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2014-01-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 6, 2014 PAGE 3 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 6, 2014, at 6:00 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. Commissioner Brian M. Berger was absent. Staff present: County Attorney Wanda M. Copley; County Manager Chris Coudriet; and Clerk to the Board Sheila L. Schult. NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Rick Houston, Pilgrim Rest Missionary Baptist Church, provided the invocation and Commissioner Wolfe led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman White asked if any member of the Board would like to remove or discuss any 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 Vice-Chair Dawson, to approve 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 from the following meetings as presented by the Clerk to the Board: Agenda Review Meeting held on December 5, 2013 Regular Meeting held on December 9, 2013 Adoption of State Road Resolution – Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of Dunhill Lane, Tangelo Drive, and Kiwi Lane located within the Citrus Grove Subdivision in New Hanover County (Division File No. 1197-N) to the state road system. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 1.1. Approval of 2014 Congressional Priorities – County Manager’s Office The Commissioners approved the list of four 2014 Congressional Priorities to be submitted to the North Carolina Association of County Commissioners for consideration of inclusion in their list of Federal legislative priorities. A copy of the list of 2014 Congressional Priorities is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 1.2. Acceptance of November 2013 Tax Collection Reports – Tax Department The Commissioners accepted the following Tax Collection Reports as of November 2013: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 1.3. Adoption of Budget Ordinance Amendments – Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2014: 14-042 – Special Revenue Fund 14-043 – Sheriff’s Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page1.4. REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION AUTHORIZING THE PERMANENT ADDITION OF THE NEW HANOVER COUNTY SLAVES DEEDS INDEX BOOK INTO THE COLLECTION OF NEW HANOVER COUNTY REGISTER OF DEEDS RECORDS NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 6, 2014 PAGE 4 Chairman White read the resolution into the record stating that Dr. James C. Burke, Ph.D., along with his students Christine L. Ingram, William G. Koch, Caroline Napier Wine and the Cape Fear Community College summer Humanities Class of 2013 worked diligently researching New Hanover County's deed books, located in the Register of Deeds office, analyzing, compiling and indexing slave deeds data dated back to 1734 and were present to receive the resolution and make comments. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to adopt the resolution authorizing and sanctioning the New Hanover County Register of Deeds office to permanently add the referenced New Hanover County Slave Deeds Index Book to their collection as presented. 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 XXXVIII, Page 1.5. APPROVAL OF AIRLIE GARDENS FEE SCHEDULE ADJUSTMENTS Parks and Gardens Director Tara Duckworth provided an overview of the requested changes to the Airlie Gardens Fee Schedule to compensate for the new requirements associated with North Carolina General Statute 105- 164.4 imposing a privilege tax on retailers. The fees would be effective as of January 7, 2014. The following proposed changes were approved by the Airlie Foundation Board at their November 19, 2013 meeting:  Garden Admission: Adults (non-member) Non-Resident $9 inclusive of tax (currently $8.56 w/tax)  Concert Admission: Adults (non-member): $9 inclusive of tax (currently $8.56 w/tax)  Environmental Education Out of County Schools: $4 per child inclusive of tax (currently $3.21 w/tax)  Environmental Education Adult: $5 pp inclusive of tax (currently charged gate entry) Prices for other garden, concert, or educational admission tickets are not being increased and will become inclusive of tax, in effect reducing the admission fee for those tickets. The estimated net result of the new admission prices is near break-even at an increase of approximately $1,000 in net revenues. All admission revenues go directly to the Airlie Foundation. Annual Memberships will remain the same but will pass on taxes directly:  Individual - $40 + tax = $42.80  Family - $60+ tax = $64.20  Dogwood - $175 + tax = $187.25  Rose - $250 + tax = $267.50  Magnolia - $500 + tax = $535  Azalea - $1,000 + tax = $1,070 In addition, the following rate increases are being requested due to the increased cost of providing events to the public. The following proposed increases will include the sales tax required:  Collected at the gate:  Kayak Eco Tours: $55 inclusive of tax (currently $53.50 w/tax)  Airlie Carload pass: $27 inclusive of tax (currently $23.54 w/tax)  Advanced sales:  Oyster Roast: $85.60 pp (currently $80 + tax) Airlie Gardens Foundation Board of Directors President Zeke Partin offered comments concerning the requirement for the requested fee schedule changes and requested the Board approve the recommendation. In response to Board discussion concerning the possibility of the North Carolina Legislature rewriting the State budget during the upcoming short session and changing the requirement for local governments to pay the privilege tax, County Manager Chris Coudriet stated that the Board would have the option of returning the fees to the pre-tax amounts at that time or during the County’s budget process. Staff will keep the Board updated on any budget changes made during the General Assembly’s short session. Hearing no further discussion, Chairman White requested direction from the Board. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Barfield, to approve the changes to the Airlie Gardens Fee Schedule as presented. Upon vote, the MOTION CARRIED 4 TO 0. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY LORRAINE COLLURA TO OPERATE A CHILD CARE CENTER IN A RESIDENCE LOCATED AT 1220 POTOMAC COURT (S-616, 12/13) Chairman White 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 6, 2014 PAGE 5 Ben Andrea Lorraine Collura Current Planner Ben Andrea presented the request by Lorraine Collura for a Special Use Permit to operate a Child Care Center in their home located at 1220 Potomac Court for twelve pre-school aged children and provided a slide overview of the request. The applicant is proposing to meet or exceed all North Carolina Department of Health and Human Services Division of Child Development and Early Education regulations. Aside from the installation of a fence in the back yard for the outdoor play area, no additional outdoor improvements, including signage, are proposed for the residence in conjunction with the childcare center. Access to the site is provided via an existing residential driveway off Potomac Court. Two required off- street parking spaces will be provided by utilizing two existing spaces on the residential driveway, in addition to two spaces for owner/employee parking. The Wilmington Metropolitan Planning Organization conducted a traffic count on Potomac Court in December 2013, and the count yielded that Potomac Court had an average volume of 724 vehicles per day with a Level of Service of “A.” Based on the estimated peak hour trip generation, the proposed childcare center does not warrant a Traffic Impact Analysis. The Planning Board, at their December 5, 2013 meeting, voted 7-0 to recommend approval of the request with one neighbor speaking in opposition to the request citing concerns about noise and traffic. Staff concludes that the findings are positive. Chairman White stated that no one had signed up to speak in opposition to the request and invited the Petitioner to make comments. Lorraine Collura stated that she was available to answer any questions the Board may have. Hearing none, Chairman White closed the Public Hearing and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to approve the request by Lorraine Collura for a Special Use Permit to operate a Child Care Center for twelve pre-school aged children in their home located at 1220 Potomac Court 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. Upon vote, the MOTION CARRIED 4 TO 0. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 49. PUBLIC HEARING AND APPROVAL OF REQUEST BY BURROWS SMITH, ON BEHALF OF RIVER BLUFFS DEVELOPMENT CORPORATION, TO MODIFY A PLANNED DEVELOPMENT TO INCLUDE AN ADDITIONAL 11 ACRES AND A COMMERCIAL MARINA LOCATED AT THE WEST END OF CHAIR ROAD FROM R-20, RESIDENTIAL DISTRICT, TO PD, PLANNED DEVELOPMENT DISTRICT (Z-880M, 12/13) Chairman White opened the Public Hearing and requested staff to make the presentation. Current Planning and Zoning Supervisor Kenneth Vafier presented the request by Burrows Smith, on behalf of River Bluffs Development Corporation, to modify a planned development to include an additional eleven acres and a commercial marina located at the west end of Chair Road from R-20, Residential District, to PD, Planned Development District and presented a slide overview of the request. The subject property is located in the northwestern portion of the county and accessed from Chair Road. In March 2008, the Board of Commissioners approved a rezoning and PD Master Plan on the subject property. The master plan consisted of 207 single-family units, 47 multi-family units, 300 retirement units, and 15.17 acres of commercial use for a country store and an RV/boat storage facility as an amenity for the property owners within the development. The project occupied 236.59 acres on the western end of Chair Road, adjacent to the Cape Fear River. In September 2010, the Board of Commissioners approved rezoning an additional 92.9 acres to Planned Development included as part of the master plan for the project. This revision resulted in a maximum of 761 units; 408 single-family, 103 multi-family, and 250 retirement units, 1.5 acres of commercial space, and 10 acres of office and institutional space. All conditions of the 2008 approval remained intact, and one additional condition was added stating the Technical Review Committee would decide whether gates would be permitted within the community. At this time, the petitioner is requesting the Planned Development District boundary be extended to include approximately 11.3 acres and to amend the approved Master Plan to accommodate a Commercial Marina within the southwestern portion of the subject property. Neither the 2008 or 2010 proposal included a rezoning of this portion of the site, which is necessary to allow the commercial marina as a by-right use. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 6, 2014 PAGE 6 The commercial marina will consist of 143 docking slips on the Cape Fear River; an existing boat ramp located just north of the marina, via White Cliffs Drive, will be improved to accommodate more intense traffic. Access to the marina will be provided via Angus Drive, a 30’ wide private drive from the extension of Chair Road, which will serve as the main access road within River Bluffs. The Division of Coastal Management has issued CAMA Permit 30-13 for the marina and boat ramp with several conditions to ensure adequate protection of water quality and resources. The proposed commercial marina and boat ramp are consistent within the Conservation area based on preserving the site’s natural features. In accordance with requirements, a community meeting was held on Monday, November 18, 2013 with six people in attendance with questions regarding the project, but no opposition was voiced. The Planning Board, at their December 5, 2013 meeting, voted 6-0 to recommend approval with the condition that fuel sales at the commercial marina and boat ramp are prohibited. Staff also recommends approval noting that the Planning Board’s condition was not suggested by Staff. The Petitioner would like to revisit the condition with the Board of Commissioners. In response to Board discussion concerning the Planning Board’s condition that fuel sales at the commercial marina and be prohibited, Mr. Vafier confirmed that State permits and requirements would regulate the sale of fuel with no involvement from the County. Under the current ordinance, fuel sales are consistent with the definition of commercial marinas. Due to the location of the proposed marina, the prohibition of fuel sales may be an issue that needs to be revisited. Hearing no further questions for staff, Chairman White stated that no one had signed up to speak in opposition to the request and invited the petitioner to make comments. Matt Nichols, Attorney with Shanklin and Nichols, stated that he is representing the River Bluffs Development Corporation and presented an overview of the proposed project highlighting that the CAMA permit is already in place. Selling fuel is currently not included in the Petitioner’s plans for the marina, but after further reflection, feels that it may be appropriate for the future to have opportunity to do so. The Board held a brief discussion that the CAMA permit does not contain any restrictions on fuel sales and voiced concerns about the Planning Board’s condition that fuel sales at the commercial marina be prohibited since fuel sales are consistent with the definition of commercial marinas in the current ordinance. Hearing no further discussion, Chairman White closed the Public Hearing and requested direction from the Board. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to approve the request by Burrows Smith, on behalf of River Bluffs Development Corporation, to modify a planned development to include an additional eleven acres and a commercial marina located at the west end of Chair Road from R-20, Residential District, to PD, Planned Development District as presented but not including the Planning Board’s recommended condition that fuel sales at the commercial marina and boat ramp are prohibited and finding that the request is: 1) consistent with the Land Use Plan; and 2) reasonable and in the public interest to make changes that clarifies existing language in the ordinance. Upon vote, the MOTION CARRIED 4 TO 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE CASTLE HAYNE AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 1, 1985 is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Castle Hayne Section, Page 27. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White reported that no one had signed up to speak on non-agenda items. ADJOURNMENT Hearing no further business, Chairman White requested a motion to adjourn the meeting. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 TO 0. The meeting was adjourned at 6:51 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-line at www.nhcgov.com.