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HomeMy WebLinkAbout200508 Aug PBM MINUTES OF THE NEW HANOVER COUNTY PLANNING BOARD MEETING August 4, 2005 The New Hanover County Planning Board met Thursday, August 4, 2005 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, Chairman Dexter Hayes, Planning Director Sandra Spiers, Vice Chairman Sam Burgess, Planner David Adams Linda Keough, Administrative Secretary Sue Hayes Holt Moore, Assistant County Attorney Robin Robinson Frank Smith Kenneth Wrangell Sandra Spiers opened the meeting by welcoming those present to the public hearing. Ms. Spiers explained that Chairman Conlogue would be arriving later. Therefore, she would be chairing the first portion of the hearing. Sam Burgess led the reciting of the Pledge of Allegiance to the Flag. Sandra Spiers proceeded with the approval of the minutes. Sue Hayes made a motion to approve the July minutes. Frank Smith seconded the motion. The Board approved July 7, 2005 minutes by a vote of 6-0. Item 1: Rezoning - Request by Withers & Ravenel for Todd Properties, LLC to rezone approximately 20.51 acres of property located at 2200 North College Road, from B-2 Highway Business/R-15 Residential to R-10 Residential. (Z-805, 08/05) Sam Burgess gave a brief review of the request, agency comments and related information. Cindee Wolf, representing Todd Properties, stated that she felt that the property is in a position for a higher density development than the existing R-15 District allows. Don Terrell, 3610 Broken Limb Court, feels that rezoning this property would bring in too much traffic to the area Thomas Crossland, 3620 Bent Tree Court, stated his concerns regarding depreciation of his property value. He stated that he did not feel that this project would help the community. Ron Gunter, 7016 Fallen Tree Road, stated that there is no access to I-40. He added that there is atraffic problem at the Murrayville intersection. 1 Ray Marshbum, 3621 Bent Tree Court, stated that he would like to know exactly what is planned for the property and how it will be developed. He added concerns regarding the traffic. Cecil Ward 3605 Bent Tree Court, expressed his opposition to the application. He stated that he felt that it would affect public safety. Elizabeth Bongard, 3613 Bent Street, expressed concerns regarding entry to the property. Cindee Wolf stated that the proposal for this application is for rezoning only. She added that the concerns for developing an apartment complex or other residential neighborhood should be expressed if the project comes to the Planning Board for a high density special use permit application. She further explained that this application is only to rezone the property from R-15 to R-10. Dexter Hayes provided staff comments. STAFF COMMENTS: The subject property is located at the southern right of way confluence of I-40 and North College Road. The applicant's request involves rezoning a 20.50 acre parcel of land from B-2 Highway Business/R-15 Residential to R-10 Residential. The property has approximately 1,650 feet of road frontage on North College Road and approximately 1,200 feet of frontage on I-40. North of the property is an existing commercial node at the intersection of Murrayville and North College Roads which provides a variety of services that include several conveniences and gas stations, a grocery store and pharmacy. Adjacent and to the east is an existing R-10 Residential District known as the Bent Tree subdivision residential neighborhood. To the west is Murrayville Station, an existing industrial park approved in the mid 1990's. An examination of existing infrastructure near the area reveals that public water is located adjacent and north (shopping center) of the subject property and also to the east (Bent Tree subdivision). Public sewer is also located nearby. Access to the site would be restricted from I-40 and limited to a right-in and right-out from North College Road due to safety concerns. No median cut exists from the property to the southbound lanes of North College. The latest traffic counts south of the intersection of Murrayville and North College roads is approximately 25,498 vehicles ADT. The most suitable access to the property would be through the shopping center located adjacent and to the north. The applicant's request for a rezoning to R-10 Residential has merit. The area is located in the Urban Transition class that support intensive development on land that has public water and sewer service located nearby. The rezoning request is also located adjacent to an R-10 Resident District that has existed for a number of years. The only impediment to the property is access which can be reviewed through a Traffic Analysis once a site plan has been submitted to the County for review. Staff recommends approval of the applicant's request to rezone the 20.50 acre from B-2 Highway Busienss/R-15 Residential to R-10 Residential. Sue Hayes asked Dexter Hayes to explain the process to consider an apartment complex. 2 Dexter Hayes replied that a traffic study would have to be done. They would then generate a site plan with parking, landscaping, number of units proposed, etc. which would be processed through a Technical Review. After that takes place an application for a Special Use Permit would be required and brought before the Planning Board and County Commission. David Adams made a motion to approve the rezoning request. Sue Hayes seconded the motion. The Board approved the motion with a vote of 6-0. Item 2:Rezoning - Request by Dean Scarafoni to rezone approximately 24.23 acres of property located at 8273, 8301 & 8305 Market Street from R-15 Residential to B- 1 Neighborhood Business (Z-806, 08/05) Sam Burgess gave a brief review of the request, agency comments and related information. Dean Scarafoni, applicant, stated that he would be happy to answer any questions. Dexter Hayes stated that Mr. Lea and Mr. Sneeden sent letters requesting that their properties be included in this rezoning petition which would include lots 3, 10, 14 and 15. Dexter Hayes provided the staff summary. STAFF SUMMARY: The subject property consists of three (3) parcels of land located in the southwest quadrant of the I-I40 Bypass and Market Street. The total acreage of all three parcels is 24.23. These parcels adjoin a rapidly developing commercial center serving the Porters Neck Community. This commercial node was established in the early "90s. commercial land uses that have evolved during the past decade include the Porters Neck Shopping center and Oak Landing Shopping facility. Other retail and professional office type facilities are located nearby, primarily south the Porters Neck/Market Street intersection. An apartment complex with approximately 260 units is located directly behind the Porters Neck Shopping Center. The I-I40 Bypass scheduled to be completed and operational next summer. During the past 7 years, the Porters Neck Road area has witnessed significant residential growth. This growth can be attributed to the availability of public water and sewer. Several new residential neighborhoods along Porters Neck and Edgewater Club Roads have also been developed largely in response to the availability of these services. As a result, the demand for retail services for these and other established neighborhoods has increased. The applicant's request to rezone approximately 24 acres to B-1 Neighborhood Business appears to be logical extension to the commercial node at Porters Neck Road and Market Street. The zoning area is also consistent with the Land Use Plan's Urban Transition Classification and is within the Urban Services Growth Boundary as amended in July, 2001. The potential for High Density residential land use also exists as evidenced by the apartment complex located nearby. Staff recommends approval of the zoning petition 3 and also recommends that parcel 15 and the adjoining r/w be included in the rezoning petition. Even though a portion of the petition has a considerable amount of depth extending from Market Street, the rear portion of the property is within the 500 foot SHOD Boundary extending from the Bypass. The SHOD requirement will impose a 100 foot setback for buildings and parking in order to preserve the natural woodlands and open space along this roadway. David Adams asked how Mr. Scarafoni plans to handle the high water table. Mr. Scarafoni stated that he did not have a plan at this time but was aware that he would not be allowed to fill. Frank Smith made a motion to approve the rezoning request and to include the additional lots 3, 10, 14 and 15. Mr. Wrangell seconded the motion. The Board approved the motion with a vote of 6-0. Chairman Conlogue re-opened the meeting after a ten-minute break. Item 3: Rezoning - Request by SENCA Properties, LLC to rezone approximately 26.65 acres of property located in the 9000 block of Market Street (east side) from R-15 Residential to CD(O&I) and rezone approximately 20.40 acres of property from R-15 Residential to CD(B-1) Neighborhood Business (Z-807, 08/05). Sam Burgess gave a brief review of the request, agency comments and related information. Mike Nadeau representing SENCA Properties, LLC, stated that SENCA is composed of over 100 physicians. Mr. Nadeau explained that they are requesting a conditional use rezoning and special use permit for a 60-bed hospital, medical offices and some retail. He added that they have modified the plan that was originally submitted adding that the plan includes a TIA with improvements that are now under construction along with up scaled landscaping. He stated that the maximum impervious area for any zoned area is not over 60%. Chris Bonev stated that this is not a major retail center but is a medical/retail center. Mr. Boney provided a slide show overview of the proposed Scotts Hill Village. David Hollis, Hanover Design Services, stated that the proposal for this project is in compliance with local, state and federal regulations for stormwater drainage. Chris Bonev continued with the remainder of the slide presentation and explained that the setbacks from the residential area to the hospital have been doubled from the setback requirement. He further explained that the proposed site plan and the revisions were made to the plan after meeting with the area residents and other agencies. Dr. Hormoze Goudarzi explained that SENCA consists of 103 local physicians who have invested in this project. He added that the property is 198 acres but they are only asking for the rezoning of 44 acres. It is anticipated that a two story 60 bed hospital smaller than Cape Fear Hospital will be built as well as doctor offices, physical therapy, emergency centers, X-Ray centers, dental offices, etc. He stated that Pender County, New Hanover 4 County and other nearby areas would benefit from this medical development. He added that they have gone to great length to ensure development of highest character and quality in engineering, structure and design. Dr. Shvam Garg stated that he feels that this project is needed in the community and that it will improve property values. Mark Ragazzino, 234 Seagull Lane, member of New Hanover County Radiologists and participating in SENCA, stated that currently patients are traveling down Military Cutoff and Market Street to get to the present medical facility. He added that he feels that this new facility is needed in the area and believes that it will prevent the patients from having to travel on those heavily congested roads and will provide the services needed. Jim Mullins, Salem Woods Subdivision, stated that the project does not have to extend into the residential neighborhoods. He feels that the commercial portion of the project is too large compared with the medical portion. Mr. Mullins added that he is not opposed to the project but concerned about too much retail. Mr. Mullins provided a petition signed by neighborhood residents who feel that the proposed projects are too intrusive to the existing residential area. Paula Bushardt, President of the New Hanover Conservancy, stated that they feel that this project is in the wrong place. She stated that they do want this type of development but feels that it would be better suited on the west side of Porter's Neck or other location. Steve Skavroneck, co-president of Cape Fear River Watch, read the River Watch's statement, which asked that the project be denied. They expressed concerns regarding in ground filtration and storm water runoff. Beth Taylor, partner in Foye Taylor Family Partnership along Scott's Hill Road, stated her concerns regarding developing an oversized project and impacts on Futch Creek. She added concerns regarding topography and traffic. Jane Kopez nski 340 Okeechobee Road, provided a resolution from the Council of Neighborhoods Association, stating concerns for environmental protection and asked the Planning Board to consider the environment when making a decision. Ted Wilgis, Coastal Carolina Federation, stated that this is a major project adding that the state regulations only address the first 1/2" stormwater runoff. Mike Nadeau explained the proximity of the proposed project to HWY 17 and Pender County Business Node. He added that the placement of the hospital has been relocated at the request of the neighbors. Chris Boney, stated that there is a substantial ridge to separate the commercial site. Chairman Conlogue asked about the ownership of the hospital and if New Hanover Hospital has any ownership of the proposed hospital. Mike Nadeau stated that the New Hanover Hospital has not committed to it at this time. Chairman Conlogue asked Mr. Nadeau to clarify that at this time New Hanover Hospital does not have ownership of the 5 proposed hospital but if it does it would be a branch of the existing hospital. Mr. Nadeau confirmed. Dexter Hayes provided staff summary. STAFF SUMMARY: This revised request for Scotts Hill village involves a portion of the property that contains three (3) distinct land use proposals that total approximately 45.05 acres. As noted on the site plan table, these uses include a "Village Medical Center" which consists of 4.39 acres - proposed CD(O&I), a hospital facility which consists of 22.26 acres - CD (0&1), and a commercial "Village" consisting of 20.40 acres - CD (B-1). A list of proposed uses in the B-1 Neighborhood District is attached. Traffic Impacts Access to the project will be from two driveway connections off Market Street. A secondary access leading to Scotts Hill Road is also proposed. The revised land use scenario is expected to generate 6,929 net daily trips entering and exiting the site. This is based upon the traffic consultant's analysis of the following uses: 359 single-family units, 60 bed hospital (200,000 sq. ft.), and approximately 304,400 square feet of medical, general retail, and clinic space. Drainage Impacts According to DEHNR requirements, high density type projects near SA waters (Futch Creek) require the use of infiltration systems on site for the first 1.5 inches of rainfall. In order to retain excess run-off from larger storm events as required by the County, a piped system leading to detention ponds will be used. The proposed design will consist of 3-4 infiltration systems with two (2) large detention ponds of over 1 acre. If the two ponds reach full capacity, discharge through a series of swales to a wetland area (swamp forest) is proposed. Water & Sewer Public water and sewer from the County is proposed for the project. Presently, water and sewer lines are located nearby. Lighting Low light emission (shoebox) fixtures with light cut-off features are proposed for the project. These fixtures will have fractional foot candles of light spread out approximately 20 feet to reduce light pollution. The property is located in the Futch creek watershed and is classified resource protection in the 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. Compatible commercial and industrial development may be 6 adversely impacted. Planning staff will have to verify the extents of the Swamp Forest boundary, however, it appears that it coincides with the regulated wetlands that are being protected. Several conservation projects have been undertaken on nearby properties to Foy Creek, which is located on the southeast end of the larger 150 acres. The existing County stormwater management regulations combined with the state water quality impacts. Other policies in the Comprehensive Plan support mixed use development in undeveloped areas in order to maximize benefits from available infrastructure, preserve valuable natural resources including open space and reduce dependency on the automobile. Given the constraints of the project and the unique features of the site, the applicant has developed a viable plan that provides interconnectivity through public roads, limited access to Market Street, and some protection for the existing wetland areas. The applicant is also proposing additional stormwater quality best management practices to mitigate some of the negative impacts of runoff from the impervious surfaces. The proposed project and the anticipated future development on the balance of the property, generally meet the objectives of mixed-use development as stated in the comprehensive plan. Some of the draft policies and Comprehensive Plan changes that are being reviewed may allow future changes to the site plan for a more effective transition between the commercial and residential uses and also better accommodate the objectives of mixed use development. In reviewing the most recent plans and objectives of the project and recognizing some of the natural characteristics of the site including the rolling topography, wetlands and conservation resources the proposed zoning does not transition as well as anticipated. Additionally, the proposed project is still significantly large with a 20-acre Neighborhood Business District. The initial premise behind establishing this master plan was the time schedule for developing the Ambulatory Surgery Clinic. However, given the unique topographic features of the site, the wetland features, the proximity to SA waters, the make up of the forest and land cover and the general impact and scale of the project; staff recommends that the scale of the project be reduced, either by limiting the square footage or the amount of impervious coverage, or both. The present plan for 60% impervious coverage, though an improvement, is not an exceptional design for SA waters. Recognizing the need for an expanded medical office park connected to an existing commercial zoning district in Pender County at the corner of Scott's Hill Road, staff believes that this larger regional commercial center is an unnecessary duplication of services already being provided to the surrounding neighborhoods at Porter's Neck Road. Staff should also note that according to the 2005 State Medical Facilities Plan, New Hanover County and Pender County would still have a surplus of 63 and 27 acute care beds in 2009. The only justification for a new hospital facility at this time would be the relocation of existing services outside of Wilmington. Staff recommends approval of the applicant's request with a reduction in the commercial part of the project. Additional conditions should be addressed as part of the conditional use approval. 7 Chairman Conlogue confirmed that there was going to be a meeting on August 15th at 4:30 p.m. at Wesley Methodist Church to discuss access management along Market Street. He also stated that he would be meeting with DOT on Friday morning to discuss the new road improvements and asked Dexter Hayes to attend if impossible. Chairman Conlogue inquired about staff recommendations to scale down the commercial portion of the proposed project. Mr. Hayes replied that he would suggest that the overall square footage be reduced. Chairman Conlogue stated that it was implied that New Hanover County has a surplus of 63 beds available adding that he did not think that was the case. Sue Hayes asked if there is a Certificate of Need for 60 beds. Chairman Conlogue replied that there is not a Certificate of Need for this project. Dr. Gourdazi stated that New Hanover Hospital and Cape Fear Hospital occupancy rate is artificially low. David Adams stated that the plans for the hospital are contingent on New Hanover Hospital transferring a 60-bed allocation to this project. Chris Bonev stated that at this time New Hanover Hospital is not a part of the proposed hospital. He added that SENCA would like New Hanover Hospital to be part of it but there has been no agreement at this time. Sue Hayes confirmed that the hospital is the last thing to be built on this project. Chris Bonev stated that they would have to go through the Certificate of Need process before building the hospital. He added that the medical offices would be built first and the hospital would come later. Sandra Spiers stated that she did not think the applicant is trying to fool anyone and that rezonings for a proposed project is done all of the time. Robin Robinson asked if staff is satisfied with the 60% impervious surface. Dexter Hayes replied that it is an improvement but a further decrease would be even better. Sue Hayes stated that she is concerned about preserving the watersheds. David Adams commended the applicant for addressing many of the concerns. However, he stated his concerns regarding possible sink holes and the 30' landscape berm. Kenneth Wrangell stated that he has some concerns with the impact on the Futch Creek watershed. Sandra Spiers stated that she was impressed with all those involved in trying to work together on the project. She did say that she feels that it is a good project but may need to be scaled down. Frank Smith commended the applicant in addressing the surrounding property owners concerns and sensitivity to the natural resources. He added that he felt that the commercial should be closer to the Scotts Hill corner. He added that he feels there is an opportunity to reduce the amount of acreage and get everything on the site. 8 Mike Nadeau stated that they have scaled back to below 60% impervious surface and have brought forth a long term total plan as asked by the Planning Board. Robin Robinson suggested taking Buildings 10, 11 & 12 off the plan for this approval and bring back at a later time. David Adams made a motion to continue the request and asked the applicant to formally respond to the Board's suggestions at the neat meeting. Sue Hayes seconded the motion. The Board approved the motion with a vote of 7-0. Sue Hayes made another motion to hold a work session with the applicant and the Planning Board on Wednesday, August 24th at 4:00 p.m. The Board unanimously approved the motion. Sam Burgess provided the Technical Review Committee (TRC) report. Edgewater Trace ? Resource Protection ? 18 lots ? Public water & sewer ? Private Roads Sue Hayes stated that she encourages public comment on items brought to the Planning Board. She added that there might be times when a time limit is needed; however, she encourages the public comments. OTHER BUSINESS: Robin Robinson made a motion to nominate Walter Conlogue to be Chairman of the Board. Sue Hayes nominated David Adams to be Chairman. Sandra Spiers seconded the motion to nominate Walter Conlogue as Chairman of the Board. Sue Hayes' motion to nominate David Adams died for lack of a second. The Board approved the nomination of Walter Conlogue to serve as Chairman by a vote of 6-0. Walter Conlogue made a motion to nominate Sandra Spiers to serve as Vice Chairman. Robin Robinson seconded the motion. The Board approved the motion by a vote of 6-0. Sue Hayes made a motion to nominate David Adams to serve as Chairman of the Technical Review Committee (TRC). Robin Robinson seconded the motion. The Board approved the motion by a vote of 6-0. Being no further discussion, Sandra Spiers made a motion to adjourn the meeting. The Board unanimously approved the motion. The meeting adjourned at 11:25 p.m. Dexter Hayes, Planning Director 9