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2015-09 September 3 2015 PBMPage 1 of 13 Minutes of the New Hanover County Planning Board September 3, 2015 The New Hanover County Planning Board met Thursday, September 3, 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: Donna Girardot, Chairman Chris O’Keefe, Planning/Inspections Director Tamara Murphy Ben Andrea, Current Planning & Zoning Supervisor Ernest Olds Brad Schuler, Current Planner Thomas “Jordy” Rawl Kemp Burpeau, Deputy County Attorney David Weaver Absent: Anthony Prinz, Vice Chair Edward “Ted” Shipley, III Chairman Donna Girardot opened the meeting and welcomed the audience to the public hearing. Sam Burgess led the reciting of the Pledge of Allegiance. Chair Donna Girardot reviewed the procedures for the meeting. Approval of August 2015 Planning Board Minutes Tamara Murphy made a motion to approve the August 6, 2015 Planning Board meeting minutes. Ernest Olds seconded the motion. The Planning Board voted 5-0 to approve the August 6, 2015 Planning Board meeting minutes. Item 1: Rezoning Request (Z-944, 9/15) – Request by Cindee Wolf of Design Solutions on behalf of the property owners, TF Holdings Ltd. Partnership, LLC, Rachel Trask Gonsalves Heirs, and New Beginning Christian Church, Inc. to rezone 73.08 acres located at the 3000 block of Blue Clay Road from R-20, Residential District, to R-10, Residential District. The property is classified as Aquifer Resource Protection 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 73.08 acres of land from R-20 to R-10. This application is a straight rezoning or general use rezoning, meaning it is strictly proposing to change the zoning of land from one district to another. There are no proposed uses or Page 2 of 13 conceptual site plans attached to the application, and conditions above and beyond the requirements of the zoning ordinance cannot be added to the district. Should this application be approved, the property would be allowed to be developed in accordance with the R-10 district. The R-20 and R-10 districts are both residential districts, with the biggest difference between the two being that R-10 allows for smaller lots and more density. Specifically, with a conventional subdivision, the minimum lot size in the R-20 district is 20,000 square feet, whereas in the R-10 district, the minimum lot size is 10,000 square feet. Additionally, with our performance residential standards, under which a majority of our major subdivisions are reviewed, there is no minimum lot size requirement, but there is a maximum density requirement. In R-20, a performance subdivision is allowed a maximum density of 1.9 units per acre; in R-10, they are allowed a maximum density of 3.3 units per acre. A zoning map of the area shows the property to be rezoned and the zoning in the vicinity, which consists of mostly residential and industrial districts. The residential districts, include the R-10, R-15, and R-20 districts, and can be found to the west and north of the property. Adjoining the property to the north is a large tract of R-10 zoning, approximately 260 acres in area, which contains the Ivy Woods and Runnymeade subdivisions. The industrial districts, including I-2 and AI, are located to the east and south of the property, and contain the North Kerr Industrial Park and Wilmington International Airport. The subject properties consist of four parcels of land. All of the parcels are currently undeveloped with a portion being actively used for agricultural purposes. The property fronts both Holland Drive and Blue Clay Road. In 2014, the Wilmington Metropolitan Planning Organization conducted a traffic count on Blue Clay Road, between Kerr Avenue and Old Mill Road. The count determined that portion of the road operates at an “A” Level of Service, meaning that traffic occurs at free flow. As this is a rezoning application, staff has reviewed it for compliance with the 2006 CAMA Land Use Plan. The plan classifies the property as Aquifer Resource Protection, which is a subclass of the Resource Protection classification. The purpose of the Resource Protection classification is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Land Use Plan further defines the Aquifer Resource Protection subclass to be located in the Northwest portion of the county, where the secondary recharge of the Castle Hayne and Pee Dee Aquifers occur. The purpose of this subclass is to protect those aquifers from diminished recharge and from contamination by inappropriate land uses. The LUP states areas within the Aquifer Resource Protection subclass be developed with larger lots if septic systems are used, in order to prevent cross contamination of wells, or to have water and sewer services extended to limit septic system use all together. Further, uses of land that pose a risk of spilling hazardous Page 3 of 13 materials should also be prevented. Staff does feel the goals of the Aquifer Resource Protection area would be achieved with this application. In order to achieve the density allowed in the R-10 zoning district, water and sewer would need to be extended to and throughout the development, as the area needed to accommodate a septic system and repair area would require a much larger lot. Therefore, staff recommends approval of the rezoning application, as they feel it is consistent with the policies of the Land Use Plan, specifically Policy 3.28, in that it should preserve the Castle Hayne and Pee Dee aquifers in their present unpolluted state as the primary groundwater resource for the County because development of the properties will require the extension of water and sewer to serve the area. Mr. Schuler concluded the presentation and offered to answer questions from the board. David Weaver asked if the property would be eligible for high density development. Mr. Schuler explained that currently only areas within the Transition and Urban land use classifications are eligible to apply for a special use permit for high density development. Chairman Donna Girardot opened the public hearing and recognized the applicant. Cindee Wolf of Design Solutions stated she is the authorized agent for the three property owners that are party to the rezoning application. The properties include the vacant land behind and beside the New Beginning Christian Church, two large tracts owned by the Rachel Trask Gonsalves heirs, and the smaller tract owned by TF Holdings. Ms. Wolf stated the 2006 CAMA Land Use Plan classified this area as Aquifer Resource Protection Area primarily because there was no water and sewer. As shown on the zoning map, there is a mixture of different types of uses around it, including R-10, R-15, and R-20, as well as Industrial zoning across the railroad tracks. Ms. Wolf offered for consideration the draft of the land use plan, which is imminent probably next year, which identifies this area as more appropriate for a little higher density of residential development because public water and sewer has been extended to the area is now available for services. Ms. Wolf explained that R-10 is not a high density for development. As pointed out by Mr. Schuler, the difference is 1.9 units per acre (R-20) and 3.3 units per acre (R-10); therefore, if all three owners/developers decided to develop their property after this rezoning, the number of available lots would increase from 138 lots to 241 lots. In follow-up to Mr. Weaver’s question, Ms. Wolf confirmed this property whether zoned R-10 or R-20 would not be eligible for high density development because it is in the Aquifer Resource Protection land classification. She noted there had been much miscommunication about the proposal and offered to address any concerns or questions the neighboring property owners may have. Ms. Wolf stated these are three separate landowners who are party to the same rezoning simply because they are the only properties left between the industrial zoning and the current developed Page 4 of 13 properties in this area. She noted Blue Clay Road certainly has enough capacity for a slightly larger, more dense residential development. In conclusion, Ms. Wolf stated the applicants feel the proposal is in the best interest of the County because infill where public services are available is sensible for our future. Ms. Wolf offered to answer any questions the planning board might have regarding the rezoning request and noted if there were any particular questions regarding the church or Gonsalves properties, the parties were present. Chairman Girardot asked if board members had any questions for the applicant. Earnest Olds inquired about the location of sewer and water close to the properties. Cindee Wolf stated all of the R-10 zoned properties north of the proposal have sewer and water, which also comes slightly down Alex Trask Drive above the church. There is also sewer all the way down Blue Clay Road that goes off to the east just below the Industrial zoning district and across the railroad tracks. The applicants would connect directly into that sewer line and circulate throughout any residential development. Water could be brought from the north and looped where the church is currently stubbed. Chairman Girardot opened the opposition portion of the public hearing. Noting eighteen people had signed up to speak, she explained the time constraints. Jennifer Dorton of 115 Long Leaf Drive stated like most people in opposition she would prefer to see the properties remain R-20 or possibly R-15; however, she was also concerned about how it looks. She requested that Commissioner Barfield recuse himself from voting on the rezoning at next month’s commissioners meeting simply because he is a prominent member of New Beginning Church, is a real estate agent, and is on the county commission. She felt it would be a conflict of interest for him to be part of the decision. Chairman Girardot explained the planning board could not entertain Mr. Barfield’s relationship to the request or the fact that he is a real estate agent as that information is not relevant to the planning board. Gayle Cartrette of 64 Holland Drive stated they also own the residence at 66 Holland Drive. They purchased their property forty years ago and it was zoned R-20 by the Trask family because Mr. Trask wanted to have a nice development called Wrightsboro Acres. They have had to argue many times to keep their neighborhood nice. She impressed upon the board that they bought the property they wanted where they wanted and don’t mind advancement and growth, but not at someone else’s expense. They would like to maintain the integrity of Holland Drive as it is fully developed and is pretty busy, but not as busy as it could be if this rezoning is approved. Ms. Cartrette noted Ms. Wolf had stated that Blue Clay Road had been tested for accessibility for this project and has free flowing traffic. She asked Ms. Wolf to explain why a camera had been placed in front of one of her properties to assess Holland Drive and to explain the necessity of opening onto Holland Drive if Blue Clay Road can handle this development. Page 5 of 13 Chairman Girardot explained Ms. Wolf would address those questions during her rebuttal. Jim Newkirk of 206 Laurel Drive stated he had resided there forty plus years and his points of concern are that the neighborhood doesn’t need the additional pedestrian traffic or to create a thoroughfare through Long Leaf and Laurel Drives, which will happen. He noted Cape Fear Optimist ball park is in the neighborhood and he felt the proposal would create a mad rush from that community to the ball park. He explained that residents are already experiencing theft, people going through their yards, opening and taking things from their cars, including coins, and literally climbing fences to steal tomatoes from yards. Mr. Newkirk reiterated that they don’t need the increased traffic and like their neighborhood the way it is. He asked the board not to make their neighborhood a focal point of development. Frances Clausing of 44 Holland Drive stated she had been a resident there for fifty years. She noted while the traffic study has been done on Blue Clay Road, Holland Drive has more road frontage for the rezoning project than Blue Clay Road and has been a long time R-20 residential community. She commented she had seen stagnated water near New Beginning Church when walking her dog on New Holland Drive. She noted the environmental information in the planning board package shows the area contains Class 2 and Class 3 soils and read aloud the description of the moderate and severe limitations of those soil types. Ms. Clausing stated she would like for those 73 acres to remain as R-20 as they have been for quite a while. Dennis A. Todd of 46 & 48 Holland Drive stated he would also like the properties to remain R- 20, noting that economic development in New Hanover County as elsewhere in the country has stagnated. He stated that rezoning to R-10 will reduce the square footage of homes and the size of yards, which means the property value on Holland Drive will take a hit. He said that they are restricted to building outbuildings on their property thirty feet off the property line. Now, they are being asked to justify allowing a 10,000 square foot piece of property to have a house on it, which will definitely impair the value of all the property currently there. He noted the property has been R-20 for many years when owned by Raiford Trask, Sr., who was a great man and community person. Mr. Todd commented he didn’t have a problem with development, isn’t an environmental whacko, and doesn’t have an issue with new houses being built there, but felt those houses should be in keeping with what is currently there. Mr. Todd reiterated that reducing the lot size and square footage of the housing will only decline the value of the properties currently there; therefore, he would like for the property to remain as R-20. Patty Marley of 14 and 16 Holland Drive stated her family has lived there for forty plus years and she is opposed to the rezoning from R-20 to R-10. She reported problems with stormwater run-off due to heavy rains, hurricanes, etc., noting cars can’t pass through Runnymeade at times. She commented that a ditch adjacent to her property floods over onto her property and she also has a problem with the Tinga property flooding over into her property. Ms. Marley asked the board to consider the stormwater runoff issue in their decision. Billy Cartrette of 64 Holland Drive stated he also owns 66 Holland Drive and has no problem with people wanting to use their land and build on it, but he doesn’t want those people to destroy his family’s property in the process. He asked the board to leave the property zoned R-20. Page 6 of 13 J.T. Marley of 14 & 16 Holland Drive asked Ms. Wolf to explain when New Beginning Christian Church got county water and sewer in their area. He explained his reason for asking that question was that he has been waiting twenty years for water and sewer service for eleven properties that he owns. Mr. Marley stated he is totally opposed to any change in the zoning of that property from R-20 to anything else. Linda Mueller of 3301 Galloway Drive stated this is the second time Trask has pulled the wool over their eyes. Thirteen years ago, residents attended a meeting to oppose a request by the Trasks to reduce the zoning to something related to homes and manufacturing. She felt it was underhanded, noting the signs on Blue Clay Road were covered with duct tape for almost two weeks so residents couldn’t read what the rezoning was all about. Ms. Mueller asked the board to keep the property zoned R-20. Jay Styron of 115 Long Leaf Drive stated they had mentioned the installation of water and sewer to address the aquifer issue, but impervious surface was never mentioned. He explained that putting in higher density in that area would greatly diminish the recharge of the aquifer. He also pointed out there are definite stormwater issues in the neighborhood, noting during any decent storm water backs up into the road. Mr. Styron said adding more people and more development can only make the stormwater issues worse. Rhonda Bentley of 36 Holland Drive stated she has lived there 8 or 9 years and moved there because it was R-20 zoning with bigger lots. She expressed concern that allowing much smaller lots on one side of Holland Drive will definitely affect their neighborhood, not just the properties next to it. Ms. Bentley also expressed concerns about how the development of those parcels would affect the Aquifer Resource Protection Area as the neighborhood is still on well and septic. She stated the neighborhood is friendly and everyone likes to walk their dogs, ride bikes, etc. and the amount of traffic on Sundays from the church keeps people from doing those things. Ms. Bentley felt adding additional traffic from those parcels would make that worse and she didn’t think the Blue Clay Road access would be used very much if there is an access onto Holland Drive. The amount of traffic going through to Long Leaf and Laurel Drives has already resulted in potholes and nothing is being done about it. Ms. Bentley reiterated they moved to this neighborhood because it is R-20 and that’s the way they want it to stay. Nannie Doyle of 50 Holland Drive stated she has lived there almost fifty years. She stated one of her main concerns is the plans New Beginning Christian Church has according to their website, which indicates they plan to offer low income housing. Ms. Doyle stated she has asked Mr. Schuler via telephone how a church could have the money to develop a huge project like this and his answer was government funding. Ms. Doyle was very concerned they could end up with a government housing project in their front yard. She asked the planning board to vote against the rezoning. Matt Doyle of 50 Holland Drive stated he is the son of Nannie Doyle and explained the neighborhood is a close-knit community that has shared meals and played ball, attended church, gone to school and cub scouts together, etc. He doesn’t feel they can maintain that with that many new homes in the area and felt it would certainly changes the dynamics, integrity, and history of the community. He stated his neighbor, Gwen Todd, would often say “backdoor Page 7 of 13 neighbors are best”, which describes their neighborhood. With that many new homes, residents will become strangers. Mr. Doyle also expressed concern about the large number of stories told regarding the rezoning from Mr. Schuler and the church. He was particularly concerned that the major rezoning from R-20- to R-10 of these large pieces of property will likely be approved with no plans and no idea what is planned for the property. He noted that R-10 could mean a lot of things beyond just heavy density housing. He stated the residents want to know what is happening, but also want to at least at minimum maintain the R-20 zoning on the Holland Drive front. He lives at the intersection of Trask and Holland Drives and now people do not obey the stop sign there so it is very dangerous. The property has not been maintained so there are bushes that are overgrown that also block that intersection. More traffic will only make that situation worse. Mr. Doyle said they didn’t receive much notification as the letters came about a week ago. No signs were posted on Trask Drive, where the bulk of the traffic is going through the neighborhood, and the signs placed on Holland Drive and Blue Clay Road were greatly hidden because of the extreme overgrowth that the property owners and the County has allowed to happen. He also noted during the time period when residents should be seeing these signs, the County has been doing a cleaning project in that area on Blue Clay Road blocking access. Mr. Doyle stated they would like to have some sort of guarantee that they are going to have good neighbors, and so he doesn’t agree with the rezoning request. Chairman Girardot opened the rebuttal portion of the hearing. Cindee Wolf stated in regard to aquifer resource protection, in the current R-20 scenario, 138 homes can be built on the site with wells and septic systems, which she believes will have a much greater impact on the aquifer resource itself than the comparison of a few more lots where the extra density mandates the extension of public water and sewer. From an environmental standpoint, this is a reasonable request because it has the potential to protect rather than adversely affect the aquifer. Ms. Wolf commented that residential trends these days are for smaller lots, but there has certainly been no evidence as indicated by the tax reevaluations lately that smaller lots being built on all over New Hanover County now have had any adverse effect on the larger lots. The demographics of people isn’t changing the size of the houses; it’s just changing the size of the lots because people don’t want to take care of the yard so it isn’t necessarily comparing apples and oranges when talking about R-10 and R-20 homes. Ms. Wolf stated stormwater management is a requirement for all new development and current problems with drainage in the vicinity because there are vacant lands with clogged ditches that haven’t necessarily been maintained because they are vacant are often improved in the vicinity because one of the requirements is that not only the runoff of all the surfaces that may be developed has to be detained and then released in a slower method, but there must also be improvements all around with any ditches and offsite or over site drainage that comes through it. Ms. Wolf explained that the New Hanover County Subdivision Ordinance requires new streets to stub to through roads and connect to any roads that were stubbed to the land. She has no control over that requirement. Any type of development has certain limitation on how many driveways will be on larger public roads or collector roads like Holland Drive. She noted as a planner, the Page 8 of 13 intention for this type of development would never be to line lots along Holland Drive. They would have more specific street accesses and the lots would be internal because they want that sense of community too. They value that neighbor and community as much as any other established neighborhood. Hopefully, the two communities can merge and live well together. Ms. Wolf noted that all of the streets in new R-10 subdivisions are required to have sidewalks on one side, which will really increase the safety and welfare of the public and provide for residents of older communities to come next door to communities where they can walk their dogs more safely than on the older, rural streets that were developed as part of their communities. Ms. Wolf stated any other petition for high density or other uses on these three parcels would be required to come back before the board for approval as a special use permit or conditional district. She noted this R-10 rezoning request is just for a higher density of residential development. In regard to water and sewer, Ms. Wolf stated water and sewer is available through Runnymeade and the other development in the R-10 section. There are two stubs at the frontage of the church, so at this point there are no extensions of public water and sewer into those other neighborhoods. She noted there are other neighborhoods in New Hanover County where the county is assisting CFPUA with extension of public utilities. If that is something the neighborhoods want, she believed the CFPUA would look into it if there was enough desire. Ms. Wolf noted in regard to the cameras, there is a traffic impact analysis underway for the area, which requires that traffic counts be taken on many of the adjacent streets. Chairman Girardot opened the opposition rebuttal period. Frances Clausing stated she had a hard time understanding how they could punish the residents of Holland Drive by withholding water and sewer, but if the property is developed as high density, they can have the water and sewer. She also felt more people on Holland Drive wouldn’t make the area friendlier, but would result in more traffic and more dogs everywhere. Ms. Clausing was also concerned about the church’s intention to build 72 duplex and quadplex units for the elderly, which would be low income housing, and an additional 88 multi-housing units, and leaving up to 84 for the Trasks to construct single-family housing. Gayle Cartrette stated they shouldn’t try to threaten to punish them with putting in 138 wells and septic tanks because New Hanover County is moving rapidly in this area to put in the sewer and water. It’s at Heritage Park Drive now, on Castle Hayne Road, and on Runnymeade, Ivy Wood, and Blue Clay Road so it will be available soon and is a moot point as far as a justification to change the property to R-10. She felt the issue was the blood, sweat, and tears of the residents on Holland Drive and the many days spent working at that plant to make house payments. She explained that the residents have a lot riding on this issue and noted the heirs that inherited that property have a right to do something with it, but they don’t have a right to do it at the expense of her first amendment rights. Page 9 of 13 Melaney Flowers of 42 Holland Drive addressed the issue of Wrightsboro Elementary School is in that neighborhood and the kids walking to and from school along Long Leaf and Laurel Drives. She added that the increase in traffic would have a huge impact on those children. She also asked how and when they would be informed about a special use permit if one was requested, noting she had just found out about this public hearing. She didn’t feel she had received enough notice. Chairman Girardot explained that the signs for public hearings are posted on the subject property. Ms. Flowers stated she hadn’t received a notice letter and hadn’t seen the signs. Charlsey Alford English stated her parents have lived at 119 Laurel Drive for 51 years. She expressed their desire to keep the rezoning the same at R-20 and noted the school traffic at 2:30PM on weekdays is backed up to Holland Drive from Long Leaf Drive. She also inquired who would bear the brunt of the cost for the water and sewer cost to that new development because she lives in Heritage Park and has been told she will be required to pay $6,500 for water and sewer even though she is hoping they have come up with a plan to help. She stated she could not afford that cost. Dottie Blackwell of 97 Holland Drive stated she had moved from Ivy Wood, which was her first home. Runnymeade was impacted with water everywhere. She moved out of Ivy Wood and then the church built at the end of Ivy Wood, resulting in traffic everywhere and residents not being able to get out of the cul-de-sac on Sundays. Then, the Rock church was gone and the traffic was okay. She then moved into a quiet neighborhood on Holland Drive, but she noted you can’t get in the area during the school day. Ms. Blackwell stated there is no way with the church wanting to build low income housing and elderly care and childcare centers in this area that there won’t be an impact on traffic through the neighborhood. She commented that the public hearing sign wasn’t visible on Holland Drive because it is covered by bushes and the notice letter didn’t clearly say when the meeting was going to be held so they didn’t want the neighbors to be there. Ms. Blackwell asked the board to leave the zoning at R-20 and put the entrance on Blue Clay Road to keep traffic off Castle Hayne Road, which is already bad. Chairman Girardot closed the public hearing and opened the planning board discussion period. Jordy Rawl asked staff if any of the neighborhoods in the R-20 district adjacent to the subject properties are performance residential subdivisions. Mr. Schuler stated Ivy Woods and Runnymeade were developed in many different phases. Holland Drive was not developed under the performance standards. The surrounding developments were done under the conventional subdivision standards. In response to Mr. Rawl’s inquiry about properties serviced by public water and sewer, Mr. Schuler pointed out those properties served by public water and sewer and noted those areas are part Aquifer Resource Protection Area and part Transition areas. Page 10 of 13 Mr. Rawl commented that it would be nice to move the other properties on Holland Drive in the Aquifer Resource Protection Area onto public water and sewer from well and septic. Mr. Schuler stated the CFPUA had stated the proposed rezoning will not have a significant impact on the CFPUA’s assets or ability to provide water supply to the community. David Weaver commented in regard to the Aquifer Resource Protection Area, it was formed for the idea of having lower density residential development because this is a sensitive aquifer recharge area both for volume and the clean quality of the aquifer. Lower density development like R-20 means less runoff and less pollutants generated by human activity due to fewer people would be living there. With regard to R-20, he felt there would be more runoff of the R-10 that would be allowable than what would be kept onsite for an R-20 development because there is less impervious surface for R-20 than for R-10, which would give more chance for rainwater to seep in and recharge the aquifer again. Mr. Weaver noted he would conclude that R-20 would be more beneficial for the aquifer recharge area than R-10. Mr. Weaver also stated he hadn’t seen a large-scale residential development in the county if water and sewer is readily available so he didn’t feel that would be an issue. Mr. Weaver stated he felt the neighborhood’s sense of community should be taken into account, but noted he is not against R-10 development. Patio homes, etc. can be developed that provide a great sense of community. He noted rezoning the property to R-10 doesn’t guarantee that will happen. A conditional district rezoning would guarantee what will happen via a site plan reflecting buffer areas and pods of R-10 single family homes, community areas, etc. as opposed to a rubber stamp of 10,000 square foot lots there. Mr. Weaver stated it was difficult for him to accept the proposal as R-10 by-right instead of as a conditional R-10 development that would remove some of the uncertainty for the area residents. Tamara Murphy stated there had been a lot of concern about senior living facilities, duplexes and high density development, etc. which would only be allowed by a special use permit and would require the property to come back to the board for approval. Ms. Murphy stated for that reason, she is comfortable with the proposal from a permitted use standpoint. Ernie Olds stated anytime open land is developed, it will change significantly and result in more traffic and more people. Any development that happens today will be restricted by a tremendous list of requirements to provide traffic control, aesthetic control, stormwater, water and sewer, etc. He felt many of the neighbors’ concerns would be addressed as the development moves forward. Mr. Olds stated concern about going from R-20 to R-10 rather than going to R-15. Mr. Olds inquired why R-15 wasn’t considered given that other areas in the neighborhood are already zoned R-15. Mr. Schuler clarified that some areas are zoned R-15, but most areas are zoned R-20. Chairman Girardot stated the property is not eligible for high density development and the board doesn’t know this would be low income housing because there is not a proposed site plan. Although this is Aquifer Resource Protection Area, as pointed out by staff and Mr. Weaver the Page 11 of 13 strategy was to encourage larger lots when septic is employed and public sewer is not available. However, public utilities have been extended to this area so that is no longer a consideration. Blue Clay Road is classified as a Level of Service of A, which is virtually unheard of in New Hanover County so that removes the issue of increased traffic. The Ivy Woods and Runnymeade subdivisions are zoned R-10 so it would be in harmony with its neighbors. Chairman Girardot noted she was also aware of the scarcity of starter homes in New Hanover County, which are needed by first time homebuyers such as teachers, firefighters, etc. With the price of land in the county, these are the types of lots that would provide that affordability and low maintenance to meet this demand, not necessarily low income housing. There is a vast difference in the two. She stated when the site plan becomes available, it will go through the TRC process, which includes representatives from the Planning Board, County Fire Services, Engineering, Planning, Stormwater, and other experts in their field who will make sure the development is done properly. She stated many concerns will be addressed including the sidewalks and stormwater issues cited by Ms. Marley and Mr. Styron brought up valid issues about stormwater. That stormwater must be contained within the site when developed and will be beneficial to the adjacent sites. Unfortunately, theft is an issue that must be addressed by Sheriff McMahon. Chairman Girardot concluded her remarks, stating for those reasons, she felt the rezoning was a valid request. Chairman Girardot entertained a motion from the board. Tamara Murphy made a motion to recommend approval, as the Planning Board finds that this request for a zoning map amendment of 73.08 acres from R-20, Residential District, to R-10, Residential District, as described is: 1. Consistent with the purposes and intent of the “Aquifer Resource Protection” land use classification in the 2006 CAMA Land Use Plan because the application is requesting a residential zoning district that typically utilizes a centralized sewer system, and therefore, it should not diminish the recharge of surrounding aquifers. 2. Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities. Jordy Rawl seconded the motion. During discussion, David Weaver stated he didn’t think septic tanks would be an issue, but there would be an impact to the aquifer as a result of going to a higher density zoning from a lower density zoning. He noted there will be more runoff and because of the increased human activity within the subdivision, there will be more potential for pollutant generation by households. For example, people changing their oil, dumping cleaning fluid, etc. which will be magnified in a R- 10 district versus a R-20 district. He stated the county is very dependent upon its groundwater resources. The county has invested millions of dollars in a nano-filtration plant that uses groundwater and yet the county really doesn’t have an aquifer resource protection ordinance at this point in time. We have to try to protect it through things like this type of discussion. Mr. Weaver noted Ms. Murphy’s comments about the extreme higher density uses available through a special use permit could be accomplished by approval of a conditional district with a site plan that would allow R-10 density with much better controls. Page 12 of 13 Mr. Rawl stated the current residents are contributing as a pollutant now and this development could potentially provide a connection to sanitary sewer for these homeowners as well. When the utility service is in the area, it is much more affordable for the residents to connect. Mr. Weaver felt the developer would provide public water and sewer regardless of the density. Mr. Rawl commented he felt part of the reason the developer is here is to make this a feasible project. If this is needed to ascertain development there and it is not granted, it may be another twenty years before water and sewer is available in the region. The Planning Board voted 4-1 to recommend approval of Rezoning Request Z-944. (Ayes: Donna Girardot, Tamara Murphy, Ernest Olds, and Jordy Rawl; David Weaver voted against the rezoning request). Technical Review Committee Report (August) Sam Burgess presented the following TRC Report: The County’s Technical Review Committee (TRC) met once during the month of August and reviewed one performance residential site plan. Watermark Landing Watermark Landing is located in the southern portion of our jurisdiction near the 8400 block of River Road and is classified as Conservation on the County’s adopted 2006 Land Use Plan. The project is on the west side of River Road across from The Cape subdivision, which was one of the county’s first performance residential projects dating back to 1982-83. Other smaller projects located nearby include Eastback Landing to the south and the old LORAN station property, as well as the existing River Oaks Development to the north, which has been in existence since the early 1980’s. Site Plan Data  Zoning: R-15 Residential (limited to 2.5 units per acre)  Water & Sewer Private (Aqua of North Carolina)  Road Network: Private  Lots: 50  Acreage: 21.79  Conservation Resources: Brackish Marsh (75’ setback from resource line) In a vote of 5-0, the TRC preliminarily approved Watermark Landing for a total of 50 single family residential lots with nine conditions, which are listed in the planning board meeting package. The abundance of conditions placed on the project are related to the challenges the property has being adjacent to the Cape Fear River. In addition, a waiver was granted by the TRC on the private road and inter-connectivity standards due to the topographical conditions inherent with the property. Page 13 of 13 The next TRC meeting is scheduled for September 9, 2015. Five items are slated on the agenda. Chairman Girardot asked if a CAMA permit would also be required in addition to the special use permit for the community marina listed under condition #5. Mr. Burgess confirmed Watermark Landing would need to obtain a CAMA permit for the community marina. In response to Chairman Girardot’s inquiry regarding the number of slips anticipated, Mr. Burgess reported the number of slips had not yet been revealed to staff and no special use permit application had been submitted. Other Business Chairman Girardot announced the County Commissioners/Planning Board joint work session on the New Hanover County Comprehensive Plan will be held on October 19, 2015 immediately following the County Commissioners meeting. Chairman Girardot expressed appreciation to David Weaver for his years of service as the Technical Review Committee Chairman. Chairman Girardot announced that Jordy Rawl had agreed to serve as the Technical Review Committee Chairman during the 2015-16 term. Jordy Rawl stated he welcomed the opportunity to serve the County in the capacity of Technical Review Committee Chairman and would be honored to serve. With no further business, Chairman Girardot entertained a motion to adjourn. Tamara Murphy made a motion to adjourn the meeting. David Weaver seconded the motion. The Planning Board voted 5-0 to adjourn the meeting at 7:15 p.m.