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2002-10-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 340 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 7, 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; Deputy County Attorney, Kemp Burpeau, and Deputy Clerk to the Board, Teresa P. Elmore. 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. Ernest Block, a member of the Castle Hayne Volunteer Fire Department, gave the invocation. Vice Chairman Robert G. Greer led the audience in the Pledge of Allegiance to the Flag. ANNOUNCEMENT OF POSTPONEMENT OF PUBLIC HEARING ITEM TO REZONE PROPERTY SOUTH OF ARCHMIL PLACE SUBDIVISION Chairman Davis announced that attorneys for Archie McGirt and Janet Batten have sent a letter requesting the Board to postpone the public hearing for a rezoning request. He asked the attorney to come forward to make the request. Ms. Jeanette Jungreis, attorney for the petitioners, requested the Board to reschedule the public hearing until Tuesday, November 12, 2002, in order to have additional time to address some concerns of the community at Archmil Place. Consensus : The Board agreed to reschedule the public hearing item to the Regular Meeting of November 12, 2002. 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. Commissioner Caster requested the removal of Items 4 and 8.4 for discussion. Vice Chairman Greer requested the removal of Item 3 for discussion. In discussion of Item 3, Vice Chairman Greer asked why a new signature card was needed for the bank accounts. Finance Director Bruce Shell responded that a change in personnel at the Sheriff Department has necessitated a change to the Corporate Resolution and Signature card with the bank. In discussion of Item 4, Commissioner Caster asked why the funds for the Dictaphone logging equipment were transferred from the general fund instead of the 911 surcharge. Director Steve Smith of the Public Safety Communication Center responded that the radio and telephone are part of the integrated system and are eligible for the surcharge, but the recorder, located away from the console, is not considered an essential part of the emergency response and is ineligible for funding from the surcharge. Vice Chairman Greer asked if the new equipment should be purchased and installed later when the expansion and renovation of the communication center has started, as sometimes this type of equipment is sensitive to being moved around. Director Smith responded that the replacement equipment is essentially a software upgrade for the radio system and it will not be affected by the expansion project. Although the project has been scaled back because of the budget crunch, $72,588 per year has been carried over from the last two budget years for the new lease agreement. No increase in the budget is needed for the equipment. Since the equipment runs 24 hours a day, 7 days a week, it is important to replace the old equipment. In discussion of Item 8.4, Commissioner Caster asked for clarification of the funding source from the School’s Medicaid account. Ms. Betty Creech, Community Health Director at the Health Department, responded that Medicaid had agreed to help pay for health services provided in schools, but it has taken 2 to 3 years to receive the funding. The formula for funding from the state and federal governments is based on the number of Medicaid recipients in the county. The school system has received the funding and has budgeted it to reimburse the County for school nurses. After hearing no further comments, Chairman Davis called for a motion to approve the Consent Agenda. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to approve all items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 341 Approval of Minutes The Commissioners approved minutes of the following meetings as presented by the Clerk to the Board: Regular MeetingJuly 8, 2002 Closed Session July 8, 2002 Approval of Board of Education Capital Outlay Budget Transfers The Commissioners accepted the report of two Capital Outlay Budget Transfers from New Hanover County Schools. The budget transfers involve bond money which has been disbursed to the Board of Education in previous years. This does not change the total amount of County funding for the Schools; it simply amends funding for particular school capital projects. Approval of Bank of America Certified Copy of Corporate Resolutions and Opening and Maintaining Deposit Accounts and Services and Corporate Signature Card The Commissioners approved changing the Bank of America Certified Copy of Corporate Resolutions - Opening and Maintaining Deposit Accounts and Services and the Corporate Signature Card for New Hanover County Jail Inmate Escrow Account, by adding Deputy Christine Casado to both the Corporate Resolution and the Corporate Signature Card. Approval of Contract with Motorola for E-911 Phone System/Radio Console/Voice Logging Recorder Upgrade and Associated Budget Amendment #03-0050 The Commissioners approved the lease agreement covering the Motorola E-911 phone and radio system, which has been on a month-to-month lease since the previous lease agreement ended in February, 2002. The contract provides for an upgrade to the E-911 phone and radio system, as well as the Dictaphone voice logging equipment under one lease agreement as follows: E-911 Phone System: Since Motorola discontinued the CentraLink E-911 product as of December 31, 2001, the system upgrade replaces the existing CentraLink system with the Plant Vesta system, Motorola's certified replacement for the CentraLink product. Radio System: To maintain the current integrated E-911 call taker/radio dispatch operator position, a CentraCom Gold Elite (radio console) software/firmware refresh and new server is required. Voice Logging Recorder: The current five year old Dictaphone voice logging equipment needed to be upgraded. Dictaphone has provided excellent service and their product has been very satisfactory. The equipment is designed to work in an integrated fashion with the 800 MHZ trunked radio system and will provide many features to enhance service by the Public Safety Communications Center. The Commissioners approved the associated Budget Amendment: Budget Amendment #03-0050-Public Safety Communications Center/Emergency Telephone System Fund/ Sheriff/911 Service Adjustment Debit Credit Public Safety Communications Center: Transfer In/Emergency Telephone System$30,750 Equipment Rent$30,750 Emergency Telephone System Fund: 911 Surcharge$30,750 Transfer To General Fund$30,750 Explanation: To transfer funds from Emergency Telephone System Fund for eligible charges that are over the amount budgeted for the E-911 phone system. Adoption of Resolution Requesting the Addition of Yulan Drive in Yulan Heights Subdivision to the State Road System The Commissioners adopted a resolution requesting the NCDOT to add Yulan Drive in Yulan Heights Subdivision to the N.C. Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Book XXVII, Page 28.1. Approval to Add a New Development Coordinator Position for Cape Fear Museum Funded by a Grant from the Cape Fear Museum Associates, Inc. The Commissioners accepted the contribution from the Cape Fear Museum Associates to fund a full-time Development Coordinator at Pay Grade PT07, approved the position reporting to the Museum Director, and approved the associated Budget Amendment #03-0052 to cover the salary and benefits for the first six months. The Cape Fear Museum Associates, Inc. has agreed to provide a grant to the museum for the purpose of hiring a Development Coordinator, at a salary of $45,032, and paying the operating expenses to carry out those responsibilities. The grant will pay $53,472 for six months in FY02-03 and $65,343 in FY03-04. The Development Coordinator position will identify and seek out opportunities for revenue enhancements, and carry out administrative duties for the Museum Associates. The position and grant have been approved by the Board of Trustees. Both the Museum Associates and the Board of Trustees acknowledge that if funding ceases, the position will be eliminated. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 342 Budget Amendment #03-0052-Museum AdjustmentDebitCredit Contribution/Cape Fear Museum Associates’ Portion$27,195 Salaries and Wages$22,516 Social Security Taxes$ 1,722 Medical Insurance Expense$ 2,910 Long-Term Disability Insurance$ 47 Explanation: To budget a contribution from Cape Fear Museum Associates, Inc., to fund the salary and benefits for six months of FY 02-03 (January - June 2003) for a Development Coordinator (new full-time position), approved by the Cape Fear Museum Associates' Board of Directors on September 23, 2002. Acceptance of Grassroots Arts Grant for the Community Foundation of Southeastern North Carolina as Pass- Through Funding for Qualifying Art Groups The Commissioners accepted the Grassroots Arts grant as pass-through money to be distributed to sub-grants by the services of the Community Foundation of Southeastern North Carolina. Ruth Haas, Director of the Cape Fear Museum and County representative on the former Lower Cape Fear Arts Council, has been accepted by the North Carolina Department of Cultural Resources and North Carolina Arts Council as the grantee to receive the Grassroots Arts allocation for New Hanover County. The Community Foundation has agreed to gather the required documentation to demonstrate the accountable use of funds. When the check is issued to the County, that amount of money will be transferred to the Community Foundation which will issue the checks to the sub-grant recipients. The County's share will be $21,246. Approval of Budget Amendments #03-0044 Various to Rollover Grant Funds The Commissioners approved the following Budget Amendment: Budget Amendment #03-0044-Various AdjustmentDebitCredit Fire Services: Safe Kids Coalition Grant$ 3,590 Supplies$ 3,590 Jobs Access: Jobs Access Grant$54,624 Contract Services$54,624 Cooperative Extension: Master Gardeners Grant$ 206 Contract Services$ 206 Cooperative Extension-Extended Projects: Pesticide Recycling Grant$ 8,590 Extended Project Expense$ 8,590 Sheriff-Uniform Patrol: Safe Roads Grant$ 5,018 Supplies$ 5,018 Environmental Management-Recycling: Waste Reduction Grant$ 12,500 Contract Services$ 12,500 Appropriate Fund Balance$106,000 Human Service Transportation Contract Services$106,000 Explanation: To rollover unexpended grant funds from FY 01-02 to FY 02-03 Approval of Budget Amendment #03-0047-Information Technology/Wireless 911 Fund/Sheriff The Commissioners approved the following Budget Amendment: Budget Amendment #03-0047-Information Technology/Wireless 911 Fund/Sheriff AdjustmentDebitCredit Information Technology: Transfer In From Wireless 911$8,590 Computer Expenses$8,590 Wireless 911 Fund: Sheriff/Administration: 911 Wireless Surcharge$8,590 Transfer to General Fund$8,590 Explanation: To transfer Wireless 911 Funds for eligible Geographic Information System (GIS) charges. GIS improvements will enhance location capabilities of the Public Safety Communications Center. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 343 Approval of Budget Amendment #03-0048 Social Services/Administration/Crisis Intervention Program - The Commissioners approved the following Budget Amendment: Budget Amendment #03-0048-Social Services/Administration/Crisis Intervention Program Adjustment Debit Credit Social Services/Administration: DSS Administrative Grants$72,457 Crisis Intervention Program: Assistance Payments$72,457 Explanation: To budget $72,457 in additional State funds for the Crisis Intervention Program. No additional County dollars are required. Approval of Budget Amendment #03-0049 Public Health/School Health The Commissioners approved the following Budget Amendment: Budget Amendment #03-0049 Public Health/School Health AdjustmentDebitCredit Contributions From Schools$165,768 Salaries and Wages$126,731 Social Security Taxes$ 9,695 Retirement-Local Govt. Employee$ 6,273 Medical Insurance Expense$ 19,158 Long-Term Disability Insurance$ 267 Departmental Supplies$ 825 Employee Reimbursements$ 200 Employee Reimb./Uniforms$ 2,294 Training and Travel$ 325 Explanation: To budget the Schools' contribution to fund 5 ½ additional School Health Nurse positions. Funding is from the Schools' Medicaid account. Approval of this request will enable the Schools to have full- time nurses at two more elementary schools and all middle schools. There are students with fragile conditions related to heart disease, diabetes, seizures, cerebral palsy, injuries, and other chronic conditions. These students' conditions are very unstable and frequent assessment is necessary. No County funding is required for the additional School Health Nurse positions. Approval of Budget Amendment #2003-08 Sheriff - Federal Forfeited Property The Commissioners approved the following Budget Amendment: Budget Amendment #2003-08 Sheriff - Federal Forfeited Property AdjustmentDebitCredit Federal Forfeited Property$5,433 Extended Project Expense$5.443 Explanation: To increase budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #2003-09 Sheriff - Controlled Substance Tax The Commissioners approved the following Budget Amendment: Budget Amendment #2003-09 Sheriff - Controlled Substance Tax AdjustmentDebitCredit Controlled Substance Tax$7,567 Extended Project Expense$7,567 Explanation: To increase budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. CONSIDERATION OF RESOLUTION RECOGNIZING CASTLE HAYNE FIRE DEPARTMENT FOR 50 YEARS OF SERVICE TO THE CASTLE HAYNE COMMUNITY AND NEW HANOVER COUNTY Fire Chief Donnie Hall requested Chief Nick Bianco and members of the Castle Hayne Fire Department to come forward to be recognized. He said the Castle Hayne Volunteer Fire Department has continued to grow over the years to meet the ever increasing needs for emergency response in the event of fire, medical emergencies, rescues, and disasters of natural or man made causes. The department was the first to serve in a combination system implementing both volunteer staff and County career personnel in an ever increasing commitment to quality service. He read the proposed resolution and requested the Board to adopt the resolution recognizing the 50 years of service. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 344 Motion: Commissioner Pritchett MOVED, SECONDED by Vice Chairman Greer, to adopt the Resolution recognizing 50 years of service by the Castle Hayne Fire Department for the Castle Hayne community and New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 28.2. APPOINTMENTS TO THE TASK FORCE FOR PLANNING DEVELOPMENT ALONG U.S. HIGHWAY 17 BYPASS Chairman Davis reported that the Board established a task force to develop a vision for growth along the U.S. Highway 17 Bypass Corridor. The Task Force is to recommend a plan of development to the Board of Commissioners in July, 2003. Twenty applications have been received from persons interested in serving. The Commissioners are to appoint five members representing the community at large. The Planning Board will appoint two of its members to serve. County Manager O’Neal said the City has requested that the Transportation Planner for the County and City be a member of the Task Force. Planning Director Hayes reported that Mark Tinkler, Metropolitan Planning Organization (MPO) coordinator for the area, would serve as a non-voting member on the Task Force. The MPO position is jointly funded by the County and City, and Mr. Tinkler will provide a broad perspective of the area’s transportation needs. The Planning Board has appointed Frank Smith and David Garardot as its representatives on the Task Force. Chairman Davis asked for nominations to the Task Force. Commissioner Boseman nominated William J. Hart. The nomination did not receive a second. Commissioner Boseman nominated Scott Stewart. The nomination was seconded by Commissioner Pritchett. Commissioner Boseman nominated James W. Souders. The nomination was seconded by Chairman Davis. Commissioner Boseman nominated Ann Griffith. The nomination was seconded by Commissioner Pritchett. Commissioner Boseman nominated Robert Fullerton. The nomination was seconded by Vice Chairman Greer. Commissioner Caster nominated John R. Canada. The nomination was seconded by Vice Chairman Greer. Vice Chairman Greer nominated Emerson Whitted. The nomination was seconded by Commissioner Caster. Vice Chairman Greer nominated George Swart. The nomination was seconded by Commissioner Caster . Commissioner Caster nominated Andrew Koeppel. The nomination was seconded by Vice Chairman Greer. Vice Chairman Greer nominated Robert Mayo. The nomination did not receive a second. Vice Chairman Greer nominated Timothy Canady. The nomination did not receive a second. Chairman Davis nominated Paul Pozzi. The nomination was seconded by Commissioner Boseman. Vote : Upon casting of votes, the Commissioners voted as follows: Commissioner Caster and Vice Chairman Greer voted for John R. Canada. Commissioner Boseman, Commissioner Caster, Chairman Davis, Vice Chairman Greer, and Commissioner Pritchett voted for J. Robert Fullerton. Commissioner Boseman and Commissioner Pritchett voted for M. Ann Griffith. Commissioner Caster, Chairman Davis, and Vice Chairman Greer voted for Andrew Koeppel. Chairman Davis voted for Paul M. Pozzi. Commissioner Boseman, Chairman Davis, and Commissioner Pritchett voted for James W. Souders. Commissioner Boseman and Commissioner Pritchett voted for Scott Stewart. Commissioner Caster and Vice Chairman Greer voted for George Swart. Commissioner Boseman, Commissioner Caster, Chairman Davis, Vice Chairman Greer, and Commissioner Pritchett voted for Emerson Whitted. Chairman Davis reported that J. Robert Fullerton and Emerson Whitted received unanimous votes, while Andrew Koeppel and James W. Souders received majority votes. Upon first votes, J. Robert Fullerton, Emerson Whitted, Andrew Koeppel, and James W. Souders were appointed to the Task Force. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 345 Due to needing one more member, Chairman Davis requested the Board to re-vote on the nominations that had received a tie vote of two. Each Commissioner would have one vote. Upon the call to appoint John R. Canada, Commissioner Caster cast his vote. Upon the call to appoint M. Ann Griffith to the Task Force, Commissioner Boseman, Vice Chairman Greer, and Commissioner Pritchett cast votes. Upon receiving a majority vote, M. Ann Griffith was appointed as the fifth member. County Manager O’Neal stated that Planning Director Hayes will coordinate the meetings of the Task Force. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 5:50 P.M. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 6:00 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY ROBERTA LEE FOR A SPECIAL USE PERMIT TO PLACE A SINGLE-WIDE MOBILE HOME ON APPROXIMATELY 1.1 ACRES OF PROPERTY IN AN R-20 RESIDENTIAL ZONING DISTRICT LOCATED AT 1704 OAKLEY ROAD (S-491, 10/02 ) Chairman Davis opened the Public Hearing and announced that a Special Use Permit process requires a quasi- judicial hearing and any persons wishing to testify must step forward to be sworn in by the Deputy Clerk to the Board. The following persons were sworn in: Roberta Lee Dexter Hayes Planning Director Dexter Hayes showed maps and pictures of the property on Oakley Loop Road in the Castle Hayne area of the county. He pointed out an existing home on the property and explained that the mobile home will be on the east side of the property. He presented the following findings of facts: 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. A.The subject property is located within the Wrightsboro VFD. B.The site will be served by private well and septic. C.Access to the site is from an un-named private right-of-way on Oakley Road. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is located in an R-20 Residential Zoning District. Minimum setbacks for structures can be met. B. The mobile home will be located on a 1.1 acre parcel C. One other single family home exists on the property. 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. A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. The area has a rural character. C. There is a significant amount of vegetation screening the subject property from the neighboring lots. 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 for New Hanover County. A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. B. There is a mobile home subdivision nearby and several other mobile homes are located on similar properties in the area. Ms. Roberta Lee, the petitioner, confirmed that she agreed with staff findings. She stated that her mother will live in the mobile home on the property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 346 There being no further comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve the request by Roberta Lee for a Special Use Permit to place a single-wide mobile home on approximately 1.1 acres of property located at 1704 Oakley Road in an R-20 Residential Zoning District based upon the evidence 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 property 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 the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 17. PUBLIC HEARING TO CONSIDER A REQUEST BY HOWARD CAPPS FOR MATHEW DI GIOIA TO REZONE APPROXIMATELY 14.25 ACRES OF PROPERTY AT 4805 AND 4811 CAROLINA BEACH ROAD LOCATED AT THE WESTERN TERMINUS OF PINE HOLLOW DRIVE FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL (Z-750, 09/02) Chairman Davis opened the Public Hearing. Planning Director Dexter Hayes reported that the applicant is requesting a rezoning of two parcels of land totaling approximately 14.25 acres. Originally zoned in 1969, much of the area was used to raise livestock. Subsequently, this area has become one of the more densely developed areas of the County. The property is within the Urban Growth boundary and is classified as Developed by the New Hanover County Comprehensive Plan Update adopted in September 1999. Urban services are also available in the area. The R-10 Zoning classification allows 3.3 dwelling units per acre. The subject property is in close proximity to other properties being developed at densities greater than 3.3 units per acre. Adjacent and southeast of the subject property is Johnson Farm, which is being developed as a high density project at approximately 3.8 units per acre. Another nearby high-density multi-family project is being developed just northeast of the subject property at a density of 10.2 units per acre. There are also several multi-family high-density projects fronting St. Andrews Drive in the City. Policies of the Comprehensive Plan promote development within the Urban Services boundary where essential urban services exist. Density may exceed 2.5 units per acre within the Developed Land Classification. The Comprehensive Plan also supports providing affordable housing opportunities throughout the County. The proposed rezoning is consistent with the Comprehensive Plan, consistent with the surrounding development, and is in close proximity to urban services, therefore, Staff recommended approval. Planning Director Hayes reported that Howard Capps, the petitioner’s landscape architect, presented the rezoning request at the Planning Board meeting held on September 5, 2002. One person from Pine Hollow Drive asked the difference between R-15 Residential and R-10 Residential. Nobody spoke in opposition. The Planning Board recommended approval by a vote of 6-0. Mr. Howard Capps, representing the petitioner Matthew DiGioia, stated that R-15 is intended for low density residential development at 2.5 units per acre and it assumes that water and sewer are unavailable to the area. Since water and sewer are available, he requested the Board to rezone the property to R-10 Residential Zoning. There being no further comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the request by Matthew Di Gioia to rezone 14.25 acres of property at 4805 and 4811 Carolina Beach Road at the terminus of Pine Hollow Drive from R-15 Residential to R-10 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 6, 1969, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 1, Page 21. PUBLIC HEARING TO CONSIDER A REQUEST BY DESIGN SOLUTIONS FOR CAPORALETTI DEVELOPMENT, LLC TO REZONE APPROXIMATELY .36 ACRE ON THE NORTHERN CORNER OF DUNHILL LANE AND THE CAROLINA BEACH ROAD SERVICE ROAD FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-752, 09/02) Chairman Davis opened the Public Hearing. Planning Director Dexter Hayes stated that the petitioner is requesting a B-2 Highway Business Rezoning for the rear or western portion of a parcel which fronts on the Carolina Beach Road Service Road at Monkey Junction. This area of the County was originally zoned in April 1971. The B-2 Business Zoning designation ran parallel to the original right-of-way to a depth of 300 feet. As a result of development and transportation improvements in the area, additional right-of-way was acquired in the mid 1990’s to accommodate the service road, ultimately decreasing the depth of the B-2 District on the parcel to approximately 230 feet. This is the fourth request in four years to adjust the zoning lines along the Carolina Beach Road Service Road. In recent years, the Monkey Junction area has undergone a significant transformation from a small commercial node serving local residents to a larger and developing regional commercial center. Some of the properties along the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 347 service road have recently been developed or redeveloped. Having the zoning district boundary coincide with the zoning line on the parcel to the north makes logical sense. Approving the boundary change will result in a more coherent and consistent development pattern. Planning Director Hayes reported that Cindee Wolf, the petitioner’s landscape architect, presented the rezoning request at the Planning Board meeting held on September 5, 2002. No one spoke in opposition. The Planning Board agreed with staff findings and voted 6 to 0 to recommend approval. Ms. Cindee Wolfe, representing the petitioner Caporaletti Development, stated that the rezoning request is mostly a maintenance issue where the zoning line runs through an established lot under single ownership and they would like the entire lot to have the same zoning. There being no further comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve the request by Caporaletti Development, LLC to rezone approximately .36 acre located on the northern corner of Dunhill Lane and the Carolina Beach Road Service Road from R-15 Residential to B-2 Highway Business. 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. PUBLIC HEARING TO CONSIDER A REQUEST BY BILLY HENDERSON TO REVISE THE SPECIAL USE PERMIT PORTION OF AN EXISTING CD(O&I) CONDITIONAL USE OFFICE AND INSTITUTIONAL DISTRICT TO EXPAND SOME EXISTING STRUCTURES AND ALLOW A COMMERCIALLY OPERATED INDOOR/OUTDOOR RECREATIONAL FACILITY, AT 813 PINER ROAD (Z-593, 09/02) . Chairman Davis opened the Public Hearing and announced that a revision to the Conditional Use zoning requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Deputy Clerk to the Board. The following persons were sworn in: Dexter Hayes Billy Henderson Planning Director Dexter Hayes showed maps and pictures of the property located adjacent to the Myrtle Grove Middle School on Piner Road. The proposal by the applicant has three elements. 1) The applicant would like to include both existing structures in the Conditional Use zoning. Although the applicant has specific uses for both buildings, he would also like to be permitted for general O&I uses. 2) The applicant would like to reserve the opportunity to construct a 30’x30’ and a 30’x40’ addition to the buildings. 3) In addition the applicant would like to use the remainder of the property as a golf training center to teach the short game in golf. In March 1997, the subject property was rezoned Conditional Use Office and Institutional for a real estate office. Subsequent to that approval the conditional use district was revised in March 1998 to allow the entire range of uses that are permitted by right in the general O&I district. Both of these requests were approved by the Commissioners based on the site plan that showed that the proposed uses would be limited to the existing structure on the front of the property. Although all of the adjacent properties are zoned R-15 residential there are several institutional type uses surrounding or in close proximity to the subject property. Myrtle Grove Middle School which also has some softball fields is directly adjacent and east of the property. Southwest and across Piner Road is Myrtle Grove Presbyterian Church which is a large facility having ball fields and a school as well. Historically, the County has utilized the O&I Zoning District as a transition zone between competing land uses, such as commercial and residential. The conditional use rezoning allows the County to evaluate the design and scale of the project to ensure that it is compatible and in character with the surrounding land uses. The proposed uses are presented as low impact type uses that should be carefully monitored and controlled by the applicant. Staff supported the proposed addition of the Kumon Training Center and the golf school to the real estate office. However, Staff had some concern that the enlargement of the existing structure should not promote the expansion of O&I uses for the property. No one spoke in opposition to the request at the Planning Board meeting held on September 5, 2002. In order to ensure that the design and scale of the project remains compatible and in character with the surrounding land uses, the Planning Board recommended approval with three conditions: 1) The front building may be expanded as requested and used for the range of uses permitted in the general office and institutional district; 2) The rear building may be expanded as requested, however, the uses shall be restricted to the proposed golf school and a 2 person real estate office; 3) Additions to both buildings shall be of a similar height, character and exterior material as the existing buildings. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 348 Planning Director Dexter Hayes presented the following preliminary staff findings as revised from the 1997 findings: 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. A. The subject property is located within the Myrtle Grove VFD. B. The property has direct access to Piner Road, which is identified on the County Thoroughfare Classification Plan as a Collector Road. C. Both existing structures are served by individual wells and septic tanks. D. The site is not located in the 100 year floodplain. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site plan pursuant to the Zoning Ordinance has been submitted and all required conditions of the Ordinance can be met. B. Adequate area exists to accommodate required off-street parking. C. Signage and landscaping will meet the minimum requirements. 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. A. Property to the east is occupied by Myrtle Grove Middle School. B. Property to the southwest is occupied by Myrtle Grove Presbyterian Church. 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. A. There are a variety of land uses in the area, including several churches, a school, scattered residential development and a large commercial node at Monkey Junction. B. The site is classified as Resource Protection by the New Hanover County Comprehensive Plan. Its purpose is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Chairman Davis asked the if the request was consistent with the Land Use Plan. Planning Director Hayes responded that the zoning was established, but additional non-residential zoning along Piner Road may not be best for the residential area. Planning Staff felt that uses should be limited to the Conditional Use O&I and the facility should be scaled back to be consistent with the schools and church along the corridor. Staff did not support the O&I zoning, but they were trying to mitigate the expansion and uses that Mr. Henderson wanted. With the proposed limitations, the revision will still be in keeping with the existing schools. Mr. Billy Henderson, the petitioner and property owner, said the recreational ballfields of the middle school and church school were compatible with what he was wanting to do on his 3.88 acres. The property was approved for the Kumon Math and Reading Center, but he wanted to use the back portion of this property for a golf training center for students age 12 through high school. He told of his granddaughter who received an $80,000 golf scholarship to attend Wingate University and a grandson who was the top player at Hoggard for 4 years. He spoke of this desire to offer an alternative sport for students who were unable to compete in football, basketball, or baseball in order to build their self- esteem. Mr. Henderson stated that he wanted to add a classroom for the Kumon Center and use a rear addition for the golf training center. Although County sewer is 200 feet away from his property, he is unable to connect because a neighbor will not allow him access across his property. The sewer system is also available at another point in the rear of his property across the ball park. However, he has two permits from the Health Department to install a 900 gallon holding tank and pump station. Mr. Henderson asked that he be allowed to have as broad a range of uses for the rear building as he has for the front building. He complained that the rear building was limited to his wife’s real estate office with one other agent and the golf teaching center. In showing pictures of the area, he pointed out that the well-lighted ballfields and bus loading zones of Myrtle Grove School were incompatible with residential use of his property. The surrounding property owners, Evelyn Rogers, Frances Smith and her son, and the coaches at the school, did not object to the proposed uses. Mr. Henderson agreed with Staff’s findings, but he again requested to have the same O&I uses for the rear building as approved for the front building. He wanted some flexibility in selling the property in case the school failed or his wife retired from her real estate business. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 349 Vice Chairman Greer asked Mr. Henderson how he can offer the golf lessons at 20% of current prices as stated in the backup information. Mr. Henderson replied that he will be spending $250,000 to construct the golf center. A golf professional will charge $30 to $35 to work with a student for 30 to 45 minutes, but he will charge $4 or $5 an hour for 8 hours of classroom instructions and 8 hours of field instructions plus two full games of golf on his golf course. Money received will pay for the golf professionals, administrative staff, and maintenance of the property. Some grant funding may be available from the public school system for students who cannot afford lessons. Commissioner Caster asked why a limit of two real estate agents was placed on the building. Walter Conlogue, a Planning Board member, replied that the Planning Board wanted to limit commercial activities along Piner Road since a commercial hub was located 1/4 mile away at Monkey Junction. They were also trying to limit the uses to the size of the current structure. Mr. Henderson had stated that his wife had one person working with her in the real estate office. He did not think the Planning Board would have a problem in adding more agents to the conditions; however, the Planning Board did not want to open up the rear property for every O&I use. Planning Director Hayes reiterated that Mr. Henderson could use the front of the property for any O&I use, but staff felt the rear building could still be used for residential purposes. In trying to limit the types of uses, the Planning Board agreed that a golf training center and real estate office were adapted uses for the rear property. In discussion about increasing the number of real estate agents from 2 to 4 people, Planning Director Hayes responded that a small change in the number of agents would not have a drastic impact. Mr. Henderson responded that he did not understand why he could not use the rear building for more than the two uses, when O&I property at Monkey Junction has a density of 10 buildings on the same size lot. However, he agreed to go with the Board’s decision. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the revision of the Special Use Permit portion of the existing Conditional Use/Office and Institutional District to expand some existing structures and allow a commercially operated indoor/outdoor recreational facility with incorporation of the Planning Board’s revised conditions ensuring that the revision does not promote expansion of the Office and Institutional uses of the property and changing the limit on the number of people in the real estate office from two to four. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 17. PUBLIC HEARING TO CONSIDER REQUEST BY LONG LEAF WOOD PRODUCTS TO REZONE THE REMAINDER OF A 10.70 ACRE PARCEL LOCATED AT 2829 NORTH KERR AVENUE FROM AR AIRPORT RESIDENTIAL TO A-I AIRPORT INDUSTRIAL (Z-749) AND FOR A SPECIAL USE PERMIT TO OPERATE A RECYCLING CENTER FOR PROCESSING VEGETATIVE DEBRIS AT 2829 NORTH KERR AVENUE IN AN A-I AIRPORT INDUSTRIAL DISTRICT (S-487, 09/02) Chairman Davis opened the Public Hearing for a two-part request for a rezoning and special use permit. He announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Deputy Clerk to the Board. The following persons were sworn in: Dexter Hayes Brian Hutchison Planning Director Dexter Hayes stated that the land classification for the area is Urban Transition which is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The property is located on the south side of North Kerr Avenue in close proximity to the Airport. The Airport Zoning District was established in 1976 to minimize potential hazards from aircraft operations. The AI Airport Industrial District encourages indoor manufacturing and distributive type operations that are compatible with airport facilities in sufficiently close proximity to rails and major roads. This AI District is primarily occupied by building and special trade contractors, auto repair services, and a variety of commercial service type businesses. The greatest concern with this proposal is ensuring the protection of the residents along Acorn Branch Road to the south. The buffering requirements of the Zoning Ordinance are sufficient to protect Residential Districts from commercial and industrial uses. In addition the applicant is the current owner of the parcel adjacent and directly south of the subject parcel. The existing zoning line was established without regard to property ownership or property boundaries, which created split zoning on several tracts of land. Changing the zoning district boundary to coincide with the property line as requested is logical. The rezoning request is compatible with the Airport and is consistent with the Comprehensive Land Use Plan. Planning Director Hayes reported that the petitioner presented his request to rezone the remainder of a 10.70 acre parcel located at 2829 North Kerr Avenue, from AR Airport Residential to A-1 Airport Industrial at the Planning Board meeting held on September 5, 2002. No one spoke in opposition. The Director of Engineering and Facilities at the Airport contacted Planning Staff by telephone to say that the Airport Authority had no objections to the rezoning. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 350 Planning Staff had recommended approval to the Planning Board. By a vote of 6-0 the Planning Board recommended approval of the rezoning. Planning Director Hayes reported that the petitioner also requested approval of a Special Use Permit to operate a Vegetative Recycling Processing Facility in the Airport Industrial District. No one spoke in opposition. The Airport Authority had no objections to the proposed use and the Planning Board recommended approval by a vote of 6-0. 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. A.The subject property is located within the Wrightsboro VFD. B.Access to the site is through a 60-foot-wide private access easement from North Kerr Avenue. C.The proposed vegetative debris grinder will be on site on a temporary and intermittent basis. The applicant has applicable State permits to stockpile 6,000 cubic yards of vegetative debris. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A.The site is located in an A-I Airport Industrial Zoning District. Recycling processing facilities are permitted by Special Use Permit within A-I Airport Industrial Districts. B.Minimum setback for the facility and its appurtenant uses is 150 feet from residential property lines. C.Other setbacks, landscaping and buffering shall be in accordance with Sections 69.11 and Section 67 of the Zoning Ordinance. D.The facility shall not emit dust, smoke fumes or vibrations detectable on adjacent properties. 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. A.No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B.There are several vacant properties nearby. Generally the land use in the surrounding area is industrial and agricultural. 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. A.The site is classified as Urban Transition by the New Hanover County Comprehensive Plan. The purpose of the Urban Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. B.Other industrial uses are located nearby. Chairman Davis called for a motion on the rezoning request. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to rezone the remainder of a 10.70 acre parcel located at 2829 North Kerr Avenue from AR Airport Residential to A-1 Airport Industrial. Upon vote, the . MOTION CARRIED UNANIMOUSLY A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE AIRPORT ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 4, 1976, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Airport Section, Page 16. Chairman Davis asked Mr. Hutchison if he concurred with staff’s findings of fact. Mr. Brian Hutchison, the property owner, stated that he concurred with the findings of fact as presented. He commented that the current uses on the property were in support of his business, but they were not using the property to its full potential. Since the northern part of the county was in need of a vegetative debris recycling facility and his landscape and nursery business often required those services, he wanted to see if it would be beneficial to market the recycled materials. He plans to provide a place for people to dump yard waste and to sell the recycled materials to paper mills. In response to questions about noise from the tub grinder, Mr. Hutchison responded that no homes are close to the proposed location for the grinding operation. A residential area is 400 to 500 feet away from his property. The tub grinder will be used intermittently after stockpiling up to 6,000 cubic yards of vegetative debris on the property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 351 Noise levels will be limited to a minimum because the machinery will not operate on a full-time basis. He may also make mulch and compost for resale depending on the market. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve the request by Long Leaf Wood Products for a Special Use Permit to operate a vegetative recycling processing facility in an Airport Industrial District based upon the evidence 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 property 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 the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 17. BREAK Chairman Davis called a break at 7:05 P.M. until 7:15 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY COMSCAPE TELECOMMUNICATIONS FOR A SPECIAL USE PERMIT TO LOCATE A 106 FOOT TOWER IN AN R-15 RESIDENTIAL DISTRICT LOCATED AT 4510 SOUTH COLLEGE ROAD BEHIND THE ARAB SHRINE CLUB(S-488, 09/02) Chairman Davis opened the Public Hearing and announced that the special use permit process requires a quasi- judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Deputy Clerk to the Board. The following persons were sworn in: Janet Donahoe Irwin Frenson Dexter Hayes Tom Johnson Ghanshyam Patel Jerry Rockow Robert Watts Planning Director Dexter Hayes showed maps and pictures of the area off South College Road. He reported that the petitioner’s attorney, Thomas Johnson, presented the request to erect a 106 foot telecommunication tower in an R-15 Residential District at the Planning Board meeting held on September 5, 2002. Mr. Johnson presented a booklet and slides showing views of the proposed tower from adjacent properties. One adjacent neighbor from Pine Hollow Drive spoke in opposition to the request. There was discussion about the impacts that towers have on communities and the future of the cellular services. One Board member was adamantly opposed to allowing the tower in the proposed location, however, other members felt that the addition of fencing, landscaping and buffering at the base would mitigate the impact on the adjacent neighbors. By a vote of 5-1 the Planning Board recommended approval with the condition that aesthetic fencing and vegetative material shall be used in the buffer. Planning Director Hayes entered the following findings of fact 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. A.The subject property is located within the Myrtle Grove VFD. B.Access to the site is from Jasmine Cove Way, which is a signalized intersection on South College Road. C.The tower will be used to facilitate a start-up cellular service business and to provide 911 service to its customers. D.The tower is located at least a minimum distance equal to the height of the tower from the nearest residential dwelling. E.The structure has a 110 mph wind rating. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A.The site is located in an R-15 Residential Zoning District. Communication facilities, including towers, are permitted by Special Use Permit within Residential Zoning Districts. B.Minimum setbacks and buffering can be accommodated. 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 352 A.No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B.Additional cellular service is important in emergency situations. 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. A.The site is classified as Developed by the New Hanover County Comprehensive Plan. 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.There is a concentration of commercial development to the north and south and higher density residential subdivisions in the area, which tends to increase the demand for cellular related services. Planning Director Hayes stated that the petitioner provided information about the facilities and a detailed plan showing the structure, height and location of the facility, and tower platform on the property. Towers are permitted all over the county subject to the Special Use Permit request. The Board will need to determine if the location and proximity to other existing land uses have an impact on or would be detrimental to the neighborhood. Chairman Davis asked the petitioner to speak. Mr. Tom Johnson, representing ComScape Telecommunications, Inc., stated that ComScape will be operating in the area as a Kiwi PCS, which is somewhat different from other wireless carriers in the area. ComScape, a local company, is desiring to provide a service that can be substituted for regular wire-line phone service in the home. It is offered at $35.00 a month with unlimited local service and long distance service charges consistent with normal long distance carriers. Kiwi will provide 911 service with enhanced GPS built into the handset so that a person can be located quickly in the event of an emergency. As wireless phones have become increasingly used in society and the community, the issue will be to incorporate the new service within the service area. ComScape has looked for the best locations that would provide the optimum coverage. Shifting a site can adversely affect the overall service area. ComScape was unable to co-locate on towers in the Monkey Junction area because the towers were full or unable to accommodate their height requirement of 100 feet. Chairman Davis asked if Comscape had requested to co-locate their service with Alltel and US Cellular in the Monkey Junction area. Mr. Johnson responded that US Cellular does not have space available over 90 feet on its tower and Alltel does not have structural capacity on its tower to hold another antennae. Placing an antennae on the water tower in Veterans Park will not provide the coverage they need. ComScape had looked in other areas off College Road, but their proposals were rejected or the property owners were not interested. Some CP&L poles are tall enough, but CP&L only allows its personnel to work on its properties. ComScape will need to respond immediately to any outage of service because people will be depending on it for emergency service. Kiwi will not have sufficient strength in coverage to overlap areas if service goes down and its towers will need to be closer together to provide equivalent service throughout the area. A typical Kiwi user will use 1200 minutes a month, while other cellular customers use 400 minutes. Mr. Johnson showed pictures of the temporary tower from the neighborhood and views of large power poles behind the neighborhood. The poles at the CP&L substation are at the same height as the proposed tower, but they have large connecting power lines. Mr. Jerry Rockow, Director of Business Development for ComScape Telecommunications, explained that the pictures of the temporary tower showed it was 70 feet from the property line on the Arab Shrine Club property and every effort was made to place the tower in the least conspicuous place. The proposed area behind the Arab Shrine Club is almost encompassed with trees, and the building will provide some buffer. He said that ComScape did not want to offend any of the neighbors, but felt the location was very harmonious. Mr. Johnson stated that wireless service is becoming a public necessity as a replacement for local telephone service. He pointed out that the CP&L substation was at that location long before homes were built in the area, which did not seem to deter people from moving into the neighborhood. The proposed 106-foot tower would not have the same impact as the 200-foot towers at Monkey Junction because the tower will be placed in an area between the trees and the residential areas. Mr. Johnson stated that ComScape agreed with staff findings and the Planning Board’s recommendation to provide fencing and vegetation to cover up the base of the tower. He submitted into evidence the pictures of the service area and an affidavit showing ComScape’s attempts to co-locate its antennae. Mr. Ghany Patel, the President of ComScape, was present to respond to questions. Mr. Ty Watts, of Watts Marketing, a local advertising firm, spoke in support of the issuance of the Special Use Permit to ComScape Telecommunications. He said that ComScape will provide a positive economic impact to the community and will benefit consumers by providing a wireless service with unlimited minutes at a flat rate of $35 a month. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 353 Janet Donahoe, a resident of 4624 Pine Hallow Drive of Johnson Farm Subdivision, spoke in opposition of locating the 106-foot communication tower in the residential community and she presented a petition from the residents of Johnson Farm. She stated that the pictures shown by ComScape were deceiving and do not show what she sees from her back yard. Because powers poles and the CP&L substation were on one side of the subdivision, the neighborhood did not want a tower on the other side. She asked what would stop other communication companies from requesting other towers beside ComScape. If ComScape leases antennae space to other companies, the view will be even worse. Although the proposed tower may not look as big as the two towers at Monkey Junction, it will have the same scale in her backyard. CP&L had told her that they gave ComScape some options in placing the antennae on other poles along South College Road. BellSouth is satisfied with its antennae on top of CP&L pole near Samsara Subdivision. Ms. Donahoe expressed concern that she and her neighbors would be unable to sell their properties with towers on both sides of the street. She requested the Board to not allow the tower to be located in the neighborhood. When storms knock out utilities such as electric, water, or phone services, everybody works quickly to restore them. Vice Chairman Greer asked if the neighborhood would accept having the tower in the neighborhood if were located further away from view. Ms. Donahoe responded that it would be better if the tower was further back. Although the trees mostly block the view from the neighborhood, she has a clear view of the tower from her back yard. She expressed concerned that the tower could fall on her house during a storm or hurricane. Mr. Erwin Frenson, president of homeowners association of Jasmine Cove Way, stated that the tower location is within 50 feet of his property. A walking trail for the community is behind the neighborhood, and the tower would not blend in with the residential and park setting. He requested the Board to allow the residential area to stay as it is and to move the tower to the commercial areas one mile north or south of the residential area. Mr. Johnson responded that they had met the setbacks of the County and the engineering standards of the State. ComScape would be willing to ask the Arab Shrine Club if the tower could be moved further away from Ms. Donahoe’s property line, but they did not want to use CP&L poles unless they were allowed on the property to restore service when needed. Another concern in using the power poles would be that ComScape would have to contract with each property owner for an easement to store equipment on the ground next to the power poles. Mr. Johnson noted that nothing had been provided to show that the tower would have an impact on property values in the neighborhoods. ComScape desires to be a good neighbor, but they need a site that is convenient to provide service to the residential areas. He requested the Board to approve the Special Use Permit so that they can provide a vital public service at an affordable price. Commissioner Caster suggested that ComScape meet with the Arab Shrine Club and the neighbors to see if another location could be found that would be further away from the homes. Mr. Rockow replied that ComScape would be willing to discuss moving the tower to the best visual advantage of all the neighbors, but the Arab Shrine Club may not allow them to move the tower to another location on their property. The current site is covered by trees. Mr. Johnson responded that the proposed location does meet the setbacks established by the County and the tower should not hit any property if it was knocked down in a storm. However, ComScape would be willing to move the tower further back for more safety. Landscaping will cover the base of the tower as recommended by the Planning Board. Chairman Davis asked Ms. Donahoe if changing the site of the tower would be more acceptable to her and the neighbors. Ms. Donahoe responded that the tower would have a negative impact on her neighborhood and they did not want another tower near the community. Mr. Frenson responded that he did not want another tower in the area. He reported that Bill West, the vice- president of the Jasmine Cove homeowners association, was present and he opposed having the tower in the area. Commissioner Caster commented that he felt a compromise could be worked out between the Shrine Club, ComScape and the neighbors to everybody’s satisfaction. Because wireless service is the technology of the future, he urged the parties to meet and discuss the issues. Mr. Johnson responded that ComScape had reached an impasse with the neighbors in prior discussions. Planning Director Hayes responded that Planning Staff could propose additional setbacks and give some flexibility if the tree line is honored and the site is moved back to the tree line. A tree canopy around the tower would provide the best screen for the neighbors and the tower would not be visible at all. Chairman Davis informed Mr. Johnson that if the Board denied this request, Comscape could come back with another location. Planning Director Hayes agreed but said the request would have to be modified significantly from this request. He also pointed out that towers do not have to be lighted at 106 feet tall. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 354 In further discussion, some of the Commissioners felt that unless ComScape proposed a location that is acceptable to the neighbors, they would not be willing to approve the Special Use Permit. Mr. Johnson requested to bring the proposal back to the Board at next month’s meeting to see if ComScape could work out another location with the Arab Shrine Club and the neighbors. Although he could not guarantee an agreement would be made to everybody’s satisfaction, Comscape would be willing to try. Chairman Davis informed Mr. Johnson that if the request is continued until next month’s meeting, the Board will not hear the full proposal again, but it would consider and vote on any agreement reached between the Arab Shrine Club and the neighbors. Mr. Johnson understood that at the next meeting, the Commissioners would just address the issue of the location of the tower. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to continue the request for the Special Use Permit until November 12, 2002, to allow ComScape an opportunity to negotiate with the Arab Shrine Club and the neighbors to find a better site for the communication tower on the property. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST BY COMSCAPE TELECOMMUNICATIONS, INC. TO LOCATE A TEMPORARY 106-FOOT TOWER AT 823 ROSCOE FREEMAN AVENUE, IN THE SEABREEZE COMMUNITY IN AN R-15 RESIDENTIAL DISTRICT (S-489, 09/02) Chairman Davis opened the Public Hearing and stated that the special use process requires a quasi-judicial hearing; therefore, any person wishing to testify must step forward to be sworn in by the Deputy Clerk to the Board. The following persons were sworn in: Dexter Hayes Tom Johnson Ghanshyam Patel Jerry Rockow Robert Watts Planning Director Dexter Hayes presented maps and pictures of the area. He reported that the petitioner’s attorney, Thomas Johnson, presented the request to erect a temporary 106-foot telecommunication tower in an R-15 Residential District located at 823 Roscoe Freeman Avenue in the Seabreeze Community at the Planning Board meeting held on September 5, 2002. One neighbor asked the petitioner several questions about the temporary tower. After some discussion about how long the tower would be at this location, the Planning Board voted 6-0 to recommend approval with the condition that the tower shall only remain at this location for a maximum of 6 months. 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. A. The subject property is located within the Federal Point VFD. B.Access to the site is from Roscoe Freeman Avenue, an unimproved dirt road in the Seabreeze Community. C.The tower will be used to facilitate a start-up cellular service business to provide 911 service to its customers. D.The tower is located at least a minimum distance equal to the height of the tower from the nearest residential dwelling. E.The structure has a 110 mph wind rating. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A.The site is located in an R-15 Residential Zoning District. Communication facilities including towers, are permitted by Special Use Permit within Residential Zoning Districts. B. Minimum setbacks and buffering can be accommodated. 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. A.No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B.Additional cellular service is important in emergency situations. C.The proposed tower is intended to be a temporary structure until other sites can be utilized. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 355 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. A.The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. B.The area is not appropriate for a permanent site. Chairman Davis asked Mr. Johnson if he understood that the Special Use Permit if approved would be for only six months. Mr. Tom Johnson, representing ComScape Telecommunications, Inc., stated he realized the permit would be for six months and he concurred with staff findings. He said that the property owners of the adjacent property did not object to the Special Use Permit since it was for six months. Chairman Davis asked if other persons sworn in would like to testify. There being no other comments, Chairman Davis closed the Public Hearing and called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to grant a Special Use Permit to ComScape Telecommunications, Inc. to locate a temporary 106-foot tower at 823 Roscoe Freeman Avenue in the Seabreeze Community for not more than six months, based upon the evidence 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 property 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 the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 17. 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. ADDITIONAL ITEMS Discussion of Task Force to Study Planning Issues Along Carolina Beach Road, South of Monkey Junction Commissioner Pritchett expressed a desire to establish a task force to look at development along Carolina Beach Road, south of Monkey Junction. Planning Director Hayes responded that staff is working with two large developments planned for the area between Monkey Junction and Sanders Road. One is a large residential project and the other is a combination commercial office and residential project and both are well underway into the preliminary design stages. He reported that the developers have hired traffic engineers to perform a traffic impact study. Staff has required that the study area include the traffic signals at Lowe’s and Walmart on Carolina Beach Road and South College Road because of the impact on traffic flows to the areas south of Monkey Junction. The projects should be presented to the Planning Board in the next two to three months and the Commissioners should see the proposed projects after the first of the year. Commissioner Boseman commented that she had hoped the Planning Board would perform such planning studies since the members are not working as the TRC. She asked if the Planning Board would be willing to address future planning issues with input from citizens. Mr. Walter Conlogue, a Planning Board member, spoke on the Planning Board’s commitment to address development concerns along the corridor of the U. S. Highway 17 Bypass. The Task Force will be helpful to the Planning Board in working on this corridor. The Planning Board should be ready to address the Commissioners concerns of the Carolina Beach Road in 60 to 90 days. Commissioner Pritchett stated that she will depend on the Planning Board to keep an eye on the Carolina Beach Road area for now and she would table her request until after the first of the year. Discussion of Tidal Creek Watershed Management Advisory Board Commissioner Caster reported that the County had closed on the purchase of the Peterson property along Middle Sound Loop Road using the Tidal Creek grant funds as approved by the Commissioners. Also, Scott McClemmons, a Tidal Creek Advisory Board member representing the Corps of Engineers, was transferred from the Wilmington area and another representative will need to be appointed. Mr. McClemmons had recommended Angie Pennock to replace him as the Corps representative. He will place the appointment of Ms. Pennock on the Consent Agenda for the next Board meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, OCTOBER 7, 2002 PAGE 356 Presentation of Tee-Shirt from the Domestic Violence Shelter and Services Commissioner Caster reported that the Domestic Violence Shelter was celebrating its 25 years of service to the community on October 3, 2002. At the unveiling of the mural painted on the wall of the Vintage Values Store, he was presented a tee-shirt on behalf of the County. He requested that the tee-shirt, which has a replica of the mural on the front, be given to the Cape Fear Museum for its collection. Commissioner Caster also reported that Mary Ann Lama, the Director of the Domestic Violence Shelter, expressed appreciation to County employees for the $5,000 donation in memory of Gladys Bryant. Commissioner Boseman encouraged everyone to give their old business suits to the Vintage Value Store in support of the Domestic Violence Shelter organization. Both men and women suits are needed by those who cannot afford to buy new clothing for jobs or job interviews. Discussion of Naming a Park Area in Honor of Petty Officer Halyburton Commissioner Caster reported that a group is meeting with Wilbur Jones to determine a way of honoring Petty Officer Haliburton, a Medal of Honor recipient from New Hanover County. He also noted that a memo from the Parks & Recreation Board has recommended that Veterans Park Road be named for Petty Officer Halyburton. Chairman Davis reported that Ed Higgins, Chairman of the Board of Education, has written the County to say that the Schools will be naming one of their future buildings after Petty Officer Halyburton. Discussion of Study to Address Flooding Problem in NorthChase Commissioner Caster reported that Gregg Walker of Cape Fear Resource Conservation and Development Board is working with people in NorthChase to address the flooding concerns in the area. It is hoped that grant funds will pay for permanent retention ponds to drain off the properties. Discussion of Traffic Concerns in the Monkey Junction Area Commissioner Boseman reported that Allen Pope, NCDOT Division Manager and Mark Tinkler, MPO Coordinator for the County, will meet on October 15, 2002, to work on plans for the Monkey Junction intersection. The County is currently collecting and holding impact fees to address improvements to the intersection. MEETING CONVENED FROM REGULAR SESSION TO HOLD A CLOSED SESSION Chairman Davis requested a motion to convene to Closed Session pursuant to N.C.G.S. 143-318.11(5)(i) to discuss the acquisition of real estate as well as N.C.G.S. 143-318.11(3) to consult with counsel regarding a pending legal matter. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to convene to Closed Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 8:50 P.M. Chairman Davis reconvened to Regular Session at 9:05 P.M. He reported that there was no action taken by the Board during the Closed Session and Staff was instructed to continue negotiations concerning the acquisition of real properties. ADDITIONAL ITEM Discussion of Legislative Goals Vice Chairman Greer reported that the NCACC will hold a Legislative Goals Conference with the legislators in January. He requested the Board to consider submitting a resolution concerning the inequity of funding that County governments receive from the State for housing of State prisoners in local jails. The State spends $65.00 a day to house a prisoner, but only reimburses Counties $29 a day. He requested the Board to adopt a goal to send to the NCACC to ask the State to give County governments a proper amount. County Manager O’Neal responded that he would prepare a resolution for the Board to consider at its next meeting or the first meeting in November. In a brief discussion, the Board agreed that the resolution should include the costs that County governments incur in dealing with the judicial system and the disparity in the State reimbursement. ADJOURNMENT Chairman Davis called for a motion to adjourn. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:10 P.M. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the Board