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2021-01-07 PB MINUTES 1 | Page Minutes of the New Hanover County Planning Board January 7, 2021 A regular meeting of the New Hanover County Planning Board was held on January 7, 2021 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 Rebekah Roth, Interim Director of Planning Paul Boney, Vice Chair Ken Vafier, Planning Manager Colin J. Tarrant Brad Schuler, Senior Planner Ernest Olds Gideon Smith, Current Planner Thomas “Jordy” Rawl Ron Meredith, Current Planner Sharon Huffman, Deputy County Attorney Members Absent Jeffrey B. Petroff H. Allen Pope 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. Approval of Minutes Minutes from the April and May 2019 Planning Board meetings were presented to the members. No changes or amendments were identified. Board Member Thomas Rawl made a MOTION, SECONDED by Board Member Ernest Olds to APPROVE the minutes as drafted. Motion to approve minutes carried 5-0 NEW BUSINESS Rezoning Request (Z20-23) – Request by Mr. Hamilton Hicks Jr. on behalf of property owners, Dora Lee and David Earl Raines Heirs, to rezone approximately 8.28 acres of land located at east of Marjoram Way near the 900 block of North Kerr Avenue from R-15, Residential District, to RMF-L, residential Multi-Family District. Planner Gideon Smith provided information pertaining to location, land classification, access, transportation and zoning. He showed maps, aerials and photographs of the property and surrounding area and gave an overview of the proposed application as referred to in the staff report. Mr. Smith explained that according to city staff and the applicant, the potential city rezoning was on hold at this time as city staff has indicated a preference for a conditional rezoning request and application for annexation. The subject site can still be developed under the County’s RMF-L standards without a rezoning being pursued within the city’s jurisdiction. Mr. Smith explained that the current zoning would allow a maximum of 21 dwelling units, however the applicant was proposing to rezone the subject property to RMF-L which would allow a maximum of 83 dwelling units. Mr. Smith stated the proposed rezoning to an RMF-L district would allow for diverse housing options consistent with both the Strategic Plan and with the recommended densities within the general Residential place type as 2 | Page outlined in the 2016 Comprehensive Plan and that the proposed rezoning would allow for the development patterns similar to the existing community. In response to questions from the Board, Mr. Smith explained that staff had spoken with city staff, and they had indicated their preference to the type of application should the applicant move forward with the rezoning within the city’s jurisdiction. Chair Girardot opened the public hearing and recognized the applicant. Mr. Hicks Jr. representing Dora Lee and David Earl Raines Heirs stated he had no comments in addition to staff’s presentation but would be glad to answer any questions of the Board. In response to questions from the Board, Mr. Hicks stated he had asked the rezoning application with the city be put on hold until the owners could evaluate staff’s request to have a development plan which is currently in discussion. He stated there was a possibility of another type of zoning more suitable for that land but as of right now all actions with the city are on hold. Mr. Hicks stated he came to the county because the rezoning request was considered by the county without the need for a development plan. In response to questions about an email sent to the Board members by Shipman and Wright earlier in the afternoon, Mr. Hicks stated Shipman and Wright want exclusive reservations for the extension of the road, but this was not the time to look at the extension of that road and reserving right of way until the development phase when development plans have been submitted. This was strictly a rezoning to multi-family with increased density which in essence would enhance the support of the road with better justification for increased roadway. Mr. David Novotny, representing the property owner adjacent to the applicant’s property spoke in opposition to the proposed rezoning. Mr. Novotny stated in reviewing the report it appeared neither staff nor the applicant were aware of the amendment to the Gingerwood Collector Street Plan adopted by city council in 2009. He pointed out the figure on page two of the memorandum issued by Shipman and Wright, which depicted the Hunters Trail extension. He stated there was no opposition of the change in zoning but felt this information needed to be included in the review of the applicant’s submittal. Ms. Amy-Ellen Meritt, resident Cornerstone Apartments of Sagedale Drive, addressed the Board with questions about the access road related to the development and if the road would be passing though her apartment complex’s site. Mr. Smith responded based on comments provided by NCDOT, Sagedale has been closed off and would require that residents to turn at the light at New Centre and go on to Marjoram Way if this site were to be developed. He stated staff did not have the specific development plans to review and based on the development plans and information provided to staff, there was no plan to build a road through the apartment complex. Mr. Steve Culbreth, representing the Dora Lee and David Earl Raines Heirs spoke in support of the proposed rezoning. He gave a brief history on the subject site describing the original ownership boundaries of the land between Kerr Avenue and the subject property prior to NCDOT building Marjoram Way in between. He expressed his concerns about not approving the request to rezone the site based on a decision to build a road that may or may not happen in the future. In response to questions from the Board, Mr. Smith explained because this was a general rezoning, conditions could not be placed on it. If it were approved, any site specific plans would go through the Technical Review Committee process in which staff would discuss with the developer the county’s ordinance requirement for roadways to be stubbed to the property line. Although the ordinance does not state the stub would have to be in line with the approved plans, throughout the TRC process staff would talk with the developer to negotiate the roadway stub to align with the plan. In response to questions from the Board, Ms. Rebekah Roth, Interim Planning and Land Use Director, responded it would be difficult to determine any impact on staff’s decision and recommendation. 3 | Page With no further questions and no further information from the applicant, Chair Girardot closed the public hearing and opened to Board discussion After the board described their support for the project, stating that the proposed straight rezoning would not impact the potential extension of a roadway, and looking from the county’s point of view and ordinances, Board Member Ernest Olds made a MOTION, SECONDED by Board Member Thomas Rawl, to recommend APPROVAL of the proposed rezoning to an (RMF-L) Residential Multi-Family district. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan as the residential uses allowed are in line with the lower density multi-family housing outlined for general residential areas and the potential development patterns and densities are consistent with the surrounding neighborhoods. The Board also found APPROVAL of the rezoning request reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options, is an appropriate application of infill development due to the proximity, roadways, commercial activities and other existing multi-family development and zoning and it is likely to be developed as single family because of the recent and future roadway improvements along North Kerr Avenue and Martin Luther King Jr. Parkway. The motion to approve the rezoning request carried 5-0. OTHER BUSINESS Election of Planning Board Officers Ms. Sharon Huffman opened the floor for nomination for Chair of the Planning Board. Chair Girardot made a MOTION, SECONDED by Board Member Thomas Rawl, for nomination of Mr. Paul Boney as Chair of the Planning Board. The motion to approve the nomination carried 5-0. Ms. Sharon Huffman opened the floor for a nomination for Vice Chair of the Planning Board. Board Member Mr. Ernest Olds made a MOTION, SECONDED by Board Member Mr. Paul Boney, for nomination of Mr. Jeff Petroff as Vice Chair of the Planning Board. The motion to approve the nomination carried 5-0 Chair Donna Girardot adjourned the meeting at 7:32 p.m. Please note that the above minutes are not a verbatim record of the New Hanover County Planning Board Meeting.