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2013-10 Oct 3 2013 PBM Page 1 of 10 Minutes of the New Hanover County Planning Board October 3, 2013 The New Hanover County Planning Board met Thursday, October 3, 2013 at 6:00 p.m. in the Assembly Room of the Historic County Courthouse, Wilmington, NC to hold a public meeting. Planning Board Present: Staff Present: Chairman Richard Collier Chris O’Keefe, Planning & Inspections Director Vice Chair Dan Hilla Shawn Ralston, Planning Manager Andy Heath Ken Vafier, Current Planning & Zoning Supervisor Tamara Murphy Sam Burgess, Senior Planner Ted Shipley, III Ben Andrea, Current Planner Sharon Huffman, Deputy County Attorney Absent: Jennifer Rigby, Long Range Planner Lisa Mesler David Weaver Chairman Richard Collier opened the meeting by welcoming the audience to the public hearing. Ken Vafier led the reciting of the Pledge of Allegiance. Chairman Collier reviewed the procedures for the meeting. Approval of the September 2013 Planning Board Meeting Minutes Vice Chairman Dan Hilla made a motion to adopt the September Planning Board minutes as drafted. Tamara Murphy seconded the motion. The Planning Board voted 5-0 to approve the September 5, 2013 Planning Board meeting minutes. Item 1: Rezoning Request (Z-928, 10/13) - Request by James C. Walker of CBR Wilmington, LLC to rezone 11.43 acres located at 4728 and 4800 Carolina Beach Road from R-15 Zoning District to R-7 Conditional Zoning District to develop a residential subdivision. The subject properties are classified as Urban according to the 2006 CAMA Land Use Plan. Ben Andrea presented the staff summary and provided information pertaining to location, land classification, access, level of service and zoning. Mr. Andrea also showed maps, aerials, video, and photographs of the property and the surrounding area. Page 2 of 10 Staff Summary  James C. Walker, representing CBR Wilmington, LLC, applicant and owner, is requesting a rezoning of one parcel totaling 11.43 acres from R-15, Residential District to R-7, Medium Density Conditional Zoning District.  The subject property is located on the south side of the 4700 block of Carolina Beach Road, approximately 1.25 miles from the Monkey Junction intersection of Carolina Beach Road and South College Road.  The subject site is classified as Urban according to the 2006 Wilmington-New Hanover County Joint CAMA Land Use Plan.  The Urban land use classification is intended to provide for continued intensive development and redevelopment of existing urban areas. The proposal is consistent with the Urban land use classification and not contradictory to any policies within the Land Use Plan.  The existing zoning of the subject parcel is R-15. The zoning in the vicinity of the site is primarily R-15 with some areas of B-1, B-2, Multi-Family, and Office and Institutional zoning districts, including some under the jurisdiction of the City of Wilmington, which are shown with a stippled overlay on the slide.  Existing land use in the area consists of single family residential to the south and southeast, duplexes to the southwest along Yulan Drive, and two commercial uses adjacent to the property to the north. Across Carolina Beach Road, existing land uses consists of a church and a single-family attached residential neighborhood which is currently under development.  The site features approximately 420’ of frontage along and two driveways onto Carolina Beach Road. One of the existing driveways provides access to a single family residential structure at 4800 Carolina Beach Road, and the other driveway provides access to 4728 Carolina Beach Road Units A through E, which are modular single family residential structures.  Carolina Beach Road is considered a major arterial road, and a traffic count performed in late August at two locations near the site yielded Average Daily Trip figures that exceed the design capacity of the road, which is 29,300 trips per day. This represents a Level of Service of “F”.  Various utilities run along the right-of-way adjacent to the parcel frontage along Carolina Beach Road, including overhead energy transmission lines and City of Wilmington traffic signal cables.  Utility easements of varying widths run along the interior of the southeastern and southwestern parcel boundary lines.  Water and sewer may be served to the site through a sewer line that runs along the southern portion of the property and a waterline that runs along the opposite side of Carolina Beach Road. CFPUA staff has indicated that capacity is available at this time to serve the project.  Environmental considerations include a non-navigable water feature known as Long Branch that transverses the southwestern portion of the property. The site lies within drains to Barnards Creek, which has a water quality classification of C, Sw by NC DENR.  Soil types on the site include Johnston Soil, Seagate Fine Sand, Lynn Haven Fine Sand, and Stallings Fine Sand. Page 3 of 10  No portion of the site lies within a Special Flood Hazard Area or hosts any CAMA Areas of Environmental Concern.  The site does not host any known conservation, historic, or archaeological resources.  The site lies within the school districts for Williams Elementary, Myrtle Grove Middle, and Ashley High schools. o Williams Elementary is currently approaching capacity with a current enrollment of 451 students and total capacity of 509 students. o Myrtle Grove Middle is currently over crowded with a current enrollment of 825 students and a total capacity of 810 students. o Ashley High is currently over crowded with a current enrollment of 1846 students and a total capacity of 1590 students. o All of these figures were as of September 26, 2013.  The petitioner is seeking to rezone the property from R-15, Residential District, to R-7, Medium Density Conditional Zoning District to pursue a 42 lot single family detached subdivision under the performance residential subdivision standards.  A site plan is included as part of the conditional zoning district request. Should the rezoning request be granted, a preliminary plan may be submitted for consideration by the Technical Review Committee in accordance with the Subdivision Ordinance.  Because any major modification to an approved conditional zoning district site plan must be approved by the Board of Commissioners, Staff and the Petitioner have worked to address issues that may arise during the TRC review process so as to avoid any major changes to the site plan.  The proposed project, Adams Landing, consists of 42 residential lots, a road network, open space, and stormwater management features on the 11.43 acre site.  All existing structures would be removed and the petitioner is proposing to completely develop the infrastructure initially and record the lots in two phases.  The minimum lot size would be 5,000 and average dimensions of 60’x110’. Maximum height is limited to 35’ per the zoning ordinance.  The applicant has indicated that density is approximately 3.7 units/acre, under maximum allowance of 6 units per acre for R-7 Performance Residential.  A 20’ interior perimeter setback is designated on the site plan.  Access to the subdivision would be provided by a 50’ wide right-of-way subdivision road connecting to Carolina Beach Road.  From this primary road stems two cul-de-sacs and one street terminating with a stub to the adjacent property on the southwestern boundary.  Both of these roads are proposed to have a 40’ wide right of way. All roads are proposed to be built to NC DOT subdivision road standards and dedicated as public.  Sidewalks are proposed on both sides of the streets, consistent with the R-7 district requirements.  Open space is proposed in two areas and a minimum of 1.26 acres is proposed in the southeastern portion of the property.  The area of the stormwater management feature will not be included in the area calculation. Half of the open space will be designated as active, and half as passive.  An additional area of open space is proposed along the frontage on Carolina Beach Road. This area will not count towards the required open space. Page 4 of 10  An 8’ tall opaque fence is proposed along the southeastern boundary line to buffer the new residential lots from the existing residential uses.  Staff’s position is that the proposal is consistent with the regulations set forth in the Zoning and Subdivision Ordinances, the R-7 zoning district, and the Urban CAMA Land Use classification.  Many aspects of the proposal will be further reviewed during the TRC review process, as detailed in the Staff summary.  Regarding road network and design will be required to meet NC DOT standards as well as County Fire Services standards. A driveway permit and any subsequent improvements will be required for the connection to Carolina Beach Road. Sidewalks are required along both sides of the streets and along Carolina Beach Road and must be shown on the preliminary plan.  Traffic impact will be less than 100 peak hour trips, negating the need for a Traffic Impact Analysis.  CFPUA has indicated that capacity for water and sewer is currently available and will be further evaluated should the project move to the TRC review process.  10’ wide utility easements will be required along lot frontages on the preliminary plan.  County Fire Services has requested that two fire hydrants be shown on the preliminary plan.  County Engineering has indicated that a Stormwater Authorization to Construct and Sediment and Erosion Control Permit will be required. Drainage easements will be required and must be verified on the final plan. Wetlands may be present near the run of Long Branch and, if so, easements shall be required.  Due to the lot sizes, no buffers are required. A cursory review of significant trees by the applicant yielded that there are some significant trees that will need to be mitigated. A significant tree survey will be required as part of the landscaping plan.  The site does feature some significant existing vegetation and retention of this vegetation is encouraged as much as possible.  A community meeting was held by the petitioner on July 24, 2013. Six members of the public were present and had questions about the project, but no opposition was posed.  Notices of tonight’s public hearing were sent to 109 neighboring property owners and a sign was posted on the property on September 20.  Staff received one inquiry about the project but no opposition to the request.  In summary, the request is consistent with the county’s zoning ordinance and CAMA Land Use Plan, and a preliminary review shows the proposal is consistent with the subdivision ordinance.  Staff recommends approval of the proposal as requested. Mr. Andrea concluded the presentation and offered to answer questions from the board. Dan Hilla inquired if the proposal was the first R-7 project coming forward since the approval of the R-7 zoning district last year. Mr. Andrea confirmed the proposal was the first R-7 project to be considered by the board. Page 5 of 10 Chairman Collier noted the rezoning request only included the property, but previous rezonings have extended across Carolina Beach Road to remove the R-15 zoning designation that runs along it. He asked if that was the County’s intention with the current request. Chris O’Keefe explained in this particular situation the right-of-way throughout that section has remained R-15. Staff struggled with the decision to go out to the center line, which has been the practice of the County. In this case, the City of Wilmington has a portion of the property across Carolina Beach Road due to a satellite annexation, which would leave an even smaller sliver. For that reason, staff chose not to pursue that option. He added staff would likely come forward in the near future with a policy request to discuss how to address those rights-of-way, which have been handled inconsistently in the past. Staff felt there should be a blanket solution for how those rights-of-way are captured. Chairman Collier thanked Mr. O’Keefe for providing insight on the right-of-way issue. He then opened the public hearing and recognized the applicant. James (Jim) Walker stated he and Ronnie Adams are the owners of CBR Wilmington and are also family members. He noted the presence of Mr. Adams, as well as their engineers, Luke Menius and Jimmy Stroud of Stroud Engineering; and their attorney, Jim McDonald, who would answer questions if needed. He commended staff’s work on the project and offered to answer questions from the board. Chairman Collier opened the opposition portion of the hearing. Seeing no one present, Chairman Collier closed the public hearing. Chairman Collier opened the board discussion. He then asked Mr. Walker what type of housing product he would be pursuing on the property in regard to price range and size range. Mr. Walker stated they would be developing the lots and had engaged a builder that is interested in buying all of the lots and building upon them. He noted they wanted to build the subdivision with some flexibility and felt the price point most needed and active now is $250,000 and below. He explained while he wasn’t sure what the builder would actually build, per their agreement, they will have some architectural control and will also maintain the homeowners association, which will also have standards the builder must abide by. Mr. Walker noted the County’s requirements for setbacks, height restrictions, and screening would also be met. He commented in regard to the exact price point of the homes, the builder will ultimately consider the market and build what he feels is needed and will sell. Chairman Collier inquired if the project would include curb and guttered streets and drainage to the ponds. Mr. Walker confirmed the project would include curb and guttered streets and drainage to the ponds. Chairman Collier asked if Low Impact Development techniques would be implemented in the project. Page 6 of 10 Mr. Walker deferred that question to the project engineers. Luke Menius of Stroud Engineering stated he was the author of the plan, noting current details of the stormwater system include grading the site toward the creek in the rear, with a centralized collection system and a wet pond. Once they begin designing the details of the stormwater treatment system, they will also consider the setbacks from the wetlands they assume to be along Long Branch. Mr. Menius commented it would probably be a typical wet pond system because the subdivision doesn’t have much room in the front portion of the site to construct many satellite smaller treatment systems or any type of innovative design. He stated they would also certainly consider incorporating anything into the plan that would be advantageous to the community in regard to future maintenance. In response to Chairman Collier’s inquiry, Mr. Menius stated public water is located along the opposite shoulder of Carolina Beach Road and public sewer is also located on Carolina Beach Road in front of the site. He noted once the topography is reviewed and the most efficient way to grade the site is determined, some lots may be sewered to the north, but most of them will be sewered to a major outfall that runs along the back of the property. Andy Heath stated understanding from staff that the open space in the front of the site wouldn’t count toward the requirement and asked if the applicant intended to leave that open space there. Luke Menius affirmed the open space in the front of the site was developed in discussions with staff in order to provide a buffer at the front of the site so there would be room to install a landscaping berm or other features to set the homes along Carolina Beach Road apart from the road. They initially called it open space, but staff pointed out it would be noncontiguous and wouldn’t benefit the community in the spirit of the open space requirements. The open space requirements will be satisfied in the rear of the property as a contiguous parcel. The developer opted to offer that front space as a benefit to the community. Ted Shipley noted two phases were reflected on the proposal and asked if there was a time restriction on the project or if there would be two different phases based on the type of homes built in each phase. Mr. Walker explained the infrastructure would be built at one time. The phase line was meant to appease the builder by enabling him to get enough lots on record while they finish the lots in the rear if needed. The builder could begin building in the front section, while the rear section is being completed. Mr. Shipley stated it appeared there would be one declaration for the entire neighborhood with 100% of the dues going to maintenance of the pond. Mr. Walker noted there would be some common features at the entryway also with landscaping features, as well as landscaping features around the pond and some other items associated with the open space. There will also be some landscaping requirements along the streets. Mr. Walker stated the homeowners association fees would pay for pond maintenance, common area maintenance and street lighting. Page 7 of 10 Chairman Collier entertained a motion from the board. Ted Shipley made a motion to approve the rezoning request. Tamara Murphy seconded the motion. The Planning Board voted 5-0 to recommend approval of Rezoning Request Z-928. Technical Review Committee Report (September) Sam Burgess presented the following report. The County’s Technical Review Committee met once in September. Three (3) projects were reviewed. Village at Motts Landing: Phase 1B (Performance Site Plan) The Village at Motts Landing is located in the southern portion of our jurisdiction, more specifically on the north side of Sanders Road. The area is classified Urban on the adopted 2006 Land Use Plan. The Urban classification provides for continued intensive development and redevelopment of existing urban areas. The developer for the project submitted a twelve (12) residential unit site plan addition to the overall development that was approved by TRC back in 2005. The proposed residential units will be supported by private streets with public sewer and private water through Aqua of North Carolina. No TIA was required for the project. In a vote of 4-0, the TRC approved the Village at Motts Landing; Phase 1B for all twelve (12) units with the following conditions: 1) An updated water capacity letter be submitted prior to final plat approval supporting the twelve units, 2) No gates, traffic calming devices, or on-street parking be permitted and 3) A written proposal to create a sidewalk from the Village at Motts Landing entrance with Sanders Road to Bellamy Elementary School be finalized prior to the next phase of the project. Discussion pertaining to the specific sidewalk location should include representatives from the school system, NCDOT, Planning, and the WMPO. Maple Ridge (Performance Site Plan) Maple Ridge is located near the northeastern portion of our jurisdiction, more specifically near West Bay Estates subdivision off Market Street. The area is classified as Wetland Resource Protection on the adopted 2006 Land Use Plan. This Resource Protection subclass is utilized to mitigate loss of wetland areas. The developer for the project proposed a 47 residential lot division with private streets and public water and sewer. No TIA was required for the project. In a vote of 4-0, the TRC approved Maple Ridge for 47 lots. No significant conditions were placed on the plan. Page 8 of 10 Grathmore (Sketch Plan) Grathmore is located in the northern central portion of our jurisdiction, more specifically near the confluence of Murrayville and Crooked Pine Roads. The area is classified as Wetland Resource Protection on the adopted 2006 Land Use Plan. This Resource Protection subclass is utilized to mitigate loss of wetland areas. The developer for the project proposed a 338 residential lot division with a blend of private and public streets. Public water and sewer was also proposed. With this being a sketch design, no scoping to determine TIA for road improvements was discussed. The Military Cut-Off Extension/Bypass corridor bisects the project. In a vote of 4-0, the TRC denied the Grathmore sketch plan based on the plan being located within the recorded Corridor Map for NCDOT Transportation Improvement Project U-4751 (Military Cutoff Extension). The TRC recommended that a redesigned preliminary site plan be submitted for formal review. Chairman Collier stated in regard to multi-phased developments, no TIA was required for the twelve lots at the Village at Motts Landing per the staff report. He asked if a TIA had been required for the overall development when it came forward. Mr. Burgess stated a TIA (traffic impact analysis) was generated for the overall project in 2005, with a potential build-out of 2010-2011, but noted that TIA is outdated or expired. He reported that during discussion, the Technical Review Committee had determined that the next preliminary plan for the project would require a new TIA to update the 2005 TIA. In response to another question from the Chairman, Mr. Burgess confirmed the old TIA would be updated, including the future developed areas and any new densities that may or may not be involved. He also noted several intersecting, conflicting points that run out to Carolina Beach Road, acknowledging one of those points will have to be eliminated. Chairman Collier commented that Westbay and Maple Ridge are other examples of situations where the County should consider other ways to get additional traffic impacts out of huge neighborhoods that are being put on two lane roads that have no capacity for it. He noted he wasn’t sure what could be done now for those neighborhoods, but as the County prepares for the next long range plan, he felt those impacts should be considered to determine if there is a mode that can be worked through to offset those impacts. Chris O’Keefe thanked Chairman Collier for his comments and noted there are some opportunities in the northwestern part of the county to perhaps connect to Military Cutoff Extension or possibly create some kind of collector street to provide another access to Market Street. Mr. O’Keefe stated staff would like to determine a means of addressing the combined aggregate traffic impacts of small projects as they come forward, but noted it would be a challenge. Chairman Collier acknowledged the rules aren’t in place now for the County to require or request developers to provide that information, but there should be a way to work something out. Page 9 of 10 He stated, for example, the state’s stormwater program has a requirement that the total and complete project area must be addressed together regardless of the size of the individual projects. Mr. O’Keefe took the opportunity to point out that the County is embarking on developing a new Comprehensive Plan for the County and a lot of attention will be focused on traffic. He noted the County’s new Long Range Planner, Jennifer Rigby, as well as Bill McDow, of the Wilmington Metropolitan Planning Organization (MPO), were present at the meeting. He reported Tara Murphy, the previous MPO representative, had taken a position with a private firm. Chairman Collier inquired how a sketch plan with over 300 homes was proposed with the DOT corridor laid out, noting it shouldn’t have been brought forth in that manner. He congratulated the TRC for denying the proposal. Mr. Burgess commented he felt the developer knew up front what the TRC’s decision would be, but they wanted the clock to start on the DOT’s preservation and the time line to purchase. He noted there are plans for the project to be resubmitted as a performance residential plan in the near future. Chairman Collier asked if Military Cutoff Extension would be considered controlled access. Mr. O’Keefe explained parts of the Military Cutoff Extension will be controlled access, but other parts will not be controlled access. There have been discussions. The natural extension of Murrayville Road on this sketch plan intersects with Military Cutoff and that perhaps would be an ideal location for an intersection. While NC DOT has shown some plans that allow that, but they haven’t committed either way to having this section be controlled access. Vice Chair Dan Hilla asked if the County could make a formal request that NC DOT make connections to all of those neighborhoods, noting thousands of homes in that area need that connection to Military Cutoff. Mr. O’Keefe asked if staff could bring information back to the board regarding the best approach to making that type of request to NC DOT. Shawn Ralston announced the next Planning Board Work Session would be held at 9:00 a.m. on Friday, November 1, 2013. Discussions will include the text amendment to the Industrial section of the zoning ordinance. Information was sent to board members in August; however, some revisions may be made before November 1st. Other text amendments may also be discussed; however, the bulk of the work session will be spent discussing the Comprehensive Plan, Ms. Ralston reported that the Long Range Planner, Jennifer Rigby, will also present an update on the Comprehensive Plan process at the next regular Planning Board meeting. Most recently, Ms. Rigby, who has resided in New Hanover County for two years, effectively managed a comprehensive planning effort in Greenville, SC. In November, she will present the public engagement plan for the Comprehensive Plan, which is expected to begin in late February after the County’s industry targeting initiative has concluded. Page 10 of 10 Vice Chairman Dan Hilla made a motion to adjourn the meeting, seconded by Chairman Collier. The Planning Board voted 5-0 to adjourn the meeting. Chairman Collier adjourned the meeting at 6:45 p.m.