200403 Mar PBM
MINUTES OF THE
NEW HANOVER COUNTY PLANNING BOARD MEETING
MARCH 4, 2004
The New Hanover County Planning Board met Thursday, March 4, 2004 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:
Ken Dull, Chairman Dexter Hayes, Planning Director
Walter Conlogue, Vice Chairman Baird Stewart, Senior Planner
David Girardot Sam Burgess, Planner
Frank Smith Debbie Grymes, Administrative Secretary
Michael Keenan
David Adams
Robin Robinson
Members Absent:
Chairman Ken Dull opened the meeting by welcoming the audience to the public hearing.
Sam Burgess led the reciting of the Pledge of Allegiance to the Flag. Chairman Dull
I informed members, staff and public that Item number two would be withdrawn from the
agenda and then preceded with the approval of the December 2003 minutes. The Board
conditionally approved the December 2003 minutes by a vote of 7-0.
Chairman Dull proceeded with the first hearing item.
Item 1: Special Use Permit - Request by John Sawyer Architects for Plantation
Village to modify an existing Special Use Permit for a personal care facility by
adding a maintenance building and associated parking area in the northeastern
corner of the project in an R-20 Residential District located at 1200 Porters Neck
Road (5-211, 02/04).
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information.
Chairman Dull asked the petitioner to come forward.
John Sawyer of John Sawyer Architects presented the request on behalf of Plantation
Village. He explained that he had been in contact with the residents of Plantation Village
in regards to the relocation of the garden and buffer area. The residents had concurred
with his decision. His reasoning behind this request was to solve the issue with site
planning by moving the maintenance building away from the neighbors. He also stated
that Plantation Village was satisfied with the revised site plan because it did not impact
the adjacent neighborhoods.
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Chairman Dull asked if there were any other speakers in favor of the petition.
Paul Knott an adjacent neighbor representing the Hunters Green HOA, who had previous
concerns with the location of the building and the impact it would have on their homes,
also supported the revised petition.
Chairman Dull asked if there were any speakers in opposition.
Chainnan Dull closed the public comment segment of the hearing and asked the Staff for
findings and recommendations.
STAFF COMMENTS:
After a significant amount of discussion regarding the location of the proposed
maintenance facility,'the Planning Board voted 6-0 to continue the request to amend the
special use permit. The architect has modified the site plan according to the comments
and concerns raised at the last meeting.
The petitioner is requesting a modification to an existing Special Use Permit to add a
maintenance area with a building, employee parking and vehicle staging area on the
northeast perimeter of a 55t acre nursing and personal care facility. Plantation Village
was originally approved as a nursing and personal care facility in 1983. Since that time
there have been 3 revisions, which ultimately increased the acreage of the project and
reduced the number of units. The most recent revision in 1996 includes a 1625 s.f.
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maintenance building with associated parking area. However this facility has not been
constructed and the maintenance operations share space with a woodworking shop
amenity for the residents. The proposed maintenance facility, which is in a different
location than originally planned shows a 2500 s.f. building with a future 2500 s.f.
expansion area. The proposed location for this facility is adjacent on the North to five or
six residential lots in the Porters Neck Subdivision and adjacent on the East to the Porters
Neck maintenance facility.
John Sawyer, the architect for the proposed project has been in contact with the adjacent
owners as outlined in the attached narrative. The project exceeds the minimum setback
requirements and can accommodate buffering, however the existing dense canopy may
make it difficult to establish a thick buffer between the ground and 6-8'.
Staff concurred that there were no changes to finding of fact in regards to the
facility itself, and was in agreement with the recommended revised site plan be
Since the Board had no additional comments on the matter, Walter Conlogue moved to
recommend approval as submitted. David Adams seconded the motion, which carried by
a unanimous vote.
Item 2: Special Use Permit - Request by Reader's Yorkies & Dobermans for a
Special Use Permit for a breeding kennel for approximately 50 breeding Yorkies in
an R-15 Residential District located at 1927 Gordon Acres Drive off of Gordon
Road (S-514, 03\04).
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This item withdrawn prior to the public hearing.
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Item 3: Rezoning - Request by J. F. Larsen for Oliver Godwin to rezone
approximately 3.30 acres of property located at 6620 Gordon Road across from
Farrington Farms Subdivision from R-15 Residential to I-1 Light Industrial (Z-774,
03/04).
Baird Stewart presented the slides and gave a brief review of site's history, land use,
zoning and related information.
Chairman Dull asked the petitioner to come forward.
Mike Keenan excused himself from the Board due to a conflict of interest with
Wachovia's ties to petitioner and property.
Oliver Godwin longtime resident and property owner of 6620 Gordon Road expressed his
approval for the rezoning of his property from R-15 Residential to I-1 Light Industrial
He explained that he purchased property elsewhere and has plans to move into his new
residence sometime in May of this year.
J.F. Larsen an independent realtor representing Oliver Godwin in the sale of his property
explained that 6620 Gordon Road was surrounded on two sides by I-1 Light Industrial
j properties and the property to the west is used for an institutional type use. The adjacent
Gresham Place Apartments, when approved under as a special use permit was, required
to have a vegetated buffer zone. In compliance with current ordinances, Mr. Larsen
proposed an additional 20 feet vegetated buffer zone and building set back. By combining
both present and past efforts, there would be a buffer zone of 50 ft. or more with parking
considerations. He proposed a clean light industrial use of the property to allow the
highest and best use of the land in today's economy. He explained as the county grows
so do the services needed to allow the community to flourish.
Chairman Dull asked if there were any other speakers in favor of the petition.
David Floyd owner of Atlantic Marine in Wrightsville Beach was due to close on
adjacent property to the east within the next thirty days. He plans to extend his boat
rigging business and boat storage with additional metal storage facilities on the property.
He was in favor of rezoning the adjacent property to I-1 Light Industrial. He had spoken
to Mr. Godwin and Mr. Larsen about a joint driveway to reduce unnecessary traffic near
the residential areas. This would make the area more favorable for all of the parties
involved.
Daniel Thompson who is associated with Intracoastal Realty and assisting Mr. Godwin in
the sale of his property also concla red with the rezoning proposal from R-15 Residential
to I-1 Light Industrial. He had previously owned property on Gordon Road and was
familiar with the previous zoning changes. He suggested that the rezoning to I-1 Light
Industrial was the most probable plan of action and would follow previous rezoning
decisions.
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Chairman Dull asked if there were any speakers in opposition to the petition. There were
no other speakers. Chairman Dull asked the Staff for their recommendations.
STAFF SUMMARY:
The petitioner is requesting a rezoning from R-15 residential to I-1 Light Industrial. The
subject property has approximately 200 feet of frontage on Gordon Road across from the
entrance to the Farrington Farms Subdivision and is surrounded on two sides by I-1 Light
Industrial Zoning. The other side of the property is adjacent to Gresham Place
Apartments, which is a recently developed 51 unit personal care facility. The majority of
the Industrial zoning in the area is part of Dutch Square, which was established in 1979.
The Dutch square Industrial zoning was extended to Gordon Road in the late 80's and
early 90's. At that time concerns were raised that extending the Industrial District to
Gordon Road would lead to further requests to expand down Gordon Road to the West.
Primarily because of its proximity to Dutch Square, the parcel directly adjacent to the
subject parcel was rezoned from R-15 Residential to I-1 Light Industrial in 1999. To date
there has been no development on that tract of land. Because of the impact on the subject
parcel and the concern for more Industrial zoning extending further down Gordon Road,
staff recommended in 1999, that as a transition the adjacent parcel should be zoned O&I
Office and Institutional. Because of the number of large acreage tracts nearby, Staff
continues to have concerns about expanding this zoning pattern further west along
Gordon Road. Therefore, Staff recommends that the subject property should be
zoned O&I as a transition into the Residential uses to the west. This would also
establish a boundary for the existing commercial/industrial zoning. 1
Walter Conlogue questioned the petitioner if he knew the intended use for the Gordon
Road property or if there was a possible buyer.
J.T. Larsen replied that there was a buyer under contract. At this time the plan for the
property was a small office with warehouse space. A common prototype for the
proposed design would be the offices on Judges Road.
Walter Conlogue asked about the parcel on Judges Road that Mr. Larsen was referring to
and what classification did the office warehouses fall into.
Dexter Hayes replied that they were classified as I-1 Light Industrial with a mixed use of
distribution, office and warehouse.
Walter Conlogue questioned if you could do the same with an O&I Office and
Institutional classification.
Dexter Hayes responded that it would have to be classified as I-1 Light Industrial in order
for this to occur.
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David Girardot concurred with the Staff findings of a transitional classification of O&I
for the 6620 Gordon Road property. He replied that an O&I classification fits the
neighborhood and adjacent properties.
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Frank Smith asked the Staff about the difference between classifications I-1 and O&I in
set back and buffers.
Baird Stewart replied that I-1 has a side yard set back of 3.08 times the building height
with a minimum of 35 ft. set back. For a one story building I-1 would require a 35 ft set
back with a 20 ft. buffer. A two-story building would require a 60 ft set back and so on.
Frank Smith asked if the requirements were greater in 1-1 or 0&1.
Baird Stewart responded that I-1 was greater in set backs then 0&1. O&I has a side yard
set back of 2.75 times the building height.
Frank Smith expressed concerns that O&I would perpetuate more intense traffic than an
I-1 district due to the office use of an O&I classification.
Dexter Hayes respgnded that with an O&I classification there would be different traffic
characteristics with peak hours of intensity.
Frank Smith expressed that he did not feel that there should be a concern about this
zoning pattern expanding further west along Gordon Road.
Dexter Hayes clarified the issue of Staff's focus on this matter. The main issue was
j whether to include this lot or not include this lot as transitional. This parcel of land was
directly across from the entrance of a residential subdivision and a lot of outside
buildings could create serious eye soars for the residents. An O&I classification would be
more favorable and attractive in design for this area.
David Adams questioned if the petitioner fully understood the differences between an I-1
Light Industrial and an O&I Office and Institutional classification. He also wanted to
know the reaction of the petitioner if the Board decided upon an O&I classification for
this parcel of land.
J.T. Larsen had studied the differences between these two classifications in depth. He
replied that an O&I classification puts you in a situation that allows you very little
latitude on the uses for what he considers marketable for this area. However, I-1 Light
Industrial allows for both office and business uses.
Chairman Dull stated that he does not have a problem with office warehouse in that
location but to zone straight I-1 Light Industrial seems too intensive for the area
especially with an elderly community directly across the way. He recommended
developing a plan with a Special Use Permit that limits use.
Walter Conlogue concurred with the Chairman. An I-1 Conditional Use Permit was more
favorable than straight I-1 Light Industrial
Robin Robinson questioned Board and Staff if they should make a decision tonight or
wait for the remittance of a Conditional Use Permit.
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Chairman Dull responded that the choice should be left up to the petitioner.
J.T. Larsen responded by saying that he would reject an 0&I Office and Institutional
classification but would accept a Conditional Use Permit for I-1 Light Industrial. He also
requested continuing the item and if at all possible submitting a Conditional Use Site Plan
for next month's meeting.
Chairman Dull asked Staff if the petitioner could return next month to present his case.
Staff agreed that this would be feasible.
Frank Smith motioned to continue Agenda Item #3 for thirty days. Walter Conlogue
seconded the motion. The Board voted 6-0 in favor of continuation to next month's
meeting on April lsr at 7:00p.m.
It was noted that the petition would not be automatically approved and that the petitioner
would have to suppdrt his argument for a Conditional Use I-1 Permit to both Board and
Staff in order for a favorable finding in his case.
Item 4: Rezoning - Request by Design Solutions for Scotts Hill Hardware & Supply
Company to rezone approximately 2.0 acres of property located at 8712 Market
Street north of Futch Creek Road from R-15 Residential to CD (B-1) Conditional
Use Neighborhood Business (Z-775, 03/04).
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information.
Chairman Dull asked the petitioner to come forward.
Cindee Wolf represented the property owner in the request. She explained that Scotts
Hill Hardware & Supply Company was an on going business for over 11 years. It's
current location was at the intersection of Futch Creek Road and Market Street, which at
the present time is an existing B-1 Neighborhood Business district. Johnny Barnhill the
owner of Scotts Hill Hardware leases this space. However, in order to expand his
business he has purchased the subject property at 8712 Market Street. His proposed use
as a hardware store is permitted under the regulations of a B-1 district. With all the
clearing for the service road and new highway, this frontage property along the service
road makes it undesirable for residential use. The woman who sold Mr. Barnhill the
property still resides in the same location and is fully aware of the intentions for the front
use of the property and has no problems with it. She has also been given an easement
through the property. The plans for the subject property adhere to all the zoning
requirements. The building will even be back a little further than required from the
service road due to the existing power line near the front of the property. The look of this
store is a country neighborhood hardware store and would be very practical for the
adjacent B-1 property just to the north. This property would also serve as a great
opportunity for neighborhood type of services for all the lots that are under construction
and existing toward the south east of Market Street and the service road. The owner is
just a small businessman wanting to improve his situation by relocating his business from
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the leased location to his own property. Based upon the future status of the service road
and the proximity to the adjacent business district, all parties involved feel that this
proposal creates very little impact and is in harmony with the area as a transitional use.
Robin Robinson asked what was in the B-1 district right now to the north of the subject
property.
Cindee Wolf replied that it was rezoned about a year ago.
Baird Stewart stated that the adjacent B-1 property was currently vacant.
Cindee Wolf explained that the plans were for the same small neighborhood use as the
subject property because it was not wide enough for any large retail center.
Chairman Dull asked the petitioner if she had all the limited permitted uses for B-1
districts. He also asked if the ones that she listed on the petition were to be included as
well.
Cindee Wolf replied that with Conditional Use Permits one had to be careful. The owner
of the subject property intends to use it for his growing hardware business. However if
he retires or wants to sell the property for other uses, they have selected a group of uses
with a similarly low impact as the hardware business. She asked if there were any uses
that the Board objects too.
Chairman Dull responded not at this time.
Cindee Wolf stated that the list is a broad group of uses that she feels appropriate for the
same kind of venue and are permitted in B-1;:-•
Chairman Dull asked Staff if they have any concerns regarding the list of uses for the
subject property.
Staff felt the list was mostly compatible with the neighborhood type uses.
Frank Smith expressed concerns with a convenience store use. Chairman Dull expressed
concerns with an automobile service station use.
Cindee Wolf replied that both of these uses could be stricken from the list.
David Girardot asked the petitioner if the access road on the subject property was going
to be paved.
Cindee Wolf replied affirmatively. The access road would be paved to the point of the
service area.
David Girardot asked how the petitioner was going to drain the area without impacting
the adjacent property.
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Cindee Wolf replied that the access road would drain to the pond without any outlet
structure of any kind.
Chairman Dull asked the petitioner about the width of the access road.
Cindee Wolf replied approximately 24 ft. to allow delivery vehicle traffic. The access
road would also be slanted toward a drainage swale to carry the excess water from the
street toward the pond.
Chairman Dull asked if there were any other speakers in favor of the petition.
Johnny Barnhill, owner of Scotts Hills Hardware and Supply Company, was in favor of
the CD (B-1) Conditional Use Neighborhood Business zoning. He was a third generation
hardware business owner, which started in 1979 at a location in Monkey Junction. From
there the business had moved to Rocky Point and now to Scotts Hill. He planned to
continue in this pattern of growth and thanked the Board for their consideration in
allowing him to do so.
Jerry Barnhill, father of Johnny Barnhill, also spoke in favor of the rezoning. He
expressed his enthusiasm in helping his son's business to continue to grow. He also
thanked the Board for their time and consideration with this request.
Chairman Dull asked if there were any speakers in opposition of the petition. There were
no speakers. Chairman Dull closed the public comment segment of the hearing and
asked the Staff for their findings and recommendations.
STAFF SUMMARY:
The petitioner is requesting a rezoning of 2.00 acres of property from R-15 residential to
CD (B-1) Conditional Use Neighborhood Business. Specifically the applicant is
proposing to relocate his existing hardware store from the corner of Futch Creek Road to
this proposed location. In May 2003 approximately 10 acres adjacent and north of the
subject property was rezoned B-1 Neighborhood Business.
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 (1-140) By-Pass. In addition to the existing neighborhoods two new
subdivisions approved for more than 300 units have started developing east of the subject
property. Both subdivisions will have access to the adjacent B-1 District through a
proposed road connection. Development on the subject parcel should be coordinated with
the adjacent property owner to interconnect the associated commercial parking lots.
The subject 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 L,
and recreational resources. The resource protection classification does not preclude
commercial development and no County regulated resources have been identified onsite.
Several measures have been taken on nearby properties to protect the Finch Creek
watershed. The existing County storm ater management regulations combined with the
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state water quality requirements for commercial development should minimize impacts
on the watershed. Other policies in the Comprehensive Plan support establishing
commercial services in close proximity to the markets they serve.
As construction of the (I-140) 17 By-Pass commences, staff expects new subdivision
proposals for several large acreage tracts in this area. The combination of new
development with the extension of water and sewer services may result in multiple
rezoning requests along this service road. 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 the Porters Neck Road Intersection provides adequate services for the
region, therefore, establishing another regional node at this new intersection and along
the service road is unnecessary. Staff recommends that the Board establish a policy to
avoid commercial zoning continuing down this service road and limit this new
intersection to neighborhood services. Establishing this Conditional Use Zoning District
is consistent with the purpose of Conditional Use zoning which is intended for use
between zoning districts of very dissimilar character where a particular use with
conditions and safeguards can create a more orderly transition. This Conditional Use
District can be used to define the limits of the commercial zoning along the service road.
Staff Recommends Approval.
Preliminary Staff Findings
I. 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 Ogden VFD.
B. Proposed access to the site is from Market Street. Market Street is classified as an
Arterial Road.
C. The site is served by a private well and septic.
2. The Board must find that the use meets all required conditions and
specifications of the zoning ordinance.
A. The proposed hardware store is permitted within the B-1 District. Other uses listed on
the site plan are also permitted by right or by special use permit in the B-1
Neighborhood Business District.
B. A site plan meeting the setback and buffer requirements of the ordinance has been
submitted and reviewed.
C. Inter-connectivity with the adjacent commercial district to the north is shown on the
site plan.
D. The proposed Hardware Store contains 12,800 s.f. with 32 associated parking spaces.
E. The proposed site plan accommodates the Setbacks and Signage in accordance with
the Special Highway Overlay District.
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.
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A. The subject property is in close proximity to a developing intersection, which will
likely have a significant volume of traffic after the By-Pass is completed.
B. The subject property is adjacent to an existing B-1 Neighborhood Business District
C. Landscaping and buffering can be accommodated to protect adjoining residential
properties.
D. No evidence has been presented that the proposed project will negatively affect
adjoining 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 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 resoutces. The Resource Protection class has been developed in
recognition of the fact that New Hanover County, one of the most urbanized counties
in the State, still contains numerous areas of environmental or cultural sensitivity
which merit protection from urban land uses.
B. Clearing for the construction of (I-140) 17 By-Pass has begun.
C. There is a significant amount of residential development proposed and under
construction nearby. [
Recommended Planning Staff Conditions:
1) Development should be coordinated with the adjacent commercial district to ensure
inter-connectivity.
2) SHOD sign requirements shall apply.
Chairman Dull asked the Board for their comments and recommendations. Since the
Board had no comments, Walter Conlogue moved to recommend rezoning the parcel to
CD (B-1) Conditional Use Neighborhood Business as modified excluding convenience
store and automotive service station use. David Adams seconded the motion.
Chairman Dull asked the petitioner to describe the architectural theme for the building on
the subject property.
Cindee Wolf stated that it would be similar to the convenience store at the intersection of
Porters Neck Road. It would have a neighborhood low country theme or a general store
look
Chairman Dull asked Mr. Conlogue to amend the motion to include the Low Country
Architecture theme, which then was unanimously approved by the Board.
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Other Items of Business:
Sam Burgess gave an update on the Technical Review Committee's activity during the
month of February 2004. Mr. Burgess stated that the committee met during the later part
of February, at which time five projects were reviewed and approved. Three projects that
were discussed at length included an extension to the Myrtle Landing subdivision, a site
plan approval at Plantation Landing subdivision and an adjustment to Grayson Park. Mr.
Burgess advised the Board that the next Technical Review Committee meeting was
scheduled for March 10, 2004.
In other business, Dexter Hayes recognized Debbie Grymes for her time and hard work
with the Planning Department. She would be moving back to the Finance Department
and would be greatly missed. Frank Smith asked if there had been any discussion about
the work session with the County Commissioners regarding the Capital Facilities Review
Process. Dexter Hayes responded that it is his understanding that they were in the
process of creating,a refined draft based on the comments made at the meeting. The final
draft should be ready before next months meeting.
Being no further business, Chairman Dull moved to adjourn the meeting. Mike Keenan
seconded the motion, which the Board unanimously approved. The meeting adjourned at
8:30 p.m.
Dexter Hayes, Planning D rector
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