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200812 Dec PBMMinutes of the New Hanover County Planning Board December 4, 2008 The New Hanover County Planning Board met Thursday, December 4, 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 Sue Hayes Andy Heath Jay Williams Planning Board Absent: Sandra Spiers Ken Wrangell Richard Collier Staff Present: Chris O'Keefe, Planning Director Sam Burgess, Principal Development Planner 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. Sue Hayes made a motion to approve the November minutes; Andy Heath seconded the motion. The Planning Board voted 4-0 to approve the minutes. Chris O'Keefe asked if the motion included Richard Collier's changes Sue Hayes made a motion to table approval of the November minutes until the January meeting so that Planning Board members could read Mr. Collier's edits to the minutes. Andy Heath seconded the motion. The Planning Board voted 4-0 to table approval of the November minutes until the January meeting. Item 1: Special Use Permit (S-585, 12/08) - Request by Cheryl Aguilar for a special use permit to allow a child daycare center for up to 8 children in an R-15 zoning district at 305 Godfrey Court. Jane Daughtridge showed 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 site plan and explained that the applicant was granted a variance from the Zoning Board of Adjustment for one of the five conditions for a child day care center (New Hanover County Zoning Ordinance section 72-20(2)), which required that entrance and exit to the property be performed without backing onto the street right-of-way. Ms. Daughtridge stated that the applicant met all other conditions of section 72-20 of the zoning ordinance for a child day care center. Chris O'Keefe suggested that the findings are positive but added that staff recommended the condition that school-age children will be "after-school" participants who will be picked up at school by the daycare provider. Mr. O'Keefe provided the following 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. Public water and sewer serves the property. B. The property is located in a residential cul-de-sac and accesses River Road or Cathay Road via Lipscomb Rd, a residential local street. C. Level of Service on River Road is rated C/D in this vicinity, meaning the traffic flows relatively freely. 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 in home daycare for 5 children. 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. A variance was issued by the Board of Adjustment on 10/28/08, relieving the off- street parking and circulation requirements of the ordinance for this location. The lot dimensions in this cul-de-sac lot will not accommodate the requirements. C. The play area is enclosed by a fence with a minimum height of four feet. D. The day care will be licensed by the State of North Carolina. E. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted. F. 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. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. Surrounding property is zoned R-15 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 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 At the Board of Adjustment meeting, the applicant testified that the additional 3 children will be school-age children and that she would be picking up those children at school and taking them back to the daycare in her home, thus reducing the number of traffic trips expected in the neighborhood. Based on that testimony, Staff recommends the following additional condition: 1. School-age children will be "after-school" participants who will be picked up at school by the daycare provider. Cheryl Aguilar, petitioner and owner/operator of Precious Little Angels stated that she currently cares for five preschool children and is requesting to care for three additional school-age children. Ms. Aguilar stated that she there were parents of the children that she provides care for, present to speak in support of her petition. Floyd Pearce, a parent whose has been in Ms. Aguilar's care for more than three years stated that she provides excellent curriculum and that children benefit from her service. Ms. Aguilar stated in her rebuttal that she has full support from her neighbors as indicated by the petition and that there are no issues with traffic given that she will be personally picking up the three additional children from school and driving them to her home for after school care. Ms. Aguilar stated that she has 11 years of experience and hopes that the Planning Board will recommend approval of her petition. No one spoke in opposition to the item. Sue Hayes made a motion to recommend approval of the item with staff's condition. Jay Williams asked staff to elaborate on the definition of school-aged children. Jane Daughtridge explained that daycare is defined by the zoning ordinance as care of more than five children 13 years of age or less. Ms. Daughtridge stated that Ms. Aguilar currently cares for five children and would like to care for eight; providing care for more than five children triggers the special use permit. Jay Williams seconded the motion. Melissa Gott asked Ms. Aguilar whether she required some flexibility in the special use permit to allow for parents to drop off children at her facility in certain instances. Ms. Aguilar stated that she would request exceptions in the event a parent needed to drop off a child at her facility after a doctor's appointment but that overall she would be the primary transportation for the children. Andy Heath asked Ms. Aguilar if she had identified the three children she proposed to care for. Ms. Aguilar stated that she has a waiting list for her day care and that she has provided care for the three children previously. Ms. Aguilar also stated that there is a great need in New Hanover County for after school child care because parents work when children are released from school. Melissa Gott suggested that the condition which states that only Ms. Aguilar may bring the children back to her home be removed. Sue Hayes asked staff if they were ok with removing the condition. Jane Daughtridge stated that staff did not object to removing the condition but explained that the special use permit would be issued to the property and not the person, even though the neighbors support this applicant, future owners could also run a daycare. The condition reflected Ms. Aguilar's testimony before the Zoning Board of Adjustment which was that she would pick-up the children from school; thus promoting the idea that traffic concerns would be mitigated. This was part of the rationale for issuing the variance relating to flow of traffic. Sue Hayes asked if the Zoning Board of Adjustment required that she pick up the children from school and transport them to her facility. Ms. Daughtridge stated that the Zoning Board of Adjustment did not require that she pick up the children. Andy Heath suggested that the language be modified to say, "School-age children will be "after- school" participants who will be picked up primarily by the daycare provider. Ms. Hayes and Mr. Williams accepted the modified language. The Planning Board voted 4-0 to recommend approval of the special use permit with the condition that, school-age children will be "after-school" participants who will be picked up primarily by the daycare provider. Item 2: Rezoning (Z-892, 12/08) - Request by Withers & Ravenel for Bellwood Avenue, LLC and others to rezone approximately 85 acres (11 parcels) at Bellwood Avenue and 1-140 from R-20 Residential to B-2 Highway Business District in the Aquifer Resource Protection land classification. The change would allow for a broad array of commercial uses. Jane Daughtridge showed photographs of the property and of the surrounding area. Ms. Daughtridge provided information pertaining to land classification, flood plain, soil classification, access, levels of service, and zoning. Ms. Daughtridge pointed out that the property would be subject to additional requirements stemming from a special highway overlay district (SHOD) if rezoned to commercial. Ms. Daughtridge added that the applicant acknowledged that water and sewer would need to be extended to the property if commercial uses are desired. Ms. Daughtridge provided the following staff summary: STAFF SUMMARY The subject property is located in the northern portion of the county in an area classified as Aquifer Resource Protection on the 2006 CAMA Land Classification map. The property is accessed from Bellwood Avenue, a local road connecting to Castle Hayne Road near the off- ramp of 1-140. Traffic counts in the area show about 5% decrease in annual average daily traffic between 2003 and 2007. Castle Hayne Road has a 2007 LOS of E, meaning the road is operating at its design capacity. Current zoning of the property is R-20 low density residential. The northern boundary of the request follows a rail right of way belonging to General Electric Company. Beyond the rail right of way is an NC State Agricultural facility. To the east, the proposal abuts an existing 1-1 Light Industrial District, currently undeveloped. There are four residential uses in place along Bellwood Avenue. The rest of the acreage is wooded, vacant land or cleared farmland. General Electric is located to the west across Castle Hayne Road and the 1-140 creates the southern boundary. The SHOD Special Highway Overlay District applies to this property. The subject property is located in Prince George Creek watershed drainage area which is classified C; Sw. The property is not within the 100 year flood zone. Soils are primarily Class 11 or III with limitations for septic systems. The applicant envisions that public water and sewer will be extended to serve this site. Chris O'Keefe recommended approval of the rezoning contingent upon no opposition from property owners included within the area to be rezoned and that the proposal is well-placed and consistent with a variety of plans and policies for growth in the county. Mr. O'Keefe provided the following land use considerations: Land Use Plan Considerations: This proposal includes eleven (11) parcels north of 1-140 at Castle Hayne Road. All but one of the parties involved have signed letters authorizing the request for this rezoning. The other property owner has said that he would be represented here tonight. The B-2 commercial district is described as one that provides for the proper grouping and development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volume traffic. The district's principal means of ingress and egress shall be along collector roads, minor arterials, and/or major arterials as designated on the County's Thoroughfare Classification Plan. Policy 4.3 of the Land Use Plan directly addresses commercial uses. Implementation strategies for Policy 4.3 encourage the location of regional commercial nodes at major intersections and following the recommendations of the Wilmington Bypass Steering Committee. The 2006 Update of the Joint CAMA Plan describes the purpose of the Resource Protection classification as providing for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. In particular, the Aquifer Resource Protection is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from is diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The focus of strategies to protect this Resource Protection subclass is encouraging larger lot development if septic systems are used to prevent cross contamination of wells, extension of water and sewer service to curtail septic system use, prevention of uses that pose risk of spill of hazardous materials, and encouraging development practices that promote sustained recharge. Public water and sewer facilities are not currently available at this location but will certainly be required for any substantial commercial development in this area. The subject property is just beyond the signalized intersection at the highway interchange; however, a traffic impact analysis (TIA) will be required for any development that generates more than 100 peak hour trips. Anticipating the expansion of the General Electric operation and new residential development approved in this vicinity, a wide range of goods and services and higher intensity business uses near a highway interchange could be viewed as a benefit to the public. In 2003, the Wilmington Bypass steering committee recommended that this area would remain classified as Resource Protection and that the interchange would be a prime site for expanded industrial and manufacturing centers or a business park. The recently completed Castle Hayne Neighborhood Plan focused attention on the traditional Castle Hayne commercial area did not address zoning issues outside the corridor. For these reasons, staff feels the proposal is well-placed and consistent with a variety of plans and policies for growth in the county. Staff recommends approval if the additional property owner does not raise objections. Jay Williams asked if the property to the south of the proposed property was recently rezoned. Jane Daughtridge stated that a request last year to have property to the south rezoned from R- 15 to B-2 was turned down by the County Commissioners. Cindee Wolf, landscape architect with Withers & Ravenel representing Bellwood Avenue, LLC stated that her clients are requesting the rezoning because the property is located next to a major interchange which is a suitable location for a commercial node and because of the expansion of the General Electric campus. Ms. Wolf explained that current R-20 zoning prohibits the extension of water and sewer to the area but that B-2 zoning could provide an impetus for water and sewer, perhaps through development agreements. Larry Carty whose property is included in the B-2 rezoning petition spoke in support of the petition. Garry Silivanch with Prudential Commercial Real Estate spoke in support of the rezoning stating that he is responsible for assembling the parcels of land for the proposed rezoning. Mr. Silivanch explained that this rezoning would provide General Electric services such as restaurants, hotels and daycare services that they currently need and will need in the future given their proposed expansion. Cindee Wolf stated that any existing homes located within the proposed rezoning area such as Mr. Carty's residence would be permitted to remain in the event the property is rezoned to B-2; the homes would be protected and considered non-conforming. No one spoke in opposition to the item. Jay Williams stated that he thought the location was appropriate for the B-2 zoning but expressed concern about traffic and asked what types of measures could be taken by NCDOT to alleviate traffic issues given that a traffic signal could not be located at the intersection of Castle Hayne Road and Bellwood Avenue because of its proximity to the interchange. Mr. Williams also inquired if there was an interchange at Blue Clay Road. Cindee Wolf stated that she believed that the NCDOT has a plan for traffic given that they designed the placement of the 1-140 bypass. Ms. Wolf stated that she believed a right in-right out with and u-turn at the next signalized intersection would be a logical scenario. Ms. Wolf also explained that there is discussion of interconnectivity with Bellwood Ave continuing toward Hermitage Drive. Chris O'Keefe stated the 2003 Bypass Plan proposed a future service road connecting Castle Hayne Road with Blue Clay Road. Mr. O'Keefe stated that an interchange at Blue Clay Road was considered but not constructed due to budgetary constraints. Gary Silivanch provided an additional traffic routing scenario that is being considered. Jay Williams made a motion to recommend approval. Sue Hayes seconded the motion. The Planning Board voted 4-0 to recommend approval of the rezoning. Sam Burgess provided an update of the Technical Review Committee's (TRC) activity for the month of November. 1. Still Meadow Village: 3 (High Density) - The TRC voted 4-1 to approve the project for 218 multi-family project with the following conditions: a. No gates or obstructions will be allowed. A fire hydrant plan will need to be submitted, reviewed and approved by County Fire Services. b. The collector road known as Still Meadow Drive leading from South College Road to the project will be designed and platted as a dedicated right-of-way. c. TIA requirements embraced by NCDOT and WMPO for off-site road improvements on South College Road will be required. d. A Special Use Permit will be required since the project is proposed as High Density. e. Low Impact Development Techniques are recommended for the project. f. Sewer capacity will not be available until Spring 2009 for the project according to the CFPUA. g. Several parking lot areas will need to be named. h. Gate Post Lane will need to be properly aligned per NCDOT comments. 2. Riverchase - The TRC voted 5-0 to extend the preliminary validity period for one year based on present market conditions. All terms and conditions to the original preliminary approval of the 44 single family lot subdivision will remain the same. 3. Parson' s Mill - The TRC voted 5-0 to approve the developer's request to extend the preliminary validity period for one year due to market conditions. All original terms and conditions of the 354 lot subdivision will apply. 4. Charleston Lakes - The TRC voted 5-0 to accept the developer's request to extend the preliminary site plan for one year. This was based on present market conditions. All original terms and conditions of the 138 single family lot subdivision will apply. 5. Carolina Inlet View - The TRC is continuing discussion on the Private Road Certificate. In their discussion, the TRC is wrestling with design issues and bonding of the road prior to construction. This project proposes 8 lots.) Mr. Burgess stated that the Technical Review Committee will meet next on December 10, 2008. Jane Daughtridge stated that the election of officers will occur at the January 8, 2008 Planning Board meeting. Chris O'Keefe stated that he would like to take photos of the Planning Board to post on the County's website. Sue Hayes made a motion to adjourn the meeting. Andy Heath seconded the motion. The meeting adjourned at 6:35 pm.