Minutes of the New Hanover County Planning Board November 3, 2011

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1 Minutes of the New Hanover County Planning Board November 3, 2011 The New Hanover County Planning Board met Thursday, November 3, 2011 at 5:30 p.m. in the Assembly Room of the Historic County Courthouse, Wilmington, NC to hold a public meeting. Planning Board Present: Melissa Gott, Chairman Andy Heath, Vice Chairman Richard Collier Dan Hilla Tamara Murphy Anthony Prinz Staff Present: Chris O Keefe, Planning & Inspections Director Jane Daughtridge, Current Planning & Zoning Manager Sam Burgess, Subdivision Review Planner Nicole Dreibelbis, Current Planner Sharon Huffman, Assistant County Attorney Absent: Troy Barboza Chairman Melissa Gott opened the meeting by welcoming the audience to the public hearing. Sam Burgess led the reciting of the Pledge of Allegiance. Chairman Gott reviewed the procedures for the meeting. Approval of the September and October Planning Board Meeting Minutes Anthony Prinz made a motion to approve the September and October Planning Board meeting minutes as drafted. Richard Collier seconded the motion. The Planning Board voted 6-0 to approve the September and October Planning Board meeting minutes. Item 1: Rezoning Request (Z-915, 11/11)- Request by Clyde Holley on behalf of Northside Baptist Church to rezone approximately acres at 2501 North College Road from R-15 medium-density residential to B-2 Highway Business District. The parcel is identified as Transition on the 2006 CAMA Land Classification Map. Nicole Dreibelbis provided information pertaining to location, land classification, access, level of service and zoning. Ms. Dreibelbis also showed maps, aerials, and photographs of the property and of the surrounding area. The majority of the parcel is identified as Transition, with portions containing Conservation area along the northeast border in line with the existing flood lines according to the 2006 CAMA Land Classification Map. The property is accessed primarily by North College Road, an urban principal arterial roadway and is surrounded by R-15 medium-density residential zoning immediately north, west and south along the rear border of the property. A portion of B-2 zoning fronts North College Road approximately 200 into the front of the property. The 2007 level of service for North College Road at this location is F, meaning traffic counts exceed the Page 1 of 16

2 capacity of the roadway; however, there are two secondary accesses to the property, one on Owl s Lane, a local street that accesses the middle of the property, and Red Hawk Road, another local street which accesses the rear of the property. The level of service drops to D at the Bavarian Lane intersections. Level of service counts have been verified by the Wilmington Metropolitan Planning Organization. Ms. Dreibelbis presented an aerial image reflecting the current state of the property, as well as the development in the surrounding area, noting the B-2 zoning on North College Road contains a Rite-Aid and tanning salon. She also provided photos of the single family residences located on Owls Lane and Red Hawk Road. Ms. Dreibelbis explained that a site plan is not associated with the proposal due to the broad nature of the general rezoning; therefore, any use identified in the Table of Permitted Uses of the zoning ordinance could be considered in the future, including 53 uses not permitted by right in the current R-15 designation. She noted the applicant s property extends further into the existing residential area than the existing B-2 district and is currently developed as a place of worship. The B-2 zoning designation is not required for the property to function as such so the applicant has the ability to continue business as is in the R-15 designation. She concluded by stating staff recommended denial of the request to rezone the entire parcel to B-2. Ms. Dreibelbis reported the applicant had submitted a new request for the property just prior to the meeting, which will be addressed during his presentation. Chairman Gott opened the public hearing. Clyde Holley, spoke on behalf of the applicant, Northside Baptist Church, stating he is the operations manager at the church and oversees the facilities and special additions they seek to accomplish. They have reviewed their request after learning two days prior to the meeting that staff had some concerns about the rezoning request. He stated the church had been upfront with the County, City, and others about the plans for their property. He expressed appreciation for the assistance he had received from the Planning & Zoning staff. Mr. Holley explained because of staff s concerns about how deep the B-2 would extend into the property, the church has revised the zoning request to include only the first 300 of their property from North College Road to put them more in line with existing B-2 zoning in the area. Mr. Holley stated the church values their commitment to the community and provides many services, which are open to everyone in the community. Facilities are not locked or gated so everyone can use the playgrounds, the Life Center, the gymnasium, etc. He stated their facilities are used for events and recreational activities by local law enforcement, the highway patrol, and the fire departments, as well as Laney High School, Trask Middle School, and New Hanover High School. Northside Baptist Church does not charge fees to municipalities for use of their facilities. Church members fund the operation expenses for the facilities as a benefit to the community. He explained the rezoning request is a result of the church s attempt to install a better sign to communicate the events taking place on their property. The sign proposed by the church is larger than the signs allowed in a residential neighborhood. The sign would have the church name on it, as well as an LED section that will allow events to be changed constantly. The LED sign is needed because there are many weeks when there are 10+ events onsite. The Page 2 of 16

3 existing sign requires church personnel to manually change the letters on the sign. The church tried to obtain a variance, but was told they probably wouldn t be successful. During that process, staff suggested the church seek to rezone their property to commercial. Mr. Holley explained the church had also been working with NCDOT to provide better traffic flow onto and off their property. The church would like to enlarge their entrance to two lanes in and out and relocate the entrance further north away from the intersection because traffic occasionally backs up through the light with large crowds. NCDOT is requiring the church to widen the road in front of the church to increase the center lane further north and increase the deceleration lane at a cost of $200,000+. When they learned that MacDonald s would be purchasing the property across the street, the church had hoped to partner with MacDonald s to accomplish the road improvement project. Unfortunately, that purchase fell through because the site was not large enough for the franchise. MacDonald s then approached the church about purchasing the far northern corner portion of the church property consisting of 1-1/4 acres. The church has submitted documentation to get a LOMA to remove that area from the flood plain because the current elevation is no longer in the floodplain, with the exception of the ditch on the far north corner. The property was formerly a retention pond, which was filled and compacted when the church built a new retention pond. That area was designated for an outparcel parking lot, which the church has deemed unnecessary for the growth of the church. Because there is an existing plan for other buildings on the property, the church agreed to consider MacDonald s request to purchase the property. Their offer is based on whether the church is able to obtain B-2 zoning for the parcel. MacDonald s would take much of the burden off the church to fund the road improvements required by NCDOT. Mr. Holley has communicated MacDonald s interest in purchasing the property to NCDOT, which is reviewing electronic drawings of the MacDonald s proposal. Mr. Holley stated he communicated MacDonald s interest in purchasing their property to County staff immediately because he didn t want staff to think the church was trying to slide in a zoning change in order to build a MacDonald s on their site. He explained the request from MacDonald s came in during the rezoning process. Mr. Holley stated the church believes that MacDonald s would be a benefit to the community in that location. He commented that a MacDonald s would help service that area and relieve traffic flow from the MacDonald s on the corner of Gordon Road and Market Street, as well as the traffic from the MacDonald s on Castle Hayne Road in Wrightsboro. He also stated it would provide services in the community and provide jobs for Laney High School students, who would be able to walk to work from school. He noted numerous students from Laney High School and Trask Middle School utilize the church property after school while waiting for their parents to pick them up and the church is happy to accommodate them because it keeps them out of trouble. He offered to answer questions from the board. Christopher Quill, owner of 108 Red Hawk Road, spoke in opposition to the request, citing concerns about the effect the rezoning would have on the resale value of his home and the traffic issues in the area. He explained Red Hawk Road is really narrow and had become a cut-through for people entering and leaving the church property since the facility additions. He noted Owls Lane is really not accessible when travelling east to turn onto their property because NCDOT installed a partition there, which forces traffic to either go to the front of the church property or take the shortcut through Red Hawk Lane. He stated he was not opposed to the church installing a new sign and applauded the church s service to the community, noting they have great Page 3 of 16

4 facilities. He commented, as a homeowner, he was concerned about the future of his property and what the new zoning could possibly lead to later. Leroy Peoples, owner of two adjacent properties, stated concern regarding the effect of the proposed rezoning on the tax value of his home and on traffic. Many accidents have occurred since the modifications on Bavarian Lane. He was particularly concerned that an excessive number of U-turns are being made in that area. He noted they have a good relationship with the church. Mr. Peoples stated his support for the church s efforts to help the community. He commented his main concerns were to avoid an excessive amount of traffic and obtain a clear understanding of how the rezoning would affect his property taxes. Mrs. Peggy Peoples stated the church was doing a great job in the community and commended them for the services they provide to the area. She noted they felt they should state their concerns and obtain an understanding of how a proposed rezoning in their area would affect them as homeowners regarding resale of their home and taxes in general. Mr. Peoples stated his family supported the church and did not want to hinder the growth of the church in any way. Clyde Holley stated that Mr. Peoples and his family had been really great to the church and were great neighbors. He explained the accidents caused by the U-turns aren t related to the church, but are due to the island installed by NCDOT on Bavarian Lane to direct traffic further down the lane to the new traffic light. The existing cut-through has been there forever so people continue to come past the new traffic island median and make U-turns to take that short-cut. He commented Mr. Peoples was correct that people are doing that, but it isn t related to the traffic coming on and off the church property. The median is causing the issue with illegal U-turns and accidents. Mr. Holley explained there is a signalized light further west down Bavarian Lane where North Kerr Avenue meets Bavarian Lane and clarified that the median ends at Owls Lane. People are making a U-turn to get back to Farley Drive. Tamara Murphy noted that Farley Drive connects to Kerr Avenue. Christopher Quill stated he understands the situation is a result of NCDOT s actions and has absolutely nothing to do with the church. He explained the median prevents a left turn where the median comes down to make a left hand turn going east toward Murrayville Road so traffic is forced down Red Hawk Road, resulting in the traffic issue on Red Hawk Road. Mr. Peoples stated he was concerned about when and if they would get answers to some of their questions about the effect on their taxes and traffic. Chairman Gott explained they would need to address the tax question to the County Commissioners. Once the board makes a recommendation for approval or denial of the project, staff may be able to better answer the questions regarding traffic issues. Page 4 of 16

5 Chairman Gott closed the public hearing. Tamara Murphy asked for clarification on whether the board would be considering the original proposal for recommendation or considering the revised proposal submitted earlier this afternoon for recommendation. Ms. Daughtridge explained that based on Mr. Holley s recent submission, he was proposing the rezoning of 300 off the highway. Mr. Holley doesn t want to risk the board s denial of the proposal, which would result in the church being required to wait 12 months to resubmit a new proposal for the property, so he is offering the revised proposal for 300 off the highway as an alternative. Anthony Prinz asked if the board had the ability to amend the application or was required to make further notification of that change. Ms. Daughtridge stated no further notification was required because the public notice states that changes may be made at the meeting. If there was a sweeping change, such as a conditional rezoning with a specific site plan attached rather than a straight rezoning, she would urge the board to continue the item to the next meeting so it could be advertised differently and give people an opportunity to review the site plan before the board voted on it. She explained that modifications to the boundary of the proposal are allowed. Vice Chair Andy Heath commented that it appeared the building could possibly be separated by two zonings with the new proposal and asked what issues that would cause in regard to events and hours of operation. Ms. Daughtridge stated it was okay for the property to be split zoning, but the owner would have to abide by the zoning rules of the adjacent property. For example, part of the property could be subject to setback rules adjacent to residential zoned property, which would mean it would have greater restrictions on the building height and buffering. She explained the properties across the street are zoned B-2 and have split zoning. Because a section of the roadway is also zoned R-15, staff would recommend the B-2 zoning extend across the road to connect the zoning district. Vice Chair Heath commented that rezoning the first 300 of the property could potentially create a nonconforming situation with the existing building in regard to the setback off the zoning. Ms. Daughtridge stated that was potentially true; however, she didn t know if a nonconforming situation would be created because staff had not evaluated the request on that basis. Dan Hilla commented he would not be comfortable recommending an approval or denial of the rezoning request without actually seeing a map showing acreage and exactly where the lines would fall within the existing buildings on the property. Anthony Prinz agreed with Mr. Hilla, noting the board was considering a straight B-2 rezoning directly adjacent to a residential zoning district for the second month in a row. He commented he had no issues about the sign, but was concerned about all the permitted uses allowed in a B-2 Page 5 of 16

6 zoning district that would have direct access to a roadway already over capacity. Currently, College Road is very congested during peak hours with school traffic, etc. so locating something on that property without a properly reviewed site plan in his opinion was concerning. Mr. Prinz stated he would prefer the conditional use district option for the property. He commented the rezoning request last month was different because the applicant wouldn t be directly accessing Carolina Beach Road, would have access to a signal, and would be a very low trip generating type of use. He explained that a blanket B-2 zoning in this location, which needs roadway improvements already, would open the door for any of those permitted uses to be put there without the board seeing a site plan. Chairman Gott stated she shared Mr. Prinz s concerns about the rezoning request. She commended the church for their efforts on the property, but expressed concern about vehicles accessing a commercial tract via the two residential street accesses to the property, given the potential for a MacDonald s to be located on the site. She noted the broad nature of the B-2 district would permit the owner to put basically anything in that area and that gave her and other board members pause. She stated if the request was for a B2-CD district with a firm site plan, the board may be more lenient in allowing commercial traffic because they would know exactly what was being proposed and would have information on trip generation, etc. Chairman Gott stated for those reasons, she would be supporting denial of the rezoning proposal. Anthony Prinz stated he didn t agree with the straight B-2 rezoning, but asked for clarification that a denial would require a 12-month waiting period before the applicant could apply for another rezoning. Ms. Daughtridge stated there would be a 12-month waiting period to request a change once any final action was taken to approve or deny the rezoning. Anthony Prinz felt the board should consider that consequence when deciding the case, noting he would hate to require Mr. Holley to wait twelve months to submit another request if the board was okay with the sign and thought a conditional district would be more appropriate. In response to a question from Dan Hilla, Ms. Daughtridge stated that a withdrawal of the request would also be a final action and subject to the 12-month waiting period. She suggested the board ask Mr. Holley if he could bring a site plan back to the board, which could be potentially modified in the future. Chairman Gott asked if the board could approve a conditional district if the applicant provided a couple of different uses for the tract, given that B-2 is such a broad category. Ms. Daughtridge responded the site plan would have to reflect the close approximate location of what they intend to put there and provide a list of potential uses. Clyde Holley stated he has a site plan that was submitted to the county when the life center was built, which reflects the church s plan for the property and includes the site of the proposed MacDonald s and the road layout. He reiterated that the primary reason the church is Page 6 of 16

7 considering the MacDonald s offer is that they bring private funds to assist with the road improvements required by NCDOT, which are estimated at $200-$250 thousand. In response to a question from Chairman Gott, Mr. Holley explained the site plan wasn t submitted because it wasn t required for a straight B-2 rezoning. At the time the initial request was submitted, MacDonald s wasn t part of the issue. The church only wanted to construct a better sign to communicate to the community. When the church learned MacDonald s was truly interested in purchasing some property, Mr. Holley presented a map to staff of the area the church was considering allowing MacDonald s to purchase. The church hasn t received an offer to purchase from MacDonald s, but he wanted staff to know it was a possibility. When MacDonald s approached the church, they deemed that the parcel they were interested in did not affect their site plan for the location of their new sanctuary, the life center addition or the education complex which was submitted in 2007 or Mr. Holley stated the church s primary goal was to build the sign and also rezone 1-1/4 acres to B-2 for the MacDonald s site. MacDonald s is willing to purchase the property and make the needed road improvements, which means that neither the County nor private citizens will pay the cost to upgrade the road. Chairman Gott thanked Mr. Holley and asked if he would be amenable to the board continuing the request to a later date, giving him the opportunity to submit a conditional district request. Mr. Holley stated he would be agreeable to anything that would help them accomplish their goal to service the community. Mr. Collier stated he wanted to make sure Mr. Holley understood that he would have to show plans for the entire 300 of property he was requesting to rezone, not just the area with the sign and the possible MacDonald s and provide a limited list of uses he would anticipate in that area. He noted there are certain uses that neither Mr. Holley, his neighbors, nor the board would want on the site. He explained the board would also need to address the traffic impact on the neighborhood generated by a MacDonald s. While MacDonald s would assist with upgrades to the road, the board has to consider its impact on the three properties in the back and the ten adjacent residences. Sharing those streets has worked very well in the past, but MacDonald s is a big traffic generator, and if College Road is already overtaxed, it will be worse on Owls Lane and Red Hawk Lane. Anthony Prinz stated that a MacDonald s would most likely require a traffic impact study because it would likely produce more than 100 peak hour trips. A TIA would provide a more scientific evaluation of the road operation and what that particular use would do to not only the driveway on North College, but also the intersection at Bavarian Lane, as well as Owls Lane and Red Hawk Lane. He noted a conditional use permit would allow the County to address many of the concerns residents have expressed with site specific conditions and provide much more security for everybody in the entire process. Mr. Collier stated he didn t think board members had any issue with the sign and agreed wholeheartedly with what they are trying to put there. He stated he doesn t disagree with the Page 7 of 16

8 MacDonald s in principle initially, but feels more information is needed. In order to avoid the church being required to wait 12 months to submit another proposal, Mr. Collier suggested the case be continued for 30 to 60 days, in order for the church to firm up their plans. Mr. O Keefe stated concern about setting a precedent by allowing the request to be changed from a straight rezoning to a conditional rezoning in the middle of a meeting. He noted a year is a reasonable amount of time to put together all of the information required when a parcel this size goes to commercial use. Mr. Collier stated he understood Mr. O Keefe s concerns, noting he wanted to make sure the applicant understood that a tremendous amount of work is required for a conditional district site plan. Sharon Huffman stated legally the board could continue the matter and allow the applicant to submit a conditional rezoning, but expressed concern that Mr. Hobbs would not be able to accomplish everything necessary to begin a conditional rezoning for a MacDonald s restaurant within thirty, sixty or ninety days. She asked if the board wanted to set the precedent of continuing cases for 120 days or 150 days, noting she was not aware of any case being continued more than 60 days. Mr. Collier agreed. Anthony Prinz stated the applicant may not be ready for a MacDonald s at that point in time, but they could be ready for a sign. Realistically, the church could proceed incrementally by obtaining a special use permit and conditional district rezoning for the frontage, which doesn t currently include a MacDonald s, but includes the sign. The applicant could then request an amendment of the special use permit for the MacDonald s once the offer has been made and those issues have been resolved. Chairman Gott asked Mr. Holley if he had applied for a variance for the church sign. Mr. Holley stated they were unable to obtain a variance because they had previously received a variance to allow a Chinese church that uses their facilities on Sundays to install a small sign on the church property. Staff had stated their only option was to be rezoned to commercial so the church would not have an issue with signs. Sharon Huffman asked staff if they knew what their position would be and had discussed internally if he were to request a rezoning of a 12 x 12 area for a sign. Jane Daughtridge explained that Mr. Holley wouldn t be able to make that request because the minimum district size for B-2 zoning is 5 acres. The church is adjacent to B-2 on the opposite end, but he would need to have a wider swath to get to the location of the sign. He would have to choose five acres somewhere in the middle or extend off the existing B-2. Ms. Huffman stated if Parcel #8 was zoned B-2 and Mr. Holley was willing to place his sign there instead, he could rezone ½ acre. Page 8 of 16

9 Ms. Daughtridge stated Ms. Huffman was correct. Chairman Gott asked if there was another zoning, for example O&I, where he could place a sign of the size he desires to install. Ms. Daughtridge stated that O&I zoning has restrictions on signage as well, but B-1 zoning would be a little more permissive. Chairman Gott stated she didn t want the sign to be held up because of the board s concerns about the broad uses under B-2 zoning. Ms. Daughtridge stated that B-1 zoning allows a 20 high sign that is 65 square feet, noting she believed that part of the problem is the church s existing sign is larger than the standards for R- 15, which only allows 35 square feet, plus the secondary sign that was allowed by variance on the site. Mr. Holley could go up to 65 square feet that was 20 feet high. The height is a bonus to him because the height on the residential district is six feet. She noted it would offer some leeway, but she believed his sign may be even larger than 65 square feet and that would be B-1. In a B-2, Mr. Holley would be allowed to go 20 feet high and have a 100 square feet sign because the road is not a four-lane highway. Vice Chairman Andy Heath commented the board had discussed the possibility of connecting a small area large enough for a sign adjacent to the existing B-2 large and asked if they couldn t rezone College Road all B-2. He noted he wasn t sure of the ramifications of rezoning a road, but it would be contiguous with the B-2 across the street. Chairman Gott asked if he was suggesting going up North College Road, rezoning North College to B-2 and then rezone a small sliver of Mr. Holley s tract B-2 for the sign. Vice Chairman Heath confirmed Chairman Gott was accurate. Ms. Daughtridge explained it depended somewhat on the character of the area and in this case it may be consolidated enough to consider the roadway adjacent, but typically the roadway isn t used to count toward the five acres minimum requirement. Chairman Gott asked for a clarification of staff s position about using the roadway to extend the B-2 district across the street to pick up the sign area, noting eventually the little sliver on the church side would most likely become B-2 or CD B-2. Ms. Daughtridge stated she thought the board was at liberty to do that if they desired. She then asked Mr. Holley if the MacDonald s project was a year away. Mr. Holley stated that MacDonald s had been trying to obtain property in that area for two years and was waiting on the County s decision. MacDonald s representatives have stated the process would be 6-18 months based on permitting. They are hoping the County decides in the church s favor to rezone the property given their willingness to fund the road improvements. Page 9 of 16

10 Chairman Gott stated the board understood that NCDOT would require the improvements on North College, but she was concerned about commercial traffic dumping onto Owls Lane and Red Hawk Road due to the interconnectivity of the church s parcel of land to those residential streets. She asked Mr. Holley to show the board the current location of the church s sign on the map. Mr. Holley confirmed the sign is currently located adjacent to a driveway. He noted the proposed sign is based on the site build-out and will be located directly in front of the white round dome, which will be removed when the new sanctuary is built. The driveway located north of that dome area is the one NCDOT has recommended be used as the main entrance, which will include four lanes and allow more traffic to enter off North College Road. Mr. Holley also confirmed the location of the 1-1/4 acres proposed for the commercial development in the far north front corner of the property. Chairman Gott stated the board was unable to review the site plan because it had not been vetted by staff and the advertising requirements for a public hearing on the proposed site plan for a conditional district had not been met. She asked if Mr. Holley understood what the board was proposing regarding the B-2 rezoning of an area to allow the sign only. Mr. Holley asked if that scenario would require them to wait one year before submitting another request to rezone the area for the proposed MacDonald s if it was parceled out and sold to them. Chairman Gott stated it would require them to wait one year before they could submit a rezoning request for the parcel. She explained the professional staff of planners had already mentioned that it would take approximately a year to accomplish everything required for a project of that magnitude to come before the Planning Board for approval or denial. Anthony Prinz asked staff to confirm that if a request to rezone the frontage of the property, with a simple site plan showing the location of the sign, was approved by the Planning Board and the Commissioners, Mr. Holley would be able to able to amend the special use permit without waiting twelve months. Jane Daughtridge confirmed the 12-month waiting period would not apply if Mr. Holley was modifying something the board had taken a final action on. A property owner can modify a site plan within the 12-month waiting period, but can t rezone property. Mr. Prinz recommended that Mr. Holley request a continuance for thirty days and come back with a simple site plan that meets staff s specifications for a new sign and then request a special use permit later when MacDonald s is ready to proceed. By doing so, Mr. Holley may avoid the 12-month waiting period obstructing any activity on the remainder of the site. Mr. Holley acknowledged that he understood Mr. Prinz s recommendation. Chairman Gott explained that Mr. Holley would then only need to request a modification to an existing approved site plan if MacDonald s was ready to proceed in six months. Page 10 of 16

11 Anthony Prinz commented they could rezone the 300 feet across the front and place the sign in that location. The special use permit would show the location of the site, what it will look like, etc., but would also show the other area as future development. The church could get all of the proposed area rezoned to the zoning district desired, while providing some security that future development would be reviewed. He noted when MacDonald s is ready to move forward later, the board could take action on amending the permit for that particular site and address the concerns people may have regarding MacDonald s. Ms. Daughtridge noted the applicant should realize that MacDonald s couldn t sever the obligation on the property even if it is purchased from the church because it would be covered by the special use permit that accompanies a conditional rezoning and would be subject to any conditions placed on it by the County regardless of ownership because permits transfer with the land, not with an individual. Mr. Holley asked Mr. Prinz to repeat his recommendation. Mr. Prinz explained his recommendation to continue the case for 30 days, giving Mr. Holley the opportunity to obtain a simple site plan necessary to obtain a rezoning and special use permit for that portion of the property. At that time, the property would be rezoned to B-2 assuming the Planning Board and the Board of Commissioners agree with the request. The permit would mainly revolve around the sign. The other section of the property would be shown as potential future development already rezoned B-2. Then, when MacDonald s is ready to present a plan, issues with NCDOT have been resolved, and commitments are in place, the special use permit can be modified instead of rezoning. That will negate the 12-month window required if the application is withdrawn or denied or if the board takes action on rezoning the property to something else that is not in line with a MacDonald s type of use. Chairman Gott asked if Mr. Holley was amenable to either a 30-day or 60-day continuance. Mr. Holley said he was amenable to a continuance and asked for the timeframe to submit the revised site plan to staff if he chose a 30-day continuance. Ms. Daughtridge stated the deadline for the December meeting was October 31 st, but staff would accept it. She explained staff needed to review the site plan and advertise the revised request. Mr. Holley then stated he would prefer a 60-day continuance. Richard Collier made a motion to continue the item for sixty days or to the first meeting in January Tamara Murphy seconded the motion. The Planning Board voted 6-0 to continue Rezoning Request Z-915 for sixty days or to the January 2012 Planning Board meeting. Chairman Gott advised Mr. Holley to speak to staff regarding the site plan requirements. Richard Collier thanked Mr. Holley for his patience. Page 11 of 16

12 Item 2: Subdivision Text Amendment (A-388, 06/11) Request by Staff to amend Section 54 of the County s Subdivision Ordinance to establish a procedure for confirming the status of improvements and common areas prior to transfer to homeowner associations, and Section 52-4 of the ordinance to clarify the intent and procedure for publicly platted roads and requests for redesignation of such to a private road. Continued from the June 2, 2011 Planning Board meeting. Chris O Keefe stated staff had been working on the language for the Transfer of Improvements amendment for some time and had received much interest from various factions, who had provided beneficial information during the process. The issue stems around public and private roads and how those roads are maintained during that period of time when they are transferred from the original developer to the homeowners association. Staff would like more time to work on the language before the amendment is brought forward for consideration by the Planning Board. He noted no formal action would be required by the board. Item 3: Zoning Text Amendment (A-397, 11/11)- Request by Staff to amend the Administration and Enforcement Procedures outlined in Article X to update terminology and add references to pertinent sections. This amendment will also add references to Article V, Sections 51.5 and 59.4, and Article VI, Section Jane Daughtridge stated the next three proposed amendments relate to the administrative sections of the Zoning ordinance, which haven t been updated as changes have occurred in the department. Ms. Daughtridge reviewed the following proposed changes to the ordinance: Article X Administration and Enforcement 1. Clarify the responsibility for enforcing the ordinance. 2. Change building inspector to zoning administrator or zoning official as appropriate. Reference zoning permits in addition to building permits. 3. Include the statutory language governing enforcement. 4. Include reference to CFPUA 5. Move guidance relating to performance residential and high density development to their respective sections in the ordinance to make them more readily accessible. Leave reference to the language in Add reference citations in 59.4 (COD) to section and Make reference in (performance) to provisions of Section Give individual citation number to Vesting and Development Agreements. Dan Hilla stated throughout the document, the term issued had been changed to approved. He asked why the term was changed and if it was due to a timing issue. Page 12 of 16

13 Ms. Daughtridge stated the change grew out of the difference between a building permit and a zoning permit. She explained that a piece of paper is not issued for a zoning permit, which is actually an authorization. Chairman Gott opened the public hearing. No one from the public spoke in regard to the text amendment; therefore, Chairman Gott closed the public hearing. Dan Hilla made a motion to recommend approval of the text amendment. Anthony Prinz seconded the motion. The Planning Board voted 6-0 to recommend approval of Zoning Text Amendment A-397. Item 4: Zoning Text Amendment (A-398, 11/11) Request by Staff to amend the Legal Provisions of Article XIII, Sections and Section 136 to clarify the enforcement procedure and update terminology. Jane Daughtridge offered the following proposed changes to the zoning ordinance: Article XIII Legal Provisions 1. Change building inspector to zoning administrator to reflect merging of departments. 2. Slightly reduce the fine amounts for continuing daily violations so that reasonable accruals remain below the $5000 threshold for small claims court. 3. Describe the process for dealing with violations of the ordinance: Notice of violation 3 days to remedy or establish a plan for remedy (No fines if this is done. Fines accrue if not done.) Process for appealing the violation. If no appeal, must remedy and pay fines as applicable. If accrual of fines is over $5000, can appeal to Manager s office to reduce after the violation is remedied. Permits, authorizations or certificates of occupancy may be withheld on property where there is an outstanding violation. 4. Include references to CFPUA as approvers of water/sewer systems. 5. Redescribe responsibility section to reflect standard practice that can penalize owners, tenants, contractors or others who are responsible for violating the ordinance. Chairman Melissa Gott opened the public hearing. No one spoke on the item. Chairman Gott closed the public hearing. Page 13 of 16

14 Tamara Murphy made a motion to recommend approval of the text as shown in the draft presented. Richard Collier seconded the motion. The Planning Board voted 6-0 to recommend approval of Zoning Text Amendment A-398. Item 5: Zoning Text Amendment (A-399, 11/11) - Request by Staff to amend the Board of Adjustment provisions in Article XII to update terminology. Jane Daughtridge offered the following change to the zoning ordinance: Article XII Board of Adjustment 1. This amendment simply changes to the term building inspector to zoning administrator to reflect the organization changes when the Planning and Inspections departments merged. Chairman Gott opened the public hearing. No one from the public spoke in regard to the amendment; therefore, Chairman Gott closed the public hearing. Anthony Prinz made a motion to recommend approval of the amendment as drafted by staff. Andy Heath seconded the motion. The Planning Board voted 6-0 to recommend approval of Zoning Text Amendment A-399. Technical Review Committee Report (October) Sam Burgess reported the County s Technical Review Committee met twice during the month of October to review a request to adjust an existing right-of-way off Bump-Along Road and the relocation of sidewalks in Phase 2 of Willow Glen at Beau Rivage. In a vote of 5-0, the TRC determined that the Raintree Road right-of-way be cleaned up with the creation of a T intersection with Bump Along Road. A 60 publicly designated right-ofway width along Bump Along Road would be established from Market Street to its intersection with Raintree Road to promote better access. Improvements for both roads to minimum NCDOT standards would be required prior to final plat approval. In a vote of 4-0, the TRC approved the sidewalk relocations along portions of Willow Glen Drive, Otter Trail, and Island End Court based on the fact that it was an inherited problem from the previous owner and it was an existing gated community. Two conditions to the approval were noted: 1) That the sidewalk relocation be properly striped and labeled as pedestrian access with a width of 6 feet; and that 2) No on street parking be allowed on the pedestrian access. Page 14 of 16

15 Mr. Burgess reported that the TRC will meet again on Wednesday, November 9, 2011 to review one item. Anthony Prinz invited interested board members who had ideas or suggestions related to the implementation of traffic calming measures in subdivisions to attend a special meeting of the Technical Review Committee on November 16 th at 2pm to discuss the issue. Chairman Gott thanked Mr. Prinz for serving on the Technical Review Committee. Jane Daughtridge asked the Planning Board to adopt the 2012 Planning Board meeting schedule as presented, noting two changes had been made to the schedule due to conflicts with the Easter and Independence Day holidays. Richard Collier made a motion to approve the 2012 Planning Board meeting schedule. Tamara Murphy seconded the motion. The Planning Board voted 6-0 to approve the 2012 Planning Board meeting schedule as presented. Chris O Keefe reminded the board that staff members are available to meet with them to discuss agenda items and noted Chairman Gott s suggestion to hold several work sessions. Chairman Gott explained there would be a two-hour period of time set aside during the week prior to each board meeting when staff would be available to answer questions about upcoming agenda items. She asked if board members preferred a particular day of the week. The board agreed that Friday would be the best day of the week for the agenda discussions. Chairman Gott stated she suggested additional work sessions because some ordinance items seemed to be very contentious. She felt it would be beneficial to review those items and become educated on them during a work session. Anthony Prinz recommended quarterly work sessions be scheduled and cancelled if not needed. Chris O Keefe stated work sessions could be scheduled in January, April, July, and October, although he noted the January session would probably be cancelled due to a lack of items. Richard Collier suggested the work sessions begin in March. Andy Heath recommended that one of the Friday meetings prior to the regular Planning Board meetings be established as the work session each quarter. After some discussion, it was determined the quarterly work sessions would be held at 9:00 a.m. on the Friday prior to the regular Planning Board meetings. (Dates suggested were: March 2 nd, June 1 st, September 7 th, and November 30 th ). Page 15 of 16

16 Jane Daughtridge stated two amendments were anticipated for the December Planning Board meeting regarding transfer of improvements and traffic calming; however, those amendments may not be ready so there may not be a meeting in December. Ms. Daughtridge then expressed her appreciation for the board members and stated it had been a great pleasure to work with all of them. Chairman Gott announced that Ms. Daughtridge would be retiring at the end of the year. She thanked her for her service to New Hanover County and wished her the best in the future. Richard Collier made a motion to adjourn the meeting. Anthony Prinz seconded the motion. The Planning Board voted 6-0 to adjourn the meeting at 7:15 p.m. Respectfully submitted: Chris O Keefe, Planning & Inspections Director Page 16 of 16

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