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MARCH 5 2020 PB MINUTES1 | Page Minutes of the New Hanover County Planning Board March 5, 2020 A regular meeting of the New Hanover County Planning Board was held on March 5, 2020 at 6:00 p.m. in the New Hanover County Historic Courthouse, 24 North Third Street, Room 301 in Wilmington, North Carolina. Members Present Staff Present Paul Boney, Vice Chair Wayne Clark, Planning & Land Use Director Jeffrey B. Petroff Ken Vafier, Planning Manager Colin J. Tarrant Brad Schuler, Senior Planner Ernest Olds Rebekah Roth, Senior Planner Thomas ‘Jordy’ Rawl Gideon Smith, Current Planner H. Allen Pope Ron Meredith, Current Planner Sharon Huffman, Deputy County Attorney Absent Donna Girardot, Chair Vice Chair Paul Boney called the meeting to order at 6:02 p.m. Planning Manager Ken Vafier led the Pledge of Allegiance. Vice Chair Boney read the procedures for the meeting and welcomed the audience. Approval of Minutes Minutes from the January and February 2020 Planning Board meetings were presented to the members. No changes or amendments were identified. Board Member Ernest Olds made a MOTION, SECONDED by Board Member H. Allen Pope to APPROVE the minutes as drafted. Motion to approve minutes carried 6-0. NEW BUSINESS 1. Rezoning Request (Z20-03) – Request by Design Solutions on behalf of the property owner, HD, LLC, to rezone approximately 74.83 acres of land located near the 5800 block of Carolina Beach Road, north of the existing Tarin Woods subdivision, from R-15, Residential District, to (CZD) R-5, Moderate-High Residential District, in order to develop 499 dwelling units (97 single-family dwellings and 402 townhomes). Planning Manager Ken Vafier provided information pertaining to location, land classification, access, trip generation and zoning. He showed maps, aerials and photographs of the property and surrounding area along with an overview referred to in the staff report. Vice Chair Boney opened the public hearing and recognized the applicant. Land Planner Cindee Wolf of Design Solutions, representative for the applicant, stated that in November 2019, a previous proposal had been submitted for a straight rezoning from R-15 to R-5 which allowed up to 559 units but since then had been withdrawn. She stated that the applicant now was requesting approval of a conditional district consisting of a maximum of 499 dwellings, with a density of 6.6 units per acre and an additional point of egress directly to Carolina Beach Road. She explained that the area proposed to be rezoned was an extension of the existing Tarin Woods II subdivision, that currently had approval for 188 single-family lots, 66 of which are located in the area proposed to be rezoned. Ms. Wolf presented exhibits and drawings of the proposed Manassas Drive improvements and the egress connection to Carolina Beach Road. James Yopp of HD, LLC, developer of Tarin Woods and Tarin Woods II, stated that this wasn’t their only project but that this had been a long process in figuring how to combine the properties. He stated that he wanted to make everyone aware of the scope of the land improvements that they had completed which they felt better fit the community and diversified their product type. Vice Chair Boney opened the hearing to speakers in opposition. 2 | Page Wesley Nixon, resident of Carolina Beach Road, stated that his major concern was that there needed to be a buffer between Rosa Parks Lane and the proposed development. He stated that he had sent the Board a letter of his concern and asked the board for their opinion. In response to Mr. Nixon, Mr. Boney thanked Mr. Nixon for his letter and stated that the applicant would hopefully address his concern in their rebuttal. Vivian Radescki, resident of Appomattox Drive, expressed concern about evacuations, and the left turn from Carolina Beach Road onto Manassas Road. She made a request to the developer to leave a few trees and if not possible, asked if they could replant a few. Robert Tregembo, resident of Carolina Beach Road and owner of Tregembo Animal Park, expressed concern for the exotic animals and stated that the proposed 20-foot buffer wouldn’t be sufficient. He also expressed concern about the noise from the tree removal equipment that would disturb the animals. He stated that the proposal surrounded the zoo on three sides and by clearing out all the trees, the animals would have no refuge. Charles Williams, resident of Shiloh Drive, expressed concern that the rezoning would generate more traffic onto Manassas Drive and that he didn’t think that the developer had made any improvements. Chass Hood, resident of Liberty Landing Way, expressed concern about the traffic in the area. She stated that the adjacent developments which had not yet started construction would further add to the traffic congestion. She stated concern about the trees being removed in regard to the safety and livability of the zoo animals. She concluded by asking the Board to take time to consider and assist the zoo animals so they wouldn’t be so disrupted and traumatized. Vice Chair Boney closed the floor to speakers in opposition and opened to applicant rebuttal Ms. Wolf stated that Rosa Parks Lane was a private drive and with their subdivision regulations and good planning principles, interconnectivity was promoted whenever possible. She stated that if the proposed R‑5 was successful, and attached housing was developed as indicated in the proposal, then there would be a required vegetated buffer between those lots at the end of Rosa Parks Lane. In regard to traffic concerns, Ms. Wolf stated that the study showed that the required improvements would help existing problems that were already there and mitigate additional traffic. She stated that the findings were from the experts, and conducted with scientific evidence behind it. In regard to Ms. Hood’s comments, Ms. Wolf stated that she felt that the public misunderstands the County’s performance subdivision regulations because they do not dictate housing style, but rather dictate density. Mr. Yopp stated that they would be stubbing to Rosa Parks Lane for possible future interconnectivity. He stated that in regard to tree mitigation, they would be required to go through a tree survey and currently had bonds in place with the county as they planted new trees and developed the land. Mr. Yopp stated that they had been in contact with NCDOT and committed to improving the ingress at Manassas Drive which was outside the scope of the Traffic Impact Analysis (TIA). Vice Chair Boney opened to opposition rebuttal. Robert Tuller, resident of Lt. Congelton Road, stated that he had signed up to speak in favor of the project but had some caution regarding traffic. James Simpson, resident of Tarin Woods I, stated that any traffic study that had been conducted on Carolina Beach Road more than 6-months prior, could not be accurate because everything in the area had grown rapidly. Susan Markentone, resident of Covington subdivision, stated that two traffic lanes coming out of Manassas were not a solution. 3 | Page Mr. Tuller, resident of Lt Congleton Road, expressed concern regarding traffic on Sanders Road and Carolina Beach Road and asked the Board to consider increasing the 20 ft. buffer to help protect the zoo animals Vice Chair Boney closed the public hearing and asked if there were any questions of the Board. In response to Board questions, Ms. Wolf stated that the stub at Rosa Parks Lane was an emergency turn-around and Mr. Yopp stated that they were still working toward creating interconnectivity in the northern part of the property which was why they had stubbed to Rosa Parks Lane for possible future connection. In response to Board questions, Mr. Yopp explained that the market was being driven by the 60+ year old demographic who prefer living in homes that have maintained yards. He stated that affordability of diverse product types was being driven by low mortgage interest rates and diverse demographics that preferred maintained communities. Board member Ernest Olds made a MOTION, SECONDED by Board member H. Allen Pope, to recommend to the Board of Commissioners to APPROVE with conditions, the proposed rezoning to a (CZD) R-5 District. They found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provided for a range of housing types, and it would transition densities from the portions of the property adjacent to Urban Mixed Use areas where moderate to high density multi - family and higher intensity commercial was desired to those abutting existing lower density residential neighborhoods. They also found APPROVAL of the rezoning request was reasonable and in the public interest because the overall density of the project was in line with recommendations for a General Residential area in close proximity to an Urban Mixed Use growth node. The Planning Board, with agreement of the applicant, included the following conditions: 1) The egress drive to Carolina Beach Road will be installed in an access easement through the adjacent B-2 zoned tract. 2) The maximum number of units within the new proposed conditional zoning district will be capped at 499. 3) A 50’ wide vegetated buffer shall be maintained on the 3 eastern sides of the Tregembo Zoo property. The existing vegetation shall remain within this buffer with the exception of clearing required for any essential site improvements, which include the driveway to Carolina Beach Road. Motion to approve with conditions carried 6-0. Vice Chair Paul Boney asked the applicant of Item 6: Special Use Permit Request (S20-01), if they wanted to address the board. Attorney Amy Schaeffer, representing the applicant from Lee Kaess, PLLC, on behalf of the property owner, Parkside WF Investors, LLC, requested permission for a continuance to investigate recent received emails from adjacent property owners and to allow time to address their concern. Board member H. Allen Pope made a MOTION, SECONDED by Board member Jeffrey B. Petroff to grant continuance to the applicant to move to the April 2, 2020 Planning Board meeting. The motion for continuance carried 6-0. Board Member Thomas ‘Jordy’ Rawl requested recusal from Item #2, due to a professional conflict. Board member Colin J. Tarrant made a MOTION, SECONDED by Board member Jeffrey B. Petroff to recuse Mr. Rawl. The motion to recuse Mr. Rawl carried 5-0. 2. Rezoning Request (Z20-04) – Request by Design Solutions on behalf of the property owner, Trinity Reformed Orthodox Church, to rezone approximately 3.00 acres of land located at 4725 South College Road from R-15, Residential District, to (CZD) R-5, Moderate-High Residential District, in order to develop 22 townhomes. 4 | Page Senior Planner Brad Schuler provided information pertaining to location, land classification, access, trip generation and zoning. He showed maps, aerials and photographs of the property and surrounding area along with an overview referred to in the staff report. Vice Chair Boney opened the public hearing and recognized the applicant. Land Planner Cindee Wolf of Design Solutions, representative for the applicant, provided historical background of the property, including that it had been owned by religious institutions since the 1970s with plans of building a church on the property. She stated that a church recently obtained certain permits to build on the site, and gave an overview of the proposed plan, stating it complied with the standards for the R-5 district. She stated that the proposed development would connect to public sewer and water and was not located within a floodplain. She provided information on how the development would handle stormwater and how proposed improvements included with the development would help with known flooding in the area. She concluded that the proposed rezoning was consistent with the comprehensive plan, because it contributed to a mixture of housing styles and was an orderly transition from College Road to the adjacent single‑family homes. Mike Keenan, resident of Wedgefield Drive, spoke in support of the project and stated that he thought the developer had done all he could in consideration of the neighbors. Attorney Jonathan Washburn, stated that he had represented the applicant, Trinity when they sold their land to Aldi Supermarket Company. He stated that since that acquisition the area had changed immensely since the church had purchased all the land and was in support of this project. Vice Chair Boney opened to speakers in opposition. Phil Triece, resident of Crosswinds Drive and Board member of the Crosswinds Home Owner Association (HOA), stated that the three adjacent subdivisions were opposed to the proposed rezoning because of the current flooding and drainage issues. He expressed concern regarding the size of the ditch pipe along South College Road and stated that the stormwater ponds were not adequate to discharge the stormwater into the drain during rainstorms. He stated that because NCDOT did not have the funding to enlarge the drain pipe, that the outflow from the 2.9 acres would increase flooding in the area. He stated that in keeping with the R-15 with 8-units, would produce far less runoff than the proposed 22-units. Michael Garrison, resident of Hidden Valley Road, stated that he was the closest property owner to the proposed project. He expressed concern regarding privacy, road noise, traffic and safety issues. He stated that he was most concerned with the severity of the flooding issues which had occurred over the past 25 -years and presented the Board with photos that documented some of the flooding which had occurred from rainstorm runoff. Steve McIntosh, resident of Wedgefield Drive, stated that he would be directly impacted by this development. He stated that he was a real estate appraiser and that there was not a shortage of this house type or affordable housing in the area. He also expressed concern regarding the current traffic issue and the buffer that backed up to his house. Vice Chair Boney closed to speakers in opposition and opened to applicant rebuttal. Ms. Wolf responded to opposition concern regarding impervious surface, runoff, retention pond size and rezoning for residential density. Developer Chase Elam of Carolus Building Company, LLC, stated that they put a lot of thought into what would have synergy with the surrounding area and how they could contain their stormwater runoff. He stated that they had proposed a 75-foot buffer, an extensive landscape plan and a berm. He stated that he had been in contact with NCDOT to address the undersized pipe on South College Road that did not meet c urrent regulation. He stated that if they could bottleneck all the water, and get it from there to the ditch and the pipe was upsized, he thought it could resolve the problem. He stated that the water on their site would go to their pond and would not have an adverse impact from their site to Hidden Valley Road. Vice Chair Boney opened to the oppositions rebuttal. 5 | Page Suzy McIntosh, resident of Wedgefield Drive, expressed concern about privacy and her property values declining as a result of the development. Mr. Triece stated that since there was R-15 zoning from Monkey Junction to South of 17th Street, the proposed R-5 district would be considered spot zoning. He stated that the developers proposed solution to the drainage problem was to improve the pipe, but added that it wouldn’t be resolved for two or three years from now and asked the Board to deny the proposed rezoning until its resolved. Russell Reynolds, resident of Hidden Valley Road asked if there was a traffic study or a traffic analysis conducted. Mr. McIntosh said he wanted to point out that the applicant still did not state any services or anything that would benefit their community. He also expressed concern with Mr. Elam’s proposal to build a berm by the retention pond. Vice Chair Boney closed the public hearing and opened to Board discussion. In response to Board questions, Project Manager Joe Boyd of WithersRavenel, stated they would improve drainage within the buffer area. He stated that they had looked at several different solutions with the drainage in both of those directions coming to College Road and the pipe was low enough to accommodate the increase flow from all inputs to the drainage system. In regard to the restriction farther downstream, Mr. Boyd stated that it was in NCDOT right -of-way and they couldn’t control when it would be replaced but that the County’s new Stormwater Services Program could help the process along. Board member H. Allen Pope moved to DENY the proposed rezoning to a conditional R-5 district. While he found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of residential densities from higher intensity to lower intensity areas and provides for the provision of a range of housing choice and diversity in the area, he found DENIAL of the rezoning request was reasonable and in the public interest because the proposal was not consistent with the desired character of the surrounding community and the density would adversely impact the adjacent neighborhoods. Board Member Jeffrey B. Petroff stated that he disagreed with the wording of the motion, and requested a modification. Mr. Pope modified the motion by stating the downstream flooding would adversely impact the adjacent neighborhoods. The motion was seconded by Board member Jeffrey B. Petroff. The motion to deny was 3-2. 3. Rezoning Request (Z20-05) – Request by Design Solutions on behalf of the property owner, Redland Development Incorporated, to rezone approximately 7.15 acres of land located at 8814 Market Street, north of Futch Creek Road, from R-15, Residential District, and B-1, Neighborhood Business District, to (CZD) RMF-M, Residential Multi-Family Moderate Density District, and (CZD) CB, Community Business District, in order to develop 96 multi-family dwelling units and a 4,000 square foot retail sales/office building. Current Planner Gideon Smith provided information pertaining to location, land classification, access, trip generation and zoning. He showed maps, aerials and photographs of the property and surrounding area along with an overview referred to in the staff report. In response to Board questions, Mr. Smith stated that under the current zoning, R -15 the maximum density would be 2.5 units per acre and under the proposed zoning, RMF-M, the maximum number of units was 17-units per acre, and the net density of the proposal is 14.77. Vice Chair Boney opened the public hearing and recognized the applicant. 6 | Page Land Planner Cindee Wolf of Design Solutions, representative of the applicant, presented photos, maps and gave an overview of the proposed project. She stated the plan consisted of a 4,000 sq. ft. commercial building and four buildings, each with 24-units with a variety of 1,2 and 3-bedroom floor plans. She stated that they intended to have a community amenity recreation area in the apartment home community and also presented preliminary calculations for the retention pond. She stated that the proposed conditional RMF-M and CB rezoning was consistent with the County’s Comprehensive Plan because the proposed CB portion of the project will provide for the types of retail and office uses recommended for Community Mixed Use areas. She stated that the densities proposed for the multi-family portion of the project are in line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development. In response to Board questions regarding a potential roadway connection along Futch Creek Road, Ms. Wolf stated that there was no easement for the two residences to the south to access their property, but by prescription, they had been using it as a driveway. She stated that their access was directly to Market Street and would not be to Futch Creek Road where other traffic concerns may be. In response to Board questions regarding the proposed driveway along Market Street and the distance between it and the signalized U-turn to the north, Engineer Charles Cazier, owner of Intracoastal Engineering, PLLC, stated that they had met with NCDOT to discuss the location of the driveway and they had no issues with the proposed design. The only thing NCDOT asked for was the extension of the right turn lane that currently connects to the paint store to the north. Vice Chair Boney opened the floor to speakers in opposition. Attorney Greg Bentley, resident of Tilbury Drive stated that the rezoning request was not in compliance with the standards for a Conditional Zoning District stated in the UDO and did not meet the standards for the underlying RMF -M zoning category. He stated that it would adversely impact the adjacent neighborhoods and increase the risk of flooding. He stated that there was no transition between them and the low-rise, low-density adjacent neighborhoods. He stated that it would cause a fundamental change in the character of the existing surrounding community and substantially lower the property values. Eddie Stuart, resident of Tilbury Drive, stated he was speaking on behalf of several property owners of the Sagewood Subdivision, located behind the proposed project. He stated they were interested in helping facilitate a compromise and not just in opposition of the project. He stated that their main concern was the height and the minimum buffer of 20-feet. He stated that the profile change would disrupt the overall aesthetic of the area. Ed Penniman, resident of Plantation Landing Drive, expressed concern about the existing traffic issues in the area. Mr. Bentley stated there were a few smaller issues regarding tree removal and stormwater fixes that they would like to work out with the owner. Vice Chair Boney opened the floor to applicant rebuttal. Ms. Wolf addressed the opposition’s concerns regarding traffic along the corridor, place type of community mixed-use, the buffer and adverse property values. Vice Chair Boney opened the floor to opposition rebuttal. Mr. Stuart stated that he wanted to reiterate they were not opposed to the project but wanted a little relief as it related to the building height. Vice Chair Boney closed the public hearing and asked for questions from the Board. The Board members expressed concern regarding the height of the proposed three-story apartment buildings and the increase in density was too intense for the neighboring single family residents. Mr. Tarrant stated that the neighbor’s 7 | Page concern regarding height should be taken into consideration. Mr. Olds stated that two-story apartment buildings would be a better transition in that area. Mr. Tarrant pointed out that that south of the project on Plantation Landing Drive was a recently approved R-7 townhome development that was a much more appropriate transition into the single family housing. Mr. Rawl stated that having approximately 100-units exiting one ingress and egress was a traffic concern. Mr. Rawl also stated that it was a very environmentally sensitive area in regard to stormwater and that the whole corridor seemed to retain a lot of water and needed more investigation. The overall consensus of the Board members was that they were not necessarily opposed to the project but suggested further investigation into traffic, stormwater management and a more appropriate way of developing the property to transition into the neighboring single family housing. Vice Chair Boney asked Ms. Wolf if she had any further comment or would like to confer with her client before the Board made a motion. The rezoning request (Z20-05), requested by Design Solutions on behalf of the property owner, Redland Development Incorporated was WITHDRAWN by Ms. Wolf. 4. Rezoning Request (Z20-06) – Request by Blue Ridge Atlantic Community Development on behalf of the property owner, BHC Properties, LLC, to rezone approximately 4.77 acres of land located at 205 and 217 Middle Sound Loop Road, from R-15, Residential District, to (CZD) RMF-M, Residential Multi-Family Moderate Density District, in order to develop 72 Senior Living multi-family dwelling units. Senior Planner Brad Schuler provided information pertaining to location, land classification, access, trip generation and zoning. He showed maps, aerials and photographs of the property and surrounding area along with an overview referred to in the staff report. Vice Chair Boney opened the public hearing and recognized the applicant. Attorney Joseph Taylor of Murchison, Taylor & Gibson, PLLC, representative of the applicant presented photos and a conceptual site plan for a 72-unit Senior Living multi-family dwelling near the Ogden Commercial Node. He stated that the three-story proposed building and driveway location have been positioned to save existing large trees along Middle Sound Loop Road. He stated that while at a higher density than generally recommended for General Residential areas, the proposed development, which is located in a transitional area between the General Residential and Urban Mixed Use places, was consistent with the Comprehensive Plan’s intent to transition between higher intensity uses and existing residential areas. He stated that the proposed development was a much needed alternative residential use for the community because it allowed seniors the opportunity to remain in the community and not be forced out because of price. He concluded by stating that he had never attended a community meeting that had been so well received by the proposed project coming into the area. Engineer Richard Collier of McKim & Creed, Inc., presented a proposed site plan for Canopy Pointe to the Board and gave an overview of the proposed development. He stated that the project would be restricted to residents 55-years and older, and exemplified the type of mixed-income apartment development that the county has encouraged. He stated that they would be creating a walkable community which will help mitigate traffic concerns. He stated that the development team found it critical to locate this housing type close to lifestyle, health and shopping amenities, because as the population ages, it would provide for a more sustainable, long-term community and population. Vice Chair Boney opened the floor to speakers in opposition. Betsy Albright, resident of Bloomington Lane, presented photos to the Board regarding flooding and drainage issues which occurred during Hurricane Dorian. She expressed concern regarding public safety, the height of the 3-story apartment building and stated that it would obstruct her view. She stated that the proposed apartment building would not be in line with the current single family residential housing. She concluded by stating this was not a high density zoned property, it was a residential zoned property and she would like to have it kept that way because it would be in keeping with the character of her neighborhood and property value high. Vice Chair Boney opened the floor to applicant rebuttal. 8 | Page Chris Eisenzimmer, of Blue Ridge Atlantic Development, stated that Blue Ridge Atlantic was a workforce and senior living developer based in Wilmington. He stated that collectively they had developed over 150 properties of this housing type around the country over the past 35-years, and still owned 95% of their developments. He spoke about, what was referred to as, “the after-thought effect” – the effect of seniors in the workforce could no longer afford to live in the communities they worked or already resided. He stated that the location provided an opportunity to create a walkable community, with Class-A amenities, and that would be developed and owned by a local firm. Mr. Collier responded to the concerns of Ms. Albright, regarding tree preservation, the buffer size and public safety. Vice Chair Boney closed the public hearing and opened to Board discussion. In response to Board questions, Mr. Schuler stated that staff deemed the proposed development was consistent with the Comprehensive Plan from a number of factors. He stated that it was in a transitional area and that the place types were not meant to be parcel specific like zoning districts. He stated that while the property was under the General Residential classification, it was abutting the Urban Mixed Use place type where the Comprehensive Plan encourages the highest densities in the County. He stated that the property was located near a commercial node containing a large shopping center and pointed out other nonresidential and high density developments in the immediate vicinity. He concluded by stating that the multi-family proposal was appropriate for the site. In response to Board questions regarding impervious surface and storm water accommodations, Mr. Collier stated that in order to have the level of flood control, it would require a retention pond and have infiltration under the parking areas. In response to height and proximity to existing single family residents, Mr. Collier stated they would consider moving the building more north to help relieve the impact of the adjoining neighbors. In response to Board recommendation, Mr. Collier agreed to work with staff and have a new conceptual plan prepared before going in front of the County Commissioners. Board member Ernest Olds made a MOTION, SECONDED by Board member H. Allen Pope, to recommend to the Board of Commissioners to APPROVE the proposed rezoning to a (CZD) RMF-M district. They found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition between higher intensity uses and existing residential areas, preserves natural area, a nd provides a range of housing types. They also found APPROVAL of the rezoning request was reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and would preserve existing large trees on the site. With the following conditions to be added to the district: 1. The residents will be restricted to 55 years of age and older. 2. In addition to the County’s tree retention standards, the property owner shall retain and preserve all trees as illustrated on the proposed conceptual site plan. 3. To work with staff, the homeowners and the applicant to modify the location of the building to increase the distance between the Northwest property line and the base of the building. 4. To provide a new conceptual plan prior to the April 2020 Board of Commissioners meeting. 5. To provide pedestrian accessibility from the building to access commercial businesses and public shopping center. The motion to approve carried 6-0. 5. Rezoning & Special Use Permit Request (Z20-07) – Request by Bowman Murray Hemingway Architects on behalf of the property owner, Cornelia Nixon Davis, Inc., to: a. Rezone approximately 67.38 acres of land located near the 1000 block of Porters Neck Road, from R-20, Residential District, and (CUD) O&I, Office and Institutional District, to (CUD) R-20, Conditional Use Residential District; and b. Obtain a special use permit to expand the existing campus and establish a Continuing Care Retirement Community within the area proposed to be rezoned. 9 | Page Board Member H. Allen Pope stated that in full disclosure he wanted to make it known that he lived directly across from the Davis Community and he had concern about flooding issues in the area. He stated that he had not made a decision as far as voting and asked the Board whether or not they felt he should recuse himself. Vice Chair Boney asked the Board members, Deputy County Attorney Sharon Huffman, and the applicant if they requested recusal of Mr. Pope. None requested recusal of Mr. Pope. Planning Manager Ken Vafier provided information pertaining to location, land classification, access, trip generation and zoning. He showed maps, aerials and photographs of the property and surrounding area along with an overview referred to in the staff report. Vice Chair Boney opened the public hearing and recognized the applicant. Bruce Bowman of Bowman, Murray, Hemingway Architects, PC, representative of the applicant presented a video that explored the history and gave an overview of the current Davis Community campus. Mr. Bowman then presented slides of the proposed conditional use and rezoning request which was to expand the main campus to an adjacent 17.91-acre parcel that consisted of a four-story, 150-unit independent living multi-family building, 32 independent living duplexes, a 25,000 sq.ft. amenity and wellness center, restaurant and indoor pool, and a memorial garden. He stated that the existing retention pond would be removed, and a new infiltration basin, designed to accommodate the 100-year storm event would be constructed. Mr. Bowman stated that they had been working with adjacent neighbors and had held two community meetings. With no speakers in favor or opposition, Vice Chair Boney closed the public meeting and opened to Board discussion regarding only the rezoning request. In response to Board questions regarding flooding and drainage, Mr. Bowman stated that they had conducted LIDAR scans of the property and found that there were outflow opportunities, but that their strategy was to take it all into the ground. He stated that spreading out the infiltration system would work better and that they would employ best management practices (BMPs). Mr. Bowman concluded by stating they had developed a robust strategy that would address Mr. Pope’s concern regarding the outflow of their retention pond through Plantation Village and minimized impact on Porter’s Neck Road. Board member Thomas ‘Jordy’ Rawl made a MOTION, SECONDED by Board member Ernest Olds, to recommend to the Board of Commissioners to APPROVE the proposed rezoning of the subject property to a Conditional Use R-20 district. They found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed overall density was in line with what was recommended for General Residential areas. They also found APPROVAL of the rezoning request was reasonable and in the public interest because the use was appropriate for the General Residential place type and the proposed expansion was a continuation of a long standing senior living community and its associated services. The motion to approve the rezoning carried 6-0. Deputy County Attorney Sharon Huffman gave an overview of quasi-judicial hearings, including the standards for the evidence which the Board could consider when making their recommendation, and witnesses were sworn in by Ms. Huffman. Planning Manager Ken Vafier stated that the second part of the application was a request for a special use permit to expand the existing campus and establish a Continuing Care Retirement Community within the area proposed to be rezoned. Mr. Vafier clarified that in the staff report, they had inadvertently labeled the duplex units as assisted living, when in fact, they were independent living. Vice Chair Boney stated it would be noted into the record and asked if there were any questions about the staff report and then recognized the applicant. Mr. Vafier presented the required conclusions for the record. 10 | Page Attorney Amy Schaeffer of Lee Kaess, PLLC, representing the applicant, asked Mr. Vafier to consent to the staff report being added as evidence in its entirety. Mr. Vafier made a clarification to one of the finding slides and wanted it noted for the record that the applicant had also detailed a set of findings within their narrative. Ms. Schaeffer asked that the application be put into evidence as well. Ms. Schaeffer formally introduced herself for the record and stated she was the attorney for the applicant for the special use permit. She stated that the applicant must present sufficient evidence in support of the application to allow the Board to find the facts as presented and as presented in their application. She stated that it would not materially endanger the public health or safety, because it provided an essential service to the community. She stated that there would be a decrease in traffic based on the zoning request and that they had full water, sewer and fire services. She stated the second finding was that the use met all the conditions of the zoning ordinance. Real Estate Appraiser Cal Morgan of JC Morgan Company stated that the third finding was that the use will not substantially injure the value of adjoining or abutting property and explained the research and steps taken to compile his data. He stated that based on his data, he found that the proposal would not substantially injure the value of adjoining or abutting properties. Ms. Schaeffer stated the fourth finding was that it would be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. She concluded by stating that the Davis Community created the area back in 1960’s and the area had grown in part by the Davis Community. With no speakers in opposition, Vice Chair Boney closed the public hearing and opened to Board discussion. Engineer Phil Tripp of Tripp Engineering, PC, answered Board questions regarding flooding. He stated that they had studied this area extensively and approximately a mile in radius. Board member Thomas ‘Jordy’ Rawl made a MOTION, SECONDED by Board member Jeffrey Petroff to recommend to the Board of Commissioners to APPROVE, as the Board found that this application for a Special Use Permit met the four required conclusions based on the findings of fact included in the Staff Summary and applicant’s narrative. The motion to approve the Special Use Permit carried 6-0. OTHER BUSINESS Items from Staff: Development Code Update (Unified Development Ordinance Project) Senior Long Range Planner Rebekah Roth provided an updated on Phase 3 of the UDO Project, the targeted code amendments. She provided information on the general topics that were anticipated, including standards for infill development. Ms. Roth outlined the public engagement plan, including multiple presentations to the Planning Board and updates posted to the project website. Members of the public were encouraged to provide comments and to sign up for the project email list. With no other business, Vice Chair Paul Boney adjourned the meeting at 12:04 a.m. Please note: that the above minutes are not a verbatim record of the New Hanover County Planning Board Meeting. .