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2008-07-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 7, 2008 PAGE 409 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 7, 2008, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Mike Ingram, Trinity United Methodist Church, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. 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 items on the Consent Agenda. Motion : Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes ? Governing Body The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on June 12, 2008 Regular Session meeting held on June 16, 2008 Adoption of State Road Resolution ? Governing Body The Commissioners adopted North Carolina Department of Transportation State Road Resolution supporting the addition of Foxwood Lane, Chalice Lane, Lone Eagle Court, North Warren Dale Court, South Warren Dale Court and Skeet Road in the Carmel at Vineyard Green Subdivision in New Hanover County (Division File No. 1126-N) to the state road system. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 14.1. Adoption of Resolution Approving the Spin-Off of Time Warner Cable from Time Warner Inc. ? Legal Department The Commissioners adopted the resolution approving the spin-off of Time Warner Cable from Time Warner Inc. The spin-off, which should occur by the end of 2008, will not affect the franchise management by Time Warner Cable. The spin-off will not result in the assignment or transfer of any of the Franchisee's assets, including the franchise. Ultimate control of Time Warner Cable will rest with the same public shareholders both immediately before and after the completion of the spin-off. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 14.2. Approval of Alternative Recommendation for Juvenile Crime Prevention Council Funding ? Juvenile Crime Prevention Council The Commissioners approved the following alternate recommendation for funding in the total amount of $443,625 for the Juvenile Crime Prevention Council for FY 08-09: Psychological Services - $226,905 Juvenile Day Treatment Center - $168,570 Teen Court - $40,150 Administration - $8,000 L.I.T.E. - $0 Project - $0 Approval of New Hanover County Board of Education Budget Amendment #9 ? Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved budget amendment #9. Budget amendment #9 returns funds from the Northern Site Middle School project back to Bond Contingency reversing a budget amendment the Board of Education approved on March 3, 2008. After bids were received for the site improvement project, the $1 million transferred from Contingency was not needed. Adoption of Budget Ordinance Amendment ? Budget Department The Commissioners adopted the following Budget Ordinance Amendment: 2009-01 - Finance NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 7, 2008 PAGE 410 A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 14.3. REGULAR ITEMS OF BUSINESS NEW HANOVER COUNTY COMMUNITY ACTION PRESENTATION Cynthia J. Brown, Executive Director of New Hanover County Community Action presented an overview of the agency reporting that it has been in existence for forty years. It is a private, non-profit human service agency based in Wilmington with the motto ?Helping Children and Families Grow Together.? The agency administers eight programs and services which help citizens move out of poverty. The target populations include families that meet federal poverty guidelines; at-risk teens ages 14-19; preschool children ages 3-4; the elderly; and low-income women at risk of cardiovascular disease. The largest program that is federally funded is the pre-school program Head Start. Community Action boards must reserve 1/3 of its seats for local public elected officials or their designees. New Hanover County Community Action is seeking support from the New Hanover County Commissioners to fill two vacancies on its Board of Directors. PUBLIC HEARING AND AUTHORIZATION FOR THE SHERIFF?S OFFICE TO SUBMIT A JOINT APPLICATION WITH THE CITY OF WILMINGTON TO THE EDWARD BYRNE MEMORIAL 2008 JUSTICE ASSISTANCE GRANT PROGRAM WITH THE U.S. DEPARTMENT OF JUSTICE Chairman Greer opened the Public Hearing and requested Sheriff Causey to make the staff presentation. Sheriff Causey reported that staff is requesting approval to submit a joint application with the City of Wilmington to the Edward Byrne Memorial 2008 Justice Assistance Grant Program with the U.S. Department of Justice. New Hanover County and the City of Wilmington are certified as disparate agencies, therefore, Justice Assistance Grant funding in the amount of $44,783 is available to be shared. Submittal of a joint Justice Assistance Grant application is required. If awarded, the Sheriff's Office portion in the amount of $19,705 would be used to purchase laptop computers and related operating accessories for use in patrol vehicles. A Memorandum of Understanding between New Hanover County and the City of Wilmington is required as part of the Justice Assistance Grant process. Staff requests the Board hold the Public Hearing and authorize the Sheriff's Office to submit a joint 2008 Justice Assistance Grant application with the City of Wilmington and authorize the County Manager to execute the required County/City Memorandum of Understanding. Chairman Greer asked is anyone was present to speak on the request. Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster to authorize the Sheriff's Office to submit a joint 2008 Justice Assistance Grant application with the City of Wilmington and authorize the County Manager to execute the required County/City Memorandum of Understanding. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the grant application is on file in the Sheriff?s Office. WITHDRAWAL OF AGENDA ITEM Chairman Greer reported that Regular Agenda Item 14 ? CONSIDERATION OF SOUTHEASTERN CENTER REQUEST: RETURN OF FUNDS has been removed from the agenda. PUBLIC HEARING AND DENIAL OF REQUEST BY SHANKLIN AND NICHOLS, ON BEHALF OF CAROLINA MARINA AND YACHT CLUB, FOR A SPECIAL USE PERMIT TO LOCATE A COMMERCIAL MARINA WITH DRY STACK STORAGE FOR 200 BOATS LOCATED AT 1512 BURNETT ROAD IN AN R-15 RESIDENTIAL ZONING DISTRICT (S-582/06/08) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O?Keefe Fred Altman Suesan Swinson Donald Ward Jane Daughtridge Pat Wall Horace Taylor Marilyn Scarmeas Ken Shanklin Kim Altman Kady DeVaun Kathleen Eagle Matt Nichols Bill Raney Diane Ward Bruce LaSure Tim Ward Sally Harper Blair White Judi Niemann Dixie Ward Ted Bessette Bill Walker Jessie Costa Michael Bradley Rynal Stephenson David Ward Jimmy Fentress Jim Geiger Gene Merritt Laura Stasavich Tony Lamb Senior Planner Jane Daughtridge reported that Shanklin and Nichols, on behalf of Carolina Marina and Yacht Club, is requesting a Special Use Permit to locate a commercial marina with dry stack storage for 200 boats NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 7, 2008 PAGE 411 located at 1512 Burnett Road in a R-15 Residential Zoning District and presented a slide overview of the request. Planning Director Chris O?Keefe reported that this permit application relates to property which has an existing Special Use Permit (S-13) for a commercial marina, originally approved in 1971. Over time, the details of the proposal have been modified by a series of administrative approvals. The current valid permit includes two piers, a boat ramp, and a three-story clubhouse, surface parking for forty-one boats and associated parking for the combined uses. The proposed request was deemed by staff to be a major change from the existing approved plan and is therefore coming before the Board as a new permit application. There has been a series of requested changes to this marina project. Since 2002 there have been at least three requests for dry stack storage, all of which have been withdrawn from consideration prior to final resolution by the county commissioners. Although staff has recently been reviewing proposed changes in relation to the existing S-13 permit, we are reminded that there is no provision for ?major modification? of a special use permit, therefore, these preliminary findings do not, for the most part, speak to changes between S-13 and proposed S-582, but simply enumerate the characteristics of S-582 as a new application in relation to the current ordinance and land use plan. Planning Director O?Keefe read the findings of facts into the record. Staff recommends the following: ? If approved, the order should clearly specify all conditions and should state that this permit supersedes and vacates all prior plans and conditions. The new order and site plan for S-582 would then become the only valid county authorization associated with this address. Since the history of the marina project at this location has been contentious and speculatively debated through the years, staff feels that clearly establishing the details of approval would be an important step to resolve matters and create predictability for all parties. ? Staff suggests adding a specific condition to require noise dampening devices for forklifts utilized for this project in order to help mitigate conflicts of neighborhood harmony. ? Staff suggests in order to mitigate character conflicts with commercial use in close proximity to an existing residential neighborhood, adding a specific condition that no full service restaurant operation may be included in the project, but a snack bar operation could be allowed as a membership amenity for the yacht club members and transient boaters. ? In order to clarify for posterity the intended limitations on ancillary uses, staff suggests adding a specific condition stating that the clubhouse is restricted to activities and events directly associated with the normal functioning of the yacht club and marina. The Planning Board, at its June 5, 2008 meeting, voted 4-0 to recommend denial of the permit. The Planning Board members noted the efforts of the applicant to try and satisfy many of the concerns that have been listed over time but felt that there was essentially no way to adequately mitigate the public safety concerns associated with dropping boats off a pier into the channel at this location given the dynamics and proximity of Carolina Beach Inlet, and they felt that the size of the proposed dry storage operation was too large and not in harmony with the surrounding neighborhood. In response to Commissioner Kopp?s concern that the staff findings (1C) state that Aqua, NC cannot provide adequate water pressure for fire suppression and that alternative methods will be required, Planning Director O?Keefe reported that the Petitioner has not presented an alternative method but will be required to do so before they build the structure. In response to Board questions, Planning Director O?Keefe clarified that the dry stack facility at Inlet Watch was built in conjunction with the residential development and not after the residential development was completed. He also reported that a traffic study was not requested. In response to Board questions, Planning Director O?Keefe clarified that in staff findings (1M) the forty- one boat parking spaces are approved in the current plan and were not part of the original plan that was approved. The parking spaces are for trailers on dry land. In staff findings (2M) the sixty-six automobile parking spaces exceed the requirement of one parking space to every four dry stack slips. He reported that he did not know if the boat ramp would be available for public use. Chairman Greer asked if the Petitioner would like to speak on the request. Matt Nichols, attorney with Shanklin and Nichols, on behalf of Tim Ward, reported that the plan submitted meets all four of the special use permit criteria and presented a slide overview of the property. The current request is an amendment to an existing marina permit that was approved unanimously in 1971. The approved site plan meets COD setbacks, the boat ramp and wet-slips have been eliminated, as well as fuel sales and the sale of alcohol. No on-site repair work will be allowed. The proposed plan will reduce traffic in type and volume. Landscaping has been increased along with additional aesthetic improvements. Tim Ward, the petitioner, recognized those in the audience that are in support of the project and referenced a set of petitions containing 135 signatures. He stated that the proposed building is an advantageous feature over open rack facilities that could be used under the current permit. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 7, 2008 PAGE 412 Donald Ward, resident of 1507 Burnett Road, stated that he lives directly across from the proposed project and is in favor of the current request. The facility will be a benefit to the citizens and residents of New Hanover County. Kathleen Eagle, resident of 953 Radnor Road, spoke in favor of the request stating that she believes it will increase property values. Jessie Costa, resident of 1326 Burnett Road, spoke in favor of the request and believes that the proposed changes will be in harmony with the neighborhood and increase property values. Bill Walker, resident of Dolphin Bay subdivision, spoke in favor of the request stating the need for increased water access and the convenience factor. The development will provide economic stimulus, increase property values and improve safety concerns by not having to haul boats on roadways. Tim Ward stated that he has affidavits from the marine community and introduced Mike Bradley with the North Carolina Boating Industry Services, Small Business & Technology Development Center. Michael Bradley, North Carolina Boating Industry Services, spoke in favor of the request stating that the proposed project will free up water space, reduce hauling boats on roadways and allow boat storage in the local area. Chairman Greer asked if the opposition would like to speak on the request. Bill Raney, attorney with Wessell & Raney, on behalf of David and Violet Ward, entered into the record a Summary of Argument in Opposition and a signed affidavit by David Ward. He stated that the proposed project does not meet any of the four standards that are required for a special use permit. He highlighted safety issues and harmony with the neighborhood concerns. This is a new permit request and the application should be considered if the request is in harmony with the current neighborhood. David Ward, resident of 1508 Burnett Road, stated that he has checked with other area marinas and they have verified that they have space available. He recognized the property owners in the audience that are opposed to the proposed request. He requested that the Board not approve the request to build a structure the size of a football field and forty feet tall within fifteen feet of their lots because it will not be in harmony with the surrounding area. He stated that there are safety issues with the two docks proposed in an area with no wake control. Tony Lamb, Real Estate Appraiser since 1989, stated that it is his opinion the proposed project will injure the property values of the adjoining property and make the property more difficult to sell. He speculated that Inlet Watch would have larger, more expensive homes and greater appreciation if the dry stack marina was not located there. Sally Harper, resident of 605 Bradley Creek Point, spoke on the negative effects a marina had on her previous neighborhood on Bradley Creek stating that she was forced to sell her home for considerably less because of the dry stack business located next door. She stated that it was not right to let it happen to any more families in New Hanover County. Pat Wall, resident of 1504 Burnett Road, spoke on rebuilding her home after Hurricane Fran in 1996. She requested the Board deny the request because it is not in harmony with their neighborhood stating that it will destroy their neighborhood. Kim Altman, resident of 7323 Walter Avenue, stated that she and other family members own property surrounding the proposed project and requested the Board not approve the request. Chairman Greer asked the Petitioner for rebuttal comments. Gene Merritt, Commercial Real Estate Appraiser, reported that he conducted research in residential areas surrounding marina facilities within the county. He stated that his research consisted of sampling sales histories of adjacent properties finding no homes had decreased in sales price since their original construction and all properties researched have enjoyed significant appreciation since their original construction. He stated that he found there is no evidence to indicate that dry stack facilities negatively affect the market value of homes around them. He entered into the record his written affidavit. Rynal Stephenson, Traffic Engineer with Ramey Kemp and Associates, Inc, reported he conducted a traffic impact analysis and found that under the current special use permit a public boat ramp and clubhouse could be built which would generate more trips than the proposed project. He entered into the record his written affidavit. Ted Bessette, architect with Roof and Rack, reported that he designed the marina building and that it was designed to blend with the character of the surrounding community. Mr. Bessette submitted pictures of a dry stack facility he previously designed similar to the current project. Chairman Greer asked the opposition for rebuttal comments. David Ward reported that dry stack storage is not allowed anywhere along the North Carolina coast in residential neighborhoods. He stated that dry stack marinas are not in harmony with residential neighborhoods. In NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 7, 2008 PAGE 413 the Inlet Watch subdivision, the dry stack storage facility was there before the neighborhood was developed. The proposed project places the parking lot right next to his house within thirty feet. There is no way to mitigate the noise from trash collection trucks and delivery trucks. He requested the Board deny the request. Attorney Raney cautioned the Board that if they find in favor of the request they will be recognizing that dry stack storage marinas are in harmony with residential neighborhoods and this may not be the last request for them to consider. He requested the Board take into consideration that the opposition are all owners and residents of the neighborhood. He stated that the request is not in harmony with the surrounding neighborhood and requested the Board deny the request. Hearing no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Commissioner Kopp reiterated his concern that the Petitioner did not address the water pressure for fire suppression issue. Vice-Chairman Caster stated his concerns with the safety issue of launching boats across from Carolina Beach Inlet and that the project is not in harmony with the surrounding neighborhood. This is a new request and needs to be considered based on the current neighborhood. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to deny the Special Use Permit to Shanklin and Nichols, on behalf of Carolina Marina and Yacht Club, to locate a commercial marina with dry stack storage for 200 boats located at 1512 Burnett Road in a R-15 Residential Zoning District based on the evidence presented and the findings of fact concluding that the location and character of the use, if developed according to the plan as submitted and approved, will not 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 order denying the Special Use Permit and listing the findings of fact is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 20.1. BREAK Chairman Greer called for a break at 7:32 p.m. until 7:47 p.m. PUBLIC HEARING AND APPROVAL OF REQUEST BY LS3P ASSOCIATES, ON BEHALF OF NEW HANOVER COUNTY SCHOOLS TO REZONE APPROXIMATELY 1.07 ACRES OF PROPERTY LOCATED AT 4404 AND 4348 HOLLY SHELTER ROAD FROM I-2 INDUSTRIAL DISTRICT TO R-15 RESIDENTIAL DISTRICT (Z-884, 6/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that LS3P Associates, on behalf of New Hanover County Schools, is requesting to rezone approximately 1.07 acres at 4404 and 4348 Holly Shelter Road from I-2 Industrial District to R-15 Residential District and presented a slide overview of the property. The subject property is located in the northern portion of the county in an area classified as Community on the 2006 CAMA Land Classification map. In April of 2006, a major rezoning occurred in this area (Z-857). A portion of that property has been purchased by the New Hanover County School system for new elementary and middle schools. Prior to that rezoning, the entire area south of the first tier of lots along Holly Shelter Road was zoned I-2. In the process of rezoning, four separate parcels and a portion of Shoulder Branch Baptist Church property were left as remnant I-2 zoning while the area around those parcels transitioned to R-15. The school system is now purchasing some of that remnant property for the school project. The property is not influenced by flood hazard. The site is a primary or secondary recharge area for the principal aquifers. The school project will be served by public water and sewer. Planning Director Chris O?Keefe reported that this rezoning petition proposes to unify the school site under one single R-15 zoning district in order to maximize the site potential for school uses. This action would also be consistent with the existing zoning adjacent to Holly Shelter Road. The purpose of the Community class is to provide for a village type of development to help meet housing, shopping, employment and public service needs within the more rural areas of the County. Services may be provided to these areas. These formerly rural areas of the planning jurisdiction are typically characterized by a small grouping of mixed land uses, such as community shopping, strip commercial, churches, schools and residences, which provide low intensity retail service and housing opportunities. The subject properties are small, isolated remnants of the prior I-2 zoning and are no longer suitable for industrial development. Industrial uses are generally not considered complementary to residential uses. Staff recommends approval and further suggests that all of the remnant I-2 properties be rezoned from I-2 to R-15 at this time. Owners of the additional three parcels have been notified a second time that this recommendation is moving forward. Owners have been encouraged to write letters or attend the meeting if they wish to object to the rezoning. To date, none of the property owners of the additional three parcels have contacted staff to object to the rezoning. Addition of the remaining 3 parcels would bring the total rezoning to approximately 4.4 acres. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 7, 2008 PAGE 414 The Planning Board, at its June 5, 2008 meeting, voted 4-0 to recommend approval of the rezoning as submitted and supported staff?s recommendation to rezone the remaining three remnant I-2 parcels subject to additional staff efforts to contact the owners of the remnant parcels by certified mail. Chairman Greer asked if the Petitioner would like to speak in favor of the request. Chris Boney, LS3P Associates representing New Hanover County Schools, stated that he was available to receive questions from the Board. Chairman Greer asked if anyone would like to speak in opposition to the request. Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board. In discussion of the rezoning of the three remnant I-2 parcels, Chairman Greer stated that the correspondence sent by certified mail to the property owners states that ?no response will be taken as an indication of your agreement with the proposed change.? Since none of the property owners have responded, or are present at the meeting, it is an indication that they are in agreement to the rezoning request. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve the request by LS3P Associates, on behalf of New Hanover County Schools, to rezone approximately 1.07 acres at 4404 (partial) and 4348 Holly Shelter Road from I-2 to R-15 including the three remnant I-2 bringing the total rezoning to approximately 4.4 acres. Commissioner Pritchett and Commissioner Kopp voiced concern that staff did not hear from all the property owners concerning the request to include their properties in the rezoning and offered a substitute motion. Substitute Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to approve the request by LS3P Associates, on behalf of New Hanover County Schools, to rezone approximately 1.07 acres at 4404 (partial) and 4348 Holly Shelter Road from I-2 to R-15 finding that the request is: 1) consistent with the purposes and intent of the Community land classification and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to make the R-15 zoning district consistent and to eliminate the possibility of heavy industrial uses in this area associated with a new Elementary and Middle School project in the northern portion of the county. Upon vote, the MOTION CARRIED 3 TO 2. Chairman Greer and Vice-Chairman Caster voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8A, Page 36. PUBLIC HEARING AND APPROVAL OF REQUEST BY ELLIOTT PLACE HOMEOWNERS ASSOCIATION FOR A SPECIAL USE PERMIT TO LOCATE A TEN SLIP COMMUNITY BOATING FACILITY LOCATED AT 6510 RIVER VISTA DRIVE IN A R-15 RESIDENTIAL ZONING DISTRICT (S-581/06/08) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O?Keefe Jane Daughtridge Bryan Ball Senior Planner Jane Daughtridge reported that Elliott Place Homeowners Association is requesting a Special Use Permit to locate a ten slip community boating facility in the common area in the R-15 Residential zoning district off River Road at 6510 River Vista Drive and presented a slide overview of the request. A dock with boat slips is already in place. The original developer received a CAMA permit for two slips that did not require a special use permit. The development later added eight more slips. The need for a special use permit was not caught and the CAMA permit was issued. It recently came to light that local permits had not been acquired. The Homeowners Association is currently sorting through several code violations relating to additions of improvements without permits. A special use permit would remedy the initial deficiency. Planning Director Chris O?Keefe read the findings of facts into the record. At the Planning Board?s June 5, 2008 meeting they voted 4-0 to recommend approval of the special use permit with the following conditions: 1. No overhead lighting allowed on the docks. 2. All outstanding violations must be remedied within six months of approval or the permit will be revoked. Chairman Greer asked if the Petitioner would like to speak on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 7, 2008 PAGE 415 The Petitioner, Bryan Ball, President of Elliott Place Homeowners Association, stated that they are trying to remedy the permit violations and that they are in agreement with the two conditions. Chairman Greer stated that no one has asked to speak in opposition to the request. 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 grant the Special Use Permit to Elliott Place Homeowners Association to locate a ten slip community boating facility on the common area in the R- 15 Residential zoning district located at 6510 River Vista Drive based on the evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County and with the following conditions: 1) No overhead lighting allowed on the docks; and 2) All outstanding violations must be remedied within six months of approval or the permit will be revoked. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order granting the Special Use Permit and listing the findings of fact is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 20.2. PUBLIC HEARING AND APPROVAL OF REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF CROWATAN PARTNERS, LLC TO REZONE APPROXIMATELY 84.89 ACRES OF PROPERTY LOCATED OFF CROWATAN ROAD FROM R-20 RESIDENTIAL DISTRICT TO I-1 INDUSTRIAL DISTRICT (Z-886, 6/08) 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 Crowatan Partners, is requesting to rezone approximately 84.89 acres of property located off Crowatan Road from R-20 Residential District to I-1 and presented a slide overview of the property. The subject property is located in the northern portion of the county in an area classified as Aquifer Resource Protection on the 2006 CAMA Land Classification map. The property is north of I-140 and is a landlocked parcel with no road frontage. The property currently has split zoning with the northern portion of the parcel already zoned I-1 Industrial and the southern portion zoned R-20 low density residential. The subject portion of the property is bounded to the south by I-140. To the west, property is zoned R-20 and to the east, across the rail line, is zoned I- 2 heavy industrial. All surrounding land is currently vacant. The subject property is located within the Prince Georges Creek watershed drainage area, which is classified as C; Sw. The property is not influenced by flood hazard. The site is a primary or secondary recharge area for the principal aquifers. The area is not served by public water or sewer. Planning Director Chris O?Keefe reported that this rezoning petition proposes to transition low density residential property to a light industrial zoning classification. I-1 also allows for many of the commercial uses allowed in B-2 Highway Business, but the remote location of the property makes it less attractive for commercial purposes. The parcel is landlocked, having no right-of-way dedications connecting it to either Crowatan Road or Chesterfield Road. However, there is evidence of accesses from both of those streets into the subject property, and the parcel just north of the subject parcel is owned by the same owner. Both Crowatan Road and Chesterfield Road connect to Hermitage Road, a local road which connects to Castle Hayne Road in front of General Electric. The full parcel size is approximately 118 acres but the portion to be rezoned is about 85 acres. The Planning Board at its June 5, 2008 meeting voted 4-0 to recommend approval of the rezoning. Chairman Greer asked if anyone would like to speak in favor of the request. Cindee Wolf with Withers and Ravenel, on behalf of Crowatan Partners LLC, presented an overview of the property reiterating that the owners of this parcel also own the parcel to the north so the property will not be landlocked and there is potential access to both Crowatan Road and Chesterfield Road. The current rezoning of R- 20 is wrong for this area and the rezoning of the property for an industrial development would be a more appropriate transition along I-140. Chairman Greer asked if anyone would like to speak in opposition to the request. Robert Parr, resident, referencing the 2006 CAMA Land Use Plan update voiced his concern on changing the zoning from low density R-20 Residential District to a high density use such as I-1 Light Industrial District. He requested the Board deny the request and protect the aquifer for future generations and because the rezoning request is not in harmony with the surrounding area. In offering rebuttal comments, Ms. Wolf stated that the current R-20 zoning is not in harmony with protecting the aquifer due to the potential use of septic systems and wells. The property is not landlocked and has NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 7, 2008 PAGE 416 access to the highway and rail making it appropriate for low density industrial development. The storm water permitting process will protect the environment and address those concerns. She requested the Board approve the rezoning request stating that this property is not an ideal location for residential development. In offering rebuttal comments, Mr. Parr requested the Board deny the request to protect the aquifer and ground waters, now and in the future. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. In response to Board questions, Planning Director O?Keefe confirmed that staff has taken the issue of ground water into consideration when staff recommended approval. There is no specific site plan submitted with the proposed rezoning. The permitting process is in place at the state and federal level. After brief discussion, the Board directed staff and the Planning Board to review ground water concerns and issues. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve the request by Withers and Ravenel, on behalf of Crowatan Partners, to rezone approximately 84.89 acres of property located off Crowatan Road from R-20 Residential District to I-1 Light Industrial District finding that the request is: 1) consistent with the purposes and intent of the Resource Protection land classification and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to make the I-1 district consistent in this area adjacent to existing I-1 Industrial zoning and with access to rail service in the northern portion of the county. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Pritchett voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1, 1974, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 10A, Page 30. ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF POINT HARBOR ROAD AS REQUESTED BY LS3P (SC-86, 06/08) Principal Development Planner Sam Burgess reported that LS3P has petitioned the County to close a portion of Point Harbor Road (SR 2142) and presented a slide overview of the property. The improved road is approximately 670 feet in length with a right-of-way width that varies from approximately 130 feet to approximately 50 feet. The road is located near the Holmes Bridge and also is adjacent and parallels U.S. Highway 421 North. In accordance with NCGS 153-A-241, a Resolution of Intent to close a road or easement must be adopted by the Board of County Commissioners prior to scheduling a public hearing. The improved road right-of-way of Point Harbor Road is adjacent to a newly rezoned River Front Mixed Use project called Point Harbor Marina which was approved by the Board in March 2008. The segment of the road that spurs off the main portion of Point Harbor Road is an old remnant of U.S. Highway 421. According to the petitioner, the dead end section of the road needs to be closed to accommodate the new Point Harbor Marina project. If the Resolution of Intent to close/abandon a portion of Point Harbor Road is adopted by the Board of County Commissioners, a public hearing on the matter will be scheduled for August 4, 2008. At the public hearing, information will be provided from County Engineering, the Cape Fear Public Utility Authority, and NCDOT pertaining to the proposed closure. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the Resolution of Intent to close a portion of Point Harbor Road. 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 XXXI, Page 14.4. MEETING RECESSED TO HOLD THE FINAL REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 9:06 p.m. to hold the final meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 9:07 p.m. 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. No items were presented. ADDITIONAL COMMENTS Commissioner Kopp and Commissioner Davis reported on attending the Titan America Carolinas Cement Company Castle Hayne Project Public Scoping meeting. They encouraged citizens to be part of the process so their concerns can be addressed. There will be at least two more opportunities where the public will be able to voice their NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 7, 2008 PAGE 417 concerns. Commissioner Pritchett noted the passing of former North Carolina Senator Jesse Helms. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 9:10 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board