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2016-05-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 521 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 2, 2016, at 3:00 p.m. in the Assembly Room of 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 Rabbi Julie Kozlow, B'nai Israel Congregation, provided the invocation and Commissioner Watkins 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 none, Chairman Dawson requested a motion to approve the Consent Agenda. Motion: Commissioner Watkins MOVED, SECONDED by Commissioner White, 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 Budget Work Session of April 14, 2016, Agenda Review Meeting of April 14, 2016, and Regular Meeting of April 18, 2016 Adoption of Resolution Declaring Equipment Surplus and Approving the Disposal through Donation – Finance Department The Commissioners adopted a resolution declaring computer equipment surplus and donating HP2035 desktop printers with toner, mouse, keyboard and monitor devices to New Hanover County Schools, as requested by the Information Technology Department, pursuant to North Carolina General Statute 160A-280. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 9.1 Adoption of Resolution Disposing of Surplus Property – Finance Department The Commissioners adopted a resolution declaring property surplus and authorizing the sale of the equipment electronically or disposal by any other method authorized pursuant to North Carolina General Statute 160A-270(c). A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 9.2. Adoption of Proclamation Declaring May as Foster Care Awareness Month – Department of Social Services The Commissioners adopted a proclamation declaring May as Foster Care Awareness Month in New Hanover County in appreciation of foster mothers and foster fathers for their commitment to our children and requesting the community to participate in efforts to recruit and support foster families. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 9.3. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION DESIGNATING MAY AS NATIONAL PRESERVATION MONTH Chairman Dawson reported that the Historic Wilmington Foundation and the National Trust for Historic Preservation are cosponsoring National Preservation Month with this year's theme of "This Place Matters." Commissioner Zapple read the proclamation into the record. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to adopt a proclamation designating the month of May 2016 as National Preservation Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Kent Stephens of the Historic Wilmington Foundation accepted the proclamation and thanked the County for its commitment to historic preservation, in particular, for the adaptive reuse and renovation of 320 Chestnut Street building. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 9.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 522 ADOPTION OF PROCLAMATION RECOGNIZING MAY 8 THROUGH JUNE 19, 2016 AS ELDER ABUSE AWARENESS MONTH Chairman Dawson reported that the Cape Fear Elder Abuse Prevention Network has requested the Commissioners recognize the period between Mother's Day, May 8 and Father's Day, June 19, 2016 as Elder Abuse Awareness Month in New Hanover County. Vice-Chairman Barfield read the proclamation into the record and moved for adoption. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to adopt the proclamation recognizing the period between Mother's Day, May 8 and Father's Day, June 19, 2016 as Elder Abuse Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Marianna Stacy, on behalf of the Cape Fear Elder Abuse Prevention Network, accepted the proclamation and talked about the importance of bringing awareness of elder abuse and the network’s goal of educating the public on the indicators of elder abuse in order to stop it. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 9.5. ANNOUNCEMENT OF FOSTER CARE AWARENESS MONTH Chairman Dawson announced that May is also Foster Care Awareness Month and expressed appreciation for the foster parents in New Hanover County. The Commissioners adopted the proclamation as part of the consent agenda. PRESENTATION OF FY 2016-17 RECOMMENDED BUDGET AND FY 2017-21 CAPITAL IMPROVEMENT PLAN County Manager Coudriet presented the FY 2016-17 Recommended Budget and FY 2017-21 Capital Improvement Plan for New Hanover County (NHC) highlighting the following:  Budget Themes:  Advances superior education  Advances superior public safety  Meets ongoing, prior obligations  Plans for the long term operating and financial sustainability of the County  Recommended Budget:  General Fund = $317.7 million:  3.0% increase from FY15-16 revised budget = $11.5 million:  Debt Service Increases:  CFCC = $2.7 million and NHCS = $2.8 million  Education: $3.3 million additional funding to NHCS  Public Safety: $2.4 million for Sheriff’s Office  Decreases in 12 County Departments most notably:  DSS = $2.3 million  Tax = $1.1 million  Parks and Gardens = $883,000  Fire Services = $13.2 million:  5.2% decrease from the FY15-16 revised budget  Environmental Management = $15.5 million:  11.9% increase from the FY15-16 revised budget  Tipping fee reduced to $50/ton  Tonnage expected = 260,000 tons in FY17  Requested Tax Rate Proposed = 62.9 cent tax rate:  5.5 cent tax increase = $16.5 million increase  Dedicated to pay for ongoing annual debt service approved by voters  Fire Service District tax rate maintained at 7 cents  Environmental Management tip fee reduced from $52 to $50 per ton  FY15-16 Tax Rate of NHC very competitive with other 14 urban counties in the state  Economic Conditions:  Local economy continues to show signs of recovery:  Register of Deeds’ collections are up 5.7%  Unemployment rate dropped to 5.2% as reported in March 2016  Single-family housing starts increased 224 units or 23% to 1,197 in 2015 vs. 2014  Population growth at a slower rate than prior to recession but growing 1.4% (223,000 in NHC)  Wilmington MSA posted 0.8% growth in jobs  As of Q3 2015, the average weekly wage in NHC grew by $19.36 or 2.6% year-over-year  General Fund Revenue Picture:  Increase in tax base of 1.7% = estimated at $30.7 billion  Assumes 98.6% collection rate (one cent = $3 million)  Sales tax estimated to increase 1.7% over FY15-16 budget; 4% over expected collections  No use of Appropriated Fund Balance (below 21% policy at 19.2%) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 523  Budget Growth and Drivers:  Overall, the General Fund increases 3% vs. current year revised budget; but total NHC budget (all funds) is flat. Key drivers of budget growth to the General Fund include:  Voter approved debt service increases  Operating and capital expenditures for public education  Operating growth in public safety  Superior Public Safety:  Continues to fund prevention and intervention programs for at-risk youth:  Maintain expanded prevention programs at Youth Empowerment Services (Double the Impact)  Direct services programs to at-risk youth (Communities in Schools, Dreams, Kids Making It, WRAAP, and One Love Tennis) = $89,000  Blue Ribbon Commission on Youth Violence = $25,000  Recommends new additional resources at the Sheriff’s Office:  Detectives and intervention specialists with the Gang Task Force and creation of ELEMENTS - Youth Violence Intervention Program  Additional detectives to staff Opioid Task Force:  Wilmington/New Hanover County #1 in opioid abuse  8 detention officers to address the safety and security in the detention center facility  Total of 21 positions in the Sheriff’s Office  Capital Improvement Projects (CIP):  General Fund to develop a back-up 911 center (statutory mandate) = $440,142  General Fund plus 911 Surcharge funds of $454,200 to upgrade 800 MHz radio software = $1.3 million  Superior Public Education:  New Hanover County Schools:  Current expense of $74.0 million = $3.3 million increase  Capital = $3.0 million  Debt = $22.8 million ($2.8 million increase)  Coastal Horizons/Wilmington Health Access for Teens for 4th high school-based health clinic (Hoggard) = $100,000  Cape Fear Community College:  Operating = $10.4 million (same as FY16 allocation)  Debt = $17.6 million ($2.7 million increase)  Early Childhood Preparedness:  Myrtle Grove Library Replacement Capital Improvement Plan/loan proceeds = $4.4 million  Continue support and expansion of early literacy program to every NC-Pre-K class in NHC: Every Child Ready to Read  Continue County childcare subsidy = $448,000  Economic Development:  Economic development investments/grants = $100,000  WBD, WDI, SEDC, SEDP, Film Commission = $438,000:  Above contract amount for WBD to work parts of the Garner Report = $50,000  Third of a three year commitment to Southeastern Partnership for the three County micromarketing alliances = $20,000  Economic Incentive Payments = $745,000:  PPD, GE, Castle Branch, Fortron, Live Oak, and AAI Pharma  Capital Improvement Projects:  Highway 421 water and sewer construction ConnectNC funds or loan = $14.6 million  Fire Service District:  Revenues Ad valorem tax rate of $0.07  Capital:  Tender replacement funded by loan proceeds = $254,000  Continued fire hydrant installation = $10,000  Ogden Fire Station replacement funded through loan proceeds = $4.6 million  Environmental Management:  Tip Fee:  Reduced to $50/ton from $52/ton, a 3.8% reduction (third consecutive year tip fee reduced)  Will remain at $50 per ton through FY18-19  $50 tip fee allows the County to:  Fund operating obligations  Maintain unrestricted fund balance of at least 8%  Fund capital outlay for composting pilot program and replacement of heavy equipment:  Closure/post closure reserve annually = $1.16 million  Capital reserve annually = $250,000  Projected capital projects through FY18-19 = $3.5 million in FY16-17  Effective County Management: The Model of Good Governance:  Market/merit for employees = 2%:  $600 increase to fulltime eligible employees for market (1.2% CPI) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 524  Merit pool with a range of potential merit awards  Positions to right-size operations = 39:  Fire Services District – 1  Environmental Management – 1  General Fund – 37:  Sheriff Office – 21  Environmental Health – 2  Parks and Gardens – 1  Human Resources – 1  DSS – 12 personnel:  5 economic case workers (needed for food stamp and Medicaid)  7 social worker positions in the following programs:  1 Adult Protective Service  1 Family Support Program  3 Child Protective Services  2 Child Welfare  Capital Planning:  FY16-17 Five year Capital Improvement Plan = $31.4 million:  General Fund revenues = $3.3 million  Capital Outlay:  FY16-17 Capital outlay General Fund revenues = $2.0 million  FY15-16 Comparative Tax Rates for surrounding areas reflect the depth of services provided  Next Steps:  Identify possible work sessions  Public hearings on June 6  Adoption June 20 or 27 at the latest In discussion, the Commissioners agreed that another budget work session was needed and that each Commissioner should have one-on-one sessions with the County Manager to discuss other strategies and suggestions. Based on those directions, staff will modify the recommended budget and present a summary of changes for the Board’s consideration. Consensus : The Commissioners agreed to hold a Budget Work Session on May 12, 2016 at 2:00 p.m. PUBLIC HEARING AND APPROVAL OF REZONING 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 GRANTED A SPECIAL USE PERMIT TO DEVELOP A HIGH DENSITY DEVELOPMENT (Z-951, 3/16) Chairman Dawson opened the public hearing and announced that a rezoning request for a Conditional Use Residential District for a special use permit requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. She 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 Brad Schuler Ben Hughes Barry Amos Tamara Murphy Barry Amos Cindee Wolf Daniel R. Cumbo Dennis Trite Keith Hales Chairman Dawson requested staff to make the presentation. Current Planner Brad Schuler reported that the Board voted to approve a continuance of the item at the April 4, 2016 meeting at the request of the petitioner. The rezoning request is for a Conditional Use District, which is a zoning district that requires every use within it to obtain a special use permit. Two separate actions would be needed if the Board approves the rezoning. The first is a legislative action on the rezoning to the Conditional Use District, and the second is a quasi-judicial action on the companion special use permit. Any conditions for the project must be included with the special use permit. The petitioner is seeking to rezone 8.05 acres currently zoned B-2, Highway Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District, in order to develop a high-density development consisting of 88 apartment units. The proposed rezoning includes three parcels of undeveloped land NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 525 located at the 2600 block of N. College Road. Commercial zoning runs along N. College Road and a commercial node is located at the intersection of N. College Road and Murrayville Road. The Northchase development is located to the north of the subject property. Land uses in the area consist of a mixture of single-family residential, retail, and institutional uses. Laney High School adjoins the property directly to the north. To the south is a fast-food restaurant, Taco Bell, and the driveway that would serve the proposed development. The site plan shows the project consisting of four buildings containing 88 dwelling units with a separate clubhouse and swimming pool for the residents. The units equate to a density of 10.9 units per acre and is well below the maximum density of 17 units per acre. The plan also shows a portion of the property within the AE Special Flood Hazard Area that runs along a perennial stream; however, the buildings will be located mostly outside of this area. The applicant has confirmed with the Army Corps of Engineers that no jurisdictional wetlands are on the property. The proposed development will generate 45 trips in the AM peak, and 55 trips in the PM peak, therefore, a Traffic Impact Analysis (TIA) is not required. A TIA was completed for the property in 2013 for a proposed fast- food restaurant and a mixed-use building consisting of 120 dwelling units and office/retail space. Improvements required as part of the TIA were installed, including the addition of a center turn lane and a right turn lane on N. College Road for traffic at Laney High School. The TIA reported that this portion of N. College Road would operate at a Level of Service (LOS) of E during the AM peak and a LOS of D during the PM peak. The most recent TIA for a proposed State Employees Credit Union at the corner of Northchase Parkway and N. College Road found the intersection would operate at a LOS of “C” when completed in 2017. The proposed development would have less traffic impact than uses allowed by right in the B-2 Zoning District, such as restaurants, daycare or retail stores. The Comprehensive Greenway Plan proposes that a multi-use path be installed along the west side of N. College Road, continue on to the east side from Northchase Parkway NE to the southern portion of Laney High School at Danny Pence Drive, and connect to Olsen Park. The project is funded and construction is expected to begin in 2024. The Technical Review Committee and Planning staff recommend requiring a condition to extend the multi-use path along the right-of-way to accommodate pedestrian traffic of students attending school or residents of the apartment complex. The developers have agreed to construct the path and build a bridge across the small stream. The site and surrounding area are classified as both Transition and Conservation according to the 2006 CAMA Land Use Plan. The purpose of the Transition classification is to provide for future intensive development on lands that have been or will be provided with necessary urban services. Residential development within the Transition classification can exceed 25 percent impervious coverage and 2.5 units per acre provided the development is compatible with existing and proposed surrounding land uses, served by public sewer and water systems, and has direct access to a minor arterial or larger access road. The purpose of the Conservation class is to provide long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Generally, estuarine areas of environmental concern as defined by the state and adjacent lands within the 100-year floodplain have been classified as Conservation. The preliminary site plan meets the intent of the Conservation classification. The layout of the proposed buildings and impervious areas have been positioned to be mostly within the Transition classification. Only a small portion (4.3%) of the development’s parking and driveway is within the Conservation classification and complies with the recommended guidelines. Staff recommends approval of the Conditional Use Zoning District concluding that the request is consistent with the requirements of the zoning ordinance and the CAMA Land Use Plan. Although traffic issues have been a concern, the proposed development would be an appropriate use for the location as several businesses are located within walking distance of the proposed apartments. With plans to install the greenway path, residents would be encouraged to use other means of transportation such as walking and biking, which would reduce the amount of vehicular trips taken. At the March 3, 2016 Planning Board meeting, the board voted 5-0 to recommend approval of the rezoning and special use permit with the following conditions: 1. A 10-foot multi-use path shall be installed along N. College Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining properties and shall include any necessary crosswalks, boardwalks, or bridges. 2. Existing vegetation must remain within the rear buffer and be supplemented as necessary to provide the 100% visual opacity requirement. In response to questions about the school traffic count included in the TIA, Ben Hughes, District 3 Engineer with NCDOT, explained that the school traffic was incorporated in the background counts and the data would be included in the appendix of the report. The traffic count would have occurred between 7 a.m. and 9 a.m. and would show up in the greatest peak period. In regards to the accumulative impact of new commercial projects of the last three to four years, Mr. Hughes said that the TIA included the two adjacent developments and other projects would show up in the background traffic. Commissioner Zapple expressed concern about the danger of students crossing the heavily traveled road and walking to McDonalds or Taco Bell without a crosswalk. Mr. Schuler noted that the greenway plan calls for crosswalks at three of the intersections near the school, but construction is not scheduled until 2024. Chairman Dawson requested the petitioner to comment. Barry Amos of College Road Development Partners LLC, property owner of 2600 N. College Road, thanked the Board for delaying the hearing from the April meeting; and he stated that the partners believe the project to be in NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 526 the best interest of the community and requested approval of the request. Cindee Wolf of Design Solutions, representing the petitioner, reported that the area is classified as Transition and is intended for more intensive urban development. The B-2 Highway Business would allow intense commercial uses, such as a 20,000-square foot retail establishment or a 25,000-square foot office building and would create higher trip generation than residential uses. The 88 apartments are slightly more than the 82 units allowed in an R-15 zoning district and the R-10 district would be consistent as a transitional use between the busy thoroughfare road and the single-family development behind the property on Long Ridge Drive. In 2012, the property owners were considering a much larger project with 120 units as well as office and retail uses. The WMPO said that because of the reduction in the proposed plan with less units and the completed road improvements, the current TIA did not need to be updated. By reducing the number of apartments to 88, the overall daily traffic count was reduced by 60%, AM peak was reduced by 50% and PM peak reduced by 70%. An adequate distance between the driveway at Taco Bell and the first entrance at the high school should avoid any conflict with the traffic flow. Dan Cumbo, project engineer for the TIA, was available for any questions. Ms. Wolf stated that the rezoning is consistent with the County’s Policies for Growth and Development, which encourages the availability of safe and affordable housing. Apartments with easy access to schools would be very attractive for single-parent families or the work force in the Murrayville or Northchase areas. She reasoned that sustainability of the County depends on sensible infill and maximizing use of lands already accessible to urban services, and a greater density of residential development not only increases the tax base, but also makes better use of the existing infrastructure. Public water and sewer utilities are available in the area. All the buildings are located beyond the current Special Flood Hazard Area boundary and constructed with first floors above the preliminary base elevations. The large wooded area on the northern side of the ditch remains natural and the existing wooded area on the eastern boundary next to the single-family lots will be preserved and supplemented to provide adequate screening and buffering. Stormwater management will protect the overall water quality by attenuation and treatment of runoff before going into the natural drainage pattern. These findings of fact as presented support the approval of the rezoning and special use permit. Commissioner Zapple expressed concern about the dangerous traffic conditions for pedestrians trying to cross the busy road without crosswalks. Vice-Chairman Barfield suggested that flashing lights should be installed to alert drivers that pedestrians are crossing the street. As the County becomes more urban, in particular this area of N. College Road with a church, apartments, and fast food restaurants, other modes of transportation will need to be realized and safety devices installed. Mike Kozlosky, Executive Director of the WMPO, responded that at the Board’s direction, the WMPO would discuss the issue with NCDOT to determine safety measures for the students at the intersections. Chairman Dawson requested those who had signed up to speak in favor or in opposition to the request to give their comments. Keith Hales, resident of Long Ridge Drive, said that he did not object to the apartments, but requested the Commissioners’ consideration of noise and traffic issues from the apartments. He expressed safety concerns about vehicular traffic making left turns from Long Ridge Drive over five lanes of traffic on N. College Road and the potential noise from the residents using the clubhouse and pool areas. Dennis Trite, resident of Long Ridge Drive, expressed concern about the amount of traffic and traffic accidents that occur almost daily at the intersection and he was opposed to adding more developments in the area. In rebuttal, Ms. Wolf responded that the noise concerns would be addressed by fencing and buffering of the property as well as enforcement of the noise ordinance for anyone making loud noise in a private development. The proposed development does not require a new driveway and would not directly impact Long Ridge Drive. Apartments would generate less trips than other potential uses for the property. Hearing no further discussion, Chairman Dawson closed the public hearing and requested direction from the Board. Commissioner Zapple said that he still had concerns about the amount of traffic on N. College Road and the students crossing the street without a crosswalk, even though the project has been scaled down to a size that is better for the community. Many people from the school and in the community have complained about the traffic problems. The infrastructure in the County, especially the roadways, is inadequate to handle additional traffic from new developments and the number of students driving and those riding to school with their parents is causing major traffic congestion on that stretch of road. Commissioner Watkins pointed out that the number of units proposed is below the number allowed in an R- 10 zoning district and is almost the number of units allowed in an R-15. The proposed use would have less impact on traffic than those allowed by right. There is a great need for infrastructure in a growing County, but the Commissioners have to consider the rights of the property owners who are the applicants and the homeowners who are neighbors. He requested to move forward with a motion to approve. Chairman Dawson asked the petitioner if he agreed with staff’s findings of fact and the two conditions for the special use permit and whether to continue the application to a future meeting or proceed with the Board deciding NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 527 to approve or deny the rezoning request. Mr. Amos agreed to the findings of fact and the conditions and 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 the request to rezone 8.05 acres at the 2600 block of North College Road from B-2, Highway Business District, and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District, as the Board finds that the application as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition classification allows for intensive development on lands that have been provided with Urban Services. The property is located on an arterial street and is in close proximity to public water and sewer services. The proposal is also consistent with the Conservation classification because impervious surfaces will be limited within the areas of the property classified as Conservation, and because no structures or septic systems will be constructed within those same Conservation areas. 2.) Reasonable and in the public interest because it provides increased density in areas best suited for development and because it provides for alternative modes of transportation by installing a multi-use path in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. In further discussion, Vice-Chairman Barfield said that it is important for the County to work with the WMPO and NCDOT when dealing with rural areas, such as Castle Hayne and N. College Road, in making sure that safety features such as signalized crosswalks and other road improvements are available, just as the other high schools have had similar projects to protect students when crossing the roads. He also suggested that the County might want to inform parents of the necessity that students should ride the school bus to eliminate some of the traffic congestion. Commissioner Zapple asked whether a condition requiring a crosswalk should be required in granting the special use permit. Planning Director Chris O’Keefe explained that a crosswalk at the applicant’s property may not be the best location for it and the County may not be able to determine the best location. He also noted that adding the condition might be difficult for staff to administer. Mr. Hughes suggested that the County request the NCDOT Chief Traffic Engineer to perform a traffic study of the area to determine the best location for a crosswalk. Vice-Chairman Barfield agreed that the County could not require NCDOT to perform the study, but the County and the WMPO should request safety improvements for the students. He said that he would present the request at the next meeting of the TAC/WMPO to petition NCDOT to perform a study and provide signalized crosswalks at the school. Vote Result: Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Dawson requested direction from the Board concerning the companion special use permit. Motion : Commissioner White MOVED, SECONDED by Vice-Chairman Barfield, to grant a special use permit to develop a high-density development at 2600 North College Road, concluding that the request for a special use permit complies with the four required findings of fact, with the following conditions: 1. A 10-foot multi-use path shall be installed along N. College Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining properties and shall include any necessary crosswalks, boardwalks, or bridges. 2. Existing vegetation must remain within the rear buffer and be supplemented as necessary to provide the 100% visual opacity requirement. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice-Chairman Barfield requested staff to include the requirement of sidewalks or greenway paths on future projects in that area, noting that a sidewalk should have been included in front of the Taco Bell project. 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 JUNE 19, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 75. A copy of the order granting the special use permit and listing the findings of fact is contained in SUP Book IV, Page 59.1. PUBLIC HEARING AND APPROVAL OF A SPECIAL USE PERMIT REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNERS, FSS PROPERTIES, LLC, FOR AN ASPHALT MIXING FACILITY (INTENSIVE MANUFACTURING) ON A 10.01-ACRE PARCEL LOCATED AT 5600 HOLLY SHELTER ROAD (S-629, 4/16) Chairman Dawson opened the Public Hearing and announced that the special use permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. She 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 Ken Vafier Chris O’Keefe NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 528 Tamara Murphy Brad Newland Thomas Johnson Cindee Wolf Mark D. Huncik Hansen Matthews James Sanderford Larry Sanford Ben Andrea, Current Planning and Zoning Supervisor, reported that the applicant, Design Solutions, on behalf of the property owner, FSS Properties, LLC, is requesting a special use permit to operate an intensive manufacturing use at 5600 Holly Shelter Road. The site is zoned I-2, Heavy Industrial, and is located within a large I-2 zoning district in the northern area of the county. The nearest residential zoning district consists of nearly 60 homes to the southwest along Blue Clay Road and some residential uses on Lula Nixon Road to the north. Undeveloped land predominates the area along with some industrial uses on Holly Shelter Road. To the north is a heavy truck servicing facility and to the east is a Duke Energy Progress complex that includes offices, fleet services, and equipment storage yards. In the northeast is an industrial facility that appears to be vacated and to the south is a shooting range surrounded by a large vacant and undeveloped tract. On Diamond Shamrock Road is Elementis Chromium and to the west is a cement mixing facility and Adams Products, a brick and masonry product supplier. To the north is a mining and quarrying facility. Currently the subject property is not being used, but was used for equipment storage and offices for various contractors and businesses and as an outdoor recreation facility. The site is cleared of trees and vegetation. The proposed use is for an asphalt mixing facility (NAICS324121) and the operation is described as a facility that mixes existing materials, aggregate, sand and a binder under heated conditions to produce the final mixed asphalt product, which is then loaded onto trucks and shipped to final destinations for use. Potential impacts include noise, dust, odor, stormwater runoff and air emissions. Noise is described as minimal and limited to the site due to the central location of the machinery. Dust resulting from the operation will be controlled through filtration. The existing pond on the site is proposed to be improved for use as stormwater runoff mitigation. The impacts to air quality would be minimized through a state-issued permit for air emissions that would impose conditions on hourly and annual production. The use of natural gas, bag filters for particulate control, and recycled asphalt would contribute to low impacts to air quality. Holly Shelter Road is classified as a minor arterial by NCDOT and is functioning at a high level of service based on its design capacity and existing volume. Traffic counts conducted in the 5,600 block in September 2015 show an average daily trip count of 5,943 with a capacity of 29,300 vehicles per day and operating at a Level of Service “A.” Trip generation from the use will be primarily heavy trucks bringing materials to the site and leaving the site with mixed asphalt in route to the final destination. The hours of operation would be from 6:00 a.m. to 6:00 p.m. and the truck traffic per day will be 20-50 trucks. Additionally, peak traffic in the mornings would be potentially six trucks per hour leaving with the mixed asphalt. A Traffic Impact Analysis (TIA) is not required for the development due to the low trip generation from the proposed use. A new driveway permit will increase the driveway to a 24-foot wide pavement to accommodate two-way traffic for large trucks. The site is split between two subclasses of the Resource Protection land use class in the 2006 CAMA Land Use Plan: Aquifer Resource Protection Area and Wetland Resource Protection Area. Impacts to the resources are diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. Staff has concluded that the proposal would pose very small if any risk of sufficient contamination and therefore be consistent with the Aquifer Resource Protection subclass. No wetlands have been identified on site and the proposal should have no impact to wetlands off site; therefore, staff concludes that the proposal is not in conflict with the Wetland Resource Protection subclass. At the April 14, 2016 Planning Board meeting, no one from the public spoke in opposition or in support of the request and the Planning Board voted 7-0 to recommend approval with no conditions. Staff conducted an analysis of the proposed use and created preliminary findings of fact to support each of the four conclusions required for the special use permit. The findings are included as part of the agenda package and submitted as evidence in support that the use is in general conformity with the plan of development for the County. In response to questions from the Board, Mr. Andrea said staff assumed that trucks might remain on site overnight. The hours of operation would be from 6:00 a.m. to 6:00 p.m. The existing office building does have bathroom facilities and it is connected to an existing septic system. The proposal is not in conflict with the CAMA Land Use Policy 3.31 based on information provided by the applicant. Chairman Dawson reported that no one had signed up to speak in favor of or in opposition to the request and invited the petitioner to make comments. Tom Johnson, attorney with Nexsen Pruet and representing the applicant FSS Properties, requested that the application and associated documents be submitted as evidenced in support of the request. He reported that the hours of operation would be from 6:00 a.m. to 6:00 p.m. and would be limited to production needs and the requirements of the air quality permit. The binder material is delivered by tanker truck and stored on site. Trucks may remain on site overnight for early pickup of material for delivery. The small operation would handle asphalt production for residential streets and parking lots with daytime delivery. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 529 Cindee Wolf of Design Solutions and representing FSS Properties, LLC, the property owner, reported that Southern Asphalt, Inc. has been in business for more than 10 years and provides asphalt paving to general contractors and some government agencies. They propose to mix the product on site in a location that would have better access to the markets they serve using major thoroughfares of Market Street (Highway 17), Interstate 40 and Castle Hayne ‐ Road (Highway 133). The nearby quarry can provide convenient aggregate supply. Natural gas is the heating source for mixing the product. Production per day would range from 400 to 1,000 tons with truck traffic consisting of 2050 trucks per 12-hour day. The morning peak volume could be six trucks per hour at maximum yield. The machinery for mixing the material has been sited central to the property and would not produce extensive noise beyond the site. Surrounding property uses are industrial in nature. The site plan has been created in accordance with the zoning ordinance regulations. An existing office structure would be upgraded. The primary circulation area for the trucks would be asphalt pavement. A stormwater ‐ pond will satisfy the water quality requirements and quantity detention. A wide range of permits, beyond the special ‐ use permit, will be required for initial construction and ongoing operations and will assure that the use will not endanger the public health or safety. The I2, Heavy Industrial zoning district is intended for this type of use; and the tract is in an area of other uses of similar intensity and character. A driveway permit will be required and will be designed so that the entry road will be 24 feet wide; the access driveway to Holly Shelter Road will be improved to include the proper turning radiuses for safe and convenient movement of trucks going in and out of the site. No vegetation or wetlands are present on the property and there are no concerns with the Aquifer Resource Protection overlay. In response to questions regarding spillage of the product, Ms. Wolf explained that the asphalt pavement would protect the soil, as the viscosity of the binder material would allow for easy cleanup. A conditional concept plan was provided for the request, but a more detailed site plan will be submitted for approval by all agencies. Bill McDow, Engineer with the Wilmington Metropolitan Planning Organization (WMPO), reported that a full technical review will be completed for the site plan, but he did not anticipate any concerns with the project and it should be approved. Hansen Matthews, an appraiser with Maus, Warwick, Matthews and Company reported that the proposed facility would be located in the middle of an industrial area zoned for heavy industrial uses. He stated that the proposed use would fit the character of the industrial area and it would have no negative impact on the value of nearby properties. Mr. Johnson reported that Mark Huncik, an environmental consultant for the petitioner, was available if the Commissioners had any questions concerning the air quality permit. Hearing no further discussion, Chairman Dawson closed the public hearing and reported that a special use permit, which is denied, may only be resubmitted if there has been a substantial change in the facts, evidence, or conditions of the application as determined by the Planning Director and asked the petitioner whether to continue the application to a future meeting or to proceed with the Board deciding whether to grant or deny the application; and she asked the applicant if he agreed with staff’s findings of fact. Attorney Johnson responded that he agreed with the findings of fact and requested the Board to proceed with a decision. Chairman Dawson requested direction from the Board. Motion : Commissioner White MOVED, SECONDED by Vice-Chairman Barfield, to grant a special use permit for an asphalt mixing facility (intensive manufacturing) in an I-2, Heavy Industrial Zoning District, at 5600 Holly Shelter Road, concluding that all four findings of fact have been met and citing the preliminary findings of fact in staff’s summary. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order granting the special use permit and listing the findings of fact is contained in SUP Book IV, Page 59.2. BREAK: Chairman Dawson called a break from5:57 p.m. to 6:14 p.m. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF THE PROPERTY OWNERS, CLARENCE K. AND PEGGY W. HENRY, AND MICHAEL F. AND ALETA J. MOSER, TO REZONE 2.77 ACRES LOCATED AT THE 5000 BLOCK OF CAROLINA BEACH ROAD FROM R-15, RESIDENTIAL DISTRICT, TO (CZD) O&I, CONDITIONAL OFFICE AND INSTITUTIONAL DISTRICT, IN ORDER TO DEVELOP TWO OFFICE BUILDINGS TOTALING 10,000 SQUARE FEET. (Z-956, 4/16) Chairman Dawson opened the public hearing and requested staff to make the presentation. Current Planner Brad Schuler reported that the applicant proposes to develop two office buildings totaling 10,000 square feet on two separate lots totaling 2.77 acres. The property is located just north of Monkey Junction on Carolina Beach Road and zoned R-15 Residential. The property adjoins land that is annexed into the City of Wilmington. The zoning in the vicinity consists of a mixture of commercial and residential districts. Commercial zoning districts of B-2 (CZD), and (CUD) B-2, and O&I are located along Carolina Beach Road and create a large commercial node around Monkey Junction. The commercial uses include a mixture of office, retail, and restaurant uses. The Lakes at Johnson Farms, a high-density development, is located to the north. Willoughby Park, a multi- family development, adjoins the property to the east. The proposed development will generate 18 trips in the AM peak, and 17 trips in the PM peak. In addition, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 530 a high-density development (Z-957) is being proposed directly behind the property and will use the same access to Carolina Beach Road. The proposed use of apartments will generate 41 trips in the AM peak, and 50 trips in the PM peak. Because the combined trips from both projects do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) is not required. The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count at the 5000 block of Carolina Beach Road in 2015 that indicated an average daily traffic of 29,430 vehicles. The road has a design capacity of 29,300 daily trips, and therefore it is classified as having an “F” Level of Service. NCDOT is currently working on a pedestrian safety project in the Monkey Junction area that includes the installation of a sidewalk along Carolina Beach Road from the Burger King at Monkey Junction to Willoughby Park Drive. Staff is recommending a condition be added that would require the sidewalk be extended in front of the property. According to the 2006 CAMA Plan, the site is classified as Urban and the purpose of the Urban classification is to provide for continued intensive development and redevelopment of existing urban areas. At the April 14, 2016 Planning Board meeting, the Board voted 7 to 0 to recommend approval with the following conditions: 1. A sidewalk shall be installed along Carolina Beach Road. The sidewalk shall connect to and be constructed consistently with NCDOT’s pedestrian safety improvements proposed for the Monkey Junction/Carolina Beach Road area. 2. A traffic impact analysis (TIA) shall be required if any combination of land uses which access from the 50 foot private access easement (including off-site uses) exceed 100 peak hour trips. Staff concludes that the application is consistent with the requirements of the zoning ordinance and the 2006 CAMA Land Use Plan. Specifically, the property is accessed by an arterial street and is located near a major intersection where nonresidential uses are encouraged to locate and the proposal complies with Policy 4.3 of the Land Use Plan. Staff recommends approval of the application. In response to questions from the Board, Mr. Schuler explained that the condition of the TIA for any modifications would inform staff that both development projects will need to be considered to determine the number of trips generated from the property. He confirmed that originally, the plan had one large office building, but after the community meeting, the plan was changed to two buildings and two lots. The site plan includes a right turn lane as NCDOT will require it for the driveway permit and the sidewalk should be shown on the site plan for the road frontage. The architectural features on the street façade will add to the aesthetics of the building. Chairman Dawson requested the petitioner to comments. Cindee Wolf of Design Solutions, representing the petitioner, reported that between the two owners, the Mosers and the Henrys, five parcels of land are part of the rezoning request, which includes the next agenda item. Although the frontage of the property is zoned residential, it may be more practical for non-residential uses. Offices would have a low impact but appropriate type of use along Carolina Beach Road, a busy commercial thoroughfare that would extend the business zone. Because the types of office use are unknown at this point, architectural features have not been included with the site plan. Based on popular planning principles and policies, the design shows that one building is the frontage hiding the parking behind the building. Good architectural features could be a condition placed on the special use permit that the petitioner would accept and the two office buildings should have similar architectural content. The petitioners are requesting both the residential and office uses at the same time in order to combine access to one driveway. An agreement has been signed with Mr. Roberts, an adjacent property owner to the north, requiring a privacy fence along the property boundary beside the road and sidewalk. The proposed uses would be more appropriate and allow a better design instead of four or five separate lots each with driveways. The property owner is interested in developing an 80-unit apartment complex behind the office buildings. Chairman Dawson reported that one person had signed up to speak. Randolph Coble, a resident of Willoughby Park and president of the homeowners association, stated that the community of 230 plus units was not in opposition of the rezoning proposals or the layout and believed that the project would complement the area and provide much needed affordable housing. However, the homeowners would like a privacy fence from Carolina Beach Road to Appeals Road in order to separate the residential and office uses and to install a gated access at Appeals Road for emergency access only as some of the residents are elderly and do not want additional traffic through the neighborhood. Mr. Coble requested that the fence and gate requirements be included as conditions for approval of both projects. Ms. Wolf responded that at the community information meeting the privacy fence was discussed and agreed upon by the apartment developers. A condition for the developer of the commercial property would be to install the privacy fencing adjacent to the commercial property along the common boundary with Willoughby Park at a 25-foot setback from Carolina Beach Road to the rear boundary of the O&I zoning district and as a condition for the apartment complex for the next agenda item. Hearing no further discussion, Chairman Dawson closed the public hearing and requested direction from the Board. Commissioner Zapple requested the Commissioners consider a condition to include specifics for architecture features of the proposed office building facing Carolina Beach Road to ensure some aesthetic appeal. He noted that some of the buildings along Carolina Beach Road were metal buildings and look like warehouses. In discussion, Mr. Schuler suggested that architectural guidelines could be incorporated into the condition NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 531 for the building façade facing Carolina Beach Road, such as the following: no metal materials shall be used as the siding, the addition of glazing/windows, and to incorporate wall offsets every 30 feet for architectural appeal. Chairman Dawson asked the applicant whether to continue the application to a future meeting or to proceed with the Board deciding to approve or deny the application. Ms. Wolf requested the Board to proceed with a decision and that they agreed with the four conditions. Chairman Dawson requested direction from the Board. Motion : Commissioner Zapple MOVED, SECONDED by Chairman Dawson, to approve the request to rezone 2.77 acres located at the 5000 block of Carolina Beach Road from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District, in order to develop two office buildings as the Board finds that the application as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas and because the plan encourages commercial development to occur on major thoroughfares and at major intersections in the County; and 2.) Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities, with the following conditions: 1. A sidewalk shall be installed along Carolina Beach Road. The sidewalk shall connect to and be constructed consistently with NCDOT’s pedestrian safety improvements proposed for the Monkey Junction/Carolina Beach Road area. 2. A traffic impact analysis (TIA) shall be required if any combination of land uses which access from the 50 foot private access easement (including off-site uses) exceed 100 peak hour trips. 3. A privacy fence shall be installed along the southeastern property line to screen the proposed development from the Willoughby Park neighborhood. The privacy fence shall be constructed beginning at the 25 foot front setback line and continue to the rear property line. 4. The front office building located adjacent to Carolina Beach Road shall incorporate architectural features to include glazing and wall offsets every thirty feet, and the façade shall not consist of a metal material. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED April 7, 1971 is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 102. PUBLIC HEARING AND APPROVAL OF REQUEST BY DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF THE PROPERTY OWNERS, CLARENCE K. AND PEGGY W. HENRY, AND MICHAEL F. AND ALETA J. MOSER, TO REZONE 5.8 ACRES LOCATED AT THE 5000 BLOCK OF CAROLINA BEACH ROAD FROM R-15, RESIDENTIAL DISTRICT, TO (CUD) R-10, CONDITIONAL USE RESIDENTIAL DISTRICT, AND GRANT A SPECIAL USE PERMIT TO DEVELOP A HIGH DENSITY DEVELOPMENT CONSISTING OF 80 APARTMENTS (Z-957, 4/16) Chairman Dawson opened the public hearing and announced that the Conditional Use Residential District (CUD) for a special use permit to develop a high-density development process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. She 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 Brad Schuler Tamara Murphy Thomas Johnson Cindee Wolf Andy Rosen Michael Moser Tim Clinkscales Chairman Dawson requested staff to make the presentation. Current Planner Brad Schuler reported that the rezoning request is for a Conditional Use District, which is a zoning district that requires every use within it obtain a special use permit. Two separate actions would need to be taken by the Board and any conditions must be added to the special use permit. The property located at the 5000 block of Carolina Beach Road consists of wooded and undeveloped land within four parcels totaling 5.8 acres. It is just north of Monkey Junction and zoned R-15. The request is to rezone the property to a (CUD) R-10 district to develop a high-density development consisting of four buildings containing 80 dwelling units and a separate clubhouse building for the residents. The property adjoins land annexed into the City of Wilmington. Zoning in the vicinity consists of commercial and residential districts. Commercial districts include B-2, (CZD) and (CUD) B-2, and O&I, along Carolina Beach Road and create a large commercial node around Monkey Junction consisting of office, retail, and restaurant uses. Other multi-family developments in the area include Myrtle Grove Apartments, Pleasant Grove Village Apartments, Madeline Place Townhomes, and Still Meadow Apartments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 532 The proposed development will generate 41 trips in the AM peak and 50 trips in the PM peak and did not require a Traffic Impact Analysis (TIA) because the trips do not exceed 100 in the peak hours. A traffic count at the location in 2015 yielded an average daily traffic count of 29,430 trips. Carolina Beach Road has a design capacity of 29,300 daily trips and is classified as having an “F” Level of Service (LOS). NCDOT plans for a pedestrian safety project in the Monkey Junction area and includes the installation of a sidewalk along Carolina Beach Road from Monkey Junction to Willoughby Park. An emergency gate installed at Appeals Road into Willoughby Park would limit access but open for emergency services. A small area of wetlands is located on the property and will need to be delineated by the Army Corps of Engineers; however, the development area is outside of those areas. According to the 2006 CAMA Land Use Plan, the site is classified as Urban and is to provide for continued intensive development and redevelopment of existing urban areas. At the April 14, 2016 Planning Board meeting, no public comments were presented and the Board voted 7-0 to recommend approval of the rezoning and special use permit with a condition that a TIA shall be required if any combination of land uses which access from the 50 foot private access easement (including off-site uses) exceed 100 peak hour trips. In discussion, Planning Supervisor Ben Andrea explained that at the technical review committee meetings, Fire Services reviews and approves the use of emergency sirens. If a gate fails to open, Fire Services is able to open the gate. Commissioner Zapple questioned what happens in a couple of years if the proposed uses exceed 100 peak hours. Mr. Schuler explained that when a major modification of a plan occurs, a new application would need to be submitted for approval and staff would review to determine whether a TIA is needed. Director O’Keefe added that any proposed traffic improvements are based on projected traffic volumes. If a modification causes an increase trips, then conditions can be added. Once a project is approved, the County is unable to review and impose road improvements. Wilmington Traffic Engineer Bill McDow explained that data is based on a combination of actual counts from a TIA or the IPE trip generation manual’s use rates or equations based on the types of planned usage. Studies have been taken from all over the country with a limited amount of data. An apartment use rate may be based on 60 to 80 studies in typical cities, but they may not have the same demographics. The apartment mix would include the number of one, two or three bedrooms and other typical variations. Commissioners Watkins and Zapple expressed concern that the 80 apartments could potentially have 200-250 people living in the apartments and generate more than the estimated peak hour trips. Chairman Dawson requested the petitioner to comment. Tom Johnson, attorney with Nexsen Pruet and representing the petitioner, requested that the application and associated documents be recorded as evidence in support of the application and that the petitioner accepts staff’s findings of fact and agrees to the condition of the TIA as recommended by staff and the privacy fencing as requested by the residents of Willoughby Park. In response to concerns about the trip generation and engineering figures, he explained that the numbers are averages based on engineering studies. Some units may have more trips but others may have fewer trips. If the proposed usages were changed that would affect the entire project and generate more than 100 trips, a TIA would be required. The proposal is below that threshold and should not cause concern. Cindee Wolf of Design Solutions, representing the property owners, reported that the owners propose to develop the property for a multi-family project using tax credit funding. The apartments would provide affordable housing and would help address one of the economic strategies of the County and City. The process for the tax credits started in January and it is highly regulated. Not everyone would qualify for the apartments, but generally, families would be the main residents. Incomes of each resident are considered and very closely monitored by on site security management. It would be important to maintain and manage the property properly to ensure that all regulations are kept. The property location has access to public transportation and only one improved driveway will be used instead of having smaller access points. Renovation and rehabilitation of the land will use landscaping standards and stormwater management guidelines. The residents will have easy access to shopping and services in the Monkey Junction area and along Carolina Beach Road. NCDOT safety improvements will provide a sidewalk along the corridor to the property and the developer will provide sidewalks along the frontage of the office buildings to the parking area along the private access easement. The residents would have no reason to access Willoughby Park as both driveways would exit north onto Carolina Beach Road. The two multi-family developments might be of a different character or income level and the Willoughby Park residents may want a certain amount of separation. A privacy fence from the setback on Carolina Beach Road to the gated area for emergency access will provide that privacy. Rezoning the property from R-15 to R-10 Residential allows 99 units; however, the size of the buildings and the density are factors for the tax credit. The project has a large amount of greenspace as part of County regulations for setback, bufferyard, and fringe areas for high-density developments. Good circulation is planned throughout the project and to Carolina Beach Road. The architecture of the apartments and community center should be of similar style. At the community information meeting, comments were more about drainage issues found in the area. The plan considers the placement of the stormwater pond based on those comments and thresholds of the regulations; and the development should not impact other stormwater drainage. Tim Clinkscales of Paramounte Engineering was present to respond to any questions about the drainage plan. In discussion, Ms. Wolf responded to questions from Randolph Coble, a resident and president of the homeowners association of Willoughby Park, concerning the drainage plan. The ditch along the vegetation and trees are a part of Willoughby Park and would not be disturbed or changed. The drainage for the proposed development would move water to the pond area and would not use the stormwater drainage system of Willoughby Park. Mr. Coble NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 533 stated that he was pleased with the proposed condition of the privacy fencing and in agreement with the site. Ms. Wolf responded to questions on fire safety and their plans to install fire hydrants and sprinkler systems for the project. Hearing no further discussion, Chairman Dawson closed the public hearing and asked the applicant if she agrees with Staff’s findings of fact and the two conditions proposed for the special use permit and she asked whether to continue the application to a future meeting or proceed with the Board deciding to approve or deny the request. Ms. Wolf responded that she agreed with the findings of fact and conditions as presented and requested the Board to proceed with the decision. Chairman Dawson requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Chairman Dawson, to approve the request to rezone 5.8 acres located at the 5000 block of Carolina Beach Road from R-15, Residential District to (CUD) R-10, Conditional Use Residential District as the Board finds that the application as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas. The property is accessed from an arterial street and is in close proximity to public water and sewer services. 2.) Reasonable and in the public interest because it provides increased density in areas best suited for development. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Dawson requested direction from the Board concerning the special use permit. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to grant a special use permit to develop a high-density development at the 5000 block of Carolina Beach Road, as it complies with the four findings of fact, with the following conditions: 1. A traffic impact analysis (TIA) shall be required if any combination of land uses which access from the 50 foot private access easement (including off-site uses) exceed 100 peak hour trips. 2. A privacy fence shall be installed along the southeastern property line to screen the proposed development from the Willoughby Park neighborhood up to Appeals Drive. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 103. A copy of the order granting the special use permit and listing the findings of fact is contained in SUP Book IV, Page 59.3. PUBLIC HEARING AND APPROVAL OF REQUEST BY BROCK VENTURES INC., APPLICANT, ON BEHALF OF THE PROPERTY OWNER, LAWRENCE LAWSON HEIRS, TO REZONE 6.9 ACRES LOCATED AT THE 4700 BLOCK OF CAROLINA BEACH ROAD FROM (CUD) B-1, CONDITIONAL BUSINESS DISTRICT, AND R-15, RESIDENTIAL DISTRICT, TO (CUD) R-10, CONDITIONAL USE RESIDENTIAL DISTRICT, AND GRANT A SPECIAL USE PERMIT TO DEVELOP A HIGH DENSITY DEVELOPMENT CONSISTING OF 80 APARTMENT UNITS (Z-958, 4/16) Chairman Dawson opened the public hearing and announced that the Conditional Use Residential District (CUD) for a special use permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. She 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 Brad Schuler Tamara Murphy Charles Baldwin Stephen Brock Robbie B. Parker Peter Jones Chairman Dawson requested staff to make the presentation. Current Planner Brad Schuler reported that the rezoning request is for a Conditional Use District and a special use permit requiring potentially two separate actions to be taken by the Board. The subject property is a 6.9-acre parcel located at 4713 Carolina Beach Road and is currently zoned (CUD) B-1, Conditional Use Business district and an R-15 Residential district. The (CUD) B-1 district was established in 2008 as part of the Belle Meade Development, which proposed a movie theater and other retail, restaurant, and office uses. The property is now being proposed for an 80-unit apartment complex and is an area that transitions into the City of Wilmington. A multi-family development of Belle Meade Apartment Complex is currently being constructed adjacent to the property. The properties in the unincorporated area are mostly zoned residential and used for residential purposes. Most of the property is a wooded undeveloped tract with a vacant single-family dwelling on Carolina Beach Road that will be removed. The site plan shows that the development would consist of four buildings containing 80 dwelling units with a density of 11.5 units per acre. Access will be at Carolina Beach Road and Sikes Drive. Although there were some issues regarding the connection to Sikes Drive, a compromise has been worked out between the two NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 534 developers. The proposed development will extend Sikes Drive to the southern portion of the property. Staff recommends a condition be added to the special use permit requiring Sikes Drive be platted as a public right of way prior to issuance of a Certificate of Occupancy. The road would provide interconnectivity to St. Andrews and to Seventeenth Street should Sikes Drive be extended. The site plan calls for a greenway path along Carolina Beach Road and the applicant has agreed to install a ten-foot multi-use path along the frontage of the property. A traffic impact analysis is not required; however, NCDOT has stated that the existing turn lane at Mateo Drive must be extended to serve the development. In 2015, the Wilmington Metropolitan Planning Organization (WMPO) reported a traffic count in the area of 29,000 average daily trips, which equates to a Level of Service of “F.” According to the 2006 CAMA Land Use Plan, the property is classified as Urban and allows for continued intensive development and redevelopment of existing urban areas. A high-density development may be appropriate. The Planning Board members voted 7-0 to recommend approval of the rezoning and special use permit with conditions. Staff recommends approval of the conditions that were agreed upon by Belle Meade Development and the applicant regarding Sikes Drive as follows: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive on the subject property, Tract 7 Biddle Subdivision, shall be platted as a public right-of-way. 2. A ten-foot multi-use path shall be installed along Carolina Beach Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. 3. Sikes Drive from Tract 7 Biddle Subdivision to St. Andrews Drive shall not be opened for access for the benefit of the subject property until a Certificate of Occupancy has been issued pertaining to the development on the subject property. The purpose of the condition is to ensure that construction traffic does not travel on the existing Sikes Drive. While Sikes Drive was platted as a public right-of-way, the City of Wilmington has not accepted the road as a part of its maintenance system and the property owner is concerned that the construction traffic may cause damage to the road. Once construction is completed, Sikes Drive would open for use. Vice-Chairman Barfield expressed concern about the number of apartments being built on Carolina Beach Road and South Kerr Avenue and said that homeowners may not have anticipated apartments being in front of their homes. He asked Planning staff how the County will address the overload of apartments and the lack of aesthetic appeal and asked about the vision for Carolina Beach Road. Mr. Schuler responded that the developers study the market before making an investment and determining the type of development. The land use plan allows for urban areas, which allows for higher density development and the proposed project would be an appropriate use of the property. In response to questions about the requirement of the multi-use greenway path, Planning Director Chris O’Keefe explained that the greenway plan calls for the multi-use path to be on the east side of Carolina Beach Road starting at Independence Road and running south to the Monkey Junction area. However, NCDOT plans to add a sidewalk project starting at Monkey Junction because of safety concerns and the number of pedestrian accidents that have occurred over the last few years. Chairman Dawson requested the petitioner to comment. Charles Baldwin, attorney with Brooks Pierce Attorneys and representing the petitioner, reported that the proposed project would be a good use for the community in the long-term and it would be built to high quality standards and aesthetically pleasing. A dedicated traffic stem would promote good traffic flow and a retention pond would add to the aesthetic appeal in front of the buildings. Stephen Brock, of Brock Ventures, Inc. the petitioner, stated that he plans to partner with Buckeye Community Hope Foundation to build the 80 apartments. They plan to have a long-term partnership and build a well- designed and structured product that has guarantees and oversight of maintenance for 30-plus years. The buildings will be aesthetically pleasing with broken-up rooflines, dormers, architectural shingles, brick, hardie board and energy star windows. Entrances to the apartments will be at Sikes Drive and at Carolina Beach Road and the apartments would face Carolina Beach Road. The apartments qualify for low-income housing tax credits for construction and would provide affordable rents for the elderly or families earning up to 60% of area’s median income. The apartments are targeted and reserved for workforce individuals and families. The housing is not Section 8, HUD financing, housing authority, public housing, or a rent subsidy. The apartments will have a full-time property manager and tenants would be screened for credit, criminal, and income. To be tax credit compliant, quarterly unit inspections and a long-term maintenance plan will be required and funded each year from rent payment reserves in the operating budget. Mr. Baldwin presented the following criteria for rezoning the property: 1. Consistent with the purposes and intent of the Land Use Plan:  Urban classification allows intensive development  Excellent road and utilities access NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 535  Consistent with neighboring apartment development and Carolina Beach Road corridor  Policy 16.2 supports the enhancement of a broad range of affordable housing options, particularly for low and moderate income families 2. Reasonable and in the public interest:  Provides multi-family, affordable workforce housing in a suitable area  Below limit density of 11.6 units/acre versus 17 allowed  Installation of multi-use path/alternative modes of transportation per the Greenway Plan  Provides interconnectivity to surrounding properties In support of the special use permit, Mr. Baldwin presented findings of fact as follows:  The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved:  100% residential, workforce housing  Managed by full time, on-site property manager (on call 24/7)  Manager overseen by property management firm, owners and audited by financial investors and agencies  Built according to all applicable codes, including lighting and fire specific regulations  Good utilities and road access via arterial street of Carolina Beach Road and Sikes Drive  Interconnectivity per Greenway Plan and interior sidewalks  Fenced playground and pond  The use will meet all required conditions and specifications of the zoning ordinance:  No known variances from ordinance or standards are proposed or requested  Lower actual density than maximum  The use will not substantially injure the value of the adjoining or abutting property or that the use is a public necessity:  Property is currently unimproved with an abandoned house on site  New construction will be aesthetically attractive and above minimal code requirements  Will be professionally managed on a full time basis  Increases value of adjacent land locked parcel via Sikes Drive access  Surrounding property includes multi-family  Appraisal submitted by Joe Jones, a certified appraiser  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:  Consistent with Urban land use classification  Provides for alternative forms of transportation per 2012 Greenway Plan and Policy 6.9 of CAMA Land Use Plan  Residential nature will complement existing surrounding residential uses, including multi-family  Attractive design, family-friendly, built for the long term  Higher intensity use is a good transition from Carolina Beach Road to adjacent single family homes Chairman Dawson reported that one person had signed up to speak and asked him to comment. Robbie B. Parker, of Lee Law Firm and representing the owners of Belle Meade Apartments, stated that his client wanted him to ensure that no construction traffic would use Sikes Drive during construction of the apartments and that the Commissioners would not require all of Sikes Road to become a public road as part of the conditions. The proposed conditions as presented would address his client’s concerns about Sikes Road. In discussion, Mr. Schuler explained that the passive recreation space on the site plan cannot be changed for another use or additional apartments unless a new site plan is submitted for review and approval. Hearing no further discussion, Chairman Dawson closed the public hearing and asked the petitioner if he agreed with Staff’s findings and the conditions as presented and asked whether to continue the application to a future meeting or to proceed with the Board deciding to approve or deny the request. Mr. Baldwin responded that he agreed to staff’s finding and the conditions and requested to proceed with the Board’s decision. Chairman Dawson requested direction from the Board. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to approve the request to rezone 6.9 acres located at the 4700 block of Carolina Beach Road from (CUD) B-1, Conditional Business District and R-15, Residential District, to (CUD) R-10, Conditional Use Residential District, as the Board finds that the application as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban classification provides continued intensive development and redevelopment of urban areas. The property is accessed from an arterial street and is in close proximity to public water and sewer services. 2.) Reasonable and in the public interest because it provides increased density in areas best suited for development, and because it provides for alternative modes of transportation by installing a multi-use path in accordance with the Comprehensive Greenway Plan, and because it provides interconnectivity to the surrounding properties. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 536 Chairman Dawson requested direction from the Board on the companion special use permit. Motion : Vice-Chairman Barfield MOVED, SECONDED by Chairman Dawson, to grant a special use permit to develop a high-density development on 6.9 acres located at the 4700 block of Carolina Beach Road, concluding that the request complies with the four required findings of fact as detailed in staff summary with the following conditions: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive on the subject property, Tract 7 Biddle Subdivision, shall be platted as a public right-of-way. 2. A ten-foot multi-use path shall be installed along Carolina Beach Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi-use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. 3. Sikes Drive from Tract 7 Biddle Subdivision to St. Andrews Drive shall not be opened for access for the benefit of the subject property until a Certificate of Occupancy has been issued pertaining to the development on the subject property. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 104. A copy of the order granting the special use permit and listing the findings of fact is contained in SUP Book IV, Page 59.4. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF THE PROPERTY OWNERS, MILDRED WOLFF FUTCH ET AL, TO REZONE 1.95 ACRES LOCATED AT 2715 N. 23RD STREET FROM R-15, RESIDENTIAL DISTRICT, TO (CZD) B-1, CONDITIONAL BUSINESS DISTRICT, TO DEVELOP A 5,000 SQUARE FOOT COMMERCIAL BUILDING (Z-955, 4/16) Chairman Dawson opened the public hearing and requested staff to make the presentation. Planning and Zoning Supervisor Ben Andrea reported that the request is to rezone a 1.95-acre parcel of land located at 2715 N. 23rd Street, approximately one-quarter mile south of the intersection with Castle Hayne Road. The property is zoned R-15 and zoning in the vicinity consists of a mixture of commercial, residential, and industrial districts. The commercial districts on Castle Hayne Road include B-2, B-1, and O&I and create a commercial node at that intersection. Across N. 23rd Street is Airport Industrial (AI) zoning, adjacent to the north is B-1 zoning, and to the south is R-15. Land uses consist of office, warehouse, retail, restaurant, industrial, and single-family residential uses. The petitioner is seeking to rezone the parcel to (CZD) B-1, Conditional Business District, in order to develop a 5,000 square foot multi-tenant commercial building. Most of the property would remain undeveloped with the exception of some wetland areas that would be filled for the project. Access would be provided from a new driveway at N. 23rd Street Street and would require a driveway permit from NCDOT. The site plan does comply with zoning standards including parking requirements, building setbacks and bufferyard. Cape Fear Public Utility Authority will provide water and sewer. Proposed uses for the site include: special trade and general contractors (with no outside storage), general merchandise, barber/beauty shop, business services including printing, indoor recreational establishments, personal services, clock, watch, and jewelry repair, and offices for private business and professional activities. Traffic generation from these uses would be minimal based on the size of the structure and they would not generate the 100-peak hour trip threshold that requires a Traffic Impact Analysis (TIA). Based on a recent TIA for the proposed Hanover Lakes subdivision, the road network appears to be functioning well and operating at a Level of Service of “A” in the AM peak and “B” in the PM peak. Staff concludes that the application is consistent with the requirements of the zoning ordinance and the 2006 CAMA Land Use Plan and complies with Policy 4.3 of the Land Use Plan. Specifically, the property is accessed by an arterial street where nonresidential uses are encouraged to locate. The property is classified as Transition and the proposal is essentially expanding an existing B-1 district in an area more suitable for non-residential uses than residential uses. The Planning Board voted 7 to 0 to recommend approval of the rezoning with one condition to retain the existing vegetation in the required bufferyard and supplement that vegetation as necessary. In response to questions on the availability of water and sewer, Mr. Andrea clarified that information was received indicating that CFPUA plans to extend service along Twenty-Third Street. To concerns about the topography and wetlands located on site, Mr. Andrea responded that staff would review several technical standards of the project including stormwater management. Chairman Dawson reported that no one had signed up to speak in favor of or in opposition to the request and requested the petitioner to comment. Cindee Wolf of Design Solutions, representing the petitioner, reported that the developer is interested in constructing a one-story 5,000 square foot commercial building on the front portion of 2715 N. 23rd Street. At the community meeting, the adjacent property owners did not have any problem with the proposed small office space. James Stone, the potential property owner, plans to use part of the office space to operate a fire and water restoration NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 537 business. A very preliminary delineation of the wetlands was provided and a smaller building with less parking spaces may be on the final plan requiring staff approval. A retaining wall may be needed along the back of the property to build up to the street level. Water is currently available and CFPUA plans to install a 10-inch gravity sewer main along Twenty-Third Street to the intersection of Castle Hayne Road. If necessary in the meantime, the client would obtain a permit for a small system until the availability of sewer. Hearing no further discussion, Chairman Dawson closed the public hearing and asked the petitioner whether to continue the application to a future meeting or to proceed with the Board deciding to approve or deny the request. Ms. Wolf responded to proceed with the Board’s decision. Chairman Dawson requested direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Chairman Dawson, to approve the request to rezone 1.95- acre parcel located at 2715 N. 23rd Street R-15 Residential District to (CZD) B-1, Conditional Business District, as the Board finds that the application as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition classification provides for intense urban development in areas with urban services and because the plan encourages commercial development to occur on major thoroughfares in the County. 2.) Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities, with the following condition: Existing vegetation must remain within the required bufferyard and be supplemented as necessary to provide the 100% visual opacity requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 9A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9A, Page 54. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY EDWARD H. CLARK OF HANOVER LAKES LLC, PROPERTY OWNER, TO REZONE 2.2 ACRES LOCATED AT THE 2100 BLOCK OF CASTLE HAYNE ROAD FROM R-15, RESIDENTIAL DISTRICT, TO (CZD) O&I, CONDITIONAL OFFICE AND INSTITUTIONAL DISTRICT, TO DEVELOP A COMMERCIAL/OFFICE BUILDING (Z-953, 4/16) Chairman Dawson opened the public hearing and requested staff to present the rezoning request. Current Planner Brad Schuler reported that the proposed rezoning includes 2.2 acres of a 106.75-acre parcel of land located at the 2100 block of Castle Hayne Road, approximately three quarters of a mile south of the intersection with N. Kerr Avenue. The remaining 104 acres within the parcel have received preliminary plat approval in order to develop a 231-lot single-family performance residential subdivision currently named Hanover Lakes. The 2.2-acre parcel is not included within the approved subdivision. In 2006, the property was rezoned from R-20 to R-15. Zoning in the vicinity consists mostly of residential districts including the R-20, R-15, and AR (Airport Residential) districts. Existing neighborhoods in the area include Sedgefield, directly east of the property, and Seitter Acres, located to the north. A tire/auto shop is across the street. Commercial districts and uses are located between Twenty-Third Street and N. Kerr Avenue on Castle Hayne Road. A conceptual site plan was included with the application and if approved, the property must be developed in accordance with that plan. Any major modification to the site plan would have to be processed as a new rezoning application. The plan shows a 12,970 square foot commercial/office building that may contain multiple tenants and would limit certain uses to those that do not generate more than 100 peak hour trips; therefore, a Traffic Impact Analysis (TIA) was not required. The Wilmington Metropolitan Planning Organization (WMPO) reported a 2015 traffic count at the 2100 block of Castle Hayne Road and found an Average Daily Traffic (ADT) of 17,238 trips and a Level of Service of “F.” The State Transportation Improvement Program shows a project to widen Castle Hayne Road to multi-lanes in 2023. A TIA completed for the proposed Hanover Lakes subdivision found that the minor street approaches of the site’s access and Spring Road are expected to operate at a Level of Service of “E” or “F” when Hanover Lakes is expected to be completed in 2018. Other intersections and approaches will operate at an acceptable level of “A” to “D.” NCDOT will require the installation of a center turn lane along that portion of Castle Hayne Road and a deceleration turn lane into the proposed subdivision. The Planning Board voted 7-0 to recommend approval of the rezoning with the following conditions: 1. No more than a total of 100-peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyard and be supplemented as necessary to provide the 100% visual opacity requirement. Staff recommends approval of the request concluding that the application is consistent with the requirements of the zoning and subdivision ordinances and the 2006 Wilmington-New Hanover County CAMA Land Use Plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 538 Specifically, the property is accessed by an arterial street where nonresidential uses are encouraged to locate and the O&I district prohibits more intensive commercial uses that are permitted in the B-1 and B-2 zoning districts, and is therefore considered to be an appropriate district to transition into residential areas. The site is classified as Transition and the purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. A brief discussion was held on the types of permitted uses that would be allowed on the property, in particular, the antennae and towers of less than 70 feet. Discussion was also held on whether a sidewalk should be required. Chairman Dawson reported that no one had signed up to speak in favor of or in opposition to the request and requested the petitioner to make comments. Allison Engebretson, landscape architect with Paramounte Engineering and representing the property owner Edward H. Clark of Hanover Lakes LLC, reported that the plan does not include a sidewalk but the property owner would agree to add the sidewalk as one of the conditions. They were unable to site the sidewalk on the plans because they have not received NCDOT’s road improvement plan for widening Castle Hayne Road. The property, located north of the proposed subdivision of Hanover Lakes Subdivision, is separated from the residential area by a tract of wetlands and the owner wants to make good use of the property fronting Castle Hayne Road. In conversations with staff, they agreed that an O&I Conditional Rezoning would provide good options and promote neighborhood services for the surrounding area. At the community meeting, the neighbors were concerned about some of the possible uses and helped determine the uses that would be acceptable. O&I uses are not as intense as a business zoning and would still provide neighborhood services. The petitioner agreed to the conditions of the Planning Board, but asked the Commissioners to consider changing the condition for signage. Instead of a monument style, Ms. Engebretson requested that the sign requirements listed in the zoning ordinance for O&I be applied to the property for a freestanding sign with the following conditions: a.) any freestanding sign on this property shall not exceed 12 feet in height, and b.) no flashing, digital, or changeable message freestanding sign is allowed. The ordinance does allow freestanding signs in the O&I zoning district at the same height as the building, and the proposed condition reduces the sign height by nearly half. The Planning Board eliminated the ability to have any type of a pole-supported sign. She presented pictures within a half mile of the site that showed both the six-foot monument style signs and 14-foot pole signs. The signs near the intersection of North Kerr Avenue and Castle Hayne Road were taller 20 to 25-foot signs, as well as having changeable message signs, digital signs and signs that were taller than the buildings, which would be excluded for the site. Ms. Engebretson reiterated that O&I regulations allow both pole and monument style signs and requested the condition to read “a free standing sign on the property shall not exceed 12 feet in height with no flashing or digital signs.” In discussion of the County’s sign ordinance, Planning and Inspections Director O’Keefe explained that monument signs are consistent with sign requirements on Carolina Beach Road, Market Street and other roads in a Special Highway Overlay District (SHOD). Castle Hayne Road is not in a SHOD, but members of the Planning Board may have a visual preference in requiring the monument style sign. Planning Board member Tamara Murphy responded that the Planning Board’s concern was more about the flashing digital or changeable message signs and not specifically about pole signs. They did not want the character of the area to be detracted by the signage. She said that the Planning Board would not object to a pole sign that is limited to a height of 12 feet as proposed by the petitioner. She thought that a pole sign would work with the façade and the building height of 20 feet. With the question of whether other pole signs have been approved in the area, Planning and Zoning Supervisor Ben Andrea reported that the most recently approved pole sign of the past year was at Castle Hayne Farms, a flower farm across the street from an industrial type area. Hearing no further discussion, Chairman Dawson closed the public hearing and asked the petitioner whether to continue the request to a future meeting or proceed with the Board approving or denying the request. Ms. Engebretson responded to proceed with the Board’s decision. Chairman Dawson requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to approve the request to rezone 2.2 acres located at the 2100 block of Castle Hayne Road, to (CZD) O&I, Conditional Office and Institutional District, in order to develop a commercial/office building, as the Board finds that the application as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the property is located on an arterial street and will be served by public water and sewer services, thereby making it suitable for intensive urban development which is encouraged in the Transition Classification. 2.) Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities, with the following conditions as recommended by the Planning Board: 1. No more than a total of 100-peak hour trips can be generated from the use or combination of uses located within the zoning district. Change of use proposals must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to issuance of the Certificate of Occupancy. 3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 539 that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide the 100% visual opacity requirement. In discussion, Commissioner White commented that it is important that the County’s ordinances provide predictability and consistent standards to those seeking to comply with the regulations and the Board should not place conditions that are different from the ordinance. He supported the applicant’s request for the pole sign, but would vote in favor of the motion. Chairman Dawson agreed and said that if the Commissioners continue to make exceptions, perhaps changes should be made to the ordinance. Vice-Chairman Barfield commented that it is important that the County have some consistency in its appearance throughout the County and it should be included in future discussions of the land use plan. Vote Result : Upon vote, the MOTION CARRIED UNANIMOUSLY. At the conclusion of the Board meeting, Commissioner Watkins commented that he agreed that the Commissioners need to be consistent with the ordinances when approving requests and that the County should address those differences. Planning and Inspections Director Chris O’Keefe responded that the zoning ordinance is dated and the County has grown considerably since it was created; however, the County is in the very early stages of rewriting the entire ordinance and it is the goal of the project to have consistency within the County’s ordinances as well as ordinances of the City of Wilmington. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 10A, Page 38. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY DESIGN SOLUTIONS, ON BEHALF OF THE PROPERTY OWNER, NIX INVESTMENTS 2 LLC, TO REZONE 0.58 ACRE LOCATED AT 2415 CASTLE HAYNE ROAD FROM R-15, RESIDENTIAL DISTRICT, TO (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS DISTRICT, IN ORDER TO DEVELOP A MINI-WAREHOUSE BUILDING (Z-954, 4/16) Chairman Dawson opened the public hearing and requested staff to present the rezoning request. Current Planner Brad Schuler reported that the property is a 0.58-acre parcel located at 2415 Castle Hayne Road, approximately one-quarter mile south of the intersection with N. Kerr Avenue. The property is zoned R-15 and abuts to property that is zoned B-2 Business. The zoning in the vicinity consists of a mixture of commercial and residential districts. The commercial uses include office, warehouse, retail, and restaurant uses; residential uses include Chadwick Acres and a proposed performance residential subdivision of Riverside located further north. The proposed development will generate one trip in the AM peak, and two trips in the PM peak. Because the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) was not required to be completed. According to traffic counts conducted by the Wilmington Metropolitan Planning Organization, the intersection at Castle Hayne Road and N. Kerr Avenue has an average of 17,238 trips per day. A TIA for the proposed Riverside Development found that intersection will operate at an acceptable Level of Service of “C” in the AM and “D” in the PM peak when the subdivision is completed in 2019. The State Transportation Improvement Programs shows that improvements to Castle Hayne Road is expected to begin in 2023. The property is classified as Transition according to the 2006 CAMA Land Use Plan and the purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. At the April 14, 2016 Planning Board meeting, one adjoining neighbor spoke in favor of the rezoning, and the Board voted 7-0 to recommend approval of the rezoning with the condition that existing vegetation remain within the bufferyards and be supplemented as necessary to provide 100% visual opacity requirement. Staff recommends approval as the application is consistent with the requirements of the zoning ordinance and complies with Policy 4.3 of the 2006 CAMA Land Use Plan. Specifically, the property is accessed by an arterial street where nonresidential uses are encouraged to locate and the proposal is essentially expanding an existing B-2 district and business. Chairman Dawson reported that no one had signed up to speak in favor or in opposition to the request and requested the Petitioner to comment. Cindee Wolf of Design Solutions, representing the petitioner, reported that the owner of the Wrightsboro Self-Storage facility is interested in expanding his business and constructing a new one-story, climate control building on the adjacent property at 2415 Castle Hayne Road. Mary Ann Meadows, the adjacent property owner, spoke in support of the rezoning at the Planning Board meeting, but was unable to attend the Commissioners’ meeting. Water and sewer services are unavailable for this area and a driveway permit will not be needed. The proposed use will have very little impact to the area. Hearing no further discussion, Chairman Dawson closed the public hearing and asked the petitioner whether to continue the application to a future meeting or proceed with the Board deciding to approve or deny the application. Ms. Wolf responded to proceed with the Board’s decision. Chairman Dawson requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, MAY 2, 2016 PAGE 540 Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chairman Barfield, to approve the request to rezone 0.58 acre located at 2415 Castle Hayne Road from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District, in order to develop a mini-warehouse building, as the Board finds that the application as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition classification provides for intense urban development in areas with urban services and because the plan encourages commercial development to occur on major thoroughfares in the County. 2.) Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities, with the condition that the existing vegetation must remain within the bufferyard and be supplemented as necessary to provide the 100% visual opacity requirement. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 10A, Page 39. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Dawson reported that no one had signed up to speak on non-agenda items. ADDITIONAL ITEMS Vice-Chairman Barfield thanked Parks and Gardens Director Tara Duckworth for her efforts in the completion of the new basketball court at Hugh MacRae Park. The youth in the community have enjoyed playing basketball at the new court and appreciate the convenience of the neighborhood park. ADJOURNMENT There being no further business, Chairman Dawson adjourned the meeting at 9:17 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.