2012-07-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 2,2012 PAGE 431
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday-, July 2, 2012, at
6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,NC.
Members present: Chairman Ted Davis, Jr.: Vice-Chairman Jonathan Barfield, Jr.: Commissioner Jason R.
Thompson:and Commissioner Richard G. Catlin: Commissioner Brian M.Berger arrived at 6:12 p.m.
Staff present: County Attomey Wanda M. Copley: County Manager Chris Coudriet: and Clerk to the
Board Sheila L. Schult.
NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Margaret Wheeler, Zion Chapel AME Zion Church, provided the invocation and Commissioner
Thompson led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Hearing no comments from the Board, Chairman Davis called for a motion to approve the items on the
Consent Agenda as presented.
Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to approve the Consent Agenda
as presented. Upon vote, the MOTION CARRIED 4 TO 0.
CONSENT AGENDA ITEMS OF BUSINESS
Approval of Minutes—Governing Body
The Commissioners approved the minutes from the Agenda Review Meeting held on June 14, 2012 and the
Regular Meeting held on June 18,2012,as presented by the Clerk to the Board.
Approval to Disband the Youth Empowerment Services Advisory Board—County Manager
The Commissioners approved the disbandment of the Youth Empowerment Sei ices Ads-ismy Board due
to the consolidation of the Youth Empowerment Sei ices Department, Pretrial Release and Drug Treatment Court
Programs to form the Community Justice Sei ices Department.
Acceptance of Parks and Recreation Trust Fund Grant and Adoption of Budget Ordinance Amendment
2013-04—Parks,Gardens and Senior Resources
The Commissioners accepted grant funds from the Parks and Recreation Trust Fund in the amount of
$287,817 and adopted Budget Ordinance Amendment 2013-04. The funds will be used toward a portion of the
purchase price for the 33 acre tract of land for Castle Hayne Park which was purchased with Parks Bond monies in
2011.
A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and contained in
Exhibit Book XXXV,Page 11.1.
Approval of New Hanover County Board of Education Capital Outlay Fund Budget Ordinance Amendments
#8 and#9—Budget Department
The Commissioners approved New Hanover County Board of Education Capital Outlay Fund Budget
Ordinance Amendment #8 — Budgets Public School Building Capital Fund Lottery fiords for the Hoggard High
School HVAC project in the amount of$182,000 and #9 —Records Public School Building Capital Fund Lottery
fiords for projects that have been completed in the amount of$401,334: remaining fiords can be approved for other
projects.
Copies of the budget ordinance amendments are available for review in the Budget Department.
REGULAR AGENDA ITEMS 8 AND 11
AGENDA ITEM 8 - APPROVAL OF CONTINUANCE REQUEST BY BILL SCHOETTELKOTTE, ON
BEHALF OF RIDGEWOOD HEALTH INVESTORS, LLC, TO REZONE APPROXIMATELY 37.2
ACRES OF PROPERTY LOCATED AT 8704 MARKET STREET FROM B-1 BUSINESS,B-2 HIGHWAY
BUSINESS,AND R-15 RESIDENTIAL TO EDZD EXCEPTIONAL DESIGN ZONING DISTRICT (Z-919,
06/12)
Chairman Davis reported that Bill Schoettelkotte, on behalf of Ridgewood Health Investors, LLC, has
requested in writing a continuance of the matter until the Board's August 6, 2012 meeting to allow time to address
concerns and feedback they have received regarding the project and to continue to improve it.
Chairman Davis requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to approve the continuance
request by Bill Schoettelkotte, on behalf of Ridgewood Health Investors, LLC, until the Board's August 6, 2012
meeting. Upon vote, the MOTION CARRIED 4 TO 0.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 2,2012 PAGE 432
AGENDA ITEM 11 — REMOVAL OF CONSIDERATION OF LANGUAGE TO ADDRESS
UNDOCUMENTED WORKERS IN COUNTY CONTRACTS
Chairman Davis reported that the Board's consideration of language to address undocumented workers in
County Contracts has been pulled from the agenda.
REGULAR AGENDA ITEMS OF BUSINESS
INTRODUCTION OF ENVIRONMENTAL MANAGEMENT DIRECTOR JOE SULEYMAN
County Manager Chris Coudriet introduced and welcomed Environmental Management Director Joe
Suleyman to New Hanover County. Mr. Suleyman most recently seined as operations manager for Republic
Sei ices and brings more than ten years of solid waste and recycling collections operations experience.
AUTHORIZATION FOR THE NEW HANOVER COUNTY ALCOHOL BEVERAGE CONTROL BOARD
TO SET ASIDE A PORTION OF THEIR EXCESS REVENUES IN THE AMOUNT OF 52,555,950 FOR
CAPITAL PROJECTS
Assistant County Manager Avril Finder presented for Board consideration a request to authorize the New
Hanover County Alcohol Beverage Control Board to set aside a portion of their excess revenues to the County's
general find in the amount of$2,555,950 for a capital project that would include a new distribution center, a store
for sales to mixed beverage permit holders, and administrative offices. These monies will be restricted for this
project and will not be used as a part of the ABC Board's worldng capital.
New Hanover County ABC Board Chairman Thomas Wolfe presented an update on the record revenues
received this past year stating that at their next meeting their Board will be considering allocating additional
revenues to the County.
After a brief question and answer period, Chairman Davis requested direction from the Board.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to authorize the New
Hanover County Alcohol Beverage Control Board to set aside a portion of their revenues to the County's general
find in the amount of$2,555,950 for a capital project that would include a new distribution center, a store for sales
to mixed beverage permit holders, and administrative offices as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPROVAL TO ENTER INTO AN AGREEMENT WITH KURE BEACH TO PROVIDE ROOM
OCCUPANCY TAX FUNDS FOR BEACH NOURISHMENT AND ADOPTION OF BUDGET
ORDINANCE AMENDMENT 13-001
Commissioner Catlin presented the request for the Board's consideration to provide low-interest economic
development fimding/loan from the room occupancy tax fiord to Kure Beach for beach nourishnnent. In the past,
maintenance of the beaches was funded at both the Federal and State levels through the United States Army Corps
of Engineers (USAGE). In the State's proposed Fiscal Year 2013 budget, Carolina Beach received some funding
but the funding for Kure Beach nourishment was eliminated. An interlocal agreement was put in place on December
8, 2011 between the County and Beach Towns to establish a contingency plan should Federal and/or State fiords
become unavailable. The agreement outlines that room occupancy tax finds will pay a maximum of 82.5%and the
affected town will pay a maximum of 17.5%of the total project cost.
The recommendations of the Port,Waterway and Beach Commission include the following:
• Carolina Beach—room occupancy tax finds support 27.6%of the planning estimate provided by the
USAGE.
• Kure Beach—the room occupancy tax finds support 82.5%of the planning estimate provided by the
USAGE; and
• Funds to be made available to Kure Beach at a reimbursed rate determined by the County
Commissioners not to exceed Kure Beach's responsibility for 17.5%of the planning estimate provided
by the USAGE.
Staff supports the recommendation and requests authorization to negotiate an agreement with Kure Beach
for economic development funding and reimbursement and requests the Board adopt Budget Ordinance Amendment
13-001.
Kure Beach Mayor Dean Lambeth offered comments thanldng the Board for their support in making this
happen. In response to Board questions concerning how to find the 17.5%portion in the fixture, Mayor Lambeth
reported that the long term solution has been to set-up a find within their contingency find for this expense:
approximately $75,000 annually will be set aside. The next beach nourishnnent event is scheduled for three years
from now.
After a brief discussion on the need for good communication with the municipalities and legislators,
Chairman Davis requested direction from the Board.
Motion: Chairman Davis MOVED, SECONDED by Commissioner Catlin, to authorize staff to negotiate an
agreement with Kure Beach for the economic development funding and reimbursement and adopt Budget Ordinance
Amendment 13-001 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 2,2012 PAGE 433
A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and contained in
Exhibit Book XXXV,Page 11.2.
PUBLIC HEARING AND APPROVAL OF REQUEST TO CONTINUE THE CONSIDERATION OF THE
REQUEST BY DEAN EXLINE, ON BEHALF OF SEABREEZE SEAFOOD INC., TO REZONE 2.48
ACRES OF PROPERTY LOCATED AT 1026 STATE AVENUE AND 1068 AND 1074 SOUTH
SEABREEZE ROAD FROM B-2 HIGHWAY BUSINESS TO R-15 RESIDENTIAL(Z-920,06/12)
Chairman Davis opened the Public Hearing and requested Staff to make the presentation.
Planning and Inspections Director Chris O'Keefe and Senior Planner Sam Burgess presented the request by
Dean Exline, on behalf of Seabreeze Seafood, Inc., to rezone 2.48 acres of property located at 1026 State Avenue
and 1068 and 1074 Seabreeze Road from B-2 Highway Business to R-15 Residential and presented a slide overview
of the request.
Staff is encouraged that the petitioner is requesting a rezoning modification from B-2 Highway Business to
R-15 Residential for a couple of reasons. First, the existing area of B-2 Highway Business does not lend itself to
such an intensive use considering the natural environmental constraints that exist nearby. The proposed down
zoning of a portion of existing commercial district will actually decrease any land intensity concerns in the future.
Second,it is encouraging to witness that subtle activity is beginning to emerge in an area that has been depressed for
a long period of time. This activity may provide a positive rippling effect on other nearby properties. Staff would
also recommend that a sliver or remnant piece of B-2 Highway Business property adjacent and south of the
petitioner's property (Carl Biggs property) be rezoned to R-15 Residential in addition to the portion of Seabreeze
Road South right-of-way fronting the petitioner's property. Staff recommends approval of the petitioner's request.
At the Planning Board's June 7, 2012 meeting, they voted 5-1 to recommend approval of the rezoning
request. Several nearby property owners spoke in support of the request. One nearby/adjacent landowner voiced
concerns on how setbacks would affect his property zoned B-2 Highway Business if the surrounding properties were
rezoned to R-15 Residential.
Chairman Davis asked if anyone from the public wished to speak in favor of the request.
The petitioner, Jim Spicuzza with Geo Innovation, presented an overview of the proposed project stating
that he represents the seller and four buyers wanting to build homes in this area and that he believes it would be a
positive change for the community. No significant improvements have been made in the Seabreeze area in the past
thirty years: the B-2 zoning is no longer an effective zoning for the subject property and the proposed rezoning is
low impact. They are not interested in hurting the surrounding properties and it is his desire to work with the other
property owners. They own riventy water and sewer taps, some of which they will not need,and are willing to share
with the other property owners. The topography of the land is low and structures elevation will need to be built-up
seventeen feet which is more conducive to a residence than a commercial business.
Chairman Davis asked if anyone from the public wished to speak in opposition to the request.
Thomas Congleton, 6804 Carolina Beach Road, spoke in opposition to the proposed rezoning request
reporting that under B-2 zoning district single-family dwellings are allowed with a more organized plan through a
Special Use Permit process questioning why the Petitioner did not use this process.
William Freeman, 924 Roscoe Freeman Avenue, voiced his opposition to the rezoning request stating that
he is uncomfortable with the project because he does not brow what people will do once they get in there:his lot is
very narrow and the setback requirements would make his lot unusable.
Frederick Cooper, 1003 Roscoe Freeman Avenue, requested the Board not approve the request and keep
the communit-v the same wav that it has been.
Cortland Simmons, 7169 Carolina Beach Road, requested the Board not approve the request and keep the
area zoned as it is currently stating that he would like to see businesses revitalized instead of residential
development.
In rebuttal comments, Mr. Spicuzza, addressed the concerns stating that extending the R-15 zoning is low
impact reiterating his willingness to work with both Mr. Congleton and Mr. Freeman: staff and the Planning Board
supported the rezoning request.
In rebuttal comments, Mr. Freeman stated that he is just not comfortable with the proposal and requested
the Board deny the request.
In rebuttal comments,Mr. Cooper requested the Board deny the request to protect the current zoning.
Hearing no further comments, Chairman Davis closed the Public Hearing and requested direction from the
Board.
In response to Board questions, Planning Director Chris O'Keefe reported that the special use permit
process does allow B-2 if it is part of a mixed-use development proposal with both residential and commercial uses
in an organized fashion;residential structures could be allowed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 2,2012 PAGE 434
In response to Board questions, Planning Director Chris O'Keefe reported that the Board cannot attach
conditions to a straight rezoning request.
Chairman Davis reported to Mr. Spicuzza that if the request is denied there is a twelve month waiting
period before he may resubmit and asked if he wished to proceed or did he wish to continue the matter.
In response to Board questions concerning the Board approving a conditional use permit with the condition
that the Board of Adjustment waive the set-back requirements and if this would satisfy them, Mr. Freeman
responded that it would not satisfy him,and Mr. Congleton replied that he would have to look at the overall plan.
Assistant County Attorney Sharon Huffman offered the following suggestions for the Board and
Petitioner's consideration:
• Continue the item for sixty days to allow Mr. Congleton the opportunity to submit an application to the
Board of Adjustment for set-back relief. The Board of Adjustment can condition their decision and
approve the variance contingent upon the Board's approval of the rezoning request.
• This evening, the Petitioner could designate a five-foot strip of property along the area where the
proposed property touches Mr. Congleton's property to remain B-2; it would then be B-2 zoning to B-
2 zoning and there will not be the set-back requirement allowing the Board to rule this evening.
Dean Exline,with Geo Innovation, reported that in his opinion as a surveyor, there is plenty of room in the
area to accommodate the B-2 five-foot strip but all set-back requirements would need to be considered.
In response to Board questions concerning the best way to proceed, Planning Director O'Keefe stated that
in his opinion the best way to move forward with Attorney Huffman's suggestion is to continue the item to give the
Petitioner time to define where those parcels lines would be drawn.
Chairman Davis asked Mr. Spicuzza if he wished to proceed or did he wish to continue the matter.
Mr. Spicuzza reported that he would like to have the matter continued until the Board's August 6, 2012
meeting to allow time to further consider the suggestion to designate a ship of property to remain B-2 and try to
work it out with Mr. Congleton and Mr. Freeman.
Vice-Chairman Barfield asked Mr. Freeman and Mr. Congleton if they are willing to consider the
designation of a strip of property to remain B-2. Mr. Congleton responded that he would need to seek legal counsel
but would prefer that the Petitioner market the property for commercial uses: Mr. Freeman responded that it would
not satisfy him stating that in his opinion,it is not good for the community.
Chairman Davis asked for Board direction concerning granting the Petitioner's request to continue the
consideration of the request until the Board's August 6, 2012 meeting.
Vote: The Board voted 4 TO 1 to grant the Petitioner's continuance request until the Board's August 6, 2012
meeting:Vice-Chairman Barfield voted in opposition.
BREAK
Chairman Davis called for a break from 8:10 p.m.until 8:22 p.m.
PUBLIC HEARING AND APPROVAL OF REQUEST BY JOSHUA MIHALY, ON BEHALF OF
SHELLINGTON PROPERTIES INC., TO REZONE 1.63 ACRES OF PROPERTY LOCATED AT 7627
AND 7633 MARKET STREET FROM R-15 RESIDENTIAL TO CD (O&I) CONDITIONAL OFFICE AND
INSTITUTIONAL(Z-921,06/12)
Chairman Davis opened the Public Hearing and announced that the conditional 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:
Nicole Dreibelbis
Joshua Mihaly
James Wicker
Current Planner Nicole Dreibelbis presented the request by Joshua Mihaly, on behalf of Shellington
Properties, Inc., to rezone 1.63 acres of property located at 7627 and 7633 Market Street from R-15 Residential to
CD (O&I) Conditional Office and Institutional in order to develop a professional office park and presented a slide
overview of the request. The subject properties are located between Avo non-residential uses, an existing office park
and a developed church. The Aventy-foot buffer will mitigate potential impact on the adjacent residential use,
established to the north. The traffic impact worksheet indicates the additional traffic will be minimal to the site.
Future development of the proposed pedway along the entire length of the Market Street corridor and installation of
pedestrian signals at the intersections of Bayshore and Market and Marsh Oaks and Market will mitigate impacts to
the Level of Service.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 2,2012 PAGE 435
Staff is recommending approval with the condition that the owner dedicates a twenty-foot access easement
on the subject property for fixture development of a pedway along Market Street, consistent with the Market Street
Corridor Plan and Section 6713-3 of the New Hanover County Zoning Ordinance. The Planning Board, at their June
7, 2012 meeting, voted 6-0 to recommend approval of the rezoning request and 6-0 to approve the conditional
rezoning permit including staff's suggested conditions. No one from the public spoke in support or in opposition.
Chairman Davis asked if the Petitioner wished to speak on the request noting that no one from the pubic
had signed up to speak in favor of or in opposition to the request.
In response to Board questions, James Wicker, the Petitioner, stated that they agree with the findings of
facts as presented and proposed condition and that they wished to proceed with the request. He requested Joshua
Mihaly to provide an overview of the proposed project.
Joshua Mihaly, on behalf of Shellington Properties, Inc., presented an overview of the proposed project
highlighting that it meets the findings of facts and that he does not anticipate any issues with getting the driveway
permit:water and sewer are present with no issues with capacity or taps.
Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Catlin, to approve the request by
Joshua Mihaly, on behalf of Shellington Properties, Inc., to rezone 1.63 acres of property located at 7627 and 7633
Market Street from R-15 Residential to CD (O&I) Conditional Office and Institutional in order to develop a
professional office park finding that the request is: 1) consistent with the purpose and intent of Policy 4.3 of the
2006 CAMA Land Use Plan,which references maximizing effectiveness of commercial uses by assuring that land is
available for commercial uses within close proximity to the markets they seine and by ensuring that such
commercial uses do not diminish the quality of life in nearby residential areas. Further, the Market Street Corridor
Plan, adopted April 2011, recommends fixture development of a pedway along Market Street: and 2)reasonable and
in the public interest to rezone 1.63 acres from R-15 Residential to CD (O&I) Conditional Office and Institutional in
this location in order to develop an office park between Avo established non-residential uses and buffering the
adjacent residential property to the north. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to approve the request by
Joshua Mihaly, on behalf of Shellington Properties,Inc., for a Conditional Use Permit to locate a professional office
park based on the evidence presented and the findings of facts 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 condition
that the owner dedicates a Aventy (20) foot access easement on the subject property for fixture development of a
pedway along Market Street, consistent with the Market Street Corridor Plan and Section 6713-3 of the New
Hanover County Zoning Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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 68.
A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book
IV,Page 43.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman Davis announced that time has been reserved to allow the public to present an item that was not
listed on the regular agenda. No items were presented.
ANNOUNCEMENT AND INTRODUCTION OF LISA WURTZBACHER TO FINANCE DIRECTOR
New Hanover County Manager Chris Coudriet announced that Lisa Wurtzbacher, currently seising as
Internal Auditor,has been promoted to seine as Finance Director: she will assume the duties on July 10,2012.
ADJOURNMENT
There being no further business, Chairman Davis adjourned the meeting at 8:43 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board
Please mote that the above minutes are riot a verbatim record of the l ew Hanover Couno)Board of Commissioners
meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Coulio)Libraries and
on innr.nhcgov.com H('Live or innr.nhcgov.com )gges.B0('%aspy