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2016-09-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 602 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 6, 2016, at 4:00 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 Paul Sidlofsky, Temple of Israel, provided the invocation and Commissioner White 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: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Agenda Review Meeting of August 18, 2016 and Regular Meeting of August 22, 2016. Ratification of Constitution Week Proclamation for the Daughters of American Revolution - Tea Walk Chapter – Governing Body The Commissioners ratified a proclamation for Constitution Week as adopted on August 24, 2016. Chairman Dawson presented the proclamation to the Daughters of American Revolution - Tea Walk Chapter at an event held on September 1, 2016. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 16.1. Adoption of a Resolution Designating the Names of Two County Public Library Facilities – Public Library The Commissioners adopted a resolution designating the names of two library facilities as follows: New Hanover County Public Library Pine Valley Branch – relocation of Myrtle Grove Branch New Hanover County Public Library Story Park – formerly named Carolina Courtyard A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 16.2. Adoption of a Resolution Approving the Sole Source Award of Contract to Motorola, Inc. for an Upgrade of the Motorola 800 MHz Astro 25 Public Safety Radio System – Emergency Management/911 Department The Commissioners adopted a resolution of a sole source award of contract to Motorola, Inc. to upgrade the Motorola 800 MHz Astro 25 Public Safety Radio System to Motorola, Inc., in the amount of $1,727,023. The upgrade will refresh the operating system software and a number of the infrastructure hardware components to Motorola’s latest version. A number of the current system components have reached or exceeded manufacturer’s end of life for parts and/or service and must be replaced. Approximately 7,500 individual public safety and public service radios are affiliated with the system. The compatibility with the County's current public safety radio system is the overriding factor for justification of sole source award. Funding for the project is included in the FY 2016-17 CIP Budget of $1,272,823 and Emergency Telephone System Fund - Article 3 of $454,200. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 16.3. Adoption of Resolution in Support of a N.C. Division of Water Resources (NCDWR) Shallow Draft Inlet Grant Application for the Mason Creek/Atlantic Intracoastal Waterway (AIWW) Crossing Maintenance Dredging Event – Engineering Department The Commissioners adopted a resolution in support of a Shallow Draft Inlet grant application for the Mason Creek/Intracoastal Waterway maintenance-dredging project. The request to NCDWR is to fund 66.67% or approximately $860,000 of the engineering and construction costs leaving approximately 33.33% or $430,000 for the local match. The estimated project cost is $1.29 million. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 16.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 603 Adoption of a Resolution Approving the Sole-Source Purchase of Patented Posi-Shell Supplies from LSC Environmental – Environmental Management Department The Commissioners adopted a resolution approving the purchase of Posi-Shell materials and supplies from LSC Environmental as a sole source vendor for as long as the Posi-Shell equipment is used at the County Landfill or until other satisfactory unpatented products become available, in accordance with the sole source provisions outlined in G.S. 143-129(e)(6). Funds in the amount of $75,000 are included in the FY 2016-17 Budget to purchase materials for landfill cover. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 16.5. Approval of New Hanover Regional Medical Center Fourth Amendment to the Letter of Credit and Reimbursement Agreement – Finance Department The Commissioners approved the fourth amendment to the Letter of Credit and Reimbursement Agreement with New Hanover Regional Medical Center and authorized the County Manager to sign the agreement. The Medical Center issued $40,000,000 of variable rate hospital revenue bonds in 2008. In order to provide security for the payment, an irrevocable letter of credit with RBC Bank, now PNC Bank, was issued. The letter of credit was extended in 2011 and 2014. This Fourth Amendment extends the expiration to September 2019. Approval of June 2016 Tax Collection Reports – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County and New Hanover County Fire District as of June 2016. Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 16.6. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING CONSTITUTION WEEK ON BEHALF OF THE DAUGHTERS OF AMERICAN REVOLUTION - STAMP DEFIANCE CHAPTER Chairman Dawson announced that the Daughters of the American Revolution - Stamp Defiance Chapter has requested a proclamation recognizing September 17-23, 2016 as Constitution Week. Chairman Dawson read the proclamation into the record and moved for adoption. Motion: Chairman Dawson MOVED, SECONDED by Vice-Chairman Barfield, to adopt a proclamation recognizing September 17-23, 2016 as Constitution Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chapter Regent Meg Smith, on behalf of the Stamp Defiance Chapter, accepted the proclamation and invited everyone to attend the formal bell ringing in honor of the 1787 signing of the Constitution to be held at the Burgwin- th Wright House, on September 17 at 4:00 p.m. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 16.7. ADOPTION OF PROCLAMATION RECOGNIZING SEPTEMBER 13, 2016 AS WHQR DAY Chairman Dawson announced that the Board has been requested to adopt a proclamation in recognition of WHQR Public Radio. Commissioner Zapple read the proclamation into the record. Motion : Chairman Dawson MOVED, SECONDED by Commissioner Watkins, to adopt a proclamation recognizing September 13, 2016 as WHQR Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Cleve Callison, station manager of WHQR Public Radio, accepted the proclamation and announced that the station has begun its broadcasting of election forums of local races at noon every Wednesday and Thursday and invited everyone to participate in the civil discourse. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 16.8. ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 2016 AS LITERACY AWARENESS MONTH AND INTERNATIONAL LITERACY DAY Chairman Dawson announced that the Cape Fear Literacy Council has requested the Board to recognize September as Literacy Awareness Month and September 8, 2016 as International Literacy Day. Vice-Chairman Barfield read the proclamation into the record and moved for adoption. Motion : Vice-Chairman Barfield MOVED, SECONDED by Chairman Dawson, to adopt a proclamation recognizing September as Literacy Awareness Month and September 8, 2016 as International Literacy Day. Upon vote, the MOTION CARRIED UNANIMOUSLY. Yasmin Tomkinson, executive director of the Cape Fear Literacy Council, expressed appreciation for the County’s support of the Literacy Council and offered training for those who want to volunteer and work with adults NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 604 to improve their reading, writing, math, and verbal skills. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 16.9. GROUNDWATER AUDIT PRESENTATION Strategy and Policy Coordinator Jennifer Rigby stated that at the July 11, 2016 meeting, the Commissioners directed staff to bring recommendations for a comprehensive groundwater study as identified in the implementation initiative of the Comprehensive Plan. She reported that the study would look at the County’s drinking water from the Cape Fear River and aquifers with the main areas of focus to be quantity and quality of water in the aquifer system. The quantity of water depends on how water enters the aquifer system through the recharge areas, which can occur through rivers and streams or through the infiltration of rainwater. The quality of the aquifer is affected by primary sources of contamination from saltwater intrusion, which occurs from a proliferation of wells that can lower the water table and allow saltwater to enter and from failing septic and storage tanks that leak into the aquifer. County Engineer Jim Iannucci and Ms. Rigby met with officials from USGS, N.C. Division of Water Resources, and Cape Fear Public Utility Authority to understand recent and current groundwater studies. Three relevant studies of the County’s groundwater interest are as follows:  2012 USGS Study funded through CFPUA for an update on saltwater intrusion:  Water quality study completed but it is not comprehensive:  Based on volunteer participation  Study did not include southern areas of county  Recommendation: Proposal to update study with additional well sites in southern areas  2015 USGS Study - completion in 2018:  Regional groundwater model of recharge areas and rates  Surface water model of the Cape Fear River Basin and Peedee River Basin  Ecological response model of water availability  Water quantity study does not include data of saltwater intrusion or other contaminants  Request to identify primary recharge areas that are sensitive to contamination  Recommendation: Identify primary recharge areas and get recommendations for these areas  NC Division of Water Resources Study of groundwater/aquifer users:  Water quantity study to be completed November 2016:  Need additional well sites in southern areas of county  Same sites can be used to get data for groundwater users and saltwater intrusion  Recommendation: Identify public property that can be used for additional well sites Next Steps:  Identify additional well sites on public property in southern area of county for DENR Study  USGS staff to present proposal at September 15th Agenda Review:  Provide water quality and saltwater intrusion model  Provide primary recharge area identification  Present recommendations on moving forward Chairman Dawson commented that former State Representative Rick Catlin sponsored bills to get funding for groundwater studies because of the importance of protecting the health, safety and welfare of our citizens and in preparing for future population growth. She believed that the USGS information should be presented at a regular meeting so that everyone might hear the public discussion and she requested that the meeting date be changed to the September 19, 2016 meeting. Commissioner Zapple commented that the USGS Scientific Investigation Report of 2014-5169 for New Hanover County appears to have used several well sites located throughout the county and covered saltwater intrusion. However, if additional well sites are needed, the County should be able to locate two public sites. In response to questions, Ms. Rigby confirmed that the LaGrand Study reported that the primary recharge area is located in the Porters Neck area near the I-140 interchange and that the state would perform a regional study that includes Pender County. She said that staff intends to coordinate with Pender County for a regional perspective. Ms. Ribgy also reported that the USGS would like the Commissioners’ feedback on the draft proposal and that they should be ready to start the three-year study in a few months. The data report would take some additional time and the proposed study would confirm the most vulnerable of the primary recharge area of the aquifers and provide recommendations. Chairman Dawson stated that previous studies have identified areas of concern and those areas were included in the land classifications map of the CAMA Land Use Plan as conservation areas, wetland and resource protection and aquifer resource areas. She believed that the Board would need to know the impact of certain business development and growth patterns and how that affects groundwater issues. The County’s investment in the water and sewer project on U.S. Highway 421 North promotes economic development in business and job growth and that area is the County’s most sensitive. She requested direction from the Board in implementing this goal of the comprehensive plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 605 Motion : Commissioner Watkins MOVED, SECONDED by Commissioner Zapple, to approve staff proceeding in locating two additional well sites on public property in the southern area of the county for the USGS/DEQ study. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Dawson confirmed that the Board would hear the USGS proposal at the September 19, 2016 Board meeting. Commissioner Zapple requested confirmation from staff that Investigation Report 2014-5169 was included as part of the review with USGS. ADOPTION OF THE 2017 SCHEDULE OF VALUES Tax Administrator Allison Snell reported that the proposed 2017 Schedule of Values was presented to the Board at the August 1, 2016 meeting and a public hearing was held on August 22, 2016. The schedule will provide standards, rules, guidelines and methodologies for the 2017 reappraisal of property and would ensure the equalization and uniformity of the process. She requested the Board adopt the order approving the 2017 Schedule of Values. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to adopt the order approving the 2017 Schedule of Values as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XL, Page 16.10. PUBLIC HEARING AND APPROVAL OF TEXT AMENDMENT TO THE ZONING ORDINANCE UPDATING REFERENCES IN THE 2006 CAMA LAND USE PLAN TO COINCIDE WITH THE COMPREHENSIVE LAND USE PLAN – KNOWN AS THE "BRIDGING ORDINANCE" (A-424, 7/16) Chairman Dawson opened the public hearing and requested staff to make its presentation. Current Planning and Zoning Supervisor Ben Andrea reported that the proposed text amendment serves as a “bridging ordinance” between the County’s 2006 CAMA Land Use Plan (LUP) and the recently adopted 2016 Comprehensive Land Use Plan until the adoption of a unified development ordinance (UDO). Because the zoning ordinance references the land use classifications, the amendment would replace those references in the place type classifications of the new land use plan or other designations as appropriate and would be primarily policy neutral as possible. Mr. Andrea presented a slide presentation of maps showing the differences between the two classifications and noting that 17 sections of the zoning ordinance would need to be updated. Section 72-42 on High Intensity Mining is allowed only in I-2 zoning districts with a Special Use Permit (SUP), provided that the criteria is met. Section 4 disallows high intensity mining in areas classified as aquifer resource protection or watershed resource protection on the 2006 LUP map. Very few areas of the existing I-2 zoning districts overlap with the aquifer resource protection area and no I-2 zoning currently exists in the watershed resource protection areas. Of the existing I-2 zoning that is currently within aquifer resource protection, only a fraction are within place types that would encourage heavy industrial type uses, including commerce zone and maybe employment center. Staff supports deleting the sentence and relying on the SUP process to demonstrate that a proposed high intensity mining use would not negatively impair or impact the aquifers or any other resource, as it would be the burden of the applicant to demonstrate this in order for a permit to be approved. At the Planning Board meeting, two people spoke in support of amendments to the draft. One person requested an addition to the text amendment pertaining to community boating facilities. A representative from the N.C. Coastal Federation suggested alternative language for Section 72-42 concerning high intensity mining operations. The Planning Board voted 5-0 to recommend approval of staff’s draft with the additional language for Section 72-42 (4) “An application for a Special Use Permit for High Intensity Mining activities shall require an analysis of impacts to aquifer recharge areas.” Staff does not support the language for these reasons:  It imposes a new requirement for all high intensity mining proposals, which is outside of the scope of the purpose of the bridging text amendment  The language is ambiguous as to what the study should evaluate, who it should be performed by, and what methods should be used in the study  Such an analysis could be requested by the Planning Board or Commissioners on a case-by-case basis and be tailored to specific concerns or questions for a proposed mining operation. Mr. Andrea said that staff recommends approval of the staff-recommended version as shown in the staff summary, which does not include the language suggested by the Planning Board. All projects submitted after the adoption of the bridging ordinance would be subject to the language adopted as part of the bridging ordinance amendment. Projects submitted prior to the adoption of the bridging ordinance that are pending approval may choose to comply with the existing Zoning Ordinance language or the language adopted with the bridging ordinance. A question and answer period occurred on the wording of Section 72-42(4) that requires an applicant to provide an analysis on impacts of mining operations in the aquifer recharge areas. Commissioner Zapple suggested that referencing the USGS report would give some guidance showing where the primary recharge areas are located and would provide clarification to that section. County Manager Coudriet noted for the record that in conversations with the USGS and Cape Fear Public Utility Authority staffs, the USGS reports were never considered to be a part of discussions for planning items in reference to water quality or quantity issues; however, USGS will be available to answer questions from the Board concerning the studies in a couple of weeks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 606 Chairman Dawson requested those who had signed up to speak to make comments. Karen Dunn, of the N.C. Coastal Federation, commented that the Coastal Federation supports all of the proposed “bridging” text amendments with the exception of removing Section 72-42(4) High Intensity Mining Operations, which states that “high intensity mining activities shall not be allowed in areas classified as aquifer resource protection or watershed resource protection on the CAMA Land Classification Map.” She agreed with Commissioner Zapple and Professor Roger Shew that the overlap areas of the I-2 district and the aquifer recharge protection area or watershed protection area should remain prohibited in the zoning ordinance. She also agreed that USGS Report 2014-5169 should be referenced for its information since maps no longer identify those areas of protection. There being no further public comments, Chairman Dawson closed the public hearing and requested direction from the Board. In discussion, Commissioner Zapple supported the first sixteen bridging amendments presented by staff, but believed the Board should delay approval of the high intensity mining section until staff could provide additional input perhaps at the next meeting. Commissioner White agreed and said he would support that as a motion. Motion : Commissioner Zapple MOVED, SECONDED by Commissioner White, to approve the text amendment of the zoning ordinance to update references in the 2006 CAMA Land Use Plan to coincide with the Comprehensive Section 72-42 on Land Use Plan – known as the "Bridging Ordinance" as recommended by staff except to exclude Mining in order for staff to review and give further input, as the Board finds that the request as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and the 2016 Comprehensive Land Use Plan, as the amendment is necessary to allow continued administration of land use regulations to facilitate intelligent growth and economic development in the county; and 2.) Reasonable and in the public interest as the amendment allows for uninterrupted administration of the county’s zoning ordinance in a manner consistent with the spirit and intent of the existing regulations. Further discussion was held on the intent of the Planning Board’s decision of adding language to Section 72- 42 on mining. Planning Board member Ted Shipley explained that the Planning Board might have thought that by making the text amendment a countywide ordinance versus an ordinance for the overlap areas of the I-2 district and aquifer resource protection area, an analysis of impacts would be a good requirement for any applicant seeking a SUP for mining. However, it was not heavily debated and it did not receive any opposition from the board members or staff. Mr. Andrea further explained that potentially an application for a SUP for high intensity mining in the I-2 district and the two resource protection areas are limited to very few areas. If the language were removed, the ordinance would open up the potential for a SUP for high intensity mining in other areas of the county. By including the language, a petitioner would need to present evidence of bringing an analysis of impacts to aquifer recharge areas or the Board could require an analysis on a case-by-case basis. The applicant would have to prove that the proposed use would not cause any impacts to the aquifer, river, schools, etc. The Commissioners discussed that additional information may be needed to determine the types of studies that should be required for high intensity mining. Commissioner Zapple argued that the proposed text amendment was not policy neutral. Instead of prohibiting mining in the specific areas of approximately 37 acres, the proposed amendment allows a potential path to approval in areas classified as aquifer resource protection and watershed resource protection until new requirements are provided through the rewrite of the UDO. Planning and Inspection Director Chris O’Keefe suggested to keep the current language in the ordinance during the bridging period and for Section 72-42(4) to read that “high intensity mining activities shall not be allowed in areas classified as aquifer resource protection or watershed resource protection on the 2006 CAMA Land Classification Map.” Although it does not achieve the goal of removing the reference of the 2006 land classification map, it does resolve the concern whether or not the policy is neutral. Although the land classifications are no longer included in the comprehensive plan, the reference to natural resources protection area does not identify specific areas of the county but includes the aquifer recharge areas. Amended Motion: Commissioner Zapple MOVED, SECONDED by Commissioner White, to amend his original motion to approve the text amendment of the zoning ordinance to update references in the 2006 CAMA Land Use Plan to coincide with the Comprehensive Land Use Plan – known as the "Bridging Ordinance" and to include language that “Section 72-42(4) High intensity mining activities shall not be allowed in areas classified as aquifer resource protection or watershed resource protection as indicated on the 2006 CAMA Land Classification Map, as the Board finds that the request as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and the 2016 Comprehensive Land Use Plan, as the amendment is necessary to allow continued administration of land use regulations to facilitate intelligent growth and economic development in the county; and 2.) Reasonable and in the public interest as the amendment allows for uninterrupted administration of the county’s Zoning Ordinance in a manner consistent with the spirit and intent of the existing regulations. Upon vote, the MOTION CARRIED UNANIMOUSLY. In further discussion, the Commissioners agreed that the approved text amendment was policy neutral and that the specific requirements of the permit process for mining operations would be addressed in the rewriting of the Unified Development Ordinance. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 607 A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 16.11. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY DESIGN SOLUTIONS, ON BEHALF OF THE PROPERTY OWNERS, MARIE P. SIKES HEIRS, AND GREGORY W. JORDAN, TO REZONE 7.08 ACRES LOCATED AT THE 4600 BLOCK OF CAROLINA BEACH ROAD FROM (CUD) B- 2, CONDITIONAL USE HIGHWAY BUSINESS DISTRICT, TO (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS DISTRICT, IN ORDER TO DEVELOP A MINI-WAREHOUSE USE (Z-961, 7/16) Chairman Dawson opened the public hearing and requested staff to present the petitioner’s request. Current Planner Brad Schuler presented the request for the (CUD) B-2 and presented a slide overview of the surrounding properties. The (CUD) B-2 zoning district was established in 2008 for the development of a movie theater and other associated office and retail uses. Some of the infrastructures were installed, but no buildings were constructed. Some of the adjoining properties were annexed into the City of Wilmington for a multi-family development that transitions into the city. In May 2016, the Commissioners approved a (CUD) R-10 district to allow development of an 80unit apartment complex further to the south. Other multi-family developments and single- - family housing are located in the surrounding neighborhood. The subject property consists of four parcels of approximately seven acres located along Carolina Beach Road. Three of the four parcels contain single-family dwellings that are proposed to be removed and developed for five mini-warehouses totaling 140,100 square feet. A minor modification was made to the site plan after the Planning Board meeting to reflect a more accurately sized stormwater pond. Originally, the site plan did not comply with buffer and setback standards along the 1.7-acre parcel adjoining the property to the south; however, the applicant has agreed to a condition that the residential dwellings will be removed prior to issuance of a Certificate of Occupancy. The proposed development would generate 21 trips in the AM peak and 36 trips in the PM peak. Because the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis is not required. Access to the property is on Carolina Beach Road. Sikes Drive, located behind the property, is in the city limits and will need to comply with the city's regulations. A driveway permit will only allow an exit onto Sikes Drive. The Wilmington Metropolitan Planning Organization reported that a traffic count at the 5000 block of Carolina Beach Road has an average of 29,000 trips per day with a level of service of “F.” At the community meeting held by the petitioner, homeowners near the property expressed concerns about the aesthetics of the plan. The applicant worked with the residents and agreed to add additional landscaping along Sikes Drive to include a twenty-foot wide planted buffer and eight-foot solid fence as well as the required street landscaping. According to the 2006 CAMA Land Use Plan, the site is classified as Urban for the purpose of providing continued intensive development and redevelopment of existing urban areas. The new 2016 Comprehensive Land Use Plan classifies the property as Community Mixed Use, which focuses on small-scale, compact, mixed-use development patterns that promote multimodal travel and acts as an attractor for residents and visitors. Staff contends the application is inconsistent with the purposes and intent of both plans because the proposed mini-warehouse use does not maximize the benefits of available infrastructure that supports urban development. Carolina Beach Road and St. Andrews Drive (a collector street) and a network of sidewalks throughout the highly populated community serve the area. Neighborhood services such as retail, office or other consumerbased uses - would better benefit the area's residents and would reduce dependency on the automobile and encourage residents to walk and bike. Mr. Schuler showed examples of developments with consumer-based services and job opportunities, such as small grocery/market stores, drug stores, restaurants and other services that people use on an everyday basis. He noted that mini-warehouses are not considered an appropriate neighborhood-serving use because the use does not attract many customers as pointed out in the estimated trip generation data. Furthermore, because the area is adjacent to the City of Wilmington, staff requested the City’s Planning Department to comment on the application’s consistency with the City’s Comprehensive Plan. City staff reviewed the application and stated that the proposed use is inconsistent with the growth map and strategies of the comprehensive plan because it does not appropriately use infrastructure investments made in the area. When the Planning Board heard the request at its July 7, 2016 meeting, one resident representing multiple property owners on Matteo Drive spoke in favor of the application, citing that area residents prefer the proposed use as opposed to unknown possible uses of the property in the future. In addition, a representative from the real estate company coordinating the sale of the property spoke in favor of the application. The Planning Board voted 4-0 to recommend approval of the application with conditions, stating that the proposed development is a needed neighborhood service and would not generate a high volume of traffic. They added the following conditions: 1. 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. 2. The rear bufferyard, located along Sikes Drive, shall be installed in accordance with the buffer exhibit included in the application, including installation of an eight-foot tall solid fence, a twenty-foot wide planted buffer, and a thirty-five-foot wide streetscape. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 608 The applicant agreed to the following additional condition initiated by staff after the Planning Board meeting: 3. The residential uses on the property shall be discontinued and abandoned prior to issuance of a Certification of Occupancy for the proposed development. In response to questions from the Board, Mr. Schuler explained that infrastructures in place include urban services of public water and sewer, a viable transportation network with access to major and minor arterial roads, bike and pedestrian improvements of sidewalks and multi-use paths, and a bus route. Chairman Dawson invited the petitioner to make comments. Cindee Wolf, of Design Solutions and representing the property owners, reported that the tract is a part of a master plan that includes a 14-plex movie theater. Some of the current homeowners in Bellamy Village were unaware of the former plan and were supportive of the mini-warehouse use. Their biggest concern was the exit only driveway on Sikes Drive and the visual impact of the rear property. They also were concerned about the amount of traffic cutting through to Pine Hollow Drive and the possibility of additional traffic that might result from a higher intensive type use. They agreed that the use of the tract as a storage facility in comparison with other B-2 uses was a positive point for the neighborhood. To address the neighbors’ concerns, an additional buffer and solid fencing were added to provide visual and noise screening. The closest storage building would be more than 150 feet from the front yard of any of the new homes. In response to staff’s findings of the residential rental properties being a non-conforming use in a B2 (CUD) - project, Ms. Wolf reported that the owners plan to abandon and remove the structures from the property and they have agreed to the legal discontinuance of residential uses on the property. The owners consider the storage facility to be the highest and best use of the property and that other high intensive uses might not fit their vision for the property. She also reported that no other interest has been shown in developing the tract for any other commercial use. Policy 4.1 of the comprehensive plan calls to “designate sufficient land area and suitable locations for the various use types” and the proposed use at that location would maximize a commercial use where it is needed. Residents of the nearby multi-family and single-family communities need storage capability and they desire the location to be convenient, as supported by marketing studies. The owner of the Belle Meade Apartments considers the storage units as an asset for his tenants. In conclusion, Ms. Wolf said that the proposed petition is replacing the previously approved plan for a regional movie theater, which would generate more traffic and noise for the residential community. The storage units would generate less traffic and yet provide a needed service for the neighborhood. Storage facilities are an appropriate use in the urban classification and community mixed use place types and she believed that the request is relative to the policies of growth and development and would attract and retain businesses. The developer has other successful storage facilities in the region and plans to incorporate similar design features and conditions to assure public safety and to mitigate potential impacts. As the site plan meets the County’s ordinance requirements, Ms. Wolf requested approval of the storage facilities as recommended by the Planning Board. The petitioner agrees with the three conditions as presented. Commissioner Barfield commented that he was one of the Commissioners who approved the site for a movie theatre long before the homes were built near the site. He said that he was concerned for the homeowners and the long-term impact a massive storage facility would have on the resale value of their homes. In addition, he was concerned about “hodgepodge development” that is happening on Carolina Beach Road and flooding issues on St. Andrews Drive. Councilman Charlie Rivenbark, of Maus, Warwick, Matthews and Company, commented that he attended the Planning Board meeting and agreed with them that the property is more suitable to provide a local level service instead of a regional highway business. He said that the developer of the property would not build a storage facility on the property unless there was marketing data supporting the need in the surrounding neighborhoods. In response to questions from the Board, Ms. Wolf explained that night lighting, hours of operations, and buffer requirements would meet the County’s regulations. She also pointed out the recently annexed properties by the City in the surrounding area. Chairman Dawson requested those who had signed in to speak in favor of the request to comment. Dennis Reisch, a resident of Matteo Drive and on behalf of the twelve homeowners on Matteo Drive, spoke in support of the proposed storage facility. He believed that the proposed plan would have less impact on the residential community than other commercial uses and that the expanded buffer and trees would provide a sufficient barrier between the residential community and the storage facilities. Chairman Dawson requested those who had signed in to speak in opposition of the request to comment. Edward Hood, a resident of Pine Hollow Drive, stated that he withdrew his objections after hearing the presentations and discussions. Chairman Dawson closed the public hearing and requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 609 In discussion, some Commissioners commented in favor of the storage facility as a needed service for the neighborhood and agreed that it would create less traffic on Carolina Beach Road. Planning and Inspections Director Chris O’Keefe reminded the Board that the property is currently zoned (CUD) B-2 for a movie theater. If another commercial project comes forward, the Board would need to hear the request and if the project generates more than 100 peak hour trips, a traffic impact analysis would be required, which may suggest improvements to Carolina Beach Road. However, any project that comes forward on this particular parcel would need to come before the Board since the existing (CUD) B-2 zoning for a movie theatre most likely would not happen. Chairman Dawson asked the petitioner whether to continue the request to a future meeting or to proceed with the Board deciding whether to approve or deny the application. Ms. Wolf requested the Board to proceed with a decision. Motion: Commissioner Watkins MOVED, SECONDED by Chairman Dawson, to approve the request to rezone 7.08 acres located at the 4600 block of Carolina Beach Road from (CUD) B-2, Conditional Use Highway Business District, and R-15, Residential District, to (CZD) B-2, Conditional Business District as the Board finds that as described the request is: 1.) Consistent with the 2006 CAMA Land Use Plan and the 2016 Comprehensive Plan, as the proposal maximizes the effectiveness of commercial uses by assuring land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas as encouraged in Policy 4.3 of the Plan; and 2.) Reasonable and in the public interest as the development is indicative of current market conditions, was well received by the surrounding property owners, and represents a low impact use on the surrounding area; with the following conditions: 1. 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. 2. The rear bufferyard, located along Sikes Drive, shall be installed in accordance with the buffer exhibit included in the application, including installation of an eight-foot tall solid fence, a twenty-foot wide planted buffer, and a thirty-five-foot wide streetscape. 3. The residential uses at 4629 Carolina Beach Road (PID R07000-004-003-000) shall be discontinued and abandoned prior to issuance of a Certificate of Occupancy for the proposed development. Upon vote, the MOTION CARRIED 4 TO 1. Vice-Chairman Barfield voted in opposition. 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 106. BREAK : Chairman Dawson called a break from 6:40 p.m. until 7:05 p.m. PUBLIC HEARING AND APPROVAL A SPECIAL USE PERMIT REQUEST BY DESIGN SOLUTIONS, ON BEHALF OF THE PROPERTY OWNER, INVISTA S.A.R.L, FOR A HIGH INTENSITY MINING OPERATION ON AN 80.4-ACRE PARCEL LOCATED NEAR THE 200 BLOCK OF SUTTON LAKE ROAD (S-632, 8/16) Chairman Dawson opened the public hearing and announced that the special use process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. 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: Brad Schuler Ben Andrea Ted Shipley Chris O’Keefe Cindee Wolf Stephen Coggins Brian Bellis Troy Beasley Chris Gibson Cal Morgan Hanson Mathews Brian Gurganas Roger Shew Mike Giles Kemp Burdette Robert Parr Current Planner Brad Schuler presented a request for a high intensity mining operation on an 80.4-acre parcel located near the 200 block of Sutton Lake Road and adjacent to U.S. Highway 421 and presented a slide presentation showing the site and surrounding area of I-2 Heavy Industrial zoning. The existing industrial uses include the Duke Energy Sutton Plant, S.T. Wooten Asphalt Plant, and Ticona/Fortron Industries. Adjoining the property to the south NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 610 is an existing mining operation that the applicant proposes to expand. The site was originally permitted in 2006 prior to the requirement of special use permits (SUP) for high intensity mining operations. In 2012, the mining operation was expanded under the County’s non-conforming standards, which allowed the mine to expand to the adjacent property under the same ownership. The mine is to serve an adjacent and existing asphalt plant and to fill Duke Energy’s coal ash pond. The current expansion requires an SUP because it is being proposed on a separate parcel of land under a different ownership than the nonconforming operation. The site is permitted to mine approximately 118 acres and the expansion would add around 74 acres of an 80+ acre site of undeveloped land. Duke Power has two 100foot wide - easements that cross the property. The site plan does comply with the standards of the zoning ordinance for high intensity mining. Since the Planning Board meeting, the site plan has been revised due to concerns presented at the community meeting. The applicant is now proposing to use wet mining techniques with no dewatering of the groundwater. The property is no longer subject to 100-foot setback. The site plans show two access points, one from the existing mine and a new access on U.S. Highway 421. The mining operation anticipates a maximum of 60-80 trucks per day; therefore, a traffic impact analysis is not required. According to the Wilmington Metropolitan Planning Organization, the average daily traffic count for the 2900 block of Highway 421 is 25,000 trips per day with a level of service of “B.” The Wilmington/New Hanover County Greenway Plan calls for a future greenway path along the property adjacent to Highway 421. The property has been identified as a Significant Natural Heritage Area, 421 Sand Ridge, by the N.C. Natural Heritage Program. An environmental report, prepared by WithersRavenel, examined the property for animal and plant rare species and found that two animal species (Northern Long-Eared Bat and Southern Hognose Snake) may be affected by the mining operation, but would not likely be adversely affected; therefore, no specific protection strategies are warranted. The 2016 Comprehensive Land Use Plan classifies the property as Commerce Zone. These areas serve as employment and production hubs, predominantly composed of light and heavy industrial uses, although office and complementary commercial uses are allowed. The proposed application is consistent with the future land use map and meets the intent of the Commerce Zone place type. Heavy industrial uses, including high intensity mining operations, are appropriate within this place type. The Planning Board heard the request at its August 4, 2016 meeting and eight people spoke in opposition to the request, including representatives from the N.C. Coastal Federation, Cape Fear River Watch, and Coastal Plain Conservation Group. Concerns were presented regarding the potential impacts that the mine may have on the surrounding environment, including possible contamination of the Peedee aquifer and area wells from the surrounding industrial uses, and loss of rare and protected animal and plant species. Other concerns included the loss of usable and taxable land that would be removed with the proposed mine. The Planning Board had concerns regarding certain reports presented by the applicant at the meeting, particularly the amount of time they and the public had to review them. Ultimately, they recommended, by a 5 to 1 vote, approval of the application, but added conditions intended to allow the public to have additional input on the proposal. The conditions added were: 1. The County shall be provided with any reports prepared by the applicant regarding the mining operation’s impact on the surrounding environment. 2. Prior to the application being heard by the Commissioners, the applicant shall hold a community meeting to discuss the application with interested parties. The applicant has complied with these conditions. A Phase I Environmental Site Assessment and a Limited Phase II Environmental Site Assessment were given to staff. The Phase II assessment concluded that “it does not appear that surficial aquifer groundwater beneath the subject property has been adversely affected by potential off- site sources of contamination. The applicant held a community information meeting on August 29th to discuss the application with interested parties. Some concerns still remain concerning the rare grass species located on the site and impacts from the existing mining operation and potential impacts to the Peedee aquifer. The applicant updated the site plan/proposal since the Planning Board meeting due to the concerns presented at the meeting and is proposing to utilize wet mining techniques, with no dewatering of the groundwater occurring. As the "bridging ordinance" was approved, the applicant has the right to choose to be reviewed under the ordinance in effect at the time of submitting an application. Mr. Schuler said that staff has conducted an analysis of the proposed use and has created preliminary findings of fact to support each of the conclusions for approval of the SUP, based on the information provided prior to any information or testimony in support or opposition to the request. The applicant has prepared additional studies based on community concerns and they have expert witnesses to provide testimony on those reports. Chairman Dawson invited the petitioner to make comments. Stephen Coggins, attorney representing the applicant, S.T. Wooten who is under contract to purchase the property from Invista in order to expand their existing mining operation, presented letters and affidavits for the record and evidence in support of SUP S-632 (exhibits included as a part of the case file in the Planning Department). Affidavits presented were from Brian Bellis, hydrogeologist with WithersRavenel; Chris L. Gibson, Project Engineer NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 611 with TI Coastal; Jack C. (Cal) Morgan III, N.C. Certified General Real Estate Appraiser; and Hansen Matthews, N.C. Licensed General Real Estate Broker. This information was given to those attending the community meeting on August 29, 2016. Cindee Wolf, of Design Solutions and representing the petitioner, S.T. Wooten, provided background information on the company and an overview of the request stating that S.T. Wooten currently operates an asphalt plant and a borrow pit on a nearby 90-acre tract permitted by NCDENR in 2006. An adjacent 65-acre tract holds a 2012 “reclamation” mining permit, and serves as a source of fill (soil and sand) for the I-140 highway project. The additional 80-acre tract is being purchased to expand the mining operations. Once the highway project is completed, the combined properties will continue to serve as borrow pit/sand mine resources for filling the Duke Power coal ash pond rehabilitation efforts and serve the existing asphalt plant on the adjacent property. The Heavy Industrial (I-2) site meets all conditions and requirements of the zoning ordinances. Based on its location and purpose, the borrow pit will have little impact on its neighbors and the public. The property is classified as a Commerce Zone in the 2016 Comprehensive Plan and it is an appropriate place type for this manufacturing. The property is in a sand ridge suitable for sand mining. The outdoor operation would not adversely effect residences or other business uses and complies with Section 53.3 of the zoning ordinance. The plans for a mining permit have been submitted to the state and no adverse comments have been received. After the Planning Board meeting and community meeting, the plan was reverted from a dry mining or dewatering process to wet mining procedure, which means no net movement of groundwater within the mine boundary. Groundwater is stabilized with no variation of water gradient. The dewatering process would have allowed the groundwater gradient to move around, which was a concern expressed by the community.  Typical Process for Contained Hydraulic Mining Operation – Wet Mining:  Material from ground surface down to 6-8 feet below water table harvested by land based equipment  Deeper material harvested by floating hydraulic dredge  Material is placed in semi-contained upland area for drying and loading  Water level on site remains constant unless manually raised or lowered  Process requires less than six employees working within the project boundaries at any time  Traffic will not exceed the amounts currently generated by the existing pit on the neighboring site  The pit will be completely enclosed by a security fence  Operations take place during daylight hours, minimizing the impact of noise  Per local, state and federal regulations, dust and silica emissions will be contained on site  Engineering controls will mitigate exposure to dust for employees and neighbors  Mining procedures will conform to OSHA and MSHA regulations  No odor or combustible materials on site  No complaints regarding the existing pits from the neighboring sites  Dredge companies specifically design equipment for mining  Hydraulic sand and gravel mining at confined sites can easily occur to 50 feet below the water table Ms. Wolf stated that when the borrow pits are fully mined, a man-made pond will remain and the water level will be at the elevation of the water table. The average freeboard around the perimeter of the pond would be approximately 3-4 feet with 3:1 side slopes down to the water surface. The maximum pond depth will be approximately 50 feet. The area will remain fenced for security as long as it is private property, but could ultimately provide a recreation opportunity. Ms. Wolf presented the following findings of fact for the SUP: 1. The use will not materially endanger the public health or safety if located where proposed and approved:  Analytical results for groundwater samples were found to be safe  The aquifer volume and quality will be enhanced  The proposed mining operations will not use dewatering operations, and therefore will not draw groundwater from adjacent sites  The resulting pond area will provide improved aquifer recharge storage  Operations permitting must be approved through several agencies that oversee a variety of public health and safety requirements 2. The use meets all required conditions and specifications:  The lot size is 80+ acres, greater than the one acre requirement  A wetlands and protected species assessment was completed as required for the Natural Heritage Area land classification  An aquifer impact analysis statement has been provided 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity:  Studies have shown that there will be no harm to adjoining property values or access to groundwater  The proposed project is an expansion of an existing operation  The surrounding area is zoned for industrial uses  Sand materials being mined are important to local economic development and for public improvements 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the areas in which it is to be located and in general conformity with the plan of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 612 development for New Hanover County:  The property is located in an Industrial zoning district  The “Plan NHC – Charting the Course” document identifies this area of the County as a Commerce Zone, appropriate for this type of use  Existing uses in the proximity of the proposed use include other mining operations, an asphalt production plant and two cement mixing facilities Commissioner Zapple expressed concern that the Commissioners did not have an opportunity to review the affidavits and documents concerning the studies and he had questions about the impacts to the aquifer. Brian Bellis, hydrogeologist with WithersRavenel, responded to questions relating to the Peedee aquifer and the wet mining process. Although he noted that the permit is for a maximum depth of 50 feet, mining would occur gradually over several years depending on the quality of sand and the economics of whether it is feasible to drill to that depth. Chairman Dawson requested those who had signed up to speak in opposition to make comments. Roger Shew, a geologist with UNCW and resident of Park Avenue, commented that he attended the Planning Board and community meetings and that he was satisfied with the information provided and the change in the process to wet mining. However, he requested a mitigation plan of a rare plant species on site and require a ten-foot buffer above the Peedee aquifer to make sure that no contamination or damage be made to the recharge area. In addition, he requested that the revised SUP process require sufficient time for the public to review environmental studies and applications before the Planning Board and Commissioners hear the request. Mike Giles, N.C. Coastal Federation, commented that he appreciated the responsiveness of the applicant in getting answers to the public’s questions and concerns about the SUP; however, he requested the Board provide a strong SUP process for economic and industrial developments that would allow good discussions between the applicant and the public prior to the Planning Board public hearing. Kemp Burdette, Cape Fear River Watch, commented that the proposed wet mining process alleviates many concerns for the project, but the number of affidavits coming in at the last minute without review was very troublesome. In addition, he expressed concern that Duke Energy would be building a huge landfill next to the site to hold seven million tons of coal ash that might be problematic with the twenty-four private wells in the vicinity and for the adjacent mining operation. He proposed that a community meeting be held with all the stakeholders involved for a transparent and opened discussion of the proposed landfill. Dr. Robert Parr, a resident of the Porters Neck Community, said that he did not oppose the wet mining process, but suggested to restrict the mining operation to thirty-five feet in some parts of the site in order to protect the Peedee aquifer. In rebuttal, Mr. Coggins pointed out that adjacent property owners would not be affected by the drawing of groundwater because the water stays on site using the wet mining process. In regards to a rule on the drilling depth, he said the aquifer would not be at the same depth for every square foot of the 80-acre property and some of the sand would not meet commercial standards, which would be the best regulator of the digging depth. In addition, Mr. Coggins reported that state regulators have not approved the Duke Energy coal ash landfill project. The preliminary plans call for twelve wells to be placed along the border of the Duke site for monitoring purposes. He argued that the main fact to consider is the extensive groundwater testing has taken place on the site and it is safe, even though the property has been wedged between two major industrial operations for more than fifty years. In rebuttal, Dr. Shew reiterated that although he supports the wet mining process, he believed that requiring ten feet less would provide additional protection to the Peedee aquifer. Planning and Inspections Director Chris O’Keefe stated that Duke Energy was notified of the public hearing and the SUP request for the mining operation. In addition, staff realized that information was missing on the Natural Heritage Areas and the request could not move forward without that finding of fact. The water quality issues came up at the Planning Board meeting; however, staff reviewed the evidence and determined those findings based on the evidence as presented. Chairman Dawson closed the public hearing and requested direction from the Board. In discussion of the environmental reports for testing of possible contaminants, Mr. Bellis said that contaminants were not found on the site from the neighboring industries and that the natural direction of the groundwater would flow away from the mining operation. He said Duke Energy has been compelled to clean up the boron contamination on their site. Chairman Dawson asked the Commissioners to consider their previous decisions of investing nearly $16 million to install water and sewer services along U.S. Highway 421 to encourage economic development, job growth and business development along that corridor. She believed that there was a possibility the property values along Highway 421 would be affected by the mining operation and there could be impacts to the aquifer, contaminated wells and other environmental concerns. She requested the Commissioners to consider the hard work and effort of adopting the comprehensive plan and implementing parts of the Gardner Report before approving a SUP for a sand mind project. She expressed concern that the County may be giving up valuable properties because of the amount of land being used for mining operations on Highway 421 and that other industries may go to other counties. In addition, she was NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 613 concerned about the impact on the County’s tax base. In further discussion, Mr. Bellis answered questions about the environmental studies and monitoring of the well sites. Chris Gibson with TI Coastal responded to questions about dredging and the mining operation. Following the discussion, Chairman Dawson asked the petitioner if he would like to continue the application to another meeting or to proceed with the Board deciding whether to grant or deny the application. Mr. Coggins requested the Board to proceed with the decision and he agreed with staff findings of fact and the proposed condition. Chairman Dawson requested direction for the Board. Commissioner Zapple asked the petitioner if they would accept another condition of requiring soil samples to check for contamination on the site. Mr. Bellis responded that he had given the recommendation in the environmental reports that no further soil samplings were needed, as no evidence was found that the site had leakage from the transformer poles, no stained soils, and the underground asbestos pipe would be removed and disposed according to asbestos regulations. Motion: Commissioner Watkins MOVED, SECONDED by Commissioner White, to grant a Special Use Permit to develop a high intensity mining operation as requested by Design Solutions, on behalf of the property owner, Invista S.A.R.L, on an 80.4-acre parcel located near the 200 block of Sutton Lake Road, finding that the application: 1.) Will not materially endanger the public health or safety; 2.) Meets all required conditions and specifications of the Zoning Ordinance; 3.) Will not substantially injure the value of adjoining or abutting property; and 4.) Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County; with the following condition: A 20-foot wide access easement shall be dedicated to the County along the eastern property line, which abuts the Seaboard Coastline Railroad right-of-way, for the purposes of installing a future pedestrian facility in accordance with the Wilmington/New Hanover County Greenway Plan. Amended Motion : Commissioners Zapple requested to amend the motion to include a condition to require wet mining. Commissioner Watkins accepted the amendment: The mining operation must utilize "wet mining" procedures and techniques. No dewatering of the groundwater is permitted. Chairman Dawson requested to amend the motion to set a mining depth of 35 feet. Commissioner Watkins rejected the amendment to his motion. Substitute Motion : Chairman Dawson MOVED to grant a Special Use Permit to develop a high intensity mining operation as requested by Design Solutions, on behalf of the property owner, Invista S.A.R.L, on an 80.4-acre parcel located near the 200 block of Sutton Lake Road, finding that the application: 1.) Will not materially endanger the public health or safety; 2.) Meets all required conditions and specifications of the Zoning Ordinance; 3.) Will not substantially injure the value of adjoining or abutting property; and 4.) Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County; with the following conditions: 1. A 20-foot wide access easement shall be dedicated to the County along the eastern property line, which abuts the Seaboard Coastline Railroad right-of-way, for the purposes of installing a future pedestrian facility in accordance with the Wilmington/New Hanover County Greenway Plan. 2. The mining operation must utilize "wet mining" procedures and techniques. No dewatering of the groundwater is permitted. 3. Require a mining depth of 35 feet for the dredging operations. The motion failed for lack of a second. Amended Motion Upon vote on the to grant a Special Use Permit to develop a high intensity mining operation as requested by Design Solutions, on behalf of the property owner, Invista S.A.R.L, on an 80.4-acre parcel located near the 200 block of Sutton Lake Road, finding that the application: 1.) Will not materially endanger the public health or safety; 2.) Meets all required conditions and specifications of the Zoning Ordinance; 3.) Will not substantially injure the value of adjoining or abutting property; and 4.) Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County; with the following conditions: 1. A 20-foot wide access easement shall be dedicated to the County along the eastern property line, which abuts the Seaboard Coastline Railroad right-of-way, for the purposes of installing a future pedestrian facility in accordance with the Wilmington/New Hanover County Greenway Plan. 2. The mining operation must utilize "wet mining" procedures and techniques. No dewatering of the groundwater is permitted. The MOTION CARRIED 4 to 1. Chairman Dawson voted in opposition. A copy of an order granting a Special Use Permit and listing the findings of fact is contained in SUP Book IV, Page 60. PUBLIC COMMENTS ON NON-AGENDA ITEM NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 6, 2016 PAGE 614 Chairman Dawson reported that one person had signed up to speak on non-agenda items. Mary McKernan, a resident of the Wilmington area for the last two years, spoke on the importance of protecting natural resources and in particular our water quality. ADDITIONAL ITEM Commissioner Zapple thanked County Engineer Director Jim Iannuci, Chief Project Engineer David Candela, and Wilmington Director of Public Services David Mayes for their prompt efforts in repairing a sinkhole in the Monkey Junction area. ADJOURNMENT There being no further business, Chairman Dawson adjourned the meeting at 9:09 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.