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NOVEMBER 5 2020 PB MINUTES - APPROVED 1 | P a g e Minutes of the New Hanover County Planning Board November 5, 2020 A regular meeting of the New Hanover County Planning Board was held on November 5, 2020 at 6:00 p.m. in the New Hanover County Historic Courthouse, 24 North Third Street, Room 301 in Wilmington, North Carolina. Members Present Staff Present Donna Girardot, Chair Ken Vafier, Planning Manager Jeffrey B. Petroff Brad Schuler, Senior Planner Colin J. Tarrant Rebekah Roth, Senior Planner Ernest Olds Gideon Smith, Current Planner Ron Meredith, Current Planner Marty Little, Long Range Planner Sharon Huffman, Deputy County Attorney Chair Donna Girardot called the meeting to order at 6:00 p.m. Planning Manager Ken Vafier led the Pledge of Allegiance. Chair Girardot read the procedures for the meeting and welcomed the audience. Approval of Minutes Minutes from the October 1, 2020 Planning Board meeting were presented to the members. No changes or amendments were identified. Board Member Ernest Olds made a MOTION, SECONDED by Board Member Jeffrey Petroff to APPROVE the minutes as drafted. Motion to approve minutes carried 4-0. NEW BUSINESS 1. Public Hearing Rezoning Request (Z20-16) - Request by Hodges, Coxe, & Potter, LLP on behalf of property owners, Stephen Clossick and WBP, LLC, to rezone approximately 2.3 acres of land located at 7775 Market Street from (CUD) O&I, Conditional Use Office and Institutional District, to (CZD) B-2, Conditional Regional Business District, in order to develop a boat dealer and vehicle sales business. Planner Ron Meredith provided information pertaining to location, land classification, access, transportation and zoning. He showed maps, aerials and photographs of the property and surrounding area and gave an overview of the proposed application as referred to in the staff report. Mr. Meredith explained that the subject property and the adjacent property to the north, a veterinary hospital had been conditionally rezoned in 2004 to O&I. The proposed project would share access with the veterinary hospital from Alexander Rd., and no direct access had been proposed to Market Street. Mr. Meredith explained that the proposed site would generate an estimated 50 peak hour trips including the trips generated from the veterinary office. He concluded by stating that the proposal was generally consistent with the 2016 Comprehensive Plan because it provided for infill development between two higher intensity commercial and service nodes. Mr. Meredith concluded his presentation noting that if approved a site plan would need to be reviewed by the Technical Review Committee. In response to questions from the Board, Senior Planner Brad Schuler provided information about the status of a Traffic Impact Analysis and required roadway improvements associated with a nearby development. Chair Girardot opened the public hearing and recognized the applicant. 2 | P a g e Wes Hodges of Hodges, Coxe, & Potter LLP explained that after hosting a community meeting, the plans were adjusted to address buffer concerns posed by a handful of residential neighbors. Mr. Hodges stated that this project will bring about infrastructure improvements to the adjacent properties, including the opportunity for neighbors to connect to the extended sewer lines. He noted that the building footprint was adjusted to retain the specimen 42” Live Oak on the property. In response to questions from the Board, Charles Cazier of Intracoastal Engineering, stated that the existing infiltration site will need to be modified to accommodate stormwater runoff associated with the proposed site. Mr. Cazier explained that the significant live oak tree shown within the proposed footprint of the building of the business would be mitigated but that landscaping plans were not yet created. In response to questions about site utilization, Carson Baker, the owner, clarified that the site would be used to sell boats, motorcycles and ATV’s as well as perform service maintenance on those types of vehicles. He explained that he planned to retain, on average, roughly 15-20 18-foot long boats. The boats are expected to be no higher than 12 feet tall. Mr. Baker maintained that he worked with the adjacent neighbors to create a satisfactory opaque buffer. Mr. Baker stated that facility would be constructed of metal; however, the storefront facing Market Street would have a front fascia. Mr. Baker addressed lighting concerns and maintained he would be respectful of his neighbors and comply with lighting regulations. In response to Board questions, Mr. Baker provided information on the design of the rear buffer and his intentions for a boat display area. Board Member Petroff raised parking concerns and advised Mr. Baker to be cognizant of parking utilization and availability so not disrupt the neighboring veterinary clinic. With no speakers in opposition, and no further information from the applicant, Chair Girardot closed the public hearing and opened to Board discussion. The Board spoke in support of the project’s planned access of Alexander Dr., low traffic generation, stormwater design, and planned sewer infrastructure improvements. Board Member Ernest Olds made a MOTION, SECONDED by Board Member Jeffrey Petroff, to APPROVE the proposed rezoning to a (CZD) B-2 district. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type. In addition, these uses would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. The Board also found APPROVAL of the rezoning request to be reasonable and in the public interest because the site is adjacent to existing commercial uses, the use would have limited traffic impacts, and approval supports the success of an existing small business. The motion to approve the rezoning request carried 4-0. 2. Public Hearing Rezoning Request (Z20-20) - Request by Design Solutions on behalf of the property owners, Edna F. Dupree Heirs (Karen Coley) and Edward Foyles Heirs (Lewis Hines), to rezone approximately 2.22 acres of land located at 7036 and 7038 Market Street, from R-15, Residential District, to (CZD) CB, Conditional Community Business District, in order to develop a general retail sales and personal service establishment. Planner Marty Little provided information pertaining to location, land classification, access, transportation and zoning. He showed maps, aerials and photographs of the property and surrounding area and gave an overview of the proposed application as referred to in the staff report. 3 | P a g e Mr. Little explained that the applicant’s concept plan proposed a 16,000 square foot facility for a furniture retail showroom with an attached section for miscellaneous retail or personal service. To the rear of the site, the applicant also proposed to construct a 5,000 square foot warehouse to store furniture. Mr. Little explained that primary access to the site would be located on Market Street. He informed the Board that upon the completion of the NCDOT Military Cutoff Extension project, the driveway would be converted into a right-in/right-out controlled access driveway. Mr. Little stated that the proposal was generally consistent with the 2016 Comprehensive Plan and would be an appropriate transition between existing commercial development and residential neighborhoods. Mr. Little concluded his presentation noting if approved a site plan would need to be reviewed by the Technical Review Committee. Chair Girardot opened the public hearing and recognized the applicant. Applicant Cindee Wolf began by stating that the Comprehensive plan had policies for growth and development that encourage continued effort to attract and maintain business. Ms. Wolf shared that her clients had leased their current commercial space for some time and hoped to construct a facility of their own. Ms. Wolf asserted that this project was consistent with the purpose of the Community Business district as it would provide goods and services to the adjacent communities and clarified the hours of operation and the intended use of the buildings. She provided information on the stormwater plans for the site noting the design of the stormwater infiltration basin at the rear of the site. She also noted the possibility of including permeable parking spaces due the quality of soil on the project site. Ms. Wolf concluded her presentation reiterating the consistency of this project with the urban mixed use land classification. In response to questions from the Board, Ms. Wolf clarified the site’s buffering plan, stating that 20 feet of space would be available for buffering. Additionally, Ms. Wolf indicated that an architectural design had yet to be determined, but she provided a general description of the building facade. Ms. Wolf also shared that the current site owner maintained a contract with the advertiser on the billboard located on the site until 2022 that the future owner will be required to honor. Business owners Paul and Mary Mackey clarified that the 10,000 square foot warehouse would be used to store preordered furniture and that there would not be a frequent relocation of furniture between the warehouse and retail showroom. With no speakers in opposition and no further information from the applicant, Chair Girardot closed the public hearing and opened to Board discussion After describing his support for the project, Board Member Ernest Olds made a MOTION, SECONDED by Board Member Colin Tarrant, to recommend APPROVAL of the proposed rezoning to a (CZD) CB district. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. The Board also found recommending APPROVAL of the rezoning request to be reasonable and in the public interest because the site is in close proximity to the Military Cutoff Extension and existing commercial services; therefore, it is unlikely that a new single family residence will be constructed on the site. The motion to approve the rezoning request carried 4-0. 3. Public Hearing Rezoning Request (Z20-21) – Request by Design Solutions on behalf of property owners, William S. and Tara S. Hackney, and Proclaim Holdings, LLC, to rezone approximately 3.28 acres of land located at 813 and 817 Piner Road from (CUD) O&I, Conditional Use Office and Institutional District, to (CZD) CB, Conditional Community Business District, in order to develop a landscape contractor’s office. 4 | P a g e Senior Planner Brad Shuler provided information pertaining to location, land classification, access, transportation and zoning. He showed maps, aerials and photographs of the property and surrounding area and gave an overview of the proposed application as referred to in the staff report. Mr. Schuler explained the proposal would allow the site to be used as a landscape contracting business. He stated that the existing office buildings and dwelling unit would remain. Mr. Schuler indicated that a new storage building and a company vehicle storage area would be constructed but that the land at the rear of the site, about one acre, would remain undeveloped. The proposal also showed the existing dwelling unit would be utilized as a live-work, or caretaker unit, which would require a special use permit. Mr. Schuler stated that the applicant was also proposing the removal of one of the driveway accesses to Piner Road and that this proposal was unlikely to contribute to the peak-hour traffic count as most contractor traffic occurs outside of typical peak hours. Mr. Schuler maintained that the proposed use was compatible with the site’s current use and was generally consistent with the New Hanover County Comprehensive Plan. Mr. Schuler concluded his presentation noting that upon approval the site would need to be reviewed by the Technical Review Committee. In response to a question from Board Member Ernest Olds, Mr. Schuler stated that the site was served by Cape Fear Public Utility Authority but currently relied on an existing septic system. Chair Girardot opened the public hearing and recognized the applicant. Applicant Cindee Wolf began by stating that the Comprehensive Plan had policies for growth and development that encouraged continued effort to attract and maintain businesses. Ms. Wolf shared that her clients had leased their current space for some time and hoped to own a facility of their own. Ms. Wolf explained that the proposed site use is unique to her client. Unlike most landscape contractors, Freedom Lawns would not store trailers and maintenance equipment. Ms. Wolf stated that Freedom Lawns would use the site to store non-toxic material such as water and fertilizer. Ms. Wolf explained that the proposed storage unit would be located toward the rear of the site and would be screened by the existing structures. In response to questions from the Board, Ms. Wolf explained how the current proposal is more compatible with the current and adjacent land uses. Ms. Wolf reiterated that the proposed site would not store typical landscape service equipment and would only be used to store non-toxic material. Ms. Wolf also clarified hours of operations. With no speakers in opposition and no additional information from the applicant, Chair Girardot closed the public hearing and opened to Board discussion The Board spoke in support of the project’s closure of an access point and limited impact on adjoining properties. Board Member Colin Tarrant made a MOTION, SECONDED by Board Member, Jeffrey Petroff, to APPROVE the proposed rezoning to a conditional CB district. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it would provide an appropriate transition between the adjacent middle school and residential properties. The Board also found APPROVAL of the rezoning request reasonable and in the public interest because the proposal would allow reuse of the existing structures and because the proposed lawn care business was estimated to not increase the amount of traffic generated from the site. The motion to approve the rezoning request carried 4-0. 4. Quasi-Judicial Hearing Special Use Permit Request (S20-04) – Request by Design Solutions on behalf of property owners, William S. and Tara S. Hackney, and Proclaim Holdings, LLC, for a Special Use Permit for a Live/Work Unit within the (CZD) CB, Conditional Community Business District, associated with Rezoning Request Z20-21, located at 813 and 817 Piner Road. 5 | P a g e Witnesses were sworn in by the County Attorney. Senior Planner Brad Shuler provided information pertaining to location, land classification, access, transportation and zoning. He showed maps, aerials and photographs of the property and surrounding area and gave an overview of the proposed application as referred to in the staff report. Mr. Schuler explained to the Board that most of the information for this Special Use Permit request is the same as the information from the previous rezoning request (Z20-21). Mr. Schuler explained that a Special Use Permit was required to allow for a live-work or caretaker dwelling unit. He went on to explain the location and characteristics of the existing 864 square foot dwelling unit. He presented that the proposed dwelling unit was in line with the residential uses and low to moderate densities recommended for General Residential places in the 2016 Comprehensive Plan. Mr. Schuler explained the Board must make four conclusions to recommend approval: 1) That the use will not materially endanger public health and safety, 2) That it meets all required conditions and specifications of the zoning ordinance, 3) The use will not substantially injure the value of adjoining or abutting property, and 4) The use is in harmony with the area in general conformity of the comprehensive plan. In response to questions from the Board, Mr. Schuler explained that the occupant of the live-work unit must be associated with the business, that two parking spaces must be dedicated for the dwelling unit, and that there must be designated open space no less than the square footage of the dwelling unit in consideration. Chair Girardot recognized the applicant. Applicant Cindee Wolf reiterated the information provided from Mr. Schuler’s findings. Ms. Wolf explained that the Special Use Permit request was compatible with the existing structures and land use classifications. Chair Girardot closed the quasi-judicial hearing and opened to Board discussion. The Board confirmed with staff that the Special Use Permit would run with the land and all provisions would be in place unless the conditional district was modified by the Board as part of a rezoning request. Board Member Jeffrey Petroff made a MOTION, SECONDED by Board Member Ernest Olds, to recommend to the Board of Commissioners to APPROVE, as the Board found that this special use permit request met the four required conclusions based on the findings of fact included in the staff report. The motion to approve the special use permit request carried 4-0. With no other business, Chair Donna Girardot adjourned the meeting at 7:18 p.m. Please note that the above minutes are not a verbatim record of the New Hanover County Planning Board Meeting.