2009-11-02 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 2, 2009 PAGE 698
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, November 2,
2009, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, NC.
Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Jason R. Thompson; Commissioner
Robert G. Greer; Commissioner William A. Caster; Commissioner Jonathan Barfield, Jr.; County Attorney Wanda
M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell.
Chairman Davis called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Wesley Memorial United Methodist Church Pastor David Wade gave the invocation.
Commissioner Caster led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to remove any item from the Consent
Agenda for discussion.
Adoption of Budget Ordinance
Commissioner Barfield requested Consent Agenda Item 9
Amendments
be pulled for discussion.
Adoption of Resolution Awarding Bid to
Vice-Chairman Thompson requested Consent Agenda Item 5
Capital Ford, Inc. for the Purchase of Thirteen Ford Crown Victoria Vehicles with Police Package
be pulled
for discussion.
Hearing no further comments, Chairman Davis called for a motion to approve the remaining items on the
Consent Agenda as presented.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to approve the remaining
items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes Governing Body
The Commissioners approved the minutes from the following meetings as presented by the Clerk to the
Board:
Agenda Review meeting held on October 15, 2009
Regular Session meeting held on October 19, 2009
Work Session meeting held on October 19, 2009
Adoption of Resolution Recognizing the 40th Anniversary of Wilmington Christian Academy Governing
Body
th
The Commissioners adopted the resolution recognizing the 40 Anniversary of Wilmington Christian
Academy.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXII, Page 21.1.
Appointment of Assistant County Manager Chris Coudriet as the Commissioners Representative on the
Criminal Justice Partnership Advisory Board and the Juvenile Crime Prevention Council Governing Body
The Commissioners appointedAssistant County Manager Chris Coudriet to the Criminal Justice
Partnership Advisory Board and the Juvenile Crime Prevention Council as the Board of Commissioners
representative.
Adoption of Resolution of Intent to Close/Abandon Western Portion Chair Road Planning Department
The Commissioners, according to North Carolina General Statutes 153-A-241, adopted the resolution of
intent to close a portion of Chair Road as requested by River Bluffs Development Corporation. A public hearing
will be scheduled for December 7, 2009 at 6:00 p.m. during the Regular Meeting of the Board of Commissioners.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXII, Page 21.2.
Acceptance of Grant Funds from the Bureau of Justice Assistance 2009 State Criminal Alien Assistance
Program and Adoption of Budget Ordinance Amendment 10-081 Sheriffs Office
The Commissioners, on behalf of the Sheriffs Office, accepted grant funds from the Bureau of Justice
Assistance 2009 State Criminal Alien Assistance Program in the amount of $211,768 and adopted Budget Ordinance
Amendment 10-081. The funds will be used for correctional purposes with no local match required.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXII, Page 21.3.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 2, 2009 PAGE 699
Acceptance of Grant Funds from the Bureau of Justice Assistance and Adoption of Budget Ordinance
Amendment 10-076 Sheriffs Office
The Commissioners, on behalf of the Sheriffs Office, accepted grant funds from the Bureau of Justice
Assistance in the amount of $14,573 and adopted Budget Ordinance Amendment 10-076. The funds will be used to
purchase bulletproof vests. General Fund Contingency funds in the amount of $14,573 will be used for the 50%
local match.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXII, Page 21.4.
Approval of Release and Refund of Boat Slips Tax Department
The Commissioners, due to an error of boat slips being taxed incorrectly within the City of Wilmington
instead of the Fire District, released the following boat slips and issued the appropriate refund as listed below:
Boat Slips New Value Amount of Refund
R05714-007-004-000 $ 1,596,583 $ 4,350.69
R05700-003-062-000 1,001,885 2,730.14
R05718-008-006-000 1,660,956 4,526.11
R05718-008-001-001 99,000 269.78
R05718-008-001-002 99,000 269.78
R05718-008-001-003 49,500 134.89
R05718-008-001-004 49,500 134.89
R05718-008-001-005 49,500 134.89
R05718-009-020-000 267,580 729.16
R05718-008-008-000 389,902 1,062.48
R05718-008-002-000 681,851 1,858.04
R05718-009-016-000 15,679 42.73
R05700-006-020-000 1,405,753 3,830.68
DISCUSSION OF CONSENT AGENDA ITEM 9 Adoption of Resolution Awarding Bid to Capital Ford,
Inc. for the Purchase of Thirteen Ford Crown Victoria Vehicles with Police Package.
In response to Board questions, Finance Director Avril Pinder clarified that the vehicles were not allowed
to be purchased on State contract because 2009 American Recovery and Reinvestment Act Funds were being used.
The bid process was required to be followed with the end purchase price being less than the State contract price.
DISCUSSION OF CONSENT AGENDA ITEM5 Adoption of Budget Ordinance Amendments.
In response to Board questions concerning Budget Ordinance Amendment 10-084, Assistant County
Manager Chris Coudriet clarified that the County made application in conjunction with the Juvenile Crime
Prevention Council. Public notice was made that dollars were available with the only application received being
from the BRIGADE Boys and Girls Club. The grant being awarded is from the 2009 American Recovery and
Reinvestment Act Fund. Normally the Juvenile Crime Prevention Council only endorses applications that they fund
from their annual contribution from the Department of Juvenile Justice and Delinquency Prevention.
In response to Board questions, Budget Director Cam Griffin confirmed that in recent years, the County has
not funded either of the local Boys Clubs.
Hearing no further questions, Chairman Davis requested a motion to approve Consent Agenda Items 5 and
9 as presented.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to approve Consent Agenda
Items 5 and 9 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Adoption of Resolution Awarding Bid to Capital Ford, Inc. for the Purchase of Thirteen Ford Crown
Victoria Vehicles with Police Package Sheriffs Office
The Commissioners adopted the resolution awarding the bid for the purchase of thirteen Ford Crown
Victoria vehicles with police package to Capital Ford, Inc. in the amount of $274,984.81.A portion of the funds
received from the 2009 American Recovery and Reinvestment Act, Justice Assistance Grant are being used for this
purchase. No local match is required.
A copy of the resolution of intent is hereby incorporated as part of the minutes and is contained in Exhibit
Book XXXII, Page 21.5.
Adoption of Budget Ordinance Amendments Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2010:
10-071 - Social Services
10-072 - Social Services
10-085 - Social Services
10-078 - Senior Resource Center
10-082 - Sheriff's Office
10-084 - Juvenile Crime Prevention Council
10-088 - Health
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 2, 2009 PAGE 700
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXII, Page 21.6.
REGULAR ITEMS OF BUSINESS
PUBLIC HEARING AND DENIAL OF TEXT AMENDMENT REQUEST BY JOHN WESSELL, ON
BEHALF OF DAVID MCCALL, TO ALLOW EATING AND DRINKING ESTABLISHMENTS AS A
PERMITTED USE IN THE OFFICE AND INSTITUTIONAL ZONING DISTRICT (A-381, 10/09)
Chairman Davis opened the Public Hearing and requested staff to make the presentation.
Planning and Zoning Manager Jane Daughtridge reported that Attorney John Wessell, on behalf of David
McCall, is requesting a text amendment to allow eating and drinking establishments as a permitted use in the Office
and Institutional Zoning District and presented a slide overview of the request.
Mr. McCalls request includes the following proposed conditions:
·
The restaurant shall not serve alcoholic beverages; and
·
The restaurant shall not have drive-through windows; and
·
The restaurant facility shall operate in a new or existing building of scale compatible with residential
districts or an existing building of historical significance.
Section 59.1-1 of the Ordinance describes the purpose of the Office and Institutional District as providing
areas where institutional uses, professional office uses and other uses compatible to uses of an office and
institutional nature shall be encouraged to locate and to provide protection for this type land use from encroachment
by other less desirable uses. The current list of uses is shorter than the commercial or industrial districts, and
focuses on offices as opposed to retail or commercial use. It also includes a possibility for residential use.
Historically, this district has been considered an appropriate transitional zoning designation to separate higher
intensity commercial use from adjoining residential districts.
Staff conducted an on-line review of twelve counties and three cities with the research showing the
following:
·
Six of the counties do not allow restaurants in O&I districts.
·
Two allow restaurants in O&I Districts with no drive-thru service.
·
Wilmington has two O&I Districts and allows restaurants in one district but not the other.
·
Cary allows only indoor restaurants in Office District.
·
Asheville allows only those with no drive-thru service or outdoor speakers.
The Planning Board, at their October 1, 2009 meeting voted 6-0 to recommend approval of the request with
an additional condition to limit the hours of operation from 7:00 a.m. to 11:00 p.m. Staff supports the Planning
Boards recommendation for approval with the conditions listed.
In response to Board questions, Manager Daughtridge stated that staff feels the proposed text amendment
will benefit the entire County not just one particular location. Locating restaurants by right in the O&I District and
near residential areas, with the proposed conditions, will help limit the number and distance of vehicle trips.
Previously, there has been no demonstrated demand for the proposed amendment.
Chairman Davis asked if anyone from the public wished to speak in favor of the request.
Attorney John Wessell, on behalf of David McCall, presented an overview of the request stating that the
text amendment request is compatible with the entire district. By taking away serving alcohol and limiting the hours
of operations, for the most part, late night problems will be eliminated. The proposed text amendment allowing
restaurants will take away the need to obtain a Conditional Use Permit and is an appropriate use in the O&I District.
He clarified that the Petitioners understanding is that the stated hours of operation would be for the public but that
staff could occupy the building for prep work. Mr. McCalls property is located within the Castle Hayne area.
Chairman Davis asked if anyone from the public wished to speak in opposition to the request.
Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board.
In response to Board questions, Planning and Inspections Director Chris OKeefe reported that if the text
amendment is approved proposed projects will be by right and not require Board approval. Staff feels there are
positive reasons to locate restaurants in the O&I District including limiting the number and distance of vehicle trips
for lunch workers and people in near-by residences.
After brief discussion with the Board voicing concerns that the O&I District was established to provide a
buffer and transition from higher intensity commercial use to residential areas and that the Conditional Use Permit
process allows the Board to review each project on a case by case basis and establish conditions specific to each
project, Chairman Davis requested direction from the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 2, 2009 PAGE 701
Motion:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Barfield, to deny the request to
amend the Zoning Ordinance to allow eating and drinking establishments as a permitted use in the Office and
Institutional Zoning District finding that the request is: 1) not consistent with the purposes and intent of the policies
adopted in the 2006 Land Use Plan; and 2) is not reasonable and in the public interest to allow eating and drinking
places in an Office & Institutional District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING AND APPROVAL OF SPECIAL USE REQUEST BY TOM JOHNSON, ON BEHALF
OF AMERICAN TOWER CORPORATION AND THE NEW HANOVER COUNTY SCHOOL SYSTEM,
TO LOCATE AT 90-FOOT TELECOMMUNICATION TOWER AT 225 MABEE WAY ON THE
MURRAYVILLE ELEMENTARY SCHOOL PROPERTY IN AN R-15 RESIDENTIAL DISTRICT (S-595,
10/09)
Chairman Davis opened the Public Hearing and announced that the special use process requires 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:
Jane Daughtridge
Chris OKeefe
Thomas Johnson
Graham Herring
Nenad Stanisavljevic
Jason Groseclose
Robyn Corpus
Sammantha Coulter
Charlie Skipper
Joseph Keech
Angela Peterson
Kim Harrell
Tammy Stumbo
Phil Garwood
Steve Coggins
Karen Harum
Brian Baker
Brooke Baker
Earl Worsley
Planning and Zoning Manager Jane Daughtridge reported Attorney Thomas Johnson, on behalf of
American Tower Corporation and the New Hanover County School System, is requesting to locate a 90-foot
telecommunication tower at 225 Mabee Way on the Murrayville Elementary School property in an R-15 Residential
District and presented a slide overview of the request.
Planning and Inspections Director Chris OKeefe read the findings of facts into the record. At its October
1, 2009 meeting, the Planning Board voted 6-0 to recommend approval. No one from the public spoke on this item.
Staff finds the findings are positive and recommends approval.
Chairman Davis asked if anyone from the public wished to speak in favor of the request.
Attorney Thomas Johnson presented an overview of the request stating that there is a need for
telecommunication coverage within buildings including residential areas. The proposed site is wooded and will be
cleared only to the extent necessary for construction of the tower and the related facilities. The set-back has been
increased to 350 feet from the closest residential dwelling which is almost four times more than is required by the
Ordinance. There is no scientific evidence that radio frequency emissions produce any health risks. There are
Federal and State regulations in place that preempt state and/or local governments from considering radio frequency
emissions of wireless facilities in their approval/denial process. It is not unusual to locate towers near schools or on
school property. Attorney Johnson requested the Board approve the request stating that the application, as
submitted, exceeds the Countys Ordinance and is in harmony with the area and is essential and supports urban
development.
Graham Herring, Graham Herring Real Estate Service Company, stated that in his professional opinion as a
commercial and residential real estate appraiser, the location of the tower as proposed will have no negative impact
on the surrounding property values.
Chairman Davis asked if anyone from the public wished to speak in opposition to the request.
Attorney Steve Coggins, on behalf Brooke and Brian Baker, voiced his concern on the effect of long-term
exposure to cell towers and possible health risks and his clients are in opposition to the request. The location of the
proposed tower will substantially damage the value of the adjoining properties. Attorney Coggins submitted for the
record the affidavits from Earl Worsley, North Carolina Certified Appraiser, and Dr. Karen Harum, Clinic for
Special Children.
Sammantha Coulter stated that she is a parent of a Murrayville Elementary School child and is concerned
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 2, 2009 PAGE 702
about the negative health risks from the proposed tower and is opposed to the request. Highlighting new research
that is being conducted on the issue, she requested the Board continue the request pending further review of the
health risks.
In response to Board questions, Attorney Johnson stated that they agree with the Findings of Facts as
presented and that they wish to proceed with the request understanding that if it is denied they will not be allowed to
bring the request back to the Board unless there are substantial changes of new information.
In rebuttal comments, Attorney Johnson stated that they are concerned about the risk of exposure but all of
the studies are very clear that exposure from towers is extremely small and that the radio waves are transmitted out,
not down. The Board, by law, cannot make this issue a consideration in their deliberations. Only a minimal amount
of trees will be removed and the County Ordinance will be followed or exceeded. The affidavit by Mr. Worsley did
not include any sales comparable to substantiate his statement. Staff has confirmed that the appropriate notices were
published and the adjacent property owners were duly notified.
In response to Board questions, Director OKeefe reported that that standard notification did occur for the
Planning Board meeting and the Board of Commissioners meeting.
In rebuttal comments, Mr. Herring stated that it is his professional opinion that there is no adverse influence
on property values from cell towers in New Hanover County or the State overall. The homes around Daniels Middle
School in Raleigh and bordering the existing tower perimeter range in price from the low $200,000 to $1.8 million.
In rebuttal comments, Charlie Skipper, stated that he is opposed to the telecommunication tower request
voicing his concern on the location of the tower and possible long-term health affect.
In rebuttal comments, Angela Peterson stated that she a concerned parent of a Murrayville Elementary
School child and PTA President and is opposed to the location of the tower and that parents were not notified by the
School Board about the proposed request.
In rebuttal comments, Attorney Coggins stated that the proposed tower does not fit the requirements of the
area and will not be in harmony.
In response to Board questions, Attorney Copley confirmed that radio frequency emissions cannot be
considered by the Board in their deliberations of the request reading from North Carolina General Statute 153A-
349.52 and U.S.C.A. General Statute 332.
In response to Board questions, New Hanover County School Board Attorney Wayne Bullard reported that
the Board of Education entered into an agency agreement with the Petitioner to locate a tower on the Murrayville
Elementary School site and confirmed that the School Board does not have any objections or concerns about this
request.
There being no further comments, Chairman Davis closed the Public Hearing and requested direction from
the Board.
Motion:
Commissioner Greer MOVED to deny the special use permit request by Tom Johnson, on behalf of
American Tower Corporation and the New Hanover County School System, to locate at 90-foot telecommunication
tower at 225 Mabee Way on the Murrayville Elementary School property in an R-15 Residential Zoning District.
No SECOND was received, therefore the MOTION FAILED.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to grant the special use permit
request by Tom Johnson, on behalf of American Tower Corporation and the New Hanover County School System,
to locate a 90-foot telecommunication tower at 225 Mabee Way on the Murrayville Elementary School property in
an R-15 Residential Zoning District based on the evidence presented and the findings of facts concluding that: 1)
the use will not materially endanger the public health or safety if located 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 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 4 TO 1. Commissioner Greer voted in opposition.
A copy of the order granting the Special Use Permit and listing the findings of facts is hereby incorporated
as a part of the minutes and is contained in SUP Book IV, Page 28.1.
PUBLIC HEARING AND APPROVAL OF SPECIAL USE REQUEST BY TOM JOHNSON, ON BEHALF
OF AMERICAN TOWER CORPORATION AND MARVIN CONGLETON, TO LOCATE AT 140-FOOT
TELECOMMUNICATION TOWER AT 1300 BIG CYPRESS DRIVE IN AN R-15 RESIDENTIAL
DISTRICT (S-596, 10/09)
Chairman Davis opened the Public Hearing and announced that the special use process requires 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.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 2, 2009 PAGE 703
The following persons were sworn in:
Jane Daughtridge
Chris OKeefe
Thomas Johnson
Nehad Stanisavljevic
Jason Groseclose
Doug Haggett
Wilson Ki
Planning and Zoning Manager Jane Daughtridge reported Tom Johnson, on behalf of American Tower
Corporation and Marvin Congleton, is requesting to locate a 140-foot telecommunication tower at 1300 Big Cypress
Drive in an R-15 Residential District and presented a slide overview of the request.
Planning and Inspections Director OKeefe read the findings of facts into the record and continued
reporting that staff finds the findings positive. At its October 1, 2009 meeting, the Planning Board voted 6-0 to
recommend approval. One person spoke in opposition to the item stating that his property is better suited for a
tower location and that he has a contract in place with a telecommunications company to locate a tower on his
property. Two letters of opposition were received expressing concerns for future residential subdivision
development in proximity to this location and concerns for harmony with the area.
Chairman Davis asked if anyone from the public wished to speak in favor of the request.
Attorney Thomas Johnson, on behalf of American Tower Corporation and Marvin Congleton, stated that he
agrees with the Findings of Facts as presented by staff and presented an overview of the request. Co-location
availability on this tower increases the potential for more than three providers and would reduce the number of
towers needed in the area. He reported that he spoke with James B. Gillespie, Jr. who submitted a letter of objection
to the proposal. Mr. Gillespie indicated to Mr. Johnson that he was satisfied that his concerns and questions were
addressed.
Chairman Davis asked if anyone from the public wished to speak in opposition to the request.
Doug Haggett spoke in opposition to the request stating that his property is located directly south of the
tower location and believes the tower will devalue his property. He stated that he would like the tower to be set
further back on Mr. Congletons property.
Wilson Ki spoke in opposition to the request stating that he has approximately 20 acres of property and
believes it is a better site for the tower location. Property values of current and future homeowners will be
negatively impacted by the proposed location of the tower.
In rebuttal and in response to Board questions, Attorney Johnson stated that Mr. Ki wants the tower located
on his property. In proposed location setback requirements have been exceeded and placement is in an isolated
undeveloped area. The entire area was reviewed in detail in order to determine best placement. The tower does not
require lights due to height and a no hazard FAA letter has been received. In response to Mr. Haggetts comments,
he stated that under current State law, diminution in value has to be proven by specific empirical evidence rather
than by layman opinion.
In rebuttal comments, Mr. Ki stated that if his property were used for the tower location, the elevation
would be lower and there would be no development due to conservation status. He further stated that no one
approached him about placing the tower on his land.
In response to additional Board questions, Director OKeefe stated that towers cannot be placed in wetland
areas but he would need to have specific information about the conservation area on Mr. Kis property.
There being no further comments, Chairman Davis closed the Public Hearing and requested direction from
the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to grant the special use permit
request by Tom Johnson, on behalf of American Tower Corporation and Marvin Congleton, to locate a 140-foot
telecommunication tower at 1300 Big Cypress Drive in an R-15 Residential District based on the evidence presented
and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if
located 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 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 order granting the Special Use Permit and listing the findings of facts is hereby incorporated
as a part of the minutes and is contained in SUP Book IV, Page 28.2.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 2, 2009 PAGE 704
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow the public to present an item that was not
listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes.
No items were presented.
BREAK
Chairman Davis called for a break from 8:13 p.m. until 8:28 p.m.
PUBLIC HEARING AND APPROVAL OF REQUEST TO AMEND ARTICLE V, SECTION 53.6 OF THE
ZONING ORDINANCE TO ADD THE EXCEPTIONAL DESIGN ZONING DISTRICT (A-380, 8/09)
Chairman Davis opened the Public Hearing and requested staff to make the presentation.
Planning and Inspections Director Chris OKeefe presented the request to amend Article V, Section 53.6 of
the Zoning Ordinance to add the Exceptional Design Zoning District.
Reasons for Exceptional Design Zoning District:
·
2006 CAMA Land Use Plan calls for the creation of Exceptional Design standards.
·
The zoning ordinance does not provide realistic districts for Mixed Use Development. The proposed
district will encourage mixed use and allow for higher density residential development.
·
Staff has created and the Commissioners have recently authorized the use of a Low Impact
Development manual. The proposed district requires the use of these techniques.
·
The district will encourage the provision of affordable, workforce housing.
·
Development of Leadership in Energy and Environmental Design and National Green Building
standards for neighborhood design.
Exceptional Design Zoning District highlights:
·
Requires a pre-application meeting with staff.
·
Requires two neighborhood information meetings inviting persons within 500 feet of the project. At
least one of the meetings must occur after 6 p.m.
·
Requires a Traffic Impact Analysis. The scope of the study will be determined at a meeting with
NCDOT, the Metropolitan Planning Organization, Planning Staff and the Petitioner.
·
Must include all applicable standards elsewhere in the ordinance.
·
Base density is six units per acre. Additional density may be added if more exceptional standards are
included. Maximum possible density with bonus is twenty units per acre.
·
Building height within 200 feet of the district boundary is 40 feet. No limit on the interior beyond 200
feet of the property boundary.
·
Similar to Planned Development master plan is approved by Planning Board and Commissioners.
Final Plans are approved by the Technical Review Committee and Planning Director.
·
The District may be applied to all areas of the unincorporated County.
In response to Board questions, Director OKeefe confirmed that if the Board adopts the Exceptional
Design Zoning District each individual project will have to come before the Board for consideration and be
approved for rezoning. The Board will be required to specify on the record why the request is being denied or
approved. Just because the project meets the core requirements and the minimum number of points does not
guarantee Board approval.
In response to Board questions, Director OKeefe clarified that the Petitioner will need to follow the
following procedure:
·
Identify a project and own the parcel of land.
·
Submit a pre-application with staff.
·
Submit a formal application that includes a master plan and showing that they meet the criteria that
they are asking for.
·
Hold two neighborhood meetings.
·
Present before the Planning Board with public hearing.
·
Present before the County Commissioners with public hearing.
In response to Board questions, Attorney Copley reported that even if the Petitioner has met all the required
criteria the Board still has the authority to deny the request. Although the Board will need to specify their reasons
for approval or denial the requirement is less stringent than it is for a Special Use or Conditional Use Permit.
Commissioners Barfield and Caster stated that this zoning option is beneficial to the County and whether it
fits will be determined project by project with the process that is in place.
Chairman Davis asked if anyone from the public wished to speak in favor of the request.
Tyler Newman, Business Alliance for a Sound Economy, spoke in support of the proposed text amendment
stating that there is a thorough process in place with checks and balances.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 2, 2009 PAGE 705
Burrows Smith spoke in support of the proposed text amendment stating that he feels it is a positive option
for the County.
Diana Woolley spoke in support of the proposed text amendment requesting that the Board include in the
requirement that the Traffic Impact Analysis be completed and signed by a licensed Traffic Engineer.
Mike Brown, Cape Fear Commercial, spoke in support of the proposed text amendment stating that green
sensitive development needs to be encouraged and this zoning district supports that as the district will encourage
infill and environmentally sensitive positive development.
Chairman Davis asked if anyone from the public wished to speak in opposition to the request.
Beau McCaffray spoke in opposition to the Exceptional Design Zoning District stating that the public has
not been duly notified of the proposed district and requested the Board grant a continuance for community input.
Bob Parr spoke in opposition to the Exception Design Zoning District requesting the Board exempt the
Middle Sound area from the option of the Exceptional Design Zoning District due to the potential traffic impact
from the increase in density. Baseline density is by right projects can increase density by 300%. Staff has presented
no data that this district will be sustainable in the Middle Sound area.
Kert Layton spoke in opposition to the Exceptional Design Zoning District stating that he lives in the
Middle Sound area. He lives near a project that is requesting a conditional use permit and has been continued three
times and is waiting to use the Exceptional Design Zoning District and is not sure that the proposed text amendment
is needed when the conditional use permit process is available.
Paul Pascarosa spoke in opposition to the Exceptional Design Zoning District voicing his concern on the
impact to the environment when allowing higher density development.
There being no further comments, Chairman Davis closed the Public Hearing.
In response to Board questions, Director OKeefe clarified the difference between urban sprawl and the
proposed Exceptional Design Zoning District. The proposed district is the opposite of urban sprawl. The proposed
text amendment allows density to be grouped together and still allows green space and commercial and business
areas. Staff is not recommending that this be applied to the Middle Sound area or anywhere else in the district, but
give developers the option to bring it before the Board of Commissioners. The goal of the proposed text amendment
is to offer incentives to developers who choose to use green standards.
In response to Board questions, Director OKeefe clarified that the developer will bring forward a plan with
proposed building height and the Planning Board and Board of Commissioners will need to consider building height
in their deliberations.
After a brief question and answer period, Chairman Davis requested direction from the Board.
Motion:
Chairman Davis MOVED to continue the request to amend Article V, Section 53.6 of the Zoning
Ordinance to add the Exceptional Design Zoning District to allow additional time for review and for community
meetings and input. No SECOND was received, therefore the MOTION FAILED.
Chairman Davis requested a motion to find that the text amendment to the ordinance is consistent with the
Land Use Plan and is reasonable and in the public interest and should be adopted.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to approve the request to amend
Article V, Section 53.6 of the Zoning Ordinance to add the Exceptional Design Zoning District.
Commissioner Greer stated that he would prefer the suggested criteria be incorporated into existing zoning
districts rather than adding a new zoning district.
In response to Board questions, Director OKeefe confirmed that thirty days will be enough time to
continue the request to allow staff to hold meetings with the public but felt that no new response will be received.
Commissioner Greer responded that continuing the request for thirty days will not affect his vote.
Substitute Motion:
Chairman Davis MOVED, SECONDED by Vice-Chairman Thompson, to continue the request
to amend Article V, Section 53.6 of the Zoning Ordinance to add the Exceptional Design Zoning District until the
first Board meeting in December to allow staff to hold meetings with the public. Upon vote, the MOTION FAILED
4 TO 1. Vice-Chairman Thompson, Commissioners Barfield, Caster and Greer voted in opposition.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to approve the request to amend
Article V, Section 53.6 of the Zoning Ordinance to add the Exceptional Design Zoning District finding that the
request is: 1) consistent with the purposes and intent of the policies adopted in the 2006 Land Use Plan; and 2)
reasonable and in the public interest to create a new zoning district in which density bonuses are provided for
exceptionally designed projects that are appropriately located and where the impacts of increased density are
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 2, 2009 PAGE 706
internalized with the condition that a licensed traffic engineer sign off on the required traffic impact analysis. Upon
vote, the MOTION CARRIED 3 TO 2. Chairman Davis and Commissioner Greer voted in opposition.
A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and
is contained in Exhibit Book XXXII, Page 21.7.
ADDITIONAL ITEMS
Commissioner Caster reported that New Hanover County is one of only sixteen counties in the State that
will be receiving additional Social Services Block Grant funding due to staffs diligence in conducting monthly
Foster Care visits and meticulous record keeping.
Commissioner Barfield commended Southeastern Center for receiving the highest level of accreditation.
ADJOURNMENT
There being no further business, Chairman Davis requested a motion to adjourn the meeting.
Motion:
Commissioner Greer MOVED, SECONDED by Commissioner Barfield, to adjourn the meeting. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 10:17 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board
Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners
meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.