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1997-08-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 43 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 4, 1997, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Vice-Chairman William A Caster; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Howell led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow anyone from the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Presentation of Annual Report and Petition from the Sunset Park Neighborhood Association Mr. Hunter Thompson, representing the Sunset Park Neighborhood Association, presented an annual report on the activities of the group and a copy of a petition regarding neighborhood bars that is currently before the ABC Commission. The Commissioners were requested to review the petition and recommend ideas for strengthening the document. In closing, Mr. Thompson expressed appreciation to the Board for allowing him time to speak and stated he could be reached by calling (910) 251-8353. Adoption of Resolution Recognizing the 50th Anniversary ofthe University of North Carolina at Wilmington Chairman Greer announced the University of North Carolina at Wilmington would be celebrating its 50th Anniversary. He read a resolution in recognition of this special event, and he requested the Board to adopt the resolution. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt the resolution as read. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, presented the resolution to Ms. Mimi Cunningham, Chair of the 50th Anniversary Celebration, and wished her success in celebrating the event. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 3. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Consent Agenda 5 for further discussion. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to remove Item 5 as requested by Chairman Greer and approve the remaining 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 Regular Meeting of July 21, 1997, as presented by the Clerk to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 44 Authorization for New Hanover County Library to File a Grant Application to the Community Health Improvement Program for the Provision of Electronic Access to the Health Related Database The Commissioners authorized the Library Director to file a grant application to the Community Health Improvement Program for the provision of electronic access to the health related database for New Hanover County residents. The Library Director was authorized to accept the grant award. Authorization for the New Hanover County Library to File a Grant Application for FY 1998 State Aid to Public Libraries The Commissioners authorized the Library Director to file a grant application for the FY 1998 State Aid to Public Libraries in the amount of $161,041 and accept the funds if awarded. The Maintenance of Effort and State Aid application forms must be submitted by August 30, 1997, in order for the Library to receive its share of funding. Report of Disposals of Personal Property in Accordance with NCGS 160A-266-(C) for the Period of January 1, 1997 through June 30, 1997 The Commissioners accepted the Report of Disposals of Personal Property pursuant to NCGS 160A-266~ for the period of January 1, 1997, through June 30, 1997, as presented by the Finance Director. A copy of the report is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 3. Approval of Budget Amendment #98-03 - Federal Forfeited Property Funds - Sheriff's Department The Commissioners approved the following budget amendment: 98-03 - Federal Forfeited Property Capital Project Debit Credit Federal Forfeited Property Federal Forfeited Property $53,995 Capital Project Expense $53,995 Purpose: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment - Controlled Substance Tax Funds - Sheriff's Department The Commissioners approved the following budget amendment: 98-04 Controlled Substance Tax Capital Project Debit Credit Controlled Substance Tax Controlled Substance Tax $3,737 Capital Project Expense $3,737 Purpose: To increase the budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. POSTPONEMENT OF CONSENT AGENDA ITEM 5, RENEWAL OF CONTRACT WITH CAPE FEAR RESOURCE CONSERVATION AND DEVELOPMENT, INC. Chairman Greer commented on receiving federal funds in the amount of$9, 064 to pay for half of the position and asked what amount would be paid by New Hanover County? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 45 County Manager O'Neal advised this was a temporary position for Keep America Beautiful; however, he was not sure of the amount contributed by the County. He suggested deferring action on this item until the regular meeting of August 18, 1997. Consensus: It was the consensus of the Board to postpone consideration of this item until August 18, 1997. DENIAL OF FUNDING REQUEST BY WILMINGTON HARBOR ENHANCEMENT TRUST, INC. (WHET) TO COMPLETE FLOATING DOCK AREA ON THE CAPE FEAR RIVER Ms. Lynda Weil reported that Wilmington Harbor Enhancement Trust, Inc. (WHET) was interested in completing the floating docks located in front of the Hilton Hotel. WHET believes that completion ofthe docks will be an asset to the County and to the City by promoting transient boaters to use the docks, eat in downtown restaurants, and shop in retail stores. She advised that a quote had been received from Sullivan Flotation in the amount of $13,996 to complete this section of the floating dock. An additional $2,500 will be needed to add the power pedestals to the dock for a total project cost of approximately $16,500. WHET is requesting New Hanover County and the City of Wilmington to provide $7,000 each to assist with the project. WHET will provide $3,332, which has been secured through fund raising events. Discussion followed on how the floating docks would be managed. Ms. Weil responded the Hilton Hotel would provide management for the floating docks under the same regulations that apply to existing docks. The City establishes the fee schedule, and the Hilton provides the electric power and water. The dock space is provided on a first-come, first-serve basis without any preference given to the guests staying at the Hilton. Vice-Chairman Caster spoke in favor of the project but objected to the funding request not being submitted through the FY 1997-98 budget process. He explained that many outside agencies were denied funding through the normal procedure; therefore, it would be difficult for him to support the request. Ms. Weil responded when the budget process was occurring, WHET did not have the necessary funds to pay for its share of the project; consequently, the funding request was not submitted at that time. Mr. Michael Bradley, a member of the WHET Board of Directors, reported he had been working with the Department of Commerce to develop a coastal marine heritage trail for the past three years. The purpose of the project is to promote North Carolina waterways and riverways up and down the coast to attract cruise boats to cities and counties that have waterway components. Wilmington is destined to be a hub if sufficient dockage is provided with electricity and the necessary utilities for larger boats. He requested the Board to approve funding for completion of the project. Motion: Chairman Greer commented on the need to provide a nice boating facility in the downtown area and MOVED to approve the $7,000 funding request. The MOTION WAS SECONDED by Commissioner Howell. Upon vote, the MOTION FAILED by the following vote: Voting Aye: Commissioner Howell Chairman Greer Voting Nay: Commissioner Birzenieks Commissioner Davis Vice-Chairman Caster REPORT BY THE OGDEN VOLUNTEER FIRE DEPARTMENT ON PORTERS NECK FIRE SUBSTATION Fire Administrator, Phil Kouwe, reported at the regular meeting of the Board held on July 21, 1997, the Commissioners requested additional information from the Ogden Volunteer Fire NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 46 Department regarding the construction of the Porters Neck Fire Substation. He introduced Mr. Marion Covil, Chief of the Ogden Volunteer Fire Department, and stated he would be glad to answer any questions. Chairman Greer expressed appreciation to Chief Covil for attending the meeting, and asked when construction would begin on the fire substation? ChiefCovil responded that construction should begin within two weeks. He reported the land should be cleared by the end of the week and the engineering problems regarding the final design should be resolved within a few days. A lengthy discussion followed on the performance based contract. Chief Covil reported that numerous meetings had been held regarding the performance based contract with most of the issues being resolved. Commissioner Davis asked if the County would be requested to release funding before the performance based contract had been negotiated? Chief Covil responded that no monetary request would be made by the Ogden Volunteer Fire Department until the contract had been executed. Commissioner Davis reported that concern had been expressed about the Ogden Volunteer Fire Department not being interested in accepting the additional responsibility in managing the fire substation because of being understaffed. He asked if this was true? Chief Covil responded this was not true. He advised the Ogden Volunteer Fire Department has an enrollment of 40 active members, which was more than sufficient to meet State requirements for coverage of the area. In closing, ChiefCovil stated the Ogden Volunteer Fire Department was concerned about the delay in construction and felt the fire substation was needed in the area. He stated one point of concern was the lack of representation on the Board of Fire Commissioners from specific fire districts. He requested the Board to consider appointing a member of the Ogden Volunteer Fire Department or a citizen from the area to represent the Ogden Fire District on the Board of Fire Commissioners. Commissioner Birzenieks asked Commissioner Howell, the Board's representative on the Board of Fire Commissioners, if he was satisfied with the progress being made by the Ogden Volunteer Fire Department? Commissioner Howell responded that he was satisfied with the progress and stated he felt the Ogden Volunteer Fire Department had spent a great deal of time trying to negotiate an agreement so construction could begin. Chairman Greer expressed appreciation to Chief Covil for the report. He advised since the agreement has been extended to December 31, 1997, the Board will expect construction to begin and the performance based contract to be executed by that date. CONSIDERATION OF ESTABLISHING A NORTH CAROLINA SHORE AND BEACH PRESERVATION ASSOCIATION Assistant County Manager, Dave Weaver, reported that many North Carolina coastal communities were facing severe threats from beach erosion. Currently, there is no comprehensive management program in place to secure funding for erosion control projects. After discussion with several coastal communities and counties, there appears to be enough support to form a North Carolina Shore and Beach Preservation Association that would be modeled after the highly successful Florida Shore and Beach Preservation Association. The Ports, Waterway, and Beach Commission and President of the N. C. Water Resources Congress have endorsed the concept. He requested the Board to consider forming an Association by authorizing the Chairman to write NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 47 a letter to coastal communities to determine ifthere is sufficient support for this type of association. Commissioner Birzenieks commented on the time involved by Staff and asked if the Assistant County Manager would assume the lead role in development of the Association? County Manager 0 'Neal responded that Assistant County Manager Weaver would assume the lead role; however, New Hanover County should not bear the burden of responsibility. If other communities are receptive, the Assistant County Manager and Commissioners would be involved with contacting coastal communities at the beginning of the process. As the organization becomes functional, the interested communities should develop an Association with a common voice to focus on the preservation of shorelines and beaches without a great deal of time required by any particular governmental unit. Ms. Betty Medlin, Mayor of Kure Beach, spoke in favor of forming an association of this type. She commented on the difficulty experienced in acquiring funding for the current Kure Beach renourishment project and stated with the continued reduction in federal funding, a united lobbying effort will be needed to preserve the coastal shorelines. Vice-Chairman Caster asked if some time could be scheduled at the Annual Conference of the North Carolina Association of County Commissioners to discuss this issue with other coastal counties. County Manager O'Neal responded this was an excellent idea and stated he would try to schedule a meeting during the conference at an appropriate time. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to authorize the Chairman to forward a letter to the coastal communities to determine ifthere is sufficient support to form aN. C. Shore and Beach Preservation Association, and authorize the County Manager to contact the N. C. Association of County Commissioners to schedule an appropriate time for the coastal counties to meet during the Annual Conference to discuss the benefits of forming this type of association. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OFW A TERDEVELOPMENTFEE ORDINANCE AMENDING CHAPTER 15, SECTION 15-7(B) OF THE NEW HANOVER COUNTY CODE ON THE SECOND READING Chairman Greer reported this was the second reading of an ordinance to establish a water development fee to recover the cost of providing water service to new customers. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adopt the Water Development Fee Ordinance amending Chapter 15, Section 15-7(b) of the New Hanover County Code. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 3. The ordinance will be codified into the New Hanover County Code. ADOPTION OF 1-40 BUSINESS PARK SEWER IMPROVEMENTS PROJECT ASSESSMENT FEE AMENDING CHAPTER 15, SECTION 15-124, SPECIFIC FEES, OF THE NEW HANOVER COUNTY CODE Chairman Greer reported this was the second reading of an ordinance to adopt an 1-40 Business Park Sewer Improvements Project Assessment Fee. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to adopt an ordinance amending Chapter 15, Section 15-124, Specific Fees, of the New Hanover County Code to add Subsection 5, an 1-40 Business Park Sewer Improvements Project Assessment Fee. Upon vote, the MOTION CARRIED UNANIMOUSL Y. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 48 A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 3. The ordinance will be codified into the New Hanover County Code. AWARD OF BID #98-0008 AND APPROVAL OF CONTRACT #98-0008 WITH HOME HEALTH AND HOSPICE CARE,INC. FOR THE IN-HOME AIDE SERVICES PROGRAM - DEPARTMENT OF AGING Chairman Greer reported this item was discussed at length during the last Staff Meeting. He asked if a member of the Board would like to comment or make a motion. Vice-Chairman Caster stated after a review of the low bid, he did not feel the company was as well qualified as the other two firms that had submitted bids. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to adopt a resolution awarding the bid to Home Health and Hospice Care, Inc., at a unit cost of$13.90006 for in-home aide services for the Department of Aging. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Caster Voting Nay: Chairman Greer A copy of the resolution is hereby incorporated as a part of the minutes and is contained m Exhibit Book XXIV, Page 3. APPOINTMENT OF CHARLOTTE HACKMAN AND JAMES CROUCH TO SERVE ON THE ARTS COMMITTEE Chairman Greer reported the County had been requested by Mayor Betz to appoint two persons to serve on the Arts Committee to represent New Hanover County. He advised that four applications had been received, and he opened the floor to receive nominations. Commissioner Birzenieks nominated Charlotte Hackman. The nomination was seconded by Commissioner Davis. Commissioner Davis nominated James Crouch. The nomination was seconded by Commissioner Birzenieks. Vice-Chairman Caster nominated Darrell Irwin. The nomination was seconded by Chairman Greer. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Upon vote, Charlotte Hackman was appointed to serve on the Arts Committee by the following vote: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Voting Nay: Vice-Chairman Caster Chairman Greer Vote: Upon vote, James Crouch was appointed to serve on the Arts Committee by the following vote: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 49 Voting Nay: Vice-Chairman Caster Chairman Greer MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 7: 14 P.M. until 7:22 P.M. to hold a regular meeting of the Water and Sewer District. BREAK Chairman Greer called a break from 7:23 P.M. until 7:30 P.M. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO CHANGE REQUIREMENTS FOR TELECOMMUNICATIONS TOWERS (CONTINUED ITEM A- 278, 4/97) Chairman Greer opened the Public Hearing. Staff Planner, Pete Avery, reported the Planning Board voted unanimously to recommend approval of text changes related to the location of cellular communications towers in New Hanover County. An Ad Hoc Committee was appointed to study and prepare the recommendations. The Planning Staff was the chief coordinating body of the Committee, which was comprised of representatives from GTE, BellSouth, 360 Communications, the Council of Neighborhood Associations, Concerned Citizens of the Middle Sound/Ogden area; Key Colony Homeowners Association, and the Timbers Creek Homeowners Association. After holding meetings, substantial changes were debated and agreed upon by the members of the Committee. Planner Avery presented the following text changes to replace Section 69.17 of the Zoning Ordinance: 69.17 Telecommunication Facilities, Cellular Towers and Related Towers: These facilities may be located by right in the I-I and 1-2 districts and by Special Use Permit in all other zoning districts. In addition, these facilities shall be subject to the following: A Any tower, antenna or related structure in non-residential districts shall be set back from any residential dwelling a distance equal to the height of the tower as measured from the base of the tower. B. All towers, antennas or related structures locating in residential districts shall be located a distance equal to the height of the tower from any residential dwelling as measured from the base of the tower. In no case shall a tower, antenna or related structure be located closer than 50 feet from any residential property line. C. A landscaped buffer pursuant to minimum requirements of this Ordinance shall apply. D. All applicants seeking approval for the construction of any new towers, antennas and related structures that require special use permit approval shall submit written evidence to demonstrate that collocation on any existing tower, antenna or usable structure in the search area for the new tower is not reasonable or possible. E. All towers shall be constructed to accommodate collocation. Towers over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Towers 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. F. All applicants seeking approval shall also submit a written affidavit that the construction or placement of a structure meets the provisions of the Telecommunications Act of 1996, the National Environmental Policy Act of 1969, FCC Rules Sections 1.1311, 1.1312, 1.1307 and all other applicable federal, state, and local laws. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 50 G. Any tower and associated equipment which was lawfully constructed under the terms of this Ordinance, which is now considered a non-conforming improvement, may continue or be reconstructed as a conforming improvement even though the tower and associated equipment may not conform with the provisions of this Ordinance to the district in which it is located. Towers and associated equipment may only be enlarged and/or relocated if the enlarged or relocated tower eliminates the need for an additional tower; provides additional collocation opportunities on the tower or provides additional antenna space on the tower; and provided further that the enlargement and/or relocation shall be in conformance with the following regulations and design limitations: (1) Tower height may not be increased by more than 15% of the originally constructed tower height. Increases in height greater than 15% will require a variance from the Board of Adjustment. (2) A tower shall be allowed to be reconstructed and relocated within the boundaries of the property on which it is located so long as the decrease in the setback does not exceed 15% ofthe originally constructed tower height and the relocated tower is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the tower where the resulting decrease in setback exceeds 15% of the originally constructed tower height shall require a variance from the Board of Adjustment. In closing, Planner Avery reported that 30 towers were located on various sites throughout the County with more requests to be received. He stated in order to better control the placement of towers, the proposed text changes would strengthen the regulations in place. Commissioner Davis asked if a written affidavit instead of a written statement should be required under Section 69.17, Subsection D? Planner Avery responded he would not have a problem with an affidavit being required under Subsection D; however, he was not uncomfortable with a written statement because the vendors could be contacted to verify the information submitted. Chairman Greer expressed appreciation to the various groups for the time given to prepare the recommendations. He stated, unfortunately, he could not support the revisions because of the following concerns: Section 69.17- Subsections A and B: These sections reference the setback beginning one foot from the residential dwelling instead of from the residential zoning. He recommended changing the verbiage to residential zoning. Section 69.17 - SubsectionE: This section states that all towers shall be constructed to accommodate collocation. While attending the Annual Conference of the National Association of Counties in July, a Workshop was held on communications towers. The County Commissioners were warned about adopting regulations that require collocation because massive towers had to be constructed which were visually offensive to surrounding property owners. Section 69.17 - Subsection G: Under the proposed text change, if a company disposes of a tower, a collocation tower can be constructed on the same site if the 15% height restriction is met. This means a small tower could be removed and replaced with a massive collocation tower within the 15% height requirement, which could be totally unacceptable to surrounding properties. The change as written does not allow the Board of County Commissioners to have any control over this type of situation. Commissioner Howell agreed with Chairman Greer and stated more flexibility is needed in these sections of the proposed text changes as well as more regulations governing aesthetics. Staff Planner Avery responded the special use process does provide flexibility to the Board in determining whether a tower is appropriate on a particular site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 51 A lengthy discussion ensued on setbacks and the need for the Board of County Commissioners to have more flexibility in controlling the location of communications towers. Planning Director, Dexter Hayes, reported the proposed text changes would add additional standards to the special use process already in place. If the Board finds during a special use hearing that the location, site, or tower design is not in harmony with the area in which it is to be located, the Special Use Permit can be denied. All tower requests not permitted by right in the I-I and 1-2 Districts must go through the special use process which provides an opportunity for the Board to place specific conditions on the proposed use or deny the request if the four general requirements are not met. Chairman Greer asked if anyone from the public would like to comment. Mr. Joe Taylor, a local attorney representing BellSouth, reported the text changes recommended are minimum standards that establish the criteria for submission oft ower requests. The Board of County Commissioners will continue to have the ability to deny or grant a Special Use Permit for allowing a tower to be located on a particular site. A great deal of time was spent in the Ad Hoc Committee meetings debating setbacks among industry representatives and neighborhood groups. As the industry moves into marginal areas of the county, there are small commercial sites surrounded by residential areas. Under the current ordinance, a request for a tower location on a marginal commercial area cannot be submitted. BellSouth is committed to collocation whenever possible without constructing a tower. After discussion of marginal areas, it was felt that towers should be kept in commercial areas and out of residential neighborhoods. The setbacks recommended will allow the tower to be placed behind a two-story building on a marginal commercial site with buffering between the residential and commercial property. When a request of this type is presented to the Board, the petitioner must justify the need for the tower, the design must be approved, and evidence must be presented to show that collocation is not possible; however, a plan can be presented to allow the tower to be placed on a small commercial site behind a building that will visually protect surrounding neighborhoods. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt an ordinance amending Section 69.17 as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 3. PUBLIC HEARING TO CONSIDER A REQUEST BY RAIFORD TRASK, JR. TO REZONE 43.72 ACRES ON THE SOUTH SIDE OF NORTH KERR AVENUE, APPROXIMA TEL Y 500 FEET EAST OF TRUESDALE ROAD, TO AI AIRPORT INDUSTRIAL FROM AR AIRPORT RESIDENTIAL (Z-592, 2/97) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported this item was on the agenda in March and continued again in April because the applicant was experiencing difficulty in determining the exact boundary of the properties. In June, the Planning Board voted unanimously to recommend approval of the application as submitted. The Planning Board felt the request would be consistent with the Land Use Plan and compatible with the land development pattern of the area. One adjoining property owner was present and expressed concern for increasing traffic problems along North Kerr Avenue with development of the tract. Chairman Greer inquired as to whether anyone from the public would like to comment? No comments were received. Chairman Greer closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 52 Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to approve rezoning 43.72 acres ofland on the south side of North Kerr, 600 feet west of Truesdale Road, from Airport Residential to Airport Industrial as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA AIRPORT OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 4, 1976 is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section Airport, Page 13. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE EAST SIDE OF SYCAMORE AVENUE, APPROXIMA TEL Y 800 FEET NORTH OF LYNN AVENUE (S-410, 8/97) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, any persons wishing to speak must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Mary Blanchard Planning Director, Dexter Hayes, reported the applicant Mary Blanchard, had requested location ofa mobile home on Sycamore Avenue in Castle Hayne, N. C. He presented the following preliminary staff findings: General Requirement # 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 based upon the following findings: 1. A private well and septic tank will be utilized to meet water and sewer needs. 2. The site is located in the Castle Hayne Volunteer Fire Department District. 3. The site has access to Sycamore Avenue. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: 1. Mobile homes are permitted by Special Use Permit on property zoned RA Rural Agriculture. The site is zoned RA. 2. The site exceeds the minimum lot area required by the underlying zoning district. 3. All required minimum setbacks can be met. General Requirement #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 based upon the following findings: 1. Land uses on adjacent properties include other mobile homes, single-family dwellings, and farming operations. General Requirement #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 based upon the following findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 53 1. There are a variety of residential uses in the general area, including mobile homes on individual lots of record. Chairman Greer asked if the petitioner would like to comment. Ms. Mary Blanchard, the petitioner, requested approval of a Special Use Permit to place a single-wide mobile home behind her daughter's residence so she could receive care during her retirement years. Chairman Greer asked Ms. Blanchard if she concurred with the staff findings as presented by the Planning Director? Ms. Blanchard agreed with the staff findings as presented. Commissioner Davis asked Ms. Blanchard if any adjoining property owners were m opposition to the request. Ms. Blanchard responded there was no opposition from anyone in the neighborhood. Chairman Greer asked if anyone from the public would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to grant the Special Use Permit to Mary Blanchard to locate a mobile home on Sycamore Avenue based upon the evidence presented concluding 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; the use meets all required conditions and specifications ofthe Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 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 UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 20. PUBLIC HEARING TO CONSIDER A REQUEST BY GSF&J PROPERTIES TO REZONE 1.48 ACRES ON THE WEST SIDE OF SMITH CREEK PARKWAY, APPROXIMA TEL Y 330 FEET NORTHWEST OF MARKET STREET, TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-605, 7/97) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the original application was modified at the Planning Board meeting to include the Peter Davis tract, which is located to the north on adjacent property. The Planning Board voted to recommend approval of the petition as amended feeling the prope:ty's proximity to existing commercial and industrial uses made it an ideal candidate for rezonmg. Chairman Greer inquired as to whether anyone from the public would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve rezoning 1.48 acres on the west side of Smith Creek Parkway, 330 feet northwest of Market NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 54 Street, from R-15 Residential to B-2 Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 9A OF NEW HANOVER COUNTY, NORTH CAROLINA, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9-A, Page 43. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ALLOW AUTUMN CORPORATION TO CONSTRUCT A 110-BED HEALTH CARE FACILITY AT 5725 CAROLINA BEACH ROAD (S-409, 7/97) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, any persons wishing to comment must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Douglas C. Suddeth David Polston Planning Director, Dexter Hayes, reported the property was currently zoned R-15 Residential and stated the Planning Board voted unanimously to recommend approval of the proposed facility contingent upon the following conditions: (1) Limit the site identification sign to a ground-variety type not to exceed 50 square feet and 6 feet in height. (2) Establish a deceleration lane subject to NCDOT approval and design limitations. (3) Use directional lighting for exterior needs to limit impacts on adjacent residential uses. Planning Director Hayes reported since the Planning Board meeting, the petitioner has provided a new access for better traffic movement on Highway 421. The following preliminary staff findings were presented: General Requirement # 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 based upon the following findings: 1. Sewer will be provided by the County. Water will be provided by Cape Fear Utilities. 2. The property is located within the Myrtle Grove Volunteer Fire Department District. 3. The site has direct access to Carolina Beach Road. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: 1. Nursing and personal care facilities are permitted by Special Use Permit in the R-15 Residential District. The property is zoned R-15. 2. The site must contain at least two acres. The facility will be located on approximately six acres with the total tract encompassing 13.16 acres. 3. A site plan pursuant to the Zoning Ordinance has been submitted. All minimum setbacks can easily be met. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 55 4. A 25 foot landscaped buffer will be provided on the side yards of the site. A 10 foot landscaped buffer will be provided along the road frontage. General Requirement #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 based upon the following findings: 1. The State has issued the applicant a Certificate of Need, indicating that additional health care services of this nature are needed in the County. 2. The site is located between two existing commercial districts. The B-1 District to the north includes a plumbing supply and contracting business. It also includes a discount building supply business. The B-2 District to the south includes the Tot-em-in Zoo and miscellaneous retail and commercial services. General Requirement #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 based upon the following findings: 1. Land development in the general area is a hodgepodge of commercial and residential uses. The primary residential areas include Equestrian Estates across US Highway 421 from the site and a small enclave of housing along Rosa Parks Lane to the north. Non-residential uses include retail, storage, entertainment, commercial services and related uses. Commissioner Birzenieks asked if the Certificate of Need had been obtained? Mr. Douglas C. Suddreth, Director of Corporate Development for the Autumn Corporation, stated the Certificate of Need had been received. He reported the company was located in Rocky Mount, North Carolina, and operates and owns 19 nursing facilities with the closest facility in Shallotte, N. C. The company has an excellent record with no license revoked since 1979. Every key person in the organization is a former Nursing Home Administrator. The building will be one story at a cost of $3.5 million. The preliminary plans will be submitted to the N. C. Department of Resources, and the environmental impact study has been completed. Mr. Suddreth spoke on the importance of everyone realizing that a nursing facility should be a home to its residents. Many residents live five to ten years in a facility; therefore, the design is oriented in a manner to allow the residents to bring furniture and personal belongings from home. The location of a nursing facility is important, and when reviewing the area, it was noted that a home was not located in the southern end of New Hanover County. In closing Mr. Suddreth requested the Board to the approve the Special Use Permit for placement of the facility on the proposed site. A lengthy discussion followed on the number of nursing hours per patient per day and the manner in which aides were certified. Mr. Suddreth advised that patients receive 3.5 nursing hours per patient day, which is above the minimum State standard of 2.2 hours per day. Out of the 3.5 nursing hours per patient, 1.2 to 1.3 hours oflicensed professional nursing services are provided. All aides are certified and the company provides its own in-house training program to certify aides. Also, there is an in-house geriatric specialist program which allows certified nursing assistants to move up to another professional level. Chairman Greer asked the County Attorney ifthe Board could place a condition in the Special Use Permit to require a specified number of employees for the number of patients in the nursing facility to ensure the patients receive adequate care? County Attorney Copley responded any condition placed in a Special Use Permit must pertain to the zoning issues involved in the case; therefore, the employee/patient ratio would be NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 BOOK 26 PAGE 56 irrelevant. She advised the regulations governing nursing facilities were outlined in the State Statutes and enforced through the State Department of Aging. Chairman Greer asked Mr. Suddreth ifhe concurred with the conditions recommended by the Planning Board and staff findings presented by the Planning Director? Mr. Suddreth agreed with the conditions and staff findings as presented by the Director of Planning. He advised discussion has been held with the Department of Transportation and reported a deceleration lane would be constructed. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to grant the Special Use Permit contingent upon the conditions recommended by the Planning Board and based upon the evidence presented concluding that the use will not materially endanger the public health or safety iflocated where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 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 UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 20. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of Buy and Sell Agreement for Purchase of Property Near the Cape Fear Museum County Manager O'Neal presented a Buy and Sell Agreement for the purchase of property located at 13 South Eighth Street to be used in the future by the Cape Fear Museum. The tax value of the property is $84,746, and an offer has been received for the County to purchase the property at cost of $82,000 contingent upon a clean environmental statement. Discussion followed on how the County would pay for the property. County Manager 0 'Neal responded the funding would be removed from contingencies leaving a balance of $200,000. Further discussion was held on the condition of the house located on the site, the small size of the lot, and the use of the property. Commissioner Davis expressed concern for the narrow size of the site and asked how the property could be used if the County could not purchase other lots on the block? Vice-Chairman Caster expressed concern for not being informed about plans to expand the Museum and asked if$82,000 was too much to pay for a narrow lot, particularly when the house on the site would have to be removed. Deputy County Manager, Andrew 1. Atkinson, explained the Museum Board of Trustees had become involved with long-range planning and felt that purchasing a lot in the block would provide for future expansion of the Museum. At the current time, there are no plans to expand the Museum; however, if this lot was purchased and no other lots could be purchased in the block, the site would be used for additional parking spaces. He advised the house could be renovated, and stated the Tax Department felt the property was worth $84,740; therefore, the price presented was reasonable. Motion: After further discussion, Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to table this issue until August 18, 1997, to allow time for negotiating the price and allow Commissioner Howell to visit the site. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 4, 1997 ADDITIONAL ITEMS - COUNTY COMMISSIONERS BOOK 26 PAGE 57 Discussion of Purchasing Sound Level Meters for the Sheriff's Department Chairman Greer expressed concern for the Sheriff's Department being responsible for enforcement ofthe Noise Ordinance without having the necessary equipment to measure noise levels. He requested the County Manager to check into this matter. County Manager 0 'Neal advised he would discuss this matter with the Sheriff and report back to the Board. ADJOURNMENT Chairman Greer adjourned the meeting at 9:15 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board