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2021-02-04 PB MINUTES 1 | Page Minutes of the New Hanover County Planning Board February 4, 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 Paul Boney, Chair Rebekah Roth, Interim Director of Planning Jeffrey B. Petroff, Vice Chair Ken Vafier, Planning Manager Colin J. Tarrant Brad Schuler, Senior Planner Donna Girardot Gideon Smith, Current Planner Thomas “Jordy” Rawl Ron Meredith, Current Planner Ernest Olds Sharon Huffman, Deputy County Attorney H. Allen Pope Rachel LaCoe, Workforce Housing Planner Members Absent Chair Paul Boney called the meeting to order at 6:00 p.m. Planning Manager Ken Vafier led the Pledge of Allegiance. Chair Boney read the procedures for the meeting and welcomed the audience. Approval of Minutes Minutes from the December 3, 2020 and January 7, 2021 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 Allen Pope to APPROVE the minutes as drafted. Motion to approve minutes carried 7-0 NEW BUSINESS Rezoning Request (Z21-01) – Request by Ward and Smith, P.A. on behalf of the property owner, Dry Pond Partners, LLC, to rezone approximately 64.28 acres of land located in the 4400 block of S. College Road, from R-15, Residential District, to PD, Planned Development District, in order to develop a mixed-use project. Planner Brad Schuler 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. Schuler explained the Planned Development (PD) district was a type of conditional zoning district that included a site specific design (master plan) and mutually agreed upon conditions could be attached. The proposed PD district would allow a mixed-use project consisting of a maximum of 460 residential units, 72,000 sf of mixed-use building area, and 185,000 square feet of commercial building area. The commercial areas would be limited to the commercial uses permitted in the PD district and would allow for a select amount of institutional uses and artisan manufacturing. He stated a Traffic Impact Analysis (TIA) was completed for the project and approved by NCDOT and the WMPO. Mr. Schuler stated that while the area was zoned for low density housing in the late 1960s and early 1970s, the 2016 Comprehensive Plan recommended a mixture of commercial uses and residential densities ranging from 8 to 15 dwelling units per acre. He stated that the property was located between two commercial nodes and by adding a mixed-use project to the subject site, commercial services would be evenly spaced 2 | Page along South College Road from Monkey Junction to Shipyard Boulevard and that the proposed PD district would increase the completeness of communities, one of the Board of Commissioners' strategic goals. Mr. Schuler stated that the proposed PD rezoning was generally consistent with the 2016 Comprehensive Plan and would allow for the types and mixed of uses recommended in the Community Mixed Use and General Residential Place Types Chair Boney opened the public hearing and recognized the applicant. Mr. Samuel B. Franck, representing Dry Pond Partners, LLC., concurred with the information Mr. Schuler had presented and introduced Mr. Hill Rogers. Mr. Hill Rogers, representing Dry Pond Partners, LLC, stated they were here to petition for a rezoning to a planned development district from R-15, to allow for the continuation and the expansion of Whiskey Branch into a cohesive master planned development to offer diversity of housing types and integrated commercial uses. He stated they believed that this request was consistent with the county's Future Land Use Map and Comprehensive Plan. Mr. Franck provided a summary of the project, stating that they had been able to hold successful community meetings with the neighbors. With regard to the comments that would be characterized as concerns, they asked about traffic, drainage and site lines. He stated this site was designed so that no interconnectivity for regular vehicle traffic would be required, the vehicular traffic would be accommodated through the two points on South College Road. He stated they reduced the likelihood that residents in this development would need to travel on South College Road and reduced the distance that others in the vicinity might need to travel. He stated by positioning this neatly between two existing commercial nodes, they should be able to contribute to a reduction in traffic on South College Road to achieve access to commercial amenities. Mr. Franck stated the Whiskey Branch neighborhood access could be achieved through the new development for the residents who lived there. The only others who would have means to utilize that access would be emergency vehicles. In response to questions from the Board, Mr. Franck stated the ingress and egress for the commercial properties had not yet been designed but they were obligated to comply with the NCDOT regulations to make sure the access points would be sufficiently set back from South College Road. The intention was that access to those commercial parcels would be from the back side of the outparcels. He stated the one stormwater pond was sufficient to serve its purpose. In response to questions from the Board, Mr. Rogers stated they forecasted 2024 as the complete buildout date for the purpose of the traffic analysis. He referred back to the Board’s question regarding stacking lanes stating there was a minimum protected stem of 150 to 200 feet from South College Road. In response to questions from the Board, Mr. Dan Fisk, Paramount Engineering, stated the pond was located at the elevation that made the most sense and where the current out fall for the parcel was. The proposal was to utilize one pond to meet both county and state requirements. The capacity of the pond was the 25-year storm. In response to questions from the Board, Mr. Rogers stated that there were residents who were curious as to what this project would look like and that there were concerns about sight lines. He stated the building heights were lower than what was allowed in the PD district. Mr. Phil Triece resident of Crosswinds Subdivision, spoke in opposition to the rezoning stating the Homeowners Association Board unanimously opposed the rezoning because of worsening traffic. He stated the size and scale of this proposal was stunning. He stated this type of intense development was better suited for a commercial node at a major intersection. Mr. Triece stated there was no need for this size of commercial development in the 3 | Page middle of over a mile of R-15 zoned property. He expressed his concerns with the project being oversized for its location and its 50-foot-high building would stand out as there were no buildings nearby of that height. He stated the major concern was the traffic worsening along South College road. He referred to a handout showing the original connection requirement to the first phase of Whiskey Branch and the privacy gates. He stated this project was not in the public interest and would be problematic to their area. Mr. Ronald Mays, resident 2846 Fox Run Farms, spoke in opposition to the rezoning stating the project to be high density. Mr. Mays stated he thought they would lose a lot of trees in the area. He expressed his concern of the project being an eyesore and causing increases in traffic but also for his road becoming a cut through for people to get to Masonboro Loop Road. He stated he mainly objected to the apartments and would like to see commercial built there. He stated the residents in his neighborhood were opposed to the apartments being built. He stated that if we keep clearing and cutting trees and over commercializing, we were hurting the environment. He stated more trees were needed and a moratorium on apartments. Mr. Franck responded to the public comments stating the Future Land Use plan expressly contemplated mixed and commercial use on the east side of College Road. He stated this project deliberately did not include any connectivity through neighboring communities in the interest of not burdening neighbors with through traffic. He responded to Mr. Mays’ comment referring to the development of taller structures showing that leaving a 20-foot buffer of the existing tall pine trees was going to provide visual shielding between the proposed development and Mr. Mays’ home. With no further questions and no further information from the applicant, Chair Boney closed the public hearing and opened to Board discussion In response to questions of the Board, Mr. Franck stated the applicant would be willing to prohibit equestrian facilities, recreational vehicle parks, farm implement sales, mobile home sales, and outdoor boat and vehicle sales as requested by the board. In response to the question from the Board, Mr. Franck explained that outfall for the stormwater drains to an existing stream that flows through Whiskey Branch to Whiskey Creek. After further discussion from the Board, member Ernest Olds made a MOTION, SECONDED by Board Member Thomas Rawl, to recommend APPROVAL of the proposed rezoning to Planned Development district with the condition to prohibit equestrian facilities, recreational vehicle parks, farm implement sales, mobile home sales, and outdoor boat and vehicle sales. The Board found it to be consistent with the purposes and intent of the Comprehensive Plan because the project provided for the types and mixed uses recommended in the Community Mixed Use and General Residential place types. The residential densities are in line with those recommended for the property, and the project will provide commercial services and close proximity to nearby residents. The Board also found the rezoning request was reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and commercial services to nearby residents and promoting principles of walkable urbanism. The motion to approve the rezoning request carried 7-0. Special Use Permit Request (S21-01) – Request by Design Solutions on behalf of the property owners, Richard T., V and Patricia Hayes, for a Special Use Permit to operate a Bed & Breakfast Inn within the R-15, Residential District, located at 6727 Carolina Beach Road. 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. 4 | Page Mr. Smith explained the applicant was proposing to renovate the existing house to include five guestrooms and a manager’s suite, which was required by the Unified Development Ordinance (UDO). With the exception of the proposed interior and exterior renovations, the existing driveway would require an NCDOT driveway permit and was proposed to be stabilized with gravel in accordance with New Hanover County Fire Services and NCDOT standards. Mr. Smith stated that according to the applicant, all the existing vegetation on the site consisted of various pines and hardwoods and that no trees were proposed to be removed as part of this request. Mr. Smith stated the applicant was currently coordinating with New Hanover County Environmental Health to determine the requirements to upgrade the existing septic system to accommodate the proposed use. He stated before the Bed and Breakfast may operate, a soil evaluation was required to determine the size and design of the septic system. Mr. Smith stated that if the existing dwelling was allowed to be converted into a Bed and Breakfast, it was estimated to have a minimal increase in traffic for a total of three peak hour trips. He stated there were no major NCDOT projects planned for the area and no pending or approved Traffic Impact Analysis anticipated that would impact this request. Mr. Smith explained that the proposed use was compatible with the surrounding area because it was located in an area with low density single-family housing and was once a residence in the past. He stated the estimated traffic was expected to generate a minimal increasing traffic and would have no impact on the school system. Mr. Smith stated the Comprehensive Plan classified the site as Community Mixed Use and because the proposed Bed and Breakfast would re-use the existing home the use and associated impacts were similar in nature to how the site was currently utilized. He stated while this use was not specifically addressed by the Comprehensive Plan, it was generally consistent with the plan because it was in line with the mix of residential and commercial uses recommended for Community Mixed Use areas. Chair Boney opened the public hearing and recognized the applicant. Ms. Cindee Wolf, representing Richard and Patricia Hayes, the property owner, provided a summary of the history of the existing site of the proposed Bed and Breakfast and its development status. She concurred with the information Mr. Smith had presented and stated she was happy to answer any questions of the Board. Ms. Wolf stated that one thing that the applicant would be doing in the parking area would be to install landscape timbers as delineation to add a more organized and aesthetic look. She stated the location of this parcel made it accessible to the recreational parks and beaches. She noted that the project supported the goals of the Comprehensive Plan. Mr. Richard Hayes, the property owner, provided a summary of the history of the condition and repair of the property after his purchase of the site and its development. He concurred with the information Ms. Wolfe had presented and stated he was open to questions of the Board. In response to questions from the Board, Mr. Hayes explained they would not have a commercial kitchen. He stated a Bed and Breakfast requires a breakfast but did not require a full service breakfast. He stated a continental breakfast is required and that there would be a regular residential kitchen on site that did comply with what was required for a Bed and Breakfast. In response to questions from the Board, Ms. Wolf stated there were no additional bathrooms but one could be added in the future and that the New Hanover County Health Department has been contacted. She stated there was a septic system on the property that was located on the northeast corner of the site that was installed before 5 | Page there were any permits. She stated part of the review and approval process was to submit a permit with as-builts with a soil test. She stated they may have to increase the size of the tank due to regulation changes since it was installed. She stated since they were not putting in any new surfaces, other than NCDOT’s requirements, she did not foresee any other requirements. With no further questions and no further information from the applicant, Chair Boney closed the public hearing and opened to Board discussion. After the board described their support for the project, Board Member Thomas Rawl made a MOTION, SECONDED by Board Member Allen Pope, for APPROVAL of the special use permit. The Board found that the request met the four required conclusions based on the findings of fact in the staff report. In response to questions from the board, Ms. Wolf stated the conditions listed in the plan and report were requirements for a special use permit request already specified within the UDO. Mr. Smith concurred with Ms. Wolfe’s comment stating they were specific standards for a Bed and Breakfast that must be met. Board Member Donna Girardot asked if a condition could be placed on the request that no events be held at the location in the future without first returning before the Board for approval. Ms. Sharon Huffman, County Attorney stated it would be appropriate for the board to place that condition on the special use permit, which would necessitate the applicant to return to the Planning Board. Ms. Girardot asked Mr. Rawl if he would add the condition to the approval. Mr. Rawl stated he would unless the applicant was opposed. Mr. Hayes responded to the Board stating he was amenable to the condition because it was a small area but was in opposition of limiting it to no weddings. He stated there was limited parking and he did not see what the point of adding the condition would be. Mr. Hayes asked if the condition could be worded to say no weddings with more than 20 people. Ms. Girardot responded that it would be preferable if he stayed with Bed and Breakfast since that is what was being requested. Chair Boney asked if it was known that a wedding event was permissible in a Bed and Breakfast. Mrs. Rebekah Roth, Director of Planning and Land Use, stated there was a separate special event venue use that was listed so the bed and breakfast could not have the event as its primary use, but it was allowed to host a special event accessory to the use of the bed and breakfast unless there were conditions specific to that. After further discussion, Board Member Thomas Rawl made a MOTION, SECONDED by Board Allen Pope, for APPROVAL of the special use permit. The Board found that the request met the four required conclusions based on the findings of fact in the staff report. The motion to approve the rezoning request carried 6-0-1. OTHER BUSINESS Ms. Roth informed the board that they would receive two presentations at the March 2021 Planning Board meeting regarding a code maintenance item, which will be presented by Long Range Planner Marty Little, and a workforce housing project update which would be provided by Workforce Housing Planner Rachel LaCoe. Chair Paul Boney adjourned the meeting at 7:54 p.m. Please note that the above minutes are not a verbatim record of the New Hanover County Planning Board Meeting.