2006-12-04 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 4, 2006 PAGE 712
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, December 4, 2006, at
5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC.
Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted
Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; 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
Reverend Patrick Hall, Pastor of the Cape Fear Free Will Baptist Church, gave the invocation.
Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
Chairman Greer requested a motion to approve the minutes of the Regular Meeting held on November 13, 2006,
as presented by the Clerk to the Board.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the minutes of the Regular
Meeting held on November 13, 2006, as presented by the Clerk to the Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW
HANOVER COUNTY WATER AND SEWER DISTRICT FOR APPROVAL OF THE MINUTES
Chairman Greer convened from Regular Session at 5:37 p.m. to hold a meeting of the New Hanover County
Water and Sewer District for approval of the minutes.
Chairman Greer reconvened to Regular Session at 5:38 p.m.
OATHS OF OFFICE ADMINISTERED
Commissioner Caster introduced his wife, Diane. Chief District Court Judge John J. Carroll administered the
Oath of Office to William A. Caster.
Commissioner Greer introduced his wife, Lou and granddaughter, Megan. Chief District Court Judge John J.
Carroll administered the Oath of Office to Robert G. Greer.
Commissioners Caster and Greer thanked the audience for allowing them to serve the County for another four
years as County Commissioners.
Copies of the Oaths of Office are hereby incorporated as a part of the minutes and are contained in Exhibit
Book XXX, Page 14.1.
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 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 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.
Chairman 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 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 Caster convened from Regular Session at 5:43 p.m. for the County Attorney to preside over the
election of a Chairman and Vice-Chairman for the Water and Sewer District Board of Commissioners.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 4, 2006 PAGE 713
Chairman Caster reconvened to Regular Session at 5:47 p.m.
BREAK
Chairman Caster called for a break from 5:47 p.m. until 5:53 p.m.
Public Hearing to
Chairman Caster reported that at the request of the Petitioner, Regular Agenda Item # 3.3
Consider the Request by SENCA Properties, LLC to Rezone Approximately 31.31 Acres of Property from R-15
Residential to CD (O&I) Conditional District and Approximately 18.47 Acres of Property from R-15 Residential to
CD (B-1) Conditional District Located in the 9000 Block of Market Street Request by
and Regular Agenda Item #4
David Ward Concerning the Validity of Original Special Use Permit
have been continued to the Board’s January 8,
2006 meeting.
After brief discussion concerning the number of times the Public Hearing request by David Ward concerning
the validity of original Special Use Permit has been withdrawn, the consensus of the Board is to hear the item at the
Board’s January 8, 2007 meeting and not allow the item to be withdrawn.
APPROVAL OF CONSENT AGENDA
Chairman Caster asked if any member of the Board would like to remove an item from the Consent Agenda.
Reconsideration of Ordinance Approving
Commissioner Pritchett requested that Consent Agenda Item #1
Naming a Section of Market Street to Old Market Street
be removed for discussion.
DISCUSSION ON RECONSIDERATION OF ORDINANCE APPROVING NAMING A SECTION OF
MARKET STREET TO OLD MARKET STREET
Commissioner Pritchett stated that she was concerned that reconsidering the Board’s decision to name a section
of Market Street to Old Market Street would be setting a dangerous precedent.
Assistant County Manager Andre’ Mallette reported that a solution has been reached with emergency service
personnel that no longer requires the renaming of that section of the road. A sign will be posted to identify the turn onto
the service road and those properties along that road will be identified in the County’s emergency system allowing
services to be provided without changing the residents’ addresses.
Chairman Caster requested a motion from the Board to rescind the ordinance approving naming a section of
Market Street to Old Market Street.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to rescind the ordinance approving
naming a section of Market Street to Old Market Street. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner
Pritchett voted in opposition.
A copy of the ordinance rescinding the road naming is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXX, Page 14.2.
Hearing no further comments, Chairman Caster called for a motion to approve the remaining items on the
Consent Agenda.
Motion
: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the remaining items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Acceptance of Work First Demonstration Grant Award and Approval of the Associated Budget Amendment -
Department of Social Services
The Commissioners accepted the Work First Demonstration grant award on behalf of the Department of Social
Services in the amount of $236,603 and approved the associated budget amendment #07-087. The funds will be used for
a Zone 1 Social Worker position that will serve as a job coach/locator for Work First clients. The first year's allocation
for this position is a total of $30,311, which includes fringe benefits; the position will be funded as long as the grant
money is received with anticipated allocations for at least two additional years. No County match is required.
Budget Amendment Number: 07-087
Department: Department of Social Services
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the
annual budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is
estimated to be available to meet this appropriation.
Expenditure Decrease Increase
Work First Demonstration Grant:
Salaries and Wages $ 23,297
Social Security Taxes $ 1,783
Retirement – Local Government $ 1,139
Long Term Disability $ 65
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 4, 2006 PAGE 714
Budget Amendment Number: 07-087 (Cont.)
Medical Insurance Expense $ 4,027
Contract Services $ 54,200
TANF Grant Child Daycare $130,092
Client Transportation $ 22,000
Revenue Decrease Increase
Work First Demonstration Grant:
Work First Demonstration Grant $236,603
Explanation: To accept new Work First Demonstration Grant entitled “Building on Strengths and Partnerships”
that will aid Work First participants. This Grant supports the hiring of a new Social Worker position.
Adoption of Resolution Approving and Verifying the Public Official Bonds
The Commissioners, pursuant to General Statute 58-72-20, adopted the resolution approving and verifying the
Surety Bond coverage for the Finance Officer, Sheriff, Register of Deeds and Tax Collector.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX
Page 14.3.
Approval of Budget Amendments
The Commissioners approved the following budget amendments:
Budget Amendment Number: 07-085
Department: Environmental Management - WASTEC
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the
annual budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the Environmental Management Fund, and that the
following revenue is estimated to be available to meet this appropriation.
Expenditure Decrease Increase
Environmental Management - WASTEC:
Capital Outlay Equipment $70,427
Revenue Decrease Increase
Environmental Management - WASTEC:
Miscellaneous Revenue $70,427
Explanation: Insurance payment received for the loss of SP-1200 CAT loader/tractor to a fire. Funds will be
put toward the purchase of a replacement loader/tractor.
Budget Amendment Number: 07-091
Department: Sheriff’s Office
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the
annual budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is
estimated to be available to meet this appropriation.
Expenditure Decrease Increase
Contingencies:
Contingencies $5,574
Sheriff’s Office:
Support Services:
Capital Outlay – Equipment $5,574
Explanation: To budget General Fund/Contingency Funds of $5,574 (one-half of the $11,148 cost) for a
wireless panic alarm security system to be installed in the County Courthouse. The Sheriff will pay one-half of the alarm
system's cost from Federally Forfeited Property funds. The wireless system includes twenty-two panic alarm buttons
located throughout the Courthouse for additional security and will tie into the current radio system used by the Deputies
assigned to the Courthouse.
REGULAR ITEMS OF BUSINESS
ADOPTION OF PROCLAMATION DECLARING DECEMBER 1-15, 2006 AS “STOCKING FOR SENIORS
DAYS” IN NEW HANOVER COUNTY
Chairman Caster reported that the Department of Aging, in partnership with Comfort Keepers, has requested
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 4, 2006 PAGE 715
“Stocking for Seniors Days”
that the Board proclaim December 1-15, 2006, as in New Hanover County.
Commissioner Pritchett read the proclamation into the record and requested a motion for adoption.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring
“Stocking for Seniors Days”
December 1-15, 2006, as 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 14.4.
PUBLIC HEARING TO CONSIDER THE REQUEST BY HOWARD CAPPS, ON BEHALF OF DIAKO
CONSTRUCTION, INC., TO MODIFY THE APPROVED SITE PLAN LOCATED AT 4601 GORDON ROAD
(Z-802, 07/05)
Chairman Caster opened the Public Hearing and announced that the Conditional 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:
Chris O’Keefe
Howard Capps
Bob Brantley
Planning Director Chris O’Keefe reported that Howard Capps, on behalf of Diako Construction, Inc., is
requesting to increase the size of the convenience center and to modify the layout of the approved site plan for a
Convenience Center and Boat Storage Facility located at 4601 Gordon Road. On October 3, 2005, the County approved
a conditional rezoning on the subject property. The approved uses were a 3,500 square foot convenience center with a
carwash and a 2,400 square foot boat house with surface boat storage. Since the time of approval, the property has been
sold and the new owners wish to modify the convenience store portion of the site plan. Modifications include separating
the carwash from the convenience center, enlarging it and moving it to the front of the parcel, relocating the carwash to
the front of the site and changes to the internal circulation of traffic.
Planning Director O’Keefe presented the following findings of facts;
1.The Board must find that the modification will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved.
A.Public water and sewer is available near the site.
B.Access to the site is from Gordon Road, a major collector.
C.The property is served by the Ogden Volunteer Fire Department.
D.Z-802 applies to 4.46 acres.
E.The location of the 60 foot drive access remains the same as in the original approval.
2.The Board must find that the modification meets all required conditions and specifications of the Zoning Ordinance.
A.The specified conditions of the original approval are still in effect. Those are: Right-in, right-out only at the
entrance to Gordon Road; Lighting not to shine on Evans residents; and Fence to extend entire length of
property boundary adjacent to Evans residences.
B.All other local, state and federal laws and standards apply.
3.The Board must find that the modification will not substantially injure the value of adjoining or abutting property or
that the use is a public necessity.
A.No evidence has been submitted at this time to show that adjoining property value would be injured.
4.The Board must find that the location and character of the use if modified according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County.
A.The New Hanover County Comprehensive Plan classifies the site as Urban. The purpose of the class is to
provide for intensive urban uses where infrastructure is in place to support it.
B.Other uses in the immediate vicinity are residential.
Staff recommends approval with the following conditions:
1.All findings of fact are positive.
2.Project must still comply with conditions of S-802.
Chairman Caster informed the Petitioner of their right to withdraw the conditional use rezoning petition prior to
the Board’s vote stating that if the rezoning request is denied there is a twelve month period before another petition can
be filed.
Chairman Caster asked if the Petitioner would like to speak on the request.
Howard Capps, on behalf of Diako Construction, Inc., presented a history and overview of the project stating
that they agree with the findings of facts and conditions as presented. The Planning Board, at its November 2, 2006
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 4, 2006 PAGE 716
meeting, voted unanimously to recommend approval of the modification with no one from the public present to speak in
opposition.
Chairman Caster asked if anyone from the public wished to speak in opposition to the request.
Hearing no one, Chairman Caster closed the Public Hearing and requested direction from the Board on the
request to modify the conditional use permit.
Commissioner Davis confirmed with Planning Director O’Keefe that staff recommends approval of the request.
Chairman Caster confirmed with Mr. Capps that he wished to proceed with the request.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to modify the Conditional Use Permit
for a 3,500 square foot convenience center, small car wash, three gas pump islands, and a 2,400 square foot dry boat
facility based on the evidence presented and the findings 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) All
findings of fact are positive; and 2) the project must still comply with conditions of S-802. 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 10.1.
PUBLIC HEARING TO CONSIDER THE REQUEST BY HOWARD PENTON TO REZONE
APPROXIMATELY 34.98 ACRES OF PROPERTY LOCATED AT 4299 NORTH COLLEGE ROAD FROM R-
15 RESIDENTIAL AND I-2 INDUSTRIAL ZONING DISTRICT TO CD (R-10) CONDITIONAL USE
DISTRICT (Z-852,11.06)
Chairman Caster opened the Public Hearing and announced that the Conditional 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:
Chris O’Keefe
Howard Penton
Michael Gallant
Michael Fitzgerald
Planning Director Chris O’Keefe reported that Howard Penton is requesting to rezone approximately 34.98
acres of property located at 4299 North College Road from R-15 Residential and I-2 Industrial Zoning District to CD R-
10 Conditional Use District and presented an overview of the proposal stating that the subject property is located on
North College Road, just north of the intersection with Blue Clay Road. North College Road is an identified arterial on
the thoroughfare plan. Level of service has been rated E on this segment of College Road, meaning traffic volume is at
capacity.
The subject property is currently undeveloped, wooded acreage with a 150 foot power line right-of-way
bisecting the property. Along the northern boundary of the subject property has recently been rezoned to CD(R-10) for
the Parson’s Mill Farms subdivision. West of the site is the County Jail property, zoned I-2. The southern boundary
adjoins vacant, wooded property zoned R-15. To the east across North College Road and beyond the existing road right
of way, is Pumpkin Creek Subdivision, also zoned R-15.
The subject property is located within the Prince George Creek watershed drainage area. The southernmost
portion of the property is within a special flood hazard area. The site is in a primary or secondary recharge area for the
principal aquifers. Public water and sewer are available in the vicinity. Current sewer capacity is limited to incremental
allocations for new development.
As a condition for rezoning, the applicant proposes that the use will be restricted to 114 residential town homes
which will meet all the requirements of the Zoning Ordinance. Additionally, all of the town homes will be clustered out
of the flood zone and wetland protection areas, leaving the entire property south of the power line for storm water
management and potential recreational amenities. A companion special use permit will bind the proposed use and
restrictions to this property.
The conditional rezoning petition proposes a change from moderate density R-15 residential use to the County’s
highest density R-10 residential designation and would extend an existing R-10 residential district. The resulting density
increase as proposed would be 27 units.
At its November 2, 2006 meeting, the Planning Board voted 5 to 2 to recommend approval of this proposal.
Two nearby property owners expressed concerns about flooding in the area and the possible impacts of additional
development near Pumpkin Kiln Branch. Staff recommends approval of the request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 4, 2006 PAGE 717
Planning Director O’Keefe 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.Public water and sewer are accessible for the property.
B.The property accesses an identified arterial.
C.Fire Service is available from the Castle Hayne VFD.
D.The property is located in a flood hazard area, however, all town home development has been designed
outside the flood hazard area.
E.Storm water retention has been included in the proposed site plan and is located within the wetland and
flood prone areas of the property.
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. This request is made concurrent with conditional rezoning to R-
10 Residential.
B.The proposed use is limited to attached single family residential.
C.Density for this project will be limited to 3.3 units per net acres and is proposed at 114 units.
D.Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover
County Zoning Ordinance by providing 243 spaces compared to 228 spaces required.
E.Traffic circulation system will be via internal driveways and must provide adequate access for emergency
service vehicles.
F.A traffic impact analysis was not required by NCDOT for this project.
G.Buffer of at least 20 feet will be required along the northern boundary of the property.
H.A tree survey must be performed and trees must be protected and mitigated as required in Section 67 of the
Zoning Ordinance.
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.No evidence has been submitted that this project will decrease property values of residents who live
nearby.
B.Storm water management must perform in compliance with the requirements of the County Ordinance.
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 identifies this area as Resource Protection and Conservation, which provides for
the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources.
B.Policies in the plan support higher density in Aquifer Resource Protection areas when public services are
available.
C.Parson’s Mill Farms is designed as a residential community along the northern boundary of the subject
property.
Commissioner Davis asked Planning Director O’Keefe what were the concerns of the two Planning Board
members who voted in opposition to the request.
Planning Director O’Keefe reported that they had concerns about storm water issues but that it is the opinion of
staff that there is no relationship between the proposed project and the storm water issues in the Pumpkin Creek
subdivision; storm water issues will be addressed through the Technical Review Committee process.
Chairman Caster informed the Petitioner of their right to withdraw the conditional use rezoning petition prior to
the Board’s vote stating that if the rezoning request is denied there is a twelve month period before another petition can
be filed.
Chairman Caster asked if the Petitioner would like to speak on the request.
The Petitioner, Howard Penton, presented an overview of the proposed project stating that the concerns of the
Planning Board members had been addressed and the design of the proposed project will not contribute to the Pumpkin
Creek subdivision storm water issues.
Chairman Caster asked if anyone from the public wished to speak in opposition to the request.
Michael Fitzgerald stated that he lived across the street from the proposed project and he had concerns about
storm water flooding and requested the Board resolve those issues before approving the proposed project.
Michael Gallant, on behalf of Howard Penton, presented an overview of the storm water retention that is
planned stating that the proposed project is down stream and will not have an affect on the lots across the street. He
reported on the process for obtaining County and State permit approval.
Chairman Caster confirmed with Mr. Penton that he wished to proceed with the request and he agreed with the
findings of facts as presented.
Hearing no further comments, Chairman Caster closed the Public Hearing and requested direction from the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 4, 2006 PAGE 718
Board.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Chairman Caster, to rezone approximately 34.98 acres of
property located at 4299 North College Road from R-15 Residential and I-2 Industrial Zoning District to CD (R-10)
Conditional Use District. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Pritchett voted in opposition.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP
OF AREA 8A 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 8A, Page 34.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Chairman Caster, to grant a Conditional Use Permit for 114
residential town homes located at 4299 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. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Pritchett voted in opposition.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book
IV, Page 10.2.
BREAK
Chairman Greer called for a break from 7:01 p.m. until 7:16 p.m.
PUBLIC HEARING TO CONSIDER REQUEST BY WARD AND SMITH, PA, ON BEHALF OF BILL CLARK
HOMES OF WILMINGTON, LLC, TO REZONE APPROXIMATELY 104.6 ACRES OF PROPERTY
LOCATED BETWEEN THE 2000 AND 2100 BLOCKS OF CASTLE HAYNE ROAD FROM R-20 TO R-15
RESIDENTIAL DISTRICT (Z-854, 11/06)
Chairman Caster opened the Public Hearing and requested Planning Director Chris O’Keefe to make the staff
presentation.
Planning Director O’Keefe reported Ward and Smith, PA, on behalf of Bill Clark Homes of Wilmington, LLC,
is requesting to rezone approximately 104.6 acres of property located between the 2000 and 2100 blocks of Castle Hayne
Road from R-20 to R-15 and presented an overview of the project stating that the subject property is located along Castle
Hayne Road, north of the 23rd Street intersection. Castle Hayne Road is classified as an arterial roadway which
experienced a 23% increase in traffic volume between 2001 and 2005. The opening of the Martin Luther King Parkway
and I-140 bypass has resulted in a decline in traffic volume from 21,533 in 2005 to 17,821.
The subject property is currently vacant. Land to the south is zoned R-15 and is developed in single family
residential use along Arlington Drive. South of the project and along Castle Hayne Road is zoned B-1 Business.
Immediately north of the subject property, zoning is R-20 Residential and is currently in agricultural use. To the east,
across Castle Hayne Road, zoning is AR Airport Residential, transitioning to B-1 at Spring Road. The property is
located within the Ness Creek watershed drainage area and is slightly influenced by flood zone on the extreme west
portion of the site.
Water and sewer are currently not available near the site. Sewer lines may be extended at the developer’s
expense. Sewage from the site would be treated at the Northside Treatment facility. Currently capacity at the facility is
limited and is being allocated in 15,000 gallons per day units (approximately 41 single family homes).
This rezoning petition proposes a change to allow higher residential density by an expansion of an existing R-15
district. Such a change would expand the residential density policy in the area and increase density on this acreage from
1.9 units per acre to 2.5 units per net acre on performance residential design or 4.25 to 10.2 per acre for high density by
special use permit. Subtracting the acreage of open water, the maximum scenarios would be:
R-20 R-15
Performance Residential 177 units 234 units
High Density 397 units 953 units
Traffic in the area is a significant consideration. The adjacent neighborhoods have not been designed with
street stubs for interconnectivity although future development may provide those connections. The traffic impact
analysis recommends improvements which would help to mitigate the impact on Castle Hayne Road. Weekday average
trip generation for single family detached units is estimated to generate 9.57 trips per day. Approximate traffic additions
would be:
R-20 R-15
Performance Residential 1,694 2,239
High Density 3,799 9,120
At its November 2, 2006 meeting, the Planning Board recommended approval of this rezoning request by a vote
of 6-1. Traffic was an issue of concern as well as uncertainties as to potential connectivity to Arlington Drive. One
adjacent owner expressed concerns about the potential density of development on the site. Staff recommends approval.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, DECEMBER 4, 2006 PAGE 719
Chairman Caster asked if the Petitioner would like to speak on the request.
Tom Johnson, on behalf of Bill Clark Homes, presented an overview of the project stating that the plan is
consistent with the Land Use Plan.
John Bauerlein, on behalf of Bill Clark Homes, reported on the traffic impact analysis process that was used
stating that significant improvements are recommended that would improve the level of service.
Chairman Caster asked if anyone in opposition would like to speak on the request.
Hearing no one, Chairman Caster closed the Public Hearing and requested direction from the Board.
Commissioner Davis stated concern about the increase in density and the impact to traffic.
Chairman Caster confirmed with Mr. Johnson that he was aware of sewer capacity issues and the risks involved
stating that the rezoning would allow for more affordable housing.
Hearing no further comments, Chairman Caster closed the Public Hearing and requested direction from the
Board.
Chairman Caster informed Mr. Johnson of his right to withdraw the rezoning petition prior to the Board’s vote
stating that if the rezoning request is denied there is a twelve month period before another petition can be filed.
Mr. Johnson confirmed that he wished to proceed with the rezoning request.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Chairman Caster, to rezone approximately 104.6 acres of
property located between the 2000 and 2100 blocks of Castle Hayne Road from R-20 Residential District to R-15
Residential District. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP
OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974, is hereby
incorporated as a part of the minutes and is contained in Zoning Book II, Section 10A, Page 29.
PUBLIC HEARING TO CONSIDER A REQUEST BY WARD AND SMITH, PA, ON BEHALF OF BILL
CLARK HOMES OF WILMINGTON, LLC, TO REZONE APPROXIMATELY 5.8 ACRES OF PROPERTY
LOCATED AT 5025 AND 5031 CAROLINA BEACH ROAD FROM R-15 TO CD (R-10) HIGH DENSITY (Z-
851, 10/06)
Chairman Caster opened the Public Hearing and announced that the Conditional 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:
Chris O’Keefe
Tom Johnson
Barbara Jordan
Mike Moser
Kenneth Heller
Warren Rice
Ronald Leroy
John Bauerlein
Robert Ballard
Planning Director Chris O’Keefe reported that Ward and Smith, PA, on behalf of Bill Clark Homes of
Wilmington, LLC, is requesting to rezone approximately 5.8 acres of property located at 5025 and 5031 Carolina Beach
Road from R-15 to CD (R-10) High Density and presented an overview of the subject property stating that the property
is located off Carolina Beach Road adjacent to the Willoughby Park development. At the Board’s November 13, 2006
meeting, Mr. Johnson requested a continuance to allow the developer time to address the storm water and drainage
issues.
The following findings of facts were presented at the Board’s November 13, 2006 meeting:
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.Public water and sewer are accessible for the property.
B.The property accesses an identified arterial via local streets meeting the access requirements of Section
69.9(A)2 for residential high density projects.
D.Fire Service is available from the Myrtle Grove Fire Station.
E.The property is not located in a flood hazard area.
F.Storm water retention has been included in the proposed site plan.
2.The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance.
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A.The property is zoned R-15 Residential. This request is made concurrent with conditional rezoning to
CD(R-10) Residential.
B.The proposed use is limited to attached single family residential.
C.Density for this project is limited by the standards of Section 69.4(5)(B) and results in 43 allowable units
on the 5.8 acre site.
D.The Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New
Hanover County Zoning Ordinance by providing 90 spaces rather than 86 as required.
E.Traffic circulation must meet the standards and requirements for private streets outlined in the Subdivision
Ordinance, and the street system must provide adequate access for emergency service vehicles.
F.A traffic impact analysis was not required by NCDOT for this project.
G.A buffer of 52 feet will be provided between the existing conventional R-15 residential use and this
property in accordance with Section 67-4(3) of the Zoning Ordinance.
H.A tree survey has been performed and trees will be protected and mitigated as required in Section 67 of the
Zoning Ordinance.
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.No evidence has been submitted that this project will decrease property values of residents who live
nearby.
B.Storm water management must perform in compliance with the requirements of the County Ordinance.
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 identifies this area as Urban, which allows for higher densities and intensities
where public water or sewer is available.
B.Policies in the plan support preservation of residential character and quality of life in existing
neighborhoods.
C.Willoughby Park is a community of attached dwelling units and The Lakes at Johnson Farms is a single
family high density community.
At the Board’s November 13, 2006 meeting, the Petitioner agreed to the following conditions:
1. Developer to construct a coated chain link fence and a split rail fence around the retention pond.
2. Developer to plant a five foot vegetative buffer across the southeastern property line to conceal the
retention pond.
3. Developer will limit construction to Monday through Friday from 8:00 a.m. to 6:00 p.m.
Chairman Caster asked if the Petitioner would like to speak on the request.
Tom Johnson, on behalf of Bill Clark Homes, referenced a letter from James H. Fentress, PE, PLS, stating that
the issues concerning the storm water management system had been addressed and the system continues to function as
required by the modified permit.
Robert Ballard, on behalf of Bill Clark Homes, presented an overview of the proposed request stating that the
request is consistent with the Land Use Plan, with the surrounding area and all requirements of the Zoning Ordinance
have been met. He confirmed that the Petitioner agrees with the findings of facts and conditions as were presented at the
Board’s November 13, 2006 meeting.
Chairman Caster asked if the Opposition would like to speak on the request.
Warren Rice, Vice-President of the Willoughby Park Homeowners Association, stated that they have met with
the engineer and the storm water violations have been resolved but that they still have concerns with one entrance and
the traffic impact.
Ronald Leroy stated that he is a homeowner in Willoughby Park and has concerns on the traffic impact and
would like the Board to require a second road stub.
Robert Ballard, on behalf of Bill Clark Homes, reported that future connectivity maybe available if the Moser or
Henry property on Carolina Beach Road is developed.
John Bauerlein, on behalf of Bill Clark Homes, stated that a traffic impact analysis was not required by the
County for this project because projected peak hour trips are less than a third of the 100 peak hour trips required.
Estimated peak hour trips are estimated to be 26 in the morning and 30 in the evening.
Commissioner Pritchett confirmed with Planning Director O’Keefe that a road stub, at the point closest to
Carolina Beach Road, can be required as a condition for approval for future connectivity.
Mr. Johnson, on behalf of Bill Clark Homes, stated that they agree to the condition of the road stub at the point
closest to Carolina Beach Road.
Commissioner Kopp stated that this project is part of the northeast interceptor and will be subject to the
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moratorium as it exists today.
Kenneth Heller, a homeowner in the Willoughby Park subdivision, stated that this was a good project for the
area and will be an improvement of the existing use.
Chairman Caster informed Mr. Johnson of their right to withdraw or modify the conditional use rezoning
petition prior to the Board’s vote stating that if the rezoning request is denied there is a twelve month period before
another petition can be filed.
Mr. Johnson requested that the developer be allowed to conduct construction clean-up on Saturday mornings.
Planning Director O’Keefe stated that County engineering staff has voiced concerns with the condition to
construct a coated chain link fence and a split rail fence around the retention pond hindering access.
Mike Moser, property owner, stated that the condition for the fence was added to address a neighbor’s concern
but that the tree line will remain between the pond and her property.
Warren Rice, Vice-President of the Willoughby Park Homeowners Association, stated that they would prefer
the developer not be allowed to conduct construction clean-up on Saturday mornings.
Hearing no further comments, Chairman Caster closed the Public Hearing and requested direction from the
Board.
Motion:
Chairman Caster MOVED to rezone approximately 5.8 acres of property located at 5025 and 5031 Carolina
Beach Road. No SECOND was received, therefore the motion died.
APPROVAL OF COUNTYWIDE GOALS FOR FY 07-08
Budget Director Cam Griffin reported that each year at the beginning of the budget process, the County
Commissioners establish goals for the County to guide the development of the budget for the next fiscal year. The goals
address long-term concerns and issues and provide direction to County departments in establishing the budget for their
department.
After brief discussion, Chairman Caster requested direction from the Board to approve the following
Countywide goals for FY 07-08.
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Provide a Safe Community for all New Hanover County Citizens.
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Continue Investing in Technology for Citizens to Easily and Efficiently Conduct County Business.
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Protect the Environment and the Quality of Life Enjoyed by New Hanover County Citizens.
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Ensure the Health and Welfare of all New Hanover County Citizens.
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Ensure Equality for all New Hanover County Citizens.
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Provide Prompt, Courteous, and Professional Services to the Citizens of New Hanover County.
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Provide for the Educational, Cultural, and Recreational Needs of the Community.
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Ensure the Financial Stability and Legal Protection of the County.
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Promote Sound Economic Growth.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to approve the Countywide goals for
FY 07-08 as discussed. Upon vote, the MOTION CARRIED UNANIMOUSLY.
UPDATE ON 2007 COUNTYWIDE REVALUATION
Finance Director Avril Pinder reported that due to the recent downturn in the real estate market and the need for
staff to capture all recent sales data, tax revaluation notices will be issued in January 2007.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER
AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 8:28 p.m. to hold a meeting of the New Hanover County
Water and Sewer District.
Chairman Caster reconvened to Regular Session at 9:00 p.m.
NON-AGENDA ITEMS
Chairman Caster 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.
John Terrell stated his concern with the Inspections Department permitting process and fees.
Chairman Caster directed County Manager Bruce Shell to follow-up with Mr. Terrell and his concerns.
ADDITIONAL ITEMS
CONSIDERATION OF RENAMING MARKET PLACE DRIVE TO GOVERNMENT CENTER DRIVE
County Manager Bruce Shell reported on the process required to rename Market Place Drive to Government
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REGULAR MEETING, DECEMBER 4, 2006 PAGE 722
Center Drive and requested the Board’s direction. No neighbors will be affected by the change.
After brief discussion, the consensus of the Board was to direct County Manager Shell to proceed with the
process to rename Market Place Drive to Government Center Drive.
CONSIDERATION OF CREATING CONNECTIVITY TO/FROM THE GOVERNMENT CENTER
County Manager Bruce Shell reported that connectivity is being considered by staff into the Gold’s Gym
parking lot for exiting left at the traffic signal on Racine Drive. Staff will bring a recommendation to the Board for their
consideration.
UPDATE ON PORTERS NECK WATER SYSTEM
County Manager Bruce Shell reported that staff, working with Mr. Donaldson, is pursuing intent for agreement
for the Porter’s Neck water system.
ADDITIONAL ITEM BY VICE-CHAIRMAN GREER
Vice-Chairman Greer requested that the Board be updated on the water treatment plant budget expenditures to
date and that the timeline that was provided in the back-up materials also be kept updated.
UPDATE ON COUNTY/CITY WATER AND SEWER CONSOLIDATION
Assistant County Manager Dave Weaver reported that the process to consolidate County/City water and sewer
is going well and still on track to form the Authority by March 31, 2007 and to become fully operational by January 1,
2008.
ADJOURNMENT
There being no further business, Chairman Caster requested a motion to adjourn the meeting.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer to adjourn the meeting. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 9:21 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board