200608 Aug PBM
MINUTES OF THE
NEW HANOVER COUNTY PLANNING BOARD
AUGUST 3, 2006
The New Hanover County Planning Board met Thursday, August 3, 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:
Sandra Spiers, Vice Chairman Chris O'Keefe, Planning Director
David Adams Sam Burgess, Principal Development Planner
Paul Boney Karyn Crichton, Administrative Specialist
Melissa Gott Jane Daughtridge, Senior Planner
Sue Hayes Holt Moore, Assistant County Attorney
Jay Williams
Kenneth Wrangell
Sandra Spiers opened the meeting by welcoming the audience to the public hearing. Sam
Burgess led the reciting of the Pledge of Allegiance.
Sandra Spiers proceeded with the approval of the July 6, 2006 minutes. Sue Haves made
a motion to approve the minutes. Ken Wrangell seconded the motion. The Planning
Board voted 4-0 to approve the minutes (new members did not vote).
Sandra Spiers welcomed the new planning board members: Paul Boney, Melissa Gott,
and Jay Williams.
Item 1: Special Use Permit (continued) - 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 approximately 3 acres at 5807 Murrayville Road (S-562, 7/06).
Chris O'Keefe presented the slides and gave a brief overview of the site's history, land
use, zoning, level of service (LOS), and related information. Mr. O'Keefe showed the
project's site plan and stated that the applicant has increased setbacks, aligned primary
access with Knotty Court, and provided storm water location and tree survey.
Donnie Hall, New Hanover County Fire Chief gave a presentation on Fire Services'
request to establish a fire station on Murrayville Road and provided project details. 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 benefit
the County with faster response times, reduced homeowners insurance, and better
distribution. Mr. Hall stated that it is not uncommon for fire stations to be located in
residential areas and cited Federal Point fire station as an example.
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Don McDevitt Manager, Port-o-Pines Mobile Home Park spoke in favor of the fire
station stating that the emergency services would benefit the large elderly population in
the mobile home park. Mr. McDevitt stated that he spoke to approximately a dozen
mobile home residents, all of which were in favor of the fire station.
Clyde Cash, adjacent property owner, spoke in opposition to the item. Mr. Cash
submitted two petitions, each with approximately 53 signatures, opposing the fire station
because it will substantially injure their property value. Mr. Cash expressed concern that
the special use permit could potentially lead to future rezoning. Mr. Cash argued that
there is a more suitable site for the fire station less than 1/2 mile away, available on public
school property.
Bob Small adjacent property owner, spoke in opposition to the item stating that it is
unknown how the fire station will affect the surrounding, densely populated, residential
area. Mr. Small suggested incorporating a fire station into a new development would be
a better alternative because homeowners would know upfront if they wanted to live next
to a fire station.
Donnie Hall, stated in his rebuttal that County Fire Services decided not to locate the fire
station at the school property because after researching future road development, they
determined that the fire station should be closer to North College Road for better
distribution and reduce response times.
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. Murrayville Road is designated as a collector road in the county's
thoroughfare classification plan.
B. Current Level of Service on Murrayville Road is C & D
C. The site is not within the 100 year floodplain.
D. The site is located within the Special Highway Overlay District.
2. The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance.
A. Setbacks shall be in accordance with Section 52.5 and the Special
Highway Overlay District requirements.
B. Landscaping, including buffers, shall be in accordance with Section 67
C. Lighting shall be in accordance with 72-28(6)
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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.
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 Joint CAMA Plan Update shows land classification as
Transition.
B. The area is approximately 1,500 feet from the intersection of N. College
Rd. and Murrayville Road. Immediately adjacent uses are residential at
this time. Cautious site design for the fire station will help preserve the
residential character of the area while allowing for improved community
safety.
C. The vision statement in the 2006 CAMA Plan expresses the need to "adapt
to growth as we preserve the values that make our community a great
place to live..." Enhancing the County's ability to improve its emergency
response in growing areas of the county would be consistent with the
vision.
Suggested Conditions:
1. Align drive access with Knotty Court.
Sue Haves asked for further details regarding the use of low-level lighting in the
proposed fire station.
Donnie Hall provided lighting details and agreed to accept low-level lighting as a
condition of the special use permit.
Dr. Adams stated that he understands the residents concerns but believes that a greater
public good is being served by the construction of the fire station.
Sandra Spiers made a motion to recommend approval with the suggested conditions. Dr.
Adams seconded the motion. The Board voted 7-0 to recommend approval of the item.
Item 2: Special Use Permit (continued) - 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 (5-564, 7/06).
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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. Ms. Daughtridge stated that
the item was recently heard before the County Commissioners and denied; traffic flow,
objections from adjacent property owners, and environmental issues were cited as the
principal reasons for denial.
Cindee Wolf, landscape architect with Withers & Ravenel, spoke on behalf of the
petitioners. Ms Wolf stated that the project has been revised and traffic and
environmental issues have been addressed. Ms. Wolf provided an overview of the
project, stated that the project complies with County regulations and ordinances, and
meets the criteria required for a special use permit. Ms. Wolf stated that the daycare is an
appropriate use for the area; a logical transition to residential development; and situated
along a collector road, which is a logical location for a daycare. Ms. Wolf also stated that
the daycare would not adversely impact the adjacent property but instead promote
economic growth for the area.
Sue Haves inquired what improvements have been made for traffic and for the adjacent
property owner, Katie Canty in response to the concern raised at the County
Commissioners meeting.
Cindee Wolf stated that in response to the traffic concern, they added a deceleration taper
and lane and showed additional car stacking area on their plan. Ms. Wolf stated that
there have been no additional changes made in response to Ms. Canty's opposition but
that the plan still includes a large vegetative buffer and the outdoor play area is situated
the furthest away from Ms. Canty's property.
Paul Boney inquired how would the parking lot lights be situated so that they do not
negatively impact Ms. Canty; why the building was situated so far to the east thereby
creating an inordinate buffer on one side of the property; whether there were plans to put
an additional building on the east side of the property, and how the storm water was to be
handled.
Cindee Wolf stated that they would use 12 foot, low profile lights, located on the interior
island and would add additional trees and buffer if requested; there are no plans to
construct an additional building on the east side of the property; and that they would use
underground infiltration to handle the storm water.
David Adams expressed concern about the viability of using an organic opaque buffer
given the sandy soil and asked if the applicant and adjacent landowner would be
amenable to a solid fence instead. Dr. Adams also inquired whether their project
accounted for the future widening of Sanders Road.
Cindee Wolf stated that they would accept the opaque fence condition and that they did
allow for ample setbacks given the future widening of Sanders Road.
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Sid Bowman Beau Rivage resident, spoke in opposition to the project. Mr. Bowman
submitted a petition opposing the project signed by the residents of the adjacent
subdivision, Beau Rivage into public record. Mr. Bowman opposes the project because of
safety and traffic concerns. Mr. Bowman argued that the establishment of a daycare
facility in a residential area would set a precedent for additional businesses.
Katie Canty adjacent property owner spoke in opposition to the project. Ms. Canty
opposes the project because of increased traffic and traffic safety concerns stating that
there are serious traffic issues around Bellamy Elementary School including left turns and
drop-off/pick-up traffic. Ms. Canty also expressed environmental concerns and the close
proximity of the proposed daycare center to her residency. Ms. Canty also expressed
concerned that the daycare center could be sold and replaced with another type of
business. Ms. Canty proposed several locations off Carolina Beach Road as alternative
locations for the daycare center.
Cindee Wolf stated in her rebuttal that it was a mistake that Bellamy Elementary School
was built without the necessary road improvements but that the upcoming developments
would provide for the much needed road improvements to Sanders Road. Ms. Wolf
stated the daycare would incrementally increase the traffic on Sanders Road and that they
have mitigated for that increase by providing the right turn lane. Ms. Wolf stated that
they would be willing to move the building over an additional 30 feet to provide for an
additionally 50 foot of buffer on the west side of the property.
Brad Dunker, co-owner of the property, stated that the daycare center would be a benefit
to the community by providing a necessary service and would also increase property
value. Mr. Dunker stated that the NCDOT impact studies show that their project would
not adversely affect traffic or traffic safety.
Cecile Montming, Beau Rivage resident, spoke in opposition to the daycare center stating
that the daycare center would increase traffic considerably. Ms. Montming stated that the
Beau Rivage community does not want the daycare and it would not be a benefit to their
residential community. Ms. Montming suggested waiting one year to see how the other
proposed developments affect traffic and then make a determination whether or not to
proceed with the daycare.
Jane Daughtride provided the findings of fact:
Preliminary Staff Findings:
1) The Board must rind that the use will not materially endanger the public
health or safety where proposed and developed according to the plan as
submitted and approved.
D. County water and sewer will serve the property.
E. The property accesses Carolina Beach Road, an identified arterial, by
Sanders Road an identified collector.
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F. Fire Service is available from the Myrtle Grove Fire Department.
G. The property is not located in a flood hazard area.
H. NCDOT traffic engineering department did not require a Traffic Impact
Analysis.
L The applicant is proposing to voluntarily install a right turn/deceleration
lane eastbound on Sanders Road.
J. Parents may be able to combine trips with the elementary school.
2) The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance.
K. The property is zoned R-15 Residential.
L. Off-street parking requirements are met according to the requirements of
Article VIII of the New Hanover County Zoning Ordinance.
M. The entire play area will be within an enclosed fence with a minimum
height of four feet.
N. The applicant states the day care will be licensed by the State of North
Carolina.
0. The site plan reflects Section 72-20 for sign dimension limits, when
located on a collector or arterial, which cannot exceed a maximum size of
12 square feet (i.e. 3 X 4).
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.
P. Child care facilities exist in other residential districts in New Hanover
County.
Q. No evidence has been submitted that this project will decrease property
values of residents who live nearby.
R. Buffers in accordance with Section 67 of the ordinance are reflected on the
site plan.
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.
S. The 2006 Land Use Plan Update identifies this area as Urban.
T. Policies in the 2006 Land Use Plan do not address daycare needs.
U. Bellamy Elementary School is located adjacent to the proposed site.
V. An independent site evaluation for the presence of Venus Flytraps
observed no plants on this site.
Suggested Conditions:
1. Staff recommends that the project be required to participate in
the cost-share of road improvements to Sanders Rd. based on
existing Traffic Impact Analyses and NCDOT requirements.
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Paul Bonev asked the applicant if there is sufficient parking for the daycare.
Cindee Wolf and Brad Dunker both responded that there is sufficient parking because
people drop off their children in shifts and that everyone will not descend on the daycare
at the same time.
Sandra Spiers asked if there is any research to show how many parking spaces are
required for a daycare.
Cindee Wolf stated that they used a computer calculation to determine the number of
parking spaces.
Sue Haves asked the staff what the level of service (LOS) on Sanders Road and Carolina
Beach Road and if there was aprojection of the LOS after the proposed developments are
constructed.
Cindee Wolf stated that traffic and the LOS would be mitigated by road improvements
required by upcoming developments.
Sue Haves expressed concern about traffic in this area.
Ken Wrangell asked Planning Staff to elaborate on the level of service for Sanders Road
and if the DOT has plans for improvements to Sanders Road.
Planning Staff explained that four separate traffic impact analyses (TIA) have been
required of the developments in the area and those developments will contribute to the to
the mitigation of Sanders Road. Staff also commented that the NCDOT has determined
that improvements are needed at Sanders and Carolina Beach Road based on the TIAs.
Staff also stated that NCDOT will make future determinations regarding road
improvements based on future NCDOT driveway permit applications.
Ken Wrangell stated that the daycare is a good project but premature given the future
traffic mitigations have yet to occur and that the infrastructure should be in place before
the development begins. Mr. Wrangell asked the petitioner if they would like to withdraw
their application.
Cindee Wolf stated that they did not want to withdraw their application.
Ken Wrangell made a motion to recommend denial of the project. Paul Bonev seconded
the motion.
The Planning Board voted 6-1 (Gott) to recommend denial of the item.
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Sandra Spiers stated the rules of procedure for the duration of the planning Board
meeting including the amount of time allotted for speakers.
Item 3: Conditional Rezoning (continued) - Request by Dargan T. Tunstall, Carroll
T. Eckel and Mable H. Trask to rezone approx 107 acres near N. College Road and
Parmele Road from R-15 and I-2 to CD R-10 (Z-844 7/06).
Chris O'Keefe stated that this item was originally proposed as a straight rezoning from
I-2 and R-15 to R-10 but has been revised to a conditional rezoning. Mr. O'Keefe
presented the slides and gave a brief overview of the site's history, land use, zoning, level
of service (LOS), and related information.
Mr. O'Keefe read the staff summary:
The subject property is located near the intersection of N. College Rd. and Parmele Rd. in
the northern portion of the county Access to the site is currently from N. College Road, a
major arterial on the thoroughfare classification plan. Traffic counts for N. College Rd.
were 13,255 ADT in April 2005. Traffic counts in 2001 were not taken in the same
location as 2005 for purposes of comparison. Current Level of Service (LOS) is shown as
Level E (at capacity) on N. College Road. No LOS is given for Parmele Road.
The property is currently vacant and spans an area just under a quarter of a mile wide,
adjacent to the New Hanover County Jail between N. College Road and the Seaboard
Coastline Railroad right of way. An area of about 21 acres running along the southern
property boundary is zoned I-2 Industrial. The remaining 86 acres is zoned R-15
residential. Along the northern boundary of the subject property are three subdivisions in
the R-15 Residential District; Parmele Woods, Creekstone, and Rustic Acres, as well as
several undivided residential parcels. Street stubs are in place in each of the existing
subdivisions, providing opportunity for future connectivity to Parmele Road, which is a
designated collector road on the thoroughfare plan. The Rustic Acres right of way is
private. To the west of the property is zoned R-20 and includes Castle Hayne Park.
Eastward across N. College Rd. is vacant land zoned B-1 and R-15.
R-10 Residential district restricts a few uses otherwise allowed in the R-15 district, such
as kennels, stables, fruit and vegetable stands. The purposes of the R-10 district
accommodate residential uses with access to public water or sewer. Typical maximum
residential density options in the ordinance are described below:
Conventional lots Performance Residential High Densitv*
R-15 15,000 sq. ft. 2.5 units/net acre 10.2 units/net acre
R-10 10,000 sq. ft. 3.3 units/net acre 17 units/net acre
The existing R-15 acreage would generate up to 216 residential units in addition to the
potential industrial uses on the 21 acre portion of the tract. The general implications of
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rezoning an R-15 to an R-10 district are a slightly more restricted range of uses and
higher maximum density/intensity opportunities. Each subdivision proposal is subject to
natural conditions as they relate to standards in the County's ordinances and state or
federal requirements, but a maximum theoretical scenario for 107.17 acres if the property
were entirely zoned R-15 would allow 268 total units, compared to 354 units in R-10. *In
accordance with Section 69.4(3)D., the high density option would not be available in the
subject location because that option is only allowed in the Transition land classification.
LAND USE PLAN CONSIDERATIONS:
The 2006 Update of the Joint CAMA Plan describes the purpose of the Resource
Protection class as providing for the preservation and protection of important natural,
historic, scenic, wildlife, and recreational resources. The Aquifer Resource Protection
Area is a subclass of this classification and recognizes the location of the Castle Hayne
and Pee Dee aquifer recharge areas needing protection from diminished recharge and
potential contamination. Protection strategies in the plan encourage larger lot
development if septic systems are used.
Related Policies:
3.26 "Ensure that all land use and development decisions protect groundwater aquifers."
3.28 "Preserve the Castle Hayne and Pee Dee aquifers in their present unpolluted state as
the primary groundwater resources for the County."
3.28.4 "Allow density to increase to urban densities in the Aquifer Protection Areas as
sewer service is provided."
3.28.5 "Require on-site infiltration to the extent soils allow."
4.1 "Designate sufficient land area and suitable locations for the various land use types."
5.5.5 "Encourage development within the urban services area where existing
infrastructure is available."
5.7 "Preserve the character of the area's existing residential neighborhoods and quality of
life."
6.5 "Require street connectivity and prohibit cul-de-sacs that impede connectivity
through better collector street planning."
6.6.2 "Continue to require traffic impact analysis in the development review process for
major development and redevelopment projects."
10.4 "Protect water quality by ensuring that drainage from land use activities has a rate of
flow and volume characteristics as near to predevelopment conditions as possible."
Based on the foregoing, this proposal would appear to be consistent with the strategies
for aquifer resource protection in this land classification. One weakness of the proposal is
that traffic level of service on North College Road is operating at capacity for efficient
traffic flow. Subdivision approval will likely require improvements to N. College Road to
mitigate any negative traffic impacts. Also, sewer capacity is currently limited in the
area.
There was discussion regarding the order in which item #3 and #4 would be heard.
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Matt Nichols an attorney representing the applicant, Dominion Land Corporation,
provided a chronological history of the project. Mr. Nichols stated that the project was
changed from a straight rezoning to a conditional use rezoning in response to the requests
of adjacent property owners for a detailed plan of the project. Mr. Nichols summarized
the advantages of a conditional rezoning. Additionally, Mr. Nichols stated that the Castle
Hayne Baptist Church and the Castle Hayne Steering Committee support the project and
is consistent with the Castle Hayne plan.
Candy Alexander, Vice President, Dominion Land Corporation, provided a summary of
the project and showed site plan. Ms. Alexander outlined the project's drainage system,
buffer, amenities, and open space. Ms. Alexander explained what was currently
permitted by right compared to their proposal and stated that the project would provide
for affordable housing for the county.
Hector Ingram, a real estate appraiser with Ingram, McKenzie & Associates, stated that
his research showed that Parsons Mill Farm would not diminish the value of adjacent
properties.
Gary Ahlberg, adjacent property owner and civil engineer spoke in opposition to the
project stating that the project does not comply with county zoning ordinances and is
inconsistent with the CAMA plan. Mr. Ahlberg stated that the plan is not in harmony
with the adjacent neighborhoods and will negatively impact his property value.
Additionally, Mr. Ahlberg was concerned that a traffic impact analysis has not been
completed and expressed safety concerns associated with interconnectivity. Mr. Ahlberg
submitted evidence supporting his opposition into public record.
Pat Walters, adjacent property owner expressed concern regarding drainage and storm
water runoff in the area. Mr. Walters stated that Price George Creek is at capacity and
more development will exasperate the problem and until the infrastructure is improved,
he does not support additional development.
John Still, adjacent property owner expressed concern regarding increased traffic and
decreased property value associated with the proposed project.
Wade Pope, adjacent property owner stated that Price George Creek already floods and
more development will exasperate the problem; until the problem is addressed, he does
not support additional development.
Carolyn Robinson adjacent property owner expressed concern about increased traffic
associated with the project. Mr. Robinson stated there was not a traffic signal.
Jacquelyn Harris, adjacent property owner expressed concern that the proposed
development would compromise the safety of her neighborhood.
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James Spangler. President of Spangler Environmental Consulting, provided rebuttal for
the petitioners. Mr. Spangler stated that the CAMA plan is a policy with strategies, not an
ordinance but that project will uphold the CAMA policies and preserve the Castle Hayne
aquifer. Mr. Spangler stated that the proposed project would improve the area's drainage
situation and produce less storm water runoff than what would be generated if the land
were developed under the current R-15 and I-2 zoning. Mr. Spangler stated that there are
no pocosin wetlands on the property.
Renal Stephenson, traffic engineer with Ramey Kemp & Associates stated that his office
created a traffic impact analysis for the project and recommended the creation of a turn
lane off College Road into the proposed development. Mr. Stevenson stated that their
study found the levels of service to be acceptable and that traffic through the adjacent
neighborhoods would be minimal.
Chris O'Keefe provided the findings of fact for S-565:
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. County water and sewer are accessible for the property.
B. Sewer capacity is currently limited in that area.
C. The property accesses N. College Road, an identified arterial.
D. Fire Service is available from the Wrightsboro Fire Station.
E. The property is not located in a flood hazard area.
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 and I-2 Industrial. This request is
made concurrent with Z-844 for conditional rezoning to R-10 Residential.
B. Off-street parking must meet the requirements of Article VIII of the New
Hanover County Zoning Ordinance.
C. Traffic circulation must meet the standards and requirements of the
subdivision ordinance.
D. A traffic impact analysis has been provided which indicates a slight
reduction in resultant traffic if developed according to the proposed plan.
E. The site plan indicates connectivity to Parmele Road via Saddlebrook Dr.,
Plumtree Lane, and Creekstone Lane.
F. Buffer of 13 acres will be provided between the residential use and the
County Jail property.
G. Trees must be identified and protected as required in Section 67 of the
zoning ordinance.
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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 Aquifer Resource
Protection, which allows for urban densities where public water or sewer
is available.
B. Policies in the plan support preservation of residential character and
quality of life in existing neighborhoods. Adjacent neighborhoods to the
north are zoned R-15 and to the south I-2.
Staff suggested conditions:
1. Conform to the recommendations of the modified TIA to be reviewed
and approved by the MPO and NCDOT.
Melissa Gott requested more information regarding the proposed turn lane into the
development off of College Road.
Rvnal Stephenson stated that the turn lane would be a left turn lane with adequate
deceleration in accordance with NCDOT.
Sue Haves inquired how the turn lane would affect the level of service on College Road.
Chris O'Keefe stated that I-140 has contributed to the amount of traffic in the area and an
updated level of service has not been completed. Mr. O'Keefe stated that
interconnectivity should improve the traffic situation.
Sue Haves asked what the staff's recommendation is for Z-844 and S-565.
Chris O'Keefe stated that the Planning Staff would support a recommendation to approve
the items.
Paul Bonev stated that the land could be developed by right under the current R-15 and
I-2 zoning. Mr. Boney stated that the issue to be considered was whether traffic would be
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worse if the land were rezoned R-10 or left R-15 and I-2 and developed according to
those parameters.
Renal Stephenson stated that a comparison study was conducted measuring the traffic
volume generated by the current zoning versus the proposed zoning. Mr. Stevenson
stated that the study showed more traffic would be generated under the current zoning.
Matt Nichols stated that I-2 is heavy industrial and read the I-2 definition from the zoning
ordinance.
Sandra Spiers stated that the issue is the difference between what is permitted by right
and what is being proposed. Ms. Spiers felt that the neighbors concerns have been
addressed and that the developer has been forthright in providing details to the neighbors.
Ms. Spiers asked if the storm water would be contained on the site or would it runoff into
Price George's creek.
James Spangler stated that they have ample area on the land to create storm water
wetlands and infiltration galleries and specific plans will be submitted to the County for
approval. Mr. Spangler provided details as to how the project exceeded state standards
for water infiltration.
Sue Haves asked staff if sewer is available for the project.
Chris O'Keefe stated that sewer is available in increments.
Jay Williams asked if R-10 developments could use septic systems or if County sewer
was required.
Chris O'Keefe stated that County sewer was required for R-10 developments.
David Adams asked Planning Staff for clarification regarding density associated with
water and sewer availability and whether the project meets the criteria for 3.3 units per
acre. Dr. Adams asked the petitioner to explain the difference between curb and gutter
and grass swales infiltration systems and why curb and gutter was chosen for the project.
James Spangler explained why curb and gutter was chosen as the infiltration method for
the project.
There was discussion regarding wetland mitigation and storm water runoff between Dr.
Adams and Mr. Spangler. Dr. Adams suggested that the petitioner look at Prince George
creek to determine the cause of flooding and suggested improving access to the commons
between lots 134 and 135 and lot 187 and the townhouses.
Wade Pope adjacent property owner asked if the storm water would run into a retention
pond and commented on the efficacy of retention ponds.
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James Spangler stated that the storm water would be treated with infiltration basins,
retention ponds, and possibly grass swales.
There was a discussion of ground water data. It was stated storm water will be treated on
Parsons Mill Farm subdivision and no additional storm water will runoff to adjacent
properties.
Members of the Planning Board felt that a more comprehensive water management
evaluation should be conducted in the northern part of the county
Chris O'Keefe recommended to the Board that they include in their motion that the
petitioner has agreed to grant a conversation easement for the wetland area.
Jay Williams inquired who would hold title to the easement.
It was suggested that Parsons Mill Farm Home Owners Association, New Hanover
County, or the New Hanover Soil and Water Conservation District could hold the title for
the wetland conservation easement.
Paul Bonet' made a motion to recommend approval of Z-844. Jay Williams seconded the
motion. The Planning Board unanimously voted 7-0 to recommend approval of Z-844.
Paul Bonet' made a motion to recommend approval of S-565. Melissa Gott seconded the
motion. The Planning Board unanimously voted 7-0 to recommend approval of S-565.
Sue Hayes stated that a study should be commissioned to examine the flood issues in the
northern part of the county. It was decided that the issue would be discussed at the
upcoming Planning Board work session.
Item 5: Special Use Permit Request by Samantha Croom for in-home daycare of 12
children on 0.26 acres at 7213 Quail Woods Road in Quail Woods Subdivision (S-
566,8/06).
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. Ms. Daughtridge showed the
project's site plan and provided parking details.
Samantha Croom, petitioner, stated that she would like to expand her childcare facility to
accommodate for additional children. Ms. Croom stated that childcare is greatly needed
given the growth of the county. Ms. Crown stated that she would meet the all
requirements for a special use permit.
Melissa Gott asked the petitioner for additional details of her childcare facility including
number of employees, location of clients, and if the facility was also her residence.
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Patricia Stultz 5-star daycare operator, spoke in support of the petitioner stating that
there is a great need for small childcare facilities in the county.
No one spoke it opposition to the item.
Jane Daughtridge 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. County water and sewer serve the property.
B. The property accesses Murrayville Road, an identified collector.
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.
B. Off-street parking requirements of 1 space per employee and four
spaces for off-street drop off and pick up 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.
D. The entire play area is in an enclosed fence with a minimum height of
four feet.
E. The applicant states the day care is licensed by the State of North
Carolina.
F. No outside on-premises signs are currently in place.
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 facilities exist in other residential districts in New
Hanover
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 find that the location and character of the use if
developed according to the plan as submitted and approved will be in
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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 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. Daycare needs are not
addressed in the 2006 plan.
Suggested Conditions: Staff recommends no additional conditions.
Sue Haves made a motion to recommend approval. Jay Williams seconded the motion.
The Planning Board unanimously voted 7-0 to recommend approval of the item.
Item 6: Rezoning- Request by Green Meadows Properties, LLC to rezone 5.09 acres
located at 1728 and 1736 Castle Hayne Road from R-15 to B-2 (Z-846, 8/06).
Jane gave background.
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.
Alex Hall, applicant and co-owner, showed on the zoning map that is property is
surrounded by industrial and commercial entities. Mr. Hall stated that he spoke with
adjacent neighbors and there are no objections to the rezoning.
Ken Wrangell inquired whether there was an access easement for the property to the east
of Mr. Hall's property and if that property was land locked. It was stated that there is
access to the property through property fronting along Gordon Road. Mr. Wrangell
inquired if the applicant would be required to perform any traffic mitigation measures.
It was stated that the applicant would be assessed an impact fee at the time a driveway
permit application was issued.
No one spoke in opposition to the item.
Jane Daughtridge provided the staff summary:
STAFF SUMMARY
The subject property is located on Castle Hayne Road about midway between the
intersections of Gordon Road and 23`d Street. Access to the site is from Castle Hayne
Road, an arterial on the thoroughfare classification plan. Traffic counts on Castle Hayne
Road in this vicinity were 17,000 ADT in 2001 compared to 18,319 ADT in April 2005
(f 8%). Level of Service is F (exceeds capacity).
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The subject property is currently developed with uninhabited houses. Adjacent property
to the south is zoned B-2 and is occupied by auto repair facility. North of the subject
property, zoning is B-1 Neighborhood Business. To the east and west of the subject
property, zoning is R-15 residential. Properties across Castle Hayne Road are developed
for residential purposes.
Though relatively near the airport, the subject property is not identified within the airport
approach zone or the transition zone indicated by the Airport Height Ordinance. The
property is not located within a flood zone. The rear of the property exhibits swamp
forest with protected Johnston soils, and that portion will be subject to Conservation
Overlay District regulations.
Land Use Plan Considerations:
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 property is within the Urban Services Boundary but the area is not
currently served by public water and sewer.
Applicable policies are:
4.1 "Designate sufficient land area and suitable locations for the various land use types"
4.3 "Maximize effectiveness of commercial uses by assuring that land is available for
commercial uses within close proximity to the markets they serve and by assuring that
such commercial uses do not diminish the quality of life in nearby neighborhoods."
Commercially zoned acreage as of 2005 is approximately 2.15% of the total
unincorporated acreage, compared to 2.05% in 2003.
Based on the foregoing, this proposal would appear to be consistent with the purposes of
the land classification; reasonable in relation to the transportation classification and the
established adjacent development patterns to the north and south; and in the public
interest as described by policies in the plan. One weakness of the proposal is the traffic
level of service on Castle Hayne Road already exceeds capacity for efficient traffic flow.
Also, adjacent uses to the west of the property are zoned for and actively occupied by
residential uses with individual driveways onto Castle Hayne Road, indicating possible
compatibility conflicts, depending on the ultimate use of the property if rezoned.
David Adams requested that the County identify the conservation overlay district areas of
the property before any land disturbing activities can begin. It was stated that County
Zoning will identify those areas.
Melissa Gott made a motion to recommend approval of the item. Sue Haves seconded the
motion. The Planning Board unanimously voted 7-0 to recommend approval of the item.
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Sam Burgess provided an update on the Technical Review Committee's activity for the
month of July 2006.
The Technical Review Committee (TRC) reviewed nine projects:
1. The Bluffs at Trails End - The TRC voted 5-0 voted to approve 7 lots with
conditions.
2. Covington - The TRC voted 5-0 to approve 73 lots with conditions.
3. The Overlook at Trails End - The TRC voted 5-0 to approve 7 lots with
conditions.
4. Woodlake at Lords Creek - The TRC voted 3-1 to approve the redesignate
of the roads from public to private.
5. Village at Motts Landing - The TRC voted 3-2 to extend Phase 1 of the
project for another year.
6. Sycamore Grove - The TRC voted 3-1 to approve the project for 70 lots with
conditions.
7. The Village Oaks at Middle Sound - The TRC voted 4-0 to approve 12 lots
with conditions.
8. Nautical Green - The TRC voted 4-0 to approve 35 lots with conditions.
9. Parsons Mill Farm - The TRC voted to approve the project.
Chris O'Keefe proposed a work session for the Planning Board on Thursday August 31,
2006 from 12:00 PM - 5:00 PM.
Ken Wrangell made a motion in favor of a work session. Sue Haves seconded the
motion. The Board voted unanimously 7-0 to have a work session.
Chris O'Keefe welcomed the new Planning Board members.
Sandra Spiers opened the floor for the nomination of Planning Board officers.
Sandra Spiers nominated Paul Boney for Planning Board Chair. Ken Wrangell seconded
the motion. The Planning Board voted unanimously to elect Paul Boney as Chair.
Ken Wrangell nominated Sandra Spiers as Vice-Chair. Paul Bonev seconded the motion.
The Planning Board voted unanimously to elect Sandra Spiers as Vice-Chair.
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Paul Bonev appointed David Adams as Chair of the Technical Review Committee.
Sue Haves made a motion to adjourn the meeting. Melissa Gott seconded the motion.
The Planning Board unanimously voted to adjourn the meeting. The meeting adjourned
at 9:45 P.M.
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