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Home My WebLink About04-2013 April 4 2013 PB Agenda Package NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 NOTICE OF PUBLIC HEARING NEW HANOVER COUNTY PLANNING BOARD APRIL 4, 2013 The New Hanover County Planning Board will hold public hearings on Thursday, April 4, 2013 beginning at 6:00 p.m. or thereafter at the New Hanover County Historic Courthouse, 24 North Third Street (corner of Third and Princess Streets), Room 301 in Wilmington, NC to consider the following items: Approval of March 2013 Planning Board Minutes Item 1: Special Use Permit Request (S-613, 04/13) - Request by Porters Neck Home Owners Association to obtain a special use permit to establish a parking area to accommodate an existing community boating facility. The property is located within an R-20S, Residential District at 8543 Bald Eagle Lane. This site is classified as Watershed Resource Protection according to the 2006 CAMA Land Use Plan. The proposal is located within the Porters Neck Small Area Plan and Wilmington/New Hanover County Comprehensive Greenway Plan. Item 2: Special Use Permit Request (S-614, 04/13) - Request by Thomas H. Johnson, Jr. on behalf of owner, South Atlantic District/Christian Missionary Alliance, to obtain a special use permit for SCI Towers LLC to construct a 165 foot monopole telecommunications tower. The property is located within an R-15, Residential District at 6115 Gordon Road. The site is classified as Urban according to the 2006 CAMA Land Use Plan. The subject property is located within the Wilmington/New Hanover County Comprehensive Greenway Plan. Item 3: Rezoning Request (Z-923M, 04/13) - Request by Walter Pete Avery on behalf of TCB Rocky Point, LLC to modify an approved CZD(B-1) Conditional Zoning District (B-1) Business containing 2.06 acres of land and right of way located at 2616, 2620, and 2624 Castle Hayne Road. The site is classified as Transition according to the 2006 CAMA Land Use Plan. The subject properties are located within the Wilmington/New Hanover County Comprehensive Greenway Plan. Technical Review Committee Report (March) The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. Petitions for the above items may be viewed or inquiries made by contacting the Planning & Inspections Department at 798-7165, 230 Government Center Drive, Wilmington, NC. All interested citizens are invited to attend. Chris O’Keefe, AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager S-613, (04/13) Page 1 SPECIAL USE PERMIT S-613, 04/13: Request for a special use permit to construct a parking facility to accommodate an existing community boating facility located in an R-20S Residential District. Request By: Banks Currin on behalf of the Porters Neck Homeowners Association Location: 8543 Bald Eagle Lane, PID R03805-002-005-000 History of the Property The proposed parking facility is to accommodate an existing community boating facility, located at 8540 Bald Eagle Lane that was permitted as part of the Porters Neck Plantation subdivision. The use was established and deeded access was recorded on June 3, 1991, prior to the county’s adoption of regulations governing Community Boating Facilities which occurred in October of 1992. The proposed parking facility, located across the street, at 8543 Bald Eagle Lane, is anticipated to alleviate the existing congestion affiliated with the community boating facility. The facility is solely used to provide water access to approximately 150 community members. There are no boat slips offered at this time, nor a plan to include boat slips in the future. The current parking accommodations are restricted to six (6) spaces, due to the impervious surface limitations imposed on uses located within CAMA Areas of Environmental Concern. Water access is limited due to tidal dependency, to approximately a three (3) hour window before and after high tide. The existing facility is unable to improve the depth of the facility because dredging in this area is prohibited. Average usage is minimal during the boating off-season, September thru May. Utilization of the facility increases on weekends between June and August and extensive use is noted on holiday weekends, specifically Memorial Day, Independence Day, and Labor Day. During the noted holidays, vehicle and trailer parking along the shoulders of Bald Eagle Lane have been reported and impose safety concerns. S-613, (04/13) Page 2 Preliminary Staff Findings of Fact (In Accordance with Section 71 of the New Hanover County Zoning Ordinance) Finding 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 are not currently available to the subject property; however, the proposed use does not require water or sewer. The special use permit request is to construct a parking area to accommodate homeowners with access to the existing boating facility located at 8540 Bald Eagle Lane. B. The route of access is Porters Neck Road to Bald Eagle Lane. The average daily trips (ADT) along the Bald Eagle Lane/ Porters Neck Road intersection is 500 trips per a count conducted in June of 2012. Therefore, the volume to capacity ratio produces a Level of Service of A. The applicant provided a traffic impact worksheet, which estimates the boat dock and marina facility use produces an AM peak hour of 1 trip and a PM peak of 2 trips. C. The subject property is located in the New Hanover County Fire Service District. D. The subject property is not located within any flood or archaeological areas; however, it is located in a CAMA Area of Environmental Concern (AEC), therefore all land disturbance activities will be subject to a CAMA Minor Permit and limited to 25% impervious surface. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The proposed parking facility’s ten foot buffer will satisfy the requirements of the Zoning Ordinance. Section 62.1-5 is enforced for this proposal, opposed to Section 62.1-4 because the proposed use does not have a structure to base the 50% setback standard towards. B. The proposal will be subject to a CAMA Minor Permit which will minimize the impact on water quality, primary nursery areas, shellfish grounds, and conservation resources per Section 72-37(1). C. There are no boat slips offered at this time, nor a plan to include boat slips in the future. Proposed parking accommodations are demand- based and will be limited to 25% impervious surface, which is more restrictive then Sections 72-37(2) and 72-37(3). S-613, (04/13) Page 3 D. The current community boating facility was permitted as part of the Porters Neck Plantation subdivision. The use was established prior to the County’s adoption of Community Boating Facility regulations in October of 1992. However, the facility is solely used to provide water access to approximately 150 community members by recorded deed and covenant restrictions, satisfying Section 72-37(4). E. No commercial activities are proposed consistent with Section 72- 37(5). Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all required conditions and specifications of the Zoning Ordinance. Finding 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 proposed parking lot will remain in a natural state, provide a 100% opaque buffer from adjacent residential properties, and be subject to a CAMA Minor Permit. B. The proposed facility will have a minimal effect on neighborhood traffic, producing an estimated 1 trip AM peak and 2 trips PM peak and will further offer a solution to existing congestion and illegal parking during boating season. C. The applicant is further proposing to limit hours of operation to daylight only and restricted access will be enforced with a locked gate. D. No evidence has been submitted that this project will decrease property values of residents who live nearby. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. Finding 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 subject property is located in an R-20S, residential district. Community Boating facilities are permitted by special use permit in all residential districts, including R-20S. B. The 2006 Joint CAMA Land Use Plan Update shows the land classification as Watershed Resource Protection. The Watershed Resource Protection area occurs along tidal creeks and is defined as S-613, (04/13) Page 4 the area within ½ mile of the 100-year flood plain for those creeks. The protection strategy for this subclass of resource protection area focuses on minimizing new impervious surface, retrofitting protection measures to improve water quality of runoff from existing impervious surfaces and to promote low impact best management practices for development and redevelopment. The proposal is for the lot to remain natural and to preserve the existing ten foot native vegetative buffer along the northern and western property lines and supplement a ten foot buffer along the southern property line. Further, the proposed scope of work fulfills the definition of a community boating facility per the 2006 Joint CAMA Land Use Plan. As defined a community boating facility is “a private nonprofit boating facility including a dock pier, and/or launching ramp on property which has water frontage, the use of which is intended to serve 5 or more residential lots or units. The right to use such facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. No commercial activities of any kind, including commercial letting of slips to parties who are not residents of the waterfront subdivision shall be allowed within confines of the facility.” C. The proposal is also supported by the objectives stated in the Porters Neck Small Area Plan, adopted June 1989 and updated November 2010. Specifically, the desire of the community to have the county support the recommendations of its public water access studies that have found the need to provide public water access, particularly boat access, to be critical. D. The subject property is also located adjacent to a proposed bicycle lane. The proposed lane is contained along the shoulder of Bald Eagle Lane, a sixty (60) foot public right of way. SUMMARY Staff concludes that the proposal meets the requirements of Section 72-37 of the Zoning Ordinance, the CAMA Land Use Plan and concludes that the findings are positive; however, staff recommends the following conditions: (a) Installation of a bicycle sharrow along Bald Eagle Lane, fronting the subject property, consistent with the Comprehensive Greenway Plan ; (b) Hours of operation should be clearly identified on the property; (c) Application and receipt of a CAMA Minor Permit. S-613, (04/13) Page 5 Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED: (Choose one) 1. Motion to Recommend Approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Recommend Denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff suggests the following motion: Motion to Recommend Approval of the Special Use Permit with the following conditions: (a) Installation of a bicycle sharrow along Bald Eagle Lane, fronting the subject property, consistent with the Comprehensive Greenway Plan; (b) Hours of operation should be clearly identified on the property; (c) Application and receipt of a CAMA Minor Permit. S-613, 04/13 Page 1 Case S-613 (04/13) Request to obtain a Special Use Permit to establish a Community Boating Facility in an R-20S Residential District Petition Summary Data 8543 Bald Eagle Lane Owner/Petitioner: D. Bank Currin, Vice President Porters Neck HOA on behalf of Porters Neck HOA Existing Land Use: R-20S, vacant Zoning History: Area 5, July 6, 1971 Land Classification: Watershed Resource Protection Water Type: Not available through CFPUA; however, not required for proposed use. Sewer Type: Not available through CFPUA; however, not required for proposed use. Recreation Area: Blair Elementary School Access & Traffic Volume: Porters Neck/ Bald Eagle Lane intersection has an average daily volume of 500; therefore, based on volume to capacity ratio carries a 2012 LOS of A. The traffic impact worksheet estimates an AM peak of 1 trip and a PM peak of 2 trips; therefore, No TIA is required. Fire District: New Hanover County Fire Service District Watershed & Water Quality Classification: Futch Creek (Sa; HQW 3039d) Aquifer Recharge Area: A shallow water-table sand aquifer and underlying artesian aquifer containing fresh water over salty water. Conservation/Historic/Archaeological Resources: None Soils: Kenansville Fine Sand (0-3% slopes) Septic Suitability: Lakeland Sand and Kenansville find sand are Class I soils with suitable/slight limitation. Schools: Blair Elementary School, admission 599, capacity 490, over capacity per 2011-12 year Holly Shelter Middle School, admission 611, capacity 992 Laney High School, admission 1,826, capacity 1,535, over capacity per 2011-12 year Planning Areas: 2006 CAMA Land Use Plan Porters Neck Small Area Plan Wilmington/New Hanover County Comprehensive Greenway Plan 29 14 2 6 46 22 42 44 1 39 31 43 30 5 21 9 3 8 23 24 32 38 13 34 284 15 45 11 17 19 27 16 41 36 3312 47 20 26 35 37 18 10 25 40 7 BALD EAGLE LN CHAMPION HILLS DR GALLOWAY NATIONAL DR WHITE COLUMNS WAY BLACK DIAMOND DR W O O D C R E E K C I R FUTCH CREEK RD OLD OVERTON WAY LO W E S ISL A N D D R CASE MAPS-613, 03/13 Notes:Request to obtain aspecial use permit toestablish a parking areato accomodate an existingcommunity boating facility.The property is located withinan R-20, Residential District. Location:8543 Bald Eagle Lane Applicant:Porters Neck HomeOwners Association ± 0175350 Feet S-613 S-613 LabelProperty Owner Receiving Notification0 1ABBOTT SHERWOOD SHANNON2 BARKER BEN D JEANETTE3 BEEMER JON A GRACE E COOLEY4 BLAYMAN BARCLAY5 BROWNELL ARTHUR HELEN REV TR6 CAHILL CORNELIUS7 CAPE FEAR PUBLIC UTILITY AUTHORITY8 CATAPANO GLENN ETAL9 COWN PETER M NANCY H REVOCABLE TRUST10 CURRIN DUDLEY B GAIL H11 EVERETTE DONNA JO S12 FONTANA JEANNE M TRUST13 FURR LOIS P ETAL14 FURR LOIS P ETAL15 GRIFFIN MARTIN D BARBARA J16 GRIFFITH MERVIN ANN MILLER17 GRIFFITH MERVIN M18 GUARDIA VITO DODIE19 HEMBY REVOCABLE LIV TRUST20 KIDMAN TIMOTHY W MYRNA D21 LADNEY TRUST THE22 LEE JOSHUA S23 LOWMAN CONRAD H KAREN A24 MARTYN THOMAS E ROSEMARIE N25 MCLEAN GREGORY S LISA R26 MEISER FREDERICK E DOROTHY A27 MILLER DIANE JON K BALD EAGLE LN CHAMPION HILLS DR WHITE COLUMNS WAY GALLOWAY NATIONAL DR BLACK DIAMOND DR OLD OVERTON WAY R-20 R-20S CASE MAPS-613, 03/13 Notes:Request to obtain aspecial use permit toestablish a parking areato accomodate an existingcommunity boating facility.The property is located withinan R-20, Residential District. Location:8543 Bald Eagle Lane Applicant:Porters Neck HomeOwners Association ± 0175350 Feet S-613 S-613 PROPOSED PLAN APPLICANT MATERIALS S-614, (04/13) Page 1 SPECIAL USE PERMIT S-614, 04/13: Request to construct a 165’ monopole telecommunications tower in a Residential, R-15 Zoning District Request By: Thomas H. Johnson, Jr. on behalf of the owner, South Atlantic District/Christian Missionary Alliance Location: 6115 Gordon Road (Parcel ID R0 4300-003-048-000) Preliminary Staff Findings of Fact (In Accordance with Section 71 of the New Hanover County Zoning Ordinance) Finding 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. The subject property is located in the New Hanover County Fire Service District, north area. B. The site is not located within a flood hazard area. C. Access to the site will be from Gordon Road via a 20’ access & utility easement. D. The parcel includes an existing church just west of the proposed facility that will be located outside of the fall zone as shown on the engineer sealed site plan. E. The ADT along Gordon Road between I-40 and Market Street is 22,817 with a LOS of F, meaning that traffic counts exceed the design capacity of the roadway. Trip generation is eight (8) vehicles at peak hour in the a.m. & p.m. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The applicant is proposing to construct a 165’ monopole style wireless communications tower east of an existing church in a heavily wooded area. The facility will contain an eight (8) foot security fence around the 100x100 perimeter. B. The proposed setbacks exceed the minimum requirements of 165’ from any presidential property line or zoning district as outlined in Section 63.5-1(A). The setbacks include 372’ from the northeast property line, 200’ east of the property line (Big Gum Branch Creek), 367’ northwest of the property line (existing church), and 228’ southwest of the property line (Gordon Road). S-614, (04/13) Page 2 C. The Federal Aviation Administration conducted an aeronautical study under the provisions of 49 U.S.C. Section 44718 and Title 14 of the Code of Federal Regulations, part 77. The study revealed that the proposed structure does not exceed obstruction standards and would not be a hazard to air navigation. Within five (5) days of completion of construction the applicant is required to submit the FAA Form 7460-2, Notice of Actual Construction or Alteration to the FAA. D. Applicant provided a map and a report showing the search ring for an inventory of all structures investigated for collocation. No structures existed that could be utilized for the proposed tower. The proposed 165’ tower will provide locations for at least six additional future users. E. David Herring signed a written affidavit dated March 6, 2013 outlining his 18 years of experience within the tower industry and certifying the construction or placement of the tower meets the provision of the Telecommunications Act of 1996, the National Environmental Policy of 1969, FCC Rules and other applicable federal, state, and local laws. The affidavit further certifies that the radio frequency emissions from any antenna array(s) on the tower and any associated facilities will comply with FCC standards, individually and cumulatively. F. A sealed landscape plan has been provided by the applicant in accordance with Section 63.5-1(C) of the Zoning Ordinance. Existing vegetation will remain to meet landscaping requirements. G. Parking for service technicians will either be in the church parking lot or access easement. H. The applicant provided an engineer sealed site plan which illustrates a fall zone not to exceed 122’ as required per Section 63.5-1(B)(1). I. The applicants provided simulated photographic evidence of the proposed appearance of the tower from four vantage points in accordance with Section 63.5-1(B)(2). Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all required conditions and specifications of the Zoning Ordinance. Finding 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 location and character of the use according to the careful site and landscape plans will be in harmony with the area. The site will only be cleared to accommodate the construction of the facility. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. S-614, (04/13) Page 3 Finding 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 2006 Joint CAMA Land Use Plan shows the land classification as Urban. The purpose of the Urban classification is to provide for the continued intensive development and redevelopment of existing urban areas. B. The subject property is zoned R-15 Residential. Special Use Permits are required for telecommunication tower proposals. Summary The proposed telecommunications tower will meet the requirements of Section 63.5-1 and is located in an area classified as urban according to the 2006 CAMA Land Use Plan. Staff feels that the findings are positive; however, recommends the following conditions: (a)The proposed telecommunications structure incorporate a type of camouflage in order to be more harmonious with the adjacent residential properties; and (b) Provide documentation identifying the six parties intending to locate facilities on the tower prior to any permits being issued. Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED: (Choose one) 1. Motion to recommend approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (specify). 3. Motion to recommend denial based on specific findings in any of the four (4) categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet the requirements of the ordinance. Staff suggests the following motion: Motion to Recommend Approval of the Special Use Permit with the following conditions: (a) The proposed telecommunications structure incorporate a type of camouflage in order to be more harmonious with the adjacent residential properties; and (b) Provide documentation identifying the six parties intending to locate facilities on the tower prior to any permits being issued. S-614, 04/13 Page 1 Case S-614, (04/13) Special Use Permit to Erect a Cell Tower in a R-15 Residential Zoning District Petition Summary Data Parcel Location & Acreage: 6115 Gordon Road, 7.51 acres (10,000 square feet to be used) Owner/Petitioner: Thomas H. Johnson, Jr. on behalf of South Atlantic District/Christian Missionary Alliance for SCI Towers, LLC Existing Land Use: Church Zoning History: Area 8B (July 7, 1972) Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Smith Creek Park Access & Traffic Volume: Average Daily Trips (ADT) near the 6700 block of Gordon Road reveals a count of 22,817 Fire District: New Hanover County North Watershed & Water Quality Classification: Smith Creek C;SW 303(d) Aquifer Recharge Area: Primary Recharge Area (blend of Castle Hayne & Pee Dee Aquifers) Conservation/Historic/ Archaeological Resources: None Soils: Seagate and Johnston Septic Suitability: Marginal to Poor Schools: N/A WHITE RD GORDON RD WHITE RD PATSY LN DAISY LEE DR DANIEL BOONE TRL BAY BLOSSOM DR HARRIS RD GORDON ACRES DR PRIVATE INDIAN WELLS WAY MISSION HILLS DR CACTUS DR IVANHOE RD CANTWELL RD KAREN LN GORDON WOODS RD BUDDY RD WORTHINGTON WAY HEATHERSTONE LN HOPSCOTCH CT NEVERBREEZE LN PRIVATE 61 8 28 57 95 48 22 47 35 23 60 49 79 44 40 4 9645 11 71 104 103 100 18 19 91 41 68 74 39 97 81 14 82 7 5 9 90 89 1 3 67 58 75 102 2 21 92 24 80 78 52 6 12 59 98 83 85 55 50 87 99 34 7226 76 6394 56 13 84 17 46 30 51 29 37 20 27 73 16 31 9354 66 38 88 64 43 70 86 32 33 69 25 65 53 42 77 10 101 CASE MAPS-614, 04/13 Notes:Request to obtain aspecial use permit toconstruct a 165 foot monopoletelecommunications tower.The property is located withinan R-15, Residential District. Location:6115 Gordon Road Applicant:Thomas H. Johnson, Jr.on behalf of Christian Missionary Alliance See attachment forAdjacent Property Owner List ± 0300600 Feet S-614 S-614 LabelProperty Owner Receiving NotificationLabelProperty Owner Receiving NotificationLabelProperty Owner Receiving Notification 1ATKINSON CHRISTAL L47HOLBROOK HILLARY ANNE93VOLLRATH KENNETH ROBERT 2BATTI ANDREA P48HOWARD DONALD E HELEN J94WARD DAVID F ELIZABETH L 3BOWERS GEORGE L SYLVIA A49HUDSON WILLIAM E NILA M95WARD FRANKLIN O CAROL P 4BOX EDMUND K JOANNE E SMITH50HUGHES JANE G96WARD FRANKLIN O CAROL P 5BROOKS KEVIN J CRYSTAL K51HUGHES JOHN BETH BANGLEY97WARD JACK T JR JEAN C 6CADLE MATTHEW D CASSANDRA BARYK52KAYLOR JEMMALEE ALICE98WASHINGTON CURTIS LEROY JR 7CASSELLI JOHN E53KENNEDY JOSEPH C99WELAN JUSTIN MICHAEL 8CAUSEY JOYCE H MICHAEL B54KESLER JASON L100WELLS IRENE J 9CCH INVESTMENTS LLC55KING BRIAN A101WICH BRIAN A 10CCH INVESTMENTS LLC56KIRTLEY NATHAN R102WILBERGER DEBRA S ETAL 11CHILDERS BRENDA PARKER57LANGLEY JOHN C103WORRELL WILLIAM G DONNA S 12CIFFO KENNETH J SHELLY L58LITTLE KIM104WORRELL WILLIAM G DONNA S 13CLAYTER AMY S ETAL59LOVELL JOSHUA CALEB 14COLLINS WILLIAM B60LUTTERLOAH CHRISTOPHER THEO 15COUNCIL ALBERT M61MARGUCCIO DAVID J 16CROWDER BRUCE L MARTHA K62MARTIN TAMI S 17DALY THOMAS JAMES63MARTINEZ JOSSELIN J 18DAVIS CHARLENE64MCABEE COLENE E 19DEMONTBRUN JEANNE65MELE ERICA J SCOTT T 20DI BONA SHARON MARIE66MOON SANDRA C 21DOWD MARY67NAGLIC BRYAN P 22DREW JAMES S SANDRA M68NISI VINCENT H JR SHARON P 23DREW JAMES STEPHEN69ONEIL GORDON L LIVING TRUST 24DUNCAN JEFFREY M ALLISON K70PEREIRA JAIME JUAN 25FAULK PATRICIA71PERRIGO GREGORY G TAMI L 26FITZPATRICK MARK D72PETERSON NORMAN C JUDYTH D V 27FLAMING JACOB TAYLOR MEG ANNE73PHILLIPS RALPH A JR MARIE ETAL 28FOUNTAIN TERESA G74POWERS KEITH CAROL 29FRANKE ROBIN E MARIA MONICA75PRATI JOHN J LINDA M 30FRIZZELLE LEA J76RACKLEY RAMONA A 31GARRISS JONATHAN R YANAN YI77REYES JOSUE E ERIN D 32GAUSE ROBERT GARRETT78RICHARDS PHILLIP WAYNE ETAL 33GAY ALAN LEON VELDA JEAN79RODRIGUEZ DOROTHEA SUMMERS 34GREGORY TIMOTHY W SUSAN E80ROEDER ELIZABETH A 35HALL ODIS EUNICE SUE81SAILIT LLC 36HANNAN ROBERT C82SANCHEZ AGELIO G HILARIA S 37HANSLEY WILBERT ANNIE83SCHERY RICHARD A EILEEN F 38HANSLEY WILBERT ANNIE84SCHROYER CANDY 39HARDISON BUILDING INC85SECRETARY OF VETERANS AFFAIRS 40HARDISON BUILDING INC86SIBBALD JOAN D 41HATCHER AMANDA LEA87SILL BARBARA S 42HAYNES GERALDINE Y88STEELSE RONALD SARAH WOOD 43HEATH ROBERT DARRELL89STEPHENS MARGIE S ETAL 44HERRING DOROTHY J90STEPHENS TRAVIS E MARGIE 45HERRING DOROTHY JO SMITH91STRICKLAND CHARLES DENISE 46HODGE JEREMY S92TAFT TREVIA T WHITE RD GORDON RD WHITE RD PATSY LN DAISY LEE DR DANIEL BOONE TRL BAY BLOSSOM DR HARRIS RD GORDON ACRES DR PRIVATE INDIAN WELLS WAY MISSION HILLS DR CACTUS DR IVANHOE RD CANTWELL RD KAREN LN GORDON WOODS RD BUDDY RD WORTHINGTON WAY HEATHERSTONE LN HOPSCOTCH CT NEVERBREEZE LN PRIVATE R-15 R-10 CITY R-10 CASE MAPS-614, 04/13 Notes:Request to obtain aspecial use permit toconstruct a 165 foot monopoletelecommunications tower.The property is located withinan R-15, Residential District. Location:6115 Gordon Road Applicant:Thomas H. Johnson, Jr.on behalf of Christian Missionary Alliance See attachment forAdjacent Property Owner List ± 0300600 Feet S-614 S-614 PROPOSED PLAN WAYPOINT VV81 PI' 10" ENGINEERING PLLC 1970 CHANDALAR OFFICE PARK, SUITE 20 PELHAM.AL 35124 205-378-9618 New Hanover County Planning and Inspections-Planning & Zoning Attn: Mr. Sam Burgess 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Re: SCI Towers LLC-Gordon Road project-6115 Gordon Road, Wilmington, NC 28411 Tower fall radius Dear Mr. Burgess, Please be advised that the proposed 165' monopole communications tower for the above referenced project will be designed, in the unlikely event of a failure, to collapse within a specific fall zone not to exceed 122' from the base of the proposed tower location. This fall zone is shown on the site plan submitted to New Hanover County. Thank and feel free to call me with any questions at 205-378-9618. (POINT ENGINEERING PLLC Russell C. Morrison, P.E. North Carolina PE#23365 SEAL 23365 APPLICANT MATERIALS SCI Gordon Road 6115 Gordon Road Project Narrative This Application is a Special Use Permit for the construction of a 165’ monopole communications tower and related facilities on a 10,000 square foot site on the parcel owned by Christian Missionary Alliance located at 6115 Gordon Road, Wilmington, NC 28411. The property is zoned R-15. Telecommunication towers are a special use in the R-15 district. The site has an existing church building and related facilities. The location of the tower is adjacent to the church building located within the portion of the property that is heavily wooded. The site will be cleared only to the extent necessary for construction of the tower and related facilities. Access will be via Gordon Road, a public right of way. The nearest residence is located 317 feet to the east and is separated by 260 feet of mature existing vegetation. The tower will be setback 200 feet to the east, 372 feet from the northeast, 367 feet from the northwest and 228 feet from the southwest. All of which equal or exceed the required setbacks to the property line and residentially zoned property requirements. Therefore, there are no waivers we are requesting. The tower site will be surrounded by an 8 foot security fence. Since this site is heavily wooded, the existing vegetation will remain to meet the landscape requirements of the zoning ordinance. As evidenced by the enclosed statement, the applicant looked for possible existing sites within it’s required service area. Within this service area, there are no existing towers or structures to provide the necessary service. This tower will be designed to accommodate six users. We are proposing a monopole structure in order to accommodate as many future wireless users as possible in order to limit the need for additional towers to serve this service area. Unfortunately, a flagpole style tower will limit the number of carriers that can utilize this type of tower. Because the antennas are enclosed the number of antennas are limited, each carrier would need to take two different levels of the tower. This would effectively turn a tower that was designed for six carriers into a three-carrier structure. Another tower would be needed in the immediate vicinity to accommodate additional users. As evidenced by the enclosed affidavit, the tower will meet all provisions of the Telecommunications Act of 1996; FCC Rules Sections 1.1311, 1.1312, 1.1307 and all other applicable federal, state and local laws. Z-923M, (04/13) Page 1 CONDITIONAL ZONING DISTRICT REZONING REQUEST Z-923M, 04/13 Petitioner: WalterA“Pete”A very Request: Modify Approved CZD (B-1) Conditional Zoning District Neighborhood Business Site Plan Acreage: 2.06 (includes land & right-of-way frontage) Location: 2616, 2620, 2624 Castle Hayne Road CAMA Land Classification: Transition HISTORY OF THE PROPERTY County Commissioner Board Action In regular session on December 3, 2012, the Board of New Hanover County Commissioners voted 5-0 approvingAtheApetitioner’sArequestAtoArezoneAapproximatelyA2:12AacresAofAright-of-way and land at 2616, 2620, & 2624 Castle Hayne Road from R-20 Residential to CZD (B-1) Conditional Zoning District Business for a Merchandise Store/Miscellaneous Retail. Conditions at that time included the following: 1) Retail hours be limited from 9:00 a.m. to 9:00 p.m. to mitigate concerns from adjacent residential property owners. 2) Specific land uses be permitted to General Merchandise Stores and Miscellaneous Retail. 3) The inclusion of a small wedge of land zoned AR Airport Residential located in the northeastern corner of the property located at 2620 Castle Hayne Road. 4) Directional lighting installed to reduce light pollution on adjacent properties. 5) The creation of a five foot easement fronting the property for a future sidewalk. 6) pprovalAofAaAsepticAtankApermitAthruAtheACounty’sAEnvironmentalAHealthADepartment: 7) The mitigation of trees located on site in accordance with the zoning ordinance. Staff Summary (revised site plan only) Zoning History The Planning Board at their regular meeting on November 1, 2012 recommended approval by a vote of 6-0 with the conditions noted above. The subject properties (3) are located near the northeasternAcornerAofAtheA“T”AintersectionAonANorthAKerrA Avenue and Castle Hayne Road. These properties were an original part of a larger R-20 Zoning District dating back to July, 1974. Petitioner’s Request The modified application seeks approval of a revised site plan for the two (2) subject properties (2616 & 2620 Castle Hayne Road). No change to the zoning is proposed or needed. After the Board of County Commissioners approval in December, 2012 to CD (B-1) and the companion site plan, two new Z-923M, (04/13) Page 2 discoveries were made when a new official survey of the property was completed. First, the survey revealed that the Castle Hayne Road right-of-way varied and actually was wider along the road frontage of the properties rezoned creating less of a property depth than originally realized. Second, there was a discovery in the original survey that the rear property line was incorrect culminating in a property depth decrease of 24.5 feet. This in effect created an eastward shift in the proposed site improvements and building location to compensate for the reduced depth. One problem the shift created was an encroachment of approximately 3-5 feet into the maximum rear yard setback. Attempts to eliminate that problem by makingAminorAtweaksAtoAtheAsiteAplanAwereAnotAfruitfulAdueAtoAtheAbuilding’sAdimensionalA needs and requirements and avoiding additional design inconsistencies dictated by other zoning requirements. Because of the rear yard encroachments that could not be avoided, a variance was granted by the New Hanover County Board of Adjustment at their February 26, 2013 meeting (See letter approval). Summary of Site Plan Differences A. Property Lines - Southern Property Line: Length on Approved Plan ( see ExhibitAF).A290:41’ - Southern Property Line Length on Revised Plan (see ExhibitAF:1).A271:24’ - Northern Property Line Length on Approved Plan (see ExhibitAF).A290:40’ - Northern Property Line Length on Revised Plan (see ExhibitAF:1).A260:13’ B. Rear Yard Setback - Encroachment of 3-5 feet on Revised Plan (Variance by Board Adjustment) - MaximumARearAYardASetbackAonACurrentAPlan.A78:33’A(basedAbuildingAheightA21’) - MaximumARearAYardASetbackAonARevisedAPlan.A61:54’A(basedAonArevisedAbuildingA heightAofA16:5’) Staff Position This application is necessitated by Section 55.3 ofAtheACounty’sAZoningAOrdinance on Conditional Zoning Districts. This section essentially states that changes to setbacks on a previously approved site plan must be approved by the County Commissioners in much the same way a special use permit is reviewed. A related section in the Ordinance requires the same type of changes to follow the normal rezoning/zoning map amendment process. Staff agrees this procedure creates an unneeded conflict, mostly because it limits administrative discretion to approve minor setback changes and because it triggers a full scale rezoning review that serves no real purpose. Staff plans to present a zoning text amendment to deal with future matters such as these. Staff recommends the adjustments to the site plan with the conditions adopted by the Board of Commissioners (noted above) at their December 3, 2012 meeting. Action of Revised Site Plan Needed MotionAtoArecommendAapprovalAofAtheApetitioner’sArequestAasAproposed MotionAtoArecommendAapprovalAofAtheApetitioner’sAproposalAasAamended MotionAtoA“table”AtheAitemAinAorderAtoAreceiveAmoreAinformation MotionAtoAdenyAtheApetitioner’sArequestAbasedAonAspecificAreasons Z-923M, 04/13 Page 1 Case Z-923M, (04/13) Rezoning to Conditional Zoning District CZD (B-1) from R-20 Residential Petition Summary Data Parcel Location & Acreage: 2616, 2620 & 2624 Castle Hayne Road, 2.06 acres Owner/Petitioner: Pete Avery on behalf of TCB Rocky Point, LLC Existing Land Use: Mostly Vacant Zoning History: Area 10A (July 1, 1974) Land Classification: Transition Water Type: Public Sewer Type: Private (septic tank) Recreation Area: Cape Fear Optimist Park (N. Kerr Avenue) Access & Traffic Volume: Average Daily Trips (ADT) near the intersection of Castle Hayne Road/North Kerr Avenue is 18,271 (March, 2013) Fire District: New Hanover County North Watershed & Water Quality Classification: Ness Creek (C;SW) Aquifer Recharge Area: Secondary (blend of Castle Hayne & Pee Dee Aquifers) Conservation/Historic/ Archaeological Resources: None Soils: Onslow Septic Suitability: Marginal Schools: N/A 30 41 6 42 44 7 2 8 27 14 40 39 28 15 45 38 32 10 33 24 43 261 2331 3 9 37 22 19 34 17164 5 21 18 2920 25 3511 12 36 13 CASTLE HAYNE RD WI ND SA IL DR KERR AVE N H A RR E LL S L N PR IVAT E HO R N E PL A C E D R L AU RE L D R FERN DR SH ER ID AN DR LO N G L EA F D R HARNETT AVE PR IVAT E P R I VAT E CASE MAPZ-923M, 04/13 Notes:Request to modify anapproved CZD(B-1)Conditional Zoning DistrictB-1 Business containing 2.06acres of land and Right of Way. Location: 2616, 2620, & 2624Castle Hayne Road Applicant:Walter Pete Avery on behalfof TCB Rockey Point, LLC ± Z-923M 0250500ft Z-923M LabelProperty Owner Receiving Notification1 BOYD RONALD KATHY2 CLARK STORES LLC3 CLARK VAN H JR ETAL4 DAVIS ISABEL JOSENHANS5 DAVIS J S MRS HRS6 ENNIS EDWIN I JR7 ENNIS EDWIN I JR ETAL8 FUTCH LOUISE P LIFE ESTATE9 HARMON WILLIAM D ELIZABETH H10 HERRMANN DELBERT LEON11 HUGHES RONALD12 HUGHES RONALD JOYCE S13 HUGHES RONALD JOYCE S14 HUGHES RONALD M15 HUGHES RONALD M16 INMAN DAN E MARIE P17 INMAN DAN E MARIE P18 JEWELL JOSEPH L DEBORAH A19 JOHNSON KEITH LANDON20 JOHNSON R CHARLES BARBARA L21 KEITH IDA BARNHILL22 LA BELLA AIROSA LLC23 LA BELLA AIROSA LLC24 LAURINBURG KFC TAKE HOME INC25 MANESS KIM D VALERIE J26 MCCANDLESS ELEANOR N27 MCDOWELL FRED AUSTIN SHELVIA S28 MORELAG LLC29 MORTON STEVEN C PATRICIA J30 NEW HAN CNTY31 OCELOT ENTERPRISES INC32 PHILLIPS 66 COMPANY33 PRIDGEN GAIL C34 PRIDGEN GAIL C35 RHAMES ISAAC SYLVIA J36 SMITH HUBERT L JR CYNTHIA W37 SMITH HUBERT L JR CYNTHIA W38 SPELL CRAIG STEPHEN SUZANNE SKIPPER39 TORTUGA INVESTMENT COMPANY40 WILLIAMS JANET HERRING ETAL41 WILLIAMS JANET HERRING ETAL42 WRIGHTSBORO PLAZA43 WRIGHTSBORO PLAZA44 WRIGHTSBORO PLAZA45 WRIGHTSBORO VOL FIRE DEPT CASTLE HAYNE RD WI ND SA IL DR KERR AVE N H A RR E LL S L N PR IVAT E HO R N E PL A C E D R L AU RE L D R FERN DR SH ER ID AN DR LO N G L EA F D R HARNETT AVE PR IVAT E P R I VAT E R-20 R-15 AR B-2 SC B-1 SC O&I CZD A-I B-1 R-20 CASE MAPZ-923M, 04/13 Notes:Request to modify anapproved CZD(B-1)Conditional Zoning DistrictB-1 Business containing 2.06acres of land and Right of Way. Location: 2616, 2620, & 2624Castle Hayne Road Applicant:Walter Pete Avery on behalfof TCB Rockey Point, LLC ± Z-923M 0250500ft Z-923M CURRENT APPROVED PLAN PROPOSED PLAN APPLICANT MATERIALS March 2013 TRC Report Page 1 Technical Review Committee Report: March, 2013 The County’s Technical Review Committee met once in March. Projects reviewed included one revised performance residential site plan and a revision to a planned development site plan. Sunset Reach (Performance) Sunset Reach is located at the western terminus of Rockhill Road near the Wrightsboro Community and is classified as Wetland Resource Protection on the 2006 CAMA Land Use Plan. The representative for the project submitted a revised preliminary site plan for 60 single family lots. The project will be served by public water and sewer (CFPUA) with privately designated roads. Originally, the plan was approved for 53 residential lots several years ago under different ownership. In a vote of 4-0, the TRC approved Sunset Reach for 60 lots with the following conditions: 1) No gates, obstructions or on-street parking will be permitted. 2) The road stub known as Salvador Way and will eventually connect with the River Bluffs project to the north will be constructed to the project property boundary prior to final plat approval for all or a portion of the project. 3) A revised NCDOT Driveway Permit may be required prior to final plat approval for all or a portion of the project. 4) County storm debris pick-up will not be available on the project’s private road network. 5) Public water and sewer will serve the project. A water pressure test on the fire hydrants will need to be coordinated with County Fire Services. River Bluffs: Phase 1 (Revised PD Site Plan) River Bluffs (aka Rose Hill Landing) is located at the western terminus of Chair Road adjacent and south of the GE Facility and is classified as Wetland Resource Protection on the 2006 CAMA Land Use Plan. The developer for the project requested that Phase 1 be revised to reflect a change in the number of lots (193 to 223), an adjustment in acreage (80.55 to 88.03), the adjustment of the private road design to protect more significant trees, creation of a kayak boat launch (northwestern portion project), and modification of Low Impact Development (LID) criteria. The project will be served by public water and sewer. Originally, Phase 1 of the preliminary plan was approved by TRC in July, 2010. In a vote of 4-0, the TRC preliminarily approved the revised site plan for a total of 223 single and multi- family lots and the LID component to the project. Conditions were imposed on the site plan and the LID component. Site Plan Conditions 1) Gates leading into the project from Chair Road or the private road connection to Sunset Reach are the option of the developer. 2) The approved TIA will need to be revisited between the developer and the WMPO. 3) No bond or financial guarantee will be posted with the County regarding construction/installation of public water and sewer. At present, a developer agreement has been reached with the CFPUA to extend water and sewer lines. Water and sewer construction is slated to begin in approximately three (3) months according to the developer. 4) Proposed street names will need to be modified to mitigate duplication per County Emergency Management concerns relating to emergency service delivery. 5) Private road profiles need to be labeled as private roads rights-of-way, not easements. 6) The Private Road Certificate language needs to be added to the plan. March 2013 TRC Report Page 2 7) The developer or his agent will need to communicate and coordinate with County Fire Services on the construction of the small boat dock facility (kayak launch) located in the northwest portion of the project. 8) The clubhouse will be reviewed as a commercial entity with County Fire Service coordination. 9) Remaining significant trees will need to be mitigated through the Planning/Inspections office. Low Impact Development Conditions 1) The LID-EZ Spreadsheet will need to be completed. The spreadsheet will need to be submitted to County Engineering for their review. 2) LID techniques such as cisterns and pervious pavement will be used per the New Hanover County LID Storm Water Permit. 3) The developer will be responsible for insuring that each builder be responsible for LID techniques. 4) Every effort should be made to preserve the floodplain and vegetation due to the number of rare plants and animal species. 5) To satisfy LID requirements, a combination of bio-retention areas, swales, and infiltration will be utilized. 6) Curb & gutter will not be utilized and street widths minimized to reduce the amount of impervious coverage. ** The next regular meeting of the TRC is slated for April 10, 2013. **