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2002-08-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 5, 2002 PAGE 280 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 5, 2002, at 5:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Robert G. Greer; Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Davis called the meeting to order and welcomed everyone present. He requested persons with cell phones or pagers to cut off the equipment to prevent being disruptive during presentations and deliberations by the Board of County Commissioners. INVOCATION AND PLEDGE OF ALLEGIANCE Mr. Carl Byrd, Director of Human Relations, gave the invocation. Vice-Chairman Robert G. Greer led the audience in the Pledge of Allegiance to the Flag. Chairman Davis announced that August 5 was Lucie Harrell’s birthday. He requested the Clerk to the Board to step forward to receive flowers. The Commissioners wished her a happy birthday and expressed appreciation to her for the dedicated service given to Board of County Commissioners and citizens of New Hanover County. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. In discussion of Consent Item #2, Commissioner Caster reported that the Cape Fear Habitat for Humanity would like to expand its program beyond the City Limits. He advised that Ms. Barbara Birkenheuer, Executive Director, has requested the County to identify properties that the Habitat may be able use for the purpose of building affordable housing. He requested Staff to notify Ms. Birkenheuer of any property in the unincorporated area of the County that could be used for this purpose. There being no other comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Regular Meeting, June 3, 2002 Regular Meeting, June 17, 2002 Adoption of Resolution Authorizing a No-Cost Transfer of 1207 South Second Street to Cape Fear Habitat for Humanity (CFHH) The Commissioners adopted a resolution authorizing a no-cost transfer of 1207 South Second Street to Cape Fear Habitat for Humanity (CFHH), in accordance with requirements and conditions adopted by the Board on April 19, 1994. This property is owned by the City of Wilmington and New Hanover County. A similar resolution was adopted by the Wilmington City Council on July 16, 2002. CFHH plans to construct a single family owner-occupied home for a low-to-moderate income citizen on the vacant lot. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 24.1. Approval of Southeastern Center’s Request to Purchase Property The Commissioners approved a request from the Southeastern Center to purchase property located at 1224 and 1226 South 15th Street, at a cost $25,000. In accordance with N.C.G.S. 122C-147, the Southeastern Center, an Area Authority for Brunswick, New Hanover, and Pender counties, must obtain approval from all three counties in order to purchase and own real property. The property is contiguous to the current Ocean House facility and will be used to build a new Ocean House to serve 80 clients instead of 40. The Southeastern Center has funds budgeted to pay for the acquisition. The Pender County Board of Commissioners will consider approving the property acquisition on August 15, and Brunswick County Board of Commissioners will consider the acquisition on August 5, 2002. Approval of Grant Application for the Department of Aging to Apply for a Family Caregiver Support Program (Title III-E) Grant The Commissioners approved a request from the Department of Aging to apply for a Family Caregiver Support Program (Title III-E) Grant in the amount of $25,451. The Family Caregiver Support Program is a new program under Title III-E of the Older Americans Act. Monies will be used to pay for services that provide relief for unpaid caregivers of persons 60 and over. These services include: temporary respite care in adult day care, nursing home and/or adult care homes; in-home aide services; information and referral and care planning services; and purchase of supplemental supplies which assist unpaid caregivers in their efforts to care for elderly loved ones. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 5, 2002 PAGE 281 Authorization to Submit a Standard County Work First Plan and Approval of the Planning Committee to Develop the Plan for 2003-2005. The Commissioners approved continuation of Standard County Work First Plan for the period covering October 1, 2003 to September 30, 2005, and approved the DSS planning committee to develop the plan for 2003-05. In order to comply with N.C.G.S. 108A-27 and aide the State in its compliance with the federal Temporary Assistance for Needy Families (TANF) Program, counties must submit to the North Carolina Department of Health and Human Services biennial plans that describe the operation of the TANF programs. Work First is the primary TANF Assistance Program in North Carolina. The State will submit an aggregate of county plans to the federal DHHS. The next update will be due November 1, 2002, and will cover the period of October 1, 2003 to September 30, 2005. The local plan must be approved by the Board of County Commissioners. In addition, the Board of County Commissioners must notify the Division of Social Services by August 16, 2002 of its decision to prepare a Standard or an Electing County Plan. In compliance with these requirements, the Social Services Board voted to recommend that the Board of County Commissioners notify the State that the County again chooses to prepare a Standard County Plan, and appoint the 2001-03 planning committee to develop the new plan for 2003-2005. Acceptance of Community Transportation Program Funding for FY 2002-2003 The Commissioners accepted a Community Transportation Grant in the amount of $303,842 for FY 2002-2003 from the N.C. Department of Transportation. This amount includes $155,434 in capital assistance, which includes purchasing 4 vehicles for the system (3 vans and 1 minibus), and $148,408 in administrative assistance, including salaries for the full-time Program Manager and a full-time clerical position. The Human Services Transportation budget adopted by the Board of Commissioners for the current fiscal year included local matching funds of $55,750. No additional funds are required. The Chairman was authorized to execute the necessary contracts for receipt of funding. Approval to Name Newly Acquired Property at Marketplace Mall the New Hanover County Administrative Annex The Commissioners approved the name of new County offices acquired by purchase of the old Corning offices (former Brendles Store) in the Marketplace Mall , The New Hanover County Administrative Annex, as recommended by Staff. The new office will closely mirror the functions of the old Annex Administration Building located at 414 Chestnut Street, Wilmington, North Carolina. Adoption of Resolution to File a Grant Application to the N.C. Governor’s Highway Safety Program for a Safe Roads Traffic Project - Sheriff’s Department The Commissioners adopted a resolution authorizing the filing of a grant application in the amount of $3,050 to the Governor’s Highway Safety Program for a Safe Roads Traffic Project. This grant is the third year of a three-year grant to provide funds to reduce the number of DWI drivers on the highway. The Sheriff was authorized to accept the grant and prepare the necessary budget amendment when the grant is awarded. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 24.2. Approval to Relocate the Human Relations Commission, Veterans’ Services Office, and Risk Management Office The Commissioners approved the relocation of the Human Relations Commission to 801 Princess Street. This move will allow the Commission an opportunity to meet current space needs and provide easily accessible meeting space for Commission and committee meetings. In addition, the N. C. District Office of Veterans' Services desires to address its own space needs by reclaiming the space currently occupied by the County's Veterans Services Office. Since there is sufficient space available at 801 Princess Street, the New Hanover County Veterans Services Office will move into this space which will allow the office to remain in close proximity to the District Office for ease of access to records. Relocation of both offices will require some renovation to the space at 801 Princess Street, which can be completed by the Property Management Staff. In addition, the adjacent parking lot will need to be paved to meet ADA requirements. The building currently occupied by the Human Relations Commission at 401 Chestnut Street will be used by the Risk Management Office to better coordinate activities with the Legal and Finance Departments. A non-profit organization has expressed an interest in leasing the remaining space in that building. Staff was authorized to negotiate leasing the space to the interested organization. Approval of Budget Amendment #03-0014-Public Health/School Health The Commissioners approved the following budget amendment: Budget Amendment #03-0014-Public Health/School Health AdjustmentDebitCredit Contributions From School$63,803 Salaries and Wages$47,884 Social Security Wages$ 3,740 Retirement-Local Govt. Employee$ 2,420 Medical Insurance Expense$ 8,730 Long-Term Disability Insurance$ 103 Departmental Supplies$ 300 Employee Reimb./Uniforms$ 626 Explanation: To budget funds for the addition of one full-time and one half-time school health nurse based on increasing needs of students with severe chronic diseases or conditions. Law requires that the students' NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 5, 2002 PAGE 282 health needs be met. SECOND READING OF WATER EMERGENCY MANAGEMENT ORDINANCE Chairman Davis reported that a second reading was being held on the Water Emergency Management Ordinance. He asked if any member of the Board would like to comment. Vice-Chairman Greer expressed concern for the ordinance not clearly differentiating between public and private wells and stated that he felt individuals should be allowed to use their private wells if the water use was not negatively impacting the County’s water supply. Discussion followed on whether the ordinance would apply to both public and private wells. County Attorney Copley explained that the ordinance would apply only to customers of the New Hanover County Water and Sewer System. Commissioner Pritchett expressed concern for enforcement becoming a problem if there is a differentiation between private and public wells and stated with only one quantity of available water, the restrictions should apply to all wells. After commenting on the current drought and water resources becoming a real problem in the future, Commissioner Boseman stated that the ordinance should apply to both public and private wells. County Manager O’Neal advised that it would be appropriate for the Commissioners to request the Board of Health to consider its role in managing a water shortage emergency. The Board of Health has authority to adopt regulations that would apply to everyone living in the county. After discussion of the need to move forward with having an ordinance in place, Commissioner Caster suggested adopting the ordinance for the Water and Sewer District and then contacting the Board of Health about adopting regulations for the entire county. Motion: Commissioner Caster MOVED, SECONDED by Vice Chairman Greer, to adopt the Water Emergency Management Ordinance for customers of the Water and Sewer District. Upon vote the MOTION CARRIED UNANIMOUSLY. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to request the Board of Health to move forward with a countywide water ordinance that can be implemented, if needed, during a water emergency shortage. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 24.3. The ordinance will be codified into the New Hanover County Code. FIRST READING OF AMENDMENT OF CHAPTER 38, OFFENSES, ARTICLE IV, BREACH OF PEACE, AND CHAPTER 53, TRAFFIC AND VEHICLES, ARTICLE II OF THE NEW HANOVER COUNTY CODE Deputy County Attorney Kemp Burpeau advised that Sheriff Lanier has requested the Board to amend Chapter 38, Offenses, Article IV, Breach of Peace, to reflect a graduated tier in fines for first, second, third and subsequent offenses. This ordinance currently has a penalty of $500 for each and every offense. A graduated approach would more appropriately reflect the increasing severity of later offenses, while not initially imposing a harsh sanction. The proposal would apply to disorderly conduct and discharge of firearms. In the event of a particularly egregious offence, the amendment would not prevent an officer from instituting a greater fine, by charging the offender with a misdemeanor under state law. Discussion followed on how records are kept so the arresting officer could determine if the offender had a previous record. Deputy County Manager Atkinson explained that the information would be on record in the Sheriff’s Department and available at the time of writing the citation through mobile data terminals installed in all law enforcement officer vehicles. Commissioner Caster asked about the publisher’s error in Paragraph 7. Deputy County Attorney Kemp Burpeau explained that when the County Code was recently modified, the publisher inadvertently printed two penalty sections and noted that one section will be removed. After a lengthy discussion on the fines, Deputy County Attorney Burpeau suggested voting on deleting the section of the code pertaining to the operation of vehicles in the dune area and waiting until Sheriff Lanier is present to the discuss the citation charges. Hearing no further comments from the Board, Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to delete Subsection C under Chapter 53-36, Traffic and Vehicles, Article II, Operation of Vehicles in Dune Area, from the ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 24.4. The ordinance will be codified into the New Hanover County Code. Consensus: After further discussion, the Board agreed to postponed consideration of amendments to Chapter 38, Offenses, Article IV, Breach of Peace, until August 19, 2002, when Sheriff Lanier will be available to respond to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 5, 2002 PAGE 283 questions. ADDITIONAL ITEMS Discussion of Governance Resolution for the Southeastern Center of Mental Health, Development Disabilities, and Substance Abuse Services Commissioner Pritchett reported at the last Southeastern Center Mental Health Area Board meeting, discussion was held on the need for the Board of County Commissioners to adopt to a governance resolution by October 1, 2002, pursuant to the new mental health reform bill. She asked when this item would be placed on the agenda. County Manager O’Neal responded that a resolution will be placed on the August 19, 2002, agenda with the Director of the Southeastern Center making a presentation. Discussion of New Hanover County Becoming a Partner with the City of Wilmington in the Sister City Program Commissioner Pritchett reported that the Sister City Commission has been discussing whether to ask the County to partner with the City of Wilmington in the Sister City Program. She asked the Commissioners if she could discuss this matter with the Commission. Discussion followed on the cost for the County to participate in the program and the benefits that will be gained by becoming involved in the Sister City Program. Commissioner Pritchett advised that national dues are $340 per year and City of Wilmington budgets $5,000 for operations. The Sister City Program promotes trade opportunities for the Wilmington State Port, provides educational opportunities, and encourages friendly relationships with countries around the world. Chairman Davis requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to authorize her to move forward with recommending that New Hanover County join the City as a member of the Sister City Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF A REQUEST BY NATHAN SANDERS TO REZONE APPROXIMATELY 15.28 ACRES OF PROPERTY LOCATED IN THE NORTHWEST CORNER OF VETERANS PARK BOUNDED BY THE TIDALHOLM VILLAGE SUBDIVISION, KIRKWOOD AT ARRONDALE SUBDIVISION AND THE NORTHWEST CORNER OF VETERANS PARK FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL (CONTINUED FROM THE JULY 8, 2002 MEETING) (Z-743, 06/02) Chairman Davis advised that the Public Hearing regarding the zoning request was closed at the July 8, 2002 meeting; therefore, no additional public comments will be received. He stated that the rezoning case was continued to provide time for all parties involved to meet and try to resolve some of the neighborhood concerns about the extension of River Breeze Drive. Unfortunately, no agreement was reached. It is important for persons in the audience to understand that the road easement has no bearing on the decision to be made by the Board of County Commissioners when considering the rezoning request. The Board cannot legally place any condition on the road easement and the Commissioners are obligated to follow regulations in the County Zoning Ordinance. Chairman Davis welcomed Mr. Nathan Sanders and Ms. Candice Alexander and asked if they understood that the petition could not be resubmitted for 12 months if the Board should deny the rezoning request. Mr. Sanders and Ms. Alexander stated that they were aware of this fact. Chairman Davis requested the Planning Director to make a brief presentation. Planning Director Dexter Hayes reported that a Planning Board meeting was held on June 6, 2002, and petitioner requested rezoning the property from R-15 Residential to R-10 Residential to provide affordable single-family homes in the area. Several people from adjacent subdivisions spoke in opposition because the R-10 zoning would create more density. After debate by the Planning Board, the members voted 4 to 2 to recommend zoning the eastern portion of the property by extending the adjacent R-10 district boundary south, thus bisecting the petitioner’s property. The Planning Staff agreed, particularly with the provision of water and sewer. Further discussion was held on the recommendation of the Planning Board. Planning Director Hayes explained that the recommendation was to follow the existing survey line and extend the R-10 District boundary with the western part of the property remaining R-15 Residential. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the recommendation of the Planning Board. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Boseman voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 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 62. PUBLIC HEARING TO CONSIDER A REQUEST BY NAM VAN TRAM TO REZONE APPROXIMATELY 1.65 ACRES OF PROPERTY LOCATED AT 5111 CAROLINA BEACH ROAD ON THE NORTHEAST SIDE APPROXIMATELY ONE HALF MILE NORTH OF MONKEY JUNCTION FROM R-15 RESIDENTIAL TO NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 5, 2002 PAGE 284 CD(O&I) CONDITIONAL USE OFFICE AND INSTITUTIONAL (Z-736, 02/02) Chairman Davis opened the Public Hearing and reported that a conditional use zoning requires a quasi-judicial hearing; therefore, any persons wishing to speak must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Nam Van Tram Chairman Davis requested the Planning Director to make a presentation. Planning Director Dexter Hayes presented maps and pictures of subject property which is located approximately one-half mile from Monkey Junction and has a 300-foot frontage on Carolina Beach Road. Currently there is a single- family brick structure and accessory building located on the site. Slides were shown of the subject property being bordered on two sides by a high density project known as Willoughby Park. There are two long narrow parcels adjacent to the southeast side that have a combined road frontage of 200 feet. These parcels are next to the developing Lowe’s and Wal-Mart project which is adjacent to Willoughby Park. Planning Director Hayes reported that in February, the applicant petitioned for a B-2 Highway Business rezoning. Based on concerns raised by the Planning Staff, the applicant asked the Planning Board to table this item to pursue a Conditional Use petition. On July 11, 2002, the applicant presented the petition to the Planning Board, and he requested to use the existing home on the property for Professional Office uses and in the future allow a family member to operate a Beauty Salon/Barber Shop from the same structure. After reviewing the petition, the Planning Board unanimously approved the request with additional parking and landscaping improvements. The Planning Staff is in favor of rezoning the property due to the proximity of existing commercial activity. Planning Director Hayes entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The subject property is located within the Myrtle Grove Volunteer Fire Department. B.The site has direct access to Carolina Beach Road (U.S. Highway 421). C.City water and County sewer are available in the nearby vicinity. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.No new structures will be constructed on the site. The proposed uses will be contained within the existing 1-1/2 story brick home. B.The Zoning Ordinance does not specify any additional restrictions for these uses. C.Existing trees will be supplemented to accommodate buffer requirements. Other landscaping and parking requirements will be added to meet the requirements of the ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A.The property is adjacent to a high density multi-family development and is less than 200 feet from the developing Super Wal-Mart at Monkey Junction. B.The proposed use will be housed in an existing residential structure. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development of New Hanover County based upon the following findings: A.The subject property is located in the Developed Land Classification. The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Density may exceed 2.5 units per acre within the Developed class, depending upon local zoning regulations. B.The property is near the growing commercial center at Monkey Junction. Planning Director noted that no additional conditions or limitations on the proposed use were recommended by the Planning Board because there are no modifications to the site, other than the change of use. Chairman Davis asked if this use was consistent with the Land Use Plan. Planning Director Hayes responded that Staff felt the use would be consistent with the Comprehensive Land NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 5, 2002 PAGE 285 Use Plan since there is high density development surrounding the project and no new structures would be built on the property. Chairman Davis noted that both the Planning Board and Planning Staff have recommended approval of the proposal and stated no one had signed up to speak in opposition. He asked Mr. Nam Van Tran if he agreed with the findings of fact as presented by Staff. Mr. Nam Van Tran concurred with the findings as presented. Chairman Davis asked Mr. Nam Van Tram if he understood that he would have to wait 12 months to resubmit a petition if the Board should vote to deny the request. Mr. Nam Van Tran stated that he was aware of this fact and requested the Board to vote on the request. Hearing no further comments, Chairman Davis closed the Public Hearing. Commissioner Pritchett asked if any modifications occurred to the building, would the a plan have to be submitted to the Board. Planning Director Hayes responded that a plan would have to be submitted if the footprint of the building was expanded. Hearing no further comments, Chairman Davis requested a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to rezone approximately 1.65 acres of property located at 5111 Carolina Beach Road on the northeast side approximately one half mile north of Monkey Junction between Willoughby Park and the Super Wal-Mart from R-15 Residential to CD (O&I) Conditional Use Office and Institutional as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Daviscalled for a motion to approve the Special Use Permit. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to grant a Special Use Permit to allow a Barber/Beauty Shop to be located at 5111 Carolina Beach Road in the Conditional Use O&I District based upon the evidence presented and findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 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 62. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 16. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 6:20 P.M. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 6:35 P.M. DESIGNATION OF VICE-CHAIRMAN ROBERT G. GREER AS THE VOTING DELEGATE TO THE 95 th ANNUAL CONFERENCE OF THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS Chairman Davis advised that since Vice-Chairman Greer was the only Commissioner attending the Annual Conference, he would call for a motion to designate him as the voting delegate. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to designate Vice-Chairman Robert th G. Greer as the voting delegate at the 95 Annual Conference of the N. C. Association of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST BY DESIGN SOLUTIONS FOR CHARLES HOLLIS ET AL TO REZONE 4.13 ACRES OF PROPERTY LOCATED AT 4718 AND 4722 SOUTH COLLEGE ROAD NORTH OF STILL MEADOW VILLAGE DEVELOPMENT FROM R-15 RESIDENTIAL TO CD (O&I) CONDITIONAL USE OFFICE AND INSTITUTIONAL (Z-741, 04/02) Chairman Davis opened the Public Hearing and announced that the conditional use process requires a quasi- judicial hearing; therefore, all persons wishing to speak must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 5, 2002 PAGE 286 Charles Hollis Cindee Wolf Phil Triece Marty Pridgen Chairman Davis informed the petitioners that 10 minutes would be allowed to make a presentation and 10 minutes would be allowed to receive sworn testimony by persons opposed or in favor of the zoning petition. He requested all parties speaking to avoid redundancy if at all possible. Planning Director Dexter Hayes showed slides and maps of the property located at 4718 and 4722 South College Road north of Still Meadow Village. The property is classified as Developed on the Land Classification Map and is situated between a church, lawn care equipment storage building and high density development. The Lawn Care business is part of a larger Conditional Use B-2 Highway Business rezoning established in 1991. The uses within the Conditional Use District are limited to the existing equipment storage facility, wholesale nursery, and green house operations, which are permitted within the residential zoning district. No retail activities are permitted within the Conditional Use District. The church to the north of the subject property is a permitted use within a residential district. South of the property is Still Meadow Village, which is a high density project approved in 1997. Planning Director Hayes reported based on concerns raised by the Planning Staff and Planning Board at the April 11, 2002, Planning Board meeting, the petitioner is seeking a Conditional Use Office and Institutional rezoning. In July, the petitioner presented a Conditional Use site plan that included four buildings with a total of 38,400 square feet of office space and 162 parking spaces. Several neighbors from the Wedgefield Subdivision located on the east side of South College Road spoke in opposition. Some of the concerns related to poor drainage within adjacent subdivisions, traffic on South College Road and the size of the proposed project. After discussion, the Planning Board voted unanimously to recommend approved with the following conditions: •Reduce the total floor area by one-half to 19,200 square feet maximum •Require all buildings to have a pitched roof •Additional parking above the minimum required shall be of a pervious paving material Planning Director Hayes stated that the site plan has been amended to reflect the conditions stipulated by the Planning Board. Planning Director Hayes advised that it is important to note that the northern property line of the subject property aligns with an existing crossover on south College Road. Given the development in the area, this crossover may become an important feature to facilitate inter-connectivity. Recent discussions with the developer of The Lakes at Johnson Farm located to the west of the subject property, indicate that additional sections of The Lakes at Johnson Farm will be forthcoming. There may be an opportunity to tie that project into road connections provided at Still Meadow Village, which abuts the subject property. As more definite plans for development are considered, it will be important to provide a street network that will allow some of the interior properties to utilize this crossover. Planning Director Hayes concluded the presentation by saying that the Planning Staff believes this southern stretch of South College Road should remain residentially zoned, which is consistent with the surrounding zoning. For this reason, Staff recommends denial. Chairman Davis asked if this project was consistent with the Land Use Plan. Planning Director Hayes responded that Staff feels this area should remain as a residential corridor. The Land Use Policies allow for higher density development on the west side of South College Road, but do not allow higher density development on the east side; therefore, Staff feels this property should remain residentially zoned and the petition should be denied. Chairman Davis stated that if the Board should vote to deny the request it would be 12 months before the petition could be resubmitted. He asked Ms.Cindee Wolf and Mr. Charles Hollis if they were aware of this fact. Ms. Wolfe and Mr. Hollis stated they were aware of the time frame and requested the Board to proceed with hearing the request and taking action. Ms. Cindee Wolfe, a landscape architect with Design Solutions, reported that the property is not suitable for conventional residential development. With commercial uses surrounding the property, the proposed Conditional Use Office and Institution zoning will be an excellent transitional use. The applicant has worked with the Planning Staff and the Planning Board to address the concerns mentioned by persons at the Planning Board meeting, and these changes have been incorporated into the site plan. There will be two buildings consisting of two levels. The access easement along the rear of the tract will available for future connectivity if needed. With the reduced square footage, the traffic impact will not be more than a high density residential development that is already a permitted use for the property. The setbacks have been addressed, and the location of retention pond to the rear of the property will comply to storm water State and County regulations. The location and character of the Hollis Office Park will comply with all zoning regulations and will be in harmony with the surrounding area. In concluding the presentation, Ms. Wolf offered to answer questions and advised that Mr. Hollis had worked diligently to design a plan that will be aesthetically pleasing to surrounding properties and prevent another strip commercial use on South College Road. Chairman Davis asked if anyone in the audience would like to speak in opposition to the proposed project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 5, 2002 PAGE 287 Ms. Marty Pridgen, a resident of 4601 Reigate Way, spoke on the need to maintain the residential character on this portion of South College Road and requested the Board to stop commercial encroachment at the Myrtle Grove Branch Library. The existing residential neighborhoods should be protected from further commercial encroachment. Once one commercial project approved, it will open the door to future projects. She urged the Board to follow the recommendation of the Planning Staff and deny the rezoning request. Mr. Phil Triece, a resident of Crosswinds, introduced the Presidents of Crosswinds and Wedgefield Homeowner Associations. He stated that the major concern of the residents and associations is the highway crossover adjacent to the property which serves as an entrance to these developments. This crossover will be used to make u-turns into the proposed office park, which create a safety hazard. Many of the concerns were addressed at the Planning Board meeting. Parking spaces along South College Road were moved and the drug store and high density residential development were eliminated. The intent of the Planning Board regarding traffic was twofold. They did not want to adopt a design that would increase traffic to a level that was greater than what would have been allowed under the existing zoning, which was why the space was cut in half. The other reason was that office development would spread out the traffic rather than having peak times in residential areas. In concluding his presentation, Mr. Triece noted that given the changes made by the developer on the site plan as recommended by the Planning Board, the Homeowner Associations were not extremely opposed to the project, but feel that the 100 foot setback should be increased to 150 feet if the Board decides to approve the project. Chairman Davis asked Ms. Wolf and Mr. Hollis if they agreed with the findings of fact presented by the Planning Director. Ms. Wolf and Mr. Hollis concurred with the findings as presented. Vice-Chairman Greer spoke on being confused and stated he could not see why the surrounding neighborhoods would not be more pleased with a two story office park than a tremendous apartment complex that will create additional traffic and not be as compatible with the area. With surrounding commercial uses, the plan submitted is the best scenario for use of the property. Commissioner Caster agreed with Vice-Chairman Greer and stated that the property was not suitable for an apartment complex or any other residential use. Planning Director Hayes noted that if the office complex is built as designed and no subsequent changes ever occur, it would be an ideal project for the property; however, a precedent will be set for surrounding properties to request the same types of commercial use. With the amount of vacant land still left, this residential area should be protected along this section of College Road. He stated if the Board decides to approve the request, he would suggest adding a condition to require a six foot sign on the site. There being no further comments, Chairman Davis closed the Public Hearing. He called for a motion to approve or deny the request. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve rezoning 4.13 acres of property located at 4718 and 4722 South College Road north of Still Meadow Village from R-15 Residential to CD (O&I) Conditional Use subject to the three conditions of the Planning Board, changing the setback from 100 feet to 150 feet, and requiring a six foot ground sign. Commissioner Boseman spoke on the need to protect the surrounding residential neighborhoods and stated if this motion is approved, it will start a trend of commercial development along this segment of South College Road. Commissioner Pritchett agreed and stated that she felt this residential section of South College Road should be protected. Vice-Chairman Greer responded that in his opinion he was protecting the residents because a large apartment complex would much more intrusive than the small office complex proposed by the applicant. Chairman Davis called for a vote on the motion to approve the project with the recommended conditions. Upon vote, the MOTION FAILED by a vote of 2 TO 3. Chairman Davis, Commissioner Boseman, and Commissioner Pritchett voted in opposition. PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY MAURICIO GARCIA TO NAME A PRIVATE ROAD DEER CREEK LANE, LOCATED NEAR THE 1300 BLOCK OF NORTH KERR AVENUE AND TO RENUMBER THE BUSINESSES ALONG SAID ROAD IN ACCORDANCE WITH THE COUNTY’S COMPREHENSIVE ADDRESS GRID SYSTEM (SN-92, 07/02) Chairman Davis opened the Public Hearing. Planning Director Hayes reported that Mr. Mauricio Garcia has requested naming a private road located near the 1300 block of North Kerr Avenue to Deer Creek Lane. He advised that the road name has ben reviewed and approved by Emergency Services (911). In accordance with the County’s Address Grid System, the assignment of new mailing addresses will be required if the road naming is approved. The County will also be responsible for erecting a new street sign. The effective date of change is scheduled for October 7, 2002. Chairman Davis asked if anyone from the audience would like to speak in favor of the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 5, 2002 PAGE 288 Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak in opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to name the private road located in the 1300 block of North Kerr Avenue to Deer Creek Lane and assign new mailing addresses as recommended by the Planning Staff. Upon vote the MOTION CARRIED UNANIMOUSLY. Copies of orders renaming the road are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVII, Page 24.5. CONSIDERATION OF REQUEST BY HENRY CONNER TO ADOPT A RESOLUTION OF INTENT TO CLOSE A PORTION OF NASSAU ROAD LOCATED IN THE SEDGEFIELD SUBDIVISION NEAR THE 2100 BLOCK OF CASTLE HAYNE ROAD (SC-78. 07/02) Planning Director Hayes advised that Mr. Harry Conner, an adjoining landowner, has petitioned to close a 400 foot segment of Nassau Road, which is basically an unimproved road. Nassau Road is located in the Sedgefield development near the Wrightsboro Community (Plat Book 7, Page 31). Pursuant to N.C.G.S. 153A-241, a Resolution of Intent has to be adopted by the Board of County Commissioners prior to scheduling a Public Hearing to consider the road closing. In concluding the presentation, Planning Director Hayes noted that the remaining segment of Nassau Road abuts the side yards of four residential homes in the Sedgefield development. All four lots receive primary access through Fairfield Road or Bermuda Drive. Alternative access options for the neighbors of Sedgefield and emergency service delivery should be considered by the Board in deciding whether to close the road. If the Resolution of Intent is adopted, a Public Hearing will be held on Tuesday, September 3, 2002. Commissioner Pritchett commented on the road closing being in conflict with encouraging neighborhood connectivity and she requested Planning Director Hayes to comment on this concern. Planning Director Hayes responded that the road is not built at the present time, but in future years it may be need for connectivity. The County Engineering Staff has indicated that utility and drainage easements may need to be acquired along the roadway petitioned to be closed. This is the only north/south connector in a block of east/west street grids in that area. Vice-Chairman Greer objected to moving forward with this process if the road should not be closed. After discussion of whether the neighbors are aware of the proposed road closing, County Manager O’Neal advised that the Resolution of Intent has to be adopted before a Public Hearing can be scheduled to allow the public to comment. The Board can either approve or deny the road closing after receiving public input. Chairman Davis requested Planning Director Hayes to comment on the cost involved to the County when being requested to close a portion of a road. Planning Director Hayes responded that the petitioner is charged $600 to cover the cost of advertising the Resolution of Intent to close the road. Chairman Davis called for a motion. Motion : Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt a Resolution of Intent to hold a Public Hearing on Tuesday, September 3, 2002 to consider closing a 400 foot segment of Nassau Road in the Sedgefield development. Upon vote, the MOTION CARRIED 4 TO 1. Vice-Chairman Greer voted in opposition. A copy of the Resolution of Intent is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 24.6 ADDITIONAL ITEMS Request by the Wilmington Regional Association of Realtors for Appointment of a Task Force to Plan for Development of Area Around the U. S. Highway 17 Bypass Vice-Chairman Greer commented on the letter received from the Wilmington Regional Association of Realtors regarding the appointment of a Task Force to plan for future development of the area the U. S. Highway 17 Bypass and requested the Board to move forward with this process. County Manager O’Neal informed the Board that this item would be on the August 19, 2002, agenda. Proclamation Honoring Wilmington Rotarian Herman Blizzard Vice-Chairman Greer requested the Board to adopt a proclamation to honor Mr. Herman Blizzard, a member of the Wilmington Rotary Club. He read the proclamation and advised that Mr. Blizzard’s collection of documents and memorabilia of the Rotary Club will be permanently housed in the Special Collections section of the William Madison Randall Library at the University of North Carolina at Wilmington. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the proclamation declaring Rotarian Herman Blizzard Day Tuesday, August 6, 2002, as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 5, 2002 PAGE 289 A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 24.7. Performance Residential Development Regulations Commissioner Caster referenced the memo from Assistant County Manager Dave Weaver regarding the Performance Residential Development regulations that were adopted on July 8, 2002, and he requested the Board to review these regulations for a thorough understanding of the action taken by the Board. Discussion of Letter from N. C. Representative Daniel F. McComas Regarding Placement of Infrastructure on U. S. Highway 421 North Commissioner Caster referred to the letter received from Representative McComas regarding placement of infrastructure on Highway 421 North, and he requested Vice-Chairman Greer to review the request and reply for the Board. He stated that placement of sewer in that area would be extremely expensive. Complaint of Trash Dump Site on Lobos Lane Commissioner Boseman stated that she had received a complaint from City Council Member Jason Thompson about a 50 acre site on Lobos Lane that is being used as a dump. She requested Staff to check into this matter. Commissioner Pritchett suggested referring the complaint to Sergeant John Murray. County Manager O’Neal advised that he would discuss this matter with Sergeant Murray and report back to the Board. Proposed Legislation on Room Occupancy Tax Commissioner Boseman stated that Representative Thomas E. Wright plans to introduce a bill regarding increasing the Room Occupancy Tax without contacting the Board of County Commissioners. The proposed bill will allow four different tourism development authorities to be established in New Hanover County, which is absolutely ridiculous. With New Hanover County being the second smallest county in the state, only one tourism development authority is needed to market the area, which is the Convention and Visitors Bureau. She suggested that the Board should take a stand on this issue. With the cost of advertising to market the area and the uncertainly of federal funding for beach re-nourishment projects, the Board should be informed about any increase in the Room Occupancy Tax. Commissioner Caster agreed with Commissioner Boseman and asked if she knew how the money would be distributed under the bill proposed by Representative Wright for promotion of tourism. Commissioner Boseman responded that when she met with the municipalities a few months ago and felt that each municipality wanted a separate tourism development authority. The administrative costs for establishing four separate authorities would be cost prohibitive and unreasonable for a small county. It is a bad idea and all local governments should be working together to promote tourism in the area and have sufficient funding for beach re- nourishment projects. Chairman Davis expressed concern that Representative McComas and Representative Wright had not presenting one uniform bill. Commissioner Boseman responded that she had discussed this issue with Representative McComas and he would be supportive of one tourism development authority; however, things could have changed since this conversation. It is the responsibility of the Board of County Commissioners to look out for the best interest of the County and to split up the promotion of tourism into four separate groups is not the right approach. Chairman Davis asked if the Board would like to write a letter to Representative Wright asking for a copy of the proposed bill and an opportunity for Commissioners to provide input into the process. County Manager O’Neal responded that he would be glad to prepare a draft letter and fax it to the Board before forwarding to the legislators. After discussion, the Board requested the County Manager to prepare a draft letter. Continuance of Beau Rivage Appeals to October 7, 2002 Chairman Davis reported that he received correspondence from County Attorney Copley stating that John Wessell would like to reschedule the additional Beau Rivage subdivision appeals filed by Susan McDaniel until the October 7, 2002, regular meeting of the Board. Motion : After discussion of pending appeals in the Superior Court, Chairman Davis MOVED, SECONDED by Commissioner Pritchett, to continue the appeals to October 7, 2002. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Caster voted in opposition. Tour of Capital Building Projects County Manager O’Neal reported that Commissioner Pritchett has requested a tour of the three major capital rd projects, the new Jail, Parking Deck and 3 floor expansion of the Library, and the Judicial expansion. He asked if the Board would like to schedule a tour. After discussion, the County Manager was requested to select a convenient date to tour the capital projects. Airlie Gardens Hosting Jazz Bands in August County Manager O’Neal announced that a “Jazz in the Garden” will be held each Friday evening beginning NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 5, 2002 PAGE 290 August 9, 2002 at 6:00 P.M. in Airlie Gardens. This is part of an ongoing effort by the Director to generate revenue for Airlie Gardens. The admission is $5 per person and children under 12 are free. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. PUBLIC HEARING TO CONSIDER A REQUEST FROM PAULA SHREVE FOR A SPECIAL USE PERMIT TO ALLOW A PRIVATE ENTERTAINMENT BAR IN A B-1 NEIGHBORHOOD BUSINESS ZONING DISTRICT LOCATED AT 6960 CAROLINA BEACH ROAD ON THE NORTHERN CORNER OF THE INTERSECTION WITH MCQUILLAN DRIVE (S-485, 07/02) Chairman Davis opened the Public Hearing and asked if the petitioner, Paula Shreve, was present. County Attorney Copley advised that after discussion with the Planning Director, it is felt that Ms. Shreve will not be present. She requested the Chairman to noted that Ms. Shreve was not present and hold the Public Hearing and make a decision because the case has been advertised and people may be present to speak on the issue. Vice Chairman Greer asked whether the Board could move forward with denying the request since this is a Special Use Permit. County Attorney Copley advised that the request can be denied, but the record must reflect the basis for denial. Chairman Davis announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to speak must be sworn in by the Clerk to the Board. No one from the audience stepped forward to be sworn in. Chairman Davis requested Planning Director Hayes to make a presentation. Planning Director Dexter Hayes reported that the applicant requested issuance of a Special Use Permit to allow a private entertainment bar to be located in a B-1 Neighborhood Business District located at 6960 Carolina Beach Road at the Planning Board meeting held on July 11, 2002. The Planning Board voted unanimously to recommend denial, primarily based upon comments about the use not being in harmony with the neighborhood. The property is located on the northeast corner of McQuillan Drive on U.S. Highway 421, and with the exception of this small B-1 District, the remaining property on McQuillan Drive is zoned and used for residential purposes. The Planning Board felt that an entertainment facility such as a bar, cabaret or disco in the existing B-1 District would not be in the best interest of the surrounding residential community nor in harmony with the neighborhood. In closing, Planning Director Hayes advised that petitions had been signed by 59 people opposed to the use. Hearing no public comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to deny the request for a Special Use Permit to allow a private entertainment establishment in a B-1 Neighborhood Business Zoning District located at 6960 Carolina Beach Road on the northern corner of the intersection with McQuillan Drive based upon the location and character of the use not being in harmony with the surrounding neighborhood. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order denying the request is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 16. ADJOURNMENT Chairman Davis called for a motion to adjourn. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 7:40 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board