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Home My WebLink AboutAgenda 2005 12-05 $*(1'$ î÷åôûîíæ÷êùíçîèãúíûêøíöùíïïóééóíî÷êé ûÉÉ×ÏÚÐÃêÍÍÏî×ÅôÛÎÍÆ×ÊùÍÇÎÈÃôÓÉÈÍÊÓÙùÍÇÊÈÔÍÇÉ× îÍÊÈÔèÔÓÊØéÈÊ××ÈêÍÍÏ åÓÐÏÓÎÕÈÍÎîù 52%(57**5((5&+$,50$1Â:,//,$0$&$67(59,&(&+$,50$1 7(''$9,6-5&200,66,21(5Â:,//,$0$.233-5&200,66,21(5Â1$1&<+35,7&+(77&200,66,21(5 ÂÂ %58&(76+(//&2817<0$1$*(5:$1'$&23/(<&2817<$77251(<6+(,/$6&+8/7&/(5.727+(%2$5' 'HFHPEHUSP 0HHWLQJ&DOOHGWR2UGHU&KDLUPDQ5REHUW**UHHU ,QYRFDWLRQ 3OHGJHRI$OOHJLDQFH (OHFWLRQRI&KDLUPDQDQG9LFH&KDLUPDQ:DQGD0&RSOH\&RXQW\$WWRUQH\3UHVLGLQJ 0HHWLQJRI:DWHUDQG6HZHU'LVWULFW (OHFWLRQRI&KDLUPDQDQG9LFH&KDLUPDQ:DQGD0&RSOH\&RXQW\$WWRUQH\3UHVLGLQJ $SSURYDORI&RQVHQW$JHQGD (67,0$7(',7(062)%86,1(663DJH 7,0(61R SP3XEOLF+HDULQJ 6SHFLDO8VH3HUPLW±5HTXHVWE\&HOOFR3DUWQHUVKLSGED9HUL]RQ:LUHOHVVWR FRQVLGHUD6SHFLDO8VH3HUPLWWRORFDWHDWHOHFRPPXQLFDWLRQVIDFLOLW\¶ PRQRSROH LQDQ55HVLGHQWLDO'LVWULFWORFDWHGDW0LGGOH6RXQG/RRS 5RDG6 SP3XEOLF+HDULQJ 6SHFLDO8VH3HUPLW±5HTXHVWE\:LWKHUV 5DYHQHOIRU7RGG3URSHUWLHVWR FRQVLGHUD6SHFLDO8VH3HUPLWWRORFDWHD+LJK'HQVLW\PXOWLIDPLO\ UHVLGHQWLDOGHYHORSPHQWORFDWHGDW1RUWK&ROOHJH5RDG6 SP3XEOLF+HDULQJ 7:10 p.m. 7:20 p.m. 7:30 p.m. 8:00 p.m. 2. 8:10 p.m. 3. 8:20 p.m. 4. 8:25 p.m. 5. 1.4 Public Hearing Rezoning - Request by Red Wing Aerobatics, Inc. and Greenhouse Properties, LLC to rezone two tracts of land totaling approximately 1.84 acres located at 908 and 916 Pilots Ridge Road from B-2/0&I to R-15 Residential (2-819, 11/05) Break 1.5 Public Hearing Rezoning/Conditional Use - Request by Atlantis Holdings to rezone approximately 24.16 acres of property located at 4649 Carolina Beach Road from R-15 Residential & CD (B-1) Neighborhood Business to CD (B-2) Highway Business & mixed use (2-821, 11/05) Consideration of Annual Review and Approval of Public Official Bonds Meeting of the Water and Sewer District Non-Agenda Items (limit three minutes) Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8:40 p.m. ADJOURN 35 39 59 63 Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 2 ESTIMA TED TIMES 8:10 p.m. 8: 15 p.m. MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ITEMS OF BUSINESS 1. Non-Agenda Items (limit three minutes) 2. Approval of Minutes Page No. 65 3 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval to Change Three Part-Time Ticket Agents to One Full-Time Ticket Agent Page No. 7 9 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQU EST FOR BOARD ACTION Meeting Date: 12/05/05 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Closed Session Meeting, October 5,2005 Regular Meeting, November 21, 2005 Closed Session Meeting, November 21, 2005 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQU EST FOR BOARD ACTION Meeting Date: 12/05/05 Consent Item #: 2 Estimated Time: Page Number: Department: Airlie Presenter: Jim McDaniel Contacts: Jim McDaniel, Fonda Price SUBJECT: Approval to Change Three Part-Time Ticket Agents to One Full-Time Ticket Agent BRIEF SUMMARY: The Airlie Gardens Foundation Board approved funding for a full-time ticket agent on November 15, 2005. This position will enable the gardens to remain open year-round without scheduling conflicts. Presently, Airlie has three part-time agents, two funded by the County and one by the Foundation. This position will be grant-funded by Airlie Gardens Foundation. The position will remain in place until funding ends. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: Explanation: Funding by Airlie Gardens Foundation. ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 This page intentionally left blank. 10 ESTIMA TED TIMES 5:50 p.m. 6:10 p.m. 6:40 p.m. 7:10 p.m. 7:20 p.m. 7:30 p.m. 8:00 p.m. 2. 8:10 p.m. 3. 8:20 p.m. 4. 8:25 p.m. 5. REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS 1.1 Public Hearing Special Use Permit - Request by Cellco Partnership dba Verizon Wireless to consider a Special Use Permit to locate a telecommunications facility (130' monopole) in an R-20 Residential District located at 1219 Middle Sound Loop Road (S-541, 10/05) 1.2 Public Hearing Special Use Permit - Request by Withers & Ravenel for Todd Properties to consider a Special Use Permit to locate a High Density 252 multi-family residential development located at 2200 North College Road (S-539, 11/05) 1.3 Public Hearing Rezoning/Special Use Permit - Request by Biltmark Developers to rezone approximately 36.98 acres of property located at 4403 North College Road from 1-1 Light Industrial to R-I0 Residential and consider a Special Use Permit to locate a High Density 432 unit apartment complex also located at 4403 North College Road (2-810, 09/05 & S-534, 09/05) 1.4 Public Hearing Rezoning - Request by Red Wing Aerobatics, Inc. and Greenhouse Properties, LLC to rezone two tracts of land totaling approximately 1.84 acres located at 908 and 916 Pilots Ridge Road from B-2/0&I to R-15 Residential (2-819, 11/05) Break 1.5 Public Hearing Rezoning/Conditional Use - Request by Atlantis Holdings to rezone approximately 24.16 acres of property located at 4649 Carolina Beach Road from R-15 Residential & CD (B-1) Neighborhood Business to CD (B-2) Highway Business & mixed use (2-821, 11/05) Consideration of Annual Review and Approval of Public Official Bonds Meeting of the Water and Sewer District Non-Agenda Items (limit three minutes) Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8:40 p.m. ADJOURN Page No. 13 23 27 35 39 59 63 Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 11 This page intentionally left blank. 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQU EST FOR BOARD ACTION Meeting Date: 12/05/05 Regular Item #: 1.1 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Linda Keough Item Does Not Require Review SUBJECT: Case S-541, 10/05 Request to consider a Special Use Permit to locate a telecommunications facility (130' monopole) in an R-20 Residential District located at 1219 Middle Sound Loop Road BRIEF SUMMARY: Request by Cellco Partnership d/b/a Verizon Wireless to consider a Special Use Permit to locate a telecommunications facility (130' monopole) in an R-20 Residential District located at 1219 Middle Sound Loop Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval with conditions by a vote of 6-1. The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: iii iii Petition sum S-1 map, s-541 Prelim Staff Su, site plan, 3 pages backup material ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 with conditions and amendments as stated. 13 SPECIAL USE PERMIT S- 541,10/05; Telecommunications Facility (130' Monopole) Request By: Cellco Partnership D/B/A Verizon Wireless Location: 1219 Middle Sound Loop Rd Planning Board Action At the Planning Board meeting on November 3, 2005 the applicant's attorney presented the results ofthe balloon test. One nearby property owner was still concerned with the visual impact as well as the impacts on the adjacent conservation area owned by the County. The applicant agreed to use only flush mounted antennas on the tower that would be light gray in color. This was added as a condition of the recommendation for approval with a vote of 6-1. At the Planning Board meeting on October 6, 2005, one adjoining neigbbor expressed concern with the height of the tower and the visual impacts on nearby properties. Following additional discussion from the applicant about the importance of this location for their service area, Verizon representatives agreed to conduct a balloon test on October 19 to allow Board members and nearby residents to view the projected height at the proposed location. The Planning Board unanimously agreed to continue the item until their next meeting. Preliminary Staff Findings I. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. No water and sewer service will be needed by this communication facility. B. The subject property is not located within a 100-year flood area. e. Access to the facility will be from Dunbar Road off Middle Sound Loop Rd., along an existing driveway. D. The tower will be setback on the site approximately 550' from the road and 55' from the nearest property line. E. The tower compound area (50' x 50') will be secured by a 6' high chain linked fence topped with 3 strands of barbed wire at the top. F. The fenced compound will be surrounded by an existing densely wooded area. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The tower site is zoned R-20 Residential. Telecommunication facilities are permitted by Special Use Permit in residential zoning districts. B. The proposed tower will be in compliance with all FCC requirements. C. All towers, antenna or related structures locating in residential zoning districts shall be located a distance equal to the height of the tower from any residential dwelling as measured from the base ofthe tower. D. The proposed tower (130') will meet all setback requirements. The nearest property line is approximately 55'. E. The nearest residential structure is 180' from the base ofthc tower. F. The tower will be constructed to accommodate one additional provider. G. Natural foliage provides an adequate landscape buffer that is already in place. H. An affidavit has been submitted by the applicant verifying the need for the placement of a new tower facility. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Similar type facilities exist in other residential districts in New Hanover County. B. Expansion of wireless telecommunication services can enhance emergency communication during severe weather situations. 14 e. No evidence has been submitted that this tower compound will decrease property values or exist as a health hazard to residents who live nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 1999 Land Use Plan identifies this area as Resource Protection. B. No County regulated conservation or historic resources have been identified on-site. However. County property purchased for the Conservation of Water Quality adjoins the site on the north and east. 15 Petition Summary Data Case S-541, 10/05 Owner/ Petitioner: Nortel Networks Existin2 Land Use: Vacant Ori2inal Zonin2: Area 3 (May 18, 1970) Land Classification: Resource Protection Potable Water Type: N/A Sewer Type: N/A Recreation Facility/Area: N/ A Traffic Volume: 914 ADT near Middle Sound Loop & Dunbar Road (Apr, '03 MPO Data) Fire District: Ogden VFD Watershed and Water Quality Classification: SA, Pages Creek Aquifer Rechar2e Area: Shallow Watertable Couservation / Historic/Archaeolo2ic Resources: No historic or archaelogical resources located on site Soils: Leon soil (Class III) & Seagate (Class II) Buildin2 Suitability: Class III=Severe Limitations Schools: N/A 16 " '0 a. o Ii :2 -a. ~:c 1ij~ ~c 1:: co.. co -. c: Q. en :g~,g3~ - ..rl=_ . o Q..'i:~~ ~ ":~E~5.w t ~r;~5'i% ~~ ~'-u'-> (,) 10 ~lVa... J v.I ch:~~2. '8 .c .. ;i ~ Q <: (/) ~ ~ 8 -g ~~~(/) ~ Gl . . Cl. . j 1.1 17 rn lli !i! ~vJ ~ :, ()~ U S~ ~~~a .~~ ~~~EI~j ~~ ~I j I '" g~ Ill!!';];!;"';"';" oV)~ Il'llD;!1O ~~~ ~U<.,uo "'IE 18 i:!1!' i~ 0" "'2 ~" m ~~"'15i:!P :ZO~~:ig ~bri:lI3'" !5~~~~~ "'. ., n.g~ e 2 :J ~ ~=~ i:a z ~II ~ ~ j~~ a ~ ~ II ~'l ~[-- ~ ~ 0:: i~-- ~ ~ ~'-- C)~ Zw z> ow Nrt: ~ ~ I~I lil~11 ~ ~ ~j IlfJi~ nlO-c.f ~ IUI~ :Bl~ " Z'" Fill "':0 13~ Iii \Y !I; <5 r:rof= 0."''' .....15 ~" 0", ,,0.0 i'~~ B~~ ~ ~;:S2fi' ~:51~ ~g~ili ha! 0. . ~~~ ~~; <>-:0 ~~~ ~ffi~ 0.i1j0! ~~~ F"':J Ill'" 8& '" 0. ~ ~ ~ U) I~ 0 II ~ ~~131 01 ..JolS< I ~I-~ ,.. f w::Jw U f >~(/) ~ i ~ 0:5 I~ J CIl lo:: <.J ii1i I- W U) ll:: w ~ 1-8 all; 1-'- :;)~ ~ W I- en ...J ..J i2 ~ o 8 l'l ~ ~ is t; ~ " o ~ <> z ~ ~ g ~~ 13 as~ 1ii ~~ ~ ~~ ~ "'z Z ~~ 0 LJ I!''' ~ ~~ ~15 ~ ~~ !,!C ~ 15'" ~T ::'i ll:~ ~r::~~ ffii5 ~~i~ ~~ ~~~~:g~8 ~tt:a::o~z~ ...:~~...:~~~ a " " ;0 '" '" ~ u ~ '" ~ -< ~ ~ o ~~ !.E~ ffil!!. ~ ~~ ~..:t2 -IMU114 IC~ It iOOt '110 ells La OIllp'S,arONnOS me -~ Chase REAL ESTATE SERVICES August 31, 2005 New Hanover County Planning Department 230 Market Place Drive Wilmington, NC 28403 RE: MIDDLE SOUND ZONING MATERIALS FOR NEW HANOVER COUNTY, NC- APPLICA nON FOR SPECIAL USE PERMIT - SUPPLEMENTAL INFORMATION Dear Sir/Madam, Our Company, Chase Real Estate Services, provides site acquisition and related field services to Verizon Wireless. We are responsible for the subject search area. In that regard, our personnel reconnoitered the coverage area for existing structures such as towers, water tanks, or tall buildings that would be viable for a telecommunications collocation and we found none. Verizon Wireless' radio frequency engineer visited the subject search area and confirmed the need for placement of a proposed tower due to lack of any viable collocation options. Sincerely, ;}r;iI ~ Bill Amann, Chase Real Estate Services on behalfofVerizon Wireless 1617 East Boulevard. Charlotte. North Carolina 28203 . tel (704) 333-3373 . fax (704) 333-4410 19 -'\! Chase REAL ESTATE SERVICES MEMO To: Gary Pennington From: Bill Amann Date: October 20 f 2005 RE: Middle Sound search area The search area is within New Hanover County's zoning jurisdiction and is comprised of R-20 and R-1S districts. Field visits and assessment of maps and other information eliminated most residentially developed property (single family homes) or property thought to be slated for residential development (new sub-divisions). The prime prospect within the search area was a County water lift station site in the vicinity of 1403 Middle Sound Loop Road. We outlined a proposal with Greg Ferguson and the engineering department subsequently provided a site map identifying disturbance and wetland areas to be avoided at the site. We conducted a site visit and got as far as reviewing deed/title materials when we discovered a restrictive covenant from 1974 referenced in a 1999 deed that prohibited commercial use on the New Hanover County Water and Sewer District subject property. We confirmed with a County attorney that the site would not be available for shared use with a telecommunication facility as proposed. We had initial interest in the Peterson farm property and treated it as a back up, but there were reservations concerning an appropriate site location on the property. There were issues with the site being too close to the road, too close to equestrian operations, or too close to adjoining residences. The alternative site and the one ultimately selected was the site on the other parcel of Peterson property located off Dunbar Road. The site had the advantage of being a deep lot so that the monopole could be situated back from the road. There was also a significant amount of existing tree cover that would serve as a natural buffer. Our focus was to avoid properties within existing or proposed subdivisions and to instead locate a parcel with sufficient size, dimensions and/or location that would be appropriate for a cell site. I would note that there was a horse farm and stable (Little Paradise Farm) outside the search area that was given consideration early on, but the location was questionable from a performance standpoint and the property owner was not interested when contacted by our field agent. 1617 East Boulevard, Charlotte, NC 28203 Phone 704.333.3373 Fax 704.333.4410 E-mail jyeagley@chase-services.com 20 Mechanical specifications Length 1238 mm 48.75 in Width 154 mm 6.06 in 80 mm 4.5 kg 3.15 in Depth 4) Weight Wind Area Front 0.191 m' 2.0S ff Side 0.099 m' 1.07 ft' Rated WindVelocity (Safety factor 2.0) >322 kmlhr >200 mph 10.0 Ibs Wind load @ 100 rI1ph (161 kmlhr) Front 288 N Side 170 N 65 Ibs 38 Ibs Antennac:o~i8finll.of al\Jl1'llnum allay with brass feed- lines cowrtld by a UV$8f$ fibllrglass radome. Mounting &. DQwntilting: Wall mounted or POle tower mount with mounting brackets. Mounting bracket kit #26799997 Downtilt bl'ilcket kit #:26799999 The downtilt bracket kitinc\udes the mounting bracket kit. Ele~tricati$pecifications F~ue/lc:y Rl!nge 1850-1990 MHz Impedance SOO 3) Connector NE, E-DIN 1) VSWR ,;;1.4:1 Polarization Slant :t 4S. 1) Isolation Between Ports < -30 dB 1) Gain 18.S dBi ') Power Rating 2S0W 1) Half Power Angle H-Plane 60. E-Plane 7" 1) Electrical Downtilt O' 1) Null Fill 5% Lightning Protection Direct Ground Patented Dipole Design: U.S. Patent No. 6,597,324 82 11 Typical Values · Power Rating Dm~ed by connector only. · NE indicates an elongated N Connector. E-DIN indicates an elongated DIN Connector. · The antenna weighllisted above does not include the bracket weight. ImprlV8lD8.11 to .........Ic...nd/orel.ctrlcal......ISIlI... .,tIIo ..Io..'IIIlIJ'. made wIlbout DOIlce. BXA-185060/8CF Radiation-pattern 1) Horizontal _110.100 -90 -80 -120 -130 .',(0 -150 .1130 -170 180 170 180 15Cl When ordering. replac;e '_' with connector type. 10 130 120 110 100 90 80 70 Vertical Radiation patterns for all antennas are measured with the antenna mounted on a fiberglass pole. Mounting on a metal pole will typically improve the Front-to- Back Ratio. CF Denotes a Center-Fed Connector. I ~:~U' 19()H IVllI./ -10 10 ~,"'" ~ .' Amphenol Antel's Exclusive 3T (True Transmission Line .. Technology) Antenna Design: . Watercut brass feed line assembly for consistent performance. . Unique feedline design eliminates the need for conventional solder joints in the signal path. . A non-collinear system with access to every radiating element for broad band- width and superior performance. . Air as insulation for virtually no internal signal ioss. Every Amphenol Antel antenna is under a five-year limited warranty for repair or re- placement. Antenna available with center-fed connector only. ---- AAmphenol r\~~~!~ll!~ Revision Dale: 8/23/04 1300 Capital Drive Rockford, IL 61109 Toll-Free (888) 417-9562 Tel. (815) 399-0001 Fax. (815) 399-0156 Email: antel@antelinc.com www.antelinc.com 21 This page intentionally left blank. 22 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQU EST FOR BOARD ACTION Meeting Date: 12/05/05 Regular Item #: 1.2 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case S-539, 11/05 Request to consider a Special Use Permit to locate a High Density 252 multi- family residential development located at 2200 North College Road BRIEF SUMMARY: Request by Withers & Ravenel for Todd Properties to consider a Special Use Permit to locate a high density 252 multi- family residential development located at 2200 North College Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval to downsize the project to 204 units by a vote of 7-0. The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: iii iii Item 1.2 Petition SUl1 map Item 1.2 s-539.doc SSitePlan ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved Special Use Permit with 204 units 5-0. 23 SPECIAL USE PERMIT S-539, 11/05; High Density 252 unit multi-family residential development Request By: Withers & Ravenel for Todd Properties Location: 2200 North College Rd south of Murrayville Planning Board Action At the November 3, 2005 Planning Board meeting several people from the adjacent neighborhood spoke against the project and the increased traffic and congestion that would be created at the Murrayville Rd intersection. The applicant agreed to reduce the number of units to 204 and the Board unanimously recommended approval. Additional modifications may also be necessary to reflect recently adopted changes to the Thoronghfare Plan. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the pnblic health or safety where proposed and developed according to the plan as submitted and approved. A. Water and sewer service is currently available to the project. B. The subject property is not located within a 100-year flood area. C. Access to the facility will be from North College Rd, a major arterial, and Murrayville Rd. D. Fire Service is available from the Castle Hayne YFD. E. Turning Lanes and signal improvements as required by the TIA will be completed in accordance with NCDOT. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-l 0 Residential. High Density Residential is permitted by Special Use Permit in residential zoning districts in accordance with certain performance criteria. B. The 204 units proposed are less than the maximum 348 units allowed. C. Parking, Building Height and Impervious coverage satisfy the County requirements D. Wetlands and COD areas have been preserved. E. Buffer yards and setbacks have been shown on the plan. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby, 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 1999 Land Use Plan identifies this area as Urban Transition which allows for higher density development. B. The property adjoins a Commercial Center, 1-40, and an R-I 0 residential development. 24 Petition Summary Data S-539,11/05 Owner/Petitioner: Withers & Ravenel for Todd Properties Existin!?: Land Use: Vacant Ori!?:inal Zonin!?:: July 7,1972 Land Classification: Urban Transition Water Type: Public (located nearby) Sewer Type: Public (located nearby) Recreation Area: Wrightsboro Access and Traffic Volume: 37,115 ADT near Market & Porters Neck Rds (April, '03 MPO Data) Fire District: Ogden VFD Watershed and Water Quality: SA, Pages Creek Aquifer Rechar!?:e Area: Primary Recharge Area Conservation/Historic/Archaeolo!?:ic Resources: No historic or archaelogical resources located on site Soils: Leon Soil (Class III) Soils Septic Suitability: Class III = Severe Limitations Schools: Ogden & Eaton Elementary 25 ~ ............. ... .. ......... ...... .. M Ot-I ill 3 Ot-I u E VI ii c ct:"i CC ~~ VII;. .. ~GlJ II) '" C I! :l ~ ~ ~~ i ::';~~E cn~~'!~ fri .~~~~ en :~~~ ~ Z ::1 o <= c1j ! (3 '0 -g .~ ~ ~ :-::- ..J .., 0) '" '" ch ~ '" ~ I~ !W~ !~ I if' li Ul ii!,'I ,::>~ :~!"' , ,~It ~ '~::t: 0::10 ,~8:::i 8 z I Ul ~'Ul ':l<c'o: !~:< I '!:1!O ~ ~ ~! :i~i~:m!~'~ ~ ~ ~ ~ '~~ n ,,!lii,l~ j g'l ~ ~ ~'~g8:~:!~'~g ~ ~ ~ i 5 '!lg~;!",!2 '!l ~ ~ ~:l ~~ ~T~i , ~ 26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQU EST FOR BOARD ACTION Meeting Date: 12/05/05 Regular Item #: 1.3 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-810, 09/05 & S-534, 11/05 Request to rezone approximately 36.98 acres of property located at 4403 North College Road from 1-1 Light Industrial to R-10 Residential and consider a Special Use Permit to locate a High Density 432 unit apartment complex at 4403 North College Road BRIEF SUMMARY: Request by Biltmark Developers to rezone approximately 36.98 acres of property located at 4403 North College Road from 1-1 Light Industrial to R-10 Residential and consider a Special Use Permit to locate a High Density 432 unit apartment complex, also located at 4403 North College Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval of the rezoning petition and special use permit, with conditions, by a vote of 6-0. The County Commissioners may approve or deny the rezoning petition. If the zoning is approved the County Commissioners must approve, or approve with conditions, the accompanying special use permit. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: iii iii Z-810 Pet Sum Item 1.3 Z-810 Staff EO,S-534PreIStaffFindings, 1 map 2 site maps ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The rezoning request was approved 5-0. The Special Use Permit with conditions was approved 5-0. 27 CASE: Z-810, 09/05; PETITIONER: Biltmark Developers REQUEST: 1-1 Light Industrial to R-I0 Residential ACREAGE: 36.98 LOCATION: 4403 North College Road LAND CLASS: Urban Transition - The purpose of the Urban Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. PLANNING BOARD ACTION In regular session on November 3, 2005, the Planning Board recommended approval to rezone approximately 36.98 acres from 1-1 Light Industrial to R-I0 Residential. The Board also recommended approval of the Special Use Permit request for a High Density 432 unit apartment complex with conditions. The vote by the Board was unanimous on both requests by the petitioner. Several residents from the Northchase neighborhood that live on the west side of the subdivision expressed concerns ranging from traffic to stormwater drainage impacts. ST AFF SUMMARY The petitioner is requesting a rezoning of approximately 36.98 acres of property from 1-1 Light Industrial to R-1 0 Residential. The rezoning of this property to 1-1 occurred in December, 1994 and has been vacant since then. Since the mid 90's, a number ofland use changes have taken place near the property. Adjacent and north of the site is the 1-140 Wilmington Bypass scheduled to open in the next few months. To the south is Northchase development that is zoned PD and contains a mixture of light industrial land uses along with several commercial/retail type uses. Located nearby and to the east of the site is the new Cape Fear Community College north campus. Growth in this area has been fueled by public water and sewer and the anticipated opening of the 1-140 Bypass. Given the fact that this property has been zoned I-I Light Industrial for the past 10 years with no land use activity to date, it appears reasonable for the petitioner to request a rezoning to R-I O. With the close proximity of the new Bypass and community college, existing residential neighborhoods and shopping located nearby, the demand for residential housing may be greater than the present zoning classification dictates. As stated, the 1999 Land Use Plan identifies this area near the ]-140 Bypass as Urban Transition which provides for intensive urban development. Public water and sewer is available nearby. Given consistencies in the Land Use Plan for growth and development in this area and available access located nearby, staff recommends approval. 28 SPECIAL USE PERMIT S-534, 11/05; High Density 432 unit multi-family residential development Request By: Biltmark Developers Location: 4403 North College Rd, south ofI-140 Planning Board Action At the November 3, 2005 Planning Board meeting several nearby residents spoke about the drainage problems in Northchase and were concerned with any increased run-off. The applicant responded to those questions and the suitability of the property for higher density. The Planning Board agreed with the conditions suggested by staff and unanimously recommended approval. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water and sewer service is currently available to the project. B. The subject property is not located within a IOO-year flood area. C. Access to the facility will be from North College Rd, a major arterial, and Northchase Parkway to a signalized intersection. D. Fire Service is available from the Wrightsboro YFD. E. Turning Lanes as required by the TIA will be completed at the Northchase Parkway site access in accordance with NCDOT. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-l 0 Residential. High Density Residential is permitted by Special Use Permit in residential zoning districts in accordance with certain performance criteria. B. The 432 units proposed are less than the maximum 628 units allowed. C. Parking, Building Height and Impervious coverage satisfy the County requirements. D. Wetlands areas have been preserved. E. Buffer yards and setbacks have been shown on the plan. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residences or commercial uses nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area 29 30 in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The] 999 Land Use Plan identifies this area as Urban Transition which allows for higher density development. B. The property adjoins the Commercial and Industrial part of the Northchase Planned Development, and the interchange at 1-140 and 1-40. Suggested Conditions 1 - Boat/Camper storage should be located away from view. 2 - Landscaping and tree planting along the 3000' offrontage along the bypass and ramps to visually screen the project and any site improvements from those highways. (Section 67-10). 3 - Eliminate Billboard sign. 4 - Retain adequate setbacks and buffering on site from existing Commercial & Industrial uses in Northchase to accommodate the PD District. Petition Summary Data Case: Z-8l 0, 09/05 Owner/Petitioner: Biltmark Developers Existing Land Use: Vacant Zoning History: Area 8B, July 7, 1972 Land Classification: Urban Transition Water TyPe: Public (located nearby) Sewer Type: Public (located nearby) Recreation Area: Castle Hayne Park Traffic Volume: 11,139 ADT near N. College & Sidbury (June, '04) Fire District: Wrightsboro VFD Watershed & Water Quality Classification: Prince George Creek C (SW) Aquifer Recharge Area: Shallow Water Table Conservation/Historic/ Archaeologic Resources: No historic or archaeological resources located on site Soils: Leon soil ( III), Seagate (II), Murville (III) Septic Suitability: Class III = Severe Limitations Schools: Blount Elementary School District 31 " N ..!. " ... ..!. ~ ~~----- -- /~I(/---- \ /v......J/ ~ --~---_..---"~ - ,/'/' __BYPASS 17 '~ ~,~ ~ o 32 I I L Cl ~ i~~"' ~ i!~;l ~ hg~~ .fJ) I- I I I ----- 33 This page intentionally left blank. 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQU EST FOR BOARD ACTION Meeting Date: 12/05/05 Regular Item #: 1.4 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-819, 11/05 Request to rezone two tracts of land totaling approximately 1.84 acres located at 908 & 916 Pilots Ridge Road from B-2/0&1 to R-15 Residential BRIEF SUMMARY: Request by Red Wing Aerobatics, Inc. and Greenhouse Properties, LLC to rezone two tracts of land totaling approximately 1.84 acres located at 908 & 916 Pilots Ridge Road from B-2/0&1 to R-15 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 6-0. The Planning Board also recommended additional property owned by the Pilots Ridge HOA be rezoned. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: iii iii Petition Summary Data Z-819 Staff Summc,1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 35 CASE: Z-819, 11/05; PETITIONER: Red Wing Aerobatics & Greenhouse Properties, LLC REQUEST: B-2/0&I to R-15 Residential ACREAGE: 1.84 LOCATION: 908 & 916 Pilots Ridge Road LAND CLASS: Limited Transition - The purpose of the Limited Transition class is to provide for development in areas that will have some services, but at lower densities than those associated with Urban Transition. PLANNING BOARD ACTION In regular session on November 3, 2005, the Planning Board recommended approval of the petitioners' request. The vote by the Board was 6-0. The Planning Board also recommended that additional property owned by the Pilots Ridge HOA be rezoned. No one present at the meeting spoke in opposition. STAFF SUMMARY The petitioners' request consists of two tracts ofland (total 1.84 acres) located in the southwestern corner of Pilots Ridge Road and Carolina Beach Road, The petitioners' request involves consolidating two different zoning districts (B-2 & 0&1) into the adjoining R-15 Residential District. The B-2 Highway Business District classification on the subject properties is a part of the original zoning (April, 1971) that extended south 2200 feet from the southern right of way of Golden Road parallel to Carolina Beach Road to a depth of300 feet. Subsequently, there have been some revisions to the original zoning in the area to accommodate the Food Lion Shopping Center and to add additional B-2 zoning on the east side of Carolina Beach Road. Some of the commercial frontages were also eliminated. In 1998, there was a petition to the existing B-2 District on the northern corner of the Pilots Ridge Road intersection which ultimately was rezoned to 0&1 Office and Institution. This 0&1 District is now owned by the New Hanover County Board of Education. The petitioners' request makes logical sense. As mentioned, both tracts of property have remained vacant as B-2 and 0&1 districts. However, in the 1998 petition for the opposite corner, staff recommended that the Board consider rezoning a portion of the subject property to 0&1. The 0&1 designation would allow professional office type uses as a transition into the Pilots Ridge neighborhood but would not preclude residential development. Recent litigation over the Restrictive Covenants on the property has confirmed the limitation for residential uses only. Staff continues to support residential use of the property and County policies, which discourage commercial uses from extending into residential neighborhoods. Staff also recommends that the adjacent property owned by the Pilots Ridge HOA also be rezoned to R-15 Residential. 36 Petition Summary Data Z-819,11/05 Owner: Red Wing Aerobatics, Inc. & Greenhouse Properties, LLC Existin2 Land Use: One Residential Home Ori2inal Zonin2: Area 4 (April 7, 1971) Land Classification: Limited Transition Potable Water Tvpe: Public (Located nearby) Sewer System Tvpe: Public (Located nearby) Recreation/Facilitv/ Area: Veterans Park Traffic Volume: No Traffic Data Located Nearby Fire District: Myrtle Grove VFD Watershed and Water Qualitv: Lords Creek, C (SW) AQuifer Rechar2e Area: Shallow Water Table Conservation/Historic/Archaeolo2ic Resources: No historic or archaeological resources Located on site Soils: Leon soil (Class III) & Rimini (Class I) Soils Septic Suitability: Class III = Severe Limitations, Class I Suitable Schools: Bellamy 37 j (1:J=1'-td!~t2ttA~_ I J lI'I ~ ~\-_ ='- :1;1p~= e- :sll\\~;-- IC-~l;; =e- ~ I; '--I!J~=~' _ I J " ~~ ~ C=- ~~~~~ rt::~= =L - ::: ~ ..--......,- -- , 'I =71 0 _ / c.::::lj~ ~ ~ /1-.[ _::: I" 1 ! ~f5.. ~\ <a~ 7 17ft>.::: ~L-" 1/ , ~~ ~\ ~ m ~=i~J :::::: ( ~ '" VI ~ .,s:-<" t--g ~ q' _ _ ~ i ,. ~ ! ",' ~ L ,.\ -\~r-~ ~~'=~ =-L_~~~iE~==~ ~ :!./~ m ~ t~ - ~~CHRDr;-rc I-- ' "l 0 =---fC~ ' I f-- I -".~~:=:=l= -n J I ~~I\~I--PJ~~~ ~l~~ ~n_F!~~j i q I-- '-~ ' d; -\\p-\~~" \\_ ~ I LJ ITI I II _ _ ___\,'_, ~ \_'=. ~ "~t ,,~~: [Ij] L ,\~ 717i ,--\1 9~-lI' N I \~~ '[[] ~ "'- '., -A"d'l.'"OW3I'1'ND18ne^","__ '"-~NVS D~~ ?---/, ~f--- '-',5'" __"_- rJ,k S1~ l=r I ./ ~rrrn ~ _ K:~ -:2 - -W---- l L Irrrn K / / / Y\ v == ffiHfB.~""DR~ - ~[!IIJ - :Y~ ,\ -- L- /' /' I- I-- rrrn I-~ I-- rrrn I"-- -- f-- - -=89 "O,lAV8f l '--, f - -=- I I ~= am I T 1 T~::::::::- '- ~ M "!~ "' " ~ <0 1\t: ! v! I I ]\:= ~ I' --- g ~~ I g~ -~ a.a 0> I z' J: I ~ i~~ ~.~~ j I ~81~ ~~I ~ ~J1~ llilliU~ ~~ w ~I~ ~I~ ~ ~!I ] == ~ ~ ~ ~~ ~ ~ ~ !ill~ " ~ ~ I~ ] ~ ~ ~ ~ ~ ~ ~ ~ IW ~ I~ ; ~ ! i8 ,=: ~ f-- r :: ~~ ~ "~j 0 ~ g ~I~ ~ ~ ~I~I- f{jjjJ ... cn-.c . II ~ zlrc ~ 3: ~ Z!bl_ -c--L-L, J..... 10'1 .6 lij i - ;.. -< ~ ~ ~ Ie:@,f'!e: It -~~"~rnQ-QOPM"8'"lr~ .... ".2..' ., " w '" z I", a: ,w W I- CIO 2 iiG , ~ 111 " f N &~alI '" n---1b~1i--=1-== _ I L f--- f--- L- m - - - lI'I .... ri: - /""- 1\ 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQU EST FOR BOARD ACTION Meeting Date: 12/05/05 Regular Item #: 1.5 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-821, 11/05 Request to rezone approximately 24.16 acres of property located at 4649 Carolina Beach Road from R-15 Residential & CD(B-1) Neighborhood Business to CD(B-2) Highway Business & mixed use BRIEF SUMMARY: Request by Atlantis Holdings to rezone approximately 24.16 acres of property located at 4649 Carolina Beach Road from R- 15 Residential & CD(B-1) Neighborhood Business to CD(B-2) Highway Business & mixed use. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval with a vote of 5-0. The Board also recommends that parcels 9 and a portion of parcel 12 as displayed on the zoning site map, and also owned by Atlantis Holdings, be included in the zoning petition. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: iii iii iii Addendum Z-821 Z-821 Staff Summc petition sum. Z-1 map site plan, 1 narrative ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Rezoning to B-1 approved 5-0 (including appendage). Conditional Use Permit approved 5-0. 39 Proposed ADDENDUM To Special Use Order for Case: Z-760, 11/04 and further revised for CD(B-2) 12/05, Z-821 If the proposed revisions are approved an addendum will be prepared to amend the findings offact for the signed Special Use Permit Order. The following Findings will be changed as noted. Any additional conditions adopted by the Board of Commissioners will also be listed on the Order. 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the fo] lowing FINDINGS OF FACT: A. The subject property is located within the Myrt]e Grove VFD. B. The site has direct access to Carolina Beach Road and St. Andrews Dr. C. The proposed project will be served by County Sewer and City Water. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A site plan, which meets all of the requirements of the Ordinance, has been submitted and reviewed. B. The site plan shows 18 commercial buildings totaling approximately 290 square feet. C. A list of proposed uses is shown on the site plan. All proposed uses are permitted within the B- I Neighborhood Business District except movie theaters, hotels, and residential. D. Sufficient area to accommodate the required landscaping and buffering is shown on the site plan. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. One parcel within the rezoning area has been zoned and used for light industrial purposes since ]985. B. A traffic Impact Analysis has been submitted and the recommended roadway improvements have been incorporated into the plans. C. The proposed neighborhood business plaza can be utilized by the existing neighborhoods on the southwest side of Carolina Beach Road and by the developing Johnson Farm neighborhoods. D. The proposed landscaping and buffering areas are adequate to protect adjacent properties. 40 E. The roadway design incorporates traffic calming measures to discourage cut through traffic while allowing interconnectivity. F. Road stubs shown for future connection should improve some existing traffic problems for nearby residents. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is classified as developed by the New Hanover County Comprehensive Plan. The purpose of the developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. B. Policies in the comprehensive plan promote location of commercial services in close proximity to the markets they serve. The proposed project can serve two large residential areas and the road configuration allows for a new connection to serve other residential areas along St. Andrews Drive. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1. All other applicable federal, state and local laws. 2. The "Convenience Food Store" Use and the "Automobile Service Station" Use shall require approval of an additional special use permit. 3. The St. Andrews Dr. connection should be completed prior to 50% occupancy. 4. Significant trees need to be identified and retained along road frontage. Ordered this 7th day of April 2003 and further amended on 41 Petition Summary Data Case Z-821, 11/05 Owner/Petitioner: Atlantis Holdings Existine: Land Use: Residential Zonine: History: (Masonboro) Area 9B (July 1, 1972) & October 15, 1969 & Area 4 (April 7, 1971) Land Classification: Developed Water Tvpe: City Sewer Type: County Recreation Area: Arrowhead Park Access and Traffic Volume: 35,447 on CBR North o[S1. Andrews Dr. (2004 ADT) Fire District: Myrtle Grove Watershed and Water Quality: Barnards Creek C (SW) Aquifer Rechare:e Area: Primary Recharge Area Conservation/Historic/Archaeoloe:ic Resources: None Soils: Baymeand, Seagate & Lynn Haven Septic Suitability: Class I (Suitable), Class II (Moderate Limitations) & Class III (Severe Limitations) Schools: Pine Valley & Codington Elementary 42 CASE: Z-821,11/05 APPLICANT: Atlantis Holdings, LLC REQUEST: CD (B-1) Conditional Use Neighborhood Business & R-15 Residential To CD (B-2) Conditional Use Highway Business ACREAGE: 24.168:1: Acres LOCATION: The 4600 Block of Carolina Beach Road Across from Silva Terra Drive LAND CLASS: Developed - The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. Urban services are already in place or scheduled within the immediate future. Density may exceed 2.5 units per acre within the developed class, depending upon the specific zoning. Planning Board Action At the November 3,2005 Planning Board meeting one neighbor spoke about some existing traffic issues on an adjacent street. Board members were complimentary about the use of traffic circles as traffic calming devices in the design. The proposed connection to St Andrews Drive should also improve traffic flow for the area. Following additional discussion from the applicant and his consultants, the Planning Board unanimously recommended approval including the parcels in the appendage to the north. STAFF SUMMARY: The petitioner is requesting a revision and expansion for an existing Conditional Use B-1 Neighborhood Business District. The basis for the revision from CD (B-1) to CD (B-2) is the acquisition of adjacent property to the north and some minor changes to the approved the list of uses. In addition to the change of zoning district classification, the petitioner is asking to expand the Commercial portion of his project by approximately 11.4 Acres for a total of approximately 24 acres. The majority of the proposed uses are still within the neighborhood B-1 Classification except for a movie theater, hotels and residential. The additional acreage allows the flexibility to address the main street design with building fronts while hiding the parking from the traveling public. The property is located at an existing controlled intersection on the northeast side of Carolina Beach Road across from Silva Terra Drive south of St. Andrews Dr. It is approximately 1.2 miles from the developing commercial node at Monkey Junction. As part of the original approval the applicant is developing plans to improve the signalized intersection to accommodate expected traffic. The applicant has also finalized plans to complete the road connection to St. Andrews Drive. The conditional use site plan is presented and designed in the context of a larger development that would incorporate a variety of housing types. The road configurations within the project create a desirable connection between Carolina Beach Road and South College Road, which interconnects this project with the Johnson Farm Development. The project will also serve the existing communities in Silva Terra as well as several apartment complexes and multi-family developments along St Andrews Drive. The applicant has worked with NCDOT to develop suitable standards to incorporate traffic circles as calming devices to discourage high speed cut through traffic on Pine Hollow Drive and the plan shows sidewalks and street landscaping to encourage pedestrian access from nearby neighborhoods. The subject property is located in the Developed land Classification and is within the urban services boundary. Policies in the Comprehensive Plan promote development in these areas. Other policies in the Plan support locating commercial services in close proximity to the markets they serve 43 and support mixed use development in undeveloped areas to reduce dependency on automobiles, while preserving valuable natural resources including open space. The Comprehensive Plan also supports providing street connectivity to reduce impacts of traffic on our major thoroughfares. The proposed project accomplishes the Comprehensive Plan objectives and provides desirable traffic improvements to the area. Staff Recommends Approval. 44 / / ./ ~ o t.l oil :!! Ii: c 'iij C. 'C o 'tl 0 l: 0= CI> Ql CI> ...J III a; g' CI.I :0 ::> 0 ~ ~ Ln:8 E S2 =g ,!!! .... 0 <( ~ ~CF ~ rr- .5 e. 5 &:l sfl~ N ~2< 45 .- -:::::':'~.:,~~,-: 1?Ullo.Hl:) l[poN 'U01:J'U)W[l}i\., i. ~ l ~ · I _'UI:'.""O'" ~ '~d.O' P,=oH P;;~ldliJ;p~a;t~I~H It: ; : 8 :=J i c c.~. . P!i/ -'ILlI./ , --- J)" ~ (\ ~z HLcuN__+. . ~ ---P .. IS : i!~ ~ ~ ~:S~ I~ '. =f~~ ~ - if ~ .. ~" ~. 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''<\\) 4. ~~~, ' \ \ / ~. ~ .." i > \, ~/,. ./''';/ 1>''/~ ~. //~I.fP .".// ~(li..'* ... ~/ -:?~' ... '" ~ , . ('--- .... ~ . -------~"..~ '--------- ...- ;"... .~/~ ,; 'C_~~ ,,- I N .~~~.-----A .~~ 'I ~ ~ II ~ i~ : ~~ 'i' ;~ to'!t: ~ V. /-;;;- ,/ . . /" ;/;,..- v~ f~"/~/ ~",-~.i ~/'.(;iPv V ." If) ,.~ " ... ~ 'i?-~<..,'r- .--,,-- ~ " i-S " E~ i_ " ,~ ~~~ b ,\'; " ~. jUDIln<U"u6!'OO Ja".Julluo'<>r 46 Narrative Belle Meade Plaza October 6, 2005 This 24.168 acre site is zoned (CD) B-1 and R-15. The area is included in the Developed Land Classification with access to County sewer and City of Wilmington water. The site plan includes 18 commercial buildings with a total of290,536 sq. ft. The number of parking spaces required and provided has been shown on the Area Use Table on the master plan. Also, 26 potential uses have been listed on the site plan, which represent approximately 30% of the 85 uses permitted in the B-2 zone. The required permitting is completed and sewer line and water extensions are in place for the existing (CD) B-1 zoning. The storm water control for the entire site is approved and being implemented. No wet lands exist. Although sidewalks are not required in the County, we have included 5' wide concrete sidewalks along both sides of Pine Hollow Drive extension, Matteo Drive and Sikes Drive to promote pedestrian activity and alternative transportation modes. In an effort to create a more attractive streetscape along Carolina Beach Road, the commercial town center, and Matteo Drive, the buildings front on these three streets, with parking provided on the back and sides of the buildings. The site plan reflects street improvements called for in the TIA, including major improvements at the traffic signal and across Carolina Beach Road at Silva Terra Drive. The developer has also obtained access to Saint Andrews Drive via Sikes Drive Extension, addressing traffic "safety risk" concerns at Saint Andrews Drive and Carolina Beach Road as well as concerns regarding cut through traffic on Pine Hollow Drive. When looking closely and objectively at this particular project, its sensibility becomes very familiar. Belle Meade Plaza's master plan and its foundation are firmly grounded by many of the mandates set forth by the County and The City's directives outlined in the Land Use and Urban Design Policy Text. Belle Meade Plantation (a single family, 52 lot community located at the north end of Pine Hollow Drive) embraced the preservation of a historic homestead dating back to 1823. These low country homes and their 47 streetscapes feature traffic circles designed to serve as traffic calming devices. These round-a-bouts are the first approved in the New Hanover County public street system. Center islands down the middle of Pine Hollow Drive Extension (the accomplishment of builder/developer, John Galarde) are also a first and add to the project's unique streetscape. The back alley design of the community dramatically lowers the number of ingress and egress points throughout the design. The alleys and sidewalks present on both sides of the road are conducive to pedestrian activities, not limited to an evening walk to the nearby shopping center for ice cream or other goods or services. This same attention to detail will be replicated in the commercial and additional residential portions of the master plan. The Independent Living Facility area along with approximately 11 acres of R-I5 provides a future opportunity to bring "a variety of housing types" in close proximity to the commercial markets that serve them. Belle Meade Plaza and its geographical location make it ideally and uniquely suited for a wide variety of public benefit. Currently, the 7000 plus residents, living within a one mile radius of Belle Meade Plaza, are traveling daily to other commercial nodes in search of employment, services, and perishable and non-perishable items. Promoting a sizable, comprehensive commercial node in their own demographic area will limit the time and expense required to travel to over crowded areas, adding to traffic congestion in the northern portion of the County. Without replication of the goods and services, office space, etc., this trend will only continue and worsen over time. Additionally, Belle Meade Plaza has the potential of providing over 300 jobs to the County's economy. The connection to Saint Andrews Drive adds a much needed and dynamic benefit; foremost addressing dangerous traffic movements occurring at the intersection at Carolina Beach Road and Saint Andrews Drive. These traffic patterns were already studied and are a part of the required TIA. The populace in the area would be given the opportunity to shop, work, live and relax within their own neighborhood through the proposed expansion of Belle Meade Plaza. When studied in depth, this project hits the bulls-eye and its positive attributes far out shine any preconceived negative notions. Your approval is vital to restoring "commercial and economic equilibrium" to the southern portion of the County. 48 Requirement #1 1. The site is located within the Myrtle Grove VFD. 2. The site has direct access to Carolina Beach Road (US 421) at an existing signal. Site plan calls for substantial road improvements within the project as well as off site improvements of Silva Terra Drive. 3. The plan includes major upgrading of traffic signalization at Silva Terra and Matteo Drives on Carolina Beach Road. 4. The site has direct access to Saint Andrews Drive, offering an alternative route for westbound traffic that currently uses Saint Andrews Drive to access Carolina Beach Road. This intersection had been identified as a "safety risk" by the City of Wilmington. (See enclosed letter from Mr. Cheatham, City Manager, dated August 10. 2004) 5. The site is served by County sewer and City water. Requirement #2 1. The site plan meets all of the requirements of the Zoning Ordinance. 2. The site plan includes 18 commercial buildings with a total of 290,536 sq. ft. (See Area Use Data Table on Drawing). 3. A list of potential uses is shown on the site plan (See Potential Uses Table on drawing). 4. Of the 26 uses shown on the Potential Uses Table, all are permitted in the B-1 zone with the exceptions of movie theater, hotels and residential. The 26 uses listed represent approximately 30% of the 85 uses permitted in the B-2 zone. 5. Sufficient area to accommodate required landscaping and buffer is shown on the site plan. 6. Although side walks are not required, the developer has chosen to include 5' public sidewalks throughout the development. 7. Parking to serve buildings on Carolina Beach Road and on each side of both the commercial town center and Matteo Drive have been placed to the rear and side of proposed commercial buildings in an effort to create a more attractive streetscape along these roads. 8. Developer has obtained the Sikes Drive extension to St Andrews Drive, providing much needed interconnectivity and safer access to Carolina Beach Road for westbound traffic on Saint Andrews Drive. 49 Requirement #3 1. Approximately 50% of this land area is currently zoned (CD) B-1, with the remainder in R -15 zoning. 2. A Traffic Impact Analysis has been submitted and the recommended roadway improvements have been incorporated into the plans. 3. The proposed neighborhood business plaza can be conveniently accessed by the existing neighborhoods on the southwest side of Carolina Beach Road, the neighborhoods of Belle Meade Plantation, Johnson Farms, Cambridge Heights, The Lakes, and The Arbors, as well as the neighborhoods and apartment complexes bordering Saint Andrews Drive. These neighborhoods are comprised of thousands of residences. 4. The proposed landscaping and buffering areas are adequate to protect adjacent properties. The attention to aesthetic details within Belle Meade Plaza was planned with improvement of residents' quality of life without adversely affecting property values in mind. 5. The roadway design incorporates traffic calming measures to discourage cut through traffic while allowing interconnectivity. 6. The plan provides access to Saint Andrews Drive via Sikes Drive extension, alleviating an already existing traffic "safety risk" at Saint Andrews Drive and Carolina Beach Road. Additionally, this connection will diminish the likelihood of cut through traffic to the center via Pine Hollow Drive off of College Road. 7. Road stubs for future connection should improve some existing traffic problems for nearby residents. Requirement #4 1. The site is classified as developed by the New Hanover County Comprehensive Plan. The purpose of the developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. 2. Policies in the comprehensive plan promote the location of commercial services in close proximity to the markets they serve. The proposed project can serve thousands of residences already in existence along an underutilized corridor (US 421) and along Saint Andrews Drive as well as provide excellent, much needed interconnectivity for the surrounding area. Currently, these residents are forced to drive through already congested corridors of South College Road at Oleander Drive, Market Street, and Military Cutoff in search of employment as well as the goods and services they need. 50 Attachment #1 Property Owners: A. Atlantis Holdings, L.L.C. 4649 Carolina Beach Road Wilmington, NC 28412 910-792-9455 B. David Earl Sikes and Wife Saundra Hardison Sikes Book 1128, page 0288 Parcel J.D. RO 7000-004-003-000 c. Marie P. Sikes 4607 and 4631 Carolina Beach Road Book 0660, Pages 0421 and 4607 Parcel J.D. RO 7100-003-004-000 Parcel J.D. RO 7100-003-001-000 D. Betty-Jo Sikes Alford and Husband Gerald Ray Alford 4609 Carolina Beach Road Parcel J.D. R-7012-004-004-000 E. Gregory W. Jordan and Wife Michelle Ann McDonald Jordan 4607 C Carolina Beach Road Parcel J.D. RO 7109-001-003-000 51 ~c m(j ~ ~' .,' .... ,:0- i/ ::',~:,:i:~:::; \ ,', :;.'.;:,' ...-.....::' 52 WI~l'vJI~GJON cy1 ,.-, ,..1.. .i. ... "~.., '. . 0 August 10, 2004 Mr. Jay Olander St Andrews Place II LLC 306 E. Main Street Richmond, VA 23219 RE: St. Andrews Drive Connecting Road Dear Mr. Olander: As you are aware from previous communication, Mr. Matthew DiGioia of Atlantis Holdings, L.L.C. of Wilmington owns property to the south and west of the St. Andrews Apartments, Phase II. Mr. DiGioia is constructing a development opposite Silva Terra Drive at Carolina Beach Road, and is seeking to construct a road connection between St. Andrews Drive and the new public street he is constructing. Mr. DiGioia has conducted due diligence in this effort, including having made an offer to your company for a land transfer deal to make this road connection a reality, which would involve no cost to your company. This connecting road would also be a public street, constructed on a 60-foot public right-of-way. The proposed right-of-way presented by Mr. DiGioia differs somewhat from the right-of-way shown on the approved construction plans for St. Andrews Apartments, Phase II. The proposed right-of-way, however, is more distant from St. Andrews Apartments, Phase II, and the point of connection with St. Andrews Drive is more desirable due to sight distances on the curvature ofSt. Andrews Drive at this point. The City of Wilmington acknowledges that this new road connection that Mr. DiGioia is seeking to construct has significant and measurable public benefit to the residents ofthe City of Wilmington and the traveling public at large. As such, the City of Wilmington strongly encourages your participation with the City in facilitating this action by Mr. DiGioia that is clearly in the public interest. City Manager's Office P,O. Box 1810. Wilmington. North Carolina . 28402-1810 (910) 341-7810 phone. (910) 341-5839 fax. (910) 341-7873 TDD 53 St. Andrews Place II LLC August 10, 2004 Page 2 of2 As you are likely well aware, the intersection of St. Andrews Drive at Carolina Beach Road is not signalized. Traffic wishing to exit St. Andrews Drive and turn left onto Carolina Beach Road, including the adjacent residents of your properties, experiences significant delay and safety risk in doing so. It is unlikely that this intersection will become signalized in the future due its close proximity to the adjacent traffic signal at Silva Terra Drive to the south. Traffic progression along an arterial street is best facilitated by appropriately spaced and timed traffic signals. Silva Terra and St. Andrews would not meet signal spacing design standards. Mr. DiGioia has presented a plan for providing a public street connection that would enable the motorists wishing to exit S1. Andrews Drive and travel south on Carolina Beach Road to access the traffic signal at Silva Terra Drive. Therefore, this road connection would contribute to the safety and mobility of your residents and that of the general traveling public. The City of Wilmington is committed to assisting in the facilitation of this roadway connection and respectfully request your assistance in the enabling of this significant public benefit and no cost to the taxpayers. Mr. Jim Flechtner, Transportation Division Manager (341-4676), will be contacting you in the near future to discuss this project and anything the City might be able to do to move this project forward. Sincerely, ~kta- ~ St;~g Cheatham City Manager SBC:rrb cc: Tom Pollard, City Attorney Wayne Clark, Director, Development Services Department Jim Flechtner, Manager, Transportation Division Kaye Graybeal, Manager, Planning Division Matt DiGioia, Atlantis Holdings, L.L.C. 54 Attachment #2 1) Land classification The site is located in a rapidly growing area of the County and is classified as Developed on ,the County Land Classification Map. THE PURPOSE OF THE DEVELOPED CLASS is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediatefuture. Most of the land within the City of Wilmington is designated as Developed, except for some Urban Transition and Conservation areas. Density may exceed 2.5 units per acre within the developed land class, depending upon local zoning regulations. This site has access to County sewer and City water. It has direct access to Carolina Beach Road, which is a major thoroughfare, and Saint Andrews Drive. All proposed building and landscape buffer setbacks meet the County Zoning requirements, making these proposed land uses compatible with existing surrounding land uses, which are predominately large, developed and undeveloped residential zoned properties. Development Plan calls for extension of Pine Hollow Drive as a collector street to the existing light at Carolina Beach Road and Silva Terra Drive (currently under construction). 2) Land Use and Urban Design Policy The following land use and urban design policy is applicable and consistent with the County Use Plan. 4. COMMERCIAL 4.1 New Hanover County and City of Wilmington will assure that land is available for commercial uses within close proximity to the markets they serve while not diminishing the quality of residential and mixed use neighborhoods. 55 5. MIXED USE 5.1 The City of Wilmington and New Hanover County will promote mixed use development in the undeveloped areas in order to maximize benefits from available infrastructure, preserve valuable natural resources including open space and reduce dependency on the automobile. 8. INFRASTRUCTURE 8.1 New Hanover County and the City of Wilmington shall promote development within an established urban service area defined by the existence of essential urban services and planned provision of those services. The proposed (CD) B-2 site fronts on a major thoroughfare and is adjacent to an existing traffic signal. The developer plans to develop the site with a mixture of limited commercial uses more appropriate for the area; specifically, uses that would be more fitting for a neighborhood center and would benefit the thousands of residents in the immediate area or those traveling along Carolina Beach Road. Infrastructure in the form of water, sewer and roads are all available to the site. The extension of Pine Hollow Drive, a collector road, to Carolina Beach Road and Sikes Drive to Saint Andrews Drive provides desirable interconnectivity and less dependency on automobile transportation, especially for the residents in the adjacent neighborhoods. These extensions provide controlled access to Carolina Beach Road at a signalized intersection; thereby improving traffic safety for those residents who utilize these roadways. In addition, traffic circles within the project serve to calm traffic patterns, improving safety for both residents and drivers alike. The attention to detail in the design of the overall plan (Le. sidewalks, center islands, traffic circles, building and parking arrangements that provide attractive streets capes and use of green space) is intended to improve quality of life while preserving property values, consistent with 4.1 and 5.1 above. 56 3) Transportation Traffic congestion and continued use of individual automobiles to travel to work, shopping and recreation has made resolving congestion a very high priority in both Wilmington and New Hanover County. The County Land Use Plan policy on transportation includes the following policy statements that are applicable to this proposal. 1.5 The City and County shall require street connectivity and minimizing cul-de- sac development through collector street planning. 1.6 In order that existing and planned thoroughfares may operate adequately, all new development must adhere to the intent and policies of the Comprehensive Plan. 2.1 City and County shall work with the NCDOT and the MPO to encourage alternativeforms of transportation including regional rail, local transit, Transportation Demand Measures such as van-pooling and ride sharing, and an inter-modal transportation system. 2.2 New development and improvements to existing facilities shall include provisions for a comprehensive network of bicycle and pedestrian facilities, including pedestrian causeways, breezeways and crossings, on collector streets and major arterials. These facilities will provide an alternative to the automobile. 5.1 Local Government and the State shall identify and utilize sources offunds and incentives to purchase or preserve thoroughfare or rail corridors in a timely and equitable manner. Where necessary, the City will participate in these improvements using impact fees, bonds and or tax increases. 5.2 City, County and State will investigate and use regulatory provisions for preserving thoroughfare and rail corridors. As Shown on the site plan and in coordination with the New Hariover County Planning staff, the developer is connecting with adjacent undeveloped land. The extension of Pine Hollow Drive as a collector street is desired and was mandated by the County Planning Department. This extension will create a collector street intersection at a major thoroughfare with an existing traffic signal and is consistent with County policy and Comprehensive Plan. Additionally, the connection of Sikes Drive to Saint Andrews Drive is also consistent with policy and plan. Both connections adhere to Sections 1.5 and 1.6 57 above. Further, the site plan reflects public sidewalks on both sides of all streets as well as pedestrian crosswalks at all traffic circles, providing alternative forms of transportation in the form of pedestrian facilities, consistent with Section 2.2 and 23 above. As mentioned previously, sidewalks and traffic circles are not required by the County and make this a unique addition to Belle Meade Plaza. County Transportation Policy, Section 5.1 and 5.2 above, calls for preservation of thoroughfare corridors through cooperation between local government and State government. The proposed extensions of Pine Hollow Drive as a collector street and Sikes Drive are part of the overall master planning of this area and will be constructed by the private sector (i.e. Atlantis Holdings, L.L.C.). Attachment #3 The land classification for the entire site is Developed. A portion of the site was approved for (CD) B-1 zoning. Since that time, the adjacent comer property has become available, providing the opportunity to create a mixed use commercial node at the intersection of Carolina Beach Road and St. Andrews Drive. This would be consistent with the County Land Use Classification. Attachment #4 This portion of New Hanover County and Wilmington continues to experience significant growth. This land area is currently zoned (CD) B-1 and R-15. The proposed expansion and land uses called for in the request would better serve the needs of the County's southern portion. A significant landscape buffer and building setbacks will be provided as required in Zoning Ordinance. The close and even adjacent location of BelIe Meade Plaza to surrounding neighborhoods provides employment, goods and services to those residents as encouraged in Section 4.1 of the County Land Use Plan. 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQU EST FOR BOARD ACTION Meeting Date: 12/19/05 Regular Item #: 2 Estimated Time: Page Number: Department: Legal Presenter: None Required Contact: Wanda M. Copley, County Attorney SUBJECT: Annual Review and Approval of Public Official Bonds BRIEF SUMMARY: The Board is required to annually review public official bonds in December. Two resolutions will need to be considered by the Board. The first resolution will approve existing bonding of the Finance Officer, Clerk of Court, Sheriff, Register of Deeds and Tax Collector. The resolution also sets the amount of the Sheriffs bond. A second resolution exempts from bonding requirements those ABC Board members who do not handle Board funds. RECOMMENDED MOTION AND REQUESTED ACTIONS: Enact Resolutions FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: PublicOffical-BondResolu1ABCBoard-2005BondResolu REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval of attached resolutions. COMMISSIONERS' ACTIONS/COMMENTS: Approved both resolutions 5-0. 59 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, pursuant to Chapter 109 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds; WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, the Board of County Commissioners does hereby resolve and approve the Surety Bond for the Finance Officer, Clerk of Court, Sheriff, Register of Deeds, and Tax Collector. Pursuant to Section 162-8 of the North Carolina General Statutes, the Sheriff's Bond is to be set in the total amount of Twenty-Five Thousand ($25,000.00) Dollars. This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. This the 5th day of December, 2005. NEW HANOVER COUNTY (SEAL) Chairman Board of County Commissioners ATTEST: Clerk to the Board 60 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLVED, that pursuant to the provisions of Section 18B-700 of the North Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 5,2005, does hereby exempt from the bond requirement of said Section 18B-700 any member of the New Hanover County ABC Board who does not handle Board funds, including but not limited to the Chairman of the New Hanover County ABC Board. ADOPTED this the 5th day of December, 2005. NEW HANOVER COUNTY (SEAL) Chairman Board of County Commissioners ATTEST: Clerk to the Board 61 This page intentionally left blank. 62 ESTIMA TED TIMES 8:10 p.m. 8: 15 p.m. MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ITEMS OF BUSINESS 1. Non-Agenda Items (limit three minutes) 2. Approval of Minutes Page No. 65 63 This page intentionally left blank. 64 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQU EST FOR BOARD ACTION Meeting Date: 12/05/05 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water & Sewer Agenda - Approval of Minutes BRIEF SUMMARY: Approve minutes from the Water & Sewer District meeting held on November 21 , 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 65