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2004-12-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 192 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 6, 2004, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members 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 Kenneth McAllister, Associate Pastor, The Rock of Wilmington, gave the invocation. Vice-Chairman Boseman led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Chairman Greer requested a motion to approve the minutes of the following meetings: Special Meeting – November 18, 2004 Regular Meeting – November 22, 2004 Closed Session Meeting – November 22, 2004 Commissioner Pritchett requested the minutes from the Regular Meeting of November 22, 2004 be removed from the Consent Agenda. Chairman Greer requested a motion to approve the minutes of the Special Meeting of November 18, 2004, and Closed Session Meeting of November 22, 2004, as presented by the Clerk to the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster to approve the minutes of the Special Meeting of November 18, 2004, and Closed Session Meeting of November 22, 2004, as presented by the Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 5:35 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 5:38 p.m. PRESENTATION OF PLAQUE OF APPRECIATION TO VICE-CHAIRMAN BOSEMAN Chairman Greer, on behalf of the Board, presented a plaque to Vice-Chairman Boseman in recognition of her service to New Hanover County. He expressed appreciation to her for the time and effort given to serve in this capacity and for the outstanding manner in which she had served the citizens of New Hanover County. Vice-Chairman Boseman expressed appreciation to her fellow members of the Board and stated it had been an honor to work with them and serve the citizens of New Hanover County. She stated that she looked forward to continuing to serve the citizens of New Hanover County as a State Senator. OATHS OF OFFICE ADMINISTERED Commissioner Davis thanked the audience for allowing him to serve the County for another four years as a County Commissioner. He introduced his wife, Jane and father Ted Davis, Sr. Chief District Court Judge John J. Carroll administered the Oath of Office to Ted Davis, Jr. Commissioner Pritchett thanked the audience for allowing her to serve the County for another four years as a County Commissioner. She stated that she has enjoyed the past four years and looks forward to the next four years. She introduced two of her four sons, David and John Pritchett. Chief District Court Judge John J. Carroll administered the Oath of Office to Nancy H. Pritchett. Commissioner-Elect Kopp recognized Bardell Hughes, Jerry Lewis, and Robert Simmons who served with him in Brunswick County. Mr. Kopp introduced his wife, Barbara, aunt, Daisey Bell Harris, and son Daniel. District Court Judge Sandra Ray Criner administered the Oath of Office to William A. Kopp, Jr. Copies of the Oaths of Office are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIX, Page 11.1. Chairman Greer recognized and welcomed current and retired officials in the audience. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Members present were: Commissioner William A. Caster; Commissioner Ted Davis, Jr.; Commissioner Robert G. Greer; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Sheila L. Schult. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 193 County Attorney Copley opened the floor to receive nominations for Chairman of the Board of County Commissioners for the ensuing year. Commissioner Caster nominated Commissioner Greer. Commissioner Kopp seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: Upon vote, Commissioner Greer was unanimously elected to serve as Chairman of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. Commissioner Davis nominated Commissioner Pritchett. Commissioner Pritchett seconded the nomination. Commissioner Kopp nominated Commissioner Caster. Chairman Greer seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: Upon vote on the nomination to elect Commissioner Pritchett to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year, the Board voted 2 to 3. Chairman Greer, Commissioner Caster and Commissioner Kopp voted in opposition. Vote: Upon vote on the nomination to elect Commissioner Caster to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year, the Board voted 3 to 2. Commissioner Davis and Commissioner Pritchett voted in opposition. MEETING CONVENED FROM REGULAR SESSION TO RECONVENE THE WATER AND SEWER DISTRICT MEETING FOR ELECTION OF A CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Chairman Greer convened from Regular Session at 5:45 p.m. for the County Attorney to preside over the election of a Chairman and Vice-Chairman for the Water and Sewer District Board of Commissioners. Chairman Greer reconvened to Regular Session at 5:50 p.m. CONSIDERATION OF RESOLUTION TO HONOR JUDGE ELTON G. TUCKER Chairman Greer stated that the Commissioners wish to recognize Judge Elton G. Tucker, retiring December 2004, for his service to the people of New Hanover and Pender Counties for twenty-one years. Chairman Greer read the resolution into the record and requested a motion for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett to adopt the resolution honoring Judge Elton G. Tucker for his service to the people of New Hanover and Pender Counties for twenty-one years. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 11.2. BREAK Chairman Greer called for a break at 6:00 p.m. and announced that refreshments were on the Sun Porch in honor of the out-going and newly sworn-in County Commissioners. MEETING RECONVENED TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 6:30 p.m. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manger, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Sheila L. Schult. Chairman Greer recognized Boy Scout Troop 218 members Boyce Whitesides and Joshua Kirk Andrews and announced that they were working on their merit badges. Chairman Greer announced that the Board has received a letter from Attorney Jeffery Keeter requesting that Regular Agenda Item 4.5 be continued until the Board’s January 10, 2005 meeting. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any Commissioner would like to remove or discuss any item on the Consent Agenda. Vice-Chairman Caster requested removal of Consent Agenda Item 3 for discussion. Discussion of Consent Agenda Item 3 – Budget Amendment in the Amount of $2,953 for Project Assist Program Vice-Chairman Caster requested clarification on the funding received from the State. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 194 Health Education Supervisor Elizabeth Constandy reported that funds in the amount of $2,953 were proposed to come from North Carolina Cancer Prevention and Control Foundation but due to budget reductions the State notified the County that the funds would come from the American Legacy Foundation, which is a national youth tobacco prevention initiative. County Manager O’Neal reported that additional information has been added to Consent Agenda Item 4.2 for further explanation of funds. After hearing no comments, Chairman Greer called for a motion to approve the Consent Agenda. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Request by Arboretum Foundation to Use One County Free Day at the Coastline Convention Center for the 2005 Wilmington Garden Show The Commissioners approved the request by the Arboretum Foundation to allow the Arboretum to use one of the County's free days at the Coast Line Convention Center during the 2005 Wilmington Garden Show. The use of one free day enables the Foundation to apply the saved funds directly to Arboretum projects and operations. Acceptance of Project Assist Funding and Approval of Associated Budget Amendment #05-0096 – Health Department The Commissioners accepted Project Assist funding in the amount of $2,953 and approved associated budget amendment #05-0096. The funds will be used to support American Legacy efforts. Budget Amendment #05-0096 – Health Department AdjustmentDebitCredit Project Assist: American Legacy$2,953 Departmental Supplies$2,953 Explanation: To budget state funding received to support American Legacy efforts. Approval of Budget Amendment #05-0098 – Cape Fear Museum The Commissioners approved the following budget amendment: Budget Amendment #05-0098 – Cape Fear Museum AdjustmentDebitCredit Grassroots Grant: Grassroots Science Grant$1,392 Administrative Reserve$1,392 Explanation: Reduction in Grassroots Science grant allocation for FY 04-05 (.75%). Approval of Budget Amendment #05-0099 – Sheriff The Commissioners approved the following budget amendment: Budget Amendment #05-0099 – Sheriff AdjustmentDebitCredit Administration: Other$2,680 Uniform Patrol: Make a Child Smile Program$1,430 Safe Summer Program$1,250 Explanation: To budget contributions for the Make a Child Smile and Safe Summer programs. Additional Information: The Sheriff’s Office School Resource Officers have initiated a program called “Make a Child Smile” which will enable a group of children to have a good Christmas. This program will be funded by contributions (monetary or the purchase/donation of actual gifts). The New Hanover County Elementary Schools will provide names of twenty to twenty-five children who would benefit most from this program. The Patrol Division at the New Detention Center will be the location of a Christmas party for the children, including refreshments and Santa distributing gifts. It is the intention of the Sheriff’s Office to operate the Make a Child Smile program during future Christmas seasons. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 195 Approval of Budget Amendment #05-0100 - Elections The Commissioners approved the following budget amendment: Budget Amendment #05-0100 – Elections AdjustmentDebitCredit Board of Elections: Help America Vote Act$12,066 Departmental Supplies$21,066 Explanation: To budget technology grant for upgrades for Board of Elections. The grant is to be used for the purchase of computers, printers, telephones, faxes and other electronic equipment that will facilitate the voter registration process and contribute to the orderly conduct of elections. REGULAR ITEMS OF BUSINESS RECOGNITION OF NEW HANOVER COUNTY FIRE SERVICES AND WILMINGTON FIRE DEPARTMENT FOR SERVICE TO ELDERLY RESIDENTS DURING FIRE PREVENTION WEEK Department of Aging Director Annette Crumpton reported that this year the celebration of Fire Prevention Week, "Test Your Smoke Alarms", marked a partnership between the New Hanover County Department of Aging, New Hanover County FireServices and the Wilmington Fire Department to provide a program to test smoke alarms for elderly residents. Ms. Crumpton introduced Faye Jacobs, Independent Life Services Director, NHC Department of Aging and Sarah Chapman, Community Fire and Life Safety Educator. Ms. Jacobs thanked the New Hanover County Fire Services and the Wilmington Fire Department for their service to elderly residents during fire prevention week. Ms. Chapman reported that fire service personnel checked and installed smoke alarms in the homes of the Department of Aging's Home Delivered Meal clients. A total of 132 homes were visited and inspected for working smoke alarms. Eighty-three alarms were installed in sixty-eight homes; some homes received more than one alarm. Of the homes inspected, sixty-four had working, up-to-date systems and did not receive new alarms. Alarms were installed in 52% of the homes visited. This service was performed by twenty-one fire personnel under the direction of Chief Hall, New Hanover County Fire Chief; Chief Davis, Fire Marshal; Chief Blackley, Assistant Chief, Wilmington Fire Department; and Sarah Chapman, Wilmington Fire Department Community Fire and Life Safety Educator. On behalf of the Board, Chairman Greer recognized and presented certificates of appreciation to the New Hanover County Fire Services and the Wilmington Fire Department for their service to elderly residents during Fire Prevention Week. PUBLIC HEARING TO CONSIDER REQUEST BY SHELLINGTON PROPERTIES, INC. TO REZONE APPROXIMATELY 1.40 ACRES OF PROPERTY LOCATED IN THE 6500 BLOCK OF GORDON ROAD FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL (Z-781, 09/04) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make the presentation. Director Hayes reported that the petitioner has revised his rezoning petition from a request for O&I Office & Institutional to a request for R-10 Residential. This change is largely a result of feedback from the August Planning Board meeting and Staff’s concern with expansion of nonresidential uses for the subject property and nearby properties. With the revised petition the subject property is approximately 1.40 acres and has approximately 150 feet of frontage on Gordon Road. Under the current zoning, the property could accommodate four units. The proposed zoning change would allow five units. The adjacent parcels to the east are zoned R-10 Residential. The subject property is within the urban growth boundary and is classified as Developed in the Comprehensive Land Use Plan. The proposed zoning is consistent with the established policies for this land classification and the adjoining neighborhood. The Planning Board unanimously voted to recommend approval. No one spoke in support or opposition. Staff recommends approval. Commissioner Davis confirmed with Director Hayes that the proposed rezoning request was consistent with the Land Use Plan. Chairman Greer asked if anyone from the public wished to speak in favor or opposition of the request. There being no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve rezoning approximately 1.40 acres of property located in the 6500 block of Gordon Road from R-15 Residential to R-10 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 196 A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 55. PUBLIC HEARING TO CONSIDER REQUEST BY THE NEW HANOVER COUNTY AIRPORT AUTHORITY FOR A SPECIAL USE PERMIT TO LOCATE AVIATION SAFETY EQUIPMENT IN AN R-15 RESIDENTIAL DISTRICT LOCATED IN THE 7800 BLOCK OF SIDBURY ROAD (S-524, 11/04) Chairman Greer opened the Public Hearing and announced that the special use process required a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. 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: Dexter Hayes Julie Wilsey Chairman Greer requested Planning Director Dexter Hayes to make the Staff presentation. Director Hayes reported that Deputy Airport Director Julie Wilsey presented the request to the Planning Board requesting to locate aviation safety equipment in an R-15 Residential District located in the 7800 block of Sidbury Road. The Planning Board approved the request by a vote of 7-0 with the condition of adequate landscaping. Staff recommends approval. Director Hayes entered the following findings into the record: 1.The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A.The site is located in the Ogden Fire District. B.The site is served by private well and septic. C.The site has access to Sidbury Road that is classified as an Arterial Road by the Thoroughfare Classification Plan. 2.The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A.A site plan showing a fenced area approximately 350’X230, with a 6’X8’ shelter, a short antenna and overhead wires approximately 50’ above finished grade. B.The project will have no effect on automobile traffic. C.No signage is proposed. 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 equipment is necessary for aviation safety at the airport. B.The location cannot be seen from the public right of way. C.Adequate landscaping can be provided along the security fence to mask the shelter and antenna. D.No evidence has been presented that this facility will decrease the value of adjoining property. 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 1999 Land Classification Plan identifies this area as Rural. The purpose of the Rural class is to provide for areas of low intensity land uses, such as agriculture, forest management, mineral extraction, and other traditional agrarian uses. This classification discourages the premature conversion of these lands into urban-type uses and the subsequent loss of resource production. B.The property is currently forested and not used for traditional agrarian uses. Commissioner Davis confirmed with Director Hayes that the proposed special use request was consistent with the rural classification of the Land Use Plan. Chairman Greer asked if anyone from the public wished to speak in favor or opposition of the request. Deputy Airport Director Julie Wilsey reported that the FAA is funding this project and the Airport Authority located the site for the facility using criteria set by the FAA. The site has to be located within four to seven nautical miles off the centerline of runway twenty-four. A seller was found with a suitable site and currently a buy/sell agreement exists. Closing on the property should occur within the next sixty days. There being no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the request by the New Hanover County Airport Authority for a Special Use Permit to locate aviation safety equipment in an R-15 Residential District located in the 7800 block of Sidbury Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 197 A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 31.1. PUBLIC HEARING TO CONSIDER REQUEST BY BUCK O’SHIELDS TO REZONE APPROXIMATELY 5.90 ACRES OF PROPERTY LOCATED AT 7325 DARDEN ROAD ON THE WEST SIDE BETWEEN MIDDLE SOUND LOOP ROAD AND WENDOVER LANE FROM R-20 RESIDENTIAL TO R-15 RESIDENTIAL (Z-787, 11/04) Chairman Greer opened the Public hearing and requested Planning Director Hayes to make the presentation. Director Hayes reported that the subject property is located on the west side of Darden Road between Middle Sound Loop Road and Wendover Lane. The petitioner is requesting a rezoning from R-20 Residential to R-15 Residential. With the exception of the coastal frontage, the majority of Middle Sound, including thesubject parcel, was originally zoned R-15 Residential. In the late 1980’s concerns about growth lead to a mass rezoning of most of the undeveloped land in Middle Sound. This rezoning effort resulted in the R-15 areas being rezoned to R-20 and the R-20 areas being rezoned to R-20S. The subject property is on the border of that rezoning effort and is directly adjacent to an R-15 residential district. Improvements have been made to the Darden Road, Middle Sound Intersection, more restrictive environmental rules are in place as well as a residential storm water management ordinance, and County Sewer is about to be activated. While this petition is the only rezoning petition for the subject property, it is the third time that there has been a development application in front of the Board for this parcel in 2004. The first two applications were for uses permitted by special use permit. Ultimately the Board determined that these uses were not in harmony with the residential character in the area. The proposed rezoning is a request for residential zoning similar to what surrounds the parcel. The subject property is adjacent to two subdivisions that were developed under the R-15 performance residential guidelines and is also adjacent to an undeveloped tract of R-15. If developed under the current R-20 zoning, the subject property is permitted eleven residential units. Under the proposed R-15 rezoning, the property can accommodate fifteen total units; the net increase in dwelling units is four units. The property is classified as Resource Protection by the New Hanover County Comprehensive Plan. Density within the Resource protection class should not exceed 2.5 units per acre. The proposed rezoning request is consistent with the Comprehensive Plan and the additional four units should have minimal effect on the area. The Planning Board voted 5-2 to recommend approval. Two people spoke in opposition to the request. One adjacent neighbor from Wendover Lane, which is north of the subject property, presented concerns about traffic. Another resident of the Middle Sound Area presented concerns about storm water management and parking around the school. Staff recommends approval. Commissioner Davis clarified with Director Hayes that the net increase in dwelling units is four units and staff believes that the increase in traffic will be inconsequential. Development and storm water plans will be considered through the subdivision and storm water review process. This will be a strictly residential development. Commissioner Kopp clarified with Director Hayes that sewer installation is close to completion. Commissioner Pritchett asked Director Hayes what objections the two Planning Board members who voted in opposition to the proposal stated. Director Hayes responded that they did not feel that they had enough information on the specific development plan. Chairman Greer asked if the applicant would like to speak on behalf of the request. Buck O’Shields, applicant and resident of the Middle Sound area, stated that the proposed property has been before the Board earlier in this year. The Board has denied two rezoning requests for a special use permit in the Middle Sound Area in the past year. The rezoning request before the Board at this time is for residential only, not for commercial use. He stated that he is not a “front” for anyone else but was acting on behalf of his wife and himself. Mr. O’Sheilds referenced the 1999 Land Use Plan Policies and Updates that states up to 2.5 units per acres will be permitted in resource protection areas and the proposed rezoning request before the Board is in keeping with this policy. He stated there would be no problem developing the property, referencing a letter from the previous rezoning request from a land management company stating that the Corps of Engineers had reviewed the property and there were no 404 wetlands on the property. Road and traffic issues will be addressed by the State at the same time that Ogden Elementary School is closed for renovations. At this time on-shoulder parking is utilized due to the lack of on-site parking at the school. Residents or school administration can request no-shoulder parking from the State. Mr. O’Sheilds referenced letters and e-mails from several sources noting that the same people who were in support of the commercial rezoning request are in opposition to this residential rezoning request. Those opposing this request are stating traffic issues and impervious surface area concerns and yet were in support of the larger special use NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 198 permit that would have attracted a larger volume of traffic and resulted in more impervious surface area from a parking lot. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Dr. H. David Shuster stated that he is a resident of the Middle Sound Loop area and is opposed to the request due to the increase in density and is concerned that the proposed project will change the quiet, rural atmosphere that currently exists. He would like to see a park area on Darden Road. Robert Parr stated that he is a resident of the Middle Sound Loop area and is opposed to the request due to traffic and safety issues and the lack of a specific development plan being submitted by the petitioner. He voiced his concern that there is no guarantee that the site would be used for residential except the petitioner’s word. Other developers in this area have complied with the R-20 zoning and he feels the petitioner should also. Mr. Parr referenced an excerpt from a letter entered into the record by Grady Richardson that states wet retention bases and storm water retention ponds cannot be used on the property; also an infiltration basin is not permitted due to soil conditions. There is no good way to control storm water runoff and this will present consequences to Pages Creek. The petitioner and the Planning Department have not addressed the storm water issues and he requested the Board to deny the request. Linda Warden, a resident of the Middle Sound Loop area stated that she is opposed to the request due to the increase in traffic and environmental concerns. She stated that she was against the last two rezoning requests. Tommy Watters, a resident of the Middle Sound Loop area, stated that he is opposed to the request due to environmental concerns. He stated that he was against the last two rezoning requests. Chairman Greer asked the petitioner for rebuttal comments. Mr. O’Shields stated that the Grady Richardson letter that Mr. Parr referenced addressed the storm water issues for that particular proposed project. The zoning in the resource protection areas has a limitation of impervious areas; each lot has an impervious surface limitation of 25%. The impervious area issue will be addressed as the subdivision is developed. Senior Planner Baird Stewart verified that the State’s storm water regulations state the limitation that only 25% of each lot can be impervious surface. Chairman Greer clarified that the storm water issues and development plans would be addressed at the appropriate time by the review process by both the State and/or County. County ordinances require buffer zones as one zoning abuts to another. Mr. O’Sheilds stated that every report that he has read concerning contamination in storm water runoff places most of the blame on animals not humans. The proposed project will not increase the storm water runoff. Chairman Greer asked the opposition for rebuttal comments. Mr. Parr stated that contamination in the streams may come from some animals but the way it gets into the creeks is from storm water runoff. Approving the rezoning request will increase the storm water run off into Pages Creek. Existing zoning of R-20 has less impervious surface than the requested rezoning of R-15. An informed decision could be made if a development plan was available. Commissioner Pritchett asked Director Hayes what the current approximate traffic volume was on Darden Road. Director Hayes responded that the last report of 9400 was for Middle Sound Loop Road, there is no traffic count for Darden Road. The people on Darden Road have two options for exit, by way of Wendover Lane or Middle Sound Loop Road. The four additional units requested in the rezoning would result in an increase of approximately thirty-two additional trips and should have minimal effect on the area. There being no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to rezone approximately 5.90 acres of property located at 7325 Darden Road from R-20 ResidentialtoR-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 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 I, Section 3, Page 9. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 199 PUBLIC HEARING TO CONSIDER REQUEST BY HOWARD CAPPS FOR ATLANTIS HOLDINGS, LLC TO REZONE APPROXIMATELY 23.20 ACRES OF PROPERTY ON THE NORTHEAST SIDE OF CAROLINA BEACH ROAD ACROSS FROM SILVA TERRA DRIVE FROM A COMBINATION OF CONDITIONAL USE (B-1) AND R-15 RESIDENTIAL TO CONDITIONAL USE (B-2) HIGHWAY BUSINESS (Z-760, 11/04) Chairman Greer opened the Public Hearing and announced that the conditional use process required a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. 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: Bryan Bolick Bartle Canny Howard Capps Dennis Chinn Maureen Chinn Matthew W. DiGioia Erik Graf Dexter Hayes Richard Hayes Nick King Thomas W. Landes David Miller Nick Newton Chairman Greer requested Planning Director Dexter Hayes to make the Staff presentation. Director Hayes reported that the petitioner is requesting a revision and expansion for an existing Conditional Use B-1 Neighborhood Business District. The basis for the revision from CD (B-1) to CD (B-2) is because of an error in the proposed list of uses that was approved with the original proposal in March 2003. The list of uses on the approved site plan included movie theaters. The applicant marketed his project for a year and a half based on the approved site plan and list of uses. The applicant has a movie theater that is interested in the location and in a recent telephone conversation Staff noted that movie theaters are not permitted in the B-1 Neighborhood Business District. Therefore, the applicant is requesting a revision to Conditional Use B-2 Highway Business, which allows movie theaters. In 2003 during the original site plan review there was significant discussion about the list of uses including “Convenience Food Stores” and “Automobile Service Stations.” However, there was no mention or discussion about a Movie Theater. In addition to the change of zoning district classification, the petitioner is asking to expand the Commercial portion of his project by approximately 10.6 acres for a total of approximately 23 acres. While the proposed theater might fit within the original boundaries of the commercial district, the character of the project would be severely impacted. The additional acreage allows the flexibility to address the main street design with building fronts while hiding the parking from the traveling public. The property is located at an existing controlled intersection on the northeast side of Carolina Beach Road across from Silva Terra Drive and is approximately 1.2 miles from the developing commercial node at Monkey Junction. As part of the original approval the applicant is developing plans to improve the signalized intersection to accommodate expected traffic. The applicant has also been working with County and City Staff and his neighbor to complete the road connection to St. Andrews Drive. The conditional use site plan is presented and designed in the context of a larger development that would incorporate a variety of housing types. The road configurations within the project create a desirable connection between Carolina Beach Road and South College Road that interconnects this project with the Johnson Farm Development. The project will also serve the existing communities in Silva Terra, and if the connection to St. Andrews Drive is completed, the project can also serve those multi-family developments. The applicant has worked with NCDOT to develop suitable standards to incorporate traffic circles as calming devices to discourage high speedcut through traffic on Pine Hollow Drive and the plan shows sidewalks and street landscaping to encourage pedestrian access from nearby neighborhoods. The subject property is located in the Developed Land Classification and is within the urban services boundary. Policies in the Comprehensive Plan promote development in these areas. Other policies in the Plan support locating commercial services in close proximity to the markets they serve and support mixed use development in undeveloped areas to reduce dependency on automobiles, while preserving valuable natural resources including open space. The Comprehensive Plan also supports providing street connectivity to reduce impacts of traffic on ourmajor thoroughfares. The proposed project accomplishes the Comprehensive Plan objectives and provides desirable traffic improvements to the area. The Planning Board unanimously approved the request with the following two conditions: 1) all utilities, services, dumpsters, and service areas shall be hidden from view from adjacent rights of way; and, 2) the roof lines viewed from adjacent rights of way on all structures shall not be mono-pitch type and should be gable or hip. The changes from the original site plan are: •Eight commercial buildings instead of six •Approximately 205,878 square feet instead of 112,566 •All proposed uses are permitted within the B-2 Highway Business District •There is sufficient area to accommodate the required landscaping and buffering NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 200 Director Hayes reported that Staff recommends approval. Chairman Greer asked Director Hayes how long an individual has to put in place a conditional use permit. Director Hayes reported that they have two years from the date of approval. The original project was approved in April 2003. Chairman Greer asked Director Hayes whether the property would revert back to the original zoning if the developer doesn’t start the project in four months. Director Hayes responded that it does not happen automatically; Staff would need to bring a recommendation to the Board for the change back to the original classification. Chairman Greer asked Director Hayes to clarify if the original plan had a movie theater shown or if it was only listed on the list of uses. If it was not shown on the original site plan, then apparently at that time, the developer didn’t plan to include a movie theater in the project. Director Hayes responded that a movie theater was on the original plan list of uses but not at the scale and size that is presently being proposed. It was not on the original site plan. The discussion at the time of the original proposal focused on convenience food stores, automobile service stations and grocery store uses. Commissioner Davis asked Director Hayes if the proposed rezoning was consistent with the Land Use Plan and satisfied the following criteria: 1) promotes locating commercial services in close proximity of the markets they serve; 2) supports mixed-use development in undeveloped areas to reduce dependency on automobiles while preserving valuable natural resources including open space; and 3) supports providing street interconnectivity to reduce traffic on major thoroughfares. Director Hayes responded that Staff and the Planning Board felt that the proposed project did satisfy the Land Use Plan and the criteria listed. Commissioner Pritchett clarified with Director Hayes that the developer would have twenty-four months from today if the rezoning request was approved. Chairman Greer asked the applicant if he would like to speak on behalf of the request. Howard Capps, the Landscape Architect representing Atlantis Holdings, reported that he has been working with Matthew DiGioia for the past three years on this project. For the past year Mr. DiGioia has worked closely with NCDOT to address the traffic-calming device called a roundabout. The B-1 rezoning was approved in April 2003. The movie theater was included in the list of twenty-four approved uses. Due to an oversight it was not discovered until recently that a movie theater was not on the approved list of uses in the B-1 zoning but is included in the list of uses in B-2 zoning. The proposal before the Board now is for the B-2 zoning to include a movie theater and expansion of the commercial portion of this project by approximately 10.6 acres for a total of approximately 23 acres. The total list of uses in B-2 zoning contains eighty-five uses but Mr. DiGioia has agreed to limit the uses to the original twenty-four uses; one being the movie theater. The proposed project is located on a major thoroughfare, has access to a traffic signal and to City water and County sewer. The proposed plan contains eight buildings. The original plan showed a grocery store that is about 3000 square feet less than the proposed movie theater but the traffic impact study shows that the grocery store would generate more traffic than a movie theater. Permits have been released for the erosion control plan, tree removal, water extension, sewer extension, City storm water, County storm water, State storm water, subdivision and driveway. As requested by the Planning Board, the utilities and dumpsters will be screened from view of the adjacent right of ways. The developer has included public sidewalks in the proposal to encourage pedestrian traffic. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Richard A. Hayes, representing the Silver Lake Baptist Church, spoke on the Church’s interest in seeing what is being proposed and concerns of storm water run off, impact on existing drainage, liability to solve potential drainage problems, and possible uses of offices and/or stores. Dennis Chinn, a resident of Johnson Farms, spoke in opposition to the proposed project stating traffic and safety concerns. He stated that he would have spoken in opposition at the Planning Board meeting but did not have knowledge of when the meeting was. When he purchased his home he was not aware that his street would become a connector street between Carolina Beach Road and College Road. Maureen Chinn, a resident of Johnson Farms, spoke in opposition to the proposed project stating that she represented fifteen mothers with children under the age of ten who are concerned with the traffic and safety issues on Pine Hollow Drive. Nick Newton, representing Summerlin Falls POA, spoke in opposition to the proposed project stating that he is concerned about safety and traffic issues. He did not feel that the public was properly notified of the Planning Board’s meeting or the Commissioners’ Board meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 201 Bryan Bolick spoke in opposition to the proposed project stating that he is concerned about safety and traffic issues on Pine Hollow Drive. Erik Graf, a Pine Hollow Community resident, spoke in opposition to the proposed project stating that he is concerned about traffic and safety issues, people speeding, and the late hours of operation of a movie theater. Bartle Canny, a resident on Pine Hollow Drive, spoke in opposition to the proposed project stating that he is concerned about traffic and safety issues. Chairman Greer asked the petitioner for rebuttal comments. Mr. Capps responded that the traffic concern the opposition has voiced is with the existing developments and interconnectivity from Carolina Beach Road to College Road. The developer is proposing traffic-calming roundabouts to address the speeding and traffic problem as it connects to Pine Hollow Drive. The bulk of traffic will be on Carolina Beach Road and on St. Andrews Road if the street connection is allowed. Pine Hollow Drive is shown as a collector street and the developer is following recommendations from City and County staff to make the project interconnect to Pine Hollow Drive. The developer owns forty-four acres; twenty-three acres are a part of this proposal. There is a site north of the proposed project that is proposed for an independent living facility; adjacent to that are residential properties. Between the end of Pine Hollow Drive and the northern edge of this commercial development, Mr. DiGioia has sold property to a residential developer who is building fifty-three patio homes that will range between $300,000-$400,000. The patio homebuyers will have full knowledge that it connects to Pine Hollow Drive and the commercial development. In response to the church’s concerns, storm drainage is traveling in the opposite direction from the church and will be collected in retention facilities then travel under St. Andrews Drive into a large wetlands area. The proposed project does not abut the church property. Chairman Greer asked the opposition for rebuttal comments. Mr. Hayes stated that the Church’s concern was the storm water runoff from the proposed project. Chairman Greer stated that County policies prohibit storm water runoff from one project negatively affecting another. Mr. Chinn stated that he is not in opposition to the project but to the increase in the traffic problems and hopes if the rezoning is approved that the developer will work with the Pine Hollow Drive residents to address these problems. Mr. Newton stated that the CD/B-2 zoning has a list of 85 uses and he has concerns that if the rezoning request is approved the developer would use this list or sell the property to someone else who would. Chairman Greer clarified that this was a special use permit and the developer has said if the property is rezoned to B-2 he would use the B-1 list of 23 uses and add only the movie theater. That is all that would be approved for the property through the special use process. Mr. Graf stated that the most immediate way from the proposed movie theater to College Road would be down Pine Hollow Drive and requested the Board to vote in opposition of the request. There being no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Chairman Greer asked Director Hayes if the County followed the proper procedures when advertising the Planning Board’s meeting. Director Hayes responded that the proper procedures were followed. Adjacent property owners were notified by mail, a sign was placed on the property, three ads were placed in the newspaper and the County website also listed the Planning Board’s agenda. Chairman Greer clarified with Director Hayes that the original proposal was for twelve acres and the new proposal is for an additional eleven acres for a total of 23 acres. Chairman Greer asked Director Hayes if the first site plan had a grocery store on the twelve acres and if the proposed site plan has been expanded to add two more buildings, one being a movie theater. Director Hayes replied that was correct. Chairman Greer asked Director Hayes if the first site plan showed a movie theater. Director Hayes stated that the first plan was not approved correctly. The movie theater use was listed on the list of uses but it was not drawn on the site plan. The proposed plan has been reconfigured to accommodate the movie theater. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 202 Chairman Greer clarified with Director Hayes that the new plan increases the project land size over 50% and that the traffic circulation has not changed between plans. Director Hayes stated that this would allow these adjoining residential developments access to a signalized intersection. Chairman Greer clarified that Staff and the Planning Board recommended approval of the interconnectivity. Chairman Greer stated that he didn’t feel that this was a good idea because it would place commercial traffic in a residential area. Vice-Chairman Caster stated that the St. Andrews Drive connection would allow access from the movie theater as opposed to traveling on Pine Hollow Drive. Mr. Chinn responded that if the connections were completed from Pine Hollow Drive to St. Andrews Drive, traffic would be increased from the developments on St. Andrews Drive, and he asked the Board to vote in opposition. Chairman Greer clarified with Director Hayes that the original approved plan connects the commercial development to Pine Hollow Drive and if the proposed plan is not approved the original plan remains in place without a movie theater and only six buildings. Commissioner Davis asked Director Hayes how many screens the movie theater will have. Director Hayes responded that it would be a fourteen-screen movie theater. Commissioner Pritchett stated that she was concerned about the traffic issues in Johnson Farms and asked Mr. Capps if there was a possibility of prohibiting vehicular traffic in and out of the commercial development via Pine Hollow Drive and of eliminating the connectivity to College Road. Mr. Capps responded that the fifty-three-patio home development has been approved and the connection is already being constructed. The expansion of the site acreage and the B-2 zoning request to include a movie theater are the only changes before the Board. The proposed movie theater was originally submitted on the list of twenty-four uses, but due to an oversight Staff did not notice that movie theaters are not permitted in the B-1 Neighborhood Business District. Chairman Greer clarified with Director Hayes that a grocery store was in the original plan and that a movie theater was not drawn on the plan. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to denyrezoning approximately 23.20 acres of property on the northeast side of Carolina Beach Road across from Silva Terra Drive from a combination of CD (B-1) and R-15 Residential to CD (B-2) Highway Business based upon the evidence showing that the use would not be in harmony with the area in which it was to be located and also because of traffic safety concerns. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Kopp voted in favor. BREAK: Chairman Greer called for a break at 9:05 p.m. CONSIDERATION OF ESTABLISHMENT OF AN ADVISORY BOARD FOR THE JUVENILE DAY TREATMENT CENTER Assistant County Manager Pat Melvin reported that in accordance with the North Carolina Department of Health and Human Services, Division of Facility Services, Mental Health Licensure and Certification Section, it is mandatory to establish a Juvenile Day Treatment Center (JDTC) Advisory Board. As part of the Mental Health Initial Licensure Application, the County is required to establish a board to provide guidance on development of policies and procedures. John Ranalli, Director of the Juvenile Day Treatment Center reported that a task force comprised of client agency representatives and staff drafted a proposed advisory board structure for consideration. Nine members which may include four mandatory representatives, one from each of the following agencies - Southeastern Center, New Hanover County Schools, NC Department of Juvenile Justice and Delinquency Prevention, and Department of Social Services; five at-large members, two-year term appointments. Members may not serve more than two consecutive full terms and cannot be reappointed until at least one year after the last term. Terms will be staggered. Initially there will be two one-year appointments and three two-year appointments for at-large members. Purpose: 1.To develop necessary policies for the efficient and responsive operation of the Juvenile Day Treatment Center (JDTC) 2. To advise the JDTC Director on programs and services to meet client needs 3.To help establish goals and objectives to achieve successful outcomes 4.To advise the County Manager and County Commissioners concerning the operating and capital needs of the JDTC; and to serve on relevant committees/sub-committees 5.To actively promote public awareness of and advocate for the JDTC and its services NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 203 Qualifications include any County resident 18 years of age or older who has a sincere interest and commitment to promote positive youth development and to help youth succeed in their home community. Members shall be required to sign a Conflict of Interest agreement, which will be provided in advance of their appointment. Regular monthly meetings will be held at the Juvenile Day Treatment Center, 718 S. 3rd Street. (The JDTC Advisory Board will determine meeting dates at its first meeting.) Chairman Greer called for a motion. After discussion, the consensus of the Board was that the JDTC Advisory Board would have the same term criteria as the other existing County committees and boards and would also include a confidentiality clause. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster to approve the proposed board structure and establish a JDTC Advisory Board with the same term criteria as the other existing County committees and boards; include a confidentiality clause; and to direct the Clerk to the Board to advertise for applications to be brought before the Board of Commissioners for appointment. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF ANNUAL REVIEW AND APPROVAL OF PUBLIC OFFICIAL BONDS Chairman Greer reported that the Board is required annually to review public official bonds in December for the Finance Officer, Clerk of Court, Sheriff, Register of Deeds, Tax Collector and ABC Board members handling funds and set the amount of the Sheriff’s bond. Chairman Greer read the bond resolution into the record to approve the Surety Bond for the Finance Officer, Clerk of Court, Sheriff, Register of Deeds, and Tax Collector and pursuant to Section 162-8 of the North Carolina General Statutes set the Sheriff’s Bond in the total amount of twenty-five thousand dollars and requested a motion to adopt the resolution. Chairman Greer read the resolution into the record to exempt the bond requirement of said Section 18B-700 for any member of the New Hanover County ABC Board who does not handle Board funds, including but not limited to the Chairman of the New Hanover County ABC Board, and called for a motion to adopt the resolution. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolutions to approve the Surety Bond for the Finance Officer, Clerk of Court, Sheriff, Register of Deeds, and Tax Collector and pursuant to Section 162-8 of the North Carolina General Statutes set the Sheriff’s Bond in the total amount of twenty-five thousand dollars, and to exempt the bond requirement of said Section 18B-700 for any member of the New Hanover County ABC Board who does not handle Board funds, including but not limited to the Chairman of the New Hanover County ABC Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIX, Page 11.3. CONSIDERATION OF DESIGNATION OF VOTING DELEGATE FOR LEGISLATIVE GOALS CONFERENCE Chairman Greer reported that the North Carolina Association of County Commissioners has requested that each Board of County Commissioners designate a commissioner or other official as a voting delegate for the Legislative Goals Conference. The conference will be held January 13-14, 2005 at the Radisson Hotel, High Point, N.C. Chairman Greer called for nominations. Vice-Chairman Caster nominated Chairman Greer. Commissioner Kopp seconded the nomination. Vote : The Board voted unanimously to designate Chairman Greer as the New Hanover County voting delegate for the Legislative Goals Conference to be held January 13-14, 2005 at the Radisson Hotel, High Point. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 9:45 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 9:50 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. No items were presented. ADDITIONAL ITEMS NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, DECEMBER 6, 2004 PAGE 204 Item Presented by County Manager O’Neal County Manager O’Neal reported that the December 2004 issue of Attaché magazine contains a fifty-page profile on Wilmington and the Lower Cape Fear Region. He recognized Public Information Officer Mark Boyer for his work on this project. Item Presented by Commissioner Kopp Commissioner Kopp stated that he enjoyed his first meeting and was looking forward to serving on the New Hanover County Board of Commissioners. Items Presented by Commissioner Caster Commissioner Caster reported on the following items: •He met with the Port, Waterway, and Beach Commission and reported that they are currently working on several projects including the deepening of the harbor at Memorial Bridge and beach renourishment. •He met with Chairman Greer, Rick Catlin and Colonel Alexander with the Corps of Engineers to discuss funding for projects including the dredging of Wilmington Harbor up to the port including widening of the passing lane, the Bald Head Island entrance and other water issues. •He participated in the Wilmington International Airport ribbon cutting ceremony honoring the non-stop flight to Cincinnati. •He presented greetings at the Workforce Development Conference. •He attended the Foster Parents Reception hosted by the Department of Social Services. •He reported that the Tidal Creeks Advisory Board met and the group intends to reform as a countywide organization under the name of the Watershed Management Advisory Board. He will be bringing a resolution to the Board at the December 20 th meeting. Items Presented by Commissioner Pritchett Commissioner Pritchett reported on the following items: •She attended a mental health conference workshop with Assistant County Manager Pat Melvin at Pinehurst. •She participated in a tour with the City Street Commission along with two city council persons and city staff looking at commercial landscaping. •She reported that the Unified Development Ordinance Oversight Committee has completed its work and requested County Manager O’Neal to provide the Board with an update in the near future. Item Presented by Commissioner Davis Commissioner Davis reported that the Cape Fear Community College basketball team beat the UNC-CH Junior Varsity Basketball in the Dean Dome and encouraged support for the CFCC basketball team. Item Presented by Chairman Greer Chairman Greer thanked the Board for the privilege of serving as Chairman for the ensuing year. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 10:00 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board