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HomeMy WebLinkAbout200509 Sept PBM MINUTES OF THE NEW HANOVER COUNTY PLANNING BOARD MEETING September 1, 2005 The New Hanover County Planning Board met Thursday, September 1, 2005 at 7:00 p.m. in the County Court House, 24 North Third Street, Wilmington, NC to hold a public meeting. Members Present: Staff Present: Walter Conlogue, Chairman Dexter Hayes, Planning Director David Adams Sam Burgess, Planner Sue Hayes Linda Keough, Administrative Secretary Robin Robinson Holt Moore, Assistant County Attorney Sandra Spiers, Vice Chairman Kenneth Wrangell Absent: Frank Smith Chairman Conlogue opened the meeting by welcoming those present to the public hearing. Sam Burgess led the reciting of the Pledge of Allegiance to the Flag. Chairman Conlogue proceeded with the approval of the minutes. Sue Hayes made a correction to page 8 of the August minutes changing Chairman Conlogue replied that "there is no Certificate of Need for this project" and correcting page 9 paragraph 5 stating that she encourages public comment and there might be times when a time limit is needed for both sides. Robin Robinson corrected the spelling of Dr. Shyam Garg's name on page 5. Robin Robinson made a motion to approve the August minutes with amendments. Sue Hayes seconded the motion. The Board approved August 4, 2005 minutes by a vote of 6-0. Item 1: Rezoning (Cont'd Aug PB mtg) - Request by SENCA Properties, LLC to rezone approximately 26.65 acres of property located in the 9000 block of Market Street (east side) from R-15 Residential to CD(O&I) and rezone approximately 20.40 acres of property from R-15 Residential to CD(B-1) Neighborhood Business. (Z-807, 08/05) Dexter Hayes gave a brief overview of the Planning Board Work Session results from August 24, 2005: ? The square footage in the CD(B-1) proposal will be reduced from 232,000 sq. ft. to 202,000 sq. ft. through the elimination of several buildings ? Retail uses would not exceed 75,000-85,000 sq. ft. with a maximum floor plan limit of 25,000 sq. ft. for any single use ? The area labeled as a stormwater pond will be included in the CD(0&1) proposal. ? Building 10 is two story, not three story as shown on the plan. ? Traffic movement into the project from Wilmington will be right-in and right-out only 1 ? "Michigan style" left turn lanes will be created for traffic heading south toward Wilmington into the project. He added that there have been no design and theme controls placed on the project at this time, which the Board may want to consider. STAFF SUMMARY: This revised request for Scotts Hill village involves a portion of the property that contains three (3) distinct land use proposals that total approximately 45.05 acres. As noted on the site plan table, these uses include a "Village Medical Center" which consists of 4.39 acres - proposed CD(O&I), a hospital facility which consists of 22.26 acres - CD (0&1), and a commercial "Village" consisting of 20.40 acres - CD (B-1). A list of proposed uses in the B-1 Neighborhood District is attached. Traffic Impacts Access to the project will be from two driveway connections off Market Street. A secondary access leading to Scotts Hill Road is also proposed. The revised land use scenario is expected to generate 6,929 net daily trips entering and exiting the site. This is based upon the traffic consultant's analysis of the following uses: 359 single-family units, 60 bed hospital (200,000 sq. ft.), and approximately 304,400 square feet of medical, general retail, and clinic space. Drainage Impacts According to DEHNR requirements, high density type projects near SA waters (Futch Creek) require the use of infiltration systems on site for the first 1.5 inches of rainfall. In order to retain excess run-off from larger storm events as required by the County, a piped system leading to detention ponds will be used. The proposed design will consist of 3-4 infiltration systems with two (2) large detention ponds of over 1 acre. If the two ponds reach full capacity, discharge through a series of swales to a wetland area (swamp forest) is proposed. Water & Sewer Public water and sewer from the County is proposed for the project. Presently, water and sewer lines are located nearby. Lighting Low light emission (shoebox) fixtures with light cut-off features are proposed for the project. These fixtures will have fractional foot candles of light spread out approximately 20 feet to reduce light pollution. The property is located in the Futch creek watershed and is classified resource protection in the Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and 2 recreational resources. Compatible commercial and industrial development may be adversely impacted. Planning staff will have to verify the extents of the Swamp Forest boundary, however, it appears that it coincides with the regulated wetlands that are being protected. Several conservation projects have been undertaken on nearby properties to Foy Creek, which is located on the southeast end of the larger 150 acres. The existing County stormwater management regulations combined with the state water quality impacts. Other policies in the Comprehensive Plan support mixed use development in undeveloped areas in order to maximize benefits from available infrastructure, preserve valuable natural resources including open space and reduce dependency on the automobile. Given the constraints of the project and the unique features of the site, the applicant has developed a viable plan that provides interconnectivity through public roads, limited access to Market Street, and some protection for the existing wetland areas. The applicant is also proposing additional stormwater quality best management practices to mitigate some of the negative impacts of runoff from the impervious surfaces. The proposed project and the anticipated future development on the balance of the property, generally meet the objectives of mixed-use development as stated in the comprehensive plan. Some of the draft policies and Comprehensive Plan changes that are being reviewed may allow future changes to the site plan for a more effective transition between the commercial and residential uses and also better accommodate the objectives of mixed use development. In reviewing the most recent plans and objectives of the project and recognizing some of the natural characteristics of the site including the rolling topography, wetlands and conservation resources the proposed zoning does not transition as well as anticipated. Additionally, the proposed project is still significantly large with a 20-acre Neighborhood Business District. The initial premise behind establishing this master plan was the time schedule for developing the Ambulatory Surgery Clinic. However, given the unique topographic features of the site, the wetland features, the proximity to SA waters, the make up of the forest and land cover and the general impact and scale of the project; staff recommends that the scale of the project be reduced, either by limiting the square footage or the amount of impervious coverage, or both. The present plan for 60% impervious coverage, though an improvement, is not an exceptional design for SA waters. Recognizing the need for an expanded medical office park connected to an existing commercial zoning district in Pender County at the corner of Scott's Hill Road, staff believes that this larger regional commercial center is an unnecessary duplication of services already being provided to the surrounding neighborhoods at Porter's Neck Road. Staff should also note that according to the 2005 State Medical Facilities Plan, New Hanover County and Pender County would still have a surplus of 63 and 27 acute care beds in 2009. The only justification for a new hospital facility at this time would be the relocation of existing services outside of Wilmington. Staff recommends approval of the applicant's request with a reduction in the commercial part of the project. Additional conditions should be addressed as part of the conditional use approval. 3 Mike Nadeau representing SENCA properties, stated the revised plan also notes that a maximum square footage for retail in the B-1 District shall not exceed 80,000 sq. ft. David Adams stated that the 60' tree scape and the 30' berm have been omitted on the revised plan. Chris Boney replied that the tree scape was not intentionally eliminated. Dexter Hayes stated that there has not been a tree survey done which may address the tree scape issue. Mike Nadeau stated that the area is designated as open space. David Adams replied that it was agreed by the applicant and the Planning Board that there would be a 90' tree save area. Mr. Nadeau stated that they would agree to the 90' tree save area being added as a condition to the approval of the special use permit. Sue Hayes asked how much of the plan is subject to change. Dexter Hayes replied that it is subject to some administrative changes such as converting the size of individual buildings or changes within the permitted uses. He added that the Board could require an architectural theme or design. Robin Robinson asked what has been omitted from the original proposal. Mike Nadeau stated that approximately two acres have been taken off reducing the impervious area from 60% to 50%. Ms. Robinson asked if screening of services has been addressed. Dexter Hayes replied that it could be included in the special use permit. Mike Nadeau suggested that they limit the design to no single story out parcel structures. Chairman Conlogue suggested that it be limited to no out parcels, which was agreeable to both the Board members and the applicant. Jim Mullins stated that at the neighborhood meeting held by SENCA Properties they were led to believe that there was a need for a hospital in the area and that the proposed hospital would be more like a large medical park since it would be made up of an elective facility rather than a trauma facility. Mr. Mullins referred to a letter to Chairman Conlogue from Jack Bartow of New Hanover Regional Center stating that New Hanover Regional Medical Center's Board of Trustees have not committed to any such project and do not have plans to transfer any of their beds to another location from their two campuses. Chairman Conlogue stated that the hospital has not made a commitment but they have shown an interest and will not make a decision until the rezoning has been completed. Mike Nadeau stated that he feels that SENCA has been very upfront explaining that they are not representing the hospital. Beth Steelman, 1610 Chestnut Street, stated that this is a good project. However, she feels that this may not be the best place for this project due to transportation in the area. She expressed concerns regarding the size of the project and environmental issues. 4 Bill Holt, 8611 Hammock Dunes Drive, a member of the Board of Directors for the Northeast New Hanover County Conservancy stated that they would like assurance that the final development and stormwater management method are not revised from the currently proposed plan. He expressed their concerns that the proposed impervious surface coverage is substantially greater than the current zoning allows. He added that they endorse the need for a Pender County representative on the Tidal Creek's Advisory Board. A resident of Porter's Neck Plantation with 30 years experience in environmental management with a large utility stated that she is astounded by the residential development along Futch Creek adding that there is no such thing as a zero discharge stormwater plan. She also stated that water quality protection should be guaranteed in the special use permits. Jim Souders Co-President of Cape Fear River Watch, Inc., provided a statement from the organization recommending denial of the SENCA rezoning request because of the deterioration of Futch's Creek, the nature of the project and the perception of conflicts of interest present. He added that they would recommend establishing a New Hanover/Pender County watershed organization to manage and protect the Foy and Futch Creek watershed and to have the applicants monitor the conditions of Futch Creek during construction if the rezoning application is recommended for approval. Laurie Wierse, 254 LaSalle Street, expressed her concerns regarding traffic in the area if this project is approved. Sue Hayes asked if the applicant would agree to do the water quality and watershed monitoring. She suggested contracting with Mike Mallin at the University of North Carolina to perform monitoring. Mike Nadeau stated that they would be in agreement. However, he added that they have gone above and beyond to ensure that the watershed and water quality remains the same. He stated that Mr. Mallin agreed that they have taken extensive precautions. David Adams made a motion to deny the rezoning request. Sue Hayes seconded the motion. The motion received a vote of 2-4 (4 against, 2 in favor). Sue Hayes requested Holt Moore to review the conflict of interest issue. Holt Moore stated that the rule is that if anyone has a direct interest in the project or stands to gain by participating in the approval of the project should exclude themselves from discussion and voting. Robin Robinson explained that some degree of development is going to take place. Therefore, the Planning Board has a duty to recommend a responsible development. Robin Robinson made a motion to approve the request with the following conditions: ? Outside service area dumpsters and electrical boxes be screened ? No single story out parcel structures 5 ? 90' of natural tree save area be added to the plan ? The applicant should request Dr. Mallin to determine if additional watershed and water quality monitoring is needed ? Staff recommendations and work session results should be included Sandy Spiers seconded the motion. The Board approved the motion with a vote of 4-2. Item 2: Rezoning (cont'd July 7 PB Mtg) - Request by Howard Capps for James Wicker to rezone approximately 4.46 acres of property located at 4601 Gordon Road, from R-15 Residential to CD (B-1) Neighborhood Business. (Z-802, 07/05) Howard Capps, representing the property owner, stated that access to the site was an issue at the previous meeting. He further explained that he met with DOT and found that they do not feel that there would be an adequate amount of traffic generated from this site to warrant a TIA. DOT recommended placement of an island down Gordon Road that would eliminate a left hand turn into the site. He provided a proposed plan reflecting a right in right out only on the site. Mr. Capps added that Mr. Wicker has stated that he would prefer the right in right out only rather than the island. However, if the island is placed on Gordon Road by DOT Mr. Wicker informed Mr. Capps that he would remove the right in right out. Sue Hayes stated that she agreed with staff recommendation to deny the rezoning request. Robin Robinson asked Dexter Hayes what staff's main objections are. Dexter Hayes replied that the controlled access extends in front of the property. He added that there are residential projects being reviewed in the rear of this property that staff feels that this property could be incorporated into. Howard Capps stated that DOT did acknowledge the limited access point and that the access point does stop at the edge of the 60' easement. Sandra Spiers asked Dexter Hayes if staff would still recommend denial if DOT accepted the right in and right out for access. She also stated that this is the right use for the property considering that it fronts an interstate highway. Dexter Hayes provided staff summary. STAFF SUMMARY: The subject property is located at the northeast corner of Gordon Road and the acceleration ramp leading to I-40 North. With the exception of the ramp to the west, property to the east and north is zoned R-15 Residential. Jordan Tract Townhomes (undeveloped) and Waver Acres are located to the east of the subject property. A mobile home is located adjacent and east of the site. Property located directly across the street is also R-15 with an O&I District located nearby to the east. A more significant district of B-2 Highway Commercial is located south of the O&I district on North College Road. Both districts are presently vacant. 6 The applicant's request to rezone property from R-15 Residential to CD(B-1) involves a 4.46 acre tract. The proposal includes a 3,500 square foot convenience center, small car wash, three gas pump islands, and a 2,400 square foot dry boat facility. Stormwater will be controlled by a detention pond located to the rear of the site. Access to the site from Gordon Road will be through an improved 60 foot access easement. Appropriate setbacks and bufferyards appear to meet the requirements of the Zoning Ordinance and the Special Highway Overlay District. The back portion of the tract is located within the 100 year flood boundary. No proposed structures will be impacted by this flood zone. While there may be a need for a convenience center, gas service, and boat facility near this location, staff has serious concerns with the existing amount of traffic that utilizes Gordon Road on a daily basis (22,300 average trips per day - August, '04 data) and traffic movement safety issues coming from egress ramps leading to I-40. While current setbacks and bufferyards will be utilized along the east side of the property, the proposal may still be intrusive to the existing R-15 property to the east. Presently, the best se of the property is for it to remain R-15 with the opportunity for internal access and development with adjoining properties. This would eliminate any need for a driveway access close to the I-40 ramp(s). For these reasons, staff recommends denial. Sue Hayes made a motion to deny the rezoning request. The motion died due to a lack of a second. Sandra Spiers made a motion to approve the rezoning request with DOT recommendations. Robin Robinson seconded the motion. The Board approved the motion with a vote of 5-1 (Sue Hayes opposed). Item 3: Rezoning - Request by Bertram Williams to rezone approximately 102 acres of property located at 1839 Farley Drive, from AR Airport Residential to Al Airport Industrial. (Z-809, 09/05) Joe Taylor, representing the applicant, requested that the request be postponed for 30 days. Robin Robinson made a motion to continue the request for 30 days. David Adams seconded the motion. The Board approved the motion with a vote of 6-0. Item 4: Rezoning - Request by Withers & Ravenel for Jerry Robbins to rezone approximately 50.49 acres of property located at 1300 North Kerr Avenue, from R- 15 Residential/CD (Al) to R-10 Residential. (Z-808, 09/05) Sam Burgess gave a brief review of the request, agency comments and related information. Cindee Wolf, Withers & Ravenel, stated that a previous board rezoned part of this property to Airport Industrial and the property was never developed. She added that with the availability of sewer and water and the location in urban transition makes it more appropriate for a higher density residential. 7 Tim Summers, Lot 9 Churchill Estates, asked how close the construction would be to his property and if there would be a drainage effect on his property. Cinder stated the drainage would be addressed during the Technical Review process and explained that the rear setback for conventional residential development or low density residential would be 20'. Dexter Hayes provided the staff summary. STAFF SUMMARY: The subject property is wedged between three (3) existing residential developments located to the north (Churchill Estates), south (Alandale), and east (Springview). R-10 and R-15 Residential Districts predominate the area nearby with the front portion of the subject property zoned CD(AI) Airport Industrial. Presently, a mobile home park exists to the rear or most eastern portion of the property. Access to the property is through North Kerr Avenue. Other access opportunities exist to the north through Churchill Estates and to the east through Springview subdivision. County sewer and City water is nearby. The 1999 Land Use Plan identifies the subject property as Developed and Conservation. The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. Much of the front portion is within a floodplain with density limited to 2.5 units per acre. The southern portion is bounded by wetlands and tributaries into Smith Creek. Staff agrees with the petitioner's request that the property is suitable for rezoning to R- 10. Access to the site will be available from North Kerr Avenue and also through Churchill Estates and Springview subdivision. With access improvements and the availability of water services staff recommends approval. David Adams asked if there are wetlands running through the property. Cindee Wolf replied that there is an area that contains some wetlands but it would not be developed. Robin Robinson made a motion to approve the rezoning request. Sandra Spiers seconded the motion. The Board approved the motion with a vote of 6-0. Item 5: Rezoning - Request by Biltmark Developers to rezone approximately 36.98 acres of property located at 4403 North College Road, from I-1 Light Industrial to R-10 Residential. (Z-810, 09/05) Tim Fuller, from Biltmark Developers, requested that the request be postponed for 30 days. Sue Hayes made a motion to continue the request for 30 days. Robin Robinson seconded the motion. The Board approved the motion with a vote of 6-0. 8 Item 6: Special Use Permit - Request by Withers & Ravenel for Newcomer Products, LLC to consider a Special Use Permit to locate a BBQ Sauce facility in an Al Airport Industrial District located at 2957 N. Kerr Avenue. (5-535, 09/05) Sam Burgess gave a brief review of the request, agency comments and related information. Cindee Wolf Withers & Ravenel, explained that this use does not emit external emissions and feels that it meets the criteria required for a special use in this district. Dexter Hayes provided the Preliminary Staff Findings. PRELIMINARY STAFF FINDINGS: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted. A. Public water and sewer is located nearby. B. An existing structure, which is presently vacant, will be utilized. C. The property has direct access from N. Kerr Avenue (SR 1322). D. The property is located among other existing industrial uses. E. The site will be served by the Wrightsboro VFD. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is presently zoned Al Airport Industrial. Food & Beverage type facilities with smokeless stacks are permitted by Special Use Permit. B. An aerial photo of the site has been presented displaying the existing structure along with parking. C. Appropriate setbacks already exist on site. 3. The Board must find that the use will not substantially injure the value of the adjoining or abutting property or that the use is a public necessity. A. No evidence has been presented that the use will injure the value of adjoining property. B. No changes are proposed for the existing facility, parking or other site features. 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. 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. B. Other Industrial Uses are located nearby. 9 Kenneth Wrangell made a motion to approve the Special Use Permit request. David Adams seconded the motion. The Board approved the motion with a vote of 6-0. Item 7: Special Use Permit - Request by Masonboro Boat Works, LLC to consider a Special Use Permit to expand the marina parking to nearby Masonboro Boatyard located in a R-15 Residential District located near 609 Trails End Road. (5-536, 09/05). Sam Burgess gave a brief review of the request, agency comments and related information. Daniel Lucas Haden Stanziale Landscape Architects, stated that the current owners would like to clean the place up and make some changes to the facility, which will require some additional parking spaces. Dexter Hayes provided the Preliminary Staff Findings. PRELIMINARY STAFF FINDINGS: 1. The Baord must find 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. A. The subject property is approximately 15,000 square feet in size and will contain a total of 29 additional parking spaces. B. The property will be served by the Myrtle Grove VFD. C. Access to the parking area will be through Purviance Avenue D. Marina parking adjacent to the boatyard/yacht club has existed for many years. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The subject property is located in an R-15 Residential Zoning District. Additional parking is allowed to an existing facility in an R-15 District by Special Use Permit in accordance with Section 72-28. B. Landscaping of the parking area will be provided as required by the New Hanover County Zoning Ordinance. C. A grassed parking area is proposed. D. Existing trees will remain. E. No conservation resources exist on site. 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. The primary use of the parking expansion is to accommodate overflow traffic from Masonboro Yacht Club that occurs several times per year. B. The proposed parking expansion will improve traffic on Purviance Avenue. 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 10 in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The area is classified as Resource Protection on the County's Land Use Plan. B. The site plan calls for a grassy parking type area, which will help minimize impacts to nearby waterway areas. Staff suggests that extra care be taken in the protection of the live oaks on the property with minimal impacts on the root system of these significant trees. Robin Robinson asked if the applicant is in agreement with no lighting and no paving. Mr. Lucas replied that they were in agreement. There was further discussion regarding the protection of the existing trees. Mr. Lucas stated that they were in agreement with protection of the trees. Ken Wrangell asked if the applicant would have to meet with the County Zoning Department to ensure that there are no environmental issues. Dexter Hayes replied that they would be required to meet with the Zoning Department. Ken Wrangell made a motion to approve the Special Use Permit with staff recommendations for no lighting, no paving and protection of the existing trees. Robin Robinson seconded the motion. The Board approved the motion with a vote of 5-0. Item 8: Special Use Permit - Request by Blanchard, Jenkins et al for Cingular Wireless to consider a Special Use Permit to locate a telecommunications facility in a R-15 Residential District located at 6233 Murrayville Road. (S-537, 09/05) Sam Burgess gave a brief review of the request, agency comments and related information. Karen Prather Cingular Wireless, explained the request and the location of the proposed monopole. She added that the property is densely wooded and undeveloped. She also stated that they have more than met the setback requirements and buffer requirements. Julie Wilsey, Airport Authority, stated that they are not necessarily opposed to the request. However, they have not seen the site plan and they are concerned since it is near the approach to Runway 6. She also expressed her concerns regarding lighting on the tower. Karen Prather stated that they would agree to the Special Use Permit being contingent upon FAA approval. She added that if FAA does not approve the site they would withdraw the application. Robin Robinson asked if it is already planned to be lit. Karen Prather replied that it is not planned to be lit but would add lighting if FAA requires lighting. Sue Hayes asked if the neighbors are aware that it could be a lit tower. Ms. Prather replied that the she did not think they were informed that it could be lit but they were all notified of the plans for the tower and the date and time of the meeting. 11 Dexter Hayes provide Preliminary Staff Findings 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. 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 C. Access to the facility will be from Murrayville Road through Murray Farms Road (public) and a 12' gravel drive running inside a 30' access easement. D. The tower will be setback on the site approximately 186' from the nearest property line. E. The tower compound area (10,000 square feet) will be secured by an 8' high chain linked fence topped with 3 strands of barbed wire at the top. F. The fenced compound (6,400 square feet) 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-15 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 of the tower. D. The proposed tower (172') will meet all setback requirements. The nearest property line is approximately 186'. E. The nearest residential structure is 238' from the base of the tower. F. The tower will be constructed to accommodate co-location. ( at least 3 additional providers) G. A 25' buffer of existing trees will be preserved around the perimeter of the fenced compound. 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. C. No evidence has been submitted that this tower compound will decrease property values or exists 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. 12 A. The 1999 Land Use Plan identifies this area as Urban Transition. B. No County regulated conservation or historic resources have been identified on site. There was further discussion regarding the buffer area David Adams made a motion to approve the Special Use Permit subject to accommodating future development for the extension of the two existing roads, FAA approval and meeting all landscape requirements. Robin Robinson seconded the motion. The Board approved the motion with a vote of 5-0. Item 9: Special Use Permit - Request by Alltel Communications to consider a Special Use Permit to locate a 150' monopole in a B-2 Highway Business District located at 7654 Market Street. (5-538, 09/05) Sam Burgess gave a brief review of the request, agency comments and related information. William Howard representing Alltel Communications, explained the application and the need to provide coverage in this area. He stated that they have met all requirements for the Special Use Permit. No one spoke in opposition to the request. Dexter Hayes provided Preliminary Staff Findings. PRELIMINARY STAFF FINDINGS: 1. The Board must find 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. A. No water and sewer service will be needed by this communications facility. B. The tower compound will have access from US Highway 17 (Market Street) via a 12' wide gravel driveway within a 20' access easement. C. The site will be served by the Ogden VFD. D. The tower will be 150' in height. E. The tower will consist of a 1,600 square foot equipment compound. F. Adjoining land uses are primarily commercial. G. There are no residential structures within a 150' of the base of the tower. H. An 8' shadow box fence with 3 strands of barbed wire will be constructed around the compound. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The tower site is zoned B-2 Highway Business. Telecommunication towers are permitted by Special Use Permit in the B-2 District. B. Additional vegetation (Carolina Hemlock & Rhododendron Mountain Rosebay shrubs) around the compound will be planted in accordance with the County's landscaping requirements. 13 C. The tower will be constructed to accommodate co-location (total 3 carriers). D. The proposed tower will comply with all FAA regulations & FCC requirements. E. An affidavit has been presented by the applicant indicating the inability to co-locate. 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 commercial districts in New Hanover County. B. Expansion of wireless telecommunication services can enhance emergency communication during severe weather conditions. C. No evidence has been presented that this tower compound will decrease property values or exists 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 are located on site. Sue Hayes stated that she is concerned about shielding the homes and asked about the buffering. Mr. Howard explained the location of the tower and stated that there is a tree buffer bordering each residential property. Mr. Howard added that they have applied for FAA approval and they do not expect any lighting to be required. Robin Robinson made a motion to approve the special use permit. Ken Wrangell seconded the motion. The Board approved the motion with a vote of 5-0. Sam Burgess provided the TRC Report. Pilot Ridge (southern portion of the County) ? Limited Transition ? 9 Lots ? County water & sewer Interstate Business Park (northern portion of the County) ? Resource Protection ? 44 Lots ? Public water & sewer Westhaven (central portion of the County) ? Urban Transition ? 23 Lots ? Public Roads ? County water & sewer 14 Windswept Phase 2 (southern portion of the County) ? Limited transition ? 43 Lots ? Private water & sewer - Aqua of NC Myrtle Grove Cove (southern portion of the County) ? Resource Protection ? 15 Lots ? Water-City of Wilmington ? Sewer-To Be Determined Vineyard West (northeast portion of the County) ? Resource Protection ? 67 Lots ? Public water & sewer Dexter Hayes reminded the Board of upcoming NCAPA meeting on October 6u, and October 7 . Being no further discussion, Robin Robinson made a motion to adjourn the meeting. The Board unanimously approved the motion. The meeting adjourned at 11:05 p.m. Dexter Hayes, Planning Director 15