 project
is completed and new traffic patterns are well established it may be appropriate for
additional commercial or office uses to located in the area, however, staff believes that
further commercial zoning should be discouraged at this time. Staff recommends denial.
David Adams asked about the road going through the front property and the back
property.
Frank Smith stated that he felt that more of these rezoning requests are likely to come
before the Board since they border Market Street. He added that this is an opportunity to
make development better and supports allowing the applicant to come back to the Board
with plans for a conditional use proposal. Robin Robinson stated that she was in
agreement and in favor of looking at particular uses rather than straight rezoning. Sue
Hayes also agreed.
There was further discussion regarding SHOD, setbacks, and nearby properties. Frank
Smith stated that this location has been designated as a Resource Protection area for a
reason.
Mary Nixon expressed her concerns regarding the effect that the rezoning of this property
would have on her property and other residents that she is representing who are living on
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a fixed income. Her concern was that their property taxes would increase with the
rezoning.
Baird Stewart stated that the applicant had mentioned the possibility of placing a hotel on
the property in his earlier discussion. He added that a hotel would require B-2 zoning
and at least 5 acres of property.
Frank Smith made a motion to continue the item and allow the applicant to come back
before the Planning Board with a modification to the application. Robin Robinson
seconded the motion. The Board approved the motion with a vote of 5-0.
Item 3: Rezoning - Request by Withers & Ravenel representing Seahawk Properties
LLC to modify the site plan for an existing CD(I-1) Conditional Use Light Industrial
District located at 2016 Farley Drive (Z-510, 03/05).
Baird Stewart gave a brief review of the request, agency comments and related
information.
Cindee Wolf Withers & Ravenel representing the owner, stated that this request is a
modification of a previous application. The new owner is planning to improve the
property by adding new buildings, move the existing house to be used as a residence,
eliminate the residential and service driveways in exchange for a new driveway to be
used for entrance into the storage area, and bring the landscaping up to date. She stated
that the proposed plan meets all of the requirements of the ordinance with an explanation
of the 50' side setback requirement from Capital Drive Right of Way.
There was further discussion regarding the 50' side setback. Sue Hayes asked if the
Board could impose additional restrictions. Dexter Hayes replied that the Board can
impose additional restrictions but they have to meet the minimum code requirements.
Dexter Hayes provided the staff summary.
STAFF SUMMARY:
In 1995, the subject property was rezoned from Airport Residential to conditional use
light industrial. The rezoning occurred shortly after the Murrayville Station project was
rezoned.
According to the zoning files the subject property was a total of 1.9 acres and included
some property to the north that is now part of Murrayville Station and serves as the main
access to that classification of Farley Road, the Planning Board recommended and the
Board of Commissioners adopted the reclassification of Farley Road and eliminated a
driveway connection from the subject property to Capital Drive and Murrayville Station.
Ultimately the conditional use I-1 site plan was approved 4,000 s.f. of storage space with
an on-site managers residence. Three additional conditions were imposed on the project
that included limiting the size of the sign to 32 s.f, the fence along Farley Drive to be
located 10 feet from the right of way to preserve the existing vegetation, and the setback
between buildings shall be 20 feet.
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In the original review the front yard setback that was applied to the project was 35 feet
along Farley Drive which is actually the setback from minor streets in B-2 Highway
Business Districts. While front yard setbacks in the I-1 District have always been 50 feet,
there may have been some confusion about this project since the original zoning request
was modified from B-2 to CD(I-1) and the classification of Farley Road was changed
during the review of the project. New development on the site should meet the
appropriate front yard setbacks, which in accordance with Section 56-4 and 23-19 require
50 feet from Farley Drive and Capital Drive.
Staff supports the expansion of the mini-warehouse operation on the site. However, the
proposed site plan does not comply with the required 50-foot setback from the Capital
Drive right of way. Staff recommends reconfiguring the project to accommodate the
appropriate setbacks.
Holt Moore, Assistant County Attorney stated that the intent of the ordinance for this
type of setback issue is to determine if the property abuts the road. He added that this
particular property does not abut Capital Drive.
There was further discussion regarding changing the setback to 35' which would have to
be heard by the Board of Adjustment for variance approval.
Frank Smith made a motion to recommend approval of the rezoning request with the
condition that a 35' setback from the Capital Drive ROW is approved by the Board of
Adjustment. Robin Robinson seconded the motion. The Board approved the motion with
a vote of 5-0.
Item 4: Rezoning - Request by Landdesign Inc. for SENCA Properties LLC to
rezone approximately 71 acres of property located in the 9000 Block of Market
Street on the east side between Creekwood Road and Scott's Hill, from R-15 and
CD(O&I) to Conditional Use Neighborhood Business CD(B-1) and Conditional Use
Office and Institutional CD(O&I) for an ambulatory surgery center, medical offices,
professional offices & retail complex (Z-795, 03/05).
Baird Stewart gave a brief review of the request, agency comments and related
information.
Chris Boney, LS3P, Architect, stated that Scott's Hill Village will be a model
development unique to the area. He added that the character of the construction would be
that of a small village providing quality medical care.
Larry Best, Landesign, stated that this project could serve as the gateway into New
Hanover County. Mr. Best provided slides showing concepted designs for the project
and explained the topography and distance from Market Street and Futeh Creek.
Dr. Hormoze Goudarzi, representing SENCA Properties, stated that he is working with
approximately 100 physicians to create an example of a medical community. The medical
community would be a partnership with the hospital, physicians and community working
together to supply the county residents with an excellent facility for their health needs.
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James Mullin, Salem Woods Subdivision, stated that his subdivision is small and his
house sits in the back of the O&I area. He feels that the project is too big for the area,
adding that he bought his property because it was not near businesses and feels this is a
conflict to the residential area. He stated that there is a hospital in Pender County. He
added that he feels that the buffer area is not sufficient which makes him concerned about
the noise from A/C units and garbage trucks. He expressed concerns regarding lighting
in the parking lots.
Ed Verge, Salem Woods, stated that his property is the lowest lot in the subdivision, and
is concerned about the runoff onto his property. He also expressed concerns regarding
truck traffic and the absence of any traffic light placed at the site.
Mary Nixon, stated that she is concerned about the water on her property and the effects
this development would have on her property.
Ted Wilgis, NC Coastal Federation, stated that the county has been receiving funding to
protect the watershed. The county's density limits apply to this area. The approval of
this project could affect future requests for additional funding. He requested that the
Board postpone approval until other parties have had time to review the project.
Katherine Nixon, asked what does Creekwood Road have to do with this approval?
Baird Stewart stated that the roads connect to this project but there are no plans to
improve Creekwood Road with this project. She stated that residents on Creekwood
Road were not notified. Baird Stewart explained that the purpose of the notification is to
spread the word that there is going to be a meeting and that all of the adjacent property
owners were sent notification.
Timothy Keegan, Lot #20 Salem Court, stated that he is concerned about the affects of
this project on his property and asked that the Board give consideration to what affect it
will have on the residential areas.
Christine Keegan, asked if anyone that is working on this project will be living there. Dr.
Goudarzi replied that he plans to be living there when the project is complete. Ms.
Keegan stated her concerns for truck traffic and placement of the air conditioning units.
Hans Mulberg, Lot 31, stated that he received his notice on Saturday explaining that there
was a lag in receiving the notices.
Chris Boney, stated that this project is required to meet all of the state and local
requirements. He stated that all the issues will be discussed and they do understand the
neighborhood concerns. However, the applicant does feel that this is an opportunity to
provide the county with a medical facility that will become a gateway to the county. Dr.
Goudarzi explained that the Department of Facilities has done their research and they did
find the need for the facility in this area adding that the hospital that he is currently
working in is short of space.
Christine Keegan, asked about turning the shopping portion of the project away from the
residential area.
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Dexter Hayes provided the staff summary.
STAFF SUMMARY:
The subject property is a 70.84 acre portion of a larger 150 f acre tract. The entirety of
the parcel is one of the largest undeveloped properties in northeastern New Hanover
County. While areas south of the I-140 interchange have been actively developing for
the past couple of years, no significant commercial or professional office uses have been
established on either side of Market Street north of the interchange. Recognizing the
problems with establishing another commercial strip, which is prevalent along many of
our major corridors, staff has historically been reluctant to support any commercial or
office zoning districts in this area. However, there are several factors about this proposal
that mitigate some obvious concerns.
Previously the Board approved a Conditional Use Office and Institutional Rezoning for a
3.36 acre portion of the subject property, which was proposed for an Ambulatory Surgery
Clinic. The Board approval and the Staff support of that zoning was based on the
expectation that a larger 20f acre medical office campus would be forthcoming.
Recognizing that there is an existing commercial zoning district in Pender County at the
corner of Scott's Hill Loop Road and Market Street, staff noted that a logical land use
pattern for this area would be an expansion of commercial from the Scott's Hill Loop
intersection, where commercial development is already permitted. This development
pattern could transition south along the thoroughfare into Office and Institutional uses
and ultimately back into the residential area. The previous rezoning established a master
planning process with phased conditional use zonings that would allow planning staff, the
Planning Board and the Board of Commissioners to review each site plan to ensure that
the subsequent phases accomplished the transition from a planned commercial
intersection into residential.
In order to accommodate the most recent plans and objectives of the project and
recognizing some of the natural characteristics of the site including the rolling
topography, wetlands and conservation resources the proposed zoning does not transition
as anticipated. Additionally, the proposed project is significantly larger than originally
anticipated with a 45 f acre Conditional Use Office and Institutional District and a 25 f
acre Conditional Use Neighborhood Business District. The CD(O&I) portion of the
project includes the Ambulatory Surgery Clinic, 4 two story office structures and a large
medical complex totaling approximately 450,000 s.f. of medical office space. The CD(B-
1) Neighborhood Business District includes multiple mixed-use office and retail
buildings totaling approximately 175,000 s.f. of retail space and another 110,800 s.f. of
office space. The applicant has indicated a desire to include residential uses in the
Neighborhood Business District, however, residential uses are not permitted in the B-1
district outside the Urban Growth Boundary.
The property is located in the Futch Creek watershed and is classified resource protection
in the 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 the resource protection class as long as important resources are not
adversely impacted. Planning staff will have to verify the extents of the Swamp Forest
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boundary, however, it appears that it coincides with the regulated wetlands that are being
protected. Several conservation projects have been undertaken on nearby properties to
protect the Futch Creek watershed including the purchase of a 21 acre parcel fronting on
Foy Creek, which is located on the south end of the larger 150 acres. The existing
County stormwater management regulations combined with the state water quality
requirements for commercial development should help mitigate some water quality
impacts. Other policies in the Comprehensive Plan support mixed use development in
undeveloped areas in order to maximize benefits from available infrastructure, preserve
valuable natural resources including open space and reduce dependency on the
automobile.
Given the constraints of the project and the unique features of the site, the applicant has
developed a viable plan that provides interconnectivity through public roads, limited
access to Market Street, and some protection for the existing wetland areas. The
applicant is also proposing additional stormwater quality best management practices to
mitigate some of the negative impacts of runoff from the impervious surfaces. The
proposed project and the anticipated future development on the balance of the property,
generally meet the objectives of mixed-use development as stated in the comprehensive
plan. Some of the draft policies and comprehensive plan changes that are being reviewed
as well as a proposed zoning text amendment that is in process may allow some changes
to the site plan that would allow for a more effective transition between the commercial
and residential uses and also better accommodate the objectives of mixed use
development.
The initial premise behind establishing this master plan is the time schedule for
developing the Ambulatory Surgery Clinic. Staff believes that the basic layout of streets
and the location of the Ambulatory Surgery Clinic are satisfactory to move that phase of
the project forward. However, given the unique topographic features of the site, the
wetland features, the proximity to SA waters, the make up of the forest and land cover
and the general impact and scale of the project; staff recommends that the Board only
approve the general circulation system and a first phase of the project that includes the
area encompassing the Ambulatory Surgery Clinic, while the details of the remainder of
the master plan and transportation improvements are finalized.
Robin Robinson confirmed that staff recommends approving the Ambulatory Surgery
Clinic on the northern (0&1) portion of the plan. Ms. Robinson stated that with
consideration to the citizens and the size of the plan she feels that the project should only
be approved in portions. Sue Hayes stated that she had some concerns and does not feel
comfortable approving any of the project at this time. Robin Robinson stated that she
would like to recommend approval of the ambulatory portion only so that portion of the
project can move forward. Frank Smith asked for an explanation of the traffic counts and
DOT overview.
David Adams stated that he is not ready to take any action and made a motion to meet
with staff, local people, the petitioner, and DOT for an information session. Sue Hayes
seconded the motion. The motion failed with a 3 to 2 vote (Smith, Robinson, Girardot
opposed).
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Dr. Goudarzi stated that it took eighteen (18) months and a great deal of legal expenses to
work with the Department of Facilities in order to receive the Certificate of Need. He
noted that they have a tight schedule of eighteen months to complete the project in the
Department of Facilities timeframe. Dr. Goudarzi stated that he felt the urgency in
moving forward with the Ambulatory Surgery Center but is very willing to have the
discussion session with the staff and residents to address their overall concerns.
Holt Moore stated that if the Board does not take action the applicant could still move
forward to the County Commission.
Robin Robinson made a motion to recommend approval of the Ambulatory Surgery
Center portion to include the entrance road back to street "AA" and north to include the
pond. Included in the motion was that the remainder of the request be withdrawn until an
information session was held with the public agencies, neighbors and other interested
parties. Frank Smith seconded the motion. The Board approved the motion with a vote
of 3-2 (Sue Hayes and David Adams opposed).
Frank Smith suggested the work session be held at the church in Scott's Hill. David
Adams recommended that the work session be purely informational.
Sam Burgess provided the TRC report:
Becker Woods
• Limited transitional
• 29 Lots
• Private water & sewer
• Private roads
Marsh Landing Place
• Resource Protection
• Public water & sewer
• 45 Lots
• Public roads
Forest Grove
• Developed Residential
• 30 Lots
• Public water & sewer
• Public roads
Johns Creek South
• Resource Protection
• 13 Lots
• Private roads
• Private water & sewer
Country Haven Section 3
• Urban transition
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• 33 Lots
• Public water & sewer
• Master water plan to be created and approved
• Private roads
Sam Burgess reminded the Planning Board of the TRC meeting scheduled for March 9u,
at 2:00 p.m.
Being no further business, David Adams made a motion to adjourn the meeting. Sue
Hayes seconded the motion, which the Board unanimously approved. The meeting
adjourned at 10:25 p.m.
Dexter Hayes, Planning Director
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