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HomeMy WebLinkAbout200811 NovPBMMinutes of the New Hanover County Planning Board November 6, 2008 The New Hanover County Planning Board met Thursday, November 6, 2008 at 5:30 p.m. in the Assembly Room of the Historic County Courthouse, Wilmington, NC to hold a public meeting. Planning Board Present: Melissa Gott, Chair Sandra Spiers, Vice Chair Richard Collier Sue Hayes Andy Heath Jay Williams Absent: Ken Wrangell Staff PrPCPnt- Chris O'Keefe, Planning Director Sam Burgess, Principal Development Planner Karyn Crichton, Administrative Specialist Jane Daughtridge, Senior Planner Sharon Huffman, Assistant County Attorney Shawn Ralston, Senior Environmental Planner Melissa Gott opened the meeting by welcoming the audience to the public hearing. Chris O'Keefe led the reciting of the Pledge of Allegiance. Richard Collier made a motion to approve the October minutes. Andy Heath seconded the motion. The Planning Board voted 6-0 to approve the minutes. Item 1: Conditional Rezoning (Z-891, 11/08) - Request by Shanklin and Nichols, LLP for Atlantis Holdings and others to rezone approximately 29 acres in the Urban land classification south of St. Andrews Drive on the east side of Carolina Beach Road from CD(B-1) and R-15 to CD(B-1) and CD(B-2) at Belle Meade Plaza. Current CD(8-1) was approved under Z-821 in December 2005. The change would allow a limited range of retail, office and residential uses and would add Movie Theater as an allowable use in the CD(B-2) portion of the project. Jane Daughtridge showed maps and photographs of the property and of the surrounding area. Ms. Daughtridge provided information pertaining to land classification, access, levels of service, and zoning. Ms. Daughtridge showed the current approved site plan and the proposed site plan. Ms. Daughtridge provided the following summary: STAFF SUMMARY The subject property is located in the southern portion of the county in an area classified as Urban on the 2006 CAMA Land Classification map. The property is accessed from Carolina 1 Beach Road, an arterial roadway. Traffic counts in the area show about 15% increase in average daily traffic between 2004 and 2006. Carolina Beach Road has a 2007 LOS of E, meaning the road is operating at its design capacity. The property is located about a mile from the Monkey Junction commercial area. The northern boundary lies along the jurisdictional line with the City of Wilmington. Much of the surrounding area otherwise is zoned for residential use. Colonial Grande Apartments border the property inside the City jurisdiction. Belle Meade Plantation subdivision is developing to the north. A personal care/independent living facility has also been approved to the east. Southeast of the site remains scattered residential acreage. Across Carolina Beach Road is the Silva Terra Subdivision, the Moose Lodge and County EMS facility. The subject property is located within the area under consideration for annexation by the city. It is in Barnard's Creek watershed drainage area which is classified C; Sw. The property is not within the 100 year flood zone. Soils are primarily Class II or III with limitations for septic systems, however, public water and sewer will serve this site. Chris O'Keefe recommended approval of the conditional rezoning request because the proposed project would provide goods and services to the surrounding area and contains good access and interconnectivity from the property to public streets. Mr. O'Keefe provided the following land use plan considerations: Land Use Plan Considerations: In 2005 under case number Z-821, a 24 acre site was zoned Conditional (B-1)for a neighborhood business mixed use proposal with about 290,500 sq. feet of space in 18 two-story buildings to be used for a limited range of office, retail and residential uses listed on the approved site plan. Movie theaters, hotel/motel, convenience stores and automobile service stations were expressly disallowed in the 2005 conditional district special use permit. This rezoning petition proposes three changes to the currently approved project: 1. Approximately 12 acres currently zoned CD(B-1) and extending southeasterly along Carolina Beach Road from St. Andrews Drive is proposed to be rezoned to CD(B-2) for the purpose of mixed use development that would include a movie theater. The remaining uses would be limited to the same B-1 list as currently approved. 2. Approximately 13 acres would remain zoned CD(B-1) including the original list of uses, but the site plan would be redesigned. 3. Approximately 4.5 acres currently zoned R-15 would be rezoned to CD(B-1) and would be added to the redesigned site plan noted above and subject to the same limited list of uses. The proposed changes would increase the acreage for this project but would reduce overall square footage of the currently approved development from 290,536 to 280,971 sq. ft. and the 2 number of buildings from 18 to 15. No other change in the list of approved uses has been proposed by the applicant other than addition of a 2,626-seat movie theater. The 2005 approval required addition of collector streets with interconnectivity to Pine Hollow Drive and Saint Andrews Drive. This interconnectivity provides substantial circulation options for motorists accessing or exiting the shopping area. NCDOT required a traffic signal and additional improvements to satisfy congestion management for the 2005 proposal and most of those improvements have been installed. An updated TIA indicated that turn lanes will be required at the right-in/right-out driveway on Carolina Beach Rd. for the CD(B-2) portion and also internal turn lanes exiting the parking lots onto Matteo Drive. Several policies in the 2006 Land Use Plan support properly sited mixed use development that through design can lessen dependence on the automobile and reduce vehicle miles traveled on our roadways. The application did not provide an estimate of a future residential population. Conditional districts are designed for firm development proposals and require site specific plans to be approved as special use permits, thus providing maximum protection and predictability. The 2006 Update of the Joint CAMA Plan describes the purpose of the Urban class as providing for continued intensive development at a density approaching 1,500 dwelling units per square mile ...Mixed use, cluster and higher density development may be appropriate in Urban areas. The subject property has signalized access to the US 421/Carolina Beach Road arterial and interconnectivity to public streets feeding into 17th Street Extension and S. College Road. New and existing development in this vicinity will be served by the goods and services proposed. For this reason, staff recommends approval. Chris O'Keefe provided the following findings of fact: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public utilities are available to the site. B. Fire Service is provided by the Myrtle Grove FD. C. The property is not located in a flood hazard area D. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on site. A traffic impact analysis was prepared for this proposal, indicating that the right in-right-out driveway for the CD(B-2) portion will require a turn lane, and internal turn lanes will need to be added exiting the parking lots onto Matteo Drive. New collector streets as shown on the site plan, and other congestion management improvements as required by NCDOT have been installed at the site. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The 25 acre site is currently vacant land zoned CD(B-1) and the 4.5 acre proposed addition is residential land zoned R-15 . This request is made concurrent with conditional rezoning to CD(B-2) for 11.77 acres in order to add a 2,626-seat movie theater to the list of allowable uses, and CD(B-1) on the remaining 18 acres. B. A table of allowed uses for each zoning portion has been included on the proposed site plan. C. Parking is proposed at 1,393, which exceeds the minimum requirements of the ordinance by 162 spaces. D. Community information meetings were held by the applicant for surrounding property interests on 4 occasions prior to the Planning Board meeting. E. Buffers will meet or exceed the requirements of the ordinance. 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. No evidence has been submitted that this project will decrease property values of adjacent parcels. 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 2006 Update of the Joint CAMA Plan describes the purpose of the Urban class as providing for continued intensive development and redevelopment of exiting urban areas where urban services are in place or scheduled within the immediate future. B. The proposal is not inconsistent with the policies relating to mixed use developments in proximity to the populations they serve. STAFF COMMENTS: Staff feels these findings are positive. Mr. O'Keefe added that the Planning Department received written comments from community members regarding traffic speed and volume presently existing on Pine Hollow Road. 4 Matt Nichols an attorney representing the applicant Atlantis Holdings, LLC, et al provided a PowerPoint presentation detailing their proposal to modify and expand their 2005 approved site plan. Mr. Nichols requested that approximately 12 acres be rezoned from conditional use (B-1) to conditional use (B-2) to accommodate a movie theatre and approximately 4.5 acres be rezoned from R-15 to conditional use (B-1) for retail and office space. Mr. Nichols showed both the approved and proposed site plans as well as artistic renderings to illustrate the style of the proposed development. Mr. Nichols stated that they have received a firm commitment from the Stone Theater Group to operate the movie theatre. Mr. Nichols added that they have held four neighborhood meetings to inform the community and address concerns. David Fex, a Pine Hollow Drive resident expressed concern about the current volume and speed of traffic along Pine Hollow Drive and felt that the establishment of a movie theater would exacerbate the problem especially given that theaters have extended hours of operation. Mr. Fex asked the board to consider ways of slowing traffic along Pine Hollow Drive or replacing street connectivity entirely with a walking trail. Mr. Fex showed a map to illustrate how Pine Hollow Drive is used as a connector between College Road and Carolina Beach Road. John Hayes, a McGinnis Lane resident and spokesperson for the Belle Meade Homeowners provided a PowerPoint presentation that detailed the community's concerns regarding the current volume and speed of traffic along Pine Hollow Drive. Mr. Hayes applauded the development of a movie theater and thought it would increase the value of his property but was concerned that it would also increase the traffic problem. Mr. Hayes submitted a petition to reduce the speed limit along Pine Hollow Drive to 20 mph. Steve Spinola, Pine Hollow Drive resident expressed concern regarding the current speed of traffic along Pine Hollow Drive and stated that his family has had several near misses due speeding. Mr. Spinola suggested that some type of traffic calming device be installed such as speed humps. Adam Hooks, Pine Hollow Drive resident expressed concern regarding the excessive speed of cars along Pine Hollow Drive and noted that the increase in traffic is due to the road's connection between College and Carolina Beach Roads. Mr. Hooks stated that there need to be an alternative access to help reduce the traffic along Pine Hollow Drive. John Hayes stated that the NCDOT stated that the speed limit should be approximately 25 mph. Mr. Hayes stated that he would like to have speed humps installed and have speed limits enforced by police patrol along Pine Hollow Drive. Matt Nichols stated that his clients desire to work with the neighborhood to address the traffic issues. John Davenport a traffic engineer with Davenport Engineering stated that his firm conducted a traffic impact analysis for the project and that most of the recommended road improvements are already in place; capacity issues have been mitigated; and recommended that a right turn lane be installed leading onto Carolina Beach Road. In addition to the four roundabouts, Mr. Davenport proposed several additional physical barriers to slow traffic including painted bike lanes and constructing the roundabouts in a way that forces traffic to slow down. Jay Williams asked Mr. Davenport what was the width of Pine Hollow Drive beyond the proposed development and why he thought Pine Hollow Drive was dedicated but not accepted into the NCDOT's street maintenance system. John Davenport stated that the road's width is 32 feet and that they are proposing 4-6 foot bike lanes plus 11 foot wide travel lanes for vehicles. Howard Capps a landscape architect stated that Pine Hollow Drive has not been accepted by NCDOT into their system is because the developer has never submitted it. Mr. Capps also stated that the NCDOT stated that Pine Hollow Drive is not up to NCDOT standards and would require improvements before It will accept it. John Davenport added that the proposed traffic calming treatments would be acceptable to NCDOT. Andy Heath asked if the section of Pine Hollow through Belle Meade was a private road and if there would be any issue connecting a private and public road. John Davenport stated that the section as a private street in the sense that the NCDOT did not maintain it and that it would not be any issue with connecting the two streets. Richard Collier asked if the median still existed at the intersection of Pine Hollow and Carolina Beach Road which forces drivers to turn right. Mr. Collier also asked who was the developer for the residential component of Belle Meade Plantation. John Davenport stated that the median was still in place and would remain. Mr. Davenport also summarized the details of the travel lanes explaining that striped bike lanes would be created and devices to slow traffic within the roundabouts which would also be acceptable to NCDOT if and when they incorporate the roads into their system. Matt DiGioia, the developer for the commercial project stated that his master plan indicates that primary access to his development be from Carolina Beach Road and that he was required to make $750,000 worth of improvements to Carolina Beach Road. Mr. DiGioia stated that his development would provide goods and services for the surrounding area; created $60 million dollars in construction work; and will create permanent jobs and contribute to the tax base for New Hanover County. 6 Bill Hatcher resident of Pine Hollow Drive stated that he is in favor of Mr. DiGioia's project but felt that there are better ways to slow traffic along Pine Hollow Drive than what has been proposed by Mr. DiGioia. Mr. Hatcher suggested chokers and diverters to slow traffic along Pine Hollow Drive. Julie Biggerstaff, resident of Pine Hollow Drive requested that mitigation of these traffic issues should be a condition of approval of the theatre. Ms. Biggerstaff stated that there are many children that live and play along Pine Hollow Drive and stated that if the traffic issues cannot be resolved than she would not support the establishment to the movie theater. David Fex stated that the intersection of Pine Hollow Drive and College Road is a bus stop for school buses. Mr. Fex added that Mr. DiGioia stated that he was amenable to restricting Pine Hollow Drive to bicycle and pedestrian traffic only. Sue Hayes asked what was the difference between the proposed plan and the 2005 plan which contained a movie theater but was denied. Sandy Spiers stated that her recollection was that the movie theater was pulled not rejected from the site plan because there was no firm commitment from a movie theater operator at the time. Ken Shanklin, an attorney for the applicant stated that in 2005, there was not a contract in place with a movie theater operator and concrete plans are required for conditional rezonings. Melissa Gott asked staff if interconnectivity was a requirement and Sandy Spiers asked if a diverter minimized the effectiveness of interconnectivity. Chris O'Keefe stated that a diverter would lessen the effectiveness of interconnectivity and that the Planning Board could recommend the removal of connectivity or additional traffic calming devices. Mr. O'Keefe stated that there is valuable information in the traffic impact analysis (TIA) that was prepared for the project however because it was submitted late, staff has not had an opportunity to fully study it. Mr. O'Keefe recommended to the Board that they ask the petitioner to explain the results of the TIA and to indicate whether they found that more people will choose to take Pine Hollow Drive to access the movie theater. Sandy Spiers asked Mr. Davenport if he thought a diverter would help with the traffic issues. Ms. Spiers also asked if the improvements to Carolina Beach Road were in place or if traffic issues would improve soon thereafter their installation. 7 John Davenport stated that the improvements on Carolina Beach Road are already in place and residents are still experiencing traffic issues. Mr. Davenport stated that the roads can handle the volume but that people will still be upset because traffic outside their homes increased when the street became a connector street. Mr. Davenport added that if the Board turns down the proposal, you also turn down all the slated road improvements. Richard Collier asked how Pine Hollow Drive is sub standard? John Davenport stated that it is in decent condition but have not been hired to conduct core samples which would indicate the thickness of the asphalt and thus indicate the road's condition and perhaps predict is lifespan. Mr. Davenport added that NCDOT will not accept road which contain speed humps. Richard Collier asked if the speeding occurred at the 32 foot or 12 foot section along Pine Hollow Drive. Mr. Collier asked Mr. Davenport for more specifics regarding the proposed traffic calming devices (i.e., speed humps and roundabouts) and traffic counts. Mr. Collier asked Mr. Davenport if traffic counts were taken continuously to ascertain what hours generated the heaviest volume and asked him to predict the route that movie theater patrons would take. John Davenport explained that the current speeding occurs within the 32 foot section and that roundabouts can be constructed in such a way to further slow down cars. Mr. Davenport added that any traffic calming devices or road improvements should be constructed so that the DOT will accept the roads in the future. Mr. Davenport stated that they took traffic counts during peak hours and that he personally observed very little traffic along Pine Hollow Drive during non-peak hours. Mr. Davenport stated that the majority of the traffic would be dispersed out onto Carolina Beach Road and 15% onto St. Andrews Drive. Richard Collier suggested modifying the site plan so as to sever the connection from the roundabout to the parking lot directly in front of the proposed theater. Matt DiGioia stated that closing the connection to the roundabout will not prevent people from using Pine Hollow Drive. Mr. DiGioia felt that it was most important to provide as many access points to help people exit the parking lot and get them out onto the major roads. Mr. DiGioia added that the stacking that they have provided in their plan meets or exceeds the standards. Richard Collier stated that closing off the parking lot to the roundabout may cause enough of a delay to act as a deterrent to those who would choose to take Pine Hollow Drive but do not live on Pine Hollow Drive. Matt DiGioia stated that he would consider the suggestion. Sandra Spiers questioned if the Planning Board had the ability to control the speed along Pine Hollow Drive. Ms. Spiers suggested placing speed bumps along the 30 foot stretch of Pine Hollow Drive as a way to slow traffic in the event the NCDOT does not accept the road. Chris O'Keefe stated that Pine Hollow Drive was supposed to have been turned over to NCDOT but for various reasons that has not taken place. Mr. O'Keefe stated that the homeowners may still petition NCDOT and Planning staff and the Planning Board could provide support of the petition. Mr. O'Keefe added that DOT does not accept public streets that include speed bumps. For speed bumps to be included the developer or the HOA would have to petition TRC to change the road designation from Public to Private. Jay Williams commented that he empathizes with the residents' concerns; interconnectivity is designed to alleviate congestion along our roadways but at the same time potentially increasing traffic in a neighborhood. Mr. Williams stated that interconnectivity is an issue that he often struggles with and it can be a catch-22. Richard Collier confirmed with staff that the petitioner's request is to add only one use (indoor theater) to the CD(B-2) portion and that the original approved uses as designated on the original site plan remain in effect. Sandra Spiers stated that she felt that the proposed services are needed in the southern part of the county; the proposed development is located along a major thoroughfare and is consistent with the CAMA plan; and that the developer has done all he can do to divert the traffic from Pine Hollow Drive. Sandra Spiers made a motion to recommend approval of the rezoning requests. Jar Williams seconded the motion. The Planning Board voted 6-0 to recommend approval of the rezoning. Sandra Spiers made a motion to recommend approval of the special use permit with the following conditions: 1. The addition of only one use (indoor theater) to the CD(B-2) portion and that the original approved uses as designated on the original site plan remain in effect. 2. Improve the two roundabouts in the Belle Meade residential development to slow traffic (e.g. raised reflective devices, rumble strips, etc). 3. Install 3-way stop at Split Rail and Pine Hollow Drive if acceptable to NCDOT and stripe the bike lanes along Pine Hollow Drive (Richard Collier). The petitioner accepted the conditions and will pay for the expenses Melissa Gott asked if the Belle Meade Plantation Homeowners Association needed to agree to these conditions and whether that statement needed to be included as a condition of the motion. 9 John Hayes stated that there was currently not a homeowners association. Mr. Hayes asked if the Planning Staff was to condition a traffic diverter in their motion. Richard Collier stated that he would like to have staff discuss a diverter but could not make it a condition at this time. Richard Collier seconded the motion. The Planning Board voted 6-0 to recommend approval of the special use permit with conditions. Item 2: Modification of Special Use Permit (S-531M, 11/08) - Request by New Hanover County Schools to modify a special use permit for child daycare center at 4905 S. College Road to increase the allowable number of children from 100 to 144. Current permit was approved in July 2005 at this location for Hope Child Care Center. Jane Daughtridge provided a brief history of the existing special use permit stating that it was originally approved in July 2005 for the Hope Child Care and Development Center. Ms. Daughtridge explained that the New Hanover County School System recently acquired the property and is continuing to operate the facility as a preschool daycare but is requesting to modify the special use permit to increase the enrollment beyond the currently approved 100 children. Ms. Daughtridge stated that the school system does not intend to construct or operate a family life center as indicated on the original site plan and has removed it from the proposed site plan. Jane Daughtridge showed maps and photographs of the property and of the surrounding area. Ms. Daughtridge provided information pertaining to land classification, access, levels of service, and zoning. Ms. Daughtridge showed the proposed site plan. Chris O'Keefe summarized the site's history and read the original conditions associated with the existing special use permit. Mr. O'Keefe recommended provided the following staff findings: Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer serves the property. B. The property accesses S. College Road, an identified arterial through a single driveway. 10 C. Level of Service on S. College Road is rated F meaning the traffic exceeds capacity. D. Traffic Impact Analysis is not required because peak hour traffic generation for the added students is below the 100 peak hour trip threshold for TIA. E. Fire Service is available from the Myrtle Grove Fire Department. F. The property is not located in a flood hazard area. G. The facility is an existing daycare. H. Total area of the site is 4.04 acres. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. B. The existing special use permit was issued in July 2005 for up to 100 children and includes several conditions. The school system has acquired the property and desires to continue a daycare use but wishes to increase allowed enrollment up to 144 students. The family life center originally shown on the approved site plan is no longer planned for the site. C. Off-street parking requirements meet or exceed the requirements of Article VIII of the New Hanover County Zoning Ordinance. D. The play area must be enclosed by a fence with a minimum height of four feet. The site plan shows a play area to the west of the building. E. The day care is licensed by the State of North Carolina. F. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted. G. All other local, state and federal requirements must be met. 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. Child care facilities exist in other residential districts in New Hanover County. The location has facilitated an operating daycare for several years. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Surrounding property is zoned R-15 C. An existing stormwater pond is located on site. Overall imperious area would be reduced by the elimination of the family life center from the permit. 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. 11 A. The 2006 Land Use Plan Update identifies this area as Transition, which provides for future intensive urban development where necessary services are provided. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs, but Policy 4.1 encourages designation of sufficient land area and suitable locations for the various land use types. Growth in our area has increased demand for child care services. Staff Comments: Other applicable pre-existing conditions should remain in effect: 1. The gate located at the rear of the daycare facility and adjacent to Foxwood Lane will be utilized for emergency access purposes only. 2. Operating hours for the daycare facility will be 6 a.m. to 6 p.m. 3. Lighting around the daycare facility will not be intrusive to adjoining property. Mr. O'Keefe stated that staff received one phone call regarding this proposal which inquired about one of the original conditions of the permit which required that the rear gate be closed at all times except during an emergency. Carmen Gintoli, Director of Facility Planning, New Hanover County Schools stated that he is requesting a modification to the existing special use permit to care for the maximum number children (144) so that the daycare center may receive a five star rating. Mr. Gintoli stated that there are no changes to the building or the site plan and that the original conditions of the permit will remain in effect. No one spoke in opposition Sue Hayes made a motion to recommend approval of the special use permit with conditions stated by staff. Jay Williams seconded the motion. The Planning Board voted 6-0 to recommend approval of modification to the special use permit. Item 3: Castle Hayne Neighborhood Plan - Review and recommendation of the final draft plan for the Castle Hayne Community. Chris O'Keefe provided a brief background of the Castle Hayne plan stating that the process began over a year ago and recognized staff for their efforts. Shawn Ralston gave a PowerPoint presentation of the Castle Hayne Plan. Ms. Ralston explained the purpose of the plan and why the plan was created; provided the boundaries of the plan; showed zoning and land classification maps of the study area; provided a timeline of the plan; provided survey results; identified the various issues discussed by the Castle Hayne Task Force 12 and subcommittees; and provided a summary of the issues and recommendations. Ms. Ralston also summarized the plan's implementation strategies. Melissa Gott thanked staff and the community for their hard work on the plan. Sue Hayes questioned the appropriateness of the large amount of industrial zoning in the Castle Hayne area and wondered if the County should consider rezoning some of the industrial zoning. Chris O'Keefe stated that the community did not recommend rezoning the industrial areas. Mr. O'Keefe added that acreage of industrially zoned land is diminishing and that future industrial business depends on the availability of appropriately zoned areas. Sue Hayes stated that she did not intend to suggest removing the industrial zoning but asked if staff considered whether industrial zoning is appropriate in certain areas of Castle Hayne. Staff stated that they did look at the zoning and that it is difficult to rezone industrial areas that are currently being used for industrial purposes. Sue Hayes asked staff if they considered the appropriateness of zoning of vacant lands. Chris O'Keefe stated that, that issue was not suggested by staff or the task force. Mr. O'Keefe reminded the Board of a recent effort to rezone a small parcel of 1-2 that was in the middle of residentially zoned area of Castle Hayne. That effort was not supported by the County Commissioners. Jay Williams asked to what degree did Pender County participate in the plan's development and would they be a partner to the plan's implementation. Mr. Williams added that across the river there is a vast area of undeveloped woodlands and stated that the area is going to be a dense population one day. Mr. Williams suggested that further overture should be made to let Pender County participate in the planning process. Shawn Ralston stated that staff informed Pender County of the Castle Hayne planning process but that Pender County could not devote a lot of time to the Castle Hayne Plan because they are in the midst of creating their own development ordinance currently. Ms. Ralston added that ideally staff would like to work more closely with Pender County but currently the environment is not right for it. Chris O'Keefe stated that the Castle Hayne Plan anticipates residential density across the river thus supporting the Plan's commercial corridor district. Teresa James Castle Hayne resident thanked the Planning Department and the community for their efforts to create the Castle Hayne Plan. Ms. James stated that the Plan is a positive foundation and first steps to build the Castle Hayne community today and into the future. Ms. 13 James stated that the plan provides valuable information and ideas such as the Heritage Tree program and Farmers Market. Steve Gause, Castle Hayne resident and Steering Committee member stated that Castle Hayne is a very unique area, with a tremendous amount of history and culture that needs to be protected and preserved. Mr. Gause thanked staff for their efforts in bringing the much need attention to the Castle Hayne area. Sue Hayes made a motion to recommend that the County Commissioners adopt the Castle Hayne Plan as a guiding document for the decisions made in the Castle Hayne community. Richard Collier seconded the motion. The Planning Board voted 6-0 to recommend adoption of the Castle Hayne Plan. Sam Burgess provided an update of the Technical Review Committee's (TRC) activity for the month of October. 1. Ryan's Cove - The TRC voted 5-0 to approve the project for 23 multi-family townhomes with the following conditions: A. That the property owners located near the Intracoastal Waterway and depend on the access in Ryan's Cove join the HOA or at the very least a road maintenance agreement. B. A completed and approved NCDOT Driveway Permit will be required prior to final plat approval. C. No gates or other obstructions will be allowed that may inhibit emergency access delivery. D. The road stub displayed on the south side of the project be constructed prior to final plat approval. E. Environmental Health septic tank improvement permits will be required prior to final plat approval. F. Low Impact Development techniques for the project will be utilized. 2. The Atrium @ Middle Sound Right of Way Dedication -The TRC voted 5-0 to approve the right of way dedication plan proposal with the following conditions: A. That the new road carry the Middle Sound Road name and be labeled "public." B. An approved NCDOT Driveway Permit will be required prior to final plat approval. C. 30' utility easements shown on a previous map be displayed. Mr. Burgess stated that the Technical Review Committee will meet next on November 12, 2008. 14 Richard Collier made a motion to adjourn the meeting. Sandra Spiers seconded the motion. The meeting adjourned at 8:30 p.m. 15