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2016-12-05 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 5, 2016 PAGE 650 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 5, 2016, at 4:03 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 Kymberleigh Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Kathy Beach, Interim Associate Pastor for Christian Education and Discipleship, First Presbyterian Church, 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. Commissioner Zapple requested the removal of Consent Item 5. Chairman Dawson requested a motion to approve the remaining items on the Consent Agenda. Motion: Commissioner Watkins MOVED, SECONDED by Vice - Chairman Barfield, to approve the remaining items on 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 November 10, 2016 and Regular Meeting of November 14, 2016. Acceptance of the State of Emergency Proclamation and Termination of the State of Emergency - County Manager The Commissioners adopted a resolution terminating the State of Emergency to be effective December 5, 2016. Copies of the proclamation and resolution are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 21.1. Adoption of Public Officials Bond Resolution — County Attorney The Commissioners, pursuant to General Statute 58- 72 -70, adopted a resolution approving the Surety Bond for the Chief Finance Officer, Sheriff, Register of Deeds, and Tax Collector. The designation of approval is incorporated within the respective bond in its entirety. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XL, Page 21.2. Ratification of Application for 2016 Assistance to Firefighters Grant (AFG) — Fire Services The Commissioners ratified the submission of an application to the 2016 FEMA Assistance to Firefighters Grant (AFG) requesting funding to replace portable radio communication equipment that is reaching the end of its useful life span. The total project cost to purchase 113 Motorola APX radios is $600,986. The local cost share is $54,635 and the Federal Funding Assistance total is $546,351. If the grant is awarded matching funds will be included in the FYI Budget request. Discussion of Consent Item 5 and Approval of New Hanover County Board of Education General Fund Budget Amendment #2 — Strategy and Budget In response to Board questions, Chief Strategy and Budget Officer Beth Schrader explained that the general fund in the school district is the local current expense fund. Fund balance is generated from County dollars that are contributed to the school system each year. If expenditures are not made those expenditures accrue to fund balance. In this case the school system is appropriating some of that fund balance in order to rollover contracts for a number of items and fund some previously identified projects. She confirmed that the $886,112 is coming out of a larger fund balance held by the school system. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Watkins, to approve the New Hanover County Board of Education General Fund Budget Amendment #2. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget amendment is available for review in the Strategy and Budget Department. REGULAR ITEMS OF BUSINESS AWARD OF DESIGN CONTRACT TO SAWYER, SHERWOOD AND ASSOCIATE ARCHITECTURE FOR HEALTH AND HUMAN SERVICES FACILITY DESIGN AND ADOPTION OF CAPITAL PROJECT ORDINANCE Facilities Project Manager Kevin Caison presented an overview of the project. The Health and Human NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 5, 2016 PAGE 651 Services Facility will serve as a new home for the Department of Social Services (DSS) and the Health Department. Currently these departments are located in three separate buildings (1650 Greenfield, 2029 S. 17th, and 2023 S. 17th Street). This project will be to design a facility to be constructed at the current DSS site that will make client services more efficient and convenient. On October 18 ", the County released a Request for Qualifications (RFQ) for design services for this facility and received several Statements of Qualifications from interested firms. The review committee evaluated the submittals and scored each firm according to the criteria set within the advertised RFQ. Sawyer, Sherwood, and Associate Architecture was the unanimous top ranked firm. The proposal from Sawyer, Sherwood, and Associate Architecture is for the complete design of the facility including all applicable engineering and consultants needed from the space study through construction. The amount of the proposal is $1,495,740 plus a $20,000 allowance for reimbursable costs. If approved design will start in January 2017 and should be ready for bid in February 2018. In response to questions, County Manager Coudriet confirmed that both department directors and staff selected by the directors will be involved in the design and have been since the beginning. At any level each respective board wants to be involved in the process will be handled by staff overseeing the project. Staff is aware that each board may have different needs and expectations during the process and is ready to work with both boards. The architects will be involved in the process. In response to additional Board questions, Manager Caison reported that based on preliminary estimates the project will be totally complete, staff moved out and building handed over to New Hanover Regional Medical Center by the end of December 2019. The first group will actually move into the new facility in June /July 2019, with the rest of the group possibly moving before Thanksgiving. Motion: Vice - Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to award the contract to Sawyer, Sherwood and Associate Architecture for the design of the New Hanover County Health and Human Services Facility and adopt the capital project ordinance in the total amount of $1,515,740. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the capital project ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 21.3. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNER, AMBER SUN, LLC, TO REZONE 5.00 ACRES LOCATED AT 5000 BLUE CLAY ROAD FROM (CUD) I -1, CONDITIONAL USE LIGHT INDUSTRIAL DISTRICT, TO (CZD) O &I, CONDITIONAL OFFICE AND INSTITUTIONAL DISTRICT, IN ORDER TO ALLOW FOR OFFICE AND SCHOOL USES WITHIN THE EXISTING BUILDING LOCATED ON THE PROPERTY, AND TO EXPAND AN EXISTING PAVED AREA ON THE PROPERTY TO ALLOW FOR DRIVER TRAINING COURSES (Z-964,11/16) Chairman Dawson opened the public hearing and requested staff to present the petitioner's request. Current Planner Brad Schuler presented the request for the (CZD) O &I and presented a slide overview of the surrounding properties. The application includes a proposed use for the property and a conceptual site plan. If approved, the property must be developed in accordance with the site plan. Also conditions above and beyond the County's development regulations can be added to the development, provided, however, the applicant agrees to those conditions. There is a 7,500 square foot office building and parking lot on the southern portion of the subject property comprising about one acre. The remaining portion of property is undeveloped and wooded with the northern area located within an AE Special Flood Hazard Area and an AE Floodway. When zoning was established in the area in 1972 the property and surrounding area were zoned R -15. The subject property has a history of being used for nonresidential purposes. Prior to the establishment of zoning, the property was used as a seafood restaurant and on occasion as a nightclub. In 1997 the property was rezoned to a conditional use light industrial district in order to allow for the development of offices for engineering consulting services and general contractors. The applicant is proposing to use the property for office and technical school uses. StreetSafe, a not for profit organization which provides educational services promoting safe driving practices, began operating onsite in 2015. While applying to expand the existing parking lot for driving training courses it was discovered that the use did not comply with the standards of the Conditional Use District, which limited the allowable uses to offices for engineering services and building contractors. This rezoning, if approved, would modify the zoning district to allow StreetSafe to operate on the property. The applicant is also proposing to expand the existing paved parking area. The expansion will require review by the Engineering Department for necessary stormwater management improvements. The proposed use will generate 22 trips in the AM peak and 19 trips in the PM peak. Because the trips 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 Blue Clay Road on October 12, 2016. The count yielded an Average Daily Traffic (ADT) of 1,825 trips. This portion of Blue Clay Road has a design capacity of 9,400 daily trips, and therefore it is classified as having a level of service of "A ". According to the 2016 Comprehensive Land Use Plan, this site is classified as general residential. This place type provides opportunity for lower density housing and associated civic and commercial services. Commercial uses NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 5, 2016 PAGE 652 should be limited to office and retail spaces in carefully located areas where neighborhood character will be enhanced, while recreation and school facilities are encouraged throughout. This proposal to allow office and school uses within the existing building on the property is consistent with the general residential place type. The proposed uses do not generate a substantial amount of traffic and will provide additional educational opportunities for the County's residents. Further, the proposed O &I district is more appropriate within this place type than the current light industrial zoning district. The application was heard by the Planning Board at the November 3, 2016 meeting. At the meeting, no one from the public spoke in opposition or in favor of the application. The Board recommended (5 -0) approval of the application with no added conditions. Staff is also recommending approval of this application. In response to Board questions, Current Planner Schuler reported there has been no communication expressing complaints or concerns from the property owner next door. They were directly notified for the Planning Board meeting and for the Board of Commissioners meeting by directly mailing. There was also a sign posted outside of that property. On the southern part of the Keegan - Postema property there is an existing fence and some vegetation. Mr. Schuler noted that the applicant was present and would be able to provide more clarification as to what type buffers are in place on the subject property. Chairman Dawson invited the petitioner to make comments. Cindee Wolf, of Design Solutions and representing the property owner, Amber Sun, LLC, reported that Southeastern Driver Training has been operating in this location for almost two years. They purchased the property three years ago and rehabbed it due to the property being in severe disrepair. Only when working through the parking lot expansion was the nonconformity discovered. The property houses some general office space and the driver training school. The driver training sessions occur two to three times per month with less than thirty participants each time. When operating, probably weeknights, the sessions are completed no later than 9:00 p.m. The request represents a downzoning and is consistent with the goals to protect existing neighborhood areas. The plan limits expansion of use area and potential future uses and preserves the rest of the site as natural space. In regard to the neighbors across the street and directly next door, Ms. Wolf stated she was not aware of any issues arising with the property owner since the building was occupied two years ago. In response to Board questions, Ms. Wolf confirmed that the new classification of the property is general residential which does allow for a certain amount of office, such as uses like small neighborhood offices or schools. She further explained that the driving training area is completely enclosed by a security fence. The previous business there was an environmental consulting business and their equipment was completely protected by security fencing. In addition to the security fence, there is also an eight -foot solid wood fence between the Keegan - Postema and applicant's property. Vice - Chairman Barfield stated for the record that the driving school works in conjunction with the District Attorney's office. Ms. Wolfe confirmed the same and stated that this is not the only driving school of this type in this state. It is not only a school for people who get speeding tickets but also for new drivers to experience what can happen even during low impact crashes. Chairman Dawson reported that no one had signed up to speak in favor or opposition, closed the public hearing and asked the petitioner whether to continue the application to a future meeting, or to proceed with this Board deciding whether to approve or deny the application. Ms. Wolf requested the Board to proceed with a decision. Chairman Dawson requested direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice - Chairman Barfield, to approve the request to rezone 5.00 acres located at the 5000 Blue Clay Road from (CUD) I -1, Conditional Use Light Industrial District, to (CZD) O &I, Conditional Office and Institutional District, as the Board finds that as described the request is: 1.) Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because office and institutional uses that enhance neighborhood character are appropriate within the General Residential place type; and 2.) Reasonable and in the public interest because the proposed office and institutional uses will provide additional high quality educational opportunities for the residents of New Hanover County, and because the proposal removes industrial zoning from an area predominantly zoned for residential purposes. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1997, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8A, Page 39. PUBLIC COMMENTS ON NON - AGENDA ITEM Chairman Dawson reported that no one person had signed up to speak on non - agenda items. ADDITIONAL ITEMS Commissioner Zapple announced that County residents can receive assistance with heating costs through the Low Income Energy Assistance Program. Residents who are interested in applying for assistance can do so at the Department of Social Services (DSS) or obtain the application through the DSS website. It provides approved applicants for a one -time financial assistance with heating bills. Chairman Dawson announced that the that Pearl Harbor Day commemoration events will be held at the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 5, 2016 BOOK 33 PAGE 653 Hannah Block USO Community Arts Center on Wednesday, December 7' at 1:00 p.m. The center is located at 120 South 2nd Street, downtown Wilmington. This year's event will be held in conjunction with the Lieutenant General George Boylan, Jr. exhibit dedication. ADJOURNMENT There being no further business, Chairman Dawson adjourned the meeting at 4:34 p.m. Respectfully submitted, Kymberleigh G. Crowell 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.