Agenda 2010 12-06DECEMBER 6,2010 6:00 P.M.
MEETING CALLED TO ORDER (Chairman Jason R. Thompson)
INVOCATION (Reverend Steve Hein, St. Andrews - Covenant Presbyterian Church)
PLEDGE OF ALLEGIANCE (Commissioner William A. Caster)
NATIONAL ANTHEM (Alecia Vanderhaar)
APPROVAL OF MINUTES (Agenda Review meeting held on November 10, 2010 and
Regular Session meeting held on November 15, 2010)
PRESENTATION OF APPRECIATION GIFTS:
Commissioner William A. Caster
Commissioner Robert G. Greer
ADMINISTRATION OF OATHS OF OFFICE:
Brian M. Berger by the The Honorable Carolyn H. Justice, NC House of Representatives District 16
Richard G. Catlin by The Honorable Sandra Ray Criner, NC Judicial District Five Court Judge
ELECTION OF CHAIRMAN AND VICE - CHAIRMAN (Wanda M. Copley, County Attorney, Presiding)
BREAK (Reception)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Adoption of Resolution Approving Code of Ethics
2. Adoption of Public Officials Bond Resolution
3. Approval of Tax Collections Report for October 2010
4. Adoption of Ordinances for Budget Amendments
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
TIMES
7:05 p.m.
5. Consideration of a Resolution Supporting the Consideration of Airlie Road for
the North Carolina Scenic Byway Designation
7:10 p.m.
6. Consideration of Budget Amendment for Use of 911 Surcharge Funds in
Accordance with New Legislation Enacted During the Last Session of the
General Assembly
7:20 p.m.
7. Public Hearing
Rezoning Request (Z -907, 11 /10) - Request by H. Phillip Berman to Rezone
03.05 Acre at 5200 Castle Hayne Road from R -20 Residential to B -2
Commercial District
7:40 p.m.
8. Public Hearing
Conditional Rezoning Request (Z -908, 11 /10) - Request by Thomas H.
Johnson, Jr. with Nexsen Pruet, PLLC and Ryan Foster with Flournoy
Development, on Behalf of Bayshore Estates, Inc., to Rezone 26.61 Acres at
7910 Market Street from B -2 Commercial District and R -15 Residential
Board of Commissioners Meeting
12/06/2010
District to CD (R -15) Conditional District for the Purpose of Developing a
High Density 270 -Unit Apartment Complex
8:40 p.m. 9. Public Hearing
Subdivision Text Amendments (A -387) — Request by the County's Technical
Review Committee (TRC) to Amend Sections 20, 41 -1, 52 -4 of the County's
Subdivision Ordinance by Incorporating Specific Language, Road Profiles,
and Design Standards for Private Streets
9:00 P.M. 10. Public Hearing
Zoning Text Amendment (A -389) — Request by Staff to Amend Article VI
and Article VII of the Zoning Ordinance to Allow for Establishment of
Farmers' Markets and Produce Stands Under Certain Conditions
9:20 p.m. ll. Public Hearing
Street Naming (SN- 112, 11/10) - Request by Staff to Name an Unimproved
Road Known as New Road to New Jack Road and Reassign Street Mailing
Addresses Located Between Whipporwill Lane and Channel Haven Drive
North, East of the 400 Block of Masonboro Loop Road
NON - AGENDA ITEMS (limit three minutes
ADDITIONAL AGENDA ITEMS OF BUSINESS
9:50 p.m. 12. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
10:00 P.M. 13. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
12/06/2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 6, 2010
CONSENT
ITEM: 1
DEPARTMENT: County Attorney PRESENTER(S): Wanda Copley, County Attorney
CONTACT(S): Wanda Copley, County Attorney
SUBJECT:
Adoption of Resolution Approving Code of Ethics
BRIEF SUMMARY:
General Statute 160A -86 requires that the County adopt a Code of Ethics. A Code of Ethics must
be adopted on or before January 1, 2011.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution.
ATTACHMENTS:
Ethics Resolution
GS 160A -86
GS 160A -87
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/06/2010
1 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ADOPTING A CODE OF ETHICS
WHEREAS, G.S. 160A -86 requires local governing Boards to adopt a code of ethics; and
WHEREAS, New Hanover County citizens deserve to be served by public officials who
maintain the highest ethical standards; and
WHEREAS, the stability and proper operation of democratic representative government
depends upon public confidence in the integrity of the government, and upon responsible
exercise of the trust conferred by the citizens upon their elected officials; and
WHEREAS, Board members must act in a manner that maintains their integrity and
independence and be responsive to the interests and needs of those they represent; and
WHEREAS, Board members must know how to distinguish among their various roles, to
determine when each role is appropriate, and to act accordingly:
1. As advocates who strive to advance the legitimate needs of their citizens.
2. As legislators who balance the public interest and private rights in considering and
enacting ordinances and resolutions, and
3. As fair and impartial decision - makers when making quasi-judicial and
administrative determinations.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners does hereby adopt the following Code of Ethics to guide the Board of County
Commissioners in its decision- making. The Board of Commissioners directs all County boards
and committees to respect and abide by this Code of Ethics in the performance of their duties.
Page 1 of 4
Board of Commissioners Meeting
12/06/2010
1 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CODE OF ETHICS
Purpose
The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for
the Board of County Commissioners. It should not be considered a substitute for the law or for
a Board member's best judgment.
CPe +inn 1
A. Board members should obey all laws that apply to their official actions. The spirit as
well as the letter of the law should guide their actions. Board members should feel free
to assert policy positions and opinions without fear of reprisal from fellow Board
members or citizens.
B. Board members should endeavor to keep themselves current, through the County
Attorney and other sources, of the most pertinent constitutional, statutory, and other
legal requirements with which they must be familiar in order to meet their legal
responsibilities.
C. Board members shall comply with G.S. 160A -87 in receiving two clock hours of ethics
education within twelve months of each election or appointment to office.
Section 2.
Board members should act with integrity as they exercise the functions of their offices.
Characteristics and behaviors that are consistent with this standard are:
A. Behaving consistently and with respect towards everyone with whom they interact.
B. Exhibiting trustworthiness.
C. Living as if they are on duty as elected officials regardless of where they are or what
they are doing.
D. Using their best independent judgment to pursue the common good, while being able to
consider the opinions of others, presenting their opinions to all in a forthright manner.
E. Remaining incorruptible, self - governing, and not subject to improper influence.
Page 2 of 4
Board of Commissioners Meeting
12/06/2010
1 -1 -2
F. Disclosing contacts and information about issues that they receive outside of public
meetings and refraining from seeking or receiving information about quasi-judicial
matters outside of the quasi-judicial proceedings.
G. Treating other Board members and the public with respect, and honoring the opinions of
others even when they disagree.
H. Being careful not to reach conclusions on issues until all sides have been heard.
I. Recognizing that individual Board members are not generally allowed to act on behalf
of the Board, but may only do so if the Board specifically so authorizes because the
Board must take official action as a body.
Section 3.
Board members should be faithful in the performance of the duties of their office. Board
members should faithfully attend and prepare for meetings. They should carefully analyze all
credible information that is properly submitted to them, mindful of the need not to engage in
communications outside the meeting in quasi-judicial matters. They should demand full
accountability from those over whom the Board has authority.
Section 4.
Elected members of local governing Boards should conduct the affairs of their Boards in an
open and public manner. They should comply with all applicable laws governing open
meetings and public records, recognizing that doing so is an important way to be worthy of the
public's trust. They should remember when they meet that they are conducting the public's
business. They should also remember that the records of their local government belong to the
public. A climate of openness is to be maintained at all times.
They should take deliberate steps to ensure that any closed sessions held by the Board are
conducted lawfully, and that such sessions do not stray from the purposes for which they are
called.
Section 5.
This Code of Ethics shall be effective upon adoption, unless modified, amended, or repealed.
Page 3 of 4
Board of Commissioners Meeting
12/06/2010
1 -1 -3
ADOPTED this the 6 th day of December, 2010.
NEW HANOVER COUNTY
Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Page 4 of 4
Board of Commissioners Meeting
12/06/2010
1 -1 -4
Part 3A. Ethics Codes and Education Programs.
§ 160A -86. Local governing boards' code of ethics.
(a) Governing boards of cities, counties, local boards of education, unified
governments, sanitary districts, and consolidated city- counties shall adopt a resolution or policy
containing a code of ethics to guide actions by the governing board members in the
performance of the member's official duties as a member of that governing board.
(b) The resolution or policy required by subsection (a) of this section shall address at
least all of the following:
(1) The need to obey all applicable laws regarding official actions taken as a
board member.
(2) The need to uphold the integrity and independence of the board member's
office.
(3) The need to avoid impropriety in the exercise of the board member's official
duties.
(4) The need to faithfully perform the duties of the office.
(5) The need to conduct the affairs of the governing board in an open and public
manner, including complying with all applicable laws governing open
meetings and public records. (2009 -403, s. 1.)
G.S. 160A -86 Page 1
Board of Commissioners Meeting
12/06/2010
1 -2 -1
§ 160A -87. Ethics education program required.
(a) All members of governing boards of cities, counties, local boards of education,
unified governments, sanitary districts, and consolidated city - counties shall receive a minimum
of two clock hours of ethics education within 12 months after initial election or appointment to
the office and again within 12 months after each subsequent election or appointment to the
office.
(b) The ethics education shall cover laws and principles that govern conflicts of interest
and ethical standards of conduct at the local government level.
(c) The ethics education may be provided by the North Carolina League of
Municipalities, North Carolina Association of County Commissioners, North Carolina School
Boards Association, the School of Government at the University of North Carolina at Chapel
Hill, or other qualified sources at the choice of the governing board.
(d) The clerk to the governing board shall maintain a record verifying receipt of the
ethics education by each member of the governing board. (2009 -403, s. 1.)
G.S. 160A -87 Page 1
Board of Commissioners Meeting
12/06/2010
1 -3 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 6, 2010
CONSENT
ITEM: 2
DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney
CONTACT(S): Kemp Burpeau, Deputy County Attorney
SUBJECT:
Adoption of Public Officials Bond Resolution
BRIEF SUMMARY:
Pursuant to General Statute 58.72 -70, the Board is to annually review the Surety Bond coverage for the
Finance Officer, Sheriff, Register of Deeds and the Tax Collector. Staff has verified that adequate coverage
is in full force and effect.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution.
ATTACHMENTS:
Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/06/2010
2 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
APPROVAL OF PUBLIC OFFICIALS BOND
WHEREAS, pursuant to Chapter 58 of the North Carolina General Statutes, the Board of County
Commissioners conducts an annual review of public official bonds; and
WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force
and to be in proper format.
NOW, THEREFORE, the Board of County Commissioners does hereby approve the Surety Bond
for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation of approval
is hereby incorporated within the respective bond as if set out in its entirety on the face thereof.
ADOPTED this the 6 th day of December, 2010.
NEW HANOVER COUNTY
Chairman, Board of County
Commissioners
ATTEST:
Sheila L. Schult
Clerk to the Board
Board of Commissioners Meeting
12/06/2010
2 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 6, 2010
CONSENT
ITEM: 3
DEPARTMENT: Tax PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Michelle Harrell, Collector of Revenue
SUBJECT:
Approval of Tax Collections Report for October 2010
BRIEF SUMMARY:
Tax collection reports for October 2010 are submitted for approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve as submitted.
ATTACHMENTS:
Tax Collection Reports
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/06/2010
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 6, 2010
CONSENT
ITEM: 4
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Ordinances for Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2011.
11 -111 - Emergency Management & 911 Communications
11 -114 - Emergency Management & 911 Communications
11 -115 - Health
11 -116 - Health
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed.
ATTACHMENTS:
B/A 11 -111
B/A 11 -114
B/A 11 -115
B/A 11 -116
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/06/2010
4 -0
AGENDA: December 6, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -111
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -111 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Emergency Management & 911 Communications
Expenditure:
Decrease
Increase
Emergency Management & 911 Communications:
Contract Services
$5
Total
$5
Revenue:
Decrease
Increase
Emergency Management & 911 Communications:
Grant — Federal — North Carolina Emergency M mt.
$5
Total
$5
Section 2: Explanation
The New Hanover County Emergency Management received $5,941 from the North Carolina Emergency
Management, as part of the Homeland Security Grant Program, to subcontract Cape Fear Community
College for training needs of the County. No County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -111, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
12/06/2010
4 -1 -1
AGENDA: December 6, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -114
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -114 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Emergency Management & 911 Communications
Expenditure:
Decrease
Increase
Emergency Management & 911 Communications:
Safety Equipment
$45
Total
$45
Revenue:
Decrease
Increase
Emergency Management & 911 Communications:
Grant — Federal — North Carolina Emergency M mt.
$45
Total
$45
Section 2: Explanation
New Hanover County Emergency Management received a $45,000 grant from the North Carolina
Emergency Management, Department of Crime Control and Public Safety, to be applied towards safety
equipment for the Urban Search and Rescue (USAR) Team. No County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -114, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
12/06/2010
4 -2 -1
AGENDA: December 6, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -115
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -115 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/Women's Preventive Health
Expenditure:
Decrease
Increase
Health /Women's Preventive Health:
Supplies
$8
Total
$8
Revenue:
Decrease
Increase
Health /Women's Preventive Health:
Grant — State — NC Department of Health and
Human Services
$8
Total
$8
Section 2: Explanation
To budget a grant award of $8,344 received from the North Carolina Department of Health and Human
Services, Division of Public Health, to be used for Long- acting reversible contraceptives. No new positions
will be created and no County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -115, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
12/06/2010
4 -3 -1
AGENDA: December 6, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -116
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -116 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/H1N1 Planning/H1N1 Implementation
Expenditure:
Decrease
Increase
Health /H 1 N 1 Planning:
Salaries and Wages
$16
Health /H 1 N 1 Implementation:
Salaries and Wages
3
Temporary Salaries
30
Overtime Pay
1
Contract Services
23
Supplies
6
Total
$80
Revenue:
Decrease
Increase
Health /H 1 N 1 Planning:
Grant — State — NC Public Health Preparedness and
Response
$16
Health /H 1 N 1 Implementation:
Grant — State — NC Public Health Preparedness and
Response
64
Total
$80
Section 2: Explanation
The New Hanover County Health Department has received an award of $80,000 from the North Carolina
Office of Public Health Preparedness and Response for H1N1 planning and implementation. These funds
will assist with expenses for implementation of influenza clinics. Funds will be used for temporary staff and
overtime costs associated with vaccine administration, including costs for logistical and administrative
activities, dispensing and distribution of antiviral drugs and other miscellaneous costs. No matching County
funds are required and no new positions are requested.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -116, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
12/06/2010
4 -4 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 6, 2010
REGULAR
ITEM: 5
DEPARTMENT: County Manager PRESENTER(S): Mike Kozlosky, Executive Director, Wilmington
Metropolitan Planning Organization
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Consideration of a Resolution Supporting the Consideration of Airlie Road for the North Carolina
Scenic Byway Designation
BRIEF SUMMARY:
Attached for your consideration is a resolution supporting the consideration of Airlie Road in Wilmington,
New Hanover County for the North Carolina Scenic Byway designation.
The North Carolina Department of Transportation (NCDOT) has designated 54 scenic byways to give
visitors and residents a chance to experience North Carolina's history, geography and culture, while also
raising awareness for the protection and preservation of these treasures. Byways are carefully selected to
portray the diverse beauty and culture of the Tar Heel State and provide travelers with safe and interesting
alternate travel routes.
The scenic byway designation recognizes roadways for their archaeological, cultural, historic, natural,
recreational and /or scenic qualities. Airlie Road exhibits several of these intrinsic qualities. Airlie Road is a
picturesque route from beginning to end nestled between Bradley Creek and the Atlantic Intracoastal
Waterway in Wilmington. Airlie Road's scenic qualities are embodied in the natural surroundings and
diverse architectural character.
The Airlie Road Scenic Byway is proposed to begin at the intersection of Wrightsville Avenue (SR 1411),
Oleander Drive/Military Cutoff Road (U.S. Highway 76) and Airlie Road, extending southeast beneath a
historic tree canopy for 0.9 miles. Airlie Road emerges from the canopy in a sweeping 90- degree turn to the
north for 0.1 miles and continues along the Atlantic Intracoastal Waterway for 0.5 miles. The proposed
byway ends at Wrightsville Avenue (U.S. Highway 74/76, SR 1411) just west of the Heide -Trask
Drawbridge that leads to Wrightsville Beach over the Atlantic Intracoastal Waterway. Total length of the
proposed Airlie Road Scenic Byway is 1.5 miles.
The Wilmington Metropolitan Planning Organization is interested in designating Airlie Road in the City of
Wilmington and New Hanover County as a North Carolina scenic byway.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Airlie Road Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
12/06/2010
5 -0
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/06/2010
5 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
SUPPORTING THE CONSIDERATION OF AIRLIE ROAD
FOR THE NORTH CAROLINA SCENIC BYWAY DESIGNATION
WHEREAS, the Wilmington Metropolitan Planning Organization is interested in
designating Airlie Road in the City of Wilmington and New Hanover County as a North
Carolina scenic byway. The scenic byway designation recognizes roadways for their
archaeological, cultural, historic, natural, recreational and /or scenic qualities. Airlie Road
exhibits several of these intrinsic qualities; and
WHEREAS, the Airlie Road Scenic Byway is proposed to begin at the intersection of
Wrightsville Avenue (SR 1411), Oleander Drive /Military Cutoff Road (U.S. Highway
76) and Airlie Road, extending southeast beneath a historic tree canopy for 0.9 miles.
Airlie Road emerges from the canopy in a sweeping 90- degree turn to the north for 0.1
miles and continues along the Atlantic Intracoastal Waterway for 0.5 miles. The proposed
byway ends at Wrightsville Avenue (U.S. Highway 74/76, SR 1411) just west of the
Heide -Trask Drawbridge that leads to Wrightsville Beach over the Atlantic Intracoastal
Waterway. Total length of the proposed Airlie Road Scenic Byway is 1.5 miles.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners supports the consideration of Airlie Road in Wilmington, New Hanover
County for the North Carolina Scenic Byway designation.
ADOPTED this the 6 th day of December, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
12/06/2010
5 -1 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 6, 2010
REGULAR
ITEM: 6
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Consideration of Budget Amendment for Use of 911 Surcharge Funds in Accordance with New
Legislation Enacted During the Last Session of the General Assembly
BRIEF SUMMARY:
Currently the state collects 60 cents per month on all landline and wireless service in the state. The state
returns a portion of the funds to counties to provide E -911 service.
On a statewide basis there has been a concern over the level of fund balances in the 911 Emergency
Telephone System Fund. New Hanover County's 911 Emergency Telephone System Fund balance as of
June 30, 2010 was $2.3 million.
Starting in July 2011 the state is going to restrict the amount of fund balance individual counties can
maintain.
The State legislature is providing a onetime opportunity for counties to have greater flexibility in spending
funds in their current 911 Emergency Fund Balance. Fifty percent (50 %) of funds in the County's
Emergency Telephone System Fund may be used to provide for public safety needs, including expenditures
that are not eligible under other 911 legislation. The expenditures must be made in fiscal year 2010 -2011 and
2011 -2012. Fifty percent of the fund balance is $1,149,253.
The Legislature also will reduce the amount of future distributions if the fund balance left in the County
Emergency Telephone System Fund exceeds new guidelines. Therefore, additional expenditures would prove
prudent to prevent state reductions of County E911 funds.
The Sheriff s Office and Emergency Management 911 Department have needs for public safety expenditures
some of which were cut from the FYI 0- 11 budget due to fiscal constraints.
The Sheriff's Office and Emergency Management and 911 Department have requested to use the funds for
the following expenditures. The list has been approved by the state 911 board. Upon your approval, these
items will be secured. Items on this list are current needs that otherwise would have to be funded with
County dollars. They are as follows:
Item Total
Painting of 800 MHz tower (911) $30
59 Ballistic Vests (Sheriff) $52
20 Stab Vests (Sheriff) $9
18 Tactical Vests (Sheriff) $34
CAD AVL Software Module with Maintenance — Part of operational $9
software for 911
Mobile Data Reporting (Sheriff) — Enables real -time paperless $294
reporting
Generator for Emergency Shelter (Trask School) $247
Board of Commissioners Meeting
12/06/2010
6 -0
Installment Debt for Radios (Transfer)
TOTAL
$470,928
$1,149,253
The legislation also reduces future state distributions if the fund balance exceeds 20% of the prior two year
average state distribution to the County's Emergency Telephone System fund. This amount would be
approximately $194,000. This becomes effective July 1, 2011. Our current 911 center is in need of upgrades
to the system equipment. Using these funds would save County dollars.
Item Total
23 (24x7) High Back Chairs & Shipping (911) $26
21 Desktop Computers (911) $42
CAD Software Modules with Maintenance (911) — Part of operational software $60
for 911
Hardware (Workstations /computers for CAD software) $9
Shipping of Hardware $500
5 VIPER Positron Telephone Consoles (911) $154
19 Motorola MCC7500 800 MHz (911) radio consoles $940
TOTAL $1
Total of all items is $2,383,047. Of this amount, $1,900,561 would be appropriated fund balance from the
Emergency Telephone System fund balance. The remaining amount of $482,486 would come
from an increase in budgeted surcharge revenues for this year. With the approval of this budget amendment
the Emergency Telephone System Fund fund balance would be $397,947. Although the projected fund
balance is above the new 20% allowable amount, the above recommended expenditures seem a reasonable
approach to fund needed items and reduce fund balance.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the ordinance for budget amendment 11 -108.
ATTACHMENTS:
Budget Amendment 11 -108
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/06/2010
6 -0
AGENDA: December 6, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -108
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -108 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund and Emergency Telephone System Fund
Department: Emergency Management & 911 Communications, Finance/Debt Service
Expenditure:
Decrease
Increase
General Fund:
Emergency Management & 911 Communications:
$1
Contract Services
$10
Supplies
68
Capital Outlay — Computer & Other
61
Capital Outlay - Equipment
1
Finance /Debt Service:
1
Installment Lease Payments
470
Total
$1
Revenue:
Decrease
Increase
General Fund:
Emergency Management & 911 Communications:
$1
Transfers in Special Revenue Fund
$1
Total
$1
Expenditure:
Decrease
Increase
Emergency Telephone System Fund — Article 3:
Contract Services
$1
M & R Buildings & Grounds
30
Supplies
96
Capital Outlay — Computer & Other
302
Capital Outlay - Equipment
247
Transfers to General Fund
1
Total
$2
Revenue:
Decrease
Increase
Emergency Telephone System Fund — Article 3:
Appropriated Fund Balance
$1
911 Surcharge
482
Total
$2
Section 2: Explanation
To budget 50% of Emergency Telephone System Fund - Fund Balance as permitted by recent legislation to
purchase public safety needs, and to budget surcharge funds to upgrade system equipment. Prior to actions
taken at this Board of County Commissioners meeting, the Appropriated Fund Balance in the Emergency
Telephone System Fund is $2,298,507.
The state requires all items purchased under the more flexible one time guidelines to be expended from the
Emergency Telephone System Fund.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -108, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
12/06/2010
6 -1 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 6, 2010
REGULAR
ITEM: 7
DEPARTMENT: Planning PRESENTER(S): Nicole Dreibelbis, Planner; and Chris O'Keefe,
Planning & Inspections Director
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Rezoning Request (Z -907, 11 /10) - Request by H. Phillip Berman to Rezone 03.05 Acre at 5200 Castle
Hayne Road from R -20 Residential to B -2 Commercial District
BRIEF SUMMARY:
At its November 4, 2010 meeting, the Planning Board voted 5 -0 to recommend approval of the B -2
rezoning. One residential adjacent property owner, south of the site, spoke at the Planning Board about his
desire to limit the commercial uses adjacent to his residence.
The site is classified as Community and Aquifer Resource Protection on the 2006 CAMA Land
Classification Map. The site is not currently served by public water or sewer.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED: Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior
to adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether its action is consistent with an adopted comprehensive plan and explaining why the
board considers the action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -20 Residential district
to B -2 Highway Business as described is:
1. Consistent with the purposes and intent of Policies in the 2006 CAMA Land Use Plan
relating to commercial uses within close proximity to the markets they serve and ensuring
that such commercial uses do not diminish the quality of life in nearby residential areas.
The rezoning of this property would also be consistent with the Castle Hayne Plan, as the
property is identified as commercial on the Castle Hayne Land Use map.
2. Reasonable and in the public interest to rezone 3.05 acres at 5200 Castle Hayne Road
from R -20 Residential to B -2 Highway Business to allow a transition of land use from a
low density residential district along an arterial roadway to B -2 Highway Business.
ATTACHMENTS:
Z -907 Staff Summary
Z -907 Petition Summary
Z -907 Adjacent Property Owner Map
Board of Commissioners Meeting
12/06/2010
7 -0
Z -907 Table of Permitted Uses
Z -907 Application
Z -907 Applicant Maps
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/06/2010
7 -0
CASE: Z -907
PETITIONER: H. Phillip Berman
REQUEST: Rezone from R -20 Residential to B -2 Highway Business
ACREAGE: Approximately 3.05 Acres
LOCATION: 5200 Castle Hayne Road
LAND CLASS: Community and Aquifer Resource Protection
PLANNING BOARD ACTION: At its November 4, 2010 meeting, the Planning Board voted 5 -0 to
recommend approval of the B -2 rezoning. One residential adjacent property owner, south of the site,
spoke to the Planning Board about limiting the commercial uses adjacent to his residence.
STAFF SUMMARY
The subject property is located in the northern portion of the county in an area classified as Community
and Aquifer Resource Protection on the 2006 CAMA Land Classification map. The site is not currently
served by public water or sewer.
The property is accessed from Castle Hayne Road, an urban principle arterial roadway. Traffic counts
south of this location, at the intersection of Marathon and Castle Hayne Road, have increased from
9 (2009) to 10,473 (2010).
Castle Hayne Road has a 2007 LOS E, meaning the road is operating at its design capacity and
experiencing delays at intersections.
The subject property is currently zoned R -20 low density residential. Zoning to the north of the subject
property is zoned B -2 and additional commercial zoning is present west of the site, directly across Castle
Hayne Road. Therefore the request to rezone would expand the current highway business zoning.
The subject property is located within the Prince George Creek watershed drainage area which is
classified C (Sw). A portion of the front of the property is located within the 100 year flood zone and
carries a base flood elevation of 9'. Soil maps indicate that the property has Class I Kenansville fine sand,
which is suitable with slight limitations and Class IV Johnston Soils, which are unsuitable.
Land Use Plan Considerations:
The purpose of the Highway Business District is to provide for the proper grouping and development of
roadside business uses which will best accommodate the needs of the motoring public and businesses
demanding high volume traffic. The district's principal means of ingress and egress shall be along
collector roads, minor arterials, and /or major arterials as designated on the Wilmington Metropolitan
Roadway Functional Classification map. No B -2 District shall be less than five (5) acres.
Board of Commissioners Meeting
12/06/2010
7 -1 -1
The 2006 CAMA Land Use Plan adopted policies relating to land use and urban design. Policy 4.3 of the
Land Use Plan promotes maximizing effectiveness of commercial uses by assuring that land is available
for commercial uses within close proximity to the markets they serve and by ensuring that such
commercial uses do not diminish the quality of life in nearby residential areas.
A traffic impact analysis (TIA) will be required for any development that generates more than 100 peak
hour trips.
Staff feels the request is consistent with the 2006 CAMA Land Use Plan and recommends approval.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -20 Residential
district to B -2 Highway Business as described is:
1. Consistent with the purposes and intent of Policies in the 2006 CAMA Land Use Plan relating to
commercial uses within close proximity to the markets they serve and ensuring that such
commercial uses do not diminish the quality of life in nearby residential areas. The rezoning of
this property would also be consistent with the Castle Hayne Plan, as the property is identified
as commercial on the Castle Hayne Land Use map.
2. Reasonable and in the public interest to rezone 3.05 acres at 5200 Castle Hayne Road from
R -20 Residential to B -2 Highway Business to allow a transition of land use from a low density
residential district along an arterial roadway to B -2 Highway Business.
Board of Commissioners Meeting
12/06/2010
7 -1 -2
Case: Z -907 (11 /10)
Rezone 3.05 acres from R -20 to B -2 Highway Business
Petition Summary Data
5200 Castle Hayne Road
Owner /Petitioner H. Phillip Berman
Existing Land Use: Single Family Residence
Zoning g istory: Area Castle Hayne (July 1, 1985)
Land Classification: Community and Aquifer resource Protection
Water T ype: Public (not available at this time)
Sewer T ype: Public (not available at this time)
Recreation Area: Cape Fear Optimist Park and Castle Hayne Park
Access & Traffic Volume: Castle Hayne Road (urban principle arterial) The ADT on Castle
Hayne Road, slightly South of the proposal between Marathon and Castle Hayne Road, have
increased from 9,700 (2009) to 10,473 (2010).
Fire District: Wrightsboro Fire District (WVFD)
Watershed & Water Quality Classification: Prince George Creek; C (Sw)
Aquifer Recharge Area: Secondary recharge areas for Castle Hayne or Peedee where
occurring near land surface under water -table conditions.
Conservation /Historic /Archaeological Resources: Front portion of property is located in
an AE flood zone with a base flood elevation of 9'.
Soils: Kenansville fine sand, 0 to 3 percent slopes and Johnston soils.
Septic Suitability: Kenansville fine sand is a Class I soil with suitable /slight limitation
and Johnston soils are Class IV and are Unsuitable.
Schools: Wrightsboro Elementary School
Board of Commissioners Meeting
12/06/2010
7 -2 -1
Permitted Uses
R -20
B -2
Agricultural Uses
P
P
Kennels
S
P
Veterinaries
P
Wholesale Nurseries & Greenhouses
P
P
Dry stack storage of boats as accessory to marina
S
General Building Contractor
P
Landscaping Contractors
P
Special Trade Contractor
P
Special Trade & General Contractors with no Outside Storage
P
Bus & Taxi Terminal
P
Commercial Marina with Floating Structures
S
S
Commercial Marina
S
P
Dry Stack Storage of Boats as a stand alone warehouse
P
Dry stack storage of boats as accessory to marina
S
P
Electric /Gas & Sanitary Services
P
P
Electric Substation
S
P
Mini - warehouses
P
Post Offices
P
Telephone & Telegraph Facilities
P
P
TV & Radio Broadcasting
P
Warehousing
P
Water Transportation Facilities
P
Other Communication Facilities Including Towers
S
S
Antenna & Towers Less than 70 Ft. In Height & Ancillary to the Principal Use
P
P
Cellular & PCS Antennas
P
P
Amateur Radio Antennas (up to 90 ft.)
P
P
Wholesaing with No Outside Storage
P
Wholesaling Seafood with Water Frontage
P
Retail Trade
P
Automobile Service Station
P
Automobile Dealers & Truck Sales
P
Boat Dealers
P
Building Materials & Garden Supplies
P
Convenience Food Store
P
Drug Store
P
Eating & Drinking Places
P
Entertainment Establishments, Bars, Cabarets, in a Shopping Center
P
Farm Implement Sales
P
Food Stores
P
Fruit & Vegetable Stand Produced on Same
P
P
Parcel as Offered for Sale
P
P
Furniture, Home Furnishing & Equipment
P
General Merchandise Stores
P
Handcrafting Small Articles
P
Hardware
P
Landscaping Service
I
I P
Board of Commissioners Meeting
12/06/2010
7 -4 -1
Permitted Uses
R -20
B -2
Miscellanneous Retail
P
Mobile Home Dealers & Prefabricated Buildings
P
Retail Nurseries
P
Historic Restaurant
P
Banks, Credit Agencies, Savings & Loans
P
Automobile /Boat Repairs
P
Autombile Rentals
P
Barber /Beauty Shop
P
Bed and Breakfast Inn
S
Business Services Including Printing
P
Camping, Travel Trailer Parks
S
P
Drive -In Theatre
P
Dry Cleaning /Laundry Plant
P
Electrical Repair Shop
P
Equipment Rental & Leasing
P
Funeral Home
P
Golf Course
P
Hotels & Motels
P
Indoor & Outdoor Recreation Establishments
S
P
Indoor Theatre
P
Parks & Recreation Area
P
P
Personal Services
P
Resort Hotel /Motel
P
Stables
P
P
Septic Tank Vacuum Services
P
Watch, Clock, Jewelry Repair
P
Adult Day Care
S
Children's Day Care
S
P
Community Center
S
Hospital
S
Nursing Home/ Rehabilitation Center
S
Residential Care
P
Colleges, Universities, Professional Schools & Technical Institutions
S
Elementary & Secondary Schools
P
Libraries
P
P
Museums
P
Churches
P
P
Lodges, Fraternal & Social Organizations
S
P
Fraternities /Sororities, Residential
P
Accessory Buildings or Uses, clearly incidental to the Permitted Use or Building
P
P
Cemetaries
S
Christmas Tree Sales
P
Circuses, Carnivals, Fairs & Side Shows of No More than 30 Days Duration Per Year
P
Commercial Boating Facilities
S
Private Residential Boating Facilities
P
Demolition- Landscape Landfill
I P
I P
Board of Commissioners Meeting
12/06/2010
7 -4 -2
Permitted Uses
R -20
B -2
Duplexes
S
Dwelling Unit Contained within Principal Use
S
Evangelistic and Religious Assemblies not Conducted at a Church
P
P
Government Offices & Buildings
S
P
High Density Development Permitted Only Within Urban Tranistion Area
S
Home Occupation
P
Mobile Home
S
Mobile Home, Doublewide
P
Mobile Home Subdivision
S
Offices for Provate Business & Professional
P
Outdoor Bazaars Excluding Yard Sales
P
P
Pumpkin Sales
P
Principal Use Sign
P
Research Facilities
P
Residential Private Pier
P
Senior Living: Active adult retirement community or Independent Living
S
Senior Living: Assisted Living or Personal Care Facility
S
Senior Living: Continuing Care Retirement Community of Life Care Community
S
Single Family Dwelling
P
S
Single Family Dwelling- Attached
P
S
Special Fund raising for Non - Profit Organizations
P
P
Temporary Sign
P
P
Recycling Facilities -Small Collection
S
P
Recycling Facilities -Large Collection
S
P
Large Collection with Processing
S
Board of Commissioners Meeting
12/06/2010
7 -4 -3
NEW HANOVER COUNTY
PLANNING &INSPECTIONS
DEPARTMENT
ZONING MAP AMENDMENT
APPLtCATiON# Z — qO_I
230 Government Center Drive
Suite 110
Wilmington, NC 28403
9 10-798-7165 phone
910-798-7053 fax
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Tame Owner Name Address
Phillip Berman
H. Phillip Berman
5200 Castle Rayne Road
Company
Owner ae 2
Parcel I
0.110 - 010 - 003 -000
Address res
Address ress
Acreage/Square Feet
1703 Fontenay Place
1703 Fontenay Place
3.05 acre
cit St ate, zilp
Ci ty, State, zilp
.existing Zoning and Use
+ it in ton, N. C. 28405
Wilmington, N.
- � tora�e
Phone
Phone
Proposed Zoning and Use
910 - 256 -2141
910 - 256 -2141
-2 Upscale retail
Entail
Email
Land Classirication
betterobb@bellsouth.net
betterobb@bellsouth.net
Comm.Aquifer Resource Prot
SUBMISS R EOUIREMENTS
PLEASURE ARTICLE X1 of THE ZONING ORDINANCE PRIOR TO SUBMISSION
Petitions must be reviewed by Planning & Zoning f or completeness prior t o acceptance. You are encouraged t consult. with
Planner prior to submission. For Petitions involving five 5 acres or less a fee of $400.00 will be charged; for those of more
than five 5 acres a fee of $600.00 will be charged. This fee, - payable to Now Hanover County, MUST accompany this
petition. The following supplemental information is required:
1. One copy o f the New Hanover County Tax Map, which delineates the property requested for rezoning.
2 . :Legal description by metes and bounds of property requested for rezoning.
3 . Copy of the subdivision map or recorded plat which delineates the property.
4 . Applicant's answers to the questions on this application.
5. Authority for appointment of agent form (if applicable)
6. `verify that no zoning action has taken place on any portion f the property within the past 12 months (consult with
staff).
7. Any special requirements of the ordinance (For example, Section. 53.5 for Planned Development District, Section 53.6
Exceptional Design Zoning District or Section 59.9 Ri erfro t Mlx d 'Use District).
8. Report on Community information ,meeting (see Section 111-2. 1) if applicable.
REVIEW PROC
Petitions for change of zoning are first referred to the New Hanover County Planning Board and then acted upon by
the New Hanover County Board of Commissioners. Certain specialIzed districts l iverfront Mixed Use, Planned
Development, and Exceptional Design Zoning District) may require review b y the Technical Review Committee (TRQ prior
to application submission.
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Complete petitions and supplementary information must be reviewed and accepted by Planning & Zoning twenty
working days before the Planning Board meeting to allow adequate time for processing and advertisement as required
by the North Carolina General Statutes.
Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at
5:30PM in the Commissionees Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington,
North Carolina.
If the Planning Board approves your petition, the request will automatically be referred to the Board of County
Commissioners. If your petition is denied, you may appeal to the Board of Commissioners. Planning & Zoning can advise you
regarding appeal proced ures. Please rote there is a 12 -month wait required between subsequent rezoning requests on the same
parcel or any part of it, (reference Section I 11 -30.
The owner /applicant and or authorized. agent should plan to attend all meetings at which this request will be heard.
WHAT YOU MUST ESTABLIS
OR A CHANGE OF ZONING
Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals, The
North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan.
The governing board is required to adopt statements that the change is or is not consistent, reasonable, and in the
public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your
request satisfies each of the following requirements: (Fill in below or attach additional pages).
1. How would the requested Change be consistent with the County's Policies for Growth and Development?
This parcel of land is a part of a 10 +/- acne tract located on the most visible corner
(at the intersection of Highway #132 and Highway 117) on the Commercial Corridor as shown
on the approved Land Use Plan for Castle Hayne. In this plan the entire 10 acres is
included in the inner circle and is considered the commercial center of the community. This
3.05 acre tract needs to be rezoned B-2,as is the remainder of the 10 acne tract, to allow
for new retail space and up to date construction and planning, which the current plan aims
to promote.
2. How would the requested zone change be consistent with the property's classification on the Land Cl ssi i atiow
Map?
This 3.05 tract of land is classified as Community Aquifer Resource Protection as is the
remainder of the above mentioned 10 acres and any construction and infrastructure on this
parcel as well as the remainder of the 10 acre tract will be new and approved by the New
Hanover County Planning Department assuring it will comply with present rules and
Regulations.
11, What significant neighborhood changes have occurred to make the original zoning inappropriate, or hover is the land
-1 involved unsuitable for the uses permitted under the existing zoning?
This parcel is no longer used as residential. It is used for storage only, my family
started buying this 10 acre tract of land over thirty gears ago first starting with
Hanover Oil a convenience store at 5219 North College R oad, then 5232 Castle Hayne Road.,
next 5229 Castle Hayne Road, and last 5212 Castle Hayne load and 5200 Castle Mayne Haag.
Some of the land was commercial at the time the land was purchased John Be rman, now
deceased, applied for rezoning oning and was granted B -2 on 5229 Castle Hayne Road and 5212
Castle Hayne Road. 5200 Castle Hayne Road is still R-20. if we are going to be successful
finding a developer to build the ]rind of retail center that is outlined in the Land Use
Plan for C astle Rayne, we need B -2 for 5200 Castle Hayne Road.
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12/06/2010
7 -5 -2
4 . How will this charge of zoning serge the public interest?
The Castle Mayne Community Lana Use Play for the utu - growth of the ast . e Hayne Community
created by the New Hanover County Planning Department wits the assistance from the residents
and Business owners in Castle Hayne shows this 10 acre tract should all be a commercial site
with greenspace and I wholeheartedly agree.
In signing this petition, I understand that the existing zoning neap i s presumed to be correct and that I have the
burden of proving why a change is 'in the public interest. I further understand the singling out of one parcel of lard for
special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal.
certify that this application is complete and that all information presented Iin this application is accurate to the best of
.y knowledge, information, and belief.
Signature of P ti loner and /or Property Owner
H . Phillip Berman
Print Name
'age 3 of 3
ZMA -05/ 10
Board of Commissioners Meeting
12/06/2010
7 -5 -3
(5 mr ad) a tt.net Mai tt r (a lls ut . t
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12/06/2010
7 -6 -1
Castle Hayne Zoning.jpg
New Hanover County Punning Board
Government Center
Wilmington,, N. C.
Tlnis is my a uthorizatio n for Bette Robb to address a ny a nd a II question wh ich might be asked by the
Planning Board concerning the rezoning of 5200 Castle Hayne Bond at the up conning meeting and any
subsequent meetings including the County Commissioners, since she has been involved in the
a quisition f this property and all the rest o f the 10 acre tract.
K Phillip Berman
ctobe r 6.. 2010
c
Board of Commissioners Meeting
12/06/2010
7 -6 -2
Board of Commissioners Meeting
12/06/2010
7 -6 -3
In order to facilitate new and improved development as desired by the community, it is
likely that zoning district changes must occur. A new district ie will be recommended for
approval that will set up the design standards and use preferences described 'n the plan*
The following illusion shows a example o ' new land se neap designed y Chore -me y
Ii HIII
Board of Commissioners Meeting
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7 -6 -4
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 6, 2010
REGULAR
ITEM: 8
DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Conditional Rezoning Request (Z -908, 11 /10) - Request by Thomas H. ,Johnson, ,Jr. with Nexsen Pruet,
PLLC and Ryan Foster with Flournoy Development, on Behalf of Bayshore Estates, Inc., to Rezone
26.61 Acres at 7910 Market Street from B -2 Commercial District and R -15 Residential District to CD
(R -15) Conditional District for the Purpose of Developing a High Density 270 -Unit Apartment
Complex
BRIEF SUMMARY:
At its November 4, 2010 meeting, the Planning Board voted 5 -0 to recommend approval of the CD R-
15 rezoning. Several residents of neighboring subdivisions, including Bay Shore Estates, Marymount
Townhomes, and Marsh Oaks, spoke in opposition, citing traffic and safety concerns, as well as stormwater
and future buffering concerns, lighting, and potential smells from the trash compactor.
The site is classified as Transition and Watershed Resource Protection on the 2006 CAMA Land
Classification Map.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION #1 NEEDED: (Approve, deny, continue)Adopt a statement in accordance with NCGS 153A-
341 which requires that "Prior to adopting or rejecting any zoning amendment, the governing board
shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan
and explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -15 and B -2
Commercial District to Conditional District CD(R -15) as described is:
1. Consistent with the purposes and intent of the Transition and Resource Protection
classification in the 2006 CAMA Land Use Plan.
2. Reasonable and in the public interest to rezone 5.5 acres of B -2 commercial property
and combining it with 21.1 acres of R -15 residential property in order to develop 270
high density residential apartment units when all infrastructure connections and
improvements are installed, and subject to the site plan for the companion special use
permit.
ACTION # 2 NEEDED:
1. Motion to Approve based on the findings of fact (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation
(Specify)
Board of Commissioners Meeting
12/06/2010
8 -0
3. Motion to Deny based on specific findings in any of the 4 categories above, such as lack
of consistency with adopted plans or determination that the project will pose public
hazards or will not adequately meet requirements of the ordinance.
ATTACHMENTS:
Z -908 Staff Summary
Z -908 Petition Summary
Z -908 Adjacent Property Owner Map
Z -908 Application Package & Site Plan
Z -908 Concept Plan
Z -908 TIA No Appendices
Z -908 TIA Letter of Approval
Z -908 Letter of Objection
Z -908 Baehmann Objection Photos
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
The rezoning was denied 3 -2, Vice - Chairman Thompson and Commissioners Davis and Berger voting in
opposition.
A motion to reconsider was approved 5 -0.
A motion to bring the item back to the Board on February 7, 2011 was approved 5 -0.
Board of Commissioners Meeting
12/06/2010
8 -0
CASE: Z -908, 11 /10
PETITIONER:
REQUEST:
ACREAGE:
LOCATION:
LAND CLASS:
Thomas H. Johnson, Jr. with Nexsen Pruet, PLLC on
behalf of Bayshore Estates, Inc.
From R -15 and B -2 to CD(R -15) for high density
residential- 270 units
Approximately 26.6 acres
7910 Market Street
Transition and Watershed Resource Protection
PLANNING BOARD ACTION: At its November 4, 2010 meeting the Planning Board
voted 5 -0 to recommend approval of the CD R -15 rezoning. Several residents of
neighboring subdivisions, including Bay Shore Estates, Marymount Townhomes, and
Marsh Oaks, spoke in opposition, citing traffic and safety concerns, as well as stormwater
and future buffering concerns, lighting, and potential smells from the trash compactor.
STAFF SUMMARY
The subject property is located in the northern portion of the county in an area classified
as Transition and Watershed Resource Protection on the 2006 CAMA Land
Classification map.
The property is accessed from Market Street, an urban principle arterial roadway and
Marsh Oaks Drive, a collector street. Traffic counts on Market Street, slightly North of
the proposal between Sweetwater Dr and Market St, have decreased from 38,689 (2009)
to 34,850 (2010). Market Street has a 2007 LOS of F, meaning traffic counts exceed the
capacity of the roadway by a multiplier of two or more. Historical traffic counts and
planning levels of service are not available for Marsh Oaks Drive.
A comprehensive study of the Market Street Corridor has recently been completed and is
now filtering into the decision - making process. If adopted, the study recommendations
provide for better coordination of transportation and land use in the corridor to increase
safety and improve the character of the corridor. This proposal is located in a designated
"focus area" within the study. However, staff has not relied on the study in our analysis
because it has not been officially endorsed at this point.
The property is bordered on the north and west by Marsh Oaks Drive, Market Street and
an outparcel containing commercial uses. To the east is a combination of townhomes and
single family dwellings.
Z -908 (11 /10)
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The subject property is located in the Pages Creek watershed drainage area which is
classified SA: HQW 303(d). There are a variety of soils located on site, including: Class I,
Kureb and Rimini soils, with suitable /slight limitation; Class III, Lynn Haven Fine Sand
and Leon soils, imposing severe limitations, requiring modification and intensive
maintenance; and Class IV, Dorovan soils, which are unsuitable.
Land Use Plan Considerations:
Conditional districts are designed for firm development proposals and require site
specific plans to be approved as special use permits, thus providing maximum protection
and predictability. In this case, the conditional district serves to consolidate the
underlying zoning designations as relates to the high density proposal. Anticipated build -
out of the project is 2014.
The 2006 CAMA Land Use Plan describes the purpose of the transition class as
providing for future intensive urban development on lands that have been or will be
provided with necessary urban services. The location of these services is based upon
land use planning policies requiring optimum efficiency in land utilization and public
service delivery.
Residential development can exceed the 25 percent impervious surface limit and density
limits of 2.5 units per acre within the Transition area provided the development is
adequately designed to be compatible with existing and proposed surrounding land uses
and is served by:
1. Sewer -the development shall be served by City or County sewer systems.
2. Municipal or County water system- the development shall be served by City or
County water systems or a private water system constructed in accordance with
City of Wilmington standards.
3. Direct access to a minor arterial or larger access road, as classified under the
Wilmington Metropolitan Roadway Functional Classification Map -the
development may be required to fully provide or to share in the cost of the
provision of roadway improvements needed to adequately serve the proposed
development and community in general.
The site is located off Market Street and is currently vacant, wooded land with many
mature trees. The owner intends to subdivide the property to create an independent
commercial parcel of 3 acres at the intersection of Market Street and Marsh Oaks Drive.
The remaining 26.61 acres are proposed to be developed into a high density apartment
development. The Concept Plan shows 270 units total, consisting of a combination of
ninety -four (94) one bedroom; one hundred -thirty (130) two bedroom; and forty -six (46)
three bedroom.
The infrastructure to support the project is not yet in place. Applicant proposes to connect
the development to the Country Haven Pump Station; however, until current pump
Z -908 (11 /10)
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station upgrades are completed, additional capacity will not be available. The upgrade is
scheduled to be completed in the summer of 2011.
A traffic impact analysis (TIA) indicates trip generation of approximately 1,760 vehicles
per day, with a. m. peak hour trips at 136 and p.m. peak hour traffic around 166 vehicles.
At build -out, the analysis projects level of service (LOS) for westbound traffic at the
intersection of Marsh Oaks and Market Street to experience a change from LOS D to E in
both the morning and evening peaks hours. Other directional flows maintain LOS C or
above at buildout. Required improvements outlined in the approval of the TIA include:
1. Construction of a northbound right -turn lane on Market Street with 100 feet of
full storage with 50 feet of deceleration and taper to accommodate the
proposed Market Street drive;
2. Construction of a concrete median island on Market Street for a distance of
approximately 950 feet from the intersection of Market Street /Marsh Oaks
Drive and an additional 75 feet of painted island on Market Street;
3. Provide additional pavement near Mendenhall Drive to accommodate
southbound u -turn movements;
4. Provide right -of -way dedication for the right turn lane; and
5. Combine the two site driveways into a single access.
Staff supports the rezoning portion of the request because changing the strip of B -2
commercial to R -15 residential use is not in conflict with County land use policies and
because the additional acreage is needed in that location to provide adequate access to
Market Street with the least impact to wetlands and to Marsh Oaks Drive for important
secondary access.
ACTION #1 NEEDED: (Approve, deny, continue)
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a
statement describing whether its action is consistent with an adopted comprehensive
plan and explaining why the board considers the action taken to be reasonable and in
the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -15
and B -2 commercial district to Conditional District CD(R -15) as described is:
1. Consistent with the purposes and intent of the Transition and Resource Protection
classification in the 2006 CAMA Land Use Plan.
2. Reasonable and in the public interest to rezone 5.5 acres of B -2 commercial property
and combining it with 21.1 acres of R -15 residential property in order to develop 270
high density residential apartment units when all infrastructure connections and
improvements are installed, and subject to the site plan for the companion special
use permit.
Z -908 (11 /10)
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BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS IDENTIFIED THE
FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION
SPECIAL USE PERMIT:
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 utilities will serve the site. The CFPUA has stated that sewer capacity is
adequate to serve the 270 units but will not be accessible until an upgrade to the
Country Haven pump station is completed in the summer of 2011.
B. Fire Service is provided by the Ogden Fire Department.
C. The property is not located in a flood hazard area.
D. Stormwater control is subject to the requirements of the County's stormwater
ordinance and is proposed to be accommodated in ponds at various locations
around the site.
E. A traffic impact analysis (TIA) indicates trip generation of approximately 1,760
vehicles per day, with a.m. peak hour traffic of 136 vehicles and p.m. peak hour
traffic around 166 vehicles. At build -out, westbound level of service is projected
to decline from existing LOS D to LOS E.
F. Approval of the TIA outlines a variety of roadway improvements that will be
required to mitigate negative impacts of the proposal.
G. There will be two driveways to access the property; one from Market Street,
restricted to right in -right out only and the other from Marsh Oaks Drive.
H. The project is located in the Pages Creek drainage area. Pages Creek is classified
as SA: HQW 3 03 (d)
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The 26.6 acre site is currently undeveloped land with zoning being a combination
of approximately 21.1 acres of R -15 residential and approximately 5.5 acres of
B -2 commercial. Based on the existing residential acreage, the maximum density
permitted by right for this property would be 53 units (2.5 units per acre).
B. This request is made concurrent with conditional rezoning to CD(R -15), rezoning
5.5 acres from B -2 commercial to add to the existing 21.1 acres of R -15
residential for high density residential development of 10.2 units per acre (270
apartment units).
C. Conditional zoning districts are designed for firm development proposals and not
for tentative development. The stated goal of this project is for build -out by 2014.
D. The required community information meeting for this proposal was on October 4,
2010. A second community meeting was voluntarily provided on October 27,
2010 to further discuss comments from the first meeting and to include a wider
array of community members.
E. A traffic impact analysis has been provided.
F. Parking is proposed at 576spaces, which includes two (2) spaces per apartment
unit and an additional 8 spaces for office use, plus 28 spaces for the clubhouse
area.
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G. Buffers on the site plan are consistent with Sec. 67 -4(4), the Conservation
Overlay District, and the Special Highway Overlay District.
H. Open space is proposed at about 16.3acres or 61.3 %, which exceeds the
minimum requirement of 35%.
I. Improved recreational space is proposed at about 6.7 acres or 25.2 %, which
exceeds the minimum requirement of 15 %.
J. Final review and approval by the Technical Review Committee must be
completed prior to commencing any development activity on the site.
3. The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. At the November Planning Board meeting, adjacent property owners expressed
an opinion that the project would injure the value of their property; however, an
opinion was offered by a certified real estate appraiser that the proposal would
not have a negative impact on adjacent residential property values.
B. Surrounding property includes townhomes, single family residential and
commercial development.
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 Update of the Joint CAMA Plan encourages higher density
development to be located in urban transition areas where public services are
already in place. It also recommends preservation of conservation areas, such as
Watershed Resource Protection.
B. This parcel is located within two land classifications. The majority of the
property is located within the Transition classification, which was created to
provide for future intensive urban development on lands that have been or will be
provided with necessary urban services. A small southeastern portion of the
property is classified as Watershed Resource Protection, which is a subclass that
occurs along the tidal creeks and is defined as the area within 1 /2 mile of the 100 -
year flood plain for those creeks.
C. At the November Planning Board meeting, home owners from the surrounding
area expressed their opinion that the proposal was not compatible with their
single- family neighborhoods.
Staff Comments:
Staff feels the special use findings for high density residential use are positive
subject to final approval by the Technical Review Committee and subject to installation
of all traffic improvements outlined in the November 12, 2010 letter of approval for the
Traffic Impact Analysis. The improvements are designed to mitigate the impacts of
additional traffic in the area and will be consistent with existing plans for improvements
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8 -1 -5
along Market Street. The proposal meets the technical standards for high density of 10.2
units per acre in an R -15 zoning district situated in a Transition land classification.
Buffers on the concept plan are designed to mitigate visual impacts on adjoining
properties and are consistent with Landscaping Sec. 67 -4(4), the Conservation Overlay
District Sec. 59.4, and the Special Highway Overlay District Sec. 59.6.
ACTION # 2 NEEDED:
1. Motion to Approve based on the findings of fact (with or without conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific findings in any of the 4 categories above,
such as lack of consistency with adopted plans or determination that the
project will pose public hazards or will not adequately meet requirements of
the ordinance.
Z -908 (11 /10)
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Board of Commissioners Meeting
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8 -1 -6
Case: Z -908 (11 /10)
Rezone 26.61 acres from R- 15 /B -2 to CD (R -15)
Petition Summary Data
7910 Market Street
Owner/Petitioner: Thomas H. Johnson, Jr. (Nexsen Pruet) and Ryan Foster (Flournoy) on
behalf of Bayshore Estates, Inc.
Existing Land Use: Residential /Commercial
Zonin _ History: Area 8B (July 7, 1972)
Land Classification: Transition and Watershed Resource Protection
Water Type: Public
Sewer Tyke: Upgrading Country Haven Pump Station (Summer 2011) and will provide
Public sewer
Recreation Area: Ogden Park
Access &Traffic Volume: Market Street (urban principle arterial) The ADT on Market Street,
slightly North of the proposal between Sweetwater Dr and Market St, have decreased from
38 (2009) to 34,850 (2010).
Fire District: Ogden Fire Department (OFD)
Watershed &Water Quality Classification: Pages Creek; SA: HQW 303(d)
Aquifer Recharge Area: A shallow water -table sand aquifer and underlying artesian
aquifer containing fresh water over salty water.
Conservation /Historic /Archaeological Resources: Front portion of property is located in
the Special Highway Overlay District (S.H.O.D).
Soils: Dorovan soils, Leon sand, Lynn Haven fine sand, Rimini sand, 1 to 6 percent
slopes, and Kureb sands, 1 to 8 percent slopes.
Septic Suitability: Kureb and Rimini sands are Class I soils with suitable /slight
limitation; Lynn Haven fine sand and Leon soil are Class III soils and have severe
limitations; requiring extensive modification and intensive maintenance; and Dorovan
soils are Class IV and are Unsuitable.
Schools: Blair Elementary School
Board of Commissioners Meeting
12/06/2010
8 -2 -1
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F1 M THOMAS & HUTTON
Engineering I Surveying I Plonning I GIS I Consulting
To: Ms Jane Daughtridge
New Hanover County Planning
Letter of Transmittal
Date: October 7, 2010
Job 22667.300
Re: Am berleigh Shores
7910 Market Street
Hand
WE ARE SENDING YOU THE FOLLOWING ITEMS (Zattached) E] under separate cover via delivery )
F]Shop Drawings F P ri n ts El Plans El Samples El Specifications
F Copy of Letter E] Change Order Z Other:
As Listed Below
Cop ies
Date
Descri tion
1
Conditional Use Zoning District Application wlre uired documents see a pp)
10
24x36 Concept Plan sheets 2 of 2, revision date 1017110
10
11 xl 7 Color Rendering of Site Plan
THESE ARE TRANSMITTED AS CHECKED BELOW:
For Approval El Approved as Submitted El Resubmit Copies for Approval
F For Your Use E] Approved as Noted [:1 Submit Copies for Distribution
F As Requested F Returned for Corrections F Return Corrected Prints
F For Review and Comment
Remarks
Please accept the enclosed application and supporting documents in addition to the digital submittal
emailed to your attention today. We respectfully request this item be placed on the November 4, 2010
Planning Board Agenda. Feel free to contact us if you have any questions or need any additional
information. Thanks in advance for your time and assistance.
Copy to Ryan Foster; Flournoy Development (pdf) Signed
Thomas H. Johnson, Jr. / Nexsen Pruet (pdf) Brian Riley
219 Station Road, Suite 101B6aW1atqN'X9Ae49j 910.332.33601 Fax 910.332.3361
12/06/2010
8 -4 -1
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Name owner Name Address
Thomas H. Johnson, Jr.
Bayshore Estates, Inc.
7910 Market Street
Company
Owner Name 2
Parcel ID
Nexsen Pruet, PLLC
R03600 - 005 - 020 &022 - 000
Address
Address
Area
PC Box 30188
PC Box 3649
26.61 acres
City, State, Zip
City, State, Zip
Existing Zoning and Use
Raleigh, NC 27622
Wilmington, NC 28406 - 0649
B - 2 & R 15/undeveloped
Phone
Phone
Proposed Zoning and Use
919 786 - 2764
Conditional Use
Email
Email
Land Classification
tjohnson @nexsenpruet.com
Transition
SUBMISSION REQUIREMENTS
PLEASE READ ALL OF SECTION 59.7 OF THE COUNTY ZONING ORDINANCE PRIOR TO SUBMITTING
YOUR APPLICATION!
Petitions must be reviewed by Planning & Zoning for completeness prior to acceptance. For petitions involving five (5) acres or
less, a fee of $400.00 will be charged; for those of greater than five (5) acres a fee of $600.00 will be charged. This fee, payable
to New Hanover County, MUST accompany this petition.
In addition to the attached site plan check list, the following supplemental information is required:
►/ 1. Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning.
,/ 2. Legal description (by metes and bounds) of property requested for rezoning.
3. Copy of the subdivision map or recorded plat which delineates the property NOTE: Will be recorded in the future.
M 4. Site Plan as outlined in section 59.7 -3 (2). For plans larger than 1 1x17, please provide ten (10) copies for the Planning
Board meeting. You will be asked for an additional thirteen (13) copies of your site plan if your proposal moves
forward to the County Commissioners. Also, please include one (1) reduced copy of the site plan. Digital submission
may be substituted when accurate scaling can be assured.
05. Authority for Appointment of Agent form (if applicable). The owner or authorized agent is required to attend the
Planning Board meeting. The owner or an attorney is required to attend the County Commissioners meeting.
►/ 6. Requirements of Article VII for the companion special use permit.
V 7. Applicant's answers to the questions on this application.
S. Signed site plan check list.
9. A report of the required public information meeting outlined in Section 111 -2.1.
REVIEW PROCEDURES
Petitions for conditional change of zoning are first referred to the New Hanover County Planning Board and then acted
upon by the New Hanover County Board of Commissioners.
Complete petitions and all supplementary information must be accepted by Planning & Zoning twenty (20) working
days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North
Carolina General Statutes.
Page I of 4
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Board of Commissioners Meeting
12/06/2010
8 -4 -2
Planning Board meetings are held at 5:30PM in the Commissioner's Assembly Room in the Old County Courthouse, at
Third and Princess Streets, Wilmington, North Carolina, on the first Thursday of each month.
If the Planning Board approves your petition, the request will automatically be referred to the Board of County
Commissioners. If your petition is denied, you may appeal to the Board of Commissioners. Planning & Zoning can advise you
regarding appeal procedures.
Uses and Development Requirements: Within a Conditional Use District, no use is allowed except by Special Use
Permit. The permit may specify additional conditions and requirements, which represent greater restrictions on development and
use of the tract than the corresponding General Use District regulations, or other limitations on land which may be regulated by
state law or local ordinance. Such conditions and requirements shall not specify ownership status, race, religion, character or
other exclusionary characteristic of occupant, shall be objective, specific and detailed to the extent necessary to accomplish their
purpose, and shall relate rationally to making the permit compatible with the New Hanover County Land Use Plan, the
requirements for a Special Use Permit and other pertinent requirements of the Zoning Ordinance, and to securing the public
health, safety, morals, and welfare.
WHAT YOU MUST ESTABLISH
FOR A CHANGE OF ZONING
Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the
New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning
classifications which would allow that use are acceptable. You must explain in the space below how your request satisfies each
of the following requirements: (attach additional sheets if necessary)
1. How would the requested change be consistent with the County's Policies for Growth and Development?
The majority of the subject property is zoned R -15. A portion of the property at the
corner of Market Street and Marsh Oaks Drive is zoned B -2. The owner intends to
subdivide the property to create an independent commercial parcel of 3 acres at the
intersection. The remaining balance of 25.61 acres is requested to be zoned to
Conditional Use Zoning District which is consistent with the "Transition" Zone in the
LAMA Land Use Plan. High density development is an appropriate transition between the
existing multi/single family to the southeast and commercial uses along Market Street.
2. How would the requested zone change be consistent with the property's classification on the Land Classification
Map?
The property is in a Transition Zone as defined by the CAMA Land Use Plan which allows
for high density development in locations served by potable water and sanitary sewer.
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land
involved unsuitable for the uses permitted under the existing zoning?
R -15 does not allow for the higher density proposed. The infrastructure is in place to
allow for higher density development in a Transition Zone. Also, the adjacent property
to the southeast consists of existing multifamily and single family. The frontage on
Market Street is developing as commercial and the proposed zoning is an appropriate
transition from existing multifamily and single family to commercial.
4. List proposed conditions and restrictions that would mitigate the impacts of the proposed uses).
See Exhibit A, attached hereto and incorporated herein by reference.
Page 2 of 4
4/10
Board of Commissioners Meeting
12/06/2010
8 -4 -3
WHAT YOU MUST ESTABLISH
FOR A SPECIAL USE PERMIT
Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance
imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should
explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional
pages if necessary)
General Requirement #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."
See Exhibit A, attached hereto and incorporated herein by reference.
General Requirement #2
The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance.
See Exhibit A, attached hereto and incorporated herein by reference.
General Requirement #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."
See Exhibit A, attached hereto and incorporated herein by reference.
General Requirement #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."
See Exhibit A, attached hereto and incorporated herein by reference.
Page 3 of 4
4/10
Board of Commissioners Meeting
12/06/2010
8 -4 -4
SITE PLAN CHECKLIST (section 59.7 -3 (2))
Check each item to confirm that is included. The application will not be deemed complete without all items
being addressed.
r Tract boundaries and total area, plus location of adjoining land parcels and roadways.
Existing zoning of the tract and neighboring parcels and proposed tract zoning.
Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type
of units and site plan outlining area to be occupied by each structure and /or subdivided lot boundaries. For non-
residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will
occupy and the specific purpose for which it will be used.
Development schedule including proposed phasing.
Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way
dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location,
arrangement and access provision for parking areas.
All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage.
The one hundred (100) year floodplain line, if applicable
Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance.
r Any additional conditions and requirements, which represent greater restrictions on development and use of the tract
than the corresponding General Use District regulations, which are the minimum requirements in the Conditional Use
District, or other limitations on land which may be regulated by State law or Local Ordinance.
Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable).
By my signature below, I certify that I have read Section 59.7 of the Zoning Ordinance. I understand
and accept all of the conditions, limitations and obligations of the Conditional District zoning for which I am
applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have
the burden of proving why this requested change is in the public interest. I further understand the singling out
of one parcel of land for special zoning treatment unrelated to County policies and the surrounding
neighborhood would probably be illegal. I certify that this application is complete and that all information
presented in this application is accurate to the best of my knowledge, information, and belief.
Thomas H. Johnson, Jr., Attorney
SignaEu,ro"KPetitigdher Vndllr P/operty Owner Print Name
Page 4 of 4
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Board of Commissioners Meeting
12/06/2010
8 -4 -5
Exhibit A
to
Application for Conditional Use Zoning District
for
7910 Market Street
4. The proposed plan allows for a mix of multifamily and commercial uses contiguous
with the arterial roadway network. The plan will limit the main vehicular access on
Market Street to right -in, right -out only. The plan adheres to the setback and buffer
limitations of high density development adjacent to single family lots or structures. The
additional limitations and setbacks and landscaping will preserve the intent of the Special
Highway overlay District established for Market Street. There are no impervious
surfaces with exception of stormwater best management practices proposed in the portion
of the property designated as Watershed Resource Protection Area as illustrated in the
LAMA Land Use Plan.
General Requirement #1:
The project is located directly adjacent to an arterial roadway with multiple points of
ingress / egress. The primary point of access to and from the project will be to Market
Street from Marsh oaks Drive, a recently signalized intersection. Additionally, inbound
and outbound traffic through the proposed entrance from the project directly to Market
Street will be limited to right turn movements only. Potable water and sanitary sewer
will be provided by the Cape Fear Public Utility Authority and all applicable state and
local permits will be secured for the project prior to construction. The stormwater
management for the project will be consistent with rules and regulations established by
New Hanover County and the State of North Carolina. The development will be gated
for residents and visitors only. As a result, the project as proposed will not materially
endanger the public health or safety.
General Requirement #2:
The attached site plan demonstrates the project will adhere to the requirements of a high
density project in New Hanover County. In addition, the setbacks and landscaping for
the project will be in accordance with the Special Highway overlay District along Market
Street. The wetlands on the property have been delineated and verified by the US Army
Corps of Engineers. As shown on the plan, a small portion of the site is designated as
Watershed Resource Protection Area by the CAMA Land Use Plan. No impervious
surfaces with exception of stormwater best management practices are proposed for this
area. The project meets the required conditions of the Zoning ordinance.
Board of Commissioners Meeting
12/06/2010 NPRAL1:119522.1- DOC- (TJOHNSON) 047061 -00001
8 -4 -6
General Requirement #3:
The project will not substantially injure the value of adjoining or abutting property
because the proposed use is consistent with the surrounding uses and will provide a
transition from lower density multifamily and single family to existing commercial uses.
Such uses adjoin one another throughout New Hanover County without any substantial
injury to property values. The New Hanover County Zoning ordinance also provides
increased setbacks and buffers when multifamily is adjacent to lower density residential
in order to further protect property values.
General Requirement #4:
The property is bordered on the north and west by Marsh oaks Drive, Market Street and
an outparcel containing an assortment of commercial buildings. To the east is
predominately townhome dwellings in Marsh oaks and several single family dwellings.
Higher density development is an appropriate transition between lower density residential
and more intense commercial uses. Likewise, the CAMA Land Use Plan identifies that
residential development may exceed the minimums for "Transition" area thresholds if
municipal water and sewer is available to the site and if there is access to a minor arterial
or larger access road. Market Street is identified as an Urban Principal Arterial.
Increased setbacks and buffers are applied adjacent to single family residences and
platted lots in keeping with the high density requirements of New Hanover County
Zoning ordinance. Additionally, this project otherwise meets the requirements of the
Zoning Ordinance. Therefore, the project will be in harmony and general conformity
with the land use plan for New Hanover County.
Board of Commissioners Meeting
12/06/2010 NPRAU :119522.1- DOC- (TJOHNSON) 047061 -00001
8 -4 -7
NeAk," Fkinover G,
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Ow"'te'll. Addre!5s Parcel I'D A d v a n (:,c, d
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PARIM, R,03600-005-020-000
BAYSHORE ESTATES INC 7910 MARKETST
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Data Cop i `lhnnev Hanovo--�r l'=lG!.-[nt I Disclainr�ep I FPrivac- Pol[,o.-, t, ast Ljpdated Y 210 10
5 t to De s 0,,- (--a y r I a 1, i t, 1,999 9, 0 06 06, A k a r'l a G U ) L x11, r i y , h t s rve d
Board of Commissioners Meetin
12/06/2010
10
atmlet,,=v 0(
L L
Last GIB al a Update: J an =200 a
Amberleigh Shores (AKA Bayshores, Estates, Inc.
Tax Parcel RO36OO- 005 - 020 -000 & RO36OO- 005 - 022 -000
26.569 Acres to be Rezoned per Submission
ALL AND SINGULAR, ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND WITH ANY IMPROVEMENTS THEREON; SITUATE, LYING AND
BEING IN HARNETT TOWHSHIP, COUNTY OF NEW HANOVER, STATE OF NORTH CAROLINA; BEING BOUNDED ON THE NORTH BY MARSH
OAKS DRIVE HAVING A VARIABLE RIGHT -OF -WAY, ON THE EAST BY MARYMOUNT TOWNHOMES, HOA, INC., CAPE FEAR PUBLIC UTILITY
AUTHORITY, MARYMOUNT TOWNHOMES HOA, INC, et al, DALE F. & SUSAN E. BAEMANN, JAMES S. & PATRICIA L. MANGUM, JENNIFER
BLYTHE & BOBBY PRETELLE HOLT, SR., AND SARA S. REHREY, ON THE SOUTH BY DORIS RIGGS SMITH, ESTHER F. LEE, AND E & B JONES, LLC,
ON THE WEST BY MARKET STREET (U.S. HIGHWAY 17) HAVING A 100' RIGHT -OF -WAY, WILLIAM Q. & ROBIN S. GOODMAN, JAMES S. &
BARBARA W. FURR, BAYSHORE ESTATES, INC., A NORTH CAROLINA CORPORATION, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT AN ALUMINUM MONUMENT STAMPED "MO -1 7 -08" LOCATED WITHIN THE EASTERN EDGE OF RIGHT -OF -WAY OF MARKET
STREET AND NORTH WESTERN RIGHT -OF -WAY OF MARSH OAKS DRIVE, HAVING A NORTH CAROLINA STATE PLANE GRID COORDINATE OF
NORTH 198,893.41, EAST 2,362,381.39; THENCE A BEARING OF S 27 0 43'47" W, A DISTANCE OF 6.49 FEET TO A 5/8" IRON REBAR SET AND THE
POINT OF BEGINNING; THENCE ALONG THE SOUTHERN EDGE OF MARSH OAKS DRIVE VARIABLE PUBLIC RIGHT -OF -WAY A BEARING OF S
80 0 50'37" E, A DISTANCE OF 44.40 FEET TO A 5/8" IRON REBAR SET; THENCE A BEARING OF S 37 0 04'05" E, A DISTANCE OF 74.59 FEET TO A 5/8"
IRON REBAR SET; THENCE ALONG A CURVE TO THE LEFT, A CHORD BEARING OF S 47 0 09'35" E, A CHORD DISTANCE OF 249.87 FEET, (DELTA=
20 RADIUS= 713.00 FEET, ARC= 251.17 FEET) TO A 5/8" IRON REBAR SET AND POINT OF BEGINNING; THENCE ALONG A COMPOUND
CURVE TO THE LEFT, A CHORD BEARING OF S 62 °11'01" E, A CHORD DISTANCE OF 122.60 FEET, (DELTA= 09 °51'52 ", RADIUS= 713.00 FEET, ARC=
122.75 FEET); THENCE ALONG A COMPOUND CURVE TO THE LEFT, A CHORD BEARING OF S 68 0 19'19" E, A CHORD DISTANCE OF 30.02 FEET,
(DELTA= 2 0 24 1 45 ", RADIUS= 713.00 FEET, ARC= 30.02 FEET) TO A 5/8" IRON REBAR SET; THENCE A BEARING OF S 68 0 55'06" E, A DISTANCE OF
30.92 FEET TO A POINT; THENCE A BEARING OF S 68 0 55'06" E, A DISTANCE OF 69.22 FEET TO A 5/8" IRON REBAR SET; THENCE ALONG A CURVE
TO THE LEFT, A CHORD BEARING OF S 73 0 5638" E, A CHORD DISTANCE OF 87.48 FEET, (DELTA= 9 0 28'04 ", RADIUS= 530.00 FEET, ARC= 87.58 FEET)
TO A 5/8" IRON REBAR FOUND, HAVING A NORTH CAROLINA STATE PLANE COORDINATE OF NORTH 198,522.66, EAST 2,362,964.21; THENCE
LEAVING SAID EDGE OF MARSH OAKS DRIVE RIGHT -OF -WAY ALONG THE LANDS OF MARYMOUNT TOWNHOMES HOA, INC. A BEARING OF S
41 W, A DISTANCE OF 146.69 FEET TO A 5/8" REBAR SET; THENCE ALONG THE LANDS OF CAPE FEAR PUBLIC UTILITY AUTHORITY A
BEARING OF N 48 0 16'33" W, A DISTANCE OF 107.17 FEET TO A POINT; THENCE A BEARING OF N 48 0 16'33" W, A DISTANCE OF 55.66 FEET TO A 5/8"
IRON REBAR SET; THENCE A BEARING OF S 86 0 4336" W, A DISTANCE OF 11.84 FEET TO A POINT; THENCE A BEARING OF S 86 W, A
DISTANCE OF 61.21 FEET TO A 5/8" IRON REBAR SET; THENCE A BEARING OF S 41 W, A DISTANCE OF 150.00 FEET TO A 5/8" IRON REBAR
SET; THENCE A BEARING OF S 48 E, A DISTANCE OF 214.48 FEET TO A 5/8" IRON REBAR SET; THENCE ALONG THE LANDS OF
MARYMOUNT TOWNHOMES HOA, INC. A BEARING OF S 38 °13'51" W, A DISTANCE OF 124.28 FEET TO A POINT; THENCE A BEARING OF S
42 0 47'04" W, A DISTANCE OF 22.05 FEET TO A POINT; THENCE A BEARING OF S 42 0 47'04" W, A DISTANCE OF 168.39 FEET TO A POINT; THENCE A
BEARING OF S 36 0 4245" W, A DISTANCE OF 33.50 FEET TO A POINT; THENCE A BEARING OF S 30 0 21'37" W, A DISTANCE OF 35.26 FEET TO A
POINT; THENCE A BEARING OF S 30 0 5726" W, A DISTANCE OF 246.25 FEET TO A POINT; THENCE A BEARING OF S 21 0 5754" W, A DISTANCE OF
16.55 FEET TO A POINT; THENCE A BEARING OF S 00 °52'51" W, A DISTANCE OF 42.97 FEET TO A POINT; THENCE A BEARING OF S 04 " E, A
DISTANCE OF 19.95 FEET TO A POINT; THENCE ALONG THE LANDS OF MARYMOUNT TOWNEHOMES HOA, INC., et al A BEARING OF S 04 " E,
A DISTANCE OF 21.16 FEET TO A POINT; THENCE A BEARING OF S 06 0 05'56" W, A DISTANCE OF 34.50 FEET TO A POINT; THENCE A BEARING OF
S 31 W, A DISTANCE OF 41.71 FEET TO A 5/8" IRON REBAR SET, HAVING A NORTH CAROLINA STATE PLANE COORDINATE VALUE OF
NORTH 197,587.75, EAST 2,362,332.28; THENCE A BEARING OF S 58 0 02'59" E, A DISTANCE OF 57.91 FEET TO A POINT; THENCE A BEARING OF S
55 0 25'42" E, A DISTANCE OF 31.23 FEET TO A POINT; THENCE A BEARING OF S 57 0 34'03" E, A DISTANCE OF 54.43 FEET TO A POINT; THENCE A
BEARING OF S 65 0 12'40" E, A DISTANCE OF 29.06 FEET TO A POINT; THENCE A BEARING OF S 75 °35'10" E, A DISTANCE OF 33.12 FEET TO A POINT;
THENCE A BEARING OF S 72 0 31'01" E, A DISTANCE OF 64.30 FEET TO A POINT; THENCE A BEARING OF S 65 °15'19" E, A DISTANCE OF 43.59 FEET
TO A 1/2" IRON REBAR FOUND, HAVING A NORTH CAROLINA STATE PLANE COORDINATE VALUE OF NORTH 197,452.13, EAST 2,362,612.49;
THENCE ALONG THE LANDS OF DALE F. & SUSAN E. BAEMANN A BEARING OF S 41 0 19'37" W, A DISTANCE OF 173.06 FEET TO A 1/2" IRON
REBAR FOUND; THENCE ALONG THE LANDS OF JAMES S. & PATRICIA L. MANGUM A BEARING OF S 41 W, A DISTANCE OF 70.08 FEET TO
A 1/2" IRON REBAR FOUND; THENCE ALONG THE LANDS OF JENNIFER BLYTHE & BOBBY PRETELLE HOLT, SR. A BEARING OF N 76 0 51'54" W, A
DISTANCE OF 267.15 FEET TO A 5/8" IRON REBAR SET; THENCE A BEARING OF S 13 °07'41" W, A DISTANCE OF 150.07 FEET TO A 5/8" IRON REBAR
FOUND; THENCE ALONG THE LANDS OF SARAH S. REHREY A BEARING OF S 31 °02'09" W, A DISTANCE OF 276.68 FEET TO A 5/8" IRON REBAR
FOUND, HAVING A NORTH CAROLINA STATE PLANE COORDINATE VALUE OF NORTH 196,947.04, EAST 2,362,015.05; THENCE ALONG THE
LANDS OF DORIS RIGGS SMITH A BEARING OF N 17 0 03'40" W, A DISTANCE OF 435.27 FEET TO A 1 1/2" IRON PIPE FOUND; THENCE A BEARING
OF S 72 °4423" W, A DISTANCE OF 100.70 FEET TO A 1 1/2" IRON PIPE FOUND; THENCE ALONG THE LANDS OF ESTHER F. LEE (TRACT 1 & 2) A
BEARING OF S 81 W, A DISTANCE OF 201.01 FEET TO A 5/8" IRON REBAR FOUND; THENCE ALONG THE LANDS OF ESTHER F. LEE (TRACT
3) A BEARING OF S 46 0 47'34" W, A DISTANCE OF 21.34 FEET TO A 1" IRON PIPE FOUND; THENCE ALONG THE LANDS OF ESTHER F. LEE (TRACT 1
& 2) A BEARING OF N 45 W, A DISTANCE OF 50.03 FEET TO A 3/4" IRON PIPE FOUND; THENCE ALONG THE LANDS OF ESTHER F. LEE
(TRACT B) A BEARING OF N 45 W, A DISTANCE OF 115.65 FEET TO A 1/2" IRON REBAR FOUND; THENCE ALONG THE LANDS OF E & B
JONES, LLC A BEARING OF N 45 0 03'39" W, A DISTANCE OF 325.14 FEET TO A 5/8" IRON REBAR FOUND, HAVING A NORTH CAROLINA STATE
PLANE COORDINATE VALUE OF NORTH 197,636.26, EAST 2,361,228.95; THENCE ALONG THE EASTERN EDGE OF MARKET STREET (U.S.
HIGHWAY 17) RIGHT -OF -WAY A BEARING OF N 42 0 34'40" E, A DISTANCE OF 1140.66 FEET TO A 5/8" IRON REBAR SET; THENCE ALONG THE
LANDS OF WILLIAM Q. & ROBIN S. GOODMAN A BEARING OF S 47 0 30'43" E, A DISTANCE OF 193.31 FEET TO A 3/4" IRON PIPE FOUND; THENCE A
BEARING OF S 47 0 30'43" E, A DISTANCE OF 6.49 FEET TO A CONCRETE MONUMENT WITH 1/2" IRON REBAR FOUND; THENCE ALONG THE LANDS
JAMES S. & BARBARA W. FURR A BEARING OF S 47 0 30'43" E, A DISTANCE OF 200.19 FEET TO A TALL 1" IRON PIPE FOUND; THENCE A BEARING
OF N 42 0 29'17" E, A DISTANCE OF 200.29 FEET TO A 5/8" IRON REBAR SET; THENCE A BEARING OF N 47 °30'43" W, A DISTANCE OF 39.70 FEET TO A
POINT; THENCE ALONG THE LANDS OF BAYSHORE ESTATES, INC., A NORTH CAROLINA CORPORATION A BEARING OF N 42 0 3446" E, A
DISTANCE OF 367.56 FEET TO A POINT AND POINT OF BEGINNING AND CONTAINING 26.569 ACRES + /- (1,157,360 SQUARE FEET).
Board of Commissioners Meeting
12/06/2010
8 -4 -9
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Board of Commissioners Meeting
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8 -4 -11
Authority for Appointment of Agent
Please note that for quasi-judicial proceedings, either the land owner or an attorney
must represent the case at its public hearing
The undersigned owner Bays Estates, Inc. does h appoint
Thomas H. Johnson, Jr
(Print or Type)
as his /her /its exclusive agent for the purpose of petitioning Now
(Print or Type)
Hanover County for a variance, special use permit, conditional use district, and /or an appeal of staff
decisions applicable to the property described in the attached petition.
1. To submit a proper petition and the required supplemental materials.
2. To appeal at public meetings to give representation and commitments on behalf of the owner.
3. To act on the owner's behalf without limitations with regard to any and all things directly or indirectly
connected with or arising out of any petition for an amendment applicable to the New Hanover County
Zoning Ordinance under Article XI therein.
This agency agreement shall continue in effect until written notice of rcvocation. by the owner is delivered
to New I anover County.
This the day of / D � , 20
Agent's Name, Address, Email & Telephone Signature of Owner (s)
(Print or Type)
Bayt Thomas H. Johnson, Jr.
William H. Cameron, President
Nexsen Pruet, PLLC
PQ Box 3 0 18 8 PO Box 3649
Raleigh, NC 27622 Wilmington, NC 28406 -0649
AAA 04/10
Board of Commissioners Meeting
12/06/2010
8 -4 -12
COMMUNITY MEETING
SUMMARY REPORT
FORO 0
AMBERLEIGH SHORES
NEW HANOVER COUNTY, NORTH CAROLINA
PREPARED FOR:
FLOURNOY DEVELOPMENT CO
J — 22267
October 5, 2010
PREPARED BY:
THOMAS & HUTTON ENGINEERING CO.
SAVANNAH,GEORGIA* BRUNSWICK, GEORGIA
C •MYRTLE BEACH, SOUTH CAROLINA
1g /06#4 } 3 tMINGTON, NORTH CAROLINA
�'�1
k Amberleigh Shores
7910 Market Street 10105110
pep%
Flovrnov Development Company J -22667
COMMUNITY MEETING SUMMARY
A community meeting was held at the office of Thomas & Hutton from 6:00pm — 8:00pm on
October 4, 2010 for the property owners within 100 feet of the proposed development. Becuase
approximately 33% of the townhomes within Marymount Townhome Association were within
the notifcation distance, the remainder of the townhome owners were invited as well. The list of
the property owners notified via US Postal Service, postmarked 9/27/2010, can be found
attached to this summary as Exhibit "B ". Additional notice was sent via electronic mail to the
"sunshine list" provided by New Hanover County and assumed current as of September 24,
2010.
The meeting was conducted informaly as a "drop -in" where residents could attend at their
convenience within the meeting hours. Four representatives from Flournoy and Thomas &
Hutton were on hand to discuss the plan. The land plan was displayed in three locations within
the open meeting room, along with aerial photgraphy of the site and presentation boards with
examples of completed Flournoy proj ects. Copies of 11 x 17 size colored renderings of the site
plan submitted to the County and overlaid with the aerial photgraphy were also given away as
requested. Approximately thirty residents attended and were asked when possible to fill out a
sign -in sheet with space made available for contact information and written comments.
Seventeen sheets were collected and attached to this summary as Exhibit "C ". Attendees were
encouraged to list their questions and concerns under the "Comments" section even if they were
addressed by one of the representatives. After review of the responses provided, the
representatives feel the ma j ority of questions and concerns raised were captured in writing, with
exception of some concern and questions about where stormwater discharge would be routed off
the site, and whether certain areas of the site would be "fenced."
The comments provided are all appreciated and considered important to us. The plan submitted
previously to County staff was revised for this application based on the community meeting to
segregate the buffer from the heavily vegetated drainage ditch easement along Marymount
property line. Our responses to many of the other comments have been addressed below in bullet
format and in no particular order:
• Signage will be located within the property at the entrances and will be designed in
accordance with New Hanover County standards;
• Stormwater ponds were not placed in the jurisdictional wetlands in order to minimize
impacts to jursidictional wetlands. Ponds are located in areas appropriate for capturing
runoff from impervious surfaces and near the outfall location of the main ditch that runs
along Marymount and turning east along beside the existing Marsh Oaks stormwater
pond;
• The garbage collection area will be enclosed compactor, situated in an enclosed fence.
The compactor will not have a negative impact to the adjacent Marsh Oaks Drive;
Pagel of 3
Board of Commissioners Meeting
12/06/2010
8 -4 -14
k Amberleigh Shores
7910 Market Street 10105110
pep%
Flovrnov Development Company J -22667
• The subject of adjoining property value impact is addressed in the Conditional Use
application;
• The car wash is an amenity planned for the project and will utilize potable water. The car
wash will not negatively impact the groundwater or aquifer;
• The New Hanover County Erosion Control Permit that will be required prior to land
disturbance activities will be conditioned on the applicant complying with Federal and
State Water Quality laws, regulations and rules. Section 6.84 of the "North Carolina
Erosion and Sediment Control Planning and Design Manual" provides criteria for dust
control practices during construction that must be adhered to. The adjoining properties
will not be negatively impacted by dust during construction of this project;
• The entrance from Marsh Oaks Drive will not include a deceleration lane unless required
by the Wilmington Metropolitan Planning Organization, (WMPO), or the North Carolina
Department of Transportation, (NCDOT);
• The driveway connection to Marsh Oaks Drive is requested due to its classification as a
NCDOT roadway, and to safely move traffic through the existing signalized intersection
and onto Market Street. The Traffic Impact Analysis, (TIA), submitted for review
demonstrates that the signal will continue to operate at an acceptable Level of Service at
build -out. The DOT will not allow left turn movement from the access directly on to
Market Street;
• Based on current NCDOT standards, relocating the proposed Market Street entrance
adjacent to the Jones Seafood Resturant driveway would not be acceptable due to
inadequate spacing and would also create an off -set intersection with Alexander Road.
Adequate driveway spacing can not be achieved due to the Jurisdictional Wetland
adjacent to Market St. A right turn into Amberleigh Shores at this location would also
overlap with the turn lane into Jones Seafood;
• U -turns are generally not encouraged on major roadways unless medians with directional
crossovers (with adequate turning radii or "bulb outs ") are provided;
• The proposed community will include a resort style amenity with upscale features and
swimming pool. It is unlikely that the residents of the new community will desire to
utilize Marsh Oaks pool;
• Potable Water and Sanitary Sewer will be permitted through Cape Fear Public Utility
Authority, (CFPUA), and North Carolina Department of Environment and Natural
Resources, (NCDENR). The permit process will confirm that the water and sewer
facilities have adequate capacity /pressure to serve the development;
• Construction traffic for transporting equipment and materials will not be allowed to
utilize Marsh Oaks Drive;
Page 2 of 3
Board of Commissioners Meeting
12/06/2010
8 -4 -15
k Amberleigh Shores
7910 Market Street 10105110
pep%
Flovrnov Development Company J -22667
• Fencing on the subj ect property will be provided in locations to be determined.
Locations will be determined based on, but not limited to, proximity to un- fenced
adjacent residential properties, widths of buffers proposed and adjacency of stormwater
facilities to adjoining properties;
• The stormwater system will be designed to meet the requirements of the State of NC and
New Hanover County. Between the dates of September 26 and September 30, 2010,
Wilmington experienced record setting rainfall totals according to the NOAA National
Weather Service Public Information Statement issued 7:40 PM EDT, Thu Sep 2010.
There were no known occurances of overtopping of roadways or flooding downsteam of
the project site from where the receiving ditch leaves the site until its terminus into the
un -named tributary of Pages Creek under Bayshore Drive.
This summary is provided based the requirements of Section 111 -2.1 of the New Hanover
County Zoning Ordinance entitled "Required community information meeting before
consideration," and as such, is made part of the application for Conditional Use Zoning for the
proj ect.
Page 3 of 3
Board of Commissioners Meeting
12/06/2010
8 -4 -16
EXHIBIT "B" 1 of 2
Owner
Owner Address
Property Address
ACCUTAX SERVICES INC
7890 MARKET ST WILMINGTON NC 28405
7890 MARKET ST WILMINGTON
AKEJU CAMILLE G
215 HILLIARD CT WILMINGTON NC 28411
215 HILLIARD CT WILMINGTON
APPLEBY ELIZABETH J
7771 MARYMOUNT DR WILMINGTON NC 28411
7771 MARYMOUNT DR WILMINGTON
BAEHMANN DALE F SUSAN E
617 GOLDENEYE CT WILMINGTON NC 28411
617 GOLDENEYE CT WILMINGTON
BAGGETT KIMBERLY B
7764 MARYMOUNT DR WILMINGTON NC 28411
7764 MARYMOUNT DR WILMINGTON
BARBER RICHARD T LINDA S
0 PO BOX 753 NAGS HEAD NC 27959
7760 MARYMOUNT DR WILMINGTON
BARR ZOCIA P
7743 MONARCH DR WILMINGTON NC 28411
7743 MONARCH DR WILMINGTON
BATTEN JENNIE M
1319 MILITARY CUT OFF RD WILMINGTON NC 28405
720 AQUARIUS DR WILMINGTON
BAYSHORE ESTATES INC
0 PO BOX 3649 WILMINGTON NC 28406
7900 MARKET ST WILMINGTON
BERGER STANLEY ELISSA
207 HILLIARD CT WILMINGTON NC 28411
207 HILLIARD CT WILMINGTON
BEST LINDA F
7759 MARYMOUNT DR WILMINGTON NC 28411
7759 MARYMOUNT DR WILMINGTON
BUSH CAROLE ANN
7749 MARYMOUNT DR WILMINGTON NC 28411
7749 MARYMOUNT DR WILMINGTON
BUYAN JUDITH A
724 AQUARIUS DR WILMINGTON NC 28411
724 AQUARIUS DR WILMINGTON
CAPE FEAR PUBLIC UTILITY AUTHORITY
235 GOVERNMENT CENTER DR WILMINGTON NC 28403
7858 RAINTREE RD WILMINGTON
CHRISTIANSEN CHRISTIAN JR
108 CHERRYWOOD TRL GREER SC 29651
7703 MARYMOUNT DR WILMINGTON
COLLINS TIMOTHY
205 HILLIARD CT WILMINGTON NC 28411
205 HILLIARD CT WILMINGTON
CONKLIN CANDACE A
73 CEDAR AVE 8 LONG BRANCH NJ 07740
728 AQUARIUS DR WILMINGTON
COTHREN EVADENE M
7739 MARYMOUNT DR WILMINGTON NC 28411
7739 MARYMOUNT DR WILMINGTON
DRIGGERS ROGER W JULIE A
713 AQUARIUS DR WILMINGTON NC 28411
713 AQUARIUS DR WILMINGTON
DUTTON KAREL H
7745 MONARCH DR WILMINGTON NC 28411
7745 MONARCH DR WILMINGTON
EAST CAROLINA BANK
0 PO BOX 337 ENGELHARD NC 27824
7961 MARKET ST WILMINGTON
ELGAR PROPERTIES LLC
7727 MARYMOUNT DR WILMINGTON NC 28411
7727 MARYMOUNT DR WILMINGTON
FARRAR CHARLENE R
7742 MARYMOUNT DR WILMINGTON NC 28411
7742 MARYMOUNT DR WILMINGTON
FISK MICHAEL A
7731 MARYMOUNT DR WILMINGTON NC 28411
7731 MARYMOUNT DR WILMINGTON
FITZ - SIMONS MICHAEL SEAN ANN S
0 PO BOX 4188 HOLLY RIDGE NC 28445
206 HILLIARD CT WILMINGTON
FOX WILLIAM E
716 AQUARIUS DR WILMINGTON NC 28411
716 AQUARIUS DR WILMINGTON
FREEMAN HELEN IRREV TRUST
7762 MARYMOUNT DR WILMINGTON NC 28411
7762 MARYMOUNT DR WILMINGTON
FURR JAMES S BARBARA W
537 UPLAND DR WILMINGTON NC 28411
7946 MARKET ST WILMINGTON
GELLMAN E MAN UEL SALLY
7702 MONARCH DR WILMINGTON NC 28403
7702 MONARCH DR WILMINGTON
GODWIN HENRIETTA G
7731 MONARCH DR WILMINGTON NC 28411
7731 MONARCH DR WILMINGTON
GOODMAN WILLIAM Q ROBIN S
118 AUGUSTA PL HIGH POINT NC 27265
7888 MARKET ST WILMINGTON
GRATHWOL ANN F LIV TR ETAL
0 PO BOX 3215 WILMINGTON NC 28406
7838 RAINTREE RD WILMINGTON
GRAY LAWRENCE A DONNA K
5666 SOLHEIM CUP DR HAYMARKET VA 20169
7736 MARYMOUNT DR WILMINGTON
GREENOE HOLLY J
7733 MONARCH DR WILMINGTON NC 28411
7733 MONARCH DR WILMINGTON
HALL RUTH
0 PO BOX 1669 WAYNE NJ 07474
7757 MARYMOUNT DR WILMINGTON
HARVEY TAMMY
200 HILLIARD CT WILMINGTON NC 28411
200 HILLIARD CT WILMINGTON
HICKS CHARLOTTE SPEARS
7751 MONARCH DR WILMINGTON NC 28411
7751 MONARCH DR WILMINGTON
HOFF JOHN LINDEL ETAL
2730 BONNELL SE GRAND RAPIDS MI 49506
7715 MARYMOUNT DR WILMINGTON
HOLDERFIELD DOROTHY D
7732 MARYMOUNT DR WILMINGTON NC 28411
7732 MARYMOUNT DR WILMINGTON
HOLLAND PATTI K
0 PO BOX 4606 WILMINGTON NC 28406
725 AQUARIUS DR WILMINGTON
HOLT BOBBY P SR JENNIFER
7810 MARKET ST 39084 WILMINGTON NC 28405
7810 MARKET ST WILMINGTON
HUDSON CARL F DONNA P
299 FOGGY MOUNTAIN RD GLADE VALLEY NC 28627
7745 MARYMOUNT DR WILMINGTON
HUNTER WOOD LLC
0 PO BOX 15156 WILMINGTON NC 28408
7730 MARYMOUNT DR WILMINGTON
IPOCK JUDITH A HRS
7763 MARYMOUNT DR WILMINGTON NC 28411
7763 MARYMOUNT DR WILMINGTON
JACKLE VIRGINIA M TRUST
95 LUMINA AVE S 39234 WRIGHTSVILLE B. NC 28480
203 HILLIARD CT WILMINGTON
KANE DONALD J ROBIN S
7753 MONARCH RD WILMINGTON NC 28411
7753 MONARCH DR WILMINGTON
KARPINSKI KENNETH J JUDITH A
1737 SIGNATURE PL WILMINGTON NC 28403
7721 MARYMOUNT DR WILMINGTON
KAUNE DIETER R
7812 HAZELTON CT WILMINGTON NC 28405
7812 HAZELTON CT WILMINGTON
KENNY GERARD ANNE
208 HILLIARD CT WILMINGTON NC 28411
208 HILLIARD CT WILMINGTON
KICINSKI JASON THOMAS
7729 MARYMOUNT DR WILMINGTON NC 28411
7729 MARYMOUNT DR WILMINGTON
KIEDAISCH HOWARD G LORRAINE
300 MARSH OAKS DR WILMINGTON NC 28411
718 AQUARIUS DR WILMINGTON
KIRKPATRICK LARRY E TERESA M
716 ROYAL BONNET DR WILMINGTON NC 28405
7701 MARYMOUNT DR WILMINGTON
KRAUSS MARK A
7740 MARYMOUNT DR WILMINGTON NC 28411
7740 MARYMOUNT DR WILMINGTON
LANCASTER J TIMOTHY DEBORAH S
2200 EFFINGHAM CIR RALEIGH NC 27615
7707 MARYMOUNT DR WILMINGTON
LEE ESTHER F
57 BEACH RD S WILMINGTON NC 28411
7802 MARKET ST WILMINGTON
LEECH ROBERT R NADINE M
7746 MARYMOUNT DR WILMINGTON NC 28411
7746 MARYMOUNT DR WILMINGTON
LIBERTY BAPTIST CHURCH OF WILM INC
7957 MARKET ST WILMINGTON NC 28405
7957 MARKET ST WILMINGTON
MANGUM JAMES S PATRICIA L
613 GOLDENEYE CT WILMINGTON NC 28411
613 GOLDENEYE CT WILMINGTON
MANY ARLENE E
234 GILLNET LN SNEADS FERRY NC 28460
7726 MARYMOUNT DR WILMINGTON
MARLEY CAMI M
727 AQUARIUS DR WILMINGTON NC 28411
727 AQUARIUS DR WILMINGTON
MARSH OAKS HOA INC
0 PO BOX 3649 WILMINGTON NC 28406
117 MARSH OAKS DR WILMINGTON
MARSHALL CHARLES T SYLVIA H
7756 MARYMOUNT DR WILMINGTON NC 28411
7756 MARYMOUNT DR WILMINGTON
MARYMOUNT TOWNHOMES HOA ETAL
0 PO BOX 15156 WILMINGTON NC 28408
7775 MARYMOUNT DR WILMINGTON
Board of Commissioners Meeting
12/06/2010
8-4-17
EXHIBIT "B" 2 of 2
MATANI MADHU J SUJATA M
7725 MARYMOUNT DR WILMINGTON NC 28411
7725 MARYMOUNT DR WILMINGTON
MATTHEWS DEREK W
202 HILLIARD CT WILMINGTON NC 28411
202 HILLIARD CT WILMINGTON
MCDERMOTT JAMESON A JANICE C
304 VALE DR WILMINGTON NC 28411
304 VALE DR WILMINGTON
MORRIS NOLIE ANN
7713 MARYMOUNT DR WILMINGTON NC 28411
7713 MARYMOUNT DR WILMINGTON
NELSON DONALD R CHARLENE A
7757 MONARCH DR WILMINGTON NC 28411
7757 MONARCH DR WILMINGTON
PAGE KATHRYN ALLEN
7744 MARYMOUNT DR WILMINGTON NC 28411
7744 MARYMOUNT DR WILMINGTON
PEACOCK KRISTI E
723 AQUARIUS DR WILMINGTON NC 28411
723 AQUARIUS DR WILMINGTON
PETROVIC CONSTANCE
7717 MARYMOUNT DR WILMINGTON NC 28411
7717 MARYMOUNT DR WILMINGTON
PFANNENSTEIN MARY M
213 HILLIARD CT WILMINGTON NC 28411
213 HILLIARD CT WILMINGTON
PIERCE JULIA C REVOCABLE LIVING TRUST
7733 MARYMOUNT DR WILMINGTON NC 28411
7733 MARYMOUNT DR WILMINGTON
PORTERS NECK BUSINES PK COA INC
6002 MEADOW RUN CT CHAPEL HILL NC 27516
7775 MARKET ST WILMINGTON
POTTER BARBARA
7761 MARYMOUNT DR WILMINGTON NC 28411
7761 MARYMOUNT DR WILMINGTON
POTTER WALTER LARRY VIRGINIA S
7804 HAZELTON CT WILMINGTON NC 28405
7804 HAZELTON CT WILMINGTON
POTTS MALCOLM ANN D
7753 MARYMOUNT DR WILMINGTON NC 28411
7753 MARYMOUNT DR WILMINGTON
PURSELL CAROL C
7751 MARYMOUNT DR WILMINGTON NC 28411
7751 MARYMOUNT DR WILMINGTON
RANEY MICHAEL ANN MARIE
300 VALE DR WILMINGTON NC 28411
300 VALE DR WILMINGTON
REAVES CAROLYN E
7767 MARYMOUNT DR WILMINGTON NC 28411
7767 MARYMOUNT DR WILMINGTON
REED NANCY L FAMILY TRUST
0 PO BOX 4359 SUNRIVER OR 97707
715 AQUARIUS DR WILMINGTON
REGISTER MELISSA MOND
7773 MARYMOUNT DR WILMINGTON NC 28411
7773 MARYMOUNT DR WILMINGTON
REHREY SARAH S
301 VALE DR WILMINGTON NC 28411
301 VALE DR WILMINGTON
REYNER MARK
7750 MARYMOUNT DR WILMINGTON NC 28411
0 MARYMOUNT DR WILMINGTON
RIESS MICHAEL DORIS
7769 MARYMOUNT DR WILMINGTON NC 28411
7769 MARYMOUNT DR WILMINGTON
ROBERTS LAURA L
7738 MARYMOUNT DR WILMINGTON NC 28411
7738 MARYMOUNT DR WILMINGTON
ROBUCK LINDA H
0 PO BOX 17102 RALEIGH NC 27619
7741 MARYMOUNT DR WILMINGTON
ROCK BRENDA R
7706 MONARCH DR WILMINGTON NC 28411
7706 MONARCH DR WILMINGTON
ROGERS E JANE
7755 MONARCH DR WILMINGTON NC 28411
7755 MONARCH DR WILMINGTON
RUMMEL RAYMOND E SHELIA F ETAL
7705 MARYMOUNT DR WILMINGTON NC 28411
7705 MARYMOUNT DR WILMINGTON
RYDER PATRICIA M
717 AQUARIUS DR WILMINGTON NC 28411
717 AQUARIUS DR WILMINGTON
SHIELDS FRANCIS H
7739 MONARCH DR WILMINGTON NC 28411
7739 MONARCH DR WILMINGTON
SHIN BOO MIN
7808 HAZELTON CT WILMINGTON NC 28411
7808 HAZELTON CT WILMINGTON
SHUMPERT ELIZABETH W
7752 MARYMOUNT DR WILMINGTON NC 28411
7752 MARYMOUNT DR WILMINGTON
SIEBERT JOANNE M
7711 MARYMOUNT DR WILMINGTON NC 28411
7711 MARYMOUNT DR WILMINGTON
SIMON HERMAN PATRICIA
7704 MONARCH DR WILMINGTON NC 28411
7704 MONARCH DR WILMINGTON
SKODA SUSAN
7727 MONARCH DR WILMINGTON NC 28411
7727 MONARCH DR WILMINGTON
SMITH ADRIAN
7747 MARYMOUNT DR WILMINGTON NC 28411
7747 MARYMOUNT DR WILMINGTON
SMITH DORIS RIGGS
5426 ANDOVER RD WILMINGTON NC 28403
7806 MARKET ST WILMINGTON
SMITH WENDE L
204 HILLIARD CT WILMINGTON NC 28411
204 HILLIARD CT WILMINGTON
STALLINGS ROBERT LJR ETAL
4612 MOORES CREEK RD DURHAM NC 27705
729 AQUARIUS DR WILMINGTON
STANCILLTINA R
7708 MONARCH DR WILMINGTON NC 28411
7708 MONARCH DR WILMINGTON
SUTTON MARY SHANNON
726 AQUARIUS DR WILMINGTON NC 28411
726 AQUARIUS DR WILMINGTON
THOMAS BETTY T TRUST
721 AQUARIUS DR WILMINGTON NC 28411
721 AQUARIUS DR WILMINGTON
WARD BETH WILKIE
7728 MARYMOUNT DR 16 WILMINGTON NC 28411
7728 MARYMOUNT DR WILMINGTON
WEAVER JOHN PATRICK
201 HILLIARD CT WILMINGTON NC 28411
201 HILLIARD CT WILMINGTON
WHITESELL MARGARET S
7729 MONARCH DR WILMINGTON NC 28411
7729 MONARCH DR WILMINGTON
WOODARD PATRICIA M
0 PO BOX 595 DENTON NC 27239
7737 MARYMOUNT DR WILMINGTON
Board of Commissioners Meeting
12/06/2010
8-4-18
Exhibit "C" Page 1 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 -8:00 pm
Please print clearly
Name: Fu RA= -
Address: �? � �� L���'� �2 �� �- +n /� � �- z��
Phone Number:
Comments:
Board of Commissioners Meeting
12/06/2010
8 -4 -19
Exhibit "C" Page 2 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 — 8:00 pm
Please print clearly
Name:
Address: O � a � � VI d�
Phone Number:
Comments:
F7 Fc--
Ic
ID 0 -
Board of Commissioners Meeting
12/06/2010
8 -4 -20
Exhibit "C" Page 3 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 — 8:00 pm
Please print clearly
Name: J�l.,� Q� � Lt Sq,J 2A'►� � I AN,rJ
Address:
Phone Number:
Comments:
Board of Commissioners Meeting
12/06/2010
8 -4 -21
Exhibit "C" Page 4 of 18
Please print clearly
Name:, l
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 --8:00 pm
Address: LAIA-
Phone CA-1
Number: ( qlu) C l L � °0
Comments:
Board of Commissioners Meeting
12/06/2010
8 -4 -22
Exhibit "C" Page 5 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6: — 8:00 p m
Please print clearly
Name: (,,,UYUA& Me 7-)12 V UA
Address:
Phone Number
Comments:
ur
101� '00i
JL
Pw
0 A,oe
III 1 111. P
J-b AM
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Cvv, zte, I AD
BoardUf Commissione[s Meeting
12/06/201 �� A,441,
44%4� /v1 . tv 4 T
Exhibit "C" Page 6 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 — 8:00 pm
Please print clearly
-'
Name: �1��7`I�SJ G� ��✓lJa� C 6�18G�S �i�l "KaPd�PrS�S ��C
Address: � 5� { T.'
Phone Number: 6; G - i 1 S S`
Comments:
Board of Commissioners Meeting
12/06/2010
8 -4 -24
Exhibit "C" Page 7 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 — 8:00 pm
Please print clearly
Name: r oean �� � S
Address: tO(o il lar
Phone Number: 10 - 31CI - - 1 S'n
5`
Comments:
e z:�� r
T `1 e-
i
.� C -���r� Ili L�-e 4 (•� � U � C U � �d� �M -�� r� Q' Cam'
L)�
2 v e rn �=� n,J h e e�..5 b �
- a - CI
caw,
Board of Commissioners Meeting
12/06/2010
8 -4 -25
Exhibit "C" Page 8 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 — 8:00 pm
Please print cle y
Name:
Address: � G' l I � �,, ✓a� Ct .
Phone Number:
Comments:
AJ�r
- -urns
C ��7'lCl //7 e / J. L/ �J
C Sri m e
(tj
IL 2
fi ✓ �/! KJ �� ��� CGl�ne�z,
lL
J eS �
Board of Commissioners Meeting
72)
12/06/2010
8 -4 -26
Exhibit "C" Page 9 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 - 8:00 pm
Please print clearly
Name: �-� ���l�
Address: / 2 c�- 7 1 �vA h � 4 j �- ,
Phone Number. 5 , ��3
Comments:
C�
/0
�v
A
, V45 �,20`-)
Board of Commissioners Meeting
12/06/2010
8 -4 -27
Exhibit "C" Page 10 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 -8:00 pm
Please print clearly
Name: // � a
Address: `i Y ,;� tr�jN 1- � 7 ? 6 'yl a� j
/I
Phone Number: (z.
Comments:
�,j
cv
Board of Commissioners Meeting
12/06/2010
8 -4 -28
Exhibit "C" Page 11 of 18
Please print clearly
s
Name: wo( aC
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 — 8:00 pm
Address. .
kc,
Phone Number: 1�2
Comments:
Flournoy Development Compan . AN **a
_ .
900 Brookstone Centre Pk
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Columbus, GA 31904 $00
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PFANNENSTEIN MARY M
213 HILLIARD CT
WILMINGTON NC 28411
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Exhibit "C" Page 12 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 -8:00 pm
Please print clearly
Name:
Address:
Phone Number:
Comments:
MEMENEw-
ql0 -3iQ -7505
s
1pet� „ ' C " d c� ) cell tonseM���"
�u, tie new 1 rno�e,
C" f\ (21- 0\0 U t
Board of Commissioners Meeting
12/06/2010
8 -4 -30
Exhibit "C" Page 13 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6: — 8:00 pm
Please print clearly
Name: �O�
Address,
Phone Number: Q ! � I Z 3'1 (..0 \
Comments:
I L
C
Board of Commissioners Meeting
12/06/2010
8 -4 -31
Exhibit "C" Page 14 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 -8:00 pm
Please print clearly
Nam c
Address: 'Ief'
Phone Number: ldg,16) 6 5? 0,� I It
Comments:
D
Board of Commissioners Meeting
12/06/2010
8 -4 -32
Exhibit "C" Pa 15 of 18
Amberlei Shores
Communit Meetin
October 4, 2010
6:00 — 8:00 pm
Please print clearl
Name:
Address:
Phone Number: C� - -.-
Comments:
Ce
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cc C, �' ,�� .�,� -�c.�? c� C�- ,fir- �.�'. -o� �
V -1-
Board of Commissioners Meetin
12/06/2010
8-4-33
Exhibit "C" Page 16 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 — 8:00 pm
Please print clearly
Name: 1^' He
Address:
Phone Number:
Comments:
V
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Gd- ���i 'errors
CIA
S eGov�c'. cJ UT(
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I ��nakV�S J �
Board of Commissioners Meeting
12/06/2010
8 -4 -34
Exhibit "C" Page 17 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 - 8:00 pm
Please print clearly
Name: (.r4,24L tIV1-"16z
Address:
Phone Number: ,�flD -- I k" <v - ��/C
Comments:
/U
Board of Commissioners Meeting
12/06/2010
8 -4 -35
Exhibit "C" Page 18 of 18
Amberleigh Shores
Community Meeting
October 4, 2010
6:00 -8:00 pm
Please print clearly
-7-1 f, (
Name: -' -4-'
Address: � � `� 3 /�
Phone Number: -) � pG - -z- Ij" k
Comments:
C,
Board of Commissioners Meeting
12/06/2010
8 -4 -36
AMBERLEIGH SHORES
10
TRAFFIC IMPACT ANALYSIS
NEW HANOVER COUNTY,
11"v 0"'&
C
TWO EA
24496
SEPTEMBER 2010
NORTH CAROLINA
PREPARED FOR:
F ( DEVELOPMENT CO.
J - 2
PREPARED BY:
THOMAS & HUTTON
WILMINGTON, NORTH CAROLINA
CHARLESTON, SOUTH CAROLINA li MYRTLE BEACH, SOUTH CAROLINA
Board of Ca A"'NNAMpGfg0RGIA 11 BRUNSWICK, GEORGIA
12/06/2010
8 -6 -1
Amberleigh Shores - Traffic Impact Analysis September 201
TABLE OF CONTENTS
PAGE
1.
INTRODUCTION
1
2.
HEISTING CONDITIONS
2010 VOLUMES
3 .
COMMITTED ITTED I PR VEM NTS AND APPROVED DEVELOPMENTS
2014 No-BUILD VOLUMES
4 .
N -BUILD V
SITE TRIP DISTRIBUTION
$
TRIP GENERATION
7
6 .
TRIP DISTRIBUTION
7
7 .
TRIP ASSIGNMENT
FUTURE CONDITIONS
9 .
CONCLUSIONS / REC MMENDATI NS
FIGURES
FIGURE 1 -
LocarioN MAP
2
FIGURE 2 -
CONCEPT PLAN
3
FIGURE 3 -
2010 VOLUMES
5
FIGURE 4 -
2014 No-BUILD VOLUMES
6
FIGURE 5 -
SITE TRIP DISTRIBUTION
$
FIGURE 6A&B -
AM / PM SITE GENERATED TRIPS
10 -11
FIGURE 7 -
BUILD VOLUMES (2014)
12
APPENDIX
SLOPING CORRESPONDENCE
TRAFFIC COUNTS
CAPACITY ANALYSES
ThCn'�� � Hutt En card of Commissioners Meeting � �
12/06/2010
8 -6 -2
Arnb rl i h Shores - Traffic Impact Analysis September 2010
1. INTRODUCTION
A 270 -unit apartment complex, Amb ri i h Shores, is proposed near the intersection of
Market Street (US 1 ) and Marsh Oaks Drive (SR 2734) in New Hanover County. The
development is anticipated to be completed in 2014.
Two access points to the development are p one on Market Street and one o
Marsh Oaks Drive. The access on Merit Street would be restricted to right -in, right -out
movements. The access on Marsh Oaks Drive would permit all movements and would
allow vehicles to enter and exit Market Street at a signalized intersection (Marsh Oaks
Drive and Market Street is currently signalized). The site location is shown in Figure 1. The
preliminary site plan is shown in Figure 2.
The scope of this study was coordinated with NCDOT and the Metropolitan Planning
Organization M. Scoping correspondence is included in the appendix. The
following intersections were identified for inclusion in the traffic study:
Market Street and Marsh Oaks Drive
0 Site access with Market Street
0 Site access with Marsh Dabs Drive
Board of Commissioners Meeting
Thomas & Hutton Engineering o. 12/06/2010 Pa 1
8 -6 -3
SOUTH CAROLINA * CHARLESTON, MYRTLE ]BEACH 1 L /Ub /LU 1 U V I C HNU
NORTH CAROLINA • Wij-mi r.TON 8-6-4
`1
219 S ROAD
. ° 0 SUITE 101
WILMINGTON, NC. 28405
0# PHONE: ( 1o) 332 -3360
FAX: (910) 332.3361
GEORGIA • SAVANNAH, BRUNSWICK
SOUTH CAROLINA • CKARLESTON, MYRTLE 13EACH
NORTH CAROLINA • WILMINGTON
AMBWRLEIGHSHORES
NEW HANOVER COUNTY, NORTH CAROLINA
TRAFFIC IMPACT ANALYSIS
oaraor Commissioners L SITE PLAN
ivoerzoio
THOMAS & HUTTON ENGINEERING C.
m erl ei h Shores - Traffic Impact Analysis September 201
2 . EXISTING CONDITIONS
Market Street is a five lane roadway past the site. Near the project, the posted speed
limit is mph. According to the most recent ADT data available from the ICDT,
Market Street had a 2009 ADT of 39, ve hicles p d between Marsh O ak s Drive an d
Bayhore Drive (SR 1363).
The intersection of Market Street and Marsh Dabs Drive is currently signalized. Weekday
peals hour turning movement counts w ere taken at the intersections in September 2010.
The current counts are shorn in Figure 3. Intersection diagrams and the detailed count
data are included in the appendi Capacity analyses were completed leased on the
2010 count; results are shown in Table 1.
Table 1. Existing Levels of Service f 2 1
Intersection
Contra[
AM PEAK
PM PEAK
De1aY
Delay
LOS
!OS
( sec/veh
sec /veh
Market Street and Marsh Oaks
Drive
Signal
N6 Market
B 14
B 13
SB Market
B t i
B ip
EB Mendenhall
8 20
D 38
WB Marsh Oaks
D 52
Q 50
Overall
B 16
B 13
The Market Street/ Marsh Oaks Drive intersection currently operates at acceptable levels
during the morning and afternoon peak hours.
3 . COMMITTED IMPROVEMENTS AND APPROVED DEVELOPMENT
In initial scoping correspondence with NCDOT and the MP O, no adjacent development
and no committed improvements were identified for inclusion in the analysis.
It is noted that the US 17 Hampstead Bypass Military Cutoff extension (R -3300 and
4751) should help to alleviate traffic congestion along Market Street in the future. The
I CD T website states that "The purpose of the project is to improve the traffic carrying
capacity and safety of the US 17 and Market Street Corridor." The US 17 Hampstead
Bypass is the considered b y the MPO as the one of the region's top priorities. Right of
gray acq uisit ion is planned to be in 2014.
4. NO- Bll[LD VOLUMES (Z014)
To predict the future (no-build) volumes, existing traffic counts (September 201 0) are
raised by an annual rate of % to account for general growth in the area. Growth
assumptions were coordinated with NCD and the MP; no -build volumes are shown in
Figure .
Thomas c H utton En rd of Commissioners Meeting �
12/06/2010
8 -6 -6
THOMAS c HUTT N ENGINEERING CO.
219 S'T'ATION ROAD
o SUITE 101
1LMI T N NC. 2 8405
PHONE: (910) 332 -3360
FAX: (910 ) 33,E °3361
' WWW.THOMAS, HUTTON.COM
RI
GEORGIA • SAVANNAH, 13RUNSWICK
SOUTH CAROUNA • HARI -Es' 'ON, MYRTLE BEACH
NOR rH CAROLINA * WILMINGTON
AMBERLEIGH SHORES
NEW HANOVER COUNTY, NORTH CAROLINA
TRAFFIC IMPACT ANALYSIS
12i06i2010 2010 VOLUMES
8 -6 -7
THOMAS H TTON ENGINEERING C .
� , ► 2 1 9 STAT ROAD
SUITE 101
}` W I LM1 [+,[ TONE . 25405
P HONE : (910) 332-3360
FAX (910) 332.3361
WWW.THOMA - RUTTON.COM
R I
GEORGIA • S AVANNAH, BRUNSWICK
S OUTH CAROLINA • CHARLESTON, MYRTLE BEACH
NORTH CAROLINA * WILMINGTON
AMBERLEIGH SHORES
NEW HANOVER COUNTY, NORTH CAROLINA
TRAFFIC IMPACT ANALYSIS
'z ° °z °'° 2014 NO-BUILD VOLUMES
x -fi -x
Am erleigh Shores - Traffic Impact Analysis
September 2010
5. TRip GENERATION
Trips g by the proposed development are estimated using the standard
methodology and equations in the Institute of Transportation Engineers, Trip Generation
8th Edition, 200 8. Trip generation is shown in Table 2. Since the proposed plan includes
only a single use residential development, pass -key and internal capture rates are not
applied.
Table le . Trip Generation - Amberleiah Shores
Source: Institute of Transportation Engineers, Tdg Generation, 8th Edition, 2008
6. TRIP DISTRIBUTION
The site generated trips are distributed on the area roadways based on the existing
traffic patterns collected, engineering judgment, and previous studies completed in the
urea. Site trip distribution was coordinated with NCDOT and the MPO as part of the
cooping process.
Trips to and from the development are assumed to follow the patterns below.
a 0% to Market Street south
a 30% to Market Street north
As mentioned, the Market Street access will be restricted to right-in, right -out movement
only. These turn restrictions will dictate sore of the patterns entering and exciting the site.
All left turning traffic on and off of Market Street will use the Marsh Oaks Drive access.
The entering and exciting patterns are displayed in Ngure 5.
oard of Commissioners Meeting
Thomas & Dutton Engineering 12/06/2010 Po e
8 -6 -9
THOMAS & HUT TON ON E I E I I C.
►
,
219 S TATION ROAD
, ° O
SUI 101
W ILM INGTON, NC 2$405
Tt
PHONE ( f0) 332 °3360
1 332
• ( may
.RI
;
ya * / -��*
X I� wJ
7! 7= 3� -THO AS 3 , 1J 44.x. �+ OM
GEORGIA • SAVANNAH, BRUNSWI
SOUTH C AROLINA • C HARLESTON, MYRTLE BEACH
NORTH CAROLINA + WILMINGTON
AMBER
NEW HANQVER COUNTY, NORTH CAROLINA
TRAFFIC IMPACT ANALYSIS
1 'z ° °z °'° SITE TRIP DISTRIBUTIONS I
x -fi -io
Arnberleigh Shores - Traffic Impact Analysis
Septemb 2010
7. TRIP AssIGNMENT
The site - generated trips are assigned to each Of the study intersections and access points
based On the trip distribution assumptions, Site generated trips are shaven in Figure
and 6B.
The site generated volumes are added to the 2014 no -build volumes (Figure 3) to
determine the morning and afternoon design volumes (Figure 7).
S. FUTURE (No-BUILD/BuILD OUT ) CONDITIONS
The future volumes are used to calculate the intersection Levels Of Service with and
wit oust the proposed development. Results Of the capacity analyses are shown In the
Table 3.
Table 3. Future Levels Of Service (201 _
........
2014
AM Peak Dour
2014 Pit Peak Hour
INTERSECTION CONTROL
N o-Build
Build Out
No-Build Build Out
Market Street and Marsh
Signal
Oaks Dr.
NB Market B 11
1
B 1 B
B Ma rket B l
B 1
B 1 4J 6 19
EB Mendenhall 1
B 1
D (371 D (3 6.)
WB Marsh Oaks D O
........ . .
D B (6 7) ' .
Overall 1
C
B 1
Site Access and Market Stop
Street l l,R0 onl
approach to Market St -
B 1
- g 1
Site Access and Marsh Oaks
t0
Dr
approach to Marsh Oaks Dr -
B 1
_ B 1
The Market Street Marsh Oaks Drive intersection is anticipated to continue to function at
acceptable levels with completion Of the
proposed apartments.
Both development
access paints should function with relatively minimal delays.
oard of Commissioners Meeting
Thomas & Hutton Engineering 12/06/2010 Pa e
8 -6 -11
THO MAS I T'T` N ENGINEERING CO.
219 STATION ROAD
D
SUITE 101
' 'ILMINGTON SIC. 28405
Tt i PHONE: (910) 332 -3360
FAX: (910) 332.3361
WWW.'T HOMA - HUTTON. OI+,+I
GEORGIA * SAVANNAH, BRUNSWICK
SOUTH CAROLINA # CHARLESTON, MYRTLE BEACH
NORTH H CAROLINA • WILMINGTON
AMBERLEIGH SHORES
NEW HANOVER COUNTY, NORTH CAROLINA
TRAFFIC IMPACT ANALYSIS
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TH OMAS HUT TON ON ENGINEERING CO.
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219 STATION ROAD
ITT 101
WILMIN TON NC. 28405
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PHONE: (10) 332 -3360
FAX: ( io) 332.3361
WWW.THOMAS
GEORGIA • SAVANNAH, BRUNSWICK
SOUTH CAROLINA • CHARLESTON, MYRTLE BEACH
NOR CAROLINA + WILMINGTON
AMBERLEIGH
NEW HANOVER COUNTY, NORTH CAROLINA
TRAFFIC IMPACT ANALYSIS
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000 AM PEAK HOUR VOLUMES
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THOMAS T'T` ENGINEERING CO.
219 STATION ROAD
SUITE 11
WILMINGTON, NQ 2-8405
0 PHONE: (910) 33 "3360
FAX: ( x) 332 °3361
WWW.THOMAS*HUTTON.COM
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GEORGIA - SAVANNAH, 13RUN WICK
SOUTH CAROLINA • CHARLEsroN, MYRTLE BEACH
NORTH CAROLINA • WILMINGTON
95 C) R E S
AMBERLEIGH 'whHA
NEW HANOVER COUNTY, NORTH CAROLINA
TRAFFIC IMPACT ANALYSIS
I
12/06/2010 2014 BUILD —OUT VOLUMES I
x -fi -ia
r b rl igh Shores - Traffic Impact Analysis September 201
Market Street and harsh oaks Drive
The intersection was analyzed under the existing, no-build, and build -out conditions. The
existing conditions analyses indicate some relatively Trainor delays in the peak hours (LOS
in both the morning and afternoon). The signal should continue to function at
acceptable levels (LOS C) with completion of the proposed development.
Right -, right -out access on Market Street
The right -in, right -out access should also function with relatively minimal delays (LOS B).
Based on the anticipated volumes and the NCDOT Policy on Street and Driveway
ray
Access, a full width right turn lane should be installed on northbound Market Street. The
turn lone should include 100' taper and 100' full width lane,
Development t Access to Marsh Dabs Drive
The access point on Market Street should function with relatively minimal delays (LOS B).
Bros on the design volumes, auxiliary turn lanes o n Marsh Dabs Drive are not needed (in
a ccordanc e Frith NCD T Roadway Design Manual).
card of Commissioners Meeting
Thonnas Hutton Engineering (,o. 12/06/2010 Pea 1 3
8 -6 -15
Amberleigh Shores - Traffic Impact Analysis September 201
9. CONClU510N5/ RECOMMENDATIONS
A 270 -unit apartment complex, Ar rl igh Shares, is proposed near the intersection of
Market Street and Marsh Oaks Drive. The development is anticipated to be omploted
4
in 2014.
Capacity analyses w ere co mpleted for the 2010 existing, the 2014 no-build, and the 2014
build -out conditions. Intersections analyzed include the Market Street Marsh Oaks Drive
intersection, and the development access points.
Based o n the capacity analyses, the Market Street Marsh Oaks Drive intersection s hould
function adequately (LOS B C) through the 2014 cosign year.
Two access points to the development are proposed. One full movement access would
be on Marsh Oaks Drive. The other access will be limited to right --in, right -out movements
an and off of Market Street. Bath access points should function with relatively minimal
al
delays (LOS B) .
As part of the proposed development, roadway improvement recommendations
include:
* Construct a right turn deceleration lane at the e ntrance o n Market Street, right turn
lane should include 100' taper anal 100' full width lane
Design the Market Street access to allow only right -in, right -out movements
Board of Commissioners Meeting
Thomas & Mutton Engineering Co. 12/06/2010 Pa 14
8 -6 -16
WILMINGTON URBAN AREA
Metropolitan Planning Organization
Members:
P.O. Box 1810
Wilmington, North Carolina 28402
910 341 3258 910 341 7801 FAX
To: Mr. Jack Reel, PE, Thomas & Hutton
Town of
From:
Ms. Tara Murphy, Associate Transportation Planner, Wilmington MPO
City of
Town of
have reviewed the Amberleigh Shores Traffic Impact Analysis (TIA) report dated
WILMINGTON
Cc:
Mr. Chris O'Keefe, Director of Planning & Inspections, New Hanover County
Lead Planning Agency
Town of
Ms. Jane Dau htrid e, Planning & Zoning Manger, New Hanover Count
g g g g g Y
Town of
Mr. Sam Burgess, Principal Development Planner, New Hanover County
CAROLINA BEACH
Authority
Mr. Mike Kozlosky, Executive Director, Wilmington MPO
950 feet between the intersection of Market Street/Marsh Oaks Drive and the
Mr. Anthony Law, District Engineer, NCDOT
Town of
KURE BEACH
BOARD OF
Mr. David Leonard, Assistant District Engineer, NCDOT
TRANSPORTATION
to accommodate southbound and northbound U -turn movements.
Mrs. Katie Hite, Division Traffic Engineer, NCDOT
Town of
WRIGHTSVILLE BEACH
Re:
Memorandum Approving the Amberleigh Shores Traffic Impact Analysis
NEW HANOVER
County
Date:
November 12, 2010
Town of
Market Street/Site Driveway:
BELVILLE
City of Wilmington and North Carolina Department of Transportation (NCDOT) staff
Town of
have reviewed the Amberleigh Shores Traffic Impact Analysis (TIA) report dated
LELAND
September 20, 2010. The report has been accepted and appears to meet the
County
minimum requirements for TIA submittal. As per City and NCDOT review, the
Town of
developer is responsible for constructing the following improvements:
NAVASSA
Per NCDOT Division 3 policy, the applicant will be required to hold a public
informational workshop for these improvements.
The applicant is required to obtain an NCDOT driveway permit for access to the state
road network. All applicable NCDOT driveway access technical standards and
policies shall apply.
Please contact me at (910) 341.4661 with any further questions regarding this
approval.
Board of Commissioners Meeting
12/06/2010
8 -7 -1
Market Street/Site Driveway:
BRUNSWICK
• Construct a full width bay northbound right -turn lane with 100' of full width
County
storage, 50' of full width decel and appropriate to er on Market Street to tie into
g p
PENDER
the right turn lane to the north.
County
■ Provide right -of -way dedication for the right turn lane.
■ Combine the two site driveways into a single access.
CAPE FEAR
Public Transportation
Market Street:
Authority
■ Construct a concrete median on Market Street for a distance of approximately
950 feet between the intersection of Market Street/Marsh Oaks Drive and the
North Carolina
intersection of Market Street /North Alexander Road
BOARD OF
.Provide additional pavement near Mendenhall Drive and North Alexander Road
TRANSPORTATION
to accommodate southbound and northbound U -turn movements.
Per NCDOT Division 3 policy, the applicant will be required to hold a public
informational workshop for these improvements.
The applicant is required to obtain an NCDOT driveway permit for access to the state
road network. All applicable NCDOT driveway access technical standards and
policies shall apply.
Please contact me at (910) 341.4661 with any further questions regarding this
approval.
Board of Commissioners Meeting
12/06/2010
8 -7 -1
O: New Hanover County Planing Board
FROM: Geraldine Storch, President
Mary mount Patio Homeowners" Association
.ATE: November 4, 2010
SUBJECT: Aniberlei . Shores Development
First, I apologize for not being able to attend the meeting personally tonight, but I am out of the
country.
Second, we realize that, for many reasons, this development may be approved with conditions,
To date, F h ornoy seems to meet the letter of the requirements, but has only met the intent of the
requirements in some cases.
They sent out notices of the required town meeting with the Marynount `Down homes
from Georgia in a way that they only arrived the Saturday before the Monday meeting so
attendance was limited.
o They have provided the bare ,mim'mum buffer between Amberlei h and the Town hones.
This severely limits the privacy experienced by the one-story town homes next to the
three -story apartment buildings. Most of the buffer trees are being removed. per their tree
removal plan increasing runoff and construction noise, and nrinimi in privacy.
To their credit they have restricted construction vehicles to use their entrance per their
application. They also added more drainage, which was a serious concern of the town home
residents next to this development.
Third, we respectfully request that you consider the following as part of your approval process.
The trade study shows that we are at a level D now, even with the traffic light. Three
developments use the Marsh Oaks Drive exit. The addition of Amberlei h Shores tales
it to an B level. DoT ran a mod el to ad a second left turn lane which we understand did
not significantly improve the level of service. 'lease consider requiring the second left
turn .lane as part of this project. There are future considerations to develop the
commercial properties North and South of the entrance to Marsh Oaks Drive. Adding
this lane now, as part of this project, would have one disruption and preclude the need to
add it later, and maybe get it to an E+15 gather than an E -.
o The addition of a car gash at the back of the property seems unnecessary in bight of the
fact that there are two car washes within about a mile of this property, one North, and one
South on Market Street. Given the droughts of the last two years, this seems excessive,
This has been the practice in their past developments, but droughts are more frequent.
As a matter of public safety, I assume they have considered how the fire and police units
and buses will be able to enter their area with carer -only access gates.
Some new students of Anberleih Shores would most probably attend the new Holly
Ridge School near the airport. In two years when the rezoning of schools occuirs again,
where will the children of Marsh Oaks and Amberlei h Shores attend at that time? This
is a future consideration, but one which requires planning on the part of the educational
system.
Board of Commissioners Meeting
12/06/2010
8 -8 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 6, 2010
REGULAR
ITEM: 9
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
and Sam Burgess, Subdivision Review Planner
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Sam Burgess, Subdivision Review
Planner
SUBJECT:
Public Hearing
Subdivision Text Amendments (A -387) — Request by the County's Technical Review Committee (TRC)
to Amend Sections 20, 41 -1, 52 -4 of the County's Subdivision Ordinance by Incorporating Specific
Language, Road Profiles, and Design Standards for Private Streets
BRIEF SUMMARY:
At their October 7, 2010 meeting, the Planning Board voted 5 -0 to recommend approval of the
amendment with language modification to Section 52 -4.
During the past year, a Private Road Task Force Committee composed of several County departments,
NCDOT, WMPO, and interested stakeholders have been working on a series of proposed guidelines that will
enable land planners, engineers, landscape architects, and surveyor's flexibility in designing new site plan
proposals that incorporate private streets. The intent on developing private street language provides a clear
delineation between public and private streets, maintenance responsibilities, reduction of impervious surface,
and minimizes the elimination of significant trees through flexible geometric street standards.
Three people spoke in support of the amendments and allowing licensed landscape architects to certify
private road construction drawings.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Action Needed:
Motion to recommend approval as presented; or
Motion to recommend approval with changes; or
Motion to continue; or
Motion to deny the proposed text changes and additions.
ATTACHMENTS:
A -387 Staff Summary
A -387 Street Construction Standards
A -387 Definitions
A -387 Road Standards Matrix
A -387 Private Street Profiles
A -387 Private Cul -de -Sac Profiles
A -387 Private Turnarounds Profiles
Board of Commissioners Meeting
12/06/2010
9 -0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/06/2010
9 -0
CASE: A -387 (09/10)
APPLICANT: Planning & Inspections staff
SUBDIVISION TEXT AMENDMENTS
Request by Staff to amend Sections 20 (Definitions &Interpretations), 41 -1 (7) & (i) (Streets &Street
Projections), 52 -4 (Streets), and add road profiles and design standards to Article VII (Appendices &
Certificates) to the County Subdivision Ordinance.
Planning Board Action
At their regular meeting on October 7, 2010, the Planning Board recommended approval with language
modification to Section 52 -4. The vote by the Board was 5 -0. Several individuals spoke at the meeting in
support of allowing licensed landscape architects to certify private road construction drawings.
Background:
During the past year, a Private Road Task Force Committee composed of several County departments,
NCDOT, WMPO, and interested stakeholders have been working on a series of proposed guidelines that
will enable land planners, engineers, landscape architects, and surveyor's flexibility in designing new site
plan proposals that incorporate private streets. The intent on developing private street language
provides a clear delineation between public and private streets, maintenance responsibilities, reduction
of impervious surface, and minimizes the elimination of significant trees through flexible geometric
street standards.
The profiles and language created by the Task Force:
• Revise Portions Article II, Section 20 - Definitions
• Language Adjustments Article IV, Section 41 -1- Specific Requirements
• Language Re -Write Article V, Section 52- 4— Streets (Public &Private Standards)
• Add Article VII: Appendices &Certificates
- Matrix Table: Private Road Design Standards
- Private Street Cross Section (standard detail)
- Private Street Cul -de -Sac (standard detail)
- Private Street Turn - Around (standard detail)
At its regular meeting on August 25, 2010, the County's Technical Review Committee endorsed the
private road text amendments by a vote of 5 -0.
Artinn NpPrlPrl
Motion to recommend approval as presented
Motion to recommend approval with changes
Motion to continue
Motion to deny the proposed text changes and additions
Board of Commissioners Meeting
12/06/2010
9 -1 -1
Section 52 -4 Streets (Total Re -write of Section)
All streets shall be constructed, inspected, and approved in accordance with the following requirements.
(05/02/88)
1) Construction —All street right -of -way segments designated as public or private shall be
constructed to minimum North Carolina Department of Transportation (NCDOT) standards.
These standards are available for review at the New Hanover County Planning and Inspections
Department, County Engineering Department, and at the Division Office of the NC Department
of Transportation.
Public Streets:
(A) Standards shall include drainage, bridge, right -of -way, and pavement design.
(B) The classification and as a result, the construction standards for a public street
segment may be upgraded to a higher classification if that street segment will
eventually be required to provide access to or collect traffic from future
development on adjacent properties.
(C) All public streets shall be inspected and approved by the District Engineer, NC
Department of Transportation, Division of Highways.
Private Streets:
(A) Streets designated as private shall be constructed to minimum construction
standards as adopted by New Hanover County and certified by a Licensed
Professional Engineer (PE) recognized in the State of North Carolina.
*Recommended language by Planning Board:*
(A) Streets designated as private shall be constructed to minimum construction
Standards as adopted by New Hanover County and certified by a professional legally
reco b a State of North Carolina licensin board as bein licensed to perform
such activities or undertakin
(B) Pavement design shall meet the requirements as specified and shown in the road
profiles depicted in Article VIII of the County's Subdivision Regulations under
Appendices &Certificates.
(C) Streets designated as private may be allowed in subdivisions once they are
reviewed and approved by the County's Technical Review Committee (TRC). In their
review, the TRC will consider unique physical conditions of the property including
but not limited to connectivity, topography, geometric design, storm water, tree
preservation, ingress and egress, reduction of speed to desirable or safe levels and
other safety measures and that sufficient language is provided through a legally
established property owner's association that the streets will be properly
maintained.
(D) Whenever a private street intersects a U.S., NC highway, or Secondary Road, an
approved NCDOT Driveway Permit signed by the District Engineer will be required
prior to final plat approval.
(E) Private road stubs and dead end streets shall be constructed /paved to the property
boundary and shall not contain gates or obstructions to qualify for connectivity
standards as stated in Section 41- 1(7)(f).
Board of Commissioners Meeting
12/06/2010
9 -2 -1
(F) Streets designed as collector roads that accept traffic from local streets will be
required to be designated as public and adhere to the standards under public
streets as noted above.
Private Road Construction Standards
Matrix Table for Road ROW Specifications, General Standards, and Road Profiles located in Article
VII: Appendices & Certificates of this Ordinance.
Board of Commissioners Meeting
12/06/2010
9 -2 -2
ARTICLE II: DEFINITIONS AND INTERPRETATIONS
Section 20 Definitions
For the purpose of this ordinance the following terms have been defined:
100 Year Flood Area - The area of 100 years flood inundation as shown on New Hanover
County's Official Flood Insurance Maps, as amended.
100 Year Coastal Hazard V Zone Area - The area of 100 year coastal flood inundation
with high velocity waters and hurricane action as shown on New Hanover County's
Official Flood Insurance Maps, as amended.
Barrier Islands - Any land formation composed of unconsolidated materials lying on the
ocean side of the mainland. Estuaries or wetlands separate the islands from the mainland.
Block - A parcel of land, which is entirely surrounded by public streets, highways,
railroad rights -of -way, parks or green strips, rural land or drainage channels, or a
combination thereof.
Building Setback Line - A line parallel to the property lines in front of which no structure
shall be built.
Corner Lot - A lot abutting two or more streets at a street intersection.
County En nee - A professional Engineer, registered in the State of North Carolina,
employed by the County Board of Commissioners to provide engineering services to
New Hanover County.
Developer or Subdivider - Any person, firm or corporation who subdivides or develops
any land deemed to be a subdivision as herein defined.
Double or Reverse Frontal
I A-
W
Easement A grant by the property owner for use, by the public, a corporation or person
of a strip of land for specific purposes.
Group Development A group of two or more principal structures built on a single lot,
tract, or parcel of land and designed for occupancy by separate families, firms,
businesses, or other enterprises.
Letter of Credit and Cash Security - A letter of credit or other instrument readily
convertible into cash at face value, deposited either with the County or in escrow with an
escrow agent acceptable to the County. If cash or other instrument is deposited in escrow
with a financial institution as provided above, then the subdivider shall file with the
Director of Engineer Services an agreement between the escrow agent and the subdivider
Board of Commissioners Meeting
12/06/2010
9 -3 -1
guaranteeing the following: (1) that said escrow account shall be held in trust until
released by the County as provided herein and may not be used or pledged by the
subdivider in any other matter during the term of escrow; and (2) that in the case of
failure on the part of the subdivider to complete the required improvements, the escrow
agent shall, upon notification by the County and submission by the County to the escrow
agent of an engineer's estimate of the amount needed to complete the required
improvements, immediately either pay to the County the funds estimated to complete the
required improvements, up to the full balance of the escrow account, or deliver to the
County any other instruments fully endorsed or otherwise made payable in full to the
County (10/07).
Lot - A portion of a subdivision or any other parcel of land intended as a unit for transfer
of ownership or for development, or both. The word lot also include the words "plot" and
"parcel".
Official Map or Plans - Any maps, plans, charts, or texts officially adopted by the County
Board of Commissioners for the development of New Hanover County.
Performance Bond - A performance bond from a surety financial guarantee company
authorized to do
Hanover County.
County (10/07).
business in North Carolina, made issued or made payable to New
The performance bond shall be in a form reasonably acceptable to the
Plans, Constructions - Plan, profile, and detail drawings sufficient to indicate the
construction of all improvements associated with the property to be subdivided, prepared
by a professional, legally recognized by a State of North Carolina licensing board as
being licensed to perform such activities or undertakings. (1/02)
Plat - Includes the map, plan, plat, replat, replot; a map or plan of a tract or parcel of land
which is to be, or which has been subdivided.
Plat, Preliminary - A map of proposed land subdivision showing the character and
proposed layout of the tract in sufficient detail to indicate the suitability of the proposed
subdivision of land.
Plat, Final - A map of a land subdivision prepared in a form suitable for filing of record
with necessary affidavits, dedications, and acceptances, and with complete bearings and
dimensions of all lines defining lots and blocks, streets and alleys, public areas and other
dimensions of land required by this ordinance.
LANGUAGE TO BE MODIFIED IN RED
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2
Board of Commissioners Meeting
12/06/2010
9 -3 -2
Artet,�ial- Arterial t-oad s 1 .�.)t-ovide a hi speed, h.i volut,iie network (5i.,:)rti vvel
between two poitits of tnterest. The desi covers a broader range 'I v s. ('roi,-ii two I -
lane to ii iulti lan.e, at d is oriet ted i,-iiiore • toward Jet— cie-nit niobilit,v rath.er than pr( .,-),p ed,,
access. Exatriple- Market Stireet, Colle R(.,)ad
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Collector: Collectors seirve a dual purpose, collecti-n traffic (-i,,,)r j.-riovenient 1)etweeini
arterial ainid local streets and providin Iii-nited access to abuttin properties. Ttwse streets
n.ot on.1 se),-N/,e traffFic t,-novemiet ts betweet arterials and local streets, Init t1rilrot"'I traffic
witiniti local areas. Collector streets are ptlblic facilities driat are ficee ot' ot- othet-
obstn"Ictions. Collector streets shall intersect witti existi-n or plan-ned collectot- ot- at-terial
(
streets. Drivewav cuts serviti i-ndividual pt-opeirty are and stiall be
j.-rii-nii-nized. Collector streets incit,"Ide sidewalks on one or both sides of the travelwa atid
often iticlude bic ("ii,'-wilities st,"Ich as bike laties or oft" road j.-ri-,L1lti,-use paths. Exarnple:
Torchwood Bl v : , Ba Drive
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Board of Commissioners Meetin
12/06/2010
9-3-3
C I L1[d(.2,Sac. A. street opet-�i at oi ie end tll-iat is planned. constructed, atid operated (i)r t[ile
11
sole pt,"Irpose ofpropert access. Cul-de-sacs shall include a at t[ile closed et-�id
of ttie t
sreet t o per i
i-nt t-everse di- i -e cti on . In t he tit
ieres t of 'pulAic service delivery respot-�se,
the total let-�i ofa CLO-de-sac shall be j.-ii-ii-ni-i-nized. Example: At"nelia Couirt
Alle, Alle provide side or rear access to individL[al parcels driat fi ont on a hi,�, order
street. TI-ile are chat-acterized b narrow ri of-wa and travelwa widtfris to
a c c o tri.,i ri� iodate passet-�i vehicles at d residen.tial services at slow speeds. Alleys g eneraltv,
connect at both et-�ids to local or collector streets. In sot'ne itistat-�ices. dead end alle are
pert-i-iissible with a veh.icle turt arout d at th.e tert,iii-nus of the travelwa No peri,-iiianent
park'Arn is allowed. Alley exam Lorin Alley
Local- I ocal stt-eets pt-ovide access to parcels and iiia I)e plan.ned. constructed, atid
operated for the fti-nctioi i ofpt-opet-t access and lil"nited throu traffic. Traffic volurnes
are lar short trips or a relativel si,-imll part of lo-n trips wl-i.ere local streets coririect
a 1(, - M-i"ll ow Ro ad
j or streets or hi ot'hi classifications. Street exarriptIL-I..
W
Street Stu[)s. A. dedicated ri o( wa-�,t, that abuts undeveloped propert"lly, fi,)r t[ile purpose
of allowiti Future access, cot,rt,wctivity. or to lo extet-�id the stt-eet systet'n itito the
rri-) " I tj
-ow..,jin area. All street stul)s desi as public or private shall be paved to the
propert li-ne it-�i order to be counted toward the road coinnectivit re
It,/ W,
Tet,iiporar'v access bulbs to facilitate ade tur-narout-�id cot-�is-istrn ofan all weathered
SI'Llit"'i.--",.,,.I�,,c-li,-.1 i''iiav be re Win of bulb shall be ren-�oved when ad' i i latid is
j
developed. -No g ates or obstructiot-�is will be pern,iitted. Flowever. ade si
itistalled by the developet- to wart j,"'ttotorists of dead end sh.all I.-,,)e re
Si Distance- Area at ii aet-sectin street tt.",-iat estal)lish.es a clear li-ne ot'si fcir a
waiti-n vel-iicle to see oncoin,iin ci�tn.d tri.,iake turtiit-�i ri'lovemet ts into oroult ofs tree t
or drivewa saf'�l or for traf-fic to see enterin or waitin vehicles.
Plaza Area- An area adjacent to tl,,-ie roadway which serves as a pl-i 1,,-,,)arrier to direct
the flow oftra-11"ic at-�Id to sepat-ate traffic ttie activitv on. private property.
11
Board of Commissioners Meetin
12/06/2010
9-3-4
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Alle, Alle provide side or rear access to individL[al parcels driat fi ont on a hi,�, order
street. TI-ile are chat-acterized b narrow ri of-wa and travelwa widtfris to
a c c o tri.,i ri� iodate passet-�i vehicles at d residen.tial services at slow speeds. Alleys g eneraltv,
connect at both et-�ids to local or collector streets. In sot'ne itistat-�ices. dead end alle are
pert-i-iissible with a veh.icle turt arout d at th.e tert,iii-nus of the travelwa No peri,-iiianent
park'Arn is allowed. Alley exam Lorin Alley
Local- I ocal stt-eets pt-ovide access to parcels and iiia I)e plan.ned. constructed, atid
operated for the fti-nctioi i ofpt-opet-t access and lil"nited throu traffic. Traffic volurnes
are lar short trips or a relativel si,-imll part of lo-n trips wl-i.ere local streets coririect
a 1(, - M-i"ll ow Ro ad
j or streets or hi ot'hi classifications. Street exarriptIL-I..
W
Street Stu[)s. A. dedicated ri o( wa-�,t, that abuts undeveloped propert"lly, fi,)r t[ile purpose
of allowiti Future access, cot,rt,wctivity. or to lo extet-�id the stt-eet systet'n itito the
rri-) " I tj
-ow..,jin area. All street stul)s desi as public or private shall be paved to the
propert li-ne it-�i order to be counted toward the road coinnectivit re
It,/ W,
Tet,iiporar'v access bulbs to facilitate ade tur-narout-�id cot-�is-istrn ofan all weathered
SI'Llit"'i.--",.,,.I�,,c-li,-.1 i''iiav be re Win of bulb shall be ren-�oved when ad' i i latid is
j
developed. -No g ates or obstructiot-�is will be pern,iitted. Flowever. ade si
itistalled by the developet- to wart j,"'ttotorists of dead end sh.all I.-,,)e re
Si Distance- Area at ii aet-sectin street tt.",-iat estal)lish.es a clear li-ne ot'si fcir a
waiti-n vel-iicle to see oncoin,iin ci�tn.d tri.,iake turtiit-�i ri'lovemet ts into oroult ofs tree t
or drivewa saf'�l or for traf-fic to see enterin or waitin vehicles.
Plaza Area- An area adjacent to tl,,-ie roadway which serves as a pl-i 1,,-,,)arrier to direct
the flow oftra-11"ic at-�Id to sepat-ate traffic ttie activitv on. private property.
11
Board of Commissioners Meetin
12/06/2010
9-3-4
Section 41 -1 Specific Requirements
7) Streets
(a) Local Mine r streets shall be laid out so that their use by through traffic
will be discouraged.
(b) All streets shall be designated to be either public or private in accordance
with N. C. General Statute 136-102.6 by the subdivider who shall then
comply with the requirements of said General Statute and shall submit
concurrently with the final plat all disclosure statements required by said
General Statute.
(c) When a planned subdivision is adjacent to an arterial or street, a
marginal access street may be required to provide access for lots fronting
on the arterial or primary street.
(i) P I i c� Street Pro j ections
Where there are lots fronting street projections to adjacent properties and
services are required, a temporary turnaround shall be constructed at the
end of the street at the property line, said turnaround to be constructed in
accordance with NCDOT Specifications
1. Where there are no lots fronting street projections to adjacent
properties frontage, the frontage being more or less one side lot
length, the street may be constructed to the property line and
dead -ended with no cul -de -sac required in accordance with
NCDOT Specifications
- -- °fir - - ° - - ° °- -- - ° - - ° - -_
3. In any and all cases, the developer shall be responsible for the
cost of and placement of all required dead -end barricades and
signs .
4. Additional rights -of -way needed for a temporary turnaround at
the end of the street projections to adjacent properties shall be in
the form of temporary easements or rights -of -way reserved by
the subdivider. It is the intention that upon extension of the street
into the adjacent property the requirement for a cul -de -sac will
cease and that the temporary right -of -way granted for the cul -de-
sac construction will revert to the adjacent property owner.
5. Street projections proposed for access to adjacent properties shall
have temporary turnarounds installed in accordance with this
chapter and NCDOT Specifications.
Board of Commissioners Meeting
12/06/2010
9 -3 -5
ROAD DESIGN STANDARDS
Allev Cul -de -sac local Collector
ROW (R)
20
45
45
50
Travelway Width (W)
18
22
24
26
Minimum Horizontal Centerline Radius
55
100
100
200
Minimum Edgeline Radius at Corners
N/A
15
25
30
Pavement Design Standard (NCDOT)
Local
Local
Local
Collector
General Standards:
Minimum Offset Between Centerlines of Intersections
200
Tangent Length Between Horizontal Curves
100
Maximum Cul -de -sac Length
500'
Plaza Width (between back of curb and sidewalk)
5'
Sight Distance Triangle at Intersections
10'x70'
Board of Commissioners Meeting
12/06/2010
9 -4 -1
Crown w/ Vertical or Header Curb
R/W
,walk Plaza
6 S' min
± 2% Slope
,.,—Vertical Curb
4" Topsoil ----/
Seed and Stabilize
Crown w/ Valley or Slope Curb
R/W
Header Curb
Wx 0
Valley Curb
walk Plaza Slope Curb
6 S' min W
±2% Slope Std Slope 2% -4.0%
1 , 1' min l 1' min
4" Topsoil
Seed and Stabilize NCDOT Standard Pavement Design
Superelevated
R/W
Any Standard Curb
Sidewalk Plaza Swales fo Header
5 5' min W lr. aza Curb Design
- 2% Slope Std Slope 2% -4.0% min
NCDOT Standard Pavement Design
Notes:
1. Lane width (W) and Right -of -way width
(R /W) as given in the Subdivision Ordinance (Table ? ? ?)
2. All concrete to be 3000 psi.
3. Use NCDOT Subdivision Manual for minimum pavement design.
4. Use the standard NCDOT Curb Details.
5. Use the standard NCDOT Handicap Ramp Detail.
REVISIONS 0 �NTY.
G �° F DATE : -- 5/10 REV DESCRIPTION DATE APPROVED Private Street Section
o SCALE:
.�� Standard Detail NONE
sAIRLISM9 l� DRAWN BY:
NEW HANOVER COUNTY, NORTH CAROLINA REV: B.Karabin
ENGINEERING DEPARTMENT 03/04/10 CHECKED BY
J. lannucci
230 GOVERNMENT CENTER DRIVE, SUITE 180
SHEET NO: PROJECT No.
Board of Comr *ftMjtW0 Qg28403
OFFIC9?{4 # 7139 FAX: (910) 798 - 7951
NCDOT Standard Pavement Design
Circular
Circular Offset
— — Any Approved
Curb
�$ t R =15 min
OC
I
Any Approved
Curb
�I
REVISIONS
REV DESCRIPTION DATE APPROVED �w�- a ��, Residential DATE:
z 9 02/08/10
Culmdemsac SCALE
NONE
Standard Detail
sA�rzsxe0 l� DRAWN BY:
B.Karabin
NEW HANOVER COUNTY, NORTH CAROLINA REV:
ENGINEERING DEPARTMENT CHECKED BY:
03/04/10 J. lannucci
230 GOVERNMENT CENTER DRIVE, SUITE 180
SHEET NO: PROJECT N0.
Board of Comr *ftMjtW0 Qg28403
0FFIC92{ # 7139 FAX: (910) 798 -7951
Li / 1
/-R =15' min
Ln
REVISIONS G0 ,A3 y. o
REV DESCRIPTION DATE APPROVED ,w� Private Street 2/
o � 02/08/10
Turnaro SCALE:
NONE
BZISHEp1 Standard Detail
DRAWN BY:
'SrA` �' B.Karabin
NEW HANOVER COUNTY, NORTH CAROLINA REV:
ENGINEERING DEPARTMENT 03/04/10 CHECKED BY
J. lannucci
230 GOVERNMENT CENTER DRIVE, SUITE 180
SHEET NO: PROJECT N0.
Board of ComnW&MHW0 0 g28403
OFFIC14:WW7139 FAX: (910) 798 -7951 Ll / l j
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 6, 2010
REGULAR
ITEM: 10
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
and Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Zoning Text Amendment (A -389) — Request by Staff to Amend Article VI and Article VII of the
Zoning Ordinance to Allow for Establishment of Farmers' Markets and Produce Stands Under
Certain Conditions
BRIEF SUMMARY:
At its October 7 , 2010 meeting, the Planning Board voted 5 -0 to recommend approval of an amendment
requiring standards for farmers markets or produce stands in residential districts.
No one from the public spoke on this item.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "prior to adopting or rejecting
any zoning amendment, the governing board shall adopt a statement describing whether the action is
consistent with an adopted comprehensive plan and explaining why the board considers the action taken to
be reasonable and in the public interest."
EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of policy 5.7 and others adopted in the 2006
land use plan;
2. Reasonable and in the public interest to create a set of standards regulating farmers
markets and produce stands located in residential zoning districts.
e TT e ruXrF.1vTC -
A -389 Farmers Markets in Residential Districts
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/06/2010
10 -0
A -389 Amendment to the Zoning Ordinance
Request by Staff to amend Article VI and Article VII to establish standards for Farmers
Markets or Produce Stands in Residential Districts.
Planning Board Action: At its October 7, 2010 meeting, the Planning Board voted 5 -0 to
recommend approval of an amendment requiring standards for farmers markets or produce
stands in residential districts. No one from the public spoke on this item. The ordinance
language presented to the Planning Board represented an array of provisions found in other
locations for farmers market or open lot agricultural sales.
History
Farming in New Hanover County has been rapidly declining, but the desire for fresh and local
food products has grown, generating an interest in expanding the areas where sales of these food
products would be allowed.
Farmers Markets have become a popular idea in the past few years. Often, they are operated on
public property in partnership with a city or other governmental entity, as in Wilmington, Carolina Beach
and the State Farmers Market in Raleigh. But a Farmers Market can also be a private enterprise, as we
see at Poplar Grove Plantation. Produce stands are also popular in our area.
Currently, our ordinance would allow such uses in commercial zoning districts subject to normal
commercial standards or on residential properties when the products are grown on the same site.
However, in the midst of our economic downturn, many individuals have pursued creative and
somewhat random means for generating income by selling produce and other goods by the roadside or
in locations other than commercial areas.
Farmers Markets are collective enterprises concentrated in a single location, leasing or
otherwise assigning spaces to grower- vendors selling produce and related farm products under a
consistent set of management guidelines and restrictions. Generally, all items must be grown, raised,
foraged, caught, or otherwise produced by the seller. By contrast, produce stands are typically
characterized by one vendor who sells a variety of farm products in one location for off site growers.
Farmers Markets and produce stands promote regional agriculture and ensure a continuing supply of
fresh, local produce for residents. These markets support farmers and preserve farmland for the future
by providing regional small family farmers with alternative opportunities to sell their fruits, vegetables
and other farm products.
While Farmers Markets and produce stands are desirable in concept, they can impose conflicts
and unsafe conditions along roadways or within residential communities when they are poorly located
or managed. In order to encourage local agricultural production, expand opportunities to market these
goods, and to accommodate availability of fresh and local food sources in closer proximity to where
people live, Staff recommends the following amendments to the zoning ordinance.
PROPOSAL
A -389 (10/10) Page 1 of 4
10/29/2010
Board of Commissioners Meeting
12/06/2010
10 -1 -1
Article II Definitions (add)
Farmers Market : a collective enterprise selling directly to the public and operated under a unified set of
management guidelines and restrictions, concentrated in a single location, and leasing or otherwise
assigning spaces to growers /producers who personally sell fresh produce and related farm products
locally grown off site.
Produce Stand: a single- vendor enterprise established to sell a variety of farm products directly to the
public in a single location for one or several off site growers.
ARTICLE VI SUPPLEMENTARY STANDARDS
Section 61 -5: Standards for Temporary Farmers Markets or Produce Stands in Residential Districts
Open lot sales of farm produce and related products may be allowed by right as a temporary use in all
residential zoning districts when all of the following standards are met:
(1) Sales are limited to a cumulative total of no more than 60 days per calendar year.
(2) In the case of a Farmers Market, all vendors must be original producers of items for sale. Eligible
products for temporary farmers markets or produce stands are fruits, vegetables, herbs,
flowers, eggs, meats, seafood, cheese, baked goods, jellies and jams, honey, and handmade
crafts, consistent with NC Food and Drug Protection Agency and the Department of Agriculture,
and all other federal, state and local laws relating to the production and selling of such goods. A
minimum of 75% of the products displayed and offered for sale must be directly linked to farm
products, and documentation of how these standards will be met shall be specified on the
submission for zoning approval.
(3) The proposed time schedule and duration of the use must be specified on the submission for
zoning approval.
(4) Minimum lot size shall be no less than 1 acre for produce stands and 2 acres for farmers
markets.
(5) The site shall front on a collector or arterial roadway.
(6) Approved NCDOT driveway permit is required.
(7) Ingress, egress, circulation, and parking plans shall describe measure proposed to assure safety
and minimize traffic impacts on surrounding areas.
(8) Adequate solid waste disposal methods must be provided for vendors and customers
(9) Only temporary signage shall be allowed for these temporary uses. A maximum of two (2)
temporary signs shall be allowed on site to advertise for the market as a whole.
a. Temporary signage consistent with the permit may be installed no more than 2 days prior to
the start of market activities and shall be removed at the conclusion of operating hours.
b. Individual signs shall not exceed 35 square feet in sign area. All permitted signs shall have a
maximum height of 6 feet and shall be setback a minimum of 10 feet from any property line.
c. Illumination of signage is prohibited.
(10) Parking Requirements
a. One (1) parking space is required for every eight hundred square feet (800) of gross
market area. Except that a minimum of two spaces is required. Spaces shall meet the
A -389 (10/10) Page 2 of 4
10/29/2010
Board of Commissioners Meeting
12/06/2010
10-1-2
minimum size requirements as identified in New Hanover County Zoning Ordinance,
Section 80 -6: Off - Street Parking Design and Space Size.
b. Parking shall be provide on the same site as the Farmers Market or produce stand, or
may be located off site provided that it is within four hundred (400) feet of the main
entrance of the market. If parking is provided off of the primary parcel then a written
parking agreement between the responsible party and the parcel owner shall be
provided prior to the issuance of any permit. Adequate and safe ingress and egress shall
be provided by the Farmers Market Management or the property owner.
C. All parking must occur in designated areas. No parking shall occur in any unimproved
parking surfaces such as, but not limited to landscape parking islands, medians, or
open /passive recreation space.
(11) A site layout showing the proposed marketing area (vendor spaces, staging, sales and display
areas, and customer promenades), parking, traffic circulation, lighting, waste disposal method,
signage and other site amenities must be submitted for approval.
(12) Tents or other shelters must meet fire safety codes and shall be disassembled after market
hours of operation. Tents shall be located so that they will not interfere with the normal
operations of any permanent use on the property.
(13) The proposed location may not be part of designated recreation, open space or common area
in an approved residential subdivision.
(14) Restroom facilities for the public may be required for complaince with NC Building Code.
(15) If structures are proposed or required, the plan shall be reviewed for compliance with the
Americans with Disabilities Act and other building codes.
(16) Live animals or birds shall not be sold or displayed.
(17) No bands, amplified music or other entertainment shall be allowed.
(18) No concessions for consumption on site and no cooking of products shall be allowed on the
site.
(19) No alcohol products shall be allowed.
(20) Any proposal for a permanent farmers market or produce stand, and any temporary farmers
market or produce stand proposing to exceed the standards or limitations outlined in this
section may be allowed at the discretion of the Board of County Commissioners only upon
issuance of a Special Use Permit under the terms and conditions outlined in Article VII of this
ordinance.
ARTICLE VII PROVISIONS FOR USES ALLOWED AS SPECIAL USES
Section 72 -40 Farmers Markets or Produce Stands in Residential Zoning Districts
A Farmers Market or produce stand, whether enclosed in a structure(s) or proposed as open lot sales of
farm produce, shall be allowed in residential zoning districts by special use permit when such use is
proposed as a permanent enterprise; when the provisions and standards of Section 61 -5 or 61 -6 of this
ordinance are not met; or when goods or activities are proposed which do not conform to Section 61 -5
or 61 -6. In reviewing proposals, the Planning Board and the Board of County Commissioners shall review
each application in accordance with the requirements of Section 71 -1(3) and more particularly with
regard to the following:
A -389 (10/10) Page 3 of 4
10/29/2010
Board of Commissioners Meeting
12/06/2010
10 -1 -3
(1) The shape, the environmental characteristics, the width and the physical location of the
property.
(2) The inclusion of a safe and enforceable management plan for pedestrian and vehicular traffic,
(including parking) both on the proposed site and along the adjacent roadway.
(3) The extent to which all adjoining residential uses will be protected from imposition of artificial
light, noise, dust, odors or debris generated by any and all of the proposed market uses.
(4) The inclusion of an adequate solid waste management plan to systematically remove discarded
products and other debris.
(5) Assurances of the authenticity of farm products and arts and crafts and a listing of goods to be
sold.
(6) The extent to which the range of standards, goods or activities for the proposal meets or
deviates from those standards outlined in Section 61 -5 or 61 -6 of this ordinance, whichever
applies.
(7) For permanent signage, the proposal must meet the requirements of Article IX of this ordinance.
Temporary signage shall be subject to the provisions of 61 -5.
(8) All structures or operations must comply with environmental health codes, fire codes and
building codes, as applicable.
Final approval or denial of any special use permit shall be made according to the judgment of the Board
of County Commissioners. The Board may decide that the proposal as submitted will benefit the
community without undue conflicts or that the proposal is not appropriate in the proposed location. If
approved, the permit may be conditioned by the Board when, in its wisdom, additional conditions are
necessary to mitigate specified negative impacts upon the community.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether the
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE:
The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of policy 5.7 and others adopted in the 2006 land use
plan;
2. Reasonable and i the public interest to create a set of standards regulating farmers markets
and produce stands located in residential zoning districts.
A -389 (10/10) Page 4 of 4
10/29/2010
Board of Commissioners Meeting
12/06/2010
10-1-4
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 6, 2010
REGULAR
ITEM: 11
DEPARTMENT: Planning PRESENTER(S): Sam Burgess, Subdivision Review Planner; Chris
O'Keefe, Planning & Inspections Director
CONTACT(S): Sam Burgess, Subdivision Review Planner; Chris O'Keefe, Planning & Inspections Director
SUBJECT:
Public Hearing
Street Naming (SN -112, 11 /10) - Request by Staff to Name an Unimproved Road Known as New Road
to New Jack Road and Reassign Street Mailing Addresses Located Between Whipporwill Lane and
Channel Haven Drive North, East of the 400 Block of Masonboro Loop Road
BRIEF SUMMARY:
During the course of assigning a street address for a new residential home under construction, Planning and
Inspections staff discovered the street known as New Road had not been officially named and mailing
addresses along the street were not in sequence in accordance with the Addressing Standards & Procedural
Manual adopted by the Board in 2002. The current name was created for short term use in 1996 during
debris removal from Hurricane Fran. Four residential homes utilize the street for access.
Most of the street is unimproved and is approximately 630 feet in length. Residents who live along the street
were given the opportunity to choose an unduplicated name and a majority of residents were in agreement
with New Jack Road. Emergency 911 has approved the proposed street name.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
In order to provide proper identification for emergency service delivery based on the Addressing Standards
& Procedure Manual staff recommends approval of the street name to New Jack Road and reassignment of
street mailing addresses. If approved by the Board, the County will be responsible for the creation and
installation of two street signs.
ACTION NEEDED
Motion to recommend approval as presented or
Motion to recommend approval with changes or
Motion to continue or
Motion to deny recommendation as presented
ATTACHMENTS:
SN -112 Staff Summary
SN -112 Base Site Map and Prop Owners
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
12/06/2010
11 -0
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/06/2010
11 -0
CASE: SN -112, 11/10
PETITIONER: Planning & Inspections staff
REQUEST: Official Street Naming & Reassignment Mailing Addresses
LOCATION: Between Whipporwill Lane &Channel Haven Drive North
(East of 4600 block Masonboro Loop Road)
Staff Summary
During the course of assigning a street address for a new residential home under construction, Planning
and Inspections staff discovered that the name of the street known as New Road had not been officially
named. Further examination revealed that mailing addresses along the street were not in sequence in
accordance with the Addressing Standards & Procedural Manual adopted by the Board in 2002. The
current name was created for short term use back in 1996 during debris removal from Hurricane Fran.
Four residential homes utilize the street for access.
Presently, most of the street is unimproved and is approximately 630 feet in length. Residents who live
along the street were contacted and given the opportunity to choose an unduplicated name. A majority
of residents were in agreement with New Jack Road. Emergency 911 has approved the street name.
Staff Recommendation
In order to provide proper identification for emergency service delivery based on the Addressing
Standards & Procedure Manual, Staff recommends approval of the street name to New Jack Road and
reassignment of street mailing addresses. If approved by the Board, the County will be responsible for
the creation and installation of two street signs.
Action Needed
Motion to recommend approval as presented
Motion to recommend approval with changes
Motion to continue
Motion to deny recommendation as presented
Board of Commissioners Meeting
12/06/2010
11 -1 -1
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