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2008-08-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 4, 2008 PAGE 430 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 4, 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 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. Commissioner Ted Davis, Jr. was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Alan T.E. Benson, Senior Pastor, Grace Baptist Church, gave the invocation. Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer requested Consent Agenda Item 4 ? Consideration of Amendments to the New Hanover County Board of Health Terms of Office be removed from the consent agenda for discussion and 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 : Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 TO 0. 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 July 17, 2008 Regular Session meeting held on July 21, 2008 Adoption of State Road Resolution ? Governing Body The Commissioners adopted North Carolina Department of Transportation State Road Resolution supporting the addition of Morrow Drive in Kirkwood at Arrondale Subdivision in New Hanover County (Division File No. 1123-N) to the state system. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 16.1. Authorization to Submit a Grant Application to the Federal Emergency Management Agency for a 2008 Assistance to Firefighters Grant Operations and Safety Grant ? Fire Services The Commissioners authorized Fire Services to submit a grant application to the Federal Emergency Management Agency for a 2008 Assistance to Firefighters Grant Operations and Safety Grant application in the amount of $76,980. If awarded, the funds will be used to provide equipment and training for both career and volunteer firefighting staff. Matching funds in the amount of $15,396 are budgeted in the FY08-09 department budget. A copy of the grant application is available for review in Fire Services. Acceptance of New Hanover County Child Fatality Prevention Team 2007 Summary ? Health Department The Commissioners, as required by State legislation, accepted the New Hanover County Child Fatality Prevention Team 2007 Summary. A copy of the summary is available for review at the Health Department. Acceptance of FY 08-09 New Hanover County Board of Education Budget Resolution ? Budget Department The Commissioners accepted the FY 08-09 New Hanover County Board of Education Budget Resolution. A copy of the budget resolution is available for review in the Budget Department. Adoption of Budget Ordinance Amendment ? Budget Department The Commissioners adopted Budget Ordinance Amendment 2008-133, Finance/Planning, for the fiscal year ending June 30, 2008. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 16.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 4, 2008 PAGE 431 Adoption of Budget Ordinance Amendment ? Budget Department The Commissioners adopted the following Budget Ordinance Amendment for fiscal year ending June 30, 2009: 09-005 - Sheriff's Office A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 16.3. DISCUSSION AND APPROVAL OF AMENDMENTS TO THE NEW HANOVER COUNTY BOARD OF HEALTH TERMS OF OFFICE Chairman Greer stated that he had concerns extending the Board of Health Terms of Office from the current limit of two, three-year terms to allow for three, three-year terms. The Board held discussion concerning the complexity of the Board of Health issues and the Public Health Laws of North Carolina 130A-35 that allows for three, three-year terms for County Board of Health members. Hearing no further comments, Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster to approve expanding the Board of Health terms of office to a potential third, three-year term and the changes to the Operating Procedures: Article III - Members: Increase appointments of Board members to a potential third, three-year term. Upon vote, the MOTION CARRIED 3 TO 1. Chairman Greer voted in opposition. REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION NAMING CONFERENCE ROOM 601 AT THE GOVERNMENT CENTER IN HONOR OF RETIRED CLERK TO THE BOARD LUCIE F. HARRELL Chairman Greer reported that the Board has been requested to consider adopting the resolution naming Conference Room 601 at the Government Center in honor of retired Clerk to the Board Lucie F. Harrell. Ms. Harrell served as the New Hanover County Clerk to the Board from December 1982 until April 1, 2004, when she retired. Chairman Greer read the resolution into the record and requested a motion for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution naming Conference Room 601 at the Government Center in honor of retired Clerk to the Board Lucie F. Harrell. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 16.4. PUBLIC HEARING AND APPROVAL OF REQUEST BY MIKE NADEAU, ON BEHALF OF SENCA, LLC, TO REZONE APPROXIMATELY 9.22 ACRES OF PROPERTY LOCATED IN THE 9100 BLOCK OF NORTH MARKET STREET FROM R-15 RESIDENTIAL DISTRICT TO B-1 HIGHWAY BUSINESS DISTRICT (Z-888, 7/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that Mike Nadeau, on behalf of SENCA, LLC, is requesting to rezone approximately 9.22 acres of property located in the 9100 block of North Market Street from R-15 Residential District to B-2 Highway Business District and presented a slide overview of the request. The subject property is located just south of the Pender County line in an area classified on the 2006 CAMA Land Classification map as transition. Access is anticipated to be from New Hanover Medical Park Drive, a local road that intersects with North Market Street which is a major arterial divided roadway. Level of service on Market Street in this segment has been rated F, meaning traffic volume exceeds capacity. The location is subject to the county?s Special Highway Overlay District, which protects gateway vistas primarily through a requirement for additional setbacks and buffering. The Pender County zoning adjacent to the subject property is B-3 along the highway and R-20C at the rear of the property. South of this property is zoned CD (O&I) to accommodate a future medical complex for the hospital. To the east is the Salem Woods residential subdivision. Across Market Street is a mini storage facility. The subject property is located within the Futch Creek watershed drainage area. Over the past four years, water quality in upper Futch Creek has experienced a decrease in water quality, most likely due to the increase in development in this area. Portions of Futch Creek are included within the limited area that remains open to shell fishing in New Hanover County, however the Division of Water Quality has indicated that Futch Creek will likely be completely closed to shell fishing due to diminished water quality. All measures should be taken in the construction process to ensure that erosion control measures are met to prevent the runoff of sediment into Futch Creek. Staff also recommends that Low Impact Development techniques be incorporated into the storm water design of the site to ensure that water quantity and water quality goals are met. The property is not influenced by flood hazard and no areas of 404 wetlands are indicated. The site is in a primary recharge area for the principal aquifers or a shallow water table sand aquifer containing fresh over salty NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 4, 2008 PAGE 432 water. Public utilities are planned for this area. Planning Director Chris O?Keefe reported that this rezoning requests a change from medium density residential expectations to highway business use. The change would significantly expand and intensify the range of uses allowed. Between 2003 and 2005, average daily traffic volume on Market Street increased by about 8%. The addition of ?superstreet? improvements in 2006 has improved the flow of traffic in this area raising the level of service from ?FF? to F. The Wilmington Metropolitan Planning Organization has commissioned Kimley-Horn to develop a corridor overlay plan for the Market Street Corridor between Colonial Drive and the Pender County line. The plan will identify catalysts for economic growth and development of the corridor and recommend access management strategies to address a growing traffic congestion problem. As a gateway to the County this parcel is critical in the development of the plan. The petitioner has agreed to work with the consultants as their planning process continues so that strategies can be incorporated in the site planning process. The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. In this case, services are to be installed in that area and access is available from a local street as well as the arterial. Based on the foregoing, staff recommends approval. At its July 3, 2008 meeting, the Planning Board was unable to arrive at a recommendation. The vote was 3-3 on a motion to deny the request. Planning Board members expressed concerns about the broad range of uses allowed under a general B-2 district and some expressed a preference to consider a conditional district rather than a general one. Chairman Greer asked if the Petitioner would like to speak in favor of the request. Mike Nadeau, on behalf of SENCA, LLC, presented an overview of the request and requested to amend the zoning petition from B-2 to B-1. The proposed rezoning will consolidate the zoning to the north with the recent rezoning to B-3 General Business by Pender County. The property adjoins Market Street and will be served by connector roads to Scotts Hill Loop Road and Scotts Hill Medical Drive. The amended zoning request of B-1 is less intensive and allows for the development of retail and office services not currently available in the Scotts Hill Community. 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. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the request by Mike Nadeau, on behalf of SENCA LLC, to rezone approximately 9.22 acres of property in the 9100 block of North Market Street from R-15 to B-1 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 neighborhood commercial uses in this location near the New . Hanover-Pender County line. Upon vote, the MOTION CARRIED 4 TO 0 A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 63. PUBLIC HEARING AND APPROVAL OF REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF GREENHOUSE PROPERTIES, TO REZONE APPROXIMATELY .81 ACRE OF PROPERTY LOCATED AT 6005 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL DISTRICT TO CONDITIONAL O&I (Z-889, 7/08) Chairman Greer opened the Public Hearing and announced that the Conditional Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O?Keefe Jane Daughtridge Tom Johnson Christian Bolz Cindee Wolf Senior Planner Jane Daughtridge reported that Withers and Ravenel, on behalf of Greenhouse Properties, is requesting to rezone approximately .81 acre of property located at 6005 Carolina Beach from R-15 Residential to Conditional O&I for a Veterinary Use in the Transition Land Classification Adjacent to the Battle Park Subdivision and presented a slide overview of the request. The subject property is located in the southern portion of the county in an area classified on the 2006 CAMA Land Classification map as transition. Access is anticipated to be from Manassas Drive near its intersection with Carolina Beach Road which is a major arterial divided roadway. Level of service on Carolina Beach Road has been rated F, meaning traffic volume exceeds capacity. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 4, 2008 PAGE 433 The subject property is south of the Sanders Road intersection which has evolved into a commercial node. The subject property is part of the Battle Park subdivision and is currently vacant and wooded. Adjacent property is all zoned R-15. To the south is the County?s Battle Park site. To the north and east is the remainder of the Battle Park Subdivision and is developed with residential uses. Further north is more R-15 residential development up to Christa Apartments. The subject property is located within the Seabreeze watershed drainage area. The site is in a shallow water table sand aquifer. The applicant plans to utilize private well and septic system since no public services are available in this location. As a condition for rezoning, the applicant proposes that the use of the property will be a veterinary practice with indoor kennels. A companion special use permit will bind the proposed use and restrictions to this property. Planning Director Chris O?Keefe reported that this conditional rezoning petition proposes a change from moderate density residential zoning to a conditional use Office & Institutional designation for the purpose of developing a veterinary office and clinic. Between 2003 and 2006, average daily traffic volume on Carolina Beach Road increased by about 8%. Average Daily Traffic on Manassas Drive showed a 50% decrease during the same period. No Traffic Impact Analysis was prepared for this project because traffic generation estimates were below the 100 peak hour trip threshold. Staff believes this proposal would be consistent with the established residential character of the immediately adjacent area and recommends approval. Planning Director O?Keefe read the findings of facts into the record and continued reporting that at its July 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of the request with conditions as follows: 1. No outdoor kennels. 2. Uses limited to veterinarian and kennels with indoor pens only. 3. Hours limited as specified by applicant to 8-6 Monday through Friday and 8-12 on Saturday. 4. Low country design of the building as discussed by the applicant. 5. Lighting contained on-site as noted on the site plan. Chairman Greer asked if the Petitioner would like to speak on the request. Tom Johnson, attorney on behalf of the petitioner, stated that the petitioner agrees with the recommended conditions and findings of facts. Cindee Wolf, with Withers & Ravenel, on behalf of Dr. Christian Bolz, presented an overview of the request stating that the petitioner and his wife are both veterinarians and they would like to have their own veterinary treatment center to serve the community. All the conditions and technical standards have been met and the proposed rezoning would be an appropriate transition and an asset to the community. Chairman Greer asked if anyone would like to speak in opposition to the request. Hearing no 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 Withers and Ravenel, on behalf of Greenhouse Properties, to rezone approximately .81 acre of property at 6005 Carolina Beach from R-15 to Conditional O&I 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 a veterinary use adjacent to a residential neighborhood on a conditional basis at this location. Upon vote, the MOTION CARRIED 4 TO 0. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant the Conditional Use Permit to Withers and Ravenel, on behalf of Greenhouse Properties, for veterinary use at 6005 Carolina Beach 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 outdoor kennels; 2) uses limited to Veterinarian and Kennels with indoor pens only; 3) hours limited as specified by applicant to 8-6 Monday through Friday and 8-12 on Saturday; 4) low country design of the building as discussed by the applicant; and 5) lighting contained on-site as noted on the site plan. Upon vote, the MOTION CARRIED 4 TO 0. 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 84. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 4, 2008 PAGE 434 A copy of the order granting the Conditional Use Permit and listing the findings of fact is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 21.1. PUBLIC HEARING AND APPROVAL OF REQUEST BY TOM JOHNSON, ON BEHALF OF ROCKFORD PARTNERS, LLC, FOR A SPECIAL USE PERMIT TO LOCATE A COMMUNITY BOATING FACILITY IN THE NORTHEAST CAPE FEAR RIVER TO SERVE THE SUNSET REACH SUBDIVISION LOCATED AT THE TERMINUS OF ROCKHILL ROAD (S-583; 07/08) 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 Tom Johnson James Yopp Steve Morrison Senior Planner Jane Daughtridge reported that Tom Johnson, on behalf of Rockford Partners, LLC, is requesting a special use permit to locate a 53-slip community boating facility in the Northeast Cape Fear River to serve the Sunset Reach Subdivision located at the terminus of Rockhill Road and presented a slide overview of the request. Planning Director O?Keefe read the findings of facts into the record and reported that at the Planning Board?s July 3, 2008 meeting they voted 6-0 to recommend approval of the special use permit, subject to final determination and confirmation of the location of the riparian corridor, and with the condition that no overhead lighting will be used on the docks. Chairman Greer asked if the Petitioner would like to speak on the request. Tom Johnson, attorney on behalf of the petitioner, stated that the petitioner agrees with the findings of facts and the condition of no overhead lighting to be used on the docks and presented an overview of the project. The request is to locate a 53-slip community boating facility to serve the 53-lot residential Sunset Reach Subdivision. Chairman Greer asked if anyone would like to speak in opposition to the request. Hearing no 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 Tom Johnson, on behalf of Rockford Partners, LLC, to locate a 53-slip community boating facility in the Northeast Cape Fear River to serve the Sunset Reach Subdivision located at the terminus of Rockhill Roadbased on the evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the following conditions: 1) subject to final determination and confirmation of the location of the riparian corridor; and 2) no overhead lighting will be used on the docks. Upon vote, the MOTION CARRIED 4 TO 0. 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 21.2. BREAK Chairman Greer called for a break at 7:08 p.m. until 7:24 p.m. WITHDRAWAL OF AGENDA ITEM PUBLIC HEARING AND Chairman Greer announced that Regular Agenda Item 13 - CONSIDERATION OF TEXT AMENDMENT BY STAFF TO AMEND ARTICLE II DEFINITIONS AND ARTICLE VI SUPPLEMENTARY DISTRICT REGULATIONS TO DEFINE AND SPECIFY STANDARDS FOR SENIOR HOUSING OPTIONS (A-371, 5/08) has been removed from the agenda. The item will be heard at the Board?s September 2, 2008 meeting. PUBLIC HEARING AND APPROVAL OF TEXT AMENDMENT TO AMEND SECTION 73-21(6) OF THE ZONING ORDINANCE TO ALLOW DRY STACK STORAGE IN RESIDENTIAL DISTRICTS ONLY AS PART OF A NEW DEVELOPMENT AND TO REMOVE THE TERM ?ABUTTING? FROM THE SETBACK REQUIREMENTS (A- 372, 06/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O?Keefe reported that David Ward is requesting to amend Section 73-21(6) to allow dry stack storage in residential districts only as part of a new development and to remove the term ?abutting? NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 4, 2008 PAGE 435 from the setback requirements. The proposed amendment as suggested by the petitioner is as follows: SECTION 72-31- Commercial Marina, Subsection (6) Dry stack storage (6) Dry stack storage as an accessory to a marina may be allowed only as part of new residential developments or in a B-1 zoning district in a residential or B-1 zoning district. Dry stack storage must be clearly identified on the approved site plan and described in the findings of fact. Additional buffers or screenings will be required to mitigate noise, light and dust impacts on surrounding properties. (1/7/08) a. Setbacks for dry stack storage from any abutting residential property line shall be not less than 2.75 times the height of the structure if enclosed or the highest point of a stored vessel if unenclosed. (1/7/08). In no case may the setback be less than the requirements of the underlying zoning district. b. Appearance of stacked storage should retain the character of the surrounding residential areas and provide opaque vegetative buffers to reduce visual impacts. (1/7/08) c. Projects shall be designed so that the use of noise-generating activities, such as large marine forklifts, boat haul out or boat repair approved as part of the special use permit will be located as far away from residential structures as feasible to lessen impacts on the residential quality of life. (1/7/08) Planning Director O?Keefe reported the following: ? By their nature, ordinance amendments apply to proposals approved after adoption of the rule, so there is no need for a date reference. At the work session there was discussion concerning the removal of the date reference. ? At the work session the board spoke at length about the pros and cons of removing the term ?abutting.? It was noted that the change would make the setback apply even if the project were separated from residential property by a road or other non-residential situation. If that is not the intent, the ?abutting? term should stay. ? The Chief Zoning Official suggested the addition of the reference to setbacks not being less than the requirements of the underlying zoning district. Staff supports the original proposed language presented at the work session with the removal of the word ?abutting? as described below. The special use permit process allows ample opportunity for decision makers to review and consider appropriateness in specific situations. Staff would allow for dry stack storage in existing communities if approved according to the ordinance language and through the public hearing process. The Planning Board voted 4 to 2 to recommend the amendments as requested. Several people spoke in favor of the request. One person spoke in opposition to the request. Staff recommends the following text amendment: SECTION 72-31- Commercial Marina, Subsection (6) Dry stack storage (6) Dry stack storage as an accessory to a marina may be allowed in a residential or B-1 zoning district. Dry stack storage must be clearly identified on the approved site plan and described in the findings of fact. Additional buffers or screenings will be required to mitigate noise, light and dust impacts on surrounding properties. (1/7/08) a. Setbacks for dry stack storage from any abutting residential property line shall be not less than 2.75 times the height of the structure if enclosed or the highest point of a stored vessel if unenclosed. (1/7/08). In no case may the setback be less than the requirements of the underlying zoning district. b. Appearance of stacked storage should retain the character of the surrounding residential areas and provide opaque vegetative buffers to reduce visual impacts. (1/7/08) c. Projects shall be designed so that the use of noise-generating activities, such as large marine forklifts, boat haul out or boat repair approved as part of the special use permit will be located as far away from residential structures as feasible to lessen impacts on the residential quality of life. (1/7/08) Chairman Greer asked if anyone in the audience wished to speak in favor of or in opposition to the request. John Wessell, attorney for the petitioner, stated that the Planning Board voted 4 to 2 to recommend the changes to the Board. The proposal is to clarify the prior amendment and to better address the intent of the prior amendment. Dry stack storage would be allowed as part of a new development. The practical effect of the amendment would be to protect existing residential areas from unwanted dry stack storage. If a residential neighborhood was in support of such an operation the developer could request rezoning into a conditional use district where such use could be permitted and the Commissioners could still approve such facilities if they deemed them appropriate. David Ward, the petitioner, presented an overview of the request stating that with the proposed text amendment a property owner will still have the opportunity to request dry stack storage through a conditional NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 4, 2008 PAGE 436 rezoning. The proposed text amendment will keep dry stack storage marinas out of existing neighborhoods. Existing neighborhoods can request a conditional rezoning if they desire a dry stack storage marina. Kim Altman, resident on Walter Avenue, spoke on the process that they have gone through for the past six years in trying to keep a dry stack storage marina from their neighborhood. She requested the Board approve the proposed text amendment so other residents will not have to go through that process. Fred Altman, resident on Silver Avenue, requested the Board approve the proposed text amendment stating that it will help other communities avoid what they have been through the past six years in trying to keep a dry stack storage marina out of their neighborhood. Tim Ward, resident, stated that he is opposed to the proposed text amendment stating that the goal is to prohibit dry stack storage marinas. He stated that dry stack storage marinas are needed as well as an increase in water access. He requested the Board deny the text amendment and keep the availability of the special use process for dry stack storage. In response, Mr. Wessell stated that the demand for boat access should not be satisfied on the backs of surrounding residents who don?t want it in their neighborhood. Even with the proposed change, someone can request a conditional rezoning for the Board to consider. 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 reported that if the Board approves the text amendment as presented by the petitioner, property with at least two acres or more, dry stack storage marinas would be allowed with a conditional use rezoning to B-1. The special use permit process allows ample opportunity for the Board to review and consider appropriateness in specific situations. Motion: Commissioner Pritchett MOVED to approve amending Section 72-31 ? Commercial Marina, Subsection (6) Dry Stack Storage as recommended by the petitioner. No SECOND was received, the MOTION FAILED. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve amending Section 72- 31 ? Commercial Marina, Subsection (6) Dry Stack Storage as follows: (6) Dry stack storage as an accessory to a marina may be allowed in a residential or B-1 zoning district. Dry stack storage must be clearly identified on the approved site plan and described in the findings of fact. Additional buffers or screenings will be required to mitigate noise, light and dust impacts on surrounding properties. (1/7/08) a. Setbacks for dry stack storage from any residential property line shall be not less than 2.75 times the height of the structure if enclosed or the highest point of a stored vessel if unenclosed. (1/7/08). In no case may the setback be less than the requirements of the underlying zoning district. b. Appearance of stacked storage should retain the character of the surrounding residential areas and provide opaque vegetative buffers to reduce visual impacts. (1/7/08) c. Projects shall be designed so that the use of noise-generating activities, such as large marine forklifts, boat haul out or boat repair approved as part of the special use permit will be located as far away from residential structures as feasible to lessen impacts on the residential quality of life. (1/7/08) Finding that the request is: 1) consistent with the purposes and intent of the associated land use policies adopted in the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest to protect residential areas from negative effects of dry stack storage with marinas allowed under special use permits. Upon vote, the MOTION CARRIED 3 TO 1. Chairman Greer voted in opposition. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 16.5. PUBLIC HEARING AND APPROVAL OF TEXT AMENDMENT BY STAFF TO AMEND SECTION 59.4-2 OF THE ZONING ORDINANCE TO CLARIFY THE APPLICABILITY OF THE CONSERVATION OVERLAY DISTRICT (A-373, 06/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O?Keefe reported that staff is requesting text amendments to Section 59.4-2 of the Zoning Ordinance to clarify the applicability of the Conservation Overlay District. This item was discussed at the June 18, 2008 Planning Board work session and action was taken at the July 3, 2008 regular meeting. The Planning Board voted 6-0 to recommend approval of the amendment. Assistant County Attorney Sharon Hoffman presented an overview of the request stating that the added language clarifies the applicability of the Conservation Overlay District. The proposed text amendment is as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 4, 2008 PAGE 437 CONSERVATION OVERLAY DISTRICT ? 59.4-2: ApplicabilityThe development and improvement of property, including the subdivision division of land, shall be subject to these performance controls if the parcel of record is located wholly or partially within a COD and if conservation resources, as specified in Section 59.4-3 are associated with the parcel on record as of December 1, 1984, the effective date of this ordinance. However, the following uses on lots of record as of December 1, 1984 shall be exempted from these controls: 1. The development of one single family home detached structure, one residential duplex, or the location of two or fewer mobile homes on a parcel or lot of record as of December 1, 1984. 2. Commercial, industrial, office or institutional development on lots of record as of December 1, 1984 and involving a land disturbance of less than 1 (one) acre in area. 3. The development or subdivision division of a parcel of record as of December 1, 1984 that meets both of the following conditions: (A) No part of the development or subdivision shall be located within a distance equal to or less than the setback distance (specified in Section 59.4-5) of any conservation resource or space existing on the parcel or on a contiguous parcel of record. (B) No part of the development or subdivision shall be located on any portion of the parcel that is part of the upper drainage basin for any conservation resource or space on the parcel or within the specified setback on a contiguous parcel of record. Chairman Greer asked if anyone in the audience wished to speak in favor of or in opposition to the request. Hearing no one, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve amending Section 59.4-2 of the Zoning Ordinance to Clarify the Applicability of the Conservation Overlay District as follows: CONSERVATION OVERLAY DISTRICT ? 59.4-2: ApplicabilityThe development and improvement of property, including the division of land, shall be subject to these performance controls if the parcel of record is located wholly or partially within a COD and if conservation resources, as specified in Section 59.4-3 are associated with the parcel on record as of December 1, 1984, the effective date of this ordinance. However, the following uses on lots of record as of December 1, 1984 shall be exempted from these controls: 1. The development of one single family home detached structure, one residential duplex, or the location of two or fewer mobile homes on a parcel or lot of record as of December 1, 1984. 2. Commercial, industrial, office or institutional development on lots of record as of December 1, 1984 and involving a land disturbance of less than 1 (one) acre in area. 3. The development or division of a parcel of record as of December 1, 1984 that meets both of the following conditions: (A) No part of the development or division shall be located within a distance equal to or less than the setback distance (specified in Section 59.4-5) of any conservation resource or space existing on the parcel or on a contiguous parcel of record. (B) No part of the development or division shall be located on any portion of the parcel that is part of the upper drainage basin for any conservation resource or space on the parcel or within the specified setback on a contiguous parcel of record. Finding that the request is: 1) consistent with the purposes and intent policies in the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest to clarify the limitations of exemptions from provisions of the Conservation Overlay District so that resources are not lost or damaged because of loopholes or vagaries in the ordinance. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 16.6. PUBLIC HEARING AND ADOPTION OF ORDER TO CLOSE A 900? PORTION OF OLD WINTER PARK-WRIGHTSBORO ROAD AS REQUESTED BY THE NEW HANOVER COUNTY AIRPORT AUTHORITY (SC-85, 05/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess reported that the New Hanover County Airport Authority is requesting to close a 900? Portion of the Old Winter Park-Wrightsboro Road, also known as John Morris Road, located near the intersection of North Kerr Avenue and John Morris Road and presented a slide overview of the request. The improved road right-of-way known as Old Winter Park-Wrightsboro Road adjoins property owned by the Wilmington International Airport. County Fire Services has indicated that they do not have issues with the proposed closing. County Engineering staff also does not have issues with the road closure providing that access is provided to the cemetery located near the end of the road. The Cape Fear Public Utility Authority recommends that a 30? utility easement be placed across the road. The cemetery is owned by the Methodist Conference and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 4, 2008 PAGE 438 contains thirty-seven marked and unmarked graves. Information provided to the local Methodist Conference and family descendents have indicated that they did not have any concerns about the road closure providing that there is access to the site. The Airport has provided the following information: 1. The Airport Master Plan with the FAA shows the area around the cemetery enclosed inside the airport perimeter fence for security, aircraft safety, and future hanger developments. ILM does not intend to relocate the cemetery. All future development will work around the cemetery. 2. The fence project is a FAA funded grant, and they know a cemetery exists in the area. 3. The Transportation Security Administration supports the fence project. 4. The Airport will have a sign on the gate at Morris Road that will provide a phone number to Airport dispatch in the event a citizen/family member wishes to visit the cemetery. During daylight hours, the airport will provide access to the cemetery. An airport employee will be sent to open the gate and escort the visitor to the cemetery. 5. The Airport will continue to maintain the cemetery because the original owner, Methodist Conference, does not wish to. 6. Until 2006, the Airport had four employees living along Morris Road. In the five years they occupied the area, the Airport did not witness any visitors to the cemetery. In closing, Planner Burgess stated that staff recommends approval of the road closing if the Airport complies with the following conditions: 1. A 30? utility easement be placed across the road. 2. The Airport will undertake reasonable maintenance efforts. 3. The Airport will provide access to the cemetery during daylight hours, Monday through Sunday. 4. The cemetery be enclosed by a permanent fence that provides access. Chairman Greer asked if anyone in the audience wished to speak in favor of or in opposition to the request. Julie Wilsey, ILM Airport Deputy Director, presented an overview of the Airport?s Master Plan stating that it is the intent of the Airport not to disturb the cemetery area and that any future expansion will be done around the cemetery. Ms. Wilsey stated that the Airport will comply with the recommended conditions. In response to Board questions, Ms. Wilsey explained that there will be a fence with a gate around the cemetery site with a phone number provided to call airport staff. An airport employee will come to the gate and escort the person to the cemetery. In response to Board questions, Ms. Wilsey agreed to send letters to any known interested parties explaining the procedure to access the cemetery. Charles Godwin, 4309 Forwalt Place, stated that he has family members buried at the cemetery site. When his relatives sold the property to the Airport there was a verbal agreement that the Airport would maintain the property and they have not done so. He requested the Board not approve the road closing and keep the current access. Chairman Greer asked Mr. Godwin if he would agree to the conditions if they were put in writing. Mr. Godwin responded that he would prefer that a fence not be installed and that the Airport would do a better job of maintaining the cemetery grounds. He requested that the cemetery be left as is. In response to Board questions, Principal Development Planner Burgess stated that the cemetery is not a public cemetery and the county does not have a legal responsibility to maintain it. In response to Board questions, Ms. Wilsey stated that the phone to access the cemetery will be manned 24 hours a day. Under normal circumstances, a normal response time will be approximately twenty minutes and a call log will be maintained. A reasonable maintenance schedule will be instituted for the cemetery grounds. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to adopt the Order to close a900? Portion of the Old Winter Park-Wrightsboro Road, also known as John Morris Road, located near the intersection of North Kerr Avenue and John Morris Road with the following conditions: 1) a 30? utility easement option as recommended by the Cape Fear Public Utility Authority; 2) the Airport will undertake reasonable maintenance efforts; 3) the Airport will provide access to the cemetery during daylight hours, Monday through Sunday; 4) the cemetery be enclosed by a permanent fence that provides access; and 5) a call log will be maintained with a response goal of twenty minutes. Upon vote, the MOTION CARRIED 3 TO 1. Commissioner Kopp voted in opposition. A copy of the Order is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 16.7. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 4, 2008 PAGE 439 PUBLIC HEARING AND ADOPTION OF ORDER TO CLOSE A 670? PORTION OF POINT HARBOR ROAD AS REQUESTED BY LS3P (SC-86, 06/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. 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. 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. Planning staff recommends approval with the 30? utility easement as recommended by the Cape Fear Public Utility Authority. County engineering staff has no objections to the proposed road closure. No comments were received from County Fire Services or NCDOT. Chairman Greer asked if anyone in the audience wished to speak in favor of or in opposition to the request. Chris Boney, architect for LS3P, presented an overview of the request reporting that the road portion needs to be closed to accommodate the new Point Harbor Marina project and that they are in agreement to the 30? utility easement as recommended by Cape Fear Public Utility Authority. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the Order to close a 670? portion of Point Harbor Road. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the Order is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 16.8. ADOPTION OF RESOLUTION ESTABLISHING A SOLID WASTE ADVISORY BOARD Chairman Greer reported that at the July 21, 2008 Board meeting, Commissioner Kopp proposed that the Commissioners establish a Solid Waste Advisory Board. Commissioner Kopp stated that the purpose of the advisory board will be to review the information and proposals that were presented by three solid waste companies and the County's Department of Environmental Management at the May 19, 2008 work session. The advisory board would then develop recommendations for the County Commissioners to consider for future management of the County's solid waste program. The proposed composition of the advisory board is five members, with each County Commissioner appointing one member at the Board?s August 18, 2008 meeting. Potential members need to complete an application and submit it to the Clerk?s office before the next meeting. The advisory board would be charged with presenting recommendations to the Board no later than the December 15, 2008 meeting. Commissioner Pritchett requested that the resolution be revised to include a conflict of interest clause. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution establishing a Solid Waste Advisory Board including a conflict of interest clause. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 16.9. 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 ITEM UPDATE ON SOUTHEASTERN CENTER Assistant County Manager Chris Coudriet reported that on Friday, August 1, 2008 the Department of Health and Human Services assumed financial control of Southeastern Center. The Staff representing the Department of Health and Human Services will work with Southeastern Center staff to develop and implement a corrective action plan designed to ensure that finances are stabilized and that services to consumers are appropriately funded. It is expected that the plan will be submitted to the Secretary of the Department of Health NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 4, 2008 PAGE 440 and Human Services within the next thirty days. Staff recommends that the plan be developed and implemented to some degree before the Board considers returning the $5 million to the Center. Commissioner Pritchett clarified that the request for the funds was made by Southeastern Center staff and not by the Southeastern Center Board. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Greer adjourned the meeting at 9:20 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board