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200810 Oct PBMMinutes of the New Hanover County Planning Board October 2, 2008 The New Hanover County Planning Board met Thursday, October 2, 2008 at 5:30 p.m. in the Assembly Room of the Historic County Courthouse, Wilmington, NC to hold a public meeting. Planning Board Present Melissa Gott, Chair Richard Collier Sue Hayes Andy Heath Jay Williams Ken Wrangell Absent: Sandra Spiers, Vice Chair Staff Present: Chris O'Keefe, Planning Director Sam Burgess, Principal Development Planner Karyn Crichton, Administrative Specialist Jane Daughtridge, Senior Planner Sharon Huffman, Assistant County Attorney Melissa Gott opened the meeting by welcoming the audience to the public hearing. Sam Burgess led the reciting of the Pledge of Allegiance. Richard Collier made a motion to approve the September minutes. Sue Hayes seconded the motion. The Planning Board voted 6-0 to approve the minutes. Item 1: Text Amendment (A-371, 5/08) -Request by staff to amend Article II: Definitions and Article VII: Provisions for Special Uses to define and specify standards for senior housing options. The change would define and differentiate between active adult retirement communities, continuing care communities, assisted living/personal care facilities, and nursing homes. Jane Dau~htrid~e provided a history of the item explaining that the County Commissioners expressed concern about permitting certain senior living options without a public hearing. In response to these concerns, Planning staff modified the amendment so that uses be allowed by a special use permit, thereby requiring a public hearing. Ms. Daughtridge also stated that staff further modified the amendment by eliminating a density bonus; adding new terminology to the table of uses; and retaining the 50 foot maximum building height. Melissa Gott pointed out a couple of minor formatting issues. There was no public comment. Sue Hayes made a motion to recommend approval of the item. Jay Williams seconded the motion. The Planning Board voted 6-0 to recommend approval of the item. Item 2: Text Amendment (A-375, 10/08) -Request by staff to amend Section 59.9-6 to clarify the approval and modification process for Riverfront Mixed Use projects. The change would clarify that major changes to the approved site plan would require a new hearing and approval by the County Commissioners. Chris O'Keefe provided a background on the item explaining that the County Commissioners expressed concern regarding deficiencies in the Riverfront Mixed Use District (RFMU) approval process. Mr. O'Keefe explained that the proposed amendment uses much of the language from the Planned Development District process, which requires any significant changes to go back through the County Commissioners for approval. Jay Williams asked if the proposed language for 2(D) was taken verbatim from the subdivision regulations. Chris O'Keefe stated that it was the same language. Jay Williams made a motion to recommend approval of the text amendment. Richard Collier seconded the motion. The Planning Board voted 6-0 to recommend approval of the item. Item 3: Conditional Rezoning (Z-890, 10/08) -Request by Cornelia Nixon Davis, Inc. to add 2.9 acres to an existing conditional CD(O&I) district and to modify the approved site plan at 1011 Porter's Neck Road. The change would increase the size of the CD(O&I) to about 27 acres and would add living and rehab spaces to the existing facility. It would also reposition and rebuild the offices and dispensary. Current CD(O&IJ was approved under Z-454 in 1992. Jane Dau~htrid~e showed maps and photographs of the property and of the surrounding area. Ms. Daughtridge provided information pertaining to land classification, access, levels of service, utilities, zoning, and water quality. Ms. Daughtridge provided the following summary: STAFF SUMMARY The subject property is located in the northern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is accessed from Porter's Neck Road, an urban collector feeding the Market Street arterial. Traffic counts just east of the site show about 15% increase in average daily traffic between 2004 and 2006. No Level of Service (LOS) has been determined for Porter's Neck Road. Market Street shows 2007 LOS of F, meaning traffic exceeds design capacity. The surrounding area is zoned R-20 residential and is developed for residential purposes. To the west is Champion Assisted Living facility, the Porter's Neck Fire Department and Vineyard Plantation Subdivision. To the north is Porter's Neck Plantation. To the east is Plantation Village and across Porter's Necl< Road is Forest Creek at Porter's Neck Subdivision. The subject property to be added to the existing conditional district is part of a 5.8 acre parcel directly adjacent to the existing Cornelia Nixon Davis healthcare operation. The nursing home began in 1967, predating zoning in that area and was issued a special use permit in 1972 and 1977 for various additions. The total number of approved beds was 199 at that time. The existing site was conditionally zoned in 1992 and revised in 1998 to accommodate the facility and its support geriatric healthcare uses. The subject property is located within the Futch Creek watershed drainage area which is classified SA, High Quality Waters and is listed on the 303(d) list of impaired waters. However, it is not within % mile of the SA waters, thus standard stormwater controls will be allowed. The property is not within the 100 year flood zone. Soils are primarily Class I Kenansville fine sand with only slight limitations for septic systems, however, public water and sewer serves this facility. Chris O'Keefe recommended approval of the conditional rezoning request based on a concrete development plan that would accommodate a business expansion. Mr. O'Keefe provided the following land use plan considerations: This rezoning petition proposes an expansion of an existing conditional 0&I district. No additional beds are proposed, but a new addition of 20 rooms will allow for changing existing double occupancy rooms into single occupancy rooms. Aone-story addition to the rehabilitation center is also planned in order to add a wellness program for existing residents and expand the physical rehab program. The pharmaceutical dispensary and physician offices will be torn down to make room for the new additions and will be rebuilt on the additional acreage, if granted. The Implementation strategies associated with Policy 17.2 of the land use plan encourage accommodation of adequate supply of housing for special needs populations such as the elderly or disabled. Conditional districts are designed for firm development proposals and require site specific plans to be approved as special use permits, thus providing maximum protection and predictability. The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. The subject property is directly adjacent to the existing conditional district and is owned by the Davis Healthcare group. Allowing the added acreage and site plan modifications to create a cohesive business operation and to better accommodate the skilled care needs of elderly residents seems reasonable and appropriate. For this reason, staff recommends approval. Chris O'Keefe provided the following findings of fact: SPECIAL USE PERMIT: 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. Public utilities are available to the site. B. Fire Service is provided by Porter's Neck FD, which is adjacent to the facility. C. The property is not located in a flood hazard area D. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on site. Traffic circulation will be improved by slight adjustments in the driveway access. A traffic impact analysis is not required because peak hour traffic generation is well below the 100 trip threshold 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The 2.64 acres to be added is currently vacant land zoned R-20 Residential. This request is made concurrent with conditional rezoning to CD (0&I) Conditional District for expansion of the existing nursing home/personal care use. B. The required community information meeting was held for surrounding property interests on September 2, 2008 by the applicant prior to submission of this request. C. The lot size exceeds 2 acres, as required by Sec. 72-9. D. Proposed setbacks are greater than 50 feet from surrounding residential properties. E. Buffers exceed the requirements of the ordinance. 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 adjacent parcels. B. Though not a specific public necessity, the use is a public benefit to elderly and disabled residents. 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 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. B. The proposal is consistent with the policies relating to housing of special populations. STAFF COMMENTS: Staff feels these findings are positive. Bruce Bowman with BMS Architects and representing the petitioner provided an overview of the proposed expansion. Mr. Bowman explained that the proposed plan would improve the aesthetics of the health care center, increase the number of private rooms, and would have a minimal impact on traffic. Mr. Bowman stated that they received positive feedback from the community at the public meetings they held and stated that one citizen asked about the location of the service entrance, which Mr. Bowman stated it would remain at its present location. He corrected for the record that one of the two existing converted houses would remain as shown on the site plan. Additionally, Mr. Bowman stated that strong efforts are being made to save 80% of the existing hardwoods. There was no public comment. Jay Williams recommended approval of the rezoning petition. Sue Hayes seconded the motion. The Planning Board voted 6-0 to recommend approval of the rezoning. Jay Williams recommended approval of the special use portion of the petition. Sue Hayes seconded the motion. The Planning Board voted 6-0 to recommend approval of the companion special use permit. Sam Burgess provided an update of the Technical Review Committee's (TRC) activity for the month of September. 1. Grand Cypress -The TRC voted 4-0 to preliminarily approve the project with conditions for 288 apartment units. 2. Riverside -The TRC voted 4-0 to approve the request to convert the road segment from public to private based on testimony from the developer's engineer and attorney. 3. Coral Ridge -The TRC voted 4-0 to approve the request to redesignate the roads in the project from public to private. All original terms and conditions of the plan will remain in effect including private roads being used for public use. No gates or obstructions will be allowed. Mr. Burgess stated that the Technical Review Committee will meet next on October 8, 2008 to discuss modifications of final plat certificates to address the recent changes in water and sewer administration. Sue Hayes made a motion to adjourn the meeting. Jay Williams seconded the motion. The meeting adjourned at 6:15 p.m.