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2006-06-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 602 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 5, 2006, 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, Jr.; Commissioner William A. Kopp, Jf.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell; 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 Pastor Steve Jessen, Associate Pastor of Myrtle Grove Evangelical Presbyterian Church, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer 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 Budget Work session held on May 11,2006, the Regular meeting held on May 15, 2006 and the Closed Session meeting held on May 15, 2006, as presented by the Clerk to the Board. Authorization to Submit a Grant Application to the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention - Gang Task Force The Commissioners authorized the Gang Task Force to submit a grant application to the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention in the amount of $170,000 per year for two years. If awarded, the funds will be used for scientific research and evaluation studies to further the mission of reducing juvenile crime. UNCW has agreed to cooperate on the grant; no County match is required. Reappointment of Commissioner William A. Kopp, Jr. to the Southeastern Economic Development Commission Board of Directors The Commissioners reappointed Commissioner William A. Kopp, Jr. to the Southeastern Economic Development Commission Board of Directors. The term will expire on April 30, 2010. Ratification of Grant Application to the Department of Homeland Security Grant Funds and Approval of the Associated Budget Amendment - Emergency Management The Commissioners ratified the grant application that the Emergency Management Department submitted to the Department of Homeland Security to apply for additional grant funds in the amount of $7,208 and approved the associated budget amendment #06-0213. If awarded, the funds will be used to support the County's Community Emergency Response Team. No matching funds are required. Budget Amendment # 06-0213 - Emergency Management Adjustment Debit Credit Citizens Corp Grant Departmental Supplies $7,208 $7,208 Explanation: To increase budget for an amendment to the original CERT Grant. The amendment increases the grant by $7,208; new grant amount is $16,708. Ratification of Amended FY 2005-2006 HUD Grant Agreement Funds and Approval of the Associated Budget Amendment - Human Relations The Commissioners ratified the amended grant agreement from HUD in the amount of $17,900 and approved the associated budget amendment #06-0205. The funds will be used to cover the cost of required attendance at the National Fair Housing Training Academy and the 2006 National Fair Housing Policy Conference. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 603 Budget Amendment # 06-0205 - Human Relations Adiustment Debit Credit HUD Grant Travel and Training $17,900 $17,900 Explanation: To increase budget for HUD Grant awarded to fund attendance at the National Fair Housing Training Academy and the 2006 National Fair Housing Policy Conference. Approval of Budget Amendments The Commissioners approved the following budget amendments: Budget Amendment # 06-0204 - Health Department Adiustment Debit Credit Community Health: CFMF Living Well Grant Supplies Employee Reimbursement Printing Contracted Services $12,000 $ 950 $ 250 $6)00 $4,500 Explanation: To budget Cape Fear Memorial Foundation grant funds awarded to support the Living Well program. Budget Amendment # 06-0206 - Social Services Department Adiustment Debit Credit Child Day Care: Partnership for Children Share the Care $17,090 $17,090 Explanation: To budget donated funds from the Partnership for Children/Smart Start to sustain childcare services for the remainder of the fiscal year. Budget Amendment # 2006-59 - Sheriff's Office Adiustment Debit Credit Federal Forfeited Property: Federal Forfeited Property Capital Project Expense $6,845 $6,845 Explanation: To budget additional funds received on April 26, 2006. REGULAR AGENDA ADOPTION OF PROCLAMATION DECLARING JUNE 2006 AS NATIONAL HOMEOWNERS HIP MONTH IN NEW HANOVER COUNTY Chairman Greer reported that Donna Girardot, Executive Officer, Wilmington-Cape Fear Home Builders Association has requested the Board adopt the proclamation declaring June 2006, as National Homeownership Month in New Hanover County. Commissioner Pritchett read the proclamation into the record and moved for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring June 2006, as National Homeownership Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 4.1. ADOPTION OF PROCLAMATION DECLARING JUNE 4-10, 2006 AS RIP CURRENT AWARENESS WEEK IN NEW HANOVER COUNTY Chairman Greer reported that Ron Steve, Meteorologist, National Weather Service Office, has requested the Board adopt the proclamation declaring June 4-10, 2006, as Rip Current Awareness Week in New Hanover County. Vice-Chairman Caster read the proclamation into the record and moved for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 604 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring June 4-10, 2006, as Rip Current 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 XXX, Page 4.2. PUBLIC HEARING ON THE FY 2006-2007 RECOMMENDED BUDGET Chairman Greer opened the Public Hearing and requested a representative of the New Hanover County School System begin their presentation. Budget Presentation for New Hanover County School System Dr. D. John Morris, Superintendent of Schools, introduced members of the Board of Education and Staff that were present and expressed appreciation to the Board for their support of the school system's needs. Finance Director, Mary Hazel Small, presented a summary of the school system's operating budget outlining projected enrollment growth, system-wide goals and increased operating costs. Board of Education Member, Edward Higgins, requested the Board continue funding the school system's needs to maintain the quality of life that is currently being enjoyed. Budget Presentation for Cape Fear Community College Dr. Eric McKeithan, President of Cape Fear Community College, expressed apprecIatIOn to the Commissioners for their support and outlined the future plans and needs of the college. He requested a budget increase of 5.2%, or approximately $296,000, to keep pace with the increasing cost of providing utilities, building maintenance and housekeeping services. These are services that Counties are required by statute to provide. Budget Presentation for Southeastern Center Art Constantini, on behalf of Southeastern Center, presented an update on the State's decrease in mental health funding, the level of services being offered and requested the Board increase funding due to balance the State's shift of funding requirements to the local governments. Budget Requests from Non-County Agencies and Public Comments The following persons requested funding from the Board: . Linda Pearce, on behalf of Elderhaus Inc., expressed appreciation to the Board and requested continued funding. . David Hurd, on behalf of Wilmington Railroad Museum, provided an overview of current projects and requested funding in the amount of $75,000. . Diane Woolley, on behalf of Lower Cape Fear Gang Task Force, reported on gang activity in New Hanover County and requested funding in the amount $156,725 to cover salary and benefit costs for Gang Counselor and a New Hanover County Case Manager and equipment expenses for computers and a printer. Contractor costs cover a UNCW Criminal Justice Department faculty member who will conduct the evaluation activities for the two year Office of Department of Justice and Delinquency Prevention grant. Office space is an in-kind expense and is part of the required match for this grant. . John Ranalli, on behalf of Juvenile Day Treatment Center, expressed appreciation to the Board for funding and reported on the gang activity that is being dealt with at the Center; requesting the Board increase funding for the Lower Cape Fear Gang Task Force. . Mary Ann Lama, on behalf of the Domestic Violence Shelter, expressed appreciation to the Board and requested continued funding. . Marcus Benson stated his concern about the Sheriff's Office budget expenditures and requested the Board review his documentation. . Barbara Kalm, on behalf of the Gang Task Force, stated that she is a parent concerned about gang activity and requested the Board increase funding for the Gang Task Force. . Tiffany Irving, on behalf of the Department of Justice and Delinquency Prevention, stated that she is in support of the Gang Task Force and is concerned about gang activity and requested the Board increase funding for the Gang Task Force. . Michael Green, on behalf of Good Shepherd Ministries, reported on the services they provide for the homeless and requested funding for their program. . Katie B. Hines, on behalf of the Senior Center, reported on the services they are providing and requested funding in the amount of $4,000. . Annie Anthony, on behalf of the Cape Fear Volunteer Center, reported on the services that they provide and requested funding. . Ann Tremblay, on behalf of the Cape Fear Volunteer Center, reported on the needs of their organization and requested the Board consider funding. . Steve Coggins, on behalf of the Cameron Art Museum, reported on their role in the community and requested the Board consider funding of their endowment. . Randolph Keaton, on behalf of the Wilmington Housing Authority, spoke on the needs in the community and requested additional funding of the Gang Task Force. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 605 . Elizabeth Grace, on behalf of Senior Tar Heel Legislator, requested funding in the amount of $2,000 for two delegates to attend three meetings in Raleigh. . Don Bennett, on behalf of the Rolling Thunder Chapter 3, reported on the veteran services that their organization supports and requested the Board consider funding to help defray the cost of construction of a memorial to veterans. . Amy Feath, on behalf of Coastal Horizons Center Inc., expressed appreciation to the Board for funding, outlined the services that they provide and requested the Board continue their funding. On behalf of the Board, Chairman Greer thanked the representatives for their organization's contributions to the community. BREAK Chairman Greer called for a break at 7:06 p.m. until 7:37 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY CASTLE HAYNE FARMS FOR A SPECIAL USE PERMIT TO LOCATE A SINGLE WIDE MOBILE HOME IN AN RA RURAL ARGRICULTURAL DISTRICT LOCATED AT 4415 CASTLE HAYNE ROAD (S-559, 05/06) 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: Dave Weaver Sam Burgess Chris O'Keefe Edwin van de Bovenkamp Planner Sam Burgess reported that Edwin van de Bovenkamp, on behalf of Castle Hayne Farms, is requesting a Special Use Permit to locate a single wide mobile home in an RA Rural Agricultural District located at 4415 Castle Hayne Road. The mobile home would be placed on a portion of a 91.28 acre tract. The following findings of facts were read into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Castle Hayne Fire District. B. An individual well and septic tank will serve the intended use. C. Access to the site is from a private driveway from Castle Hayne Road. D. Greenhouses and farmland are located nearby. E. The property is not located within the 100 year flood zone. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is located within an RA Rural Agricultural District. Single wide mobile homes are permitted by Special Use Permit in an RA District. B. Zoning setbacks for the single wide mobile home can be met on-site. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. According to the applicant, the proposed single wide mobile home is approximately 125 feet removed from the nearest single family home. B. No evidence has been submitted that the proposed use will decrease property values. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan and development of New Hanover County. A. The New Hanover County Comprehensive Plan classifies the site as Aquifer Resource Protection. The purpose of this class is to provide for the preservation and protection of important natural, historic, scenic wildlife, and recreational resources. Chairman Greer asked if the Petitioner would like to speak on the request. Edwin van de Bovenkamp, on behalf of Castle Hayne Farms, requested the Board approve the request to locate a single wide mobile home on the property to be used by an on-site manager and confirmed he agreed with the findings of facts as presented. 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: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to Edwin van de Bovenkamp on behalf of Castle Hayne Farms to locate a single wide mobile home in an RA NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 606 Agricultural District located at 4415 Castle Hayne Road based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 6.1. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL ON BEHALF OF GSSC PROPERTIES, LLC. TO REZONE APPROXIMATELY 2.46 ACRES OF PROPERTY FROM R-15 RESIDENTIAL DISTRICT AND 0& I OFFICE AND INSTITUTION TO CD (B-2) CONDITIONAL USE HIGHWAY BUSINESS DISTRICT LOCATED IN THE 4800 BLOCK OF CAROLINA BEACH ROAD (Z- 840,05/06) 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: Dave Weaver Sam Burgess Chris O'Keefe Cindee Wolf Debbie Wilson Vice-Chairman Caster reported that after the Planning Board meeting the Petitioner revised the project to request a different zoning. Planner Sam Burgess reported that Cindee Wolf, with Withers and Ravenel, on behalf of GSSC Properties LLC., presented to the Planning Board a request to rezone approximately 2.46 acres of property from R-15 Residential District and 0&1 Office and Institution to CD (B-2) Conditional Use Highway Business District located at 4832, 4836 and 4840 Carolina Beach Road. The subject property is located in the northwest corner of Horn Road and Carolina Beach Road and consists of three parcels of property. Two of the parcels of property were rezoned to 0&1 Office and Institution in July 2002. Road frontage along Carolina Beach Road is approximately 300 feet and approximately 280 feet along Horn Road. Residential land uses surround the north and west portions of the property. An existing B-2 High Business District is located across from the subject property to the south and east. At the Planning Board's meeting on May 4, 2006, they voted 3 to 2 to deny the Petitioner's request. Several nearby neighbors were present at the meeting and expressed concern over traffic and safety issues. Staff recommends the property remain 0&1 Office and Institution to provide a good transition between the residential land to the north and commercial property to the south. County policies also discourage the stripping out of major highways for commercial development. The following findings off acts were submitted in the written back-up: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove VFD. B. Public water and sanitary sewer will serve the site. C. The subject property is not located in a 100-year floodplain. D. Access to the site is from Carolina Beach Road and Horn Road. Both roads are public. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. A majority of the site is presently zoned 0&1 Office and Institutional Zoning District. B. Two (2) "flex" structures are proposed totaling 17,500 square feet. C. The site plan shall meet the requirements of the Zoning Ordinance for parking, buffer yards & setbacks. D. No conservation resources exist on site. E. Regulated trees shall be mitigated. 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. Residential property exists to the north and west of the proposed site. B. No evidence has been presented that the 17,500 square foot facilities use will decrease the value of adjoining properties. 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 2006 updated New Hanover County Comprehensive Plan classifies the site as Urban. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 607 B. Presently, the property is vacant. C. The present zoning for most of the property is 0&1 Office and Institution. Planner Burgess reported that after the Planning Board meeting, and subsequent decision to deny the request, the Petitioner has changed the zoning request from R-15 Residential to CD (0&1) Office and Institution. Chairman Greer asked if the Petitioner wished to speak on the request. The Petitioner, Cindee Wolf with Withers and Ravenel, reported that the request has been changed in response to the Planning Board's comments and neighbors concerns. The site plan remains the same, but the revised request is for the one parcel that is currently zoned R-15 Residential to be rezoned CD (0&1) Office & Institution. A conditional use is being requested for the other two parcels that are currently zoned 0&1 Office and Institution. The proposed project will act as a transition between the busy traffic corridor of Carolina Beach Road and the residential neighborhood on Horn Road. The proposed uses are logical and reasonable for a corner lot with businesses across both of the bordering streets. The conditional uses requested are: . Barber/beauty shop . Government offices . Offices for private business and professional activities . Neighborhood drug store . Banks, credit agencies, savings and loans . Business services including printing Ms. Wolf confirmed that they agree with the findings offacts submitted by Staff. Commissioner Davis confirmed with Planner Burgess that Staff recommends approval of the revised request. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. Debbie Wilson, on behalf of the residents of Horn Road, stated concerns over traffic and safety and requested the Board retain the residential zoning. The revised zoning to Conditional Use Office & Institution is preferred from the original rezoning request. Ms. Wilson stated that if the Board approves the revised request she has concerns about the location of the dumpster area and the buffer requirements along the residential portion. After brief discussion, Ms. Wolf reported that a 20 foot buffer is required, and that they would be willing to add a fence to the buffer along with relocating the dumpster area away from the residences. Commissioner Davis asked Ms. Wilson which zoning would be preferred by the Horn Road residents. Ms. Wilson responded that they would prefer the one property remain zoned residential but that the Conditional Use Office and Institution zoning was preferred to the original 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 Chairman Greer, to approve the request by Cindee Wolf with Withers and Ravenel, on behalf of GSSC Properties LLC, to rezone approximately 2.46 acres of property from R-15 Residential District and 0&1 Office and Institution to CD 0&1 Office and Institution located at 4832, 4836, and 4840 Carolina Beach Road. 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 76. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Special Use Permit to Cindee Wolf with Withers and Ravenel, on behalf of GSSC Properties LLC, to locate two office retail structures based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the following conditions: 1) relocation of the dumpster area away from the residences; and 2) fencing installed along the buffer line bordering the residences. 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 IV, Page 6.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 608 Chairman Greer announced that Item 5 - Public Hearing and Consideration of Revisions to the New Hanover County Code, Section Five: Animals and Fowl has been withdrawn. PUBLIC HEARING TO CONSIDER A REQUEST BY LADONNA SANSERVERO FOR A SPECIAL USE PERMIT TO EXPAND AN EXISTING DAY CARE FACILITY IN AN R-I0 RESIDENTIAL DISTRICT LOCATED AT 501 MANET ROAD (S-557, 05/06) 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: Dave Weaver Sam Burgess Chris O'Keefe LaDonna Sansevero Planner Sam Burgess reported that LaDonna Sansevero is requesting a Special Use permit to expand an existing day care facility from five to ten children in an R -10 Residential District located at 501 Manet Road. At their regular meeting on May 4, 2006, the Planning Board voted 5 to 0 to recommend approval with the condition that parking and circulation needs to be shown on the site plan. The Petitioner has met the concerns with parking and circulation. No one was present at the meeting in opposition. The following findings of facts were presented: 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. County water and sewer serve the property. B. The property accesses Carolina Beach Road, an identified arterial, by Antoinette Drive, an identified collector. C. Fire Service is available from the Myrtle Grove Fire Department. D. The property is located near an identified AE floodway for Mott's Creek. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R -10 Residential. B. Off-street parking requirements are not met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. Employee parking exists, but not a designated area for drop-off and pick-up of children. C. The entire play area is in an enclosed fence with a minimum height of four feet. D. The applicant states the day care is licensed by the State of North Carolina. E. No outside on-premises signs currently exist. 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 2006 Land Use Plan Update identifies this area as Urban and Conservation. B. Policies in the Comprehensive Plan support providing additional services for the special needs population, the elderly as well as for children. Chairman Greer asked if the Petitioner would like to speak on the request. The Petitioner, LaDonna Sanservero, confirmed she agreed with the findings of facts as presented and requested the Board approve the request. 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 Kopp MOVED, SECONDED by Vice-Chairman Caster, to grant a Special Use Permit to LaDonna Sansevero to expand an existing day care facility from five to ten children in an R-1O Residential District located at 501 Manet Road based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 609 County with the condition that the site plan parking and circulation pattern is constructed as recommended by Staff. 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 IV, Page 6.3. PUBLIC HEARING TO CONSIDER A REQUEST BY SECOF CONSTRUCTION ON BEHALF OF BRAD DUNKER AND SHARON WALKER FOR A SPECIAL USE PERMIT TO LOCATE A CHILD DAY CARE FACILITY IN AN R-15 RESIDENTIAL DISTRICT LOCATED AT 547 SANDERS ROAD (S-558, 05/06) 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: Dave Weaver Sam Burgess Chris O'Keefe Shawn Burch Greg Reynolds Roy Chamberlain Sid Bowman Katie Canty George Stanley Rehder Planner Sam Burgess reported that Secof Construction, on behalf of Brad Dunker and Sharon Walker, is requesting a Special Use Permit to locate a 204 child day care facility in an R -15 Residential District Located at 547 Sanders Road. Sanders Road is the primary access for the facility proposal. Several commercial projects have recently been approved on the northeast and southeast side of Sanders Road and Carolina Beach Road. The balance of the zoning is residential including a large 654 unit project adjacent to the subject property and an elementary school is located across from the subject property. At the Planning Board's regular meeting on May 4,2006, they voted 5 to 0 to recommend approval. One adjoining neighbor opposed the request based on traffic concerns, potential land erosion, and the proximity of the facility near her home. The following findings of facts were presented: 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. County water and sewer will serve the property. B. The property accesses Carolina Beach Road, an identified arterial, by Sanders Road, an identified collector. C. Fire Service is available from the Myrtle Grove Fire Department. D. The property is not located in a flood hazard area. E. NCDOT traffic engineering department did not require a Traffic Impact Analysis. F. Parents may be able to combine trips with the elementary school. G. The development center contains 9,600 square feet and will house a total of 204 children. H. A gym consisting of 2,400 square feet is also planned. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R -15 Residential. B. Off-street parking requirements are met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. Forty-one spaces are displayed on the plan. C. The entire play area is in an enclosed fence with a minimum height of four feet. D. The applicant states the day care will be licensed by the State of North Carolina. E. Section 72-20 states that the sign dimension limits, if located on a collector or arterial, can only have maximum size of 12 square feet (i.e. 3 X 4). F. The site plan does not meet the requirements of Section 67-10 street yards. No street yard is on the site plan. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. 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 2006 Land Use Plan Update identifies this area as Urban. B. Policies in the Comprehensive Plan support providing additional servIces for the special needs population, the elderly as well as for children. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 610 C. Bellamy Elementary School is located across from the proposed site. Staff recommends that the traffic circulation plans be approved by NCDOT. Chairman Greer asked Planner Burgess why NCDOT did not require a Traffic Impact Analysis. Planner Burgess reported that 100 peak hour trips in either the morning or afternoon trigger the need for a Traffic Impact Analysis and apparently NCDOT did not feel that there was a need for one. Chairman Greer questioned why a 204 child day care would not have triggered the 100 peak hour trip rule requiring a Traffic Impact Analysis. Commissioner Pritchett confirmed with Planner Burgess that the day care planned on serving 90 after school students in addition to the 204 day care children to bring the total number of children to over 300. Chairman Greer asked if the Petitioner would like to speak on the request. Sam Burch, representing Secof Construction, presented an overview of the proposed project reporting that NCDOT did not require a traffic impact analysis but a site plan has been sent for recommendations and approval in regarding driveway permits. Additional shrubs and fencing will be installed beyond what is required and hiking and nature areas have been included. The center has been designed to operate as a seven star center which is the highest rating for this type offacility in North Carolina. Operating hours will be 6 a.m. to 6 p.m. with no regulatory evening or weekend activities. The center will increase property values and is considered beneficial. The location across from Bellamy Elementary School will allow parents to drop children off at preschool and elementary school at the same time. The after school students will be bused over to the center. The NHC Comprehensive Plan supports providing additional services for children stating that it greatly improves the future growth of the County. Greg Reynolds, representing Reynolds Architecture, declined to speak stating that Mr. Burch had covered everything. Roy Chamberlain, representing Secof Construction, declined to speak stating that he had nothing to add. Chairman Greer asked if anyone from the public wished to speak in opposition to the request. George Stanley Rehder, a national and international expert on Venus Fly Trap plants, stated that he is representing the adjacent neighbor, Mary Canty. He reported that the plants are threatened and he believes that they are located on the project site. He reported that he has called the Petitioner requesting permission to go on the site and examine it for the plants but has not yet received a return phone call. If the plants are located there, State law mandates that they cannot be destroyed, but the person who owns the property can transplant them. Sid Bowman, on behalf of Saltaire Village Homeowners Association, reported on the number of new projects currently under construction on Sanders Road. Approximately 900 to 1,000 new homes are approved with access on Sanders Road. Sanders Road is a two lane road with no left turn lanes and only 9/10 of a mile long. Bellamy Elementary School has approximately 500 students and traffic safety is a major concern with the proposed 204 child day care across the road from the elementary school. Traffic from River Road merges onto Sanders Road at speeds 55 miles per hour and greater. No traffic impact study has been done even though the 204 child day care would generate more than 100 peak hour trips. There are thirteen commercial child day care centers in the surrounding area referencing data from the Greater Wilmington Chamber of Commerce website stating that much of the areas growth is due to working age adults and retirees and the median household size is decreasing as the age of the population is increasing. Mr. Bowman requested the Board retain the residential zoning to be in harmony with the surrounding area and concerns of endangering the public safety due to traffic impact. Katie Canty, resident of 543 Sanders Road, stated that she has lived at this address for over thirty years and is opposed to the proposed project due to traffic and safety concerns and the location of the dumpsters and a forty- one space parking lot adjacent to her home. A traffic study should have been completed due to the high volume of traffic and requested the Board keep the area residential. Chairman Greer asked if there were rebuttal comments. Mr. Burch reported that the dumpsters will be located as close to their buildings as possible and will not be seen from any adjacent properties. The parking lot is for employees only with a circular driveway for child drop-off and pick-ups with space for more than thirty cars. A fence along the Petitioner's property line is included in the buffer between the properties. All the trees along the buffer will remain along with additional buffering material. Mr. Rehder is welcome on the property to look for Venus Fly Trap plants and the Petitioner will take the initiative to relocate any plants found. There are many day cares in the area but all the day cares at this time are full with waiting lists. Commissioner Pritchett asked Mr. Burch if the ninety after school program children will be attending during the summer months. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 611 Mr. Burch responded that only the 204 children will be attending during the summer; five years old and under. Commissioner Pritchett stated that she does not understand why a NCDOT Traffic Impact Analysis was not done. Mr. Bowman confirmed with Commissioner Davis that the residents he is representing prefer the area remain residential due to the projects currently under construction accessing Sanders Road. Traffic safety is a major concern. Hearing no comments, Chairman Greer closed the Public Hearing. After discussion concerning traffic safety issues, the lack of a Traffic Impact Analysis and the possibility of requiring deceleration lanes, Chairman Greer asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to grant a Special Use Permit to Secof Construction, on behalf of Brad Dunker and Sharon Walker, to locate a 204 child day care facility in an R -15 Residential District Located at 547 Sanders Road based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the condition that the traffic circulation plans be approved by NCDOT with the following conditions: 1) the Petitioner must install deceleration lanes at the entrance of the project; and 2) any Venus Fly Trap plants located on the proposed site must be dealt with according to the proper procedures. Upon vote, the MOTION FAILED 3 TO 2. Chairman Greer, Commissioner Davis and Commissioner Pritchett voted in opposition. BREAK Chairman Greer called for a break at 9:20 p.m. until 9:36 p.m. PUBLIC HEARING TO CONSIDER TEXT AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE SECTION 50-5 TABLE OF PERMITTED USES TO ALLOW A BED AND BREAKFAST INN IN A R-15, R-20, R-20S, RA AND AR RESIDENTIAL DISTRICTS BY SPECIAL USE PERMIT(A-349, 05/06) Senior Planner Chris O'Keefe reported that Jussara Bastos is requesting to amend the New Hanover County Zoning Ordinance to allow a Bed & Breakfast Inn in a R-15, R-20, R-20S, RA and AR Residential Districts by Special Use Permit (A-349, 05/06) Currently Bed and Breakfast Inns are not a regulated use in New Hanover County. The Petitioner requests a text amendment to allow Bed and Breakfast Inns by Special Use Permit. The proposed text amendment can be accomplished by amending Section 50-5: Table of Permitted Uses in the Zoning Ordinance to include Bed and Breakfast Inns in the service section of the table with the Special Use Permit designation in the R-20S, R-20, R-15, AR or RA districts. The Planning Board voted 5 to 0 to recommend adoption of the text amendment. Staff recommends approval of the proposed text amendment based on review of ordinances from Counties and Cities in Southeastern North Carolina and along the eastern seaboard. The Special Use Permit procedure allows for review of specific proposals to address neighborhood concerns on individual applications. These concerns can be included in the conditions of the approval. Chairman Greer asked if anyone in the audience wished to speak on the request. Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Commissioner Pritchett recommended including the additional wording in Section 72-39 (1) to read a minimum of one off-street parking space per rental bedroom. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve the text amendments to Section 50-5: Table of Permitted Uses; Section 72: Additional Restrictions Imposed on Certain Special Uses; and Section 23: Definitions to allow Bed and Breakfast Inns by Special Use Permit in the R-20S, R-20, R-15, AR or RA districts of the New Hanover County Zoning Ordinance with the wording addition in Section 72-39 (1) A minimum of one off-street parking space per rental bedroom. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the amended sections of the New Hanover County Zoning Ordinance are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 4.3. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE TO REFLECT CHANGES IN THE REQUIREMENTS FOR ADMINISTERING FUTURE FLOOD CONDITIONS (A-350, 02/06) NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 612 Senior Planner Chris O'Keefe reported that the North Carolina Floodplain Mapping program has amended their model ordinance to include changes that counties must adopt in order to use the new Flood Insurance Rate Maps. The New Hanover County ordinance has been modified to follow the format of the State model ordinance. The new model takes into account "Future Conditions Flood Hazard Areas". Future Conditions Flood Hazard Areas were mapped as part of the statewide Flood Mapping Program. As part of the remapping effort, the State developed a computer model that utilizes zoning classifications to determine the amount of flooding which would occur if land was developed to the extent allowable. The model identified an area of approximately 55 acres that affects 183 property owners in unincorporated New Hanover County. All of the properties identified as "future conditions flood hazard areas" are in the Smith Creek Floodplain. The Flood Damage Prevention ordinance regulates these areas as if they were in "Special Flood Hazard Areas". Federally funded flood insurance is available for future condition flood hazard area property owners. Flood insurance is currently not required for these properties. The Planning Board voted 5 to 0 to recommend adoption of the proposed changes. Staff recommends approval of the amended Flood Damage Prevention Ordinance to incorporate Future Conditions Flood Hazard Areas. Chairman Greer asked if anyone from the public wished to speak on the request. Larry Croom, a resident on Murrayville Road, requested the Board approve the ordinance changes but stated that new development was causing water run-off issues on his property. He requested the Board review water issues in the County and be proactive in dealing with them. The Board requested Assistant County Manager Dave Weaver to bring back recommendations on dealing with the water issues that were mentioned. Terry Sevrence, representing Brookside Gardens, stated that only two homeowners were sent letters informing them of the changes and the Board meeting. When the County cleaned out Smith Creek they left debris on his property and he is concerned about continued flooding issues. Eighty nine homeowners are concerned that most of the eleven acres of wildlife area is now in a flood zone and the community north is in a flood zone. The Board directed Assistant County Manager Dave Weaver to check into the allegations. Kendall Brown declined to speak. Harold Weaver declined to speak. Kathy Ventarola stated that the letter she was sent by New Hanover County Staff was uninformative and she was unable to reach Staff for answers. Her property resale value has suffered with the new Flood Insurance Rate Maps. George Ann Crelin stated her concern that some of the houses in her neighborhood received letters and some didn't and questioned the criteria that FEMA uses in determining the new Flood Insurance Rate Maps. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the text amendment to the Flood Damage Prevention Ordinance to incorporate Future Conditions Flood Hazard Areas of the New Hanover County Zoning Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended section of the New Hanover County Zoning Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 4.4. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 10: 12 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 10:37 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. Donald Sullivan stated his concern about illegal aliens in the Country suggesting the Board develop ordinances to punish employers who hire illegal aliens. ADDITIONAL ITEMS NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 5, 2006 BOOK 30 PAGE 613 CONFIRMATION OF APPOINTMENTS TO THE CAPE FEAR WORKFORCE DEVELOPMENT BOARD Chairman Greer reported that the Board has been requested to confirm the appointments to the Cape Fear Workforce Development Board. The Cape Fear Workforce Development Board is appointed by the Cape Fear Workforce Development Consortium Board to provide policy guidance and program oversight for workforce development programs in the four counties. The Board is a group of volunteers representing local business and industry, educational agencies, community-based organizations, organized labor, rehabilitation agencies, economic development and the public employment service. The following persons are the New Hanover County nominees: Jose Vergara, Craig Umstead, Teresa Woods-Cox, Marjorie Taube, David McCune, Jr., Darryl Bruestle, Carl Byrd, Sr. and Macy McRae Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to confirm the New Hanover County appointments to the Cape Fear Workforce Development Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. SHERIFF'S OFFICE BUDGET UPDATE Sheriff Causey responded to information in the packet from Marcus Benson correcting figures and costs that were calculated inaccurately. ADJOURNMENT Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. There being no further business, Chairman Greer adjourned the meeting at 10:50 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board