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MINUTES OF THE
NEW HANOVER COUNTY PLANNING BOARD MEETING
September 2, 2004
The New Hanover County Planning Board met Thursday, September 2, 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
Sue Hayes Baird Stewart, Senior Planner
Robin Robinson Sam Burgess, Planner
Frank Smith Linda Keough, Administrative Secretary
Sandra Spiers Holt Moore, Assistant County Attorney
David Girardot
Members Absent:
David Adams
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 requested that the secretary swear in everyone who intends to
speak regarding agenda Item #1 Subdivision Appeal. Vice Chairman Conlogue
proceeded with the approval of the minutes. David Girardot made a motion to approve
July and August minutes. Robin Robinson seconded the motion. The Board approved
July and August 2004 minutes by a vote of 5-0.
Holt Moore, Assistant County Attorney stated that this would be a Quasi Judicial
proceeding for the subdivision appeal therefore he would provide suggested guidelines.
Mr. Moore further stated that a group of ten (10) individual homeowners had asked to be
included in the appeal although they did not file an appeal in the ten (10) day deadline.
He suggested that the Board proceed with the appeal with the two homeowners
associations who had filed originally and vote on whether or not to include the additional
homeowners.
Vice Chairman Conlogue welcomed the two new members of the Planning Board, Sandra
Spiers and Sue Hayes. He stated that before the Board continued they would be electing
new officers. He began by requesting nominations from the Board members for
Chairman. David Girardot made a motion to nominate Walter Conlogue as Chairman of
the Planning Board. Robin Robinson seconded the motion having no other nomination.
The Board approved the motion by a vote of 6-0.
Walter Conlogue made a motion to nominate David Girardot for Vice Chairman of the
Planning Board. Robin Robinson seconded the motion having no other nomination. The
Board approved the motion by a vote of 6-0.
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Walter Conlogue then made a motion to nominate Frank Smith for Chairman of the
Technical Review Committee (TRC). David Girardot seconded the motion. The Board
approved the chairman's nomination by a vote of 6-0.
Item 1: Subdivision Appeal (Continued Item) - Request by Ocean Forest Lakes
HOA & Lords Creek HOA to appeal the decision by the County Technical Review
Committee to Approve Woodlake @ Lords Creek a 386 unit performance
residential subdivision. (SA-23, 06/04).
Assistant County Attorney Moore provided suggested guidelines for the Quasi Judicial
Proceedings. Chairman Conlogue recused himself from discussion of this item since he
served as Chairman of the Technical Review Committee (TRC) during the review of the
project and passed the gavel to Vice Chairman David Girardot.
Robin Robinson made a motion to allow the additional ten (10) individual homeowners
to speak as appellants for the purpose of this hearing. Sandra Spiers seconded the
motion. The Board approved the motion by a vote of 5-0.
Sam Burgess presented the slides and gave a brief review of the site's history, agency
comments and related information.
Project History
The County's Technical Review Committee (TRC) preliminarily approved Woodlake @
Lords Creek in May, 2004 for 386 lots (176 single-family lots, 120 condos, 90 multi-
family units). Site plan approval by the TRC was 4-1 and included the following
requirements:
1) NCDOT comments concerning construction plan approval and driveway
permitting (with turn lanes at Watauga & River Road) will be obtained prior to
final plat approval for the project consistent with the Traffic Impact Study.
2) If adequate water pressure for fire hydrants located within the project is not
available, a surety will be posted with the County prior to final plat approval for
the first section of the project. The surety will be limited to $100,000 with 25%
improvements complete. The surety estimate will be coordinated with the Fire
Services Department.
3) Dedication to a non-profit corporation/organization will be required for the
conservation space designated on the site plan to satisfy the contiguity
requirements as specified by the Ordinance. The non-profit organization will be
approved by the County and registered with the State prior to final plat approval
for the first section of the project.
4) Remaining road improvements to Hailsham Drive in Lords Creek subdivision
leading and connecting to Ontario Road will be coordinated with Landmark
Organization and Dominion Land Corporation prior to final plat approval for the
first section of the project.
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The applicant's in their appeal list four (4) issues of concern:
1) Density and conservation contiguity conflicts between Old Cape Cod and Woodlake
(0 Lords Creek subdivisions.
2) A lack of alternative road access to Woodlake (0 Lords Creek via River Road to
reduce traffic concerns and road maintenance in Ocean Forest Lakes & Lords Creek
subdivisions.
3) The lack of adequate water pressure to serve the Woodlake project and existing nearby
neighborhoods.
1) Stormwater drainage issues affecting Lords Creek subdivision
Frank Smith asked for clarification on ownership of the surrounding properties.
Alan Toll of Stevens, McGhee, Morgan, Lennon & Toll, LLP representing residents of
Lord's Creek explained the residents' concerns regarding the road connection and safety
issues and the fact that there is only one way in and out of the subdivision. He stated that
the traffic report is flawed and does not reflect the impact that the proposed subdivision
would have on the safety of their streets.
Dean Hollinsworth homeowner in Lords Creek, expressed his concerns regarding traffic
and safety issues for the children and residents in the community.
James Batson, resident of Lords Creek, expressed his concerns regarding traffic safety in
the proposed subdivision. He also suggested renaming the proposed subdivision to
Woodlake @ Ocean Forest Lakes.
Jane Kopezynski, President of Ocean Forest Lakes Home Owners Association, expressed
concerns regarding the development of a subdivision of 386 houses on 98 acres of
environmentally compromised land. She further stated that Ocean Forest Lakes Home
Owners Association maintains their own streets in addition to spending several dollars on
landscaping. She added that the harmony and beauty of Ocean Forest Lakes would be
jeopardized.
Mark Carter, representative of Steven, McGhee, Morgan, Lennon & Toll, LLP for the
residents of Lord's Creek, stated that the developer had to go outside his development
and annex land to meet the density requirement. He also stated that a letter from the City
regarding the water pressure in the subdivision had not been received.
Candace Alexander, representative of Dominion Land Corporation, explained that when
they started development of this property they met with NHC Planning Department and
Attorney's office several times to be sure that they met the guidelines. She added that a
Traffic Impact Analysis (TIA) was required and had been submitted. Ms. Alexander
further stated that school buses would be allowed to be on these roads once the roads
were turned over to DOT. She added that a letter was received from the City of
Wilmington regarding the water with four conditions, which will be satisfied.
Ms. Alexander stated that she was told by Planning staff that the conservation area
designated on the site plan would, if included under the same umbrella, satisfy the
contiguity requirement. She stated their intent to deed the property to a land trust.
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Ms. Alexander stated that the stormwater problems that Lords Creek and Ocean Forest
Lakes subdivisions are experiencing might be caused by the property to the north. She
added that Lords Creek and Ocean Forest Lakes were permitted under the old drainage
ordinance, however, they would have to adhere to the new ordinance and Phase 2
stormwater guidelines for the State of North Carolina in the development of this
subdivision. She further stated that they own the roads and were paying dues to maintain
the roads. She stated that they did meet with the two homeowners associations regarding
the roads and asked for comments and concerns but have not heard back from them.
Mark Tinkler Transportation Planner of the TRC, explained that the exit and entrance is
not over burdened. He added that increasing development does increase traffic but they
did do a traffic study and consideration was given to emergency access as well as traffic
congestion with ingress and egress. He also explained that four (4) other streets are not
stubbed out at this time and if they are connected it would alleviate some traffic
problems.
Alan Toll stated that increasing the traffic from one car per minute to three to four cars
per minute would be equal to a car passing every fifteen seconds and create extraordinary
tension on the roads where there are 270 children living. He further stated that the
Ordinance states that when you have open area within your development you have the
option to dedicate that open area as conservation area within your development. It does
not allow you to go outside of your development and use additional conservation area to
meet the higher density requirement.
Jane Kopezynski stated that Section 59.4-4 (4)(A)3 states that the owner of the parcel
may retain ownership of the conservation space but cannot use it for density.
Candace Alexander stated that they went by all of the guidelines and did what was
required regarding the roads. She added that they cannot retain ownership of the open
space.
The Board members requested some explanation of the contiguity requirements. There
was further discussion on the requirements of the Ordinance.
Frank Smith asked if the plan did in fact meet requirements. Dexter Hayes replied that in
its present state it does not meet the requirements because all the property is not under
one ownership at this time.
Holt Moore, Assistant County Attorney stated that he did meet with the developer and
Planning staff and based on the Planning staff's interpretation of Section 59.4-4 of the
Zoning Ordinance the project, as it was presented, could fall under common ownership
and would satisfy the requirement.
Sue Hayes stated that she was concerned about the road issue. Frank Smith stated that by
adding another subdivision they are adding another outlet.
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Frank Smith made a motion to close the public hearing and continue the item until the
Planning Board has a work session to discuss issues regarding the roads and what makes
this property contiguous, adding that each party may submit legal information for
consideration. Sue Hayes seconded the motion. Frank Smith amended the motion to
state that the Planning Board would continue this item for further deliberation at the
October Planning Board meeting. The Board members will meet with the staff and TRC
immediately after the regular scheduled TRC meeting on September 22°d . Sue Hayes
seconded the motion. The Board voted 5-0 in favor of the motion.
Vice Chairman Girardot passed the gavel back to Chairman Conlogue to proceed with the
remaining agenda items.
Item 2: Rezoning (Continued Item) - Request by Design Solutions for Gulfstream
Shopping Center Properties LLC to rezone approximately 5.66 acres of property
located at 609 Piner behind the Junction Creek Office Park from R-15 Residential
to O&I Office and Institutional (Z-783, 08/04).
This item was continued as requested by the applicant.
Item 3: Special Use Permit - Request by James Baker and Patricia Russell for a
Special Use Permit to locate a Residential Duplex in an R-10 Residential District
located at 4910 Wilderness Road (S-523, 09/04).
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information.
Patricia Russell, applicant, explained that she is requesting the special use permit for a
duplex attached to her home by a connecting breezeway in order to provide medical and
personal care to her ill parents.
Chairman Conlogue asked for comments in favor or opposition.
Preliminary Staff Findings
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 Wilderness Road, which is a public right-of-way.
C. The site is served by City Water and County Sewer.
D. The proposed duplex is an addition to the rear of the existing home and
attached to the main structure by a breezeway.
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 19,000 s.f.
B. The proposed project meets all required setbacks.
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C. Duplexes are permitted by special use permit in the R-10 Residential District
provided the lot is a minimum of 15,000 s.f.
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. 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.
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."
Robin Robinson made a motion to approve the special use request. David Girardot
seconded the motion. The Board voted in favor of the motion with a 6-0 vote.
Item 4: Rezoning - Request by SENCA Properties, LLC to rezone approximately
3.36 acres of property located in the 9000 Block of Market Street on the east side
between Creekwood Road and the County Line, from R-15 to CD (O&I)
Conditional Use Office and Institutional for an Ambulatory Surgery Center (Z-785,
09/04).
Baird Stewart presented the slides and gave a brief review of the site's history, land use,
zoning and related information.
Robin Robinson and Frank Smith recused themselves from discussion of this item since
they both have business relations with the applicant.
Michael Nadeau, representing SENCA Properties, LLC explained that they are planning
to build a medical service campus. He explained that the State of North Carolina
Certificate of Need process requires that the selected site be submitted in the coming
months. Therefore the approval of the rezoning is required at this time. This would
allow them to commence work on the plans with the condition attached that a larger
master plan needs to have Commission approval before proceeding forward. He added
that the conditions recommended by the Planning Department are acceptable.
Dr.Goudarzi, M.D., representing SENCA stated that the New Hanover hospital and
physicians are participating in a joint venture to build a medical Mayfair for New
Hanover County, which will consist of ambulatory service as well as the possibility of a
sixty (60)-bed hospital within four years. He explained that this would provide service
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for much of the northern part of New Hanover County as well as other parts of
southeastern North Carolina
Chairman Conlogue asked for other comments in favor. Seeing none, Chairman
Conlogue asked for comments in opposition.
Dexter Hayes provided Staff Summary and Staff Findings.
Staff Summary:
The subject property is a 3.36 acre parcel that is part of a larger 150± acre parcel. The
entirety of the parcel is one of the largest undeveloped properties in northeastern New
Hanover County. In addition the owner or owners of the subject property have interests
in several of the parcels on the east side of a one mile corridor between the I-140
interchange service road and Scott's Hill Loop Road. While areas south of the
interchange have been actively developing for the past couple of years, no significant
Commercial or Professional Office Uses have been established on either side of Market
Street north of the I-140 Interchange. Recognizing the problems with establishing
another commercial strip, which is prevalent along many of our major corridors, staff has
historically been reluctant to support any commercial or office zoning districts in this
area. However, there are several factors about this proposal that mitigate some obvious
concerns.
Evaluating the proposed 3.36 acre Conditional Use Rezoning without the benefit of the
applicant's larger plans for a 20 acre medical office campus is difficult. Nevertheless,
staff evaluated the general medical campus use with the assumption that future phases of
the project will be presented. It is important to note in this evaluation that the NCDOT is
currently studying this corridor to develop an access management plan that may include
some type of service road between Scott's Hill and the I-140 Interchange. We should
also note the fact that there is an existing commercial zoning district in Pender County at
the corner of Scott's Hill Loop Road and Market Street. A logical land use pattern for
this area would be an expansion from this intersection where commercial development is
permitted and transitioning south along the thoroughfare into Office and Institutional uses
and ultimately back into residential uses. Staff believes that this type of pattern is a
reasonable expectation for this corridor and if done well with proper access management,
site plan review, and master planning could create an aesthetically pleasing entrance into
New Hanover County. The subject 3.36 acre conditional use rezoning would establish a
review process that could allow this type development at this location.
With all of the unknown aspects of the overall project, the pending NCDOT access
management plan, and the lack of an established population base in the immediate
vicinity it may be a bit premature to commit to this zoning district. However, Staff is
anticipating residential development plans for the balance of the 150± acre parcel and the
applicant for this rezoning is proposing this project as phase I of a larger plan that will be
presented for the County to review prior to the subject project being developed. Staff
believes that the applicant is establishing a proactive approach to planning the land use
for this area of Scott's Hill adjoining Pender County. Through a master planning effort
with phased conditional use zonings; the planning staff, the Planning Board and the
Board of Commissioners will be able to review each site plan to ensure that each phase
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has the best overall fit. Therefore staff recommends approval of this 3.36 acre phase I
with conditions.
Preliminary Staff Findings:
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 has access to Market Street (US17) which is classified as an
Arterial Road by the New Hanover County Thoroughfare Classification
Plan.
C. County Water and Sewer is proposed.
D. The proposed project includes an approximately 17,400 s.f. building with
165 parking spaces on 3.36 acres.
2. The Board must find that the use meets al required conditions and specifications
of the zoning ordinance.
A. Hospitals are permitted in the O&I zoning district.
B. A site plan which can meet all of the conditions of the zoning ordinance
has been submitted.
C. Minimum setbacks and buffers from residential districts and right of ways
are shown on the plan, however these requirements may change with
future phases of the envisioned medical office complex.
D. The addition of future phases of this project may trigger the traffic study
requirement.
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 proposed zoning for the subject property is Conditional Use O&I.
B. Hospitals are permitted in the O&I district.
C. No other medical facilities of this type are available nearby.
D. The subject parcel is part of a larger parcel. The surrounding property is
vacant and zoned R-15 residential.
E. 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.
A. The site is classified as 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 resources. 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....
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Recommended Conditions:
1) A tree survey of all regulated and significant trees shall be provided prior to final
review by the Board of Commissioners as required by Section 67.
2) The applicant shall not receive any land disturbance permits for the subject project
unless an acceptable master plan for the remainder of the Sidbury properties is
approved by the Board of Commissioners.
3) Intersection designs should be consistent with any access management plan for the 17
corridors, which may include the relocation or elimination of driveways.
Dexter Hayes explained to the Board members that a Conditional Use/Rezoning states
that the rezoning is approved only for the particular use that it is approved for with any
conditions that are placed on the project at the time of the approval.
Sandra Spiers inquired about notification of adjacent property owners. Baird Stewart
stated that notification was sent to each of the adjacent property owners.
David Girardot made a motion to approve the rezoning request. Sandra Spiers seconded
the motion. The Board approved the motion by a vote of 4-0.
David Girardot made a motion to approve the special use request with staffs
recommendations and conditions. Sue Hayes seconded the motion. The Board approved
the motion by a vote of 4-0.
Sam Burgess gave an update on the Technical Review Committee's activity during the
month of August 2004.
The TRC reviewed five performance residential developments:
1. West Bay Estates Phase 5 Preliminary Plan extension for 1 year.
• 173 Lots w/public water and sewer
• Approved by 4-0 vote to extend
2. Avalon West Plan Modification
• Designated Resource Protection by Land Use Plan
• 24 Lots approved 12/2003
• Approved by 4-0 to accept the design modifications with a letter from the
County Attorney's office to City Attorney requesting their legal position
on what the City would require from site plans located in the
unincorporated area needing City water.
3. Ogden Lake
• Urban transition classification
• 77 Lots
• Approved by 3-0 vote to approve with the requirements regarding road
stubs, recreation, fire hydrants and privacy gates.
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4. Lord Drive
• Designated Resource Protection by Land Use Plan
• 14 Lots
• Approved by 3-0 vote to approve with a ROW road stub to Baldwin Tract,
retain existing vegetation near the stormwater area, and label all recreation
areas.
5. Bayshore Crossing Preliminary extension
• Designated Resource Protection by Land Use Plan
• 60 unit project near Ogden area
• County water and sewer
• Approved by 3-0 vote to extend with all of the terms of the original site
plan of August 2002 remaining in effect.
The Board members confirmed they would be meeting with the staff immediately after
their regular scheduled TRC meeting on Wednesday, September 22, 2004 at 9:00 a.m.
The Board requested that the attorney briefs for this meeting refer to the language out of
each section of the Zoning Ordinance, which would include contiguity, street design and
the preamble to the Subdivision Regulations.
Being of no further business, Robin Robinson made a motion to adjourn the meeting.
Frank Smith seconded the motion, which the Board unanimously approved. The meeting
adjourned at 10:00 p.m.
Dexter Hayes, Planning Director
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