Dennis Bordeaux Inspections Manager NOTICE OF PUBLIC HEARING NEW HANOVER COUNTY PLANNING BOARD MARCH 7, 2013

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1 NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA TELEPHONE (910) FAX (910) Chris O Keefe, AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager NOTICE OF PUBLIC HEARING NEW HANOVER COUNTY PLANNING BOARD MARCH 7, 2013 The New Hanover County Planning Board will hold public hearings on Thursday, March 7, 2013 beginning at 6:00 p.m. or thereafter at the New Hanover County Historic Courthouse, 24 North Third Street (corner of Third and Princess Streets), Room 301 in Wilmington, NC to consider the following items: Approval of February 2013 Planning Board Minutes Item 1: Rezoning Request (Z-924, 03/13)- Request by David Edmonds on behalf of Acquisition Holdings, LLC to rezone 4.12 acres located at 6339 Carolina Beach Road from CD(B-2), Conditional Highway Business and R-15, Residential District to O&I Office and Institutional District. The site is classified as Transition according to the 2006 CAMA Land Use Plan. The subject property is located within the Wilmington/New Hanover County Comprehensive Greenway Plan. Technical Review Committee Report (February) The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. Petitions for the above items may be viewed or inquiries made by contacting the Planning & Inspections Department at , 230 Government Center Drive, Wilmington, NC. All interested citizens are invited to attend.

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3 CASE: Z-924 (03/13) PETITIONER: REQUEST: David Edmonds on behalf of Acquisition Holdings, LLC Rezone One Parcel from CD (B-2) Conditional Use District Highway Business and R-15 Residential to O&I Office and Institutional ACREAGE: Approximately 4.12 LOCATION: LAND CLASS: 6339 Carolina Beach Road (US Highway 421 South) Transition Staff Summary The petitioner s property is located approximately 200 hundred feet north of the Golden Road/Carolina Beach Road intersection on the east side of Carolina Beach Road. The 4.12 acreage pie shape parcel has 330 feet of frontage on and direct access to Carolina Beach Road. One structure (approximately 5,536 square feet) constructed in 1981 is located on site and was once home to a church. The structure is currently vacant. Present zoning of the subject property is Conditional Use District (B-2) Highway Business and R-15 Residential. The purpose of the B-2 District is to provide for the proper grouping and development of roadside services which best accommodate the needs of the motoring public and businesses demanding high volume traffic. The Conditional Use District was created in November, 2002 and extends north of the petitioner s site to the entrance of Winds Ridge subdivision. The depth of the B-2 District is approximately 300. The balance of the parcel is zoned R-15 Residential which tapers in width rapidly progressing east to the property boundary. This portion of the parcel is vacant and consists of fine sandy soil and a mixture of scrub pine trees and long leaf turkey oaks. The Level of Service (LOS) along the front of the petitioner s property is D meaning that vehicular traffic along Carolina Beach Road is heavy but flows at a stable rate. Average Daily Trips (ADT) near the property are 31,788 per day. Carrying capacity based on the design of the road is 40,900 vehicle trips per day (February, 2013 data). Signalization to mitigate potential traffic conflicts is located at Golden Road/Carolina Beach Road south of the property and Cathy Road to the north. The 2006 CAMA Land Use Plan identifies the area as Transition. The Transition classification provides for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land planning policies requiring optimum efficiency in land utilization and public service delivery. Staff Observations The petitioner is proposing a straight rezoning from Conditional Use District (B-2) and R-15 Residential to O&I Office and Institutional. Specific site plans, community meetings, proposed uses, traffic impact analysis, and imposed conditions are not required with such requests. Z-924, 03/13 Page 1

4 The purpose of the Office and Institutional District is to provide areas where institutional uses, professional office uses and other uses compatible to uses of an office and institutional nature shall be encouraged to locate and to provide protection for this type of land use from encroachment by other less desirable uses. A number of permitted uses may be placed in an O&I district including but not limited to agricultural uses, wholesale nurseries, cellular &PCS antennas, neighborhood drug stores, banks, funeral homes, adult and children daycares along with elementary & secondary schools. Staff Position The proposal to rezone a 4.12 acre parcel of land from CD (B-2) Conditional Use Highway Business District and R-15 Residential combining both zoning districts into a unified O&I Office and Institutional District and revitalizing an existing vacant structure makes sense. The down zoning proposal to O&I also can be seen as a transition to the existing R-15 zoning districts located northeast, and southeast of the property. The Transition classification of the land use plan supports creating transitions between more intensive and less intensive uses. Appropriately designed O&I uses will achieve this transition. Because this request is a straight rezoning, staff must consider the full range of potential uses which may be allowed by right on this property. The County recently adopted a conditional zoning district ordinance which allows Staff, the Planning Board, and the Commissioners to consider the intended use of the property and the potential impacts that each use may have on surrounding uses. In all cases staff prefers to consider conditional requests so that proposals can be evaluated based on the known use. In this case however, staff feels that it is reasonable and consistent with the land use plan to place an O&I district within this existing B-2/B-2(CD) strip. Planning Staff has concerns with the depth of the proposed O&I district. The existing commercial district was held to a depth of approximately 300 feet. This zoning pattern has resulted in residential development along the northern edge of the proposed O&I district. This has also resulted in strip commercial development and has restricted the ability of nonresidential growth at the intersection of Golden Road and Carolina Beach Road. Nonetheless, the protection that the depth limitation has offered residential development should remain to lessen the impact of future projects proposed for the site. Therefore, staff supports the idea of the rezoning request. If the rezoning to O&I is adopted by the Board, staff recommends that the proposal for O&I be scaled back to a distance of 300 from the right-of-way of Carolina Beach Road. This recommendation will leave the rear portion R-15 and provide a uniform zoning district with adjoining properties. Action of Rezoning Request Needed Motion to recommend approval of the petitioner s request as proposed Motion to recommend approval of the petitioners proposal as amended Motion to table the item in order to receive more information Motion to deny the petitioner s request based on specific reasons Z-924, 03/13 Page 2

5 Case Z-924 (03/13) Rezone approximately 4.12 acres from CD (B-2) Conditional Use Highway Business and R-15 Residential to O&I Office and Institutional Petition Summary Data 6339 Carolina Beach Road Owner/Petitioner: Acquisition Holdings, LLC Existing Land Use: CD (B-2) Conditional Use Highway Business, consisting of commercial flex space and a church approved in November, There is also a portion of R-15 Residential located east of the CD (B-2). Zoning History: Area 4 (April 7, 1971) Land Classification: Transition Water Type: CFPUA (located nearby) Sewer Type: CFPUA (located nearby) Recreation Area: Veterans Park Access & Traffic Volume: The ADT at 6339 Carolina Beach Road had a volume of 31,788 vpd. The road capacity is 40,900 vpd; therefore, the LOS is D as of February, 2013 counts. A LOS of D means the roadway is operating at decreasing free flow levels, with speeds slightly decreasing as traffic volume increases. Fire District: New Hanover County Fire Service District (South) Watershed & Water Quality Classification: Seabreeze (SA; HQW) Aquifer Recharge Area: A shallow water table and aquifer and underlying artesian aquifer containing fresh water over salty water. Conservation/Historic/Archaeological Resources: No flood or conservation areas are located on the subject property. Soils: Kureb, Leon, and Lynn Haven Septic Suitability: Kureb sand is classified as a Class I soil with suitable to slight limitations. Leon and Lynn Haven are classified as Class III soils with severe limitations and are known to require extensive modifications and intensive maintenance. Schools: Anderson Elementary School Capacity 595 Current Enrollment 683 Z-924, 03/13 Page 1 of 1

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23 Technical Review Committee Report: February 2013 The County s Technical Review Committee met once in February. One performance residential project was reviewed. Deer Crossing: Phase 2 Deer Crossing is located near the 6500 block of Myrtle Grove Road, west side and is classified as Watershed Resource Protection on the County s 2006 Land Use Plan. The developer for the project submitted a site plan proposing 20 additional residential lots with a private street and public water and sewer. In a vote of 5-0, the TRC approved the second phase of the project for 20 lots as displayed on the site plan (attached). Conditions were attached to the approval of the plan and included: A revised NCDOT Driveway Permit; A five foot sidewalk along one side of Oak Haven Drive; A note be added to the plan that no gates, obstructions, or on-site street parking be allowed; That road inter-connectivity be required once phase 3 is formally submitted for preliminary site plan review; and That a note be added to the site plan pertaining to the status of wetlands within phase 2. The next regularly scheduled TRC meeting will be March 13 th. Two items may be scheduled at that time.

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