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2016-02-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, FEBRUARY 1, 2016 PAGE 458 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 1, 2016 at 6:55 p.m. in the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chairman Beth Dawson; Vice-Chairman Jonathan Barfield, Jr.; 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 Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Kathy Beach, Interim Associate Pastor for Christian Education and Care, First Presbyterian Church, provided the invocation and Commissioner Zapple led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Dawson asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing no comments, Chairman Dawson requested a motion to approve the Consent Agenda. Motion: Commissioner White MOVED, SECONDED by Vice-Chairman Barfield, 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 of the Agenda Review Meeting held on January 14, 2016 and the Regular Meeting held on January 19, 2016, as submitted by the Clerk to the Board. Appointment of County Manager and Chief Financial Officer to the Board of Directors for the New Hanover County Financing Corporation – County Attorney’s Office The Commissioners appointed County Manager Chris Coudriet and Chief Financial Officer Lisa Wurtzbacher to the Board of the New Hanover County Financing Corporation. The term for each director is three years. Approval to Apply for the NCDEQ 2016 Community Waste Reduction and Recycling Grant – Environmental Management Department The Commissioners approved a grant application to the N.C. Department of Environmental Quality (NCDEQ), in the amount of $30,000, to assist local governments with the implementation, expansion, and improvement of waste reduction and recycling programs in North Carolina. The grant request is to fund a combination of two projects. The first portion of the grant would be for the Household Hazardous Waste (HHW) Mobile Site Expansion, and the second portion would be to provide funding for a new Composting Pilot Program in collaboration with UNCW. If awarded, expenses for both programs over and above those provided by grant funding would be paid from the Environmental Management Enterprise Fund in the FY 2016-17 budget. Approval to Apply for the NCDEQ 2016 Mercury Grant – Environmental Management Department The Commissioners approved a grant application to the N.C. Department of Environmental Quality (NCDEQ), in the amount of $20,000, to assist local governments in developing, implementing, and expanding recycling programs to collect products containing mercury. Particular emphasis has been placed on increasing the number of public collection sites for fluorescent lights and mercury thermostats. The grant request proposes to enhance service delivery to the public by providing mercury product collection, along with other Household Hazardous Waste (HHW) and electronic waste collection to County residents for whom access to the existing collection facility's location is inconvenient. Expansion of the program will provide collection services one day a week at three new sites in the County: Wrightsville Beach, Carolina/Kure Beach and in Ogden. If awarded, the grant would provide partial funding for the collection vehicle, recycling services and supplies to implement the program in FY 2016-17, along with $1,300 per year funding for mercury product recycling services in FY 2017-18 and FY 2018- 19. Expenses over and above the grant funding would be paid from the Environmental Management Enterprise Fund in the FY 2016-17 budget. Approval of November 2015 Tax Collection Reports – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County and New Hanover County Fire District as of November 2015. Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 3.1. Adoption of Order for Advertisement of 2015 Unpaid Tax Liens on Real Property – Tax Department The Commissioners adopted an order authorizing the Collector of Revenue to have published once in a local newspaper all unpaid 2015 tax liens on real property during the period prescribed by law. The advertisement will combine the liens of the County of New Hanover, City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, and the Fire Service District taxes thereon. A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 3.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, FEBRUARY 1, 2016 PAGE 459 PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY CINDEE WOLF OF DESIGN SOLUTIONS ON BEHALF OF THE KRUEGER FAMILY TRUST, PROPERTY OWNER, AND STEPHEN FASUL, CONTRACT PURCHASER, TO REZONE 3.15 ACRES LOCATED AT 7755 MARKET STREET FROM (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS ZONING DISTRICT, TO (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS ZONING DISTRICT, TO AMEND A PREVIOUSLY APPROVED CONDITIONAL ZONING DISTRICT FOR A MINI-WAREHOUSE USE (Z-942M) Chairman Dawson opened the public hearing and requested staff to make the presentation. Current Planner Brad Schuler presented the request submitted by Cindee Wolf of Design Solutions on behalf of the Krueger Family Trust, property owner, and Stephen Fasul, contract purchaser, to rezone 3.15 acres located at 7755 Market Street from (CZD) B-2, Conditional Highway Business District, to (CZD) B-2, Conditional Highway Business District to amend a previously approved Conditional Zoning District for a mini-warehouse use. The property was rezoned at the August 17, 2015 meeting to a Conditional B-2 District; however, the petitioner is requesting a modification to the site plan that requires the submittal of a new rezoning application. The petitioner is seeking to change the size and location of the proposed storage buildings. The undeveloped property on Market Street is located near other commercial properties that include office, retail and warehouse uses and across the street are multi-family developments. The proposed use does not create peak hour trips in an amount necessary to require a Traffic Impact Analysis (TIA) and it is expected to generate 12 peak a.m. hour trips and 21 peak p.m. hour trips per day. NCDOT traffic volume maps and the WMPO traffic counts found in that area of Market Street has an average daily traffic (ADT) of 38,000 and 37,600 vehicles per day, respectively. Market Street’s capacity from Gordon Road to north of Sweetwater Road is 43,700 vehicles per day and operates at a Level of Service of “E”, meaning its operation is at or near the street’s capacity level. The site and surrounding area are classified as Transition according to the 2006 CAMA Plan. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The proposed site plan increases the gross floor area of the buildings and reduces the amount of impervious coverage on the property. The reduction in impervious coverage will allow for an existing pond on the property to be preserved and modified for stormwater retention. The width of the rear bufferyard is to be increased. The current approved site plan allows for five buildings to be constructed totaling 52,700 square feet. The proposed site plan will increase the gross floor area of the proposed buildings from 52,700 square feet to 79,000 square feet mostly due to the storage area being a two-story building. At the January 7, 2016 meeting, the Planning Board voted 6-0 to recommend approval of the rezoning, finding that the application is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the “Transition” classification allows for future intensive urban development. The subject site is along a major thoroughfare, adjacent to existing commercial uses, and is best suited for non-residential uses; and 2.) Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas, with the following conditions: 1. The existing vegetation must be preserved within the rear bufferyard to the maximum extent practicable. The rear bufferyard shall consist of the preserved vegetation, which shall be supplemented as necessary to provide a fully opaque screen, and an eight-foot tall solid-wood fence. 2. The hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. 3. The proposed buildings shall be designed and constructed consistent with the architectural renderings included in the application, including using similar building materials and incorporating similar design elements such as wall and color offsets, glazing, and corner design features. Staff recommends approval of the application with the proposed conditions concluding that the request is consistent with the requirements of the zoning ordinance and also the 2006 Wilmington-New Hanover County CAMA Land Use Plan. Specifically, the property is adjacent to a commercial node along Market Street, supporting Policy 4.3 of the CAMA Land Use Plan. The applicant has agreed to the conditions and will dedicate a 20-foot pedestrian easement along Market Street to the County in order to allow a future multi-use path to be install in accordance with the Market Street Corridor Study and Comprehensive Greenway Plan. Cindee Wolf, the petitioner representing the Krueger Family Trust, property owner, and Stephen Fasul, contract purchaser, presented the request for the modification and reported that Mr. Fasul began to consider other ways of providing better service and looked at building a multi-story storage facility with freight elevators. The proposed site plan for the two-story building includes:  The rear buffer to the residential properties has been doubled in width to 45 feet, leaving a larger area of existing vegetation to buffer and screen those homes from the project.  The proposed eight-foot high, solid-wood fence will still be installed, but now along the 45-foot offset.  Vehicular circulation in the back has been eliminated.  The overall impervious surfaces have been reduced to less than 50% coverage.  There is no pavement in front of the building-allowing a nicer streetscape view.  The existing pond will be upgraded for the stormwater management rather than filled. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, FEBRUARY 1, 2016 PAGE 460 In response to questions, Ms. Wolf explained that the two-story building would have three access points and several emergency access/exit points and would include security cameras and fire sprinkler systems. The petitioner would abide by all permitting and construction authorizations. Commissioner Zapple asked Ms. Wolf if the petitioner would agree to a condition to install a right turn lane as shown on the proposed site plan. Ms. Wolfe responded that NCDOT would most likely require the right turn lane; however, the determination would be based on NCDOT regulations and guidelines and not on conditions for the approved site plan. Bill McDow, Engineer with the Wilmington Urban Area Metropolitan Planning Organization, agreed that NCDOT would primarily make their decision for the driveway permit based on guidelines and engineering judgment established by NCDOT. Based on the traffic conditions and congestion at peak hours, a right turn lane would be very beneficial for the driving public; however, the average trips per day for storage facilities may not justify a right turn lane. Requiring a turn lane without meeting the specifications may result in litigation. Commissioner Zapple stated that an area of most concern with the public is the traffic congestion on Market Street. Although he understood and respected the authority of NCDOT, he believed the Commissioners should take all steps possible to improve traffic conditions on that section of roadway; and without a right turn lane, trucks pulling into the storage facility would increase traffic congestion on Market Street. The Commissioners continued discussion on the ways in which the Board could address traffic issues. Vice- Chairman Barfield commented that NCDOT has authority over the roadways and would make determinations based on their rules and he cautioned the Commissioners against making zoning decisions based on traffic concerns that may lead to litigation. Mr. McDow stated that NCDOT’s regulations, in accordance with General Statute 136-18(29), “may require the construction and public dedication of acceleration and deceleration lanes, and traffic storage lanes and medians by others for the driveway connections into any United States route, or North Carolina route, and on any secondary road route with an average daily traffic volume of 4,000 vehicles per day or more; and when a district engineer determines that such treatment is necessary to avoid congestion or unsafe conditions on a state-maintained road or the traffic impact study indicates a need for an auxiliary lane or taper.” He reported that three of the four conditions are met and most likely NCDOT would require the turn lane. Commissioner Zapple said that he was satisfied that the regulations would be sufficient to address the matter. Chairman Dawson closed the Public Hearing and informed the petitioner that if a rezoning request is denied, a new application may only be submitted within twelve months of the denial if there is a substantial change in the original petition for rezoning. She asked whether the petitioner wanted to continue the application to a future meeting or to proceed with the Board deciding whether to grant or deny the application. Ms. Wolf requested the Board to proceed with the decision. Chairman Dawson requested direction from the Board. Motion : Commissioner Watkins MOVED, SECONDED by Vice-Chairman Barfield, to approve, as the Board of Commissioners find that this request for a zoning map amendment of 3.15 acres at 7755 Market Street from (CZD) B-2, Conditional Highway Business Zoning District, to (CZD) B-2, Conditional Highway Business Zoning District, to amend an existing conditional zoning district as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the “Transition” classification allows for future intensive urban development. The subject site is along a major thoroughfare, adjacent to existing commercial uses, and is best suited for non- residential uses; and 2.) Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas; with the following conditions: 1. The existing vegetation must be preserved within the rear bufferyard to the maximum extent practicable. The rear bufferyard shall consist of the preserved vegetation, which shall be supplemented as necessary to provide a fully opaque screen, and an eight-foot tall solid-wood fence. 2. The hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. 3. The proposed buildings shall be designed and constructed consistent with the architectural renderings included in the application, including using similar building materials. 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 JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 73. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Dawson reported that no one had signed up to speak on non-agenda items. Chairman Dawson welcomed Kevin Leonard, Executive Director of the NC Association of County Commissioners (NCACC). Mr. Leonard spoke briefly on the great leadership provided by the Commissioners of New Hanover County since 1908 and thanked the Commissioners for supporting and participating in the programs and training opportunities offered by the association. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, FEBRUARY 1, 2016 PAGE 461 ADDITIONAL ITEMS  County Manager Coudriet thanked the Commissioners for their commitment to schedule the strategic planning session for the budget process on March 23, 2016 and said that he looked forward to the discussion on the policies addressing the fund balance and debt service of the County.  Chairman Dawson expressed appreciation to staff for the work involved in preparation of the State of the County address. ADJOURNMENT There being no further business, Chairman Dawson adjourned the meeting at 7:44 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.