200811 NovPBMMinutes of the
New Hanover County Planning Board
November 6, 2008
The New Hanover County Planning Board met Thursday, November 6, 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
Sandra Spiers, Vice Chair
Richard Collier
Sue Hayes
Andy Heath
Jay Williams
Absent:
Ken Wrangell
Staff PrPCPnt-
Chris O'Keefe, Planning Director
Sam Burgess, Principal Development Planner
Karyn Crichton, Administrative Specialist
Jane Daughtridge, Senior Planner
Sharon Huffman, Assistant County Attorney
Shawn Ralston, Senior Environmental Planner
Melissa Gott opened the meeting by welcoming the audience to the public hearing. Chris
O'Keefe led the reciting of the Pledge of Allegiance.
Richard Collier made a motion to approve the October minutes. Andy Heath seconded the
motion. The Planning Board voted 6-0 to approve the minutes.
Item 1: Conditional Rezoning (Z-891, 11/08) - Request by Shanklin and Nichols, LLP for
Atlantis Holdings and others to rezone approximately 29 acres in the Urban land classification
south of St. Andrews Drive on the east side of Carolina Beach Road from CD(B-1) and R-15 to
CD(B-1) and CD(B-2) at Belle Meade Plaza. Current CD(8-1) was approved under Z-821 in
December 2005. The change would allow a limited range of retail, office and residential uses
and would add Movie Theater as an allowable use in the CD(B-2) portion of the project.
Jane Daughtridge showed maps and photographs of the property and of the surrounding area.
Ms. Daughtridge provided information pertaining to land classification, access, levels of service,
and zoning. Ms. Daughtridge showed the current approved site plan and the proposed site
plan. Ms. Daughtridge provided the following summary:
STAFF SUMMARY
The subject property is located in the southern portion of the county in an area classified as
Urban on the 2006 CAMA Land Classification map. The property is accessed from Carolina
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Beach Road, an arterial roadway. Traffic counts in the area show about 15% increase in average
daily traffic between 2004 and 2006. Carolina Beach Road has a 2007 LOS of E, meaning the
road is operating at its design capacity.
The property is located about a mile from the Monkey Junction commercial area. The northern
boundary lies along the jurisdictional line with the City of Wilmington. Much of the surrounding
area otherwise is zoned for residential use. Colonial Grande Apartments border the property
inside the City jurisdiction. Belle Meade Plantation subdivision is developing to the north. A
personal care/independent living facility has also been approved to the east. Southeast of the
site remains scattered residential acreage. Across Carolina Beach Road is the Silva Terra
Subdivision, the Moose Lodge and County EMS facility.
The subject property is located within the area under consideration for annexation by the city.
It is in Barnard's Creek watershed drainage area which is classified C; Sw. The property is not
within the 100 year flood zone. Soils are primarily Class II or III with limitations for septic
systems, however, public water and sewer will serve this site.
Chris O'Keefe recommended approval of the conditional rezoning request because the
proposed project would provide goods and services to the surrounding area and contains good
access and interconnectivity from the property to public streets. Mr. O'Keefe provided the
following land use plan considerations:
Land Use Plan Considerations:
In 2005 under case number Z-821, a 24 acre site was zoned Conditional (B-1)for a neighborhood
business mixed use proposal with about 290,500 sq. feet of space in 18 two-story buildings to
be used for a limited range of office, retail and residential uses listed on the approved site plan.
Movie theaters, hotel/motel, convenience stores and automobile service stations were
expressly disallowed in the 2005 conditional district special use permit.
This rezoning petition proposes three changes to the currently approved project:
1. Approximately 12 acres currently zoned CD(B-1) and extending southeasterly along
Carolina Beach Road from St. Andrews Drive is proposed to be rezoned to CD(B-2) for
the purpose of mixed use development that would include a movie theater. The
remaining uses would be limited to the same B-1 list as currently approved.
2. Approximately 13 acres would remain zoned CD(B-1) including the original list of uses,
but the site plan would be redesigned.
3. Approximately 4.5 acres currently zoned R-15 would be rezoned to CD(B-1) and would
be added to the redesigned site plan noted above and subject to the same limited list of
uses.
The proposed changes would increase the acreage for this project but would reduce overall
square footage of the currently approved development from 290,536 to 280,971 sq. ft. and the
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number of buildings from 18 to 15. No other change in the list of approved uses has been
proposed by the applicant other than addition of a 2,626-seat movie theater.
The 2005 approval required addition of collector streets with interconnectivity to Pine Hollow
Drive and Saint Andrews Drive. This interconnectivity provides substantial circulation options
for motorists accessing or exiting the shopping area. NCDOT required a traffic signal and
additional improvements to satisfy congestion management for the 2005 proposal and most of
those improvements have been installed. An updated TIA indicated that turn lanes will be
required at the right-in/right-out driveway on Carolina Beach Rd. for the CD(B-2) portion and
also internal turn lanes exiting the parking lots onto Matteo Drive.
Several policies in the 2006 Land Use Plan support properly sited mixed use development that
through design can lessen dependence on the automobile and reduce vehicle miles traveled on
our roadways. The application did not provide an estimate of a future residential population.
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 Urban class as providing
for continued intensive development at a density approaching 1,500 dwelling units per square
mile ...Mixed use, cluster and higher density development may be appropriate in Urban areas.
The subject property has signalized access to the US 421/Carolina Beach Road arterial and
interconnectivity to public streets feeding into 17th Street Extension and S. College Road. New
and existing development in this vicinity will be served by the goods and services proposed. For
this reason, staff recommends approval.
Chris O'Keefe provided the following findings of fact:
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 the Myrtle Grove FD.
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.
A traffic impact analysis was prepared for this proposal, indicating that the right
in-right-out driveway for the CD(B-2) portion will require a turn lane, and
internal turn lanes will need to be added exiting the parking lots onto Matteo
Drive.
New collector streets as shown on the site plan, and other congestion
management improvements as required by NCDOT have been installed at the
site.
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The 25 acre site is currently vacant land zoned CD(B-1) and the 4.5 acre
proposed addition is residential land zoned R-15 . This request is made
concurrent with conditional rezoning to CD(B-2) for 11.77 acres in order to add a
2,626-seat movie theater to the list of allowable uses, and CD(B-1) on the
remaining 18 acres.
B. A table of allowed uses for each zoning portion has been included on the
proposed site plan.
C. Parking is proposed at 1,393, which exceeds the minimum requirements of the
ordinance by 162 spaces.
D. Community information meetings were held by the applicant for surrounding
property interests on 4 occasions prior to the Planning Board meeting.
E. Buffers will meet or 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.
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 Urban
class as providing for continued intensive development and redevelopment of
exiting urban areas where urban services are in place or scheduled within the
immediate future.
B. The proposal is not inconsistent with the policies relating to mixed use
developments in proximity to the populations they serve.
STAFF COMMENTS:
Staff feels these findings are positive.
Mr. O'Keefe added that the Planning Department received written comments from
community members regarding traffic speed and volume presently existing on Pine Hollow
Road.
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Matt Nichols an attorney representing the applicant Atlantis Holdings, LLC, et al provided a
PowerPoint presentation detailing their proposal to modify and expand their 2005
approved site plan. Mr. Nichols requested that approximately 12 acres be rezoned from
conditional use (B-1) to conditional use (B-2) to accommodate a movie theatre and
approximately 4.5 acres be rezoned from R-15 to conditional use (B-1) for retail and office
space. Mr. Nichols showed both the approved and proposed site plans as well as artistic
renderings to illustrate the style of the proposed development. Mr. Nichols stated that they
have received a firm commitment from the Stone Theater Group to operate the movie
theatre. Mr. Nichols added that they have held four neighborhood meetings to inform the
community and address concerns.
David Fex, a Pine Hollow Drive resident expressed concern about the current volume and
speed of traffic along Pine Hollow Drive and felt that the establishment of a movie theater
would exacerbate the problem especially given that theaters have extended hours of
operation. Mr. Fex asked the board to consider ways of slowing traffic along Pine Hollow
Drive or replacing street connectivity entirely with a walking trail. Mr. Fex showed a map to
illustrate how Pine Hollow Drive is used as a connector between College Road and Carolina
Beach Road.
John Hayes, a McGinnis Lane resident and spokesperson for the Belle Meade Homeowners
provided a PowerPoint presentation that detailed the community's concerns regarding the
current volume and speed of traffic along Pine Hollow Drive. Mr. Hayes applauded the
development of a movie theater and thought it would increase the value of his property but
was concerned that it would also increase the traffic problem. Mr. Hayes submitted a
petition to reduce the speed limit along Pine Hollow Drive to 20 mph.
Steve Spinola, Pine Hollow Drive resident expressed concern regarding the current speed of
traffic along Pine Hollow Drive and stated that his family has had several near misses due
speeding. Mr. Spinola suggested that some type of traffic calming device be installed such
as speed humps.
Adam Hooks, Pine Hollow Drive resident expressed concern regarding the excessive speed
of cars along Pine Hollow Drive and noted that the increase in traffic is due to the road's
connection between College and Carolina Beach Roads. Mr. Hooks stated that there need to
be an alternative access to help reduce the traffic along Pine Hollow Drive.
John Hayes stated that the NCDOT stated that the speed limit should be approximately 25
mph. Mr. Hayes stated that he would like to have speed humps installed and have speed
limits enforced by police patrol along Pine Hollow Drive.
Matt Nichols stated that his clients desire to work with the neighborhood to address the
traffic issues.
John Davenport a traffic engineer with Davenport Engineering stated that his firm
conducted a traffic impact analysis for the project and that most of the recommended road
improvements are already in place; capacity issues have been mitigated; and recommended
that a right turn lane be installed leading onto Carolina Beach Road. In addition to the four
roundabouts, Mr. Davenport proposed several additional physical barriers to slow traffic
including painted bike lanes and constructing the roundabouts in a way that forces traffic to
slow down.
Jay Williams asked Mr. Davenport what was the width of Pine Hollow Drive beyond the
proposed development and why he thought Pine Hollow Drive was dedicated but not
accepted into the NCDOT's street maintenance system.
John Davenport stated that the road's width is 32 feet and that they are proposing 4-6 foot
bike lanes plus 11 foot wide travel lanes for vehicles.
Howard Capps a landscape architect stated that Pine Hollow Drive has not been accepted
by NCDOT into their system is because the developer has never submitted it. Mr. Capps
also stated that the NCDOT stated that Pine Hollow Drive is not up to NCDOT standards and
would require improvements before It will accept it.
John Davenport added that the proposed traffic calming treatments would be acceptable to
NCDOT.
Andy Heath asked if the section of Pine Hollow through Belle Meade was a private road and
if there would be any issue connecting a private and public road.
John Davenport stated that the section as a private street in the sense that the NCDOT did
not maintain it and that it would not be any issue with connecting the two streets.
Richard Collier asked if the median still existed at the intersection of Pine Hollow and
Carolina Beach Road which forces drivers to turn right. Mr. Collier also asked who was the
developer for the residential component of Belle Meade Plantation.
John Davenport stated that the median was still in place and would remain. Mr. Davenport
also summarized the details of the travel lanes explaining that striped bike lanes would be
created and devices to slow traffic within the roundabouts which would also be acceptable
to NCDOT if and when they incorporate the roads into their system.
Matt DiGioia, the developer for the commercial project stated that his master plan indicates
that primary access to his development be from Carolina Beach Road and that he was
required to make $750,000 worth of improvements to Carolina Beach Road. Mr. DiGioia
stated that his development would provide goods and services for the surrounding area;
created $60 million dollars in construction work; and will create permanent jobs and
contribute to the tax base for New Hanover County.
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Bill Hatcher resident of Pine Hollow Drive stated that he is in favor of Mr. DiGioia's project
but felt that there are better ways to slow traffic along Pine Hollow Drive than what has
been proposed by Mr. DiGioia. Mr. Hatcher suggested chokers and diverters to slow traffic
along Pine Hollow Drive.
Julie Biggerstaff, resident of Pine Hollow Drive requested that mitigation of these traffic
issues should be a condition of approval of the theatre. Ms. Biggerstaff stated that there
are many children that live and play along Pine Hollow Drive and stated that if the traffic
issues cannot be resolved than she would not support the establishment to the movie
theater.
David Fex stated that the intersection of Pine Hollow Drive and College Road is a bus stop
for school buses. Mr. Fex added that Mr. DiGioia stated that he was amenable to
restricting Pine Hollow Drive to bicycle and pedestrian traffic only.
Sue Hayes asked what was the difference between the proposed plan and the 2005 plan
which contained a movie theater but was denied.
Sandy Spiers stated that her recollection was that the movie theater was pulled not rejected
from the site plan because there was no firm commitment from a movie theater operator at
the time.
Ken Shanklin, an attorney for the applicant stated that in 2005, there was not a contract in
place with a movie theater operator and concrete plans are required for conditional
rezonings.
Melissa Gott asked staff if interconnectivity was a requirement and Sandy Spiers asked if a
diverter minimized the effectiveness of interconnectivity.
Chris O'Keefe stated that a diverter would lessen the effectiveness of interconnectivity and
that the Planning Board could recommend the removal of connectivity or additional traffic
calming devices. Mr. O'Keefe stated that there is valuable information in the traffic impact
analysis (TIA) that was prepared for the project however because it was submitted late,
staff has not had an opportunity to fully study it. Mr. O'Keefe recommended to the Board
that they ask the petitioner to explain the results of the TIA and to indicate whether they
found that more people will choose to take Pine Hollow Drive to access the movie theater.
Sandy Spiers asked Mr. Davenport if he thought a diverter would help with the traffic issues.
Ms. Spiers also asked if the improvements to Carolina Beach Road were in place or if traffic
issues would improve soon thereafter their installation.
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John Davenport stated that the improvements on Carolina Beach Road are already in place
and residents are still experiencing traffic issues. Mr. Davenport stated that the roads can
handle the volume but that people will still be upset because traffic outside their homes
increased when the street became a connector street. Mr. Davenport added that if the
Board turns down the proposal, you also turn down all the slated road improvements.
Richard Collier asked how Pine Hollow Drive is sub standard?
John Davenport stated that it is in decent condition but have not been hired to conduct core
samples which would indicate the thickness of the asphalt and thus indicate the road's
condition and perhaps predict is lifespan. Mr. Davenport added that NCDOT will not accept
road which contain speed humps.
Richard Collier asked if the speeding occurred at the 32 foot or 12 foot section along Pine
Hollow Drive. Mr. Collier asked Mr. Davenport for more specifics regarding the proposed
traffic calming devices (i.e., speed humps and roundabouts) and traffic counts. Mr. Collier
asked Mr. Davenport if traffic counts were taken continuously to ascertain what hours
generated the heaviest volume and asked him to predict the route that movie theater
patrons would take.
John Davenport explained that the current speeding occurs within the 32 foot section and
that roundabouts can be constructed in such a way to further slow down cars. Mr.
Davenport added that any traffic calming devices or road improvements should be
constructed so that the DOT will accept the roads in the future. Mr. Davenport stated that
they took traffic counts during peak hours and that he personally observed very little traffic
along Pine Hollow Drive during non-peak hours. Mr. Davenport stated that the majority of
the traffic would be dispersed out onto Carolina Beach Road and 15% onto St. Andrews
Drive.
Richard Collier suggested modifying the site plan so as to sever the connection from the
roundabout to the parking lot directly in front of the proposed theater.
Matt DiGioia stated that closing the connection to the roundabout will not prevent people
from using Pine Hollow Drive. Mr. DiGioia felt that it was most important to provide as
many access points to help people exit the parking lot and get them out onto the major
roads. Mr. DiGioia added that the stacking that they have provided in their plan meets or
exceeds the standards.
Richard Collier stated that closing off the parking lot to the roundabout may cause enough
of a delay to act as a deterrent to those who would choose to take Pine Hollow Drive but do
not live on Pine Hollow Drive.
Matt DiGioia stated that he would consider the suggestion.
Sandra Spiers questioned if the Planning Board had the ability to control the speed along
Pine Hollow Drive. Ms. Spiers suggested placing speed bumps along the 30 foot stretch of
Pine Hollow Drive as a way to slow traffic in the event the NCDOT does not accept the road.
Chris O'Keefe stated that Pine Hollow Drive was supposed to have been turned over to
NCDOT but for various reasons that has not taken place. Mr. O'Keefe stated that the
homeowners may still petition NCDOT and Planning staff and the Planning Board could
provide support of the petition. Mr. O'Keefe added that DOT does not accept public streets
that include speed bumps. For speed bumps to be included the developer or the HOA
would have to petition TRC to change the road designation from Public to Private.
Jay Williams commented that he empathizes with the residents' concerns; interconnectivity
is designed to alleviate congestion along our roadways but at the same time potentially
increasing traffic in a neighborhood. Mr. Williams stated that interconnectivity is an issue
that he often struggles with and it can be a catch-22.
Richard Collier confirmed with staff that the petitioner's request is to add only one use
(indoor theater) to the CD(B-2) portion and that the original approved uses as designated
on the original site plan remain in effect.
Sandra Spiers stated that she felt that the proposed services are needed in the southern
part of the county; the proposed development is located along a major thoroughfare and is
consistent with the CAMA plan; and that the developer has done all he can do to divert the
traffic from Pine Hollow Drive.
Sandra Spiers made a motion to recommend approval of the rezoning requests. Jar
Williams seconded the motion. The Planning Board voted 6-0 to recommend approval of
the rezoning.
Sandra Spiers made a motion to recommend approval of the special use permit with the
following conditions:
1. The addition of only one use (indoor theater) to the CD(B-2) portion and that the
original approved uses as designated on the original site plan remain in effect.
2. Improve the two roundabouts in the Belle Meade residential development to slow
traffic (e.g. raised reflective devices, rumble strips, etc).
3. Install 3-way stop at Split Rail and Pine Hollow Drive if acceptable to NCDOT and stripe
the bike lanes along Pine Hollow Drive (Richard Collier).
The petitioner accepted the conditions and will pay for the expenses
Melissa Gott asked if the Belle Meade Plantation Homeowners Association needed to agree to
these conditions and whether that statement needed to be included as a condition of the
motion.
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John Hayes stated that there was currently not a homeowners association. Mr. Hayes asked if
the Planning Staff was to condition a traffic diverter in their motion.
Richard Collier stated that he would like to have staff discuss a diverter but could not make it a
condition at this time.
Richard Collier seconded the motion. The Planning Board voted 6-0 to recommend approval of
the special use permit with conditions.
Item 2: Modification of Special Use Permit (S-531M, 11/08) - Request by New Hanover
County Schools to modify a special use permit for child daycare center at 4905 S. College
Road to increase the allowable number of children from 100 to 144. Current permit was
approved in July 2005 at this location for Hope Child Care Center.
Jane Daughtridge provided a brief history of the existing special use permit stating that it was
originally approved in July 2005 for the Hope Child Care and Development Center. Ms.
Daughtridge explained that the New Hanover County School System recently acquired the
property and is continuing to operate the facility as a preschool daycare but is requesting to
modify the special use permit to increase the enrollment beyond the currently approved 100
children. Ms. Daughtridge stated that the school system does not intend to construct or
operate a family life center as indicated on the original site plan and has removed it from the
proposed site plan.
Jane Daughtridge showed maps and photographs of the property and of the surrounding area.
Ms. Daughtridge provided information pertaining to land classification, access, levels of service,
and zoning. Ms. Daughtridge showed the proposed site plan.
Chris O'Keefe summarized the site's history and read the original conditions associated with the
existing special use permit.
Mr. O'Keefe recommended provided the following staff findings:
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. Public water and sewer serves the property.
B. The property accesses S. College Road, an identified arterial through a single
driveway.
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C. Level of Service on S. College Road is rated F meaning the traffic exceeds
capacity.
D. Traffic Impact Analysis is not required because peak hour traffic generation for
the added students is below the 100 peak hour trip threshold for TIA.
E. Fire Service is available from the Myrtle Grove Fire Department.
F. The property is not located in a flood hazard area.
G. The facility is an existing daycare.
H. Total area of the site is 4.04 acres.
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. The existing special use permit was issued in July 2005 for up to 100 children and
includes several conditions. The school system has acquired the property and
desires to continue a daycare use but wishes to increase allowed enrollment up
to 144 students. The family life center originally shown on the approved site plan
is no longer planned for the site.
C. Off-street parking requirements meet or exceed the requirements of Article VIII
of the New Hanover County Zoning Ordinance.
D. The play area must be enclosed by a fence with a minimum height of four feet.
The site plan shows a play area to the west of the building.
E. The day care is licensed by the State of North Carolina.
F. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be
permitted.
G. All other local, state and federal requirements must be met.
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. Child care facilities exist in other residential districts in New Hanover
County. The location has facilitated an operating daycare for several years. No
evidence has been submitted that this project will decrease property values of
residents who live nearby.
B. Surrounding property is zoned R-15
C. An existing stormwater pond is located on site. Overall imperious area would be
reduced by the elimination of the family life center from the permit.
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.
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A. The 2006 Land Use Plan Update identifies this area as Transition, which provides
for future intensive urban development where necessary services are provided.
B. Policies in the 2006 Land Use Plan do not specifically address daycare needs, but
Policy 4.1 encourages designation of sufficient land area and suitable locations
for the various land use types. Growth in our area has increased demand for
child care services.
Staff Comments: Other applicable pre-existing conditions should remain in effect:
1. The gate located at the rear of the daycare facility and adjacent to Foxwood Lane will
be utilized for emergency access purposes only.
2. Operating hours for the daycare facility will be 6 a.m. to 6 p.m.
3. Lighting around the daycare facility will not be intrusive to adjoining property.
Mr. O'Keefe stated that staff received one phone call regarding this proposal which inquired
about one of the original conditions of the permit which required that the rear gate be closed
at all times except during an emergency.
Carmen Gintoli, Director of Facility Planning, New Hanover County Schools stated that he is
requesting a modification to the existing special use permit to care for the maximum number
children (144) so that the daycare center may receive a five star rating. Mr. Gintoli stated that
there are no changes to the building or the site plan and that the original conditions of the
permit will remain in effect.
No one spoke in opposition
Sue Hayes made a motion to recommend approval of the special use permit with conditions
stated by staff. Jay Williams seconded the motion. The Planning Board voted 6-0 to
recommend approval of modification to the special use permit.
Item 3: Castle Hayne Neighborhood Plan - Review and recommendation of the final draft
plan for the Castle Hayne Community.
Chris O'Keefe provided a brief background of the Castle Hayne plan stating that the process
began over a year ago and recognized staff for their efforts.
Shawn Ralston gave a PowerPoint presentation of the Castle Hayne Plan. Ms. Ralston explained
the purpose of the plan and why the plan was created; provided the boundaries of the plan;
showed zoning and land classification maps of the study area; provided a timeline of the plan;
provided survey results; identified the various issues discussed by the Castle Hayne Task Force
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and subcommittees; and provided a summary of the issues and recommendations. Ms. Ralston
also summarized the plan's implementation strategies.
Melissa Gott thanked staff and the community for their hard work on the plan.
Sue Hayes questioned the appropriateness of the large amount of industrial zoning in the Castle
Hayne area and wondered if the County should consider rezoning some of the industrial zoning.
Chris O'Keefe stated that the community did not recommend rezoning the industrial areas. Mr.
O'Keefe added that acreage of industrially zoned land is diminishing and that future industrial
business depends on the availability of appropriately zoned areas.
Sue Hayes stated that she did not intend to suggest removing the industrial zoning but asked if
staff considered whether industrial zoning is appropriate in certain areas of Castle Hayne.
Staff stated that they did look at the zoning and that it is difficult to rezone industrial areas that
are currently being used for industrial purposes.
Sue Hayes asked staff if they considered the appropriateness of zoning of vacant lands.
Chris O'Keefe stated that, that issue was not suggested by staff or the task force. Mr. O'Keefe
reminded the Board of a recent effort to rezone a small parcel of 1-2 that was in the middle of
residentially zoned area of Castle Hayne. That effort was not supported by the County
Commissioners.
Jay Williams asked to what degree did Pender County participate in the plan's development and
would they be a partner to the plan's implementation. Mr. Williams added that across the river
there is a vast area of undeveloped woodlands and stated that the area is going to be a dense
population one day. Mr. Williams suggested that further overture should be made to let
Pender County participate in the planning process.
Shawn Ralston stated that staff informed Pender County of the Castle Hayne planning process
but that Pender County could not devote a lot of time to the Castle Hayne Plan because they
are in the midst of creating their own development ordinance currently. Ms. Ralston added
that ideally staff would like to work more closely with Pender County but currently the
environment is not right for it.
Chris O'Keefe stated that the Castle Hayne Plan anticipates residential density across the river
thus supporting the Plan's commercial corridor district.
Teresa James Castle Hayne resident thanked the Planning Department and the community for
their efforts to create the Castle Hayne Plan. Ms. James stated that the Plan is a positive
foundation and first steps to build the Castle Hayne community today and into the future. Ms.
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James stated that the plan provides valuable information and ideas such as the Heritage Tree
program and Farmers Market.
Steve Gause, Castle Hayne resident and Steering Committee member stated that Castle Hayne
is a very unique area, with a tremendous amount of history and culture that needs to be
protected and preserved. Mr. Gause thanked staff for their efforts in bringing the much need
attention to the Castle Hayne area.
Sue Hayes made a motion to recommend that the County Commissioners adopt the Castle
Hayne Plan as a guiding document for the decisions made in the Castle Hayne community.
Richard Collier seconded the motion. The Planning Board voted 6-0 to recommend adoption of
the Castle Hayne Plan.
Sam Burgess provided an update of the Technical Review Committee's (TRC) activity for the
month of October.
1. Ryan's Cove - The TRC voted 5-0 to approve the project for 23 multi-family townhomes
with the following conditions:
A. That the property owners located near the Intracoastal Waterway and depend
on the access in Ryan's Cove join the HOA or at the very least a road
maintenance agreement.
B. A completed and approved NCDOT Driveway Permit will be required prior to
final plat approval.
C. No gates or other obstructions will be allowed that may inhibit emergency
access delivery.
D. The road stub displayed on the south side of the project be constructed prior to
final plat approval.
E. Environmental Health septic tank improvement permits will be required prior to
final plat approval.
F. Low Impact Development techniques for the project will be utilized.
2. The Atrium @ Middle Sound Right of Way Dedication -The TRC voted 5-0 to approve
the right of way dedication plan proposal with the following conditions:
A. That the new road carry the Middle Sound Road name and be labeled "public."
B. An approved NCDOT Driveway Permit will be required prior to final plat approval.
C. 30' utility easements shown on a previous map be displayed.
Mr. Burgess stated that the Technical Review Committee will meet next on November 12, 2008.
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Richard Collier made a motion to adjourn the meeting. Sandra Spiers seconded the motion.
The meeting adjourned at 8:30 p.m.
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