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HomeMy WebLinkAbout2007-01-08 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 3 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 8,2007, at 5:35 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell; County Attorney Wanda M. Copley and Clerk to the Board Sheila L. Schult. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Roscoe Harris with the Interdenominational Ministerial Alliance gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. Chairman Caster reported that Regular Agenda Item 5.1 - Request bv Worslev Investment and Development to rezone approximatelv 12 Acres ofpropertv located at 5939 Judges Road from 1-1 Industrial District to R -10 Residential Zoning District has been pulled at the request of the Petitioner. The Petitioner has requested a one month continuance until the Board's February 5,2007 meeting. APPROVAL OF CONSENT AGENDA Chairman Caster asked if any member of the Board would like to remove an item from the Consent Agenda for discussion. Hearing none, Chairman Caster requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes from the Closed Session Meeting and Regular Meeting held on December 18,2006 as presented by the Clerk to the Board. Acceptance of Champion McDowell Davis Charitable Foundation Prescription Drug Assistance Program Grant Award and Approval of the Associated Budget Amendment - Department of Aging The Commissioners accepted funds on behalf of the Department of Aging from the Champion McDowell Davis Charitable Foundation Prescription Drug Assistance Program grant award in the amount of $9)00 and approved the associated budget amendment #07-102. The funds will be used to cover the cost of one temporary existing staff person 15-20 hours a week and operating expenses. Since County funds have been used to help pay for the temporary position, $1,706 of the funds will be remitted back to the County's Appropriated Fund Balance Account. Approval of Request for Public School Capital Building Funds - New Hanover County Board of Education The Commissioners approved the request by the New Hanover County Board of Education for Public School Capital Building Funds in the amount of $815,000 for a Multi-Purpose Room at Forest Hills Elementary School. The Board of Education will match one dollar of local funds for each three dollars of state funds. Local funds will be from the 2005 Local School Bond Fund. Approval of Budget Capital Outlay Budget Amendment - New Hanover County Board of Education The Commissioners approved the Budget Capital Outlay Fund Budget Amendment carrying over $122,249,941 from FY 05-06 to FY 06-07 and transferring funds in the amount of $375,475 from Completed Projects to Fund Balance. Approval of Amendments to the Bylaws - Juvenile Crime Prevention Council The Commissioners approved the amendments to the Juvenile Crime Prevention Council Bylaws to conform to State statute. Authorization to Submit a Grant Application to the Governor's Crime Commission - Juvenile Day Treatment Center The Commissioners authorized the Juvenile Day Treatment Center to submit a grant application to the Governor's Crime Commission for a Critical thinking, Attitude adjustment, Meaningful relationships and a Powerful life (CAMP) program in the amount of $100,000 and if awarded, approved accepting the grant funds and the associated budget amendment. If awarded, the funds will be used to fund three existing Behavior Intervention Specialist positions that perform art and recreation therapy and family advocacy. The 25% match for the grant will come from Medicaid reimbursement. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 4 Authorization to Submit a Grant Application to the Juvenile Crime Prevention Council for the Management of the Psychological Services Program - Juvenile Day Treatment Center The Commissioners authorized the Juvenile Day Treatment Center to submit a grant application to the Juvenile Crime Prevention Council for the Management of the Psychological Services program in the amount of $275,000 and if awarded, approved accepting the grant funds and the associated budget amendment. If awarded, the funds will be used to provide four clinical psychologist positions and two part time administrative support staff positions. The cash match for this grant will come from Medicaid reimbursement. The positions will be discontinued when the grant funds cease to be awarded. Authorization to Submit a Grant Application to the North Carolina Governor's Crime Commission - Disproportionate Minority Contact Task Force The Commissioners authorized the Disproportionate Minority Contact Task Force to submit a grant application to the North Carolina Governor's Crime Commission in the amount of $80,000 and if awarded, approved accepting the grant funds and the associated budget amendment. If awarded, the funds will be used to cover the project coordinator's salary, project evaluator, travel, training, items pertaining to the Disproportionate Minority Contact Youth Task Force, office supplies and the Adopt a School Program. No local match is required. REGULAR AGENDA FINAL ACTION ON CONDITIONAL USE REZONING REQUEST BY WARD AND SMITH, PA FOR BILL CLARK HOMES OF WILMINGTON, LLC LOCATED AT 5025 AND 5031 CAROLINA BEACH ROAD (Z-851,10/06) Chairman Caster reported that the request by Tom Johnson, on behalf of Bill Clark Homes, Inc., to rezone approximately 5.8 acres of property from R-15 to CD (R-IO) High Density located at 5025 and 5031 Carolina Beach Road has been placed on the agenda for the Board's final action. After brief discussion of the single road entrance and interconnectivity concerns, Chairman Caster requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to deny the request by Bill Clark Homes, Inc. to rezone approximately 5.8 acres of property from R-15 to CD (R-IO) High Density located at 5025 and 5031 Carolina Beach Road based on the evidence presented and the findings of facts concluding that the use will materially endanger the public health or safety if located and developed according to the plan as submitted and approved. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION FOR THE PARKS DEPARTMENT TO SOLICIT REQUEST FOR QUALIFICATIONS FOR ARCHITECTURAL/PLANNING SERVICES FOR PARKS BOND PROJECTS Parks Director Neal Lewis reported that the Parks Department is requesting authorization to solicit Request for Qualifications for design development, preparation of construction documents and construction administration for the following projects included in the 2006 Parks Bond: . Arrowhead Park . Middle Sound Park . Monterey Heights Park . Parkwood Recreation Area . Smith Creek Park Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to authorize the Parks Department to solicit Request for Qualifications for design development, preparation of construction documents and construction administration for Arrowhead Park, Middle Sound Park, Monterey Heights Park, Parkwood Recreation Area and Smith Creek Park. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF COMMISSIONER WILLIAM A. KOPP, JR TO SERVE AS THE LEGISLATIVE LIAISON TO THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS Chairman Caster reported that the North Carolina Association of County Commissioners is requesting that each county appoint one county commissioner to serve as legislative liaison with the Association. Responsibilities will include keeping the Board aware of legislative developments concerning issues of importance to counties and providing feedback. Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to appoint Commissioner William A. Kopp, Jr. to serve as New Hanover County's Legislative Liaison to the North Carolina Association of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND CONSIDERATION OF NEW COUNTY SEAL Chairman Caster opened the Public Hearing and requested Public Information Officer Mark Boyer to make the staff presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 5 Public Information Officer Boyer presented an overview of the current county seal and the unofficial logo of the courthouse tower. The unofficial logo has been updated to reflect the historic New Hanover County Courthouse clock tower, placed within an oval, with the words "Established 1729". The clock hands are both in an upwards position representing good fortune. If approved, the usage of the new combination seal/logo will be on all County documents, department letterheads, vehicles, flags and marketing materials. Chairman Caster asked if anyone was present to speak on the proposal. Hearing no one, Chairman Caster closed the Public Hearing. After brief discussion concerning the need for an update on the costs associated with the seal change and the desire for additional time for public input, Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to table the request to change the county seal to the historic New Hanover County Courthouse clock tower until the Board's January 22, 2007 meeting. Upon vote, the MOTION CARRIED 4 TO 1. Chairman Caster voted in opposition. Planning Director Chris O'Keefe reported that the Wilmington City Council will be reviewing the request to change Market Place Drive to Government Center Drive at its January 16,2007 meeting. PUBLIC HEARING TO CONSIDER THE REQUEST BY SENCA PROPERTIES, LLC TO REZONE APPROXIMATELY 31.31 ACRES OF PROPERTY FROM R-15 RESIDENTIAL TO CD (0&1) CONDITIONAL DISTRICT AND APPROXIMATELY 18.47 ACRES OF PROPERTY FROM R-15 RESIDENTIAL TO CD (B-1) CONDITIONAL DISTRICT LOCATED IN THE 9000 BLOCK OF MARKET STREET (Z-853,11/06) Chairman Caster opened the Public Hearing and announced that the Conditional Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O'Keefe Jane Daughtridge John Wessell Bruce Prouty Rebecca Fran Cain Shyam Garg Hormoze Goudarzi George Huffmon Cobern Peterson Robert Sanders Hoke Pollock David Hollis Mike Nadeau Richard Adams Jack Barto Paula Bushardt Joe Clem Jim Mullins Beth Steelman Jim McNally Vice-Chairman Greer requested he be recused from this item citing his position on the Board of Trustees for New Hanover Regional Medical Center and in that capacity, he voted in favor of the request to move forward if the property is rezoned. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to recuse Vice-Chairman Greer from this item based on his position on the Board of Trustees for New Hanover Regional Medical Center and in that capacity, he voted in favor of the request to move forward if the property is rezoned. Upon vote, the MOTION CARRIED 4 TO O. Chairman Caster announced that prior to the Board's vote, the Petitioners may ask for the rezoning request to be withdrawn. If the Board votes to deny the request the Petitioner must wait twelve months before another petition can be filed. Senior Planner Jane Daughtridge reported that SENCA Properties, LLC is requesting to rezone approximately 50.35 acres of property located in the 9000 block of Market Street and presented a slide overview of the proposed project. Planning Director O'Keefe reported that the subject property is located on North Market Street, just south of the intersection with Scott's Hill Loop Road. In October of 2005, one portion of this request was denied by the County Commissioners with one portion approved for an outpatient surgery facility which is currently under construction. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 6 The current request is for 31.31 acres to be rezoned to a Conditional District (CD) for Office and Institutional (0&1) use by New Hanover Regional Medical Center for use options of a hospital, personal care facilities and/or offices for professional activities and for a storm water facility that will help serve the overall development; and 18.47 acres to be rezoned to Conditional District (CD) for Business District (B-1) uses predominated by private medical offices with associated retail and restaurant uses, but also including other potential mixed uses, such as second-story residential dwellings, food stores, barber/beauty shops, dry cleaners, drug stores, health clubs, convenience food stores, and others. As a condition for rezoning, the applicant proposes that the uses will be restricted to those noted on the site plan. A companion special use permit will bind the proposed use and restrictions to this property. The project design has attempted to avoid development in the most sensitive areas of the property and has incorporated a storm water infiltration system into the design to treat runoff before it flows off of the property. Market Street (US 17) is an identified arterial on the thoroughfare plan. Level of service was rated F, by the MPO in 2005, meaning traffic volume exceeds capacity. The site is located north of the 1-140 by-pass, so there is no traffic flow offset at this time, however, road improvements are currently under way by NCDOT to install a super street concept along this segment. Within the next ten years, a Hampstead by-pass project could help manage traffic flow in the vicinity as well. A traffic impact analysis has been completed. Since 2001, average daily traffic has increased by about 27%. The site is within a Special Highway Overlay District and subject to special standards to preserve visual appeal. The subject property is located within the Futch Creek watershed drainage with none of the property located in a flood hazard area. The site is in a primary recharge area for the Castle Hayne and Pee Dee aquifers. Public water and sewer will be required and is available in the general vicinity. At its November 2,2006 meeting, the Planning Board recommended approval of the request by a vote of 3- 1. Two members of the Board recused themselves based on financial conflict of interest. Speakers from the public spoke both in favor and opposition to the request. Concerns by the opposition included traffic impact on an already overburdened system and water quality impact of impervious coverage in the Futch Creek drainage basin. Staff feels this request is consistent with the Land Use Plan and recommends approval to address quality of life considerations and the healthcare needs of the areas growing population with the following conditions: 1. NCDOT and MPO technical staff must concur with the Traffic Impact Analysis recommendations for road improvements. 2. Internal street system must provide adequate access and maneuverability to accommodate emergency vehicles to the satisfaction of County Fire Services. 3. A not-for-profit hospital, which provides health care regardless of a patient's ability to pay, consistent with Federal and State guidelines, be allowed on the site. Planning Director O'Keefe presented the following findings offacts: 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. Public water and sewer has been extended to the property by the developer. B. The property accesses an identified arterial with a Level of Service F, indicating that flow exceeds current capacity. Internal circulation of traffic and external improvements to the existing roadway as shown in the Traffic Impact Analysis anticipate mitigating traffic impacts on the overburdened North Market Street arterial. C. Fire Service is available from the Ogden Fire Department. D. The property is not located in a flood hazard area. E. Storm water retention facilities have been included on the proposed site plan. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. This request is made concurrent with conditional rezoning to CD(O&I) and CD(B-l) as indicated on the site plan. B. The proposed uses will be limited to those listed on the approved site plan for each portion. C. Petitioner proposes off-street parking of 631 total spaces for the CD(B-l) portion and 898 spaces for the CD(O&I) portion. The forty potential upper-story residential units can be accommodated as dedicated or shared parking within the CD(B-l). D. Traffic circulation system will be via internal streets and driveways with three drive accesses to North Market Street (US 17). A Traffic Impact Analysis has been prepared for this project which includes certain recommendations to mitigate traffic impacts of the overall project. E. The property is subject to the Special Highway Overlay District (SHOD). F. A tree survey has been provided. The eventual method of protection or mitigation will be developed in compliance with Section 67 of the County Zoning 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 residents who live nearby. B. Storm water management systems must be designed in accordance with the County's ordinance in order to reasonably protect adjoining properties from off-site runoff impacts. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 7 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 identifies this area as Transition Classification, meaning an area where intensive urban development is anticipated and where services are or will be provided. B. Policies in the plan support mixed use projects away from sensitive areas and in the urban services area in order to reduce dependence on the automobile. Commissioner Pritchett requested that the requirement for a public transportation lane be added to the list of staff conditions. Chairman Caster asked if the Petitioner would like to speak on the request. Richard Adams, with Kimley-Horn and Associates, Inc. on behalf of SENCA Properties, LLC, presented the traffic improvements and super street concept planned for the proposed project stating that the trip generation for the rezoning creates a net increase of around 12,800 daily trips for the site with most of the additional trips being made with or without this rezoning. The proposed project will not create patients but they will come from the existing population and from future growth that is expected in this area. John Wessell, attorney on behalf of SENCA Properties, LLC, submitted into the record the affidavits of David Hollis, Stephen Clark, Richard Adams, John Hooton and Michael Nadeau and presented an overview of the proposed project. New Hanover Regional Medical Center President and Chief Executive Officer Jack Barto presented the need for medical facilities and services in the northern portion of the County. The proposed site has been approved as the preferred site by the Board of Trustees. Rebecca Fran Cain requested the Board approve the request stating that the medical facility will be an asset to the area and entered into the record a petition in favor of the request. Robert Sanders requested the Board approve the request stating the need for medical facilities in the northern portion of the County. Chairman Caster asked if anyone wished to speak in opposition to the request. Paula Bushardt, President of Northeast New Hanover Conservancy, requested that the Board deny the request stating that the project is too large for the property and would negatively impact Futch Creek. Joe Clem, resident of the Creekside development of Porters Neck, requested the Board deny the rezoning stating his concern that the proposed project will have a negative impact on Futch Creek. Jim Mullins, resident of Salem Woods, stated that a hospital type complex in the northern part of New Hanover County is a good idea but that the retail section should be reduced due to a potential decrease in home values, flooding issues and traffic impact. Beth Steelman requested denial of the request due to traffic and environmental concerns. Jim McNally, President of Porter's Neck/Creekside Home Owners Association, requested denial of the request due to traffic and safety concerns and the lack of need for additional retail services. Hearing no further comments, Chairman Caster closed the Public Hearing and requested direction from the Board concerning the rezoning portion of the request. Commissioner Davis confirmed with Chairman of the New Hanover Regional Medical Center Board of Trustees Bruce Prouty that the Board of Trustees has voted to support the request. Commissioner Kopp confirmed with New Hanover Regional Medical Center President and Chief Executive Officer Jack Barto that the hospital made an offer on the subject property contingent upon the rezoning. The proposed plan is for a sixty to eighty bed facility but the number of beds can be increased to accommodate future need. Commissioner Davis confirmed with Mr. Barto that hospital representatives have had conversations limiting the property to NHRMC hospital uses and described the Certificate of Need process. Commissioner Davis confirmed with Mr. Wessell that residential uses are permitted under the zoning but that the large residential project is no longer a portion of the proposed project and that at the Board of Commissioners' meeting on October 3, 2005, they did not direct SENCA Properties, LLC to reduce the retail portion of the project. David Hollis, Professional Engineer on behalf of SENCA Properties, LLC, answered questions and presented an overview of the storm water infiltration system stating that the system was designed to ensure that no NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 8 storm water will leave the site by way of surface water discharge describing the procedures in place to guarantee that the system continues to work as intended. In conclusion, Mr. Wessell reported that sewer, environmental concerns and traffic impact issues have been addressed for the proposed project. The retail portion is designed to enhance services to accompany the medical facilities but is not a significant portion of the project. Hearing no further comments, Chairman Caster closed the Public Hearing and submitted email messages received into the record and confirmed with Mr. Wessell that they wished to proceed with the request and that they agreed with the findings of facts as presented. After Board discussion concerning the need for medical facilities in the northern portion of the County, environmental concerns have been addressed and the value of the proposed use to the community, Chairman Caster requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to rezone approximately 50.35 acres of property located in the 9000 block of Market Street from R-15 Residential to CD (0&1) Conditional Use District and CD (B-1) Conditional Use District. Upon vote, the MOTION CARRIED 4 TO O. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6,1974, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 61. Chairman Caster requested direction from the Board concerning the Conditional Use portion of the request. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to grant a Conditional Use Permit for expansion of the New Hanover Regional Medical Center facilities and storm water facilities and a variety of mixed uses located in the 9000 block of Market Street based on the evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) 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 with the following conditions: 1) NCDOT and MPO technical staff must concur with the TIA recommendations for road improvements; 2) The internal street system must provide adequate access and maneuverability to accommodate emergency vehicles to the satisfaction of County Fire Services; 3) The site must be limited to a not -for-profit hospital which provides health care regardless of a patient's ability to pay and consistent with Federal and State guidelines; and 4) Space for a public transportation lane be required. Upon vote, the MOTION CARRIED 4 TO O. A copy of the Conditional Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 11.1. BREAK Chairman Caster called for a break at 7:20 p.m. until 7:35 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL ON BEHALF OF E&B PROPERTIES TO REZONE APPROXIMATELY 19.25 ACRES OF PROPERTY LOCATED AT 1916 ROCKHILL ROAD FROM R-20 TO R-15 RESIDENTIAL DISTRICT (Z-855, 12/06) Chairman Caster opened the Public Hearing and requested Senior Planner Jane Daughtridge to make the staff presentation. Senior Planner Daughtridge presented a slide presentation of the project stating that Withers and Ravenel, on behalf ofE&B Properties, is requesting to rezone approximately 19.25 acres of property located at 1916 Rockhill Road from R-20 to R-15 Residential District. Planning Director O'Keefe presented an overview of the property stating that it is located in the vicinity of Kennedy Drive and classified as a collector roadway off Castle Hayne Road near the 1-140 bypass. No Level of Service is available for Rockhill Road. In April 2005 the Level of Service on Castle Hayne Road was F and exceeded capacity. The subject property is currently vacant and wooded. Low density single family development is prevalent on all sides. To the south, the property abuts an R-15 residential district on Oakley Circle. The subject property is located within the Ness Creek watershed drainage area but is not influenced by flood zone or protected wetland soils with water and sewer available along Rockhill Road. Sewage from the site will be treated at the Northside Waste Water Treatment Facility. Current capacity at the facility is limited and New Hanover County's Engineering Department advises it is possible the project will not be allowed to connect to the District system, even after design, permitting and construction, if flows reach maximum limits. The projected date of increased capacity available at the facility is 2009. The rezoning proposes an increase in residential density on this acreage from 1.9 units per acre to 2.5 units per net acre or an increase from 37 units to 48 units. At its December 7, 2006 meeting, the Planning Board was unable to reach a recommendation on this item. Motions to approve and to deny the request both tied at a vote of 3-3. Four people from the area spoke against the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 9 rezoning, expressing concerns about drainage, traffic, quality of life, character of the area and potential for mobile home development. Staff recommends approval as it appears to be consistent with the Land Use Plan. Chairman Caster announced that prior to the Board's vote, the Petitioners may ask for the rezoning request to be withdrawn. If the Board votes to deny the request the Petitioner must wait twelve months before another petition can be filed. Chairman Caster asked if the Petitioner would like to speak on the request. Cindee Wolf, with Withers and Ravenel on behalf of E&B Properties, presented an overview of the proposed request stating that the development would be consistent with the concept of transitioning uses and in- filling vacant parcels. Mike Rokeski, with MRW Development Company on behalf ofE&B Properties, presented an overview of the process that is in place before development can begin stating that they are aware of the risks related to sewer capacity issues. Chairman Caster entered into the record a letter received from Stephen Cowles Shepherd accompanied by a petition signed by concerned citizens about the rezoning request and asked if anyone wished to speak in opposition to the request. Doretha McKnight Stone, resident of Rockhill Road, stated concerns with the impact on traffic and sewer capacity and hook-up issues. Jimmie Sellers, resident of Oakley Circle, requested the Board deny the request based on drainage problems and traffic impact. Hearing no more comments, Chairman Caster closed the Public Hearing. Mike Rokeski stated that due to the surrounding neighbors' concerns he is willing to withdraw the request pending submittal of a site plan and the opportunity to hold community meetings. PUBLIC HEARING TO CONSIDER A REQUEST BY ROCKFORD PARTNERS, LLC TO REZONE APPROXIMATELY 144.14 ACRES OF PROPERTY LOCATED AT THE WESTERN TERMINUS OF ROCKHILL ROAD FROM R-20 TO R-15 RESIDENTIAL DISTRICT (Z-856, 12/06) Chairman Caster opened the Public Hearing and requested Senior Planner Jane Daughtridge to make the staff presentation. Senior Planner Daughtridge presented a slide overview of the project stating that Rockford Partners, LLC is requesting to rezone approximately 144.14 acres of property located at the western terminus of Rockhill Road from R-20 to R-15 Residential District. The applicant intends to use septic systems. Water and sewer does not currently extend to this area of the county. Water could be extended to the New Hanover County system from the current lines on Rock Hill Road. A regional lift station would be required to serve the site if public sewer is desired. Senior Planner Daughtridge reported that Cameron Company, LLC has notified the Planning Department that it is not a party to the rezoning applications nor does it have any arrangements with the applicant. The company has stated that it does not object to the property being rezoned as petitioned but that it is not a participant in the process. Planning Director O'Keefe reported that the subject property is located on Rockhill Road west of Walnut Hills Subdivision and to the western terminus of the 1-140 bypass. Rockhill Road is classified as a collector roadway off Castle Hayne Road. In April 2005, the Level of Service on Castle Hayne Road was F, or exceeded capacity, with no Level of Service available for Rockhill Road. The subject property is made up of three parcels, the largest of which has been bisected by the construction ofI-140. West ofI-140 is a 22.42 acre parcel and approximately 38 acres of the bisected parcel. Only about 6 acres of the 22 acre parcel is high land, and the majority of the high acreage on the 38 acre partial parcel has been used as a borrow pit. To the east ofI-140, the remainder of the bisected parcel accounts for about 63 acres, but only about 11 acres of that parcel is high land and that portion is primarily located close to the highway right -of-way. The third parcel is 19.7 acres and represents the only cohesive high ground well suited for development. The land to the east ofI -140 is vacant and wooded. The 2006 Update of the Joint CAMA Plan describes the purpose of the Resource Protection class as providing for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. This rezoning petition proposes an increase in residential density for property overwhelmingly influenced by environmental sensitivity. Much of the high ground area has been altered for the 1-140 bypass in such a way as to make development awkward and impractical. The change requested would expand the residential density on this acreage from 1.9 units per acre to 2.5 units per net acre on performance residential. Staff estimates that only about 44% of the total acreage is high ground. The maximum potential development scenarios are particularly difficult to represent on this property because of the dominance of wet areas. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 10 Staff feels the R-20 designation is the most appropriate zoning for this sensitive area and that the proposed change is not reasonable nor in the public interest. Staff would support rezoning only the 19.7 acre tract adjacent to Walnut Hills, an existing R-I0 district, since it does not share the same environmental sensitivity and development impracticalities of the other tracts. The Planning Board, at its December 7, 2006 meeting, voted 4 to 2 to recommended denial of this request. There were no public comments from adjacent property owners. Chairman Caster asked if the Petitioner would like to speak on the request. James Y opp, on behalf of Rockford Partners, LLC, presented an overview of the proposed rezoning stating that the increase will be an additional thirty-nine units on the property with a 1.5% traffic increase on Castle Hayne Road. Chairman Caster asked if anyone wished to speak in opposition to the request. Jimmie Sellers, resident of Oakley Circle, requested the Board deny the request based on traffic impact. Clarence Perry, resident of Hampton Road, stated concerns for the environment and protection of the wetlands and requested the Board deny the request. Michael Nixon, resident of Apple Road, requested the Board deny the request based on traffic concerns. Chairman Caster announced that prior to the Board's vote, the Petitioner may ask for the rezoning request to be withdrawn. If the Board votes to deny the request the Petitioner must wait twelve months before another petition can be filed. Chairman Caster confirmed with Mr. Y opp that he wished to proceed with the request. Hearing no more comments, Chairman Caster closed the Public Hearing and requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to deny the request to rezone approximately 144.14 acres of property located at the western terminus of Rockhill Road from R-20 to R-15 Residential District. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL ON BEHALF OF THOMAS SELLARS TO CONDITIONALLY REZONE APPROXIMATELY 8.57 ACRES OF PROPERTY LOCATED AT 6210, 6212 AND 6224 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL TO CD R- IO RESIDENTIAL FOR A HIGH DENSITY DEVELOPMENT OF 99 RESIDENTIAL UNITS (Z-858, 12/06) Chairman Caster opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O'Keefe Jane Daughtridge Cindee Wolf Senior Planner Jane Daughtridge reported that Cindee Wolf with Withers and Ravenel, on behalf of Thomas Sellars, is requesting to conditionally rezone approximately 8.57 acres of property located at 6210, 6212 and 6224 Carolina Beach Road from R-15 Residential to CD R-1O Residential for a high density development of ninety nine residential units and presented a slide overview of the proposed property. Planning Director Chris O'Keefe reported that the subject property is located on Carolina Beach Road, just south of the intersection with Sanders Road. Carolina Beach Road is an identified arterial on the thoroughfare plan. Level of Service has been rated F, meaning traffic volume exceeds capacity. The subject property is currently a mobile home park with several derelict units among the occupied homes. The property shares its northern boundary with South Ridge Mobile Home Park and an area of B-2 commercial zoning; west and south of the site is Beau Rivage Plantation, zoned R-15. Private water and sewer systems are available in the vicinity through Aqua of North Carolina. This conditional rezoning petition proposes a change from moderate density R-15 residential use to the County's highest density R-1O residential designation and would create a new R-1O residential district with limited linkage to another R -10 sliver that runs through Beau Rivage from Monterey Heights. As a condition for rezoning, the applicant proposes that the use will be restricted to ninety-nine residential units with 230 parking spaces; 4.8 acres of improved recreational space; 62.3% open space and a maximum of 37.7% impervious area. All other minimum requirements of Federal, State and local rules will be met. A companion special use permit will bind the proposed use and restrictions to this property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 11 At its December 7, 2006 meeting, the Planning Board recommended approval of this proposal by a vote of 5-1 on the conditional rezoning portion and 6-0 on the special use portion. There were no public comments from neighboring property owners. Staff recommends approval. Planning Director O'Keefe read the following findings of facts into the record: 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. Private water and sewer provider will serve the property. B. The property accesses an identified arterial. C. Fire service is available from the Myrtle Grove FD. D. The property is not located in a flood hazard area. E. Storm water retention has been included in the proposed site plan and must meet the design standards of the County's storm water ordinance. 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. This request is made concurrent with conditional rezoning to R -10 Residential. B. The use as proposed by the applicant is limited to attached single family residential use and appurtenant garages and recreational facilities. C. Applicant has limited density for this project to 99 units on 8.57 acres, compared to 146 maximum potential density under the provisions of the ordinance. D. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover County Zoning Ordinance by providing 230 spaces compared to 192 spaces required. E. Petitioner states the project will provide 4.8 acres of improved recreational space compared to 1.7 acres required. F. Petitioner states the project will be developed with 62.3% open space. G. Petitioner states the maximum impervious surface for this project will not exceed 37.7%, compared to 50% allowed within the ordinance. H. Traffic circulation system will be via internal driveways and must provide adequate access for emergency service vehicles. I. A traffic impact analysis was not required by NCDOT for this project. 1. Buffer of at least 20 feet will be required along all property boundaries. K. A tree survey has indicated regulated trees that must be protected or mitigated as required in Section 67 of the Zoning 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 residents who live nearby. B. Storm water management must perform in compliance with the requirements of the County ordinance. 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 identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services. B. Policies in the plan support higher density transition areas when public services are available. Aqua North Carolina will serve the project. Chairman Caster asked if the Petitioner would like to speak on the request. Cindee Wolf, with Withers and Ravenel, on behalf of Thomas Sellars, presented an overview of the project stating that they agree with the findings of facts and confirmed that she wished to proceed with the request acknowledging that prior to the Board's vote, the Petitioners may ask for the rezoning request to be withdrawn. If the Board votes to deny the request the Petitioner must wait twelve months before another petition can be filed. If any of the remaining mobile homes are occupied they will be given adequate time to vacate. Chairman Caster asked if anyone wished to speak in opposition to the request. Hearing no one, Chairman Caster closed the Public Hearing and requested direction from the Board on the rezoning portion of the request. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to rezone approximately 8.57 acres of property located at 6210, 6212 and 6224 Carolina Beach Road from R-15 Residential to CD R-1O Residential finding that the request is: 1) consistent with the purposes and intent of the Urban land classifications and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to allow an increase in residential density on a conditional basis in this location and based on a binding plan for site specific development defined under a companion special use permit. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Kopp voted in opposition. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 12 A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 78. Chairman Caster requested direction from the Board on the Special Use portion of the request. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the Special Use Permit to Cindee Wolf representing Withers and Ravenel, on behalf of Thomas Sellars, to locate a high density development of ninety-nine residential units in an R-1O Residential Zoning District on approximately 8.57 acres of property located at 6210, 6212 and 6224 Carolina Beach Road based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) 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. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Kopp voted in opposition. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 11.2. BREAK Chairman Caster called for a break at 9:11 p.m. until 9:19 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY JAMES ELDRIDGE ON BEHALF OF BRAD AND SHERRY DUNKER FOR A SPECIAL USE PERMIT TO LOCATE A 204 CHILD DEVELOPMENT CENTER IN AN R-15 RESIDENTIAL ZONING DISTRICT ON 2.98 ACRES OF PROPERTY LOCATED AT 547 SANDERS ROAD (S-564, 07/06) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O'Keefe Jane Daughtridge James Eldridge Brad Dunker Cindee Wolf Rynal Stephenson Sid Bowman Cecile Montminy Senior Planner Janet Daughtridge reported that James Eldridge, on behalf of Brad and Sherry Dunker, is requesting to locate a 204 Child Development Center in an R-15 Residential Zoning District on 2.98 acres of property located at 547 Sanders Road and presented a slide overview of the proposed project. Planning Director Chris O'Keefe reported that this site plan has been submitted to the Board of Commissioners in June and September, 2006. At both meetings, the Board denied the request based on the position that Sanders Road traffic impacts from ongoing residential and commercial development have not yet been mitigated, and therefore, the true potential impacts of a large day care operation cannot yet be evaluated. Adjacent neighbors spoke in opposition to the proposal expressing concerns related to traffic along Sanders Road and commercialization of the R-15 zoning district. At the Planning Board's December 7, 2006 meeting they were unable to reach a recommendation on this item with motions to deny and approve the request both tied in a vote of 3-3. Planning Director O'Keefe read the following findings of facts into the record: 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. County water and sewer will serve the property. B. The property accesses Carolina Beach Road, an identified arterial, by Sanders Road an identified collector. C. Fire service is available from the Myrtle Grove Fire Department. D. The property is not located in a flood hazard area. E. NCDOT traffic engineering department did not originally require a Traffic Impact Analysis, however, the applicant has now provided one, which notes increased traffic of 1,016 trips per day associated with this project. F. The applicant is proposing to voluntarily install an exclusive right turn/deceleration lane westbound on Sanders Road, as suggested in the TIA. Otherwise, the analysis relies on installation of combined improvements for four nearby development projects to mitigate the potential impacts of the daycare traffic. G. Parents may be able to combine trips with the elementary school. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 13 H. At the Commissioners' September 5,2006 meeting, this request was denied. In the minutes of the meeting, the same local concerns about traffic safety and character of the area were raised by neighbors. Also at that meeting New Hanover County Sheriff Sidney A. Causey stated that he was not speaking in favor of, or in opposition to, the request. He provided an overview of the traffic safety issues on Sanders Road and described how the Sheriff's Department has tried to address them. 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. B. Off-street parking requirements are met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The majority of parking spaces provided on-site would be utilized by staff. D. The entire play area will be within an enclosed fence with a minimum height of four feet. E. The applicant states the day care will be licensed by the State of North Carolina. F. The site plan reflects Section 72-20 for sign dimension limits, when located on a collector or arterial, which cannot exceed a maximum size of 12 square feet (i.e. 3 x 4). 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. Child care facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. C. Buffers in accordance with Section 67 of the ordinance are reflected on the site plan. 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 Urban. B. Policies in the 2006 Land Use Plan do not address day care needs. C. Bellamy Elementary School is located adjacent to the proposed site. D. An independent site evaluation for the presence of Venus Fly traps observed no plants on this site. If approved, Staff recommends the following conditions: . The project be required to participate in the cost -share of road improvements to Sanders Road based on existing Traffic Impact Analysis and NCDOT requirements. . The project be shifted westward to provide a 50' setback and buffer from the adjoining property to the east, including a fence along the parking lot and a 50' buffer of natural and planted vegetation to reduce impacts on the neighbor. Planning Director O'Keefe confirmed to the Board that this is the identical site plan that has been submitted to the Board on two other occasions. Chairman Caster asked if the Petitioner would like to speak on the request. James Eldridge, attorney on behalf of Brad and Sherry Dunker, presented an overview of the proposed project stating that the project is well designed, that a traffic assessment has been obtained and as recommended by the Planning Board the site plan has been shifted to the west. He entered into the record a notebook containing a site plan; driveway exhibit; traffic assessment study submitted by Ramey Kemp & Associates, Inc.; photographs illustrating traffic conditions and a December 6, 2006 facsimile transmission from New Hanover County Schools Board's Student Support Services. Cindee Wolf with Withers and Ravenel, on behalf of Brad and Sherry Dunker, presented an overview of the proposed project stating that the site plan has been shifted to the west allowing for a residential parcel next to the Canty parcel. The proposed project satisfies all the requirements of transitional uses and conformity and is in harmony with the surrounding area and designed to be environmentally sensitive. Rynal Stephenson with Ramey Kemp & Associates, Inc., on behalf of Brad and Sherry Dunker, presented an overview of the traffic assessment study stating that the proposed project will not change the level of service on Sanders Road nor have a negative impact and that a right turn lane will be required. In conclusion, Mr. Eldridge stated that the traffic level of service will not be negatively impacted by the proposed project and that he does not agree with I.F of the Findings of Facts which states, "The applicant is proposing to voluntarily install an exclusive right turn/deceleration lane westbound on Sanders Road, as suggested in the TIA. Otherwise, the analysis relies on installation of combined improvements for four nearby development projects to mitigate the potential impacts of the daycare traffic" stating there is no need to mitigate the potential impacts of the daycare traffic and there is no safety issue. Chairman Caster asked if anyone from the public wished to speak in opposition to the request. Sid Bowman, representing Saltaire Village Homeowners Association and Beau Rivage homeowners, reported that the homeowners do not have an issue with daycare centers or with the development of the existing R- NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 14 15 zoning but have concerns that the approval of the special use permit will materially endanger the public health and safety for those traveling on Sanders Road. The proposed day care center will establish conflicting traffic patterns with the existing elementary school. Cecile Montminy, resident of Saltaire Village, requested the Board deny the special use permit request stating concerns due to traffic and safety issues. She reported that the neighbor adjacent to the proposed property, Dr. Canty, has previously voiced her concern for traffic safety before the Planning Board and Board of Commissioners. Chairman Caster asked if there were rebuttal comments from the Petitioner. Mr. Eldridge voiced his objection to Mr. Bowman's testimony as hearsay and to the competency of his statements stating that he is not an expert and requested to know if the pictures Mr. Bowman showed were taken on the first day of school. He also voiced his objection to Ms. Montminy's testimony concerning Dr. Canty's comments as hearsay. He stated that the Petitioner has met their burden of proof and responded to Dr. Canty's concerns but that the opposition has not met their burden of proof. He requested that, if approved, the condition that the requirement to participate in the cost -share of road improvements to Sanders Road be negotiated. Chairman Caster asked if there were rebuttal comments from the opposition. Mr. Bowman presented a report from the New Hanover County Sheriff's Office stating that in the month of November, from the hours of7:30 a.m. until 8:30 a.m. and from 2:00 p.m. until 3:00 p.m., a total of 38 traffic tickets were issued on Sanders Road with 22 of the tickets being issued for speeding in the Bellamy Elementary School zone. He entered into the record a petition containing over 280 names in opposition to the special use request and pictures taken of traffic on Sanders Road. Mr. Bowman confirmed that the pictures were not taken on the first day of school, but that they were taken in September 2006. Ms. Montminy reported that the Findings of Facts I.E states that the Petitioner has provided a traffic impact study noting an increase in traffic of 1,016 trips per day associated with this project. Vice-Chairman Greer requested clarification on the traffic numbers submitted by Mr. Stephenson stating that the numbers presented show more vehicles entering than exiting. Mr. Stephenson reported that the numbers are taken from a nationally accepted manual and that a number of the trips will be generated from residents in the area on their way to work. Commissioner Pritchett confirmed with Planning Director O'Keefe that the request is for a 204 child daycare with 90 children for the after school program for a total of 294 children and requested that in the future Staff report the total number being considered. Mr. Eldridge reported that siblings will have a priority for attendance and that a van will be used to pick the children up after school and bring them to the daycare. Hearing no further comments, Chairman Caster closed the Public Hearing and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to deny a Special Use Permit to Withers & Ravenel on behalf of Brad and Sherry Dunker to locate a 204 Child Development Center in an R-15 Residential Zoning District on 2.98 acres of property located at 547 Sanders Road based on the evidence presented and the findings of facts concluding that the use will materially endanger the public health or safety if located and developed according to the plan as submitted and approved. Upon vote, the MOTION CARRIED 4 TO 1. Chairman Caster voted in opposition. A copy of an order denying the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 11.3. PUBLIC HEARING TO CONSIDER THE REQUEST BY DAVID WARD CONCERNING THE VALIDITY OF SPECIAL USE PERMIT 13 Chairman Caster opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Ken Shanklin Matt Nichols David Ward Violet Ward Tim Ward Donald Ward Commissioner Pritchett requested she be recused from this item citing prior knowledge. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 15 Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to recuse Commissioner Pritchett from this item citing prior knowledge. Upon vote, the MOTION CARRIED 4 TO O. Chairman Caster opened the Public Hearing and reported that Item Number 6 is a request by David Ward for the Board to deny the validity of a special use permit at 1512 Burnett Road. As understood by Chairman Caster, Mr. Ward is claiming that Special Use Permit 13, which is for a marina at that address, should be deemed null and void under Section 109.1(e) of the Zoning Ordinance, based upon his allegation that the original applicant intentionally supplied inaccurate information which would have made a difference in the approval. Chairman Caster reported that the Petitioner will have fifteen minutes to make his presentation and then the opposition will have fifteen minutes to respond with each side then being allowed five minutes of rebuttal. Ken Shanklin, attorney for the Opposition, submitted to County Attorney Wanda Copley a written objection stating that the North Carolina State Bar Council adopted an Ethics Opinion 2006-1 which holds that a person who is not a lawyer may not appear before planning boards, board of adjustments and other governmental bodies in a representative capacity for another party and that the only individuals who may properly present evidence, examine and cross-examine witnesses, make legal arguments and advocate on behalf of others are licensed attorneys at law. County Attorney Copley responded that she had just been handed the objection and therefore, had not had time to verify its contents or research the opinion. County Attorney Copley clarified with David Ward that he was representing himself and that the written objection submitted by Attorney Shanklin had been duly noted in the record. Mrs. Violet Ward can represent herself when providing testimony. David Ward presented a history of Special Use Permit 13 stating that at the time of the Special Use Permit hearing in 1971, misrepresentations were presented and the Petitioner did knowingly violate the ordinance. He entered into the record notarized testimony statements. After Board discussion concerning the difficulty of the evidence, the age of the special use permit and the court system being a more appropriate venue for a decision, Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to uphold the Planning Board's recommendation that Special Use Permit 13 is valid and not a violation of the New Hanover County Zoning Ordinance Section 109.1(e). Upon vote, the MOTION CARRIED 4 TO O. A copy of an order, denying the request to deem Special Use Permit 13 void, is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 11. 4. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 10:47 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 10:48 p.m. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS APPROVAL OF REALLOCATION OF BUDGETED FUNDS IN THE CAROLINA BEACH RENOURISHMENT PROJECT TO EXPAND THE BORROW AREAS TO THE ATLANTIC INTRACOASTAL WATERWAY. Assistant County Manager Dave Weaver reported that a proposal has been developed to expand the borrow areas for the Carolina Beach re-nourishment project to include not only Carolina Beach Inlet but also the Atlantic Intracoastal Waterway. On August 14, 2006, the Board voted to approve $1,344,000 for the Carolina Beach/Kure Beach re-nourishment project, at the recommendation of the Port, Waterway and Beach Commission. The original project involved the placement of 532,000 cubic yards of sand from the inlet to the beach. The proposal for this item would instead take 90,000 cubic yards from the section of the Atlantic Intracoastal Waterway, reducing the amount from the inlet to approximately 442,000 cubic yards. Due to a lower than anticipated bid for the re-nourishment project, there is approximately $932,000 of county and State funds remaining in contingency for the project. If the project required up to 25% more sand, the additional cost would be approximately $500,000, leaving $432,000 available for extending the sand borrow area to the Atlantic Intracoastal Waterway. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 8, 2007 BOOK 31 PAGE 16 Based on conversations with Rick Catlin, Chairman of the Port, Waterway and Beach Commission, the Commission would likely approve the project, but due to the short time frame, the members could not meet to consider this project modification. The differences between the previous request and this proposal include the following: . All sand will be placed on the beach in front of structures, and not just on Freeman Park. . The firm performing the beach re-nourishment project will use a shallower dredge that can work in the Atlantic Intracoastal Waterway and the inlet. . This section of the Atlantic Intracoastal Waterway is the worst in terms of navigability. Staff is requesting the Board approve the re-allocation of funds and authorize staff to notify the U. S. Army Corps of Engineers to proceed with the project. Chris Frabotta, Project Manager with the Wilmington District of the Army Corps of Engineers, presented an overview of the current dredging proposal with the sand to be placed in front of structures. Commissioner Davis voiced concerns with the use of Room Occupancy Tax funds for projects that are the responsibility of the Federal government and that the County was still being asked to dredge the Atlantic Intracoastal Waterway. Vice-Chairman Greer reported that he has talked with Representative Danny McComas and that Representative McComas is not opposed to the use of Room Occupancy Tax Funds for this project. After a brief question and answer period, Chairman Caster requested direction from the Board. Motion: Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the re-allocation of a portion of previously budgeted Beach Nourishment Room Occupancy Tax Funds for the purpose of expanding the borrow areas for the Carolina Beach re-nourishment project to include not only Carolina Beach Inlet but also the Atlantic Intracoastal Waterway and authorize staff to notify the U.S. Army Corps of Engineers. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. ADJOURNMENT There being no further business, Chairman Caster called for a motion to adjourn the meeting. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11 :23 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board