200405 May PBM
MINUTES OF THE
NEW HANOVER COUNTY PLANNING BOARD MEETING
MAY 6, 2004
The New Hanover County Planning Board met Thursday, May 6, 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:
Walter Conlogue, Vice Chairman Dexter Hayes, Planning Director
David Girardot Baird Stewart, Senior Planner
Frank Smith Sam Burgess, Planner
David Adams Linda Keough, Administrative Secretary
Robin Robinson Holt Moore, County Attorney
Members Absent
McKinley Dull, Chairman
Michael Keenan
Vice Chairman Walter Conlogue opened the meeting by welcoming the audience to the
public hearing. Sam Burgess led the reciting of the Pledge of Allegiance to the Flag.
( Vice Chairman Conlogue proceeded with the approval of the minutes. Vice Chairman
Conlogue asked the secretary which minutes needed to be approved. Secretary
responded stating that the February, March and April minutes still need approval. Robin
Robinson moved to recommend approval of the February, March and April minutes.
David Girardot seconded the motion. The Board approved February, March and April
2004 minutes by a vote of 5-0. -
Vice Chairman Conlogue explained that the agenda consists of five items and requested
that comments be limited to ten minutes from each side due to the number of people in
the audience.
Vice Chairman Conlogue proceeded with the first hearing item.
Item 1: Rezoning (Continued Item): Request by Sonja Powell to rezone
approximately 4.0 acres of property located at 4133 Blue Clay Road on the eastern
corner of Blue Clay Road and Juvenile Center Drive from R-15 Residential to I-1
Light Industrial (Z-776, 04/04)
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information.
Larry Powell, petitioner's husband, circulated copies of a site plan for the project to be
developed and explained that it consists of only 25% of the total acreage. Mr. Powell
provided an overview of the total acreage and explained the proposed plan. Mr. Powell
stated that this project would have a low impact on the residential community.
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Jim Vithalani, P.E. of Right Angle Engineers stated that this office project would be in
line with what exists in this area. They have already made all of the necessary permit
applications.
Nadine Brimage, resident of adjacent property, stated that the definition for I-1 zoning in
Section 56 states that no I-1 district shall be less than five acres emphasizing that the
Powell's property is four acres. Ms. Brimage expressed her concerns on possible
development of the frontage acreage into a convenience store and the installation of gas
pumps causing gas fumes. She also stated her concerns regarding drainage, lighting, and
security.
Glen Burleson, of 4207 Blue Clay Road, expressed his concerns regarding future
development of the property.
Jim Vithalani, P.E. explained that regarding the driveway and stormwater concerns a 24"
drainage pipe is shown on the site plan. At this time the County Engineering Department
is reviewing the plan and applications. Mr. Vithalani stated that they would increase the
drainage if it were necessary.
STAFF COMMENTS:
Dexter Hayes, Planning Director reviewed the staff comments stating that the applicant
revised the rezoning request from Heavy Industrial to Light Industrial as recommended
by Staff. The Board originally voted 3-3 on a motion to approve the I-1 Light Industrial.
Ultimately the Board reconsidered that action and voted 6-0 to continue the item to allow
the petitioner an opportunity to discuss the proposal with the neighbors. Staff has
received a letter stating that the applicant is prepared to move forward with the request.
The uses permitted in the I-1 Light Industrial District are more compatible with smaller
parcels, where Industrial flex space, professional offices, contractors, or retail services
might locate. Staff recommends rezoning to I-1 Light Industrial as stated in the previous
staff summary.
Frank Smith asked about the previously submitted site plan. Baird Stewart replied that
they should not be looking at that site plan since this is a straight rezoning request not a
conditional use.
David Girardot asked about the setback and buffer requirements.
Dexter Hayes responded by explaining the setback and buffer requirements are based on
the size of the structure. The larger the structure the greater the setback requirements. In
addition, half of the setback has to be used for buffering. He added that there is
vegetation and mature trees along the back of the property line.
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Baird Stewart stated that a 12' high building would require a 37' setback and 20' buffer
on the side and a rear setback of 52' with a 26' buffer and would apply to where the
property is adjacent to residential.
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Robin Robinson stated that this request is inline with the existing area and the natural
vegetation along the property line should provide adequate buffer. Robin Robinson
moved to approve the rezoning request. David Adams seconded the motion.
The Board voted 3-2 in favor of the motion, with David Girardot and Frank Smith
opposed. The item will be heard at the June 7, 2004 County Commissioner's meeting.
Item 2: Special Use Permit: - Request by Inland Harbour Properties LLC for a
Special Use Permit to operate an Indoor/Outdoor Recreation Establishment and
Child Daycare in an R-20 Residential District located at 3102 Middle Sound Loop
Road (5-515, 05/04)
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information.
Grady Richardson, Attorney for Inland Properties, LLC presented a colored handout for
each Board member and explained that Whisper Park Drive is the main entrance to the
facility. Mr. Richardson stated that the special use application satisfies all the
requirements and does not feel that the proposed project would constitute any material
endangerment to the community. He explained that he did not foresee any traffic
congestion since the heavy hours of business would be off peak hours and when the
children out of school. He stated that the plan is in harmony with the area and would not
j endanger the surrounding neighborhood.
Chris Johnston, adjacent property owner directly behind the proposed daycare, stated that
he feels that this is a good project and the impact on future property value is positive.
Rick Feene stated that he is satisfied with the project and feels that it is harmonious with
the neighborhood.
David Jones, adjoining property owner and engineer, stated that the project would be an
asset to the area and would improve the value of his home and adjoining properties.
Vice Chairman Conlogue requested those opposing the request to sign in.
Paul Marlow, resident of Middlepoint subdivision, stated his concerns regarding traffic
access and egress, parking, drainage, noise and alcoholic beverage sales. He also stated
that the majority of residents in the area do not support the project. Mr. Marlow was
concerned about the parking if more than one function took place at the same time. He
also stated that there is no natural vegetation to buffer sound.
Tom Landis, of Middle Sound Loop Road, provided the Board with a list of ten proposed
restrictions for the Demarest Swim Club special use permit to be placed in public record.
Mr. Landis read the proposed list of restrictions to the Board members.
Jan VanHoesen, a Middlepoint subdivision resident, stated his concerns regarding
wetlands, the two school pickups, quietness on weekends, activity proposed for the
second floor, and size of the workout area in the fitness center. Mr. VanHoesen stated
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that he is also a member of the HomeOwner's Association. He is concerned about
sidewalks and sprinkler systems of the proposed property.
Vice Chairman Conlogue allowed the petitioner time for rebuttal.
Grady Richardson stated that he grew up in Wilmington and has a great deal of interest in
the area. He addressed the parking concern explaining that the proposed 52 spaces for
the swim club and day care in addition to the 56 spaces in Demarest Village Park as well
as the Harlen Dale Drive public road should be adequate. Therefore he does not foresee
parking problems.
Mr. Richardson also stated that New Hanover County has a noise ordinance, which is
enforced by the County. A 9:00 a.m. restriction is not proposed because children will be
in school. He further stated that there is an 11:00 p.m. restriction and that the proposed
project includes 42" bollard cap down reflective lighting.
David Adams asked staff about the adjacent property's parking and if the staff feared an
overflow of parking.
Dexter Hayes, Planning Director stated that the street has a public right of way which
would permit parking.
David Adams stated that he is concerned with the possible overlap of traffic in the a.m.
and concerned about traffic coming in and out both in the a.m. and p.m.
Grady Richardson stated that swim meets are not going to happen every day but they are
prepared with adequate parking when they take place.
Tom Landis stated his concern on the traffic issue and asked for an explanation of
additional space for future development.
PRELIMINARY STAFF FINDINGS OF FACT:
Dexter Hayes, Planning Director, explained that the Planning Board could recommend
conditions to the use. Mr. Hayes reviewed the requirements that have been met.
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 Ogden VFD.
B. The site is served by a city water system and County Sewer.
C. Stormwater management can be accommodated within the Stormwater management
system for Demarest Village.
2. The Board must find that the use meets all required conditions and specifications of the
zoning ordinance.
A. A site plan which meets the requirements of the zoning ordinance has been
submitted.
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B. Adequate landscaping and buffering can be accommodated to protect adjoining
j residential uses from lights and noise.
C. The project meets all setback and access requirements.
D. The site has frontage on Middle Sound Loop Road (SR 1043), which is designated as
a collector road on the New Hanover County Thoroughfare Classification Plan.
Access to the site is from Harlendale Drive (SR 1979) and from Whisper Park Drive
(private R/W).
E. Adequate parking is provided to accommodate the proposed uses. Drop-off and
turnaround access is provided for the Daycare Facility.
F. A fenced play area will be provided on the north side of the buildings designated for
the daycare.
G. The Daycare shall be constructed and operated in accordance with the General
Statutes of the State of North Carolina and any other applicable Federal, State or
local codes.
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. To date no information has been presented that the proposed Recreation Facility and
Child Daycare Center will injure the value of adjoining or abutting property.
B. The proposed Indoor/Outdoor Recreation Facility will provide residents of Middle
Sound a recreational option that is otherwise not available nearby.
C. Daycare Centers are operated in neighborhoods and residential lots throughout the
County. Other Daycare Centers are operated in Middle Sound.
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 proposed development style is consistent with other upscale neighborhoods
within Middle Sound.
B. The site is classified as resource protection by the New Hanover County
Comprehensive Plan and is within the urban growth boundaries. The purpose of the
Resource Protection class is to provide for the preservation and protection of
important natural, historic, scenic, wildlife and recreational resources. Within the
urban services boundary, residential densities greater than 2.5 units per acre may be
considered for exceptionally designed projects
Robin Robinson asked who the intended patrons would be.
Grady Richardson replied that the patrons would be the residents of the nearby
subdivisions. DOT will be expanding Middle Sound Road with 4' wide bike paths.
David Girardot stated that sound systems sometimes are extremely loud.
Grady Richardson re-emphasized that the NHC noise ordinance would apply to this area
for enforcement.
Holt Moore, Assistant County Attorney, stated that he was not familiar with a special
permit application allowing any exceptions to the County noise ordinance.
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Grady Richardson provided copies of the proposed DOT road improvement schedule.
David Girardot asked about the proposed lighting and the drop off location for day care.
Grady Richardson replied that the parents would enter on Whisper Park, turn right and
drop off the children at the sidewalk.
David Adams asked if the success of this business is based on swim meets.
Grady Richardson replied that it is not.
Robin Robinson asked if there are other swimming and daycare facilities in the area
receiving a reply that there are no other facilities close by.
Frank Smith stated that 75% of the County's land use policies addresses these issues. He
further stated that he did not think a lot of people outside of Middle Sound would attend
the facility with a six-lane pool.
There was concern from the audience regarding swim meets and the possibility of having
six teams at one time.
Frank Smith stated that the traffic for these events could be controlled by placing
restrictions on the swim meets. Mr. Smith went through the proposed list of restrictions
with the following comments:
6. Restrictions on the sale or consumption of alcoholic beverages should be
mandatory. This can be crossed out.
7. To prevent disruption of the surrounding neighborhoods and to reduce
traffic congestion pool hours should be restricted to 9 am to 9 pm. He asked if the
developer and applicant had a problem with restricting times.
8. Lighting should be environmentally friendly in such a manner as to
preserve the existing night sky. He stated that this has been addressed with the down
lighting.
Grady Richardson suggested having the facility opened until 10 p.m.
Robin Robinson suggested having the facility opened from 6:00 a.m. until 9:00 p.m.
Frank Smith stated that they could restrict the sale of alcoholic beverages and that he
feels that the parking is adequate as long as swim meets are restricted to intraclub or one
visiting team.
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Robin Robinson asked if the applicant would have to come back to the Board for future
development.
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Dexter Hayes and Baird Stewart replied that the applicant would be required to come
! back before the Planning Board for future development that is not permitted by right in
the R-20 district.
Frank. Smith asked how someone designates a "no parking" zone receiving a reply that a
petition to DOT is required. Mr. Smith recommended that the developer assist in
developing a "no parking" zone.
Frank Smith moved to approve the special use permit request with the following
conditions:
1. The facility be restricted to intra club or a maximum of two teams for swim meets
2. Restriction to prohibit sale of alcohol
3. Hours of operation 6 a.m. until 10:00 p.m.
4. Lighting scheme should be all indirect and faced downward as illustrated on the
plan
David Adams commended Grady Richardson and Scott Stewart for their presentation.
He stated that he still had some concerns regarding traffic but feels that they have been
addressed and recognizes the benefits of the project.
Robin Robinson also commended Mr. Richardson and Mr. Scott Stewart for their
presentation further stating that she recognizes that the intended purpose of the project is
! for a good purpose and feels that all concerns have been adequately addressed.
Motion was seconded by David Adams. The Board voted 5-0 in favor of the motion.
The item will be heard at the June 71 2004 County Commissioner's meeting.
Vice Chairman Conlogue requested a five-minute break at 9:10 p.m. and called the
meeting back to order at 9:15 p.m.
Item 3: Special Use Permit: - Request by David Welch for Myoko Russ for a
Special Use Permit to locate a Residential Duplex on a 20,000 + square foot lot in an
R-10 Residential District located at 4913 Red Heart Drive near Silver Lake. (5-516,
05/04)
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information. He explained that the owner built a two-story garage
with an apartment attached to an existing home. He explained that this change requires a
special use permit for the duplex.
PRELIMINARY STAFF FINDINGS OF FACT:
1. The board must find that the use will not materially endanger the public health or
safety if located where proposed and developed according to the plan as submitted
and approved.
A. The subject property is located within the Myrtle Grove VFD.
B. The site has access to Red Heart Drive which is a public right-of-way.
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C. The site is served by City Water and County Sewer.
D. The proposed duplex is a garage apartment attached to the main structure of an
existing home.
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 24,000 s.f.
B. Duplexes are permitted by special use permit in the R-10 Residential District
provided the lot is a minimum of 15,000 s.f.
C. The applicant has applied for all of the applicable County building permits.
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. Many homes in the area have garages and car ports. The applicant is constructing an
attached garage with an apartment, which by definition is considered a duplex.
C. 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. i `
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."
The proposed duplex is a garage apartment attached to the main structure of an existing
home. The subject parcel is within the R-10 Residential Zoning District and is
approximately 24,000 square feet. Duplexes are permitted by special use permit in the R-
10 Residential District provided the lot is a minimum of 15,000 square feet.
The applicant has applied for all of the applicable County building permits. Many homes
in the area have garages and carports. No evidence has been presented to indicate that
the proposed use will injure property values.
The New Hanover County Comprehensive Plan classifies the site as Developed. The
propose of the developed class is to provide for continued intensive development and
redevelopment of existing urban areas. 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".
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Several Board members requested that staff address this special use requirement and
make appropriate changes.
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David Girardot moved to approve the special use permit. Robin Robinson seconded the
motion. The Board voted 5-0 in favor of the motion. This item will be heard at the June
7, 2004 County Commissioner's meeting.
Item 4: Special Use Permit - Request by Vicki Broussard for a Special Use Permit
to operate a Child Daycare Facility for 12 children in an R-10 Residential District
located at 602 Shawnee Trail near Silver Lake. (S-517, 05/04)
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information.
Vicki Broussard, applicant, stated that she is currently operating a day care and
requesting the special use permit to allow her to increase the daycare to twelve children.
David Welch, neighbor, stated that he has never seen any problems pertaining to Ms.
Broussard's existing daycare facility.
PRELIMINARY STAFF FINDINGS OF FACT:
1. The board must find that the use will not materially endanger the public health or
safety if located where proposed and developed according to the plan as submitted and
approved.
j A. The subject property is located within the Myrtle Grove VFD.
B. The site has access to Shawnee Trail which is a public right-of-way.
C. The site is served by City Water and County Sewer.
D. The proposed use will occur in an existing home that is currently used as an in-home
daycare for less than 5 children.
2. The Board must find that the use meets A required conditions and specifications of the
zoning ordinance.
There is sufficient space for parking for 1 employee and 4 off street spaces.
There is an area designated for pick up and drop off with ingress and egress provided in a manner
to provide access without backing onto the public right of way.
There is an existing fenced play area.
Outside signs for the facility shall not exceed 2 square feet. No sings are proposed
Operation of the facility shall comply with the provisions of the General Statutes of the State of
North Carolina and other applicable federal state or local codes.
No new buildings are proposed.
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.
B. Child daycare facilities are permitted by special use permit in all residential districts.
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.
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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. Several policies in the comprehensive plan support establishing programs for elderly,
special needs, and children.
Robin Robinson moved to approve the special use request. David Girardot seconded the
motion. The Board voted 5-0 in favor of the motion. This item will be heard at the June
7, 2004 County Commissioner's meeting.
Item 5: Special Use Permit: - Request by Alltell Communications, Inc, for a Special
Use Permit to locate a 15' x 17' wireless equipment compound associated with the
collocation of a cellular/PCS antenna on an existing electric pole in a B-1
Neighborhood Business District located at 4126 South College Road (5-518, 05/04)
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related itrformation.
Bill Howard. Alltel Communications, stated that he is asking for a special use permit in
lieu of building a new tower due to the increasing demands. He stated that a fenced
equipment compound would be constructed adding that no personnel or lighting will be
on this site.
PRELIMINARY STAFF FINDINGS OF FACT:
1. The board must find that the use will not materially endanger the public health or
safety if located where proposed and developed according to the plan as submitted and
approved.
A. The subject property is located within the Myrtle Grove VFD.
B. Access to the site is from South College Road, which is classified as an Arterial
Road.
C. The proposed 15'X17' equipment compound will service cellular and PCS antennas
which will be located on a nearby CP&L Power Pole.
D. Dependable wireless service coverage is important during emergency situations.
2. The Board must find that the use meets all required conditions and specifications of the
zoning ordinance.
A. The site is zoned B-1 Neighborhood Business.
B. Communication facilities including towers are permitted by Special Use Permit
within B-lZoning Districts.
C. A fence and landscaping are proposed to shield the proposed equipment compound
from view.
D. All setbacks and buffering can be accommodated.
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 values.
B. Additional cellular service is important in emergency situations.
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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. Collocation of Cellular and PCS antennas on the power poles is preferable to the
"proliferation of telecommunication towers."
Robin Robinson moved to approve the special use request. David Girardot seconded the
motion. The Board voted 5-0 in favor of the motion. This item will be heard at the June
7, 2004 County Commissioner's meeting.
Other Items of Business:
Sam Burgess gave an update on the Technical Review Committee's activity during the
month of April 2004.
Mr. Burgess stated that the committee met to discuss two projects in the month of April.
Originally the Vineyard Plantation project was approved with public roads to serve the
project. In April, the developers of Vineyard Plantation requested that the roads be
redesignated from public to private. The TRC voted to redesignate the roads from public
j to private only for the lots north of Futch Creek Road. Mr. Burgess stated that the TRC
and Planning Staff encourage the use of public roads.
Mr. Burgess also stated that the TRC met to discuss Covil Crossing. The TRC voted to
approve the 63 lot project requesting that the developer follow up with DOT to determine
whether changes needed to be made with the existing driveway permit.
Dexter Hayes informed the Board that the Board of County Commissioners advertised for
appointments for Citizen's Advisory Committee for the County Land Use Plan Update
and that the Planning Board will also need to make appointments.
Robin Robinson moved to appoint Frank Smith to serve on the Citizen's Advisory
Committee for the County Land Use Plan Update. David Adams seconded the motion.
The Board voted 5-0 in favor of the motion.
Being no further business, David Adams moved to adjourn the meeting. Robin Robinson
seconded the motion, which the Board unanimously approved. The meeting adjourned at
9:50 p.m.
Dexter Hay s, Planning rector
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