200510 Oct PBM
MINUTES OF THE
NEW HANOVER COUNTY PLANNING BOARD MEETING
October 6, 2005
The New Hanover County Planning Board met Thursday, October 6, 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
Frank Smith
Kenneth Wrangell
Absent:
Sandra Spiers
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. Robin Robinson made a
motion to approve the September minutes. David Adams seconded the motion. The
Board approved September 1, 2005 minutes by a vote of 5-0.
Item 1: Rezoning (Cont'd 09/01 PB Mtg) - Request by Bertram Williams to rezone
approximately 102 acres located at 1839 Farley Drive, from AR Airport Residential to Al
Airport Industrial. (Z-809, 09/05)
Sam Burgess gave a brief review of the request, agency comments and related
information.
Dr. R. Bertram Williams, applicant, explained that most of the property on the northeast
and eastern side of this property is currently zoned Airport Industrial. Therefore, he feels
that it would be appropriate to rezone his property to Airport Industrial. He added that
the easy access to I-40 and the northern bypass around the City make the property easily
accessible.
Joe Taylor, Attorney representing Mr. Williams, stated that the request to rezone this
property is in compliance with the Al District classification. He added that this property
sits only 800' from the end of the runway. Mr. Taylor provided a letter from the
Chairman of the Board of the Airport Authority stating that they support the rezoning of
this property.
No one spoke in opposition to the request.
Dexter Hayes provided the staff summary.
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STAFF SUMMARY:
The subject property consists of a 102 acre tract that has a significant amount of road
frontage on North Kerr Avenue (approximately 1,050') and Farley Drive (approximately
2,000'). Presently, the site is being used for agriculture. Land uses nearby include a
smattering of established residential homes, mainly on Farley Drive and adjacent North
Kerr Avenue. Also located nearby is the Murrayville Station Business Park, which
contains a mixture of light commercial, and industrial type uses. The Business Park was
rezoned approximately 10 years ago. Southwest of the site is the New Hanover
International Airport. During the past few months, the Airport Authority has expressed
an interest and entered into negotiations with the petitioner in purchasing a portion of the
property to provide for runway improvements. These improvements are being funded by
FAA and will provide an instrument approach to Runway 24.
Staff noted that they would concur with the Airport Authority's recommendation.
David Adams made a motion to approve the rezoning request. Robin Robinson seconded
the motion. The Board approved the motion with a vote of 6-0.
Item 2: Rezoning - Request by Turlington & Kohl to rezone two adjacent tracts of
land totaling approximately 2.75 acres located at 5620 & 5658 Carolina Beach Road
from R-15 Residential to B-2 Highway Business (Z-811, 10/05).
Sam Burgess gave a brief review of the request, agency comments and related
information.
Charles Rivenbark, representing the applicant, stated that Mr. Kohl asked to have his
property included in the B-2 rezoning request to keep it uniform. Mr. Rivenbark
explained that he contacted the surrounding property owners and was able to discuss the
rezoning proposal with six owners who are not opposed to the rezoning request. He
provided photographs of the property.
Herbert Speight, 915 Brewster Lane, stated that he is concerned about the traffic. He
explained that when the restaurant in the area is operating at full capacity the traffic is
backed up. He added that the fire department is at the end of the road and requests that
the neighborhood keep the road clear.
Ann Bowman, 8725 Sedgley Drive, stated that Mr. Kohl appeared before the Board four
years ago and was granted a 16' extension. She stated that the owners of The Palms are
objecting to this rezoning for several reasons, which are summarized in the Table of
Permitted Uses for B-2 zoning in the New Hanover County Zoning Ordinance. Ms.
Bowman provided photographs of the area and stated her concerns for the affect that the
rezoning may have on The Palms and Brewster Place residential areas.
Charlie Rivenbark responded by commenting on the buffering and setback requirements
in the Ordinance. He added that the buffering required for this site is 35' and that there
will be additional traffic improvements for the service road intersection by DOT in the
near future.
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Dexter Hayes provided staff summary.
STAFF SUMMARY:
This rezoning request to B-2 Highway Business is a combination of two separate
petitions containing a total of 2.75 acres. The subject property is located just south of
Monkey Junction on the west side of Carolina Beach Road. Both tracts of land abut an
existing B-2 Highway District to the front along Carolina Beach Road. The tract
displayed as number 11 was partially rezoned to B-2 by the Board of Commissioners in
1999. Abutting the tracts to the west is an existing R-15 Residential District known as
Brewster Place subdivision. This development was established in the early `90s.
Land use patterns in the Monkey Junction area have undergone a significant
transformation since the early 1980's when most of the real estate was zoned residential.
Several commercial strip centers have evolved that include restaurants and retail type
offices. Changes in these land use patterns near Monkey Junction over the past 20 years
has largely been a result of the extension of the County's sewer. Pressures to expand this
proximity to a major intersection. Similar expansion was recently approved south of this
property.
Given the commercial nature of the area east of the petitioner's property, adequate water
and sewer services, and the required buffers and setbacks that will be imposed adjacent to
the existing residential property when the property is developed, staff agrees that the
balance of both tracts be rezoned to B-2 Highway Business. Staff recommends approval.
Robin Robinson asked what the buffer requirements would be. Dexter Hayes replied that
the rear setback 3.73 times the building height and 1/2 of that has to be buffered landscape.
He added that there are several ways to address it.
Frank Smith asked if rezoning of this property has been brought to the Board more than
once in the past. Dexter Hayes replied that it had been before the Board twice and the
result was that an extension was permitted with buffering and at that time the Planning
Department recommended approval. There was further discussion regarding the
buffering.
Mr. Rivenbark stated that Mr. Kohl desires to develop the property and feels that
extending the B-2 zoning would allow him the opportunity to develop the property
complying with the B-2 permitted uses.
Chairman Conlogue asked if it could be submitted as a conditional use. Dexter Hayes
replied that it could come back as conditional use but it would have to have specific plans
for the proposed use.
Sue Hayes stated that she would prefer that it be submitted as a special use permit request
with a plan to allow the Board the option of placing additional conditions.
David Adams stated that he did not like splitting the zoning on a parcel of land.
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Ken Wrangell asked about the road improvements. Dexter Hayes replied that there are
some issues with the light at the Fire station. However, most of the issues derive from
the other side of the street. He explained that DOT is aware of their problems and
hopefully there will be some improvements when new development occurs there.
Frank Smith made a motion to approve the rezoning request with staff 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 Patricia Williams to rezone approximately 0.70
acres located at 1800 Castle Hayne Road, from R-15 Residential to B-1
Neighborhood Business (Z-812,10/05).
Sam Burgess gave a brief review of the request, agency comments and related
information.
Travis Williams, applicant and owner of Williams Carpet, stated that the reason for the
request is to build a new building on this parcel. Their existing facility is located nearby.
No one spoke against the request.
Dexter Hayes provided the staff summary.
STAFF SUMMARY:
The subject property is located between the intersections of Gordon Road and Castle
Hayne Road and North Twenty-Third Street on Castle Hayne Road. Both of these
intersections are presently zoned commercial and contain a variety of services ranging
from a restaurant to auto repair. The petitioner's property adjoins a light commercial
district (b-1) to the north. Road frontage of the property is approximately 90 feet with a
depth of approximately 350 feet. The property also contains an unoccupied dwelling.
During the past 10 years, this area along Castle Hayne Road has witnessed very little
commercial and residential growth. This lack of growth can be attributed to the absence
of public water and sewer and other infrastructure needs. Despite the lack of commercial
and residential growth Castle Hayne Road has witnessed an increase in traffic due to the
existing businesses located nearby and also being one of the primary gateways leading
into downtown Wilmington and the Brunswick County beaches. NCDOT construction
projects including the I-I40 Bypass and the final leg of the Martin Luther King parkway
(MLK) will extend from the downtown area to Eastwood and College Roads are almost
complete.
The petitioners request to rezone property from R-15 to B-1 is a logical extension to the
existing B-1 District adjacent and to the north. Despite the unavailability of water and
sewer services and traffic congestion, the Urban Transition class designation does
provide for future intensive development on land that will be provided with necessary
services. In addition, traffic congestion should ease somewhat on Castle Hayne Road
when the final leg of the MLK Parkway and I-I40 Bypass are complete. Staff
recommends approval.
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Robin Robinson made a motion to approve the rezoning request. Sue Hayes seconded
the motion. The Board approved the motion with a vote of 6-0.
Item 4: Rezoning - Request by Alan Gregory for P&A Properties to rezone the
back portion of two tracts of land totaling approximately 1.66 acres located in the
5500 block of Castle Hayne Road from R-15 Residential to B-2 Highway Business
(Z-813,10/05).
Sam Burgess gave a brief review of the request, agency comments and related
information.
Alan Gregory. applicant, stated that the reason for the request is to extend the B-2 zoning
on the balance of the property.
Dexter Hayes provided the staff summary.
STAFF SUMMARY:
The subject property consists of two separate tracts of land that front on Blossom Street
in the Castle Hayne community. As depicted on the zoning site map, both tracts of land
extend from Blossom Street to Castle Hayne Road with the front portions of each tract
along Castle Hayne Road already zoned B-2 Highway Business. The front portions of
these tracts were rezoned to B-2 in July, 1986 and July, 1990. A tract of land noted as
number 8 on the site map and zoned R-15 Residential separates the petitioner's rezoning
request.
This area of Castle Hayne was originally zoned in July, 1985. At that time, tracts of land
along Castle Hayne Road were zoned B-2 based on existing land use patterns that had
developed many years ago. Presently, a variety of retail services exist along this major
corridor. Future commercial expansion will occur in this community once sewer
becomes available.
The petitioner's request to extend the B-2 Highway Business District to Blossom Road
appears to be logical. The existing depth of the B-2 District north of the request is
approximately 300 feet and coincides with the petitioner's request. Planning staff
recommends that the rezoning request be approved and that the rear portion of tract
number 8 also be included in the request providing for a more homogeneous commercial
district.
Robin Robinson asked Mr. Gregory if Mr. Hewett requested to have his property rezoned
as well. Mr. Gregory replied that he asked Mr. Hewett and he did not make a
commitment but did not oppose.
The property owners for the lot on the corner of Oak Street and College Street stated that
they would like to rezone their property as well. Dexter Hayes stated that the
surrounding property owners would need to be notified prior to consideration for the
rezoning. Chairman Conlogue suggested that the property owners discuss this with
Planning Department staff.
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Tom Radowitz. Chairman of Castle Hayne Steering Committee, stated that they would
have no objection to the rezoning request.
Kenneth Wrangell made a motion to recommend approval of the rezoning request subject
to Mr. Hewett agreeing to include the rear portion of his property in the request. Sue
Hayes seconded the motion. The Board approved the motion with a vote of 6-0.
Item 5: Rezoning - Request by H.C. Johnston, Jr. to rezone approximately 45.8
acres located at 3023 Acorn Branch Road from AR Airport Residential to Al
Airport Industrial. (Z-814,10/05)
Sam Burgess gave a brief review of the request, agency comments and related
information
H.C. Johnston, applicant, stated that this property has been in the family for 99 years. He
stated that the best and most practical use for the property is Airport Industrial due to the
proximity to the airport since the majority of the surrounding property is Airport
Industrial. He added that the airport is not opposed to the request.
Rosalie Carlarco, adjacent property owner (lot 5), stated that she inherited her property
from her family. She added that she is concerned that her property will not be of any use
since it is currently zoned AR and the airport is not interested in the property at this time.
Dexter Hayes provided the staff summary.
STAFF SUMMARY:
The subject property consists of two tracts of land totaling approximately 45.8 acres.
Road frontage is limited to the tracts via Acorn Branch Road. Presently, most of the
property is vacant and is located adjacent to the New Hanover International Airport.
Other adjacent tracts located nearby are vacant or used for agricultural purposes. A
smattering of residential homes exists along Acorn Branch and Truesdale Roads. During
the past few months, the Airport Authority has expressed an interest and entered into
negotiations with Mr. Johnson & Mr. Williams in purchasing a portion of the property to
provide for runway improvements. The Williams property is located adjacent and east of
the petitioner's property. These improvements are being funded by the FAA and will
provide an instrument approach to Runway 24.
The petitioner's rezoning request to Airport Industrial appears to be a logical extension of
the existing Al District property located to the north and south. The current Al District
for the most part is occupied by nearby airport uses. Public water is located nearby along
with marginal access at Acorn Branch Road. Sewer capacity will be available in the
future with the expansion of the north site treatment system.
Staff noted that they would concur with the Airport Authority's recommendation for
approval.
Sue Hayes asked if there are any landscape requirements for airport industrial sites.
Dexter Hayes replied that they have the same requirements that apply to other
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commercial and industrial sites, which include streetscape, buffer, and impervious
coverage requirements.
Robin Robinson asked Dexter Hayes if there are any negative impacts that would affect
the Carlarco property. Mr. Hayes replied that the biggest limitation on this property is
the accessibility. He added that, if the property on North Kerr Avenue was developed in
some type of industrial setting, the Carlarco property might benefit from that.
Robin Robinson made a motion to approve the rezoning request. Sue Hayes seconded
the motion. The Board approved the motion with a vote of 6-0.
Item 6: Rezoning - Request by Withers & Ravenel for Stanley Janicki & Bradley
Point, LLC to rezone approximately 12 acres located at 3801 Lynn Avenue from RA
Rural Agriculture to R-10 Residential (Z-815,10/05).
Sam Burgess gave a brief review of the request, agency comments and related
information
Cindee Wolf stated that the rezoning request would be a transition from rural to
residential to commercial. She added that sewer is available and water will be available
for this site.
Jim Bordeaux, 4115 Cape Landing Road, stated that Lynn Avenue is a state maintained
road but has a very narrow ROW. He added that the limited access is a great deterrent to
adding a large number of homes along with the drainage issues. He stated that he feels
that rural agriculture is a better classification for this area.
Joseph Bitter, 5525 Ashlyn Drive, expressed his concerns regarding property values and
runoff from the property it is rezoned and developed as R-10 Residential. He added that
he has discussed this with other neighboring residents who also object to the rezoning.
Ann Lorek, 3725 Lynn Avenue, stated that her family owns the property on the other side
of Sycamore Avenue. They are trying to continue their grandparents' tradition of
farming. She explained that the whole area used to have fields of daffodils because of the
rich soil and hoped that the tradition of farming would continue in this area
Cindee Wolf stated that she did not think that the land values would depreciate.
Dexter Hayes provided the staff summary.
STAFF SUMMARY:
The subject property is a part of the Castle Hayne Community and is located near the
eastern end of Lynn Avenue. A smattering of residential homes and agricultural land
uses exist nearby. The property is also near an existing B-2 Highway Commercial
District that runs parallel along Castle Hayne Road (US Highway 117). A variety of
neighborhood type services exist along the 117 corridor in Castle Hayne.
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The petitioner is requesting a rezoning from RA Rural Agricultural to R-10 Residential.
The RA District and Community Land Use designation is characterized by a small
grouping of mixed land uses, such as community shopping, church, school and residences
which provide low intensity retail service and housing opportunities. Residential density
shall not exceed 2.5 units per acre. The RA District provides for a low density the setting
with lot sizes at or exceeding 30,000 square feet. The R-10 District is associated with
higher residential density at 3.3 units per acre with access to either public water or public
sewer.
The Castle Hayne Community and nearby areas were zoned by the County in 1985. The
purpose of establishing a RA District near Castle Hayne was to provide a low density
residential type land use and also maintain the pastoral setting that has existed for many
years. Presently, no public water or public sewer exist nearby with the closest available
services located near the Blossom Ferry area just west of the I-40 - Holly Shelter Road
interchange.
Based on existing residential land use patterns in and around the Castle Hayne
Community, the lack of public water and sewer to the Lynn Avenue area, and the intent
of the present zoning district and land classification to maintain a low density
environment. Staff recommends denial of the petitioner's request.
The Board members agreed that they did not feel that it would be appropriate to rezone
the property at this time considering the agricultural and rural uses in the area.
Sue Hayes made a motion to deny the rezoning request David Adams seconded the
motion. The Board approved the motion with a vote of 6-0.
Item 7: Rezoning - Request by Raley-Miller Properties for Harmony Holdings,
LLC to rezone approximately 9.82 acres located at 6002 Carolina Beach Road from
R-15 Residential to CD (B-1) Conditional Use Neighborhood Business. (Z-816,
10/05).
Sam Burgess gave a brief review of the request, agency comments and related
information.
Ken Omdorf, Agent for Harmony Holdings, LLC stated that currently there are 73
mobile home lots and this new plan will increase the total residential units to a maximum
of 84. He added that they will be making some traffic improvements, adjusting the
mixed use buildings to take advantage of the ponds, and the permitted uses will be
unchanged from the previous submitted plan.
Dexter Hayes provided staff summary.
STAFF SUMMARY:
The petitioner is now requesting an expansion and a revision to the CD (B-1) Conditional
Use Neighborhood Business Rezoning with a Special Use Permit for Limited
Commercial Uses and Residential Uses. The subject property is located in the
southwestern quadrant of the intersection of Carolina Beach Road and Sanders Road.
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Although the property extends a distance of 1800 feet on Carolina Beach Road with 728
feet of frontage on Sanders Road, the site does not actually include the corner of the
intersection. As shown on the site map, there are several commercially zoned lots that
separate the subject property from Carolina Beach Road. The rear of the property is
directly adjacent to the Beau Rivage Subdivision, which has an existing 30-foot buffer
strip within their property boundary.
The property being added includes an older mobile home park with 60+ spaces. This
affordable housing needs to be replaced at other locations in the County. A plated right-
of-way in Beau Rivage adjoins the southwest corner of the residential area.
The revised site plan for the project adds 30,000 sq. ft. to the approved 150,000 s.f. of
retail, commercial and office space as well as another 58 dwelling units for a total of 84.
The list of permitted uses shows on the plan are all uses that are permitted in the B-1
Neighborhood Business District. Recent adjustments to the plan have allowed for
additional preservation of existing vegetation and indicate 4 possible mixed-use type
buildings. The site plan shows three access points on Carolina Beach Road and one
access to Sanders Road. The traffic impact analysis for the project recommends several
improvements to the intersection of Sanders Road and Carolina Beach Road. There will
also be other turn lanes required by NCDOT for the individual entrances on Carolina
Beach Road and Sanders Road.
The subject property is classified by the New Hanover County Comprehensive Plan as
Limited Transition. The purpose of the Limited Transition class is to provide for
development in areas that will have some services, but at lower densities than those
associated with Urban Transition. These areas were previously designated as Transition
and were intended to provide for more intensive future urban development. Recently,
development in this part of the County has increased dramatically. In February, the
County's TRC approved a general development plan for a 264 unit development on the
north side of Sanders Road. In addition, development in the Beau Rivage Subdivision as
well as new sections of Beau Rivage have started. The newly widened River Road
corridor will likely attract other residential development adding demand for commercial
services in the area. With all of the development occurring nearby, the intersection of
Carolina Beach Road and Sanders Road is a desirable location for neighborhood level
services for the river road communities. Having a neighborhood center at this location
will allow people from river road to obtain necessary services without leaving their
community and adding trips to Carolina Beach Road. The adopted Thoroughfare Plan
also shows plans to extend a thoroughfare from the Sanders Road Intersection to the
northeast ultimately connecting to Masonboro Loop Road, adding to the desirability of
this location as a commercial district. In anticipation of the existing and planned growth
in the area staff recommends approval with the following additional conditions as well as
the existing conditions listed on the Special Use Permit Findings.
1. Interior access should be provided to the Swartz properties.
2. Connecting access should also be provided to the street stub from Beau Rivage
for the benefit of the Beau Rivage residents.
David Adams asked for the status of the original plan. Dexter Hayes replied that it has
not been started yet.
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Robin Robinson asked the applicants if they would agree to the staff recommendations.
Ken Orndorf replied that they would not have a problem agreeing with adding connecting
access to the street stub from Beau Rivage for pedestrian access but believes that the
Beau Rivage residents do not want it. Dexter Hayes stated that he feels that the
pedestrian access should still be made available whether they use it or not.
Robin Robinson made a motion to approve the rezoning application with 1) interior
access provided to the Swartz properties, 2) connecting pedestrian access provided lining
up to the existing street stub from Beau Rivage 3) DOT traffic impact analysis
improvements and with the existing conditions which were approved two years ago. Sue
Hayes seconded the motion. The Board approved the motion with a vote of 5-0.
Item 8: Special User Permit - Request by Withers & Ravenel for Monkey Junction
Self Storage to consider a Special Use Permit modification expanding an existing
self-storage facility located at 5044 Carolina Beach Road (Z-696, 10/10).
Sam Burgess gave a brief review of the request, agency comments and related
information.
Cindee Wolf, stated that she has been working with this project for some time and is now
coming back to request 15.5% increase to add another building since the owner needs the
additional space with the increase in business.
Alton Lennon stated that health and safety issues would not be affected from any
additional runoff. He stated that Ann Hines has expressed concerns regarding possible
zoning violations. He provided a letter from Ann Hines stating that they revisited the site
and found no zoning violations.
No one spoke in opposition to the request.
Dexter Hayes provided the staff summary.
STAFF SUMMARY:
The petitioner is now requesting a revision to the current Conditional Use Site Plan. The
following table is a comparison of the two site plans;
Approved Site Plan Proposed Modifications
Storage 89,500 s.f 104,700 s.f.
Office/Residential 2,024 s.f. 2,024 s.f
Office/Commercial 9.564 s.f. 9,564 s.f.
Garage 2,548 s.f. 2.548 s.f.
Total 103,636 s.f. 118,836 s.f. Increase 17,750 s.f.
The proposed revision retains the previously envisioned neighborhood level services
along Carolina Beach Road while adding additional warehouse storage. The
surrounding land uses are primarily residential with some commercial further north and
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some commercial to the south. The commercial districts in the area generally occur
where main subdivision roads intersect Carolina Beach Road. Similarly, the subject
property is adjacent to the main entrance to Archmill Place, which is a new subdivision to
the west of the subject property and provides a connection to other residential areas
further to the west.
This plan does not change the original mix of uses proposed along the Carolina Beach
Road frontage, which would provide useful services for the adjacent neighborhood as
well as break up the view of mini warehouse buildings.
The original conditions of the Special Use Permit would continue and become a part of
this revised Site Plan. The architectural details, screening and fencing would remain the
same for the expansion.
Sue Hayes made a motion to approve the special use permit. Robin Robinson seconded
the motion. The Board approved the motion by a vote of 6-0.
Item 9: Special User Permit- Request by Cellco Partnership d/b/a Verizon Wireless
to consider a Special Use Permit to locate a telecommunications facility in a R-20
Residential District located at 1219 Middle Sound Loop Road (S-541, 10/05).
Sam Burgess gave a brief review of the request, agency comments and related
information.
Gary Pennington, representing Verizon Wireless, explained the future plans for Verizon
Wireless and the process of choosing locations for their facilities to be placed. He also
explained that they try to place their facilities as for back on the property as possible. Mr.
Pennington explained the balloon test performed for each site to determine the visual
effects it will have on surrounding properties.
Teresa Stark 1305 Middle Sound Loop Rd, stated that she is opposed to this special use
permit request. She stated that it is a commercial venture in a residential area and not in
harmony with the area. Keith Stark stated his objections to the application adding that
more of the residents in the area should be notified.
Gary Pennington stated that Verizon Wireless requires a NEPA study in addition to
contacting the Historical Preservation office to be sure that it does not have a negative
impact on the area. He added that this is not a commercial use and that it is another
utility. He also stated that the tower would not be lit.
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 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
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C. Access to the facility will be from Dunbar Road off Middle Sound Loop
Rd., along an existing driveway.
D. The tower will be setback on the site approximately 550' from the road
and 55' from the nearest property line.
E. The tower compound area (50' x 50') will be secured by a 6' high chain
linked fence topped with 3 strands of barbed wire at the top.
F. The fenced compound will be surrounded by an existing densely wooded
area.
2. The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. The tower site is zoned R-20 Residential. Telecommunication facilities
are permitted by Special Use Permit in residential zoning districts.
B. The proposed tower will be in compliance with all FCC requirements.
C. All towers, antenna or related structures locating in residential zoning
districts shall be located a distance equal to the height of the tower from
any residential dwelling as measured from the base of the tower.
D. The proposed tower (130') will meet all setback requirements. The
nearest property line is approximately 55'.
E. The nearest residential structure is 180' from the base of the tower.
F. The tower will be constructed to accommodate one additional provider.
G. Natural foliage provides an adequate landscape buffer that is already in
place.
H. An affidavit has been submitted by the applicant verifying the need for the
placement of a new tower facility.
3. The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. Similar type facilities exist in other residential districts in New Hanover
County.
B. Expansion of wireless telecommunication services can enhance
emergency communication during severe weather situations.
C. No evidence has been submitted that this tower compound will decrease
property values or exist as a health hazard to residents who live nearby.
4. The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area
in which it is to be located and in general conformity with the plan of
development for New Hanover County.
A. The 1999 Land Use Plan identifies this area as Resource Protection
B. No County regulated conservation or historic resources have been
identified on site. However, County property purchased for the
Conservation of Water Quality adjoins the site on the north and east.
Sue Hayes suggested that another balloon test be undertaken to allow the neighbors to see
the visual impact.
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David Adams stated that he feels that service and competition already exist in the area.
Robin Robinson stated that she also feels that another balloon test should be done to
allow the neighbors to be contacted and view the site.
Gary Pennington replied that according to Federal laws the Board cannot use the fact that
there is already service and competition in the area as a basis for denying the special use
permit. Mr. Pennington stated that he would be willing to postpone the application for 30
days to allow time to perform another balloon test and an analysis of alternatives in
addition to meeting with the neighborhood.
No motion was made.
The Board unanimously continued the special use permit application for thirty (30) days.
Board member, Frank Smith, left the meeting early.
Item 10: Special Use Permit - Request by Cellco Partnership d/b/a Verizon
Wireless to consider a Special Use Permit to locate a telecommunications facility in
a B-2 Highway Business District located at 6130 Carolina Beach Road. (5-542,
10/05).
Sam Burgess gave a brief review of the request, agency comments and related
information.
Gary Pennington explained that this project is proposed to be placed on a R-15 property
and is planned to be placed to the back of the property as far as possible. He provided
photos of views of the property with the balloon test.
No one spoke against the request.
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 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 Carolina Beach Rd. along a 20'
gravel drive running inside a 30' access and utility easement.
D. The tower will be setback on the site approximately 155' from the
nearest property
E. The tower compound area (4,900 square feet) will be secured by a 6'
high chain linked fence topped with 3 strands of barbed wire at the top.
2. The Board must find that the use meets all required conditions and
specifications of the Zoning Ordinance.
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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 (130') will meet all setback requirements. The
nearest property line is approximately 155'.
E. The nearest residential structure is over 200' from the base of the
tower.
F. The tower will be constructed to accommodate at lest one additional
provider.
G. A 25' buffer will be provided 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 inure 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 public
services and emergency communication during severe weather
situations.
C. No evidence has been submitted that this tower compound will
decrease property values or exist as a health hazard to residents who
live nearby.
4. The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the
area in which it is to be located and in general conformity with the plan of
development for New Hanover County.
A. The 1999 Land Use Plan identifies this area as Limited Transition.
B. No County regulated construction or historic resources have been
identified on site.
Sue Hayes made a motion to approve the special use permit. Robin Robinson seconded
the motion. The Board approved the motion with a vote of 5-0.
Item 11: Zoning Text Amendment - Request by Planning staff to consider
amending Section 53.55-2(3) of the County's Zoning Ordinance modifying the
setback requirements in a PD Planned Development District (A-343, 10/05).
Dexter Hayes explained that this amendment would allow for the design of more
Traditional Neighborhood Developments in the Planned Development District and be
consistent with Performance Residential Requirements. The spacing requirements allow
for more flexibility in design than the conventional front yard requirements, allowing for
homes to built closer to sidewalks and residential streets.
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3) Building Setback and Separation: Buildings located on the periphery of the PD
District shall be setback a minimum of twenty (20) feet from the PD District boundary.
All buildings shall be setback at least ten (10) feet from all pedestrian and bicycle paths,
twepA fi- e Feet from publie and pfi ate s4feet° and fifty (50) feet along US and
NC numbered highways and major thoroughfares. No building shall encroach upon the
right-of-way of a proposed thoroughfare as designated by the Wilmington Area
Thoroughfare Plan. In no case shall any part of a detached single family dwelling unit be
located closer than ten (10) feet to any part of any other detached single family dwelling;
and in no case shall any part of a multiple dwelling unit be located closer than twenty
(20) feet to any part of another dwelling unit, or non-residential buildings. (2/87) the
minimum side ya-rd 4)r a eR4=ner 44 Rn interiRr qtreetq shall nR* he less than I ~ f~e* 44
1L JICRiTILIRTC[JG JTC[IRTflat ~IGJsTC[Z([1"fLTSIi GL1V C-IIOITIOJICRiTILIRTCIZG uses (7/1049).
Sue Hayes made a motion to approve the zoning teat amendment. Ken Wrangell
seconded the motion. The Board approved the motion with a vote of 5-0.
Sam Burgess provided the TRC report.
Preserve on Middle Sound
? Resource Protection
? Private Roads
? 50 Lots
? Public water & sewer
River Lure
? Resource Protection
? Private Roads
? 37 Lots
? Public water & sewer
Windsor Place at Westbay
? Urban Transition
? Private Roads
? 74 Lots
? Public water & sewer
Mr. Burgess stated that a subdivision teat amendment would be brought to the Planning
Board in November addressing public versus private road designation on preliminary site
plans.
Being no further discussion, Robin Robinson made a motion to adjourn the meeting. Sue
Hayes seconded the motion. The Board unanimously approved the motion. The meeting
adjourned at 11:20 p.m.
Dexter Hayes, Planning Director
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