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HomeMy WebLinkAbout2000-07-10 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 31 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 10, 2000, at 6:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman William A. Caster, presiding; Vice-Chairman Robert G. Greer; Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner Charles R. Howell; and County Manager, Allen O’Neal; County Attorney Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items or comments were received. APPROVAL OF CONSENT AGENDA Chairman Caster announced that Staff has requested discussion of Consent Agenda Item 8 during the regular meeting. Commissioner Davis requested further discussion of Consent Agenda Item 6. Vice-Chairman Greer requested further discussion of Consent Agenda Items 9 and 11. Discussion of Consent Agenda item 6, Naming of Library Conference Room at the Northeast Regional Library Commissioner Davis referenced the plaque in honor of the Smith Richardson Foundation contribution to the Northeast Regional Library and the donation of $60,000 in memory of Ms. Alma Watkins, and he asked if the County would be setting a precedent by naming a room after a person in lieu of a plaque when taxpayer dollars are being used to construct the buildings. County Manager O’Neal responded that a precedent was not being set and advised that specific spaces or rooms are named after groups or people who have donated to the Cape Fear Museum and other county owned building. Commissioner Davis emphasized the importance of everyone understanding how much he appreciated the donations, but stated he wanted to be sure that a precedent was not being set. Discussion of Consent Agenda Item 9, Authorization for the Planning Department to File a Waterfront Access Grant Application to Provide Water Access Along the Northern side of Howe Creek Vice-Chairman Greer noted that when the application was first presented to the Board, the Commissioners were informed that a Public Hearing would be held before accepting the grant to provide water access at 2639 Middle Sound Loop Road to be sure there was no opposition from neighboring communities. He asked if the Public Hearing had been held. Planning Director Hayes referenced this item being placed on the agenda for the second time, and stated at the first meeting, the request was to file a pre-application to the N. C. Public Beach and Coastal Water Access Program to see if the State would be interested in considering the project. Within the last two weeks, the State has contacted the Planning Department and is looking favorably upon the project. He stated that the Board could hold a Public Hearing this evening. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 32 Chairman Caster expressed concern for this item being listed on the Consent Agenda and stated that a Public Hearing should be placed on the Regular Agenda. Vice-Chairman Greer asked if the neighbors were aware of the water access location. Planning Director Hayes responded that surrounding neighbors were contacted about the proposed project with no opposition expressed. The water access will be a limited neighborhood water access facility on a small piece of property to accommodate residents in the area. He explained that if Staff is authorized to submit a formal application, there is no assurance that New Hanover County will receive the grant award. Vice-Chairman Greer stated that he was not opposed to the project, but he wanted to be sure the neighbors were aware of the proposed water access. Discussion of Consent Agenda Item 11, Authorization for the Department of Aging to File a Grant Application for the Senior Companion Program Vice-Chairman Greer referenced the cash match of $10,000 being removed from the contingency fund and he asked why the balance of the contingency account was not listed on the agenda sheet. County Manager O’Neal assured the Board that the contingency account figure would be recorded on future agenda items. Chairman Caster called for a motion to approve the Consent Agenda. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer, to remove Consent Agenda Item 8 and approve the remaining items 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 MeetingJune 5, 2000 Special Budget MeetingJune 14, 1000 Board of Equalization & ReviewJune 5, 2000 Board of Equalization & ReviewJune 19, 2000 Approval of Membership Renewal in the North Carolina Shore and Beach Preservation Association The Commissioners approved a request by the North Carolina Shore and Beach Preservation Association (NCSBPA) to renew its membership for FY2000-2001 at a cost of $1,000. Sale of 42.6 Acres of County Property Located Off Division Drive to the N. C. Department of Transportation The Commissioners approved the sale of 42.6 acres of County property off Division Drive (Old County Farm) to the N. C. Department of Transportation in the amount of $570,813. The property will be used for the Smith Creek Parkway project. Approximately 23.75 acres will be maintained as wetlands by the State, and the Sheriff will lose the department’s firing range approximately 90-120 days after the sale is finalized. The Chairman was authorized to execute the deed and other closing papers. Adoption of Resolution Authorizing the Sale of the County’s Interest in a Parcel Acquired Through an Execution Sale The Commissioners adopted a resolution authorizing the sale of the County’s interest in a parcel jointly owned by the City and County to Mr. Richard Allen. The lot is identified as 808 Russell NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 33 Avenue (Tax Parcel No. 31-271541151000) and the County’s portion of the sale proceeds shall be $116.43. The City has adopted a parallel resolution. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book, XXVI, Page 12. Acceptance of Smith Richardson Foundation Gift for Construction of a Memorial Plaza to the Northeast Regional Library and Approval of Associated Budget Amendment #2001-01 The Commissioners accepted the contribution from the Smith Richardson Foundation in the amount of $75,000 and approved the associated budget amendment to construct a Memorial Plaza, including a canopy, at the Northeast Regional Library. The plaza is to include a plaque in honor of H. Smith Richardson, Jr. Budget Amendment #2001-01 - Northeast Regional Library ADJUSTMENTDEBITCREDIT Contribution from Friends of the library$75,000 Capital Project Expense$75,000 Explanation: To increase the budget for contribution of $75,000 from the Friends of the Library. They have received a grant for this amount from the Smith Richardson Foundation for completion of the plaza area. Approval of Naming the Small Conference Room at Northeast Branch Library The Commissioners approved naming the small conference room at the Northeast Regional Library in memory of Alma Watkins, who was a long-time volunteer at the library. A donation of $60,000 was presented to the Friends of the Library during its fund-raising campaign. Adoption of Resolution Approving Contract #00-0360 with Pierce Manufacturing, Inc. to Purchase a Pumper Truck for Ogden Volunteer Fire Department and Approval of Associated Budget Amendment #01-0003 The Commissioners adopted a resolution approving Contract #00-0360 with Pierce Manufacturing in the amount of $235,064 for purchase of a pumper truck for the Ogden Volunteer Fire Department pursuant to N.C.G.S. 143-129 under the piggyback option with the City of Rutherfordton, N. C. The Commissioners also approved the following associated budget amendment: Budget Amendment #01-0003 - Fire Services Administration/Fire Departments ADJUSTMENTDEBITCREDIT Special Fire District: Fire Services Admin./Fire Departments: Appropriated Fund Balance$250,000 Motor Vehicle Purchases$250,000 Explanation: To rollover funds for the purchase of a fire truck which was originally budgeted in FY 1999-2000 but will be purchased in FY 2000- 2001. Authorization for the Planning Department to File a Formal Grant Application to the Division of Coastal Management Clean Water Management Trust Fund for a Waterfront Access at 2639 Middle Sound Loop Road The Commissioners authorized the Planning Department to file a formal grant application to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 34 the Division of Coastal Management, Clean Water Management Trust Fund to place a waterfront access along the northern side of Howe Creek at 2639 Middle Sound Loop Road. A grant pre- application was authorized by the Board on April 17, 2000. Land acquisition costs are estimated at $370,000, with funding of $75,000 from New Hanover County, $100,000 from the Clean Water Trust Fund Program and $100,000 from the State CAMA. A private property owner easement deduction worth $95,000 will also be included. The County’s contribution of $75,000 is not currently budgeted. If the grant is awarded, it will provide a much needed access to the area. The land is one of the last remaining vacant waterfront parcels, and the site could provide pedestrian access, canoe/kayak landing, and limited parking. No boat ramp is proposed, and the site will provide for water quality protection and enhancement through the preservation of the on-site wetland area and treatment of storm water runoff. Approval of Retired Senior Volunteer Program (RSVP) Grant for FY2000-2001 The Commissioners approved a Retired Senior Program (RSVP) Grant for FY2000-2001. The Department of Aging has been awarded a grant in the amount of $52,448 for FY2000-2001 with a County match of $47,086, which has been included in the RSVP’s 2001 budget. The grant supports funding for 600 volunteers working in New Hanover County, and this is the first award of a 3-year cycle. Authorization for the Department of Aging to Submit a Grant Application to the Corporation for National Service The Commissioners authorized the Department of Aging to submit a grant application in the amount of $153,988 to the Corporation of National Service to implement a Senior Companion Program in New Hanover County. The County match will be $10,300, which will have to be removed from contingencies if the grant is awarded. The funds will be used to pay a stipend to 40 low income senior volunteers in exchange for services to approximately 200 elderly clients who are in need of assistance and are currently unserved. Authorization for the Juvenile Crime Prevention Council to File a Grant Application with the Substance Abuse and Mental Health Service Administration to Develop a Strategic Plan The Commissioners authorized the Juvenile Crime Prevention Council to submit a grant application to the Substance Abuse and Mental Health Services Administration to secure funds to develop a strategic plan for insuring that needed programs to fight juvenile delinquency are available in our community as required by the North Carolina General Statutes. No County funds are required. Authorization for the New Hanover Regional Medical Center to Lease Space in the Medical Mall to the Coastal Area Health Education Center The Commissioners authorized New Hanover Regional Medical Center to lease 6,324 square feet at the Medical Mall to the Coastal Area Health Education Center. The term of the lease is for one (1) year at a fair market rate. Acceptance of Tax Collection Reports Through June 30, 2000 The Commissioners accepted the following Tax Collection Reports through June 30, 2000, as submitted by the Collector of the Revenue, Patricia J. Raynor: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVI, Page 12. 2000 REAL ESTATE VALUE APPEALS The Commissioners approved the withdrawal of the following appeals for 2000 real estate values: Lecompte, Rowan, PeggyR05615-006-008-000 New Centre Drive Com Park, Inc.R04911-001-011-000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 35 S&R PartnershipR06114-001-006-000 The Commissioners approved the changes in assessed value of which resulted in withdrawal of the following appeals: Atlantic FacilitiesR04915-009-001-000 Old Value $53,437 - new Value $42,750 R04915-009-002-000 Old Value $20,833 - New Value $10,417 R04915-009-003-000 Old Value $117,931 - New Value $100,758 Blackmon & Stephenson, LTDR05418-004-001-000 Old Value #417,420 - New Value $84,473 R05418-004-004-000 Old Value $732,794 - New Value 387,582 Cooperative Bank/Savings, Inc.R04817-032-004-000 Old Value $6,380,118 - New Value $3,603,070 Foster, Evelyn M. Hrs.R04819-017-001-000 Old Value $61,269 - New Value $51,072 Mercer, Johnny L. Pamela L.R03600-005-031-000 Old Value $619,332 - New Value $508,775 R03600-005-034-000 Old Value $113,760 - New Value $58,185 Norton, Patrick J. Jr.R05714-013-006-000 Old Value $346,799 - New Value $312,054 Tyson, Norman E. DorothyR05509-005-008-000 Old Value $127,128 - New Value $122,371 R05509-005-001-002 Old Value $48,348 - New Value $24,441 Approval of Budget Amendment #2000-42 to Close Fund 835 the Kirkland Revitalization Project The Commissioners approved the following budget amendment ADJUSTMENTDEBITCREDIT Sales Tax Refund$ 7,979 Other Revenue$ 1,500 Capital Project Expense$11,341 Transfer to other Funds/Sewer$20,820 Explanation: For accounting purposes only. To close fund 835-Kirkland Revitalization. Approval of Budget Amendment #01-0001 - Criminal Justice Partnership Program The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Criminal Justice Partnership Program$122,005 Contract Services$122,005 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 36 Explanation: To increase the budget to amount of grant awarded for FY 2000-2001. The award amount is $155,836 and $33,831 is already budgeted in FY 2000-2001. The application and acceptance of the grant was authorized by the Board of County Commissioners on March 13, 2000. PRESENTATION OF STATUS REPORT ON CONSTRUCTION ACTIVITIES RELATED TO THE JUDICIAL BUILDING PROJECT, PARKING DECK PROJECT, ADMINISTRATION ANNEX PROJECT, ADMINISTRATION BUILDING PROJECT AND THE JAIL AND SHERIFF’S ADMINISTRATION BUILDING PROJECT County Manager O’Neal advised that the purpose of the presentation was to show the interrelationships among the projects and how these capital improvements are in response to the growth that has occurred in New Hanover County. Countless hours have been spent with various project teams to design and schedule these projects to provide space for the public, employees, and jail. A needs assessment was made of all County Departments, and this list has been narrowed to these projects with costs reduced whenever possible during the assessment. For the past six to eight years, County elected officials and staff have work with the Sheriff’s Department, District Attorney, Clerk of Courts and a variety of other community agencies to provide a more efficient Court System. The County has provided funding to the District Attorney’s Office in an effort to avoid constructing a new Jail; however, due to the continued increase in the jail population, additional space must be constructed in order to avoid costly federal penalties. County Manager O’Neal presented reports on the following construction projects: •Judicial Building Project Project Approved5/18/1998 Estimated Cost$9,883,000 New Construction47,272 square feet Renovations53,248 square feet Parking Spaces (required by the City) 300 Construction documents for deck required to receive building permit Deck completed prior to issuance of the Certificate of Occupancy Bid documents will be ready September 2000 Construction will startNovember 2000 New Construction completedbyFebruary 2002 Renovations completed by October 2002 Artist renderings were presented on the Judicial Building with an explanation of how the exterior of the building will blend with the Historic Courthouse and how the space will be used. •New Administration Building Project Project Approved3/27/2000 Estimated Cost$22,325,225 Two options are currently under consideration Option 1 Replace Annex Administration Building rd Move the Information Technology Department to the 3 floor of the Bell South Building Relocate Human Relations to existing Administration Building rd Renovate 3 Floor of the Main Library Parking Requirements and Needed Spaces: Judicial Expansion300 New Administration Building & Library 245 Total Spaces545 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 37 Current Library Parking38 employees 64 public 102 Under this option the existing Annex Administration Building and Human Relations Building would be razed. Option 2 rd Move Information Technology Department to 3 floor of Bell South Building rd Renovate 3 floor of Main Library for use by the library Parking Requirements and Needed Spaces: Judicial Expansion300 New Building & Library245 Total Spaces545 Current Library Parking38 employees 64 public 102 New County Administration Building on Main Library Site: To house all departments currently located in the Administration Building and Annex Building. The existing Administration Annex Building and existing Administration Building would be razed. Project Cost New Parking Deck$ 6,495,104 Design fees 2,473,680 Demolition of existing Administration Building 1,411,620 Demolition of existing Annex Administration Building 201,065 Law Enforcement Center Renovation 543,900 rd Renovate existing 3 floor of Bell South Building 418,824 New Administration Building 8,786,033 rd Renovate 3 Floor of Main Library 1,995,000 Total Cost $22,325,225 Both Options 1 and 2 will require relocation of the Sheriff’s Administration functions, Vice & Narcotics, and the Detectives Unit from the Law Enforcement Center. Parking under the existing Law Enforcement Center has been factored into the parking requirements. Slides were presented on the location of buildings under Options 1 and 2 and an explanation was presented on the design of the New Hanover County Parking Deck. •New Jail Facility Project Approved4/3/2000 Administration60,000 square feet Jail170,000 square feet Estimated Cost$48,045,630 Breakdown of New Jail Housing Unit Inmate TypeSecurity LevelHousing TypeBed Capacity General PopulationMediumDouble Cell64 General PopulationMediumDouble Cell64 General PopulationMediumDouble Cell64 General PopulationMediumDouble Cell64 General PopulationMediumDouble Cell64 MaleMaximumSingle Cell48 Male Discipline SegregatedMaximumSingle Cell 16 Male Special ManagementMaximumSingle Cell 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 38 Male JuvenileMedium20 Double Cell 4 Single Cell 44 FemaleMedium 21 Double Cell 4 Single Cell 44 Multi-ClassificationMinimum Dormitory 40 MaleMinimum Dormitory 40 FemaleMinimum Dormitory 16 Total Cells 648 Project CategoriesCurrent Budget Jail Facility - 648 beds $29,734,947 Sheriff’s Office and Administration 8,187,600 Off-Site Utilities 1,306,250 Renovations to Law Enforcement Center 2,200,000 Testing/Surveying 200,000 Freeman White Contract 3,100,588 Carter Goble Contract 450,000 Miller Building 2,866,245 Total $48,045,620 New Jail Facility Administration Building The new Sheriff’s Administration Building will accommodate approximately 150 employees. The new Jail will be a sturdy building that is designed for function. No efforts have been made to create an architectural master piece. The new Jail will be efficient and house a kitchen, medical facility, laundry facilities, indoor pistol range, and food storage for emergencies. The following divisions will be housed in the new facility: Detective’s Administration Staff Technical Section Juvenile Investigations Patrol Division Administration Road Patrol Crime Bureau/Drug Abuse Resistance Education Canine Section Sheriff ‘s Alcohol Field Enforcement Environmental School Resource Officers Criminal Warrants Emergency Response Team Vice & Narcotics Training and Staff Services Enclosed Vehicle Storage The new Jail is designed to expand to accommodate 1,000 inmates which will be needed in the future. •Use of Existing Law Enforcement Center 45,734 usable square feet in the existing structure Enclosed subsurface parking for 78 vehicles 126 original beds 83 added beds in 1992 209 total beds Average daily occupancy 290 Average number of inmates housed in other counties 60 inmates Contract for 25 federal prisoners at $45 per day. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 39 •Proposed and Optional Uses of Existing Law Enforcement Center Key Components: Emergency Management and Emergency Operations Center Daytime Court Holding Facility for 24 inmates Work release housing facility with 56 beds is an optional use Civil Process Magistrate State-funded agencies is an optional use In concluding the presentation, County Manager O’Neal emphasized the importance of the Board and public recognizing that countless hours have been spent by professional teams in analyzing these projects to provide functional buildings and save money. Mr. Ed Spooner, representing Freeman and White, reported that the daily 290 bed average jail population was based on a 1998 count; however, currently the average jail population is 330 inmates plus housing 60 inmates at other facilities. A daily population of 627 beds is projected by the year 2012. The proposed Jail will house every division of the Sheriff’s Department under one roof, which will enhance the effectiveness and efficiency of the entire department. Mr. Spooner presented a sketch of the existing Law Enforcement Center comprised of 45,000 square feet of space with two pockets that can be expanded. After a thorough analysis of expanding the building, it was found that the two pockets would not be adequate space for the administrative functions of the Sheriff’s Department. The appropriate needs for the existing Law Enforcement Building are Emergency Management and the Emergency Operations Center. During the last month, the study backed away from the original idea of placing all the functions of the Sheriff’s Department under one roof. The focus has been on identifying what functions can remain or be moved to the existing Law Enforcement Center to fully utilize this space and then construct the remaining jail space needed on the Blue Clay Road site. After a review of the existing structure, it was found that two floors were originally designed as detention spaces divided into cells constructed of steel and heavy concrete, which makes it cost prohibitive to renovate this space for office and administrative use. After further review, it was determined that one of these floors could be used as holding cells for inmates awaiting court appearances and the other floor for the work release center at almost no additional cost. The third floor of the existing building could be used to expand the 911 Center instead of moving this function to the Blue Clay Road site. The 911 Center would be constructed over the existing center so all electrical and communication equipment could continue to operate during the expansion, which will allow each work station to be moved one at a time to the third floor with no interruption in service. The logic behind leaving the 911 Center in the existing Law Enforcement Building is its proximity to the Emergency Operations Center and the Bell South Building which contains major communication links and trunk lines. While reviewing the space on the second floor, which is the entrance to the Sheriff’s Department, space was located in the back for the new Emergency Operations Center which will include operation space for staff and dormitory space for County staff during emergencies. Adjacent to the lobby, there is enough space to locate the Civil Division of the Sheriff’s Department. This division deals directly with the courts and is heavily accessed by the public. Space is also available for a part of the Magistrate’s Office and for small state funded agencies that deal with community activities. The Magistrate’s Office would have a split operation with one portion at the Blue Clay Road site as required for the jail, and the other portion that deals with the public and courts in the existing Law Enforcement Building. By fully utilizing the existing Law Enforcement Center with needs that should be in the downtown area and near the courts, the space constructed at the Blue Clay Road site will be substantially reduced. Slides were presented showing the floor plan for the space at the new Jail facility on the Blue Clay Road site. The structure will be comprised of six pods containing 32 cells that are doubled bunked to provide 64 beds in each pod. The smaller special management units will be provided for women, juveniles, and special security inmates with single bed cells. Each housing unit will be two levels built around a triangular shaped day room. An office will be located in each day room to carry NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 40 out the management philosophy of direct supervision. A law enforcement officer will be in each office at all times and from the desk can see into cells, showers, phone areas, the day room and exercise area. There will be a second level secure area for visitors who have been cleared in the lobby to visit with inmates. This avoids officers from having to carry inmates to the lobby or search visitors for bringing in contraband because the area is separated by a secure glazed petition. The Blue Clay Road site was a challenge because of wetlands and the location of an old landfill. After working with engineers and performing a thorough investigation of the site and soils, the firm is confident that the new jail can built on the property without problems. The advantages of the site are: (1) nearness to the downtown area; (2) substantial buffer from surrounding neighbors; and (3) County ownership of the property. County Manager O’Neal requested Mr. Spooner to explain the exorbitant cost of infilling space at the existing Law Enforcement Center, which was instrumental in staff deciding to construct the jail at another location. Mr. Spooner spoke on the existing Law Enforcement Center containing 45,000 square feet of usable space and stated that the courtyard/plaza area on Princess Street and the vacant space between the building and edge of the structure on Market Street could be infilled. After analyzing this option, the total amount of additional space would not address space needs and this option was cost prohibitive. The estimated cost per square foot for infilling and constructing in the existing building was $240 per square foot versus $110 per square foot for construction on the Blue Clay Road site. Chairman Caster requested Sheriff Joe McQueen to comment on the jail project. Sheriff McQueen spoke on the security risk and danger involved with transporting inmates to other jail facilities throughout the state and country. With numerous stops for lunch and use of restrooms, the security risk and danger of an inmate escaping greatly increases. The County is paying $45 per day per inmate to house 65 inmates in Rutherford County, which is a 7-hour trip. Inmates have to be picked up for court appearances, medical emergencies or deaths in the families, which is a dangerous and costly process. Vice-Chairman Greer asked what the jail population was today. Sheriff McQueen responded that 360 inmates were being held in the Main Jail and 60 inmates in Rutherford County. He advised during holidays, the jail population increases to more than 400 inmates. Chairman Caster requested County Attorney Copley to comment on the complaints from defense attorneys. County Attorney Copley advised that the defense bar had contacted her about the inconvenience of defense attorneys being able to discuss cases with their clients because of the distance involved with traveling to Rutherford County. It has been difficult for these attorneys to prepare for trial without seeing their clients. This has caused an increase in the number of cases being continued, which does not help with moving cases through the courts. Mr. Jim Beck, a former school administrator and resident of 1707 Princess Street, strongly objected to the amount of money being spent for the proposed jail facility. He noted that after hearing the discussion, it was apparent that no one knew the total cost of the jail project. He stated with $30 million two new schools could be constructed and trailers could be removed from school campuses. He urged the Board to consider the other needs of the county before moving forward with a project to house inmates that will cost more than the amount of money received by the Housing Authority to build homes for people in need. Vice-Chairman Greer informed Mr. Beck that not one member of the Board was interested in spending money to construct a jail, but New Hanover County is mandated by federal law to provide NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 41 enough space to avoid overcrowding in jails or be fined for a considerable amount of money on a daily basis. He asked Mr. Beck if he had a solution to the problem. Mr. Beck responded that the County should be able to construct the amount of space needed without paying $200 per square foot. Vice-Chairman Greer requested Mr. Beck to speak with Deputy County Manager Andrew J. Atkinson about the programs in place, such as the Drug Court, to prevent violators from going to jail. Chairman Caster expressed appreciation to Mr. Beck for his remarks and stated that Mr. Atkinson would be glad to discuss this issue with him. Mr. Phil Sharpe, a partner of Sharpe Architect, presented schematics of the proposed parking deck on the Main Library site showing the elevation of the structure with other buildings, the connector from the parking deck to the new Administration Building, the extension of the courtyard, and the circulation pattern of traffic on the deck. The only entrance to the parking deck will be on Second Street, and the architectural design of the new Administration Building will be extended to the deck by using a trellis or arbor. The parking facility should be pleasing aesthetically as well as provide additional parking to the downtown area. Vice-Chairman Greer referenced the handout listing the same price for Option I and Option II and asked if both options were the same price. Deputy County Manager Atkinson responded that the price of $22 million plus was for a new Administration Building to house all County Departments, the Parking Deck, demolish the Annex rd Building and current Administration Building and renovate the 3 floor of the Main Library. Vice-Chairman Greer referenced recent comments by the City of Wilmington about possible consolidation of law enforcement and stated the taxpayers can not support projects in the amount of $80 million. He suggested moving forward with constructing the jail and waiting to consider the other projects until more discussion has been held with the City about consolidation. Commissioner Davis agreed and stated that the information dated May 3, 2000 has a projected cost of $48 million for the new jail and the material dated May 4, 2000, has a projected cost of $52 million. He expressed concern for the difference in numbers and stated that he agreed with Mr. Beck’s comments because it does appear that no one knows the exact cost of the jail project. County Manager O’Neal responded that until the project is bid, an actual figure cannot be determined. The architects have provided the cost estimates based on their expertise. It is hoped the final figure will be less. Chairman Caster noted that the Board was being requested to approve the bid documents for the parking deck and continue the design phase of the Jail and Sheriff’s Administration Building. County Manager O’Neal advised that if the Board is hesitant to move forward with the Sheriff’s Administrative space, staff will respect this decision, but work should continue on the design of the jail space. Mr. Jay Greene, a representative of Carter Coble, advised that the Board was being requested to move from schematic design to design development. This means that the Board will have three opportunities to review the design plans. He also noted that different cost estimates have been presented on the cost of the jail project because figures are coming from several difference sources, the construction expediter, architects, and others. At this point, there is debate on whether a 10% or 15% contingency factor should be used. The difference between these figures will equate to a difference of 10% in the cost of the project. As the process is more clearly defined on materials to be used, more definite figures can be determined on the contingency factor. It is hoped that no more than a 5% contingency will be needed. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 42 County Manager O’Neal suggested periodic status reports on the progress of the jail project. Deputy County Manager Atkinson reminded the Board that all the projects were designed to interrelate with each other. For example, the parking area now used by the Court System will be eliminated with construction of the Judicial Building Expansion project. In order to replace these parking spaces, the plan was to use a portion of 79 parking spaces under the existing Law Enforcement Center. If the Law Enforcement Center is renovated to accommodate more uses than proposed, these parking spaces will not be available, which means that another level will have to be added to the parking deck on the Library site. All of the projects were designed to accommodate each other; therefore, a domino effect will occur when changes are made. County Manager O’Neal encouraged the Board to hold a Work Session as quickly as possible to further discuss these projects if the Board decides not to move forward with continuing the design of the jail. Discussion followed on the projected cost of a new jail. County Manager O’Neal said that professionally and personally, it had been a struggle to ask the taxpayers and Commissioners to construct a new jail, but by state and federal law, it is the responsibility of counties to provide the space necessary to house inmates without overcrowded conditions. This is a need that cannot be ignored. Commissioner Birzenieks expressed concern for the cost of the new jail, but stated New Hanover County does not have a choice because every day the project is delayed it becomes more costly and more money will be spent daily to house inmates in other facilities. Chairman Caster called for a motion on continuing the design phase of the Jail. Motion: After emphasizing the importance of supporting law enforcement because it is a major responsibility of government, Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to continue the design phase of the Jail and Sheriff’s Administration Building with the idea that changes can occur during the process. Upon vote, the MOTION CARRIED 4 to 1 as follows: Voting Aye:Chairman Caster Commissioner Birzenieks Commissioner Davis Commissioner Howell Voting Nay:Vice-Chairman Greer Chairman Caster called for a motion to approve bid documents for the parking deck to be located next to the Main Library. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to approve the bid documents for the parking deck to be located next to the Main Library. Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows: Voting Aye:Chairman Caster Commissioner Birzenieks Commissioner Davis Commissioner Howell Voting Nay:Vice-Chairman Greer Commissioner Davis stressed the importance of holding a Work Session to discuss the jail and other projects because a majority of the Board may not want to approve the projects as presented. Vice-Chairman Greer agreed and stated that the Board needs to make decisions regarding whether an additional dormitory is needed or whether the existing Law Enforcement Center can be fully utilized to reduce the amount of space needed in the new jail. Unfortunately, the Board is not NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 43 making these decisions; therefore, Staff is moving forward with making decisions and it becomes difficult and costly to make changes later in the process. Commissioner Davis suggested meeting with Freeman White and the Project Expediter to discuss the project to see if money can be saved on the jail project. Consensus: It was the consensus of the Board to request the County Manager and Clerk to the Board to select a convenient date for scheduling a Work Session to discuss the Jail and other projects presented. RECOGNITION OF ACHIEVEMENTS OF DSS CHILDREN’S SERVICES STAFF Mr. Wayne Morris, Director of the Department of Social Services, reported that the New Hanover County Department of Social Services recently had its third biennial review by the N. C. Department of Health and Human Services Division of Social Services as required under North Carolina General Statutes. The review process involves analysis of information concerning management, practices and outcomes in the areas of child protective services, foster care and adoptions. The DSS Children’s Services unit was commended for its achievements and programmatic strengths in intake, investigative assessment, case planning and management, planning following placement, prevention and placement, and in legal processing and documentation. This was an outstanding honor, and he expressed appreciation to the Board of County Commissioners for approving new staff positions, which has been the key in making improvements in the DSS Children’s Services Division. Director Morris requested the professional staff members to stand and be recognized for this outstanding accomplishment. On behalf of the Board of County Commissioners, Chairman Caster expressed appreciation for the outstanding work being performed by the Children’s Services Staff in protecting our children and stated it was an honor for the State to recognize the New Hanover County Department of Social Services for this worthwhile work. MEETING RECESSED FOR A BREAK Chairman Caster recessed the meeting for a break from 6:30 p.m. until 6:47 p.m. APPROVAL OF DRAINAGE ORDINANCE SCHEDULE Planning Director Hayes presented the following schedule of meetings to be held by the Planning Board to discuss and explain the comprehensive drainage regulations: July 12, 2000 - Work Session - 4:00 p.m. July 25, 2000 - Work Session - 4:00 p.m. Room 501, County Administration Building 320 Chestnut Street, Wilmington, N. C. August 3, 2000 - Public Hearing - 7:00 p.m. Assembly Room - New Hanover County Courthouse 124 North Third Street, Wilmington, N. C. Planning Director Hayes advised that a Public Hearing will be scheduled for September 5, 2000, for the Board of County Commissioners to hear recommendations from the Planning Board and consider adoption of the comprehensive drainage regulations. Chairman Caster expressed appreciation to Planning Director Hayes and Mr. Dan Dawson for preparing and presenting the schedule. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 6:59 p.m. Chairman Caster reconvened to Regular Session at 7:26 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 44 PUBLIC HEARING TO CONSIDER A REQUEST BY STAFF TO AMEND THE WILMINGTON-NEW HANOVER COUNTY COMPREHENSIVE LAND USE PLAN UPDATE BY MODIFYING POLICY 4:10 TO ALLOW DREDGING ACTIVITIES ASSOCIATED WITH THE RELOCATION OF MASON INLET (LUP#9, 5/00) Planning Director Dexter Hayes reported that no one from the public spoke in opposition to the dredging policy at the meeting of the Planning Board held on May 4, 2000. The Planning Board had several questions pertaining to the permitting process which were addressed by Assistant County Manager Dave Weaver. The vote by the Board was unanimous and the amendment will be heard by the Wilmington City Council on July 18, 2000. These recommendations will be forwarded to the Coastal Resources Commission for action at the end of July 2000. The wording recommended by the Planning Board and City Planning Commission is as follows: bold Policy 4:10 (additional language in ) Not allowing new dredging activities in Primary Nursery Areas (PNA), Outstanding Resource Waters (ORW), or Shellfishing Waters (SA), except for the purpose of scientific research, designed for the purpose of protecting and enhancing water quality, and where supported by sound scientific and technical knowledge. Limited exceptions may be allowed for the urban waterfront and Wilmington’s ports, consistent with the goals and objectives of the Cape Fear River Corridor Plan (‘97) and for the New Hanover County Mason Inlet and the Downtown 2020 Plan (‘98) Relocation Project as permitted by the Army Corps of Engineers. Commissioner Davis asked why the proposed amendment was being added to the Wilmington- New Hanover Comprehensive Land Use Plan. Planning Director Hayes responded that questions were raised during the CAMA permitting process regarding dredging and concerns about water quality issues even though the N. C. Division of Coastal Management found the Mason Inlet Relocation Project to be consistent with regulations. Staff felt the proposed amendment was needed to show that the project was consistent with the County dredging policy. Commissioner Davis asked if the proposed amendment was to circumvent the Division of Coastal Management requirement to provide scientific and technical knowledge that shows the water quality will be improved by the dredging project. Assistant County Manager Weaver explained that the existing policy requires the project to be designed for the purpose of protecting and enhancing water quality, and where supported by sound scientific and technical knowledge. Based on discussion with the Corps of Engineers on the environmental assessment, it was felt that even though there is proof scientifically that the Mason Inlet Relocation Project will increase the flushing through the inlet, it has not been proven scientifically that water quality will be improved. From a common sense approach, the project should improve water quality, but no scientific modeling has been performed to verify this as a fact. As a result, Staff is being cautious by preparing the proposed amendment so the project will be consistent with the Land Use Plan. Commissioner Davis noted that the response from Assistant County Manager Weaver shows that the intent of the proposed amendment is a way to circumvent the Division of Coastal Management policy. Commissioner Birzenieks asked Assistant County Manager Weaver if he recommended approval of the proposed amendment. Assistant County Manager Weaver responded that the amendment should be approved. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer, to approve the Order amending Policy 4:10 of the Wilmington-New Hanover Comprehensive Land Use Plan as presented. Upon vote the MOTION CARRIED 4 to 1 vote as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 45 Voting Aye:Chairman Caster Vice-Chairman Greer Commissioner Birzenieks Commissioner Howell Voting Nay:Commissioner Davis A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 12. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 8, AWARD OF BID #00- 0348 TO MOTOROLA FOR PURCHASE OF MOBILE DATA TERMINALS AND APPROVAL OF BUDGET AMENDMENT #01-0002 Deputy County Manager Atkinson referenced the bid award and reported that two bidders responded to the bid proposal, Motorola, Inc. and Pomeroy Computer Resources. Staff is recommending award of the bid to Motorola, Inc., because it was determined that the Pomeroy Computer Resources bid was non-responsive due to the following reasons: (1) not including the installation and programming costs in the bid response; and (2) providing only one reference for turn- key installation, which was the City of Asheville, where the bid did not require a complete turn-key installation. Motorola provided 25 references for turn-key installation such as the City of Wilmington, N. C. Highway Patrol, Cumberland County, Fayetteville, N. C., Jacksonville, N. C., Burgaw, Kure Beach, Oak Island, and UNCW Public Safety. Staff requested Pomeroy Computer Resources to provide written confirmation from Motorola that Pomeroy would be able to provide the modem, software, interface, and service for the modem. This information was not provided by Pomeroy. The cost of the MDSI Interface for the message switch to the CAD was not provided which is essential to the function of the system. Written notice was sent to Pomeroy on June 1, 2000, and Ms. Amy Akin, the County Purchasing Agent, discussed the situation with the Pomeroy representative. No further discussion has been held until the representative came to the meeting today. Staff has two options, to reject all bids received and re-bid the project or proceed with the award to Motorola. Chairman Caster asked if the representative from Pomeroy Computer Resources was present. After no one stepped forward, County Manager O’Neal advised that the representative had left the meeting. Motion: After further discussion of the Pomeroy Computer Resources bid being non-responsive, Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to adopt the resolution awarding the bid and contract to Motorola, the only responsive bidder, and approve the associated budget amendment. The Chairman was authorized to execute the necessary contract documents. 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 XXVI, Page 12. A copy of the contract is on file in the Legal Department. Budget Amendment #01-0002 - County Commissioners/Sheriff-Administration/911/Emergency Telephone System Fund ADJUSTMENTDEBITCREDIT General Fund: County Commissioners: Appropriated Fund Balance$639,206 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 46 Sheriff-Administration: Transfer In/Emergency Telephone System$454,785 Sheriff-911: Capital Outlay - Equipment$1,072,796 Departmental Supplies$ 15,255 Radio/Data Circuit$ 5,940 Emergency Telephone System Fund: Sheriff-Administration: Appropriated Fund Balance$200,000 911-Surcharge$254,785 Sheriff-Administration: Transfer to General Fund$ 454,785 Explanation: To budget carryover and additional funds for 911 Mobile Data Terminal Unit Project. PUBLIC HEARING TO CONSIDER A REQUEST FROM JOSEPH PRIEST TO REZONE 3.62 ACRES ON THE SOUTHEAST CORNER OF HINTON AVENUE AND GREENVILLE AVENUE FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL (Z-706, 06/00) Chairman Caster opened the Public Hearing. Planning Director Dexter Hayes reported during the Planning Board meeting held on June 1, 2000, the petitioner explained that he had no immediate plans to re-develop the site. The petitioner is requesting a minimal increase in the density of the property by rezoning 3.62 acres located on the southeast corner of Hinton Avenue and Greenville Avenue from R-15 Residential to R-10 Residential. One adjacent property owner spoke and expressed concern about drainage impacts. After discussion, the Planning Board voted 5 to 1 to recommend approval of the R-10 zoning. The net result of this change will be an additional three (3) units on the property. Commissioner Davis asked Planning Director Hayes if he was concerned about possible drainage impacts with the higher density. Planning Director Hayes responded that he was not concerned because he felt the additional three (3) units would not impact the current drainage on the site. Chairman Caster asked if anyone from the public would like to speak. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to rezone 3.62 acres located on the corner of Hinton Avenue and Greenville Avenue from R-15 Residential to R-10 Residential as recommended by the Planning Board. 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. 9B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 1, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9B, Page 90. PUBLIC HEARING TO CONSIDER A REQUEST BY PETE VINAL TO REZONE .68 ACRES AT 3739 SOUTH COLLEGE ROAD FROM R-15 RESIDENTIAL TO CD(O&I) CONDITIONAL USE OFFICE & INSTITUTIONAL(Z-707, 06/00) Chairman Caster opened the Public Hearing and announced that conditional use zoning NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 47 requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Pete Vinal Samantha Dann James Dann Janie Winters Robert C. Duvernois Paula Ferebee Planning Director Dexter Hayes reported that the petitioner presented his plan to renovate the existing home on the site to create office space to the Planning Board at its June 1, 2000 meeting. Several neighbors spoke in opposition to the request for an Office and Institutional District in the middle of a residential zone. The neighbors primary concern was the potential creeping of commercial zoning into their neighborhood if the rezoning is approved. The Planning Board voted 4 to 1 to recommend denial of the request. Commissioner Davis noted that it was his understanding that Staff also recommends denial of the request feeling that approval of the rezoning would not be consistent with the Land Use Plan. He asked Planning Director Hayes if this was correct. Planning Director Hayes agreed with the statement made by Commissioner Davis. Chairman Caster asked if the petitioner would like to testify. Mr. Pete Vinal, representing Mr. and Mrs. James Dann, presented a sketch of the inside of the house and explained that no structural changes would be made to the outside of the house. The purpose for the rezoning is to locate an office within the dwelling. There is sufficient area for parking, and the property is surrounded by a fence. An attorney will use the office and only one or two cars per hour will be parked at the office, which will not generate traffic. Unfortunately, Mr. and Mrs. Dann are separating and they need to sell their property. It has been on the market for a long period of time but because of the adjacent school, the property has not be sold. Persons interested in the property are concerned about traffic in the front and children playing in the back of the school during the day. A wholesale nursery is across the street and the property is located at an intersection where new businesses are opening. Mr. Vinal advised that the major concern of the neighbors was encroachment of commercial zoning into a residential community; however, the best use of the site is office and institution zoning. The Board was requested to rezone property as petitioned. Ms. Samantha E. Dann, a petitioner, stated that she and her husband have lived in the house since the mid-1980's before the school was constructed on the adjacent lot. The children have not been a problem, but persons interested in purchasing the house are very concerned about children playing in the back of the adjacent lot and the traffic generated by the school. She noted that the property was no longer suitable for residential use because of businesses across the street, the adjacent school, and new businesses around the intersection. She requested the Board to approve the rezoning so the property could be sold. Mr. James Dann, a petitioner, presented a picture showing the property, school, the mall, a new bank, etc. and stated the property is no longer appropriate for residential use because the lot is located in a business pocket. The proposed zoning is different from spot zoning because there will be a specific use designated for the site and the exterior of the house will not change in appearance. The traffic generated by an attorney’s office will not negatively impact surrounding properties. He requested the Board to approve the rezoning request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 48 Ms. Jane Winters, the kindergarten teacher at New Horizons Elementary School, advised that the school was in place before the Danns moved into their house. The school is 17 years old with 96 students. The first concern is the safety of the students that attend school from 8:00 a.m. until 2:30 p.m., which does create traffic during this period of time. She stated that if the Dann property is rezoned, where will the commercial encroachment stop into this residential neighborhood. She requested the Board to discourage spot zoning, which is not consistent with the Land Use Plan. Ms. Paula Ferebee, a realtor, reported that unfortunately the Dann property is outdated, particularly the swimming pool. The price is too high and the pig in the backyard is a hindrance when trying to sell the property; however, other residential properties in the area have not sold because of existing traffic. Approval of the rezoning will only increase traffic in this area. There being no further comments, Chairman Caster closed the Public Hearing. Commissioner Davis stated that he felt Mr. and Mrs. Dann had been good neighbors to the adjacent school, but stated if the property is rezoned it will be a form of spot zoning that is not consistent with the Land Use Plan. He advised that the Planning Board and Planning Staff have recommended denial of the zoning request because of this reason. After noting that the area had already been invaded by office and institution uses with the location of the school, church, and other businesses in the area, Commissioner Howell advised that he was in favor of the rezoning. Chairman Caster called for a motion on the proposed rezoning. Motion: Commissioner Howell MOVED to rezone 0.7 acres of property located at 3739 South th College Road on the east side of the South 17 Street extension from R-15 Residential to CD(O&I) Conditional Use Office & Institution. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman Caster called for a motion to deny the request. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks, to deny the rezoning based upon concern about commercial spot zoning, which is not consistent with the Land Use Plan as noted by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows: Voting Aye:Chairman Caster Vice-Chairman Greer Commissioner Birzenieks Commissioner Davis Voting Nay:Commissioner Howell PUBLIC HEARING TO CONSIDER A REQUEST BY HANSEN MATHEWS AND VAL BOUDREAU TO REZONE APPROXIMATELY 3.5 ACRES ON CAROLINA BEACH ROAD ACROSS FROM ROSA PARKS DRIVE FROM O&I OFFICE AND INSTITUTIONAL TO CD(B-2) CONDITIONAL USE HIGHWAY BUSINESS (Z-705, 06/00) Chairman Caster opened the Public Hearing and announced that a conditional use zoning requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Cindee Wolf Hanson Matthews, Jr. Val Boudreau Mary Boudreau NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 49 Trudy Matthews Hank Matthews Michael L. Dinkins Patrick Boykin Lena Boykin E. Stevens Vanness Middleton Wesley Nixon Planning Director Dexter Hayes reported that the petitioner presented the proposed site plan at the meeting of the Planning Board held on June 1, 2000. The subject property was zoned O&I Office and Institutional in September 1996. The petitioner is now requesting a change from that request to CD(B-2) Conditional Use Highway Business. Several neighbors presented concerns about drainage, light pollution, noise pollution and decreased property values. Their primary concern was the proposed auto service. The Planning Board voted 3-2 to recommend denial of the request because of concerns expressed by the neighbors and the auto service use. Staff also recommended denial of the request. Planning Director Hayes presented slides of the site plan showing the entrance road, existing uses north of the property, the south side of the property, the frontage of the property on Carolina Beach Road, and existing residences on Rosa Parks Drive. Chairman Caster asked if the petitioner would like to speak. Ms. Cindee Wolfe, representing the petitioners, reported that overall development along the Carolina Beach Road corridor has made bordering properties undesirable for residential use. This was the reason why this tract was zoned Office and Institution in September 1996, which allowed for transitional uses. The intent of the proposed zoning is not to create an intensive commercial center nor to allow uses that would be undesirable or inappropriate to adjacent residential properties. The request is to simply expand the variety of uses already permitted for the site in its Office and Institution zoning. The specific uses have been listed as part of the conditional approval that the developers would like to have included. The only intensive use is the auto center, which is not a convenience store, but an auto service business. The additional uses are permitted in the B-1 District, and the B-2 District was petitioned because the adjacent business center was zoned B-2, which would be a continuation of a zoning district. The site design was laid out with the intent of positioning the most intensive use with the automotive center being the closest to the highway. The existing vegetation would be retained and adequate buffer yards would be provided between the project and adjacent properties. John Henry Drive would aide in this separation of uses. The tract is flat and riddled with unmaintained ditches. Stormwater runoff from development will be handled by a combination of underground infiltration and a retention pond. The facilities will be designed to meet all State water quality standards and the existing drainage conditions should be improved on the site. Landscaping, supplemental street yard buffering, and interior parking landscaping will add to the overall aesthetics of the development. There are currently three residential driveway cuts along the frontage of the property. The proposed plan will close each cut which will aide with traffic on Carolina Beach Road and access the property from a single drive off Carolina Beach Road designed across from Rosa Parks Lane. Another access point will be from Julia Drive, which is an unimproved dirt path that will be approved as a paved road to provide an interconnection with the adjacent business park upon approval by the NCDOT. There will be no access points to Lobos Lane. In concluding the presentation, Ms. Wolfe stated that the proposed plan will comply with the Land Use Plan because of transitional uses down from Monkey Junction and more commercial shopping center uses in the area. She requested the Board to approve the proposed CD(B-2) Conditional Use Highway Business zoning. Mr. Hansen Matthews, representing his parents Hank and Trudy Matthews, advised that he would be speaking about the northern tract of the land. When the land was purchased last year, it NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 50 was done with the belief that the highest and best use of the land would be for highway businesses. When being contacted by Mr. Boudreau about participating with him in a joint site plan for a B-2 use, the family was glad to participate with him in developing a site plan to address joint on-site stormwater retention and a driveway inter-connectivity. When reviewing a map of the southern part of New Hanover County, there is a large area of undeveloped land that will require retail and other needed services. When other speakers address this proposal, you will hear objection to the Auto Center. He requested the Board to consider the best use of the property and approve the CD(B-2) Conditional Use Highway Business which is consistent with the Land Use Plan. Mr. Val Boudreau, owner of the Car Doctor, reported that his business is the focal point of concern by surrounding property owners in a transitional area. The Car Doctor is a neighborhood business to serve the area. The proposed facility will be able to service a reasonable number of people in the area who will not have to make a trip to Wilmington for car service. This is an appropriate area for this type of business. The site plan presented will provide needed services to the area. Commissioner Howell requested Mr. Boudreau to comment on the hours of operation and the amount of noise from the operation. Mr. Boudreau responded that the noise would be no louder than traffic on Carolina Beach Road and the hours of operation would be from 8:00 a.m. until 5:00 p.m. from Monday through Friday, and 8:00 a.m. until 1:00 p.m. on Saturday. The other building will not be constructed for a period of time. This site will remain natural until a decision is made to proceed with construction. Commissioner Howell asked what the six remaining uses would be. Ms. Wolfe noted that the remaining six uses are as follows: •Apparel and Accessory •Eating and Drinking establishments •Home Furnishings and Equipment •General Merchandise Stores •Handcrafting Small Articles •Hardware •Miscellaneous Retail •Business Services including printing •Watch, Clock, and Jewelry Repair •Barber and Beauty Shop •Automotive Service Ms. Mary Boudreau advised that when the property was purchased, it was a second location for the Car Doctor. When visiting neighbors, they were informed that Mr. Boudreau and she would like to be good neighbors and that privacy would be provided with trees or a fence. There appeared to be no opposition; however, when appearing before the Planning Board, this was not the case. The proposed site will be well maintained and provide a service to the area. Mr. Michael Dinkins, a concerned citizen, requested the Board to remember the pledge made to the residents in 1996 when the Commissioners promised to stop the encroachment of commercial development along this corridor of Carolina Beach Road. His family has owned property for a 100 years and it was his great grandfather’s dream that everyone in the family could build a home in this area. He expressed concern for the potential noise from the Car Doctor and stated that the sound of an air drill at 8:00 a.m. in the morning is not pleasant. He also expressed concern for the business closing and allowing any type of use to be placed on the site. He requested the Board to deny the rezoning request. Mr. Patrick Boykin, a former resident of Rose Parks Lane, expressed concern for continuing to allow commercial encroachment near a residential area. Pictures were presented showing the number of residents that live on Rosa Parks Lane and around this area. With the existing traffic on Carolina Beach Road, additional commercial uses will only increase the amount of traffic in the morning and evening when people travel to and from work. He requested the Commissioners to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 51 consider the amount of traffic in this area before approving CD(B-2) uses that will severely impact surrounding residential uses. Ms. Lena Boykin, speaking on behalf of Ms. Evangeline Stevens who lives across the street, expressed concern for older people who will hear noise from the proposed business uses. With the congestion and traffic already in this area, no more commercial uses are needed. She requested the Board to uphold their promise and stop commercial encroachment after approving the Go Gas facility several years ago. Ms. Vanness Middleton, a resident of 5716 Carolina Beach Road, advised that her property was located directly behind the site with only a 40-foot driveway between both properties. It appears that the promise made by the Board to stop commercial encroachment beyond the Go Gas has not been upheld. Commissioner Davis noted that he did not remember voting on stopping commercial development at the Go Gas facility on Carolina Beach Road. After further discussion, Mr. Michael Dinkins apologized for not stating that this action was taken by the Planning Board, not the Board of County Commissioners. Commissioner Davis expressed appreciation to Mr. Dinkins for clarifying his statement. Ms. Middleton expressed concern for increased traffic and noise with approval of the rezoning. She also referenced the fact that she felt the Board of County Commissioners would protect her neighborhood several years ago, when a 40-foot drive was opened and Blackmon Construction was allowed to operate a trash dump at the end of the road with trucks going back and forth for eight years. This episode was an environmental hazard and almost destroyed her property and neighborhood. She requested the Board to protect the community by denying this request and keeping B-2 Business uses from these residential communities. Vice-Chairman Greer explained that under current Office and Institution zoning, many uses can be permitted as outlined in the Zoning Ordinance. The use for the Car Doctor cannot be placed on the property without approval of a conditional use district, which means that the site must be developed according to the plan as submitted. Conditional use also allows the Commissioners to place conditions on the use to better protect surrounding neighborhoods. If the Car Doctor should not succeed in its business and the facility was closed, a boat marina or any other use could not be placed on this site without approval by the Board of County Commissioners. Mr. Wesley Nixon, a resident of 5673 Carolina Beach Road, explained that the major concern was opening the door to a B-2 Highway District whether conditional or regular B-2. The surrounding neighborhoods do not want any more B-2 uses in this area. Commissioner Davis stated that he felt Mr. and Mrs. Boudreau and the Matthews were good people; however, the Planning Board and Planning Staff have recommended denial of the request because the use is not consistent with the Land Use Plan. Vice-Chairman Greer stated that he did not feel the proposed zoning and site plan were inconsistent with the Land Use Plan, but he did feel that if the neighbors are opposed to the B-2 Conditional Use, he would respect their opposition since these neighborhoods have been in existence for numerous years. He informed the residents that he felt they were making a mistake because under the conditional use district, they would know the exact uses that would be placed on the property. Chairman Caster closed the Public Hearing and called for a motion. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to deny the request based on the use not being consistent with the Land Use Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 52 PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN POLLARD FOR THOMAS SMITH TO REVISE AN EXISTING CONDITIONAL USE AIRPORT INDUSTRIAL DISTRICT LOCATED AT 1724 NORTH KERR AVENUE TO ADD 1,797 SQUARE FEET OF FLOOR AREA TO AN EXISTING OFFICE (Z-433, 06/00) Chairman Caster opened the Public Hearing and reported that the conditional use process required a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Thomas H. Smith, Jr. Kate Dempsey Otis J. Atkinson Planning Director Hayes reported that the existing CD(Airport-1) District was established in April 1991 to permit a small woodworking shop specializing in outdoor playground equipment. There were three conditions of approval for the original conditional use zone, which should continue to be in effect if the request is approved. The woodworking business was in operation for a short period and between 1991 and 1998, the building fell into a state of decay and disrepair. In order to operate an office for a communications contractor, the petitioner revised the conditional use zone in 1998. Since the business has been successful, the petitioner is requesting an amendment to modify the conditional use site plan to add 1,797 square feet to the existing building. Although it appears that additional parking is necessary, the petitioner only needs to add one parking space to be in compliance with the minimum parking standards established by the Zoning Ordinance. Planning Director Dexter Hayes informed the Board that no one spoke in opposition to the request at the Planning Board meeting held on June 1, 2000. The Planning Board voted unanimously to recommend approval of modifying the Special Use Permit in the conditional use zoning district to expand the use of the site plan to add 1,797 square foot to the existing building based upon the following conditions: 1.The existing 20 feet buffer remain undisturbed. 2.The proposed addition must meet the required setbacks of the Zoning Ordinance unless a variance is granted by the Zoning Board of Adjustment. 3.If a variance is approved by the Zoning Board of Adjustment, the addition may not exceed 1,797 square feet, which is the area proposed on the submitted site plan. Other conditions of the conditional use permit would remain in place. Chairman Caster asked if the petitioner would like to testify. Mr. Thomas H. Smith, Jr., the petitioner and property owner, reported on purchasing the building two years ago and stated it was in terrible condition, but he had almost totally rebuilt the structure and used it for his business. After contacting the permitting office about constructing the addition to the existing building, he was not aware of the 35-foot setback requirement. In order to meet the setback, the Board of County Commissioners will have to modify the approved conditional use site plan to add 1,797 square feet to the existing building and then the Zoning Board of Adjustment will have to grant a variance to the setback or reduce the size of the expansion. In closing, Mr. Smith requested the Board to approve the amendment to the existing conditional use site plan. Commissioner Davis asked Mr. Smith if he would be willing to accept Staff’s recommendation and reduce the size of the building to prevent having to request a variance from the Zoning Board of Adjustment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 53 Mr. Smith explained that reducing the size of the building from the front was acceptable, but the setback of 35 feet from the back of the property would significantly reduce the square footage of the addition. He requested the Board to consider approving the modification to the site plan to allow him to appear before the Zoning Board of Adjustment to request a variance from the setback before he has to reduce the size of the addition. Chairman Caster asked if anyone from the public would like to testify. Ms. Kate Dempsy, an employee of Community-Living Wilmington, reported that this agency was a tenant in the existing building and the proposed addition will provide more space for the employees. She requested the Board to consider approving the request. Mr. Otis J. Atkinson, an adjacent property owner, stated that he was not opposed to the modification of the site plan, but he was concerned about stormwater drainage from the site with the addition. Also, on some days, there are 20 cars parked in front of the building, and it appears that more than one additional parking space would be needed if the building is expanded. Planning Director Hayes explained that the minimal square footage with the additional one parking space will comply to the Zoning Ordinance parking requirements, and State drainage regulations will have to be met for the impervious runoff. Since a revised site plan has not been submitted for construction of the addition, it is not possible to know what drainage improvements will have to be made to the site. Mr. Atkinson, again, expressed concern for the number of cars parked at the building. There being no further comments, Chairman Caster closed the Public Hearing. Discussion was held on the difference between the Planning Board recommendation and the Planning Staff recommendation. Planning Director Hayes presented the two recommendations: The Planning Board recommended modification of the approved site plan to add an expansion not to exceed 1,797 subject to three conditions: 1.The existing 20 foot buffer remain undisturbed 2.The addition must meet the required setbacks of the New Hanover County Zoning Ordinance unless a variance is granted by the Zoning Board of Adjustment. 3.If the variance is approved by the Zoning Board of Adjustment, the addition may not exceed 1,797 square feet. The Staff recommendation was to approve a smaller addition that will meet the required setback with the same conditions from the previous rezonings: 1.Outside storage except for the display of products be screened from view. 2.Signs not affixed to the building be limited to ground signs. 3.Bufferyards must be established pursuant to Section 67 of the Zoning Ordinance. 4.Lighting should be ground level and limited. Discussion followed on the small size of the addition if the Planning Staff’s recommendation is approved. Commissioner Davis asked if both recommendations were consistent with the Land Use Plan. Planning Director Hayes responded that the Planning Staff’s recommendation was consistent with Land Use Plan; however, the Planning Board’s recommendation will require a variance from the Zoning Board of Adjustment in order to be consistent with the Land Use Plan. The Board of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 54 Commissioners might want to consider approving the request under the existing conditions and allow Mr. Smith the option to apply for a variance from the Zoning Board of Adjustment. If the variance is approved by the Zoning Board of Adjustment, it should be stipulated that the addition cannot exceed 1,797 square feet. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer, to approve the recommendation of the Planning Board to modify the conditional use approved site plan to add 1,797 square feet to the existing building located at 1726 North Kerr Avenue subject to the following conditions: (1) the existing 20-foot buffer must remain undisturbed; (2) the addition must meet the required setbacks of the New Hanover County Zoning Ordinance unless a variance is granted by the Zoning Board of Adjust; and (3) if a variance is approved by the Zoning Board of Adjustment, the addition may not exceed 1,797 square feet as proposed on the submitted site plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the conditional use district revision is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 7. PUBLIC HEARING TO CONSIDER A REQUEST BY FORREST MEEKS FOR A SPECIAL USE PERMIT FOR A COMMUNITY BOATING FACILITY FOR THE TURTLE BEACH DEVELOPMENT AT 7611 SCOUT CAMP HATILA ROAD, SEABREEZE COMMUNITY (S-460, 06/00) Chairman Caster opened the Public Hearing and 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 Clerk to the Board. The following persons were sworn in: Dexter Hayes Forrest Meeks Carolina Meeks Buck O’Shields Barbara Edwards Planning Director Dexter Hayes reported that no one spoke in opposition to the project at the Planning Board meeting held on June 1, 2000. There was considerable discussion about the policies established by the Land Use Plan concerning marinas. Ultimately, the Planning Board voted unanimously to approve the community boating facility with 4 boat slips, which is consistent with the Land Use Plan. 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 served by a private well and septic system. B.The site is located in the Federal Point Volunteer Fire Department. C.Access to the facility will be conferred to the residents of the subdivision. 2.The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.The subject property is zoned R-15 and the land classification is Conservation. Community boating facilities are permitted by Special Use Permit in the R-15 zone. B.The Zoning Ordinance requires that the petitioner must demonstrate that the project NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 55 will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. C.Off street parking must be provided on site at one space per boat slip, or on nearby residential lots. D.The number of boat slips must not exceed the number of residential lots or dwelling units within the associated development. (In order to meet this requirement the applicant’s site plan must be revised to show 7 boat slips instead of 10.) E.The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. F. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies, and foodstuffs, shall be strictly prohibited. 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 surrounding land use is residential. The surrounding zoning is R-15 B.Other private residential piers are located in the vicinity. 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. New Hanover County land use policies encourage the consolidation of riparian access. B.County policies state that the development of marinas should be allowed as a means of providing public access provided they do not adversely affect estuarine resources or public trust waters, they shall not be allowed in primary nursery areas, SA or ORW waters, high ground facilities are acceptable. Planning Director Hayes presented slides of the property and reported that Staff was concerned about the boating facility not exceeding 4 slips so the use would be consistent with the Land Use Plan. Chairman Caster asked if the petitioner would like to testify. Mr. Forrest Meeks reported that the application for the Special Use Permit is to place a community pier for Turtle Beach Subdivision located at 7611 Scout Camp Hatila Road in the Seabreeze Federal Point Township on Myrtle Grove Sound at the Atlantic Intracoastal Waterway. The parcel is approximately 7acres of an undeveloped, wooded, land with one existing dwelling. The zoning R-15 Residential with a maximum of 2.5 units per acre. The New Hanover County Planning Department has been concerned and involved with numerous problems that have existed and plagued the Seabreeze Community for many years, as evidenced by the aforementioned Seabreeze study. Since that study, the area has continued to deteriorate, dwindle, and decay. The community has served as a dumping ground for outsiders to place trash on many properties owned by uninvolved, absentee landowners. One sign of a dying community is the lack of children as evidenced by very few seen standing at the school bus stops. The study identified and categorized four (4) major issues and concerns, including housing conditions and waterfront development. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 56 On a positive vein, a recent major clean-up and revival effort has been initiated and undertaken by the Seabreeze Community Association. This committee was formerly known as the Seabreeze Revitalization Committee, formed as a result of the Planning Department’s decision to develop a plan for the area, and to enhance the community’s image. Notable results of this unified effort are apparent and have been inspirational and encouraging to the community. The Turtle Beach Subdivision encompasses approximately seven (7) acres and is located between Scout Camp Hatila Road and Myrtle Grove Sound. The zoning density requirements allow for up to 2.5 units per acre of either single or duplex units. However, in keeping with the current concerns of New Hanover County, lot sizes have been voluntarily increased for lower density, to enhance privacy and to preserve as much green space as possible. The community and pier are intended to help improve and stabilize the Seabreeze area and enhance the economic development and increase property values. To accommodate this, condemned buildings will be replaced by well constructed aesthetically appealing homes and pier facilities. This will be accomplished with the utmost concern for the environment and New Hanover County’s vision for the future. Restrictive covenants will govern the architecture, construction, and use process to include the limiting of tree removal for homesites. A large portion of the property was formerly known as the Community Boys Club and previously utilized as a Boy Scout Camp dating back to 1953 in a document entitled Seabreeze, A Heritage Renewed published in July 1988. The land at that time was classified as Recreation for activities that included schooling, swimming, boating, fishing, and other water sports. The current classification is Resource Protection, Conservation. The community pier project is planned to minimize environmental impact of the area. The intent is to hurricane-proof as much as possible with new marine construction techniques, larger pilings with deeper penetration and anchoring methods, incorporating quick release and removable pier sections. Pier parking is not an issue as owners will utilize their own driveways which will be located in close proximity to the pier; therefore, traffic to and from the pier will be pedestrian oriented. The community pier is intended be a docking and staging area for only resident owners. Slips cannot be used for any other purpose. No services will be provided, as local marinas are nearby for that purpose. As nearby public boating ramps are available, there will be no boat launching ramp on the property, eliminating associated problems. All requirements and regulations are covered in the pier covenant and restrictions and will be recorded with New Hanover County. Mr. Meeks spoke on the confusion since this request was made to the Planning Board regarding the number of slips allowed per lot and the location of a community boating facility in a primary nursery area. The County’s new definition says that a community boating facility of 5 or more slips is considered marina. When presenting the request to CAMA, their definition was up to 10 slips. Since that meeting, new drawings have been submitted to CAMA; however, there appears to be a move to redraft some of the ordinances. Planning Director Hayes explained that discussion has been held about the possible need to redraft the County’s regulations because of differences between the State definition and new polices adopted in the Land Use Plan; however, at this point no decision has been made. Commissioner Davis asked if differences in the CAMA definition of a community boat facility and recently adopted policies of the Land Use Plan should be addressed before the Commissioners render a decision on the three public hearings being considered on the agenda this evening. Planning Director Hayes advised that the definition of a community boating facility will be discussed as well as other policies concerning consolidation of piers and marinas. Further discussion was held on why the definitions in the Land Use Plan were approved by the State agencies when there are significant differences in the regulations. Planning Director Hayes explained that State agencies did review and approve the update of the Land Use Plan and the study group was aware of these differences. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 57 Mr. Meeks read a letter written by he and his wife on June 27, 2000, to Mr. Ed Brooks, Division of Coastal Management, Wilmington District Field Representative, regarding the major CAMA permit for the Turtle Beach Community Pier: Reference: Major CAMA Permit for Turtle Beach Community Pier Revisions: Work plan drawing revisions reducing the number of allowable boat slips from 10 to 4. Reasons for Revisions: Conflict in definition between CAMA and New Hanover County concerning what constitutes a marina community boating facility in a primary nursery area. Following the advice and information received from CAMA officials, the CAMA application permit process began to include plans, engineered drawings and submission of the application with fees for a New Hanover County Special Use Permit. On June 1, 2000, the New Hanover County Planning Board voted unanimously to approve the petition for a Special Use Permit for a community boating facility for the Turtle Beach Subdivision. Their findings were forwarded to the New Hanover County Board of Commissioners for further action on July 10, 2000. This decision, however, was rendered after considerable deliberation and uncertainties concerning CAMA regulations and New Hanover County recently adopted Wilmington-New Hanover County CAMA Land Use Plan Update and Comprehensive Plan. Since the regulation changes, many of the special use application hearings have resulted in controversy, turmoil, and/or concessions through negotiations. Further petitioners will experience similar problems. It is our understanding after conferring with the New Hanover County Planning Staff, CAMA representatives, and land management consultants that discussions are underway to solve the discrepancies, clear up inconsistencies, and reach a suitable compromise to satisfy the needs of the environment and all parties involved. County regulations were apparently changed after our initial review of the requirements and advice received concerning the number of allowable slips. Later when seeking guidance to complete the special use form, we were informed that the Wilmington- New Hanover County Comprehensive Land Use Plan was available only in draft form. Now that a New Hanover County Special Use Permit is not necessary in this case since the number of boat slips have been reduced to 4 slips as recommended by the Planning Board, we have been advised and plan to follow through with the request at the July 10, 2000, meeting to receive concurrence from the Board of County Commissioners and to be on record with the original request in the event a future compromise is reached and a concession is made. It is most unfortunate that this situation has caused a great deal of loss time and confusion for everyone involved, not to mention the wasted cost of the Special Use Permit, the revised work plan drawings and diminished lot values. Please find enclosed the revised work plan drawings reducing the size from 10 to 4 boat slips. The new configuration of 4 boat slips has changed for better utilization of space; however, the overall footprint remained the same minus the 6 slips. Thank you for your cooperation. Forrest and Caroline Meeks Chairman Caster requested Planning Director Hayes to comment on the date the Special Use Permit was requested in relationship to the adoption of the Wilmington-New Hanover County Comprehensive Land Use Plan. Planning Director Hayes responded that initial instructions came from CAMA before approaching the Planning Staff. The Land Use Plan was adopted in September 1999 and endorsed by the State in November 1999. Mr. Meeks stated that the problem was the difference in the County definition of a community boating facility and the CAMA definition of a marina. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 58 Chairman Caster asked Mr. Meeks if he agreed with the findings presented by the Planning Director. Mr. Meeks concurred with the findings. Discussion followed on whether the Land Use Plan should be corrected. Commissioner Howell suggested amending the Land Use Plan to prevent this type of confusion when hearing other requests for community boating facilities. Mr. Meeks stated when going through this process, he was interested in following the law and thought he had done so after discussing the matter with CAMA. Chairman Caster asked if any other persons sworn in would like to testify. Mr. Buck O’Shields, a community activists representing more than 12,000 boat owners in New Hanover County, stated that he was not aware of the recent update of the Land Use Plan or the difference in definitions of community boating facilities and marinas. Planning Director Hayes stated that the major change in the Land Use Plan was to prohibit the location of a marina in primary nursery areas in Outstanding Resource Waters. The definition of a marina in New Hanover County has always been 5 or more boat slips. Mr. O’Shields asked Planning Director Hayes if CAMA allows the location of a marina in primary nursery areas. Planning Director Hayes responded that CAMA allows a marina with 10 or less boat slips to be located in a primary nursery area. Mr. O’Shields expressed concern for not following the Land Use Plan update more closely and stated in 1997, a group was appointed to develop a comprehensive development ordinance for the City of Wilmington and New Hanover County. He advised that he was a member of the group and frequent discussions have been held during the past year on stormwater runoff, water quality, and buffer zones. A key issue discussed during the Land Use Plan update study was water access which is a major reason for people moving to our area. Language was incorporated into the plan that encouraged the County to provide adequate boating access to the public. He requested the Commissioners to review the update just submitted to CAMA to allow marinas and private boating facilities in suitable areas. The definitions of marinas should be the same to avoid mass confusion. Ms. Barbara Edwards, a resident of 7621 Scout Camp Hatila Road, showed pictures of the area and where the proposed boating facility will cross her property line as well as the property owned by Tommy Austin. She asked Mr. Meeks to explain what will happen when a 50-foot boat crosses in front of her property. Mr. Meeks explained that the drawing presented was an overlay over this part of the property and stated the boats will not be close to Ms. Edwards property. Commissioner Howell advised that he was involved with changing the Zoning Ordinance to be sure that boats would not be in front of other properties. He stated if this request is approved, he will include this as a condition of the use. Mr. Meeks presented a detailed map prepared by the engineer which showed that Ms. Edwards house to the south would not be encroached on by the proposed boating facility. Mr. O’Shields stated that 10 years ago in Bayshore Estates an incident occurred where the property lines crossed and as a result a couple of landowners were prohibited from accessing the water. He requested the Board to be sure that no encroachment of other properties would be involved with approval of the Special Use Permit. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 59 A lengthy discussion was held on the definition of a community boating facility. Planning Director Hayes explained that the County Ordinance allows 5 or more slips as a community boating facility; however, this type of facility cannot be located in a primary nursery area. In this case, by reducing the slips to 4, the pier would not be considered a community boating facility and it could be located in a primary nursery area. Mr. Meeks said that the County regulation prohibiting a community boating facility of more than 4 slips was the problem. When the number of slips was reduced, the problem was resolved; however, CAMA regulations allow a community boating facility up to 10 slips to locate in a primary nursery area. He requested the Board to approve the 4 slips and allow his request to be approved. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to approve the Special Use Permit to allow a 4- slip Community Boating Facility for the Turtle Beach Subdivision to be located at 7611 Scout Camp Hatila Road in the Seabreeze Community based on 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 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, and to direct Staff to amend the Land Use Plan to better clarify and define a commercial versus community boating facility. 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 7. PUBLIC HEARING TO CONSIDER A REQUEST FROM GALARDE AND COMPANY FOR A SPECIAL USE PERMIT FOR A COMMUNITY BOATING FACILITY AT THE MASON’S BLUFF DEVELOPMENT IN THE 2400 BLOCK OF MIDDLE SOUND LOOP ROAD (S-462, 06/00) Chairman Caster opened the Public Hearing and 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 Clerk to the Board. The following persons were sworn in: Dexter Hayes Kenneth A. Shanklin Steve Morrison Laura H. Howery John Galarde Jay Peterson Buck O’Shields Ralph Baldwin Carol Baldwin Planning Director Dexter Hayes showed slides of the site and reported that the property was located in the Middle Sound area and was zoned R-20 Residential. He pointed out the proposed subdivision showing the number of lots as well as the number of proposed boat slips to accommodate the lots. Planning Director Hayes reported that two representatives for the petitioner presented the legal and environmental aspects of the site plan in relation to the Land Use Plan and the Zoning Ordinance at the Planning Board meeting held on June 1, 2000. Two residents of Middle Sound, including an adjacent property owner, spoke in opposition to the request based on views and community character that could be impacted by the proposed boating facility. Discussion was held NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 60 about the policies established by the Land Use Plan concerning marinas. Ultimately, the Planning Board unanimously voted to recommend approval of the community boating facility with the condition that the riparian rights for the other waterfront lots within the Mason’s Bluff Subdivision be relinquished. This means that if the request is approved, there will be only one community boating facility for all the waterfront lots serving the subdivision. 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 served by community water and a private septic system. B.The site is located in the Ogden Volunteer Fire Department. C.Access to the facility will be conferred to the residents of the subdivision. 2.The Board must find that the use meets all required conditions and specifications of the Zoning Ordinancebased upon the following findings: A.The subject property is zoned R-20S and the land classification is Conservation. Community boating facilities are permitted by Special Use Permit in the R-20S zone. B.The zoning ordinance requires that the petitioner must demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds and conservation resources. C.Off street parking must be provided on site at one space per boat slip, or on nearby residential lots. D.The number of boat slips must not exceed the number of residential lots or dwelling units within the associated development. E.The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. F.Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies, and foodstuffs, shall be strictly prohibited. 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 surrounding land use is residential. The surrounding zoning is R-20S. B.Other private residential piers are located in the vicinity. 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.New Hanover County land use policies encourage the consolidation of riparian access. This community boating facility will serve all lots in the Mason’s Bluff Subdivision. B.County policies state that the development of marinas should be allowed as a means of providing public access provided they do not adversely affect estuarine resources NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 61 or public trust waters, they shall not be allowed in primary nursery areas, SA or ORW waters, high ground facilities are acceptable. Planning Director Hayes reported that Staff was concerned about being consistent with the Land Use Plan which states that the community boating facility shall not exceed 4 slips. However, consolidating the riparian rights of the three water front lots (12 possible private slips) into one community boating facility of 10 slips meets the intent of the County’s Land Use Policies. The developer has agreed to relinquish riparian rights for the other waterfront lots, which will be in keeping with the intent and purpose of the Land Use Policies. Chairman Caster asked if the petitioner would like to testify. Mr. Kenneth A. Shanklin, the attorney representing the petitioners Laura Howery, Mary Horrell, Jim Lea and Catherine Lea, informed the Board that two acres of land were being divided into 10 lots with 3 waterfront lots. Under the current zoning, 12 slips can be constructed without receiving approval from the Board of County Commissioners. The petitioners would like to reduce the number of boats slips to 10 to reduce the impact on the environment. Mr. Shanklin advised that Mr. Steve Morrison, a representative of the Land Management Group, Mr. John Galarde, a representative of Galarde & Company, and Ms. Laura Howery will provide sworn testimony regarding the request. He reported that after these presentations have been made, he would like to address legal issues regarding community boating facilities and the Wilmington-New Hanover County Comprehensive Land Use Plan. He stated that in his opinion the request to reduce the boat slips to 10 will comply to the Wilmington-New Hanover County Land Use Plan, State CAMA regulations, and the New Hanover County Zoning Ordinance. Mr. Steve Morrison, representing the Land Management Group, advised that he was familiar with the Mason’s Bluff area and the proposed project. The land has been inspected and the firm has delineated the 44 wetlands with representatives from the U. S. Army Corps of Engineers and CAMA. These officials visited the site to approve wetland lines and to discuss the project before it was drawn and prepared. Based on past projects, the proposed community boating facility will not injure adjoining property values and could likely enhance values. Mr. Morrison presented slides showing the preferred plan which represents10 boat slips in the water for 10 lots. There will be a slanted configuration of the pier coming off the land to the water’s edge beyond the marsh for alignment with the mouth of Mason’s Creek to avoid using one quarter of the distance of the water body restriction to prevent the pier being pushed back into shallow water. This plan represents only one pier with one set of impacts to the marsh to reach navigable water. The Special Use Permit is needed because of the 4-slip limitation on a community boating facility. Mr. Morrison explained that under CAMA major permitting, each individual waterfront owner would be entitled to apply for up to 4 slips and reach the same navigable water with three piers impacting the marsh with12 slips. This plan does not have to be approved by the Board of County Commissioners, and it represents a poor alternative both aesthetically and environmentally. Mr. Morrison noted that the advantages of a consolidated single boating facility as being by proposed by the petitioner are as follows: 1.The developer has the ability to restrict riparian rights with a conservation easement to prevent other piers being extended from the shoreline. If the Special Use Permit is approved, the petitioners have agreed to condition. 2.The proposed facility will have less than one-half of the impacts to coastal wetlands by avoiding temporary disturbances from machinery working on mats to erect the pier and permanent displacement of habitat through piling placements in the water. 3.Aesthetically one pier is more attractive than three piers. 4.Maintenance and repairs of the boating facility will be controlled by the homeowners association. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 62 5.Operations and safety of the facility will be handled by the homeowners association. 6.One pier will not be as costly as four piers. In concluding the presentation, Mr. Morrison recommended that the Board consider placing language in the Wilmington-New Hanover County Comprehensive Land Use Plan to align with CAMA’s marina definition, which is 11 or more slips, and to adopt complimentary use standards for uses in estuarine waters. This standardization will result in a more predictable permit review at the County and State levels while protecting established coastal management and State water quality standards. These issues should be aligned to avoid future problems with the permitting process for boating facilities. Mr. Morrison offered his services to the Planning Staff when preparing the amendments to the Land Use Plan. Ms. Laura Howery, a petitioner and resident of 302 Poplar Grove Road, reported that she had lived in Middle Sound for most of her life and stated she would continue to live in her mother’s home after it becomes Mason’s Bluff Subdivision. She advised that it would be in the best interest of the area for the subdivision to be developed in an attractive and well maintained manner. She requested the Board to approve the Special Use Permit. Chairman Caster asked Ms. Howery if she agreed with the findings as presented by the Planning Director. Mr. Howery concurred with the findings as presented. County Attorney Copley asked Attorney Shanklin if he had authorization to agree with the findings as presented on behalf of the Mr. and Mrs. Lea. Attorney Shanklin responded that he had authority and he concurred with the findings as presented. Chairman Caster asked Mr. Galarde if he agreed with the findings as presented. Mr. Galarde concurred with the findings as presented. Mr. John Galarde, the developer of the property for the owners, advised that the proposed plan will be 100 feet instead of the required 80 feet from the channel. When developing a boating facility in Pender County with 7 waterfront lots, the requirements allowed 28 boat slips; however, the plan was consolidated to 10 boat slips. A conservation easement was used to restrict other property owners from constructing piers. This type of plan has worked well, and in the future, the County should consider allowing these types of consolidated boating facilities to avoid rows of unsightly piers along the waterway. Another advantage of a private boating facility is that the homeowner association will be responsible for maintaining the facility, which is quite beneficial after hurricanes. County policies should allow riparian access to public trust waters as encouraged by the Land Use Policy to avoid overcrowding of public boat ramps and marinas. The placement of a private boating facility in a community does not reduce the value of adjacent properties, but usually enhances the value of lots. In concluding his remarks, Mr. Galarde requested the Board to approve the Special Use Permit as submitted. Attorney Shanklin referenced the package presented to the Board and stated that his presentation was concluded. He said after reading the Land Use Plan, there are always conflicting policies and the regulations must be followed. The proposed use meets the four general requirements outlined in the New Hanover County Zoning Ordinance. He requested the Board to approve the Special Use Permit to allow the petitioners to provide a consolidated boating facility that will be more environmentally sensitive and more attractive for the subdivision. He also referenced the definitions in the New Hanover County Zoning Ordinance for commercial marinas and community boating NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 63 facilities and stated there is a great deal of confusion when these regulations are compared to CAMA regulations under CAMA NCGS 113A-107 and CAMA NCGS 113A-108, which defines a marina as 11 or more boat slips. He stated that all Land Use Plans adopted according to these articles within coastal areas have to be consistent with State guidelines. If the Board grants this Special Use Permit for a consolidated marina under the Zoning Ordinance, the use will be in compliance with CAMA and CRC rules and regulations. Mr. Jay Peterson, a resident of 1305 Middle Sound Loop Road, spoke in favor of one consolidated pier instead of three piers for the Mason’s Bluff Subdivision, but he expressed concern for the overall beauty of the Middle Sound Community. This area has been spared from installation of piers across one-half of the width of a narrow strip of property. There are many long narrow properties that run from Middle Sound Loop Road to the waterway. Middle Sound is a great deal like Landfall, where most of the waterfront is clear of obstructions. This has created a waterway with very few piers and the beauty of the coastline in this area has been preserved. If the proposed boating facility is approved, this narrow strip of land will have boats parked on the entire width of the property. The zoning case approved for the Registers set a precedent with approval of 20 boat slips, and it appears that more piers will be approved along the waterway. He requested the Board to rethink the Zoning Ordinance to develop regulations that will prevent rows of piers along the waterfront throughout New Hanover County. Mr. O’Shields emphasized the importance of recognizing the rights of the property owner, who has a right to develop the property in compliance to State and County laws. Every property owner on the waterfront pays taxes to New Hanover County. He also requested the Clerk to reflect in the record his prior statements regarding the language that was incorporated in the Wilmington- New Hanover County Comprehensive Land Use Plan update that encourages the County to provide adequate boating access to the public. He requested the Board to direct the Planning Staff to review differences in the CAMA definition of marinas and the Land Use Plan update to see if the plan can be amended to have similar definitions to avoid confusion. He urged the Board to allow marinas and private boating facilities to be placed in suitable areas to address the water access need. Mr. Ralph Baldwin, a resident of 2519 Middle Sound Loop Road, presented a picture of the present view of the waterfront next to the subject property and stated if this boating facility is approved, this pier will be unsightly and spoil the only natural view left between Landfall docks and this area. It is important to note that when special use permits are issued for a variance to zoning, there are ways to buffer the changes and make the differences more pleasant to tolerate. When altering landscapes along the Intracoastal Waterway, environmentally there is no way to make a transition that will be pleasing to the neighbors. The adjacent property owners are left with what is allowed in the zoning district. When viewing a dock, it appears like a line of trucks ready to leave a commercial setting. The consolidation of the use to one pier is better, but if this type of development continues, there will be no natural views left in the Middle Sound area. These projects are fueled by growth and frequently we overlook the long-range impacts which often impact on the beauty of where we live and why we live here. Mr. Baldwin requested the Board to allow the residents in Middle Sound to have a beautiful and clean environment. Commissioner Howell informed Mr. Baldwin that two choices could be made by the Board, approve a consolidated plan with 1pier and 10 boat slips, or approve 3 piers with 12 slips. He asked Mr. Baldwin which plan would he prefer. Mr. Baldwin responded that one pier was more desirable, but the Board should consider the future and how the waterway will look if piers are placed along the waterfront. Ms. Carol Baldwin, a resident living on the south side of the proposed development, stated she was born and raised in Middle Sound. For years, when the sun rises, it comes off the land and waterway. When this boating facility is constructed, she will see the sun rise through 10 docks with 30 feet boats up on hoists. It is difficult to think that her property value will not be reduced when this pleasant view is disturbed. She requested the Board to consider the size of the facility when deciding on this request. Chairman Caster closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 64 Commissioner Davis asked Planning Director Hayes if the Board approves the request, would it be consistent with the Land Use Plan. Planning Director Hayes responded that he felt approval of the request would not be wrong. The key issue is consolidating the boating facility into one pier with the condition that all riparian rights for waterfront lots within the Mason’ Bluff Subdivision will have to be relinquished. The consolidated facility is more consistent with the Land Use Plan. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to approve the Special Use Permit for a 10 slip Community Boating Facility for Mason’s Bluff Subdivision located on Middle Sound Loop Road subject to the riparian rights for the waterfront lots within the Mason’s Bluff Subdivision being relinquished 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 7. PUBLIC HEARING TO CONSIDER A REQUEST FROM RICHARD LOCKWOOD FOR JOHN’S CREEK HOMEOWNERS ASSOCIATION TO EXPAND AN EXISTING COMMUNITY BOATING FACILITY LOCATED ON JOHNS CREEK ROAD, MYRTLE GROVE COMMUNITY (S-463, 06/00) Chairman Caster opened the Public Hearing and 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 Clerk to the Board. The following persons were sworn in: Dexter Hayes Richard P. Lockwood Buck O’Shields Planning Director Dexter Hayes reported that Mr. Richard Lockwood has requested a Special Use Permit to add 10 slips to an existing 14 slip community boating facility for John’s Creek Subdivision located on Myrtle Grove Road. At the Planning Board meeting held on June 1, 2000, discussion was held regarding policies established by the Land Use Plan concerning marinas. The Planning Board voted unanimously to recommend approval of expanding the existing facility by 10 slips with the condition that riparian rights for existing waterfront lots within the John’s Creek Subdivision be relinquished. 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 served by a private well and septic system. B.The site is located in the Myrtle Grove Volunteer Fire Department. C.Access to the facility will be conferred to the residents of the subdivision. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following finding: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 65 A.The subject property is zoned R-15 and the land classification is Conservation. Community boating facilities are permitted by Special Use Permit in the R-15 zone. B.The Zoning Ordinance requires that the petitioner must demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds and conservation resources. C.Off street parking must be provided on site at one space per boat slip, or on nearby residential lots. D.The number of boat slips must not exceed the number of residential lots or dwelling units within the associated development. E.The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. F. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies and foodstuffs, shall be strictly prohibited. 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 surrounding land use is residential. The surrounding zoning is R-15. B.The existing Community Boating Facility has 14 slips. C.Other private residential piers are located in the vicinity. 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.New Hanover County land use policies encourage the consolidation of riparian access. B.County policies also state that in tidal waters, docks shall be limited to the minimum necessary to provide riparian access to waterfront property owners. C.County policies state that the development of marinas should be allowed as a means of providing public access provided they do not adversely affect estuarine resources or public trust waters, they shall not be allowed in primary nursery areas, SA or ORW waters, high ground facilities are acceptable. Planning Director Hayes noted that Staff was concerned about the existing boating facility having more slips than existing lots. It was difficult to use the same logic in terms of the additional slips being consistent. The Planning Board felt if the residents were willing to relinquish remaining riparian rights for waterfront lots within John’s Creek Subdivision, the use would be acceptable and could comply with the Land Use Plan for the expansion of the marina. Commissioner Davis asked if Staff concurred with the opinion of the Planning Board. Planning Director Hayes advised that it was difficult to respond because there is no clear cut answer to this request. If it could be determined that the existing 4 waterfront properties still retain riparian rights, it would assist the Board in rendering a decision. Commissioner Davis noted that under existing regulations, the 4 existing waterfront property owners have the right to build a private pier with four slips each which would equate to 16 extra slips. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 66 If these property owners relinquish their riparian rights and the Special Use Permit is approved, only 10 additional slips would be added to the existing facility, which would be similar to the other case. Planning Director Hayes explained that the condition to relinquish the riparian rights was developed after Staff’s recommendation was written; therefore, he felt that Staff could accept the proposed request based upon this condition. A key issue to question the petitioner about is whether the 4 waterfront property owners still have their riparian rights. Chairman Caster asked if the petitioner, Richard P. Lockwood, would like to testify. Mr. Lockwood, representing the John’s Creek Homeowners Association, stated after reviewing the covenants, it appears that the 4 waterfront property owners still have their riparian rights. Commissioner Davis asked if the property owners would be willing to relinquish their riparian rights. Mr. Lockwood responded that the covenants could be changed to require the property owners to relinquish their riparian rights, but they have already agreed to comply to this condition. Chairman Caster asked Mr. Lockwood if he agreed with the findings as presented by the Planning Director. Mr. Lockwood concurred with the findings as presented. Mr. Lockwood reported that a CAMA permit was granted in 1991 for 26 boat slips, which expired when property was transferred from the original developer to the homeowners association. Since that time, contact has been made with CAMA and there is no problem with renewing the permit for 26 slips. A chart was provided by the Shell Sanitation Section that has different restrictions that would impact shellfish closure with a maximum of 30 slips, 24 feet long with no heads or cabins. The proposed expansion complies to these regulations. No dredging will be required with the additional slips. Mr. Lockwood informed the Board that the original boating facility was permitted in 1986 for 10 slips and changed to 26 slips with only 4 slips constructed. After numerous hurricanes, the facility was rebuilt with a stronger structure. He presented pictures of the boating facility and stated the request is to add 6 slips to the north end and 4 slips to the south end. If the Special Use Permit is not approved, the alternative will be to construct the 4 piers, which will not be good for the environment. The proposed plan does comply with the provisions for a Special Use Permit and all conditions have been met with the possible exception of the definition of a marina. Mr. O’Shields requested the record to reflect his prior statements regarding the language that was incorporated in the Wilmington-New Hanover County Comprehensive Land Use Plan update that encourages the County to provide adequate boating access to the public. He requested the Board to direct the Planning Staff to review differences in the CAMA definition of marinas and the Land Use Plan update to see if the plan can be amended to have similar definitions to avoid confusion in future requests. He urged the Board to allow marinas and private boating facilities to be placed in suitable areas to address the water access need. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to grant a Special Use Permit to expand the existing boating facility at John’s Creek Subdivision by 10 slips subject to the condition that riparian rights for the waterfront lots within the subdivision shall be relinquished, and add to the findings that 26 slips were originally approved for the boating facility in 1991 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 67 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 7. PUBLIC HEARING TO CONSIDER A REQUEST BY HERMAN HALL TO REZONE 9.28 ACRES LOCATED ACROSS FROM MIDDLE SOUND LOOP ROAD IN THE 7100 BLOCK OF MARKET STREET FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS. A PORTION OF THE REQUEST WAS MODIFIED TO CD(B-2)(Z-703, 05/00) Chairman Caster opened the Public Hearing and announced that the conditional use process requires a quasi-judicial hearing; therefore, any persons wishing to comment must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Jim MacDonald Bill Austin Charles Hall Buck O’Shields Harper Peterson Pamela T. Kersting Jack Wiggins Jay Peterson Curtis Wright Paul Veringa Scott Stewart Planning Director Dexter Hayes reported that the request was a combination of B-2 Highway Business zoning and Conditional Use(B-2) for a portion of the same property. The land classification for the area is Developed. The purpose of the Developed classification is to provide for continued intensive development and redevelopment of existing urban areas. There are plans in place for additional residential and commercial development in the immediate vicinity of the property. The applicant’s representative presented the petition and explained that the request had been amended as per the recommendations of the Planning Board during their May 4, 2000 meeting and as per staff comments. The Planning Board reviewed this case on two separate occasions with the recommendation agreed upon at the last meeting of the Planning Board. The petitioner has provided a 50 foot wide right-of-way dedication along the northern property line. Several neighbors from the Middle Sound area presented a variety of concerns about the proposed right-of-way dedication and the rezoning. The Planning Board voted 3-1 to recommend approval of the B-2 and the CD(B-2) proposal as amended with the following conditions: 1.The right-of-way improvements must be made in conjunction with the first development on the property. 2. The Planning Board requests that the developers of the property and NCDOT make every effort possible to save the large trees on the site. The road will have to be built according to NCDOT standards and specifications. The driveway permits and final design for the intersection will have to be approved by the NCDOT. Staff recommended two conditions to the Planning Board: (1) the petitioner should consider submitting a conditional use rezoning for the entire 9 acres and the petitioner was not willing to commit the entire site to a conditional use; and (2) to require completion of the right-of-way dedication through the subdivision application process, which has occurred since the initial zoning was submitted. The Technical Review Committee of the Planning Board has approved a 50-foot NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 68 right-of-way dedication for the connecting roadway to be built prior to any new development in accordance with NCDOT specifications. Discussion and meetings have been held about future development of the Middle Sound/Ogden community, and Staff has tried to obtain a connection through this area to access properties on the west side of Market Street with 4,000 homes in various stages of planning and building. In reviewing the various options and alternatives for obtaining better collection access to those properties, the City and NCDOT officials were requested to review the various alternatives and Mr. Bill Austin, the City Transportation Planner, is present and will comment on the best access to provide for planned residential communities on the west side of Market Street and eventually through Murrayville Road north and south to Gordon Road. Commissioner Davis asked if a study had been conducted concerning the impact of the new road. Planning Director Hayes explained that a study was conducted in 1998 on alternatives for serving residential development to the west of Market Street. Commissioner Davis asked if the zoning is approved, will it be consistent with the Land Use Plan. Planning Director Hayes responded that the proposed zoning would be consistent with the commercial zoning that has already been approved. There is only one access to the property west of Market Street. Other entrances in the area are either substandard or right-turn only and are too close to the existing intersection. This new intersection will be an improvement to traffic at Ogden and Middle Sound as well as provide additional access to the north and south of Murrayville Road and Gordon Road. This is an opportunity to protect an access directly across from the Middle Sound intersection. If the subject property is divided or sold to separate property owners, the chance of providing the intersection would be more difficult to obtain. Mr. Bill Austin, Transportation Planner for the City of Wilmington, reported that the Urban Area Transportation Planning Staff was asked by New Hanover County Staff to work with Coastal Carolina Developments, Inc., the firm developing properties on the north and west side of Market Street, regarding a connector street network and the need for a connection to on-going development in that area. Mr. John Ponder, a City Transportation Planner, developed a model of traffic flows and how these flows would work with the larger urban area network, primarily on Market Street, the U.S. Highway 17 Bypass, Gordon Road, and Murrayville Road. Three recommendations were made for the development of a transportation network in this area, one of which was the Middle Sound Road connector. This is an important connection because of existing access from two right-in right- out intersections. With the volume of traffic in this area, a signalized intersection is necessary. If this improvement is not made, there will be two three-legged intersections within 500 to 800 feet of each other, which is an operational nightmare. Creating a four-legged intersection at this site is desirable and would allow the traffic to flow. The TRC reviewed and approved the concept of the plan for this area. Commissioner Howell noted that many residents in the Gorman Plantation area feel the proposed intersection will only increase traffic in this area, which is already a problem. It appears that Mr. Austin and Planning Director Hayes feel the Middle Sound intersection will relieve traffic in the entire area as well as provide better access to the U. S. Highway 17 Bypass, Gordon Road, and Murrayville Road. Commissioner Howell expressed concern for the residents not understanding the purpose of the proposed intersection. Mr. Austin explained that this intersection would fit into the larger urban area thoroughfares plan and the Long Range Transportation Plan for 2025. When the plan was prepared, it was anticipated that a tremendous amount of growth would occur in this area. Commissioner Howell explained that the residents are concerned that traffic will flow through Red Hawk Road to Covil Avenue and over to Military Cut-Off Road. There may be some people who may use this route but in the long-term, more people from Middle Sound will be driving through other neighborhoods. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 69 Mr. Austin stated that in order to prevent cut-through traffic inter-connectivity has to be established between neighborhoods with good connectors to all major thoroughfares in the area, which would be Gordon Road, Murrayville Road, and Market Street. Commissioner Howell agreed with Mr. Austin, but stated all residents believe that neighborhoods should be connected as long as the connectors are not in their neighborhoods. Commissioner Davis asked Mr. Austin if the proposed 50 foot extension will help traffic congestion or will it actually increase the existing traffic problem. Mr. Austin stated in his opinion the extension will help traffic congestion. Plans are already drawn for a 4,000 unit housing development in this area. The traffic generated by these houses will have to access the major thoroughfares, whether through the proposed intersection or through unsignalized intersections, which eventually require traffic signals that will be within 500 to 800 feet of the existing Middle Sound Intersection. This will create an off-set intersection with two traffic signals instead of one. It would be better to coordinate one traffic light with the extension than having to coordinate two traffic signals within a short distance. The proposed intersection would provide for a better traffic flow. Commissioner Davis asked Mr. Austin if he was concerned about the cut-through traffic between subdivisions and the endangerment of this increased traffic to residents and children living in these neighborhoods. Mr. Austin responded that he did not feel a high degree of cut-through traffic would occur in these neighborhoods because the Market Street corridor will be considerably better in the next six to ten years with completion of the Smith Creek Parkway and the Highway 17 Bypass from Porters Neck to U. S. Highway 421. These thoroughfares will become alternative routes to Market Street and it is estimated that 12,000 to 14,000 vehicles per day will detour on the by-pass freeing up capacity on Market Street. Commissioner Davis commented on the concern for the older irreplaceable oak trees, and he asked if the impact to these trees had been determined if the proposed 50 foot extension is approved. Mr. Austin responded that County Staff should be instructed to preserve as many of the oak trees as possible if the extension is granted. The only way to know how many trees can be preserved is when the design stage of the intersection is completed. Chairman Caster asked if the petitioner would like to testify. Mr. Jim McDonald, the attorney representing the Hall family, presented an aerial photograph of the area and noted that the property had been in the Hall family for 51 years. The neighborhood has changed dramatically and uses of property have changed drastically over this period of time. Mr. McDonald stated for clarification the information in the agenda packet to the Board of County Commissioners reflects references to the zoning case involving a 9.2 acre tract; however, there are over 3 acres currently zoned B-2 Business, which are 200 feet of frontage depth wise. The tract is comprised of approximately 600 feet of frontage on the road with a depth of 500 feet. The Jones Fish Camp restaurant is located on the right and the proposed road dedication would be located on the north side of the property. The extension would be located where the barber shop is located. The barber shop would have to be demolished, and one or two oak trees would have to removed for the road extension. He advised that currently many businesses are located along this area of Market Street, a barber shop, dry cleaning business, restaurant, and church with little objection from the surrounding neighborhoods. The major concern of the residents is whether the extension should be granted and concern for the oak trees. The use of the property as B-2 Business is consistent with the Land Use Plan because of surrounding B-2 zonings on three sides of the property. If the entire 9.29 acre tract is rezoned B-2 Business, it will provide more flexibility for development through the location of structures which will save more oak trees. This request is consistent with trying to address these needs. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 70 Mr. McDonald reported that when the Hall family submitted the original application, the request was for B-2 Business zoning with no intent to dedicate a 50 foot road through the property. After conversations with the Planning Staff and recommendations of the Planning Board, it became apparent that in order to be more consistent with the Land Use Plan and better serve the needs of the community, it would be appropriate for the Hall family to offer a Conditional B-2 Use on the 50 foot strip and agreed to dedicate that as a roadway and part of the zoning package. Through recommendations of the Planning Staff, it was felt that a four-way intersection at this location would facilitate a better traffic flow for the community. As a result, the Hall family agreed to the CD (B-2) rezoning request. The Planning Board approved the B-2 and CD(B-2) request with the 50 foot right- of-way dedication along the northern property line subject to the right-of-way improvements being made in conjunction with the first development on the property, and the Planning Board requested the developers and NCDOT to make every effort to save and protect the large oak trees. The Hall family agreed with the Planning Board recommendation and conditions. Mr. Charles Hall, son of Mr. Hall, said that his father would like to be present but he was emotionally distressed over the issue. He has lived in Ogden since 1949 and has been involved with the community for many years. B-2 zoning is on the front of the property, and his father was disappointed when this zoning was applied to the property without his consent years ago. His father’s house is on the property zoned B-2. When filing the B-2 request, the intent was to get rid of the mobile home park on the back of the property. There are 20 rentals on the property, 15 residential and 5 commercial rentals. The family requested rezoning the remaining portion of the 9.2 acres as B-2 Business to allow the family to expand the B-2 use where the car lot and seasonal business selling plants and pumpkins is located. Mr. Hall reported that he and his brother had met with some of the residents opposed to the rezoning on two occasions. He advised that the family was opposed to the roadway when it was first presented by the Planning Director because of having to provide the road dedication. After further discussion, the family agreed to the road dedication and felt the intersection would be better for the entire community. Mr. Hall referenced the concern of the community about saving the oak trees and stated that three trees are located on the front of the B-2 site where the potential roadway will be located. It does not appear that the trees are 200 years old. After measuring the trees, the diameter of the largest tree on the front of the lot is 3 feet 6 inches. Measurements were also made on the largest trees located on the property. In the R-15 District, the diameter of the three largest trees was 1 foot 2 inches, 1 foot 7 inches, and 2 feet 3 inches, which indicates that the trees are not 200 years old. Commissioner Davis asked if there were any plans to develop the property and asked if Atlantic Developer has been contacted. Mr. Hall responded that he was not familiar with Atlantic Developer but stated there was a contract with a development company from Atlanta, and some of the opposition may have seen the plan; however, no commitment can be made to the plan because there are 99 escape clauses to their contract. The Hall family is requesting the rezoning without regard to a particular developer. No agreement has been reached with any developer for use of the property. The request is consistent with the Land Use Plan and a vote in the affirmative would be appropriate. Commissioner Davis explained to Mr. Hall that the question has been asked because of the information received from concerned citizens about the rezoning. Mr. Buck O’Shields, a resident of Middle Sound for ten years, stressed the importance of the residents understanding that in the State of North Carolina counties are prohibited from condemning property for roads. For years, the County Commissioners have been blamed for poor planning in the provision of roads. This function is the responsibility of the N. C. Department of Transportation. In the last 26 years, there are only two cases when the County was able to acquire an expansion for a th road right-of-way: (1) the 17 Street extension across Shipyard Boulevard where the property owner was willing to provide a wider strip abutting Shipyard Boulevard for the intersection; and (2) when the Landfall plan was presented to the County, the developer left additional property for the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 71 expansion of Eastwood Road to the shopping center. Both of these cases have been excellent examples of how traffic was improved in these areas. Mr. O’Shields expressed appreciation to the Hall family for agreeing to dedicate the 50 foot easement because the intersection is badly needed. The concern for the generation of more traffic through Middle Sound with the proposed road extension is a stretch of the imagination. A few years ago, the Board of County Commissioners allowed a connector through Gorman Plantation through Covil Estates and out to Military Cut-Off Road, which was a good decision. It has improved the traffic flow. The trees are of concern to all residents, but New Hanover County has a comprehensive plan for preserving trees. Any tree over the size of 8 inches has to be identified and shown on the site plan for development of a tract of land. If any significant trees are removed by a developer, the County Ordinance requires that several trees of different sizes must be planted before the plan is approved. Mr. O’Shields commented on the petition circulating in the community and stated that many people who signed the petition do not live in the Middle Sound area. He said the proposed intersection will be an asset to Middle Sound. Chairman Caster referenced the petitions presented to the Board with 861 signatures and presented them to the Clerk for acceptance. The petitions were marked as Exhibit I. Chairman Caster asked if any persons sworn in would like to testify in opposition. Mr. Harper Peterson, a resident of 212 Orange Street, reported on the pleasure of working with the County Commissioners over the past four years as a City Council Member in developing the Wilmington-New Hanover County Comprehensive Land Use Plan. This update was a land use and development policy for the County. The plan attempted to promote economic growth and at the same time preserve our neighborhoods and natural resources. Currently, this document is being companioned by the Unified Development Ordinance. He expressed appreciation to Chairman Caster and Commissioner Birzenieks for the effort given to develop these documents. Mr. Peterson advised that when he was a member of the City Council he served as the Chairman of the Transportation Advisory Committee (TAC) with Commissioner Howell. There was a great deal of concern about current road facilities absorbing the tremendous amount of growth, specifically on Market Street between the Ogden Park entrance and Middle Sound Loop Road. The carrying capacity acceptable for safety and movement of vehicles is between 30,000 to 35,000 cars per day. As of last April, the NCDOT traffic count was 47,000 vehicles per day, which is close to 50% over capacity. One item focused on by the TAC was concern about identifying corridors for future road development. The Military Cut-Off extension going up to the 17 Bypass is an important corridor for future development and an important part of the Long Range 25 Year Thoroughfare Plan. Everyone is aware of what happened in the southern part of the County when the corridor for the right-of-way of the Southern Loop was lost. Pressure and traffic were placed on South College Road and Carolina Beach Road creating a traffic problem. It is important for jurisdictions to identify, respect, and retain those corridors. Chairman Caster noted that identification of corridors would be the solution if the NCDOT was willing to pay for the property. Mr. Peterson responded that negotiations having been going on for years in trying to urge the State to appropriate money in advance and purchase the property with the jurisdictions reimbursing the State when the construction is started. It is hoped that with continued lobbying, this goal will be accomplished. Mr. Peterson advised that the development occurring in the West Bay and the Coastal Carolina area just north of Market Street will greatly impact traffic in this area. Of the 4,000 sites, 2,500 have been developed and 1,500 will be developed. The Military Cut-Off corridor will go through this area. In the core of the Middle Sound Loop Road, there are presently 2,000 lots that have been developed with the potential 1,500 additional lots. In the Porters Neck area, 450 lots have been developed with the potential of 900 additional lots. In the Marsh Oaks area between Bayshore and Porters Neck, approximately 75 lots have been developed with the potential of 200 additional lots. This adds up to 4,000 plus additional homes in this area. When considering traffic, a single NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 72 home generates between 8 to 10 trips per day, which means that the proposed new development will generate 35 to 45 additional trips per day that will directly affect the Market Street corridor. Mr. Peterson spoke on the commercial zone in the immediate area of the intersection at the Middle Sound Loop Road and Market Street and stated that over 100 acres are zoned for B-2 Highway Development. Over 20% of the 100 acres have been developed today. It is difficult to imagine the tremendous impact from this development on traffic in this area as well as on the Market Street corridor when this commercial zone is fully developed. Two large developments could potentially be constructed, but the transportation facilities should be in place to absorb the additional traffic. Part of the Land Use Plan was transportation alternatives to use of the car, such as local transit, transportation demand measures such as car pooling, van pooling, off-hour shifts, bikeways, and sidewalks. With adoption of the Comprehensive Land Use Plan update, this plan can be put into action by addressing issues such as smart planning for the tremendous developments that will occur. The issue is not what is there now, but what is coming and how to address this growth. The road facilities cannot absorb the traffic that will be generated by future development. In closing, Mr. Peterson stated the proposed site is the key or epicenter for the whole northern part of the county. This could be the perfect intersection with all elements coming together to lessen the impact on a traditional neighborhood, traditional resources, and the quality of life for people who have lived in this area for 50 years or 5 years. He urged the Board to collectively as a community begin to plan for all development, not just this one rezoning. This zoning could be a catalyst for how the 100 plus acres of B-2 will be developed, and the timing for development of over 4,000 houses that will impact this area. The work has been performed over the last few years and the plan must be carried forward. He urged the Board to work with property owners, the developer, and residents of this area in discussing how this can be a better rezoning and conditional use for the betterment of the entire community. Vice-Chairman Greer asked Mr. Peterson if he was in favor of the road dedication and zoning recommended by the Planning Board. Mr. Peterson responded that the intersection was a necessary transportation facility, but consideration should also be given to the potential growth and development of the area. Vice-Chairman Greer advised that the Land Use Plan does promote this type of road dedication. Mr. Peterson agreed and stated the he understood the sensitivity and concern of the residents with the cut-through from Market Street through Middle Sound Loop Road through Gorman Plantation and Covil Estates. He stated this would happen, but planning for transportation must be considered. The residents deserve a voice to develop the best plan. He said if the Board defers action for 30 days, a good plan can be developed that will involve the citizens. Commissioner Howell asked Mr. Peterson how he would develop a plan. Mr. Peterson commented on the manner in which the Zimmer property was handled at Monkey Junction and stated the best plan was developed by coordination among the Planning Staff, property owners, developer, and surrounding residents. The completed plan will not devalue the property and it will address traffic as well as the impact on the watershed. The same type of plan should be considered for the Middle Sound area. Ms. Pamela T. Kersting, a resident of 7509 Elk Mont Court, located on the west side of Market Street, stated that since attending the May meeting of the Planning Board, she has tried to alert and educate the community on the seriousness of the proposed rezoning. This is a quality of life issue that has the potential to change the face of Ogden forever. If this zoning is not carefully researched and planned, the small village atmosphere and abundant green space will be replaced by asphalt and parking lots. The existing traffic problem on Market Street will get worse. If a road is allowed to connect into the existing intersection at Middle Sound Loop Road and Market Street, and this 9 acre tract is given a blanket B-2 rezoning, many 200 year old live oaks will be lost. The age of the trees was estimated by Mary Ann Metcalf, the County Arborists. A road connection on the site NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 73 was never on any comprehensive transportation plan nor any approved subdivision plan for the large subdivisions west of Market Street. There are better choices for the intersection such as Torch Wood Boulevard and Gordon Road which are more suited for collector streets and will not disturb existing trees or the village atmosphere in Ogden. The Board was requested to answer two questions before considering construction of the new road: (1) will the road be the driving element that will direct future growth and development; or (2) will the road add to the existing traffic congestion. Is this road proactive or reactive. In this case, the proposed road is clearly reactive and will only add to the traffic problem. These are consequences of constructing an additional road at this intersection, which are more dangerous, more congested with a longer turn around time, and will provide the quickest path to the desired destination by cutting through surrounding neighborhoods. Strip development will spring up on each corner and commercial sprawl will occur. Large roads serve only to divide and separate communities. This particular intersection lies in the heart of the community and residents want it preserved. Ms. Kersting presented slides of the large trees and requested the Board to send the B-2 rezoning back to the Planning Board for B-2 Conditional Use approval with the conditions that it will fit into the scale and context of the Ogden Community, preserve the large oak trees if possible, and require submission of a site plan to be approved by the Planning Board. The residents are afraid of losing irreplaceable oaks, the village atmosphere, and will end up with another strip mall like the nearby Big Lots and Food Lion Shopping Center if conditions are not added to the rezoning request. The residents do not wish to hurt the Hall family because they have contributed greatly to the Ogden Community and have the right to sell their property. However, the community of Ogden has the right to preserve its quality of life and the Board is being requested to research this issue and allow the residents to be involved in the plan. The proposed rezoning with the proposed road does not have the support of the community when petitions have been submitted with over 950 signatures of residents opposed to the road connection. The Board is being requested to vote against the road construction. Mr. Jack Wiggins, a resident of 109 Denise Drive, reported his street was a private street with six houses that dead end at Pages Creek directly adjacent to Mason’s Marina. This was probably the first subdivision that has been in existence for 35 years. The residents have been involved with acquiring the stop sign at Middle Sound Loop Road to a caution light and finally to a stop light after fatalities. Many new residents have moved into the area because of quality of life. With the proposed road, this village atmosphere will be destroyed. The Board was requested to deny the B-2 zoning that will create more strip zoning and add to vacant commercial space in the County. In order to control the destiny of Ogden, a traffic study is needed with input from experts and design as well as the public. The Hall family are neighbors and they do not want to destroy Ogden. They want the right to sell their property and this family would welcome a compromise that will accomplish their goal and satisfy their neighbors. The Board was requested to continue the hearing for 60 days to allow the residents more input on the proposed plan for this area. Mr. Jay Peterson, a concerned citizen of the area, said that only 50 feet has been dedicated and if NCDOT exercises its powers of eminent domain, the strip will be larger and the trees will be destroyed. The Hall family are neighbors and the residents do not want to deny them their right to sell their property. The Board was requested to defer action on this request to develop a plan that will satisfy the Hall family and residents of Ogden. Mr. Curtis Wright, a resident of 7617 Hawk Road, reported the character of the Hall family needs to be commended. They have tried to work with the neighbors but this issue is complex. In Gorman Plantation, a neighborhood set of streets with 200 trips per day at 27 miles per hour increased to 1,800 to 2,000 trips per day at 37 to 52 miles per hour. The residents have learned that when a connector street is placed through a neighborhood, the people cutting through the neighborhood speed. After watching this one connector for six years, the Board has an opportunity to allow the residents to sit down with the Hall family, Planning Staff, and NCDOT to develop a plan that will satisfy the Halls and residents of Ogden. He requested the Board to defer action on this rezoning for 60 days. Mr. Paul H. Veringa, a resident of 800 Seven Oaks Drive, requested the Board to preserve the quality of life in the Ogden Community by deferring action on the proposed rezoning to allow the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 74 residents and proper officials to develop a plan that will satisfy the residents. The Board was requested to reconsider the proposed rezoning. Mr. Scott Stewart, a resident of 6933 Running Brook Terrace and a landscape architect, reported that Middle Sound residents must depend on Market Street to service the community. The proposed intersection, properly planned could provide a connector to the west side of Market Street. The Board has a unique opportunity to develop a plan that will better serve the area and protect the neighborhood. He requested the Board to defer action on the rezoning until the developers of the property, NCDOT officials, the Hall family, and residents can sit down and come up with a compromise that will satisfy all parties. Chairman Caster closed the Public Hearing. Commissioner Davis asked Mr. Austin if postponing the request for 30 days would make it possible to discuss the traffic issue with the residents. Mr. Austin responded that a delay of 30 days would not be a problem; however, the traffic issue has already been studied. Chairman Caster asked Mr. McDonald if a 30 day delay would help to address the concerns of the citizens. Mr. McDonald responded that a group of residents are opposed to the road connector and a group of residents are in favor of the road connector; therefore, it would be difficult to satisfy both sides. The petitioner submitted the application for a B-2 Highway zoning and the Planning Staff and Planning Board recommended the dedication of the 50 foot strip to allow for development of a connector road, which was a significant concession by the Hall family. They were interested in promoting good planning. The Board will have to determine if the Planning Staff and Planning Board have recommended a zoning that will promote better traffic in the area. Chairman Caster spoke on being in favor of the road but stated that the residents need to have time to discuss how the property will be developed and how the road will impact the neighborhoods. Mr. McDonald responded that the Hall family is requesting the Board to allow their property to be used as provided to adjacent and surrounding commercial businesses. If a conditional use B-2 zoning is recommended, this will place an undue burden on the Hall family. The Board is being requested to approve B-2 zoning on the property because every effort has been made to work with the residents. Vice-Chairman Greer commented on the efforts made by the Hall family, Planning Staff, NCDOT professionals, and Planning Board to develop a plan to satisfy the community. Unfortunately, one community does not want the plan as submitted. Motion: After commenting on the efforts made by the Hall family to work with the community, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to approve the B-2 and CD(B-2) proposal with the right-of-way improvements being made in conjunction with the first development on the property and request the developers of the property and the NCDOT to make every effort to save and protect as many large trees as possible. Commissioner Birzenieks stated that personally he had been out of town and he would like more time to discuss the issue with the Planning Staff. Commissioner Davis stated that the proposed zoning was an important decision and the traffic issue should be addressed. He requested the Board to consider deferring action for 30 days so the residents, property owners, NCDOT officials, and developer could meet to see if a compromise can be reached. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 75 Substitute Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks, to defer action for 30 days to allow the residents to meet with the developer to see if a compromise can be reached. Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows: Voting Aye:Chairman Caster Commissioner Birzenieks Commissioner Davis Commissioner Howell Voting Nay:Vice-Chairman Greer PUBLIC HEARING TO CONSIDER A REQUEST BY TRIPP ENGINEERING, PC FOR ALLAN MAY TO REZONE 9.65 ACRES LOCATED IN THE 2500 BLOCK OF CASTLE HAYNE ROAD FROM AR AIRPORT RESIDENTIAL TO B-2 HIGHWAY BUSINESS AND AI AIRPORT INDUSTRIAL (Z-702, 04/00) Chairman Caster opened the Public Hearing Planning Director Hayes reported that the petitioner is requesting a rezoning from AR Airport Residential to B-1 Highway Business and AI Airport Industrial. The subject site is located south of several lots fronting on North Kerr Avenue and is currently being used to board horses. Access to the site is from Castle Hayne Road. Planning Director Dexter Hayes reported that this item had been withdrawn from the agenda th for the May 8 Planing Board meeting by the petitioner. Several property owners were present at the Planning Board’s April 6 meeting, and one neighborhood representative presented concerns about the potential impacts of this rezoning on adjacent property owners. The petitioner agreed to change the AI Airport Industrial portion of the request to B-1 neighborhood business. Agreeing with the concerns about commercial intrusion into the neighborhood, the Planning Board unanimously voted to approve the Staff recommendation to only rezone the western portion of the property B-1 neighborhood business to the same depth as the adjacent B-1 district to the north. The rest of the property should remain AR Airport Residential. Chairman Caster asked if the petitioner or anyone present would like to comment. Mr. Phil Tripp, representing the petitioner Allen May, requested the Board to approve the rezoning as approved by the Planning Board and Planning Staff. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to rezone the western portion of the property B-1 Neighborhood Business to the same depth as adjacent B-1 with the rest of the property remaining AR Airport Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA AIRPORT 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 II, Section Airport, Page 15. PUBLIC HEARING TO CONSIDER A REQUEST BY ALTON LENNON FOR ARCHIE MCGIRT TO REZONE APPROXIMATELY 20.5 ACRES LOCATED ON THE WEST SIDE OF CAROLINA BEACH ROAD SOUTH OF SILVER LAKE ROAD FROM R-15 AND R-10 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-696, 03/00) Chairman Caster opened the Public Hearing and announced the conditional use process requires a quasi-judicial hearing; therefore, any persons wishing to comment must be sworn in by the Clerk to the Board. The following persons were sworn in: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 76 Dexter Hayes Alton Lennon Cindee Wolf Archie McGirt Planning Director Dexter Hayes reported at the June 1, 2000 Planning Board Meeting, the petitioner presented a two-part zoning request. The petitioner asked for a straight B-2 rezoning on the front portion of all of the parcels fronting on Carolina Beach Road between the two existing B-2 zones. In addition, the petitioner presented a Conditional Use site plan for a few of the parcels that are centrally located. No one spoke in opposition. The Planning Board voted unanimously to approve the Conditional Use B-2 portion of the proposal with conditions. They also voted unanimously to deny the request to rezone the remaining parcels to the north and to the south to B-2 Highway Business. The Planning Board’s recommendation to approve the CD(B-2) portion of the petition was based on the following conditions in addition to the requirements of the zoning ordinance: 1. Provide a 20 feet buffer yard to the rear or western portion of the property. 2. Fencing around the storage buildings will be estate type fencing with brick columns. 3. Lighting for the facility will be unobtrusive down lighting. 4. The uses for the front two buildings (labeled 16,000 square feet and 8,800 square feet office) are limited to the attached list of uses as presented. Planning Director Hayes presented the following findings of fact: 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 site is served by Community water and a private septic system. B. The site has access from Carolina Beach Road. 2.The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. The development shall be in accordance with the New Hanover County Zoning Ordinance. B. Additional setbacks and buffering may be necessary if this entire petition is not successful. 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. Provided sufficient setbacks, landscaping and buffering are provided the surrounding residential property should be protected from the development. B. The proposed street stubs to adjacent properties may actually improve access to future residential projects to the rear of the project. 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: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 77 A. The site is located in the “Developed” land classification as defined by the 1999 Comprehensive Plan. Intensive development and redevelopment of these areas is encouraged. B. Although this CD(B-2) area is not directly adjacent to any other existing commercial zone there are other commercial uses and zoning nearby. Planning Director Hayes explained that the petitioner’s request to expand the B-2 zone north along Carolina Beach Road seemed to be excessive. If approved, this rezoning would create a B-2 Highway business strip extending approximately 3/4 of a mile north from Monkey Junction. This could have severe impacts on nearby residential properties, which would not be consistent with the plan. Chairman Caster asked if the petitioner would like to speak. Mr. Alton Lennon, representing the petitioner Archie McGirt, reported that the proposed zoning was the product of two years of efforts on behalf of Mr. McGirt to obtain a consensus of the property owners on either side of the Carolina Beach Road running from Silver Lake Road to Monkey Junction. The first effort was to obtain a consensus for B-2 Zoning, but this was not possible. Then after discussion with the Planning Staff, it was decided to submit a Conditional Use zoning. The Planning Board decided to approve the CD(B-2) portion of the petition and denied the B-2 Highway use. Mr. Lennon reported that not one single residential dwelling unit had been built along this section of Carolina Beach Road on the west side of the road for 50 years. The only residential development built on the corridor is Willoughby Park, which is located on the east side of the road. The request tonight is only for the portion of the property approved by the Planning Board. This is a project that has been well planned and the two larger buildings fronting on Carolina Beach will be allowed to have a variety of uses. The other uses have been eliminated. The remaining part of the development will be limited to office and storage uses. In closing, Mr. Lennon stated that Mr. McGirt has made a genuine effort to please the surrounding neighbors. He requested the Board to approve the recommendation of the Planning Board subject to the conditions. The plan has been modified to include the conditions. Chairman Caster asked if any other persons sworn in would like to testify. No comments were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to approve the CD(B-2) portion of the petition as recommended by the Planning Board and grant a Special Use Permit to Mr. Archie McGirt to locate a mini-warehouse and specified commercial businesses on the west side of Carolina Beach Road subject to the conditions recommended by the Planning Board based upon the evidence provided 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, and to deny the request to rezone the remaining parcels to the north and to the south to B-2 Highway Business. Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows: Voting Aye:Chairman Caster Vice-Chairman Greer Commissioner Birzenieks Commissioner Howell NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 78 Voting Nay: Commissioner Davis Commissioner Davis stated for the record he agreed with the Planning Staff and voted no because the impact of the zoning on nearby residential properties. 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, is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 4, Page 59. A copy of the Special Use Permit is hereby incorporated as a part of SUP Book III, Page 7. APPROVAL OF RELOCATING THE COASTAL HORIZONS CENTER ALPINE TOWER Deputy County Manager, Andrew J. Atkinson, reported that a number of years ago, the Coastal Horizons Center developed a “ropes course” on the Blue Clay Road. This facility was built with a State grant. After it was damaged by Hurricane Fran, FEMA paid to have it rebuilt. Now the access road for the new Jail/Sheriff’s Administrative facility must go within a few feet of the Alpine Tower; therefore, it is not possible to operate the tower with the road closed. Coastal Horizons is requesting the County to pay for relocating the tower as part of the Jail/Sheriff Administration Building capital project. The cost for the relocation is $35,320. Vice-Chairman Greer asked if the road could be moved to accommodate this need. Mr. Shawn Johnson, representing Coastal Horizons Center, Inc., reported that wetlands were located within 50 feet of the tower and there was no way to construct a road over this area. Consideration was given to moving the tower, but with the height and weight of the tower, this would be more costly than constructing a new facility. Vice-Chairman Greer suggested splitting the cost with Coastal Horizons with the County paying the money up front and Coastal Horizons paying their share within five years. Ms. Margaret Weller-Stargell expressed appreciation to the County for past and current support of Coastal Horizons. She requested the Board to assist the agency in relocating the tower. She stated since Coastal Horizons is a non-profit agency that is restricted with the use of funds received, she would have to review non-restrictive funding to determine how long it would take the agency to repay the County. Motion: After commenting on the many worthy services provided by Coastal Horizons, Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to authorize the County to pay the $35,320 and include this cost as part of the Jail/Sheriff Administration Building capital project. Upon vote, the MOTION CARRIED UNANIMOUSLY. REAPPOINTMENT OF BOB GLASGOW AS TAX ADMINISTRATOR County Manager O’Neal reported that as required by NCGS 105.294, at the appropriate first meeting in July, the Board of County Commissioners must appoint a County Assessor. In New Hanover County, this position is titled “Tax Administrator.” The incumbent administrator has met all qualifications required for holding the position and has fulfilled the continued instruction required to maintain qualifications as defined by statute for the position. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to reappoint Robert C. Glasgow as the County Assessor (Tax Administrator) for a term of two years. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF SCHEDULING A PUBLIC HEARING FOR THE MASON INLET RELOCATION PROJECT Assistant County Manager Dave Weaver reported that the Board had agreed previously to conduct a Public Hearing on the Mason Inlet Relocation Project in an effort to eliminate the need for the Corps of Engineers to conduct the hearing. He informed the Board that unfortunately not enough information had been received on the environmental assessment to schedule the hearing; therefore, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, JULY 10, 2000 PAGE 79 it would be better to wait until September. He also suggested holding a public meeting to better inform the public before the hearing is scheduled. Consensus: After discussion, it was the consensus of the Board to schedule the Public Hearing once the environmental assessment has been received from the Corps of Engineers and to authorize Staff to hold a public meeting before the hearing. APPOINTMENT OF MEMBERS TO SERVE ON THE PLANNING BOARD Chairman Caster announced that three vacancies needed to be filled on the Planning Board. He advised that nine applications have been received and two of the applicants, Rodney Harris and Frank Smith desiring to be reappointed. Motion: After discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to reappoint Rodney Q. Harris and Robert Franklin Smith to serve 3-year terms on the Planning Board and to appoint Walter R. Conlogue to serve a 3-year term. The terms will expire July 31, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Support of Resolution Presented by the Wrightsville Beach Board of Aldermen to Support Exemption for Ceratin Lots from Pending Estuarine Shoreline Buffer Regulations Chairman Caster requested the Board to consider supporting a resolution adopted by the Wrightsville Beach Board of Aldermen requesting the N. C. General Assembly to exempt all lots lying within the corporate jurisdiction of the town that were platted prior to the enactment of the pending legislation from the estuarine shoreline 30-foot development buffer regulations as currently proposed by the Coastal Resources Commission. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to support the resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Chairman Caster called for a motion to adjourn the meeting. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to adjourn the meeting. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 2:01 a.m. Respectfully Submitted, Lucie F. Harrell Clerk to the Board