Loading...
2011-08-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 1,2011 PAGE 237 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 1, 2011,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 Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Ted Davis, Jr.; Commissioner Brian M. Berger; Commissioner Richard G. Catlin; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Phoebe R. Jordan, St. James AME Church,provided the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing no comments, Chairman Barfield called for a motion to approve the Consent Agenda. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on July 7, 2011 Closed Session meeting held on July 11, 2011 Regular Session meeting held on July 11, 2011 Adoption of State Road Resolution—Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of Windjammer and Rushing Drives located within Crosswinds Sections 1 and 2 and Wedgefield at Crosswinds South Subdivision to the State Road System(Division File No. 1171-N). A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 12.1. Acceptance of Library Services Technology Act Grant Funds and Adoption of Budget Ordinance Amendment 12-003-Library The Commissioners accepted Library Services Technology Act Grant Funds and adopted Budget Ordinance Amendment 12-003 in the amount of $87,000. The funds will be used for the development of a comprehensive self-checkout system at all library branches. The required match of 25%in the amount of$21,980 will be provided by the Friends of the Library. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 12.2. Adoption of Resolution of Intent to Close a Portion of Hill Avenue Located Between Wild Cherry Lane and Ramblewood Drive—Planning Department The Commissioners adopted the resolution of intent to close a portion of Hill Avenue located between Wild Cherry Lane and Ramblewood Drive. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 12.3. Adoption of Budget Ordinance Amendment—Budget Department The Commissioners adopted Budget Ordinance Amendment 12-001, Health Department, for fiscal year ending June 30,2012. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,Page 12.4. REGULAR ITEMS OF BUSINESS OFFSHORE WIND ECONOMIC DEVELOPMENT TASK FORCE PRESENTATION North Carolina Sierra Club Representatives Mac Montgomery and Carina Barnett-Loro and Oceana Representative Zachary Keith presented an overview of the Offshore Wind Task Force highlighting the following information: • Offshore wind development is a proven success in Europe. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 1,2011 PAGE 238 • Offshore wind development will create clean-energy jobs. Manufacturing facilities follow the energy supply chain. • U.S. has abundant wind resources; North Carolina has the best offshore wind resources on the east coast. • Federal process is through the Bureau of Ocean Energy Management. • Offshore Wind Economic Development Task Force — Executive Order 96; fifteen members are appointed by the Governor. • Duties are to: • Study the benefits of developing 5,000 MW of offshore wind energy generation by 2030 • Examine laws in NC and other states to determine what policy framework is needed to support the offshore wind industry • Create guidelines on viable areas for offshore wind facilities • Report findings and recommendations to the Governor by March 31,2012 • Recommendations eligible to be introduced as bills in the short session. • Stockholm University's Zoology Department discovered that marine life has become more abundant and diverse near turbine foundations • Offshore turbines constitute habitats for fish, crabs,mussels,lobsters and plants. • Great for the recreational fishing industry. • University of Delaware study shows large support (86%) from Rehoboth Beach tourists for offshore wind when placed more than 7-10 miles off the coast. • North Carolina is uniquely positioned to be a leader in US offshore wind. • Forward-thinking policy is required to realize the full economic benefits of offshore wind. • Support from North Carolina citizens is critical for policy and industry success. The Task Force is requesting the Board consider adopting a resolution supporting the development of offshore wind as a renewable 21st century energy resource. After a brief question and answer period and in response to Board questions,Mr. Montgomery reported that initially the cost is expensive but in the long-term will save money on energy and be a more reliable,efficient energy source. They will continue to provide the Board with updated information as it becomes available. AWARD OF CONTRACT TO BRADLEY BARNES CONSTRUCTION FOR PARK RENOVATIONS AT ARROWHEAD PARK Parks, Gardens & Senior Resources Director Jim McDaniel presented the request for the Board's consideration to award the contract for renovations at Arrowhead Park to Bradley Barnes Construction in the amount of$904,499 and will include tennis courts, a disc-golf course, and basketball courts. The funds will be allocated from the 2006 voter approved park bonds. Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to award the contract for renovations at Arrowhead Park to Bradley Barnes Construction in the amount of$904,499 as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Berger voted in opposition. PUBLIC HEARING AND APPROVAL OF CONDITIONAL REZONING REQUEST BY HOLMAN & LACKEY, ON BEHALF OF MASONS LANDING YACHT CLUB, LLC, TO MODIFY AN APPROVED CONDITIONAL USE PLAN FOR MASONS LANDING YACHT CLUB AND REMOVE 4.19 ACRES OR EIGHT LOTS FROM A 14.565 ACRE TRACT APPROVED FOR AN R-20 PERFORMANCE RESIDENTIAL DEVELOPMENT LOCATED AT 7312 MASON LANDING ROAD (Z-838M,05111) Chairman Barfield opened the Public Hearing and announced that the special use process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Chris O'Keefe Jane Daughtridge Walter Lackey Josh Mihaly Craig Quinn Senior Planner Jane Daughtridge reported that Holman & Lackey, on behalf of Masons Landing Yacht Club, LLC, are requesting to modify a Conditional Use Permit for Masons Landing Yacht Club and remove 4.19 acres, or eight lots, from a 14.565 acre tract approved for an R-20 Performance Residential Development located at 7312 Mason Landing Road and presented a slide overview of the request. In November 2007, about 4.7 acres of vacant land was added to a prior approved conditional district. A conditional district is one in which there are no uses permitted by right, so each CD requires a companion special use permit with site plan. This becomes the only allowable use and plan for the district. Property in the 2007 action was under option by the original developer,but the sale was never completed. The current owner of a 4.19 acre tract which was part of the November 2007 modification now wishes to disentangle from the project and be freed from NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 1,2011 PAGE 239 the privileges and obligations associated with a conditional use district,reverting back to the original R-20S zoning district. The remaining half acre of land was acquired by the original developer and remains as part of the project. This piece should be converted to CD R-15 so that there is no "spot zoning" remnant in the newly defined conditional district. The site is classified as Wetland Resource Protection in the 2006 CAMA land use plan. The Planning Board, at their May 5, 2011 meeting voted 5-0 to recommend approval of all three actions as follows: 1) rezoning of 4.19 acres from CD (R-20) to R-20S; 2) rezoning the .51 acre from CD (R-20) to CD (R- 15);and 3)approve the modified site plan for the conditional district. No one from the public spoke on this item. Chairman Barfield requested the Petitioner make their presentation. Josh Mihaly, the Petitioner's representative, provided a brief overview of the request highlighting that the request is to clean-up the site plan to provide consistency with the Mason Landing Yacht Club and that they wish to proceed with the request and agree with staff's Findings of Facts. Chairman Barfield asked if anyone from the public wished to speak in opposition to the request. Hearing no further comments, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger,to approve the request by Holman &Lackey, on behalf of Masons Landing Yacht Club, LLC, to rezone 4.19 acres from CD (R-20)to R-20S finding that the request is: 1) consistent with the purposes and intent of both the Conservation and Wetland Resource Protection classification in the 2006 CAMA Land Use Plan; and 2)reasonable and in the public interest to rezone 4.19 acres of Conditional District CD (R-20) residential property to R-20S and remove it from the previously approved residential subdivision of Masons Landing Yacht Club to make it consistent with the surrounding area. Upon vote,the MOTION CARRIED UNANIMOUSLY. Motion: Chairman Barfield MOVED, SECONDED by Commissioner Catlin,to approve the request by Holman& Lackey, on behalf of Masons Landing Yacht Club, LLC, to rezone .51 acre from CD (R-20) to CD (R-15) finding that the request is: 1) consistent with the purposes and intent of both the Conservation and Wetland Resource Protection classification in the 2006 CAMA Land Use Plan; and 2)reasonable and in the public interest to rezone .51 acre of Conditional District CD (R-20) residential property to Conditional District CD (R-15) to be consistent with the remainder of the residential lots and subject to the site plan for the companion special use permit. Upon vote,the MOTION CARRIED UNANIMOUSLY Motion: Chairman Barfield MOVED, SECONDED by Commissioner Catlin,to approve the request by Holman& Lackey, on behalf of Masons Landing Yacht Club,LLC,to approve the modified site plan for the conditional district are positive with the following two conditions: 1) mutual rescinding of the lease agreement of 225 Mabee Way between American Tower and the New Hanover County Board of Education; and 2) request by the Board of Education to cancel 5-595. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 3 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED DECEMBER 7, 1981, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 3,Page 13. Copies of the orders approving the modified site plan of the Conditional Use Permit and listing the findings of facts are hereby incorporated as part of the minutes and contained in SUP Book IV,Page 37. PUBLIC HEARING AND APPROVAL OF REQUEST BY MICHAEL EDWARDS TO AMEND SECTIONS 59.3.4(6) AND 59.3.5 OF THE COUNTY'S ZONING ORDINANCE TO REVISE THE DIMENSIONAL AND ACCESS REQUIREMENTS FOR THE AIRPORT INDUSTRIAL (AI) ZONING DISTRICT(A-394,07/11) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge presented the request by Michael Edwards to amend Sections 59.3.4(6) and 59.3.5 of the County's zoning ordinance to revise the dimensional and access requirements for the Airport Industrial Zoning District and presented a slide overview of the request. The proposed changes are highlighted in bold and are as follows: • 59.3.4(6) Dimensional Requirements: Any property subdivided and recorded prior to 6/8/81 may be less than the minimum lot area established for the district,provided such lots are located outside of an approach zone for the New Hanover County Airport. (6/4/84) Additionally, any such property located within an airport approach zone may be approved by the Board of County Commissioners pursuant to the Conditional Use District process set forth in Sections 59.7. • 59.3.5: Protection of Residential Areas-It is required, in order to protect and promote existing or future residential development, that any means of direct access to or from any permitted or Special Use in the Al Zone shall not be through any residentially zoned or developed area or along any street or road in any residential subdivision. (3/9/88) The foregoing may be waived in Al Districts pursuant to the Conditional Use District process set forth in Section 59.7. Staff feels the change is consistent with the CAMA Land Use Plan,the stated intent of the ordinance and is NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 1,2011 PAGE 240 in the public interest because it provides opportunity to develop industrial proposals on older, nonconforming lots that happen to fall within the airport approach zone and flexibility for access to Airport industrial property, after conditional review and approval, on a case by case basis. The Planning Board, at their July 7, 2011 meeting,voted 7-0 to recommend approval of the amendment. No one from the public spoke on this issue. In response to Board questions, Senior Planner Daughtridge clarified that if approved as presented, each case would require Board of Commissioner approval. Currently the Board must approve any project consisting of more than one acre of property. In response to Board questions, Wilmington International Airport Deputy Director Julie Wilsey confirmed that the airport is comfortable with the request as the process will require the Board's conditional approval assuring that it is a compatible use. Chairman Barfield asked if anyone from the public wished to speak in favor of the request noting that no one had signed up to speak in opposition to the request. Matt Nichols, Attorney for the Petitioner,presented an overview of the request stating that the Petitioner is attempting to relocate a family business due to the extension of the I-140 Corridor. If approved as proposed,the text amendment will allow the Board to consider a broader array of Al District rezoning requests on a case by case basis determining compatibility. Hearing no further comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the request by Michael Edwards to amend Sections 59.3.4(6) and 59.3.5 of the County's zoning ordinance to revise the dimensional and access requirements for the Airport Industrial Zoning District finding that the request is: 1) consistent with the purposes and intent of Policy 4.2 and others adopted in the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest to allow limited flexibility in the requirements for airport industrial zoning districts with conditional use review and approval. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis 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 XXXIV,Page 12.5. BREAK Chairman Barfield called for abreak from 7:30 p.m.until 7:42 p.m. PUBLIC HEARING AND APPROVAL OF REQUEST BY STAFF TO AMEND SECTION 53.5 OF THE COUNTY'S ZONING ORDINANCE TO CLARIFY CERTAIN STANDARDS FOR ESTABLISHING A PLANNED DEVELOPMENT(PD)ZONING DISTRICT(A-393,06/11) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O'Keefe and Assistant County Attorney Sharon Huffman presented the request by staff to amend Section 53.5 of the County's zoning ordinance for clarification of certain standards for establishing a Planned Development Zoning District and presented a slide overview of the request. The County's Planned Development District was adopted in mid-1980 and focuses on proposals of 100 or more acres with a mixed-use component; it has only been utilized five times since inception. Recent State court rulings have called into question the ability of local governments to attach special fees for schools to development proposals in their communities. The proposed amendment deletes the school and fire service fees, gives more flexibility to the parking standards, clarifies the final plan approval, and adds density bonus charts. The Planning Board,at their July 7, 2011 meeting,voted 7-0 to recommend approval of staff's request. Chairman Barfield asked if anyone from the public wished to speak in favor of or in opposition to the request. Tyler Newman,Business Alliance for a Sound Economy, spoke in favor of the text amendment stating that the special fees for schools has been successfully challenged in the court system across the State. Hearing no further comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the request by staff to amend Section 53.5 of the County's Zoning Ordinance for clarification of certain standards for establishing a Planned Development Zoning District finding that the request is: 1) consistent with the purposes and intent of the policies adopted in the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest to amend the requirements to establish a Planned Development District by adding minor refinements and removing language that could be potentially challenged in court.Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,Page 12.6. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 1,2011 PAGE 241 APPOINTMENT OF CHAIRMAN BARFIELD AS VOTING DELEGATE TO THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS ANNUAL CONFERENCE Chairman Barfield presented the request for the Board's consideration to appoint a voting delegate to the North Carolina Association of County Commissioners 2011 Annual Conference to be held August 18-21, 2011 in Cabarrus County. A voting delegate must be appointed and submitted by August 12, 2011. Chairman Barfield and Commissioner Berger have been registered for the conference. Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin,to appoint Chairman Barfield as the New Hanover County voting delegate to the North Carolina Association of County Commissioners 2011 Annual Conference to be held August 18-21, 2011 in Cabarrus County as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. No items were presented. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 8:23 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries and on www.nhcgov.com/NHCLive or www.nhggov.com paQes.BOC/asps