200508 Aug PBM
MINUTES OF THE
NEW HANOVER COUNTY PLANNING BOARD MEETING
August 4, 2005
The New Hanover County Planning Board met Thursday, August 4, 2005 at 7:00 p.m. in
the County Court House, 24 North Third Street, Wilmington, NC to hold a public
meeting.
Members Present: Staff Present:
Walter Conlogue, Chairman Dexter Hayes, Planning Director
Sandra Spiers, Vice Chairman Sam Burgess, Planner
David Adams Linda Keough, Administrative Secretary
Sue Hayes Holt Moore, Assistant County Attorney
Robin Robinson
Frank Smith
Kenneth Wrangell
Sandra Spiers opened the meeting by welcoming those present to the public hearing. Ms.
Spiers explained that Chairman Conlogue would be arriving later. Therefore, she would
be chairing the first portion of the hearing. Sam Burgess led the reciting of the Pledge of
Allegiance to the Flag.
Sandra Spiers proceeded with the approval of the minutes. Sue Hayes made a motion to
approve the July minutes. Frank Smith seconded the motion. The Board approved July
7, 2005 minutes by a vote of 6-0.
Item 1: Rezoning - Request by Withers & Ravenel for Todd Properties, LLC to
rezone approximately 20.51 acres of property located at 2200 North College Road,
from B-2 Highway Business/R-15 Residential to R-10 Residential. (Z-805, 08/05)
Sam Burgess gave a brief review of the request, agency comments and related
information.
Cindee Wolf, representing Todd Properties, stated that she felt that the property is in a
position for a higher density development than the existing R-15 District allows.
Don Terrell, 3610 Broken Limb Court, feels that rezoning this property would bring in
too much traffic to the area
Thomas Crossland, 3620 Bent Tree Court, stated his concerns regarding depreciation of
his property value. He stated that he did not feel that this project would help the
community.
Ron Gunter, 7016 Fallen Tree Road, stated that there is no access to I-40. He added that
there is atraffic problem at the Murrayville intersection.
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Ray Marshbum, 3621 Bent Tree Court, stated that he would like to know exactly what is
planned for the property and how it will be developed. He added concerns regarding the
traffic.
Cecil Ward 3605 Bent Tree Court, expressed his opposition to the application. He stated
that he felt that it would affect public safety.
Elizabeth Bongard, 3613 Bent Street, expressed concerns regarding entry to the property.
Cindee Wolf stated that the proposal for this application is for rezoning only. She added
that the concerns for developing an apartment complex or other residential neighborhood
should be expressed if the project comes to the Planning Board for a high density special
use permit application. She further explained that this application is only to rezone the
property from R-15 to R-10.
Dexter Hayes provided staff comments.
STAFF COMMENTS:
The subject property is located at the southern right of way confluence of I-40 and North
College Road. The applicant's request involves rezoning a 20.50 acre parcel of land from
B-2 Highway Business/R-15 Residential to R-10 Residential. The property has
approximately 1,650 feet of road frontage on North College Road and approximately
1,200 feet of frontage on I-40. North of the property is an existing commercial node at
the intersection of Murrayville and North College Roads which provides a variety of
services that include several conveniences and gas stations, a grocery store and
pharmacy. Adjacent and to the east is an existing R-10 Residential District known as the
Bent Tree subdivision residential neighborhood. To the west is Murrayville Station, an
existing industrial park approved in the mid 1990's.
An examination of existing infrastructure near the area reveals that public water is
located adjacent and north (shopping center) of the subject property and also to the east
(Bent Tree subdivision). Public sewer is also located nearby. Access to the site would be
restricted from I-40 and limited to a right-in and right-out from North College Road due
to safety concerns. No median cut exists from the property to the southbound lanes of
North College. The latest traffic counts south of the intersection of Murrayville and
North College roads is approximately 25,498 vehicles ADT. The most suitable access to
the property would be through the shopping center located adjacent and to the north.
The applicant's request for a rezoning to R-10 Residential has merit. The area is located
in the Urban Transition class that support intensive development on land that has public
water and sewer service located nearby. The rezoning request is also located adjacent to
an R-10 Resident District that has existed for a number of years. The only impediment to
the property is access which can be reviewed through a Traffic Analysis once a site plan
has been submitted to the County for review. Staff recommends approval of the
applicant's request to rezone the 20.50 acre from B-2 Highway Busienss/R-15
Residential to R-10 Residential.
Sue Hayes asked Dexter Hayes to explain the process to consider an apartment complex.
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Dexter Hayes replied that a traffic study would have to be done. They would then
generate a site plan with parking, landscaping, number of units proposed, etc. which
would be processed through a Technical Review. After that takes place an application
for a Special Use Permit would be required and brought before the Planning Board and
County Commission.
David Adams made a motion to approve the rezoning request. Sue Hayes seconded the
motion. The Board approved the motion with a vote of 6-0.
Item 2:Rezoning - Request by Dean Scarafoni to rezone approximately 24.23 acres
of property located at 8273, 8301 & 8305 Market Street from R-15 Residential to B-
1 Neighborhood Business (Z-806, 08/05)
Sam Burgess gave a brief review of the request, agency comments and related
information.
Dean Scarafoni, applicant, stated that he would be happy to answer any questions.
Dexter Hayes stated that Mr. Lea and Mr. Sneeden sent letters requesting that their
properties be included in this rezoning petition which would include lots 3, 10, 14 and 15.
Dexter Hayes provided the staff summary.
STAFF SUMMARY:
The subject property consists of three (3) parcels of land located in the southwest
quadrant of the I-I40 Bypass and Market Street. The total acreage of all three parcels is
24.23. These parcels adjoin a rapidly developing commercial center serving the Porters
Neck Community. This commercial node was established in the early "90s. commercial
land uses that have evolved during the past decade include the Porters Neck Shopping
center and Oak Landing Shopping facility. Other retail and professional office type
facilities are located nearby, primarily south the Porters Neck/Market Street intersection.
An apartment complex with approximately 260 units is located directly behind the
Porters Neck Shopping Center. The I-I40 Bypass scheduled to be completed and
operational next summer.
During the past 7 years, the Porters Neck Road area has witnessed significant residential
growth. This growth can be attributed to the availability of public water and sewer.
Several new residential neighborhoods along Porters Neck and Edgewater Club Roads
have also been developed largely in response to the availability of these services. As a
result, the demand for retail services for these and other established neighborhoods has
increased.
The applicant's request to rezone approximately 24 acres to B-1 Neighborhood Business
appears to be logical extension to the commercial node at Porters Neck Road and Market
Street. The zoning area is also consistent with the Land Use Plan's Urban Transition
Classification and is within the Urban Services Growth Boundary as amended in July,
2001. The potential for High Density residential land use also exists as evidenced by the
apartment complex located nearby. Staff recommends approval of the zoning petition
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and also recommends that parcel 15 and the adjoining r/w be included in the rezoning
petition. Even though a portion of the petition has a considerable amount of depth
extending from Market Street, the rear portion of the property is within the 500 foot
SHOD Boundary extending from the Bypass. The SHOD requirement will impose a 100
foot setback for buildings and parking in order to preserve the natural woodlands and
open space along this roadway.
David Adams asked how Mr. Scarafoni plans to handle the high water table. Mr.
Scarafoni stated that he did not have a plan at this time but was aware that he would not
be allowed to fill.
Frank Smith made a motion to approve the rezoning request and to include the additional
lots 3, 10, 14 and 15. Mr. Wrangell seconded the motion. The Board approved the
motion with a vote of 6-0.
Chairman Conlogue re-opened the meeting after a ten-minute break.
Item 3: Rezoning - Request by SENCA Properties, LLC to rezone approximately
26.65 acres of property located in the 9000 block of Market Street (east side) from
R-15 Residential to CD(O&I) and rezone approximately 20.40 acres of property
from R-15 Residential to CD(B-1) Neighborhood Business (Z-807, 08/05).
Sam Burgess gave a brief review of the request, agency comments and related
information.
Mike Nadeau representing SENCA Properties, LLC, stated that SENCA is composed of
over 100 physicians. Mr. Nadeau explained that they are requesting a conditional use
rezoning and special use permit for a 60-bed hospital, medical offices and some retail.
He added that they have modified the plan that was originally submitted adding that the
plan includes a TIA with improvements that are now under construction along with up
scaled landscaping. He stated that the maximum impervious area for any zoned area is
not over 60%.
Chris Bonev stated that this is not a major retail center but is a medical/retail center. Mr.
Boney provided a slide show overview of the proposed Scotts Hill Village.
David Hollis, Hanover Design Services, stated that the proposal for this project is in
compliance with local, state and federal regulations for stormwater drainage.
Chris Bonev continued with the remainder of the slide presentation and explained that the
setbacks from the residential area to the hospital have been doubled from the setback
requirement. He further explained that the proposed site plan and the revisions were
made to the plan after meeting with the area residents and other agencies.
Dr. Hormoze Goudarzi explained that SENCA consists of 103 local physicians who have
invested in this project. He added that the property is 198 acres but they are only asking
for the rezoning of 44 acres. It is anticipated that a two story 60 bed hospital smaller than
Cape Fear Hospital will be built as well as doctor offices, physical therapy, emergency
centers, X-Ray centers, dental offices, etc. He stated that Pender County, New Hanover
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County and other nearby areas would benefit from this medical development. He added
that they have gone to great length to ensure development of highest character and quality
in engineering, structure and design.
Dr. Shvam Garg stated that he feels that this project is needed in the community and that
it will improve property values.
Mark Ragazzino, 234 Seagull Lane, member of New Hanover County Radiologists and
participating in SENCA, stated that currently patients are traveling down Military Cutoff
and Market Street to get to the present medical facility. He added that he feels that this
new facility is needed in the area and believes that it will prevent the patients from having
to travel on those heavily congested roads and will provide the services needed.
Jim Mullins, Salem Woods Subdivision, stated that the project does not have to extend
into the residential neighborhoods. He feels that the commercial portion of the project is
too large compared with the medical portion. Mr. Mullins added that he is not opposed to
the project but concerned about too much retail. Mr. Mullins provided a petition signed
by neighborhood residents who feel that the proposed projects are too intrusive to the
existing residential area.
Paula Bushardt, President of the New Hanover Conservancy, stated that they feel that this
project is in the wrong place. She stated that they do want this type of development but
feels that it would be better suited on the west side of Porter's Neck or other location.
Steve Skavroneck, co-president of Cape Fear River Watch, read the River Watch's
statement, which asked that the project be denied. They expressed concerns regarding in
ground filtration and storm water runoff.
Beth Taylor, partner in Foye Taylor Family Partnership along Scott's Hill Road, stated
her concerns regarding developing an oversized project and impacts on Futch Creek. She
added concerns regarding topography and traffic.
Jane Kopez nski 340 Okeechobee Road, provided a resolution from the Council of
Neighborhoods Association, stating concerns for environmental protection and asked the
Planning Board to consider the environment when making a decision.
Ted Wilgis, Coastal Carolina Federation, stated that this is a major project adding that the
state regulations only address the first 1/2" stormwater runoff.
Mike Nadeau explained the proximity of the proposed project to HWY 17 and Pender
County Business Node. He added that the placement of the hospital has been relocated at
the request of the neighbors.
Chris Boney, stated that there is a substantial ridge to separate the commercial site.
Chairman Conlogue asked about the ownership of the hospital and if New Hanover
Hospital has any ownership of the proposed hospital. Mike Nadeau stated that the New
Hanover Hospital has not committed to it at this time. Chairman Conlogue asked Mr.
Nadeau to clarify that at this time New Hanover Hospital does not have ownership of the
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proposed hospital but if it does it would be a branch of the existing hospital. Mr. Nadeau
confirmed.
Dexter Hayes provided staff summary.
STAFF SUMMARY:
This revised request for Scotts Hill village involves a portion of the property that contains
three (3) distinct land use proposals that total approximately 45.05 acres. As noted on the
site plan table, these uses include a "Village Medical Center" which consists of 4.39 acres
- proposed CD(O&I), a hospital facility which consists of 22.26 acres - CD (0&1), and a
commercial "Village" consisting of 20.40 acres - CD (B-1). A list of proposed uses in
the B-1 Neighborhood District is attached.
Traffic Impacts
Access to the project will be from two driveway connections off Market Street. A
secondary access leading to Scotts Hill Road is also proposed. The revised land use
scenario is expected to generate 6,929 net daily trips entering and exiting the site. This is
based upon the traffic consultant's analysis of the following uses:
359 single-family units, 60 bed hospital (200,000 sq. ft.), and approximately 304,400
square feet of medical, general retail, and clinic space.
Drainage Impacts
According to DEHNR requirements, high density type projects near SA waters (Futch
Creek) require the use of infiltration systems on site for the first 1.5 inches of rainfall. In
order to retain excess run-off from larger storm events as required by the County, a piped
system leading to detention ponds will be used. The proposed design will consist of 3-4
infiltration systems with two (2) large detention ponds of over 1 acre. If the two ponds
reach full capacity, discharge through a series of swales to a wetland area (swamp forest)
is proposed.
Water & Sewer
Public water and sewer from the County is proposed for the project. Presently, water and
sewer lines are located nearby.
Lighting
Low light emission (shoebox) fixtures with light cut-off features are proposed for the
project. These fixtures will have fractional foot candles of light spread out approximately
20 feet to reduce light pollution.
The property is located in the Futch creek watershed and is classified resource protection
in the Comprehensive Plan. The purpose of the Resource Protection class is to provide
for the preservation and protection of important natural, historic, scenic, wildlife and
recreational resources. Compatible commercial and industrial development may be
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adversely impacted. Planning staff will have to verify the extents of the Swamp Forest
boundary, however, it appears that it coincides with the regulated wetlands that are being
protected. Several conservation projects have been undertaken on nearby properties to
Foy Creek, which is located on the southeast end of the larger 150 acres. The existing
County stormwater management regulations combined with the state water quality
impacts. Other policies in the Comprehensive Plan support mixed use development in
undeveloped areas in order to maximize benefits from available infrastructure, preserve
valuable natural resources including open space and reduce dependency on the
automobile.
Given the constraints of the project and the unique features of the site, the applicant has
developed a viable plan that provides interconnectivity through public roads, limited
access to Market Street, and some protection for the existing wetland areas. The
applicant is also proposing additional stormwater quality best management practices to
mitigate some of the negative impacts of runoff from the impervious surfaces. The
proposed project and the anticipated future development on the balance of the property,
generally meet the objectives of mixed-use development as stated in the comprehensive
plan. Some of the draft policies and Comprehensive Plan changes that are being
reviewed may allow future changes to the site plan for a more effective transition
between the commercial and residential uses and also better accommodate the objectives
of mixed use development.
In reviewing the most recent plans and objectives of the project and recognizing some of
the natural characteristics of the site including the rolling topography, wetlands and
conservation resources the proposed zoning does not transition as well as anticipated.
Additionally, the proposed project is still significantly large with a 20-acre Neighborhood
Business District.
The initial premise behind establishing this master plan was the time schedule for
developing the Ambulatory Surgery Clinic. However, given the unique topographic
features of the site, the wetland features, the proximity to SA waters, the make up of the
forest and land cover and the general impact and scale of the project; staff recommends
that the scale of the project be reduced, either by limiting the square footage or the
amount of impervious coverage, or both. The present plan for 60% impervious coverage,
though an improvement, is not an exceptional design for SA waters. Recognizing the
need for an expanded medical office park connected to an existing commercial zoning
district in Pender County at the corner of Scott's Hill Road, staff believes that this larger
regional commercial center is an unnecessary duplication of services already being
provided to the surrounding neighborhoods at Porter's Neck Road.
Staff should also note that according to the 2005 State Medical Facilities Plan, New
Hanover County and Pender County would still have a surplus of 63 and 27 acute care
beds in 2009. The only justification for a new hospital facility at this time would be the
relocation of existing services outside of Wilmington.
Staff recommends approval of the applicant's request with a reduction in the commercial
part of the project. Additional conditions should be addressed as part of the conditional
use approval.
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Chairman Conlogue confirmed that there was going to be a meeting on August 15th at
4:30 p.m. at Wesley Methodist Church to discuss access management along Market
Street. He also stated that he would be meeting with DOT on Friday morning to discuss
the new road improvements and asked Dexter Hayes to attend if impossible. Chairman
Conlogue inquired about staff recommendations to scale down the commercial portion of
the proposed project. Mr. Hayes replied that he would suggest that the overall square
footage be reduced.
Chairman Conlogue stated that it was implied that New Hanover County has a surplus of
63 beds available adding that he did not think that was the case. Sue Hayes asked if there
is a Certificate of Need for 60 beds. Chairman Conlogue replied that there is not a
Certificate of Need for this project.
Dr. Gourdazi stated that New Hanover Hospital and Cape Fear Hospital occupancy rate is
artificially low.
David Adams stated that the plans for the hospital are contingent on New Hanover
Hospital transferring a 60-bed allocation to this project. Chris Bonev stated that at this
time New Hanover Hospital is not a part of the proposed hospital. He added that SENCA
would like New Hanover Hospital to be part of it but there has been no agreement at this
time. Sue Hayes confirmed that the hospital is the last thing to be built on this project.
Chris Bonev stated that they would have to go through the Certificate of Need process
before building the hospital. He added that the medical offices would be built first and
the hospital would come later.
Sandra Spiers stated that she did not think the applicant is trying to fool anyone and that
rezonings for a proposed project is done all of the time.
Robin Robinson asked if staff is satisfied with the 60% impervious surface. Dexter
Hayes replied that it is an improvement but a further decrease would be even better.
Sue Hayes stated that she is concerned about preserving the watersheds.
David Adams commended the applicant for addressing many of the concerns. However,
he stated his concerns regarding possible sink holes and the 30' landscape berm.
Kenneth Wrangell stated that he has some concerns with the impact on the Futch Creek
watershed.
Sandra Spiers stated that she was impressed with all those involved in trying to work
together on the project. She did say that she feels that it is a good project but may need to
be scaled down.
Frank Smith commended the applicant in addressing the surrounding property owners
concerns and sensitivity to the natural resources. He added that he felt that the
commercial should be closer to the Scotts Hill corner. He added that he feels there is an
opportunity to reduce the amount of acreage and get everything on the site.
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Mike Nadeau stated that they have scaled back to below 60% impervious surface and
have brought forth a long term total plan as asked by the Planning Board.
Robin Robinson suggested taking Buildings 10, 11 & 12 off the plan for this approval
and bring back at a later time.
David Adams made a motion to continue the request and asked the applicant to formally
respond to the Board's suggestions at the neat meeting. Sue Hayes seconded the motion.
The Board approved the motion with a vote of 7-0.
Sue Hayes made another motion to hold a work session with the applicant and the
Planning Board on Wednesday, August 24th at 4:00 p.m. The Board unanimously
approved the motion.
Sam Burgess provided the Technical Review Committee (TRC) report.
Edgewater Trace
? Resource Protection
? 18 lots
? Public water & sewer
? Private Roads
Sue Hayes stated that she encourages public comment on items brought to the Planning
Board. She added that there might be times when a time limit is needed; however, she
encourages the public comments.
OTHER BUSINESS:
Robin Robinson made a motion to nominate Walter Conlogue to be Chairman of the
Board. Sue Hayes nominated David Adams to be Chairman. Sandra Spiers seconded the
motion to nominate Walter Conlogue as Chairman of the Board. Sue Hayes' motion to
nominate David Adams died for lack of a second. The Board approved the nomination of
Walter Conlogue to serve as Chairman by a vote of 6-0.
Walter Conlogue made a motion to nominate Sandra Spiers to serve as Vice Chairman.
Robin Robinson seconded the motion. The Board approved the motion by a vote of 6-0.
Sue Hayes made a motion to nominate David Adams to serve as Chairman of the
Technical Review Committee (TRC). Robin Robinson seconded the motion. The Board
approved the motion by a vote of 6-0.
Being no further discussion, Sandra Spiers made a motion to adjourn the meeting. The
Board unanimously approved the motion. The meeting adjourned at 11:25 p.m.
Dexter Hayes, Planning Director
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