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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.