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2005-10-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 418 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 3, 2005, 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 William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; Interim County Manager Dave Weaver; County Attorney Wanda M. Copley and Clerk to the Board Sheila 1. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Ron McGee, the Rock of Wilmington Church, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer reported that Consent Agenda Item #7, Consideration of Adoption of a Convenience Fee Resolution, has been withdrawn by Staff pending further discussion and asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Hearing none, Chairman Greer called for a motion for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Emergency Meeting, September 12, 2005 Closed Session Meeting, September 19, 2005 Regular Meeting, September 19, 2005 Appointment of Commissioner William A. Kopp, Jr. to the Bellamy Mansion Museum Board of Directors The Commissioners approved the appointment of Commissioner William A. Kopp, Jr. to the Bellamy Mansion Museum Board of Directors. The County's previous representative has left County employment and Penny Newhouse, Chairman of the Bellamy Mansion Board of Directors, has requested the Commissioners make another appointment. Commissioner Kopp has volunteered to serve on the Board. Appointment of Billy Green to the Juvenile Crime Prevention Council The Commissioners approved the appointment of Billy Green to the Juvenile Crime Prevention Council. The NCGA l43B-544 specifies that two persons under the age of eighteen should serve on the Juvenile Crime Prevention Council. A student, Andrew Jones, was appointed at the Board's September 19, 2005 meeting but Mr. Green's application came in after the deadline and could not be added to the last agenda. Adoption of Resolutions to Add Edward Hyde Place in North Chase Subdivision and Terra Lane in Silva Terra and Silver Lake Subdivisions to the State Highway System The Commissioners adopted the resolutions to add Edward Hyde Place in North Chase subdivision (Div. File No. lO72-N) and Terra Lane in Silva Terra and Silver Lake subdivisions (Div. File No. 1067-N) to the State Highway System. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIX, Page 29.1. Adoption of Resolution Approving the Revision of the Federal Point Fire Rescue Insurance District The Commissioners adopted the resolution approving the revision of the Federal Point Fire Rescue Insurance District. During a recent inspection to lower insurance rates for the Federal Point Fire District, a recommendation was made by the North Carolina Department of Insurance to realign insurance district boundaries to exclude state and federal properties and to reflect the maximum five mile allowances as indicated in North Carolina G.S. l53A-233 for Fire Insurance Districts. The station was realigned north of Snow's Cut off River Road in 2003, the exclusion of state and federal properties will allow for improvements in the overall rating. The changes in the insurance district will exclude all unincorporated areas south of Snow's Cut. County Staff, Federal Point Fire Department and the Board of Fire Commissioners recommend this change. A copy ofthe resolution is hereby incorporated as a part ofthe minutes and is contained in Exhibit Book XXIX, Page 29.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 419 Adoption of Resolution Awarding Bid #06-0006 and Contract #06-0006 to Lifeline Shelter Systems, Inc. for the Purchase of a Fully Equipped Dental Semi-Trailer - Health Department The Commissioners adopted the resolution awarding Bid #06-0006 and Contract #06-0006 to Lifeline Shelter Systems, Inc. in the amount of $422,725. The Health Department has secured funding through the Kate B. Reynolds Grant and a Cape Fear Memorial Foundation Grant to purchase a fully equipped dental semi-trailer to provide dental services to children. The Health Department has developed a coordinated plan that involves the New Hanover County School System as well as the Brunswick County School System and the Brunswick County Health Department. Brunswick County is providing the cab unit that will pull the semi-trailer. The unit will have three workstations and will provide dental care to children throughout New Hanover County and Brunswick County. A copy ofthe resolution is hereby incorporated as a part ofthe minutes and is contained in Exhibit Book XXIX, Page 29.3. Approval of Budget Amendment #06-0030 - Sheriff's Office The Commissioners approved the following budget amendment: Budget Amendment #06-0030 - Sheriff's Office Adiustment Debit Credit Sheriff Administration: Insurance Proceeds Uniform Patrol: Capital Outlay - Motor Vehicle $12,817 $12,817 Explanation: To budget insurance proceeds received for totaled vehicle. Approval of Budget Amendment #06-0042 - Library-Partnership for Children The Commissioners approved the following budget amendment: Budget Amendment #06-0042 - Library-Partnership for Children Adiustment Debit Credit Partnership for Children Grant: Temporary Salaries FICA Retirement Disability Insurance Contract Services Postage Printing Supplies Books and Periodicals Employee Reimbursements $85,000 $65,418 $ 5,005 $ 867 $ 50 $ 2,400 $ 200 $ 584 $ 1,610 $ 7,100 $ 3,600 Explanation: To increase budget to actual amount of grant award; approval to apply was granted at the February 21, 2005 meeting. The actual award in the amount of $110,000 was less than the $157,794 that was applied for. REGULAR ITEMS OF BUSINESS CONSIDERA TION OF PROCLAMATION SUPPORTING THE CITIZEN-SOLDIER SUPPORT PROGRAM IN NEW HANOVER COUNTY Chairman Greer reported that Crystal Flanders-Moore has requested that the Board adopt a proclamation to support the Citizen-Soldier Support Program in New Hanover County. The Citizen-Soldier Support Program is funded by the Department of Defense, and was implemented after September 11 as a demonstration project. North Carolina is the only state designated for this national demonstration project at this time. The program is designed to create a local, community-centered climate of support for all military personnel and their families. Chairman Greer read the resolution into the record and requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation supporting the Citizen-Soldier Support Program in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Chairman Greer presented the proclamation to Ms. Moore. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 29.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 420 CONSIDERATION OF RESOLUTION SUPPORTING THE WILMINGTON TO WALLACE RAIL TRAIL Rick Catlin reported that the majority of the Wilmington to Wallace rail line has been abandoned and the ownership has been turned over from CSX to NCDOT providing an opportunity to construct a rail trail along this route. Members of the Cape Fear Cyclists, the Castle Hayne Community and the Bicycle Advisory Committee have met and discussed possible usage as a multi-use trail. The NCDOT has plans for future rail use along the corridor but future rail use does not eliminate the possibility of also using the corridor for a multi-use trail. There are numerous examples across the country of trails that share rail corridors and they are very popular. Communities typically see considerable economic benefits where rail trails are present. Of the right-of-way that is in New Hanover County, only the Castle Hayne portion is in NCDOT ownership. The Castle Hayne Community Steering Committee would like to utilize a portion of this right-of-way for a multi-use trail that would benefit New Hanover County Citizens. Chairman Greer read the resolution into the record and requested a motion for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution supporting the development of the Wilmington to Wallace Rail Trail. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy ofthe resolution is hereby incorporated as a part ofthe minutes and is contained in Exhibit Book XXIX, Page 29.5. CONSIDERATION OF PROCLAMATION TO DECLARE OCTOBER 9-15, 2005 AS FIRE PREVENTION WEEK IN NEW HANOVER COUNTY Chairman Greer reported that the Board has been requested to adopt a proclamation declaring October 9-15, 2005 as Fire Prevention Week in New Hanover County. Commissioner Pritchett read the proclamation into the record. Chairman Greer requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring October 9-15, 2005 as Fire Prevention Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 29.6. CONSIDERA TION OF RESOLUTION SUPPORTING THE PROPOSED CAPE FEAR SKYWAY BRIDGE Chairman Greer reported that this item has been withdrawn from the agenda. PUBLIC HEARING TO CONSIDER A REQUEST BY SENCA PROPERTIES, LLC TO REZONE APPROXIMATELY 26.65 ACRES OF PROPERTY LOCATED IN THE 9000 BLOCK OF MARKET STREET FROM R-15 RESIDENTIAL TO CD (0&1) AND REZONE APPROXIMA TEL Y 20.40 ACRES OF PROPERTY FROM R-15 TO CD (B-1) (Z-807,8/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Paul Clark Mark Ragozzino Mike Nadeau Chris Boney Shyam Garg Hormoze Goudarzi Jim Price Donald Hollis Cobern Peterson Russell Herring Sam Rankin David Pyle Chairman Greer announced that prior to the Board's vote, the petitioners may ask for the rezoning request to be withdrawn. Ifthe Board votes to deny the request the petitioner must wait twelve months before another petition can be filed. He requested Planning Director Dexter Hayes to make the staff presentation. Planning Director Hayes reported that SENCA Properties, LLC is requesting to rezone approximately 26.65 acres of property located in the 9000 block of Market Street from R-15 Residential to CD (0&1) Office and Institution and rezone approximately 20.40 acres of property from R-15 Residential to CD (B-1) Neighborhood Business. The request involved a portion of property that contains three distinct land use proposals that total approximately 47.05 acres. These uses include a village medical center that consists of 4.39 acres, proposed CD (0&1); a hospital facility, which consists of 22.26 acres, proposed CD (0&1); and a commercial village consisting of 20.40 acres, CD (B-1). NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 421 The property is located in the Futch Creek watershed and is classified as Resource Protection on the County's Land Use Plan. The existing County storm water management regulations combined with the state water quality requirements for commercial development should help mitigate some water quality impacts. Other policies in the Comprehensive Plan support mixed use development in undeveloped areas in order to maximize benefits from available infrastructure, preserve valuable natural resources including open space and reduce dependency on the automobile. Given the constraints of the project and the unique features ofthe site, the applicant has developed a viable plan that provides interconnectivity through public roads, limited access to Market Street and some protection for the existing wetland areas. The applicant is also proposing additional storm water quality best management practices to mitigate some of the negative impacts of run-off from impervious surfaces. The proposed project and the anticipated future development on the balance of the property, generally meet the objectives of mixed-use development as stated in the Comprehensive Plan. Access to the project will be from two driveway connections off Market Street. A secondary access leading to Creekwood Road near Market Street is also proposed. Based upon a traffic consultant's analysis 6,828 net new daily trips are expected to be generated entering and exiting the site. In reviewing the most recent plans and objectives of the project and recognizing some of the natural characteristics of the site including the rolling topography, wetlands and conservation resources, the proposed zoning does not transition as well as anticipated. Additionally, the proposed project is still significantly large with a 20-acre Neighborhood Business District. At the Planning Board's regular meeting on August 4,2005, by a vote of7-0, they decided that the request be continued until September 1,2005. At that same meeting, the Planning Board decided to hold a work session with the applicant and his agents on August 24, 2005 to discuss nearby residential issues such as traffic impacts, impervious surface coverage, drainage, and size of the retail portion of the proposed proj ect. All seven Planning Board members attended the Planning Board work session along with representatives from SENCA Properties, LLC. At the work session SENCA representatives presented adjustments to the plan as follows: . The square footage in the CD (B-1) proposal will be reduced from 232,000 square feet to 202,000 square feet through the elimination of several buildings. . Retail uses would not exceed 75,000-85,000 sq ft with a maximum floor plan of 25,000 sq ft. . The area labeled as a storm water pond will be included in the CD (0&1) proposal. . Building 10 is 2-story, not 3-story as shown on the plan. . Traffic movement into the project from Wilmington will be right-in and right-out only. . "Michigan style" left turn lanes will be created for traffic heading south toward Wilmington into the project. At the Planning Board's regular meeting on September 1,2005 by a vote of 4-2, the Planning Board voted to recommend approval with site plan modifications and the following conditions: 1. A complete tree survey of all regulated and significant trees be provided and tree removal permits obtained prior to any land disturbance on site. 2. All required buffer areas should remain undisturbed with grading limits stopped outside ofthe buffer. 3. Staff shall meet with the applicant or project manager to field verify the conservation resource swamp forest and appropriate 50 foot setbacks. 4. Design of intersections shall be consistent with NCDOT' s access management plans for this section of Market Street including any improvements needed on Market Street. 5. A secondary access connection to Scotts Hill Road must be completed prior to 50% occupancy ofthe proj ect. 6. Main entry street must be a public right of way to provide access to County property and future residential development. 7. No single story structures are permitted. 8. Appropriate screening of dumpsters, electrical boxes, and other services to enhance building aesthetics are to be incorporated into the site plan design. 9. The tree preserve space (90') to be reinstated on the current site design per the 06/1 0/05 plan. 10. The petitioners should request Dr. Mike Mallin, UNC- W, to determine whether additional storm water monitoring is needed on site. 11. The "Scott's Hill Village" component of the plan be limited to 202,000 square feet with a maximum retail use of 80,000 sq. ft. and no building floor plan exceeding 25,000 sq. ft. 12. All uses are to be consistent with the approved plan and list of approved uses. Staff recommends approval of the applicant's request with a reduction in the commercial part of the project. Additional conditions should be addressed as part of the conditional use approval. According to the 2005 State Medical Facilities Plan, New Hanover County and Pender County will have a surplus of63 and 27 acute care beds in 2009. The only justification for a new hospital facility at this time would be the relocation of existing services outside of Wilmington. Commissioner Davis asked Planning Director Hayes ifthe proposed project was consistent with the Land Use Plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 422 Planning Director Hayes stated that Staff felt that a more logical sequence would be an expansion of the commercial node at Scotts Hill and transition to an office institutional medical park. Hospitals are not directly addressed in the Land Use Plan. Staff recommends limiting the commercial part of the project due to traffic impact. Staffhad concerns that a Certificate of Need was not in place. Chairman Greer asked if the applicant would like to speak on behalf of the request. Mike Nadeau, with Creative Properties, stated that he is representing SENCA Properties LLC. Mr. Nadeau quoted from a letter written by Jack Barto, President and Chief Executive Office ofthe New Hanover Regional Medical Center stating that, "the property SENCA owns is one that would clearly interest us once the zoning issues are resolved." In the past six months the vision of a group of 1 05 local physicians has received input from many sources and significantly modified the proposed plan and presented the storm water management plan to a group of local environmental advocates. The amended proposal contains: . A comprehensive plan to contain all storm water run off from the site into the infiltration system and into the water table. There will be no storm water from this development going into Futch Creek. . A traffic analysis has been conducted determining that the road plan will be adequate. . Design restrictions on the B-1 zone to guarantee an office orientation and to disallow big box retail use. No single footprint can be more than 25,000 sq ft. Within the B-1 zone the total retail space will not exceed 80,000 sq ft. . A high percentage of open space and tree retention is built into the plan. The wooded wetlands will remain intact; 20 acres of green space will remain; with the total wetland disturbance estimated to be less than 1/10 of one acre of the total 180 acres of property. Approximately 99% of the existing wetlands will remain undisturbed. In closing, Mr. Nadeau stated that the plan has been carefully designed to balance the demands of a major medical facility with the objectives of sensitive design and tree and wetland preservation. Chris Boney, with Boney Architect, stated the proposed facility would enhance the quality of life and property values and harmonize with the surrounding area. The design was done carefully according to the direction of the Planning Board to meet or exceed their recommendations with substantial concessions on the part of the owners. David Hollis, Hanover Design Services, described the three-way infiltration system that is planned for the proposed property. Paul Clark, representing SENCA Properties LLC, explained the process that was used in determining the infiltration system that should be used. He entered into the record a letter by Michael A. Mallin, Research Professor for the Center for Marine Science, UNC- W, stating that it is his opinion that Futch Creek will not be adversely affected if the proposed project is constructed as was shown to him. Dr. Cobern Peterson, President of Medical Staff ofthe New Hanover Health Network, stated that he feels there is a need for these facilities to serve the residents of northern New Hanover County and Pender County and requested the Board approve the rezoning request. He recognized the health care professionals who were present in the audience in support of the rezoning request. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Sam Rankin, resident of Scott Hill, stated that he was speaking on behalf of Beth Steelman who owns 140 acres in Scotts Hill and requested the Board not approve the proposed project due to traffic and environmental concerns and the over-development of this area. David Pyle, with the Cape Fear River Watch, entered into the record a letter from the Cape Fear River Watch recommending the Board deny the rezoning request due to potential deterioration of Futch Creek. Also recommended was that New Hanover County Commissioners work with Pender County Commissioners to organize a bi-county watershed organization to oversee the F oy and Futch Creek watershed and that the applicants should monitor the conditions of Futch Creek during construction. Chairman Greer asked the applicant if he would like to offer rebuttal comments. Dr. Hormoze Goudarzi, President ofthe Board for SENCA Properties LLC, stated that the proposed project is a dream of doctors who are looking to the meet the future needs of the area. Much work has been put into the design of the project to meet the recommendations and conditions of the Planning Board. Mr. Boney clarified that 6800 trips per day were total trips and that the issuance of the Certificate of Need by the State could be affected by the rezoning results. Dr. Peterson stated that the need has been underestimated by the State and that there have been Certificates of Need issued for operating rooms. The proposed facility is looking to meet the future needs of the area. Dr. Shyam Garg, Hampstead Medical Center, spoke on the need for the proposed facility in this area. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 423 Chairman Greer asked if anyone present in opposition would like to offer rebuttal comments. Hearing none, Chairman Greer closed the Public Hearing and requested direction from the Board on the proposed rezoning request. The Board entered into discussion stating concerns regarding the lack of a State issued Certificate of Need, the possibility that a for-profit hospital could be built on the property, the absence of support from New Hanover Regional Medical Center, the increased scope ofthe project to include a hospital since the initial request, environmental impact to Futch and Foy Creeks and traffic impact concerns prior to the completion ofI-140. Dr. Goudarzi stated that he would be agreeable to a clause prohibiting the hospital property being sold to a for- profit hospital. Chairman Greer confirmed with Mr. Nadeau that the applicants agreed with the twelve conditions recommended by the Planning Board. Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. B. The subject property will have public water and sewer. C. The site has access to Market Street (US 17) from two proposed collector roads. Market Street is classified as an Arterial Road based on the County's Adopted Thoroughfare Plan. D. The property is located within the Ogden VFD. E. The proposed project contains approximately 45.12 acres. F. A traffic analysis has been provided 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The project is proposed to contain a variety of uses, which will include a hospital (200,000 square feet), medical and professional offices (47,000 square feet), and retail complex (202,000 square feet). B. A site plan has been presented which can meet all of the conditions of the Zoning Ordinance. C. Minimum setbacks and buffers from residential property are displayed on the plan. D. Storm water from the site will be controlled through an infiltration system and detention ponds. E. Low-level lighting is proposed to reduce light pollution to adjoining property. F. An area of swamp forest is located near the southwestern portion of the site. 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 proposed zoning for the property is Conditional Use 0&1 and B-1. B. No other medical facilities of this type are located nearby. C. The subject property is part of a larger tract. The surrounding property is zoned R-15 Residential. D. No evidence has been presented that the proposed use will injure property values. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Land Use Plan classifies the site as Resource Protection. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. Chairman Greer asked Mr. Nadeau if he agreed with the findings of facts that were presented and that he wanted to proceed with the rezoning request knowing that, if denied, a time period of one year is required before the request could be brought back to the Board. Mr. Nadeau responded that he agreed with the findings of facts that were presented and that he did wish to proceed with the rezoning request knowing that if denied, a time period of one year is required before the request could be brought back to the Board. Chairman Greer asked for direction from the Board. Motion: Vice-Chairman Caster MOVED to rezone approximately 26.65 acres of property located in the 9000 block of Market Street from R-15 Residential to 0&1 and rezone approximately 20.40 acres of property from R-15 to B-1 and with the effective date of the rezoning to be the NCDOT opening date of the 1-140 by-pass and access road. Receiving no SECOND, THE MOTION DIED. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to rezone approximately 4.39 acres of property located in the 9000 block of Market Street from R-15 to 0&1. Upon vote, the MOTION FAILED TWO TO THREE. Chairman Greer, Vice-Chairman Caster and Commissioner Davis voted in opposition. BREAK: Chairman Greer called for a break at 7 :50 p.m. until 8: 10 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 424 Chairman Greer announced that for clarification the Board needs to approve or deny the SENCA Properties LLC rezoning request. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to deny the request to rezone approximately 26.65 acres of property located in the 9000 block of Market Street from R-15 Residential to CD (0&1) and rezone approximately 20.40 acres of property from R-15 to CD (B-1). Upon vote, the MOTION CARRIED UNANIMOUSL Y. Commissioner Davis clarified with County Attorney Copley that prior to the Board's vote, the petitioners had the opportunity to withdraw their request. County Attorney Copley responded that this was correct and that the petitioners had been made aware that if the request was denied they would not be able to bring it back to the Board for the time period of one year. PUBLIC HEARING TO CONSIDER A REQUEST BY HOWARD CAPPS ON BEHALF OF JAMES WICKER TO REZONE APPROXIMATELY 4.46 ACRES OF PROPERTY LOCATED AT 4601 GORDON ROAD FROM R-15 RESIDENTIAL TO CD (B-1). (Z-802,7/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Howard Capps James A. Wicker Willie B. Evans Chairman Greer announced that prior to the Board's vote, the petitioners may ask for the rezoning request to be withdrawn. Ifthe Board votes to deny the request the petitioner must wait twelve months before another petition can be filed. He requested Planning Director Dexter Hayes to make the staff presentation. Planning Director Hayes reported that Howard Capps, on behalf of James Wicker, is requesting to rezone approximately 4.46 acres of property located at 4601 Gordon Road from R-15 Residential to CD (B-1). The proposal includes a 3,500 square foot convenience center, a small car wash, three gas pump islands and a 2,400 square foot dry boat facility. A retention pond located to the rear of the site will control storm water. Access to the site from Gordon Road will be through an improved 60-foot access easement. Appropriate setbacks and buffer yards appear to meet the requirements of the Zoning Ordinance and the Special Highway Overlay District. The back portion of the tract is located within the 100-year flood boundary. This flood zone will impact no proposed structures. At their regular meeting on September 1,2005, the Planning Board recommended by a vote of 5-1 to approve the petitioners request with the revised entrance plan. One Board member expressed concerns about the turning movements from Gordon Road into the project. No one was present at the meeting that spoke in opposition. Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. Public water and sewer is located near the subject property. B. The subject property has direct access from Gordon Road (public). C. The property is located within the Ogden VFD. D. The property contains approximately 4.46 acres. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The project is proposed to have a 3,500 square foot convenience center with three-covered gas pumps, car wash and 2,400 square foot boathouse. B. A 60-foot access easement from Gordon Road will serve the facilities. C. Setbacks and buffer yards shall be met in accordance with zoning requirements. D. A NCDOT Driveway Permit will be required prior to construction. E. A tree inventory has been submitted with the site plan. 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. Adjoining land uses are residential which will be protected by required setbacks and buffer yards. B. The property adjacent and to the west is the northbound ramp to 1-40. C. Convenience centers, gas pumps, car washes and boathouses are located throughout the County. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The site is classified as Urban Transition on the County's Land Use Plan. The purpose of the Urban Class is to provide for future intensive urban lands that have been or will be provided with necessary NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 425 urban services. Planning Director Hayes stated that while a need may exist for a convenience center, gas service and boat facility near this location, staff has serious concerns with the existing amount of traffic that utilizes Gordon Road on a daily basis and traffic movement safety issues coming from the site based on the close proximity to the proposed curb cut leading into the property and the ingress and egress ramps leading to 1-40; for these reasons Staff recommends denial of the request but if approved recommends a traffic impact analysis should be required prior to construction and other driveway improvements may be required by NCDOT. Commissioner Davis asked Planning Director Hayes if the request was consistent with the Land Use Plan. Planning Director Hayes reported that Staff had concerns that the request was not consistent with the Land Use Plan and recommended that the zoning remain residential. Chairman Greer asked if the applicant would like to speak on behalf of the request. Howard Capps, on behalf of the property owner James Wicker, presented the proposed project and requested that the Board approve the rezoning request. Access will be right-in, right-out only. James A. Wicker, property owner, spoke on the need for the facility and that he felt this was a good location for the proposed project stating that he agreed with the findings of facts as presented. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Ms. Willie Evans, resident of the area, spoke in opposition to the request, stating her concerns on increased traffic and accidents. If approved, Ms. Evans requested that a privacy fence be installed next to her family's property. Mr. Capps confirmed that they are willing to install a privacy fence for the residential area and that they are willing to work with Ms. Evans concerning the placement of lighting. Chairman Greer confirmed with Mr. Capps that they would like to proceed with the rezoning request. Hearing 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 4.46 acres of property located at 4601 Gordon Road from R-15 Residential to CD (B-1). Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 58. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Conditional Use Permit for a 3,500 square foot convenience center, small car wash, three gas pump islands, and a 2,400 square foot dry boat facility based on the evidence presented and the findings offact concluding that: 1) the use will not materially endanger the public health or safety iflocated 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 with the following conditions: 1) access will be right-in and right-out as recommended by NCDOT; 2) privacy fencing will be installed for the residential area; and 3) placement of lighting to be non-obtrusive. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 38.1. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS & RAVENEL ON BEHALF OF JERRY ROBBINS TO REZONE APPROXIMATELY 50.49 ACRES OF PROPERTY LOCATED AT 1300 NORTH KERR AVENUE FROM R-15 RESIDENTIAL/CD (AI) TO R-I0 RESIDENTIAL (Z-808, 7/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make the staff presentation. Planning Director Hayes reported that Cindee Wolfe with Withers & Ravenel, on behalf of Jerry Robbins, is requesting to rezone approximately 50.49 acres of property located at 1300 North Kerr Avenue from R-15 Residential/CD (AI) to R-lO Residential. The subject property is located between three existing residential developments, to the north (Churchill Estates), to the south (Alandale), and to the east (Springview). R-lO and R-15 Residential Districts predominate the area with the front portion of the subject property zoned CD (AI) Airport Industrial. Access to the property is through North Kerr Avenue. Other access opportunities exist to the north through Churchill Estates and to the east through Springview subdivision. County sewer and City water is available nearby. The 1999 Land Use Plan identifies the subj ect property as Developed. The purpose of the Developed class is to provide for NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 426 continued intensive development and redevelopment of existing urban areas. The Planning Board at their regular meeting on September 1,2005, recommended approval of the petitioners' request by a vote of 6-0. One nearby resident expressed concern about setbacks once the property becomes developed. Staff agrees with the petitioner's request that the property is suitable for rezoning to R-lO. Chairman Greer asked if the applicant would like to speak on behalf of the request. Cindee Wolfe with Withers & Ravenel, on behalf of Jerry Robbins, stated that the proposed rezoning is appropriate for the area and requested questions from the Board. Hearing none, Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Le Keith Bufford, representing the concerned citizens of Alandale, stated concerns of storm water run-off, road access through their subdivision and concerns that their wells would be negatively affected. Ms. Wolf addressed Mr. Bufford's concerns stating that there are rules and regulations in place to protect their subdivision from storm water run-off and negative impact on their wells and that there were no road stubs in Alandale leading to the proposed project. Hearing 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 rezone approximately 50.49 acres of property located at 1300 North Kerr Avenue from R-15 Residential/CD (AI) TO R-lO Residential. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 9A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9A, Page 48. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY WITHERS & RAVENEL ON BEHALF OF NEWCOMER PRODUCTS, LLC TO LOCATE A BBQ SAUCE FACILITY IN AN A-I DISTRICT LOCATED AT 2957 NORTH KERR AVENUE (S-535, 09/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Cindee Wolf Planning Director Dexter Hayes reported that Cindee Wolf, with Withers & Ravenel on behalf of Newcomer Products, LLC is requesting a special use permit to locate a BBQ sauce facility in an AI Airport Industrial District located at 2957 N. Kerr Avenue. The Planning Board at their regular meeting on September 1, 2005, approved the petitioners' request by a vote of 6-0. No expansion or enlargement of the existing facility is proposed. No one was present who was opposed to the petition. Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted. A. Public water and sewer is located nearby. B. An existing structure, which is presently vacant, will be utilized. C. The property has direct access from N. Kerr Avenue (SR 1322). D. The property is located among other existing industrial uses. E. The Wrightsboro VFD will serve the site. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is presently zoned AI Airport Industrial. Special Use Permit permits Food & Beverage type facilities with smokeless stacks. B. An aerial photo of the site has been presented displaying the existing structure along with parking. C. Appropriate setbacks already exist on site. 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. Other industrial type facilities exist nearby. B. No changes are proposed for the existing facility, parking or other site features. 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 427 plan of development for New Hanover County. A. The 1999 Land Use Plan identifies this area as Urban Transition. The purpose of the Urban Transition Class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. Chairman Greer asked if the applicant would like to speak on behalf of the request. Cindee Wolf, with Withers & Ravenel on behalf of Newcomer Products, LLC is requesting to locate a BBQ sauce facility in an AI Airport Industrial District. She stated that Special Use Permit in an AI District permits smokeless stacks and that no changes are proposed for the existing facility confirming that she agreed with the findings of facts. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. No one was present to speak in opposition. Commissioner Pritchett clarified with Planning Director Hayes that airport staff and the Airport Authority did not object to the proposed project. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to Withers & Ravenel on behalf of Newcomer Products, LLC to locate a BBQ Sauce facility in an AI Airport Industrial District located at 2957 North Kerr Avenue based on the evidence presented and the findings of fact 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 UNANIMOUSL Y. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 38.2. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY DANIEL LUCAS ON BEHALF OF MASONBORO BOAT WORKS, LLC TO EXPAND THE MARINA PARKING LOT ADJACENT TO THE MASONBORO YACHT CLUB IN AN R-15 RESIDENTIAL DISTRICT LOCATED NEAR 609 TRAILS END ROAD (S-536, 09/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Daniel Lucas Planning Director Dexter Hayes reported that Daniel Lucas, on behalf of Masonboro Boat Works LLC, is requesting to expand the marina parking lot adjacent to the Masonboro Yacht Club in an R-15 Residential District located near 609 Trails End Road. At the Planning Board's regular meeting on September 1,2005, by a vote of5-0 they recommended approval of the petitioners' request with conditions. The conditions included no lighting or paving of the parking area, and protecting the significant live oaks on site. No one was present that spoke in opposition. Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is approximately 15,000 square feet in size and will contain a total of 29 additional parking spaces. B. The Myrtle Grove VFD will serve the property. C. Access to the parking area will be through Purviance Avenue D. Marina parking to the boatyard/yacht club has existed for many years. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The subject property is located in a R-15 Residential Zoning District. Additional parking is allowed in an existing facility in a R-15 District by Special Use Permit. B. Landscaping of the parking area will be provided as required by the New Hanover County Zoning Ordinance. C. A grassed parking area is proposed. D. Existing trees will remain. E. No conservation resources exist on site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 428 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 primary use of the parking expansion is to accommodate overflow traffic from Masonboro Yacht Club that occurs several times per year. B. The proposed parking expansion will reduce traffic on Purviance Avenue. C. The proposed parking expansion will benefit adjoining landowners by improving the site, as it presently exists. 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 area is classified as Resource Protection on the County's Land Use Plan. B. The site plan calls for a grassy parking type area that will help minimize impacts to nearby waterway areas. Staff recommends that extra care be taken in the protection of the live oaks on the property with minimal impacts on the root system of these significant trees. Chairman Greer asked if the applicant would like to speak on behalf of the request. Daniel Lucas, on behalf ofMasonboro Boat Works, spoke on the need for additional overflow parking adjacent to the Masonboro Yacht Club and the plan to increase the number of dry stack spaces. He stated that he agreed with the findings of facts as presented and the conditions specified by the Planning Board. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. No one was present to speak in opposition. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to Masonboro Boat Works, LLC to expand the marina parking lot adj acent to the Masonboro Yacht Club located near 609 Trails End Road based on the evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public health or safety iflocated 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 with the following conditions: 1) no lighting or paving of the parking area, and 2) protection of the significant live oaks on site. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 38.3. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY BLANCHARD, JENKINS ET AL ON BEHALF OF CINGULAR WIRELESS TO LOCATE A TELECOMMUNICATIONS FACILITY (172' MONOPOLE) IN ANR-15 RESIDENTIAL DISTRICT LOCATED AT 1540 MURRAY FARMS ROAD (S-537,09/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. Karen Prather, attorney with Blanchard, Jenkins, et al on behalf of Cingular Wireless, requested the item be withdrawn from the agenda and rescheduled to allow time to address the concerns of the residential neighborhood. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request for postponement by Blanchard, Jenkins, et al on behalf of Cingular Wireless, to locate a telecommunications facility in an R-15 Residential District at 1540 Murray Farms Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY ALLTEL COMMUNICATIONS TO LOCATE A TELECOMMUNICA TIONS FACILITY (150' MONOPOLE) IN A B-2 HIGHWAY BUSINESS DISTRICT LOCATED AT 7654 MARKET STREET (S-538, 09/05) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Bill Howard NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 429 Planning Director Dexter Hayes reported that Alltel Communications is requesting to locate a telecommunications facility (150' monopole) in a B- 2 Highway Business District located at 7654 Market Street. At their regular meeting on September 1,2005, the Planning Board recommended approval by a voted 5-0. No one was present that spoke in opposition. Planning Director Hayes presented the following findings of facts: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. No water and sewer service will be needed by this communications facility. B. The tower compound will have access from US Highway 17 (Market Street) via a 12' wide gravel driveway within a 20' access easement. C. The Ogden VFD will serve the site. D. The tower will be 150' in height. E. The tower will consist of a 1,600 square foot equipment compound. F. Adjoining land uses are primarily commercial. G. There are no residential structures within 150 feet of the base of the tower. H. An 8 foot shadow box fence with 3 strands of barbed wire will be constructed around the compound. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The tower site is zoned B-2 Highway Business. Telecommunication towers are permitted by Special Use Permit in the B-2 District. B. Additional vegetation (Carolina Hemlock & Rhododendron Mountain Rosebay shrubs) around the compound will be planted in accordance with the County's landscaping requirements. C. The tower will be constructed to accommodate co-location (total 3 carriers). D. The proposed tower will comply with all FAA regulations & FCC requirements. E. The applicant indicated the ability to co-locate and has presented an affidavit. 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. Similar type facilities exist in other commercial districts in New Hanover County. B. Expansion of wireless telecommunication services can enhance emergency communication during severe weather conditions. C. No evidence has been presented that this tower compound will decrease property values or exist as a health hazard to residents who live nearby. 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 Use Plan identifies this area as Resource Protection. B. No County regulated conservation or historic resources are located on site. Chairman Greer asked if the applicant would like to speak on behalf of the request. Bill Howard, representing Alltel Communications, stated that the proposed tower would allow Alltel Communications to provide better coverage to their customers and that the tower will be constructed to accommodate a total of three carriers. He stated that he agreed with the findings of facts that were presented. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. No one was present to speak in opposition. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to Alltel Communications to locate a telecommunications facility (150' monopole) in a B-2 Highway Business District located at 7654 Market Street 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 ofthe use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 38.4. BREAK: Chairman Greer called for a break at 9:50 p.m. until 10:05 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 3, 2005 BOOK 30 PAGE 430 MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 10:05 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 10:30 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 Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported that he attended the following meetings and events: Attended the dedication of the Good Shepherd Ministry over-night shelter and the TDA meeting. Items Presented by Commissioner Pritchett Commissioner Pritchett reported that she attended the following meetings and events: The "Future of Toll Roads" in North Carolina meeting, picture event for Hurricane Katrina evacuees who have relocated to New Hanover County, worked at the WAVE Retirement Showcase and attended the New Hanover County Cooperative Extension and the Arboretum Foundation 3rd Annual "Art in the Gardens" Tour. Commissioner Pritchett reported to the Board that she has received the New Hanover County Partnership for Children 2004-2005 Annual Report and presented it to the Clerk to the Board for reviewing. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 10:35 p.m. Respectfully submitted, Sheila 1. Schult Clerk to the Board