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2007-12-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 3, 2007 PAGE 261 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 3, 2007, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. 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 Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Daniel L. Warnes, Lutheran Church of Reconciliation, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Chairman Caster requested County Attorney Wanda M. Copley to preside over the election of the Chairman and Vice-Chairman of the Board of County Commissioners. County Attorney Copley opened the floor to receive nominations for Chairman for the ensuing year. Commissioner Caster nominated Commissioner Greer. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: Upon vote, Commissioner Robert G. Greer was unanimously elected to serve as Chairman of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. Chairman Greer nominated Commissioner Caster. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: Upon vote, Commissioner William A. Caster was unanimously elected to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE WATER AND SEWER DISTRICT FOR ELECTION OF A CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Chairman Greer convened from Regular Session at 5:35 p.m. for the County Attorney to preside over the election of a Chairman and Vice-Chairman for the Water and Sewer District Board of Commissioners. Chairman Greer reconvened to Regular Session at 5:37 p.m. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing no comments, Chairman Greer called for a motion to approve the remaining items on the Consent Agenda. Motion : Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Board of Equalization and Review meeting held on November 9, 2007 Work Session meeting held on November 15, 2007 Agenda Review meeting held on November 15, 2007 Board of Equalization and Review meeting held on November 16, 2007 Regular Session meeting held on November 19, 2007 Work Session meeting held on November 19, 2007 Adoption of Resolution Approving the Public Official Bonds ? Finance Department The Commissioners, Pursuant to General Statute 58-72-20, adopted the resolution approving the annual surety bond coverage for the Finance Officer, Sheriff, Register of Deeds and Tax Collector. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 3, 2007 PAGE 262 Page 35.1. Acceptance of 2007 Department of Homeland Security Grant Award ? Sheriff?s Office The Commissioners, on behalf of the Sheriff?s Office, accepted grant funds from the 2007 Department of Homeland Security Grant Award in the amount of $64,454 and adopted budget ordinance amendment 08-099. The funds will be used to purchase equipment to enhance the response and mitigation of improvised explosive devices including a bomb suit and a real time x-ray machine to perform examinations out in the field. No local match is required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 35.2. Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following budget ordinance amendments: 08-098 - Department of Aging 08-101 - Department of Aging Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXX, Page 35.3. REGULAR ITEMS OF BUSINESS PUBLIC HEARING AND APPROVAL OF REQUEST BY LOIS BLACKLEDGE TO REZONE APPROXIMATELY .21 ACRE OF PROPERTY LOCATED AT 6520 CAROLINA BEACH ROAD FROM B-2 HIGHWAY BUSINESS DISTRICT TO R-15 RESIDENTIAL DISTRICT (Z-874, 11/07) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that Lois Blackledge is requesting to rezone approximately .21 acre of property located at 6520 Carolina Beach Road from B-2 Highway Business District to R-15 Residential District and presented a slide overview of the request. The subject property is located in the southern portion of the county near the intersection of Carolina Beach Road and Halyburton Memorial Parkway. Planning Director Chris O?Keefe reported that several of the commercial lots south of Halyburton Memorial Parkway have been divided among multiple heirs of the original owner and Ms. Blackledge desires to transition the property to residential use. Residential use is consistent with adjacent property to the south and elsewhere in the surrounding area, including individual parcels and subdivisions such as Heritage Woods, Sago Bay and Laurel Ridge. North of this property is zoned B-2 with a dilapidated structure on the adjacent property and various commercial uses on the properties further north. Across Carolina Beach Road is R-15 residential property. The Planning Board, at its November 1, 2007 meeting, voted unanimously to recommend approval of this request with two neighbors speaking in favor of the change. The transition to residential use is consistent with the land use plan and the current zoning pattern. Staff recommends approval and also requests that a sliver of parcel 4 also be included in the rezoning to be consistent with the current R-15 zoning of parcel 4. Chairman Greer asked if anyone would like to speak in opposition to or in favor of the request. Lois Blackledge, the Petitioner, stated that she would like to build a home on the property. Hearing no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Lois Blackledge to rezone approximately .21 acre of property located at 6520 Carolina Beach Road, including the sliver of parcel 4, from B-2 Highway Business District to R-15 Residential District finding that the request is: 1) consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to allow transition of 0.21 acre of commercial property to R-15 residential district in this location. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 ON APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 83. PUBLIC HEARING AND APPROVAL OF REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF STEPHEN AND DELLA CONWAY, TO REZONE APPROXIMATELY 1.03 ACRES OF PROPERTY LOCATED AT 304/308/310 JUDGES ROAD FROM R-15 RESIDENTIAL DISTRICT TO I-1 INDUSTRIAL DISTRICT (Z-875, 11/07) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that Withers and Ravenel, on behalf of Stephen and Della Conway, are requesting to rezone approximately 1.03 acres of property located at 304/308/310 Judges Road from R-15 Residential District to I-1 Industrial District and presented a slide overview of the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 3, 2007 PAGE 263 The subject property is located in the central portion of the county in an area classified as Urban on the 2006 CAMA Land Classification map. The property is accessed from Judges Road, a local street intersecting with Market Street, which is a principal arterial road according to the Wilmington Urban Area 2030 Long Range Transportation Plan. Level of service has not been rated on Judges Road. Level of Service has been rated F along this segment of Market Street, meaning traffic exceeds the design capacity. Traffic counts in this area decreased about 10% between 2005 and 2006. The subject property is used for residential purposes but is largely surrounded by property zoned for industrial use. Adjacent to the north and east is zoned I-1 light industrial but is currently either undeveloped or residential. To the south is zoned I-1 and is developed with the Judges Road Business Park. To the west, three additional parcels are zoned R-15 and used for residential purposes. The area then transitions into R-10 in Wildflower Subdivision. Public water and sewer are available in the area. Planning Director Chris O?Keefe reported that this rezoning petition proposes a change from moderate density R-15 Residential use to a more intensive industrial classification. The 2006 Update of the Joint CAMA Plan describes the purpose of the urban class as providing for continued intensive development and redevelopment of existing urban areas. The transition from residential use to light industrial would appear to be consistent with the adjacent zoning and land classification. Therefore, staff recommends approval of the rezoning from R-15 Residential to I-1 light industrial. The Planning Board, at its November 1, 2007 meeting, voted unanimously to recommend approval of this request. No one from the public spoke on this item. Chairman Greer asked if anyone would like to speak in favor of or in opposition to the request. Cindee Wolf, with Withers and Ravenel, stated that she is representing the Petitioner and presented an overview of the current zoning reporting that the I-1 rezoning request is consistent with the adjacent zoning. Stephen Conway, the Petitioner, stated that at this time the rentals homes will remain but they are considering a light industrial development in the future. Hearing no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the request by Withers and Ravenel, on behalf of Stephen and Della Conway, to rezone approximately 1.03 acres of property located at 304/308/310 Judges Road from R-15 Residential District to I-1 Industrial District finding that the request is: 1) consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to allow transition residential acreage adjacent to existing industrial land in this location. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON AUGUST 18, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 6, Page 79. PUBLIC HEARING AND APPROVAL OF REQUEST BY STAFF TO AMEND SECTIONS 59.7-4(7)(b) AND 59.7-6(1) CLARIFYING LANGUAGE RELATING TO CONDITIONAL USE DISTRICTS THAT FAIL TO PROCEED IN A TIMELY MANNER OR WHERE LEGAL NULLIFICATIONS APPLY (A-365, 09/07) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that the process by which a conditional zoning action is reverted back when building or occupancy has not progressed within time frame outlined in the ordinance has been called into question. When the Legal Department researched the matter, the UNC School of Government advised that the change should happen in the same manner as it was originally approved, i.e. through the Planning Board and Commissioners with a public hearing. Although this has not been a big problem, Staff is recommending the following language be added to clarify sections 59.7-4(7)(b) and 59.7-6(1) of the ordinance. 59.7-4: Approval Process (7) Effect of Approval (a) If the petition/application is approved, establishing the Conditional Use District, all conditions attached thereto by the companion Special Use Permit shall be binding on the tract included in the Conditional Use District and all subsequent development and use of the tract shall be in accordance with the approved plan and conditions. No building permit shall be issued for any development within a Conditional Use District except in accordance with an approved Special Use Permit. Current language: (b) If any condition imposed under the companion Special Use Permit is found to be illegal, the approval of both the Special Use Permit and the Conditional Use District shall be null and void, and the tract shall be rezoned. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 3, 2007 PAGE 264 Staff recommendation: (b) If any condition imposed under the companion Special Use Permit is found to be illegal, the approval of both the Special Use Permit and the Conditional Use District shall be null and void, and the tract shall be in accordance with the process for map amendment outlined in Section 112. rezoned 59.7-5: Alterations to Approved Conditional Use Districts (1)Minor changes to an approved Conditional Use District or its companion Special Use Permit shall be considered in the same manner as that used for Special Use Permits as set forth in Section 71- 1(9) of the Zoning Ordinance. (2)Any request for a change to an approved Conditional Use District that does not qualify as a minor change under the provisions of Section 71-1(9) of the Zoning Ordinance shall be submitted as a new Conditional Use District. 59.7-6: Enforcement Current language: (1) Failure to Proceed in a Timely Manner - If, within twenty-four (24) months from the date of approval of the Conditional Use District, no building permit has been issued for subject tract, the Planning Department shall initiate action to simultaneously revoke the Special Use Permit and rezone the Conditional Use District to its classification prior to approval. (10/7/91) Staff recommendation: (1) Failure to Proceed in a Timely Manner ? If within 24 months from the date of approval of the Conditional Use District, no building permit has been issued for the subject tract, the Planning Department shall initiate may schedule a hearing for the Planning Board to consider progress made. If it is determined action that active efforts are not proceeding, the Planning Board may send forward a recommendation to the County Commissioners to simultaneously revoke the Special Use Permit and rezone the Conditional Use District to its classification prior to approval. (2) Failure to Comply (a) The Inspections Director shall enforce the Conditions and Requirements specified for each Conditional Use District and its companion Special Use Permit following the provisions of Articles X and XIII of the Zoning Ordinance. Current language: (b) If a violation of a condition or requirement is not corrected within a reasonable time period, the Inspections Director shall also refer the matter to the Planning Department for initiation of proceedings to simultaneously revoke the Special Use Permit and rezone the Conditional Use District to its classification prior to approval. Staff Recommendation: (b) If a violation of a condition or requirement is not corrected within a reasonable time period, the Inspections Director shall also refer the matter to the Planning Department for initiation of proceedings to simultaneously revoke the Special Use Permit and rezone the Conditional Use District to its classification prior to approval in accordance with the process outlined for map amendment in Section 112. At the Planning Board?s November 1, 2007 meeting they voted unanimously to recommend the amendment as presented. No one from the public spoke on this item. Chairman Greer asked if anyone would like to speak in favor of or in opposition to the request. Hearing no comments, Chairman Greer requested direction from the Board. Commissioner Davis stated that he would like to see the wording ?may? be replaced with ?shall? in Section 59.7-6 so that the Planning Staff is required to schedule a hearing before the Planning Board on any project that is not proceeding in the required time frame. Senior Planner Daughtridge clarified that the word ?may? was used to give the Planning Staff discretion on individual projects. The permit holder can bring the item before the Board. In response to Board questions, Planning Director O?Keefe clarified that using the word ?shall? allows the Planning Department staff the discretion to schedule items on the Planning Board?s agenda and the Planning Board?s decision can be appealed to the Board of Commissioners. A public hearing is held at Planning Board meetings which will allow the opportunity for interested parties to voice their concerns. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the request by staff to amend Sections 59.7-4(7)(b) and 59.7-6(1) of the ordinance as presented by staff finding that the request is: 1) consistent with the purposes and intent of the land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to establish a procedure for acting on conditional approval that fail to initiate in a timely manner. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 3, 2007 PAGE 265 A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 35.4. PUBLIC HEARING AND RECOMMENDATION OF APPROVAL TO THE COASTAL RESOURCES COMMISSION TO AMEND THE 2006 CAMA LAND USE PLAN TO ALLOW DENSITY EXCEPTIONS FOR RIVERFRONT MIXED USE PROJECTS WITHIN THE CONSERVATION LAND CLASSIFICATION (LUP- 12) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O?Keefe reported that staff is requesting to amend the 2006 CAMA Land Use Plan to allow density exceptions for Riverfront Mixed Use Projects within the Conservation Land Classification. In March 2007 the Commissioners adopted the Riverfront Mixed Use District as an alternative zoning concept for development of limited areas across from the City of Wilmington. The areas designated as eligible are almost entirely located within the 100-year floodplain. Those areas are classified as Conservation in the land classification section of the plan and residential density is rigidly limited to no more than 2.5 units per acre with the only exception being the City?s National Historic District. Staff proposes to include the Riverfront Mixed Use District as an exception so that the standards adopted in March 2007 can be consistent with the Land Use Plan. Policy 3.12 would not allow for impervious area greater than 25% in the Conservation Land Class, therefore, staff recommends adjusting that policy language. Policy 21.2 reiterates the strict density limit in Conservation Land Class, therefore, staff recommends a reference to the section where exception is given for Riverfront Mixed Use. The Planning Board at its November 1, 2007 meeting voted 5-1 to recommend approval of this land use plan amendment. Cape Fear Riverkeeper, Doug Springer, expressed concern about allowing impervious area to exceed 25% in the Conservation land classification. The Coastal Resources Commission will consider the amendment at their January 2008 meeting. The additional language is underlined as proposed: Policy 3.12 Carefully control development and redevelopment activities within the Watershed Resource Protection and Conservation areas identified on the Land Classification Map to prevent the degradation of water quality in the creeks and sounds, to protect the public health, and to ensure the protection of these vital natural resources by reducing nutrient, pesticide, sediment, and other pollutants. The following standards shall apply a. Impervious surface coverage shall be limited to twenty-five percent (25%) in the Watershed Resource Protection and Conservation areas. b. Projects that conform to adopted exceptional design standards for enhanced storm water controlsor projects developed under the Riverfront Mixed Use District standards may exceed 25% in the Watershed Resource Protection and Conservation areas. c. Natural vegetative buffers shall be established to effectively filter runoff before it enters surface waters. Policy 21.2 Limit density to 2.5 units / acre or less in conservation areas (100 year, or 1% annual chance floodplain) as defined in Part III. Land Classification. Implementation Strategies for Policy 21.2 21.2.1 Continue enforcing the limit as specified. 21.2.2 Develop a program for density tradeoffs to encourage development outside the floodplain. Chairman Greer asked if anyone would like to speak in favor of or in opposition to the request. Doug Springer, Cape Fear Riverkeeper, stated that the request is to modify the CAMA Land Use Plan to match the County ordinance and it should be the other way around. The request is to lessen the restrictions in a sensitive area. The property directly north of the Battleship is owned by the State and should not be included in the overlay district and requested the State property be exempted from development under the Riverfront Mixed Use District. He requested the Board support the 2006 CAMA Land Use Plan and not approve the requested amendments. Kevin O?Grady, President of Residents of Old Wilmington, requested that the wetlands to the north of the Battleship, which are owned by the State, not be included in the overlay district so that the area will remain wetlands. Hearing no further comments, Chairman Greer requested direction from the Board. In response to Board questions, Planning Director O?Keefe reported that: ? The current ordinance limits the impervious surface in this area to 25%. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 3, 2007 PAGE 266 ? With the requested amendment, if a project is approved for Riverfront Mixed Use District development, the impervious surface would be capped at 50%. ? Approval would be on a project by project basis and require Planning Board consideration and approval by the Board of Commissioners with each entity holding a public hearing for input. ? Appropriate areas exist for high density development. ? The State owns the property north of the Battleship. ? The property cannot be developed under the current CAMA restrictions. ? The State-owned property can be excluded from the requested amendment, if the Board so wishes. In response to Board questions, Assistant County Attorney Sharon Huffman stated that it might be more appropriate for this item to be referred back to the Planning Board for their consideration if the Board wishes to exclude the property owned by the State from the requested amendment. Chairman Greer stated that when the Board adopted the Riverfront Mixed Use Zoning District, height restrictions that coincide with impervious surface requirements were discussed in depth and the whole picture is not being considered by just considering the impervious surface criteria. There are several processes a proposed project has to undergo, before it can be approved. This includes the review in January by the Coastal Resources Commission for the requested amendment. If the Coastal Resources Commission does not feel it is appropriate, they will request the Board of Commissioners to review it again. In response to Board questions, Planning Director O?Keefe reported that there are people who are looking to take advantage of the Riverfront Mixed Use District ordinance in the overlay district and do not feel that they are able to proceed without the CAMA Land Use Plan being consistent with the ordinance. Commissioner Pritchett voiced her concern that the requested amendment will only benefit a limited number of developers and will be a detriment to the community and marine life and she will not vote in support of the request. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to deny the recommended amendment to the 2006 CAMA Land Use Plan as presented to allow density exceptions for Riverfront Mixed Use Projects within the Conservation Land Classification as presented. Upon vote, the MOTION FAILED 2 TO 3. Chairman Greer, Vice-Chairman Caster and Commissioner Kopp voted in opposition. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the recommended amendment to the 2006 CAMA Land Use Plan as presented to allow density exceptions for Riverfront Mixed Use Projects within the Conservation Land Classification as presented with the directive requesting Planning Staff and the Planning Board to consider the merit of removing the State property from the Riverfront Mixed Use District. Upon vote, the MOTION CARRIED 3 TO 2. Commissioner Davis and Commissioner Pritchett voted in opposition. PUBLIC HEARING AND APPROVAL OF STREET RENAMING REQUEST BY STAFF TO NAME AN UNNAMED ROAD TO RUBY LANE AND ASSIGN NEW MAILING ADDRESSES LOCATED NEAR THE 1700 BLOCK OF ROCKHILL ROAD, NORTH SIDE (SN-104, 11/07) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess reported that staff is requesting that an unnamed road be named to Ruby Lane. The road is located near the 1700 block of Rockhill Road and contains three residential homes. The improved road is approximately 580? in length and has a 50? right-of-way. The County?s Emergency 911 office has approved the neighbors request to name the road to Ruby Lane. Through out the unincorporated area of the County, several short, unnamed and unimproved roads/cart paths exist off major named roads that contain residential homes. Years ago when major roads were provided with new mailing addresses, the short, unnamed roads located nearby were given the same major road name and a mailing address. With the County?s enhanced Emergency 911 System reducing the amount of response time in times of an emergency, the need has increased to identify those unnamed roads located through-out the County and properly name and provide mailing addresses to the residents living along the road. Staff recommends that the unnamed road located off Rockhill Road be named Ruby Lane, if approved, new mailing addresses will be assigned in accordance with the County?s addressing grid system and a street sign will be erected. An effected date of change is slated for March 3, 2008. Chairman Greer asked if anyone would like to speak in favor of or in opposition to the request. Hearing no comments, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by staff to name an unnamed road located off Rockhill Road to Ruby Lane, assign new mailing addresses in accordance with the County?s addressing grid system, and erect a street sign with a proposed effective date of March 3, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Order naming an unnamed road to Ruby Lane is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 35.5. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 3, 2007 PAGE 267 PUBLIC HEARING AND APPROVAL OF REQUEST BY BILTMARK BUILDERS TO NAME A SERVICE ROAD LOCATED NEAR THE 3500 BLOCK AND RUNNING PARALLEL TO NORTH COLLEGE ROAD, EAST SIDE TO WICKENDON LANE (SN-105, 11/07) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess reported that several years ago, the North Carolina Department of Transportation created a service road near the overpass of North College Road and I-140. The purpose of the service road was to create alternative access to a 39 acre parcel located in the southeast quadrant of the overpass. Since the creation of the service road, the 39 acre parcel has received approval for a 432 unit High Density residential district that is currently under construction. In order to have a visible means of alternative access from North College Road, Biltmark Builders has requested that the service road be named to Wickendon Lane. The service road is approximately 820? in length and is improved. No residential structures exist along the road. However, the road will provide access to New Providence Park Apartments presently under construction. The proposed road name has been approved by Emergency 911. Staff recommends that the service road be named Wickendon Lane. The Petitioner will be responsible for erecting a new street sign. Chairman Greer asked if anyone would like to speak in favor of or in opposition to the request. Hearing no comments, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Biltmark Builders to name the service road located near the 3500 block of North College Road to Wickendon Lane. Biltmark Builders will be responsible for erecting a new street sign. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Order naming an unnamed road to Wickendon Lane is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 35.6. PUBLIC HEARING AND APPROVAL OF REQUEST BY STAFF TO RENAME BAILEYWICK LANE LOCATED NEAR THE 7400 BLOCK OF DUNBAR ROAD, NORTH SIDE TO BAILEY HARBOR LANE (SN- 106) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess reported that on behalf of the property owners who own property along Baileywick Lane, the Planning Department has petitioned to rename Baileywick Lane to Bailey Harbor Lane due to a conflict with a similar street name in the City of Wilmington. The developer for the project recorded a map with the name Baileywick Lane. After learning of the street name conflict, Planning Staff requested the developer re-record a map with an unduplicated street name. Bailey Harbor Lane was to be recorded on a revised map by the developer but the map was never recorded. Planning Staff is now requesting that the road be renamed Bailey Harbor Lane. The road is located near the 7400 block of Dunbar Road, Middle Sound Community. The improved road is approximately 780? in length from its intersection with Dunbar. No houses presently exist along the majority of this road but the owners of the properties have been contacted by letter. One homeowner whose address will be affected is still using a Dunbar Road address and is in agreement with the change. The proposed road name has been approved by Emergency 911. Staff is requesting the Board approve Baileywick Lane be renamed Bailey Harbor Lane. If approved, a new street sign will be erected and the property owners will receive a letter informing them of the change. Chairman Greer asked if anyone would like to speak in favor of or in opposition to the request. Hearing no comments, Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the request by staff to rename Baileywick Lane to Bailey Harbor Lane, notify property owners, and erect a new street sign. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Order renaming Baileywick Lane to Bailey Harbor Lane is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 35.7. BREAK Chairman Greer called for a break at 7:01 p.m. until 7:12 p.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 7:12 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 7:21 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 3, 2007 PAGE 268 NON-AGENDA ITEMS Chairman Greer 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. ADDITIONAL ITEMS HOMESTEAD EXCLUSION UPDATE Commissioner Kopp reported that Catawba County is requesting New Hanover County to adopt a resolution supporting an increase to the income criteria for the Homestead Exclusion from $25,000 to $35,000. Commissioner Kopp reported that he has been informed that the General Assembly will be addressing this issue during the upcoming short session and suggested the Board delay the consideration of a resolution. He reported that the North Carolina Association of County Commissioners is working closely with the Federation of Tax Administrators on this subject. It is estimated that by increasing the threshold from $25,000 to $35,000 will have an impact of reducing revenue by $1 million. REHABILITATION FACILITY FEASIBILITY STUDY Commissioner Davis reported that he has received the suggestion to locate a rehabilitation facility on the property recently purchased by the jail. This could potentially free up space in the jail by treating incarcerated people with drug and alcohol problems in the rehabilitation facility instead of the jail. County Manager Shell stated that he would speak with Southeastern Mental Health, among others, and assess what revenues are available to build and operate this type of facility and bring back a feasibility report to the Board. Commissioner Pritchett reported that the Substance Abuse Facility Task Force has been working on this subject for the past six months and requested the Board allow them to finish up their assessment and she will report back to the Board. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 7:32 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board