200803 Mar PBM
Minutes of the
New Hanover County Planning Board
March 6, 2008
The New Hanover County Planning Board met Thursday, March 6, 2008 at 5:30 p.m. in
the Assembly Room of the Old County Courthouse, Wilmington, NC to hold a public
meeting.
Planning Board Present: Staff Present:
Melissa Gott, Chair Chris O'Keefe, Planning Director
Sandra Spiers, Vice Chair Sam Burgess, Principal Development Planner
David Adams Jane Daughtridge, Senior Planner
Richard Collier Sharon Huffman, Assistant County Attorney
Sue Hayes
Jay Williams
Ken Wrangell
Melissa Gott opened the meeting by welcoming the audience to the public hearing. Sam
Burgess led the reciting of the Pledge of Allegiance.
Richard Collier made a motion to approve the February minutes. Sandra Spiers seconded
the motion. The Planning Board voted 6-0 to approve the minutes.
Item 1: Rezoning Request (Z-881, 3/08) - Request by Withers & Ravenel for
Thomas Clifford Munn Heirs to rezone approximately 2.2 acres located off Gordon
Rd (PID R03400-003-007-000) and adjacent to Brierwood Subdivision in the
Transition Land Classification from R-15 Residential to R-10 Residential District.
The action would increase potential density from 2.5 to 3.3 units per acre.
Jane Daughtridg_e showed photographs of the property and of the surrounding area. Ms.
Daughtridge also provided information pertaining to access, levels of service, and zoning.
Ms. Daughtridge provided the following staff summary:
STAFF SUMMARY
The subject property is located in the northern portion of the county in an area classified
as Transition on the 2006 CAMA Land Classification map. The property is on the
westernmost segment of Gordon Road, west of I-40. Gordon Road is a collector road on
the thoroughfare plan. Level of service has been rated B along this segment, meaning
traffic flow is free and stable.
The subject property is a landlocked parcel and currently a vacant, wooded lot. No street
connectivity is available into Brierwood, so access will be through the undeveloped
property to the south which was recently rezoned to R-10. Brierwood Subdivision is also
zoned R-10. The Commercial portion of the Murrayville Station Business Park
conditional district abuts on the west side.
The subject property is located within the Smith Creek watershed drainage area The
property is not influenced by flood hazard. The site is in a primary or secondary recharge
area for the principal aquifers. County water and sewer are in place in the vicinity.
Chris O'Keefe recommended approval of the rezoning request based on its consistency
with the County's land use plan. Mr. O'Keefe provided the following land use plan
considerations:
Land Use Plan Considerations:
This rezoning petition proposes a change from lower density R-15 Residential with a
maximum of 2.5 units/acre to R-10 Residential with a maximum density of 3.3 units/acre
performance. High density projects would require a special use permit. Direct access to
Gordon Road would be required before a project could qualify. Rezoning action would
result in the following possible density scenarios:
Units (Performance) (High Density w/SUP)
R-15 6 23
R-10 7 38
The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class
as providing for future intensive urban development on lands that have been or will be
provided with necessary urban services. The location of these areas is based upon land
use planning policies requiring optimum efficiency in land utilization and public service
delivery.
Following other rezonings in the past year, this is the only remaining R-15 property in
this vicinity. Based on the foregoing, this proposal would appear to be consistent with the
strategies for the Transition classification. Staff recommends approval.
Sue Haves asked how the project would be accessed since it is landlocked.
Jane Daughtridge showed the location of an easement on the map and stated that the
petitioner would explain the plan for combing lots to provide access.
Cindee Wolf, a landscape architect with Withers and Ravenel representing the Clifford
Munn heirs stated that the parcel if rezoned, the lot would be combined with a larger
parcel that fronts Gordon Road and likely developed into a performance residential
subdivision. Ms. Wolf stated that the parcel is located in a transition area and public
utilities are available including water and sewer. Ms. Wolf also explained that concerns
regarding flooding have been addressed through a recent drainage study which showed
that wastewater flows southeast and away from the subdivisions located south of Gordon
Road.
Ken Wrangell made a motion to recommend approval of the rezoning based on its
consistency with the purposes and intent of the Transition land classification and the
associated land use policies adopted in the 2006 land use plan; and is reasonable and in
the public interest to allow an increase in density from 2.5 units per acre to 3.3 units per
acre based on the availability of urban services and adjacency to existing R-10 zoning.
Sandra Spiers seconded the motion. The Planning Board voted 7-0 to recommend
approval of the rezoning request.
Item 2: Text Amendment (A-370, 3/08) - Request by County Commissioners to
evaluate the need to change section 59.9-1 and eliminate State Property on the west
side of the Cape Fear River from the eligible area for Riverfront Mixed Use District.
Chris O'Keefe stated that the County Commissioners have requested that the boundaries
of the Riverfront Mixed Use District (RFMU) be examined to determine whether the area
immediately surrounding the Battleship be removed from RFMU eligibility given the
environmentally sensitive nature of the area that includes pristine marsh area and prime
fishing and nursery areas. Mr. O'Keefe outlined on the screen the two parcels considered
for removal from RFMU eligibility. Mr. O'Keefe thought it was unnecessary to amend
the RFMU boundaries and remove the two parcels in question because the state of North
Carolina owns the parcels and has no plans for developing them and because
environmental evaluation of development plans are built into the RFMU application
process. Mr. O'Keefe opened the floor for Board discussion of the amendment.
David Adams questioned if the State is bound by local ordinances anyway and if not, it
could develop its property regardless of the zoning.
Jay Williams stated that although the State is not bound by local ordinances, it is required
to consider them.
Sue Haves stated that despite the powers of the State, a statement regarding the
importance of preservation would be made by removing the area from RFMU eligibility.
Chris O'Keefe stated that there exists the potential for the State to sell the property in the
future; the RFMU allows for review and evaluation of development plans of this sensitive
area compared to traditional zoning districts in which development is permitted by right.
Sandra Spiers concurred with Mr. O'Keefe stating that the property would be better
protected by the RFMU district than in a traditional B-2 district and a message of
preservation would be conveyed through such action.
Sue Haves asked if there was another zoning measure to protect the area
Chris O'Keefe stated that the County does not have a conservation zoning district but that
he would like one. Mr. O'Keefe stated that the R-20 zoning district was the closest type
of district available to the County currently that would provide the most environmental
protection.
Sue Haves suggested sending the County Commissioners a recommendation for the
County to adopt a conservation zoning district.
Ken Wrangell stated that the RFMU zoning district could protect the environmental
character of the property if the State decided to sell the property in the future. Mr.
Wrangell felt that the property should remain in the RFMU district.
Richard Collier asked staff to clarify why the Board was considering removing the
property from RFMU district eligibility.
Chris O'Keefe explained that Doug Springer, the Cape Fear Riverkeeper stated at a
recent County Commissioner meeting that the State's property was a valuable fishing
area and is worthy of extra environmental protection. Mr. O'Keefe stated that the
question at hand is whether the RFMU offers more protection to the property than the
B-2 zoning district.
Jay Williams asked what the maximum building height allowed in a B-2 district
compared to the RFMU district.
Chris O'Keefe stated that height on these parcels would be determined by a floor area
ratio calculation and could conceivable be as tall as 10 stories.
Jane Daughtridge stated that the parcels are located in a section of the RFMU district
which allows for structures to be built up to 75 feet. Ms. Daughtridge added that if the
property was developed into a mixed-use scenario with a residential component, a special
use permit would be required and the height would be subject to a floor area ratio
calculation.
Jay Williams stated that he felt that the two parcels should remain in the RFMU district
because they would be better protected.
Sue Haves asked what was the allowable building height in a B-2 district.
Jane Daughtridge stated that building height would be limited to 40 feet because the
parcels were not eligible for floor area ratio because of its land classification.
Richard Collier stated that he believed that the RFMU district would provide more
environmental protection than the B-2 district, despite its permitting more building
height.
Jay Williams raised the argument that if the property were to revert back to B-2 zoning
and later sold by the State to a private company, a developer would most likely request
the property be rezoned to a mixed use with residential and that the Planning Board and
County Commissioners could place protective conditions on the property at that time.
Richard Collier agreed with Mr. Williams but felt that the RFMU presently provides the
best use and protection for the area.
David Adams made a motion to advise the County Commissioners that after discussion,
the Planning Board has found there is insufficient reason to change the County's zoning
ordinance to eliminate State Property on the west side of the Cape Fear River from the
eligible area for Riverfront Mixed Use District. Sandra Spiers seconded the motion.
The Planning Board voted 7-0 to advise the County Commissioners that there is
insufficient reason to change the County's zoning ordinance.
Sue Haves made a motion to direct Planning Staff to draft a conservation zoning district
to preserve environmentally sensitive property. David Adams seconded the motion.
Ken Wrangell asked staff to elaborate on potential situations and the logistical process of
imposing a conservation zoning district on property owners.
Chris O'Keefe stated that the current rezoning process would apply which includes an
application and public hearings. Mr. O'Keefe added that he could see potential benefits
of a conservation zoning district especially for marshy areas that are zoned residential or
industrial yet that are unsuitable for development but could be used for walking paths,
piers to access the water etc.
Jay Williams suggested that a conservation zoning district could provide property owners
with a tax benefit by reducing the total assessed property value.
David Adams stated that land owners could derive economic value from land that is
classified environmentally sensitive and therefore protected.
Ken Wrangell added that another benefit of a conservation zoning district could be used
to mitigate open space for developers.
Jay Williams added to the motion made by Ms. Hayes that the County Commissioners
consider some of the additional benefits of a conservation zoning district proposed by the
Planning Board and give some direction.
The Planning Board voted 7-0 to direct Planning Staff to draft a conservation zoning
district to preserve environmentally sensitive property and for the County Commissioners
to provide feedback regarding the initiative.
Item 3: Text Amendment Section 53.5(7)(C) and (E) - Update on process of fees
associated with Planned Developments.
Chris O'Keefe stated that there has been increased interest in the proposal to update the
fees associated with planned developments including the effects on potential applicants,
revenues, and legalities. Mr. O'Keefe stated that there would be some internal meetings
scheduled and then this issue would most likely be brought back at a later date.
There was no Board discussion regarding this item.
Sam Burgess provided an update of the Technical Review Committee's (TRC) activity
for the month of February:
1. Coral Ridge - The TRC voted 4-0 to preliminarily approve the project for 102
units with conditions.
2. Myrtle Grove Cove - The TRC voted 4-0 to extend the preliminary validity of
the project for one year.
3. Preserve at The Cape - The TRC voted 4-0 to deny the project based on
insufficient information regarding the approximate location and method of
handling stormwater.
4. Parson's Mill Farm - The TRC voted 4-0 to deny the petitioner's request to
designate the roads from public to private. The decision by the TRC was based
on the excellent interconnectivity to the north.
5. Point Harbor Marina - The TRC voted 3-0 to preliminarily approve the project
with conditions.
Mr. Burgess stated that the TRC will meet next on March 12, 2008.
The meeting adjourned at approximately 6:30 p.m.
Chris O'Keefe
Planning Director