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1998-11-09 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 760 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 9, 1998, at 6:30 p.m. in the New Hanover County Courthouse Assembly Room, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioner Ted Davis, Jr.; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; 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. He announced that Commissioner Birzenieks was not present because he was not feeling well. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Deputy County Manager, Andrew J. Atkinson, gave the invocation. Commissioner Howell 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 to comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented from the public. APPROVAL OF CONSENT AGENDA Chairman Caster requested the Board to remove Consent Agenda Item 6 to the Regular “Adoption Awareness Month” Agenda so the proclamation designating the month of November as could be presented to representatives of the Department of Social Services. Commissioner Davis requested the Board to ratify the appointment of Mr. Stuart Hudson to serve on the Southeastern Center Mental Health Board of Directors as part of the Consent Agenda. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Davis to remove Consent Agenda Item 6 to the Regular Agenda, ratify the appointment of Stuart Hudson to serve on the Southeastern Center Mental Health Board of Directors, and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes: Regular MeetingOctober 5, 1998 Regular MeetingOctober 19, 1998 Jail Expansion Work SessionOctober 15, 1998 Authorization to Consolidate Positions The Commissioners authorized the Parks Department to combine two seasonal Groundskeeper positions into one full-time Groundskeeper position to help meet the increasing demand in mowing and maintaining athletic fields and parks. Additional money from lapsed salaries is available in the current budget to provide benefits at a cost of $3,500. Approval of 1999 Schedule of Regular Meetings The Commissioners approved the 1999 Schedule of Regular Meetings as presented by the Clerk to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 761 Acceptance of Grant from the Cape Fear Memorial Foundation for the Cooperative Extension Service and Approval of Associated Budget Amendment #99-0049 The Commissioners accepted a grant from the Cape Fear Memorial Foundation in the amount of $40,000 for the Cooperative Extension Service. The funds will be used to upgrade kitchen facilities at Cooperative Extension so a state-of-the-art teaching arena can be developed. The following budget amendment was approved: #99-0049 - Cooperative Extension Projects DebitCredit Cape Fear Memorial Foundation $40,000 Cooperative Extension$40,000 Purpose: To budget grant funds received from the Cape Fear Memorial Foundation to upgrade kitchen facilities at Cooperative Extension. Authorization to Transfer County Ownership of Property Located at 922 North Second Street to Cape Fear Community College The Commissioners authorized staff to proceed with transferring the ownership of property located at 922 North Second Street (RO4712-005-005-000) to Cape Fear Community College pursuant to N.C.G.S. 160A-274. This building has been used by the Community College as an electronics shop. The transfer will facilitate insurance and maintenance of the structure, which has experienced greater than normal insurance property loss claims because of its age. A copy of the executed warranty deed is on file in the Legal Department. Adoption of Resolution to Add Davis Road and Roads in Belmar Forest to the N. C. Highway System The Commissioners adopted a resolution to add Davis Road and roads in Belmar Forest to the N. C. Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 33. Adoption of Resolution for the Sale of Surplus Property Jointly Owned by the City of Wilmington and New Hanover County Located at 610 South 7th Street The Commissioners adopted a resolution to sell surplus property jointly owned by the City of Wilmington and New Hanover County to Dealey Properties in the amount of $3,410. The offer to purchase has been duly advertised for upset bid. The property is identified as follows: Parcel Number Address Tax Value Amount of Offer RO054-09-011-021.000 610 South 7th Street $1,847 $3,410 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 33. Approval of Budget Amendment #99-14 to Budget Federal Forfeited Property Funds - Sheriff’s Department The Commissioners approved the following budget amendment: Budget Amendment #99-14 - Federal Forfeited Property Capital Project DebitCredit Federal Forfeited Property Capital Project Other Revenue $88,748 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 762 (Budget Amendment #99-14 continued) Debit Credit Interest $15,141 Capital Project Expense $103,889 Purpose: To increase the budget for interest earned on the project and for revenue classified as “other” (proceeds from the sale of vehicles at auction, etc.). The regulations state that any interest earned or revenue from the sale of vehicles that were previously purchased with Federal Forfeited Property funds must be used in the program. Approval of Budget Amendment #99-15 to Budget Controlled Substance Tax Capital Project - Sheriff’s Department The Commissioners approved the following budget amendment: #99-15 Controlled Substance Tax Capital Project DebitCredit Controlled Substance Tax Capital Project Controlled Substance Tax $10,700 Other Revenue $13,421 Interest12,058 Capital project Expense$36,190 Purpose: To increase the budget for interest earned on the project and for revenue classified as other (proceeds from the sale of vehicles at auction). The regulations state that any interest earned or revenue from the sale of vehicles that were previously purchased with Controlled Substance Tax funds must be used in the program. ADOPTION OF PROCLAMATION DESIGNATING NOVEMBER AS “ADOPTION AWARENESS MONTH” IN NEW HANOVER COUNTY Chairman Caster reported that November was “Adoption Awareness Month” in North Carolina, and he advised that a proclamation had been prepared to declare November as “Adoption Awareness Month” in New Hanover County. He requested the Director of Social Services to step forward and comment on this issue. Director Morris proudly announced that two veteran Social Workers, Ms. Jan Wildemann and Ms. Joan Swart, were selected as the Adoption Social Workers of the Year in the State of North Carolina. He, also, introduced Ms. Sherrill Thomas, who was selected as the winner of a State contest for presenting a poster that was considered to be the best artistic expression of feelings about adoption. A round of applause was given to the winners. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Davis to adopt a “Adoption Awareness Month” proclamation declaring the month of November 1998 as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster read the proclamation and requested each winner to step forward to receive the proclamation. A round of applause was given to the winners. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 33. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 763 PRESENTATION BY HOMEOWNERS FROM THE RUNNYMEADE SUBDIVISION CONCERNING DRAINAGE PROBLEMS Mr. Marie Gilliand, a resident of 105 Fairford Road in Runnymeade Subdivision, expressed appreciation to the Board for allowing the residents an opportunity to express their concerns about flooding in the Runnymeade Subdivision. She reported that flooding has become so severe in the past two years that streets leading to homes are impassable. Several residents have contacted the N. C. Department of Transportation (NCDOT), but no concrete answers have been received on plans to resolve the problem. The NCDOT has informed the residents that the pipes in the streets are too small, have breaks, debris, and trees growing in them. No effort has been made by the NCDOT to correct these problems. The flooding has created a public health and safety problem because emergency vehicles cannot respond to calls. The depth of standing water in the streets will reach two to four feet after a 30-minute rain. This means that emergency, fire and law enforcement vehicles cannot respond to calls in the Runnymeade Subdivision after a rainfall. Other problems being experienced are flooding of homes and many lots that are being eroded. Cars have to be parked and abandoned at the end of streets. Residents and children have to walk in the standing water with a constant watch for water moccasins and copperhead snakes. The Board was urged to help the residents resolve a flooding problem that has become a public health and safety issue to all residents living in Runnymeade Subdivision. In closing, Ms. Gilliand presented pictures and a color coded map showing the drainage easements and areas where flooding occurs after a 30-minute rain. Mr. John Bullins, a resident of 105 Fairford Road, reported approximately five years ago, the flooding began. With two inches of rain, three to four feet of water stand in his front yard. The Department of Transportation was contacted two months ago and officials visited his property. A hole had developed in the front yard that was large enough to hold a car. The Department of Transportation came several times and dumped dirt and gravel in the hole. After this procedure occurred numerous times with no results, the Department of Transportation was contacted again and the local office sent an operator and backhoe to dig down into the soil to see what was causing the problem. It was found that the 18 inch drain line running from Old Mill Road down the left side of Fairford Road to the drainage box in front of his house had a 12 inch opening between the pipe coming in and out of the distribution box. As a result, his yard received all the water flow from the drain line with development which caused huge holes and erosion of his side yard. The Department of Transportation did connect the two pipes in the drainage box. However, after three inches of rain, his yard was still flooded. During the past eleven years, he has replaced his driveway three times at his expense. Also, when flooding starts, the sewage comes into the street. In closing, Mr. Bullins urged the Board to help the residents resolve the flooding problem in Runnymeade because they are desperate for some type of relief. Ms. Gilliand said on September 9, 1998, a hydrologist form Raleigh visited Runnymeade Subdivision and performed a survey so an assessment report could be developed. At that time, she was told the assessment report would be completed within two months. Since she had not been contacted by the local transportation office, she called today and was informed the assessment report would probably not be finished until after the first of the year because of the holidays. The residents feel that another barrier has been in front of them to stop their efforts. She urged the Board to provide some type of assistance to the residents. Chairman Caster requested the Assistant County Manager, Dave Weaver, to comment on this matter. Assistant County Manager Weaver reported that contact had been made with Joe Justice in the local Department of Transportation office. Mr. Justice has promised to clean out the culvert, which is contributing to problem, before Christmas. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 764 Chairman Caster asked if cleaning out the culvert will solve the problem. County Engineer, Wyatt Blanchard, advised the flooding was a combination of the following elements: ? The creek near the subdivision needs to be cleaned out further downstream. ? The culvert in Runnymeade needs to be cleaned out by the Department of Transportation to provide for proper drainage. Vice-Chairman Greer explained to the residents that since the roads, easements, and some of the pipes are maintained by the Department of Transportation and the property owners, the only assistance that can be provided by New Hanover County is to apply pressure on the Department of Transportation officials. He recommended contacting the local transportation office to be sure the culvert is cleaned out in the Runnymeade Subdivision and the assessment report is completed and received from the hydrologist. Mr. Bullins said if the culvert is cleaned out at the end of the subdivision, it should relieve a great deal of the flooding problem. After the hurricane, some inmates were sent to clean out the culvert. The guard over the inmates informed him that a tree was growing in the line and it was impossible to cut it out. If the homeowners have to pay for removing the tree stump and opening the culvert, they are willing to assume this responsibility. Consensus: After discussion of the need for the Department of Transportation to move forward with this work, it was the consensus of the Board for the Chairman to write a letter to Secretary Tolson and Mr. Doug Bowers outlining the flooding problem and the need for the Department of Transportation to provide immediate assistance to the property owners in Runnymeade Subdivision. PLANNING PETITIONS WITHDRAWN FROM THE REGULAR AGENDA Chairman Caster announced that calls had been received from two applicants requesting the Board to withdraw the following planning petitions. 5.1Public Hearing to Consider a Special Use Permit to add 16 boat slips to the existing community boating facility serving Inlet Point Harbor Subdivision. 5.8Subdivision Appeal by SANCO pertaining to the denial of the Planning Board Chairman Caster requested direction from the Board. Motion: After discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to remove items 5.1 and 5.8 from the Regular Agenda. Upon vote, the motion carried by a 4 to 0 vote. APPROVAL OF OFFER TO PURCHASE THE CITY BUILDING LOCATED AT 138 NORTH FOURTH STREET Deputy County Manager, Andrew J. Atkinson, reported that New Hanover County has an opportunity to purchase the City Building located at 138 North Fourth Street at a price of $1,100,000. Financing will be negotiated between the City and County without any outside financing required. An appraisal has been completed by John Hooten and Associates that validates the purchase price of $1,100,000. The building will be used to house the Juvenile Court functions. By relocating these offices, a large amount of floor space will be made available on the 5th floor of Judicial Building to meet the needs of the Trial Court Administrator and provide offices for the Judges. With the critical need for space in the Judicial Building, staff feels the building should be purchased with a closing date of February 1, 1999. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 765 Commissioner Davis asked what additional costs will be involved with renovating the building. Deputy County Manager Atkinson responded that approximately $200,000 has been included in the study to cover renovations and repair of the roof. The Property Management Department will paint the inside and re-carpet the building. Commissioner Davis commented on the amount of money involved with the purchase and he asked if this was the most expeditious and economic way to ease overcrowding in the Courthouse. Deputy County Manager Atkinson responded the proximity of the City Building to the Judicial Building was excellent. In his opinion, it would be difficult to purchase a site and construct a building over 16,000 square feet at the cost of $1,100,000 plus renovation cost of $200,000. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to make an offer to the City in the amount of $1,100,000 for the purchase of the 138 North Fourth Street property. Upon vote, the MOTION CARRIED by a 4 to 0 vote. Vice-Chairman Greer requested staff to stay within the $200,000 range for renovations of the building. AUTHORIZATION FOR STAFF TO PROCEED WITH THE PROCESS TO SELECT AN ENGINEERING FIRM TO DEVELOP COMPREHENSIVE DRAINAGE REGULATIONS FOR NEW HANOVER COUNTY Assistant County Manager Weaver presented a draft Request for Proposals (RFP) to be sent to engineering firms interested in developing drainage regulations for New Hanover County. He advised that Staff would like to form a Selection Committee with at least one County Commissioner to review proposals and select an engineering firm. He requested direction from the Board. Chairman Caster recommended moving forwarding with submitting Request for Proposals with deferring action on the appointment of a County Commissioner to serve on the Selection Committee until a later date. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Davis to authorize staff to send the Request for Proposals as submitted to interested engineering firms for development of comprehensive drainage regulations for New Hanover County, and to consider appointing a County Commissioner to serve on the Selection Committee at the December 7, 1998 meeting. Upon vote, the MOTION CARRIED by a 4 to 0 vote. REVIEW OF ELECTING COUNTY STATUS Chairman Caster presented background information on the plan submitted by New Hanover County to become an electing county. One major component of the plan was to require “drug testing” instead of “drug screening” for applicants applying to receive public assistance. When the General Assembly selected New Hanover County as one of the counties to become an electing county, Representative Danny McComas called the office and asked the Board to consider changing the word “testing” to “screening” so the plan would be approved. After discussion with Representative McComas, a letter was written changing the terminology to drug screening. It was felt that drug screening would include a test to screen persons for various substances. Since that time, the Board has learned that screening does not include any form of testing. Chairman Caster requested the Board to decide if New Hanover County should remain an electing county since drug screening has been incorporated into the plan. Commissioner Howell commented on meeting with Representative McComas and he stated that Representative McComas would like for New Hanover County to remain an electing county with drug screening included in the County’s plan. Also, Representative McComas is of the opinion that drug screening is fairly reliable, and he feels that other avenues will be pursued to allow drug NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 766 testing in the future. If the State of Maryland has been able to use drug testing through a health screening process, the State of North Carolina should be able to do the same. Commissioner Davis strongly objected to not clarifying the difference between drug screening and drug testing. He said he agreed to change the terminology to drug screening because he thought that drug testing would be a part of drug screening. Now, this is not the case. He requested the Board to make a decision to alleviate any ambiguity among the members of the Board about the intent and meaning of drug screening and drug testing. Chairman Caster agreed with the remarks made by Commissioner Davis and he requested the Board to decide on whether drug screening or drug testing would be included in the plan for New Hanover County. Motion: Commissioner Davis MOVED to inform the State that New Hanover County intended for the meaning of drug screening to include drug testing. Commissioner Howell said if the motion on the floor is approved, New Hanover County will not be an electing county. Commissioner Davis responded that the electing county status was not the issue. When talking to the Police Chief or Sheriff, they will tell you that crime has increased with a majority of it being drug related. The Commissioners are trying to require drug testing before an applicant receives taxpayer monies to be spent on children under the Work First Family Assistance Welfare Plan. If an applicant should test positive, that person would be placed in a drug treatment program. During the treatment, the applicant would continue to receive public assistance. Once the applicant is released, the County will assist that person with finding a job and becoming a productive citizen. The law does not require an applicant to document that the money received is spent on the children. Therefore, if an applicant uses drugs and the screening process does not identify the problem, the money will be used to purchase drugs instead of help the children. It is frustrating to try to approach this issue without any help from the state or federal governments. In closing, Commissioner Davis stated he could not vote on a plan that will not require some form of drug testing. Chairman Caster complimented Commissioner Davis for expressing his opinion, and he stated that Commissioner Birzenieks would echo the same remarks. He called for a SECOND to the motion made by Commissioner Davis. NOSECOND WAS RECEIVED AND THE MOTION FAILED . Vice-Chairman Greer noted that since the plan had already been changed to drug screening no other action would be needed. Chairman Caster advised that he felt 70% of the crime in the State was drug related. However, in order to have an opportunity for the County to administer the Work First Family Assistance Welfare Plan in a better way, it would be necessary to allow drug screening to remain in the plan. Commissioner Howell agreed with the comments expressed by Commissioner Davis. He stated if drug testing is not allowed within a year, he would vote for New Hanover County to withdraw from the electing county status. He emphasized the importance of trying to implement a welfare program that will truly help people on public assistance. Commissioner Davis requested the record to reflect that he did not agree with submitting a plan that did not include drug testing since another motion would not be placed on the floor. No further action was taken. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 767 BREAK Chairman Caster called a break from 7:22 p.m. until 7:38 p.m. PUBLIC HEARING TO CONSIDER A REQUEST FROM WILLIAM ALEXANDER TO REZONE 3.15 ACRES AT THE SOUTHWEST CORNER OF ALEXANDER ROAD AND US 17 SOUTH OF BRICKSTONE ESTATES TO CONDITIONAL USE B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-635, 9/98) Chairman Caster opened the Public Hearing and announced that the conditional use zoning 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 William Alexander Harold R. Crocker John Hooton Gladys Outlaw Myra Nevarez Cindee Wolf Planning Director, Dexter Hayes, reported this request was presented to the Planning Board on September 3, 1998. The item was tabled to give the petitioner 30 days to submit a revised application under conditional use guidelines. Subsequent to that directive, the application was revised to Conditional Use B-2 Business. The site plan includes three (3) one-story buildings totaling 22,250 square feet. After hearing the request, the Planning Board voted unanimously to approve the revised application with the following modifications: ? Rezone the site to Conditional Use B-2 and Conditional Use O-I. The CD(B-2) area was confined to the northeast corner of the tract measuring 240 feet in depth and 140 feet of frontage along Market Street. Land use in the CD(B-2) area was restricted to a “sit-down” style restaurant. Fast food and drive-thrus were prohibited. The balance of the tract was rezoned to CD(O-I) with no retail uses permitted. ? A planned entrance along Alexander Road was eliminated. ? The proposed buffer along the western perimeter was extended to include the area adjacent to the retention pond. It was also stipulated that the perimeter vegetation be retained in its natural state to enhance the required buffers. Several property owners from nearby neighborhoods spoke in opposition to open-ended B-2 zoning because of the number of incompatible uses permitted in a B-2 District. Concerns were expressed about devaluation of properties, non-residential traffic on local streets, the safety of children in adjacent neighborhoods, and the loss of property. While the speakers generally supported conditional use zoning, there was a consensus among them that the site should be limited to general and professional offices permitted by the O-I District. Commissioner Davis commented on the information provided in the agenda packet, and he asked if the application was approved, would it violate the Land Use Plan. Planning Director Hayes responded that concerns were expressed by adjacent property owners about having an open B-2 commercial district along this stretch of Market Street. Currently, the zoning on the west side of Market Street is either Office and Institution or B-2 Business. The Planning Board felt that by limiting the openness of a commercial district, it would be more in keeping with the Land Use Plan. Some of the previous zoning cases were in conflict with the Land Use Plan; however, recent Boards did impose a Special Highway Overlay District beginning at the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 768 Bayshore area and extending north to provide more control in terms of buffering, setbacks, signage, and landscaping to soften the impact of commercial zoning beyond Bayshore Estates. Commissioner Howell commented on conflicting recommendations by the Planning Staff which seemed to be in favor of the proposed rezoning and in other instances noted that approval of the petition would be in violation of the Land Use Plan. Commissioner Howell requested an explanation of the recommendations by staff. Planning Director Hayes advised that the Land Use Plan is a policy which serves as a tool to render decisions on zoning. If this policy is followed, more orderly growth will occur. When zoning exceptions are made to the Land Use Plan, it opens the door for another petition to be submitted, which erodes the basis for denying a similar rezoning request. Commissioner Howell stated, in his opinion, the Land Use Plan approved seven years ago was wrong. New Hanover County has lived with this plan since that date. Due to rapid growth and the need to change zoning, numerous petitions have been approved that are considered to be in violation of the Land Use Plan. In most of these cases, the approved rezonings were granted because it was the best use for the property in question. Planning Director Hayes advised that the City and County were in process of updating the Land Use Plan. Draft policies are in the plan that address the long-term trend for future development of the Market Street corridor. For example, there are policies that encourage clustering, and polices that discourage strip commercial development. Commissioner Davis asked if the updated Land Use Plan would be in favor of the proposed rezoning as requested by Dr. Alexander. Planning Director Hayes responded that the updated Land Use Plan would not provide more direction on this particular segment of Market Street. Commissioner Davis expressed concern for having a Land Use Plan and not following the plan. Commissioner Howell said the Land Use Plan cannot always be followed. The request being considered is an example of where it would not make sense to deny the rezoning. In the new update, the Land Use Plan will encourage some commercial development in neighborhoods; however, when trying to rezone property in a neighborhood, the Board has received stiff opposition. Planning Director Hayes reported that most of the rezoning activity has occurred since abandonment of the railroad tracks. Once the right-of-way was removed, it provided more frontage to the property owners. This has created more rezoning requests because of increased opportunities to develop the land. On the west side of Market Street, there are not as many commercial opportunities to develop the land because of residential uses; however, across the street on the east side there are numerous B-2 and O-I Districts. This trend was developed in the late 70's and early 80's. Commissioner Davis asked if the problem would be exacerbated if the rezoning petition is approved. Planning Director Hayes responded that approval of the rezoning petition will place the Board in a position that will make it difficult to deny similar commercial requests. This could result in a commercial corridor from this stretch of Market Street to the Pender County line, which will look like the current spot development from the City Limits to Ogden. Some people are in favor of commercial use because the property fronts the highway and is not suitable for residential use. Vice-Chairman Greer stressed the importance of everyone understanding that the recommendation approved by the Planning Board was not the petition submitted by the applicant. The applicant submitted a B-2 Business rezoning petition for the 3.5 acres of property. The Planning NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 769 Board recommended rezoning the site Conditional Use B-2 and Conditional Use O-I with the CD(B- 2) area confined to the northeast corner of the tract measuring 240 feet in depth and 140 feet of frontage along Market Street. The CD(B-2) use was restricted to a “sit-down” style restaurant. The balance of the tract was rezoned to CD(O-I) with no retail uses allowed. Commissioner Davis advised that he understood the recommendation of the Planning Board, but he was not sure if approving the petition would be in violation of the Land Use Plan. Vice-Chairman Greer reminded the Board of prior discussion about the Land Use Plan update. At that time, he expressed reservations about placing policies in the plan that are not realistic because they cannot be followed. The Land Use Plan should be realistic and followed by the Board of County Commissioners; however, there will always be exceptions where the Board will be responsible for rendering zoning decisions. Chairman Caster asked if the petitioner would like to comment. Ms. Cindee Wolf, a landscape architect and developer of the proposed site plan, reported originally the petitioner requested B-2 Business for the entire tract. After talking with neighbors and working with the Planning Board, the petitioner is satisfied with the recommendation of the Planning Board. It is felt the property fronting Market Street is not suitable for residential development. Office and Institution uses will be a better transition for the area. The restaurant will be placed in the B-2 use with the surrounding property being used for offices and institutions. The traffic concerns expressed by the property owners have been resolved by not allowing an access from Alexander Drive. In closing, Ms. Wolf requested the Board to approve the rezoning as recommended by the Planning Board. Dr. William Alexander, the only son of William Charles Alexander, stated upon his father’s death the property was deeded to him and his sister. The fear of change by adjacent neighbors is understandable, and every effort has been made to provide an acceptable plan for the area. However, this area has changed dramatically over the years. His family home was located on the corner turning into Alexander Drive. There was a small two-rut dirt lane that ran to Market Street. Only two or three automobiles used the road. Changes began to occur and people moved into the area to enjoy the peace and tranquillity. The small dirt road changed into a substantial clay loop road that removed one fourth of the family property; however, this road was necessary to accommodate the neighbors. As the population of New Hanover County continued to grow, the clay road changed to asphalt and the entire neighborhood changed forever. Dr. Alexander spoke on discussing the use of this property with his sister for a number of years. His sister has an invalid husband, and he is not a wealthy man. With both of them living out of town, and the need to have the financial means to educate their children, it was decided to sell the property. A professional architect was hired to provide an upscale plan for the neighborhood. The application has been submitted to the Planning Board and the plan was designed to resolve the fears of the neighbors. He requested the Board to approve the recommendation presented by the Planning Board. This will preserve the quality of life in the neighborhood. Mr. Harold Crocker, an adjacent property owner on Alexander Road, spoke in opposition to the proposed rezoning because this area will be opened to future commercial uses. He advised that an Office and Institution District would be more acceptable to the surrounding property owners. He requested the Board to protect the neighborhood and consider rezoning the entire parcel to Office and Institution. Vice-Chairman Greer explained to Mr. Crocker that under Office and Institution zoning all uses permitted under this zoning classification can be placed on the property; whereas, under Conditional Use B-2 Business, a site plan is required for only one specific use. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 770 Mr. Crocker stated he was aware of these facts; however, the uses under Office and Institution zoning are more restrictive. Vice-Chairman Greer, again, reiterated the fact that under Office and Institution zoning, no site plan is required; therefore, it is impossible to know the exact configuration of the development that will occur on the property. Under Conditional Use B-2 Business, the site plan will specifically require the property owner to construct a one-story building with the required setbacks, buffering, and landscaping as presented on the site plan. Mr. Crocker stated the major concern in the neighborhood is increased traffic on an already crowded street. The safety of children must be considered. With placement of a restaurant on the corner, traffic will increase in the area. Vice-Chairman Greer informed Mr. Crocker that the only access to the property will be on Market Street. No access will be allowed on Alexander Road. Ms. Myra Nevarez, a resident of 7780 Alexander Road, spoke in opposition to the proposed rezoning on behalf of seven property owners and other residents who could not attend the meeting. She requested the neighbors present that were in opposition to the rezoning request to stand. Ms. Nevarez pointed out that once the land was cleared the neighborhood will be exposed to a busy highway. The residents are aware that growth has to occur, but they feel the proposed B-2 Business zoning is not a wise choice for this land. Everyone understands that Dr. Alexander needs to sell the property to educate his children, but many residents choose to live in this neighborhood because of privacy. Adults and children can walk and ride bicycles down Alexander Road without a great deal of concern for traffic. With construction of a restaurant on the corner, traffic will increase, adjacent property owners will have to contend with noise, odor, rodents, and impervious surface runoff that could negatively impact the existing pond. The privacy will be lost and if the restaurant should close, what other use will be allowed on the site. In closing, Ms. Nevarez urged the Board to protect the neighborhood and rezone the entire parcel to Office and Institution with a buffer which will allow Dr. Alexander to obtain a good price for the property and at the same time provide security to the neighborhood. 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 site has access to community water and sewer service. B.The property is located within the Ogden Volunteer Fire Department. C.The site has direct access to Market Street. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.A site plan pursuant to the Ordinance has been submitted. B.The developer has chosen to utilize extra landscaping for mitigation of the SHOD setback. C.All other setbacks can be met. D.It appears protected trees will be preserved with some being incorporated into the design of the project. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 771 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 site plan calls for the preservation of a substantial portion of the natural vegetation found along the northern boundary adjacent to Alexander Road. B.This buffer should screen the adjacent residences along Alexander Road. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A.A large B-2 District already exists across the street. B.The property has direct frontage on Market Street. C.Limitation of the uses to a restaurant and offices should mollify neighborhood concerns. Other issues and concerns: ? No access shall be allowed on Alexander Road. ? The restaurant should be “sit down” style with no drive-thrus or fast food. ? The area around the retention pond should be buffered. Chairman Caster asked Ms. Wolf if she concurred with the findings presented by the Planning Director. Ms. Wolf agreed with the findings as presented. Commissioner Howell asked Ms. Wolf if the drainage from the development project will flow into the adjacent pond, and if so, will there be an adequate outfall provided for the pond. Ms. Wolf advised that without the completion of a detailed construction plan, the general rule is to take the amount of impervious surface in the project and apply a percentage to calculate the size of the surface area for the pond. This figure has been included in the plan. The outfall has been addressed with digging high ditches and placement of an outlet in the existing pond area. Also, the site plan allows for the buildings in the Office and Institution section to serve as a buffer to the neighborhood so the restaurant will be less intrusive. Chairman Caster closed the Public Hearing. Vice-Chairman Greer stated, in his opinion, the site plan submitted is better than the Office and Institution zoning being requested by the neighborhood. Chairman Caster stated he felt the residents were asking for Conditional Use Office and Institution with deletion of the B-2 Business use. Discussion followed on whether the site plan would have to be revised if changes were made. Planning Director Hayes advised the Board that any substantial change would require modification of the site plan. One option to consider would be deleting the restaurant use, which would require the building to use 8,200 square feet for an office type use, and continue to apply the limitations to the project. Vice-Chairman Greer asked if the request is denied, does this mean that the petitioner cannot present another plan for one year. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 772 Planning Director Hayes responded that a one-year waiting period is required before a new plan can be submitted; however, the site plan could be remanded back to the Planning Board for a revised plan. Commissioner Davis recommended rezoning the property to Conditional Use Office and Institution zoning, which will require a site plan for the use of the property. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Davis to rezone the entire 3.15 acres at the southwest corner of Alexander Road and U. S. Highway 17 south of Brickstone Estates to Conditional Use O-I Office and Institution with the proposed restaurant building being limited to office and institution uses. Chairman Caster asked if the petitioner concurred with revision to the site plan. Commissioner Howell recommended tabling the issue to give the petitioner time to review the proposed Conditional Use O-I Office and Institution use. Mr. John Hooton, the realtor, advised that when negotiating the recommendation approved by the Planning Board, the property owners limited many uses for the property, such as a retail shopping center, bank, filling station, etc. to acquire the B-2 Business use. He requested the Board to table the issue to allow the petitioner to re-design the project under Office and Institution Use. WITHDREW THE MOTION ON THE Chairman Caster and Commissioner Davis FLOOR. Consensus: After further discussion, it was the consensus of the Board to table this item until the regular meeting to be held on December 7, 1998. PUBLIC HEARING TO CONSIDER A REQUEST BY JERE LEGWIN TO REZONE .25 ACRES AT THE NORTHWEST CORNER OF MENDENHALL DRIVE AND MARKET STREET TO OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-636, 10/98) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that the applicant seeks to establish a small area of O-I Office and Institution at the entrance to Mendenhall Subdivision. After reviewing the issue, the Planning Board voted unanimously to recommend approval of the petition as submitted concluding the site was not suitable for R-15 Residential use because of nearby zoning and the proximity of the site to Market Street. No one present spoke in opposition to the request. Chairman Caster asked if the petitioner would like to comment. Mr. Jere LeGwin, the petitioner, requested the Board to approve the rezoning petition so he could construct an office building on the site. The building would have a residential appearance and would be compatible with surrounding properties. Chairman Caster asked if anyone present would like to speak in opposition to the proposed rezoning. No remarks were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to approve rezoning .25 of an acre on the northeast corner of Mendenhall Drive and Market Street to O-I Office and Institution from R-15 Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED by a 4 to 0 vote. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 773 A of copy AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 37. PUBLIC HEARING TO CONSIDER A REQUEST BY GULF, WORSLEY, AND COWPER PROPERTIES LLC TO REZONE 1.35 ACRES ON THE WEST SIDE OF MILITARY CUT- OFF ROAD OPPOSITE ARBORETUM DRIVE TO CONDITIONAL USE OFFICE AND INSTITUTION FOR GENERAL AND PROFESSIONAL OFFICES (Z-637, 10/98) Chairman Caster opened the Public Hearing and he announced that the conditional 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 Earl M. Worsley, Jr. Jon T. Vincent Michael Kerstolke Planning Director, Dexter Hayes, advised that the property was classified as Resource Protection which encourages low density residential development not greater than 2.5 units per acre. Non-residential development is permitted provided that important natural resources are not impacted. Planning Director Hayes reported the Planning Board voted unanimously to approve rezoning the 1.35 acres on the west side of Military Cut-Off Road opposite Arboretum Drive to Conditional Use Office and Institution for general and professional offices contingent upon the following conditions: ? Turn lanes and related road improvements would be made subject to the recommendations of the N. C. Department of Transportation. ? Night lighting would be restricted to directional lighting to minimize impacts on residential uses to the south and west. ? Perimeter vegetation in the buffer yard area would be retained. The Planning Board felt due to the irregular shape of the site, the proximity of the site to the highway, recent rezonings for non-residential use along the road, and the emerging land use patterns made this property difficult to develop under residential zoning. No opposition was present at the Planning Board meeting. Planning Director Hayes presented the following preliminary 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 will be served by County sewer and community water. B.The site has direct access to Military Cut-Off Road, a state maintained road. C.The site is located in the Ogden Volunteer Fire Department District. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 774 A.The applicant has submitted a detailed site plan and supplemental data pursuant to the requirements of the Zoning Ordinance. B.All setbacks and required buffer yards as illustrated on the plan comply with local requirements. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A.Adjacent property owners have been notified, but to date no information has been provided to staff to indicate that the placement of offices on this tract would devalue surrounding properties. 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.While the majority of land use in the immediate vicinity is for residential purposes, the land immediately to the north is occupied by a church, an institutional use. B.The County has approved similar requests to provide transitions between competing land uses. Chairman Caster asked if the petitioner would like to comment. Mr. Jon Vincent, one of the three petitioners, reported the property was located on Military Cut-Off Road directly across from the church near the Landfall entrance. The plan calls for construction of a low density office project that will be designed with a residential appearance to blend with surrounding structures. Landscaping buffers will be used to protect surrounding properties, the hours of operation will be limited, and the activity will be compatible with the church and adjacent neighbors. Mr. Vincent requested the Board to approve the petition as recommended by the Planning Board. Commissioner Davis asked if the church members had been contacted. Mr. Vincent stated that he had not contacted the church; however, he had worked with the Planning Department to develop a plan that would be satisfactory to the members of the church and neighboring property owners. No one has expressed opposition to the proposed project. Mr. Earl Worsley, one of the three petitioners, commented on conditional use, and he stated that a specific site plan had been submitted which shows exactly what type of structure will be placed on the property. He requested the Board to approve the rezoning as recommended by the Planning Board. Chairman Caster asked Mr. Vincent if he concurred with the findings of fact as presented by the Planning Director. Mr. Vincent concurred with the findings of fact. Chairman Caster asked if any other persons would like to speak. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Davis to rezone 1.35 acres on the west side of Military Cut-Off Road opposite Arboretum Drive to Conditional Use Office and Institution for general and professional offices contingent upon the conditions approved by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 775 A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED MAY 18, 1970, is hereby incorporated as a part of the minutes and contained in Zoning Book I, Section 3, Page 6. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Davis to grant a Special Use Permit to Gulf, Worsley, and Cowper contingent upon the conditions recommended by the Planning Board and based upon the evidence presented concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 24. APPOINTMENT OF VOTING DELEGATE TO THE 1999 LEGISLATIVE GOALS CONFERENCE Chairman Caster requested the Board to appoint a voting delegate to the 1999 Legislative Goals Conference to be held on January 14-15, 1999 in Research Triangle Park. Consensus: After discussion, it was the consensus of the Board to appoint Chairman Caster to serve as the voting delegate for the 1999 Legislative Goals Conference to be held in Research Triangle Park. BREAK Chairman Caster called a break from 8:45 p.m. until 9:00 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY TOM SMITH TO REVISE THE CONDITIONAL USE SITE PLAN FOR A WOODWORKING SHOP AND REPLACE THE USE WITH A GENERAL OFFICE USE ON PROPERTY LOCATED AT 1722 NORTH KERR AVENUE (Z-433, 3/91; REVISED 10/98) Chairman Caster opened the Public Hearing and announced that the conditional 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 Thomas H. Smith, Jr. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously for retrofitting the existing building on the site located at 1722 North Kerr Avenue to an office use with the conditions of the original permit granted in April 1991. The site is currently zoned Conditional Use Airport Industrial. The existing building was initially authorized by a Special Use Permit for a convenience food store in June 1976. That business ultimately failed, and the property at that time was zoned Airport Residential. The playground business was started in early 1990. No opposition was present. Under current rules, a major change to a site plan approved under conditional use guidelines requires a recommendation by the Planning Board and approval by the Board of County Commissioners. In this instance, the applicant is requesting a change in use from woodworking to office use. This use is permitted by right in the Airport Industrial District and no special provisions are required for outside storage, signage and other design issues. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 776 Chairman Caster asked if the petitioner would like to comment. Mr. Thomas H. Smith, Jr., the petitioner, stated when he purchased the property in September, 1998 the building had been vandalized and the site had become an illegal dump. He removed the debris from the property and retrofitted the building to be used as a business office for telecommunications. He stated the neighbors were supportive of the petition, and he requested the Board to approve the revised permit so the building can be used for this purpose. Commissioner Davis asked Mr. Smith if he agreed with the following conditions recommended by the Planning Board: (1) all outside storage, except for the display of the products, must be screened from view; (2) signs must be limited to the ground, not affixed to the building; and (3) buffer yards must be established per Section 67 of the Zoning Ordinance. Mr. Smith agreed with the conditions recommended by the Planning Board. Chairman Caster asked if anyone from the public would like to speak in opposition to the request. No comments were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to approve the revised conditional use from a woodworking shop to a general office use with the conditions of the original Special Use Permit granted in April 1991. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the revised Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 24. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO GEARON COMMUNICATIONS TO CONSTRUCT A 160 FOOT COMMUNICATIONS TOWER ON THE EAST SIDE OF INTERSTATE 40/NORTH COLLEGE ROAD ABOUT 900 FEET SOUTH OF GORDON ROAD (S-435, 10/98) 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 Ken Carter David E. Huffine Pam Sigmon Daniel Tilley Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the petition as revised based upon the use complying with local zoning requirements and being consistent with the Land Use Plan. The original petition called for the placement of the tower in the southwest corner of the tract; however, due to wetlands, the tower had to be moved to the southeast corner of the property. Planning Director Hayes presented the following preliminary 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: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 777 A.The site requires no water and sewer service. B.The tower is located at a considerable distance from the nearest residential structure. It is far enough from I-40 to prevent the tower from falling into the highway if it should fall. C.The site will be accessed by a private easement connected to Gordon Road, a state maintained highway. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.Communication towers are permitted by Special Use Permit in the R-15 Residential District. The site is zoned R-15 Residential. B.A site plan and supporting data have been submitted as required by the Zoning Ordinance. C.The tower meets all setback and buffer requirements, including the Special Highway Overlay District standards. 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 nearest residential structure is over 900 feet away. It is located on the same tract and owned by the person who will be leasing the land to Gearon for the tower. B.Property to the immediate west is part of the right-of-way. Land to the south is undeveloped and zoned B-2 Highway Business. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A.The tract where the tower will be located has been previously used for agriculture. Land to the south is vacant, but eligible for commercial uses. B.The use will be visible at a major entrance into the City. C.Design concerns of the structures: a lattice tower versus a monopole tower. In closing the presentation, Director Hayes reported the Statement of Intent had been submitted as required in the Zoning Ordinance. Commissioner Davis asked if the Planning Staff was satisfied with the petitioner’s collocation efforts. Planning Director Hayes advised that he was satisfied. Mr. Daniel Tilley, representing Gearon Communications, reported the subject property was located at the intersection of I-40 and Gordon Road. The proposed site was acquired in response to a request by BellSouth DCS for the operation of a Personal Communications Service system that provides the latest in wireless communication throughout the southeast. The site selected is critical for complete coverage of I-40 and the area surrounding Gordon Road. BellSouth has experienced a gap in this area and frequently receives complaints about dropped calls in the area. With construction of the tower, this gap will be covered. The height of the tower will be 160 feet and it will be designed not only to accommodate BellSouth, but four other carriers. The firm of Gearon Communications is in business to obtain NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 778 tenants to collocate on its towers. BellSouth will use the tower and the remaining space will be marketed to other companies that will be coming into the area. Other carriers that may be interested in collocating on the tower are Cellular, Paging, ESMR/SMR, 38ghz/Wireless Fiber, 2 Way Paging, etc. The tower will be self-supporting and will not require guide wires. No lighting should be required because the height is less than 200 feet, and the tower will be constructed to comply to all state and federal guidelines. The area around the tower will have a locked gate and chain-link fence for security. The site will only be visited one time per month for routine maintenance visits. In closing, Mr. Tilley reported the tower will ensure the area adequate access to necessary communications services. The proposed use will be in harmony with the area since the site is abutted by I-40 to the west, vacant property zoned B-2 to the south, vacant property zoned B-2 to the west, and Office and Institution parcels adjoining I-40 to the north. He requested the Board to approve the Special Use Permit. Commissioner Davis requested Mr. Tilley to explain why it was necessary to place the tower on this particular site. Mr. Tilley referenced the map supplied by the Planning Department showing the number of towers used for telecommunications. In the I-40 area, there is a large service gap because of the airport. By lowering the height of the tower, the gap will be filled, and other companies coming into the area will be able to collocate on the tower without having to appear before the Board of County Commissioners. Chairman Caster asked if any other person would like to submit sworn testimony. Mr. David Huffine, representing Mrs. Peggy Lewis, stated that Mrs. Lewis was the owner of the 85 acre tract of land that adjoins the subject property to the east and south. Mr. and Mrs. Eddie Lewis purchased the property in 1979 because Mr. Lewis felt this land would eventually become the entry point into Wilmington. His predication has come true. It is difficult to believe that anyone would want a tower to be the first thing seen when entering Wilmington. The tower will be a visual eyesore. Also, the tract of land owned by Mrs. Lewis is now under contract, and the placement of the tower on the proposed site will jeopardize her ability to sell the property. This is the last major intersection available for New Hanover County to make a statement as you enter the community. Mrs. Lewis’ property can be developed into a top notch development and provide a nice entry into Wilmington. Buffering and landscaping will not hide the visual impact of a 160 foot tower. Surrounding properties will suffer a loss in the land value. No developer will want to construct a first-class retail or office facility on adjacent properties. Mr. Huffine stated denial of the Special Use Permit by the Board will be an opportunity for the intersection to be developed in a manner that shows New Hanover County is a progressive community. In closing, Mr. Huffine advised that the proposed use does not satisfy the first finding because the placement of the tower on the proposed site will injure the value of adjoining property and the use will not be in harmony with the area. Also, no written evidence has been presented to show collocation, and a written affidavit has not been presented to show that the structure placement meets the conditions of the Telecommunications Act, the National EPA Act, FCC rules and other applicable regulations. Chairman Caster asked Mr. Huffine why he did not present these concerns when the hearing was heard by the Planning Board. Mr. Huffine replied that his business office had relocated to another site, and notice of the meeting was not received in time to appear before the Planning Board. Commissioner Davis asked Mr. Huffine if there was supporting data from realtors that would document the devaluation of adjacent properties. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 779 Mr. Huffine responded that Ms. Pam Sigmon, the daughter of Mrs. Lewis and a local realtor, had negotiated the contract, and she would responded to the devaluation of surrounding properties. Commissioner Davis requested the County Attorney to comment on the requirement for an affidavit since the document was not presented as part of the request. County Attorney Copley responded that a written affidavit was required to show that the company had made an attempt to collocate. Ms. Pam Sigmon, a real estate broker and the daughter of Mrs. Lewis, noted that her main concern was about the location of a communications tower on the proposed site because of its negative impact on marketing the property. The 85 acre tract is under contract, and the potential buyers are not pleased with a communications tower adjoining their proposed development. To place a tower that will be seen as you enter Wilmington is not an ideal use for this site. If the land is sold to the potential buyers, the property will be developed in a manner that will better suit the community. The Board was requested to deny the request. Mr. Tilley advised that the fall zone of the tower was 120 feet as required by the Zoning Ordinance. The Special Use Permit application submitted to the Planning Staff contained the written documents referenced by Mr. Huffine. It appears these documents were not submitted by staff to the Board of County Commissioners. Commissioner Davis requested to see the affidavit. A document was carried by Mr. Tilley to Commissioner Davis. Commissioner Davis advised the document was a letter, not an affidavit. He, again, asked if an affidavit had been submitted. Mr. Tilley advised after discussing this matter with the Planning Staff, he was informed the information presented was sufficient and that all requirements in the Zoning Ordinance had been met. He requested the Board to table this item until he could provide the needed documentation. Assistant County Attorney, Kemp Burpeau, advised that the letter references the affidavit regarding the Telecommunications Act for collocation. There is a requirement for an affidavit. The question to answer is whether the affidavit has been submitted. Mr. Tilley stated once the compliance from the FCC has been received, he will be glad to bring in an affidavit. He requested the Board to table this issue until the necessary documentation can be provided. Chairman Caster requested an explanation on the difference between a letter and an affidavit. Planning Director Hayes advised the Zoning Ordinance reads as follows: “The applicant shall submit written evidence to demonstrate that collocation on any existing tower, antenna, or usable structure in the search area for the new tower is not reasonable or possible.” Planning Director Hayes advised the letter provided did address Gearon’s collocation efforts. He stated the affidavit requirement reads as follows: “All applicants seeking approval shall also submit a written affidavit that the construction or placement of such structures meets the provisions of the Telecommunications Act of 1996.” Planning Director Hayes advised that the Telecommunications Act is comprised of federal requirements that are usually provided at the time the tower is constructed. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 780 County Attorney Copley advised the affidavit cannot be submitted until FCC approval is received. The applicant does have to show that efforts have been made to collocate. Mr. Tilley assured the Board that all efforts had been made regarding collocation; however, after working with the Planning Staff, it was his understanding that all requirements of the Zoning Ordinance had been met. Obviously, this is not the case. He requested the Board to table the item until FCC approval has been received. County Attorney Copley requested the Board to consider the real issue, which is whether the Board wants to approve a Special Use Permit to locate a tower on the proposed site. It the Board is going to deny the request, it should be done at this Public Hearing. Mr. Kenneth Carter, Real Estate Manager for Gearon Communications, pointed out that several existing towers abutting B-2 Business zones have been approved by the Board. The company understands the concern of Mrs. Lewis since her property has not been developed; however, it is not felt that placement of the tower on the proposed site will devalue her property. There being no further remarks, Chairman Caster closed the Public Hearing. County Attorney Copley requested the Board to place on the record the reasons for denying or approving the Special Use Permit if a vote is taken on the request. Motion:MOVED TO DENY NO SECOND WAS Vice-Chairman Greer the request. RECEIVED AND THE MOTION FAILED. Motion: After commenting on communications towers being a necessary part of the communications MOVED TO TABLE THE PETITION world, Commissioner Howell so that time can be provided MOTION to the petitioner to provide the necessary documentation. The was seconded by Vice- Chairman Greer. Substitute Motion: After commenting on the need for towers to provide quality communications MOVED TO APPROVE NO SECOND WAS RECEIVED service, Chairman Caster the request. AND THE MOTION FAILED. TABLE THE PETITION. Chairman Caster called a vote on the motion to Upon vote, the MOTION CARRIED by a 3 to 1 vote. Chairman Caster voted in opposition. Planning Director Hayes asked if the Board had a specific date for the petition to be heard. Consensus: After further discussion, it was the consensus of the Board to hear this item on December 7, 1998. PUBLIC HEARING TO CONSIDER REZONING 2.45 ACRES ON THE EAST SIDE OF MILITARY CUT-OFF ROAD (OWNED BY NEW HANOVER COUNTY) TO OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-638, 10/98) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the tract was purchased by New Hanover County to accommodate a satellite branch for the Public Library. With the purchase of the Hannaford Building located in the Landfall Shopping Center for a branch library, this plan was abandoned. Director Hayes advised that the Planning Board voted unanimously to recommend approval of rezoning 2.45 acres on the east side of Military Cut-Off Road to Office and Institution from R-15 Residential. With the recent commercial uses on adjacent properties, the Planning Board felt the land was virtually undevelopable under residential zoning. No persons spoke in opposition to the rezoning at the Planning Board meeting. Commissioner Davis emphasized the importance of everyone understanding that rezoning the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 781 property will allow the County to receive more money for the property when it is sold. The proceeds of the sale will be used to retrofit the Hannaford Building for the Northeast Branch Library. Chairman Caster asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to rezone 2.45 acres on the east side of Military Cut-Off Road to Office and Institution from R-15 Residential. Upon vote, the MOTION CARRIED 4 to 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED MAY 18, 1970, is hereby incorporated as a part of the minutes and is contained in Zoning Book 1, Section 3, Page 7. CONSIDERATION TO RELEASE $2.8 MILLION STATE SCHOOL BONDS FUNDS AND RELATED MATTERS County Manager O’Neal reported the Board of Education has requested release of $2,890,392 additional State school bond funds. This is over and above the $17,455,464 that was initially allocated from the State. The $2,890,392 comes to the County because of the local commitment shown by the voters with approval of the $125,000,000 local school bond issue. The requested funds will be used for the following purposes: (1) construction of a community sports and recreation facility at Hoggard High School; and (2) ADA improvements and renovations at Lakeside High School. Vice-Chairman Greer expressed concern for the citizens being mislead to believe that the Board was not in favor of constructing a stadium for Hoggard High School. He advised this was not true, and he stated when the bond issue was presented to the voters and passed, it was everyone’s understanding that bond proceeds in the amount of $1,200,000 would be used to build the stadium. Since that time the cost for the project has increased to $3,600,000 and the Commissioners are concerned about the increase. Chairman Caster welcomed the members of the School Administrative Staff and Mr. Steve Bilzi, a newly elected member of the Board of Education. Mr. Bill Hance, Assistant Superintendent of Schools, presented a packet of information to the Board that showed the requested allocation and utilization of all State bond proceeds as well as the 1997 bond funds for construction of the Hoggard High School Stadium. Included in the information was an expenditure plan showing exactly how the bond funds would be spent for the stadium. Mr. Hance reported that the original $2,890,392 was not being reallocated. The original State bond funds allocated were $17,455,464 with the required local match; however, the State allocated $20,345,856, but only $17,455,464 had been matched by the School System. At that time, the State required the School System to submit an expenditure plan showing the distribution and use of the $17,455,464. The School System knew that when the 1997 school bond was passed, New Hanover County Schools would be eligible to receive the additional $2,890,392. When the $2,890,392 was received, an expenditure plan that included the Hoggard Stadium and Lakeside School renovations was submitted to the State for approval. The plan was approved by the State and is being presented to the Board of County Commissioners for approval Mr. Hance commented on the increase in the project cost for the stadium at Hoggard, and he explained that after discussion with user groups and the New Hanover County Parks Department, it was decided to relocate existing fields at a cost of $697,000. Also, the parking area is being re- designed and expanded to better accommodate community athletic events. The tract field and NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 782 stadium cost is estimated at $914,000. Mr. Hance requested Mr. Eddie Anderson, Director of Facility Planning, to further comment on the projects since he has been extremely involved in the process. Mr. Anderson reported that the Administrative Staff spent a considerable amount of time in reviewing the best use of the bond money for the schools and the community; hence the scope of work was expanded for the Lakeside High School renovations and Hoggard High School stadium. This increased the cost of the projects. It would be possible to implement the projects with the original budgets, but it is felt the bond money should be used to address the needs of the schools and community. Mr. Hance spoke on the expanded projects being a win/win situation for Hoggard High School. The number of athletic fields will be increased and parking will be available to provide an excellent athletic complex for the school. Once this project is completed, Hoggard High School will be the only high school in New Hanover County that meets the minimum State guidelines. Currently, there is not one high school in New Hanover County that has a single set of athletic complexes to meet the minimum State guidelines. Dr. Norman Shearin, Deputy Superintendent of Schools, advised that the School System had gone through an extensive process in meeting with user groups and working with New Hanover County to make more athletic fields available to the community. Fields have been relocated, additional parking has been added, and a stadium will be constructed with a first-class track and soccer field. In closing, Dr. Shearin said the expanded projects will greatly benefit the community, and he requested support from the Board. Vice-Chairman Greer advised that Commissioner Birzenieks had informed the County Commissioners that he had contacted school officials and asked if the $1.2 million was sufficient to construct the stadium. Commissioner Birzenieks was informed that $1.2 million was adequate. When the County realized the additional $2,400,000 would be received, and the funding was not earmarked or included in the $17,000,000, the Commissioners felt the funds should be set aside for a vocational education project. It is difficult to understand how a project can be changed, and suddenly the County Commissioners become the bad guys. It is imperative for the Board of Education and School System to develop a better line of communication. It is not fair for the schools to spend money that has been set aside by the County for another purpose. Motion: After further discussion of the need to better communicate, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to approve the plan in the amount of $3,640,640 for the Hoggard High School Stadium complex and ADA Improvements and renovations to the Lakeside High School. Chairman Caster advised that he was appalled when the project was increased from $1,200,000 to $3,600,000. After discussing the matter with one member of the Board of Education, that member was not aware of the increase. Since that time, he has learned more about the needs of the schools and community and recognizes that the expanded projects will benefit everyone. Chairman Caster requested direction from the Board on whether to pursue the idea of a vocational education project. Vice-Chairman Greer explained that two pockets of money were involved: (1) the $2,890,392 which was extra State bond money; and (2) the $3,276,000 that was freed up from the $125,000,000 bond issue as a result of COPS financing for the Pilot’s Ridge Project. The $3,276,000 is the money earmarked for the vocational education school. Mr. Anderson said the $3,276,000 would be used as the School System’s portion of the development and infrastructure for the Pilot’s Ridge project. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 783 Vice-Chairman Greer strongly objected to the School System spending the $3,276,000 before the money was allocated to the schools. The money was not included in the school bond issues except to acquire property for new schools. Since the County purchased the Pilot’s Ridge site with its money, the $3,276,000 belongs to New Hanover County, not the School System. The Commissioners had earmarked the money for a vocational education school. At this point, both boards should work together to decide how the money should be spent on infrastructure needs for the Pilot’s Ridge project, if the County decides not to construct a vocational education school. Discussion followed on amending the lease between New Hanover County and the Board of Education. Vice-Chairman Greer said that a resolution was adopted by the New Hanover County Parks Advisory Board on November 4, 1998, to amend the existing 25-year lease to include the new facilities to be constructed. The lease will also reflect the relocation of current athletic fields without changing the number of County fields or School fields. Commissioner Davis objected to the manner in which the expanded project has been handled by the schools. The voters approved a bond issue that included construction of an athletic facility at Hoggard High School in the amount of $1,200,0000. That figure was increased to $3,640,640 without the School System being totally open with the Board of County Commissioners. Then, to use County money that became available when the County decided to finance the Pilot’s Ridge school site through Certificates of Participation, not bond proceeds, was not right. The $3,276,000 belongs to New Hanover County, not the School System. In closing, Commissioner Davis expressed concern for the Board of Education feeling that New Hanover County does not provide enough money to the School System. The County has provided additional money each year to the School System. Phone calls are received daily about the poor condition of bathrooms, the lack of supplies, lack of maintenance, etc., and the general feeling among the citizens is that New Hanover County does not provide enough money to the schools. It has become quite apparent that the Board of Education and Board of County Commissioners should develop a better line of communication. ON THE MOTION Chairman Caster called for a vote to approve the expanded school MOTION CARRIED BY a 4 to projects as presented by the Board of Education. Upon vote, the 0 vote. Mr. Steve Bilzi stated as a new member of the Board of Education, he would strive to develop a better line of communication between the two boards. CONSIDERATION OF RESOLUTION TO SUPPORT PRIVATE MARINAS Commissioner Howell reported that Senate Bill 52, enacted two years ago by the N. C. General Assembly, granted easements to marinas to provide access to public trust waters with development of parking areas and water related facilities such as boat docks, piers, parking, etc. The State of North Carolina and two marinas are being sued by the Southern Environmental Law Center to overturn the bill. In an effort to support the economic role that marinas provide in the support of tourism and access to public trust waters, the marina owners have requested adoption of a resolution to support the need of the public services provided by marinas. He advised the resolution of support will be used in the court case. County Manager O’Neal advised that Dare County, Manteo, and Hatteras Village have adopted similar resolutions. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to adopt a resolution to support marinas in the State of North Carolina. Upon vote, the MOTION CARRIED by a 4 to 0 vote. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 33. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, NOVEMBER 9, 1998PAGE 784 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 10:55 p.m. until 11:04 p.m. to hold a regular meeting of the New Hanover County Water and Sewer District. ADDITIONAL ITEMS - COUNTY MANAGER Presentation of New Hanover County Funding History to the New Hanover County Schools A funding history of the money contributed by New Hanover County to the New Hanover County Schools was presented to the Board by County Manager O’Neal. He stated that ten years ago, the general fund contribution was 22% and as of 1998, the general fund contribution is 32%. These figures are indicative of the funding support provided to the schools. Formal Notification of the $6,000,000 Grant Award to New Hanover County from N. C. Clean Water Management Trust Fund County Manager O’Neal reported a formal letter was received from the N. C. Clean Water Management Trust Fund notifying the County that the grant submitted in the amount of $6,000,000 has been approved. Discussion of the Coalition of Coastal Communities County Manager O’Neal advised that information had been received on the formation of the Coalition of Coastal Communities, which is different from the N. C. Beach and Shore Preservation Association. He asked if the Board would like additional information on this subject. Chairman Caster requested the County Manager to present this information on the agenda at a later date. Presentation on “Project Impact” at the National Press Club in Washington, D. C. County Manager O’Neal reported that Emergency Management Director Dan Summers and he would be in Washington, D. C. at the National Press Club to hear a presentation from James T. Whit on “Project Impact”. New Hanover County is one of two of the original seven counties that will be discussed and featured. Request for Clerk to the Board to Schedule Another Meeting of the City-County Utilities Committee Vice-Chairman Greer requested the Clerk to the Board to schedule another meeting of the City-County Utilities Committee. Tour of Hoechst Celanese Chairman Caster advised that he attended the 30th Anniversary of Hoechst Celanese, and the Plant Manager, Billy King, has invited the Commissioners to select a date to tour the plant. Lunch will be served and the tour will require approximately three hours. County Manager O’Neal suggested scheduling a tour after one of the Thursday morning staff meetings. Consensus: After further discussion, it was the consensus of the Board to request the County Manager to select a date for a tour of the plant. ADJOURNMENT Chairman Caster adjourned at 11:25 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board