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HomeMy WebLinkAbout08-01-2024 PB Meeting MinutesMinutes of the New Hanover County Planning Board August 1, 2024 A regular meeting of the New Hanover County Planning Board was held on July 11, 2024, at 6:00 PM in the New Hanover County Historic Courthouse, 24 North Third Street, Room 301 in Wilmington, North Carolina. Members Present   Colin Tarrant, Vice Chair   Pete Avery Kevin Hine Clark Hipp Hansen Matthews Cameron Moore Kaitlyn Rhonehouse Staff Present Rebekah Roth, Director of Planning & Land Use  Ken Vafier, Planning Operations Supervisor  Robert Farrell, Development Review Supervisor  Katia Boykin, Community Planning Supervisor Karen Richards, Deputy County Attorney  Zach Dickerson, Senior Planner Amy Doss, Associate Planner Lisa Maes, Administrative Coordinator Damion Fulford, Administrative Specialist Vice Chair Tarrant called the meeting to order at 6:00 PM and welcomed the audience. After the welcome remarks, Planning and Land Use Operations Supervisor Ken Vafier led the Pledge of Allegiance, and Vice Chair Tarrant provided an overview of the meeting procedures and read the Code of Ethics. Approval of Minutes Minutes from the July 9, 2024, Agenda Review meeting and the July 11, 2024, Regular meeting were considered by the Board. No changes or amendments were identified. Board Member Pete Avery made a MOTION to APPROVE the minutes as drafted, SECONDED by Cameron Moore. The motion to approve the July 9, 2024, Agenda Review meeting and the July 11, 2024, Regular meeting minutes passed 7-0. Vice Chair Tarrant announced that all public hearing items that were approved would go forward to the September 3, 2024, Board of Commissioners meeting. Vice Chair Tarrant welcomed new Board Member Kaitlyn Rhonehouse and thanked former Chair Jeff Petroff for his service over the years, as he had met his term limit. He turned the meeting over to Deputy County Attorney Karen Richards to conduct the election of officers. Election of Officers Ms. Richards explained that there would need to be an election for a new Chair and Vice Chair and asked for any nominations for Chair. Board Member Cameron Moore made a MOTION to NOMINATE Colin Tarrant to be the new Chair of the New Hanover County Planning Board. SECONDED by Board Member Pete Avery. DR A F T The motion to nominate Colin Tarrant to be the new Chair of the New Hanover County Planning Board passed 6-0. Board Member Pete Avery made a MOTION to NOMINATE Cameron Moore to be the new Vice Chair of the New Hanover County Planning Board. SECONDED by Board Member Kevin Hine. The motion to nominate Cameron Moore to be the new Vice Chair of the New Hanover County Planning Board passed 6-0. Ms. Richards concluded the election of officers. New Business Chair Tarrant stated that the agenda items were public hearings and explained the format for the hearings. He explained that each side would have 15 minutes for presentation and five minutes for rebuttal. He added that the Board was only an advisory board and that the Board of Commissioners would make the final decision, but any public comment could impact their recommendations to the Board of Commissioners. Public Hearings Rezoning Request (Z24-15) – Request by Brandy Hatcher with Grace Walk Inc, applicant and property owner, to rezone approximately one acre located at 6760 Carolina Beach Road from the R-15, Residential District to a Conditional R-5, Residential Moderate-High Density District for four single family detached dwelling units. Senior Planner Zach Dickerson gave a brief overview of the application. He stated that the request was to rezone approximately one acre from the R-15, Residential District to a Conditional R-5, Residential Moderate-High Density District for up to four additional single-family dwelling units. He explained that the site was located at 6760 Carolina Beach Road and was originally zoned R- 15 in 1971. He provided aerial photography to show that the site was bordered by a mobile home park to the north and currently undeveloped to the south, but he added that the parcel to the south was the future site of a convenience store with fuel pumps, and multi-family housing to the west. Photographs were shown of existing site conditions and examples of representative development of in the R-15 district and slightly higher density neighborhoods. Mr. Dickerson explained that the concept plan, provided by the applicant, contained an existing home that was served by an existing septic system, and four proposed single-family homes that would be served by two shared septic systems and a proposed well. He added that there were existing CFPUA utilities on the east side of Carolina Beach Road, but the site was outside of the area that required connection. He added that the approved project to the south of the site would pull CFPUA towards this area and the applicant agreed to provide an easement for a future multi- use path. He explained that the site would have primary access onto Carolina Beach Road and that the new homes would share a paved access road on the site. He stated that the approved Traffic Impact Analysis for the convenience store and multi-family homes to the south would include the extension of an existing northbound left turn lane, a new traffic signal for U-Turn movements, DR A F T construction of a new southbound right turn lane, and modifications to signal timing at the intersection of Carolina Beach Road and Myrtle Grove Road. He added that there were several approved TIAs and other development projects in the vicinity of the proposed site. Mr. Dickerson stated that the proposed project would generate an additional three AM and PM peak hour trips which was below the 100 peak hour trip threshold to require a TIA, and the project was expected to yield only one additional student versus current zoning. He explained that the property was located at the intersection of Carolina Beach Road and Myrtle Grove Road, with that area experiencing a recent trend of rezonings and development that placed commercial uses adjacent to the highway corridor and higher-density residential further away, and that the four new dwelling units resemble existing homes in the area. He added that while the proposed project did not provide a transition from commercial to residential, the dimensions of the site limited the possible scope of development. He explained that the 2016 Comprehensive plan designated the area as the Community Mixed Use place type and that the project was generally consistent with the recommendations for the place type. He stated that staff had three recommended conditions for approval relating to the multi-use path easement, impervious surface limits, and septic easements. He explained that staff considered the proposed R-5 district to be consistent with the 2016 Comprehensive Plan as the proposed density was appropriate for properties located in this place type, so staff recommend approval of the rezoning request. Mr. Dickerson concluded his presentation and stated that the site would be subject to TRC and zoning compliance review, and that Tim Lowe of County Engineering and Bill McDow of the WMPO were available for questions. In response to questions from the Board regarding what the residential project to the south was zoned, Mr. Dickerson replied that it was a Conditional RMF-M district. Chair Tarrant invited the applicant for their presentation. John Blackburn (also known as Joe Black), property owner, explained that Mr. Dickerson covered all the facts well and did not feel the need for his presentation. He reiterated that the proposal was for four new houses, an asphalt access road, and shared septic and well systems. He added that the lots would be 70x85 ft. so they would be adequate for small homes and that the proposed homes would be consistent with the approved Wawa and apartment buildings to the south. In response to questions from the Board regarding feedback from adjacent property owners, Mr. Blackburn replied that he had only heard one comment from a property owner across Carolina Beach Road, and they were in favor of the project. In response to questions from the Board regarding utilities for the site, Mr. Blackburn replied that there was no timeline for CFPUA expansion to the area so the site would have to be on private well and septic. He added that he had some conversations with Environmental Health but had not had the soil tested yet. Chair Tarrant advised the applicant to be ready to discuss traffic for the site. DR A F T Board Member Hansen Matthews also encouraged the applicant to retain as much of the existing tree canopy as possible. In response to questions from the Board regarding how the current residents of the existing home preform a U-Turn on Carolina Beach Road, Mr. Blackburn replied that he will go down the road further so that he would not have to try and immediately cross three lanes of traffic. He added that the time of day and the year affect the traffic. In response to questions from the Board regarding whether the homes will be for rent or sale, Mr. Blackburn replied that they would be for rent and affordable housing. Chair Tarrant reminded the applicant that they had seven minutes left to speak and that when the public hearing was closed, they could not speak again unless they were asked questions. Mr. Blackburn explained that there would be a designated turnaround area for Fire/EMS and that there would be a grass strip to improve stormwater drainage, and that additional affordable housing was needed in the area. With no other speakers signed up in favor or opposition, Chair Tarrant closed the public hearing and opened the meeting to Board discussion. In response to questions from the Board regarding if a turn lane was a component of the required traffic improvements for the project to the south, Mr. Dickerson replied that there would be a 100- foot right turn lane that would most likely front the project. Board Member Clark Hipp stated that he was generally favorable of the project as it was a difficult lot, there would not be much impact on traffic, and the proposed use seemed reasonable. He added that any potential driver who would want to cross the lanes of traffic for the closest U-Turn should not negatively impact the perception of the project. Board Member Kaitlyn Rhonehouse stated that the concerns about the septic and well systems were valid, and she liked the staff condition relating to that issue. Vice Chair Moore stated that the long narrow lot would be even more difficult to develop under current zoning, so the rezoning request was reasonable and additional housing units were always needed. Board Member Clark Hipp stated that the proposed density was not that high and that it was closer to an R-7 than an R-5 as the lots would have more room than a typical R-5 lot. Vice Chair Moore advised the applicant to speak with staff about how to best address possible traffic questions due to the recent scrutiny of projects along Carolina Beach Road. Chair Tarrant explained that the two public comments received had concerns about traffic and adding additional development to a crowded area. Chair Tarrant asked the applicant if they would like to proceed with a vote, Mr. Blackburn affirmed his intention to proceed with a vote. Board Member Clark Hipp made a MOTION to RECOMMEND APPROVAL of Rezoning Request (Z24-15) as it was consistent with the purposes and intent of the 2016 Comprehensive DR A F T Plan because the project was in line with the density and housing type recommendations for the Community Mixed Use place type and that it was reasonable and in the public interest because the project would increase the county’s housing stock, with the following conditions: 1. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. 2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be considered a substantial deviation from the approved concept plan. Changes to the concept plan to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the septic systems and well and any future improvements. Environmental Health approval of the septic systems and well shall be required prior to issuance of construction permits for the residential units. SECONDED by Vice Chair Moore. The motion to recommend approval of Rezoning Request (Z24-15) passed 7-0. Rezoning Request (Z24-16) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Tidewater Investment Company, INC, property owners, to rezone approximately 7.79 acres located at 5000 N. College Road from the (CZD) CB, Community Business District to (CZD) B-2, Regional Business for General Retail Sales, Business Service Center, and other limited uses. Associate Planner Amy Doss gave a brief overview of the application. She explained that the site was located at 5000 N. College Road and was rezoned to a Conditional CB, Community Business district to allow the construction of an outdoor recreation facility and clubhouse/restaurant structure but those plans were not constructed. She provided aerial photography to show that the site was currently undeveloped and bordered by two residences to the north and that there was a concrete plant to the south on the other side of College Road. Photographs were shown of existing site conditions and examples of representative development current CB zoning and examples of development in B-2 districts. Ms. Doss explained that the concept plan, as provided by the applicant, showed that the site contained an existing 100-foot Duke Power easement and the applicants proposed 3600 square foot strip retail space, four flex and contractor office space buildings that would total 33,000 square feet, a stormwater pond, dumpster locations, and a 60-foot access easement along the southern edge of the property. She stated that the site would have full access on North College Road and that there was a State Transportation Improvement Project in the area. She explained that the proposed project would DR A F T generate approximately 61 AM and 80 PM trips which was under the threshold to require a TIA. She added that the site was located in an area that had a mix of industrial and residential uses. Ms. Doss explained that that 2016 Comprehensive Plan designated the site as Community Mixed Use place type which allowed for commercial uses and encouraged infill development, and the General Residential place type which allowed for commercial uses that can support nearby neighborhoods. She added that the site would act as an appropriate transition from industrial use to the nearby residential uses. She stated that staff recommended conditions related to limiting uses and building height and recommended approval because it would provide services for nearby residents with low traffic generation on a major arterial road. She concluded her presentation and stated that the site would be subject to TRC and zoning compliance review, and that Mr. Lowe of County Engineering and Mr. McDow of the WMPO were available for questions. In response to questions from the Board regarding what factors would require a TIA for the site, Mr. McDow replied that it would be determined by the uses that actually open on the site or other traffic improvements made in the area. Chair Tarrant invited the applicant for their presentation. Cindee Wolf, Design Solutions, on behalf of Tidewater Investment, INC, property owners, gave a brief overview of the application. She explained that she was not sure why the previously approved pickleball court was not built, but the new proposal would have the same or less surface coverage so the stormwater pond would be the same as before. She added that existing vegetation between the residences to the north would be maintained. She stated that she expected the traffic generation to remain low and the proposed phased opening of uses was based on availability of utilities. She concluded her presentation and stated that she believed that the proposed use was consistent with the Comprehensive Plan and the expansion of CFPUA utilities to the north of the county would further encourage uses like this. In response to questions from the Board regarding a possible secondary access, Ms. Wolf replied that based on preliminary conversations with the NCDOT the secondary access as shown on the previous concept plan would not be approved. She added that the NCDOT requested the right turn lane for the site. Chair Tarrant reminded Ms. Wolf that she had time remaining to speak, and she ceded her remaining time. With no other speakers in favor or opposition, Chair Tarrant closed the public hearing and opened the meeting to Board discussion. Board Member Hansen Matthews stated that the variety of possible uses was needed for the area and that the landscaping and other aspects seemed adequate. Vice Chair Moore stated that there was a variety of other B-2 business in the area, so it made more sense to have commercial use on the site and not residential. DR A F T In response to questions from the Board regarding what utilities would be available for the site, Ms. Wolf replied that there would be a single well to begin with as most of the uses would have a single unisex restroom, but future development could bring public utilities to the area. Board Member Pete Avery explained that there could be different requirements for a community water system based on how many people used the system. Chair Tarrant asked the applicant if they would like to proceed with a vote, Ms. Wolf affirmed her intention to proceed with a vote. Board Member Hansen Matthews made a MOTION to RECOMMEND APPROVAL of Rezoning Request (Z24-16) as it was consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed uses are in line with the place type recommendations and the it was reasonable and in the public interest because the proposed district would provide a number of commercial services for nearby residents, included relatively low traffic generators, and was located on an arterial road, with the following conditions: 1. Within the 3,600 SF building at the front of the property closest to N. College Road, uses are limited to the following: business service center, contractor office, offices for private business and professional activities, personal services, general, instructional services & studios, and retail sales, general. 2. Within the remaining 4 buildings totaling 33,000 SF, uses will be limited to offices for private business and professional activities and for contractor offices. 3. Building height will be limited to 1-story and a maximum of 30’. SECONDED by Vice Chair Moore. The motion to recommend approval of Rezoning Request (Z24-16) passed 7-0. Text Amendment Request (TA24-04) – Request by Cindee Wolf with Design Solutions, applicant, to amend Article 4 of the Unified Development Ordinance to allow the use of Restaurant by-right in the O&I, Office & Institutional District with a limitation on the maximum square footage of the use. Mr. Dickerson gave a brief overview of the application. He explained that this was an applicant- led request was to amend the table of permitted uses to allow the use of restaurant as a by-right use in the O&I, Office & Institutional district, with a 3,000 square foot cap on building space. He stated that the UDO defined restaurant as “establishments where food and beverages are prepared and sold on a retail basis for consumption on or off premises as its principal business” and that it was currently allowed by-right in every other commercial district. He added that by-right meant that all reviews and approvals would be handled administratively at the staff level through the Technical Review Committee and that the UDO did not classify restaurant by type or require additional standards. He explained that that the O&I district was one of the original zoning districts adopted in 1969 and was meant to provide a transition between residential uses and higher intensity use and to accommodate institutional, professional, and other office services. He stated that the district was DR A F T concentrated along the major roadways such as Castle Hayne Road or Market Street, with a total of 353 acres of O&I zoned landed throughout the county and that about 15 acres were undeveloped. He added that staff anticipated any rezoning to O&I to be located along the major roadways. Mr. Dickerson explained that the common uses of the district included Bank or Financial Institution, Medical Offices, Business Service Center, Offices (Government, Law, Insurance), and Pharmacy. He stated that per the WMPO the traffic generated by a restaurant could vary widely, and that the applicant proposed the 3,000 square foot cap to limit traffic generation. He added that staff recommended the additional use standard to limit drive thrus and that any use that generated 100 peak hour trips would require a TIA. He stated that the O&I district was typically a transitional district, that staff considered this change during the 2018 UDO Update project, and that surrounding areas allowed restaurants in the O&I district. He explained that the 2016 Comprehensive Plan identified the O&I district as a typical zoning category for the Commerce Zone, Employment Center, Community Mixed Use, and Urban Mixed Use place types. He added that restaurant uses were in line with the recommended uses for those place types and could be appropriate in proximity to the O&I uses. He explained that the recent trend of work from home has increased the interest in diversifying the uses allowed in office structures and the proposed change could allow the adaptive reuse of existing buildings. Mr. Dickerson concluded his presentation and stated that staff recommended approval of the text amendment request, the item would move to the September 3 Board of Commissioners meeting depending on the outcome tonight, and that he was available for any questions. In response to questions from the Board regarding whether adaptive reuse of existing buildings for a restaurant would still be limited to 3,000 square feet, Mr. Dickerson replied that they would still be limited. In response to questions from the Board regarding what O&I uses took up the most acreage, Mr. Dickerson replied that the Cape Fear Community College North Campus occupied roughly 100 acres and the Scotts Hill Medical Plaza occupied roughly 40 acres. Chair Tarrant invited the applicant for their presentation. Cindee Wolf, Design Solutions, gave a brief overview of the application. She explained that she has been considering this change for years as it would put services near their potential users, maximize land use efficiency and because typical office uses were becoming outdated. In response to questions from the Board regarding the applicants’ thoughts on limiting drive thrus, Ms. Wolf replied that she was in agreement with that as it was acceptable for the zoning district. With no other speakers in favor or opposition, Chair Tarrant closed the public hearing and opened the meeting to Board discussion. In response to questions from the Board regarding how to add the provision on limiting drive thrus, Planning and Land Use Director Rebekah Roth replied that it could be added as a condition in the motion and staff would work to draft the appropriate code language. DR A F T Board Member Clark Hipp stated that the request made sense as workers needed the ability to get food without travelling long distances and the recommended conditions would limit traffic impacts. Board Member Kevin Hine stated that allowing food service in the district would decrease the possible traffic trips because workers could walk to the restaurant so limiting drive thrus could possibly have a negative affect on business. Board Member Hansen Matthews stated that most of the traffic would be quick visits by people on their lunch break or going home so the impact of a drive thru would not be high. Vice Chair Moore confirmed that Board Member Hansen Matthews was in favor of allowing drive thrus. Board Member Hansen Matthews added that he believed this was a needed service, especially where the new hospital was being built. Board Member Kaitlyn Rhonehouse stated that she was in favor of limiting drive thrus as it would encourage walkability and minimize the risk of traffic incidents. Chair Tarrant stated that he believed that limiting drive thrus would meet the original intent of the O&I district and would help increase walkability. Vice Chair Moore stated that the options in the northern portion of the county were very limited and would require driving. In response to questions from the Board regarding staff consideration of a similar amendment in 2018, Ms. Roth replied that staff had only considered limiting drive thrus at the time. She indicated she did not recall why the amendment was not ultimately pursued but that at the time staff wanted to limit the range of uses allowed in each district in an effort to make conditional rezonings less necessary. Vice Chair Moore stated that he was in favor of staff’s recommendation, and it could be readdressed in the future if the outcomes were not what was expected. Board Member Clark Hipp stated that if an applicant wanted a drive thru, they could apply for a rezoning and that would allow a deeper review of traffic impact for that specific area. Board Member Pete Avery made a MOTION to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to allow the use of Restaurant as by-right in the O&I, Office and Institutional zoning district with the additional use standard capping the use at 3,000 square feet and excluding drive thrus as it was consistent with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools and it was reasonable and in the public interest because it is a use common in office districts, serves the intent of the O&I district to create economic clusters, and would allow more adaptive reuse for existing buildings. Chair Tarrant asked the applicant if they were agreeable to the motion as stated given the additional condition related to drive-thrus and if she would like to proceed with a vote, Ms. Wolf replied that she was in agreement with the condition and wanted to proceed with a vote. DR A F T SECONDED by Board Member Clark Hipp. Chair Tarrant reiterated that the motion excluded the use of drive thrus. The motion to recommend approval or Text Amendment Request (TA24-04) passed 7-0. Other Items Announcements Ms. Roth provided an update on the Comprehensive Plan update project, Destination 2050. She stated that there would be a public forum conducted by staff on August 12 at 230 Government Center Drive at 5:00 PM and encouraged attendance. She explained that there would be a joint Planning Board/ Board of Commissioners meeting soon that would be advertised closer to the meeting date. Ms. Roth explained former Chair Petroff would remain on the Technical Advisory Committee for continuity, but a current member of the Board should participate as the Board was the steering committee. In response to questions from the Board regarding how many members were on the TAC, Ms. Roth replied that there were about 15 members from various county departments, surrounding local governments, the school system, and CFPUA. Board Member Clark Hipp made a MOTION to ADJOURN the meeting. SECONDED by Board Member Pete Avery. The motion to adjourn the meeting passed 7-0. The meeting adjourned at 5:17. DR A F T