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2022-10-06 PB MINUTES 1 | P a g e Minutes of the New Hanover County Planning Board October 6, 2022 A regular meeting of the New Hanover County Planning Board was held on October 6, 2022, 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, Director of Planning Jeff Petroff, Vice Chair Ron Meredith, Current Planner Colin Tarrant Dylan McDonnell, Long Range Planner Clark Hipp Kenneth Vafier, Planning Manager Pete Avery Robert Farrell, Senior Current Planner Sharon Huffman, Deputy County Attorney Absent Members Hanson Matthews Chair Donna Girardot called the meeting to order at 6:00 p.m. and excused the absence of Planning Board Member Mr. Hansen Matthews. Director of Planning, Rebekah Roth led the Pledge of Allegiance. NEW BUSINESS Rezoning request (Z22-19) - Request by Mike Brown with Cape Fear Four, LLC, applicant on behalf of OFSC Properties, LLC, Ammo Dump / Lake +9, LLC, Daniel Trask, Raiford Trask, Jr., the D Webster Trask Revocable Trust, and the Ethel Trask Coupland Revocable Trust, property owners, to rezone two parcels totaling 23.65 acres located at the 3500 block of Blue Clay Road south of I-140 from PD, Planned Development to RMF-L, Residential Multi-Family – Low Density. Current Planner Ron Meredith 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. Meredith stated that the proposal was to rezone two parcels totaling 23.65 acres from PD to RMF-L. He stated that the existing PD zoning had been applied in 2006 by the applicants as part of the Blue Clay Farms Development and that there was a Master Development Plan for the site which called for a mix of residential, commercial, and office space that transitioned to residential further away from Blue Clay Road to the east. Although the density in the plan had been set at 10.2 units per acre; the section being reviewed was restricted to 2.5 acres per unit due to the CAMA Land Use Plan classification for the property at the time. He stated that the purpose of the RMF-L district was to provide lands that could accommodate moderate density single-family residential development of varying types and designs with the intent that the RMF-L district would provide options for alternative housing types near or in direct relationship to single-family detached developments. Additionally, Mr. Meredith stated that the parcel had direct access to Blue Clay Road, which is an NCDOT maintained minor arterial street. He also provided information indicating that compared to the type of development typical under the current PD zoning, that if the site was developed at maximum density, based on potential traffic, the requested zoning district could generate 163 AM peak hour trips and 224 PM peak hour trips. This would result in an increase of 117 AM peak hour trips and 163 PM peak hour trips. Mr. Meredith stated that while the proposed development was not in line with the existing development pattern in this specific area of the community, it was in line with future planned developments and recent 2 | P a g e development trends. He stated that this type of development made sense on the subject tract because it was landlocked on two sides by the railroad and an interstate highway. He stated that the proposed RMF-L zoning was generally consistent with the 2016 Comprehensive Plan because the project provided for the density and range of housing options recommended in the Community Mixed Use place type and the project would provide additional housing in close proximity to existing and future commercial development serving nearby residents. He stated that if the rezoning were approved it would be subject to technical review to ensure compliance with all applicable regulations. In response to questions of the Board about the Master Development Plan, Mr. Meredith stated that the Master Development Plan would not be impacted by the proposed rezoning as it would not impact the density allowed for the remainder of the planned development. In response to questions of the Board, Mr. Jamar Johnson, WMPO, stated that the traffic counts included in the staff report were from 2019. Chair Girardot opened the public hearing and recognized the applicant. Mr. Mike Brown, Applicant, provided a summary description of the proposed project. He stated the requested zoning would address the equity theme set forth in the Comprehensive Plan by bringing an underserved housing type to this region of the county and promote accessibility to housing for those residents who desire an alternative to single- family residential options within this area. He stated that the 2016 Comprehensive Plan encouraged investments in community infrastructure along with infill development to maximize the value of that infrastructure. He stated that CFPUA and New Hanover County were partnering to install a water main along Blue Clay Road and that sewer was already present. He stated that they had intentions to work with CFPUA to upgrade the water main. He stated the proposed multi-family rezoning would support the Comprehensive Plan goal of developing healthy communities by locating a number of water lines closer to recreational properties. In response to questions from the Board regarding sewer service, Mr. Brown stated that there was a sewer main that ran along the eastern boundary of Blue Clay Farms and that there would be a little lift station. He stated that there was a force main so it would be pumped in under pressure. Chair Girardot opened the hearing to those with questions or in opposition. With no one signed up to speak in opposition or with questions, Chair Girardot closed the public hearing and opened to Board discussion. After extensive discussion from the Board regarding infrastructure, whether agricultural land in this part of the county should be conserved, and the anticipated traffic impacts of the project, Vice Chair Jeff Petroff made a MOTION, SECONDED by Board Member Pete Avery, to RECOMMEND APPROVAL of the proposed RMF-L rezoning. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provided for the density and range of housing options recommended in the Community Mixed Use place type. The Board found RECOMMENDING APPROVAL of the rezoning request was reasonable and in the public interest because the project would provide additional housing in close proximity to existing and future commercial development serving nearby residents. The motion to recommend approval of the proposed RMF-L rezoning request carried 4-1. (Vote: Yes- Colin Tarrant, Jeff Petroff, Donna Girardot, Pete Avery. No- Clark Hipp. Text Amendment Request (TA22-04) – Request by New Hanover County Planning & Land Use to amend Articles 7 and 10 of the Unified Development Ordinance in order to incorporate the County’s Stormwater Ordinance. Long Range Planner, Dylan McDonnell stated that at the August Planning Board Meeting, staff had presented a number of amendments to the Unified Development Ordinance that included updates, clarifications and modifications. He stated that one amendment was the addition of the Stormwater Ordinance into the Unified Development Ordinance, but due to a clerical error in the published draft, the board asked that it be brought back 3 | P a g e as a standalone amendment to allow for re-publishing. He stated that staff had rectified the error and was now presenting to the Board the version of the Stormwater Ordinance requested to be added to the UDO. Mr. McDonnell stated that when the Unified Development Ordinance was first adopted in 2019, a specific place, Article 7, was provided for the County’s Stormwater Ordinance; however, at that time these provisions were not intended to be incorporated until they had been coordinated with the County’s stormwater utility services program. He stated that last year after the start of the stormwater utility, the county Stormwater Ordinance was updated and adopted by the Board of Commissioners, and those provisions were now in effect. The final step was to add it into the Unified Development Ordinance as Article 7: Stormwater Management. Mr. McDonnell stated that in addition to Article 7 the proposed amendment included a reference to the Stormwater variance procedures and updated the responsibilities of the County Engineer in Article 10: Administrative Procedures. Chair Girardot opened the hearing to those with questions or in opposition. With no one signed up to speak in opposition or with questions, Chair Petroff closed the public hearing and opened to Board discussion. Chair Girardot closed the public hearing and opened to Board discussion. With no further discussion, Board Member Colin Tarrant made a MOTION, SECONDED by Board Member Pete Avery, to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to incorporate the New Hanover County Stormwater Ordinance into the New Hanover County Development Ordinance. The Board found it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it would allow for more streamlined business processes and coordinated review of development proposals as all of the county’s development related ordinances would be in one comprehensive document. The Board also found RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it clarified the current stormwater regulations and practices for stakeholders and code users. The motion to recommend approval of the text amendment carried 5-0. OTHER ITEMS Ms. Roth stated that at that Monday’s Board of Commissioners meeting staff had presented the UDO maintenance amendments approved by the Planning Board last month. She stated that most of those amendments were approved by the Commissioners; however, they did request that the Highway 421 tree-related amendment be taken off to allow for further consideration. She stated this item was continued to the November 14 Board of Commissioners meeting. She stated that staff had started setting up a process to talk through amendment options with some of the stakeholder groups regarding concerns with the existing ordinance and with what was proposed to develop a version that staff could recommend to the Commissioners in November. She stated that there would be a representative of the Planning Board involved in these conversations to make sure that the Planning Board’s perspective is considered moving forward. Chair Girardot indicated that she and Board Member Pete Avery would be in attendance at the meeting. Ms. Roth stated that she had also sent dates for the 2023 Board meeting calendar that may conflict with particular holidays, but there did not seem to be any issues for any of the board members. Staff was waiting on the Board of Commissioners draft calendar to be published in order to provide the Planning Board with something to look at next month so that it could be put in place. Chair Donna Girardot adjourned the meeting at 6:33 PM. Please note that the above minutes are not a verbatim record of the New Hanover County Planning Board Meeting.