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Agenda 2009 10-05AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmin ton, NC g TED DAMS, JR., CHAIRMAN • JASON R. THOMPSON, VICE-CHAIRMAN ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • JONATHAN BARFIELD, JR., COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD OCTOBER 5, 2009 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION (Joey Canady, Pastor, Kure Beach First Baptist Church) PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Second Reading Approval of Solid Waste Franchise for Job-Site Container Co., Inc. 3. Adoption of Ordinances for Budget Amendments ESTIMATED RE LAR A E DA ITEM F B I E TIMES GU G N S 0 USN SS 6:10 p.m. 4. Consideration of Domestic Violence Awareness Month Proclamation 6:15 p.m. 5. Public Hearing Special Use Permit (5-593, 7/09) - Request by Pennington Law Firm, for James D. Page, Jr. for a Special Use Permit to Allow a 199-Foot Tall Wireless Cellular Tower on a Portion of a One-Acre Parcel at 8104 Sidbury Road in an R-15 Residential Zoning District 6:30 p.m. 6. Public Hearing Rezoning Request (Z-898, 9/09) - Request by New Hanover County Airport Authority to Rezone Approximately 1.96 Acres at 1809/1821/1825/1829 Farley Drive from AR Airport Residential to AI Airport Industrial 6:45 p.m. 7. Public Hearing Rezoning Request (Z-899, 9/09) - Request by Steve Hall of Maus, Warwick, Matthews ~ Co. on Behalf of H.L. Smith, Dan Inman, and Laurens C. Davis to Rezone Approximately 2.53 Acres at 2600/2604/2608/2612 Castle Hayne Road and 3516/3512 N. Kerr Avenue from R-20 Residential and AR Airport Residential to B-1 Neighborhood Business District NON-AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 7:10 p.m. 8. Consideration of Request for Additional Funds for Beach Renourishment for Wrightsville, Carolina and Kure Beaches 7:15 p.m. 9. Additional Items County Manager Board of Commissioners Meeting ~ nms~~nna I V/ V.1/ L.VVI County Commissioners Clerk to the Board County Attorney 7:25 p.m. 10. ADJOURN 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. Board of Commissioners Meeting ~ nms~~nna I V/ V.1/ L.VVI NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 5, 2009 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meeting: Regular Session meeting held on September 21, 2009 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting ~ nms~~nna 1V/V.1/L.VVI 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 5, 2009 CONSENT ITEM: 2 DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau CONTACT(S): Kemp Burpeau, Deputy County Attorney SUBJECT: Second Reading Approval of Solid Waste Franchise for Job-Site Container Co., Inc. BRIEF SUMMARY: New Hanover County requires a County issued franchise to collect solid waste. Pursuant to Section 44-55 of the New Hanover County Code, the applicant has provided information about the business organization, equipment, personnel, and financial plans. The Environmental Management Director has no objection to the franchise request. The initial franchise period will run for seven years. The first reading was unanimously approved on September 21, 2009. A second reading is required for final franchise award. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. Upon award, the franchisee will provide certificates of insurance, agree to not bring outside waste into the County, and to haul all waste to a County designated facility. ATTACHMENTS: Job-Site Docs COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 2-0 ■ ■ ■ ~ ■ ■ • ■ ~ ` 1 ' • a ~ ~ ■ ■ ~ 3 ~ ■ ■ ■ ■ ? 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 5, 2009 CONSENT ITEM: 3 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2010. 10-057 -Senior Resource Center 2010-19 -Finance -Room Occupancy Tax RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed in the summary above. ATTACHMENTS: B/A 10-057 B/A 2010-19 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 3-0 AGENDA: October 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-057 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-057 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Senior Resource Center/Transportation Ex enditure: Decrease Increase Senior Resource Center/Trans ortation: Trans ortation $559 Total $559 Revenue: Decrease Increase Senior Resource Center/Trans ortation: Grant -State - EDTAP $559 Total $559 Section 2: Explanation To budget $559 of additional transportation funds received from the North Carolina Elderly and Disabled Transportation Assistance Program (EDTAP). Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-057, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 3-1-1 AGENDA: October 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 2010-19 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2010-19 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: Room Occupancy Tax -1St 3% Department: Finance Ex enditure: Decrease Increase Room Occu anc Tax: Erosion Control Pa ment $1,500,000 Total $1,500,000 Revenue: Decrease Increase Room Occu anc Tax: A ro riated Fund Balance $1,500,000 Total $1,500,000 Section 2: Explanation On September 8, 2009, the Board of County Commissioners approved the Port, Waterway and Beach Commission's recommendation to contribute $1.5 million from the Beach Nourishment Fund for the navigational maintenance part of the Wrightsville Beach project, without the condition to supply sand to the Wrightsville Beach portion of the project before sand is provided to the Masonboro Island. This budget amendment appropriates $1.5 million in Room Occupancy Tax Fund Balance for this project. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2010-19, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 3-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 5, 2009 REGULAR ITEM: 4 DEPARTMENT: County Manager PRESENTER(S): Shanta Nowell CONTACT(S): Bruce T. Shell SUBJECT: Consideration of Domestic Violence Awareness Month Proclamation BRIEF SUMMARY: October is National Domestic Violence Awareness Month. Shanta Nowell, Children's Advocate with Domestic Violence Shelter and Services, requests the Board to adopt a proclamation to recognize October 2009 as "Domestic Violence Awareness Month" in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 4-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far-reaching, forcing battered women and their children to seek safe shelter, law enforcement prosecutors to expend valuable resources and families and friends to grieve at the loss of life; and WHEREAS, 1,369 adults and children sought safe shelter or other direct services at the Wilmington Domestic Violence Shelter and Services, Inc. in the year 2008; and WHEREAS, the Wilmington Domestic Violence Shelter and Services, Inc. provides emergency support and ongoing services for victims and survivors of domestic abuse; and WHEREAS, on Wednesday, September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, was killed in an act of domestic violence exhibiting to all her coworkers and friends, the prevalence of domestic violence and its consequences; and WHEREAS, many other persons throughout New Hanover County and the United States find themselves in abusive relationships and need to find security and an end to their physical and mental attacks. NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages our citizens to redouble their efforts to obliterate the problem of domestic violence from our families, our neighborhoods and our community. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2009 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 5th day of October, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 4-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 5, 2009 REGULAR ITEM: 5 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe and Jane Daughtridge CONTACT(S): Chris O'Keefe and Jane Daughtridge SUBJECT: Public Hearing Special Use Permit (5-593, 7/09) -Request by Pennington Law Firm, for James D. Page, Jr. for a Special Use Permit to Allow a 199-Foot Tall Wireless Cellular Tower on a Portion of a One-Acre Parcel at 8104 Sidbury Road in an R-15 Residential Zoning District BRIEF SUMMARY: At its August 3, 2009 meeting the Planning Board voted 3-2 to recommend approval of the permit with a condition that the tower be moved south as far as possible away from the Southerland property. Four people spoke in opposition to the tower, expressing a wide range of concerns for possible health and safety impacts and for possible wildlife, air traffic and archaeological disturbance. The applicant believes the tower can be relocated at least 58 feet, making the setback from the property line about 184 feet and thereby exceeding the standards in the ordinance. PLEASE NOTE THAT THE APPLICANTS HAVE SUBSEQUENTLY REVISED THE PROPOSED LOCATION FURTHER SOUTH ON OTHER PROPERTY OWNED BY MR. PAGE IN ORDER TO BETTER ACCOMMODATE CONCERNS OF THE NEIGHBORHOOD AND STAFF. The site is classified as Wetland Resource Protection on the 2006 LAMA Land Classification Map. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: 1. Use the Script/Worksheet to make findings and Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use ATTACHMENTS: 5-593 Findings of Fact 5-593 Petition Summary 5-593 Adjacent property map 5-593 Applicant Materials 5-593 Site Plan revised COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 5-0 COMMISSIONERS' ACTIONS: Approved 5-0 with the additional condition that the applicant submit form 7460 to the FAA and comply with the safety conditions as deemed appropriate by the FAA. Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 5-0 SPECIAL USE PERMIT 5-593, 7/09: Cellular Communications Tower (Alltel/Verizon) Request By: Pennington Law Firm for James Page Location: 8104 Sidbury Road (relocated from 8106) PLANNING BOARD ACTION: At its August 3, 2009 meeting the Planning Board voted 3- 2 to recommend approval of the permit with a condition that the tower be moved south as far as possible away from the Southerland property. Four people spoke in opposition to the tower, expressing a wide range of concerns for possible health and safety impacts and for possible wildlife, air traffic and archeological disturbance. The applicant believes the tower can be relocated at least 58 feet, making the setback from the property line about 184 feet and thereby exceeding the standards in the ordinance. PLEASE NOTE THAT THE APPLICANTS HAVE SUBSEQUENTLY REVISED THE PROPOSED LOCATION FURTHER SOUTH ON OTHER PROPERTY OWNED BY MR. PAGE IN ORDER TO BETTER ACCOMMODATE CONCERNS OF THE NEIGHBORHOOD AND STAFF. Preliminary Staff Findings In its review of the request, the Planning Staff made the following preliminary "findings of fact" and suggests that the Commissioners likewise include these among any specific "findings of fact" that they may make regarding the case. Findings should be made by separate motion(s) and vote(s) prior to any motion to grant or deny the permit. 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 or sewer will serve the property. B. The property accesses Sidbury Rd., a rural collector, via an unimproved soil driveway. C. Level of Service on Sidbury is rated as A, meaning traffic volumes are less than the design capacity and traffic flows freely. D. Average daily traffic counts along Sidbury Rd. in the vicinity increased by nearly 8% between 2007 and 2008. E. Traffic Impact Analysis is not required because traffic for this use will not reach the threshold of 100 peak hour trips. F. Fire Service is available from the Porter's Neck Volunteer Fire Department. G. The property is not located in a flood hazard area. H. The tower emissions information is provided in the Local Government's Guide to RF and in FCC Fact Sheet #2, beginning with item number 16. Both indicate that emissions levels for these types of facilities are significantly below what would be considered safe by the National Council on Radiation Protection. I. The location is within the airport approach zone but the proposed height of 191 feet is below the level at which special FAA permission would be required. 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. 5-593 (7/09) Page 1 of 3 Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 5-1-1 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 residential zoning district. Communication towers are allowed only by special use permit in this district under certain conditions outlined in Sec. 69.17 of the ordinance. B. The facility and its appurtenant uses shall not be located closer than the proposed height of the tower to any residential dwelling. The nearest residential structure is an above ground swimming pool which would be about 3 60 feet from the tower. C. The request proposes collocation accommodation for 3 additional providers. The ordinance requires at least one collocation opportunity. D. A written certification has been submitted that Alltel Communications agrees and certifies that the construction or placement of the structure meets the provisions of the Telecommunications Act of 1996, the National Environmental Policy Act of 1969, FCC Rules, Section 1.1311,1.1312.1.1307 and all other applicable federal, state and local laws. E. Local, state and federal requirements may include possible property upgrades to meet building codes and fire safety codes. Staff Suggestion: The proposed new location of the tower and its appurtenant use is substantially more than the required distance from the adjacent properties, and therefore the new evidence in the record supports a finding that the use meets the specifications of the ordinance. 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. No evidence has been submitted that this project will decrease property values of surrounding properties. Residential uses dominate the immediate area. B. Wireless communication towers are not a public necessity but public reliance on wireless communication has experienced significant growth over the past 10 years. Staff Suggestion: The evidence in the record at this time supports a f ending that the use will not substantially injure the value of adjoining or abutting property. 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 Land Use Plan Update identifies this area as Wetland Resource Protection. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources in an urbanizing county. B. Policies in the 2006 Land Use Plan do not specifically address telecommunication towers, although the plan encourages provision of adequate land and suitable locations for various land use types. Policy 5.7 states that the county will 5-593 (7/09) Page 2 of 3 Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 5-1-2 preserve the character of the area's existing residential neighborhoods and quality of life. C. Adjacent property owners spoke at the planning board to express concerns that the tower would be located too close to their small, established community. The applicant has voluntarily revised the proposed site location over 100 feet to the south of the original proposal heard at the Planning Board meeting. Staff Suggestion: The recent revision that moves the site further south seems to suggest that the use will be in harmony with the area, and supports a~nding that the use is in general conformity with the County's plan of development. ACTION NEEDED: Use the Script/worksheet to make findings and 1. Grant the special use or 2. Add conditions to the special use or 3. Deny the special use 5-593 (7/09) Page 3 of 3 Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 5-1-3 Case: 5-593 (7/09) Special Use Permit -cellular communications tower Petition Summary Data 8106 Sidbury Road Owner/Petitioner: Pennington Law Firm for James Page Existing Land Use: vacant/forestry Zo~ History Area 8A (July 7,1972) Land Classification: Wetland Resource Protection Water Type: Private ~r Sewer T~ Private Recreation Area: N/A Access & TraffMic Volume: Sidbury Road 2008 ADT =1,960 compared to 2007 ADT=1,820 (+7.7%} LOS=A Fire District: Porter's Neck VFD Watershed & Water Quality Classification: Island Creek; C; Sw Aquifer Rechar e Area: Primary recharge for the principal aquifers (combined Castle Hayne and Pee Dee aquifers-confined and artesian}. 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Y r I t = ~ ti f: , _ - ~ i _ N j _ - _ - - _ _ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 5, 2009 REGULAR ITEM: 6 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe and Jane Daughtridge CONTACT(S): Chris O'Keefe and Jane Daughtridge SUBJECT: Public Hearing Rezoning Request (Z-898, 9/09) -Request by New Hanover County Airport Authority to Rezone Approximately 1.96 Acres at 1809/1821/1825/1829 Farley Drive from AR Airport Residential to AI Airport Industrial BRIEF SUMMARY: At its September 3, 2009 meeting ,the Planning Board voted 6-0 to recommend approval of the request. No one from the public spoke on this item. One telephone inquiry was received by staff, asking what the impact of the rezoning might be on remaining residents along Farley Drive. The parcels are classified as Transition on the 2006 LAMA Land Classification Map. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment from AR-Airport Residential to AI-Airport Industrial District as described is (or is not): 1. Consistent with the purposes and intent of the Transition land classification and land use policies 4.2 and 19.5 adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow transition of land use from airport residential to airport industrial in proximity since the property has been acquired by the airport authority and no longer serves a residential purpose. ATTACHMENTS: Z-898 Staff Summary Z-898 Petition Summary Z-898 Adjacent Property Map Z-898 Applicant Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 6-0 CASE: Z-898, 9/09 PETITIONER: New Hanover County Airport Authority REQUEST: From AR- Airport Residential to AI Airport Industrial District ACREAGE: Approximately 2 acres LOCATION: 1809/1821/1825/1829 Farley Drive LAND CLASS: Transition PLANNING BOARD ACTION: At its September 3, 2009 meeting ,the Planning Board voted 6-0 to recommend approval of the request. No one from the public spoke on this item. One telephone inquiry was received by staff, asking what the impact of the rezoning might be on remaining residents along Farley Drive. STAFF SUMMARY The subj ect properties are located in the northern portion of the county in an area classified as Transition on the 2006 LAMA Land Classification map. The properties are formerly residential lots that are now part of Wilmington International Airport property. They front along Farley Drive, which intersects with N. Kerr Avenue. Traffic counts are not available for Farley Drive. N. Kerr Ave. is signalized at this intersection and level of service (LOS) changes significantly at the intersection from F on the south to A on the north. Average daily traffic counts on N. Kerr increased by about 1 % between 2006 and 2007. Current zoning of the property is AR Airport Residential, but other property west of Farley Drive is all zoned AI airport Industrial. A farm operation is still in production to the north of this proposal. Across the street on the east side of Farley Drive, the zoning is AR and residential uses are still active. The subj ect properties are located in Smith Creek watershed drainage area which is classified C, Sw and is within a secondary aquifer recharge area. The property is not within the 100 year flood zone. Soils are primarily Class III with severe limitations for septic. The Airport Height Ordinance applies in this location. Land Use Plan Considerations: This proposal includes four parcels on the west side of Farley Drive and inside the fenced airport property. The lots were formerly developed with residential uses but are currently vacant. The AI airport industrial district is described as one that provides for indoor manufacturing and distributive type operations that are compatible with airport facilities, Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 6-1-1 generally protecting the lives and property of the users of the airport and occupants in the vicinity. The district is designed to prevent destruction or impairment of the utility of the airport and the public's investment in it. A small area plan, "Wrightsboro, An Eye on the Past A Step Towards the Future," was prepared and adopted in 1991 and discussed the AR and AI districts, but none of the obj ectives or actions in the plan addressed airport issues. In addition, the 2006 LAMA Land Use Plan adopted Policy 19.5 relating to Wilmington International Airport, stating that the county would cooperate with the Airport Authority to increase competitiveness while being mindful of the compatibility with adj acent businesses and homes. Further policies for industrial land use are outlined under Policy 4.2 of the plan, which encourages delineation of areas that will maximize the efficient use of infrastructure while protecting fragile ecosystems from harm and protecting residents from undue impacts. The 2006 Update of the Joint LAMA Plan describes the purpose of the Transition classification as providing for future intensive urban development on lands that have been or will be provided the necessary urban services for maximum efficiency inland utilization and public service delivery. A traffic impact analysis (TIA) would be required for any new use that generates more than 100 peak hour trips. Industrial uses as allowed in AI districts would be possible in this location if the lots are rezoned as proposed. Staff acknowledges that the current zoning creates a sort of safeguard for the residents at the south end of Farley Drive from potential industrial development across the street on the airport property, but staff feels the proposed zoning pattern is reasonable and consistent with the plan. Furthermore, the county's development standards would address any buffering or other requirements if development occurs. Staff recommends approval. ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment from AR-Airport Residential to AI-Airport Industrial District as described is (or is not): 1. Consistent with the purposes and intent of the Transition land classification and land use policies 4.2 and 19.5 adopted in the 20061and use plan; 2. Reasonable and in the public interest to allow transition of land use from airport residential to airport industrial in proximity since the property has been acquired by the airport authority and no longer serves a residential purpose. Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 6-1-2 Case: Z-898 (9/09) Petition Summary Data Rezone approx. 2 ac. AR to AI Owner/Petitioner: New Hanover County Airport Authority Existing Land Use: Vacant land Zo~ History Airport -October 4,1976 Land Classification: Transition Water Type: public Sewer T~ public Recreation Area: N/A Access & Traffic Volume: Access from Farley Drive. No traffic counts or LOS is available. Fire District: Wrightsboro VFD Watershed & Water Quality Classification: Smith Creek - C;Sw 303(4) Aquifer Rechar e Area: A secondary recharge area for Castle Hayne and PeeDee where occurring near land surface under water-table conditions. Conservation/Historic/Archaeological Resources: None Soils: Le-Leon soil and Se-Seagate fine sand Septic Suitability Class III, severe limitations and Class II, moderate limitations Schools: N/A Other: Airport Height Ordinance Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 6-2-1 N-~ ~ m V ~ ~ ~0°a ~ ,8 l 39~a3 S3NOlS r r~~ J+ mr ~0 ~ ~~y~.~db _0 ~~b ~0 ~00~ ~ O ~~~'d BH,~,~ON = U4 h~ ~jr bO~Nl~ds ~'~b7 BIRNAM-L-N ~~d m ~ ~ 0 0 ~ w p Y 0 Q a W ba-~00~eab,~ w m w o N W ~ a 0 ba-O131~~00b8 by 0 31.y,~l~d~'o 210-31b'9H1f10S ~ 02I-X3l T ~ Q a ~ o o w ~ w N ' Z ~ ~ Z Z ~ W Q J F= F- W ~ ~ ~ Q Q jo 0 EW 7b c7 ~ v1 ddb M ~PRNE-0 a. ~ ~ M r ~O ttr O~V Oy~~ a a ~ _ ~ N M~ ~ t0 h 00 01 O r N M~ N _ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0~ ~ ~ J - O O ~ N N ~ ° H ~ H ~ ~ ~ m d ~ v ~~~~~~v m ~ ~ ? Q 2 2 2 2 2 2) Li ~ J _ Z ~ W W > j > > > > Q ca= J2 J aaaaaa0 0 0 0 0 0 0 ~ W aaaaaa0 ~mcCL= i w0(n aaaaaaZ O\ cC= ~ ~ as V Z ~ W Y ~ ~ ~ } } } ~ ~ ~ 2 d7 'XO3a3L g 3~0°m~wzzzzzzzzz~ O cQ~~a~o ~ 0 ~Oa~vvvvvvvvvN ~ Q, L= ~L Z~ ~ a II C p V 7 Z Z Z Z Z Z Z Z Z Z ~ aa~ ~ ~ aaaaaaaaaW d7 _ ao c~ a = z V - a ~ oo~aca'~~ ~ VO ~0wwwwwwwwww~ _ . ~ ~ v G G G L G W a~a~o=oaL Q J Q Q 10/05/2009 6-3-1 r. Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 6-4-1 The owner~app~icant and or authorised agent shouid plan to attend all meetings at which this request will be heard. MAST TALI dour intended of property upon rezoning is completely irrelevant except far conditional use district proposais, The North Carolina enera~ statutes require that coning regulations shall be ~~ade in accordance with a comprehensive plan, The governing board ~re~aired to adopt staten-~euts that the change is or is not consistent, reasonable, and ~ the public's Interest. i~~ce aruendments to coning reaps should also be based on a Land use Plan, you must explain how your request satisfies each of the following require~~ents: {ill in below or attach additional pages}, r How would the requested change be consistent with the bounty's Policies for growth and ~evelopmer~t? The rezoning protects the safety of the public as it p~•ohil~its residential uses on the fo~~r parcels. The New Hanave~• bounty Airport Authority purchased the properties as part of a AAA. funded safety project. The properties were located inside the Runway Protection done ~l~P}, AAA mandates that the P~ be controlled by th.e air ort to ensure p that it is not inhabited or contain unnecessary structures. This protects bath the public living near airports as well as flight crews and passengers. The p~-opei~ties on th~~ee sides of the four properties are coned A~ so this makes the ~oni~~g consistent with all the adjoining airport property. how would the requested zone change be consistent with the prope~•ty's classification on the Land Classification ~ap`~ The area is classified as transitional. This classifiication gill riot change with the re~onin fro~~ AR to AX. g what sYgnificant neighborhood Changes have occurred to make the orlg~nai coning ~npproprlate, or how is the hand involved unsuitable for the uses permitted under the existing coning`? kith the new ~nstrurr~ent Landing system {ILA} on Runway ~4, the design standards changed, and the parcels fell into the RPM. The PAA does not allow residences in the RPM. The houses p~~rchase with the properties were removed by the airport, The airport owned property on three sides of the parcel, and we installed security fencing around the parcels to ensure the public does not have access to the RPM, how will this change of zoning serve the public inte~•est`? It ensures that the properties cannot have residences rebuilt or public gatherings inside the RPM, This protects people living around the airport as v~ell as the flight crews and passenge~•s, ~n signing this petition, I understand that the existing coning map is presumed to be rorrect and that ~ have the br~rdcn of proving why a change is Yn the public interest, further understand the singling out of one parcel of land for special zoning treatment unrelated to County policies a~ad the surrounding neighborhood would probably be illegal. ~ certify that this application is complete and that ail information presented in this application is accurate to the best o~ my l~nowledge, infor~nat~on, and belief. ' ~ Julie Wilsey, ~lepr~ty director rgna re of petitioner a~ ~ property ~vn~r Pr~~t carne t'ag~ 2 of Board of Commissioners Meeting ~MA_Q71D8 ~ nms~~nna 1V/ V.I/ LVVI 6-4-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 5, 2009 REGULAR ITEM: 7 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe and Jane Daughtridge CONTACT(S): Chris O'Keefe and Jane Daughtridge SUBJECT: Public Hearing Rezoning Request (Z-899, 9/09) - Request by Steve Hall of Maus, Warwick, Matthews & Co. on Behalf of H.L. Smith, Dan Inman, and Laurens C. Davis to Rezone Approximately 2.53 Acres at 2600/2604/2608/2612 Castle Hayne Road and 3516/3512 N. Kerr Avenue from R-20 Residential and AR Airport Residential to B-1 Neighborhood Business District BRIEF SUMMARY: At its September 3, 2009 meeting, the Planning Board voted 6-0 to recommend approval of the request. No one from the public spoke on this item and no telephone inquiries were received by staff. The area is classified as Transition on the 2006 CAMA Land Classification Map. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment from R-20 low density Residential and AR Airport Residential to B-1 Neighborhood Commercial District as described is (or is not): 1. Consistent with the purposes and intent of the Transition land classification and the associated land use policy 4.3 adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow transition of land use from residential to commercial use in proximity to a signalized arterial intersection, completing a commercial node where the other three corners are already developed with commercial uses. ATTACHMENTS: Z-899 Staff Summary Z-899 Petition Summary Z-899 Adjacent Property Map Z-899 Applicant Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 7-0 COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 7-0 CASE: Z-899, 9/09 PETITIONER: Steve Hall (Maus Warwick Matthews) for owners H.L. Smith, D. Inman, and L.C. Davis REQUEST: From R-20 low density residential and AR Airport Residential to B-1 Neighborhood Commercial District ACREAGE: Approximately 2 acres from R-20 and .53 acres from AR LOCATION: 2600, 2604, 2608, 2612 Castle Hayne Rd. and 3512 and 3516 N. Kerr Ave. LAND CLASS: Transition PLANNING BOARD ACTION: At its September 3, 2009 meeting, the Planning Board voted 6-0 to recommend approval of the request. No one from the public spoke on this item and no telephone inquiries were received by staff. STAFF SUMMARY The subj ect properties are located in the northern portion of the county in an area classified as Transition on the 2006 LAMA Land Classification map. The properties are accessed from Castle Hayne Road and N. Kerr Avenue. Both roadways are arterials and the intersection is signalized. Traffic counts in the area show about 18% decrease in annual average daily traffic between 2006 and 2007. Castle Hayne Road has a 2007 LOS of E from the intersection northward and F from the intersection southward, meaning the road is operating at or above its design capacity with traffic congestion at peak hours. No traffic counts or level of service was available for N. Kerr Ave. in this location. Current zoning of most of the property is R-20 low density residential along Castle Rayne Road and most of Kerr Avenue, with one parcel zoned AR Airport Residential. B- 1neighborhood business zoning is present to the east of these properties, B-2 highway business district lies south of the area and SC shopping center district is across Castle Rayne Road to the west. The subj ect properties are located in Ness Creek watershed drainage area which is classified C, Sw, which refers to fresh waters best used for aquatic life propogation, fishing, wildlife, secondary recreation and agriculture. Swamp waters have low velocities and other natural characteristics which are different from the adjacent streams. The proposal is within a secondary aquifer recharge area. The aquifers in this secondary recharge area are permeable inmost places and vulnerable to pollution due to its shallow depth and high water table. In this case, public water and sewer will serve the sites. The property is not within the 100 year flood zone. Airport Height Ordinance does not influence the parcels included in this proposal. z-899 (9/09) Page 1 Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 7-1-1 Land Use Plan Considerations: This proposal includes six lots on the corner of Castle Hayne Road and North Kerr Avenue. There are four (4) vintage dwelling units on the six lots. One of the dwellings is being condemned. All of the other corners at this intersection have transitioned to commercial use. The B-1 commercial district is described as one that provides for convenient shopping of necessity goods and personal services required to serve a neighborhood. A small area plan, "Wrightsboro, An Eye on the Past A Step Towards the Future," was prepared and adopted in 1991.Goals and Actions focused a great deal on traffic issues, including preferences for widening Castle Hayne Road, signalizing major intersections and constructing turn lanes. This location exemplifies improvements that have occurred since the plan was adopted. The intersection is signalized and there are now turn lanes off N. Kerr. In addition, the 2006 LAMA Land Use Plan adopted policies relating to commercial land uses. Policy 4.3 of the Land Use Plan promotes maximum effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. The plan also encourages location of commercial activities at key intersections. The 2006 Update of the Joint LAMA Plan describes the purpose of the Transition classification as providing for future intensive urban development on lands that have been or will be provided the necessary urban services for maximum efficiency inland utilization and public service delivery. Public water and sewer lines will serve these sites. Wrightsboro Volunteer Fire Department is located directly to the south across N. Kerr Avenue. A traffic impact analysis (TIA) will be required for any development that generates more than 100 peak hour trips. Traffic will obviously increase if the uses transition to commercial, but the location at a signalized intersection will provide managed flow of the increase. Furthermore, NCDOT will likely require improvements as needed when driveway permits are issued. Staff feels the request is reasonable and consistent with the plan. ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." Z-899 (9/09) Page 2 Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 7-1-2 EXAMPLE: The County Commissioners find that this request for zoning map amendment from R-20 low density Residential and AR Airport Residential to B-1 Neighborhood Commercial District as described is (or is not): 1. Consistent with the purposes and intent of the Transition land classification and the associated land use policy 4.3 adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow transition of land use from residential to commercial use in proximity to a signalized arterial intersection, completing a commercial node where the other three corners are already developed with commercial uses. z-899 (9/09) Page 3 Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 7-1-3 Case: Z-899 (9/09) Petition Summary Data Rezone 1.49 ac. R-20 and 1.04 ac. AR to B-1 Owner/Petitioner: Steve Hall of Maus Warwick Matthews for H. L. Smith; Dan Inman; and L.C. Davis Existing Land Use: Residential Zo~ History Area l0A (July 1,1974) and Airport (Oct. 4,1976) Land Classification: Transition Water Type: Public ~r Sewer T~ Public Recreation Area: Optimist Park Access & Traffic Volume: Access from N. Kerr Ave. (minor arterial) and from Castle Hayne Road (major arterial). Traffic counts are for Castle Hayne Road only. 2006 ADT =18,793 compared to 2007 ADT =15,363 or -18% Fire District: Wrightsboro VFD Watershed & Water Quality Classification: Ness Creek - C;Sw Aquifer Rechar e Area: A secondary recharge area for Castle Hayne and PeeDee where occurring near land surface under water-table conditions.. Conservation/Historic/Archaeological Resources: None Soils: Onslow loamy fine sand Septic Suitability Class II-Moderate limitations Schools: Wrightsboro Elementary Other: Not influenced by airport zone elevations Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 7-2-1 N O N pR HD~~pND O~~b_ ~8 z w _ a Q w ~ ~ o tiQ W tJ ~ O Q Z ~J '0 Q M r FERN-pR m ~ ° W p ~ 2 ~ Q co N ~ ;o r - w N '',m C~ASTL-E~HAYNE-RD m ~QQ ~ ~ ~ ~ ~ r 1J O 1 m 5N z V ~ ~`~b~ll O N {J ti~ N J ~J W Q 4~ . 7 ,Q ? a ~t Q w r Q r ~I ~ ~ a - r N M~~ t0 h 00 01 O r N M~~ t0 ~ ~ y r r r r r r r ~ ~ !C O a' a ~ N c ~ ~ ~ ~ rn - c 0 m+~2 ~r ~ 00 O ~ ~ ~ ~ ~ ~ ~ C N N li ~ ~ ~ s ~i y ,°a~iy n 3N ~ ~ W 3~Q ~ W N 0 ~~~V ~ Z ~ QQw w Q NN c6 J N 0 0220 D cC 3~0 ~ Z Y? Z Z Z W U ~Q'N~ ,~~v ~ Z Q aaYOwt}iv~I 1 ~ N~m~ ~ Or ~ ~ V W N W~ W W~~ fA a a J Q O a~~~NQ=~~ ~~p=~GQQ~QaJJ~aa~ ~ rs~ \ ~-sNY ~ GJ ~ ~ ~ W ~ Z_ Z W W ~ ~ ~ ~ Q 2 ~ ~ O o =~oZ+;U ~ °o O~ Q W~~ Q Q~~ w>> N m m m a~ ~N~N~ ~ a L N N' W y ~ ~ Z Z~ 2 2~ H H H ~ =~Na~~M~N~ 3 ~ Q~NN(~IQQ~O~OJH_HQ222 ~ 3 E ~ J C7 C7 C7 00 =_~?°~~rc ~ °~QQz~~~QOV~~J~~~ oooM~a~~~~ a~ocw2zZwzoNrn3333 . o Bo lo/ /2009 L LPL Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 7-4-1 Change of Zoning Questions 1. These pieces of property are located at a signaled intersection at N Kerr Ave and Castle Hayne Rd. The three athercorners of this intersection have been developed far commercial use ~i~cDonalds, Ourger King and has station, The sites are currently residential r-2a and in long range planning the cornervuauld be well suited for a carr~mer~ial use. 2. in determining which carnmercial coning Cade to pursue vue have selected B1 since the adjoining property on N Derr Ave is akready coned B1~ That would carry 61 around the earner onto Castle Hayne Road. caning reap attache. 3~ ~verthe past years that intersection has developed to a comrr~ercial use and currentlythis isthe last portion of that intersection paned residential Currently house in this section is condemned, two others are in questionable condition and the ather'ks in good condition. it's highest and best use would beta develop the corner far some type of commercial use. Two afthe three ovuners have expressed interest in selling and fully understand that they would not be able to sell the property to a single family harne owner, The annual avg. daily traffic counts from 2007 are 17,000 for Castle Hayne Raad and 9500 for N i~err Ave, extremely taa high far a residential use. 4~ with approval by planningstaff, board and countycarr~missioners to re~oneto B1 the property will rr~ore than likely be developed to a commercial use that would benefitthe area instead of looking at conder~ned and run dovuned Karnes. Thank you far your consideration. Sincerely, Steve Mall 910-279-227 Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 7-4-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 5, 2009 ADDITIONAL ITEMS ITEM: $ DEPARTMENT: County Manager PRESENTER(S): David F. Weaver, Assistant County Manager CONTACT(S): David F. Weaver, Assistant County Manager SUBJECT: Consideration of Request for Additional Funds for Beach Renourishment for Wrightsville, Carolina and Kure Beaches BRIEF SUMMARY: The Ports, Waterway and Beach Commission (PWBC) at their meeting on Wednesday, September 30, adopted the following two resolutions: 1. The PWBC recommends that the County pay $432,692 additional funds from the Room Occupancy Tax Fund for the beach renourishment projects for Wrightsville, Carolina and Kure Beaches, in order to provide an increased non-Federal share to leverage additional Federal funds. 2. The PWBC recommends that the County be prepared to advance the State's match, also equal to $432,692, for the same purpose if the State is not able to transfer funds before the project bid opening on October 27, 2009. The County expects to be reimbursed by the State. The additional funds from the County and the State will help match the available Federal funding which will help bring the scope of the proposed project nearer to the design scope. It is important to note that, while the State is continuing to be a highly valued partner in these projects, their participation in this and future projects is being reduced from 75 percent State/25 percent local to 50 percent State/ 50 percent local. County staff will be present at the bid opening and contract negotiations. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval from the Board of County Commissioners. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting ~ nms~~nna 1V/ V.I/ LVVI 8-0