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2013-08-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 5,2013 PAGE 681 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 5, 2013,at 6:05 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,NC. Members present: Chairman Woody White: Vice-Chair Beth Dawson: Commissioner Jonathan Barfield, Jr.:and Commissioner Thomas Wolfe. Staff present: County Attorney Wanda M. Copley: County Manager Chris Coudriet: and Clerk to the Board Sheila L. Schuh. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Chairman White led the audience in a moment of silence and Commissioner Wolfe led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman White asked if anti- member of the Board would like to remove or discuss anti- item on the Consent Agenda. Hearing no comments, Chairman White requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, 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: Special Meeting held on July 11, 2013 Agenda Review Meeting held on July 11,2013 Regular Meeting held on July 15, 2013 Closed Session Meeting held on July 15, 2013 Approval of Annual Salary and Monthly Auto Allowance Increase and Extension of Employment Agreement for the County Manager—Governing Body The Commissioners approved the award of the following to County Manager Chris Coudriet: • An annual salaiv in the amount of$175,000:and • An increase in monthly auto allowance from$300 to$500:and • An extension of his employment agreement until June 30,2017. A copy of the employment agreement is available for review in the Legal Department. Acceptance of Funding from the North Carolina Department of Transportation to Supplement the Federal Highway Administration's Safe Routes to School Program and Adoption of Budget Ordinance Amendment 2014-06—Planning and Inspections Department The Commissioners accepted finding from the North Carolina Department of Transportation to Supplement the Federal Highway Administration's Safe Routes to School Program in the amount of$200,000 and adopted Budget Ordinance Amendment 2014-06. The fiords will be used to supplement existing finding for the Middle Sound Bicycle/Pedestrian Project;no local match is required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 13.1. Adoption of Resolution Authorizing the Sole-Source Purchase of a Patented Posi-Shell Applicator from LSC Environmental—Environmental Management The Commissioners adopted the resolution authorizing the sole-source purchase of a patented Posi-Shell applicator to produce cover material for the landfill from LSC Environmental. The purchased equipment will replace the current leased equipment and be more cost effective. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 13.2. Adoption of Resolution Authorizing the Repair,Restoration and Rebinding of Register of Deeds Index Books —Register of Deeds The Commissioners adopted the resolution authorizing the removal of index books from the Register of Deeds for repair,restoration and rebinding:this is Phase 2 of the restoration. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 13.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 5,2013 PAGE 682 Approval of the 2013 Charge of Levy—Tax Department The Commissioners, pursuant to North Carolina General Statute 105-321 and 105-347, approved the 2013 Charge of Levy-. A copy of the charge is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 13.4. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2014: 14-004- Sheriffs Office 14-005 - Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI,Page 13.5. Appointment of Vice-Chair Dawson as Voting Delegate to the North Carolina Association of County Commissioners 2013 Annual Conference—Governing Body The Board appointed Vice-Chair Dawson as voting delegate to the North Carolina Association of County Commissioners 2013 Annual Conference to be held in Guilford County,North Carolina on August 22-25, 2013. REGULAR AGENDA ITEMS OF BUSINESS ADOPTION OF PROCLAMATION DECLARING AUGUST 4 — 10, 2013 AS COAST GUARD WEEK IN NEW HANOVER COUNTY Vice-Chair Dawson presented the request for the Board's consideration to adopt the proclamation declaring August 4 — 10, 2013 as Coast Guard Week in Nero Hanover County. USCG Sector North Carolina Captain Sean Murtagh and USCG Cutter DILIGENCE Commander Jeffrey K. Randall were present to receive the proclamation. Vice-Chair Dawson read the proclamation into the record and moved for adoption. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to adopt the proclamation declaring August 4 — 10, 2013 as Coast Guard Week in New Hanover County as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXVI,Page 13.6. PUBLIC HEARING ON MASON INLET RELOCATION PROJECT ASSESSMENT AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 14-008 TO BUDGET 50% SHARE OF BIRD MONITORING CONTRACT EXPENSES FOR MASON INLET WATERBIRD HABITAT MANAGEMENT PLAN AND TO DIRECT STAFF TO PUBLISH THE NOTICE OF CONFIRMATION Finance Director Lisa Wurtzbacher reported that on June 17, 2013, the Board adopted a preliminary assessment resolution for Mason Inlet Relocation Project costs having determined total cost to be assessed. Pursuant to North Carolina General Statute 153A-195 the Board is required to conduct a public hearing to hear all interested persons with respect to any matters covered by the preliminary assessment resolution. The following information concerning the assessment was presented: • Figure 8 Island Assessment: • $5.50 per net cubic yard of sand placed on beach • Oceanfront property owners assessed -equal rate per foot of frontage abutting the shoreline • Non-oceanfront property owners assessed -basis of value of land without improvements • Northern Wrightsville Beach Assessment: • Based on relative risk within the predicted"zone of influence" of the migrating inlet • Distance risk factor—feet from the inlet • Property risk factor—appraised land value • Assessment Payment Terms: • Bills will be mailed Feb. 1, 2014 and paid interest free until Feb. 28, 2014 • Offered payment terms consistent with previously adopted resolution: • Five annual payments • Competitive interest rate of seven percent(7%) • Currently personal loan rates range from 6.99%to 15.99% • Required Public Hearing: • The basis for the assessments was established June 21, 1999 • For consideration of the clerical and mathematical accuracy of individual assessments Chairman White noted that no one had signed up to speak on this item and requested direction from the Board. Commissioner Wolfe stated that he would like to see the Board return to the originally approved 50150 split finding formula with the Mason Inlet Preseivation Group for the bird monitoring contract in the amount of$25,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 5,2013 PAGE 683 and moved the following motion foiNvard. If approved, this will reverse the Board's July 12, 2013 decision assessing the Mason hilet Preseivation Group with 100%of the monitoring contract cost. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to adopt Budget Ordinance Amendment 14-008 to budget 50% share of bird monitoring contract expenses for Mason Inlet Waterbird Habitat Management Plan and to direct staff to publish the Notice of Confirmation. Upon vote, the MOTION CARRIED UNANIMOUSLY. The time noted was 6:23 p.m. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXVI,Page 13.7. CONTINUATION OF REQUEST BY JANIE WALKER FOR A SPECIAL USE PERMIT TO LOCATE AN IN-HOME CHILD DAYCARE FOR EIGHT CHILDREN LOCATED AT 4432 JASON COURT (5-590M, 07/13) Chairman White reported that the petitioner, Janie Walker, has requested this item be continued to a fixture date:by consensus of the Board,the item was approved to be continued. PUBLIC HEARING AND APPROVAL OF REQUEST BY PARAMOUNT DEVELOPMENT CORPORATION, ON BEHALF OF NEW HANOVER REGIONAL MEDICAL CENTER EMPLOYEE PENSION TRUST AND THE YMCA OF WILMINGTON, INC., TO REZONE 44.68 ACRES LOCATED AT 8025 AND 8107 MARKET STREET FROM B-2 HIGHWAY BUSINESS AND R-15 RESIDENTIAL TO CZD (B-2), CONDITIONAL ZONING DISTRICT HIGHWAY BUSINESS FOR THE PURPOSE OF DEVELOPING A RETAIL CENTER(Z-926,06/13) Chairman White opened the Public Hearing and requested staff to make the presentation. Planning and Inspections Director Chris O'Keefe presented the request by David Harper with Paramount Development Corporation, on behalf of New Hanover Regional Medical Center Employee Pension Trust and the YMCA of Wilmington, Inc., to rezone 44.68 acres of property located at 8025 and 8107 Market Street from B-2 Highway Business and R-15 Residential to CZD (B-2) Conditional Zoning District Highway Business in order to develop a retail center and presented a slide overview of the request. At the Planning Board's July 11, 2013, meeting they voted unanimously to approve the request. Three people spoke in opposition to the request citing concerns with internal access leading into the neighboring Medac facility and traffic concerns on Market Street. The following fourteen conditions were included in the Planning Board's approval: 1. Complete all roadway improvements as recommended in the TIA and incorporated within a NCDOT Encroachment Permit prior to the issuance of an occupancy permit. 2. Construct and dedicate Hays Lane as a public collector road meeting or exceeding minimum NCDOT standards along with a maintenance agreement until such time that the road is accepted and maintained by NCDOT. 3. Receive certification from the Army Corps of Engineers (Corps) for the wetlands onsite prior to development approval,and adapt site plan as necessary to comply with Corps permit requirements: 4. At such time as a bus route begins operation to the site, developer will work with the Cape Fear Public Transportation Authority (WAVE Transit) to construct a bus shelter and trash receptacles on the east side of the Wal-Mart facility. 5. As the budget allows, install landscaped median sections. Responsibility for maintenance of median sections will be defined in a development agreement and subject to approval of the Board of Commissioners. 6. The site plan should display the inverted islands with the parking area in front of Wal-Mart and the off- site street labeling of Hays Lane. 7. Provide a sound wall along the anchor tenant rear wall packs that is at least 10' in height. 8. Shield the perimeter lights. 9. No pole lights along the anchor tenant rear drive. 10. Limit the height of the rear wall packs. 11. No overnight RV parking. 12. Augment perimeter tree buffer area with minimum 10' trees to eliminate any bare areas along the anchor tenant rear property line. 13. No breaks in the back fence located near the Countiv Haven subdivision. 14. Raise parapet wall 3' along rear and side of anchor tenant. Twelve of the fourteen Planning Board conditions have been incorporated into a revised site plan that was submitted to staff after the Planning Board decision and is before the Board for consideration with the two remaining conditions: 1. Receive certification from the Army Corps of Engineers (Corps) for the wetlands onsite prior to development approval,and adapt site plan as necessary to comply with Corps permit requirements:and 2. As the budget allows, install landscape median sections. Responsibility for maintenance of the median sections will be defined in a development agreement and subject to approval of the New Hanover County Board of Commissioners. Staff would like for this to be a pilot program and be maintained through the Parks Department budget. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 5,2013 PAGE 684 Staff's recommendation includes the two conditions listed by the Planning Board in their approval but not included in the current site plan,as well as the following conditions: 1. Complete all roadway improvements as recommended in the TIA and incorporated within a north Carolina Department of Transportation (NCDOT) Encroachunent permit period to the issuance of an occupancy permit:and 2. Construct and dedicate Hays Lane as a public collector road meeting or exceeding minimum NCDOT standards along with a maintenance agreement until such time that the road is accepted and maintained by NCDOT; and 3. Receive certification from the Army Corps of Engineers (Corps) for the wetlands onsite prior to development approval,and adapt site plan as necessary to comply with Corps permit requirements;and 4. As the budget allows, install landscape median sections. Responsibility for maintenance of the median sections will be defined in a development agreement and subject to approval of the New Hanover Comit-v Board of Commissioners. The subject properties are classified as Transition according to the 2006 CAMA Land Use Plan and are located within the Market Street Corridor Plan and the Porters Neck Small Area Plan. In response to Board questions, Director O'Keefe reported that Wal-Mart is allowed in the current B-2 Zoning by-right. The Petitioner is willing to post no overnight RV parking signage: zoning compliance staff and local law enforcement would be the enforcement. Chairman White invited the Petitioner to make comments. The Petitioner, David Harper with Paramount Development Corporation, provided a brief history of the project and presented a slide overview of the request reporting that the plan includes a ten-foot high wall on 2-3 foot berm: no pole lights will be installed along the rear drive with rear perimeter tree buffer augmented with minimum height of trees more than ten feet tall. The proposed rezoning request is consistent with the County's Land Use Plan and gives the County more control than the broader current zoning of B-2. The roadwork will be completed at night with site deliveries taking the logical by-pass route. The on-site work is anticipated to take rivelve months and the road work between three and four months. With the completion of the US 17 Bypass, traffic in the area has seen a decrease, with the trend anticipated to continue with the ongoing completion of that bypass and the upcoming Military Cutoff Extension project. John Gizdic, New Hanover Regional Medical Center (NHRMC) Chief Operating Officer, stated NHRMC support of the rezoning request stating that with the sale of their property that they no longer need,they will have the capital for the hospital's expansion in the Porter's Neck area for a free-standing emergency room and imaging center allowing patients to be better seined at one location. Dick Jones, YMCA Chief Executive Officer, stated his support of the rezoning highlighting that the sale of their property will allow the YMCA to retire current debt and allow for expansion of community programs and begin a much needed rebuilding of the facility located on Market Street. The Board received comments from the following persons in favor of the rezoning request: • Robert Parr, 6706 Falcon Pointe Road, representing Ortho Wilmington/Sea Mist LLC, spoke in favor of the rezoning request sharing concerns that he has with the shared access and internal intersection. • Doug Shaw, 401 River Landing Drive, spoke in support of Wal-Mart project and the employment opportunities that it will bring as well as cutting down on traffic by having shopping more convenienth-located. • Alison Johnson, 7316 Quail Woods Road, voiced her support of the project and being able to shop where you live. • David Starling, 7305 Fisherman Creek Drive, voiced his support of the proposed project citing the convenience in traffic heading north on US 17 and will look forward to shopping at the proposed Wal- Mart. • Durwood Sykes, 116 Cypress Avenue, voiced his support of the proposed project citing the convenience he finds in heading to shops north on Market Street. The Board received comments from the following persons in opposition to the rezoning request: • Mark Thornton, 7914 Olde Pond Road, representing Mendenhall and Countiv Haven Homeowners Associations, presented the Board with a petition opposing the request to rezone the property located on 8025 Market Street citing concerns of increased traffic and safety and the negative impact on their properties. • Edward McCormick, 129 Country Haven Road, stated his opposition to the project next to a residential neighborhood voicing his concern of an increase in traffic on private roads from Gold's Gym patrons as well as the proposed project will create additional traffic problems. • Todd Bartlett, 7915 Olde Pond Road, stated his opposition to the project being located next to a residential complex due to the 24 hours of operation,noise,traffic congestion, crime and safety. • Bobby Brown, 369 Shore Point Drive, voiced his concern about stormivater runoff into Pages Creek and the negative impact the proposed project will have on the surrounding area and property values. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 5,2013 PAGE 685 In rebuttal comments concerning traffic impact, Rynal Stephanson traffic engineer with Ramey Kemp and Associates, clarified that the estimated volume of daily new trips generated from the site at build-out would be approximately 10,000 with that number split between approximately 60% vehicles heading south and 40% to the north. In rebuttal comments concerning any negative impact on property values, Mr. Harper stated that according to information received from local residential brokers, the consensus was that homes in the medium to medium-high price range, in close proximity to an appropriately buffered well-designed commercial development,will not have a negative impact but will realize a positive impact on their property value due to the convenience of amenities in close proximity. In response to concerns about patrons of Gold's Gym misusing the access roads, Mr. Haffner stated that the residents need to take the issue up with the owners/management of Gold's Gym. Gold's Gym has a deeded access to Market Street,not to the private road. In response to concerns about crime and safety, Mr. Haffner stated that the grounds will be well lit to deter crime and the retention ponds have been designed according to stringent regulations. In rebuttal, Pete Pur ington, 601 Highgreen Drive, voiced his opposition to the proposed rezoning request due to the increase in traffic and congestion and safety issues. Hearing no ftarther comments, Chairman White closed the Public Hearing and requested direction from the Board. In response to Board questions, Mr. Haffner, confirmed that he wished to proceed with the proposed rezoning request with the conditions and findings of facts that were approved by the Plaimiing Board and recommended by Staff. Commissioner Barfield stated his support of the project as it will bring needed jobs to the area as well as amenities and conveniences near neighborhoods will actually decrease traffic. The Board held a discussion concerning the proposed conditions to be included with approval of the request. BREAK Chairman White called for a break from 8:30 p.m.until 8:43 p.m. In response to the Board's discussion concerning landscaped medians verses concrete medians, County Manager Chris Coudriet reported that landscaped medians were included in the Market Street Corridor Plan as adopted by the Board but the plan adoption was without the Rill-effect of the law: the wording included in the condition `as the budget allows" reflects this. The cost of the landscaped medians is estimated to be between $150,000 and $200,000. At Board direction, staff can move forward with incorporating the Market Street Corridor Plan into local law. The County is prepared, through the Parks Department budget, to take on the maintenance of landscaped medians. After brief discussion with Assistant County Attorney Sharon Huffman and Director O'Keefe concerning the conditions to be included in a motion to approve the request and hearing no ftirther comments, Chairman White requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to approve the request by David Harper with Paramount Development Corporation, on behalf of New Hanover Regional Medical Center Employee Pension Trust and the YMCA of Wilmington, Inc., to rezone 44.68 acres of property located at 8025 and 8107 Market Street from B-2 Highway Business and R-15 Residential to CZD(B-2)Conditional Zoning District Highway Business in order to develop a retail center finding that the request is: 1) consistent with the purposes and intent of the Transition Land Classification and Policv 4.3 of the 2006 CAMA Land Use Plan and consistent with the purposes and intent of the Porters Neck Small Area Plan;and 2)reasonable and in the public interest to rezone 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business as presented with the following conditions: 1. Complete all roadway improvements as recommended in the TIA and incorporated within a North Carolina Department of Transportation (NCDOT) Encroachnnent permit period to the issuance of an occupancy permit:and 2. Construct and dedicate Hays Lane as a public collector road, meeting or exceeding minimum NCDOT standards along with a maintenance agreement, until such time that the road is accepted and maintained by NCDOT: and 3. Receive certification from the Army Corps of Engineers (Corps) for the wetlands onsite prior to development approval,and adapt site plan as necessary to comply with Corps permit requirements:and 4. As the budget allows, install landscape median sections. Responsibility for maintenance of the median sections will be defined in a development agreement and subject to approval of the New Hanover Comit-v Board of Commissioners:and 5. The Developer will be responsible for installing``no overnight RV parking" signage:and 6. The renderings,as submitted in the petitioner's application,are incorporated into the site plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 5,2013 PAGE 686 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 Julv L 1971 AND 8B ADOPTED July 7, 1972 is hereby incorporated as a part of the minutes and is contained in Zoning Book 1, Section 5,Page 70 and Zoning Book 11, Section 813,Page 72. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White announced that no one has signed up to present an item that was not listed on the regular agenda. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 9:00 p.m. Respectfirlly 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.lzhcgov.com )ages.B0('%aspy