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12 DECEMBER 2019 PB MINUTES - APPROVED 1 | Page Minutes of the New Hanover County Planning Board December 5, 2019 A regular meeting of the New Hanover County Planning Board was held on December 5, 2019 at 6:00 p.m. in the New Hanover County Historic Courthouse, 24 North Third Street, Room 301 in Wilmington, North Carolina. Members Present Staff Present Donna Girardot, Chair Wayne Clark, Planning & Land Use Director Paul Boney, Vice Chair Ken Vafier, Planning & Land Use Manager Colin J. Tarrant Brad Schuler, Senior Planner H. Allen Pope Rebekah Roth, Senior Planner Jeffrey B. Petroff Gideon Smith, Current Planner Ron Meredith, Current Planner Absent Rachel LaCoe, Workforce Housing Planner Ernest Olds Sharon Huffman, Deputy County Attorney Thomas ‘Jordy” Rawl Chair Donna Girardot called the meeting to order at 6:00 p.m. Planning Manager Ken Vafier led the Pledge of Allegiance. Chair Girardot read the procedures for the meeting and welcomed the audience. 1. Rezoning Request (Z19-14) – Request by Logan Developers, Inc. on behalf of the property owners, Murray, Spradley, Foy, et al, to rezone approximately 52.39 acres of land located near the 8300 block of “Old” Market Street and the 8300 block of Shiraz Way, from R-15 and R-20, Residential Districts, to (CZD) RMF-L, Conditional Residential Multi-Family Low Density District, in order to construct a residential development consisting of multi-family, duplex, and single-family housing. Board Member Colin J. Tarrant requested recusal from the item due to a professional conflict. Vice Chair Paul Boney made a MOTION, SECONDED by Board Member Jeffrey B. Petroff to recuse Mr. Tarrant. The motion to recuse Mr. Tarrant carried 4-0. Chair Girardot opened the public hearing and asked the applicant if she wanted to address the Board. Land Planner and Landscape Architect, Allison Engebretson representative for Logan Developers, Inc., requested permission for a continuance to make changes to the site plan to lower density. She stated they also wanted to make a few other changes that may help with some of the neighbors’ opposition. Board Member Jeffrey B. Petroff made a MOTION, SECONDED by Board Member H. Allen Pope to grant continuance to the applicant to move to the January 9, 2020 Planning Board Meeting. The motion for continuance carried 4-0. 2. Rezoning Request (Z19-10) – Request by TDR-HL, LLC, to rezone approximately 6.58 acres of land located north of the existing Hanover Reserve subdivision, in the 7300 block of Springwater Drive, from R-15, Residential District, to R-5, Moderate-High Residential District. Current Planner Gideon Smith stated the proposed rezoning was tabled from the October 3, 2019 meeting due to concerns regarding access and traffic impacts to the existing roadway network. He provided an update of the rezoning request pertaining to location, land classification, access, level of service and zoning. He showed maps, aerials and photographs of the property and surrounding area along with an overview referred to in the staff report. He concluded by stating the property was within the Community Mixed Use place type and aligned with the plan by providing more diverse housing. Chair Girardot opened the public hearing and acknowledged the applicant. 2 | Page Land Planner Cindee Wolf of Design Solutions, LLC, representative for the applicant, stated that the previous site plan only provided access at Springwater Drive which had been a major concern of the Board at the October 2019 public hearing. She stated that since then, the applicant had added approximately 1.3 acres to the area proposed for rezoning that allowed an additional access point at Murrayville Road. She presented a conceptual performance development site plan for a townhome community as an example of possible future development and noted that any future development under the R-5 zoning would require it follow the current subdivision regulations and also require it go before the Technical Review Committee (TRC). She summarized by stating the proposed R-5 rezoning was consistent, reasonable and in the public interest because it would foster sustainable growth and maximize land use efficiency. She stated it would also provide infill development on an under-utilized tract of land where utilities and road improvements already existed. She concluded by introducing Mr. William Bland, President, Hanover Reserve Company, Inc. who spoke in support of the project. He stated that the proposal would encourage community business in an area that was predominately single family homes. Chair Girardot opened the opposition portion of the public hearing. Ms. McLearie, resident of Murrayville Road stated she was not necessarily opposed to the project but wanted to bring attention to drainage, erosion and traffic issues in the area. She summarized by saying, there were problems that needed to be addressed before new development began. She stated the nuisance concerns had occurred, such as dumping at the end of Murrayville, as result of the gate at the end of the road had been left unlocked. She concluded by stating change was inevitable but that she wanted to bring to light some of the issues that she and her neighbors observed daily. Chair Girardot closed the opposition and opened to applicant rebuttal. In response, Ms. Wolf said she appreciated Ms. McLearie’s comments and that the applicant was aware of the stormwater issues. Ms. Wolf stated, that most types of those problems were remedied by the detailed design and construction in a new development because it had to abide by both county and state stormwater regulations. She stated it was not the Hanover Reserve construction traffic that had been creating the traffic at the end of Murrayville Road but rather the contactors that were working on the Military Cutoff extension project and therefore would stop when the extension is complete. Chair Girardot opened to opposition rebuttal. Ms. McLearie stated that the construction workers do go back and forth using Murrayville Road and invited anyone to come and sit at her kitchen window to observe the daily activity. Chair Girardot closed the public hearing and opened the floor for Board discussion. Mr. Boney thanked Ms. McLearie for her time and coming forward to present issues that may help the applicant to become a better neighbor. Mr. Boney made a MOTION, SECONDED by Mr. Pope to recommend to the Board of Commissioners to APPROVE the proposed rezoning to a R-5 district. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal was in line with the density range of the Community Mixed Use place type, provided an orderly transition between the existing lower density residential areas and the anticipated higher intensity development adjacent to Military Cutoff Road, and provided for a range of housing types near an anticipated major roadway. They also found APPROVAL of the rezoning request was reasonable and in the public interest because the proposal supports opportunities for more affordable housing and assisted with providing a range of housing types to the area. The motion to approve carried 5-0. 3. Rezoning Request (Z19-16) – Request by Gary Moore to rezone approximately 1.56 acres of land located at 7824 Myrtle Grove Road and 6751 Carolina Beach Road from R-15, Residential District, to (CZD) O&I, Office and Institutional District, in order to develop a recreational vehicle and boat storage lot. 3 | Page Current Planner Gideon Smith, provided information pertaining to location, land classification, access, level of service and zoning. He showed maps, aerials and photographs of the property and surrounding area along with an overview referred to in the staff report. He concluded by stating the subject site was within the community mixed‑use place type and was consistent with the Comprehensive Plan because it would provide appropriate service to an area with a potential commercial growth node at the intersection of Carolina Beach and Myrtle Grove Roads. Chair Girardot opened the public hearing and recognized the applicant. Gary Moore, Property Owner and applicant of 7651 Carolina Beach Road, presented a conceptual plan of the proposed conditional rezoning which would allow for an outdoor boat and RV storage lot with a maximum of 51 parking spaces. He explained there would be two washdown areas, and two infiltration basins placed along the four corners of the property to address storm water runoff. He stated there would be minimal paved area to also help keep the water runoff to a minimum. He stated there was a Live Oak on the front of the property that would remain in the design plan and that the buffers would be consistent with the O&I designation. Chair Girardot opened the floor to questions from the Board. Board members requested additional information on the type of base that would be used for the parking area and the size of the travel lane. In response to Board questions, Mr. Moore stated that large aggregated stone would be used and that the travel lane was 24- feet wide. Chair Girardot opened the opposition portion of the public hearing. Richard Cook, resident of Myrtle Grove Road, spoke in opposition of the proposed rezoning for an outdoor boat and RV Storage. He stated that he was concerned it would affect his property value. Jay Hudson, resident of Carolina Beach Road stated that he was a mobile home park property owner across the street and was opposed to the project being developed in a residential area. He added that the reason the subject issue property had not been developed for residential was because there was no water or sewer accessible. Chair Girardot opened to applicant rebuttal. In response to resident concerns, Mr. Moore stated that he disagreed that it would negatively affect property value in the area. He stated that in New Hanover County land that is zoned for mixed-use usually sells for a higher price than an R-15 residential area. Chair Girardot closed the public hearing and opened the floor for Board discussion. Board members indicated several concerns with the proposal. They were concerned that the width of the travel lane and vehicles traveling south bound having to make a U-Turn to enter the site posed a traffic safety issue. The Board also indicated since the area wasn’t lacking in boat storage facilities the property may be better utilized for residential with the lack of affordable housing in the area. Mr. Tarrant made a MOTION, SECONDED by Mr. Boney to DENY the proposed rezoning to a (CZD) O&I District. While the Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it was an appropriate service to be located in close proximity to the potential commercial node at the intersection of Carolina Beach and Myrtle Grove Roads and existing residential neighborhoods, they found DENIAL of the rezoning request was reasonable and in the public interest because the proposal was not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhoods. The motion to deny was unanimous 5-0. 4 | Page 4. Text Amendment Request (TA19-04) – Request by New Hanover County to amend the Zoning Ordinance, Subdivision Ordinance, Mobile Home and Travel Trailer Park Ordinance, Airport Height Restriction Ordinance, and Flood Damage Prevention Ordinance. The proposed ordinance will clarify provisions to reflect current practice and reorganize and consolidate the separate codes into a Unified Development Ordinance. Senior Long Range Planner Rebekah Roth provided a summary of the proposed amendment, which consolidated five existing development codes into one unified format. She stated it was the culmination of the second phase of the County's Development Code update. She stated that this phase was not intended to change the regulations that would apply to properties but rather it was a reorganization and clarification of current practices that will provide the ordinance structure needed for the targeted code updates in phase three of the project which all was referred to in the staff report. Chair Girardot opened the floor to speakers in opposition. Julia Worth, resident of Bald Eagle Lane expressed a concern regarding a proposed clarification to the definition of a boat. She stated the modification would affect the result of a lawsuit pertaining to property at Bald Eagle Lane. She requested the definition remain the same. After a lengthy discussion, the Planning Board requested staff consider the proposed definition amendment and potential standards for personal watercraft storage as part of the phase three of the project. Mr. Petroff made a MOTION, SECONDED by Mr. Boney to recommend to the Board of Commissioners to APPROVE the proposed amendment consolidating New Hanover County's Zoning, Subdivision, Mobile Home and Travel Trailer, Airport Height Restriction, and Flood Damage Prevention Ordinances into one unified development ordinance, with the exception of the proposed amendment to the definition of “boat” which would remain as is. They found it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it will provide the framework for the code updates the plan recommends. They also found APPROVAL of the proposed reorganized code reasonable and in the public interest because it clarifies the current practices in the county's development regulations for stakeholders and code users. Motion to approve carried 5-0. OTHER BUSINESS: Approval of November 2019 Minutes Board Member Mr. H. Allen Pope made a MOTION, SECONDED by Board Member Jeffrey B. Petroff to APPROVE the November 2019 minutes as drafted. Motion to approve carried 5-0. With no other business, Chair Donna Girardot adjourned the meeting at 8:00 p.m. Please note: that the above minutes are not a verbatim record of the New Hanover County Planning Board Meeting. .