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200607 July PBM MINUTES OF THE NEW HANOVER COUNTY PLANNING BOARD JULY 6, 2006 The New Hanover County Planning Board met Thursday, July 6, 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: Walter Conlogue, Chairman Chris O'Keefe, Planning Director David Adams Sam Burgess, Principal Development Planner Sue Hayes Karyn Crichton, Administrative Specialist Frank Smith Jane Daughtridge, Senior Planner Sandra Spiers, Vice Chairman Holt Moore, Assistant County Attorney Kenneth Wrangell Chairman Walter Conlogue opened the meeting by welcoming the audience to the public hearing. Sam Burgess led the reciting of the Pledge of Allegiance. Chairman Conlogue proceeded with the approval of the June 1, 2006 minutes. Sue Haves made a motion to approve the minutes. Ken Wrangell seconded the motion. Chairman Conlogue announced that S-564, a request for a Special Use Permit by SECOF Construction for Brad & Sherry Dunker to locate a 204 Child Development Center and Z-844, a request to rezone approx 107 acres near N. College Road and Parmele Rd. from R-15 and I-2 to R-10 by Dargan T. Tunstall, Carroll T. Eckel and Mable H. Trask have requested continuances and are scheduled to be heard at next month's Planning Board meeting. Item 1: Text Amendment (A-354, 7/06) - Request by Zoning staff to amend the sign ordinance, Sections 93 and 94. Jane Daughtridge stated that the proposed amendment would rectify the contradictory language contained in Section 93 of the zoning ordinances that regulate sign usage by churches, synagogues, and civic organizations. Ms. Daughtridge also stated that the proposed amendment would allow for the use of LED signs but with restrictions under Section 94-4 of the zoning ordinances. Frank Smith requested that Section 93 and Section 94-4 of the text amendment be heard and voted upon separately. There was no public comment for or against the item. David Adams made a motion to recommend approval to rectify the language in Section 93 that regulates sign usage by churches, synagogues, and civic organizations. Sue Haves seconded the motion. The Board voted 6-0 to recommend approval. Sandra Spiers inquired what size LED signs and whether flashing signs would be allowable under the proposed ordinance. Shawn Ralston, Senior Zoning Enforcement Official, NHC, stated that LED sign size would be regulated by the zoning district in which the sign exists and must comply with any square footage, height restrictions, and setback requirements. Additionally, Ms. Ralston stated that flashing or blinking signs would not be permitted, but that LED signs whose copy changes every minute would be allowable. Frank Smith asked if this was the same language that the City of Wilmington uses for its sign ordinances. Shawn Ralston stated that it is the same language. Frank Smith made a motion to recommend approval. Sue Haves seconded the motion. The Board voted 6-0 to recommend approval. Walt Conlogue recognized Chris O'Keefe as the new Planning Director. Item 2: Special Use Permit (5-562, 7/06) - Request by the New Hanover County Fire Services for a Special Use Permit to locate a Fire Station in an R-15 Zoning District on 7.8 acres at 5807 Murrayville Road. 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. Donnie Hall, New Hanover County Fire Chief gave a presentation on Fire Services' request to establish a fire station on Murrayville Road. Mr. Hall stated that a fire station is necessary in the northern central part of the county due to growth, traffic, and service demands. Mr. Hall stated that the fire station would be a benefit to the County including faster response times, reduced homeowners insurance, and better distribution. Mr. Hall explained how the project would comply with all zoning ordinances. Additionally, Mr. Hall cited Federal Point fire station as an example of a similar project existing in a residential area. Bob Small, adjacent property owner spoke in opposition to the fire station stating that the location is not suitable for a fire station because the area is densely populated, lacks infrastructure to support a commercial entity, and elevation issues. Mr. Small also was concerned with heavy trucks driving on residential roads and not enough of a buffer between the proposed fire station and his property. There was discussion to clarify if the property is R-10 or R-15 and it was stated that the zoning of the property is R-10. In response to Mr. Small's concern regarding elevation issues, Donnie Hall stated that the site area would be raised. Additionally, environmental engineers would address that drainage issues and that storm water runoff would be controlled on the property. In response to Mr. Small's concern regarding the buffer between the properties, Donnie Hall stated they would provide as much buffer as possible and that the station and trucks would be positioned furthest away from Mr. Small's property. Additionally, Matt Davis stated that as the site plan develops, NHC Fire Service plans to make efforts to accommodate the neighbors' concerns. Sue Haves, expressed concern with the lack of detail of the site plan. Walt Conlogue stated that the fire station would have to comply with the zoning ordinance's setback and buffer requirements. There was a discussion of what the minimum setbacks and buffer might be given a 20' height of the fire station. Frank Smith stated that the site plan lacks the necessary information to make a judgment. Dave Adams stated that there is a discrepancy between the direction of storm water flow and amount of buffer. Sandra Spiers made a motion to table the item and supply the applicant with a list of items that need to be addressed. Sue Haves seconded the motion. Frank Smith asked for additional discussion before voting. Mr. Smith inquired if there was more detail in the zoning ordinances of what is required for a Special Use Permit application. Mr. O'Keefe stated that the zoning ordinance does not provide a list of what is required for a Special Use Permit application but does detail in separate sections the information that is required to be included in the application package. Matt Davis provided clarification on setbacks and buffers to the Board. Walt Conlogue suggested that Fire Services gather specific information regarding setbacks, buffers, and drainage and return to the Planning Board next month. The Board voted 6-0 to continue the item for 30 days. Item 3: SUP (S-563, 7/06) - Request by Withers & Ravenel for Whiskey Creek Overlook, LLC for a Special Use Permit to locate a Community Boating facility on 2.93 acres at 231, 235, and 239 Trail's End Road in the R-15 zoning district. 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. Cindee Wolf, representing the property owners stated that they are requesting a special use permit to build a community boating facility for the Whiskey Creek residential development. Ms. Wolf described the plans for the community boating facility and stated that a community boating facility is a better alternative to individual piers. Greg Baccari, adjacent property owner spoke in opposition to the boating facility. Mr. Baccari stated that the dock would further impede the channel and prevent navigation. Mr. Baccari also expressed safety concern associated with the proposed construction of the pier. James Currier adjacent property owner spoke in opposition to the boating facility stating that the pier would impede the channel. Mr. Currier also expressed environmental and safety concerns. Mike Alberts, adjacent property owner spoke in opposition to the boating facility stating that the pier would impede the channel and expressed safety concerns. Cindee Wolf, addressed the neighbors concerns stating that the boating facility would be constructed according to CAMA regulations to ensure safety and navigation. Jane Daughtridge provided the staff findings: 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove Fire District. B. A private well will serve the dock facility. C. A small percentage of the subject property is located in a 100-year floodplain. D. Access to the site is from Trail's End Road off Masonboro Loop Road. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a community boating facility in an R-15 Residential District. B. The property has an existing dock that needs rehabilitation, which would require minimal environmental impacts. C. The site will not need any off-street parking, because it is close enough to the proposed residential lots it will serve. D. The proposed community boating facility has seven (7) boat slips to serve seven (7) proposed residential lots, which meets the required ratio. E. A pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. No commercial activities, as required by the ordinance, are proposed for the facility. 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. Similar type projects exist in other residential districts in New Hanover County. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 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 New Hanover County Comprehensive Plan classifies the site as Resource Protection. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. C. The entire creek bank is surrounded by brackish marsh and a 75' COD setback has been identified on the plan. Whiskey Creek has a significant fluctuation in water body width and a severely limited channel width at low tide, making pier projects on individual residential lots complicated. D. Surrounding land uses include single-family housing, some with docks and piers. Staff Comments: a. Deed restrictions should be placed on the 7 proposed lots in the proposed subdivision stating that no individual docks/piers will be allowed. b. No overhead lighting should be installed. c. Private pedestrian access easement, as proposed from the street right of way to the dock for use by the residents of the subdivision, should be required. David Adams asked for further detail regarding the length, dimensions, and construction details of the pier. Drawings of standard pier cross sections were shown overhead. Bill Warren draftsman for Duncan Marine stated that he prepared the pier drawings and they represent standard pier construction. James Currier stated that Bill Warren is not a marine engineer. Mr. Currier also stated that the depths of Whiskey Creek fluctuate greatly, making navigation difficult for even small boats. Mr. Currier added that the location for the proposed boating facility is the narrowest section of Whiskey Creek. There was further discussion regarding the width and depth of the channel at various locations and times. Cindee Wolf stated that the proposed pier would be one foot longer than the existing pier and that the boats would dock on the outside of the pier, parallel with the water. Ms. Wolf confirmed that a marine engineer certified the pier drawings. Walt Conlogue cited a similar case in Wrightsville Beach involving two piers obstructing the channel. Mike Alberts, adjacent property owner, explained that most of the docks in the surrounding area do not extend into the channel to avoid blocking the channel. Sandra Spiers inquired if a middle ground could be found by reducing the length of the pier. Cindee Wolf explained that the length of the pier could not be reduced because the boats would not be in the water at mean low tide. Ken Wrangell stated that although he acknowledges the developers riparian rights; the proposed pier would present navigational obstacles and pose safety issues. Frank Smith stated that the petitioner does not meet Findings of Fact #1 and #4. Walt Conlogue stated that petitioner does not meet Findings of Fact #4. Sue Haves made a motion to recommend denial of the item. Frank Smith seconded the motion. The Board voted 6-0 to recommend denial of the item. Item 4: Special Use Permit (5-564, 7/06)- Request by SECOF Construction for Brad & Sherry Dunker to locate a 204 Child Development Center in the R-15 Residential zoning district on 2.98 acres at 547 Sanders Road. This item was withdrawn. Item 5: Rezoning (Z-843, 7/06) - Request by New Hanover Medical Group for Bayshore Estates Inc., to rezone 0.77 acres of land located at 116 Bayshore Drive from R-15 to 0&1. 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. Howard Resnick with Coastal Site Design representing the property owners, stated that the rezoning request is to accommodate for additional parking. Mr. Resnick stated that they would comply with county and state drainage ordinances. Mr. Resnick also stated that there is an existing driveway through the property and the property fronts a signalized intersection. Additionally, he stated that there would be no structures on the property. No one spoke in opposition to the item. Jane Daughtridge provided the staff summary: STAFF SUMMARY The subject property is located on the southeast corner of N. Market Street and Bayshore Dr. Access to the site is currently from Bayshore Drive. Traffic counts for N. Market Street were 43,249 ADT in April 2005 compared to 34,000 ADT in 2001. Counts on Bayshore Drive were 4,373 during the same period compared to 4,000 ADT in 2001. Level of Service (LOS) is not given for Bayshore Drive but is shown as Level F (Failing) on N. Market Street. The subject property is currently vacant with a paved drive access at the rear of the property, which services the adjacent medical offices to the south of the subject property. N. Market Street and Bayshore Drive is a signalized intersection. Bayshore Drive is divided by a landscaped median along the length of the subject property. To the north across Bayshore Drive is the Lutheran Church of Reconciliation. To the west across Market Street is vacant property. Bayshore Drive aligns with Torchwood Blvd., the entrance to West Bay Estates subdivision. Current zoning of the subject property is R-15 Residential. The purpose of the Office & Institutional District is to provide areas where institutional uses and professional offices and other compatible uses are encouraged and protected from encroachment by less desirable uses. The district is often a transitional zoning designation to buffer residential districts from more intensive commercial areas. The principal means of ingress and egress is along collectors, major or minor arterials. Market Street is classified as a major arterial in the New Hanover County Transportation Plan. Rezoning the subject property will provide a consistent zoning pattern with the existing O&I use and district adjacent to the south and should not have any negative impact on other R-15 property in the area. The 2006 Update of the Joint CAMA Plan describes the Transition classification as areas providing for future intensive urban development on lands that have or will have urban services. Based on the foregoing, this proposal would appear to be consistent with the purposes of the land classification, the transportation classification, and the established adjacent development patterns to the east. Staff supports a recommendation to approve the request to rezone this property from R- 15 Residential District to O&I Office & Institutional District. Sue Haves expressed concern about rezoning the property to O&I because of the potential for uses other than the stated parking lot. Ms. Hayes inquired if there were any landscaping or buffer requirements. Frank Smith inquired about the width of the property. Mr. Smith stated that he does not believe that the lot is large enough to build any structures. Sandra Spiers stated that she does not believe that the parking lot will increase the traffic count. Ken Wrangell made a motion to recommend approval. Dave Adams seconded the motion. The Board voted 6-0 to recommend approval of the item. Item 7: Rezoning (Z-845, 7/06) - Request by TF Holdings Limited to rezone approximately 745 acres off Blue Clay Road and N. Kerr Ave. from I-2/0&1/R-15 to PD Planned Development. 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. Raeford Trask III. Trask Land Company, introduced the project and presented the Trask family vision for Blue Clay Farms. Mr. Trask stated he has met with various groups, stakeholders, County staff, and Northchase residents throughout the planning process. Mr. Trask stated that Blue Clay Farms is a responsible planned development (PD), which includes open space, wetland preservation, and an educational facility. Michael Cole Principal, ColeJenest & Stone, provided details for Blue Clay Farms. Mr. Cole stated that the development would contain residential, multi-family, office and commercial uses. Mr. Cole stated that the project would preserve approximately 276 acres of open space that would contain trails, paths, and sidewalks. Mr. Cole stated that the development would contain a major thoroughfare, two access points, and no vehicular connectivity to Northchase. Michael Fitzpatrick, President of the Northchase Home Owners Association, spoke in support of Blue Clay Farms stating that it will increase property values and help alleviate drainage issues. Mr. Fitzpatrick stated that Northchase residents are satisfied with the amount of buffer and absence of interconnectivity. Mr. Fitzpatrick requested that Northchase be consulted if ever the 8 acres along the northern border of Northchase are developed. Alton K. Newton, owner of 2501 N Kerr Avenue inquired what section of the development would face Kerr Avenue. Michael Cole stated that an elementary school, single-family homes, and three to four acres of open green space would be adjacent to his property. Additionally, Mr. Cole stated that their research showed no increase in traffic in their proposed plan compared to an I-2 development. Mr. Cole also stated that their proposed project should alleviate some of the storm water drainage issues. Sylvia Amen, Northchase resident, expressed concern about storm water runoff and stated that the water must be directed away from Northchase. Ms. Amen inquired if Chandler Road connected to the proposed development and argued against interconnectivity stating that roads in Northchase were substandard and could not handle any additional traffic. Ms. Amen supported pedestrian access from Northchase to the commercial section of Blue Clay Farms. Michael Cole stated that there would not be a pedestrian connection to Chandler Road but that pedestrian access to the commercial section would be provided. Mr. Cole stated that exact location of the trails would be developed through TRC later in the process. Ken Wrangell requested clarification of the location of the eight acres of land that Chandler Road intersected with. Jane Daughtridge provided the staff summary: STAFF SUMMARY The subject property is located along Blue Clay Road and runs from the I-140 corridor roughly southeasterly to N. Kerr Avenue adjacent to North Kerr Industrial Park. Access to the site is from Blue Clay Road and from N. Kerr Avenue. Traffic count for N. Kerr Avenue at the intersection of Blue Clay Road was 13,969 ADT in April of 2005 compared to 12,000 ADT in 2001 (+16%). Counts on Blue Clay Road near Old Mill Rd. were 5,872 ADT during the same period compared to 4,500 ADT in 2001 (+30%). Level of Service is E (at capacity) on N. Kerr Avenue and A&B on Blue Clay Road. The property is currently utilized for agricultural production. About one third of the land is wooded Adjacent property to the east of the subject property is developed in residential uses (North Chase PD). Adjacent property to the south and west along N. Kerr Avenue is developed as North Kerr Industrial Park. Across N. Kerr Avenue are primarily residential uses and vacant land. Along Blue Clay Road there are two residential subdivisions in close proximity to the project. Ivy Wood is just south and across Blue Clay Road and Maple Wood is north of the site across Blue Clay Road. The bulk of the subject property is zoned I-2 Industrial. A small section in the northwest portion is currently zoned Office and Institutional, while a small sliver on the west side of Blue Clay Road at the proposed I-140 interchange is currently zoned R-15. Though relatively near the airport, the property is not within the airport approach zones or the transition zones indicated by the Airport Height Ordinance. The purpose of the PD Planned Development District is to foster the mixing of various land uses that would otherwise not be possible under general district requirements. It is intended to provide flexibility in situations where owners present a development plan found to be in the public interest and which provides necessary urban services and improvements. Minimum parcel size for PD is 100 acres. Attachment 1 outlines how the PD process is accomplished in phases. Rezoning the subject property will allow for a substantial commercial and office node conveniently located at afuture interchange along I-140; moderate to high density single family and multifamily residential uses with a resultant population of about 5,000 persons; a public school site and potential fire station; and permanent preservation of a significant amount of open space. Attachment 2 is a bullet sheet relating to basic information in the proposal as it relates to pertinent requirements for PD Zoning Districts. The 2006 Update of the Joint CAMA Plan describes the Transition classification as areas providing for future intensive urban development on lands that have or will have urban services. The portion on the west side of Blue Clay Road is classified as Water Supply Resource Protection. Any residential component clustered in that section would be limited to 2.5 units per base site acre. Major Points of Consideration: 1. The long range proposed interchange at Blue Clay Road and I-140 would make the subject property a convenient location for a new commercial node in an area ripening for new growth. 2. The size of the subject property far exceeds the minimum requirement for a cohesive Planned Development zoning district. 3. The location of the subject property is adjacent to another planned development. 4. A school site is being donated as part of the project. 5. Over 200 acres will be retained as permanent open space and will provide a substantial buffer between the North Chase community and the planned development. 6. The rezoning will generate a sizable increase to the population. 7. Traffic impacts on both Blue Clay and N. Kerr can be anticipated to be substantial. Phasing of the development will help mitigate the impacts. Based on the foregoing, this proposal would appear to be consistent with the purposes of the land classification, the transportation classification, and the established adjacent development patterns. Staff supports a recommendation to approve rezoning the subject property from I- 2/O&I/R-15 to PD Planned Development District. Staff recommends the following conditions: 1. Align N. Kerr Avenue entrance with Trusdale Road prior to final plan approval. 2. MPO and NCDOT review and approval of the Traffic Impact Analysis and the Traffic Circulation Plan prior to approval of the final plan. 3. Provide Homeowner Association documents for review and approval along with submission of the final plan. 4. All required information relating to drainage and storm water management must be submitted for review in conjunction with the final plan. 5. Detailed street system and infrastructure location must be submitted for review in conjunction with the final plan. Walter Conlogue asked Rayford Trask III if he agreed to comply with the Planning Staff's recommendations. Mr. Trask stated that he would agree. Dave Adams stated that this project was presented before the Technical Review Committee (TRC) recently and his concerns and questions have been satisfied including drainage issues. Dr. Adams applauded the project's preservation of land. Dr. Adams asked the applicant to elaborate on the I-140 interchange in relation to their development. Michael Cole stated that the I-140 interchange was not included it in their plans because funds have not been allocated by the State to support the interchange project but would support the interchange. Additionally, Mr. Cole said that their TIA is acceptable without the interchange. Sue Haves inquired about the absence of interconnectivity between Northchase and Blue Clay Farms and the level of service (LOS) on North Kerr Road. Michael Cole explained that the project lacks interconnectivity because the Northchase residents did not want it; because there is an environmentally delicate buffer between Northchase and Blue Clay Farms; and because Northchase was built prior to the interconnectivity requirement and lack road stubs. Additionally, Mr. Cole offered that there would be interconnectivity to the commercial portion of the project. Montell Irvin, a traffic engineer with Ramey Kemp & Associates addressed Ms. Hayes' question regarding the failing level of service on North Kerr Avenue. Mr. Irvin stated that NCDOT will need to widen the road and it will be a collaborative effort between NCDOT, the developer of the Blue Clay Farms and other parties. Additionally, Mr. Irvin stated that in the future, when the I-140 interchange is built, traffic along North Kerr would improve. Sandy Spiers applauded the project and stated that her questions were satisfied at the recent TRC meeting. Ken Wrangell applauded the project. Frank Smith stated that it is a responsible development. Frank Smith made a motion to recommend approval with staff conditions. Ken Wrangell seconded the motion. The Board voted 6-0 to recommend approval of the item. Sam Burgess gave an update on the Technical Review Committee's activity for the month of June 2006. The Technical Review Committee (TRC) reviewed five performance residential developments: 1. Covington - The TRC voted 4-0 to continue the project until drainage and utilities easements are resolved with the adjoining property. 2. North Kerr Industrial Park, Phase 3A - The TRC voted 4-0 to approve 37 lots, given TIA recommendations be resolved prior to final approval. 3. Fowler Tract - The TRC voted 4-0 voted to approve the project with requirements. 4. Whiskey Bluff - The TRC voted to continue the project until additional information was provided. 5. Blue Clay Farms - The TRC offered comments but no action was taken. Sue Hayes requested a status report on the Traffic Impact Review Process for commercial projects and an update regarding the adoption of sections of the Unified Development Ordinance (UDO) at the next planning board meeting. Walt Conlogue stated his term, Robin Robinson, and Frank Smith's term have expired and the County Commissioners will appoint three new Planning Board members at their July 24, 2006 meeting. Chairman Conlogue stated that Sandra Spiers will chair the August meeting and new officers will be selected at the August meeting. Sue Haves thanked Walt and Frank for their service. Frank Smith stated that it has been an honor and pleasure to serve. Frank Smith made a motion to adjourn the meeting. The meeting adjourned at 8:40 p.m.