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HomeMy WebLinkAbout2014-11-03 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 3, 2014 PAGE 163 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 3, 2014, at 4:00 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 Manager Chris Coudriet; County Attorney Wanda M. Copley; and Interim Clerk to the Board Teresa P. Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Shawn Blackwelder, St. Paul's United Methodist Church, provided the invocation and Commissioner Barfield 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. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Barfield, 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 meeting as presented by the Clerk to the Board: Regular Meeting held on October 20, 2014. Adoption of Proclamation Recognizing November 8 - November 15, 2014 as Coast Guard Cutter DILIGENCE Week The Commissioners adopted a proclamation recognizing November 8 - November 15, 2014 as Coast Guard Cutter DILIGENCE Week in New Hanover County. The DILIGENCE will be celebrating its fiftieth anniversary of service to the nation and twenty-second anniversary of service to New Hanover County on Tuesday, November 11, th 2014. Vice-Chair Dawson will present the proclamation during the November 11 celebration. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 18.1. Approval of Amendment to an Interlocal Agreement with the City of Wilmington Regarding Wave Transit The Commissioners approved Amendment No. 1 to the Interlocal Agreement between New Hanover County and the City of Wilmington to create a Public Transportation Authority and to jointly fund and support the Authority. The amendment was a result of joint meetings held in the past year to resolve issues regarding the original contract that was approved on April 7, 2004. Wilmington City Council will be voting to approve the amendment at its November 4, 2014 meeting. A copy of the amendment to the agreement is available for review in the County Attorney’s Office. Adoption of Proclamation Recognizing Adoption Awareness Month The Commissioners adopted a proclamation recognizing the month of November as Adoption Awareness Month in New Hanover County in appreciation of the adoptive mothers and adoptive fathers for their commitment to children and to encourage the community to honor the special needs of the County’s children in hopes of securing a permanent, loving family for each and every child regardless of race, age, gender, health, emotional or behavioral condition or past distress. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 18.2. Adoption of Budget Amendments The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2015: 15-021 Department of Social Services 15-022 Sheriff’s Department Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 18.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 3, 2014 PAGE 164 REGULAR ITEMS OF BUSINESS INTRODUCTION OF NEW DIRECTOR OF THE CAPE FEAR MUSEUM County Manager Coudriet introduced and welcomed Sheryl Mays, the new director of the Cape Fear Museum. She begins her new position with the County on November 4, 2014. Ms. Mays expressed appreciation in being part of New Hanover County and commented that she looks forward to working with the museum staff and County leadership to continue bringing exceptional programs and services to the community. The Commissioners welcomed Ms. Mays to New Hanover County. NEW HANOVER COUNTY COMPREHENSIVE PLAN UPDATE AND PRESENTATION AND ADOPTION OF THE EXISTING CONDITIONS CHAPTER OF THE COMPREHENSIVE LAND USE PLAN Jennifer Rigby, Long Range Planner of the Planning and Inspections Department, provided an update of the planning process for the Comprehensive Plan and the next chapter of the Plan for the Existing Condition Report highlighting the following: NHC Plan:  Chapter 1: Public Engagement Plan adopted by the Commissioners November 2013  Chapter 2: Evaluating the Present: An Existing Conditions Report  Draft Presented at the Public Launch in February 2014  Critical building block in developing future land use map  Chapter 3: Framing the Policy  Six theme committees provide framework for Citizens Advisory Committee  Chapter 4: Visualizing the Future  An illustration of growth and development scenarios for community growth for next 25 years  Chapter 5: Sustaining the Vision  Develop policies and preferred growth patterns on future land use map and implementation strategy Chapter 2: Evaluating the Present: An Existing Conditions Report:  Demographic information on the current state of New Hanover County for the following topics:  Population – Historic Population Growth of the County  Land Development:  Developed vs. Undeveloped Areas  Land Cover Data  Conservation Data  Land Use  Zoning  Housing:  Housing Occupancy  Affordable Housing by Location  Public Housing and Housing Assistance  Housing Costs, Value, and Foreclosures  Transportation:  Road Classifications  Commuting Patterns  Bus and Transit Service  Bicycle and Pedestrian Facilities  Rail  North Carolina Port of Wilmington  Airport  Economy:  Median Income  Employment by Sector  Largest Employers  Occupational Wages  Unemployment  Infrastructure and Urban Services:  Waste Management and Recycling  Energy Generation and Usage  Electrical System and Power Sources  Renewable Resources  Water and Wastewater  Stormwater  Telecommunications NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 3, 2014 PAGE 165  Education  Crime  Parks  Historic Architecture  Environment and Natural Resources:  Water  Watersheds  Water Quality  Impaired Waters (303d)  Air Quality  Hazard Areas  Wetlands  Soils  Conservation Easements  Biodiversity In conclusion, Ms. Rigby requested the Commissioners adopt a resolution validating Chapter 2: Existing Conditions for inclusion as part of the Comprehensive Plan. The Planning Board voted unanimously to recommend adoption of the report at its October 2, 2014 meeting. In response to questions on the availability of the report, Ms. Rigby reported that the information is available on the County’s website at www.plannhc.com and they plan to notify other groups of the report in order to inform as many citizens as possible of the data. Motion : Vice-Chair Dawson MOVED, SECONDED by Commissioner Barfield, to adopt the resolution validating the Second Chapter: An Existing Conditions Report within the Comprehensive Plan. 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 18.4. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY INLET WATCH DEVELOPMENT PARTNERS TO DEVELOP A MIXED USE DEVELOPMENT ON THREE PARCELS TOTALING SEVEN ACRES LOCATED AT 7261 AND 7275 CAROLINA BEACH ROAD (S-619, 5/14) 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: Ken Vafier Chris O’Keefe Michael Lee Anthony Law Adam Sosne Ben Eisenberg Garry Pope Daniel Cumbo David Braddy Josh Mihaly Ken Vafier, Planning Manager, presented the request by Inlet Watch Development Partners to develop a mixed-use development on three parcels totaling seven acres located at 7261 and 7275 Carolina Beach Road. The property is currently zoned B-1, Business District, and classified as Transition and Conservation Area according to the 2006 CAMA Land Use Plan. The subject property is located on the southeastern corner of the intersection of Carolina Beach Road and Radnor Road in southern New Hanover County. The item was continued from the October 6, 2014 Commissioners meeting at the request of the petitioner to allow further coordination of the transportation improvements with NCDOT, Wilmington Metropolitan Planning Organization (WMPO), and staff. The proposed development would have 93 apartments consisting of 48 two-bedroom units and 45 one- bedroom units plus 2,500 square feet of commercial space. The residential and commercial components of the proposal are contained within one 40,138 square-foot building, which serves as the main structure on the site. Shared parking, landscaping, stormwater management, open space, and an amenity area are also proposed to be provided on the seven-acre site in accordance with County regulations. At the July 10, 2014 Planning Board meeting, no one from the public spoke in support of the request. An attorney for the Inlet Watch Homeowners Association spoke in opposition to the request, citing concerns about traffic, drainage and stormwater effects, effects on the bulkhead of the adjoining marina, and property value impacts. The Planning Board voted 6-0 to recommend approval of the request with the following conditions: keep adjacent property owners abreast of permitting and development progress and the name “Inlet Watch” may not be used in association with the development. The petitioner agreed to the conditions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 3, 2014 PAGE 166 After the Planning Board meeting, the item was delayed to allow time for a traffic impact analysis (TIA). Originally, an incorrect calculation led to an inaccurate peak hour trip projection that was below the TIA threshold. The corrected peak hour trip projection warranted a TIA. The WMPO recommended a 100-foot right turn lane to access the site from the northbound lanes of Carolina Beach Road and to convert the existing full movement median crossover at St. Vincent Drive to a directional crossover and installing a signal for a left/U-turn movement at the intersection. Water and sewer service is available for the site from Aqua NC. Less than one-half acre of wetland is proposed to be filled on the eastern portion of the development to accommodate a parking area. The site is generally designed around the wetlands and conservation areas and impacts to these areas are minimized. A portion of the building and parking area is within the 100-year flood plain and must comply with the County’s Flood Damage Prevention Ordinance. Staff concludes that the proposal meets the requirements of Section 72-37 of the Zoning Ordinance and CAMA Land Use Plan and the four findings of fact are positive. Staff recommended approval of the Special Use Permit with the following conditions:  Commercial uses shall be limited to those specified as being permitted by right in the B-1, Neighborhood Business District in the Retail section of the Table of Permitted Uses, with the exception of an Automobile Service Station. The following commercial uses within the table may also be permitted: Barber/Beauty Shop, Business Services Including Printing, Personal Services, and Child Care Center;  Keep adjacent property owners abreast of permitting and development progress;  The name “Inlet Watch” may not be used in association with this development; and  Implementation of all roadway improvements agreed upon between developer, WMPO, NCDOT, and New Hanover County staff. Chairman White invited the petitioner to present comments. Michael Lee, attorney representing the petitioner, Inlet Watch Development Partners, LLC, provided an overview of the request stating that they agree with staff findings of fact and the recommended conditions. He clarified that the uses identified in the conditions are by right in a B-1 Business District and are set forth in the Special Use Permit as a condition. He requested the Board revise the wording of the last condition concerning the roadway improvements to be limited to the NCDOT’s driveway permit, which the WMPO, NCDOT and staff have reviewed and agreed. The wording would change to: “Implementation of all roadway improvements imposed by NCDOT’s driveway permit issued in connection with the project.” In response to questions on proposed commercial uses, Attorney Lee responded that no decisions had been made on commercial uses for the proposed project but asked for the inclusion of the four commercial uses because they may be more conducive to the development. Chairman White reported that one person had signed up to speak in favor of the request and none in opposition of the request. David Braddy, pastor of Cape Fear Baptist Church located on Carolina Beach Road, spoke in favor of the proposed project but opposed the presence of the pornography store located next to the site. He briefly spoke on the detrimental impact of pornography on society, he asked the Board to consider the negative impact that the adjacent store would have on the property value of the proposed project, and he expressed concern for the safety of children who might live in the apartments or stay at a possible childcare service near the store. Chairman White closed the public hearing and requested direction from the Board. In response to the question on whether to proceed in the matter or ask for a continuance noting that if denied, the item may only be resubmitted at the discretion of the Planning Director, Attorney Lee responded that they wish to proceed with the request. In response to questions on changing the road improvement condition to indicate the NCDOT driveway permits, Mr. Vafier responded that staff agreed with the petitioner’s wording as Staff’s recommendation was written prior to knowing the specific language of the TIA. Regarding the request for additional information on the TIA, Mr. Vafier responded that the report was very lengthy, but he would include the TIA with future planning items when available. He reported that the WMPO showed traffic counts for the area in April 2014 of an average daily volume of 27,339 and a design capacity of 29,300 vehicles per day, which represents an overall level of service of E. In response to concerns expressed at the Planning Board meeting on imposing conditions on hydrology and stormwater issues and traffic, Attorney Lee responded that although the opposition had expressed concerns, the engineers from both sides met to discuss the proposed plan but no specific issues were raised. He expressed concern with imposing conditions when no specific concerns were known and he argued that due process would address stormwater requirements. In response to questions on density, Mr. Vafier explained that the section of the Zoning Ordinance as well as the section of the CAMA Land Use Plan do not have specific limits on density in transition areas so the density as proposed is essentially in compliance. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 3, 2014 PAGE 167 Chairman White requested direction for the Board. Motion : Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to grant a Special Use Permit to Inlet Watch Development Partners to develop a mixed use development on three parcels totaling seven acres located at 7261 and 7275Carolina Beach Road 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 following conditions: 1. Commercial uses shall be limited to those specified as being permitted by right in the B-1, Neighborhood Business District in the Retail section of the Table of Permitted Uses, with the exception of an Automobile Service Station. The following uses within the table may also be permitted: Barber/Beauty Shop, Business Services Including Printing, Personal Services, and Child Care Center; 2. Keep adjacent property owners abreast of permitting and development progress; 3. The name “Inlet Watch” may not be used in association with this development; and 4. Implementation of all roadway improvements imposed by NCDOT’s driveway permit issued in connection with the project. Upon vote, the MOTION CARRIED 4 TO 0. A copy of an order granting a Special Use Permit and listing the findings of fact is contained in SUP Book IV, Page 52.1. BREAK : Chairman White called a break from 5:00 p.m. to 5:30 p.m. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY DESIGN SOLUTIONS ON BEHALF OF GORDON ROAD INVESTMENTS, LLC TO DEVELOP A 328-UNIT MULTIFAMILY HIGH DENSITY RESIDENTIAL PROJECT AT 4645 GORDON ROAD (S-621, 10/14) 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: Ben Andrea Chris O’Keefe Cindee Wolf Joseph H. Stillwell Edward G. Wetherwill Jason D. Swain H. David Swain Samuel Howie Ben Andrea, Current Planning and Zoning Supervisor presented the request by Design Solutions, on behalf of Gordon Road Investments, LLC, to develop a 328-unit multifamily high-density residential project at 4645 Gordon Road. The property is currently zoned R-15, Residential District, and classified as Urban and Conservation Area according to the 2006 CAMA Land Use Plan with the northernmost portion of the parcel classified as Transition. The property consists of 43.82 acres and is located at the 4600 block of Gordon Road near the onramp to westbound Interstate 40. The site is undeveloped and bordered by single-family residential uses to the southeast and Interstate 40 to the west. Smith Creek Park is to the north and consists of some flood hazard areas and wetlands. The northern portion of the property is bound by county-owned property intended for parks and recreation use. Single-family residential uses exist to the east, and a conditional use rezoning for a convenience store and boat storage area was approved for the parcels zoned B-1(CUD) adjacent to the interstate onramp. The 328 residential units would be contained within 14 buildings and each building would have three stories except one building would have two stories. Access to the site would be from a new driveway on Gordon Road that runs north adjacent to the existing homes on Blount Drive. A roundabout is proposed along the access road and would connect to Shaw Drive, a public road. A third gated access would also be provided at the end of Blount Drive and available for emergency ingress and egress to the site. At the August 13, 2014 meeting, the County’s Technical Review Committee voted unanimously to recommend approval of the project with eight conditions incorporated with the proposal. Parking, buffers and setbacks all conform to requirements with the Zoning Ordinance. The plan also meets requirements of Section 72-43 of the Zoning Ordinance. At a community information meeting held on August 28, 2014, several residents expressed concerns on traffic issues and impact on property values, as well as concerns about buffering along the entrance road and the type of market that would be targeted for the apartment complex. At the Planning Board meeting on October 2, 2014, some expressed opposition and had concerns with the access drive near the existing residential homes, the potential of increased traffic with the connection to Shaw Drive, drainage, future road maintenance, location of gate, emergency access, placement of fire hydrants, and privacy fencing between the project and the neighborhood. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 3, 2014 PAGE 168 Planning Board voted unanimously to recommend approval of the Special Use Permit with no conditions. Staff recommends approval which is supported by the four findings of fact. In response to Board questions, Mr. Andrea reported that water and sewer infrastructure runs along a utility easement on the southern portion of the property and along Blount Drive. Existing residents object to interconnectivity due to increased traffic burdens, but Planning Staff encourages interconnectivity when possible because of better traffic flow and better emergency service delivery. Chairman White invited the petitioner to make comments. David Swain, of Gordon Road Investments, LLC, requested the Commissioners approve the special use permit for a high-density development and said he agreed to staff’s findings of fact. He noted that two years ago he sold 85 acres of the 125-acre tract on Gordon Road to the County to enhance Smith Creek Park. The remaining 43 acres were set aside to develop Smith Creek Village Apartments. As a member of the community for 25 years with a history of developing very attractive and high-quality properties, he assured the Commissioners that he plans to develop a high quality project for the community off Gordon Road. Cindee Wolfe, representing the petitioner, provided a brief overview of the proposed high-density project. She said that in time Gordon Road would be a four-lane road and provide better traffic flow than the current two- lane road. Prior to Mr. Swain’s purchase, the property had been approved for water and sewer extension and a driveway permit had been issued. Access to the complex will be provided by a private street right-of-way from Gordon Road to Shaw Drive with a roundabout connection at Shaw Drive. The road is offset with a twenty-foot buffer between the road and the back of the Weaver Acres Subdivision and would provide interconnectivity to properties west that have the potential to be developed commercially. Entrance to the multi-family complex would be at the roundabout and it is designed to separate the complex from the established neighborhood of Weaver Acres. A community center with pool and clubhouse and onsite management and maintenance would be located on the southern part of the property. An emergency access would be located at Blount Drive. The roundabout at Shaw Drive would allow public access to the complex and the petitioner has agreed to extend the pavement to connect with Shaw Drive. Existing vegetation would supplement the required buffer around the perimeter of the property. Sewer lines are located at Weaver Acres and run parallel to the entrance ramp at I-40. Water lines are located along Shaw Drive and along Gordon Road. They agreed with staff’s findings of fact. Chairman White stated that one person had signed up to speak in opposition to the request. Samuel Howie, a resident of Shaw Drive and representing the Weaver Acres Subdivision, expressed concern about the amount of traffic that would be generated from the 600 parking spaces of the multi-family complex. He believed that much of the traffic would cut through his neighborhood instead of proceeding through the roundabout. As the traffic impact analysis did not require the roundabout, he asked the Commissioners to not extend Shaw Drive to the roundabout. He expressed concern that noise, litter, and safety of children playing in the tranquil neighborhood would be severely impacted by the multifamily complex. Chairman White closed the Public Hearing and requested direction from the Board. In response to Board questions, Mr. Andrea responded that the roundabout nor the road connection is mandated by any ordinance and the Board could proceed without requiring the extension and connection of Shaw Drive to the roundabout. The TIA did not require the roundabout or any connection with the subdivision. Mr. Swain responded that they added the roundabout in response to Staff’s concern about the interconnectivity with the neighborhood and he agreed with Staff that the neighborhood may eventually want to connect with the roundabout in order to have an easier access to future commercial development near I-40 instead of driving on Gordon Road. In response to questions about the County’s plans for the park area, County Manager Coudriet responded that no site plan has been developed for that section, but the County may have a better idea of the needs and access areas once the apartment complex has been built and populated. Mr. Swain responded that a master plan for the area called for an amphitheater and a possible equestrian park and the area would become a great value with the existing Smith Creek Park. After a lengthy discussion on whether to connect Shaw Drive to the roundabout, Mr. Swain agreed to build the roundabout with the road extended to Shaw Drive and install a mechanism to stop traffic movement into the established neighborhood until such time as the neighborhood may want access to future commercial development. Mr. Howie responded that although he opposed an open connection at this time, eventually the neighborhood may benefit from having access to future commercial areas and he agreed that the mechanism should be removed once commercial development has occurred. Chairman White clarified that the intent of the Board is to grant the Special Use Permit with the condition that language be agreed upon between the petitioner and County Staff that addresses limited access at the constructed roundabout and the road would be extended to Shaw Drive. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 3, 2014 PAGE 169 Planning and Inspections Director Chris O’Keefe suggested a temporary gate be installed that would allow access for emergency vehicles until such time as any commercial development occurred between the I-40 ramp and the entrance to the apartment complex. It was determined that once a certificate of occupancy has been issued for commercial development, access would be allowed through Shaw Drive. Chairman White requested direction from the Board. Motion : Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to grant a Special Use Permit to Design Solutions on behalf of Gordon Road Investments, LLC to develop a 324-unit multifamily high density residential project at 4645 Gordon Road based on the evidence presented and the findings of fact 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; and to add language that is agreed upon between the petitioner and County staff that addresses the condition that a gate be installed at Shaw Drive to limit access only to emergency vehicles in case of an emergency and that the gate would remain until such time as a certificate of occupancy has been issued for any commercial development that has occurred between the I-40 ramp and the entrance to the apartment complex on Gordon Road. Upon vote, the MOTION CARRIED 4 TO 0. A copy of an order granting a Special Use Permit and listing the findings of fact is contained in SUP Book IV, Page 52.2. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White reported that no one had signed up to speak on non-agenda items. COMMENTS FROM STAFF th County Manager Coudriet reminded the viewing public that they have until November 13 to complete an online survey assessing their thoughts about the community and those who received a paper survey have until th November 13 to complete and return their survey. ADJOURNMENT There being no further business,Chairman White adjourned the meeting at 6:30 p.m. Respectfully submitted, Teresa P. Elmore Interim 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.