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2005-12-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 5, 2005 BOOK 30 PAGE 466 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 5, 2005, at 5:30 p.rn. 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; County Manager Bruce T. Shell; 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 Reverend Amanda McCullough, Senior Pastor at St. Jude's Metropolitan Community Church, gave the invocation. Members of the Wrightsboro Boy Scout Troop 220 led the audience in the Pledge of Allegiance to the Flag. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Chairman Greer requested County Attorney Wanda M. Copley to preside over the election of the Chairman and Vice-Chairman of the Board of County Commissioners. County Attorney Copley opened the floor to receive nominations for Chairman for the ensuing year. Commissioner Caster nominated Commissioner Greer. Commissioner Kopp seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: Upon vote, Commissioner Robert G. Greer was unanimously elected to serve as Chairman of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. Commissioner Greer nominated Commissioner Caster. Commissioner Kopp seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: Upon vote, Commissioner William A. Caster was unanimously elected to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE WATER AND SEWER DISTRICT FOR ELECTION OF A CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Chairman Greer convened from Regular Session at 5:33 p.rn. for the County Attorney to preside over the election of a Chairman and Vice-Chairman for the Water and Sewer District Board of Commissioners. Chairman Greer reconvened to Regular Session at 5:40 p.rn. BREAK Chairman Greer called for a break from 5:40 p.rn. until 5:45 p.rn. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Chairman Greer requested clarification on the funding source for Consent Agenda Item #2 - Approval to Change Three Part- Time Ticket Agent Positions to One Full- Time Ticket Agent Position at Airlie Gardens. County Manager Bruce Shell reported that this position will be grant-funded by the Airlie Gardens Foundation and will remain in place until funding ends. Hearing no further comments, Chairman Greer called for a motion for approval. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, 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: Closed Session, October 5, 2005 Closed Session, November 21, 2005 Regular Meeting, November 21,2005 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 5, 2005 BOOK 30 PAGE 467 Approval to Change Three Part-Time Ticket Agent Positions to One Full-Time Ticket Agent Position - Airlie The Commissioners approved changing three part-time ticket agent positions to one full-time ticket agent position at Airlie Gardens. The position will be grant funded by the Airlie Gardens Foundation. REGULAR ITEMS OF BUSINESS PUBLIC HEARING TO CONSIDER A REQUEST BY CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR A SPECIAL USE PERMIT TO LOCATE A TELECOMMUNICATIONS FACILITY IN A R- 20 RESIDENTIAL DISTRICT LOCATED AT 1219 MIDDLE SOUND LOOP ROAD (S-541, 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 William McKenzie Planning Director Hayes reported that Cellco Partnership d/b/a Verizon Wireless is requesting a special use permit to locate a telecommunications facility in a R-20 Residential District located at 1219 Middle Sound Loop Road. At the Planning Board meeting on October 6,2005, one adjoining neighbor expressed concern with the height of the tower and the visual impacts on nearby properties. Following discussion from the applicant about the importance ofthis location for their service area, Verizon representatives agreed to conduct a balloon test on October 19 to allow Board members and nearby residents to view the projected height at the proposed location. The Planning Board unanimously agreed to continue the item until their next meeting. At the Planning Board meeting on November 3, 2005, the attorney for the applicants presented the results of the balloon test. One nearby property owner was still concerned with the visual impact as well as the impacts on the adjacent conservation area owned by the County. The applicant agreed to use only flush mounted antennas on the tower that would be light gray in color. This was added as a condition of the recommendation for approval with a vote of 6-1. Staff recommends approval. Planning Director Hayes entered into the record the following findings of facts: 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 Dunbar Road off Middle Sound Loop Road along an existing driveway. D. The tower will be setback on the site approximately 550' from the road and 55' from the nearest property line. E. The tower compound area (50' x 50') will be secured by a 6' high chain linked fence topped with three strands of barbed wire at the top. F. An existing densely wooded area will surround the fenced 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-20 Residential. Special Use Permit in residential zoning districts permits telecommunication facilities. 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 130' tower will meet all setback requirements. The nearest property line is approximately 55'. E. The nearest residential structure is 180' from the base of the tower. F. The tower will be constructed to accommodate one additional provider. G. Natural foliage already in place will provide an adequate landscape buffer. H. The applicant has submitted an affidavit 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. 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 5, 2005 BOOK 30 PAGE 468 B. No County regulated conservation or historic resources have been identified on site, however, County property purchased for the conservation of water quality adjoins the site on the north and east. Chairman Greer asked if the Petitioner would like to speak on the request. Gary C. Pennington, attorney on behalf of Verizon Wireless, presented the proposed project and reported that forty proposed sites have been identified in New Hanover County to provide wireless coverage; thirty-eight ofthose sites will be co-locations on existing facilities; one site was approved by the Board at their meeting last month making this the last location required. He entered into the record the Special Use Permit Application of Cellco Partnership C/B/A Verizon Wireless to construct a new Wireless Telecommunications Facility - Middle Sound Site notebook and a letter written by William McKenzie, State Certified General Real Estate Appraiser, stating that the construction and operation of the proposed tower will not substantially injure the value of adjoining or abutting properties. In closing, Mr. Pennington requested the Board grant the Special Use Permit reporting that: . Other properties and co-location were considered. . In order to lessen the visual impact the height was reduced to 135'. . The proposed communication tower will not affect historic properties in the area. . The proposed project meets the findings of facts as presented. . Property values will not be negatively impacted. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Hearing no one, Chairman Greer closed the Public Hearing and requested direction from the Board on the request for a special use permit. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to grant a Special Use Permit to Cellco Partnership d/b/a Verizon Wireless locate a telecommunications facility in a R - 20 Residential District located at 1219 Middle Sound Loop 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 condition that any antennae located on the tower be flush-mounted and gray in color. 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 40.1. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS & RAVENEL ON BEHALF OF TODD PROPERTIES FOR A SPECIAL USE PERMIT TO LOCATE A MULTI-FAMILY RESIDENTIAL DEVELOPMENT AT 2200 NORTH COLLEGE ROAD (S-539, 11/05) 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 Michael Rokoski Planning Director Hayes reported that Withers & Ravenel, on behalf of Todd Properties, is requesting a special use permit to locate a high-density 204 multi-family residential development located at 2200 North College Road. At the November 3, 2005 Planning Board meeting, several people from the adjacent neighborhood spoke against the project and the increased traffic and congestion that would be created at the Murrayville Road intersection. The applicant agreed to reduce the number of units from 252 to 204 and the Planning Board voted unanimously to recommend approval. Additional modifications may also be necessary to reflect recently adopted changes to the Thoroughfare Plan. Staff recommends approval. 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 where proposed and developed according to the plan as submitted and approved. A. Water and sewer service is currently available to the project. B. The subject property is not located within a 100-year flood area. C. Access to the facility will be from North College Road a major arterial and Murrayville Road. D. Fire Service is available from the Castle Hayne VFD. E. Turning lanes and signal improvements as required by the TIA will be completed in accordance with NCDOT. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 5, 2005 BOOK 30 PAGE 469 A. The property is zoned R-lO Residential. Special Use Permits in residential zoning districts in accordance with certain performance criteria permits High Density Residential developments. B. The 204 units proposed are less than the maximum 348 units allowed. C. Parking, building height and impervious coverage satisfy County requirements. D. Wetlands and COD areas have been preserved. E. Buffer yards and setbacks have been shown on the 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. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of 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 Urban Transition, which allows for higher density development. B. The property adjoins a commercial center, 1-40 and a R-lO residential development. Commissioner Davis confirmed with Planning Director Hayes that the request was consistent with the Land Use Plan and that the infrastructure could support the increase in traffic. Chairman Greer asked if the applicant would like to speak on behalf of the request. Cindee Wolf, representing Withers & Ravenel, on behalf of Todd Properties, stated that they agree with staff s recommendations including limiting the multi-family residential units to 204 and with the findings offacts as presented. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Hearing no one, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Special UsePermittolocate a high-density 204 multi-family residential development at 2200 North College 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. 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 40.2. PUBLIC HEARING TO CONSIDER A REQUEST BY BILTMARK DEVELOPERS TO REZONE APPROXIMATELY 36.98 ACRES OF PROPERTY LOCATED AT 4403 NORTH COLLEGE ROAD FROM 1- 1 LIGHT INDUSTRIAL TO R-I0 RESIDENTIAL AND TO CONSIDER A SPECIAL USE PERMIT TO LOCATE A HIGH DENSITY APARTMENT COMPLEX AT 4403 NORTH COLLEGE ROAD (Z-81O,09/05 & S-534,09/05) 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 Tim Fuller Tim Burnett Richard Collier Planning Director Hayes reported that Biltmark Developers are requesting to rezone approximately 36.98 acres of property located at 4403 North College Road from I-I Light Industrial to R-lO Residential and to consider a Special Use Permit to locate a high density 432 unit apartment complex. The property was rezoned to I-I in December and since then has been vacant. Adjacent and north of the site is the 1-140 Wilmington Bypass scheduled to open in the next few months. To the south is the N orthChase development that is zoned PD and contains a mixture of light industrial land uses along with several commercial/retail type uses. Located nearby and to the east of the site is the new Cape Fear Community College north campus. Growth in this area has been fueled by public water and sewer and the anticipated opening of the 1-140 Bypass. The 1999 Land Use Plan identifies this area as Urban Transition, which provides for intensive urban development. The Planning Board recommended approval ofthe rezoning petition and special use permit by a vote of6- o with the following conditions: 1) boat and/or camper storage should be located away from view; 2) landscaping and tree planting along the 3000' of frontage along the bypass and ramps to visually screen the project and any site improvements from those highways; 3) eliminate the billboard sign; and 4) retain adequate setbacks and buffering on site NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 5, 2005 BOOK 30 PAGE 470 from existing Commercial & Industrial uses in NorthChase to accommodate the PD District. approval including the NCDOT right of way. Staff recommends 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 where proposed and developed according to the plan as submitted and approved. A. Water and sewer service is currently available to the project. B. The subject property is not located within a 100-year flood area. C. Access to the facility will be North College Road, a major arterial, and NorthChase Parkway to a signalized intersection. D. Fire service is available from the Wrightsboro VFD. E. Turning lanes and signal improvements as required by the TIA will be completed at the NorthChase Parkway site access in accordance with NCDOT. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-lO Residential. Special Use Permits in residential zoning districts in accordance with certain performance criteria permits High Density Residential developments. B. The 432 units proposed are less than the maximum 628 units allowed. C. Parking, building height and impervious coverage satisfy County requirements. D. Wetlands areas have been preserved. E. Buffer yards and setbacks have been shown on the 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. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of 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 Urban Transition, which allows for higher density development. B. The property adjoins the Commercial and Industrial part ofthe NorthChase Planned Development and the interchange at 1-140 and 1-40. Commissioner Davis confirmed with Planning Director Hayes that the request was consistent with the Land Use Plan and that with recent improvements Staff feels that the infrastructure could support the increase in traffic. Commissioner Kopp confirmed with Planning Director Hayes that the developer pays for road improvements and that the storm water problems will not be exacerbated by the proposed project. Chairman Greer asked if the applicant would like to speak on behalf of the request. Tim Fuller, representing Biltmark Developers, presented the proposed project and stated that he agrees with the Planning Board conditions and the findings of facts as presented. Tim Burnett, Bessemer Improvement Company, read a letter into the record requesting the Board to adopt the recommendation of the Planning Board requiring all increased buffering and setback provisions to be absorbed on the rezoned property. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Hearing no one, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to rezone approximately 36.98 acres of property located at 4403 North College Road including the NCDOT right of way from I-I Light Industrial to R-lO Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 59. Motion: Commissioner Kopp MO VED, SECONDED by Vice-Chairman Caster, to grant a Special Use Permit to locate a high density 432 unit apartment complex located at 4403 North College 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 with the following conditions: 1) boat and/or camper storage should be located NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 5, 2005 BOOK 30 PAGE 471 away from view; 2) landscaping and tree planting along the 3000' of frontage along the bypass and ramps to visually screen the project and any site improvements from those highways; 3) eliminate the billboard sign; and 4) retain adequate setbacks and buffering on site from existing Commercial & Industrial uses in NorthChase to accommodate the PD District. 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 40.3. PUBLIC HEARING TO CONSIDER THE REQUEST BY RED WING AEROBATICS, INC. AND GREENHOUSE PROPERTIES, LLC. TO REZONE APPROXIMATELY 1.84 ACRES OF PROPERTY LOCATED AT 908 AND 916 PILOTS RIDGE ROAD FROM B-2/0&I TO R-15 RESIDENTIAL (Z-819, 11/05) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make the staff presentation. Planning Director Hayes reported that Red Wing Aerobatics, Inc. and Greenhouse Properties, LLC are requesting to rezone two tracts of land totaling approximately 1.84 acres located at 908 and 916 Pilots Ridge Road from B-2/0&I to R-15 Residential. The request involves consolidating two different zoning districts (B-2 & 0&1) into the adjoining R-15 Residential District. The B-2 Highway Business District classification on the subj ect properties is a part of the original April 1971 zoning that extended south 2200 feet from the southern right of way of Golden Road parallel to Carolina Beach Road to a depth of300 feet. There have been some revisions to the original zoning in the area to accommodate the Food Lion Shopping Center and to add additional B-2 zoning on the east side of Carolina Beach Road. In 1998, there was a petition to rezone the existing B-2 District on the northern corner of the Pilots Ridge Road intersection which ultimately was rezoned to 0&1 Office and Institution. This 0&1 District is now owned by the New Hanover County Board of Education. Both tracts of property have remained vacant as B- 2 and 0&1 Districts. Recent litigation over the Restrictive Covenants on the property has confirmed the limitation for residential uses only. Staff recommends approval including the adjacent property owned by the Pilots Ridge HOA. On November 3, 2005, the Planning Board recommended approval of the request by a vote of6-0 including the property owned by the Pilots Ridge HOA. No one present at the meeting spoke in opposition. Commissioner Davis confirmed with Planning Director Hayes that the request was consistent with the Land Use Plan and the Pilots Ridge HOA was in agreement with the rezoning request. Chairman Greer asked if the applicant would like to speak on behalf of the request. Hearing no one, Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Hearing no one, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to rezone approximately 1.84 acres of property located at 908 and 916 Pilots Ridge Road from B-2/0&I to R-15 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 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 68. BREAK Chairman Greer called for a break from 7:00 p.rn. until 7:18 p.rn. PUBLIC HEARING TO CONSIDER THE REQUEST BY ATLANTIS HOLDINGS TO REZONE APPROXIMATELY 24.16 ACRES OF PROPERTY LOCATED AT 4649 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL AND CD (B-1) NEIGHBORHOOD BUSINESS TO CD (B-2) HIGHWAY BUSINESS AND MIXED USE (Z-821, 11/05) 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 Shanklin Grayson Powell Matthew DiGioia John Davenport Howard Capps Matthew Nichols John Bauerlein Mike Rokoski William McKenzie Larry Sneeden Robert Neely Dennis Chinn NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 5, 2005 BOOK 30 PAGE 472 Maureen Chinn David F ex Erik Graf Planning Director Hayes reported that Atlantis Holdings is requesting to rezone approximately 24.16 acres of property located at 4649 Carolina Beach Road from R-15 Residential & CD (B-1) Neighborhood Business to CD (B-2) Highway Business & mixed use. The petitioner is requesting a revision and expansion for an existing Conditional Use B-1 Neighborhood Business District. The basis for the revision from CD (B-1) to CD (B-2) is the acquisition of adjacent property to the north and some minor changes to the approved list of uses. In addition to the change of zoning district classification, the petitioner is asking to expand the commercial portion of his project by approximately 11.4 acres for a total of approximately 24.16 acres. The majority ofthe proposed uses are still within the neighborhood B-1 Classification except for a movie theater, hotels and residential. The property is located at an existing controlled intersection on the northeast side of Carolina Beach Road across from Silva Terra Drive south of St. Andrews Drive. It is approximately 1.2 miles from the commercial node at Monkey Junction. As part of the original approval the applicant is developing plans to improve the signalized intersection to accommodate expected traffic and plans to finalize the road connection to St. Andrews Drive have been completed. The conditional use site plan is presented and designed in the context of a larger development that would incorporate a variety of housing types. The road configurations within the project create a desirable connection between Carolina Beach Road and South College Road that interconnects this project with the Johnson Farm Development. The project will also serve the existing communities in Silva Terra as well as several apartment complexes and multi-family developments along St. Andrews Drive. The applicant has worked with NCDOT to develop suitable standards to incorporate traffic circles as calming devices to discourage high speed cut through traffic on Pine Hollow Drive and the plan shows sidewalks and street landscaping to encourage pedestrian access from nearby neighborhoods. The subject property is located in the Developed Land Classification and is within the urban services boundary. Policies in the Comprehensive Plan promote development in these areas. Other policies in the plan support locating commercial services in close proximity to the markets they serve and support mixed use development in undeveloped areas to reduce dependency on automobiles, while preserving valuable natural resources including open space. The Comprehensive Plan also supports providing street connectivity to reduce impacts of traffic on major thoroughfares. The proposed project accomplishes the Comprehensive Plan objectives and provides desirable traffic improvements to the area. At the November 3, 2005 Planning Board meeting one neighbor spoke about some existing traffic issues on an adjacent street. The Planning Board unanimously recommended approval including the parcels in the appendage to the north. Staff recommends approval. If the proposed revisions are approved an addendum will be prepared to amend the findings of fact for the signed Special Use Permit Order. Chairman Greer confirmed with Ken Shanklin, attorney on behalf of Atlantis Holdings, that he understood that if the Board denied the request there was a one-year time period before it could be brought before the Board and that at any time before the vote he could withdraw the request. Mr. Shanklin responded that he did understand that if the request is denied there is a one-year waiting period before re-submittal. Chairman Greer asked Mr. Shanklin if he would like to speak on behalf of the request. Mr. Shanklin presented the proposed project stating that: . It is a mixed-use project. . Improvements have been made to the 2004 site plan that include direct access to St. Andrews Drive; the addition of a 55,000 square feet residential component and a small town center theme with plaza. . He stated that staff has met with neighbors to share the proposed project and address their concerns. The initial meeting with neighbors was held on November 1,2005 with a second meeting on November 28,2005 along with telephone calls with neighbors. . They have removed from the proposed project the movie theatre and hotel. In order to add those items to the proposed project the Board would have to approve thern. . The objective of the developer is to provide much needed goods and services for the area: o 7,000 residents within one square mile with no goods and services o Roundabout to calm traffic speed o Sidewalks to make the area pedestrian friendly o Parking behind buildings for more pleasing aesthetics from Carolina Beach Road. In summary, Mr. Shanklin stated their commitment is to build a first class project to provide goods and services for residents while adhering to the Comprehensive Plan. William McKenzie, on behalf of Atlantis Holdings, stated that he is a State Certified General Real Estate Appraiser, and the conclusion of his study is that in his opinion the rezoning of this site will not substantially injure the value of adjoining or abutting property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 5, 2005 BOOK 30 PAGE 473 Matthew Nichols, on behalf of Atlantis Holdings stated that they held two neighborhood meetings with neighbors trying to address their concerns. Howard Capps, on behalf of Atlantis Holdings, stated that they were willing to work with neighbors on the Pine Hollow Drive speeding problems but that the Homeowners Association was never set up for the road to be turned over to the homeowners and therefore cannot be turned over to NCDOT. Once that has been done NCDOT has said they could then work with property owners concerning the speeding problern. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Dennis Chinn, homeowner on Pine Hollow Drive, stated his concerns on safety issues and the changes in the proposed proj ect. David Fex, homeowner on Pine Hollow Drive, stated his concerns of the size of the proposed project and the proposed uses. Chairman Greer asked the applicant for rebuttal comments. Mr. Shanklin reported that they have tried to address the neighbors' concerns and have agreed to changes in the proposed project to eliminate the movie theatre and hotel. Mr. Nichols referenced a letter by Wilmington City Manager Sterling Cheatham to Jay Orlander stating that the City of Wilmington acknowledges that the St. Andrews Drive connection has significant and measurable public benefit to the residents ofthe City of Wilmington and encouraged his participation with the City in facilitating this action by Mr. DiGioia. John Bauerlein, on behalf of Atlantis Properties, presented a traffic model stating that due to the St. Andrews Drive connection there would not be additional traffic on Pine Hollow Drive. Mr. Chinn stated that he did not feel that the developers were presenting the proj ect truthfully and requested the Board to deny the request. He asked residents of Pine Hollow Drive to stand and give their names. Planning Director Hayes stated that the residents of Pine Hollow Drive do not own Pine Hollow Drive but it is a private road owned by the developer but the public has the right of way. Mr. Fex stated that his concern was the size of the proposed project and the proposed uses and requested the Board deny the request. Mr. Shanklin stated that the developers would be willing to accept a rezoning of B-1 instead of B-2 because the movie theatre and hotel had been eliminated. Chairman Greer asked Mr. Shanklin ifhe would like to withdraw the proposed project understanding that ifthe Board denied the request it would be a year before it could be brought back to the Board. Mr. Shanklin stated that they did not wish to withdraw the proposed project and that he understood that if the Board denied the request it would be a year before it could be brought back to the Board. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Chairman Greer MOVED, SECONDED by Commissioner Kopp, to rezone approximately 24.16 acres of property located at 4649 Carolina Beach Road including the parcels in the appendage to the north from R-15 Residential & CD (B-1) Neighborhood Business to CD (B-1) Highway Business & mixed use. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAPS OF AREA 9B (ADOPTED APRIL 1, 1972) AND AREA 4 (ADOPTED OCTOBER 15,1969) OF NEW HANOVER COUNTY, NORTH CAROLINA, are hereby incorporated as a part of the minutes and are contained in Zoning Book I, Section 4, Page 69 and Zoning Book II, Section 9B, Page 91. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to grant an expansion to the existing Conditional Use B-1 Neighborhood Business District 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 ofthe 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 40.4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 5, 2005 BOOK 30 PAGE 474 BREAK: Chairman Greer called for a break from 8:45 p.rn. until 9:00 p.rn. CONSIDERATION OF ANNUAL REVIEW AND APPROVAL OF PUBLIC OFFICIAL BONDS Chairman Greer reported that the Board is required annually to review public official bonds in December for the Finance Officer, Clerk of Court, Sheriff, Register of Deeds, T ax Collector and ABC Board members handling funds and to set the amount of the Sheriff's bond. Chairman Greer read the bond resolution into the record to approve the Surety Bond for the Finance Officer, Clerk of Court, Sheriff, Register of Deeds, and Tax Collector and pursuant to Section 162-8 of the North Carolina General Statutes to set the Sheriff's Bond in the total amount of twenty- five thousand dollars and requested a motion to adopt the resolution. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution to approve the Surety Bond for the Finance Officer, Clerk of Court, Sheriff, Register of Deeds, and Tax Collector and pursuant to Section 162-8 of the North Carolina General Statutes to set the Sheriff's Bond in the total amount of twenty-five thousand dollars. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer read the resolution into the record to exempt the bond requirement of said Section l8B-700 for any member ofthe New Hanover County ABC Board who does not handle Board funds, including but not limited to the Chairman of the New Hanover County ABC Board, and called for a motion to adopt the resolution. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution exempting the bond requirement of said Section l8B-700 for any member of the New Hanover County ABC Board who does not handle Board funds, including but not limited to the Chairman ofthe New Hanover County ABC Board. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIX, Page 33.1. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 9:01 p.rn. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 9:04 p.rn. 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. Randy Crowe stated his concern that the State is in the process of requiring counties to purchase new voting equipment. He requested the Board not purchase any new machines stating that the County's current machines are adequate and that a paper ballot is a necessity. Donald Sullivan stated his concern about the number of illegal aliens in the County and requested the Board direct Sheriff's deputies to put an emphasis on work site enforcement and arrest business owners who are hiring the illegal aliens. ADDITIONAL ITEMS Item Presented by Commissioner Kopp Commissioner Kopp announced that it was his one-year anniversary on the Board and thanked Staff and his fellow Commissioners for their assistance. He thanked the Board for entrusting him with the Chairmanship of the Water and Sewer District and stated that he would do his best to keep them updated and advised. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported that he attended the following meetings and events: Final TDA meeting of the year reporting that room occupancy tax funding continues to do well, Leadership Team meeting concerning the Convention Center and the CAMA Land Use Plan meeting with hopes to send the Plan to the City and County Planning Boards in January and to the City Council and County Board in February. Vice-Chairman Caster reported that there is an upcoming Water & Sewer consolidation meeting with a trip being planned to Roanoke Virginia, to assess their consolidation and there is a Port, Waterway and Beach Commission meeting next week. Vice-Chairman Caster reported that Rick Catlin has been working on a resolution for discussion by the Board addressing the impact of roadway capacity on development and requested he make the presentation. Rick Catlin stated that he is working with residents to address traffic concerns by amending County ordinances and closing loopholes. He presented the resolution requesting the Board to amend policies and ordinances for significant traffic impact projects that are determined to add to or create an over-capacity roadway system, and to grant the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 5, 2005 BOOK 30 PAGE 475 the authority to deny or allow permits on such projects. Vice-Chairman Caster stated that perhaps the Board should direct the Planning Staff to prepare the necessary ordinances for review by the Planning Board which would include a public hearing. Chairman Greer stated that he would like Staff to consider all the issues pertaining to growth and not limit it only to traffic. After discussion the consensus of the Board was to direct the Planning Staff to work with the Planning Board to study the issues concerning growth and bring recommendations back to the Board at their March meeting. Rick Catlin reported that at the next meeting of the Port, Waterway and Beach Commission they would be considering requesting the Board to allocate $1.15 million out of the room occupancy tax for the renourishment of Wrightsville Beach. Items Presented by Commissioner Pritchett Commissioner Pritchett congratulated Sheriff Causey for the very positive inspection report that the NHC jail has received. Commissioner Pritchett reported that she attended the following meetings and events: Chamber of Commerce infrastructure meeting where the City of Wilmington presented their plans for future water service, Partnership for Children retreat, Day Treatment Center open house, the Murrayville School dedication ceremony, the Wrightsboro Volunteer Fire Department reception honoring two volunteers who have contributed more than fifty years each to provide fire protection and the senior class project presentation by Laney High School student, Graham Hunter, on the history of the desegregation of the schools. CLOSED SESSION Chairman Greer announced that a Closed Session pursuant to N.C.G.S. 143-318.11 (a)(3) is needed to consult with the County Attorney regarding a matter of potential litigation. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to convene to Closed Session, pursuant to N.C. G.S. 143-318.11 (a)(3), to consult with the County Attorney regarding a matter of potential litigation. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Chairman Greer convened to Closed Session at 9:40 p.rn. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 10:50 p.rn. and announced that the Board has received consultation from the County Attorney on a matter of potential litigation. ADJOURNMENT REGULAR MEETING RECESSED UNTIL DECEMBER 7, 2005 There being no further business, Chairman Greer recessed the regular meeting of December 5, 2005, to be continued on December 7,2005, at 10:00 a.rn. in Room 501 of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Chairman Greer recessed the meeting at 10:50 p.rn. Respectfully submitted, Sheila 1. Schult Clerk to the Board