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2005-11-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 442 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 7, 2005, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jf.; 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 L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Chinn, Pastor of Northside Baptist Church, gave the invocation. Commissioner William A. Kopp, Jr., led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer announced that Consent Agenda Item #8 Approval of Award of Bid 06-0074 for E-911 Console System Furniture has been withdrawn and asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing none, Chairman Greer requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Regular Meeting - October 17, 2005 Approval to Fund Local North Carolina Biotechnology Center Office in Wilmington The Commissioners approved funding the local North Carolina Biotechnology Center office in Wilmington in the amount of $25,000/year for two years. Approval of Board Meeting Calendar for 2006 The Commissioners approved the Board meeting calendar for 2006. Approval of New Hanover County Board of Education FY2005-06 Budget Resolution and New Hanover County Schools Capital Outlay Carryover Budget Amendment - New Hanover County Schools The Commissioners approved New Hanover County Board of Education FY2005-2006 Budget Resolution and New Hanover County Schools Capital Outlay Amendment #1. Approval of Additional Funding for Drug Court Staff Salary The Commissioners approved the additional funding for Drug Court staff salary in the amount of $352 and the associated budget amendment #06-0068. On July 11, 2005 the Board approved a request to contribute support to the Drug Treatment Court Program in the amount of $20,000. The State has provided information showing the actual cost of funding the position is $20,352. Budget Amendment #06-0068 - Non-Departmental/Courts Adjustment Debit Credit Non-Departmental: Contingency Courts: Drug Court $352 $352 Explanation: To transfer funds from Contingency to budget additional funds needed for salary. With the approval of this budget amendment, the amount remaining in Contingency is $199,266. Approval of Changes in Bank of America Commercial Segment Deposit Account Signature Card for New Hanover County Detention Facility Inmate Escrow Account - Jail The Commissioners approved the changes in Bank of America Commercial Segment Deposit Account Signature Card for New Hanover County Detention Facility Inmate Escrow Account as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 443 Adding: Stephen Arch Jones Deborah A. Carter Rhonda L. Smith Deleting: Capt. Clarence A. Hayes Adoption of Resolution Awarding Contract for Emergency Operations Center Furniture The Commissioners adopted the resolution awarding bid # 06-0033 for Emergency Operations Center furniture to the lowest responsible bidder, MacThrift Office Furniture in the amount of $103,997.17, approved contract #06-0033 and authorized the Interim County Manager to execute the contract. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 31.1. Approval of Changes in the New Hanover County Health Department Fee Policy - Health Department The Commissioners approved changes in the New Hanover County Health Department Fee Policy in order to implement the use of state codes, lab codes, administrative penalty fee for delinquent patient accounts, adjusting proof of income grace period to ten business days and billing third party payors for administration of state provided Menactra vaccine. Approval to Contract with a Local Professional to Gain Certification for the Cape Fear Healthy Carolinians Program - Health Department The Commissioners approved the request to contract with a local professional to gain certification for the Cape Fear Healthy Carolinians in the amount of $5,000 and to approve any associated budget amendment if funding is awarded. Funds would be reimbursed by the State as the money is spent at the rate of $20/hour. This funding would include one coordinator paid via contract services for 250 hours from November 2005 through May 2006. Approval to Increase FY 04-05 HUD Grant Funds - Human Relations The Commissioners approved amending the FY 04-05 HUD Grant Funds in the amount of $6,000 for attendance at the National Fair Housing Training Academy and the associated budget amendment #06-0058. Budget Amendment #06-0058 - Human Relations - HUD Adiustment Debit Credit HUD Grant Travel and Training $6,000 $6,000 Explanation: To increase budget for HUD Grant amendment to fund attendance at the grand opening of the National Fair Housing Training Academy. Acceptance of Crisis Housing Assistance Funds from the North Carolina Department of Crime Control and Public Safety, North Carolina Redevelopment Center for Housing Rehabilitation, Replacement Housing and Aid to Local Government as part of the Hurricane Recovery Act of 2005 - Planning Department The Commissioners accepted the Crisis Housing Assistance Funds (CHAF) #065-0-04 from the North Carolina Department of Crime Control and Public Safety, North Carolina Redevelopment Center for Housing Rehabilitation, Replacement Housing and Aid to Local Government as part of the Hurricane Recovery Act of 2005 in the amount of $518,000, adopted an Optional Coverage Relocation Plan, authorized the Chairman to sign the Grant Agreement and certified David Weaver, Dexter Hayes and Wanda Coston to sign the requisition for the Crisis Housing Assistance Fund forms. Approval of Budget Amendments The Commissioners approved the following budget amendments. Budget Amendment # 06-0055 - Public Safety Adiustment Debit Credit Wireless 911 Fund: Other Funding Sources: Appropriated Fund Balance Wireless PS Communications: Transfer to General Fund Emergency Telephone Fund: Other Financing Sources: Appropriated Fund Balance Transfer to General Fund $15,000 $15,000 $15,000 $15,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 444 Explanation: To correct funding for orthophotography project from 40% wireless, 60% wireline to a 50%-50% split. This change in funding regulations went into effect July 1, 2005. Budget Amendment # 06-0062 - Governing Body Adiustment Debit Credit Governing Body: Appropriated Fund Balance Emergency Management: FEMA - Hurricane Ophelia $1,000,000 $1,000,000 Explanation: On October 7, 2005, U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) announced that Federal disaster aid was made available for North Carolina to supplement state and local recovery efforts in the area struck by Hurricane Ophelia. The County appropriated fund balance for the recovery efforts immediately following the storm to expedite the recovery effort. This budget amendment will replace the appropriated fund balance with the anticipated FEMA revenue. The exact cost of the recovery is not known at this time. The Commissioners will be updated on the exact amount when all recovery-related expenditures are finalized. Additional Information: With approval of this budget amendment, the amount of fund balance in FY 05-06 is $6,070,059. Budget Amendment # 06-0063 - Human Services Transportation/Non-Departmental Adiustment Debit Credit General Government: Appropriated Fund Balance Human Services Transportation: DOT State Grant Capital Outlay - Motor Vehicle Non-Departmental: Contribution - WAVE Transit $103,922 $138,600 $154,000 $ 88,522 Explanation: To roll over funds from FY 04-05 to FY 05-06. Grant funds are for vans and General Fund fund balance is for match for WAVE building. REGULAR AGENDA CONSIDERATION OF PROCLAMATION DECLARING NOVEMBER 2005, AS ADOPTION AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that Director of Social Services LaVaughn Nesmith has requested the Board to proclaim the month of November 2005 as Adoption Awareness Month in New Hanover County. Vice-Chairman Caster read the proclamation into the record. Chairman Greer requested a motion for approval from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring November 2005, as Adoption Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 31.2. CONSIDERATION OF APPROVAL NAMING BRUCE T. SHELL TO FILL THE COUNTY MANAGER'S POSITION BEGINNING ON NOVEMBER 22,2005 Chairman Greer reported the Board of Commissioners unanimously selected Bruce T. Shell to fill the County Manager's position beginning on November 22,2005 and requested a motion for approval. Motion: Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve Bruce T. Shell to fill the County Manager's position beginning on November 22, 2005. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF A PEDIATRIC PRIMARY CARE PROJECT GRANT APPLICATION Assistant Health Director Scott Harrelson reported that the Division of Medical Assistance, Carolina Access of the Lower Cape Fear, New Hanover County Department of Social Services and representatives of local pediatric groups have alerted the Health Department of the need for additional primary care providers for low NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 445 income and indigent children in New Hanover County. Currently there are 14,167 children on Medicaid, 2,168 children on NC Health Choice and approximately 4,234 children with no insurance coverage for a total of 20,569 children in this target population and the number is growing. Currently, there are no pediatricians in New Hanover County who are accepting Medicaid clients, without restrictions. The Office of Research, Demonstrations and Rural Health Department of Health has requested proposals to apply for grant funding in the amount of $50,000 to create new or expand existing services provided to the uninsured and medically indigent patients including medical services. If awarded, the grant funds will be used to establish a pediatric primary care clinic for the community. Financial projections based on the documented need, current reimbursement rates and similar programs in neighboring health departments would yield approximately $190,950 in Medicaid revenues, $36,900 in health fees and $23,600 in Health Choice revenues during the course of a year with a total projected revenue in the amount of $301,450. The program would include three new positions, an LPN, a Community Health Assistant and an Administrative Support Assistant. The cost of salary/fringes for all three positions would be $127,170; operating expenses are projected to be $109,280 for a combined total expense of $236,450. The Board of Health approved the request on November 2,2005. Commissioner Kopp clarified with Assistant Health Director Harrelson that the program after the initial $50,000 grant will be self-sufficient and the hired staff will be notified of this. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the request to submit an application to the Office of Research, Demonstrations and Rural Health in the amount of $50,000 to establish a pediatric primary care clinic for low income and indigent children, hire necessary staff, and approve any associated budget amendment if funding is awarded. Upon vote, THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER NEW HANOVER COUNTY VARIABLE RATE HOSPITAL REVENUE REFINANCING BONDS FOR NEW HANOVER REGIONAL MEDICAL CENTER Chairman Greer opened the Public Hearing and reported that on behalf of New Hanover Regional Medical Center, the County has the opportunity to refinance New Hanover County Hospital Revenue Bonds issued in 1993 and 1996. The refinancing of the bonds is expected to generate a savings of $7,592,108.66 through 2026. Chairman Greer asked for a motion from the Board to proceed with the Public Hearing on issuance of hospital revenue refunding bonds to refinance the 1996 project. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to proceed with the Public Hearing on issuance of hospital refunding bonds to refinance the 1996 project. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer asked if anyone from the public wished to speak on the advisability of refinancing the 1996 Project and the issuance of hospital revenue refunding bonds to refinance the 1996 Project. Hearing no comments, Chairman Greer asked for a motion from the Board to close the Public Hearing on the advisability of refinancing the 1996 Project and the issuance of hospital revenue refunding bonds to refinance the 1996 Project. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to close the Public Hearing on the advisability of refinancing the 1996 Project and the issuance of hospital revenue refunding bonds to refinance the 1996 Project. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer asked for a motion from the Board to approve the refinancing of the 1996 Project and issuance of the hospital revenue refunding bonds. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the refinancing of the 1996 Project and the issuance of the hospital revenue refunding bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported that the Board is being asked to consider and take action on a resolution directing the filing of an application with the Local Government Commission of North Carolina for approval of the issuance of hospital revenue refunding bonds to refund outstanding hospital revenue bonds of the County and approving the appointment of a financing team to effect the issuance of such hospital revenue refunding bonds. Chairman Greer read the resolution into the record and requested a motion for approval from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the resolution directing the filing of an application with the Local Government Commission of North Carolina for approval of the issuance of hospital revenue refunding bonds and certain related matters and making related findings. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 446 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 31.3. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY BLANCHARD, JENKINS ET AL ON BEHALF OF CINGULAR WIRELESS TO LOCATE A TELECOMMUNICATIONS FACILITY IN AN R-15 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. The following persons were sworn in: Dexter Hayes Richard Grindstaff David Lacava Gray Styers Gareth McGrath Anke Malek Jason Malek Mona Black Marda Lane Planning Director Dexter Hayes reported that the petitioner, Blanchard Jenkins Et Al on behalf of Cingular Wireless is requesting a special use permit to locate a telecommunications facility in an R -15 District located at 1540 Murray Farms Road. At the Board's regular meeting on October 3, 2005, the Board of County Commissioners accepted the petitioner's request to postpone discussion on the telecommunications facility proposal until a meeting could be held with nearby residents. At their regular meeting on September 1, 2005, the Planning Board recommended approval of the request with conditions with a vote of 5-0. Conditions by the Planning Board included meeting FAA requirements, providing a 25' landscape buffer, and the tower facility not interfering with road extensions from Quail Woods and Murray Farms subdivisions. No one was present at the meeting in opposition. Staff recommends approval with conditions. Planning Director Hayes presented the following findings offacts: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. No water and sewer service will be needed by this communication facility. B. The subject property is not located within a 100-year flood area. C. Access to the facility will be from Murrayville Road through Murray Farms Road (public) and a 12' gravel drive running inside a 30' access easement. D. The tower will be setback on the site approximately 186' from the nearest property line. E. The tower compound area (10,000 square feet) will be secured by a 8' high chain linked fence topped with 3 strands of barbed wire at the top. F. The fenced compound (6,400 square feet) will be surrounded by an existing densely wooded area. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The tower site is zoned R-15 Residential. Telecommunication facilities are permitted by Special Use Permit in residential zoning districts. B. The proposed tower will be in compliance with all FCC requirements. C. All towers, antenna or related structures locating in residential zoning districts shall be located a distance equal to the height of the tower from any residential dwelling as measured from the base of the tower. D. The proposed tower (172') will meet all setback requirements. The nearest property line is approximately 186'. E. The nearest residential structure is 238' from the base of the tower. F. The tower will be constructed to accommodate co-location (at least 3 additional providers). G. A 25' buffer of existing trees will be preserved around the perimeter of the fenced compound. H. An affidavit has been submitted by the applicant verifying the need for the placement of a new tower facility. 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 residential districts in New Hanover County. B. Expansion of wireless telecommunication services can enhance emergency communication during severe weather situations. C. No evidence has been submitted that this tower compound will decrease property values or exist as a health hazard to residents who live nearby. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 447 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 Urban Transition. B. No County regulated conservation or historic resources have been identified on site. Chairman Greer clarified with Planning Director Dexter Hayes that the applicant had submitted an affidavit stating that co-location was not possible on an existing tower. Chairman Greer asked if the applicant would like to speak on behalf of the request. Gray Styers, Attorney for Cingular Wireless, entered into the record the Presentation in Support of Application for Special Use Permit stating that their petition meets the County's required Findings of Facts. He presented the area of coverage and the preliminary site plan stating that a meeting had taken place with the surrounding residents on November 2, 2005. He stated that their preference would have been a co-location opportunity but that was not an option. Richard Grindstaff, on behalf of Cingular Wireless, stated that he has inspected the above referenced site and entered into the record a statement that he has found no evidence of any adverse influence on property values as a result of there being a telecommunication facility near by. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Jason Malek, resident of Murray Farms subdivision, stated his concern that the proposed project does not fit the County's regulations regarding co-location, listing two County water tower sites and an Alltel tower that could be used. He requested a site analysis on the other sites be conducted before the Board makes a decision. Gareth McGrath, resident of Murray Farms subdivision, requested the Board require the Petitioner to locate the tower further back and that this could offer a solution acceptable to everyone. Marda Lane, on behalf of her daughter a resident of Murray Farms subdivision, stated that she and her daughter are opposed to the proposed project and requested the Board deny the request. Studies do not show that the telecommunication towers are unsafe but neither do studies show that they are safe. Chairman Greer asked for rebuttal comments from the Petitioner. Attorney Styers stated that they have met the condition by the Planning Board to meet FAA requirements and entered into the record a letter by Richard Biscomb. The ability for a co-location is always the first choice but the Alltel tower operates on a different signal and is not compatible with the Cingular system, and the suggested water towers will not give them the required coverage confirming they agree with Staff's findings of facts. Commissioner Kopp asked if the telecommunication tower could be located further back III the undeveloped area. Attorney Styers stated that another location on the property was not agreeable with the property owner. Commissioner Pritchett quoted from a board of health study that there was not a health concern. Chairman Greer asked if there are any rebuttal comments from the opposition. Mr. Malek requested a site analysis be done for alternative sites before the Board makes a decision. Commissioner Davis asked if telecommunication towers are permissible on County water towers. Attorney Styers stated that coverage is needed off 1-40 in the residential areas and that the suggested sites will not meet their needs. Research has been done on all the sites in the needed coverage area. Mr. Malek stated that the Alltel tower site was approved last month by the Board and requested that the Board require a site analysis. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Vice-Chairman Caster requested Planning Director Hayes to verify that a site analysis has been done before a telecommunications facility request goes before the Planning Board and subsequently the Board of Commissioners. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to remand the Special Use Permit request by Blanchard Jenkins Et Al on behalf of Cingular Wireless to locate a telecommunications facility in an R- 15 District located at 1540 Murray Farms Road back to the Planning Board for a site analysis to be completed and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 448 brought back to the Board at their December 5, 2005 meeting. UNANIMOUSLY. Upon vote, the MOTION CARRIED PUBLIC HEARING TO CONSIDER THE REQUEST BY BERTRAM WILLIAMS TO REZONE APPROXIMATELY 102 ACRES OF PROPERTY LOCATED AT 1839 FARLEY DRIVE FROM AR AIRPORT RESIDENTIAL TO AI AIRPORT INDUSTRIAL (Z-809, 09/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Dexter Hayes reported that Bertram Williams is requesting to rezone approximately 102 acres of property located at 1839 Farley Drive from AR Airport Residential to AI Airport Industrial. The subject property consists of a 102-acre tract that has a significant amount of road frontage on North Kerr Avenue and Farley Drive. Land uses nearby include established residential homes, mainly on Farley Drive and adjacent North Kerr Avenue. Also located nearby is the Murrayville Station Business Park that contains a mixture of light commercial and industrial type uses. Southwest of the site is the Wilmington International Airport. The petitioner's rezoning request to Airport Industrial appears to be a logical extension of existing AI District property located adjacent to the south and west of the site. Public water and sewer is located nearby along with adequate access to the site at Farley Drive and North Kerr Avenue. The area is also classified on the County's 1999 Land Use Plan as Urban Transition that provides for future intensive development. At their regular meeting on October 6,2005, the Planning Board recommended approval by a vote of 6-0. No one was present at the meeting in opposition. Staff recommends approval. Commissioner Davis clarified with Planning Director Hayes that the request was consistent with the land use plan and that both Staff and the Planning Board recommended approval. Chairman Greer asked if the petitioner wished to speak on the request. The petitioner, R. Bertram Williams, Jr. spoke on his acquisition of the property and that he has farmed the property. He stated that he did not feel the property was suitable for residential development and requested the Board rezone the property Airport Industrial. He contacted his neighbors concerning the rezoning request with no one speaking in opposition. Joe Taylor, attorney on behalf of Mr. Williams, stated that rezoning of the property to Airport Industrial is appropriate and that the property is not suitable for residential development. The Planning Board and the Airport Authority both voted unanimously in support for the rezoning request. Chairman Greer asked if anyone from the public wished to speak on the request. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to approve the request by Bertram Williams to rezone approximately 102 acres of property located at 1839 Farley Drive from AR Airport Residential to AI Airport Industrial. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE "AIRPORT" ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 4, 1976, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Airport Section, Page 18.1. BREAK Chairman Greer called for a break at 7:20 p.m. until 7:35 p.m. PUBLIC HEARING TO CONSIDER THE REQUEST BY TURLINGTON & KOHL TO REZONE TWO ADJACENT TRACTS OF LAND TOTALING APPROXIMATELY 2.75 ACRES OF PROPERTY LOCATED AT 5620 AND 5658 CAROLINA BEACH ROAD FROM R-15 AND B-2 (Z-811, 10/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Dexter Hayes reported that Turlington & Kohl are requesting to rezone two adjacent tracts of land totaling approximately 2.75 acres located at 5620 and 5658 Carolina Beach Road from R-15 Residential to B-2 Highway Business. The subject property is located just south of Monkey Junction on the west side of Carolina Beach Road. Both tracts of land abut an existing B-2 Highway District to the front along Carolina Beach Road. Abutting the tracts to the west is an existing R-15 Residential District known as Brewster Place subdivision. At their regular meeting on October 6,2005, the Planning Board recommended approval of the request by a vote of 5-1. Several nearby residents voiced concerns involving parking issues, noise, and traffic. Staff recommends approval due to the commercial nature of the area east of the petitioner's property, the adequate water NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 449 and sewer services, and the required buffers and setbacks that will be imposed adjacent to the existing residential property when the property is developed. Commissioner Davis clarified with Planning Director Dexter Hayes that the request was consistent with the land use plan. Chairman Greer asked if anyone from the public wished to speak on the request. Daryl McNair, resident of Brewster Place, spoke on behalf of adjoining property owners with concerns on security and not knowing the plans for the property. Chairman Greer explained that if the R-15 rezoning remains then residential development could come to the property line but if the property is rezoned B-2 the buffer requirement and setbacks will be imposed. Charlie Rivenbark, representing the petitioner, described the property and requested the Board approve the rezoning request. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the request by Turlington & Kohl to rezone two adjacent tracts ofland totaling approximately 2.75 acres located at 5620 and 5658 Carolina Beach Road from R-15 Residential to B-2 Highway Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 67.3. PUBLIC HEARING TO CONSIDER THE REQUEST BY PATRICIA WILLIAMS ON BEHALF OF GLORIA MODRAY TO REZONE APPROXIMATELY 0.70 ACRE OF PROPERTY LOCATED AT 1800 CASTLE HAYNE ROAD FROM R-15 RESIDENTIAL TO B-1 NEIGHBORHOOD BUSINESS (Z-812, 10/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Dexter Hayes reported that Patricia Williams on behalf of Gloria Modray is requesting to rezone approximately 0.70 acre of property located at 1800 Castle Hayne Road from R-15 Residential to B-1 Neighborhood Business. The subject property is located between the intersections of Gordon Road and Castle Hayne Road and North Twenty-Third Street and Castle Hayne Road. Both of these intersections are presently zoned commercial and contain a variety of services ranging from a restaurant to auto repair. The petitioner's property adjoins a light commercial district (B-1) to the north. Road frontage of the property is approximately 90 feet with a depth of approximately 350 feet. The property also contains an unoccupied dwelling. The petitioner' request to rezone property from R-15 to B-1 is a logical extension to the existing B-1 District adjacent and to the north. Despite the unavailability of water and sewer services and traffic congestion, the Urban Transition class designation does provide for future intensive development on land that will be provided with necessary services. In addition, traffic congestion should ease somewhat on Castle Hayne Road when the final leg of the MLK Parkway and 1-140 Bypass are complete. Staff recommends approval. At their regular meeting on October 6, 2005, the Planning Board recommended approval of the request with a vote of 6-0. No one was present at the meeting in opposition. Commissioner Davis clarified with Planning Director Hayes that the rezoning request was consistent with the land use plan. Chairman Greer asked if anyone was present to speak in favor of or in opposition to the request. Hearing no one, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Patricia Williams on behalf of Gloria Modray to rezone approximately 0.70 acre of property located at 1800 Castle Hayne Road from R-15 Residential to B-1 Neighborhood Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 ON JULY 1,1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9A, Page 49. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 450 PUBLIC HEARING TO CONSIDER THE REQUEST BY ALAN GREGORY ON BEHALF OF P&A PROPERTIES TO REZONE APPROXIMATELY 1.66 ACRES OF PROPERTY LOCATED IN THE 5500 BLOCK OF CASTLE HAYNE ROAD FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-813, 10/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Dexter Hayes reported that Alan Gregory on behalf of P&A Properties is requesting to rezone approximately 1.66 acres of property located in the 5500 block of Castle Hayne Road from R-15 Residential to B-2 Highway Business. The subject property consists of two separate tracts of land that front on Blossom Street in the Castle Hayne Community. Both tracts of land extend from Blossom Street to Castle Hayne Road with the front portions of each tract along Castle Hayne Road already zoned B-2 Highway Business. The front portions of these tracts were rezoned to B-2 in July 1986 and July 1990. A tract ofland noted as number 8 on the site map and zoned R-15 Residential separates the tracks of the petitioner's rezoning request. The petitioner's request to extend the B-2 Highway Business District to Blossom Road appears to be logical. The existing depth of the B-2 District north of the property request is approximately 300 feet and coincides with the petitioner's request. Planning staff recommends that the rezoning request be approved and that the rear portion of tract number 8 also be included in the request providing for a more consistent commercial district. At their regular meeting on October 6,2005, the Planning Board recommended approval of the request by a vote of 6-0 also recommending that the adjoining property owned by Mr. William D. Hewett be included in the petition. No one was present at the meeting in opposition. The Planning Department has received a letter from Mr. Hewett stating that he does not wish to change the zoning on his property. Commissioner Davis clarified with Planning Director Hayes that the request was consistent with land use plan. Chairman Greer asked if the petitioner wished to speak on the request. No one was present to speak in favor of the request. Chairman Greer asked if anyone from the public wished to speak on the request. Teresa Chandler, on behalf of Dave Hewett, stated that Mr. Hewett is opposed to his property being rezoned as proposed by the Planning Department and Planning Board. James Fussell, resident of Blossom Street, stated that he is opposed to the rezoning request due to the increase in traffic and safety concerns. Danny Curtis, resident of Blossom Street, stated that he is opposed to the rezoning request due to the increase in traffic and the poor maintenance of the state road. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve the request by Alan Gregory on behalf of P&A Properties to rezone approximately 1.66 acres of property located in the 5500 block of Castle Hayne Road from R-15 Residential to B-2 Highway Business excluding the Dave Hewett property. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE CASTLE HAYNE AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Castle Hayne Section, Page 24.3. PUBLIC HEARING TO CONSIDER THE REQUEST BY H.C. JOHNSTON, JR TO REZONE 45.8 ACRES OF PROPERTY LOCATED AT 3023 ACORN BRANCH ROAD FROM AR TO AI (Z-814, 10/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Dexter Hayes reported that H.C. Johnston, Jr. is requesting to rezone 45.8 acres of property located at 3023 Acorn Branch Road from AR Airport Residential to AI Airport Industrial. The subject property consists of two tracts of land totaling approximately 45.8 acres. Road frontage is limited to the tracts by way of Acorn Branch Road. Presently, most of the property is vacant and is located adjacent to the Wilmington International Airport. Other adjacent tracts located nearby are vacant or used for agricultural purposes with a few residential homes along Acorn Branch and Trusdale Roads. The petitioner's rezoning request to Airport Industrial appears to be a logical extension of the existing AI District property located to the north and south. Public water is located nearby along with marginal access at Acorn Branch Road with sewer capacity available in the future with the expansion of the North Side treatment system. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 451 At their regular meeting on October 6, 2005, the Planning Board recommended approval by a vote of 6-0. Staff recommends approval. Commissioner Davis clarified with Planning Director Hayes that the proposed request was consistent with the land use plan. Chairman Greer asked if the petitioner wished to speak on the request. H. C. Johnston, Jr., stated that along with his sister he is the owner of the property. His property is surrounded by AI zoning and in direct approach of the airport runway that makes it unsuitable for residential development. The Airport Authority supports the rezoning request. Chairman Greer asked if anyone from the public wished to speak on the request. Hearing no one, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the request by H.C. Johnston, Jr. to rezone 45.8 acres of property located at 3023 Acorn Branch Road from AR Airport Residential to AI Airport Industrial. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE AIRPORT AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON OCTOBER 4, 1976, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Airport Section, Page 18.2. PUBLIC HEARING TO CONSIDER THE REQUEST BY RALEY-MILLER PROPERTIES ON BEHALF OF HARMONY HOLDINGS, LLC TO REZONE APPROXIMATELY 9.82 ACRES OF PROPERTY LOCATED AT 6002 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL TO CD (B-1) NEIGHBORHOOD BUSINESS (Z-816, 10/05) 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 Ken Orndorff Robert High Mike Graybar Howard Penton Valencia Hankins Rebecca Kronfeld Len Kronfeld Mary Davis Adriana Montalvo Lawrence Winstead Burch Sheeny Ken Oxemeider Roger Stanley Mark Carter Planning Director Dexter Hayes reported that Raley-Miller Properties on behalf of Harmony Holdings, LLC is requesting to rezone 9.82 acres of property located at 6002 Carolina Beach Road from R -15 Residential to CD (B-1) Neighborhood Business. In the fall of 2003, the Board of Commissioners approved a Conditional Use Neighborhood Center with twenty-six town homes and several mixed-use buildings that included a 48,000 square foot grocery store with the following five conditions: 1) The developer shall make all improvements to the Sanders Road intersection as recommended in the TIA, driveways on Carolina Beach Road should also be consolidated 2) To provide as much inter-connectivity as possible, access shall be provided from the proposed project to the rear of the lots that front on Carolina Beach Road 3) Provide a pedestrian easement to the Beau Rivage Subdivision 4) The buffers against the Beau Rivage Subdivision shall meet the minimum County standards and include an 8' high opaque fence and 2 rows of Leyland Cypress 5) To maintain the existing Cypress Ponds, the site shall be engineered to ensure that the water table remains at the existing level. The petitioner is requesting an expansion and a revision to the CD (B-1) Conditional Use Neighborhood Business Rezoning with a Special Use Permit for Limited Commercial Uses and Residential Uses. The subject property is located in the southwestern quadrant of the intersection of Carolina Beach Road and Sanders Road. Although the property extends a distance of 1800 feet on Carolina Beach Road with 728 feet of frontage on Sanders NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 452 Road, the site does not actually include the corner of the intersection. As shown on the site map, there are several commercially zoned lots that separate the subject property from Carolina Beach Road. The rear of the property is directly adjacent to the Beau Rivage Subdivision, which has an existing 30-foot buffer within their property boundary. The property being added includes an older mobile home park with 60 + spaces. This affordable housing needs to be replaced at other locations in the County. A platted right-of-way in Beau Rivage adjoins the southwest corner of the residential area. The revised site plan for the project adds 30,000 sq ft to the approved 150,000 sq. ft of retail, commercial and office space as well as another fifty-eight dwelling units for a total of eighty-four. Recent adjustments to the plan include additional preservation of existing vegetation and indicate four possible mixed-use type buildings. The site plan shows three access points on Carolina Beach Road and one access on Sanders Road. The traffic impact analysis for the project recommends several improvements to the intersection of Sanders Road and Carolina Beach Road. There will also be other turn lanes required by NCDOT for the individual entrances on Carolina Beach Road and Sanders Road. The subject property is classified by the New Hanover County Comprehensive Plan as Limited Transition. The purpose of the Limited Transition class is to provide for development in areas that will have some services, but at lower densities than those associated with Urban Transition. With all of the development occurring nearby, the intersection of Carolina Beach Road and Sanders Road is a desirable location for neighborhood level services for the River Road communities. Having a neighborhood center at this location will allow people from River Road to obtain necessary services without leaving their community and adding trips to Carolina Beach Road. The adopted Thoroughfare Plan shows plans to extend a thoroughfare from the Sanders Road Intersection to the northeast ultimately connecting to Myrtle Grove Road, adding to the desirability of this location as a commercial district. Staff recommends approval with the additional conditions as well as the existing conditions listed on the Special Use Permit Findings. At their regular meeting on October 6, 2005, by a vote of 6-0 the Planning Board recommended approval of the 9.82 acres expansion and modification of the Mixed Residential and Neighborhood Commercial Center. No one spoke in opposition to the plan at the meeting. The Planning Board's recommendation included the two additional conditions suggested by staff: 1) Interior access should be provided to the Swartz properties. 2) Connecting pedestrian access should also be provided to the street stub from Beau Rivage for the benefit of the Beau Rivage residents. Chairman Greer asked if the petitioner wished to speak on the request. Ken Orndorff, Raley Miller Properties, described the proposed plan for the project and stated that the potential pedestrian access will be at the request of the Beau Rivage HOA. Mark Carter, attorney on behalf of Beau Rivage HOA, stated that Beau Rivage homeowners were in support of the project without the pedestrian access and requested a buffer of Cypress trees. Burch Sheeny, on behalf of Beau Rivage HOA, stated that the Homeowners were in support of the project without the pedestrian access. Rebecca Kronfeld, resident of Beau Rivage stated that she was not opposed to the proposed project but did not want the pedestrian access. Chairman Greer asked if anyone from the public wished to speak on the request. Lawrence Winstead, resident of Harmony Village Mobile Home Park, spoke on his concerns of having to relocate and the lack of affordable housing. Adriana Montalvo, resident of Harmony Village Mobile Home Park, spoke on her concerns of having to relocate and the lack of affordable housing. Ken Oxemeider, resident of Harmony Village Mobile Home Park, spoke on his concerns of having to relocate and the lack of affordable housing. Chairman Greer asked if the petitioners would like to make rebuttal comments. Mr. Orndorff stated that the time frame for the purchase of the property is proposed to be in the first quarter of 2006. He assured the Board that the residents of the Harmony Village Mobile Home Park will be given sixty days notice after the transfer of the property title. Robert High, present owner of Harmony Village Mobile Home Park, stated that he will give residents the appropriate notification concerning the sale of the property and that existing leases will be honored. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 453 There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Raley- Miller Properties on behalf of Harmony Holdings, LLC to rezone 9.82 acres of property located at 6002 Carolina Beach Road from R-15 Residential to CD (B-1) Neighborhood Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON APRIL 17, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 67.4. Chairman Greer asked for direction from the Board concerning the Special Use Permit. Commissioner Pritchett stated that she felt a ninety-day notice after the transfer of the property title for the residents of the Harmony Village Mobile Home Park would be appropriate. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Special Use Permit to Raley-Miller Properties on behalf of Harmony Holdings, LLC for an expansion and a revision to the CD (B-1) Conditional Use Neighborhood Business Rezoning for Limited Commercial Uses and Residential Uses based on the evidence presented and the existing 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 and with the following conditions: 1) interior access should be provided to the Swartz properties; 2) with no pedestrian access to Beau Rivage and 3) a requirement of sixty days notification to the residents of Harmony Village Mobile Home Park after the transfer of the property title. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Pritchett voted in opposition. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 39.1. BREAK Chairman Greer called for a break at 9:20 p.m. until 9:40 p.m. PUBLIC HEARING TO CONSIDER A MODIFICATION TO A SPECIAL USE PERMIT REQUESTED BY WITHERS & RAVENEL ON BEHALF OF MONKEY JUNCTION SELF STORAGE TO EXPAND THE FACILITY LOCATED AT 5044 CAROLINA BEACH ROAD (Z-696, 10/10) 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 Alton Lennon Planning Director Dexter Hayes reported Withers & Ravenel on behalf of Monkey Junction Self Storage is requesting a modification to a special use permit to expand an existing self-storage facility located at 5044 Carolina Beach Road. The proposed revision adds additional warehouse storage. The surrounding land uses are primarily residential with some commercial further north and some commercial to the south. The subject property is adjacent to the main entrance to Archmill Place that is a new subdivision to the west and provides a connection to other residential areas further to the west. The original conditions of the Special Use Permit would become a part of the revised site plan. 1) Provide a 20' buffer yard to the rear or western portion of the property. 2) Fencing around the storage buildings will be estate type fencing with brick colunms. 3) Lighting for the facility will be unobtrusive down lighting. 4) The uses for the front two buildings (labeled 16,000 s.f. and 8,800 s.f. office) are limited to the attached list of uses as presented. At their regular meeting on October 6,2005, the Planning Board recommended approval of the request by a vote of 6-0 to expand the self-storage facility by 15,200 sq. ft. with the condition that all other features and conditions of the existing plan would remain. No one spoke in opposition to the plan at the meeting. Chairman Greer asked if the petitioner wished to speak on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 454 Cindee Wolf, Withers & Ravenel on behalf of Monkey Junction Self Storage, spoke on the layout of the proposed project stating that the outdoor storage area will be discontinued on this site and confirmed that the original conditions of the Special Use Permit would become a part of the revised site plan. Alton Lennon, attorney on behalf Monkey Junction Self Storage, spoke on the need for the additional storage space, the commitment of the owner to be sensitive to the needs of the area and stated that home values in the area are continuing to increase steadily. Chairman Greer asked if anyone from the public wished to speak on the request. There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Withers & Ravenel on behalf of Monkey Junction Self Storage to modify the conditional use approved site plan to add 15,200 sq ft to the existing self-storage facility located at 5044 Carolina Beach Road with the following conditions: 1) provide a 20' buffer yard to the rear or western portion of the property; 2) fencing around the storage buildings will be estate type fencing with brick colunms; 3) lighting for the facility will be unobtrusive down lighting; and 4) the uses for the front two buildings are limited to the attached list of uses as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the conditional use district revision is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 39.2. PUBLIC HEARING TO CONSIDER A SPECIAL USE REQUEST BY CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS TO LOCATE A TELECOMMUNICATIONS FACILITY IN A B-2 DISTRICT LOCATED AT 6130 CAROLINA BEACH ROAD (S-542, 10/05) 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 Gary Pennington Planning Director Dexter Hayes reported that Cellco Partnership d/b/a Verizon Wireless is requesting a special use permit to locate a telecommunications facility (130' monopole) in a B-2 Highway Business District located at 6130 Carolina Beach Road. Planning Director Hayes presented the following findings offacts: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. No water and sewer service will be needed by this communication facility. B. The subject property is not located within a 100-year flood area. C. Access to the facility will be from Carolina Beach Road along a 20'gravel drive running inside a 30' access and utility easement. D. The tower will be set back on the site approximately 155' from the nearest property line. E. The tower compound area (4,900 square feet) will be secured by a 6' high chain linked fence topped with 3 strands of barbed wire at the top. F. The fenced compound will be surrounded by a 25' landscaped area. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The tower site is zoned R-15 Residential. Telecommunication facilities are permitted by Special Use Permit in residential zoning districts. B. The proposed tower will be in compliance with all FCC requirements. C. All towers, antenna or related structures locating in residential zoning districts shall be located a distance equal to the height of the tower from any residential dwelling as measured from the base of the tower. D. The proposed tower (130') will meet all setback requirements. The nearest property line is approximately 155'. E. The nearest residential structure is over 200' from the base of the tower. F. The tower will be constructed to accommodate at least one additional provider. G. A 25' buffer will be provided around the perimeter of the fenced compound. H. An affidavit has been submitted by the applicant verifying the need for the placement of a new tower facility. 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 residential districts in New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 455 B. Expansion of wireless telecommunication services can enhance public services and emergency communication during severe weather situations. C. No evidence has been submitted 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 Limited Transition. B. No County regulated conservation or historic resources have been identified on site. At their meeting on October 6, 2005, the Planning Board recommended approval by a vote of 5-0 without any additional conditions. No one spoke in opposition at the meeting. Planning Director Hayes verified that the petitioner has shown that co-location is not possible. Chairman Greer asked if the petitioner wished to speak on the request. Gary Pennington, representing Cellco Partnership d/b/a Verizon Wireless, presented the proposed telecommunications facility entering into the record a revised site plan and a letter from William Y. McKenzie, State Certified General Real Estate Appraiser. He stated that Cellco Partnership d/b/a Verizon Wireless has required licenses in the eastern part of the state and that there is not an appropriate co-location facility available, confirming he agreed with the Findings of Facts read by Planning Director Hayes. Chairman Greer asked if anyone from the public wished to speak on the request. There being no comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Special Use Permit to Cellco Partnership d/b/a Verizon Wireless to locate a telecommunications facility (130' monopole) in a B-2 Highway Business District located at 6130 Carolina Beach 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 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 Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 39.3. PUBLIC HEARING TO CONSIDER REQUEST TO NAME AN UNNAMED ROAD TO SERENITY POINT (SN-97, 11/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Dexter Hayes reported that Linda Brown is requesting to name an unnamed road to Serenity Point located near Channel Haven Drive, North Myrtle Grove Community. He stated that the adjoining property owners have verified agreement. Chairman Greer asked if anyone from the public wished to speak on the request. Hearing no comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve naming an unnamed road to Serenity Point located near Channel Haven Drive, North Myrtle Grove Community. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance approving the name of the road is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 31.4. PUBLIC HEARING TO CONSIDER REQUEST TO AMEND ZONING TEXT SECTION 53.5-2(3) OF THE COUNTY'S ZONING ORDINANCE (A-343, 10/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes make the staff presentation. Planning Director Dexter Hayes reported that Staff is requesting to amend Section 53.5-2(3) of the County's Zoning Ordinance modifying the setback requirements in a PD Planned Development District. The Planning Board recommended approval by a vote of 6-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 456 Chairman Greer asked if anyone from the public wished to speak on the request. Hearing no comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve amending Section 53.5-2(3) of the County's Zoning Ordinance modifying the setback requirements in a PD Planned Development District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amendment to the New Hanover County Zoning Ordinances is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 31.5. PRESENTATION BY RESIDENT OF ARNOLD ROAD CONCERNED WITH DRAINAGE Chairman Greer reported that Ms. Shari Mongold has requested to make a presentation on Arnold Road drainage concerns and requested Ms. Mongold make the presentation. Ms. Mongold, resident of 714 Arnold Road, reported that she and her neighbor have been served by the County with a Notice of Violation to correct a clogged or broken drainage pipe between their lots that has caused flooding on Arnold Road. This violation is due to section 23-342 of the County drainage ordinance that requires property owners to maintain drainage ways on their property. The two residents appealed the Notice of Violation and the hearing was continued to December 1 to allow them time to work out an alternate funding approach. Ms. Mongold reported that NCDOT guidelines state that this matter should never have been placed on individual homeowners and requested the Board petition the Secretary of Transportation for the repair or replacement of the drainage pipe. A pipe cleaning company was hired by the homeowners to flush the line and look inside with a camera truck. At that time, it was discovered that the pipe was collapsed within 2 feet of the edge of the road on the state right of way. The pipe has been successfully flushed up to the portion of pipe that is collapsed on the state right of way. She requested that this information be taken into consideration and that the Notice of Violation be removed. If the County continues to hold the homeowners responsible she requested that all the Arnold Road residents who would benefit from the correction of the drainage problem be assessed. The cost of replacing these underground pipes is approximately $15,000 - $20,000. In closing, she requested the Board to reconsider the ordinance that appears to be in violation with State policies and find a more equitable solution for funding maintenance and repairs of the County's drainage system stating that she feels that a reasonable solution would be to charge a small drainage tax. Kenneth Bomhan, resident of 70 1 Arnold Road, stated the problems he has encountered due to the drainage problem. R. H. Walker, grandfather of Kenneth Bomhan, spoke on the drainage problems his grandson has encountered and his frustration in trying to get the problem resolved. Tom Toby, resident of 812 Arnold Road, requested the Board contact NCDOT to correct the drainage problems and clear the drainage pipe. He stated the drainage easement on his property is for the entire neighborhood and he shouldn't be held responsible for the maintenance and repair. Travis Mongold, resident of 714 Arnold Road, stated that he has examined the closing documents on his home and cannot find any disclosure of the drainage pipe. After brief discussion, Chairman Greer requested that Interim County Manager Dave Weaver contact NCDOT for an update on the project. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 11:00 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 11: 15 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. Dan Walton, on behalf of Jacob Ridge Homeowners Association, spoke on concerns of increase in traffic, negative impact on their property values and safety issues should the super Wal-Mart be built and requested support from the Board to do whatever possible to stop the project. Lee Bollie, a resident of the Ogden area, spoke on concerns for the wetlands, residential safety and the increase in traffic and requested the Board do whatever is possible to stop the project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 457 Chairman Greer read a letter of update to the Commissioners from Planning Director Dexter Hayes dated November 3,2005. The letter states the following: . Since the property is already zoned B-2 there will not be any public hearings held by the County to review the site plans. . Permitting will be processed through our Inspections Department. As of the date of this update no plans have been submitted to the County for permit review. . In September the County received notices from the NC Department of Environment and Natural Resources Division of Coastal Management and the US Army Corps of Engineers soliciting comments on the proposed impacts to 4.2 acres of wetlands on the site. . Those impacts include the construction of an entranceway to the Wal-Mart Super Center from Market Street and an access drive to the rear of the building. This driveway location has not been approved by NCDOT. . Several months ago the County was invited to attend a meeting at NCDOT with the Wal-Mart traffic consultant to review some of the transportation issues that will need to be addressed in their traffic impact analysis. . NCDOT is requiring that study which will be reviewed by their Commercial Plan Review office; that study and review is still underway. . The portion of the property fronting on Market Street that is classified as wetlands will require permitting by the Corps of Engineers prior to any land disturbance. Those plans have been submitted to the Corps that precipitated the public notice. . One aspect of the Corps' review process under Section 404 of the Clean Water Act is the opportunity to request that a public hearing be held by the District Engineer to evaluate the cumulative impacts of the project. . The Planning Department has made that request in a letter of comments to the Corps and in a similar letter to the Division of Coastal Management objecting to the project as proposed. . There are several transportation, wetland and water quality issues that need to be resolved prior to the project moving forward. Chairman Greer stated that the proposed project is permitted in B-2 zoning according to the County's Land Use Plan. The County does not have the authority to arbitrarily tell property owners what they can and cannot do on their own property. A letter to the appropriate agencies reiterating the Board's stance and requesting that they do everything possible to make sure that the project, if it is done, is done the right way, and if it can't be done properly that they will make that determination. ADDITIONAL ITEMS Item Presented by Commissioner Davis Commissioner Davis reported that following citizen concerns and questions about the Super Wal-Mart Center being proposed near the Ogden Community on Market Street he is requesting the Board approve a resolution in support of the comments previously forwarded to the Corps of Engineers and the NC Division of Coastal Management in letters from the New Hanover County Planning Department including the request for a public hearing to be held to consider the cumulative impacts of the proposed project. Commissioner Davis introduced the resolution into the record. After discussion, Chairman Greer requested direction from the Board. Motion: Commissioner Davis MOVED to adopt the resolution supporting and endorsing the comments previously forwarded to the Corps of Engineers and the NC Division of Coastal Management in letters from the New Hanover County Planning Department including the request for a public hearing to be held to consider the cumulative impacts of the proposed project, copy the letters to NCDOT and authorize the Chairman, on behalf of the Board, to write a letter to Wal-Mart Real Estate Business Trust requesting a delay in the project at the proposed site or consideration of other alternative sites that would be better able to handle the projected traffic as well as any unnecessary impacts to the coastal environment. The MOTION DIED FOR LACK OF A SECOND. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution as presented and authorize the Chairman on behalf of the Board to: 1) send letters to the Corps of Engineers and NC Division of Coastal Management as decided upon with a copy of the resolution; 2) send a letter to NCDOT including traffic impact concerns including copies of letters sent to the Corps of Engineers and NC Division of Coastal Management and a copy of the resolution; and 3) send copies of the letters sent to the Corps of Engineers, NC Division of Coastal Management and NCDOT to Wal-Mart Real Estate Business Trust. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 31.6. Item Presented by Chairman Greer Chairman Greer reported that Lori Goodell, Regional Development Manager of the Food Bank of Central and Eastern North Carolina, has requested the Board to proclaim November 14-18, 2005 as National Hunger and Homelessness Awareness Week in New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 7, 2005 BOOK 30 PAGE 458 Vice-Chairman Caster introduced the proclamation into the record and Chairman Greer requested a motion for approval from the Board. Motion: Chairman Greer MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring November 14-18, 2005, as National Hunger and Homelessness Awareness Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 31.7. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported on meeting with Chairman Greer, the City of Wilmington Mayor Broadhurst, Councilman O'Quinn and staff looking at a consolidation model from Roanoke, Virginia. He also reported that the draft of the CAMA Land Use Plan was back from the State and would be before the Planning Board in December and the Board of Commissioners and City Council in January. Items Presented by Commissioner Pritchett Commissioner Pritchett reported attending a Homeland Security Grant Conference and came back with leads on grants for not only the Gang Task Force but for Fire Services and others; spoke at the Small and Diverse Business Procurement Summit at UNC-W; attended the Open House at the Services to the Blind; the pre-opening reception at the NC Aquarium's Exotic Aquatics and worked at the Household Hazardous Waste Day on Saturday. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 12:01 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board