2015-08 August 6 2015 PBM
Page 1 of 6
Minutes of the
New Hanover County Planning Board
August 6, 2015
The New Hanover County Planning Board met Thursday, August 6, 2015 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:
Edward “Ted” Shipley, III, Chairman Chris O’Keefe, Planning/Inspections Director
Donna Girardot, Vice Chair Ben Andrea, Current Planning & Zoning Supervisor
Tamara Murphy Brad Schuler, Current Planner
Ernest Olds Kemp Burpeau, Deputy County Attorney
Anthony Prinz
David Weaver
Absent:
Jordy Rawl
Chairman Ted Shipley opened the meeting and welcomed the audience to the public hearing.
Ben Andrea led the reciting of the Pledge of Allegiance.
Chair Ted Shipley reviewed the procedures for the meeting.
Approval of June and July 2015 Planning Board Minutes
Anthony Prinz made a motion to approve the June 4, 2015 and July 9, 2015 Planning Board
meeting minutes. Ted Shipley seconded the motion. The Planning Board voted 5-0 to approve
the June 4, 2015 and July 9, 2015 Planning Board meeting minutes.
Item 1: Rezoning Request (Z-943, 8/15) – Request by Candice O. Alexander on behalf of
the property owners, Proclaim Holdings, LLC, William Spencer Hackney II, and Tara
Sanders Hackney, to rezone 3.28 acres located at 813 & 817 Piner Road from (CUD) O & I,
Conditional Use Office and Institutional District, to O & I, Office and Institutional District.
The property is classified as Transition according to the 2006 CAMA Land Use Plan.
Current Planner Brad Schuler provided information pertaining to location, land classification,
access, level of service and zoning; and showed maps, aerials, video, and photographs of the
property and the surrounding area. Mr. Schuler presented the following staff report:
This is an application to rezone 3.28 acres of land from a Conditional Use Office and
Institution district to a general Office and Institution district, basically removing the
“Conditional Use” aspect of the district. A Conditional Use District is a zoning district
that requires every use within it to obtain a Special Use Permit. Therefore, if this
application is approved, it will allow for many uses to be permitted by-right on the
Page 2 of 6
property in accordance with the standards of the zoning ordinance. Further, since this
application is seeking to establish a general use district, there are no proposed uses or
conceptual site plans attached to the application, and conditions above and beyond the
requirements of the zoning ordinance cannot be added to the district.
As shown on the zoning map, one-half mile west of the property is the intersection of
College Road and Carolina Beach Road, which is a large commercial area known as
Monkey Junction. Also to the west of the property are existing Office and Institutional
districts. In addition, there are some existing institutional uses very close to the
property, specifically Myrtle Grove Middle School, which adjoins the property to the
east, and Myrtle Grove Presbyterian Church, which is located across Piner Road to the
southwest. Outside of these areas are predominately residential uses containing a
number of subdivisions to the north and east.
The property proposed to be rezoned consists of two parcels of land with access to Piner
Road. In 2013, a traffic count was conducted at the 600 block of Piner Road, near the
Home Depot, which found that the road is currently operating at an “F” Level of
Service, which means that the road is operating over capacity.
The property was zoned to its present classification of Conditional Use O&I in 1997
and a Special Use permit was granted for a real estate office. That Conditional Use
District and Special Use Permit were later modified in 1998 and 2002 to allow for
general and professional offices, and for an indoor/outdoor recreation facility. The
current site plan attached to the district and Special Use Permit illustrates the office and
recreation uses (the recreation use is a golf training center). There are two buildings
presently on the property, with the southernmost building currently being occupied by
an office use.
Because this is a rezoning application, staff has reviewed it for compliance with the
2006 CAMA Land Use Plan. The plan classifies the property as Transition, which
purpose is to provide for future intensive urban development on lands that have been or
will be provided with necessary urban services.
Staff recommends approval of the application, finding that it complies with the
Transition land use classification, and is consistent with Policy 4.3 of the Land Use Plan
in that it should not diminish the quality of life in nearby residential areas. The property
is close to existing office and institutional zoning and uses; and therefore, the
application will be consistent with the development patterns of the area.
Mr. Schuler concluded the presentation and offered to answer questions from the board.
Vice Chair Donna Girardot asked if the property was on septic or served by the Cape Fear Public
Utility Authority. Mr. Schuler stated the property is currently on septic.
Chairman Shipley opened the public hearing and recognized the applicant.
Page 3 of 6
Candice Alexander stated she represented the property owners, the Hackney’s and Proclaim
Interactive, and noted the property has been zoned Conditional Use O&I since 1997. At this
time, there is no plan to make any drastic changes to what is there currently. Changing from
conditional use O&I to straight O&I zoning makes it easier on the property owner if they want to
sell the property at some point. She noted a large portion of the back of the property is
undeveloped. There will be no changes in traffic to the area. The property owners intend to
continue operating their office on the property. Ms. Alexander offered to answer any questions
the planning board might have regarding the rezoning request.
No one from the public spoke in opposition to the proposed rezoning.
Chairman Shipley entertained a motion to close the public hearing.
Tamara Murphy made a motion to close the public hearing. Anthony Prinz seconded the motion.
The Planning Board voted 6-0 to close the public hearing.
Chairman Shipley opened the planning board discussion period.
Tamara Murphy stated based upon the Table of Permitted Uses and the uses that can be
constructed in an O&I district, she didn’t feel the application would be in conflict with any of
those uses; therefore, she was in support of the application for rezoning.
David Weaver moved to recommend approval as the Planning Board finds that this request for a
zoning map amendment of 3.28 acres from (CUD) O&I to O&I as described is:
1. Consistent with the purposes and intent of the “Transition” land use classification in the
2006 CAMA Land Use Plan because the application includes land located near an
existing regional commercial node with direct access to a minor arterial which is suited
for urban development.
2. Reasonable and in the public interest because it maximizes the effectiveness of
commercial uses by locating them close to the markets they serve without diminishing
the quality of life in nearby residential areas.
Vice Chair Girardot seconded the motion.
Tamara Murphy made a motion to call the question on the motion. Chairman Shipley seconded
the motion. The Planning Board voted 6-0 to call the question and proceed to a vote on the
motion.
The Planning Board voted 6-0 to recommend approval of Rezoning Request Z-943, as the
Planning Board finds that the request for a zoning map amendment of 3.28 acres from (CUD)
O&I, Conditional Use Office and Institutional District, to O&I, Office and Institutional District
as described is:
1. Consistent with the purposes and intent of the “Transition” land use classification in the
2006 CAMA Land Use Plan because the application includes land located near an
existing regional commercial node with direct access to a minor arterial which is suited
for urban development.
Page 4 of 6
2. Reasonable and in the public interest because it maximizes the effectiveness of
commercial uses by locating them close to the markets they serve without diminishing
the quality of life in nearby residential areas.
Technical Review Committee Report (July)
Brad Schuler presented the following TRC Report:
The County’s Technical Review Committee (TRC) met once during the month of July
and reviewed one performance residential site plan.
Waterstone Subdivision
149 lot performance residential subdivision.
Originally approved in 2005 for 185 lots; however, that plan has since
expired.
Also, a portion of the original tract was sold to the NHC Board of Education
in 2014 for the purposes of constructing a new elementary school.
The property is zoned R-20 which allows for a maximum density of 1.9 units
per acre.
The development will have access to Edgewater Club road at two locations,
one being through the school property which will dedicate that access as a
public right-of-way. The development will also provide interconnectivity to
the surrounding lands and subdivisions.
The streets within the development will be dedicated as public and petitioned
for state maintenance.
The development will be serviced by public water and sewer provided by
CFPUA.
The preliminary plat shows some areas regulated by the COD, including some
marshland and natural ponds, although a field verification of those areas is
still needed.
As the property is zoned R-20 sidewalks are not required; however, the
development will install a paved trail system, which will connect into the
adjoining school’s sidewalk system, allowing the residents of this
development a safe access to the school.
At their July 29th meeting, the TRC voted 5-0 to approve the Waterstone
subdivision for 149 lots with 5 conditions, which are detailed in the Planning
Board package.
Other Business
Vice Girardot inquired if the signs providing notices of rezoning, etc. posted on applicant
properties could be posted in more visible locations on those properties so that area residents are
Page 5 of 6
made aware of the public hearings. She commented she had heard from several people that they
were unaware that property in their neighborhood was being rezoned until after the rezoning was
approved. Vice Chair Girardot said she had also noticed during her site visits that signs were
sometimes posted in locations that were not very visible, for example, under a porch or adjacent
to a sign for a business. She would like to see the notification signs posted in the middle of the
properties for better visibility.
Planning & Inspections Director Mr. O’Keefe explained that the responsibility of posting the
signs falls on the department staff members who try to find locations where the signs will be
visible. He explained the signs are fairly small and are one color so they don’t stand out very
well. Staff has considered purchasing signs that are more visible because someone could drive by
the signs without seeing them. He noted it is sometimes difficult to find a good location to post
the pole-mounted signs, which must be put up with a sledgehammer. Staff has considered asking
petitioners to post the signs per sign specifications provided by staff, which may prove to be a
better option because they are more familiar with the property. He thanked Ms. Girardot for
inquiring about that issue and stated staff would seek a solution.
Mr. O’Keefe expressed appreciation to Mr. Shipley and Mrs. Girardot for their service as Chair
and Vice Chair during the previous year.
Election of Officers
Mr. O’Keefe entertained nominations for Chairman.
Ted Shipley nominated Donna Girardot for Chairman. David Weaver seconded the nomination.
No other nominations were received. Mr. O’Keefe closed the nominations. The Planning Board
voted 6-0 to elect Donna Girardot as Chairman of the Planning Board.
Ted Shipley nominated Anthony Prinz for Vice Chair. Ernest Olds seconded the nomination.
Tamara Murphy nominated Tamara Murphy for Vice Chair. David Weaver seconded the
nomination.
The Planning Board voted 5-1 to elect Anthony Prinz as Vice Chair of the Planning Board.
Mr. O’Keefe congratulated the newly elected Chair and Vice Chair, who will assume their roles
in September. He stated the Planning Board Chairman also serves as the Technical Review
Committee Chairman; however, the Chair may designate another board member to serve in that
capacity.
Chair Elect Girardot asked about the plans for the upcoming Planning Board workshop.
Chris O’Keefe announced the August Planning Board workshop had been cancelled because
staff would like for the County Commissioners to vote on Chapter Three of the Comprehensive
Plan before a workshop is held on Chapter 4. He noted there is a potential for the County
Commissioners to delay the vote on Chapter 3.
Page 6 of 6
Anthony Prinz offered a comment in regard to the email explaining how staff had synthesized all
of the perspectives on Chapter 3. He was concerned at the July planning board meeting because
it seemed there would be three different alternatives for Chapter 3 sent to the County
Commissioners for their consideration. He expressed appreciation for the approach ultimately
used, which was synthesizing the three alternatives together into a staff recommendation for the
Commissioners to consider. Mr. Prinz also thanked staff for allowing the planning board the
opportunity to influence the end product because he thought everyone had good content to add.
Mr. O’Keefe thanked Mr. Prinz for his comments.
With no further business, Chairman Shipley entertained a motion to adjourn.
Ernest Olds made a motion to adjourn the meeting. Donna Girardot seconded the motion. The
Planning Board voted 6-0 to adjourn the meeting at 6:27 p.m.