HomeMy WebLinkAbout2013-11 Nov 7 2013 PBM
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Minutes of the
New Hanover County Planning Board
November 7, 2013
The New Hanover County Planning Board met Thursday, November 7, 2013 at 6:00 p.m. in the
Assembly Room of the Historic County Courthouse, Wilmington, NC to hold a public meeting.
Planning Board Present: Staff Present:
Vice Chairman Dan Hilla Chris O’Keefe, Planning & Inspections Director
Andy Heath Shawn Ralston, Planning Manager
Lisa Mesler Ken Vafier, Current Planning & Zoning Supervisor
Tamara Murphy Ben Andrea, Current Planner
Ted Shipley, III Jennifer Rigby, Long Range Planner
David Weaver Sharon Huffman, Deputy County Attorney
Absent:
Richard Collier, Chairman
Vice Chairman Dan Hilla opened the meeting by welcoming the audience to the public hearing.
Ken Vafier led the reciting of the Pledge of Allegiance.
Vice Chairman Dan Hilla reviewed the procedures for the meeting.
Approval of the October 2013 Planning Board Meeting Minutes
Andy Heath made a motion to adopt the October Planning Board minutes as drafted. Tamara
Murphy seconded the motion. The Planning Board voted 6-0 to approve the October 3, 2013
Planning Board meeting minutes.
Vice Chairman Hilla announced Item 2 would be heard first if the other board members were in
agreement. Hearing no dissent, Vice Chair Hilla asked the petitioner to come forward.
Item 2: Special Use Permit Request (S-615, 11/13) – Request by SEL Property Investors, LLC to
develop a community boating facility in conjunction with a single family detached residential
community on a 75.17 acre parcel on Masonboro Loop Road near Aqua Vista Drive. The property
is currently zoned R-15, Residential District, and classified as Watershed Resource Protection and
Conservation according to the 2006 CAMA Land Use Plan.
Jeff Keater, the attorney for the petitioner, stated they would like to request a continuance of the
petition to the next regularly scheduled meeting of the Planning Board to allow them to gather
the additional information needed by staff to fully analyze the application.
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Vice Chairman Hilla asked if the board had any questions and entertained a motion from the
board.
David Weaver made a motion to continue the item to the next Planning Board meeting in
December. Andy Heath seconded the motion. The Planning Board voted 6-0 to continue Special
Use Permit Request S-615 to the December 5, 2013 Planning Board meeting.
Item 1: Special Use Permit Modification Request (S-525M, 11/13) – Request by Cindee Wolf of
Design Solutions to modify the site plan for an existing special use permit by adding an additional
20 units to the Saylors Watch high density development, which was approved for a total of 82 units
in 2005. The subject properties are currently zoned R-15, Residential District, and classified as
Urban according to the 2006 CAMA Land Use Plan.
Ben Andrea presented the staff summary and provided information pertaining to location, land
classification, access, level of service and zoning. Mr. Andrea also showed maps, aerials, video,
and photographs of the property and the surrounding area.
Staff Summary
The existing special use permit for Saylors Watch was unanimously approved by the
New Hanover County Board of Commissioners in March 2005. The request is to add an
additional twenty units for a total of 102 units; an increase from the previously
approved 82 units. The subject property consists of 10.02 acres and is located on the
west side of the 4500 block of South College Road, approximately one mile north of
Monkey Junction. The subject site is classified as Urban on the 2006 Wilmington-New
Hanover County Joint CAMA Land Use Plan. The Urban land use classification is
intended to provide for continued intensive development and redevelopment of existing
urban areas. The proposal is consistent with the Urban land use classification and is not
contradictory to any policies within the Land Use Plan. The subject property is currently
zoned R-15 and was approved as a high density development project. The zoning in the
vicinity of the subject site is primarily R-15, as well as some tracts zoned for multi-
family use under the jurisdiction of the City of Wilmington. Saylors Watch is adjacent
to an existing high density development project and other similar developments exist to
the north and south along South College Road.
The site has direct access to South College Road via an existing driveway. The average
daily trip count on South College Road conducted in October 2013 was 41,468 trips per
day, representing a level of service of F, meaning the traffic counts exceed the design
capacity of the road, which is listed at 29,300. The subject property is not located
within any flood or archaeologically significant areas and does not host any CAMA
areas of environmental concern. The area subject to the proposed revision is on the
southwest portion of the tract. This area was previously classified as wetlands by the
U.S. Army Corps of Engineers during the design and approvals in 2005. Since then, the
area has been released by the Corps of Engineers; therefore, removing the previous
restrictions for development.
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The petitioner is seeking to modify the site plan to add twenty units for a total of 102
units, bringing the density to 10.18 units per acre, just under the maximum density
allowed for high density development projects in an R-15 zoning district, 10.20 units
per acre.
Access to the proposed additional units would spur from the existing road network and
the additional parking is designed similar to the existing sections. A T-style or hammer
head turnaround is featured at the terminus of the new street, as well as an additional
dumpster to serve the new units.
On October 23, 2013, the County’s Technical Review Committee approved the site plan
with conditions, one of which was that a thirty-foot access easement from the
turnaround to the adjacent property to the west would be required to meet
interconnectivity requirements for future access.
Notices for the public hearing were sent to 82 property owners and a sign was posted on
the property on October 25, 2013. Staff received one inquiry about the project, but no
opposition to the request.
In summary, the request is consistent with the New Hanover County Zoning Ordinance
and the CAMA Land Use Plan. Staff recommends approval of the proposal with one
condition:
1) Dedication of a twenty (20) foot access easement along the frontage of South
College Road on the subject property for future development of a multi-use path,
consistent with the Wilmington-New Hanover County Comprehensive Greenway
Plan.
Mr. Andrea offered to answer questions from the board.
Vice Chairman Hilla asked if board members had any questions for staff. Hearing none, Vice
Chair Hilla opened the public hearing and recognized the applicant.
Cindee Wolf, of Design Solutions LLC, spoke on behalf of the applicant. Noting Mr. Andrea
had done a great job describing the physical features of the layout, she explained in the early
2000’s prior to the approval of the Saylors Watch Development, the rear section the property had
been ditched and backed up with water so there were wetlands at the rear of the property. After
improvements around the property, including a new pond, the conditions of those lands changed
and they had it revisited by the Corps of Engineers. She stated there are no longer any wetlands
on that portion of the property so the twenty units seemed to be an excellent opportunity for infill
where services and infrastructure are already in place. Ms. Wolf stated her clients were in
agreement with the condition of a twenty foot pedestrian access easement along the frontage and
offered to answer any questions the board may have.
No one else from the public spoke in support of the special use permit modification.
Vice Chairman Hilla opened the opposition portion of the hearing.
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No one from the public spoke in opposition to the proposal.
Chairman Hilla closed the public hearing portion of the meeting.
Andy Heath inquired if the twenty foot easement would be located on property owned by the
homeowners’ association or property owned by the petitioner.
Ms. Wolf explained the petitioner is both the homeowners’ association and the Saylors Watch
Development and they are both in agreement with the condition. The twenty foot pedestrian
access easement is included on the updated site plan, which was not updated in time to be
included in the planning board package. The updated site plan with the 20 foot easement will be
on the site plan forwarded to the County Commissioners.
Tamara Murphy asked if the stormwater pond installed was designed for 82 lots or for 102 lots.
Cindee Wolf explained the stormwater pond was sized for the initial development of 82 lots, but
will pond will be increased during the modification of the stormwater and erosion control permit,
which will bring those items into current compliance based on the new impervious surfaces.
Vice Chairman Hilla asked for a motion from the board.
Tamara Murphy made a motion to recommend approval with the condition of the dedication of a
twenty foot access easement along the frontage of South College Road on the subject property
for future development of a multi-use path consistent with the Wilmington-New Hanover County
Comprehensive Greenway Plan. David Weaver seconded the motion. The Planning Board voted
6-0 to recommend approval of Special Use Permit Modification Request S-525M with one
condition:
1. The dedication of a twenty foot access easement along the frontage of South College
Road on the subject property for future development of a multi-use path consistent with
the Wilmington-New Hanover County Comprehensive Greenway Plan.
New Hanover County Comprehensive Plan: Progress Report #1 – In conjunction with New
Hanover County’s process to create a Comprehensive Plan, this is the first of seven presentations
that will be provided throughout that process to keep the Board abreast of progress and milestones
that have been met. During this presentation, staff will provide a draft of the Public Engagement
Plan that will be utilized to generate authentic public participation in order to ensure that the
planning process engages all segments of the community.
Vice Chairman Hilla stated this portion of the meeting was not a public hearing, although public
comments were welcomed by the board.
Jennifer Rigby presented the first progress report, noting the public engagement portion of the
comprehensive plan was presented at the Planning Board Work Session on November 1, 2013.
She stated she was excited to share with the residents of New Hanover County information about
the Comprehensive Plan and how to become involved in planning for the County’s future.
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Ms. Rigby stated staff realized there are a number of other initiatives currently under way and
many people find it confusing and fragmented. However, these multiple planning efforts are
actually very good for the community. Each plan has a unique and special focus and all of the
plans will ultimately tie together. Staff members for each plan are meeting regularly to discuss
timeframes, common issues, and gather information from each other.
Ms. Rigby stated the planning initiatives should be considered in vertical terms, starting at the
regional level down to the County level and to the City level. Some issues may reach beyond
political jurisdictions and require looking at the entire region to provide a framework for
addressing those issues. An example of that may be water quality, where the watershed may
expand beyond county or city jurisdictions. Similar issues may be better addressed at the county
or city level where specific policies and ordinances can be developed. It is unique for a
community to be able to look at these issues from varying perspectives while creating autonomy
for each planning effort. We are fortunate to be able to address these issues through this vertical
planning process. Ms. Rigby stated these are all very valuable plans that will improve our
community and encouraged citizens to participate in all of these efforts to ensure the community
is the best it can be.
Ms. Rigby explained North Carolina does not have state enabling legislation that requires the
development of a comprehensive plan; however, because we are a coastal community, we are
required to have a CAMA Land Use Plan per the Coastal Area Management Act. The CAMA
Land Use Plan will be a part of our Comprehensive Plan and our Comprehensive Plan will be a
guide that will address our county’s current development trends, determine a vision for how our
community would like to see the county develop over the next 25 years, and determine a plan for
how to achieve this vision.
Ms. Rigby reported the final product will include a future land use map and specific policy
recommendations that will also help guide development over the next 25 years. Through this
effort we will address six themes as they relate to our community:
1) The Livable Built Environment will address issues of the built environment,
including land use, transportation, housing, energy, and infrastructure, and how they
work together.
2) Harmony With Nature will address the contributions of natural resources to human
wellbeing.
3) Resilient Economy will address urban development and redevelopment strategies
that foster business growth and prepare our community for positive and negative
changes in our economic health.
4) Interwoven Equity will address issues of fairness and equality as it relates to housing
and services.
5) Healthy Community will address issues of public health through provisions for
healthy foods, physical activity, access to recreation, healthcare and safe
neighborhoods.
6) Responsible Regionalism will connect plans of adjacent jurisdictions in the
surrounding region.
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Ms. Rigby stated the County had contracted with Renaissance Planning to help create a model
based in an ArcGIS extension called CommunityViz. This is a 3-D model, which will hold four
different development scenarios. The first scenario will be a business as usual scenario. The
second scenario will include a low population growth with a high conservation of land resources,
which is a more suburban type development. The third scenario will be a high population growth
rate with a low conservation of land resources, which is a more sprawling development pattern.
The fourth scenario will be a high growth rate with a high conservation of land resources, which
will be the most urban form of development.
Ms. Rigby announced the community will be able to review the different development scenarios
and determine their preferred scenario. There will be a significant amount of public outreach
involved in this part of the plan so that everyone will have the opportunity to understand the
various scenarios, the benefits and constraints of each scenario, and ultimately help planners
determine the vision for New Hanover County. She explained once the preferred scenario is
created, planners will be able to develop the future land use map, which is the tool used to guide
zoning and development.
Ms. Rigby then shared the timeline for the Comprehensive Plan to enable the public to determine
when and how they would like to offer input.
February 2014: The public launch of the plan will take place through a public meeting.
It will be an opportunity for planners to share with the community the current
conditions, the current population, and historic trends. This will include all of the
baseline data that will help us build the plan. Additionally, this will be the time when
individuals will be encouraged to sign up for the theme committees.
Summer 2014: Planners will be working diligently with the theme committees to
address the current issues, best management practices, and potential policy
recommendations. The citizen advisory committee will also start meeting to vet the
recommendations of the theme committees. Additionally, there will be much work
done at that time on the scenario model.
Fall 2014: Neighborhood meetings will be held throughout the unincorporated part of
the county. This will be an opportunity for individuals to clearly illustrate areas of
stability and areas of opportunity. Staff will also be presenting the various development
scenarios from the CommunityViz model. Surveys will be created and individuals will
have an opportunity to really study the various scenarios and determine the preferred
development pattern.
Winter 2015: A public meeting will be held to present the policy recommendations and
the preferred development scenario. It will be an exciting time for citizens to review
their hard work and to validate their vision and strategy for the future of New Hanover
County.
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Much work will be done after the Winter of 2015 following the public engagement
portion to develop the implementation plan and to address issues as they relate to
CAMA.
The final document of the plan will be ready in late Spring 2015.
Ms. Rigby reported staff and planners have created a number of opportunities for people to
participate in the planning process. Those opportunities include, but are not limited to, public
meetings, an interactive website, an online county forum, theme committees, and a citizen
advisory committee. Staff is working hard to get the word out to the community and while many
traditional methods will be used to communicate with the citizens, staff would also like to
request help from citizens who participate in groups and organizations. Staff will be glad to
speak to groups, and additionally provide speaker’s notes, brochures, and information about the
plan.
Ms. Rigby announced the anticipated public meeting dates begin in February, 2014 and will
conclude in January, 2015. As we move through the process, we may determine that additional
meetings may be necessary; however, we hope this is a general guide and framework of meetings
and dates so that people can make plans to attend.
Ms. Rigby reported staff is excited about the online engagement tool known as Peak Democracy.
Many local governments communicate with their citizens through this tool, which allows staff to
post questions or topics and citizens to respond to the questions and topics in their own time. It
also allows individuals to respond to one another and create an online conversation. One of the
main benefits of this tool is that it offers controls and requires comments to be respectful and on
topic so that individuals are not verbally attacked by others and conversations do not become off
topic.
Ms. Rigby stated as previously mentioned, six themes will be addressed through this plan. Staff
is encouraging all citizens regardless of their background to participate in this empowering
experience. Each Theme Group will meet four times for two hours each. It is anticipated the
meetings will be held over the lunch hour from 11:30 a.m. to 1:30 p.m.; however, that time will
be finalized once the groups get together and determine their preferred time to meet. Each
meeting will have a very specific agenda. The first meeting will be to discuss the issues relating
to the particular theme. The second meeting will discuss best management practices and
successes from other communities. The third meeting will be recommendations for New
Hanover County and the fourth meeting will be to validate the recommendations of the group
and to select one member of the group to represent the entire group on the Citizens Advisory
Committee.
Ms. Rigby commented it is also anticipated there will be webinars and/or field trips planned
throughout the process to help the Theme members have information needed to make
recommendations. For example, one group may ride the bus to understand the issues related to
public transportation.
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Ms. Rigby announced sign-up sheets were available in the foyer and on the table during the
Planning Board meeting and encouraged citizens to sign up. She noted the only requirements for
participation on the committees are your time and an interest in making New Hanover County an
even greater place to be in the next 25 years.
Ms. Rigby stated the Citizen Advisory Committee is another opportunity for citizens to
participate in the comprehensive planning process. The committee will be comprised of the six
individuals selected from the Theme committees, as well as six individuals appointed by the
County Commissioners. This group will meet three times for two hours each, much like the
format for the Theme committees, and each meeting will have a very specific agenda and the
group will be responsible for reviewing all the recommendations from the Theme committees,
reviewing existing policies, identifying conflicts between the different Theme committees, and
finalizing recommendations for the implementation plan. She noted essentially the Citizen
Advisory Committee will help move the recommendations from the Theme committees to the
final policies put forth in the implementation plan. Both of these opportunities, the individual
Theme committees and the Citizen Advisory Committee, are very exciting ways for citizens to
become intimately involved in creating policy direction for our community. Ms. Rigby strongly
urged citizens to consider participating in some way. She also provided her phone number to
obtain more information or to schedule a speaker for a group.
Vice Chairman Hilla thanked Ms. Rigby for her presentation and great work on the
comprehensive plan. Noting her comments regarding several other area comprehensive plans,
Vice Chair Hilla asked if the City of Wilmington had a plan and if they would be working with
the County on their plan.
Jennifer Rigby explained the City does have a comprehensive planning process, which is geared
more toward an urban framework process. County staff is working closely with City staff on
their plan and they are apprised of the County’s plan as well so we intend to work together on
those.
Vice Chair Hilla asked if the City and County intended for their comprehensive plans to be
similar in some ways where appropriate so as not to contradict each other. He also asked if the
surrounding counties would be involved in the County’s plan.
Jennifer Rigby explained that would certainly include the population projections and forecasts
and a lot of the data, which is shared like puzzle pieces. At the end of the day, there will be the
FOCUS Regional Plan, of which New Hanover County will be a part of that plan, and the City of
Wilmington will be a part of the New Hanover County Plan. She explained the surrounding
counties of Brunswick and Pender are involved in the FOCUS Regional Plan, so the County will
be intricately involved with them as well. County staff is holding regular meetings with the
other planning groups to ensure that everyone is aware of the planning processes and determine
where efforts can be coordinated.
David Weaver commended Ms. Rigby on a great process and asked Ms. Rigby to provide more
detail on the national exposure for the County’s comprehensive plan.
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Jennifer Rigby explained that New Hanover County has been selected as one of ten pilot
communities in the nation to help craft standards for comprehensive plans. She noted it is an
exciting opportunity for New Hanover County to be pioneers and help lead the charge.
David Weaver commented the selection speaks very well of the County and its Planning staff. In
regard to the time line for the meetings, he asked Ms. Rigby to elaborate on the process during
that period.
Ms. Rigby explained several neighborhood meetings would be held in September and October of
2014. Staff will use that information in the CommunityViz model to determine the preferred
scenario. The background legwork will take place during that time to prepare to present that
information to the community in January 2015.
Mr. Weaver inquired if the reason there was not a low growth with low conservation scenario
was due to that scenario being identified as the business as usual scenario.
Ms. Rigby confirmed Mr. Weaver was correct, the business as usual scenario refers to a low
population growth with low conservation scenario.
Mr. Weaver asked if the vision for the final product included a land use map, an implementation
plan, and a set of policies similar to the existing CAMA Land Use Plan.
Ms. Rigby explained the final product will depend on the work that comes out of the Theme
committees and the Citizen Advisory Committee, but staff imagines those committees will set
forth policies they would like to see adopted. While they may not go through the formal adoption
process at that point, it will offer a roadmap for the future on how to begin implementing the
plan. The policies will be staged out through the Implementation Plan, which will reflect, for
example, the policies we want to accomplish within the first five years, during the next five
years, etc. She noted much of that work is yet to be determined.
Shawn Ralston added this opportunity allows the County to create a plan. Part of the
implementation of the plan will basically involve crafting a new zoning ordinance. The County
will hold on to many principles in the existing ordinance that are compliant with the plan that is
adopted, but moving forward the zoning ordinance will be a major piece of the implementation
process. Ms. Ralston explained the existing Zoning Ordinance was adopted in 1969 and a plan
was created afterwards, which is not the ideal situation. Normally, the plan would be created first
and then standards would be adopted. Ms. Ralston felt the County was moving in the right
direction.
Vice Chairman Hilla entertained a motion from the board.
David Weaver made a motion to recommend the Planning Board send the resolution forward to
the County Commissioners. Andy Heath seconded the motion. The Planning Board voted 6-0 to
recommend the Planning Board send the resolution validating the public engagement strategy for
the Comprehensive Plan forward to the County Commissioners.
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Chris O’Keefe requested the board clarify the motion regarding the comprehensive plan
resolution.
David Weaver amended his motion to recommend the county commissioners adopt the
comprehensive plan resolution. Andy Heath seconded the amended motion. The Planning Board
voted 6-0 to recommend the County Commissioners adopt the resolution validating the public
engagement strategy for the Comprehensive Plan.
Technical Review Committee Report (October)
Kenneth Vafier reported the County’s Technical Review Committee reviewed the Saylors
Watch site plan during two meetings in October. Those details were provided reported
during the staff report on the Saylors Watch special use permit modification request. The
TRC approved the project, which will move forward for consideration by the Board of
County Commissioners in December.
Vice Chairman Hilla announced the 2014 Planning Board Meeting/Work Session schedule had
been distributed to board members for review.
Shawn Ralston pointed out two changes were made in the regular meeting schedule. The January
meeting was moved to January 9th and the July meeting was moved to July 10th to avoid conflicts
with adjacent holidays.
Chris O’Keefe asked the board to formally adopt the 2014 meeting schedule as proposed.
Andy Heath made a motion to accept the recommended meeting dates as presented. Tamara
Murphy seconded the motion. The Planning Board voted 6-0 to accept the recommended 2014
Planning Board meeting dates.
Vice Chairman Dan Hilla adjourned the meeting at 6:40 p.m.