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2013-11 Nov 7 2013 PBM Page 1 of 10 Minutes of the New Hanover County Planning Board November 7, 2013 The New Hanover County Planning Board met Thursday, November 7, 2013 at 6:00 p.m. in the Assembly Room of the Historic County Courthouse, Wilmington, NC to hold a public meeting. Planning Board Present: Staff Present: Vice Chairman Dan Hilla Chris O’Keefe, Planning & Inspections Director Andy Heath Shawn Ralston, Planning Manager Lisa Mesler Ken Vafier, Current Planning & Zoning Supervisor Tamara Murphy Ben Andrea, Current Planner Ted Shipley, III Jennifer Rigby, Long Range Planner David Weaver Sharon Huffman, Deputy County Attorney Absent: Richard Collier, Chairman Vice Chairman Dan Hilla opened the meeting by welcoming the audience to the public hearing. Ken Vafier led the reciting of the Pledge of Allegiance. Vice Chairman Dan Hilla reviewed the procedures for the meeting. Approval of the October 2013 Planning Board Meeting Minutes Andy Heath made a motion to adopt the October Planning Board minutes as drafted. Tamara Murphy seconded the motion. The Planning Board voted 6-0 to approve the October 3, 2013 Planning Board meeting minutes. Vice Chairman Hilla announced Item 2 would be heard first if the other board members were in agreement. Hearing no dissent, Vice Chair Hilla asked the petitioner to come forward. Item 2: Special Use Permit Request (S-615, 11/13) – Request by SEL Property Investors, LLC to develop a community boating facility in conjunction with a single family detached residential community on a 75.17 acre parcel on Masonboro Loop Road near Aqua Vista Drive. The property is currently zoned R-15, Residential District, and classified as Watershed Resource Protection and Conservation according to the 2006 CAMA Land Use Plan. Jeff Keater, the attorney for the petitioner, stated they would like to request a continuance of the petition to the next regularly scheduled meeting of the Planning Board to allow them to gather the additional information needed by staff to fully analyze the application. Page 2 of 10 Vice Chairman Hilla asked if the board had any questions and entertained a motion from the board. David Weaver made a motion to continue the item to the next Planning Board meeting in December. Andy Heath seconded the motion. The Planning Board voted 6-0 to continue Special Use Permit Request S-615 to the December 5, 2013 Planning Board meeting. Item 1: Special Use Permit Modification Request (S-525M, 11/13) – Request by Cindee Wolf of Design Solutions to modify the site plan for an existing special use permit by adding an additional 20 units to the Saylors Watch high density development, which was approved for a total of 82 units in 2005. The subject properties are currently zoned R-15, Residential District, and classified as Urban according to the 2006 CAMA Land Use Plan. Ben Andrea presented the staff summary and provided information pertaining to location, land classification, access, level of service and zoning. Mr. Andrea also showed maps, aerials, video, and photographs of the property and the surrounding area. Staff Summary The existing special use permit for Saylors Watch was unanimously approved by the New Hanover County Board of Commissioners in March 2005. The request is to add an additional twenty units for a total of 102 units; an increase from the previously approved 82 units. The subject property consists of 10.02 acres and is located on the west side of the 4500 block of South College Road, approximately one mile north of Monkey Junction. The subject site is classified as Urban on the 2006 Wilmington-New Hanover County Joint CAMA Land Use Plan. The Urban land use classification is intended to provide for continued intensive development and redevelopment of existing urban areas. The proposal is consistent with the Urban land use classification and is not contradictory to any policies within the Land Use Plan. The subject property is currently zoned R-15 and was approved as a high density development project. The zoning in the vicinity of the subject site is primarily R-15, as well as some tracts zoned for multi- family use under the jurisdiction of the City of Wilmington. Saylors Watch is adjacent to an existing high density development project and other similar developments exist to the north and south along South College Road. The site has direct access to South College Road via an existing driveway. The average daily trip count on South College Road conducted in October 2013 was 41,468 trips per day, representing a level of service of F, meaning the traffic counts exceed the design capacity of the road, which is listed at 29,300. The subject property is not located within any flood or archaeologically significant areas and does not host any CAMA areas of environmental concern. The area subject to the proposed revision is on the southwest portion of the tract. This area was previously classified as wetlands by the U.S. Army Corps of Engineers during the design and approvals in 2005. Since then, the area has been released by the Corps of Engineers; therefore, removing the previous restrictions for development. Page 3 of 10 The petitioner is seeking to modify the site plan to add twenty units for a total of 102 units, bringing the density to 10.18 units per acre, just under the maximum density allowed for high density development projects in an R-15 zoning district, 10.20 units per acre. Access to the proposed additional units would spur from the existing road network and the additional parking is designed similar to the existing sections. A T-style or hammer head turnaround is featured at the terminus of the new street, as well as an additional dumpster to serve the new units. On October 23, 2013, the County’s Technical Review Committee approved the site plan with conditions, one of which was that a thirty-foot access easement from the turnaround to the adjacent property to the west would be required to meet interconnectivity requirements for future access. Notices for the public hearing were sent to 82 property owners and a sign was posted on the property on October 25, 2013. Staff received one inquiry about the project, but no opposition to the request. In summary, the request is consistent with the New Hanover County Zoning Ordinance and the CAMA Land Use Plan. Staff recommends approval of the proposal with one condition: 1) Dedication of a twenty (20) foot access easement along the frontage of South College Road on the subject property for future development of a multi-use path, consistent with the Wilmington-New Hanover County Comprehensive Greenway Plan. Mr. Andrea offered to answer questions from the board. Vice Chairman Hilla asked if board members had any questions for staff. Hearing none, Vice Chair Hilla opened the public hearing and recognized the applicant. Cindee Wolf, of Design Solutions LLC, spoke on behalf of the applicant. Noting Mr. Andrea had done a great job describing the physical features of the layout, she explained in the early 2000’s prior to the approval of the Saylors Watch Development, the rear section the property had been ditched and backed up with water so there were wetlands at the rear of the property. After improvements around the property, including a new pond, the conditions of those lands changed and they had it revisited by the Corps of Engineers. She stated there are no longer any wetlands on that portion of the property so the twenty units seemed to be an excellent opportunity for infill where services and infrastructure are already in place. Ms. Wolf stated her clients were in agreement with the condition of a twenty foot pedestrian access easement along the frontage and offered to answer any questions the board may have. No one else from the public spoke in support of the special use permit modification. Vice Chairman Hilla opened the opposition portion of the hearing. Page 4 of 10 No one from the public spoke in opposition to the proposal. Chairman Hilla closed the public hearing portion of the meeting. Andy Heath inquired if the twenty foot easement would be located on property owned by the homeowners’ association or property owned by the petitioner. Ms. Wolf explained the petitioner is both the homeowners’ association and the Saylors Watch Development and they are both in agreement with the condition. The twenty foot pedestrian access easement is included on the updated site plan, which was not updated in time to be included in the planning board package. The updated site plan with the 20 foot easement will be on the site plan forwarded to the County Commissioners. Tamara Murphy asked if the stormwater pond installed was designed for 82 lots or for 102 lots. Cindee Wolf explained the stormwater pond was sized for the initial development of 82 lots, but will pond will be increased during the modification of the stormwater and erosion control permit, which will bring those items into current compliance based on the new impervious surfaces. Vice Chairman Hilla asked for a motion from the board. Tamara Murphy made a motion to recommend approval with the condition of the dedication of a twenty foot access easement along the frontage of South College Road on the subject property for future development of a multi-use path consistent with the Wilmington-New Hanover County Comprehensive Greenway Plan. David Weaver seconded the motion. The Planning Board voted 6-0 to recommend approval of Special Use Permit Modification Request S-525M with one condition: 1. The dedication of a twenty foot access easement along the frontage of South College Road on the subject property for future development of a multi-use path consistent with the Wilmington-New Hanover County Comprehensive Greenway Plan. New Hanover County Comprehensive Plan: Progress Report #1 – In conjunction with New Hanover County’s process to create a Comprehensive Plan, this is the first of seven presentations that will be provided throughout that process to keep the Board abreast of progress and milestones that have been met. During this presentation, staff will provide a draft of the Public Engagement Plan that will be utilized to generate authentic public participation in order to ensure that the planning process engages all segments of the community. Vice Chairman Hilla stated this portion of the meeting was not a public hearing, although public comments were welcomed by the board. Jennifer Rigby presented the first progress report, noting the public engagement portion of the comprehensive plan was presented at the Planning Board Work Session on November 1, 2013. She stated she was excited to share with the residents of New Hanover County information about the Comprehensive Plan and how to become involved in planning for the County’s future. Page 5 of 10 Ms. Rigby stated staff realized there are a number of other initiatives currently under way and many people find it confusing and fragmented. However, these multiple planning efforts are actually very good for the community. Each plan has a unique and special focus and all of the plans will ultimately tie together. Staff members for each plan are meeting regularly to discuss timeframes, common issues, and gather information from each other. Ms. Rigby stated the planning initiatives should be considered in vertical terms, starting at the regional level down to the County level and to the City level. Some issues may reach beyond political jurisdictions and require looking at the entire region to provide a framework for addressing those issues. An example of that may be water quality, where the watershed may expand beyond county or city jurisdictions. Similar issues may be better addressed at the county or city level where specific policies and ordinances can be developed. It is unique for a community to be able to look at these issues from varying perspectives while creating autonomy for each planning effort. We are fortunate to be able to address these issues through this vertical planning process. Ms. Rigby stated these are all very valuable plans that will improve our community and encouraged citizens to participate in all of these efforts to ensure the community is the best it can be. Ms. Rigby explained North Carolina does not have state enabling legislation that requires the development of a comprehensive plan; however, because we are a coastal community, we are required to have a CAMA Land Use Plan per the Coastal Area Management Act. The CAMA Land Use Plan will be a part of our Comprehensive Plan and our Comprehensive Plan will be a guide that will address our county’s current development trends, determine a vision for how our community would like to see the county develop over the next 25 years, and determine a plan for how to achieve this vision. Ms. Rigby reported the final product will include a future land use map and specific policy recommendations that will also help guide development over the next 25 years. Through this effort we will address six themes as they relate to our community: 1) The Livable Built Environment will address issues of the built environment, including land use, transportation, housing, energy, and infrastructure, and how they work together. 2) Harmony With Nature will address the contributions of natural resources to human wellbeing. 3) Resilient Economy will address urban development and redevelopment strategies that foster business growth and prepare our community for positive and negative changes in our economic health. 4) Interwoven Equity will address issues of fairness and equality as it relates to housing and services. 5) Healthy Community will address issues of public health through provisions for healthy foods, physical activity, access to recreation, healthcare and safe neighborhoods. 6) Responsible Regionalism will connect plans of adjacent jurisdictions in the surrounding region. Page 6 of 10 Ms. Rigby stated the County had contracted with Renaissance Planning to help create a model based in an ArcGIS extension called CommunityViz. This is a 3-D model, which will hold four different development scenarios. The first scenario will be a business as usual scenario. The second scenario will include a low population growth with a high conservation of land resources, which is a more suburban type development. The third scenario will be a high population growth rate with a low conservation of land resources, which is a more sprawling development pattern. The fourth scenario will be a high growth rate with a high conservation of land resources, which will be the most urban form of development. Ms. Rigby announced the community will be able to review the different development scenarios and determine their preferred scenario. There will be a significant amount of public outreach involved in this part of the plan so that everyone will have the opportunity to understand the various scenarios, the benefits and constraints of each scenario, and ultimately help planners determine the vision for New Hanover County. She explained once the preferred scenario is created, planners will be able to develop the future land use map, which is the tool used to guide zoning and development. Ms. Rigby then shared the timeline for the Comprehensive Plan to enable the public to determine when and how they would like to offer input. February 2014: The public launch of the plan will take place through a public meeting. It will be an opportunity for planners to share with the community the current conditions, the current population, and historic trends. This will include all of the baseline data that will help us build the plan. Additionally, this will be the time when individuals will be encouraged to sign up for the theme committees. Summer 2014: Planners will be working diligently with the theme committees to address the current issues, best management practices, and potential policy recommendations. The citizen advisory committee will also start meeting to vet the recommendations of the theme committees. Additionally, there will be much work done at that time on the scenario model. Fall 2014: Neighborhood meetings will be held throughout the unincorporated part of the county. This will be an opportunity for individuals to clearly illustrate areas of stability and areas of opportunity. Staff will also be presenting the various development scenarios from the CommunityViz model. Surveys will be created and individuals will have an opportunity to really study the various scenarios and determine the preferred development pattern. Winter 2015: A public meeting will be held to present the policy recommendations and the preferred development scenario. It will be an exciting time for citizens to review their hard work and to validate their vision and strategy for the future of New Hanover County. Page 7 of 10 Much work will be done after the Winter of 2015 following the public engagement portion to develop the implementation plan and to address issues as they relate to CAMA. The final document of the plan will be ready in late Spring 2015. Ms. Rigby reported staff and planners have created a number of opportunities for people to participate in the planning process. Those opportunities include, but are not limited to, public meetings, an interactive website, an online county forum, theme committees, and a citizen advisory committee. Staff is working hard to get the word out to the community and while many traditional methods will be used to communicate with the citizens, staff would also like to request help from citizens who participate in groups and organizations. Staff will be glad to speak to groups, and additionally provide speaker’s notes, brochures, and information about the plan. Ms. Rigby announced the anticipated public meeting dates begin in February, 2014 and will conclude in January, 2015. As we move through the process, we may determine that additional meetings may be necessary; however, we hope this is a general guide and framework of meetings and dates so that people can make plans to attend. Ms. Rigby reported staff is excited about the online engagement tool known as Peak Democracy. Many local governments communicate with their citizens through this tool, which allows staff to post questions or topics and citizens to respond to the questions and topics in their own time. It also allows individuals to respond to one another and create an online conversation. One of the main benefits of this tool is that it offers controls and requires comments to be respectful and on topic so that individuals are not verbally attacked by others and conversations do not become off topic. Ms. Rigby stated as previously mentioned, six themes will be addressed through this plan. Staff is encouraging all citizens regardless of their background to participate in this empowering experience. Each Theme Group will meet four times for two hours each. It is anticipated the meetings will be held over the lunch hour from 11:30 a.m. to 1:30 p.m.; however, that time will be finalized once the groups get together and determine their preferred time to meet. Each meeting will have a very specific agenda. The first meeting will be to discuss the issues relating to the particular theme. The second meeting will discuss best management practices and successes from other communities. The third meeting will be recommendations for New Hanover County and the fourth meeting will be to validate the recommendations of the group and to select one member of the group to represent the entire group on the Citizens Advisory Committee. Ms. Rigby commented it is also anticipated there will be webinars and/or field trips planned throughout the process to help the Theme members have information needed to make recommendations. For example, one group may ride the bus to understand the issues related to public transportation. Page 8 of 10 Ms. Rigby announced sign-up sheets were available in the foyer and on the table during the Planning Board meeting and encouraged citizens to sign up. She noted the only requirements for participation on the committees are your time and an interest in making New Hanover County an even greater place to be in the next 25 years. Ms. Rigby stated the Citizen Advisory Committee is another opportunity for citizens to participate in the comprehensive planning process. The committee will be comprised of the six individuals selected from the Theme committees, as well as six individuals appointed by the County Commissioners. This group will meet three times for two hours each, much like the format for the Theme committees, and each meeting will have a very specific agenda and the group will be responsible for reviewing all the recommendations from the Theme committees, reviewing existing policies, identifying conflicts between the different Theme committees, and finalizing recommendations for the implementation plan. She noted essentially the Citizen Advisory Committee will help move the recommendations from the Theme committees to the final policies put forth in the implementation plan. Both of these opportunities, the individual Theme committees and the Citizen Advisory Committee, are very exciting ways for citizens to become intimately involved in creating policy direction for our community. Ms. Rigby strongly urged citizens to consider participating in some way. She also provided her phone number to obtain more information or to schedule a speaker for a group. Vice Chairman Hilla thanked Ms. Rigby for her presentation and great work on the comprehensive plan. Noting her comments regarding several other area comprehensive plans, Vice Chair Hilla asked if the City of Wilmington had a plan and if they would be working with the County on their plan. Jennifer Rigby explained the City does have a comprehensive planning process, which is geared more toward an urban framework process. County staff is working closely with City staff on their plan and they are apprised of the County’s plan as well so we intend to work together on those. Vice Chair Hilla asked if the City and County intended for their comprehensive plans to be similar in some ways where appropriate so as not to contradict each other. He also asked if the surrounding counties would be involved in the County’s plan. Jennifer Rigby explained that would certainly include the population projections and forecasts and a lot of the data, which is shared like puzzle pieces. At the end of the day, there will be the FOCUS Regional Plan, of which New Hanover County will be a part of that plan, and the City of Wilmington will be a part of the New Hanover County Plan. She explained the surrounding counties of Brunswick and Pender are involved in the FOCUS Regional Plan, so the County will be intricately involved with them as well. County staff is holding regular meetings with the other planning groups to ensure that everyone is aware of the planning processes and determine where efforts can be coordinated. David Weaver commended Ms. Rigby on a great process and asked Ms. Rigby to provide more detail on the national exposure for the County’s comprehensive plan. Page 9 of 10 Jennifer Rigby explained that New Hanover County has been selected as one of ten pilot communities in the nation to help craft standards for comprehensive plans. She noted it is an exciting opportunity for New Hanover County to be pioneers and help lead the charge. David Weaver commented the selection speaks very well of the County and its Planning staff. In regard to the time line for the meetings, he asked Ms. Rigby to elaborate on the process during that period. Ms. Rigby explained several neighborhood meetings would be held in September and October of 2014. Staff will use that information in the CommunityViz model to determine the preferred scenario. The background legwork will take place during that time to prepare to present that information to the community in January 2015. Mr. Weaver inquired if the reason there was not a low growth with low conservation scenario was due to that scenario being identified as the business as usual scenario. Ms. Rigby confirmed Mr. Weaver was correct, the business as usual scenario refers to a low population growth with low conservation scenario. Mr. Weaver asked if the vision for the final product included a land use map, an implementation plan, and a set of policies similar to the existing CAMA Land Use Plan. Ms. Rigby explained the final product will depend on the work that comes out of the Theme committees and the Citizen Advisory Committee, but staff imagines those committees will set forth policies they would like to see adopted. While they may not go through the formal adoption process at that point, it will offer a roadmap for the future on how to begin implementing the plan. The policies will be staged out through the Implementation Plan, which will reflect, for example, the policies we want to accomplish within the first five years, during the next five years, etc. She noted much of that work is yet to be determined. Shawn Ralston added this opportunity allows the County to create a plan. Part of the implementation of the plan will basically involve crafting a new zoning ordinance. The County will hold on to many principles in the existing ordinance that are compliant with the plan that is adopted, but moving forward the zoning ordinance will be a major piece of the implementation process. Ms. Ralston explained the existing Zoning Ordinance was adopted in 1969 and a plan was created afterwards, which is not the ideal situation. Normally, the plan would be created first and then standards would be adopted. Ms. Ralston felt the County was moving in the right direction. Vice Chairman Hilla entertained a motion from the board. David Weaver made a motion to recommend the Planning Board send the resolution forward to the County Commissioners. Andy Heath seconded the motion. The Planning Board voted 6-0 to recommend the Planning Board send the resolution validating the public engagement strategy for the Comprehensive Plan forward to the County Commissioners. Page 10 of 10 Chris O’Keefe requested the board clarify the motion regarding the comprehensive plan resolution. David Weaver amended his motion to recommend the county commissioners adopt the comprehensive plan resolution. Andy Heath seconded the amended motion. The Planning Board voted 6-0 to recommend the County Commissioners adopt the resolution validating the public engagement strategy for the Comprehensive Plan. Technical Review Committee Report (October) Kenneth Vafier reported the County’s Technical Review Committee reviewed the Saylors Watch site plan during two meetings in October. Those details were provided reported during the staff report on the Saylors Watch special use permit modification request. The TRC approved the project, which will move forward for consideration by the Board of County Commissioners in December. Vice Chairman Hilla announced the 2014 Planning Board Meeting/Work Session schedule had been distributed to board members for review. Shawn Ralston pointed out two changes were made in the regular meeting schedule. The January meeting was moved to January 9th and the July meeting was moved to July 10th to avoid conflicts with adjacent holidays. Chris O’Keefe asked the board to formally adopt the 2014 meeting schedule as proposed. Andy Heath made a motion to accept the recommended meeting dates as presented. Tamara Murphy seconded the motion. The Planning Board voted 6-0 to accept the recommended 2014 Planning Board meeting dates. Vice Chairman Dan Hilla adjourned the meeting at 6:40 p.m.