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2017-01-09 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 9, 2017 PAGE 662 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 9, 2017, 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 Woody White; Vice-Chairman Skip Watkins; Commissioner Jonathan Barfield, Jr.; Commissioner Patricia Kusek; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Patrick Hall, Pastor, Cape Fear Freewill Baptist Church, provided the invocation and Commissioner Jonathan Barfield, Jr. led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman White requested a motion to approve the Consent Agenda as presented. MOTION : Commissioner Kusek MOVED, SECONDED by Vice-Chairman Watkins, to approve the 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 Regular Meeting of December 19, 2016. Approval of Appointments of Commissioners to Various Boards and Committees – Governing Body The Commissioners approved the finalized list of New Hanover County Commissioner appointments to various Boards and Committees for 2017. A copy of the list of Commissioners appointed to County Boards and Committees for 2017 is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, 23.1. Approval of September 2016 Tax Collection Reports – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County Fire District and New Hanover County Debt Service as of September 2016. Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 23.2. Approval of October 2016 Tax Collection Reports – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County Fire District and New Hanover County Debt Service as of October 2016. Copies of the Tax Collection Reports are hereby incorporated as part of minutes and are contained in Exhibit Book XL, Page 23.3. REGULAR ITEMS OF BUSINESS CONSIDERATION OF A RESOLUTION OF APPRECIATION TO THE BOARD OF ELECTIONS, DIRECTOR, AND STAFF Chairman White announced that the Board of Commissioners wishes to recognize the diligent work performed by the Board of Elections, Elections Director and staff during the 2016 General Election. Commissioner Zapple read the resolution into the record. Chairman White asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Watkins to adopt the resolution in appreciation and recognition of the diligent work performed by the Board of Elections, Elections Director and staff during the 2016 General Election. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman White recognized the Board of Elections Chairman Jonathan Washburn who accepted the resolution and expressed appreciation to Elections Director Derek Bowens and staff for all their hard work. Commissioner Barfield also commended Director Bowens and staff for their hard work during this election. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 23.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 9, 2017 PAGE 663 PUBLIC HEARING AND APPROVAL OF REZONING REQUEST (Z-959M, 12/16) – REQUEST BY H+W DESIGN ON BEHALF OF THE PROPERTY OWNER, RALEIGH WILMINGTON INVESTORS, LLC, TO REZONE 20.7 ACRES LOCATED AT THE 2300 AND 2400 BLOCK OF MIDDLE SOUND LOOP ROAD FROM (CZD) R-20, CONDITIONAL RESIDENTIAL ZONING DISTRICT, AND R-20S, RESIDENTIAL ZONING DISTRICT, TO (CZD) R-20, CONDITIONAL RESIDENTIAL ZONING DISTRICT, IN ORDER TO DEVELOP A PERFORMANCE RESIDENTIAL DEVELOPMENT Chairman White opened the public hearing and requested staff to make the presentation. Current Planner Brad Schuler presented the request submitted by H+W Design on behalf of the property owner, Raleigh Wilmington Investors, LLC to rezone 20.7 acres located at the 2300 and 2400 block of Middle Sound Loop Road from (CZD) R-20, Conditional Residential Zoning District, and R-20S, Residential Zoning District, to (CZD) R-20, Conditional Residential Zoning District, in order to develop a Performance Residential Development and presented a slide overview of the request. This is an application to modify an existing Conditional Zoning District, Case No. Z-959 which was approved by the Board of Commissioners on August 1, 2016 to allow for the development of a 32-lot Performance Residential subdivision. Recently the property owner has obtained ownership of an adjacent parcel of land approximately 3.3 acres in area and is seeking to incorporate it into the proposed development. The new proposal does increase the proposed lots to 39, modifies the street layout and moves the development's access further north. By relocating the street access, the applicant will not have to mitigate any wetlands located on the property, which instead will be preserved in open space. Under the current site plan some wetlands had to be mitigated in order to obtain access to Middle Sound Loop Road. There is an existing access easement for three existing lots and the applicant is proposing an access easement to the existing access easement. This would allow the property owners to utilize the proposed Road A which is the improved subdivision access to get to Middle Sound Loop Road. There is currently an effort to work with the existing property owners to abandon a portion of the existing access easement, with no resolution to date. 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. The ideal density for single-family residential in this place type is 1 to 6 dwelling units per acre. Overall the proposed rezoning is consistent with the Comprehensive Plan. The proposed density of 1.9 dwelling units per acre is within the ideal density range. Also performance residential developments allow for more open space which can be utilized for stormwater control, recreation and preservation of areas of environmental concern and wildlife habitat. The Planning Board considered this application at their December 1, 2016 meeting and recommended approval finding that the application: 1.) Consistent with the purposes and intent of the 2016 Comprehensive Plan because the development will promote environmentally responsible growth by incorporating Low Impact Development techniques designed at filtrating stormwater runoff, and by preserving the existing wetlands located on the property within open space areas. 2.) Reasonable and in the public interest because the project’s reliance on performance residential standards allows for the preservation of increased amounts of open space for the continuing enjoyment of the residents, and for protection of the natural environment and wildlife habitats; with the following conditions: 1. Duplex, multi-family, and mobile home housing shall be prohibited 2. Impervious coverage shall not exceed 30% of the site 3. In addition to meeting the county and state stormwater requirements, the development shall incorporate Low Impact Development (LID) techniques as described in the City of Wilmington/New Hanover County LID Guidance Manual, and qualify as a LID project as determined by the County’s Technical Review Committee (TRC) 4. Existing vegetation located within the proposed open space areas shall be preserved to the maximum extent practicable, and only be removed in order to install necessary infrastructure needed to comply with applicable county and state regulations 5. A 20-foot access easement shall be dedicated to the County along Middle Sound Loop Road for the purpose of installing a future pedestrian facility, as proposed in the New Hanover County Greenway Plan Staff is recommending approval of this application with conditions as stated in the Planning Board’s action. In response to Board questions, Current Planner Schuler confirmed that one of the conditions is that the vegetation located within the open space remain to the maximum extent practical. Some vegetation has to be removed to install the stormwater feature. In regard to the easement abandonment, all parties have to agree to the abandonment. If there was agreement, the affected portion of the existing easement would revert back to the original owners. Chairman White invited the petitioner to make comments. Dan Weeks of H+W Design and representing the property owner, Raleigh Wilmington Investors, LLC, reported the purchase of the additional 3.3 acres now allows for the opportunity to preserve the wetlands and the conditions set during the August 1, 2016 Board of Commissioners meeting are applied in this proposal. He feels the proposal is consistent with the 1987 Middle Sound/Ogden Small Area Plan. The proposal is for 39 single-family detached housing with forty-four percent of the site being preserved as open space, common area and includes wetland preservation. At an October 2016 meeting with the adjacent property owners, concerns were expressed primarily about the buffer on the northern side of the property towards the Anchor Bend subdivision. The proposal increases the buffer along the upper portion as per the previous plan and preserves existing vegetation in the easement. The additional land also allows for plans to abandon the first 580 feet of the existing easement and provide a means for the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 9, 2017 PAGE 664 existing residents to access their properties by the main entrance and then the existing easement. A meeting between th both parties was held on Friday, January 6 to discuss the matter and discussions will continue until there is a resolution. If the application is approved, the proposed development must then go through the County’s subdivision review process. In looking at safety issues, the proposal attempts to push the access as far north as possible to adhere to NCDOT sight distance parameters. The goal is to come to an agreement with the existing property owners and still address potential safety issues. Chairman White asked if the property owner would like to make any comments. Jon Vincent, on behalf of Raleigh Wilmington Investors, spoke in favor of the application confirming the efforts to work with all parties involved to meet all the needs to the best of their ability. The concerns about wetlands preservation was taken into account and led to the purchase of the additional tract of land. He reconfirmed that this purchase allowed for the road to be moved north and help with the sight lines. Mr. Vincent concluded his comments stating that he and his co-developers feel this is a better plan and the goal continues to be to work with the neighbors. Chairman White requested those in opposition to give their remarks. Jeana Powell, a resident of Middle Sound Loop Road and adjacent to the proposed development, reported she is in favor of a thoughtfully developed neighborhood but there are still several unknowns and unanswered questions. Ms. Powell and her husband own the two of three lots at the end of the existing easement. Ms. Powell expressed concern that since the prior approved plan and the additional land purchase the new proposal no longer has an entrance with medians near the easement. She felt an entrance with medians, which has the opportunity to have mature trees planted in it, would provide for an even larger buffer for the neighbors that are in the Anchor Bend section. There have been discussions with the developers about the design of the road and what will or will not remain with no resolution as of now. Ms. Powell also explained her concerns with the stormwater ponds. Moving the entrance further north removed it from the wetlands area but there are still several stormwater ponds with the largest being in her backyard. Her understanding is that the large pond will probably be dry but the other ponds will flow into it. She has not been able to get answers as to whether the large pond will actually be dry or not and what active open space means. She feels the large pond needs activity such as a waterfall in effort to not contain stagnant water. Ms. Powell concluded her presentation by stating that she and her husband are looking forward to this development but there are too many questions right now to say yes to a development that will be there forever. They hope the open dialogue with the developers continues in order to reach resolutions. In rebuttal, Mr. Weeks stated areas for stormwater opportunities were looked at when submitting the proposal but they have not been engineered yet. One of the conditions of the site plan is to limit the impervious coverage to thirty percent. Some areas will be ponds while other areas will be dry retention areas that utilize the existing hydrology of the site. This is an effort to incorporate Low Impact Development (LID) techniques into the development to preserve what is already in place, enhance it and look at it from a regional standpoint. The decision to remove the median was based on comments received at the community meeting. A primary concern expressed during the meeting was to have as much buffer as possible towards the Anchor Bend subdivision. The sight line and associated safety information was provided during the meeting and the removal of the median allowed for the increased buffer area. This proposal preserves open space and wetlands, looks for creative opportunities regarding stormwater and is more of a collective cohesive plan that is in concert with the adjacent properties on Middle Sound Loop Road. In rebuttal, Ms. Powell stated she appreciates and understands preserving the wetlands and habitats. However, this does not mean that all forty lots have to be built upon and she feels that lot 1 should be eliminated from the plan. The houses will be built along the 20-foot buffer the County has asked the developer to install for a potential walkway. As such, she doesn’t see that there will be a true entrance with a buffer to the neighborhood. While she supports development, for this proposal there are outstanding concerns and unanswered questions about the stormwater ponds, what habitat will be removed and what type homes will be built. Chairman White closed the public hearing and opened up the floor to discussion by the Board. In response to Board questions about what Ms. Powell’s expectations or preferences were for the plan, she stated that her preference is to retain the private road. She is unable to say what would be ideal as there are too many unanswered questions but is trying to work with the applicant. She and her husband are willing to continue the discussions to attempt to reach agreements on these issues. In response to Board questions, Current Planner Schuler reported the trips generated by this project will not necessarily move the Level of Service (LOS) to a level of E or F because the Traffic Impact Analyses (TIA) include background traffic and a certain amount of growth that is expected to occur. The TIA referenced in this item is for the grocery store being built at the intersection of Market Street and Middle Sound Loop Road and these trips would have been included in that background traffic. In regard to the wetlands, the determination by the Army Corps of Engineers will not have an effect on the number of houses. Usually the preliminary wetlands map is based off the applicant’s environmental consultant are generally correct. If there are major changes the project would have to work back through the process. Hearing no further discussion, Chairman White asked for direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 9, 2017 PAGE 665 Motion: Vice-Chairman Watkins MOVED, SECONDED by Commissioner Zapple, to approve, affirming staff’s statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest, with the conditions as recommended by staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 3 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED May 18, 1970, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 3, Page 16. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST (Z-965, 12/16) – REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNER, INLET WATCH DEVELOPMENT PARTNERS, LLC, TO REZONE 7.03 ACRES LOCATED AT THE 7200 BLOCK OF CAROLINA BEACH ROAD FROM B-1, BUSINESS DISTRICT, TO (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS DISTRICT, IN ORDER TO DEVELOP A MINI-WAREHOUSE USE. Chairman White opened the public hearing and requested staff to make the presentation. Current Planner Brad Schuler presented the request submitted by Design Solutions on behalf of the property owner, Inlet Watch Development Partners, LLC, to rezone 7.03 acres located at the 7200 block of Carolina Beach Road from B-1, Business District, to (CZD) B-2, Conditional Highway Business District, in order to develop a mini- warehouse use and presented a slide overview of the request. This is an application to establish a conditional zoning district in order to allow for the development of a mini-warehouse use. The surrounding area consists mostly of single family residential developments with the Inlet Watch development being located directly east of the subject property. The property itself consists of three undeveloped parcels of land totaling about 7 acres. The applicant is proposing to develop a mini-warehouse use consisting of four buildings totaling about 78,000 square feet. The proposed development will generate 12 trips in the AM peak, and 20 trips in the PM peak. As the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) was not required to be completed. The applicant has received an approved wetland delineation for the property from the US Army Corps of Engineers. The property contains about one acre of wetlands which are illustrated on the site plan. The development will impact about 2,400 square feet of wetlands in accordance with the Army Corps of Engineers standards. According to the 2016 Comprehensive Land Use Plan, the subject properties are classified as Community Mixed Use. This place type focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for County residents and visitors. Overall, the proposed rezoning is consistent with the 2016 Comprehensive Land Use Plan as commercial development is encouraged in the Community Mixed Use place type. The proposed use also minimizes vehicle trips for nearby residents and is designed to promote safety for customers and nearby residents. The Planning Board considered this application at their December 1, 2016 meeting and recommended approval finding that the application: 1.) Consistent with the purposes and intent of the 2016 Comprehensive Plan because the development will promote environmentally responsible growth by incorporating Low Impact Development techniques designed at filtrating stormwater runoff, and by preserving the existing wetlands located on the property within open space areas. 2.) Reasonable and in the public interest because the project’s reliance on performance residential standards allows for the preservation of increased amounts of open space for the continuing enjoyment of the residents, and for protection of the natural environment and wildlife habitats; with the following conditions: 1. The business shall be subject to the following hours of operation:  Staff Office:  9:00 a.m. to 6:00 p.m. – Weekdays  9:00 a.m. to 4:00 p.m. – Saturdays  10:00 a.m. to 2:00 p.m. – Sundays  Gate Access by Security Code:  6:00 a.m. to 10 p.m. - Daily 2. 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. 3. The yards along Carolina Beach Road and Radnor Road shall be bordered with minimum 6' high decorative aluminum fencing. The required street yard plantings along Carolina Beach Road shall be supplemented by an evergreen low buffer consistent with the parking lot screening requirements of Section 62.1-5 of the Zoning Ordinance. In addition, a 20’ wide buffer strip, consistent with Section 62.1-4 of the Zoning Ordinance, shall be planted along Radnor Road. Staff is recommending approval of this application with conditions as stated in the Planning Board’s action. Chairman White invited the petitioner to make comments. In response to Board questions, Cindee Wolf of Design Solutions and representing the property owner, Inlet Watch Development Partners, LLC, stated she would try to explain the change from what was previously approved to this request. She reported that this site was approved in November 2014 for a mixed use commercial project and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 9, 2017 PAGE 666 included 93 one-bedroom and two-bedroom apartments and about 2,500 square feet of commercial space. Carolina Beach Road is a busy corridor, a mixture of commercial uses and there are older homes fronting it along with residential subdivisions feeding into it. The overall traffic service level has deteriorated some over the past years so the volume to capacity is considered a little coarse along this area. The Cape Fear Public Utility Authority (CFPUA) does not provide service in the area. Aqua Utilities is the provider and their capacity for sewer and water is a bit slim. For these reasons, it was felt that the higher and better use for this site was for storage. The 2016 Comprehensive Land Use Plan suggests designating sufficient area in suitable locations for various uses and maximizing effectiveness of commercial uses in close proximity to what they serve. Storage facilities are on the rise, presumably due to housing trends, and both multi-family and single family residents are needing storage space and desire it to be convenient to the proximity of where they live. For this request, the trip generation for a self-storage facility would be much lower than the current plan or any of the other more intense uses that might be appropriate for this location. This plan as compared to the prior approved plan would have less impact on the surrounding area as far as the wetlands, one-story buildings instead of three-story buildings and less general activity on the site. During a community meeting with Inlet Watch residents, most indicated they preferred this type of use. The use of the site will require full permitting and meet the ordinance requirements. Buffer yards will mitigate the impacts to the adjacent residential area at the rear and also there will be a buffer along Radnor Road because it is not a right of way, it is fee simple land with an access over top of it. It is also proposed to use decorative metal fencing along the Carolina Beach Road frontage to better screen the front of the building and install street yard landscaping above and beyond the minimum requirements. During the community meeting concerns were expressed about the drainage issues. A field survey has already been done to identify a ditch that runs along the backside of the site. The Inlet Watch side of it has an existing drainage easement that runs down it. The stormwater management pond will have to be designed and permitted by both State and County engineering to address both the water quality and the attenuation of runoff from all the new surfaces. The ditch will serve as the overflow to the pond which was a concern of the residents. There is currently no maintenance of the drainage ditch. In these type cases with existing issues of overgrowth, blockages or things in the ditch, the ditch is generally repaired. A perpetual maintenance program will be part of the permitting to guarantee continued compliance. Ms. Wolfe stated that she and her clients believe this proposal is consistent with the policies and strategies for the future, an asset to the community and useful to the people who will use it as a business. In response to Board questions, Ms. Wolf stated there is already a dedicated easement on the other side of the drainage ditch and the applicant will be required to dedicate an easement on its side. Since it will be used as overflow, the applicant will be responsible for maintaining and operating the entire ditch. The decorative aluminum fencing is not intended to screen the view just decorate it. The proposal includes the incorporation of a low buffer that will contain low height trees and shrubs in addition to the standard street yard requirement. Chairman White reported that one person had signed up to speak in opposition of the request and none in favor of the request. Daniel Wood of Berwyn Court, stated he had concerns regarding the proposal’s buffering and stormwater control plans but does support this proposal over the currently approved plan. The greater concern is the ditch behind the subject property. It runs along the backside of Radnor Road and becomes a 14-inch pipe which is where any runoff flows towards the waterway. During storms the runoff flowing towards the waterway has a tendency to back up due to the incoming tides and the result is flooding on the properties along the path. He is unsure how the current drain pipe will be able to accommodate the added stormwater runoff. He would like assurances that the stormwater runoff is not going to backup underneath the houses. In response to Board questions, Current Planner Schuler confirmed that the planned retention pond would only have an overflow into the ditch and is required to hold a 25-year storm per County ordinances. He reported he had spoken with David Candela, Chief Project Engineer for the County, about the concern and was told the overflow has to go into the natural drainage pattern. The engineers will look at the outlet and the pipe to be sure they are adequately sized for the expected overflow. If they are not adequately sized the developer will have to either do some additional site improvements, improve the pipe or work with Inlet Watch to reach another solution. These issues are handled during the stormwater review step which is a part of the development process. A brief discussion was held about the minimal stormwater planning done over the years in the area and that this proposal may help the drainage issue due to the retention pond installation and ditch cleanout. Mr. Schuler reiterated that County staff would review and determine if the 14-inch drainage pipe was adequately sized for the expected overflow. In rebuttal, Ms. Wolfe stated that the intent and design of the proposal is to have no net change as far as the water runoff. The easement that runs along the back is part of the Inlet Watch drainage plan. The sizing of pipe will certainly be reviewed and the ditch improvements will only be done downstream of where the outlet would generally be located. As far as buffering, the Planning Board made it clear that any trees or vegetation not essential to be removed must remain. However, there would also have to be supplements for anything taken out to assure the buffer yard screening remained along that bottom boundary with common residences. The stormwater management, permitting and the design processes will show any issues existent and corrective measures will be made as best as can be negotiated for resolution. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 9, 2017 PAGE 667 In response to Board questions, Ms. Wolf stated that the community meeting attendees seemed more receptive to this particular proposal compared to the prior proposal. The drainage and design are truly a factor of the client’s engineers doing what is needed and coordinating with the State and County engineers. In regard to increasing the stormwater controls from a 25-year limit to a higher limit, Ms. Wolfe stated that those storms would have to be evaluated and thought her clients would go with the imposed requirements from the State and County. The stormwater review will be done before the impervious surfaces are installed. The proposed plan does have a little more impact than the prior approved plan as far as overall coverage. However, the same stormwater requirements are in place to cover the extra percentage. It was reiterated that a County inspector would review the outlet and drainage pipe to make a determination if any additional improvements are required. The pond itself has to meet all the needs for the attenuation of the water runoff. The permitting remains with the owner and has to be transferred to a future owner. There is a check and balance system in place to guarantee that the pond will continue to operate normally after initial installation. Hearing no further discussion, Chairman White 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 application. Ms. Wolf responded to proceed with a decision by the Board. Chairman White requested direction from the Board. Motion: Commissioner Kusek MOVED, SECONDED by Commissioner Zapple, to approve, affirming staff’s statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest, with the conditions as recommended by staff. 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 107. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST (S-633, 12/16) – REQUEST BY NEW HANOVER COUNTY FIRE SERVICES ON BEHALF OF THE PROPERTY OWNER, CAPE FEAR PUBLIC UTILITY AUTHORITY, FOR A SPECIAL USE PERMIT FOR A TEMPORARY FIRE STATION LOCATED AT THE 7500 BLOCK OF OLD OAK ROAD. Chairman White 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. He 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 Ernest Olds Matthew Carlisle Donnie Hall Frank Styers Current Planning and Zoning Supervisor Ben Andrea presented a request for a temporary fire station to be located at the 7500 block of Old Oak Road. The site is owned by the Cape Fear Public Utility Authority. The site itself is zoned R-15, Residential District. The use falls under the category of government offices which are allowed by Special Use Permit in R-15 zoning. Some R-10 zoning exists on the south side of Torchwood Boulevard. Commercial and Office and Institutional zoning are concentrated on the nearby Market Street corridor. The land uses in the area consist predominately of detached single-family residential, with the exception of the Cape Fear Public Utility Authority nanofiltration water treatment facility developed on the parcel in 2007. The site itself is currently vacant and undeveloped. The site does not host any known environmental, historic or archeological resources. Access to the site is from Old Oak Road which is about 1,200 feet from Torchwood Boulevard. The segment of Old Oak Road between the site and Torchwood Boulevard was recorded as public in 1997 but never turned over to the North Carolina Department of Transportation (NCDOT) for maintenance. The road is in fair condition, and at this time the maintenance responsibility lies with the residents of Orchard Park at West Bay Estates. Traffic generation from this project should be minimal, with an AM peak hour trip generation not exceeding 15 trips. Staff on site will be no more than six per shift, so the peak trip generation will be the overlap between the staff leaving and arriving during shift change. Due to the very low trip generation that would be realized from the proposed use, a Traffic Impact Analysis (TIA) was not required. Development is minimal and includes only two buildings: one 800 square foot building for the fire truck and one 840 square foot mobile home for staff office and sleeping quarters. This site is classified as General Residential according to the 2016 Comprehensive Land Use Plan. General Residential does allow for limited civic uses so it is consistent with this place type. It also aligns with the County's strategies of providing superior public health and public safety. The application was heard by the Planning Board at their December 1, 2016 meeting. No one from the public spoke in support of the request, and one person from the public spoke in opposition to the request, citing concerns NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 9, 2017 PAGE 668 about increased traffic, increased wear and tear on Old Oak Road, and that the use would be a nuisance to the community. Staff recommended two conditions to the Planning Board: 1. An assessment of Old Oak Road shall be performed and any impact to the road realized from the use by the fire apparatus shall be mitigated by the County 2. The Special Use Permit shall expire when the temporary fire station is removed from the property The Planning Board held discussion about performing an assessment of Old Oak Road to determine the cost of bringing the road up to NCDOT standards and exploring possibilities of funding the repairs with the ambition to have the road being brought into the state road maintenance system. The Board voted (5-0) to recommend approval citing finds of facts, with three conditions: 1. An assessment of Old Oak Road shall be performed and any impact to the road realized from the use by the fire apparatus shall be mitigated by the County 2. An assessment shall be performed in conjunction with NCDOT to evaluate the cost and possibility of rehabilitating the road for compliance with NCDOT standards for acceptance into the NCDOT system 3. The Special Use Permit shall expire after either 24 months or when the Certificate of Occupancy is obtained for the fire station on Market Street, whichever occurs first Since the December 1, 2016 Planning Board meeting, conditions 1 and 2 noted above have been satisfied. County Engineering staff assessed the road and found some areas that will be repaired. This assessment will serve as the benchmark for the County's maintenance of Old Oak Road while the fire station is there, which should be 12 to 18 months. NCDOT staff also performed an assessment of Old Oak Road and prepared a punch list of repairs that will be needed to bring the road into the state road system. At this time staff observes there are positive findings of fact to support the four conclusions required for approval. Since both of the assessments to Old Oak Road have been performed, staff suggests: 1. A simplified condition that any impact to the road realized from the use by the fire apparatus shall be mitigated by the County 2. The Special Use Permit shall expire after either 24 months or when the temporary fire station is removed from the property Mr. Andrea noted that typically Special Use Permits run with the land and the second condition would make the Special Use Permit validity sunset when the temporary use is over. Chairman White reported that no one had signed up to speak in favor or opposition, closed the public hearing and opened up the floor to discussion by the Board. In response to Board questions concerning the use of sirens and the discretion of use in this instance, Mr. Andrea deferred to Fire Chief Donnie Hall. Chief Hall explained that emergency incidents require the emergency lights to be on and to operate some kind of audible signal. During the 7:00 a.m. shift change staff does not have to pull the trucks out, turn on the sirens and leave them on for several minutes. Also, parameters can be put into place for when milder siren checks are done to verify the audible warning signal is possible. While there is a need to have some type of audible device it does not mean the loud sirens have to be used until the trucks reach the heavier populated areas. Sirens and red lights are not used for non-emergency runs. In response to additional Board questions, Chief Hall reported that during the community meeting it was explained to the residents what the department would do while using the property. Most concerns expressed by the residents were about the condition of the road. County staff has performed an assessment and will look at what minor improvements can be done before setting up the temporary facility. If the Special Use Permit is approved, staff will return after leaving the site to check for any damage caused by the fire apparatus and if needed, repair the road. He reported that Cape Fear Public Utility Authority is not being paid for the use of the land; there is an agreement between the two organizations. Discussion was held concerning the cost to bring Old Oak Road up to NCDOT standards. Mr. Andrea reported that County Engineering staff did draft a rough estimate but were not confident in sharing the information in the public hearing. County Manager Coudriet further explained that the assessment is not something the County is proposing to implement to bring the road up to NCDOT standards. The assessment was to understand the current condition of the road in order to be able to maintain it in the current condition. NCDOT identified the steps the property owners would need to take to be able to turn the road over to NCDOT. While there will be an effort not to make the road worse than it is, there is no intention to ask the County nor the residents to take on the financial responsibilities of fixing it. It is a private road that should have already been turned over to NCDOT and the cost of bringing it into compliance should be factored in by the homeowners’ association. Hearing no further discussion, Chairman White stated 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 Mr. Andrea if he wished to continue the application to a future meeting, or to proceed with this Board deciding to grant or deny the application. Mr. Andrea stated that on behalf of Fire Services, they do wish to proceed. Chairman White then asked if Mr. Andrea agrees with staff findings and any proposed conditions. Mr. Andrea confirmed that he agreed with staff findings and any proposed conditions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 9, 2017 PAGE 669 Chairman White asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to approve, as the Board of Commissioners find that this application for a Special Use Permit meets the four required conclusions based on the findings of facts included in the Staff Summary and the following conditions: 1. Any impact to the road realized from the use by the fire apparatus shall be mitigated by the County. 2. The Special Use Permit shall expire after either 24 months or when the temporary fire station is removed from the property. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order granting a Special Use Permit and listing the findings of fact is contained in SUP Book IV, Page 62. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White reported that no one had signed up to speak on non-agenda items. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 5:30 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 online at www.nhcgov.com.