HomeMy WebLinkAbout07-09-24 PB Agenda Review MinutesMinutes of the New Hanover County Planning Board Agenda Review
July 9, 2024
An agenda review of the New Hanover County Planning Board was held on July 9, 2024, at 3:00 PM in
the New Hanover County Government Center, 230 Government Center Dr., Conference Room 138
in Wilmington, North Carolina
Members Present
Jeff Petroff, Chair
Colin Tarrant, Vice Chair
Pete Avery
Clark Hipp
Hansen Matthews
Cameron Moore
Members Absent
Kevin Hine
Staff Present
Rebekah Roth, NHC Director of Planning & Land Use
Kemp Burpeau, Deputy County Attorney
Jessica Loeper, NHC Assistant County Manager
Ken Vafier, NHC Planning Operations Supervisor
Robert Farrell, NHC Development Review Supervisor
Lisa Maes, NHC Administration Coordinator
Katia Boykin, NHC Housing Supervisor
Zach Dickerson, NHC Senior Planner
Amy Doss, NHC Associate Planner
Love Ott, NHC Associate Planner
Katherine May, NHC Planning Coordinator
Dylan McDonnell, NHC Long Range Planner
Virginia Norris, NHC Long Range Planner
Damion Fulford, NHC Administration Specialist
Technical Review Presentations:
Mike Christenbury, District Planner with Division of Coastal Management gave a presentation on the
State Coastal Area Management Act (CAMA) Requirements for Comprehensive Plans. Mr.
Christenbury provided an overview and history of the Coastal Area Management Act (CAMA) planning
process, emphasizing the need for a new land use plan as the current one was last updated in 2016.
CAMA, established in 1974 following the Federal Coastal Zone Management Act of 1972, was
designed to support federal efforts and balance development needs with the protection of coastal
resources in North Carolina. This act integrates land use planning into the state's coastal
management strategy, highlighting the importance of state-local partnerships.
The planning rules, originally adopted in 1976, have undergone several updates, with significant
revisions in 2003 and 2016. Mr. Christenbury stated that in 2019, North Carolina mandated
comprehensive planning for communities maintaining zoning, ensuring that existing CAMA plans
fulfill these requirements. The current guidelines stress flexibility while requiring elements such as
community concerns, existing conditions, and future land use to be addressed. Communities must
collect data to identify potential issues and opportunities and develop future land use maps to guide
zoning and development.
Tools and strategies for managing development must align with local zoning regulations and
comprehensive plans, offering communities flexibility in setting goals, objectives, and actions. Five
key management topics were highlighted: public access, land use compatibility, infrastructure,
natural hazard areas, and water quality. The rules provide decision-making flexibility for critical
resource areas and other regions.
Local governments have the option to choose between local, division, or joint administration for
permit reviews. Joint administration allows local governments to specify policies for the Division of
Coastal Management (DCM) to review. The planning process was streamlined in 2016 to facilitate
easier certification and amendments, simplifying administrative and certification processes for local
governments.
The board's questions focused on the process for amending the plan in response to projects that do
not align with the comprehensive plan. It was discussed that the plan does not automatically amend
with project approvals; instead, an amendment process is available for certification. Flexibility is
provided for communities to amend plans to address specific issues and ensure consistency with
permit rules.
Updates:
Ms. Boykin gave an update on the Comprehensive Plan. She informed the board that the Pulse
Surveys will go live on July 10, 2024. She also let the board know that on August 12, 2024, from 5:00-
8:00pm there will be a Public Forum held at the Government Center building. Ms. Roth let the board
know that links and informational flyers will be distributed out to the board members.
Ms. Roth mentioned that an email will be sent to the members to confirm their availability for a
September joint meeting with the Board of Commissioners.
The board did not have any questions regarding the pulse surveys, Public Forum meeting or the joint
meeting with the Board of Commissioners.
Regular Agenda Items:
Item 1: Comprehensive Plan Amendment- Western Bank
Chair Petroff stated that he would be recusing himself from this item at the regular Board meeting
due to past work with the client. Ms. Roth gave an update on the Western Bank acknowledging that
the presentation in the Planning Board packet was different from the version released for public
comments. There was a significant number of public comments highlighting concerns about
potential flooding and the impact of development in the area. Ms. Roth mentioned that the Planning
Board discussed the need to establish guidelines that align with community desires while
understanding the legal limitations of regulating private property use. The concept of "reasonable"
use was identified as requiring careful legal definition to guide future regulations effectively.
The Board had questions around the concerns regarding residential development, primarily focusing
on flooding risks that could compromise roadways and resident safety. Ms. Roth noted that there are
reservations about allowing residential developments due to potential health and safety
responsibilities the County might face.
The conversation focused on the zoning of the properties as I-2, B-2, or Riverfront Mixed Use District
(RFMU) which permit specific developments. The recommendation of taking the place type into
consideration was suggested to align future development with community expectations and growth
trends, without immediately drafting new zoning ordinances.
Ms. Roth mentioned that the amendment is to help establish a place type for the area, with a focus
on preserving environmental and infrastructure integrity, such as the unique character of the
riverfront and potential updates to the Cape Fear Memorial Bridge.
The importance of a policy document that reflects community aspirations and informs zoning
changes was emphasized. Feedback indicated a desire for non-industrial developments, prompting
discussions about a small area plan to guide future decisions and the possibility of public-private
partnerships to tackle environmental issues. The conversation wrapped up with agreeing for the need
to reset expectations, engage with stakeholders, and prepare for discussions with the
Commissioners was crucial for moving forward effectively.
Item 2: (Z24-12) Westgrove Residential on Carolina Beach Road
Ms. Ott gave an update on the application, initially approved for 200 multi-family units has been
revised to 133 single-family attached units. This change in housing type and density no longer
required a Traffic Impact Analysis (TIA). The original conditions of approval would remain, with a new
condition added for paving roadway connections to the towns at Park Place, which should be gated
for emergency access only. No public comments have been received on this application to date.
Ms. Ott mentioned that the reduction in density is a primary reason for revisiting the application and
that any change in density must go through a public hearing process and cannot be approved
administratively by staff.
The board’s questions focused on the lack of transportation improvements required by the previous
TIA, as they had been considered beneficial for the community during the consideration of the
previous rezoning of this property. The connection between the development and Park Place
remained unresolved due to financial disagreements between parties, and potential pedestrian
access has not been finalized.
Item 3: (Z24-15) Residential on 6760 Carolin Beach Road
Ms. Roth updated the board that the applicant has been working with staff and would be requested
to push their application to the August meeting as they are working out details with the site plan. She
noted that staff would recommend the request for continuance. The board had no questions around
this item.
Item 4: (S24-02) Special Use Permit on 1029 S. Seabreeze Road
Ms. Doss provided an update on the Special Use Permit for Single-Family Dwelling. She explained
the parcel in question was small, a remnant from pre-zoning eras, and did not easily fit into existing
residential zoning classifications. She mentioned that the possibility of obtaining a variance to
address lot size and setback issues was discussed. However, the applicants preferred pursuing a
special use permit due to its quasi-judicial nature, which they believed provides more protection if
an appeal was necessary. Ms. Doss noted that the applicant planned to argue that having a home
office qualified the development as mixed-use, allowing it to proceed under the current zoning.
The boards questions focused on using mixed-use designations to bypass zoning challenges and
whether this aligned with the intent of mixed-use development standards. There were discussions
on creating a mixed-use district that accommodated both commercial and residential uses without
the current restrictions. Such a district could address lot size and buffer requirements more
comprehensively.
Announcements:
Ms. Roth informed the board that Tim Lowe would not be able to attend the regular Planning Board
meeting on Thursday July 11, 2024. If there were questions around Stormwater, she asked they reach
out to before the meeting so staff could get them answered.
The regular Planning Board meeting for Thursday July 11, 2024, would start at 5:00 pm.
The Board of Commissioners would be making their appointments to this board August 2,2024.
Thursday’s Planning Board meeting would be Jeff’s last meeting.
Meeting Adjourned at 4:22 PM