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2015-01-05 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 5, 2015 PAGE 204 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 5, 2015, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present: Chairman Jonathan Barfield, Jr; Vice-Chairman Beth Dawson; Commissioner Skip Watkins; Commissioner Woody White; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and 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 Vice- Chairman Dawson led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing no comments, Chairman Barfield requested a motion to approve the Consent Agenda. Motion: Vice-Chairman Dawson MOVED, SECONDED by Commissioner Watkins, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the following minutes as submitted by the Clerk to the Board: Agenda Review Meeting held on December 18, 2014 Regular Meeting held on December 22, 2014 Approval of New Hanover County Airport Authority Lease Amendment - County Attorney The Commissioners approved an amendment to the Lease Agreement with the New Hanover County Airport (the “Authority”). The amendment will assist in promoting economic development by providing potential tenants of the Airport an opportunity for a long-term lease, thus assisting them in obtaining financing if required. Without approval, the Authority would be required to obtain additional Board of Commissioner approval when it desired to enter into a lease with a tenant that extended beyond 2019. The original lease, dated July 1, 1989, for the premises known as the Wilmington International Airport tract was extended to June 30, 2049. A copy of the amendment to the lease agreement is available in the Legal Department. Approval of Grant Application to the N.C. Governor's Crime Commission to Purchase Body Cameras - Sheriff's Office The Commissioners approveda grant application to the N.C. Governor's Crime Commission for the purchase of body cameras for all sworn personnel. The amount of the grant is $60,000 and will require a $15,000 match. The Sheriff would use Federal Forfeited Property funds for the match. The cameras will cost approximately $1,200 each. Phase 1 will purchase 66 cameras for the Patrol Division. Phase 2, as funds become available, would purchase an additional 34 cameras for School Resource Officers. Approval of a Waiver of Landfill Tipping Fees for the Wilmington Area Rebuilding Ministry (WARM) - Environmental Management Department The Commissioners approveda waiver of landfill tipping fees for the Wilmington Area Rebuilding Ministry (WARM), effective December 1, 2014 through June 30, 2016 for up to five tons per year of waste generated in New Hanover County. The non-profit organization completes urgent repairs and provides accessibility upgrades for low-income homeowners who are elderly and disabled. WARM services are free to those who qualify. To date, the landfill has waived a total of $94,875 in tipping fees (1,816 tons) for FY 2014-15. Adoption of Resolution Approving the Donation of the Starlab Planetarium to UNCW - Cape Fear Museum The Commissioners adopted a resolution declaring the Starlab Planetarium as surplus property, approving the donation of the Starlab Planetarium to UNCW, and directing County staff to process any required documents to complete the transaction. The Starlab Planetarium was used at the Cape Fear Museum since 1998 and was in need of repair. The Museum recently purchased a new digital, portable planetarium using grant funds and donor funds. As a part of the grant agreement, the Museum is to give the old Starlab to UNCW's Center for Education in Science, Technology, Engineering and Mathematics (CESTEM). CESTEM also has a Starlab Planetarium and plans to use the donated equipment for parts. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 1.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 5, 2015 PAGE 205 Authorization for Leading into New Communities, Inc. to Apply for Grant Funding from the N.C. Governor's Crime Commission with New Hanover County as the Applicant Agency – Finance Department The Commissioners authorized Leading into New Communities, Inc. (LINC) to apply for a grant with the N.C. Governor's Crime Commission with New Hanover County as the applicant agency for a $75,000 grant. LINC will be responsible for the required 25% cash match if they are unable to get a waiver from the State. Adoption of Budget Ordinance Amendments – Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2015: 15-035 Department of Social Services 15-036 Health Department 15-037 Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIX, Page 1.2. Appointment of Commissioners to Community and County Boards for 2015 – Governing Body The Commissioners approved the listing of the New Hanover County Commissioner appointments to Community and County Boards for 2015. A copy of the list of Commissioners appointed to County Boards and Committees for Year 2015 is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIX, Page 1.3. Adoption of a Code of Ethics for the Current Board Members – Governing Body The Commissioners adopted a Code of Ethics for the current members of the Board, as General Statute 160A-86 requires adoption by members of governing bodies. A Code of Ethics was originally adopted on December 6, 2010, which was before four of the current Commissioners were seated. A copy of the resolution is hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIX, Page 1.4. REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION IN SUPPORT OF THE NORTH CAROLINA FILM AND TELEVISION INDUSTRY Vice-Chairman Dawson presented a resolution that was in response to the November 17, 2014 Special Meeting of the County Commissioners and Wilmington City Council regarding economic development. The resolution will be sent to the local legislative delegation in order to assist them in advocating and supporting the North Carolina General Assembly in its efforts to provide either tax credits or grants for the film industry along with other cooperative efforts to maintain and grow the film industry. Wilmington City Council will consider a similar resolution at its January 6, 2015 meeting. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to adopt a resolution in support of the North Carolina Film and Television Industry and the necessary expansion of the new film grant program along with other cooperative efforts to maintain and grow the film industry and to call upon the local representatives in the North Carolina General Assembly to continue their support of this important industry. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 1.5. PRESENTATION ON THE STATUS OF THE CAPE FEAR COMMUNITY COLLEGE – ADVANCED AND EMERGING TECHNOLOGIES CENTER Dr. Ted Spring, President of the Cape Fear Community College presented the following information on the Advanced and Emerging Technologies Center (AETC) proposed for the North Campus of Cape Fear Community College (CFCC) and the resulting renovations to existing downtown facilities:  Construction of AETC is a fiscally prudent choice for Commissioners and Cape Fear Region.  AETC is needed to prepare local residents for good jobs through job training.  In 2008, 62 percent of voters supported a $164 million bond referendum for CFCC.  Economic Development - Cape Fear Region’s economy needs to continue to grow;  CFCC needs to grow to support regional growth.  The project advances the mission to provide programs and services to strengthen the academic, economic, social and cultural life of the citizens:  56-year history of training citizens with relevant and marketable skills.  Smart Investment - draft 2014 economic impact study indicates CFCC annual impact of $570.5 million.  $2 million invested in AETC project to date.  N.C. Community College System shows enrollment of Full-Time Equivalent (FTE) students grew from 6,500 to 9,000+ (2007-08 through 2013-14): NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 5, 2015 PAGE 206  Growth rate of 37 percent (Master Plan projected 31%).  Projected populations growth = 14%.  Proposed center includes three buildings at CFCC’s North Campus.  Advanced and Emerging Technologies building  Veterinary Technology building  Heavy Equipment and Transportation Technology building  Pressing existing programs needs to expand due to skilled workforce demand:  HVAC, Heavy Equipment and Transportation Technology, Construction Management, Automotive Technology, Sustainability Technologies, Science Labs and Lecture Hall.  New program needs:  Veterinary Technology, Biotechnology, Wind/Turbine Energy, Quality Assurance and Control, Nanotechnology, Chemical Trials Research, and Forensics.  Critical needs for Customized Industry Training to attract and retain new industry for economic development efforts:  Unable to keep up with demand from local businesses such as Corning, GE, Fenner Drives, and Castle Branch.  Vertex Rail needs more than 1,000 new employees trained on job site:  Desires to train new employees at CFCC site.  CFCC Needs Customized Job Training Space:  Job training space for new and existing businesses.  Help existing businesses stay competitive.  Help attract new industry to area.  Help position this area to be competitive with other regions.  Aligns with County’s focus on economic development.  Needs for Classroom Space:  In 2008, set a goal of 100 assignable square feet (ASF) per student.  Before Union Station (pre-2013) = 67 ASF per student.  Projected after AETC = 97 ASF per student.  Two primary components:  Construction of three new buildings at the North Campus = $38,086,184.  Downtown renovations projects = $4,003,000  Program Relocations/Renovations include:  Automotive Technology, Collision Repair (Autobody), Construction Management, Heavy Equipment and Transport Tech (HEATT), and A/C, Heating and Refrigeration (HVAC). In regards to questions about the Veterinarian Technician School, Dr. Spring responded that the State approves programs for the community colleges and it would be highly unlikely for another community college to obtain approval for the program. No other veterinarian program exists east of I-95. Commissioner White commented that although the CFCC is an incredible resource for job creation in the community, fiscal decisions should be based on analysis of the space utilization needs the voters considered when passing the bond referendum. He presented numbers from the N.C. Community College System Curriculum/Continuing Education Information web site that showed enrollment figures decreased by 10 percent; and he calculated that the construction of Union Station added 251,000 square feet; the Fine Arts Building would add 159,000 square feet in a few months; and the Surf City Campus would add 11,000 square feet in 2015 for a total of 421,000 square feet of new construction. He also presented the following information:  2008 Master Facility Plan stated needs of 431,000 square footage:  Assumed a 31.3% increase in student enrollment.  Fine Arts/Humanities Building = 159,000 square feet with only 53,000 ASF.  The building was not a part of the Facilities Plan, but a policy choice that reduced the square footage per student.  At the October, 2014 Facilities Committee Meeting to consider awarding a construction contract for the AET Building, staff was unsure which programs would go into the AET Building; the trustees were told that the Veterinarian Tech Program could be located in rental space; and General Electric had notified the college that they no longer needed the laser/photonics program. Commissioner White urged the Board to consider the following: 1) construction for the bond request of 430,000 square feet have been met; 2) the County has increasing needs for its citizens that will need to be addressed with finite resources; and 3) to research the web site for the State of North Carolina Higher Education Comprehensive Planning Program: Facilities Inventory and Utilization Study 2013 for the analysis of the FTE. The Commissioners continued discussion on the matter and made the following comments:  The construction contract for the AETC was reduced to $38 million due to the hard work of the Board of Trustees and the contractor;  The AETC will provide good jobs for our citizens;  The economic downturn resulted in additional building projects as a result of additional dollars; NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 5, 2015 PAGE 207  The time frame to receive bond money will end in November 2015 unless a three-year extension is requested;  Further clarification of the difference in the analysis of the student enrollment and FTE numbers were requested;  Annual operating cost of the Fine Arts Building will be $900,000;  In six years, the County debt will decrease from $57 million to $45 million in one year and would make additional debt more affordable. County Manager Coudriet reported that at the January 20, 2015 meeting, Staff will request the Board to authorize the County to submit an application to the local government commission to issue the remaining bond debt or the Board may give Staff other directions at that time. BREAK : Chairman Barfield called for a break from 5:15 p.m. until 5:30 p.m. APPROVAL TO PURCHASE PROPERTY FOR FUTURE MYRTLE GROVE LIBRARY SITE Library Director Harry Tuchmayer presented a request to purchase property for the future Myrtle Grove Library site. The current Myrtle Grove library was built more than 20 years ago and is in need of a larger facility. In 1993, the service area population was 43,258 and in 2010, it had increased by 69.3% to 73,256. In 1993, the door count was 112,172 and in 2010, it had increased by 51.7% to 170,184. In 1993, the library circulated 264,704 items and in 2010, the number of items had grown by 25.6% to 332,657. To accommodate the growth the branch needs to expand; however, the current site is not conducive to expansion due to the size of the lot, which is slightly over one acre. The size of the lot limits the options for expansion and restricts the County's ability to address significant parking issues. Since the current site will not accommodate expansion, Director Tuchmayer recommended the library relocate to a site that is large enough to address the facility needs and the parking issues. Options Considered: A. Expand on Current Site - cost estimate: $3,113,926:  Pros: Square footage doubles and a familiar location with good access  Cons: eight fewer parking spaces, limited future options, Library closed during remodel B. Expand on Existing Site and Purchase Adjacent Lot - cost estimate: $4,313,926:  Expansion - $3,113,926 + Property purchase - $1,200,000 (appraised $936,600)  Adjacent property unavailable for 15 years due to a lease agreement. C. Buy and Build on Alternate site - cost estimate: $3,339,520: Building: $4,095,520 Purchase 3802 S. College: $444,000 Sale of 5155 S. College: $1,200,000  Pros:  Ease of access  Population center  Adequate parking  Future growth potential  Space for County functions  Grant opportunities for green features The proposed site is 1 1/2 miles north of the existing site and based on projected numbers from the Planning Department, the service area would continue to serve a significant percent of the population. Additional benefits: a larger and more energy efficient facility than the existing site can support; flexible space to accommodate rapid change; enhanced children’s space needed to provide the programs and services that help prepare every child for school; community meeting space that facilitates the exchange of ideas essential to our democracy; space for a passive park and outdoor activities; within a 5-mile radius of more than 110,000 people and a projected population in 2030 of more than 197,000 people living near the intersection of South 17th Street Extension and South College Road. Assistant County Manager Tim Burgess reported that the property at 3802 South College Road (behind the Walgreens at 17th Street and S. College Road) is a 2.95-acre site. The asking price of $450,000 has been negotiated to a purchase price of $444,000. During the due diligence period, the property will be evaluated by a landscape architect for its suitability for a library and a Phase 1 environmental assessment will be conducted at a cost of $22,000. The results of the Phase 1 environmental assessment will determine whether a Phase 2 environmental assessment will be necessary. The property is zoned with a Special Use designation for a florist within the City of Wilmington and would need to be rezoned. Upon approval, the County would begin with the assessments and rezoning process. The Board is being asked to approve the purchase of property and the budget amendment. The tentative plan for the design of a new library facility would take place in FY 2016-17 with construction in FY 2017-18. The County Manager executed a purchase contract on behalf of the County dependent upon Board approval with the following conditions as part of the contract:  The obligation to purchase is expressly contingent upon the Buyer being able to rezone the subject property for development as a public library and/or other public facilities desired by the County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 5, 2015 PAGE 208  The examination/due diligence period shall be 180 days upon execution. Provided, however, should Buyer secure rezoning prior to that expiration, an expedited closing shall be scheduled.  The Seller shall remove in its entirety the existing structure on the subject property, at its sole cost and expense, leaving only the slab. Such work shall be scheduled and coordinated with Buyer prior to closing. Closing is expressly contingent upon removal of the structure.  The Seller may remove landscape shrubs and ornamental trees constituting part of Seller’s nursery business, at Seller’s sole cost and expense. Such work shall be scheduled and coordinated with Buyer prior to closing. Any such items remaining after closing shall become the County’s property.  The existing signage and fencing on the subject property shall remain in place and title to such will pass with the land conveyance. County Manager Coudriet reported that the funds will be allocated from the fund balance for purchase and the sale of the existing site would offset the cost of future construction. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to approve the purchase of property at 3802 South College Road, in the amount of $444,000, to be used for a library branch, subject to the conditions as noted, and to approve the related Budget Amendment 15-038. Upon vote, the MOTION CARRIED UNANIMOUSLY. In further discussion, Commissioner White requested that Staff review and provide the County’s inventory of surplus property to see if any can be sold and moved to the tax rolls for a higher and better use, in particular, he asked about the city block of the downtown library. County Manager Coudriet reported that Vice-Chairman Dawson had previously requested the listing of County inventory and Staff is currently working to refresh the list and bring it forward for the Board's discussion and direction. In addition, County Manager Coudriet announced that the County Library has been awarded a grant to be one of the sites for a study to determine what a library branch and system should look like in the future. He congratulated and commended Director Tuchmayer for the grant award that will allow New Hanover County to participate in the study. A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 1.6. ADOPTION OF RESOLUTION AWARDING BID AND AUTHORIZING EXECUTION OF CONTRACT WITH NORRIS CONSTRUCTION GRADING AND PAVING, INC. FOR CASTLE HAYNE PARK IMPROVEMENTS Tara Duckworth, Parks and Gardens Director, reported that the County has been working to bring a regional park to the northern part of the county at the location of the Castle Hayne Park. In 2010, the County purchased 61 acres adjoining the Castle Hayne Park for a total of 112 acres to transition into a regional park. Veterans Park serves the southern part of the County, Hugh MacRae Park for the central part and Ogden Park for mostly the northern area. The Castle Hayne Park would serve the northern portion. Much of the area is vacant but future development should occur in the area near I-140 and GE. The proposed contract with Norris Construction is for Phase I of the park and would include an entry road into the park off Castle Hayne Road to the existing road to make it more accessible, parking, standard park improvements for lighted athletic fields, an irrigation system, and a contingency allowance. Alternate bids were requested for a basketball court and a 10-foot wide walking trail in open areas and a separate cost of a trail in the wooded areas. Staff requests that the Commissioners award the contract based on "Total Base Bid" to Norris Construction Grading and Paving, Inc., the lowest responsive, responsible bidder in the amount of $1,484,143.50. Funds totaling $1.5 million have been budgeted for this project. The County would work with community partners to develop other parts of the park for bike paths and bunny trails near the entrance. After a brief discussion of the plans for the park, Chairman Barfield requested direction from the Board. Motion : Commissioner Zapple MOVED, SECONDED by Vice-Chairman Dawson, to adopt the resolution awarding the Castle Hayne Park Improvement Project RFB 15-0185 contract to Norris Construction Grading and Paving, Inc., in the amount of $1,484,143.50, and authorizing the County Manager to execute the contract, contract form to be approved by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 1.7. ADOPTION OF RESOLUTION AWARDING CONTRACT FOR REAPPRAISAL OF COUNTY REAL PROPERTY PARCELS Tax Administrator Roger Kelley presented the request for the award of contract for the reappraisal of all residential, agricultural, commercial, exempt, and industrial real property in the County for the tax lien date of January 1, 2017. A Request for Bids was issued on October 17, 2014 and sent to nine qualified companies who are registered with the N. C. Department of Revenue and authorized to do business in the State. The County received three responses. Staff recommends to award the bid to Tyler Technologies in the amount of $1,092,000 due to the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 5, 2015 PAGE 209 company’s work experience in the State, familiarity and knowledge of the IAS World software used by the County, and their reputation of being capable to complete the work within the time frame requested. Although the bid from Wampler-Eanes Appraisal Group was the lowest bid, it did not include cost for data entry work, which is estimated at $163,800 to $250,000. In response to questions from the Board, Director Kelley reported that the County has not made visits to the properties since 1989-90. In order to give citizens a good product with fair values, it is necessary that visits should be made to each property to ensure correct data. Staff appraisers are scheduled to visit each parcel to update and correct the data by April 2016. In order to complete the revaluation by January 1, 2017, he recommended that Tyler Technologies prepare the reappraisal of the County's 101,570 parcels. Motion : Commissioner White MOVED, SECONDED by Commissioner Watkins, to adopt the resolution awarding the contract to Tyler Technologies in the amount of $1,092,000 for reappraisal of the County’s real property parcels and approve related Budget Amendment 15-040. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolution and budget amendment ordinance are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIX, Page 1.8. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY PARAMOUNTE ENGINEERING TO REZONE 20.0 ACRES FROM R-15 RESIDENTIAL DISTRICT TO R-10 RESIDENTIAL DISTRICT FOR PROPERTY LOCATED AT THE TERMINUS OF E. LAKE EMERALD DRIVE OFF OF GORDON ROAD (Z-936, 12/14) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Ben Andrea, Current Planning and Zoning Manager, presented the request by Paramounte Engineering to rezone 20.0 acres located at the terminus of E. Lake Emerald Drive off of Gordon Road from R-15 Residential District to R-10 Residential District and presented a slide overview of the request. The subject property is classified as Urban in the 2006 CAMA Land Use Plan. Existing zoning in the area consists mostly of R-15 Residential District to the west, north and south, and an area of R-10 Residential District is located to the east. The parcel adjacent on the west is owned by the County for future expansion of Smith Creek Park. Development of the site would provide an opportunity for interconnectivity between Weaver Acres and the road network to the east of the site. At the December 4, 2014 meeting, the Planning Board voted 7-0 to recommend approval of the rezoning. No one from the public spoke in support or in opposition to the request. A few phone calls were received concerning the traffic impact on Gordon Road, the types of houses planned for the development and the effects on property values. A traffic analysis performed for the Smith Creek Village project last year showed Gordon Road currently functioning at a level of service C and the intersection at Market Street at a level of service F. A number of transportation projects including the Military Cutoff Extension are expected to alleviate some traffic issues on Gordon Road. Under the current performance residential criteria for R-15 zoning, 50 units would be allowed at a density of 2.5 units per acre. Under the proposed zoning, 66 units at a density of 3.3 units per acre would be allowed. Staff recommends approval as the rezoning is consistent with the Zoning Ordinance and supported by several policies in the 2006 CAMA Land Use Plan. In response to questions on traffic improvements for the area, Mr. Andrea pointed out several road projects that will help lessen the traffic congestion, in particular Military Cutoff Extension road construction, widening of Market Street near Gordon Road to three northbound lanes and three southbound lanes, and widening of Gordon Road to four lanes from NC 132 to Market Street. Chairman Barfield stated that no one had signed up to speak in opposition to the request and invited the Petitioner to make comments. Dan Weeks, a landscape architect representing the petitioner Paramounte Engineering, stated that the proposed development is consistent with the goals and objectives of the Zoning Ordinance and CAMA Land Use Plan and that vehicular and pedestrian connectivity is available throughout the site. In response to questions from the Board, Mr. Andrea reported that the traffic impact study proposes 39 week-day a.m. and 51 week-day p.m. peak hour trips for the current zoning and 51 week-day a.m. and 67 week-day p.m. peak hour trips for the proposed rezoning. Gordon Road would be further impacted with traffic once the 100- acre parcel is developed for commercial. Chairman Barfield closed the Public Hearing and informed the petitioner that if the rezoning is denied a new application may only be submitted within 12 months of the denial if a substantial change is made in the original petition for rezoning. He asked if the petitioner wished to proceed or continue the matter. The petitioner responded to proceed. Chairman Barfield requested direction from the Board. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Watkins, to approve the request for a zoning map amendment of 20 acres from R-15 Residential District to R-10 Residential District as described because it is: Consistent with the purposes and intent of the “Urban” land use classification in the 2006 CAMA Land Use Plan because the classification allows for intensive development and redevelopment of existing urban areas. The subject site is adjacent to a residential neighborhood and in an area of focused urbanization of the county. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 5, 2015 PAGE 210 rezoning proposal supports Policy 5.7 of the CAMA Land Use Plan by preserving the character of the area’s existing residential neighborhoods and quality of life. It is reasonable and in the public interest because the character of the area is urbanized and many similar and compatible uses exist adjacent to and nearby the subject site. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 73. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY DARDEN ROAD, LLC TO REZONE 8.61 ACRES FROM R-20 RESIDENTIAL DISTRICT TO (CZD) R-15 CONDITIONAL RESIDENTIAL ZONING DISTRICT FOR A 21-LOT RESIDENTIAL SUBDIVISION AT 7320 DARDEN ROAD. (Z-937, 12/14) Chairman Barfield opened the Public Hearing and requested Staff to make the presentation. Ben Andrea, Current Planning and Zoning Manager, presented the request by Darden Road, LLC to rezone 8.61 acres from R-20 Residential District to (CZD) R-15 Conditional Residential Zoning District for a 21-lot single- family detached residential development and presented a slide overview of the request. The subject property is classified as Watershed Resource Protection according to the 2006 CAMA Land Use Plan. At their December 4, 2014 meeting, the Planning Board voted 7-0 to recommend approval of the rezoning with one condition: Impervious surface coverage shall be limited to thirty percent of the total site area, excluding areas within the NCDOT right-of-way for Darden Road. No one from the public spoke in support or in opposition to the request at the Planning Board meeting. Staff recommends approval of the request with the condition that impervious surface coverage shall be limited to thirty percent of the total site area, excluding areas within the NCDOT right-of-way for Darden Road. Integrated Low Impact Development techniques/practices such as rain barrels, bio-retention areas, and pervious pavement are encouraged. The proposal includes a site plan for a 21-lot residential subdivision and is subject to review by the County's technical review committee. Prior to application the petitioner presented the concept to the technical review committee and received some preliminary feedback. The plan proposes to use about half an acre on the west side of Darden Road as undeveloped passive open space, additionally a stub for future connection for the property to the northeast has been provided. Prior to the application submittal, a community information meeting was held by the petitioner in October 2014, which resulted in some minor changes to the site plan. A few calls were received about the project with no opposition expressed. Callers were concerned specifically about drainage of the parcel. One caller was unable to attend the meeting and conveyed a message that if the property is developed in accordance with applicable regulations, he has no problems with the request. In summary, staff supports the rezoning request and it is consistent with the ordinance and supported by several policies in the land use plan. The condition to limit the impervious surface coverage was based on the language and policy 3.1 of the Land Use Plan that recommends limiting the coverage to 25 percent. After some discussion at the Planning Board meeting, the Board included a 30 percent impervious surface coverage as part of their motion. Staff has provided a suggested motion that includes a condition for the 30 percent coverage maximum and the recommendation for the low impact development techniques be integrated into the project that would provide some additional storm water control benefits. In response to questions from the Board, Mr. Andrea explained that the open space is a requirement of the zoning district and that the Homeowners Association would own the open space. Chairman Barfield stated that no one had signed up to speak in opposition to the request and invited the Petitioner to make comments. Dan Hilla, Darden Road LLC, stated that the current zoning would allow 16 lots on the 8.5 acre site. The (CZD) R-15 zoning would allow 21. The neighborhood meeting had 15 people to attend with most of the discussion about the product, lot sizes, traffic, and storm water. At the Planning Board meeting, nobody spoke for or against the project. The TRC reviewed the project and several of their comments were incorporated into the project. Chairman Barfield closed the Public Hearing and informed the petitioner that if the rezoning is denied a new application may only be submitted within 12 months of the denial if a substantial change is made in the original petition for rezoning. He asked if he wished to proceed or to continue the matter. The petitioner responded to proceed. Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Dawson MOVED, SECONDED by Commissioner Watkins, to approve, as the Board of Commissioners finds that this request for a zoning map amendment of 8.61 acres from R-20 Residential District to CZD R-15 Conditional Residential Zoning District as described is: 1) Consistent with the purposes and intent of the “Watershed Resource Protection” land use classification in the 2006 CAMA Land Use Plan because the classification allows for residential developments that minimize impervious surface areas and provide for stormwater impact mitigation per Policy 3.12; 2) Reasonable and in the public interest to provide for increased density in areas best suited for development while not impeding the quality of life of the existing residential community with the condition: Impervious surface coverage shall be limited to thirty percent of the total site area, excluding areas within the NCDOT right-of-way for Darden Road and to incorporate Integrated Low Impact NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 5, 2015 PAGE 211 Development techniques/practices such as rain barrels, bio-retention areas, and pervious pavement are being encouraged. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 3 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED MAY 18, 1970, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 3, Page 14. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield reported that the following person had signed up to speak on non-agenda items: Ann Ryan, a resident of New Hanover County for five years, expressed appreciation to the Commissioners for her recent appointment to serve the community on the Cape Fear Public Transportation Authority. CLOSED SESSION Chairman Barfield announced a Closed Session pursuant to North Carolina General Statute 143- 318.11(a)(6) to consider a personnel matter. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to enter into a Closed Session pursuant to General Statute 143-318.11(a)(6) to consider a personnel matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Board members convened to Closed Session at 6:55 p.m. RECONVENE TO REGULAR SESSION Chairman Barfield called the meeting back to order at 7:15 p.m. and reported that the Board has concluded its Closed Session concerning a personnel matter and called for a motion to return to open session. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, toreturn to open session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield asked for direction from the Board on the appointment of the Clerk to the Board and to set the salary of the Clerk. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to appoint Teresa P. Elmore as Clerk to the Board, at a base salary of $69,000, a travel allowance of $1,000, and cell phone allowance of $75 per month. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield, on behalf of the Commissioners, congratulated Ms. Elmore on her appointment as Clerk and expressed appreciation for her service as Interim Clerk to the Board. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 7:20 p.m. Respectfully submitted, Teresa P. Elmore 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 checkout at all New Hanover County Libraries and on-line at www.nhcgov.com.