Planning and Development Post Office Box 99 Telephone 252-441-7016 s1
Town of Nags Head
Planning and Development Post Office Box 99 Telephone 252-441-7016
Department Nags Head, North Carolina 27959 FAX 252-441-4290
www.townofnagshead.net
MEMORANDUM
TO: Board of Commissioners
FROM: Planning Board and Planning and Development Staff
DATE: February 19, 2005
SUBJECT: Public Hearing - Conditional use application for an elevated water storage tower at Town of Nags Head Public Works facility.
ZONING: C-3 Commercial Services Zoning District
(Note:This application is virtually identical to the application reviewed and conditionally approved by the Board of Commissioners on Wednesday June 2, 2004. It has been resubmitted because the application expired before a building permit was obtained by the Public Works Department. The staff memorandum that follows is largely unchanged from the previous submittal.)
Water demand continues to increase in The Town of Nags Head. To respond to this need, the Town (Town Public Works Department) has filed the attached conditional use application to construct an elevated water storage tower (with associated parking) at the existing Town Public Works facility at 2200 Lark Street. The water tower, if approved, would be located in the south western corner of the property. The entire 3.9-acre site is comprised of two lots of record which must be recombined into one (1) lot of record prior to issuance of a building permit. A note to this effect is included on the site plan.
The subject site is located in the C-3 Commercial Services Zoning District where municipal facilities are allowed as a conditional use in accordance with Section 48-408 of the Town of Nags Head Zoning Ordinance. The site plan states that the property is located in the CAMA Fresh Pond Area of Environmental Concern (AEC). A CAMA permit will be required prior to construction of the tower.
The final tower design has not been selected however it is anticipated that the tower will stand approximately 130 feet tall from ground level. Water towers are specifically excluded from the Town’s height regulations as set forth by Section 48-81 Exclusions from Height Limitations. A preliminary tower concept is attached for review. Staff recommends that prior to issuance of a building permit, the site plan shall reflect the total proposed height of the water storage tower.
Fire, Public Works, and Public Safety issues have been addressed. Lot coverage, setbacks, parking, buffering, site vegetation, and buffering comply with the applicable sections of the Town Zoning Ordinance. Note 16 contains a reference to a code section which is no longer valid and note 10 must be removed form the plan as applicant has not chosen to apply for vested right status.
No additional ground level lighting is proposed for the water tower, although the tower itself would have safety lighting. Article IX Outdoor Lighting requires any structure over 150 feet tall to be illuminated in accordance with FAA standards. At a proposed height of approximately 130 feet, the tower would not be captured under this regulation.
Further, the proposed structure would be shorter than 200 feet so mandatory Federal Aviation Administration (FAA) review would not be required. However, staff recommends that prior to Board of Commissioners action, specific tower safety lighting plans be submitted to Public Safety and Planning Department staff for review and comment.
The proposed development will have a very minimal effect on the existing storm water management pattern according to Bissell Professional Group, the engineering firm that prepared this submittal. Since Bissell Professional Group is also the Town’s principal engineer, the Town’s alternate engineer, McDowell and Associates, has approved the proposal in terms of drainage and storm water management.
Planning Board recommendation:
At their regular meeting of February 15, 2005 the seven members of the Planning Board reviewed the attached application. After a very brief discussion the Planning Board members voted 7 to 0 to recommend the application for approval, with staff’s recommended conditions below.
Staff recommendation:
Staff recommends that the Town of Nags Head’s attached conditional use application be approved provided the following conditions are satisfied:
1. Prior to submittal for Board of Commissioners review, staff shall review plans for safety lighting of the proposed water storage tower.
2. Prior to issuance of a building permit, a tower detail showing the exact height of the tower and any attachments to the tower shall be submitted for staff review.
The Board of Commissioners will be required to make the following affirmative findings of fact for this and all conditional use applications:
1. The applicant has met the requirements of the Town of Nags Head Zoning Ordinance, Subdivision Ordinance and other applicable ordinances.
2. The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted.
3. The use as proposed will not overburden the fire fighting capabilities and the municipal water supply capacity of the Town.
See the attached memorandum form the Fire Department.
Attachments: Site plan/conditional use application, and preliminary water storage tower detail, and memorandum form the Fire Department