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HomeMy WebLinkAbout2012-08-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 6,2012 PAGE 451 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 6, 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: Commissioner Brian M.Berger:and Commissioner Richard G. Catlin. Staff present: County Manager Chris Coudriet: County Attorney Wanda M. Copley: and Clerk to the Board Sheila L. Schult. NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE Vice-Chairman Jonathan Barfield, Jr. provided the invocation and Commissioner Catlin led the audience in the Pledge of Allegiance to the Flag. Chairman Davis announced that Consent Agenda Item 2 -Approval of Changes to the Aviation Chapter 8 of the New Hanover County Code has been pulled for continued review. APPROVAL OF CONSENT AGENDA Chairman Davis asked if anti- member of the Board would like to remove or discuss anti- other item on the Consent Agenda. Hearing none, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Thompson MOVED, SECONDED by Vice-Chairman Barfield, to approve the Consent Agenda,Item 1 and Items 3-7,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 19,2012 Regular Meeting held on July 23, 2012 Special Meeting held on July 25, 2012 Adoption of Resolution Requesting Designation of the US 421 Port Enhancement Zone by the North Carolina Department of Commerce—County Manager The Commissioners adopted the resolution requesting the Secretary of Commerce designate Pender Commerce Park on US 421 as a Port Enhancement Zone. The southern portion of the park and the proposed zone lies within the jurisdiction of New Hanover County thus requiring the New Hanover County Board of Commissioners to request designation of the area that lies within New Hanover County. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 13.1. Adoption of BB&T Resolution and Agreement for Deposit Account, Bank of America Deposit Account Documentation Banking Resolution and Certificate of Incumbency, and Newbridge Bank Corporate Authorization Resolution—Finance Department The Commissioners adopted the BB&T Resolution and Agreement for Deposit Account, Bank of America Deposit Documentation Banking Resolution and Certificate of Incumbency, and Newbridge Bank Corporate Authorization Resolution. Copies of the resolutions are available for review in the Finance Department. Ratification of Application for 2012 Assistance to Firefighters Grant—Fire Services The Commissioners, at the request of Fire Sei ices, ratified the 2012 FEMA Assistance to Firefighters Grant application in the amount of$100,000. If awarded, the fiords will be used to purchase 200 sets of Wildland Firefighting Protective Gear. The required match of$20,000 is included in the Fire Sei ices adopted budget. A copy of the grant application is available for review in the Fire Sei ices Department. Acceptance of a 1984 Ford Tractor Donated to Fire Services and Adoption of Budget Ordinance Amendment 13-011—Fire Services The Commissioners, on behalf of Fire Sei ices, accepted a 1984 Ford LN8000 Tractor donated by Coastal Beverage Company valued at$2,000 and adopted Budget Ordinance Amendment 13-011. The tractor will be used to tow a 53-foot equipment trailer for the Urban Search and Rescue Task Force. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 13.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 6,2012 PAGE 452 Adoption of Resolution of Intent to Close a Portion of Division Drive between Castle Hayne Road (1500 Block)and the Ramp of Martin Luther King Parkway(SC-92,07/12)—Planning Department The Commissioners adopted the resolution of intent to close a portion of Division Drive located between the 1500 block of Castle Hayne Road and the ramp of Martin Luther King Parkway. The required public hearing is scheduled for September 4,2012. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 13.3. REGULAR ITEMS OF BUSINESS ADOPTION OF SOIL AND WATER CONSERVATION AWARENESS MONTH IN NEW HANOVER COUNTY PROCLAMATION New Hanover Soil and Water Conservation District Director/Conununitti- Conseivationist Diu Harrison submitted the request for the Board's consideration to proclaim August 2012 as Soil and Water Conservation Awareness Month in New Hanover County and was in attendance to accept the proclamation. Commissioner Thompson read the proclamation into the record and moved for adoption Motion: Commissioner Thompson MOVED, SECONDED by Vice-Chairman Barfield, to adopt the proclamation recognizing August 2012 as Soil and Water Conservation Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 13.4. ADOPTION OF RESOLUTION APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS Finance Director Lisa Wurtzbacher presented the request for the Board's consideration to adopt the resolution approving an amendment to an installment financing contract as follows: • Refunding 2003 Installment Financing: • Water and sewer projects, Federal Point Fire Station, Governnnent Center improvements, Airport terminal renovations • Issued under 2010 Indenture • Released 2003 collateral • 2012 Refinded Debt: • Estimated principal of$23.5 million • Interest cost 2.77% • Collateral from 2010 Indenture—Govermnent Center and Judicial Center • Proposed Savings: • Governmental projects- $494,230 • Water and Sewer projects-$2,173,485 • Average annual saving of approximately$166,732 • Total-$2,667,715 Chairman Davis requested direction from the Board. Motion: Commissioner Thompson MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution approving an amendment to an installment financing contract and providing for certain other related matters as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 13.5. PUBLIC HEARING AND APPROVAL OF 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 reported that this item was continued from the Board's July 12012 meeting to allow the Petitioner, Dean Exline, on behalf of Seabreeze Seafood, Inc., to further consider the suggestion to designate a five- foot strip of property to remain B-2 in an attempt to come to an amicable solution with the adjoining property owners to alleviate concerns over property values. He reported that the public hearing was officially closed at the July 2,2012 meeting and that tonight the Board would hear only from the Petitioners and adjoining property owners, Mr. Thomas Congleton and Mr. William Freeman. In response to Board questions, the petitioners, Mr. Dean Exline and Mr. Jim Spicuzza, Geo Innovation, reported that they are in agreement with the designation of a five-foot strip of property remaining B-2 in the areas of the proposed property that abut Mr. Congleton and Mr. Freeman's property alleviating the setback concerns. They NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 6,2012 PAGE 453 voiced their concern that the adjoining property owners were still opposed to the rezoning request even with the modifications made. In response to Board questions, Mr. Thomas Congleton, 6804 Carolina Beach Road, stated his opposition to the rezoning request even with the B-2 buffer strip. He requested that if the Board approves the request that they also require a Title Insurance policy to protect the rights of the adjacent property owners. In response to Board questions, Mr. William Freeman, 924 Roscoe Freeman Avenue, presented the Board with a petition opposing the rezoning request stating that he remains opposed to the request even with the B-2 buffer strip. In response to Board questions, County Attorney Wanda Copley advised the Board that it is in their discretion whether to consider the petition, as the signatures have not been verified, and the public hearing for the item is closed. In response to Board questions, Planning and Inspections Director Chris O'Keefe explained the ramifications concerning the buffer strip as it relates to rezoning, stating that it will be B-2 zoning to B-2 zoning and there won't be the required set-backs. He stated that the petition concerns about setback requirements have been addressed with the proposed modification. In response to Board questions concerning the desire for water access in the proposed area, Planning and Inspections Director Chris O'Keefe reported that the CAMA permitting process would be required. After a brief question and answer period, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Barfield MOVED to deny 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 finding that the request is: 1) not consistent with the purposes and intent of the "conservation°' classification in the 2006 CAMA Land Use Plan: and 2) is unreasonable and not in the public interest to rezone 2.48 acres of B-2 Highway Business to R-15 Residential. No SECOND was received, therefore, the MOTION FAILED. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to approve 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 finding that the request is: 1) consistent with the purposes and intent of the"conseivation°' classification in the 2006 CAMA Land Use Plan: and 2) reasonable and in the public interest to rezone 2.48 acres of B-2 Highway Business to R-15 Residential. Upon vote, the MOTION CARRIED 4 TO 1. Vice-Chairman Barfield voted in opposition. 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 1, Section 4,Page 91. PUBLIC HEARING AND DENIAL OF 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 opened the Public Hearing and requested Staff to make the presentation. Senior Planner Sam Burgess reported that Bill Schoettelkotte, on behalf of Ridgewood Health Investors, LLC, is requesting 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 Exceptional Design Zoning District (EDZD) for 267 apartment units and presented a slide overview of the request. Staff feels that the project proposal is reasonable since it meets the core elements and point system requirements for EDZD and recommends that a pedestrian/bike connection be made at the cul-de-sac at Grayson Park and the enhancement of pedestrian/bike access from the western end of Old Market Street to Porters Neck Road. Staff also suggests the creation of a fiord by the petitioner to contribute to a safe pedestrian crossing from the eastern right-of-way of Porters Neck to the western right-of-way. These fixture improvements will provide ability for the fixture residents of Futch Creek Village and surrounding neighborhoods to access the variety of sei ices offered within the Oak Landing shopping center. These recommendations can be reviewed at the Technical Review Committee level. The Planning Board, at their June 7, 2012 meeting, voted 5-1 to recommend approval with following conditions: • The uses allowed in the commercial section of the project shall be limited to any of the following: • Convenient Store • Drug Store • Restaurants other than fast food • Miscellaneous retail • Banks • Div Cleaners NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 6,2012 PAGE 454 • Childcare • Churches • Offices • Medical Offices • Buffers along the north and south property boundaries shall be increased to at least 30' with 90% opacity; • RV and boat trailer parking shall not be permitted in the overflow parking lot; • ``Controlled" lighting shall be used in the overflow parking areas so that they are illuminated only when residents are present:and • In addition to the improvements recommended in the TIA, the petitioner will add a second right turn lane at Old Market and Business Hivy. 17. Also, timing for the signal at the first Michigan Style turn lane heading north from the Old Market Street/Business Hwy 17 should be adjusted to accommodate increased turning volume. These recommendations are subject to NCDOT's approval. Planning Manager Shawn Ralston presented an oven-view of the EDZD process and point system highlighting that an EDZD project receives points for the following categories: • Mixed use • High density • Existing urban features • Prevent water quality degradation • Preseive habitat,biodiversit-v • Promote energy efficiency • Diminish automobile use • Promote healtliv lifestyles • Communit-v • Design flexibility • The EDZD process: • Elective District—rezoning required • CAMA Classification—All except Conseivation • There are six core criteria • 10 additional criteria to achieve 12 points minimum(26 points available) • Base Density: 6 units/acre:max density with bonus points 20 units/acre • Futch Creek Village project—EDZD Scorecard 14 points Chairman Davis asked the Petitioner to step fonvard. In response to Board questions, Joe Taylor, Attorney for the Petitioner, stated that they are ready to proceed with the request and understand that if the rezoning request is denied, there is a rivelve-month waiting period before they can resubmit it. The proposed project meets the EDZD standards and will be a better alternative for the surrounding community than any other by-right uses and will generate less traffic. Chris Bonet', LS3P, presented an overview of the project highlighting that it meets the requirements of the EDZD offering comnectivity within the surrounding community, less traffic than under current zoning uses, traffic improvements and coordination with NCDOT for adjustment of p.m. peak hour signal timings, with a study revealing that the proposed project will not have a negative impact on property values. In response to Board questions, Rynal G. Stephenson, Ramey Kemp and Associates, transportation engineers, answered questions concerning the signal light timing, number of U-tunas per hour at the heaviest traffic time,and the number of cars that can stack in the tuna lane. In response to Board questions, Metropolitan Planning Organization Transportation Planner Tara Murphy reported that in her discussions with NCDOT she does not believe they are willing to modify the superstreet that is currently in place. Chairman Davis asked if anyone from the public wished to speak in opposition to the request. Tina Ericson, 8854 Brantivood Court, representing the residents of the Porters Neck area, stated that they are opposed to the rezoning request because the proposal fails to comply with the diversity of uses measures, required density per acre,is not consistent with existing Land Use Plans,and does not meet the intent of the EDZD. In rebuttal comments for the Petitioner, Mr. Bonet' addressed comments by the opposition that the proposed project does not meet the intent of the EDZD stating that the Planning Board and staff supports the core elements of the project. He provided an oven-view of the diversity of uses that were used in the calculation of points. In rebuttal comments for the opposition, Conor Regan, 8502 Riesling Avenue, voiced his opposition to the proposed project stating his concern for traffic and safety issues and negative impact on the surrounding area. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 6,2012 PAGE 455 In rebuttal comments for the opposition, Gerald Mancuso, 8808 Tillbury Drive,voiced his opposition to the proposed project stating his concern for the diversity of uses identified within the half-mile radius. In response to Board questions, Planning Manager Shawn Ralston addressed comments made by the opposition that the proposed project does not comply with the EDZD highlighting how the point system was calculated. In response to Board questions, Wilmington Metropolitan Planning Organization Planner Mike Kozlosky reported in discussions with NCDOT there was not support for dual right turn lanes due to the limited right-of-way but the preferred solution is what is before the Board with extending the turn lane to provide additional stacking capacity. Hearing no firrther comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Commissioner Catlin voiced his concern that this project does not meet the rine intent of the Exceptional Design Zoning District as well as having concerns about traffic cutting through the neighborhoods for access. The developers have done a good job of designing the project with as little of an impact as possible, but traffic safety issues still exist,and will continue to exist in this area until changes are made. In response to Board questions to the opposition of what they would prefer to be located on this property, Ms. Ericson and Mr.Regan responded that their preference would be residential. In response to Board questions of what options the petitioner has going forward if the request is denied, County Attorney Copley responded that they would have any of the options included by-right in the current zoning. Commissioner Thompson stated that he feels that the Petitioner abided by the process that is in place for the Exceptional Design Zoning District and has received staff and Plaiming Board support. Motion: Commissioner Thompson MOVED to approve the 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 for 267 apartment units finding that the request is: 1) consistent with the purposes and intent of the Exceptional Design Zoning District outlined in Section 53.6-1 of the New Hanover County Ordinance and policies of the 2006 CAMA Land Use Plan, including natural resources, land use, and transportation: and 2)reasonable and in the public interest to rezone 37.2 acres at 8704 Market Street from R-15 Residential, B-1 Neighborhood Business, and B-2 Highway Business to EDZD Exceptional Design Zoning District with a density of approximately 7 units per acre adjacent to R-15 residential development when all the specified EDZD design criteria are implemented with the conditions as presented. No SECOND was received, therefore, the MOTION FAILED. Hearing no other motions, Commissioner Thompson restated the previous motion, with no second being received, therefore, the MOTION FAILED. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to deny the 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 finding that the request is: 1) not consistent with the intent of the Exceptional Design Zoning District: and 2) not in the public interest for reasons of traffic safety. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF VOTING DELEGATE TO THE 2012 NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS ANNUAL CONFERENCE Chairman Davis presented the request for the Board's consideration to name the voting delegate to the 105x"North Carolina Association of Count-v Commissioners Annual Conference that will be held in Wake Count-v on August 16-19, 2012. Chairman Davis and Vice-Chairman Barfield are registered for the conference. Chairman Davis requested direction from the Board. Motion: Chairman Davis MOVED, SECONDED by Commissioner Berger, to appoint Vice-Chairman Barfield as the New Hanover County voting delegate to the 105th North Carolina Association of County Commissioners Armual Conference as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Davis armounced 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 6,2012 PAGE 456 ADJOURNMENT There being no further business, Chairman Davis adjourned the meeting at 8:30 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not 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 Couno)Libraries and on innr.nhcgov.com HC'Live or innr.nhcgov.com pyges.BOCas py