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HomeMy WebLinkAboutFEBRUARY 6 2020 MINUTES 1 | Page Minutes of the New Hanover County Planning Board February 6, 2020 A regular meeting of the New Hanover County Planning Board was held on February 6, 2020 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 Manager Colin J. Tarrant Brad Schuler, Senior Planner Ernest Olds Rebekah Roth, Senior Planner Jeffrey B. Petroff Gideon Smith, Current Planner H. Allen Pope Sharon Huffman, Deputy County Attorney Members Absent Thomas ‘Jordy’ Rawl Chair Donna Girardot called the meeting to order at 6:00 p.m. Senior Planner, Brad Schuler led the Pledge of Allegiance. Chair Girardot read the procedures for the meeting and welcomed the audience. 1. Rezoning Request (Z20-01) – Request by the Law Offices of Matthew A. Nichols on behalf of Caroland Development, LLC as receiver, to rezone approximately 2.75 acres of land located at 216 Porters Neck Road from R-15, Residential District, to O&I, Office and Institutional District. Senior Planner Brad Schuler provided information pertaining to location, land classification, access, trip generation and zoning. He showed maps, aerials and photographs of the property and surrounding area along with an overview referred to in the staff report. In response to Board questions, Mr. Schuler stated that the applicant’s intention was to incorporate the site into the existing Oak Landing shopping center. Chair Girardot opened the public hearing and recognized the applicant. Attorney, Matthew A. Nichols, stated that the request was a bit different because the property was in receivership. He explained the receiver was Caroland Development, LLC., and clarified that he represented the receiver in a limited capacity. He explained that the Superior Court had entered an order in January 2020, that authorized the receiver to pursue the proposed rezoning of the property. Mr. Nichols stated that he represented, Mr. David Sneeden and Mr. Glen Lee, owner and developer, of the Oak Landing shopping center. Mr. Nichols gave a brief overview of the proposed request, presented slides and concluded that it was within the Urban Mixed-Use place type, consistent with the Comprehensive Plan and, was a good transition into the existing shopping center. David Sneeden, one of the two principals to the Oak Landing shopping center, gave a brief history of the shopping center, history of the property in receivership and he explained their vision for the future development. He concluded by stating that they planned on building something that will conform with the shopping center and allow them to be good neighbors. Chair Girardot stated there were no speakers in opposition and opened the floor for Board discussion. In response to Board questions, Mr. Nichols presented a conceptual plan of the preferred relocation of the driveway. In response to Board questions, Mr. Sneeden stated that the reason they were requesting a straight rezoning rather than a conditional rezoning was that they were not certain of the specific plan for the site at the time of application submittal. In regard to adjacent property owner concern, he stated that he had been in contact with his engineers to address the stormwater runoff into the common alley way. 2 | Page After Board discussion, Mr. Ernest Olds asked for clarification regarding driveway separation. Board member Allen Pope noted that NCDOT would have a much more favorable opportunity to provide stacking as well as better sight distance coming out of that driveway in that easterly location. Mr. Colin Tarrant, stated that if the proposed development was moved down further away from the intersection it would be beneficial to the surrounding area. Mr. Tarrant, along with the rest of the Board, expressed concern with the straight zoning request, and that the owner of that property could change the plans and not build what had been presented in front of the Board. Board member Paul Boney made a MOTION, SECONDED by Board member Jeffrey B. Petroff, to recommend to the Board of Commissioners to APPROVE the proposed rezoning to a O&I District. They found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allowed the types of office, civic, and residential uses recommended in the Comprehensive Plan and was identified as a typical zoning category in the Urban Mixed Use place type. They found APPROVAL of the rezoning request was reasonable and in the public interest because the proposal was immediately adjacent to existing commercial uses and would provide an appropriate transition to the adjacent residential neighborhoods. The motion to approve carried 6-0. 2. Rezoning Request (Z20-02) – Request by New Hanover County to rezone approximately 15.86 acres of land located at 3101 Castle Hayne Road from R-20, Residential District, and B-1, Business District, to R-10, Residential District. Planning & Land Use Director Wayne Clark provided information pertaining to location, land classification, access, trip generation and zoning. He showed maps, aerials and photographs of the property and surrounding area along with an overview referred to in the staff report. Mr. Clark concluded by stating that the site was classified as Community Mixed Use and General Residential in the Comprehensive Plan. The proposed R-10 rezoning was generally consistent with the Comprehensive Plan’s intent of providing an orderly transition of residential densities from higher intensity to lower intensity areas and provides for the provision of workforce housing on the site. Chair Girardot opened the floor for Board discussion and asked if there were any questions for Mr. Clark. In response to Board question, Mr. Clark stated that there was water and sewer in the near vicinity. He stated that the sewer was a quarter‑mile away and the water line would be located along Castle Hayne Road. He stated that the property was proposed to be conveyed at no cost to Habitat, and they would be responsible for the water and sewer extensions. In response to Board questions, Executive Director of Cape Fear Habitat for Humanity, Steve Spain stated that Habitat would subdivide and submit a plat to the county. He stated they would sell the individual lots to the homeowners and common areas would be maintained by a Home Owner’s Association, (HOA). He stated that Habitat would not retain any of the property unless it was a private road. Chair Girardot opened for speakers in opposition. SuAnn Burton, resident of Castle Hayne Road, stated that she was concerned about decreasing property value. Pat Lewis, resident of Oakley Road, expressed concern regarding the sewer system and also had concern in regard to property value. Cynthia McKitrick, resident of Castle Hayne Road, expressed concern about traffic issues and the traffic light that was being installed at the intersection of Castle Hayne Road and Oakley Road. She asked for clarification, if the new development would be getting sewer and added that she did not have county sewer. David Porter, resident of Oakley Road, expressed concern of how the proposed retention pond would affect his property. He stated that he had the same concerns with water and sewer, property values decreasing and, traffic in the area. Chair Girardot closed the opposition portion and opened to applicant rebuttal. 3 | Page Mr. Clark clarified the location of the utilities. In regard to traffic, Mr. Clark stated that the proposed development is expected to reduce the traffic impact. He stated by removing the commercial zoning, the residential zoning would generate much less traffic. In regard to property values, Mr. Clark stated that he was not aware of any evidence that the county’s conveyances to Habitat have had any negative impact on property values in the areas where they had been built. Chair Girardot opened to opposition rebuttal. In response to citizen questions, Mr. Clark stated that the sewer line had not been engineered but that it was expected to be on the north side of the road and continue west to the site. He added that near-by residents would be allowed to tap into the sewer line. Emerson Whitten, resident of Emerson Drive, stated that he was in support of Habitat and further growth in the area. He stated that the problem was the lack of infrastructure in the area. He commented that he had been a resident of Wilmington for 77-years and had not noticed a decrease in home value as a result of Habitat Communities being built. Chair Girardot closed the public hearing and opened to Board discussion. In response to Board questions, Mr. Spain answered concerns of the surrounding neighbors in regard to property values. Board member Ernest Olds made a MOTION, SECONDED by Board member Jeffrey Petroff, to recommend to the Board of Commissioners to APPROVE the proposed rezoning to an R-10 District. They found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition between existing lower density residential areas and the Castle Hayne Road corridor and provides for the provision of workforce housing. They found APPROVAL of the rezoning was reasonable and in the public interest because it would provide for the provision of workforce housing on the site and allows densities more appropriate along a major highway corridor and was still compatible with the existing development patterns. The motion to approve carried 6-0. OTHER BUSINESS Development Code Update (Unified Development Ordinance Project) Senior Long Range Planner Rebekah Roth provided an update on the county’s development code update and gave a brief summary. Ms. Roth stated that, at their meeting on Monday, the Board of Commissioners voted unanimously to adopt the reorganized Unified Development Ordinance document, which completes the second phase, and the core product —a UDO. Ms. Roth stated that they had already started working on the targeted code updates to ensure county regulations are modernized, in line with current legal authorities, and consistent with the Comprehensive Plan. Ms. Roth explained that as they had been going through the review process for the Unified Development Ordinance, their consulting firm, Clarion, had been working to analyze our code and have been gathering information from key stakeholders to use in developing their recommended game plan for the technical updates they will be drafting. Ms. Roth stated that as they finalized their recommendations on the most efficient way to draft those technical updates and start their drafting, staff would be presenting some of the less complex housekeeping amendments that she had mentioned during last month’s updates. As an example of the changes, she explained that these would allow the Board to consider where new, modern land uses may be appropriate —such as the “ghost” kitchens for food delivery services mentioned in the recent Wilmington Business Journal article, whether existing permission should be adjusted, and potential clarifications to processes and standards that were beyond the limited scope of the reorganization amendment. With no other business, Chair Donna Girardot adjourned the meeting at 7:10 p.m. Respectfully submitted, Jyll Gartin Planning Administrative Specialist Please note: that the above minutes are not a verbatim record of the New Hanover County Planning Board Meeting.