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2007-03-12 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 12, 2007 BOOK 31 PAGE 53 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 12, 2007, at 1:00 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, Jf.; 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 Father Richard Elliott, St. Andrews On-the-Sound Episcopal Church, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. 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 no comments, Chairman Caster requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, 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 Agenda Review meeting held on February 15, 2007 and the Closed Session meeting and Regular Session meeting held on February 19, 2007 as presented by the Clerk to the Board. Approval of Ethics Policy Amendment - Cape Fear Museum The Commissioners approved amending the Cape Fear Museum's Ethics Policy to add strong language defining "conflict of interest" as suggested by the North Carolina Arts Council and approved by the Cape Fear Museum Advisory Board. Authorization to Submit a Grant Application as the Provisional County Partner to the North Carolina Arts Council - Cape Fear Museum The Commissioners authorized the Cape Fear Museum to submit a grant application as the provisional County partner to the North Carolina Arts Council in the amount of $32,939 and approved any related budget amendment. If awarded, 20% of the funds will be used by the Greater Wilmington Arts & Cultural Alliance to fund an intern position to assist in administering the grant and provide administrative support. The remaining 80% of the grant will provide sub-grants to arts organizations according to an approved competitive process. No local match is required. Adoption of Resolution Designating Planning Director Chris O'Keefe as Map Review Officer - Planning Department The Commissioners adopted a resolution designating Planning Director Chris O'Keefe as one of New Hanover County's Map Review Officers. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 18.1. Approval of Budget Amendments - Budget Department The Commissioners approved the following Budget Amendments: Budget Amendment Number 2007-66 - Finance Budget Amendment Number 2007-71 - Sheriff's Office REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Fifteen Year: Twenty-Five Year: Helen Simmonds - Department of Social Services Theresa Mathews - Information Technology On behalf of the Board, Chairman Caster presented a service award to each employee, expressed appreciation and thanked them for their dedicated years of service. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 12, 2007 BOOK 31 PAGE 54 PUBLIC HEARING TO CONSIDER A REVISION TO SECTION 5-4 DEFINITIONS: ANIMALS AND FOWL OF THE NEW HANOVER COUNTY CODE Chairman Caster opened the Public Hearing and requested Dr. Jean McNeil, Animal Control Services Manager make the staff presentation. Animal Control Services Manager Dr. McNeil reported that staff is requesting a revision to Section 5-4 Definitions: Animals and Fowl of the New Hanover County Code and presented pictures of tethered animals. The suggested change is regarding the control of dogs as enforced by Animal Control Services. The proposed language is underlined in the following Section 5-4 Definitions: Section 5-4 Definitions. Restraint means the state of a dog if it is controlled by means of an attended leash, or is on or within a vehicle being driven or parked, or is within a secure enclosure. Exceptions to restraint are as follows: Organized and lawful dog functions; e.g., dog exercise within designated areas of public parks, hunting, obedience training, field and water training, law enforcement training and/or in the pursuit of working or competing in those legal endeavors. A dog shall be maintained securely on the property of its owner. Ropes, chains and the like are prohibited for anv purpose under this Chapter. Dr. G. Robert Weedon, Board of Health representative, presented an overview of the requested change in the ordinance and requested the Board approve the revision based on the health of canines and the public from dog aggression and potential dog bites. Chairman Caster asked if anyone would like to speak in favor of the request. Lori Overton, representing Noble Shepherd Rescue, spoke in favor of the request. Jill Jones, representing Adopt an Angel, spoke in favor of the request stating that dogs that are tethered are more likely to attack. Joe Needhan, representing Friends of Felines, requested the Board approve the request due to the danger of dogs that are tethered and left unattended. Nancy Parrott, President of the Azalea Dog Training Club, spoke in favor of the text revision. Patrice Kaizar, representing the Animal Control Advisory Board, spoke in favor of the request stating that tethering promotes danger to dogs and the public. Chairman Caster asked if anyone would like to speak in opposition to the request. Barry Marlow spoke in opposition to the request stating that the language reVISIOn is needed for irresponsible pet owners but requested the Board not approve the change and allow him to continue to be a responsible dog owner and tether his dogs when necessary. He stated that when dogs are tethered in a fenced yard it is not a public health hazard. Dr. Katherine Hoyt, Cornell University, stated that her study of sled dogs showed that tethered dogs are not more aggressive than penned dogs. Andrea Press, spoke in opposition to the request stating that her use of tethering is part of being a responsible dog owner. She stated that she uses tethering as part of being a responsible dog owner. Dr. Kokea presented an audio tape from Tom Rose, professional dog trainer, stating that in his experience the manner of housing dogs has no effect on their temperament. Tethering can be used effectively and responsibly. Chairman Caster requested rebuttal comments for those in favor to the request. Jeanne Mintz, President of Saving Animals During Disasters, spoke in favor to the ordinance revision stating her concern about dogs tethered in disaster areas. Dr. McNeil stated that the revision to the code is not directed at responsible dog owners but is necessary to allow for enforcement when dealing with irresponsible dog owners. Dr. Weedon stated that tethered dogs are a public health issue and not everyone is a responsible pet owner. He reported that he has reviewed Dr. Hoyt's study and that it does not address the aggression issue. Chairman Caster requested rebuttal comments for those in opposition to the request. Dr. Hoyt reported that the dogs in her study had been on tethers for years and no aggression was observed. Barry Marlow stated that study results and expert testimony proves that tethering does not make a dog aggressive or dangerous. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 12, 2007 BOOK 31 PAGE 55 Andrea Press voiced her concern that this appears to be a breed issue and requested the Board not approve breed specific ordinances. Hearing no further comments, Chairman Caster closed the Public Hearing and requested direction from the Board. Dr. McNeil clarified with Commissioner Davis that citations can be waived, as in the case with Ms. Press, if the tethering is found to be on a temporary basis. She reported that the State is working on attended tethering legislation similar to New Hanover County's. After brief discussion, Chairman Caster requested direction from the Board Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the revision to Section 5-4 Definitions: Animals and Fowl of the New Hanover County Code. Upon vote, the MOTION CARRIED 4 TO 1. Vice-Chairman Greer voted in opposition. Chairman Caster reported that a second reading is required when the vote is not unanimous and requested the item be placed on the Board's April 2, 2007 meeting agenda. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING THE VERTICAL EXPANSION OF CELLS 2 THROUGH 6 FROM AN ELEVATION OF 100 FEET TO AN ELEVATION OF 170 FEET AND APPROVING THE HORIZONTAL EXPANSION OF CELL 6E Chairman Caster opened the Public Hearing and requested Environmental Management Director John Hubbard make the staff presentation. Environmental Management Director Hubbard reported that staff is requesting the Board adopt a resolution approving the vertical expansion of Cells 2 through 6 from an elevation of 100 feet to an elevation of 170 feet and approving the horizontal expansion of Cell 6E. Because this increase in capacity exceeds 10% of the existing permitted capacity, a permit modification is required. Since the vertical expansion is placed on existing cells, there will be no up-front construction costs and is estimated to add three to four years of life to the already-permitted portion of the landfill. Funding for construction of Cell 6E will be requested in the future as space is needed. Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request. Hearing no one, Chairman Caster closed the Public Hearing and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution approving the vertical expansion of Cells 2 through 6 from an elevation of 100 feet to an elevation of 170 feet and approving the horizontal expansion of Cell 6E. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 18.2. APPROVAL OF INTERLOCAL AGREEMENT WITH THE CITY OF WILMINGTON FOR THE DEVELOPMENT OF THE OLSEN FARM PARK Parks Director Neal Lewis reported that the Board has been in discussion with City of Wilmington Mayor Bill Saffo concerning the purchase of approximately 64 acres of land, known as Olsen Farm Park, for joint ownership with the City of Wilmington for a city/county park. This project was identified in the 2006 Parks Bond Referendum. Staff is requesting the Board approve the interlocal agreement outlining the terms that have been negotiated and sets forth the responsibilities of the City and the County to develop and provide maintenance of the complex. After brief discussion, Chairman Caster requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the interlocal agreement with the City of Wilmington for the development of the Olsen Farm Park. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointments to the Cape Fear Public Utility Authority Board Chairman Caster reported that five vacancies need to be filled on the Cape Fear Public Utility Advisory Board. Three at-large members need to be appointed with eight applications available for consideration; one County Commissioner needs to be appointed and one joint City of Wilmington and County member needs to be appointed. The terms of the appointments will be determined at a later date. Chairman Caster requested nominations from the Board. Motion: Chairman Caster MOVED, SECONDED by Commissioner Davis, to appoint Vice-Chairman Greer to serve as the County Commissioner appointee on the Cape Fear Public Utility Authority Board with the term to be determined at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 12, 2007 BOOK 31 PAGE 56 Motion: Commissioner Kopp MOVED, SECONDED by Chairman Caster, to appoint John R. Andrew to serve on the Cape Fear Public Utility Authority Board with the term to be determined at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint Burrows G. Smith to serve on the Cape Fear Public Utility Authority Board with the term to be determined at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to appoint Kathryn L. Johnston to serve on the Cape Fear Public Utility Authority Board with the term to be determined at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Industrial Facilities and Pollution Control Financing Authority Chairman Caster reported that three vacancies need to be filled on the Industrial Facilities and Pollution Control Financing Authority with two applicants eligible for reappointment and one application available for consideration. Vice-Chairman Greer requested to be recused from the Industrial Facilities and Pollution Control Financing Authority appointments citing a conflict of interest with a family member having submitted an application for consideration. Motion: Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to recuse Vice-Chairman Greer from the Industrial Facilities and Pollution Control Financing Authority appointments citing a conflict of interest with a family member having submitted an application for consideration. Upon vote, the MOTION CARRIED 4 TO O. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to reappoint Thomas L. Dodson and R. Hill Rogers and to appoint Brian McCormack to six year terms on the Industrial Facilities and Pollution Control Financing Authority with the terms to expire on February 22,2013. Upon vote, the MOTION CARRIED 4 TOO. Appointment to the Nursing Home Community Advisory Committee Chairman Caster reported that one vacancy needs to be filled on the Nursing Home Community Advisory Committee with one member eligible for reappointment and requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to reappoint Mary Ann Lewis to serve a three year term on the Nursing Home Community Advisory Committee with the term to expire on March 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST BY DUNCAN MARINE CONTRACTORS, INC., ON BEHALF OF COLORADO COASTAL DEVELOPMENT, LLC TO LOCATE A TEN SLIP COMMUNITY BOATING FACILITY IN AN R-15 RESIDENTIAL ZONING DISTRICT AT SEABREEZE SOUND (S- 570, 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 Charles Duncan Senior Planner Jane Daughtridge reported that Duncan Marine Contractors, Inc., on behalf of Colorado Coastal Development, LLC, is requesting to locate a ten slip community boating facility in an R-15 Residential Zoning District at Seabreeze Sound and presented a slide overview of the proposed project. 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 if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Federal Point Fire District. B. Private water supply will serve the dock facility. C. The project will be located in Myrtle Grove Sound/Intracoastal Waterway, north of Snow's Cut. D. Access to the site will be pedestrian from within Seabreeze Sound Subdivision, off Seabreeze Road South. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a community boating facility in an R -15 Residential District under certain conditions. B. The property owner will build a permitted residential pier between lots 28 and 29 which applicant proposes to improve with 4 boat slips. This pier is not subject to the special use permit. The requested special use permit for an additional community boating facility will create 10 additional slips. The total sub-division has 36 platted lots. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 12, 2007 BOOK 31 PAGE 57 C. The site plan does not show any off-street parking, because applicant states that parking will be accommodated on the residential lots served by the facility. D. Ten boat slips, to serve ten non-specified residential lots of the 36 total lots in the subdivision, are proposed for the community boating facility which meets the required ratio of not more than 1:1. E. A pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. No commercial activities are proposed for the facility, per the requirements of the ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Similar type projects exist in other residential districts in New Hanover County. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 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 New Hanover County Comprehensive Plan classifies the site as Conservation. The purpose of the class is to provide for effective long-term management and protection of significant, limited, or irreplaceable natural resources while also protecting the rights of the property owner. Water- dependent uses are appropriate. B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. C. CAMA permits will be required. D. Surrounding land uses include single-family housing, some with docks and piers. Planning Director Chris O'Keefe reported that at its February 1, 2007 meeting, the Planning Board recommended positive findings for approval of the project by a vote of 6-0 with the following additional conditions: 1. Deed restrictions or restrictive covenants are to be recorded in the chain of title for lots 30, 31, 32 and 33, stating that no individual docks or piers will be allowed, other than the planned shared dock with 4 slips between Lots 28 and 29. 2. Slips may not be leased or sold and only property owners or their guests may use the slips. 3. The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve, as required by the ordinance. 4. No overhead lighting will be installed. Two citizens from the community were present to comment about the project. The owner provided answers to their questions and agreed to work out any concerns they might have about hours of operation outside the special use permit process. Staff recommends approval and supports the Planning Board's conditions. Commissioner Pritchett confirmed with Planning Director O'Keefe that commercial activities are prohibited including the sale of fuel. Chairman Caster asked if the Petitioner would like to speak on the request. Mr. Duncan, the Petitioner, stated that he agrees with the findings off acts and conditions as presented. Chairman Caster asked if anyone would like to speak in opposition to the request. Hearing no comments, Chairman Caster closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to approve a Special Use Permit to locate a ten-slip community boating facility in an R-15 Residential Zoning District at Seabreeze Sound with the following conditions: 1) Deed restrictions or restrictive covenants are to be recorded in the chain of title for lots 30, 31, 32 and 33 stating that no individual docks or piers will be allowed, other than the planned shared dock with 4 slips between Lots 28 and 29; 2) Slips may not be leased or sold and only property owners or their guests may use the slips; 3) The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve, as required by the ordinance; and 4) No overhead lighting will be installed. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order approving the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 12.2. BREAK Chairman Caster called for a break from 2:37 p.m. until 2:52 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 12, 2007 BOOK 31 PAGE 58 ADDITIONAL ITEM ADOPTION OF RESOLUTION DECLARING THE WEEK OF MARCH 11-17, 2007 AS SEVERE WEATHER AWARENESS WEEK IN NEW HANOVER COUNTY Chairman Caster reported that the Board has been requested to declare the week of March 11-17, 2007 as Severe Weather Awareness Week in New Hanover County. Assistant County Manager Pat Melvin read the resolution into the record and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution declaring the week of March 11-17, 2007 as Severe Weather Awareness Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 18.3. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT REQUEST FOR ARTICLE V, CREATING SECTION 59.9, RIVERFRONT MIXED USE DISTRICT (A-355) Chairman Caster opened the Public Hearing and requested Planning Director Chris O'Keefe to make the staff presentation. Planning Director 0 'Keefe reported that staff is requesting a zoning text amendment for Article V, to create Section 59.9, Riverfront Mixed Use District and presented an overview of the request. The request is in response to increasing interest in development along the banks of the Cape Fear River. Staff has been working with the City of Wilmington to establish regulations for a riverfront zoning district. A number of public meetings were held to get input and comments with the general consensus indicating that when and if this area is going to develop, more appropriate regulations need to be in place in order to protect the existing environmentally sensitive areas located on the west bank as well as provide for quality development which allows for the greatest community benefit. The recommended ordinance creates a separate overlay district within the Riverfront Mixed Use District eligible area where a maximum height of75' is proposed; the base height of 150' remains in other Riverfront Mixed Use District areas with additional height up to 240' if performance criteria are met. The Planning Board at their February 1, 2007 meeting approved recommending the revision by a vote of 5 to 2. The two that voted in opposition were in favor of higher height restrictions. Staff is in agreement with the Planning Board that a lower height maximum, especially in the southern portion of the Riverfront Mixed Use District, will help to lessen the burden on the infrastructure and protect the environment of the river corridor while ensuring quality development with the focus on river access and useable open space. Chairman Caster asked if anyone would like to speak in favor of the request. George W. Edward, Executive Director, Historic Wilmington Foundation, stated that they supported the proposal before the Board and requested that it be approved. Alice Mitchell, President, Residents of Old Wilmington, stated that they support the proposed zoning text amendment creating the Riverfront Mixed Use District and that it was a worthy compromise. Kevin O'Grady, representing the Residents of Old Wilmington, stated that the proposed zoning text amendment creating the Riverfront Mixed Use District is a good compromise. Chairman Caster asked if anyone would like to speak in opposition to the request. John Evans, representing Muddy Waters, spoke in opposition to the proposed zoning text amendment creating the Riverfront Mixed Use District stating his concern of the height limitations and that the original plan would provide for a more unified district. Jim MacCallum spoke in opposition to the proposed zoning text amendment creating the Riverfront Mixed Use District stating that the original proposal is a more viable plan allowing for projects such as City View. Churchill Hornstein spoke in opposition to the proposed zoning text amendment creating the Riverfront Mixed Use District stating that the original proposal is a sensible option and will attract more people to the currently under-utilized recreational resource of the Cape Fear River. Danny Alvis spoke in opposition to the proposed zoning text amendment creating the Riverfront Mixed Use District stating that the City View project followed the original proposal and recommended the Board approve the original proposal and height limits. Michael McLeod stated that the City View project is a great project and requested the Board approve the original proposal and height limits. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 12, 2007 BOOK 31 PAGE 59 Brenda Stopel, resident of Wilmington, spoke in favor of the City View project stating that the downtown area needs the revitalization that this project would bring. Chairman Caster asked for rebuttal comments from those in favor of the request. George W. Edward, Executive Director Historic Wilmington Foundation, stated that their organization represents a broad spectrum of the community, old and new residents, and requested the Board approve the proposed zoning text amendment creating the Riverfront Mixed Use District. Alice Mitchell, President, Residents of Old Wilmington, requested the Board protect the west bank of the Cape Fear River by approving the proposed zoning text amendment creating the Riverfront Mixed Use District. Chairman Caster asked for rebuttal comments from those in opposition to the request. John Evans, Muddy Waters, stated that height restrictions limit creative architecture and requested the Board approve the original zoning text which will help revitalize the City of Wilmington and New Hanover County. Steve Shuttleworth, representing Riverfront Holdings Development, stated that he is opposed to the proposed zoning text amendment and the 240' height limit. Hearing no further comments, Chairman Caster closed the Public Hearing and requested direction from the Board. Planning Director Chris O'Keefe clarified with Vice-Chairman Greer that adopting the zoning text amendment creating the Riverfront Mixed Use District does not reclassify the area to Riverfront Mixed Use District but allows a property owner to petition projects within the identified area to be included in the District. Property within the identified Riverfront Mixed Use District can still be developed as currently zoned. No land is associated with the Riverfront Mixed Use District but land exists where the District Zoning can be applied. Commissioner Pritchett stated that the proposed zoning text amendment creating the Riverfront Mixed Use District is not site specific and the Board is charged with looking at the overall picture of the riverfront area. Planning Director Chris O'Keefe clarified with Commissioner Davis that the area directly across from the Historic District will be limited to the 75' height restriction. Areas to the north of the Historic District area will have a height restriction of 150'. Additional height up to 240' will be allowed if performance criteria are met such as increased open space and parking is included inside the structure of the building. Hearing no further discussion, Chairman Caster called for a motion from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the zoning text amendment as presented for Article V, creating Section 59.9, Riverfront Mixed Use District. Substitute Motion: Chairman Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the zoning text amendment as presented for Article V, creating Section 59.9, Riverfront Mixed Use District, with the exception that the separate overlay district maximum height restriction be 100' as opposed to 75' . Chairman Caster called for a vote on the substitute motion. Vote: The MOTION FAILED 2 TO 3. Commissioner Davis, Commissioner Kopp and Commissioner Pritchett voted in opposition. Chairman Caster called for a vote on the original motion. Vote: The MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance amending the zoning text is hereby incorporated as a part of the minutes and contained in Exhibit Book XXX, Page 18.4. PUBLIC HEARING TO CONSIDER THE REQUEST BY JAMES D. SMITH, ON BEHALF OF RONALD STRICKLAND, TO CLOSE A SEGMENT OF ALLEN AVENUE (SC-83, 01/07) Chairman Caster opened the Public Hearing and requested Principal Development Planner Sam Burgess make the staff presentation. Principal Development Planner Burgess reported that Attorney James D. Smith, on behalf of Ronald Strickland, has petitioned the County to close a 100 x 20 foot segment of Allen Avenue. Allen Avenue is a graveled unimproved right -of-way with a road width of 20 feet. Presently, the road serves access to four parcels of land, one with a residential structure; a sewer line runs through the right-of-way and needs to be retained to accommodate the utility easement. If the road is closed there is a potential to land lock parcel number 3 if it is sold to a separate party in the future. New Hanover County Fire Services has expressed concern for emergency service access. Staff recommends that the road remain open. Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 12, 2007 BOOK 31 PAGE 60 Hearing no one, Chairman Caster closed the Public Hearing and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to deny the request by James D. Smith, on behalf of Ronald Strickland, to close a segment of Allen Avenue due to concerns of potential land locking and access for emergency service. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 4: 15 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 5:33 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. Bob Philpott, representing Cape Fear Paddlers, spoke in favor of access to the waterway for canoeing and kayaking stating that they would like to work with the Parks Department in the development of the Trails End Park property. 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 5:38 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board