200408 Aug PBM
MINUTES OF THE
NEW HANOVER COUNTY PLANNING BOARD MEETING
August 5, 2004
The New Hanover County Planning Board met Thursday, August 5, 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 Baird Stewart, Senior Planner
Robin Robinson Sam Burgess, Planner
Frank Smith Linda Keough, Administrative Secretary
Sandra Spiers Holt Moore, Assistant County Attorney
Members Absent:
David Adams
David Girardot
Sue Hayes
Vice Chairman Walter Conlogue opened the meeting by welcoming the audience to the
public hearing. Sam Burgess led the reciting of the Pledge ofAllegiance to the Flag.
Vice Chairman Conlogue proceeded by stating that Agenda Item #6 Subdivision Appeal
will not be heard at this meeting. Vice Chairman Conlogue added that he is Chairman of
the Technical Review Committee and would not be voting on the item. Therefore there
would not be a quorum present at this meeting to vote on the item.
Vice Chairman Conlogue stated that the applicant, Cindee Wolf of Design Solutions, has
requested that Agenda Item #4: Rezoning be postponed to the next Planning Board
meeting. Frank Smith made a motion to continue this item to the September 2°d Planning
Board meeting. Robin Robinson seconded the motion. Board voted 4-0 in favor of the
motion.
The Board agreed to postpone approval of the minutes of the July meeting until next
month since only one of the Board members present attended the July meeting.
Item 1: Rezoning: Request by Denise Lee to rezone approximately 1.47 acres of
property located at 8263 Market Street behind the Porters Neck Shopping Center
from B-1 Neighborhood Business to B-2 Highway Business (Z-780, 08/04).
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information.
The applicant, Denise Miller Lee explained that the majority of the adjacent properties
and nearby properties are zoned B-2, therefore this property is no longer a transitional
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area from residential. She also stated that the surrounding property owners do not have a
problem with the rezoning request.
Ronnie Williams, residential tenant at the property next to the subject property, stated
that he does not have a problem with the rezoning request.
Baird Stewart stated that he did receive a letter from one adjacent property owner, Mr.
Scarafoni, who is located in front of the subject property and is opposed to the rezoning
request.
STAFF SUMMARY:
The petitioner is requesting a B-2 Highway Business Rezoning. The subject site is
adjacent to and behind the Porters Neck Shopping Center, which is, zoned both (B-1)
Neighborhood Business and (B-2) Highway Business. The remaining parcels
surrounding the subject property that are not part of the shopping center are zoned R-15
Residential. One of these adjacent parcels is used for a stormwater management pond
that serves at least part of the shopping center.
Access to the site is proposed through the private access roads on the shopping center
property. The primary access point on Market Street across from Porters Neck Road has
a traffic signal allowing for safe traffic movement in and out of the property. This area is
just south of the I-140 interchange. Some improvements to this intersection, which are
associated with the I-140 interchange, have already been made.
The subject property was rezoned to B-1 Neighborhood Business in March 2000. At that
time the applicant requested a rezoning to B-2 Highway Business and at the
recommendation of the Staff changed the request to B-1. The staff recommendation was
based on a concern for providing a transition into the surrounding residential area while
still allowing for commercial shopping facilities. At that time Staff also recommended
rezoning the adjacent parcel number 3 on the location map. It is clear that both parcels
will end up with commercial uses and either B-1 or B-2 zoning is appropriate.
However, the greatest concern for development on these parcels is their proximity to a
necessary extension of the 5 mile long unimproved Plantation Road right of way.
Additional zoning changes at this location should provide for that western connection.
Frank Smith asked staff about Mr. Scarafoni's concerns. Baird Stewart replied that he
thought Mr. Scarafoni's primary concern was the access. Mr. Stewart stated that the
primary access to this property is through private property. Frank Smith asked if the
property owner could restrict access. Holt Moore, County Attorney replied that he could
if it is private property but asked staff if there is an easement on the property. Mr.
Stewart replied that he was not sure about the easements but felt that the main concern
should be if this is the appropriate zoning designation for the property. Mr. Stewart
explained the permitted uses for B-2 compared to B-1 zoning.
Vice Chairman Conlogue asked the applicant if the main reason for the rezoning request
is to allow the current tenant to park a vehicle on the property. Ms. Lee replied stating
that the current tenant is a landscape contractor who cannot park his vehicles at this
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location under the current zoning. The tenant would like to park at least one vehicle at
this location. Ms. Lee added that there is a deeded access easement through the property.
Frank Smith inquired about the minimum property size requirements for B-2 district and
road frontage. Baird Stewart stated that this property meets all of the requirements and is
contiguous with an established B-2 District.
Sandra Spiers asked if the current uses for the plaza are B-1 or B-2. Baird Stewart
replied that the current uses are commercial which fall under B-1 or B-2 zoning.
Frank Smith asked if there were any agreements between Ms. Lee and the owner of the
plaza when she purchased the property. Ms. Lee replied that the only agreement was to
keep the architectural design similar to the existing plaza.
Vice Chairman Conlogue stated that his only concerns were with the access.
Robin Robinson made a motion to approve the Rezoning request. Sandra Spiers
seconded the motion. The Board voted 4-0 in favor of the motion.
Item 2.: Rezoning - Request by Shellington Properties Inc. to rezone approximately
3.72 acres of property located in the 6500 block of Gordon Road from R-15 & R-10
Residential to O&I Office and Institutional (Z-781, 08/04).
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information.
James Wicker, owner of Shellington Properties Inc provided handout material for the
Board members. Mr. Wicker explained that this property is in transition and the homes
in the area are older homes. He stated that the houses were built in 1958-1961 and most
are rental homes.
STAFF SUMMARY:
The subject property is comprised of three existing parcels totaling approximately 3.72
acres and is located on the south side of Gordon Road, approximately 3/4 of a mile from
Market Street. In 1972 when zoning was established in the area the only commercial
zoning on Gordon Road was a small business district at the intersection of Gordon and
Market. Since that time, the Industrial zoning established for Dutch Square has expanded
along the south side of Gordon Road and has been developed with a variety of uses
including convenience service stations, office and institutional uses and industrial uses.
The commercial districts on the north side of Gordon Road around Market Street are
typically found in established neighborhoods. These more intense zoning classifications
and land uses generally stop approximately '/2 mile from Market street and transition into
residential type uses. Recently the Board approved a Conditional Use I-1 Light Industrial
Office park adjacent to and east of the Gresham Place Apartments, which was presented
as a straight rezoning and then modified to a conditional use rezoning primarily to
establish a commercial/industrial boundary and to protect the nearby residents. The
subject parcels are beyond this established boundary. Although there is a large vacant 13-
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2 Highway Business District located at the intersection of I-40 and Gordon west of the
subject property, the Gordon Road corridor has and should remain a residential corridor.
The subject property is within the urban growth boundary and is classified as developed
by the Comprehensive Plan. However, several policies in the comprehensive plan
discourage the striping out of our major corridors. Staff is concerned that approving an
O&I Office and Institutional District in this location will establish a precedent for
commercial or office uses on similar properties along the entire Gordon Road corridor.
Therefore, Staff Recommends Denial.
Frank Smith expressed his concerns for recommending approval to a straight rezoning
from residential to O&I without a specific site plan and the possibility of setting a
precedent for future rezonings down the road.
Robin Robinson asked if staff heard from residents in nearby subdivisions such as
Mission Hills or Wyck Farm. Baird Stewart replied that he did not hear from residents in
those particular subdivisions. Mr. Stewart stated that he did hear from an individual who
is developing residential lots nearby and that he did not have strong feelings either way
regarding this rezoning request. Mr. Stewart added that he also heard from the owner of
a lot caddy corner to the subject property who is also interested in rezoning his property.
Vice Chairman Conlogue stated that he agreed with Mr. Smith suggesting that the
applicant withdraw his request and possibly meet with the Planning Department to come
up with a specific plan for a special use or conditional use.
Mr. Wicker stated that he is not planning to develop the property at this time and would
like to withdraw and come back at a later time.
Robin Robinson made a motion to allow the applicant to withdraw the rezoning request.
Sandra Spiers seconded the motion. The Board voted 4-0 in favor of the motion.
Item 3. Rezoning - Request by Design Solutions for Arnold Henegar to rezone
approximately 1.12 acres of property located at 6813 Gordon Road from R-15
Residential to B-2 Highway Business (Z-782, 08/04).
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information
Cindee Wolf of Design Solutions stated that the reason for the request is simply for
housekeeping purposes since the property is totally surrounded by B-2 zoning.
STAFF SUMMARY:
The subject property is approximately 1.12 acres and is located on the north side of
Gordon Road, less than 500 feet from Market Street. The area is classified as Developed
by the Comprehensive Plan and is within the Urban Growth Boundary. All of the
surrounding properties are zoned commercial. In 1995 when parcels noted as 1 & 2 on
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the site map were rezoned, staff recommended rezoning the subject parcel. Based on the
consistency with the surrounding land use, zoning, and the land classification Staff
Recommends Approval.
Robin Robinson made a motion to recommend approval of the rezoning request. Sandra
Spiers seconded the motion. The Board voted 4-0 in favor of the motion.
Item 5. Rezoning - Request by Design Solutions for Haywood Watters to rezone
approximately 7.78 acres of property located at 5807 Murrayville Road on the north
side between North College and I-40, from R-15 Residential to R-10 Residential (Z-
784, 08/04).
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information.
Cindee Wolf of Design Solutions explained that property is in transitional part of the
county and with the urban services available it would be more appropriate for an R-10
development.
Vice Chairman Conlogue asked staff if lots north and northwest of subject property are
mobile homes. Cindee Wolf and staff replied that those properties are zoned R-15 and is
the Port O'Pines Mobile Home Park.
Bob Small, 5911 Murrayville Road, stated that he is not opposed as long as there are
water and sewer facilities available for a development of this size. Staff replied that there
is water and sewer available. Cindee Wolf added that they would extend sewer lines
down Murrayville Road.
STAFF SUMMARY:
The subject property is approximately 7.78 acres and is located on the north side of
Murrayville Road between College Road and I-40. The subject property is bounded on
two sides by the Port O'Pines Estates mobile park which was approved in the early
1970's for more than 100 units. The R-10 District across Murrayville Road from the
subject property was established in 1980 and was developed as the Bent Tree
Subdivision.
The applicant is requesting a rezoning from R-15 Residential to R-10 Residential which
would yield approximately six additional units. The property is located in the Urban
Transition Land Classification and is within the Urban Growth Boundary. Public water
and Sewer are available nearby. Policies in the Comprehensive Plan state that the
purpose of the urban transition classification is to provide for future intensive urban
development and densities can exceed 2.5 units per acre when adequate public facilities
are available. Based on the consistency with the comprehensive plan policies and the
consistency with surrounding land uses, Staff Recommends Approval.
Robin Robinson made motion to recommend approval of the rezoning request. Sandra
Spiers seconded the motion. The Board voted 4-0 to approve the motion.
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Other Items of Business
Sam Burgess gave an update on the Technical Review Committee's activity during the
month of July 2004.
The TRC reviewed two performance residential developments:
1. Willow Glen at Beau Ravage with approximately 530 units.
90 single family homes, 104 town homes, 48 condominiums, 288 apartment
units with private water and sewer
TRC Approved by 4-0 vote with 4 requirements:
1. Emergency access road to Willow Glen Drive
2. Adequate water pressure connection for fire hydrants approved by Fire
Department
3. TIA Study (Transportation Study after 144 units are constructed)
4. A collector road built within the apartment complex to alleviate traffic
safety concerns
2. West Bay Estates -Phase V preliminary extension request for 173 lots
Final plat approval for 133 lots with County water and sewer has already
taken place.
Issues of concern at the time of TRC review were water capacity and road
adjustments based on the Military Cut-off Extension proposal.
Mr. Burgess stated that this project would be going back to the TRC on
August 11"' for further review adding that the above items of concern have
been resolved.
Being of no further business, Sandra Spiers made a motion to adjourn the meeting.
Robin Robinson seconded the motion, which the Board unanimously approved. The
meeting adjourned at 8:30 p.m.
Dexter Hayes, Planning Director
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