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2004-05-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, MAY 3, 2004 PAGE 24 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 3, 2004, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members of the Board present were Chairman Robert G. Greer; Vice-Chairman Julia Boseman; Commissioner William A. Caster; Commissioner Ted Davis, Jr; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Mike Lewis, Associate Pastor, Wrightsboro Baptist Church, gave the invocation. Cub Scout Pack 732 presented the colors and led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. After hearing none, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Pritchett to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following minutes: Work Session, April 15, 2004 and Regular Meeting, April 19, 2004 Approval of Annual Plan for Juvenile Crime Prevention Council for July 1, 2004 to June 30, 2005. The Commissioners approved the annual plan submitted by the Juvenile Crime Prevention Council outlining the funding and program plans for the coming fiscal year. The approved plan must be submitted to the area office of the N.C. Department of Juvenile Justice and Delinquency Prevention, and then to the state office of the N.C. Department . of Juvenile Justice and Delinquency Prevention A copy of the plan is on file in the County Manager’s office. Approval to Make the Retired Senior Volunteer Program Coordinator a Permanent Position - Department of Aging The Commissioners approved a request from the Department of Aging to make the Retired Senior Volunteer Program (RSVP) Coordinator a permanent position. An expansion grant was received from the Corporation for National Service in 2003, and was used to fund a temporary position to coordinate a Homeland Security program for RSVP. The Department of Aging has received notification that the grant has been combined with and will be a part of the continuing RSVP grant for FY 2004-2005. The total amount for the Homeland Security Grant for FY 2004 is $75,000; the total of the merged RSVP grant for 2004-2005 is $134,280. Approval of Six Month Extension of Funding for Foster Grandparent Program to Coincide with County’s Fiscal Budget Year and Budget Amendment #04-0201 - Department of Aging The Commissioners approved arequest from the Department of Aging to accept a six month extension of fundingin the amount of $78,093 for the Foster Grandparent Program and to approve the associated budget amendment. Until FY 2003-2004 the Foster Grandparent Program was funded based on the calendar year (January - December) instead of the County’s fiscal year (July - June). This year the Department of Aging was successful in securing additional funds to cover expenses for six months to bring the Foster Grandparent Program in line with the County’s fiscal year. The amount of funding for the six month extension is $78,093; the required 10% match is $7,809; $4,326 is an in-kind match; $3,483 is County funding. Budget Amendment #04-0201-Aging-Foster Grandparent Adjustment Debit Credit Foster Grandparent Grant$2,625 Medical Insurance$ 617 Disability Insurance$ 50 Contracted Services$ 600 Contracted Services-Meals$ 500 Telephone$ 132 Postage$ 420 Printing$ 259 Dept. Supplies$ 33 Employee Reimbursements$ 224 Training and Travel$ 7 Volunteers Mileage Expense$1,576 Volunteers Stipends$ 192 Volunteer Recognition$ 751 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, MAY 3, 2004 PAGE 25 Explanation: To increase budget to actual amount of funds available for this fiscal year. Approval of Year-Two Renewal of the Medication Management Grant and Budget Amendment #04-0196 - Department of Aging The Commissionersapproved a request from the Department of Aging to accept the year-two renewal of the Medication Management Grant in the amount of $39,761. The monies will be used to cover the cost of salary for one temporary staff person 30 hours a week, contractual services with a pharmacist to review client medication, and other operational costs. No local match is required. Budget Amendment #04-0196-Department of Aging Adjustment Debit Credit Prescription Assistance Grant: Medication Management Grant$39,761 Temporary Salaries$25,755 Social Security$ 1,946 Contracted Services$ 5,560 Telephone Expense$ 1,000 Postage Expense$ 500 Printing Charges$ 1,000 Departmental Supplies$ 1,500 Employee Reimbursements$ 800 Training and Travel$ 1,700 Explanation: To budget grant funds. Unused funds will be rolled over to FY 04-05. Acceptance of Report from New Hanover County Schools on Budget Amendment #8 and Capital Outlay Budget Transfer - New Hanover County Schools The Commissioners accepted the report of the New Hanover County Schools budget amendment #8 and capital budget transfer that were approved by the Board of Education on April 5, 2004. Adoption of Resolution Awarding a Three Year Contract to Central Carolina Tire Disposal for Scrap Tire Disposal - Waste Management The Commissioners adopted the resolution awarding contract #04-0258 to Central Carolina Tire Disposal for scrap tire disposal. Central Carolina Tire Disposal has been providing this service to the County since July, 1998 at a cost of $78 per ton. When the service was rebid in 2001, Central Carolina Tire Disposal was the only bidder at $83 per ton; they have agreed to renew for the next three years at the same price. There are no other contractors in the area providing this service. New Hanover County generated 2,745 tons of scrap tires in FY 2003; all but approximately $10,000 of the $227,835 expense was reimbursed to the County through the NC Department of Solid Waste Section, Scrap Tire Disposal Account Fund. Funds are available in the Environmental Management Landfill fund for this expense. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 27.1. Approval of School Health Dental Grant Application for FY 04-05 - Health Department The Commissioners approved a request from the Health Department to submit a School Health Dental Grant to Cape Fear Memorial Foundation for $15,000 for emergency dental care funds. The money will be used to pay for dental care for students with no insurance/Medicaidand who are financially eligible for free or reduced school lunch. The children are referred by school nurses when they are experiencing pain from a decayed tooth, and are then referred to a local dentist who has agreed to see such children and accept payment at the Medicaid rate. Approval of Governor’s Highway Safety Program Grant Application for Coalition VehicleHealth Department - The Commissioners approved a request from the Health Department to apply for grant funding in the amount of $16,000 from the Governor’s Highway Safety Program to purchase a coalition vehicle which will be used to transport the trailer which contains the educational materials for safety programs. Approval and Acceptanceof Additional Breast and Cervical Cancer Control Program Funding and Budget Amendment #04-0199 - Health Department The Commissioners approved additional funding and budget amendment #04-0199 for the Health Department in the amount of $8,000 from the North Carolina Department of Health and Human Services, Division of Public Health, Breast and Cervical Cancer Control Program Section to be used this fiscal year to meet service needs in the existing program. Budget Amendment #04-0199 - Health Department AdjustmentDebitCredit Breast and Cervical Cancer Control Program: State Grant$8,000 Contracted Services$8,000 Explanation: To budget additional funds received from NC Health and Human Services, Division of Public Health, Breast and Cervical Cancer Control Program Section; funds will be used to support the existing NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, MAY 3, 2004 PAGE 26 BCCCP program at New Hanover County Health Department. Funds are to be expended by May 31, 2004. Approval of Additional Title X Funding and Budget Amendment #04-0198 for Family Planning Program - Health Department The Commissioners approved additional Title X Funding and budget amendment #04-0198 for Family Planning in the amount of $18,965. The NC Department of Health and Human Services, Division of Public Health, Women’s and Children’s Preventive Health Section, Women’s Health Service Fund announced that they have additional funds available for local health departments to use to support any Family Planning Title X approved expense. These funds must be expended prior to the end of the current fiscal year. Budget Amendment #04-0198 - HealthDepartment Adjustment Debit Credit Family Planning: State Grant$18,965 Departmental Supplies$18,965 Explanation: To budget additional Title X funding received from NC Health and Human Services, Division of Public Health, Women’s Preventive Health Section to be used for Title X expenditures. Funds must be expended by May 31, 2004. Acceptance of FY 03-04 Equal Employment Opportunity Commission Grant - Human Relations Department The Commissioners accepted an Equal Employment Opportunity Commission grant in the amount of $23,200 for the Human Relations Department and authorized the County Manager to sign the grant document. Approval Authorizing the Sale of Fill Material at Smith Creek Park Through Upset Bid Procedure and Authorizing Staff to Accept the Offer from B&K Coastal, LLC t/a Cape Fear Paving for the Fill Material as the Initial Offer in the Beginning of the Upset Bid ProcessParks Department - The Commissioners adopted a resolution authorizing the sale of fill material at Smith Creek Park through upset bid procedure and authorized staff to accept the offer from B&K Coastal, LLC t/a Cape Fear Paving for the fill material as the initial offer in the beginning of the upset bid process. The County took title to a 93 acre parcel from the State for the sum of $1.00 with the condition that the County is required to develop the land into a public park. The first step to establish a park is to remove the excess sand. The most economical removal method is to sell the land to a buyer in need of fill material and use the proceeds of the sale to help fund the park project. When the final price is determined a project ordinance and budget amendment will be submitted as part of the total package that will be brought back to the Board for approval. Staff has tried twice to sell the sand through formal bids; one formal bid received no response, and the other received a bid of only $.33 per cubic yard. There is now a renewed interest in the sand and the County has received an offer of $.50 per cubic yard from B&K Coastal, LLC t/a Cape Fear Paving and the company has provided a 5% bid deposit. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 27.2. Adoption of Resolution to Add Newbury Way to the State Highway System The Commissioners adopted a resolution to add Newbury Way in Newbury Woods/Whitney Pines Subdivision (Div. File No: 1047-N) to the State Highway System. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 27.3. REGULAR ITEMS OF BUSINESS CONSIDERATION OF PROCLAMATION DECLARING MAY 2004, AS FOSTER CARE MONTH Chairman Greer introduced Department of Social Services Director LaVaughn Nesmith, and asked him to make the Staff presentation. Mr. Nesmith reported that May is traditionally the month to honor foster parents for their contributions to the community and requested adoption of a proclamation declaring May 2004, as Foster Care Month in New Hanover County. Mr. Nesmith introduced Phyllis Gorham, Chairman of the Board of Social Services who read the proclamation into the record. Chairman Greer requested a motion for adoption. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett to adopt the proclamation declaring May 2004, as Foster Care Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, presented the proclamation to Ms. Gorham. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 27.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, MAY 3, 2004 PAGE 27 CONSIDERATION OF PROCLAMATION DECLARING MAY 2004, AS NATIONAL OSTEOPOROSIS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that Betty Wiser, Co-Chairman of the Osteoporosis Coalition of North Carolina, requested that the Commissioners proclaim May 2004, as National Osteoporosis Month in New Hanover County. Commissioner Pritchett read the proclamation into the record. Chairman Greer requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman to adopt the proclamation declaring May 2004, as National Osteoporosis Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 27.5. CONSIDERATION OF PROCLAMATION DECLARING MAY 9-15, 2004, AS NATIONAL HOSPITAL WEEK Chairman Greer reported that the New Hanover Regional Medical Center administration requested that the Commissioners proclaim May 9-15, 2004, as National Hospital Week in New Hanover County. Vice-Chairman Boseman read the proclamation into the record. Chairman Greer requested a motion for adoption. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster to adopt the proclamation declaring May 9-15, 2004, as National Hospital Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 27.6. PRESENTATION OF THE HUMAN RELATIONS 2003 ANNUAL REPORT Chairman Greer asked Carl A. Byrd, Sr., Director of New Hanover County Human Relations Commission to make the Staff presentation. Mr. Byrd introduced Lethia S. Hankins, Human Relations Commission Chairperson, and presented the 2003 New Hanover County Human Relations Commission’s Annual Report. He highlighted the following 2004 Annual Enforcement Activities: •A total of forty-one discrimination cases were received; thirty-seven employment complaints and four housing complaints. •A total of fifty-five investigations were completed; fifty-four employment and one housing. •Contractual agreements with the Equal Employment Opportunity Commission and with HUD were met. •The total requests for assistance received increased over 800 from the previous year for a total of 2,416; housing totaled 924; employment totaled 805; and 687 other. Mr. Byrd, on behalf of the Human Relations Commission Members and Staff, thanked the Commissioners, County Manager O’Neal, and Assistant County Manager Melvin for their continued support. Ms. Hankins thanked the Board for their continued support and the Human Relations Commission staff for their hard work. Chairman Greer on behalf of the Board, thanked Mr. Byrd and Staff for their continued contribution to the community. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE BOARD OF EQUALIZATION AND REVIEW Chairman Greer convened from Regular Session at 5:55 p.m to hold a regular meeting of the 2004 New Hanover County Board of Equalization and Review. Chairman Greer reconvened to Regular Session at 6:00 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY J. F. LARSEN ON BEHALF OF OLIVER GODWIN TO REZONE APPROXIMATELY 3.30 ACRES OF PROPERTY LOCATED AT 6620 GORDON ROAD FROM R- 15 RESIDENTIAL TO CD (I-1) CONDITIONAL USE TO LIGHT INDUSTRIAL (Z-774M, 03/04) Chairman Greer opened the Public Hearing and announced that the conditional use zoning requires a quasi- judicial hearing; therefore, any person wishing to testify must be sworn in by the Clerk to the Board. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: David C. Barefoot David Floyd Dexter Hayes J. F. Larsen Chairman Greer requested Planning Director Dexter Hayes to make the Staff presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, MAY 3, 2004 PAGE 28 Planning Director Hayes reported that there were two requests before the Board: 1) rezoning of approximately 3.30 acres of property located at 6620 Gordon Road from R-15 Residential to CD (I-1); and 2) conditional use permit to Light Industrial. The petitioner appeared before the Planning Board in March and requested a rezoning from R-15 Residential to I-1 Light Industrial based on the fact that the site was adjacent on two sides to existing I-1 Light Industrial property and adjacent on the other side to Gresham Place Apartments which is a fifty-one unit nursing and personal care facility. The majority of the Industrial zoning in the area is part of Dutch Square which was extended to Gordon Road in the late 80's and early 90's. No one spoke in opposition; however, given the proximity of the site to the personal care facility, the Planning Board had some concerns about the range of permitted uses within the I-1 Light Industrial District. The petitioner returned in April with a conditional use site plan which included a list of uses that would not be permitted on the site. The Planning Board reviewed the proposed site plan and the list of uses and continued to have concerns about some of the uses and an added concern about the location of the entrance. Ultimately the Planning Board voted 3-3 on a motion to approve the Conditional Use Rezoning with the list of permitted uses reduced and added conditions for lighting. The applicant has amended the site plan and revised the list of permitted and restricted uses according to the Planning Board recommendation. Staff recommends rezoning to O&I as a transition into the residential uses to the west. This would also establish a boundary for the existing commercial/industrial zoning. Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A.The subject property is located within the Ogden VFD. B.Proposed access to the site is from Gordon Road. Gordon Road is classified by the New Hanover County Thoroughfare Classification Plan as a Collector Road. C.The site will be served by County water and sewer. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance . A.The applicant has eliminated eleven uses that are otherwise permitted in the general I-1 Light Industrial District. B.A site plan meeting the setback and buffer requirements of the ordinance has been submitted and reviewed. C. Inter-connectivity with the adjacent I-1 Light Industrial District to the east is shown on the site plan. D.The site plan shows four 9,240 square feet of flex space buildings and eighty-seven associated parking spaces which is less than the minimum required by the ordinance. E.Although actual landscape plans are not shown on the plan, there is sufficient area shown to accommodate landscaping and buffering. 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.The subject property is in close proximity to a developing intersection which will likely have a significant volume of traffic after the By-Pass is completed. B.Zoning on the adjacent parcels to the south and to the east is I-1 Light Industrial. Zoning on the adjacent parcel to the west is R-15 Residential and is occupied by a fifty-one unit Nursing and Personal Care Facility which operates under a special use permit and is commonly known as Gresham Place Apartments. There is an existing landscaped buffer along the common property line with the subject property. C.Additional buffering will be required on the subject property and can be accommodated. D.No evidence has been presented that the proposed project will negatively affect adjoining property values. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The site is classified Developed by the New Hanover County Comprehensive Plan. The purpose of the Developed class is to provide for continued intensive development and redevelopment in existing urban areas. These areas are already developed at a density approaching 1,500 units per square mile. Urban services are already in place or scheduled within the immediate future. Vice-Chairman Boseman asked what concerns were raised by the Planning Board members who voted against the rezoning. Planning Director Hayes responded the concern was the configuration of the plan and the driveway placement. Commissioner Davis asked if the proposal before the Board was the petitioner’s final proposed plan. Planning Director Hayes reported that it was the final proposed plan with the excluded uses. Commissioner Davis asked if it was consistent with the land use plan. Planning Director Hayes responded that it was consistent with the land use plan. Chairman Greer asked if anyone from the public wished to speak on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, MAY 3, 2004 PAGE 29 David C. Barefoot, attorney representing J. F. Larsen, commented he felt the requested rezoning from R-15 Residential to CD (I-1) Light Industrial with the excluded uses was appropriate for the property and that the nursing home provided the necessary transition between residential and industrial uses. J. F. Larsen, developer for Oliver Godwin, reported that the subject property is currently owned by Mr. Godwin who has lived on the premises since 1966. The adjacent property east of Mr. Godwin’s property is zoned as Light Industrial and conforms with the adjacent properties further east. The property to the west accommodates a nursing and personal care facility known as Gresham Place Apartments. The zoning request of CD (I-1) Light Industrial meets the ordinance standards, findings of facts, land classification, county policies for growth development, as well as set back requirements. A substantial buffer with mature trees is located on the subject property as well as a landscaped buffer located on the residential property side with an additional twenty feet. The plan proposed is an office park for businesses with storage and warehouse space and provides an excellent zoning transition. Commissioner Pritchett asked for clarification on the number of parking spaces. Mr. Larsen responded that eighty-seven parking spaces are in the proposed plan. Commissioner Pritchett asked if there was adequate space for trucks to enter, load or unload, and exit without blocking Gordon Road. Mr. Larsen responded that there was adequate space for trucks to enter and exit without blocking Gordon Road. Commissioner Pritchett asked if NCDOT has plans for a stoplight at the intersection. Mr. Larsen responded that NCDOT has been contacted concerning a stoplight at the intersection and that they are waiting on a response; the widening of Gordon Road has been taken into consideration in the proposed plan. David Floyd of Floyd Investments commented he is in favor of the rezoning; he owns the adjacent property which is zoned I-1 and will soon begin development. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Chairman Greer to rezone approximately 3.30 acres of property located at 6620 Gordon Road from R-15 Residential to CD (I-1) Light Industrial. 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. 8B 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 8B, Page.53. Chairman Greer called for a motion to grant a Special Use Permit. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to grant a Special Use Permit to J. F. Larsen for Oliver Godwin to construct a project comprised of Conditional Use Light Industrial located at 6620 Gordon Road subject to the conditions recommended by the Planning Board based upon the evidence presented and findings of fact concluding that: (1) 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; (2) the use meets all required conditions and specifications of the Zoning Ordinance; (3) the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and (4) 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 part of the minutes and is contained in SUP Book III, Page 24.1. PUBLIC HEARING TO CONSIDER REQUEST BY DESIGN SOLUTIONS TO AMEND ZONING TEXT SECTION 50.5 OF THE TABLE OF PERMITTED USES OF THE NEW HANOVER COUNTY ZONING ORDINANCE TO PERMIT VETERINARIES IN THE O&I OFFICE AND INSTITUTIONAL DISTRICT (A- 333, 04/04) Chairman Greer opened the public hearing and requested Planning Director Dexter Hayes to present the Staff summary. Planning Director Hayes reported that the petitioner, Cindee Wolfe of Design Solutions, requested amendment to zoning text Section 50.5 of the table of permitted uses of the New Hanover County Zoning Ordinance to permit veterinaries in the O&I Office and Institutional District. The justification for this request is that currently the ordinance allows kennels as a Special Use Permit in the O&I Office and Institutional District and typically veterinaries are significantly less intrusive and more in keeping with professional office type developments. The Planning Board voted 6-0 to amend the table of permitted use with a restriction on outside runs. Staff recommends that veterinaries be permitted by Special Use Permit in the O&I District. The special use permit process would allow the Planning Board and Commissioners an opportunity to review plans for veterinary clinics and any associated kennels. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, MAY 3, 2004 PAGE 30 Commissioner Pritchett commented that a veterinarian office is less intrusive than a kennel; Commissioner Davis agreed. Commissioner Pritchett asked if this came as a specific request. Planning Director Hayes replied that it had come as a specific request from the petitioner. Chairman Greer asked if anyone from the public wished to speak on the request. Cindee Wolf of Design Solutions reported that this request for zoning text amendment was associated with a specific project proposal and that veterinarian offices not being included in the table of permitted uses was an oversight since kennels were included in the list of uses. Amending the table of permitted uses will allow the Planning Board and Commissioners to review each request. There being no further comment, Chairman Greer closed the public hearing and asked for direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to amend Section 50.5 of the Table of Permitted Uses of the New Hanover County Zoning Ordinance to permit veterinaries in the O&I Office and Institutional District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended Section 50.5 of the Table of Permitted Uses of the New Hanover County Zoning Ordinances permitting veterinaries in the O&I Office and Institutional District is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 27.7. PUBLIC HEARING TO CONSIDER REQUEST BY DESIGN SOLUTIONS ON BEHALF OF WILLIAM ALEXANDER TO AMEND AN EXISTING CD (O&I) SITE PLAN LOCATED IN THE 7700 BLOCK OF MARKET STREET(Z-635, 04/04) Chairman Greer opened the Public Hearing and announced that the conditional use process required a quasi- judicial hearing; therefore, any person wishing to testify must be sworn in by the Clerk to the Board. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Cindee Wolf Dexter Hayes Chairman Greer requested Planning Director Dexter Hayes to make the Staff presentation. Planning Director Hayes reported that this is a two part revision to an existing Conditional Use Site Plan originally approved in 1998: 1) a change in the permitted use to add veterinary use, and, 2) a change to site plan to reduce the square footage and impervious surface located in the 7700 block of Market Street on the west side at the corner of Alexander Road and Market Street. This item originally appeared on the Planning Board’s September 3, 1998, agenda as an R-15 to B-2 Rezoning. The item was tabled for 30 days to give the petitioner time to submit a revised application under conditional use guidelines. Subsequent to that directive the application was revised to CD (B-2) Business; specific uses were not listed. In December 1998, the Board of County Commissioners voted to approve a CD (O&I) proposal allowing all uses permitted within the O&I District. In November 1999, the applicant presented a revised CD(O&I) site plan showing 6,450 additional square feet of buildings and associated parking. Some neighbors stated their concern about some of the uses allowed in the O&I zone. The Planning Board recommended approval with the following conditions, which were ultimately adopted by the Board of Commissioners in December 1999: 1) Buildings supplemental to the proposed dental office will not be used for convenience food stores, drug stores, day care, or electric/gas and sanitary services. 2)The buildings along Alexander Road must have a minimum of two dormers facing Alexander Road, and all service utilities for these buildings must be shielded from view. 3) The buildings along Alexander Road should be perpendicular to Market Street, and the parking at the ends of these buildings should not extend beyond the building setback. The petitioner is requesting an amendment to the approved conditional use site plan. The petitioner has modified the building and parking layout and has presented the site plan in the context of a medical office complex including a veterinary office. The revised plan shows approximately the same building area as approved on the original site plan with an overall reduction in impervious surface. The plan continues to specify a 20’ buffer along Alexander Road, which was a condition of the previous approvals. The most notable change to the site plan is a proposed secondary driveway access to Alexander Road, which was removed from previous site plans as a result of neighborhood concerns. According to the ITE Trip Generation Manual the proposed project will generate slightly less than 100 peak hour trips and does not require a Traffic Analysis. 2004 Site Plan 1999 Site Plan1998 Site Plan Building Area22,360 s.f.28,700 s.f22,250 s.f. Impervious Surface59,566 s.f. (40.1%)76,072 s.f. (55.6%)70,308 s.f. (51.4%) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, MAY 3, 2004 PAGE 31 The petitioner is proposing to utilize an underground infiltration system to accommodate storm water management requirements and according to The New Hanover County Soil Survey it appears that the soil type is Kereb which is a well-drained soil and classified as suitable for septic. Additionally the Soil Survey indicates that the depth to the water table is approximately 6 feet which should be adequate for underground infiltration. The objective of the O&I Office and Institutional zone is to allow for a transition from commercial to residential uses. Staff recommends approval with the other conditions as approved in 1999. Commissioner Davis asked if kennels or outside runs would be allowed. Planning Director Hayes confirmed that kennels or outside runs would not be allowed. Commissioner Davis asked if this was consistent with the Land Use Plan. Planning Director Hayes reported that it was consistent with the Land Use Plan. Commissioner Pritchett voiced her concern about the Market Street entrance and the difficulty in making a left- hand turn. Planning Director Hayes reported that NCDOT was in the process of conducting a corridor study including turning units and driveway placements for this extension of Market Street up to the Porter’s Neck area. Those requesting permits have been notified by NCDOT that once the study is complete there may be changes and driveway permits may be revoked. Chairman Greer asked if anyone from the public wished to speak on the request. Cindee Wolfe of Design Solutions commented that the conditions imposed previously still stand and the previous findings of facts are in place, acknowledging that NCDOT is conducting the corridor study and are in control of the final placement of the driveway. Commissioner Pritchett asked if the entire building was to house the veterinary office. Ms. Wolfe replied that the two-story building will be a cat veterinary office without the need for any outdoor runs and the other one-story buildings will house medical offices. There being no further comment, Chairman Greer closed the public hearing and asked for direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to modify an existing Special Use Order in a Conditional Use Zoning District (O&I) to use property located in the 7700 Block of Market Street as requested by Design Solutions for William Alexander to include: 1) a change in the permitted use to add a veterinary use and 2) a change to site plan to reduce the square footage and impervious surface of the property. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an addendum to the Special Use Order is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 24.2. PUBLIC HEARING TO CONSIDER REQUEST BY PLANNING STAFF TO REZONE A PORTION OF PROPERTY OWNED BY THE FEDERAL AVIATION ADMINISTRATION LOCATED OFF OF HOLLY SHELTER ROAD WEST OF BLUE CLAY ROAD FROM R-15 RESIDENTIAL TO I-1 LIGHT INDUSTRIAL (Z-777, 04/04) Chairman Greer opened the public hearing and requested Planning Director Dexter Hayes to present the Staff summary. Planning Director Hayes reported that the New Hanover County Planning Staff initiated the recommendation for rezoning this parcel near Holly Shelter Road which is owned by the Federal Aviation Administration. Currently the zoning on this parcel is a combination of I-1 Light Industrial and R-15 Residential and affects buffering and setbacks on adjacent lands. The consolidation of the I-1 District will provide for better zoning administration and uniformity in land use patterns for the area. A representative from the FAA has confirmed that there are no concerns with the rezoning. The Planning Board voted 6-0 to recommend approval. Staff recommends approval. Chairman Greer asked if anyone from the public would like to speak. After hearing no further discussion, Chairman Greer asked for direction from the Board. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster to rezone a portion of property owned by the Federal Aviation Administration located off of Holly Shelter Road west of Blue Clay Road from R-15 Residential to I-1 Light Industrial. 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. 8A 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 8A, Page 31. CONSIDERATION OF ADDITIONAL STAFF FOR THE INSPECTIONS DEPARTMENT Inspections Director Jay Graham requested four additional positions due to the sustained and increased NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, MAY 3, 2004 PAGE 32 construction activity including new employment opportunities that Verizon Wireless will be bringing to the area. The additional positions requested are: 1Building Inspector 1Mechanical Inspector 1Electrical Code Enforcement Officer 1Code Administration Services Technician The additional positions are required to maintain adequate levels of available staff hours necessary to meet legal commitments. Staff recommends that the Commissioners approve the request for additional staff to be funded by use revenues generated from Code Enforcement Services fees, with the caveat of a Reduction in Force Policy, should fees not be adequate to support the positions for an undue length of time in the unforseen future. Commissioner Pritchett clarified that the Inspections Department is responsible for inspections county-wide including incorporated and unincorporated areas. Commissioner Pritchett asked for clarification on the process of notifying employees of the reduction in work force if revenues decrease. County Manager O’Neal responded that each new employee is required to sign an acknowledgment of the reduction in workforce policy. Commissioner Boseman commented that promises were made to Verizon and the fees generated by the inspections of the increased population will pay for the four positions. Commissioner Davis clarified that the Inspections Department had previously lost four positions due to attrition that had not been re-filled and this request refills those four positions. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster to approve the four additional staff in the Inspections Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Graham introduced Dennis Bordeaux and announced his new position as Assistant Director of Inspections. On behalf of the Board, Chairman Greer wished Mr. Bordeaux success in his new position. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 7:00 p.m to hold a meeting of the New Hanover County Water & Sewer District. Chairman Greer reconvened to Regular Session at 7:10 p.m. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. Al Barone, representing various Masonboro communities, reported on a State violation of storm water retention pond by developers of the Crosswinds subdivision. The County has, with the cooperation of the developer, placed a hold on building permits for four lots needed for the enlargement of the retention pond. The developer is now requesting building permits for these lots. He informed the Board that a May 6, 2004, meeting was scheduled with Representative Danny McComas, the State Department of Environment and Natural Resources and the State’s Attorney General’s Office to develop a plan for seeking injunctive relief for the Crosswinds homeowners. He requested that the County maintain the hold on building permits for these four lots and allow the Attorney General’s Office the time it needs to act. Commissioner Davis asked for clarification on why the hold on the lots was placed initially and who placed the hold on the lots. Assistant County Manager Weaver explained that the developer was found to be in storm water retention violation with the State Department of Environment and Natural Resources. At the request of the State DENR office, and with the cooperation of the developer, the County placed four lots on administrative hold from building permits. The developer is now requesting the hold be lifted and building permits issued. Due to staff turn-over in the Attorney General’s Office, the State has been delayed in instituting injunctive relief to the Crosswind homeowners. The four lots have been released by the County for the issuing of building permits. County Attorney Copley advised the Board that the developer voluntarily allowed the hold on the permits for three years, but has now notified the County that he will no longer agree to the hold. Since there is no County ordinance that is being violated, the County has no legal reason to continue to hold the building permits. The County needs reassurance from the State that resolution of the problem is forthcoming. Chairman Greer commented that holding the lots for thirty days will allow the May 6, 2004, meeting to take place with Representative Danny McComas, the State Department of Environment and Natural Resources, and the State’s Attorney General’s Office. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, MAY 3, 2004 PAGE 33 Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to continue the hold on building permits on four lots located in the Crosswinds subdivision for thirty days. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK: Chairman Greer called for a ten minute break. ADDITIONAL ITEMS Additional Items from Commissioner Caster •Commissioner Caster reported to the Board that he attended a reception at UNCW Center of Marine Science for Dr. Leslie Alexandre, President and CEO of the NC Biotechnology Center. The Biotechnology Center is currently located in the TRI area and is considering the Wilmington area for a satellite location. •Commissioner Caster commented that he and other Commissioners enjoyed reading to students at Johnson Elementary School last week. •Commissioner Caster reported to the Board that he attended the second annual Public Service Recognition reception hosted by the Political Science Department of UNCW MPA Program. County Manager Allen O’Neal and former Clerk to the Board Lucie Harrell were honored with a Public Servant of the Year award. The Coastal Land Trust Organization and the Allocation Committee for the Cape Fear Area United Way both received a Public Organization of the Year award. •Commissioner Caster reported to the Board that he attended a meeting at UNCW Center for Marine Science and received an update on marine science initiatives taking place across the nation including the newly released U. S. Commission on Ocean Policy and the ramifications it could have on the programs at UNCW Center for Marine Science. •Commissioner Caster reported to the Board that he attended the Quality of Life Conference held at UNCW. UNCW Public Administration students briefed the attendees on community issues including economic health, community health, physical health, crime, education and environment. Comparisons were made between Brunswick, Columbus, Pender, and New Hanover counties and statistics comparing New Hanover County to eight counties of comparable size pointed out some areas that need improvement and other areas, especially education, where the area is doing well. •Commissioner Caster informed the Board that he attended a luncheon honoring Sonny Jurgensen at the Cotton Exchange. •Commissioner Caster informed the Board he attended a press conference announcing the impending purchase of the Convention Center property by the City and the TDA would be working closely with this project. Additional Items from Commissioner Pritchett •Commissioner Pritchett informed the Board that she attended the Razor Walker Award dinner hosted by the Education Department at UNCW. This honor is bestowed on individuals who perform special acts of kindness for children. •Commissioner Pritchett informed the Board that she attended the American Cancer Society’s Relay for Life which was held at Ashley High School where over $400,000 was raised. She thanked Yona Bar-Zeev for his work with the American Cancer Society. Additional Item from Commissioner Davis •Commissioner Davis commented on the success of the Airlie Gardens Arts Festival; he shared how impressed the artists were with Airlie Gardens and the kind reception they received from the citizens of New Hanover County. Additional Item from Chairman Greer •Chairman Greer thanked the many volunteers who helped make the Airlie Gardens Arts Festival a success and the Coastal Classic for the Hospital Foundation a success. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 7:45 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board