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2016-03-31 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, MARCH 31, 2016 PAGE 496 ASSEMBLY The New Hanover County Board of Commissioners met for Agenda Review on Thursday, March 31, 2016 at 4:01 p.m. in the Harrell Conference Room at the New Hanover County Government Center, 230 Government Center Drive, 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 Deputy Clerk to the Board Kymberleigh G. Crowell. Chairman Dawson called the Agenda Review meeting to order and announced that the purpose of the meeting is to review and discuss the Board’s agenda items for the April 4, 2016 Regular Meeting with discussions as noted: Consent Item 2. Approval of Waiver of Landfill Tipping Fees for the 2016 North Carolina Azalea Festival – Environmental Management Department. Commissioner Zapple thanked Environmental Management Director Joe Suleyman and his team for the ongoing efforts of giving back to the taxpayers and businesses in our community. Through these waivers, the department has donated to date $89,207 to a series of non-profits and other organizations. Consent Item 4. Approval of Items to be Deaccessioned from the Museum’s Permanent Collection – Cape Fear Museum. In response to questions, Cape Fear Museum Curator Barbara L. Rowe reported that the 100 items to be deaccessioned were from three separate donations from a widow of a serviceman. At the time the serviceman was in the military, he did not live locally nor was he born or raised in our region. The NC State Archives is canvassing for military items related to other North Carolinians and the Museum will offer the items to them as it would be a more appropriate repository. Consent Item 5. Adoption of Child Abuse Prevention Month Proclamation – Department of Social Services. In response to questions, County Manager Chris Coudriet reported that customarily when proclamations are coming from other county departments they are placed on the consent agenda because they are for the record. If they are external or a special recognition of an individual staff has customarily assigned them to the regular agenda. Consent Items 6 and 7. Approval of December 2015 and January 2016 Tax Collection Reports. Assistant Tax Administrator Allison Snell reported that a large portion of the increase in collections is due to motor vehicles collection at 100% as well as a slight increase in property tax collection. Regular Item 8. Consideration of County Day of Recognition for National Service Proclamation. Vice-Chairman Barfield will read the proclamation into the record. Regular Item 9. Consideration of Start by Believing Day Proclamation. Commissioner Zapple will read the proclamation into the record. Regular Item 11. Consideration of the New Hanover County Juvenile Crime Prevention Council Funding Recommendation for Fiscal Year 2016-2017. In response to questions about funding for Youth Empowerment Services, County Manager Coudriet explained that the dollar amount addresses funding court ordered psychological services and community services/restitution both of which are priorities of the JCPC and is almost exclusively the cost of personnel. The County was asked through this funding to run those priorities. Regular Item 13. Public Hearing Rezoning Request (Z-950, 3/16) – Request by Cindee Wolf of Design Solutions on Behalf of the Property Owner, New Beginning Christian Church, to Rezone 14.00 Acres Located at the 2900 Block of Blue Clay Road from R-20, Residential District, to (CZD) R-10, Conditional Residential District, in Order to Develop a Performance Residential Subdivision. Planning and Inspections Director Chris O’Keefe reported that this item is a conditional zoning request and there is a site plan attached to it. The request is for a rezoning from R-20 to R-10 and there are two conditions the Planning Board attached to its approval: 1. Streetyard plantings for the non-residential use in a residential district will be installed along the Holland Drive and Alex Trask Drive frontages and 2. The street connection to Galway Road shall be improved and extended to connect to Galway Road’s existing pavement. The only opposition was from residents along Galway Road. In response to questions, Director O’Keefe stated that Galway Road is a dedicated public road not yet taken over for maintenance by NC Department of Transportation (NCDOT). Staff has spoken with NCDOT staff about what it would take for NCDOT to take over the road maintenance. A petition, on behalf of the Galway Road residents, would need to be presented to NCDOT for it to consider taking over the road. At the request of Commissioner White, staff will start the public presentation with a brief historical narrative of the project and steps taken to date for the benefit of the public and the Board. Vice-Chairman Barfield stated that he was no longer a member of New Beginning Christian Church. Regular Item 14. Public Hearing Rezoning Request (Z-951, 3/16) – Request by Barry Amos of College Road Development Partners LLC, Property Owner, to Rezone 8.05 Acres Located at the 2600 Block of N. College Road from B-2, Highway Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District, and for a Special Use Permit in Order to Develop a High Density Development. Commissioner White requested Planning staff provide a brief narrative at the beginning of the presentation to remind NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, MARCH 31, 2016 PAGE 497 this Board of what legal options and obligations it has in regard to making decisions as there is not an option to decline development because it is going to add traffic, unless there is a traffic impact analysis (TIA) and unless it moves the levels of the use up and down, etc. In response to questions, staff confirmed the project will probably add less traffic than what can be done now without rezoning the property. Deputy County Attorney Sharon Huffman stated that this particular property has some business zoning along the front and residential behind. This particular type of request is two pronged with the initial rezoning and then the special use permit request. She recommended that if it is the Board’s inclination to deny the project possibly due to traffic, it would be better to do it in the rezoning phase than in the special use permit phase. In the special use permit phase without a traffic impact analysis (TIA) by a traffic expert, which was not required for this project due to being under 100 peak hour trips, the Board cannot make traffic concerns a reason for denial. Vice-Chairman Barfield left the meeting at 4:27 p.m. to attend a CFCC Board of Trustees meeting. In response to questions, Current Planner Brad Schuler reiterated that although there is a TIA worksheet in the agenda packet, there has to be over 100 peak hour trips to require a TIA and it was not required in this case. Staff Engineer Bill McDow with the City of Wilmington Transportation Planning Division explained that a submission for another project had a TIA which is why a turn lane and other improvements were made around the intersection. The reduction in the number of apartments put it under the threshold for revising that original TIA. Staff asked the petitioner if he would now put in a multi-use trail and connect it to Laney High School to allow a refuge for students to safely get to the high school. The petitioner agreed to the request. A brief discussion was held about the possibility of requesting a new TIA due to the significant growth in general that has occurred in the project area since the 2013 TIA. It was noted that when Laney High School received its most recent accreditation the accreditation company added language noting the traffic levels. Director O’Keefe stated that this project does not generate enough trips to require a TIA based on our TIA guidance so, unless Commissioners want to condition that then it would not be made a requirement of the petitioner. A brief discussion was held about how NCDOT decides what projects will be funded across the state. Commissioner White left the meeting at 4:40 p.m. Further discussion was held on the cumulative impact of traffic from the projects that are developed by-right and do not require board consideration or a TIA. In response to questions, Director O’Keefe said NCDOT, as well as the City of Wilmington uses 100 peak hour trips as the standard number to trigger a TIA. It was noted that many things are becoming legislative in orientation and even rezonings and conditional rezonings are legislative driven. Deputy County Attorney Huffman confirmed for the Board that if the rezoning passes the Board would proceed to the special use permit process. If not, the Board does not go forward with the special use permit request. ADJOURNMENT There being no further business, Chairman Dawson adjourned the meeting at 4:52 p.m. Respectfully submitted, Kymberleigh G. Crowell Deputy Clerk to the Board Please note that the above minutes are not a verbatim of the New Hanover County Board of Commissioners meeting.