REGULAR MEETING OF THE VILLAGE OF CLEMMONS PLANNING BOARD March 15, 2016 Minutes

Transcription

1 REGULAR MEETING OF THE VILLAGE OF CLEMMONS PLANNING BOARD March 15, 2016 Minutes The Village of Clemmons Planning Board met on Tuesday, March 15, 2016 at 7:00 p.m. at Village Hall, Clemmons, North Carolina. Members present were: Michael Gautreaux, Chuck Houska, Martin Majorel, Casey Matuszak, Ray McDowell, Gail Pritchard, Evan Reiss and Lee Reynolds. Member Deborah Taylor was absent. CALL TO ORDER The regular meeting was called to order at 7:00 p.m. by Vice Chair Lee Reynolds. APPROVAL OF MINUTES Chuck Houska made a motion to approve the February 16, 2016 minutes as written. Casey Matuszak seconded the motion which was unanimously approved. Michael Gautreaux made a motion to approve the March 1, 2016 Comprehensive Plan Workshop minutes as written. Casey Matuszak seconded the motion which was unanimously approved. ANNOUNCEMENTS There were no announcements PUBLIC COMMENTS There were no public comments and seventeen (17) citizens in attendance. BUSINESS A. Public Hearing Continuation for Zoning Map Amendment of William Alexander, Larry Jarvis and Peacehaven Development LLC from RS-40 to RM-5-S (residential building, single family residential and residential building, townhomes). (Zoning Docket C-212) Planner Megan Ledbetter explained the zoning request and reviewed the site plan for the 6.33 acre tract located at the corner of Peace Haven Road and Harper Road. The petitioner is requesting to rezone from RS-40 to RM-5-S (residential building, single family residential and residential building, townhomes). The proposed site is partially located outside the village limits but proceedings are underway to annex the outlying land. The proposed site plan calls for 24 townhomes with sidewalks, street trees, mail kiosk and access off of Harper Road and a stub connection to the north. The outstanding issue for staff is lack of cross access to the stub street that Village Council required Carillon Assisted Living add as a condition when their site plan was approved. This cross access is necessary to allow for emergency vehicles to access both this site and Carillon site to the east, will provide interconnectivity, will make it more accessible for leaf/limb pickup and snow removal. The original location on the site plan for the access road onto Peace Haven Road was not favorable to NCDOT or the Village of Clemmons due to its proximity to the roundabout. A revised plan shows a 25 foot curbed and guttered grassy access easement off of the T-intersection back to the Carillon development. Staff highly recommends the access road be paved. Staff does feel this would be a great use of the property. If the developer will agree to pave the access road staff would be in approval of the site plan. A brief discussion was held regarding emergency access and turnaround space. The Planner advised that if approved by Village Council the final plans would be reviewed again by staff to

2 ensure that all UDO requirements have been met to satisfy fire codes, building codes, stormwater, public works requirements, etc. Vice Chair Lee Reynolds opened the public hearing. Hollis Boardman, Peacehaven Development, 1321 Westbrook Plaza Drive, Suite 220, Winston- Salem, NC introduced himself to the Board. He explained they were pleased to come to Clemmons with this development. Mr. Boardman also stated they had purchased adjoining property to the original site in order to bring the entrance off of Peace Haven Road onto Harper Road for safety and aesthetics reasons. Mr. Boardman commented that with the need for connectivity through Carillon the traffic would be redirected back to Peace Haven Road defeating their purpose of putting the entrance on Harper Road. The developer would be more in favor of coming straight down Carriage Court to Peace Haven Road with an access road that could be gated or some type of removal bollards that emergency vehicles could remove to gain access. Bob Steenson, Carillon Assisted Living, 1165 Peace Haven Road, Clemmons, NC, spoke regarding the easement road coming through their facility. Carillon does support the proposed project but is adamantly opposed to a connector road due to the nature of their approximately 70 residents being vulnerable to vehicular and pedestrian accidents due to age issues and mobility issues. With residents walking around the facility and enjoying the outdoors it would be detrimental having traffic coming and going off Peace Haven to the new development and would be irresponsible on Carillon s behalf if they did not object to the cross access connection. The Planning Board members questioned Carillon as to the number of residents and areas they normally walk. There is a sidewalk surrounding the building so residents can walk to the landscaped area to the rear of the facility but they are continuously coming to and from the parking lot with visiting family members and friends. The question of why the stub street was placed at the facility was asked. Mr. Steenson advised it was imposed upon the development by Village Council when the site was approved. He also stated they opposed the stub street at that time but accepted the added condition not knowing what would develop on the adjoining lot. He noted if a medical office or nursing home were being placed there it would not be the volume of traffic that a multifamily development will create. The Board held a discussion as to whether the connector street would be detrimental to the safety of the residents of the assisted living facility. Member Majorel commented that if the developer would place a sidewalk along the connector street it would allow the residents a safe place to walk. Planner Ledbetter clarified to the Planning Board that staff does not force conditions for development but offers conditions for their consideration based on the definitions in the Unified Development Ordinances for streets and stub connections in this instance. It is up to the developer to agree to those conditions, not agree, modify those conditions, or come before the Board to request not to have the conditions. This site was set up to have an open connection. The Board has the right to make a recommendation for the developer to consider putting a gate with a knox box for fire access if that is what you choose to do. Ms. Ledbetter pointed out that is not what staff recommends but staff s job is to give technical opinions. Ken Ricardo, Carillon Assisted Living, 1165 Peace Haven Road, Clemmons, NC, stated he was responsible for the safety of the residents and feels the connector road would not be good. Mr.

3 Ricardo commented that the semi-circle at the stub street appears too small to accommodate emergency vehicles coming or going. He also worried that if the residents were to wonder off into the new neighborhood their tracking system pagers would not function at that distance. Mr. Ricardo stated that he can control traffic issues by talking to visitors and family members but would have no control over an open connector street. Mr. Ricardo is in favor of the development without the connector street. Vice Chair Lee Reynolds closed the public hearing. A lengthy discussion regarding safety issues for Carillon Assisted Living residents followed. Member Chuck Houska stated that looking at the facility, as far as emergency vehicles, when the stub street was put in maybe there should have been more consideration as to the design or the location. It will invite traffic and there is the ability to get emergency vehicles in and out from the secondary road. Planner Ledbetter pointed out again that the secondary road on the site plan is not feasible because it would come out on the roundabout apron which NCDOT nor the Village of Clemmons would allow. Planner Ledbetter explained to the Board, from staff s perspective, the reason for that location and connection to the stub was based on the definition of a street in the Unified Development Ordinances. Ms. Ledbetter read an excerpt from the definition of street:.the term street includes road, avenue, place, way, drive, lane, boulevard, highway at any facility principally designed for motor vehicle traffic except for alleys or easements solely used for utilities or pedestrians; and the definition of street stub: A street which runs to a property line of an adjacent property and is intended to continue on to the adjacent property at such time as the adjacent property is developed. Member Chair Gail Pritchard questioned if the location on the original site plan could be shifted to come out farther from the roundabout. Planner Ledbetter stated the connection was placed there due to the definitions in the Unified Development Ordinances. Due to the low traffic count the development does not have to have a second entrance and they have stubbed the street to the north for future development. The Village is attempting to allow for connectivity if at all possible. Member Michael Gautreaux questioned the need for an easement off Peace Haven Road thirty feet away from Peace Haven Road. Mr. Gautreaux thinks most likely this will be a tremendous safety problem for the residents of an assisted living home and the Village will be putting traffic there that does not need to be there. Mr. Gautreaux does not feel good requiring the developer to build an access road to a stub that should not have been required in the first place. Planner Ledbetter advised the stub was a policy decision by council encumbered upon the development at that time. That is why staff recommends the connector. Member Ray McDowell commented the Planning Board has purview over health, safety and welfare. This is a clear cut case of a safety issue. Mr. McDowell understands why Council asked for the stub at that location because if an appropriate petitioner was put there it would have made sense. Unless the law absolutely requires that we have to connect there we have to look at it from a safety standpoint. Member Chuck Houska commented that he understands by definition the stub should be connected but agrees with Mr. McDowell and Mr. Gautreaux on safety issues and doesn t feel the Village should penalize the property owners. Member Evan Reiss commented that it could be harder for Carillon to keep their residents from wondering off into the other neighborhood.

4 Member Michael Gautreaux stated the stub street was put there when Carillon was built for future use not knowing what type of development would occur in this location so this should be made as an exception to the rule. Attorney David Kasper read an excerpt from the Unified Development Ordinances that stated the Planning Board does not have the authority to take away a stub connector approved by Village Council. Only the Council can waive the requirement. He read from the UDO;.all subdivisions shall dedicate right of way and construct stub streets to any adjoining properties to facilitate traffic circulation within the context of the overall transportation network.any such exemption will be decided by the elected body. A discussion was held by the Board and asked the Planner if they could approve the original plan submitted by the petitioner that didn t include connection to the stub. Planner Ledbetter explained that at the recommendation of staff the developer revised the configuration of the townhomes on the original plan to provide access to the stub street. The developer would have to decide if they would submit the original plan or the new configuration of the revised plan to present to Council. Steve Causey, Allied Design, 4740 Kester Mill Road, Winston-Salem, architect for the site plan addressed the Board. Mr. Causey stated the revised plan before the Board does not have the stub and the access road to Peace Haven has been eliminated so the petitioner is requesting the Board make their recommendation using the revised site plan. Planner Ledbetter advised the Board their motion cannot be made accepting the statement of conformity because the Staff Report recommends the developer include a connector street to the stub at Carillon Assisted Living. This is still the staff recommendation and staff interprets based on the Council s intent to provide cross access. She further stated that not requiring the connection is against the requirements set forth in the UDO. Only Village Council can make that decision. Based on your discussion you are recommending that Council make a special provision removing that condition from the UDO. Staff cannot make that recommendation to the Board. Member Martin Majorel made the point that connectivity is an ongoing process in the Village and decisions made today could create problems at a later time. He stated the Board is required to follow the requirements of the UDO. Member Chuck Houska stated this is a safety issue, not a connectivity issue because part of the Planning Board s job is public safety. Ray McDowell made a motion to accept the statement of conformity as stated in the Staff Report and recommend approval of the zoning request consistent with the statement for Zoning Docket C-212. (Attached hereto as Exhibit A and incorporated as a part of the minutes.) Michael Gautreaux seconded the motion which was unanimously approved. Ray McDowell made a motion to accept the site plan as presented with the recommendation that the emergency egress and access not be included. Michael Gautreaux seconded the motion. The vote was seven (7) in favor and one (1) opposed. Martin Majorel was the opposing vote. Approved Conditions for C-212 are: The following proposed conditions are from interdepartmental review comments and are proposed in order to meet codes or established standards, or to reduce negative off-site impacts.

5 PRIOR TO THE ISSUANCE OF GRADING PERMITS a. Developer shall obtain a stormwater management permit from the Village of Clemmons Stormwater Administrator. b. Developer shall obtain a driveway permit from NCDOT and the Village of Clemmons Public Works Department c. Developer shall meet the tree protection standards during construction as required in Chapter B.3-4 Landscaping and Tree Preservation Standards for the new large variety trees planted to meet the requirements of the ordinance. PRIOR TO THE ISSUANCE OF BUILDING PERMITS a. Developer shall obtain a land disturbing permit from Winston-Salem/Forsyth County Inspection Erosion Control Office b. Developer shall submit utility plan for review to the City/County Utility Department. c. Developer shall record a final plat in the office of the Register of Deeds. Final plat shall show proposed public streets rights-of-way, property lines, tentative building locations, payment in lieu dedications or open space calculations and all access and utility easements, and public access and maintenance easements for any sidewalks located along public streets which are outside of the public right-of-way. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: a. Developer shall obtain a stormwater management permit from the Village of Clemmons Stormwater Administrator OTHER CONDITIONS: a. All proposed utilities shall be located underground. b. Develop shall bond or provide a letter credit for the required sidewalk. 100% of the sidewalk shall be installed within 2 years from the issuance of the first house building permit, excluding the model home. c. Developer shall install a mail kiosk in an area outside of the public ROW for the development. No individual mailboxes shall be allowed B. Public Hearing for Zoning Text Amendment of Hubbard Commercial and Lew-Clem 2551, LLC from HB-S to HB-S (recreational services, indoor, restaurant (w/o drivethrough service), restaurant (w/ drive-through service), office, miscellaneous, professional office, banking and financial services, services, business A, services business B, services, personal, building contractors, general, building contractors, heavy, ABC store, building material supply, convenience store, food or drug store, furniture and home furnishing store, general merchandise store, hardware store, nursery, lawn, and garden supply store, retail, and retail store, specialty or miscellaneous) (Zoning C-213) Planner Megan Ledbetter explained the zoning request and reviewed the revised site plan for the one acre tract located at Newtown Center. The petitioner is requesting to rezone from HB-S to HB-S. This is the current site of Advance Auto that will be demolished and rebuilt as a Chickfil-A drive-through restaurant with an indoor playground. The site will include sidewalks around the entire parameter, outdoor seating, and substantial landscaping through the street yards and around the dumpster area. One condition of this site plan is to allow islands be placed in the existing shopping center that will help start providing some consistency in the overlay district overall plan. Staff is recommending a condition to be added prior to the issuance of occupancy; The developer shall install three landscaped medians in the immediate vicinity shown on the site plan. Exact configuration, size and planting restrictions will be determined in the field by

6 mutual agreement of the developer, the property owner, and the Village of Clemmons, it being expressly understood that the landscape islands will not reduce the existing number of parking spaces in the center, nor materially affect traffic flow. It is further understood that tenants in the center retain certain rights of approval of changes made to the common areas of the center, and while property owner will make good faith efforts to obtain any necessary approvals, if any, its failure to do so will result in a lapse of this condition. Staff recommends approval of the site plan with the addition of the recommended condition. Vice Chair Lee Reynolds opened the public hearing. In attendance representing the petitioner was Gary Rouse, GBC Design, Inc., 565 White Pond Drive, Akron, OH Mr. Rouse is the site plan engineer for Chick-fil-A. A brief discussion of traffic was held. Ms. Ledbetter explained that a traffic study was done at an actual Chick-fil-A in a shopping center very similar to this site to allow staff factual information to base their decisions. Concern about the lack of a traffic light on Lewisville- Clemmons Road at the entrance to the shopping center and traffic flow in the parking area of the shopping center was discussed. Planner Ledbetter stated that the overlay plan would help alleviate many of the Board s concerns in regard to parking lot configuration. Vice Chair Lee Reynolds closed the public hearing. Michael Gautreaux made a motion to accept the statement of conformity as stated in the Staff Report and recommend approval of the zoning request consistent with the statement for Zoning Docket C-213. (Attached hereto as Exhibit B and incorporated as a part of the minutes.) Chuck Houska seconded the motion which was unanimously approved. Michael Gautreaux made a motion to accept the statement of conformity as stated in the Staff Report and recommend approval of the site plan with additional condition prior to the issue of occupancy recommended in the staff presentation consistent with the statement for Zoning Docket C-213. Casey Matuszak seconded the motion which was unanimously approved. Approved Conditions for C-213 are: The following proposed conditions are from interdepartmental review comments and are proposed in order to meet codes or established standards, or to reduce negative off-site impacts. Note: The following conditions were approved as part of the original zoning for the site, F-839. These conditions have been met as a consequence of previous building permits. New conditions are shown in bold italics. PRIOR TO THE ISSUANCE OF GRADING PERMITS: a. Developer shall submit a stormwater management permit for review and approval. PRIOR TO THE ISSUANCE OF BUILDING PERMITS: a. The Health Department shall approve the septic field for the proposed uses. b. Developer shall dedicate 50 feet from the center line of Lewisville-Clemmons Road for right-of-way to the NCDOT. c. Out parcels A and B must have a final development plan approval by the City-County Planning Board and County Commissioners. d. Developer shall submit building elevations for review and approval to the Village of Clemmons Planning Board

7 e. Developer shall complete a recombination of the two outparcels as shown on the site plan and record the plat at the Forsyth County Register of Deeds. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: a. A sign shall be placed at the entrance of Brookland Drive designating it as a service entrance only. b. The developer shall construct a right hand deceleration lane and left turn lane into the main entrance on Lewisville-Clemmons Road and a right hand turn on Lewisville-Clemmons Road at the corner of Stadium Drive. Said turn lanes are to be constructed in accordance with the standards of NCDOT. c. Developer is to install a left hand turn lane on Stadium Drive from Lewisville- Clemmons Road up to a point 100 feet east of the intersection with Brookland Drive. Said turn lane is to be constructed in accordance with NCDOT. d. A 15 bufferyard of screen type A shall be installed where this property abuts residential zoning e. Developer shall submit a stormwater occupancy permit for review and approval. f. Developer shall submit a photometric lighting plan that denotes that no more than ½ foot candle of light disbursement over the property line. g. Developer shall delineate heavy duty truck circulation route on the proposed site plan. h. The developer shall install three landscaped medians in the immediate vicinity shown on the site plan. Exact configuration, size and planting restrictions will be determined in the field by mutual agreement of the developer, the property owner, and the Village of Clemmons, it being expressly understood that the landscape islands will not reduce the existing number of parking spaces in the center, nor materially affect traffic flow. It is further understood that tenants in the center retain certain rights of approval of changes made to the common areas of the center, and while property owner will make good faith efforts to obtain any necessary approvals, if any, its failure to do so will result in a lapse of this condition. OTHER REQUIREMENTS: a. The driveways on out parcel A and B shall be combined, creating only two drives for both parcels on the eastern portion of these sites. b. Petitioner to reserve land for a 60 foot right-of-way for a possible road connecting with Brookland Drive and James Street, including the alignment with Brookland Drive. If a decision is made to construct such a road, the petitioner shall dedicate the right of way to NCDOT. c. Developer shall provide 15 parking spaces in the shopping center for overflow parking requirements for the proposed development. C. Public Hearing for Zoning Map Amendment of Wake Forest University Health Sciences from PB-S to PB-S (arts crafts studio, food or drug store, furniture and home furnishing store, general merchandising store, restaurant (without drive-through services), retail store (specialty or miscellaneous), banking and financial services, funeral home, health services (misc.), medical or dental laboratory, medical surgical offices, office (misc.) professional office, services(personal), recreation services (indoor), theater(indoor) and museum or art gallery) (Zoning C-214). Members Michael Gautreaux and Gail Pritchard advised the Planner they are both employees of Wake Forest Baptist Medical Center but have no personal financial gain for this docket.

8 Planner Megan Ledbetter explained the zoning request and reviewed the revised site plan for the 1.76 acre tract located at the corner of Peace Haven Road and Kinnamon Road that will be an outpatient three operating room surgical center consisting of 12,500 square feet. The petitioner is requesting to rezone from PB-S to PB-S. The facility will have a cross access agreement with the Wake Forest Baptist medical facility for parking and sidewalks along the frontage of Peace Haven Road and Kinnamon Court. The site meets all Unified Development Ordinances requirements. This site can be accessed through Allegacy Way, a right in off Lewisville- Clemmons Road and access from Kinnamon Road. At this time there is also a right in from Peace Haven Road which is an issue. This right in was done as an encroachment agreement at the time the Wake Forest Baptist medical facility was built. We have discussed the problems of tractor trailers and other traffic mistaking the right in for Kinnamon Road with the owner and they are in agreement with staff to close that entry. Initially, the petitioner has agreed to a condition to install a type III barricade at the right in at Peace Haven Road to inhibit construction traffic from using the access at this location. The secondary condition prior to the issuance of occupancy permits is that Wake Forest Baptist Medical Center shall remove the driveway and right in on Peace Haven Road. The road section shall be designed to be consistent with the current cross section on the southern portion of Peace Haven Road. This will assure the new sidewalks and gutters line up with the existing ones. Staff recommends approval of both the zoning and the site plan with the addition of the two conditions. Planning Ledbetter did point out that a segment of road that used to be Kinnamon Road before the roundabout was constructed is to officially be closed. This portion of the old road is not used at this time and will allow the necessary parking spaces and landscaping needed for the surgical center. The petition has been submitted to Village Council to officially close the unused section. Vice Chair Lee Reynolds opened the public hearing. Luke Dickey, Stimmell Associates, 601 N. Trade Street, Suite 200, Winston-Salem 27101, stated they are in concurrence with staff s presentation of the plans. Vice Chair Lee Reynolds closed the public hearing. Ray McDowell made a motion to accept the statement of conformity as stated in the Staff Report and recommend approval of the zoning request consistent with the statement for Zoning Docket C-214. (Attached hereto as Exhibit C and incorporated as a part of the minutes.) Chuck Houska seconded the motion which was unanimously approved. Ray McDowell made a motion to accept the statement of conformity and recommend approval of the site plan including the two additional conditions presented in the staff presentation. Chuck Houska seconded the motion which was unanimously approved. Approved Conditions for C-214 are: The following proposed conditions are from interdepartmental review comments and are proposed in order to meet codes or established standards, or to reduce negative off-site impacts... PRIOR TO THE ISSUANCE OF GRADING PERMITS: a. Developer shall obtain a stormwater management permit b. Developer shall obtain a driveway permit from the Village of Clemmons Public Works Department;

9 c. Developer shall install a type III barricade at the right-in at Peace Haven Road to inhibit construction traffic to use the access at this location. PRIOR TO THE ISSUANCE OF BUILDING PERMITS: a. Developer shall record a final plat in the office of the Register of Deeds. Final plat shall show proposed public street right-of-ways, property lines, tentative building locations and utility easements and public access and maintenance easements for any sidewalk located along public streets which are outside of the public right-of-way b. Developer shall obtain a land disturbing permit through the Winston- Salem/Forsyth County Department of Erosion Control d. Developer shall submit a utilities plan to City/County Utilities for review e. Developer shall obtain a public water supply permit f. As verified by the Village of Clemmons Planning Department the building elevations and dumpster screening shall conform to the Village Point Design Guidelines Developer shall submit brick wall exhibits to be approved by the Village of Clemmons Planning Staff PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: a. Developer shall submit fixture design to the Clemmons Planning Department for review. The developer shall submit a photometric plan submitted by a qualified professional showing that the proposed lighting shall not produce more than ½ foot candle of light at the property line. b. Developer shall obtain a stormwater occupancy permit c. Developer shall record a cross access easement with the property to the west. d. Wake Forest Baptist Medical Center shall remove the driveway and right-in on Peace Haven Road. The road section shall be designed to be consistent with the current cross section on the southern portion of Peace Haven Road. D. Staff Report 1. Next regular meeting date is April 19, There are no new dockets to be heard at the April meeting. The discussion on the update to the Comprehensive Plan will be continued. 2. New Comprehensive Workshop is May 3, ADJOURNMENT Chuck Houska made a motion to adjourn the meeting at 9:00 p.m. Ray McDowell seconded the motion which was unanimously approved. Respectfully submitted: Village Administrative Assistant Chuck Houska, Secretary