Agenda 2007 02-05
AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembb Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wdmington, NC
WilLIAM A. CASTER, CHAIRMAN. ROBERT G. GREER, VICE-CHAIRMAN
TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP, JR., COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER
BRUCE T, SHELL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' SHEILA SCHULT, CLERK TO THE BOARD
February 5, 2007 5:30 p.m.
MEETING CALLED TO ORDER (Chairman William A. Caster)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF CONSENT AGENDA
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
5:40 p.m. 1. Consideration of Human Relations Month Proclamation 35
5:45 p.m. 2.1 Public Hearing 37
Modification of Master Plan (2-677, 7/99; Mod. 1/07) - Request by McKim &
Creed for NNP IV Cape Fear River, LLC to Modify the Approved Master
Plan for the Relocation of River Road
6:25 p.m. 2.2 Public Hearing 59
Special Use Permit (S- 571, 12/06) - Request by Duncan Marine Contractors,
Inc. for REIS, LLC to Locate a 7- Slip Community Boating Facility in an R-15
Residential District at 'The Bluffs at Trail's End" (7 residential lots on Trail's
End Road)
6:45 p.m. 3. Consideration of a Resolution of Intent to Close a Portion of Allen Avenue, 71
Mvrtle Grove Communitv (SC-83_ 01/07)
6:55 p.m. 4. Consideration of Plans for Blue Clay Adventure Park 77
7: 10 p.m. 5. Meeting of the Water and Sewer District 79
7:20 p.m. 6. Non-Agenda Items (limit three minutes)
7:25 p.m. 7. Additional Items
County Manager
Commissioners
Clerk to the Board
County Attorney
7:30 p.m. ADJOURN
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
7: 10 p.m. 1. Non-Agenda Items (limit three minutes)
7: 15 p.m. 2. Approval of Minutes 81
2
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 5
2. Approval to Adopt a State Road Resolution Requesting the State to Add the 7
Following Roads: Memorv Lane, Goose Pond Court Silo Court in Section 5
(Gala Acres) of Apple Valley Subdivision
3. Approval to Adopt a State Road Resolution Requesting the State to Add the 9
Following Roads: Houston Court Old Barn Court in Section 2 <Walnut Hills) of
Apple Valley Subdivision
4. Approval to Adopt a State Road Resolution Requesting the State to Add the 11
Following Roads: Passage Gate Way, Zephyr Drive and Maria Court in Crown
Ridge at Tidalholm Subdivision
5. Approval of Memorandum of Understanding for Cooperative, Comprehensive, 13
and Continuing Transportation Planning
6. Approval to Jointly Sponsor a Legislative Weekend ,vith the Chamber of 25
Commerce and the City of Wilmington and Approval of Associated Budget
Amendment 07-119
7. Ratification of Preservation Grant Application bv the Librarv 27
Approval of Budget Amendments:
8.1 07-115 Library 29
8.2 07-118 General Government 31
3
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4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Consent Item #: 1 Estimated Time: Page Number:
Department: Governing Body Presenter: Chairman Caster
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Agenda Review meeting held on January 18, 2007 and Regular Session meeting and Closed
Session meeting held on January 22,2007.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
5
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6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Consent Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: Sheila L. Schult, Clerk to the Board
Contact: Sheila L. Schult, Clerk to the Board
Item Does Not Require Review
SUBJECT:
Adoption of State Road Resolution Requesting the State to Add the following Roads: Memory lane, Goose Pond
Court, Silo Court, in Section 5 (Gala Acres) of Apple Valley Subdivision (Div. File No: 1090-N)
BRIEF SUMMARY:
NCDOT is considering the addition of these roads and requesting the Board to adopt the resolution in support of adding the
roads.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt Standard SR-2 Resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
NCDOT Letter
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
7
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT
GOVERNOR ~ IE IC: IE ~ o/J [~ rnv
January 2,2007
I!UI
JAN 1 0 Il:]
Ms. Sheila Schult, Clerk to the Board
New Hanover County Board of Commissioners NeW fWI01'ER co \
320 Chestnut Street, Room 305 BD, Of COMM1SSIOtERS
Wilmington, NC 28401
Subject: Proposed Addition to the State System of Highways
Dear Ms. Schult:
This office is considering the addition of Memory Lane, Goose Pond Court, Silo Court, in
Section 5 (Gala Acres) of Apple Valley Subdivision (Div. File No: 1090- N) to the state
system. After the Board's consideration, if they concur with our recommendation, please
furnish this office with the current county resolution and official road name for our further
handling.
If I may be of further assistance, please advise.
Very truly yours,
A~~
District Engineer
A WL:cdr
Attachments
Cc: Jerry Taylor, New Hanover County Maintenance Engineer
300 Division Drive, Wilmington, N.C. 28401 Tel: (910) 251-2655 Fax: (910) 251-2759
8
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Consent Item #: 3 Estimated Time: Page Number:
Department: Governing Body Presenter: Sheila L. Schult, Clerk to the Board
Contact: Sheila L. Schult, Clerk to the Board
Item Does Not Require Review
SUBJECT:
Adoption of State Road Resolution Requesting the State to Add the following Roads: Houston Court, Old Barn
Court, in Section 2 (Walnut Hills) of Apple Valley Subdivision (Div. File No: 1091-N)
BRIEF SUMMARY:
NCDOT is considering the addition of these roads and requesting the Board to adopt the resolution in support of adding the
roads.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt Standard SR-2 Resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
NCDOT Letter
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
9
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT
GOVERNOR SECRETARY
January 2,2007 ~ IE ((; IE ~ 'W [E~
llL'
, I
Ms. Sheila Schult, Clerk to the Board IA~! i~
0, ,4 !
I '
New Hanover County Board of Commissioners . 1
320 Chestnut Street, Room 305 NE'/I H~,};;~:\"'~-~ "'0 i
Wilmington, NC 28401 AD. OF C!J~/\~::;,~)i;~;t'!J].L__~J
Subject: Proposed Addition to the State System of Highways
Dear Ms. Schult:
This office is considering the addition of Houston Court, Old Barn Court, in Section 2
(Walnut Hills) of Apple Valley Subdivision (Div. File No: 1091- N) to the state system.
After the Board's consideration, if they concur with our recommendation, please furnish this
office with the current county resolution and official road name for our further handling.
If! may be of further assistance, please advise.
Very truly yours,
AwP
Anthony W. Law
District Engineer
A WL:cdr
Attachments
Cc: Jerry Taylor, New Hanover County Maintenance Engineer
300 Division Drive, Wilmington, N.C. 28401 Tel: (910) 251-2655 Fax: (910) 251-2759
10
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Consent Item #: 4 Estimated Time: Page Number:
Department: Governing Body Presenter: Sheila L. Schult, Clerk to the Board
Contact: Sheila L. Schult, Clerk to the Board
Item Does Not Require Review
SUBJECT:
Adoption of State Road Resolution Requesting the State to Add the following Roads: Passage Gate Way, Zephyr
Drive and Maria Court in Crown Ridge at Tidalholm Subdivision (Div. File No: 1093-N)
BRIEF SUMMARY:
NCDOT is considering the addition of these roads and requesting the Board to adopt the resolution in support of adding the
roads.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt Standard SR-2 Resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
NCDOT Letter
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
11
[5) IE [; [U WI IE ~
I lfl1 JAN 1 8 2007 l1J)
I NEW H,ANOVER CO
SD. Of COMMISSIONERS
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT
GOVERNOR SECRETARY
January 11, 2007
Ms. Sheila Schult, Clerk to the Board
New Hanover County Board of Commissioners
320 Chestnut Street, Room 305
Wilmington, NC 28401
Subject: Proposed Addition to the State System of Highways
Dear Ms. Schult:
This office is considering the addition of Passage Gate Way, Zephyr Drive and Maria Court
in Crown Ridge at Tidalholm Subdivision (Div. File No: 1093- N) to the state system. After
the Board's consideration, if they concur with our recommendation, please furnish this office
with the current county resolution and official road name for our further handling.
If I may be of further assistance, please advise.
Very truly yours,
J. [ )
~ Wer-
Anthony W. Law /
District Engineer
A WL:cdr
Attachments
Cc: Jerry Taylor, New Hanover County Maintenance Engineer
300 Division Drive, Wilmington, N.C. 28401 Tel: (910) 251-2655 Fax: (910) 251-2759
12
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Consent Item #: 5 Estimated Time: Page Number:
Department: Governing Body Presenter: Bill Kopp, County Commissioner
Contact: Bill Kopp, County Commissioner
SUBJECT:
Memorandum of Understanding for Cooperative, Comprehensive, and Continuing Transportation Planning
BRIEF SUMMARY:
The Transportation Advisory Committee (TAC), during its January 24,2007 meeting, voted to endorse a revised
Memorandum of Understanding (MOU) that is consistent with the SAFETEA-LU Transportation legislation. The TAC is now
requesting that each County Board approve the MOU. Once approved by all the appropriate parties, the document will be
distributed for signatures.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the Memorandum of Understanding.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
... .:..
~~
Wilmington_M PO _M 0 U _Adopted 1_24_07. pdf
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
13
MEMORANDUM OF UNDERSTANDING
FOR
COOPERATIVE, COMPREHENSIVE, AND CONTINUING TRANSPORTATION
PLANNING
Between
THE CITY OF WILMINGTON, TOWN OF CAROLINA BEACH, TOWN OF KURE
BEACH, TOWN OF WRIGHTSVILLE BEACH, COUNTY OF NEW HANOVER,
TOWN OF BELVILLE, TOWN OF LELAND, TOWN OF NA V ASSA, COUNTY OF
BRUNSWICK, COUNTY OF PENDER, CAPE FEAR PUBLIC TRANSPORTATION
AUTHORITY AND THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
WITNESSETH
THAT WHEREAS, the City of Wilmington, Town of Carolina Beach, Town of
Kure Beach, Town of Wrightsville Beach, County of New Hanover, Town of Belville,
Town of Leland, Town of Navassa, County of Brunswick, County of Pender, Cape Fear
Public Transportation Authority and the North Carolina Department Of Transportation
(NCDOT) entered into a Memorandum of Understanding for Cooperative,
Comprehensive, and Continuing Transportation Planning, last amended on August 2,
2006, regarding the Wilmington Urban Area Metropolitan Planning Organization (MPO);
WHEREAS, each MPO is required to develop a comprehensive transportation
plan in cooperation with NCDOT and in accordance with 23 U.S.C. g 134, any
subsequent amendments to that statute, and any implementing regulations;
WHEREAS, the transportation plan, once adopted by the MPO and NCDOT,
shall be the basis for future transportation improvements within the MPO; and,
WHEREAS, it is the desire of these parties that all prior Memoranda of
Understanding between the parties be superseded and replaced by this Memorandum of
Understanding.
NOW THEREFORE, the following Memorandum of Understanding is made. .
Section 1. It is hereby agreed that the CITY OF WILMINGTON, TOWN OF
CAROLINA BEACH, TOWN OF KURE BEACH, TOWN OF WRIGHTSVILLE
BEACH, COUNTY OF NEW HANOVER, TOWN OF BELVILLE, TOWN OF
LELAND, TOWN OF NA V ASSA, COUNTY OF BRUNSWICK, COUNTY OF
PENDER, CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY AND THE
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION in cooperation with
the UNITED STATES DEPARTMENT OF TRANSPORTATION, will participate in a
continuous planning process as related in the following paragraphs:
1. The Metropolitan Planning Organization in the Wilmington Urban Area
includes the boards of general purpose local government - Wilmington
Page 1 of 11
14
City Council; Carolina Beach Town Council; Kure Beach Town Council;
Wrightsville Beach Board of Alderman; New Hanover County Board of
Commissioners; Belville Board of Commissioners; Leland Town Council;
Navassa Town Council; Brunswick County Board of Commissioners;
Pender County Board of Commissioners; the Cape Fear Public
Transportation Authority; and the North Carolina Board of Transportation;
a Transportation Advisory Committee hereinafter defined; a Technical
Coordinating Committee hereinafter defined; and the various agencies and
units of local and State government participating in the transportation
planning for the area.
2. The area involved, the Wilmington Urban Area MPO Metropolitan Area
Boundary, will be the Wilmington Urbanized Area as defined by the
United States Department of Commerce, Bureau of the Census, plus that
area beyond the existing urbanized area boundary that is expected to
become urban within a twenty year planning period.
3. The projected Metropolitan Area Boundary will be periodically re-
assessed and revised in the light of new developments and basic data
projections for the current planning period.
4. The continuing transportation planning process will be a cooperative one
and all planning discussions will be reflective of and responsive to the
programs of the North Carolina Department of Transportation, and to the
comprehensive plans for growth and development of the Municipality of
Wilmington, Carolina Beach, Kure Beach, Wrightsville Beach, Belville,
Leland, Navassa, and the counties of New Hanover, Brunswick and
Pender.
5. The continuing transportation planning process will be in accordance with
the intent, procedures, and programs of Title VI of the Civil Rights Act of
1964, as amended.
6. Transportation policy decisions within the planning area are the
responsibility of the Wilmington City Council; Carolina Beach Town
Council; Kure Beach Town Council; Wrightsville Beach Board of
Alderman; New Hanover County Board of Commissioners; Belville Board
of Commissioners; Leland Town Council; Navassa Town Council;
Brunswick County Board of Commissioners; Pender County Board of
Commissioners; the Cape Fear Public Transportation Authority; and the
North Carolina Board of Transportation.
7. Transportation plans and programs and land use policies and programs, for
the local urbanized area, having regional impacts will be coordinated with
the Cape Fear Council of Governments (via the Cape Fear Rural Planning
Organization), an agency established by the City of Wilmington, Town of
Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach,
County of New Hanover, Town of Belville, Town of Leland, Town of
Navassa, County of Brunswick, County of Pender and other municipalities
and counties of the North Carolina Council of Governments Region 0,
Page 2 of 11
15
8. A Transportation Advisory Committee is hereby established with the
responsibility for serving as a forum for cooperative transportation
planning decision making for the Wilmington Urban Area Metropolitan
Planning Organization, The Transportation Advisory Committee shall
have the responsibility for keeping the policy boards informed of the
status and requirements of the transportation planning process; assisting in
the dissemination and clarification of the decisions, inclinations, and
policies of the policy boards; and ensunng meaningful citizen
participation in the transportation planning process.
The Transportation Advisory Committee will be responsible for carrying
out the provisions of23 U.S.C. 134, including:
a. Review and approval of the transportation Planning Work Program
which defines work tasks and responsibilities for the various
agencies participating in the transportation planning process;
b. Review and approval of the Metropolitan Transportation
Improvement Program for multi-modal capital and operating
expenditures and to ensure coordination between local and State
capital and operating improvement programs;
c. Endorsement, review and approval of changes to the adopted Long
Range Transportation Plan. As required by the North Carolina
General Statutes Section 136-66.2( d), revIsions in the
Transportation Plan must be jointly approved by the MPO and the
North Carolina Department of Transportation;
d. Endorsement, review and approval of changes to the Federal-Aid
Functional Classification System and the Wilmington Adjusted
Urbanized Area;
e. Establishment of goals and objectives for the transportation
planning process; and
f. Adoption of bylaws for the purpose of establishing operating
policies and procedures.
The membership of the Transportation Advisory Committee shall include:
a. Two members of the Wilmington City Council;
b. One member of the Carolina Beach Town Council;
c. One member of the Kure Beach Town Council;
d. One member of the Wrightsville Beach Board of Alderman;
e. One member of the New Hanover County Board of
Commissioners;
Page30fll
16
f. One member of the Belville Board of Commissioners;
g. One member of the Leland Town Council;
h. One member of the Navassa Town Council;
1. One member of the Brunswick County Board of Commissioners;
j. One member of the Pender County Board of Commissioners;
k. One member of the Cape Fear Public Transportation Authority
(New Hanover County Representative); and
I. One member of the North Carolina Board of Transportation;
Representatives from each of the following bodies will serve as non-
voting members of the Transportation Advisory Committee.
- Federal Highway Administration (North Carolina Division
Administrator)
- Cape Fear Council of Governments
- North Carolina State Ports Authority
- New Hanover County Airport Authority
- North Carolina Turnpike Authority
- Other local, State, or Federal agencies impacting transportation in
the planning area at the invitation of the TAC.
The Transportation Advisory Committee will meet as often as it is deemed
appropriate and advisable. On the basis of majority vote, the
Transportation Advisory Committee may appoint a member of the
Committee to act as Chairperson with the responsibility for coordination
of the Committee's activities. A staff member of the Wilmington
Planning Department will serve as Secretary to the Committee.
9. A Technical Coordinating Committee (TCC) shall be established with the
responsibility of general review, guidance, and coordination of the
transportation planning process for the planning area and with the
responsibility for making recommendations to the respective local and
State governmental agencies and the Transportation Advisory Committee
regarding any necessary actions relating to the continuing transportation
planning process. The Technical Coordinating Committee shall be
responsible for development, review, and recommendation for approval of
the Planning Work Program, Transportation Improvement Program,
Metropolitan Area Boundary, revisions to the Long Range Transportation
Plan, planning citizen participation, and documentation reports of the
MPO.
Membership of the Technical Coordinating Committee shall include
technical representatives from all local and State governmental agencies
Page 4 of JI
17
directly related to and concerned with the transportation planning process
for the planning area. Initially, the membership shall include, but not be
limited to, the following:
a. MPO Coordinator and Senior Transportation Planner, City of
Wilmington;
b. Transportation Demand Management Coordinator, Cape Fear
Breeze;
c. Traffic Engineer, City of Wilmington;
d. Director of Planning/ Town Manager, Town of Carolina Beach;
e. Town Clerk, Town ofKure Beach;
f. Director of Planning and Parks, Town ofWrightsville Beach;
g. Director, New Hanover County Planning Department;
h. Deputy Director, Wilmington International Airport;
1. Planner, North Carolina State Ports Authority;
j. Planner, Town of Belville;
k. Town Manager, Town of Leland (alternate: Director of
Developmental Services);
1. Town Council Member - Planning Administrator, Town of
Navassa;
m. Director, Brunswick County Planning Department;
n. Director, Pender County Planning Department;
o. Planning Director, Cape Fear Council of Governments;
p. Director, Cape Fear Public Transportation Authority
q. Division Engineer, Division of Highways, North Carolina
Department of Transportation;
r. Wilmington Urban Area Coordinator, Transportation Planning
Branch, North Carolina Department of Transportation;
Representatives from each of the following bodies will serve as non-
voting members of the Technical Coordinating Committee.
s. Director of Department of Development Services, City of
Wilmington;
t. Assistant County Manager, New Hanover County;
u. Division Operations Engineer, Division of Highways, North
Carolina Department of Transportation;
v. Division Construction Engineer, Division of Highways, North
Carolina Department of Transportation;
w. Planning Division Manager, City of Wilmington (alternate: Senior
Long Range Planner);
x. Division Traffic Engineer, Division of Highways, North Carolina
Department of Transportation;
y. Transit Planner, Public Transportation Division, North Carolina
Department of Transportation;
z. District Engineer, North Carolina Division, Federal Highway
Administration, United States Department of Transportation;
aa. Planning and Research Engineer, North Carolina Division, Federal
Highway Administration, United States Department of
Transportation (Advisory and non-voting);
bb. General Manager, Brunswick Transit Systems
Page 5 of 11
18
cc. Director, Pender Adult Services
The Technical Coordinating Committee shall meet when it is deemed
appropriate and advisable. On the basis of majority vote of its
membership, the Technical Coordinating Committee may appoint a
member of the Committee to act as Chairperson with the responsibility for
. coordination ofthe Committee's activities. On the basis of majority vote
of its membership, the Technical Coordinating Committee may also
appoint a Vice-Chair to lead meetings in the absence of the Chair.
Membership to the Technical Coordinating Committee may be altered on
the basis of a majority vote of its membership, provided all agencies with
TAC membership are represented.
10. The Wilmington City Council; Carolina Beach Town Council; Kure
Beach Town Council; Wrightsville Beach Board of Alderman; New
Hanover County Board of Commissioners; Belville Board of
Commissioners; Leland Town Council; Navassa Town Council;
Brunswick County Board of Commissioners; Pender County Board of
Commissioners; the Cape Fear Public Transportation Authority; and the
North Carolina Board of Transportation shall serve as the primary means
for citizen input to the continuing transportation planning process. The
Transportation Advisory Committee may initiate other vehicles to solicit
citizen input at its discretion.
11. The Transportation Advisory Committee (TAC) and Technical
Coordinating Committee (TCC), as well as any established sub-
committees are responsible for carrying out the provisions of North
Carolina General Statute Chapter 143, Article 33C regarding open
meetings, and Chapter 132 regarding public records. A Quorum is
required for the transaction of all business, including conducting meetings
or hearings, participating in deliberations, or voting upon or otherwise
transacting public business. A quorum consists of 51 % of the members of
the T AC or TCC, plus as many additional members as may be required to
ensure that 51 % of possible votes are present. An alternate may be
appointed to attend meetings should the member not be able to attend.
Alternates should be identified by position in the bylaws and by name in
the membership roster. Vacant seats as defined in the bylaws will not
count against the quorum. Electronic meetings are allowed as long as
public notice is given and location for listening to the meeting is provided.
Section 2. It is further agreed that the subscribing agencies will have the
following responsibilities, these responsibilities being those most logically assumed by
several agencies:
City of Wilmington
The City of Wilmington shall serve as the Lead Planning Agency and will provide
the Staff of the MPO, including the Local Area MPO Coordinator and a Secretary
to the T AC and the TCe. As such, Staff will maintain the official records of the
Page 6 of 11
19
MPO and all state and federal reporting and budgetary requirements in
cooperation with the North Carolina Department of Transportation staff. The
City will further assist in the transportation planning process by providing
planning assistance, data, and inventories in accordance with the Planning Work
Program. Additionally, the City shall coordinate zoning and subdivision
approvals within its jurisdiction in accordance with the adopted Transportation
Plan.
Town of Carolina Beach
The Town of Carolina Beach will assist in the transportation planning process by
providing planning assistance, data, and inventories in accordance with the
Planning Work Program. Additionally, the town shall coordinate zoning and
subdivision approval within its jurisdiction in accordance with the adopted
Transportation Plan.
Town of Kure Beach
The Town of Kure Beach will assist in the transportation planning process by
providing planning assistance, data, and inventories in accordance with the
Planning Work Program. Additionally, the town shall coordinate zoning and
subdivision approval within its jurisdiction in accordance with the adopted
Transportation Plan.
Town ofWrightsville Beach
The Town ofWrightsville Beach will assist in the transportation planning process
by providing planning assistance, data, and inventories in accordance with the
Planning Work Program. Additionally, the town shall coordinate zoning and
subdivision approval within its jurisdiction in accordance with the adopted
Transportation Plan.
New Hanover County
New Hanover County will assist in the transportation planning process by
providing planning assistance, data, and inventories in accordance with the
Planning Work Program. Additionally, New Hanover County shall, to the extent
allowed by state law, coordinate zoning and subdivision approval within its
jurisdiction in accordance with the adopted Transportation Plan.
Town of Belville
The Town of Belville will assist in the transportation planning process by
providing planning assistance, data, and inventories in accordance with the
Planning Work Program. Additionally, the town shall coordinate zoning and
subdivision approval within its jurisdiction in accordance with the adopted
Transportation Plan.
Town of Leland
The Town of Leland will assist in the transportation planning process by
providing planning assistance, data, and inventories in accordance with the
Planning Work Program. Additionally, the town shall coordinate zoning and
subdivision approval within its jurisdiction in accordance with the adopted
Transportation Plan.
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Town of Navas sa
The Town of Navas sa will assist in the transportation planning process by
providing planning assistance, data, and inventories in accordance with the
Planning Work Program. Additionally, the town shall coordinate zoning and
subdivision approval within its jurisdiction in accordance with the adopted
Transportation Plan.
Brunswick County
Brunswick County will assist in the transportation planning process by providing
planning assistance, data, and inventories in accordance with the Planning Work
Program. Additionally, Brunswick County shall, to the extent allowed by State
law, coordinate zoning and subdivision approval within its jurisdiction in
accordance with the adopted Transportation Plan.
Pender County
Pender County will assist in the transportation planning process by providing
planning assistance, data, and inventories in accordance with the Planning Work
Program. Additionally, Pender County shall, to the extent allowed by State law,
coordinate zoning and subdivision approval within its jurisdiction in accordance
with the adopted Transportation Plan.
Cape Fear Public Transportation Authority
The Cape Fear Public Transportation Authority will assist in the transportation
planning process by providing planning assistance, data and inventories in
accordance with the Planning Work Program.
North Carolina Department of Transportation
The North Carolina Department of Transportation will assist in the transportation
planning process by providing planning assistance, data, and inventories in
accordance with the Planning Work Program. The Transportation Planning
Branch will designate a Wilmington Urban Area Coordinator to serve as Staff
liaison and participant in the Wilmington Urban Area MPO planning process.
The Department, as permitted by existing State and Federal regulations, will
provide assistance in the protection of necessary rights-of-way for those
thoroughfares designated in the transportation plan.
Section 3. Activities of the Wilmington Urban Area MPO, as set forth
in the annually adopted Planning Work Program, are funded through Federal
Planning funds distributed through the North Carolina Department of
Transportation. These funds require a twenty percent (20%) Local Match. Parties
to this Memorandum of Understanding agree to fund the Local Match in an
amount in direct proportion to their share of the total population contained in the
approved Metropolitan Area Boundary. Population figures for determination of
Local Match contribution shall be determined based on the most recent Federal
decennial Census. This funding share shall be invoiced on a regular basis by the
City of Wilmington, acting as Lead Planning Agency, and as recipient of the
Federal Planning funds distributed by the North Carolina Department of
Transportation.
Page80fll
21
Section 4. Parties to this Memorandum of Understanding may
terminate their participation in the continuing transportation planning process by
giving 30 days written notice to the other parties prior to the date of termination.
Section 5. This Amended Memorandum of Understanding supersedes and
replaces any prior memorandum(s) of understanding between the parties
regarding the Wilmington Urban Area MPO.
Section 6. In witness whereof, the parties of this Memorandum of
Understanding have been authorized by appropriate and proper resolutions to sign
the same, the City of Wilmington by its mayor, the Town of Carolina Beach by its
mayor, the Town of Kure Beach by its mayor, the Town of Wrightsville Beach by
its mayor, New Hanover County by its chairman of the Board of Commissioners,
the Town of Belville by its mayor, the Town of Leland by its mayor, the Town of
Navassa by its mayor, Brunswick County by its chairman of the Board of
Commissioners, Pender County by its chairman of the Board of Commissioners,
the Cape Fear Public Transportation Authority by its Chairman and the North
Carolina Department of Transportation by the Secretary of Transportation, this
_ day of ,2007.
(Seal) CITY OF WILMINGTON
By
Clerk Mayor
(Seal) TOWN OF CAROLINA BEACH
By
Clerk Mayor
(Seal) TOWN OF KURE BEACH
By
Clerk Mayor
Page 9 of 11
22
(Seal) TOWN OF WRlGHTSVILLE BEACH
By
Clerk Mayor
(Seal) NEW HANOVER COUNTY
By
Clerk Chairman of the Board of Commissioners
(Seal) TOWN OF BELVILLE
By
Clerk Mayor
(Seal) TOWN OF LELAND
By
Clerk Mayor
(Seal) TOWN OF NA V ASSA
By
Clerk Mayor
Page 10 of 11
23
(Seal) BRUNSWICK COUNTY
By
Clerk Chairman of the Board of Commissioners
(Seal) PENDER COUNTY
By
Clerk Chairman of the Board of Commissioners
(Seal) CAPE FEAR PUBLIC
TRANSPORTATION AUTHORITY
By
Clerk Chairman
(Seal) NORTH CAROLINA DEPARTMENT
OF TRANSPORTATION
By
Secretary
Page 11 of 11
24
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Consent Item #: 6 Estimated Time: Page Number:
Department: County Manager Presenter: Bruce Shell
Contact: Cam Griffin
SUBJECT:
legislative Weekend
BRIEF SUMMARY:
The Chamber of Commerce has requested the County participate with them and the City of Wilmington in hosting a
Legislative Weekend for the Council of State and Members of the General Assembly. The weekend is scheduled for April
20-22,2007. New Hanover County has supported such events in the past. The weekend provides Wilmington and New
Hanover County the opportunity to provide visiting Legislators a first hand look at our legislative issues and projects. An
amount of $10,000 is being requested from the County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve funding in the amount of $1 0,000 for the Legislative weekend and approve related budget amendment transferring
funds from contingency.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
iii.:':::':
Request for Funding 07-119.doc
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
25
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Budget Amendment
BUDGET AMENDMENT Number: 07-119
DEPARTMENT: Finance
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to
be available to meet this appropriation.
Expenditure Decrease Increase
Non-Departmental:
Contingencies $10,000
Chamber of Commerce $10,000
Revenue Decrease Increase
EXPLANATION: To budget funding for legislative Weekend, April 20-22, 2007.
ADDITIONAllNFORMA TION: With the approval of this budget amendment, the amount in Contingency will be
$304,082.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
26
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Consent Item #: 7 Estimated Time: Page Number:
Department: Library Presenter:
Contact: David Paynter
SUBJECT:
Ratification of Preservation Grant Application
BRIEF SUMMARY:
The Library applied for an $810 preservation grant to the North Carolina Preservation Consortium in order to better archive
items in its special collection. No County match is required.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Ratify application, accept grant if awarded and approve the associated budget amendment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
A copy of the grant application is available for review in the County Manager's office.
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
27
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28
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Budget Amendment
Consent Item #: 8.1 Estimated Time: Page Number:
BUDGET AMENDMENT Number: 07-115
DEPARTMENT: Library
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to
be available to meet this appropriation.
Expenditure Decrease Increase
Library:
Supplies $10,268
Revenue Decrease Increase
Library:
State Aid $10,268
EXPLANATION: To budget additional Aid to Public Libraries funds received for FY 06-07.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
29
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30
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Budget Amendment
Consent Item #: 8.2 Estimated Time: Page Number:
BUDGET AMENDMENT Number: 07-118
DEPARTMENT: General Government
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007:
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to
be available to meet this appropriation.
Expenditure Decrease Increase
Non-Departmental:
Transfer to Capital Project $2,137,917
Revenue Decrease Increase
Appropriated Fund Balance:
Appropriated Fund Balance $2,137,917
EXPLANA TION: To appropriate Fund Balance for transfer to Anderson School Capital Project.
ADDITIONAL INFORMATION: This transfer was approved by the Commissioners in FY 04-05 and budgeted in FY
05-06. Funds were not requested by the Schools in FY 05-06, so funds became part of Fund Balance June 30,
2006.
This Budget Amendment will appropriate funds in FY 06-07 so funds can be transferred to the Schools for
Anderson School Capital Project.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
31
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32
REGULAR AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
5:40 p.m. 1. Consideration of Human Relations Month Proclamation 35
5:45 p.m. 2.1 Public Hearing 37
Modification of Master Plan (2-677, 7/99; Mod. 1/07) - Request by McKim &
Creed for NNP IV Cape Fear River, LLC to Modify the Approved Master
Plan for the Relocation of River Road
6:25 p.m. 2.2 Public Hearing 59
Special Use Permit (S- 571, 12/06) - Request by Duncan Marine Contractors,
Inc. for REIS, LLC to Locate a 7- Slip Community Coating Facility in an R-15
Residential District at 'The Bluffs at Trail's End" (7 residential lots on Trail's
End Road)
6:45 p.m. 3. Consideration of a Resolution of Intent to Close a Portion of Allen Avenue, 71
Myrtle Grove Community (SC-83, 01/07)
6:55 p.m. 4. Consideration of Plans for Blue Clay Adventure Park 77
7: 10 p.m. 5. Meeting of the Water and Sewer District 79
7:20 p.m. 6. Non-Agenda Items (limit three minutes)
7:25 p.m. 7. Additional Items
County Manager
Commissioners
Clerk to the Board
County Attorney
7:30 p.m. 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.
33
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34
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Regular Item #: 1 Estimated Time: Page Number:
Department: Human Relations Presenter: Carl Byrd and/or Yvonne Pagan
Contact: Carl Byrd
Item Does Not Require Review
SUBJECT:
Human Relations Month Proclamation
BRIEF SUMMARY:
The New Hanover County Commissioners are asked to adopt a proclamation declaring February as "Human Relations
Month".
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
... .
2nD 7H R M P RO .doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
35
PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, the New Hanover Human Relations Commission, the Greater Wilmington
Chamber of Commerce, and the Friends of Human Relations are sponsoring Human Relations
Month; and
WHEREAS, the theme for Human Relations Month is, "We Are One! ~ and
WHEREAS, we encourage all citizens to respect and work to establish equal rights for
all persons regardless of race, color, sex, religion, age, disability, or familial status; and
WHEREAS, through practicing the principles of Human Relations Month on an every
day basis, we help to preserve, protect, and perpetuate the rights of each person to freedom,
liberty, and justice.
NOW, THEREFORE, The New Hanover County Board of Commissioners hereby
proclaims the month of February 2007 as
HUMAN RELATIONS MONTH
in New Hanover County, North Carolina and calls upon all citizens to sincerely join forces in
creating and practicing a mutual bond of fellowship and resolve to accept a personal challenge to
improve the status of all people through assurance of the basic human rights of justice, freedom,
and dignity.
Adopted this the 5th day of February 2007.
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
36
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Regular Item #: 2.1 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Item 1: Modification of Master Plan (Z-677, 7/99; Mod. 1/07) - Request by McKim & Creed for NNP IV Cape Fear
River, LLC to Modify the Approved Master Plan for Relocation of River Road
BRIEF SUMMARY:
At its January 4, 2007 meeting, the Planning Board recommended approval of the requested modification by a vote of 5-0
(1 member recused). Several people spoke in opposition, citing concerns about additional traffic on River Road, additional
traffic in the Arrowhead neighborhood and noise from relocation of the roadway closer to homes in the area. The Planning
Board's recommendation included two conditions:
1. Developer must hold a minimum of 2 informational meetings for the adjacent community prior to
the County Commissioners meeting, with one purpose being to receive input on the community's
preferred method of buffering the roadway from the community (i.e. vegetated berm, sound barrier
wall, etc).
2. A public canoe/kayak launch as well as a public boat ramp if environmental permits can be
obtained must be included on master plan.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the petition.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
Z-677 Modification - Staff Summar}'.doc Z-677 Modification Petition Summawdoc
adjacent property map, applicant materials (4 pages), public opposition letters (9 pages), and four (4) full size site plans
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
On January 24,2007 the TAC unanimously approved a resolution to request the Board of Commissioners delay action on
this item until a small area study could be concluded for the River Road area. The study would be on an accelerated 14-
week schedule. A motion to approve the resolution from the TAC as it stands failed for a lack of a majority vote, Davis and
Pritchett voting in approval, Caster and Greer voting in opposition A motion to approve the resolution and continue the
item until the study is completed, but no later than June 4, 2007 was approved 4-0.
37
CASE: Z-677 (7/99) - Modification (1107);
PETITIONER: Richard Collier, McKim & Creed for
NNP IV Cape Fear River, LLC
REQUEST: Master Plan Modification - Relocate River Road
ACREAGE: Approximately 1,340 Acres
LOCATION: Parcel R07000-006-009-000
LAND CLASS: Transition
PLANNING BOARD ACTION
At its January 4,2007 meeting, the Planning Board recommended approval of the requested
modification by a vote of 5-0 (l member recused). Several people spoke in opposition, citing
concerns about additional traffic on River Road; additional traffic in the Arrowhead
neighborhood and noise from relocation of the roadway closer to homes in the area. The Planning
Board's recommendation included two conditions:
1. Developer must hold a minimum of2 informational meetings for the adjacent
community prior to the County Commissioner meeting, with one purpose
being to receive input on the community's preferred method of buffering the
roadway from the community (Le. vegetated berm, sound barrier wall, etc).
2. A public canoe/kayak launch as well as a public boat ramp if environmental
permits can be obtained must be included on master plan.
STAFF SUMMARY
In August, 1999, the County Commissioners approved rezoning of the referenced tract
from 1-2 industrial to PD Planned Development, based on a master plan which anticipated 3,366
residential housing units constructed on 657 acres; 28 acres of commercial area; a marina; 494
acres of open space that will not be developed; a possible golf course; 3 points of access to the
water - one private, one semi-private and one public; bike lanes and/or pedestrian paths along
River Road; combining open space for development of a large public park facility; provision of a
road connection on the east to Carolina Beach Road and Mary C. Williams Elementary School;
and widening and relocation of River Road. The proposed location on the approved master plan
shifted the roadway easterly at a point about 1,400 feet from the Progress Energy site near
Barnards Creek to about 1,500 feet off the existing right-of-way at the widest point, and then
merging back into existing right-of way about 1,900 feet from Motts Creek. The stated purpose of
the relocation was to "free up additional waterfront for development."
A recent change of ownership has generated interest in modification of the proposed
relocation route for River Road. Staff felt the change did not qualifY for administrative approval
as a minor modification under the provisions of Sec. 53 .5-3(2)(D) because the movement
eastward is a change in design for vehicle traffic circulation.
In addition to the roadway change, the proposed master plan has reorganized the
components of the adopted master plan to consolidate the commercial components into a single
area near the northern property boundary. A round-about is included for traffic calming near a
consolidated commercial area. A boardwalk, separated bicycle and pedestrian path, and a golf
38
course are included in the plan. Residential components are structured around natural ridge lines.
Wetland areas are better preserved.
In order to most effectively implement this design and provide the public and private
amenities anticipated for the development, the petitioner is requesting to move the road alignment
further eastward so that it comes approximately 225 feet from the adjacent Silver Lake residential
community. The following table highlights proposed changes to the existing site plan:
Approved Proposed
PROJECT COMPARISON 1999 2006 Difference
Residential Units 3,366 2,290 -1,076 units
Residential Acres 634 499.2 -134.8 ac.
Commercial Acres 29 28 -1.0 ac.
Open Space 494 703 +209 ac.
B ikeIPedestrian yes yes none
Boardwalk no yes gain
Boat Launch yes yes none
Park Sites Acres 14 19.2 +5.2 ac.
River Road Acres (100' ROW) 34 37.9 +3.9 ac.
School Fee-in-Iieu $2.5m $2.7m +$0.2m
Fire Fee $500k $406k -$94k
Staff Comments:
The proposed realignment of river road constitutes a major change to the existing
PD site plan. The alignment increases the distance and thus travel time on this increasingly
popular stretch of roadway. The proposed alignment does not eliminate any river views
which would not be eliminated by the already approved plan. The new alignment also
brings the roadway to within 225 feet of existing residential development. A 200' fringe use
area which contains a Progress Energy easement is indicated on the site plan. Outside of
the PE easement, this area is heavily wooded and will provide significant screening from
River Road.
The addition ofa roundabout and the consolidation of the plan's commercial
properties on a riverfront location has the potential to create a unique, attractive and
popular destination for residents and visitors to the development. The roundabout should
take away the need for signalized intersections to accommodate commercial traffic in this
area.
A development of this size certainly will have an impact on adjacent communities,
traffic congestion and the environment. The proposed site plan reduces the number of
residential units by 1,076. This 32% reduction will greatly lessen the burden on the
roadways and other infrastructure. The proposed roadway alignment avoids disturbance
of three sand ridges which provide habitat unique to this area. The plan proposes a 41 %
increase in the amount of open space compared to the approved plan.
Staff finds that changes proposed to the original PD district will be positive and will
lessen the burden on infrastructure and the environment therefore staff recommends
approval.
COMMISSIONER ACTION NEEDED:
39
1. Approve or deny the revision of the Master Plan based on a comparison
of the impacts of the existing approved master plan versus the proposed
master plan.
40
Case: Z-677, (7/99) - Modification (1107)
Petition Summary Data
Owner/Petitioner: Richard Collier, McKim & Creed for
NNP IV Cape Fear River, LLC
Existing Land Use: Vacant
Zoning History: Originally zoned 1-2, April 7, 1971, rezoned PD, July 1999
Land Classification: Transition
Water Type: Public
Sewer Type: Public
Recreation Area: Arrowhead Park, River Road Park
Access & Traffic Volume: River Road: 2,987, ADT 5/2004
LOS: A
Fire District: Myrtle Grove FD
Watershed & Water Quality Classification: C(SW) - Motts Creek & C(SW)
Bamards Creek
Aquifer Recharge Area: Secondary Recharge Area
ConservationlHistoric/Archaeological Resources: Flood Zone; Salt Marsh; Tidal
water
Soils: - Kureb, Baymeade, Rirnini (Predominate)
Septic Suitability: Well drained
Schools: Mary C Williams
41
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42
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44
APPLICANT MATERIALS
45
WHAT YOU MUST ESTABLISH
FOR 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 project is an extension of residential developments as they exist to the north, south, and west. It also provides
access to the Cape Fear River, new NHC County Park facilities, re-establishes natural wetland areas, and protects
steeper slopes throughout.
2. How would the requested zone change be consistent with the property's classification on the Land Classification
Map?
The land classification is urban transition and the CUlTent PD zoning provides for a mix of uses that are appropriately
sized and spaced to enhance the property and protect the environment and surrounding properties.
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?
Fonner 1-2 Zoning (pre 1999) in this area surrounded by R-IO, R-15, and MF is inappropriate. The rezoned PD
Zoning will provide safeguards for surrounding properties and protect the natural environments.
4. How will this change of zoning serve the public interest?
Re-establish natural wetland areas, preserve steep slopes, provides public water & sewer systems, and improves the
River Road corridor with dual bike lanes and improved roadway design. The project protects all adjacent land owners
through improved or natural buffers_
Page 2 of 3 ZMA-ll/06
46
5. General Narrative of Master Plan Amendment:
In 1999 this property was rezoned from 1-2 to PD. The Master Plan was administratively amended on December 11,
2002 by Dexter Hayes (included). Since this time, Newland Communities (dba NNP IV Cape Fear River, LLC) has
purchased the property (June 15, 2006) and revisited the overall design to further enhance the development while
preserving more of the sites natural features.
The owner and their design team have revised the River Road alignment, shifted residential uses, golf course routing
layout, commercial sections, and re-established vital wetland links and preserved steep slopes throughout the project.
The revised Master Plan provides for pedestrian movement from all areas of the project to the Cape Fear River,
Bernard's & Mott's Creeks, natural wetlands areas, and the amenities for the project.
The owner and design team have met on several occasions with the New Hanover County (NHC) Planning staff and
the NCDOT District Engineer and Division Traffic Engineer to present the revised alignment of River Road,
buffering to adjacent properties, updated golf routing, and updated land use areas. The December 2006 revised
Master Plan has been well received by NHC Planning Staff and the NCDOT engineers. This plan is being presented
to the NHC Planning Board and NHC County Commissioners to keep everyone included in the progress of the River
Road Development by Newland Communities.
In signing this petition, I understand that the existing zoning map is 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
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.
II~ !J c ~ (2t~ Alt. (;Pllt~ lit
Signature of Petitioner and/or Property Owner Print Name
Page 3 of 3 ZMA-ll/06
47
Dear Home Owner,
Newland Communities, the owner of the 1400 acre River Road tract,
will hold two neighborhood community meetings at Winter Park Baptist
Church. The address is 4700 Wrightsville Avenue, Wilmington, NC 28403.
Meeting dates are Tuesday, January 23,2007 at 5:30 p.m. and Friday,
January 26,2007 at 12:00 p.m. The purpose ofthe meetings is to familiarize
our neighbors with our development plans. Enclosed, please find a color
copy ofthe plan for your review prior to the meetings.
The meeting will feature the owners' team in a casual, town meeting
environment. You are encouraged to attend and share your concerns or
suggestions regarding the proposed development. We plan to present
illustrations and ideas regarding the concerns of better buffering River Road
from your neighborhood and ways to reduce or eliminate traffic impacts in
the Lorraine Drive area.
We have chosen Winter Park Baptist because it is the closest location
that is able to accommodate the dates, time, and number of neighbors we are
expecting, and adequate parking is available in the church's parking lot. We
look forward to these meetings and hope that you will attend.
Newland Communities
Wilmington Office
48
Donald Williams
5822 River Road
Wilmington, N.C. 28412
December 29, 2006
New Hanover County
Planning Department
County Annex Building
230 Marketplace Drive, Suite 150
Wilmington, NC 28403
To the Planning Board:
Reference letter of, Notice Public of Hearing , New Hanover County Planning Board, January 4,
2007.
Item 1: Planned Development (Z-677, 9/99) Modification (1107)- Request by by McKim &
Creed for NNP IV Cape Fear River, LLC to modify the approved master plan for
relocation of River Road.
1 will not be there in person to voice my thoughts, because of an emergency, so please let this be
entered into record that I, Donald Williams, who is a property owner and resides at 5822 River
Road, was not made aware of any proposal to relocate River Road, until receiving this letter about
the hearing. I understand the old plan had been accepted by the planning Board to increase the
dealt of the road. I have a few objections; The scenery view of River Road will be eliminated, the
River Road is the only Scenery Road left in the County. The increase dealt, will not only takes
away the view, it will also create a greater volume of traffic by my house. At the present time
it's like playing Russian roulette getting out of my drive way, with the existing amount of traffic.
The new plans of building more homes and extending the River Road will definitely result in a
greater flow of traffic. I understand that this plan was originated in 1999. My house was built
since this plan. I would like for the Board to review this proposal with consideration of what
negative effect this will be to me as a homeowner and tax payer on River Road.
New Hanover County is the most dentally populated county and has had the more accident per
county than any other county in North Carolina. Should we add to problems that exist in this
county?
After viewing both plans, I understand, when all the proposed changes are completed, all the tax
payer will get is a small Park leading to the River, for the people to use. I can see in the future,
houses built along the river blocking that access, as in many other cities. Then tax payers will be
block from that small benefit. I do like progress, but to over burden a county that is busting at the
seams already seem a little extreme to me. I just hope that you, the Planning Board Members will
take a deeper look at this proposed plan and not let greed playa greater role in your decision.
Additionally, I do not see taxes going down with all the building that is already going on in this
county and I don't see taxes going down with this proposal either.
~~~
Donald Williams
49
January 4, 2007
New Hanover County Planning Board
230 Market Place Drive
Wilmington, NC 48403
910-798-7165
Dear Board Members,
We, the residents and property owners of the Huntington Forest, Arrow Head,
Sunpointe Estates and other adjoining neighborhoods, are deeply concerned
about the projected relocation of River Road by the New Hanover County
Planning Department. We are opposed to the corridor location currently
proposed.
The Z-677 schematic some of us were provided indicates the new River Road
corridor would be constructed as close as 225 feet from residents' homes. This
would negatively impact hundreds of homeowners and affect our property values.
The quiet neighborhoods we enjoy would be no more.
The following signatures are of home/property owners and residents of both the
immediately affected neighborhoods and of New Hanover County who are
opposed to this construction project.
Sincerely,
M.LCJ:)c~
Melanie C. Doyle, homeowner)
4709 Stillwell Road
Wilmington, NC 28412
910-392-6845
50
Petition Opposing River Road Relocation (Z-677, 01/07)
Name, printed Address Signature
1 Illp \cm~f' c.. ~ '\",\k LnC<{ (:..:~-: \ \'-It: \ \ Q,1 It1JL u ,,(' ;
2 }., L. SLu"'t-c~ Yll.'1.1 SJ-;l\wdtf2-;J 1:.,:,; { 5/Jtttt"\
3 '11 .Ill { t6r,~,:...... i:,( 41 () if c.;.+~ (( Vv~ it r&l (~{1'\ 0 Iv.vff- -V
4 \( ,fL- Ki .tJJ I '-17 fJ 'Jill! wdl I(J) -:1~ ~ G~
5 r1J,\-hc.ll Icr:~d l/1/(, 5fil/l-}tl i i\,i "}(J~v.;:.{ W
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6 K.t..~l(.;l\.l (-i~..'tt.,:.,'- 47/7 5V:l!l,,).:il I,(L tc:...::-l.1..<Z',/ )-W~-
7 -~( ".:-,\:.. l;:~uLu, ~1J.u .") hllLviif IZ j ,J)tUJt,.'t.. (~O}U.-t:L l
8 FJ i \ ~1t?.cf\iv- J t/';t( -:)i:tltfJ:I/t I~ tJ .K.I/LV'J;'7~ Cl. -.t .~ ~ -
9 C.Iv.-r,!", tJ~~,",-j, LI'J~' -r,{It~JII.:A C',^^- ~ - 1\\ Hl
" . r " V' 'I
10 J""\ n...A.I'l ~/L~n'" 7':(.() 1\:1 ,.I.b(,.-h ,:;er l?...J n<./'k~~~ fA 'nl.....r--
11 iibh,^~~ fA)j .<'^t.Il 7"?() U),'pJ~ ....Pr/ _ :J)J/rv~ - t...... '/.J~.-......~
12 l:1J ~ I jl-,~W J). Wet) If) 1 A Jl ~ ~ 41'7 ~". "V~J <J<) r!J1.0.. ,
$J .., ( L~ ," ". ;,..,1.<,'" ril!11 (/1"1 1 [\\Ji .----' -
13r..M N~...,.:;.".xH'-I /' I~~I'-\ ~\~wetl \(J~" \ ~H. l'W v"""<::;\--.... I
14 ~:J 1J!L(1L~~':':' 1 L'l H; ! Itli 4th'J de. ~ ~1A ;{jlv~'. f
15 J'lJJsr2J~ J;.$/Ji-}tfJrJ4V t-f2..~ I(l' ~.u4$ ~. 'M1~ ~..,.' .rX~ "' l7
16 -:):W1CJ rll IG"l/kl/ l./705'Sf'\vetl RJ J... Qa..AI . ~~ .J.4
17 fJ^{////<'t~U'{)_7Jt//,),'1 ( :X,<;' "Kd ,':;::j f.--.Jf /~ . ///:b1J ,,'
18 ~y)'A~ JJ :t:1< 13, ..p -1)..1.//". I /J.:;, J1W('( .7>). -/~ 9l A /{y". .->' ~
v.' ' ..... . ~L L. .' ...,.. '!..V' /...., -, '-'- ~ # 7 . /'/1.......'
19/.'/1;'/...12:'(/ J'ifli:I?rU '~'lS- vV' IOi/~IV):i.:.,t; t?() J}1"A.I-u. tJ1~~
,. I.' J1. t r-. . / ~ l 't~1 i ~/7))1 -'f!
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20 11;/,...~, .,-li /IJ tV:/rtl ,!(!!:.!. ,..I.., LfJ 'I. t/}<.[,
21 L ~ ~r:h '~(\rLJ W'd 11Ll Lv ~ \ elk' f \1?S5 Ci .,-l~i/L cLwvv v-{~
22 ..J e;~... L. t ~ L(.. I {SoS to;\de.v-IV~s5 RJ T'v n':~ c.J..J:t::ti<- 6
23 -fJ1.r,b..~1 PA:bl./LlA.-- 'f-~~9LU~/2{l, J<hlie!"ft, fH/f,~'-/'''Ic.J
24ttlJ ~~. U_. ._' U i ,)r, V'-' 'L .')E/~"-' ,.., .~n (!VV1~c::>-i. ..0 .
25 r..\iI.r"-~\,^",f,~,\,,~S-\\t 4'i<i3 Wi\6Nl'I?{) ed 4'i.!liUrki:;L{'/A",J..JJ:j
26 C/lr'l5 Clu'ISiIi~' Iff/ J w'j/J!cfAJ=P; ~:f c;q~,,;.~ L.~I1~~ ~~.
27 I1"Ill1e #:Illltlflif4/ I1fJj f'IIQu//td-L/(tl 7/#",/;'-
28 if?rl("\( if-' mCl, l~ [I \.'l'.- 1,:::J.t::" SJlnPII'7,qc> 'J-r I. l~n/J\j1; J1Ylc);j PP"1/ ~Ill...
29 R 19 Ge,R. Sr;c.//R j/!, v 1 J 'f d..j I.J-k&..,i~ fIt. / //e~ ~I ./ '" /2. V
30 IfYlAr\/ ~~ J'},1.18 ^ ..10 e. 1fL. ~J}~~j;..
31 K"~ ) f.) il Klft' \51~~\u..- i-\-J.. ~ /1.. -; -~_.
32'--rfltrlN'tRC -1 <:.1(,-).( Y:Qo9.../""J//lJAS5/1(/;1 -<.;L_ .~ li!...../. ~
33 '1i tY\ r L\tlt'\e Ot' r'+ t..Jq n w"- LI~ fJJ1'>6 <' IlJ ::j.,4-'lA fft. .-;r-.
34-:))'<.r\O\,\ G<n" \. i.Jcr~1 W.TJ'i1'hf(;;/J) -"':J.,.....-,A~v ld\.Yr."
35 n 'p;\prl)J LLr.PAI~' y1:,2., 11 ,. nlt,h JQ;,t2^- J1J 1~J'dNA5+ict.. J-C:
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51
Petition Opposing River Road Relocation (Z-677 J 01107)
Name, printed Address Signature
1 ~\r~ D JJ ~ P~rd-eL 1~ LJ,. \tle.iLf\e5S ((d _1 () N'-.J>- C - r(J\\:EA
2 :..)~ ~ e N'i 4-.0 r?Sr \\. \\ ~, .7f'oI\..- fir\~ U..C.:... <.. D:'v '-'6
1 ~o, \{'1At.( ,~. ' \ Uj -:;J j~ v
3 \ \. /,.-
4 C""...-_ ,- ~fi ~J.he/....f 't 8-10J ,f Ld e rfJJQ "')<) / h~(2. Jl.:..1&,A~
Joe .~"V's f III vJ ,,- \Q.ev .rJls <"::.(1-. \> '- ~iU~ r
5 Jj
6 I'........" -, (~ - --~ \ 4~(k,. L)i~T\..j(p&<:" t lJ.J't. ~~'
J" . U l\.
7 '\ J flD 1JZW1. U () (1 ~ 48C6lA..J1lrttl f0f~"'f.-P.4 J LVr1
8 c. / IJ II j e. 4- !Jeff-II If,' /1 <./"1/0 ~);,ldt!YI1R5"5 il A~ iJ~
9 f"I .....+-..A. ('J-,.<^p-pJ 13D C "'n. I"'''' ~ Tra.., l r.& ~~ \ 11 ,I.{}/) n
10 ) H.f\ ? 1 ~'-i ~ Jifi-w;t ~ e...- if~,.'L W ~),~() A ~"---
1cA-v\ I. {.L: ij-CiOZ- vJl/dljOC~j f2J r~, i l-
11 c...:, YY X'\ M ~
ltY'/l .<v wJ' 1/U Lf'10 2-- ~v 'J I d f I rf'S ~ Rct ~~ f, ~
12 :... ~.... r Jli~
t/e1 - U CjG10-' 0, /n-(:/Jv~S5 7217 (~ / #' "-
13 1.1 ?}J--/ dOh.,..,SvrJ .A~
14 ~;4fJ114 Af)~^, "-0/-' ) I ) I I J J I ::.iL~ Q- /~
15 ~~p{ ~ ~rl ljqllf- h.\.\~e!~e.~ .R-) (pdJ\~ V. D!Qwr--
~ 1A~--. -lftllf' h\ {Z./CUJei.' fc7 ~~-O
17 /" ~ '" ./1. 1\ Af:; /t... ILJ~ ~ ~ ~^j_l, (1 /)11 A " "112..V r;1JXA .1 J.1 ~ L
......- [f ... "V .~ V' .V' """"-' ff\.../
18
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52
Petition Opposing River Road Relocation (Z-677, 01107)
Name, printed Address ~ _ Aignature
1D-r D~....~ ?fYf 1\ J J f2.J J"' / ://,...)/1------
2 "M~/;2u~Ce~ ?//4-r./cliJ;d \f-,~i7""J J:}/v,..,
3 AtJtJlleJ4- N (~o(,/ 17/1 Aft.NO/d RJ tJ;tl'A-, hA bIL. . "
4 /iJ'{'I(/;4 PC~f(/JS 7114/,(/dLu;to d::' v ~/-,
:\. I", Po h J i I i II t/f I n"1 " Ii ,J') I;. .,'., , ~ "':".I"7!
5 1'\Jt"1fr l' r J P 1-fA1 it, i\[V, f I ^ /--j Fl1/j!/1) k/'I/ If " J "10!.-.1 l ,/\/{ ,L,-,C.v "
6 [\ p1f,(\. l-lDbeJl..< {fb-tillc1 A..f"'L 0,1"..."' h,~ -(ft I') 'C'"
7 ;:'~M- ~,~ I 7"l:L AtNuV) iA, /JJ(Ji~ R~ 1.J..;~
8 1)~ A. ~()fL 1. .. A79 J 11_ ~.-IIIJ I /f,/. .PA/lA, '11. '"".1. 1{} J .
9 S\\(\J~ .~c~ 1'J.~ A-rno\o\ r2J' W..1\lr\ .,~ erA
10 (~, IJ 4- lA .r"- '-) "'1 v-~ ffl1-rv.. JA M U-. ~/I./ ~'-,..
11 '70.-.. ~ - ~ -k fl d S-" ,Clrx..rVu! & f {J \ -?../\. . .14, Ii+---
12 , ~/:< .J J-I I 30 Av" I --1 ~ !2L _ /~..,,,,,,LL2:-" -:T
13 kn,J /1.-. 6JJ, 0 1 73D -A--n dd fZd v/[j /Y1t ~~ n_ r7 7. -
14 rJ~lJncl 'fJ' --- ().~OJ V;3~ rtTt.~-}C) {c:L ~ \-!c 1I ~()Pr T '\ ("") -:.b:iT
15 -:r;;c_ C/\ .\A.Pp..,{l.A- 7 ~ '-f A rztvrJ d') {L}.., it \..-. ~ ~ L. ( I
16 ~~/iv.l -cAf~'h?bdl t-3t.( A.~/J (2"" f/ ~ fA~
17 R'fan Cn.mpbtl/ 731/ ArnQId Rd. ~ ~
18 'ThlJv{\ VV\l.Z.dL 63\3 8e\\VJV1),~ Cd- ~+i11- --.
19 ('";")[?,nree.. (Y\Ct ck $3 \3 ~eH~A c.i-- / Vi. "lfl'1J/' ~
20 :j tJ )'Ii tJ AVIff1-/ fr1 ~J It) 8 t:' I /Jf or. A ,j c-/- . J A 1/ '1----\
21 tTK<.: -"J ~&l.1 S3:J<6 -&;U,~ e-r ~ ~:. e~~(
22 n.~ln5-htVl. r--fbll'-l t)30~ (?)1\hA.1DOcl t~. "V lAAh ~ lM'ac~
23K1.th1 //n!.tAh ",d 5W~1S.Pti(UXJd CT 7{&{~ {j~l\{~'
24 a.~u V(~ '5)0<> {bet! u. U'}d [.f 1<.)(' n. f\, /
25 }(e) 14 U' C\ \0 e ') .10}, AV'rw \<l .~J. .1J~ I. l N' ~/~.\ ....
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53
Petition Opposing River Road Relocation (Z-617, 01/07)
Name, printed Address A ...signature....,.
1 W'~lIl!f'Vl tJ, Fltu:tlo L.j.g33 jhlAv!ll R cL /./~iJ~.//.r---,._,
2 PIA-tt. ~, Ftttc~o lf933S/J11v1/f J<d .4'] IJA~'~~A' \.1'LQ c.::
3 \~ 1ft..) Hof3B S 4 ft'41 ':;H i/t;Je II Rd t ('.:t.~ / 1//
4 '-/. 9 '12- tcJ>I h' ~l'1<J"''' s- r?o J
5 k~.J)~'1 1:/1 !GY/CZ{;U ~ Y#/n
6 SA-A 12- G. J,"l-r q2 q l 01I~ [) /I , 2LU (~4p-
7 ,;IJl/ff/ 'SA',.ttJe:s 1/19 !vO/!..Rf.I.-/"PP,ut <:.. )"O-fAP: ,i!Jfi; _AJA
., f.;;/i 0 I
8('" .~. I , 'I/'. /
9 iiAmL)YlA Wb(l~mAll C;otJtcWI'I., -Prt. (lii. 1i"1 ..A.i~rl&Ju>>Ul,~
10 -J..JIt--f1Aj 7f;iJ1-li 490:;7 711. laM jL P-J. ~..- 7\ a...,.X"----
11 ~\) \.;).~~~ 49 ~5 ~\~C\~(\\')T ~'{''ts~Wk.h' l'\~ -~
12 f? J I 1./~':.,1Rv Y7'Jt -)-/, 'J/t..,~ I J al K:IJ rf'.--.
13/l;7~/?([11! 0 DtYLL erOI 8ALIC~()/Jt? t:>/Z... /~d~~ t?'/~,?
1'\ \ . ~ .\.~.A Ct..,u (..{^, P'\\l^ ';{ Wn W'
14 '\'\.I'-J~"VJ"'- -\~ \ i 1)4'" \Q 1\.0 oJf L I rvv,~;}'>
y /'__ -"--, ,/",~ ,..:::- _ . / ./, ~ Y" '
15 .'-VE (, e>.; /u .cNr.!,}tJ~) .."w-'-{..;'~ IL.?"'-<..l--/ ")'--
16 <7,.j,~r.1- fa 1<,- 7t1J S/~ J"~/'4),I?J ME-tJ, (!d2
17 1J.j.f1oLl r~/o 70S y,LtlPr(dlf-p Rd.. ';CJ.~ ~~11
18 iY4llIjn}J~) /'Ad;,\. 760 }"J'lk L k (?p ~^- ~/.AAY-
19 iL_ A #A /'1-7;";; 7 /'J~ c;:h/-J- L~ k-~ .f?J. L_ ~;T;;
20 tk~f'P\ft" ~~ 7nfo S,II)P.. /Alro kiJ ~_~s: ~JI;
21 ~('l yv!O\ hrfrt -t()\<:, \,lef 1 If\-t"" QA. fA) & An. .r.d.0-- 7 ~
22 L/ v
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54
Petition OPPOSina River Road Relocation (Z-677J 01107)
Name, . Address Signature
1..{{If514I\~Pe/l.. J...J~ c~ IJL7t:t1?l d L/7/7//
1 to, I \-II\..M f\\, ~t'\Rlal2.. ?f /ff// -"
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2 4b,(VI gf:1\ ~,Jc>t.0 l' i';: iJ...... ,\)~l
3 iD.rI D~~J( ,t\~l. ll.u,......vJLlc".2tV.J ~ )/'//'7...
rb -rf} .f\ -0 ..61 r., f(~ vrh:tf9. ..;:: / P --'-
4 \\':> tpl:\ROr~,L~ t\4~E~tl2'6i(
5 :Delr.,'~tl V\.O'\~. '("'....4 '1'\\.-,(" q.. oAr. 'r Z. 'JlScl 0 \ .'\ /-t4 \{ P.- V
6 J:.l\ 01\. Mtl{; (.,Ie 19/0 C.CI"\"'\ ~r, C~o\\...,,-3,~'.vk I)IM m~v
7 ~"(,\XiSf.\ Jo NNSo N III rVlo~;<''''h I.-\. ~:j.v,j",~Nc JIV1v'L--1-LA-
8 !;:,Nu 1'\~ ..l. "111.1.. P_c.~r.tv-~v. R-A. ~~( -'-:ur;( .f}
0,ltL ! L 1 A.. ',,- 0~/(j Lfp5Comb Dr- ;);:1. AJe Il..A ( 1..--;.; , l~ --
9 r IV1D"4 / "
. j' s . S 7- 2> 1- t\i.~\~ It€. ?/. 'vvJv." l)L. C' J1( I ~ vvt'
10 :-:'-:)~ :Yy\ \'is"\;lev -. I.r~
11 }.J evv. L.-Y ~} ii, c-"", q 3"1~ ij;E(!;t:, r' If LI~~ I 'J'tL-I~
12 R\cJ,- C4~..AA hCX'rJo.r 1421 l:-Ate Gro-.Je. ~ (- t?2:P\ ~ f-
'111.". tn JJ,)/I~",c'y 3 ,/ Kuvt 8e.<<.~ I--P" j;; .~ /l /J//
13 17 5eJ-+fev G C( n e ''''4U~
14 (\~m~-"'" i:: ,le">.J."~ 1'()~ N \'\IT ~""~..~ \.-.~ <"- C;" ~ ~
'l:lL-ru . l.L ~~,....
15 ~AC&{t. I2.vl:Xll-1M 't"J"fB-.")oi-r;S/..A 'P~~, W1LM. <--- Y2iz. <<
16 ?' 6(.,(,.,"'f SL.o~ S'Lj2:>o &P<.G/...6S r4G5T.Ol.. Z~'1Dq ~Jxvv ~j "".
17 -SkU" 73bv.:.>dZ ~//</ -J/>C"--J".,...... /j)~ !~) '~~ :::;z
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18 n AI ., ~'-Vt J) -J 0 .AI.A io I Cf 1L.. /J .--1- (;> /1 . =e? ~~, D :7r:, /"\
/'-' /-
19
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58
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Regular Item #: 2.2 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Item 2: Special Use Permit (S- 571, 12/06) - Request by Duncan Marine Contractors, Inc. for REIS, LLC to Locate a
7- Slip Community Boating Facility in an R-15 Residential District at "The Bluffs at Trail's End" (7 Residential Lots
on Trail's End Road)
BRIEF SUMMARY:
At its December 7,2006 meeting, the Planning Board recommended approval of this project by unanimous vote. No one
from the public spoke in favor or against the proposal. The recommendation includes the following additional conditions:
(1 ) Deed restrictions or restrictive covenants to be recorded in the chain of title will be placed on the
7 proposed lots in the subdivision, stating that no individual docks or piers will be allowed, and
only property owners or their guests may use the slips.
(2) No overhead lighting shall be installed.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve, approve with conditions, or deny the Special Use Permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
S -571-S taff S ummaw doc S -571 Petition S ummaw doc
copies of adjacent property map, applicant materials (5 pages), hydrographic survey, and full size site plan
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
A motion to approve the special use permit with the recommended conditions was approved 4-0.
59
SPECIAL USE PERMIT
S-571,12/06: Community Boating Facility (7 slips)
Request By: Duncan Marine Construction for REIS, LLC
Location: 311 Trail's End Road
Acres: 3.77 acres
PLANNING BOARD ACTION
At its December 7, 2006 meeting, the Planning Board recommended approval of this
project by unanimous vote. No one from the public spoke in favor or against the
proposal. The recommendation includes the following additional conditions:
(1) Deed restrictions or restrictive covenants to be recorded in the chain of
title will be placed on the 7 proposed lots in the subdivision, stating that
no individual docks or piers will be allowed, and only property owners
or their guests may use the slips.
(2) No overhead lighting shall be installed.
Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health or
safety iflocated where proposed and developed according to the plan as submitted and
approved.
A. The subject property is located within the Myrtle Grove Fire District.
B. A private well will serve the dock facility.
c. The project will be located in Whiskey Creek, which is subject to extreme tidal fluctuations
D. Access to the site will be pedestrian from within The Bluffs at Trails End Subdivision, off
Trail's End Road.
2. The Board must find that the use meets all required conditions and specifications of the
zoning ordinance.
A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a
community boating facility in an R-15 Residential District.
B. The property has an existing pier and floating dock which applicant proposes to keep.
C. The site will not need any off-street parking, because it is close to the proposed residential
lots it will serve.
D. The proposed community boating facility proposes seven (7) boat slips with boat lifts to serve
seven (7) proposed residential lots, which meets the required ratio.
E. A pedestrian easement will be provided and conferred to each owner for access to the
community boating facility.
F. No commercial activities, as required by the ordinance, are proposed for the facility.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. Similar type projects exist in other residential districts in New Hanover County.
60
B. No evidence has been presented that the proposed use will injure the value of adjoining or
abutting property values.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover
County.
A. The New Hanover County Comprehensive Plan classifies the site as Conservation. The
purpose of the class is to provide for effective long-term management and protection of
significant, limited, or irreplaceable natural resources while also protecting the rights of the
property owner. Water-dependent uses are appropriate.
B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust
waters.
C. The entire creek bank is surrounded by brackish marsh and a 75' COD setback has been
identified on the plan. Whiskey Creek has a significant fluctuation in water body width and a
severely limited channel width at low tide, making pier projects on individual residential lots
complicated.
D. Surrounding land uses include single-family housing, some with docks and piers.
Staff Comments:
Staff supports the conditions added by the Planning Board.
ACTION NEEDED:
(Choose one)
1. Motion to Grant the special use permit (with or without recommended
conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative 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.
61
Case: 8-571, 12/06
Petition Summary Data
OwnerlPetitioner: Duncan Marine Construction for REIS, LLC
Existing Land Use: Vacant (Residential Subdivision)
Zoning History: October 15, 1969
Land Classification: Watershed Resource Protection/Conservation
Water Type: County
Sewer Type: County
Recreation Area: Public Trust waters of Whiskey Creek and Intracoastal
Waterway
Access & Traffic Volume: Access will be pedestrian within the subdivision
Trails End Rd to Masonboro Loop Road; ADT on
Masonboro Loop Rd. @ Whiskey Creek = 13,466 (4105)
LOS: Not given for Trails End Rd.; Masonboro Loop Rd = F on this segrnent
Fire District: Myrtle Grove FD
Watershed & Water Quality Classification: Whiskey Creek (SA)
Aquifer Recharge Area: Primary or Secondary
Conservation/Historic/Archaeological Resources: Salt Brackish Marsh
Soils: WA- Wakulla
Septic Suitability: W A = Class I1Suitable
Schools: Parsley Elementary
62
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63
APPLICANT MATERIALS
64
SPECIAL USE PERMIT APPLICATION
_ STATEMENT TO GENERAL REQUIREMENT #1 -
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."
Statement by Applica.nt:
There are severt (7) individual lots, as outlined on Sheet # 1
provided, within the new community. This proposal, as outlined on
Sheet #2 provided, is to construct (1) new fIxed pier containing (5) fIve
new boatlifts and to update the existing pier to include (2) additional
boatlifts, making a total of (7) boatlifts.
If accepted, the new fIXed pier, as outlined on sheet #2, will be located
adjacent to and the same length as the existing fIXed pier located on the
property and also outlined on sheet #2.
The new Pier Proposed for the (7) Trails End Lots, shown on Sheet # 1,
will not extend past the established pier-head line nor will the new pier
extend past a quarter width of the water body (Whiskey Cheek). The New
Pier will be in compliance with all CAMA regulations and New Hanover
County Building Codes.
As outlined on sheet # 1, the new fIXed Pier, if accepted, would run along
the 10' Ped. Easement between lot #'s 1 and 2. The 10' easement will
provide the other (5) individual lots a deeded community access to the
new fIXed pier and boatlifts.
If accepted, this new fixed pier would provide safe, family oriented, water
access to the (7) individual lot owners as outlined on sheet # 1 and #2
provided.
1
65
SPECIAL USE PERMIT APPLICATION
_ STATEMENT TO GENERAL REQUIREMENT #2 -
GENERAL REQUIREMENT #2
The Board must find "that the use meets all required conditions and specifications. of the
Zoning Ordinance."
Statement by Applicant:
The Trails End Community is permitted in the R-15 District:
1) The Trails End Community will minimize the impact on water
quality, primary nursery areas, shellfish grounds, and
conservation resources by limiting the overall construction to the
(1) new fIxed pier and seven (7) boatlifts as outlined in sheet #2
attached. The overall environmental impact will be limited by
constructing a fIxed pier with no floating portions that rest on the
mud at low tide. Also, by installing boatlifts, the (7) individual
boatlift owners will be able to lift their boats out of the water
completely, further limiting the environmental impact.
2) Off-street parking for the community pier will be associated to the
(7) individual lots as outlined on sheet # 1 provided. Individual lot
owners will be able to park at there own lot and access the
community pier.
3) This proposal is for (7) boatlifts associated to the (7) lots depicted
on sheet #1.
4) The right to use the private-community boating facility is conferred
by the easement located between lot #'s 1 and 2, as seen on sheet
# 1 provided.
5) Commercial activities, including but not limited to the sale of
gasoline, oil, marine supplies and foodstuffs are strictly prohibited.
2
66
SPECIAL USE PERMIT APPLICATION
_ STATEMENT TO GENERAL REQUIREMENT #3 -
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."
Sf1ltement by Applicant
The Trails End Community Pier Proposal, if accepted, will greatly
increase the value of the Trails End Property by providing a safe, family
oriented, professionally constructed, boating facility.
In compliance with all CAMA regulations and Building Codes, the Trails
End Community Pier Proposal, if accepted, will increase the estimated
value of the individual lots as a whole. The Trails End Waterfront
Community would not be as valuable without the ability to access the
waterfront via boat. This proposed development is comparable to
waterfront construction already underway on both sides of the Trails End
community. The attached aerial photo, taken from Google Earth@,
shows the Trails End Property and adjacent properties with piers already
constructed that are similar to what is being proposed for the Trails End
Community.
3
67
SPECIAL USE PERMIT APPLICATION
_ STATEMENT TO GENERAL REQUIREMENT #4 -
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."
Statement by Applicant:
The Location and Character of the use for the Proposed Piers at the
Trails End Waterfront Community will be in harmony with the area by
providing safe, family oriented, water access to the individuals who own
lots within the Trails End Community. The use of the proposed piers will
be no different than similar community piers located on either side of the
Trails End Community.
Each individual lot owner in the Trails End Community will have safe
deeded access to the community pier and boatlifts.
Under this proposal, there will only be (7) boat slips available, in an
effort to minimize the overall environmental impact. This pier proposal is
in harmony with other piers located on Whiskey Creek.
4
68
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70
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Regular Item #: 3 Estimated Time: Page Number:
Department: Planning Presenter: Sam Burgess
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Resolution of Intent to Close a Portion of Allen Avenue, Myrtle Grove Community (SC-83, 01/07)
BRIEF SUMMARY:
On behalf of Ronald Strickland, James D. Smith, has petitioned the County to close a segment of Allen Avenue. In
accordance with N.C.G.S. 153A-241, a Resolution of Intent to close a road or easement must be adopted prior to
scheduling a public hearing. This is a non-public hearing item.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may adopt the resolution of intent and a public hearing on March 12, 2007 would follow.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
SC-83.doc Road Closing-Allen A venue Itr. doc
adjacent property owner map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider resolution of intent.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
71
Non-Public Hearing Item
SC-83, 01107
Resolution ofIntent to Close a Portion of Allen Avenue, Myrtle Grove Community
Petitioner: James D. Smith, Attorney for Ronald Stickland
Location: Near Eastern End of Loder Avenue
General Comments
On behalf of Ronald Strickland, James Smith has petitioned the County to close a 100 x
20 foot segment of Allen A venue located off the eastern end and running perpendicular
of Loder Avenue, Myrtle Grove Community (Plat Book 3, Page 10). The unimproved
road contains a 20 foot right-of-way that serves access to several homes that are located
near the Intracoastal Waterway. In accordance with N.C.G.S. 153A-241, a Resolution of
Intent to close a road or easement must be adopted prior to scheduling a public hearing. A
site map depicting the segment of Allen A venue to be closed is attached.
Staff Comments
In a cursory review of the Allen A venue road closing petition, County Engineering has
indicated that the entire right-of-way would need to be retained as a utility easement due
to the existence of County sewer. A potential access land locking issue may also result if
lot 3 is sold in the future. Existing infrastructure and potential access land locking issues
should be considered by the Board in deciding whether to proceed with the Resolution of
Intent to close this portion of Allen A venue. If the Resolution of Intent is adopted by the
Board, a public hearing is slated for March 12,2007.
72
January 22, 2007
Mr. James D. Smith
105 South Front Street
Wilmington, NC 28401
Re: Road Closing Application (Portion of Allen Avenue - Myrtle Grove Area)
Dear Mr. Smith:
Please be advised that your road closing application has been received and is being
processed by the County Planning Department. Your request is to close a portion of
Allen A venue located off Loder A venue in the Myrtle Grove area.
The following time line has been created for the road closing request and will be
culminate with a public hearing before the Board of County Commissioners if the
Resolution of Intent to close the road is adopted.
Resolution Of Intent Monday, February 5, 2007
Advertised STAR NEWS Friday, February 9, 2007
Advertised STAR NEWS Friday, February 16,2007
Advertised STAR NEWS Friday, February 23,2007
Advertised STAR NEWS Friday, March 2, 2007
Public Hearing (if Resolution adopted) Monday, March 12, 2007
The County Commissioners will meet on Monday, February 5, 2007 at 5:30 p.m. or soon
thereafter in the General Assembly Room of the Old County Courthouse, 24 North Third
Street to consider the Resolution of Intent.
Contact me if you have any questions. I can be reached at 798-7441.
Sincerely,
Sam Burgess
Principal Development Planner
73
Resolution of Intent to
Close a Portion of Allen Avenue
Myrtle Grove Area
Whereas, a petition has been filed pursuant to NCGS 153-A-241, requesting the
Board of Commissioners of New Hanover County to close the following described
portion of Allen A venue, Myrtle Grove Community:
Beginning at an iron pipe being the northwest corner of Lot 3 Myramar Camp Sites as
shown on map of same recorded in Map Book 3 at Page 10 of the New Hanover County
Registry; running thence along the eastern right of way of Allen A venue South 24
degrees 15 minutes West 100.00 feet; thence North 65 degrees 45 minutes West 20.0 feet
to an iron pipe; thence along the Western right of way line of Allen Avenue North 24
degrees 15 minutes East 100.00 feet to a point; thence South 65 degrees 45 minutes East
20.00 feet to the point of Beginning.
Now Therefore, be it resolved that this Board is considering closing a portion of Allen
A venue to public use and that a public hearing on this question will be held on the 1 ih
day of March, 2007 at 1 :00 p.m. in the Assembly Room of the Old County Courthouse at
24 North Third Street in Wilmington at which time the Board will hear all interested
citizens and make a final determination as to whether the road shall be closed.
The foregoing resolution was adopted by the New Hanover County Board of
Commissioners on the 5th day of February, 2007.
William A. Caster, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
74
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76
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Regular Item #: 4 Estimated Time: Page Number:
Department: Parks Presenter: Neal Lewis
Contact: Neal Lewis
SUBJECT:
Consideration of Plans for Blue Clay Adventure Park
BRIEF SUMMARY:
The Cape Fear Cyclists, along with other bicycling enthusiasts, have approached the County regarding the use of the
County-owned property off Blue Clay Road (the County Jail site) for an off-road bicycle park. The Cape Fear Cyclists have
committed to provide assistance with planning, developing and funding the required improvements to the property. Some
of the proposed development will require assistance and participation from the New Hanover County Parks Department (i.e.
permitting, layout, rest room construction). The County will own and manage the park. The New Hanover County Sheriff's
Department has been consulted on this project and has indicated support if traffic safety for vehicles and bicycles is
addressed. Other current uses of the property include the Juvenile Center, an NHRMC EMS Station, the Coastal Horizons
Alpine Tower and Ropes Course and a New Hanover County water tower.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval of the plan for the proposed Blue Clay Park and approval to begin work on the planned improvements, pending
required permitting and approval of plans by the Parks Department.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
There will be a power point presentation.
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider plan.
COMMISSIONERS' ACTIONS/COMMENTS:
A motion to designate the property as a County Park so that planning for improvements may begin was approved 4-0.
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MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
7: 10 p.m. 1. Non-Agenda Items (limit three minutes)
7: 15 p.m. 2. Approval of Minutes 81
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/05/07
Water & Sewer Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: District Chairman Kopp
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Water and Sewer District - Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Water and Sewer District Regular Session meeting held on January 22,2007.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
81