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200701 Jan PBM MINUTES OF THE NEW HANOVER COUNTY PLANNING BOARD JANUARY 4, 2007 The New Hanover County Planning Board met Thursday, January 4, 2007 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 Karyn Crichton, Administrative Support Specialist Melissa Gott Jane Daughtridge, Senior Planner Sue Hayes Holt Moore, Assistant County Attorney Sandra Spiers Shawn Ralston, Senior Environmental Planner Jay Williams Paul Bonev opened the meeting by welcoming the audience to the public hearing and led the reciting of the Pledge of Allegiance. Sue Haves made a motion to recommend approval of the November and December minutes. Jay Williams seconded the motion. The Planning Board voted 6-0 to approve the minutes. Item 1: Planned Development (Z-677, 9/99) Modification (1/07) - Request by McKim & Creed for NNP IV Cape Fear River, LLC to modify the approved master plan for relocation of River Road. Paul Bonev asked to be recused from this item. Jay Williams made a motion to recuse Paul Boney. Sue Haves seconded the motion. The Planning Board voted 5-0 to recuse Paul Boney. Jane Daughtridge presented the slides and gave a brief overview of the site's history, land use, zoning, level of service (LOS), and related information. Chris O'Keefe provided the staff comments: The proposed realignment of river road constitutes a major change to the existing PD site plan. The alignment increases the distance and thus travel time on this increasingly popular stretch of roadway. The proposed alignment does not eliminate any river views which would not be eliminated by the already approved plan. The new alignment also brings the roadway to within 225 feet of existing residential development. A 200' fringe use area which contains a Progress Energy easement is indicated on the site plan. Outside of the PE easement, this area is heavily wooded and will provide significant screening from River Road. The addition of a roundabout and the consolidation of the plan's commercial properties on a riverfront location has the potential to create a unique, attractive and popular destination for residents and visitors to the development. The roundabout should take away the need for signalized intersections to accommodate commercial traffic in this area. A development of this size certainly will have an impact on adjacent communities, traffic congestion and the environment. The proposed site plan reduces the number of residential units by 1,076. This 32% reduction will greatly lessen the burden on the roadways and other infrastructure. The proposed roadway alignment avoids disturbance of three sand ridges which provide habitat unique to this area. The plan proposes a 41% increase in the amount of open space compared to the approved plan. Staff finds that changes proposed to the original PD district will be positive and will lessen the burden on infrastructure and the environment therefore staff recommends approval. Jay Smith. Newland Communities, stated that their proposed plan is more environmentally sensitive than the original plan, be reducing the density of the project and the volume of traffic. Mr. Smith emphasized the quality of the planned development and intended to be a good neighbor. Doug Smith, an architect with EDSA, showed slides and provided details of the proposed master plan including the buffer along River Road as well as proposed open spaces including a county park, trails, and golf course. Mr. Smith stated that the relocation of River Road would better protect the Cape Fear River by allowing more time for the filtration of stormwater runoff, reconnect wetland systems; and provide safer access to the water. Mr. Smith further stated that the proposed plan would reduce density, traffic, and runoff and provide more open space than the original plan. Richard Collier, an engineer with McKim & Creed stated that the proposal to relocate River Road would lengthen the road by approximately 3,500 feet and cited several safety measures including the creation of roundabouts, turn lanes, pedestrian tunnels, and super elevation along curves. Mr. Collier also provided details regarding bike paths and buffer along River Road. Mr. Collier further stated that the proposed plan is a 30% reduction in traffic volume then the approved plan. Ed Mikulewicz adjacent property owner, expressed concern with the proximity of the proposed road relocation to his house; increases in traffic; and road maintenance. Mr. Mikulewicz asked the developer whether bike paths, pedestrian tunnels, and water access would be accessible to the public. Richard Mandel Cape resident, spoke in opposition to the proposal citing safety concerns along River Road. Mr. Mandel stated that the Planning Board should consider a broader picture, including other slated developments such as PPD, when considering this proposal. Mr. Mandel suggested that a traffic study of River Road be performed which would take into consideration future projects. Mr. Mandel also inquired what the County's policy was regarding impact fees for developers. Jonathan Deputy, adjacent property owner spoke in opposition to the proposal. Mr. Deputy expressed concern regarding the connectivity of River Road and Lorraine Drive citing safety concerns. Mr. Deputy further stated that the connectivity of Lorraine Drive and River Road would provide a cut-through for drivers to Monkey Junction and Lorraine Drive could not handle a large volume of traffic. Brian Capo adjacent property owner spoke in opposition to the proposal stating that emergency service response time would be negatively effected. Phil Savonen adjacent property owner spoke in opposition citing environmental concerns and stated that there are many outstanding questions regarding the project. Jay Smith stated in his rebuttal that Newland purchased the property and are entitled to build 3,300 homes and relocate River Road per the approved site plan of 1999 but they feel that is not the best use of the land and instead are proposing a modified plan. Mr. Smith felt that 225 feet of buffer is significant but would be willing to construct a berm. Mr. Smith responded to neighbors' questions by stating that the bike path, boardwalk, canoe and kayak launch are public. Dr. Mike Mallin environmental consultant for Newland, stated that moving River Road upland, away from the Cape Fear River is good for the environment and will reconnect bisected wetlands, which serve as nursery areas for marine life and provide infiltration for stormwater runoff. Ira Lowe, Eastbank Landing resident, asked if the project would pull water from the Castle Hayne aquifer and what would be the ramifications. Richard Collier stated that the development would not tap into the Castle Hayne aquifer or use well water; instead, the development will utilize city water. Mr. Collier added that the development has sewer available and is not under moratorium. Shelly Henson adjacent property owner expressed concern with the proximity of the relocation of River Road to her house and urged the Board to consider allowing more space between the road and her house. Ms. Henson also expressed concern that the relocation of the road would disrupt her quality of life and increase flooding. Carmen Gintoli Facility Director, New Hanover County Schools, asked if student generation rates and a phasing plan were available. Mr. Gintoli also asked if funds or land were set aside to provide for a new school. Melanie Doyle adjacent property owner expressed concern that hundreds of property owners lack information regarding this project and urged that community meetings be held to provide information to homeowners. Ms. Doyle submitted a petition into the record of adjacent homeowners opposing the relocation of River Road. Charlie Workman adjacent property owner expressed concern with the proximity of the relocation of River Road to his house and urged the Board to consider allowing more space between the road and his house. Chris O'Keefe stated that there has not been a traffic study performed on the entire length of River Road. Mr. O'Keefe explained that projects generating more than 100 peak hour trips per day require a Traffic Impact Analysis (TIA). Dave Adams stated that the planned development has already been approved and whether development will occur is a non-issue; the issue is the relocation of River Road. Dr. Adams stated that the new proposal would reconnect the estuarine systems and preserve the land's topographic features. Sue Hayes asked Mr. Smith if he would hold a community meeting to provide the neighbors with information. Jay Smith stated that he would hold a community meeting. There was discussion regarding storm water runoff. Jay Smith provided assurances that stormwater would be managed responsibly. Sue Hayes asked if public access to the river and riverwalk would be provided. Jay Smith pointed out water access areas on the master plan and other amenities available to the public. Mr. Smith stated that a public boat landing would be created provided that a CAMA permit is granted. Mr. Smith added that funds would be given to the County schools and fire services to improve the infrastructure. Sue Hayes asked Jay Smith about his offer to construct a berm along River Road to provide additional buffer for adjacent neighborhoods. Jay Smith stated that he would construct a berm if the neighbors want one and provided rough details. Jay Williams inquired how many trips per day would be generated by the development and whether the streets would be public or private. Richard Collier stated that the approved 1999 plan would generate 3,128 PM peak hour trips per day and the proposed plan would generate 2,230 PM peak hour trips per day. Jay Smith stated that the streets within the development would be a mix of public and private. Sandra Spiers asked Planning staff what assurance would there be, that the development would adhere to the proposed site plan, if River Road is relocated. Chris O'Keefe stated that if approved, the proposed site plan would become part of the ordinance, which in turn would regulate the development. Jay Williams made a motion to recommend approval. Melissa Gott seconded the motion. Sue Haves commented that the project is a good plan but requested the following conditions added to the motion: 1. The developer must hold a minimum of two (2) community meeting prior to the February 5, 2007 County Commissioners meeting to resolve buffer issues 2. The developer must provide public canoe/kayak access and public boat ramp (contingent on CAMA permits). Dave Adams seconded the amended motion. The Planning Board voted 5-0 to recommend approval of the item. There was discussion regarding notification of the community meetings. It was stated that the Planning Department would post the meeting dates on its website and notify the newspaper. Sue Haves asked that the Planning Board be notified of the community meeting dates. Item 2: Cape Fear Arch Conservation Collaborative - Request by County Planning to sign a Memorandum of Understanding (MOU) in order to become a member of the Cape Fear Arch Conservation Collaborative (CFACC). Shawn Ralston Senior Environmental Planner, stated that the Planning Department is requesting permission to sign a Memorandum of Understanding (MOU) in order to become a member of the Cape Fear Arch Conservation Collaborative (CFACC). Ms. Ralston provided the mission statement and goals of the CFACC and briefly described its composition. Sandra Spiers asked if the Planning Department was a member of any other groups similar in nature to the CFACC. Shawn Ralston stated that the primary goal of the CFACC is to map conversation areas of the Cape Fear region. Ms. Ralston stated that the mapping would be conducted by state biologists and that New Hanover County's involvement would be limited to mainly attending meetings and gaining important information. David Adams stated that the CFACC would provide a great educational process and does not see it as a decision-making body. Paul Bonev expressed concern that the Planning Department/Planning Board's objectivity would be compromised if the CFACC developed into an advocacy group in the future. Shawn Ralston explained that the Memorandum of Understanding attempts to define itself as an educational group and not a decision-making, regulatory, or advocacy group. Ms. Ralston added that at anytime, the County could resign from the group if a conflict developed. There was discussion regarding what other groups had signed the MOU and what groups were missing; who chaired the meetings; and location of the meetings. It was stated that Dan Bell, of The Nature Conservancy, was present but had to leave, and would have been able to provide such information. Jay Williams commented that groups such as the Association of Realtors and Home Builders Association were missing from the MOU. Sandra Spiers stated the CFACC is a good idea but was concerned that it may be difficult to disassociate from the group once a member. Sue Haves thought the CFACC was a good idea and asked who from the County would attend the meetings. Shawn Ralston cited a highway project in Brunswick County in which the CFACC was able to provide environmental information to the Department of Transportation. David Adams made a motion to recommend that New Hanover County sign the Cape Fear Arch Conservation Collaborative's Memorandum of Understanding. Sue Haves seconded the motion. Paul Bonev stated that he would like to hear from Dan Bell, with The Nature Conservancy before making his decision. The Planning Board voted 5-1 to recommend approval (Bonev). Chris O'Keefe provided an update of the Technical Review Committee's (TRC) activity for the month of December: 1. Roymac Business Park - The TRC voted 4-0 to waive the requirement for dry water lines. 2. Grove at Anchors Bend - The TRC voted 4-0 to continue the item because of the uncertainty of the availability of water and sewer. 3. Riverchase - The TRC voted 4-0 to approve 44 lots with conditions. Mr. O'Keefe stated that the next TRC meeting will be held January 10, 2007. The Planning Board agreed to meet January 19, 2007 at noon to discuss the Riverfront Mixed Use District. Jay Williams recommended that the Planning Board and staff review a presentation given by Wayne Clark regarding traffic mitigation. The Planning Board recognized and thanked Holt Moore for his service on the Planning Board. The Planning Board adjourned at 8:00 p.m.