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200610 Oct PBM MINUTES OF THE NEW HANOVER COUNTY PLANNING BOARD OCTOBER 5, 2006 The New Hanover County Planning Board met Thursday, October 5, 2006 at 5:30 p.m. in the County Court House, 24 North Third Street, Wilmington, NC to hold a public meeting. Members Present: Staff Present: Paul Boney, Chair Chris O'Keefe, Planning Director David Adams Sam Burgess, Principal Development Planner Melissa Gott Karyn Crichton, Administrative Support Specialist Jay Williams Kemp Burpeau, Deputy County Attorney Paul Boney opened the meeting by welcoming the audience to the public hearing and led the reciting of the Pledge of Allegiance. David Adams made a motion to approve the August and September Planning Board minutes. Jay Williams seconded the motion. The Planning Board voted 4-0 to approve the minutes. Item 1: Special Use Permit (S-567, 8/06) - Request by Lewis Martin & Jussara Bastos to locate a Bed & Breakfast Inn on 1.28 acres at 1731 Castle Hayne Road in the R-15 zoning district. Sam Burgess presented the slides and gave a brief overview of the site's history, land use, zoning, level of service (LOS), site plan and related information. Lewis Martin, applicant, stated that he is requesting a special use permit to operate a bed and breakfast. Mr. Lewis stated that there are not many B&B's outside the City of Wilmington and that a B&B would enhance the area. Mr. Lewis provided details regarding the flow of traffic and parking and stated that the design would allow for good traffic flow. Mr. Lewis stated that the B&B would have four rooms for rent. Chris O'Keefe stated that Karen Hufliam, adjacent property owner, who could not attend the meeting, opposes the B&B and submitted her statement to the record. David Adams asked the petitioner to provide details of the rear portion of the lot. Lewis Martin stated that the far rear portion contains a fenced in area, containing a lamb and goat; the remainder of the rear portion is grass. Mr. Lewis stated that he plans to landscape the rear portion and add park benches for guests' enjoyment. Jay Williams inquired if the applicant would reside at the residence. Lewis Martin stated that the property is his primary residence. Paul Bonev asked the applicant to explain what type of lighting would be used for the parking area and to provide details regarding storm water treatment and drainage. Lewis Martin stated that he plans to use 3-foot lantern lighting along the driveway, which would not be offensive to his neighbors. Mr. Lewis stated that inspectors thought his drainage was sufficient. Melissa Gott inquired if the applicant had discussed the B&B plan with his neighbors. Lewis Martin stated that the neighbors he spoke with, were in favor of the B&B. Mr. Lewis further stated that inspections show there to be more than sufficient well and septic systems in place Chris O'Keefe provided the findings of fact: Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The property is served by well and septic tank. B. The property accesses Castle Hayne Road, an identified arterial. C. Fire Service is available from the Wrightsboro Fire Station. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. Bed & Breakfast is allowed by special use permit in the R-15 Residential District. B. Off-street parking requirements of 1 space per bedroom plus 1 per employee are shown on the plan and meet the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The site plan indicates a parking arrangement to facilitate entrance to and exit from the property without backing into the right of way. A circular drive will be added. D. Signage cannot exceed four (4) square feet. E. No lighting beyond normal residential lighting is allowed. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Until recently Bed & Breakfast Inns have not been allowed in the county. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. C. No new structures are proposed for the Special Use. 4. The Board must rind that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan identifies this area as Transition, which provides for continued intensive development with urban services in place. B. Policies in the plan support preservation of residential character and quality of life in existing neighborhoods. Jay Williams inquired whether the proposed lighting would be considered appropriate for a residential area Chris O'Keefe stated that the proposed lighting is appropriate for residential areas and the County's Inspections Department would investigate complaints and violations regarding improper lighting. David Adams made a motion to recommend approval of the item. Jay Williams seconded the motion. The Board voted 4-0 to recommend approval of the item. Item 2: Rezoning (Z-849, 10/06) - Request by Worsley Investment & Development to rezone approximately 12 acres located at 5939 Judges Road near 6009 Market St. from I-1 Industrial District to R-10 Residential Zoning District. Sam Burgess presented the slides and gave a brief overview of the site's history, land use, zoning, level of service (LOS), site plan and related information. David Carson Biltmark Developers, stated that the request for rezoning is appropriate because the property is adjacent to existing residential districts. Mr. Carson further stated that it would be more suitable for the adjacent subdivisions to have residential neighbors rather than commercial or industrial. Mr. Carson added that the rezoning would benefit residents because residential districts generate less traffic than commercial or industrial. No one spoke in opposition to the item. There were no Board comments or discussion. Chris O'Keefe provided the staff summary: STAFF SUMMARY The subject property is located on Judges Road near Market Street. Access is from an adjacent residential lot on Judges Road, which connects to the interior parcel as part of the proposal. Judges Road was not rated for level of service since it is classified as a local road. The site does not directly access Market Street, which is a principal arterial roadway less than a block from the site. Market Street level of service is F, meaning traffic exceeds capacity. Traffic counts are not available for Judges Road. Market Street average daily traffic increased over 27% between 2001 and 2005. The subject property consists of two lots. The smaller parcel on Judges Road is currently developed with one single family home and the larger interior parcel is vacant. Properties surrounding the site are currently developed. Adjacent parcels to the south are zoned I-1 and developed as Judges Road Business Park. West of the subject property is zoned R-10 (Wildflower, Crestwood and Weatherwood subdivisions) and developed with single- family residential use. North of the subject property, zoning is I-1 Industrial and is developed with automotive sales and repair uses. The City's jurisdiction begins directly adjacent to this site on the east side along Market Street. The property is located within the Smith Creek watershed drainage area but is not within the regulatory floodplain. The site is in a primary recharge area for the principal aquifers. Public water and sewer are available at the site. There are no known locally protected conservation, historic or archaeological resources on the site. Land Use Plan Considerations: The 2006 Update of the Joint CAMA Plan describes the urban classification as areas providing for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Policies in the land use plan encourage designation of sufficient land area and suitable locations for the various land uses and encourage preservation of the character of existing neighborhoods and quality of life with the primary strategy to integrate development and growth with input from residents, and also to develop design standards to replace use standards. Transition of lands from one use to another is not specifically addressed. This rezoning petition proposes a change to allow the county's highest residential density in an expansion of an exiting R-10 district (Wildflower Subdivision), thereby eliminating 12 acres of future industrial opportunity. Such a change would be an expansion of the residential density policy in the area and allow residential use on this acreage of 3.3 units per acre where none is currently allowed. High density residential would not presently be allowed because the property does not front on an identified collector or higher level street. For this parcel, the resultant maximum residential potential under current conditions would be about 39 single-family units. If a collector street were platted and constructed to serve the site, a high-density proposal could be considered. Maximum output on a high-density project would be about 200 units. Other permitted uses in the R- 10 district include agricultural uses, wholesale nurseries and greenhouses, towers and antenna, golf courses, parks and recreation areas, residential care, schools, churches, libraries, landscape landfill, mobile homes, outdoor bazaars and a variety of special uses. Traffic will likely feed primarily to Market Street but impacts may also be felt through the existing neighborhoods as travelers take alternative routes to Market Street via Harley Road, Gordon Road via Wood Sorrell Road in Weatherwood or N. College Road. via indirect routes through Kings Grant or Crestwood subdivisions. Weekday average trip generation for single-family detached units is estimated to generate 9.57 trips per day (ITRE manual). With the requested change of zoning, anticipated residential trip generation would be approximately 383 trips per day compared to a variety of potential industrial generators, which could generate as much as 7 trips per 1,000 square feet of building area. Based on the adjacency to an existing R-10 district and the anticipated improvements to traffic flow from the Martin Luther King Parkway, Military Cutoff and the I-140 bypass staff recommends approval of the rezoning. Melissa Gott made a motion to recommend approval of the item. Jay Williams seconded the motion. The Board voted 4-0 to recommend approval of the item. Item 3: Rezoning (Z-850, 10/06) - Request by Withers and Ravenel for GSSC Properties, Sellers, Carter, and Gaskins to rezone approximately 5.79 acres located at 609, 611, 621, 623, and 625 Piner Road from R-15 Residential Zoning District to O&I Office & Institutional Zoning District. Sam Burgess presented the slides and gave a brief overview of the site's history, land use, zoning, level of service (LOS), site plan and related information. David Adams inquired if any improvements were slated for Clayton Horn Dairy Road. Sam Burgess stated that Clayton Horn Dairy Road is a private unimproved road currently. Cindee Wolf Withers & Ravenel, representing the property owners, explained that the property is slated to be an extension of the adjacent property to the west, Junction Creek Office Park, which intends to improve Clayton Horn Dairy Road as part of its project. Ms. Wolf stated that the proposal is consistent with the county's policies for growth and development and would abide by all county regulations. No one spoke in opposition. There were no Board comments or discussion. Chris O'Keefe provided the staff summary: STAFF SUMMARY The subject property is located on Piner Road near S. College Road at Monkey Junction. Access is from Piner Road, which is identified as a major collector on the thoroughfare plan. Level of service has been rated F on Piner Road and on nearby College Road, meaning traffic volume exceeds capacity. The subject property is currently developed with residential uses in addition to vacant, wooded acreage at the rear along Clayton Horn Dairy Road. To the east of the subject property is the Federal Point Pentecostal Church and two additional residential parcels. Thereafter, zoning changes to O&I. Immediately west of the site is currently vacant but zoned O&I. Behind the site is the largely vacant 18-acre property brought before the Planning Board last month for rezoning from R-15 to R-10. The subject property is located within the Mons Creek watershed drainage area and includes a small area at the front of the property within the 1% annual chance floodplain. The site is in a primary recharge area for the principal aquifers. Public water and sewer are available at the site. With the exception of the small floodplain, there are no locally protected conservation, historic or archaeological resources on the site. Land Use Plan Considerations: The 2006 Update of the Joint CAMA Plan classifies this site as predominantly Transition with a small area of Conservation. The CAMA Plan defines the Transition classification as areas providing for future intensive urban development on lands that have or will have urban services. The Plan applies a density limit of 2.5 units per acre on areas in the Conservation class. Policies in the land use plan encourage designation of sufficient land area and suitable locations for the various land uses and encourage preservation of the character of existing neighborhoods and quality of life with the primary strategy to integrate development and growth with input from residents, and also to develop design standards to replace use standards. Transition of lands from one use to another is not specifically addressed. This rezoning petition proposes a change from moderate density residential use to office and institutional designation. The change would expand an existing O&I district on the west, partially filling in the gap between existing O&I districts along Piner Road near the intersection. Permitted uses in the O&I district include agricultural uses, wholesale nurseries and greenhouses, utility facilities, towers and antenna, neighborhood drug store, banks, funeral homes, parks, barber & beauty shops, health and personal care facilities, daycare, schools, churches, business and professional offices, residential dwellings, mobile homes, and a variety of special uses, including high density residential development. Primary access to this property will be from Piner Road which functions at level of service F. Average daily traffic volume increased by 12% in this location between 2001 and 2005. The extent of traffic impacts will depend upon the uses ultimately chosen for the site. Land use decisions in this location must consider impacts to the roadways, which already function at or above capacity. In this case a specific use in not identified so it is impossible to say with certainty that a change in zoning to O&I will worsen the burden on the roadway. Recent decisions to allow increases in residential intensity in this area support the concept that Monkey Junction will continue to grow as a center for urban development. Rezoning to O&I will reinforce this pattern of growth. Because of these reasons, staff recommends approval of the rezoning. Jay Williams made a motion to recommend approval. Melissa Gott seconded the motion. The Planning Board voted 4-0 to recommend approval of the item. Item 4: Condition Use Zoning District (Z-851, 10/06) - Request by Ward and Smith, PA for Bill Clark Homes of Wilmington, LLC to rezone approximately 5.8 acres at 5025 and 5031 Carolina Beach Rd. (off Appeals Rd.) from R-15 to CD (R-10) High Density. Sam Burgess presented the slides and gave a brief overview of the site's history, land use, zoning, level of service (LOS), site plan and related information. Tom Johnson, Ward and Smith, PA, representing Bill Clark Homes stated that the property is classified as urban, which allows for high-density, multi-family homes. Mr. Johnson stated that the project would be an extension of Willoughby Park and is consistent with the City of Wilmington's plan for growth and development of the area David Adams inquired if the applicant was meeting or exceeding setbacks and parking requirements. Rob Balland, Paramounte engineering, stated that the setbacks exceed the minimum requirements. Warren Rice, Vice President of the Willoughby Park Condominium Home Owners Association, expressed concern regarding increased traffic as a result of the proposed development. Mr. Rice proposed that a traffic study be performed to determine the impact of the proposed development and suggested the installation of a blinking traffic lat the intersection on Carolina Beach Road and Willoughby Park Court. Mr. Rice also expressed concern regarding drainage and stated that the retention pond at Willoughby Park is not up to code and consequently Willoughby Park is experiencing drainage problems. Mr. Rice added that the developer for the proposed project also developed Willoughby Park. Jay Williams asked the petitioner to elaborate on the drainage issues. Warren Rice explained that the retention pond behind the 1600 building overflows due to an open trench that is incomplete. Jesse Ray Cox Willoughby Park resident, spoke in opposition citing drainage and traffic concerns. Mr. Cox explained the difficulty of making a right hand turn onto Carolina Beach Road from Willoughby Park Court due to the volume of traffic. Martin Sultan Willoughby Park resident, expressed concern regarding the increase in traffic that the proposed development would bring and cited the difficulty of making a right hand turn onto Carolina Beach Road from Willoughby Park Court due to the volume of traffic. Gisela Augustin, Willoughby Park resident, expressed concern regarding the difficulty of making a right hand turn onto Carolina Beach Road from Willoughby Park Court due to the volume of traffic. Ms. Augustine also expressed concern for the safety of pedestrian traffic along Willoughby Park Court if the proposed development is approved. Tom Johnson stated in his rebuttal that Appeals Road is a 50-foot right of way designed to collector road standards to provide access for the area. Mr. Johnson felt that the concerns regarding traffic were associated with Carolina Beach Road, and not Appeals or Willoughby Park Road. Mr. Johnson stated that the DOT and MPO stated that a traffic study was not required. Mr. Johnson also stated that the proposed project would not contribute to the drainage issues at Willoughby Park; and that they would be responsible for retaining their storm water; that their retention ponds would be constructed to comply with county and state standards. David Adams asked for more details regarding the storm water retention system. Rob Balland provided details regarding the storm water retention system including the drainage easement, the flow of the storm water, and topography of the land. Melissa Gott asked Planning staff to estimate how much more traffic would be generated by this project since a TIA was not required. Chris O'Keefe stated that the project would increase traffic by one-third. There was discussion between Paul Boney, Tom Johnson and Rob Balland regarding the amount of vegetation that would be left within the 25-foot building setback. Mr. Balland stated that approximately five to ten feet from the building would be cleared for patios and backyards for the units; the remainder of the area would be left unless the vegetation interfered with the building footprint. Mr. Johnson stated that they would be amenable to constructing a coated chain link fence and a split rail fence around the retention pond; planting a five-foot vegetative buffer across the south eastern property line to conceal the retention pond; and limiting construction to Monday through Friday from 8:OOAM to 6:00 PM. Michael Moser, property owner of 5025 and 5031 Carolina Beach Road, stated that a 25- foot vegetative buffer currently exists from the Willoughby Park property line inward. Gisela Augustin, Willoughby Park resident, asked for clarification regarding the 25-foot setback and how much vegetation would be removed. Ms. Augustin expressed concern for the safety of pedestrians along Willoughby Park Court given the increase in traffic that the proposed development would generate. Linda Snow Willoughby Park resident, expressed concern that her current view of the trees and wildlife would be destroyed by the proposed development and replaced with a retention pond. Chris O'Keefe provided the staff summary: STAFF SUMMARY The subject property is located off Carolina Beach Road adjacent to the Willoughby Park development, approximately half a mile northwest of Monkey Junction. Access is from local streets, Appeals Road off Willoughby Park Road, onto Carolina Beach Road, an identified arterial on the thoroughfare plan. Level of service has been rated E on Carolina Beach Road, meaning traffic volume is at capacity. No service ratings are available for the local streets. The subject property is currently undeveloped, wooded acreage at the rear of residential properties along Carolina Beach Road. To the north of the subject property is a high density R-15 residential project (The Lakes at Johnson Farms). West of the site are older R-15 residential parcels separating this site from B-2 commercial zoning. To the east is the Willoughby Park neighborhood, which is a satellite annexation within the City's jurisdiction. Further east is the Walmart and Lowe's Home Improvement Conditional B-2 shopping area. South of the project is a mix of R-15 and CD (B-2). With R-10 residential further south. The subject property is located within the Mons Creek watershed drainage area. It is not within a special flood hazard area. The site is in a primary recharge area for the principal aquifers. Public water and sewer are available at the site. There are no known locally protected conservation, historic or archaeological resources on the site. As a condition for rezoning, the applicant proposes that the use will be restricted to a high- density residential project, which will meet all the requirements of the zoning ordinance. A companion special use permit will bind the proposed use and restrictions to this property. Land Use Plan Considerations: The 2006 Update of the Joint CAMA Plan describes the urban classification as areas providing for "continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future." Policies in the land use plan encourage designation of sufficient land area and suitable locations for the various land uses and encourage preservation of the character of existing neighborhoods and quality of life with the primary strategy to integrate development and growth with input from residents, and also to develop design standards to replace use standards. Transition of lands from one use to another is not specifically addressed. This rezoning petition proposes a change from moderate density R-15 residential use to the county's highest density R-10 residential designation. The change would create anew R-10 district of 5.8 acres adjacent to a multi-family zoning designation within the City's jurisdiction. The resulting increase would be 5 units for performance residential development and 39 units for high-density development. Between 2001 and 2005, average daily traffic volume increased by 30% on Carolina Beach road in this vicinity. Traffic from the site will utilize Appeals Road to access Willoughby Park Road. All traffic will feed into Carolina Beach Road from Willoughby Park Road. Appeals Road intersects with Willoughby Park Road and stubs out at the eastern property boundary of this site. No other points of interconnectivity have been provided within the surrounding area. The Urban land classification promotes more intense urban development. Increases in intensity have been considered and approved in proximity to Monkey Junction to support the area becoming an urban node. The increase in intensity is consistent with the adjacent multi-family and nearby high-density projects. For these reasons, staff recommends approval of the proposed rezoning. Chris O'Keefe provided the finds of fact: PRELIMINARY STAFF FINDINGS FOR THE COMPANION SPECIAL USE PERMIT: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer are accessible for the property. B. The property accesses an identified arterial via local streets meeting the access requirements of Section 69.9(A)2 for residential high density projects. C. Fire Service is available from the Myrtle Grove Fire Station. D. The property is not located in a flood hazard area. E. Storm water retention has been included in the proposed site plan. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. This request is made concurrent with conditional rezoning to R-10 Residential. B. The proposed use is limited to attached single family residential. C. Density for this project is limited by the standards of Section 69.4(5)(B) and results in 43 allowable units on the 5.8 acre site. D. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover County Zoning Ordinance by providing 90 spaces rather than 86 as required. E. Traffic circulation must meet the standards and requirements for private streets outlined in the subdivision ordinance, and the street system must provide adequate access for emergency service vehicles. F. A traffic impact analysis was not required by NCDOT for this project. G. Buffer of 52 feet will be provided between the existing conventional R-15 residential use and this property in accordance with Section 67-4(3) of the zoning ordinance. H. A tree survey has been performed and trees will be protected and mitigated as required in Section 67 of the zoning ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Storm water management must perform in compliance with the requirements of the County ordinance. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan identifies this area as Urban, which allows for higher densities and intensities where public water or sewer is available. B. Policies in the plan support preservation of residential character and quality of life in existing neighborhoods. C. Willoughby Park is a community of attached dwelling units and The Lakes at Johnson Farms is a single-family high-density community. Staff suggested conditions: 1. Coordinate with the City of Wilmington to confirm the appropriate design standards for connection to Appeals Road, a public street in the city's jurisdiction. 2. Site plan must be reviewed by TRC and comments or conditions accepted. Melissa Gott expressed sympathy for the traffic situation at Willoughby Park but stated that inevitable the property would be developed and traffic would increase. Paul Bonev asked Mr. Moser if there were plans to extend Bay Meadows Drive to Carolina Beach Road. Mr. Moser stated that there are no plans to extend Bay Meadows Drive to Carolina Beach Road. Mr. Moser also provided details regarding property lines and stakes and stated that a tree buffer would conceal the retention pond from Willoughby Park residents. David Adams commented that growth is inevitable. Chris O'Keefe suggested a straight R-10 rezoning as an alternative strategy; then have the project submitted to the Technical Review Committee process. Melissa Gott asked what benefit would a R-10 rezoning provide. Chris O'Keefe explained that the technical details would be addressed by all the appropriate review agencies prior to site plan approval versus site plan approval by the Planning Board and County Commissioners prior to TRC review. Dave Adams made a motion to recommend approval of the special use permit portion of the item. Jay Williams seconded the motion. There was discussion regarding the merits of a straight R-10 rezoning with subsequent TRC review. It was stated that the project would still require a special use permit because of the high-density element of the project. Melissa Gott stated that the motion to recommend approval of the item must include staff's recommendations. Paul Bonev requested that the motion include a provision that construction is only permissible Monday through Friday from 8:00 AM to 6:00 PM. David Adams added to his motion the following conditions: 1. Coordinate with the City of Wilmington to confirm the appropriate design standards for connection to Appeals Road, a public street in the city's jurisdiction. 2. Site plan must be reviewed by TRC and comments or conditions accepted. 3. Construction is only permissible Monday through Friday from 8:OOAM to 6:00 PM. Jay Williams seconded the motion. The Planning Board voted 4-0 to recommend approval of the special use permit portion of the item. Jay Williams made a motion to recommend approval of the rezoning portion of the item. Melissa Gott seconded the motion. The Planning Board voted 4-0 to recommend approval of the rezoning portion of the item. Sam Burgess provided an update on the Technical Review Committee's (TRC) activity for the month of September 2006. The Technical Review Committee (TRC) reviewed five projects: 1. Park Ridge Manor at West Bay Estates - The TRC voted 4-0 to approve 109 units with requirements. 2. Mason Landing Yacht Club - The TRC voted 4-0 to approve the preliminary site plan for 25 units with requirements. 3. Citrus Cove - The TRC voted 4-0 to approve the preliminary site plan for 36 lots with requirements. 4. Sunset Reach - The TRC voted 4-0 to approve 53 lots with requirements. 5. Dexter Division - The TRC voted 4-0 to approve 7 lots with requirements. Paul Bonev adjourned the meeting at 7:45 P.M. Chris O'Keefe, Planning Director